HomeMy WebLinkAbout09/08/1981 TENTATIVE AGENDA
ADJ.REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 8, 1981
Mayor Harbeck presiding
1] Roll Call at 6 : 30 P.M.
2] 6: 30 P.M. Work session with Finance Director
3 ] Assessment Agreement between City and County
4 ] Temporary 3 . 2 Beer License for Shakopee Jaycees
5] Res . No. 1904, Requesting the Metro Waste Control Commission Sell
the Scottland Property It now Ownes
6] Res . No. 1905 , Adopting Assessments for 80-4 CR-16 Utilities
7 ] Res . No. 1906, Final Approval of $1 , 100,000 IR Bonds for Valley
Industrial Center II Project
8] 8: 30 P.M. PUBLIC HEARING - Proposed assessments on Holmes Street
Reconstruction Project (storm sewer) - assessments previously
appealed [complete original appraisal on file w/City Assessor]
a] Open public hearing
b] Final assessment hearing summary report by City Engineer
c] Comments from audience and Councilmembers
d] Close public hearing
e] Adopt assessments - Res . No. 1907
9] Proposed 1982 Budget
10] Other Business :
a]
b]
c ]
11 ] Adjourn to Tuesday, September 15th at 7 : 30 P.M.
John K. Anderson
City Administrator
ASSESSMENT AGREEMENT
BETWEEN CITY OF SHAKOPEE AND COUNTY OF SCOTT
THIS AGREEMENT is made and entered into by and between the City
of Shakopee and the County of Scott , State of Minnesota, this
day of , 19
WHEREAS , the City of Shakopee wishes to enter into an agreement
with the County of Scott to provide for the assessment of the pro-
perty in said City by the County Assessor; and
WHEREAS , it is the wish of said County to cooperate with said
City to provide for a fair and equitable assessment of property;
NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL CONVENANTS HEREIN
CONTAINED IT IS AGREED AS FOLLOWS :
1 . That the City of Shakopee which lies within the County of
Scott and constitutes a separate district , shall have its property
assessed by the County Assessor of Scott County, for the assessment
of the years 1982-1986.
2 . That the County Assessor of Scott County assign a knowledge-
able assessor with industrial/commercial experience to provide the
Shakopee assessment , said assessment to be reviewed by the Chief
Deputy Assessor who coordinates all industrial/commercial assessments .
3 . That the County Assessor assigned to Shakopee be available
during normal working hours to respond to Shakopee citizens ' requests
for assessing information and requests for assessment data from the
City of Shakopee .
4. That Scott County assumes any financial penalty, including
loss of State Aid, that is imposed by the State because the Shakopee
assessments do not meet the co-efficient of dispersion standards set
by the State .
5 . That the City of Shakopee will continue to conduct a Board
of Review, and will have the option of using the County Attorney or
the City Attorney for tax appeals .
6. That in consideration for said assessment services , the
City of Shakopee hereby agrees to pay the County of Scott the sum
of $3 . 50 per parcel , and that said sum shall not be increased by
more than 10% in any one year beginning with the 1982 assessment .
Such payment to be made to the County Treasurer on or before
July 15 , 1982 .
7 . That termination of this agreement shall be by 120 days
written notice from either party with actual termination following
the completion of the current assessment year on July 15th.
IN WITNESS WHEREOF, the parties have executed this agreement
this day of , 19
In Presence Of : For City of Shakopee
Signed:
By
Attest
In Presence Of : For County of Scott
Signed:
By
Attest
MEMO TO: John K. Anderson, City Administra=or
FROM: Judith S. Cox, City Clerk
RE: Application for Temporary Beer License
DATE: September 4, 1981
INTRODUCTION
I have received an application from the Shakopee Jaycees for
a temporary 3. 2 beer license for the weekend of September 12 & 13.
I am in receipt of a certificate of insurance in the proper
amount and the appropriate surety bond.
RECOMMSNDED ACTION
Approve the application and grant a temporary On Sale 3. 2 Beer
License to the Shakopee Jaycees for Tahpah Park Ball Fields for
the weekend of Septemberl2/13 , 1981 .
jc
s
RESOLUTION NO. 1904
A RESOLUTION REQUESTING THAT THE METROPOLITAN WASTE CONTROL
COMMISSION (MWCC) SELL SITE #31 , 'IHE SCOTTLAND PROPERTY,
IT NOW OWNS IN THE CITY OF SHAKOPEE
WHEREAS, the Metropolitan Waste Control Commission purchased
the Scottland Site to use as a sludge storage and land spreading
site , and
WHEREAS, the need for a publicly owned sludge storage and
land spreading site has been eliminated with the success of recent
agronomic land spreading of sludge on private farm lands and the
shift to incineration which requires sludge ash landfill sites , and
WHEREAS, the Metropolitan Council ' s Sludge Ash Landfill Siting
process has recognized this switch to incineration by placing its
emphasis on sludge ash landfill site selection to the exclusion of
any systemic effort for finding a sludge land spreading site except
the Scottland property , with consideration of that site continuing
only because of its public ownership by MWCC, and
WHEREAS, the Scottland Site will not serve as a satisfactory
back up or emergency sludge land spreading site because current
State legislation only permits sludge land spreading on the site
at agronomic rates for a maximum of 4 years , and then only after
the proper sludge land spreading permits have been acquiredrom
the Minnesota Pollution Control. Agency, and
WHEREAS , it is the desire of the City of Shakopee to have
the Scottland Site ' s 535 . 63 acres returned to the tax rolls .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA
1 . That the Metropolitan Waste Control Commission sell the
535 . 63 acre Scottland Site in the manner outlined in H.F. 64
introduced in the 1981 Legeslative Session by Representative Tom
Rees , and
2 . That the Metropolitan Waste Control Commission formally
notify the Metropolitan Council of its decision to sell the site
and request that the site be removed from the Council ' s Sludge
Ash Landfill Siting Process .
Adopted in session of the City Council of
the City of Shakopee , Minnesota, held this day of
, 1981 .
Mayor of the City of Shakopee
ATTEST :
City Clerk
Approved as to form this !�
day of , 1981 .
City Attorney
MEMO TO: John Anderson
City Administrator
FROM: H. R. Spurrier
City Engineer !
RE: County Road 16 Utilties I ;rovement No. 1980-4
DATE: September 4 , 1981
Introduction:
On September 1, 1981 City Council held the hearing for the above-referenced
improvement and directed staff to prepare the appropriate resolution
adopting the assessments.
Background:
Attached is Resolution No. 1905, A Resolution Adopting the Assesment for
the County Road 16 Utilities Project. The assessments have been computed
in accordance with direction of City Council, September 1, 1981.
Recommendation:
It is the recommendation of City staff that Council adopt Resolution No.
1905, A Resolution Adopting Assessments 80-4 Public Improvement Program
County Road 16 Utilites.
HRS/jiw
Attachment
RESOLUTION NO. 1905
A Resolution Adopting Assessments
80-1 Public Improvement Program
County Road 16 Utilities
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council of the City of Shakopee met and heard and passed upon all
objections to the proposed assessments of:
County Road 16 East of County Road 17 and West of
the west line of Section 5 and 8, Township 115,
Range 22, by watermain and sanitary sewer
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1. That such proposed assessment together with any amendments thereof,
a copy of which is attached hereto and made a part hereof, is hereby accepted
and shall constitute the special assessment against the lands named therein
and each tract therein included is hereby found to be benefitted by the
proposed improvements in the amount of the assessments levied against it.
2. Such assessments shall be payable in equal annual installments
extending over a period of ten (10) years, the first installment to be
payable on or before the first Monday in January, 1982, and shall bear
interest at the rate of 11.75 percent per annum from the date of the adoption
of this assessment resolution. To the first installment shall be added the
interest on the entire assessment from the date of this resolution until
December 31, 1982 and to each subsequent installment when due shall be
added the interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole of
the assessment on such property, with interest accrued to the date of
payment, to the City Treasurer, except that no interest shall be charged
if the entire assessment is paid within thirty (30) days from the adoption
of this resolution; he may thereafter pay to the County Treasurer the
installment and interest in process of collection on the current tax list,
and he may pay the remaining principal balance of the assessment to the
City Treasurer.
Resolution No. 1905 Page -2-
4. The Clerk shall file the assessment rolls pertaining to this
assessment in his office and shall certify annually to the County Auditor
on or before October 10th of each year the total amount of installments
and interest which are to become due in the following year on the assess-
ment on each parcel of land included in the assessment roll.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of , 1981.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of , 1981.
City Attorney
47
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• September 3, 1981 C
COUNTY ROAD 16 UTILITIES
IMPROVEMENT PROJECT NO. 1980-4
ASSESSMENT CALCULATIONS
W/12" Watermain W/8" Equiv. Watermain
Construction Contract $167,410.30 $148,725.05
10% Construction Contingency 16,741.00 14,872.50
Technical Services 29,180.70 29,180.70
Improvement District Costs 16,857.00 11,718.69
Right-of-way Acquisition 13,800.00 13,800.00
Trunk Water Assessment 18,2o4_Z5 18,204.75
Total Assessment $262,193.75 $236,501.69
Less Trunk Water Assessment 18,204.75 18,204.75
TOTAL $243,989.00 $218,296.94
SANITARY SEWER
Total Sewer Cost x Total Assessable Cost = $ 93,242.50 x $218,296.44 = $136,860.28
Total Cost $148,725.05
Trunk Cost:
Oversizing 10" PVC to 12" PVC for 12' - 14' deep -
Material $ 1.35
Labor .90
Rock Excavation 1.06
Total $ 3.31
Oversizing 10" PVC to 12" PVC for 14' - 16' deep -
Material $ 1.35
Labor .98
Rock Excavation 1.23
Total $ 3.56
Oversizing Description Quantity Unit Price Total
10" to 12" PVC 12' - 14' deep 526 L.F. $ 3.31 $ 1,741.06
10" to 12" PVC 14' - 16' deep 235 L.F. 3.56 836.60
Total Bid Cost $ 2,577.66
10% Construction Contingency 257.77
Subtotal $ 2,835.43
25% Improvement Dist. Cost 708.86
Total Trunk Cost $ 3,544.29
Total Assessable Sewer Cost $136,860.28
Less Trunk Cost 3,544.29
Lateral Cost $133,315.99
Lateral Assessment for Sanitary Sewer:
Lateral Cost _ $133,315.99 = $33.96586/Front Foot
Front Footage 3,925 F.F.
Area Trunk Assessment for Sanitary Sewer:
Trunk Cost $3,544.29
-
$82.61748/Acre
Trunk Area 42.90 Ac.
County Road 16 Utilities September 3, 1981 1
Assessment Computations Page -2-
WATERMAIN
Total Assessable Cost - Assessable Sewer Cost = Assessable Water Cost
$218,296.94 - $136,860.28 = $81,436.66
Lateral Assessment for Watermain:
Assessable Watermain Cost _ $81,436.66 _
Front Footage - 3,745 F.F. - $21.74544/Front Foot
Area Trunk Assessment for Watermain:
Trunk Charge x Trunk Area = $435/Acre x 41.85 acres = $18,204.75
Watermain Oversizing:
2450 L.F. 12" D.I.P @ $12.15/L.F. = $29,767.00
2450 L.F. 8" D.I.P @ $6.99/L.F. = 17,125.50
$12,641.50
2300 lbs. 12" Cast Iron Fittings
@ $1/1b. = 2,300.00
1250 lbs. 8" Cast Iron Fittings
@ $1/1b. = 1,250.00
1,050.00
6 - 12" G.V. & Box @ $635.00/Ea. = S 3,610.00
6 - 8 " G.V. & Box @ $410.00/Ea. = 2,460.00
1,350.00
1500 C.Y. Rock Excavation for 12" Pipe
@ $13.25/C.Y. = $19,875.00
1225 C.Y. Rock Excavation for 8" Pipe
@ $13.25/C.Y. = 16,231.25
3,643.75
TOTAL DIFFERENCE $18,685.25
Total 12" Watermain $ 63,908.30
Less 8" Difference 18,685.25
Total 8" Equiv. Watermain $ 45,223.05
Total 8" Watermain $ 45,223.05
Total Sanitary Sewer 90,305.00
Total Restoration 13,197.00
Total Const. Cont. w/8" WM $148,725.05
Assessment Calculations
Project Assessment with 8 inch Equivalent Watermain:
Construction Cost (8 inch WM Equiv. & Sewer) $148,725.05
Add-on Cost (incl. contingencies) 69,571.89
Project Total $218,296.94
Trunk Water Costs - Area Trunk Charge
(41.85 Ac. @ $435/Ac. ) $18,204.75 18,204.75
12" Trunk Pipe Cost $108,094-1-47 07,/'2g. 7
8" Lateral Pipe Cost - 81,436.66
Balance (Trunk portion this project ) ! Z a5 6?R.Oho .__.pp 4
389. QC, R lug a��,cu,
Future Trunk Cost Allocated to this Proj . - 8,453.06 - 8,453.06 ,Q,302. 20L
TOTAL ASSESSMENT COST $236,501.69
•
0 Law Offices of
KRASS, MEYER & KANNING
Chartered Phillip R. Kress
Shakopee Professional Building September 4, 1 981 Barry K. Meyer
1221 Fourth Avenue East Philip T.Kenning
Shakopee, Minnesota 55379 Trevor R. Walston
i (612)445-5080
Mr. John Anderson RECEIV
City Administrator
129 East First Avenue SEP 8 1981
Shakopee, Minnesota 55379
Re: Commercial Development Revenue Note CITY OF SHAKOPEE
(Valley Industrial Center 2 Project)
Dear John:
I have received Jerry Gilligan's September 3, 1981 , letter and accompanying
Commercial Development Revenue Note for Valley Industrial Center 2.
I have reviewed the Note and found it contains the appropriate modifications
including those mentioned in my last letter. I would therefore advise the
City Council that the documents are entirely in order for their consideration
of this Resolution on September 8th.
Thank you.
Yours very truly,
KRASS, MEYER & KANNING CHARTERED
Phillip R, Krass
PRK:sm
cc: Judy Cox, City Clerk
Jerome P, Gilligan
NOTE : Corrected page 16 attached . Okayed by Mr. Krass . Judy (1)(11-----/
7
balance , prepayment price or interest and for all other
purposes , and all such payments so made to the Holder or
upon its order shall be valid and effectual to satisfy and
discharge the liability upon this Note to the extent of
the sum or sums so paid , and the City shall not be
affected by any notice to the contrary.
5. 06 . Delivery and Use of Proceeds . Prior to
delivery of the Note , the documents referred to below
shall be completed and executed in form and substance as
approved by the City Attorney. The City shall execute and
deliver to the Lender the Note in the total principal
amount of up to $1 , 100, 000, together with the following :
( a) a duly certified copy of this Resolution;
( b) original , executed counterparts of the Loan
Agreement, Financing Statement and the Pledge
Agreement; and
( c) such closing certificates, opinions and
related documents as are required by bond counsel .
Upon delivery of the Note and the above items to
the Lender , the Lender shall , on behalf of the City, disburse
to the Partnership or to its order the proceeds of the Note in
reimbursement of Project Costs pursuant to the provisions
of the Loan Agreement, and the proceeds so disbursed shall
be deemed to have been disbursed for the benefit of the
City. The Lender and the Partnership shall provide the
City with a full accounting of all funds disbursed for
Project Costs.
Section 6 . Limitations of the City' s
Obligations . Notwithstanding anything contained in the
Note , the Loan Agreement, the Pledge Agreement, or any
other documents referred to in Section 3. 03 , the Note
shall not be payable from nor charged upon any funds of
the City other than the revenue under the Loan Agreement
pledged to the payment thereof, nor shall the City be
subject to any liability thereon. No Holder or Holders of
the Note shall ever have the right to compel may exercise
of the taxing power of the City to pay the Note or the
interest or any premium thereon, nor to enforce payment
thereof against any property of the City other than the
revenue under the Loan Agreement pledged for the payment
thereof. The Note shall not constitute a charge , lien, or
encumbrance , legal or equitable , upon any property of the
City. The Note , including interest and premium, if any,
thereon, is payable solely from the revenue under the Loan
-16-
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION RELATING TO A $1 , 100 , 000
COMMERCIAL DEVELOPMENT REVENUE NOTE (VALLEY
INDUSTRIAL CENTER 2 PROJECT) ; AUTHORIZING
THE ISSUANCE THEREOF PURSUANT TO MINNESOTA
STATUTES, CHAPTER 474
BE IT RESOLVED by the City Council of the City of
Shakopee , Minnesota as follows :
Section 1 . Definitions
1. 01. In this Resolution the following terms ,
when used with initial capital letters, have the following
respective meanings unless the context hereof or use
herein clearly requires otherwise :
Act : the Minnesota Municipal Industrial
Development Act, Minnesota Statutes , Chapter 474 , as
amended;
Assignment: the Assignment of Rents and Leases,
to be given by the Partnership in favor of the Lender ;
City: the City of Shakopee, Minnesota, its
successors and assigns;
Commitment: the Lender ' s Commitment , as set
forth in the letter of Allianz Investment Corporation
to John Brooks Hauser , dated July 21 , 1981
(Allianz/NALAC Commitment No. 9464 ) , as amended by
letters dated July 28 , 1981 , August 5, 1981 and
August 19 , 1981 , from Allianz Investment Corporation;
Financing Statement: the Uniform Commercial Code
Financing Statement to be executed by the City with
respect to the Pledge Agreement;
Fixtures : those items described as such in
Section 1-1 of the Mortgage;
Holder : the registered holder of the Note ;
Improvements: an office/warehouse facility
containing approximately 62 , 612 square feet; •
Land: the real estate described in Exhibit A to
the Mortgage;
Lender : North American Life and Casualty
Company, a Minnesota corporation, its successors and
assigns ;
Loan Agreement: the Loan Agreement to be
executed by the City and the Partnership;
Mortgage: the Combination Mortgage, Security
Agreement and Fixture Financing Statement , to be given
by the Partnership in favor of the Lender ;
Note: the $1,100, 000 Commercial Development
Revenue Note (Valley Industrial Center 2 Project) to
be issued by the City pursuant to this Resolution;
Partnership: Valley Industrial Center 2 , a
Minnesota general partnership, its successors and
assigns;
Pledge Agreement: the Pledge Agreement to be
executed by the City and the Lender ;
Project: the Land , the Improvements and the
Fixtures as they may at any time exist;
Project Costs: those costs defined as such in
Section 1. 01 of the Loan Agreement;
Resolution: this resolution of the City, adopted
September 8 , 1981 , authorizing the issuance of the
Note .
Section 2 . Findings. It is hereby found and
declared that:
(a) the real property and improvements described
in the Loan Agreement and the Mortgage constitute a
Project authorized by the Act;
( b) the purpose of the Project is , and the
effect thereof will be to promote the public welfare
by the attraction, encouragement and development of
economically sound industry and commerce so as to
prevent the emergence of or to rehabilitate , so far as
possible , blighted and marginal lands and areas of
chronic unemployment ; the retention of industry to use
the available resources of the community in order to
retain the benefit of its existing investment in
educational and public service facilities; halting the
movement of talented , educated personnel of mature age
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to other areas and thus preserving the economic and
human resources needed as a base for providing
governmental services and facilities ;
(c) the Project when completed will add to the
tax base of the City, and will accordingly be of
direct benefit to the taxpayers of the City as well as
those of the County and School District in which the
Project is located .
(d) the Project has been approved by the
Commissioner of Securities and Real Estate of the
State of Minnesota as tending to further the purposes
and policies of the Act;
(e) the financing of the Project, the issuance
and sale of the Note , the execution and delivery of
the Loan Agreement, the Financing Statement and the
Pledge Agreement and the performance of all covenants
and agreements of the City contained in the Loan
Agreement and the Pledge Agreement and of all other
acts and things required under the Constitution and
laws of the State of Minnesota to make the Note , the
Loan Agreement, the Financing Statement and the Pledge
Agreement valid and binding obligations of the City
enforceable in accordance with their terms, are
authorized by the Act ;
( f) it is desirable that the Commercial
Development Revenue Note in the amount of up to
$1 , 100 , 000 be issued by the City upon the terms set
forth herein, and that the City assign its interest in
the Loan Agreement and grant a security interest
therein for the payment of the principal of , interest
on and premium and late charges , if any, on the Note;
( g) the loan payments contained in the Loan
Agreement are fixed , and required to be revised form
time to time as necessary, so as to produce income and
revenue sufficient to provide for prompt payment of
principal of , premium and late charges , if any, and
interest on the Note issued under this Resolution when
due , and the Loan Agreement also provides that the
Partnership is required to pay all expenses of the
operation and maintenance of the Project including ,
but without limitation , adequate insurance thereon and
all taxes and special assessments levied upon or with
respect to the Project payble during the term of the
Loan Agreement; and
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( h) under the provisions of Minnesota Statutes ,
Section 474 . 10 , and as to be provided in the Note, the
Note is not to be payable from nor charged upon any
funds of the City other than the revenue under the
Loan Agreement pledged to the payment thereof ; the
City is not subject to any liability thereon; no
Holder of the Note shall ever have the right to compel
any exercise of the taxing power of the City to pay
the Note or the interest or premium or late charges ,
if any, thereon, nor enforce payment thereof against
any property of the City except the Project , or
portions thereof , mortgaged or otherwise encumbered by
the Mortgage and the Assignment ; the Note issued
hereunder shall recite that the Note , including
interest and premium and late charges , if any,
thereon, is payable solely from the revenue under the
Loan Agreement pledged to the payment thereof ; and the
Note shall not constitute a debt of the City within
the meaning of any constitutional or statutory
limitation; provided , however , that nothing contained
in this paragraph ( h) shall impair the rights of the
Holder or Holders of the Note to enforce covenants
made for the secruity thereof as provided in Minnesota
Statutes , Section 474 .
Section 3 . Authorization and Sale
3 . 01 . Authorization. The City is authorized by
the Act to issue revenue bonds , and loan the proceeds
thereof to business enterprises to finance the acquisition
and construction of "projects" as defined in the Act, and
to make all contracts , execute all instruments and do all
things necessary or convenient in the exercise of such
authority.
3. 02. Preliminary City Approval . By Resolution
No. 1866 duly adopted by the Council on June 16, 1981 ,
this Council gave preliminary approval to the sale of its ,
revenue bonds pursuant to the Act and the loan of the
proceeds to the Partnership for the acquisition and
improvement of the Project suitable for use as an
office/warehouse building and authorized the preparation
of such documents as may be appropriate to the Project ,
following a public hearing on the proposal to undertake
and finance the Project duly noticed and held on June 9 ,
1981 , at which time all parties who appeared were given an
opportunity to express their views with respect to the
proposal to undertake and finance the Project.
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T
3. 03 . Approval of Documents. Pursuant to the
above, there have been prepared and presented to this
Council copies of the following documents , all of which
are now, or shall be, placed on file in the office of the
City Clerk :
( a) the Loan Agreement;
( b) the Assignment;
( c) the Pledge Agreement;
(d) the Mortgage ; and
( e) the Financing Statement.
The forms of the documents listed in ( a) through ( e) above
are approved , with such variations , insertions and
additions as are deemed appropriate by the parties and
approved by the City Attorney and City Clerk.
3. 04. Sale of Note. The City hereby accepts the
offer of the Lender to purchase the Note at the price of
it principal amount and subject to the terms and
conditions contained in the Commitment.
Section 4 . Execution of Documents. Upon the
completion of the Loan Agreement, the Financing Statement
and the Pledge Agreement , approved in Section 3. 03 hereof ,
and execution of the Loan Agreement and Pledge Agreement
by the Partnership and the Lender , as the case may be , the
Mayor, the City Administrator and the City Clerk shall execute
the same on behalf of the City and shall execute the Note in
substantially the form as the form of Note set forth following
Section 5 . 01 hereof on behalf of the City with such variations,
insertions and additions as are deemed appropriate by the
parties and approved by the City Attorney and City Administrator,
and shall execute such other certifications, documents or
instruments as bond counsel or counsel for the Lender
shall require, subject to the approval of the City
Attorney, and all certifications , recitals and
representations therein shall constitute the certificates,
recitals and representations of the City. Execution of
any instrument or document by one or more appropriate
officers of the City shall constitute and be deemed the
conclusive evidence of the approval and authorization by
the City and the Council of the instrument or document so
executed . In the absence or disability of the Mayor , any
of the documents authorized by this resolution to be
executed , shall be executed by the acting Mayor , and in
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7
the absence of the City Administrator or City Clerk by such
officer of the City who, in the opinion of the City Attorney,
may execute such documents.
Section 5. The Note.
5. 01 . Form and Authorized Amount. The Note
shall be issued substantially in the form hereinafter set
forth , with such appropriate variations , omissions and
insertions as are permitted or required by this
Resolution, and in accordance with the further provisions
of this Section, in the total principal amount of up to
$1 ,100, 000.
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7
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF SHAKOPEE
Commercial Development Revenue Note
(Valley Industrial Center 2 Project)
R-1 $1, 100, 000
The City of Shakopee, Minnesota , a municipal
corporation of the State of Minnesota ( the City) , for
value received , hereby promises to pay to the order of
NORTH AMERICAN LIFE AND CASUALTY COMPANY, or assigns ( the
Holder) , at its principal office in Minneapolis ,
Minnesota, or at such other place as the Holder may
designate in writing , from the source and in the manner ,
and with interest thereon as hereinafter provided , the
principal sum of ONE MILLION ONE HUNDRED THOUSAND DOLLARS
( $1 , 100, 000 ) , with interest on the unpaid principal
amount, from the date hereof until this Note is fully
paid , at the rate of twelve percent ( 12%) per annum, in
any coin or currency which at the time or times of payment
is legal tender for the payment of public or private debts
in the United States of America. This Note is payable in
installments due on the first day of each month as follows:
( a) on 1 , 1981 , an amount equal to the
interest accrued to that date on the outstanding
principal of this Note; and
( b) commencing on 1, 198 and on the first
day of each month thereafter the principal of and
interest in this Note shall be payable in 360
consecutive monthly installments consisting of 359 in
equal monthly installments of Eleven Thousand Three
Hundred Twenty-One ($11, 321 ) each , with a final
payment of all principal and accrued interest
on 1, 201_, all payments to be applied first
to interest and then to principal .
All interest hereon shall be computed on the
assumption that each month contains thirty ( 30 ) days and
each year three hundred sixty (360) days except that
payments required under ( a) above shall be made on the
basis of actual days elapsed in a three hundred sixty day
( 360 ) year .
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7
Notwithstanding the foregoing , in the event that
the interest on this Note becomes subject to federal
income taxation pursuant to a Determination of Taxability
as defined in the Loan Agreement, of even date herewith
( the Loan Agreement) , between the City and Valley
Industrial Center 2 , a Minnesota general partnership, ( the
Partnership) , the interest rate on this Note shall be
increased to sixteen percent (16%) per annum from the Date
of Taxability, as defined in the Loan Agreement , in which
case the monthly installment payments hereunder shall be
immediately adjusted so that the new equal monthly
installment payments will result in a principal balance
outstanding on the final maturity date of this Note which
is the same as the principal balance which would have been
outstanding on such final maturity date if there had been
no Determination of Taxability, and the City shall
immediately pay to the Holder of this Note and to any
prior Holder , but solely from the revenues derived from
the Loan Agreement , the aggregate difference between (A)
the amounts actually paid between the Date of Taxability
and the date of such payment and (B) the amounts that
would have been paid to the Holder and any prior Holder
during such period at such increased interest rate.
The principal of this Note is not subject to
prepayment prior to the expiration of the seventh Loan
Year as hereafter defined . From and after the expiration
of the seventh Loan Year , the principal of this Note may
be prepaid at any time, either in whole or in part, on any
monthly installment payment date upon payment of a price
equal to the principal being so prepaid plus accrued
interest to the date of prepayment and subject to a
premium expressed as a percentage of the principal being
so prepaid as follows :
Loan Year Premium
8th 5%
9th 4%
10th 3%
11th 2%
12th 1%
A Loan Year shall mean a year consisting of
twelve calendar months , the first day of such first Loan
' Year being the date on which the first required
installment payment of principal and interest is to be
made to amortize the principal balance over the term of
this Note. Subsequent Loan Years shall run consecutively,
each commencing upon the anniverary of the commencement of
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the first Loan Year . Any prepayments shall be made on at
least ten (10 ) days ' advance written notice to the Holder
of this Note and prepayments , whether made pursuant to
this Note , by application of insurance proceeds ,
condemnation awards or otherwise shall not suspend or
reduce required installment payments . All prepayments ,
after deduction of accrued interest and prepayment
premium, shall be applied to reduce the principal balance
of this Note .
The Holder hereof shall have the right to declare
due and payable and require the full and prompt payment of
the principal then outstanding on this Note with interest
thereon to the date of payment in the seventh and the
fifteenth Loan Year . In the event the Holder exercises
this right, the payment by the City shall not be subject
to any prepayment premium or penalty. In the event the
Holder shall elect to exercise this right , it shall
provide written notice thereof to the City and the
Partnership, in the manner and at the addresses provided
in the Loan Agreement, not less than Two Hundred Forty
( 240 ) days prior to the date that the principal of this
Note with interest thereon is to be due and payable
pursuant to such declaration.
In addition, the holder hereof shall have the
right to declare due and payable and require the full and
prompt payment of the principal amount then outstanding on
this Note with interest thereon to the date of payment by
providing written notice of such declaration to the City
and the Partnership at any time within ninety ( 90 ) days
after the receipt by the Holder of notice of a
Determination of Taxability. The principal and interest
on the Note shall be due and payable sixty ( 60 ) days
following the receipt by the Partnership of such
declaration by the Holder or on such later date as may be
specified by the Holder .
This Note constitutes an issue in the total
authorized face amount of $1 , 100, 000. This Note is issued
by the City pursuant to the authority granted by Minnesota
Statutes , Chapter 474 , as amended ( the Act) , for the
purpose of providing funds to be loaned by the City to the
Partnership pursuant to the Loan Agreement to pay a
portion of the costs of the acquisition and construction
of a Project , as defined in Minnesota Statutes , Section
474 . 02 , Subdivision la, consisting of certain real estate
and improvements thereon, and paying necessary expenses
incidental thereto , such funds to be loaned by the City to
the Partnership pursuant to a Resolution adopted by the
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7
City on September 8, 1981 ( the Resolution) and the Loan
Agreement, thereby assisting activities in the public
interest and for the public welfare of the City. This
Note is secured by a Pledge Agreement, of even date
herewith ( the Pledge Agreement) , between the City and the
Holder , a Combination Mortgage, Security Agreement and
Fixture Financing Statement of even date herewith ( the
Mortgage) given by the Partnership in favor of the Holder
and an Assignment of Rents and Leases of even date
herewith ( the Assignment) , given by the Partnership in
favor of the Holder .
As provided in the Resolution and subject to
certain limitations set forth therein, the City will cause
to be kept at the office of the City Clerk a Note Register
in which , subject to such reasonable regulations as it may
prescribe , the City shall provide for the registration or
transfer of ownership of this Note. This Note is
transferable upon the books of the City at the office of
the City Clerk , by the Holder hereof in person or by its
attorney duly authorized in writing , upon surrender hereof
together with a written instrument of transfer
satisfactory to the City Clerk , duly executed by the
Holder or its duly authorized attorney. Upon such
transfer the City Clerk will note the date of registration
and the name and address of the new Holder upon the books
of the City and in the registration blank appearing
below. Alternatively, the City will at the request of the
Holder issue new notes in an aggregate principal amount
equal to the unpaid principal balance of this Note , and of
like tenor except as to number , principal amount and the
amount of the monthly installments payable thereunder , and
registered in the name of the registered Holder or such
transferee as may be designated by the Holder . The City
may deem and treat the person in whose name this Note is
last registered upon the books of the City with such
registration noted on the Note as the absolute owner
hereof , whether or not overdue , for the purpose of
receiving payment of or on account of the principal
balance , redemption price or interest and for all other
purposes , and all such payments so made to the Holder or
upon its order shall be valid and effectual to satisfy and
discharge the liability upon this Note to the extent of
the sum or sums so paid , and the City shall not be
affected by any notice to the contrary.
All of the agreements , conditions , covenants ,
provisions and stipulations contained in the Resolution,
the Loan Agreement, Mortgage , Assignment and the Pledge
Agreement are hereby made a part of this Note to the same
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extent and with the same force and effect as if they were
fully set forth herein. If the City should fail to make
any monthly installment of interest or principal and
interest when due , which failure shall continue for ten
( 10 ) days after written notice thereof shall have been
given by the Holder to the City and Partnership at the
address set forth in the Loan Agreement, or if an Event of
Default occurs under the Loan Agreement , the Mortgage or
the Assignment, then the Holder may at its right and
option, by written notice to the City and the Partnership,
declare immediately due and payable the principal balance
of this Note and interest accrued thereon to the date of
declaration of such default, together with any attorney' s
fees incurred by the Holder in collecting or enforcing
payment of interest or principal of this Note , without
notice to or consent of any party.
This Note shall not be payable from nor charged
upon any funds of the City other than the revenue under
the Loan Agreement pledged to the payment thereof, nor
shall the City be subject to any liability thereon. No
Holder of this Note shall ever have the right to compel
any exercise of the taxing power of the City to pay this
Note or the interest or premium thereon, nor to enforce
payment thereof against any property of the City, except
the revenue under the Loan Agreement pledged to the
payment thereof . This Note shall not constitute a charge ,
lien , or encumbrance, legal or equitable, upon any
property of the City, except the revenue under the Loan
Agreement pledged to the payment thereof. This Note ,
including interest and any premium thereon, is payable
solely from the revenue under the Loan Agreement pledged
to the payment thereon. This Note shall not constitute a
debt of the City within the meaning of any constitutional
or statutory limitation. However , nothing contained in
this paragraph shall impair the rights of the Holder of
this Note to enforce covenants made for the security
thereof as provided under the provisions of Minnesota
Statutes , Section 474 . 11.
The Holder shall not be deemed , by any act of
omission or commission, to have waived any of its rights
or remedies hereunder unless such waiver is in writing and
signed by the Holder and then only to the extent
specifically set forth in the writing . A waiver with
reference to one event shall not be construed as
continuing or as a bar to or waiver of any right or remedy
as to a subsequent event.
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1
IT IS HEREBY CERTIFIED AND RECITED that all
conditions, acts and things required to exist, happen, and
be performed precedent to or in the issuance of this Note
do exist, have happened and have been performed in regular
and due form as required by law.
IN WITNESS WHEREOF, the City has caused this Note
to be duly executed by its duly authorized officers and
its corporate seal affixed all as of the day
of , 1981.
CITY OF SHAKOPEE, MINNESOTA
By
(SEAL) Mayor
And
City Administrator
Attest:
City Clerk
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7
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid principal balance of
this Note and the interest accruing thereon is registered
on the books of the City of Shakopee in the name of the
registered holder last noted below.
Date of Name and Address of Signature of
Registration Registered Holder City Clerk
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t
5. 02. Note Terms . The Note shall be designated
the Commercial Development Revenue Note (Valley Industrial
Center 2 Project) and shall :
( a) be dated as of the date of delivery thereof
to the Lender ;
( b) be in the total principal amount of
$1, 100, 000;
(c) bear interest on the unpaid principal
balance advanced from time to time from date of issue
until paid or discharged as herein provided at the
rate of twelve ( 12% ) per annum, except that in the
event the interest on the Note becomes subject to
federal income taxation pursuant to a "Determination
of Taxability" as defined in the Loan Agreement, the
interest rate on the Note shall be increased to
sixteen (16% ) per annum from the Date of Taxability,
as defined in the Loan Agreement , all as provided in
the Form of Note contained in Section 5 . 01 hereof;
( d) be payable in installments on the first day
of each month as follows :
( 1 ) on the first day of the month following
the date of delivery of the Note , an amount equal
to interest accrued to that date on the principal
of the Note;
( 2 ) commencing on the first day of the
month next following the delivery of the Note ,
and on the first day of each month thereafter ,
principal and interest on the Note shall be
payable in 360 consecutive monthly payments
consisting of three hundred fifty nine
consecutive equal monthly payments of Eleven
Thousand Three Hundred Twenty-One Dollars
($11, 321 . 00 ) , and a final payment of all
principal and interest on the Note on the first
day of the 360th month following the payment of
interest only under (1 ) above.
( e) be payable as to both principal and interest
to the registered Holder thereof at the principal
office of the Holder for the account of the City;
( f) be subject to the rights of the Holder to
call the Note for prepayment upon the occurrence of
certain events , including , but not limited to a
Determination of Taxability, as set forth in the form
of Note contained in Section 5. 01 hereof ;
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7
( g) be subject to prepayment at the times ,
upon the conditions and at the prices as provided
in the form of Note contained in Section 5. 01
hereof.
5. 03 Execution. The Note shall be executed on
behalf of the City by the signatures of the Mayor, the City
Administrator and the City Clerk, and shall be sealed with
its corporate seal. In case any officer whose signature
shall appear on the Note shall cease to be such officer be-
fore the delivery thereof, such signature shall nevertheless
be valid and sufficient for all purposes .
5. 04. Mutilated , Lost and Destroyed Note. In
case the Note shall become mutilated or be destroyed or
lost, the City shall cause to be executed and delivered a
new Note of like outstanding principal amount and tenor in
exchange and substitution for and upon cancellation of the
mutilated Note , or in lieu of and in substitution for such
Note destroyed or lost, upon the Holder ' s paying the
reasonable expenses and charges of the City in connection
therewith, and in case the Note is destroyed or lost, its
filing with the City evidence satisfactory to it.
5. 05. Registration of Transfer . The City will
cause to be kept at the office of the City Clerk a Note
Register in which , subject to such reasonable regulations
as it may prescribe, the City shall provide for the
registration or transfer of ownership of the Note. The
Note shall be transferable upon the books of the City by
the Holder thereof in person or by its attorney duly
authorized in writing, upon surrender of the Note together
with a written instrument of transfer satisfactory to the
City Clerk duly executed by the Holder or its duly
authorized attorney. Upon such transfer the City Clerk
shall note the date of registration and the name and
address of th new Holder on the books of the City and in
the registration blank appearing on the Note.
Alternatively, the City shall , at the request and expense
of the Holder , issue new notes , in aggregate outstanding
principal amount equal to that of the Note surrendered ,
and of like tenor except as to number , principal amount
and the amount of the monthly installments payable
thereunder , and registered in the name of the Holder or
such transferee as may be designated by the Holder . The
City may deem and treat the person in whose name each Note
is last registered upon the books of the City with such
registration noted on the Note as the absolute owner
thereof, whether or not overdue , for the purpose of
receiving payment of or on account of the principal
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9
balance, prepayment price or interest and for all other
purposes, and all such payments so made to the Holder or
upon its order shall be valid and effectual to satisfy and
discharge the liability upon this Note to the extent of
the sum or sums so paid , and the City shall not be
affected by any notice to the contrary.
5. 06 . Delivery and Use of Proceeds . Prior to
delivery of the Note, the documents referred to below
shall be completed and executed in form and substance as
approved by the City Attorney. The City shall execute and
deliver to the Lender the Note in the total principal
amount of up to $1 , 100, 000, together with the following:
( a) a duly certified copy of this Resolution;
( b) original , executed counterparts of the Loan
Agreement, Financing Statement and the Pledge
Agreement; and
( c) such closing certificates, opinions and
related documents as are required by bond counsel.
Upon delivery of the Note and the above items to
the Lender , the Lender shall , on behalf of the City,
disburse to the Partnership the proceeds of the Note in
reimbursement of Project Costs pursuant to the provisions
of the Loan Agreement, and the proceeds so disbursed shall
be deemed to have been disbursed for the benefit of the
City. The Lender and the Partnership shall provide the
City with a full accounting of all funds disbursed for
Project Costs.
Section 6 . Limitations of the City' s
Obligations. Notwithstanding anything contained in the
Note , the Loan Agreement, the Pledge Agreement, or any
other documents referred to in Section 3. 03 , the Note
shall not be payable from nor charged upon any funds of
the City other than the revenue under the Loan Agreement
pledged to the payment thereof, nor shall the City be
subject to any liability thereon. No Holder or Holders of
the Note shall ever have the right to compel may exercise
of the taxing power of the City to pay the Note or the
interest or any premium thereon, nor to enforce payment
thereof against any property of the City other than the
revenue under the Loan Agreement pledged for the payment
thereof. The Note shall not constitute a charge , lien, or
encumbrance, legal or equitable, upon any property of the
City. The Note, including interest and premium, if any,
thereon, is payable solely from the revenue under the Loan
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7
Agreement pledged to the payment therof. The Note shall
not constitute a debt of the City within the meaning of
any constitutional or statutory limitation. However ,
nothing contained in this Section 6 shall impair the
rights of the Holder or Holders of the Note to enforce
covenants made for the security thereof, as provided under
the provisions of Minnesota Statutes , Section 474. 11 .
Section 7 . Registration and Certification of
Proceedings.
7. 01 Registration. The City Clerk is hereby
authorized and directed to file a certified copy of this
resolution with the County Auditor of Scott County,
together with such other information as he shall require ,
and to obtain from the County Auditor a certificate that
the Note has been entered in his bond register as required
by law.
7. 02. Certification of Proceedings . The
officers of the City and the County Auditor of Scott
County are directed to prepare and furnish to the Lender ,
and to the attorneys rendering an opinion as to the
legality of the issuance of the Note, certified copies of
all proceedings and records of the City, and such other
affidavits, certificates and information as may be
required to show the facts relating to the legality of the
Note as the same appears from the books and records under
their custody and control or as otherwise known to them,
and all such certified copies, certificates and
affidavits , including any heretofore furnished, shall be
deemed representatives of the City as to the facts stated
therein.
Section 8 . Statement of Election. The principal
amount of the Note , being in excess of $1, 000, 000, the
City hereby elects to issue industrial development bonds
in an aggregate face amount in excess of $1, 000, 000 , but
not in excess of $10, 000 , 000 pursuant to Section 103
(b) (6 ) (D) of the Internal Revenue Code of 1954 , as amended
( the Code) , and the City Clerk is authorized and directed
on behalf of the City to file a statement of election to
issue its obligations in excess of $1 , 000, 000 as provided
by Section 103 ( b) (6 ) (D) of the Code and Section
1 . 103-10 (b) (2 ) (vi) of the Regulations promulgated
thereunder .
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Adopted : , 1981 .
Mayor
Attest:
City Clerk
Approved as to form this
day of , 1981 .
City Attorney
The motion for the adoption of the foregoing
resolution was duly seconded by Member
and upon vote being taken thereon, the following voted in
favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and
adopted .
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MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: Reassessment on Parcels Appealing Assessments
DATE: September 4, 1981
INTRODUCTION
Property owners of eight parcels appealed their storm sewer
assessment on the Holmes Street Reconstruction Project .
BACKGROUND
The District Court decision on the appeals from the assessment
was that the assessments be put aside and that the Council conduct
a reassessment of the properties in question.
A public hearing date was set for September 8th at 8: 30 P.M.
and proper notice has been given according to law.
The Council should conduct a public hearing on the proposed
assessments taking into consideration the appreciation of the property
as a result of the benefit from the improvements .
The actual assessment roll is being prepared by Trever Walston,
Ass ' t. City Attorney, and should be ready Tuesday. The figures
should be the same as they were originally •ith the exception of
changes made by the Court .
Recommended Action
After conducting the public hearing Council should adopt
Resolution No. 1907 adopting the assessments .
jc
RESOLUTION NO. 1907 jJ
A RESOLUTION ADOPTING ASSESSMENTS
1980-3 PUBLIC IMPROVEMENT PROGRAM
HOLMES STREET RECONSTRUCTION
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council of the City of Shakopee met and heard and passed
upon all objections to the proposed assessments of the following
parcels , which benefit from the storm sewer improvement of the Holmes
Street Reconstruction Project (80-3) :
27-001-000C-060-00; 27-001-0000-059-00;
27-001-0000-140-00; 27-001-0000-256-00;
27-001-0000-257-00; 27-001-0000-156-00;
27-001-0000-157-00; 27-001-0000-283-00
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
1 . That such proposed assessment together with any amendments
thereof, a copy of which is attached hereto and made a part hereof ,
is hereby accepted and shall constitute the special assessment
against the lands named therein and each tract therein included
is hereby found to be benefitted by the proposed improvements in
the amount of the assessments levied against it .
2. Such assessments shall be payable in equal annual install-
ments extending over a period of ten (10) years , the first installment
to be payable on or before the first Monday in January, 1982 and
shall bear interest at the rate of 8.00 percent per annum from
the date of the adoption of this assessment resolution. To the
first installment shall be added the interest on the entire assess-
ment from the date of this resolution until December 31 , 1982,
and to each subsequent installment when due shall be added the
interest for one year on all unpaid installments .
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County Auditor,
pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except that
no interest shall be charged if the entire assessment is paid
within thirty ( 30) days from the adoption of this resolution; he
may thereafter pay to the County Treasurer the installment and
interest in process of collection on the current tax list, and he
may pay the remaining principal balance of the assessment to the
City Treasurer.
4. The Clerk shall file the assessment rolls pertaining to
this assessment in his office and shall certify annually to the
County Auditor on or before October 10th of each year the total
amount of installments and interest which are to become due in
the following year on the assessment on each parcel of land included
in the assessment roll .
Adopted in session of the City Council of the
City of Shakopee , Minnesota, held this day of
1981 .
ATTEST: Mayor of the City of Shakopee
City Clerk
Approved as to form this day
of September, 1981 .
City Attorney
- D �
WILEY APPRAISAL, INC.
8609 LYNDALE AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55420
Phone: 612/888-4322 — 888-4741
ELDRED E. WILEY
ROBERT H. WILEY
MICHAEL R. WILEY
August 28 , 1981
City of Shakopee
ATTN: Mr . Larry Martin
City Assessor
129 East First Avenue •
Shakopee, MN 55379
Dear Mr . Martin:
At your request , an appraisal of the below-referenced properties were
prepared for the purpose of estimating its market value. Based upon
an inspection of the property and consideration of the' many factors
influencing market value , it is our opinion that its value, as of
August 26 , 1980 , is as follows :
John R. Brambilla Property •
East 1/2 of Lot 3 , and Lot 4 except
Re : East 39 feet of West 48 feet of
South 1/2, and all of Lot 5 , Block 5 ,
City of Shakopee, Scott County, MN
Indicated Market Value- of Subject Before Installation
of New Holmes Street Storm Sewer System $53, 300
Indicated Market Value of Subject After Installation
of New Holmes Street Storm Sewer System $54 ,600
Francis P. O'Connor .Property
Re : Lot 6 , Block 21, City of
Shakopee , Scott County, MN
Indicated Market Value of Subject Before Installation
of New Homes Street Storm Sewer System $42 ,600
Indicated Market Value of Subject After Installation
of New Holmes Street STorm Sewer System $43, 500
Jerome Wampach Property
Re : Lots 4 ,5 , 6 , 7 , West 22 feet of
Lot 9, and East 15 Feet of Lot 10 ,
Scott County, Minnesota
Parcels A & B:
Indicated MV Before Installation of Holmes St. Sewer Sys. $.168 ,600
Indicated MV After Installation of Holmes St. Sewer Sys. $171 ,100
City of Shakopee
August 28 , 1981
Page 2
Parcel C:
Indicated MV Before Installation of Holmes St. Sewer Sys. $ 22,600
Indicated MV After Installation of Holmes St. Sewer sys. $ 23,000
Re : Brambilla Motors , Inc. Property
Lots 1, 2 , and West 2/3 rds of
Lot 3 , Block 5 , City of
Shakopee, Scott County, MN '
Indicated Market Value of Subject BEfore Installation
of New Holmes Street Storm Sewer System $102, 200
Indicated Market Value of Subject After Installation
of New Holmes Street Storm Sewer System $104 , 000
Charles Mensing Property
Re : West 36 feet of South 75 feet
•
of Lot 9 , and all of Lot 10 ,
Block 22, City of Shakopee
Scott County, Minnesota
Indicated Market Value of Subject BEfore Installation
of New Holmes Street Storm Sewer SYstem $ 70 ,300
Indicated Market Value of Subject After Installation
of New Holmes Street Storm Sewer System $ 71,700
Re : Arthur L. Fonder Property.
Lot 7 , Block 35 , CIty of
Shakopee, Scott County, •MN
Indicated Market Value of Subject Before Installation
of New Holmes Storm Sewer System $5 ,550
Indicated Market Value of Subject After Installation
of New Holmes Storm Sewer System $5 ,700
The appraisal reports were submitted to you. They contain a description
of the property, a summary of significant factors affecting its mar-
ket value, and a portion of the computations employed in arriving
at the value estimate. The Appraiser ' s Definition of Market Value ,
the Appraiser ' s Qualifications, and General Assumptions and General
Limiting Conditions are also included.
City of Shakopee
August 28 , 1981
Page 3
This appraisal has been completed in conformance with the Profes-
sional Ethics of the American Institute of Real Estate Appraisers.
Information in this report was gathered from sources believed to
be reliable, but it is not guaranteed. It has been a pleasure to
serve you, and should you desire further assistance, please call
at your convenience.
Cordially yours,
WILEY APPRAISAL, INC.
•
Michael R. Wiley, RM
Vice President
•
MRW/mhr
ELDRE,D E. WILEY Filey Appraisal, Inc. r S�
ROBERT H. WILEY
MICHAEL R. WILEY
APPRAISAL QUALIFICATIONS - MICHAEL R. WILEY, VICE-PRESIDENT - WILEY APPRAISAL, INC.
BIOGRAPHICAL DATA
Bi thptace: Atbetut Lea, Minnesota
Re-c.dence: 9721 - 3rd Ave., So. , 8toom-i.ngton, M-inneota
EDUCATIONAL ACCOMPLISHMENTS
Received Centiiicate of Achievements sponsored by the Nati.onae Association
o i Independent Fee Appna i.s eros ion Studi.e .in:
"Re.Ldenttiat Appn.a i,6ae6" 1972; "Invetment Appn.a i,6aL6" 1973; "Lain
Regarding Pnopenty Ownetu.6hi,p" 1974.
Completed Courtze #8 spon4oned by The Ameican Institute of Reat Estate
Appna io ent, on "S.Lngte Farad ey Re.Ldentiae Appna-usa 6"; Cowin e #100
"Saeepur.6on" oi6ered by Tonskempen School of Real Estate, 1975.
Completed Cowvse #101, Society os Reat Estate AppnaLsens, 1977.
Conrstante.y attending sem-inatu.6 to update knoweedge og current appn.a,ioat technique.
"The Ametican Tnzt.i tote os Rule Estate Appraizex6 conducts a votun any program os
continuing pnoies-c.onal education ion .i tz de.ignated members. MAI and RM membelus
who meet the m.Lr i.mun standandz o f this pnognam ane awarded periodic educational
centg icat.ion." I have not been out under thus ptognam - M.i.nneota State R.E.
Licensing Law nequitce I complete a minimum of 30 howus pets yeah ob Reat Estate
Education which I do comply with which .us not acknowledged by the Institute.
REAL ESTATE APPRAISAL EXPERIENCE AND ACCOMPLISHMENTS
Employed by the State of M-inneota a6 azs-ustant to the specc.at aiseson 1965 8 1966
Burns vitte, Brooklyn Center and Dayton Rears a e4a men t •
Associated ate a pant-time appnaizen with "Wiley Real Estate Appna.i,6at
g ConsuttAi:ng Senv.ice", 1965-1974
In 1974 became employed as a Suee-.time neat elate appn.a iz en, making appAaLe als
of how e, townhowse, commehci.aL pnopetutie, Land and other type 06 appraisal
wink with "W-i eey Real Estate Appnai at 8 Consulting Saw-ice" and Campbett
Appn.aLsat Co., Inc. MAI
Licensed Reat Estate Satepenzon - State of M.inneota 1975
CeAtii.i:ed Rez den.tLae App'Lo} en ion Fedenat Houz.ing AdmLn enation, 1976, 1977,
1978, 1979, 1980 and 1981
Qu.a i6ied T'wth-tin-Hou,us.c.ng Evaluation 'con City oi M.Lnneapot6, 1976
Co-sounder and became Vice-Pre-Ldent of "Wiley AppnaL6aL, Inc.", 1978
**Awarded R.M. Detignation by Ame.'ucan Institute of Real Estate Appnai.6enz, 1979
Quati Led expetut witnes £n city, county and state condemnation actLonz and
DA,6 ttc i.c t Court tawsuits.
A FEW OF THE LENDING INSTITUTIONS AND CLIENTS I HAVE SERVED
Summit State Bank Amen-ican State Bank
Home Federal Savings 8 Loan People S 6 L of Ptu;on Lake
1st M.innehaha National Bank United Mortgage Conponation
Subwu.ban NaUonat 14t WL6con4tin National Bank
Montgage Associate * Norc thtand Mortgage Company
Ric.q.ieed Bank S Truest Co. Postal F.cnance ConpotcatLon
People S 6 L of Atbent Lea Bloom-ington Howsing Authority
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MEMO TO: Mayor and City Council
FROM: John K. Anderson
City Administrator
RE: Supplemental Budget Information
DATE: September )4, 1981
Introduction:
Attached are the additional information items Council asked for at the first
budget session. In addition, we will be making some corrections in numbers
Tuesday that Councilmembers have brought to our attention and supplying
some data that the Mayor requested.
Supplemental Information:
1. Vending Machine License fee examples. We did not check actual numbers
of machines in Shakopee.
2. Five-Year Building Permit activity sheet.
3. Specific personnel pay increase requests over the average
9 percent used.
4. Sample 5-step pay scale consolidating all positions.
5. Expanded Impact Study of a 20 percent tax city-increase on Homestead
property.
6. Supplement information on the Sewer Budget and needed rate increase.
7. Summary of Line Item expenditures for conference and schools, etc.
JKA/jiw
fl
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Cleifk:)
7'
RE: Vending Machine Licenses`
DATE: September 3 , 1981
Pursuant to your request of August 31st I have contacted the
City of Bloomington and the City of Chaska regarding their licensing
of vending machines and have learned the following:
BLOOMINGTON
Purpose of Fee : defray costs for inspections of machines , check
for cleanliness , check who has machines & if properly cared
for, costs for paper work
Types of Machines Licensed : Food, amusement devices , mechanical
rides , and pool tables
Cost of licenses : Food-$17 . 00, Amusement devices-$35 . 50, Mechanical
Rides-33. 00, and Pool Tables - $55 . 50 if not coin operated and
$35 . 50 if coin operated
Number of Licenses : Food-1514, Amusement devices-462 , Rides-5 and
Pool Tables - 4 with 16 tables
1980 Admr. Costs : Food-18. 35 , Amusement devices-31 . 08, Rides-28. 91,
and Pool tables 46 . 78
Total Revenue : Food - $25, 738; Amusement devices - $16 ,401 ;
Rides - $165. 00 and Pool tables - $888. 00
Method of Admr: Lisc good for 1 yr from date issued, expiration
dates in computer, mail out renewals when time
Enforcement problems : Very little ; businesses don' t like to lisc
for food vending machines , there is a penalty for late renewal
or operating without a license of $30 or 1/3 of license fee
whichever is less .
NOTE: There is an inspector Who does visit each licensee at least
once a year to check if the proper number of machines are
licensed, cared for, and clean (especially if food)
CHASKA:
Purpose of Fee : control who puts in machines , admr. costs , revenue ,
defray inspections
Types of Machines Licensed: cigarettes , games of skill (electric)
and pool tables
Cost of License : Cigarettes-$12 .00/yr and other $25/machine
Number of Licenses : Games of skill - 36
r
Vending Machine Licenses
September 3, 1981
Page -2-
CHASKA continued
Administrative Costs : Unknown
Total Revenue : $900. 00
Method of Administration: Renewed annually beginning October 1st ,
send out renewals all at one time
Enforcement problems : None ; Police did notify each licensee
recently that they were coming for inspection. Police
inspect once a year .
SHAKOPEE
Shakopee currently licenses 42 cigarette machines @ $12 .00
for a total of $504. 00 and issues 6 pool table licenses @ $100 for
first table and $50 for each additional for a total of $1 ,000. 00.
We make no periodic inspections . If Shakopee were to start licensing
vending machines there would be substantial first time costs because
someone - 'would have to inspect all business to see who has a
machine that should be licensed and then notices would have to
be mailed to each for application of a license .
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MEMO TO: John K. Anderson , City Administrator
FROM: Gregg Voxland, Finance Director
RE: Salary Increase , Finance Director
DATE: - July 9, 1981
The position of the finance officer and the financial field as a
whole has been gaining increased attention and importance as the
business and government environments change . These changes include
increase desire (need) for information , higher financing costs and
the need for greater financial and management control .
The workload for the Finance Department has been increasing as
more projects are done in the City, more reports required to be
filed and more complicated forms accompaning these reports . In
addition, the Annual Financial Report is produced in house and a
more detailed budget document is being developed. Services are
also provided for S .P .U.C. , H.R.A. and Community Services .
A review including eleven cities was done based on the 1980
Stanton Survey (1981 not available) . The cities included:
Shakopee, Lakeville , Stillwater, Hastings , Anoka, Apple Valley,
Robbinsdale , Eden Prairie, North St . Paul , Oakdale, and Mounds-
view. The ranked averages compared to Shakopee are :
Average Shakopee Variance
Manager $30, 534 $30,000 $ 534 1 . 75%
Engineer 28,292 27 ,500 792 2 . 80
Police Chief 27 ,365 27 ,250 115 .42
Finance Director 24, 969 23 ,1.65 1804 7 . 22
Assessor 23,062 17 ,000 6062 26. 29
Public Works Superintendent 22 , 851 25 , 956 (3105) (13 . 59)
Building Inspector 22 ,040 23 ,540* (1500) ( 6. 81)
*Probation
Based on the above information as to rankings and the value
assigned to metro averages by arbitrators , a salary for the
Finance Director position in the range of $25 ,000 for 1980
would be in order. This would equate to a 1982 increase of
about $2 ,500 in addition to a 9% increase over 1981 .
GV/jms
' MEMO TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
•RE: 1981 Salary for Senior Accounting Cler,k
DATES January 6, 1981
Introduction:
Council has previously considered and set sal.a'ries for 1981.
It is requested that Council reconsider the salary of the
Senior Accounting Clerk.
Background:
The position of Senior Accounting Clerk is a very important one to
the operation of City government. This is a technical position and
should not be equated with secretarial positions. Currently assigned
duties include payroll, receipts, disbursements, data processing,
special assessments, purchasing, health insurance claims, work comp
claims, completing a myriad of federal and state reports and
supervision of two part time personnel. Because of the technical
nature of the duties, this position requires someone with a higher
aptitude and a more related background than an average secretarial
position. In addition, it is estimated that it would take a longer
period of time to train someone into this position due to the complex-
ities. The current Senior Accounting Clerk was able to assume the
duties in fairly short order due to working in Finance and related
areas on a part time basis beforehand. We do not currently have any-
one who could take over many of these duties without causing a severe
strain on the department.
The workload for this position has increased due to more projects coming
through Engineering, more reports to be completed, additional tasks
delegated by myself and more checks and verifications being performed.
A check has been done with some other cities for comparison. Assigned
duties and staffing vary from city to city so positions are not always
comparable. Inquiries were for a Senior Accounting Clerk or a Payroll
Clerk.
•
John K. Anderson, City Administrator
January 6, 1981
Page Two
•
Shakopee Senior Accounting Clerk $ 13,453
Chaska Senior Accounting Clerk 12,500 (Approx.)
Eden Prairie Senior Accounting Clerk 15,080
Minnetonka Senior Accounting Clerk 14,123
Burnsville Payroll Clerk 14,340 (Start)
(Assistant Finance Director - $ 18,000)
Crystal Accounting Clerk III 12,888
(Assistant Finance Director - $ 17,050)
• Golden Valley Payroll Clerk 13,270 - 14 ,580
(Accountant $17,300 - $19,000)
Anoka Payroll Accountant 15,056
Brooklyn Center Staff Accountant 17,088
Robbinsdale Senior Accounting Clerk 12,313 - 14 ,768
Brooklyn Park Acct'g. Technician -II 16,092
Coon Rapids Accounting Clerk 1.1 12,900
(Chief Accountant - $ 25,900)
Apple Valley Senior Accounting Clerk (3) 11,630 - 14,361
The other positions in the City which were grouped together for
comparison are:
Police Administrative Assistant $ 14,280
Assessing Secretary 13,469
Engineering Secretary 11,760
Due to the nature of this position, duties imposed and training
needed, it should he classed above the secretarial positions and
compensated likewise. Based on the above information and an estima-
tion of duties involved, it is felt an appropriate range for this
position at this time is $14,400 to $15,500. It is questionable whether
the Finance Department can retain quality personnel at the established
salary levels.
tak
,.
John K. Anderson, City Administrator
January 6, 1981
Page Three
Alternatives:
1. Do not change salary for this posit ion
2. Appoint someone to investigate further
3. Retain consultant to do a salary/management study
4. Reconsider salary and set at higher level
Recommendation:
Alternative number four is recommended at $14 ,500. Alternative
number three is also desirable to establish job classification
categories and a salary administration plan for longer range
considerations.
The recommendation is a fairly substantial increase over 1980,
however, it is felt that the position should be classified at a
higher level and that the person currently holding the position is
performing well under the circumstances. This position did turn-
over in 1980, but is a key position and turnover should be
minimized.
GV./ljw
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MEMO TO: John Anderson
City Administrator
FROM: H. R. Spurrier
City Engineer
RE: 1982 Budget Preparation
DATE: July 13, 1981
Introduction:
Little information is available for determining the organization, duties
and funding of the Engineering Department, prior to 1978. Therefore, the
1982 budget request is made on the basis of four most familiar budgets
from 1978 through 1981.
Background:
My philosophy in managing the Engineering Department has been to increase
or create user fees so that that segment of the population which requires
the City to render technical services pays for the services rendered.
This has included, but not been limited to, plan review, plat review, inspection
and design.
Of all the activities performed by the Engineering Department, design activities
represent the greatest revenue source, followed by inspection and other
activities. That design and inspection activity accounted for $142,820.00
in 1980 and has accounted for $57,577.00 todate in 1981.
It is, therefore, a goal of the Engineering Department to keep as much of the
design and inspection work as possible.
For 1982, the following approaches were made in budget preparation:
1. Department Request - a budget increasing the number of
permanent employees from four to five and decreasing the
number of temporary employees from one to zero in order to
continue to advance on the goal specified above. Design
capabilities are enhanced with the purchase of a computer
with word processing capability.
_._...
7-
MEMO
MEMO TO: John K. Anderson, City Administrator
FROM: Don Steger, City Planner
RE: Salary Increases
DATE:. July 9, 1981
In addition to the 9% salary increase (cost of living) included
in the proposed 1982 budgets , I am proposing an additional 4. 5%
salary increase for Jane. This additional increase, when com-
bined with the 97 increase , would raise her annual salary from
the current level of $11 , 760 to $13 , 347 . This 13 . 5% salary
increase amounts to 75¢/hour. It is my feeling that Jane ' s
knowledge of the job, level of responsibility, competence ,
continuity factor, etc . all make her a very valuable person
to the overall operation of the department . In addition, I
feel her knowledge and abilities contribute to the efficient
operation of other departments as well .
For myself, I am requesting a $2 , 500 annual salary increase in
addition to the 97 cost of living adjustment . I feel my current
salary level is excessively low when viewing the level of respon-
sibility, the amount of development and other planning related
activities occuring in Shakopee due to its metro location, the
overall quality of the work performed, the metro location of
the City (higher living costs) , etc. When compared to other
department heads and to current salary levels of my colleagues
in nearby cities , the discrepency in salary level is realized,
Comparative Salary Levels - City Planners
City Current Salary Level (annual)
Maple Grove $22 , 740
Eden Prairie 30, 300
Prior Lake 22 , 500
Chanhassen 24,500
DS/jms
attachment
John Anderson July 13, 1981
1982 Budget Preparation Page -2-
2. Administrators No More Than 10 Percent Increase Budget Request -
a budget that maintains current staff levels; provided present
temporary employee can be replaced with equally capable employee.
Design capabilities are enhanced with the purchase of a computer.
3. Administrators 10 Percent Reduction Budget Requst - a budget that
- reduces current staff levels by eliminating one temporary employee.
Design capabilities are reduced because personnel must be shifted
away from those responsibilities to perform inspection work. One
vehicle is placed in cold storage in order to reduce operating
costs.
4. Administrators No Increase Budget Request - a budget that maintains
present composition except that experienced temporary employee is
replaced with student interns. Design capabilities are reduced.
The attached bar grafts showing the actual expenditures in revenue from 1978
through 1980, illustrates how effective user charges can be in reducing the
general fund cost of an Engineering Department while increasing City services.
Projects for 1981 are conservatively low as the actual data for the first five
months indicate, revenues are ahead of projections and exceed expenses.
The principal difference between the four budget requests are the difference
in personnel requirements. The two most expensive budgets are those that result
in a 10 percent reduction from 1981 and a zero percent increase from 1981.
The department request and 10 percent increase indicate that the actual cost
to the City is less. This is generally due to the fact that there is increased
revenue and that increase in revenue exceeds the cost of the employee.
As the attached bar grafts illustrate, City revenue has undergone a dramatic
increase since the role of the Engineering Department has changed. In 1978,
the City paid $69,500.00 for an Engineering Department. In 1981, a larger
department furnishing the City more services will cost the City an estimated
$10,777.00, again that is the result of new goals and a drastic alteration in
departmental operation. Previous to 1979, the principal service of the Engineering
Department was to provide advice to Council, review Building Permits and super-
vise a staff of temporary inspectors.
During the past two and on-half years, the Department has been staffed with
permanent full-time technicians, supplemented by temporary full-time inspectors.
The principal change in the Engineering Department has been the performance of
more in-house technical work including design and inspection of civil engineering
projects. Reduction in the budget or even maintaining present spending level
has the effect of reversing this trend to perform more work in-house and as the
bar grafts indicate, when that trend is reversed, revenue is reduced and actual
cost to the City is increased.
c
John Anderson July 13, 1981
1982 Budget Preparation Page -3-
The principal difference between the 1982 department request and the Administrators
10 percent budget increase request is whether the present temporary employee
would be hired permanently or replaced with another temporary employee.
In my view, it would be difficult to replace the temporary employee. The
budget analysis clearly indicates that a third technician is necessary and
that whether the technician if full time or temporary, it results in the least
cost alternative to the City.
From a standpoint of operating the department, the departments preference and
the departments request is that the present temporary employee be retained full
time. The department does not plan to commence any new programs until City-wide
goals have been established by Council. The Engineering Department monthly
report clearly illustrates a large volume of work over the next few years which
must be performed by the Engineering Department.
Based on that; outlook, it is judged appropriate to increase staff to accommodate
that work load.
Conclusions:
In the preparation of this budget, a department request budget was prepared.
That budget has fewer uncertainties in revenue projection and best copes with
the anticipated work load for 1982.
HRS/jiw
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MEMO TO: Mayor & City Council
FROM: John K. Anderson, City Administrator
RE: Sample Five Step Pay Scale Consolidating All Positions
DATE: September 4, 1981
Introduction:
Attached is a sample consolidated 1981 Five Step Pay Scale . The
scale must be used in combination with individual job descriptions
and the two then should produce the equivelant of equal pay for
equal work.
Findings :
Using this sample scale and job descriptions just completed
this summer , the following positions need attention:
1 . Receptionist - below metro average for receptionist and
job description indicates she does more than a receptionist .
2 . Police Clerk II - Job description indicates the position
is in too high a range .
3. Police Admr. Ass ' t. - Unless the computer work is difficult
and is a significant part of her work, the job description
indicates the position is in too high a range .
4. Admr. Ass ' t/HRA - This position could better match the
metro averages if moved to Step 3 in the same range .
5. Assessor - Eliminated
6 . Street Foreman - This position could better match the metro
averages if moved to Step 3 in the same range .
7 . City Clerk - This position could better match the metro
averages if placed on Step 1 of the same range .
8. Planner - This position could better match the metro
averages if placed on Step 1 of the same range .
All of the bugs are not out of this sample pay scale , but if
Council likes this type of approach, these would be similar to the
recommendation I would make . Positions not mentioned are those
appropriately in their range or close to it .
Alternative Approaches
1. The same pay scale approach can be used with separate
pay scales for clerical , police , public works , and department heads .
2 . The pay scale can be based upon the metro averages . For
example the City could adopt a policy of paying our top person in
each classification 10% less than the over 10,000 population metro
cities average . Then, acs with Police , the five steps would be top,
-5%, -1070, -157 and -2O7 .
Sample Five Step Pay Scale Consolidating All Positions
September 4, 1981
Page -2-
Summary:
Adopting a pay plan does not eliminate making exceptions ,
when they are supported by the "work done" ie: the position' s
(person' s) job description. Having such a pay plan, with the
accompanying job description, allows Council to see the whole
picture and thus fit salaries and positions into an overall plan
in relation to other city employees . Once such a pay scale is
debugged it does not require much work. There is an annual adjust-
ment and an evaluation of a position if a person takes on new respon-
sibilities .
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MEMO TO: John Anderson
City Administrator
FROM: Gregg M. Voxland
:Finance Director
RE: Sewer Service Rates
DATE: September 4, 1981
Introduction:
Staff has been requested to develop a recommendation for 1982 Sanitary
Sewer Service rates.
Background:
Please reference the 1982 Sewer Fund Budget. The City has now obtained MWCC
estimated charges for sewer treatment for 1982. For Exhibit "A", the actual
cost for treatment is $591,690 as opposed to $562,000. For Exhibit "B", the
cost outlay is $566,180 as opposed to $525,700. Continuing on with Exhibit "B",
the total estimated cash outlay is now $715,240.
On the revenue side, the assumptions this recommendation is based on as shown
in the budget are:
1. Number of accounts: 1,800
2. Commercial & Industrial large flow: 410 mg.
3. Commercial & Industrial flow: 445.5 mg.
4. Residential base flow: 29.5 mg/qtr.
5. MWCC cost estimates are accurate.
6. The recommended rate is in effect for 12 months of billings for
1982.
Continuing to extend the tables for revenue projections for each category would
show:
Connections 1800 @ $36/year $ 64,800
Large flow 410 @ $49 mg/year 20,900
Commercial & Industrial Flow
445.5 mg @ $1.14/1000 g2 507,870
Residential Flow
29.5 mg @ $1.14/1000 g x 4 134,520
,, -^,—,^.7,,,72,00704,,,,?-pa.. As4� &n r ,,s S,v-.✓:Ri 1� yztt — M .. ..
John Anderson September 4, 1981
Sewer Service Rates Page -2-
Est. Revenue $728,090
Est. Cash Outlay 715,240
Approximate increase in cash $ 12,850
Approximate Cash Balance 12/31 40,000
If the new rate would be implemented for bills sent out, about 10/1/81, it
is estimated this would raise $40,000 to $50,000 additional revenue. It also
would recover some of the decline in the cash position so that 1982 would then
be in the position of having about 50 percent of the previously recommended
operating cash balance. Previous recommendations were made by myself and
Mr. Pulscher of Springsted to have an operating cash balance of three to
five months operating expenses.
The recommended rate is a 50 percent increase in the flow charge and the
connection charge and is a "bare bones" approach. The current rate adopted
by Council had no increase in the connection charge over the previous rate.
As a rough guideline for considering other rate alternatives, based on the
above assumptions, a $1.00 on the connection charge is worth $1,800 and a
l¢ charge in flow rate is worth $5,635.
GV/jiw
FY
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Open J{ouse
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from one to five o 'cloclr
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4401 Valley Inc/uslriaf JSluol
cStaAopee, J�X. 55379
,RLS U2- UelepAone (612) 445-7226 69 cSepl. 10/A
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Door _Prizes