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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 ~ 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 /' J ' I ~1L /! i, 'J J 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. .' 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%. ." 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. . . . . 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) ~ . . 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. 1 2 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." . 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." 2 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 . 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. 3 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. . 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. 4 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. 5 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. . 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. 6 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. . 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 . ATTEST: BARBARAJ.BRANCEL,~UYOR JA.l\1ES C. HURL'\1, CITY ADMINISTRATOR . 8 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. . '" .::>. 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 " 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. . 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 . 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. . 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 ,. 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, . 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: . 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 ., . . 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 c: o u.. ~ U <( a. <( U ~ l- I- W Z c: Oen enz enO 0- I- wc:<( c:r"u ..J0iL: :)I-(j) :E :;:en ~:E:3 u..!:!:!"u >w~ ~3c: I-<(W :)>a. 1-1-0 ~wc: en:::':::a. 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'" -<i <f< <D o tri <f< I!) N tri -0 c '" ...J C '" o '" > <t Z <{ z !:: c w c: u c c:r W I- en w :E o J: <t Z <{ z > ::2 w '0 o o o as <D W - ~ Q) :E e o cfi~ vI'- U')~ -0>- {l..c "'-0 Q) Q) - 0 ~ -6 -. g~'O ~ I >- (j; g a5 ~ U) 0..- Q) 0 Q) ~r:i::E I- 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. 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III 0:: c:l t<l c:l ZCLl+JI'tlCtQUjjooolt:l.O ZC.oc..r....O.olo.op.,H III 0:: 0 III (1) VlO'" W (1)--1 C.c-1....., t.l III ;:l ;:l III III t<l [il..o.o. ~ 0 .: 0 0 0 >t..?..:lHU,,-:& p.,lJp., p.,p.,0 U :I:p.,00 U III ., Z Z Z 0: >: >: E-< >: 0 0 0 r::: [il t<l 0 [il "- "- "- 111-7 CITY OF SHOREWOOD, MINNESOTA 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 1!1-1O ~ ' I-< W Z .0 H ~ 'J) U ,::: UJN~ E-; ~~'O ~ .::....W ~ ~..'g ZVlO......lll HOZM :>:5'::a:~ o"'tIl~ ~ 8~e;~w 3 Hi:'jU.c ...0::"'....., 5;;;XOl-< =......00 U)f-4 ~I+-l Z '0 ",...g;Ztll o Z~~ ~ g;~~ 8 ~~~ '" w a .~ .., <1l I-< cO 0. 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Ul Ul a ...:l (xl :>: a U z H OJ -00 .., tIl W C [1J X m Q.l UlcO..,E Z+J..-j+J ... '0 OJ "'>.WW w X..j.J)..;:> Ul Wl-<UC C -QJ .,...j Q) o.x Wo. ... 0 cO c E x :> i-I..j..J 0 0 Q) z 0. U tIJ >,+>C+J > rl -+-l W...-j U1 ... cO I-< W W t::::G\..<Q)\..<~\..< Wo.WWW t::::Gco+>..c+> tij(llJ,..jC+>C :::::ClCl..HOH f- a " Z H r-< ..; a: (xl '" a ;\ I a- 00 '"' .... o .... '" .... o '" '" 1'1 N a- "" r- N .... co r- L!1 o L!1 L!1 L!1 N Ul (xl Ul Z ... '" x ... 1'1 r- N '"' r- ~ M r- N ~I "" "" o r- ~ .... 1'1 r- OO ~ ; ~ ~ L!1 N a- r- a- N r- N co 00 .... o M a- .... '"' r- co r- r- L!1 .... a- a- L!1 C) 1'1 ... ::> z ... > (xl a: a: ... = f- a Ul a: (xl '" Ul Z ~ f- [oJ a: a '" ... c:l .-< o I-< .., C <lJ 0 W U U <lJ ...-i Q) (ll 0') > U .., W \..<...-1 OJ Q'I Q) :> IJl rtl \..< <lJ '-' W 3 cO Q.l c: m ..c C..-itDO rtl CU '0 0 cd .~ .c <<:I Q'I C...-IC'O+J U +>.-. c td+>OQlrclQlJ,..jm-....rc1 ..-1 .-. to to ..-1 +J U U ::1 Q.I'-' to to C-' cd Q) to..... OJ u...-i C 0....-\ 0 0 ...-i zc.....J,..juaJrclcra +Jo..o.. +J HO~...-i(llQlJ,..j='HJ,..j-..-iO[JJ I-<J,..j E-t to 0.. ra M ~ +> ~ =' Q)'-' J,..j...-i +> Ql Q.l ~ ~ g.~~2 g 0 ~~.~~'O ~.g:5 W"'tIla:Cl"'UUH3::>~ a:.::a '" a Ul Ul a ...:l ~ f- a f- (xl :>: a U z H ~I 1 gl ~ o o o o .... r- a- N a- r- '" ~ '"' r- N N CIJ co .... ~I ~ '"' .... a- .... '"' ~ 1'1 a- .... r- .... L!1 CIJ r- r- L!1 .... L!11 "" o o "" L!1 ~ a- a- L!1 ; ; C) 1'1 Ul o z ::> '" a: (xl = f- a .... M 0:: >< W a: 00 .:: :>: ::> ... z U .:: ... .., 0 a E-< E-< f- H H U U H H '" '" ... ... o 0 :>: a a: '" Ul a: (xl '" Ul Z ~ E-< " Z H E-< ~ ... '" a Ul Ul a ...:l [oJ :>: a U z H Ul Ul " " z Z H H Z Z a: a: .:: ..; ... (xl o 0 ... ... z Z H H ..; .:: E-< E-< ... ... 0:: 0:: f- ... Z I 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-. .... ...---~- ----.-------------------------------.-------.------- _.-~-~-~~~r;~-.~=~;;--:~~-a~=::.--~..V\:.....-.---f:.X~.~~::~~__-.__=-..----~-~~:~-~E~~~-.:~--.=..-~:~=:-.~::n~-.:.-.~~;;;r/.~=-:-.-~-:.~-=-=- __ P>),? .c:.-:-~____~Y'\O__...___...s)~ 13____.( 1'\0... 5\..\(. w#\'r..:1.. ~o:_.O "". \d l .._____._____._________~------------..--- ... -----... --------- M'___'~ ~_-p~~ \ r.... 't... .. hb;) () ~..... P\ T'\.O ___~t o...U t) \____ . ~'i!......" ~a Lt'I~-.-p..t\ O.____&.c.lP-__ fl '1 ~_______m '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 Cf-.1FC:f{ {:1PPf~C)I,/~~I. L T ST I HG FOF' f'~O\il"j"iF;:=F~ 8, 1. '!93 I1TG ('~~'~EC}<4 Vf~NDnR ~~1AMF r)F::~:(.P T PT T Df! t.," ,e, / ':) (', "..1 c: }.j [: F: il) (': P F: hi C CH'! P :"i (r/ ( ..l ~l r::.) \of r:"! (>: rl F- r.1 I? e., ;.,; C! C (::': }~;'I... F. (:, (I D F};' :.) F i',,! r f',! C. ~;) "r F;; F: [" T :~) T C'~ f",.! ~.:.) 1'/1 {~( j'.,.J I] r~\ i:::J ~< !:) E C;)I.I T P F~F<Eel'il:::\(J Pf< p./u ECHJTP *** T DT (>:L F OF' F (i}:;'! F. (>:f.,lf)FF<:::i=f",! ''? .~~:I 2: "j t~ l~.') l::) t r i:~~ f::l c.~ Fl (\ rJ ~"l T c: ::; (>r ::':~; ~~::: CJ C:: ::::i.H/!P F'!.H'Ir:' C(~rn)S 1 ?c:,;;:'; '.' J F I. F f~'F T i.!H(':F~"] DCjt': CITY H('llql. Ji;>;j'..!TTOPT(':L 1 5'S :::; f:(/ :':l () P CI C h PI:;' n [) L J C: T:':; r i'.1 (:. l Ti'l [-:' ::)T Ci (! F 1 ?c:,f~c:l (('1f:;:G T I L ;:~;(il T D I V IS T CII",!, :::;(~L T ..<~nF~FT r ~)UFJr:'L T ES e C,h5 cCIOr'~'D r i"~(,TF D F:I.JS T iiES:;:) S"/S T 1"1('1 T ['1T C(iriTFi'(jC:T c: (") F) T [ f;: Ft,l F: f'."t T (~:!.,. c: () f'-) 'r F~ (>: c: T i,** TCIT (>:L F: C)F: CCiClh'f! r i'..i!:::T[f) CI. I::;:; T (iF ;';;S J,7Sf~ [:RO~~S-T{~IWt~-'O(~:3~ I~~C_ C rWT::-:' [' ::::: U F' f:l L T F :::~; L ?;,,~} '7 DP T ::::;1< T l. I'::::; :::::;UPF: f:,.' \/P1I.L.I ,:,Dr"i r ii hT G Fd::[ F:F SHi"iT ::;, 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 1--)Fi="JT GEi,: (dJ',n T l:~' (;': I:: [: Cl (.! (>: [''1 D 1...1 r"! T ,.q. (,l ~:.) _, / () :) .? () ,- () (~,; ~,~ ,..' m' .... m'._ ..,. 'w ,,:-: I,J () f; -:i~ _ 1 .? 1 " 3()() , Of) Ii! t-1 :-1. ~ ~71:~ _ '/ (I ~~l 1.)- _, :?~ ':? '~? r;;~ 5 .. () () - ~. ~~, '? "7 ~ .i _ .~:;l I, ~ ~~::t :1, :S .. ~;:~ ,~::I ?)7? .' OCi 7; :-j. r.:.).. .~l(.) (;, <) :'1, ~::I () ')/1 _, (:q) :L {) ~. ()(3 10? _ e)l) '] C) f~ .. () .~~:l f3 _ .~::I:1. e*** TDT,;;jL \/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 T ,....!S,..L r OI.JOFi' L T (~:R T L T TV FOF( f{Ei"J, J (~F;'CHO I,'..ISI...iFi'('1i'.!,CE *** TOTt\L I. ~?S9:Z, Ki'.J.l..iT ~:)Oi'.! SEPV T C:::.S, T ,'J,C:. OCT F<'EC'lC:L 1 He :::) F~ l/d r: Ie;: [) F j'.'iUN RL DC ::::('.!011\1 8, T 1''11.1 i'! R t I) C'; t'/iiH! F;L DC ("IIH.! F:l DC t~I)I'i Iii POLICE P GEr-J. GOVT hl.H',!, EL Del -------- 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. i:) F~ C) F' :::~; E: F~I PROJECTS S,Ei/.JEF" DE :3;. 5'~?'~) _ (~t~ i'? (;,9 ,~, l E(::';Ul.ii'~ (:f: l'iiN C T T T F;::; I.EGp:1 E:EE~:)""hT}{(': V(':TC:H CI PI::::CIE SFF~ P U I~-:) 1,..):<:3 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: ':;,10.4() :~3() _ (I() ~,~~ '} f~ _ () () ~? ~ ~~~f~.(+ .. O~? il'?_4() 1_ -;; ~::17 () _ ~?C) l. i. ) 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 1,,:":0 9 H I"j Ci P THe PI'), r n I~ C' (1 i"j [) H CI ~) ,:; C: T T''!' G :~; :':;1 ~::.~ 1 ,. <) f;; '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,) (, r:\' P :'), r (I. C:: C: (1 t'.) \/ (~ :::-~;T (:; }) (:J ~':':; r:fTY li(< j (~l ()., Ll :1.2~~,O~1 'T'It'11:: S(~VFR OFF ~;I-rl~ SEe: h!' I! I. if I~':< C~ F' r',..! C;; (1 \, "~,>/,/) 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 C.'; F-~ Ci F~ (>1 F:; Fl T C~: :::, :~S~? .~ (;.> ;:s *+* 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. 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