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CITY OF SHOREWOOD COUNCIL CHAMBERS
CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD
MONDAY, OCTOBER 28, 1991 7:00 P.M.
AGENDA
1. CONVENE REGULAR CITY COUNCIL MEETING
A. Pledge of Allegiance
B. Roll Call Gagne
Stover
Daugherty
Lewis
Mayor Brancel
C. Review Agenda
410' 2. APPROVAL OF MINUTES
A. City Council Meeting - October 14, 1991
(Att.No.2A- Minutes) t
B. City Council Meeting - October 15, 1991
(Att.No.2B- Minutes)
3. CONSENT AGENDA - Motion to Approve Consent Agenda and Adopt
Resolutions Therein
A. Motion to Approve a Resolution Approving C.U.P. for
Accessory Space in Excess of 1200 Square Feet
Applicant: Paul Bardine
Location: 6085 Riviera Lane
(Att.No.3A- Resolution, Planner's Memo)
111 B. Motion to Approve a Resolution Approving C.U.P. for
Accessory Space in Excess of 1200 Square Feet
Applicant: Richard Baker
Location: 5235 Howards Point Road
(Att.No.3B- Resolution, Planner's Memo)
C. Motion to Approve Progress Payment Request - A & K
Construction for Southeast Area Water Treatment Plant
(Att.No.3C -Pay Request)
D. Motion to Approve Amending Resolution No. 105 -91,
Approving Special Assessments for Southeast Area Water
Treatment Facility
(Att.No.3D- Resolution)
CITY COUNCIL AGENDA - OCTOBER 28, 1991 - PAGE THREE
13. COMMISSION REPORT
A. Planning Commission
1. Review Applications for Planning Commission
Vacancies and Schedule Interviews
2. Consider a Process for Appointing Members of the
Senior Housing and Services Task Force
B. Park Commission
14. MATTERS FROM THE FLOOR
15. STAFF REPORTS
A. City Attorney
1. Status Johnson vs City of Shorewood
(Att.No.15A -1 -Memo)
2. Discussion of an Amendment to the Penalty Section
of the Zoning Code (Consider Setting a Date for a
Public Hearing)
(Att.No.15A -2- Attorney Memo)
B. City Engineer
C. Planning Director
D. City Administrator
1. AMM 1992 Legislative Policy
411 2. City Policies
(Att.No.15D -2- Administrator's Memo)
3. Update on Public Works facility
4. Update on 1992 Budget
16. COUNCIL REPORTS
A. Mayor Brancel
1. Report of the October 16, 1991 - SLMPSD Coordinating
Committee Meeting
B. Councilmember
17. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
(Attachment Claims List)
10/24/91
JCH.al
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CITY COUNCIL AGENDA - OCTOBER 28, 1991
PAGE TWO
3. CONSENT AGENDA - Motion to Approve Consent Agenda and Adopt
Resolutions Therein - Continued
E. Motion to Approve a Resolution Approving a Letter of
Agreement for Engineering on the Public Works facility
(Att.No.3E- Agreement, Resolution)
F. Motion to Approve a Resolution Accepting Improvements and
Releasing Security - Galpin Lake Woods
Applicant: Jeff Schoenwetter
Location: Bracketts Road
(Att.No.3F- Resolution, Engineers Report)
4. PRESENTATION OF PLAOUE TO DICK SPELLMAN
410 5. RECEIPT OF RESTRICTIONS ON GIDEON'S COVE DOCK RIGHTS AND USE
WITH PENINSULA
(Att.No.5- Planner's Report)
6. PROPOSED ORDINANCE AMENDING CHAPTER 802 OF THE SHOREWOOD CITY
CODE - RELATING TO SNOWMOBILES
(Att.No.6- Proposed Ordinance)
7. PROPOSED ORDINANCE AMENDING CHAPTER 801 AND 902 OF THE
SHOREWOOD CITY CODE - RELATING TO USE OF POLICE VEHICLES
(Att.No.7- Proposed Ordinance, Memo)
8. MOTION TO ACCEPT AND DIRECT CONSIDERATION AND APPROVAL OF PARK
RESERVATION /USER FEES
(Att.No.8 -Fee Schedule)
9. PROPOSED ORDINANCE AMENDING TITLE 400 OF THE SHOREWOOD
• CITY CODE - ADDING CHAPTER 404 REGARDING CONSUMPTION,
PURCHASE AND POSSESSION OF ALCOHOL BY MINORS
(Att.No.9- Proposed Ordinance)
10. REPORT AND CONSIDERATIONS OF RECOMMENDATIONS OF THE
TRANSPORTATION TASK FORCE ON OLD MARKET ROAD
(Att.No.10- Report and Proposed
Resolution)
11. 1992 ANIMAL CONTROL CONTRACT - CITY OF CHANHASSEN
(Att.No.11- Contract)
12. PROPOSED RESOLUTION ADOPTING GUIDELINES AND STANDARDS FOR
SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENT
(Att.No.12- Resolution)
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MUNITECH, INC.
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2373 WILSHIRE BOULEVARD MOUND, MN 55364-1634 Phone: 612/472.2718
Date: October 25, 1991
To: Mr. Jim Hurm
City Administrator
City of Shorewood
5755 Country Club Rd.
Shorewood, MN 55331
Re: High pressure incident, Waterford S.E. Area, Oct. 23, 1991
Memo: At approximately 12:00 noon on Wednesday, October 23, 1991,
we were in process of flushing and checking hydrants in the
Waterford S.E. area. We were closing down a hydrant located at
Sweetwater Court. The operator was closing the hydrant very
slowly. After two turns of the hydrant, the hydrant chattered
twice. The operator opened the hydrant back open, then proceeded
to close the hydrant without further chattering.
We received a call at approximately noon on October 23, 1991 from
a resident of 19930 Sweetwater Curve informing us that their
basement was being flooded. We proceeded to this residence to
shut off the water at the valve below the water meter. In the
meantime, another resident at 19655 Silver Lake Trail called with
the same problem. We shut down the gate valve on the watermain
in the street. This was done to protect the homes where no one
was home at the time, in the event that those meters had broken.
We received two other calls, 19640 Silver Lake Trail (approx.
12:45 p.m.) and from Howard at the City Public Works Dept. at
approx. 2:00 p.m. for 6135 Sweetwater Court.
We checked all homes in the area to see if they had broken meters.
We talked to everyone except two residences who were not home.
There were no other damaged meters. We turned the gate valve on
the watermain back on in the street at 5:15 p.m. approx., then
proceeded to put the curb stop key on the curb stops at the two
residences where no one was home. We listened on the curb stop
to determine that water was not gushing into these homes. We
also proceeded to turn on their outside faucets and watched the
outside meter pulse over indicating that the meters were not
broken. Subsequently, the last two residences were checked.
We have flushed these hydrants in the Waterford S.E. area in the
Spring and Fall since they were installed. We have never had any
problems in the past with the water hammer in this area. All of
our employees are aware that hydrants must be shut down slowly
after flushing. Our operator followed this standard operating
procedure, shutting down the hydrant very slowly.
The question has been raised whether the water hammer problem was
caused as a result of our flushing the hydrant and then slowly
closing the hydrant. This raises another very important question
UTILITY SYSTEM MAINTENANCe . SERVICE FOR ALL MAKES OF METERS . SPECIALIST IN FLOW METER REBUILDING
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that needs to be addressed. What happens if the fire department
needs to use hydrants to fight a fire in this area. Will they be
required to open and close the hydrants very slowly? Will the
opening and closing of their nozzles on fire hose cause water
hammer sufficient enough to cause problems? If in fact, opening
and closing hydrants has become so delicate that normal flushing
procedures that are followed cause water hammer problems
sufficient enough to cause breaking of meters, perhaps pressure
reducing valves should be placed in the main lines as well as the
individual homes.
This memo comments on the coincidence of the hydrant flushing
going on at the same time as the occurance of these-meters break-
ing. It's important to consider that other factors may have
contributed to or been the cause of this incident. In fact, the
"chattering" of the above mentioned hydrant was not felt to have
been severe enough to cause any damage.
There is a great deal of other activity going on in the system
at the present time including addition of watermain, and the
addition of an iron removal plant.
,
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If you have any further questions or wish further comment, please
call me.
From~~
Bob Polston
Munitech, Inc.
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MEMO TO: James C. Hurm, City Administrator
Al Rolek, Finance Director
FROM: Anne P. Latter
DATE:
October 24 , 1991
Damage to Resident Meters Caused by Flushing Hydrants
Southeast Area
RE:
.
Bob Polston, Munitech, called to report four residents may submit
a claim for damages to their homes.
Bob repaired or replaced the meters on the following properties:
Tom Smolarek
19655 Silver Lake Trail
Shorewood, MN 55331
Rick and Sue Calhoun
19640 Silver Lake Trail
Shorewood, MN 55331
Mr and Mrs Vandermark
19930 Sweetwater Curve
Shorewood, MN 55331
Donald Pyatt
6135 Sweetwater Court
Shorewood, MN 55331
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EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL AGENDA
MONDAY, OCTOBER 28, 1991
AGENDA ITEM 3A - This motion approves the conditional use permit at
6085 Riviera Lane for a utility shed bringing accessory space to
1548 square feet, which is in excess of 1200 square feet allowable.
The findings of facts and conclusions are listed in the resolution.
Proper hearing before the Planning Commission has been held.
AGENDA ITEM 3B - This motion. grants a similiar conditional use
permit which will allow accessory space up to 2093 square feet, at
5235 Howards Point Road. Proper public hearing was held before the
Planning Commission.
.
AGENDA ITEM 3C - PaYment Request No.3 for $18,641.28 is for A&K
Construction and has been approved by Noel Vogen, the treatment
plant engineer.
AGENDA ITEM 3D - This resolution reduces the interest rate which
had been established at the previous Council meeting on a special
assessments for the Southeast Area Water Treatment facility, from
8 percent to 7.5 percent. This reduction is realized because of
the excellent interest rate received on our recent bond issue.
AGENDA ITEM 3E - This resolution confirms the action of the City
Council at its last meeting authorizing EOS Engineering to do
utility, grading and site plans for the Public Works facility. The
work is to be done on an hourly basis not to exceed $9,00Q.
AGENDA ITEM 3F - This resolution accepts streets, sanitary sewer,
and storm sewer in Galpin Lake Woods. The Engineer recommends
acceptance of the improvements.
.
AGENDA ITEM 4 - Richard Spellman will be present at the meeting to
receive a plaque of appreciation for ten years of service on the
Shorewood Planning Commission.
AGENDA ITEM 5 - The enclosed memorandum from the Planning Director
attaches the Boyer Building Corporation proposal for use of the
dock and peninsula. Further it lists three main options for the
city Council to consider. Upon reviewing this material the Council
should ask itself, again, what role the Planning commission should
be playing in this review. Perhaps giving some specific directions
to the Planning commission and having them work out the details
would be an efficient way of having the Council's concerns
addressed other than at Council meetings.
EXECUTIVE SUMMARY - PAGE TWO
AGENDA ITEMS 6 & 7 - Two sections of the City Code would need to be
amended as a result of the Park Commission review of the Snowmobile
Ordinance. In your packet you will find a copy of the proposed
ordinance with the new wording underlined, a copy of the current
ordinance with the sections to be deleted crossed out; a memorandum
from Police Chief Richard Young concerning the establishment of a
snowmobile patrol; a letter to the Mayor and Council from John
Arnst, listing his concerns; a copy a second ordinance which needs
to be amended relating to the use of Police vehicles and a copy of
the current ordinance which it replaces. This ordinance is item 7
on the agenda.
AGENDA ITEM 8 - Gordie Lindstrom, Park Commission, will be present
to present the Park and Recreation Reservation/User Fees as well as
the previous items. A Special Committee and the Park Commission
have developed the statement of purpose and basis for user fees
(the first page). This could be adopted by the City Council by
motion. The second page of the memorandum is the proposed
reservation/user fee schedule. This should be referred to staff ~
for inclusion in the fee schedule ordinance which is being prepared
for a later Council meeting.
AGENDA ITEM 9 - This is about the fourth draft of this ord1nance,
regarding the purchase and possession of alcohol by persons under
the age of 21. The Attorney's office and the Police department
feel this is acceptable. The Police department will be represented
to address the City Council on this proposed ordinance.
AGENDA ITEM 10 - In the packet you will find a report of the Old
Market Road Transportation Task Force prepared by chairman Jim
Berdahl. Also enclosed is a report on the 1991 traffic volumns in
the Old Market Road area and a resolution for Council consideration
which requests MnDOT to expeditiously complete the Vine Hill Road
intersection project. Jim Berdahl will be present to give the
committee report.
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AGENDA ITEM 11 - The 1992 Animal Control contract with the City of
Chanhassen is ready for approval. Attached is a proposed amendment
to the contract which resulted from a meeting with representatives
from the City of Chanhassen, Chief Young, Mayor Brancel and myself.
The costs of the services for the year is about $15,000.
AGENDA ITEM 12 - In reviewing City records we have not been able to
find action taken by the City Council adopting guidelines for a
senior ci tizen deferment on a paYment of special assessments.
Reference is made to this in the standard special assessment
notices. Therefore, we have drafted a proposed policy regarding
deferment of special assessments for senior citizens, retired or
disabled persons for the Council's consideration at this meeting.
Income guidelines would be tied to HUD section 8, Low Income
Guidelines. Upon application and meeting these income guidelines
a senior citizen special assessment could be deferred by
.
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EXECUTIVE SUMMARY - PAGE THREE
affirmative City Council action. A short resolution simply
adopting this policy is enclosed in the packet. If you have any
questions or concerns on this policy please call me before the
Council meeting if possible.
AGENDA ITEM 13A-1 and 13A-2 - .We ask that the Council think about
how vacancies for the Planning Commission and Senior Housing and
Services Task Force will be filled. Two vacancies in the planning
Commission should be filled immediately; and the Task Force
position should be filled by the first of the year.
AGENDA ITEM 150-4- Please carefully review the enclosed memorandum
which details the proposal for a staff city Engineer. The bottom
line is that is seems quite clear that operations could run more
efficiently, and we could be more responsive and timely, with a
city Engineer on the staff. Further it seems clear from the
analysis, that it would result in no greater and perhaps less costs
than the current method of consultant engineering. It needs to be
clear that this position will not alleviate the need for consulting
engineering nor will the total costs. of engineering services be
significantly different. with Council concurrance the required
1992 Budget adjustments would be made and the engineering
department budget would become part of the 1992 proposed city
operating budget with no effect on the City property tax levy.
10/25/91
JCH.al
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, OCTOBER 14, 1991
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 1
M I NUT E S
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1. CALL TO ORDER
Mayor Brancel called the meeting to order at 7:30 P.M.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Present: Mayor Brancel, Councilmembers Gagne and
Daugherty and City Administrator Hurm, City Attorney
Sellergren, City Engineer Dresel and City Finance Director
Rolek.
.
Absent:
Councilmembers Stover and Lewis, City Pl~nner Nielsen.
C. REVIEW AGENDA
Gagne moved, Daugherty seconded to approve the Agenda. .
Motion carried - 3/0
2. APPROVAL OF MINUTES
A. City Council Meeting - September 23, 1991
Gagne moved, Daugherty seconded to approve the City Council Minutes
of September 23. 1991 with the following correction:
.
1.
Pg. 2 - Resolution No. 102-91 is the approval of the Gideon's
Cove Concept Plan.
Motion carried - 3/0
B. City Council Meeting - September 30, 1991
Gagne moved, Daugherty seconded to approve the City Council Minutes
of September 30, 1991.
Motion carried - 3/0.
3. CONSENT AGENDA
Mayor Brancel read the following Consent Agenda:
A. Motion to Direct Staff to Prepare Findings of Fact for a
C.U.P. for Accessory Space in Excess of 1200 Square Feet.
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REGULAR CITY COUNCIL MINUTES
OCTOBER 14.1991 - PAGE 2
Applicant:
Location:
Richard Baker
5235 Howard's Point Road
B. Motion to Direct Staff to Prepare Findings of Fact for a
C.U.P. for Accessory Space in Excess of 1200 Square Feet.
Applicant:
Location:
Paul Bardine
6085 Riviera Lane
C. Motion to Extend Deadline - Notice to Remove
Applicant:
Location:
Kris Lorsung
23985 Smithtown Road
D. Motion Approving the Waiving of Parking Restrictions on
Christmas Lake Road
.
Applicant:
Location:
Jan Bredeson
5960 Christmas Lake Road
E. Motion to Approve Partial Pay Request - Hardrives, Inc.
Old Market Road
F. Motion to Approve the Signal Agreement with MnDOT for Old
Market Road Intersection
Gagne moved, Daugherty seconded to approve the Consent Agenda Therein.
Motion carried - 3/0.
.
4. 7:00 P.M. - PUBLIC HEARING ON PROPOSED LEVY FOR SHADY HILLS STORM
SEWER IMPROVEMENTS
Mayor Brancel opened the Public Hearing at 7:06 P.M.
Finance Director Rolek presented the information concerning Special
Taxing District # 2 - Shady Hills.
Rolek explained the boundaries of the district and the chronology of
events leading to this hearing.
He said the legislature allows the establishment of drainage districts
because it is often hard to prove benefit in drainage projects.
He said the $31,000 bonds for the project were sold in August and each
parcel in the district will be assessed from $163 to $1200 for the first
year tax levY, according to the value of the property.
Brancel opened the public portion of the hearing at 7:13 P.M.
PAT MALMSTEN
5350 SHADY HILLS CIRCLE
Malsten said he has lived in the area for 30 years and believes the
project is needed. However, he objects to basing the assessment on the
value of the home.
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REGULAR CITY COUNCIL MINUTES
OCTOBER 14,1991 - PAGE 3
City Engineer Dresel explained that it is hard to show benefit to people
who live on the high areas of a drainage district. He said the law
states it is to be done by a tax levY.
He also said there is some justification for taxing on the value of a
home because the homes are usually larger and there is more runoff.
TOM HEIMER - 5215 SHADY LANE
Heimer said this project should be a City maintenance project.
Dresel said the entire City road maintenance budget i~ $200,000. The
Shady Hills project will cost $31,000 and this is too large to be
strictly a maintenance project.
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MARTIN SKROG - 5210 SHADY LANE
Skrog said the methodology is unfair. He said the levY should be same
for all residents.
Brancel closed the Public Hearing at 7:22 P.M.
City Attorney Sellergren informed the Council that no action is
necessary, this hearing was informational.
Councilmember Daugherty asked Sellergren if the levy can be imposed
equally among the residents.
Sellergren said all other taxes are imposed on an ad valorem basis.
.
Councilmember Gagne said the project was originally discussed as a
maintenance project but the whole pipe needed to be replaced and the
project became larger.
5. 7:15 P.M. - PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR WATER
TREATMENT PLANT FOR SOUTHEAST AREA
Brancel opened the Public Hearing at 7:24 P.M.
Rolek presented the chronology of events leading to the Public Hearing.
Rolek said the plant is under construction and is expected to be
completed in November.
He said the cost of the project was divided among 431 equivalency units
or lots of 20,000 sq. ft.
Rolek said the notices of the Public Hearing were vague about the manner
of payment of the assessment. He said the cost does not have to be pre-
paid, the assessment is spread over a 10 year period at an 8% interest
rate. Each unit will be assessed $1012.76 per year for 10 years.
REGULAR CITY COUNCIL MINUTES
OCTOBER 14.1991 - PAGE 4
NOEL VOGEN - ASSOCIATED CONSULTANTS
Vogen explained that the water in the S. E. Area has a high iron content
of 2 parts per million which can cause clouding and smell but presents
no health hazard. He said they are installing an iron removal filter
which should remove most of the iron.
Gagne asked when the residents should be able to use the filtered water
in their homes.
Vogen said the water should be flowing from the tower in about 2 months
or sooner if the system is flushed. Dresel said that flushing the
system may also dislodge debris.
Brancel opened the hearing to the public at 7:36 P.M.
MATTHEW ALLEN - 19460 ELBERT PT.
.
Allen asked if the Waterford III development will be included as an
equivalency unit. Rolek said it will be assessed as 2 residential and 2
outlot which will have 16 equivalency units.
RICK BERNETT - 6040 CHESTNUT CT.
Bernett said the memo to residents was unclear about the assessment. He
asked if an equivalency unit is equal to a residential lot. He also
asked if the City considered other forms of allocating the assessment,
such as an assessment based on water use.
Rolek said several options were considered. A water rate increase was
considered, however, not all water users will benefit from this system.
.
Bernett said, prior to this memo, he had received no further mention of
the project since September 1990.
DICK D. MAHAFFEY - 6020 CHESTNUT CT.
Mahaffey said he is glad the Council is taking action and asked if all
the water systems will be connected.
Mayor Brancel said the Council is considering a City water system.
Mahaffey asked if this system can be connected to Minnetonka.
Dresel said it can connect to Minnetonka or Chanhassen.
Mahaffey said many new residents will benefit from this project that is
currently being assessed to the residents. He asked if new houses will
also pay the assessment.
Rolek said vacant lots will also be assessed for the project.
City Administrator Hurm said the Council has examined the possibilities
of a City water system. In the event this occurs, the Shady Hills area
could receive an abatement, however, future Councils will have to decide
this.
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REGULAR CITY COUNCIL MINUTES
OCTOBER 14.1991 - PAGE 5
Daugherty said the S. E. Area will not pay for the City system because
it already has a water system. A possible abatement for this project
would not occur until years 7 - 10.
Mahaffey said a City water system is a positive step. There can be a
reduction in fire insurance.
DOUG MALAM - 6140 MCKINLEY CIRCLE
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Malam said there was no prior notice sent regarding this assessment.
Rolek said the City is not obligated to inform the residents by mail
regarding pending assessments. He said a notice was sent regarding the
hearing on the Feasibility Study and a notice was sent for this
assessment hearing. A potential buyer can request an assessment search
from the City.
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KIRK SHERMAN - 6105 MCKINLEY CIRCLE
Sherman asked Vogen what changes he can expect in the water.' His
biggest problem is the smell.
Vogen said the smell should be eliminated by removing the iron.
Sherman also said he was concerned about the calculation of interest and
why the interest accrued to Nov. 15th and asked if this is consistent
with other taxes.
Rolek said the State establishes the cut-off date for pre-payment of the
assessment, after which the annual assessment installment is added to
property taxes then the assessment is allocated per unit. If a resident
wishes to pre-pay after the established date, they will pay with
interest accrued.
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Sherman said the memo was very unclear and not enough notice was
received after the feasibility study. He said there should be better
communication.
Daugherty said he received many phone calls about the assessment notice
and the City should reevaluate its procedure.
DON GREENWOOD - 19380 MCKINLEY COURT
Greenwood asked if there is a limit on the assessment before a
referendum is held.
Sellergren said a referendum is not held for these projects. He said
there is an elaborate process of informing the public before the
projects are started.
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REGULAR CITY COUNCIL MINUTES
OCTOBER 14.1991 - PAGE 6
Greenwood said he was informed of this assessment at the closing on his
house and he does not think there was very good communication about the
assessment.
LOUISE BONACH - 19625 SWEETWATER
Bonach asked what will happen when the Shady Hills area connects to the
system.
Rolek said the Shady Hills area is not being assessed for this project
because it is on a separate water system. OnlY the people who are
currently on the S. E. Area system are being assessed.
Bonach said there was no problem with the water until the area connected
to the Shorewood water tower. She said she resents the fact that the
Shady Hills area is not included in the assessment.
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JIM BERDAHL - 19205 WATERFORD PLACE
Berdahl asked when the Shady Hills area will connect to the S. E. Area
well. .
Dresel said late next year when the Waterford III development is
started.
Berdahl asked how it is determined who will be assessed. Dresel said
the Council decides. Berdahl also said the Shady Hills area should be
included in the assessment.
Hurm said the decision was based on who would immediately benefit.
Gagne said the well needed immediate work. so only the residents who
immediately benefited were assessed. He also said the reason the area
was taken off the Minnetonka system was because Minnetonka would only
allow the development to use their system until a well was dug and then
insisted they connect to the well.
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CATHY SCHAUS - 6020 WHITNEY CIRCLE
Schaus asked why the water in the S. E. Area is so bad and not in other
areas.
Dresel explained that there are 7 other wells in the area and they are
in different parts of different aquifers.
Schaus said. as far as she can tell. this is the first hearing on this
assessment and it doesn't look as if this hearing will change any of the
assessments
Rolek said this hearing is held to object to the assessment and he told
Schaus she can contest the assessment if she thinks the assessment 1S
unjust or does not add to the property value in the amount of the
assessment.
Schaus said she objected to the manner in which the assessment was done
and wondered if additional water softening will be necessary.
Vogen said she may not need water softening, however. the plant is not a
water softener. He said the iron filter should handle any odor or
discolor.
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REGULAR CITY COUNCIL MINUTES
OCTOBER 14.1991 - PAGE 7
DAVID GARVIN - 19320 WATERFORD PLACE
Garvin said he moved to the area in 1987 and thought all assessments
were in and paid. He has since experienced cloudy water. had to replace
a valve in the pipe and found out an intersection was to be constructed.
He said he decided to move from the area and put his house up for sale.
He was recently told by the real estate agent to reduce the price of the
house by $30.000. He said the $1012.76 assessment will not enhance the
value of his house.
DON GREENWOOD asked if it is normal procedure to start a project before
the assessment hearing.
Hurm said this is the statutory process and there was an earlier public
hearing about the project.
.
Sellergren said the City can provide the assessment rate before the
project is started, however. this procedure is more routine.
Hurm said the project estimate was given at an earlier public hearing.
He said months went by before the project was started and the assessment
roles established.
BONACH said there were a large number of people at the prior public
hearing and the cost of the project is about the same as the estimate.
Paul Difuccia - 19700 Muirfield Circle expressed his ideas in writing.
He said he purchased his home in 1990 and was given no notification of
the pending assessment. He said there was poor communication between
the City and residents.
.
Mr. & Mrs. Alan P. Bates - 19215 Covington Court also wrote a letter to
protest the assessment.
Simon Oosterman - 19365 Waterford Place expressed his opinion in writing
that the Shady Hills area should be included in the assessment.
Brancel closed the Public Hearing at 8:32 P.M.
Gagne said many meetings were held concerning this project.
Daugherty said the feedback from the residents indicated they wanted the
problem fixed immediately. There were very few people at the last
public hearing that were against it.
Daugherty moved, Gagne seconded to adopt RESOLUTION NO. 91-105 "A
Resolution Approving Special Assessments for Southeast Area Water
treatment Facility. II
Motion carried - 3/0.
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REGULAR CITY COUNCIL MINUTES
OCTOBER 14,1991 - PAGE 8
6. SHOREWOOD OAKS DRIVE/OAK LEAF TRAIL SPEED STUDY
Monique Droege said she received no further reports from the City or the
Police Dept. regarding speeders on Shorewood Oaks Drive.
Gagne said the police speed study does not indicate that there is a lot
of speeding on the road.
.
Droege said the police were very visible and that potential speeders did
have time to slow down. She said she 'still-sees a lot of traffic and
there is still a problem. Droege said there are 61 children in the area
and 33 under the age of 5.
She said the City should take resident's request for stop signs
seriously. Droege informed the Council that they can install stop signs
even if the police do not approve.
Droege said the maintenance of a 30 MPH speed limit. instead of the 15
MPH requested by residents. protects the drivers.
Brancel said the residents can install sidewalks as a way to protect the
children.
Daugherty asked Sellergren if there are any legal ramifications if a 15
MPH speed limit is established. Sellergren said there is no problem
unless there is a policy change. .
Brancel said officers cannot enforce this limit.
Daugherty said it will encourage drivers to slow down.
Droege said stop signs are the only way to slow down drivers.
She also said residents are angry that "Slow Children" signs were not
recommended by the State because they give a false sense of security.
She said residents feel this is a "cop out".
Daugherty said the City should place the stop signs requested by the
residents and then consider the speed limit and advisory signs.
.
Brancel said a stop sign in the middle of the road will set a precedent.
They are not recommended by the State or the Police Department. The
Covington/Vine Ridge area will also want these signs.
Hurm recommended the Council not place a stop sign and then remove it.
He said the placement of a stop sign should be taken seriously. If a
sign is placed in an area. such as the middle of a road. where drivers
are not expecting a sign. it can create more problems than it solves.
He said traffic engineers do not recommend this approach and he does not
recommend this placement.
Daugherty said the City should place a stop sign at Burlwood Court and
Shorewood Oaks Drive and then get feedback from the residents.
Brancel reiterated her objection.
Daugherty moved. Gagne seconded to approve the placement of two stop
signs at the intersection of Burlwood Court and Shorewood Oaks Drive.
Motion carried - 2/1 (Brancel)
8
REGULAR CITY COUNCIL MINUTES
OCTOBER 14.1991 - PAGE 9
Gagne said there has been a complaint that Shorewood Oaks residents
stand in the street.
7. SIGNAGE REQUEST COVINGTON/VINE RIDGE AREA
Hurm said the residents have requested 5 "Slow Children" signs in the
area. A police speed study was done and there were no violations.
Gagne said drivers will watch for children if the signs are placed.
Dresel said studies have consistently showed that these signs are
ineffective and traffic engineers don't recommend there placement.
Daugherty said a 4 way stop sign has been placed in the area and that
the "Slow Children" signs are not needed.
Gagne moved. Daugherty seconded to deny the request for "Slow Children"
signs in the Covington/Vine Ridge area.
.
Motion carried - 3/0
8. PROPOSAL FOR LAKE MINNETONKA MANAGEMENT PLAN - LMCD
Gene Strommend Director of the LMCD explained the revised Lake
Minnetonka Management Plan. He said the lake area cities are the key to
the plan. He said three cities have questioned the plan. Therefore,
the plan was revised in the areas of tax levy and the user fees were
increased and more grant money will be sought.
Daugherty asked about the administrative costs.
9. DISCUSSION ON RILEY - PURGATORY CREEK WATERSHED DISTRICT - SUE
SCRIBNER - Refer to Staff
.
Brancel said a portion of Sweetwater is in the Riley-Purgatory Creek
Watershed District and not the Minnehaha Creek Watershed District. The
City has been informed they can apply to the Watershed District for
money The matter has been referred to staff.
10. RECEIPT OF RESTRICTIONS ON GIDEON'S COVE DOCK RIGHTS AND USE WITH
PENINSULA
Brancel said the report on the uses of the peninsula was not delivered
in time and will be discussed at a later meeting.
11. COMMISSION REPORTS:
A. Planning Commission
There was no report.
9
REGULAR CITY COUNCIL MINUTES
OCTOBER 14.1991 - PAGE 10
B. Park Commission
Gordon Lindstrom. Park Liaison reported that the Sept. 24th
meeting with area sports organizations and Minnetonka
Community Services was successful. He said a presentation was
made by the City Administrator and the park video was shown.
He said the Park Commission discussed financing park
improvements through the referendum, user fees and the
general fund.
He said the Park Commission will make a recommendation
regarding the Snowmobile Ordinance at the next Council
meeting.
.
12.
MATTER FROM THE FLOOR
There were no matters from the floor.
13. STAFF REPORTS:
A. ATTORNEY'S REPORT
1.
Proposed Ordinance on Consumption of Alcohol
Under Age 21
.
Sellergren said he has prepared a proposed Ordinance
on the Consumption of Alcohol Under Age 21 as requested
by the Police Department.
Gagne asked why this is being done. Sellergren said
there is no Ordinance addressing this problem in the
Ci ty Code'. He said a final copy wi 11 be avai lable at
the next meeting.
He also said the City can revise the forms of notice to
residents concerning assessment for compliance and
clarity.
Hurm said the notice should state the options a resident
has concerning payment of the assessment.
B. ENGINEER'S REPORT
The Engineer had no report.
C. PLANNING DIRECTOR'S REPORT
The Planning Director had no report.
10
REGULAR CITY COUNCIL MINUTES
OCTOBER 14.1991 - PAGE 11
D. ADMINISTRATOR'S REPORT
1. Administrator's and Architect's Report on Public
Works Facility
Hurm said the architect for the Public Works Facility
will need to work with the City Engineer on site and
grading plans.
Gagne moved. Daugherty seconded to authorize OSM to work with the Public
Works Facility and the architects to~develop the site. and the utility
and grading plans and specifications. at an hourly rate not to exceed a
total cost of $9.000.00
Motion carried - 3/0
.'
Daugherty asked if the fees have been paid for the grading
work on the salt shed.
Hurm and Dresel said they have been paid.
2. Update on 1992 Budget
Hurm said there is no update on the budget at the present
time.
3. City Policy - Mr. William Kelly
Hurm said Sellergren will respond to Mr. Kelly's letter.
Gagne said the City should look into publishing the
agenda in the paper.
.
4. Rescheduling the October 28th Public Hearing on Pine
Bend and Howard's Point Roads.
Gagne moved. Daugherty seconded. to adopt RESOLUTION NO. 106-91 IIA
Resolution Rescheduling the Public Hearing on Proposed Assessments for
Project No. 91-11. Watermain Extension. Street Construction and
Appurtenant Work. Pine Bend and Howards Point Roads. II and setting the
date for Nov. 4. 1991 at 6:30 P.M.
Motion carried - 3/0
14. COUNCIL REPORTS.
A. MAYOR BRANCEL
1. Recommendation on Joint Prosecuting Attorney with
City's of Excelsior. Shorewood. and Tonka Bay.
Brancel said Kenneth Potts was selected as prosecuting
attorney.
11
REGULAR CITY COUNCIL MINUTES
OCTOBER 14.1991 - PAGE 12
Gagne asked if Shorewood's law firm had been approached.
Brancel and Hurm said they did make a bid but the price
was considered too high.
Brancel moved. Gagne seconded to direct Hurm to draw UP an agreement
with Kenneth Potts to be the Joint Prosecuting Attorney for Shorewood.
Tonka Bay. Excelsior and Greenwood.
Motion carried - 3/0
Gagne said Hurm should be sure Shorewood does not for pay more
services than it gets.
B. COUNCILMEMBER GAGNE
No report.
.
E.
COUNCILMEMBER DAUGHERTY
No report.
15. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS
Gagne moved. Daugherty seconded to adjourn the meeting at 9:50 P.M.
GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02
Checks issued since September 20, 1991
Check No. 7615~7712
LIQUOR
. $ 81,705.95
TOTAL CHECKS ISSUED
GENERAL
$ 79.683.978
$161,389.92
Checks for Council approval
Checks No. 7713-7766
TOTAL CHECKS FOR APPROVAL
$ 103,193.56
TOTAL CHECK APPROVAL LIST
$264,583.48
CHECK REGISTER FOR SEPTEMBER 24. 1991 PAYROLL
Checks no. 205488/205524
1?
.
.
REGULAR CITY COUNCIL MINUTES
OCTOBER 14.1991 - PAGE 13
LIQUOR
$3.249.54
CHECK REGISTER FOR OCTOBER 8. 1991 PAYROLL
Checks No~ 205525/205564
LIQUOR
$3,133.33
RESPECTFULLY SUBMITTED
Katie Snyder
Recording Secretary
CITY ADMINISTRATOR JAMES HURM
13
GENERAL
$12,798.23
TOTAL CHECKS ISSUED
$16,047.77
GENERAL
$13,396.22
TOTAL CHECKS ISSUED
$16,709.55
MAYOR BARBARA BRANCEL
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TOPIC: Public Hearing on Proposed Assessments for Water Treatment
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COUNCIL MEETING
PUBLIC INPUT FORM
TOPIC: Public Hearing on Proposed Assessments for Water Treatment
DATE: Monday, October 14, 1991
TIME: 7:15 PM
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PUBLIC INPUT FORM
TOPIC: Public Hearing on Proposed Assessments for Water Treatment
DATE: Monday, October 14,1991
TIME: 7:15 PM
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DATE: Monday, October 14, 1991
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TOPIC: Public Hearing on Proposed Assessments foi' W~ter Treatment
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TOPIC: Public Hearing on Proposed Assessments for Water Treatment
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PUBLIC INPUT FORM
TOPIC: Public Hearing on Proposed Assessments for Water Treatment
DATE: Monday, October 14,1991
TIME: 7:15 PM
PLACE: Shorewood City Hall - 5755 Country Club Road, Shorewood
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CITY OF SHOREWOOD
SPECIAL CITY COUNCIL MEETING
TUESDAY, OCTOBER 15, 1991
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 1
M I NUT E S
1 . CALL TO ORDER
Mayor Brancel called "the meeting to order at 7:00 P.M.
A. ROLL CALL
-
Present: Mayor Brancel, Councilmembers Gagne,
Daugherty and Lewis, City Administrator Hurm and City Finance
Director Rolek.
Absent:
Councilmember Stover
. 2.
AWARD BID - $960,000 G.O. BONDS
RESOLUTION NO. 107-91
BOB THISTLE - SPRINGSTED stated that the bonds were to be used for
the S. E. Area Water project, the Church Road Improvement project
and the Pine Bend Water project and included in the offering is a
refinancing of a 1986 bond.
He said Springsted had estimated the bond bid price to be in the
area of 6.18%, however. they sold at 5.61%.
He recommended accepting the low bid of Dain, Bosworth
Incorpora~ed and Associate at 5.6098% with a net interest cost of
$309,661.25.
.
Daugherty and Gagne asked Thistle why the bond price dropped.
Thistle said there were a lot of reasons including a drop in the
prime rate and a greater interest in short term investments.
Gagne moved, Daugherty seconded to adopt RESOLUTION NO. 107-91 "A
Resolution Awarding the Sale of $960,000 General Obligation Improvement
Bonds, Series 1991A; Fixing Their Form and Specifications; Directing
Their Execution and Delivery; and Providing for Their Payment."
Motion carried - 4/0
Thistle said the City of Shorewood currently has an A rating from
Moody's.
City Administrator Hurm said the City could lower the interest rate
on the assessment passed on October 14, 1991 for the S. E. Area
Water Treatment Plant because of the favorable rate received for
this bond issue.
The Council directed Hurm to prepare a resolution for the Oct. 28
Council meeting lowering the interest rate on the S. E. Area Water
Treatment Assessment to 7 1/2%
~13
1
.
.
SPECIAL CITY COUNCIL MINUTES
OCTOBER 15. 1991 - PAGE 2
3. ADJOURNMENT
Gagne moved, Lewis seconded to adjourn the meeting at 7:18 P.M.
Motion carried - 4/0
RESPECTFULLY SUBMITTED
Katie Snyder
Recording Secretary
MAYOR BARBARA BRANCEL
CITY ADMINISTRATOR JAMES HURM
2
.
.
10/22/91
RESOLUTION NO.
A RESOLUTION GRANTING A CONDmONAL USE PERMIT
FOR ADDmONAL ACCESSORY SPACE TO PAUL BARDlNE
WHEREAS, PAUL BARDINE (Applicant) is the owner of real property located at
6085 Riviera Lane, in the City of Shorewood, <;:;ounty of Hennepin, legally described as:
Lot 4, Block 1, Marllynwood
and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for
the construction of a utility shed, the area of which, when added to the area of exisJ.ing
accessory space, will bring the accessory spac,e up to 1548 square feet; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceedif!,g 1200 square feet; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
26 September 1991, which memorandum is on me at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 1 October 1991, the
minutes of which meeting are on me at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their
regular meeting on 14 October 1991, at which time the Planner's memorandum and the
minutes of the Planning Commission were reviewed and comments were heard by the
Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
3A
FINDINGS OF FACT
. 1. That the total proposed accessory space (1548 square feet) does not exceed
the floor area above grade of the principal structure (1556 square feet).
2. That the total area of accessory space does not exceed 10% of the minimum
lot area for the R-lA Zoning District in which it is located (4,000 square feet).
3. That design and materials of the utility shed are consistent with the
architectural character of the existing home.
4.
District.
That the proposed shed complies with all setback requirements for the R-lA
CONCLUSION
1. That the application of Paul Bardine for a Conditional Use Permit as set
forth hereinabove be and hereby is granted. :
2. That the City Administrator/Clerk is hereby authorized and directed to
provide a certified copy of this Resolution for fIling with the Hennepin County Recorder or
Registrar of Titles.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28th day of October,
1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
.
.
.
.
10/22/91
RESOLUTION" NO.
A RESOLUTION GRANTING A CONDmONAL USE PERMIT
FOR ADDmONAL ACCESSORY SPACE TO RICHARD BAKER
WHEREAS, RICHARD BAKER (Applicant) is the owner of real property located at
5235 Howard's Point Road, in the City of Shorewood, County of Hennepin, legally
described in Exhibit A, attached; and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for
the construction of an attached garage, the area of which, when added to the area of
existing accessory space, will bring the accessory space up to 2093 square feet; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit f01 the
construction of accessory space exceeding 1200 square feet; and
,
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
30 September 1991, which memorandum is on flie at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 1 October 1991, the
minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their
regular meeting on 14 October 1991, at which time the Planner's memorandum and the
minutes of the Planning Commission were reviewed and comments were heard by the
Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows: .
3E:>
FINDINGS OF FACT
1. That the total proposed accessory space (2093 square feet) does not exceed
the floor area above grade of the principal structure (3080 square feet).
2. That the total area of accessory space does not exceed 10% of the minimum
lot area for the R-1A/S Zoning District in which it is located (4,000 square feet).
3. That the proposed garage is designed to be an integral part of the principal
dwelling and is consistent with the _architectural character of the existing home.
4. That the proposed garage complies with all setback requirements for the
R-1A/S District.
CONCLUSION
.
1. That the application of Richard Baker for a Conditional Use Permit as set
forth hereinabove be and hereby is granted.
2. That the City Administrator/Clerk is hereby authorized and directed to
provide a certified copy of this Resolution for filing with the Hennepin County Recorder or
Registrar of Titles.
..
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28th day of October,
1991.
.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
LEGAL DESCRIPTION
.
"Lot 2, Rowards Point, except that part lying northerly of the- following described
line: Commencing at the northeast corner of Lot 3, Rowards Point; thence westerly
along the northerly line thereof 60.8 feet; thence south at right angles from said north
line 37.15 feet; thence south 18 degrees 35 minutes east 14.7 feet to the point of
beginning of the line to "be described; thence northeasterly in a straight line to a point
on the north line of said Lot 2, said point being 188.2 feet east of the northwest
corner thereof, according to the plat thereof on fIle or of record in the offIce of the
County Recorder, Hennepin. County, Minnesota.
ALSO
.
An that part of Lot 3, Howards Point lying southerly of the following described line:
Commencing at the northeast corner of Lot 3, Howards Point; thence westerly along
the northerly line thereof 60.8 feet; thence south at right angles from said north line
37.15 feet; thence south 18 degrees 35 minutes east 14.7 feet to the point of
beginning of the line to be described; thence northeasterly in a straight line to a point
on the north line of Lot 2, said Addition, said point being 188.2 feet east of the
northwest corner thereof, according to the plat thereof on" :file or of record in the
offIce of the County Recorder, Hennepin County, Minnesota."
P .LN. 30-117-23-44-0004
Exhibit A
ASSOCIATED CONSULTANTS
. ENGINEERS, INC.
3131 Fernbrook Lane North
MINNEAPOLIS. MINNESOTA 55447
\ \ Wr~\
~C\
(612) 559-5511
TO City' of Shorewood
5755 Country Club Road
~hnrpwnnn. MN 553~1
WE ARE SENDING YOU. "[X Attached o Under separate cover via
o Shop drawings
o Copy of letter
o Prints
o Change order
o Plans
o
DATE
NO.
Progress Payment Request Estimate No. 3
DESCRIPTION
THESE ARE TRANSMITTED as checked below:
[L~irir~OO @[F' 1JOO6.\~~1NI0irir6.\[L
DATE .
JOB NO.
10-10-91
91458
ATTENTION
RE,
the following items:
o Samples
o . Specifications
c Resubmit
copies for review
0 For approval 0 Approved as submitted o Resubmit_copies for approval
. 0 For your use 0 Approved as noted 0 Submit-----.:..copies for distribution
0 As requested 0 Returned for corrections 0 Return_corrected prints
0 For review and comment 0 Reviewed as noted c Reviewed - no notes
0 FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
-.cr,~e3 I_I.... _... oint.
. If .nc/o.UI'll. .~ not .. noted. kindly notify u. at once.
SIGNED:
Noel'vogen I P. E. ~
.3~.
PROGRESS PAYMENT REQUEST
OCT 1 \ \83\
Contractor:
A & K Construction
9038 - 110th Street North
Stillwater, MN 55082
Date: October 10 , 1991
Project Estimate
No.: 91458' No.: 3
Owner or Purchaser:
City of Shorewood
5755 Country Club Road
Shorewood, MN 55361
From September 11, 1991
To October 10, 1991
DETAILED ESTIMATE
WORK DESCRIPTION
UNIT PRICE
VALUE COMPo
TOTAL COST % COMPo WORK
See attached
$337,000.00
28%
$95,594.40
Original Contract Cost $337,000.00
Approved Contract Amendments:
.
No.
No.
No.
$337,000.00
SUMMARY
,
Value of completed work and materials stored .
Less retained percentage (5%) ..... . . .
Net amount due including this estimate . . . .
Less estimate previously approved:
. .$95,594.40
. .$ 4,779.72
. .$90,814.68
No. 1
No. 2
No. 3
No. 4
No. 5
8-14-91
9-16-91
$46,180.21
25,993.19
No. 6
No. 7
No. 8
No. 9
No.10
.
Total Previous Estimates. .$12,173.40
Net Amount Due this Estimate. .$18,641. 28
BY:
Contractor:
Date:
Date:
October 10, 1991
,~
OST- ~-9~ WED ~0:26 A~K CONSTPUCTION
P.';:'':;
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12.
13.
14.
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17.
1.8.
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21.
:22.
23.
~14.
25.
2.'- .
27.
2~.
COST BREAKDGiN
SHltln'
1
2
-HKU.
0..
ESTIMAT! FOR PARTIAL PAYMENT NUM8ER TH?3 (3)
WA....~ 'l'?:;A.T~~'T Pt.1NT FCR S.Ef AREA. WEtL_P.'7 FCP:-t;:t.TI...QI.. SHawROOD. Iffi'lNESC7l'A
FOR. THE PERIOD.
Se'C't.ember 11. 1991
_ TO
October 10. 199~
, INCL.
OETAILED ESTIMATE
WORK PERFORMED TO CATE
--
---
Ho. 01' u~,~ UNfT .."Ie. cONTnACT AMOUHT
HO. UHI~ AMOUNT EAnNED t.c. C=~.4~
-
5.977.00 lee
4.00<1,00 .. ,.."
~\,:,-
1o.9CC.r.O !ocr
17.175.ca ' "('0
-'~,-
9,0CA.L..O \ ~,..
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-, .
I. . f. 00 . 00 lrc.
1.,(.CO. CO ' ('~
-"'~
.
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1,2'i('1.00 - -
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OCSC'U"'OH
Eond a Insuranc8
Demolit.ion
Eld~. Exes? & Back 111
Concret8 l10rk
lIJ'l.~onry Work
Dl!II\pproofing:
Preca~t 7loor Slab
?:-'3cast noof Sl,.,b
RoofL~~ ! Sheet Metal
Carpentry
Coor & Hardware
Cau1kin~
PuntinR:
ff.i~c. ?~et&l.!, Ladder, Crat~
Sileo Flatch
Land~capin~
louver! & Dampers
Ret~:1intt Wall
Tonks ri1te~ & Aeceseor~es
'ilter Medi&
F.au!., Set & Load filter
Filt.er V'!.lV8S, 71owmetE!I-. A.re"tor )
lace ?ipin~, Chemicsl Veed )
U.G. Pipe, '1ttin~ ~~puves '
Abov'e ~ound Pipe, ritt~c:! & Val~e8
A.ir operat.ed Sludp;e PunIP
?ecyc1inq: Pump
~ ( 2) 5 \:!l\t=S
!lectricu
5,977.00
k,COO.OO
6,900.00
37,375.00
11,?5~.0()
1,150.~
4,600.00
4 , ~ 00. 00
5,390.00
1.380. co
1,lCO.OO
6~0.00
A , 116 . CO
1,150.00
1,438.00
~,5CO.OO
1,100.00
f" 5CO. 00
115,762.00
8,)S9.CO
6.600.00
1.5,1./-19.00
11,OCO.00
23,C1.~.00
1, 5kO. CO
1,540.00
41.0. co
14,000.00
ll.cco.oa ' --
-'-
1,'3~Io.CO ^
I _.
1,3P~.O() I c
'3 c;,( . 00 c.
Total Contract lmount
$337,000.00
9;,594.40
TO~Al completed to dat :
'1
OST- 9-91 WED 10:27 A&K CONSTRUCTION
f>.ca::
STATUS OF CONTRACT
Original Contract Amount
~~~'Z,l"On.00
Extras approved to dat~
Crcdit3 approved to dat,.
Net a.mount of Contract this datf"
To the best of my knowledge ~nd belief, I certify that all items, units, quantities and prices of worle and ma.terial shown
on the race of Sheets No. 1 ~n'" 2 ._ _ _of this Periodic3.1 Estimate are c:ort'e(:t; that all work has b~~:'\
~r!ormed and rnaterials supplied in full a.ccordance with the tel'tN and conditionsol the corresponding eonstruction ('on-'
Certificate of the Contiac~or or his duly Authorized RCOJrcentanve
tract documents betwce%' Cit"f of' Sl1orl3WOod. !~ ' (Owner)
and A.!. ~ ConetrucUon, Inc. ' d.....' ,'n'" L.., 19~ and all ..thoriA
changes thereto; that the following is a I true and correct statement oc~e ntr:ld account up to, and including, the I~t
day of the period covered by this estimate, and that no p:ut of the "to 0 t due" has been received.
.if Z?t · - /
Authorind Rer:resentativ IT. ~
John H. Aderman
ntl" ?!-o~'" rio1"l+.
Oe~ocer ~O, ~991
Oat" -
(a) Total amount e:1med. ... . .. . .... .,. . ...... .. . .... . ....... .,. ....... . . .. ,
'15.5'11.. l.!.O
( b ) Retained.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . $
1..770.72
(e) Total e:arn~d t~ retained per1:entllge................................ .....$
( d 1 T otal previou~ly approved...:.......................................... $
90. g1.l.. !...,
.
72.171.4(1
(e) Amount due this estim:1te. . . . . . . . . . . . . . . . . . . . . . .>. . . . . . . . . . . . . . . . . . . . . . . . $
18.~U.2~
Appoved as to qU:lntiries ard estimate due:
Superintendent of Con~truction
Architect
Supervising Engineer'
.
.
RESOLUTION NO..
A RESOLUTION AMENDING RESOLUTION NO. 105-91, APPROVING
SPECIAL ASSESSMENTS FOR SOUTHEAST AREA WATER TREATMENT FACILITY
WHEREAS, the City has issued municipal bonds for the Southeast
Area Water Treatment facility, and
WHEREAS, said bonds sold at an average interest rate one-half
of one percent lower than had been anticipated.
NOW, THEREFORE, be it Resolved that the special assessment
interest rate set at 8 percent in Resolution No. 105-91 shall
hereby be reduced to 7.5 percent per annum from the date of the
adoption of Resolution No. 105-91, October 14, 1991.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th
day of October, 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator
3D
.
.
RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT FOR ENGINEERING
SERVICES FOR THE PUBLIC WORKS FACILITY PROJECT
WHEREAS, the City Council has directed Orr-Schelen-Mayeron and
Associates, Inc. , consulting engineers, to complete utility,
grading and site plans for the Public Works facility; and
WHEREAS, such work is to be completed on a hourly basis, not
to exceed $9,000,
NOW, THEREFORE BE IT RESOLVED that the design agreement
(attached) for said services is hereby approved and authorized to
be executed by the Mayor and City Administrator.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood,
Minnesota this 28th day of October 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator
3~
DESIGN AGREEMENT
This Agreement is entered into between the City of Shorewood and Orr-Schelen-Mayeron
& Associates, Inc., pursuant to the terms in their Contract for Consulting Engineering
Services.
Project No: 91-62
Project Description:
Site, grading and utility plans for the proposed public works
facility.
Scope of Services: As defined under Article 2.1.2 "Basic Services" with the following
modifications:
A
The feasibility report stage activities are deleted.
.
B.
The Advertisement for Bids will be prepared by the Architect.
C. A maximum of eight hours is included for meetings with the Architect and city staff.
D. OSM is responsible only for the site work associated with the project.
Schedule: Plans and specifications will be ready for advertising by January 1, 1992.
Compensation: Hourly basis with a maximum of $9,000.
Deliverables: Drawings consisting of a site and utility plan, a grading plan, and a sheet of
details. Specifications consisting of the technical sections for site work. The utility plan will
be based on providing sewer and water service from Tonka Bay.
.
Signed:
D. Edward Ames, L.S.
Vice President
James C. Hurm
City Administrator
- ....~ ,-,."q.~",--~_'._,._~.."-'.,<" ..--. .. ......-~-~.....
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2021 East Hennepin Avenue
Minneapolis, MN 55413
612-331-8660
FAX 331-3806
Engineers
Architects
Planners
Surveyors
October 23, 1991
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Improvement Acceptance
Galpin Lake Woods
OSM Comm. No. 1744.48
.
. Dear Mayor and city Council:
We have observed the referenced construction site and find the work
to be in substantial compliance with the plans and specifications
prepared by Robert Thene. The written statement by the Developer's
Engineer as required by the Development agreement dated Jure 20,
1988 will not be possible as Mr. Thene is now deceased. In
accordance wi th paragraph 13 of said Agreement, we recommend
acceptance of the improvements.
'"
Sincerely,
ORR-SCHELEN-MAYERON
& ASSOCIATES, INC.
.p
Joel A Dresel, P .E., L.S.
City Engineer
Jf
Equal Opportunity Employer
"'~'~--"'~""~~
RESOLUTION NO.
A RESOLUTION ACCEPTING STREETS, SANITARY SEWER
AND STORM SEWER IN THE PLAT OF GALPIN LAKE WOODS
WHEREAS, on June 20, 1988, the City of Shorewood entered into an Agreement with
Schoenhall, LID, for the development of certain property known as Galpin Lake Woods;
and
WHEREAS, Paragraph 1 of said Development Agreement provided for the
Developer to construct and install certain enumerated improvements within the plats of said
property, which improvements included streets, sanitary sewer, storm sewer and bituminous
curbs; and
WHEREAS, Paragraph 13 of said Development Agreement provided for such
improvements to be subject to a final inspection by the City Engineer; and
WHEREAS, Paragraph 14 of said Development Agreement provided for the
conveyance of said improvements to the City by the Developer and for the acceptance by
the City of such improvements; and
.
WHEREAS, the Developer has completed construction and installation of the streets,
sanitary sewer, storm sewer and bituminous curbs, and such improvements have been
inspected by the City Engineer and found to be in compliance with the applicable plans and
specifications; and
WHEREAS, the Developer is desirous of conveying said improvements to the City
and the City is desirous of accepting said improvements from the Developer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
.
1. That the City hereby accepts from the Developer the streets, sanitary sewer,
storm sewer and bituminous curbs, in the plat of Galpin Lake Woods.
2. That the Developer shall cause a maintenance bond to be furnished naming
the City as obligee for the full cost of the final lift of bituminous asphalt, to
be in effect for a period of one year from the date of acceptance hereof.
ADOPTED BY THE CIlY COUNCIL of the City of Shorewood this 28th day of October,
1991.
ATTEST:
James Hurm
City Administrator/Clerk
Barbara Brancel
Mayor
.
MAYOR
. . Barb Brancel ,
,-~. -' . COUNCIL~"
>_ .. Kristi Stover .~
\';~.!- '. .Bob Gagne
, ~~ '_ .' _ <, Rob O~ughe~ !
.- .~ ' _ /" , '-::-" \ :-Oanlel LewiS '
'.- " ,~,,',: ~J r-Y ~~, .+-::::-'--:--~j' ..,
" CITY OF, "',' - ' ..,' ,1'\',' r f! "~'
~:SHO~~0{)~,;;;;,f;~;';.I j~,.,.~;:.~~:~~~.
_ 5755CO\JNTRY CLUB ROAD ,-:SHOREWOOD,-MINNESOTA 55331-. (612) 474-3236
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MEMORANDUM
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"Y Mayor' aIJ.d City, Council ~;~;
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FROM:
,
Brad Nielsen' "
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DATE:
23 October 1991,
'.
RE:"
Gideon's Cove P.U.D. - Dock Rights and-Use of Peninsula
FILE NO.:
405 (91. 05) -
BACKGROUND
At its 23 September meeting the City Council held a second publIc hearing on the Gideon's
Cove P.U.D. to specifically consider the issue of dock rights. 'Although three members of
the Council were in favor of expanding the dock rights for the property, the Zoning-
. .ordinance requires a four-fifih~ vote to approve docks where no' principalstructure exists.
/ After considerable discussion 'the Council directed the developer to prepare a list.of /
restrictions which would be imposed if additional dock. p.ghts were' approved~ If the. ,
proposed restrictions adequately ~ddressed concerns which had been raised, the ~ouncil -c-,
suggested that they _may reconsider the dock rights issue.
'- .
.
In response, the developer has submitted a proposal, dated 14 October (Exhibit A,
attached), in which he sets forth proposed restrictions relative to the use of the "docks. He.
also addresses an-overall plan for how the entire-peninsula will be used. '
ISSUES AND ANALYSIS
A. Current 'Zoning Status. . the peninsula currently exists as three outlots (A - C) which .
are legally tied to Lots l~d 2, Lawtonka. There are two docks on the property (see,
Exhibit B) which have been "grandfathered in", as lawful nonconforming uses. There'
are also two old boathouse structures located on the property. One measures 8.3' X
, 20.3' and contains 168.5 square feet of area. The other measures 14' X 20: .and'
contains 280 square feet. - These buildings plus an existing chain. ~k, fence which ' .
_;:::<' ,__ extends across the south end of the peninsula are also "grandfa~red i?~ ~ la~.ful ",~--'
, . nonconforming uses ,~f th,e property.' / , /~~'-': . !'~'<.~ ':"j: " (\;: I (-;.. ,
',,;",' ~ ~'';- J' ,,-~ \~ ,'~' :-. -~,( ,,> < ,',. , ' ,,'~ ;;-: ::"1,<',.::</ :,.' '~\' /:",~:~..;;~.'. .' 5
' ......, ..' ,.;-: '--;,;: _ '" ,. , -, ,r 'I . , ,{. ,_, '! "''''I .., f\ f.... ~~ ';Y;::~ ........,,' -
, ~"\ \ '_ --'_ ." ""'\'._ '" '~f 11-. -'~....., .....~-- ~'./ -:""{ ',-'j,.:A4~:-..~.t.!...I-S-#~}"~''l~-''~':,
'~.~:'-0- '~'(,.,f' _,' . -''-.~--,_\ J '-:-;:-.\ ," .'\..":.r,-.,,,..:r:"':~';:<,1;;"':"'~~,l .'.
>- '~, .F , , ". '. ." 'A Residential Community on Lake~inne.tonk'U Sou~ 'Sho..re.; jf...; ~~~"h!"~"1'; i/. -
.::. ,c-!~ /..- ,,;:.... (, - ,', " ;.r7./'v-~ ~ ;. '::- . ....;~. 'J....... - ,~, ,0..>).'"' ~ '(\h'-;;;:.! 'i~~'^"~1f!:: ".'
-...A ! \ .. - ". ' - ':.... -c/,,..~. ",'. \" t~' Y /". ;.~ ..-
As lawful nonconforming uses, t!1ese structures c~not be "... enlarged, ext~nded, or
structurally altered, but maybe continued at the size and in the Illanner of operation
existing upon such,date (of the adoption of the Zoning Ordinance) except as .( '-!
h~rein~ter sp:ci~ed ~,r, subsequently ~me~d~.'" ,:' " .:). \ '_,' ::(~, ";/,
\~t j~'iin~o$rit~J"~~~;~~i:th~e ,~xisting1igk~;~xi~i-oriiy'~a~'fu~Jpiri~eh~)~ ~7ri~~tly;JI., ",:.,;,.t
platted.I'The Council may, If It wlshes~ "cleanJhe slate" as part of the processor." //>;:;-^/ ,,'\
,.negotiating the'P.U.D. ,.With that in inind, the following paragraphsaddress,the"\'--:, ':'.";;0<;;> i{
. 'app'licant's pro'po' sal '" '.: ,. i .( ,(, ':, l' '. J -;,""" .,; , .f....' (' " if. .
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'-. >j -' B. AI' t' Pr al' ' , r'. -\ L.\ t'.,I..,.-..... '( ,- f' c' . , I......,
" , . . pp lcan s opos. ('!~ " ': :' . 0_~,~. ,: :~. ( 1 ' ,',-;'-,' i ....'t.: .~'I,..<.;,,'~~jJ./
'. 1. Buildings.. ThC? applicant proposes ~o r~place the tWo: existing buildings with a <.~ ',~
. L:new 20' X 20' st9rage building (see Exhibit A:2). It must be realized. ~at the' "'. \ ',. '.
i.) peninsula is unbuildable due to the 50 foot setback required from the'Lake; (
',/'Min~etonka shoreline (the peninsula is~only ,~0-9p feet wide):'~_i '.' ./<): rL
:1_.-- '\ ' :) .~: - ,,-/"_::!';..-"~ ,." ,J ,d\\
At issueis~whether there sh~uld be ~my buildings 'on the'site, anqif SO, would,
one new building, located further from .the shoreline, be more desira~le than the
two existing buildings located at the water's edge? \
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If a'new building is allowed, the development stage ,plan for the P.U.D. should
,~. - .
include a landscape plan which screens the structure from the lake.
2. Landscape~_j - .'
a. Parking Spaces. The applicant proposes four short-term parking' spaces ir}
response to concerns that owners of the docks ~ould need to carry items
from their homes to their boats. The Zoning Ordinance does not allow such
parking within the public right-of-way. Also, head-in parking from the street
js specifically prohibited. Finally, there is no place on the site where parking
\e'could comply with the 50 foot setback requirement. ,~)" , - ,,-' ,<
l,
> " (, ".Z' \
Based 011 com~ents from ar~ ,residents at' t!1e public hearings, p~king along
Timber Lane may already be a problem. It is likely that staff will
recommend restrictions on parking in the vicinity of the peninsula. ' It is
- suggested that the owners of docks will have to unload their, vehicles and '..
return them to their homes. - -
,~
b. Walking Path. An impervious, wood chip walking path can be construed as
landscaping. If allowed, it should be limited to four feet in width.
c~ Fencing. The existing c~ain link fence should be left as' is. '
'.
.~
3. Dockage. The applicant proposes to reconfigure the docks to allow six boats to
be stored at one, with.the other designated as' a fishing pier. ,Similar to the '-,
, buildings, the ~ssue is whether there shoU~d be any docks~ ~f so, ~hould they be ,~ ,-
available to two families, or six as proposed by the, developer? _Also, should ,the, ~,'
- : " ",' .' . -, .' . -,', -', "." \,.- . \
'-docks be allowed to be enlargedb,eyondtheir'current ~iz~?" ~',; \ ' '''1
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.to ,-<I :.~~ r.......'t, c-"" ~/ t'" " ~. _' ."_'-". \ _' ;-,"'j, ....-. (,.', .. - '-.t 'rS ',-\ \ . ;'ooJ
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In his request to expand the use of the docks, the developer proposes the following
restrictions:
a.Maximum length - 22'.
b.No canopies, ~overs or boat lifts. '". .' ',. ' >
!;;c:, Unrestricted boats will be limited to two canoes. >; ': '"" I')
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"d; No off-season storage of watercraft. '
e. Docks and peninsula to be owned and maintained by the homeowners association. ~
_ f. ,D~ks to be assigned, on a fIrst com~, fIrst served b~s. ' :~ ,~(:,
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L Approve the P.U.D. subject to bringing the penins~la into conforniance.Th~docks
and buildings would be removed; Limited passive use (e.g. swimmin'g, fIshing,
picnicking) would be allowed for residents of the P.U.D.' .
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2. Approve the P.U.D. under current restrictions. The two existing docks would be
used solely by the residents of the two easterly units. Dock sizes and confIgurations
would remain as is. The buildings would remain as lawful 'nonconforming us~s *.
Ownership, use and maintenance of the remaining peninsula would have to be
specifIed.
3. Approve the P.U.D. with dock rights expanded to .six of the units. Decide whether
the existing dock structures can be enlarged. Parking would be prohibited. Existing
buildings would remain as lawful nonconforming uses ~. Docks would be restricted
as proposed by the developer. , Limited passive use of the peninsula would be allowed
for residents of the P.U.D. ' .
* Under either option 2 oc3, the Council couldconsider allowing one'new building,
located back from the water and screened, to replace the two existing nonconforming
buildings.
If you have any questions relative to this matter, please contact me prior to Monday night's
meeting.
cc: Jim Hurm
Dave Sellergren
Joel Dresel
John Boyer
Planning Commission
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Building Corporation
18283A Minnetonka Boulevard. Wayzata. Minnesota 55391 · (612) 475-2097
October 14,1991
City Council Members
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear City Council Members,
Please r~view the attached sketch of our proposed
development and use for the pennisula as part of Gideons Cove.
.
We hope it answers all the questions that were raised during
our September 30, public hearing.
During that public hearing it
continually brought up by the
proposal. That question was
developer get the additional
more boating privaleges?
seems that one question was
opposition to our
why? Why should the
use of the lake by granting
him
It is our position that the viability of making this area
usable by the residents of Gideons Cove requires the requested
six boat slips. The cost to improve the penninsula as described
will be recovered with the sale of each home. The maintenance of
the penninsula can be provided with proceeds from the 6 boat
slips.
.
With out those two sources of revenue, we don't see how the
penninsula can be improved or maintained. It is important to
note that this is a very small development with a very low
density. There just is not enough residential units to
affordably cover the maintenance of. all this green space.
Our request for six boats to be shared by the twelve residents
is not by any means excessive or unreasonable, especially when
you consider the fact that the property already is allowed from
6 to 8 slips and unlimited use for the current owners of lots
1 and 2.
By granting our requests, you are assuring the neighborhood
that this beautiful piece of property is preserved and maintained
in a manor that all can be proud of.
Respectfully,
9~~.
John Boyer
Boyer Building Corporation
Exhibit A-I
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Building Corporation
18283A Minnetonka Boulevard · Wayzata. Minnesota 55391 · (612) 475-2097
October 14, 1991
City Council Members
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
.
RE: Proposed use of Gideons Cove peninsula for consideration
by Shorewood City Council.
Dear City Council Members,
The overall use of the peninsula by the residents of Gideons Cove
is to be for low impact recreational activities, such as fishing,
picnic and boating. Below is an outline describing the peninsula
development and use.
I. Build1ngs. The 2 existing rather dilapidated buildings will
be removed and replaced with a new single story structure about
20'x20'. This ~tructure shall be architecturally designed to
match the Gideons Cove design theme. .Underground electric serv-
ice shall be installed to this building and security lighting
will be provided along the walk and near the dock area.
.
II. Landscape. There will be a space provided at the road for
four parking spaces of short duration. This area will be sur-
faced with red aggregate, not asphalt.
A gently curved wood mulch walking path will be installed from
the road to the dock area.
A 48" tall fence will be installed just in front of the parking
stalls with a gate to be controlled by the Gideons Cove resi-
dents.
The remaining land area will be mowed lawn in keeping with the
rest of Gideons Cove properties.
A fishing pier will be installed at the northwest corner of the
peninsula.
Exhibit A-3
III. Dockage. The 2 existing docks will be removed and replaced
with one seasonal dock large enough to accommodate six boats.
A. The boats will have a maximum length of 22'.
B. No canopies, covers or boat lifts will be allowed.
C. Unrestricted boats. One canoe rack will be ins~alled for the
storage of two canoes. The rack will be located at the south
east corner of the peninsula, just inside the fence,
partially concealed by shrubbery. No other boat dockage or
storage will be on the peninsula.
IV. Ownership, Maintenance and Upkeep. The peninsula will be
owned and maintained by the Gideons Cove Association. The
grounds will be maintained like the rest of the development.
.
.
There will be no individual ownerhip of the boat dockage. T~at
dockage will be owned and controlled by the association.
The residents of Gideons Cove will be responsible to police
themselves through their association.
V. Off Season Storage. There will be no off season storage of
any watercraft. The peninsula will be bound by the same
covenants as the rest of Gideons Cove.
ResPytfullY,
..y~Atl~
John BOye{
Boyer Building Corporation
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Exhibit A-4
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Exhibit B
Date:
October 11, 1991
To:
The Mayor and City Council Members
City of Shorewood
Re:
Boyer Request for Boat Dockage Privileges
The principals of Boyer Construction Co. have asked the members
of the Shorewood City Council to nullify the "graridfathered" boat
dockage privileges of future residents of two properties not
contiguous to Lake Minnetonka lake shore. ---
The Boyer principals are concurrently asking the City Council to
grant new boat dockage privileges to benefit future residents of
six properties not contiguous to Lake Minnetonka lake shore.
Many arguments have been presented in regard to these requests.
However, the very significant "bottom line" of the matter appears
to not have been considered very carefully by the Council in its .
previous deliberations.
By making any change to the current grandfathered use of the
property in question, the Council would be establishing a ~ew
reasonable use for unbuildable (per ordinances) lake shore~
properties. It could be expected that requests for similar use
of other unbuildable lake shore properties would be forthcoming.
That the request is linked to a PUD seems to have little rele-
vance to establishing a new reasonable use for unbuildable lake
shore proper ty. Other s imi lar properties could be It join tlylt
owned and have shared usage; an association could be established
to manage the use of such properties; the privilege of use could
be transferred; etc. In all respects, except development under a
PUD, identical o.r very similar arrangements could be constructed.
Denial would probably and. understandably be challenged.
I ask that the members of the City Council carefully consider the
implications of creating a new reasonable use of lake shore
property. This should be in addition to carefully considering
the other arguments already offered in the course of your delib-
erations.
.
Very truly yours,
Sl SC~UltZ
5465 Timber Lane
Shorewood, Minnesota 55331
cc: Brad Nielsen
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Subd. 7. RIGHT-OF-WAY: The entire strip of land traversed
by a highway in which the public owns the fee or an
easement for roadway purposes.
Subd. 8. ROADWAY: That portion ofa street or highw~y
improved, designed, or ordinarily used for
vehicular travel, including the shoulder.,
Subd. 9.
G:;
SAFETY or DEADMAN THROTTLE: A device which, when'
pressure is removed from the engine accelerator or
throttle, causes the motor to be disengaged from
the driving track.
-
10. SNOWMOBILE: A self-propelled vehicle designed for
travel on 'snow or ice or natural terrain steered
skis or runners.
, ,
Subd. 11. STREET or HIGHWAY: The entire width between
boundary lines of any way or place when any part.
thereof 1.5 uptm to the 'use of the pub~1.c, as a
,matter of right, for the purpose of vehicular
traffic.' .
Subd. 12. HIKING AND BIKING TRAIL: The old railroad
corridor, a multiuse trail corridor, which runs NE-
SW through Shorewood and other western suburbs, and'
is owned by Hennepin County. ..
802.02:
OPERA~ION ON S~REE~S AND HIGHWAYS:
Subd. 1. No person shall operate a snowmobile upon the
roadway, shoulder or inside bank or slope of any
trunk, County-State aid, City or County highway in
the City and, in the case of a divided trunk or
County highway, on the right-of-way between the
opposing lanes of traffic, except as provided in
this Chapter, nor shall operation on any such
highway be permitted, where the roadway directly
abuts a publ~c sidewalk or property used for
private purposes. No person shall operate a
snowmobile within the right-of-way of any trunk,
County-State aid, City or County highway between
the hours of one-half (1/2) hour after sunset to
one-half (1/2) hour before sunrise, except on the
right-hand side of such right-of-way and in the
same direction as the highway traffic on the
nearest lane of the roadway adjacent thereto. No
snowmobile shall be operated at any time within the
right-of-way of any interstate highway or freeway ,
within the City.
Subd. 2. No person :shall operate a enowmobLJ.e upou Lht:=
roadway of any street or highway except for the
~urpu~~ of d1.rect travel trom ~ne person's home to
2.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 802
OF THE SHOREWOOD CITY CODE
RELATING TO SNOWMOBILES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. City.Code Section 802 is hereby amended in its
entirety as follows:
Definitions
Operation on Streets' and Highways
Operation Generally
Equipment
Application of Other Laws
Persons Under Certain Age
Leaving Snowmobile Unattended
Chasing Animals Forbidden
Littering and Obstructions
Violations
.
Subd. 1. BOULEVARD: That portion of the street right-of-way
between the curb line and the street boundary line
in platted areas.
Subd. 2. OPERATE: To ride in or on and control the
operation of a snowmobile.
Subd.3. OPERATOR: Every person who operates or is in
actual physical control of a snowmobile.
Subd. 4. ORGANIZED EVENT: An event sponsored and conducted
by the Park and Recreation Commission, the Chamber
of Commerce, Jaycees, American Legion or similar
Council-recognized civic groups or associations.
..
Subd. 5. OWNER: A person, other than a lienholder, having
the property in or title toa snowmobile and
entitled to the use or possession thereof.
Subd. 6. PERSON: Includes an individual, partnership,
corporation, and any body of persons, whether
incorporated or not, the State of Minnesota and its
agencies and political subdivisions, except this
definition does not include police officers or duly
authorized and uniformed snow patrol personnel in
the performance of their duties.
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Subd. 7. RIGHT-OF-WAY: The entire strip of land traversed
by a highway in which the public owns the fee or an
easement for roadway purposes.
Subd. 8. ROADWAY: That portion of a street or highway
improved, designed, or ordinarily used for
vehicular travel, including the shoulder..
Subd. 9. SAFETY or DEADMAN THROTTLE: A device which, when
pressure is removed from the engine accelerator or
throttle, causes the motor to be disenqaqed from
the driving track.
Subd. 10. SNOWMOBILE: A self-propelled vehicle designed for
travel on snow or ice or natural terrain steered by
wheels, skis, or runners.
.
Subd. 11. STREET or HIGHWAY: The entire width between
boundary lines of any way or place when any part
thereof 1.6 Upt:Hl to the 'use of the pu.lJI.1c, as a
.matter of right, for the purpose of vehicular
traffic. '.
Subd. 12. HIKING AND BIKING TRAIL: The old railroad
corridor, a multiuse trail corridor, which runs NE-
sw through Shorewood and other western suburbs, and'
is owned by Hennepin County. .
802.02:
OPERATION ON STREETS AND HIGHWAYS:
.
Subd. 1. No person shall operate a snowmobile upon the
roadway, shoulder or inside bank or slope of any
trunk, County-State aid, City or County highway in
the City and, in the case of a div~ded trunk or
County highway, on the right-of-way between the
opposing lanes of traffic, except as provided in
this Chapter, nor shall operation on any such
highway be permitted, where the roadway directly
abuts a publ~c sidewalk or property used for
private purposes. No person shall operate a
snowmobile within the right-of-way of any trunk,
County-State aid, City or County highway between
the hours of one-half (1/2) hour after sunset to
one-half (1/2) hour before sunrise, except on the
right-hand side of such right-of-way and in the
same direction as the highway traffic on the
nearest lane of the roadway adjacent thereto. No
snowmobile shall be operated at any tillle within the
right-of-way of any interstate highway or freeway .
within the City.
Subd. 2. No person shell operete e 15nowmob.iJ.e upon L..h,=,
roadway of any street or highway except for the
~u~~u~,=, of dLrect travel tram tne person's nome to
2.
OCT 23 '91 10:06 LARKIN HOFFMAN BLMTN.
P.4
the closest snowmobile area by the shortest
possible route and then only if travel on the
adjacent street or highway right-of-way is
restricted because of developed yards or physical
barriers.
.Subd. 3. A snowmobile may make a direct crossing of a street
or highway except an interstate highway or freeway,
provided:
a. The crossing is made at an angle of
approximately ninety degrees (900) to the direction
of the street or highway and at a place where no
obstruction prevents. a quick and safe crossing.
b. The snowmobile is brought up to a complete stop
before crossing the shoulder or .main travelled way
of the highway.
c. The operator of the snowmobile must yield the
right-of-way to all oncoming traffic. ~
d. In crossing a divided street or highway, the
crossing is made at art intersection of such street
or highway with another public street or hiqhway.
.
e. If the crossing is made between the hours of
one-half (1/2) hour after sunset to one-half (1/2)
hour before sunrise or in conditions of reduced
visibility, only if both front and rear lights are
illuminated.
Subd. 4. No snowmobile shall be operated on a street or
highway within the City at a speed exceeding ten
(10) miles per hour, nor on the Hiking and Biking
Trail at a speed exceeding twenty (20) miles per
hour.
.
3.
OCT 23 '91 10:07 LARKIN HOFFMAN BLMTN.
P.5
Subd. 8. An operator shall bring his snowmobile to a stop
and switch off the engine when flagged by a police
officer or duly authorized uniformed Snow Patrol
member.
802.03: OPERA~ION GENERALLY: Except as otherwise
specifically permitted and authorized, it is
unlawful for any person to operate a snowmobile
within the limits of the City in the following
manner:
Subd. 1. On a public sidewalk or walkway provided or used
for pedestrian travel, or on boulevards within any
public right-of-way.
Subd. 2. On private property of another without lawful
authority or express consent of the owner or
lessee.
.
Subd. 3. On any other publicly-owned lands and frozen water,
including but not limited to park property, public
or private school grounds, playgrounds, recreation
areas and golf courses, except areas previously
listed or authorized for such use by the proper
public authority. In such areas, such use shall be
lawful and snowmobiles may be driven in and out of
such areas by the shortest route. Authorized areas
in the City owned by the City shall be designated
by Council resolution. Notwithstanding anything in
this Section contained to the contrary, snowmobile
operation shall be permitted on all public bodies
of water within the City, provided that said
operation shall comply in all respects with
provisions of this Chapter and all other City
ordinances.
.
Subd. 4. At any place while under the influence of
intoxicating liquor or narcotics or habit forming
drugs.
Subd. 5. At a. rate of :speed greater t.han L"~C1l:S<.JIlabl.e or
proper under all the surrounding circumstances.
Racing is prohibited except as may be specifically
authorized as part of an organized event, which
authori2ation shall be by permit issued by the City.
Council. Maximum speed limits shall be set from
time to time by Council resolution.
Subd. 6. At any place in a careless, reckless, or negligent
manner so as to endanger the person or property of
another or to cause injury of damage thereto.
4.
Subd. 7. So as to tow any person or thing on a public street
or highway except through use of a rigid tow bar
attached to the rear of the snowmobile.
Subd. B. When the noise level of the snowmobile exceeds
seventy-eight (78) decibels on the A Scale at fifty
feet (50').
Subd. 9. Within the right-of-waydf any public street or
highway within the City, unless the operator shall
have a valid motor vehicle driver's license issued
by the State of Minnesota or a valid snowmobile
safety certificate issued by the Commissioner of
Natural Resources, or ~nless accompanied by a
licensed driver who is actually occupying a seat in
the vehicle.
Subd. 10. Within the City between the hours of eleven o'clock
(11:00) p.m. and seven o'clock (7:00) a.m. except
for purposes of transportation to the residence of
the operator.
Subd. 11. Abreast of another snowmobile on the Hiking and
Biking Trail except when overtaking and passing
another snowmobile.
EQUIPMENT: It is unlawful for any person to
operate or for the owner to cause or knowingly
permit the operation of a snowmobile any place
within the limits of the City unless it is equipped
with the following:
Subd. 1. Standard mufflers which are properly attached and
in constant operation and which reduce the noise of
operation of the motor to the minimum necessary for
operation. Mufflers shall comply with Minnesota
Rules Part 6100.5700, subp. 5 which certifies that
a new snowmobile complies with the noise limitation .
requirements of this rule. A manufacturer shall
make such a certification based on measurements
made in accordance with the SAE Recommended
Practice JI92(a) as set forth in the Report of the
Vehicle Sound Level Committee, as approved by the
Society of Automotive Engineers September, 1970,
and revised November, 1973.
'B02.04:
.
.
.
Subd. 2. Brakes adequate to control the movement of and to
stop and hold the snowmobile under any conditions
of operation.
Subd. 3. A "safety or deadman" throttle in operating
condition.
5.
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OCT ~3 'gl 16:4g LARKIN HOFFMAN BLMTN.
P.?
802:05:
Subd. 4. At least one clear lamp attached to the front, with
sufficient intensity to reveal persons and vehicles
at a distance of at least one hundred feet (100')
ahead during the hours of darkness under normal
atmospheric conditions. Such head lamp,shall be so
aimed that glaring rays are not projected into the
eyes of an oncoming vehicle operator. It shall
also be equipped with at .least one red tail lamp
having a minimum candle power of sufficient
intensity to exhibit a red light plainly visible
from a distance of five hundred feet (500') to the
rear during the hours of darkness under normal
'atmospheric conditions. The equipment shall be in
operating condition when the vehicle is operated
between the hours of one-half (1/2) hour after
sunset to one-half (1/2) hour before sunrise or at '
times of reduced visibility.
Subd. 5. Reflective material at least sixteen (16) square
inches on each side, forward of the handlebars, so
as to reflect or beam light at a ninety degree
(900) angle.
APPLICATION OF OTHER LAWS: City traffic ordinances
shall apply to the operation of snowmobiles.upon
streets and highways, and Minnesota Statutee
sections 84.81 to 84.88 and Minnesota Statutes
Chapter 169, as amended, and except for those
provisions relating to required equipment, are
hereby adopted by reference.
.
802.06:
PERSONS UNDER CERTAIN AGE:
.
Subd. 1. It is unlawful for any person under fourteen (14)
years of age to operate on streets, highways,
public lands or frozen water or make a direct
crossing of a street or highway as the operator of
a snowmobile unless accompanied by a parent or
guardian. A person fourteen (14) years of age or
older, but less than eighteen (18) years of age,
may operate a snowmobile on streets, highway,
public lands or frozen waters as permitted under
this Section and make a direct crossing of a street
or highway only if he has in his immediate
possession a valid snowmobile safety certificate
issued by the Commissioner of Natural Resources.
Subd. 2. It is unlawful for the owner ofasnoWlttobile to
permit the snowmobile to be operated contrary to
the provisions of this Section.
802.07: LEAVING SNOWMOBILE UNATTENDED: Every person
leaving a snowmobile in a public place shall lock
the ignition, remove the key,and take the same
with him.
6.
OCT 23 '91 10:09 LARKIN HOFFMAN BLMTN.
P.8
802.08: CHASING ANIMALS FORBIDDEN: It is unlawful to
intentionally drive, chase, run over, or kill any
animal, wild or domestic, with a snowmobile.
802.09: LI~~ERING AND OBS~RUCTIONS:
Subd. 1. No person shall deposit paper,. litter, rubbish, or
debris on public or private property, or throw
paper, litter, rubbish, or debris from snowmobiles.
Subd. 2. No person shall place obstructions, including ice
blocks, on publicly-owned lands or frozen. waters so
as to interfere with the lawful use thereof by the
public. .
Subd. 3. All traffic control devices used for routing
snowmobile traffic away from private and public
property shall be located on the same private or
public property and shall be in place po earlier
than November 1 and shall be removed on or before
April 15.
VIOLA~IONS: Any person violating the provisions of
th.1.o ChClpter :i.o gu:i..1. ty oL 0. lIL.l/:lut:mll:~d.J1UL..
.
802.10:
Section 2. This Ordinance shall be in full force anQ effect
from and after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this ____day of , 1991.
Barbara J. Brancel, Mayor
ATTEST:
.
James C. Hurm
City Administator/Clerk
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: lO/l3}9)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 802
OF THE SHOREWOOD CITY CODE
RELATING TO SNOWMOBILES
I
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MlNNESOTA, ORDAINS:
Section 1. City Code Section 802 is hereby amended in its
entirety as follows:
802.01:
802.02:
802.03:
802.04:
802.05:
802.06:
802.07:
802.08:
802.09:
802.10:
-Defini tions
Operation on Streets.and Highways
Operation Generally
Equipment
Application of Other Laws
Persons Under Certain Age
Leaving Snowmobile Unattended
Chasing Animals Forbidden
Littering and Obstructions
Violations
802.01:
DEFINITIONS:
.
..
Subd. 1. BOULEVARD: That portion of the street right~of-way
between the curb line and the street boundary line
in platted areas.
Subd. 2. OPERATE: To ride in or on and control the
operation of a snowmobile.
Subd. 3. OPERATOR: Every per.son who operates or is in
actual physical control of a snowmobile.
Subd. 4. ORGANIZED EVENT: An event sponsored and conducted
by the Park and Recreation Commission, the Chamber
of Commerce, Jaycees, American Legion or similar
Council-recognized civic groups or associations.
Subd. 5. OWNER: A person, other than a lienholder, having
the property in or title to a snowmobile and
entitled to the use or possession thereof.
Subd. 6. PERSON: Includes an individual,.pa:r:1::nerShip,
corporation, ~nd anybody of person~,whether .
incorporated or not. the ?ta1;.~ of Mlnnej30ta an~ lts
agencies and political sUbdivis~ons,>e,:,cepttl}+s
deIlnltlon does not include pollce offlcers or duly
aut:horizea and unlformed snow patrol personnelcin
the performance of their duties .:.c. ..ex.,;.. ,'d..d",;_
'.-
.
. .
Subd. 7. RIGHT-OF-WAY: The entire strip of land traversed
by a highway in which the public owns the fee ar an
easement for roadway purposes.
Subd. 8. ROADWAY: That portion of a street or highway
improved, designed, or ordinarily used for
vehicular travel, including the shoulder.
Subd. 9. SAFETY or DEADMAN THROTTLE: A device which, when
pressure is removed from the engine accelerator or
throttle, causes the motor to be disengaged from
the driving track.
Subd. 10. SNOWMOBILE: A self~propelled vehicle de~igned for
travel on snow or ice or natural terrain steered by
wheels, skis, or runners.
Subd. 11. STREET or HIGHWAY: The entire width between
boundary lines of any way or place when any part
thereof is open to the use of the public, as a
matter of right, for the purpose of vehicular .
traffic.
Subd. 12. HIKING AND BIKING TRAIL: The old railroad
corr1dor, a mult1use tra1l corr1dor, wh1ch rvns NE-
SW through Shorewood and.other western.subl.lrbs, and
1S owned by Hennep1n County.
802.02:
OPERATION ON STREETS AND HIGHWAYS:
Subd. 1. No person shall operate a snowmobile upon the
roadway, shoulder or inside bank or slope of any
trunk, County-State aid, City or County highway in
the City and, in the case of a divided trunk or
County highway, on the right-of-way between the
opposing lanes of traffic, except as provided in
this Chapter, nor shall operation on any such .
highway be permitted, where the roadway directly
abuts a public sidewalk or property used for
private purposes. No person shall operate a
snowmobile within the right-of-way of any trunk,
County-State aid, City or County highway between
the hours of one-half (1/2) hour after sunset to
one-half (1/2) hour before sunrise, except on the
right-hand side of such right-of-way and in the
same direction as the highway traffic on the
nearest lane of the roadway adjacent thereto. No
snowmobile shall be operated at any time within the
right-of-way of any interstate highway or freeway
within the City.
Subd. 2. No person shall operate a snowmobile upon the
roadway of any street or highway except for the
purpose of direct travel from the person's home to
2.
the closest snowmobile area by the shortest
possible route and then onlY if travel on the
adjacent street or highway right-of-way is
restricted because of developed yards or physical
barriers.
Subd. 3. A snowmobile may make a direct crossing of a street
or highway except' an interstate highway or freeway,
provided:
a. The crossing is made at an angle of
approximately ninety degrees (900) to the direction
of the street or highway and at a place where no '
obstruction prevents a quick and safe crossing.
b. The snoWmobile is brought up to a complete stop
before crossing the shoulder or main travelled way
of the highway.
.
c. The operator of the snowmobile must yield the
right-of-way to all oncoming traffic.
d. In crossing a divided street or highway, the
crossing is made at an intersection of such street
or highway with another public street or hi~9way.
e. If the crossing is made between the hours of
one-half (1/2) hour atter sunset to one-half (1/2)
hour before sunrise or in conditions of reduced
visibility, only if both front and rear lights are
illuminated.
.
Subd. 4. No snowmobile shall be operated on a street or
highway within the City at a speed exceeding ten
(10) miles per hour, nor on the Hiking and Biking
~~~;~t a speed exceedln9 twenty (20) mlles per
,.;)0
Subd. 5. No sno~bile shall enter any uncontrolled
intersection without making a complete stop. The
operator shall then yield the right-ot-way to any
vehicles or pedestrians.
Subd. 6. Notwithstanding any prohibition in this Chapter, a
snowmobile may be operated on a public thoroughfare
in an emergency during the period of time when s~ow
upon such thoroughfare renders travel by automob1le
impractical.
Subd. 7. No person shall ooerate a snowmobile on the
shoulder of the Hiking and Biking Trail or in the
ditch or embankment, except for the purpose of
enterlng or leaving the trail, or for the purpose
ot turnlng around.
3.
..
".
Subd. 8. An,operator shall bring his snowmobile to a sto~
,and sw~tch off ,the eng~ne when fla9ged bya. pol~ce
oft~cer or duly authorized uniformed Snow Patrol
,mem.ber.
802.03: OPERATION GENERALLY: Except as otherwise
specifically permitted and authorized, it is
unlawful for any person to operate a snowmobile
within the limits of the City in the following .~
manner: .
Subd. 1. On a public sidewalk or walkway provided or used
for pedestrian travel, or on boulevards within any
public right-of-way.
Subd. 2. On private property of another without lawful
authority or express consent of the owner or
lessee.
Subd. 3. On any other publicly-owned lands and frozen water,
including but not limited to park property, public .
or private school grounds, playgrounds, recreation
areas and golf courses, except areas previously
listed or authorized for such use by the proper
public authority. In such areas, such use ,naIl be
lawful and snowmobiles may be driven in and out of
such areas by the shortest route. Authorized areas
in the City owned by the City shall be designated
by Council resolution. Notwithstanding anything in
this Section contained to the contrary, snowmobile
operation shall be permitted on all public bodies
of water within the City, provided that said
operation shall comply in all respects with
provisions of this Chapter and all other City
ordinances.
Subd. 4. At any place while under the influence of .
intoxicating liquor or narcotics or habit forming
drugs.
Subd. 5. At a rate of speed greater than reasonable or
proper under all the sur~ounding circumstances.
Racing is prohibited except as may be specifically
authorized as part of an organized event, which
authorization shall be by permit issued by the City
Council. Maximum speed limits shall be set from
time to time by Council resolution.
Subd. 6. At any place in a careless, reckless, or negligent
manner so as to endanger the person or property of
another or to cause injury of damage thereto.
4.
t
Subd. 7. So as to tow any person or thing on a public street
or highway except through use of a rigid tow bar
attached to the rear of the snowmobile.
subd. 8. When the noise level of the snowmobile exceeds
seventy-eight (78) decibels on the A Scale at fifty
feet (50').
Subd. 9. Within the right-of-way of any public street or
highway within the City, unless the operator shall
have a valid motor vehicle driver's license issued
by the State of Minnesota or a valid snowmobile
safety certificate issued by the Commissioner of
Natural Resources, or unless accompanied by a
licensed driver who is actually occupying a seat in
the vehicle.
Subd. 10. Within the City between the hours of eleven o'clock
(11:00) p.m. and seven o'clock (7:00) a~m. except
for purposes of transportation to the residence of
the operator.
.
Subd. 11. Abreast of another snowmobile on the Hiking and
Blk~ng Tra~l except when overtak~ng and paSSing
another snowmoO~le.
802.04:
EQUIPMENT: It is unlawful for any person to
operate or for the owner to cause or knowinqly
permit tne operat~on of a snowmobile any place
w~th~n the limits of the City unless it is equipped
with the following:
Subd. 1. Standard mufflers which are properly attached and
in constant operation and which reduce the noise of
operation of the motor to the minimum necessary for
operation. Mufflers shall comply with Minnesota
Rules Part 6100.570Q(, subp. 5,which cert~f~es that
a new snowmobile complies with the noise limitation
requirements of this rule. A manufacturer shall
make such a certification based on measurements
made in accordance with the SAE Recommended
Practice J192(a) as set forth in the Report of the
Vehicle Sound Level Committee, as approved by the
Society of Automotive Engineers September, 1970,
and revised November, 1973.
.
Subd. 2. Brakes adequate to control the movement of and to
stop and hold the snowmobile under any conditions
of operation.
Subd. 3. A "safety or deadman" throttle in operating
condition.
5.
.... ~~
Subd. 4. At least one clear lamp attached to the front, with
sufficient intensity to reveal persons and vehicles
at a distance of at least one hundred feet (100')
ahead during the hours of darkness under normal
atmospheric conditions. Such head lamp shall be so ~
aimed that glaring rays are not projected into~~ ~
eyes of an oncoming vehicle operator It all ~~_~
also be equipped with at least one e ail lamp ~~~~
having a minimum candle power of su ien ~~
intensity to exhibit a red light plainly visible . ...
from a distance of five hundred feet (500') to the
rear during the hours of darkness under normal
atmospheric conditions. The equipment shall be in
operating condition when the vehicle is operated
between the hours of one-half (1/2) hour after
sunset to one-half (1/2) hour before sunrise or at
times of reduced visibility.
Subd. 5. Reflective material at least sixteen (16) square
inches on each side, forward of the handlebars, so
as to reflect or beam light at a ninety degree
(900) angle.
.
802:05:
APPLICATION OF OTHER LAWS: City traffic ordinances
shall apply to the operation of snowmobiles upon
streets and highways, and Minnesota Statutes I .
sections 84.81 to 84.88 and Minnesota Statutes
Chapter 169, as amended, and except for those
provisions relating to required equipment, are
hereby adopted by reference.
802.06:
PERSONS UNDER CERTAIN AGE:
Subd. 1. It is unlawful for any person under fourteen (14)
years of age to operate on streets, highways,
public lands or frozen water or make a direct
crossing of a street or highway as the operator of .
a snowmobile unless accompanied by a parent or
guardian. A person fourteen (14) years of age or
older, but less than eighteen (18) years of age,
may operate a snowmobile on streets, highway,
public lands or frozen waters as permitted under
this Section and make a direct crossing of a street
or highway only if he has in his immediate
possession a valid snowmobile safety certificate
issued by the Commissioner of Natural Resources.
Subd. 2. It is unlawful for the owner of a snowmobile to
permit the snowmobile to be operated contrary to
the provisions of this Section.
802.07: LEAVING SNOWMOBILE UNATTENDED: Every person
leaving a snowmobile in a public place shall lock
the ignition, remove the key, and take the same
with him.
6.
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.
.
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802.08: CHASING ANIMALS FORBIDDEN: It is unlawful to
intentionally drive, chase, run over, or kill any
animal, wild or domestic, with a snowmobile.
802.09: LITTERING AND OBSTRUCTIONS:
Subd. 1. No person shall deposit paper, litter, rUbbish, or
debris on public or private property, or throw
paper, litter, rubbish, or debris from snowmobiles.
Subd. 2. No person shall place obstructions, including ice
blocks, on publicly-owned lands or frozen waters so
as to interfere with ~he lawful use thereof by the
public.
Subd. 3. All traffic control devices. used for routing
snowmobile traffic away from private and pUbliG
property shall be located on the same private or
publ~c property and shall be ~n place no earl~er
than November 1 and shall be removed on Or betore
Apr~l 15.
VIOLATIONS: Any person violating the provisions of
tn~s chapter ~s gu~lty of a m~sdemeanor. .~
802.10:
Section 2. This Ordinance shall be in f!JI~_ ior~_~ _.and etfe~t
from and arter- Its passage and - publicatIon:-
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this ____ day of , 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administator/Clerk
WCG:BDl
7 .
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.
OLD - I
802.01
802.01
CHAPTER 802
SNOWMOBILES
SECTION:
802.01:
802.02:
802.03:
802.04:
802.05 :
802.06:
802.07:
802.08:
802.09:
802.10:
Definitions
Operation on Streets and Highways
Operation Generally
Equipment _
Application of Other Laws
Persons Under Certain Age
Leaving Snowmobile Unattended
Chasing Animals Forbidden'
Littering and Obstructions
Violations
.
:
802.01:
DEFINITIONS:
Subd. 1. BOULEVARD: That portion of the street right-of-way between the curb
line and the street boundary line in platted areas~
Subd. 2. OPERATE: To ride in or on and control the operation of a snowmobile.
Subd. 3. OPERATOR: Every person who operates or is in actual physical con-
trol of a snowmobile.
Subd. 4. ORGANIZED EVENT: An event sponsored and conducted by the Park
and Recreation Commission, the Chamber of Commerce, Jaycees,
American Legion or similar Council-recognized civic groups or
associations.
Subd. 5. OWNER: A person, other than a lienholder, having the property in
or title to a snowmobile and entitled to the use or possession thereof.
Subd. 6. PERSON: Includes an individual, partnership, corporation, the State
and its agencies and subdivisions, and any body of persons, whether in-
corporated or not.
Subd. 7. RIGHT-OF-WAY: The entire strip ofland traversed by a highway in
which the public owns the fee or an easement for roadway purposes.
802.01
802.02
Subd. 8. ROADWAY: That portion of a street or highway improved, designed
or ordinarily used for vehicular travel, including the shoulder.
Subd. 9. SAFETY or DEADMAN THROTTLE: A device which, when pressure
is removed from the engine accelerator or throttle, causes the motor to
be disengaged from the driving track.
Subd. 10. SNOWMOBILE:.A self-propelled vehicle designed for travel on snow
or ice or natural terrain steered by wheels, skis, or runnerS.
Subd. 11. STREET or HIGHWAY: The entire width between boundary lines
of any way or place when any part thereof is open to the use of the public,
as a matter of right, for the purposes of vehicular traffic. .
802.02:
OPERA TION ON STREETS AND HIGHWAYS:
Subd. 1. No person shall operate a snowmobile upon the roadway, shoulder or
inside bank or slope of any trunk, County-State aid, City or County
highway in the City and, in the case of a divided trunk or County highway,
on the right-of-way between the opposing lanes of traffic, except as pro-
vided in this Chapter, nor shall operation on any such highway be per-
mitted where the roadway directly abuts a public sidewalk or property
used for private purposes. No person shall operate a snowmobile within
the right-of-way of any trunk, County-State aid, City or County highway
between the hours of one-half (Y2) hour after sunset to one-half (Y2) hbur
before sunrise, except on the right-hand side of such right-of-way and
in the same direction as the highway traffic on the nearest lane of the
roadway adjacent thereto. No snowmobile shall be operated at any time
within the right-of-way of any interstate highway or freeway within the
City.
Subd. 2. No person shall operate a snowmobile upon the roadway of any street
or highway except for the purpose of direct travel from the person's home
to the closest snowmobile area by the shortest possible route and then
only if travel on the adjacent street or highway right-of-way is restricted
because of developed yards or physical barriers.
Subd. 3. A snowmobile may make a direct crossing of a street or highway ex-
cept an interstate highway or freeway, provided:
a. The crossing is made at an angle of approximately ninety degrees (900)
to the direction of the street or highway and at a place where no obstruc-
tion prevents a quick and safe crossing.
b. The snowmobile is brought to a complete stop before crossing the
shoulder or main travelled way of the highway.
c. The operator of the snowmobile must yield the right-of-way to all on-
coming traffic.
OLD- 2.
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802.02
802.03
d. In crossing a divided street or highway, the crossing is made at an in-
tersection of such street or highway with another public street or highway.
e. If the crossing is made between the hours of one-half Olz) hour after
sunset to one-half (!12) hour before sunrise or in conditions of reduced
visibility, only if both front and rear lights are illuminated. .
Subd. 4. No snowmobile shall be operated on a street or highway within the City
at a speed exceeding ten (10) miles per hour.
Subd. 5. No snowmobile shall enter any uncontrolled intersection without making
a complete stop. The operator shall then yield the right-of-way to any
vehicles or pedestrians.
Subd. 6. Notwithstanding any prohibition in this Chapter, a snowmobile may
be operated on a public thoroughfare in an emergency during the period
of time when snow upon such thoroughfare renders travel by automobile
impractical. .
802.03:
OPERATION, GENERALLY: Except as otherwise specifically
permitted and authorized, it is unlawful for any person to operate
a snowmobile within the limits of the City:
Subd. 1. On a public sidewalk or walkway provided or used for pedestrian tra.vel,
or on boulevards within any public right-of-way.
Subd. 2. On private property of another without lawful authority or express con-
sent of the owner or lessee.
SUDd. 3. On any other publicly-owned lands and frozen water, including blJt not
limited to park property, public or private school grounds, playgrounds,
recreation areas and golf courses, except areas previously listed or authoriz-
ed for such use by the proper public authority. In such areas, such use
shall be lawful and snowmobiles may be driven. in and out of such areas
by the shortest route. Authorized areas in the City owned by the City
shall be designated by Council resolution. Notwithstanding anything in
this Section contained to the contrary, snowmobile operation shall be per-
mitted on all public bodies of water within the City, provided that said
operation shall comply in all respects with provisions of this Chapter and
all other City ordinances. .
Subd. 4. At any place while under the influence. of intoxicating liquor or nar-
cotics or habit forming drugs.
Subd. 5. At a rate of speed greater than reasonable or proper under all the sur-
rounding circumstances. Racing is prohibited except as may be specifically
authorized as part of an organized event, which authorization shall be
by permit issued by the City Council. M'aximum speed limits shall be set
fr.om time to time by. Council resolution.
802.03
802.04
Subd. 6. At any place in a careless, reckless or negligent manner so as to en-
. danger the person or property of another or to cause injury or damage
thereto.
Subd. 7. So as to tow any person or thing on a public street or highway except
through use of a rigid tow bar attached to the rear of the snowmobile.
-~I
SHed. 8. ..\t a speed greater tHan tea (10) miles aa Hour '.vHca -..;itma'onc HHa '
mea fifty feet (ISO') of MY lake sHore:; or any fisHerman, fish or ice HOtlSC,
nor within one hundred fifty feet (150') of aay sliding area or skating
rink mhen in \.lse, nor ')!here the gp@ration would conflict "lith the lawful
use of property or would tmdanger other persons or property. -
Subd. 9. When the noise level of the snowmobile exceeds seventy eight (78)
decibels on the A Scale at fifty feet (50').
Subd. 10. Within the right-of-way of any public street or highway within the
City, unless the operator shall have a valid motor vehicle driver's license
issued by the State of Minnesota or a valid snowmobile safety certificate
issued by the Commissioner of Natural Resources, or unless accompanied
,by a licensed driver who is actually occupying a seat in the vehicle.
Subd. 11. Within the City between the hours of eleven o'clock (11 :00) P .M.and
seven o'clock (7:00) A.M. except for purposes of transportation to the
residence of the operator.
..
.~
802.04: EQUIPMENT: It is unlawful for any person to operate a
snowmobile any place within the limits of the City unless it is
equipped with the following:
Subd. 1. Standard mufflers which are properly attached and in constant opera- .
tion and which reduce the noise of operation of the motor to the minimum
necessary for operation. Mufflers shall comply with 6MC/..R section
-1.0057 :c.s, which certifies that a new snowmobile complies with the noise
limitation requirements of this rule. A manufacturer shall make such a
certification based on measurements made in accordance with the SAE
Recommended Practice'Jl92(a) as set forth in the Report of the Vehicle
Sound Level Committee, as approved by the'Society- of Automotive
Engineers September, 1970, and revised November, 1973.
Subd. 2. Brakes adequate to control the movement of and to stop and hold the
snowmobile under any conditions of operation.
Subd. 3. A -"safety or deadman" throttle in operating condition.
Subd. 4. At least one clear lamp attached to the front, with suffiCient intensity
to reveal persons and vehicles at a distance of at least one hundred feet
(100') ahead during the hours of darkness under normal atmospheric con-
ditions. Such head lamp shall be so aimed that glaring rays are not pro-
jected into the eyes of an oncoming veicle operator. It shall also be
equipped with at least one red tail lamp having a minimum candle power
of sufficient intensity to exhibit a red light plainly visible from a distance
of five hundred feet (500') to the rear during the hours of darkness under
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802.04
802.09
normal atmospheric conditions. The equipment shall be in operating con-
dition when the vehicle is operated between the hours of one-half (!h)
hour after sunset to one-half (Y'2) hour before sunrise or at times of reduced
visibility. .
Subd. 5. Reflective material at least sixteen (16) square inches on each side, for-
ward of the handlebars, so as to reflect or beam light at a ninety degree
(900) angle.
802.05 : APPLICATION OF OTHER LAWS: City traffic ordinances shall
apply to the operation of snowmobiles upon streets and highways,
_and Minnesota Statutes sections 84.81 to 84.88 and Minnesota Statutes chapter
169, as amended, and except for those provisions relating to required equipment,
are hereby adopted by reference.
802.06:
PERSONS UNDER . CERTAIN AGE:
Subd. 1. It is unlawful for any person under fourteen (14) years of age to operate
on streets, highways, public lands or frozen water or make a direct cross-
ing of a street or highway as the operator of a snowmobile unless accom-
panied by a parent or guardian. A person fourteen (14) years of age or
older, but less than eighteen (18) years of age, may operate a snowmobile
on streets, highways, public lands or frozen waters as permitted 1;11\der
this Section and make a direct crossing of a street or highway onl}' if he
has in his immediate possession a valid snowmobile safety certificate issued
by the Commissioner of Natural Resources.
Subd. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile
to be operated contrary to the provisions of this Section.
802.07:
LEAVING SNOWMOBILE UNATTENDED: Every person leav-
ing a snowmobile in a public place shall lock the ignition, remove
the key, and take the same with him.
802.08:
CHASING ANIMALS FORBIDDEN: It is unlawful to intentional-
ly drive, chase, run over, or kill any animal, wild or domestic, with
a snowmobile.
802.09:
LITTERING AND OBSTRUCTIONS:
Subd. 1. No person shall deposit paper, litter, rubbish or debris on public or
private property, or throw paper, litter, rubbish or debris from
snowmobiles.
Subd. 2. No person shall place obstructions, including ice blocks, on publicly-
owned lands or frozen waters so as to interfere with the lawful use thereof
by the public.
TO: Mayor and Council Members
After reviewinq the most recent draft of the Snowmobile Ordinance,
there are just a few items I would like to hiqhliqht for your
reference.
S801:1011 802.01, Su]:)d. 10. The word "wheels" should be deleted. As
currently worded, snowmobiles with wheel kits could operate on the
trail all summer lonq. Perhaps the definition could be worded
exactly as Minn. Stat. Sec. 84.81, Subd. 3 (see below).
Also, clearly define "natural terrain." This is an all
encompassinq term that could include improved yards.
802.02, Sub4. 2. Add "to and from the closest snowmobile trail."
It is currently confusinq. Are you tellinq these recreational
vehicles not to use the streets? This needs more clarification.
802.02, Sub4. 7. The practice of turninq around off the trail
would damaqe veqetation and set a bad practice of ditch ridinq and .
trail bank erosion. I would suqqest you delete the words "or for
the purpose of turninq around." Also, shouldn't a formal layout of
trail access points be presented for approval?
802.03, Sub4. 3. Is the City ready to accept 50 m.p.h. as a speed
limit within our community on small ponds that may be occupied by
skaters? If not specified this will happen.
802.03, Sub4. 7. "Hikinq and bikinq trail" should be included with
public street or hiqhway with reference to towinq with a riqid tow
bar.
802.03, Sub4. 10. There should be no exceptions to the curfew.
The curfew is unenforceable, even at 3:00 a.m. Several years aqo,
this problem was brouqht up to the Council and it ws stated that if
it continues to be a problem, the exception clause would be
chanqed. This is a time proven problem. .
Minn. Stat. Sec. 84.81, Subd. 3:
"Snowmobile" means a self-propelled vehicle desiqned for travel on
snow or ice steered by skis or runners.
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SOUTH LAKE MlNNETONKA PUBUC SAFElY DEPARTMENT
810 Excelsior Boulevard
Excelsior, Minnesota 55331
RICHARD A YOUNG
Chief of Police
(612) 474-3261
MEMORANDUM
.,.~.
OCT 23.
To: Mayor Barbara Brancel
From: Richard Young, Police Chief
Date: October 22, 1991
Subject: Snow Patrol Meeting
.
The following is a summary of our meeting this morning concerning
the Snow Patrol for the City of Shorewood. The discussion centered
on general concepts and specifics will be worked out in the near
future. Please contact me if your recollection is different.
Present: Mayor Brancel, City Administrator Hurm, Chief Young, Lt.
Hodgdon, Bill Kullberg and Mike Ellis.
The Snow Patrol for the City of Shorewood will be modeled after the
successful Snow Patrol which has been operating in BrooklYn Park
for 21 years.
It will consist of 10 to 12 members of the South West Trail
Association.
All members shall be volunteers without any compensation from the
Ci ty of Shorewood or the South Lake Miimetonka Public Safety
~ Department.
Those members will have a background check through the South Lake
Minnetonka Public Safety Department.
All members must receive approval of the South Lake Minnetonka
Public Safety Department.
All members are subject to immediate removal, without cause, upon
recommendation of the South Lake Minnetonka Public Safety
Department.
Members will be from the City of Shorewood, if possible. If not,
members will be from the area served by the South Lake Minnetonka
Public Safety Department. If enough members still can not be
found, membership will be open to all members of the South West
Trail Association.
Members shall be identified by blaze orange reflective safety vests
indicating Snow Patrol. Automobiles, when used for the Snow
Serving South LiJke MinnetonJal CommwUties of Excelsior, Greenw004 Shorewood and Tonka Bay
Patrol, shall be identified with a magnetic door sign indicating
Snow Patrol. Automobiles may also be equipped with amber warning
lights.
In no case will any other equipment or identification be used
without prior approval of the South Lake ~nnetonka Public Safety
Department and the City of Shorewood, ie. badges, weapons, etc.
Members may only issue warnings, and only
violations.
Members, when on duty, shall communicate through cellular telephone
if contact is necessary with the South Lake ~nnetonka Public
Safety Department.
A duty schedule shall be provided to the South Lake ~nnetonka
Public Safety Department based upon prior agreements. No member
shall identify themselves as a Snow Patrol member and attempt any
Snow Patrol related duty unless regularly scheduled and on duty.
Once organized, all communications will be through duly authorized
leaders of the Snow Patrol with the South Lake ~nnetonka Public
Safety Department.
Any complaints to be investigated by the Snow Patrol shall be
ini tiated by and/or through the South Lake ~nnetonka Public Safety
Dep,artment.
The South West Trail Association shall maintain its liability
insurance with the City of Shorewood and the South Lake ~nnetonka
Public Safety Department named as additional insureds.
.
The City of Shorewood will publicize the Snow Patrol through the
city newsletter.
The Snow Patrol shall patrol and respond to complaints throughout
the entire City of Shorewood.
The Snowmobile and Park ordinances are in the process of being
changed to allow Snow Patrol members to effectively perform their .
duties.
"The Snow Patrol shall concentrate on safety education and public
relations, with enforcement as a last resort.
Members on patrol shall refrain from contacting the South Lake
~nnetonka Public Safety Department except to issue citations, when
warranted, or in case of a disturbance or other emergency.
Members shall cooperate with officers of the South Lake ~nnetonka
Public Safety Department or any other duly authorized law
enforcement agency.
~""'~^1"':'.;<""'~:~
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\
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 801 AND 902
OF THE SHOREWOOD CITY CODE
RELATING TO USE OF POLICE VEHICLES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. Section 801.06 of the Shorewood City Code is
hereby amended as follows:
801. 06:
OPERATION OF VEHICLES IN PARKS OR ON PUBLIC
GROUNDS: Except police officers or duly authorized
and uniformed snow patrol personnel in the
performance of their duties, no person shall stop,
stand, or park a vehicle or operate any vehicle, or
ride any bicycle or horse, except in compliance
with the directions of a police officer on any park
property or other public grounds within the limits
of the City, except when such areas are designated
for any of such uses and signs prohibiting any of
such uses on any park property or public grounds
shall be complied with. (Ord. 53, 1-22-68)
.
Section 2. Section 902.04 of the Shorewood City Code is
hereby amended as follows:
902.04:
VEHICLE RESTRICTIONS: Except police officers or
duly authorized and uniformed snow patrol personnel
in performance of their duties, no person in a City
park or recreation area shall:
Subd. 1. Drive or park a vehicle, except an authorized or
emergency vehicle, on any turf or other area not
designated for parking or travel.
Subd. 2. Wash, grease, dismantle, repair, change or deposit
the oil of a vehicle anywhere in a park or
recreation area.
Subd. 3. Operate a motorized vehicle except on marked trails
during times designated by the City Council and/or
Park Commission.
Subd. 4. Operate any watercraft within designated swimming
areas.
Section 3. This Ordinance shall be in full force and effect
from and after its passage and publication.
7
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this ____ day of , 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City AdministatorjClerk
WCG:BD2
2.
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.
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801.05
801.09
or parking lot or on the frozen surface of any body of water within the City.
limits or the harbor limits of or adjacent to the limits of the City, so as to in-
dicate a disregard for the safety of persons or property, shall be guilty of careless
driving and ~uch careless driving is a misdemeanor.
801.06: ,; or : OPERATION OF.VEmCLES IN PARKS OR ON PUBLIC
: : ~ ~.,:':.. -'.; .- GROUNDS: N<? person shall stop, stand or park a vehicle or
operate any vehicle, or ride any bicycle or horse, .except in compliance with the
directions of a police officer on any park property or other public grounds within
the limits of the City, except when such areas are designated for any of such
uses and signs prohibiting any of such uses on any park property or public grounds
shall be complied with. I (Ord. 53, 1-22-68) .' .
.
801.07: USE OF BRIDGES AND PUBLIC WAYS: No person shall use
any part of, or be or stand on any public or private street or
highway, bridge or railroad bridge, forthe purpose of fishing, diving, jumping
and swimming therefrom. (Ord. 147, 8-8-83) .
801.08:
VEHICLE OPERATIONS:
Subd. 1. Driver's License Required: No person shall drive or operate a motor
vehicle upon any street or highway in the City without having in his posses-
sion, as required by the laws of the State of Minnesota,2 a validdriva!'s
license or chauffeur's license.
Subd. 2. No person shall drive or operate a motor vehicle without having thereon
proper motor vehicle license plates as required by the laws of the State
of Minnesota.3
Subd. 3. No person shall drive or operate a motor vehicle belonging to another
without the owner's consent. (Ord. 53, 1-22-68)
801.09:
SEASONAL WEIGHT RESTRICTIONS:
Subd. 1. The purpose of this Section is to preserve the condition of the public
streets within the City from serious damage and destruction by the ex-
cessive use of the streets by trucks and other heavily laden vehicles, to
reduce the amount of loss and expense to the taxpayers of the City for
street maintenance, and to reduce the amount of dirt, noise and other
undesirable conditions created by such traffic.
Subd. 2. It shall be unlawful for any vehicle or combination of vehicles during
the period of March 1 to May 1 of any year to operate upon the streets
or highways within the City with a gross weight of any single axle ex-
ceeding eight thousand (8,000) pounds. The Public Works pirector :n~y
prohibit the operation of vehicles upon any public street or highway WIthin
1. See also Chapter 902 of this Code.
2. M.S. U71.02.
3. M.S. chapter 168.
490
:
~
902.03
902.05
" "
Subd. 1. Kill, trap, hunt,l pursue or in any manner disturb or cause to be disturb-
ed any wildlife. ""
Subd. 2. Bring any dog, cat or other animal unless caged, kept on a leash not
more thaI?- six feet (6') in length or under control of its owner. "
. . .. .
Subd. 3. Permit any animal to disturb, harass or interfere with or endanger any
visitor orvis~tor's property, or tether any creature to a tree, plant, building
or park eqUlpment. .
Subd. 4. Permit any animal to enter unauthorized areas. Unauthorized areas"are
active play areas, picnic areas and park buildings. :"
Subd. 5. Release any insect, fish, animal or othe!" wildlife, or introduce any plant,
chemical or other agent potentially harmful to the vegetation, water supply
or wildlife of the area. .
Subd. 6. Ride a horse, except with prior approval from the City.
902.04:
VEHICLE RESTRICTIONS: No person in a City park or recrea-
tion area shall:
Subd. 1. Drive or park a vehicle, except an authorized or emergency vehicle, on
any turf or other area not designated for parking or travel. 2 .
...
Subd. 2. Wash, grease, dismantle, repair, change or deposit the oil of a vehicle
anywhere in a park or recreation area.
Subd. 3. Operate a motorized vehicle except on marked trails during times
designated by the City Council and/or Park Commission.
Subd. 4. Operate any watercraft within designated swimming areas.
902.05: ADDITIONAL RULES FOR USE OF PARK AND RECREA-
TION FACILITIES: The following are additional rules pertain-
ing to the use of public tennis courts, use of waters located in City parks and
use of public skating rinks. No person shall:
Subd. 1. Public "Tennis Courts:
a. Be allowed on any tennis courts while wearing street shoes.
b. Be allowed to make use of the tennis courts except for playing tennis.
c. Use a tennis court for longer than sixty (60) minutes when other tennis
players are waiting to use the tennis court.
Subd. 2. Swimming in Park Waters:
"
1. See Chapter 703 of this Code.
2. See also Section 801.06 of this Code.
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10/2/91 update
PARK AND RECREATION RESERVATION/USER FEES
FACILITIES RESERVATION/USER FEES STATEMENT OF PURPOSE
.
Shorewood's parks, athletic fields, and other facilities have been
developed to provide Shorewood/Minnetonka Community Services Area
Residents with a place to spend their recreational time. Area r~sidents _
should be able to use the park facilities at their convenience. Therefore,
if facilities are reserved for exclusive use by organizations, fees should
be paid for that right.
PROPOSED RESERVATION/USER FEES
.
Youth Non-profit Organizations within
the Minnetonka Community services Area
..
Adult Non-profit Organizations within
the Minnetonka Community Services Area
.
Private organizations, Individuals,
Families, or Businesses within the
Minnetonka Community Services area
.
Youth Non-profit Organizations outside
the Minnetonka Community Services Area
. Private Organizations outside the
Minnetonka Community Services Area
. Adult non-profit organizations and
Businesses outside the Minnetonka
Community Services Area
. Activity in park designed to make a
profit (private)
PARK AND RECREATION RESERVATION/USER FEES
PAGE TWO
QUALIFYING AS "WITHIN" THE MINNETONKA COMMUNITY SERVICES
AREA
The Community Services office will supply the city with a list of
qualifying organizations seasonally. organizat~ons not on the list
may apply to the Park Commission which will recommend action to the
City Council.
Note *
Although adult non-prOfit organizations within the
Minnetonka Community Services Area will not be charged a
fee for field usage the following is suggested:
. assist in improving the base field maintenance
provided by the City
.
. assist in Capital Improvement Program project?
· consider "donating" at a base fee rate for field
maintenance
.
update of 9/5/91 report
sn
10/2/91
C:\JIMHURM\USFEES91.905
.
.
SHOREWOOD PARK AND RECREATION
RESERVATION/USER FEE SCHEDULE
1992
Picnic areas, tennis courts, sliding hills, horseshoe pits, basketball
. courts, volleyball courts, and the fitness trail are on a "first come-first .
served basis" and their use is free of charge (some of the above are
proposed in the Park Capital Improvement Plan at this time).
$10 hr
$15 hr
$30 day +
attendant
salary
SKATING RINKS
(Per rink)
Unlighted rink (attendant included)
lighted rink (attendant included)
00
Tournament
SOCCER/FOOTBALL/BASEBALL/SOFTBALL FIELDS
. . .
(Per field)
Resident Fees
$20 day
$30 day
$50 day
Unlighted field
Lighted field
Tournament
Non-resident Fees
$60 day
$90 day
$150 day
Unlighted field
Lighted field
Tournament
MULTI-USE BUILDINGS
A deposit of $100 is required to assure cleanup and damage reparation
for the use of any park building. You are expected to leave the building
as clean as it was when you arrived. Any damage must be reported
immediately.
Resident Fees
$50
$100
Manor jBadger jCathcartjSilverwood
Freeman
Non-resident Fees
.
$150 Manor jBadger jCathcartjSilverwood
$300 Freeman
PICNIC PAVILIONS
Resident Fees
$25
$50
Manor jBadger jCathcart
Freeman
.
Non-resident Fees
$75 Manor jBadger jCathcart
$150 Freeman
NOTE * These fees are subject to change periodically if deemed
necessary by the Shorewood City Council
~"\"u . Aj'7'N TTOT"r"MAN BrM'T'N
: l\Vil1 Li\.fll\ 1 rt r r: ui 1J
(WED) 10, 23' 91
8'')J
. '- '
/ NO, 4060122784 P,
2
1 :
10/22/91
ORDINANCE NO.
I .
,
AN ORDINANCE AMENDING TITLE 400
OF THE SHOREWOOD CITY CODE,
ADDING CHAPTER 404 REGARDING
CONSUMPTION, PURCHASE AND
,POSSESSION OF ALCOHOL BY
PERSONS UNDER THE AGE OF 21 YEARS
THE CITY COUNCIL OF THE CITY OF SHOREWQOD, MINNESOTA, ORDAINS:
Section 1. Title 400 of the Shorewood City Code is hereby
amended by adding Chapter 404 in its entirety as follows I
,404.01:
.
404.02.
Subd. 1.
.
Subd. 2.
CONSUMPTION OF ALCOHOL BY PSRSORS UNDER ~HE AGE OF 21
YEARS: It i8 unlawful for'any person under the age of
21 years to consume any alcoholic beverages, or to be
present within the City having consumed alcohol. The
presence of alcohol as indicated by physical symptoms
shall constitute prima facie evidence of unlawful
consumption of an alcoholic beverage by persons under
the age of 21 years. If proven by a preponderance of
the evidence, it is 'an affirmative defense to a
violation of thie clause that the defendant consumed
the alcoholic beverage in the household of the
defendant's parent or guardian and with the CQnsent of
the parent or guardian.
FURNISHING ALCOHOLIC BlVERACES TO PERSONS UNDER 21
YEARS OF ACEI It is unlawful for any person:
To sell, barter, furnish, or give alcoholic beverages
to a person under 21 years of age. It shall
constitute prima facie evidence of a violation of this
subdivision for any adult resident to knowingly allow
unlawful consumption or possession of an alcoholic
beverage by persons under 21 years of ~ge within the
dwelling unit of an adult resident or within any yard
area related to the dwelling unit and within the
control of an adult resident. It shall constitute
prima facie evidence of a violation of this
subdivision if consumption or possession of an
alcoholic beverage by persons under 21 years of age is
in plain view of an adult resident or openly
displayed. If proven by a preponderance of the
evidence, it shall be an affirmative defense to a
violation of this Subdivision that the defendant is
the parent or guardian of the person under 21 years of
age and that the defendant gave or furnished the
alcoholic beverage to that person solely for
consumption in the defendant'8 household1 or
Under, the age of 21 years to purchase or attempt to
purchase any alcoholic beverage; or
q
FROM LARKIN HOFFMAN BLMTN
(WED) \O,2~ 9\ 8:24
/ NO, 4060122784 p, 3
Subd. 3. To induce a person under the age of 21 years to
purchase or procure any alcoholic beverage, or to lend
or knowingly permit the U5e of the person'5 driver's
license, permit, Minnesota identification card, or .
other form of identification by a person under the age
.of 21 years for the purpose of purchaSing or
attempting to. purchase an alcoholic beverage.
404.03: MISDEMEANORS: A violation of any provision of this
chapter is a misdemeanor.
Section 2. This Ordinance shall be in full force and effect
from and after its passags and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this ___ day of , 1991.
Barbara J. -Brancel, Mayor
.
ATTEST:
James C. Hurm
City Administrator/Clerk
.
WCG: IF7s
2.
. ".~'."-";--:"-.~'_.
.
.
QC1 '2 '2 \99\
TRANSPORTATION TASK FORCE PRESENTATION
PURPOSE
TO INVESTIGATE AND MAKE RECOMMENDATIONS TO THE CITY
COUNCIL CONCERNING ACTIONS WHICH MAY BE TAKEN TO
MINIMIZE THE EFFECT ON THE NEIGHBORHOOD OF INCREASED
TRAFFIC ON OLD MARKET ROAD CAUSED BY THE COMPLETION OF
THE OLD MARKET ROAD/HIGHWAY 7 INTERSECTION.
I(}
OBJECTIVES
* PROVIDE PRACTICAL RECOMMENDATIONS ON METHODS TO
PROMOTE A SAFE ENVIRONMENT AND TO PRESERVE THE
INTEGRITY OF THE NEIGHBORHOODS AFFECTED BY THE
INTERSECTION.
* MAKE PRACTICAL RECOMMENDATIONS ON WAYS TO REDUCE
TRAFFIC FLOW ON OLD MARKET ROAD/COVINGTON ROAD
RESULTING FROM INTERSECTION.
*
RECOMMEND METHODS TO INSURE RESIDENTS AFFECTED ARE
NOTIFIED OF THE TASK FORCE DELIBERATIONS AND
SUBSEQUENT CITY COUNCIL ACTION.
.
.
,-
~_, __.M,,'__..,__,___~._._~"_.'___H._,.,.,-.'~_~
.
.
TASK FORCE MEMBERS
JIM BERDAHL
DAVID DEAN
HAROLD NESS
BOB SNYDER
JIM FINSTUEN
19205 W A TERFORD PLACE
5690 OLD MARKET ROAD
19605 VINE RIDGE ROAD
19855 CHARTWELL HILL
19720 SWEETWATER CURVE
UPDATE
1ST MEETING 8/28
JOEL DRESEL REVIEWED CONSTRUCTION STATUS
G RADIN G/UTILITIES/MEDIAN
PHASE 1 ROAD SIGNAGE NOW/PHASE 2 WILL JOG THE
HIGHWAY
5 SLIP OFF RAMPS WILL BE CLOSED (2 ON NORTH 3 ON
SOUTH)
TENTATIVE COMPLETION - 11/15
POTENTIAL THAT SIGNAL LIGHTS WILL NOT BE
OPERATIONAL THIS FALL
JOEL DRESEL REVIEWED VINE HILL INTERSECTION
ORIGINALLY SLATED FOR 92 CONSTRUCTION
NOW SLATED FOR 94
PLANS IN FINAL DESIGN
FUNDING DOESN'T SEEM TO BE AN ISSUE
HOLDUP POSSIBLY RELATED TO A RIGHT-OF-WAY
.
CHRISTMAS LAKE ROAD INTERSECTION IMPROVEMENT EFFECTIVELY
CANCELLED.
LENGTHY DISCUSSION REGARDING SCHOOL CHILDREN AND THE
BUS ROUTES.
MANY MUST CROSS STREET
NO SIDEWALK
NO ONE USED TO TRAFFIC
NO SHOULDER/BIKEPATH/JOGGING
AN UNIMPROVED COVINGTON ROAD
.
.
.
UPDATE CONTINUED
2ND MEETING 10/17
JOEL DRESEL REVIEWED CONSTRUCTION STATUS
CURB AND GUTTER COMPLETED BY 11/1
PAVING TO FOLLOW
STILL QUESTION WHETHER MEDIAN COMPLETED THIS
FALL
DRESEL REVIEWED VINE HILL INTERSECTION
STILL SLATED FOR '94
FINALIZED TASK FORCE RECOMMENDATIONS
KEEP OLD MARKET CLOSED SOUTH OF FRONTAGE ROAD
* PRIMARY REASON FOR THE INTERSECTION: TO ALLOW
ACCESS TO COMMERCIAL DEVELOPMENT.
*
WHAT COULD HAPPEN WHEN OLD MARKET RD. OPENS SOUTH
OF FRONTAGE RD?
WITH ALL SLIP-OFF RAMPS CLOSED, VINEHILL
INTERSECTION UNIMPROVED, AND AN EASY ON-OFF, OLD
MARKET WILL BECOME A MAJOR TRAFFIC CARRIER.
AND FOR WHAT PURPOSE?
> THERE WILL BE NO COMMERCIAL DEVELOPMENT
FOR AT LEAST ANOTHER 10-12 MONTHS.
> THERE THEN IS NO LEVERAGE TO IMPROVE
VINEHILL INTERSECTION.
> IT WILL JEOPARDIZE SAFETY OF CHILDREN.
> IT WILL DESTROY INTEGRITY OF NEIGHBORHOOD.
> IF OPENED, COVINGTON SHOULD BE UPGRADED
AND THAT IS NOT IN THE CURRENT CAPITAL
IMPROVEMENT PLANS FOR AT LEAST FIVE YEARS.
.
.
.
.
TRANSPORTATION TASK FORCE
RECOMMENDATION
*
PHASE ONE RECOMMENDATION:
1. OPEN INTERSECTION TO FRONTAGE ROAD ONLY. DO
NOT OPEN OLD MARKET ROAD SOUTH OF FRONTAGE
ROAD UNTIL VINEHILL INTERSECTION IS IMPROVED.
2. CONTINUE MONITORING TRAFFIC AT KEY LOCATIONS.
3. CONTINUE WORKING WITH MINNETONKA REGARDING
COMPLETION OF TOWNLINE AND RESULTING TRAFFIC IT
WILL CREATE ON VINEHILL/COVINGTON/OLD MARKET RD.
4. LEA VE COVINGTON RD. AS A "T" INTO VINEHILL AND
AMEND COMP PLAN TO CONFORM WITH THIS
RECOMMENDATION.
*
BENEFITS:
1. ALLOWS ACCESS TO COMMERCIAL DEVELOPMENT FROM
HIGHWAY 7 WHEN OPEN.
2. KEEPS SLIP ON-OFF RAMPS CLOSED.
3. DOES NOT JEOPARDIZE CHILDREN'S SAFETY.
4. DOES NOT CHANGE CURRENT TRAFFIC PATTERNS.
5. SUSTAINS NEIGHBORHOOD INTEGRITY UNTIL A MORE
APPROPRIATE TIME.
6. PROVIDES A WINDOW OF TIME TO DEVELOP PHASE TWO
RECOMMENDATIONS.
7. PROMOTES A PARTNERSHIP WITH MINNETONKA TO
SHELTER NEIGHBORHOODS IN BOTH CITIES FROM
EXCESSIVE TRAFFIC.
TRANSPORTATION TASK FORCE
RECOMMENDATIONS
PHASE TWO RECOMMENDATIONS:
(PHASE TWO OCCURS WHEN OLD MARKET RD OPENS SOUTH OF
FRONTAGE RD.)
1. INSTALL STOP SIGNS ON OLD MARKET RD AT
WATERFORD PLACE.
2. INSTALL "CHILDREN CROSSING SIGNS" ON OLD MARKET
RD AT MUIRFIELD N. & S., WATERFORD PLACE,
CHARTWELL HILL AND COVINGTON.
3. REDUCE SPEED ALONG OLD MARKET RD/COVINGTON TO
25 MPH.
4. ENCOURAGE POLICE TO TICKET VIOLATORS OF SPEED
OR STOP SIGNS.
5. INSTALL SIDEWALK ALONG OLD MARKET ROAD.
6. CONSIDER AM/PM TRAFFIC REVERSAL
7 - 9 A.M.: NORTHBOUND TRAFFIC ONLY
4 - 6 P.M.: SOUTHBOUND TRAFFIC ONLY
BENEFITS:
1.
CLEARLY INFORMS MOTORISTS THAT THEY ARE
ENTERING A NEIGHBORHOOD, NOT A THRUWAY.
SIDEW ALK PROVIDES SAFE AREA FOR PEDESTRIANS.
AM/PM TRAFFIC REVERSAL REINFORCES THAT OLD
MARKET IS A LOCAL CITY STREET, NOT A CONNECTOR
BETWEEN CROSSTOWN AND EXCELSIOR.
2.
3.
.
.
RESOLUT:ION NO.
A Resolution Requesting the Minnesota Department of Transportation
to Expeditiously complete the Vine Hill Road :Intersection
Project at state Trunk Highway 7
WHEREAS, the City of Shorewood and the Minnesota Department of
Transportation (MnDOT) have worked jointly for several years toward
the improved traffic flow on State TruIfk Highway 7 (S.T.H.7)
through the City of Shorewood; and -
WHEREAS, the improvement of the Christmas Lake Road
intersection has been delayed indefinitely; and
.
WHEREAS, MnDOT has identified the intersection at vine Hill
Road as one of the most hazardous in the Metro-Golden Valley
District (formerly District 5); -and
WHEREAS, the S.T.H.7 Corridor Study-Final Report, dated
November 1986, recommended that:
"...The first project which needs to be implemented in this
area is the upgrading of the vine Hill Road/S.T.H.7
intersection..."; and
WHEREAS, MnDOT and the City of Shorewood have worked together
in building an intersection at Old Market Road and S.T.H.7 in 1991;
and
.
WHEREAS, a majority of the service road connecting the Old
Market Road intersection to the Vine Hill Road intersection is
currently being installed with the Old Market Road intersection
project; and
WHEREAS, upgrading the Vine Hill Road/S.T.H.7 intersection
will expedite upgrading service roads to the east in Minnetonka;
and
WHEREAS, during the planning phase of the Old Market Road
improvement, the Vine Hill Road improvement was to immediately
follow in the 1992 construction season; and
WHEREAS, the City Council commenced the construction.of the
Old Market Road intersection with the understanding that the Vine
Hill Road would be rebuilt in concert; and
WHEREAS, the City has now learned that the latest MnDOT time
schedule calls for construction of the Vine Hill Road intersection
improvement in 1994; and
WHEREAS, a special Transportation Task Force created by the
City to review the Old Market Road intersection and make
recommendations to minimize the effect on the neighborhood of
increased traffic due to the new intersection, has raised serious
concerns for opening the Old Market Road intersection without the
immediate completion of the Vine Hill Road intersection
improvement.
NOW, THEREFORE, BE IT RESOLVED, that the City council of the
City of Shorewood formally requests the timely completion of the
Vine Hill Road intersection project with construction to begin as
originally planned in 1992.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota,
this 28th day of October 1991.
.
Barbara J. Brancel, Mayor
ATTEST:
#
James C'. Hurm
City Administrator
.
\>
r
1991 TRAFFIC VOLUMES
MUNICIPAL STATE AID STREET SYSTEM
FOR THE
CITY OF SHOREWOOD, MINNESOTA
.
. .
.
ORR-SCHELEN-MAYERON & ASSOCIATES, INC.
ENGINEERS, ARCHITECTS, PLANNERS, AND SURVEYORS
2021 EAST HENNEPIN AVENUE, SUITE 238
MINNEAPOLIS, MINNESOTA 55413
(612) 331-8660
OSM PROJECT NO. 4590.20
ID
.- -'-"-~ .-.---.------ --:-~~-=:-_~=-~-:---:--::~--
OSH TRANSPORTATION DEPARTMENT
TRAFFIC COUNT DATA
0:
LOCATION :OLD MARKET ROAD NORTH OF WATER FORD PLACE
COUNTY :HENNEPIN
MACHINE' :2988
STATION.' :91-AA
FOR COUNTS BEGINNING : October 8, 1991
DATE 7 8 9 10 11 AVE. 12 13 AVERAGE
~Y MON. TUE. WED. THU. FRI. WK.DAY SAT. SUN. WEEKEND
-------------------------------------------------------------------------
HOURS
12M-1 6 1 1 2
1-2 1 2 1 1
2-3 1 1 1 1 ..
3-4 1 1 1 1
4-5 1 1 1 1
5-6 6 6 6 6
6-7 7 3 6 5
7-8 36 12 37 28
8-9 43 46 34 41
9-10 29 33 17 26
10-11 23 40 19 27
11-12N 43 34 38
12N-1 40 39 39
.-2 26 32 29
-3 44 43 43
3-4 39 36 37
4-5 47 40 43
5-6 42 43 38 41
6-7 41 37 27 35
7-8 24 14 39 25
8-9 13 11 14 12
9-10 14 12 9 11
10-11 1 4 6 3
11-12H 9 5 1 5
--------------------------------------------------------------------------
TOTALS 144 519 504 124 507
REMARKS
DATA FILE --> OMR.DA3
~- . - --~....."...~~
OSH TRANSPORTATION DEPARTMENT
TRAFFIC COUNT DATA
1
LOCATION :OLD HARKET ROAD SOUTH OF CHARTWELL HILL
COUNTY :HENNEPIN
MACHINE # :3028
STATION # :91-88
FOR COUNTS BEGINNING : October 8, 1991
DATE 7 8 9 10 11 AVE. 12 13 AVERAGE
DAY HON. TUE. WED. THU. FRI. WK.DAY SAT. SUN. WEEKEND
-------------------------------------------------------------------------- .
HOURS
12M-1 10 2 6
1-2 1 2 4 2
2-3 1 2 1 1
, .
3-4 1 1 1 1
4-5 1 1 1 1
5-6 3 1 1 1
6-7 11 4 4 6
7-8 31 13 9 17
8-9 23 28 33 28
9-10 13 20 14 15
10-11 15 21 20 18
"-12N 28 22 11 20
12N-1 26 22 20 22
1-2 25 17 13 18
2-3 31 27 29 .
3-4 39 31 35
4-5 34 33 33
5-6 36 39 32 35
6-7 28 25 40 31
7-8 24 23 36 27
8.9 12 8 29 16
9-10 13 7 15 11
10-11 4 6 11 7
"-'2M 7 6 3 5
.-------------------------------------------------------------------------
TOTALS 124 407 411 134 393
REMARKS
DATA FILE --> OMR.DA4
OSM TRANSPORTATION DEPARTMENT
0:
lOCATION :COVINGTON ROAD EAST OF OLD MARKET ROAD
COUNTY :HENNEPIN
MACHINE # :2988
FOR COUNTS BEGINNING : October 1, 1991
TRAFFIC COUNT DATA
STATION # :91-CC
DATE 30 1 2 3 4 AVE. 5 6 AVERAGE
~~-------~~~:_--~~::_--~:~:_--~~~:_--~~~:_-~:~~~---~~~:_--~~:_--~::~:~~
HOURS
12M-l
1-2
2-3
3-4
4-5
5-6
6-7
7-8
8-9
9-10
10-11
11-12N
12N-1
A:~
~-4
4-5
5-6
6-7
7-8
8-9
9-10
10-11
11-12M
101
56
29
26
7
8
1
1
1
1
1
2
7
2
40
2
30
2
36
29
32
5
53
42
71
61
24
34
17
12
1
2
1
1
1
1
6
19
34
29
27
35
42
31
27
29
1
1
1
1
6
10
37
15
28
18
39
30
29
17
53
42
86
58
26
30
12
10
1
1
TOTALS
--------------------------------------------------------------------------
REMARKS
229
507
283
557
DATA FILE --> OHR.OA2
OSM TRANSPORTATION DEPARTMENT
TRAFFIC COUNT DATA
t
LOCATION :COVINGTON ROAD ~EST OF VINE HILL
COUNTY :HENNEPIN
MACHINE # :3028
STATION # :91-00
FOR COUNTS BEGINNING October 1, 1991
DATE 30 1 2 3 4 AVE. 5 6 AVERAGE
DAY MON. TUE.- WED. THU. FRI. ~K.DAY SAT. SUN. ~EEKEND
--------------------------------------------------------------------------
HOURS
12M-1 3 5 4
1-2 1 3 2
2-3 1 1 1
3-4 1 2 1 II
4-5 2 4 3
5-6 6 6 6
6-7 32 28 30
7-8 98 115 106
8-9 109 104 106
9-10 65 61 63
10-11 59 63 61
11-12N 46 76 61
12N-1 80 71 75
1-2 84 73 78
2-3 98 59 78
3-4 11 86 48
4-5 110 84- 97
5-6 128 138 133
6-7 167 135 151
7-8 65 85 75
8-9 75 60 67
9-10 34 60 47
10-11 20 26 23
11-12M 3 4 3
--------------------------------------------------------------------------
TOTALS
602 1288
757
1323
REMARKS
DATA FILE --> OMR_DA1
.
.
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llayeron & OLD MARKET /COVINGTON ROAD
Date: Associates, Inc. CITY OF SHOREWOOD Sheet no.
10�8�91 Engineers •Architects • Planners • Surveyors AVERAGE WEEKDAY TRAFFIC 1
2021 Last Hennepin Avenue • Minneapolis. MM 55413 • 612- 331.5660
ANIMAL CONTROL CONTRACT
This agreement made this day of , 19_, by and
between the City of Chanhassen, hereinafter referred to as
"CHANHASSEN"; and the City of SHOREWOOD, hereinafter referred to as
SHOREWOOD, witnesseth:
In consideration of the covenants and agreements hereinafter set
forth, it is mutually agreed by and between the parties hereto as
follows:
1. This agreement shall be effective as of January 1, 1992, and
shall continue in effect until December 31, 1992 unless
cancelled pursuant to this agreement.
.
2. CHANHASSEN agrees to patrol the public streets of SHOREWOOD, in
accordance with a schedule provided by CHANHASSEN, agreed upon
by SHOREWOOD. If necessary, CHANHASSEN agrees to transport
animals as it deems appropriate. CHANHASSEN will attempt to
notify South Lake Minnetonka Public Safety Department prior to
impounding any animal.
3. CHANHASSEN agrees to provide personnel and equipment to provide
animal control services. Said employees shall perform their
duties in proper attire, utilizing a marked Chanhassen Public
Safety vehicle whenever available. These employees shall be in
uniform or have City of Chanhassen identification.
.
4. SHOREWOOD shall authorize CHANHASSEN to apprehend and retain
domestic animals and/or issue citations or warnings for
violations of city ordinances.*Wild animals shall only be dealt
wi th if present ing dangers of personal injury or s igni f i cant
property damage. However, CHANHASSEN shall not invade private
property contrary to the wishes of the owner of said property,
nor forcibly take an animal from any person without the approval
and assistance of a peace officer having jurisdiction in that
ci ty.
5. In addition to regularly scheduled hours of patrolling,
CHANHASSEN agrees to respond to "emergency call-outs" from
SHOREWOOD. CHANHASSEN will have an officer scheduled to respond
to such call-outs, to be billed to SHOREWOOD at a rate of time
and one-half per hour with a minimum of two hours. CHANHASSEN
shall respond at the earliest opportunity to such requests,
including bite cases or injured animals, as deemed appropriate
by CHANHASSEN.
An "emergency call-out" is def i ned as a spec if i c reques t for
animal control service during times that an officer is not on
duty. If a Chanhassen Animal Control Officer is on duty, even
though not assigned to SHOREWOOD, said officer will respond,
II
Animal Control Contract
Page 2
applying the time to the regular schedule (so that this would
not be considered an emergency call-out). If deemed appropriate
by the Chanhassen officer on call, a situation may be dealt with
over the phone, in which case no fee will be charged.
6. CHANHASSEN agrees to coordinate services with the Chanhassen
Veterinary Clinic, 440 West 79th Street, Chanhassen, MN, 55317,
as long as this arrangement is agreeable with the Chanhassen
Veterinary Clinic.
7. CHANHASSEN shall furnish monthly reports to SHOREWOOD reflecting
the charges for such veterinary fees as well as patrol and
emergency. call-out fees, wh i ch each city agr ees to pay
CHANHASSEN within 30 days of being billed.
8. When an animal is impounded by CHANHASSEN pursuant to this
animal control contract, said animal shall be held in accordance .
with Minnesota Statute 35.71. This statute includes, among
other things, that impounded animals will be held for at least
seven "regular business days" (as defined by MN. Stat. 35.71,
Subd. 3). In the event that any impounded animals are ~nclaimed
after a maximum of 9 days (7 "regular business days", and
possibly 2 partial days), the animal becomes the sole
responsibility of the Chanhassen Veterinary Clinic to be placed
or disposed of at their discretion.
9.
CHANHASSEN shall maintain reports on Chanhassen
utilize specific forms as requested by SHOREWOOD.
report of activity shall be provided to SHOREWOOD.
forms, or
A monthly
10. The City of CHANHASSEN will indemnify and hold harmless
SHOREWOOD for claims, suits, actions, damages and loss arising
out of the negligence or misconduct of the City of CHANHASSEN in .
conjunction with this agreement.
11. SHOREWOOD agrees to pay CHANHASSEN for services in the
performance of this contract, pursuant to Paragraph 15 of this
contract, as follow:
A) Price per hour for scheduled patrol
based on actual time in service....................$24.80
B) Price per emergency call-out.............2 hour minimum at
time and one-half per hourly rate. (Minimum callout fee
$74.40)
C) Impound, boarding, euthanasia, disposal and any other
veterinarY.fee, as charged by the veterinary clinic.
.'
D) Price per deceased animal disposed of by the City of
CHANHASSEN. ....................................... $10 .00
.
.
Animal Control Contract
Page 3
E) It is agreed that if the designated boarding facility or
euthanasia/disposal service is unavailable, SHOREWOOD shall
authorize CHANHASSEN to obtain these services elsewhere, and
SHOREWOOD shall pay CHANHASSEN the rates of the alternative
facility.
12. SHOREWOOD shall pay any veterinary bill incurred for unclaimed
animals impounded from SHOREWOOD. Owners claiming their animals
shall be charged the veterinary bill in its entirety, including
impound fees.
13. All payments shall be made by SHOREWOOD upon receipt of monthly
statements from CHANHASSEN within 30 days.
14. Because this is a joint effort involving the cities of
SHOREWOOD, VICTORIA, EXCELSIOR, TONKA BAY, GREENWOOD and
CHANHASSEN, it is agreed upon that any modifications to, or
withdrawals from this contract shall require the written
authority of each party. SHOREWOOD agrees that in the event
that one or more parties seek such change, including withdrawing
form the contract, said party (or parties) shall remain
obligated to pay for their agreed upon number of contract hours
unless otherwise agreed to by all parties pursuant to this
Paragraph for the remainder of the year.
15. SHOREWOOD further agrees that the fees reflected in this
contract are in effect only for the calendar year 1992.
16. Under no circumstances shall CHANHASSEN be obligated to respond
to any request for assistance or to patrol when, in the sole
discretion of the Chanhassen Public Safety Director or his duly
authorized agent, anyone of the following conditions exist:
(1) when necessary personnel and/or equipment are engaged
elsewhere, (2) when road or weather conditions constitute a
hazard, (3) when providing assistance would expose any person to
unreasonable risks.
17. The time-and manner in which service is rendered, the standard
of performance and the control of personnel employed to render
such service shall be determined by CHANHASSEN. CHANHASSEN
reserves the right to alter scheduling should conflicts arise
(i.e. CSO schooling, illness, vacation, etc.).
18. CHANHASSEN agrees to patrol the public streets of SHOREWOOD and
respond to animal control calls during regular patrol hours
pursuant to this agreement in SHOREWOOD ten (10) hours per week.
Animal Control Contract
Page 4
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
AND:
Don Ashworth, City Manager
CITY OF SHOREWOOD
BY:
Mayor
.
AND:
Clerk
.
.'
~ \9;9\
CC\ \
CITY OF
CHAHHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
October 11, 1991
James Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
.
Subj: Animal Control
Dear Jim,
This letter is to follow up on our recent discussion during which you
asked for clarification on animal control procedures.
The procedures work similarly for 8.11 cities that we contract with to
provide animal control services. Each city has contracted for a
certain number of hours of animal control patrol, which we provide at
a variety of times (this time is scheduled so that we are in the
cities at different times, including~pecific "problem times" that we
have been made aware of). Ifvwe are ~ispatched to an animal call in
one of the contracting cities during a time that a CSO is on duty, but
not necessarily working in Jhat city, that time is applied to patrol
time within the city.
.
Our Community Service Officers are dispatched either by the Chanhassen
Public Safety Secretary or the Carver County Sheriff's Office.
Generally, during business hours, calls come right to Chanhassen City
Hall so that Beth or Carol can contact the CSO via city radio. During
off hours, the Carver County Sheriff's Dispatcher handles animal
control calls. While citizens can call our officer or the Carver
County Sheriff's Dispatcher directly, it generally works best to have
the call come through the city hall of the city we are contracting
with, or with the law enforcement agency.
We have defined "emergency call outs" as calls that can not wait until
a community service officer is on duty. These may occur at night, or
even during the day when an officer is not scheduled, or may be off
ill, at school, etc. We always have a CSO on call with a pager for
such emergencies.
The system has worked well maintaining these call outs to those that
genuinely can not wait. Because cities are charged a two hour minimum
at time and one half, it gets expensive for the cities to have people
called out, and it is obviously inconvenient for the CSOs.
James Hurm
October 11, 1991
Page 2
, ,. -. .
"'-'.'-'
Nonetheless, we do respond to calls when necessary. Examples of
"emergency call outs" would include injured animals; instances where
a citizen has caught an animal and can not keep it until morning; when
an individual is arrested and has an animal in their possession.
Another issue has been that of wild animals. Our policy has continued
to be that we deal wi th wi ld animals that are posing a threat to
people or individuals. It has been our belief that we should not
encourage the interference with wild animals by supplying such
equipment as live traps, etc. It has been our position that all of
the cities that we contract with, including the City of Chanhasse~,
enjoy the benefits of being away from downtown, and that wild animals
are indeed a benefit of living in these cities, again, unless they are
threatening property or the safety of individuals. Our experience has
clearly been that education of citizens works much better than
trapping animals or killing them.
There is no question that animal calls can become volatile, 4It
particularly when we are dealing with people's pets. Our philosophy
has always been to educate people to help them find the suitable
solution to the problem, taking enforcement action when only
necessary. This has continued to work well.
I invite you to ask any questions you may have, as we are always open
to adjusting procedures to meet the continuing needs of our growing
communities. Thank you for this opportunity to address your
questions. I look forward to talking to you soon.
S~IY,
:5:> v~
Scott Harr
Public Safety Director
4It
SH:bk
CITY OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
eel 2 A \99\
MEMORANDUM
FROM: Scott Harr, Public Safety Directo
TO: Animal Control Cities
DATE: October 23, 1991
.
SUBJ: 1992 Contract
At the request of one of the cities, I would like to suggest that you
insert on your contract after paragraph 11.(D) "Chanhassen shall bill
the owner of the deceased animal for disposal when the party is known,
or the city from which the animal originated if the owner is not
known." Thank you.
cc: Bob Zydowsky, Community Servic Officer
.
-"
CITY OF
CHINHISSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
FROM: Scott Harr, Public Safety Director
MEMORANDUM
TO: Animal Control Cities
DATE: October 22, 1991
SUBJ: Wild Animal Policy
.
Attached please find a draft of the policy regarding wild animals
which I would like to invite your input on. If you have any problems
with it, would you please let me know ASAP, as I would like to
implement this policy by Novembeill, 1991. Thank you.
cc: Sgt. Julie Boden
Chanhassen Community Service Officers
.
C ITV OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
MEMORANDUM
TO: Chanhassen Community Service Officers
Animal Control Contract Cities
FROM: Scott Harr, Public Safety Director
DATE: October 23, 1991
~ SUBJ: Wild Animal Policy
The purpose of this memo is to provide a uniform policy and procedure
directive pertaining to dealing with wild animals.
BACKGROUND
In our continuing efforts to provide responsive, quality and humane
animal control services to the cities that we provide animal control
services for, the issue of ..how to most effectively deal with wild
animals has continued to be.~omewhat of a problem. We hav~ continued
to be confront e d wi t h the i ss u e of whether we wi II i n t e r fer e wi t h wi I d
animals in their own habitat, while remaining responsive to the needs
of our citizens. Be these situations continue to come to our
~ attention, I believe licy decision must be made.
ANALYSIS
The tension tha e ea with wild animal control is found
in attempting balance requests from citizens and keeping nature in
harmony. This balance occasionally is difficult to achieve.
There has never been an iss1.leasto whether we would respond if a wild
animal is posing a legitimate threat to people or property. We have
never had a problem with trapping or killing animals in these
situations.
However, the problem comes when people request that we respond to
their request to act even though no threat to their safety or their
property exists. The best example I can give are the number of
raccoon calls we receive. I feel comfortable in stating that, almost
always, the problem does not lie with the raccoons. Rather, people
have created a food source for the animals, and the animals
CSOs
Animal Control Contract Cities
October 23, 1991
Page 2
understandably are taking advantage of it. One ci t i zen trapped
raccoons in her garage, insisting that our animal control officers go
into the garage to catch them. After we did so several times, we
explained to her that a solution might be to keep the garage door
closed. She ins i s ted that she had to keep the door open so that
"kitty could get in at the food and drink that was always left in the
garage". On another situation, a citizen left generous amounts of
bird feed out that would fall onto the deck, which the raccoons found
most attractive.
Our experience has been that in almost every situation involving wild
animals (with the exception of Jhen an animal has been injured or is
sick) public education is the answer, not killing the animal for the
convenience of the complainant. (Not only is it unlawful for us to
transport, for example, raccoons, but it is our understanding that in
excess of 80% of transported raccoons die because they are so
territorial they will continue to roam until they find home again or
die.) Our Community Service Officers will have a substantial amount
of literature, and be available to provide information to r~sidents.
Unfortunately, some people have been reluctant to accept this advice
from our animal control officers, placing the CSOs in a difficult
position, thus the need for a procedure directive.
CONCLUSION
~h~refore, this memo will conclude with such a policy, and is being
made with the recognition that one of the most attractive aspects of
living in our communities is the presence of nature, including
wildlife. .
It is the policy of Chanhassen Public Safety that we shall not
interfere with wildlife unless the animal is posing a threat to
property or the safety of people. Complaints about the presence of
wild animals that appear to be generated from the presence of food or
other attractions on the property that can be remedied by the people
wi thout undue inconvenience, shall be deal t wi th through publ ic
education. Furthermore, Chanhassen Public Safety shall not transport
or destroy wild animals unless, again, the threat to property or
safety exist.
.
.
.
.
RESOLUTION NO.
A RESOLUTION APPROVING AND ADOPTING A POLICY
REGARDING DEFERMENT OF SPECIAL ASSESSMENTS FOR
SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS
WHEREAS, the City Council of the City of Shorewood is the
official governing body of the City of Shorewood; and
WHEREAS, Minn. Stat. S 435.193 authorizes the City of
Shorewood, upon proper application, to defer the payment of
special assessments for any homestead property owned by a
person 65 years of age or older or retired by virtue of a
permanent and total disability for whom it would be a hardship
to make the payments; and
WHEREAS, the City Council has determined that the deferment
of special assessments should be granted to any person
otherwise qualified who shall make proper application pursuant
to the standards and procedures set out in the attached policy
regarding deferment of special assessments, dated October 24,
1991.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Shorewood that the attached policy regarding deferment
of special assessments for senior citizens or retired and
disabled persons, dated, October 24, 1991, is hereby adopted as
an official policy of the City of Shorewood.
Adopted by the City Council of the City of Shorewood this
28th day of October, 1991.
Attest:
Barbara J. Brancel, Mayor
City of Shorewood
Attest:
James C. Hurm, City Administrator
City of Shorewood
Roll Call Votes:
Ayes:
Nays:
WCG:IG3s
/~
: "'--.:' :....... -.-' .i.;.,.:....~.":"'... ....1 ::--,,;,;..: _: ~:;~'-'".:- ':..';:':',,>:. :.:': .::~',--; .....;--';-i~.:.~, .,....-.~_.,~...;~:-~;':,.~.'7~~....~.~~~~:::...,;..:-
::---:;~.....:_-~
OCT 24 '91 14:33 LARKIN HOFFMAN BLMTN. P.2
CITY OF SHOREWOOD
POLICY REGARDING DEFERMENT OF SPECIAL ASSESSMENTS
FOR SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS
OCTOBER 24, 1991
.
1.) Deferment of Special Assessments for Senior Citizens.
The City Council may defer the payment of any special assessment
on homestead property owned by a person who is sixty-five (65)
years of age or older or retired by virtue of a permanent and
total disability when payment of the assessment would create a
hardship upon the-property owner as defined in Section 2. The
deferment shall be granted upon a certification by the owner on a
form prescribed by the county auditor supplemented by the City
Clerk to establish the qualification of the owner for such
deferment. The application shall be made within thirty (30) days
after the adoption of the assessment roll by the City Council and
shall be renewed, if the applicant is eligible for renewal, at
the end of the assessment term upon written notice by the City of
expiration of the deferment. The City Council shall either grant
or deny the deferment and if it grants the deferment, it may
require the payment of the interest due each year. If the City
Council grants the deferment, the City Clerk shall notify ~he
County Auditor who shall, in accordance with Minn. Stat. .
~ 435.194, record a notice of the deferment with the County
Recorder setting forth the amount of the assessment.
.
2.) Standards of Hardship. A hardship shall be deemed
prima facie to exist when all of the following apply:
(a) The annual gross income of the applicant according to
the applicant's most recent federal income tax return
plus the applicant's tax-exempt income does not exceed
the most recent low-income limits as established by the
HUD Section 8 housing program. If no such return was
made, the City Clerk shall require the applicant to
submit other pertinent information to show that this
qualification is met.
(b) The average annual payment due for all assessments
levied against the property exceeds one and one-half
percent (1 1/2%) of the applicant's income as thus
calculated.
(c) The special assessments to be deferred exceed Three
Hundred Dollars ($300.00).
Notwithstanding the foregoing provisions of this subdivision,
the City Council may consider exceptional and unusual
circumstances pertaining to an applicant not covered by the. above
standards; but any determination shall be made in a
nondiscriminatory manner and shall not give the applicant an
unreasonable preference or advantage over other applicants.
.
.
..."t . ..~ ". .
OCT 24 '91 14:34 LARKIN HOFFMAN BLMTN.
P.3
3.} The option to defer the payment of special assessments
shall terminate and all amounts accumulated plus applicable
interest shall become due upon the occurrence of anyone of the
following events: .
(a) The death of the owner when there is no spouse who is
eligible for deferment;
(b) The sale, transfer, or subdivision of all or any part of
the property;
(c) Loss of homestead status on the property;
(d) Determination by the City Council for any reason that
there would be no hardship to require immediate or
partial payment; or .
(e) Failure to file a renewal application within the time
prescribed by Section 1.
4.) Upon the occurrence of one of the events specified in
. Section 3, the City'Council shall terminate the deferment.
Thereupon, the City Clerk shall notify the County Assessorpnd
the County Auditor of the termination, including the amounes
laccumulated on unpaid installments plus applicable interest which
shall become due and payable as a result of the termination.
WCG:BEl
2.
,_.
. .
.~~
.
.
OCT 24 '91 14:35 LARKIN HOFFMAN BLMTN.
. ; ."t\_t.......~_~:.j:.:~:;~.t....;... "',_ ~:..:~.__~,,:~~.:.. . ._._._~.....;. ':' ':'';;~::':--'-:-:..:!-;'i,,'~ ._~,"'~<
P.4
CITY OF SHOREWOOD
APPLICATION FOR DEFEl~NT OF SPECIAL ASSESSMENTS
CONFIDENTIAL FINANCIAL DISCLOSURE STATEMENT
NAME
ADDRESS
PHONE NO.
I, (WE) I the undersigned, heJ::ewith furnish the following
financial information to the City of Shorewood to he used in
evaluating my (our) request f'or deferment of special assessments -
levied against my (our) prope~rty.
So that the City of Shorewood might evaluate the above request, I
(WE) list below the amount of money my (our) household receives
each year from all sources:
Kinds of Income
Received
Wife
Members of ~amily
Who Live with You
Husband .
1. Salaries & Wages
$
$
2. Social Security
3. Veteran's Benefits
4. Other Retirement
5. Money from Rents
6. Unemployment
Insurance
7. Worker's
Compensation
8. Disability
Benefits
9. Stock Dividends
or Interest
10. All Other
:t:.
.
.
~
> -".'...'." .,::.'.' .;......:~~ _._~.._'.,....-,.,. -..:.. .....~- ~..-
P.5
OCT 24 '91 14:35 LARKIN HOFFMAN BLMTN.
I (we) have read the foregoing statements and the answers made,
and under penalties of perjury, declare them to be true and
correct to the best of my (our) knowledge and belief.
Date
signature of Applicant
Date
Signature of Applicant
Thank you very much for filing put this form. The City of
Shorewood will review your request for deferment of Special
Assessments. You 'will be notified in writing as to whether or
not your application qualifies.
He 22 I
IlHbl
, . ~
APPLICATION AND AUTHORIZATION Fon TAX DEFERRAL
Specl:!1 ASSl;!s>nl~llts for Sp.njl)r Citizens' Homcstcild
Law$ 1976, Ch<tPlf,!1 195
StlltA of Minnesota
CO'lntv of Honnopln
APPLICANT: $uh."lt '1 not31'Izod Cl'f.';':S (Jf this UPf.liI::.t\I,:,"
10. 'iollr municipalll\' "1' laxill!J <J:flrk\.
J:TE
'''-'--'-'-
--...------...-
PA,NT OR TYPr,: r~AME lien!::
~:;;.lul1t.f.'.r!l.::'''''.rlnr,t;''u: . -.----.-. .. t"~l 1 "'" "oll~,t m." f:lS y~~;~,~g;.._-..-....... .........--...--..........0.........
rOtidll "' .r,<I 111.\ Ih~ d.ll.. .,1 "w 1)lrth It
ihal t wnthe ?W"P.I' 01:~1~; prop':rty logully d,"';r;'ibp.d U$: IOlvp.leg~ld;~ripti:;;;i-..- l PLAT II'AnCrC--'-'-"-.-_
[=:J AbUrac\ CJTl.llrllrt' _
c:J A(ldiliol\~l Shill" Artt'CllflCf
That my Interest in thl! oWI'ership of tho above
anAts follows: c:J SOLE OWNERSHIP
~OINT TENANCY - HEI.O WITH
ploperty was 3cqllirf:ld on __. . ..,--
c=J OlHER UNDIVIDED INTEREST - Speclfy
19 ___
That on .'nllu:ny 2. 19_ _. or JUlie 1, 19__
._ 19__.
That the a5SaS5m~111 chlll'gcs dUly adoplod hy ordinonce which hove be':'l'I allocatf!o 8t1.lirlst tllll f.lIbj"t;t PtOpP.rty WOlJl(1 creal>} undue pcr.,onrrl hod.
ship on mv behalf and I raSI1p.ctrully rp-l\lIp.ti\ that P3Ylllrn~ b\1 c!nl\iyrrJ <1nd that slIdl t;ll("~ bf:l defel'r~d.
.-- -.--.'- --------.-.----
APPLICANi: Cnl'l1plctc ullshoded nl'e35 For asr.islcllll:P. ';Olllact YOUI' municipal clerk.
___. 0._'_.- __. ___.._.____
Dall' IJI f=lr11 TowJ An'!l. Fll!r,'t;'.ining AmI. 'nt'.l'l!!t Rail! Arnovrlt
Annuli! PaVI11~n\ of Lwy Of Lpvv of LllVY Defuffl.d
.....--- ---- --..---.-..
.... I ownl~d and l)Ix;uplr.d thc ohove Prof)!:'lty as my homesteall and that such l)(:cllpancy began on
Levy No.
.-..-----
--..---.
.-.--......-.---
.
---.. --~._...~._-----
Notarial Stamp or SAlll
-.---. ., .-- -----.--- ---'-
- ..--.
------ ----.-- .----.--
STATE OF MINNESOTA
County of
.-
rllC foregoing lmtrurnent was llcklloWlerJgp(IIJp'futP'1l1P' this
-
-;:::
1991 INCOME LIMITS - HOD SECTION 8
NUMBER IN HOUSEHOLD HOUSEHOLD INCOME
1 PERSON $16,800
2 PERSONS $19,200
3 PERSONS $21,600
4 PERSONS $24,000
5 PERSONS $25,900
6 PERSONS $27,800
. 7 PERSONS $29,750
8 PERSONS $31,700
INCOME INFORMATION
Income means any amount received from,
sources by any resident:
Any pUblic assistance, including,
but not limited to, Welfare, AFDC,
SSI, and Unemployment Compensation
- Pensions and annuities, including
4It PERA and Social Security
- Estate or Trust Income
- Gains from the sale of property
or securities
but not limited to, the following
- Salaries, including commissions,
bonuses, overtime pay and tips
- Interest and dividends
- Rental Income
- Business profit - for self-employed
individuals, including farmers
- payments received from properties
being sold on Contracts for Deed
;, -
~
.
.
(liP'
L (J /
;'! J ,,~,~-; V
,," ~)'~-t..~,f-----"
OCT ! 5 1991
GAB Business Services Inc
9531 West 78th Street Suite 320
Eden Prairie Minnesota 55344
Telephone 612-942-9818
FAX 612-943-2383
Claims Control Branch
October 9, 1991
Attn: David C. Sellergren
Larkin, Hoffman, Daly & Lindgren
1500 Northwestern Financial Centers
7900 Xerxes Ave., So. .
Bloomington, MN 55431
GAB FILE NO:
TRUST MEMBER:
CLAIMANT/PLAINTIFF:
56509-02072
CITY OF SHOREWOOD
RONALD-R. AND DEE L. JOHNSON
Dear Mr. Sellergren:
On behalf of the League of Minnesota Cities Insurance
Trust (LMCIT) this letter will formally acknowledge
receipt of the lawsuit f iledin Hennepin Co. Dist. Court
entitled, "Ronald R. Johnson and Dee L. Johnson,
plaintiffs/Petitioners vs. City of Shorewood and the
Shorewood City Council, said council consisting of Mayor
Barbara J. Brancel, and councilpersons Rob Daugherty,
Daniel Lewis, Kristi Stover and Robert Gagne,
Defendants/Respondents."
Pursuant to our telephone conversation of Sept. 12, 1991
at which time I advised you that LMCIT is disclaiming
coverage of the above captioned lawsuit. Please then
accept this correspondence as our formal declination of
coverage with respect to that case. . I advised you when I
spoke on Sept. 12, 1991 with you that LMCIT would not be
responding to the pleadings and that you should take
whatever steps are necessary to protect the city's and
council's immediate interests. I suspect that you have
already done so.
Please then accept this as our formal declination of
coverage pursuant to Covenant No. CMC11300 as issued to
the city of Shorewood by the LMCIT. The coverage period
is 11-1~90 thru 11-1-91 and is on a claims made basis.
In general terms this lawsuit arises out of land use
issues on developments of property. The relief sought is
IS A - (
.
.
56509-02072
-2-
declaratory in nature and also seeks Court Orders to
initiate eminent domain proceedings.
Your city's coverages with the LMCIT include, in part,
Coverage A General Liability Bodily Injury and
Property Damage (Claims Made Basis); Coverage C. Personal
Injury Liability (Claims Made Basis); and CoverageD.
Errors or Omissions Liability (Claims Made Basis).
Without ~oing into a len~thy discussion of Coverages A and
C, I bel1eve, it is suff1cient to state that coverage does
not apply under -those coverage parts because the events
claimed and relief sought in this lawsuit do not meet the
applicable definitions of occurrence, bodily injury,
property damage, or personal injury.
Your coverages with the LMCIT also contain Coverage D,
Errors or Omissions Liability. The coverage agreement
states, in part, that the LMCIT will pay on behalf of the
"covered party" all sums which the "covered party" shall
become legally obligated to pay as damages on account of
any claim first made against the "covered party" during
the coverage period by reason of any negligent act, error,
omission, or the violation of any rights , privileges Qr
immunities secured by the Constitution and the laws of the
United states of America. "Damages" means money damages
and includes awards for attorney fees with respect to
Federal Civil Rights suits and state Human Rights suits.
"Occurrence" means with respect to errors or omissions
injury (Coverage D), a negligent act, error, omission, or
violation of any rights, privileges, or immunities secured
by the Constitution and the laws of the United states of
America or a series of related acts, errors, omissions, or
violations of which the series of related acts, errors,
omissions, or violations shall be deemed to have occurred
when the first act, error, omission, or violation ocurred.
Damages means money damages and includes awards for
attorney fees with respect to Federal civil Rights suits
and state Human Rights suits. Damages does not include
any of the following: (c.) Fines or penalties imposed by
law (d. ) Repayment of any tax or assessment that was
wrongfully obtained.
Further as respects Coverage D - Errors or Omissions,
subpart 2, Exclusions, states that this coverage does not
apply: (e.) To any claim for damages arising out of
condemnation, inverse condemnation, adverse possession, or
dedication by adverse use.
56509-02072
-3-
Accordingly , it is the posi tion of the LMCIT that the
events claimed or relief sought do not arise out of an
occurrence, do not meet the applicable definition of
damages, and are specifically excluded. Therefore,
coverage does not apply.
In addition to the above mentioned coverage issues which I
have cited, there could be other coverage defenses or
exclusions that may be applicable. I reserve the rights
of the LMCIT to raise such further coverage defenses or
exclusions as are applicable.
To the extent that the pleadings are amended at some time
in the future and you wish us to review our coverage
position, please forward the documents to us for
re-consideration. To the extent you have any questions,
please do not hesitate to contact me.
Once again, please take those steps on behalf of the city
to protect their interests as LMCIT will not be responding
in this matter.
.
Sincerely,
Doug Gronli
Branch Casualty Supervisor
DG:KAR
cc: City Administrator
J. Hurm
City of Shorewood
5755 Country Club Rd.
Shorewood, MN 55331
cc: LMCIT
.
cc: BRS
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
,JAMES P. !.ARKIN
ROBERT L. HOF"FMAN
.JACK F. DALY
D. KENNETH LINDGREN
GERALD H. FRIEDELL
ALLAN E. MULLIGAN
ROBERT J. HENNESSEY
JAMES C. ERICKSON
EDWARD .J. DRISCOLL
GENE N. PULLER
DAVID Co SELLERGREN
.JOHN D. FULLMER
ROBERT E. BOYLE
FRANK I. HARVEY
CHARLES S. MODELL
CHRISTOPHER ..I. DIETZEN
.JOHN R. BEATTIE
LINDA H. FISHER
THOMAS P. STOLTMAN
STevEN G. LEVIN
MICHAEL C. .JACKMAN
.JOHN E. DIEHL
JON S.5WIERZEWStc.1
THOMAS-.J. FLYNN
.JAMES P.OUINN
TODD I. FREEMAN
STEPHEN e. SOLOMON
PETER K. BECK
.JEROME H. KAHNKE
SHERRILL R. OMAN
GERALD L. SECK
.JOHN B. LUNDQUIST
DAYLE NOLAN ..
THOMAS S. HUMPHREY, .JR.
MICHAEL T. MCKIM
HEAMAN L. TALL!:
VI NCENT G. ELLA
ANDREW .J. MITCHELL
.JOHN A. COTTER"
BEATRICE: /II.. ROTHWEILER
ATTORNEYS AT LAW
1500 NORTHWE:5TE:RN FINANCIAL CE:NTE:R
7900 XE:RXE:S AVENUE: 50UTH
BLOOMINGTON, MINNE:50TA 55431
TE:LE:PHONE: /6121 835-3800
FAX 16121 696-3333
0.0T -
\)LJ i
2000 PIPE:R JAFFRAY TOWE:R
222 SOUTH NINTH 5TRE:E:T
MINNE:APOLIS, MINNE:50TA 55402
TE:LE:PHONE: 16121 336-6610
FAX 16121 336-9760
Reply to Bloomington
MEMORANDUM
.
TO:
James Hurm, City Administrator
City of Shore wood
FROM:
David C. Sellergren
Daniel W. Voss
DATE:
October 4, 1991
RE:
Amendment to Section 1201.08, Subd. 2 of the
Shorewood City Code
PAUL B. PLUNKETT
ALAN L. KILDOW
KATHLEEN .... PICOTTE: NEWMAN
MICHAEL S. LEBARON
GREGORY E. KORSTAO
GARY A. VAN CLEVE
MICHAEL B. BRAMAN
DONNA L. ROBACK
AMY DARR GRADY
JEFFREY Co ANDERSON
CANI EL L. BOWLES
TODD M. VL,.ATKOVICH
TIMOTHY .J. McMANUS
MICHAEL A. ROBERTSON
LISA A. GRAY
GARY A.RENNEKE
THOMAS H. WEAVER
SHANNON K. McCAMBRIDGE
.JULIE' A. WRASE
CHRISTOPHER J. HARR1STHAL
SHARON L. BRENNA
MARIKAYCANAGA LI1"ZAU
TIMOTHY J.KEANE
WILLIAM C..GR1FF1TH. .JR.
JOHN oJ. STEFFENHAGEN
DANIEL W. voss
MARK A. RURIK
.JOHN R. HILL
.JAM ItS K. MARTI N
THOMAS oJ. SEYMOUR
MICHAEL.J. SMITH
RENAY W. LEONE
FREDERICK K. HAUSER m
MARY E. VOS
LOREN A.SINGER
OF COUNSEL
WENDELL A.ANDE.RSON
CHARLES R. WEAVER
....OSEPH OITIS
RICHARD A. NORDBYE
CAVle .). PEAT
. ALSO ADMITTED IN
WISCONSIN
As you may know we recently concluded a prosecution against Chester
Yanik, who was charged with violating the 50 foot setback of a
shoreland district. Mr. Yanik had constructed a gazebo and a deck in
~iS rear yard in violation of the City Code and he was prosecuted
criminally under Section 1201.08, Subd. land 2. Mr. Yanik's attorney
maintained that Mr. Yanik was not subject to imprisonment because of
the language of Section 1201.08, Subd. 2. This provision sets forth
the penalty for violating the provisions of Title 1200 of the City
Code and it states as follows:
Penalty: Any person who violates any of the
provisions of this Ordinance shall, upon conviction
thereof, be fined not more than the maximum penalty
for a misdemeanor prescribed under state law. Each
day that a violation is permitted to exist shall
constitute a separate offense.
Shorewood City Code Section 1201.08, Subd. 2.
IS A - Z
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
James Hurm, City Administrator
October 4, 1991
Page 2
Given the outcome in the matter the judge was never required to rule
on whether Section 1201.08, Subd. 2 allows for imprisonment. It is
our suggestion that Section 1201.08, Subd. 2 be amended so as to make
clear that it allows for imprisonment. We believe that Section
1201.08, Subd. 2 should be amended to read as follows:
Penalty: Any person who violates any of the
provisions of this Ordinance shall be deemed guilty
of a misdemeanor. Each day that a violation is
permitted to exist shall constitute a separate
offense.
If you have any questions or need additional information, please feel
free to call upon us.
.
.
DWV:FF8s
.
.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 1201.08, SUBD. 2
OF THE SHOREWOOD CITY CODE
RELATING TO PENALTY FOR
ORDINANCE VIOLATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. Section 1201.08, Subd. 2 of the Shorewood City
Code is hereby amended to read as follows:
1201.08, Subd. 2 Penalty:
Any person who violates any of the
provisions of this Ordinance shall
be deemed guilty of a misdemeanor.
Each day that a violation exists
shall constitute a separate offense.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this ___ day of , 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
MAYOR
Barb Brancel
COUNCIL
Kristi Stover.
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331 -(612) 474-3236
MEMO:
Mayor and Councilmembers
.
DATE:
October 24 , 1991
f
FROM:
James C. Hurm, City Administrator
RE:
statement of Purpose
The City employees have been working for sometime on the attached
statement which defines our purpose, our goal and our expectations
as City officials and employees. We would like the City Council to
review this statement and adopt it or a revised version. We will
then publish it and base our decisions and actions on it.
all
.
A Residential Community on Lake Minnetonka's South Shore
;5D-2..
.
.
city of Shorewood
This statement is a point of reference for all decisions and
actions of Shorewood city Officials and Employees.
Our PurDose: to provide a value in municipal services, to assure
compliance with community laws and standards, and to keep citizens
informed of those services, laws and standards.
Our Goal: to serve our purpose in such an efficient, friendly
manner that residents feel good about being citizens of the
Shorewood community.
Our EXDectations: to accomplish our goal we must serve in an
impartial fashion; be open, accurate, patient and courteous; and
take pride in the job we do.
Let us know when we donlt meet our expectations!
10/21/91
IS D-2
.
.
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMO TO: Mayor and City Council
FROM: James C. Hurm, City Administrator
DATE: October 25, 1991
RE: Engineering Services
THE PROPOSAL
An analysis of Engineering services for the city has now been
completed. It is my recommendation that a full time, staff, City
Engineer be hired in January of 1992. Even when not in~luding
large projects such as Old Market Road or not considering any
future large projects, the position can be fiscally justified.
A staff City Engineer should be available on a daily basis at City
Hall for planning, budgeting, easement acquisition, public
assistance and relations, assisting staff and the City Council.
Every hour a Consulting Engineer spends on these matters is charged
to the City at a high hourly rate.
The fiscal analysis, below, shows that an estimated $80,000 less
would have been spent annually on consulting services over the last
two years if a staff City Engineer were available. The proposed
Engineer Budget for 1992 totals nearly $76,000. Either direction
is expensive, however, a staff Engineer will give us greater
control and flexibility.
The attached four page job discription (Attachment I) concisely
lists the tasks which this position would be responsible for. None
of these tasks are taken from the Public Works Director I s job
discription. Don Zdrazil has worked closely with me in developing
the job discription and feels a staff Engineering position would
improve efficiency. Although the position is completely seperate
from the Public Works department the proposed job discription
explains that it is our intention for the position "to gradually
transform into an Engineer/Public Works Director". This will
provide for a smooth transition if Don were to pursue retirement in
five years or so.
15D-if
A Residential Community on Lake Minfletonka's South Shore
FISCAL ANALYSIS
Even when not including the Old Market Road intersection project the City
will have averaged over $9,300 per month for Engineering services during 1990
and 1991. (Refer Attachment II for a full engineering cost analysis).
The following expenditures could be expected to be negated by hiring a full
time Engineer:
1990
Engineering First 8 Months/1991
Services Annualized (times 1. 5) ~
General 11,'643 25,896
Office Hours -0- 2,772 .
Bridge Inspection 1,116 1,161
CIP -0- 7.737
12,759 + 37,566 +2 = 25,162
Pass thru Charges Could
, be charged by the City
rather than Consulting
Engineering
21,813
8,450 8,450
(use low year)
Samples of Project Consulting Engineering Costs which could be saved:
1990 1991 First 8 Months .
Salt Storage 5,216 $ 4,900
Church Road 4,000 1,014
Badger Park Building 3,700 105
Street Project Plans & Specs 14,668 14,668 .
Shady Hills Drainage 6,839 3,064
MSA Engineering 10,784 2,905
Sewer Rehab & I&I 5,373 363
Glen Road Drainage Studies 7,137 1,569
Amesbury Pump Repair 1,407 174
Review of State Intersection 2,306 70
Grant Lorenz Drainage Prelim 2.627 - 0 -
64,057 + 28,832 +2 = 46.444
Estimated Annual savings $80,056
· would have been spent if streets were done in 1991
-2-
.
.
PROPOSED BUDGET
The proposed budget (Attachment III) includes $42,000 starting
salary for the Engineer. The estimated salary range for 1992 would
be $42,000 to $48,000. This would be adjusted and finalized after
the job discription is adopted and comparable 'worth study
completed.
The budget also includes one-fourth of the Public Works and Park
Secretary salaries. Sue .Niccum's position would be split: one-
fourth, engineering; one-fourth, public works; one-fourth, parks;
and one-fourth, general.
The proposed budget is explained in detail in the enclosed
attachment. It includes $6,225 for part-time assistance (ie.
drafting, inspections, intern) and $3,000 for specialized
engineering services.
CONCLUSION
.
The Engineering Department budget can be funded without an increase
in tax levy. Attachment IV explains the budget transfers which
would be necessary. It explains that of the $75,633 budget, $7,880
are expenditures which had been accounted to other departments,
$38,000 are expenditures which would have been spent on Engineering
for general activities and street work, and $29,753 would have been
spent on engineering for utility and capital projects. Pass
through charges to developers would be additional revenues.
If you have any questions or would like more information please
call me before the meeting.
all
-3-
Position:
City Engineer
Objective and Scope:
As City Engineer this position plans, budgets, oversees, and in
general manages all contracted Public Works improvement projects;
assists and advises the various departments of the City in
engineering and technical matters; and performs the duties and
responsibilities of City Engineer as set forth in the City Code.
Relationship:
Reports to:
City Administrator/Clerk
Supervises:
Any person assigned to the engineering department.
Specific Responsibilities:
.
1.
Planning/Budgeting
A. Coordinates the preparation of the annual 5-year capital
improvement program under the direction of the Ci ty
Administrator.
B. Responsible for preparing and managing the engineering
department annual operating budget.
C. Responsible for implementation of the annual capital
improvement budget.
D. Develop, maintain, and administer engineering and design
standards for public improvements.
.
2.
Project Management
Is responsible for proj ect management of all City capital
improvement projects (ie. drainage, parks, sanitary sewer,
streets, buildings and water).
A. Is responsible for the organization of all engineering
and capital project files.
B. Oversees and coordinates all consulting engineering
services.
. prepares, recommends,
engineering services
and oversees contracts for
. reviews and approves bills for engineering services
1 of 4
Attachment I
C. For each capital improvement project the engineer shall
be responsible for:
. project budget and cost estimates
. schedules, memos, and correspondence
. engineers preliminary report (feasibility report)
. prepares hearing notices, advertisement for bids and
addendums
. ~ produces or reviews project plans and specifications and
makes recommendations to the City council
. prepares bid tabulations
. functions as construction contract administrator
. responsible for project related applications and permits
.
. responsible for letters of credit, security agreements,
warranty bonds and insurance certificates
. prepares and recommends approval of change orders
...
. approves invoices and progress paYments
. identifies and prepares for the acquistion of required
easements and r.o.w., including oversight of survey and
preparation of legal description activities.
. recommends project final acceptance to the City Council
and is responsible for all releases
. prepares the special assessment report and certif ies
special assessment rolls to the city Clerk .
3. Is responsible for the structural integrity of the City's
infrastructure (ie. buildings, streets, bridges, utilities,
etc) .
4. Advise the Public Works department on ongoing Public Works
matters in relation to engineering accountabilities.
5. Is responsible for quality control for public improvements
undertaken by a private developer including developing design
standards, review and approval of plans and specifications,
inspecting and testing all improvements in preparation for
preparation for recommending public acceptance by the City
Council.
2 of 4
6. Is responsible for filing necessary reports, keeping proper
records, and complying with all requirements in relation to
the Municipal state Aid, (MSA) Highway program.
7. Is responsible for Park improvement project management. Works
with the Park Planner on planning and designing functions, and
the Administrator on project budgets. Attends Park Commission
meetings, as necessary, as a staff resource.
8. Assists with planning and inspection issues relating to site
improvements (ie. elevations, fill, drainage and utility hook
up questions).
9. Reviews and comments on plats, rezoning-, variances,
conditional and special uses and other issues as requested in
relation to engineering concerns.
.
10. Assist with health and safety issues (ie. traffic flow,
signage, and parking).
11. Ensures responsiveness to the public through effective
relations with City residents.
12. Works with the Director of Public Works to assist the general
public in solving problems related to streets, right~f-way,
utilities, parking, drainage and all matters related to City
owned facilities.
13. Is responsible for City refuse collection and recycling
programs.
.
14. Acts as official representative of the city in meetings with
the Metropolitan Council and other agencies from the state,
County, Federal government and neighboring communities in
matters relating to engineering. Cooperate with private
enterprise in matters affecting the City.
15. Respond to resident concerns and complaints relating to
engineering accountabilities and keep affected residents
informed throughout the improvement process.
16. Other matters as may be assigned by the City Administrator or
City Council.
3 of 4
Requirements:
1. Bachelors Degree in civil Engineering or equivalent
background.
2. Registration as a professional engineer with the state of
Minnesota.
3. Ability to manage a budget and have experience in project
management.
4. Ability to handle public contact with tact and effectiv.eness.
5. Coordinate effectively with other departments.
Because this position is intended to gradually transform into
an Engineer/Director of Public Works, some experience in a
Public Works supervisory capacity, with considerable
demonstrated technical expertise in the public works field,
and demonstrated skill in personnel management, planning and
controlling the work of others is preferred.
7. Ability to deal effectively with a variety of audiences,
including City Administrators, City Council Members, the
public, contractors and suppliers, and officials from other
jurisdictions.
6.
.
8. Ability to utilize engineering tools, such as a transit and
must be computer literate.
.9. Experience with, and working knowledge of, the statutory
public improvement special assessment process.
.
4 of 4
10/21/91
al.ENGJOBDE
.--.----.- -----uBUDGET -COMMENTS:-- ENG! HEER! NS-------- -.. -.-
DEPT #
. ' - -'-'- '-'--'_...
. .. ". ,,,. .
.-....,_._...-.'.;...'.-.._.......
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..,-,,-..-.,,-,'.,".-:-.-.-,-.,.-.,,-.-,-,.---,:--,_.
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. .,..,.-.,.-,-..'--'-.--.---,....--.
", _...'.'.'....'...-.'__ ""0_'
.-..--_.__.... ,'"
~~--~;...
------l6 --Books-.~M-ater ial s--.---~ "".
.
- -~----------- --~----- --------------
--~ -~---~------------------------~------~------ .-....-..,.,-~---~--
. - -_.- -~.~._-,--
33 Engineering - General Contractual
- -- - 36--l'elepnone-~addi1r6il rinelleeiled-- - -- -.- --- ,--- --.------------- --
37 Conferences & Mileage
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FUND: #10 General ACTIVITY: Engineering DEPT #
-----C-ooa-- . ---.-.-- -..- -. -- -Acfiiilr--ActuafBudg'efH91fan--JiJne---Annuir-Propose-d--1\.doptea-----.-------------------------
# ITEM 1989 1990 1991 EST-91 1992 1992
-----------------------------------------------------------------------------------------------
-----------PERSONALSERV ICES
01 Regular Salaries 48,225
02 O.T. Salaries
03---ParC'rime -Sal ar-i eS-----~-----..--.-..-.--.-----.---.,-------.- -
06 .... FICA ci ty Share
07 -'ERA City Share
,., ..Q8._::..Jos....city..Sllar.e ___L.:._...U........:...
09 Medicare City Share
10 Other Withhold.
.. .~~----~.~Po~eF~~~Plir~be-~-----..---.-...c------. .
22 Small Tools
23 Maint-Equipment
----~:--{:~~.~iu~.~~~~~~s----.---.--.---..- ----..-----------.-~--~--300 .
................. -- --... --...................... --.. ---...... -- - --........................................... --...... --............ ---.... --.......... --. --...... -.,"'"
~-_... ........ .-- ~_._-- "":
Total 0 0 0 0 0 300
OTHER SERVICES
. 30 Legal
.~.__._____. _____31____Jinan.ci_a l,_______...___,.~____.____.____~____ __ _. ______~___ -,----.-..---~.,~, ~--- .~--...,..-.--- ,.-- . .----------. --------~--------.------.---- ---.----.---.
32 Audi t
33 Engineering
34 Planning
_35_ Contract ... ---.
36 Communication
37 Travel, Conf,Sch
38 Print/Publish
_._ _.______... .39_Utili ties:..__________ ____. _....___.....___..____.. _..._._.. ....- -.---..----.------.--. .-..----..-.----... - -- .-..-.--.---..---------.- ---....---- .-.----~---..-....
Gas ./Elec.
40 Improvements
41 Ins.-Total
42 _DebtService_
43 Misc. Services
37,991
61,068
25,000
8,093
25,000
3,000
700
2,500
400
-----------------------------------------------------------------------------------------------
Total
. 37,991 61,068
25,000
8,093 25,000
6,600
o
...--....-OTHElfcHARGIs------.--.----.-.----...... --...---.....---------..---.-----.-----~-...-._------------- .--- .------..-----. .--...
50 Rental
.. -.. -~~-~ - ~~~~~;I~=~:~~~r- -- ------.------.- -...
54 State Surchgs
55 Interest-
__._.__...____.1nterj!Jnd_.LoarL.-____________________.._._._ ._____.______n_ .___._._______... --------.-.-.-~-----~..---~-- --- -..---...-----,.-
56 Allocated Expense
from other Depts ___________________________
--------------------------------------------------------------------
_ Total_L_.___O .. 0 0..
200
._9 _
_2QO..__ ._...0
CAPITAL OUTLAY
..-------- ~~... . ~~~-~dTilg-s---~-------------
62 Machinery-Equip
63 Other Improve
. __64_future_ _ ._
65 Furn & Fixtures
. ---_.-----<---~--~------,' -. ------~----_.._-----------_.<---
2,000
'-1;500
-----------------------------------------------------------------------------------------------
Total
-------- TRANSfERS
o
o
o
o
o
3,500
o
70 Permanent
.,-,___11___T elDpor.ar_y_____._~,......;..~_.__'___..c___.____'._____. ...
72 Refund-Reimburse.
. -- -.
. - - .
., -- .
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--_._--------_.--_._._~--~-~...--~~-
-----------------------------------------------------------------------------------------------
Total 0 0 0 0 0 0 0
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
TOTAL ACCOUNT 37,991 61,068 25,000 8,093 25,000 75,633 0
-=IF' .
Attachment II 1_
.
.
1992 BUDGET ADJUSTMENTS
FOR IN-HOUSE CITY ENGINEER
ORIGINAL ADJUSTED
ACCT. NO. AMOUNT AMOUNT DIFFERENCE
EXPENDITURE SHIFTS FROM OTHER DEPARTMENTS
ASST CLERK SALARY 10-6901 $ 55,675 $ 49,447 $ 6,225
" " FICA 10-6906 5,855 5,379 476
" " PERA 10-6907 2,517 2,238 279
" " INSURANCE 10-6908 5,450 4,550 900
SUBTOTAL - $ 7,880
EXPENDITURE THAT WILL NOT BE PAID TO CONSULTING ENGINEER
CONSULT ENGR-GENERAL
" "STRT IMP
SUBTOTAL
25,000
325,000
-0-
312,000
10-5533
10-6363
TRANSFERS FROM OTHER FUNDS FOR ENGINEERING SERVICES
WATER ]
SEWER ]
CAP PROJ ] 10-4887
SUBTOTAL
o
29,753
TOTAL BUDGET CHANGES
CITY ENG - ANNUAL BUDGET
NET CHANGES
RECAP:
1992 GENERAL FUND PROPOSED REVENUES
ADD: BUDGET ADJUSTMENT - INCREASE
1992 ADJUSTED GENERAL FUND REVENUES
1992 GENERAL FUND PROPOSED EXPENDITURES
ADD: BUDGET ADJUSTMENT - CITY ENGINEER
LESS: BUDGET ADJUSTMENT - DECREASES
1992 ADJUSTED GENERAL FUND EXPENDITURES
I
25,000
13.000
$ 38,000
29.753
$ 29,753
$ 75,633
(75.633)
o
$2,351,438
29.753
$2.381.191
$2,351,438
75,633
(45.880)
$2.381.191
Attachment IV
CHECK APPROVAL LISTING FOR OCTOBER 28, 1991 COUNCIL MEETING
CK NO
TO WHOM ISSUED
PURPOSE
AMOUNT
CHECKS ISSUED SINCE OCTOBER 11. 1991
7767 (G)
7768 (G)
7769 (G)
7770 (G)
7771 (G)
7772-7773
7774 (L)
7775
7776 (G)
7777 (G)
7778 (L)
7779 (L)
7780 (L)
7781 (L)
~782 (L)
W7783 (L)
7784 (L)
7785 (L)
7786 (L)
7787 (L)
7788 (L)
7789 (L)
7790 (L)
7791 (L)
7792 (L)
7793 (G)
7794
7795 (L)
7796 (L)
7797 (L)
.7798 (L)
799 (L)
7800
7801 (G)
7802 (G)
7803 (G)
7804 (G)
7805 (G)
7806 (G)
7807 (G)
7808 (G)
Foxborough Homes
Bradley Nielsen
Equity Title
City of Minnetonka
Hardrives, Inc.
Void
Commissioner of Revenue
Void
Trans Global Travel
Showcase Landscape
Bellboy Corporation
Day Distributing
Griggs, Cooper and Co.
Honeywell Protection Servo
Hoops Trucking
Johnson Brothers Liquor Co.
Mark VII Distributors, Inc.
Minnegasco, Inc.
MN Bar Supply, Inc.
National Guardian Security
North Star Ice
Pepsi-Cola Company
Ed Phillips and Sons
Pogreba Distributing, Inc.
Quality Wine/Spirits Co.
Internal Revenue Service
Void
Bellboy Corporation
Griggs, Cooper and Company
Johnson Brothers Liquor Co.
Ed Phillips and Sons
Quality Wine/Spirits Company
Void
First State Bank
Commissioner of Revenue
PERA
ICMA Retirement Trust
City County Credit Union
Child Support Enforcement
US Postmaster
Bradley Nielsen
Return of escrow $
Mileage
Reimbusement-overpaYment
Third qtr water
proj 91-4 voucher 1
September sales tax
Balance due planning conf
Balance due on park servo
Liquor purchases
Beer and misc purchases
Liquor, wine and misc purch
Security system charge
Liquor and wine purchases
Wine purchases
Beer and misc purchases
utilities
Misc and supplies purch.
Security system charge'
Misc purchases
Misc purchases
Liquor and wine purchases
Beer and misc. purchases
Liquor and wine purchases
Medicare not paid in error
Liquor purchases
Liquor, wine and misc purch
Wine purchases
Liquor and wine purchases
Liquor and wine purchases
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Postage on water newsletter
section 125 reimbursement
TOTAL GENERAL
TOTAL LIQUOR
TOTAL CHECKS ISSUED
-1-
420.00
341.64
148.47
1,579.83
218,821.86
9,745.75
666.00
1,893.85
4,205.61
3,562.55
6,557.55
79.50
345.10
1,740.63
4,539.75
41.08
177.95
294.84
393.08
171.33
1,801.82
2,427.95
1,222.25
784 . 64
1,700.81
4,512.51
444.01
1,218.95
1,577.08
5,554.90
890.57
1,752.89
557.50
45 . 00
89.10
365.07
140.00
234,051. 32
46.760.10
280.811. 42
DATE 10/23/91 TIME 04:53
CITY OF SHOREWOOD
COUNCIL REPORT
PAGE 2
CHECK APPROVAL LIST FOR
OCTOBER 28, 1991 MEETING
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------------------------- ------------------------ -------- -----------
7810 NORWEST BANK MINNESOTA NA FEES ON 6/1/72 BONO .
200.00
7811 AMERICAN ENGINEERING ENGINEERING SERVICES
ENGINEERING SERVICES
*** TOTAL FOR AMERICAN ENGINEERING
-------- 1~740"50
-------- 1,537"40
3,277.90
7812 APPLIED GRAPHICS ASSOC. SPECIAL WATER NEWSLETTER COUNCIL 701.84
OCT ~4EWSLETTER COUNC I L 803.01
*** TOTAL FOR APPLIED GRAPHICS ASS 1,504.85
7813 APPLIED ENGINEERING
TANK REMOVAL ENGINEERING CITY GAR
2,915.00
*** TOT f~L
CAJED LANE DRAIN SUPPS
CAJED LANE DRAIN SUPPLYS
CAJED LANE DRAIN SUPPLYS
FOR. BELL PLAINE BLOCK/TI
STREETS 289.50
STREETS 902.50
STREETS 125.00
1,317.00
7814 BELL PLAINE BLOCK/TILE
.
7815 BOYER TRUCKS
TRUCK REPAIR SERVICES
PUB I;.JKS.
1.16.48
7816 CROSSTOWN-OCS, INC.
COFFEE AND PAPER PROD.
MUr'~ BLDG
159.00
7817 ROLF c.A. ERICKSON
NOVEMBER ASSESSING FEE
PROF SER
2,950.00
7818 HENNEPIN COUNTY TREASURER COUNTY POSTAGE FOR CITY GEN GOVT
:~9 " 2.5
7819 KEN JARCHO INSURANCE
BOND INSURANCE PREMIUM
MUN BLDG
905.00
7820 KAR PRODUCTS
SHOP SUPPLIES
PUB WKS
248.14
.821 LIFE: AND SAFETY
FIRST AID SUPPLIES
PUB v.JKS
89.90
7822 LUNDGREN BROTHERS CONST. S/A OVERPAYMENT REFUND
1,012.76
7823 MAHONEY HOME SERVICES FALL WEED SPRAYING
SArH T /WA
1,240.00
7824 METRO SALES, INC.
COPIER SUPPLIES
Ga-l GOVT
345.70
7825 MILLER-DAVIS LEGAL FORM
H.jDEf1INIT'Y' I3CmDS
F I r!f~r~CE
8.14
7826 M~~ UC FUND
UNEMPLOYEMENT CLAIMS
UNEMPLOYEMENT CLAIMS
UNEMPLOYEMENT CLAIMS
*** TOTAL FOR MN UC FUND
540.00
2,040.00
747.18
3,327.18
7827 MN SUBURBAN PUBLICATIONS PUBLISHING GEN GOVT 83.08
PUBLISHING -------- 13.02
PUBLISHING -------.- 86.18
PUBLISHING -------- 13.02
PUBLISHING -------- 107.52
PUBLISHING -------- 13.02
*** TOTAL FOR MN SUBURBAN PUBLICAT 315.84
7828 MINNEGASCO UTILITIE;S CITY GAR 196.15
".-
DATE 10/23/91 TIME 04:53
COUNCIL REPORT
CITY OF SHOREWOOD
CHECK APPROVAL LIST FOR
OCTOBER 28, 1991 MEETING
PAGE
3
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------------------------- ------------------------ -------- -----------
UTIL.ITIES
UTIL.ITIES
UTILITIES
*** TOTAL FOR MINNEGASCO
WATER DE
WATER DE
WATER DE
343.71
7829 MINNETONKA PUBLIC SCHOOLS COMPUTER PAPER
GEN GOVT
54.87
89.49
3.20
17.83
7830 MUNITECH, INC. NOV CONTRACT PAYMENT
NOV CONTRACT PAYMENT
*** TOTAL FOR MUNITECH, INC.
WATER DE 3,480.00
SEWER DE 2,320.00
5,800.00
7831 NAVARRE AMOCO
TIRES FOF~ TRUCK fr4 PUB WKS
t11~ HH SUPPLIES l"iU~~ 8LDG
ri(~HH SUPPL. I ES PUB WI,{<"'
"..:J
l"iAHH SUPPLIES PUB v.JKS
t11~ I t~T SUPPL I E::3 CITY GAR
l1AINT SUPPLIES STREETS .
r1A I t..jT SUPPI_IES PARKS &
r1AINT SUPF'L I ES I/Jf~TER DE
FOr:;~ i'..j (~ V ?1 R F,~ i;: nWE VALUE 233.33
.";;'30
w ..:::..
NAVARRE TRUE VALUE
*** TOT(1L.
7833 NORTHERN STATES POWER
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTIL.ITIES
UTILITIES
UTILITIES
FOR t-,!ORTHERH
POLICE P
TR{~F CON
Pf-iRKS &
I;JI~ TER DE
WATER DE
~\J(.HER DE
SEWER DE
.
*** TOTAL
STfHES POWE
1 , ::596 .89
7834 PAZANDAK, JOSEPH
t'i I LEI~GE
PFWT INS
7835 PEOPLE'S ELECTRICAL
PUMHOUSE STATION SERVICE WATER DE
7836 POMMER COMPANY, INC.
PLANNIHG COMMISSION PLAQ PLANNING
7837 RESEARCH QUIK
WATER STUDY SERVICES WATER DE
7838 SNYDER, KATIE
COUNCIL MEETIHG MINUTES COUNCIL
440.00
14.54
36.99
15. 3(~.
73.16
32.00
14.37
46.91
2.91
92.81
13.61
81.59
830.41
8.90
64.77
301.89
58M83
2,158.86
48.89
1,113.48
200.00
7840 SUPERAMERICA
GASOLINE PURCHASES
PUB WKS
POLICE P 30,675.18
381.06
7839 SO LK MTKA PUB SAFETY DEP HOV POLICE CONTRACT
7841 TONKA PRINTING CO.
STATION/ENVELOPES/CARDS
GEN GOVT
7842 US WEST
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
MUN SLOG
PUS WKS
PARKS &
WATER DE
WATER DE
573.04
351.90
56.89
22.71
37.04
45.94
DATE 10/23/91 TIME 04:53
CITY OF SHOREWOOD
COUt'-!CIL REPORT
PAGE
4
CHECK APPROVAL LIST FOR
OCTOBER 28, 1991 MEETING
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ---~--------------------- ------------------------ -------- -----------
*** TOTAL FOR US WEST
5.14.48
7843 VESSCO, INC.
PARTS-CHLORINE INJECTOR WATER DE
92.57
7844 WATER PRODUCTS CO.
WATER METER ACCESSORIES WATER DE
45.06
7845 W.W. GOETSCH ASSOC., INC. CHLORINE BOOSTER PUMP
WATER DE.
763.00
7846 AT & T
UTILITIES
PUB Ip)KS
1.73
*** TOTAL FOR BANK .13
64,820_08
.
*** GRAND TOTAL ***
345,631.50
.
CHECR APPROVAL LISTING FOR OCTOBER 28, 1991 COUNCIL MEETING
CK NO TO WHOM ISSUED HOURS AMOUNT
CHECK REGISTER FOR OCTOBER 22, 1991 PAYROLL
205565 VOID
205566 (L) Scott Bartlett 23 reg hours 125.93
205567 (G) Charles Davis 80 reg hours 543.54
205568 (G) Wendy Davis 80 reg hours 641.57
205569 (L) Kevin Foss 10 reg hours 52.64
205570 (L) Cory Frederick 44.5 reg hours 216.28
205571 (L) John Fruth 20.75 reg hours 94.49
205572 (L) Jerry Harmsen 13 reg hours 60.03
205573 (G) Patricia Helgesen 80 reg hours 769.10
205574 (L) Rachel Huppert 16.25 reg hours 75.03
205575 (G) James Hurm 80 reg hours 1,419.48
205576 (L) Brian Jakel 45.5 reg hours 213.12
205577 (G) Dennis Johnson 80 reg hours 720.47
205578 (L) William Josephson 80 reg hours 600.57
.05579 (L) Mark Karsten 23 reg hours 121. 31
05580 (G) Anne Latter 80 reg hours 703.76
205581 (L) Susan Latterner 37.5 reg hours 181. 69
205582 (G) Joseph Lugowski 82 reg hours-1 OT 707.46
205583 (L) Robert Lynch 6.5 reg hours 34.21
205584 (L) Russell Marron 47.5 reg hours 240.21
205585 (G) Lawrence Niccum 82 reg hours-.75 OT 652.56
205586 (G) Susan Niccum 80 reg hours 594.95
205587 (G) Bradley Nielsen 80 reg hours 866.67
205588 (G) Joseph Pazandak 80 reg hours 844.57
205589 (G) Daniel Randall 80 reg hours-1 OT 742.22
205590 (L) Brian Roerick 3.5 reg hours 18.42
205591 (G) Alan Rolek 80 reg hours 957.43
205592 (L) Brian Rosenberger 15 reg hours 78.96
205593 (L) Christopher Schmid 80 reg hours 523.81
205594 (L) Craig Scholle 17.25 reg hours 80.24
.05595 (G) Howard Stark 80 reg hours 584.37
05596 (G) Beverly Von Feldt 80 reg hours 450.96
205597 (G) Ralph Wehle 80 reg hours-.75 OT 593.27
205598 (L) Dean Young 80 reg hours 590.93
205599 (G) Donald Zdrazil 80 reg hours 1,054.92
TOTAL GENERAL 12,847.30
TOTAL LIQUOR 3,307.87
TOTAL PAYROLL 16,155.17
-5-
OFFICIAL STATEMENT DATED OCTOBER 1, 1991
Rating: Requested from Moody's
NEW ISSUE 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.)
$960,
City of Shorewood, Minnesota
General Obligation Improvement Bonds, Series 1991A
Dated Date: November 1, 1991 Interest Due: Each February 1 and August 1,
commencing August 1, 1992
The Bonds will mature February 1 as follows:
1993 $ 80,000 1997 $95,000 2000 $95,000
1994 $105,000 1998 $95,000 2001 $95,000
1995 $105,000 1999 $95,000 2002 $95,000
1996 $100,000
The City reserves the right, after bids 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 $20,000 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 by the successful bidder 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, 1999, and on any day thereafter, to prepay Bonds due on or after
February 1, 2000 at a price of par and 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 various improvements within the City and to
refund the 1993 -2002 maturities of the City's General Obligation Improvement Bonds, Series 1986A.
Bids must be for not less than $949,440 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 $9,600, payable to the order of the City. Bidders shall specify
rates in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order.
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: October 15, 1991 (Tuesday) at 11:00 A.M., Central Time
AWARD: October 15, 1991 (Tuesday) at 7:00 P.M., Central Time
Further information may be obtained from
SPRINGSTED SPRINGSTED Incorporated, Financial Advisor to
the Issuer, 85 East Seventh Place, Suite 100, Saint
P UBLIC FINANCE ADVISORS Paul, Minnesota 55101 (612) 223 -3000.
•lsanbei uo pegs!wn1 aq II!M Aayl
'luawalels Ie1o!go Ieu!d ail JO luawalels Ie!o!11O ay} of seo!puadde se pepniou! uaaq lou aney
slxal IIn1 8.1811M •u!aaaq spew sluawalels o} suo!ldeoxe pue 10 suolleoll!Ienb uleluoo /(8w golynn
1 lxal lint aLil 'luawnoop JelnogJed ayl of aoueiejei Aq Alaa!lue nayl u! pa!1!IBnb aae sluawnoop
Lions of seouaialei IIV •an!l!u!1ap JO an!suayaadwoo aq of podind lou op sluewnoop
Jaylo pue spodei 'sluaweei6e `suo!lnlosai 'suo!leln6aJ `sap 'snnel of u!aaaq seouaialaH
•dO3a3Hl 31Va 3H130NIS tEnssI 3Hl d0 SHIVddV 3Hl NI
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H3H113 a2aNfl 3aVIN 31VS ANV HON 1N30131VIS 1VIOIdJO 1VNId 3H1 HO 1N30131VJS
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of pena!Iaq al!q 'pue ianssi all 1 spaooaa ueyl Jaylo seomos woJ1 pau!elgo uaaq aney Aew
luawalels le!o!11O leu!d eql pue luawalels Ielo!11O ayl u! pau!eluoo uo!lewJolu! u!epa0 •Janssl
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se ueyl Jaylo suo!le6!Igo eLil of loadsai yl!nn suo!leluasaJdai Aue amew of JO uo!lewJolu!
Aue an!6 0l aanssl ayl /q pazuoylne uaaq seq uosied Jaylo 10 uewseles 'ie oiq 'Jateep oN
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ue 6uuan!lap pue 6u!lnoaxe Jalumuapun AuV •Jeiji uapua 6u!led!oped wee of luawalels
le!o!110 leu!d ayl 10 sa!doo 6u!lnquls!p 10 sesodind ao1 lue6e sl! se pepienne 8a8 suo!le6!1g0
NT go!ynn of aleo!puAs ayl 1 ielumuapun 64euew iolues ayl saleu6!sep aanssi ayl
•6u!aa11O
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Jo wnpuappe ayl pue luawalels lepo!110 eql 1 se!doo papienne eie suo!le6!!go ayl go!ynn
of aleo!pu/(s aLil 10 Jelunnnpun 6u!6euew Jo!ues ayl of lsoo lnoyl!nn ap!noad hays 1! 'pienn8 Lions
1 amp NI ial1e sleep ssau!snq uanes ueyl 8Jow ou 'leyl seei6e Janssi ayl 'aolaaayl WJOJ p!8
le!o!11O ue 6upwgns eleo!puAs 6u!lumapun JO JalumJepun /(u8 of suo!le6!Igo ayl 6u!pienne /8
•aoueielaJ Aq loeieq lied e spew pue Malay paleaodJoou! AIln1 aq 'loeiayl amp ayl ialje pue uo
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gl!nn aanssl ayl 10 „luawalels le1o!1l0 Ieu!d„ e elnlllsuoo !legs `noel Aq pannbai uo!lewJolu!
Jaglo Aue Lil!nn aayla6ol `suo!le6!!go ayl 10 sales lseJalui pue slunowe Ied!ouud 'salep Alunlew
aLil 6u!A1!oads epuappe a0 wnpueppe ue Aq paluawalddns Jagpnl uGLM 'luawalels Ie! ayl
•ydei6eied 6u!peeoons ayl u! of
paJaalaa uo!lewiolu! u!epao 10 uo!ss!wo ayl Jot ldeoxa `aanssl ayl /(q (unlloaaaoo Jo lueweiddns
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of loadsai gl!nn luawalels pow) ue se mewl aq /dew '(„luawalels Ie!o! O„ el-11 'AIan!loailoo)
aw!l of ew!l w011 aanssl ayl Xq paloawwoo Jo paluawalddns aq Aew ewes ayl se 'luewnoop s!ql
`uo!ss!wwoo a6ueyox3 pue sallunoes ayl 10 Z L -Zog 1 aina yllnn aoue!Idwoo 10 sesodind and
TABLE OF CONTENTS
Paqe(s)
Official Terms of Offering i -iii
Schedule of Bond Years iv
Introductory Statement 1
Authority and Purpose 1
Security and Financing 2
Future Financing 2
Litigation 2
Rating 2
Legality 2
Tax Exemption 3
Bank - Qualified Tax- Exempt Bonds 3
Bond Insurance At Purchaser's Option 3 -4
Financial Advisor 4
Certification 4
City Property Values 4 -5
City Indebtedness 5-7
City Tax Rates, Levies and Collections 7 -8
Funds on Hand 8
General Information Concerning the City 9 -10
Governmental Organization and Services 1 0-1 1
Proposed Form of Legal Opinion Appendix I
Summary of Tax Levies, Payment Provisions, and
Minnesota Real Property Valuation Appendix II
Annual Financial Statements Appendix III
Bid Forms Attached
OFFICIAL TERMS OF OFFERING
$960,000*
CITY OF SHOREWOOD, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A
Sealed bids for the Bonds will be received by the City Clerk or his designee on Tuesday,
October 15, 1991, until 11:00 A.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 November 1, 1991, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing August 1, 1992. Interest will
be computed on the basis of a 360 -day year of twelve 30 -day months and will be rounded
pursuant to rules of the MSRB. The Bonds will be issued in 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:
1993 $ 80,000 1997 $95,000 2000 $95,000
1994 $105,000 1998 $95,000 2001 $95,000
1995 $105,000 1999 $95,000 2002 $95,000
1996 $100,000
The City reserves the right, after bids 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 $20,000 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 by the successful bidder 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, 1999, and on any day thereafter, to prepay Bonds due on or
after February 1, 2000. Redemption may be in whole or in part and if in part, at the option of
the City and in such manner 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 and accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge
special assessments against benefitted property. The proceeds will be used to finance various
improvements within the City and to refund the 1993 - 2002 maturities of the City's General
Obligation Improvement Bonds, Series 1986A.
-i -
TYPE OF BID
Bids shall be for not less than $949,440 and accrued interest on the total principal amount of
the Bonds. Bids 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 $9,600, payable to the
order of the City. If a check is used, it must accompany each bid. 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 bids. The Financial Surety Bond must identify each
bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded
to a bidder 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 bid,
said amount will be retained by the City. No bid can be withdrawn after the time set for
receiving bids 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 bid will be accepted.
AWARD
The Bonds will be awarded to the bidder offering the lowest dollar interest cost to be
determined by the deduction of the premium, if any, from, or the addition of any amount less
than par, to the total dollar interest on the Bonds from their date to their final scheduled
maturity. The City's computation of the total net dollar interest cost of each bid, in accordance
with customary practice, will be controlling.
The City will reserve the right to: (i) waive non - substantive informalities of any bid or of matters
relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and,
(iii) reject any bid which the City determines to have failed to comply with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment
therefor at the option of the bidder, the purchase of any such insurance policy or the issuance
of any such commitment shall be at the sole option and expense of the purchaser of the
Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of
insurance shall be paid by the purchaser, except that, if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
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.
-ii-
I
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be
subject to receipt by the purchaser of an approving legal opinion of Wurst, Pearson, 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 and the Official Bid Form 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 an Official Bid Form 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 40
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 executing and delivering an Official Bid Form with
respect to the Bonds agrees thereby that if its bid 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 September 9, 1991 BY ORDER OF THE CITY COUNCIL
/s/ James C. Hurm
Administrator -Clerk
-iii -
I
SCHEDULE OF BOND YEARS
$960,000
CITY OF SHOREWOOD, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A
Cumulative
Year Principal Bond Years Bond Years
1993 $80,000 100.0000 100.0000
1994 $105,000 236.2500 336.2500
1995 $105,000 341.2500 677.5000
1996 $100,000 425.0000 1,102.5000
1997 $95,000. 498.7500 1,601.2500
1998 $95,000 593.7500 2,195.0000
1999 $95,000 688.7500 2,883.7500
2000 $95,000 c 783.7500 3,667.5000
2001 $95,000 c 878.7500 4,546.2500
2002 $95,000 c 973.7500 5,520.0000
Average Maturity: 5.75 Years
Bonds Dated: November 1, 1991
Interest Due: August 1, 1992 and each February 1 and August 1 to maturity.
Principal Due: February 1, 1993 -2002 inclusive.
Optional Call: Bonds maturing on or after February 1, 2000 are callable
commencing February 1, 1999 and any date thereafter at par.
(See Official Terms of Offering.)
c: subject to optional call
-iv-
OFFICIAL STATEMENT
$960,000
CITY OF SHOREWOOD, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A
Introductory Statement
This Official Statement provides certain information with respect to the issuance of $960,000
General Obligation Improvement Bonds, Series 1991 A (the "Bonds" or the "Issue ") by the City of
Shorewood, Minnesota (the "City "). The Bonds are 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.
Authority and Purpose
The Bonds are being issued pursuant to Chapters 429 and 475, Minnesota Statutes. Proceeds
of the Bonds will be used to finance three improvement projects within the City and to refund
the 1993 -2002 maturities of the City's General Obligation Improvement Bonds, Series 1986A
(the "Series 1986A Bonds ") dated August 1, 1986. The Series 1986A Bonds are considered a
"current" refunding and the Bonds will be called within 90 days of settlement of this Issue.
Prepayment of the Series 1986A Bonds will be called for prepayment on the next principal and
interest payment date, February 1, 1992.
The composition of the Issue is as follows:
1991 Improvement Project Costs $ 678,300
Series 1986A Bonds to be Refunded 655,000
Less: City Funds for Refunding (397,109)
Subtotal $ 936,191
Plus: Capitalized Interest on 1991 Improvement
Projects 13,249
Allowance for Discount Bidding 10,560
Total Bond Issue $ 960,000
* Includes construction, engineering, contingency and costs of issuance.
* The City reserves the right, after bids 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 $20,000 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 by the successful bidder 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 -
Security and Financing
In addition to its general obligation pledge, the City also pledges special assessments against
benefited property. Special assessments for two of the 1991 improvement projects in the
approximate amount of $506,757 are expected to be filed prior to November 30, 1991 for first
collection in 1992. Special assessments on the remaining 1991 improvement project are
expected to be filed by November 30, 1992 in the approximate amount of $192,480. All
assessments 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 1.5% over the net
interest rate on the Bonds. In addition, special assessments originally filed in 1986 for a term of
15 years were pledged to the payment of the Series 1986A Bonds, and will now be transferred
to this Issue. Special assessment income is expected to be sufficient to pay debt service 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 remainder of 1991.
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
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.
-2-
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Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of
insurance shall be paid by the Purchaser, except that, if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the Purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
Purchaser shall not constitute cause for failure or refusal by the Purchaser to accept delivery
on the Bonds.
Financial Advisor
Springsted Incorporated, Saint Paul, Minnesota, has served as Financial Advisor to the City in
connection with the issuance of the Bonds. The Financial Advisor 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
1990 Indicated Market Value of Taxable Property: $415,793,537
Calculated by dividing the county assessor's estimated market value of $353,840,300 by the 1990
sales ratio of 85.1% for the City as determined by the State Department of Revenue.
1990 Taxable Net Tax Capacity: $8,070,339
1990 Net Tax Capacity $7,909,001
Less: Contribution to Fiscal Disparities (227,257)
Plus: Distribution from Fiscal Disparities 388,595
1990 Taxable Net Tax Capacity $8,070,339
1990 Taxable Net Tax Capacity By Class of Property
Residential Homestead $6,721,480 83.3%
Commercial /Industrial, Public
Utility and Personal Property 846,192 10.5
Residential Non - Homestead 30,866 0.4
Miscellaneous Classes 471,801 5.8
Total $8,070,339 100.0%
* Reflects adjustments for fiscal disparities.
- 4 -
Trend of Values
Assessor's
Indicated Estimated Taxable Taxable Tax
Market Value(a) Market Value Assessed Value Capacity(b)
1990 $415,793,537 $353,840,300 N/A $8,070,339
1989 372,463,744 314,359,400 N/A 7,197,406
1988 323,589,576 266,961,400 N/A 7,833,998
1987 250,088,069 230,581,200 $56,589,857 6,735,835
1986 226,319,202 209,797,900 53,059,674 N/A
(a) Calculated by dividing the county assessor's estimated market value by the sales ratio determined for
the City each year by the State Department of Revenue.
(b) For property taxes payable in 1989, assessed value of property was replaced with gross tax capacity
in determining properly taxes. Gross tax capacity was approximately 12.5% of assessed value for
most property classes and, like assessed value, was calculated by applying a statutory formula to the
estimated market value of the property. Beginning with taxes payable in 1990, net tax capacity has
replaced gross tax capacity as the basis on which taxes are levied. Net tax capacity differs from gross
tax capacity primarily by having lower values for homestead residential and certain agricultural
property (see Appendix 11).
Ten of the Largest Taxpayers
1990 Net
Taxpayer Type of Property Tax Capacity
Northern States Power Company Utility $118,166
Ryan Construction Company Shorewood Shopping Center 94,050
Minnetonka Country Club Country Club 80,470
Minnegasco Utility 56,262
Two S Properties Commercial 45,141
Shorewood Yacht Club Yacht Club 38,449
Individual Residence 35,522
Individual Residence 35,226
Welsh Companies Commercial Office 32,554
Individual Residence 26,987
Total $562,827
* Represents 7.0% of the City's total 1990 taxable net tax capacity.
CITY INDEBTEDNESS
Legal Debt Limit
Legal Debt Limit (2% of Estimated Market Value) $7,076,806
Less: Outstanding Debt Subject to Limit -0-
Debt Margin as of August 2, 1991 $7,076,806
-5-
General Obligation Debt
Principal
Date Original Final Outstanding
of Issue Amount Purpose Maturity As of 8 -2 -91
1 -1 -74 $1,250,000 Sewer Improvements 1 -1 -1994 $ 130,000
9 -1 -80 140,000 Water Revenue 9 -1 -1996 75,000
8 -1 -86 985,000 Local Improvements 2 -1 -2002 725,000(
4 -1 -87 875,000 Refunding 2 -1 -2001 615,000
10 -1 -89 1,095,000 Local Improvements 2 -1 -2003 955,000
11 -1 -91 960,000 Local Improvements (this Issue) 2 -1 -2002 960,000
Subtotal $ 3,460,000
Less: Refunded Bonds (655,000)
Subtotal $ 2,805,000
Less: Debt Service Funds( (1,789,338)
Total Net Debt $ 1,015,662
(a) The 1993 -2002 maturities are being refunded by this Issue.
(b) Debt service funds are as of July 31, 1991 and include money to pay both principal and
interest.
Revenue Debt
Principal
Date Original Final Outstanding
of Issue Amount Purpose Maturity As of 8 -2 -91
5 -30 -91 $920,000 Tax Increment Revenue 2 -1 -2000 $920,000
Annual Debt Service Payments Including This Issue
and Excluding the Refunded Bonds
G.O. Debt Revenue Debt
Principal Principal
Year Principal & Interest(a) Principal & Interest
1991 (at 8 -2) $ 10,000 $ 13,162.50
1992 300,000 471,588.12 $ 96,830.00
1993 270,000 415,047.50 82, 800.00
1994 300,000 428, 863.75 82, 800.00
1995 260,000 372, 436.25 82, 800.00
1996 255,000 351, 980.00 82, 800.00
1997 235,000 316,543.75 82,800.00
1998 235,000 302,245.00 82, 800.00
1999 235,000 287,637.50 82,800.00
2000 230,000 267,958.75 $920,000 961,400.00
2001 230,000 253,240.00
2002 170,000 180,352.50
2003 75,000 77,437.50
Total $2,805,000 $3,738,493.12 $920,000 $1,637,830.00
(a) Includes this Issue at an assumed annual interest rate of 6.00 %.
(b) 91.3% of this debt will be retired within ten years.
-6-
Indirect Debt
. Debt Applicable to
1990 Taxable G.O. Debt Tax Capacity in City
Taxing Unit(a) Net Tax Capacity As of 8 -2 -91 (b) Percent Amount
Hennepin County $1,065,234,355 $84,235,000 0.8% $ 673,880
ISD 276 (Minnetonka) 36,878,139 5,915,000 21.0 1,242,150
Hennepin Technical
College 692,744,998 210,000( 1.2 2,520
Metropolitan Council 2,018,032,956 45,795,000(d) 0.4 183,180
Regional Transit
District 1,857,027,124 54,010,000 0.4 216,040
Hennepin Parks 734,425,886 5,325,000 1.1 58,575
Total $2,376,345
(a) Only those taxing units which have outstanding debt are presented here.
1 (b) Does not include general obligation tax or aid anticipation certificates or revenue - supported debt.
f (c) This represents only 30% of the District's $13,000,000 outstanding General Obligation School
Building Bonds of 1971, since state and federal aids pay 70 -80% of the debt service.
(d) Metropolitan Council also has outstanding $438,786,000 of general obligation sanitary sewer bonds
and loans which are supported by system revenues.
Debt Ratios
G.O. Net G.O. Indirect &
Direct Debt* Net Direct Debt
To 1990 Indicated Market Value 0.24% 0.82%
Per Capita (5,917 - 1990 U.S. Census) $172 $573
* Excludes revenue debt.
CITY TAX RATES, LEVIES AND COLLECTIONS
Tax Capacity Rates
1990/91
1988/89 1989/90 Total For Debt Only
Hennepin County 27.101% 27.916% 30.114% 1.694%
City of Shorewood 16.509 20.299 20.454 0.180
ISD 276 (Minnetonka) 58.062 52.555 55.355 1.962
Hennepin Technical College 1.233 1.103 1.046 0.027
Special Districts 5.822 5.557 7.304 0.589
Total 108.727% 107.430% 114.273% 4.452%
* 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).
-7-
Historic Trend of Mill Rates
1983/84 1984/85 1985/86 1986/87 1987/88
Hennepin County 29.689 29.262 29.688 29.356 31.667
City of Shorewood 24.179 22.914 23.640 23.643 22.825
ISD 276 (Minnetonka) 57.240 55.927 58.674 61.574 63.947
SISD 287 (Vo -Tech) 1.446 1.490 1.535 1.421 1.493
Minnehaha Watershed
District 0.281 0.061 0.089 0.133 -0-
Special Districts 5.318 4.391 5.378 5.459 5.988
Total 118.153 114.045 119.004 121.586 125.920
NOTE: The foregoing mill rates are computed on the basis of total levies and do not reflect
reductions for property tax credits.
Tax Collections for the City
Collected During Collected
Amount Collection Year As of 5 -30 -91
Levy /Collect of Levy Amount Percent Amount Percent
1990/91 $1,857,018 (In Process of Collection)
1989/90 1,684,663 $1,635,344 97.1 % $1,649,283 97.9%
1988/89 1,300,955 1,251,859 96.2 1,270,113 97.6
1987/88 1,293,788 1,239,418 95.8 1,281,828 99.1
1986/87 1,254,438 1,214,695 96.8 1,247,843 99.4
* The 1990/91 gross tax levy includes $205,160 of Homestead and Agricultural Credit Aid ( "HACA ").
The net levy of $1,651,858, after subtracting HACA, is the basis for computing the 1990/91 tax
capacity rates.
Pursuant to Minnesota Statutes, Section 275.11, the City's per capita limit for all taxes levied in
1989, payable in 1990 was $294.84. For taxes payable in 1991 and 1992, the per capita levy
limit is $307.80 and $319.14, respectively. Certain purpose levies have been authorized
outside of the per capita levy limitation and are deductible from the total levy for purposes of
determining the City's per capita levy which is subject to the statutory limit.
FUNDS ON HAND
As of July 31, 1991
Fund Cash and Investments
General $1,334,097
Capital Projects 1,233,199
Special Assessment Debt Service 1,789,338
Enterprise 978,540
Total $5,335,174
-8-
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. 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 68% 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
Year Subdivision Type of Dwelling Status
1986 Near Mountain 202 Single - Family 189 Complete
1987 Towne Addition 8 Single - Family 6 Complete
1987 Brentridge 24 Single - Family 17 Complete
1987 Shorewood Place Apts. 18 Units Completed
1987 Westwood III 5 Single - Family Completed
1987 Gaipin Lake Woods 12 Single - Family 9 Complete
1988 Strawberry Fields 8 Single- Family 5 Complete
1988 Hendrickson Acres 4 Single- Family Completed
1988 Lawtonka 7 Single- Family Under Revision
1989 Dutcher Addition 4 Single - Family 3 Complete
1990 Fox Run West 9 Single - Family 4 Complete
Building Permits
Total Permits New Single Family Home
Number Value Number Value
1991 (to 6 -30) 147 $10,319,854 46 $ 9,384,596
1990 305 18, 986,195 82 16,252,990
1989 581 19,727,927 89 16,799,836
1988 341 31,275,892 157 29,040,667
1987 235 24,687,663 163 23,397,136
1986 341 18,321,377 80 15,776,286
1985 237 8,837,770 35 6,529,612
1984 185 4,948,666 16 2,975,396
1983 163 4,694,910 26 3,259,626
1982 155 2,319,099 9 1,336,000
-9-
Labor Force Data
June, 1991 June, 1990
Civilian Unemployment Civilian Unemployment
Labor Force Rate Labor Force Rate
Hennepin County 638,812 4.5% 629,351 4.3%
Minneapolis -St. Paul MSA 1,436,815 4.5 1,416,610 4.3
State of Minnesota 2,499,200 4.8 2,419,700 4.6
Source: Minnesota Department of Jobs and Training. 1991 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 had an 1990/91 enrollment
of 6,092, and projects a 1991/92 enrollment of 6,237. A portion of the City also lies within the
Westonka School District (Independent School District 277), which had a 1990/91 enrollment of
2,353, with a projected 1991/92 enrollment of 2,327.
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:
Expiration of Term
Barbara J. Brancel Mayor December 31, 1992
Robert W. Daugherty Council Member December 31, 1994
Robert L. Gagne, Jr. Council Member December 31, 1992
Daniel R. Lewis Council Member December 31, 1994
Kristi Stover Council Member December 31, 1992
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 2,233 connections to the system. Major sanitary sewer
- 10 -
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PROPOSED FORM OF LEGAL OPINION APPENDIX 1
LAW OFFICES
WURST, PEARSON, LARSON, UNDERWOOD & M ERTZ
A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS
1100 FIRST BANK PLACE WEST
A. THOMAS WURST, P . MINNEAPOLIS, MINNESOTA 55402 TELEPHONE
CURTIS A. PEARSON, P.A. (612) 338 -4200
JAMES D. LARSON, P.A.
THOMAS F. UNDERWOOD, P . FAX NUMBER
CRAIG M. MERTZ (612) 338 -2625
ROGER J. FELLOWS
$960,000 General Obligation Improvement Bonds, Series 1991A
City of Shorewood
Hennepin County, Minnesota
We hereby certify that as bond counsel, we have examined certified
copies of proceedings taken preliminary to and in the issuance by the City
of Shorewood, Hennepin County, Minnesota, of its General Obligation
Improvenment Bonds, Series 1991A (the "Bonds ") , originally dated November
1, 1991, in the total principal amount of Nine Hundred Sixty Thousand
Dollars ($960,000).
The Bonds mature on February I in the years and amounts as set forth
below, and Bonds maturing in such years and amounts bear interest from date
of issue at the annual rate set forth opposite such years and amounts
r espectively:
Year Amount Rate Year Amount Rate
1993 $ 80,000 1998 $95,000 %
1994 105,000 1999 95,000
1.995 105,000 2000 95,000 %
1996 100,000 2001 95,000 %
1997 95,000 2002 95,000
The City may elect on February 1, 1999, and on any day thereafter, to prepay
Bonds due on or after February 1, 2000. Redemption may be in whole or in
part and if in part, at the option of the City and in such manner 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 and accrued interest.
Interest on the Bonds is payable August 1, 1992, and semiannually
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:
I -1
WURST, PEARSON, LARSON, UNDERWOOD & M ERTZ
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 with their 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 principal of and interest on the Bonds are payable from
special assessments against benefitted property and from general ad
valorem taxes, but if necessary for the payment thereof additional ad
valorem taxes are required by law to be levied on all taxable property in the
City, 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 United 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."
We 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
SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND
MINNESOTA REAL PROPERTY VALUATION APPENDIX II
Following is a summary of certain statutory provisions effective through 1990 relative to tax levy
procedures, tax payment and credit procedures, and the mechanics of real property valuation.
The summary does not purport to be inclusive of all such provisions or of 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 during the 1991
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 be 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.
Assessed Value
For taxes payable in 1988 and for prior years, property taxes were levied based on "Assessed
Value." For purposes of determining "Assessed Value" of real property, the Estimated Market
Value of the property was calculated by applying the statutory formula applicable to the
property's classification. The result is the Assessed Value of the property.
Tax Capacity
For property taxes payable in 1989, the value of the property used to determine 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.
11-1
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
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 3% or 7% on the day after
the due date (in the case of the first installment due) or from 4% to 8% on the day after the due
date (in the case of the second installment due) to 8% or 12% on December 1st of the
collection year. Personal property taxes remaining unpaid on May 16 are deemed to be
delinquent and a penalty of 8% attaches to the unpaid tax.
On the first business day of January of the year following collection all delinquencies are
subject to an additional 2% interest 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 interest penalties. The amount of the judgment is subject to a
variable interest penalty 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 land commissioner 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.
Levy Limitations
The ability of local governments in Minnesota to levy property taxes is controlled by various
statutory limitations. However, for county governments, cities of 2,500 population or more, and
11 -2
smaller cities and towns that receive taconite municipal aid, taxes may 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, certify
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 Metropolitan Development 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, Ramsey, 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 assessment district.
11-3
STATUTORY FORMULAE
CONVERSION OF ESTIMATED MARKET VALUE (EMV) TO ASSESSED VALUE, GROSS OR NET TAX CAPACITY FOR
MAJOR PROPERTY CLASSIFICATIONS
Assessed Value Gross Tax Capacity Net Tax Capacity Net Tax Capacity Net Tax Capacity
General Classifications Assessment Year 1987 Assessment Year 1988 Assessment Year 1989 Assessment Year 1990 Assessment Year 1991
Residential Homestead First $68,000 of EMV at 17% First $68,000 of EMV at 2.17% First $68,000 of EMV at 1.00% First $68,000 of EMV et 1.00% First 872,000 of EMV at 1.00%
EMV in excess of $68,000 at 27% Next $32,000 of EMV at 2.50% Next $32,000 of EMV at 2.00% Next 842,000 of EMV at 2.00% Next $43,000 of EMV at 2.00%
EMV In excess of $100,000 EMV In excess 01 8100,000 EMV In excess of $110,000 EMV in excess 048115,000
at 3.30% at 3.00% at 3.00% at 2.5%
Title 11 Housing 20% 2.5% 2.4% 2.3% 2.3%
Residential Non - Homestead
4 or more units 34% 4.10% 3.6% 3.6% 3.5%
Agricultural Homestead First $65,000 of EMV at 14% First $65,000 of EMV at 1.75% First $68,000 EMV of house, First $68,000 EMV of house, First $72,000 EMV of house,
garage and 1 acre at 1.00% garage and 1 acre at 1.00% garage and 1 acre at 1.00%
EMV in excess of $65,000 at 18% EMV In excess of $65,000 Excess to 320 acres at 0.40% Excess to 320 acres at 0.45% Excess to 320 acres at 0.45%
at 2.25% Excess over 320 acres at 0.40% Excess over 320 acres at 0.45% Excess over 320 acres at 0.45%
Next $32,000 EMV at 2.00% Next 842,000 EMV at 2.00% Next $43,000 EMV at 2.00%
Excess to 320 acres at 0.40% Excess to 320 acres at 0.45% Excess to 320 acres at 0.45%
Excess over 320 acres at 0.40% Excess over 320 acres at 0.45% Excess over 320 acres at 0.45%
EMV In excess of $100,000 EMV In excess of 8110,000 EMV in excess of 5115,000
at 3.00% at 3.00% at 2.5%
Excess to 320 acres at 1.30% Excess to 320 acres at 1.30% Excess to 320 acres at 1.30%
Excess over 320 acres at 1.70% Excess over 320 acres at 1.60% Excess over 320 acres at 1.60%
Agricultural Non - Homestead 18% EMV of house, garage and EMV of house, garage and EMV of house, garage and EMV of house, garage and
1 acre at 2.70% 1 acre at 3.00% 1 acre at 3.00% 1 acre at 2.80%
EMV of land at 2.25% EMV of land and other buildings EMV of land and other buildings EMV of land and other buildings
at 1.70% at 1.60% at 1.60%
Commercial - Industrial First $60,000 of EMV at 28% First $100,000 of EMV at 3.30% First $100,000 of EMV at 3.30% First 8100,000 of EMV at 3.20% First $100,000 of EMV at 3.10%
EMV in excess of $60,000 at 43% EMV in excess of $100,000 EMV in excess of 8100,000 EMV in excess of $100,000 EMV in excess of $100,000
at 5.25% at 5.06% at 4.95% at 4.75%
SeasonatRecrsational Residential 21 % 2.30% 2.40% 2.30% Non - Commercial - 2.20%
Commercial - 2.30%
Vacant Land 40% 5.25% 5.06% 4.95% Classified and assessed according
to Its highest and best use
permitted under local zoning
ordinance
•
HOMESTEAD CREDIT
Taxes on Homesteaded
Property Reduced by
the lesser of: 54% 54% N/A N/A N/A
or: $700 on the first $68,000 of EMV $725 on the first $68,000 of EMV
APPENDIX III
FINANCIAL STATEMENTS
Excerpts from the City's 1990, 1989 and 1988 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 the accrual
basis of accounting. The reader should be aware that the complete financial statements may
contain additional data relating to the information presented here, which may interpret, explain
or modify it.
r
111 - 1
CITY OF SHOREWOOD, MINNESOTA
COMBINED BALANCE SHEET
ALL FUND TYPES AND ACCOUNT GROUPS
DECEMBER 31, 1990
Proprietary
Governmental Fund Types Fund Type Account Groups
General Total
Debt Capital General Long -term (Memorandum Only)
General Service Projects Enterprise Fixed Assets Debt 1990 1989
ASSETS
Cash and investments $1 291 812 $1 851 171 $ 331 055 $ 765 192 $ - $ - $ 4 239 230 $ 3 306 267
Cash on hand 100 - - 1 200 - - 1 300 1 300
Receivables
Taxes 106 222 213 - 688 - - 107 123 83 024
Accounts( 47 014 - - 159 631 - - 206 645 244 817
Accrued interest 39 702 43 919 7 595 17 809 - - 109 025 79 094
Contracts 93 640 - - - - - 93 640 94 199
Special assessments 6 584 1 038 342 259 145 60 328 - - 1 364 399 1 980 170
Inventories, at coat - - - 160 567 - - 160 567 137 897
Prepaid expenses - - - 16 887 - - 16 887 14 578
Property and equipment, net - - - 5 725 259 2 187 279 - 7 912 538 7 715 653
Bond discount, net - - - 1 104 - - 1 104 1 289
Other debits
Amounts available - - - - - 1 902 837 1 902 837 1 510 303
Amounts to be provided for
EE general long -term debt - - - - _
758 961 758 961 1 405 747
N TOTAL ASSETS $1 585 074 ;2 933 645 $ 597 795 $6 908 665 $2 187 279 $2 661 798, $16 874 256 616 575 338
LIABILITIES AND FUND EQUITY
LIABILITIES
Accounts and contracts payable $ 53 478 $ 164 $ 5 710 $ 59 850 $ - $ - $ 119 202 $ 133 467
Salaries and compensated absences 23 198 - - 5 863 - 16 798 45 859 38 639
Refundable deposits payable 83 777 - - - - - 83 777 28 180
Deferred revenue 167 762 1 026 644 246 497 1 200 - - 1 442 103 2 053 816
Bonds payable - - - 75 000 - 2 645 000 2 720 000 2 990 000
TOTAL LIABILITIES 328 215 1 026 808 252 207 141 913 - 2 661 798 4 410 941 5 244 102
FUND EQUITY
Investment in general fixed assets - - - - 2 187 279 - 2 187 279 1 940 400
Contributed capital - - - 6 062 300 - - 6 062 300 6 075 509
Retained earnings - unreserved - - 704 452 - - 704 452 469 869
Fund balance
Reserved - 1 902 837 - - - - 1 902 837 1 510 303
Unreserved 1 256 859 4 000 345 588 - - - 1 606 447 1 335 155
TOTAL FUND EQUITY 1 256 859 1 906 837 345 588 6 766 752 2 187 279 - 12 463 315 11 331 236
TOTAL LIABILITIES AND FUND EQUITY $1 585 074 $2 933 645 $ 597 795 $6 908 665 $2 187 279 X 52 661 798 $16 874 256 $16 575 338
CITY OF SIIOR! W000, MINNESOTA
COMP1N1 -D BALANCE 6)1161
ALL FUND Till S AND A0000NT CROUPS
DFCFMBFR 11, 1080
Proprietary
Governmental Fund Types Fund Type Account Groups
General General Total
U Capital Fixed Assets Long -term (Memorandum Only)
A General Service Projects Enterprise (Unaudited) Debt 1989 1988
Cash and investments $ 011 409 $1 851 214 $ ( 766) $ 549 405 $ - $ - $ 3 306 267 $ 3 936 795
Cash on hand 100 - - 1 200 - - 1 300 1 300
Receivables
Taxes 83 024 - - - - - 83 024 76 577
Accounts 82 871 - - 161 946 - - 244 817 191 958
Accrued interest 26 787 18 500 1 495 12 222 - - 79 094 76 007
Contracts 94 199 - - - - - 94 199 94 708
Special assessments - 1 919 220 - 60 941 - - 1 980 170 2 332 382
Inventories, at cost - - - 137 897 - - 137 897 155 336
Prepaid expenses - - - 14 578 - 14 578 14 140
Property and equipment, net - - - 5 775 253 1 940 400 - 7 715 653 3 803 112
Bond discount, net - - - 1 289 - - 1 289 1 474
Other debits
Amounts available - - - - - 1 510 303 1 510 301 2 677 309
Amounts to he provided for
general long -term debt - -- - - - 1 406 747 1 406 747 1 770 143
( Total Assets $1 200 390 $3 811 038 $ (8 271) $6 714 731 $1 940 400 $2 917 050 $16 575 338 $15 131 241
Liabilities and Fund Equity
Liabilities
Accounts and contracts payable $ 34 987 $ - $ 20 416 $ 78 044 $ - $ - $ 133 467 $ 204 944
Salaries and compensated absences 20 280 - - 6 309 - 12 050 38 639 32 414
Refundable deposits payable 28 180 - - - - - 28 180 19 500
Accrued interest payable - - - - - - - 931
Deferred revenue 163 068 1 890 748 - -- - - 2 053 816 2 481 765
Bonds payable - - - _ 85 000 - 2 905 000 2 990 000 4 530 000
Total liabilities 246 515 1 890 748 20 416 169 353 - 2 917 050 5 244 102 7 269 554
Fund equity
Investment in general fixed assets - - - - 1 940 400 - 1 940 400 1 793 975
Contributed capital _ - _ 6 075 509 - - 6 075 509 2 281 460
Retained earnings - unreserved - -. - 469 869 - - 469 869 296 460
Fund balance
Reserved - 1 510 101 - - - - 1 510 303 2 677 309
Unreserved 951 875 400 987 (28 707) - - 1 335 155 812 483
Total fund equity 953 875 1 920 290 (28 707) 6 545 178 1 940 400 - 11 331 236 7 861 687
Total liabilities and
fund equity $1 200 390 $1 811 038 $ (8 2711 $6 714 731 $1 940 400 $2 917 050 $16 575 338 $15 131 241
CITY OF SHOREWOOD, MINNESOTA
COMBINED BALANCE SHEET
ALL FUND TYPES AND ACCOUNT GROUPS
DECEMBER 31, 1988
Proprietary
Governmental Fund Types Fund Type Account Groups
General General Total
Debt Capital Fixed Assets Long -term (Memorandum
Assets General Service Projects Enterprise (Unaudited) Debt Only)
Cash and investments $ 798 422 82 617 767 $137 722 $ 382 884 $ - $ - $ 3 936 795
Cash on hand 100 - - 1 200 - - 1 300
Receivables
Taxes 76 577 - - - - - 76 577
Accounts 25 102 - - 166 856 - - 191 958
Accrued interest 15 758 50 333 2 642 7 274 - - 76 007
Contracts 94 708 - - - - - 94 708
Special assessments - 2 324 034 - 8 348 - - 2 332 382
Inventories, at cost - - - 155 336 - - 155 336
Prepaid expenses - - - 14 140 - - 14 140
Property and equipment, net - - - 2 009 137 1 793 975 - 3 803 112
Bond discount, net - - - 1 474 - 1 474
Other debits
Amounts available - - - - - 2 677 309 2 677 309
Amounts to be provided for
general long -term debt - - - - - 1 770 143 1 770 143
Total Assets 81 010 667 $4 992 134 $140 364 $2 746 649 $1 793 975 $4 447 452 $15 131 241
Liabilities and Fund Equity
Liabilities
Accounts and contracts payable $ 43 963 $ - $ 99 479 $ 61 502 $ - $ - $ 204 944
Salaries and compensated absences 16 133 - - 3 829 - 12 452 32 414
Refundable deposits payable 19 500 - - - - - 19 500
Accrued interest payable - - - 931 - - 931
Deferred revenue 159 473 2 314 825 - 7 467 - - 2 481 765
Bonds payable - - - 95 000 - 4 435 000 4 530 000
Total liabilities 239 069 2 314 825 99 479 168 729 - 4 447 452 7 269 554
Fund equity
Investment in general fixed assets - - - - 1 793 975 - 1 793 975
Contributed capital _ _ _ 2 281 460 - - 2 281 460
Retained earnings - unreserved - _ _ 296 460 - - 296 460
Fund balance
Reserved - 2 677 309 - - - - 2 677 309
Unreserved 771 598 - 40 885 - - - 812 483
Total fund equity 771 598 2 677 309 40 885 2 577 920 1 793 975 - 7 861 687
Total liabilities and
fund equity $1 010 667 $4 992 134 $140 364 $2 746 649 $1 793 975 $4 447 452 $15 131 241
CITY OF SHOREWOOD, MINNESOTA
COMBINED STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
ALL GOVERNMENTAL FUND TYPES
YEAR ENDED DECEMBER 31, 1990
Total
Debt Capital (Memorandum Only)
General Service _ Protects 1990 1989
REVENUE
General property taxes $1 437 140 $ - $ - $1 437 140 $1 118 886
Licenses and permits 203 828 - - 203 828 207 129
Intergovernmental 273 780 - - 273 780
943 4 0 5 954
Charges for services 9 943 - -
Fines 124 234 - - 124 234 105 244
Miscellaneous
Special assessments 1 504 870 075 - 871 579 835 347
Interest on investments 91 685 152 956 551 245 192 280 445
Park dedication fees - - 9 000 9 000 17 152
Other 30 881 - 6 058 36 939 19 871
TOTAL REVENUE 2 172 995 1023 031 15 609 3 211 635 3 001 050
EXPENDITURES
General government 616 929 - - 616 929 610 659
Public safety
Police protection 378 149 - - 378 149 362 066
Fire protection 79 749 - - 79 749 74 565
— Other 74 760 - - 74 760 66 911
— Public works 799 543 - - 799 543 607 038
cn
Parks and recreation 115 881 - 67 700 183 581 170 147
Debt service
Principal
260 000 - 260 000 2 604 150
Interest and service charges - 175 098 - 175 098 253 115
TOTAL EXPENDITURES 2 065 011 435 098 67 700 2 567 809 4 748 651
EXCESS REVENUE (EXPENDITURES) 107 984 587 933 (52 091) 643 826 (1 747 601)
OTHER FINANCING SOURCES
Proceeds of bonds issued - - - 1 079 942
Operating transfer in 195 000 65 000 61 000 321 000 49 325 Operating transfer out - (301 000) - (301 000) (26 000)
TOTAL OTHER FINANCING
SOURCES (USES) 195 000 (236 000) 61 000 20 000 1 103 267
EXCESS REVENUE AND OTHER FINANCING
SOURCES OVER (UNDER) EXPENDITURES
AND OTHER USES 302 984 351 933 8 909
663 826 (644 334)
FUND BALANCE, JANUARY 1 953 875 1 920 290 (28 707)
2 845 458 3 489 792
FUND EQUITY TRANSFER - (365 386) 365 386
FUND BALANCE, DECEMBER 31 $1 256 859 S1 906 837 1245 588
S3 509 284 S2 845 458
CITY OF SHOREWOOD; MINNESOTA
COMBINED STATEMENT OF REVENUE, 6PENDITI1RES AND CHANGES IN FUND BALANCE
ALL GOVERNMI:NTAI, FUND TYPES
YEAR ENDED DECEMBER 31, 1989
Total
Debt Capital (Memorandum Only)
General Service Projects 1989 1988
Revenue
General property taxes $1 118 886 $ - $ - $1 118 886 $1 087 099
Licenses and permits 207 129 - - 207 129 330 408
Intergovernmental 405 022 - - 405 022 368 288
Charges for services 11 954 - - 11 954 10 532
Fines 105 244 - - 105 244 91 385
Miscellaneous
Special assessments 4 665 830 682 - 835 347 1 204 901
Interest on investments 80 926 189 622 9 897 280 445 218 937
Park dedication fees - - - 17 152 17 152 99 102
Other 19 810 - 61 19 871 31 078
Total revenue 1 953 636 1 020 304 27 110 3 001 050 3 441 730
Expenditures
General government 610 659 - - 610 659 646 923
Public safety
Police protection 362 066 - _ 362 066 344 714
Fire protection 74 565 - - 74 565 68 414
EE Other 66 911 - - 66 911 110 589
oio Public works 570 981 - 36 057 607 038 1 337 749
Parks and recreation 83 502 - 86 645 170 147 252 312
Debt service
1'r i nr i pa 1 - 2 604 150 2 604 1 50 435 000
Interest and
service charges - 253 115 - 253 115 274 636
Total expenditures 1 768 684 2 857 265 122 702 4 748 651 3 470 337
Excess revenue (expenditures) 184 992 (1 836 961) (95 992) (1 747 601) (28 607)
Other financing sources
Proceeds of bonds issued - 1 079 942 - 1 079 942 _
Operating transfer in 23 325 - 26 000 49 325 16 000
Operating transfer out (26 000) - (26 000) _
Total other financing
sources (uses) (2 675) 1 079 942 26 000 1 103 267 16 000
Excess revenue and ether
financing sources over (under)
expenditures and othor uses 187 277 (757 019) (69 5 (644 334) (12 607)
Fund balance, January 1 771 598 2 677 309 40 995 3 489 792 3 502 399
Fund ba ant 0, Ireceml,er 3I $ 45 "( 87; $1_920 290 $(28 707) $2 845 498 $3 489 792
CITY OF SHOREWOOD, MINNESOTA
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
ALL GOVERNMENTAL FUND TYPES
YEAR ENDED DECEMBER 31, 1988
Total
Debt Capital (Memorandum
General Service Proj Only)
Revenues
General property taxes $1 087 099 $ - $ - $1 087 099
Licenses and permits 330 408 - - 330 408
Intergovernmental 368 288 - - 368 288
Charges for services 10 526 - 6 10 532
Fines 91 385 - - 91 385
Miscellaneous
Special assessments 200 956 115 - 956 315
Interest on investments 50 164 396 013 21 346 467 523
Park dedication fees - - 99 102 99 102
Other 30 078 - 1 000 31 078
Total revenues 1 968 148 1 352 128 121 454 3 441 730
Expenditures
General government 646 923 - - 646 923
Public safety
Police protection 344 714 - - 344 714
Fire protection 68 414 - - 68 414
Other 110 589 - - 110 589
Public works 669 990 - 667 759 1 337 749
Parks and recreation 57 964 - 194 348 252 312
Debt service
Principal - 435 000 - 435 000
Interest and
service charges - 274 636 - 274 636
Total expenditures 1 898 594 709 636 862 107 3 470 337
Excess revenues (expenditures) 69 554 642 492 (740 653) (28 607)
Other financing sources
Operating transfer in 16 000 - - 16 000
Excess revenues and other
financing sources over
(under) expenditures 85 554 642 492 (740 653) (12 607)
Fund balance, January 1 686 044 2 034 817 781 538 3 502 399
Fund balance, December 31 $ 771 598 $2 677 309 $ 40 885 $3 489 792
III -7
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
Budget 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 4 471
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 $ 527 746
FUND BALANCE, JANUARY 1 953 875
FUND BALANCE, DECEMBER 31 $1 256 859
111 -8
CITY OF SHOREWOOD, MINNESOTA
STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
GENERAL FUND
YEAR ENDED DECEMBER 31, 1989
Variance
Favorable
Budget Actual (Unfavorable)
Revenue
General property taxes $1 282 956 $1 118 886 $(164 070)
Licenses and permits 170 200 207 129 36 929
Intergovernmental 199 735 405 022 205 287
Charges for services 16 300 11 954 (4 346)
Fines 70 000 105 244 35 244
Miscellaneous
Special assessments — 4 665 4 665
Interest on investments 35 000 80 926 45 926
Other 15 000 19 810 4 810
Total revenue 1 789 191 1 953 636 164 445
Expenditures
General government 636 894 610 659 26 235
Public safety
Police protection 363 017 362 066 951
Fire protection 74 832 74 565 267
Other 69 827 66 911 2 916
Public works 676 862 570 981 105 881
Parks and recreation 76 760 83 502 (6 742)
Total expenditures 1 898 192 1 768 684 129 508
Excess revenue (expenditures) (109 001) 184 952 293 953
Other financing sources (uses)
Operating transfer in 23 325 23 325 —
Operating transfer out — (26 000) (26 000)
Total other financing
sources (uses) 23 325 (2 675) (26 000)
Excess revenue and other financing
sources over (under)
expenditures and other uses $ (85 676) 182 277 $ 267 953
Fund balance, January 1 771 598
Fund balance, December 31 $ 953 875
111-9
CITY OF SHOREWOOD, MINNESOTA ,
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
GENERAL FUND
YEAR ENDED DECEMBER 31, 1988
Variance
Favorable
Budget Actual (Unfavorable)
Revenues
General property taxes $1 274 189 $1 087 099 $(187 090)
Licenses and permits 145 400 330 408 185 008
Intergovernmental 183 628 368 288 184 660
Charges for services 19 700 10 526 (9 174)
Fines 75 000 91 385 16 385
Miscellaneous
Special assessments 200 200 -
Interest on investments 35 000 50 164 15 164
Other 21 319 30 078 8 759
Total revenues 1 754 436 1 968 148 213 712
Expenditures
General government 666 090 646 923 19 167
Public safety
Police protection 346 723 344 714 2 009
Fire protection 68 395 68 414 (19)
Other 85 527 110 589 (25 062)
Public works 687 599 669 990 17 609
Parks and recreation 61 104 57 964 3 140
Total expenditures 1 915 438 1 898 594 16 844
Excess revenues (expenditures) (161 002) 69 554 230 556
Other financing sources
Operating transfer in 16 000 16 000 -
Excess revenues and other
financing sources over
(under) expenditures $ (145 002) 85 554 $ 230 556
Fund balance, January 1 686 044
Fund balance, December 31 $ 771 598
t
III -10
CITY OF SHOREWOOD, MINNESOTA
PROPRIETARY FUND TYPES
COMBINING STATEMENT OF REVENUE, EXPENSES AND CHANGES IN RETAINED EARNINGS
YEAR ENDED DECEMBER 31, 1990
(With comparative totals for the year ended December 31, 1989)
Water Sewer Liquor Fund Total
Fund Fund Store I Store II 1990 1989
Sales $ - $ - $525 807 $776 680 $1 302 487 $1 198 775
Less coat of sales - - 412 467 625 936 1 038 403 963 846
GROSS PROFIT - - 113 340 150 744 264 084 234 929
Charges for services 156 069 447 521 - - 603 590 605 019
Permits, connection fees and meters _36 613 8 400 - - 45 013 23 562
GROSS PROFIT AND REVENUE 192 682 455 921 113 340 150 744 912 687 863 510
EXPENSES
Personal services 9 819 11 179 51 421 70 090 142 509 122 633
Supplies 10 123 1 768 1 605 3 253 16 749 14 149
Repairs and maintenance 8 664 3 359 - - 12 023 15 046
Depreciation 55 706 173 906 - 620 230 232 225 106
Professional services 5 099 9 655 1 830 1 830 18 414 13 990
Contracted eervicee 32 894 34 529 1 048 395 68 866 100 168
Communication 1 214 73 - - 1 287 1 104
Insurance general 4 561 2 904 4 351 6 510 18 326 18 129
Water purchases 15 459 - - - 15 459 19 195
1 Utilities 27 654 5 132 4 886 7 169 44 841 45 091
Other 802 3 892 1 364 951 7 009 6 666
Metropolitan Waste Control
Commission disposal charges - 273 524 - - 273 524 262 093
Rent - - 16 456 24 803 41 259 36 965
Advertising - - 2 898 3 094 5 992 5 199
TOTAL EXPENSES 171 995 519 921 85 859 118 715 896 490 885 534
OPERATING INCOME (LOSS) 20 687 (64 000) 27 481 32 029 16 197 (22 024)
OTHER REVENUE (EXPENSES)
Taxes 15 438 - - - 15 438 16 914
Property tax credits 2 163 - - - 2 163 2 402
Interest income 1 697 37 426 6 952 6 707 52 782 42 208
Other income (expenses) 3 600 - 1 088 2 344 7 032 -
Intereet expense (7 293) - - - (7 293) (7 154)
TOTAL OTHER REVENUE (EXPENSES) 15 605 37 426 8 040 9 051 70 122 54 370
NET INCOME (LOSS) BEFORE TRANSFERS 36 292 (26 574) 35 521 41 080 86 319 32 346
OTHER FINANCING USES (6 667
Operating transfers out 667) (13 333) (20 000) (23 325)
NET INCOME (LOSS) 36 292 (26 574) 28 854 27 747 66 319 9 021
ADD: CREDIT FOR DEPRECIATION ON CONTRIBUTED ASSETS 5 617 162 647 - - 168 264 164 388
RETAINED EARNINGS, JANUARY 1 (244 984) 453 447 _103 190 158 216 469 869 296 460
RETAINED EARNINGS, DECEMBER 31 $(203 075) $589 520 §132 044 $185 963 $ 704 452 $ 469 869
CITY OF 5HORFWoop, MINNESOTA
PROPRIETARY FUND TYPES
COMBINING STATEMENT OF REVENUE, EXPENSES AND CHANCES IN RETAINED EARNINGS
YEAR ENDED DECEMBER 31, 1989
(With comparative totals for the year ended December 31, 1988)
Water Sewer
Fund Fund Liquor Fund Total
Store T Store II 1989 1988
Sales $ - $ -
Less cost of sales - - $489 494 $709 281 $1 198 775
$1 148 314
Cross profit - - (398 371) (565 475) (963 846) (908 147)
Charges for services 162 257 492 782 91 123 143 806 234 929 240 167
Permits and connection fees 14 462 9 100 - - 655 039 638 514
Gross profit and revenue 176 719 501 882 - - 23 562 20 997
91 123 143 806 913 530 899 678
Expenses .
Personal services 5 924 7 060
Supplies 10 256 971 44 219 65 430 122 633 133 722
Repairs and maintenance 10 298 989 648 2 274 14 149 25 071
Depreciation 53 314 171 172 2 688 1 071 15 046 24 700
Professional services 1 838 7 622 - 620 225 106 36 444
Contracted services 20 994 68 744 2 235 2 295 13 990 24 854
Communication 1 104 1 017 413 100 168 91 646
Insurance - general 4 517 4 217 - - 1 104 1 164
Water purchases 19 195 - 3 876 5 519 18 129 19 962
Utilities 27 019 5 891 - 19 195 15 649
-` Other 847 3 011 4 785 7 396 45 091 40 860
Metropolitan Waste Control 836 1 977 6 666
3 042
Commission disposal charges - 312 113
Rent - - 317 113 382 893
Adver 13 894 23 071 36 965 33 741
Total expenses 164 301 581 790 2 430 2 769 5 199
5 120
76 628 112 835 935 554 838 868
Operating income (loss) 12 418 (79 908)
14 495 30 971 (22 024) 60 810
Other revenue (expenses)
Taxes 16 914
Special assessments - - - 16 914 16 530
Property tax credits 2 4 02 - - 4 028
Interest income 30 312 - - 2 402 2 725
Other income (expenses) - 6 098 5 798 42 208 23 043
Interest expense (7 154) (415)
- — (7 154) (11 435)
Total other revenue (expenses) 12 162 30 312
6 098 5 798 54 370 34 476
Net income (loss) before transfers 24 580 (49 5961
2!) 501 36 769 32 346 95 286
Other financing uses
Operating transfers out - -
(15 550) (23 325) (16 000)
Net income (loss) 74 580 (40 5061 --
Add: Credit for depreciation on IJ 818 21 219 9 021 79 286
con) ribut ed assets 3 750 160 6 "18 - - 164 388
Retained earnings, January 1 (273 314) 342 405 _ ' 1 72 136 097 296 460 217 174
Retained earnings, December 31 $(244 984) 8453 447 $IOt 100 $158 216 $ 469 869 $ 296 460
J1 Ut S110IPI Wool), MINtttstrIA
I'ROPP 111ARY 1 IINII 1 YPi.S
C(MMI-IN1NC ;1A1F:MEN1' 01' RFVENUFI., 1X11 N`,I AND cIIAN(,FS IN RE:TAINFU EARNINCS
YEAR ENDED DI cE m0114 11, 1988
Water Sewer Liquor Fund
Fund Fund Store I Store II Total
Sales $ - $ - $483 962 $664 352 $1 148 314
Cost of sales _ _ 382 009 526 138 908 147
Cross prof it - - 101 953 138 214 240 167
Charges for services 153 177 485 337 - - 638 514
Permits and connection fees 5 297 15 700 - - 20 997
Cross profit and revenues 158 474 501 037 101 953 138 214 899 678
Expenses
Personal services 4 713 13 185 55 104 60 720 133 722
Stipp] ies 21 498 1 277 741 1 555 25 071
Repairs and maintenance 19 531 5 169 - - 24 700
1(epreci0t1 on 25 083 10 781 28 552 36 444
Professional services 18 957 2 671 1 613 1 613 24 854
Contracted services 24 521 64 456 1 560 1 109 91 646
Communication 1 164 - - 1 164
Insurance - general 4 250 5 320 5 050 5 342 19 962
Water purchases 15 649 - - - 15 649
Utilities 25 198 5 144 4 937 5 581 40 860
Other 416 469 955 1 202 3 042
Metropolitan Was Control
Commission disposal charges - 382 893 - - 382 893
W Rent _ 10 670 23 071 33 741
Advertising - 2 516 2 604 5 120
Total expenses 160 980 491 365 83 174 103 349 838 868
Operating income (2 506) 9 672 18 779 34 865 60 810
Other revenues (expenses)
Taxes 16 530 - - - 16 530
Special assessments - 4 028 - - 4 028
Property tax credits 2 725 - - - 2 725
Interest income - 15 708 4 160 3 175 23 043
Other income 2 46 3 - 51
Interest expense (11 435) - - - (11 435)
Other expenses - (424) (42) (466)
Total other revenues (expenses) 7 822 19 782 3 739 3 133 34 476
Net income before transfers 5 316 29 454 22 518 37 998 95 286
Other financing uses (5 300) (10 700) (16 000)
Operating transfers out _ __.
Net income 5 316 29 454 17 218 27 298 79 286
Retained earnings, January 1 (278 630) 312 951 73 154 109 699 217 174
Retained earnings, December 31 $(273 314) $342 405 $ 90 372 $136 997 $ 296 460
OFFICIAL BID FORM
TO: Mr. James C. Hurm, Administrator /Clerk SALE DATE: October 15, 1991
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
(612) 474 -3236
RE: $960,000 General Obligation Improvement Bonds, Series 1991 A
For the Bonds of this Issue which shall mature and bear interest at the respective annual rates, as
follow, we offer a price of $ (Note: This amount may not be less than
$949,440) and accrued interest to the date of delivery.
% 1993 % 1997 % 2000
% 1994 % 1998 % 2001
% 1995 % 1999 % 2002
% 1996
In making this offer we accept all of the terms and conditions of the Official Terms of Offering
published in the Official Statement dated October 1, 1991. In the event of failure to deliver these
Bonds in accordance with the Official Terms of Offering as printed in the Official Statement and made a
part hereof, we reserve the right to withdraw our offer, whereupon the deposit accompanying it will be
immediately returned. All blank spaces of this offer are intentional and are not to be construed as an
omission.
Not as a part of our offer, the above quoted prices being controlling, but only as an aid for the
verification of the offer, we have made the following computations:
NET INTEREST COST: $
NET EFFECTIVE RATE:
Account Members
Account Manager
BY:
The foregoing offer is hereby accepted by the Issuer on the date of the offer by its following officers
duly authorized and empowered to make such acceptance.
Administrator /Clerk Mayor
Received good faith check for return to bidder.
SPRINGSTED Incorporated by
OFFICIAL BID FORM
TO: Mr. James C. Hurm, Administrator /Clerk SALE DATE: October 15, 1991
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
(612) 474 -3236
RE: $960,000 General Obligation Improvement Bonds, Series 1991A
For the Bonds of this Issue which shall mature and bear interest at the respective annual rates, as
follow, we offer a price of $ (Note: This amount may not be Tess than
$949,440) and accrued interest to the date of delivery.
% 1993 % 1997 % 2000
% 1994 % 1998 % 2001
% 1995 % 1999 % 2002
% 1996
In making this offer we accept all of the terms and conditions of the Official Terms of Offering
published in the Official Statement dated October 1, 1991. In the event of failure to deliver these
Bonds in accordance with the Official Terms of Offering as printed in the Official Statement and made a
part hereof, we reserve the right to withdraw our offer, whereupon the deposit accompanying it will be
immediately returned. All blank spaces of this offer are intentional and are not to be construed as an
omission.
Not as a part of our offer, the above quoted prices being controlling, but only as an aid for the
verification of the offer, we have made the following computations:
NET INTEREST COST: $
NET EFFECTIVE RATE:
Account Members
Account Manager
BY:
The foregoing offer is hereby accepted by the Issuer on the date of the offer by its following officers
duly authorized and empowered to make such acceptance.
Administrator /Clerk Mayor
Received good faith check for return to bidder.
SPRINGSTED Incorporated by
OFFICIAL BID FORM
TO: Mr. James C. Hurm, Administrator /Clerk SALE DATE: October 15, 1991
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
(612) 474 -3236
RE: $960,000 General Obligation Improvement Bonds, Series 1991A
For the Bonds of this Issue which shall mature and bear interest at the respective annual rates, as
follow, we offer a price of $ (Note: This amount may not be Tess than
$949,440) and accrued interest to the date of delivery.
% 1993 % 1997 % 2000
% 1994 % 1998 % 2001
% 1995 % 1999 % 2002
% 1996
In making this offer we accept all of the terms and conditions of the Official Terms of Offering
published in the Official Statement dated October 1, 1991. In the event of failure to deliver these
Bonds in accordance with the Official Terms of Offering as printed in the Official Statement and made a
part hereof, we reserve the right to withdraw our offer, whereupon the deposit accompanying it will be
immediately returned. All blank spaces of this offer are intentional and are not to be construed as an
omission.
Not as a part of our offer, the above quoted prices being controlling, but only as an aid for the
verification of the offer, we have made the following computations:
NET INTEREST COST: $
NET EFFECTIVE RATE:
Account Members
Account Manager
BY:
The foregoing offer is hereby accepted by the Issuer on the date of the offer by its following officers
duly authorized and empowered to make such acceptance.
Administrator /Clerk Mayor
Received good faith check for return to bidder.
SPRINGSTED Incorporated by
Revised
Recommendations
For
City of Shorewood, Minnesota
$960,000
General Obligation Improvement Bonds, Series 1991A
Study No. 3911
SPRINGSTED Incorporated
October 4, 1991
SPRINGSTED
PUBLIC FINANCE ADVISORS
16655 West Bluemound Road 85 East Seventh Place 6800 College Boulevard
Suite 290 Suite 100 Suite 600
Brookfield, WI 53005 -5935 Saint Paul, MN 551 01 -21 43 Overland Park, KS 6621 1 -1 533
(414) 782 -8222 (612) 223-3000 (913) 345 -8062
Fax: (414) 782 -2904 Fax: (612) 223 -3002 Fax: (913) 345 -1770
2739 Second Avenue S.E. 222 South Ninth Street
Cedar Rapids, IA 52403 -1434 Suite 2825
(319) 363 -2221 Minneapolis, MN 55402 -3368
Fax: (319) 363 -6999 (612) 333 -9177
Fax: (612) 333 -2363
October 4, 1991
Mayor Barbara Brancel
Members, City Council
Mr. James C. Hurn, Administrator -Clerk
Mr. Alan J. Rolek, Finance Director
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Revised Recommendations for the Issuance of $960,000 General Obligation
Improvement Bonds, Series 1991A
We respectfully request your consideration of our revised recommendations for the issuance of
these bonds according to the terms and conditions set forth in the attached Official Terms of
Offering. The size and principal payment schedule of the issue has been revised due to
changes in that portion of the issue which is financing the new improvement projects.
Specifically, the filing of special assessments for the Church Road Improvement Project has
been delayed until 1992. To compensate for the later filing of the Church Road special
assessments, capitalized interest in the amount of $13,290 has been added to the bond issue
to cover the Church Road Improvement Project's share of interest payments due on the bonds
through February 1, 1993. In addition, the February 1, 1993 principal maturity amount has
been reduced to reflect the reduced assessment income available in the first levy cycle. The
revised composition of the issue is as follows:
1991 Project Costs $ 678,300
Bonds to be Refunded 655,000
Less: City Funds for Refunding (397,109)
Subtotal $ 936,191
Plus: Capitalized Interest 13,290
Costs of Issuance for Refunding Portion
of the Bonds 7,500
Allowance for Discount Bidding 10,560
Less: Investment Earnings (7,541)
Total Bond Issue $ 960,000
Includes construction, engineering, contingency and costs of issuance.
, City of Shorewood, Minnesota
October 4, 1991
The project costs and sizing of the new money portion of the bond issue are set forth in
Appendix I. Appendix II is the revised collection of assessment income based on the filing of
the Church Road special assessments in 1992.
Appendix III is the revised recommended cash flow for the new issue portion, which has been
structured around the revised assessment income in Appendix II. The principal maturity due
February 1, 1993 has been reduced to $50,000 as shown in Column 1. Column 9 shows the
net levy requirement which represents the City's share of the improvement projects. However,
if the City collects 100% of the assessments as projected, no net levy will be required because
the total projected assessment income in Column 10 exceeds the net debt service
requirements in Column 8.
No changes were required to be made to the refunding portion of the issue as a result of
changes made to the new money portion of this issue.
Respectfully submitted, 1
( a SPRINGSTEQ" Incorporated
rlw
Page 2
APPENDIX I
•
City of Shorewood, Minnesota Prepared 10/02/91
G.O. Improvement Bonds, Series 1991A By SPRINGSTED Incorporated
Plus: Plus: !< > <'N t ost Amount of
_ €o Project
Capitalized Discount 1 ect
r Finance Assessments
Project Costs (a) I n to est
$436,593
>`' ?3x3
Water Treatment $431,700 $0 $4,893 $;,.,,.,,,,,,::,:,::,
n
PI a t
9 4'78>
Church Road 177,200 13,290 1, 988 ? ;< >i`, 192,478
64 <<
Pine Bend 69,400 0 764 !< >«<<�a� 70,164
Watermain rma
in b
Subtotal $678,300 $13,290 $7,645 $699,235
Less: Investment Earnings
Total Bond Issue 6951 O
(a) Includes construction, engineering, contingency, administration and issuance costs.
(b) Project costs for Pine Bend Watermain exclude City General Fund contribution of $42,285.
Page 3
City of Shorewood, Minnesota Prepared September 24, 1991
General Obligation Improvement Bonds, Series 1991A By SPRINGSTED Incorporated
Page 1 of 2
PROJECTED ASSESSMENT INCOME
Water Treatment Plant Church Road Improvements Pine Bend Watermain
Filing Date: 11/30/1991 Filing Date: 11/30/1992 Filing Date: 11/30/1991
Filing Collect Interest Interest Interest
Year Year Principal @ 7.200% Total Principal @ 7.200% Total Principal @ 7.200% Total
1991 1992 43,659 34,191a 77,850 7,016 5,495b 12,511
1992 1993 43,659 28,291 71,950 19,248 15,073c 34,321 7,016 4,547 11,563
1993 1994 43,659 25,148 68,807 19,248 12,473 31,721 7,016 4,042 11,058
1994 1995 43,659 22,004 65,663 19,248 11,087 30,335 7,016 3,536 10,552
1995 1996 43,659 18,861 62,520 19,248 9,701 28,949 7,016 3,031 10,047
1996 1997 43,659 15,717 59,376 19,248 8,315 27,563 7,016 2,526 9,542
1997 1998 43,659 12,574 56,233 19,248 6,929 26,177 7,016 2,021 9,037
1998 1999 43,659 9,431 53,090 19,248 5,543 24,791 7,016 1,516 8,532
1999 2000 43,659 6,287 49,946 19,248 4,157 23,405 7,016 1,011 8,027
2000 2001 43,662 3,144 46,806 19,248 2,772 22,020 7,020 505 7,525
2001 2002 19,246 1,386 20,632
TOTALS 436,593 175,648 612,241 192,478 77,436 269,914 70,164 28,230 98,394
a) Includes interest from filing c) Includes interest from filing b) Includes interest from filing
date to 12/31/1992. date to 12/31/1993. date to 12/31/1992.
D
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( R
City of Shorewood, Minnesota
Prepared September 24, 1991
General Obligation Improvement Bonds, Series 1991A By SPRINGSTED Incorporated
Page 2 of 2
PROJECTED ASSESSMENT INCOME
T O T A L - - - -A L
Filing Collect
Year Year Principal Interest Total
1991 1992 50,675 39,686 90,361
1992 1993 69,923 47,911 117,834
1993 1994 69,923 41,663 111,586
1994 1995 69,923 36,627 106,550
1995 1996 69,923 31,593 101,516
1996 1997 69,923 26,558 96,481
1997 1998 69,923 21,524 91,447
1998 1999 69,923 16,490 86,413
1999 2000 69,923 11,455 81,378
2000 2001 69,930 6,421 76,351
2001 2002 19,246 1,386 20,632
TOTALS 699,235 281,314 980,549
1
M
a)
m
at
City of Shorewood, Minnesota Prepared September 24, 1991
General Obligation Improvement Bonds, Series 1991A By SPRINGSTED Incorporated .
Dated: 11- 1-1991
Mature: 2- 1
First Interest: 8- 1 -1992
Total Capital- Net Projected Cumulative
Year of Year of Principal ized Levy 105% Assessment Net Annual Cumulative
Levy Mat. Principal Rates Interest & Interest Interest Required of Total Income Requirement Surplus Surplus
(1) (2) ( ( ( ( ( ( ( ( 10) (11) (12) (t3)
1991 1993 50,000 5.15% 50,485 100,485 13,290 87,195 91,555 90,361 1,194 0 0
1992 1994 75,000 5.30% 37,813 112,813 0 112,813 118,454 117,834 620 0 0
1993 1995 75,000 5.45% 33,838 108,838 0 108,838 114,280 111,586 2,694 0 0
1994 1996 75,000 5.60% 29,750 104,750 0 104,750 109,988 106,550 3,438 0 0
1995 1997 70,000 5.75% 25,550 95,550 0 95,550 100,328 101,516 0 1,188 1,188
1996 1998 70,000 5.90% 21,525 91,525 0 91,525 96,101 96,481 0 380 1,568
1997 1999 70,000 6.00% 17,395 87,395 0 87,395 91,765 91,447 0 0 1,250
1998 2000 70,000 6.15% 13,195 83,195 0 83,195 87,355 86,413 0 0 308
1999 2001 70,000 6.30% 8,890 78,890 0 78,890 82,835 81,378 1,149 0 0
2000 2002 70,000 6.40% 4,480 74,480 0 74,480 78,204 76,351 1,853 0 0
2001 2003 0 6.40% 0 0 0 0 0 20,632 0 20,632 20,632
TOTALS: 695,000 242,921 937,921 13,290 924,631 970,865 980,549 10,948
Bond Years: 4,048.75 Annual Interest: 242,921
Avg. Maturity: 5.83 Plus Discount: 7,645
Avg. Annual Rate: 6.000% Net Interest: 250,566
T.I.C. Rate: 6.205% N.I.C. Rate: 6.189%
Interest rates are estimates; changes may cause significant alterations of this schedule.
The actual underwriter's discount bid may also vary.
m
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a) -
OFFICIAL TERMS OF OFFERING
$960,000*
CITY OF SHOREWOOD, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A
Sealed bids for the Bonds will be received by the City Clerk or his designee on Tuesday,
October 15, 1991, until 11:00 A.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 November 1, 1991, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing August 1, 1992. Interest will
be computed on the basis of a 360 -day year of twelve 30 -day months and will be rounded
pursuant to rules of the MSRB. The Bonds will be issued in 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:
1993 $ 80,000 1997 $95,000 2000 $95,000
1994 $105,000 1998 $95,000 2001 $95,000
1995 $105,000 1999 $95,000 2002 $95,000
1996 $100,000
The City reserves the right, after bids 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 $20,000 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 by the successful bidder 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, 1999, and on any day thereafter, to prepay Bonds due on or
after February 1, 2000. Redemption may be in whole or in part and if in part, at the option of
the City and in such manner 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 and accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge
special assessments against benefitted property. The proceeds will be used to finance various
improvements within the City and to refund the 1993 - 2002 maturities of the City's General
Obligation Improvement Bonds, Series 1986A.
Page 7
TYPE OF BID
Bids shall be for not Tess than $949,440 and accrued interest on the total principal amount of
the Bonds. Bids 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 $9,600, payable to the
order of the City. If a check is used, it must accompany each bid. 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 bids. The Financial Surety Bond must identify each
bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded
to a bidder 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 bid,
said amount will be retained by the City. No bid can be withdrawn after the time set for
receiving bids 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 bid will be accepted.
AWARD
The Bonds will be awarded to the bidder offering the lowest dollar interest cost to be
determined by the deduction of the premium, if any, from, or the addition of any amount less
than par, to the total dollar interest on the Bonds from their date to their final scheduled
maturity. The City's computation of the total net dollar interest cost of each bid, in accordance
with customary practice, will be controlling.
The City will reserve the right to: (i) waive non - substantive informalities of any bid or of matters
relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and,
(iii) reject any bid which the City determines to have failed to comply with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment
therefor at the option of the bidder, the purchase of any such insurance policy or the issuance
of any such commitment shall be at the sole option and expense of the purchaser of the
Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of
insurance shall be paid by the purchaser, except that, if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
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.
Page 8
1
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be
subject to receipt by the purchaser of an approving legal opinion of Wurst, Pearson, 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 and the Official Bid Form 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 an Official Bid Form 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 40
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 executing and delivering an Official Bid Form with
respect to the Bonds agrees thereby that if its bid 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 September 9, 1991 BY ORDER OF THE CITY COUNCIL
/s/ James C. Hurm
Administrator -Clerk
Page 9
t . s ''.• ' MAYOR
'Or Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
11111 r `
SHOREWOOD
- 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236
NOTICE
SPECIAL CITY COUNCIL MEETING
• Tuesday, October 29, 1991
7:00 P.M.
1. ROLL CALL Stover
Daugherty
Lewis
Mayor Brancel
Gagne
Review Agenda
2. PERSONNEL REVIEW - WITH CITY ADMINISTRATOR JAMES C. HURM
3. ADJOURN TO CLOSED SESSION TO CONSIDER STRATEGY FOR LABOR
NEGOTIATIONS
4. ADJOURN
10/24/91
al
A Residential Community on Lake Minnetonka's South Shore