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05/13/2003
LAUDERDALE CITY COUNCIL MEETING AGENDA TUESDAY, MAY 13, 2003 CITY HALL, 7:00 P.M. The City Council is meeting as a legislative body to conduct the business of the City according to ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL MEETING TO ORDER AT 7:00 P. M. 2. ROLL: Councibnembers: McCloskey Christensen Gill -Gerbig Giannetti Mayor Dains Staff Getschow _ Bownik 3. APPROVAL OF THE AGENDA 4. APPROVAL A. Approval of minutes of 4/22/03 City Council Meeting B. Approval of claims totaling $43,686.81 C. Approval of Pay Request #11 for the 2002 Street and Utility Improvements for Northdale Construction in the amount of $18,894.39 D. Approval of Pay Request #1 for the 2003 Street and Utility Improvements for S.M. Hentges and Sons in the amount of $73,546.48 5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA Any member of the public may speak at this time on any item NOT on the agenda. In consideration of the public attending the meeting for specific items on the agenda, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued under Additional Items at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Council's ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL, is welcomed and your cooperation is greatly appreciated. City of Lauderdale Council Agenda May 13, 2003 Page 2 6. CONSENT 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/ CITIZENS ADDRESSING STREET AND UTILITY IMPROVEMENTS 8. INFORMATIONAL PRESENTATIONS 9. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings, all affected residents will be given an opportunity to speak- pursuant to the ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL. A. Front -Yard and Side -Yard Setback Variance for a deck at 1771 Eustis Street 10. ACTION A. Consideration of a Front -Yard and Side -Yard Setback Variance for a deck at 1771 Eustis Street B. Resolution 051303A: A Resolution Initiating the Process for the Sale of the City's General Obligation Improvement Bonds, Series 2003A C. Approval of the 2003 First Quarter Financial and Investment Report 11. EXECUTIVE SESSION RELATING TO ATTORNEY/CLIENT PRIVILEGE TO DISCUSS PENDING LITIGATION AGAINST THE CITY OF LAUDERDALE 12. ITEMS REMOVED FROM THE CONSENT AGENDA 13. ADDITIONAL ITEMS 14. SET AGENDA FOR NEXT MEETING 15. WORK SESSION DISCUSSION A. County Road Tuinbacks- County Commissioner and staff to be at June work session B. 2003 Improvements 15. ADJOURNMENT Lauderdale City Council Meeting Minutes April 22, 2003 1. Meeting called to order at 7:30 P.M. 2. ROLL Council present: Christensen, Giannetti, McCloskey, Gill -Gerbig and Mayor Dains Staff present: Administrator Getschow and Assistant to the City Administrator Bownik 3. APPROVAL OF THE AGENDA A. Approval of Agenda. Motion by Christensen, second by Giannetti to approve the agenda. Motion carried unanimously. Com: ' ' : eitel A. Approval of Minutes. Motion by McCloskey, second by Gill -Gerbig to approve the minutes of the April 8, 2003 City Council meeting. Motion carried unanimously. B. Approval of Claims totaling $39,889.67. Motion by Gill -Gerbig, second by Giannetti to approve the claims totaling $39,889.67. Motion carried unanimously. 5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS ITEMS NOT ON THE AGENDA 6. CONSENT 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 8. INFORMATIONAL PRESENTATIONS Lauderdale City Council Meeting Minutes, April 22, 2003 Page 2 9. PUBLIC HEARINGS A. Front -Yard Setback Variance for the house addition at 1847 Eustis Street. Assistant to the City Administrator Bownik stated that Glen Grindahl, 1847 Eustis Street, is applying for a variance to the front yard setback requirement to go from 30 feet to 24 feet for the purpose of converting the current open porch on the front of the house to living space. The open porch on the front of the house is currently 24 feet from the property line and the conversion to living area would not encroach further into the front yard setback. Bownik stated that a variance is required in this case due to the change of use that would be taking place. A variance may have been previously granted to encroach 6 feet into the front yard setback for an open porch, but since living space is a different use and would have a different visual impact, this variance is needed. Also, a small addition to the south of the house will be part of this project, but that part of the project does not require variances for the side yard or lot coverage. Bownik stated that the Planning Commission did not meet to discuss the variance request due to the lack of a quorum. Therefore, this action item was placed directly on the council agenda pursuant to the Zoning Ordinance. The Commission received the information packet and was encouraged to provide input to the Council. Council member Gill -Gerbig pointed out an error on the application regarding the measurement of lot depth. If one were to assume those numbers to be correct, the applicant would have exceeded the lot coverage requirements. Bownik verified the error and stated the correct depth of the lot which does not exceed lot coverage regulations. The Mayor opened the public hearing at 7:10 p.m. The Mayor closed the public hearing at 7:11 p.m. No one present wished to address the Council. Lauderdale City Council Meeting Minutes, April 22, 2003 Page 3 10. ACTION A. Consideration of a Front -Yard Setback Variance for the house addition at 1847 Eustis Street. Motion by McCloskey, second by Christensen to approve a 6 -foot front -yard variance to go from 30 feet to 24 feet for the house addition at 1847 Eustis Street. Roll: Yes: all. Motion carried. 9. PUBLIC HEARINGS B. Sign Variance for Boyer Ford at 2500 Broadway. Bownik stated that Boyer Ford Trucks is requesting a variance to allow an additional 150 square feet of signage for a total of 400 square feet. The Zoning Ordinance currently allows 250 square feet of aggregate surface. Bownik described the current sign plan, which includes two free-standing signs that are designed to sit atop a two -pier system at a height of 25 feet with the words "Sterling/Western Star". One of the signs would be placed along Highway 280 and the other sign would sit along Broadway. The third sign is a corner monument sign that would consist of letters attached to landscaping rock. The sign as proposed would say "Boyer Trucks Central". Boyer Ford Trucks has indicated that they would be willing to change this sign to say "Boyer Trucks Lauderdale". This is a result of Skip Maas of Boyer Ford stating that at a previous council meeting where a Council member suggested a city gateway sign. Bownik then recommended that a setback distance be considered since it is necessary to keep sight lines open for traffic. The zoning ordinance does not regulate setback distances for signs, but a five-foot or ten -foot setback distance could be made a condition of approving the variance. It may also be to the owner's benefit to set the signs back a distance from the property line due to possible future right-of-way acquisition when Highway 280 is reconstructed. Bownik stated that the Planning Commission did not meet to discuss the variance request due to the lack of a quorum. Therefore, this action item was placed directly on the council agenda pursuant to the Zoning Ordinance. The Commission received the information packet and was encouraged to provide input to the Council. Wayne Sisel, Planning Commission Chair, stated to Bownik that he supported the application but wanted assurances that the height of the signs did not exceed the height of the building. Lauderdale City Council Meeting Minutes, April 22, 2003 Page 4 The Mayor opened the public hearing at 7:17 p.m. Steve Martinson, 1943 Walnut Street, asked specifically where the signs would be placed. He questioned the hardship that exists for this variance and opposed this variance application. He felt that the lighting from these signs from Highway 280 could be a nuisance. Skip Maas, 2500 Broadway, stated that to minimize potential nuisance he opted for or two smaller pier signs as opposed to one large pier sign. He also stated that he was willing to work with the City and the residents to reduce glare and alleviate lighting concerns. The Mayor stated that Boyer seems to be willing to adjust their lighting and work with the homeowners on any concerns. The Mayor closed the public hearing at 7:31 p.m. 10. ACTION B. Consideration of a Sign Variance for Boyer Ford at 2500 Broadway. Council member Gill -Gerbig stated that the cooperation of Boyer Ford has been positive, and thus far, they have been willing to work well with city staff and the residents. Council member Christensen requested clarification on the gateway sign. Motion by Christensen, second by Giannetti to approve the 150 -square foot sign variance for Boyer Ford to go to 400 square feet of surface area with the condition that the corner monument read "Boyer Ford -Lauderdale" and there be a five-foot setback for the signs. Roll: Yes: all. Motion carried. 11. REPORTS A. 2003 Improvements. The City Administrator updated the City Council on the status and schedule of the 2003 Improvement project. An item of importance was that the contractor would be reconstructing most of Malvern Street before undertaking the reconstruction of Walnut Street. Lauderdale City Council Meeting Minutes, April 22, 2003 Page 5 12. DISCUSSION 13. ITEMS REMOVED FROM THE CONSENT AGENDA 14. ADDITIONAL ITEMS 15. SET AGENDA FOR NEXT MEETING 1. 2003 Improvements Update and Pay Request 2. Resolution of Intent to Bond 3. 2003 1" Quarter Financial and Investment Report 16. ADJOURNMENT Motion by Giannetti, second by McCloskey to adjourn at 7:50 P.M. Ayes: All. a CITY OF LAUDERDALE Claims for Approval May 13, 2003 City Council Meeting I Payroll 04/25/03 Payroll: Check # 7356-7359 04/25/03 Payroll: EFT: Federal Withholding Taxes/FICA 04/25/03 Payroll: EFT: PERA 04/25/03 Payroll: EFT: ICMA Retirement Fund April '03 Payroll: EFT: State Withholding Taxes 05/09/03 Payroll: Check # 7361-7365 05/09/03 Payroll: EFT: Federal Withholding Taxes/FICA 05/09/03 Payroll: EFT: PERA 05/09/03 Payroll: EFT: ICMA Retirement Fund Vendor Claims 05/13/03 Claims: Check # 16295-16311, 16313-16317, 16319-16322 $5,203.74 $2,252.87 $900.22 $1,211.58 $736.96 $6,368.16 $2,441.64 $1,022.97 $950.43 $22,598.24 Subtotal of Claims From Above $43,686.81 Northdale Construction: Check # 16312 $18,894.39 SM Hentges & Sons: Check # 16318 $73,546.48 Total Claims for Approval $136,127.6E CITY OF LAUDERDALE 04/24/03 9:24 AM Page 1 Paid Register Check Employee Pay Pay Group Check Check Numbe Number Employee Name Period Description Amount Date Status 007356 000000011 BOWNIK, JAMES 9 BI -WEEKLY $1,001.77 4/25/03 Outstanding 007357 000000003 GETSCHOW, RICK 9 BI -WEEKLY $1,802.99 4/25/03 Outstanding 007358 000000002 HINRICHS, DAVID C 9 BI -WEEKLY $1,201.31 4/25/03 Outstanding 007359 000000005 HUGHES, JOSEPH A 9 BI -WEEKLY $1,197.67 4/25/03 Outstanding 007355 VOID 9 $0.00 4/25/03 Void $5,203.74 CITY OF LAUDERDALE 05/07/03 5:37 PM Page 1 Paid Register Check Employee Pay Pay Group Check Check Numbe Number Employee Name Period Description Amount Date Status 007361 000000011 BOWNIK, JAMES 10 BI -WEEKLY $1,409.08 5/9/03 Outstanding 007362 000000003 GETSCHOW, RICK 10 BI -WEEKLY $1,802.99 5/9/03 Outstanding 007363 000000002 HINRICHS, DAVID C 10 BI -WEEKLY $1,039.13 5/9/03 Outstanding 007364 000000005 HUGHES, JOSEPH A 10 BI -WEEKLY $1,308.59 5/9/03 Outstanding 007365 000000037 WALSH, KEVIN 10 BI -WEEKLY $808.37 5/9/03 Outstanding 007360 VOID 10 $0.00 5/9/03 Void $6,368.16 CITY OF LAUDERDALE 05/08/03 12:45 PM Page 1 Vendor Transactions CHECK Check Batch Nbr Date Name Invoice Amount Comments Search Name ADVANTAGE SIGNS & GRAPHICS 016295 5/13/03 051303claims 6581 $519.19 250 no parking signs Search Name ADVANTAGE SIGNS & GRAPHICS $519.19 Search Name ASSOC OF RECYCLING MANAGERS 016296 5/13/03 051303claims 5/13/03 $30.00 recycling workshop james Search Name ASSOC OF RECYCLING MANAGERS $30.00 Search Name BANYON DATA SYSTEM 016297 5/13/03 051303claims 10200 $1,408.08 '03 fund/payroll support Search Name BANYON DATA SYSTEM $1,408.08 Search Name RIFFS, INC. 016298 5/13/03 051303claims W186845 $85.32 park biffy thru 4/15 Search Name RIFFS, INC. $85.32 Search Name BONESTROO, ROSENE, ANDERLIK 016299 5/13/03 051303claims 97082 $3,930.76 03/03'02 st/util improvements 016299 5/13/03 051303claims 97083 $1,866.00 03/03'03 st/util improvements 016299 5/13/03 051303claims 97084 $1,080.86 03/03 npdes phase2 ms4 permit 016299 5/13/03 051303claims 97085 $2,375.00 03/03 npdes phase2 ms4 permit 016299 5/13/03 051303claims 97081 $96.00 03/03 general engineering Search Name BONESTROO, ROSENE, ANDERLIK $9,348.62 Search Name CINTAS 016300 5/13/03 051303claims 5/13/03 $74.46 4/28, 5/5 pw uniforms Search Name CINTAS $74.46 Search Name CITY OF FALCON HEIGHTS 016301 5/13/03 051303claims 5/13/03 $2,872.00 03/03 fire calls 016301 5/13/03 051303claims 5/13/03 $718.00 03/03 false fire calls Search Name CITY OF FALCON HEIGHTS $3,590.00 Search Name EARL F. ANDERSEN, INC 016302 5/13/03 051303claims 53385in $1,464.38 toddler playground equipment Search Name EARL F. ANDERSEN, INC $1,464.38 Search Name EAST HENNEPIN AUTO SERVICE INC 016303 5/13/03 051303claims 5/13/03 $9.22 0403 truck fuel 016303 5/13/03 051303claims 5/13/03 $9.23 0403 truck fuel Search Name EAST HENNEPIN AUTO SERVICE INC $18.45 Search Name GLENWOOD INGLEWOOD 016304 5/13/03 051303claims 5/13/03 $79.27 04/03 water/cups delivery Search Name GLENWOOD INGLEWOOD $79,27 Search Name HOME DEPOT CRC 016305 5/13/03 051303claims 3022067 $36.97 repair light in kitchen 016305 5/13/03 051303claims 9011477 $29.87 posts for no parking signs Search Name HOME DEPOT CRC $66.84 Search Name HUGHES & COSTELLO 016306 5/13/03 051303claims 5/13/03 $850.00 05/03 legal retainer CITY OF LAUDERDALE 05/08/03 12:45 PM Page 2 Vendor Transactions CHECK Check Batch Nbr Date Name Invoice Amount Comments 016306 5/13/03 051303claims 5/13/03 $58.75 05/03 print/process Search Name HUGHES & COSTELLO $908.75 Search Name KENNEDY & GRAVEN 016307 5/13103 051303claims 55971 $137.50 03/03 legal services Search Name KENNEDY & GRAVEN $137.50 Search Name METRO AREA MANAGERS ASSOC 016308 5/13/03 051303claims 642 $18.00 04/03 meeting Search Name METRO AREA MANAGERS ASSOC $18.00 Search Name MIKE MC PHILLIPS 016309 5/13/03 051303claims 23844 $1,506.25 spring '03 street sweeping Search Name MIKE MC PHILLIPS $1,506.25 Search Name MINNESOTA AFSCME 016310 5/13/03 051303claims 5/13/03 $53.24 04/03 union dues Search Name MINNESOTA AFSCME $53.24 Search Name NORTH STAR BANK, PETTY 016311 5/13/03 051303claims 5/13/03 $12.00 nonresi reimb s kinney 016311 5/13/03 051303claims 5/13/03 $12.00 pizza pcic 016311 5/13/03 051303claims 5/13/03 $45.72 mileage rick 016311 5/13/03 051303claims 5/13/03 $15.00 dep clerk background check 016311 5/13/03 051303claims 5/13/03 $16.00 nonresi reimb r victorsen 016311 5113/03 051303claims 5/13/03 $15.00 gas for sewer jetter 016311 5/13/03 051303claims 5/13/03 $3.95 postage 016311 5/13/03 051303claims 5/13/03 $7.90 certified mail Search Name NORTH STAR BANK, PETTY $127.57 Search Name NORTHDALE CONSTRUCTION, INC. 016312 5/13/03 051303claims '02 pay req 11 $18,894.39 '02 street/utility improvements Search Name NORTHDALE CONSTRUCTION, INC. $18,894.39 Search Name OFFICE MAX 016313 5/13/03 051303claims 835j094 $49.19 general office supplies 016313 5/13/03 051303claims 6493j080 $27.68 general office supplies Search Name OFFICE MAX $76.87 Search Name PARK SERVICE 016314 5/13/03 051303claims 5/13/03 $57.75 04103 truck fuel 016314 5/13/03 051303claims 5/13/03 $57.75 04/03 truck fuel Search Name PARK SERVICE $115.50 Search Name QWEST 016315 5/13/03 051303claims 5/13/03 $225.31 05/03 city hall phone Search Name QWEST $225.31 Search Name RAMSEY COUNTY, ELECTIONS 016316 5/13/03 051303claims prre1000103 $1,604.93 new voting equip annual pay 2of5 Search Name RAMSEY COUNTY, ELECTIONS $1,604.93 Search Name RAPIT PRINTING CITY OF LAUDERDALE 05/08/03 12:45 PM Page 3 Vendor Transactions CHECK Check Batch Nbr Date Name Invoice Amount Comments 016317 5/13/03 051303claims 102778 $167.30 2g03 newsletter printing Search Name RAPIT PRINTING $167.30 Search Name SM HENTGES AND SONS, INC 016318 5/13/03 051303claims '03 pay req 1 $73,546.48 '03 street and utility improvements Search Name SM HENTGES AND SONS, INC $73,546.48 Search Name ST PAUL REGIONAL WATER SERVICE 016319 5/13/03 051303claims 5/13/03 $5.89 1 q03 water bill 016319 5/13/03 051303claims 5/13/03 $5.89 1803 water bill Search Name ST PAUL REGIONAL WATER SERVICE $11.78 Search Name WALTER'S RUBBISH 016320 5/13/03 051303claims 194609 $11.34 04/03 ramsey cec adjustment 016320 5/13/03 051303claims 194609 $11.34 04/03 ramsey cec adjustment Search Name WALTER'S RUBBISH $22,68 Search Name XCEL ENERGY 016321 5/13/03 051303claims 5/13/03 $31.62 04/03 city hall electric 016321 5/13/03 051303claims 5/13/03 $100.47 04103 city hall gas 016321 5/13/03 051303claims 5/13/03 $94.86 04/03 city hall electric 016321 5/13/03 051303claims 5/13/03 $21.43 04/03 garage gas 016321 5/13/03 051303claims 5/13/03 $21.43 04/03 garage gas 016321 5/13/03 051303claims 5/13/03 $7.13 04/03 garage electric 016321 5/13/03 051303claims 5/13/03 $7.13 04/03 garage electric 016321 5/13/03 051303claims 5/13/03 $82.73 04/03 park gas 016321 5/13/03 051303claims 5/13/03 $9.06 04/03 park electric 016321 5/13/03 051303claims 5/13/03 $422.95 04/03 street lighting 016321 5/13/03 051303claims 5/13/03 $33.49 04/03 city hall gas Search Name XCEL ENERGY $832.30 Search Name XCEL ENERGY, LIFT STATIONS 016322 5/13/03 051303claims 5/13/03 $14.91 04/03 lift station gas 016322 5/13/03 051303claims 5/13/03 $90.74 04/03 lift station electric Search Name XCEL ENERGY, LIFT STATIONS $105.65 Grand Total $115,039.11 E G TOR`% Copy FOR . % .E .. Bonestroo Owner: City of Lauderdale, 1891 Walnut St., Lauderdale, MN 55113 Date: May 2, 2003 Ros0 a Anderlik & For Period: 3/20/2003 to 5/2/2003 Request No: 11 An Associates Contractor: Northdale Construction Company Inc., 14450 Northdale Blvd., Rogers, MN 55374 Engineers 6 Architects CONTRACTOR'S REQUEST FOR PAYMENT 2002 UTILITY AND STREET IMPROVEMENTS, PHASE 3 BRA FILE NO. 532-01-102 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ 18,737.89 $ 0.00 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contr ctor: NORTHDALE CONSTRUCTION COMPANY INC Specified Contract Completion Date: June 15, 2003 53201102REQ 11 Approved by Owner: CITY OF LAUDERDALE Date: $ 1,734,132.04 $ 1,752,869.93 $ 1,542,003.96 $ 0.00 $ 1,542,003.96 $ 0.00 $ 1,542,003.96 $ 1,523,109.57 $ 0.00 $ 18.894.39 Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date Part 1 - Streets: 1 MOBILIZATION LS 1 50000.00 0.9 $45,000.00 2 TRAFFIC CONTROL LS 1 9137.50 0.9 $8,223.75 3 SILT FENCE, REGULAR LF 700 2.25 180 $405.00 4 REMOVE BITUMINOUS DRIVEWAY SY 950 2.75 476 $1,309.00 5 RECLAIM BITUMINOUS PAVEMENT SY 13000 1.80 12103 $21,785.40 6 REMOVE CONCRETE CURB AND GUTTER LF 150 3.00 310 $930.00 7 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 350 7.00 249 $1,743.00 8 REMOVE CONCRETE SIDEWALK SY 80 6.50 88 $572.00 9 REMOVE CONCRETE STEPS EA 28 100.00 18 $1,800.00 10 REMOVE CMP CULVERT LF 20 5.00 20 $100.00 11 CLEAR AND GRUB TREE 15 525.00 22 $11,550.00 12 FURNISH AND INSTALL NEW 27" SANITARY MH CASTING EA 4 410.82 1 $410.82 13 ADJUST VALVE BOX EA 12 125.00 9 $1,125.00 14 ADJUST MANHOLE CASTING EA 15 175.00 14 $2,450.00 15 TOPSOIL BORROW (LV) CY 1600 0.01 1600 $16.00 16 COMMON EXCAVATION (P) CY 10400 7.95 10400 $82,680.00 17 SUBGRADE EXCAVATION (EV) CY 1100 7.95 80 $636.00 18 GEOTEXTILE FABRIC, TYPE IV SY 15000 1.35 13976 $18,867.60 19 4" PERFORATED POLYETHYLENE PIPE LF 700 6.95 665 $4,621.75 20 CONNECT DRAIN TILE TO STRUCTURE EA 10 100.00 12 $1,200.00 21 AGGREGATE BASE, CLASS 5 (CV) CY 3500 17.55 2856 $50,122.80 22 SELECT GRANULAR BORROW (CV) CY 5000 15.50 4374 $67,797.00 23 BITUMINOUS PATCHING SY 350 23.88 289 $6,901.32 24 BITUMINOUS DRIVEWAY PATCH SY 950 19.50 390 $7,605.00 25 BITUMINOUS BASE COURSE, TYPE 31B TN 1550 28.76 1303 $37,474.28 26 BITUMINOUS WEAR COURSE, TYPE 41B TN 1150 31.98 $0.00 27 BITUMINOUS MATERIAL FOR TACK COAT GAL 625 1.94 45 $87.30 28 B618 CONCRETE CURB AND GUTTER LF 8600 7.53 7471 $56,256.63 29 CONCRETE VALLEY GUTTER SY 45 35.48 45 $1,596.60 30 T' CONCRETE DRIVEWAY PAVEMENT SY 850 42.08 923 $38,839.84 31 T' CONCRETE DRIVEWAY PAVEMENT- COLORED AND PATTERNED - 1933 MALVERN SY 50 103.35 $0.00 32 PEDESTRIAN CURB RAMP EA 2 215.00 $0.00 33 4" CONCRETE SIDEWALK SY 200 33.98 220 $7,475.60 34 CONCRETE STEPS EA 20 107.50 30 $3,225.00 35 WOOD FIBER BLANKET SY 600 1.77 305 $539.85 36 SODDING, LAWN TYPE SY 11000 2.62 6000 $15,720.00 37 STREET NAME SIGN (2 BLADES), INCL POST AND HARDWARE EA 7 295.63 3 $886.89 Total Part 1 - Streets: $499,953.43 Part 2 - Alley Improvements: 38 MOTOR GRADER WITH OPERATOR HR 50 128.50 60 $7,710.00 39 FRONT END LOADER WITH OPERATOR HR 20 127.50 41 $5,227.50 40 SKIDSTEER (BOBCAT) WITH OPERATOR HR 10 75.00 67.5 $5,062.50 41 ADJUST FRAME AND RING CASTING EA 2 150.0.0 1 $150.00 42 BITUMINOUS BASE COURSE, TYPE 31 B (ALLEYS) TN 475 33.33 437 $14,565.21 43 BITUMINOUS WEAR COURSE, TYPE 41B (ALLEYS) TN 375 35.48 395 $14,014.60 44 AGGREGATE BASE, CLASS 5 (CV) CY 425 27.50 102 $2,805.00 45 BITUMINOUS MATERIAL FOR TACK COAT GAL 225 1.94 5 $9.70 46 CLEAR AND GRUB LS 1 4500.00 $0.00 Total Part 2 - Alley Improvements: $49,544.51 Part 3 - Storm Sewer: 47 SILT FENCE, REGULAR LF 200 2.25 100 $225.00 48 REMOVE CMP CULVERT LF 200 5.50 202 $1,111.00 49 BULKHEAD EXISTING STORM SEWER EA 1 350.00 $0.00 50 15" CMP CULVERT LF 20 26.42 $0.00 51 15" CMP FLARED END SECTION EA 2 139.81 $0.00 52 24" RCP ARCH FLARED END SECTION, INCL. TRASH GUARD EA 1 1908.50 1 $1,908.50 53 24" RCP ARCH STORM SEWER LF 225 59.71 199 $11,882.29 54 12" RCP STORM SEWER LF 125 25.84 101 $2,609.84 53201102REQ11 53201 102REOI 1 Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date 55 12" RCP FLARED END SECTION EA 2 478.79 2 $957.58 56 CLASS III RANDOM RIPRAP CY 75 83.50 24 $2,004.00 57 15" RCP STORM SEWER LF 370 26.06 408 $10,632.48 58 18" RCP STORM SEWER LF 200 28.14 100 $2,814.00 59 18" RCP FLARED END SECTION, INCL TRASH GUARD EA 6 580.73 6 $3,484.38 60 21" RCP STORM SEWER LF 475 36.55 527 $19,261.85 61 SHALLOW CATCH BASIN EA 1 816.50 $0.00 62 2'X 3' CATCH BASIN WITH SUMP EA 2 1075.20 2 $2,150.40 63 2'X 3' CATCH BASIN EA 5 990.00 6 $5,940.00 64 4' DIA STORM SEWER MH, INC 2' SUMP EA 1 1275.00 1 $1,275.00 65 4' DIAMETER STORM CBMH EA 8 1290.00 8 $10,320.00 66 5' DIAMETER STORM CBMH EA 1 1880.00 1 $1,880.00 67 5' DIAMETER STORM SEWER MH EA 1 1790.00 1 $1,790.00 68 5' DIA STORM SEWER MH, INC 2' SUMP EA 1 1790.00 1 $1,790.00 69 4' DIAMETER STORM SEWER MH EA 1 1195.00 1 $1,195.00 70 CONSTRUCT MH OVER EXISTING PIPE EA 1 4175.00 1 $4,175.00 71 4' STORM SEWER MANHOLE OVERDEPTH LF 20 91.78 6 $550.68 72 AGGREGATE BASE, CLASS 5 - TRAIL CY 350 25.50 230 $5,865.00 73 COMMON EXCAVATION (P) CY 65 12.50 65 $812.50 74 BLACK HILLS SPRUCE, 6' B&B EA 2 430.00 $0.00 75 WOOD FIBER BLANKET SY 150 1.77 150 $265.50 76 POND DREDGING (P) CY 600 18.50 600 $11,100.00 Total Part 3 - Storm Sewer: $106,000.00 Part 4 - Sanitary Sewer: 77 REMOVE SANITARY SEWER PIPE LF 1750 2.00 2218 $4,436.00 78 REMOVE SANITARY SEWER SERVICE PIPE LF 1500 3.00 1470 $4,410.00 79 REMOVE SANITARY SEWER MANHOLE EA 13 475.00 13 $6,175.00 80 ABANDON SANITARY SEWER MH EA 4 350.00 4 $1,400.00 81 BULKHEAD EXISTING SANITARY SEWER EA 52 250.00 7 $1,750.00 82 BYPASS PUMPING LS 1 10500.00 1 $10,500.00 83 CONNECT TO EXISTING MANHOLE EA 2 2500.00 2 $5,000.00 84 SANITARY SEWER REPAIR LF 20 125.00 $0.00 85 CONNECT TO EXISTING SANITARY SEWER PIPE EA 5 1500.00 5 $7,500.00 86 4' DIAMETER SANITARY MANHOLES EA 11 1484.65 11 $16,331.15 87 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 55 90.30 39 $3,521.70 88 8" PVC SANITARY SEWER, SDR 35, 0'-10' DEEP LF 867 19.19 743 $14,258.17 89 8" PVC SANITARY SEWER, SDR 35, 10'-20' DEEP LF 1155 19.19 1244 $23,872.36 90 10" PVC SANITARY SEWER, SDR 35, U-10' DEEP LF 295 25.40 290 $7,366.00 91 10" PVC SANITARY SEWER, SDR 35,10'-20' DEEP LF 529 25.40 529 $13,436.60 92 10" PVC SANITARY SEWER, SDR 26, 10' -20 - DEEP LF 210 42.43 210 $8,910.30 93 10" PVC SANITARY SEWER, SDR 26, 20' -30 - DEEP LF 112 42.43 112 $4,752.16 94 RESTRICTED TRENCH LF 450 10.00 325 $3,250.00 95 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 3500 0.01 $0.00 96 8" DIP OUTSIDE DROP INLET PIPE LF 50 155.00 45 $6,975.00 97 8" DIP SANITARY SEWER LF 80 29.32 80 $2,345.60 98 CONNECT TO EXISTING SEWER SERVICE EA 76 125.00 60 $7,500.00 99 4" PVC, SDR 26 SERVICE PIPE LF 1740 11.98 1518 $18,185.64 100 4" PVC, SDR 26 RISER PIPE LF 90 12.32 184 $2,266.88 101 8" X 4" PVC WYE EA 58 53.83 61 $3,283.63 102 8" X 6" PVC WYE, SDR 26 EA 1 76.65 $0.00 103 6" PVC, SDR 26 SERVICE PIPE LF 30 12.64 $0.00 104 SODDING, LAWN TYPE SY 11000 2.62 $0.00 105 CLOSED CIRCUIT TV INSPECTION LF 3100 0.55 3600 $1,980.00 Total Part 4 - Sanitary Sewer: $179,406.19 53201 102REOI 1 53201102REO11 Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date Part 5 - Water Main: 106 REMOVE WATER MAIN LF 4650 4.75 4610 $21,897.50 107 REMOVE GATE VALVE AND BOX EA 13 100.00 13 $1,300.00 108 REMOVE HYDRANT EA 7 300.00 7 $2,100.00 109 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 4000 0.01 $0.00 110 WATER MAIN TRENCH LF 4700 8.25 4559 $37,611.75 111 WATER SERVICE TRENCH LF 2350 11.50 2107 $24,230.50 112 PIPE BEDDING LF 4650 2.15 4817 $10,356.55 113 MECHANICAL TRENCH COMPACTION LF 7050 1.50 6150 $9,225.00 114 INSULATION, 2" THICK SY 10 16.37 11 $180.07 115 WATER SERVICE TRENCH IN EASEMENT: 1943, 1951 PLEASANT, 1952 CARL EA 3 850.00 3 $2,550.00 116 8" WATER MAIN, JACKED LF 155 155.88 155 $24,161.40 Total Part 5 - Water Main: $133,612.77 Part 6 - Trunk Sanitary Sewer: 117 MOBILIZATION LS 1 53125.00 1 $53,125.00 118 TRAFFIC CONTROL LS 1 2687.50 1 $2,687.50 119 SILT FENCE, REGULAR LF 5000 2.25 2431 $5,469.75 120 CONCRETE MEDIAN BARRIER DESIGN 8337 LF 825 9.14 825 $7,540.50 121 ABANDON LIFT STATION LS 1 4750.00 1 $4,750.00 122 REMOVE PUMPHOUSE LS 1 6500.00 1 $6,500.00 123 REMOVE FORCEMAIN PIPE LF 100 5.50 100 $550.00 124 REMOVE SANITARY SEWER PIPE LF 420 5.50 570 $3,135.00 125 REMOVE SANITARY SEWER MANHOLE EA 1 575.00 3 $1,725.00 126 REMOVE CONCRETE CURB AND GUTTER LF 700 3.00 480 $1,440.00 127 REMOVE CONCRETE SIDEWALK SY 800 6.50 108 $702.00 128 REMOVE BITUMINOUS PAVEMENT SY 1300 2.50 1056 $2,640.00 129 SALVAGE AND REINSTALL GUARD RAIL LF 40 28.50 13 $370.50 130 CLEAR AND GRUB LS 1 4500.00 1 $4,500.00 131 12" RCP STORM SEWER LF 20 28.50 $0.00 132 SALVAGE AND REINSTALL CONCRETE PIPE LF 40 20.50 54 $1,107.00 133 CONNECT TO EXISTING CBMH EA 1 450.00 $0.00 134 12" PVC SANITARY SEWER, SDR 26,20'-30' DEEP LF 170 55.44 182 $10,090.08 135 12" PVC SANITARY SEWER, SDR 26, 30'-35' DEEP LF 70 55.44 70 $3,880.80 136 15" PVC SANITARY SEWER, SDR 26, 0'-10' DEEP LF 95 28.64 128 $3,665.92 137 15" PVC SANITARY SEWER, SDR 35,10'-20- 5,10'-20'DEEP DEEP LF 1100 28.64 1020 $29,212.80 138 15" PVC SANITARY SEWER, SDR 26, 10'-20' DEEP LF 600 50.88 626 $31,850.88 139 15" PVC SANITARY SEWER, SDR 26, 20'-30' DEEP LF 1350 50.88 1343 $68,331.84 140 15" PVC SANITARY SEWER, SDR 26, 30'-32' DEEP LF 275 50.88 268 $13,635.84 141 REALIGN 8" SANITARY SEWER LF 40 67.50 $0.00 142 12" SANITARY SEWER, JACKED LF 175 194.92 175 $34,111.00 143 15" SANITARY SEWER, JACKED LF 410 210.06 365 $76,671.90 144 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 3500 0.01 35 $0.35 145 CONSTRUCT MANHOLE OVER EXISTING PIPE EA 1 3400.94 1 $3,400.94 146 4' DIAMETER SANITARY MANHOLES EA 15 1737.04 15 $26,055.60 147 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 192 96.78 161 $15,581.58 148 8" DIP OUTSIDE DROP INLET PIPE LF 40 175.00 38 $6,650.00 149 8" DIP SANITARY SEWER LF 40 32.07 40 $1,282.80 150 CONNECT TO EXISTING SANITARY SEWER PIPE EA 1 1500.00 1 $1,500.00 151 BULKHEAD EXISTING SANITARY SEWER EA 4 350.00 1 $350.00 152 8" PVC SANITARY SEWER, SDR 35,10'-20' DEEP LF 30 18.82 15 $282.30 153 RESTRICTED TRENCH LF 1600 8.00 1600 $12,800.00 154 B618 CONCRETE CURB AND GUTTER LF 30 12.90 21 $270.90 53201102REO11 53201102REQ11 Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date 155 BITUMINOUS DRIVEWAY PATCH SY 100 20.58 80 $1,646.40 156 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR AC 4 946.00 4 $3,784.00 157 CLOSED CIRCUIT TV INSPECTION LF 4175 0.55 3986 $2,192.30 Total Part 6 - Trunk Sanitary Sewer: $443,490.48 Part 7 - Larpenteur Lift Station Elimination: 158 ABANDON LIFT STATION LS 1 4750.00 1 $4,750.00 159 MOBILIZATION LS 1 3500.00 1 $3,500.00 160 SILT FENCE, REGULAR LF 300 2.25 76 $171.00 161 REMOVE CONCRETE CURB AND GUTTER LF 325 3.50 487 $1,704.50 162 REMOVE CONCRETE SIDEWALK SY 10 7.00 $0.00 163 REMOVE BITUMINOUS PAVEMENT SY 275 5.00 646 $3,230.00 164 CLEAR AND GRUB TREE 4 350.00 3 $1,050.00 165 REMOVE 8" SANITARY SEWER PIPE LF 30 5.00 $0.00 166 BULKHEAD EXISTING SANITARY SEWER EA 3 350.00 1 $350.00 167 CONNECT TO EXISTING MANHOLE EA 3 750.00 3 $2,250.00 168 CONNECT TO EXISTING SANITARY SEWER 8" PVC PIPE EA 1 450.00 1 $450.00 169 RESTRICTED TRENCH LF 200 8.00 175 $1,400.00 170 8" PVC SANITARY SEWER, SDR 35, 10'-20' DEEP LF 365 21.61 381 $8,233.41 171 4' DIAMETER SANITARY MANHOLES EA 1 1637.00 1 $1,637.00 172 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 3 96.78 2 $193.56 173 8" DIP OUTSIDE DROP INLET PIPE LF 8 165.00 8 $1,320.00 174 8" DIP SANITARY SEWER LF 20 29.21 20 $584.20 175 COMMON EXCAVATION (P) CY 175 12.50 175 $2,187.50 176 AGGREGATE BASE, CLASS 5, 100% CRUSHED CY 100 23.50 121 $2,843.50 177 BITUMINOUS MATERIAL FOR TACK COAT GAL 25 1.94 75 $145.50 178 BITUMINOUS BASE COURSE, TYPE 31B TN 40 75.75 122 $9,241.50 179 BITUMINOUS WEAR COURSE, TYPE 41 B TN 30 86.00 87 $7,482.00 180 8612 CONCRETE CURB AND GUTTER LF 325 12.90 433 $5,585.70 181 5" CONCRETE SIDEWALK SY 10 33.98 $0.00 182 RECONSTRUCT INVERT EA 1 250.00 2 $500.00 183 WOOD FIBER BLANKET SY 350 1.77 $0.00 184 SODDING, LAWN TYPE SY 650 1.82 855 $1,556.10 185 CLOSED CIRCUIT TV INSPECTION LF 390 0.55 $0.00 Total Part 7 - Larpenteur Lift Station Elimination: $60,365.47 Alternate No. 1 - Water Main Jacking at Broadway: 186 WATER MAIN TRENCH LF 190 10.00 190 $1,900.00 187 PIPE BEDDING LF 190 2.15 190 $408.50 188 MECHANICAL TRENCH COMPACTION LF 190 1.50 190 $285.00 189 8" WATER MAIN, JACKED LF 190 155.88 190 $29,617.20 190 SODDING, LAWN TYPE SY 450 4.23 $0.00 Total Alternate No. 1 - Water Main Jacking at Broadway: $32,210.70 Alternate No. 2 - Install New 8" Water Main on Roselawn, Walnut St. to T.H. 280: 191 WATER MAIN TRENCH LF 190 10.00 190 $1,900.00 192 PIPE BEDDING LF 190 2.15 190 $408.50 193 MECHANICAL TRENCH COMPACTION LF 190 1.50 190 $285.00 194 COMMON EXCAVATION (P) CY 165 8.50 165 $1,402.50 195 RECLAIM BITUMINOUS PAVEMENT SY 255 1.85 260 $481.00 196 REMOVE CONCRETE CURB AND GUTTER LF 190 3.00 $0.00 197 BITUMINOUS BASE COURSE, TYPE 31B TN 50 59.13 84 $4,966.92 198 BITUMINOUS WEAR COURSE, TYPE 41 B TN 30 75.25 60 $4,515.00 199 BITUMINOUS MATERIAL FOR TACK COAT GAL 20 2.12 105 $222.60 200 AGGREGATE BASE, CLASS 5 (CV) CY 95 23.00 87 $2,001.00 201 4" SOLID LINE, WHITE EPDXY LF 190 10.75 $0.00 202 SODDING, LAWN TYPE SY 65 4.23 $0.00 203 8618 CONCRETE CURB AND GUTTER LF 190 12.90 $0.00 Total Alternate No. 2 - Install New 8" Water Main on Roselawn, Walnut St. to T.H. 280: $16,182.52 53201102REQ11 No. Item Unit Change Order Number 1 1 1 REMOVE SANITARY SEWER MANHOLE EA 2 SANITARY SEWER REPAIR LF 3 4' DIAMETER SANITARY MANHOLES EA 4 4' DIAMETER SANITARY MANHOLE 1 _ _ $2,500.00 OVERDEPTH LF 5 8" PVC SANITARY SEWER, SDR 35,10- - 20' DEEP LF 6 CONNECT TO EXISTING SEWER SERVICE EA 7 4" PVC, SDR 26 SERVICE PIPE LF 8 8" X 4" PVC WYE EA 9 CONNECT TO EXISTING MANHOLE EA Total Change Order No. 1 Contract Unit Quantity Amount Quantity Price to Date to Date 1 475.00 20 -125.00 1 1484.65 1 90.30 505 19.19 13 125.00 390 11.98 13 53.83 1 2500.00 Total Part 1 - Streets: Total Part 2 - Alley Improvements: Total Part 3 - Storm Sewer: Total Part 4 - Sanitary Sewer: Total Part 5 - Water Main: Total Part 6 - Trunk Sanitary Sewer: Total Part 7 - Larpenteur Lift Station Elimination: Total Alternate No. 1 - Water Main Jacking at Broadway: Total Alternate No. 2 - Install New 8" Water Main on Roselawn, Walnut St. to T.H. 280: Total Change Order No. 1 Total Work Completed To Date 53201102REQ11 1 $475.00 $0.00 1 $1,484.65 1 $90.30 505 $9,690.95 13 $1,625.00 390 $4,672.20 13 $699.79 1 _ _ $2,500.00 $21,237.89 $499,953.43 $49,544.51 $106,000.00 $179,406.19 $133,612.77 $443,490.48 $60,365.47 $32,210.70 $16,182.52 $21,237.89 $1,542,003.96 PROJECT PAYMENT STATUS OWNER CITY OF LAUDERDALE BRA FILE NO. 532-01-102 CONTRACTOR NORTHDALE CONSTRUCTION COMPANY INC CHANGE ORDERS No. Date 1 8/3/2002 --r This Change Order provides for replace all sanitary sewer on Carl Street between MH -60 and Roselawn Avenue rather than repairing existing sewer. See Change Order. $18,737.89 .V- 2,184.36 VU111PIUMU 43,687.17 2 05/08/2002 06/03/02 147,063.72 9,924.55 198,491.08 Total Change Orders $18,737.89 PAYMENT SUMMARY No_ Frnm Tn 1 04/09/2002 05/07/02 - -J - - - 41,502.81 .V- 2,184.36 VU111PIUMU 43,687.17 2 05/08/2002 06/03/02 147,063.72 9,924.55 198,491.08 3 06/04/2002 06/27/02 133,075.07 16,928.51 338,570.11 4 06/28/2002 08/01/02 148,649.50 24,752.16 495,043.26 5 08/02/2002 08/29/02 263,629.56 38,627.40 772,548.06 6 08/30/2002 10/01/02 337,319.02 56,381.04 1,127,620.72 7 10/02/2002 11/05/02 290,594.70 71,675.49 1,433,509.87 8 11/06/2002 12/02/02 38,584.10 73,706.24 1,474,124.72 9 12/03/2002 01/16/03 73,706.24 1,474,124.72 10 01/17/2003 03/19/03 48,984.85 1,523,109.57 11 03/20/2003 05/02/03 18,894.39 1,542,003.96 Material on Hand Total Payment to Date $1,542,003.96 Original Contract $1,734,132.04 Retainage Pay No. 11 Change Orders $18,737.89 Total Amount Earned $1,542,003.96 Revised Contract $1,752,869.93 53201102REQ11 Bonestroo 0 Rosene Anderlik & Associates Engineers & Architects CTOR'S !A*IPY F® RD'rufe+ CONTRACTOR'S REQUEST FOR PAYMENT 2003 UTILITY AND STREET IMPROVEMENTS BRA FILE NO. 532-02-103 SUMMARY 1 Original Contract Amount 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: Approved by Owner: S M HENTGES AND SONS INC CITY OF LAUDERDALE Specified Contract Completion Date: Date: October 31, 2003 53202103REOI $ 1,696,724.39 $ 1,696,724.39 $ 77,417.35 $ 0.00 $ 77,417.35 $ 3,870.87 $ 73,546.48 $ 0.00 $ 0.00 $ 73.546.48 53202103REQ1 Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date PART 1 - STREETS: 1 MOBILIZATION LS 1 69081.09 0.5 $34,540.55 2 TRAFFIC CONTROL LS 1 7000.00 0.5 $3,500.00 3 SILT FENCE, REGULAR LF 400 1.50 $0.00 4 WOOD FIBER BLANKET SY 400 3.10 $0.00 5 HAY BALES EA 10 8.00 $0.00 6 SEEDING AC 0.3 3780.00 $0.00 7 RECLAIM BITUMINOUS PAVEMENT SY 22000 0.75 12000 $9,000.00 8 REMOVE BITUMINOUS PAVEMENT SY 1900 3.50 300 $1,050.00 9 REMOVE CONCRETE SIDEWALK SF 3450 0.40 400 $160.00 10 REMOVE CONCRETE CURB AND GUTTER LF 30 3.00 30 $90.00 11 REMOVE CONCRETE PAVEMENT SF 5400 0.50 1065 $532.50 12 REMOVE FENCE LF 550 2.00 $0.00 13 REMOVE CONCRETE STEP EA 60 50.00 $0.00 14 CLEAR AND GRUB TREE 22 200.00 8 $1,600.00 15 ADJUST MANHOLE CASTING EA 2 200.00 $0.00 16 ADJUST VALVE BOX EA 2 125.00 $0.00 17 COMMON EXCAVATION (P) CY 20875 8.19 200 $1,638.00 18 EXCAVATION - TRAIL LF 130 12.00 $0.00 19 SELECT GRANULAR BORROW (CV) CY 8500 11.65 $0.00 20 SUBGRADE EXCAVATION (EV) CY 1000 7.25 $0.00 21 GEOTEXTILE FABRIC, TYPE IV SY 26500 1.00 $0.00 22 4" PERFORATED POLYETHYLENE PIPE LF 1600 3.75 $0.00 23 CONNECT DRAIN TILE TO STRUCTURE EA 32 50.00 $0.00 24 AGGREGATE BASE, CLASS 5 (CV) CY 6400 18.00 $0.00 25 AGGREGATE BASE, CLASS 5 - TRAIL (CV) CY 45 21.25 $0.00 26 BITUMINOUS MATERIAL FOR TACK COAT GAL 1250 1.50 $0.00 27 BITUMINOUS BASE COURSE TYPE 31 TN 2800 32.50 $0.00 28 BITUMINOUS WEAR COURSE TYPE 41 TN 2100 35.50 $0.00 29 BITUMINOUS WEAR COURSE TYPE 41A - TRAIL TN 20 62.00 $0.00 30 BITUMINOUS PATCHING SY 740 44.75 $0.00 31 BITUMINOUS DRIVEWAY PATCHING SY 770 21.50 $0.00 32 8618 CONCRETE CURB AND GUTTER LF 13125 7.60 $0.00 33 CONCRETE STREET PATCHING , SF 150 11.80 $0.00 34 T' CONCRETE DRIVEWAY PAVEMENT SF 9400 5.20 $0.00 35 CONCRETE STEP EA 60 170.00 $0.00 36 4" CONCRETE SIDEWALK SF 3450 3.25 $0.00 37 PEDESTRIAN CURB RAMP EA 3 200.00 $0.00 38 SODDING, LAWN TYPE SY 15000 1.80 $0.00 39 STREET NAME SIGN (2 BLADES), INCL POST AND HARDWARE EA 8 230.00 $0.00 40 Ditching LF 360 10.00 $0.00 Total PART 1 - STREETS: $52,111.05 PART 2 - ALLEY IMPROVEMENTS: 41 REMOVE BITUMINOUS PAVEMENT SY 40 5.00 $0.00 42 REMOVE CONCRETE PAVEMENT SF 30 0.75 $0.00 43 CLEAR AND GRUB LS 1 1000.00 0.5 $500.00 44 COMMON EXCAVATION (EV) CY 1500 10.00 $0.00 45 MOTOR GRADER WITH OPERATOR HR 50 100.00 $0.00 46 FRONT END LOADER WITH OPERATOR HR 20 105.00 $0.00 47 SKIDSTEER (BOBCAT) WITH OPERATOR HR 85 82.00 $0.00 48 AGGREGATE BASE, CLASS 5 TN 1500 10.50 $0.00 49 BITUMINOUS MATERIAL FOR TACK COAT GAL 280 1.50 $0.00 50 BITUMINOUS BASE COURSE TYPE 31 TN 700 36.00 $0.00 51 BITUMINOUS WEAR COURSE TYPE 41 TN 530 38.50 $0.00 Total PART 2 - ALLEY IMPROVEMENTS: $500.00 PART 3 - STORM SEWER: 52 REMOVE MANHOLE EA 13 150.00 $0.00 53 REMOVE CATCH BASIN EA 6 150.00 $0.00 54 REMOVE REINFORCED CONCRETE PIPE (RCF LF 1100 7.00 20 $140.00 55 REMOVE CORRUGATED METAL PIPE (CMP) AND HDPE PIPE LF 2200 6.00 $0.00 56 BULKHEAD EXISTING STORM SEWER EA 2 75.00 $0.00 57 SALVAGE AND REINSTALL CONCRETE PIPE LF 14 22.00 $0.00 53202103REQ1 53202103REQ1 Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date 58 CLEAR AND GRUB LS 1 1100.00 0.5 $550.00 59 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 1000 0.01 $0.00 60 RESTRICTED TRENCH LF 282 10.00 $0.00 61 12" RCP STORM SEWER, CLASS 5 LF 1200 23.00 $0.00 62 15" RCP STORM SEWER, CLASS 5 LF 560 24.00 $0.00 63 18" RCP STORM SEWER, CLASS 5 LF 1430 26.00 $0.00 64 21" RCP STORM SEWER, CLASS 5 LF 535 30.00 $0.00 65 30" RCP STORM SEWER, CLASS 4 LF 300 47.80 20 $956.00 66 12" RCP FLARED END SECTION, INCL TRASH GUARD EA 1 752.00 $0.00 67 18" RCP FLARED END SECTION, INCL TRASH GUARD EA 1 1025.00 $0.00 68 CLASS III RANDOM RIPRAP CY 12 75.00 $0.00 69 2'X 3' CATCH BASIN EA 9 1112.00 $0.00 70 SHALLOW CATCH BASIN EA 3 1024.00 $0.00 71 6' DIA STORM SEWER CBMH, INC 2' SUMP, R- 4342 CSTG EA 1 3825.00 $0.00 72 5' DIA STORM SEWER MH, INCL R -1642-B CSTG AND CONC ADJ RINGS EA 1 2769.00 $0.00 73 5' DIA STORM SEWER CBMH, INC R -3067-V, CSTG AND CONC ADJ RINGS EA 1 2629.00 $0.00 74 4' DIA STORM SEWER MH, INC 2' SUMP, R- 1642 -B CSTG EA 1 1928.00 $0.00 75 4' DIA STORM SEWER MH, INCL R -1642-B. CSTG EA 3 1788.00 $0.00 76 4' DIA STORM SEWER CBMH, INC R -3067-V, CSTG AND CONC ADJ RINGS EA 27 1788.00 $0.00 77 4' DIAMETER STRUCTURE OVERDEPTH LF 2 79.00 2.7 $213.30 78 CONSTRUCT MH OVER EXISTING PIPE EA 2 750.00 1 $750.00 79 CONNECT TO EXISTING STORM SEWER SERVICE EA 3 500.00 $0.00 80 CONNECT TO EXISTING CBMH EA 1 600.00 $0.00 Total PART 3 - STORM SEWER: $2,609.30 PART 4 - SANITARY SEWER: 81 BYPASS PUMPING LS 1 3500.00 $0.00 82 REMOVE MANHOLE EA 13 150.00 1 $150.00 83 REMOVE LIFT STATION LS 1 5000.00 $0.00 84 REMOVE SANITARY SEWER PIPE LF 3510 0.01 150 $1.50 85 REMOVE FORCEMAIN PIPE LF 2880 6.00 $0.00 86 REMOVE SANITARY SEWER SERVICE PIPE LF 4050 1.00 $0.00 87 BULKHEAD EXISTING SANITARY SEWER EA 1 75.00 $0.00 88 ABANDON MANHOLE EA 1 175.00 $0.00 89 CLEAR AND GRUB LS 1 1100.00 $0.00 90 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 1500 0.01 $0.00 91 4' DIAMETER SANITARY MANHOLES (10' DEEF EA 12 1859.00 $0.00 92 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 17.8 78.00 $0.00 93 8" PVC SANITARY SEWER, SDR 35, 0'-10' DEEP LF 437 20.50 30 $615.00 94 8" PVC SANITARY SEWER, SDR 35,10'-12' DEEP LF 849 22.50 51 $1,147.50 95 8" PVC SANITARY SEWER, SDR 35,12'-14' DEEP LF 1192 24.50 114 $2,793.00 96 8" PVC SANITARY SEWER, SDR 35,14'-16' DEEP LF 585 26.50 $0.00 97 8" PVC SANITARY SEWER, SDR 35,16'-18' DEEP LF 420 32.50 $0.00 98 8" PVC SANITARY SEWER, SDR 35,18'-20- 5,18'-20'DEEP DEEP LF 235 42.50 $0.00 99 CORE DRILL CONNECTION TO EXISTING MANHOLE EA 2 900.00 2 $1,800.00 100 CONNECT TO EXISTING SANITARY SEWER 8" VCP PIPE EA 3 430.00 1 $430.00 101 CONSTRUCT MANHOLE OVER EXISTING PIPE EA 3 2169.00 $0.00 53202103REQ1 53202103REOI Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date 102 8" DIP OUTSIDE DROP INLET PIPE LF 8.9 378.00 $0.00 103 8" DIP SANITARY SEWER LF 40 24.00 $0.00 104 CLOSED CIRCUIT TV INSPECTION LF 3758 0.70 $0.00 105 8" X 4" PVC WYE, SDR 26 EA . 123 39.00 4 $156.00 106 8" X 6" PVC WYE, SDR 26 EA 4 51.00 1 $51.00 107 8" X 8" PVC WYE, SDR 26 EA 1 105.00 1 $105.00 108 RECONSTRUCT INVERT EA 2 300.00 2 $600.00 109 4" PVC, SDR 26 SERVICE PIPE LF 4000 12.00 $0.00 110 6" PVC, SDR 26 SERVICE PIPE LF 70 13.00 $0.00 111 4" PVC, SDR 26 RISER PIPE LF 150 12.00 17 $204.00 112 6" PVC, SDR 26 RISER PIPE LF 10 13.00 $0.00 113 CONNECT TO EXISTING SEWER SERVICE EA 125 155.00 $0.00 114 INSULATION, 3" THICK SY 7 13.50 $0.00 Total PART 4 - SANITARY SEWER: $8,053.00 PART 5 - WATER MAIN: 115 REMOVE HYDRANT EA 7 275.00 1 $275.00 116 REMOVE GATE VALVE AND BOX EA 7 100.00 1 $100.00 117 REMOVE WATER MAIN LF 6000 5.00 8 $40.00 118 WATER MAIN TRENCH LF 5575 8.00 10 $80.00 119 WATER SERVICE TRENCH LF 4450 10.00 $0.00 120 MECHANICAL TRENCH COMPACTION LF 10025 1.00 10 $10.00 121 PIPE BEDDING LF 5575 2.00 10 $20.00 122 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 2500 0.01 $0.00 123 BACK HOE WITH OPERATOR HR 10 150.00 $0.00 124 INSULATION, 3" THICK SY 7 4.50 $0.00 Total PART 5 - WATER MAIN: $525.00 PART 6 - WARMING HOUSE DRIVE AND PARKING AREA: 125 MOBILIZATION LS 1 500.00 $0.00 126 SEEDING AC 0.1 5100.00 $0.00 127 COMMON EXCAVATION (EV) CY 25 15.00 $0.00 128 15" RCP CULVERT, CLASS 5 LF 40 26.00 $0.00 129 15" RCP FLARED END SECTION, INCL TRASH GUARD EA 2 621.00 $0.00 130 AGGREGATE BASE, CLASS 5 TN 80 11.00 $0.00 131 BITUMINOUS MATERIAL FOR TACK COAT GAL 20 1.50 $0.00 132 BITUMINOUS BASE COURSE TYPE 31 TN 45 36.00 $0.00 133 BITUMINOUS WEAR COURSE TYPE 41 TN 33 38.50 $0.00 Total PART 6 - WARMING HOUSE DRIVE AND PARKING AREA: $0.00 ALTERNATE NO. 1 - NATURE AREA DRAINAGE IMPROVEMENTS: 134 MOBILIZATION LS 1 2000.00 0.9 $1,800.00 135 CLEAR AND GRUB TREE 15 200.00 9 $1,800.00 136 WOOD FIBER BLANKET SY 400 3.10 $0.00 137 REMOVE STORM SEWER PIPE LF 60 10.00 68 $680.00 138 REMOVE CONCRETE SLAB AND HEADWALL LS 1 700.00 $0.00 139 REMOVE AND REPLACE FENCE LF 50 7.00 $0.00 140 COMMON EXCAVATION LS 1 1000.00 1 $1,000.00 141 COMMON BORROW (LV) CY 30 3.00 $0.00 142 TOPSOIL BORROW (LV) CY 16 15.00 $0.00 143 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 71 4.00 $0.00 144 RESTRICTED TRENCH LF 71 15.00 $0.00 145 CONNECT TO EXISTING STORM MANHOLE EA 1 750.00 1 $750.00 146 18" HDPE STORM SEWER LF 53 33.00 69 $2,277.00 147 18" RCP STORM SEWER, CLASS 5 LF 8 40.00 18 $720.00 148 18" RCP FLARED END SECTION, INCL TRASH GUARD EA 1 1064.00 1 $1,064.00 149 CLASS III GROUTED RIPRAP CY 18 90.00 18 $1,620.00 150 4' DIA STORM SEWER MH. INCL R -1642-B CSTG AND CONC ADJ RINGS EA 1 1908.00 1 $1,908.00 Total ALTERNATE NO. 1 - NATURE AREA DRAINAGE IMPROVEMENTS: $13,619.00 53202103REOI No. Item Contract Unit Unit Quantity Price Total PART 1 - STREETS: Total PART 2 - ALLEY IMPROVEMENTS: Total PART 3 - STORM SEWER: Total PART 4 - SANITARY SEWER: Total PART 5 - WATER MAIN: Total PART 6 - WARMING HOUSE DRIVE AND PARKING AREA: Total ALTERNATE NO. 1 - NATURE AREA DRAINAGE IMPROVEMENTS: Total Work Completed To Date 53202103REOI Quantity Amount to Date to Date $52,111.05 $500.00 $2,609.30 $8,053.00 $525.00 $0.00 $13,619.00 $77,417.35 PROJECT PAYMENT STATUS OWNER CITY OF LAUDERDALE BRA FILE NO. 532-02-103 CONTRACTOR S M HENTGES AND SONS INC CHANGE ORDERS NO, Uate Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 04/01/2003 1 05/02/03 73,546.48 3,870.87 77,417.35 Material on Hand Total Payment to Date $73,546.48 Ori inal Contract $1,696,724.39 Retainage Pay No. 1 3,870.87 Chan e Orders Total Amount Earned $77,417.35 Revised Contract $1,696,724.39 53202103REQ1 Memosbyjames Date: May 13, 2003 To: Honorable Mayor and Council From: James Bownik, A2CA 90 Re: Front Yard and Side Yard Variance Application for 1771 Eustis Street BACKGROUND PROPOSAL: Request for a 13 foot variance to the front yard setback requirement - to go from 30 feet to 17 feet from the east property line, and a two foot variance to the side yard setback requirement - to go from 5 feet to 3 feet for the construction of an open deck. The property in question is zoned R-1 Residential. APPLICANT, PROPERTY OWNER, AND LOCATION: Calvin C. Coleman, Jr. 1771 Eustis Street Lauderdale, MN 55113 VARIANCE REQUEST AND SITE PLAN The open deck would replace a dilapidated structure that included steps and a landing (including an overhead roof) to the front door of the house. This structure, which has already been demolished, had previously encroached five feet into the front yard setback - but not into the side yard setback. Without the former landing area (which was demolished), the principal building now complies with the current setback regulations for the front yard and the side yard. However, the applicant is requesting to encroach into the front yard setback by 13 feet - going from 30 feet to 17 feet from the front property line, and the side yard setback by two feet - going from 5 feet to three feet. This property currently has access from the alley as well as from Eustis Street. A two car attached garage exists in the rear yard and is accessed from the alley. However, a driveway also exists in the front yard from Eustis Street that leads to the front of the house. The deck encroachment of 13 feet into the front yard setback would result in a need to remove the driveway access from Eustis Street because it would no longer be in compliance with the driveway length requirements. Section 9-10-6-C of the City Code (Driveway Length) states that "All street -accessed driveways shall provide access for vehicles to a parking space, carport, garage, dwelling or other structure in the side or rear of the property. Driveways existing on the date of the adoption of this Ordinance need not be directed to the side or rear of the property, but parking shall not be allowed in the public right of way." A driveway length of 20 feet is needed to keep vehicles from being parked in the public right away. The encroachment of the deck would leave the driveway length at only 17 feet. I have discussed this issue with the applicant,"and advised him that if the variance request is approved, the driveway would need to be removed and the curb -cut replaced with barrier curbing. The applicant stated that they were agreeable to this and would remove the driveway. Exhibit A - Original variance application, site plan, and survey. Exhibit B - Table of Land and Yard Requirements and Zoning Ordinance Section 10-8-3: Projections. Exhibit C - City Code Chapter 10: Driveway Requirements. POLICIES AND PROCEDURES FOR VARIANCE APPROVAL In reviewing this variance request, the Council should consider the Zoning Ordinance requirements as well as relevant State Statutes. The following should be considered: • Chapter 3 of the Zoning Ordinance defines variances as follows: "The Board shall hear requests for variances from the literal provisions of this Title in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Title. The Board of Appeals and Adjustments may not permit as a variance any use that is not permitted under this Title for property in the zone where the affected person's land is located." • According to State Statute 462.357, Subd. 6, the following regulations apply to variances: The board of appeals and adjustments has the following powers with respect to the zoning ordinance: "To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue Hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not' constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems." PLANNING COMMISSION ACTION The Planning Commission did not meet to discuss the variance request due to the lack of a quorum. Instead, this action item was placed directly on the council agenda per Title 2-1-10-4:K of the current Zoning Ordinance. The Planning Commission received the information packet and have been invited and encouraged to attend the council meeting in order to provide input to the Council. PUBLIC HEARING FOR THE VARIANCE REQUEST On May 2, 2003 property owners adjacent to this property were sent notice of tonight's public hearing. CITY COUNCIL ACTION REQUESTED Approve or deny the variance request, attaching any conditions deemed necessary for approval. If the variance is approved, the driveway from Eustis Street would be removed and the existing curb -cut replaced with barrier curbing. Exhibit A Variance Application, Site Plan, and Survey for 1771 Eustis Street City of Lauderdale 1891 Walnut Street • Lauderdale • Minnesota 55113 Phone: 651.631.0300 Fax: 651.631.2066 ZONING APPLICATION Type of Request Amount Variance $ 75 Zoning Amendment $100 Conditional Use $165 PUD N/A Other i -a' Name of Applicant C. F'N , o I M(2) (\j Address ' + I c, City State m/\j Zip 3 Address of Property 1 i L a s -k (if different than above) szQ� Day Phone j -V4u- �S"1Z Evening Pheone (o5L Z30-0 12 ?-Fax (DS (DLAq1_�S -72. Please describe why you are applying for this application t � S--tE p -S 4- (c dul Lqwt2 Koo 0 `tb Owe kl-uni" d oa p {'tons _ c vn c� a e. u>;e_i 1 d o �C�t� -t,.0 Acx/nC1C"A. tye,n -i c�Ic_�-vrl�, how APIZo�L, f3~I�i 4y V c�n,ucnrn - Applicant's Signature Date (ErTfifirair af 04urv" ; ? Job Number: -7 ,, ' From the office of GEORGI- SCHMIDT & ASSOC. INC. 3092 No. Lexington Ave., Roseville, Mn. 55113 LAND SURVEYING 483-4408 I Hereby Certify that this plat shows a survey made by me of the property described on this plat, and that the corners are correctly placed as shown, and that all locations have been correctly shown. Surveyed For Date -4 Scale -, I r kAl. 1 "i '�� By 1 Description: -4 T A 1f. 77 Wo for REGISTERED LAND SURVEYOR (0 � j Li Lj cc co _;F Q i ii Exhibit B Table of Land & Yard Requirements and Section on Projections 10-8-1 CHAPTER 8 LOT AND YARD REQUIREMENTS SECTION: 10-8-1: Minimum Requirements 10-8-2: Corner Lots 10-8-3: Projections 10-8-4: Nonconforming Lot 10-8-5: Nonresidential 10-8-6: Nonconforming Setback 10-8-7: Measurement 10-8-8: Table 10-8-4 10-8-1: MINIMUM REQUIREMENTS: The minimum lot area, minimum width of lot, minimum depth of front yard, rear yard, and minimum width of each side yard for each district shall be as shown in the table in Section 10-8-8 of this Chapter. (Zoning Ord. as amd.) 10-8-2: CORNER LOTS: Corner lots which abut on more than one street shall provide the required front yards along each street. Regardless of which street a building on the lot fronts, the rear yard is opposite the short street frontage, and the side yard is opposite the long street frontage. (Zoning Ord. as amd.) 10-8-3: PROJECTIONS: All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches carports, balconies, roof overhangs, or platforms above normal grade level, shall not project into any minimum front, side, or rear yard of any lot. (Zoning Ord. as amd.) 10-8-4: NONCONFORMING LOT: Any lot of record existing on the effective date of the Ordinance codified in this Title may be used for the erection of a building or structure conforming to the use City of Lauderdale 10-8-4 10-8-7 regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this Chapter. (Zoning Ord. as amd.) 10-8-5: NONRESIDENTIAL: Nonresidential buildings, structures or uses shall not be located or conducted closer to any lot line of any other lot in any residential district than the distance specified in the following schedule: Minimum Side Or Rear Yard Abutting Any Lot In Any Residential District Use 20 feet Off-street parking spaces and access_ drives for nonresidential uses. 40 feet Churches, schools and public or semi-public structures. 60 feet Recreation facilities, entertainment facilities, all business uses, and all industrial uses. (Zoning Ord. as amd.) 10-8-6: NONCONFORMING SETBACK: Where adjacent structures existing on the effective date of the Ordinance codified in this Title have front yard setback different from those required by Section 10-8-8 of this Chapter; the minimum front yard setback shall be the average of these existing structures. (Zoning Ord. as amd.) 10-8-7: MEASUREMENT: All front and side yards fronting a street shall be measured from the front or side property line beginning at the edge of the public right of way. (Zoning Ord. as amd.) City of Lauderdale 10-8-8 10-8-8: TABLE: iDM] (Zoning Ord. as amd.) City of Lauderdale LAND AND YARD REQUIREMENTS TABLE Lot Size Yard Setback Site Area Usable Per Maximum Open Area Width Front Rear Side Dwelling Coverage` Space District (sq. ft.) (ft.) (ft.) (ft.) (ft.) (sq. ft.) ( % ) ( % ) R-1 Suburban Residential "' Single Family Dwellings 7,500 60 30 20 5 7,500 "30 Two Family Dwellings 10,000 80 30 20 5 5,000 `"30 Other Uses 10,000 80 30 20 5 - - R-2 Urban Residential Single Family Dwellings 5,000 40 25 20 5 5,000 "30 Two Family Dwellings 7,500 60 25 20 5 3,750 "`30 - Townhouses 2,500 20 25 20 - 5,000 20 52 Multi Family Dwellings 7,500 60 25 20 10 1,875 28 44 Other Uses 10,000 75 25 20 10 - - - R-3 Multiple Residential Single Family Dwellings 5,000 40 20 20 10 5,000 "30 Two Family Dwellings 7,500 60 20 20 - 3,750 "`30 - Townhouses 2,500 20 20 20 - 5,000 20 52 Multi Family Dwellings 25,000 100 20 20 15 870 30 40 Other Uses 5,000 50 20 20 10 - - B-1 Community Business Multi Family Dwellings 5,000 50 15 1,675 28 44 Other Uses 5,000 50 15 - - - 1-1 Light Industrial All Uses 1 acre 150 30 30 20 C-1 Conservation All Uses 2 acres 300 50 30 30 Maximum coverage shall be the percentage of lot area enclosed by the exterior faces of the exterior walls. " Figure includes assumed garage coverage of 576 sq. ft. "• Figure includes assumed garage coverage of 1,252 sq. ft. (Zoning Ord. as amd.) City of Lauderdale Exhibit C Driveway Requirements CHAPTER 10 DRIVEWAY REQUIREMENTS SECTION: 9-10-1: Purpose 9-10-2: Scope 9-10-3: Driveway Permit Required 9-10-4: Application and Site Plan for Driveway Permit 9-10-5: Driveway Permit Fees 9-10-6: Driveway Construction Standards 9-10-7: Revocation of Permit 9-10-8: Enforcement 9-10-1: Purpose: The purpose of these requirements is to control the location and construction of driveways and curb cuts in order that traffic hazards be reduced and that adequate street drainage be maintained. 9-10-2.: Scope: These requirements shall apply to all new driveway construction and to repairs and changes to existing driveways. 9-10-3: Driveway Permit Required: No driveway shall be constructed or re constructed in any location without first obtaining a Driveway Permit. 9-10-4: Application and Site Plan for Driveway Permit: Any person desiring a Driveway Permit shall present a written application to the City Building Official describing the improvements to be made. This application shall be accompanied by a site plan drawn to scale showing the location of the driveway with respect to property lines, the width of the driveway, type of construction material used, driveway angle, distance between adjacent driveways, and, if applicable, the driveway's distance from a street intersection. 9-10-5: Driveway Permit Fees: The Driveway Permit fee shall be prescribed, from time to time, by City Council resolution on file with the City Administrator. 9-10-6: Driveway Construction Standards: A. Surface: All driveways shall be surfaced with one of the following materials: 1. Bituminous. A plant -mixed machine -laid bituminous material conforming to Minnesota Department of Transportation (MNDOT) Specification No. 2331, Mixed Designation 41WEA5055X, which have been approved by the City Engineer. However, should it subsequently become necessary to repair or replace such bituminous surfacing in the right of way area in whole or in part, the owner of property serviced by such bituminous driveway shall pay all costs of such repairs or replacements. 2. Concrete. Concrete specifications approved by the City Engineer may also be used for such driveway surfacing. However, should it subsequently become necessary to repair or replace such concrete surfacing in the right of way area in whole or in part, the owner of property serviced by such concrete driveway shall pay all costs of such repairs or replacements. 3. Gravel. Driveways existing on the date of the adoption of this Ordinance, may also be constructed of four inches (4") of crushed Class 5 limestone gravel compacted into place after initial excavation. Prior to placing gravel, the driveway shall be excavated to result in the final gravel surface matching the grade of the adjacent yard. B. Width: 1. Community Business (B-1), Neighborhood Business (B-2), and Industrial (I-1) Zones: Driveway widths, on site and at the curb cut, shall not exceed thirty-six feet (36'). 2. , Multiple Residential (R-3) Zones: Driveway widths, on site and at the curb cut, shall not exceed thirty feet (30'). 3. Suburban Residential (R-1) And Urban Residential (R-2) Zones: Driveway widths, on site and at the curb cut, shall not exceed twenty-four feet (24'). C. Driveway Length: All street -accessed driveways shall provide access for vehicles to a parking space, carport, garage, dwelling or other structure in the side or rear of the property. Driveways existing on the date of the adoption of this Ordinance need not be directed to the side or rear of the property, but parking shall not be allowed in the public right of way. D. Distance Between Driveways: The minimum distance between curbs of driveways shall be ten feet (10') in any R-2 and R-3 district, and twenty feet (20') in any B-1, B-2, and I-1 district. E. Distance From Intersection: No driveway or curb cut shall be less than twenty feet (20') from any street intersection, except that in Industrial (I-1) Zones, the minimum distance shall be fifty feet (50'). F. Driveway Angle: The minimum driveway angle from a two (2) way access -shall be ninety (90) degrees. The minimum driveway angle from a one-way street shall be thirty (30) degrees. G. Setback: Driveways in any R-2, R-3, B-1, B-2, and I-1 district, except driveways which are shared by two (2) or more adjacent property owners, shall not be located within five feet (5') of any side or rear lot line. In the R-1 district, there is no setback requirement for driveways from the side yard lot line, but no part of the driveway may encroach onto neighboring properties. H. Control Of Traffic: Where commercial land uses are adjacent to residential districts, driveways shall be located, whenever feasible, to reduce the amount of traffic entering residential areas. I. Street Access: For properties having frontage on two streets, access shall be provided via the street with the least traffic wherever feasible in order to reduce the number of curb cuts on more heavily traveled streets. J. State And County Highway Requirements: If the proposed driveway is to be constructed so that it opens onto any street designated as a State or County highway or street, all additional specifications of the appropriate highway departments will apply. The applicant must also obtain approval from these other applicable jurisdictions. K. Shared Driveways: If two (2) or more driveways are shared, the portion of the driveway on each property shall comply with maximum driveway width requirements. L. Licensed Contractor: All work done within the right of way of the street shall be done by a regularly licensed contractor under the supervision of the proper City employee. 9-10-7: Revocation of Permit: The permit issued may be revoked at any time after its issuance for failure to comply with the conditions of this section or the directions of the City relative to the work covered by the permit. 9-10-8: Enforcement: The enforcement of this ordinance will occur as the City progresses with its planned street and utility improvements and provides curb cuts throughout the City. These improvements are scheduled to begin in 2000. Lauderdale City Council Memorandum Council Meeting Date: May 13, 2003 To: Mayor and City Council From: Rick Getschow, City Administrator Agenda Item: Resolution 051303A: Resolution Authorizing Issuance for GO Improvement Bonds for the 2003 Improvements BACKGROUND: I have stated at recent Council meetings that we have been preparing for the potential issuance of debt financing for this last phase of the improvement projects. Through research and consultation with our financial advisor at Springsted and our bond counsel at Briggs and Morgan, the recommendation is to issue $990,000 in bonds for a portion of the 2003 Street and Utility Improvements that has a total estimated city cost of approximately $2,000,000. Included in the packet is the resolution approving the issuance of the bonds that has been prepared by city bond counsel. This resolution authorizes a bonding issuance and sets a sale date for the bonds. According to the resolution, the sale of the bonds will be set for the May 27`h Council meeting. The bond proceeds will then be available to the City in June. Our Springsted representative, John Sander, will be present at the meeting to discuss the bonding and other financial issues related to the project. Please contact me on Monday or Tuesday before the meeting with any questions regarding the financial information enclosed on this agenda item. ENCLOSURES: 1. Recommendations for City of Lauderdale Issuance of $990,000 of General Obligation Improvement Bonds, Series 2003A 2. Draft of the Bond Counsel Opinion on the Bond Issuance 3. Resolution 051303A: A Resolution Initiating the Process for the Sale of the City's General Obligation Improvement Bonds, Series 2003A COUNCIL ACTION REQUESTED: Approval of Resolution 051303A: A Resolution for the Issuance of General Obligation Improvement Bonds for the 2003 Street and Utility Improvements. Recommendations For City of Lauderdale, Minnesota $990,000 General Obligation Improvement Bonds, Series 2003A Presented to: Honorable Jeffrey E. Dains, Mayor Members, City Council Mr. Rick Getschow, City Administrator City of Lauderdale 1891 Walnut Street St. Paul, MN 55113-5137 Study No.: L1024G1 SPRINGSTED Incorporated April 30, 2003 f SPRINGSTED Public Finance Advisors RECOMMENDATIONS Re: Recommendations for the Issuance of $990,000 General Obligation Improvement Bonds, Series 2003A (the "Bonds" or the "Issue") We respectfully request your consideration of our recommendations for the above-named issue. Bond proceeds will be used to finance infrastructure improvements in various areas of the City. We recommend the following for the Bonds: 2. 3. 4. 5. Action Requested Sale Date and Time Authority for the Bonds To establish the date and time of receiving bids and establish the terms and conditions of the offering. Tuesday, May 27, 2003 at 10:30 A.M., with consideration for award by the City Council at 7:00 P.M. that same day. The Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 429. Repayment Term The Bonds will mature annually February 1, 2006 through 2015. Interest will be payable semi-annually each February 1 and August 1, commencing February 1, 2004. Security and Payment Cycle (a) Security The Bonds will be general obligations of the City, secured by its full faith and credit and taxing power. (b) Source of Payment The Bonds will be repaid from a combination of special assessments and ad valorem property taxes. (c) First Levy and Payment Cycle The City will make its first levy for the Bonds in 2003, for collection in 2004. Each year's first-half collection of assessments and taxes will be used to pay the interest payment due August 1 in the year of collection. Second -half collections of assessments and taxes plus surplus first- half collections will be used to pay the February 1 principal and interest payment due in the following year. Because the interest payment on February 1, 2004 will come due prior to receipt of any levy or assessment collections, the payment will be made with capitalized interest included in the principal amortization of the Bonds. City of Lauderdale, Minnesota April 30, 2003 6. Prepayment Provisions 7. 0 a The City may elect on February 1, 2011, and on any date thereafter, to prepay the Bonds due on or after February 1, 2012, at a price of par plus accrued interest. Term Bonds We have included a provision. that permits the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides large blocks of bonds, which are more attractive to bond funds, and certain pension funds, which deal only with large blocks of bonds. This in turn is a benefit to the City since selling larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bonds to the best bid regardless of whether term bonds are chosen or not. Credit Rating Comments An application will be made to Moody's Investors Service for a rating on the Bonds. The City's current general obligation credit rating is "Baa2". Federal Treasury Regulations Concerning Tax -Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax- exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified generally receive slightly lower interest rates than issues that are not bank qualified. Since the City expects to issue less than $10 million in tax exempt debt in 2003, this Issue is designated as bank qualified. Page 2 City of Lauderdale, Minnesota April 30, 2003 (b) Rebate Requirements All tax-exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate in both of these categories. There is an exemption from rebate for municipalities that issue $5 million or less of tax-exempt obligations in a calendar year. Since the City expects to issue no more than $5 million of tax- exempt obligations in 2003, the City qualifies as a "small issuer" and will be exempt from rebating excess earnings on bond proceeds to the federal government. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds and/or paying back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund during the preceding year or 1/12 the debt service of the preceding year. With improvement bonds, such as this Issue, additional diligence should be exercised in monitoring the debt service fund due to the potential accumulation of assessment prepayments which could cause the fund to become non -bona fide. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of the improvements exceeds 20 years. The average life of the Bonds is 7.247 years; therefore, the Issue is within the economic life requirements. Page 3 City of Lauderdale, Minnesota n April 30, 2003 (e) Federal Reimbursement Regulations 10. Continuing Disclosure 11. Attachments Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of Bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Bonds. Non -Bond funds can be used to repay expenditures made prior to receipt of Bond proceeds. Since the principal amount of the Bonds is less than one million, the Bonds are exempt from complying with the continuing disclosure requirements set forth by the Securities and Exchange Commission. However, the City will provide upon request certain financial information limited to that which the City customarily prepares and makes publicly available, as well as certain specified material events. • Sources and Uses of Funds • Assessment Income Schedule • Debt Service Schedule • Terms of Proposal Page 4 City of Lauderdale, Minnesota April 30, 2003 DISCUSSION Proceeds of the Bonds will be used to finance infrastructure improvement projects .in various areas of the City. The sources and uses of funds for the Bonds are shown on Page 6. The Bonds will be repaid from ad valorem property taxes and special assessments levied against benefited properties. Assessments in the aggregate amount of $340,000 will be filed on or about September 1, 2004. Assessments will be spread over a term of 10 years with even annual principal payments. Interest will be charged on the unpaid principal balance at a rate which is 2% over the rate on the Bonds, or approximately 6.50%. The effective rate on the Bonds is estimated to be approximately 4.46%. Our projection of assessment income is shown on Page 7. Our recommended principal structure for the Bonds is shown on Page 8. Debt service has been structured around the available annual assessment. income to result in even annual tax levy requirements. Page 8 shows the following information: • Columns 1 through 5 show the principal payment dates, annual principal, estimated interest rates and projected total principal and interest payments, given the current market environment. • Column 6 shows the capitalized interest used to make the February 1, 2004 interest payment. • Column 7 shows the net debt service requirements after taking into account the capitalized interest. • Column 8 shows the 5% overlevy which is required by State statutes and serves as a protection to bondholders and the City in the event of delinquencies in the collection of assessments or taxes. • Column 9 shows the total projected assessment income developed on Page 7. • Column 10 shows columns 9 less 8 and represents the projected annual shortfall of assessment income over the debt service requirement. Shortfalls in 2005 through 2015 are the amounts the City will need to levy to cover debt service payments on the Bonds. Based on projected assessment income, it is expected that the City will need to levy ad valorem taxes to pay debt service on the Bonds. The annual levy amount is estimated to average approximately $82,540. This amount may be reduced annually with City funds on hand that are available to pay debt service. Springsted is pleased to again be of service to the City of Lauderdale. :R;esectfully submitted, �PRINGSTED Incorporated Ilr Page 5 $990,000 City of Lauderdale, Minnesota General Obligation Improvement Bonds Series 2003A SOURCES & USES I Dated 06/01/2003 Delivered 06/01/2003 r SOURCES OF FUNDS Par Amount of Bonds. .................. ........................................................ $990,000.00 TOTALSOURCES .............................. ........ ........... I ........... ................... $990,000.00 USES OF FUNDS Deposit to Construction Fund................................................................ 931,743.33 Deposit to Capitalized Interest (CIF) Fund ............................................. 26,541.67 Costs of Issuance................................................................................. 20,825.00 Total Underwriter's Discount (1.100%) ................................................. 10,890.00 TOTALUSES........................................................................................ $990,000.00 Springsted Incorporated Advisors to the Public Sector File = LAUDER—I.SF-Series 2003A (EX I)- SINGLE PURPOSE 412312003 1:12 PM Page 6 SIGNIFICANT DATES FilingDate................................................................................................................................... 9/01/2004 FirstPayment Date..................................................................................................................... 12/31/2005 Springsted Incorporated File = LAUDER-1.SF-Estimated Projected Assessments for 2003 Projects- SINGLE PURPOSE Advisors to the Public Sector 4/23/2003 1:12 PM Page 7 $340,000 City of Lauderdale, Minnesota Estimated Assessments for 2003 Projects ASSESSMENT INCOME Date Principal Coupon Interest Total P+I 12/31/2004 - - - - 12/31/2005 34,000.00 6.500% 29,466.67 63,466.67 12/31/2006 34,000.00 6.500% 19,890.00 53,890.00 12/31/2007 34,000.00 6.500% 17,680.00 51,680.00 12/31/2008 34,000.00 6.500% 15,470.00 49,470.00 12/31/2009 34,000.00 6.500% 13,260.00 47,260.00 12/31/2010 34,000.00 6.500% 11,050.00 45,050.00 12/31/2011 34,000.00 6.500% 8,840.00 42,840.00 12/31/2012 34,000.00 6.500% 6,630.00 40,630.00 12/31/2013 34,000.00 6.500% 4,420.00 38,420.00 12/31/2014 34,000.00 6.500% 2,210.00 36,210.00 Total 340,000.00 - 128,916.67 468,916.67 SIGNIFICANT DATES FilingDate................................................................................................................................... 9/01/2004 FirstPayment Date..................................................................................................................... 12/31/2005 Springsted Incorporated File = LAUDER-1.SF-Estimated Projected Assessments for 2003 Projects- SINGLE PURPOSE Advisors to the Public Sector 4/23/2003 1:12 PM Page 7 $990,000 City of Lauderdale, Minnesota General Obligation Improvement Bonds Series 2003A NET DEBT SERVICE SCHEDULE AllInclusive Cost (AIC).......................................................................................................................... 4,61ZZ30s1° IRS FORM 8038 NetInterest Cost................................................................................................................................... 4.3074797% WeightedAverage Maturity................................................................................................................... 7.247 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriters discount bid may also vary. Springsted Incorporated Advisors to the Public Sector File = LAUDER-1.SF--Series 2003A (0(1)- SINGLE PURPOSE 423/2003 1:12 PM Page 8 Capitalized Annual Date Principal Coupon Interest Total P+I Interest Fund Net New D/S 105% of Total Assessments Srpls/(Deficit) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 2/01/2004 - 26,541.67 26,541.67 (26,541.67) - - - - 2/01/2005 - - 39,812.50 39,812.50 - 39,812.50 41,803.13 - (41,803.13) 2/01/2006 100,000.00 2.600% 39,812.50 139,812.50 - 139,812.50 146,803.13 63,466.67 (83,336.46) 2/01/2007 95,000.00 3.000% 37,212.50 132,212.50 - 132,212.50 138,823.13 53,890.00 (84,933.13) 2/01/2008 95,000.00 3.400% 34,362.50 129,362.50 - 129,362.50 135,830.63 51,680.00 (84,150.63) 2/01/2009 95,000.00 3.850% 31,132.50 126,132.50. - 126,132.50 132,439.13 49,470.00 (82,969.13) 2/01/2010 95,000.00 4.100% 27,475.00 122,475.00 - 122,475.00 128,598.75 47,260.00 (81,338.75) 2/01/2011 100,000.00 4.350% 23,580.00 123,580.00 - 123,580.00 129,759.00 45,050.00 (84,709.00) 2/01/2012 100,000.00 4.500% 19,230.00 119,230.00 - 119,230.00 125,191.50 42,840.00 (82,351.50) 2/01/2013 100,000.00 4.650% 14,730.00 114,730.00 - 114,730.00 120,466.50 40,630.00 (79,836.50) 2/01/2014 105,000.00 4.750% 10,080.00 115,080.00 - 115,080.00 120,834.00 38,420.00 (82,414.00) 2/01/2015 105,000.00 4.850% 5,092.50 110,092.50 - 110,092.50 115,597.13 36,210.00 (79,387.13) Total 990,000.00 - 309,061.67 1,299,061.67 (26,541.67) 1,272,520.00 1,336,146.00 468,916.67 (867,229.33) SIGNIFICANT DATES Dated..................................................................................................................................................... 6/01/2003 DeliveryDate......................................................................................................................................... 6/01/2003 FirstCoupon Date................................................................................................................................. 2/01/2004 YIELD STATISTICS BondYear Dollars................................................................................................................................. $7,175.00 AverageLife.......................................................................................................................................... 7.247 Years AverageCoupon................................................................................................................................... 4.3074797% NetInterest Cost (NIC).......................................................:.................................................................. 4.4592567% TrueInterest Cost (TIC) ........................................................................................................................ 4.4567475% Bond Yield for Arbitrage Purposes........................................................................................................ 4.2748255% AllInclusive Cost (AIC).......................................................................................................................... 4,61ZZ30s1° IRS FORM 8038 NetInterest Cost................................................................................................................................... 4.3074797% WeightedAverage Maturity................................................................................................................... 7.247 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriters discount bid may also vary. Springsted Incorporated Advisors to the Public Sector File = LAUDER-1.SF--Series 2003A (0(1)- SINGLE PURPOSE 423/2003 1:12 PM Page 8 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $990,000 CITY OF LAUDERDALE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, May 27, 2003, until 10:30 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. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless in which the manner of the Proposal is submitted. DETAILS OF THE BONDS The Bonds will be dated June 1, 2003, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2004. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $100,000 2009 $ 95,000 2012 $100,000 2014 $105,000 2007 $ 95,000 2010 $ 95,000 2013 $100,000 2015 $105,000 2008 $ 95,000 2011 $100,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the. name of Cede & Co. as nominee of The Depository Trust Company ("DTC'), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2011, and on any day thereafter, to prepay Bonds due on or after February 1, 2012. 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. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments from benefited properties. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $979,110 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $9,900, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. Page 10 AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non -substantive. informalities of any proposal or. of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal that the City determines to have failed to comply with the terms herein. 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 through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, 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 that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has 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. CONTINUING DISCLOSURE Participating underwriters need not comply with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1034 (the "Rule"), because the offering is in a principal amount less than $1,000,000. The City will enter into a Continuing Disclosure Certificate pursuant to which it will covenant to provide upon request certain financial information or operating data that is customarily prepared ' and is publicly available and notices of certain material events to the limited extent required by SEC Rule 15c2 -12(d)(2). The Continuing Disclosure Certificate will be set forth in the Official Statement. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh. Place, Suite 100, Saint Paul, Minnesota 55101,. telephone (651) 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 Page 11 underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 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 delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 13, 2003 BY ORDER OF THE CITY COUNCIL /s/ Rick Getschow Clerk Page 12 PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING 332 MINNESOTA STREET SAINT PAUL. MINNESOTA 55101 TELEPHONE (651) 223-6600 FACSIMLE (651) 223-6<150 $990,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A CITY OF LAUDERDALE RAMSEY COUNTY, MINNESOTA WRITERS DIRECT DIAL WRITERS E-J1AIL We have acted as bond counsel in connection with the issuance by the City of Lauderdale, Ramsey County, Minnesota (the "City"), of its $990,000 General Obligation Improvement Bonds, Series 2003A, bearing June 1, 2003, as. the date of their original issue (the 'Bonds"). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our opinion that: (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the State of Minnesota now in force. (2) The Bonds are valid and binding general obligations of the City and all of the taxable property within the City is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of revenues for the payment of the principal thereof and interest 1525272vl MINNEAPOLIS OFFICER IDS CENTER® \V\V\V.BRIGGS.COM MEMBER - LEX MUNDI, A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRiMS °BRIGGS -ND MORGAN thereon are subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. (3) At the time of the issuance and delivery of the Bonds to the original purchaser thereof, the interest on the Bonds is excluded from gross income for United States income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for State of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; provided, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the City comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross and taxable net income retroactive to the date of issuance of the Bonds. We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Dated at Saint Paul, Minnesota, this day of June, 2003. Professional Association tszsanvr CONTINUING DISCLOSURE UNDERTAKING This Continuing Disclosure Undertaking (the "Undertaking") is executed and delivered by the City of Lauderdale, Minnesota (the "City"), in connection with and on the date of actual issuance and delivery of the City's $990,000 General Obligation Improvement Bonds, Series 2003A, dated June 1, 2003 (the "Bonds"). The Bonds are being issued pursuant to a certain Resolution adopted by the City Council, the governing body of the City, on May 27, 2003 (the "Resolution"). The City hereby covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Undertaking. This Undertaking is being executed and delivered by the City and the City hereby covenants for the benefit of the Bondholders to provide such information and to discharge such other disclosure or reporting obligations as may be required by the applicable provisions of SEC Rule 15c2 -12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used but not otherwise defined in this Undertaking, the following capitalized terms shall have the following meanings: "Audited Financial Statements" means the financial statements of the City audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as modified,by governmental accounting standards promulgated by the Government Accounting Standards Board. "Bondholders" means the owners from time to time of the Bonds, including beneficial owners. "Dissemination Agent" means such party from time to time designated in writing by the City to act as information dissemination agent and which has filed with the City a written acceptance of such designation. "Fiscal Year" means the fiscal year of the City, currently the calendar year. "MSRB" means the Municipal Securities Rulemaking Board, located at 1150 18th Street Northwest, Suite 400, Washington, D.C. 20036. "National Repository" means any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. Currently, the following are National Repositories: Bloomberg Municipal Repository 100 Business Park Drive Skillman, NJ 08558 Phone: (609) 279-3225 Fax: (609) 279-5962 E -Mail: Munis@Bloomberg.com DPC Data Inc. One Executive Drive Fort Lee, NJ 07204 Phone: (201) 346-0701 Fax: (201) 945-0107 E -Mail: Nrmsir@dpcdata.com FT Interactive Data Attn: NRMSIR 100 William Street New York, NY 10038 Phone: (212) 771-6899 Fax: (212) 771-7390 E -Mail: NRMSIR@FTID.com Standard & Poor's J.J. Kenny Repository Attn: Repository Services 55 Water Street - 45`h Floor New York, NY 10041 Phone: (212) 438-4595 Fax: (212) 438-3975 E -Mail: nrmsir—repository@sandp.com "Occurrence(s)" means any of the events listed in Section 4 of this Undertaking. "Repository" means each National Repository and each State Depository. 1525411v1 "Rule" means Rule 15c2 -12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time and made applicable to the Bonds, and as may be officially interpreted by the Securities and Exchange Commission. "State" means the State of Minnesota. "State Depository" means any public or private repository or entity designated by the State as a state depository for the purpose of the Rule. As of the date hereof, there is no State Depository in Minnesota. SECTION 3. Provision of Information. A. Upon request of any person, the City shall provide, or shall cause the Dissemination Agent to provide, the City's Audited Financial Statements for the most recent Fiscal Year, which is the only financial information or operating data which is customarily prepared by the City and publicly available. Requests for information shall be sent to the attention of the City Administrator, Lauderdale City Hall, 1891 Walnut Street, Lauderdale, Minnesota 55113-5137, telephone number 651-631-0300. B. Upon establishment of a State Depository, the City may elect, in lieu of complying with the provisions of paragraph A above, to provide, as soon as available but in any event within 3 65 days after the end of its Fiscal Year, its audited Financial Statements to the State Depository. SECTION 4. Reporting of Significant Events. The City shall notify each Repository of any of the following Occurrences with respect to the Bonds, if material: (1) Principal and interest payment delinquencies. (2) Non-payment related defaults. (3) Unscheduled draws on debt service reserves reflecting financial difficulties. (4) Unscheduled draws on credit enhancements reflecting financial difficulties. (5) Substitution of credit or liquidity providers or their failure to perform. (6) Adverse tax opinions or events affecting the tax-exempt status of the Bonds. (7) Modifications to rights of Bondholders. (8) Bond calls. (9) Defeasances. (10) Release, substitution or sale of property securing repayment of the Bonds. (11) Rating changes. SECTION 5. Termination of Reporting Obli ag tion. The City's obligations under this Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. SECTION 6. Dissemination Agent, The City may from time to time appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Undertaking, and the City may discharge any such Agent, with or without appointing a successor Dissemination Agent. 1525411 v1 SECTION 7. Amendment; Waiver. Notwithstanding any other provision of this Undertaking, the City may amend this Undertaking, and any provision of this Undertaking may be waived, if (a) a change in law or in the ordinary business or operation of the City has occurred, (b) such amendment or waiver, in the opinion of counsel expert in federal securities laws, would not, by itself or in combination with any other such amendments or waivers, cause the undertakings herein to violate the Rule if such amendments or waivers had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule, and (c) such amendment or waiver, in the opinion of counsel expert in federal securities laws, would not materially impair the interests of Bondholders. SECTION 8. Additional Information. Nothing in this Undertaking shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth herein or any other means of communication, or including any other information in any report or notice of an Occurrence, in addition to that which is required hereby. If the City chooses to include any information in any report or notice of Occurrence in addition to that which is specifically required hereby, the City shall have no obligation hereunder to update such information or include it in any future report or notice of Occurrence. SECTION 9. Default. In the event of a failure of the City to provide information required by this Undertaking, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply herewith. A default under this Undertaking shall not be deemed a default or breach of covenant under the Bonds or the Resolution, and the sole remedy hereunder for any such breach shall be an action to compel performance. SECTION 10. Beneficiaries. This Undertaking shall inure solely to the benefit of the City and the Bondholders and shall create no rights in any other person or entity. SECTION 11. Reserved Rights. The City reserves the rights (a) to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful and (b) to modify the City's obligations under this Undertaking if such modification is required by the Rule or by a court of competent jurisdiction. SECTION 12. Prior Compliance. The City has complied with all of its prior undertakings made pursuant to the Rule. Dated as of 2003 1525411vI CITY OF LAUDERDALE, MINNESOTA By Its Mayor By Its City Administrator EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF LAUDERDALE, MINNESOTA Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Lauderdale, Minnesota, was duly called and held at the Lauderdale City Hall on May 13, 2003, commencing at 7:30 P.M., C.T. The following Councilmembers were present: and the following were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 051303A RESOLUTION INITIATING THE PROCESS FOR THE SALE OF THE CITY'S GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A BE IT RESOLVED by the City Council of the City of Lauderdale, Minnesota, as follows: 1. It is hereby determined: (a) The City has undertaken or will undertake and has duly ordered the making of the following assessable public improvements (the "Improvements") pursuant to the applicable provisions of Minnesota Statutes, Chapter 429: 2003 Street and Utility Improvement Project: Construction, Engineering And Contingency (Net of Available Other Funds) $931,743 Capitalized Interest 26,542 Discount 10,890 Issuance Costs 20,825 Total $990,000 (b) It would be advantageous for the City to issue its General Obligation Improvement Bonds, Series 2003A (the "Bonds"), to provide financing for the Improvements. iszs26aN1 (c) The City has retained Springsted Incorporated, in Saint Paul, Minnesota, as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9). 2. The terms and conditions of the Bonds and the sale thereof are set forth in the "Terms of Proposal" presented to the City by Springsted, and the Council shall meet at the time and place specified therein for the purposes of considering the bids for the purchase of the Bonds and considering the award of the sale of the Bonds. I CERTIFY THAT the above resolution was adopted by the City Council of Lauderdale this 13th day of May, 2003. (ATTEST) (SEAL) The motion Councilmember _ favor thereof. Jeff Dains, Mayor Rick Getschow, City Administrator for the adoption of the foregoing resolution was duly seconded by and upon a vote being taken thereon, the following voted in and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 15252680 City Administrator's Certificate I, the undersigned, being the duly qualified and acting City Administrator of the City of Lauderdale, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a frill, true and complete excerpt of the official minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the sale of the City's General Obligation Improvement Bonds, Series 2003A. WITNESS my hand as such City Administrator and the official seal of the City this day of , 2003. City Administrator (SEAL) I52�268vI M E M O S B Y J A M E S DATE: May 13, 2003 TO: Honorable Mayor and Council FROM: James Bownik, A2CA 1st Quarter 2003 Financial and Investment Report go There have been no unusual expenditures or revenues so far this year. This quarterly report reflects an accurate financial picture of the City's expenditures and revenues. Combined Funds 101 — 601 Revenues $263,284 $1,734,227 15% $325,834 $1,645,849 20% Expenditures $576,986 $1,840,718 31% $740,600 $1,958,767 38% The above table gives an overall picture of the City's finances compared to last year. General Fund 101 Revenues Property Tax 307 366,898 0% 23,613 396,971 6% Licenses & Permits 2,976 8,480 35% 3,407 8,280 41% Intergovernmental 0 423,687 0% 120 422,213 0% Public Safety 9,457 32,468 29% 10,282 33,100 31% Charges for Services 16,210 810 2001% 15,797 310 5096% Interest 2,518 12,000 21% 190 12,000 2% Miscellaneous 2,800 0 +% 4,181 0 +% Transfers 0 0 NA% 0 0 NA% Total $34,268 $844,343 4% $ 57,590 $872,874 7% Property taxes are mostly received in June and November. License and permit fees are slightly ahead of last year's pace. Intergovernmental revenue mostly consists of local government aid and fiscal disparities received from the State in July and December. Public Safety revenue includes court fines ($9,564) and false fire alarm invoice fees ($718). Charges for services produced the most revenue through the first quarter due to the third of five annual bond fee payments ($15,030) from the Children's Home Society. Miscellaneous revenues include reimbursement from Falcon Heights for street lighting improvements on Fulham Street ($3,502) and a workers' comp audit refund ($608). General Fund 101 Expenditures General Government 38,613 189,713 20% 36,254 191,234 19% Public Safety 83,771 277,272 30% 85189 286,948 30% Public Works 29,858 100,363 30% 28,437 97,319 29% Park & Recreation 14,930 53,804 28% 17,656 54,857 32% Contingency 0 10,000 0% 0 10,000 0% Transfers 0 185,000 0% 0 185,000 0% Total $167,172 $816,152 20% $167,536 $825,358 20% General fund expenditures are pretty much on par with the first quarter of last year. 46% of this year's general fund expenditures can be attributed to police services ($77,067). Special Revenue Funds 201 - 204 201 Community Events 216 2,275 9% 409 2,075 20% 202 Cable T.V. 4,466 10,100 44% 3,759 12,100 31% 203 Recycling 2,782 33,667 8% 2,514 35,048 7% Total $7,464 $46,042 16% $6,682 $49,223 14% 201 Community Events 863 1,850 47% 746 2,050 36% 202 Cable T.V. 2,140 14,380 15% 6,242 15,703 40% 203 Recycling 10,804 37,600 29% 7,904 39,109 20% Total $13,807 $53,830 26% $14,892 $56,862 26% 201 Community Events: The revenue is mostly from Snow*Commotion ($179) and donations for Day in the Park ($230). The expenditures were mostly for Snow*Commotion ($639). 202 Cable TV: The revenue is mostly from franchise fees ($3,759). An annual contribution to the North Suburban Cable Commission of $3,797 was made, as well as payment for technical services ($1,113). 203 Recycling: The revenue is mostly from a Ramsey County SCORE Grant ($2,306). BFI has been paid $7,188 through the first quarter. TIF Debt Service Fund 301 Revenues $0 $172,500 0% $1,396 $155,000 1% Expenditures $136,230 $204,460 67% $137,730 $141,755 97% The City made it's second to last TIF Bond principal and interest payment in January. The revenue will come with the tax settlement twice per year. ''00 Debt Service Fund 302 Revenues $376 $112,224 0% $10,823 $77,224 14% Expenditures $25,748 $51,495 50% $100,710 $124,665 81% Revenue is from assessment payments for the 2000 street project via property taxes. The expenditure is from a general obligation bond principal and interest payment in January. '02 Debt Service Fund 303 Revenues $0 $0 NA% $0 $25,000 0% Expenditures $0 $0 NA% $32,134 $57,175 56% The City made its first interest payment on the 2002 street/utility bonds in January. Capital Improvement Funds 401 - 412 401 Street Improve 1,502 75,000 2% 0 75,000 0% 402 General Improve 142 56,000 0% 0 1,000 0% 403 Storm Water Imp 12,130 99,218 12% 11,127 94,500 12% 404 Park Imp 301 22,000 1 % 0 2,000 0% 405 TIF Project 0 60,000 0% 0 0 NA% 407 Sanitary Sewer 679 16,500 4% 0 16,500 0% 409 Water Imp Fund 1,971 7,700 26% 1,940 7,700 25% 410'00 St/Util imp Fund 521 0 +% 0 0 NA% 411 '01 St/Util Imp Fund 149,330 0 +% 4,044 0 +% 412'02 St/Util Imp Fund 0 0 NA% 176,452 38,000 464% 413'03 St/Util Imp Fund 0 0 NA% 0 0 NA% Total $ 166,576 $336,418 50% $193,563 $234,700 82% 401 Street Improve 0 60,000 0% 32,705 60,000 55% 402 General Improve 4,207 31,000 14% 0 1,000 0% 403 Storm Water Imp 5,601 61,139 9% 11,160 72,514 15% 404 Park Imp 0 0 NA% 0 0 NA% 405 TIF Project 2,644 70,045 4% 2,211 8,449 26% 407 Sanitary Sewer 0 10,000 0% 0 10,000 0% 409 Water Imp Fund 0 0 NA% 0 0 NA% 410'00 St/Util Imp Fund 2,449 0 +% 0 0 NA% 411 '01 St/Util Imp Fund 101,829 256,000 40% 2,142 0 +% 412'02 St/Util Imp Fund 58,883 0 +% 152,207 370,000 41% 413'03 St/Util Imp Fund 0 0 NA% 41,727 0 +% Total $175,613 $488,184 36% $242,152 $521,963 46% Revenue for funds 401-409 is from storm sewer fees and water surcharge fees. Expenses for funds 401-409 are mostly attributed to a final bill for Larpenteur Avenue reconstruction ($31,516) and the new storm water permit requirements ($5,740). Revenue for Fund 411 is from special assessments. Revenue for Fund 412 is from grant monies. Fund 411 expenditures were $578 for street repair and $1,565 for engineering. Fund 412 expenditures were $123,416 for street repair and $28,791 for engineering. Fund 413 expenditures were mostly for engineering ($40,737). Sewer Utility Fund 601 Revenue $54,600 $222,700 25% $55,780 $231,828 24% Expenditures $58,416 $226,597 26% $45,446 $230,989 20% Fund 601 revenues and expenditures are about what was expected thus far in 2003. INVESTMENTS The following is a comparison of the amount of funds the City has invested for the past 3 years: March `01: $2,852,559 March `02: $2,205,172 March `03: $2,206,154 The City's investments as of March 31, 2003 are attached for your review. 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