110893 CC Reg AgP
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, NOVEMBER 8, 1993
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 PM
Following the adjournment of the regular' meeting, the
Council will convene to Work Session format. No action
will be taken at this time. After the Work Session,
council will convene to Executive Session.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Pledge of Allegiance
B. Roll Call Lewis
Benson
Mayor Brancel
Stover
Daugherty
C. Review Agenda
2 . APPROVAL OF MINUTES
City council Regular Meeting and Work Session Minutes -
October 25, 1993 (Att.-#2 Minutes)
3 . CONSENT AGENDA - Motion to approve items on Consent
Agenda & adopt resolutions therein:
A - A Resolution Approving the Preliminary Plat of
Brynmawr Place
Applicant: Pemtom Land Company
Location: South of Woodside Rd & West of
Howard's Point Road
(Att.-#3A Proposed Resolution)
B - A Resolution Approving a P. U. D. Amendment &
Preliminary Plat
Applicant: Robert S.C. Peterson
Location: 5480 Carrie Lane
(Att.-#3B Proposed Resolution)
4 . PUBLIC HEARING 7: 3 0 P. M. - REGARDING ASSESSMENTS FOR THE
IMPROVEMENTS FOR SEASON'S DEVELOPMENT
A A Motion to Adopt a Resolution Approving
Special Assessments for Improvements for Season's
Development (Att.-#4A Proposed Resolution)
PUBLIC HEARING 7:35 P.M. - REGARDING ASSESSMENT FOR THE
SEWER EXTENSION TO 25840 HIGHWAY 7
B - A Motion to Adopt a Resolution Approving A
Special Assessment for Sewer Extension to 25840
Highway 7 (Att.-#4B Proposed Resolution)
I CITY COUNCIL AGENDA NOVEMBER 8, 1993
Page 2 of 2
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5.
A MOTION TO AWARD BIDS FOR THE SALE OF $325,000 G$NERAL
OBLIGATION IMPROVEMENT BONDS, SERIES ~993A
6. A MOTION TO AWARD A CONTRACT FOR CONSTRUCTION OF A
WARMING HOUSE/SHELTER BUILDING AT MANOR PARK
(Att.-#6 Planner's Report)
7 . A RESOLUTION APPROVING A CHANGE ORDER AND AUTHORIZING
EXPENDITURE OF STREET RECONSTRUCTION FUNDS FOR OLD
EXCELSIOR BLVD
(Att.-#7A Engineer's Memo; #7B Proposed Resolution)
8. PLANNING - Report by Representative
9. MATTERS FROM THE FLOOR
10. ADMINISTRATOR AND STAFF REPORTS -
11. MAYOR AND CITY COUNCIL REPORTS -
A Report on Request to Remove Parking
Restrictions on Old Market Road
B - MWCC Task Force Report
12 . ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF
CLAIMS - (Attachment)
WORK SESSION
1. REPORT & DISCUSSION ON FIRE SERVICE COSTS FOR THE ISLANDS
2 . GARBAGE ALTERNATIVES
3. SPECIAL ASSESSMENT FOR STREET RECONSTRUCTION
4. ADJOURNMENT TO EXECUTIVE SESSION
EXECUTIVE SESSION
1. DISCUSSION OF,LABOR NEGOTIATIONS
2. ADJOURNMENT
** INDICATES TAX INCREASE OR FEE IMPLICATIONS
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
CITY OF
SHOR~EWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MII\JNESOTA 55331-8927 · (612) 474-3236
EXECUTIVE SUMMARY
CITY COUNCIL l'lEETING NOVEMBER 8, 1993
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November 4, 1993
Agenda Item #3A - This resolution approves the preliminary plat
for 24, one-acre residential lots located south of Woodside Road
and west of Howard's Point Road. The developer must submit a final
plat within six months.
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Aqenda Item #3B - This resolution approves a subdi vision which
creates one additional homesite in the Robert S.C. Peterson
Addition on Carrie Lane. The division is consistent with a
development agreement adopted in 1984.
Aqenda Item #4A - This is a public hearing to assess costs of
improvements for the Season's elderly housing project. The Council
is considering a resolution assessing $225,000 over 10 years at an
interest rate of 6.00%.
Aqenda Item #4B - This is a petition project requested by Robert
and Margaret Osha to extend a sanitary sewer service to their
property. The Council is considering a resolution assessing the
project cost of $7,500 over 10 years at an interest rate of 5.00%.
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Aqenda Item #5 - The Council is considering a resolution to award
a bid for the sale of $325,000 G.O. Improvement Bonds, Series
1993A. The City's bond rating on this issue has been upgraded by
Moody's Investors Service from A to A1.
Aqenda Item #6 - After the last council meeting the City received
a quote of $24,000 by Seamans Construction to build the warming
house at Manor Park. Upon further discussion with the contractor
regarding City participation, an amount of $23,125 has been agreed
upon. Staff recommends tha't the contract be awarded to Seamans
Construction.
Aqenda Item #7 - The Engineer had hoped we could simply reline the
storm sewer pipe under Old Excelsior Boulevard to the outlet on the
west side of Larry Buesgens' property. A portion of that pipe is in
bad shape so it cannot be relined. Now is the time to replace the
pipe by boring under the street. Funds are more than sufficient in
the street fund to pay for the $30,525 expenditure.
A Residential Community on Lake Minnetonka's South Shore
Executive Summary - Cont.
November 4, 1993
Page 2 of 2
Aqenda Item #llA - Councilmember Daugherty is scheduled to report
on discussions with the petitioners on Old Market Road regarding
"no-parking".
Work Session - There is a work session following the regular
meeting. Please bring your Island dry hydrant report and special
assessment ordinance if you have them. On special assessments, the
Council had stated this item should be placed on a work session
agenda for discussion. At this point staff needs further direction.
Executive Session To follow the work session. This is a
discussion to prepare me for negotiations with the Public Works
AFSCME unit during November and December.
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DATE
November 8
November 30
JCHjtln
(work.ses)
November 2, 1993
TENTA~rIVE SCHEDULE OF
CITY COUNCIL WORK SESSIONS
Hel.d in Round 'l'abl.e Format; Fol.l.owing the
Regul.ar c~t;y Council. Meetings
TOPIC OF DISCUSSION
Discussion on Fire Service Costs for the
Islands
Discuss Garbage Alternatives
Discuss Special
Reconst~ruction
for
Street
Assessment
6: 45 WORK SESSION - Discussion with Police
Chief on traffic study issues
WORK Sl:lSSION AFTER REGULAR MEETING - *Joint
Meetingr with Planning commission - community
Facilit;ies section of Comp Plan (moved from
9/13, 9/27 & 10/25)
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, OCTOBER 25, 1993
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M~
MINUTES
1. CO~'VENE CITY COUNCIL MEETING
The meeting was called to order by Mayor Brancel at 7:00 p.m.
A. Pledge of Allegiance
B. Roll Call
Present:
Mayor Brancel; Councilmembers Benson, Daugherty, Lewis, and Stover;
Administrator Hurm, Engineer Dresel, Attorney Keane-entered at 7:13 p.m,
Planning Director Nielsen and Financial Director Rolek.
C. Review Agenda
Daugherty moved, Stover seconded to approve the Agenda for October 25, 1993 with Item
3.D removed from the Consent Agenda and placed on the regular agenda as 6.F.
Motion passed 5/0.
D. Presentation to Mark Labree, Former Park Commissioner
Mayor Brancel presented a plaque on behalf of the City of Shorewood to Mark Labree in
appreciation of his 7 years of dedicated service on the Park Commission having served as
it's Chair from January 1988 to December 1988.
E. Presentation to Jack Hansen, Former Planning Commissioner
Mayor Brancel presented a plaque on the behalf of the City of Shorewood to Jack Hansen
in appreciation of his dedicated service on the Planning Commission from November 1991
to October 1993.
2. APPROVAL OF MINUTES
Daugherty moved, Stover seconded to approve the October 11, 1993 City Council Regular
Meeting Minutes.
Motion passed 4/1. Brancel abstained.
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REGULAR CITY COUNCIL MINUTES
October 25, 1993 - PAGE 2
3. CONSENT AGENDA
Mayor Braneel read the Consent Agenda for October 25, 1993.
Daugherty moved, Stover seconded to approve the Consent Agenda and to adopt the
Resolutions and Motions contained therein:
A. Motion to Approve a 2-Week Extension of Time of the Notice to Remove.
Appellant: Everett Driskill. Location: 23800 State Highway 7 /6105 Lake
Linden Drive.
B. Motion to Award the Contract for a Tree Planting for City Hall/Badger Park
to Wilson Nursery not to exceed $5,000.
c.
RESOLUTION NO. 93-94 "A Resolution Making Appointments to the
Shorewood Advisory Group, Lake Minnetonka Area Cities Service Delivery
Options Study."
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D. Motion Awarding the Contract for Construction of the Warming
House/Shelter for Manor Park. Removed and placed on Re~ular Al:enda as
item number 6.E.
E. Motion Approving Service Contracts for the Sump Pump Program Inspectors.
F. RESOLUTION NO. 93-95 "A Resolution on Unfunded Mandates."
G. Motion to Approve the 1994 Animal Control Contract.
H.
RESOLUTION NO. 93-96 "A Resolution Supporting the Concept of Grant
Applications Regarding Cooperative Services."
.
I. RESOLUTION NO. 93-97 "A Resolution on the Concept of Submitting a
Grant Application to the State Board of Governmental Innovation and
Cooperation."
J. RESOLUTION NO. 93-98 "A Resolution Extending the Term of an
Intergovernmental Senior Center Task Force."
K. Motion to Authorize the City Administrator to Teach 2 Thursday evenings at
Hennepin Community College.
L. RESOLUTION NO. 93-99 "A Resolution Making Appointments to the
Shorewood Planning Commission."
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REGULAR CI1Y COUNCIL MINUTES
October 25, 1993 - PAGE 3
M. Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive
the Monetary Limits.
N. Motion to Approve a Water Connection Agreement (Chanhassen). Applicant:
Thomas M. Daughenbaugh. Location: 21710 Lilac Lane.
Motion passed 5/0.
Brancel announced appointments to the Planning Commission: Laura Turgeon to a term
effective December 1, 1993 ending December 31, 1994, and Jeff Foust to a term effective
November 1, 1993 ending December 31, 1995.
4.
PUBLIC HEARING 7:10 P.M. - REGARDING A VACATION AND ACCEPTANCE
OF AN EASEMENT AT 5705 ECHO ROAD
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A Motion to Approve a Vacation and Accept an Easement at 5705 Echo Road
(William & Deidra Godfrey).
Dresel explained that there is a typographical error in the description of an easement across
an existing lot on Echo Road.
Brancel opened and closed the Public Hearing at 7:10 p.m. there being no comments from
the public.
Keane stated the title examiner will accept a corrected deed for the property located at 5705
Echo Road rather than a vacation of the easement. He recommended the Council
authorize the Clerk to execute a deed correcting the minor title defect.
.
Daugherty moved, Stover seconded to adopt RESOLUTION NO. 93-100 "A Resolution
Authorizing the Clerk to Execute a Corrected Deed for Property at 5705 Echo Road."
Motion passed 5/0.
5. PARK COMMISSION - Report by Representative.
Gordon Lindstrom, Park Commission member, reported on actIVItIes directed by the
Commission including installation of playground equipment at Freeman and Manor Parks.
It is anticipated that work will be completed this fall.
6. PLANNING COMMISSION - Report by Representative.
Doug Malam, Planning Commissioner, reported on the discussions and actions taken at the
Commission's October 19 meeting and related the recommendations for appointments by
the Council to various Commission positions.
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REGULAR CITY COUNCIL MINUTES
October 25, 1993 - PAGE 4
A. Motion to Adopt an Amendment to the Flood Plain Ordinance.
Nielsen explained the amendment is basically a revised version of the City's existing Flood
Plain Ordinance. The State and Federal Governments require updating of the ordinance
to maintain residents' eligibility for the Federal Flood Insurance Program. The changes are
technical in nature; the significant part of the ordinance, which the City has been enforcing
since the '70s, states that homes built near a flood plain must be at a minimum of 1 foot
above the 100 year flood elevation. Approval of the amendment is recommended subject
to review and approval of the DNR. Following receipt of the DNR's approval, a summary
ordinance for publication will be prepared for the Council's approval.
Stover moved, Lewis seconded to adopt ORDINANCE NO. 281, Chapter 1101, Flood Plain
Nlanagement Regulations, subject to approval of the DNR.
Motion passed 5/0.
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B. Motion to Direct Staff to Prepare a Resolution Approving the Preliminary
Plat of Brynmawr Place.
Applicant:
Location:
Pemtom Land Company
South of Woodside Road and yVest of Howard's Point
Road
Nielsen stated the plat fully complies with requirements of the City's development
ordinances. He noted that a number of residents raised reasonable concerns regarding the
development during the public hearing conducted by the Planning Commission. The
Commission unanimously recommends approval of the preliminary plat. Nielsen pointed
out that a revised sketch showing a shortened cul-de-sac has been submitted by the
developer as requested.
.
Dan Herbst, representing the Pemtom Land Company, described the site plan for 24
executive-type homes; location of the cul-de-sac; plans for preservation of trees and
vegetation; and drainage and grading and landscaping plans. Construction is expected to
begin in the Spring of 1994. Herbst stated the Company will attempt to preserve a large
dead tree on the site as requested in a petition from the neighborhood children.
Lewis moved, Stover seconded to direct the staff to prepare a resolution approving the
Pemtom Land Company's application for a preliminary plat of Brynmawr Place, south of
Woodside Road and west of Howard's Point Road.
Motion passed 5/0.
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REGULAR CITY COUNCIL MINUTES
October 25, 1993 - PAGE 5
C. Motion to Direct Staff to Prepare a Resolution Approving a P.D.D.
Amendment and Preliminary Plat.
Applicant:
Location:
Robert S.c. Peterson
5480 Carrie Lane
Nielsen stated this division was anticipated as part of the original P.D.D. approved in 1984
and is consistent with the previous approval. The Planning Commission and staff
recommend approval of the preliminary plat and P.D.D. amendment.
Stover moved, Lewis seconded to direct the staff to prepare a resolution approving the
P.D.D. amendment and preliminary plat application of Robert S.c. Peterson, 5480 Carrie
Lane.
. Motion passed 5/0.
D. Resolution Approving a Simple Subdivision/Combination
Applicant:
Location:
Gordon Lindstrom/Wendt & Apenitis
23680 McLain Road/23665 and 23705 Gillette Curve
Nielsen stated this simple division involves a lot line rearrangement which is favorable for
all the parties involved and the Planning Commission and staff recommend approval.
Lewis moved, Stover seconded to adopt RESOLUTION NO. 93-101 "A Resolution Approving
Subdivision and Combination of Real Property."
Motion passed 5/0.
.
E.
Resolution Approving a Preliminary Plat & Lot Width Variance - Mott
Addition. Applicant: Whitley Mott. Location: 24850 Yellowstone Trail.
POSTPONED.
F. Motion Awarding the Contract for Construction of the Warming
House/Shelter for Manor Park
Nielsen reported that only one bid has been received for construction of the warming
house/shelter for Manor Park and the bid exceeds the budget as well as the requirement
for competitive bidding. Nielsen stated that while the estimated cost may reflect the fact
that contractors are backed up and busy, it may also suggest an unrealistic budget for the
project. Given the present circumstances and timing, he indicated it is unlikely the project
will be completed this year for use during the coming winter season. He suggested the
contract be placed for bids again during the slower construction period this winter.
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REGULAR CITY COUNCIL MINUTES
October 25, 1993 - PAGE 6
Hurm reported that the Park and Planning Commissions have been notified of the problems
associated with the project and that a trailer will be used again as a temporary shelter
during this season. Nielsen stated that higher material costs as well as heavy work schedules
of contractors appear to have driven the costs up. Hurm indicated the project plans will be
re-analyzed and placed for bids in January.
7. CONSIDERATION OF A REQUEST FOR REFUND
Rolek stated Jean Mandeville, 28160 Boulder Bridge, requests removal of the penalty on
her utility account because since mail is not received at City Hall on Saturdays (the due
date) her payment was not received until the following Monday, making the payment late
by one day. Rolek reviewed the City's utility charge payment policy which states that if the
due date falls on a weekend when the City office is closed, the payment must be received
in the City office by the opening of business on the first business day following the weekend.
Based on the policy, Rolek stated that Mrs. Mandeville's payment which arrived in the mail
on Monday is considered late and subject to the 10% late penalty.
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The Councilmembers discussed the policy and generally agreed that a payment received any
time during the City's business hours of the first business day following a weekend or a
holiday would be considered as received on time.
Lewis moved, Benson seconded to waive the penalty on the utility account of Jean
Mandeville, 28160 Boulder Bridge, and to amend the policy to state ... "the payment must
be received in the City office durin~ business hours on the first business day following the
weekend or a holiday."
Motion passed 4/1. Daugherty abstained.
8.
CONSIDERATION OF A PETITION REQUESTING REMOVAL OF PARKING
RESTRICTIONS ON OLD MARKET ROAD
.
Hurm stated a petition signed by 11 residents on Old Market Road was received requesting
that cars be allowed to park on one side of the street. He stated a portion of Old Market
Road has been designated as an official bicycle lane which prohibits vehicular parking in the
bike-way area. The bike-way designation allowed the 25 mph speed posting on that road.
The Councilmembers discussed the request. Daugherty stated it is likely the residents may
not fully understand the implications of their request and volunteered to contact the
petitioners.
Daugherty moved, Lewis seconded to table consideration of the petition requesting removal
of parking restrictions on Old Market Road for 2 weeks to allow time to contact the
residents to ensure understanding of the ramifications of the request.
Motion passed 5/0.
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REGULAR CITY COUNCIL MINUTES
October 25, 1993 - PAGE 7
9. MATIERS FROM THE FLOOR - None.
10. ADMINISTRATOR A1~D STAFF REPORTS
Keane distributed and reviewed his draft letter addressed to Mr. Kyle Colvin of the
Metropolitan Waste Control Commission regarding a suggestion that the issues between the
City of Shorewood and the Metropolitan Waste Control Commission be resolved through
some form of alternative dispute resolution. Keane supported pursuing such a process for
mediation and resolution of the outstanding issues. He stated this is a policy question and
requested guidance from the Councilmembers. He suggests a mediation process agreement
be developed with the MWCC by November 3 and stated the details of the agreement
would be presented to the Council for consideration at its November 8 meeting.
.
The Councilmembers discussed the implications of a mediated resolution to the dispute,
noting that political ramifications and questions need to be analyzed and expressed the need
for a long-term solution to the issues.
Keane stated the mediation process would include resolution of 2 major issues: 1) the
discrepancy in the estimates and volumes, and 2) the philosophical difference of
interpretation of the Statute that gives MWCC latitude to impose fees on a fair and
equitable basis. He emphasized that an expedited schedule for handling the issues and
decision making would be included in the agreement. Keane stated the mediator's decision
would be binding, but acknowledged that resolution of the dispute through legal channels
could result in a more significant outcome.
Benson moved, Lewis seconded to authorize the City Attorney to send the proposed letter
to the MWCC and agreed to discuss a process to mediate the outstanding issues between
the City and MWCC.
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Motion passed 5/0.
11. MAYOR AND COUNCIL REPORTS
A. MWCC Task Force Report - None.
B. Schedule for Appointments
The Council briefly discussed the interview process and schedule for
appointments/reappointments to the Park and Planning Commissions.
Lewis inquired about the status of the Silverwood Park report; Hurm indicated a copy is
available. Daugherty reported on a discussion with Mr. Lindstrom of the Park Commission
regarding a number of issues coming before the Commission. Hurm indicated a Committee
of the Commission has been formed to address those issues and will prepare a
7
REGULAR CITY COUNCIL MINUTES
October 25, 1993 - PAGE 8
recommendation for the Council's consideration. Daugherty suggested additional
recreational items for Silverwood Park to replace the tennis courts.
12. ADJOURNMENT TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF
CLAIMS
Stover moved, Daugherty seconded to adjourn the City Council Meeting, subject to the
approval of claims, at 8:30 p.m. to a Work Session.
Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
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ATTEST:
BARBARAJ.BRANCEL,~UYOR
JA.l\1ES C. HURL'\1, CITY ADMINISTRATOR
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CITY OF SHOREWOOD
COUNCIL WORK SESSION
MONDAY, OCTOBER 25, 1993
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
8:30 P.M.
MINUTES
CONVENE WORK SESSION
The work session convened at 8:30 p.m. Present were: Councilmembers Benson, Daugherty,
Lewis and Stover; Administrator Hurm, Planning Director Nielsen, and Finance Director
Rolek. Engineer Dresel attended a portion of the session.
1. Review the 1994 Operating Budget
Rolek stated the tax levy increase has been revised to a 0% increase for 1994. Hurm
reviewed the accounting details for the proposed engineer's position. He called for
questions or concerns regarding the Operating Budget and/or Objectives for 1994.
.
The Councilmembers discussed the addition of an engineer position to the City's staff in
1994. The Council accepted the 1994 Operating Budget and Objectives as presented.
(Dresel entered the meeting at this point.)
2. Review Capital Improvement Program - 1994-1998
Hurm brought the Councilmembers attention to the Capital Improvement Program for 1994-
1998, highlighted significant items and called for questions and/or comments.
The Councilmembers discussed the Program and accepted the Program as presented.
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Discussion on the Proposal for Special Assessments of Street Reconstruction
Projects - Deferred.
4. Adjourn Work Session
The work session adjourned at 9:35 p.m.
RESPECTFULLY SUBMITTED.
Arlene H. Bergfalk, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
1
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RESOLUTION NO._
A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR
BRYNMAWR PLACE
WHEREAS, Pemtom Land Company (Applicant) has an interest in certain land within
the City of Shorewood and has applied to the Council for preliminary approval of a plat to be
known as Brynmawr Place; and
WHEREAS, Applicant's request has been reviewed by the City Planner and his
recommendations have been duly set forth in a Memorandum to the Planning Commission
dated 27 September 1993, which Memorandum is on file at City Hall; and
WHEREAS, Applicant's request has been reviewed by the City Engineer and his
recommendations have been duly set forth in a letter to the City Planner, dated 30 September
1993, which letter is on file at City Hall; and
.
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
5 October 1993, for which notice was duly published and all adjacent property owners duly
notified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That Applicant's request for preliminary plat approval of Brynmawr Place is
hereby granted.
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2. That such approval is subject to the recommendations set forth in the City
Planner's Memorandum dated 27 September 1993, the City Engineer's recommendations set
forth in his letter to the City Planner, dated 30 September 1993, and the terms and conditions
contained in the minutes of the Planning Commission meeting of 5 October 1993 on file at
City Hall.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of
November, 1993.
ATTEST:
Barbara J. Brancel, Mayor
James C. Hurm
City Administrator/Clerk
3A
RESOLUTION NO._
A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR
ROBERT S.C. PETERSON 2ND ADDmON
WHEREAS, Robert S.C. Peterson (Applicant) has an interest in certain land within
the City of Shorewood and has applied to the Council for preliminary approval of a plat to be
known as Robert S. C. Peterson 2nd Addition; and
WHEREAS, Applicant's request has been reviewed by the City Planner and his
recommendations have been duly set forth in a Memorandum to the Planning Commission
dated 29 September 1993, which Memorandum is on file at City Hall; and
WHEREAS, a division of Lot 5, Block 1, Robert S.C. Peterson Addition was
anticipated in a development agreement, dated 10 December 1984, between the Applicant and
the City, and the proposed division is consistent with the original planned unit development
of the property; and
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WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
5 October 1993, for which notice was duly published and all adjacent property owners duly
notified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That Applicant's request for preliminary. plat approval of Robert S.C. Peterson
2nd Addition is hereby granted.
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2. That such approval is subject to the recommendations set forth in the City
Planner's Memorandum dated 29 September 1993, and the terms and conditions contained in
the minutes of the Planning Commission meeting of 5 October 1993 on file at City Hall.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of
November, 1993.
~ Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
38
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RESOLUTION NO. 93-
RESOLUTION APPROVING SPECIAL ASSESSMENTS FOR PROJECT
NO. 93-2, SEASON'S ELDERLY HOUSING PROJECT IMPROVEMENTS
WHEREAS, Pete Boyer Construction, Inc. is the sole owner of
the property identified as P.I.D. No. 25-117-23-34-0001, city of
Shorewood, Hennepin County, Minnesota, which is the site of the
Season's Elderly Housing Project; and,
WHEREAS, the City has received a petition by 100 percent of
the owners of said property for the installation of water, sanitary
sewer and storm sewer improvements, the cost of such improvements
to be assessed against the said property; and,
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WHEREAS, the Ci ty has accepted such petition and ordered
construction of the improvements, designated as Project No 93-2;
and,
WHEREAS, pursuant to proper notice duly given as required by
law, the Council has met and heard and passed upon all objections
to the proposed assessment of costs for the local improvement
designated as Project No. 93-2 and described as Season's Elderly
Housing Project Improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood, Minnesota, that:
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1. Such proposed special assessments, in the amount of
$225,000.00, designated as Levy No. 12895, are hereby accepted and
shall constitute the special assessments against the property
identified as P.I.D. No. 25-117-23-34-0001, City of Shorewood,
Hennepin County, Minnesota, which is hereby found to be benefitted
by the proposed improvement in the amount of the assessment levied
against it.
2. Such assessment shall be payable in equal annual
installments extending over a period of 10 years and shall bear
interest at the rate of six percent (6.00%) per annum from the date
of the adoption of this assessment resolution.
3. The owner of any property so assessed may pay the whole of
the assessment against any parcel to the city of Shorewood without
interest if payment is made prior to December 8, 1993. After
December 8, 1993, following the date of the assessment, the first
year's installment shall be added to the taxes for the year's tax
list and collected as taxes with interest accruing from the date of
assessment through December 31 of the following year. All payments
thereafter shall be in accordance with the provisions of Minnesota
Statutes section 429.061, Subd. 3.
4A
4. The clerk shall forthwith transmit a certified duplicate
of this assessment to the County Auditor to be extended on the
proper tax lists for the County, and such assessments shall be
collected and paid over in the same manner as other municipal
taxes.
Adopted by the City Council of the City of Shorewood,
Minnesota, this 8th day of November, 1993.
Barbara Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
.,
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RESOLUTION NO. 93-
RESOLUTION APPROVING SPECIAL ASSESSMENTS FOR
EXTENSION OF SANITARY SEWER SERVICE
WHEREAS, Robert C. and Margaret J. Osha are the sole owners of
the property identified as P.I.D. No. 32-117-23-44-0003, City of
Shorewood, Hennepin County, Minnesota; and,
WHEREAS, Robert C. and Margaret J. Osha have, under an
agreement with the city, petitioned the City for the extension of
a sanitary sewer service to said property, one-half the cost of
such improvements to be assessed against said property; and,
WHEREAS, the City has accepted such petition and ordered
construction of the extension of the sanitary sewer service; and,
.
WHEREAS, pursuant to proper notice duly given as required by
law, the Council has met and heard and passed upon all objections
to the proposed assessment of costs for the extension of sanitary
sewer service to said property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood, Minnesota, that:
1. Such proposed speci.al assessments, in the amount of
$7,500.00, designated as Levy No. 12894, are hereby accepted and
shall constitute the special assessments against the property
identified as P.I.D. No. 32-117-23-44-0003, City of Shorewood,
Hennepin County, Minnesota, which is hereby found to be benefitted
by the proposed improvement in the amount of the assessment levied
against it.
.
2. Such assessment shall be payable in equal annual
installments extending over a period of 10 years and shall bear
interest at the rate of five percent (5.00%) per annum from the
date of the adoption of this assessment resolution.
3. The owner of any property so assessed may pay the whole of
the assessment against any parcel to the City of Shorewood without
interest if paYment is made prior to December 8, 1993. After
December 8, 1993, following the date of the assessment, the first
year's installment shall be added to the taxes for the year's tax
list and collected as taxes with interest accruing from the date of
assessment through December 31 of the following year. All paYments
thereafter shall be in accordance with the provisions of Minnesota
Statutes section 429.061, Subd. 3.
48
4. The clerk shall forthwith transmit a certified duplicate
of this assessment to the County Auditor to be extended on the
proper tax lists for the County, and such assessments shall be
collected and paid over in the same manner as other municipal
taxes.
Adopted by the City Council of the City of Shorewood,
Minnesota, this 8th day of November, 1993.
Barbara Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
.
.
~cNI dY:MOODY'S INVESTORS SVC :11- ~-93 ;11 :~OAM PUBLIC FINANCE OEPT-
6124H0128;; 2
Moody's Municip-al
Daily Rating Recap
Shorewood I Minnesota
Ratlng date: November 3, 1993
MOOdy's ratIng:: A 1 (r6avlsQd from A)
General Obligation Improvement Bonds. Series 1993A
Sale: $325,000
Date of Sale: November 8
iype: Competitive
SecurIty: General obligation, unlimited tax.
~ of Proceeds: Finance improvements within the
. and to refund the 1995 through 2001 mnturities of
the city's General Obligation Improvement Refunding
Bonds, Series 1987 A, dated Aprill, 1987.
Last Ratlng change: August 1989: Boa 1 to A
Credit Comment: Moody's has raised Shorewood's
general obligation bond rating from A to A 1 in conjunc-
tion with the sale of $325,00 general obligation improve.,
ment bonds. The rating revision is based upon the
following factors:
· Debt burden is expec+..ed to remain below average.
The city has a well defined five-year capital improve-
ment plan in place requiring nominal debt financing,
Additional future capital requirements for the city' 5
water system are likely, however, the city's objective
....ll.owever is to keep the overall system self-supporting.
. continue to make requited inter-connections.
I The city, located in the suburbs of the Twin Cities
metropolitan area, exhibits a strong socioeconomic
profile, 'With income levels and housing values among
the highest in the Twin Cities metropolitan area. Hav-
ing experienced signitic:.mt population and ta:t base
growth throughout the past decade, the primarily resi-
dential city is 80% developed and future capital
improvement needs are moderate.
· Sound financial operlltiOnG complement Ll Ceneral
Fund balance that is maintained at a favorable level.
Propeny taxes and special assessments are the major
revenue sources, with satisfactory collections provid-
ing a steady revenue stream. City officials also expect
flScal1993 to end with a General Fund operating
surplus after budgeted transfers.
· A portion of this sale will current refund the city's
General Obligation Improvement Refunding Bonds,
Series 1987 A, along with cash on hlind, resulting in a
net present value savings of approximately $31,757.
analyst: Mark 8, Taylor
(212) 553-1024
T~l!! Watr:-.:tioa ho:rell1 W b-. ol:a.inecl from SOllre8& beiieved :0 bo =l!!llad ra/iobl.., QUI b=uu ot tha pOllSibUity of aMlllll "-lld ::c:clw1Jcal &TOt", its ~ or :omplCllll11U
!J cot
;uat!.nt8ed. Moo<ly'. ra~as !t'l!I ,,!,WOQS, :lOt ==ec<Wlons to boy or ,clI, ilIld tllAir.<:aunIaf i. :lot iUlll'all-..d. A rallng should b.. w=i1b.~ IlOl=ly ill oae !!= '" A<l Ul~~On:
<l:c!sIOll.
>lXi you .howd m.Ua yottr onru _dy il%ld .val~Oll o~ lIay issue::' who" ucuritiC$ or d.:bt ooU ~OIlS YO'.J cOlUider ~"yilIlJ: or scillcg. Mos: i..u.... c; oQ11lor~ ~ODda. ~ulUel~41 oo"d.
Alld
~otC3. pl'&(~ lteel:. Me commorci.;J P";l=- 'Which :or: raud. by :..foody' 5 Illv~",ra SllrVlca. Iz:a. h"",c. priQl' tC recclvll1g me ~a. lIifoocllO YAY a f~ to Moody I for t:;O 4\lP=1lI
net mills.
=vie:.!. Thl!! fu ralIi~ from .$1,000 to St2$,oOO,
Copyri~t ~ 19~ by Meody', Inves~ro S~dc:.,Iz:o. i'w..hliJltinIl!.lld &XeCUtiv.. offi= llt 99 Clu:ch S!rOl:lt, N.... York.1<l"Y 10007
~5
LAW OFFICES
WURST, PEARSe> N. LARSON. UNDERWOOD & MERTZ
.. P.....R1'NI!:RSIwlIP INCLUOING PRO~ESSION"'L ...SSOCI....TIONS
ONe: FINANCIAL PI~AZA, SUITE 1100
120 SOUTH SIXTH STREET
A THOMAS WURST, PA
CURTIS A. PEARSON, P_A
...JAMES D. LARSON, P.A.
ThOMAS F. UNDERWOOD, P.A
CRAIG M. MERTZ
ROGER 0. FELLOWS
MINNEAPOLIS, MINNESOTA 55402-1803
TELEPHONE
(612) 338-4200
FAX NUMBER
(612 i 338 2625
November 3, 1993
.
Ms. Nancy Langness
Springsted
85 East Seventh Place, Suite 100
St. Paul MN 55101-2143
Re: City of Shorewood
$325,000 G.O. Improvement Bonds, Series 1993A
Dear Nancy:
meeting
we have
order.
Hurm so
We are enclosing herewith the proposed sales resolution for the
on November 8 on the Shorewood bonds. This is also to report that
revised the improvement proceedings on this issue and they are in
I am sending a copy of this letter and of the sales resolution to Mr.
he can review it and call me with any questions or comments.
If there are any questions about the sales resolution, please
contact me.
.
CAP:lh
Enclosure
cc: Mr. James Hurm, City Administrator-Clerk
Pearson
5
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF:' THE CITY OF SHOREWOOD,
HENNEPIN COUNTY, MINNESOTA
Pursuant to due call and notice thereof, a (special) (regular)
meeting of the City Council of the City of Shorewood, Hennepin County,
Hinnesota, was duly held at the Ci ty Hall in said Ci ty on Monday, the 8th day
of November, 1993, at 7:30 p.m.
The following members were present:
. and the following were a.bsent:
* * *
* * *
* * *
The Mayor announced that the next order of business would be the
consideration of proposals for the purchase of $325,000 General Obligation
Improvement Bonds, Series 1993A, which the City proposes to sell.
The City Administrator-Clerk then presented the proposals which
had been delivered to him prior to the time specified in the terms of
. proposal, and said proposals had been opened, examined and found to be as
follows:
After due consideration of said proposals, Councilmember
_________ introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AWARDING THE SALE OF $325,000 GENERAL
OBLIGATION' IMPROVEMENT BONDS, SERIES 1993A;
FIXING TH:E:IR FORM AND SPECIFICATIONS; DIRECTING
THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR
THEIR PAYl1ENT.
WHEREAS, the Ci ty Council adopted Resolution 93-93 on October 11,
1993, providing for the issuance and sale of $325,000 of general obligation
bonds,
e
NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of
Shorewood, Minnesota, as follows:
1. The proposal of
to purchase $3251'000 General Obli1jaticn Improvement Bonds, Series 1993A of
the City described in the terms of proposal thereof is hereby found and
determined to be the highest and best proposal received and shall be and is
hereby accepted, such proposal being to purchase such bonds at a price of
$ plus accrued interest to date of delivery, such bonds to
bear interest as follows:
.
The sum of $ .____, being the amount bid in excess of $321,750
shall be credited to the bond sinking fund hereinafter created. The City
Administrator-Clerk is directed to retain the good faith check of the
successful bidder pendinq completion of the sale and deli very of the bonds.
The City Administrator-Clerk is directed to return the checks of the
unsuccessful bidders forthwith.
2. The City of Shorewood shall forthwith issue and sell its
General Obligation Improvement Bonds, Series 1993A (the "Bonds") in the
principal amount of $325 ,rOOO, dated December 1, 1993. The printed, fully
registered bonds shall be in the denomination of $5,000 each or higher
multiples thereof for any single maturity, bearing interest as above set
forth, all interest payable August 1, 1994, and semiannually thereafter on
February 1 and August 1 in each year, and which bonds mature serially on
February 1 in the years and amounts as follows:
-3-
YEAR M'10UNT YEAR AMOUNT
1995 $40,000 2000 $35,000
1996 40,000 2001 30,000
1997 40,000 2002 20,000
1998 40,000 2003 20,000
1999 40,000 2004 20,000
The Ci ty may elect on February 1, 2001, and on any day thereafter, to prepay
Bonds due on or after February 1, 2002, at a price of par plus accrued
interest.
3. Both pr incipal of and interest on the Bonds shall be payable at
and the Ci ty of Shore\vooo shall pay the reasonable charges of said bank for
its services as paying agent.
4. The Bonds shall be in substantially the following form: ~
~
-4-
(Face of the Bonds)
UNITED STATES OF M1ERICA
STATE OF MINNESOTA
HENNEPIN COUNTY
CITY OF SHOREWOOD
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1993A
Rate
Naturity
Date of Original Issue
CUSIP
December 1, 1993
.
KNOW ALL MEN BY THESE PRESENTS tha t the Ci ty of Shorewood, Hennepin
Coun ty, Ivlinnesota, a municipal co rpo ration, (the Ci ty), acknowledges
itself to be indebted and, for value received, hereby promises to pay to
or registered assigns, the principal sum of _____ THOUSAND DOLLARS, on
the maturity date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable on August 1 and February
1 in each year, commencing August 1, 1994, to the person in whose name this
Bond is registered at the close of business on the 15th day (whether or not a
business day) of the immediately preceding month. The interest hereon
and, upon presentation and surrender hereof at the principal office of the
Bond Registrar hereinafter designated, the principal hereof are payable in
lawful money of the United States of America by check or draft of the
_________, in ___________, Ivlinnesota, as Bond Registrar,
Transfer Agent and Paying Agent (the Bond Registrar), or its successor
designated under the Resolution described herein.
.
Additional provisions of this Bond are contained on the reverse
hereof and such provisions shall for all purposes have the same effect as
though fully set forth hereon.
This Bond shall not be valid or become obligatory for any purpose or
be entitled to any security or benefit under the Resolution until the
Certificate of Authentication hereon shall have been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Shorewood, Hennepin County,
rvrinnesota, by its Ci ty Council, has caused this Bond to be executed by the
facsimile signatures of the Mayor and the City Administrator-Clerk, and has
caused this Bond to be dated as of the date set forth below.
Dated:
(Facsimile Signature)
City Administrator-Clerk
(Facsimile Signature)
Mayor
-5-
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
as Bond Registrar and Paying Agent
Dated:
By ________ ______ _______.___________
Authorized Representative
(Reverse of the Bonds)
This Bond is one of an issue in the aggregate principal amount of
$325,000 (the Bonds), all of like date and tenor except as to serial number,.
denomination, interest rate, redemption privilege, and maturity date,
issued pursuant to a resolution adopted by the City Council on November 8,
1993, (the Resol ut ion) , to finance publ ic improvements cons truct ed 0 r to be
constructed pursuant to Minnesota statutes, Chapter 429; and is issued
pursuant to and in full conformity with the provisions of the Constitution
and laws of the State of Hinnesota thereunto enabling, including tJlinnesota
Statutes, Chapter 475. This Bond is payable primarily from the General
Obligation Improvement Bond, Series 1993A Fund (the Bond Fund) of the City,
but the City is required by law to pay maturing principal hereof and
interest hereon from any available funds of the Ci ty if moneys on hand in the
Bond Fund are insufficient therefor. The Bonds are issuable only as fully
registered bonds, in denominations of $5,000 or any multiple thereof, of
single maturities. The City may elect on February 1,2001, and on any day
thereafte r, to prepay Bonds due on or after Februa ry 1, 2002, a t a pr ice of
par plus accrued interest.
As provided in the Resolution and subject to certain limitations.
set forth therein, this Bond is transferable upon the books of the City at
the principal office of the Bond Registrar, by the registered owner hereof
in person or by his attorney duly authorized in writing upon surrender
hereof together with a written instrument of transfer satisfactory to the
Bond Registrar, duly executed by the registered owner or his attorneYi and
may also be surrendered in exchange for Bonds of other authorized
denominations. Upon such transfer or exchange, the Ci ty will cause a new
Bond or Bonds to be issued in the name of the transferee or registered owner,
of the same aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any,tax, fee or
governmental charge required to be paid with respect to such transfer or
exchange.
The City and the Bond Registrar may deem and treat the person in
whose name this Bond is registered as the absolute owner hereof, whether
this Bond is overdue or not, for the purpose of receiving payment and for all
other purposes, and neither the City nor the Bond Registrar shall be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
-6-
acts, con<Jitions, and things required by the Constitution and laws of the
State of Minnesota to be done, to exist, to happen and to be performed
precedent to and in the issuance of this Bond in order to make ita valid and
binding general obligation of the City according to its terms have been
done, do exist, have happened and have been performed in regular and due
form as so required; that the City has levied or will levy special
assessment and ad valorem taxes, collectible in the years and amounts
required to produce sums not less than five percent in excess of the
principal of and interest on the Bonds as such principal and interest
respect! vely become due, and has appropr iated the same to the Bond Fund in
the manner specified in Minnesota Statutes, Section 475.61; that, in the
event of any accumulated or anticipated deficiency in the Bond Fund,
additional ad valorem taxes are required by law to be levied upon all
taxable property in the City without limitation as to rate or amount; and
that the issuance of this Bond does not cause the indebtedness of the Ci ty to
exceed any constitutional or statutory limitation.
.
The following abbreviations, when used in the inscription on the
face of this Bond, shall be cons t rued as though they wer e wr it ten out in full
according to the applicable laws or regulations:
TEN COM - as tenants
in common
UNIF TRANSFERS MIN ACT...Custodian....
(Cust) (Minor)
TEN ENT - as tenants
by the entireties
JT TEN
as joint tenants
with right of
survivorship and
not as tenants
in common
under Uniform Transfers to
r-lino r s
.
Act . .
........
(State)
Addi tional abbreviations may also be used though not in the above
list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns, and
transfers unto
the within Bond and all rights thereunder, and does hereby irrevocably
constitute and appoint
-7-
attorney to transfer the within Bond on the books kept for registration
thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: The assignor's signature to
this as s ignment mus t co r respond wi th the
name as it appears upon the face of the
wi thin Bond in every particular, wi thout
alteration or any change whatever.
Signature (s) must be guaranteed by a national bank or trust company or by a
brokerage firm having a membership in one of the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond unless thee
information concerning the assignee requested below is provided:
Name and Address
(Include information for all joint owners
if the Bond is held by joint account.)
PLEASE INSERT SOCIAL SECURITY NUMBER OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE
5. The Bonds shall be issuable only in fully registered form.
The interest and principal amount thereof shall be payable by check or draft.
issued by the Registrar described herein.
6. Dates; Interest Payment Dates. Each Bond shall be dated as of
the last interest payment date preceding the date of authentication to
which interest on the Bond has been paid or made available for payment,
unless (i) the date of authentication is an interest payment date to which
interest has been paid or made available for payment, in which case such
Bond shall be dated as of the date of authentication, or (ii) the date of
authentication is pr ior to August 1, 1994, in which case such Bond shall be
dated as of December 1, 1993. The interest on the Bonds shall be payable on
August 1 and February 1 in each year, commencing August 1, 1994, to the owner
of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not such day is a business day.
7. Registration. The City shall appoint and shall maintain a
bond registrar, transfer agent, and paying agent (the Registrar). The
effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its
-8-
principal corporate trust office a bond register in which
the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and
exchanges of Bonds entitled to be registered, transferred
or exchanged.
.
(b) Transfer of Bonds. Upon surrender for
transfer of any Bond duly endorsed by the registered owner
thereof or accompanied by a written instrument of transfer,
in form satisfactory to the Registrar, duly executed by the
registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by
the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth
day of the month preceding each interest payment date and
until such interest payment date.
(c) Exchange of Bonds. When eve r any Bond is
surrendered by the registered owner for exchange, the
Registrar shall authenticate and deliver one or more new
Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney
duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon
any transfer or exchange shall be promptly cancelled by the
Registrar and thereafter disposed of as directed by the
City.
.
(e) Improper or Unauthorized Transfer. When any
Bond is presented to the Registrar for transfer, the
Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate
instrument of transfer is legally authorized. The
Reg is t ra r shall incur no 1 iabi 1 i ty for its refusal, in good
faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The Ci ty and the
Registrar may treat the person in whose name any Bond is at
any time registered in the bond register as the absolute
owner of such Bond, whether such Bond shall be overdue or
not, for the purpose of rlecei ving payment of, or on account
of, the principal of and interest on such Bond and for all
other purposes, and all such payments so made to any such
registered owner or upon the owner's order shall be valid
and effectual to satisfy and discharge the liability of the
Ci ty upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer
or exchange of Bonds, the Registrar may impose a charge upon
the owner thereof sufficient to reimburse the Registrar for
-9-
any tax, fee or other governmental charge required to be
paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds.
In case any Bond shall become mutilated or be lost, stolen
or destroyed, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such
mutilated Bond or in lieu of and in substitution for any
such Bond lost, stolen or destroyed, upon the payment of the
reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond lost,
stolen or destroyed, upon filing with the Registrar
evidence satisfactory to it that such Bond was lost, stolen
or destroyed, and of the ownership thereof, and upon
furnishing to the Registrar an appropriate bond or
indemnity in form, substance and amount satisfactory to it,
in which bond the Ci ty and the Registrar shall be named as
obligees, all pursuant to the provis ions of Minnesota
Statutes, Sections 475.69 and 475.70. All Bonds so
surrendered to the Registrar shall be cancelled by it and
evidence of such cancellation shall be given to the City.
If the mutilated, losty stolen or destroyed Bond has
already matured or been called for redemption in accordance
wi th its terms, it shall not be necessary to issue a new Bond
prior to payment.
8. Appointment of Initial Registrar. The City hereby appoints
.
as the ini tial Registrar. The Mayor and the Ci ty Administrator-Clerk are
authorized to execute and deliver, on behalf of the City, a contract with
as Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or t rust company.
authorized by law to conduct such business, such corporation shall be
authorized to act as successor Registrar. The City agrees to pay the
reasonable and customary charges of the Registrar for the services
performed. The City reserves the right to remove any Registrar upon thirty
(30) days' notice and upon the appointment of a successor Registrar, in
which event the predecessor Registrar shall deliver all cash and Bonds in
its possession to the successor Registrar and shall deliver the bond
register to the successor Registrar. On or before each principal or
interest due date, without further order of this City, the City
Administrator-Clerk shall transmit to the Registrar, from the General
ObI iga t ion Improvement Bond Fund descr ibed in pa rag raph 15 he reof, monies
sufficient for the payment of all principal and interest then due.
9. Preparation and Delivery. The Bonds shall be prepared under
the direction of the City Administrator-Clerk and shall be executed on
behalf of the Ci ty by the signatures of the Mayor and the Ci ty
Administrator-Clerk, provided that the Mayor and Clerk I s signatures may be
facsimiles thereof. In case any officer whose signature, or a facsimile of
whose signature, shall appear on the Bonds shall cease to be such officer
before the delivery of any Bond, such signature or facsimile shall
-10-
.
.
nevertheless be valid and sufficient for all DurDoses, the same as if such
officer had remained in office until deli~ery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled
to any security or benefit under this resolution unless and until a
certificate of authentication on such Bond has been duly executed by the
manual signature of an authorized representative of the Registrar.
Certificates of authentication on different bonds need not be signed by the
same representative of the Registrar. The executed certificate of
authentication on each bond shall be conclusive evidence that it has been
authenticated and delivered under this resolution. When the Bonds have
been so executed and authenticated, they sha11 be delivered by the Clerk to
the Purchaser upon payment of the purchase price, and the Purchaser shall
not be obligated to see to the application of the purchase price.
10. The Clerk shall cause the proceeds of the Bonds to be applied
for the costs of construction of public improvements author ized and
approved pursuant to Hinnesota Statutes, Chapter 429, and for the refunding
of all outstanding bonds from the General Obligation Improvement Refunding
Bonds, Series 1987A which are callable February I, 1994.
The Finance Director/Treasurer shall deposi t the proceeds of
the Bonds, other than construction funds for the 1993 improvements and any
amounts set as ide to pay expenses, in an account wi tb a bank whose deposi ts
are insured by the Federal Deposit Insurance Corporation and whose combined
capi tal and surplus is in excess of $500,000, and shall invest such funds in
securities authorized by Minnesota Statutes, Section 475.66, maturing on
such dates as shall be required to provide funds sufficient to redeem the
principal amount of the General Obligation Improvement Refunding Bonds,
Series 1987A, on February 1, 1994. Prior to and including said dates,
investment earnings on said refunding account shall be used solely to pay
interest on the Bonds and shall be remitted to the Registrar for said
purpose. The City Administrator-Clerk is authorized and directed
forthwith to give notice of the redemption and prepayment of the General
Obligation Improvement Refunding Bonds, Series 1987A, in accordance with
the attached Notice of Redemption. Notice of the redemption shall be gi ven
in accordance with the terms of the resolution authorizing issuance of the
1987 Bonds. The Administrator-Clerk is directed to cause notice of the
call for redemption to be mailed to all registered holders of all bonds
called no less than thirty days prior to the date of redemption.
11. It is hereby determined that the Improvements to be financed
by the Bonds will directly and indirectly benefit the abutting property,
and the City hereby covenants with the holders from time to time of the
Bonds, as follows:
(a) The City will cause the assessments for the
Improvements to be promptly levied so that the first
installment will be collectible not later than 1994 if
necessary and will take all steps necessary to assure
prompt collection. The City Council shall cause all
further actions and proceedings relative to the making and
financing of the Improvements financed hereby to be taken
with due diligence that are required for the construction
of each Improvement financed wholly or partly from the
-11-
proceeds of the Bonds, and for the final and valid levy of
special assessments and the appropriation of any other
funds needed to pay the obligations and interest thereon
when due.
(b) In the event of any current or anticipated
deficiency in said special assessments, the City Council
will levy ad valorem taxes in the amount of said cur rent or
anticipated deficiency.
(c) The City will keep complete and accurate
books and records showing all receipts and disbursements in
connection wi th the Improvements, the taxes levied and the
assessments levied therefor and other funds appropriated
for their payment, and all collections thereof and
disbursements therefrom, moneys on hand and the balance of
unpaid assessments.
.
(d) The City will cause its books and records to
be audited at least annually by qualified public
accountants and will furnish copies of such audit reports
to any interested person upon request.
12. ~Then all of the Bonds have been discharged as provided in this
resolution, all pledges, covenants and other rights granted by this
resolution to the holders of the Bonds shall cease. The Ci ty may discharge
its obligations with respect to any Bonds which are due on any date by
irrevocably depositing with the Registrar on or before that date a sum
sufficient for the payment thereof in full; or, if any Bond should not be
paid when due, it may nevertheless be discharged by depositing with the
Registrar a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the
provisions of law now or hereafter authorizing and regulating such action,.
by depositing irrevocably in escrow, with a bank qualified by law as an
escrow agent for this purpose, cash or secur i ties which are general
obligations of the United States or securities of United States agencies
which are authorized by law to be so deposited, bearing interest payable at
such time and at such rates and maturing on such dates as shall be required,
without reinvestment, to pay all principal and interest to become due
hereon to maturity.
13. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its
officers, employees or agents any action which would cause the interest on
the Bonds to become subject to taxation under the Internal Revenue Code of
1986, as amended (the Code), and the Treasury Regulations promulgated
thereunder (the Regulations), and covenants to take any and all actions
wi thin its powers to ensure that the interest on the Bonds will not become
subject to taxation under the Code and the Regulations. The Bonds will be
designated by the City as "qualified tax-exempt obligations" for purposes
of the Tax Reform Act of 1986. It is also determined that the Bonds are not
arbitrage bonds and are not private activity bonds.
-12-
14. The Ci ty has agreed to furnish to the purchaser the approving
legal opinion of Messrs. Wurst, Pearson, Larson, Underwood, and Mertz, of
Minneapolis, Minnesota, and such opinion is hereby requested. The City
Administrator-Clerk shall obtain a copy of said approving legal opinion,
which shall be complete except as to dating thereof, and shall cause said
opinion to be printed on each Bond, together with a certificate to be signed
by the facsimile signature of the Clerk in substantially the following
form:
I hereby certify that the foregoing is a
full, true and correct copy of the legal opinion
executed by the above named attorneys, except as
to the dating thereof, which opinion has been
handed to me for filing in my office pr ior to the
time of bond delivery.
.
City Administrator-Clerk
City of Shorewood
At the time of delivery, the Clerk shall prepare a similar separate
certificate, and the Clerk is hereby authorized and directed to execute
such certificate in the name of the City upon receipt of such opinion and to
file the opinion in the City offices.
15. The Bonds shall be payable from the General Obligation
Improvement Bonds, Series 1993A Fund hereby created, and special
assessments to be levied for the improvements (the 1987 and 1993
Improvements) financed by the Bonds are hereby pledged to said fund. If
any payment of principal or interest on the Bonds shall become due when
there is not sufficient money in said fund to pay the same, the Ci ty shall
pay such principal or interest from the general fund of the City and such
fund may be reimbursed for such advances out of proceeds of assessments for
the Improvements when collected.
.
16. It is hereby determined that the estimated collection of
special assessments and other available funds will produce at least five
percent in excess of the amount needed to meet, when due, the pr incipal and
interest payments on the Bonds. The City Administrator-Clerk is directed
to file a certified copy of this resolution with the County Auditor of
Hennepin County and obtain the certificate required by Minnesota Statutes,
Section 475.63. The full faith and credit of the City is irrevocably
pledged for the prompt and full payment of the principal and interest on the
Bonds.
l7. The off icers of the Ci ty are hereby author i zed and di rected to
prepare and furnish to the purchaser of the Bonds and to the attorneys
approving the same, certif ied copies of proceedings and records of the Ci ty
relating to the Bonds and to the financial condition and affairs of the
City, and such other certificates, affidavits and transcripts as may be
required to show the facts wi thin their knowledge or as shown by the books
and records in their custody and under their control, relating to the
validi ty and marketabili ty of the Bonds and such instruments, including any
heretofore furnished, shall be deemed representations of the Ci ty as to the
facts stated therein.
-13-
18. The Hayor and City ?dministrator-Clerk are hereby authorized
and directed to certify that they have examined the official statement or
prospectus prepared and circulated in connection wi th the issuance and sale
of the Bonds and that to the best of their knowledge and belief said
statement is a complete and accurate representation of the facts and
representa tions made the re in as of the date of said off ici al s ta temen tor
prospectus as it relates to the City.
The motion for the adoption of the foregoing resolution was duly
seconded by Councilmember ______________________, and upon vote being
taken thereon, the following voted in favor thereof:
and the following voted against:
.
whereupon said resolution was declared duly passed and adopted.
Approved this ______ day of November, 1993.
Mayor
Attest:
City Adrnlnistrator-Clerk---------
.
-14-
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
I, the undersigned, being the duly qualified and acting City
Administrator-Clerk of the City of Shorewood, Minnesota, do hereby certify
that I have carefully compared the attached and foregoing extract of
minutes of a meeting of the City Council of said City held on November 8,
1993, with the original thereof on file in my office and the same is a full,
. true and complete transcript thereof, insofar as the same relates to the
issuance and sale of $325,000 General Obligation Improvement Bonds, Series
1993A of the City.
WITNESS My hand as such Clerk and the corporate seal of the City
this _______ day of ____________, 1993.
.
City Administrator-Clerk
City of Shorewood
(SEAL)
-15-
STATE OF MINNESOTA
COUNTY AUDITOR'S CERTIFICATE AS
TO REGISTRATION WHERE NO AD
VAI.OREH TAX LEvY
COUNTY OF HENNEPIN
I, the undersigned County Auditor of Hennepin County, Minnesota,
hereby certify that a certified copy of a resolution adopted by the City
Council of the Ci ty of Shorewood, Minnesota, on :November 8, 1993, relating
to General Obligation Improvement Bonds, Series 1993A: in the amount of
$325,000, dated December I, 1993, has been filed in my office and said
~ obligations have been registered on the register of obligations in my
office.
WITNESS My hand and official seal this
day of ________,
1993.
County Auditor
Hennepin County, Minnesota
~
By _______________________
Deputy
( SEAL)
.
.
.
NOTICE OF REDEMPTION
$875,000 General Obligation Improvement Refunding Bonds, Series 1987A
Dated April 1, 1987
City of Shorewood
Hennepin County, Minnesota
Notice is hereby given that the bonds of the above issue which mature on
February 1 in the years 1995 through 2001, and bear CUSIP numbers
through ______, are called for redemption and prepayment on February 1,
1994. The bonds will be redeemed at a price of 100% of their principal
amount plus accrued interest to the date of redemption. Holders of such
bonds should present them for payment to American National Bank and Trust
Company f in St. Paul, Minnesota, on or before said date when they will cease
to bear interest.
Dated _____________, 1993.
BY ORDER OF THE CITY COUNCIL
City Administrator-Clerk
City of Shorewood, Minnesota
OFFICIAL STATEMENT DATED OCTOBER 25,1993
NEW ISSUE
Rating: Requested from Moody's
Investors Service
In the opinion of Wurst, Pearson, Larson, Underwood and Mertz, Bond Counsel, the interest to be paid on said Bonds
is not includable in the gross income of the recipient for United States or State of Minnesota income tax purposes
(other than Minnesota corporate and bank excise taxes measured by net income) according to present federal and
Minnesota laws, regulations, rulings and decisions. (See "Tax Exemption" herein for a discussion of federal tax
legislation.)
$325,000*
City of Shorewood, Minnesota
General Obligation Improvement Bonds, Series 1993A
Dated Date: December 1, 1993
The Bonds will mature February 1 as follows:
Interest Due: Each February 1 and August 1,
commencing August 1, 1994
1 999 $40,000
2000 $35,000
2001 $30,000
2002 $20,000
2003 $20,000
2004 $20,000
*
1995 $40,000
1996 $40,000
1997 $40,000
1998 $40,000
The City reserves the right, after proposals are opened and prior to award, to increase or reduce
the principal of the Bonds offered for sale. Any such increase or reduction will l)e in a total
amount not to exceed $15,000 and will be made in multiples of $5,000 in any of the maturities. In
the event the principal amount of the Bonds is increased or reduced, any premium offered or any
discount taken will be increased or reduced by a percentage equal to the percentage by which
the principal amount of the Bonds is increased or reduced.
The City may elect on February 1, 2001, and on any day thereafter, to prepay Bonds due on or after
February 1, 2002 at a price of par plus accrued interest.
The Bonds will be general obligations of the City for which the City pledges its full faith and credit and
power to levy direct general ad valorem taxes. In addition, the City pledges special assessments against
benefited property. The proceeds will be used to finance improvements within the City and to refund the
1995 through 2001 maturities of the City's $875,000 General Obligation Improvement Bonds, Series
1 987 A.
Proposals must be for not less than $321,750 and accrued interest on the total principal amount of the
Bonds and must be accompanied by a good faith deposit in the form of a certified or cashier's check or
a Financial Surety Bond in the amount of $3,250, payable to the order of the City. Proposals shall
specify rates in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Award of the
Bonds shall be on the basis of True Interest Cost (TIC).
The Bonds will be bank-qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended, and will not be subject to the alternative minimum tax for
individuals.
The Bonds will be issued in integral multiples of $5,000, as requested by the Purchaser, and will be fully
registered as to principal and interest. The Bonds will be delivered without cost to the Purchaser within
40 days following the date of their award. The City will name the Registrar and pay for registration
services.
BID OPENING: November 8,1993 (Monday) at 12:30 P.M., Central Time
AWARD: November 8,1993 (Monday) at 7:00 P.M., Central Time
~
SPRINGSTED
Further information may be obtained from
SPRINGSTED Incorporated, Financial Advisor to
the Issuer, 85 East Seventh Place, Suite 100, Saint
Paul, Minnesota 551 01 (612) 223-3000.
PUBLIC FINANCE ADVISORS
For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission,
this document, as the same may be supplemented or corrected by the Issuer from time to time
(collectively, the "Official Statement"), may be treated as an Official Statement with respect to
the Obligations described herein that is deemed final as of the date hereof (or of any such
supplement or correction) by the Issuer, except for the omission of certain information referred
to in the succeeding paragraph.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Obligations, together with any other
information required by law, shall constitute a "Final Official Statement" of the Issuer with
respect to the Obligations, as that term is defined in Rule 15c2-12. Any such addendum shall,
on and after the date thereof, be fully incorporated herein and made a part hereof by reference.
By awarding the Obligations to any underwriter or underwriting syndicate submitting a Proposal
therefor, the Issuer agrees that, no more than seven business days after the date of such
award, it shall provide without cost to the senior managing underwriter of the syndicate to
which the Obligations are awarded copies of the Official Statement and the addendum or
addenda described in the preceding paragraph in the amount specified in the Terms of
Proposal.
The Issuer designates the senior managing underwriter of the syndicate to which the
Obligations are awarded as its agent for purposes of distributing copies of the Final Official
Statement -to each Participating Underwriter. Any underwriter delivering a Proposal with
respect to the Obligations agrees thereby that if its bid is accepted by the Issuer (i) it shall
accept such designation and (ii) it shall enter into a contractual relationship with all
Participating Underwriters of the Obligations for purposes of assuring the receipt by each such
Participating Underwriter of the Final Official Statement.
No dealer, broker, salesman or other person has been authorized by the Issuer to give any
information or to make any representations with respect to the Obligations other than as
contained in the Official Statement or the Final Official Statement, and, if, given or made, such
other information or representations must not be relied upon as having been authorized by the
Issuer. Certain information contained in the Official Statement and the Final Official Statement
may have been obtained from sources other than records of the Issuer and, while believed to
be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND
EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL
STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE OFFICIAL
STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER
SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE
IN THE AFFAIRS OF THE ISSUER SINCE THE DATE THEREOF.
References herein to laws, rules, regulations, resolutions, agreements, reports and other
documents - do not purport to be comprehensive or definitive. All references to such
documents are qualified in their entirety by reference to the particular document, the full text of
which may contain qualifications of and exceptions to statements made herein. Where full texts
have not been included as appendices to the Official Statement or the Final Official Statement,
they will be furnished on request.
TABLE OF CONTENTS
Terms of Proposal... ......... ................ .... .............. ............. .... .......... ... ... ...... ......... .... ............... .....
Schedule of Bond Years ........"..................................................................................................
Introductory Statement..........."............".........................."..................................................."......
Authority and Purpose ................"........"............."....................................................."................
Security and Financing ......... .............. ..... ..... .... ................ .................... ..... ........ ............ ...........
Future Financing ....................."..................................................................................."..............
Litigation ........................................................................."....................................................... ....
Rati n g ....................................................."................".........."............."..........................................
Legality ............"..........""....."."............................................................................................. .........
Tax Exem ption .............................................."'............................................"'.............................
Bank-Qualified Tax-Exempt Bonds ...................... ..... ....................................................... ........
Financial Advisor ......... .............. ........................... ................ ..................."'."..............................
Certification ...................................................."...........................................................................
City Property Values ........ .......... .......... ..... ............. ....... ................ .......... .......... ........ .................
City Indebtedness ...................... ........................................."......................................................
City Tax Rates, Levies and Collections ...................................................................................
Funds on Hand ................ ............. ........................................................."...................................
General Information Concerning the City ................................................................................
Governmental Organization and Services............................ .......... ......... ............ ....... ...... .......
Proposed Form of Legal Opinion ...................................................................................
Summary of Tax Levies, Payment Provisions, and
Minnesota Real Property Valuation ... ......... .................... ............................................
Annual Financial Statements ......................... ................. .................................. ..............
Paqe(s)
i-iii
iv
1
1-2
2
2
2
2-3
3
3-4
4
4
4
5-6
6-8
8
9
9-10
1 0-11
Appendix I
Appendix II
Appendix III
Proposal Forms ...............................................................................................................
Inserted
1995 $40,000
1996 $40,000
1997 $40,000
1998 $40,000
1999 $40,000
2000 $35,000
2001 $30,000
2002 $20,000
2003 $20,000
2004 $20,000
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE
ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$325,000*
CITY OF SHOREWOOD, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993A
Proposals for the Bonds will be received on Monday, November 8, 1993, until 12:30 P.M.,
Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint
Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award
of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day.
DETAILS OF THE BONDS
The Bonds will be dated December 1, 1993, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing August 1, 1994. Interest will
be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be
issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the
purchaser, and fully registered as to principal and interest. Principal will be payable at the main
corporate office of the registrar and interest on each Bond will be payable by check or draft of
the registrar mailed to the registered holder thereof at the holder's address as it appears on the
books of the registrar as of the close of business on the 15th day of the immediately preceding
month.
The Bonds will mature February 1 in the years and amounts as follows:
*
The City reserves the right, after proposals are opened and prior to award, to increase or reduce the
principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total
amount not to exceed $15,000 and will be made in multiples of $5,000 in any of the maturities. In the
event the principal amount of the Bonds is increased or reduced, any premium offered or any
discount taken will be increased or reduced by a percentage equal to the percentage by which the
principal amount of the Bonds is increased or reduced.
OPTIONAL REDEMPTION
The City may elect on February 1,2001, and on any day thereafter, to prepay Bonds due on or
after February 1, 2002. Redemption may be in whole or in part and if in part, at the option of
the City and in such order as the City shall determine and within a maturity by lot as selected
by the registrar. All prepayments shall be at a price of par plus accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge
special assessments against benefited property. The proceeds will be used to finance
- I -
improvements within the City and to refund the 1995 through 2001 maturities of the City's
$875,000 General Obligation Improvement Refunding Bonds, Series 1987A, dated April 1 , 1987.
TYPE OF PROPOSALS
Proposals shall be for not less than $321,750 and accrued interest on the total principal
amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in
the form of a certified or cashier's check or a Financial Surety Bond in the amount of $3,250,
payable to the order of the City. If a check is used, it must accompany each proposal. If a
Financial Surety Bond is used, it must be from an insurance company licensed to issue such a
bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to
Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond
must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If
the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is
required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's
check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M.,
Central Time, on the next business day following the award. If such Deposit is not received by
that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit
requirement. The City will deposit the check of the purchaser, the amount of which will be
deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser
fails to comply with the accepted proposal, said amount will be retained by the City. No
proposal can be withdrawn or amended after the time set for receiving proposals unless the
meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to
another date without award of the Bonds having been made. Rates shall be in integral
multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same
maturity shall bear a single rate from the date of the Bonds to the date of maturity. No
conditional proposals will be accepted.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true
interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in
accordance with customary practice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of
matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals
without cause, and, (iii) reject any proposal which the City determines to have failed to comply
with the terms herein.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept de!livery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
- ii -
/s/ James C. Hurm
Administrator-Clerk
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be
subject to receipt by the purchaser of an approving legal opinion of Wurst, Pearson, Larson,
Underwood and Mertz of Minneapolis, Minnesota, which opinion will be printed on the Bonds,
and of customary closing papers, including a no-litigation certificate. On the date of settlement
payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at
the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as
compliance with the terms of payment for the Bonds shall have been made impossible by
action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by
the City by reason of the purchaser's non-compliance with said terms for payment.
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds, and said Official Statement will serve as a nearly-final Official
Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.
For copies of the Official Statement or for any additional information prior to sale, any
prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated,
85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a "Final Official Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no
more than seven business days after the date of such award, it shall provide without cost to the
senior managing underwriter of the syndicate to which the Bonds are awarded 25 copies of the
Official Statement and the addendum or addenda described above. The City designates the
senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for
purposes of distributing copies of the Final Official Statement to each Participating Underwriter.
Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its
proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a
contractual relationship with all Participating Underwriters of the Bonds for purposes of
assuring the receipt by each such Participating Underwriter of the Final Official Statement.
Dated October 11, 1 993
BY ORDER OF THE CITY COUNCIL
- iii -
SCHEDULE OF BOND YEARS
$325,000
CITY OF SHOREWOOD, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993A
Cumulative
Year Principal Bond Years Bond Years
1995 $40,000 46.6667 46.6667
1996 $40,000 86.6667 133.3334
1997 $40,000 126.6667 260.0001
1998 $40,000 166.6667 426.6668
1999 $40,000 206.6667 633.3335
2000 $35,000 215.8333 849 . 1 668
2001 $30,000 215.0000 1 , Q{,4 . 1668
2002 $20,000 c 163.3333 1,227.5001
2003 $20,000 c 183.3333 1,410.8334
2004 $20,000 c 203.3333 1 ,614.1667
Average Maturity: 4.97 Years
Bonds Dated: December 1, 1993
Interest Due: August 1, 1994 and each February 1 and August 1 to maturity.
Principal Due: February 1, 1995-2004 inclusive.
Optional Call: Bonds maturing on or after February 1, 2002 are callable
commencing February 1, 2001 and any date thereafter at par.
(See Terms of Proposal.)
c: subject to optional call
- IV -
OFFICIAL STATEMENT
$325,000*
CITY OF SHOREWOOD, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993A
Introductory Statement
This Official Statement provides certain information with respect to the issuance of $325,000
General Obligation Improvement Bonds, Series 1993A (the "Bonds" or the "Issue") by the City of
Shorewood, Minnesota (the "City"). The Bonds a.re general obligations of the City for which
the City pledges its full faith and credit and power to levy direct general ad valorem taxes
without limit as to rate or amount.
Additional financial or bond information may be obtained from Mr. Alan J. Rolek, Finance
Director;Treasurer, City of Shorewood, 5755 Country Club Road, Shorewood, Minnesota
55331, or by telephoning (612) 474-3236. Information can also be obtained from Springsted
Incorporated, 85 East Seventh Place, Suite 100, St. Paul, Minnesota 55101-2143 or by
telephoning (612) 223-3000. If information of a specific legal matter is desired, requests may
be directed to Mr. Curtis A. Pearson, Wurst, Pearson, Larsen, Underwood and Mertz of
Minneapolis, Minnesota, Bond Counsel, (612) 338-4200.
Authority and Purpose
The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds
of the Bonds will be used to finance one improvement project within the City and to refund the
1995 through 2001 maturities of the City's $1375,000 General Obligation Improvement
Refunding Bonds, Series 1987A, dated April 1 , 1987' (the "Series 1987A Bonds").
The refunding of the 1987A Bonds will be conducted as a current refundin~~, since the
redemption date (February 1, 1994) is within 90 days of issuance of the Bonds. Therefore, an
escrow account will not be established. A portion of the proceeds of the Bonds, plus
approximately $333,228 of City funds, will be sufficient to redeem the 1987A Bonds on
February 1, 1994 at a price of par. The February 1, 1994 principal and interest payment on the
1987A Bonds will be paid by the City as originally scheduled. Proceeds of the 1987A Bonds
were used to advance refund the City's General Obligation Improvement Bonds, Series 1984A,
dated December 1, 1984 (the "1984A Bonds").
*
The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal of
the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $15,000 and
will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds IS
increased or reduced, any premium offered or any discount will be increased or reduced by a percentage equal
to the percentage by which the principal amount of the Bonds is increased or reduced.
- 1 -
Total Net Costs to be Financed
Plus: Costs of Issuance
Allowance for Discount Bidding
Total Bond Issue
$325,000
The composition of the Issue is as follows:
Improvement Project Costs*
Less: MNDOT Funds
City Cash Contribution
$ 293,000
(40,000)
(36,400)
Net Improvement Project Costs
Bonds to be Refunded
Less: City Cash Contribution
$216,600
$ 420,000
(333,228)
Net Refunding Costs
$ 86,772
$303,372
18,378
3,250
*
Includes construction, engineering, contingency and administration.
Security and Financing
In addition to its general obligation pledge, the City also pledges special assessments against
benefited property. Special assessments on the new improvement project are expected to be
filed on or before November 1, 1993 for first collection in 1994 in the estimated principal
amount of $230,000. The assessments on the new improvement project will be spread over a
term of ten years with equal annual installments of principal and interest charged on the unpaid
balance at a rate of approximately 1.75% over the net interest rate on the Bonds. In addition,
special assessments originally filed in conjunction with the 1984A Bonds for a term of 15 years
and currently pledged to the payment of the Series 1986A Bonds will now be transferred to this
Issue. Special assessment income is expected to be sufficient to pay 100% of the debt service
requirements on the Bonds and a general ad valorem tax levy is not anticipated.
Each August 1 interest payment will be made from first-half collections of special assessments
levied the prior year, with the subsequent February 1 principal and interest payment to be
made from second-half collections of special assessments, together with surplus first-half
collections.
Future Financing
The City has no additional borrowing plans for the next 90 days.
Litigation
The City is not aware of any threatened or pending litigation affecting the validity of the Bonds
or the City's ability to meet its financial obligations.
Rating
An application for a rating of the Bonds have been made to Moody's Investors Service
("Moody's"), 99 Church Street, New York, New York. If a rating is assigned, it will reflect only
- 2 -
the opinion of Moody's. Any explanation of the significance of the rating may be obtained only
from Moody's.
There is no assurance that a rating, if assigned, will continue for any given period of time, or
that such rating will not be revised or withdrawn, if in the judgment of Moody's, cIrcumstances
so warrant. A revision or withdrawal of the rating may have an adverse effect on the market
price of the Bonds.
Legality
The Bonds are subject to approval as to certain matters by Wurst, Pearson, Larson,
Underwood & Mertz, Professional Association of Minneapolis, Minnesota as Bond Counsel.
Bond Counsel has not participated in the preparation of this Official Statement except for
guidance concerning the following section, "Tax Exemption," and will not pass upon its
accuracy, completeness, or sufficiency. Bond Counsel has not examined nor attempted to
examine or verify, any of the financial or statistical statements, or data contained in this Official
Statement, and will express no opinion with respect thereto. A legal opinion in substantially the
form set out in Appendix I herein will be delivered at closing.
Tax Exemption
In the opinion of Bond Counsel, interest on the Bonds is not includable in the "gross income" of
the owners thereof for purposes of federal and State of Minnesota income taxation (except
State of Minnesota excise taxes that are imposed upon corporations and banks and measured
by income).
Noncompliance following the issuance of the Bonds with certain requirements of the Internal
Revenue Code of 1986 (the "Code"), as amended, and covenants of the bond resolution may
result in the inclusion of interest on the Bonds in the federal and Minnesota "gross income" of
the owners thereof. No provision has been made for redemption of the Bonds, or for an
increase in the interest rate on the Bonds, in the event that interest on the Bonds becomes
subject to United States or State of Minnesota income taxation.
The Code imposes an alternative minimum tax with respect to individuals and corporations on
alternative minimum taxable income. Interest on the Bonds will not be treated as a preference
item in calculating alternative minimum taxable income. The Code provides, however, that for
taxable years beginning in 1987, 1988 and 1989, a portion of the net income of a corporation
reported on its financial statement and not otherwise included in the minimum tax base would
be included for purposes of calculating the alternative minimum tax that may be imposed with
respect to corporations. For taxable years beginning after 1989, the use of financial statement
income will be replaced by the use of adjusted current earnings. Financial statement income
and adjusted current earnings include income received that is otherwise exempt from taxation
such as interest on the Bonds.
The Code imposes an environmental tax with respect to corporations on the excess of a
corporation's modified alternative minimum taxable income over $2,000,,000. The
environmental tax applies with respect to taxable years beginning after December 31, 1986 and
before January 1 , 1996.
The Code provides that in the case of an insurance company subject to the tax imposed by
Section 831 of the Code, for taxable years beginning after December 31, 1986 the amount
which otherwise would be taken into account as "losses incurred" under Section 832(b)(5) shall
be reduced by an amount equal to 15% of the interest on the Bonds that is received or accrued
during the taxable year.
- 3 -
- 4 -
Interest on the Bonds may be included in the income of a foreign corporation for purposes of
the branch profits tax imposed by Section 884 of the Code.
Bank-Qualified Tax-Exempt Bonds
Prior to the adoption of the Tax Reform Act of 1986 (the "Act"), financial institutions were
generally permitted to deduct 80% of their interest expense allocable to tax-exempt bonds.
Under the Act, however, financial institutions are generally not entitled to such a deduction for
tax-exempt bonds purchased after August 7, 1986. However, the City has designated the
Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Code which
would permit financial institutions to deduct interest expenses allocable to the Bonds to the
extent permitted under prior law.
Financial Advisor
The City has retained Springsted Incorporated, Public Finance Advisors, of St. Paul, Minnesota,
as financial advisor (the "Financial Advisor") in connection with the issuance of the Bonds. In
preparing the Official Statement, the Financial Advisor has relied upon governmental officials,
and other sources, who have access to relevant data to provide accurate information for the
Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to
independently verify the accuracy of such information. The Financial Advisor is not a public
accounting firm and has not been engaged by the City to compile, review, examine or audit any
information in the Official Statement in accordance with accounting standards. The Financial
Advisor is an independent advisory firm and is not engaged in the business of underwriting,
trading or distributing municipal securities or other public securities and therefore will not
participate in the underwriting of the Bonds.
Certification
The City has authorized the distribution of this Official Statement for use in connection with the
initial sale of the Bonds.
As of the date of the settlement of this Issue, the Purchaser will be furnished with a certificate
signed by the appropriate officers of the City. The certificate will state that as of the date of the
Official Statement, it did not and does not as of the date of the certificate contain any untrue
statement of material fact or omit to state a material fact necessary in order to make the
statements made therein, in light of the circumstances under which they were made, not
misleading.
CITY PROPERTY VALUES
1992 Indicated Market Value of Taxable Property: $447,569,410*
*
Calculated by dividing the county assessor's estimated market value of $402,364,900 by the 1992
sales ratio of 89.9% for the City as determined by the State Department of Revenue.
1992 Taxable Net Tax Capacity: $7,261,312
1992 Net Tax Capacity
Less: Contribution to Fiscal Disparities
Plus: Distribution from Fiscal Disparities
$7,09~~,917
(221',686)
396,081
1992 Taxable Net Tax Capacity
$7,261,312
1992 Taxable Net Tax Capacity By Class of Property
Residential Homestead $6,320,843 8'7.0%
Commercial/Industrial, Public
Utility and Personal Property* 801,479 11.0
Residential Non-Homestead 27,257 0.4
Miscellaneous Classes 111 .733. 1.6
Total $7,261,312 100.0%
* Reflects adjustments for fiscal disparities.
Trend of Values
Assessor's
Indicated Estimated Taxable Tax
Market Value(a) Market Value Capacitv.(b)
1992 $447,569,410 $402,364,900 $7,261,312
1991 423,761,794 382,656,900 7,859,115
1990 415,793,537 353,840,300 8,070,339
1989 372,463,744 314,359,400 7,197,406
1988 323,589,576 266,961,400 7,833,998
(a) Calculated by dividing the county assessor's estimated market value by the sales ratio (ie/ermined for
the City each year by the State Department of Revenue.
(b) For an explanation of tax capacity and the Minnesota property tax system, see Appendix iI.
- 5 -
Ten of the Largest Taxpayers
Taxpayer
Northern States Power Company
Ryan Construction Company
Minnetonka Country Club
Minnegasco
Two S Properties
Individual
MFT Inc.
Burger King
Finaserve Inc.
Individual
Total
*
Type of Property
1 992 Net
Tax Capacity
Utility
Shorewood Shopping Center
Country Club
Utility
Commercial
Yacht Club
Single Family Home
Restaurant
Gas and Convenience Store
Residence
$127,840
89,300
70,727
55,709
42,601
29,226
24,186
23,1 57
22,801
22,764
$508,311 *
Represents 7.0% of the City's total 1992 taxable net tax capacity.
Legal Debt Limit (2% of Estimated Market Value)
Less: Outstanding Debt Subject to Limit
Debt Margin as of September 2, 1992
Legal Debt Limit
General Obligation Debt
Date
of Issue
Original
Amount
Purpose
1-1-74
9-1 -80
4-1-87
1 0-1-89
11-1-91
12-1 -93
$1 ,250,000
140,000
875,000
1,095,000
960,000
325,000
Sewer Improvements
Water Revenue
Refunding
Local Improvements
Local Improvements
Local Improvements (this Issue)
1 - 1 -1 994
9-1 -1 996
2-1 -2001
2-1-2003
2-1 -2002
2-1 -2004
$
Subtotal
Less: Refunded Bonds
Debt Service Funds(b)
CITY INDEBTEDNESS
$8,047,298
-0-
$8,047,298
Final
Maturity
Principal
Outstanding
As of 9-2-93
30,000
45,000
485,000(a)
785,000
880,000
325,000
$ 2,550,000
(420,000)
(1.412,348)
Total Net Debt
$ 717,652
(a) The 1995 through 2001 maturities are being refunded by this Issue.
(b) Debt service funds are as of August 31, 1993 and include money to pay both principal and interest.
Debt service funds, totaling $333,228, which are being contributed toward the refunding of the 1987A
Bonds are excluded here.
- 6 -
Revenue Debt
Date
of Issue
Original
Amount
5-30-91
$920,000
Purpose
Tax Increment Revenue
Annual Debt Service Payments Including This Issue
and Excluding the Refunded Bonds
Year
1 993 (at 9-2)
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
Total
G.O. Debt
Principal
Principal & Interest(a)
(Paid)
$ 300,000
240,000
235,000
215,000
215,000
215,000
205,000
200,000
190,000
95,000
20,000
$2,130,000(b)
(Paid)
$ 419,461.25
335,595.00
317,717.50
284,922.50
273,327.50
261,490.00
239,773.75
223,288.75
201,966.25
98,562.50
20,375.00
$2,676,480.00
(a) Includes this Issue at an assumed annual interest rate of 3. 75%.
(b) 99.1% of this debt will be retired within ten years.
Indirect Debt
Taxinq Unit(a)
Hennepin County
ISO 276 (Minnetonka)
Metropolitan Council
Regional Transit
District
Hennepin Parks
Total
1992 Taxable
Net Tax Capacity
G.O. Debt
As of 9-2-93(b)
Final
Maturity
2-1-2000
Principal
Outstanding
As of 9-2-93
$920,000
Revenue Debt
Principal
Principal !J!, Interest
$920,000
$920,000
(Paid)
$ 82,800.00
82,800.00
82,800.00
82,800.00
82,800.00
82,800.00
961,400.00
$11,458,200.00
Debt Applicable to
Tax Capacity in City
Percent Amount
0.8%
18.7
0.4
0.4
1 .1
$ 783,560
4,461,799
163,360
177,600
138,875
$5,725,1 94
(a) Only those taxing units which have outstanding general obligation debt are presented here.
(b) Does not include general obligation tax or aid anticipation certificates or revenue-supported debt.
(e) Metropolitan Council also has outstanding $519,060,000 of general obligation sanitary sewer bonds
and loans which are supported by system revenues.
$ 951,895,305
37,450,946
1 ,862,579,652
1,701,455,732
653,769,617
$97,945,000
23,859,886
40,840,000(e)
44,400,000
12,625,000
- 7 -
1992/93
1991/92
1990/91
1989/90
1988/89
$1 ,924,002*
1 ,864,631
1,857,018
1,684,663
1 ,300,955
$1,819,239
1,799,104
1,635,344
1,251,859
(In Process of Collection)
97.6% $1,847,603
96.9 1,848,598
97.1 1,679,503
96.2 1,300,019
99.1%
99.5
99.7
99.9
Debt Ratios
G.O. Net
Direct Debt*
G.O. Indirect &
Net Direct Debt
To 1992 Indicated Market Value
Per Capita (6,322 - 1993 Metropolitan Council Estimate)
0.16%
$114
1 .44%
$1,019
*
Excludes revenue debt.
CITY TAX RATES, LEVIES AND COLLECTIONS
Tax Capacity Rates
1 992/93
For
1 988/89 1989/90 1990/91 1991 /92 Total Debt Onlv
Hennepin County 27.101% 27.916% 30.114% 34.327% 35.839% 2.294%
City of Shorewood 16.509 20.299 20.454 20.1 64 20.797 0.159
ISD 276 (Minnetonka) 58.062 52.555 55.355 64.017 74.180 3.603
Hennepin Technical
College 1.233 1.103 1.046 0.513 1.095
Special Districts * 5.822 5.557 7.304 5.996 6.042 0.794
Total 108.727% 1 07.430% 114.273% 125.017% 139.953% 6.850%
*
Special districts include Metropolitan Mosquito Control, Metropolitan Council, Regional Transit
District, Hennepin County Park Museum, and Hennepin County Railroad Authority and the Minnehaha
Watershed District.
NOTE: For taxes payable in 1989, taxes were determined by multiplying the gross tax capacity by the
tax capacity rate, expressed as a percentage. This replaced the use of assessed value
multiplied by mill rates. Beginning with property taxes payable in 1990, net tax capacity has
replaced gross tax capacity as the basis on which taxes are levied (see Appendix II).
Tax Collections for the City
Levy/Collect
Amount
of Levy
Collected During
Collection Year
Amount Percent
Collected
As of 5-30-93
Amount Percent
*
The 1992/93 gross tax levy includes $415,524 of Homestead and Agricultural Credit Aid ("HACA").
The net levy of $1,508,478, after subtracting HACA, is the basis for computing the 1992/93 tax
capacity rates.
- 8 -
FUNDS ON HAND
As of August 31, 1993
Fund
Cash and Investments
General
Capital Projects
Special Assessment Debt Service
Enterprise
Total
$1 ,485,189
602,1 00
1,745,576*
1 ,023,681
$4,856,546
*
Includes $333,228 which is being contributed toward the refunding of the 1987 A Bonds.
GENERAL INFORMATION CONCERNING THE CITY
The City of Shorewood is a suburban Twin Cities community located in Hennepin County on
the south shore of Lake Minnetonka incorporating 3,600 acres. The City's 1990 U.S. Census
was 5,917, a 27.4% increase over the City's 1980 U.S. Census count of 4,646. The
Metropolitan Council estimates the City's current population to be approximately 6,322, a 6.8%
increase over the City's 1990 U.S. Census count.
State Highway 7 runs east and west through the City and connects with the extensive freeway
system in the Minneapolis-Saint Paul metropolitan area.
The City is primarily a residential community with limited commercial establishments located
along State Highway 7. The majority of residents commute to jobs throughout the metropolitan
area. Two of the larger employers in Shorewood are Northern States Power Company with
approximately 90 full-time employees and the Minnetonka Country Club employing
approximately 50 full and part-time persons. Building permit values for the past few years have
averaged nearly $200,000 per single family home.
There are approximately 1,967 single-family homes in the City. Homes in the City range from
moderately priced to expensive (especially those located on Lake Minnetonka and Christmas
Lake). It is estimated that approximately 74% of the houses in the City have a market value
greater than $100,000. The price of lake front property around the two lakes is currently $1,000
to $2,000 per front foot.
Residential subdivisions constructed or approved in the past five years are:
Number and
Type of Dwellinq
8 Single-Family
4 Single-Family
7 Single-Family
4 Single-Family
9 Single-Family
6 Two-Family
11 Single-Family
13 Single-Family
6 Single-Family
5 Single-Family
27 Two-Family
4 Single-Family
4 Single-Family
4 Single-Family
Year
Subdivision
Status
1988
1988
1988
1989
1990
1991
Strawberry Fields
Hendrickson Acres
Lawtonka
Dutcher Addition
Fox Run West
Gideons Cove
Shorewood Suburban Estates
Boulder Ridge Estates
Spruce Hill
Deer Ridge
Waterford Fourth Addition
Bateson Wilson Addition
Christmas Lake Ridge
James Hill
5 Complete
ComplE:lted
Under Revision
3 Completed
4 Completed
6 Completed
11 Completed
2 Completed
Under Construction
Under Construction
2 Completed
Under Construction
Under Construction
Under Cosntruction
1992
1993
- 9 -
Hennepin County
Minneapolis-St. Paul MSA
State of Minnesota
629,690
1,477,041
2,513,988
4.2%
4.0
4.3
618,804
1,453,289
2,476,438
3.9%
3.8
4.1
Building Permits
Total Permits
Number Value
New Sinqle Familv Homes
Number Value
1993 (at 8-31)
1992
1991
1990
1989
1988
1987
1986
1985
1984
224
298
277
305
581
341
235
341
237
185
$12,244,643
15,525,941
15,710,361
18,986,195
19,727,927
31,275,892
24,687,663
18,321,377
8,837,770
4,948,666
56
55
69
82
89
157
163
80
35
16
$ 9,555,270
10,899,687
14,044,120
16,252,990
16,799,836
29,040,667
23,397,136
15,776,286
6,529,612
2,975,396
Labor Force Data
Julv. 1993
Civilian Unemployment
Labor ForceRateLabor Force
JuIV. 1992
Civilian Unemployment
Rate
Source: Minnesota Department of Jobs and Training. 1993 data is preliminary.
Financial Facilities
Financial institutions available to City residents are located in the nearby communities of
Minnetonka and Excelsior.
Education
The majority of the City is within the Minnetonka School District (Independent School District
276) which operates one elementary school in the City. District 276 has a 1993/94 enrollment
of 6,660. A portion of the City also lies within the Westonka School District (Independent
School District 277), which had a 1993/94 enrollment of 2,411.
GOVERNMENTAL ORGANIZATION AND SERVICES
Organization
Shorewood was organized as a village in 1956 and became a statutory city in 1974. The City
operates under a Mayor-Council form of government. The City Council consists of four
members elected at large to four-year terms. The Mayor is elected to a two-year term. The
incumbent Mayor and Council members are:
- 10-
Barbara J. Brancel
Bruce E. Benson
Robert B. Daugherty
Daniel R. Lewis
Kristi Stover
Mayor
Council Member
Council Member
Council Member
Council Member
Expiration of Term
December 31, 1994
December 31, 1996
December 31, 1994
December 31, 1994
December 31, 1996
The City Administrator/Clerk, Mr. James C. Hurm, is the chief appointed staff member and is
responsible for overall City operations and Mr. Alan J. Rolek is the Finance Director/Treasurer.
The City has a total of 20 full-time employees and 15 part-time employees.
Municipal Services
The City owns and maintains sanitary sewer laterals throughout the developed portIons of the
City and there are approximately 2,400 connections to the system. Major sanitary sewer
interceptors and wastewater treatment facilities throughout the metropolitan area are owned
and operated by the Metropolitan Waste Control Commission ("MWCC"). MVVCC bills its
underlying units for service costs.
Municipal water service is currently supplied to approximately 778 users. ThE~ majority of
residences and businesses in the City are supplied by private well systems. The City's
municipal water system is supplied by six wells with a total pumping capacity of ~~,250 gallons
per minute. Average water demand is 299,600 gallons per day.
Shorewood has a joint powers agreement with the cities of Excelsior, Tonka Bay and
Greenwood to provide police protection. The agreement established a police protection
agency called the South Lake Minnetonka Public Safety Department. The Department has 13
full-time and 10 reserve officers. Fire protection is available under contract from the Excelsior
and Mound Volunteer Fire Departments.
Pensions
All full-time and certain part-time employees of the City of Shorewood are covered by defined
benefit pension plans administered by the Public Employees 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. Total contributions to PERA by the City during 1991 and 1992 were
$23,722 and $26,753, respectively.
Regional Government - Metropolitan Council
The Metropolitan Council is comprised of 17 members who are appointed by the ~lovernor with
the advice and consent of the State Senate. Sixteen members are appointed to four-year terms
from districts of equal population size within the Seven-County Metropolitan Area. The Council
Chair, the 17th member, represents the Region as a whole and serves at the pleasure of the
governor. The Council is accountable, in law, to the State Legislature.
The Council's primary mission, as described in the 1967 Council enabling act, is to undertake
those planning and coordinative actions that are necessary to insure the "orderly and
economic" development of the Twin Cities Area.
In addition, the Legislature has instructed the Council to assist local communities in their
planning and provide information to the public on matters pertaining to the Re!gion and its
development. The Council has 12 citizen advisory committees at present.
- 11 -
APPENDIX I
PROPOSED FORM OF LEGAL OPINION
LAW OFFICES
WURST. PEARSO N, LARSON, UNDERWOOD & MERTZ
A PARTNERSHIP INCLUOING PROFESSIONAL ASSOCIATIONS
ONE FINANCIAL PLAZA. SUITE 1100
120 SOUTH SIXTH STREET
A THOMAS WURST, PA
CURTIS A PEARSON, PA
,JAMES D LARSON, PA
THOMAS F. UNDERWOOD. PA
CRAIG M. MERTZ
ROGER,J FELLOWS
MINNEAPOLIS, MINNESOTA 55402-1803
TELEPHONE
(6\2) 338-4200
F"AX NUMBER
(612) 338 - 2625
$325,000 General Obligation Improvement Bonds, Series 1993A
City of Shorewood
Hennepin ~ounty, Minnesota
We hereby certify that as bond counsel, we have examined certif ied
copies of proceedings taken preliminary to and in the issuance by the Ci ty
of Shorewood, Hennepin County, Minnesota, of its Genera.l ObI iga tion
Improvement Bonds, Series 1993A (the "Bonds"), originally dated December
1,1993, in the total principal amount of Three Hundred Twenty Five Thousand
Do 11 a r s ($ 325 , 000) .
The Bonds mature on February 1 in the years and amounts as set forth
below, and Bonds maturing in such years and amounts bear interest from da-:2
of issue at the annual rate set forth opposite such years and amounts
respectively:
Year Amount Rate
1995 $40,000 %
1996 40,000 %
1997 40,000 %
1998 40,000 %
1999 40,000 %
Year Amount Rate
2000 $35,000 %
2001 30,000 %
2002 20,000 %
2003 20,000 %
2004 20,000 %
The Ci ty may elect on February 1, 2001, and on any day thereafter, to prepay
Bonds due on or after February 1, 2002, at a price of par plus accrued
interest.
Interest on the Bonds is payable August 1, 1994, and semiannua.lly
thereafter on February 1 and August 1 in each year, both principal and
interest payable at
in the City of
, Minnesota.
From our examination of such proceedings and_other documents,
assuming the genuineness of the signatures thereon and the accuracy of the
facts stated therein and continuing compliance by the City with the
Internal Revenue Code of 1986 (as amended), and based upon laws,
regulations, rulings and decisions in effect on the date hereof, it is our
opinion that:
1-1
WURST, PEARSON, LARSON, UNDERWOOD & MERTZ
1. The Bonds are in due form, have been duly executed and
delivered and are valid and binding general obligations of the City,
enforceable in accordance wi th thei r terms, except as such enforcement may
be limited by Minnesota or United States laws relating to bankruptcy,
reorganization, moratorium or creditor's rights.
2. The pr incipal of and interest on the Bonds are payable
primarily from special assessments against benefited property, but if
necessary for the payment thereof ad valorer.1 taxes are required by law to be
levied on all taxable property in the Ci ty, which taxes are not subject to
any limitation as to rate or amount.
3. The interest to be paid on the Bonds is not includable in gross
income of the recipient for Uni ted States or Minnesota income tax purposes,
but is subject to federal alternative minimum taxes and environmental
surtaxes on corporations and Minnesota taxes on banks and corporations
measured by income. The Bonds are not arbitrage bonds and are not private
activity bonds. The City has designated the Bonds as "qualified tax-
exempt obligations."
v-Je have relied upon such transcript and documents as to the matters
of fact stated therein, without independent verification. We have not
been asked and have not undertaken to review the accuracy, completeness or
sufficiency of the Official Statement or other offering material relating
to the Bonds, and accordingly we express no opinion with respect thereto.
1-2
APPENDIX"
SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND
MINNESOTA REAL PROPERTY VALUATION
Following is a summary of certain statutory provisions effective through 1992 relative to tax levy
procedures, tax payment and credit procedures, and the mechanics of real propl9rty valuation.
The summary does not purport to be inclusive of all such provisions or 0"1 the specific
provisions discussed, and is qualified by reference to the complete text of applicable statutes,
rules and regulations of the State of Minnesota in reference thereto. This summary reflects
changes to Minnesota property tax laws enacted by the State Legislature dUlring the 1992
Regular Session.
Property Valuations (Chapter 273, Minnesota Statutes)
Assessor's Estimated Market Value
Each parcel of real property subject to taxation must, by statute, be appraised at least once
every four years as of January 2 of the year of appraisal. With certain exceptions, all property
is valued at its market value which is the value the assessor determines to bEl the price he
believes the property to be fairly worth, and which is referred to as the "Estimated Market
Value."
Indicated Market Value
Because the Estimated Market Value as determined by an assessor may not represent the
price of real property in the marketplace, the "Indicated Market Value" is generally regarded as
more representative of full value. The Indicated Market Value is determined by dividing the
Estimated Market Value of a given year by the same year's sales ratio determined by the State
Department of Revenue. The sales ratio represents the overall relationship between the
Estimated Market Value of property within the taxing unit and actual selling price.
Tax Capacity
For property taxes payable in 1989, the value of the property used to determinl3 the property
tax was "Gross Tax Capacity." Gross Tax Capacity, like Assessed Value, was calculated by
applying a statutory formula to the Estimated Market Value. Generally, Gross Tax Capacity is
approximately 12.5% of Assessed Value for most classifications of property. The Gross Tax
Capacity multiplied by the Tax Capacity Rate, instead of the Mill Rate, determined the tax
payable on a parcel of property.
Beginning with taxes payable in 1990, Net Tax Capacity has replaced Gross Tax Capacity as
the basis on which taxes are levied. The Estimated Market Value multiplied by thE~ appropriate
class rate (gross or net) yields the tax capacity (gross or net). Net Tax Capacity differs from
Gross Tax Capacity primarily by having lower values for homesteaded residential and certain
agricultural property.
The formulas for converting Estimated Market Value to Assessed Value and Tax Capacity
represent a basic element of the State's property tax relief system and are therefore subject to
annual revisions by the State Legislature.
For taxes payable in 1988 and for prior years, property taxes were levied based on "Assessecl
Value." Assessed Value of real property was calculated by applying the statutory formula
applicable to the property's classification.
Property Tax Payments and Delinquencies
(Chapters 276, 279-282 and 549, Minnesota Statutes)
Ad valorem property taxes levied by local governments in Minnesota are extended and
collected by the various counties within the State. Each taxing jurisdiction is required to certify
the annual tax levy to the county auditor within five (5) working days after December 20 of the
11-1
year preceding the collection year. A listing of property taxes due is prepared by the county
auditor and turned over to the county treasurer on or before the first business day in March.
The county treasurer is responsible for collecting all property taxes within the county. Real
estate and personal property tax statements were to be mailed out no later than April 15 for
property taxes payable in 1990 and are to be mailed out no later than March 31 thereafter.
One-half (1/2) of the taxes on real property is due on or before May 15. The remainder is due
on or before October 15. Real property taxes not paid by their due date are assessed a
penalty which, depending on the type of property, increases from 2% to 4% on the day after
the due date. In the case of the first installment of real property taxes due May 15, the penalty
increases to 4% or 8% on June 1. Thereafter, an additional 1 % penalty shall accrue each
month through October 1 of the collection year for unpaid real property taxes. In the case of
the second installment of real property taxes due October 15, the penalty increases to 6% or
8% on November 1 and increases again to 8% or 12% on December 1. Personal property
taxes remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches
to the unpaid tax. However, personal property owned by a tax-exempt entity, but which is
treated as taxable by virtue of a lease agreement, is subject to the same delinquent property
tax penalties as real property.
On the first business day of January of the year following collection all delinquencies are
subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are
filed for a tax lien judgment with the district court. By March 20 the clerk of court files a
publication of legal action and a mailing of notice of action to delinquent parties. Those
property interests not responding to this notice have judgment entered for the amount of the
delinquency and associated penalties. The amount of the judgment is subject to a variable
interest determined annually by the Department of Revenue, and equal to the adjusted prime
rate charged by banks, but in no event is the rate less than 10% or more than 14%.
Property owners subject to a tax lien judgment generally have five years (5) in the case of all
property located outside of cities or in the case of residential homestead, agricultural
homestead and seasonal residential recreational property located within cities or three (3)
years with respect to other types of property to redeem the property. After expiration of the
redemption period, unredeemed properties are declared tax forfeit with title held in trust by the
State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof,
then sells those properties not claimed for a public purpose at auction. The net proceeds of
the sale are first dedicated to the satisfaction of outstanding special assessments on the
parcel, with any remaining balance in most cases being divided on the following basis: county
- 40%; town or city - 20%; and school district - 40%.
Property Tax Credits (Chapter 273, Minnesota Statutes)
In addition to adjusting the taxable value for various property types, primary elements of
Minnesota's property tax relief system are: property tax levy reduction aids; the circuit breaker
credit, which relates property taxes to income and provides relief on a sliding income scale;
and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases.
The circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application
by the taxpayer. Property tax levy reduction aid includes educational aids, local governmental
aid, equalization aid, homestead and agricultural credit aid (HACA) and disparity reduction aid.
The homestead credit, a direct subsidy by the State to the taxpayer which was available to
residential and agricultural homestead properties in prior years, has been omitted and is now
accounted for in the designation of lower class rates.
11-2
Levy Limitations
Historically, the ability of local governments in Minnesota to levy property taxes was controlled
by various statutory limitations. These limitations have expired for taxes payable in 1993 and
future years, but may be reinstated in the future. Under prior law the limitations generally did
not affect debt service levies. For county governments, cities of 2,500 population or more, and
smaller cities and towns that receive taconite municipal aid, taxes could be levied outside the
overall levy limitation for, among others, bonded indebtedness and certificates of indebtedness,
unfunded accrued pension liability, social service programs and the residual income
maintenance program for which the county share of costs has not been taken over by the
State.
Debt Limitations
All Minnesota municipalities (counties, cities, towns and school districts) are subject to
statutory "net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net
debt is defined as the amount remaining after deducting from gross debt the amount of current
revenues which are applicable within the current fiscal year to the payment of any debt and the!
aggregation of the principal of the following:
1 . Obligations issued for improvements which are payable wholly or partially from the!
proceeds of special assessments levied upon benefited property.
2. Warrants or orders having no definite or fixed maturity.
3. Obligations payable wholly from the income from revenue producing conveniences.
4. Obligations issued to create or maintain a permanent improvement revolving fund.
5. Obligations issued for the acquisition and betterment of public waterworks and public:
lighting, heating or power systems, and any combination thereof, or for any other public:
convenience from which revenue is or may be derived.
6. Certain debt service loans and capital loans made to school districts.
7. Certain obligations to repay loans.
8. Obligations specifically excluded under the provisions of law authorizing their issuance.
9. Debt service funds for the payment of principal and interest on obligations other than
those described above.
Levies for General Obligation Debt
(Sections 475.61 and 475.74, Minnesota Statutes)
Any municipality which issues general obligation debt must, at the time of issuance, certi~{
levies to the county auditor of the county(ies) within which the municipality is situated. Such
levies shall be in an amount that if collected in full will, together with estimates of other
revenues pledged for payment of the obligations, produce at least five percent in excess of thE~
amount needed to pay principal and interest when due.
Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to
levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is
without limitation as to rate or amount.
Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes)
"Fiscal Disparities Law"
The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as
"Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the
increase in commercial-industrial (including public utility and railroad) net tax capacity valuation
since 1971 in each assessment district in the Minneapolis/St. Paul seven-county metropolitan
area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Hamsey, Scott,
excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax
base. A distribution index, based on the factors of population and real property market value
per capita, is employed in determining what proportion of the net tax capacity value in the area-
wide tax base shall be distributed back to each ass~ssment district.
11-3
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APPENDIX III
FINANCIAL STATEMENTS
Excerpts from the City's 1992, 1991 and 1990 audited financial statements are presented on
the following pages. The City's financial statements are audited by an independent certified
public accounting firm. Governmental funds and agency funds are accounted for using the
modified accrual basis of accounting. Proprietary funds are accounted for using tlhe accrual
basis of accounting. The reader should be aware that the complete financial statements may
contain additional data relating to the information presented here, which may interpret, explain
or modify it.
111-1
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111-7
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STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
GENERAL FUND
YEAR ENDED DECEMBER 31, 1992
Variance
Favorable
Budqet Actual (Unfavorable)
REVENUE
General property taxes $1 575 729 $1 576 158 $ 429
Licenses and permits 128 525 175 123 46 598
Intergovernmental 283 684 283 689 5
Charges for services 9 500 9 819 319
Fines and forfeitures 95 000 89 960 (5 040)
Miscellaneous
Special assessments
Interest on investments 52 000 86 206 34 206
Other 17 000 51 434 34 434
TOTAL REVENUE 2 161 438 2 272 389 110 951
EXPENDITURES
General government 673 246 654 085 19 161
Public safety 587 167 571 077 16 090
Public works 411 373 434 015 . (22 642)
Parks and recreation 154 852 116 173 38 679
TOTAL EXPENDITURES 1 826 638 1 775 350 51 288
EXCESS REVENUE (EXPENDITURES) 334 800 497 039 162 239
OTHER FINANCING SOURCES (USES)
Operating transfers in 35 000 35 000
Operating transfers out (532 000) (526 600) 5 400
TOTAL OTHER FINANCING
SOURCES (USES) (497 000) (491 600) 5 400
EXCESS REVENUE AND OTHER FINANCING
SOURCES OVER (UNDER)
EXPENDITURES AND OTHER USES $ (162 200) 5 439 $ 167 639
FUND BALANCE, JANUARY 1 1 252 193
FUND BALANCE, DECEMBER 31 $1 257 632
"1-8
CITY OF SHOREWOOD, MINNESOTA
STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
GENERAL FUND
YEAR ENDED DECEMBER 31, 1991
Variance
Favorable
Budqet Actual (Unfavorab.1..gl
~ REVENUE
General property taxes $1 636 270 $1 627 874 $ (8 396)
Licenses and permits 17.2 500 168 560 ( 3 940)
Intergovernmental 267 233 153 681 (113 552)
charges for services 20 000 3 635 (16 365)
Fines 90 000 101 200 11 200
Miscellaneous
Special assessments 4 336 4 336
Interest on investments 58 000 101 333 43 333
Other 33 593 51 496 17 903
TOTAL REVENUE 2 277 596 2 212 115 (65 481)
EXPENDITURES
General government 657 144 665 152 (8 008)
Public safety 561 758 548 343 13 415
Public works 634 470 375 406 259 064
Parks and recreation 148 512 142 168 6 344
TOTAL EXPENDITURES 2 001 884 1 731 069 270 815
EXCESS REVENUE (EXPENDITURES) 275 712 481 046 205 334
OTHER FINANCING SOURCES (USES)
Operating transfers in 25 000 25 000
Operating transfers out (300 712 ) (510 712 ) (210 0(0)
TOTAL OTHER FINANCING
SOURCES (USES) (275 712) (485 712) (210 0(0)
EXCESS REVENUE AND OTHER FINANCING
SOURCES OVER (UNDER)
EXPENDITURES AND OTHER USES $ (4 666) $ (4 6E~)
FUND BALANCE, JANUARY 1 1 256 859
FUND BALANCE, DECEMBER 31 $1 252 193
111-9
CITY OF SHOREWOOD, MINNESOTA
STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
GENERAL FUND
YEAR ENDED DECEMBER 31, 1990
Variance
Favorable
Budoet Actual (Unfavorable)
REVENUE
General property taxes $1 667 451 $1 437 140 $(230 311)
Licenses and permits 170 700 203 828 33 128 ~
Intergovernmental 59 920 273 780 213 860
Charges for services 13 600 9 943 (3 657)
Fines 80 000 124 234 44 234
Miscellaneous
Special assessments 1 504 1 504
Interest on investments 58 000 91 685 33 685
Other 17 000 30 881 13 881
TOTAL REVENUE 2 066 671 2 172 995 106 324
EXPENDITURES
General government 653 405 616 929 36 476
Public safety
Police protection 364 150 378 149 (13 999)
Fire protection 79 551 79 749 (198)
Other 78 661 74 760 3 901
Public works 1 015 314 799 543 215 771
Parks and recreation 120 352 115 881 4471
TOTAL EXPENDITURES 2 311 433 2 065 011 246 422
EXCESS REVENUE (EXPENDITURES) (244 762) 107 984 352 746
OTHER FINANCING SOURCES
Operating transfer in 20 000 195 000 175 000
EXCESS REVENUE AND OTHER FINANCING
SOURCES OVER (UNDER)
EXPENDITURES AND OTHER USES $ (224 762) 302 984 S 527 746
FUND BALANCE, JANUARY 1 953 875
FUND BALANCE, DECEMBER 31 $1 256 859
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MAYOR
Barb Bra nee I
COUNCI L
Krist; Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474~3236
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
2 November 1993
RE:
Warming House Construction Quotes
FILE NO.:
405 (Manor Park)
At the last Council meeting, staff reported that only one quote had been received for the
construction of the warming house at Manor Park. At $37,000 that quote exceeded the
maximum amount which can be spent without competitive bidding and also the proposed
$25,000 budget for the facility.
.
The following day we received two additional quotes. Sass Construction proposed to do the
work for $30,000 and Seamans Construction for $24,000 not including a furnace. Upon
further discussion, Pete Seamans agreed to complete the job for $23,125 (see attached
proposal) subject to the City doing the following:
1. Excavate footings
2. Painting
3. Provide floor covering
4. Provide materials for benches
Mr. Seamans indicated that the work could be completed, except for the outside concrete
work to be done next spring, by mid-December - in time for the 93/94 skating season.
It is recommended that the proposal by Seamans Construction be accept~~
c:
Jim Hurm
Tim Keane
Larry Niccum
Joe Pazandak
Pete Seamans
A Residential Community on Lake Minnetonka's South Shore
~
PROPOSAL
No. _ _____ _ _ __.__
Si7 t 1'!1' pr; rO''"'1-JS7T''f T~,,;;,rON
~:_' ___ ~ t__' '-" .... "- _. u '-" ~_
.-;: ~ ::.c:2LSANT N/ENUE
t\J[~~::A BAY, MN 55331
474c3130
Date_. __~_______ _ ____.__.___.__ .__
Sheet No._________________________
Proposal Submitted To:
Name C\ k'~ o~ S~ G<...<-~~O
Street.. _____._
City
State _ _.______m._______
Phone. _____.._____._______
Work To Be Performed At:
_ _M~'0oa... PA~
Street...__.__._________ '..' ____ __.______._.______m_____....___._.___
City _.______.__. _____ __.m __._._.___ State____________.___
Date of Plans ___m__._.__._____..______.____.._.____._.._____._.....
Archi tect_.._ __...__._..._ -- --. -------.---..-.... .------- .-...---.----. --- ..-----.-. '---.--' --.-.---
We hereby propose to furnish the materials and perform the labor necessary for the completion of
_ 1 I .
____ ~ C).X 'jQ________~f\ It\":" ( Y"\~ ... ~ \.AvS<.. P'~ D______ ~ fl. ~\t- __ . ___ sh<.\ bu-. .... ...---~- ----.-------------------------------.-------.-------
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__ P>),? .c:.-:-~____~Y'\O__...___...s)~ 13____.( 1'\0... 5\..\(. w#\'r..:1.. ~o:_.O "". \d l .._____._____._________~------------..--- ... -----... ---------
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'1..\L___~___n~___.:r:l!f!'Il::__ \(5l0'"",... o~k__~~u~.__. D C1o(..._._tl~t.y---~hc.\.-DWL---.----------------.-.------..
~l~~~{~~l~~./~~~':\~ ~~~::=~:-4f-i;t:;~-=-\..:::-f;~~----5~~~::.~--~:.t.::1F~-.:::::f~=::f.~~-C:_~::::::::==:_
V:l~_1)() 1,,'L eV'\ P. 00 0 ~ 4- l..{t~_ .+1'\__ \..)0 ~V'r)l "'1-t..e \',.~~___J..I..q"':,____I,,_.E..,,-,.t) L~_.~O ~------....---
";':&7::
_ __:~~--~..ji,ii~Y:._.._..
All material is guaranteed to be as specified. and the above work to be performed in accordance with the drawings and
specifications submitted for /~ve wo~ompleted in a .subs}an}ial wor. manlike manner for the s~~ of
~ ~ ~ ~..A tJ~~AA.- Dollars [~~ / ~ S "-' J.
with paymentstc;" b~ ~acle as follows:
Any alteration or deviation from above specifications involving extra
costs, will be executed only upon written orders, and will become an
extra charge over and above the estimate. All agreements contingent
upon strikes. accidents or delays beyond our control. Owner to carry
fire, tornado and other necessary insurance upon above work. Work-
men's Compensation and Public Liability Insurance on above work to be
taken out by
Respectfully submitted
~ r;::!.. . .... .... ..
L7tv ""<.t-- ::;6~)A/JAJI\ S
00."s' A
Per
Note- This proposal may be withdrawn by us if not accepted
within -- days.
(' . ACCEPTANCE OF PROPOSAL . . I
The above prices, specifications and conditiofis are satisfactory and are hereby accepted. You are authorized to do the work as specified. !
Payment will be made as outlined above. I
Signature .. I
I
I
j
I Date
\...
Signature
TOPS~ FORM 3850
ORIGiNA~
UTHO IN U.S..'-
.
.
TO:
Mayor and City Council Members
FROM:
James C. Hurm, City Administrator
DATE:
November 4, 1993
i
RE:
Budget for Season's Public Improvements as Discussed
Earlier
$204,800 Special assessment estimate (from preliminary
report* )
37,000 MnDot
16,600 City Water Fund (main extension)
10,000 Storm Water utility Fund
5,000 General Fund
3,900 Street Fund
$277,300
Costs associated with piping storm water across Old Excelsior
Boulevard to the outlet on the north side should come from the
Street Fund as discussed at the July 26th Council meeting. The
change order amount to come from the Street Fund is $30,525.
* Amount could be higher due to project adjustments or higher
bids on certain items.
JH/tln
11493.1
7
Q'~U. ~~n&
~ WI. ASSociate5,Inc.
~~
November 3, 1993
300 Park Place C::::1ter
5775 'Nayzata 5<)ulcvara
~J1Lnneapcli.s1 ;'\;IN 55416-1223
Sborewood Mayor and Council
City of Shorewood
5755 Country Club Road
Shorewood, M:N' 55331
612-595-5775
1-800-753-5775
FA.X.595-5774
Engineers
Architects
Planners
Surveyors
Re: Pipe under Excelsior Boulevard
Seasons Elderly Housing Project
City Project 93~2
Dear Mayor and Council Members:
.
~ you may recall, we had hoped to provide a simple, cost-effective "fix" for the existing pipe
under Excelsior Boulevard in conjunction with the Season's project. This fix provided for,
essentially, a polyethylene liner to be placed within the existing me!al pipe. OUf optimism
was based on the condition of the north end of the pipe, which we were able to inspect prior
to any construction.
Unfortunately, we have since discovered during construction that the south half of the
existing pipe is almost completely destroyed. It is our opinion that the proposed liner wou1d~
therefore, not be a feasible and long-term approach.
..
We have investigated several other options for replacing the pipe under Excelsior Blvd., and
it appears that "jacking" a new pipe under the road is the only economical, long-lasting
solution available. This option includes placing a new casing pipe under the road, sliding
a PVC pipe inside of it, and placing erosion control on the outlet (for the Buesgen's lot).
Tne total change order for this work is $30,525.
.
Because this is an existing pipe under a City street, we are proposing to fund this work from
the street reconstruction account. Please call me at 595-5695 with any questions.
Sincerely,
ORR-SCHELEN-:MAYERON
& ASSOCIATES, INC.
/~7 ~/ 1/',0
(~ r!//<- ..~J('
/~
Yl
/ Joel A Dresel, P.E., L.S.
City Engineer
Enclosure
7A
H:\ CIVTI. \.'-iM\E1'lGIN'EER\JAD\LETTERS\l1om.StID ..
"-qual O?pvrtumty employe:
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 93-____
A RESOLUTION APPROVING A CHANGE ORDER AND
AUTHORIZING EXPENDITURE OF STREET RECONSTRUCTION
FUNDS FOR EXCELSIOR BOULEVARD
CITY PROJECT NO. 93-2
WHEREAS, the city is currently under contract with
Widmer, Inc. for the installation of a storm sewer and other items,
City Project No. 93-2; and
WHEREAS, this contract contains a provision for providing
a polyethylene liner in the existing storm sewer pipe under
Excelsior Boulevard; and
WHEREAS, the city Engineer and Public Works Department
have determined that this liner is not feasible due to the
condition of the existing pipe.
NOW, THEREFORE BE IT RESOLVED by the City of Shorewood to
enter into the attached Change Order Number 1 with Widmer, Inc.,
and hereby authorizes the City Administrator to execute said Change
Order.
BE IT FURTHER RESOLVED that funds for said Change Order
are authorized to be expended from the street Reconstruction Fund.
ADOPTED by the city Council of the City of Shorewood this
8th day of November, 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
w
~jCi\I,1 04 '9:3 10:47 OSr"] ~'lPLS. rl~1
F:. -4
OSMorr
Scheien
Mayer~n &
Associates, Inc.
300 Park Place Center
5TiS wayzara Boulevard
Minnc3poJis. M:--r 55416-1228
6 j 2-596-5775
1-800-753-5775
F.U 595-5774
Change Order
Change Order No: 1 City Project No: 93--2
Project: Season's Elderly Housing Project S.P. 2706-187
Owrl8l'$: City of Shorewood Date of luuanc.e: November 3, 1900
5755 Country Club Road
Shorewocd, MN 55331
Contractor: Widmer,lllC. Engineer: Orr-Sc~en4AaY&ron
Box 219 & Associates, I ne.
St Sonifac!U$, MN 55375
C.ontract For: Sanitary Sewer. Watennaln & Storm Sewer Improvements r OSM Comm. No. 5047.07
You at. dltected to make the foUowing changes In the Contract Documents:
Description: See Attachment No.1.
Purpose of Change Order: . Soo Attachment No.1.
AttachmGnts (list documents supporting change): See Attachment No.1.
CHANGE IN CONTRACT PRJCE CHANGE IN CONTRACT TIME
Original Contract Price: OriglM' Contract TIme:
$217,025.40
<<fevtoua Change Orders No. ..::.. to No...:...: Net Change from Previous Change Orders:
$ N/A None
Contract Price Priot to this Change Order: Contract nme Prior to this Change Order.
$217,025.40
Net Increase of this Change Order. Net Increase (decrease) of Change Ofder:
$30,525.00
Contract Pric8 with an Approved Change Orders: Contract TIme with Approved Change Orders:
$247,550.40 ." - ....
Recommended By; a~ .(!I~ Approved By:
7 Joel A. Ornel, P .E., LS. WIdmar, Inc.
Approved Approved Date of Council Action
By: By:
Public Worb Director' Administrator ,
J; \5047.(17\ CIVlL \MlSC\, Co.l
En';:I(lc=r$ ., Ar.:hacc:..:; . pIZlf1nCrS .. Sl:rlcYu($
NeN 04 '93 10:48 O~~ MPLS, ~i
Fl.5
CHANGE ORDER NO. 1
Attachment No. 1
The Season'. Elderly Housing
City of Shorewood
City PfOlect No. 93--2
OSM Ptaject No. 5047.07
The purpose of Change Order No. 1 Is to repLace the existing 18-lnch CMP storm sewer that is physJcaUy unsuitable for a
16-lnch diameter liner, with an 18-lnch ?Ye storm sewer lnslde a jacked 3O-lnch steel pipe casing.
Change Order No. 1 consists of the following:
am:
1) 16-lnch poIyeth'jiene liner, SDR 17. from SMH7 to 90 feet northwest under Old Excelsior Boulevard.
Cost = $3,600.00
2) 18-lnch CMP apron for existing l8-lnch eMP outlet located on the north side of Old Excelsior Boulevard.
Cost = $ 875.00
Q~I~tI90S 19tal C9~ =
$3)800.00 .... $875.00 =
$4.475.00
AQQ:
.
Bulkhead each end of the existIng 18-lnch CMP, from SMH7 to 90 feet northwest under Old Excelsior Boulevard,
and blow full with sand or another approved materlaJ.
2)
Furnish and lnstaJl 90 feet of SO-Inch diameter steal casing pipe lacked Inplace. SMH7 to 90 feet northwest under
Old excelsior Boolevard. The caslng pipe shall be saaJed at both ends with a suitable material to prevent water or
debris from entering the caslng pipe. The annular space around the carrier pipes shall be blown full with sand Of
another approved material.
Furnish and Install 90 feet of 18-lnch PVC, SDR 35 carrier pipe placed in 30-inch diameter steel casing pipe.
FurnIsh and Install, one each, reInforced concrete surge basjn (as per Mn/DOr Std. Plate 520(6) for 18-inch
diameter ?VO.
3)
4)
Adt;lltlQnf TotJf CQ~ =
$35.000.00
CHANGE ORDER NO.1 TOTAL NET COST ;:
$35,000.00 . $4,475.00 =
$30.525.00
J:\5047.0'7\ OVIL \MIse\, CO.!
.
.
1'10'1,0" C14' q~ 1 <] : 4:3 09'1 l'lPLS, l'Ul
P.6
~~
During construction, it was learned that the existing pipe under Excdsior Boulevard has
partially collapsed. To avoid furore problems and higher costs, the City Engineer is
recommending the placement of a new pipe in conjunction with the construction contract for
the Season's Elderly Housing Project. The total change order for this work is $30,525.
Because this is an existing street and pipe, staff is recommending that this work be funded
from the Street Reconstruction fund.
,
CK NO
CHECK APPROVAL LISTING FOR NOVEMBER 8, 1993 COUNCIL MEETING
TO WHOM ISSUED
PUPOSE
AMOUNT
CHECKS ISSUED SINCE OCTOBER 20, 1993
12522
12523
12524
12525
12526
12527
12528
12529
12530
12531
12532
12533
12534
6535
~536
12537
12538
12539
12540
12541
12542
12543
12544
12545
12546
12547
12548
12549
12550
~551
.552
12553
12554
12555
12556
12557
12558
12559
12560
12561
12562
12563
12564
12565
12566
(G)
(L)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(L)
(L)
(L)
(L)
(L)
Bradley Nielsen
Commiss of Revenue
Void
First State Bank
Commiss of Revenue
Pera
ICMA Retirement Trust
City cty Credit Union
Child Support Enforcmt
Anoka cty Support/Colctn
Govt Training Service
Midwest Asphalt Corp.
Northern States Power
Bellboy Corporation
Day Distributing
East Side Beverage Co.
Griggs, Cooper and Co.
Johnson Brothers Liquor
Mn Bar Supply
Ed Phillips and Sons
Quality Wine/Spirits
US Postmaster
Wendy Davis
US Postmaster
Void
Pera
Pera
Medcenters Health Plan
Medica Choice
Group Health Inc.
League of Mn cities
Mn Mutual Life
Commercial Life Ins Co
AFSCME Council 14
G & S Cabinets
Medwest Asphalt Corp.
Cellular Telephone Co
Northern States Power
Us West
Mr Steven Grady
Bellboy corporation
Griggs, Cooper and Co.
Honeywell Protection
Johnson Brothers Liquor
Mn Bar Supply
CONTINUED NEXT PAGE
Sec 125 reimbursement
September sales tax
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Seminar regist-Pazandak
Street supplies
utilities
Liquor purchases
Beer purchases
Beer and misc purchases
Liquor and wine purchases
Liquor and wine purchases
Mise and supplies purchases
Liquor and wine purchases
Liquor and wine purchases
Sump pump letter postage
Mileage
Sump pump letter postage
Payroll deductions
Emp'ee addtl life insurance
Nov health insurance
Nov health insurance
Nov health insurance
Nov dental insurance
Nov disability
Nov life insurance
Nov Delta dental
1/2 payment on cabinets
Asphalt supplies/removal
Cellular phone air time
utilities
Telephone svcsjadvertising
Recycling award
Liquor purchases
Liquor,wine, misc purchases
Security system
Liquor and wine purchases
Misc and supplies purchases
-1-
100.00
9,405.61
6,133.36
1,054.04
2,098.84
641.57
280.00
92.50
167.33
45.00
441.20
292.69
2,196.72
737.55
5,386.77
2,078.67
1,231.75
87.02
1,117.15
1,544.86
34.15
35.28
39.10
2,080.25
42.00
1,021.40
4,626.92
940.64
477.98
74.40
50.15
224.00
469.14
3,413.81
55.14
2,216.05
845.92
125.00
1,777.67
3,137.97
90.00
1,897.86
40.95
12
CK NO
,
CHECK APPROVAL LISTING FOR NOVEMBER 8, 1993 COUNCIL MEETING
TO WHOM ISSUED
PUPOSE
AMOUNT
CHECKS ISSUED SINCE OCTOBER 20, 1993 (CONTINUED)
12567
12568
12569
12570
12571
12572
12573
12574
12575
12576
12577
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(G)
(G)
(G)
(G)
Mn Dept of Public Safety
Harry Niemela
Ed Phillips and Sons
Quality Wine/Spirits
Ryan Properties
Thorpe Distributing
Val-Pak
Daniel Randall
Bradley Nielsen
Wendy Davis
Joseph Pazandak
Liq/wine buyers card
Nov rent-store I
Liquor and wine purchases
Liquor and wine purchases
Nov rent-store II
Beer and misc purchases
Advertising mailing
section 125 reimbursement
section 125 reimbursement
section 125 reimbursement
Mileage
20.00
1,664.00
2,524.79
1,087.10
2,400.00
1,079.05
450.00
184.79
140.00
140.00
123.42
TOTAL GENERAL
28,706.0.
TOTAL LIQUOR
39,955.49
TOTAL CHECKS ISSUED
68,661. 56
.
-2-
I
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J2588 HAHCE CARI..F TESTTHG!LOC_ CABlE I.OCATION
i.?5fi9 HEr.,.J,i"IFPTI'.i CDI...Ir'iTV TF~'F(jSI..IF;'FP SEPT PF:TSOi'-!Fi:;; EXP:::l'..!SF
1? 590 HF\'-.n.J,FP T i) CCHJi')TY TF'E (jSI..iF<'Ei:;' COI..II'HV PC1ST i:::GE
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\/EH T Cl F ["1P: H.J.T SI..IPPI.. T FS PI.J8 V,Jf{S {,] _ {,O
\/i.:::H T CL F i'.'l(:\ T (1T SUF'PL T F'::S C T Pi G{::P li 1. 06
FOR HOPKIHS PARTS CCiMPAN J.02.66
12591. HOPKINS PARTS COMPAHV
1 ~? 'C.,9 ) f< Fl"'! .J {:: f~~ C H Cl T ('-.n 1..1 F: {.:; 1"J, C F:
rHS-BIANKET BOND
T (I ::>.l. T C) U CH:~' LU\ Fn L I Pi
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*** TOTt\L
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-------- 2.831.04
4,881.0C)
949. ()e)
1.1.00,96
PEcvel.. Ii".i
1.2594 IARKIN. HOFFMAN. DAI.V._.. SEPT l.EGAI-DEVElOPMENTAI --------
SEPT I.EGAI-OH GOING --------
SEPT l.EGAL-GEHERAL
SEf::JT t. ECi{>d.. "CHUF:CH F;'D
SFPT IEGAt.-SEASONS
SEPT IEGAlq-MWCC!ROHACH
* * * Tor (\ L. F Ci F~' I. (, f.~; f< T i"!". H elF F: 1"1 (i i",J", D (\ l.
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PROJECTS
S,Ei/.JEF" DE
:3;. 5'~?'~) _ (~t~
i'? (;,9 ,~, l E(::';Ul.ii'~ (:f: l'iiN C T T T F;::;
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1? (/){, i"iT T D T ST Fi' T HUT T l-.J.G COi''IP({(!'Y 1'/iC:v,JFF,' (h\ T i'-rr P(jF;T::;~
1?597 MAHONEV. JAMES
PARKS weED SPPAVTNG
-3-
r:) {~ r:;,l ~<_ ~:) 8:
71.;; f~(;;?:; _ 4()
54.00
171 .O()
1 ., C) .~, () ..r;;, F:
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CHFC:h (1PPPCi\/:~11 L T ST T t'-J,Ci
FOR NO'~EMRFr~ 8~ 1.993 M're
1"lf::rK~ \/i::~~~f:)(:)R ~'.~AMF
[)C3l;~' T PT r (Ii'{
I)I~ PT .
(< (1 ill.li'; T
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'1. ,:( .r~:j (~~ (~) F) (J ('''i I"'! F~~ F~l C: t:) ('/{ r) (~("4 \/ ,; [ I"'.! C~ _
(:PPPFC I ('1T I Cli'! PI (lOU:::::;
:::J l.. _ (~11"'J, () f !"..i C;
f:~(;') '" 7
[:'(,00 :::;TFh'11I'!(; C:CIDTFIF'h'~:), il'le, ~:;HrpP11)C ON 1,':DDIF'ICnTICI(j C;CI',I, Gel T
"j. (, f~ ~~:;
1:2601 ::;[1 Lf< i"iThJ': iJUE: ::~nl:T TY [II 1':CJlOihIi'!C, FEE/t:CHIPT en'
PCII.. T I,'
(,r) 7: __ ()7
1'.::':-':'1,)
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C: (1 t'.) \/ (~ :::-~;T (:; }) (:J ~':':;
r:fTY li(<
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:1.2~~,O~1 'T'It'11:: S(~VFR OFF ~;I-rl~ SEe:
h!' I! I. if I~':<
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h I I'HiT I:::; I:) L ('d'Un '0 (, ':1,
*** TcrTP:L F'[lP T fr,,IIi::' SP:\!:.:T,: DFF SITF?:,3C)., }C,
12604 TONKA PRINTING CO
F i!\/ ",':;IJi"iP PIH"iP In CTTi:: R
~:) E: 1/,) F P [J F
11i:.'
t.:'::' t, n S I/J (i T F:' P t') f-:;' C.i
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*+* TOTAL CHECKS FOR APPROVAL
(;,
.... ! -
*** TOTAL CHECK APPROVAL LIST
135,338.35
.
-4-
.
CHECK APPROVAL LISTING FOR NOVEMBER 8, 1993 COUNCIL MEETING
CK NO
TO WHOM ISSUED
HOURS
AMOUNT
CHECK REGISTER FOR NOVEMBER 1, 1993 COUNCIL PAYROL~
207818 Void
207819 (G) Bruce Benson Council 184.70
207820 (G) Barbara Brancel Mayor 233.87
207821 (G) Robert Daugherty Council 184.70
207822 (G) Daniel Lewis Council 184.70
207823 (G) Kristi stover Council 184.70
TOTAL PAYROLL
972.67
.
.
-5-
l
CHECK APPROVAL LISTING FOR NOVEMBER 8, 1993 COUNCIL MEETING
CK NO TO WHOM ISSUED HOURS AMOUNT
CHECK REGISTER FOR NOVEMBER 2, 1993 PAYROLL
207824 Void
207825 (L) Scott Barlett 20.5 reg hours 121. 17
207826 (G) Charles Davis 80.0 reg hours 582.22
207827 (G) Wendy Davis 80.0 reg hours 758.95
207828 (L) Cory Frederick 15.0 reg hours 82.08
207829 (L) John Fruth 14.5 reg hours 83.13
207830 (G) Patricia Helgesen 80.0 reg hours 632.13
207831 (L) Shawn Hempel 46.5 reg hours 228.87
207832 (G) James Hurm 80.0 reg hours 1,435.21
207833 (L) Brian Jakel 12.5 reg hours 70.50
207834 (G) Dennis Johnson 80.0 reg hours 778.43
207835 (L) Loren Jones 14.75 reg hours 80.70
207836 (L) Martin Jones 18.25 reg hours 87.87
207837 (L) William Josephson 80.0 reg hours 630.2.
207838 (L) Mark Karsten 29.5 reg hours 163.8
207839 (L) Sandra Klomps 8.0 reg hours 42.85
207840 (G) Mary Knopik 48.0 reg hours 249.79
207841 (L) Jason Krause 4.25 reg hours 22.76
207842 (L) Susan Latterner 37.25 reg hours 204.92
207843 (G) Colleen Lindskoog 8.0 reg hours 42.29
207844 (G) Joseph Lugowski 80.0 reg hours-8 ot 870.61
207845 (L) Russell Marron 33.5 reg hours 190.06
207846 (L) Jill Moore 13.75 reg hours 71.86
207847 (G) Theresa Naab 80.0 reg hours 665.78
207848 (G) Lawrence Niccum 82.0 reg hours 848.00
207849 (G) Susan Niccum 80.0 reg hours 701.31
207850 (G) Bradley Nielsen 80.0 reg hours 952.59
207851 (G) Joseph Pazandak 80.0 reg hours 1,032.80
207852 (G) Daniel Randall 80.0 reg hours 789.06
207853 (L) Brian Roerick 8.0 reg hours 47.22
207854 (G) Alan Rolek 80.0 reg hours 1,224.3_
207855 (L) Brian Rosenberger 23.25 reg hours 120.8
207856 (L) Christopher Schmid 80.0 reg hours 373.55
207857 (G) Howard Stark 80.0 reg hours-8.5 ot 786.17
207858 (G) Beverly Von Feldt 80.0 reg hours 610.33
207859 (G) Ralph Wehle 80.0 reg hours 637.30
207860 (L) Dean Young 80.0 reg hours 639.86
207861 (G) Donald Zdrazil 80.0 reg hours 1.189.45
TOTAL GENERAL 14,786.81
TOTAL LIQUOR 3,262.32
TOTAL PAYROLL
18,049.13
-6-
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, OCTOBER 19, 1993
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Rosenberger called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Chair Rosenberger; Commissioners Bean, Hansen, Malam, and Pisula;
Planning Director Nielsen.
Absent:
Commissioners Bonach and Borkon.
APPROVAL OF MINUTES
Bean, Pisula seconded to approve the minutes of the Commission's September 7,
1993 meeting.
Motion passed 5/0.
Pi sui a moved, Malam seconded to approve the minutes of the Commission's
October 5, 1993 meeting.
Motion passed 5/0.
1. PUBLIC HEARING - PRELIMINARY PLAT AND LOT WIDTH VARIANCE - MOTT
ADDITION (continued from October 5, 1993 meeting)
Applicant: Whitley Mott
Location: 24850 Yellowstone Trail
Rosenberger reported that Whitley Mott, the applicant, requested by letter dated October
18, 1993, that consideration of the Mott Addition preliminary plat and lot width variance
application be further continued until certain test results are available.
Pisula moved, Hansen seconded to continue the hearing regarding the Mott
Addition preliminary plat and lot width variance application to November 2, 1993.
Motion passed 5/0.
2. FLOOD PLAIN ORDINANCE AMENDMENT
Nielsen stated the City is required to update its current flood plain regulations to comply
with state and federal laws to remain eligible for the flood insurance program. He stated
1
PLANNING COMMISSION MINUTES
Tuesday, October 19, 1993 - Page 2
the amended ordinance includes some new definitions and modifications of definitions.
The significant part of the ordinance, which the City has been enforcing already, is that
houses built near a flood plain must be at a minimum of l' above the 100 year flood
elevation. He pointed out a conflict between this ordinance and the Shoreland
regulations in that the flood ordinance states that fill be used to reach the required
elevation whereas the Shoreland regulations do not allow fill in the flood plain area. The
strictest ordinance applies in this instance. Using a flood plain map, Nielsen described
the zones in Shorewood, which primarily surround Lake Minnetonka, protected by the
ordinance. He pointed out that areas around Christmas Lake are not included because
it is apparently considered to have a satisfactory positive outlet.
Nielsen stated the ordinance is consistent with other existing regulations such as those
of the LMCD. He reiterated that the ordinance is required to preserve residents' eligibility
for flood insurance and responsibility and authority is delegated to cities. The purpose
of the ordinance is to promote the public health, safety and general welfare and to
minimize losses attributed to flooding.
Hansen moved, Pisula seconded to recommend to the Council that it adopt the
proposed Flood Plain Management Regulations Ordinance Amendment, attached
to Nielsen's October 14, 1993 memorandum, subject to review and approval of the
DNR.
Motion passed 5/0.
3. STUDY SESSION: COMP PLAN - COMMUNITY FACILITIES CHAPTER
Nielsen stated additional text of the Community Facilities Chapter will be available for the
Commission's consideration at it's November 2 meeting.
Nielsen brought the Commission's attention to its recommendation regarding regulation
of refuse collection in the City. Nielsen described an option being considered by the
Council that would require haulers to use smaller vehicles to collect trash and is
designed to eliminate deterioration of City streets by the large heavy trucks.
Following discussion, the Commission reaffirmed its recommendation that a district
method be adopted whereby the City would be divided into districts and each district
would be bid to one hauler.
4. APPOINTMENTS - RECOMMENDATIONS TO COUNCIL
1994 Planning Commission Chair
Bean moved, Hansen seconded to appoint Kirk Rosenberger to the position of chair
of the Planning Commission.
Motion passed 4/1. Rosenberger abstained.
2
PLANNING COMMISSION MINUTES
Tuesday, October 19, 1993 - Page 3
1994 Planning Commission Vice Chair
Bean moved, Hansen seconded to appoint Deborah Borkon to the position of Vice
Chair of the Planning Commission, subject to her acceptance.
Motion passed 5/0.
Liaison to the Park Commission
Hansen moved, Malam seconded to appoint Deborah Borkon to the position of
Liaison to the Park Commission, subject to her acceptance.
Motion passed 5/0.
Liaison to the Lake Minnetonka Cities Cooperative Services Advisory Committee
Malam moved, Hansen seconded to appoint Robert Bean to the position of Liaison
to the Lake Minnetonka Cities Cooperative Services Advisory Committee.
Motion passed 5/0.
Liaison to the City Council
Hansen moved, Malam seconded to appoint James Pi suI a to the position of Liaison
to the City Council.
Motion passed 5/0.
The Commissioners suggested that consideration be given to automatic rotation of the
Vice Chair to the position of Chair after a 2-3 year term of the Chair.
5. MATTERS FROM THE FLOOR
Hansen expressed thanks and appreciation to the Commissioners and Nielsen and the
staff for the opportunity to work with them for the past two years.
6. REPORTS
In the absence of Council Liaison Lewis, Malam reviewed the actions taken by the
Council at its October 11 meeting and answered questions.
The Commissioners discussed future meeting agenda matters including criteria for senior
citizen housing and options for Radisson Road.
This being the last meeting for Commissioner Hansen whose resignation from the
Planning Commission is effective November 1, 1993:
3
PLANNING COMMISSION MINUTES
Tuesday, October 19, 1993 - Page 4
Rosenberger moved, Malam seconded to adopt the following resolution in
recognition of Hansen's service on the Planning Commission:
BE IT RESOLVED THAT:
WHEREAS, Jack Hansen was appointed to the Planning Commission in 1991
to fill the shoes of Dick Spellman and has done so admirably; (Nielsen)
WHEREAS, Jack Hansen has distinguished himself with his loquacity,
iconoclasm and irascibility in the past 9 months of our common service on
this Commission; (Pisula)
WHEREAS, Jack Hansen was a staunch defender of the isolationist mentality
of the Islands and his overall concern for the good of Shorewood will be
missed greatly; (Malam)
WHEREAS, Jack Hansen has the best Jonathan Winters tapes I've seen in the
last 5 years; (Bean)
WHEREAS, Jack Hansen was a stickler for accuracy of the minutes and made
sure he trained a succeeding stickler; (Bergfalk)
WHEREAS, Jack Hansen proved to be fair and firm with the other
Commissioners as well as with the general public, therefore be it resolved
that the Planning Commission of the City of Shorewood wishes Jack and his
wife a happy, healthy and productive future. (Rosenberger)
Motion passed 4/0.
7. ADJOURNMENT
Hansen moved, Bean seconded to adjourn the meeting at 7:50 p.m.
Motion passed 5/0.
RESPECTFULLY SUBMITTED
Arlene H. Bergfalk
Recording Secretary
TimeSavers Off Site Secretarial
4
MEMO
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
TO:
Mayor & Councilmembers
FROM:
Al Rolek
DATE:
November 1, 1993
RE:
Fire Protection Costs, Islands vs. Mainland
The Council discussed the installation of three "dry" fire
hydrants on the Islands and the method of payment (ie: assessments,
utili ty bills) at your last meeting. At that t.ime, you requested
an analysis, for comparison purposes, of fire protection costs for
the islands, serviced by Mound Fire Department, versus the
mainland, serviced by Excelsior.
We have assembled comparative data for 1993 and 1994 on a per
household basis and on a tax capacity basis. The following is a
summary of that data:
Islands- 1993
1994
Mainland- 1993
1994
Fire Budqet
Households
Cost/household
$ 4,585
5,122
$ 98,103
104,462
$57.31
64.03
$46.96
50.00
80
80
2,089
2,089
Difference - Islands vs. Mainland
1993 $ 10.35
1994 14.03
Islands- 1993
1994
Mainland- 1993
1994
Fire
Budqet
Tax
Capacity
Rate per $1,000
Tax Capacity
$ 4,585
5,122
$ 98,103
104,462
$ 263,503
263,503
6,997,809
6,997,809
$ 17.40
19.44
14.02
14.93
A Residential Community on Lake Minnetonka's South Shore
MEMO
Fire Protection Costs
November 1, 1993
Page 2
Tax Cap. Cost-Island Cost-Mainld Diff.
Cost for 150K home
1993 $2,280 $39.67 $31. 97 $ 7.70
1994 2,280 44.32 34.04 10.28
Cost for 300K home
1993 $5,280 $ 91.87 $74.03 $17.84
1994 5,280 102.64 78.83 23.81
The cost of the three hydrants as submitted by the Mound Fire
Department is $45,840. If the cost is spread over 80 households
for 15 years, the annual cost per household is $38.20. This cost
could be assessed, or it could be added to the quarterly utility
bills.
It is readily apparent that fire protection costs on the islands
are higher than on the mainland. The Council may wish to consider
this when discussing charging the cost of the dry hydrants back to
the residents of the islands. For instance, the difference in fire
protection cost between the islands and the mainland for 1994 could
be deducted from' the annual per household cost of the hydrants,
thereby "equalizing" the cost of fire protection ($38.20 - $14.03
= $24.17).
Hopefully this supplies the information you requested and will aid
in your decision-making process. If you have any questions
relative to the material presented, please call me.
cc: James Hurm
1
TO:
Mayor and City Council Members
FROM:
James C. Hurm,
,-1'\.
City Administrator
DATE:
October 7, 1993
,~~
. !
RE:
Garbage Alternatives - Issues
,j"
ISSUES TO CONSIDER
· Should the City organlze garbage pickup as we do recycling?
· Vehicle weight - Because we want our streets to last as long
as possible and because many of our streets are on poor soils,
we should consider prohibiting the large garbage trucks and
requiring smaller trucks be used to empty into the large
trucks (4 ton/axle as in Code Section 801.09; spring
restrictions) .
· Organized collection could limit garbage and recycling pickup
to one day rather than six days a week as it currently is now.
· Typically organized pickup saves each resident about $60 per
year (per survey data). That translates to a combined City-
wide savings of up to $144,000 per year ($60 x 2400
residences). For example:
Shorewood Tonka Bay I Excelsior
3 Can Rate + $23.00 $14.67 $18.76
Recycling Fee
Annual Cost $276.00 I $176.04 1$225.12
Per Residence
Multiplied by x 2,400 I x 2,400 x 2,400
# of Shorewood
Residences
Annual City- $662,400 I $422,496 $540,288
wide Cost
Savings $239,904 $122,112
This savings means that if Shorewood used the organized methods as
in Tonka Bay or Excelsior, and had their rates, significant savings
would be realized.
· The more restrictions placed (i.e. weight, same day
collection, etc.), the fewer the number of companies that can
compete. Smaller haulers who have done business in the area
for years may no longer be able to do so.
..
Garbage Alternatives - Issues
October 7, 1993
Page 2 of 2
OPTIONS TO CONSIDER
. License; lncrease fee to help pay for potential breakup;
. Require small load vehicles in the spring only;
. Require small load vehicles year around;
. Bid one hauler, one or more days, with recycling;
.
Leave as is; $50.00 base fee + $25.00 per truck
restrictions;
.
.
JHjtln
10793.2
f
no
,
TO:
Mayor and City council Members
, \
/! I'J
./1. :..-
I
.
FROM:
Teri Naab, Deputy Clerk
DATE:
October 7, 1993
RE:
Garbage Alternatives - Comments on the SUrvey Information
The following are observations derived from the statistical data
compiled from a County survey:
· Only three cities have w~ight restrictions in place related to
garbage haulers, which only apply in the spring.
· There are obvious cost SaVlngs in having one City-wide
hauler/recycler (approximately $5.00 per month or $60.00 per
year). Many of the cities with organized collection have
included a recycling fee with the garba.ge rate, which should
be taken into consideration when comparing the rates.
· Only the larger contractors have the capability to handle
city-wide collection.
· All organized Collection cities have recycling and garbage
picked up on the same day.
· Some cities have adopted an increased rate for those that do
not recycle.
· Many of the garbage haulers have indicated a willingness to
comply if the City requires smaller vehicles on residential
streets.
10793.1
,
~ .
SURVEY OF SMALL TRUCK AVAILABILITY
-..-
smaller trucks available (empty:
They do not intend to purchase
Chaska sanitation: They have 2
10,000 lbsi full 12,500 lbs).
pickups in the near future.
Gopher state Truckino: They only have 1 large truck (empty: 12
ton; full: 18 ton), and do not intend to purchase smaller truckS
in the near future.
BFI: currently does not use smaller truckS in Shorewood, but have
them available.
j)lackowiak: Tbey currently use 6 smaller truckS lP Shore'Nood
(empty: 3 yd boxes; full: weigh as much as a small car) .
Qual;ty waste control~ They cnlY have 1 large truck available and
do not plan to purchase pickUps in the near future.
Randy's sanitation: They use 1 large truck (groSS weight 45,000
lbs) and 1 smaller truck (16,000 lbs) in the city.
R & W Rolloff: No residential/commercial pickUP in the city.
waconia sanitation: They have a small truck available, but
currentlY do not use it in the city.
waste Manaqement: currently do not have smaller vehicles
available for residential use, but could make them available if the
city required it.
westonka sanitation: currently they run a smaller truck (23,000 lbs
empty) but have a pickup available for use in the city. The owner
indicated that proper notice should be given so routes can be
reviewed prior to requiring the smaller vehicles.
waste Technoloav:
this time.
They do not have smaller vehicles available at
***
Many of the haulers indicated that if the city required smaller
vehicles to be used on residential side streets, they could meet
the requirement.
f
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