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052295 CC Reg AgP i;.::tTY COUNC:tL REGULAR MEET:tNG C:tTY OF SHOREWOOD MONDAY, MAY 22, 1995 5755 COUN'l'RY CLUB ROAD COUNC:tL CBAJlBERS 7:30 P.M. AGENDA 1 . CONVENE C:tTY COUNC:tL MEET:tNG A. Roll Call Stover Benson Malam McCarty Mayor Bean B. Review Agenda C. Appreciation to American Legion for Flag and Donation to Festival D. Presentation by John Hammond, Mosquito Control 2 . APPROVAL OF M:tHOTES City Council Regular Minutes May 8, 1995 (Att.-#2 Minutes) 3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion to Adopt a Resolution Approving Intoxicating Liquor License Sunday and Club - American Legion Post #259, 24450 Smithtown Road (Att.-#3A Proposed Resolution) B. A Motion to Adopt a Resolution Approving Intoxicating Liquor License on Sale of Intoxicating Liquor and Special Sunday Sales - Minnetonka Country Club, 24575 Smithtown Road (Att.-#3B Proposed Resolution) C. A Motion to Approve Updated Job Descriptions and Authorize the Hiring of Part-time Clerical Assistants (Att.-#3C Memorandum) D. A Motion to Adopt a Resolution Approving a Temporary Gambling License - Minnesota Medical Foundation (Att.-#3D Proposed Resolution) E. A Motion Approving Entrance Monument signs for the Seasons P.U.D. (Att.-#3F Planner's Memorandum) 4. . MATTERS FROM THE FLOOR (presentations are limited to 3 minutes. No Council action will be taken.) 5 . M:tNNETONKA COMKUN:tTY SERV:tCES Representative Tad Shaw Report by I . < -. CITY COUNCIL AGENDA - NAY 22, 1995 Page 3 D. Attorney's Report on Ron Johnson Litigation (Att.-#13D Attorney's Letter) 14. NAYOR &: CITY COUNCIL REPORTS A. Report by Mayor on Proposed Lease Agreement Meeting with Senior Community Center Representatives B. Consideration of Summer Meeting Schedule 15. ADJOURH SUBJECT '1'0 APPROVAL OF CLAIMS ( At t . - # 15 ) MAYOR Robert Bean COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612)474-3236 EXECUTIVE StJDARY ~ SHOREWOOD CITY COUNCIL MEETING MONDAY MAy 22, 1995 . I I. Please review the letter attached to this Executive Summary which explains that Terry Forbord will not be attending this Council meeting to discuss "issues" with the City Council. Aaenda Item #lC: This is an opportunity to publicly thank the American Legion for donating the flag now flying at City Hall and for donating to our Park Festival. Aaenda Item #lD: The Mosquito Control District has requested a few minutes to address the Shorewood City Council. John Hammond, Foreman, and Wayne Johnson, Supervisor, will be present at the meeting. t I I . l Aaenda Item #3A: This resolution approves an annual Intoxicating Liquor License, Sunday and Club for the American Legion Post #259. " .. Aaenda Item #3B: This Resolution approves an annual Intoxicating Liquor . License On Sale and Special Sunday Sales for the Minnetonka Country .' Club. Both liquor license applications have been forwarded to the Police Department for appropriate checks and they have indicated there have been no violations during the past year. Aaenda Item #3C: As explained in an earlier memorandum to the City Council, we are combining permanent part-time and temporary and seasonal positions into two permanent part-time clerical assistants. Those job descriptions are in the packet and would be approved by this motion. A second motion would be to approve the hiring of Connie Bastyr as part- time clerical assistant with focus on parks. Our search will continue for a second part-time assistant. Aaenda Item #3D: This resolution would approve a temporary gambling license for a raffle to be held June 5, 1995 at the Minnetonka Country Club for the Minnesota Medical Foundation. This is an annual fund raising event for this organization. A Residential Community on Lake Minnetonka's South Shore Executive Summary - City Council Agenda May 22, 1995 Page 2 Aaenda Item #3E: Pete Boyer has requested a sign permit to erect monument entry signs at the two street entrances to his Seasons senior housing project. The signs conform to the requirements of the Shorewood Zoning Code, and the Planning Director recommends approval of the permit. Aaenda Item #5: Shorewood's representative on the Minnetonka Community Services Board, Tad Shaw, has requested to be placed on the agenda to address the Council for several minutes. He will be inviting the City Council to the Celebrating Community Collaborations Breakfast and MCES Annual Meeting to be held on Thursday, May 25 from 7:15 to 8:45 a.m. at the Minnetonka Baptist Church. Aaenda Item #6A: Abingdon Development has submitted a revised development stage plan for the Heritage P.U.D. The new plan, which contains 23 single-family lots (two of which have existing homes on e them) is consistent with the Comprehensive Plan and Zoning Code. The developer has made numerous changes in response to previously raised issues. The plan in your packet requires slight modification, based on the Planning Commission's recommendation, which was to approve the concept and development stage plan (5-1-0,1 abstention). This motion is to direct staff to prepare a findings of fact. Approval requires a four-fifths vote by the Council. Aaenda Item #6B: Lundgren Bros. Construction has requested concept stage approval for a 33-lot (32 new lots), single-family residential subdivision, located west of the Minnewashta Elementary School. The proposal is consistent with the Comprehensive Plan and the Zoning Code, and the Planning Commission voted 5-1 to recommend approval, subject to staff recommendations. This motion directs staff to prepare a findings of fact. Approval requires a four-fifths vote by the Council. eAaenda Item #6C: John Pastuck has asked to address the Council regarding the proposed wetland setback requirements they impact his property. Staff suggests that Council members visit the subject site if they were not able to when Mr. Pas tuck requested vacation of part of the wetland easement on his property. The Planning Commission restated its commitment to enhanced wetland protection, and questions the buildability of the site. Aaenda Item #7: Gary Groen from our auditing firm will be present to briefly review the 1994 City financial audit. Aaenda Item #8: Enclosed in the packet is the first draft of a resolution which would establish a task force to make recommendations on snowmobile issues. The concepts involved in this draft are consistent with what I have discussed with Laura Turgeon from the Planning Commission and with the Park Commission. There are a number of questions the Council should consider, such as, should there be a City Council liaison to the task force? Please feel free to make any changes . . r.:.... or give any directions for a revised resolution which could be brought back to the City Council at a later meeting. This can be considered an action plan resulting from the recently adopted Comprehensive Plan. Aaenda Item #9: This is a first draft of an ordinance regarding the keeping of more than two dogs within the City. Please review the enclosed memorandum and draft ordinance for discussion at this meeting. Aaenda Item #10A: Staff recommends that the Council approve an order finding that the abandoned home at 25565 Smithtown Road is hazardous. Aaenda Item #10B: Staff recommends that the Council approve an order to secure the above-referenced property to prevent access and potential injury of children. Aaenda Item #11: This resolution proclaims Mayas Older Americans Month. Aaenda Item #13: No action is requested on any of the report items listed on the agenda. Please be advised upon report #13C, the City Attorney will immediately initiate criminal enforcement proceedings which could result in a criminal misdemeanor for the four individuals who are still not meeting the requirements of the rental housing code. Aaenda Item #14B: Several members of the Council have indicated an interest in cutting back on the number of meetings during the summer. That is the purpose for adding this item on the agenda. It should b~ recognized that if the number of meetings are cut back and constructJ.on schedules cannot be reasonably adjusted to infrequent Council meetings, some special "brief" Council meetings may need to be called. MAYOR Roben Bean CITY OF SHOREWOOD COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 May 18, 1995 Terry Forbord Lundgren Brothers 935 E Wayzata Blvd Wayzata, MN 55391 ~ Dear Mr. Forbord: In your letter dated May 8, 1995, addressed to the Mayor and City Council, you requested to appear before the Council to discuss issues. You indicated to me, during a phone conversation that same day, that you were unavailable to attend the May 8 meeting, but would like to be scheduled for the May 22 Council me~ting. During our phone conversation today, May 18, you said that due to personal conflicts you probably would not be attending the May 22 meeting and asked that your request to appear be removed from the agenda, which I have done. During that same conversation I asked you to submit in writing when you would like to be scheduled in the future and to specifically indicate what you would like to discuss. . Following receipt of a written request from you, I will schedule a time when you can appear before the City Council. I might also add that anyone is welcome to address the Council under "Matters from the Floor". However, it should be noted that the City Council will not take action on items discussed at this time. If you have any question about this understanding, please feel free to contact me. Sincerely, CITY O. F 77:PHOO ( 1 ,,~v /l/a Teri Naab, Deputy Clerk cc: Mayor and City Council James C. Hurm, City Administrator A Residential Community on Lake Minnetonka's South Shore MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 May 18, 1995 Donald Kronberg, President American Legion Post #259 24450 Smithtown Road Shorewood, MN 55331 . Dear Mr. Kronberg and Members of the American Legion Post #259: On behalf of the Shorewood City Council and Park Commission we would like to thank you for your donation to the Shorewood Parks Festival. We look forward to this event being a great success to both heighten public awareness of our park system and also as a fund raising effort. It should be noted that your Shorewood Park Foundation representative, Kenneth Dallman, has been elected President of the Foundation Board of Directors. His active participation in ~e Foundation speaks well for the Legion and your continuing support for the Community In numerous ways. We would also like to thank you for the gift of the American Flag to be flown at City Hall. Your donations within the Shore wood are very much appreciated and make this a better Community for all. . Sincerely, ~ OF SHOREW~OD. . ~~~~lJl^-J Robert B. Bean, Mayor .,c., A Residential Community on Lake Minnetonka's South Shore CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, MAY 8, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:33 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Malam, McCarty and Stover; Administrator Hurm, City Engineer Dresel, City Attorney Keane,. and Planning Director Nielsen. Absent: Councilmember Benson. . B. Review Agenda Stover moved, Malam seconded to approve the agenda for May 8, 1995. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes - April 26, 1995 Malam moved, McCarty seconded to approve the City Council Work Session Meeting Minutes of April 26, 1995 as presented. Motion passed 4/0. B. Reconvened Board of Review Minutes - April 24, 1995 Stover moved, McCarty seconded to approve the Reconvened Board of Review Meeting Minutes of April 24, 1995 as presented. Motion passed 4/0. . City Council Regular Minutes - April 24, 1995 McCarty moved, Stover seconded to approve the City Council Regular Meeting Minutes of April 24, 1995 as presented. Motion passed 4/0. Revised Executive Session Minutes - April 24, 1995. McCarty moved, Stover seconded to approve the Revised Executive Session Meeting Minutes of April 24, 1995. Motion passed 4/0. Keane reported the City had met in Executive Session to discuss mediation in the matter of the City of Shorewood versus Mr. Ron Johnson. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for May 8, 1995. Malam moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: ji:~ REGULAR CITY COUNCIL MINUTES May 8, 1995 - PAGE 2 A. RESOLUTION NO. 95-40~ "A Resolution Approving a Preliminary Plat for Zachary Woods and a Variance to Create a Lot Without Frontage on a Public Street." Applicant: Brent Sinn. Location: 6035 Galpin Lake Road. B. RESOLUTION 95-41~ "A Resolution Approving a Setback Variance and Variance to Expand a Non-conforming Structure." Applicant: Jack Kimball. Location: 4445 Highland Circle. C. RESOLUTION 95-42. "A Resolution Making Appointments to the Watermain Assessment Advisory Group." D. Motion to Approve an Agreement to Receive a $5,000.00 Grant from Metropolitan Council for Public Safety Cooperative Efforts. Motion passed 4/0. 4. MATTERS FROM THE FLOOR Kristine Lizee inquired as to the property located at 25550 Smithtown Road. She stated she felt . this property was in violation of City Code 502.03, as it was a public nuisance, affecting the peace and safety of the neighborhood. She indicated she was a resident of that area and felt that this was a dangerous situation. This property is vacant with windows absent, the door was open, with the electricity running and the open stairwell is half filled with water. Nielsen indicated the City was presently working on condemning the site. The Fire Chief of the City of Excelsior was present to express appreciation for allowing the City of Excelsior to bid on the rescue truck. 5 . PARKS - Report by Representative A. Report on April 25 Park Commission Meeting Commissioner Martin reviewed the discussions and actions taken by the Commission at its April 25 meeting (detailed in minutes of that meeting). B . Consideration of a Motion Concerning Donation of Trees and Authorization for Installation Thereof . Commissioner Martin reported an offer was received by Jim Wilson Nursery to donate 30 trees at a cost to the city of $50.00 per tree to cover the manpower and equipment to plant the trees. These funds would be paid from the Park General Fund. The trees will be 2-1/2" to 3-112" in diameter, 10 foot or more in height, and a variety of trees such as ash, linden, maple, and honey locus. McCarty moved, Stover seconded to accept the gift of trees and authorize up to $1,500.00 for the planting of 30 trees. Motion passed 4/0. 6. PLANNING - Report by Representative Commissigner Pisula reviewed the actions taken and recommendations made at the Planning Commission's April 25 meeting (detailed in the minutes of that meeting). 7. ADMINISTRATOR AND STAFF REPORTS A. Engineer's Preliminary Report on Watermain Feasibility Study ~... .. . . REGULAR CITY COUNCIL MINUTES May 8, 1995 - PAGE 3 Dresel explained that the watermain feasibility study looked at a number of issues, determined the most viable options, and was now in the process of obtaining cost estimates for those options. He indicated a good share of the watermain along Smithtown Road will be put into the boulevard. New trenchless technology is being explored for Howards Point. He indicated he will attend every Council Meeting with updates with a final draft in mid-June. 8. MAYOR AND COUNCIL MEMBER REPORTS There was Council consensus to reschedule the work session of May 17 to May 24. The work session scheduled for May 31 will stand as scheduled. Any residents with possible activities before the Planning Commission or City Council will be notified. There was Council consensus to schedule a mediation meeting with Ron Johnson and parties for June 7 at 7:30 p.m. Mayor Bean stated staff would like an indication of anyone planning to attend the League of Minnesota Cities Conference in Duluth as soon as possible. Mayor Bean acknowledged new plaques in the hallway of City Hall commemorating all past Councilmembers and Mayors who have served since 1956. 9. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS McCarty moved, Malam seconded to adjourn the City Council meeting at 8: 12 p.m., subject to approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . C:ITY OF SHOREWOOD RESOLUT:ION NO. 95- A RESOLUT:ION APPROV:ING :INTOX:ICAT:ING L:IQUOR L:ICENSE SUNDAY &: CLUB WHEREAS, the Shorewood City Code, Sections 403.05, 1300.01 and 1300.02, provides for the licensing sale of intoxicating liquor in the City and requires a license for Sunday sales; and 402.02, of the special WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a special "Club License" for the "on-sale" of intoxicating liquor and for a special license for "Sunday Sales". NOW, THEREFORE, BE :IT RESOLVED by the City Council of the City of Shorewood as follows: That a special Club License for the lion-sale" of intoxicating ~--, liquor and a special Sunday License for sales be issued for a term of one year, from June 1, 1995 to May 31, 1996, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Aoolicant Address American Legion Post #259 24450 Smithtown Road Shorewood, MN 55331 ADOPTED by the City Council of the City of Shorewood this 22nd day of May, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk Jt3Pt . . CITY OF SHOREWOOD RESOLUTION NO. 95-____ A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE INTOXICATING LIQUOR << SPECIAL SUNDAY SALES WHEREAS, the Shorewood City Code, Sections 402.02, 403.05,1300.01 and 1300.02, provides for the licensing of the sale of intoxicating liquor in the City and requires a special license for Sunday sales; and WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and WHEREAS, the completed an application, the issuance of a license and for a special license following applicant has satisfactorily and has fulfilled the requirements for for the "on-sale" of intoxicating liquor for "Sunday Sales". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "on-sale" of intoxicating liquor and a special Sunday License for sales be issued for a term of one year, from June I, 1995 to May 31, 1996, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Aoolicant Address Minnetonka Country Club 24575 Smithtown Road Shorewood, MN 55331 ADOPTED by the City Council of the City of Shorewood this 22nd day of May, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator #3B . ... . . To: Mayor and City Council James C. Hurm, City Administrator flA,1 Teri Naab, Deputy Clerk . IU~ From: Date: May 19, 1995 Re: Part-time Positions Per our memorandum dated May 4, it is our intent to hire two people as permanent, part-time clerical assistants to work a maximum of 20 hours per week, thereby allowing us the flexibility and coverage we need in a cost effective manner. Our first candidate we recommend for approval to hire is: Connie Bastyr 4241 Trail Ridge Lane Minnetonka, MN 55345 To date we have not found a second candidate, but will continue our search and report back to you when successful. Staff recommends that the City Council move to approve the two job descriptions for the part-time clerical assistants, and authorize the hiring of Connie Bastyr at $8.74 per hour with a six month probation period. Connie will begin work on immediately. Marlene's last day with us will be May 26. .3.~ position Part Time Clerical Assistant: Focus on Parks Obiective and Scooe Although this position focuses as park staff support, this person may be required to work on special projects or assignments, and other general clerical duties as defined by the Supervisor. When necessary, this position will also provide backup for the receptionist and other clerical positions. Relationshio Reports to: Executive Secretary/Deputy Clerk Essential Job Functions: 1. Assists the Executive Secretary/Deputy Clerk in performing duties and projects. . A. In the absence of a recording secretary to the City Council, take minutes for the meetings. B. Assists the receptionist with incoming telephone calls and refers callers to the appropriate department. Answers routine questions. Provides backup for receptionist during breaks and absences. C. Assists with issuance of various City licenses, permits, applications, scheduling, payments and mail. D. Assists in keeping central and property files with accurate, up-to-date records and assists in general filing when needed. E. Prepares and distributes meeting packets. Responsible for preparing the facilities for scheduled meetings. . F. Assists the Election Clerk with various election duties such as: absentee voting, registration, and clerical support. G. Assists in the maintenance of information in the property records database as directed. 2. Staff Support for Parks: A. Attends Park Commission meetings, records and drafts minuteS. B. Prepares and distributes Park Commission and Park Foundation agendas and packets. C. Provides Park Commission staff support and meeting follow up for the City Administrator, Public Works Director and City Engineer. -.,. ..~ Part-Time Clerical Assistant: Focus on Parks Page 2 of 3 D. Keeps records and files on all park information, park projects and proposals, and maintains City park related policies and procedures. E. Assists with budget preparation, implementation and monitoring. F. Coordinates the warming house rink attendant schedules and skating rinks usage. G. Coordinates with Minnetonka Community Education the use of fields for all events. 3. Performs other duties or assists with special projects as directed by the Executive Secretary/Deputy Clerk. REQUIREMENTS Education and Skills: . 1. Education - high school graduate. Some schooling beyond high school is preferred. 2. Knowledge of municipal office operations and filing systems. 3. Ability to handle public contact with tact and effectiveness. 4. Ability to maintain accurate and up-to-date records and complete reports. 5. Must be a proficient typist with speed, accuracy and good spelling and punctuation. 6. Should be a self starter being able to compose routine answers to correspondence. . 7. Previous experience with word processing and computer equipment is required. 8. Ability to work effectively and harmoniously with others under a minimum of supervision with varying demands. 9. Must become familiar with all aspects of the administrative office duties to be able to fill in as work load adjustments are required. " . Part-Time Clerical Assistant: Page 3 of 3 Focus on Parks Physical Demands: 1. While performing the duties of this job, the employee is regularly required to sit, talk, see and hear. The employee frequently is required to use hands to finger, handle or feel objects, tools, or controls and to operate a variety of office equipment. The employee is occasionally required to stand, walk, reach with hands and arms, climb or balance, and stoop, kneel, or crouch. 2. Employee must occasionally lift and/or move up to 25 pounds. 3. Specific vision abilities required by job include close vision and the ability to adjust focus. The physical demands described above represent those that must be met by an employee to successfully perform the essential functions of this job. .Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work Environment: 1. The work environment is that of a typical office. 2. The noise level in the work environment is moderately noisy on an occasional basis. 3. Office equipment typically operated includes telecommunications systems, computers, dictating machines, calculators, typewriters, and collators. The work environment characteristics described above are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable .individuals with disabilities to perform the essential functions. t"_ ' ""'-.;1 position Part Time Clerical Assistant: Focus on Public Works/Engineering and Recycling/Environmental Areas Obiective and Scooe Although this position focuses as Public Works/Engineering support, this person may be required to work on special projects or assignments, and other general clerical duties as defined by the Supervisor. When necessary, this position will also provide backup for the receptionist and other clerical positions. Relationshio Reports to: Executive Secretary/Deputy Clerk Essential Job Functions: 1. Assists the Executive Secretary/Deputy Clerk in performing duties and projects. . A. In the absence of a recording secretary to the City Council, take minutes for the meetings. B. Assists the receptionist with incoming telephone calls and refers callers to the appropriate department. Answers routine questions. Provides backup for receptionist during breaks and absences. C. Assists with issuance of various City licenses, permits, applications, scheduling, payments and mail. D. Responsible for keeping central and property files with accurate, up-to-date records and assists in general filing when needed. E. Assists in the preparation of meeting packets and preparation of facilities for scheduled meetings. . F. Assists the Election Clerk with various election duties such as: absentee voting, registration, and clerical support. G. Helps to maintain and update information in the property records database as directed. 2. Staff Support for Public Works and Engineering: A. Drafts and types letters, memorandums and reports for the Public Works Director and Engineer. B. Schedules appointments of Public Works Director and Engineer. Part-Time Clerical Assistant: Focus on Public Works /Engineering and Recycling/Environmental Areas Page 2 of 3 C. Provides secretarial and filing support. Maintains all records for department. D. Assists Public Works Director and Engineer in budget preparation, implementation and monitoring. E. Assists people requesting as-built information regarding City systems. 3. Recycling/Environmental Activities: . A. Reviews all correspondence regarding recycling and initiates appropriate response or action. B. Assists in coordinating recycling/environmental efforts and promotional activities within the City. C. Attends recycling meetings. 4. Performs other duties or helps with projects as directed by the Executive Secretary/Deputy Clerk. REQOIREMENTS Education and Skills: 1. Education - high school graduate. Some schooling beyond high school is preferred. 2 . . 3 . 4. 5. 6. 7. 8. Knowledge of municipal office operations and filing systems. Ability to handle public contact with tact and effectiveness. Ability to maintain accurate and up-to-date records and complete reports. Must be a proficient typist with speed, accuracy and good spelling and punctuation. Should be a self starter being able to compose routine answers to correspondence. Previous experience with word processing and computer equipment is required. Ability to work effectively and harmoniously with others under a minimum of supervision with varying demands. tI"'" *~... '. Part-Time Clerical Assistant: Focus on Public Works/Engineering and Recycling/Environmental Areas Page 3 of 3 9. Must become familiar with all aspects of the administrative office duties to be able to fill in as work load adjustments are required. Physical Demands: 1. While performing the duties of this job, the employee is regularly required to sit, talk, see and hear. The employee frequently is required to use hands to finger, handle or feel objects, tools,or controls and to operate a variety of office equipment. The employee is occasionally required to stand, walk, reach with hands and arms, climb or balance, and stoop, kneel, or crouch. 2. Employee must occasionally lift and/or move up to 25 pounds. 3 . Specific vision abilities required by job include close vision and the ability to adjust focus. . The physical demands described above represent those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work Environment: 1. The work environment is that of a typical office. 2. The noise level in the work environment is moderately noisy on an occasional basis. 3 . Office equipment typically operated includes telecommunications systems, computers, dictating machines, calculators, typewriters, and collators. . The work environment characteristics described above are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. . . CITY OF SHOREWOOD RESOLUTION NO. 95 A RESOLUTION APPROVING A SINGLE TEMPORARY GAMBLING LICENSE WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and WHEREAS, the City prescribes certain restrictions concerning eligibility for such licensing and application, whereby the licensee will hold the City harmless for all claims arising out of the granting of such license; and WHEREAS, the following applicant has met the eligibility requirements for such a license and has agreed to all terms and condit~ons of the agreement contained in the license. i NOW, ~HEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a single temporary license for the conduct of gambling as specified in the terms, and conditions of the license be issued to Minnesota Medical Foundation. Said raffle to be held on Monday, June 5, 1995 at the Minnetonka Country Club, 24575 Smithtown Road, Shorewood, Minnesota. ADOPTED by the City Council of the City of Shorewood this 22nd day of May, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator if: 3]) xUt1M4 T2~ Minnesota Lawful GambUn~!iAY I 2 l:~'- Application for Authorization for Exemption from Lawful GambHng License RII in the unshadfld portions of this application for flXemption and Nfi.m.iPandiAiicir=":r-;;;;;;m;;i)i0r:;~f!:!'bf"!g.~tfvity,,!~ I!.rocsssing. Ion Na~-L- 'S (ft t:t LG220 (Rev. ~) FOR BOARD USE ONLY FEE CHK INIT DATE I_I Slate IotN z~ code County . Game(a) Bingo Raffles Paddlewheels Ti boards Pull-tabs 0 I declare all information submitted to the Gambling Control Board is true, accurate, and complete. . Chief executive Otftcer'a SIgnIIture Date LOCc:d:t1'nito.fi~entACkitOUileagment:> I have AlC8iVed a copy of this application. ThIs appIlcaIIon wII be l8Viewecl by the GamblIng Control Board and will become eIfe<:tIve 30 days from the dale of recelpl by the clIy or c:ounIy. unless the local unl of government passes a resolution to speclfIcaIIy prohlbI the adIvIly. A copy of fhat resolution must be received by the GamblIng Control Board wllhIn 30 days 01 the dale IIIIed In below. CIIes of the IinIl class have 60 days in whIc:l1 to disallow the activity. CIty or County Township Township is City 01 oounty name Township name 0 organized o unorganized. SIgnature of person receiving application SIgnature 01 person receMng application 0 unincorporated. · Attach letter TIle Date received TIle Oate ReceIved This form will be made available in alternative format (i.e. large print. braille) upon request. .' Mail with $25 permit fee and copy of proof of nonprofit status to: Gambling Control Board 171 1 W. County Rd. B. Ste. 300 S. Roseville. MN 55113 White - Original Yellow - Board returns to Organization to complete shaded areas . . ~ - ... . . l\1EMORANDUM TO: FROM: DA1E: RE: FILE NO. MAYOR Robert Sean CITY OF SHOREWOOD COUNCIL Krisli Slover Bruce Benson Jenrnfer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 Mayor and City Council Brad Nielsen 19 May 1995 Sign Permit - Seasons P.D.D. 405 Sign Permits Pete Boyer requests approval of a permit for signage for his senior housing project known as the Seasons. He proposes to erect two, 3' + x 9', monument type entry signs, one at each entry to the project. The signs are shown on Exhibit A. The proposed sign plan is considered to be consistent with Shorewood's sign regulations, which allow area identification signs for projects with 20 or more units. The Code allows signs as large as 32 square feet in area to be located at street entrances to the project. Sign height is limited to eight feet. The proposed signs contain just under 29 square feet each and are only four feet in height. The proposed setbacks for the signs (6'), shown on Exhibit B, comply with the Code. Approval of the sign permit is recommended. cc: Jim Hurm Pete Boyer 3.t:. A Residential Community on Lake Minnetonka's Sourh Shore /d- '{oil MAY I 8 f995 . ,,/1/ !: <' ~-G.ASOHS.~16t.'1 MONUMENT . 2.~ oNE. at tAC Ii eH T~1'i"f. .' ..- ~NO L1qhHI'11 f<eq\JIl<5-D p~~ e~~dtlcxr~ ;?X~~77 .i i' [6~-~---- I ,-:------r . 1" i-- - - - - - - - r - - - - - - - - - - - - - - - - -- - 1- ! vr -l. ..' ....--- -.1-.-. ..- -- .n --, -- -.j. q-o t 1 f' ... ':0 '[erJ)I4N6I aN ~~T ON L'1 -(.- 6J:E. Y STl;J Mt-. CAp NO~MPtHO B~~- '=A~ AS "N f!L.DOi ~ c ;t I . ~QoNC. 11>""""- Fo<lHO...r'OH 7" _. .... _____0.....-0" .0' __~._.....__..._._ .... o_~. -;-:rv.A.' OH II o' _~l.<'p._r-(TL. . ':"... I.-!-I::".---., ~;b;{ A . I ~ -'--r . I ! i ~ . Ri. ~ ~.~. w \t. ; I I I , I ! . '-r _--L I tI. -: . . ., /' / I /"-' I I I I / I '" ....- - - " - -- -. _ _ 154 ...- " , \ \ \ \ . ! --'- . ~,~,<t- __.~__- I ....... ...... - \ \ \ \ '\ .r~A.-',,:r/A ,... 'S t- A~ J"F"e.uE'" ,./ 1\ c;. . tu1U . r-lfaC IE- ~ 1 "- " 4~ ~ \'\ /---\\ " /7 ~\ ~ / \ ~, \ - ~ ~ ~ ~ ~ ;z. ~ 1,~ . ' ...\ . ~ ~ "- 0,10 J ~;-l \~ "-... _ 15 f€::~ ~ v \ I '6 I~':[!: I I' itA I :D' . .~ .\ '4 '\ .... ' " -- \.... - . I l". . . CELEBRATING COMMUNITY COLLABORATIONS Minnetonka Community Education and Services and Minnetonka Schools BE Partners (Business Education Partnership Team) Invite you to a Celebration Breakfast and MCES Annual Meeting . Thursday, May 25. 1995 7:15 - 8:45 a.m.. Minnetonka Baptist Church 4421 S. Highway 101 Minnetonka, MN RSVP required by Friday. May 19 to Minnetonka Community Education and Services, 470-3450 * MCES Advisory Council 8:45 - 9:00 a.m. $S I ..- MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 . (612) 474-3236 :MEMORANDUM . TO: FROM: DAlE: RE: FILE NO. Mayor and City Council Brad Nielsen 18 May 1995 Heritage P.U.D. - Revised Development Stage Plan 405 (94.09) . The attached draft staff report (Attachment 1), dated 4 April, was forwarded to the Planning Commission for their 4 April meeting. Based on the issues raised in that memo, the matter was tabled to the 18 April meeting. Prior to that meeting, the developer submitted the revision shown on Attachment 2. The Planning Commission recommended approval subject to a further revision which would move the new cul-de-sac to the south slightly, in order to allow a 50-foot rear yard setback on Lot 2. The Planning Commission voted 5-1 to approve the revised plans, subject to staff recommendations. If the Council concurs, staff will prepare a new resolution setting forth the conditions of approval for both the concept and development stage plans. cc: Jim Hurm Tim Keane Joel Dresel Chuck Dillelrud A Residential Community on Lake Minnetonka's South Shore faA, -D-R-A-F-T- MEMORANDUM TO:. FROM: DATE: RE: mE NO.: Planning Commission, Mayor and City Council Brad Nielsen 4 April 1995 Heritage P.D.D. - Development Stage Plans . 405 (94.09) The Planning Commission has recommended approval of Concept Plan to City Council. City Council reviewed, directed staff to prepare a resolution - see attached Exhibit A. City Council referred resolution back to Planning Commission where it was tabled due to development moratorium. . The developer has submitted development stage plans - following is how revised plans conform with the proposed resolution: a. Record deed restrictions on Lot 10, Block 1 and Lot 1, Block 2 at time of fmal plat. b. Density - 1/40,000 (Code allows up to 10% more). Revised plan shows 23 lots, including the two existing homesteads (see Exhibit B). Density is consistent with P.D.D. requirements: 834,600 sq. ft. - 40,000 =20.87 x 1.1 = 22.96 Flattening the curve in the road may result in the loss of one lot (see Exhibit C). c. Final plans for required improvements (streets, utilities, etc.) to include pedestrian path. d . Wetland protection (1) Require 35' buffer strip (2) Require 15' setback from buffer strip (3) Require conservation easement over wetlands and buffer strip (4) Construction limits to be fenced off prior to any site alteration (5) Outlot B should not include wetland area except for small access easement (6) Surveyor to provide monumentation of wetland buffer strip e. The revised plans eliminate the 50' lakeshore parcel north of Edgewood from the plat and frolP density calcs. A->>~I\t I g. h. 1. J. . k. f. The proposed resolution suggests thatthe lots on the east end of the new road should comply with R -IA width, area and setbacks. Both lots meet or exceed width and setback requirements, but Lot 9, Block I contains only 30,000 square feet. Code only requires front and side setbacks to meet R-IA standard. Note: further lot area adjustment than Exhibit C, would adversely impact Lot 8 (7) with respect to configuration. Moving road to the south would adversely impact wetland area. R-IA setback (50' front, 50' rear, 10' side) will be maintained throughout the plat. Owner should swap land with property owner to the north (as shown on Exhibit C). According to owners representative, he is willing to trade. Except as needed to straighten lot lines, lots are not platted into wetland. Outlot B should be reduced to just the island plus an easement for access. The City Council has ordered a feasibility study for construction of a water tower, and main to serve the project. Plans show general location of tree clusters. Developer should provide detailed.tree inventory showing size, species and condition of all trees over 6". Inventory only areas to be disturbed by grading. Those areas which won't be disturbed must be fenced off prior to construction. As a condition of preliminary plat approval, the developer must submit a reforestation plan showing how larger trees will be preserved. The plan will be subject to approval by the City. A policy for tree replacement and landscaping should be developed in the next 60 days. 1. The developer has provided additional r.o.w. for Edgewood Road. m. Wetland easements will be required over WCA wetlands and proposed buffer strip. Recommendation 1 . Approve Concept Plan. 2. Revise preliminary plat similar to Exhibit C. a. Curve in street should be flattened. b. Lot lines should be perpendicular to street (radial to curves). c. Maximum lots should not exceed 1/40,000 plus 10%. d. Reduce Outlot B to island area plus 20'.access easement. Developer should provide plan for how island will be accessed. . 3 . Grading, drainage and erosion control plans to be reviewed and approved by City Engineer. The retention pond located in south end of Lots 6 and 7, Block 2 should be sized according to runoff calcs and designed to NURP standards. 4. Table request for two weeks, pending receipt of revised plans based on 2. above. cc: Jim Hurm Joel Dresel Tim Keane Chuck Dillerude -2- RESOLUTION NO. A RESOLUTION APPROVING THE CONCEPT PLAN FOR HERITAGE P.U.D. WHEREAS, Abingdon Development Corporation (Applicant) is the owner of real property located in the City of Shorewood. County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for approval of a Concept Plan for the construction of a residential planned unit development known as Heritage P.U.D., containing twenty-one (21) single-family lots on approximately 32.65 acres of land; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning. Commission dated 1 June 1994, which memorandum is on me at City Hall, and WHEREAS, the Planning Commission at its regular meeting of7 June 1994 recommended approval of a Concept Plan for the Heritage P.U.D., subject to conditions; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting of 27 June 1994 at which time the City Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the City Council from the Applicant and City staff; and WHEREAS, the Park Commission at its regular meeting of 28 June 1994, recommended that the City require cash in lieu of land as a park dedication requirement NOW, THEREFORE, be it resolved by the City Council of the City of Shorewood as follows: . 1. The Applicant's request for approval of a Concept Plan for Heritage P.U.D. is subject to the following conditions of approval as set out in the Planning Staff Report, dated 1 June 1994: . (c) (d) (e) (f) (a) Deed restrictions shall be recorded against Lots 1 and 13 stating that they will not be further divided. (b) This approval allows a density of one unit per 40,000 square feet of net buildable area (as opposed to a specific lot count), which will be based upon more detailed survey information to be provided in the Development Stage of the P.U.D. process. The proposed pedestrian access to the commonly owned island shall be developed with the site improvements, and clearly identified as being owned and maintained by the homeowner's association. Protective covenants for the P.U.D. shall clearly set forth provisions for protecting the wetlands (i.e. no dumping of yard waste, no fencing, no site alteration, etc.). The 50-foot lakeshore parcel shall be eliminated from the P.U.D. Lots on the east end of the proposed road shall comply with R -IA district standards (width, area and setbacks). EY."; hI t A . . (g) R-1A setback requirements shall be maintained throughout the P.U.D. (h) The Applicant should continue to negotiate with land owner(s) adjoining the "panhandle" of Lot 18 to swap an equal amount of land for the 50-foot strip. (i) Lots shall not be platted into the City's designated wetland. G) The City may require that the project be connected to the municipal water system. 2. (k) The Applicant shall submit a tree inventory and reforestation plan as part of the Development Stage plans. (1) The Applicant shall provide additional street right -of-way as needed to bring Edgewood Road into compliance with Shorewood r.o.w. standards (50' width) within its plat. (m) The Applicant must provide conservation easements for any Wetland Conservation Act wetlands outside of the City's designated wetland. City Council approval of the Concept Plan is subject to all applicable standards, regulations, and requirements of the Shorewood City Code, including, but not limited to the following: (a) Section 1201.04 Subd. 1. regarding the procedures for review and approval of conditional use pennits; (b) Section 1201.06, Subd. 3. regarding special procedures for the establishment of a P.U.D. by conditional use pennit; (c) Section 1201.25 Subd. 6.(b)(1) regarding the purpose of concept plan approval. Approval of the Concept Plan is not intended, nor does it act to grant approval. of a Development Stage Plan or Final Stage Plan.which are required pursuant to Section 1201.25, Subd. 6.(c) and (d). CONCLUSION 3. 1. The application of Abingdon Development Corporation for approval of the Concept Plan for the Heritage P.U.D. as set forth above is hereby approved. 2. Adopted by the City Council of the City of Shorewood this 8th day of August, 1994. ATTEST: Barbara J. Brancel, Mayor James C. Hurm, City Administrator/Clerk -2- . . LEGAL DESCRIPTION "That part of lhe North 924.61 feet of the East 214.5 feet of the Northwest 114 of the Northwest 114 lying South of the North 219 feet. Section 32, Township 117, Range 23, Hennepin County, Minnesota.. P.I.N. 32-117-23-22-o002 "That part of lhe Northwest Quarter of the Northwest Quarter (NW 1I~ of NW 1/4) of Section Thirty- two (32), Township One Hundred Seventeen (117) North. Range Twenty-three (23) West of lhe fifth Principal Meridian described as follows. to-wit: Beginning at a point in the North Line of tbe Northwest Quarter of the Northwest Quarter (NW 114 of NW 114) of Section TIUrty-two (32) which point is 214.5 feet West of the Northeast corner of said Northwest Quarter of the Northwest Quarter of Section Thirty-two (32); thence South parallel with the East line of said Northwest Quarter of the Northwest Quarter, 924.61 feet; thence East parallel witb the North Line of said Northwest Quarter of the Northwest Quarter, 214.5 feet to the East line thereof~..thence South along the East Line of said Northwest Quarter of the Northwest Quarter. 452.2 feet to ~e Southeast comer of said Northwest Quarter of the Northwest Quarter; thence West along the South Line of said Northwest Quarter of the Northwest Quarter of Section Thirty-two, 554.5 feet; thence East and paraUel with the North line of said Northwest Quarter of the Northwest Quarter, 100 feet; thence North and parallel with the East Line of said Northwest Quarter of the Northwest Quarter of Section 32, 435.6 feet to the North Line of said Northwest Quarter of the Northwest Quarter of Section Thirty-two; thence East along said North Line 240 feet (more or less) to the place of beginning, except therefrom a strip of land 12 feet wide, along the Northerly Line of said land above described, the North line of which is the North Line of said Seciton Thirty-two of land being now used as a public road as surveyed; and except that part of the South 425.86 feet of the North 437.86 feet of the Northwest Quarter of the Northwest Quarter of Section 32. Township 117 North. Range 23 West of the 5th Principal Meridian. lying West of a line drawn South parallel with the East line of said Northwest Quarter of the Northwest Quarter from a point on the North line of said Northwest Quarter of the Northwest Quarter distant 214.5 feet West from the Northeast corner of said Northwest Quarter of the Northwest Quarter. and lying East of a line drawn parallel with and SO feet East, measured at'right angles. from a line hereinafter referred to as Line . A .., said Line . A" being described as follows: Commencing at the Southeast comer of said Northwe.',t Quarter of Northwest Quarter a distance of 554.5 feet; thence North parallel with the East line of said Northwest Quarter of the Northwest Quarter a distance of 948.4 feet; thence East parallel with the North line of said Northwest Quarter of the Northwest Quarter a distance , of 100 feet to the point of beginning of said Line . A .; thence North parallel with said East line to said North line, and said Line .A. there ending.. P.I.N.32.117-23-22-QOO9 "Tract B of Registered Land Survey No. 1644. File of Register of Titles, County of Hennepin. · P.I.N. 29-117-23-33-0006 AND · An undivided 6n interest in the fonowing land: That part of Lot 4. Block' 2. Sampson's Upper Lake Park. lying West of a line drawn parallel with and J6 feet West measured at right angles from the East line of said Lot 4. Also, the lakefront and all tbe land lying between the Northerly or front line of said Lot 4 and of the vacated street lying South of and contiguous to said Lot 4 embraced between the extensions of the East and West lines of above described part of Lot 4, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said county.. P.I.N. 32-117-23-22-0012 "That part of the West 300 feet of tbe Northwest 1/4 of the Northwest 114 lying North of the South 300 feet thereof. except road. 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TO: FROM: DATE: RE: Planning Commission, Mayor and City Council Brad Nielsen 27 April 1995 Lundgren Bros. Construction - P.D.D. Concept Plan for Ledin/W artmanlMinnewashta School Property FILE NO.: 405 (94.05) BACKGROUND . Lundgren Bros. Construction, Inc. has requested concept stage approval of a planned unit development to subdivide approximately 75.4 acres of land, located north of Smithtown Road and west of the Minnewashta Elementary School (see Site Location map - Exhibit A, attached), into 33 single-family residential lots. The property is zoned R-IA, Single-Family Residential and consists of three parcels of land, oneuof which is occupied by a single-family home. The remainder of the property is undeveloped and contains 42.6 acres of designated wetlands. The developer's concept plan is set forth in a P.U.D. booklet (Attachment 1). Complete background on the site and the proposed development is contained therein. You will recall that the developer had requested a Comprehensive Plan amendment for the subject property in 1994. Incorporating other existing parcels into that proposal, the developer had proposed 38 new lots at a density of 1.3 units per 40,000 square feet of land area. Upon the City's recent preparation of an update to the Comprehensive Plan, it was determined that the density for the subject area should not be changed. Consequently the developer's plans reflect the current requirements of the Comprehensive Plan and Zoning Code. ISSUES AND ANALYSIS The subject property has undergone considerable review by the City as a result of the previous development proposal. Although much of the past discussions centered around the proposed density of the project, a number of issues were raised which are pertinent to any development of the site. Following is how the current proposal relates to the City's development controls. A Residential Community on Lake Minnetonka's South Shore ~lDB Re: Lundgren Bros., Inc. P.U.D. Concept Stage Plan 27 April 1995 page two B. A. Zonin~lanned Unit Development. 1. Purpose of P.U.D. In his P.U.D. booklet, the developer explains why planned unit development is the most appropriate way to develop the subject property. The staff report which evaluated the developer's previous request summarized the merits of the developer's proposal and the advantage of the P.U.D. approach to development of the subject property. Exhibit B contains an excerpt from the staff report, dated 30 June 1994. Although the density has decreased from the previous proposal, the advantages of planned unit development of the site are still relevant to the current proposal. 2. Residential Density. Planned unit development provides the City with greater control over development. In exchange for this, greater flexibility in lot design, setbacks, etc. is offered to the developer. In recognition of the advantages of P.U.D., the Zoning Code allows up to a 10 percent increase in density over that which is prescribed in the Comprehensive Plan. The developer has requested this increase and proposes an overall density of 1.1 units per 40,000 square feet. The calculations provided on page 70f the P.U.D. booklet are accurate. It is worth mentioning that this density is calculated after subtracting city designated wetland area and proposed street right-of-way. 3. Building Setbacks. One of the areas in which P.U.D. offers some flexi~ility is building setbacks. With the exception of front yard setbacks, the proposed . development conforms to the setbacks of the R-IA zoning district. The developer proposes that homes in the project would be as close as 30 feet from the street right- of-way. The developer points out that the lesser front yard setback allows buildings to be kept farther away from the wetland areas. While staff agrees with this concept, it is suggested that the setback be established as 35 feet, the same as the maximum height of buildings. To ensure that this flexibility provides enhanced wetland protection, the City should seek greater wetland setbacks on portions of the site. This will be discussed in greater detail later in this report. Comprehensive Plan Consistency. The P.U.D. provisions in the Code emphasize consistency with the Comprehensive Plan. Shorewood's recent Comp Plan Update affects the proposed development of the site as follows: . . 1. Land Use. As mentioned earlier in this report, single-family residential at a density of 1.1 units per 40,000 square feet is consistent with the Shorewood Land Use Plan. 2. Transportation. Early on in the Comp Plan review process, the concept of a looped circulation system for the area in question was discussed. The developer's plan presents a safe and desirable circulation pattern despite having to construct nearly 400 feet of street which does not create additional lots in the project. The easterly street entrance does provide for potential future subdivision of existing lots on Smithtown Road. Re: Lundgren Bros., Inc. P.U.D. Concept Stage Plan 27 April 1995 page three . 3. Natural Resources. The Comp Plan Update addresses two issues which affect the proposed development: 1) enhanced wetland protection; and 2) tree preservation, reforestation and landscaping. a. Wetlands. The Comp Plan recommends a higher level of wetland protection than what previously existed. In this regard it has been recommended that a setback from wetlands be established. Although an ordinance to that effect has not been completed, the Planning Commission has agreed that a 35-foot natural buffer be required. From that buffer an additional 15 feet of building setback has been recommended. As mentioned in A.3. above there is opportunity to increase this buffer area by at least 15 feet on several of the lots. Lots 23 through 31 have ample depth to provide this enhanced wetland protection. The proposed 35115' wetland setback also extends to those wetlands protected by the Wetland Conservation Act (W.C.A.). The only place this appears to present a problem is on Lot 6. As can be seen on Exhibit C, insufficient room exists on this lot to accommodate the wetland setback. Since some wetland mitigation will be necessary due to the street crossing the wetland, some thought should be given to reworking the lot design around this wetland. . A concern related to wetlands which was raised in the previous development request has to do with development of the peninsula located in the northwest comer of the site. Having walked the site with the City Engineer and Planning Commissioner Lizee, there appears to be very adequate room for two building sites, even after the 35115' wetland setbacks are applied (see Exhibit D). The developer has revised his plan to provide access to these two lots via a shared driveway, rather than a private road as previously proposed. This eliminates the need for a minimum 20-foot wide street and turn-around. It is recommended that the Planning Commission make an attempt, either individually or as a group, to walk the site. Following are some suggestions as to how concerns over development of the peninsula might be mitigated: (1) Require a detailed and significant landscaping plan which breaks up the mass of the two homes. Plant materials should compliment existing wetland vegetation. (2) Require setbacks that reflect the location of homes as illustrated on Exhibit D. Ample room should be maintained between the structures. (3) Move the driveway away from the northerly wetland edge, keeping out of the wetland setback area to the extent possible. (4) Consider a 25 percent hard cover limitation, similar to shoreland zoning requirements. Re: Lundgren Bros., Inc. P.D.D. Concept Stage Plan 27 April 1995 page four b. Tree Preservation/Reforestation and Landscaping. The developer's P.D.D. booklet suggests that tree removal will be minimal. As part of the development stage plans, a tree inventory should be submitted showing all trees over 6" caliper which will be removed due to construction activity. The inventory need not include areas where construction limits will be fenced off. Tree removal within building pad locations on Lots 11, 12, 13, 16, and 17 should be shown despite the custom grading proposal for these areas. In addition to entry landscaping, the City should determine how many new trees should be required for new lots. . Although landscaping efforts typically focus on the street side of the homes, consideration should be given to rear yards abutting the wetland areas. Trees planted in these areas would go far in softening the view of homes along the wetland. 4. Community Facilities. This element of the project has been discussed with the City Engineer. Although a separate report will not be prepared as part of the concept stage review, he raises the following issues: a. The proposed phasing of the project from west to east takes into account that the proposed water tower will not likely be built until 1996. Presumably, relatively few lots will be occupied this year and the tower would be in service by the second phase of the project. . b . Water main must be extended along Smithtown Road from Cajed Lane to Cathcart Drive, then northward to serve the development. The City must decide whether this work should take place on the north side of Smithtown or the south side, taking site alteration and lot services into consideration. . c. The connection to the sanitary sewer will take place approximately 500 feet west of Cathcart Drive on Smithtown Road. While room for construction appears adequate, plans should address construction measures (e.g. use of a trench box) to avoid encroachment into the wetland. d. The developer suggests that the City's proposed water tower be moved approximately 300 feet to the east on the school property. While keeping it as far from individual lots as possible has considerable merit, there may be some additional cost in doing so. Also, access to the tower site poses a concern. It may be possible for a narrow gravel drive to be extended from the north end of the school parking lot. If feasible this would be more desirable than constructing an access drive between two lots in the proposed project. Relocation of the tower must be approved by the School District. e. Although a final decision has not been reached as yet, a consensus of the Council appears to favor the proposed $10,000 per lot connection and trunk charges which have been suggested for new development. Thirty-two of the proposed lots would be subject to these charges, while the lot with the existing home would be subject to a $5000 assessment only. . . Re: Lundgren Bros., Inc. P.U.D. Concept Stage Plan 27 April 1995 page five f. Consistent with the Comprehensive Plan, the developer proposes that any required storm water retention ponds will be designed to N.U.R.P. standards. RECOMMENDATION Issues raised in the preceding suggest that certain details of the P.U.D. must still be worked out. That is the purpose of the concept stage review. These issues are all considered resolvable. It appears that the proposed development is, or can be made to be, consistent with the Shorewood Comprehensive Plan and the current Zoning Code. As such the Concept Plan should be viewed favorably. It is strongly recommended that the Planning Commission make an attempt to field check the site, particularly the peninsula area but also the wetland area in the vicinity of Lots 5 and 6. cc: Jim Hurm Joel Dresel Tim Keane Ceil Strauss, DNR Terry Forbord Marc Anderson John Uban ... '. '- 1 ,~ ;h ~l! ., e ~">a;; q I' _.....L.._:--_'..._'J~:,.; g' } tl. ~ ~P~";;:"I"~-r-l."-I;;-'''''~~)}'.;I\ / '% _.. . .". ~ ..", i~ ~~ ~ : ~: loa "~'..- /,~' '~;?1;/ <" "~,' / lit'..' __ ;1:: . c':,!, .. 4:::,,':0: b: ;~~ --.' '1:' .~}.~.;~!., .~""i "','.,~' 1!>f.,'" __ .~ oil ' : ".- ," '.:; - - ~ ';:' -;;; - '";" ," 'c.. 0.: !~!: .: l ':!'~ -:! ! ~ 'o;'j-';.. ~ ti . ',"'l.>;"-:; . 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'E" ..,.-- p. : . <II '\';,...., ,7 .......ot-SOllVMOH.-:l::....-~ 1'" -~.. l lilt., ,-",'t ".~' .,. " . " . ~. -- " . . .... ,., , ," I I '--,c, l ...-" ""U~ ';'":" -~ ,. ..'<.. ; _, "., ~ ' <.!,;. f \~ I i 'I _ _ _~ ..~_ _ . n ~.. :' ~ _~) ~ ,... ~ ~ \ ~ ~:. .. ~.. 1\- --_(few . C'\! ----- Iii .~ tc!!!- i .,...----,~~ ti" ~~fJ I .", O/lf $7~ ..,.~... "-... . ~...l , H ': Il!!ll - @lil . . ~ . Cl .~...._= ~ \n ~ .c ~ a.. o Z ~ Exhibit A SITE LOCATION Lundgren Bros. P.U.D. ill. MERITS OF THE PROPOSAUADVANTAGES OF P.U.D. The developer presents a number of reasons as to why his proposal is justified, several of which have considerable merit: A. Assemblage of Parcels. This is perhaps the most significant benefit to the . community. One of the most common complaints generated as a result of new development is the disruption caused by construction - initially the grading, street and utility construction, then the building of homes. If the subject. sites were developed individually, both types of construction activity could occur at three different times. Developing the three larger parcels and including the three homesites on Smithtown Road maximizes the continuity of lots within the development. Developed individually, more undesirable lot configurations would undoubtedly result. It should be noted that the middle parcel (Wartman) is virtually impossible to develop without one of the large adjoining parcels. . Re: Lundgren Bros. Construction Comp Plan Amendment 30 June 1994 B. Circulation. The proposed looped street pattern is consistent with the concept for the area discussed in the Comprehensive Plan Update. The developer suggests that, done individually, the sites could end up with separate cul-de-sac streets or private drives on Smithtown Road. While this may be true in the short term, the City can still achieve the loop pattern through official mapping and the subdivision approval process. Doing it at once, however, is far more desirable than a piece-meal . approach. C. Neighborhood Unity. There is an advantage to a unified neighborhood as suggested by the developer. All lots are developed under the same rules and covenants and all buyers are aware of the location of surrounding building sites. D. Wetland Protection. It must be noted that ShoreV/ood's Wetland Code protects those wetlands designated by the City. The Wetland Conservation Act of 1991 (WCA91) protects additional wetlands not previously identified. What this development does is prevent an attempt to develop the strip of land along the south side of the large wetland, adjoining Smithtown Road. It could be possible to force two lots where the dry land swells into the wetland. Better to leave this strip undeveloped by allowing somewhat smaller lots within the site. For the above reasons, the developer makes as strong an argument as can be made for a planned unit development (p.U.D.) approach to the development of the subject site. Allowing credit for marginally buildable or otherwise undevelopable land to protect natural features is one of the key purposes of P. U.D. Exhibit B EXCERPT FROM PREVIOUS STAFF REPORT Dated 30 June 1994 / ~1: i:lU'l , .' I. II} __ I .../,. : \: (----71; f (1;1\ I \ j.. \ ; ~ll ~. /'./ \ ill . '1/1 ,.:, \i hi / j.. .,: ,// .~/ :,.: !I dl(l I / ('-.-,: . \j J 1! Ii \ I} (\1 II I ~ I oj !': ; \ '.. _ :! I \ \ : \ ........--.. Ii' .--...::::::--- . \... -- -- --. -- \ '---.. - - ..-) c:..-=. \~- -- -- -- "57.3 w -- - ---- - ~".t) -..",,- --.... -........-- -- -- .._.~-... ---- .....--.- .-'~ -' ----,...- ----. /' ....--- / ""-..'-... .....--- - ,r..... -' --- --- --- - "-'. ri' "0- ~~.~.~..... t.,.. / I ", '~..", I , '''1 .:./ "../'. -- ,/ // - .' ~,. /- - --...., '. ". > " '. ~. "y ---- - "") ; / .' i , -' --- ., j / , /' /" .,' / ,"" /' -' -- -,--' ,.-' " \ . ,/" --- \"LA ~,.J -"-"- ::~ :~:) // '.. .' ...... .' . ... /' . ._-~ -/... ,/ /. I ^ cr- ~f)._._- ---' ..' ~-V / ,../' ", --- ..-'-- .' . ~/ /'/':.,.~ .../','0--.... -.-...... " ________ ._,/,// ./.___. .t.~. / /./........: .,-" .-- -- ~ I -.,--' ~. / // /", .... .......--- /' I /' // ...... ,-/ "- - -' -- , ........ ..,/" .....-- ........ /' ~.... -- ~ ,...-' ~ -....../ ---- --- ~:...../ --- --., / /---" .- ,.,.;,--/,/ l'''''' ..- ------- ~- :/ ,/ 00r : " t'....:'..~~.'-B--=+:._:.~.;....g~::: .' ..........._.. -'.:z.' ._...\mm.::........._._ . ~~;~-';' ---.; , -" ..... ....... ..~.._ ~7..- ~j t~.. ..... //... / .~ ~ - ~ -' "", =' . ~e .~L ; o ~ Of I "":j 1) ..... ,~ 1) c:: \. ] 1 .7 Exhibit D PENINSULA LOTS I"~ . -" .- LEDIN/W ARTMANIMINNIW ASTA SCHOOL PROPERTY . PLANNED UNIT DEVELOPMENT (p.U.D.) ~ENERALCONCEPTPLAN . A#, I RESIDENTIAL PLANNED UNIT DEVELOPMENT GENERAL CONCEPT PLAN FOR LEDINIW ARTMAN/MINNlW ASTA SCHOOL PROPERTY OF SHOREWOOD, MINNESOTA . PREPARED FOR THE PLANNING COMMISSION, PARK COMMISSION AND CITY COUNCn... OF SHOREVVOOD,NITNNESOTA . Submitted by: Lundgren Bros. Construction, Inc. Builders of Quality Neighborhoods 935 East VVayzata Boulevard VVayzata, Minnesota 55391 April 4, 1995 TABLE OF CONTENTS I. DEVELOPMENT TEAM II. INTRODUCTION ill. GENERAL STATEMENT OF CONCEPT A. Location B. Legal Description C. Zoning D. Comprehensive Plan E. Project Description F. P. U.D. Criteria G. Site Utility Availability and Service . IV. TENTATIVE STAGING V. FINANCIAL CAPABILITY VI. NATURAL RESOURCE ANALYSIS VII. WETLAND MITIGATION AND ENHANCEMENT Vill. TREE PRESERVATION IX. COVENANTS AND HOMEOWNERS ASSOCIATION X. ROAD SYSTEM . XI. DEVELOPMENT FLEXIBILITY XII. MONUMENTATION AND SIGNAGE Xill. CONCLUSION XIV. REFERENCES (Separate Submittals) A. Wetlands Report Residential Planned Unit Development Concept Ledin/W artmanlMinniwasta School Property, Shorewood, Minnesota 3 1. DEVELOPMENT.TEAM The developer of the Ledin/Wartman/Minniwasta School Property is Lundgren Bros. Construction, Inc., a Minnesota corporation located in Wayzata, Minnesota. The Lundgren Bros. tradition has been synonymous with quality neighborhoods throughout the Twin City Metropolitan area for 26 years. Some neighborhoods developed in Shorewood by Lundgren Bros. are McKinley Place, Near Mountain, Sweetwater, and Shorewood Oaks. The development team is coordinated by Terry Forbord, Vice President. Consultants . Planner: The site plan designed by Dahlgren, Shardlow, and Uban, Inc., located in Minneapolis, Minnesota Engineer: The plat and public facilities engineered Schoen and Madson, Inc., Minnetonka, Minnesota Surveyor: Site surveying by Schoen and Madson, Inc. Wetland Biological Analysis: Regulated mitigation Svoboda Minnesota wetland permits, delineation, and monitoring by Franklin J. and Associates, Shorewood, . Soils Engineering and Hydrology: Braun Intertec Corporation, Mendota Heights, Minnesota Market Analysis: Preliminary market analysis by Conhaim & Associates, Minneapolis, Minnesota Legal: Hugh Maynard, Leonard, Street & Deinard II. INTRODUCTION LundgrenBros. is proposing to develop approximately 76.5 gross acres of land located at the intersection of Cathcart Drive and Smithtown Road. The property has a distinctive single family characteristic, and lies generally north of Smithtown Road and west of Minniwasta School. Residential Planned Unit Development Concept LedinlWartmanlMinniwasta School Property, Shorewood, Minnesota Lundgren Bros. has been developing quality neighborhoods throughout the west metro suburbs for over twenty years. Lundgren Bros. strives to create neighborhoods that express uniqueness within the community while supporting the natural qualities of surrounding neighborhoods. Their subdivisions also reflect the extreme care taken in working with the natural environment and using the natural characteristics of the area to create a distinctive neighborhood. 4 This approach to land development taken by Lundgren Bros. assures the City of high quality homes in an area where individual remnant parcels may try to subdivide in a haphazard fashion with uncoordinated results. Lundgren Bros. is in the process of assembling three individual parcels to form a unified neighborhood. One is surplus property belonging to Minniwasta School and the other two are private residents of the area, Mr. Ledin and Mr. Wartman. Without this type of assemblage, high quality coordinated development would not be possible. Additionally, other properties in the area will benefit from the improvements because new public roads and utilities will be developed that can serve adjacent properties. In addition to the development, over a quarter mile of Smithtown Road frontage will be dedicated as private open space with preservation covenance$ to protect the natural setting all along Smithtown Road. Overall, the process will develop a very environmentally sensitive and pleasing addition to the City of Shorewood. . We have carefully studied the development constraints and have reached the conclusion that the best possible arrangement of open space, utilities, road access and coordinated planning of many different parcels should take place through a P.D.D. process. This allows for clustering and adjustment oflots due to the irregular shapes and configurations of parcels, and adherence to environmental restrictions for subdivisions. Additionally, the site is primarily open pasture and does not presently contribute to the wooded character of the community. In fact, we anticipate that many trees will be planted on the site after development. . Upon reviewing the Lundgren Proposal, we invite you to visit other Lundgren developments and speak with the communities in which they are located. Lundgren Bros. constantly strives to successfully build neighborhoods that strengthen surrounding neighborhoods and provide excellent housing in each of its home communities. ill. GENERAL STATEMENT OF CONCEPT A. Location The Comprehensive Plan shows that the 76.5 acre parcel is shown as semi-rural in the 1981 and recently updated Shorewood Comprehensive Plan. Surrounding the property on the north and west sides are a significant amount of wetland that separates this parcel from adjacent neighborhoods. The neighborhood to the west is low density, with 20,000 square foot lots, while the neighborhoods north of the Residential Planned Unit Development Concept LedinlWartmanlMinniwasta School Property, Shorewood, Minnesota 5 wetlands are semi-rural lots adjacent to Lake Minnetonka. To the east is Minniwasta School, with its large holding pond and proposed water tower adjacent to the site. The southern edge of the property abuts Smithtown Road at several points where access for a public road loop can be constructed. A vast majority of the area along Smithtown Road will be held in permanent open space to protect the general character of Smithtown Road and adjacent neighborhoods to the south. B. Legal Description (See Attached) C. Zoning . The property is zoned R-IA with the density of 40,000 square feet single family lots. The Planned Unit Development is based on that zoning with flexibility allowed in the zoning ordinance. D. Comprehensive Plan The subject property is guided semi-rural with a density of 1 unit per acre (40,000 square feet). The Lundgren proposed single family develoPnIent will produce a density of approximately 1.1 units per acre. In order to accomplish this through the P.U.D. process, we request the 10% density increase allowed in the P.U.D. Ordinance. There are several reasons why this makes good sense for this specific group of properties. 1. TheP.U.D. allows a creative planning process to take place to join together and assemble separate parcels that would not normally develop as a unified neighborhood. This will make the development more efficient for the City to serve and at the same time provide for the spacious character that the City already enjoys. . 2. Open space of over 4 acres of upland, which is 15% of the net developable land, will be kept as open space in association with the wetland in the most visible parts of the property. This open space will be concentrated along Smithtown Road and upland areas within the wetland system. These very attractive areas will have a significant impact on maintaining the spacious character of the city and assuring existing residents that the natural amenities of the area will be protected. 3. The proposed change in density will not negatively impact the overall density of the City. The 1.1 units per acre is well within the average density of the City and supports the consolidation of development so that the surrounding environmentally sensitive areas will be maintained and preserved for the enjoyment of the whole community. Residential Planned Unit Development Concept LedinlWartmanlMinniwasta School Property, Shorewood, Minnesota 4. The proposed P.U.D. is in an area of transition next to the Minniwasta School . with its large buildings, parking lot, and field activities. The school also has a very large, open storm water storage basin used for water retention for the school parking lot adjacent to the proposed subdivision: The ~torage basin is larger than necessary and may have been used in the past as a sewage lagoon from the Dayton Farm Era. The city is proposing a new water tower on the school site to complete the public water system for adjacent properties. The subject property contains a large amount of wetland open space (over 40 acres) that buffers adjacent areas. 5. The proposed subdivision will aide in protecting the environment by identifying and working with wetland systems not defined on the City's wetland map. These wetlands will be incorporated into the overall design and maintained for water purification and natural habitat. Furthermore, the lots will be selVed with a sanitary sewer, minimizing the potential impact on water quality in the area. The land is primarily unwooded except for rows of trees along property lines, which will be generally maintailled as buffers to adjacent areas. Trees will be replanted as part of a development creating an overall improvement to the tree cover for this area. Also, the farming activities, plowing of the fields and the application .of fertilizers, herbicides and pesticides will be eliminated through the reduction of runoff. Normal residential activity will take its place and soil erosion will be minimized upon completion of the built subdivision. 6. Lundgren Bros. continues to improve its building product as it develops land and builds homes. Through innovation and energy efficient design, Lundgren Bros. provides a traditional home that meets the modem criteria for energy efficient design. 7. Because the development is separated from Smithtown Road by several existing homes, most of the subdivision will not be directly viewed by many of the adjacent properties. Additionally, the land along Smithtown Road will be maintained as open space to buffer the long views of development. With the surrounding wetlands and the school property to the east, any sense of density will be well filtered through these existing conditions. This property stands on its own, separated from adjacent areas through natural features and property location. Any change in density from the existing 1 unit per acre to the proposed 1.1 units per acre will not have a negative impact on the overall community and neighborhood. 6 . . Residential Planned Unit Development Concept LedinlWartmanlMinniwasta School Property, Shorewood, Minnesota 7 E. Proiect Description The project consists of 33 single family lots. Two of the lots represent the Wartman homestead with the remaining 31 lots to be developed by Lundgren Bros. Lot sizes range from 21,000 to 55,000 square feet with lot widths ranging from 100 to over 200 feet in width. The plan creates a great variety of home site possibilities which encourages a diverse variety of home styles. Each lot will be developed to match the site with a choice of pre-designed models offered for this neighborhood or custom designed homes by Lundgren Bros. Each home will have a minimum two car garage with a wide driveway and major emphasis placed on walk-out and look-out basements where topography allows. . F. Development Summary . T otaI Acres City Wetlands Right-of-Way Net developable HOA, Common Open Space Net Density Number of Lots Lundgren Bros. Wartman Homestead Net Average Lot Size LotSize,~ossAverage Smallest Lot Size Largest Lot Size Lot Size Ranges 20,000 - 25,000 Square Feet 25,000 - 30,000 Square Feet 30,000 - 35,000 Square Feet 35,000 - 40,000 Square Feet 40,000 - 45,000 Square Feet 45,000 - 50,000 Square Feet 50,000 + 75.4 Acres 42.6 Acres 5.2 Acres 27.6 Acres (equates to 30.06 Shorewood Acres) 4.5 Acres 1.1 Units per Acre 33 Lots (30 Shorewood acres plus 10%) 31 Lots 2 Lots 36,432 Square Feet (Net developable + 33 lots) 99,528 Square Feet (75.4 acres + 33 lots) 21,235 Square Feet 55,950 Square Feet 4 Lots 9 Lots 8 Lots 4 Lots 1 Lot 3 Lots 3 Lots Proposed Building Setbacks 30 Foot Front Yard Setback 10 Foot Side Yard Setback 50 Foot City Delineated Wetland Setback 30 Foot Rear Yard Setback Residential Planned Unit Development Concept LedinlWartmanlMinniwasta School Property, Shorewood, Minnesota 8 Meandering wetlands present a variety of constraints to development, requiring unique approaches and mitigative efforts aimed at providing quality home sites while maintaining the integrity of the wetlands. No filling or alteration of City delineated wetlands are proposed. Measures such as conservation easements, reduced setbacks,- . road design, and private open space all contribute the environmental performance of the proposed subdivision. The range of lot sizes provides an opportunity to accommodate different home styles and price range. Besides offering the advantage of a highly varied streetscape, the mixture of home plans and lot sizes can help to diversity target markets. F. P.U.D. Criteria The Planned Unit Development in the City of Shorewood lists items that are . encouraged through the P.U.D. process. The proposed Lundgren Bros. development adheres to these and the density designated within the City's Comprehensive Plan. 1. The P. U.D. provides more efficient use of the land and provides for the conservation of sensitive areas. Although the land could be more efficiently developed without a loop road, the Comprehensive Plan states that developments provide loop roads where possible. 2. The development represents a high standard of design brought to the City by a complete and experienced team ofland development experts. 3. Transitional areas are incorporated into the design which include wetland and upland open space adjacent to surrounding areas. The proposed City water tower to be located on the elementary school site should be setback approximately 300 feet from any adjacent residential property to provide a good transition. . 4. The plan follows the natural topography of the area and enhances the site characteristics through the preservation of significant open space along Smithtown Road. 5. The planned subdivision combines rural agricultural areas owned by three property owners into a single development which provides for the orderly transition from rural to urban uses. Existing sanitary sewer is available for service to the subject property. Residential Planned Unit Development Concept LedinIWartman/Minniwasta School Property, Sh.orewood, Minnesota 9 6. There is a general efficient use of land because of the clustering and the variety of lot sizes to best use the street network and utilities planned for in the subdivision. However, approximately 1,000 feet of additional street frontage is needed to complete the loop system which does not directly benefit any lot. This surplus street construction is necessary to meet the Comprehensive plan requirements for a looped street. 7." The development is in hannony with the objectives of the Comprehensive Plan including land use, density, road system and open space. 8. The requested flexibility in the P.U.D. is to allow variation to the provisions of the standard Zoning Ordinance. This flexibility includes lot dimension, setbacks, and lot size as well as overall design characteristics. The plan matches into lot sizes where it abuts existing single family. . Through the departure from the strict application of required setbacks, yards, lot sizes, and other minimum requirements and performance standards associated with traditional zoning, this Planned Unit Development can maximize the development potential of the land while remaining sensitive to its unique and valuable characteristics. G. Site Utility Availability and Services . Sanitary Sewer Sanitary sewer exists along Smithtown Road. The connection to the sewer would be made about 500 feet west of Cathcart Drive to provide elevations necessary to service the proposed lots. Water Service Existing 16 inch watermain is stubbed from the intersection of Smithtown Road and Cajed Road at the southwest comer of the subject property. This waterline will need to be extended approximately 1,350 feet easterly along Smithtown Road before actually entering the property for service to the developed lots. No lots are proposed with direct frontage to Smithtown Road and the open space will not need water service on the north side of Smithtown Road. The City is proposing to construct a water tower on the Minnewasta Elementary School site directly to the east of the proposed development. These plans have not yet been finalized by the City Engineering Department. Storm Drainage The storm run off for all streets will be collected by storm sewers and conveyed to several storm water management basins. These basins would be designed to meet NURP standards and would provide treatment and rate control of the run off prior to Residential Planned Unit Development Concept Ledin/W artman/Minniwasta School Property, Shorewood, Minnesota 10 discharge into the City wetland. IV. TENTATIVE STAGING Lundgren Bros. intends to develop the project in phases. Obviously, economic conditions may affect the actual time frame and areas of development. This sequence will most likely be driven by the location of utilities as they are brought into the property from Smithtown Road. Phase I will include the entrance road and open space system with approximately 15 to 20 lots on the west side of the property. The remaining lots will be developed in the second phase at which time the road system will be completed. V. FINANCIAL CAPABILITY . As the optionee, Lundgren Bros. intends to develop the subject properties as soon as all governmental approvals and permits are secured. Lundgren Bros. has successfully been a developer of residential neighborhoods in the City of Shorewood over the last 26 years and has never failed to perform any of its commitments. VI. NATURAL RESOURCE ANALYSIS The site is generally rolling with a large wetland covering the western and northern half of the property. The City wetland accounts for 42.6 acres of wetland. Also, 3.6 acres of Corps of Engineer wetlands are incorporated into presetVed areas within the subdivision. One of these Corps wetlands must be partially filled in order to complete the loop road system. Mitigation will take place adjacent to the impacted wetland. . Most of the upland area is crop land and pasture with a fringe of woods on the north facing slopes in the northeast portion of the property. This 2 acre strip of woods is generally maintained through the development of the road system. Homes will be custom located on each one of the wooded lots to minimize severe impacts to this wooded area. A few areas of slopes over 18% are found along the north east edge of the development. These areas are generally located in rear yards and are not planned to be significantly altered. VII. WETLAND MITIGATION AND ENHANCEMENT Franklin J. Svoboda and Associates prepared a wetland classification, identification, and delineation report in January of 1994. The report was based on a site examination October 13 and 14 of 1993. The Corps of Engineers wetlands, not included in the City wetland delineation are areas which drain into the main City wetland. These drainage areas exhibit wetland characteristics and are generally avoided in the proposed development design. One Residential Planned Unit Development Concept Ledin/WartmanlMinniwasta School Property, Shorewood, Minnesota 11 area of the wetland on the east side of the south east comer of the property must be crossed by the public road in order to loop the road through the property. An alternative to this is a 2,000 foot long cul-de-sac which would not cross this wetland. However, the City has indicated a desire to have the road looped. To mitigate for the impact to this wetland, additional wetland areas will be created in Lot 5 adjacent to the impacted wetland. This mitigation will be done at a 2 to 1 mitigation ratio and will be approximately 10,000 square feet in size. VITI. TREEPRESERVATION . There is a stand of trees as previously mentioned on the north east portion of the property. Overall, the plan is designed to preserve the maximum amount of these woods as possible to add to the value of each of the home lots and provide a naturalized edge to the wetland. Initially, just the road and utilities will be extended into the edge of this wooded area so that each of the homes can be custom sited to the lot. In the wooded area, the grading limits will be protected by snow fences to control incidental construction damage to trees. The remainder of the site is unwooded except for associated box elder and ash with fence rows and areas not under cultivation. Additional trees will be planted in the subdivision and at road entrances. Landscaping will also be added to cul-de-sac islands as part of the overall streetscape for the subdivision. . IX. COVENANTS AND HOMEOWNERS ASSOCIATION As in all communities created by Lundgren Bros. strict architectural and protective covenants will be established and recorded to protect the investment of each homeowner. The covenants will include the protection of wetlands and other sensitive natural areas. These covenants will further strengthen the preservation of the City's wetlands within this proposed P.D.D. A Home Owners Association will be created for the single family development to maintain the common open space and landscaped areas which include the entrance island landscaping, monumentation, signage, and cul-de-sac islands. X. ROAD SYSTEM The proposed development has over 1,700 feet of frontage along Smithtown Road. Primary access is proposed at Smithtown and Cathcart Drive. Because of an existing home exception . Residential Planned Unit Development Concept Ledin/Wartman/Minniwasta School Property, Shorewood, Minnesota 12 to the east of entrance road the entrance is slightly skewed to the west of the actual Cathcart Drive intersection. This is on the outside of the curve in Smithtown Road and a more perpendicular alignment of Cathcart Drive would align with the proposed road into the Lundgren Bros. subdivision. The proposed road is on a 50 foot ROW with a 24 foot wide road surface. Two short cul-de- sacs are proposed to reach into the northeast and northwest portions of the property. The cul-de-sacs are proposed with a landscaped island which will be maintained by the Home Owner's Association. The main entrance to Smithtown Road will have a center island that is landscaped with entrance monument features that will be maintained by the Home Owner's Association. The proposed subdivision could be served by a cul-de-sac road system ofless than 2,000 feet .- in length. However, the City's Comprehensive Plan suggests when possible, a loop road should be provided for subdivisions. A loop road has been brought back out to Smithtown Road which has added 1,000 feet more street frontage and additional costs without the gain of any lots to the subdivision. Part of this loop connection runs down a 50 foot wide strip of land between existing homes out to Smithtown Road. The development proposal is to add new plant material within the 50 foot ROW to provide a more naturalized edge for this undevelopable portion of the loop road system. Two lots in the northwest comer of the property are accessed through a private driveway from the adjacent public road. The private drive system is designed to minimize the impact to the natural setting in this part of the property while giving access two homes. The two cul-de-sacs proposed in the subdivision contain center islands which are planted to help break up the large expanse of asphalt that is found in typical cul-de-sacs. This tum- . around gives direction to traffic movement within the cul-de-sac and reduces the visual appearance of the garages clustered around the cul-de-sac. Even though the island will be maintained by the Home Owner's Association, the planting plan clusters the larger trees to the center which give ample snow storage around the perimeter of the island. This center island can be used to facilitate snow removal by storing snow in the center of the cul-de-sac on the island itself Other communities have found this to be a useful snow plowing method which eliminates plowing all of the snow to the outside perimeter. These cul-de-sac islands are a very important part of Lundgren Neighborhoods and add significantly to the character of the subdivision. XI. DEVELOPMENT FLEXIBILITY Lundgren Bros. requests that the development be processed using the City's P.U.D. Ordinance. Because of the unique characteristics of this site and Lundgren Bros. desire to create a unique neighborhood, the P.U.D. process is the most appropriate method for the City of Shorewood to use with the applicant to develop the best plan and development standards . Residential Planned Unit Development Concept LedinIWartman/Minniwasta School Property, Shorewood, Minnesota 13 for this assembled grout> of properties. Because of Lundgren Bros. desire to protect the large City wetland complex and work with the interior natural features of the property and adjacer.t 1.and uses, the flexibility within the P.U.D. offers development and neighborhood benefits both for the City and future residents of the subdivision. . With the street design some flexibility is being requested. The standard City street of a 50 foot ROWand 24 foot wide pavement surface is proposed but with entrance islands, monumentation, and cul-de-sac islands. A private driveway for access to two lots is also requested. This access combination minimizes environmental impacts while providing reasonable utility of the property within the density designations in the City's Comprehensive Plan and Planned Unit Development Zoning Ordinance. Setbacks to homes is another area offlexIbility. We are.proposing 30 foot front yard setback and 10 foot side yard setback. This allows the clustering of homes a little closer to the road system which helps maximize the open space within the development. This provides not only room for wetlands but also increases the ability to associate the wetlands with more protective upland areas. This proposed street system and setbacks also helps minimize the amount of grading on the site and need for additional ponding. . Although the average lot size in the development is 36,432 square feet, (excluding public roads and City wetland), we are looking for flexibility in the variety of lot sizes within the subdivision. The R-IA zoning for this area requires 40,000 square feet and the 10% density credit in the P.U.D. would reduce the required lot size to 36,000 square feet on average. Through the use of a variety oflot sizes the plan can match the terrain and natural setting for each home. Accumulation of protected upland areas to be associated with the City's wetland areas and natural area along Smithtown Road provides for the most efficient and environmentally sensitive lot layout for the area. Without the P.D.D.; without assembling the 3 different parcels; without combining areas into open space; or without a connected road pattern for the area development would be much less efficient. XII. MONUMENTATION AND SIGNAGE Professionally designed and landscaped monuments will be provided at the main entrance to the P.U.D. neighborhood. A smaller monumentation marker is proposed at the secondary entrance, which will include all monumentation and landscaping within the ROW. These elements of monumentation and signage will be consistent throughout the neighborhood. The design team has taken advantage of the creativity that the P.D.D. Ordinance allows to design a neighborhood identity that blends well with the natural surroundings. All monumentation shall be owned and maintained by the Home Owner's Association and shall be consistent with the quality of the monumentation found in other exclusive Lundgren Bros. neighborhood communities. Residential Planned Unit Development Concept LedinIWartman/Minniwasta School Property, Shorewood, Minnesota :xm. CONCLUSION The proposed plan strives to meet the goals and objectives of the City of Shorewood's Comprehensive Plan for housing development and environmental performance. The ability to assemble the three properties and complete a unified neighborhood through the P.U.D. process with careful attention to environmental elements of the site will bring another high quality Lundgren Bros. neighborhood into the City of Shorewood. . 14 . . '" ~' .:~ !- ~ -:~ .s ~ ~o!z ..~ "', -"-'''-''-'''-''-''i~~: ~ : ~.ri z I - - ...-c · .E-c : fI.l ...-c ~ .~ ~ ~. ! \ ! " --,.... \ ::::!&-, '....~-:--. ~ ~2~ ,." J~, ..J., ~"'" " j~ .".' s s ........... ~ .........,- ~9 i . . . -9 , ~ --..- ~r! ~t> ~ M ~~ ./1 \' I I ~ ~. I --LJ to /' '\ i en w i= Ii 0:& lEd' U i i i -I \... /' ~llIi ~ tmJ Ilrii! ~r--. ,.... ~d ~ iil,iI ~ =; '," ;...1 ..!f I ~~! ~... I ""\ ~ 8 I ~ 8 a: m .. I ~ zll '\ S::I , r;:; ~# , 5 I Q g . \ ... . ..... ill(M . . ~ .. r----- I I I i I i J WETLAND OJf.W.L 929.4 ~ ~ " ..... ~ ~....:::-.~\.../ . .' //~l" ~. ,. .....:~-.~-..~,~ i '''1.'' , /. . ........\.....,"".~..<~~'l/~.~I" ..... -- _ ....... ...."~.~ i(, .. . . ..--.......,'~,~...._.',.'.I " " .....:..- .....' ........ ......~-:.:.."".-...~ '-- c:: -----------------, I ..., WETLAND -" __~__.' . , r-:....~__ _.... __'.. ._ _ _._ _ t' / I \ (U) } it=] --==- I . .'1 ~ '-"-'-, / '-7 ...... / / ( \ \ M.H, INV, ELEV, 9~_. .. o' - . . ". ", . "-' ,. ./ SITE CONDITIONS 4~ ....,..:~t, .\ ~p:,. n\J II i ;1\1' \: ~II\I\I)( ~)\\ ,\'\:I)-l 'R\'\ .\ ~:;.:\ .:~'t~~tl r,... 0' 100' 200' ~Oll' SCHOELL & MADSON, INC. ENGINEERS. SURVEYORS . P~ANNERS SOI~ TESTING. ENVIRONMENTA~ SERVICES IGSlO WAYZATA elWD. MIHNErONl!CA. MH. 55U3 t'f21 $<It-1.01 FAX: 54'-'0'5 SHOREWOOD PROPERTIES SHOREWOOD, MINN. C~IENT ~OCAT1ON LUNDGREN BROS. CONSTROCTION, INC. S.M.I. PROJECT NO, 60120-061 A LOT SUMMARY LOT 1 37,820 2 35,soo 3. 28,060 4 25,860 5 55,950 6 47,590 7 29,760 8 28,210 9 27,900 10 21,235 11 34,720 12 27,125 13 27,590 14 23.715 15 35,650 SHOREWOOD PROPERTIES SHOREWOOD, MINH. ., . ,. )1 \ .....;~....c;;: )/! I.....\._ - - -....... -" (.:J..P/;, I ....---~---~ ~ ---- "... . . --- .--~-- 36,432 S.F. 1.1 UN./AC. CONCEPT PLAN IlW-ILGRI~\I !SHARDlOW' J\NO'UMNI ----.-.- .'"Il ,.;-;-:;::;.;:'~ m I"U:olMJL'IM.f1.A,"",,"'" LA~Il" ~"""lfll:h ....UoQoI .."-..,,,Ul ,"'''''' ~:r~~ _ ~)"" .;,."...... 0' 100' 200' 7 MARCH,I995 SCHOELL Be MADSON, INC. ENGINEERS. SURYEYORS. P~ANNERS SO!~ TESTING. eNYIRONMeNU~ SERYICES 10510 W.YZATA .lYO. MIHMeTONKA. WN. 55'.' 1f121 SU-'!OI FA.: 5..I-tOIS ~OCA TION CUE.NT LUNDGREN BROS. CONSTRUCTION, INC. S.M.L PROJECT NO. 60120'081 A . .\ ~,? 9 ~~ 400' 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 26,660 24,180 25,110 30,690 34,100 45,570 32,395 31,775 31.785 23,250 26,350 30,380 31,000 36.785 51,770 51,IS0 WARTMAN I 45,725 2 44,485 . . c. MAY-01-1995 17:08 MTKA PUBL I C SD-OOLS 612 470 3432 P.01/02 ,. Fax Cover Sheet OA TE: May 1,1995 TIME; 4:10 PM TO: Teny Forbord FAX: 473.7401 FROM: Tom Serge PHONE: 470-3424 FAX: 470-3432 RE: Minnewashta Oevelopment cc: Jim Hunn, City ofShorewood FAX474-012B In reviewing the Proposed development plan for the Minnewashta site I have discovered the location ot the possible water tower has been changed. Originally the tower was to be located northwest of the existing settling pond. In the proposed drawing the tower is located southeast of the settnng pond. . This change appears to be in conflict with the district plans for expansion of the playground and creation of soccer fields and softball fields in that area. Attached is a sketch of the proposed site improvements we hope to implement in the summer of 1996. It appears a water 1Dwer In the proposed location coupled with the need for an access road would significantly limit site development The district has also discussed the purc.iase of a four acre site immediately north of the existing playground. Whire discussions with the property owner are currently on hold, it is possible an agreement might be reached at some point If that purchase does materiaJize the proposed location would place the water tower In the middle of the site. AdministratiVely we could not recommend to the school the water tower be located as proposed. We prefer locating the tower north of the proposed soccer field. Please call if you have questions. v'} CI'I " '. '. r '"-" < ", I ..' f ~ ../ /./ z_/'" f,J ~/f / ~ '. , ~ c0'd ~.LO.L ;' ~ 1+ ~ l:..J "1-: '-V~ ~ 0 ..... '. J c0Vc0'd C~P~ 0~p ct9 , ,,- r ..11 _ --........J ~ / 4 _ _..:::;..... _ ,"" r, .....;Ij ,. .. ...~_ - -" .,.~ ...r.Il ~ '...-'.,-"..,. -.--..t I' J .... ...~ ~". ~ I ""f")"'*'''' ~-....... \:. Ill, /'\ : I \ . ~ 1\1 . .-, III . '.' I" /, /. . I ../ . I I " . (,-.. .. 1.1' . '~.....,; II I t I . ,.. .J'. r~I'; I' Ii-! , , 1",Ii\ rr 1,1 / I .. "1' ,. 1 / . ! ljil".J I~l I'll,./, ' . I \11111.IS 0 ~ ~ ~ ",",'I "1\ . , ~ I "14\ I I ~J1 ~ l~i lill\: I \ i ~ @\['I. / i~ -r:! \ / '. I ~~471 ' J ~ ~ \,.: .. ...~,j ",'{U:'l / ( -' . - -~- I' I~I' I' . .____- II~:I...:'" I \~,.. ""$ "... , " :. too. I"i' I '1--, \ \: I /.,~~, \ I ~ I '- .....'-;-/, . ... )\\ ! e",,""f'j , 'L-/ : /l \ ~ \ ~ h\} W 11: 1 ~ ~l lJ L/ if I kP' ~ I ~4~ . \ I 'n r.. ~ ~ ,. t (1 ~'l1! : ..' ... ".~H... VI:/, ;. e"'CMCl>l~""'-:-"! r~ Ji .....~. ~" ':=-l ) i .,. !.. /:""0 ( ........'""1 .1 L . .... ~ - ..... /' l ~ . '-~ . " . ..........) . .........~.. . 1 \ { 1 .I.. \ P fZ. el.-l M , oJ"",... 'f &; I&.JII 1.7 I .., .... P'-""'N ,".,,.,1.." SlOOHOS JIlBnd ~~.LW . .' " ~I-l~ .... -.:....1'._.... ..or,..... . .. . . . ~ ...,. ",. ~ . s .~ r ~4.; . ~ "\ ... - I 80:~t S66t-t0-^~W c...... '>>' 4 ~~ . c....J .- . C'. \Lt '," CITY OF SHOREWOOD MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 J\.1EMORANDUM . TO: FROM: DAlE: RE: FILE NO. Pastuck, John - Discussion of Proposed Wetland Setback Requirements Property - 20345 Excelsior Boulevard Mayor and City Council Brad Nielsen 18 May 1995 . Mr. Pastuck wishes to informally address the City Council regarding the forthcoming changes to Shorewood's wetland regulations. You will recall that his request to vacate a portion of the wetland easement on his property was denied earlier this year by the City Council (see background information attached). The Planning Commission has recommended that Chapter 1102 of the City Code be amended to include, among other things, a required setback from all wetlands. A proposed amendment will be presented at the June Planning Commission meeting, establishing a 35- foot wetland buffer, plus a 15-foot building setback from the buffer. This is consistent with what has been recommended for the pending developments which are currently under consideration. Mr. Pastuck has already discussed this matter with the Planning Commission, the consensus of which was. that the wetland setback requirement was a key element of the Comprehensive Plan. They were also concerned about the buildability of the property. As mentioned in the November 94 staff report, staff strongly encourages the Council to view the property if you have not already done so. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. cc:. Jim Hurm Tim Keane Joel Dresel A Residential Community on Lake Minnetonka's South Shore fp~G, .. " PLANNING COMlVIISSION lVIINUTES May 2, 1995 . PAGE 4 2. DEVELOPMENT STAGE PLAN. HERITAGE P.U.D. - tabled from 04-18-95. Applicant: Location: Abingdon Development Corp. South of Edgewood Road approximately 700' east of Howards Point Road Chair Borkon announced the case. Nielsen indicated the preliminary plat had shown a sharp curve in the west end of the street. The Commission had requested the developer flatten the curve in the development and reconfigure the lots as buildable. Chuck Dillerud, representing Abingdon, demonstrated the curve had been flattened. He explained by taking two feet from each lot in the cul-de-sac, Lot 2 can be enlarged to meet the rear setback requirement. . Pisula moved, Turgeon seconded to recommend to the Council that it approve the Heritage P.U.D. . Development Stage Plan subject to conditions noted in the draft resolution approving the concept plan and recommendations from the staff memorandum dated April 4, 1995. Motion passed 6 ayes /1 pass. (Commissioner Rosenberger passed). Chair Borkon asked Rosenberger why he passed. Rosenberger indicated he chose not to vote. 3. DISCUSS WETLAND SETBACK ISSUES Applicant: Location: John Pastuck 20345 Excelsior Boulevard Nielsen indicated Mr. Pastuck had requested the opportunity for an informal discussion with the Commission to determine any options available to him to allow a subdivision on his land located at 20345-47 Excelsior Boulevard. In November 1994, Mr. Pastuck asked the City Council to vacate a portion of a wetland conservation easement on this property. The City Council refused as there was no public purpose. Mr. Pastuck has since been trying to design a house which will comply, fit on the site, and meet the 30 foot wetland setback. He did design a house that would work but now the wetland setback has been increased to 50 feet and the house no longer complies. Mr. John Pastuck, 20345 Excelsior Boulevard, indicated he originally purchased the property in 1987. He built a twinhome on the land with the intention of subdividing the parcel to obtain a second single family lot. In 1992, he began plans to split the lot but became aware he was 1 % short of required lot size. In 1994, he approached the City Council to request a partial vacation of wetland conservation easement on the property. The City Council denied the vacation. He has since designed a house that will fit the lot, but it is designed for a 30 foot wetland setback and the City is now requiring a 50 foot setback. The Commissioners considered the request. They discussed the extreme slope of the lot and the criteria necessary for granting a setback variance request. The Commission directed Nielsen to explore the legal ramifications of this case with the City Attorney. Nielsen indicated this issue would be discussed at the next staff meeting. The Commission also advised Mr. Pastuck to delay purchasing additional property on the parcel. 4. DISCUSS TREE PRESERVATION ORDINANCE Nielsen indicated he had no matters for discussion at this time. . . APR 2 0 Jgg) 4/20/95 To:8rad Neilson From:John Pastuck Brad, Please put me on the agenda for May fourth planning commission. I VvOuld like to discuss my options concerning my property at 20345 Execlsior blvd. Thank you, :7' """: . . FI" ..."" . ~ ~ ; r-..... L..L ~ n i;r~ 4~:nce' COUNCI L Kristi Stover Rob Oaugherty Oaniel Lewis Bruce Benson . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: FROM: DATE: RE: FIT..E NO.: Mayor and City Council Brad Nielsen 23 November 1994 Pastuck, - Request for Partial Vacation of Wetland Conservation Easement ..~_.........._.-~--_..-.._.- ---.---.--. ..... Property - 20345-47 Excelsior Boulevard.._ --------_.~..._--_.- -----. --.. . ,- Mr. John Pastuck has asked that the City vacate a portion of the wetland conservation easement which encumbers his property at 20345 Excelsior Boulevard (see Site Location map - Exhibit A, attached). The easement was granted as part of a subdivision and variance request which was granted by the City in 1992. The area outside of the easement is slightly smaller than what is necessary to create one more lot on the property, which is what Mr. Pastuck desires to do. Exhibit B shows the existing easement and the area which Mr. Pastuck proposes to have vacated. Exhibits C and D are reports from Mr. Pastuck's consultants, explaining why there isa discrepancy between the easement which was granted and the actual wetland. As mentioned previously to the Council staff has concerns over the buildability of the property in question. Exhibit E shows the topography of the site. In addition to the significant amount of wetland on the property, the land drops off severely from Excelsior Boulevard. Mr. Pas tuck plans to locate a home in the northeast comer of the property where a small triangle of high ground exists. Several years ago he built a two-family dwelling on the westerly comer of the lot. The northeast comer is substantially smaller and the higher portion of the land is taken up by setbacks. As a result any home constructed on the site would be built on slopes ranging from 28-36 percent. Eighteen percent slope is considered severe. Staff encourages the Council to visit the site to see how steep it is. Setbacks from the wetland is another issue. Shorewood's wetland regulations do not currently require a setback from the edge of wetlands. This subject has been discussed at length as part of the Natural Resources chapter of the Comprehensive Plan Update. The new Comp Plan will recommend that such a setback be established, further restricting the buildability of the property. Criteria for the vacation of easements is provided in Minnesota Statutes 412.851. The statute specifically states: tr "No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice." A Residential Community on Lake Minnetonka's South Shore . '. Re: Pastuck, John Partial Wetland Vacation 23 November 1994 Given the preceding analysis it appears to be more in the public interest to protect the wetland than . to force a home onto an extremely marginal property. Therefore approval of the partial vacation is not recommended at this time. cc: Jim Hurm Tim Keane Joel Drese1 John Pastuck -2- , , / / / , / / I , , , /- . ",,~ ;/'.- :\ -: ~__-__---"f---- 10 ('34) .... 43 ..1 t.' .... 39 ~C- ( 2) ~- LOT 15 ~ ~ t II J ",>'- ~ I 3 ("3) , I . (20) ~ I 0 I ~ - o' I , 1!(24,) I I , .....135. g.....; SiC.::.... I , 11 2ZO I '20 It ;~( - - - ~~ I - -200- - - -. .... I ' '^' : I' . ~:1. ; I .~oI~,~:,\, I ,':1 "'~lll 'J; ...-:.... I ..;.'" 0 ~ ", I .~. _-~ t~.. S5 ( 22) 10 It ------------ I I I I I I I I , I I I I , I . I I , I I I I , I . I~ ,,~~---------------, _-..1 ,99003 . I V \ .. ~ , \ _. I \~-...., t.... -c. : :?_ '. "- ::0' , -.... '. (25) _. IO.~. '. , , .. , , , , , , , , ~ . ~ ~ NM" ~~o r:~" \~..~~' ~~. :"",,"l~.. ,~ ',' ~ ,...' I JI* f " : ;'~"".. ' I ~ " ,I' ~35: b<-', ,,' , I.r ..,.'" " I ",' ----------- " .... . ,,' . ' ,. ."",.- ,,' , ~O~ . "", _, Ii\) , - - - ~ l LOT 41 " . \ , " .... ...-- ,"" , ----~-~ /' " ---~ - ~\\ '. _ _ ~ - , c.' ,.f:/! . . 'I/' '-J .-.- .. ''1'~'~ .....u. II) It ...... :- ". :n I Cy--. .' ... ~ - ... ~ (~q) ~ LOT 48 :R / ,,'f I." ' ~O;i..'\ ~ r"~" l PART OF LOT 49 ( 10) ~t. ~ 140.a& (6) ~ ~:,~ ISIt O~.~ 247. S :'. 220 , , , , " , (4) " , '- " 45 , " '- , , , , , , , , , , ( 5) " " " .-' ....'....... d _ " ... ," ................. (6) (18) ..,.., II - ~ -w-To106':i -7j I". - -- ..~ .gg ~r. oRJ_ ~J ..." :, 31 (8) LOT 36 Lt'T 34 ~h,b.t " " " r~ 1"'" .'" _it> .,., :~ ..: ".,. ... North Nor to ~~ Profi>?e..J f?u'ddi~"/'1 .) "::) ,\ (. -' . ,... \ -reO' . l _.' .._ .__ . . oe:t.!rje:~ - f'. 1'.l:1~ ' I .' .." "" ".,'.' ,e, ' " , ,0" "'-' '-""'''''"'<'' ' _ '0.'", ,," <"": ". ' S' "."" '.: y , , ;,'. ~.', l( _._0[' ,,- Pror;~,~.JJ&. /~i/ l 0 ~" . r' ..' f12 ~i\. \ ~ : '" ~ "- ,/ <t." . .,,' .-,> , v ,,(' <tCJ\"'c:n ~, ,,0 : .1: ~~ .," <," ",' ~ ' v-,e., /_rt- : oJi't' ,," If- ' , CO I(- 'v \~+\d;~d " '01) (J'l ('i N \'l'l '0 ~I G' ~ ('oJ ,,'~<.. \ , . .'f I \ . '" IV <;lol. \ \.6,~cS.. \ \ Ol"~' . , . " ~ ~~,b,t B ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (612) 474 7964 Fa.x (612) 4748267 Attn: Mr. Brad Nielson City of Shorewood 5755 Country Club Road Shorewoo<L MN 55331 fiLE COpy /-. ....~.. 1.,;-""; ! October 10, 1994 Re: Wetland delineation at 20345 Excelsior Boulevard, Shorewood, Minnesota. Dear Brad: . We showed a wetland on our survey No. 92368. To do that, we used the 980 contour line from a city topographic map of the area. That contour line appeared to separate the steep slopes from flat low lying wetland area. We felt it was a conservative estimate of the wetland. Because John Pastuck, who is now contemplating division of the property, is concerned about the exact limits of the wetlan<L he has hired a consultant who specializes in delineating wetlands per the 1991 Wetlands Protection Act and they have' delineated that wetland. We located the stakes that the consultant set according to soil conditions and vegetation as per the Federal Manual that details wetland delineation under the 1991 Act. It turns out that there is not a great deal of difference between the 980 contour and the wetland per manual delineation except in theeastem portion of the site, and there, John couId gain a few square feet which are important to him in his effort to divide the property. We enclose a copy of the survey showing the two lines and have enclosed a copy of a legal description of the area of a replacement conservation easement (Exhibit B) and a portion of the conservation easement that you may wish to consider vacating (Exhibit A). . Sincerely, James H. Parker P.E. & P.S., President, No. 9235 \ \0 ~".b~,t '-(., . . EXHIBIT "A" That part of Lot 44, "Auditor's Subdivision Number One Hundred Forty One" (141), Hennepin County, Minnesota described as follows: Commencing at the southwest comer of said Lot 44; thence North 89 degrees 56 minutes 14 seconds East, assumed bearing, along the Southerly line of said Lot 44 a distance of 347.17 feet; thence Northeasterly, continuing along said Southerly line, a distance of 104.91 feet along a curve not tangential with the last decribed line, said curve is concave to the Southeast and has a radius of 673.00 feet, a central angle of 8 degrees 55 minutes 54 seconds and the chord of said curve bears North 66 degrees 54 minutes 29 seconds East, to the intersection with the"Easterly line of said Lot 44; thence North 00 degrees 00 minutes 55 seconds East along said Easterly line a distance of25.35 feet to the point of beginning of the easement to be described; thence North 69 degrees 46 minutes 01 seconds West a distance of 284.16 feet; thence North 23 degrees 22 minutes 37 seconds East a distance of 161.00 feet; thence North 47 degrees 16 minutes 31 seconds East a distance of 95.00 feet; thence North 84 degrees 49 minutes 36 seconds East a distance of 133.58 feet to an intersection with said Easterly line of Lot 44; thence South 00 degrees 00 minutes 55 seconds West a distance of 322.56 feet to the point of beginning. . . EXHIBIT "B" That part of Lot 44, "Auditor's Subdivision Number One Hundred Forty One" (141), Hennepin County, Minnesota described as follows: Commencing at the southwest comer of said Lot 44; thence North 89 degrees 56 minutes 14 seconds East, assumed bearing, along the Southerly line of said Lot 44 a distance of 347.17 feet; thence Northeasterly, continuing along said Southerly line, a distance of 104.91 feet along a curve not tangential with the last decribed line, said curve is concave to the Southeast and has a radius of 673.00 feet, a central angle of 8 degrees 55 minutes 54 seconds and the chord of said curve bears North 66 degrees 54 minutes 29 seconds East, to the intersection with the Easterly line of said Lot 44; thence North 00 degrees 00 minutes 55 seconds East along said Easterly "line a distance of 25.35 feet to the point of beginning of the easement to be described; thence North 69 degrees 46 minutes 01 seconds West a distance of 284.16 feet; thence North 23 degrees 22 minutes 37 seconds East a distance of 161.00 feet; thence South 87 degrees 10 minutes 00 seconds East a distance of 86.00 feet; thence North 11 degrees 10 minutes 24 seconds East a distance of 80.07 feet; thence North 84 degrees 00 minutes 00 seconds East a distance of 41.00 feet; thence South 38 degrees 55 minutes 00 seconds East a distance of 96.50 feet to an intersection with said Easterly line of Lot 44; thence South 00 degrees 00 minutes 55 seconds West a distance of249.56 feet to the point of beginning. October 10. 1994 /,~ .....;~ Summit ~-..... Envirosolutions ~? --..:: FILE COpy ... .r ,:, ..:-'/ .- .: ,._ .' ~;...,;,.. "'" ... . . .l. ~'., ~_ ;. ~~ .'--~' Mr. Brad Neilsen City Planner - City of Shorewood . 5755 Country Club Road Shorewood. Minnesota 55331 Subject: Methodology Used for Wetland Delineation Shorewood Site A portion of the SY'2 of the SWY-& of Section 25. Township 117 North. Range 23 West Hennepin County, Minnesota . Dear Mr. Neilson: Summit Envirosolutions. Inc. (Summit) has completed wetland delineation activities associated with a wetland located on the subject property. A description of Summit's wetland delineation methodology is provided below. Prior to conducting our tield reconnaissance. Summit reviewed the following existing documenl<; for wetland information: · National Wetlands Inventory map prepared by U. S. Department of Interior _ Fish and Wildlite Service; · Protected Water Inventory map developed by the Minnesota Department of Natural Resources; . · Soil Survey of Hennepin County. prepared by U. S. Department of Agriculture. - Soil Conservation Service; and. · U. S. Geologic Survey 7.5 minute Excelsior quadrangle map. During our field reconnaissance a wetland basin was identified and delineated using the Federal Manual for Identifyin~ and Delineating Jurisdictional Wetlands (Interagency Task Force on Wetland Delineation. 1989) and the 1987 Corps of Engineers Wetland Delineation Manual (U. S. Army Corps of Engineers. 1987). The wetland basin was classitied according to the methodologies set furth in Wetlands and Deepwater Hahitats of the United States (FWS/OBS Publication 79/31; Cowardin et al. 1979) and Wetlands of the United States (USFWS Circular 39; Shaw and Fredine 1971). Summit personnel use tield data forms to document the vegetation. soils. and hydrology observed at the site. A blank Summit data form is attached for your review. 10201 Wayzata Boulevard. Suite #100. Minneapolis, MN 55305. Phone (612) 595-8888. 'r(62~1~S4f!8.L 0 Offices Strategicaliy Located Natlonwiae '-"". U ,'1 . . Mr. Br.ld Neilsen Methodology Used for Wetland Delineation Page 2 October 10, 1994 If you have further questions regarding Summit's wetland delineation methodology or the project in general, please contact our office. Thank you. Sincerely. Summit Envirosolutions, Ine. ". ~:~~ Project Manager attachment DMMlhs SUl\-lMIT DATA FOlt.\1 ROUTINE ON-SITE DETERMINA nON METHOD! ~.....' Summit ...-."- ~ Envirosolutions ~ Fic:ld Illvestig:1tor(s): Projc:ct/Site: State: Applicant/Owner: Plant Community #/Name: Noce: If a more detailed site description is necessary. use the back of data form or a field notebook. Date: Proj. It: County: Do nonnal environmental conditions exist at the plant community? Yes No If no. explain Has the vegetation. soils. and/or bydrology been significantly disturbed? Yes No If yes. explain VEGETATION Indicator Status Stratum . Scientific Name I. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Common Name Pc:rcentalZe Percent of dominant species that are OBL. FACW, and/or FAC: Is the hydrophytic vegetation criterion met? Yes No Rationale: SOILS ., Subgroup:- No Undetermined Histic epipedon present"? Yes Gleyed'? Yes No Mottie Colors: . Series/phase: L~ the soil on the hydric soils 1isr? Is the soil a Histosol? Yes L~ the soil: Mottled? Yes Matrix Color: Other hydric soil indicators: L~ the bydric soil criterion met'? Rationale: Yes No No No Yes No HYDROLOGY L~ the ground surface inundated? Yes No L~ the soil sacuraced? Yes No Depth to free-standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation. Surface water depth: Is the wetland hydrology criterion met? Rationale: Yes No JURISDICITONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Rationale for jurisdictional decision: Yes No IThis data form can be used for the Hvdric Soil Assessment Procedure and the Plant Community Assessment Procedure. ., , -Classification according to "Soil Taxonomy: 10201 Wayzata Blvd. Suite # 100. Minneapolis, MN 55305. Phone (612) 595-8888. Fax (612) 595-0888 :-;0. ()~O<J.152 Ie t'\j . ~ - ...., November 22, 1994 City Council City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 ATTN: Brad Nielsen, Planning Director SUBJECT: Vacation of Wetland Conservation Easement - 20345 Excelsior Blvd. . The following are our concerns regarding the request to vacate the existing Wetland Conservation Easement for the above-named property. 1. There should be a minimum of 35' setback from a wetland. There is no setback requirement in the ordinance now. However, a portion of Wetland Conservation Easement should not be vacated in order to allow building, whether there is a setback requirement or not. 2. This property is really a marginal buildable property - it is too steep of a hillside, there will be erosion problems, there will be run-off problems and there is always the question of the environment and wildlife, once habitat is gone, wildlife is gone. . 3. The Wetland Conservation Easement should not be given up without the public gaining some good. Tax revenue on a single home is not a public asset. What public good will be served to us, as the residents to the East of this property, with a home on a Wetland Easement. Shorewood has given up so much on this street already, e.g. Pete Boyer's subdivision. We really don't need to give up more land, especially wetland. Some of the reasons that people live here, nature and wildlife, are being given up. The quality of life changes dramatically and the neighborhood's tax value goes down. We urge all Council members to view the property before the hearing, as a site evaluation, in this case, will be valuable in determining the outcome of this piece of property. Sincerely, f}J24c-~ ~ ~~. Dennis and Barbara Martin 20185 Excelsior Blvd. Shorewood, MN 55331 \J . J - .l. c.- 0 of' ("! "5 a O'f'\. d.t-^cA....- Ke",,\~v\\ :r . . Nov. 17, 1994 City Council and Planning Commission City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Attention: Brad Nielsen, Planning Director Subject: Wetland Conservation Easement - 20345 Excelsior Blvd. I have several concerns regarding subject plan to vacate a portion of the existing Wetland Conservation Easement at 20345 Excelsior Blvd. These include: 1. Minimum setback requirements from the wetland. What is the required setback for residential property from a wetland in the city of Shorewood? According to Joan Hadley of the Minnetonka Planning Dept., .Minnetonka's Wetland Ordinance requires residential property to be setback a minimum of 3 5 feet from a wetland. Even if Shorewood adopted a 25 foot setback requirement, I do not believe this would allow enough room to construct a residence on subject property. 2. Suitability of this property for construction. The entire property located a 20345 Excelsior looks to me to be a marginal buildable property. My guess is that some relaxation of restrictions or guidelines must have taken place before construction pennits were issued for the existing two residential structures at this location. Now a request is being made to push development of this poorly qualified property even further? The proposed construction site is located on a very steep hillside. Construction will require either substantial amounts of fill, or construction into the hillside. The house will have to be literally forced into the location. Will a maximum slope of 3: 1 be maintained for all disturbed soil? How will erosion into the wetland be prevented during the construction process? How will disturbance of the wetland be prevented when the house is in use, and children are playing in the backyard? Who will monitor the property owners to insure there is no further development in the wetland over time? I suggest that before a decision is made to approve this request to vacate the WetIand Conservation Easement, that members of the City Council and the Planning Commission drive by the site and take a look for themselves, while thinking of the question: "Should there be a house on this location?" Re~~d,e^",1: \ G.ci'" ('e.;fOf'\.~^C:~ 3. What is the public purpose or gain in the City of Shorewood giving up this right? My understanding is that the City of Shore wood, in holding a Wetland Conservation Easement, has a right which should not be surrendered without some public purpose, gain, need, etc. I suppose it could be argued that the small increase in tax revenue from a developed property will benefit all residents of Shorewood. But will it really? Will higher density housing be a benefit to the residents in the area of this proposed development? Will our taxes go down alittle next year? How will the City of Shorewood' s giving up this right benefit me, as an individual resident of Shorewood residing near the existing Wetland Conservation Easement? I will not be able to attend the November 29, 1994 public hearing on this subject, as I will be out of town on business. It would be appreciated if these questions could be considered during the hearing. · ~2~ 7~ 20270 Excelsior Blvd. Shorewood, MN 55331 . ... November 22, 1994 Mr. Brad Nielsen, Planning Director City of Shorewood Shorewood City Hall 5755 Country Oub Road Shorewood, Minnesota 55331 . Re: John Pastuck request to vacate wetland Dear Mr. Nielsen: Alice and I live at 20250 Excelsior Boulevard and have for the past seventeen years. We strongly oppose the proposed vacating of the Wetland Conservation easement at 20345 Excelsior Boulevard. We suggest that one or more City Council members directly observe the lot in question with Mr. Pastuck and believe that if you do, your decision will be to turn down his request. Please note Mr. Pastuck has already developed a duplex residence facing this wetland which from a zoning perspective was questionable in this neighborhood of single family residences. The proposed dwelling will be forced into a truly marginal lot with an extreme grade and little potential for an aesthetic outcome. . Questions that should be answered are the driveway placement near the duplex driveway and near a blind and highly vegetated curve; the nature of excavation and fill needed, and the setbacks from the wetland to the west and the neighbors to the east. Not only will this project disturb an already fragile wetland but it will violate Shorewoods' standards of integrity in development. Sincerely, (h -'-_?? I-&zudo a: R. Waldo r? ~ \ C,.Of"r€? 001'\.da. t\c..€.- ",2. ? ;02,11\\ \ . . CITY OF SHOREWOOD RESOLUTION NO. 95 - A RESOLUTION ESTABLISHING A SNOWMOBILE TASK FORCE WHEREAS, the Shorewood Comprehensive Plan makes the following recommendation: "Snowmobiles have been a continued source of controversy in recent years, despite increased efforts to enforce City codes regulating their use. Private property trespass and damage have been raised as issues relative to snowmobiling. More importantly the safety and compatibility of snowmobiles with pedestrian uses and motor vehicles make the use of snowmobiles questionable on the trail system and streets, respectively. Consideration should be given to prohibiting their use on public property within the community" and; WHEREAS, snowmobile usage on the regional trail was a major point of discussion during the Comprehensive Plan Public hearing held February 21, 1995; and WHEREAS, the Planning and Park Commissions have made differing recommendations to the City Council regarding snowmobile usage in the City of Shorewood; and WHEREAS, there are differing opinions on the number and seriousness of reported violations of rules by snowmobilers; and WHEREAS, the City Council wishes a comprehensive analysis of problems relating to snowmobile usage on the Regional Trail and on City right of way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that a Special Temporary Snowmobile Task Force is hereby created to operate within the following parameters: PURPOSE: The Task Force is created to investigate reports of snowmobilers violating City code, make recommendations regarding steps to reduce snowmobile violations, draft and nnplement an action_plan to acq~ accurate data on the number and seriousness of violations during the 1995/g6 snowmobile season, analyze said data and pr~pare recommendations regarding the potential of banning snowmobiling in all or part ot- the Ci!y, and as an alternative a continuum of steps which could be taken to niake snowmobiling a safer more acceptable means of winter recreation and transport in Shorewood. OBJECTIVES: The Task Force shall address a full range of issues in their report to the City Council regarding snowmobiling in Shorewood: . Define the issues and problems which should be addressed regarding snowmobiling on the Regional Trail and on City right of ways. They should be analyzed and reported on separately. . . Determine what problems exist and what problems are only perceived to be problems by a small number of individuals. . . Review possible strategies to reduce incidents of noncompliance with City code an~ to acquire reliable data on such incidents including but limited to: additional or reYIsed snow patrol activity; use of radar or videotape; additional sigJlage, educatl~~al programs, and phYSIcal barriers, and additional patrol by Hennepin County Authontles and-South Lake Police. "1f~ Resolution No. 95-_ Page 2 of 2 TASK FORCE MAKE UP: The Task Force shall be made up of a member of the Planning Commission (with a alternate), a member of the Park Commission (with a alternate), and three Shorewood residents. The Chief of the South Lake Minnetonka Public Safety Department and the. City Administrator shall be nonvoting members, and provide staff support. The City Council shall appoint the members and designate the chairperson by separate resolution. EXPENDITURE OF FUNDS: Expenditure of funds in the form of staff support or equipment shall be authorized in advance by the City Council. Normal City polICIes and procedures shall be followed. PROCEDURE: Meetings shall be called by the Chair by requesting the City Administrator to send a notice of the hme and place of the meeting and an agenda to the task force members. Notice will be P9sted at regular locations and mailed to the press at least 12 hours in advance of the meehng. SUNSET: The mission of the Task Force shall be completed and the Task Force shall cease to exist following final report to the City Council, WIthin one year of its fIrst meeting, unless the City Council, by resolution, expands the mission of the Task Force and its duration. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 22nd day of May, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator . . -~ To: Mayor and City Council James C. Hurm, City Administrator From: Teri Naab, Deputy Clerk Date: May 18, 1995 Re: Ordinance Amendment to Chapter 701 and 1302 Regarding Kennel Licenses . Attached is a proposed ordinance regulating the keeping of over 2 dogs within the City. All current kennel license holders have been given a copy and an opportunity to review the proposed ordinance and have not stated any objections or made any comments. Basically this amendment sets out criteria for allowing the keeping of more than 2 dogs on any one property, and establishes guidelines for staff to follow during the application and investigation of said license. The main differing points from the existing ordinance are as follows: 1) Provides written authorization for City staff to inspect the kennel area, and provides for guidelines for the construction of kennel or shelter. 2) Provides standards for the placement of fencing. 3) Provides reasons for denial. 4) Provides a procedure in the event of a complaint or violation, and a followup procedure. License holders will be required to appear before the City Council to explain their situation, after notification to the surrounding property owners. . 5) Provides for an exception to the number of dogs allowed, at the Council's discretion. It should be noted that the annual kennel license fee has been reduced from $50 to $25 for the first year, and $10 for renewal years. License holders will still be required to individually license each dog. This reduced kennel license fee is more compatible with surrounding communities. Also, it is the intent of this amendment that all renewal kennel licenses do not have to be reinspected if there has not been a complaint or violation during the previous year, thereby cutting the expense to the City and making it more ameanable to homeowners to obtain the license. ~a -it, j,.~" ,f-,. CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 701 OF THE SHOREWOOD CITY CODE REGULATING DOGS WITHIN THE CITY AND SECTION 1302 RELATED TO DOG AND KENNEL LICENSE FEES The City Council of the City of Shorewood, Minnesota, ordains: Section 1. Section 701.04, Subd. 1 and 2 are repealed in their entirely and the following Subds. 1-5 are adopted in its place: Subd. 1. Kennel License: Within the limits of the City, no more than two (2) dogs, over the age of six (6) months shall be allowed in any household unless the owners shall first obtain a kennel license. This license shall allow an owner to keep up to four (4) dogs over the age of six (6) months. Any person desiring a kennel license shall make written application upon a form prescribed by and containing such information as required by the City. Every owner is required to keep a valid, individual license tag securely fastened to the dog's collar or harness. The owner shall pay a fee for the kennel license as provided in Section 1302 of this Code. This license shall be v ali d for the period of one year, beginning on January 1 and ending on December 31, and is non-transferable. The application shall contain the following information: . a. The number of dogs over the age of SIX months maintained on the premises. . to be b. A description of the real estate property upon which the animals will be kept. c. Written authorization for the City to inspect the premIses which shall be valid for the length of the license. Application for a renewal license shall be inspected upon receipt of complaints. Said inspection shall be to confirm compliance with the following criteria: (1) If an outdoor kennel is provided, it must be constructed of suitable material to maintain and secure the keeping of dogs ..' f and to allow for sufficient space for the dogs. Standards for adequate shelter for dogs is specified in Minnesota Statute 343.40, and is hereby adopted by reference, including any amendments to that section. Said space must be inspected an d approved by the Animal Enforcement Officer. All surfaces m u s t be constructed of material to provide for proper cleaning, drainage, and maintenance and needs of the dogs. Kennel structures must be located within the prescribed setback requirements for the property and shall be located at least te n (10) feet from the property boundary. All fences shall be located entirely upon the property of the fence owner. No boundary line fence shall be erected closer than three feet (3') to an existing parallel boundary line fence. . (2) Owners must ensure that dogs kept on a licensed premises do not create a nuisance by excessive barking, or by creating unsanitary conditions. d. Notification of any pnor violations during the prevIous licensing period. Subd. 2 Denial of License: The City may deny any license request based upon one or more of the following: a. The Animal Enforcement Officer finds the kennel facilities inadequate. . b. Conditions of the license are not met. c. A nuisance condition is found to be created by the dogs or owner. d. The kennel creates a public health and safety hazard, 0 r has placed the animals in an unreasonable endangerment. The City shall investigate all complaints and may issue a citation for violations. After a complaint has been received and found to be valid regarding a kennel license, the holder of said license shall appear before the City Council to state or explain their position. Said appearance shall be within 30 days of the initial complaint and after notification of all contiguous property owners. The City Council will then decide the status of the license. t.. ..A.. Subd. 3 Exceptions: a. An applicant may apply to the City Council for an exception to the maximum number of dogs allowed per property. At the Council's discretion, show dogs may be exempt from the limited number of dogs allowed, provided proof of such status is provided. b. This section shall not apply to non-residents or dogs kept within the City for less than 30 continuous days. Subd. 4 Revocation of Kennel License: In addition to any other sanctions herein provided, violation of any of the terms of this Chapter shall be grounds for termination of the privilege of keeping up to four (4) dogs, and said license may be revoked. Revocation may occur for a violation attributable to any dog kept by the owners. . Section 2. Section 1302 is hereby amended as follows: Kennel License $25.00/initial license 10.00/renewal license Section 3. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOT A, this 22nd day of May, 1995. . Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator .f . . MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM , TO: FROM: DATE: RE: FILE NO. Mayor and City Council Brad Nielsen 18 May 1995 Proposed Condemnation - Hazardous Building Property - 25565 Smithtown Road The City Attorney and I inspected the above-referenced property, based upon the complaint received at the last Council meeting. The building in question is completely unsecured and has obviously been abandoned. As can be seen in the attached photos, entry to the building is unobstructed via window openings with no windows in them and through the door on the east side of the building. The building can easily be accessed by childeren, exposing them to the hazards inside, and constitutes an attractive nuisance Perhaps the most evident hazard we observed was a stairway opening to the basement. There is no guardrail around the opening and water in the basement comes halfway up the stairs. Electricity is still on in the building and a refrigerator is accessible in what was the kitchen. The roof is in very poor repair and construction debris is stacked along the west side of the house. Although the interior of the structure has been gutted, presumably for remodeling purposes, no current building permit exists for the property. We would have ordered the building secured, but State law requires that the City Council must order it. The City Attorney has prepared the order for your consideration. Also, an order declaring the building hazardous is in your packet. Staff strongly urges the Council to approve both orders, after which they will be forwarded to the property owners by registered mail. If they have not secured the building' within 10 days, the City will do the work and charge it to the property owners. Once secured, the City Attorney will continue with the condemnation process. If you have any questions relative to this matter, please do not hesitate to call me prior to Monday night's meeting. cc: Jim Hurm Tim Keane Joe pazandak Naomi Ruth Carlson Gregory W. Fox A Residential Community on Lake Minnetonka's South Shore 10,. A, I, ~" ~;"d~" (we.e,i ..,~ ~ ~ ) Or" ~ir,V( l\ .... PMfrt\f^t MIf""" ~vU ~ ,v,,~c.r \ \.~ 'fi.V ((:-0 ,,0 ... . r. ;-',-~...-- "V ' r~' L, ....,~~ i!.' :. ~1tr' "'" (, I ~., " I::/J,/ '" '.', I-_-~ ',,'/!, ._.~ ~w..u...._ --_.~ ORDER FOR REMOVAL OR REPAIR CITY OF SHOREWOOD IN THE MATTER OF HAZARDOUS BUILDING LOCATED AT 25565 SMITHTOWN ROAD Legally described in the attached Exhibit A. To: Naomi Ruth Carlson Gregory W. Fox 1) Pursuant to Minnesota Statutes Sections 463.15 to 463.61, the Council of the City of Shorewood, having duly considered the matter, finds the above-described building to be a hazardous building for the following reasons: (a) The doors and windows are unsecured and open creating an attractive nuisance. . (b) The stairway opening to the basement is open with no handrail and the basement is filled with water. (c) Foundations are deteriorated. (d) The roof is in poor condition and is deteriorated. (e) Members of the roof, walls, partitions and other structural components lean, list, and deflect due to deterioration. (f) The electrical wiring violates the provisions of the State Electrical Code. 2) Pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261, the Council hereby orders the record owners of the above-hazardous building to repair and make such building safe and not detrimental to the public health, welfare . and safety by making the following necessary repairs: (1) Secure the building. (2) Make those repairs required to bring the building into conformance with all applicable building codes. Either such repairs shall be completed within twenty (20) days of the date of the service of this Order or the building shall be razed or removed before that date. 3) The Council further orders that unless such corrective action is taken or an answer is served upon the City of Shorewood and filed in the office of the Clerk of District Court of Hennepin County, Minnesota within twenty (20) days from the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Hennepin County. \0. ~.a. 4) The Council further orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes Section 463.22. 5) The Mayor, Clerk, City Attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with the Order and to assess the costs thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Shorewood this 22nd day of May, 1995. CITY OF SHOREWOOD By: Its: Mayor City Clerk . . ORDER TO SECURE VACANT BUILDING CITY OF SHOREWOOD IN THE MATTER OF HAZARDOUS BUILDING LOCATED AT 25565 SMITHTOWN ROAD Legally described in the attached Exhibit A. To: Naomi Ruth Carlson Gregory W. Fox 1) Pursuant to Minnesota Statutes Sections 463.15 to 463.61, the Council of the City of Shorewood, having duly considered the matter and finding the above-described building to be a hazardous building does hereby order the building to immediately be secured. 2) Pursuant to the previously adopted findings and in accordance with Minnesota Statutes Sections 463.251, the Council hereby orders the record owners of the above-hazardous building to secure the building from open access or trespass and make such building safe and not detrimental to the public health, welfare and safety. . Either such repairs to secure the premises shall be completed within ten (10) days of the date of the service of this Order or the building shall be secured by the City of Shorewood and all costs related thereto shall be assessed against the property. Adopted by the City Council of the City of Shorewood this 22nd day of May, 1995. CITY OF SHOREWOOD . By: Its: Mayor City Clerk \O.e. . . CITY OF SHOREWOOD RESOLUTION NO. 95-_ A RESOLUTION PROCLAIMING MAY OF 1995 AS OLDER AMERICANS MONTH WHEREAS, older Americans are significant members of our society, investing their wisdom and experience to help enrich and better the lives of younger generations; and WHEREAS, the Southshore Senior Center has acted as a catalyst for mobilizing the creativity, energy, vitality and commitment of older residents of Shorewood; and WHEREAS, through the wide array of services, programs and activities, seniors empower older adults to contribute to their own health and well-being and the health and well-being of their fellow citizens of all ages; and WHEREAS, on Friday, May 19, the Southshore Senior Center celebrated Older Americans Month. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that May 1995 be proclaimed as Older Americans Month and calls upon all citizens to recognize the special contributions of the Southshore Senior Center participants, and the special efforts of its staff and volunteers who work every day to enhance the well-being of the older persons in our city. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of May 1995. ATTEST: Robert B. Bean, Mayor James C. Hurm, City Administrator/Clerk *- L\ CITY OF SHOREWOOD MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAO · SHOAEWOOO. MINNESOTA 55331-8927 . (612)474-3236 ME\tIORANDUM . TO: Mayor and City Council FROM: Brad Nielsen DAlE: 17 May 1995 RE: Grable, John - Deck Variance FILE NO. 405 (94.27) . I'm pleased to inform you that the above-referenced has been resolved. As you may recall Mr. Grable had withdrawn his request for a variance to encroach into the 50-foot perimeter setback area for Amesbury West. What remained was a dispute over what encroachment would be allowed in the common area. After meeting with Mr. Grable, he has agreed to modify his plans, reducing the size of the deck to 4'x6' and shifting it out of the common area. One comer of the deck may encroach slightly less than one foot into the common area. Given the circumstances of this case and Nlr. Grable's effort to cooperate with the City, I consider the matter to be resolved. If you have any question relative to this item, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim. Hurm Tim Keane John Grable A Residential Community on Lake Minnetonka's South Shore 4t 13 A To: Mayor and City Council From: James C. Hurm, City Administrator I/- Date: May 19, 1995 Re: Funding Options for the Senior Community Center Attached you will find material relating to a legal opinion acquired by the Hennepin County Housing and Redevelopment Authority (HCHRA). That opinion basically would prohibit HCHRA to undertake any project involving the use of general obligation bonds. This is of course opposite the opinion we had received several years ago, and that material is also enclosed. There are a number of financing options available to the cities of Shorewood and Excelsior. This of course does not affect Tonka Bay, Deephaven or Greenwood which had indicated it is not their intent to work with the HCHRA to acquire the necessary funds. Some of the options are: . 1) Request the HCHRA to acquire another bond counsel opinion regarding the legality of issuing debt and levying taxes to retire the debt in only two cities within the HCHRA area of operation. Our City Attorney feels it would be very easy to find an attorney who would take into consideration the legislative history arid intent of the law and agree with the initial informal opinion. The cities of Shorewood and Excelsior have been under the impression that HCHRA staff and legal counsel had previously determined that a County bond and levy was a viable financing option. A second opinion may remedy the frustration of the cities in what appears as a reverse in the HCHRA's initial interpretation of the law. This could be the simplest and quickest option. . 2) Amend Minnesota Statutes. Request an amendment to Minnesota Statutes allowing HCHRA special taxing jurisdictions. Because there appears to be some need for clarification of the Statute, this should be done in any case. Waiting for the next legislative session however would further delay the construction of the center and may jeopardize other funding commitments. This option on its own would not be sufficient. 3 ) Revenue bonds. A. Lease/purchase agreement. The HCHRA could be a part owner of the Senior Community Center and become part of the leasing arrangement. The lease revenue pledged by Shorewood and Excelsior would be used to satisfy the bond obligation. This arrangement would not require any kind of local referendum which would be costly and time consuming. B. The HCHRA could provide a credit enhancement for the revenue bonds with a moral obligation as has been done in the past for another program. There are a lot of legal and technical questions which would need to be addressed in researching this option. 4 \'3B C. Approach the Housing Development Corporation which manages the Southshore Park Apartment to see if they would be interested in backing one or both of the cities rather than using the full faith and credit of the city. This again should not require a referendum. We do not know if non-profit corporations reserves or assets are sufficient for this purpose, nor do we know how we would be received with such a suggestion. 4) Local Issued Debt. Shorewood could simply fund the project with internal funds. There are of course negatives with this approach. As an option, the two cities could create a local housing and redevelopment authority of their own to issue the debt. This would require some time and expense. The HCHRA was partially established as a municipal HRA to prevent this from having to happen. The purpose of this memorandum is to let the City Council know of the current financing question and to list some of the options which are currently being developed. I am confident that a reasonable option can be found for financing Shorewood and Excelsior's portion of the Senior Community Center. . . .~ sMemo MAY - Ll ISS5 DATE: May 2, 1995 , .- TO: Philip Eckhert- Office of Planning and Development Dave Lawless - Office of Budget and Finance Jim Herro - City of Shorewood Barbara Hayden - Development Planning Unit . FROM: Larry Blackstad RE: Southshore Senior Center - Issues/Options . Issue- The opinion expressed by Bruce Batterson, in his letter of April 20, 1995, significantly impacts not only the Southshore Senior Center Project, but also the ability of the HCHRA to undertake any project involving the use of general obligation bonds. The referenced statue 469.005 Subd 1, which defines the area of operation also establishes the local governing body through resolution must empowering the Authority to undertake any project within its boundaries. This language could imply that the HCHRA's area of operation is limited to Shorewood and Excelsior in that they are willing to empower the the Authority to undertake a project within their boundaries. It believe Mr. Batterson's opinion should be re-examine in terms of the totalllmguage in 469.005 Subd. 1. Option- Given the overall importance of the issue raised and the fact that there are contradicting legal opinions on the issue I would suggest that the assistance of a third legal professional be secured and I would suggest using one of the group previously with Mackall, Crounse and Moore . Request a legislative language change to 383B.77 establishing the that the area of operation for the HCHRA is project specific and requires local governing body approval. In addition 469.033 should be modified to recognized project specific areas of operation per revisions to 383B.77. Issue- Those involved in the establishment of the HCHRA are aware that the intent of the legislation was to ensure that HCHRA undertake no activity without the consent of the local governing body 383B.77 Subd 2. and Subd. 3. Option- Request a legislative change to include specific language authorizing the use of the GO authority provided for in 469.033 on a project specific basis, with local approval. Issue- If a workable Southshore funding package based on the GO provisions is not approved by September in time to certify the levy, the project may be delayed for until 1997-98 construction and other funding commitments maybe lost. Option- Develop a revenue bond approach to the project, this discussion should include an underwriter and financial consultant. Major questions are those concerning municipal leases, referendums, and credit enhancements. .'. .- 2 . . H enneP.iDOp~gllnty J.lIl1e.. .\1. H, lUfe\". CpUl1ry Ad1l11111-rr.ltPf ~~:- March 14, 1995 Mr. Bruce Batterson Faegre & Benson 2200 Norwest Center 90 South Seventh Street Minneapolis, Miimesota 55402-3901 . Dear Bruce: As you have previously discussed with Dave Lawless, the HRA has requested that you provide the County with Faegre & Benson's preliminary opinion on the viability of fmancing the Southshore Senior Community Center. Please provide us with your preliminary opinion on the following questions: Does the Hennepin County HRA have the authority to provide fmancing for the Southshore Senior Community Center as proposed by the cities of Shorewood, Excelsior, Tonka Bay, Deephavenand Minnetonka? Specifically, . 1. Does establishment of a community center fall within the statutory purview of the HCRRA? 2. Does the HCHRA have the.authority to issue debt for the establishment of a community center? 3. Does the HCHRA have the authority to approve the required levy for debt service purposes, over a multi-year period, against the value of taxable property within the boundaries of the cities of Shorewood and Excelsior upon request by those cities?" 4. Does the proposal for the Center contain any other features or provisions that would preclude HRA participation in the manner proposed? Office Of Budget & Finance A-2301 Hennepin County Government Center Minneapolis, 1'vHnnesora j j48 7 -0231 (612) 348.j12j FAX:(612) 348.7970 R~~i...~i~.i P..lp~r March 14, 1995 Page two It is our understanding that your fee for this opinion will be in the range of $500-1,000. Please contact Dave Lawless if you have any questions about this request. Attached is further information on how this is structured. /....... Sin~y, . ~ ./" 4% i 6 Thomas J. Falstad Director, Office of Budget & Finance . / cc: [/Phil Eckhert Dave Lawless Jim Ufer Attachment . FAEGRE & BENSON PIIOP1:SSIONAI.. L.'M'T1:D l..'A8'L.ITY PARTNERSH'P :':'00 NORWUT CE."ITER. 90 SOUTH SEVENTH STllttT MINNEAPOUS, MINNESOTA 55402.-3901 TELEPHONE 612.336.3000 F.<\CSIMIU 612.336.3026 BRUCI! M. SA TTERSON 6121336-3265 April 20, 1995 Mr. Thomas 1. Falstad Director, Office of Budget and Finance A-23 0 1 Hennepin County Government Center Minneapolis, Minnesota 55487-7970 . Re: Southshore Senior Community Center Financing Dear Tom: We have reviewed the materials you sent regarding the proposal by the Cities of Shorewood, Excelsior, Tonka Bay, Deephaven and Greenwood (the "Cities") to establish the Southshore Senior Community Center (the "Center"). Under the proposal, the Hennepin County Housing and Redevelopment Authority would issue bonds to finance a portion of the cost of construction of the Center, and the Cities have requested that the Authority levy a tax in the Cities of Shorewood and Excelsior to provide for repayment of the bonds. . In our opinion, the Authority may issue bonds for a senior community center under the provisions of the Municipal Industrial Development Act. Minnesota Statutes, Sections 469.152 to 469.165. However, we do not believe the Authority is permitted under current law to levy a tax in only two cities within its area of operation. This letter addresses the two questions in order. Financing Senior Community Center The Municipal Industrial Development Act. Minnesota Statutes, Sections 469.152 to 469.165, as amended, provides broad authority to finance "any properties, real or personal, used or useful in connection with a revenue producing enterprise." Minn. Stat. ~ 469.153, Subd. 2(b). The Authority is a "redevelopment agency" authorized to undertake projects and issue bonds pursuant to the Act. Minn. Stat. ~ 469.153, Subd. 4. Under the Act. one or more local units of government, such as the Cities, may be the "contracting party" that undertakes a project. and the Authority may enter into intergovernmental agreements with other municipalities, such as the Cities, in connection with the construction and financing of a project. See Minn. Stat. SS 469.153, Subd. 8; 469.155, Subd. 9. .Vf;",r~apo{i$ D~nu~r D~s Moines Washington, D.C. London Frankfurt Alm<1ty Mr. Thomas J. Falstad April 20, 1995 Page 2 The Act requires that the Authority enter into a revenue agreement with a contracting party to provide for repayment of bonds issued to finance a project. See Minn. Stat. 9 469.155, Subds. 2, 5, 6. Typically, a revenue agreement is in the form of a loan agreement or financing lease. Except for its interest in the revenue agreement, however, the Authority may not pledge any of its funds, property or taxing power to the payment of bonds issued under the Act. Minn. Stat. 9469.162. Under the Act, the Authority could finance the Center by issuing bonds repayable under a revenue agreement with some or all of the Cities. The revenue agreement could be structured to apply any designated revenues, including the proceeds of a general or special tax imposed by the Cities or the Authority (if othetwise permitted), to the payment of the bonds. As discussed below, however, we have been unable to conclude that the Authority is . permitted to levy such a tax. Authority's Taxing Power Under Minnesota Statutes, Section 469.033, Subdivision 6, "[a]II of the territory included within the area of operation of any authority shall constitute a taxing district," "[a]II of the taxable property, both real and personal, within that taxing district shall be deemed to be benefited by projects [undertaken by the authority]," and, with the consent of the governing body of the governmental jurisdiction in which it is located, "an authority may levy a tax upon all taxable property within that taxing district." Therefore, with the consent of the Hennepin County Board, the Authority may impose a special benefit tax upon all taxable property within its "area of operation." The difficulty in applying this authority to the proposal to establish the Southshore Senior Community Center is that the Authority's "area of operation" is the entire . County. See Minn. Stat. 99 383B.77, Subd. 1; 469.005, Subd. 1. There is no provision permitting the special benefit tax to be levied and spread in only a limited area, such as two cities. Although Section 469.033, Subdivision 6, refers to the "city" in numerous places, Section 383B.77, Subdivision 1, provides, "For the purposes of applying the municipal housing and redevelopment act [Sections 469.001 to 469.047].to Hennepin county, the county has all of the powers and duties of a city, the county board has all the powers and duties of a governing body, [and] the chair of the county board has all of the powers and duties ofa mayor." We note that Section 469.034, Subdivision 2, permits an authority to issue bonds for housing projects and pledge the full faith and credit of the host city as additional security for the bonds, but the proposed Center is not a "qualified housing development project" for which such bonds may be issued. In view of the statutory requirement that the special benefit tax be levied in the entire county, we are unable to conclude that the Authority may impose a tax in the Cities of Shorewood and Excelsior to finance the Center as proposed. Mr. Thomas 1. Falstad April 20, 1995 Page 3 Alternative Structures . Because of the limitations on the Authority's taxing power described above, it appears that taxes or other revenues pledged to repay bonds issued for the Center must be provided by the affected Cities. Minnesota Statutes, Sections 471.15 to 471.191, permit cities to undertake recreational programs and to acquire and construct recreation facilities, which are broadly defined in Section 471.191 ,Subdivision 1, to include, in addition to traditional playground, swimming and skating facilities, "concert halls, museums, and facilities for other kinds of athletic or cultural participation, contests, and exhibitions." This broad definition may include a senior community center within its application. Under Section 471.191, Subdivision 2, a city may issue general obligation bonds, gross revenue bonds or net revenue bonds to finance recreational facilities. While the Cities could issue such bonds directly, if participation by the Authority is desired, the authority in Sections 471.15 to 471.191 can be combined with the Authority's bond issuance powers under the Act as described above, as the Authority is permitted under Section 469.153, Subdivision 2U) to purchase the obligations of local governments. If the policymakers so desire, the Authority could provide credit enhancement for its bonds with a moral obligation of the County, as was done for the Community Providers Program bonds. I would be happy to meet with you, representatives of the Authority and representatives of the Cities to discuss the conclusions in this letter. I would also note that the tax freeze legislation pending at the Minnesota Legislature may affect the ability to undertake the financings described in this letter. . Very truly yours, ~~ Bruce M. Batterson cc: Phil Eckhert Jim Dfer '. Dave Lawless Mark Chapin Pam Fergen Walt Duffy TEL: 1-612-348-3932 Rpr 27.95 14:38 No.OO? P.Ol ~, J ' J' :!!-" ~ ~'. 1:: ~ Hennepiagg~nty J.lIII"" \1. n"lIl'1.:\'. t " .tlllt\ . \,llllIlH'11 111 'I l, FAX TRANSMITTAL . Date: April 26,1995 TO: Jim Herm ORGANIZATION: City of Shorewood FAX NUMBER: 474-0128 FROM: Hennepin County Training and Employment Assistance . SENDER: Larry Blackstad PAGES: 10 . PHONE: 612-348-5859 COM'.MENTS: Southshore Senior Center The ~ttaehcd teLL~rs concerning the South shore and Minnetrista projects are basis for my recommended multi-jurisdictional funding of the Senior center through Lhe IICHRA Copies of the material have been provided to Phil F.ckhert. with a requet>"t that the information be made available to Bruce Batterson. Hennepin COWlty Training and Employm~nt ASl'iistance First Level SO~Jlh Oovt:mmcnc Center JOO South SLxth Srrccr Minneapolis, Minnesora 55487-0012 (6tZ) .348-7594 FAX (612) 348-3932 TUD (612) 348-Z62.1 Reo:]\'k,J I'II~ iEL: 1-612-348-3932 Apr 27.95 14:38 No.007 P.C2 '-" v DORSEY & WHITNEY ...~....~....~~ aao I'AaK ..YOu: lnIW YOa.. ft. _ J0088 (_,~a-_ Cl UK.W:XCHUllf:1l STItRll'I' LOIlDoII SCOY QAT. ..OUItD ot-_~. 2200 l"Ili:>T BAN1t PLACE RAST )UNNUPOLI~, !U:::rNnSOT.A. ~34(:r~ (612) 040-~aoo TXLICIl __ T.E1.J<r-.oJl'lICII tDlaJ:J40-aBntI l8ClO "aM' UlTllVtrl'..... r.lI1n'lIa .. IfOftK ~.. sm...,. l'. 0. _ '"'" alCLl.llr08, ltOItr.ut4 '810ft <-1-- :wo 711tM ".t.1'J0JrA.L &AM.. 8VJIoDJJfO P.o. _ _ .000000ana. lI11f1ll1UI<n'.... Doom (""1__ ItJo HoIITII ~rKAJ, un -.a __ HIHHIllfOfA ftNllll'l' ..... PA17t.. II11nnI_A ...._ COdlll8P-OOIP TROkAS S. RAY ( Gill) 0..:1-796" QOl I)AYI_ IJVJLZlIHO . T1Iuw surKn "Olrrlt O_A,. ".u.z.". lIOJtT.AII... ._ (-17I!2'-3G,,. lie, &118 ~1tt<T - ...... 1'!UM:lII _c___ llt7 US? ~ !I'l'lU1ZT lOa_I..\, ltOIfT..ut... _OR (-l~.~ July 5, 1989 - nRST "ATZmLU, BAH. aVII.DU'" WUOltA"'.lCJltltXtf0E4. 0&081 (_'4~ Mr. Robert J. Christianson, Jr. Best 81 Flanagan 3500 IDS Center Minneapolis, Minnesota 55402-2113 . Re: Hennepin County Housing and Redevelopment Authority -- Minnetrista Municipal Building Project (OUr File J84241-2/C-6917) Dear Mr. Christianson: We have received and reviewed your letter of June 30th, 1989, and the enclosed opinion letters dated, respectively, June 13th and 21st, 1989. We agree with the opinions expressed in those letters, although we think that the approval ot the Minnetrista City Council should be exp~essed by adoption of a fo~mal resolution worded in such a way "as to clearly state its concurrence with the conclusions reached in the enclosed .opinion letters. TSH:DAV CCs: Ms. D. Hagedorn Mr. L. BlacKstead Mr. R. Miller Very truly yours, ThZ::.~ . TEL: 1-612-348-3932 Apr 27.95 14:38 No.C07 P.03 V I "-" JOUN R. C,,''''ou. ,J..u&E6 O. OL..,ON A3r.HJDJ> t.XI SPBNCK"R ROl'llurr M. S.II.Il..n1! ROA1r.UT 1.. ClIO.,8'1' LaONA1U) M. ....nnl1'.uTON RoaR"RT R. B.6RTH N. W" ':":8 (; RAn' ~ O. &_..nn !b(:prAJU) A. Prr)t_mo RoD~RT J. CaHJS"l"1A"'~"N, J.. .F1tAJ<lC J. W....= Twox....a D. C"'"Rl.HUJf F""'N'& VOOT. . MASTNUS W. ....AN P'nTTIOI. JR. JOJUf .-'1. aURTON, .Ill. J..uas C. Dl1tAcua ROAP.'R'1' t.. MZI.1.P.1I, ,rr.. ScOTT O. Eu.I'!'R CaA"'.IU' C. BJ:1tQI11>,"Z G.lfOaa. O. Lunr.x. E. JOSF.PII t..ur....".Z III GJlP.OOJZT D. SollU C^Tft'Y E. OoltU,. P....TBlt':1l :e. ilJ:""'IlHHY C,.JlJliI"1'DlB K. SaLSa TJM'arJIT ..... S01J..lVAJI' ~ "'NY t.. P1:l'3T lhrlA..'I 1'.lhc:s June 21,. 1989 T....<:T ,r. VAJt Snl"-N'1IuJtOH Da.VID .J. 2:mnu; 5TZTO R. g,um.a J.a.xE.:S I'. M,mclU.a; P....uJ.. E.K..HtN!l1U RUZAaETU W. VO&AC:.a CK1tl/lTOPU.c.D J. CIU.J'1:T JOHN P. BoTloZ RoIll:S C. iOIlM'JI:Uo CIUUIOTQI""P'. C. 1'0'1' CASYN 5c1lp._ CI.O'V~R 5"_11 S. OuD_?:T Qp C01lJ....t1. C"....aLZllI S. Br:l..J.QWS WAIln B. f;J!l'W1S hTmsD GaoAl<)B MAt.oN"ZT Lzo......D W. SorONET JA.M1U' t. 15zwr _.,- ao.BDT J. F~4.OA.."OJ (_,.~'" :BEST &. FLANAGA~ .A.TTORNF.'Y's .4.T LAw :)~oo ID S CEFrlUi MI~lU.POLIS, MlN'Nl':.!'Io'rA r.sD402 - 2U:) Tl!:I.l!:rH.o.N~ (6lS' 000' TllJl TZT.PoC':OPt'l!::R C01l3) QB~- tSS07 . Ms. Dulcie Hagedorn HENNEPI~ COUNTY HOcrSING AND REDEVELOPMENT AUTHORITY A-230a Hennepin County Government Center Minneapolis, MN 55487 RE: City of Minnitrista Municipal Buildinq project Dear Ms. Hagedorn: AS opined previously in our letter dated June 13, 1989, the Hennepin County Housing and Redevelopment Authority (WAuthority") has the power to levy a special benefit tax within the City of Minnitrista ("City.) pursuant to Minn. Stat. S 469.033, subd. 6. You have raised the possbility that such a levy may be terminated by the City at some future date by virtue of its refusal to approve the annual levy. Minn. Stat. S 3838.77 provides a definitional scheme whereby certain substitutions are to be made in the interpretation of Minn. Stat. 55 469.001 through 469.047 as it relates to the Authority's duties and responsibilities under the . Municipal Housing and Redevelopment Act. Minn. Stat. S 469.033, Subd. 6 must be read in that light. . , One of the specific substitutions is that the Hennepin County Board has all of the powers and duties of a governing body of a municipali ty. The issue then becomes whether the annual approval of the special benefit tax to be levied by the Authority is within the province of the County Board or the City Council. In our opinion, the annual approval power reposes in the Hennepin County Board. The approval required of the City is the initial local approval of the project prior to its 'undertaking. This approval would necessarily include the TEL: 1-612-348-3932 Apr 27,95 14:38 No.007 P~04 V v EEST & FLANAGAN MS. Dulcie Hagedorn June 21, 1989 Page 2 concept of the special benefit tax levy. Once the City has approved the project, its implementation becomes the responsibility of the Authority and the City's continuing power with respect thereto terminates. Therefore, in our opinion, the Authority's power to levy a special benefit tax for this project requires two separate and distinct approvals. The first approval is conceptual in nature and is to be obtained from the City as part of the City's approval of the project. Thereafter, the levy is subject to an annual approval by the County Soard when it approves the budget formulated and filed by the Authority in . accordance with the budget procedure of the County. Yours very truly, BEST & FLANAGAN BY~ vi- Robert.J. ristianson, Jr. RJC Ullbk _ ~ Larry 81ackstad. Richard Mi Her 5861'1 '. JOIUf R. c.._nu. J....u:>> D. OL.~ AacHID.A1.t\ SJ01lNCll'lR ROllEXT M. S.ARP. RODll:nT L. Can..l'Iv UONA.1U) M. .\:l)DINOTON HOR1UtT R. &Jrr2t N. WAI.T?:lI 0..0...... AU.Bl" D. &-.."" R1(;u...8n A.. I'uJtltl!'ON Rnllp.KT J. CKK1:lT~!I0:to. JR. FltA:lK J. W.....L.Z Tl'fOloU.~ D. URUiOl'f FRAN1l: Voo'- M.oBTNU" W. V.J>JIf PttTnuo. .r.. JC,UL'l A BUlITON. JR. . JAXZS <:. DJ1I,u'l7.p:l!l Rol'lF.1I"l" L. ~hu.z.IC.. .7.. S<-.o'M' D. Ez.z.za Ctl4.1.l'l:o. C. >>zllOtnST G1t01IOZ O. l.rmc:Kl'l E. JOfIJtPB I.,.F...,"'ft JJJ GaxuoRY D. SoUI.JJ u-ruy E. GonLIN PAT1I1CX :e. HIS."CJO&:nn CirWr"'Tnn: K. Sor..~o TiKO'l'7I'Y A. Suu.zVAJI T....MNT L. PVl!lT Bwrur "F': RrClI'l . TEL: 1-612-343-3932 Apr 27.95 14:33 No.007 P.05 V v EEST & FL.A.N~GA.~ ATTORNEYS .a.T tAw 0000 IDS CE:l'M'l!ll 24 IN::-Jl!.4.rOUl'I, M'llQ{1':SQTA lSl54OlZ.:3.110 T:e:r.l!:PHON l! (Olla! :Jon. 7lWl TE.t.l!COPIJ!:1t CGls;:j OOQ. ~Q7 l"llAoCT J. VAlf STl'l__U_a DAVTD J. ZUtlJUI STZV'P:N R. KatrOU J ,Uo(1"_" P. M1CIU!:1.lt PAm. E. K.AJU~!IKI EI.I~Il:TR W.VC1:'!AC,H C81UlI1'OPH1Ut J. ~1UI'U~ gOWN P. Ben LoS 0.... C. Fo_zu. IllUln'U..... C. FOY AIlT1< Sc::IIlS1l:D GLOVl!:1l s.u....H S. GOOl'1Iav Or CoCDf*U. ~1lAJlZ.lIUI S. ll1u.:.ows .um 8. ~T" (j.n~~LO"'l'!V LBO~&J:) W. ::b211C))J'P.T JA2llb[. lbsT ,_.- RoDJDIT J. F1'..o.NAO.A.'l l108G &01'''' June 13, 1989 Ms. Dulcie Hagedorn Hennepin County Housing and Redevelopment Authority A-230a Hennepin County Government Center Minneapolis, MN 55487 RB: CI~ or MINNETRISTA - MUNICIPAL BUILDING PROJECT Dear Ms. Hagedorn: The City of Minnetrista (.City.) has informally requested the Hennepin County Housing and Redevelopment Authority (.Authority.) to assist it in formulating a proposal to finance a new municipal building to replace its existing facility. As a prelude to official action by the City, the Authority has been exploring ways of providing such assistance in contemplation that the City will Officially request the Authority to provide the necessary assistance required to accomplish the City's goal. Members of the Authority's finance team have been providing this assistance to the City. One of the critical elements of the proposal is the development of a method by which the funds provided for the new facility can be repaid to the purchasers of the proposed bond issue used to finance the development. One proposed method is to resort to a housing and redevelopment authority's power to levy taxes found in Minn. Stat. S 469.033(6). It pcovides in part: . All of the territory included within thaarea of operation of any authority shall constitute a taxing district for the purnose of levying and collecting special benefit taxes as provided in this subdivision. RECElVED JUH 1 't 1989 TEL: 1-612-348-3932 Apr 2?95 14:38 No.OO? P.06 I '-./ v Blj;ST 8: FLANA.GAN Ms. Dulcie ffagedorn June 13, 1989 Page 2 All of the taxable property, both real and personal, within that taxing district shall be deemed to be benefited by projects to the extent of the special taxes levied under this subdivision. Subject to the consent by resolution of the governing body of the city in and for which it was created, an authority may levy each year a special tax upon all property, both real and personal, within that taxing district. This authority can only be used if the housing and. redevelopment authority has used all available federal funds for . which the proposed project qualifies. We have been informed that there are no federal funds available for the project contemplated by the City. The Authority exists pursuant to Minn. Stat. S 3838.77. As such it has all of the powers of a housing and redevelopment authority existing pursuant to Chapter 469 except as limited by 5 383a.77. The extent to which the Authority can perform its functions in its area of operation (nennepin County) has been divided into three geographic categories by statutorily defined limitations contained in 5 383B.77. The category in which it has its broadest authority to act is in those geographic areas of Hennepin County which are not organized into municipalities and not served by existing housing and redevelopment authorities. Presumably these areas are those rural townships which have not organized themselves into cities. In these areas, the Authority can act without invitation and its peojects are not subject to local approval. 4It The middle category!n which it can exercise its authority to act is in those geographic areas of Hennepin County which are organized into municipalities but which do not have housing and redevelopment authorities. The Authority can act subject to the approval of the city council of the municipality in which its project is located. The category in which its authority is narrowest is in those geographic areas of aennepin County which are organized into munIcipalities and which have existing housing and redevelopment authorities. !n those areas the Authority can exercise its powers only after the local housing and redevelopment authority issues an invitation to it and the proposal is approved by the city council of the municipality in which the project is located. TEL: 1-612-348-3932 Apr 27,95 14:38 No.007 P.07 '--' v BEST & Fr...~N~\.O.AN Ms. Dulcie aagedorn June 13, 1989 page 3 . Because the City does not have a housing and redevelopment authority, the Authority can act subject only to the approval of the City Council. Assuming said approval, the Authority's area of operation for the purposes of the specific project becomes the City of Minnetrista. For the purposes of the project, the Authority becomes the housing and redevelopment authority of the City and can act accordingly. As such, one of its powers is to levy a special benefit tax pursuant to S 469.033(6). The project description submitted to the City Council for approval should contain the Authority's plan to levy such a tax as an integral part of the project. Obviously the other statutory requirements must be followed in the implementation of this taxing authority. One word of caution is in order. If the Authority determines at a later date to levy an additional tax pursuant to S 469.033(6) on a county-wide basis for some other project, there may be a conflict if the county-wide tax t0gether with the Mlnnetrista tax exceeds the levy limit as to Minnetrista. In other words, stacking of special benefit levies pursuant to S 469.033(5) in excess of the statutorily aefined limits is probably prohibited. Whether this is a concern as a practical matter we cannot answer, but we feel that you should be aware of the potential problem. . To summarize, in our opinion, the Authority can levy a special benefit tax within the City for the municipal building project SUbject to the approval of the City Council. ~ours very truly, BE6AN BY 0 oct J. c~.tians't-;: RJC:mas5797V cc: Larry Blackstad Richard Miller TEL~ 1-612-348-3932 Apr 27.95 14:38 No.007 P.D8 v \.....; :.~ .'~. ~i: ....:.1 mT rDt,' ~~ ,., ~ ~ of' the: ~~ *t: "'" 1aJF' the~' mer' . iodi'~ ~ ~: _t ~ oa be '01. .t · iii. ::if~-S1itUtis.. 8ec:BOit'"469.088.-51ihCBviaion S. fa ~- to n!acC" :$;. ..... ~- . OPbATION A.ltSA AS TAXING DlSTlUcr. SPECIAL 'fAX. All of-the fnCIuded witbiza..tbe ana of operatioa ot my authority shaiJ coa:stibate a taxiq . ~ tor ~ tnU'POM at Ift'1inc UId conectfDl' 1pecfa1 b.n4tlIt tax.. sa provided in this - -1lIildIvWoD&. All. it the ta:rahle property, both real aad persouaI. within that tuinr 6triet shaJt be' iteemecl to be beDetited"by profecta to the extent at the spedal taxes laW \Ulder thia aabdiviaioa. Subject to the conaent by reso1utiou of the ~ body ol the dt, in aad tor which It was created. an authority may levy each yeu .. IplMWai tax . an. taxable property. Mila ....r ancl 1tROAaI. . ~ !:bat ta:zinC district. The - iatliority ~..... ~ the tax 110 IGlIqeci \latA ;~al' to b. iIlIRilieci to the auditor' of tfae <OlUlty in which the taxiDc dfatrict is 1oe:ated on or befoze October 10 e3clI 7e31'. !he ~ dJalI be ~ .pread, IUd lncJuded witb aad .. a part of the general taxes tor t-. C01UIt7, &ad' .mtmic:ipaJ ptII'pOIIM by the eotUltJ auditor'. to, be coneeted aad eitlorced .:~- tocether. witb the penalty. iatenst. aud <<l8ta. As the tax. incJudfar allY _.~t!ee. iDtereet, IUd C08t8, is eolJeCted by the eoac.y fzeuurer i1 shaJI be accumulated tUd kept rn a separate fund to be Icnowu as the '"houafnC and 1"edetteIopmeDt project . 'tlutd... 'l'he mCm.r lb the fund s.baIl be turned 0Tel' to the authority at the same time and - fa tile sam. ~ that the tu eol1ec:Cons (01' the city are tnmed o.,er to the dty, IUd .Jiall be e%peDded 1M :!tiN !!l!Y for tIM purpoaes of aectioaa 469.001 to 469.04'1, _ (u - _.cller J:t::- . It I ~ pild out upon 'IOUC:ben signed by the chair 01 the authority ~ III au Npn&eDtatiVe. . 'nte UDOUUt. ot the ,,"ial _ 18'11 ahaII be an &l'DOUDt . .v'od by the pemmc body ot the cfty. Dot ueeed tv. 1_tll ~1I ..Il $lOG ~ " . . '. .0081 t ot taxable market value except .1lIai Ia clUes at the &at eJau havmr . 0'" 200,. e tpKial : .""", olbolt... - In ..... .. .... II" <I -- ... - t ~ r ,j .;Mu .~ ~t of tuab/e market value. '1'be authority lD&yleY)'an additional levy, aot to ,:' GI:eeci lit QR .....iI SlOO ~t po.. tM ~.'1ltity ill 'II. il'Cll\ 'It t ~ 1I.0001J De!'CeDC .Gtta:able marlcet value, to be 1J.Ied to de.ir:sy COIItI ol pl'OTidinr fnlonDatlomil ser'1"ic8 and lItJoc:aQon aaai8taDce sa lI8t forth ID MCtion 462.,wS. subdivision 4. The authority shall ,'.48Ch yar !onnulate lUId tile . budget in acc:ordanc:a with the bud~t procedure at the city . .ja the Ame m&m1eJ' U requi:-ed ot executive departments of the city or, it ao budgets are . ,~ to be tiled. by August 1. 1'h. amount of the tax levy for the following 1etr shan ~ be "bued on that budret and sball be approved by the i'Qveminr body. ........ ,. iat .. ......, br!!!!!!!!!s .......,......... 753 i .. . . TEL: 1-612-348-3932 Rpr 27,95 14:38 No.OO? P.09 ..~ B}'~ST & FLANAGA.~ ATTt)IINI<Y!S ,"'T LAw Ron"..,. L CaclAUT LKf,N'" Nn M. .\un'"GTOOI' ilO"IlKr R. n,""T" N. WALTK. Iilt.u7 AI.J.Jl':N n. ?\.UIN4'~U Rn-ltA1ttt A... PzTRI~f'4,)N Ron"..,. .J. (.'lIltl........."'...H. .r.. F...... .1. '/#,.,:? P8A"K '1....\1. ~'lf""'" W. VA.:f Pun.... .J... DAyltt R. !tfC...."Ul JUIt... .\. RUN'I"UN', ..r". J.AMIt:JS c. DlJL\.'I.MH ao""1<T L.~JC..t.IC..,.rR. Scm-l' D. RI.I..... CnAtH.llUC C.DmlQIr1&T GK/\ItO" O. 1."'M':lfIC E..)"",,,,,,. t.. Fwtr a'lIlcc.:r.u,y H. ~UU~.iS c...1'l'IY {\.I;,......I1. .....T..":" n.i1alfNll.SD\' T'M.....".. ^ S'JI.'"vu Tl":T.I':"'Tl)N"E ("1~ :)l)y -71U1 r.uo<>4Y L. ?u,,'r I'm..,. F. RICK TJ:l:J.l':t~()l'll':n rtllSlI ntlQ. ;:)OY7 TBA("Y IJ. VA" YrI(t:'NIIUlfun D4vtD .J. 7."".... SrXVClt R.J(.ltt."....Jl .JA~,"", I'. ."'IC~l"U.#t PAUl. K.K4....N~IU 01 rect Line: 0500 IDS C~rl ~o Sou'rH f.h'lI. 5-l'lU'IK"'1' MtNN Yo., .....Jw::J NN l5n-&O~' sm:) (612) 341-9710 O..'UKI. R. 'It. S'1SUtOIf c........y J. 1..1..- JUUftI ~. rJuy.... nrJN,:I .r. I".II111"U.,. C":It"1f ~:"kU" (jWY~1& s......Ut .S.OoD.""Y M..."... ft. StiKA '''Cllf (;..,.fCKSfIHB J. CotJ1l:~.n It"'TU ... ~1lL.""", T,,_rT 1!. KoctnKHflUN'KM JIEA."nllr~ M. nr......,"; !I.II... C:lUptolQl MADrMM 11....1<1.. 0. )o(,w". D"vm K..JUttlCWIl ()Ji ~OtN.""~ .Jo.... R. c. ......t. ,'ANH.'"C .11. {)'-"UN ROIlr.,,,. .'1. !i...... .\~J"PlAI.U ~1.r.~f.J(U: CU,AN1."",, .,. nKr.L'i~ W..."u fl (,ICWIttj: J.ucll14 I. nx,... 1"".'_ RuuIC...,. .J. r1.\~-"A1f 11IIO 11)'''' November 9, 1992 . Mr. tarry Blackstad Hennepin County HoUSin9 and . Redevelopment Authoricy A-2308 Hennepin County Government Center MinneapQ1is, Minnesota 55487 RE: Hennepin County Housing and Redevelopment Authority WStackinq" of Minn. Stat. S 469.033, Subd. 0, Special Benefit Tax Levy Authority Dear Mr. 81ackstad: . At your request, I bave reviewed the issue of Wstackinq- the Hennepin County HRA's Minn. Stat. S 469.033, Subd. 6, special benefit tax levy authority with the special benefit tax levy authority of other municipal HRAs in Hennepin 'County. As we have discussed in the past, the Hennepin County BRA has all of the powers of a ERA under Minn. Stac. SS 469.001 to 469.047 with certain limitations (which are somewhat ambiguous) set forth in Minn. Stat. 5 3838.77, Subd. 2 and Subd. 3. Minn. Stat. S 3838.77, Subd. 2, provides, among other things, that Wthe county authority shall not exercise its powers in a municipality where a housing and redevelopment authority is established. . except as provided in this subdivision.. The Hennepin County HRA may exercise any power or perform any function of the municipal authority if requested to do so by the local authority. TEL: 1-612-348-3932 Apr 2?95 14:38 No.OO? P:10 Mr. Larry Blackstad Page 2 November 9, 1992 One of the pOWers granted to a housing and redevelopment authority, including the Hennepin County BRA, is the power to levy special benefit taxes within its area of operation pursuant to Minn. Stat.S 469.033, Subd. 6. The Hennepin County HRA's area of operation is defined in Minn. Stat. S 383B.77, Subd. 1, as the area within the territorial boundaries of Hennepin County. However, because of the limitations set forth in Minn. Stat. S 383B.77, Subd. 2, the ability of the Hennepin County HRA to exercise its powers unilaterally throughout its area of operation is circumscribed. The Hennepin County HRA may exercise its power to levy the special benefit tax on property located in those municipalities without local authorities because there is no invitation requirement. This is in contrast to the Hennepin County HRA's undertaking a project in such a municipality. Minn. Stat. S 383B.77, Subd. 3, distinguishes a project from a power and requires approval by the local governing body before a project can be undertaken. thus, the levy of the general obligation revenue bond tax pursuant to Minn. Stat. S 469.034, Subd. 2 (as opposed to a nonprofit special benefit levy pursuant to Minn. Stat. S 469.033, Sued. 6), must be approved by the local governing bOdy even thouqh it is levied in the Hennepin County BRA's area of operation because it is tied to a specific project, In a municipality with a local authority, the Hennepin County HRA would not be able to levy a special benefit tax pursuant to Minn. Stat. S 469.033, Subd. 6, without that authority'S permission. In addition, the powers of the two authorities do not overlap. Minn. Stat. S 3838.77, Subd. 2, seems to contemplate that either the local authority can exercise a power or the Hennepin County HRA can exercise it in lieu of and with the permission of the local authority or the two authorities can exercise a power jointly or they can divide a power. Thus, insofar as the special benefit tax levy is concerned when there are local authorities involved, there is a limit to the amount which may be levied by the Hennepin County HRA with the local authority's invitation or, if the two authorities agree, the limit can be divided between them. Thus, staCking beyond the total levy limits of ,0131 percent of market value (.0065 for cities of the first class of less than 200,000) and .0013 percent for other defined costs is not permitted. Yours very truly, ~J---F}r-- Robert oJ. Chr'(stianson, Jr. RJC:dlm: GaGON CC: Ms. Dulcie Hagedorn . . TEL: 1-612-348-3932 Apr 27.95 14:38 No.007 P.ll HtntK.ft'L.Cao!cRV L.suMAII" ~. Alt..,,.U1"OJl' Il.cmf!ll'r fl. f1A '''-11 N. WALTRR (~.'A"" AU..." D. &a1<ARn rhc~tI,..." A.. I"1CTK""'JH' RUI'MtfT ~l. CR1h:wT..IlIP;UJf..TJI. 1'BAlIlC .r, 'fIA'.,,- ,1...NII VOOT. M........th W.V... J"lTJ7U.JJI. [J...... '6. lfoltfl" JOJl1f A. rluUTlJ... J.. J....". C.O,1t.."....... aot,"..... r..Mxu....1t..Ut. JUIUTD ..\.Ranc.ltClIKt,i.. ~~.~ 'r-.:lif~,n"''I' 08OJ'f(\. (). ,....lI~l(& E..,lftfUWtt T.""..t.VB (ll~ n. SofJU: CAT11Y ::.. C;":.QldN J>"TJIJ':x n. a"NN~r TIH.)'f1tY A. Stu.',,"t\H t1alAJf 1'. Il":K n....lIl~ R. W. ~...._ T1r.u:r .1. VA.N STXJUltJl""'''" D.6V1D .j. Z....... SrI""".. II. K"U<llla .'..uCItK 1': M:c;HI'.IJf PAil%. i. K,...."1I1U B~ST & Fr....:\.N^GA"N A'j"!'OIlN1!:YS A'r tAW 4000 fo'l~I:i't' RAlIllt PT.^~F. OOt S~(:ON.I ,'\VJl::''llIF. SOUTTI I\1Il'l~KA'P()t.l~. MN' :500'WC ";''')')1 TJl:J.J<:PfTUNJ::: 161Wt OO~-71at T:RT.l<<.'Ul'll..l.. ''''J:':1 nnO-tSSQ7 612-341-9710 G4:tUT 11. l..""H!'fOIf .1unH ~ lloYT.JC ;to"" (;.1'01110111.1. ~....Jr'Ir... 5c,uIUtA (:11'''.11: ~rt""\"V'"",II"" C..'M4p:w.NII .1. \A'''',"N~Y Kit'TI' J.~P:I..."'Cr.!lf n4(,h4"A. X.B.n", 't"""'f:'Y fl. Kocx.UU.'UVK3 .J1I."''''''':1: )f.ll.tllt""J ;'SARAH (;v'~JCI ~AChl'H,)X l'tnJ"!Irr O. ~... OAV") 1I.JO""'~N 'Nlt....A,.. J. MUH..'~ ){!l:u",K1'. L.l)t(". ~1c:x.."'I. H. Pun.: OPCt)OI"''''L .JOHN R. (;""",".t. _.IANUS O. OJ.....,." (WIlIlJt'l' ~.S..... AaI:Utt't\LJ) S'.r."\~~ W....o D. r.xw.'f Direct Dial: .1.......... t .n...... ........... :Bou.1I1' .J. 1'......0\0..11 __ot.. November 22, 1993 . Mr. Larry Blackstad Planning Department HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY A-230a. Hennepin County Government Center Minneapolis, MN 55487 Re: Senior Community Center . Dear Larry: MinnesotA statut~ Section 410.01, provides for the division of cities into the fOllowinq classes; First Class - A city with more than 100,000 inhabitants (with a special provision for Duluth); Second Class - A city with more than 20,000 and not more than 100.000 inhabitants; Third Class -"A city with more than 10,000 and not more than 20,000 inhabitants; and Fourth Class - Those not having 10,000 inhabitants. Based upon the most recent census and the above definitions, Deephaven, Excelsior, GreenwoOd, Shorewood and Tanka Bay are cities of the Fourth Class. The percentage for the special benefit tax is therefore .0131 percent of each city's taxable market value. Each city's taxable market value should be obtainable from each city~ the county assessor or the property tax division of the property tax and public records department of Hennepin County. Yours very truly, 4J-i--fF- Robert J. Christianson, Jr. RJC:rsr:2017v 2 3 ,993 'RE.CENE.O NOll TEL: 1-612-348-3932 Apr 27.95 14:38 No.007 P.12 , I . .a II . . lJ u '. .1...... R. C..II.......1. JAM"'" O. Or.,>"I'I AQCM.U'AI.1) SPIl:HCl':1t ROr'KHT M. !'i.....,,? R"tlI$H"l' 1.. r.llOSnv l.l':uN"'RI> M. Auh'Nu','UM ROJJKHT R. &",rs N. WA,.TIUi CiRA"!" .'\LI~N D. & RNAilD R"~H...JtU A. ~rKltHUN ROO.JeT J. Clf'UHTI...H:SOH. .11t. JlIlAloIK J. W'.ALZ TllnNAlI D. CAltl_'OOH Ji"".. h Van.. ]l.f^'~INi'tH w: VA,. J.UTJes". ..Ju. ./011101 A. nll.."O... oJ". ,1.,,1<>1 C. nll'....~L1U, ~~')J"'llT ~ Mau.l'lll, .h~. ~c.'tn"T D. l:.U-"llf <: II A IILJC:i C,.A iIlillCJIIIl. T Gltlln...~ O. l.t.ll~K.I!: E, JO!u'!_ tJ....V!: III GWY.OOI.y D. SoOLl!: c....rI'y E. C:;ORI.lH PA'''''''':Y B. Rm"WHs:>>y C IIlff""I'I,.., K. $()u;o 'fINo'rror .\.. S01.UV~ uJ\C'MY 1., ?U"T SUIA", F. lUcK D ES'l' & ,FL^~AOA N AT'l'OUNEYS AT r......W :3:50C) IDS ClU'IT1!:R Mnall!:.u'Ol.ts, Mnnu:sOT" !SlS-'~Q. auo TBI.JWHON~ Jel~1 :lOe-7121 T.lt%.T.copum (em, 000-15891' TlfA'~Y .J. V"H STaJl:,,"(IsVHOII DA.V11) J. ZUI!lILll 3TaY1I::!l R. Karro... J4H.&a P. M1cmp.~ P4Ur. lL KAN1,u'KI l!:l.IZADIETH W. VORACU CH:lt&llITQrlus.II .J. C&o.~'UT Ju_ P. ..!S0Y1~ Rn... C. gQltJCau, CK1lbITn1"HZlI C. POY C4JfY.If Sc:Juuca Gl.OY Ell s....Jl.LB. S. Vol>>'lIay June 30, 1989 0. C&>.....u. ClI..t..4U.._" s. nar.ww_ """'''D B. L.&wra ItImWIID Geoaua M.a.LOII.-r I.zox4:aD w: Sr.llOllIlT -- J..u.rlhl r. Bzon- -'-' RO'l!USJft J. F%..o..N"OAM -.II"'~ Mr. Thomas Hay Attorney at Law Dorsey & Whitney, Suite 2200 1st Bank Place East Minneapolis, MN 55402 Re: Hennepin County Housing and Redevelopment Authority - Minnecrista Municipal Build1nq Project . Dear TOIll: tarry Slackstad asked that I send to you two opinion letters concerning the Hennepin County aousinq Authority's taxing authority relative to this particular project. Larry and I met with Thomas Radio, Minnetrista's City Attorney, and Charlotte Paterson on Monday to discuss this project. It appears that the City is prepared to go forward if the Hennepin County HOusing and Redevelopment Authority can levy the special benefic tax pursuant to Minnesota Statutes S 469.033, subd. 6. r explained to Mr. Radio that ~hese opin~ons were r,endered by Best & E'lanagan as counsel to the Housing Authority, but that r was sure that you as bond counsel woulq have to render a similar opinion. Please review these two opinions and l~t me know if you conCUr wich our thou~hts on th~ subject. If you have any questions, please call me. Thank you. /iUjrUIY\J . Robert J. Christianson, Jr. . RJC: jg: 5922V-3 Enclosures ce. DUlcie Hagedorn Larry Blackstad Richard Miller . . 04-24-1995 01:55PM FROM Hennepin Co Planning/Dev TO **4740128 P.01 FAEGRE & PROF"e;S810NIU. I.IMITED .. uoo NoRVIEST Cmmm. 90 , i : i I I I I i April 20, 1995 t : ! , ! Mr. Thomas J IFalstad Directbr. Off'~e of Budget and Finance A-2301 Henn~in County Government Center Minn~polis, ~inneSota 55487-7970 ; I : i i I : Re: i South shore Senior Community Center Financing ! I , I ! j : i Dear tom.' : i i! j I : We ha# reviewed the materials you sent regarding the proposal by the Cities of Shoretood, E!*elsior, Tonka Bay, Deephaven and Greenwood (the <<Cities") to establish the South~ore ~ior Community Center (the "Center"). Under the proposal, the Hennepin Coun~ Housi~$ . and Redevelopment Autho~~ would issue bonds to finance a ~ortion of the cost of:cons~c#ion of the Center. and the Cities have requested that the Authonty levy a tax in the Cities of ~horewood and Excelsior to provide for repayment of the bonds. : i :In our ~~inion. the Authority may issue bonds for a senior community center under the provisions of ~ Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 46~.I165. However, we do not believe the Authority is permitted. under current law to levy!a tax iti bnly two cities within its area of operation. This letter addresses the two questidns in oi4er. : i . : I . Finan~ing Se~"r Community Center i I . I , The M~Jicipa1 Industrial Development Act, Minnesota Statutes, Sections 469.152 to · 469.165, as ani4nded, provides broad authority to finance '(any properties. real or personal. . used or usefuJi* connection with a revenue producing enterprise." Minn. Stat. ~ 469.153, Subd. 2(b). n~ Authority is a "redevelopment agency" authorized to undertake projects and . , I . . issue bonds puriuant to the Act. Minn. Stat. ~ 469.153. Subd. 4. Under the Ac~ one or more , local ueits of ~t. such as the Cities. may be the "00-8 party" that undcrta1aos . project; and thr ruthority may enter into intergovernmental agreements with other : municipalities,: such as the Cities, in connection with the construction and financing of a . , I , project~ See Minn. Stat. ~~ 469.153, Subd. 8; 469.155, Subd. 9. TEt..EP-.a 412 MCSIMJLE 412. BRucEM.BA~ 6' 2r.J38.326& ~j""otdpOli$ OelfW'r J}IB Moi.."" Wi!l$hi,.gton, D.C. Lorulorr Frlfl"'fNrt AI",,,,,, i I . ! 04-24-1995 01:56PM FROM Hennepin Co Planning/Dev TO **4740128 P. 02 . : i . ~ j Mr. Thomas J~ Falstad .: i I Apn120. 1995 ! Page 2 . 1 i I , , . i i . The A~ requires that the Authority enter into a revenue agreement with a contracting party tp provi~e for repayment of bonds issued to finance a project. See Minn. Stat. f 469.~SS, S#S. 2; s. 6. Typically. a revenue agreement is in the fonn oia loan agreement or financing l~. Except for its interest in the revenue agreement, however. the Authority may not Pled~, any of its funds, pro~rty or taxing power to the payment of bonds issued under the Act! jMinn. Stat. ~ 469.162. : ; I; Under !~e Act. the Authority could finance the Center by issuing bonds repayable under a reveni1~ agreement with some or all of the Cities, The revenue agreement could be structtired to ~ply any designated revenues. including the proceeds of a general or special tax imposed by ~ Cities or the Authority (if otherwise pennitted). to the payment of the bonds. As discussed ~low. however, we have been unable to conclude that the Authority is permitted to 1m such a tax. :i ~ Authrlrity's *~ng Power . I . Under;:rkinnesota Statutes, Section 469.033. Subdivision 6, "[a]ll of the territory includbd'with1rl the area of operation of any authority shall constitute a taxing district." "[a]l1 of the 1taxablei~ro~rty, both real and personal. wi~ that taxi?g district shall be deemed ~ be benefited ~ proJectsJundertaken by the authonty]." and, With the consent of the govemmg body .qfthe g~..,emmenta1 jurisdiction in which it is located, "an authority may levy .a tax upon all taxable prq~erty within that taxing district." Therefore, with the consent of the Hennepin County Board,lthe Authority may impose a special benefit tax upon all taxable property within its <<ar~ of op;fation." The ~fficulty i~ applying this ~thority to the propo~ to. establi~ the SouthShore S~lor Community Center IS that the Authonty's "area of operation" IS the entlfe CountY. See Minn. Stat. ~~ 383B.77, Subd. 1; 469.005, Subd. 1. There is no provision permitting th~ ~pecial benefit tax to be levied and spread in only a limited area, such as two cities. Altho~~ Section 469.033. Subdivision 6. refers to the "city" in numerous places. Secti~ 383B;,7. Subdivision I, provides, '<Por the purposes of applying ~e municipal ~ housing and ai:development act (Sections 469.001 to 469.047] to Hennepm county, the county has ali of the ~wers and duties of a city. the county board has all the powers and duties of a gover11ing bodt. [and] the chair of the county board has all of the powers and duties ofa mayor." We t&bte that Section 469.034, Subdivision 2, permits an authority to issue bonds for housing pcoje\clS and pledge the full faith and credit of the host city as additional security for the bonds, but ~e proposed Center is not a "qualified housing development project" for which such h9nds may be issued. In view of the statutory requirement that the special ben~t tax be levied jJ the entire county. we are unable to conclude that the Authority may impose a tax in the Ci# of Shorewood and Excelsior to finance the Center as proposed. ; i . ! I 04-24-1995 01:56PM FROM Hennepin Co Planning/Dev TO ~4740128 P.03 Mr. Thomas It Falstad April io, 1995 ! . I Page 3 . . I Alternative ~Lctures . Becau~ of the limitations on the Authority's taxing power described above, it appears that taXes or d,ther revenues pledged to repay bonds issued for the Center must be provided by the affected d'es. Minnesota Statutes, Sections 471.15 to 471.191, permit cities to ~ undertake rec~ . onal programs and to acquire and construct recreation facilities, which are broadly defin! in Section 471.191, Subdivision 1, to include, in addition to traditional playground, s#mming and skating facilities, "concert halls, museums, and facilities for other kinds of athletic or cultural participation, contests, and exhibitions." This broad definition may include ~ Jemor community center within its application. Under Section 471.191, Subdivision 2ll.. city may issue general obligation bond~ gross revenue bonds or net revenue I bonds to finaIide recreational facilities. While the Cities could issue such bonds directly, if participation ~ the Authority is desired, the authority in Sections 471.15 to 471.191 can be combined wi~lthe Authority's bond issuance powers under the Act as described above, as the Authority is Pftmitted under ~ection 469.1 53, ~ubdivision zq) to purchase. the obli~ons of local govemni~ts. If the pohcymakers so deSIre. the Authonty could prOVide credlt enhancement fcor its bonds with a moral obligation of the County. as was done for the Community Pt+viders Program bonds. : i . , I WOul~~be happy to meet with you, representatives of the Authority and representativCfl of the Cities to discuss the conclusions in this letter. I would also note that the tax freeze legis ation pending at the Minnesota Legislature may affect the ability to undertake the financjn~ ; escribed in this letter. . i : , ! I . , ; I . i Very truly yours, ~~ cc: : i . i ; ! ; i J i , Phil E~ihert Jim U(. Dave Lawless , I Mark Ch--in , j"'t' Pam F~gen Walt Q+ffY : I . J . ! Bruce M. Batterson , . TOTAL P.03 . . lJ, i'\{ \ S , ,1"'\ \cae:, \........,Jv MEMORANDUM LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Attorneys at Law 1500 Norwest FinancIal Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Telephone: (612) 835-3800 FAX: (612) 896-3333 TO: Mayor Bob Bean Members of the City Council FROM: Tim Keane, City Attorney DATE: May 9, 1995 RE: Rental Housing Code Compliance In April 1993, the City of Shore wood adopted the Rental Housing Code, Shorewood Code of Ordinances Chapter 1004 et seq. The Rental Housing Code provided that each rental dwelling unit within the City conform to the requirements of the Rental Housing Code including the application and licensing of all rental units. After much persistence and patience by City staff, the City has secured license compliance for 133 of the total of 137 rental units within the City (see attached). This memo is to advise you that the next level of enforcement is to issue a compliance order. The failure to satisfy compliance or appropriately appeal within five days would result in the City bringing about criminal enforcement. The Rental Housing Code provides violations of the Code to be a criminal misdemeanor with penalties up to $700 and 90 days in jail. 0096192.01 .4-13~' Scott Gysland 4812 Femcroft Drive Shorewood. l\1N 55331 O. Charles Brown 6145 Lake Virginia Drive Shorewood. MN 55331 . DE and VE Tompkins 5640 Wood Duck Circle Shorewood. MN 55331 (cert. letter not claimed) Mark Bohn 5565 Shorewood Lane Shorewood. MN 55331 . JAMES ~. LARKIN ROBERT l. HOFFMAN JACK F. OALY D. KENNETH LINDGREN GERALD H. FRIEDEll AllAN E. MUlliGAN JAMES C. ERICKSON EDWARD J. DRISCOll GENE N. FUllER JOHN D. FUllMER ROBERT E. BOYLE FRANK I. HARVEY CHARLES S. MODELL CHRISTOPHER J. DIETZeN JOHN R. BEATTIE UNOA H. FISHER THOMAS P. STOLTMAN MICHAEL C. JACKMAN JOHN E. DIEHL JON S. S'MERZEWSKI THOMAS J. FLYNN JAMES P. QUINN TODD I. FREEMAN PETER K. BECK GERALD L SECK JOHN 8. LUNOOUIST DAYLE NOLAN . JOHN A. COTTER- BEATRICE A ROTHWEILER PAUL B. PLUNKETT AlAN L. KIlDOW KATHLEEN M. PICOTTE NEWMAN MICHAEL B. LEBARON GREGORY E. KORSTAO GARY A. VAH CLEVE- DANIEL L BOWLES TIMOTHY J. MCMANUS TIMOTHY J. KEANE May 15, 1995 . LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORWEST FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431-1194 TELEPHONE (612) 835-3800 FAX (612) 896-3333 " \ V .,:.:.':;- \;\r.\ VIA FACSIMILE AND U.S.MAIL Mr. James Hurm, City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: City of Shorewood v. Ronald Johnson Our File No.: 18,636-11 Dear Jim: ALAN M. ANDERSON DONNA L ROBACK MICHAEL w. SCHLEY TERRENCe E. BISHOP L1SAA GRAY GARY A RENNEKE CHRISTOPHER J. HARRISTHAl MICHAEl. A ROBERTSON BRlICE J. OOI:IGU\S WILlIAM C. GRIFFITH. JR. JOHN J. STEFFENHAGEN DANIEl W. VOSS JOHN R. HILL PETER J. COYlE MICHAEL J. SMITH VILIS R. lNOE DWIGHT N. HOlMllO ANOREWF. PERRIN ANN M. MEYER FREDERICK K. HAUSER III LARRY O. MARTIN JANE e. BREMER RENEE L JACKSON CHRISTOPHER K. LARUS MARCY R. KREISMAN MARIEl E. PIILDlA DAMON E. SCHRAMM STEPHEN J. KAMINSKI RACHAEl A JAROSH AMEUA A BUHARIN THOMAS F. AlEXANDER DANIEL T. KADlEC SHARNA A. WAHLGReN OF COUNSEl WENDEll R. ANDERSON JOSEPH GinS . AlSO ADMITTED IN WISCONSIN . Enclosed is a copy of the decision of the Court of Appeals which affirms the decision of the district court that attorney fees arising from an appeal will not be allowed by statute. Pursuant to Rule 139, the City has 15 days after the filing of the decision, which is May 16, 1995, to serve notification of taxation of costs and disbursements. It is my recommendation that we do so. Please let me know immediately whether we are authorized to prepare the appropriate papers to serve the notice of taxation of costs and disbursements. Christopher J. Dietzen, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Enclosure cc: Timothy Keane, Esq. Daniel W. Voss, Esq. 0097309.01 -:;\: l~b I ", ~ ! ." .... ..- ...._..........~..... '- _n.... '-''1 I.. ;,' .::':t .;. ..' '. ; . ! i ' 'STATE OF MINNESOTA . C'; ; ) f '. ~. ~: t ...: ' '; ~ ~ : t J P ; . ~'; \ ; ?'. IN COURT OF APPEALS \ ! '::' . \,; ': ~ . ~ ... \_\ .,. -..... ".'.--. -,.. ........~ ..._...-..~..-.........-..._..~. CX-94-2056 Hennepin County Dist. Ct. File 9118099 Davies, Judge Ronald R. Johnson, et al., Appellants, John F. Bonner III Bradley A. Kletscher parsinen, Bowman & Levy 100 S. Fifth St., Suite 1100 Minneapolis, MN 55402 vs. City of Shore wood and the Shorewood City Council, et al., Respondents. Christopher J. Dietzen Timothy J. Keane Daniel W. Voss Larkin, Hoffman, Daly & Lindgren 1500 Norwest Financial Center 7900 Xerxes Ave. S. Bloomington, MN 55431 . Filed May 16, 1995 Office of Appellate Courts S Y L LAB U S 1. An order denying attorney fees in an eminent domain proceeding is appealable pursuant to Minn. R. Civ. App. P. 103.03(g). . 2. The better practice is to bring claims for attorney fees arising from an appeal in the appellate cou~t. 3. In eminent domain case, attorney fees arising from an appeal will not be allowed where not specifically authorized under Minn. Stat. ~ 117.045 (1992). Affirmed. . . Considered and decided by Davies, Presiding Judge, Randall, Judge, and Mulally, Judge.. o PIN ION DAVIES, Judge Appellants Ronald R. Johnson, et al., moved the district court for costs and attorney fees incurred on an earlier appeal. The district court denied the motion. We affirm. FACTS Respondent City of Shorewood (city) constructed a flood control pond and related structure. BecaUAe the pond spread onto appellants' property during high water, appellants petitioned for a writ of mandamus to compel inverse condemnation proceedings. After a hearing, the district court issued the writ. It also awarded appellants attorney fees, costs, and expenses pursuant to Minn. Stat. ~ 117.045 (1992). City appealed. This court affirmed, and the supreme court denied review. Johnsonv. City of Shorewood, No. CX-93-2452 (Minn. App. May 17, 1994), pet. for rev. denied (Minn. July 15, 1994). In a motion dated July 29, 1994, appellants asked the district court to award costs and attorney fees incurred in the above appeal. The district court denied appellants' motion. This appeal followed. . Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Canst. art. VI, ~ 10. -2- ISSUES I. Is the district court order denying costs and attorney fees appealable? II. Maya party seek from the district court an award of attorney fees incurred on appeal? III. Are appellants entitled to costs and attorney fees incurred on appeal in an action pursuant to Minn. Stat. ~ 117.045 (1992)? ANALYSIS !. -3- . . City argues that because appellants did not ask this court to tax costs and ~ssess attorney fees within 15 days after the filing of this court's decision, appellants' motion was untimely under Minn. R. Civ. App. P. 139.03. Appellants were not, however, seeking to recover the costs and disbursements authorized by Minn. R. Civ. App. P. 139.03, but rather to recover pursuant to the independent authorization of Minn. Stat. ~ 117.045. Thus, the time limit in Minn. R. Civ. App. P. 139.03 would not apply to appellants' request for attorney fees. II. A related question is whether appellants properly applied to the district court, rather than to this court, for attorney fees incurred on the previous appeal. Minn. Stat. ~ 117.045 provides that, if successful in bringing an action, a person may petition "the court" for reimbursement of reasonable attorney fees incurred in bringing the action. There is conflicting authority on which is the proper court. Compare Hughes v. Sinclair Mktg., Inc., 389 N.W.2d 194, 200 (Minn. 1986) (in Franchise Act suits, better practice is for appellate courts themselves to determine appropriate attorney fees for appeals portion of lawsuit) with Federated Mut. Ins. v. Concrete Units, Inc., 363 N.W.2d 751, 757 (Minn. 1985) (remanding for trial court to award attorney fees incurred both on appeal and at trial). We believe Federated Mutual can be explained simply as a decision of the supreme court to delegate the -4- . . -5- ... .. ~ . Inc., 375 N.W.2d 875, 880 (Minn. App. 1985), arr'd in part, rev'd in part, 389 N.W.2d 194 (Minn. 1986). Minn. Stat. ~ 117.045 (1992) provides that, upon bringing a successful action to compel eminent domain proceedings, such person shall be entitled to petition the court for reimbursement for reasonable costs and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred in bringing such action. Appellants contend that the plain language of the statute supports their claim, as does its purpose, which is lito assure . that any landowner who is forced to take legal action against an acquiring authority is made whole." See Spaetb, 344 N.W.2d at 823 (explaining the purpose of section 117.045). Appellants distinguish Carlson as applying only when condemnation proceedings are initiated by the government. But this case, appellants argue, involves Minn. Stat. ~ 117.045, which applies to proceedings where the landowner seeks initiation of condemnation. Appellants also argue that, unlike Carlson, their costs were incurred because of the city's appeal of the inverse . condemnation decision, not their own appeal. Despite appellants' arguments, we must follow Carlson, which interpreted similar language in,the same chapter and held that an award for attorney fees on appeal is not authorized. 265 N.W.2d at 207. Consistent with Carlson, which holds that Minn. Stat. ch. 117 does not specifically allow attorney fees on appeal, we affirm. -6- Appellants seek attorney fees on this appeal. In light of ..... our decision/w~"'de.tly appellants' request. .t / .:;,,, /' .i,'~~:';l DECISION ~.., f""')' / The/a$G~sion of the district court denying attorney fees for ,,/l ...~.~ ../' " "t.,_", " the ear'+.~er ~ppeal is affirmed. Appellants' motion for attorneys .,:"~... ~.: t .. · ... .t- fees, on bhisappe:al is denied. Af f irmed'~ . ~,. ~ /' ~~ ge Jack Davies May 8, 1995 -7- ... II # . . June 1995 Thursday Friday Saturday. 11 2 3 4() 567 7: 00 Planning 7: 30 Council Exec. Conmission Mtg Session - Johnson mediation 8 9 10 11 120 13 7 :30 City Council 7 :30 Park Commission Meeting 14 15 16 17 18 19 () 20 21 221 23 24 Father's Day 7:00 Planning Commission Study Session i 25 26- 27 28 29 30 7:30 City Council Meeting July 1995 Saturday 11 Independence Day 8 9 10 11 0 7:30 City Council 7:30 Park Conunission Meeting 12 131 14 15 16 17 18 19 () 20 21 22 7: 00 Planning Commission Study Session 23 24 25 26- 27 28 29 7:30 City Council Meeting 30 31 August 1995 Tuesday 7: 00 Planninq Connission Ktg 1 Wednesday Thursday 2!f) 3 Friday Saturday 4 5 81 7:30 Park Commission 9 100 11 121 I 131 14 15' 16 17 () 18, 19 17:30 City Council 7:00 Planninq Meeting Commission Study Session I I I 20 21 22 23 24 25- 26 . I I 27 281 29 30 31 7:30 City Council ' Meeting . ". -.... . CKNO 16021 16022 16023 16024 16025 16026 16027 16028 16029 16030 16031 16032 16033 16034 16035 16036 16037 16038 16039 16040 16041 16042 16043 16044 16045 16046 16047 16048 16049 16050 16051 16052 16053 16054 16055 16056 16057 16058 16059 16060 16061 . CHECK APPROVAL LISTING FOR MAY 22, 1995 COUNCIL MEETING CHECKS ISSUED SINCE MAY 10. 1995 TO WHOM ISSUED PlJAPC6E BROWNING FERRIS IND MAY RECYCUNG LEAGUE OF MN CITIES ANNUAL LMC CONFERENCE MAMA MAMA LUNCH METRO COUNCIL WASTEWATER APRIL SAC NORTHERN STATES POWER UTIUT1ES PEPSI COLA CO POP MACHINE RENTAL SUPERAMERICA FUR TOTAL REGISTER SYSTEMS SUPPUES BElLBOY CORP lIQUORIMISClSUPPLlES . MIDWEST COCA-GOLA MISC DAY DISTRIBUTING BEER/MISC EAST SIDE BEVERAGE CO BEER/MISC GRIGGS, COOPER & CO L1QUOR/WINE JOHNSON BRCS UQUOR lIQUOR/WINE LAKE REGION VENDING MISC MARK VII BEER/MISC NORTH STAR ICE MISC PHILLIPS WINE & SPIRITS WINE QUALITY WINE & SPIRITS L1QUOR/WINE THORPE DISTRIBUTION CO BEER/MISC PAUL STILLER CONNECTION FEE REFUND FIRST STATE BANK FED/FICA TAX PERA PERA ICMA RETIREMENT TRUST -457 DEFERRED COMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS CHILD SUPPORT ENFORCEMENT CHILD SUPPORT C. DAVIS ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT C. SCHMID MN DEPf OF REVENUE APRIL SALES TAX MN DEPT OF REVENUE STATE TAX WITHHELD KATHLEEN HEBERT SEC 125 REIMB THERESA NAAB SEC 125 REIMB BRADlEY NIRSEN SEC 125 REIMB NORTHERN STATES POWER UTIUT1ES JOSEPH PAZANDAK SEC 125 REIMB/MILEAGE/FILM PEPSI COLA COMPANY MISC PETTY CASH SPRING CLEAN UP US WEST COMMUNICATIONS LAWRENCE NICCUM MILEAGE/PARKING AIR REFRIGERATION FURNACE CLEANING/REPAIR BELlBOY CORP lIQUOR/MISC EAST SIDE BEVERAGE CO BEER/MISC AMOUNT $27.00 235.00 13.50 841.50 815.73 11.53 884.52 89.72 2,171.7-S- 620.27 2,708.30 3,043.30 3,978.52 566.34 150.39 6,855.67 126.00 679.60 1,352.51 9,684.65 400.00 6,848.16 2,128.66 864.98 477.00 98.50 139.44 9,555.00 1,162.04 192.31 159.83 100.00 459.81 396.78 96.75 300.00 48.93 56.10 499.00 2,266.42 4,700.55 Page 1 *(~ . . CKNO 16062 16063 16064 16065 16066 CHECK APPROVAL LISTING FOR MAY 22, 1995 COUNCIL MEETING CHECKS ISSUED SINCE MAY 10.1995 TO WHOM ISSUED GRIGGS, COOPER & CO JOHNSON BROS LIQUOR CO LAKE REGION VENDING CO PHILLIPS WINE & SPIRITS THE VICTORIA GAZElTE PLJAFa3E L10UORIWINE L10UORIWINE MISC L10UORIWINE ADVER1lSING TOTAL CHECKS ISSUED Page 2 AMOUNT 1,868.37 1,620.82 267.36 878.98 46.25 ~ CITY OF SHOREWOOD CHECK APPROVAL LIST FOR MAY 22, 1995 COUNCIL MTG. CHECKJ:t: VENDOR NAME DESCRIPTION -----.--------------.------ ----------------------~- 16067 ALL STEEL PRODUCTS CO. CUL \/ERTS 16068 BIFFS, INC. PORTABLE TOILET RENTAL 16069 CHANHASSEN-CITY OF 1ST QTR ANIMAL CONTROL 16070 COMPUTER CITY COMPUTER-PROTo INSP. 16071 CROSSTOWN-OCS, INC. COFFEE SUPPLIES 16072 ESI COMMUNICATIONS RECONNECTED PHONE .16073 ERICKSON, ROLF E.A. ASSESSOR FEES ASSESSOR SUPPLIES TOTAL FOR ERICKSON, ROLF E.A. . .16074 E-l RECYCLING INC. *** APRIL RECYCLING .16075 FEED-RITE CONTROLS, INC. CONTAINER RENTAL .16076 FINA FLEET FUELING FUEL .16077 FISHER ENTERPRISE BLACK DIRT DEPT. Af10UNT STREETS 2.18.86 PARKS & 942.69 PROT INS 3,457.80 -----~._-,- 2,809.47 MUN SLOG 87.75 MUN SLOG 76.50 PROF SER 3,449.05 PROF SER 75.73 3,524.78 RECYCLIN 4,370,,00 WATER DE 5,,00 CITY GAR 39.1,,9.1 STREETS 89.46 .16078 GOPHER STATE ONE-CALL, IN ONE CALL SERVICE JAN-APR WATER DE .16079 JIM HATCH SALES CO. SAFETY HELMETS 9.1.00 CITY GAR 8.1.83 .16080 HENNEPIN COUNTY TREASURER UTILITIES ASSESSED 2 TAX SEWER DE .1608.1 KAR PRODUCTS .16082 LARKIN, HOFFMAN, DALY... SHOP SUPPLIES MARCH LEGAL MARCH LEGAL MARCH LEGAL MARCH LEGAL FOR LARKIN, HOFFMAN, DAL *** TOTAL .16083 LIFE AND SAFETY SHOP SUPPLIES .16084 t1 ~ I TELECOMf1UNICATIONS APRIL LONG DISTANCE .16085 MAC WAREHOUSE TRANSCEIVER .16086 METRO COUNCIL WASTEWATER JUNE TREATMENT CHARGES .16087 METRO WEST INSPECTION SVC 8LDG INSPECTIONS .16088 MIDWEST ASPHALT CORP. ASPHALT 16089 MIDWEST 8USINESS PRODUCTS OFFICE SUPPLIES 16090 CELLULAR ONE ACCESS & MISC CHARGES Page 3 .107,,80 CITY GAR .109.07 PROF SER .1,727.94 PROF SER . .1,.1.13.96 SEWER DE 704.50 -------- .108.00 3,654.40 CITY GAR 62.42 HUN SLOG 5.99 -------- 56.00 SEWER DE 35,569,,00 PROT INS 280.00 STREETS 539..87 GEN GOVT 378.87 4(~ ,. f.~':) CITY OF SHOREWOOD CHECK APPROVAL LIST FOR MAY 22, 1995 COUNCIL MTG. CHECK I VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ -------- ----------- 16091 MINNCOMM PAGING MAY PAGER .14.38 16092 MINNESOTA PLAYGROUND, INC. VOLLEYBALL NET-MANOR PK PARKS & 16093 DEPT OF PUBLIC SAFETY HAZ CHEMICALS INV FEE 16094 MCFOA 77.34 , v.JA TE:R DE 500.00 l1Et1BERSHIP DUE 7/95-6/96 GEN GOVT 30.00 16095 MUNITECH, INC. JUNE MAINTENANCE JUNE MAINTENANCE *** TOTAL FOR MUNITECH, INC. 16096 NEENAH FOUNDRY COMPANY GRATES . 16097 ORI~,SCHELEN,MAYERm..j/ASSOC FEB ENG SERVICES FEB ENG SERl,l ICES *** TOTAL FOR ORR,SCHELEN,MAYERON/ 16098 POMMER COMPANY, INC. PLAQUE/ENGF~AVING 16099 POTTS, KENNETH N. APRIL PROSECUTIONS 16100 POWER BRAKE AND EQUIPMENT MARKER LIGHTS 16101 RIVER VALLEY AUTO PARTS EQUIP MAINT 16102 SHOREWOOD TREE SERVICE TREE REMOVAL/HAULING 16103 SO LK MTKA PUB SAFETY DEP JUNE PAYMENT .16104 STAR TRIBUNE HELP WANTED AD-CLERICAL 16105 THOMAS MFG COMPANY, INC. PICNIC TABLE LEGS 16106 TIME SAVER OFF SITE SEC MINUTES MINUTES -- 4326 *** TOTAL FOR TIME SAVER OFF SITE 16107 TWIN .CITY WATER CLINIC I/JATER TESTHKI 16108 UNITOG RENTAL SERVICES UNIFORMS 16109 VESSCO, INC. WATER DE 4,030.00 SEWER DE 2,170.00 6,200.00 STREETS 125.67 -------- 5,314.75 WATER DE 2,400.75 7,715.50 GEN GOVT .151.55 PROF SER 1,458.33 CITY GAR 24.61 PUB v./KS 37.23 TREE MAl 256.50 POLICE P 35,301.75 GEN GOVT 216.00 PARKS & 718.92 GEN GOVT 245.00 PLANNING 156.00 401.00 I/JA TER DE 20.00 CITY GAR 380.35 REPAIR CHLORINATOR-BLDR WATER DE 564.73 16110 WAYZATA LAWN MOWER TORO LAv./N MOWER 16111 WITT FINANCIAL MISC SERVICES PROJECTS 2,513.40 F I i'1f:~NCE 241.50 16112 MN SUN PUBLICATIONS HELP WANTED/LEGAL ADS GEN GOVT 251.94 LEGAL ADS -------- 14.46 *** TOTAL FOR MN SUN PUBLICATIONS 326.40 Pag;e 4 CITY OF SHOREWOOO CHECK APPROVAL LIST FOR MAY 22, 1995 COUNCIL MTG. CHECKfI: VEf-JOOR NAt1E DESCRIPTION OEPT. AMOUNT -------~ ----.----------.----------- -----------"------------- ~------- -----------. ;jcjcl< TOTAL CHECKS FOR APPROVAL 114. 238 .~,2 *** TOTAL CHEC.K APPROVAL LIST 184.726.34 . . .. J. . '" C H E C K. R E G I S T E R CHECK CHECK Ei"'1PLOYEE NAME CHECK CHECK. TYPE DATE NUMBER NUMBER AMOUNT COM ,- 16 95 70 KIMBERLY l' ALLEN 209392 44"32 ...) H. COM 5 16 95 120 ROBERT B. BEAI'! 209393 230"87 COM 5 16 ':,1.5 125 BRUCE E. SENSON 209394 184.70 COM L'; 16 95 230 CHRISTOPHEI~ M. CAREY 209395 398.02 -.J COM 5 16 95 375 JODI f~ .. DALLMAN 209396 134.88 COt'! 5 16 95 500 CHARLES S. DAVIS 209397 615.88 COM .5 16 95 775 .J AME S C. EAKINS 209398 654.63 COM -5 16 95 870 KELLY P. FLANAGAN 209399 78.96 COM 5 .l6 95 1001 .JOHN M. FRUTH 209400 73.93 COM 5 1': 95 1.105 KERI ANNE GRAF 209401 .1.17.74 .0 COM 5 16 95 .1.170 MARLENE s. HAPTONSTALL 209402 333.06 COM 5 16 95 1.190 KATHLEEN (~ . HEBERT 209403 583.94 COM 5 .16 95 .1400 PATRICIA R. HELGESEN 209404 861.8.1 COM 50 16 95 .14.15 SHAWN D. HEMPEL 209405 147.57 COM 5 .16 95 .1550 JAMES C" HURM 209406 .16.19~93 COM .5 16 95 1601 BRIAN D. .J AKEL 209407 53.19 . COM 5 .16 95 .1700 JEFFREY A. JENSEN 209408 724"72 COM 5 .16 95 1800 DENNIS D. JOHNSON 209409 797"18 COM -t:: 16 95 .1940 LOREN A. .JONES 209410 161.9.5 -.J COM 5 16 95 1950 MARTIN L., JONES 209411 54.11 COM L'; 16 95 2100 IAlILLIAM F. JOSEPHSON 2094.12 632M19 -.J COM .5 .16 95 2212 MARY BETH Ki'!OPIK 2094.13 88.66 C011 .5 16 95 2500 SUSAN M. LATTERNER 209414 313.,59 COM 5 16 9.5 2555 TAMM".,' I:: LENZEN 209415 99.57 COM 5 16 95 2800 JOSEPH P. LUGOWSKI 209416 819.56 COt1 5 16 95 2875 DOUGLAS J" MALAM 209417 184.70 COM .5 16 95 2900 RUSSELL R. MARRON 209418 44.4.5 COM t: .16 95 2930 JENNIFER T" MCCARTY 209419 182.05 .J COM 5 16 95 295.5 CHRISTOPHER M. MCNE(~L 209420 130"22 COM 5 16 95 3000 THERESA L. N(~AB 209421 642.59 COM 5 16 95 3100 LAWRENCE A. NICCUM 209422 894.78 COM 5 16 95 3400 BRADLEY J" NIELSEN 209423 1070.10 COM c: 16 95 3500 JOSEPH E" PAZANDAK 209424 1027.02 . ...:J COM 5 16 95 3600 DANIEL J. RANDALL 209425 858.62 COM 5 16 95 3701 BRIAN M" ROERICK 209426 139"73 COM 5 16 95 3800 ALAN J. ROLEK 209427 .1186.39 COM .5 16 9.5 3900 CHRISTOPHER E. SCHMID 209428 411_60 COM 5 16 95 3910 R CONRAD SCHMID 209429 38.79 COM 5 16 95 4190 DANA G. SHAW 209430 .120..52 COM .5 16 95 4500 KRISTI STOVER 209431 .184.70 COM .5 16 95 4600 BEVERLY J" \lON FELDT 209432 605.94 COM 5 16 95 4750 RALPH A. WEHLE 209433 655.07 COM 5 16 95 4900 DEAN H. YOUNG 209434 656"84 COM 5 .16 95 5000 DONALD E. ZDRAZIL 209435 .1231.35 **:**TOTALS**** 20090" 4:2 Page 6 t CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 2, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. '- MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:01p.m. ROLL CALL Present: Chair Borkon; Commissioners Kolstad, Lizee, Pisula, Rosenberger, and Turgeon; Council Liaison Benson and Planning Director Nielsen. Absent: Commissioner Foust. APPROV AL OF MINUTES Rosenberger moved, Kolstad seconded to approve the April 18, 1995 Commission meeting minutes. Motion passed 7/0. 1. 7:00 PUBLIC HEARING - CONCEPT STAGE PLAN - SHOREWOOD PROPERTIES P.U.D. Applicant: Location: Lundgren Bros., Inc. 76.5 acres north of Smithtown Road west of Minnewashta School Chair Borkon announced the case and outlined the procedures for a public hearing. Nielsen reviewed the background related to the applicant's request for concept stage approval of a planned unit development to subdivide approximately 75.4 acres of land, located north of Smithtown Road and west of Minnewashta Elementary School into 33 single-family residential lots. The property contains 42.6 acres of designated wetlands. He indicated the developer had requested a Comprehensive Plan amendment for the property in 1994 to allow a density of 1.3 units per 40,000 square feet of land area with 38 lots. The current proposal has a density of 1.1 units per 40,000 with 33 lots, which is allowable by utilizing a P.D.D. Nielsen indicated the developer was requesting the front-yard setbacks be 30 feet rather than the required 50 feet. This is allowable under the P. D.D. but staff is recommending the setback be established at 35 feet. The plan proposes a looped circulation system for the area which is consistent with the Comprehensive Plan. All lots, with the exception of Lot 6, conform to the wetland setback which consists of a 35 foot buffer area and a 15 foot building setback. He indicated there is concern with development of the peninsula area in regards to the placement of the driveway, the hard cover surface limitation, separation of the two homes, and landscaping. Nielsen indicated the developer is proposing to do a custom grading plan to fit the homes into the sites and maintain the natural wooded areas. A tree inventory must be submitted, with the City determining how many trees should be required for the new lots. It will also be required that landscape consideration be given to the rear lots to soften the view of the homes along the wetlands. There is consideration whether the extension of the water main along Smithtown Road from Cajed Lane to Cathcart Drive, should take place on the north or south side of Smithtown. The developer and the School District have not yet reached agreement as to the location of the water tower. The new lots will be charged $10,000.00 per lot connection and trunk fee, and the existing home will be charged a $5,000.00 assessment only. Nielsen explained the City has a policy in regards to development, that the rate of run-off from a project cannot exceed the rate prior to the development. He also indicated it may be appropriate to have. the area along Smithtown Road, which is left open space as part of the P.D.D., dedicated for public use. John Shardlow, Dahlgren, Shardlow and Uban, Inc., displayed the concept plan for consideration. ~ PLANNING COMMISSION MINUTES May 2, 1995 - PAGE 2 Mark Anderson, Lundgren Bros., addressed the concerns raised by staff. He indicated the wetland buffers were workable but he felt they were excessive as it may be appropriate to adjust the amount of setback based on the quality of the wetlands. He indicated he felt the issue with the water tower location was simply a discrepancy in interpretation. In regards to the water connection fee, he asked it be stated. the lots would be charged a fee but in an amount not determined at this time. He proposed an alternate,non-through, road construction that would not require the 400 feet of extra road be constructed. The alternate road would not have to cross the wetlands and would correct the setback on Lot 6 but would have only one ingress/egress point. He indicated the back- yard landscape should be determined individually by each property owner. He felt the driveway onto the peninsula was a workable issue. In regards to hard surface cover, he stated this was not a shoreline setting and did not believe this ruling was applicable to this site. He indicated there will be a tree survey done and he was in agreement with the 35 foot front-yard setback. He indicated the storm sewer system would comply with the NURP Standards and maintain the quality and rate flow into the wetlands at current rate. He indicated Lundgren Bros. is open for discussion in regards to the area along Smithtown Road. Chair Borkon opened the public hearing at 7:52 p.m. Steven Dzurak, Park Commissioner, asked the public in attendance to voice their opinion as to the best use of the open area along Smithtown Road. Mr. Richard Gay, 5695 Howards Point Road, stated he did not feel any homes should be built on the peninsula. He asked if there would be a lift station installed on the peninsula and indicated there was a problem with emergency vehicle access. He stated he felt there would be moisture problems for the homes on the peninsula. When he moved into the area, he was told this wetland area could not be developed. He questioned how the properties would compare to the Tamarack Development and if there should be trees and vegetation planted into the back yard areas. He asked why the homes in the main area of the development were so far forward on the lots. Chair Borkon recessed the meeting at 8:03 p.m. and reconvened at 8:07 p.m. Mr. Sieg Weissner, 26780 Smithtown Road, indicated he lived next to the proposed road and was concerned with the landscape and the proximity of the road to his house. Mr. Bill Keeler, 27420 Pine Bend, stated he was concerned with the drainage. He indicated there were drainage issues with the recent Brynmawr Addition and felt those issues should be corrected before new developments were initiated. Susan Pastuck, 20345 Excelsior Boulevard, inquired as to the options available for the driveway onto the peninsula. Bill Bernstein, 5920 Afton Road, inquired as to the alignment of the new road and Cathcart Drive. He expressed a desire for the open space on Smithtown Road to be left wild with possibly a bicycle trail installed. Mr. Richard Gay expressed concern with the alignment of the new road and Cathcart Drive, indicating it is a dangerous intersection. He also requested there be no street lights in the development. Mr. Sieg Weissner stated he felt there was a traffic safety concern at the point of the new road and Cathcart Drive, as there was a steep hill there. Chair Borkon closed the public hearing at 8:21 p.m. r c PLANNING COMMISSION MINUTES May 2, 1995 - PAGE 3 Nielsen addressed the public's concerns. He stated the homes in the development were being kept as c~ose to the street as possible to retain a large wetland setback. There may be a lift pump reqUIred on the peninsula. He indicated there was nothing precluding building in this area. Mark Anderson indicated he was unable to compare these homes to the Tamarack development as he does not yet have the designs of the proposed homes. Nielsen indicated the new road is positioned correctly. When the City upgrades Cathcart Drive, it will be aligned properly with the new road. He reported the road will be approximately 30 feet from Mr. Weissner's house and the landscape will save as many trees as possible while being sensitive to the required 30 foot sight triangle at the intersection. In regards to the Brynmawr ponding, Nielsen reported the City Engineer is working on this problem. Nielsen indicated he will provide the Commission with a detailed memorandum regarding the overall system, culverts, etc. to facilitate a discussion of the problem. Nielsen indicated that street lighting in the City of Shorewood is done on a request basis. He did not think it was appropriate to preclude residents in the development of having street lighting. Nielsen indicated the Fire Chief had given his approval of the driveway access to the peninsula. There was discussion to bring the cul-de-sac back 20-30 feet, away from the peninsula. It was agreed that all three parties, the City, Lundgren Bros., and the School District need to meet and come to an agreement on the location of the water tower. The Commissioners considered the application. Rosenberger indicated there needed to be extensive landscaping done in the back yards of these lots and he felt it important to address the issues raised by Mr. Keeler in regards to run-off. He then questioned and expressed his discomfort with granting the developer the additional 10% density. Pisula indicated he felt the P.D.D. was a good way to develop this parcel. Turgeon stated she agreed with the P.D.D. and she liked the custom grading concept. Kolstad liked the concept plan and felt the additional 10% density was fair. Lizee agreed with the idea of the P.D.D., as it gave the City more control over the project. She stated she was not comfortable with the development on the peninsula because of the access road and the amount of hard cover surface. She also stated she would like to encourage a zero phosphorous covenant in this development. Kolstad stated she would like the developer to reconfigure Lot 6 before the next stage and maintain the second access point. Pisula moved, Turgeon seconded to recommend to the Council that it approve the Lundgren Bros. Construction P.D.D. Concept Plan for LedinIW artmanlMinnewashta School Property subject to staff recommendations and the cul-de-sac be shortened. to bring it close to the setback requirements, a covenant for zero phosphorous use fertilizers, maintenance of the second access point, and Lot 6 be reconfigured. Rosenberger indicated the amount of density was the Commission's discretion and he believed there was an encroachment of the wetland that could be relieved by denying the additional 10% density . Motion passed 6 ayes /1 naye. (Commissioner Rosenberger voted naye). Rosenberger polled the Commission as to why they voted yes. The Commissioners indicated they thought the P.D.D. was fair as the City was asking the developer to maintain the wetland areas. The Council will consider the recommendation at its May 22, 1995 meeting. Chair Borkon recessed the meeting at 9:32 p.m. and reconvened at 9:38 p.m. - ..... PLANNING COMMISSION MINUTES May 2, 1995 . PAGE 4 2. DEVELOPMENT STAGE PLAN. HERITAGE P.U.D. - tabled from 04-18-95. AWlicant: . Location: Abingdon Development Corp. South of Edgewood Road approximately 700' east of Howards Point Road Chair Borkon announced the case. Nielsen indicated the preliminary plat had shown a sharp curve in the west end of the street. The Commission had requested the developer flatten the curve in the development and reconfigure the lots as buildable. Chuck Dillerud, representing Abingdon, demonstrated the curve had been flattened. He explained by taking two feet from each lot in the cul-de-sac, Lot 2 can be enlarged to meet the rear setback requirement. Pisula moved, Turgeon seconded to recommend to the Council that it approve the Heritage P.U.D. . Development Stage Plan subject to conditions noted in the draft resolution approving the concept plan and recommendations from the staff memorandum dated April 4, 1995. Motion passed 6 ayes /1 pass. (Commissioner Rosenberger passed). Chair Borkon asked Rosenberger why he passed. Rosenberger indicated he chose not to vote. 3. DISCUSS WETLAND SETBACK ISSUES Ap.plicant: Location: John Pastuck 20345 Excelsior Boulevard Nielsen indicated Mr. Pastuck had requested the opportunity for an informal discussion with the Commission to determine any options available to him to allow a subdivision on his land located at 20345-47 Excelsior Boulevard. In November 1994, Mr. Pastuck asked the City Council to vacate a portion of a wetland conservation easement on this property. The City Council refused as there was no public purpose. Mr. Pastuck has since been trying to design a house which will comply, fit on the site, and meet the 30 foot wetland setback. He did design a house that would work but now the wetland setback has been increased to 50 feet and the house no longer complies. Mr. John Pastuck, 20345 Excelsior Boulevard, indicated he originally purchased the property in 1987. He built a twinhome on the land with the intention of subdividing the parcel to obtain a second single family lot. In 1992, he began plans to split the lot but became aware he was 1 % short of required lot size. In 1994, he approached the City Council to request a partial vacation of wetland conservation easement on the property. The City Council denied the vacation. He has since designed a house that will fit the lot, but it is designed for a 30 foot wetland setback and the City is now requiring a 50 foot setback. The Commissioners considered the request. They discussed the extreme slope of the lot and the criteria necessary for granting a setback variance request. The Commission directed Nielsen to explore the legal ramifications of this case with the City Attorney. Nielsen indicated this issue would be discussed at the next staff meeting. The Commission also advised Mr. Pastuck to delay purchasing additional property on the parcel. 4. DISCUSS TREE PRESERVATION ORDINANCE Nielsen indicated he had no matters for discussion at this time. . . PLANNING COMMISSION MINUTES May 2, 1995 - PAGE 5 5. MATTERS FROM THE FLOOR - None. 6. REPORTS Lizee submitted infonnation regarding the Minnesota Land Trust to be xeroxed and distributed in the next meeting packet. She also indicated she would like to explore the possibility of a zero phosphorous ordinance. Turgeon reported she had been in contact with several people in regards to the tree preservation issue. She reported Lino Lakes had suggested the tree preservation be established as a policy rather than an ordinance as it would allow the City more flexibility. She also submitted some infonnation on the subject for review. Council Liaison Benson and Commissioner Turgeon reviewed discussions and action taken by the Council at its April 24 meeting. Nielsen reported his attendance at a meeting of the Task Force Group Water Advisory Committee. 7. ADJOURNMENT Turgeon moved, Rosenberger seconded to adjourn the meeting at 11:30 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial "II AJIX) March 22, 1995 CERTIFIED PUBLIC ACCOUNTANTS AND CoNSULTANTS Members of the City Council City of Shorewood Shorewood, Minnesota In planning and performing our audit of the general purpose financial statements of the City of Shorewood for the year ended December 31, 1994, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control structure. We noted certain matters involving the internal control structure and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control structure that, in our judgment, could adversely affect the City'S ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. A material weakness is a reportable condition in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. OUr consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses as defined above. We noted the following reportable conditions that we believe to be material weaknesses. Seqreqation of Duties OUr study and evaluation disclosed that because of the limited size of your office staff, your organization has limited segregation of duties. A good internal control structure contemplates an adequate segregation of duties so that no one individual handles a transaction from inception to completion. While we recognize that your organization is not large enough to permit an adequate segregation of duties in all respects, it is important, however, that you be aware of this condition. Other Matters The following are areas that came to our attention during the audit that we feel should be reviewed: Member of American Institute of Certified Public Accountants Private Companies Practice Section liS EAST HlCI(QRY STl\EET. SUITE JOI 00. BOX ll6\ MANKATO, MINNESOfA 56OO/.JIM (S01)62S-1717 FAX (SOl) l88-91l9 104 EAST PEARL STREET 00. BOX l4S OWAlUNNA, MINNESCl'IA S506O<ll45 lS01)4SI-9Il6 FAX (50714Swm 1060 NOKIHLAND l'I.AZA l800 WEST tmH STREET MINNEAI'OLIS, MINNESOfA SSO! (61118lS-9C90 FAX (6U) 8'J6.l6lO fF'7 <J City of Shorewood March 22, 1995 Page Two AIID ~ CERTIHED PlIHlJC ACU)lIN1NHS ANnG)NSULTANTS General Fund The total fund balance decreased by $5,604 during 1994. The fund balance at year end was $1,497,678 with the further allocation of fund balance as follows: December 31. 1994 1993 Reserved for cash held in escrow $ $ 34 185 Unreserved Designated for projects 75 000 Designated for working capital 1 497 678 1 394 097 Total $1 497 678 $1. 503 282 It is important to maintain an adequate fund balance for the following reasons: . Expenditures are incurred somewhat evenly throughout the year. However, property tax and state aid revenues are not received until the second half of the year. An adequate fund balance will provide the cash flow required to finance the General Fund expenditures. . The City is vulnerable to legislative actions at the State and Federal level. Recent years have seen the State continually adjusting the local government aid and property tax credit formulas. An adequate fund balance will provide a temporary buffer against those aid adjustments. . Expenditures not anticipatcad at the time the annual budget was adopted may need immediate Council action. These would include capital outlay replacement, lawsuits and other items. An adequate fund balance will provide the financing needed for such expenditures. . A strong fund balance will assist the City in maintaining or improving its bond rating. A summary of the 1994 operations is as follows: Budqet Actual Variance - Favorable (Unfavorable) Revenue Expenditures $2 343 203 1 970 824 $2 491 339 1 935 443 $148 136 35 381 Excess Revenue (Expenditures) 372 379 555 896 183 517 Other Financing Sources (Uses) Operating transfers in Operating transfers out 40 000 (471 500) 40 000 (601 500) (130 000) Total Other Financing Sources (Uses) (431 500) (561 500) (130 000) Excess of Revenue and Other Financing Sources Over (Under) Expenditures and Other Uses $ (59 121) (5 604) $ 53 517 Fund Balance, January 1 Fund Balance, December 31 1 503 282 $1 497 678 City of Shorewood March 22, 1995 Page Three APlX) ~ CERTIFIED PUI\L1C An:Ol'N1ANTS ANn Q'NSULTANTS The licenses and permits revenue was $109,743 more than anticipated in 1994. This is the most significant reason for the favorable variance of the General Fund Revenue. The General Government budget in 1994 totalled $793,568. The actual expenditures were $755,097 resulting in a favorable variance of $38,471. This item accounts for most of the variance from the budgeted expenditures. A further detailed comparison of revenue and expenditures are as follows: Revenue Source 1994 General Property Taxes $1 487 398 Intergovernmental Revenue 441 040 Charges for Services 42 233 Licenses and Permits 256 243 Fines 73 998 Interest 78 021 Other Revenue 112 406 Transfers from Other Funds 40 000 Total Revenue and Transfers $2 531 339 Percent of Total Increase (Decrease) 1993 From 1993 $1 515 633 $ (28 235) 58.76'1; 17.42 426 102 1.67 5 197 10.12 247 557 2.92 70 135 3.08 86 374 4.44 38 912 1.59 40 000 100.00% $2 429 910 14 938 37 036 8 686 3 863 (8 353) 73 494 $101 429 Percent Increase of (Decrease) Proqram 1994 Total 1993 From 1~93 General Government $ 755 097 29.76% $ 668 410 $ 86 687 Public Safety Police 423 947 16.71 400 703 23 244 Fire 109 747 4.33 101 542 8 205 Other 84 353 3.32 77 908 6 445 Public works 433 699 17.10 436 224 (2 525) Parks and Recreation 128 600 5.07 119 473 9 127 Transfers to Other Funds 601 500 23.71 380 000 221 500 Total Expenditures and Transfers $2 536 943 100.00% $2 184 260 $352 683 Debt Service Funds In governmental accounting, the bonds to be paid from the resources of each debt service fund are not accounted for within the same fund. The following recap matches the assets of each debt service fund with the bonds payable at year end. Cash and Total Bonds Investments Assets Out s tandinq Shorewood Oaks $ 914 454 $ 962 046 $ 700 000 1991 Improvement and Refunding 418 299 837 263 775 000 Shady Hills Storm Sewer Improvement 3 994 4 823 20 500 1993 Improvement 108 432 307 637 325 000 Waterford III Tax Increment 240 267 920 000 Total $1 445 419 $2 112 036 $2 740 500 City of Shorewood March 22, 1995 Page Four APIX) ~ CERTIFlEP PUBLIC AU:OUNTANTS ANn CONSULTANTS The Shorewood Oaks and 1991 Improvement and Refunding Debt Service Funds appear as if they will have sufficient assets to pay all outstanding bonds. The Shady Hills Storm Sewer Improvement will be financed from a special tax levy against those properties in the Storm Sewer District. The Waterford III Tax Increment Bonds are included in the report even though: . The bonds issued are tax increment revenue bonds . The bonds are not backed by the full faith and credit of the City . The bonds will be repaid only to the extent that tax increments are generated from the Tax Increment Financing District. Enterprise Funds Liauor Fund A brief comparison with prior years is as follows: 1994 Store I 1993 1992 1991 Sales Gross profit Gross profit percentage Operating income (loss) $ 23 945 2 044 8.53% $583 125 122 879 21.07% $577 225 116 320 20.15% $606 845 131 725 21.71% $ (8 983) $ 23 911 $ 20 949 $ 39 675 Sales Gross profit Gross profit percentage 1994 $724 114 149 562 20.65% Store It 1993 1992 $753 648 142 065 18.85% $800 685 148 458 18.54% 1991 $848 487 176 498 20.80% Operating income (loss) $ (6 345) $ 7 680 $ 18 283 $ 47 833 Tonka Bay 1994 Sales Gross profit Gross profit percentage $ 25 073 5 886 23.47% Operating income $ 1 799 The profitability of the entire Liquor operation needs to be examined. Store I and Tonka Bay reflect minimal operating activity. Store II, however, has some sales trends that are of concern. Sales have decreased nearly $125,000 since 1991 and profit has decreased over $54,000. The operations of all stores report a combined loss of $13,529 in 1994. These operations need to be closely monitored in 1995. .. City of Shorewood March 22, 1995 Page Five APlX) ~ CERTIfiED PUHLIC ACCc';_""HNTS AND CONSULH"F Water Fund A comparison of operations with prior years follows: 1994 1993 1992 1991 Charges for services $184 204 $154 262 $179 411 $149 088 Permits, connection fees 78 688 18 362 20 480 23 481 Total revenue 262 892 172 624 199 891 172 569 Operating expenses, excluding depreciation 159 179 139 490 125 714 126 614 Operating income before depreciation $103 713 $ 33 134 $ 74 177 $ 45 955 The cash deficit in the Water Fund was eliminated in 1990. The fund has increased to a positive balance of $286,850 at December 31, 1994. The bonds outstanding at year end total $30,000 and carry an interest rate of 8.5 percent. The final payment date is September 1, 1996. The financial position of the Water Fund is much improved over the past several years. Sewer Fund A comparison of operations with prior years follows; 1994 1993 1992 1991 Charges for services $ 668 530 $577 897 $554 334 $474 451 Permits, connection fees 75 824 89 260 5 800 6 ~OO Total revenue 7~4 354 667 157 560 134 480 951 Operating expenses, excluding depreciation 857 996 504 026 457 114 393 194 Operating income (loss) before depreciation $ (113 642) $163 131 $103 020 $ 87 757 The expenses in 1994 include $191,012 which is Metropolitan Waste Control Commission (MWCC) disposal charges held in eScrow while the litigation with the MWCC continued. This expense together with the normal MWCC charges account for the 1994 variance from prior years. Recyclinq Fund This fund was established in 1991 to account for the City'S recycling activities. A comparison with prior years is as follows; 1994 1993 1992 1991 Charges for services $ 67 605 $ 79 023 $ 70 981 $ 63 281 Operating expenses 70 204 67 721 63 436 58 580 Operating income (loss) $ (2 599) $ 11 302 $ 7 545 $ 4 701 .. City of Shorewood March 22, 1995 Page Six AffX) ~ CERTIFIED PU\uc: An:OlSTANTS ANt) GN~ULTANTS Stormwater Manaqement Utility Fund The fund was established in 1993 to account for the activities of the Stormwater Management System. A summary of the two years activities is as follows: Charges for services Operating expenses 1994 1993 $ 44 065 $ 41 217 21 788 3 906 $ 22 277 $ 37 311 Operating income Certificate of Achievement The City received a Certificate of Achievement for Excellence in Financial Reporting for its 1993 financial report. The Certificate is valid for one year and is included with the 1994 report. The City's staff involved with this project should be commended for their efforts. * * * * * This report is intended solely for the use of management and Council. The comments and recommendations in the report are purely constructive in nature, and should be read in this context. Our audit would not necessarily disclose all weaknesses in the system because it was based on selected tests of the accounting records and related data. If you have any questions or wish to discuss any of the items contained in this letter, please feel free to contact us at your convenience. We wish to thank you for the continued opportunity to be of service and for the courtesy and cooperation extended to us by your staff. & rJJi;a- , , March 22, 1995 Minneapolis, Minnesota ABDO, ABDO & EICK Certified Public Accountants I I I I I I I I I I I I I I I I I Ii I CITY OFSHOREWOOD,MlNNESO'fA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR. ENDED DECEMBER 31, 1994 ,. . / .' -.- JAMES'C. HURM, CITY ADMINISTRATOR I J REPORTI>>REPARED BY: DEPARTMENT OF' fiNANCE ALAN J. ROLEK, FINANCE'DIRECTORffREASUI.{ER I / / ' - \' ."; MEMBER OF GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA . 1 CITY OF SHOREWOOD, MINNESOTA TABLE OF CONTENTS DECEMBER 31, 1994 I I' I. INTRODUCTORY SECTION Elected and Appointed Officials Organizational Chart Letter of Transmittal Certificate of Achievement for Excellence in Financial Reporting I II. FINANCIAL SECTION 1 Independent Auditor's Report 1 General Purpose Financial Statements I Combined Balance Sheet - All Fund Types and Account Groups Combined Statement of Revenue, Expenditures and Changes in Fund Balance - All Governmental Fund Types Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund Combined Statement of Revenue, Expenses and Changes in Retained Earnings - All Proprietary Fund Types Combined Statement of Cash Flows - All Proprietary Fund Types' Notes to Financial Statements 1 1 1 Combininq and Individual Fund and Account Group Financi~l Statements and Schedules General Fund Comparative Balance Sheet Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual Debt Service Funds Combining Balance Sheet Combining Statement of Revenue, Expenditures and Changes in Fund Balance 1 1 1 Capital Projects Funds Combining Balance Sheet Combining Statement of Revenue, Expenditures and Changes in Fund Balance 1 Enterprise Funds Combining Balance Sheet Combining Statement of Revenue, Expenses and Changes in Retained Earnings Combining Statement of Cash Flows 1 1 Water Fund Comparative Balance Sheets Comparative Statements of Revenue, Expenses and Changes in Retained Earnings Comparative Statements of Cash Flows 1 Sewer Fund Comparative Balance Sheets Comparative Statements of Revenue, Expenses and Changes in Retained Earnings Comparative Statements of Cash Flows 1 1 Exhibit Paqe No. I - IX 1 2 - 3 2 4 - 5 3 6 4 7 5 8 9 - 26 A-1 A-2 B-1 B-2 C-1 C-2 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 27 28 - 31 32 - 33 34 - 35 36 - 38 39 - 41 42 - 43 44 - 45 46 - 47 48 49 50 51 52 53 CITY OF SHOREWOOD, MINNESOTA TABLE OF CONTENTS DECEMBER 31, 1994 Recycling Fund Comparative Balance Sheets Comparative Statements of Revenue, Expenses and Changes in Retained Earnings Comparative Statements of Cash Flows Stormwater Management Utility Fund Comparative Balance Sheets Comparative Statements of Revenue, Expenses and Changes in Retained Earnings Comparative Statements of Cash Flows Liquor Fund Comparative Balance Sheets Comparative Statements of Revenue, Expenses and Changes in Retained Earnings Comparative Statements of Cash Flows Agency Funds Statement of Changes in Assets and Liabilities General Fixed Asset Account Group Comparative Schedule of General Fixed Assets - by source Schedule of General Fixed Assets - by function and activity Schedule of Changes in General Fixed Assets - by function General Long-term Debt Account Group Comparative Statement of General Long-term Debt Schedule of Bonds :payable Schedule of Debt Service Requirements III. STATISTICAL SECTION General Fund Expenditures and Other Uses by Function General Fund Revenue and Other Sources by Source Property Tax Levies and Collections Assessed Valuation, Tax Levies and Mill Rates Property Tax Mill Rates/Tax Capacity Rates - Direct and OVerlapping Governments Principal Taxpayers Special Assessment Levies and Collections Computation of Legal Debt Margin Ratio of Net Bonded Debt to Assessed Value and Net Bonded Debt per Capita Ratio of Annual Debt Service Expenditures for General Bonded Debt to Total General Expenditures Computation of Direct and Overlapping Debt Revenue Bond Coverage Property Value, Construction and Bank Deposits Miscellaneous Statistics I I Exhibit Paqe No. I D-10 54 D-ll D-12 55 56 I D-13 57 D-14 58 D-15 59 D-16 60 - 61 D-17 62 - 63 D-18 64 - 6S E-l 66 I I I I F-l 67 F-2 68 F-3 69 G-l 70 B-1 71 - 72 I-I 73 - 74 I I I 1 7S 2 76 3 77 4 78 - 79 5 80 - 81 6 82 7 83 8 84 9 85 10 86 11 87 12 88 13 89 - 90 14 91 I I I I I I I I I I" I' I I I I I I I I I I I I I I I I CITYOFSHOREWOPD, MINNESOTA . \ . SECTION I INTRODUCTORY SECTION t I I I Elected Officials I Barbara Brancel Bruce Benson Kristi Stover Robert Daugherty Daniel Lewis I I I Appointed Officials I James C. Hurm Alan J. Rolek I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA ELECTED AND APPOINTED OFFICIALS DECEMBER 31, 1994 Term Expires Mayor Council Member Council Member Council Member Council Member 1994 1996 1996 1994 1994 City Administrator Finance Director/Treasurer ------------------- ORGANIZATIONAL CHART - CITY OFSHOREWOOD I VOTERS I I CITY ATTORNEY ~~ .,.,.,. .-- CITY COUNCIL BOARDS & COMMISSIONS " - PLANNING COMMISSION CITY ADMINISTRATOR I - PARK COMMISSION I I I I T I I LIQUOR ENGINEERING FINANCE ADMINISTRATION PLANNING PUBLIC PUBLIC SAFETY (CONTRACT) & ZONING WORKS (CONTRACT) - Off-Sale - Engineering Svcs. - Personnel - General Government - Planning - Building & Grounds - Police - 4-City Joint Retail - Project Mgmt. - Accounting - Licensing - Zoning - Recycling (Contract) Services * - Payroll - Elections Administration - Tree Maintenance - Patrol - Investments - Records - Property - Park Maintenance - Disaster - Utility Billing - Legal Publications Records - Street Mainenance Preparedness - Accts. Payable - Public Information - Inspection - Equipment Maintenance - Investigation - Accts. Recble. - Recreation Programs - Stormwater System - Public Service - Special - Park Planning - Street Lighting - Fire - Excelsior! Assessments (Contract) - SanitationIWeeds Mound - Budgeting - Assessor (Contract) - Janitor Services - Fire prevention! -MIS - Cable TV - (Contract) firefighting - Purchasing Franchise - Utility Maintenance - Animal Control - (Contract) Chanhassen * Mayor is City's representative on joint governing board. December, 1994 1 1 I 1 1 1 1 I 1 I I I 1 I 1 1 I, 1 I \\../' //'-- .MAYQR Rob,~rt Bea~ QOUNCIL !<ris~Sto)ler '~rupe Benson Jennifer McCarty ,Doug ~alam " CITY OF SHOREWOOD 5755 COUNTRY.CLUBROA[}~ SHOHEWOOD,MINNESOTA553~1-8927 · (612)474-3236 May 22, 1995 Honorable Mayor and MemberS\ of the CityCe>:uncil City of Shorewood# Minne~ota Councilmembers: The Comprehensive Annual Financ,ial Report". ~" tpei City of Shorewood,Minnes.otaforthefi..scal year ended/Pecember 3:1~ 1~94, is ~ereby submitted. Responsibility for both the accuracy o,f \the data, and the, completeness and fairness of the presentatd.!()Ii; including all dis<:::losures, rest:swith tl).e~ity. To the.beat ion our kngwledge and belief, the enclosed. data' is accurate' io all material respects abd is reported in. a manner des~gnated to present fairly the financial position aIldresults of.oper(.\ti'OIls of the vario~s funds and account gl:'ot:j.ps of the City. . All discl.osures necessary to enable the. readert:;o gain an ';loderstanding of th~ City's finaIlcial activit;ies have ~en included. '. The Comprehensive Annual Fin~ncial Report isp.resented . in thx;ee, sections: Iotroducto+y, Financial and.. Statistical.. The Introducto+y section' inclUdes this transmittal letter, the City' s organi:?:ational chart and a list on City/officials. The Financial section incl\ides.-the. gener,l,purposefinanci'al statements and.. the' cOml:>iningand in4i vidt:j.al' ;und and a9co~nt group fin,8.l1cial statements ,and scheduH~s,alongwith the aUdi7or's retiort/Q~ the financial statements. The ,Statisticalsec,tion iricludes sel.ected. financial. and demographic/information, generally /presented.<'ona Itl.ulti-yearbasis~ ' The organization, form and contents \of {his report" /l'iere pt-epared. in accordance. with the sta,n,dards prescribed by the Governmenta,:k Accounting Standards Board., the:. Government. Finance Officerf3 Association of the {Jnited St.a.tes, and Canag.a, lthe ~erican Institute of Certifi,.edPublic Accountants, and the Minnesot.a~tate Auditor's Office. The funds in,~lud~d inou:t Comprehensive Mnual Financial ... Rep~rt are those cooside;ed ito'be within, the<oversigh~responsibility of. the City Council. 'l'he. ,criteria used in de'ternii~ingthe reporti~~/ entity is.consistent. wi~1:l those established -by \ .cpeGovernrnent9-1 Accounting Standards' Soard. / Based ori ,th~s~'criteria, all/funds and account groUPBq,f the City are included in this report.. ' .0.., I . , A ResitJentiaN;o,mmunity onLCl/feMinnetonka'sSo~t~ Shore i ../ / The city of shorewood ~s a' suburb of the CitY' of! Minneapolis and' is located 25 'miles. sou'thwest ,()f the central blJ.$iness district on the/southern\shoreof (Lake Minnetonka. The.. City is predominantly. a, residentialc:opununity wi.th limited cOlll!llercial b1is~nesses and one commercial shopping mall. , The, City is 6squa,re miles iI\l.area, and has an e.stima.ted popula,tion/of/ 6,430. \ .' While. the CitYha~ experienced an accelerated rate ((of, growth ill J:~sidential development during the ~9\8;() I s< the. g:r:owth. rate , ha~ slowed in the 19~0' s(~.. The City will continue to experieJ;lce growt.h in it I S residential base in the futur~, but because of the lilnit.~d availability \o~ large ,tracts of land, this will. COlne at 'a reduced rate and likely wfllbe smaller gevelopmE7nts than in ,the past. ' I I I I I I I I I I I I I I I I ,I ! I /. I I i The City provides its residents and businesses with a fUll r~nge of municipal, servicek consisting of police,. fire, public/works, parks and !general administrative servic.es,!,heCity. also operates five ,el}terpJ;:"iser: , a water utility, sewer utility, recycli.ng utility, . stc:;>rmwater ~q.nagement '. utility and an off-sale liquor ,.. operation, consisting of two store sites. . '/ Ec6~OM:ICiCOMD:I'1':I6~ AND OU'1'L.OOK MAJOR INI'1':IAT:IVES FINANCIAII., AND MANAGEMENT EMPBASZS'. EMPHAS:IS ON, GOVERNANCE The City eOUIlcii' in its leadership: role is effecti~ly \\establish~ng a foc,,"s\ for city government fin ShoreWood. The Council bias adopted a Sl;rong set of val~es bY,which. decisic:>ns are to be/made. It has aQ,opted a statement pf pUfPose. and estaBlisp.ed overall goals and expectations for the City.: .It hp,sidentified issue~ facing theuCityan~ pritoritized them so ,that tl1e staff can efficiently and effectively allocate time and re~o:urces. EMPHASZS ONSYS,"ER :tMPROVEMEN'l'S !;\j The City Council has adoPte~ an o~en gover~en~ policy and i~ implementing it by televisi~gCityCouncil meetingstby~mproving 'qual;'teJ;:"ly; ,citizen n.ewsletters and by directing/city sta~~/t() . improve c6mmUIlication~0 those;residentsaf'fected by pJ;:"ojects and,' specialass,essments; A series of neighborhoodmeet~ngson the updated,ComprehensivePlari'gj,.vescit.izens an opportunity f()r one on ,one discussions with policy makers and-for meaningful fnput on ',how Shorewood shouJ:d develop. The CityCou.:hcil recognizes that ~ts wo.rk co~~j!sts ofmoref?han / Fesponditlg to citizen/requ~sts and) adopti~g an annual budge/t. The City CouI;1cill~ calendar consists. of ~hree phases. The first II I I I I I I I I I I I I I I I I I I I phase is Planning, which includes employee and systems evaluations, review of the previous years work plan, review of the City's Comprehensive Plan Executive Summary, review of the statements of Purpose and Values, and identification and prioritization of issues for the next twelve and twenty-four months. The second phase is that of Programming. Each year the five-year Capital Improvement Program is reviewed and updated based upon priorities established in phase one. Any changes to the Comprehensive Plan are made based upon the phase one decisions. The third phase is Budgeting. the operating budget is established based on decisions made in the first two phases. A revised budget format is being utilized which provides information and analytical data to the City Council and other readers. It defines departmental missions and sets objectives for the budget year. In addition, it measures services provided and identifies the net affect each departmental budget has on property taxes. A survey is conducted each year to measure citizen satisfaction with city services with results incorporated in the budget as specific objectives. Emphasis on Public J:mprovements The City is continuing to plan for and make public improvements in a number of areas. The Stormwater Management Utility was established as a funding mechanism for small drainage improvement projects and to pay for the City's share of major drainage projects. The fund had retained earnings of $73,278 at the end of 1994. The City continued its park and trail improvement program. Trails were installed along Old Market Road from the Trunk Highway 7 service road to Vine Ridge Road; and in Silverwood Park as well as in Freeman Park. Silverwood Park improvements were completed with the installation of a tennis backboard and basketball court, as well as playground equipment, which includes two slides down the sliding hill. A playground area was installed in the family area in Freeman Park. The City Hall and Badger Park parking area was substantially completed in 1994. It includes an enlarged asphalt parking area, significant landscaping and a Park-and-Ride for the Regional Transit system. In addition to the scheduled equipment purchases from the Equipment Replacement Fund, a speed awareness display radar unit was purchased for the South Lake Minnetonka Public Safety Department for use within Shorewood. The City undertook a major sealcoating project in the east end of the City, which included five miles of City streets. The City Council approved the overhauling of the Woodhaven water system III IV I I I I I I I I I I I I I I I I I I I well, which will be completed in early 1995. The Trunk Highway 7 service road/Vine Hill Road water connection was made in conjunction with the State of Minnesota project to upgrade the Trunk Highway 7/Vine Hill Road intersection. To significantly enhance fire protection on Enchanted and Shady Islands, a series of three dry hydrants were installed in 1994. With that installation, fires can be fought on the islands 12 months a year with water drawn from the Lake Minnetonka rather than being hauled from the City of Mound. The City's lawsuit with the Metropolitan Council Wastewater Services (formerly the MWCC) was settled in 1994. The City was credited for 20 million gallons of flow which it had been overcharged. Similar credits will continue hereafter. The Metropolitan Council has conunitted by resolution to work in a collaborative process with the City to address concerns regarding its cost allocation system, inflow and infiltration issues, and alternative dispute resolution processes to deal with conununities sueh as Shorewood which have concerns regarding the fairness and correctness of the agency's billing system. Shorewood's City Administrator will serve on a rate. structure technical advisory conunittee for the Metropolitan Council. Emphasis on Efficiently, Effectively Meeting Service Needs As one of fourteen Lake Minnetonka Area municipalities, the City of Shorewood is involved in many contractual arrangements with other jurisdictions ~d private enterprises, to deliver municipal services to residents of the City. the City of Shorewood is conunitted to working cooperatively with area governmental jurisdictions to carefully consider optional methods to effectively deliver public services as efficiently as possiple. The Shorewood City Administrator continues to serve as Chair of the Steering Committee of the Lake Minnetonka Area Cooperative Cities Group. FZNANCZAL ZNFORMATZON ZNTERNAL CONTROLS Management of the City is responsible for establishing and maintaining an internal control structure in the accounting system designed to ensure that the assets of the City are protected from loss I theft or misuse and to ensure that fair, reliable and accurate accounting data is compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: 1) the cost of a control should not exceed the benefits; 2) the valuation of costs and benefits requires estimates and judgments by management. As part of the City's I I I I I I I I I I I I I I I I I I I annual audit, the internal control system is evaluated to the extent necessary for audit purposes and changes are recommended when needed. BUDGETING CONTROLS The City maintains budgetary controls to ensure compliance with legal provisions embodied in the annual appropriated budget approved by the City Council. Activities of the general fund are included in the annual appropriated budget. The level of budgetary control is established at the fund level, but management control is exercised at the line item level. As demonstrated by the statements and schedules included in the financial section of this report, the City continues to meet its responsibility for sound financial management. GENERAL GOVERNMENT FUNCTIONS The following schedule presents a summary of General Fund and Debt Service Fund revenues for the fiscal year ended December 31, 1994 and the amount of increases or decreases in relation to the prior year's revenues. REVENUES AND OTHER FINANCING SOURCES General Property Taxes Licenses and Permits .Intergovernrnental Charges for Services Fines and Forfeitures Special Assessments Interest on Investment~ Miscellaneous Proceeds of Bond Issue Operating Transfers In AMOUNT % OF TOTAL INCREASE (DECREASE) FROM 1993 ($25,953) 8,686 3.3,246 37,036 3,863 (263,564) (33,101) 73,759 (85,948) o TOTAL ($271,976) $1,495,647 256,243 441,660 42,233 73,998 248,844 132,657 112,406 o 40,000 52.60% 9.01% 15.53% 1.49% 2.60% 8.75% 4.66% 3.95% 0.00% 1. 41% The single largest change in revenue in 1994 from 1993 was in special assessment revenue. Prepayments of special assessments fell off in 1994 as a result of increasing interest rates, which increased seven times during the year. In addition, the 1974 Sewer assessment was paid in full, leading to a further reduction in special assessment revenue. Housing starts increased in 1994, thereby increasing the revenue from licenses and permits. Zoning application fees and newly initiated park maintenance fees significantly increased the charges for services area for 1994. The payment of a contract for deed held by the City accounted for the increase in miscellaneous revenue in 1994. Interest income $2,843,688 100.00% v was lower in 1994 from 1993 resulting from the lower interest rates on investments made in previous years. General property taxes showed a decrease from 1993. The tax levy for 1994 was - held at the 1993 level. This, together with the increased tax capacity of property within the City, helped to lower the City's tax rate in 1994. The City Council has continued its plan to accumulate resources for future capital equipment and improvement projects. These amounts were transferred to various capital projects funds and will be _ applied to future equipment acquisitions and capital improvements. Fines and forfeitures revenue increased from the previous year. A part-time traffic control officer hired for the City of Shorewood is directly attributable to the increase in this revenue area. The following table presents a summary of General Fund and Debt Service Fund expenditures for the fiscal year ended December 31, 1994 and the amount of increases or decreases in relation to the prior year's expenditures. EXPENDITURES AND OTHER USES AMOUNT % OF TOTAL CURRENT: General Government Public Safety Public Works Parks and Recreation Operating Transfers Out DEBT SERVICE: Principal Interest $755,097 618,047 433,699 128,600 601,500 22.62% 18.51% 12.99% 3.85% 18.02% 0.00% 20.40% 3.62% 681,000 120,862 TOTAL $3,338,805 100.00% INCREASE (DECREASE) FROM 1993 $86,687 37,894 (2,525) 9,127 198,590 416,500 (21,027) $725,246 General government expenditures increased in 1994 due mainly to the purchase of a new computer system. This system is the latest in technology and will increase the productivity in City Hall. Public safety expenditures also increased due to growth, with Shorewoodresponsible for a larger portion of police - and fire contracts, and the addition of a part-time traffic control officer. Public Works spending decreased slightly from 1993, and Park and Recreation expenditures increased by 7.1%, due mostly to park maintenance and park planning fees. Debt service payments were sharply higher in 1994 due to a major bond refunding in 1993. Bonds were issued in 1993 to refund the 1984 Improvement (1987 Refunding) Bonds, which were called in Februa:ty, 1994. Operating transfers out were also significantly VI I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I higher than the previous year. Transfers made amounts for unbudgeted 1994 capital projects, the amount of transfers for the year. in 1994 included thereby inf la ting GENERAL FUND BALANCE The fund balance of the General Fund decreased by $5,604 in 1994, a difference of 0.37%. The fund balance as of December 31, 1994 is $1,497,678. Economic conditions during the year caused larger than expected revenues and lower expenditures, which brought about a larger than anticipated operating surplus. Operating transfers out for capital projects caused a slight deficit, thereby lowering the General Fund balance. The fund balance is designated for working capital requirements through the first six months of the year. It is important for the City to maintain the an adequate fund balance as a reserve to meet expenditures in the General fund until property tax proceeds are received in July. As the fund balance now stands at 63% of the current year budget, further increases in fund balance will not be necessary in the near future. ENTERPRXSE OPERATXON The City's enterprise fund activities for 1994 are summarized as follows: OPERATXNG REVENUES Water Sewer Recycling Stormwater Liquor - Tonka Bay - Store I - Store II $262,892 744,354 67,605 44,065 25,073 23,945 724,114 OPERATXNG EXPENSES OPERATXNG XNCOME (LOSS) $236,219 1,041,496 70,204 21,788 23,274 32,928 730,459 $26,673 (297,142) (2,599) 22,277 1,799 (8,983) (6,345) Generally accepted accounting principles require the depreciation of contributed assets, which results in net losses in some cases. However, past and present City financial practice does not include the recovery of such depreciation in the setting of utility rates, which, in effect, would recover that cost a second time. The City's utility rate setting is done with reference to the working capi tal of the fund and assumes continued customer contributions through special assessments. r DEBT ADMXNXSTRATXON As of December 31, 1994, the City's total debt outstanding totaled $2,770,500. Of this total, $1,800,000 were general obligation special assessment bonds issued to finance the construction of sanita~y sewer, street, water and storm sewer improvements. Also included are $30,000 in general obligation water revenue bonds issued for improvements to the City water system, which will be repaid from Water Fund revenues. A general obligation storm sewer VII VIII I I I I I I I I I I I I I I I I I I I improvement bond issued for storm sewer improvements wi thin a special storm drainage district has $20,500 outstanding at year end. The repaYment of these bonds will be provided through an ad valorem tax levied against properties within the storm drainage district. Tax increment revenue bonds of $920,000 were issued for construction of public improvements in the Waterford III development which will be repaid from tax increments. Because these revenue bonds are not backed by the full faith and credit of the City, in the absence of tax increments from Tax Increment Financing District No.1, the City has no obligation to repay the bonds. As of the end of this year, only $264 in increments have been collected to retire this debt. The District will expire in April of the year 2,000. The City's bond rating as rated by Moody's Investor Service is "A1" on general obligation bond issues. Reasons cited by Moody's for this rating include the development and implementation of a five-year capital improvement plan, low outstanding debt, sound financial management, and anticipated maintenance of low. debt ratios by the City. CASH MANAGEMENT The City of Shorewood subscribes to the "pooled cash n concept of investing which means that all funds with cash balances participate in an investment pool. This permits some funds to be overdrawn and other funds to show positive cash balances, with the City overall maintaining a positive cash balance. This pooled cash concept provides for investing of greater amounts of money at more favorable rates. Interest earnings are then allocated to the participating funds. During 1994, the City of Shorewood. earned $262,190 in interest revenue. RXSK MANAGEMENT The City of Shorewood' s worker's compensation insurance and its general property and liability coverage are provided through the League of Minnesota Cities Insurance Trust (LMCIT). The LMCIT worker's compensation program is a joint self-insurance plan designed to lower and stabilize cities worker's compensation costs and to assure that cities have a source of coverage available. Each participating city deposits with the LMCIT its worker's compensation deposit premium for the policy year. The deposit premium is calculated using standard manual rates with the applicable volume discounts and experience modification factor. From these deposits, LMCIT purchases reinsurance to protect the program from catastrophic and abnormal paYment claims. The balance of the deposits and reserves are invested, with the earnings accruing to the benefit of all participants. LMCIT' s reserves and rates are reviewed annually by an actuary to help assure that the program remains financially strong. I I I I I I I I I I I I I I I I I I I OTHER INFORMATION INDEPENDENT AUDIT Minnesota State Statutes require an annual audi t of the City's accounts by the Minnesota State Auditor or by independent certified public accountants. The auditor's report on the general purpose financial statements and schedules is included in the financial section of this report. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Shorewood for its comprehensi ve annual financial report for the fiscal year ended December 31, 1993. In order to be awarded the Certificate of AchieVement, a governmental unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. Such reports must satisfy both generally accepted accounting principles and applicable legal require.ments. A Certificate of Achievement is valid fora period of one year only. We believe our current report continues to conform to the Certificate of Achievement program requirements, and we are submitting it to GFOA to determine its eligibility for another certificate. ACKNOWLEDGMENTS We wou.ld like to acknowledge the efforts of the city staff, especially the Finance Department staff I and the City's independent auditor, without whose assistance and cooperation the timely preparation of the Comprehensive Annual Financial Report would not have been possible. Respect:fully Submitted, James c. Hurm City Administrator Alan J. Rolek Finance Director/Treasurer IX I I I I I I I I I I I I I I I I I I I Certificate of Achievement for Excellence in Financial Reporting Presented to City of Shorewood, Minnesota For its Comprehensive Annual Financial Report for the FISCal Year Ended December 31, 1993 A Certificate of Achievement for Excellence in Fmancial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAms) achieve the highest standards in government accounting and financial reporting. b--~L President jJ#?/~ Executive Director I I I I I I I I" I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA , . j SECTION II ! i FINANCIAL SECTION '- I I AJIX) I I INDEPENDENT AUDITOR'S REPORT CERTlAED PUBLIC ACCOUNTANTS AND CoNSULTANTS I Honorable Mayor and City Council City of Shorewood, Minnesota I We have audited the accompanying general purpose financial statements of the City of Shorewood, Minnesota, for the year ended December 31, 1994 as listed in the table of contents. These financial statements are the responsibility of the City of Shorewood, Minnesota's management. OUr responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standardsreqtlire that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. I I I I I In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of Shorewood, Minnesota at December 31, 1994 and the results of its operations and the cash flows of its proprietary Fund Types for the year then ended, in conformity with generally accepted accounting principles. Our audit was conducted for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The accompanying combining and individual fund and account group financial statements and schedules listed in the foregoing table of contents, which are also the responsibility of the City's management, are presented for purposes of additional analysis and are not a required part of the financial statements of the City. Such financial statements and schedules have been subjected to the auditing procedures applied in our audit of the general purpose financial statements and, in our opinion, -are fairly stated in all material respects when considered in relation to the general purpose financial statements taken as a whole. I I I I The data designated as the "statistical section" in the accompanying table of contents is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on it. I I . ~~ ~ ~ h4 I March 22, 1995 Minneapolis, Minnesota ABDO, ABDO & EICK Certified Public Accountants I Member of American Institute of Certified Public Accountants Private Companies Practice Section I 115 EAST HICKORY SfREET. SUITE 302 P.o. BOX 3166 MANKATO. MINNESOTA 56002.3166 (507) 625.2n7 FAJ{(507)3~9139 204 EAST PEARL SfREET P.O. BOX 345 OWATONNA, MINNESOTA 55060.0345 (507) 451.9136 FAJ{ (507) 45100794 1060 NOIrrHLAND PLAZA 3800 WEST 80TH SfREET MiNNEAPOLIS. MlNNESOfA 55431 (612) 835.9090 FAJ{ (612) 896-3620 I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA GENERAL PURPOSE FINANCIAL STATEMENTS The general purpose :fi11.~cial statements and notes to the'. fInancial statements.,. are \ intende<i to provide an overview and broad perspec!ive of the City's fmancial ~sition and operations. These statements presenta,summary set of information needed to control and analyze currentQperations to determine compliance with legal and budgetary limitations and to assi~t in financial plannit:m. Thefollowing,general purpose financial statements are presented: Combined Balance Sheet - All FuIld Types aJ;ld Account Groups Combined. Statement of Revenue. ExpenditurCs and Cluulges in FunciBalance - ~. . Governmental FuIld'l)'pes , ; / \. Statement of Revenue. Expenditures and Changes in ,Food Balance - Budget and Actual .. General ftpld / . I Combined Sta~ent ofRe\1enue.E~penses and ChangeSin Retained.EarWngs - All Proprietary Fund 'ryJles -'^", Combined Statement of Cash 'aows - All Proprietary .FundTypes " I I I I I I I I I I I I I I I I I I I THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY CITY OF SHOREWOOD, MINNESOTA COMBINED BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS DECEMBER 31, 1994 Governmental Fund Types ASSETS AND OTHER DEBITS Cash and investments Cash held in escrow Receivables Taxes Accounts Accrued interest Contract Special assessments Due from other funds Inventories, at cost Prepaid items Property and equipment, net Bond discount, net Investments for deferred compensation plans, at market Other debits Amounts available for debt service Amounts to be provided for general long-term debt Debt Capital General Service proiects $1 503 390 $1 445 419 $1 103 722 52 161 854 23 779 28 100 49 187 37 806 35 162 1 930 627 957 8 446 140 259 TOTAL ASSETS AND OTHER DEBITS $1 630 447 $2 112 036 $1 315 689 $ 37 901 $ $ 9 659 12 686 24 760 57 422 626 457 6 676 140 259 LIABILITIES, EQUITY AND OTHER CREDITS LIABILITIES Accounts and contracts payable Salaries and compensated absences payable Refundable deposits payable Deferred revenue Due to other funds Bonds payable Deferred compensation funds held for participants TOTAL LIABILITIES 156 594 132 769 626 457 EQUITY AND OTHER CREDITS Contributed capital Investment in general fixed assets Retained earnings - unreserved Fund balance Reserved Unreserved Designated Undesignated 1 485 579 1 497 678 1 279 718 (120 623) 1 497 678 1 485 579 1 159 095 $1 630 447 $2 112 036 $1 315 689 TOTAL EQUITY AND OTHER CREDITS TOTAL LIABILITIES, EQUITY AND OTHER CREDITS See Notes to Financial Statements. -2- I I I I I I I I I I I I I I I I I I I I I Exhibit 1 proprietary Fiduciary Fund Type Fund Type Account Groups I General Total General Long-term (Memorandum OnI y) Enterprise Acrency Fixed Assets Debt 1994 1993 I $1 398 243 $ $ $ $ 5 450 774 $ 5 815 615 225 197 564 53 579 55 723 I 255 765 307 644 269 294 41 088 163 243 107 512 87 642 52 192 690 525 886 886 I 140 259 59 153 415 153 415 148 896 13 434 13 434 17 221 6 040 832 3 894 635 9 935 467 9 526 936 I 364 364 549 128 979 1.28 979 111 681. I 1 485 579 1 485 579 1 999 197 1 275 755 1 275 755 1 444 307 I $7 955 897 $128 979 $3 894 635 $2 761 334 $19 799 017 S20 696 715 I $ 130 075 $ $ $ $ 177 635 $ 456 982 2 843 20 834 36 363 36 994 24 760 84 191. 690 555 964 192 I 140 259 59 30 000 2 740 500 2 770 500 3 466 500 128 979 128 979 111 681 I 1.62 918 128 979 2 761. 334 3 969 051 5 120 599 I 7 100 609 7 100 609 6 894 145 3 894 635 3 894 635 3 454 841 692 370 692 370 869 694 I 1 485 579 2 033 382 2 777 396 2 385 323 (120 623) (61. 269) I 7 792 979 3 894 635 15 829 966 15 576 116 $7 955 897 $128 979 $3 894 635 $2 761 334 $19 799 017 $20 696 715 I I I I -3- CITY OF SHOREWOOD, MINNESOTA COMBINED STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE ALL GOVERNMENTAL FUND TYPES YEAR ENDED DECEMBER 31, 1994 General Debt Service REVENUE General property-taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Miscellaneous Special assessments Interest on investments Other $1 487 398 $ 8 249 256 243 441 040 620 42 233 73 998 248 844 78 021 54 636 112 406 TOTAL REVENUE 312 349 2 491 339 EXPENDITURES Current General government Public safety public works Parks and recreation Capital outlay Debt service principal Interest and service charges 755 097 618 047 433 699 128 600 681 000 120 862 TOTAL EXPENDITURES 801 862 1 935 443 EXCESS REVENUE (EXPENDITURES) OTHER FINANCING SOURCES (USES) Proceeds of bonds issued Operating transfers in Operating transfers out 555 896 (489 513) 40 000 (601 500) TOTAL OTHER FINANCING SOURCES (USES) (561 500) EXCESS REVENUE AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES (5 604) (489 513) FUND BALANCE, JANUARY 1 1 503 282 1 999 197 FUND EQUITY TRANSFER IN 426 732 FUND EQUITY TRANSFER (OUT) (450 837) $1 497 678 $1 485 579 $1 159 095 (81 010) FUND BALANCE, DECEMBER 31 See Notes to Financial Statements. -4- Capital proiects $ 114 168 16 595 64 982 68 622 264 367 616 434 616 434 (352 067) 954 425 (322 325) 632 100 280 033 854 957 105 115 I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA Exhibit 3 STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL GENERAL FUND YEAR ENDED DECEMBER 31, 1994 Variance - Favorable Budqet Actual (Unfavorable) REVENUE General property taxes $1 491 888 $1 487 398 $ (4 490) Licenses and permits 146 500 256 243 109 743 Intergovernmental 439 015 441 040 2 025 Charges for services 18 000 42 233 24 233 Fines and forfeitures 75 000 73 998 (1 002) Miscellaneous Interest on investments 65 000 78 021 13 021 Other 107 800 112 406 4 606 TOTAL REVENUE 2 343 203 2 491 339 14$ 1;36 EXPENDITURES General government 793 568 755 097 38 471 Public safety 631 365 618 047 13 318 Public works 430 539 433 699 (3 160) Parks and recreation 115 352 128 600 (13 248) TOTAL EXPENDITURES 1 970 824 1 935 443 35 381 EXCESS REVENUE (EXPENDITURES) 372 379 555 896 183 51.7 OTHER FINANCING SOURCES (USES) Operating transfers in 40 000 40 000 Operating transfers out (471 500) (601 500) (130 000) TOTAL OTHER FINANCING SOURCES (USES) (431 500) ~561 500) (130 000) EXCESS REVENUE AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES $ (59 121) (5 604) $ 53 517 FUND BALANCE, JANUARY 1 1 ?03 282 FUND BALANCE, DECEMBER 31 $1 497 678 See Notes to Financial Statements. -6- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA Exhibit 4 COMBINED STATEMENT OF REVENUE, EXPENSES AND CHANGES IN RETAINED EARNINGS ALL PROPRIETARY FUND TYPES YEAR ENDED DECEMBER 31, 1994 OPERATING REVENUE Sales Less cost of sales $ 773 132 615 640 157 492 964 404 154 512 1 276 408 121 858 10 009 19 974 261 896 38 784 194 710 1 301 16 276 16 913 50 922 730 268 30 557 6 594 40 666 1 540 728 (264 320) 18 689 64 551 78 391 (4 035) 157 596 (106 724) 10 000 (80 600) (177 324) 869 694 232 604 (232 604) S 692 370 GROSS PROFIT Charges for services Permits and connection fees GROSS PROFIT AND REVENUE OPERATING EXPENSES Personal services Supplies Repairs and maintenance Depreciation Professional services Contracted services Conununi cat ion Insurance Water purchases Utilities Metropolitan Waste Control Conunission disposal charges Rent Advertising Other TOTAL OPERATING EXPENSES OPERATING LOSS OTHER REVENUE (EXPENSES) General property taxes Interest on investments Other income Interest expense TOTAL OTHER REVENUE (EXPENSES) LOSS BEFORE TRANSFERS OPERATING TRANSFERS FROM OTHER FUNDS OPERATING TRANSFERS TO OTHER FUNDS NET LOSS RETAINED EARNINGS, JANUARY 1 FOND EQUITY TRANSFER IN FUND EQUITY TRANSFER OUT RETAINED EARNINGS, DECEMBER 31 See Notes to Financial Statements. -7- CITY OF SHOREWOOD, MINNESOTA COMBINED STATEMENT OF CASH FLOWS ALL PROPRIETARY FUND TYPES YEAR ENDED DECEMBER 31, 1994 Exhibit 5 CASH FLOWS FROM OPERATING ACTIVITIES Operating loss Other income related to operations Adjustments to reconcile operating loss to net cash provided by operating activities: Depreciation and amortization (Increase) decrease in assets - Taxes Accounts Accrued interest Special assessments Inventory Prepaid items Increase (decrease) in liabilities - Accounts payable Salaries and compensated absences payable $ (264 320) 78 391 261 896 (110) (38 277) (14 819) (266) (4 519) 3 787 7 428 (119) 29 072 (80 600) 10 000 (70 600) (15 000) (4 035) (23 984) 18 689 232 604 (232 604) (24 330) 64 551 (1 307) 1 399 550 $1 398 243 CASH FLOWS PROVIDED BY OPERATING ACTIVITIES CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Operating transfers to other funds Operating transfers from other funds CASH FLOWS USED BY NONCAPITAL FINANCING ACTIVITIES CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Bond principal paid Interest paid on revenue bonds Acquisition of property and equipment Property taxes levied for debt service Fund equity transfer in Fund equity transfer out CASH FLOWS USED BY CAPITAL AND RELATED FINANCING ACTIVITIES CASH FLOWS FROM INVESTING ACTIVITIES Interest on investments DECREASE IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS, JANUARY 1. CASH AND CASH EQUIVALENTS, DECEMBER 31 NONCASH CAPITAL AND RELATED FINANCING ACTIVITIES Property and equipment acquired from other funds Disposal of property and equipment $ 206 464 (24 917) $ 181 547 TOTAL NONCASH CAPITAL AND RELATED FINANCING ACTIVITIES See Notes to Financial Statements. -8- I I I I I I I I I I I I I I I I I I I I I Note 1: I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the City of Shorewood, Minnesota have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the government's accounting policies are described below. A. Reportinq Entity The City of Shorewood is a statutory city operating in accordance with the Plan A form of government. As required by generally accepted accounting principles, the financial statements of the reporting entity include those of the City of Shorewood (the primary government) and its component units. The City of Shorewood does not have any component units requiring either a blended or discrete presentation. B. Fund Accountinq Fund accounting is designed to demonstrate legal compliance and to aid financial management by segregating transactions related to certain government functions or activities. The accounts of the City are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenue, and expenditures or expenses, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. The various funds are grouped, in the financial statements in this report, into five generic fund types and three broad fund categories. The broad fund categories are .governmental, proprietary and fiduciary. Governmental fund types account for all or nearly all of a government's general activities, proprietary fund types account for enterprise activities, and fiduciary fund types are used to account for assets held on behalf of others. The fund types accounted for within each broad fund category follow: GOVERNMENTAL FUND TYPES: General Fund .. The General Fund is the general operating fund of the City and accounts for all revenues and expenditures not required to be accounted for in another fund. Debt Service Funds .. Debt Service Funds are used to account for the accumulation of resources for, and the payment of general long-term debt principal, interest and related costs. Capital Projects Funds .. Capital Projects Funds are used to account for all resources used for the acquisition or construction of major capital facilities. -9- I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 I Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED PROPRIETARY FUND TYPES: I Enterprise Funds - Enterprise Funds are used to account for operations (a) that are financed and operated in a manner similar to private business enterprises where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges; or (b) where the revenue earned, expenses incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability, or other purposes. I I FIDUCIARY FUND TYPES: I Agency Funds - Agency Funds are used to account for assets held by the City on behalf of others as their agent. The governmental fund types previously discussed are designed to account for the financial flow of a particular fund; therefore, they generally include only current assets and current liabilities on their balance sheets. Their reported fund balance is considered a measure of available spendable resources. The City also maintains two account groups for noncurrent assets and liabilities. These account groups are concerned only with the measurement of financial position. They are as follows: I I General Fixed Assets Account Group - This separate account group contains the fixed assets used in the governmental fund type operations. They are assets of the City as a whole and not of individual funds. Public domain general fixed assets consisting of certain improvements other than buildings, including roads, curbs and gutters, streets and sidewalks, drainage systems, are not capitalized along with other general fixed assets. The assets are valued at estimated historical cost or appraised value and no depreciation has been provided on them. I I I General Long-term Debt Account Group - This separate account group contains the long-term liabilities of the City expected to be financed from governmental funds. They are liabilities of the City as a whole and not of individual funds. The exception to this rule is for proprietary fund type long-term debt which is accounted for in that fund type. I All proprietary fund types are accounted for on a cost of services or capital maintenance measurement focus. Therefore, all assets and liabilities, both current and noncurrent, are included on their balance sheets. All fixed assets are stated at historical or estimated historical cost. I I C. Basis of Accountinq The accounting and financial reporting treatment applied to a fund is determined by its measurement focus. All governmental fund types are accounted for using a current financial resources measurement focus. With this measurement focus, only current assets and current liabilities generally are included on the balance sheet. Operating statements of these funds present increases (i.e., revenue and other financing sources) and decreases (i.e., expenditures and other financing uses) in net current assets. I I I I -10- I I I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED I All proprietary fund types are accounted for on a flow of economic resources measurement focus. With this measurement focus, all assets and all liabilities associated with the operation of these funds are included on the balance sheet. Fund equity (i.e., net total assets) is segregated into contributed capital and retained earnings components. proprietary fund-type operating statements present increases (e.g., revenue) and decreases (e.g., expenses) in net total assets. I I The modified accrual basis of accounting is used by all governmental fund types and agency funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e., when they become both measurable and available). "Measurable" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. The government considers property taxes as available if they are collected within 60 days after year end. Special assessments are recognized as revenue as the principal amount is collected. Substantially all other sources of revenue are accrued. Expenditures are generally recorded when the related fund liability is incurred except principal and interest on general long-term debt which are recorded as fund liabilities when due. I I I proprietary fund types are accounted for using the accrual basis of accounting. Their revenue is recognized when it is earned, and their expenses are recognized when they are incurred. I Fixed assets are recorded in the proprietary fund types at historical cost. Depreciation is charged as an expense against operations and accumulated depreciation is reported on proprietary fund balance sheets. Depreciation has been provided over the estimated useful lives using the straight-line method. The estimated useful lives are as follows: I I Furniture and equipment Distribution and collection systems 5 - 10 years 40 years D. Budqets I Budgets are adopted on a basis consistent with generally accepted accounting principles. An annual appropriated budget is adopted for the general fund. All annual appropriations lapse at fiscal year end. project-length financial plans are adopted for all capital projects funds. The City follows these procedures in establishing the budgetary data reflected in the financial statements: I I 1. Prior to January 1, the budget is adopted by the City Council. 2. Formal budgetary integration is employed as a management control device during the year for the General Fund. Budgetary control is exercised by the Council at the activity level but management control is exercised at the line item level. I I 3. Reported budget amounts are as originally adopted or as amended by Council approved supplemental appropriations and budget transfers. Supplemental budgetary appropriations were not material in 1994 in relation to the original appropriation. I I I -11- CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED I I Cash and investments include demand deposits and short-term investments. The City invests cash balances from all funds, to the extent available, in certificates of deposit and other authorized investments. Investments are carried at cost or amortized cost, except for investments in the deferred compensation agency fund which are reported at market value. I E. Cash and Investments I F. Cash and Cash Equivalents For purposes of the statement of cash flows of the Enterprise Funds, all highly liquid investments with a maturity of three months or less when purchased are considered to be cash equivalents. I G. lnventories I Inventories are valued at average cost, which approximates market, using I the first-in/first-out (FIFO) method. H. Prepaid Items Payments made to vendors for service that will benefit periods beyond December 31, 1994 are recorded as prepaid items. I . Fixed Assets I General fixed assets are not capitalized in the funds used to acquire or construct them. Instead, capital acquisition and construction are reflected as expenditures in governmental funds, and the related assets are reported in the general fixed assets account group. All purchased fixed assets are valued at cost where historical records are available and at an estimated historical cost where no historical records exist. Donated fixed assets are valued at their estimated fair market value on the date received. I I I Public domain ("infrastructure") general fixed assets consisting of roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and I lighting systems are not capitalized, as these assets are immovable and of value only to the government. Assets in the general fixed assets account group are not depreciated. I Depreciation of buildings, equipment and vehicles in the proprietary fund types is computed using the straight-line method. The costs of normal maintenance and repairs in the proprietary fund types I that do not add to the value of the asset or materially extend asset lives are not capitalized. Improvements are capitalized and depreciated over the remaining useful lives of the related fixed assets. J. Compensated Absences Vested accumulated vacation or sick leave that is expected to be liquidated with expendable available financial resources is reported as an expenditure and a fund liability of the governmental fund that will pay it. Amounts of vested or accumulated vacation leave that are not expected to be liquidated with expendable available financial resources are reported in the general "long-term debt account group. No expenditure is reported for these amounts. Vested or accumulated vacation leave of proprietary fund types is recorded as an expense and liability of those funds as the benefits accrue to employees. No liability is recorded for nonvesting accumulating rights to receive sick pay benefits. I I I I -12- I I I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED I K. Lonq-term Obliqations I Long-term debt is recognized as a liability of a governmental fund when due, -or when resources have been accumulated in the debt service fund for payment early in the following year. For other long-term obligations, only that portion expected to be financed from expendable available financial resources is reported as a fund liability of a governmental fund. I Long-term liabilities expected to be financed from proprietary fund operations are accounted for in those funds. I All long-term bonded debt, except the Tax Increment Revenue Bonds, issued by the City is backed by the full faith and credit of the City. The general obligation bonds include special assessment and revenue bond.$, which are intended to be repaid from revenue sources other than general property taxes. L. Fund Equity Contributed capital is recorded in proprietary funds that have received capital grants or contributions from developers, customers or other funds. Reserves represent those portions of fund equity not appropriable for expenditure or legally segregated for a specific future use. Designated fund balances represent tentative plans for future use of financial resources. I I I M. Interfund Transactions I I Quasi-external transactions are accounted for as revenue, expenditures or expenses. Transactions that constitute reimbursements to a fund for expenditures/expenses initially made from it that are properly applieable to another fund are recorded as expenditures/expenses in the reimbursing fund and as reductions of expenditures/expenses in the fund that is reimbursed. I All other interfund transactions, except quasi-external transactions and reimbursements, are reported as transfers. Nonrecurring or nonroutine permanent transfers of equity are reported as residual equity transfers. All other inter fund transfers are reported as operating transfers. N. Memorandum Onlv - Total Columns I I Total columns on the general purpose financial statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations or changes in cash flows in conformity with generally accepted accounting principles. Neither are such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. I O. Comparative Data I Comparative total data for the prior year has been presented in the accompanying financial statements in order to provide an understanding of changes in the government's financial position and operations. However, comparative data have not been presented in all statements because their inclusion would make certain statements unduly complex and difficult to understand. I I I -13- CITY OF SHOREWOOD, MINNESOTA. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 I Note 2: LEGAL COMPLIANCE - BUDGETS I On or before the last Friday in August of each year, all agencies of the government submit requests for appropriation to the City's administrator so that a budget may be prepared. The annual appropriated General Fund budget is prepared.by function and activity, and includes information on the past year, current year estimates and requested appropriations for the next fiscal year. The proposed budget is presented to the government's council for review. The government's council holds public hearings and may add to, subtract from or change appropriations. Any changes in the annual appropriated General Fund budget must be within the revenues and reserves estimated as available or the revenue estimates must be changed by an affirmative vote of a majority of the government's council. I I I Formal budgetary integration is employed as a management control device dw:-ing the year. Budget revisions between functions or activities are authorized by the City Council in accordance with the City policy at the request of the City Administrator. The legal level of budgetary control is therefore at the activity level. During the year, supplementary appropriations were not material. I I The City Administrator is authorized to approve transfers of appropriations between individual expenditure accounts within a department's budget. However, interdepartmental or inter fund transfers of appropriations or increases in appropriations are required to be authorized by the City Council. I Note 3: DEPOSITS AND INVESTMENTS I Cash surpluses are pooled and invested in certificates of deposit and short-term government securities. Investment earnings are allocated to funds I on the basis of average cash balances. Investments are stated at cost, which approximates market value, and are not identified with specific funds. Deposits I In accordance with Minnesota Statutes, the City maintains deposits at those depository banks authorized by the City Council, all of which are members of the Federal Reserve System. Minnesota Statutes require that all City deposits be protected by insurance, surety bond, or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by insurance or bonds (140% in the case of mortgage notes pledged). Authorized collateral includes the legal investments described below, as well as certain first mortgage notes, and certain other state or local government obligations. Minnesota Statutes require that securities pledged as collateral be held in safekeeping by the City treasurer or in a financial institution other than that furnishing the collateral. I I I Bank Balances Carrying Amount I Balances at December 31, 1994: Insured or collateralized by securities held by the City or its agent in the City's name $2 431 689 $2 388 143 I Investments I The City also invests idle funds, as authorized by Minnesota Statutes, in the following: a. Direct obligations or obligations guaranteed by the United States or I its agencies. -14- I I I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 3: DEPOSITS AND INVESTMENTS - CONTINUED I b. Shares of investment companies registered under the Federal Investment Company Act of 1940 and whose only investments are in securities described in (a) above. I c. Bankers acceptances of United States Banks eligible for purchase by the Federal Reserve System. I d. Commercial paper issued by United States corporations or their Canadian subsidiaries, of the highest quality, and maturing in 270 days or less. I e. Repurchase or reverse repurchase agreements with banks that are members of the Federal Reserve System with capitalization exceeding $10,000,000, a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New York, or certain Minnesota securities broker-dealers. I Balances at December 31, 1994: I Securities Credit Risk Cateclorv TvOe 1 2 3 U.S. Government $2 371 888 $ $ Commercial Paper 690 143 Total investments $3 062 631 $ $ Carrying Market Amount value $2 311 888 $2 350 664 690 143 698 G48 3 062 631 3 049 312 128 919 128 979 $3 191 610 $3 118 291 I I Investment Pools Deferred compensation investments Total Investments I The City'S investments are categorized to give an indication of the level of risk assumed at year end. Category 1 includes investments that ;are insured Or registered or for whieh the securities are held by the City or its a~t in the City'S name. category 2 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department or agent in the City'S name. Category 3 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department or agent but not in the City's name. The following is a summary of the cash and temporary investments reported on the combined balance sheet as of December 31: I I Total $2 388 143 3 191 GI0 $5 579 153 I Deposits Investments I Classified on the combined balance sheet as: I Cash and investments Investments for deferred compensation plans, at market $5 450 114 128 979 I Total $5 579 153 I I -15- CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 4: RECEIVABLES A. Property Taxes The City Council annually adopts a tax levy by December 28 and certifies it to the County for collection the following year. The County is responsible for collecting all property taxes for the City. These taxes attach an enforceable lien on January 1 on taxable property and is payable in May and October each year. The taxes are collected by the County Treasurer and tax settlements are made to the City three times each year. Taxes payable on homestead property, as defined by State Statutes, are partially reduced by a homestead and agricultural credit aid. These credits are paid to the City by the State of Minnesota in lieu of taxes levied against homestead property. The State remits this credit in two equal installments in July and December each year. I I I I I I Allowances are provided for the full amount of delinquent taxes except those collected by the County in November and December and remitted to the I City within sixty days after year end. The allowance is reported on the balance sheet as deferred revenue. B. Accounts Receivable Accounts receivable include amounts billed for services provided before year end. C. Special Assessments Special assessments receivable include the following components: . Delinquent - includes amounts billed to property owner~ but not paid. Deferred - includes assessment installments which will be billed to property owners in future years. . I I I I Special assessments are recognized as a receivable and deferred revenue when the assessments are certified to the County for collection. Special I assessments are recognized as revenue when received in cash. Note 5: FIXED ASSETS The following is a summary of changes in the general fixed assets account group during the year: Land Buildings and structures Improvements other than buildings Furniture and equip- ment Balance January 1, 1994 $ 456 826 1 327 073 773 667 897 275 $3 454 841 Balance December 31, Retirements 1994 Additions $ $ $ 456 826 1 327 073 384 604 1 158 271 952 465 44 078 99 268 Total general fixed assets $483 872 $ 44 078 $3 894 635 -16- I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 5: FIXED ASSETS - CONTINUED I A summary of proprietary fund type property and equipment at December 31, 1994 follows: I Liquor Public Utilities Funds Wat.er Sewer Store II Total Furniture and equipment $ 24 148 $ 36 661 $ 21 288 $ 82 097 Collection and distribution systems 3 046 026 7 345 787 10 391 813 Total 3 070 174 7 382 448 21 288 10 473 910 Less accumulated depreciation (674 614) (3 748 195) (10 269) (4 433 078) Net property, plant and equipment $2 395 560 $3 634 253 $ 11 019 $ 6 040 832 I I I Note 6: LONG-TERM OBLIGATIONS I Long-term Obligations - Bonds The following is a summary of changes in long-term bonded debt of the City for the year ended December 31, 1994: I General Long-term Debt Account Group Special Tax Increment Assessment Revenue Bond Proprietary Funds I Revenue Total I Payable January 1, 1994 $2 501 500 $920 000 Debt retired (681 000) Payable December 31, 1994 $1 820 500 $920 000 $ 45 000 (15 000) $3 466 500 (696 QOO) $ 30 000 $2 770 500 I The long-term bonded debt obligations outstanding at December 31, 1994 are summarized as follows: I TYPes of Bonds Maturities Rate Balance December 31, 1994 I General obligation special assessment bonds Tax increment revenue bonds General obligation water revenue bonds 1995 - 2004 1995 - 2000 2.90 - 8.00% 9.00 1995 - 1996 8.50 $1 820 500 920 000 30 000 $2 770 500 I Total I I I I -17- CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 6: LONG-TERM OBLIGATIONS - CONTINUED The annual requirements to amortize all bonded debt outstanding at December 31, 1994, including interest payments totaling $1,060,231 are as follows: General Long-term Debt Account Group Year Ending Special Tax Increment December 31, Assessment Revenue Bond 1995 $ 326 477 $ 603 015 1996 310 505 215 641 1997 293 955 201 691 1998 274 510 187 889 1999 262 543 174 090 2000 - 2004 786 413 160 177 Total $2 254 403 $1 542 503 Proprietary Funds Revenue Total $ 947 042 542 421 495 646 462 399 436 633 946 590 $3 830 731 $ 17 550 16 275 $ 33 825 Long-term Obligations - Other Changes in long-term obligations other than bonds are summarized as follows: Compensated Absences PaYable Payable, January 1 Net change in compensated absences $ 22 004 (1 170) $ 20 834 Payable, December 31 Note 7: OPERATING LEASES The City leases space for both liquor store operations. These leases are considered, for accounting purposes, to be operating leases. The lease for liquor store #1 was terminated in January, 1994. Lease expense for the year ended December 31, 1994 amounted to $30,557. Future minimum lease payments for the liquor store #2 and Tonka Bay leases are as follows: Years Ending December 31, Store II Tonka Bav 1995 $ 30 174 $ 12 000 1996 23 192 12 000 1997 12 000 Total $ 53 366 $ 36 000 The new lease for the Tonka Bay Store began December 12, 1994 and will run through December 31, 1997. Note 8: FUND EQUITY The various components of fund equity are contributed capital, retained earnings, and fund balance. Contributed Capital - The amount represents the value of assets contributed to the enterprise funds by other City funds. Additions during the year totalled $206,464. Reserved Fund Balance - This represents the portion of fund balance which cannot be appropriated for future expenditures. The following reservations of fund equity have been made as of December 31, 1994: -18- I I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 8: FUND EQUITY - CONTINUED I Debt Service Funds Shorewood Oaks 1991 Improvement and Refunding Shady Hills Storm Sewer Improvement 1993 Improvement Waterford III Tax Increment $ 941 577 428 963 4 701 110 071 267 I Total Reserved Fund Balance $1 485 579 I Designated Fund Balance - Designated amounts indicate tentative plans for future uses of financial resources. The following unreserved fund balances have been designated: I General Fund Designated for working capital Capital Projects Funds Designated for capital projects Street Reconstruction Capital Improvements Park Capital Improvement Equipment Replacement MSA Construction Manor Park Warming House Trail Capital Improvement $1 497 678 I I Total Designated Fund Balance 672 081 86 615 147 898 214 344 93 091 1 341 64 348 $2 777 396 I I Unreserved and undesignated amounts are available to finance current and future years' expenditures. Note 9: COMPLIANCE AND ACCOUNTABILITY I Fund Deficits I The following funds have a deficit fund balance or retained earnings as of December 31, 1994: I Capital Projects Funds Silverwood Park Grading City Hall Parking Lot Seasons Improvements Island Dry Hydrant Improvement Vine Hill Improvement Old Market Road Trail Enterprise Fund Water Fund $ 13 509 7 323 58 732 5 108 20 312 15 639 159 484 I I The deficits in all funds will be eliminated by future revenues. I I I -19- I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 10: SEGMENT INFORMATION - PROPRIETARY FUNDS Water Recvclinq Sewer Sales less cost of sales of $41,088 and $574,552, respectively $ $ $ Charges for services 184 204 668 530 67 605 Permits and connection fees 78 688 75 824 Gross profit and revenue Expenses excluding depreciation Income before depreciation Depreciation Operating income (loss) Other revenue (expenses) General property taxes Interest on investments Other income (expense) Interest expense Total other revenue (expenses) Income (loss) before transfers OPerating transfers to other funds, net Net income Net working capital Additions to property and equipment Bonds payable from operating revenues Total assets Total equity 262 892 744 354 67 605 159 179 103 713 77 040 26 673 70 204 (2 599) 857 996 (113 (42) 183 500 (297 142) (2 599) 18 689 12 535 7 200 (4 035) 34 389 1 767 30 425 30 351 60 776 1 767 61 062 (236 366) (6 000) (832) (34 (00) $ (832) 26 462 $ (242 3(6) $ $ 324 558 $ 902 341 $ 44 445 120 213 98 108 30 000 2 741 209 4 576 709 48 815 2 705 482 44 445 4 536 594 Note 11: DEFERRED COMPENSATION PLAN Storm Water Mgmt . Utility $ 44 065 44 065 21 788 22 277 22 277 3 112 3 1+2 25 389 10 000 $ 35 389 $ 73 278 73 278 73 278 Liquor Tonka Bay, Store I and Store II $157 492 157 492 1~9 665 (12 173) 1 356 (13 529) 16 712 40 840 57 ~52 44 023 (40 000) $ 4 023 $422 161 12 127 515 886 433 180 Total I I I I I I I I I I I I I I I I $ 157 492 964 404 154 512 1 276 408 1 278 832 (2 424) 261 89f$ (264 320.) 18 689 64 551 78 391 (4 035) +:;7 59~ (106 724) (70 (00) $ (177 ~24) $1 766 783 230 448 30 000 7 955 897 7 792 979 The government offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The plan, available to all employees, permits them to defer a portion of their salary until future years. Participation in the plan is optional. The deferred compensation is not available to employees until termination, retirement, death or unforeseeable emergency. -20- I I I I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 I Note 11: DEFERRED COMPENSATION PLAN - CONTINUED I All amounts of compensation deferred under the plan, all property and rights purchased with those amounts, and all income attributable to those amounts, property or rights are (until paid or made available to the employee or other beneficiary) solely the property and rights of the City subject only to the claims of the City's general creditors. participants' rights under the plan are equal to those of general creditors of the government in an amount equal to the fair market value of the deferred account for each participant. I I The City has no liability for losses under the plan but does have the duty of due care that would be required of an ordinary prudent investor. The City believes it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. I The plan assets are on deposit with and managed by trustees other tAan the City. Each employee has a choice of investment options within the plan. I Note 12: DEFINED BENEFIT PENSION PLANS - STATEWIDE I A. Plan Descriot~on All full-time and certain part-time employees of the City of Shorewood are covered by a defined benefit pension plan administered by the Public Employee Retirement ASsociation of Minnesota (PERA). PERA administers the Public Employees Retirement Fund (PERF) which is a cost-sharing multiple- employer retirement plan. PERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated members are covered by social Security and Basic members are not. All new members must participate in the Coordinated Plan. The payroll for employees covered by PERF for the year ended December 31, 1994, was $582,892; the City's total payroll was $609,597. I I I PERA provides retirement benefits as well as diSability benefits to members, and benefits to survivors upon death of eligible members. Benefits are established by state statute, and vest after three years of credited service. The defined retirement benefits are based on a member's highest average salary for any five successive years of allowable service, age, and years of credit at termination of service. Two methods are used to compute benefits for Coordinated and Basic members. The retiring member receives the higher of a step-rate benefit accrual formula (Method 1) or a level accrual formula (Method 2). Under Method 1, the annuity accrual rate for a Basic member is 2 percent of average salary for each of the first 10 years of service and 2.5 percent for each remaining year. For a Coordinated member, the annuity accrual rate is 1 percent of average salary for each of the first 10 years and 1.5 percent for each remaining year.. Using Method 2, the annuity accrual rate is 2.5 percent of average salary for Basic members and 1.5 percent for Coordinated members. For PEPFF members, the annuity accrual rate is 2.65 percent for each year of service. For PERF members whose annuity is calculated using Method 1, a full annuity is available when age plus years of service equal 90. There are different types of annuities available to members upon retirement. A normal annuity is a lifetime annuity that ceases upon the death of the retiree. No survivor annuity is payable. There are also various types of joint and survivor annuity options available which will reduce the monthly normal annuity amount, because the annuity is payable over joint lives. Members may also leave their contributions in the fund upon termination of public service, in order to qualify for a deferred annuity at retirement age. Refunds of contributions are available at any time to members who leave public service, but before retirement benefits begin. I I I I I I I I -21- I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 12: DEFINED BENEFIT PENSION PLANS - STATEWIDE - CONTINUED I B. Contributions Required and Contributions Made I Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. The City makes annual contributions to the pension plans equal to the amount required by State Statutes. According to Minneso~a Statutes Chapter 356.215, Subd. 4(g), the date of full funding required for the PERF and the PEPFF is the year 2020. As part of the annual actuarial valuation, PERA's actuary determines the sufficiency of the statutory contribution rates towards meeting the required full funding deadline. The actuary compares the actual contribution rate to a "required" contribution rate. Current combined statutory contribution rates and actuarially required contribution rates for the plans are as follows: I I Statutory Rates Emolovees Emolover Required Rates. I PERF (Basic and Coordinated Plans) 4.30% 4.60%' 9. sat I The recommended rates scheduled above represent the required rates for fiscal year 1994 contributions as reported in the July 1, 1993, actuarial valuation reports. Total contributions made by the City during fiscal year 1994 were: . I Amounts Emolovees Emplover Percentage of Covered Payroll EmPlovees Emolov~r I PERF $ 24 582 $ 26 034 4.21% 4.47%' I The city's contribution for the year ended June 30, 1994 to the PERF represented .01 percent of total contributions required of all participating entities. C. FundinQ' Status and PrOQ'ress I 1. Pension Benefit Obligations I The "pension benefit obligation" is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of I projected salary increases and step-rate benefits, estimated to be payable in the future as a result of employee service to date. The measure, which is the actuarial present value of credited projected benefits, is intended to help users assess PERA's funding status on a I going-concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among Public Employees Retirement Systems and among employers. PERA does not make separate measurements of assets and pension benefit obligations for I individual employers. The pension benefit obligations as of June 30, 1994, are shown below: (In thousands) PERF I Total pension benefit obligations Net assets available for benefits, at cost (Market Values for PERF = $4,762,519) Unfunded (assets in excess of) pension benefit obligation $5 625 598 4 733 845 I $ 891 753 I -22- I I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 12: DEFINED BENEFIT PENSION PLAN - STATEWIDE - CONTINUED I I The measurement of the pension benefit obligation is based on an actuarial valuation as of June 30, 1994. Net assets available to pay pension benefits were valued as of June 30, 1994. I For the PERF, significant actuarial assumptions used in the calculation of the pension benefit obligation include (a) a rate of return on the investment of present and future assets of 8.5 percent per year, compounded annually, prior to retirement, and 5.0 percent per year, compounded annually, following retirement; (b) projected salary increases taken from a select and ultimate table; (c) payroll growth at 6.0 percent per year, consisting of 5.0 percent for inflation and 1.0 percent due to growth in group size; (d) post- retirement benefit increases that are accounted for by the 5.0 percent rate of return assumption following retirement; and (e) mortality rates based on the 1983 Group Annuity Mortality Table set forward on~ year for retired m~mbers and set back five years for each active member. I I I I Actuarial assumptions used in the calculation of the PEPFF include (a) a rate of return on the investment of present and future assets of 8.5 percent per year, compounded annually, priOr to retirement, and 5.0 percent per year, compounded annually, fOllowing retirement; (b) projected salary increases of 6.5 percent per year, compounded annually attributable to the affects of inflation; (c) post-retirement increases that are accounted for by the 5.0 percent rate of return assumption following retirement; and (d) mortality rates based on the 1971 Group Annuity Mortality Table projected to 1984 for males and females. I I 2. Changes in Benefit provisions I The 1994 legislative session did not include any benefit improvements which would impact funding costs for the PERF. I 3 . Changes in Actuarial Assumptions Prior to fiscal year 1994, the salary increase assumption and the mortality tables used in the calculation of pension benefit obligation for the PERF were the same as those specified for the PEPFF. For the July 1, 1994 actuarial valuation, PERA's board of trustees approved new mortality rates updated to the 1983 Group Annuity Mortality Table, salary increases which were changed to a select and ultimate table and a new payroll growth assumption which was changed from 6.5 percent to 6.0 percent. These changes were made to reflect actual experience of the plan. I I I With the adoption of the actuarial assumption changes and the new mortality tables for the PERF, the pension benefit obligation increased $56,596,000. The actuarial assumption changes also necessitated a $81,201,000 transfer from the PERF Benefit Reserve to the PERF Minnesota Post Retirement Investment Fund (MPRIF) Reserve to finance the increased obligation for future retirement benefits. The change in the mortality rate assumption increased the PERF's costs because pensioners are living longer than assumed previously. The change in the salary increase assumption, however, offset some of the additional costs because lower salary increases generally translate into lower benefit liabilities in the future. I I I I -23- CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 I Note 12: DEFINED BENEFIT PENSION PLAN - STATEWIDE - CONTINUED I Ten-year historical trend information is presented in PERA's Comprehensive Annual Financial Report for the year ended June 30, 1994. This information is useful in assessing the pension plan's accumulation of sufficient assets to pay pension benefits as they become due. I D. Ten-Year Historical Trend Information I E. Related Party Investments As of June 30, 1994, and for the fiscal year then ended, PERA held no securities issued by the City or other related parties. I Note 13: ADVANCE REFUNDING AND DEFEASANCE OF DEBT Advance Refundinq Issues- Prior Years On April 29, 1987, the City issued general obligation refunding bonds in the amount of $875,000 to advance refund $1,250,000 outstanding 1984 general . obligation bonds. The proceeds of the refunding issue plus additional oash from the debt servioe have been plaoed in an irrevooable esorow aocount and have been invested in U.S. Government obligations. The maturities of these investments ooinoide with the principal and interest payment dates of the refunded bonds and have been certified to be sufficient to pay all principal and interest on the refunded bonds when due, as required by applicable laws. The original refunded bonds were redeemed on February 1, 1994. On October 11, 1993, the City issued general obligation improvement bonds in the amount of $325,000. A portion of the bond proceeds, along with funds available in the 1984 Improvement (1987 Refunding) Debt Service Fund, were used to call, on February 1, 1994, the remaining G.O. Improvement Bonds, Series 1987A. I I I I I Note 14: TAX INCREMENT REVENUE BONDS During 1991, the City issued $920,000 Tax Increment Revenue Bonds. The proceeds of the issue will be used to pay for public improvements stipulated in the development agreements. The bond prooeeds and related improvement costs are reported in the Waterford III Tax Increment Improvement Capital Projects Fund. The bonds were issued at par value not to exceed $920,000. The bonds are not a general obligation of the City and are not backed by the full faith and credit or taxing powers of the City. The bonds are payable solely from the tax increments from the City's Tax Increment Financing District No.1. In addition, upon completion of the project, all excess bond proceeds will be repaid to the holder of the bonds as principal reduction. Interest at a rate of nine percent will accrue from the date of issuance of the bonds but will not be payable until tax increment is available at which time the increment will first be applied to the accrued interest. I I I I The bonds payable are reported as a liability in the General Long-term Debt Account Group in the financial statements even though: I . The bonds issued are tax increment revenue bonds. . The bonds are not backed by the full faith and credit of the City. I . The bonds will be repaid only to the extent that tax increments are generated from the Tax Increment Financing District. I I -24- I I CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 I Note 15: JOINT POWERS AGREEMENT I The City of Shorewood participates in a joint powers agreement with the cities of Excelsior, Greenwood, and Tonka Bay which establishes the South Lake Minnetonka Public Safety Department for the purpose of providing police protection within the four communities. The agreement creates a coordinating committee, comprised of the mayors of each participating community, as the governing body, which meets quarterly. Each year the Coordinating committee adopts an operating budget, which is approved by all participating cities. The cost of the budget is divided between the participating cities based upon a five-year average demand for service in each city. The percentage contributed in 1994 by the City of Shorewood is 43.2%. Any budget shortfall is made up first from department reserves, with any excess shortfall assessed ~o each participating community according to the formula. The current agreement continues through December 31, 1997. The Department has accounts payable, and accrued payroll and compensated absences in the General Fund of $140,222, and deferred compensation benefits payable in the Agency Fund of $123,590 at year end. There is no other current or long-term debt outstanding as of December 31, 1994. The following is a summary of the Department's balance sheet as of December 31, 1994 and the statement of revenue, expenditures and changes in fund balance for the General Fund for the year ended December 31, 1994. This information is taken frot'll the financial statetnents of the Department which may be obtained directly from them. I I I I I I SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS DECEMBER 31, 1994 I I General Totals General Agency Fixed (Memorandum ~lY) Fund Fund Assets 1994 ],~93 Total assets $249 791 $123 590 $300 352 $673 733 $630 625 Liabilities $140 222 $123 590 $ $263 812 $244 289 Fund equity 109 569 300 352 409 921 386 336 Total liabilities and fund equity $249 791 $123 590 $300 352 $673 733 $630 625 I I I SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT SUMMARY STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - GENERAL FUND - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 1994 I 1994 1993 Variance - Favorable Budqet Actual (Unfavorable) Actual Total revenue $1 046 830 $1 088 905 $ 42 075 $1 058 711 Total expenditures 1 071 330 1 073 448 (2 118) 1 061 502 Excess of revenue over (under) expenditures $ (24 500) 15 457 $ 39 957 (2 791) Fund balance, January 1 94 112 96 903 Fund balance, December 31 $ 109 569 $ 94 112 I I I I -25- CITY OF SHOREWOOD, MINNESOTA NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 Note 16: INTERFUND RECEIVABLES AND PAYABLES The following is a summary of interfund receivables and payables at year end: Capital Projects Funds Street Reconstruction Park Capital Improvement Trail Capital Improvement Silverwood Park Improvement City Hall Parking Lot Seasons Improvements Island Dry Hydrant Improvement Vine Hill Improvement Old Market Road Trail Payable Receivable To From $114 526 $ 13 470 12 263 13 470 33 957 58 434 2 125 20 010 12 263 $140 259 $140 259 Total Note 17: RELOCATION OF MUNICIPAL LIQUOR STORE #1 In January, 1994, the City's liquor store #1 was closed because of reconstruction Qf the business intersection where it was located. The city has entered into a lease for a new location for this store, which opened in February, 1995. Note 18: TONKA BAY LIQUOR OPERATING LEASE In December, 1994, the City of Shorewood entered into an agreement with the City of Tonka Bay to lease and operate its municipal liquor operations. The lease extends over a period of three years, ending on December 31, 1997. Under the agreement, a base rent of $1,000 per month, plus a percentage rent of 2\ of gross sales in excess of $400,000 per year will be paid to the City of Tonka Bay. Shorewood leases the building and fixtures and has purchased the merchandise inventory from Tonka Bay. The City of Shorewood will operate the location as part of its current municipal liquor operation. -26- .1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , CITY OF SHOREWOOD, MINNESOTA The General Fund is used to ac::count for resources traditionally associated with ggvemment . }Vhich are not required legally or by sound fmancial management .t9 be accounted for in /other funds. It normally ~ivesa greater variety an4 number of taxes apd other general revenues than any other.fund. The majority of the. current day-to~y operationsyvill.be fmanced from this fund. THE GENERAL FUND ~ I I I I I I I I I I I I I I I I I I I ASSETS Cash and investments Cash held in escrow Receivables Taxes Accounts Accrued interest Contract Special assessments Delinquent Deferred TOTAL ASSETS LIABILITIES AND FUND BALANCE LIABILITIES Accounts and contracts payable Salaries payable Refundable deposits payable Deferred revenue $ 37 901 $ 59 128 12 686 11 965 24 760 84 191 57 422 133 282 132 769 288 566 34 185 75 000 1 497 678 1 394 097 1 497 678 1 503 2~2 $1 630 447 $1 791 848 TOTAL LIABILITIES FUND BALANCE Reserved for cash held in escrow Unreserved Designated for projects Designated for working capital TOTAL FUND BALANCE TOTAL LIABILITIES AND FUND BALANCE -27- I CITY OF SHOREWOOD, MINNESOTA Exhibit A-2 GENERAL FUND STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL YEAR ENDED DECEMBER 3~, ~994 (With comparative amounts for the year ended December 3~, ~993) ~994 Budqet Actual REVENUE General property taxes General property taxes Fiscal disparities Forfeit tax sales $~ 49~ 888 $~ 4~0 6~3 76 785 Total ~ 491 888 1 487 398 Licenses and permits Business Nonbusiness 9 700 10 ~75 136 800 246 068 146 500 256 243 Total Intergovernmental Federal Community development block grant State Property tax credits Other 2 025 425 265 425 265 ~3 750 ~3 750 Total 439 0~5 441 040 Charges for services General government Parks and recreation 7 500 33 447 10 500 8 786 18 000 42 233 75 000 73 998 Total Fines and forfeitures Miscellaneous revenue Special assessments Interest on investments Other 65 000 78 02~ ~07 800 112 406 Total 172 800 ~90 427 TOTAL REVENUE 2 343 203 2 491 339 -28- Variance - Favorable (Unfavorable) $ (8~ 275) 76 785 (4 490) 475 109 268 109 743 2 025 2 025 25 947 (1 714) 24 233 (1 002) 13 021 4 606 17 627 ~48 136 I I 1993 Actual I I I I I $~ 437 163 76 958 1 5~2 1 515 633 10 150 237 407 247 557 412 352 13 750 426 102 I I 4 868 329 5 197 70 135 I I I I I 265 86 374 38 647 125 286 2 389 910 I I Continued I I I I CITY OF SHOREWOOD, MINNESOTA Exhibit A-2 GENERAL FUND Continued STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL - CONTINUED YEAR ENDED DECEMBER 31, 1994 (With comparative amounts for the year ended December 31, 1993) I 1994 I I I I I I Budqet EXPENDITURES General government Mayor and Council Personal services $ 13 714 $ Supplies 500 Other services and charges 36 417 Contingency 25 000 Capital outlay 600 Total 76 231 Administrative Personal services 85 984 Supplies 800 Other services and charges 8 300 Total 95 084 Finance Personal services 82 232 Supplies 3 400 Other services and charges 7 150 Total 92 782 Professional services Supplies 500 Other services and charges 177 160 Total 177 660 Planning and zoning Personal services 84 267 Supplies 2 000 Other services and charges 6 700 Total 92 967 Municipal building Supplies 8 050 Other services and charges 160 100 Capital outlay Total 168 150 I I I I I I I I I I -29- Actual 13 528 1 636 26 343 41 507 87 804 550 6 708 95 062 77 651 2 796 5 001 85 448 1 004 197 185 198 189 87 396 813 4 516 92 725 5 346 154 434 133 159 913 Variance - Favorable (Unfavorable) $ 186 (1 136) 10 074 25 000 600 34 724 (1 820) 250 1 ~92 22 4 581 604 2 149 7 334 (504) (20 025) (20 529) (3 129) 1 187 2 184 242 2 704 5 666 (133) 8 237 1993 Actual $ 13 621 841 32 302 46 764 83 789 960 8 732 93 481 74 109 2 794 6 059 82 962 836 181 940 182 776 86 769 2 124 4 584 93 477 7 316 77 075 84 391 Continued I CITY OF SHOREWOOD, MINNESOTA Exhibit A-2 GENERAL FUND Continued STATEMENT OF REVENUE , EXPENDITURES AND CHANGES IN FUND BALANCE I BUDGET AND ACTUAL - CONTINUED YEAR ENDED DECEMBER 31, 1994 (with comparative amounts for the year ended December 31, 1993) I 1994 1993 Variance - Favorable I Budqet Actual (Unfavorable) Actual EXPENDITURES - CONTINUED General government Other general government I services Personal services $ 65 669 $ 62 453 $ 3 216 $ 62 416 Supplies 13 750 10 822 2 928 11 610 Other services and charges 11 275 8 978 2 297 10 533 I Total 90 694 82 253 8 441 84 559 Total general government 793 568 755 097 38 471 668 410 I Public safety Police protection Supplies 500 74 426 I Other services and charges 429 541 423 873 5 668 400 ?03 Total 430 041 423 947 6 094 400 7Q3 Fire protection I Other services and charges 109 584 109 747 (163) 101 542 Protective inspection I Personal services 64 365 56 761 7 604 56 231 Supplies 1 775 388 1 387 Other services and charges 25 000 26 767 (1 767) 27 677 Capital outlay 600 437 163 (6 000) I Total 91 740 84 353 7 387 77 908 Total public safety 631 365 618 047 13 318 580 153 I Public works General maintenance Personal services 113 785 138 849 (25 064) 145 720 I Supplies 34 000 33 960 40 29 252 Other services and charges 19 100 15 764 3 336 17 220 Capital outlay 1 000 5 976 (4 976) 9 638 Total 167 885 194 549 (26 664) 201 830 I Streets and roadways Personal services 92 528 80 561 11 967 86 080 I Supplies 30 000 30 663 (663) 30 822 Other services and charges 37 600 41 277 (3 677) 33 953 Total 160 128 152 501 7 627 150 855 I Snow and ice removal Personal services 24 510 19 658 4 852 16 213 Supplies 14 000 13 551 449 11 366 I Total 38 510 33 209 5 301 27 579 I -30- Continued I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA Exhibit A-2 GENERAL FUND Continued STATEMENT OF REVENUE , EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL - CONTINUED YEAR ENDED DECEMBER 31, 1994 (With comparative amounts for the year ended December 31, 1993) 1994 1993 Variance - Favorable Budqet Actual (Unfavorable) Actual EXPENDITURES - CONTINUED Public works Traffic control Supplies $ 4 000 $ 2 469 $ 1 531 $ 3 055 Other services and charges 28 500 31 992 (3 492) 28 911 Total 32 500 34 461 (1 961) 31 966 Sanitation and waste removal Personal services 609 579 30 484 Other services and charges 4 000 2 450 1 550 2 507 Total 4; ~09 3 029 1 580 2 9~1 Tree maintenance Personal services 14 707 3 004 11. 703 5 524 Supplies 12 200 12 946 (746) 15 479 Total 26 907 15 950 10 957 21 q()~ Total public works 430 539 433 699 (3 160) 436 224 Parks and recreation personal services 7l 652 82 837 (11 1.85) 75 092 Supplies 22 150 19 006 3 144 17 029 Other services and charges 20 300 25 783 (5 483) 24 099 Capital outlay 1 250 974 276 3 f53 Total parks and recreation 115 352 128 600 (13 248) 119 473 TOTAL EXPENDITURES 1 970 824 1 935 443 35 381 1. 804 260 EXCESS REVENUE (EXPENDITURES) 372 379 555 896 183 ~17 585 <)50 OTHER FINANCING SOURCES (USES) Operating transfers in 40 000 40 000 40 000 Operating transfers out (47l 500) (601 500) (130 000) (380 000) TOTAL OTHER FINANCING SOURCES (USES) (431 500) (561 500) (130 000) (340 000) EXCESS REVENUE AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES $ (59 121) (5 604) $ 53 517 245 650 FUND BALANCE, JANUARY 1 1 503 282 1 257 632 FUND BALANCE, DECEMBER 31 $1 497 678 $1 503 282 -31- TIllS PAGE HAS BEEN LEFT BLANK INTENTIONALLY I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I 1 I I I I I, I CITY OF SHOREWOOl),MINNESOTA DEBT SERVICE FUNDS Debt service funds are used to account for the Pllymenf of interest and prjncipal 011 long- term general obligation debt other than debt issued . for and serviced primarily by. enterprise funds. / jJ .... 1984. Imj)rovement (~987 '-efundine) Fund - This fund was. estab1is6ed to accounf for the accum~ation.of resources for the.. payment of interest andprip.cipal on bonds iis~ueCl for 1984 'Street and utility improv~nts. This.. issue wasrefun~ by the' 1993 Improvement and Refunding Bqnds, and ~ residual fun~ ,balance was,.ttansferred to the 1993 Improvement an~ Refunding Fund. ' Sh()rewoOd oaks~nd - J'his fund was established to account for tOO accU11l\llatiooi of resoUl'CeS for the pa nt of interest and principal on bo~ds issued .for street and utility improvements in the Shorewood Oaks development. / ' '11 1974 Sewer Improvement. Fund - ~ funa was established to/ account for the accumulation of resources for the. payment of interest and prjncipal oJ;} bonds issped for 1974 sanitary sewer improvements. This issue; was retiredin 1994, and the residual fund balance was tI'aJ:1Sferred to the Capital Improvements Fund. 1991 Im);)roveQlent Jl~c\RefuJldinl' Fund - This fund was 'eStablisbed to account fOt: the accumulatioriof resoUrCes for<thepayment of.interest and princi~ onbopdsi$sued for the SE water ~tment plant, Pine Bend i~rovements, Church Road i~ro~nts, and to refund the 1986 improvement bonds on the .call date. .< . ! ! . Shady Hills StormSewerIlnpro~",ent Fund- This fund waS estab~ to' account for the accumulation of resources fQr payment of interest and prinei~_Qh bonds issued fde the Shady Hills St9rm Sewer JmProvements. 1993 IlJIprovement andRe"fundinl Fund- 'Ibis fund was established .to~tfbr the accumulation of resources forpaymeptof interest.and princip~ on bonds issued. for the Season's development improvements, and to refund/the 1987 refuntfutg bonds on:the call date. . . . Wa.terford In Tax JJl~remellt Fund - This fund was established to accoui1t fQrthe- accumulation .of resQurces for payment of interest. and principal on bon~ issued for ,the Waterford ill Intersection Improvements. " I I I I I I I I I I I I I I I I I I I THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY I CITY OF SHOREWOOD, MINNESOTA DEBT SERVICE FUNDS COMBINING BALANCE SHEET DECEMBER 31, 1994 (With comparative totals as of December 31, 1993) I ASSETS Cash and investments Receivables Taxes Accrued interest Special assessments Delinquent Deferred 1984 Improvement (1987 Refundinq) I 1974 Sewer Shorewood Oaks Improvement $ $914 454 $ I 27 123 I 20 469 I TOTAL ASSETS $ $962 046 $ LIABILITIES AND FUND BALANCE LIABILITIES Accounts payable Deferred revenue I $ $ I TOTAL LIABILITIES FUND BALANCE Reserved for debt service I TOTAL LIABILITIES AND FUND BALANCE $ $ I I I I I I I I I -32- I I I I I I I I I I I I I I I I I I I I Exhibit B-1 1991 1993 Improvement Shady Hills Improvement and Storm Sewer and Waterford III Total Refundinq Improvement Refundinq Tax Increment 1994 1993 $418 299 $ 3 994 $108 432 $ 240 $1 445 419 $1 963 835 829 25 854 262 10 131 550 2 37 806 33 268 9 044 3 090 12 134 5 415 399 789 195 565 615 823 ~19 038 $837 263 $ 4 823 $.307 637 $ 267 $2 112 036 $2 821 818 $ $ $ $ $ $ 294 408 ~OO 122 197 566 626 ~57 822 327 408 300 122 197 566 626 457 822 621 428 963 4 701 110 071 267 1 485 579 1 999 197 $837 263 $ 4 823 $307 637 $ 267 $2 112 036 $2 821 818 -33- CITY OF SHOREWOOD, MINNESOTA DEBT SERVICE FUNDS COMBINING STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE YEAR ENDED DECEMBER 31, 1994 (With comparative totals for the year ended December 31, 1993) I I 1984 Improvement (1987 Refundinq) I 1974 Sewer Shorewood Oaks Imorovement REVENUE General property taxes Intergovernmental Property tax credits Miscellaneous Special assessments Interest on investments $ $ $ I 6 930 43 953 I 50 883 I TOTAL REVENUE EXPENDITURES Debt Service Principal Interest and service charges 85 000 48 786 1~3 786 (82 903) I TOTAL EXPENDITURES EXCESS REVENUE (EXPENDITURES) OTHER FINANCING SOURCES (USES) Proceeds of bonds issued Operating transfers out I I TOTAL OTHER FINANCING SOURCES (USES) I EXCESS REVENUE AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES (82 903) I FUND BAI...ANCE, JANUARY 1 426 732 1 024 480 24 105 FUND EQUITY TRANSFER IN FUND EQUITY TRANSFER OUT I (426 732) (24 105) FUND BALANCE, DECEMBER 31 s S 941 577 s I I I I I I -34- I I I I I I I I I I I I I I I I I I I I Exhibit B-2 1991 1993 Improvement Shady Hills Improvement and Storm Sewer and Waterford III Refundinq Improvement Refundinq Tax Increment $ $ 8 249 $ $ $ 356 264 128 623 113 291 16 414 33 (5 767) 3 145 037 8 638 107 524 267 Total 1994 1993 8 249 $ 5 967 620 2 312 248 844 512 143 54 636 79 384 312 349 599 806 105 000 6 000 485 000 45 061 1 88~ 25 133 150 061 7 882 $10 133 (5 024) 756 (402 609) 267 681 000 264 500 120 862 141 ~a9 801 862 406 389 (489 513) 1~;3 "17 85 948 (22 910) 63 038 (5 024) 756 (402 609) 267 (489 513) 256 455 433 987 3 945 85 948 1 999 197 1 745 029 426 732 426 732 (450 837) (2 287) $428 963 $ 4 701 $110 071 $ 267 $1 485 579 $1 999 197 -35- THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OR SHQREWOOD,/MINNESOTA CAPITAL fROJECTS FUNDS \, 1,1 .' " " ," .. ii\.,' ",:< Capital projects funds are u~ed to account for' the acquisition aIlP constructionQf major capital facilities. other than those financed by. enterprise funds.\. ' . / Street Reconstruction Fund - This fund was established for the purpose ..of funding the periooic reconstruction of City streets and roadways. Capital Improvements Fund - This fund wcis established to accountfor Various capital improvement projecJs which may be financed without the need to issuebon~~> Park Capital' Improvell)ent' Fund - Thisfund/a~ountsforiparklandacqUisition and other capiuu improvements in !the City parks.' . i Waterford III Tax IncreDlent ImprOVement Fund - This fund was established to . account for p~ of ~ increment bonds sQld for the .construcU?n of aIlill1tersection. at State Tnmk Highway 7 and Old Market'Road and accompanying improvementswitbin Tax Increment~trictNo.l. The residual fund.ba1ance, which represented residual state aid fun(ling, was transfeired to the Capitallm.provements Fund f()r use in future projects. Equipment Replace{Dent Fund - This fund waS established for the pUrPose of fun~ the replacement of capital equipment. ~i1verwo6dPark Improvement Fund - 'I1rlsfund was eStabliShed to account for~ construction improvements inSilverwOOd Park. MSA Construction FUl\d - This fund waS established to\ accOlU1t for thefacyumulati()n of .Municipal.State Aid (MSA). to fund the periodic reconstruction of MSA! designated roads. . . / . '/ / ," / .....-.- ",::. / "'-, City Hall' P~rkinl.l4lt Fund - This fund was established to account for /~ reconstruction of the City/Hall Parking Lot.. Seasons Improve~ents/Fund -This fund was establiShed to atcotJnt .' for. the construction of street and utility improveme~ts for the Seasons Elderly Housing Project. Manor Park Warmine lIouse Fund _\This fund was 'established to accouitt for the constru~tion of a warming hou~ in Manor Park. Trail Capi~I'ltnprovetneDt Fund - This fund was establiShedte account for trail e,J(tensions and; improvements. . , Island Dry. lIydrant Improvement Fund - This fund was ~tabliShedto ~t foi the .COIlstruction of.ny frre ~ydrants on Enchanted and Shady Islat)&. Vine.. Hill ImpwVement Fund - ThiS fund Was established to accpunt for the City's costs ass~iated .with \theMinnesota DePartment9f Transportation's.. iIp.provement..of the intersection at Vine Hill RoadandHighway 7.' .' Old Mariset Road. T:t:ailFund( -. This fund was created to ~unt for the/ construcq~n/. of a trailaIong Old Marlce,t Road ". ........ !. I I I I I I I I I I I I I I I I I I I THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY CITY OF SHOREWOOD, MINNESOTA CAPITAL PROJECTS FUNDS COMBINING BALANCE SHEET DECEMBER 31, 1994 (With comparative totals as of December 31, 1993) Park Street Capital Capital Reconstruction Improvements Improvement ASSETS Cash and investments Receivables Accounts Accrued interest Special assessments Delinquent Deferred Due from other funds $130 934 $539 781 $ 81 011 3 834 5 779 2 667 $ 93 291 $148 209 17 774 3 805 114 526 13 470 TOTAL ASSETS $672 081 LIABILITIES AND FUND BALANCE LIABILITIES Accounts and contracts payable Deferred. revenue Due to other funds $ $ $ 311 6 676 TOTAL LIABILITIES 6 676 311 FUND BALANCE (DEFICIT) Unreserved Designated for capital projects Undesignated 672 081 86 615 147 898 TOTAL FUND BALANCE (DEFICIT) 86 615 147 898 672 081 TOTAL LIABILITIES AND FUND BALANCE $672 081 $ 93 291 $148 209 -36- I I Waterford III Tax Increment Improvement I $ I I I $ I $ I I I I ~ I I I I I I I I I I I I I I I I I I I I I I I I I I I Exhibit C-l Continued Equipment Replacement Silverwood Park MSA Improv. Construction City Hall Parking Seasons Lot Improvements Manor Park Warming House Island Dry Hydrant Improv. Trail Capital Improvement $209 087 $ $ 90 925 $ $ $ 1 288 $ 50 696 $ 5 257 2 166 28 100 436 53 1 389 448 12 263 $214 344 $ $ 93 091 $ 28 536 $ $ 1 341 $ 64 348 $ 448 $ $ 39 $ $ 1 902 $ 298 $ $ $ 3 431 13 470 33 957 58 434 2 125 13 509 35 859 58 732 5 556 214 344 93 091 1 341 64 348 (13 509) (7 323) (58 732) (5 108) 214 344 (13 509) 93 091 (7 323) (58 732) 1 341 64 348 (5 108) $214 344 $ $ 93 091 $ 28 536 $ $ 1 341 $ 64 348 $ 448 -37- Continued THIS PAGE HAS BEEN LEFf BLANK INTENTIONALLY I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA CAPITAL PROJECTS FUNDS COMBINING BALANCE SHEET - CONTINUED DECEMBER 31, 1994 (With comparative totals as of December 31, 1993) Exhibit C-1 Continued ASSETS Cash and investments Receivables Accounts Accrued interest Special assessments Delinquent Deferred Due from other funds Vine Hill Old Market Total Improvement Road Trail 1994 1993 $ $ $1 103 722 $1 117 387 28 100 35 162 12 277 5 779 8 852 2 667 140 259 59 $ $ $1 315 689 $1 138 575 TOTAL ASSETS LIABILITIES AND FUND BALANCE LIABILITIES Accounts and contracts payable Deferred revenue Due to other funds $ 302 $ 3 376 $ 9 659 $ 274 976 6 676 8 583 20 010 12 263 140 259 59 20 312 15 639 156 594 283 618 TOTAL LIABILITIES FUND BALANCE (DEFICIT) Unreserved Designated for capital projects Undesignated 1 279 718 916 226 (20 312) (15 (39) (120 623) {61 2(9) (20 312) (15 (39) 1 159 095 854 957 $ $ $1 315 689 $1 138 575 TOTAL FUND BALANCE (DEFICIT) TOTAL LIABILITIES AND FUND BALANCE -38- I CITY OF SHOREWOOp, MINNESOTA CAPITAL PROJECTS FUNDS COMBINING STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE YEAR ENDED DECEMBER 31, 1994 (With comparative totals for the year ended December 31, 1993) I Park Street Capital Capital Reconstruction Improvements Improvement Waterford III Tax Increment Improvement I REVENUE Intergovernmental Miscellaneous Special assessments Interest on investments Other Park dedication fees Donations Other $ $ $ $ I 32 894 16 595 4 514 6 925 I 55 500 6 072 I 6 750 TOTAL REVENUE 32 894 27 859 68 497 EXPENDITURES Capital outlay Personal services Professional services Construction costs I 44 036 6 700 59 608 66 308 I TOTAL EXPENDITURES 44 036 EXCESS REVENUE (EXPENDITURES) (11 142) 27 859 2 189 I OTHER FINANCING SOURCES (USES) Operating transfers in proceeds of bonds issued Operating transfers out (41 925) (195 000) (85 400) I 230 000 35 000 187 000 TOTAL OTHER FINANCING SOURCES (USES) 188 075 (160 000) 101 600 I EXCESS REVENUE AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES 176 933 (132 141) 103 789 I FUND BALANCE (DEFICIT), JANUARY 1 495 148 113 641 44 109 81 010 (81 010) I I FUND EQUITY TRANSFER IN FUND EQUITY TRANSFER OUT FUND BALANCE (DEFICIT), DECEMBER 31 105 115 $672 081 $ 86 615 $147 898 $ I I I I -39- I I I I I I I I I I I I I I I I I I I I Exhibit C~2 Continued Equipment Replacement Silverwood Park MSA Improv. Construction Manor Park Warming House Island Dry Hydrant Improv. City Hall Parking Seasons Lot Improvements Trail Capital Improvement $ $ $ $ $ $ 41 577 $ 28 100 $ 10 204 1 223 624 123 2 775 950 94 4 656 300 10 204 29 323 624 123 2 775 ~50 394 46 233 3 929 12 579 17 332 3 278 9 088 19 939 84 955 109 805 62 603 243 30 ~27 46 910 19 939 97 534 131 066 65 881 243 30 927 56 958 (9 735) (97 140) 46 233 (101 743) (65 257) (120) (~8 152) (55 106) 94 500 85 400 90 000 66 025 92 500 50 000 94 500 85 400 90 000 66 025 92 SOO 50 000 84 765 (11 740) 46 233 (11 743) 768 (120) 64 348 (5 108) 129 579 (1 769) 46 858 4 420 (59 500) 1 461 $214 344 $ (13 509) $ 93 091 $ (7 323) $(58 732) $ 1 341 $ 64 348 $ (5 108) -40- Continued THIS PAGE HAS BEEN LEFf BLANK INTENTIONALLY I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Exhibit C-2 Continued IN FUND BALANCE - CONTINUED CITY OF SHOREWOOD, MINNESOTA CAPITAL PROJECTS FUNDS COMBINING STATEMENT OF REVENUE, EXPENDITURES AND CHANGES YEAR ENDED DECEMBER 31, 1994 (With comparative totals for the year ended December 31, 1993) Vine Hill Old Market Total Improvement Road Trail 1994 1993 REVENUE Intergovernmental $ $ 44 491 $ 114 168 $ 46 858 Miscellaneous Special assessments 16 595 9 711 Interest on investments 64 982 29 170 Other Park dedication fees 55 500 61 250 Donations 6 072 13 258 Other 7 050 1 399 TOTAL REVENUE 44 491 264 367 161 646 EXPENDITURES Capital outlay Personal services 3 929 Professional services 6 069 9 605 64 651 96 489 Construction costs 38 243 50 525 547 854 498 612 TOTAL EXPENDITURES 44 312 60 130 616 434 595 101 EXCESS REVENUE (EXPENDITURES) (44 312) (15 639) (352 067) (433 (55) OTHER FINANCING SOURCES (USES) Operating transfers in 24 000 954 425 468 119 Proceeds of bonds issued 236 750 Operating transfers out (322 325) (75 209) TOTAL OTHER FINANCING SOURCES (USES) 24 000 632 100 629 660 EXCESS REVENUE AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES (20 312) (15 639) 280 033 196 205 FUND BALANCE (DEFICIT) , JANUARY 1 854 957 656 465 FUND EQUITY TRANSFER IN 105 115 2 287 FUND EQUITY TRANSFER OUT (81 010) FUND BALANCE (DEFICIT) , DECEMBER 31 $(20 312) $(15 639) $1 159 095 $854 957 -41- nus PAGE HAS BEEN LEFr BLANK INTENTIONALLY I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I \ CITY OF sHo~wdo:p,~INNEsOT4. ENTERPRISE I FUNDS Enterpri~ ~n<ls are, used to ,aq:ount for .operations/that ar~ ~lI)anced, and QJ>e.rattd in a manner SInill~Jo pnvate busme&s,' where. the costs o(providmg serviCes to the general public are fmanced primarily through user ~harges, \ Water Fund -ThiS: fund is llsedto accou:* for the attivities of the City'wattrr system. Sewer Fund -This fund is used to acqount focthe activities! of the City saDitiu'yse\\fet: system, .' ,Recyclina= Fund - This fund is used ito account lpr theactivitie$ o( thcr CitY ~y6lin'g . program. I i Stormwater Maoaeement Utility fund. - This fund is usep to acconpt for \ ~ activities of the City StpnnwaterManagement system: . . ;." LiquorFJ(n(l- ~s fund is used to accQUpt for the activities of the City's off-s~~ liquor operation, The.opetation coIlsists.oftwo off.,sale liquor store sites. On~ of the sitescloscld in Janu81'y, 1994. The City leasedanotherJocation in aneighboring-Co(nmunity ~d\~gan operations'in December, 1994..'. The residual~edearnings from ~ closed ;stPre was transferred to then~w store fund, A pot:tion of the Ilet income from the qperation ~ used to fund general fund activities. ' I I I I I I I I I I I I I I I I I I I TillS PAGE HAS BEEN LEFT BLANK INTENTIONALLY I CITY OF SHOREWOOD, MINNESOTA ENTERPRISE FUNDS COMBINING BALANCE SHEET DECEMBER 31, 1994 (With comparative totals as of December 31, 1993) I Water Sewer I ASSETS CURRENT ASSETS Cash and investments Cash held in escrow Receivables Taxes Accounts Accrued interest Special assessments Delinquent Deferred Inventories, at cost Prepaid items TOTAL PROPERTY AND EQUIPMENT $ 286 850 $ 688 299 564 39 059 187 042 7 582 20 507 12 081 8 067 30 134 3 163 4 393 34~ 285 942 456 3 070 174 7 382 448 (674 614) (3 748 1.95) 2 395 560 3 634 253 364 $2 741 209 $4 576 709 I I TOTAL ASSETS I I I I TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT, AT COST LESS ACCUMULATED DEPRECIATION OTHER ASSETS Bond discount, net of amortization TOTAL LIABILITIES $ 5 717 $ 10 1.5 000 20 727 15 000 35 727 40 105 1.0 I I LIABILITIES AND FUND EQUITY LIABILITIES CURRENT LIABILITIES Accounts and contracts payable Salaries and compenaated absences payable CUrrent portion of long-term debt TOTAL CURRENT LIABILITIES LONG-TERM LIABILITIES Bonds payable less current portion above 40 US I 40 US I I FUND EQUITY Contributed capital Retained earnings (deficit) - unreserved TOTAL FUND EQUITY 2 864 966 4 235 643 (159 484) 300 951 2 705 482 4 536 594 $2 741 209 $4 576 709 I I TOTAL LIABILITIES AND FUND EQUITY I I -42- I I I Exhibit D-1 Stormwater I Management Liquor Fund Total Recyclinq Utility Tonka Bay Store I Store II 1994 1993 I $ 30 813 $ 57 194 $229 885 $ $105 202 $1 398 243 $1 208 538 191 012 564 454 I 16 338 13 326 255 765 217 488 945 1 567 6 825 3 662 41 088 26 269 201 122 12 404 9 527 I 518 1 069 39 788 42 399 47 063 106 352 153 415 148 896 5 878 13 434 17 221 I 48 815 73 278 283 773 221 094 1 9+4 701 1 8(i1 ~04 21 288 10 473 910 10 268 379 (10 269) (-1< 433 Q78) (4 ~96 2~~) I 11 019 6 040 832 6 072 095 I ;364 549 $ 48 815 $ 73 278 $283 773 $ $232 113 $7 955 897 $7 934 448 I I $ 4 370 $ $ 48 346 $ $ 31 537 $ 130 075 $ 122 584 1 024 1 799 2 843 3 025 15 000 15 000 I 4 370 49 370 33 336 147 918 140 609 15 QOO 30 000 I 4 370 49 370 33 336 162 S118 170 609 I 7 100 609 6 894 145 44 445 73 278 234 403 198 777 692 370 869 694 44 445 73 278 234 403 198 777 7 792 979 7 763 839 I $ 48 815 $ 73 278 $283 773 $ $232 113 $7 955 897 $7 934 448 I I I I -43- Water Sewer I I I CITY OF SHOREWOOD, MINNESOTA ENTERPRISE FUNDS COMBINING STATEMENT OF REVENUE, EXPENSES AND CHANGES IN RETAINED EARNINGS YEAR ENDED DECEMBER 31, 1994 (With comparative totals for the year ended December 31, 1993) OPERATING REVENUE Sales Less cost of sales $ $ I GROSS PROFIT 184 204 668 530 78 688 75 824 262 892 744 354 7 989 10 413 5 027 1 234 10 379 9 595 77 040 183 500 5 661 23 709 52 726 56 220 1 099 202 4 269 4 899 16 913 36 967 4 152 730 268 18 149 17 304 236 219 1 041 4;9fii 26 673 (297 142) 18 689 12 535 30 425 7 200 30 351 (4 035) 34 389 60 776 61 062 (236 3(6) I Charges for services Permits and connection fees GROSS PROFIT AND REVENUE OPERATING EXPENSES Personal services Supplies Repairs and maintenance Depreciation Professional services Contracted services Communication Insurance Water purchases Utilities Metropolitan Waste Control Commission disposal charges Rent Advertising Other I I I I I TOTAL OPERATING EXPENSES OPERATING TRANSFERS TO OTHER FUNDS (34 600) 26 462 (6 000) (242 366) I I I I I OPERATING INCOME (LOSS) OTHER REVENUE (EXPENSES) General property taxes Property tax credits Interest on investments Other income (expense) Interest expense TOTAL OTHER REVENUE (EXPENSES) INCOME (LOSS) BEFORE TRANSFERS OPERATING TRANSFERS FROM OTHER FUNDS NET INCOME (LOSS) RETAINED EARNINGS (DEFICIT), JANUARY 1 (185 946) 543 317 FUND EQUITY TRANSFER IN I FUND EQUITY TRANSFER OUT RETAINED EARNINGS (DEFICIT), DECEMBER 31 $(159 484) $ 300 951 I I I -44- I I Exhibit D-2 Stormwater I Management Liouor Fund Total Recyclinq Utility Tanka Bay Store I Store II 1994 1993 $ $ $ 25 073 $ 23 945 $724 114 $ 173 132 $1 336 173 I 19 187 21 901 574 552 615 640 1 071 829 5 886 2 044 149 562 157 492 264 944 I 67 605 44 065 964 404 852 399 154 512 107 622 67 605 44 065 5 886 2 044 149 562 1 276 408 1 224 965 I 673 1 622 2 865 3 342 94 954 121 858 168 035 10 3 738 10 009 12 759 I 19 974 22 494 1 356 261 896 2S5 742 369 2 819 4 810 1 416 38 784 33 640 68 002 17 347 415 194 710 lS4 133 I 1 301 1 267 1 148 5 960 16 276 19 791 16 913 10 807 931 8 872 50 922 S4 070 I 730 268 376 959 655 273 29 629 30 557 49 436 263 6 331 6 594 4 233 I 1 160 567 250 3 236 40 666 40 226 70 204 21 788 4 087 11 027 155 907 1 540 728 1 2Q3 592 I (2 599) 22 277 1 79~ (8 983) (6 345) (264 320) 21 373 18 689 11 745 I 3 172 1 767 3 112 11 330 5 382 64 551 64 008 40 420 420 78 391 5 606 (4 035) (4 860) I 1 767 3 112 51 750 5 802 157 596 79 671 (832) 25 389 1 799 42 767 (543) (106 724) 101 044 I 10 000 10 000 10 000 (16 000) (24 000) (80 600) (40 000) I (832) 35 389 1 799 26 767 (24 543) (177 324) 71 044 45 277 37 889 205 837 223 320 869 694 798 650 I 232 604 232 604 (232 604) (232 604) I $ 44 445 $ 73 278 $234 403 $ $198 777 $ 692 370 $ 869 694 I I -45- CITY OF SHOREWOOD, MINNESOTA ENTERPRISE FUNDS COMBINING STATEMENT OF CASH FLOWS YEAR ENDED DECEMBER 31, 1994 (With comparative totals for the year ended December CASH FLOWS FROM OPERATING ACTIVITIES Operating income (loss) Other income related to operations Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation and amortization (Increase) decrease in assets - Taxes Accounts Accrued interest Special assessments Inventory Prepaid items Increase (decrease) in liabilities - Accounts payable Salaries and compensated absences payable CASH FLOWS PROVIDED (USED) BY OPERATING ACTIVITIES CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Operating transfers to other funds Operating transfers from other funds CASH FLOWS PROVIDED (USED) BY NONCAPITAL FINANCING ACTIVITIES CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Bond principal paid Interest paid on revenue bonds Acquisition of property and equipment Property taxes levied for debt service Fund equity transfer in Fund equity transfer out CASH FLOWS PROVIDED (USED) BY CAPITAL AND RELATED FINANCING ACTIVITIES CASH FLOWS FROM INVESTING ACTIVITIES Interest on investments INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS, JANUARY 1 CASH AND CASH EQUIVALENTS, DECEMBER 31 NONCASH CAPITAL AND RELATED FINANCING ACTIVITIES Property and equipment acquired from other funds Disposal of property and equipment TOTAL NONCASH CAPITAL AND RELATED FINANCING ACTIVITIES -46- 31, 1993) Water Sewer $ 26 673 $(297 142) 7 200 30 351 77 040 183 500 (110) (4 492) (32 424) (3 457) (5 606) 1 933 (1 546) 124 (373) (1 066) 5 648 (+15) (152) 103 730 (117 744) (34 600) (6 000) I I I I I I I I I (34 600) (6 000) (15 000) (4 035) (ll 857) 18 689 I I (12 203) 12 535 30 425 69 462 (93 319) 217 388 781 618 $286 850 $ 688 299 $108 356 $ 98 108 I I I I I $108 356 $ 98 108 I I I I I I I I I I I I I I I I I I I I I I Exhibit D-3 Stormwater Management Liquor Fund Total ReCyclinq Utility Tanka Bay Store I Store II 1994 1993 $ (2 599) $ 22 277 $ 1 799 $ (8 983) $ (6 345) $ (264 320) $ 21 373 40 420 420 78 391 5 606 1 356 261 896 255 742 (110) 583 (238) (1 123) (38 277) (39 638) (602) (1 338) (6 825) 3 756 (747) (14 819) (5 847) (71) (582) (266) (3 283) (47 063) 35 780 6 764 (4 519) 19 072 2 612 1 424 3 787 (394) 402 48 346 (35 145) (10 694) 7 491 41 097 (63) 1 024 (954) 78 (182) 817 (3 108) 19 171 (2 719) 37 48f;i (7 744) 29 Q72 295 128 (16 000) (24 000) (80 600) (40 000) 10 000 10 000 10 000 10 000 - -- (16 000) (24 000) (70 (00) (30 000) (15 (00) (10 (00) (4 035) (4 860) (12 127) (23 984) (93 605) 18 689 14 917 232 604 232 604 (232 604) (232 604) 232 604 (232 604) (12 127) (24 ~30) (93 548) 1 767 3 112 11 330 5 382 64 551 64 008 (1 341) 32 283 229 885 (199 788) (38 489) (1 307) 235 588 32 154 24 911 199 788 143 691 1 399 550 1 163 .962 $ 30 813 $ 57 194 $229 885 $ $105 202 $1 398 243 $1 399 550 $ $ $ $ $ $ 206 464 $ 33 750 (24 917) (24 917) $ $ $ $(24 917) $ $ 181 547 $ 33 750 -47- CITY OF SHOREWOOD, MINNESOTA WATER FUND COMPARATIVE BALANCE SHEETS DECEMBER 31, 1994 AND 1993 ASSETS CURRENT ASSETS Cash and investments Receivables Taxes Accounts Accrued interest Special assessments Delinquent Deferred Prepaid items TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT I AT COST LESS ACCUMULATED DEPRECIATION TOTAL PROPERTY AND EQUIPMENT OTHER ASSETS Bond discount, net of amortization TOTAL ASSETS LIABILITIES AND FUND EQUITY LIABILITIES CURRENT LIABILITIES Accounts and contracts payable Salaries and compensated absences payable CUrrent portion of long-term debt TOTAL CURRENT LIABILITIES LONG-TERM LIABILITIES Bonds payable less current portion above TOTAL LIABILITIES FUND EQUITY Contributed capital Retained deficit TOTAL FUND EQUITY TOTAL LIABILITIES AND FUND EQUITY -48- Exhibit D-4 I I I 1994 1993 $ 286 850 $ 217 388 564 454 39 059 34 567 7 582 4 125 10 000 8 067 3 163 3 287 345 285 269 ~21 3 070 174 2 949 961 (674 614) (597 759) 2 395 560 2 3$2 202 364 549 $2 741 209 $2 622 572 I I I I I I I I I I I $ 5 717 $ 6 783 10 125 15 000 15 000 20 727 21 908 15 000 30 000 35 727 51 908 2 864 966 2 756 610 (159 484) (J,85 946) 2 705 482 2 570 664 $2 741 209 $2 622 572 I I I I I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA Exhibit D-5 WATER FUND COMPARATIVE STATEMENTS OF REVENUE, EXPENSES AND CHANGES IN RETAINED DEFICIT YEARS ENDED DECEMBER 31, 1994 AND 1993 1994 1993 OPERATING REVENUE Charges for services $ 184 204 $ 154 262 Permits and connection fees 78 688 18 362 TOTAL OPERATING REVENUE 262 892 172 624 OPERATING EXPENSES Personal services 7 989 7 545 Supplies 5 027 5 515 Repairs and maintenance 10 379 15 929 Depreciation and amortization 77 040 74 504 Professional services 5 661 688 Contracted services 52 726 45 544 Communication 1 099 1 146 Insurance 4 269 4 940 Water purchases 16 913 10 807 Utilities 36 967 35 2S7 Other 18 149 12 OS~ TOTAL OPERATING EXPENSES 236 219 213 994 OPERATING INCOME (LOSS) 26 673 (41 370) OTHER REVENUE (EXPENSES) General property taxes 18 689 11 745 Property tax credits 3 172 Interest on investments 12 535 10 645 Other income 7 200 7 200 Interest expense (4 035) (4 860) TOTAL OTHER REVENUE (EXPENSES) 34 389 27 902 INCOME (LOSS) BEFORE TRANSFERS 61 062 (13 468) OPERATING TRANSFERS TO OTHER FUNDS (34 600) NET INCOME (LOSS) 26 462 (13 468) RETAINED DEFICIT, JANUARY 1 (185 946) (172 478) RETAINED DEFICIT, DECEMBER 31- $(159 484) $(185 946) -49- CITY OF SHOREWOOD, MINNESOTA WATER FUND COMPARATIVE STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31, 1994 AND 1993 CASH FLOWS FROM OPERATING ACTIVITIES Operating income (loss) Other income related to operations Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation and amortization (Increase) decrease in assets - Taxes Accounts Accrued interest Special assessments Prepaid items Increase (decrease) in liabilities - Accounts payable Salaries and compensated absences payable CASH FLOWS PROVIDED BY OPERATING ACTIVITIES CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Operating transfers to other funds CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Bond principal paid Interest paid on revenue bonds Acquisition of property and equipment Property taxes levied for debt service CASH FLOWS USED BY CAPITAL AND RELATED FINANCING ACTIVITIES CASH FLOWS FROM INVESTING ACTIVITIES Interest on investments INCREASE IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS, JANUARY 1 CASH AND CASH EQUIVALENTS, DECEMBER 31 NONCASH CAPITAL AND RELATED FINANCING ACTIVITIES Property and equipment acquired from other funds -50- Exhibit D-6 I I I I I I I I I I I I I I I 1.994 1.993 $ 26 673 $(41 370) 7 200 7 200 77 040 74 504 (1.1.0) 583 (4 492) 324 (3 457) (1. 750) 1. 933 4 222 124 996 (1 06G) 801 (11~) 9 103 730 4~ 5~9 (34 600) (15 000) (10 000) (4 035) (4 860) (1.1. 857) (10 470) 1.8 689 14 917 (12 203) (10 413) 12 535 10 645 69 462 45 751 217 388 171 637 $286 850 $217 388 $1.08 356 $ I I I I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA SEWER FUND COMPARATIVE BALANCE SHEETS DECEMBER 31, 1994 AND 1993 ASSETS CURRENT ASSETS Cash and investments Cash held in escrow Receivables Accounts Accrued interest Special assessments Delinquent Deferred Prepaid items TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT, AT COST LESS ACCUMULATED DEPRECIATION TOTAL PROPERTY AND EQUIPMENT TOTAL ASSETS LIABILITIES AND FUND EQUITY LIABILITIES CURRENT LIABILITIES Accounts and contracts payable Salaries and compensated absences payable TOTAL CURRENT LIABILITIES FUND EQUITY Contributed capital Retained earnings - unreserved TOTAL FUND EQUITY TOTAL LIABILITIES AND FUND EQUITY -51- Exhibit D-7 1994 1993 $ 688 299 $ 590 606 191 012 187 042 154 618 20 507 14 901 12 OBl 9 417 30 134 31 252 4 393 4 020 942 456 ~,~ 826 7 382 448 7 284 340 (J 748 :1,9;;> {3 5~4 69?> ~ 6~4 ~53 ~ 71~ 64p $4 576 709 $4 715 471 $ 40 105 $ 34 457 10 162 40 115 34 619 4 235 643 4 137 535 300 951 543 317 4 536 ~94 ~ 6iSQ 852 $4 576 709 $4 715 471 CITY OF SHOREWOOD, MINNESOTA Exhibit D-8 SEWER FUND COMPARATIVE STATEMENTS OF REVENUE, EXPENSES AND CHANGES IN RETAINED EARNINGS YEARS ENDED DECEMBER 31, 1994 AND 1993 1994 1993 OPERATING REVENUE Charges for services $ 668 530 $577 897 Permits and connection fees 75 824 89 260 TOTAL OPERATING REVENUE 744 354 667 157 OPERATING EXPENSES Personal services 10 413 13 803 Supplies 1 234 2 676 Repairs and maintenance 9 595 6 565 Depreciation 183 500 180 592 Professional services 23 709 30 198 Contracted services 56 220 42 474 Communication 202 121 Insurance 4 899 5 106 Utilities 4 152 4 535 MWCC charges 730 268 376 959 Other 17 304 ~1 589 TOTAL OPERATING EXPENSES 1 041 496 684 618 OPERATING LOSS (297 142) (17 4(1) OTHER REVENUE (EXPENSES) Interest on investments 30 425 36 223 Other income 30 351 288 TOTAL OTHER REVENUE (EXPENSES) 60 776 36 511 INCOME (LOSS) BEFORE OPERATING TRANSFERS (236 3(6) 19 050 OPERATING TRANSFERS TO OTHER FUNDS (6 000) NET INCOME (LOSS) (242 366) 19 050 RETAINED EARNINGS, JANUARY 1 543 317 524 2~7 RETAINED EARNINGS, DECEMBER 31 $ 300 951 $543 317 -52- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA SEWER FUND COMPARATIVE STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31, 1994 AND 1993 CASH FLOWS FROM OPERATING ACTIVITIES Operating loss Other income related to operations Adjustments to reconcile operating loss to net cash provided {used} by operating activities: Depreciation {Increase} decrease in assets - Accounts Accrued interest Special assessments Prepaid items Increase (decrease) in liabilities - Accounts payable Salaries and compensated absences payable CASH FLOWS PROVIDED {USED} BY OPERATING ACTIVITIES CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Operating transfer to other funds CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition of property and equipment CASH FLOWS FROM INVESTING ACTIVITIES Interest on investments INCREASE {DECREASE} IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVALENTS, JANUARY 1 CASH AND CASH EQUIVALENTS, DECEMBER 31 NONCASH CAPITAL AND RELATED FINANCING ACTIVITIES Property and equipment acquired from other funds -53- Exhibit D-9 1994 1993 ${297 142} ${17 461} 30 351 288 183 500 180 592 {32 424} {12 OSS} {5 606} {2 602} {1 546} {6 664} {373} 282 5 648 24 630 (lS2) 46 {11? 744} 167 OS3 {6 OOO} (83 13S) 30 425 36 223 {93 319} 120 141 781 618 661 477 $ 688 299 $781 618 $ 98 108 $ 33 7S0 CITY OF SHOREWOOD, MINNESOTA RECYCLING FUND COMPARATIVE BALANCE SHEETS DECEMBER 31, 1994 AND 1993 ASSETS Cash and investments Receivables Accounts Accrued interest Special assessments Delinquent Deferred TOTAL ASSETS LIABILITIES AND FUND EQUITY LIABILITIES Accounts and contracts payable FUND EQUITY Retained earnings - unreserved TOTAL LIABILITIES AND FUND EQUITY -54- Exhibit D-10 I I I I I I I I I I I I I I I I I I I 1994 1993 $ 30 813 $ 32 154 16 338 16 100 945 343 201 110 518 538 $ 48 815 $ 49 245 $ 4 370 $ 3 !Hi8 44 445 4~ ~77 $ 48 815 $ 49 245 I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA Exhibit D-11 RECYCLING FUND COMPARATIVE STATEMENTS OF REVENUE, EXPENSES AND CHANGES IN RETAINED EARNINGS YEARS ENDED DECEMBER 31, 1994 AND 1993 1994 1993 OPERATING REVENUE Charges for services $ 67 605 $ 79 023 OPERATING EXPENSES Personal services 673 1 482 Supplies 369 Contracted services 68 002 64 485 Other 1 160 1 754 TOTAL OPERATING EXPENSES 70 204 67 721 OPERATING INCOME (LOSS) (2 599) 11 302 OTHER REVENUE (EXPENSES) Interest on investments 1 7ff7 ~ 163 INCOME (LOSS) BEFORE TRANS.FERS (832) 12 465 OPERATING TRANSFERS FROM OTHER FUNDS 10 000 NET INCOME (LOSS) (832) 22 465 RETAINED EARNINGS, JANUARY 1 45 277 22 812 RETAINED EARNINGS, DECEMBER 31 $ 44 445 $ 45 277 -55- CITY OF SHOREWOOD, MINNESOTA RECYCLING FUND COMPARATIVE STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31, 1994 AND 1993 Exhibit D-12 1994 1993 CASH FLOWS FROM OPERATING ACTIVITIES Operating income (loss) $ (2 599) $ 11 302 Adjustments to reconcile operating income (loss) to net cash used by operating activities: (Increase) decrease in assets - Accounts (238) (15 960) Accrued interest (602) (343) Special assessments (71) (232) Increase (decrease) in liabilities - Accounts payable 402 291 CASH FLOWS USED BY OPERATING ACTIVITIES (3 108) (4 942) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Operating transfers from other funds 1.0 oqo CASH FLOWS FROM INVESTING ACTIVITIES Interest on investments 1 767 1 +E?~ INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS (1 341) 6 221 CASH AND CASH EQUIVALENTS, JANUARY 1 32 154 25 933 CASH AND CASH EQUIVALENTS, DECEMBER 31 $ 30 813 $ 32 154 -56- I I I I I I I I I I I I I I I I I I I I I I ASSETS CURRENT ASSETS Cash and investments Receivables Accounts Accrued interest Special assessments Delinquent Deferred I I I I I I TOTAL ASSETS CITY OF SHOREWOOD, MINNESOTA STORMWATER MANAGEMENT UTILITY FOND COMPARATIVE BALANCE SHEETS DECEMBER 31, 1994 AND 1993 LIABILITIES AND RETAINED EARNINGS LIABILITIES Salaries payable RETAINED EARNINGS Unreserved TOTAL LIABILITIES AND RETAINED EARNINGS I I I I I I I I I I -57- Exhibit D-13 1994 1993 $ 57 194 $ 24 911 13 326 12 203 1 567 229 122 1 069 609 $ 73 278 $ 37 9?2 $ $ 63 73 278 37 889 $ 73 278 $ 37 952 I CITY OF SHOREWOOD, MINNESOTA Exhibit D-14 STORMWATER MANAGEMENT UTILITY FUND COMPARATIVE STATEMENTS OF REVENUE, EXPENSES AND CHANGES IN RETAINED EARNINGS I YEARS ENDED DECEMBER 31, 1994 AND 1993 1994 1993 OPERATING REVENUE Charges for services $ 44 065 $ 41 217 OPERATING EXPENSES Personal services Professional services Contracted services 1 622 2 819 17 347 3 906 TOTAL OPERATING EXPENSES 21 788 3 906 OPERATING INCOME 37 311 22 277 OTHER REVENUE Interest on investments 3 112 25 389 578 37 889 INCOME BEFORE OPERATING TRANSFERS OPERATING TRANSFERS FROM OTHER FONDS 10 000 35 389 37 ee9 NET INCOME RETAINED EARNINGS, JANUARY 1 RETAINED EARNINGS, DECEMBER 31 37 889 $ 73 278 $ 37 889 -58- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA STORMWATER MANAGEMENT UTILITY FUND COMPARATIVE STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31, 1994 AND 1993 Exhibit D-15 1994 1993 CASH FLOWS FROM OPERATING ACTIVITIES Operating income $ 22 277 $ 37 311 Adjustments to reconcile operating income to net cash provided by operating activities: (Increase) decrease in assets - Accounts (1 123) (12 203) Accrued interest (1 338) (229) Special assessments (582) (609) Increase (decrease) in liabilities - Salaries payable (63) 63 CASH FLOWS PROVIDED BY OPERATING ACTIVITIES 19 171. 24 3~3 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Operating transfers from other funds 10 000 CASH FLOWS FROM INVESTING ACTIVITIES Interest on investments 3 1.12 578 INCREASE IN CASH AND CASH EQUIVALENTS 32 283 24 91.1. CASH AND CASH EQUIVALENTS, JANUARY 1. 24 91.1. CASH AND CASH EQUIVALENTS, DECEMBER 31. $ 57 1.94 $ 24 91.1. -59- TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT, AT COST LESS ACCUMULATED DEPRECIATION TOTAL PROPERTY AND EQUIPMENT TOTAL ASSETS ASSETS CURRENT ASSETS Cash and investments Receivables Accrued interest Inventories, at cost Prepaid items CITY OF SHOREWOOD, MINNESOTA LIQUOR FUND COMPARATIVE BALANCE SHEETS DECEMBER 31, 1994 AND 1993 Tonka Bay 1994 1993 $229 885 $ 6 825 47 063 283 773 $283 773 $ LIABILITIES AND RETAINED EARNINGS CURRENT LIABILITIES Accounts and contracts payable Salaries and compensated absences payable $ 48 346 1 024 $ TOTAL CURRENT LIABILITIES RETAINED EARNINGS Unreserved 49 370 234 403 TOTAL LIABILITIES AND RETAINED EARNINGS $283 773 $ -60- I Exhibit D-16 Store I 1994 1993 I I I $ $199 788 3 756 35 780 2 612 I I I I I 241 936 24 917 (24 917) $ $241 936 $ $ 35 145 954 36 099 205 837 I I I I I I I I I I $ $241 936 I I I Store II 1994 1993 I $105 202 $143 691 3 662 2 915 106 352 113 116 I 5 878 7 302 221 094 267 024 I 21 288 9 161 (10 269) (8 913) 11 019 248 I $232 113 $267 272 I $ $ 31 537 42 231 I 1 799 1 721 952 33 336 43 I 198 777 223 320 I $232 113 $267 272 I I I I I I I I -61- I CITY OF SHOREWOOD, MINNESOTA Exhibit D-17 LIQUOR FUND I COMPARATIVE STATEMENTS OF REVENUE, EXPENSES AND CHANGES IN RETAINED EARNINGS YEARS ENDED DECEMBER 31, 1994 AND 1993 Tonka Bav 1994 1993 Store I 1994 1993 OPERATING REVENUE Sales Less cost of sales $ 25 073 $ 19 187 $ 23 945 21 901 GROSS PROFIT 2 044 5 886 OPERATING EXPENSES Personal services Supplies Depreciation Professional services Contracted services Insurance Utilities Rent Advertising Other 2 865 3 342 10 4 810 655 1 148 931 273 263 250 11 027 (8 983) 567 TOTAL OPERATING EXPENSES 4 087 OPERATING INCOME (LOSS) OTHER REVENUE (EXPENSES) Interest on investments Other income (expense) 1 799 $583 125 460 246 122 879 60 243 1 078 1 722 1 336 3 913 5 674 20 302 2 094 2 606 98 968 23 911 11 330 8 772 40 420 (1 119) TOTAL OTHER REVENUE (EXPENSES) INCOME (LOSS) BEFORE TRANSFERS 51 750 7 653 1 799 42 767 31 564 NET INCOME (LOSS) 1 799 (16 000) (~6 000) 26 767 15 564 OPERATING TRANSFERS TO OTHER FONDS 205 837 190 273 RETAINED EARNINGS, JANUARY 1 FUND EQUITY TRANSFER IN FOND EQUITY TRANSFER OUT 232 604 (232 604) $ $205 837 RETAINED EARNINGS I DECEMBER 31 $ $234 403 -62- I I I I I I I I I I I I I I I I I I I I Store II 1994 1993 I $724 114 $753 648 574 552 611 583 149 562 142 065 I 94 954 81 056 3 738 3 490 I 1 356 646 1 416 1 032 415 294 5 960 5 832 I 8 870 8 574 29 629 29 134 6 331 2 139 3 236 2 188 I 155 907 134 385 (6 345) 7 680 I 5 382 6 627 420 (763) I 5 802 5 864 I (543) 13 544 (24 000) (24 000) I (24 543) (10 456) 223 320 233 776 I I $198 777 $223 320 I I I I I -63- CITY OF SHOREWOOD, MINNESOTA LIQUOR FUND COMPARATIVE STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31, 1994 AND 1993 Exhibit D-18 Tonka Bav Store I 1994 1993 1994 1993 CASH FLOWS FROM OPERATING ACTIVITIES Operating income (loss) $ 1 799 $ $ (8 983) $ 23 911 Other income (expense) related to operations 40 420 (1 119) Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation (Increase) decrease in assets - Accounts 104 Accrued interest (6 825) 3 756 (656) Inventory (47 063) 35 780 10 300 Prepaid items 2 612 778 Increase (decrease) in liabilities - Accounts payable 48 346 (35 145) 6 695 Salaries and compensated absences payable 1 024 (954) 154 CASH FLOWS PROVIDED (USED) BY OPERATING ACTIVITIES (2 719) 37 486 40 167 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Operating transfers to other funds (16 000) (16 000) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Fund equity transfer in 232 604 Fund .equi ty transfer out (232 604) Acquisition of property and equipment CASH FLOWS PROVIDED (USED) BY CAPITAL AND RELATED FINANCING ACTIVITIES 232 604 (232 604) CASH FLOWS FROM INVESTING ACTIVITIES Interest on investments 11 330 8 772 INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS 229 885 (199 788) 32 939 CASH AND CASH EQUIVALENTS, JANUARY 1 199 788 166 849 CASH AND CASH EQUIVALENTS, DECEMBER 31 $229 885 $ $ $199 788 NONCASH CAPITAL AND RELATED FINANCING ACTIVITIES Disposal of property and equipment $(24 917) $ $ $ -64- I I I I I I I I I I I I I I I I I I I I I I Store II 1994 1993 $ (6 345) $ 7680 I 420 (763) I 1 356 646 155 I (747) (267) 6 764 8772 1 424 (2 450) I (10 694) 8 680 78 545 I (7 744) 22 998 I (24 000) (24 000) I (12 127) I (12 127) I 5 382 6 627 I (38 489) 5 625 143 691 138 066 I $105 202 $143 691 I I $ $ I I I -65- TIllS PAGE HAS BEEN LEFf BLANK INTENTIONALLY I I I I I I I I I I I I I I I I I I I I I I I I I I I I' I I I I I I I I I I " " CITYOFSHOREWOOD, MINNESOTA AGENCY FUNDS \ i " i " Agency funds are established to! account for assets h~d by\the City as an agontfor others. Defefl't1d'.' Compensatiorl. FJlnd - 'this fpnd is U$ed to account. for employ~. payroll deferments and the related liability, that are deposited witb,Qutside cOrnpaniesin lCc<>rdance with the provisions of InternalRevenue Code ,Section 457. . ( I I CITY OF SHOREWOOD, MINNESOTA DEFERRED COMPENSATION AGENCY FUND STATEMENT OF CHANGES IN ASSETS AND LIABILITIES YEAR ENDED DECEMBER 31, 1994 I I ASSETS Investments for deferred compensation plan, at market I LIABILITIES Deferred compensation funds held for participants I I I I I I I I I I I I I I Balance Januarv 1 $11.1 681 $111. 681 -66- Additions Deductions $ 17 298 $ $ 17 298 $ Exhibit E-1 Balance December 31 $128 979 $128 979 TInS PAGE HAS BEEN LEFT BLANK INTENTIONALLY I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF SIIOREWOOD, MINNESOTA GENERAL FIXEll ASSETS ACCOUNT GROUP " /,"" -. f General. fIxed assets are those fIxed assets of a governm~nta1 jurisdiction which .are,",ot . accounted fQf in an enterprise. fund. To be classifIed.~. a fIxed, asset in ..... this caurg9ry~ a specifIc piece of property mU$t meet three attributes:' 1. Tangible ~ 2. A life longer than the current fIscalye~ 3. A signifIcant value . 1'-1 I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA Exhibit F-1 GENERAL FIXED ASSETS ACCOUNT GROUP COMPARATIVE SCHEDULES OF GENERAL FIXED ASSETS - BY SOURCE DECEMBER 31, 1994 AND 1993 GENERAL FIXED ASSETS Land Buildings and structures Improvements other than buildings Furniture and equipment TOTAL GENERAL FIXED ASSETS INVESTMENT IN GENERAL FIXED ASSETS General fund Capital projects funds TOTAL INVESTMENT IN GENERAL FIXED ASSETS -67- 1994 1993 $ 456 826 $ 456 826 1 327 073 1 327 073 1 158 271 773 667 952 465 897 275 $3 894 635 $3 454 841 $ 952 465 $ 897 275 2 942 ;pO 2 557 56~ $J 894 635 $3 454 841 Buildings Improvements Furniture and Other Than and Total Land Structures Buildinqs Equipment FUNCTION General government $ 662 200 $ $ 305 372 $ 147 233 $209 595 Public works 2 000 653 153 500 919 581 184 702 742 870 Parks 1 231 782 303 326 102 120 826 336 TOTAL GENERAL FIXED ASSETS $3 894 635 $456 826 $1 327 073 $1 158 271 $952 465 I CITY OF SHOREWOOD, MINNESOTA Exhibit F-2 GENERAL FIXED ASSETS ACCOUNT GROUP SCHEDULE OF GENERAL FIXED ASSETS - BY FUNCTION AND ACTIVITY I DECEMBER 31, 1994 I I I I I I I -68- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA Exhibit F-3 GENERAL FIXED ASSETS ACCOUNT GROUP SCHEDULE OF CHANGES IN GENERAL FIXED ASSETS - BY FUNCTION YEAR ENDED DECEMBER 31, 1994 General government General General Fixed Assets Fixed Assets Januarv 1 Additions Deductions December 31 $ 505 255 $181 894 $ 24 949 $ 662 200 1 915 284 104 498 19 129 2 000 653 1 034 302 197 480 1 231 782 $3 454 841 $483 872 $ 44 078 $3 894 635 Public works Parks TOTAL GENERAL FIXED ASSETS -69- TInS PAGE HAS BEEN I I I I I I I I I I I I I I I I I I I LEFf BLANK INTENTIONALLY I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA " .', / GENERAL LONG-TERM DEBT ACCOUNT GROUP ':" ,,':i General obligation bondsandothetforms of long-~erin debt suppOtt~d b/ general revenl1es are obligations of a govemmenW unit as.a whole. and .not its individu~ constituent fun4s. The amount of unmatured long-term indebtedness which is backed by, the. full. . faith . ~d credit of the goyemment(excluding.enterprise fund debt) is~corde4and accounted for_~a separate self-balancing account group titled the "General Long~Te~Debt AccountGrQUp.tt Also, this debt groupinclude$certain liabilities not expec~to ~ liquidated with expendable available financial resources. I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA GENERAL LONG-TERM DEBT ACCOUNT GROUP COMPARATIVE STATEMENTS OF GENERAL LONG-TERM DEBT DECEMBER 31, 1994 AND 1993 Exhibit G-1 1994 1993 AMOUNT AVAILABLE FOR DEBT SERVICE Debt service funds $1 485 $79 $1 999 197 AMOUNTS TO BE PROVIDED Future tax levies, assessments and tax increments 1 444 307 1 275 755 TOTAL AMOUNT AVAILABLE AND TO BE PROVIDED $2 761 334 $3 443 504 GENERAL LONG-TERM DEBT PAYABLE Compensated absences payable General obligation special assessment bonds Tax increment revenue bonds $ 20 834 $ 22 004 1 820 $00 2 501 500 920 000 920 oqo $2 761 334 $3 443 504 TOTAL GENERAL LONG-TERM DEBT PAYABLE -70- CITY OF SHOREWOOD, MINNESOTA SCHEDULE OF BONDS PAYABLE DECEMBER 31, 1994 Interest Rates SPECIAL ASSESSMENT BONDS G.O Improvement refunding bonds of 1987 G.O Improvement bonds of 1989 G.O Improvement bonds of 1991 G.O Improvement bonds of 1991 G.O Improvement bonds of 1993 5.60% 6.20-6.50 4.90-5.85 8.00 2.90-4.45 TOTAL TAX INCREMENT REVENUE BONDS Tax increment revenue bonds of 1991 9.00 REVENUE BONDS G.O. Water Revenue bonds 8.50 TOTAL -71- Issue Date 4/1/87 10/1/89 11/1/91 9/1/91 12/1/93 5/1/91 9/1/80 Final Maturity Date I I I 2/1/01 2/1/03 2/1/02 2/1/97 2/1/04 I I 2/1/00 I I I I I I I I I I 9/1/96 I I I I I I I I I I I I I I I I I I I I I I I Exhibit H-1 Bonds Authorized 12/31/94 and Issued Redeemed OutstaIldinq $ 875 000 $ 485 000 $ 1 095 000 85 000 700 000 960 000 105 000 775 000 31 000 6 000 20 500 325 000 325 000 3 286 000 681 000 1 820 500 920 000 920 000 140 000 $4 346 000 15 000 $ 696 000 30 000 52 770 500 -72- CITY OF SHOREWOOD, MINNESOTA SCHEDULE OF DEBT SERVICE REQUIREMENTS DECEMBER 31, 1994 Total G.O. Bonds Year Principal Interest 1995 $ 399 333 $ 547 709 1996 395 333 " 147 088 1997 375 834 119 812 1998 368 333 94 066 1999 368 333 68 300 2000 358 334 42 493 2001 200 000 23 964 2002 190 000 12 451 2003 95 000 3 868 2004 20 000 480 Total $2 770 500 $1 060 231 * Tax increment collections will be remitted to the bond holders and payments will be applied first to accrued interest. -73- I I I I I I I I I I I I I I I I I I I I I G.O. I Special Assessment Bonds Principal Interest I $ 231 000 $ 95 477 227 000 83 505 222 500 71 455 215 000 59 510 I 215 000 47 543 205 000 35 650 200 000 23 964 190 000 12 451 I 95 000 3 868 20 000 480 $1 820 500 $433 903 I I I I I I I I I I I I I Tax Increment Revenue Bonds* Principal Interest $153 333 153 333 153 334 153 333 153 333 153 334 $449 682 62 308 48 357 34 556 20 757 6 843 $920 000 $622 503 ~74- Exhibit 1-1 G.O. Water Revenue Bonds Principal Interest $ 15 000 $ 15 000 2 550 1 275 $ 30 000 $ 3 825 TInS PAGE HAS BEEN LEFT BLANK INTENTIONALLY I I I I I I I I I I I I I I I I I I I I I I I I I. I I I I I I I I I I I I. I CITY OFSHOREWOOD, MINNESpTA SECTION III \ , i STA TISTICALSECTION I I I CITY OF SHOREWOOD, MINNESOTA GENERAL FUND EXPENDITURES AND OTHER USES BY FUNCTION LAST TEN FISCAL YEARS Table 1 I I I I I I I I I I I Fiscal Total General Public Public Parks and Misel Year Expenditures Government Safety Works Recreation Transfers 1985 $1 266 606 $402 626 $367 728 $443 774 $ 52 478 $ 1986 1 400 755 419 658 410 016 522 066 49 015 1987 1 651 927 569 098 481 603 532 902 68 324 1988 1 898 594 646 923 523 717 669 990 57 964 1989 1 794 684 610 659 503 542 570 981 83 502 26 000 1990 2 065 on 616 929 532 658 799 543 n5 881 1991 2 241 781 665 152 548 343 375 406 142 168 510 712 1992 2 301 950 654 085 571 077 434 015 116 173 526 600 1993 2 184 260 668 410 580 153 436 224 119 473 380 000 1994 2 536 943 755 097 618 047 433 699 128 600 601 500 I I I I I -75- CITY OF SHOREWOOD, MINNESOTA GENERAL FUND REVENUE AND OTHER SOURCES BY SOURCE LAST TEN FISCAL YEARS Total General Licenses Fiscal General Fund Property and Inter- Year Revenues Taxes Permits Governmental Fines 1985 $1 438 991 $ 929 199 $ 71 146 $318 676 $ 57 682 1986 1 652 307 1 040 984 117 050 356 308 70 678 1987 1 837 056 993 086 282 100 364 022 103 785 1988 1 984 148 1 087 099 330 408 368 288 91 385 1989 1 976 961 1 118 886 207 129 405 022 105 244 1990 2 367 995 1 437 140 203 828 273 780 124 234 1991 2 237 115 1 627 874 168 560 153 681 101 200 1992 2 307 389 1 576 158 175 123 283 689 89 960 1993 2 429 910 1 515 633 247 557 426 102 70 135 1994 2 531 339 1 487 398 256 243 441 040 73 998 -76- I Table 2 Miscellaneous I I I I I I I I I I $ 62 288 67 287 94 063 106 968 140 680 329 013 185 800 182 459 170 483 272 660 I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA PROPERTY TAX LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS Table 3 I (1) Collection Collection Percentage of Current Percentage of Prior of Total Fiscal Total Year's of Levy Year's Total Collections Year Levy LeVY Collected LeVY Collections to Levy 1985 $1 171 628 $1 130 776 96.51% $ 25 072 $1 155 848 98.65% 1986 1 209 261 1 168 941 96.67 42 690 1 211 631 100.20 1987 1 254 420 1 211 819 96.60 32 265 1 244 084 99.18 1988 1 293 689 1 236 536 95.58 27 898 1 264 434 97.74 1989 1 300 881 1 249 332 96.04 46 405 1 295 737 99.61 1990 1 684 576 1 602 385 95.12 48 448 1 650 833 98.00 1991 1 856 988 *1 793 402 96.58 41 801 1 835 203 98.83 1992 1 864 577 1 819 238 97.57 55 917 1 875 155 100.57 1993 1 932 454 1 908 428 98.76 51 464 1 959 892 101.42 1994 1 518 735 1 505 212 99.11 13 886 1 519 098 100.02 I I I I I * Includes state paid property tax credits Includes $66,971 state aid reduction from the Homestead and Agricultural credit Aid. (1) I I I I I I I I Prior to 1994, tax levies included the amount of Homestead and Agriculture Credit Aid (HACA) to be received from the State. Legislation passed in 1993 required that, beginning with taxes levied for collection in 1994, tax levies shall be reported net of the HACA received from the state. As a result, the taxes levied more accurately reflect the amount of taxation by the local government. I I I -77- I CITY OF SHOREWOOD, MINNESOTA ASSESSED VALUATION, TAX LEVIES AND MILL RATES (shown by year of tax collectibility) I I Taxable valuation! Total tax capacity 1994 1993 1992 1991 (1) & (2) (1) & (2) (1) & (2) (1) $7 396 104 $7 092 917 $7 681 118 $7 909 001 (205 973) (227 686) (212 697) (227 257) 375 309 396 081 390 694 388 595 (317) $7 565 123 $7 261 312 $7 859 115 $8 070 339 (3) $1 491 888 $1 909 253 $1 840 663 $1 840 663 26 847 23 201 23 914 16 ;l25 $1 518 735 $1 932 454 $1 864 577 $1 856 988 I Assessed valuation! Tax capacity Contribution to fiscal disparities pool Receivable from fiscal disparities pool Tax increment I I Tax levies General Debt service I Total I Mill rates/Tax Capacity Rate General Debt service I 19.655 Rate 20.638 Rate 19.995 Rate 20.274 Rate .249 .159 .169 .180 I Total 19.904 Rate 20.797 Rate 20.164 Rate 20.454 Rate I (1) As a result of 1988 legislation assessed valuation has been ~eplaced by tax I capacity valuations. It is calculated based upon a state mandated computation from the estimated market value. The term, mill rate, has been replaced with the term, tax capaeity rate, as a result of the 1988 legislation. 1985-1988 I information is stated in terms of assessed valuation and mill rates. 1989-1994 information is stated in terms of tax capacity and tax capacity rates. (2) The debt service levy includes $8,022 and $8,526 for 1994 and 1993, respectively I levied for the retirement of Storm Sewer District No. 2 improvement bonds. Storm Sewer District No. 2 was established by the City of Shorewood in 1991. This portion of the debt service tax levy is only levied within Storm Sewer District No.2 to retire the $31,000 bond issue used to finance the improvements I within the District and is not reflected in the tax rates above. Table 5 reports the tax rate of this District separately. (3) Prior to 1994, tax levies included the amount of Homestead and Agriculture I Credit Aid (HACA) to be received from the State. Legislation passed in 1993 required that, beginning with taxes levied for collection in 1994, tax levies shall be reported net of the HACA received from the state. As a result, the taxes levied more accurately reflect the amount of taxation by the local I government. I -78- I I I I I I I I I I I I I I I I I I I I Table 4 1990 1989 1988 1987 1986 1985 $7 033 863 (209 164) 372 707 $7 705 314 (218 604) 347 288 $55 691 698 (1 699 452) 2 597 611 $52 274 820 (1 457 783) 2 242 637 $50 700 422 (1 420 050) 1 934 251 $50 464 722 (1 355 365) 1 918 366 $7 197 406 $7 833 998 $56 589 857 $53 059 674 $51 214 623 $51 027 723 $1 667 451 $1 282 956 $ 1 274 189 $ 1 172 220 $ 1 126 436 $ 1 068 803 17 125 17 925 19 500 82 200 82 825 102 825 $1 684 576 $1 300 881 $ 1 293 689 $ 1 254 420 $ 1 209 261 $ 1 171 628 20.093 Rate 16.282 Rate 22.481 Mills 22.093 Mills 22.020 Mills 20.903 Mills .206 .227 .344 1.550 1.620 2.011 20.299 Rate 16.509 Rate 22.825 Mills 23.643 Mills 23.640 Mills 22.914 Mills -79- CITY OF SHOREWOOD, MINNESOTA PROPERTY TAX MILL RATES/TAX CAPACITY RATES - DIRECT AND OVERLAPPING GOVERNMENTS (PER $1000 OF ASSESSED VALUE FOR YEARS 1985-1988 AND TAX CAPACITY IN 1989 - 1994) (1) (1) Year School School Watershed Watershed Taxes District District District District Payable City County No. 276 No. 277 No. 3 No. 4 Misc. 1985 22.914 29.262 57.417 51. 239 .061 .399 4.391 1986 23.640 29.688 60.209 59.058 .089 .198 5.378 1987 23.643 29.356 62.968 54.982 .133 .474 5.459 1988 22.825 31. 667 65.440 58.550 .092 .570 5.988 1989 16.509 (2) 27.1.01 59.285 49.139 .075 .445 5.387 1990 20.299 (2) 27.916 53.658 43.434 .120 .436 5.1.21 1991 20.454 (2) 30.1.14 56.401 46.828 .131 .449 6.855 1992 20.164 (2) 34.327 64.530 56.643 .142 .490 5.481. 1993 20.797 (2) 35.839 75.275 60.069 .668 .781 5.532 1994 19.904 (2) 37.441. 77.323 67.785 .334 .707 5.724 (1) Includes vocational school (2) Information for 1989-1.994 is stated in terms of tax capacity rates due to 1988 legislative changes as explained in Table 4. -80- I I I I I I I I I I I I I I I I I I I I I I Storm Sewer District No. 2 I I I I 17.792 13 .437 15.495 I I I I I I I I I I I I School District No. 276, Watershed Dist'rict No. 3 114.045 119.004 121.559 126.012 108.357 107.114 113.955 124.649 138.111 140.726 School District No. 276, Watershed District No. 4 114.383 119.113 121. 900 126.490 108.727 107.430 114.273 124.997 138.224 141.099 Totals School District No. 276, Watershed District No.4, Storm Sewer District No. 2 114.383 119.113 121.900 126.490 108.727 107.430 114.273 142.789 151. 661 156.594 -81- Table 5 School District No. 277, Watershed District No. 3 107.867 117.853 113.573 119.122 98.211 96.890 104.382 116.762 122.905 131.188 Taxpayer Northern States Power Company Ryan Construction Company Minnetonka Country Club Minnegasco Two S Properties Shorewood Yacht Club Individual Individual Fina Serve, Inc. Individual Total CITY OF SHOREWOOD, MINNESOTA PRINCIPAL TAXPAYERS DECEMBER 31, 1994 Type of Business Utility Shopping Center Country Club Utility Commercial Yacht Club Residential Residential Commercial Residential -82- 1994 Tax Capacity $116 040 75 118 74 313 58 816 43 263 29 836 27 366 22 764 22 380 20 240 $490 136 I Table 6 I Percentage of Total Tax Capacity I 1. 53%' .99 .98 .78 .57 .39 .36 .30 .30 .27 6.47%' - I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA Table 7 SPECIAL ASSESSMENT LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS Collection of Collection Percentage Current Percentage of Prior of Total Total Year's of Levy Year's Total Collections Year Levv Levv Collected Levv Collections To Levv 1985 $468 020 $372 783 79.65% $ 71 787 $444 570 94.99% 1986 678 919 563 150 82.95 216 131 779 281 114.78 1987 551 886 539 633 97.78 32 122 571 755 103.60 1988 644 367 637 874 98.99 33 724 671 598 104.23 1989 500 116 497 733 99.52 66 916 564 649 112.90 1990 457 384 444 080 97.09 53 452 497 532 108.78 1991 365 577 345 886 94.61 28 677 374 563 102.46 1992 362 352 317 103 87.51 19 461 336 564 92.88 1993 231 800 222 842 96.14 47 372 270 214 116.$7 1994 198 729 185 061 93.12 6 025 191 086 96.15 -83- I CITY OF SHOREWOOD, MINNESOTA COMPUTATION OF LEGAL DEBT MARGIN DECEMBER 31, 1994 Table 8 I $425 119 000 $ 8 502 380 Market Value I Debt Limit: 2.0% of market value (Note A) Amount of Debt Applicable to Debt Limit: I Total Bonded Debt $ 2 770 500 Less: (Note B) Special Assessment Bonds (1 800 000) General Obligation Water Revenue Bonds (30 000) General Obligation Storm Sewer Bonds (20 500) Tax Increment Revenue Bonds (920 000) I Total Debt Applicable to Debt Limit I $ 8 502 380 Legal Debt Margin Note (A): M.S.A. Section 475.53 (Limit on Net Debt) I "Subdivision 1. Generally. Except as otherwise provided in sections 475.51 to 475.75, no municipality, except a school district or a city of the first class, shall incur or be subject to a net debt in excess of 2.0 percent of the market value of taxable property in I the municipality." "Subdivision 2. Not included in net debt of municipality for purpose of any statutory o.r I charter limitation. Obligations issued hereunder may be authorized by resolution of the governing body without authorization by the electors, and shall not be included in the net debt of the municipality for the purpose of any statutory or charter limitation on indebtedness." Note (B): M.S.A. Section 162.18 (Bond: Municipal State Aid) I M.S.A. Section 475.51 (Definitions:) I "Subdivision 4. 'Net Debt' means the amount remaining after deducting from its gross debt the aggregate of the principal of the following: (1) Obligations issued for improvements which are payable wholly or partly from the proceeds of special assessments levied upon property specially benefitted thereby, including those which are general obligations of the municipality issuing them, if the municipality is entitled to reimbursement in whole or in part from the proceeds of the special assessments. I (2) (3) (4) (5) Warrants or orders having no definite or fixed maturity. I I Obligations issued to create or maintain a permanent improvement revolving fund. Obligations payable wholly from the income from revenue-producing conveniences. Obligations issued for the acquisition and betterment of public water works systems, and public lighting, heating or power systems. and of any combination thereof, or for any other public convenience from which a revenue is or may be derived. I (6) I Amount of all money and the face value of all securities held as a sinking fund for the extinguishment of obligations other than those deductible under this subdivision. (7) All other obligations, which under the provisions of the law authorizing their II issuance, are not to be included in computing the net debt of the municipality." * After contribution and distribution from "fiscal disparity" legislation; Minnesota laws 1971, Extra Session, Chapter 24. I -84- I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA RATIO OF NET BONDED DEBT TO ASSESSED VALUE AND NET BONDED DEBT PER CAPITA Table 9 Ratio of Net Net (1) Bonded Debt Bonded Assessed (2) Less Amount to Assessed Debt Fiscal Estimated Value/Tax Gross Reserved for Net Values/ per Year Population Capacity Bonded Debt Debt Service Bonded Debt Tax Capacity Capita 1985 4750 $51 027 723 $4 115 000 $1 523 958 $2 591 042 .0508:1 545.48 1986 4788 51 214 623 4 500 000 3 054 867 1 445 133 .0282:1 301.82 1987 4921 53 059 674 4 975 000 2 044 326 2 930 674 .0552:1 595.54 1988 5094 56 589 857 4 530 000 2 688 009 1 841 991 .0325:1 361.60 1989 5815 7 833 998 2 990 000 1 510 303 1 479 697 .1889:1 254.46 1990 5917 7 197 406 2 720 000 1 902 837 817 163 .1135:1 138.10 1991 6000 8 070 339 3 411 000 2 311 859 1 099 141 .1362:1 183.19 1992 6135 7 859 115 2 496 000 1 742 742 753 258 .0958:1 122.78 1993 6322 7 261 312 2 546 500 1 999 197 547 303 .0754:1 86.57 1994 6430 7 565 123 1 850 500 1 485 579 364 921 .0482:1 56.75 (1) As a result of 1988 legislation, assessed valuation has been replaced by tax capacity valuations. It is calculated based upon a state mandated computation from the estimated market value. The term, mill rate, has been replaced with the term, tax capacity rate, as a result of the 1988 legislation. 1985-1988 information is stated in terms of assessed valuation and mill rates. 1989-1994 information is stated in terms of tax capacity and tax capacity rates. Gross bonded debt amounts in this Table are general obligation special assessment bonds and revenue bonds whose principal source of funding will be sources other than general property taxes. The $920,000 Tax Increment Revenue Bonds are not included in the gross bonded debt as they are not backed by the full faith and credit of the City. (2) -85- I CITY OF SHOREWOOD, MINNESOTA Table 10 RATIO OF ANNUAL DEBT SERVICE EXPENDITURES FOR GENERAL BONDED DEBT (1) TO TOTAL GENERAL EXPENDITURES* Percent of Debt Service Fiscal Total Total General to General Year Principal Interest Debt Service Expenditures * Expenditures 1985 $ 610 000 $282 298 $ 892 298 $1 266 606 70.44% 1986 590 000 268 077 858 077 1 400 755 61.26 1987 (2 ) 1 840 000 273 709 2 113 709 1 651 927 127.95 1988 435 000 274 636 709 636 1 898 594 37.38 1989 (3) 2 625 000 253 115 2 878 115 1 794 684 160.37 1990 260 000 175 098 435 098 2 065 011 21. 07 1991 290 000 173 495 463 495 2 241 781 20.68 1992 905 000 167 163 1 072 163 2 301 950 46.58 1993 264 500 141 889 406 389 2 184 260 18.61 1994 (4) 681 000 120 862 801 862 2 536 943 31. 61 I I I (1) (2) (3) (4 ) Excludes G.O. Bonds reported in Enterprise Funds Principal includes bonds refunded in 1987 Principal included bonds defeased in 1989 Principal includes bonds called in 1994 Includes General Fund only I I I I I * I I I I I I I I I -86- I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA COMPUTATION OF DIRECT AND OVERLAPPING DEBT DECEMBER 31, 1994 Table 11 City of Percent of Shorewood Net Debt Debt Applicable Share Total Debt Out s tandinq to City of Debt Direct Debt* City of Shorewood S 1 850 500 $ 364 921 100.00% $ 364 921 Overlapping Debt Hennepin County 196 825 000 62 214 511 .90 559 931 Hennepin Suburban Park District 19 130 000 15 415 684 1.25 192 696 School District #276 19 755 000 19 153 298 18.95 3 629 550 School District #277 14 700 000 13 946 122 2.00 278 922 Va-Tech District #287 1.20 Metropolitan Council 379 505 000 46 221 284 .43 198 752 Metropolitan Transit Commission 1 400 000 807 000 .47 3 793 Total Over- lapping Debt 631 315 000 157 757 899 ~.08 4 863 644 Total Direct and Overlapping Debt $633 165 500 $158 122 820 3.31% $5 228 565 * Direct debt includes all debt backed by the full faith and credit of the City even though it will be financed in part by special assessments or enterprise fund revenues. Tax increment revenue bonds supported only by the tax inc:rements generated within the TIF District are excluded from this computatioIl consistent with Table 9. -87- THIS PAGE HAS BEEN LEFT BLANK. INTENTIONALLY I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA Table 12 REVENUE BOND COVERAGE LAST TEN FISCAL YEARS Net Ratio of Net Fiscal Gross (1) Revenue Debt Service Revenue to Year Revenue Expenses Available Principal Interest Total pebt Service 1985 $ 39 855 $ 53 151 $(13 296) $ 5 000 $ 10 898 $ 15 898 (.836) to 1 1986 58 430 59 095 (665) 10 000 10 524 20 524 (.032) to 1 1987 108 043 81 642 26 401 10 000 9 578 19 578 1. 349 to 1 1988 158 474 135 897 22 577 10 000 8 834 18 834 1.199 to 1 1989 176 719 110 987 65 732 10 000 8 125 18 125 3.627 to 1 1990 192 682 116 289 76 393 10 000 7 293 17 293 4.418 to 1 1991 172 569 126 614 45 955 10 000 6 493 16 493 2.786 to 1 1992 199 891 125 714 74 177 10 000 5 823 15 823 4.688 to 1 1993 172 624 139 490 33 134 10 000 4 860 14 860 2.230 to 1 1994 262 892 159 179 103 713 15 000 4 035 19 035 5.449 to 1 (1) Excluding depreciation and interest on bonds I I I I I -88- I CITY OF SHOREWOOD, MINNESOTA PROPERTY VALUE, CONSTRUCTION AND BANK DEPOSITS LAST TEN FISCAL YEARS I (1) (1) Commercial Residential Construction Construction Number Fiscal of Year Value Units Value 1985 $ 35 $ 6 529 612 1986 85 686 80 15 779 286 1987 163 23 397 136 1988 401 004 157 29 040 667 1989 89 16 949 136 1990 20 000 82 16 252 990 1991 69 14 044 120 1992 55 10 899 687 1993 102 17 941 776 1994 960 000 86 16 530 925 I I I I I Sources (1) City Planning and Inspection Department I (2) County Assessor's Office Bank deposits are not shown as no banks are located within the City limits. II I II I I I I I I I -89- I I I I I I I I I I I I I I I I I I I I Table 13 (2) Property Value Commercial Residential Total $ 9 095 600 $186 399 000 $195 494 600 9 171 300 190 679 600 199 850 900 10 317 900 197 382 800 207 700 700 11 167 900 217 337 000 228 504 900 11 351 300 253 363 500 264 714 800 11 820 800 299 565 500 311 386 300 11 997 100 341 843 200 353 840 300 12 081 200 370 575 700 382 656 900 11 307 900 391 05'7 000 402 364 900 11 338 700 413 780 300 425 119 000 -90- TInS PAGE HAS BEEN LEFT BLANK INTENTIONALLY I I I I I I I I I I I I I I I I I I I I I CITY OF SHOREWOOD, MINNESOTA MISCELLANEOUS STATISTICS DECEMBER 31, 1994 Year of incorporation I Form of government I Fiscal year begins Area of city I Population 1994 Estimated 1990 Census 1980 Census 1970 Census I Miles of streets and alleys City streets Municipal state aid streets County roads State highway I I Sewer Lift stations Sewer rates - residential Miles of sewer lines I Number of street lights Building permits issued in 1994 Number of permits Value I Fire protection Contracted services with Mound and Excelsior I Police protection Contracted services with South Lake Minnetonka Police Department I Parks Number Acres I Water Number of connections Average daily consumption Miles of watermain Daily capacity Number of fire hydrants Water rate per thousand gallons I I Employees Regular Part-time/seasonal Total I Elections Registered voters last election Number of votes cast last election Percentage of registered voters voting I I I -91- Table 14 1956 Council-~iministrator Adopted Il1ay 14, 1956 January 1 6.0 Square Miles 6,430 5,917 4,646 4,223 37.9 9.3 1.7 2.7 18 $6S.00jquarter 55.7 174 709 $22,810,079 5 95.8 898 267,800 gallons 14.7 4,680,000 gallons 165 $1.45/1000 gallons 20 1.2. 35 == 4,942 3,260 66.0%