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Home My WebLink About10/02/1984 - . � ^; � MEMO TO: Mayor and City Council FROM: john K. Anderson, City Administrator RE: `Jon-Agenta Informat iona: :tens DATE: September 26, 1984 1. Z have TK' ed the Cut Scouts remcest to paint our front �indc* on First Avenue for Halloween. They nave assured me they will wash the tempera Paint off within one Aee4. Sary Morke is in charge of the prcJect. 2. Attached is a memo from Tom Browne: l regarding our program for snowmobiles for the winter of 1964-85. if you have additional ideas please contact me. ~ 3. Attached are two stories from the League of Minnesota Cities magazine regarding rejecting bids as not responsible. Frequently ^ Council struggles with this issue so I thought you might be interested in what the courts have to say about not accepting the low bidder. 4. Attached are the minutes of the September 13, i984 meeting of the Shakopee Coalition. | ( S. Attached are the minutes of the August 30, 1984 meeting of the Energy and Transportation Committee. G. Attached are the minutes of tie September 6, 1934 meeting Of the Shakopee Planning Commission. 7. Attached are the minutes of t4e SeLtenber 6, 1984 meeting � of the Boarc of Adjust and Appeals. S. Attached are the agendas "or the Octozer 4, 1984 meetings of the Board or Adjust and Appeals anc the Shakopee Planning Commission. 9. Attached is the monthly calendar for October. 10. Springsted called . on Thursday to inform us that the City re=eived an I rating - not the g-1 ratin2 we had s0:31t from Moody' s. Moody' s told Springsted their is nothing we can do administratively to improve our rating. Everything is riding on growth and development issues. !I. Attached is a letter from Robert Schmitz to Elliott Perovich, Chairman of the Regional Transit Board, supporting implementing the property tau feat4ering of met~o-trarsit service arsas. 12. Attacted is the list of property owners on 5th Avenue with Warjebcrg sanitary sewer and the letter sent to them. ' ' | 13. Good News ! The MWCC is proceeding with the management study we` ve been pushing for thru the Municipal Caucus. 14- We have received a complaint that Wells 7axi will not come out to Snakopee ant transport a customer from one point in Shakopee to another. An anonymous call was placed to Wells Tax! and we were told that tse)/ do serv. the Shakopee area ant would come out, but that tiers would be a one-half tour wait - Judy. 15. Attactet is the 3rd quarter edition of "City Limits". / ! JKA/Jms � � � We apologize for the light type on some of the memos . Our main printer was down and we had to print some agenda items on the matrix dot printer in Engineering. TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJECT: Snowmobiles DATE: September 25, 1984 INTRODUCTION . Council directed the department to address the reoccurring snowmobile problem prior to the 1984-1985 season. BACKGROUND I have discussed snowmobiling with a representative of the snowmobile club who agrees that the following action would be the best approach to minimize the problem. 1 . Regulations will be publicizied in the Valley News , KSMM, Cable, Schools and Utility billing. 2 . Officers will be paid overtime to operate snowmobile during hours violations most frequently occur. Snowmobile club members are willing to provide assistance . 3 . The department will impound all snowmobiles whose operators violate City Code . Code 141 , provides for sixty days impound- ment at a cost of $395. 00 plus a fine. u Didyou know? Stanley Peskar ejecting bids as not responsible When may a city reject a bid as clear until the council goes through the the bidder is merely less responsible not responsible, and what are the process of considering the bids. than another if both are responsible and liability implications? Does due Minnesota courts have not the difference is only one of degree. process require the city to grant addressed the issue of responsibility to (City of Inglewood — L.A. City Civ. the lowest bidder a hearing before any great extent. Other courts have Ctr. A. v. Superior Court, 103 Cal. it can reject the bid as not respon- said that a non-responsible bidder may Rptr. 689, 500 P2d 601.) sible? be one who has failed to satisfactorily Because the definition of responsibil- M.S. 412.311 requires a contract to perform similar contracts for the bid- ity includes the bidder's integrity, abil- go to the lowest responsible bidder. letting public body. U.N. Futia Co. Inc. ity, skill, and likelihood of providing Once a council determines who is the v. Office of General Services, 39 A.D. faithful and satisfactory performance, a lowest bidder, it then must decide 2d 136 332 N.Y.S. 2d 261, 1972.) finding of non-responsibility could dam- whether this bidder is responsible, that Another court has held that if the age the bidder's business reputation. is, whether the bidder has the capacity evidence shows that a bidder has pre- Rejecting a bid as not responsible could to perform the contract. (State v. viously been involved in illegal activities be defamatory. But, truth is an abso- Shively, 175 Minn. 379, 221 N.W. 535, regarding bidding or contract perfor- lute defense to defamation, so if the 1928.) Responsibility includes such mance, he could be a non-responsible statements the council makes in reject- considerations as the bidder's financial bidder. (Mal-Bros. Contracting Co. v. ing a bid are substantially true, the city responsibility, integrity, skill, and like- Kohl, 113 N.J. Super. 144, 273 A. 2d would not be liable for the resulting lihood of providing faithful and satisfac- 357, 1971.) It seems that cities should damage. tory performance. (Kelling v. Edwards, not award contracts on the basis of A councilmember may be personally 116 Minn. 484, 134 N.W. 221, 1912.) relative responsibility. When the city immune from liability in a bid rejection What constitutes faithful and satisfacto- receives more than one bid from even if the defamatory statements ry performance may not be completely responsible bidders on the same piece were not substantially true. Generally, of equipment or equipment of the same statements city officials make during a kind, the council has no choice but to council meeting are qualifiedly privi- NOW accept the low bid. (Otter Tail Power leged provided they are in good faith Co. v. Village of Elbow Lake, 234 during the exercise of official duty and MOBILMinn. 419, 423 49 N.W. 2d 197.) refer to a subject under discussion at (highsweepers • • Courts have held that a council may not the time. However, defendants whose an•' diesel), 'wheelsweepers. reject the lowest bid on the basis that statements are qualifiedly privileged • REMOVAL: WAUSAU(plows, wings, and hitches), HI-WAY sanders, ' ' T • ' • • ■■ EVENSEN-DODGE, INC. oth- ers. ■ FI NANCIAL CONSULTANTS FMC high pressure hydraulic sewer cleaners, both truck • trailer units. Special price on FMC _model 2430 " gal- In over sixty years, Evensen Dodge has become sweepersUSED street and notionally recognized for full service consulting snow removal equipment. activities which include financial planning, long and short term debt structuring, refundings, cash QUALITY equipment for flow analyses, feasibility and project analyses and Minnesotaother financial management services. EQUIPMENTITASCA I Hwy. 13 South. Savage. MN 55378 EXPERIENCE COUNTS—LET IT COUNT FOR YOU. �� i� 3608 IDS Tower,Minneapolis,MN 55402 612-338-3535 800-328-8100 Minnesota 18 Minnesota Cities DON'T MISS A GREAT CHANCE TO VIEW DISCUSSIONS OF TIMELY TOPICS! ORDER TODAY Revised: June 25 VIDEOTAPES OF 1984 LMC CONFERENCE AVAILABLE! The following concurrent sessions and general session speeches are being videotaped at the 1984 LMC Conference.Tapes of these sessions will be available to all LMC member cities on loan for up to 5 days at only $5.00 per tape.Order your tapes now or take this form with you and return the order portion to the League when you determine a schedule for viewing the sessions in your city. The Problem with Property Taxes State Representative John Tomlinson, and the Potential for Change Tax Committee Chair,House John Haynes,Director,Tax and Credit Analysis MN Dept.of Finance Don Paterick,Executive Director, Minnesota Taxpayers Association Groundwater Protection,Session II Eldon Kaul,Assistant Attorney Liability and Insurance Issues General,Chief Counsel to Minnesota PCAT Waste Management Board Ambrose Kelly,former manager,Pollution Liability Association Robert Dunn,Chair,Minnesota Waste Management Board *Tax Increment Financing-Problems&Possibilities GKent ary Eklutd,Vice Pri adte t,Lutheeran Brotherhood ,Publicntus Jim Holmes,Attorney,Holmes&Graven Comparable Worth-How Will It Karen Olsen,Vice President,Labor Affect My City? Relations Associates Cy Smythe,President, Labor Relations Associates Linda Magee,Administrative Assistant, Columbia Heights Dr.John Fossum,Professor of Industrial Relations,University of Minnesota *How To Contain Health Care Costs Jean Durfee,Executive Director,Center for Health Management,Duluth Dr.Thomas Stollee,Physician,Miller Dwan Medical Center City Growth by Annexation-the Chris Hagelie,Director of Planning, Need and the Obstacles St.Cloud LMC Annual Meeting Adoption of Constitutional Amendments;Presentation and Action on LGA Policy Recommendation The How To's of City Celebrations Robert Lavenda,Professor of Anthropology, St.Cloud State University The Urban Frontier-NLC Federal Legislative Priorities Remarks by Carol Bellamy,President,New York City Council, NLC Second Vice President *Earlier form incorrectly listed Shaking Up the Status Quo and Legislative Update.Those sessions were not recorded. ORDER FORM Date order placed Date order received: NAME POSITION STREET ADDRESS CITY ZIP PHONE- I wish to use the following videotapes: 1. 2. 3. Preference for scheduling(for period of up to 5 business days):dates to 1 st Choice to 2nd Choice to 3rd Choice Cost per tape loaned: $5.00 to be paid at the time tape is requested. Checks are to be made out to: League of Minnesota Cities Loan requests will be processed in the order received. Failure to return tape at the end of the period will result in possible additional charge($1 per day). LMC has already loaned 40 tapes to member cities.Try it-You'll like it,too! September 1984 17 may be liable if they exceed the privi- Minnesota case law is not clear on ed to the procedure and thereby lege or if they make the statements whether the lowest bidder is entitled waived their rights to constitutional due with malice. (James v. Monico, 276 to a hearing before rejection of the bid. process. Minn. 371, 150 N.W. 2d 213, 1967.) This question was raised in a case in Until the courts or legislature If the resolution rejecting the bid is which the plaintiff (lowest bidder) con- resolve this issue, councils should found to be defamatory, the city may tended that even if the public official reject bids based on lack of bidder be liable for defamation, in which case had discretion in determining the low- responsibility only after reasonable it seems that the same privilege would est responsible bid, the official had no notice to the affected bidder of a fair apply to the city as to the individual right to reject the low bid without first opportunity to present his side of the councilmember. Furthermore, the city giving the bidder an opportunity to be issue. ■ may be immune under 466.03, Subd. 5 heard. The Court held that the conten- or Subd. 6, dealing with statutory tion was not valid because the bidder duties of discretionary acts. did not request a hearing and practical difficulties exist in applying such a rule. Is a hearing necessary? Apparently the bidder first raised the question on the appeal, so the Court The argument for requiring a hearing decided not to address it. (Keft v. , before rejecting a low bid as not Edwards, 116 Minn. 484, 134 N.W. EXPERTS responsible is based on constitutional 221, 1912.) IN WATER provisions prohibiting the state from The Court's dismissal. of the ques- TANK depriving an individual of property with- tion without investigating the constitu- PAINTING& out due process. To make a claim tional issues involved may signify that REPAI R under the 14th Amendment, the plain- it did not consider them to be very tiff must show that the state deprived important. Today's courts, however, 0 Bonded and Fully Insured a liberty or property interest and did would likely look to more recent cases •AWWA Members so without due process. for guidance on this question and will Over 1Mainten years experience • nance Contracts A bid rejection may cause substantial. not rely on Kelling as authority. •Guarantees on Epoxy Coatings damage to the bidder's business repu- Courts in other jurisdictions have Sand Blasting and Painting •New Bottoms and tation. The absence of notice of an ruled that a hearing is necessary prior Sidewalls Installed opportunity to appear, defend, and to awarding a public works contract to receive a fair hearing may deprive a other than the lowest bidder. A Califor- bidder of property without due pro- nia court held that a "public body must cess. notify the low monetary bidder of any Minnesota law considers the value of evidence reflecting upon his responsi- the way the community views one's bility received from others or adduced • business as property and protects it by as a result of independent investigation, the due process clause of the Consti- afford him an opportunity to rebut such tution. (Connor v. Township of Chan- adverse evidence, and permit him to 2200 Valley View Road hassen, 249 Minn. 205, 81 N.W. 2d present evidence that he is qualified to Sioux Falls, SD 57106 789, 1957.) However, this good will perform the contract. value does not exist separate and apart The dissent noted, however, that TELEPHONE: from the property right to which it is the bidders understood the procedure incident. (MiIler v. Commissioner, 333 before they submitted their bids. In 605-361-0137 F2d 400, 8th Cir. 1964.) submitting bids, they in effect consent- M U N I C I PA L ORDINANCE CABLE TELEVISION Herbst&Thue, Ltd. CODIFIERS, INC. Attorneys at Law Practicing in the areas Exclusively for Minnesota Governmental Units of cable television: • Ordinance Codification • Franchising • Renewals • Charter Revision • Renegotiation • Code Update Service • Rate Reviews • Counsel Admitted to Minnesota Bar • Litigation Contact: Adrian E.Herbst 7400 Lyndale Avenue South, Minneapolis, MN 55423 2030 Northwestern Financial Center 7900 Xerxes Avenue South Phone (612) 869-2403 Bloomington,MN 55431 (612)835-2434 September 1984 19 Small cities 81-year-old mayor keeps Norcross water pumping Even on those rare occasions when "The mayor doesn't run the whole population was about 500 and we had Silas Olson leaves town, water keeps show," he said. "I think that sounds five grain elevators. It was a rough pumping in Norcross. so ridiculous when there's a write-up town. I remember when two guys Understand that there's no public in the paper and the mayor said, `I did were fighting outside the saloon, and works department monitoring the this.' That isn't right, because I'm not blood was flying all over. Then they water supply for the town's 124 resi- running the town alone. I've got a went inside and bought each other dents, and sometimes a responsible board of trustees." drinks. People were rough, but they mayor just has to take matters into his Olson said he gets along just fine had to be to live." ■ own hands. with all the townspeople, and he "19m a working mayor, and I run the remembers only one time when there pump," said Olson, 81, who began his was even a hint of antagonism between r fifth term Jan. 1 as the chief executive himself and city council members. officer of Norcross, about 80 miles "The only trouble was getting the south of Fargo, N.D. streets cleaned up in 1975," he said. I Olson's been in charge of the pump "I told the council I wanted the town w' III since 1977. Each day at 8 a.m., he cleaned up or I'd resign. We had debris walks two blocks from his home in the in the streets, but we passed an ordi- southwestern corner of town to the nance about cleaning them up." pump house. He throws the switch, Nobody has ever opposed Olson in a and water begins filling the city's general election. The closest thing to a 100,000 gallon tank. contest came in 1975, when there were When the tank reaches its capacity rumors of a write-in candidacy against r — usually about 2 p.m. — Olson walks the incumbent. back to turn the switch off. He turns it The result was one of the largest on again at about 4 p.m. and then off voter turnouts in Norcross history, again two hours later. with only seven of the town's 76 "Most cities have automatic registered voters staying home on pumps," he said. "But automatics Election Day. Olson won in a landslide. freeze up a lot. I wouldn't want Olson has been a cornerstone of city one...And I trained a lady to run the government in Norcross since 1947, pump when I can't. It's got to be done when he was appointed to fill a vacancy right, you know." on the city council. And, for the record, Norcross Mayor Silas Olson is in Good help, after all, is essential to no one attempted to unseat him as an charge of the city's water pump. make a city function effectively. alderman. Olson has spent all but nine Besides having a skilled backup person years of his life in the small town in to run the pump, Olson says, he has southwestern Grant County. "It was a Reprinted with permission of the some good aldermen backing him, too. big town at one time, he said. "The Fergus Falls Daily Journal. STERLING CODIFIERS WATERTOWER The Mark of Quality and Service PAINT & REPAIR CO., INC. in Ordinance Codification Prompt Service on Emergency Winter Work Call (515) 357-2101 — 357-2102 35 W. Commercial Street 1165 Waukegan Road Box 67, Clear Lake, Iowa 50428 Weiser, Idaho 83672 Deerfield, Illinois 60015 (208)549-2830 (312)945-8466 "The Tank With The Red Roof" 20 Minnesota Cities Court decisions Jeanette Cizek B requests the conclusion of litigation. Thus, the On appeal, the city had also argued Lcont' A city should reject a bid which Court said, they must bear that risk. that it should not have to make PERA does not comply with the request (Telephone Associates, Inc., v. St. ributions on behalf of the officer for for proposals; it is improper to Louis County Board, Minnesota Court the time between his termination and modify a bid, after opening it, to of Appeals,June 19, 1984.) reinstatement because he was not a bring it into conformity with the member of the fund during that time. requirements of the bid request. Improper discharge The Court of Appeals ruled, however, In 1982, the St. Louis County Board that the city had to make PERA contri- sought bids for the installation of a of a police officer butions because the officer's termina- telephone system in the new State A city must reinstate an improp- tion was improper. (Kunze v. Korol- Office Building in Duluth. The board erly discharged police officer with- chuck, 349 N.W. 2d 337, 1984.) approved a request for proposals which out requiring the officer to pass a the county purchasing agent drew up physical examination, and make Immunity and advertised in the local newspaper. PERA contributions for the time from civil liability One element included the net pres- between termination and reinstate- ent value cost calculations over a five- ment of the officer. An investigator n the county year period. Unlike other bidders, Nor- A police officer had been an employ- attorney's office acting within the scope of his official duties is a stan Communications failed to submit ee of the city of White Bear Lake for ty. A monthly maintenance costs. So, the 22 years. The city fired him in 1978 luimmune from civil liability. County Board estimated this figure by because of an alleged health problem. Aman was charged with theft in the adding two other bidders' estimates The Police Civil Service Commission sale of airline tickets. After dismissal of and dividing by two. The board award- held a hearing and confirmed his job the charges, he brought three civil suits ed the contract to Norstan. termination. Upon the officer's for damages against the Hennepin P petd County Attorney and others, claiming Telephone Associates, Inc., an tion, the District Court reviewed and unsuccessful bidder, claimed the pro- affirmed that decision. The Minnesota abuse of process and malicious prose- cess following the bid opening was Supreme Court reversed. cution. improper and went to court seeking to The officer then sought action from The trial court determined that the compel the county to award the con- the District Court which would compel investigator and the prosecutor who tract to a third party. While litigation his immediate reinstatement onto the prepared the case against the defend- was pending the county proceeded with police force, which the Courtgranted. ant were absolutely immune from civil installation of the Norstan system. The city appealed, claiming that the suit. The Court of Appeals agreed, The trial court denied the motion for officer should have had a physical citing a Minnesota Supreme Court case an injunction and determined that the examination as part of the selection in which the Court determined that a county had properly complied with process for inactive officers under reg- prosecutor who is acting within the competitive bidding procedures. But, Mations of the Peace Officers Stand- scope of his duties is absolutely immune from civil liability. the Minnesota Court of Appeals ards and Training (POST) Board. The reversed, holding that the awarded bid Court of Appeals affirmed the District The policy behind this rule, the had been "improperly modified, not Court's order to reinstate the officer, Court said, is to prevent harell as to responsive and therefore invalid and saying that applicable state law allows by unfounded litigation, ti well as to should have been rejected." a discharge only if an officer is "found ensure that the prosecution remains Citing prior cases, the Court stated guilty of inefficiency, breach of duty or vigorous and fearless." (Barry v. .Johnson, Minnesota Court of Appeals, that if a substantial variance between a misconduct." (M.S. 419.12.) bid and the plans and specifications Because the Supreme Court had 424July U.S. 40 citing I7, 19ler v.Pachtman, exists, it is the duty of the public found no 424 U . 409, 423-27, 1976.) grounds for dismissal of the authority to reject the bid. The test for officer and no evidence to support the Good faith determining whether a variance is finding of a health problem, the review- material, the Court restated, is wheth- ing court said the city must reinstate discovery of evidence er it gives one bidder a substantial the officer without requiring that he Good faith "inevitable discov- advantage or benefit that the others do successfully pass a physical examina- ery" exception is not a violation of not enjoy. tion. The officer "was entitled to be the Fourth Amendment. By inserting an estimated monthly placed in the position he would have On the last day of its 1983-84 term, maintenance cost in Norstan's bid, the enjoyed had there been no discharge; the U.S. Supreme Court held that the Court said, the board allowed Norstan that is, as a currently licensed active exclusionary rule did not bar the pros- a substantial advantage over the other duty police officer," the Court said. ecution's use of evidence that police bidders who had honestly attempted to The Supreme Court had noted that officers seized while acting in reason- estimate a maintenance cost. municipalities have the power to set able reliance on an invalid search war- Further, the Court said, both the health standards for their police offi- rant. county and Norstan proceeded at their cers, but the city of White Bear Lake An Iowa case involved a suspect own risk by installing the system before had not adopted such local ordinances. charged with murder. The defendant September 1984 21 won relief from his first conviction when the U.S. Supreme Court found w Hydro-Scopic 666: that the defendant's right to counsel %yd?Telescoping- had been violated when a detective boom Excavator made a remark to him about "Christian burial" without counsel present, which .;- caused the man to lead police to the body. m The Court expressly left open the ses 0 ► possibility, however, that the evidence •1 • of the location and condition of the "- • r victim's body might be admissible on a V theory of "inevitable discovery." The • Iowa Supreme Court affirmed the The Haranworkin defendant's second conviction because the police had not acted in bad faith Exca vator You Can when obtaining the evidence. The U.S. Supreme Court upheld this Dave On Any Rotid conviction, ruling that the benefits of barring evidence obtained through Powerful. Fuel efficient.Easy to reasonable reliance (on a search war- operate. . . Thats the new,Badger rant ultimately found to be invalid) did Hydro-Scopic 666:no other rubber- not justify the costs of excluding such - ee exclusionary rule 3 e rfor, evidence. It said the �1' h more e tired �,yd. excavator as pe aux mance for traveling or working. should not deter objective reasonable On the road,the 200 BHP turbo- police activity, especially when an offi- diesel carrier engine, 13-speed Road- cer acting in good faith has gotten a ranger transmission and compact search warrant. turning circle deliver speed and drive- Writing for the majority, Justice ability to travel rapidly to the sitepurpose of the exclu- On the job, the balanced, variable- White said the flow hydraulic system and 140 BHP sionary rule is to return the parties to _ turbo-diesel upperstructure engine the position they would have been in produce more work from every gallon had there been no illegal police action. of fuel.Operators quickly master the Excluding evidence that police inevita- two joysticks for total excavator control and the two foot pedals for total bly would have discovered would put carrier control.All functions are constantly available and easy to operate. them in a worse position than if they To adapt the 666 for a wide variety of digging,loading and grading tasks, hadn't made an error. eleven working tools are available and can be interchanged quickly. "Particularly when law enforcement Don't buy any },yd?excavator without investigating the 666.Contact your officials have acted in objective good dealer or call us direct.With its exceptional driveability,maneuverability and faith or their transgressions have been performance,this is the hard working excavator you can drive on any road• e magnitude (The Hydro-Scopic 666 is also available mounted on crawler-type or 4x4 of the benefit conferred minor," White wrote, "thh such guilty rough-terrain undercarriages.) defendants offends the basic concepts The Badger Line- of the criminal justice system." Evidence is not automatically admis- Hydro-Scopic(Carrier): 4 models of Hydro-Scopic(Crawler): 4 models sible where an officer has conducted a rubber-tired,telescoping-boom excavators of track-mounted,telescoping-boom from y&to lyd' excavators from 1/2y&to lyd?capacity. t search in compliance with a warrant, capacity. however. White warned that an offi- cer's reliance must be objectively reasonable; the officer must objectively S and reasonably believe that probable Hydro-Cruiser: 3 models of Badger: 4 models of 4x4, cause exists and must not have been 4x4,telescoping-boom rough-terrain cranes from 25 ton to 50 ton dishonest or reckless 1n preparing the excavators from acit ca 'hyd3 to 3/aYd3 � _a P Y• Warrant affidavit. capacity. HOPTo: 5 models of — -- Although agreeing that the good faith track-mounted back hoes = exception should be valid, the justices from lyd?to sy&capacity. did not agree over how much proof the �! state must show before the evidence would be admissible. Seven of the w ® Ar justices decided that a "preponderance of the evidence" is sufficient. Justices Brennan and Marshall dissented, stat- Badger tat- • • " Construction Equipment ing, "The Court's victory over the •P' _ _American companyso Fourth Amendment is complete." (Nur Phone minnta 55987 _ . v. Williams, U.S. Supreme Court,June 11, 1984.) ■ Minnesota Cities 22 SHAKOPEE COALITION September 13, 1984 The meeting was called to order by Chairman John Neely at 7:10 a.m. at the Citizens State Bank Community Room. Members present: Virgil Mears ISD ,#720 & Chamber of Commerce John Neely Valley News John Leroux City Council Deloris Gorman Community Services Barry Stock City of Shakopee Jim Streefland Lions Club Joan Salter Food Shelf Brian Norris Citizens Bank Kathy Lewis Community Services Gene Skalsky Knights of Columbus Jackie Kes Scott/Carver Economic Council Bill Streff SACS School John Anderson City of Shakopee George Muenchow Community Services George Muenchow volunteered to serve as Acting Secretary. Virgil Mears reported on the Scott/Carver Economic Council: a. There is a current fundraiser with a goal of $125,000.00 for non funded programs (example - battered women . A folder was distributed and a request was extended to help find a chair- person from Shakopee. b. There is a search for a permanent home to bring most of the divisions under one roof and avoid having periodic movements from one temporary home to another. Scott County Commissioners are sympathetic to pro- viding help. Carver County Commissioners are not interested. Currently are looking at the Niinnegasco Building. c. It was noted that 105% of this agency's funds are returned to the local community in contrast to the United Way which returns approximately 10%. Jackie Kes reported that the Food Shelf served 100 households in August. Barry Stock reported on the Shakopee Transit Program: a. Shakopee has opted out of MTC and receives 90% of funds generated from this area. b. Comparison of cost of vehicles: $224,000 for two MTC buses; $36,000 for two vans to serve local area. c. Current ridership is anticipated to be doubled. d. Van pools will take care of local area. $1 .53/person subsidy currently by MTC; if vans are full, the subsidy will be zero. e. Dial-A-Ride Vans are cheaper if calls are made in advance. This program to start October 15. f. Study is being given to possibility of offering shuttle service to industries considering to settle in Shakopee. At present time no other Minnesota communities can do this. Shakopee Coalition September 13, 1984 John Leroux provided an overview of current City Council major concerns : a. The Recetrack is moving and growing. They are good people to work with. This project has forced the City of Shakopee to push along a planned development path. b. The downtown revitalization plan was adopted last Tuesday evening. It has enhanced momentum in the area. It will encourage high density residential development in the downtown area. c. Shakopee Community Access Cable Corporation is looking for money to expand its efforts. d. MCIW ground breaking ceremony will be Wednesday, Sept 19, at 10:00 a.m. e. Grade crossings in Shakopee are being studied for reasons of safety. f. There is a planning committee investigating where to locate a City Hall if and when one would be constructed. g. The County #18 Bridge and Bypass possible might be projected for construction 1985-1990. It was announced that Dr Robert Mayer has resigned as Superintendent of Schools effective July 1, 1985. The chairman thanked everyone for attending this interesting meeting and asked that everyone help a little bit in securing additional representation from other groups in the community. The meeting was adjourned at 8:00 a.m. Respectfully submitted, George F. Muenchow, Acting Secretary i I PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 30, 1984 Chrm. Dunwell called the meeting to order at 7:36 p.m. with members Weeks, Schwingler and Ziegler present. Member Spiotta arrived later. Also pre- sent were Barry Stock, Transit Coordinator and Judi Simac, City Planner. Ziegler/Schwingler moved to approve the minutes of July 19, 1984. and August 1, 1984 as kept. Motion carried unanimously. Mr. Stock said the City only received one van pool proposal. He thinks some of the possible bidders were not able to meet the time line for having the vehicles ready. He stated that Van Pool Services' bid addressed every- thing contained in the specs. He said he will be making some changes for the collection of fares and reimbursement. Member Spiotta arrived and took her seat at 7: 39 p.m. Mr. Stock said the garage is proposed to be located on CR16. He said he would also like to try to get 300 miles for personal use of the driver and back-up driver, rather than just 150, so that might be changed through a negotiation. The management fees incurred by Van Pool Services will be billed to MnDOT, not Shakopee, because they are already under contract with MnDOT to provide van services. Mr. Stock said a decision should be made regarding the back up vehicle. He would recommend just keeping one back-up vehicle between both the van pool and the Dial-A-Ride system, on a trial basis. If there is a problem, another vehicle can be added later. They will have one driver on call at all times, in case of a break down in the vehicle. Mr. Stock explained that the 12 passenger vans will be new, but the 15 pas- senger vans will be 1982 models until they are replaced with new ones in January. The contract for the van pool will follow the format of the Dial- A-Ride contract. Ziegler/Schwingler moved to recommend to City Council awarding the van pool system contract to Van Pool Services, Inc. , pending final MnDOT approval. Motion carried unanimously. Mr. Stock went over the 4 golden rules for transit, which he would plan to post in all vans. It was stressed that the individual. vans should be flex- ible and autonomous. Schwingler/Ziegler moved to adopt Transits Four Golden Rules as follows, and have them posted in all Shakopee Area Transit vehicles: 1. Be on time for your pickup. Transit vehicles cannot wait for passengers. 2. Smoking is not allowed in the transit vehicles. u Shakopee Energy & Transportation / August 30, 1984 S Page 2 3. Clean up after yourself. 4. Be courteous and respectful at all times. Continual violation of any of these rules shall be sufficient cause for denying the offender access to the Shakopee Area Transit System. Motion carried unanimously. Discussion ensued regarding various van pool policy decisions, as follows: Issue No. 1: Van pool picking up other riders on the way to its pre- determined destination. Mr. Stock's recommendation would be to pick up these other riders, pending availability of seats, but to charge them an additional $1.00. After further discussion regarding Issue No. 2, consensus was to allow the van pools to pick up passengers outside of Shakopee on the way to its pre- determined destination. Issue No. 2: Out of town residents driving to Shakopee should be able to use the van pools the same as Shakopee residents. Mr. Stock's recommendation, after meeting with potential passengers, is to give out of town residents the same privileges as Shakopee residents in using the van pools, on a trial basis from September 24, 1984 to December 31, 1984. His major concern is that someone in Shakopee might consider this subsidizing out-of-town people. If there are a lot of complaints, it will be evaluated, with the possible solution of allowing those people to ride at an additional fare. Discussion followed covering out-of-towners riding on a space available basis only, the responsibility of Shakopee to replace existing service which is now serving those out-of-towners, and starting a waiting list for passengers in excess of the capacity of the vans until there are enough to requisition another van. Member Schwingler suggested seeking guidance from MnDOT about providing service to out-of-towners, and charging additional fares. Issue No. 3: Allowance for occasional rider on the fixed route daily van pool. Mr. Stock's recommendation, after the passenger meeting, is to run two half- empty vans on the same MTC route that is currently being driven, on the later schedule, to allow flexibility to all riders. Issue No. 4: Problem riders. Mr. Stock's recommendation would be to have the driver handle as many problems as possible, with the next step in authority to be the Transit Coordinator, and the Energy & Transportation Committee as final appeal. He might make up a little booklet about the mechanism for appeal, or post the procedure in the vans. Shakopee Energy & Transportation August 30, 1984 Page 3 Schwingler/Weeks moved to adopt the recommended alternatives as formal policy regarding the 4 issues for the van pool system. Mr. Stock was requested to re-write the policy in a concise form as approved. Motion carried unanimously. Mr. Stock reported that his meeting with MnDOT and MTC went very well, with both agencies being very cooperative. Pursuant to those discussions, he has sent a formal letter from Shakopee to MTC stating that Shakopee will be Opting Out on September 24, 1984, and therefore is requesting that MTC cease its service on September 23, 1984. After the van pool organizational meeting, Mr. Stock found there was only one person who needed a transfer, and his recommendation would be to pur- chase one All-You-Can-Ride ticket for that passenger for a trial period of September 24, 1984 through December 31, 1984 and evaluate it after that time. This means the occasional rider would not be able to transfer. There is still the possibility of reciprocity with MTC, which can be worked out later, if necessary. Mr. Stock said the vans can use the bus lanes on the freeway, but not down- town. The fares will be available in a monthly ticket for $47.50, which represents riding two days free. There will be a one-way punch card for the occasional rider, which will be $2 per day. So far only 4 people have signed up as occasional riders. He said the tickets will be available at City Hall, Berens and Juba's. The drivers will accept no cash. The weekly ticket will be $2.50 p&r day. There will be a provision for holiday weeks, for $10 per week. The vans will not run on Federal, legal holidays. Mr. Stock pointed out that the tokens for the Dial-A-Ride will be transferrable on the van pool, worth $1 each, so a very occasional rider could pay 2 tokens down and 2 tokens back to go downtown. Mr. Stock went over the number of vans and people signed up for them, the times and the routes. There is one van going to the U of M, which will be one of the flex-pools. Mr. Stock said it takes 30 days to get an additional van after one is requested, so in a couple of weeks he will have to cut off any passenger requests and put them on a waiting list until there are enough to warrant another van. He will check on insurance liability if everyone is not seated on the van. Consensus was to have the press conference on September 10, 1984. Mr. Stock said there will be an official ribbon-cutting ceremony later in October, with officials and dignitaries present for the new transit system. He has a couple more meetings scheduled with the passengers and drivers to go over the routes, etc. , and an advertising brochure will go out with the October utilities billing. Van Pool Services is checking out parking places downtown, and he will also get out a list of pick-up places downtown. Mr. Stock said that now that the contract is awarded and we know the phone number, we should be getting some of the promotional materials by the end of September. He is ordering the banner next week, which will go over Holmes Street. a Shakopee Energy & Transportation August 30, 1984 , ' Wage 4 The City Planner said there is a Planning Commission meeting that conflicts with the next regularly scheduled meeting of this Committee, and suggested changing the meeting to September 27, 1984. Ziegler/Schwingler moved that when the Committee adjourns, it adjourn to September 27, 1984. Motion carried unanimously. The City Planner said the final rules for the Energy Grants will be published September 4, 1984, with the deadline application only one month later, on October 4, 1984. There is also a need for City Council to pass a resolution, because of the 10% match required by the City. She asked anyone who has additional ideas to get in touch with her. The City Planner said that pursuant to her discussions, she believes that if this Committee does some kind of an outreach under the guidelines and com- bines it with cable coverage, it would be enhanced. She suggested some type of energy-efficient workshop with various company representatives giving advise and information and free samples of energy products and check-lists. There could also be speakers and interviews, and it would all be cable-cast. Her other idea would be an expansion of the re-cycling efforts now being done by the Scouts. They now collect paper and glass, and she suggested adding aluminum to that program. She also suggested purchasing sets of different colored bins specially designed to be used with re-cycling programs for individual use in sorting items for re-cycling. There could be a target area and a demonstration program, with a rebate for their use or some incen- tive. This would have to be a collaborative effort. She said the idea would be an education for the public. Discussion followed. The City Planner clarified that there could be up to $15,000 in the grant, with the City matching with 10%. Consensus was to pursue the re-cycling idea, bringing back further information at the next meeting. Ziegler/Spiotta moved to adjourn at 9:41 p.m. Motion carried unanimously. Judi Simac City Planner i Diane S. Beuch Recording Secretary Fzq; PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 6, 1984 Chrm. Perusich called the meeting to order at 7:38 p.m. with Comm. Czaja, Koehnen, Stoltzman, Schmitt and Rockne present. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. ; H. R. Spurrier, City Engineer and Cncl. Vierling. The minutes of August 9, 1984 are to be changed to reflect a starting time of 7:52 p.m. Comm. Schmitt requested a change in the minutes on Page 4, 9th paragraph, 4th sentence, where "be deleted" should be added after the word "center". Comm. Koehnen pointed out that on Page 8 and 9 of the August 9, 1984 min- utes, under the Public Hearing for the Harrison and Brooks Superette re- zoning request, she would like additional discussion included relative to the fact that this is not the same request that was brought in a few years ago. At that time the City Planner added that this was a City initiated process, which Comm. Koehnen felt took off the pressure of dealing with the request in such a hurry. Schmitt/Czaja moved to defer consideration of the minutes until September 20, 1984. Motion carried unanimously. PUBLIC HEARING - AMENDMENT TO CITY CODE RE: ROAD LENGTH Stoltzman/Rockne moved to open the public hearing regarding the considera- tion of an amendment to City Code, Section 12.07, Subd. l.f to provide for roads that terminate at regional facilities to exceed the maximum len3th. Motion carried unanimously. The City Engineer explained that the only purpose of these roads to regional facilities is to serve the facility itself, usually terminating at a park- ing lot. Comm. Koehnen asked about the similarity of a road going across the sludge farm, which is a regional facility. The City Engineer responded that was discussed as a way to circulate community traffic, which is a dif- ferent circumstance, and would require dedicated right-of-way. Comm. Schmitt expressed his preference to using a variance, rather than amending the ordinance. The City Admr. replied that the City would still not lose its ability to approve or disapprove roads; this was just the mechanism City Council preferred. Discussion followed regarding the advisability of continuing the north/south collector street to CR16. Comm. Schmitt felt that alternative had not been looked at sufficiently. The City Engineer responded to his concerns re- garding the capacity of CR17 and the ability of the existing roads to handle the proposed traffic and general traffic flow around the Racetrack. He added the reluctance of the City to cross the large drainage way between the termination of this road and CR16. Chrm. Perusich asked if there were any comments from the audience, and there was no response. Shakopee Planning Commission September 6, 1984 Page 2 Schmitt/Koehnen moved to close the hearing. Motion carried unanimously. Schmitt/Stoltzman moved to recommend to City Council denial of this pro- posed amendment to Section 12.102 and 12.07 regarding a regional facility and cul-de-sac length, on the grounds that the Ordinance already provides a means for dealing with extended cul-de-sac beyond that allowed in the Ordinance by variance, and the wording is too broad and the entire traffic issue around the Racetrack should be re-examined. Motion carried unani- mously. PUBLIC HEARING - PEARSON CONDITIONAL USE PERMIT REQUEST Czaja/Stoltzman moved to open the public hearing regarding the request for conditional use permit to construct a temporary concrete and ready mix plant at SWI of Section 2, E. Hwy. 101. Motion carried unanimously. The City Planner went over the considerations of the request, and stated the plant is already in use at the site. She said staff recommends approval of the request, with conditions. Mr. Pearson said the rock is coming from Prior Lake Aggregate. He said the existing pit is depleted. He said there is just a little waste cement from washing out the truck barrels, which goes into the hole. He said they are one bench above the lowest point of the pit. Comm. Czaja expressed his concern about seepage into the water table. Dis- cission followed regarding the ingredients of cement and if any of it is hazardous. Mr. Pearson said all the ingredients come out of the ground, so he didn't see how it could pollute it. He volunteered that if the waste cement is a concern, they could discharge it in an area on top which has nothing to do with the pit itself. Clete Link stated that wells are lined with concrete, so he wouldn't think there would be any harm to the water. Mr. Pearson said the reason they aren't on the Racetrack site is that there wasn't any area open for their location, and there is also a problem with the availability of water. Chrm. Perusich asked if there was anyone in the audience who wished to com- ment, and there was no response. Schmitt/Rockne moved to close the hearing. Motion carried unanimously. Rockne/Stoltzman moved to approve Conditional Use Permit No. 370 with the following conditions: 1. The permit is temporary and will expire on Dec. 31, 1985. 2. All parking and loading will be done off-street. Schmitt/Czaja moved to amend the motion to add a condition that all washing and cleaning of trucks be so done to avoid any spill-over into the pit. Motion to amend carried unanimously. Main motion as amended carried unanimously. Shakopee Planning Commission September 6, 1984 Page 3 PUBLIC HEARING - COLL-PRAHM CONDITIONAL USE PERMIT REQUEST Czaja/Koehnen moved to open the public hearing regarding the request for a conditional use permit to reduce the number of required access drives at 2400 E. 4th Ave. Motion carried unanimously. The City Planner went over the considerations and stated that staff re- commends approval of the amendment. She said the temporary occupancy permit was granted because the site was developed with one access, and it was conditioned upon the applicant seeking approval from Planning Com- mission for only one access. Comm. Schmitt said he thinks the wording of the conditional use permit is clear, and the issuance of a temporary occupancy permit was out of line. He also thought it had taken the applicant a long time to come back to Planning Commission with a request for a reduced number of accesses. The City Engineer responded that there really hadn't been that much time since the occupancy permit was issued. He said he had approved only one access in view of the fact that additional trees would have had to been removed that would later be needed for screening in order to satisfy that one condition. He put on the condition that applicant apply for an amend- ment by September 15, 1984 or construct an additional drive-way. The ap- plicant is still hoping for permission from the owner to access the original drive-way, which would necessitate the minimum grading and would save the trees for screening. The City Engineer stated that bids for the construction of Shenandoah Drive will be received September 16 and awarded September 18. The City is in condemnation proceedings with one property owner, which could delay the construction, but only until mid-October. lie suggested that the applicant could be required to provide that second access to Shenandoah Drive, even if it is a road bed, and not a completed road. He said the City could guarantee to maintain this access, at a cost to the applicant. Elmer Prahm said that when the project was started, one access was thought enough. He said the one access to the west is serving the volume of custo- mers adequately. He said another access to the east would not serve the traffic, and only destroy trees. Chrm. Perusich asked if there was anyone in the audience who wished to com- ment on this issue. Nancy Goemer,who said she lives kitty-cornered from the ballroom, said that for the safety of that number of people, there should be another access. She said there isn't any other way out, even cross-country, and there should be another access until Shenandoah Drive is completed. Dean Colligan, one of the developers, said the building was turned three- quarters to facilitate the north/south collector and was set back 90 feet to preserve the berming of the trees and they have also agreed to bring in more trees to fill in the area. He said now the City is asking them to take out the trees and put in a road for $4,000 which will not be needed. The entrance will be at the east. He said in any industrial park one entrance is all that is required. Shakopee Planning Commission September 6, 1984 Page 4 Gene Goemer, 2525 E. 4th Avenue, said the developer has only one drive-way, and no street lights, and he has people all week-end turning around in his drive-way because they can't find the road. He said the facility isn't even half done, and you are letting people in. Mr. Colligan stated that the City Council directed SPUC to put the lights in because of the construction of the north/south collector street, and he has no control over their schedule. He stated the parking lot and building are well lit. Discussion followed about possibilities for alternative temporary access roads. Czaja/Schmitt moved to close the hearing. Motion carried unanimously. Schmitt/Stoltzman moved that condition No. 3 of Conditional Use Permit No. 358 be amended to provide an easterly access to Shenandoah Drive by a negotiated agreement with the City by November 1, 1984, if possible. If this access cannot be insured, a temporary access shall be provided no later than November 1, 1984. Motion carried unanimously. Mr. Goemer said he has 15-20 cars turning around in his drive-way, and people knock at his door to ask where the ballroom is. Mr. Prahm said the entrance is marked with a lighted sign, and they are waiting for SPUC to provide additional lights. Schmitt/Czaja moved to refer to SPUC the issue of lights at the entrance to Shenandoah Ballroom, and request an answer back at the next meeting. Motion carried unanimously. PUBLIC HEARING - KRAUS-ANDERSON CONDITIONAL USE PERMIT Czaja/Koehnen moved to open the public hearing regarding a request for a conditional use permit to construct a temporary asphalt plant at the Shakopee Racetrack site. Motion carried unanimously. The City Planner went over the considerations and stated staff recommends approval with conditions. Comm. Czaja initiated discussion relative to possible interference of the temporary asphalt plant with the private airport owned by Mr. Koskovitch. A representative from the Racetrack said there were trees between the plant and the airport, which were higher than this plant will be. Comm. Schmitt was also concerned about emissions from the stack which might interfere with the planes. The City Engineer said this plant will not violate any conditions of the Indirect Source Permit, which addressed noise. Chrm. Perusich asked if there were any comments from the audience, and there was no response. Rockne/Schmitt moved to close the hearing. Motion carried unanimously. Schmitt/Stoltzman moved to approve Conditional Use Permit No. 371, subject to the following conditions: 1. The conditional use approval will be temporary and shall expire on June 30, 1985. Shakopee Planning Commission September 1, 1984 Page 5 2. The applicant shall take adequate measures to control dust and odors. 3. The applicant will not violate any conditions of the Indirect Source Permit. 4. The plant be so placed so as to not be in the east/west flight line of the airport that adjoins the property to the east. Motion carried unanimously. PUBLIC HEARING - PUMP AND METER CONDITIONAL USE PERMIT Czaja/Koehnen moved to open the public hearing on the request for a condi- tional use permit to install a self-service fuel station at the proposed Tom Thumb store located at CR17 and CR16. Motion carried unanimously. The City Planner went over the considerations, pointed out the plat on a map and stated that staff recommends continuance of this public hearing un- til September 20, 1984. Chrm. Perusich asked if there was anyone in the audience who wished to com- ment on this issue. Mr. Lindstrand asked if the placement of the gas pumps would affect the configuration of the intersection at CR16 and CR17. The City Engineer re- plied that the Scott County Highway Dept. is undertaking a study of the geometries of that intersection, to make recommendations to the City re- garding the configuration of the intersection. That information should be available for the Sept. 20 meeting. In addition, the City Engineer said an agreement has been reached regarding curb cuts on CR17 in the event all of the lots would be platted. Jerry Hertel, one of the partners in the project, said they will be leasing the space to Tom Thumb, and at this time no decision has been made by them about whether it will be a 24 hour service. However, he would think that since this is more of a residential operation, there probably would not be sufficient traffic to justify a 24 hour operation. Mr. Hertel added the lighting would be similar to that in their other pro- ject in Burnsville, where the lights are aimed at just the immediate area of the pump island. Mr. Dean Willis, of Pump and Meter, Hopkins, said the lighting does not re- flect outside the canopy. Chrm. Perusich asked if there was anyone else in the audience who wished to comment. Mr. Willis discussed the specifications for burying the tanks. He said they have had experience in drilling through rock, and they will do the job properly. Dick Schmid, contractor, said he has submitted to the City a plan for the landscaping and have taken into consideration the ordinance that is proposed for design standards and landscaping. Schmitt/Czaja moved to continue this conditional use application public hearing until September 20, 1984. Motion carried unanimously. Shakopee Planning Commission September 6, 1984 Page 6 DISCUSSION - CITY CODE AMENDMENTS FOR USES AND PERFORMANCE STANDARDS The City Planner said the City Council requested the issues of commercial recreation as a conditional or permitted use, acceptable building mat- erials and required setback for parking be referred to ICC to make re- commendations to the Planning Commission. COMMERCIAL RECREATION: This would affect Valleyfair and a portion of the Racetrack. The advantages and disadvantages were reviewed. ICC recommended drafting a definition for large commercial recreation facilities to allow Valleyfair and Racetrack to remain permitted uses, while requiring other commercial recreation to be conditional uses. The other alternatives were reviewed. The City Admr. said the affected parties felt requiring conditonal use permits for every con- struction would be a hardship and they don't always know far in advance what changes will be made. Comm. Schmitt said an ordinance can't be just designed around two large attractions, as there will probably be more in the future. Tippy Harrison said that based on his participation with Valleyfair, construction is subject to new developments in the industry and exactly what type of ride, etc. is going in is not known a long time in advance. Discussion followed regarding the advantages of using the PUT) idea, with a long term concept plan that could be reviewed annually. Chrm. Perusich said he doesn't like the idea of two sets of standards, one for the large operator and one for the small guy. He doesn't like the idea of money setting the requirements. Discussion continued regarding requiring a plat, which the City Planner questioned. Mr. Bruce Malkerson stated there are statutory res- trictions on the City's power of platting. He doesn't think the concept plan can be accomplished under a platting requirement. The City Engineer added that anyone who undertakes any kind of land-disturbing activity must submit a drainage plan. All agreed Planning Commission should have some kind of involvement in future developments in commercial recreation facili- ties; the question is of degree. The City Admr. suggested that if an individual or aggregate land use changes from the concept plan by a certain percentage of land or money, then a review could be required. Mr. Bruce Malkerson said he believes Valleyfair and the Race- track should be permitted uses, but there could be a requirement that land use changes of over 5%-10% of the concept plan require a conditional use. Or a new commercial recreation facility could be under the conditional use permit the first time, but after that becomes a permitted use and treated as a permitted use. Schmitt/Stoltzman moved to turn this issue back to staff to further research these suggestions and alternatives made tonight. Motion carried unanimously. Schmitt/Czaja moved for a 3 minute recess at 10:18 p.m. Motion carried unanimously. Chrm. Perusich called the meeting back to order at 10:26 p.m. l Shakopee Planning Commission September 6, 1984 Page 7 ACCEPTABLE BUILDING MATERIALS: This issue mainly concerns the acceptance of steel as a building material. The City Planner read over the alternatives and the advantages and disadvantages of each. Comm. Schmitt pointed out that the proposed ordinance did not eliminate steel as a building material, but just eliminated it for the side of the building facing a public roadway. The City Planner said Mr. O'Brien referred the City to an ordinance dealing with acceptance of steel from the Steel Assoc. Comm. Schmitt said he is comfortable with the wording as it is. He passed out pictures he took of some of the more than 36 steel buildings in Shakopee that serve as places of business. He observed that the businesses that have gone to facing the steel with other materials fronting the road- ways have also done other things with their property as far as plantings and landscaping. Schmitt/Rockne moved to clarify that the intent of the regula- tion of building material does apply as proposed to the visible portion facing a public roadway, as outlined in the recommendation. Mr. Malkerson asked for consideration of "places of public assembly" as being adjacent to the building. He also asked for a clarifi- cation in the degree of a building fronting a public right-of-way as far as distance is concerned. He would think this would apply only to the front yards, as defined by zoning ordinance. Czaja/Stoltzman moved to amend the motion to clarify that the "places of public assembly" be a reference to off-site screening for the adjacent place, and also to clarify that the front of the building that cannot be steel would be determined to be that side that fronts the public roadway. Motion to amend carried unanimously. Main motion as amended carried unanimously. REQUIRED SETBACKS TO PARKING: The City Planner went over the alternatives for this standard. She said the ICC's recommendation is to exempt presently platted properties. Schmitt/Czaja moved that the existing recommendation be allowed to stand. Motion carried unanimously. FURTHER ICC RECOMMENDATIONS RE: TREE AND LANDSCAPING REQUIREMENTS: The City Planner stated she thought the recommendation that the requirement of planting a tree every SO feet not be retroactive was based primarily on economic reasoning. Schmitt/Czaja moved to retain the requirement for tree planting as recommended. Motion carried unanimously. The City Admr. recalled discussion by the ICC as to the land- scaping requirement along the front yard setback would not be aestethically pleasing. Consensus was the screening could be very flexible, as long as it minimally screened the headlights. Schmitt/Czaja moved to retain the existing recommendation for landscaping. Motion carried unanimously. DISCUSSION - B-2 DISTRICT PLANNING STUDY The City Planner went over the major parts of the B-2 District study, and went over the recommendations of staff regarding the existing B-2 District, permitted and conditional uses and lot area requirements. She said City Council has asked Planning Commission to set a public hearing for September 20, 1984 dealing with the B-2 District and amendments. Shakopee Planning Commission September 6, 1984 Page g Discussion was held regarding the alternatives suggested in the study, with comments made against having residential on the heavily trafficked CR17, where it would desirable for businesses, if the curb cuts can be minimized. The alternatives were looked at in light of unifying present uses and not create spot zoning or isolation of existing uses. The City Admr. proposed another alternative which would be to re-zone the B-2 around the three corners of the intersection of CR16 and CR17 to B-1 or B-2 with one acre minimum lot size, and give the rest of the area more time to be researched. That would allow a proposed development to happen, without having to make a definitive decision on the mst of the B-2. The City Engineer discussed the philosophy that the perimeter of the land has to help the interior, which is the argument against B-1 on both sides of CR17 for a certain depth. The City Admr. added the City Council does not want too much B-1 at one time. Clete Link said that because of the cost of the lots and the construction costs with the existing rock, R-4 just cannot cost out. He added that the land west of his along CR17 is owned by a group that is trying to put to- gether an office building for Control Data, so he is sure they do not want residential zoning there. The City Admr, pointed out that the City just doesn't want the zoning isolated. Mr. Link added that as long as there is a Lenzmeier living, they will farm their land so there are no plans for future development in that area, and the City should look at it as a long term AG area. Mr. Lindstrand stated he has had developers turn down R-4 because of the cost of development. He said there are half a dozen proposed projects that want some kind of commercial development for his land at the intersection of CR16 and CR17. Mr. Link believes if there are buyers who want commercial, the City shouldn't worry about having too much B-1. Discussion continued regarding the definition of B-2, with consensus being to agree with the neighborhood development definition, and mixed opinions regarding the shopping center language. The City Planner clarified that she was trying to encourage the PUD concept. The City Admr. said there could be a staff stance to encourage PUD's without specifically stating it in the definition. There was consensus to delete the shopping center language. Schmitt/Czaja moved to propose altering the present B-2 Zoning District de- finition as follows: 1. Reduce the minimum lot size from 5 to 1 acre, and incorporate the front yard setback to include those setbacks appropriate for major arterial (70 feet) and major collector (40 feet) streets; and 2. In the definition of purpose, delete the 3rd sentence re- ferring to shopping centers. Tippy Harrison inquired as to the difference in conditonal and permitted uses as to how his car wash is affected. The City Admr. said he is a conditional use, which is a permitted use with conditions. Mr. Harrison said he would think his would be a community business, as he works off a 3 mile radius and does 50% to 60% of his business on week-ends. He asked why one type of com- munity businessis differentiated from another. The City Engineer replied that it is in the character of the business. Shakopee Planning Commission September 6, 1984 Page 9 Mr. Malkerson asked for a one-half acre minimum lot size, as Brooks Superette is less than one acre. The City Admr. said they would pursue a legal opi- nion as to whether or not the smaller size would be a problem. Mr. Malker- son thought if Planning Commission made it clear that the existing lots that were smaller than one acre would be conforming, that could clear it up. The City Engineer mentioned that Brooks Superette has agreed to dedi- cate some land for an additional turning radius if needed, and he would hate to see that work against them regarding lot size. The City Admr. said ad- ditional information should be available by the September 20 meeting. Motion carried unanimously. Czaja/Rockne moved to accept the B-2 Planning Study performed by John Shardlow. Motion carried unanimously. PUBLIC HEARING (CONT.) - HARRISON AND BROOKS SUPERETTE RE-ZONING Koehnen/Schmitt moved to remove discussion from the table. Motion carried unanimously. Czaja/Schmitt moved to re-table the applications of Harmon Harrison and Brooks Superette for re-zoning. Motion carried unanimously. Czaja/Schmitt moved to recommend the zoning for Harmon Harrison and Brooks Superette be changed to B-2, to be considered September 20, 1984. Motion carried unanimously. PUBLIC HEARING (CONT.) - LINDSTRAND RE-ZONING REQUEST Schmitt/Rockne moved to remove discussion from the table. Motion carried unanimously. Schmitt/Czaja moved to re-table the application of Carl Lindstrand for re-zoning. Motion carried unanimously. Schmitt/Stoltzman moved to consider the zoning for the Lindstrand parcel to be B-2, to be considered September 20, 1984. Motion carried unanimously. DISCUSSION - RECONSIDERATION OF RE-ZONING ALONG CR17 Schmitt/Stoltzman moved that the condition for the one acre minimum lot size be deleted from the re-zoning for Clete Link.and referred back to City Council. Roll Call: Ayes; Schmitt, Stoltzman Noes; Rockne, Koehnen, Czaja, Perusich Motion failed. Schmitt/Czaja moved to table consideration of this request until September 20, 1984. Motion carried unanimously. PUBLIC HEARING - PRELIMINARY AND FINAL PLAT OF CENTURY PLAZA SQUAME Schmitt/Czaja moved to open the public hearing regarding the preliminary & final plat of Century Plaza Square 2nd Addition. Motion carried unanimously. Shakopee Planning Commission September 6, 1984 Page 10 G Schmitt/Czaja moved to table consideration of this plat until September 20, 1984. Motion carried unanimously. DISCUSSION - RECONSIDERATION OF RE-ZONING FROM R-4 to I-1 Schmitt/Stoltzman moved to refer the matter back to City Council until October 4, 1984. Discussion followed. Motion failed with Comm. Koehnen, Rockne, Czaja and Perusich opposed. Koehnen/Czaja moved to table consideration. Motion carried unanimously. INFORMATIONAL ITEMS Chrm. Perusich informed the Commissioners that he has submitted his resig- nation from the Planning Commission, stating the long hours were interfering with his job. The City Planner informed the Commissioners that City Council appointed Jane VanMaldeghen to the Planning Commission to fill a vacancy. Schmitt/Stoltzman moved to adjourn at 12:55 a.m. Motion carried unanimously. Judi Simac City Planner Diane S. Beuch Recording Secretary PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 6, 1984 Chrm. Perusich called the meeting to order at 7:36 p.m. with Comm. Czaja, Schmitt, Rockne, Koehnen and Stoltzman present. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. ; H. R. Spurrier, City Engineer and Cncl. Vierling. Schmitt/Czaja moved to approve the minutes of August 9, 1984 with an amendment changing the time for adjournment from 8:52 to 7:52 p.m. Motion carried with Comm. Schmitt abstaining because of his late arrival. Czaja/Stoltzman moved to adjourn at 7:38 p.m. Motion carried unanimously. Judi Simac City Planner Diane S. Beuch Recording Secretary g TENTATIVE AGENDA Board of Adjustment and Appeals Regular Session Shakopee, Minnesota October 4, 1984 Chairman Stoltzman Presiding : 1) Roll Call at 7 : 30 P .M. 2) Approval of September 6 , 1984 Meeting Minutes . 3 ) 7 : 30 P .M. PUBLIC HEARING: To consider the decision that said appellant may not store merchandise and materials outdoors in a B-3 zoning district . Appellant : Marlin Besler , Q Petroleum Corporation , 8148 Pillsbury Ave . S. , Minneapolis 55420 Action: Recommendation to City Council 4) 7 . 45 P.M. PUBLIC HEARING: Request for a variance from the minimum lot size requirements in order to eliminate future questions concerning use of the property located at the S . E . corner of CR 17 and 16 , legal description on file . Applicant: Brook ' s SuperetteIs Inc . , 4900 No . Cty . Rd . 18 , 4300 , New Hope , MN 55428 Action: Recommendation to City Council 5) $• 00 P M. PUBLIC HEARING• Request for a variance from setback requirements to construct a 401x100 ' building with a 10 ' front yard , 10 ' side yard and 20 ' rear yard located on Lots 6 & 7 , Block 2 , East Shakopee Addition . Applicant: Cletus Link , 12831 Link Dr , Shakopee Action: Recommendation to City Council 6) Informational: a) b) 7) Other Business 8) Adjournment Judi Simac City Planner CITY OF SHAKOPEE X�y TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN October 4 , 1984 Chairman Stoltzman Presiding : 1 . Roll Call at 8 : 15 P .M. 2 . Approval of August 9 , 1984 and September 6 , 1984 Meeting Minutes . 3 . Discussion: Reconsideration of recommendation on rezoning of property located in the SW 1 /4 of S 1/2 of Sect . 5 . Action: Recommendation to City Council 4 . 8 : 15 P . M. Continuation of Public Hearing : Request for rezoning a 87 , 600 sq . ft . parcel lying in the SE corner of the intersection of CR 17 and 16 , legal description on file . Applicant: Harmon H. Harrison , Jr. and Brooks Superette 414 1/2 E. First Ave . , Shakopee Action: Recommendation to City Council 5 . 8: 30 P .M. Continuation of Public Hearing: Request for rezoning a 20 acre triangular parcel located northeast of the intersection of CR 17 and 16 , legal description on file . Applicant: Carl Lindstrand , 9607 Oakland Ave . S. , Bloomington Action: Recommendation to City Council 6 . Discussion: Reconsideration of recommendation on rezoning of property on the east and west side of CR 17 , south of 4th Ave . and north of CR 16 . Action: Recommendation to City Council 7 . $: 45 P.M. PUBLIC HEARING: Request for preliminary plat approval of Hauer ' s Third Addition lying in the SW 1/4 of the NE 1/ 4 of Section 8 , CR 16 and 13th Ave . , legal description on file . Applicant: Gene Hauer , 2088 Hauer Trail , Shakopee Action: Recommendation to City Council 8 . 9 . 00 P .M. PUBLIC HEARING: Request for a conditional use permit to exceed the fence height limitation and operate a lumber supply yard upon property located at W. 3rd Ave. , legally described as Lot A of Outlot C , Husman Addn . RDlicant: Cletus J . Link, 12831 Link Dr . , Shakopee Action: Conditional Use Permit 4373 9 . 9 . 15 P.M. PUBLIC HEARING= Request for a conditional use permit to construct self service gasoline facilities upon property located at S . E . corner of CR 17 and 16 , legal descriptor on file . Applicant: Brook ' s Superettes , Inc . , 4900 N . Cty . Rd . 18 , #300 , New Hope , Mn 55428 Action: Conditional Use Permit #374 10 . 9 : 30 P . M . PUBLIC HEARING : Request for a conditional use permit to enlarge a mining extraciton facility upon property located at SE 1/4 of Section 3 , East Hwy 101 , legal description on file . Applicant: J . L. Shiely Co . , 1101 North Snelling , St . Paul , Mn 55108 Action: Conditional Use Permit 4375 11 . 9 : 45 P . M. PUBLIC HEARING: Request for a conditional use permit to remove sand and gravel aggregate upon property located at SE 1/4 of NE 1/4 of Sect . 17 , NE 1/4 of NW 1/4 of Sect . 16 , W 1/ 2 of NW 1/ 4 of Sect . 16 , CR 83 , legal description on file . Applicant : Scott County Lumber Co . and Bert Noterman , 312 West 6th Street , Shakopee Action: Conditional Use Permit #376 12 . 10: 00 P .M. PUBLIC HEARING: Request for a conditional use permit to operate a temporary asphalt plant upon property located at CR 83 and 4th Ave . , also known as the Racetrack site , legal description on file . Ap Ql ciint : C . S. McCrossan Inc . , 7865 CR 18 , Maple Grove , Mn 55369 . . Conditional Use Permit #377 L 13 . Informational Items a ) SPDC response to ballroom light b) Cul-de-sac amendment c) Performance standards d) Century Plaza 2nd Addn . e) B-2 Recommendation 14 . Other Business 15 . Adjournment Judi Simac City Planner CITY OF SHAKOPEE K N N co V v Y C7 Cm 11 Oa .. p, W .. H. .. p w C 0.1 O ~t N Eg r- rr O r t- O (D v, O 'b o (D 'C1 C7'b Q O rr--r n O C � El rD G Wr� ciH. n d rr ~ n C d d �' ' K N (D N N W N vC`1C'1 vnn O `C G n � K O W N vd vd IJtHT � p O wE w � ac) o °, O :� O - or rtrr c7 n tY7 O a) p sv 0 ,0 'C rD d tzi El C7J b W N �' H K N v O w W ',v (D w W 011:� rl O � y � I 'T.7 b `�C `c7 cn N• O - - rn t N ~• � co d fV H H 'gyp. o w 01� ROBERT J. SCHMITZ ft Senator 36th District 6730 Old Hwy. 169 Blvd. Jordan, Minnesota 55352 SEP 2 71984 Office: Senate 235 State Capitol , St. Paul, Minnesota 55155 . Y, E Phone: 296-7157 CIT Y �';F State of Minnesota September 25, 1984 Mr. Elliott Perovich, Chairman Regional Transit Board Suite 40, Metro Square Building 7th & Robert Streets St. Paul, Minnesota 55103 Dear Elliott: I want to appeal to you to establish a policy implementing the property tax feathering of metro-transit service areas before the October deadline when county boards prepare their mill rates for the next fiscal year. It was clearly intended by the Legislature that the current inequity which exists between the maximum served areas and the minimum service areas should be corrected by a formula that more fairly sets a tax policy in proportion to transit serivice it receives. Thank you for your consideration. Sincerely, &-4) ROBERT J. SCHMITZ Chairman Local & Urban Government Committee RJS/st cc: Paul Joyce, RTB, District M John Anderson, City Administrator, Shakopee Bonnie Carlson, Finance Director, Chaska Mike McGuire, City Administration, Prior Lake Mark McNeill, City Administrator, Savage COMMITTEES • Chairman, Local and Urban Government Rules and Administration • Finance • Transportation • Veterans and General Legislation � 5TH AVENUE SANITARY SEWER REPLACEMENT Letters Sent On 9/21/84 Letters Sent On 9/27/84 � Marie Menke Donald F. & Vivian Geis 528 W. 5th Ave. 735 W. 5th Shakopee, MN 55379 Shakopee, MN 55379 Frederick A. Lebens & Wife Edwin & Margaret Olson 604 W. 5th 821 W. 5th Ave. Shakopee, MN 55379 Shakopee, MN 55379 Ronald & Rosemary Schmitt Fern S. Hunter 620 W. 5th 827 W. 5th Ave. Shakopee, MN 55379 Shakopee, MN 5537 Bernadette A. Schoenke Louis O' Reilly & Wife 628 W. 5th Ave. 828 W. 5th St. Shakopee, MN 55379 Shakopee, MN 55379 Kevin J. & Susan BJornberg LeRoy Wolf & Jeanette 636 W. 5th Ave. 836 W. 5th St. Shakopee, MN 55379 Shakopee, MN 55379 Lauren Burgess & Virginia 911 W. 5th Letter Sent On 9/28/84 Shakopee, MN 55379 Warren C. Ragen Harold & MaryKlehr 935 W. 5th 924 W. 5th Shakopee, MN 55379 Shakopee, MN 55379 Hubert Weckamn & Wife 938 W. 5th St, Shakopee, MN 55379 INCORPORATED 1870 ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 September 28, 1984 Name Address Shakopee, MN 55379 Dear Mr. While replacing the sanitary sewer main adjacent to your prop- erty (Lot 1, Block 64) we determined that the sanitary sewer service pipe which serves your property is a material commonly known as "Orangeburg". The Building Official has condemned your service line and is Y'equiring that the pipe be replaced in the street right-of-way on this project. This pipe is unacceptable because it has uncertain service life and normally fails in 20 to 30 years. The City will soon be -rehabilitating the street and the City does not want the failure to occur after repairs are made. There are 2 options available to you with regard to -replacing this pipe: 1. You may contract with a Contractor of your choice to Perform the work. The Contractor must secure a "Street Cut permit " from the City before beginning work. You may want to have the pipe replaced up to your house at this time. 2. The City will provide an estimate for the replace- ment work if you request one. The cost will be based on the Contract unit prices for this project. The Contractor now working in the street would perform the work. This work would be done in the street right-of-way only. Name September 28, 1584 The deadline for replacing the service pipe is 15 days after receipt of this letter-. If the service is not replaced it will be replaced by the City and in accordance with alternate 2 above. Should you have any questions please contact Fulton Schleisman at 445-3650. Thank you for your, co-opevation. Very Truly Yours, H. R. Spurrier City Engineer HRS/pmp cc: City Council METROPOLITAn WAlTE (onTROL 13 COmmiffion Twin Cities Area §V. n SEP 2 71994 September 26, 1984 CITY 6__ SHAKOPEE- The Honorable Eldon Reinke Mayor of Shakopee 129 First Avenue East Shakopee, MN 55379 Dear Mayor Reinke: On June 6. 1934. I sent a :letter reg{arding the. progress to date on the st_ps taken tawar5 c_jrd::cI_i9 a Tmr_agemant study of the Metropolitan waste Ccntrcl Cc'-'Uission. '.Lids letter is to provide you with a =urther uodate. On June 5, 1984, the Con-mi_ssion aut:horiL_ed the Request for Prorosals for the Independent Nana;erre_nt Study. In response to that Request,, the Corr'.ission receliv--�:1. twelve (12 prcrposa=F, for Phase I of the Study. On Septulter 5. 1984, the Task Force :Tet, reviewed the twelve pro-xsals and selected four (4; firms fcr i.nterviar.,s: Arthur Young; teat, Marwick, JLJto-hell & Co. ; Ernst & Whinney; Touche Ross & 1:0. Interviews Cf the four firm were cmducted or, Septa7be_r 1.2 and 13, 1984. The Tank Force unanimously recom ended the firm. of �fouche mss & CO_. The C: ission_ approved execution of a cont-act with the selected firm, at. the Commission meeting of September 18, 1984. Contract docunents are i_-i the process of being executed and the Study should bagir_ daring the first week of October. The consultant anticipates sur?r'_tting their final report by Decerrkh :r 31, 1984. The scope of T'iase i Will be a ir-ai;agela-ant a .ait of uar current- organization urrentorganization to i F--n ify Opport'Lrmt es t0 Strengthen management, identification of possible legislative ..:lunges, an,, to prc.ri_de reoc,, endaticrs that can tQ Lrpienienter? on a s�ert-team ;3asi s. Areas of investlgat--i_on w.4,11 include pia-ming and budge-ting, public rL—_ponsivencss, cost redUCLicn. ar',d .r'evanue .Taxi I'd zae'.' r'., tiol.al staffing levels, an, salary and ber..ef.it legis. The progress rade to date cer-tai-aly w uld not have been pcssiblF_ without the Sl.gn"ficant contribution. of t?rt'� and. t:lant by the Task Force med:x rs. 350 METRO fOUARE BLDG. 7TH&ROBERT/TREED JAUIT PAUL mn 55101 612'222.8423 d Page 2 I will keep you inforned on the progress of the management study as it Proceeds. If you have questions or comnents, please call me at 222-8423. Sincerely yours, Lz)uis J. Breimhurst Chief AcImi-nistrator LJB/15 cc: The Honorable RuLfy Pexpich, Governor Sandra Gardebrina, C-hairperson, Metropolitan Council Peter E. Meints-�, , Chairman, AW-r MICC CaMissioners TENTATIVE AGENDA REGULAR SESSION SHAKOPEE , MINNESOTA OCTOBER 2, 1984 Mayor Reinke presiding 11 Roll Call at 7 :00 P.M. 21 Recess for HRA Meeting 3] Reconvene 41 Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *71 Approval of the Minutes of September 11 , 1984 i 81 Communications: a] Debra Dechaine re : van pool transit b] Barb Hegfors re : resignation from Access Corporation c ] Dennis Daniels re : Shakopee ' s entitlement share of I . R. bonds 91 Public Hearings: None 101 Boards and Commissions: i] Cable Communications Commission - Variance No. 3, implementation of character generators 11] Reports from Staff: a] 7 : 30 P.M. Award Sale of $2 , 490,000 General Obligation Tax Increment Bonds, Series 1984A - Res . No. 2317 b] Resignation of City mechanic c] Personnel Policy - Recommended Change d] Hiring of Administrative Intern e] 1985 Budget items : 11 Res. No. 2304, Consenting to the Levy of A Special Tax by the HRA! 2] Res. No. 2305 , Directing County Auditor Not to Levy A Tax for Debt Service for Selected Bond Issues 3] Res. No. 2306, Approving 1984 Tax Levy, Collectible in 1985 - 4] Res. No. 2318, Adopting the 1985 Budget *f] Audit Services for 1985 *g] Farm Lease of city property for 1985 by Gene Hauer j h] Richard' s Pub i] Valleyfair/Dogs/Speeding Vehicles j ] 1984-4 Shenandoah Drive Change Order No. 1 - memo on table k] 1984-5 Valley Park Drive & 1-2th Avenue Change Order No. 1 *1] 1982-1KT CR-83 Widening - Payment to Hardrives *m] CR-83 Improvement from CR16 to CR42 - temporary slope easement *n] Street Light at 11th Ave . and Spencer Street *o] Street Light at CR-17 and Norton Drive *p] Contract with Scott County for Prosecution of All Misdemeanors q] 1984 Police Labor Negotiations 1] Approve contract and authorize execution ^] Res. No. P319 , Amending Personnel Policy Regarding Health insurance After Retirement *r gree!iient With DNR to Permit Hunting North of Mn. River I ± AuI 'iorize payniertt of bills in amount of $56, 717 .06 12 Rc ; �;1.i:z`axc�s�s aril Crdihances a] Res. No . 2313 , Authorizing Submission of A Community Energy Council I Grant Application *b] Res . No. 2300, Ordering Feasibility Report on Taylor Street South of 12th Avenue b: TENTATIVE AGENDA October 2 , 1984 Page -2- c] Res. No. 2320, Transfer of IR Bonds of the City of Shakopee to the City of Bloomington *d] Res. No. 2315, Supporting Actions of PERA Board to Remove Interim Director #e] Res. No. 2316, Calling A Special Election *f] Res. No. 2311 , Specifying A Grievance Procedure for Complaint of Handicapped Discrimination g] Res. No. 2314 , Appointment of Election Judges - on table 13] Other Business: a] Huber Park Trail Restroom Facility b] Discuss rescheduling of Nov. 6th Council meeting because of Presidential Election c] Discuss adjourning to Oct. 11th or 12th at 5 :00 P.M. for action on IR Bonds for the Racetrack d] e] 141 Adjourn to . . . i i John K. Anderson City Administrator I TENTATIVE AGENDA Housing Authority in and for the City of Shakopee, Minnesota City Hall Council Chambers Regular Session October 2, 1984 Chairman Colligan presiding 1. Roll Call at 7 : 00 P.M. 2 . Approval of the Minutes of September 18 , 1984 . 3 . Adopt Resolution No. 84-11, A Resolution Adopting a General Fund Budget for 1985 . 4 . Adopt Resolution No. 84-12 , A Resolution Requesting the Shakopee City Council to Consent to the Levy of a Special Tax by the Housing and Redevelopment Authority in and for the City of Shakopee 5 . Acquisition of City of Shakopee Property in Block 29 . 6. Developer Selection Procedures for Downtown Redevelopment Projects . 7 . Adopt Resolution 84-13 , A Resolution of the Housing and Redevelop- ment Authority in and for the City of Shakopee, Scott County, Minnesota, Authorizing the Issuance of $ Aggregate Principal Amount Tax-Increment Revenue Refunding Bonds, Series 1984 Dated as of October 1, 1984 , and Approving the Form and Authorizing the Execution of Necessary Documents and Superceding Resolution No. 84-10. 8 . Adopt Resolution No. 84-14, A Resolution Approving and Authorizing Execution of a Tax-Increment Pledge Agreement. 9 . Other Business 10. Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 18, 1984 Chrm. Colligan called the meeting to order at 7:06 p.m. with Comm. Lebens, Wampach, Leroux and Vierling present. Also present were Jeanne Andre, HRA Director; John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; Rod Krass, Ass't City Attorney and Mayor Reinke. Lebens/Wampach moved to approve the minutes of August 28, 1984 and Sept- ember 4, 1984 as kept. Motion carried with Comm. Vierling abstaining be- cause of her absence at the August 28, 1984 meeting. The HRA Director stated Resolution No. 84-9 brings the K-mart district into the Minnesota River Valley Housing and Redevelopment Project, and designates it as Project No. 1. Vierling/Leroux offered Resolution No. 84-9, A Resolution Approving the Incorporation and Redesignation by the Housing and Redevelopment Authority in and for the City of Shakopee of the K-Mart Tax Increment District of Former Valley Industrial Park Redevelopment Project No. 1 as Tax Increment District No. l of Minnesota River Valley Housing and Redevelopment Project No. 1 and Adopting the Redevelopment Plan for Former Valley Industrial Park Redevelopment Project No. 1 as the Plan Relating Thereto, and moved its adoption. Roll Call: Ayes; Wampach, Leroux, Vierling, Colligan Noes; Lebens Motion-carried. Mr. Jim Casserly explained that Resolution No. 84-10 authorizes the issuance of revenue refunding bonds for the K-mart revenue bonds, in the amount of $3,650,000. He said Moody's is rating the issue BAA1, with the biggest problem being with a single taxpayer. He hopes to offer the bonds tomorrow, with a closing date scheduled for Oct. 9. Leroux/Vierling offered Resolution No. 84-10, A Resolution of the Housing and Redevelopment Authority in and for the City of Shakopee, Scott County, Minnesota, Authorizing the Issuance of $3,650,000 Aggregate Principal Amount Tax Increment Revenue Refunding Bonds,Series 1984, Dated as of October 1, 1984, and Approving the Form and Authorizing the Execution of Necessary Docu- ments, and moved its adoption. Roll Call: Ayes; Vierling, Leroux, Colligan, Wampach Noes; Lebens Motion carried. The HRA Director gave the background on the proposed acquisition of North- western Bell property in Block 29, which is done to sqaure off a couple of lots the City acquired from the railroad right-of-way. She said the alley is dedicated as an alley. Wampach/Leroux moved to authorize appropriate City officials to purchase from Northwestern Bell that part of Lots 3, 4 and 5 in Block 29, City of Shakopee plat, which they own, for a price of $15,000.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee HRA September 18, 1984 Page 2 G' Mr. Dick Treffield of Springsted, Inc. , said they are in general agreement with the Bond Purchase Agreement, but he did have a few concerns. He said they are assuming that the original bonds will be taken care of by proceeds in escrow and cash on hand in the Discharge Fund. Mr. Casserly replied that is his understanding, and the two firms will be discussing this issue and expect to confirm that. Mr. Treffield said they are also assuming that no more cash on hand will be lost to the old bond issue for the purpose of increasing a reserve. Mr. Casserly responded that Bob Pulscher, of Springsted, was informed that they will be using investment earnings for approximately one year to bring up the value of the reserve to the minimum value required. He said it shouldn't severely affect the cash flow, because earnings come in the latter part of the year. Mr. Treffield thought that was not a problem. Mr. Cas- serly explained further the question of whether the reserve has to be 15% of the annual debt service. Mr. Treffield said they are also waiting for a legal opinion with respect to whether or not the fiscal disparities law will apply to the GO Bond. He expects the opinion will state that no part of the income will have to go into the fiscal disparities pool, but that is a critical assumption. The Asst City Attorney said it is his understanding that there will be a -- favorable opinion on it. Wampach/Lebens moved to adjourn. Motion carried unanimously. Meeting ad- journed at 7:26 p.m. Jeanne Andre, HRA Director Diane S. Beuch Recording Secretary 4 Memo To: Jeanne Andre, Community Development Director From: Gregg Voxland, Finance Director Re: 1985 HRA Budget Date: September 27, 1984 Attached are Resolutions No. 84-11 adopting the HRA General Fund Budget and Resolution No. 84-12 setting the HRA Tax Levy. These resolutions reflect the budget as contained within the City budget document which Council/Commissioners received in late August. Request that the HRA adopt these resolutions as presented or modified as the HRA desires. GV/jms enc. I 1 1 1 II O O O I O I In O 1 Ln 1 Ln II rn -0 O O O 1 0 1 N N I S I Irl 11 n Q) .-+ a% 0 I O i m I'D i crl I -,t It N cr% I « I I - i r 11 Co 0 m M O I t7 I c- 1.0 t 1 00 It 00 M 04 -4 .-i I M I •+ 1 N t If M P-4 H 11 P+ 1 1 I 1 II 1 I I I Ii �. cry vy 1 I I 1 II 0 0 0 0 I O 1 q -4 -4 1 0000 1 0 1 �? u1 I m 1 O tl N dJ —4 a, 0 0 1 0 1 -It Ln i a% 1 O 00 00 by a� M 0o N 1 M 1 --4 %D 1 r` 1 Lr) II (7. N 1 N 1 .i If N II *-a t i I 1 11 i 1 1 1 II vy vy vy .-4 N r` i O 1 11 N kD Ln 00 1 Co I r` !1 1-1 r t N -,t ON u'1 i .a I Ln cr) 1 ID It M Cl) d .-i N O Ln 1 0 1 1-4 Ln 1 r. I N 11 N m tJ .+ *+ ri I .7 I r1 P+ 1 N 1 -+ 11 Cl) u 1 1 I I ti I I 1 I II coy cn vy C-) 00 -t I Ln I m r- I In 1 rn 11 00 00 rn %,c I It I -tI'D 1 •-4 1 N If M . c N M 00 t t .t O I In I O II c d O .-c a, I •-4 ! at t 1 00 1 M If (ON m tJ -i N I S i -+ B .-1 I N If 1.4 U 1 I 1 1 11 .-4 1 1 I 1 If 1 1 1 f II w la 44 W d cd w $4 w H w H 14 Cl � w X21 41 •-"1 0) w w 4-1 til M ed •.1 fa O w w .�'. W d d b •o f cn T 10 d u W H to d d cd d w w cc w P-4 W d w cd b1-4 w •4 w P A o c7 o > w d +J a u a w A w W cn cd .a 0 44 w H A w d 044 O W 44 W u W s4 7 +, cd Lc r c rn w cA d d cn Lry O m .-4 rc O cu w .-+ r-a b N N cd A 00 w -4 cd 41 d -.a CO cd d p r-+ w A w w 14 i•+ w LJ •A O r+ -W 4J d H cd O ca A d v a w u o b o 04-1 o to w IYaa w 0 x " " w H d f♦ A. A. H to > b cr1 w cd 0 0 •a w w 0 cd w w 0 d RESOLUTION NO. 84-11 A RESOLUTION ADOPTING A GENERAL FUND BUDGET FOR 1985 WHEREAS, the By-Laws of the Housing and Redevelopment Authority in and for the City of Shakopee provides that a budget be prepared on an annual basis. NOW, THEREFORE, BE IT RESOLVED, that the attached General Fund Budget be approved for 1985 with total appropriation in the amount of $24,545.00. Adopted in session of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, held this day of 1984. Chairman of the Housing Authority ATTEST: Executive Director Secretary Approved as to form this day of 1984. City Attorney RESOLUTION NO. 84-12 A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as a taxing district for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 statqs that the special levy shall not exceed 10 cents on each $100 of taxable valuation in the area of operation, and WHEREAS, Section 462.545 states that the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA that the Housing and Redevelopment Authority hereby requests the City Council of the City of Shakopee to consent to the special tax levy of $23,000 payable 1985 by the Housing 'and Redevelopment Authority in and for the City of Shakopee. Adopted in session of the Shakopee housing and Redevelopment Authority of the City of Shakopee, Minnesota, held this day of 1984. Chairman ATTEST: Executive Director Approved as to form this day of 1984 City Attorney TO: Shakopee Housing and Redevelopment Authority FROM: Jeanne Andre, Executive Director, Shakopee HRA RE: Acquisition of City Property in Block 29 , OSP DATE: September 27, 1984 Introduction: The Shakopee Housing and Redevelopment Authority (HRA) is purchasing land in Block 29 , City of Shakopee Plat, from Northwestern Bell Telephone. The City Council has author- ized the HRA to purchase the other portions of Lots 4 and 5 in this block which are now owned by the City. Background: The HRA would .like to aggragate parcels to promote potential development in the downtown. With the proposed acquisition of Northwestern Bell property in the north part of Lots 8, 9 and 10 , Block 29 , the HRA also wants to acquire the City' s portion of Lots 9 and 10 to have a complete developable parcel. The docu- mented acquisition price by the City is $5, 150 for these parcels , and the City Council has agreed to sell the land to the HRA for this price. The City Attorney is now registering the City' s title to all land in this block which it currently owns . He has cautioned against any transfer of property until the registration is complete . However to expedite the handling of this transaction when the regis- tration is complete, a motion by the HRA to purchase the land when the registration has been completed is now in order. Requested Action: Authorize purchase of City property in Block 29, Lots 9 and 10, by the Shakopee Housing and Redevelopment Authority at a price of $5 , 150, contingent upon the City' s successful completion of title registration of this property. MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE: Developer Selection for Downtown Redevelopment Projects DATE: September 28 , 1984 Introduction: Now that the City Council has adopted the Downtown Redevelopment Plan, the Downtown Committee and HRA must look at approaches to bring about the implementation of the plan. An element at hand is how to attract , approach and/or evaluate potential developers for potential downtown projects . Background: Dick Krier, in the scope of work for his consulting services , provided a number of documents advising on the process of work- ing with and selecting developers . He provided a handout on "The Positive and Negative Aspects of Alternative Disposition Methods" attached here as attachment A. This attachment seems to relate more to situations where the City or HRA has taken the lead in actually acquiring land which it then wants to dispose of for development purposes . The City Council does not generally seem to want to take the lead and undertake acquisi- tion in advance of a potential project . Three cases where this has occurred are 1 ) Girl Scout/Railroad property in Block 52 now owned by the City; 2 ) Railroad/N.W. Bell property in Block 29 acquired by the HRA and the City; and 3 ) Lumber Company property in Block 7 now owned by the HRA. The HRA may wish to pursue one or more of these options to dispose of these or other similar small parcels . However , this type of situation is not the main concern of staff at this time . I wish to focus on major types of projects which would involve assembling large parcels one-half block, a whole block or more in size . So far the staff and City Council have taken the posture of encouraging developers to undertake their own assembly of parcels and put together projects without public assistance . If a developer can successfully do this , and is not requesting public assistance in the form of tax-increment or block grants , then it is truly a private development and the HRA or City Council need not get involved. However, once a developer wants to draw on the HRA' s authority in the areas of eminent domain or subsidies from block grants or tax-increment , then the HRA may wish to establish the approach it will seek to attract or select potential developers . A number of projects are currently in some stage of conceptualization downtown. The following outlines a number of potential projects and history in terms of developer involvement . i September 28 , 1984 Page -2- 1 ) Block 32 Housing Project . The Housing Alliance approached the City regarding a pro- posed project of up to 100 units of senior citizen housing (rental and/or condominiums ) on a parcel up to one block in size. The Council generally supported their efforts at that time and encouraged the Housing Alliance to pursue the project , without offering the support of eminent j domain or any type of subsidy. The Housing Alliance has developed a local task force to offer suggestions , has undertaken further feasibility and market studies and has an option on at least some of the land. Although it is f not clear what , if any, public subsidy might be requested, staff have been working under the assumption that some subsidy would be involved. The Housing Alliance would j like to be the architects and developers of this project. 2 ) Block 4, Commercial Retail Project . One of the owners of the Opera House ( 101 East 1st Avenue ) and a financial partnership packaging firm have independent- ly approached staff on some type of redevelopment project , each starting with the concept of restoring the Opera House and expanding the concept to include a broader project that would take in one-half or the whole block. Neither party has done feasibility studies or gone into in-depth planning. However, both have raised the issue of whether tax-increment , block grants or other subsidies might be available. Of course a larger project would always raise the question of possible condemnation to assemble all parcels necessary to make the project work. Both of these parties have suggested they would bring in other development partners if they go forward. 3 ) River Inn/Marina Project This project was indirectly started by an individual property owner who brought in a realtor (Crystal Ahlman) who started land assembly and an architect (Arvid Elness and Associates ) who did a concept plan. Larry Smith of Arvid Elness brought in a construction manager, Gary McInerny, and has approached a number of potential developers to become involved. Independently, Ron Maddox of Ideas , Inc . , has also approached a number of potential developers . After having a presentation on the concept plan by Larry Smith, the Council gave support to the idea without agreeing to support condemnation or provide public subsidies , but without closing the door to future consideration of these means of support . Larry Smith and Gary McInerny are aware of the possibility that the City could decideto solicit its own developer, and have asked that they be allowed to help in that process , and in return maintain the potential for supplying architectural and construction services . September 28 , 1984 Page -3- I I 4) Medical Office Building at St . Francis Hospital St . Francis Hospital determined that a medical office building attached to and associated with the hospital would be a positive step that would allow specialists who practice at the hospital to see regular patients nearby. The hospital selected M.A. Mortenson to be its exclusive development agent . Representatives of the hospital and M.A. Mortenson have since talked with city staff regarding development possibilities , including the availability of tax-increment support and the possibility of street vacation to allow the facility to be directly attached to the hospital . Some discussion of this project has occurred in the Down- town Committee but no formal presentation has occurred before the City Council . These four potential projects are at different stages of con- ceptualization and each has been approached a little differently. The City can choose to handle each project in a. different man- ner or establish a uniform approach to all projects with poten- tial public involvement . However, to establish positive relationships with developers , the approach should be established in advance of significant investment of time or resources in the project by either the developer or the City. It does not seem ethical for the City to lead a developer deeper into a project and then take the developer ' s ideas and incorporate them into a request for proposals (RFP) which solicits other developers . On the other hand it does not seem prudent for the City to negotiate exclusively with a developer without determin- ing the experience and good will that the developer brings to implement that project . In attracting developers there appear to be these two major approaches : a) Develop a request for proposals (RFP) which requires developers to commit up-front investment of time and money to develop a proposal , and select the best overall proposal in a competitive manner. The advantage of this approach is that it is theoretically open to all , and the City would have the opportunity to compare the various approaches and select that which seems optional . The disadvantage is that the up-front costs may discourage all but the biggest developers , and even they may not want to expend resources without knowing they are assured of exclusive development rights . The City may also need to undertake up-front market research to appropriately design the request for proposals , and should evaluate all developers ( financially and otherwise ) who submit proposals . b) Identify competent developers who express an interest in the project and agree to work exclusively with them for a short period of time while they put together a project for the City to consider. The advantage of this approach is that the City can appeal I y V September 28 , 1984 Page -O- to smaller developers who are more likely to want to undertake projects in this type of environment . The bur- den of market studies , etc. are more readily born by the developer because they know they are assured of the project if they can put it together. The disadvantage to the City is the emphasis on evaluating . the capabilities of the developer up-front so as to waste as little time as possible dealing sequentially with developers who try, but cannot succeed in putting together a project . Dick Krier in his letter of March 23 , 1984, has recommended the approach outlined in the second alternative above. His letter is enclosed as "attachment B" as well as attachments C-F which are documents he recommends be used in reviewing the developer prior to entering any agreement . He has also recommended a more detailed format for a redevelopment contract that would be used once a formal development proposal has been submitted , but that it not attached. j The idea of negotiating with one developer is the approach that was used by the City in the K-mart , highrise and racetrack projects previously undertaken by the City as tax-increment districts . However, each of these cases there was only one developer, and they approached the City first , whereas in down- town there is the potential for more than one developer and the f possibility that the City will be soliciting developers . The HRA must, therefore, determine if it will approach downtown projects individually, uniformly and/or in the manner previous tax-increment development has occurred . No matter if an RFP or exclusive development agreement approach is adopted, I would like to use the financial disclosure forms recommended by Mr. Krier (or as modified) and utilize the services of a professional skilled at analysis of financial matters to help the HRA make successful decisions . Requested Action: 1 ) Direct staff to pursue the exclusive development agree- ment approach to developer selection, giving those persons or groups who have approached the City on the outlined projects first chance to submit their proposals and credentials for consideration, and moving on to other developers if those now in consideration are not interested or capable of carrying out the projects . 2 ) Request all potential developers to submit their proposals and background information in the format recommended by Dick Krier. 3 ) Direct staff to explore potential professional services contracts to provide technical assistance in reviewing financial data provided by developers . • September 28 , 1984 t Page -5- �s 4) Advise staff if HRA Commissioners wish to study further disposition methods for land now in public ownership ( 1 - Girl Scout/Railroad property in Block 52 now owned by the City; 2 - Railroad/N.W. Bell property in Block 29 acquired by the HRA and the City; and 3 - Lumber Co. property in Block 7 now owned by the HRA) , or follow method number V ( in attachment A) to be in conformance with redevelopment procedures for larger projects . JA: cah Attachments I i i rt —o E; -ZD :r 7 -:3 1 - , --Ill 'M CID r. < Q by C 73 t:) 0 C-) 0 0 ZI C) M C- ? -I LO < CD r, M rr ;7 co m ED M .0 7j (D C2 rr C rt ED C Cu rr O < 0, M l -J 0 r) a CD ED tD CD Cn f") 0 c m P C • LL rr -C C,,) u) r; :1 0 < cz l.L Ol 0 L7 0 LO 0 C.) < C7 R (11) (D D M Z, < D C7 M 0 rr M Cl. s CD M n rr 0 :3 :T to 0 0 0 -rj m ci n (D D 0 n) t- [a < CD O CD rr CD 0 -3 T 11 N E3 C, CU Cj a.' 'D I D C7 ZD - ID Q 7.) 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CD 1 io f ) O C l "i =) CJ CL F' . 3 n- _) -Y3 t •• C) O CD C) O O O_ L7 }•' y CD O CD C CO r ;) CD C: CD O wO -,)LL3 O t:: 0 CD Ll- li Oa O CD `•t .Z) Cw 0 C rr M• t-•- C) O 0 --) OD tY1 h CD O ) 3 n •-1 C5 O 1 rr W C O M CD C F ^� O O CS C C O r -r M r` h :Z CD "i C C"• rr L7 CL` O C CD O C ti] 2. h J L7 ! r- O L) LZ L7 r d _.y a) C r --- ;�) 1 t�D Z) 2-1 =3 CD. r -t- :') h a h O, O F'• C'o m th O CD CJ -Z f < CD 1- t- CD C- ED N O • C7 C 1 CD r;- -J 7 =7 0 OD h I-+ F' } - N• 1 h G Co r'r F--' O L) CD C h 0 C7 P'• r r # ;n rJ N• CL CL G Co 1 CD h :7 C7 t-3 P- CJ w tL7 '0 ED v 1 O :D 0 C r; CD _] rt t- h 1 rr C O L 1) 71' ry O • a- O O 'T) 1 CJ F-' CD Ci) +'! p M• ED s..,. h O 1 O O m - r O tom_ C= rr M ri 1 `D C D -: CJ u u ED M = 0 1 M CD CL ED _:) CD CD n I— :�> CD OD 3 1 t1i 03 N (r r r .., OD O C9 N• O 1 O O r7 1••� 0 M C3 CD `C c+ CD O 3 CD rr 1 N- r7 -,q C) 3 :) OD Co h Co "7 t,0 1 O ED 0 LL M rr w O O O to _j O CLO O t7 ED Ca M CD to C L) CD 1 CD OD CO LO O CD C ! 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M rr w O O O to _j O to "*) ED Ca M O C • S C1 O S O v E ca C-7 i, s C -t- n 70 0 C, t1i -c; c- 0 F CD C: LL r CD CD _0 = 0 rr -1 O < V1 t -I CD C: EE C) r" W M < 0 CD cz s M rr M m 0 m Cl) :3 -11 ;u l< r -r- D co CD rl • " :> U" a) m 0 0 -1 CID u 0 0 n r Q = C- - • Lo O -Z) 3 cl, F d r^ 14 M CD rr 0 0 7;r a) 0 rt Cl r< :Z 0 1-) U CJ=11 0 :3 073 CD CI D ID E C) 0 Z) 0 CD ci c -r r -r CD rr rr 0 rr 0 0 CD r CD :r rr M 0 -ID fD :3 0 to co rr < cn rr :3 M ca co m Lo 0 11 0 rr 0 -0 co CD to X CD CD :3 11 tz CD i, s A A,i L A m e /' /- 13 - � i1lE'3 �c;i�ls in � � ��1j�t2f i t 4 cq N ?- g), !is, 11r?N' 5;416 612; �-16-22I6 23 March 1984 Ms. Jean Andre Community Development Director City of Shakopee 129 E. First Avenue Shakopee, MN 55379 SUBJECT: Developer Selection Strategy Dear Jean: Based on my experiences, as well as my I would recommend that the Task Force developer selection strategy: REDEVELOPER SELECTION STRATEGY Cursory Pre-screenin other experiences in redevelopment, and HRA consider the following Pre-screening of this type is only a cursory process by which the "Task Force and HRA can achieve some sense of the viability of the proposal and capabi-lities of the redeveloper. To accomplish this, the Task Force and HRA would: 1) market to selected redevelopers who have a known "track record"; 2) prepare a land marketing report with details, including a form of the Redeveloper's Agreement; 3) require the redeveloper to simply submit a general concept pla1l, statement of qualifications and financial responsibility, statement of public dis- closure, and a financial statement. The financial statement should only be reviewed by the flltA Executive Director. The Task Force and 11RA would interview the redeveloper based on their past performance, rather than their future proposal. The key step in the developer selection process is to evaluate those submitting pro- posals on the merits of: their past performance. The past ability to put together similar developments is a significant competence indicator. In addition, those who have demonstrated their ability tolwork on renewal projects in the past and who are willing to undertake further renewal projects should be given high priority. Ms. Jean Andre Page -2- In addition, pre-screening requirements for selection should include: 1) Is the concept plan in conformance with the redevelopment plan? 2) Does the concept plan generally comply to zoning restrictions? 3) Is the concept plan proposed by a redeveloper with the ability to follow through on the project, based on past performance? Preliminary Selection Once the pre-screening has been accomplished, the Task Force and HRA would make a preliminary selection and hold other options open. This process is important to obtain the best plan and insure completion of the project. The developer would be given a 90 day trial period to package their proposal. During this time, alternative development options should be held open for a second developer who had previously submitted for the pre-screening. REDEVELOPER'S AGREEMENT A redeveloper's Agreement should only be entered into when the 90 day period has elapsed and the redeveloper has: 1) produced an acceptable plan in considerable detail. 2) arranged financing 3) negotiated a Redeveloper's Agreement. This is a semi -binding agreement on both the redeveloper and the HRA. The process of pre-screening and of making a preliminary selection, while holding other options open, requires the developer to prepare and accomplish major activities before the contract is entered into. On the other side, it also limits the cost of the redeveloper in preparing proposals. The time and cost involved in preparing extensive proposals may be prohibitive, especially for small redevelopers. When this is the case, the HRA will likely have analyzed enough factors in the pre-screening to make a reasonable selection of a redeveloper. This does not imply_ that the HRA would_h-e_rDmn,7e ply, frpa, F ems, ,<r -'r Ys -&s --or ptbbtems' iahich-have been associated withast p projects, but it would give the HRA the option of going to the second best bidder, should the first one not comply witiain the limited 90 day period. Respectfully, Richard Krier, AICP Vice President Derrick Companies RK:mr N REDEVELOPER'S STATEMENT OF QUALIFICATIONS AND FINANCIAL RESPONSIBILITY (For Confidential Official Use by the Shakopee Housing and Redevelopment Authority) 1. a. Name of Redeveloper: b. Address/Zip Code of Redeveloper: 2. The land on which the Redeveloper proposed to enter into a contract for, or understanding with respect to, the purchase of land from Shakopee Housing and Redevelopment Authority: Site Address 3. Is the Redeveloper a subsidiary of or affiliated with any other corporation or corporations or any other firm or firms? Yes No If Yes, list each such corporation or firm by name and address, specify its relationship to the Redeveloper, and identify the officers and directors or trustees common to the Redeveloper and such other corporation or firm. 4. a. The financial condition of the Redeveloper, as of , 19 , is as reflected in the attached financial statement. (NOTE: Attach to this statement of financial statement showing the assets and the liabilities, including contingent liabilities, r-"Tur'ty fzem'i ed In accordan(fe'with accepted accounting standards and based on a proper audit by CPA. If the date of the financial statement precedes the date of this submission by more than six months, also attach an interim balance sheet no more than sixty ti (60) days old.) b. Name and address of auditor or public accountant who performed the audit on which said financial statement is based including authorization to contact him: C'_ 5. Sources and amount of cash available to Redeveloper to meet equity requirements of the proposed undertaking: a. In banks: Name, Address and Zip Code Amount b. By loans from affiliated or associated corporation or firms: Name, Address -and Zip Code c. By sale of readily salable assets: Description Market Value Amount Mortgages or Liens 6. Bank references: (name, address, zip code) and separate letter authorizing the release of references and confirm- ation of above information 7. Has the Redeveloper or any subsidiary or affiliated corporation of the Redeveloper or any of the Redeveloper's officers or principal members, or investors, or other interested parties been adjudged bankrupt, either voluntary or involuntary within the past 10 years? Yes No If Yes, give date, place and under what name. 8. a. Undertakings comparable to the proposed redevelopment work, which have been completed by the Redeveloper or any of the principals of the Redeveloper including identification and brief description of each project and date of completion. b. Total amount of construction or development work completed during the last three years. $ Nature of Date DeveIo ment Location Amount Com leted C. Construction contracts or development now being performed by such contractor or builder: Nature of Date to be Development Location Amount CEpieted 9. Have you or your contractor within the last 10 years ever failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, or failed to complete a construction or development contract? Yes No If Yes, explain: 10. Brief statement respecting experience, specifying particularly the qualifications of the personnel. 11. Does any member of the governing body or employee of the City of Shakopee or Shakopee Housing and Redevelopment Authority have any direct or indirect personal interest in the Redeveloper or in the redevelopment or rehabilitation of the property upon the basis of such proposals? Yes No If Yes, explain: P 12. Statements and other evidence of the Redeveloper's qualifications and financial responsiblity (other than the financial statement referred to in Item 4 (a) are attached hereto and hereby made a part hereof as follows: I (We)(1) certify that this Redeveloper's Statement of Qualifications and Fin- ancial Responsiblity and the attached evidence of the Redeveloper's qualifications and financial responsibility, including financial state- ments are true and correct to the best of my (our) knowledge and belief. - Dated: Dated: Signature Signature itle Title Address Address (1) If the Redeveloper is a corporation, this statement should be signed by ars officer of the corporation, if an individual, by such individual; if a partnership, by one of the partners; if an entity not having an appointed/elected officer, by one of its chief officers having knowledge of the financial status and qualifications of the Redeveloper and being authorized to sign in the name of the entity. f rl a �ry REDEVEL'OPER'S STATEMENT FOR PUBLIC DISCLOSURE I. REDEVELOPER A. Name of Redeveloper:_ (Exact legal name as registered Address/ZIP CODE of Redeveloper: *Also County, if other than Scott _ IRS Number of Redeveloper: Does the corporation have a seal? Name of the principal person involved in the project and phone number: Name rnane_— Pull name of person or persons who will be signing documents for your company: N ar;e_ _- — ------- __ _P o s it ion_ Name Position B. The Redeveloper was organized on _ 1D , organized or operating under the laws of the State of as A corporation A non-profit or charitable institution or corporation A partnership known as A business association or a joint venture known as Other (Explain) C. List the names, addresses, title of position (if any), and nature and extent of the interest of the officers and principal members, and investors having an interest of more than ten per cent (10%) of the Redeveloper. If the Redeveloper is a partnership, each partner, whether a general or limited partner, and either the per cent of interest or a description of the character and extent of interest should be listed. Name, Address, Zip Code Position Title (if any) and Per Cent of Interest or Des- cription of Character and Extent of Interest II. Summary of proposed developments A. Physical Development: Building Area: sq ft No of Stories: Total Floor Space: �sq ft Landscape Area: sq ft Parking Area : _________ ___,_s q ft No of Spaces: Estimated Value Upon Completion: Estimated Real Estate Taxes on Completed Development: B. Prospective Use: Residential: Total No of Units: No. of Units Size (sq ft) Estimated Sales Price Est Rental I Br. 2 Br. 3 Br. 4 Br. Proposed Ownership $ $ /mo $ $ /mo $ $ /mo $ $ /mo Condominium Townhouse Co-op of for sale units. Area and parking attributed to each unit: C. Other use(s): III. Financing: (If you wish the details of financing to be confidential, please list on separate sheet) A. How will your project be financed and do you pre- sently have commitments for financing? D. If you are selected as the Redeveloper for this project, what is the maximum time you will need to secure firm financial commitments? IV. What, if any public participation or assistance are ,you requesting? V. Other pertinent information: In the event this offer is accepted, the Redeveloper agrees to begin construction within three (3) months from the date of Deed of Convey- ance and complete the construction within twelve (12) months unless otherwise agreed upon. A good faith deposit of _ Dollars ($ T',F an amount equa to five per cent 5, of the total amount offered for the above described land, is to be submitted, it being understood by the undersigned that such deposit is to be retained by the Agency without obligation to pay interest thereon. If upon acceptance of this offer by the HRA, the undersigned fails or refuses to enter into a contract for redevelopment as hereinafter pro- vided, the deposit shall be retained as liquidated damages, and said Offer to Purchase shall be deemed null and void. If such a contract is entered into, the deposit will be held in accordance with the terms of such contract. In submitting this Offer to Purchase, it is understood that the right to reject such offer is reserved by the Housing and Redevelopment Authority. The undersigned further agrees to execute a Contract for the Purchase of Land for Redevelopment within twenty (20) days after notification of acceptance of this offer and to.develop the above described parcel or parcels of land in conformity with the federal and State statutes and city ordinances applicable to said redevelopment and the criteria contained in the Redevelopment Plan and REQUEST FOR PROPOSALS for this site. The Redeveloper submitting this Offer to Purchase so states that: 1. He is fully informed respecting the preparation and contents of this Offer to Purchase and of all pertinent circumstances respecting such offer. 2. Such offer is genuine and is not a collusive or sham offer. 3. Neither the said Redeveloper nor any of its officers, partners, owners, agents, representatives, employees, or parties in inter- est, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Redeveloper, firm or person to submit a collusive or sham offer in connection with the contract for which this offer has been submitted or to refrain from making an offer in connection with such contract, or, has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Redeveloper, to fix any overhead, profit or cost element of the offering price or the offering connivance, or unlawful agreement any advantage against the Shakopee Housing and Redevelopment Authority or any person interested in the proposed contract, and 4. The price or prices quoted in this offer are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Redeveloper or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 5. The information contained herein is true and correct to the best of my (our) knowledge and belief. (1) Date: Date: Signature Signature Title Title Address/Zip Code Address/Zip Code (1) If the Redeveloper is an individual, this statement should be signed by such individual; if a partnership, by one of the partners, if a corpor- ation or other entity, by one of its chief officers having knowledge of the facts required by this statement and being authorized to sign in the name of the corporation. r A f-?Y/f Ci? m eP-1 ¢- lt� CAPITAL PRO FORMA (1) If more than one source of financing will he used, provide (belcv: or on an attachment) a breakdown of the source, amount, terms, and pay- ments due for each type of financing. Enter the total from all sources at the appropriate line items in the pro forma. TOTAL PHASING OF TOTAL INCOME 19 19 19 1. Bond proceeds/permanent $ $ $ $ financing (1) 2. Equity a. general partner(s) $ $ $ $ b. limited partners $ $ $ $ 3. Interest on undisbursed proceeds $^_ $ $ $ 4. Sales proceeds ,. Developer's {profit & risk b. Other 7. Total Income $ $ $ $ EXPENSES 1. Construction costs a. Residential $ b. Nonresidential $ c. Parking d. Other (specify _,—)$ e. Other (specify f. Site work $ g. Utility connections, etc. h. Subtotal $ $ $ $ i. General requirements ( % of lh) $ ,j. Builder's overhead ( % of 1h) $ k. Builder's profit ( % of 1h) $_ 1. Other (specify _ )$ $ $ $ m. Gross construction $ $ $ $ (1) If more than one source of financing will he used, provide (belcv: or on an attachment) a breakdown of the source, amount, terms, and pay- ments due for each type of financing. Enter the total from all sources at the appropriate line items in the pro forma. CAPITAL PRO FORMA (CONTINUED) TOTAL 2. Fees 19 a. Arch & Eng ( % $ $ of lh) $� b. Legal $--- _—c. c. Underwriting $ d. Market study $ e.Marketing, leasing $ f. Other (specify _)$ (include soil tests, surveys, etc.) g. Total $_ 3. Financing and Carrying Charges a. Debt service during construction: (1)(2) Principal $ (Interest 0 for moT — $� b. Taxes during construction $ c. Insurance during construction $ d. Title and recording $ _ e. Operating deficit through lease -up date $_ _ f. Points, fees and closing costs - Construction fin pts $ Permanent f i n pts $___ g. Bond or other expenses$ h. Other (specify __)$ _ i. Total $_ 4. Real Estate Acquisition a. Land $ b. Improvements $ c. Special assessments d. Other (specify )$_� e. Total $, 6. Other (specify _ __) $, 7. Subtotal N-4) $ 1 -fit 8, risk PHASING OF TOTAL 19 19 19 $ $ $ 8. Deve oper s p $ $ $ $ allowances — 9. Debt service reserve fund $__ 10. Total Development Cost (D1-9) $_ _ $ c CAPITAL PRO FORMA (CONTINUED) C. NET INCOME OR (DEFICIT) (Part A minutes Part 3) CAPITAL SUMMARY Component Amount 1. Source of Funds a. Bond proceeds/permanent financing", b. Developer's profit/r-isk $ c. Developer's cash or other equity $ d. Net syndication proceeds $ e. Interest on undisbursed funds $ f. Sales proceeds $ g, Other (specify ___ .,h - __0J.her,_(rsDerif_v _ i. Othpr (specif v 1* A OA,- Vit :e A, �- r Percent of Total Total Funds $ o (Must equal or exceed Total Development Cost) 2. Use of Funds a. Gross construction $ % b. Fees $ c. Financing and carrying $ d. Real estate acquisition $ e. Low/moderate subsidy $ q f. Other (specify____ ) $ g. Developer's profit/risk $ h. Debt service reserve $ % Total DevelopmenL Cost: $ 100 (Must equal IIIB, Line 9) _ _ 3. Use of Syndication Proceeds a. Gross syndication $ b. Syndication expenses $_- c. Reimbursement of developer's cash contribution $ - d. Reimbursement of developer's other contribution (land, notes, etc.) $ - e. Other (specify �) $ - Net Syndication Proceeds (1) See Note 1, Page 5 * Detail below or on separate sheet. Cl/ �o 0/ ;n q w PART IV: OPERATING PRO FORMA (for rental properties) First Year Second Third after Year Year Lease -Up 19 19 19_ INCOME 1. Potential -residential inc non -res income other income 2. Vacancies -residential @ non -res @ other @ 3. Other income (specify Total Effective Income OPERATING EXPENSES % Lease -Up Period ( mos) 1. Legal and accounting $ 2. Management fee _ ) 3. On site management payroll ) 4. Advertising _) 5. Other administrative$ - 6. Maintenance payroll 7. Contract services B. Supplies 9. Grounds, snow removal 10. Other maintenance 11. Sewer and water 12. Electricity _) 13. Gas and/or oil ) $__ $ $ 14. Insurance 15. Real estate taxes $ $ (Assessor's estimate) $ 16. Reserves Total Operatinq Expenses NET OPERATING INCOME (A - 3) RETURN ON EQUITY @ _ % or COVERAGE (Ratio of lncorne:D(+t $ $ $ $ Service -- AVAILABLE FOR DEBT SERVICE (C - D) TOTAL DEBT SERVICE (1) (l) See Note 1, Page 5. v r Orig Prin $ Interest f/—Year Amort over yrs mo pmts OR Yr pmt NET ADDITIONAL RETURN OR DEFICIT (E - F) $ TOTAL RETURN OR DEFICIT (C - G) $ $ $ $ 4. Indicate which roles are to be undertaken by developer and which will involve payments to another entity: Payment to Payment to Developer Others uuThrac-c) ng Architectural Engineering Legal Underwriting Market Study Marketing/Teasing Syndication Other (Specify sing Agent Proces TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director Shakopee HRA RE: Resolution 84-13 DATE: September 28, 1984 Introduction: On September 18, 1984, the HRA adopted Resolution 84-10 providing for the issuance of bonds to refund the initial K -Mart bonds. Developments since that time have created a need to .revise portions of the documents approved under that resolution. There- fore Wood Kidner of O'Conner and Hannan has recommended that a new resolution be adopted which supercedes 84-10, and provides for the appropriate documents. Background: There are two ma3or areas the new documents address: 1. A lower amount of bonds will be sold due to the fact that more of the excess construction proceeds will be available and provide for a lowering of the amount generated from the new refunding issue, thereby providing higher coverage in the first year for the General Obligation bonds. 2. The escrow agent for the bonds will be changed from First Trust, St. Paul to Norwest Bank Minneapolis, National Association. This change is necessary due to stipulations in the original K -Mart bonds. Requested Action: Adopt Resolution 84-13, A Resolution of the Housing and Redevelopment Authority in and for the City of Shakopee, Scott County, Minnesota, Authorizing the Issuance of $ Aggregate Principal Amount Tax -Increment Revenue Refunding Bonds, Series 1984, Dated as of October 1, 1984, and Approving the Form and Authorizing the Execution of Necessary Documents and Super - ceding Resolution No. 84-10. Resolution will be on table. `1-, 1) ,tf 1 BOARD OF COMMISSIONERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Resolution No. 84-,11 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA, AUTHORIZING THE ISSUANCE OF $3,140,000 AGGREGATE PRINCIPAL AMOUNT TAX INCREMENT REVENUE REFUNDING BONDS, SERIES 1984, DATED AS OF OCTOBER 1, 1984, AND APPROVING THE FORM AND AUTHO- RIZING THE EXECUTION OF NECESSARY DOCUMENTS, AND SUPERCEDING RESOLUTION NO. 84-10 RECITALS: The Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "Authority"), has by reso- lution adopted its Modified Housing and Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1, as amended (the "Redevelopment Plan") establishing Minnesota Housing and Redevelopment Project No. 1 (the "Re- development Project") as a "redevelopment project" and a "housing project" pursuant to the provisions of Minnesota Statutes, Chapter 462 (the "Redevelopment Act"). The Authority has previously issued its Special Obliga- tion Tax Increment Bonds, Series 1979, of which $3,865,000 remain outstanding (the "Refunded Bonds"), pursuant to an Indenture of Trust, dated November 1, 1979 (the "Series 1979 Indenture"), between the Authority and Northwestern National Bank of Saint Paul, Trustee, to purchase certain land and make certain improvements within the Redevelopment Project. 7 .17n -e- Llt'd3 u�i:�ii[[iiicu i'�* �',} �'� •_"��•^�•�•Fc•? Y�� -?.n order to accomplish the purposes specified in and to carry out the Redevelopment Plan and to relieve the Authority of certain covenants made in the Series 1979 Indenture with respect to the Refunded Bonds, for the Authority to refund the Refunded Bonds. The Authority is authorized by the Redevelopment Act and by Minnesota Statutes, Sections 273.71 through 273.78, as amended (the "Tax Increment Act") to sell and issue its special obligation bonds payable primarily from tax incre- ment to be derived from the Redevelopment Project to finance the public development cost of the Redevelopment Project and to refund outstanding special obligation bonds. The Author- ity has determined that it is necessary and advisable to refund the Refunded Bonds and to that end has authorized the creation of an issue of its Tax Increment Revenue Refunding Bonds, Series 1984, dated October 1, 1984 (the "Bonds"), upon the terms and conditions herein specified. The Authority proposes to enter into an Indenture of Trust, dated as of October 1, 1984 (the "Indenture"), with First Trust Company of Saint Paul, Saint Paul, Minnesota (the "Trustee"), to provide, among other things, for the issuance of the Bonds in the aggregate principal amount of $3,140,000, and the Authority and Norwest Bank Minneapolis, National Association, as Escrow Agent (the "Escrow Agent") propose to enter into an Escrow Agreement, dated as of October 1, 1984 (the "Escrow Agreement"), pursuant to which a portion of the proceeds of the Bonds together with a por- tion of the unexpended proceeds of the 1979 Bonds remaining on deposit in the Construction Fund created under the 1979 Indenture and not needed for the governmental purpose of the 1979 Bonds will be irrevocably deposited in escrow and in- vested (except for a cash deposit) in United States Treasury Notes --State and Local Government Series, the proceeds of which will be applied by the Escrow Agent solely to pay principal and interest on the Refunded Bonds as it shall become due. The Bonds issued under the Indenture will be secured by a pledge of a portion of the tax increment derived from City of Shakopee Tax Increment District No. 1, a portion of the proceeds of the Bonds and investment earnings thereon, and the principal of, premium, if any, and interest on the Bonds shall be payable solely from the revenues pledged therefor, and the Bonds shall not constitute a debt of the Authority or the City of Shakopee (the "City") within the meaning of any constitutional or statutory limitation nor shall consti- tute or give rise to a pecuniary liability of the Authority or the City or a charge against the Authority's or City's general credit or taxing powers and shall not constitute a - 2 - 7 charge, lien or encumbrance, legal or equitable, upon any property of the Authority other than its interest in said tax increment. The Authority has previously adopted its Resolution 84- 10 on September 18, 1984 providing for issuance of its revenue bonds to refund the 1979 Bonds, and has determined that certain modifications to the terms of issuance of the t�ona's are ITe-Cgs5crry- cfird t1'C�1id7/L'1C aiSL'� iii iii 3-�' of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMIS- SIONERS OF THE AUTHORITY, THAT: Section 1. Resolution 84-10 of the Authority, adopted September 18, 1984, is hereby revoked and is superceded in all respects by this Resolution 84-11. Section 2. For the purpose of refunding the outstanding 1979 Bonds and discharing the 1979 Indenture, there is hereby authorized the issuance of the $3,140,000 aggregate principal amount Housing and Redevelopment. Authority in and for the City of Shakopee, Minnesota, Tax Increment Revenue Refunding Bonds, Series 1984, dated as of October 1, 1984. The Bonds shall be issued in fully registered form, shall be in such denominations, shall bear interest, shall be num- bered, shall be dated, shall mature, shall be in such form and shall have such other details and provisions as are pre- scribed by the Indenture. Section 3. The Bonds shall be special obligations of the Authority, payable solely from the Pledged Increment (as defined in the Indenture), Bond proceeds, and the investment earnings thereon, and other revenues received by the Trustee under the Indenture. As security for the payment of the principal of and interest on the Bonds, pro rata and without preference of any one Bond over any other Bond, the Board of Commissioners of the Authority hereby authorizes and directs the Chairman and Executive Director to execute the Indenture and affix the corporate seal thereon and to deliver to the Trustee the Indenture and does hereby authorize and direct the execution of the Bonds by the facsimile signatures of the Chairman and Executive Director and the affixing of the corporate seal thereon and does hereby provide that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the holders of the Bonds, the Authority and the Trustee as set forth therein. All of the provisions of the Indenture, when executed and delivered as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as - 3 - -7 if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file in the office of the Secretary of the Authority with such necessary and appropriate variations, omissions and �....� nRgrtiQF7c'-c�...I�L'�yli♦•}£'��Qr,,.�P�LiirQ� .0�" .r3S�??��'a_�.r_m�n in his discretion, shall determine, and the execution thereof by the Chairman shall be conclusive evidence of such deter- mination; except that the Indenture shall be deemed to have and the final form of the Indenture shall have the following modifications: (1) in each place in the Indenture where the aggregate principal amount of the Bonds is referenced as $3,200,000," the aggregate principal amount of "$3,140,000" shall be inserted; (2) on page 3-1 of the Indenture, the aggregate principal amount of the Bonds maturing February 1, 1985 shall be $- 0 - rather than "$60,000;" and (3) the second paragraph of Section 3.05 of the Indenture shall be amended to read as follows: "Additionally, all moneys held in the Reserve Fund, and a portion of the moneys held in the Bond Fund and Construction Fund created under the 1979 Indenture for the Refunded Bonds shall be transferred to the Trustee by the Escrow Agent as directed by the Authority in an order to Escrow Agent and upon receipt by the Escrow Agent of the Escrow Deposit, for deposit into the Reserve Fund and Cost of Issuance Fund for the Bonds as directed by the Authority to the Trustee. Section 4. The Chairman and the Executive Director are hereby authorized and directed to execute, attest and de- liver the Escrow Agreement. All of the provisions of the Escrow Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Escrow Agreement shall be substantially in the form on file in the office of the Secretary of the Authority with such necessary and appropriate variations, omissions and insertions as per- mitted or required or as the Chairman, in his discretion, shall determine, and the execution thereof by the Chairman shall be conclusive evidence of such determination; except that the Escrow Agreement shall be deemed to have and the final form of the Escrow Agreement shall have the following modifications: (1) in each place in the Escrow Agreement � rQ -the �aareaate principal amount of the Bonds is -nafaxancp-d as " 3..200,.000.." the aggregate principal amount of 11$3,140,000" shall be inserted; and (2) the specific amounts o the deposits to the escrow account ii'steu' �r p-ag 'Dy 't)oria �bZZil��'1 a7i� �'h�ii b� 'v�i'iii u i�'ji i'iii ;t-ti.'i$ai accountants to comply with the restrictions of Section 103(c) of the Internal Revenue Code of 1954, as amended. - 4 - Section 5. The Chairman and the Executive Director are hereby authorized and directed to accept and confirm the Bond Purchase Agreement, dated October 2, 1984 (the "Bond Purchase Agreement"), from Miller & Schroeder Municipals, Inc. (the "Underwriter"), and accepted by the Authority, and the award of the Bonds to the Underwriter at the price set out in the Bond Purchase Agreement is hereby approved. All of the provisions of the Bond Purchase Agreement, when accepted and confirmed as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and de- livery thereof. The Bond Purchase Agreement shall be in the form on file in the office of the Secretary of the Authority with such necessary and appropriate variations, omissions and insertions as permitted or required or as the Chairman, in his discretion shall determine, and the execution thereof by the Chairman shall be conclusive evidence of such determination; except that the Bond Purchase Agreement shall be deemed to have and the final form of the Bond Purchase Agreement shall have the following modifications: (1) in each place the aggregate principal amount of the Bonds is referenced as "$3,240,000," the aggregate principal amount of "$3,140,000" shall be inserted; and (2) in paragraph 2 on page 4 thereof, the purchase price of the Bonds by the Underwriter shall be "$3,061,500" rather than "$3,159,000." Section 6. All covenants, stipulations, obligations and agreements or 'tne Autnor'iT_y -Z:nc'u contained in the Indenture, the Escrow Agreement and the Bond Purchase Agreement, snai 1 ne aeemea �o-'oe- tides cv��- "-- nants, stipulations, obligations and agreements of the Authority to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agree- ments shall be binding upon the Authority. Except as other- wise provided in this Resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Authority or the Board of Commissioners thereof by the provisions of this Resolution or the Indenture, the Escrow Agreement or the Bond Purchase Agreement, shall be exercised or performed by the Authority or by such members of the Board of Commissioners or by such officers, board, body or agency thereof as may be required by law to exercise such powers and to perform such duties. No covenant, stipula- tion, obligation or agreement herein contained or contained in the Indenture or the Escrow Agreement, shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the Board of Commissioners or any officer, agent or employee of the Authority in that person's individual capacity, and neither the Board of Commissioners of the Authority nor any officer executing the Bonds shall be lia- - 5 - ble personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 7. Except as herein otherwise expressly pro- vided, nothing in this Resolution or in -the Indenture, ex- press or implied, is intended or shall be construed to con- fer upon any person or firm or corporation other than the Authority, the holders of the Bonds issued under the provi- sions of this Resolution and the Indenture and the Trustee any right, remedy or claim, legal or equitable, under and by reason of this Resolution or any provision hereof or of the Indenture or any provision thereof; this Resolution, the Indenture and all of their provisions being intended to be and being for the sole and exclusive benefit of the Author- ity and the holders from time to time of the Bonds issued under the provisions of this Resolution and the Indenture. Section 8. In case any one or more of the provisions of this Resolution, the Indenture, the Escrow Agreement, the Bond Purchase Agreement or any of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provi- sion of this Resolution, the Indenture, the Escrow Agree- ment, the Bond Purchase Agreement or the Bonds, but this Resolution, the Indenture, the Escrow Agreement, the Bond Purchase Agreement and the Bonds shall be construed and en- dorsed as if such illegal or invalid provision had not been contained therein. Section 9. The Bonds shall contain a recital that the Bonds are issued pursuant to the Tax Increment Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions and things required by the Constitution and the laws of. the State relating to the adoption of this Resolution, to the issuance of the Bonds and to the execu- tion of the Indenture, the Escrow Agreement, and the Bond Purchase Agreement to happen, to exist and to be performed precedent to and in the enactment of this Resolution and precedent to the issuance of the Bonds and precedent to the execution of the Indenture, the Escrow Agreement and the Bond Purchase Agreement have happened, do exist and have been performed as so required by law. Section 10. The officers of the Authority, attorneys and other agents or employees of the Authority are hereby authorized to do all acts and things required of them by or in connection with this Resolution, the Indenture, the Escrow Agreement and the Bond Purchase Agreement, for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the Inden- TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director Shakopee HRA RE: Resolution 84-14 DATE: September 28, 1984 The HRA has previously adopted Resolution 84-8 requesting the City of Shakopee to issue its general obligation tax increment bonds to finance certain public improvements. In order to clear the way for the City Council to award the sale of the bonds at its meeting October 2, 1984, the HRA needs to adopt Resolution 84-14, A Resolution Approving and Authorizing Execution of the Tax Increment Pledqe Aqreement. 0 Extract of Minutes of Meeting of the Housing and Redevelopment Authority in and for the City of Shakopee, Scott County, Minnesota Pursuant to due call and notice thereof a meeting of the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Shakopee, Scott County, Minnesota, was held on the 2nd day of October, 1984, com- mencing at o'clock _.M., C.T. The following Commissioners were present: and the following were absent: The following Commissioner resolution was presented , who moved its adoption: RESOLUTION NO. 84-14 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF TAX INCREMENT PLEDGE AGREEMENT by WHEREAS, at the request of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "Authority"), the City of Shakopee, Minnesota (the "City"), proposes to issue and sell its $2,490,000 General Obligation Tax Increment Bonds, Series 1984A pursuant to Minnesota Statutes, Section 273.77(a), to finance certain expenditures I for public improvements undertaken by the Authority within the Authority's Minnesota Rivet Valley Housing and Redevel- opment Project. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, as follows: 1. The Tax Increment Pledge Agreement attached hereto and made a part hereof is hereby approved, and the officers of the Authority are hereby authorized and directed to take such steps as may be necessary to execute said Agreement, in substantially the form as attached, upon approval and execu- tion thereof by the City, and to carry out and fulfill the provisions and requirements thereof. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner 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. Executive Director airman - 2 - STATE OF MINNESOTA ) COUNTY OF SCOTT SS SHAKOPEE HRA I, the undersigned, being the duly qualified and acting Secretary of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the Board of Commissioners there- of, duly called and regularly held on October 2, 1984, with the original thereof on file in my office and I further certify the same is a full, true, and correct copy thereof, insofar as the same relates to the approval of a certain Tax Increment Pledge Agreement. i WITNESS,my hand as such Secretary and the corporate seal of the Authority this _ day of October, 1984. Secretary Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota - 3 - a TAX INCREMENT PLEDGE AGREEMENT This Tax Increment Pledge Agreement (the "Agreement") is dated as of October 2, 1984; is by and between the City of Shakopee, Minnesota (the "City"), and the Housing and Rede- velopment Authority in and for the City of Shakopee, Minne- sota (the "Authority"); and provides as follows: WHEREAS, at the request of the Authority, the City Coun- cil has on the date hereof adopted a resolution (the "Bond Resolution") awarding the sale of the City's $2,490,000 General Obligation Tax Increment Bonds, Series 1984A (the "Bonds") to provide financing for certain public improve- ments made or to be made by the Authority within its Minne- sota River Valley Housing and Redevelopment Project No. I (the "Project Area"); WHEREAS, the Authority has duly created its Tax Incre- ment Financing District No. 1 (the "Tax Increment District") within the Project Area; WHEREAS, the tax increments derived from the Tax Incre- ment District are pledged to the payment of the Authority's $5,300,000 Special Obligation Tax Increment Bonds, Series 1979 (the "Series 1979 Bonds"); WHEREAS, the Authority intends to issue its $3,650,000 Tax Increment Revenue Refunding Bonds, Series 1984 (the "Series 1984 Bonds") to refund the Series 1979 Bonds and thereby to release from the pledge to the Series 1979 Bonds certain of the tax increments to be derived from the Tax Increment District; WHEREAS, the property legally described as Lot 1, Block 1, Valley Park 3rd Addition, Scott County, Minnesota, con- sists of approximately 100 acres which lie entirely within the Tax Increment District, and tax increments to be derived from the aforesaid legally described property shall herein- after be referred to as -the Tax Increments; and WHEREAS, to provide funds sufficient for the timely payment of the debt service on the Bonds, it is necessary for the Authority and the City to enter into this Agreement; NOW, THEREFORE, in consideration of the covenants and agreements hereof between the City and the Authority, and pursuant to Minnesota Statutes, Section 273.77(a), the City and the Authority hereby recite and agree as follows: 1. The Bonds mature on February I in the years and amounts, and bear interest from their date, respectively, as provided in the Bond Resolution. a 2. For the purpose of paying the principal of and interest on the Bonds, when due, the Authority hereby pledges to the City, for deposit in the Debt Service Account established by the Bond Resolution, and the Authority shall pay to the City, Tax Increments at the times and in the amounts, but not in excess of the amounts, which are suf- ficient to pay such principal and interest, when due. if the Tax Increments are ever insufficient for such purposes, and the City, pursuant to the Bond Resolution, advances timely payment on the Bonds from the City's funds, the Authority further agrees to reimburse the City for such advances from Tax Increments, when collected by the Authority. 3. An executed copy of this Agreement shall be filed with the County Auditor of Scott County, as required by Minnesota Statutes, Section 273.77(a). 4. This Agreement shall become effective upon the actual issuance and delivery of the Bonds, but the Bonds shall not be issued and delivered by the City until the Authority has issued and delivered the Series 1984 Bonds. IN WITNESS WHEREOF, the City and the Authority have caused this Agreement to be duly executed and sealed as of the day and year first above written. CITY OF SHAKOPEE, MINNESOTA By Its Mayor By Its City Administrator HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA By Its Chairman By Its Secretary 1984 021) e -c fir/ � �CI t v�- `C'•�..'- i. �. ti.'(V.!_' ' L.r' -'�,7 C.-�. � i'�,'.f f t_;;�/,� � E,.�,Li�`,� (-, l%t'l �. •�/t�l l.G��= ��' L . i i 1 t LA y �+/ tl. �.'l. � � �.✓' ,' 4,i�,.�Y.4 i_. [ � - ` "�/ ti ii l.. �� \•� �'�C_ /r�. l.f ` � l q�� _ ��1 � i�7,.."� i' Al J Al RECEIVED SEP 19'M4 CITY OF SHAKOPEE 2.35 So. Lewis Shakopee, Mn. 55379 Sept. 18, 198+ City Council 129 1st Ave. E. Shakopee, Mn. 55379 Dear Members of the City Council: I regret that I feel I must resign as board member and secretary to the Shakopee Community Access Corporation. I have other responsibilities and I feel I can't devote the time necessary to help the group accomplish their goals. My association with the access corporation has been beneficial and perhaps as a regular member I can help out at various times. Please present my resignation, effective immediately, to the city council at their next meeting. Thank you, Barb Hegfors FOAA LxLe 0 01 DINI C'Mao I U. [SYNEg Ralph L. Reiter Chairman William G. Berryman Roger A. Blessum Coral S. Houle Neil W. Peterson Commissioners Honorable Mayor City of Shakopee City Hall and City Council Shakopee, Minnesota 55379 Ladies and Gentlemen: September 18, 1984 Dennis E. Daniels Administrator On behalf of the City of Bloomington and the Housing and Redevelop- ment Authority we wish to extend our sincere gratitude for your efforts in assisting us to secure the available portion of your entitlement share of th-- tax exempt industrial revenue bond alloca- tions totaling $1,969,000 from the State of Minnesota. With your approval, transfer of Shakopee's allocation to the City of Bloom- n}ter • -.. - _�,',��.: A 2 yif'dLLy' f��rdrrc'E� ��re i asll3iil y o our 10�cboro 13: stract', downtown redevelopment plan. The industrial bonds would most likely be used to finance two of our anchor projects in the redevelopment. One of the projects is an 87,000 square foot convenience shopping center that will be anchored by a Super Valu grocery store. The other pr03ect is a 50,000 square foot medical/dental office building. Primary tenants in this building will most likely be an existing medical clinic and dental practice already located in the Oxboro District. We are currently working with our bond counsel and bond under- writers to prepare -the necessary documents for formal transfer of the allocations. As soon as this information is available, we will pass it along to your city staff. In the meantime, if you have any questions or require any further information, please contact me. Once again, thank you for your cooperation. Sinker ly, ?SD' an s Administrator cc: James S. Druck Oxboro Redevelopment Company 2215 West Old Shakopee Road e Bloomington, Minnesota 55431 • (612)887-9637 I b 0" MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk' RE: Implementation of Character Generators DATE: September 25, 1984 Introduction Zylstra-United has applied for a variance from the franchise ordinance which variance would permit the character generator to be located at the head end instead of at Community Services. Community Services would receive, instead, a remote keyboard the same as the high school, Shakopee Area Catholic Schools and Public Library. The four remote keyboards will tie into the character generator at the head -end where the messages generated would then be put out on the appropriate access channels. Background Last November Council directed Z -U to deliver the character generators and monitors to the four institutions to avoid penalties for non -completion of the system, even though the institutions did not know where they wished them to be hooked up. Z -U, in their haste to be in compliance, acquired four VDS character generators instead of three Compu Vid remote keyboards for the Senior High, SACS and Public Library and one character generator for Community Services. It was subsequently determined that additional equipment would be needed to implement what was purchased at a great deal of additional cost. Since the character generators have not been used, Z -U desires to exchange them for the remote keyboards and main character generator. Since they originally purchased VDS equipment, they wish to exchange the incorrect equipment for VDS equipment rather than Compu Vid, as contained in the proposal. The franchise ordinance does allow an exchange of equipment as long as it is equal to or better than that proposed. They also wish to place the character generator at the head - end instead of at Community Services. Z -U, the Cable Commission and Mr. Muenchow, Community Services Director, all agree this would be more desirable. Mr. Abbott is negotiating with Store Company, who is going out of business, to obtain a character generator with 128 pages rather than the 25 pages provided in the proposal. I've checked with the four institutions and they are agreeable to wait a little longer in hopes of getting more elaborate equipment. Alternatives 1. Approve variance. 2. Deny variance. v 0' Cable Commission Recommendation Approval of Variance No. 3, dated September 10, 1984, installation of remote keyboards at the Senior High, Shakopee Area Catholic Schools, Public Library, and Community Services to be connected to a character generator at the Shakopee head -end, conditioned upon acceptable list of equipment being provided to the City within one week after operation of the equipment and that the City shall be advised if the cost for substitutions of equipment i,5 greater than the cost for equipment outlined in the franchise ordinance. Approve substitution of VDS system for the Compu Vid system as stated in Mr. Abbott's letter dated August 22, 1984. Request Mr. Abbott, Zylstra-United, to make attempts to complete negotiations with the vendor by October 22nd, to acquire the equipment necessary to implement the character generator and remote keyboards and if unable to do so to advise the Cable Commission prior to their October 22nd meeting, when he anticipates completion of the said negotiations. messages to be transported by using non -dedicated phones from the institutions to a phone at the head end, (2) Zylstra- United shall provide phone required (dedicated or non -dedicated) at the head end as well as any switching equipment needed, to. utilize the governmental and educational access channels, (3) the equipment provided shall be equal to that contained in the franchise ordinance and a list there of shall be provided to the City within one week after operation of the equipment, (4) no cost to the four institutions or the City shall be required to implement the equipment substitutions contained in the variance, (5) Zylstra-United shall advise staff if the cost for substitutions is greater than the cost for equipment outlined in the franchise ordinance. 2. Move that if Variance No. 3 is not implemented and operational by , Zylstra-United shall be placed in a penalty situation, pursuant to the Franchise Ordinance Section 9.03 Subd. G. Recommended Action (If additional information is provided) 1. Approve Variance No. 3, dated September 10, 1984, installation of remote keyboard at Sr. High, Shakopee Area Catholic Schools, 1 Public Library and Community Services to be connected to a character generator at the Shakopee head end. 2. Move that if Variance No. 3 is not implemented and operational by , Zylstra-United shall be placed in a penalty situation, pursuant to the Franchise Ordinance, Section 9.03 Subd. G. 1 JS/ams MEMO TO: Cable Communications Commission FROM: Judith S. Cox, City Clerk RE: Implementation of Character Generators DATE: September 24, 1984 In light of the additional information to the vari requests of September. 10, 1984, a recommended action might be: Approval of Variance No. 3, dated September 10, 1984, installation of remote keyboards at the Senior High, Shakopee. Area Catholic Schools, Public Library, and Community Services to be connected to a character generator at the Shakopee head -end, conditioned upon acceptable list of equipment being provided to the City within one week after operation of the equipment and that the City shall be advised if the cost for substitutions of equipment is greater than the cost for equipment outlined in the franchise ordinance. Number (office use only CITY, OF '�FiAKOP417 APPLICATION FOR VARIANCE FROM OR AMENDMENT TO CHAPTER 13 OF CITY CODE, CABLE COMMUNICATIONS FRANCHISE VARIANCE Contact Person: , /'YY. / Phone: */a- 4q P- 383/ Address: �ni J�lo �Z2et-�iCti, %72t-rv,.ta lX. S-S3/,P City State Zip Consultant: (if any) Address: Phone: City _ State Zip r Requirements of Franchise: .Zd ,.lc.L ,l az�-r� •-a.-� ,�l��x.��.��.. ct-u a. Cc f�-J�c� ,�eh-p �, d/,.,c�kap.�� --y &A-A-to2A�i .t- .Ccs a -A, --to" a-1- i'"- T c,L/. Citation for Requirement in Offering:�7_,� Requested Variance: rrL.:�E1.L'1 y�C.'Lw ��w�GGc�►��,(! `t -,-.CF ��- n. A#V XVI -1 e) 4'y'- rC vt►tP :tom LZ i tf �'t r.c L Gt Z incl 21 LEGE �t L Ct +� l�Cl �i /Lei -/�f Dt,O° B Y�21�... .0, 't,, a ltiC t+l It LGZ,G Reasons for Requesting V'tIL4 /LG6ez-/ ry I Variance (i.e. hardship, expense, delay, technical needs) �CEyr✓ Z4,eLh -;C4L1 je 1-4 d�Lra-=.L Lrk�Jl�ihl� l3��ZLinleo��,tii,F/tGl /lir%<GFi t/�sT fYn I��ZC f?LyCt�_� 4) a aAa JL .e- I 1j, a2sr 47 n,—J,11;ni, A7. 4 fd ✓zx`)ILr J.n1f cn i, c__ G !��_d�n,� /1/� i� �J�i PXG��'✓ i SigrAture of Applicant �►�-� �� 2�� Q��csF �,�.��-n�.e,c, Grp. „ti[�-Y��=��. �1.e LL�2.�.z 'aal��h� Q rt L 0A, pc �, ,, 1C,L ofN'L/ fi ,Q.,ctit-.Z 0 c ��c [ c �i e. (c t X) 7 he-� lbtLc Lc•C' CL -k a c - tc-ec h e " '� ' AhL Let �L C•2.' ' �yDt JId.L LCL (li�i t.LL �U YY ,e eQ�(c lea y tJ a. Gt :ta L�°c aY.lh -Zt CG c�1,C"'tee .-Yh & �� c4•G� cr tz Uzi'. r� � � � �, e� �CJ�t Cr�+cnLc,�k• :,� cEt.�.OU&IU41),L. (,accla rtr 4 -4 -OU -l. ft P�,tOLt4J —LL L.(,w a,L,- CL1 Ala v7", .�YLL�K9Z �Ll;% ��2!'-'e-� 0 V'� S .('-�'.cti. :y��,t��^/c•(T�1�i �2-p.,tic.�ilt'.v r)v('�c.� � 0`� IV .4/c l �� 2C.a rir►z� IN f Additional Information to Variance Requested September 10, 1984 by Zylstra-United Cable Television In order to clear up confusion surrounding the above stated request for a variance I should like to further explain certain items: 1. The phone and non -dedicated phone lines already in use by the institutions will be used to transport information generated by the institutional user to our head -end. The message will be accepted by an automatic answering device which will be connected to the character generator. The phone and the non- dedicated phone line already installed at the head -end will be used. Since the existing phone lines already in use by the institutions and the head -end will be used we do not anticipate that any additional expenditures will have to be made by the institutions or the cable company to transmit and receive messages. 2. The institutional operator chooses the channel upon which to send the message, the message is conveyed to the head -end via the above stated telephone lines and is accepted by the equip- ment at the head -end. The character generator automatically switches to the proper channel upon receipt of the message and then generates the message onto the proper channel. 123 West Third Street P.O. Box 146 Chaska, MN 55318 (612)448-3&31 ED August 22, 1984 J 2 1334 Ms. Judy Cox, City Clerk _;1TY OF SHAKOPEF, City of Shakopee 129 E. First Ave. Shakopee, MN 55379 Re: Character Generators for Institutional Use Der Judy: 'As you know from having been a part of the discussions related to the operation of the community character generation equipment, the Cable Commission Sub -Committee has discussed the various ways in which the equipment could be operated. After much discussion it appears that it would be advisable to vary slightly from the proposal relative to the equipment furnished and the operation of the equipment. Therefore, I am requesting permission to substitute equipment and to alter the operations mode slightly. I would appreciate it if you,,, would present this request to the full Cable Commission at its regular August meeting. As I believe I stated earlier, I will not be present due to a scheduling conflict. As outlined in the proposal, the library, the Catholic school and the public school would each receive a Compuvid CKB-3 remote key- board and the Shakopee Area Community Services office would receive a Compuvid remote character generator/keyboard. The SACS character generator would actually receive the messages from other institutions, generate the appropriate message and feed it into the cable system. In my judgment it would be better for all concerned if the main character generator were located in the head -end. SACS would then receive the same type of keyboard as the other institutions. This seems especially appropriate since our technicians have access to the head -end at all times. In my judgment, the inclusion of this equip- ment at SACS was an error in the proposal. Therefore, I formally re- quest that the system outlined in this papagraph be substituted for the system stated in the proposal. Secondly, I would propose to substitute VDS equipment for Compuvid equipment. I believe that the substitution of comparable equipment is permitted without special request. However, in view of the great amount of discussion on the matter of institutions, formal permission would be preferable in this instance. As you know, due to time con- straints character generators other than these proposed were deliv- ered to the various institutions. Inasmuch as VDS equipment was 'ordered we would prefer to be in a position to upgrade to appropriate VDS equipment in the event an exchange of equipment can be arranged. The VDS equipment which we propose to substitute is; of equal quality but actually provides 128 pages of memory rather than the 25 pages pro- posed. I would appreciate formal approval of this request contingent upon successful negotiation with VDS. Very truly yours, J.W. Abbott for 2ylstra-United Cable TV — 1Jz1 rvPCC (rviiuttiuiit�' eruire� 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education George F. Muenchow, Dir. August 27, 1984 Ms Judy Cox In reference to our earlier discussion: (i.e. Chacter Generator) 1. Are the Educational Channels and Governmental Channel now being combined? With one machine on the headend how will this be handled? 2. It is essential that someone moderates or coordinates this joint venture. We understand that this will be pre -determined by a committee of users including all other agreements including assignment of pages etc. George F. Muenchow A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 After due consideration of the its adoption: bids, Councilmember introduced the following resolution and moved RESOLUTION NO. RESOLUTION AWARDING THE SALE OF $2,490,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1984A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: 1. The bid of (the "Purchaser") to purchase the City's $2,490,000 General Obli- gation Tax Increment Bonds, Series 1984A (the "Bonds"), as described in the notice of sale thereof, is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and, subject to the con- tingency provided in paragraph 14 of this Resolution, shall be and is hereby accepted, such bid being to purchase the Bonds at a price of $ plus accrued interest to __date_ _of_ del ivery._-the Bonds_ to bear interest, to mature in the years and amounts, and to be subject to such other terms a -a$ "cUu-ri i-itlUiia as 'r e -ie i-rfal e -z "i'tze &ani v4i $ , being the amount bid in excess of $2,451,350, shall be credited to the Debt Service Account hereinafter created. The City Finance Director is directed to retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds and to return the checks of the unsuccessful bidders forthwith. 2. The City of Shakopee shall forthwith issue and sell its General Obligation Tax Increment Bonds, Series 1984A, in the total principal amount of $2,490,000. The Bonds shall be dated November 1, 1984, shall be fully registered without interest coupons and shall be numbered R-1 et sec, shall be - 3 - in the denomination of $5,000 each, or in integral multiples thereof, shall bear interest as set forth below, all inter- est payable February 1, 1985, and semiannually thereafter on February 1 and August 1 in each year, and shall bear inter- est at the rates per annum and mature serially on February 1 in the years and amounts as follows, respectively: Year Amount Year Amount 1985 $ 290,000 1992 $160,000 1986 95,000 1993 175,000 1987 105,000 1994 190,000 1988 115,000 1995 210,000 1989 125,000 1996 225,000 1990 135,000 1997 250,000 1991 145,000 1998 270,000 All Bonds maturing after February 1, redemption at the option of the City or interest payment date thereafter in ins ties at par plus accrued interest to dz not all of the principal amount of Bon ity are called for redemption, the Bo after defined) shall assign a separate multiple of each Bond of that maturi redemption amount by lot therefrom, a and deliver to each Registered molder redeemed thereby a new Bond in the amount not so redeemed. 1991, are subject to said date and on any erse order of maturi- te of redemption. If Is of the same matur- ed Registrar (herein - number to each $5,000 y, shall select the id shall authenticate of a Bond partially remaining principal 3. Both principal of and interest on the Bonds shall be payable by , in the City of which shall also act as registrar and transfer agent for the Bonds, or by its duly appointed and qualified successor thereto (such agent or successor herein referred to as the "Bond Registrar"), spaj..L pay the tLeas(fHaoi e ' cddrges of the Mona ` ` ana the city such services. Registrar for Bonds shall be in substantially the following - 4 - 4. The form: the seal of the City (if the same is to be printed on the Bonds), and the following paragraph shall be inserted on the face of the Bonds immediately preceding the above-mentioned final two paragraphs: REFERENCE IS HEREBY MADE TO THE ADDITIONAL PROVISIONS OF THISBONDWHICH ARE SET FORTH ON THE REVERSE SIDE HEREOF.) All Bonds of this issue maturing after February 1, 1991, are subject to redemption at the option of the City in in- verse order of maturities on said date and on any Interest Payment Date thereafter at a price of par plus accrued in- terest to date of redemption. If the City elects to prepay a pro ncpal amount of Bonds which results in not all of the principal amount of Bonds of the same maturity being called for prepayment, the Bond Registrar shall assign a separate number to each $5,000 multiple of each Bond of that matu- rity, shall select the appropriate prepayment amount by lot therefrom, and shall authenticate and deliver to each Regis- tered Holder of a Bond partially prepaid thereby a new Bond in the principal amount not so prepaid. Notice of any prior redemption of this Bond shall be given in the manner re- quired by law and shall be mailed to the Registered Owner no less than 15 days prior to the date of redemption. This Bond is one of an issue of fully registered Bonds without interest coupons in the total principal amount of $2,490,000, all of 'Like date and tenor except as to matur- ity, interest rate, redemption privilege, and registration number, all issued by the City for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvement -s, pursuant to and in full confor- mity with the Constitution and laws of the State of Min- nesota, including Minnesota Statutes, Sections 273.71 to 273.78, inclusive, and is payable from ad valorem tax incre- ments derived. from a certain tax increment financing dis- trict within the City and pledged to the payment hereof pursuant to a resolution adopted by the governing body of the City (the "City Council") on October 2, 1984, autho- rizing the issuance of the Bonds; and pursuant to a certain Tax Increment Pledge Agreement, dated as of October 2, 1984, between the City and the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, but this Bond constitutes a general obligation of the City, and, to pro- vide moneys for the prompt and full payment of the principal of and interest on all of the Bonds as the same become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged, and the City Coun- cil will. levy ad valorem taxes, if required for such pur- pose, which taxes may be levied on all of the taxable prop- erty in the City without limitation as to rate or amount. - 6 - This Bond may be transferred or exchanged, but only upon the Bond Register and only by the Registered owner or its attorney duly authorized in writing, upon surrender hereof together with a duly executed written instrument of transfer satisfactory to the Bond Registrar, whereupon the Bond Reg- istrar shall authenticate and deliver in the name of the designated transferees a new registered Bond or Bonds of the same aggregate amount, maturity, rate of interest, and other terms hereof. Only the Registered Owner shall be entitled to receive the principal of and interest on this Bond, and the City and the Bond Registrar may treat the Registered Owner as the absolute owner hereof for all other purposes whatsoever. IT IS HEREBY CERTIFIED AND RECITED that all acts, condi- tions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Bond have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebt- edness of the City to exceed any constitutional or statutory limitation thereon. �L IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of its Mayor and City Administrator; has caused this Bond to be executed manually by the Bond Registrar, as the City's duly appointed authen- ticating agent for the Bonds; has caused the official seal of the City to be omitted from this Bond as permitted by law; and has caused this Bond to be dated November 1, 1984. (OMIT SEAL) (facsimile signature) (facsimile signature) City Administrator - Mayor - 7 - This Bond issued pursuant and delivery. Date of Authentication: CERTIFICATE OF AUTHENTICATION is one of the Bonds designated herein and to the resolution authorizing its issuance Bond Registrar By Its Authorized Signature ASSIGNMENT FOR VALUE RECEIVED, the undersigned, hereby sells, assigns, and transfers unto (Tax Identification or Social Security No. this Bond and all rights thereunder and hereby irrevocably constitutes and appoints J, as attorney of the undersigned, to transfer this Bondon the Bond Register with full power of substitution. Date: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of this Bond in every particular, without alteration, enlargement, or any other change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm which is a member of a major stock exchange. The Bond Registrar will not transfer this Bond unless the following information on the transferee is provided (including such information on all joint owners if the Bond(s) are to be held by joint account): - 8 - Name and Address: The following abbreviations, when used in the inscrip- tion on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in City TEN ENT - as tenants by the entireties ,IT TEN - as joint tenants with right of survivorship and not as tenants in City UNIF GIFT MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts to Minors Act of (State) Additional abbreviations may also be used though not in the above list. (End of Bond Form) 5. The City Clerk shall obtain a copy of the proposed approving legal opinion of bond counsel, O'Connor & Hannan, of Minneapolis, Minnesota, which shall be complete except as to dating thereof, shall cause such opinion to be filed in the offices of the City, and shall cause said opinion to be printed on each of the Bonds, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the following form: I hereby certify that the foregoing is a full, true, and correct copy of the legal opinion exe- cuted by the above-named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of delivery of the Bonds. (facsimile signature) City Clerk City of Shakopee, Minnesota 6. The Bonds shall be executed on behalf of the City by the facsimile signatures of the Mayor and the City Administrator and shall be duly authenticated by the manual signature of an authorized representative of the Bond Registrar, hereby designated by the City as its authen- - 9 - ticating agent for the Bonds pursuant to Minnesota Statute, Section 475.55, Subdivision 1. The Bonds, when fully exe- cuted, shall be delivered by the City Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obligated to see to the proper appli- cation thereof. 7. There is hereby created on the official books and, records of the City an account designated as $2,490,000 Gen- eral Obligation Tax Increment Bonds, Series 1984A Debt Ser- vice Account (the "Debt Service Account"), which shall be held in trust by the City for the benefit of the holders from time to time of the Bonds, as hereinafter provided. Until the principal of and interest on all of the Bonds are paid, or until all of the Bonds are otherwise discharged as hereinafter provided, there shall be credited to and main- tained in the Debt Service Account (1) those tax increments (the "Tax Increments") which are received by the City pursu- ant to that certain Tax Increment Pledge Agreement, dated as of October 2, 1984, between the City and the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, in amounts, but only in such amounts, which will be sufficient to pay, when due, the principal of and inter- est on the Bonds; and (2) the proceeds of any general ad valorem taxes hereafter levied by the City for the purpose of paying the principal of and interest on the Bonds. The aforesaid funds in the Debt Service Account shall be used only and exclusively for, and are hereby pledged to, the payment of the principal of and interest on the Bonds, when due. If any such payment of principal or interest shall become due when there are not sufficient funds in the Debt Service Account to pay the same, the City Finance Director shall pay such principal or interest from the general fund or other available fund of the City, and such fund shall be reimbursed for such advances from the proceeds of the Tax Increments or. of any general ad valorem taxes hereafter levied for such purposes, when collected. 8. The full faith and credit and taxing powers of the City are hereby pledged to the payment of the principal of and interest on the Bonds, and in the event of any currrent or anticipated deficiency of funds in the Debt Service Account of amounts needed to make any such payment, when due, the City Council shall levy ad valorem taxes on all taxable property in the City in the amount of such defi- ciency. 9. It is hereby determined that the Tax Increments Will be in the principal amount of at least 20% of the cost of the public improvements financed by the Bonds, that the estimated collections of Tax Increments will produce at least 5% in excess of the amount needed to meet, when due, - 10 - the principal of and interest on the Bonds, and that no tax levy is needed at this time. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor of Scott County, Minnesota, and to obtain the cer- tificate required by Minnesota Statutes, Section 475.63. io. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceed- ings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and to furnish such other certificates, affidavits, and transcripts as may be required to show facts within their knowledge or as shown by the books and records in their custody and under their control relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 11. The Mayor, the City Administrator, and the City Finance Director are hereby authorized and directed to cer- tify that they have examined the official statement or pro- spectus prepared and circulated in connection with the issu- ance and sale of the Bonds and that to -the best of their knowledge and belief said official statement is a complete and accurate representation of the facts and representations made therein as they relate to the City. 12. The City covenants and agrees with the holders from time to time of the Bonds that the City will not take or permit to be taken by any of its officers, employees, or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Reve- nue Code of 1954, as amended, and regulations issued there- under, as now existing or as hereafter amended or proposed and in effect -at the time of such action. 13. When any Bond has been discharged as provided in this paragraph, all pledges, covenants, and other rights granted by this Re -solution to the holder(s) of such Bond shall cease, and such Bond shall no longer be deemed to be outstanding under this Resolution. The City may discharge its obligations with respect to any Bond which is due on any date by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds by depositing with the Bond Registrar on or before the duly declared date of prepayment an amount equal to the principal and interest then due, provided that notice of such redemption has been duly given according to law. T h e City r., -,ay also at any time discharge its obligations with respect to any Bonds, subject tp the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and matur- ing on such dates as shall be required to pay all principal and interest on such Bonds as the same become due. 14. The City Council hereby approves and authorizes the Mayor and City Administrator to P-xecu4k,--e the Tax Increment Pledge Agreement attached hereto, with such modifications, if any, as such officers shall approve, as evidenced by t'neir signatures thereof. As provided in said Agreement, the Bonds shall not be issued and delivered by the City until the Shakopee Housing and Redevelopment Authority issues and delivers its $3,6550,000 Tax Increment Revenue Refunding Bonds, Series 1984 (the "Series 1984 Bonds"), and the sale of the Bonds to the Purchaser provided in this Resolution shall be contingent upon the issuance and de - 1 ..4very of the Series 1984 Bonds. J The, motion for the adoption of the foregoing resolution was duly secondd by Council-ineimber I and upon vote being taken thereon, the following voted in favor thereof: -ind the the Liaftio: �":hereupon Said, w' -u; declarc(i duly passed and adopted. Adoptecl :', 1981. l,'!.'T E S T : City .'lark Approved as to Corlm this of O".cLobel" 198"1. - -11" - Mayor of tic; CiLy of Shakopee TAX INCREMENT PLEDGE AGREEMENT This Tax Increment Pledge Agreement (the "Agreement") is dated as of October 2, 1984; is by and between the City of Shakopee, Minnesota (the "City"), and the Housing and Rede- velopment Authority in and for the City of Shakopee, Minne- sota (the "Authority"); and provides as follows: WHEREAS, at the request of the Authority, the City Coun- cil has on the date hereof adopted a resolution (the "Bond Resolution") awarding the sale of the City's $2,490,000 General Obligation Tax Increment Bonds, Series 1984A (the "Bonds") to provide financing for certain public improve- ments made or to be made by the Authority within its Minne- sota River Valley Housing and Redevelopment Project No. 1 (the "Project Area"); WHEREAS, the Authority has duly created its Tax Incre- ment Financing District No. 1 (the "Tax Increment District") within the Project Area; WHEREAS, the tax increments derived from the Tax Incre- ment District are pledged to the payment of the Authority's 05,300,000 Special Obligation Tax Increment Bonds, Series 1979 (the "Series 1979 Bonds"); WHEREAS, the Authority intends to issue its $3,650,000 Tax Increment Revenue Refunding Bonds, Series 1984 (the "Series 1984 Bonds") to refund the Series 1979 Bonds and thereby to release from the pledge to the Series 1979 Bonds certain of the tax increments to be derived from the Tax Increment District; WHEREAS, the property legally described as Lot 1, Block 1, Valley Park 3rd Addition, Scott County, Minnesota, con- sists of approximately 100 acres which lie entirely within the Tax Increment District, and tax increments to be de'rived from the aforesaid legally described property shall herein- after be referred to as -the Tax Increments; and WHEREAS, to provide funds sufficient for the timely payment of the debt service on the Bonds, it is necessary for the Authority and the City to enter into this Agreement: NOW, THEREFORE, in consideration of the covenants and agreements hereof between the City and the Authority, and pursuant to Minnesota Statutes, Section 273.77(a), the City and the Authority hereby recite and agree as follows: 1. The Bonds mature on February 1 in the years and amounts, and bear interest from their date, respectively, as provided in the Bond Resolution. 2. For the purpose of paying the principal of and interest on the Bonds, when due, the Authority hereby pledges to the City, for deposit in the Debt Service Account established by the Bond Resolution, and the Authority shall pay to the City, Tax Increments at the times and in the amounts, but not in excess of the amounts, which are suf- ficient to pay such principal and interest, when due. if the Tax Increments are ever insufficient for such purposes, and the City, pursuant to the Bond Resolution, advances timely payment on the Bonds from the City's funds, the Authority further agrees to reimburse the City for such advances from Tax Increments, when collected by the Authority. 3. An executed copy of this Agreement shall be filed with the County Auditor of Scott County, as required by Minnesota Statutes, Section 273.77(a). 4. This Agreement shall become effective upon the actual issuance and delivery of the Bonds, but the Bonds shall not be issued and delivered by the City until the Authority has issued and delivered the Series 1984 Bonds. IN WITNESS WHEREOF, the City and the Authority have caused this Agreement to be duly executed and sealed as of the day and year first above written. CITY OF SHAKOPEE, MINNESOTA By Its Mayor By Its City Administrator HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA By Its Chairman By Its Secretary AUGUST 21» 1984 T PERRY L. CHEEVER, RESPECTIVELY SUBMIT MY RESIGNATION AS CITY MECHANlCj EFFECTIVE SEPTEMBER » 1984, k RESOLUTION -NO, 212 3— A RESOLUTION OF APPRECIATION TO PERRY L. CHEEVER WHEREAS, Perry L. Cheever has served the City of Shakopee as City Mechanic from March 12, 19'(3 to September 21, 1984; and WHEREAS, during his employment, Perry took his responsibilities very seriously and performed them in a superior manner at all times, and WHEREAS, Perry well represented the City of Shakopee in serving the general public and his fellow employees in a most cheerful and conscientious manner; and WHEREAS, Perry war, always ;tilling and ready to assist his fellow emplcyees when they asked for, his help. NOW, THEREFORE, BE IT RESOLVED that the Shakopee City Council does hereby extend a token of thanks and appreciation to Perry L. Cheever for his dedication and hard work during his employment with the City of Shakopee and wishes him well in his future endeavors. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of' October-, 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1984, City Attorney TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Personnel Policy - Recommended Change DATE: September 26, 1984 Introduction• The recent advertisement administrative intern uncovered personnel classifications which as conceptualized. Discussion and are outlined in this memo. Background• and selection process for the some discrepancies in existing do not provide for the position recommendations on the situation The current employee classifications provide for permanent (ongoing) and temporary (not exceeding one year) employees, but does not address hiring an individual for a defined period of more than one year. Under existing policies temporary employees receive no health benefits, vacation pay, holiday pay or sick leave and if they are employed for a short enough time, do not contribute individually or have the City contributions to PERA made on their behalf. For the Administrative Intern position ano others recently advertised, such as the building inspector, there has been a desire to include at least some non -salary benefits as part of the compensation package, even though the positions are not considered ongoing. In addition the City Administrator has sometimes negotiated a separate employment contract which varies in some ways from the City personnel policies. To try and address these varied situations without just extending the period for which temporary employees are defined or creating a new semi-permanent classification, it is recommended that a new category, "Contracted Employee" be created which would allow the Council to deviate from standard personnel procedures for unique positions, but still clearly define those deviations up front for the benefit of both the potential employees and the payroll department. Alternatives - 1. Extend the definition of temporary employee for more than one year. 2. Create a new semi-permanent employee classification to cover a period beyond temporary, but less than permanent, ongoing. 3. Create new category, "Contracted Employee" which would allow Council to deviate from standard temporary or permanent classifications (or other peronnel provisions) on a case-by-case basis. 4. Do not charge personnel policy but still handle certain benefit issues on a case-by-case basis. Recommended Action: Direct staff to prepare for Council consideration at its October 16, 1984, meeting, a resolution amending the personnel policy to provide for a contracted employee who does not fall into the categories of permanent or temporary employee and/or has negotiated unique terms of employment as outlined in a separate contract approved by the City Council. Further directing that any iters not addressed by the contract will be covered by the terms of the personnel policy. / /1 TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Hiring of Administrative Intern DATE: September 26, 1984 Introduction: The City Council has authorized the creation of an adminis- trative intern position to take on transit and cable and provide other assistance as necessary. After prescreening and interviews staff is ready to make a recommendation to the City Council. The attached notice advertised the position. Forty-one appliations were received and five persons were selected for interviews. Overall the quality of applicants was high and I trunk supports the creation of this position. Those interviewed were requested to make a one year commitment to stay on with the City, and were told that they could not expect the position to last more than two years. I have proceded with this position as if it is a full-time position with benefits (and budgeted accordingly) although it has not been advertised as an ongoing position, and therefore is not clearly addressed in the personnel policy, as is fully explained in another memo. The issue of benefits should be addressed by Council before a formal letter of employment is prepared for any person who will fill this position. Recommendation:_ The interviewing Committee of John Andrson, Judi Simac and Jeanne Andre agreed on the recommendation of Barry Stock for this position. It is recommended that a contract be developed for this position establishing a pay rate of $5.75 per hour, health benefits, sick leave and vacation and holiday pay at a beginning level all effective as of October 15, 1984. (Which is the beginning of a pay period). Severence pay is recommended to be excluded from the benefits until after October 15, 1985. Requested .Action: Authorizing the hiring of Barry Stock to fill the position of Administrative Intern and direct staff to develop a contract with Mr. Stock as follows: pay rate $5.75 per hour, with health benefits, sick leave and vacation and holiday pay at a beginning level. The contract is to include a minimum of one year and maximum of two years in the position, with no severence pay until after one year of service, the contract to be effective October 15, 1984. ADMINISTRATIVE INTERN City of Shakopee The City of Shakopee is presently accepting applications for a full- time Administrative Intern for an approximate 1 112 - 2 year period. Duties include functions in Transportation (25%), Cable C011111ILinications (50%) and general municipal functions (25%). A more detailed job description is available upon request. B.A. Degree is required, preferrably in Public Administration, Planning or Communications. M. A. Degree a plus. Anticipated starting date the end of October, 1984. Salary approx. $12,0001yr. Appl i ca tk ion s and j ob descr iption s a re ava i lable a t Shakopee Ci ty Hal 1 , 129 East Ave., Shakopee, Mn'. 55379, 44-5-3650. Applications/ - resumes will be accepted through September 15, 1984. AN EQUAL OPPORTUNITY EMPLOYER Memo To: John K. Anderson, City Administrator From: Gregg M. Voxland, Finance Director Re: Budget Resolutions & Information Date: September 28, 1984 Introduction The County is apparently going to increase their levy from $9.5 million to $10.25 million or a 7.9% increase. The School is apparently going to go up 8-9 mils or about 151 but their budget isn't finalized. Levy_ Alternatives Attached are Resolution No. 2306 setting the tax levy, Resolution No. 2305 canceling certain debt service levies and Resolution No. 2304 consenting to the HRA tax levy. These resolutions are as Council has seen them before which represents a $23,031 U .6%) drop in the levy. If Council wants to maintain the same dollar levy as last year, Resolution No. 2306 should have a line inserted in the Debt Service category for "'80 Imp." and $23,031. The "Total Debt Service" levy of $210,497 then changes to $233,528 and the "Total City Levy" of $1,384,012 changes to $1,407,043. The actions also dictate that Resolution 2305 be changed. The fourth paragraph which states "NOW, THEREFORE . . . and not levy a tax in the amount of $55,736.00. . .", the $55,736 should be charged to $32,705. Sewer Rate Increase Council may want to discuss the Sewer Fund Budget in more detail. If a sewer rate increase is approved it would be included as part of the master fee resolution and be effective in April, 1985. Budget Resolution Council adopted the C.I.P. on 9/25/84. Additional budget material for the Park Reserve Fund, Capital Improvement Fund and Special Assessment Funds will be prepared based on the C.I.P. The revised budget document and the resolution adopting it will probably not be ready before the November 5th Council meeting. General Fund Correction An omission in the draft 1985 Budget has come to light. The supplies and service category for the Street Dept. as shown is understated by $51,480 from the Department request. Staff proposes to cover this by: Budget Resolutions & Information Page 2 Revenue Increase Liquor Licenses (Track & 2 Others) Fire Calls & Contracts (Pumper Payment from Townships) Expenditure Cuts H & L (Various Depts.) ($25-$15/mo. Inc.) Council Salary Increase (Action now won't be effective until '86) Street Rents Street Travel Street Building Maint. Engineering Overtime Engineering Prof. Services Forestry Prof. Services Fire Building Maint. (Mtg. room floor) Park Rentals Govt Buildings Utilities Govt Buildings Prof. Services Contingency General Fund Contingency Recap $12,300 3,000 5,000 3,600 1,500 80 2,000 2,000 2,500 5,000 5,000 1,000 1,000 1,000 6,500 51,480 A recap of the contingency todate is: As shown on budget draft $185,547 Refilling Police Position -35,000 New Police Position -28,000 Expenditure Cuts (memo 9/21/84) +45,000 to it Above - 6,500 SUBTOTAL 161,047 Contained within contingency Salary Reserve -30,000 Track Ticket Fee (70,000 - new policeman) -42,000 TOTAL 89,047 Summary If Council agrees with the changes as discussed in the last two sections above, it can pass Resolution 2306 after deciding on whether or not to levy the $23,031 for Debt Service to hold taxes at the '84 level. Action Requested Adopt Resolution Numbers 2306, 2305 & 2304. GMV:mmr RESOLUTION NO. 2304 A RESOLUTION CONSENTING TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq., as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as taxing districts for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states that the special levy shall not exceed 10 cents on each $100 of taxable valuation in the area of operation, and WHEREAS, Section 462.545 states that the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council consents to and joins in a special tax levy of $23,000 by the Housing and Redevelopment Authority in and for the City of Shakopee for taxes payable in 1985. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1984. City Attorney RESOLUTION NO. 2305 A RESOLULTION DIRECTING THE COUNTY AUDITOR NOT TO LEVY A TAX FOR DEBT SERVICE FOR SELECTED BOND ISSUES WHEREAS, the City Council of the City of Shakopee has issued G.O. Improvement Bonds of 1975, G.O. Improvement Bonds of 1976, and G.O. Improvement Bonds of 1980; and WHEREAS, the tax levy for 1984 collectible in 1985, as set at the time of the bond sales is $405.00, $9,143.00, $55,736.00; and WHEREAS, the City Council of the City of Shakopee has determined to have sufficient funds on hand to cancel these tax levies; and N%,', THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the County Auditor of Scott County is hereby directed not to levy a tax in the amount of $405.00 collectible in 1984 for G.O. Improvement Bonds of 1975, and not to levy a tax in the amount of $9,143.00 collectible in 1984 for the G.o. Improvement Bonds of 1976, and not to levy a tax in the amount of $55,736.00 collectible in. 1984 for the G.Q. Improvement Bonds of 1980. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of _ 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1984. City Attorney RESOLUTION NO. 2306 A RESOLUTION APPROVING 1984 TAX LEVY, COLLECTIBLE IN 1985 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following sums of money be levied for the current year, collectible in 1985, upon the taxable property in City of Shakopee, for the following purposes: GENERAL FUND LEVY $1,075,646 SPECIAL LEVIES: Judgements $ 17,366 Matching Funds 28,890 Shade Tree 24,000 Ind. & Comm. Dev. 24,122 Tax Abatements 3,491 TOTAL SPECIAL LEVY 97,869 TOTAL GENERAL FUND $1,173,515 DEBT SERVICE: '74 Imp. 6,467 '77-B Imp. 70,236 '77-C Imp. 26,500 Public Service Building 106,995 '81 Imp• 299 TOTAL DEBT SERVICE $ 210,497 TOTAL CITY LEVY $1,384,012 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Scott County, Minnesota. Adopted in _ session of the City Council of the City of Shakopee, Minnesota, held this day of , 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of , 1984 City Attorney Memo To: John K. Anderson, City Administrator From: Gregg M. Voxland, Finance Director Re: Audit Services for 1985 Date: September 28, 1984 Introduction & Background Attached is Jerome Jaspers & Co. proposal and engagement letter for 1985. Staff has recommended changing auditors in previous years without any negative reflection on Jaspers & Co. , however Council had decided to continue to retain Jaspers & Co. throughout that time period. Although staff still favors changing auditors, Jaspers & Co.'s proposal is forwarded for Council consideration consistent with previous years. Alternatives 1. Accept Jaspers & Co. proposal 2. Seek proposals from other firms Recommendation Unless the Council determines that it definitely wants to change auditors, going out for proposals is not recommended by staff because the City is losing credibility by repeatedly asking for proposals but staying with the same firm. Therefore, although staff favors changing, the results of recent proposal processes and the lateness in the year override this and the recommendation is to accept Jaspers & Co. proposal for 1985. Action Requested Move to accept Jerome Jaspers & Co. proposal for 1985 audit services. GVM:mmr NitCMRF: RS OF 111V ANIERICAN, INS111t"IT: OF CERMILD PI RLI(' A((OC NIANIS JEROME JASPERS. C.P.A. JAMES STREEFLAND, Jr. C.P.A. JEROME JASPERS & COMPANY QPrlil"'d 71"61,C _�7ccounlanls September 25, 1984 Members of the City Council City of Shakopee Shakopee, Minnesota 55379 Dear Members: 2061,( 10 . I I STREF:1' SHAKI)PF.F., MINNFSIITA 55179 1 LLF.PHONF-: (612) 445-2817 Enclosed is our engagement letter for the annual examination of the financial statements of the City of Shakopee for the year ending December 31, 1984. Our fee for audit services for 1984 is estimated to be $7,500. Thank you for the opportunity of submitting our proposal. Yours truly, UEROME JASPERS & CO. Certified Public Accountants JJ/mg Page 2 If the above understanding is acceptable to you, and the services outlined are in accordance with your requirements, please sign the copy of this letter in the space provided and kindly return to us. We are looking forward to an enjoyable and continuing association in service to you. Yours truly, JEROME JASPERS & CO. Certified Public Accountants JJC/mg Enclosures The services described in the foregoing letter are in accordance with our requirements. The understanding described in the letter is acceptable to us and is hereby agreed to. City Administrator Memo To: John K. Anderson, City Administrator From: Gregg M. Voxland, Finance Director Re: Farm Lease Date: September 28, 1984 Introduction & Backzound Attached is a copy of the proposed farm lease for Memorial Park land. The land was leased by William Hauer for many years. He is quitting farming and Gene Hauer wants to assume the lease for Memorial Park. The lease is the same as previous years except for not making the lessee pay any special assessments levied on the property. It is anticipated that there would be no assessments on that property in the near future so there is no effect on the City from the change. The City has tried to bid farm leases before and had no responses. Alternatives 1. Lease to Gene Hauer 2. Not lease the property 3. Try bidding the lease Recommendation Alternative no. I Action Requested Move to approve farm lease to Gene Hauer Farms for Memorial Park land as proposed. GM11 :mm r CITY OF SHAKOPEE, MINNESOTA FARM LEASE THIS AGREEMENT is made and entered into by and between the City of Shakopee, Minnesota, and Gene Hauer Farms, 2088 Hauer Tail, Shakopee, Minnesota, hereinafter referred to as LESSEE. WITNESSETH: The City and LESSEE, in consideration of the rents, covenants and agreements herein contained and reserved, do hereby agree each with the other as follows: 1. The City grants and the LESSEE accepts a Lease of the following described premises in Scott County, Minnesota, to wit; Government Lot 1 in Section 31, Township 116, Range 22 and Government Lot 1 in Section 32, Township 116, Range 22. 2. The LESSEE agrees that it will not sublet, assign, or in any manner transfer any part of his interest in the premises without the prior written approval of the City. 3. Use of the Premises: 3.1 It is agreed that LESSEE shall not use the premises for any purpose contrary to any Federal, State, or local law, rule or regulation. 3.2 The subject premises shall be used only for the purposes of: Agricultural cropping. 4. As rent, the LESSEE agrees to pay the sum of not less than $250.00, and not more than $500.00 prorated with crop loss due to flooding. The amount due payable on, or before November 15, 1985. 5. The LESSEE assumes by this agreement all risk of personal injury of, or death of himself, his employees, customers, invitees, licensees, family or guests while on or about the leased premises, and agrees to save harmless the City of Shakopee for all claims, suits, costs, losses, damages and expenses arising out of such injury or death. 6. The LESSEE assumes by this agreement all risk of injury on the property to himself, his employees, customers, invitees, licensees, family or guests while on or about the leased premises, and agrees to save harmless the City of Shakopee for all claims, suits, losses, cost damages and expenses arising out of such injury. 7. The LESSEE agrees to maintain the premises, including the control of noxious weeds in the entire 63 acres as required by law or regulation at his expense, and to maintain any and all building and their appurtenances on the subject premises. 8. Payment of taxes or levied upon the premises during the life of this agreement shall be the complete responsibility of the LESSEE and shall not be considered as a portion of the rental herein involved. The LESSEE further agrees that if, after this agreement has expired or has been terminated, a tax or assessment is levied upon the premises, LESSEE shall pay that portion of the tax or assessment which corresponds to the portion of the taxation or assessment period in which this agreement was in effect. LESSEE shall be responsible for taxes due and payable on January 2, 1986. 9. The LESSEE convenants that he will, at the expiration of this agreement, return the premises and any building and appurtenances thereon to the City in the same condition excepting normal use and damage by the elements, and agrees to assume- all responsibility for damage to the leased premises which result either directly or indirectly from his occupancy or control. J Farm Lease Agreement Page 2 10. If at any time during the life of this agreement the LESSEE violates any condition thereof, the City shall give written notice to the LESSEE setting forth the activity or omission by the LESSEE which is in violation of this agreement and further gives LESSEE thirty (30) days to remedy said breach. 10.1 In the event that the LESSEE fails to remedy said breach within thirty (30) days of notice by the City, the City may terminate this agreement and the LESSEE shall relinquish possession of the subject property immediately. 10.2 LESSEE shall remove it's equipment and implements, but all crops on the subject property shall be the property of the City. 11. The City and the LESSEE agree that the City may sell the subject premises at any time, but the LESSEE shall be premitted to tend and harvest any and all crops on said land before relinquishing possession of the subject property. 12. This agreement shall take effect on January 31, 1985, or when all necessary signatures have been affixed,- whidhever occurs last, ana 'snAii'remaiii -iri - effect until December 31, 19&5, or until terminatdd uiider'Atti.cies^J or' fu under this agreement, whichever occurs first. 13. In the event that the crop land is leased out to a new tenant for the 1985 crop year, the new tenant shall have the right to fall plow, in 1985, any of the fields where the crops have been removed. In witness whereof said LESSOR and LESSEE have hereunto set their hands on this day of , 1984. In presence of: Gene Hauer Mayor City Administrator City Clerk TO: MAYOR, COUNCIL MEMBERS FROM: TOM BROWNEL.L, CHIEF OF POLICE SUBJECT: RICHARD'S PUB MOTION DATE: SEPTEMBER 10, 1984 INTRODUCTION Council action of August 28, 1984, motion directing police department to thoroughly investigate Richard's Pub for the following compliance: 1. Noise ordinance violations. 2. Closing on time and getting people out of parking lots. 3. over crowding BACKGROUND S The department has been monitoring the various complaints and has responded to citizen complaints when they were received. Appropriate action was taken when we could do so within legal authority. The department is confronted with two basic problems regarding compliance: 1. We apparently are not receiving complaints directly from the citizens, therefore we are not aware of a problem and cannot take action when the violation occurs. 2. We have issued citations and there has been no penalities imposed by the court. Response to specific concerns: 1. Noise violations: We have monitored noise complaints with metering device and found no violations of code. A citizen may sign a complaint with the City Attorney if they choose to identify themselves, using City Code 10.60, Subd. 2, G. 2. Closing on time and leaving parking lots: We have not observed after hours violations. We do not have the authority to require persons to .leave parking lots unless they are committing a. violation of the law by their conduct. ,,3. Exceeding posted capacity: We have monitored the building using the recommended criterion of all seats occupied and free movement in isles. There was a problem on Thursday nights during baseball season when local teams frequented establishment. RECOMMENDATION Council should consider suspending establishment's license for any future violations. I �9 TO: MAYOR, COUNCIL MEMBERS FROM: TOM BROWNELL, CHIEF OF POLICE SUBJECT: VALLEYFAIR/DOGS/SPEEDING VEHICLES DATE: SEPTEMBER 10, 1984 INTRODUCTION List of complaints from August 21, 1984 meeting. �'N BACKGROUND! i 1. Valleyfair employee entrantce: Persons visiting Valleyfair are continuing to make illegal U-turns at the employee entrance. The department and State Patrol have been issuing citations for violations. Majority of violations are committed by non-residents so tagging has minimal effect on the problem. 2. Dog complaint:- Mrs. Dale Huber, 1165 Jefferson: Robert McAllister claims to have responded twice to complaint calls and has spent two hours in the area and observed one cat under a car. Complainant is apparently aware of dog owners and may sign a complaint with the City Attorney. The police do not have the authority to sign a compla-int without observing the violation. The animal warden cannot pick up dogs if he does not see the violation nor can he sign complaints. 3. Vehicles speeding on Jefferson: officers have monitored the area with radar without detecting a violation and will continue to patrol the area. RECOMMENDATION 1. Valleyfair: Crossover at Valleyfair employee entrance should be eliminated. 2. Complainant should contact City Attorney and sign complaint against dog owner. 3. The department will continue to patrol Jefferson Street. Q i T DT�PAR 41EI F 129 E. 's' Avc-mup eG12) 415-,Y-50 1-112 E, I.••;= c, �ci y i qdim y F 0 I'z t IS p u r r i ez n j j E L M I-D Z V 1 u? y Par Pro ect No. D -1 Inv E b a i ION 18, 1 oy,,jey- .�`+,'o. `.-hi2 abovc, (1--Irojcct C }-I c:+.e 3 v d C: -r- o v i d for a a E5 �_ I a n e C, C° L[ -n y Rcad 3 a, rcquirud as '-i ros.-�.A_t of the t p y 4- 0 F` chard t f-: o Y-1 3 inc_ Acor the t Ct h e I- -s '-,%-nutsorj, 171. �.11 S ::) � - E __ - u n j. ha.d b4d. nOfUscd to undel-t-aPe this r�kn_-I-k fo tho p ere 'rer--sc Lnding t h L- eal- 1 el- f e t. h e clzsr,IE:�u7 tant- S prova, fo-r Change 0-rder No. I and includinq t"hat wo-r-J"t U-rjda-r t7le C-cou'rity Rcjrte? d 83 work ase l-ilic-h v;ouliia 10,-2 D'I a siCil ilai- nature. it is recomirtlel-Ided that C --der Non. I ity Cc,uncil r��?srcirid th�e ::,f Ch'ange Or VE,7 -, icy Park Di--.; ve and 12z*th ,q-ve_nuc -_ Improvergents, Corr - IX I i rect `qtr a f f t t o ae q ot i ,-;�t e L h C. S. "Icc-c's3san, r�c. -For the addition of pa s S-, lame, 2 t n A V E:- Vi U, E- ar4d County 33 Road u,--de-r C o IL7. n t y R C. a d e3 Z7_; W J� C, e rl i Y-1 C, o I-) t =^c= -t` t i-, I' - --- -yak_ � �ED -_ - : 20-N; REC_` II-IIE775- � A mot i on d 4- r. C hD. r, "o. I for- vailey 1-42'th Avenui--:-- No. !?M4-5. t 4-; -�7. n f 4 - it h a nt- h F-� b%I--pzxs,s Lnne at County 7 R.tDad 8� 2ncj 12t7i Avenue J. t h o n Road 37, idening p m p 1-7, CD . .......... . ... .... . ......... . ... . ...... .. ....... . INCORPORATED 1870 * ENGINEERING DEPARTMENT -X- 129 E. Ist Avenue - Shakopee, Minnesota 553701-1.376 (612) 445-3650 V TO e John K. Anderson, City Administrator r7 ROM o H. R_ Spurrier, City Engineer SuBjECT: County Road 83 Widening, Project No. 1982-1 K"r DATE: September 28, 1584- I NIT 984 INIT RODUCTION: On August- -27, 1984, City Administrator, Mr. !',an Hall, Hardrives, Tz-Dfa Ask, Hardrives, and I filet to discuss two pro jec-t-s Har- c,rives had undertaken in 1982. BACKGROUND: As a result of the discussion it was -agreed that for the 10th Avenue Project, the 19 8 2> Pavement preservation Rehabilitation !F-11-0gram, riot hinP would be done this year. The principal reason were that the roadway was reasonably safe or the traveling pub! is and the City was await i ng -the outcome of the Dakota County I-itigations. Regarding the County Road 83 Widening Project, after review i-lf subsequent testing undertaken for the Racetrack --elated 4- niprovernents, it was evident that Hardrives, Inc. had �,-atisfied the intent specifications. it was recommended that final payment in the amount of $4,117.56 be paid to Hard iveTs, Inc. ACTION REQUESTED: q- motion authorizing payment of $4,117.56 for the County Road 83 Widening Project No. 1982-1 KT, and that the project be -Funded from the K -mart Tax Increment Project. HRS/pmp ......... . ....... ....... . iNCORPORATE"D 1.870 * ENG'TNEERING DEPARTMEN11' -x- 129 E. 1st Avenue - Shakopee. Minnesota 55379-1376 (612) 4455-3650 TO -. John K. Ander-_-on, City F FZO M 1-1. R. Spurrier, City E)- % _q I o u, n t- y R oa d 8 Z3 COr�structi on, D::,unty Ro-ad 1-6 0 County Rc-ad 4 1 R 1) P -Ery September 28, 1-984 T Pz' . tach ed i s CA copy of the at c,ve he- atc,ve rofe-enCed D AC K G R EDN'Ll N', D -. toraj po-r-a-r-,/ f:31,zpe easeraj erit cor v it P-7-OviOUSElY City COUncl I had authoir-ized-:awecut ion of a peri-flanent easement f C.Y- roadway construct ion. T h e attached tempora-ry easement authorizes cons+-ructioi-a of necessary back slopes that not req uired as pe-T-7'11-1-raent I.-Ight-of-way. 7t Es recommended that Cit-y Council author--ize prper-City of- f c i a I us t C. execute the attached tempo-rary alope easertient with Scott Countv or and ir. of 00 and othe-r valu- cons-id erat 4 onS. :PCTION REQUESTED: A Motion authoy-izing Propel- Cit -y, execute terapora-t-y s' - OPe easement ac-ross the attached pa-rcej notrld as Pal -cel No. 113 for and in con5ide-r-atiorl O -F 'S1.2710 arld, ot-hler- valuable considera- t H R 3 / P'm P WILLIAM B. OTTING �li U) +1 120+90SKEW 300 It x A I i INP 36 C.S.P & BRICL1% ARMH C!--) LV X 66 REMOVE 1 1244-00 ENT F., CIL NO CULV. F * 1. 1 t3 2' C, S. r- 4z/ F,94 1. 2-- APRONS AZ) dp�4--.-/,��6"CULV. INP. TREES tv elo STA ."1/?- 5 + 6 3. 3 0 NAIL IN P.P. N.W. 90.301 MAL IN TREE S.W. 87.12 101 ^j -125 U:ffi3 + + (D +/ l , GRASS/ FT- N -.ii —11 LANP S, p 9"/ 01L E1,17 1e? 2 15 E N T U, G'r ENT. 0 LV V. I (EQ. 0� I 4� cj S* C 0"I T LA N D, +CITY OF SHAKOPE—i— 0. 1 PA R C E L D410. t TEMPORARY SLOPE EASEMENT Parcel No.Ig_ CP 84-83-02 City of Shakopee Grantorof Scott County , Minnesota, for and in consideration of -$1.6-0 and other valuable consideration Dollars ($ 1.00 receipt of which is hereby acknowledged, hereby grants and permits the COUNTY OF SKUs grantee, for hil;hway purposes, the right to construct slopes, cuts and fills over the following described real estate in the County of Scott in the State of Minnesota: SEE ATTACHED It is agreed, and the right is hereby granted, that all earth or other material necessarily excavated, removed or taken from said premises in the construction of said slope sha 1 1 become the property of said SCOTT' COUNTY. And the Grantor_, for itself, its successors arxi assigms, hereby releases SCO'T'T COUNTY, its officers and agents from any and all liability and claims therefore concerning said premises and grantor's adjoining premises, that result or may result therefrom by virtue of the construction of said slope and all work in connection therewith Said temporary slope easement to expire December 31, 1985 Dated this day of 'Ihis instrument drafted by: Wm. J. Schmokel Scott County Surveyor Shakopee, NN 55379 , 19 5I4T11•:41: MEMO TO: Mayor and City Council fl (( FROM: John K. Anderson, City Administrator RE: Street Light 11th Avenue/Spencer Street DATE: September 26, 1984 Introduction On September 18, 1984 we received the attached petition for a street light at the intersection of 11th Avenue and Spencer Street (County Road 79). This request for a street light is similar to the request for a light at CSAR 17/Norton Drive recently reviewed by Scott County. Scott County said that light did not meet warrants and that they would not participate in the cost of the light. I talked to Dan Jobe from the County Highway Department and he said that his initial reaction was that the intersection of 11th Avenue and Spencer Street would not meet warrants either. Alternatives 1. Contact the petitioners for the street light and inform them that the light does not meet warrants and that the City will not install it. This alternative will save the operating costs and the installation costs of the light, but will leave the intersection unlighted. The intersections of 11th Avenue and Market Street, Minnesota Street, Dakota Street, Prairie Street, Naumkeag Street, Shuwmut Street, and Legion Street all have street lights. The lights appear to have been put in place the the developer with the possible exception of the Main Street, Market Street and Minnesota Street lights. 2. Request that Scott County do a warrant analysis on this intersection. This is a time consuming process and probably would lead to a finding of no warrant for the light. 3. Install the light as requested. There is a utility pole in place that could serve as a light pole for this intersection. The 'Lights on the intersections of Market and Minnesota Street are attached to existing utility poles. TYis would reduce the cost of light installation at this intersection. Since we have lights at the intersections listed in alternative No. 1 and are currently paying the electrical costs for those lights it would seem that paying for the operating costs of a light at this intersection would be appropriate. Clearly this intersection is more hazardous than the inter- sections listed in Alternative No. 1. IV j 'x/ Recommendati I recommend Alternative No. 3 for the reasons listed above. This light would cost the same as the light proposed for CSAH 17 and Norton Drive. Action Reauested Authorize the appropriate City officials to install a street light at the intersection of CSAH 79 and 11th Avenue. JKA/jms We the undersigned request a street light be installed at the corner of 11th Avenue and Spencer St. R E- C f C7 D SEP (3 1 TY yy R E- C f C7 D SEP (3 1 TY MEMO TO: Mayor and City Council [ FROM: John K. Anderson, City Administrator RE: Street Light CSAH 17/Norton Drive DATE: September 25, 198E Introduc on Several months ago Council received a request for a street light at: the above mentioned intersection. We have now received the Scott County report on the warrants for the intersection. Prob I em iic �uv �� r[�y1nCl�ca-feS tnat a stYeet' ignt the intersection of CSAH 17 and Morton Drive is not viarranted. Iternatives Contact the petitioners for the street light and inform them that the lig,jt does not m_ee_t w.ar_ra.nt_s,_ a_nrL will not install it. This alternative will save the operating,._ costs and installation costs of the light, but will leave the intersection unlighted. 2. Install the street light as requested and pay for the operating costs without the participation of Scott County. This alter- native will cost $120.00 to install and $5.00 per month to operate. The light can best be compared to the lights at intersections in the urban portion of Shakopee that do not warrant lights because the intersections are low volume intersections. If Council agrees that this intersection is similar to those urban intersections that do not meet warrants then Council could decide to pay for the light and have it installed. Recommendation I have reviewed this request with Lou VanHout and the City Engineer. Both agree that in todays developers agreements a light would be required which would mean that the City would be absorbing the monthly electrical costs. That means that the only costs that would be unique to the City in this case is the installation cost. Since this plat was approved before our present regulations regarding street lights we recommend that the City install the light at the City's expense. Action Requested Authorize the appropriate City officials to install a City street light at the intersection of CSAH 17 and Norton Drive. JKA/jms SCOTT COUNTY HIGHWAY DEPARTMENT COURT HOUSE A106 SHAKOPEE, MN. 55379-1396 (612)-445.7750, Ext. 346 BRADLEY J. LARSON• Highway Engineer DANIEL M. JOBE Asst, Highway Engineer September 19, 1..984. John Anderson, City Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Re: Street Light CSAH 17/Norton Drive Dear Sir: /I C, The City of Shakopee has requested Scott County to consider the installation of a street light at the above referenced intersection. Before any traffic control device or street light is installed on any roadways under Scott County jurisdiction, an engineering study is conducted. This letter contains the findings and recommendations of the study conducted for the location requested above. As stated in the Minnesota Traffic Engineering Manual, "The purpose of highway lighting is to promote safe and orderly movement of traffic by artificially illuminating certain permanent features or conditions which: (1) are unusual, (2) require additional care and alertness to negotiate, or (3) may be more readily comprehended by the motorist if artificially illuminated." The manual includes warrants for the installation of roadway lighting for at -grade intersections. These warrants and the related study findings are discussed in the following paragraphs. The first warrant relates to traffic volumes. "A lighting warrant exists, if one of the following traffic signal warrants are satisfied for any single hour during conditions other than daylight, excluding the time period between 6:00 a.m. and 6:00 p.m. Warrants are: minimum vehicular volume, interruption of continuous traffic or minimum pedestrian volume". These signal warrants require a minimum of 500 vehicles per hour on the major street and a minimum of 75 vehicles per hour on the minor street or a minimum of 150 pedestrians crossing the mjor street. The 1982 Average Daily Traffic on this segment of CSAH 17 was 1,650 vehicles per day. The traffic volume on Norton Drive was estimated to be less than the volume warrant. An Equal Opportunity Employer Street Light September 19, Page 2 - CSAH 17/Norton Drive 1984 /1b The second warrant pertains to traffic accidents. "There are three (3) or more accidents per year occurring during conditions other than daylight." The accident records for 1980, 1981, 1982, 1983 and January to June of 1984 were reviewed for this intersection. There was only one accident that occurred during the time period reviewed and this happened during daylight hours. The third warrant states that if the intersecting roadway is illuminated the at -grade intersection should be illuminated. This warrant is not met at this intersection. The fourth warrant concerns light sources adjacent to the intersection that would adversely affect drivers vision. This would be such things as lighted parking lots, billboards and other commercial outdoor lighted signs or fixtures. There are no ambient light sources adjacent to this intersection. The remaining four warrants relate to channelization, school crossings, signalized intersections and intersections with flashing beacons. None of these warrants would pertain to this intersection. Because none of these warrants are met, or within reasonable limits, it is recommended that a street light not be installed by Scott County. However, if the City would decide to install a street light Scott County would not disapprove of such installation. An alternative available to the area residents, if they perceive the street light to be necessary, would be to have the utility company install a street (or security) light and then pool together to share the monthly expense. If you have any questions or would like any further explanation, please contact this office. Sincerely, i Daniel M. Jobe, P.E. Assistant County Highway Engineer DMJ/br1 MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Contract with Scott County for Prosecution of all Misdemeanors DATE: September 25, 1984 Introduction The agreement between Scott County and the City of Shakopee requesting that Scott County prosecute all gross misdemeanors for the City expires October 31, 1984. Backg -ound Both Joe Ries, Scott County Administrator and Jack Coller have reviewed the agreement and support its being renewed. Mr. Ries concurs with your recommendation to renew it for two years instead of one year. Alternatives 1. Dont renew. 2. Renew for one year. 3. Renew for two years. 4. Renew for a period longer than two years. Recommended Action Authorize proper City officials to execute a two year agreement with Scott County for the prosecution of all gross misdemeanors for the City. JSC/jms of THIS AGREEMENT, made this day of 1984, by and between the Scott County Board of Commissioners and the Scott Councy Attorney, hereinafter referred to as "Scott County" and the City of Shakopee hereinafter referred to as ►rCity" . WITNESSETH THAT: WHEREAS, Minnesota Statutes 487.25 subdivision 10 has been amended to authorize a municipality to enter into an agreement with the county board and county attorney to, provide prosecution services for any criminal offenses; and WHEREAS, the Shakopee City Council at its regular Mee tin r4c�,up� f¢�� * ,� cs��` „ q ua �y ^artu-olt�z•ui aii g-ross misdemeanors for the City; and WHEREAS, the Scott County Board of Commissioners and the Scott Count Attorney wish to enter into an agreement with the City for the prosecution of all gross misdemeanors; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: I. TERM. The term of this contract is from 11-1-84 through 10-31-86 the date of signature by the parties notwithstanding, unless earlier terminated as provided herein. II. TERMINATION. This agreement may be terminated by either party at any time upon not less than sixty (60) days written notice delivered by mail or in person to the other party. Notice to Scott County shall be delivered to the Scott County Attorney, Scott County Courthouse, Shakopee, Minnesota 55379. Notice to the City shall be delivered ---o _t_h_Q _(I -Lt -v n m ..i; ,�..�� AV_e-nue, Shakopee, Minnesota 55379. III. SERVICES TO BE FURNISHED BY SCOTT COUNTY. Scott County through the Scott County Attorney's Office agrees to provide prosecution services for any gross misdemeanor criminal offense occurring within the city limits of the City of Shakopee. i/? IV. COMPENSATION FOR SERVICES. The City agrees that the City's portion of fine proceeds pursuant to Minnesota law for providing prosecution of offenses for cases prosecuted by Scott County pursuant to this agreement shall be paid over to Scott County as compensation for services rendered 'herein. V. AMENDMENT. This agreement may be amended at any time when expressed in writing and duly signed by the parties. Dated: SCOTT COUNTY Dated: William Koniarski, Chairman Scott County Board of Commissioners ATTEST: Joseph F. Ries Scott County Administrator and CierK of' the Board SCOTT COUNTY ATTORNEY 91. Tn ai 21'1 T7 'h o r r'i s Dated: _ CITY OF SHAKOPEE Mayor City Administrator City Clerk ps 7 7 7 Y .: r: q; ot I 1 -w2=wYd sq:n7val 00 15n Ittornad ItcM. itarz 70 zatllo thn AM 7011-� ranwLcl now Alsticnz. row -act "fIll ts -=0rw;i M/34 b,::, iW7WEA. : ajac "econna-y qannpEw on Favolullar No. MIT amending &�- =UrrSTT warzarnn! 7vNinnnnv to wovico tKa holith, ATO wK larn tar7 liaavi:ity ;-nLran wnth�rAd kn W, Z atOve- 7�0-sniza Ono lily ;c nown-S a 1:rUwMans ta�nszn -,Awnta-� �,VAI 327 a -A I�� City OF tn wstaKiS4 t -a xaly nAnan 70p tk� "SA= Vora-t"SnT for 1SE0, 1. Tow A mat n 1� Sal-avins AVOSIMjQn W. 03A arnnaW4 t>& 7or Vu Olt" ON 7;0x0y2a as entablishM 4L, !E711 oazTt vorch Z, Mo, RESOLUTION NO. 2319 A RESOLUTION AMENDING THE CITY OF SHAKOPEE PERSONNEL POLICY ADOPTED BY THE RESOLUTION 1571 WHEREAS, Resolution No. 1571 was adopted by the City to provide reasonable and clear expectation of the conditions of employment for it's employees; and WHEREAS, it is necessary to amend certain sections of Resolution No. 1571 from time to time maintain reasonable and clear conditions of employment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE 9 MINNESOTA, that Section 9 of Resolution No. 1571 , the City of Shakopee Personnel Policy is hereby amended to read: Hospitalization, major medicial, life and long term disability insurance coverages shall be provided to all qualified permanent and probationary employee after thirty (30) days of continuous service, with the City paying no more than a maximum contribution per month as specified by the resolution adopting the annual pay schedule. Such contribution is toward the total cost of these coverages whether they be individual or family coverages. The City shall not extend group insurance plan benefits to retirees beyond the month of their retirement as provided in Minnesota Stature 62A.17, Sub. 3B, except that Police Officers who retire at age 55 or thereafter with 15 years of service with the City of Shakopee shall be able to participate to age 65 with the Police Officer paying the premium. Adopted in -- session of the City Council of the City of Shakopee, Minnesota, held this day of - —1 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of 1984. 1 ASREEMENT BETWEEN THE CITY [F SHAKOPEE AND � TFE TEPARIVENrl' DF �A0RA� ! DIVISION OF FISH AN? Wl'-V-70` � TO PERMIT HUNTING WITHIN THE C77Y L[�`S OF SHA.<OPEE ,vORTH OF THE MINNE5E7` /. | i� of Fish and Wildlife has requested that the City change its i orcinance Sectior. %.2Q entitled "Dangerous Weapons apt Articles" ` (attac4et) to pernit shooting north cf w�e Kinressta River An | the City limits cf Elakopee. -he 3i'.zknpee City CouncLl has � exaninec this recunsz ant 7irds that cc -trolled iomting :crt� of the Minnesota River is consistent wit� tic City's Comprehensive / Plan, the Minnesota 7iver "!an, and tie ?''znc safrty. jorecver, � the Counni: jonss that hurting art trapping L� the Minnesota River Valley in t4e zity lfmits Cf 9takolae wnll oe cumphtable with the City's plans for ecwntoAn rc�eveIopment and should �e77 i.c.ease the use af 7Ianned Yacilities in t5e renewal of � 1`c |.. an' cowntcwn ' ' / | Committment to Amend Code T�e Shako= City Ccu:=il, upon tne successful acquisition Df private land nnrth of the Ninnesota River by the DNR, shall amend City Cowu Section 10.20, Subdivision 4 Para�ra�h B5 to permit the use o= ' ��otguns with shotshelIs cm bcws ark a~rcws for public hyr't&cg 1'c0th of the Yntrmesota River in 17e corporate liiits of Shakopee. 7,e regulations .� a"pliev oc the wildlize Ycnagement Arna north of the Minnesota Alvar shall le the Same , as those currently set fcrtn in section / 1020, Subdivision 4 | of tne Shakopee City Coce. / � � RogglMl Conditions 7he Shakopee City Ccuncil | small oy authorioy of Section 10.20 Sund. 4.C, permit ronLrolled |� deer hunts in the corporate limits of Shakopee adninistoret by the DNR ,xhen with permits which will regclate the � cunzer of hunters, tne ' | length of hunt whicn s7alI not exceeq :2 4sys ir any one year, ! the use of shot VMS wiln s1:js and ctler conditions imposed | ny tne DNF upon t4c hunters. The D`!9 sha:I notify the City | 30 days pric~ to any such ccntrolled munk. | Snecial Amendments to this Agreement � Tis Tity of Shakopee has - recently accptet a �owntcwn redevelopoenj plan which calls for . norm ligh wersity ~esi~ential Heve^` cponnt along the southern � zark OF tKe Minnesota R^ver. Therejore, with 3Q days notice ' to the DNR the City siall havo tne rignt to amend this agreement To shouting uitKin Z0Z feet of the northern bank of prohibit the Mirnesova Rivcr. Fuoi prooibitinn shall be aoproved by | the DMR when the City cf Shakopee demorstrates | that there have � been meaningful ant substan:ial wcmplaints art concerns presented � to the City Council ant that the Council &eels that in the interest of Public safety t4e airpenent nust be a.oended so nt prohibits hunting within 300 feet of tic north bank oF the Minnesota River. OT vl O -v' N �10 O �-o O(1)OLr) Cl) r -O O �O p ir) r-+ M M •--+ ir) O rn Lri ^ N V) N N M I'D ir) i!} 00 O� O '-+ N M t� r` r, r. 00 00 00 00 .--1 .-a •--i H � H � � 00 Cr) O O O N O O Lt 7 O N O O ul r` a, a, O M r- ON O H Cv) N i cq v7 u") u v a� �4 H a� m a as w +J H v m O m G U cn }4 cd q4J E 41 +J G cn ri U , O bo rl U U� u O O H O Pa i a H �7 0 ra aa �4 0 i O 1 0 w O � a 1 O I U U) 4-J Q) F ul uo G Q) a5 G o � d L U O rG srl� U) Q a r♦ ri cn m m +1 fI I SVi Q+ N H H 1J IJ aJ •ri P4 r -i ri ri G G 14 rz: i f r N M �') O O O ON - N O G) Lr) O 00 �-o r- O O 00 a � cl O - v1 I M LO cn- 1 Er� 1 O O O O O O O O O O O O sJ .-a -+ O 0 0 r -i O r-( r -a -- - O O O O O O O O 14 O O O Lr) I O O O O O O O 00 O r -a O O O 000 O O Lr) _-i N 00 Lr) Lf) cr) O a - M -4 -1 - O a L o o Q � '-� r° N N S M O ] D O O O O --1 N00 ir) u"1 u'1 O r- M - H O O O •-+ O O 0 0 0 O R^. CV 5 -3 Irl Cr) Lry O M r-1 N r- r, 00 00 00 M 'O 'S Mc) M N N M M M Cl) M M � may- �t 't -T -t 0 o q Un o O 0 o o d d w OT vl O -v' N �10 O �-o O(1)OLr) Cl) r -O O �O p ir) r-+ M M •--+ ir) O rn Lri ^ N V) N N M I'D ir) i!} V) - U) aJ G N � Ul U) U) � Ems+ H G Cb •r-4 }4 H H dJ G Cd gU 1 i C7 H W 00 a+ �D H ro l l l l l l i 41 O H Y Cr) r` r+ M H O r .-{ ;v in 00 00 RESOLUTION NO. 2313 A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT A COMMUNITY ENERGY COUNCIL GRANT APPLICATION WHEREAS, the City Council would take to become more active- ly involved in establishing policies and programs that promote improved energy efficiency, energy conservation and transporta- tion system; and WHEREAS, the MN. Department of Energy and Economic Develop- ment requires a Council resolution authorizing the appropriate city official to submit an application for Community Energy Council Grant funding. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Administrator be authorized to submit an application to the MN. Dept. of Energy and Economic Development for funding under the Community Energy Council Grant Program for a waste abatement and recycling program in Shakopee with a 10% local match not to exceed $1,500 to be taken from the city contingency fund. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1984. Mayor of the Cit-- y o S-hakopee ATTEST: City Clerk Approved as to form this day of 1�5�$ �+. City Attorney O/ ... . ........ PZICORPORATED 1870 T ENG�NEERING DEPAIPT"ME14 129 F. 1st Avenue - Svhakopee, Minnesota 55375-1376 (612) 445-WiO Tom: John K. Anderson, City Admin iT-itrat.-1 FROM: Hx R. Spurrier-, City Erlrpinee-r BJECT Taylor Street South of 12.th Avenue D( -'I T E a Septembe-r 28, 1984 RODUCT ION: f:�-b t ached is Resolution NO 2300, a Reso 1 ut ion orae -ring the r-'Y,7-'a-atpion of a -report on the i mpi-ovement of Taylor Sti-eet, qvel-jue to the Sout h i ine ol= Minnesot a Val ley 5th Add -it ion. BnCKGROUND: Pur'suant to City council ;--t (-- t is n September 25-, 1934, 1 have Z, '- ta c h a orrResolution dein.g pro epay-atin of a report on the hed atove referenced P-ro,ect. Z Ti 4s recommended that; City Council adopt Resolution No. 2300. AC'-�ION REQUESTED: Adopt Resolution No. 2300, a Rei solutJon oir-dering the PreP'--X-ration C. 47 a --E-' po-t on the impi-ovement -:)f Tray lo=r :tet —eet, 12th Avenue �o he South line of Minnesota Valley 5th Addition. RESOLUTION NO. 2300 A Resolution Ordering The Preparation Of A Report On An Improvement Taylor Street, 12th Avenue To The South Line Of Min7;k.'.'o'.;%:a Valley 5th Addition WHEREAS, it is propozed to improve Taylor Street, 12th Avenue To The South twine= Of Minnesota Vq l ley 5th Addition by roadway and storm sewer and to assess the benefitted property for all or a portion oy the ti_ost of tit*-,_ improvement, t, puryuan} to Minnesota Statutes, Chapter 429, NOW, THEREFORE, By IT R7SO? VED BY THE CITY COUNCI_.. OF THE: CITY OF K +FF" } MINNESOTA, that the proposed improvement is referred _- Henry R. Spurrier, City Engineer, for study and that he is instructed to rrport to the Council with all convenientspeed dviyino the Council i1 z Pr=ljm�nttU way a* to whether the proposed 1 =ed iiapy: 1`3vtimt4nt. is feasible and an ._o Gnihe L•hcr it zhould best be ;`ad -_t._ aropozed or in C nne t_, on with come other impr'-av m1; nt, and :he estimated cost of the impri-11'n Nent ,:-{e_ recommended. Adopted 1i7 ........_....... ....._. sea:":.2.Qil of the City Council of the ,..it! of _`+h,air: ,.. t I Minnesota, 17 _....1 this ___,_day of l � .................--...._........... _......................_...„.........-._...............{{..,�.......,....-...._.,............_.........._..... _....... .. Mayor of ATTEST: CityClerk Approved as to form this dkay of CityAttorney _ ^ , " � MEMO 70: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Transfer of Industrial Revenue Bonds of the City of Shakopee to the City of Bloomington DATE: September 28, 1984 Council has discussed the Oxboro Redevelopment Company proposal to transfer the balance of Bhakopee's Industrial Development Bond Entitlement Allotuant to the City of Bloomington. At Council's September 18, 1984 meeting, Council!was informed by Allen Hill of Cxboro Redevelooment Company that the necessary agreement to effectuate the transfer would be arriving prior to Council's Octoner 2, 1984 meetin> Propo'LI.Ied Pars— -!LL, I have reviewed Xo. �l2O relating the proposed resolution and the Proposed agreement authorized the by the resolution. bonds Since the docuaents arrived late on Thursday evening the City the City Attorney has not had an opportunity of documents necessary therefore in documents. I will have the City Attorney's comment, to review the by October 2nd. 1. Approve the resolution and agreement as proposed. 2. Amend the language of the proposed resolution and/or the proposed agreement. Barring any recommended changes from the City Attorney, there appears to be no reason to amend tne proposed resolution or agreement. I recommend alternative No. 1 and will present the comments of the City Attorney at the meeting before Council votes on this item. x1,969,000. JKA/Jms Xo. �l2O relating to Industrial Development Pass Resolution Revenue Bond ----authorizing issuance authority; the issuance of bonds by the city of Bloomington, Minnesota pursuant revenue to the bond issuance authority of the City and approving the execution of documents necessary therefore in the amount of x1,969,000. JKA/Jms C ENTITLEMENT AMOUNT ALLOCATION AGREEMENT THIS ENTITLEMENT AMOUNT ALLOCATION AGREEMENT (the "Agreement"), between the City of Shakopee, Minnesota ("Shakopee"), a municipal corporation and political subdivision of the State of Minnesota, and the City of Bloomington, Minnesota ("Bloomington"), a municipal corporation and political subdivision of the State of Minnesota, provides as follows: 1. Recitals. (A) Both Shakopee and Bloomington are authorized pursuant to Minnesota Statutes, Chapter 474, as amended (the "Act") to issue revenue bonds to defray, in whole or in part, the costs of the Projects as defined in the Act. (B) Shakopee constitutes an "entitlement issuer" under the Act and has been allocated an entitlement amount of bond issuance authority under the Act for the 1984 calendar year of $2,569,000 (the "Entitlement Amount"). Shakopee submitted to the Minnesota Department of Energy and Economic Development on or before September 1 one or more resolutions authorizing the issuance of revenue bonds and/or a letter stating its intent to issue revenue bonds, in an aggregate amount equal to the Entitlement Amount, together with a deposit in the amount of 1% of the Entitlement Amount or the portion thereof covered by the letter of intent. However, this Council has now been informed that Shakopee does not reasonably expect to issue revenue bonds in a principal amount equal to its Entitlement Amount before the end of 1984. (C) The City of Bloomington has given preliminary approval to a proposal that Bloomington issue revenue bonds to finance various projects (the Projects) under. Minnesota Statutes, Chapter 474 (the Act), and has requested that Shakopee enter into an agreement pursuant to Minnesota Statutes, Section 474.18, subdivision 4, by which the City of Bloomington may issue up to $1,969,000 principal amount of bonds of Shakopee°s Entitlement Amount for the Projects pursuant to the Act. (D) The City of Bloomington does not have a sufficient entitlement amount to meet all of the requests it now has for the issuance of revenue bonds in 1984. For Bloomington to obtain the additional bond issuance authority necessary in order to .issue the Bonds in the amount required to finance the Projects, Bloomington must enter into an agreement pursuant to Minnesota Statutes, Section 474.18, subdivision 4, with another municipality which is an entitlement issuer under the Act by which Bloomington would be authorized to issue bonds pursuant to the entitlement issuance authority allocated to such other municipality. �C_ (E) Bloomington has requested that it be authorized to issue revenue bonds in a principal amount up to $1,969,000 of the City of Shakopee's Entitlement Amount to finance the Projects pursuant to the Act, and that in evidence thereof and in accordance with Minnesota Statutes, Section 474.18, subdivision 4, Shakopee and Bloomington enter into this Agreement. Section 2. Representations of Shakopee. Shakopee makes the following representations as the basis for its under- takings herein: (A) Shakopee is an entitlement issuer under the Act and as of the date hereof its remaining Entitlement Amount which it has not allocated to any person or project is in excess of the amount transferred to Bloomington. (B) The execution and delivery of this Agreement and the performance of all other covenants and agreements of Shakopee contained herein have been authorized by a resolution of the Shakopee City Council. Section 3. Representations of Bloomington. Blooming- ton makes the following representations as the basis for its undertaking herein: (A) Bloomington is an entitlement issuer under the Act. (B) The execution and delivery of this Agreement and the performance of all other covenants and agreements of Bloomington contained herein have been authorized by a resolu- tion of the Bloomington City Council. Section 4. Authorizations. Bloomington is hereby authorized on or prior to December 31, 1984, to issue revenue bonds in a principal amount up to $1,969,000 of the City of Shakopee's Entitlement Amount to finance the Projects pursuant to the Act. Shakopee agrees that it will not take any actions or issue bonds under the Act the effect of which is to reduce its Entitlement Amount or the amount thereof hereby transferred to Bloomington to an amount less than $1,969,000. Section 5. Deposit. Upon the execution hereof, Bloomington will reimburse or cause to be reimbursed to Shakopee, the amount of any application deposit paid by Shakopee to the Minnesota Department of Energy and Economic Development to retain that portion of the Entitlement Amount reserved for the Projects after August 31, 1984, plus interest V C", thereon to the date of payment; provided that such reimburse- ment shall not be required where the deposit was funded by a private party in anticipation of the proposed transfer of bond issuance authority herein made. If requested by Bloomington, Shakopee will return all or a portion of the Entitlement Amount reserved for the Projects to the Minnesota Department of Energy and Economic Development. Shakopee agrees to pay to Bloomington any portion of the application deposit paid with respect to the reserved Entitlement Amount which is returned to Shakopee. Section 6. Fees and Expenses. Bloomington hereby agrees to reimburse Shakopee from amounts provided by the Borrower for all reasonable and necessary direct out-of-pocket expenses which Shakopee may incur in the execution of this Agreement and the performance by Shakopee of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement this day of October, 1984. CITY OF BLOOMINGTON, MINNESOTA LIZZ ayor And City Clerk And City Administrator CITY OF SHAKOPEE, MINNESOTA By Mayor And Its C/ R Y CERTIFICATE OF MINUTES RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUANCE AUTHORITY ISSUER: City of Shakopee, Minnesota GOVERNING BODY: City Council Kind, date, time and place of meeting: A regular meeting held on , 1984, at P.M., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting, including: RESOLUTION NO. 2?20 RESOLUTION RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUANCE AUTHORITY; AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF BLOOMINGTON, MINNESOTA PURSUANT TO THE BOND ISSUANCE AUTHORITY OF THE CITY AND APPROVING THE EXECUTION OF DOCUMENTS NECESSARY THEREFOR I, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Minnesota (the "City"), hereby certify that attached hereto is a correct and complete copy of a resolution duly adopted by the City Council at a meeting duly called and held on , 1984. WITNESS my hand officially as such City Clerk and the seal of the City this day of , 1984. gnature ty Cler (SEAL) Member resolution and moved its adoption: introduced the following RESOLUTION NO. 2320 RESOLUTION RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUANCE AUTHORITY; AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF BLOOMINGTON, MINNESOTA PURSUANT TO THE BOND ISSUANCE AUTHORITY OF THE CITY AND APPROVING THE EXECUTION OF DOCUMENTS NECESSARY THEREFOR BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: 1. Recitals. This City constitutes an entitlement issuer" under Minnesota Statutes, Chapter 474 (the Act) and has been allocated an entitlement amount of bond issuance authority under the Act for the 1984 calendar year in the amount of $2,569,000 (the Entitlement Amount). The City submitted to the Minnesota Department of Energy and Economic Development on or before September 1 one or more resolutions authorizing the issuance of revenue bonds and/or a letter stating its intent to issue revenue bonds, in an aggregate amount equal to the Entitlement Amount, together with a deposit in the amount of 1L--tita�Unt vi �r,� -iJC7-1-L�,Jil- z__-_�Z,: � _+ r "`�,--_--- IT -SP thnre-hntirrem t. However, this Council has now been the letter of inten ity does not reasonably expect to issue informed that the C. ?rincipal amount equal to its Entitlement revenue bonds in a ad of 1984. The City of Bloomington, Amount before the e: of Bloomington), has given preliminary Minnesota (the City sai that Loumi-ngtvTi 15�11C sc•a��.�a� hr��ds Lc approval to a propo Pro]ec"ts) unuei r,`lill I -ul—__ az ��__r�,�- - finance -various -projects (tne- ind has requested that the City utes, Chapter 474 (the Act), z rnt to Minnesota Statutes, Section enter into an agreement pursuz :h the City of Bloomington may 474.18, subdivision 4, by whi( )al amount of bonds of the City's issue up to $1,969,000 princil )jects pursuant to the Act. Entitlement Amount for the Pr( This Council hereby determines nay issue up to $1,969,000 prin- '-ity's Entitlement Amount for the provided that the Borrower pays L costs and expenses of the City aithout limitation, the amount of to the Minnesota Department of it to retain such portion of the st 31, 1984. 2. Determinations. that the City of Bloomington r cipal amount of bonds of the t Projects pursuant to the Act; to the City the amounts of al: relating thereto, including, i the deposit paid by the City Energy and Economic Developmei Entitlement Amount after Augu 11' (:.-- 3. r 3. Agreement. There has been presented to this Coun- cil an Entitlement Amount Allocation Agreement (the Agreement) between the City and the City of Bloomington, by which the City of Bloomington is authorized to issue up to $1,969,000 prin- cipal. amount of bonds of the City's Entitlement Amount for the Projects pursuant to the Act. The form of the Agreement is approved, and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Agreement on behalf of the City, with such variations, insertions and additions as are deemed appropriate by the parties and approved by the City Attorney, which approval shall be conclusively evidenced upon execution and delivery of the Agreement by the City. The Mayor and City Clerk are further authorized and directed to execute and deliver all such other documents as may be necessary in connection with the issuance by the City of Bloomington of the Bonds for the Projects. ATTEST: Adopted this day of Mayor City Clerk 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 the resolution was declared duly passed and adopted and was signed by the Mayor, which was attested by the City Clerk. YWC 70 mayor ant city Council FROM: John K. Prcerson, City Adwinintratn'r RE; Pppointnant of interim Eymcutiva 21routcr of OhL� Public Employees Rutiwment 1..:ssc2L,tion (TERP) =Eg Eeptembar 28, 1984 5?V,a� 70=11manimrz 73ve z-otwdly road C40 DF 00verV 0-Lin;S7 V -i t"n nzwLya�or rulanAly regnrdhiq Wc nv;a!ntq2nt 07 johf plier�� by thn 7= Doarz aa :Yto7io PArawtor. 7-0 MW Ono -hm UxguR a -C Wavily involvac iA.IcEal ac�icn 7n ruvn-Tu thly appointwent, on �0 apCIA07 n-pn Znnjowynt r7s:0,10or AWK, C'; 5 PPC a C i � y act 1 on ark D� ��- VRrAsqS vlloN up on thl, protlem. 2. 7ave-sponific City action :y approving t�v attached rDsolution. -ake SPECIfic zi�y ratinc to th2 one SttammHo. ny approvivq a repallAcn 1 rzczm�anw n1tarnatpV0 VQ. 2 �Q tnat no �an lnrd now valw.-*-, 17 theo of 7�e 044nh!ryinj On Worrell t&-, inTojor wroatmo nnny :4i 7ERA Kon -w of V!"�ov"rn nnownUmd Mr. PlIer-s aE in7eriz ExmcLt!vw Tlrs�tpn. 75n qnuq�Nvd wsolot!Dc �U Wantima''''. tD t�at p&awd ty io v741 at ��Pjv �wntnly weptinE on Fo0awba,.- a7 1 17SQ 0OVS A notion awvinj Aw"Olation %0, 2115, Sipparting the actions of SOW2 �&IiL TV;!:YeCz ?=Ara�rno WvociatLon Boar:�' 7emtyrE ts remova 151 7ntn�.V Fx0cntivo nirrrtDr nnd to for En wpon pvsces� .: Alnn� on 7wer4olva Dy-wWori, i K P / j v A RESOLUTION SWPoO97T40 THE ACTIn09 []F SOME P�BLIC EAVLOYEES 9ETTRENWT ASSOCIATIW B]ARD YEWERS TC REM[VE TKE INTERIM EXf]3UTW7 3I9ECTU9 , A?-xjvLC,=�S77"_R^""ATWOTEM47 7-SE\]ICY7) - PUBLIC E!PLCYEES RETIREMEKT ASS07IATI01%! EXECUTIVE DIREWOR WSEREA5` the eusloyzes 04 tne Cicy of Shakozee belong tc the Public Employse* Retjre,nt Associatiun; and WKERTAS, a nunvsr o" Tublic Employees Retirenent Association Mary mezbers hcvo railed siLnificcrt ccestions relating to the c7psintzeno Prccess usud to vire a: intyrim 7xecutive Director of :he Monlin E:ployeEs AetirEment Association, and "PEREAS, t�& :Hy OF shzkopee 4arty to ensure that all Public Ezplcyses Aez;rmzer� As,oniatior Bc.rc members meet tneir, now, whereforo, on it RESCLVED; that tie M> of Shakqpew requests that a five year zomplianca suiit of ths P:zlic [Wcy00a Retirement Associaticn me csntucted by t4e egisIativo Auditor; axr:' BE 27 "L979E? WFS7LVED, tvat tla lily of 2nakopee suzpwrts the actions of sGcc PUbIiz KuplQW4 9-71rerenz Association Wart �srbers to _e�ovw tMe 7nterin 1zec.tivs Direckc'r ano to Provite for an opcn process to select a c"alic Erployees Association/ ' anj: FE lT FINPLLY 71700V=, Waat the C�ty Gf 3:akopee req ests �hat �he raview the P:blic Associa- tion members to tejercnne iF there is a better way to provide a broader represRntation of t�ie puhl�c Employees Retirement Association mecbers cn tre Public Emp]oyves Retirement Association Board., Wcqtec in ________________ Kessi`/n of the City Council of the City Cf Shakczen, Mannescta, heli this ____________ day of '9F4. ----------------------------- -| Mayor of the City of - Shakopee � | P_7EST: || 7pOro'et as to fo''.. "nis ______ cay o. ______________, 19G4. ____________________________ . Zity Attcrney PI.R.A. activities leserve scrutiny IW 4 919PIRA) by Barry Evans Y -a 4 -1',/ Maplewood City Manager In case you have never seen the initials majority appointed John Allers as their however, PERA decided new furniture PERA before, they stand for Public interim director at the nice little sum of must be obtained. Consequently, a firm Employee's Retirement Association. The $68,000 a year. was hired for $4,000 to advise the pmvide, as you might imagim, a or-c=ect in the hallowed halls of PERA_ This firm wrote specifications for bids, retirement program for state and local For example, the outgoing director is helped open the bids when they came in, 'J'a u�,Jw that nobodv pays much attention to, in- penes. Now this is not for a recent move, received the award (VM,000 neigh- cluding the people affected by its actions. but is rather for purported expenses when borhood) as the low bidder. The only Perhaps they should. Recently, PERA he moved from Illinois to Minnesota in — problem now is that since the move to the made fne news Vnen Yt was discoverea I", that a majority of its members met with a to at least one member at that time, there must pay a hefty penalty if the furniture is man named John Allers and Mike were to be no moving expenses upon his not accepted by the due date. McLaren, PERA's executive, director, coming here. who was expected to retire. Then, we have PERA's projected move All of the above, plus other matters, are When two other board members tried to to some expensive digs at the Conwed leading to a suit by the Association of enter the meeting with a reporter, they Towers. A contract was arranged for such Minnesota Counties. Real correction of were blocked, despite the obvious fact a move; then someone realized that the situation, however, is going to have to that the meeting was covered by the approval from a state official was be made by the Legislature. Many public state's Open Meeting Law. required — something which apparently organizations, cities and counties hope to Then, to and behold, when the board had not been obtained. make certain that remedial action is held its next official meeting, the Since it was assumed that the move to taken, and that the issue doesn't "blow high-class housing was to happen, over." - MEMO T02 John K. Anderson, City Administrator rtZUl�t''• :1u�I-��n �. �.v1C', �i�y ..��n RE: Calling A Special Election for City of Shakopee DATE: September 28, 1984 Introduction On September 25th Council directed preparation of a resolution setting a special election for November 6th for the purpose of asking voters to increase the number of on sale liquor licenses to the number allowed by law for a city of the third class. Background It has been determined that the number of on sale liquor licenses permitted by law for a city of the third class (10,000-20,000 population) is 12. We have issued 9 todate. Recommended Action Offer Resolution No. 2316, A Resolution Determining the Expediency of Issuing Three On -Sale Liquor Licenses for Che 5aie of intoxica`cing Liquor at Retail in Addition to the Nine Now Permitted by Law and Calling a Special Election Thereon, and move its adoption. JSC/jms RESOLUTION # 2 316 TIRE SALE OF INTOXICATING LIQUOR AT RETAIL 133 ADDITION TO IRE 23133E MW PERMITTED ,AW AND CALLING A SPECIAL ELECIION THEREON. :T RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1. This Council has investigated the, facts and has determined that it is adient and in the public interest for the City, in view of the expected coming iges, to be in a position to grant three additional on --sale 1 ire- ses for the a of intoxicating liquor at retail. in the City in addition to the nine licenses permitted by law for the purpose of stimulating the location of future motels i dining and drinking, facilities and additional facilities of this type. 2. The Council under no circumstances intends to issue any licenses in [.tion to the nine now authorized by law prior to January 1, 1985. 3. The question of authorizing the issuance of three on -sale licenses for the e of intoxicating liquor at retail in addition to the nine now permitted by law, Ll be submitted to the qualified electors of the City of Shakopee at a special coon to be held in conjunction with the general election on Tuesday, the 6th day of November, 1984 between -the hours "oi-/ i ana__b _PM.- j'de-9oir"1tr-PrMA�b-auu judges of election shall be those designated for the general election. 4. The City Clerk is hereby authorizes and directed to cause notice of said election to be published twice in the official newspaper, the first publication to be at least 15 days prior to the election and the second publication to Follow one week thereafter. A notice of election shall also be posted inthe office of the City Clerk. Notice Eh31.1 be given in substantially the following form: NOTICE OF' SPECIAL ELECTION CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA November 6, 1984 NOTICE IS HEREBY GIVEN That a special election has been called and will be held in conjunction with the general election in and for the City of Shakopee, Minnesota on FOR BY I BE 1 expe c tiaT sal( now `_1 slxa. 11 Tuesday, the 6th day of November, 1984, for the purpose of voting on the following question: Shall the City Council be allowed to issue three on -sale licenses for the sale of intoxicating, liquor at retail in addition to the number nog� permitt(id by law? The polling places for said election where all qualified voters may case their ballots have been established as follows: First precinct - 1"ire Hall Second Precinct - Shakopee Public Library Third Precinct - Presbyterian Church Fourth Precinct -- Eagle Creek Town Hall Fifth Precinct - Christ Lutheran Church The polls will. be open at 7:00 A.M. and will remain open until, 8:00 P.M. Dated this ___ day of October, 1.984. BY ORDER OF THE CITY COUNCIL City Clerk Shakopee, Minnesota 3. The Clerk is further authorized and directed to order the b,all(ytts to be prepared for use at said election in substantially the following form: OFFICIAL BALLOT SPECIAL ELECTION CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA ITELD NOVEMBER C, 1984 Vote on the following question :'es Shall the City Council b(-- allowed to issue thr<=e on -sale licenses for the sale of intoxicating liquor at retail in addition to the nurlher now permitted by law? Instructions to Voters: Voters desiring to vote in favot of the above proposition, nut a cross (x) in the square appearing next to the word "YES" set forth opposite the proposition. Voters desiring to voce against the above proposition, put a cross W in the square appearing next toethe word "No" set forth oppo- site the proposition. MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Aide RE: A Resolution Specifying A Grievance Procedure For Complaint of Handicapped Discrimination DATE: September 26, 1984 Introduction: On October 17, 1984, the Office of Revenue Sharing published regulations prohibiting handicapped discrimination in cities. In compliance with these regulations, the City of Shakopee must adopt a resolution specifying a grievance procedure for com- plaints of handicapped discrimination. Background: In order to be eligible for federal revenue sharing funds all cities currently receiving more than $25,000 in revenue sharing funds need to adopt by resolution a grievance procedure for complaints of handicapped discrimination. Attached as Resolution No. 2311 is a grievance procedure developed by staff that addresses the mandatory requirements imposed by the Office of Revenue Sharing. Alternatives: 1. Adopt Resolution No. 2311. 2. Do not adopt Resolution No. 2311. 3. Direct staff to make revisions to Resolution No. 2311. Staff Recommendation: Staff recommends alternative number 1. Action Requested: Move to adopt Resolution No. 2311 specifying a grievance pro- cedure for complaints of handicapped discrimination. BAS:cah Attachment RESOLUTION NO. 2311 A RESOLUTION SPECIFYING A GRIEVANCE PROCEDURE FOR COMPLAINTS OF HANDICAPPED DISCRIMINATION Resolved that the City of Shakopee hereby adopt an internal grievance procedure providing for prompt and eagitable_resolution.'. -&-comPidints ail.eging any action prohibited by the Office of Revenue Sharing Regulations (31 C.F.R. 51.55 (d)(2)) implemen- ting Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) Section 504 states, in part, that "no otherwise qualified handicapped individual shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance". Filing Restrictions Consistent with the Statute of Limitations contained in the Minnesota Human Rights Act, a grievance must be filed within 6 months of the alleged discriminatory action. Grievances filed after the appropriate filing date need not be processed under the procedures set forth herein. Extension of Time If additional time is needed at any stage of the procedure, all parties must be notified in writing of the time extension requested and must consent to the extension. SHAKOPEE GRIEVANCE PROCEDURES - EMPLOYEES AND NON -EMPLOYEES A. Grievance Procedure for Employees Step 1 The grievance will be discussed initially with the grievant's immediate supervisor in an attempt to resolve the complaint. If a satisfactory solution has not been reached, the grievant has 5 working days from the date of the initial discussion with grievant's immediate supervisor to contact the department head and proceed with Step 2. Step 2 TTie grievant will discuss the grievance with the department head in an attempt to resolve it. If a satisfactory decision is not reached within 5 working days from the date of the 'lni Q1 -wi`tn bepattment 'heads, the grievant may proceed to Step 3. Step 3 The grievant may submit the grievance in writing to the person in charge of coordinating compliance with Section 504 (Finance Director). An investigation will be con- ducted as is deemed necessary to consider the cause for discrimination. The Finance Director has 15 working days to consider the grievance and reach a decision which shall be submitted to the grievant, immediate supervisor, and department head who considered the grievance. The decision will also be placed in a grievance file. If the decision is satisfactory to the grievant, the grievant shall sign a statement to that effect which will be included in the grievance file. If the decision is not satisfactory to the grievant, the written grievance may be submitted to Step 4 by the grievant within 5 working days of the issuance of the decision. Step 4 TT e City Administrator will consider the position of the grievant, immediate supervisor, department head, and per- -0 son in charge of coordinating Section 504. Any investi- gations deemed necessary to gather additional information may be directed by the City Admini_str r-ato._Wi-thin_15 working days of receiving the grievance the City Adminis- trator will make a decision on the grievance. The decision will be submitted in writing to all persons involved. A copy of this decision will also be included in the grievance file. If this decision is satisfactory to the grievant, the grievant shall sign a statement to that effect which will be placed in ther�Q�anc__fi notbesatisfactory to the grievant, the grievant may contact a government enforcement agency. UiI&vance procedure for Non-emplovees Step 1 The grievant will discuss the grievance with the person in charge of coordinating compliance with Section 504 (Finance Director) in an attempt to resolve the complaint. If a satisfactory decision is not reached, the grievant has 10 working days from the date of initial meeting to put the grievance in a written, signed statement and sub- mit it to Step 2. Step 2 The City Administrator will consider the written grievance, and direct any investigation deemed necessary to gather additional information. The City Administrator within 15 working days of receiving the grievance will make a decision. The Step 2 decision constitutes the final step'of the grievance procedure for non -employees. If this decision is satisfactory to the grievant, the grievant shall sign a statement to that effect which will be included in the grievance file. If this decision is not satisfactory to the grievant, the grievant may contact a government enforcement agency. Futher resolved that the Finance Director shall be the person charge of coordinating compliance with Section 504. Further resolved that the Section 504 coordinator shall aintain the files and records of the City of Shakopee relating o the complaints filed. Adopted in session of the City Council of the ity of Shakopee, Minnesota, held this day of 984. Mayor ofthe City of Shakopee TTEST: ity Cler Approved as to form this day of , 1_B4. ty Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk -1 RE: Appointment of Election Judges DATE: September 28, 1984 Intrcductior it is necessary for the Council to appoint election Judges for the upcoming general election on November Gth, at this time. The list of Judges includes those who worked for the primary plus a few more who have expressed a desire to work since then. I will have a revised copy of resolution on table Tuesday evening. Offer Resolution No. 2314, A Resolution Appointing Judges of Election, and Establishing Compensation, and move its adoption. JSC/Jms A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION ____________________________________________________________________ TZ 17 TETTLVED TY TRE LTTYUOUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. The following persons are hereby appointed Judges of Election for the five polling precincts within the City of Shakopee designated in Resolution No. 2021, adopted July 6, 1982: FIRST PRECINCT Regular Judges __________________________ __________________________ Add'I Judges SECOND PRECINCT Regular Judges Add,l Judges yLagglJoylund Carolyn Nevtn I 'L THIRD PRECINCT Regular Judges Add'l judges FOURTH PRECINCT Regular Judges Add'! Judges Ir Pat c*Ler!-1ev-1s. Diane Karst Glenda Spiotta. Co-Chrm Marie cza Nancy,Huss ................ Pat c*Ler!-1ev-1s. Diane Karst Glenda Spiotta. Co-Chrm Marie cza 0 i , 0 FIPTH PRECINCT Regolar judges _.___.._'A-..2.._.rm _...__.._ r .�ra.,..E lCi. / $Yix.._41' i YtC 7t t d _ rs. _._.__...-_--,._____.____._.__-.__-__-_...----_K{'- YIYt i e 1\1C:L .- .� r � �. 1 i i ! z.., es {i c? I `'1 Y':1 {YI k: 1..?- -• - 5 2. The Election ..Tt_RC?`Lyes shall be compensated for their work at t -S f:::' rate of $3.40 c, a l�,=r" I,'i=:tt_ll'� ;�YtC., the (,".hcl3.r"Ct1ti1'"t of ti'1C? Election judges hall be compensated at the rate of $3.90 per hour. 2. Me proper officials be and hereby are authorized and directed to do and perform all Y'I E'1 C.' 7 s + s •- ry� :_ carry out .• (l e terms, intents, and purposes of this Resolution. Aopted in r.session ?_f the City Council of the_PT--w__iId this day of of Shakopee, 1984. �•i ''1 t! l-', r'� -i�, f P •i..: 1. 1 (". - ice...• �. i A � -1,»= � _ � i' 1 c°} �,( 1-j 1' �3 �] _...._......_._ _... _.._.._.__-_.___—._----------------------- Approved -_--__-__----_-__,._—_--__—__ Appr"oved as to form this _ day _''F. ____.______.....___.._._..._.__. I i `-;��'s'! . -_..___.___._.__._._..._.,_.___.._..._--_ RESOLUTION NO. 2 14 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION REVISED *Additions BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: c2i S 1. The following persons are hereby appointed Judges of Election for the five polling precincts within the City of Shakopee designated in Resolution No. 2021, adopted July 6, 1982: FIRST PRECINCT Regular Judges Winnie Anderson. Chrm. Addll Judges SECOND PRECINCT Dorothy Breimhorst Gladys M. Theis Ruth O'Reilley Susan Niewind *Marge Abeln tlarie.Kocks Donald Clemens Lillian KoDisca Ann Noterman Marcie Schmitt Berdie Hgltfflan_-_ Robert Kubes Joan Hart Bea Simon Hazel Ecklund -*Elizabeth Schultz *Sandy Buesaens el Sc) ne 16 e r Zarol Bishop Bervl Barrett Barbara Runge *Rose McCourtney Kathv Gerlach- Addll Judges Paulette Rislund. Co-Chrm. Carolvn Nevin Connie Berens Yvonne Duede Joanne Krueger Cheryl Bannerman June Regan Marilyn Lang Mary ToDel Lucille Odenwald *Audrey Stage Donna Hallgren I a4 THIRD PRECINCT Regular Judges Maetta Jurewicz, Cbrm, Nancy Huss Kathrvn Marschall Joyce Schwarz Catherine Rader Loretta Jaspers Jan Gerold Lauren Spa o 0 Marian Mahowald ---*Al Schmitt Addll Judges June Sebald Maripdg ScbMit Tvanne Breimhorst Dean Trutnau Levaun Schmitt Orma Kraai Allen Muenzhuber Bernadette Gerlach Harriet Bartvzal Jeanette Shaner *Maxine Linehan FOURTH PRECINCT T Regular Judges Lillian Weingndl, Co-Chrm. Addll Judges Helen O'Brein Jernavne Leavitt Pat Clemens Elizabeth Effertz_ Joan Lynch Jermavne Leavitt Diane Karst Glenda SDiOtta. Co-Chrm. Sharon Fernholz Marge Bischoff Marie Czaia Delores Morkg Marvis Fickes Muriel Koskovich *Roger Linehan Denise Oldenbgrg *Joanne Evans Tom Game *Marscha Flom 1-2- FIFTH PRECINCT Regular Judges Virgilla Geske, Chrm. Marie Nigg Sally Juba Rudy Maurine Judy Ess Thea May Louise Vvskocil N o t e r m a n Carol Link Mary Bongard Add'1 Judges Mary Ann Mertz Brenda Fonder Rita Steinhoff Dean Obernolte Pat Pass Dale Huber Corrine McDonald Pat Muenzhuber 2. The Election Judges shall be compensated for their work at the rate of $3.40 per hour and the Chairman of the Election Judges shall be compensated at the rate of $3.90 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Aopted in _ session of the City Council of the City of Shakopee, Minnesota, held this day of , 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of --1 1984. City Attorney act' MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Huber Park Trail Restroom Facility DATE: October 1, 1984 Introduction: I was assigned to oversee the construction of the Huber Park Trail Restroom facility. In the construction of the r.estrooms I noted a number of items that we neglected to include. Con- sequently, I authorized their inclusion and the net result was a five percent overrun on the contract price. Background: The major items that impacted cost that were overlooked by review staff any myself prior to going for bids were: I. Marine plywood, laminated toilet stall doors. 2. Hand blow dryers. 3. Backflow preventer. 4. Sanitary napkin receptical. 5. Recessed fixtures. 6. Tempered insulated glass with metal frames. 7. Laxan shields for glass window covers. In addition to the aforementioned items, there were a number of small changes made. They are all outlined in the attached letter from Consolidated. Our overrun totals $2,537.06. The original contract price was $47,990. The final total is $50,527.06. Recommendation: Authorize the additional $2,537.06 expenditure on the Huber Park Trail Restroom facility. Action Requested: Direct staff to pay Consolidated Plumbing for the override of $2,537.06 on the contract for the Huber Park Trail Restroom Facility. LH:cah Attachment MECHANICAL CONTRACTORS City of Shakopee 129 East 1st Avenue Shakopee, Mn. 55379 Regarding: Huber Trail Facility Gentlemen: September 27, 1984 As of this date the Huber Trail Facility is complete. All inspections and approvals have been completed. 10 sets of keys were delivered to City Hall. Attached is a request for change order number 2 and a request for final payment. Sincerely CONS LIDATED PLU BING & HEATING COMPANY R. Enright RE: mf P.O. BOX 1091 • BURNSVILLE • MINNESOTA 55337 • (612) 894-3200 Page 1 of 3 iGUi '1 AIi;lNS ;.UBIE, 1 1Q lHn N,l bNIiw11ii N()TI(AO Rtf MFNiS ( ONiINC[Ni UPCSM1! $7 C,IYE$ AC, CIpf NTS OR OfHCR CAUSES BEYOND OUR CONTROL N PLUMBING HEATING COOLING MECHANICAL CONTRACTORS Original Contract Change Order No. 1 Change Order Request No. 2 (See Page 3) Total Less Previous Payments Final Payment Due $47,990.00 Deduct 893.91 47,096.09 $ 3,430.97 $50,527.06 $32,476.50 $18,050.56 Page 2 of 3 P.O. BOX 1091 • BURNSVILLE • MINNESOTA 55337 • (612) 894-3200 QUOTATIONS SUBJECT TO CHANGE LVITH)UT NOTICE • AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS OR OTHER CAUSES BEYOND OUR CONTROL KFRO TO. Mayor and Council FROM: John K. Anderson, City Administrator RE: Regional Transit Board (RTB) Schedule of Property Tax Relief DATE: S,-premhP_- 28, 1984 Introduction: Attached is the RTB's schedule of property tax relief or property tax feathering proposal I mentioned at the 9-25-84 work session. Background: According to the RTB's schedule we should have received this material already. We have not. The attached copy is from Rep. Chuck Dimler. Because Council will not meet again before October 10th when the RTB will certify its tax levies, I feel Council should react to the proposal provided by Rep. Dimler. If I get the formal mailing from the RTB by Tuesday, I will present it at the Council meeting. Alternatives: 1. Support the RTB's property tax relief program which will reduce Shakopee's taxes by $53,441 per year. The 1.25 mill level applied to Shakopee is the lowest level the RTB has created and will save our tax payers approximately one-half mill per year. 2. Reject the RTB's proposal and ask for greater tax relief. The current proposal will reduce the money we have available for our transit system under opt -out by only $13,000 which should not affect the program. A larger reduction could affect the program,but is probably im- possible to achieve because the 1.25 mill level was recommended by the Legislature. Recommendation: I recommend alternative number 1 for the reasons listed above. Action Requested: Pass a motion strongly supporting the RTB's Property Tax Relief Program which will reduce the City of Shakopee RTB contribution to 1.25 mills. JKA:cah METROPOLITAN COUNCIL Suite 300 Metro Square Building, St. Paul, Minnesota 55101 MEMORANDUM TO: Judith McCourt, John Capell, Greg Andrews, Al Schenkelberg, Ghaleb Abdul -Rahman, and Nacho Diaz FROM: Office of Staff Counsel, Peter Bachman SUBJECT: Proposed Procedure for Certification of Tax Levy by the RTB DATE: September 24, 1984 As you are all aware, the RTB is required to certify its tax levy to the auditors of each metropolitan county by October 10. Prompt action is required to meet this deadline. I propose that the following procedure be followed: 1. Sept. 19 Meeting with staff of the MTC, MC, and Mn/DOT to identify issues and options 2. Sept. 19-21 Prepare memo to RTB identifying issues and options; prepare proposed resolution(s) certifying tax levy 3. Sept. 24 RTB meets and passes resolution establishing intent to certify a particular tax levy on October 8, 1984 4. Sept. 25 Mail copy of resolution(s) to all affected communities and invite comments 5. Sept. 25 - Receive comments from affected communities Oct. 8 6. Sept. 28 Receive exurban tax levy from MTC 7. Oct. 8 RTB meets and certifies tax levy 8. Oct. 9 Delivery, by registered mail, of tax levy to the auditor of each metropolitan county 9, Oct. 12 Follow-up telephone call to each county auditor. The procedure proposed above is flexible. Your suggestions for improvement are welcome. I anticipate that there will be opportunity at the September 24 meeting of the Board for presentations by the MTC, MC, and Mn/DOT. 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O Op ca `G b a O •r•1 .,A N «7 3 �i cd O G O ro E Tf r. r -i -H >> Er --) (1) O O O 0 O -i a) i CL 0 C L ,y O > a) a X 3 3 tLO o W E L cn ro S. = 4.) \ S. 60 0 tZ o C co 3 O O a () .D ,o qa o cdx c4-) o+)r-I o4.) aQ)Hb :3v 1) •r•1 > ca •ri >, L. .N r -I .1 S- 3 G • r-4 O v) cz E-4N s. m = Is-- Nr•1 • o aN r-1 ) ca a) • i.) -r-iO \ 0low V)Co mmmufz-12:za3 0330 d ca O C 3 U 7-0 R E G I O N A L T R A N S I T B O A R D 1 1934 Suite 402 Metro Square Building, St. Paul, Minnesota 55101 291-6640 CITY OF SHAKO EE M E M O R A N D U M TO: Metropolitan Communities and Other Parties Affected by the Regional Transit Board -s 1984/85 Property Tax Levy FROM: Elliott Perovich, Chairman DATE: September 27, 1984 A special meeting of the Regional Transit Board will be held on October 8, 1984, to take final action on the 1984/85 transit property tax levy. Enclosed for your information are two Regional Transit Board Resolutions along with certain background data on the tax levy. Resolution 84-6 was passed by the Board on September 24, 1984, and announces the Board -s intent to certify the 1984/85 tax levy according to the terms of proposed Resolution 84-7. Resolution 84-7 adopts, one year earlier than required, the full tax relief established by the 1984 tax feathering legislation. Each commmunity"s mill rate is established by the frequency of service provided to the community. These mill rates will be reevaluated next year after the Board has adopted an interim implementation plan, financial plan, and budget. As you are all aware, the Regional Transit Board is a new agency working hard to meet a very ambitious schedule. Our goal is nothing less than developing the nation -s finest transit system. We can -t do this without the involvement and cooperation of local units of government. We invite your comments on the transit tax levy and hope you will work with us in developing a cost effective, efficient transit system. CZ0283 REGIONAL TRANSIT BOARD Suite 402 Metro Square Building, St. Paul, Minnesota 55101 (612) 291-6640 RESOLUTION NO. 84-6 RESOLUTION ANNOUNCING INTENT TO LEVY AD VALOREM PROPERTY TAX WHEREAS, the Regional Transit Board is authorized by 1984 Minn. Laws Chapter 654, Article 3, Section 136, to levy certain property taxes in the metropolitan area on or before October 10, 1984; and WHEREAS, the Regional Transit Board desires to provide notice of the proposed tax levy and an opportunity for comment to affected communities, county auditors, the State Board of Equalization, and other affected �fl / Tcf� crit cT. c ' �/r r%)A, I ASIG-viks DG iT 9.7-1 lL7iu . 1. THAT the Regional Transit Board hereby announces its intent to adopt proposed Resolution No. 84-7, attached hereto as Exhibit A, at a special meeting of the Board on October 8, 1984, at 3:00 p.m. 2. THAT the Secretary of the Board is instructed to mail a copy of this Resolution, including Exhibit A, to each community in the metropolitan area subject to the tax levy, to the county auditor of each of the seven counties, and to the State Board of Equalization. 3. THAT comments from affected communities, county auditors, the State Board of Equalization, and other affected parties on the proposed tax levy are hereby invited. 4. THAT failure to send or receive the notice specified in this Resolution shall in no way affect the validity of the planned tax levy. 5. THAT the Regional Transit Board reserves its right to modify or amend proposed Resolution No. 84-7. Adopted this day of 1984. lott Perovi'ch,ai rmart Ati.ing Secretary CZ0272 3 � REGIONAL TRANSIT BOARD Suite 402 Metro Square Building, St. Paul, Minn. 55101 RESOLUTION NO. 84-7 .F—SM�IT IW LEL Y IK 42 VAL0REY_ PROPERTY TAXES WHEREAS, the Regional Transit Board is authorized by 1984 Minn. Laws Chapter 654, Article 3, Section 136, and Minn. Stat. §473.446, as amended, to levy certain property taxes in the metropolitan area on or before October 10, 1984; and WHEREAS, the Metropolitan Transit Commission fund balance in 1985 is estimated to be s4sfficient to c3ver pre¢erty tax re,senue lasses caused by voluntarily feathering property taxes in accordance with the provisions of 1984 Minn. Laws Chapter 502, Article 3, Section 25, for the 1984 property tax levy; WHEREAS, the Regional Transit Board has defined the level of service provided to communities as the frequency of service received from the Metropolitan Transit Commission and private providers, excluding paratransit services, as specified in the service plans in effect on September 1, 1984. NOW, THEREFORE, BE Ii RESDi1iED'TNA'T the Regional 'Transit Board hereby levies upon all taxable property within the Metropolitan Transit Taxing District, as defined in Minn. Stat. §473.446, subd. 2(1982) the following amounts: 1. $47,402,042 for use by the Regional Transit Board for payment of the expenses of operating transit and paratransit services. This amount represents a two(2) mill levy on all taxable property within the Metropolitan Transit Taxing District, except that the levy on taxable property located in the following communities is reduced by the following dollar amounts: County Community Levy Reduction Anoka Centerville 5 5,325 Carver Chanhassen (part) 43,847 Chaska 61,684 Dakota Apple Valley 160,671 Burnsville 370,168 Eagan 257,963 Rosemount 48,105 Lilydale 8,418 Mendota 1,443 Hennepin Chanhassen (part) 700 Deephaven 33,664 Excelsior 17,485 Eden Prairie 297,134 Greenwood 6,698 Woodland 12,767 Tonka Bay 20,922 Shorewood 38,778 M911 BE IT FURTHER RESOLVED that the Treasurer of the Regional Transit Board, on behalf of the Board, shall certify these levies to the respective county auditors of the counties in which the taxable property is located on or before October 10, 1984. Adopted this day of . 1984. Elliott Perovich, Chairman ecretary RTBPB2 CHLGLI METROPOLITAN COUNCIL Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 DATE: September 24, 1984 TO: Members of the Regional Transit Board FROM: Members of the Joint Committee SUBJECT: Transit Tax Levy BACKGROUND On September 19 and again on September 21, 1984, staff members from the Metropolitan Council (MC), the Metropolitan Transit Commission (MTC), and the Minnesota Department of Transportation (Mn/DOT) (hereinafter Joint Committee") met at the request of Chairman Perovich to discuss the 1984 metropolitan transit tax levy. The purpose of the meetings was to identify the options the Board has in certifying the tax levy and to identify issues the Board should be aware of in choosing between the various options. The Joint Committee adopted a proposed timetable, attached hereto, to accomplish certification of the tax levy on or before October 10, 1984. The timetable proposes that the Board pass a resolution at its meeting on September 24 announcing its intent to certify the tax levy at a special meeting to be called on October 8, 1984. This will allow affected communities the opportunity to submit comments to the Board on the proposed tax levy before the Board takes final action on October 8. Based primarily on financial information supplied by MTC staff, the Joint Committee recommends that the Board incorporate 'full feathering" (explained below) in its 1984 tax levy. Full feathering results in a loss of approximately $1,638,000 in property tax revenue when compared to the limited feathering done by the MTC in 1983. The Director of Finance of the MTC informed the Joint Committee that the surplus fund balance of the MTC could cover such a revenue loss for one year. This memorandum reviews several key provisions of the law pertaining to the 1984 tax levy and summarizes several issues and options identified by the Joint Committee. POLICY ISSUES - What is the ability of the MTC (or RTB) to absorb revenue reductions caused by tax feathering? - H3w should the phrase "level of service" be defined? On a "cost of service provided` basis? On a °frequency of service provided° basis? 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The criteria used in determining the property tax levy was established in recent legislation and is as follows: I. Full peak and off-peak service (2.0 mills) II. Full peak service and limited off-peak service (1.50 mills) - Limited off-peak service is defined as weekday mid-day service with a service frequency (headway) of more than 60 minutes on the route with the greatest frequency. III. Limited peak service (1.25 mills) - Limited peak is defined as peak service only. A community is considered to receive service if one or more bus routes penetrate the municipality's boundary or one or more bus routes serve a street or highway that defines the boundary of a municipality, if a portion of the municipality's population resides near that street. You have asked for an inventory of transit services provided to the communi- ties within the transit taxing district and based on aforementioned criteria, a determination of property tax levy by community. Attached as Exhibit #1 is that listing. In the preparation of this list, we included service provided by the Metropolitan Transit Commission, Medicine Lake Lines, North Suburban Lines and Valley Transit on September 1, 1984. JJC : j ao Enc. SERVICE LEVELS IN COMMUNITIES WITHIN TRANSIT TAXING DISTRICT FREQUENCY COUNTY/CITY PEAK OFF-PEAK -2 - GOVERNING ROUTE MILL RATE HENNEPIN Long Lake 30 min 2 trips MTC 51 1.50 Maple Grove 3 trips -0- MTC 45 1.25 Medicine Lake -0- -0- -0- 1.25 Minneapolis 3 min. 6-10 min. MTC 18 2.0 Minnetonka 20 min. 60 min. MTC 12 2.0 Minnetonka Beach 20-30 min. 60 min. MTC 51 2.0 Mound 20-30 min. 60 min. MTC 51 2.0 New Hope 20 min. 60 min. MTC 14 2.0 Orono 20-30 min. 60 min. MTC 51 2.0 Osseo 3 trips -0- MTC 45 1.25 Plymouth 30 min. 60 min. MLL 2.0 Richfield 10 min. 15-20 min. MTC 18 2.0 Robbinsdale 5 min. 20 min. MTC 14 2.0 St. Anthony 20 min. 40 min. MTC 4 2.0 St. Louis Park S min. 20=30 min. MTC 17 2.0 Shorewood 20 min. 120 min. MTC 67 1.50 Spring Park 20-30 min. 60 min. MTC 51 2.0 Tonka Bay 2 trips -0- MTC 67 1.25 Wayzata 20-30 min. 60 min. MTC 51 2.0 Woodland -0- - -0- -0- 1.25 Wold-Chamb. Field 20 min. 40 min. MTC 7 2.0 RAMSEY Arden Hills 20 min. 4 trips NSL 1.50 Blaine 10-20 min, 60 min. MTC 24 2.0 Falcon Heights 30 min. 60 min. MTC 6 2.0 Gem Lake 2 trips -0- MTC 15 1.25 Lauderdale 10-15 min. 30 min. MTC 5 2.0 Little Canada 30 min. 60 min. NSL 2.0 Maplewood 20-30 min. 40-60 min. MTC 9 2.0 Mounds View 10 min. 70 min. MTC 25 1.50 New Brighton 20-30 min. 60 min. MTC 4 2.0 North Oaks -0- -0- -0- 1.25 North St. Paul 20-30 min. 60 min. hTfC 9 2.0 Roseville 10-20 min. 20 min. MTC 4 2.0 St. Anthony 20 min. 40-60 min. MTC 4 2.0 St. Paul 4-6 min 8 min. MTC 16 2.0 Shoreview 30 min. 60 min. NSL 2.0 Spring Lake Park 10-20 min. 40-60 min. MTC 10 2.0 Vadnais Heights 20 min. 4--5 trips MTC 2 1.50 White Bear Lake 20 min. 60 min. MTC 15 2.0 White Bear Lake Twnshp. 2 trips -0- MTC 15 1.25 SCOTT Prior Lake 2 trips -0- MTC 35N 1.25 Savage 2 trips -0- MTC 35N 1.25 Shakopee -0- -0- -0- 1.25 13 �V--- EXHIBIT "1 SERVICE LEVELS IN COMMUNITIES WITHIN TRANSIT TAXING DISTRICT FREQUENCY GOVERNING COUNTY/CITY PEAK OFF-PEAK ROUTE MILL RATE ANOKA Anoka 5-10 min. 60 nin MTC 27 2.0 Blaine 10-20 min. 60 min. MTC 24 2.0 Centerville 1 trip -0- NSL 1.25 Circle Pines 30 min. 60 min. NSL 2.0 Columbia Heights 5 min. 12 min. MTC 10 2.0 Coon Rapids 5-10 min. 60 min. MTC 27 2.0 Fridley 10-15 min. 60 min. MTC 10 2.0 Hilltop 5 min. 24-30 min. MTC 10 2.0 Lexington 30 min. 60 min. NSL 2.0 Lino Lakes 30 min. 60 min. NSL 2.0 Spring Lake Park 10-20 min. 40-60 min. MTC 10 2.0 CARVER Chanhassen (part) 3 trips 3 trips MTC 53J/67 1.50 Chaska 3 trips -0- MTC 53J 1.25 DAKOTA Apple Valley 4 trips -0- MTC 35M 1.25 Burnsville 8 trips -0- MTC 35N 1.25 Eagan 5 trips -0- MTC 77E 1.25 Inver Grove 15 min. 60 min. MTC 8 2.0 Lilydale 3 trips -0- MTC 12 1.25 Mendota -0- -0- -- 1.25 Mendota Heights 15-20 min. 50-60 min. MTC 5 2.0 Rosemount 1 trip -0- MTC 46 1.25 South St. Paul 15 min. 30 min. MTC 8 2.0 Sunfish Lake -0- -0- -0- 1.25 West St. Paul 15 min. 30 min. MTC 8 2.0 HENNEPIN Bloomington 15-30 min. 30 min. MTC 47 2.0 Brooklyn Center 5 min. 30 min. MTC 5 2.0 Brooklyn Park 10 min. 60 min. MTC 5 2.0 Champlin 10 min. 120 min. MTC 26 1.50 Chanhassen (part) 3 trips -0- MTC 53J 1.25 Crystal 20-30 min. 60 min. MTC 14 2.0 Deephaven 20 min. 120 min. MTC 67 1.50 Eden Prairie 3 trips -0- MTC 531 1.25 Edina 10-15 min. 20 min. MTC 6 2.0 Excelsior 20 min. 120 min. �,= 67 1.50 Golden Valley 15-20 min. 40-60 min. MTC 19 2.0 Greenwood 20 min. 120 min. NTTC 67 1.50 Hopkins 10 min. 30 min. MTC 12 2.0 SERVICE LEVELS IN COMMUNITIES WITHIN TRANSIT TAXING DISTRICT NSL = North Suburban Lines MLL = Medicine Lake Lines VT = Valley Transit MTC = Metropolitan Transit Commission JJC : j ao 9/27/84 -3 - GOVERNING. ROUTE MILL RATE VT 2.0 FREQUENCY COUNTY/CITY 1.50 PEAK OFF-PEAK 1.25 MTC WASHINGTON 1.50 MTC 15 Bayport 60 min. 60 min. Baytown 30-60 min. 120+ min. Birchwood 1 trip -0- Cottage Grove 20 min. 120 min. Dellwood 30 min. 120 min. Lake Elmo 30-60 min. 120+ min. Landfall 20-30 min. 60 min. Mahtomedi 30 min. 120 min. Newport 20 min. 120 min. Oakdale 20-30 min. 60 min. Oak Park Hts. 60 min. 60 min. Springs -0- -0- [Peine It- -. P--1M-T P5-2'3(- 2,0 .Ilii i�_. 2-129 ' l lav Stillwater 60 min. 60 min. Willernie 30 min. 120 min. Woodbury 20-30 min. 2 trips White Bear Lake 20-30 min. 60 min. NSL = North Suburban Lines MLL = Medicine Lake Lines VT = Valley Transit MTC = Metropolitan Transit Commission JJC : j ao 9/27/84 -3 - GOVERNING. ROUTE MILL RATE VT 2.0 MTC 12 1.50 MTC 35A 1.25 MTC 18 1.50 MTC 15 1.50 MTC 12 1.50 MTC 3 2.0 MTC 15 1.50 MTC 18 1.50 MTC 3 2.0 VT 2.0 -0- 1.25 IVTIT 2 � VT 2.0 MTC 15 1.50 ' MTC 94W/3 1.50 MTC 15 2.0 0 7- N, fl -I "? h �' O=s - Ennyw, Ymmwta 5!7T -Z7& SIT 10-3K) OL' L 7 Hi 17, city - t t I 7 7, 1q h A 02 h t za c, moyt 'no wsuoci to tho Chicago lvwl Tompoyo, 007cum 1 'a Mi C., C, 3 7 fo. -4=, 'n 1, e d t 'n at '7 Vol a It j Q 1-) :401. 7 L W i n r vad Ws z a Dow i yq; iv-Dw -too loon- A -r- 'D ri It. Aqv, no-san, City 11dwin n Ohrn OL' L 7 Hi 17, city - t t I 7 7, 1q h A 02 h t za c, moyt 'no wsuoci to tho Chicago lvwl Tompoyo, 007cum 1 'a Mi C., C, 3 7 fo. -4=, 'n 1, e d t 'n at '7 Vol a It j Q 1-) :401. 7 L W i n r vad Ws z a Dow i yq; iv-Dw -too loon- A -r- 'D ri 21, I —1. 1 1.a.;:_. t .1 L c � t -i t two take,, -i ly Cr, S 4:. y'!_ T-rarjs- P p%unent m, -F pc' -1 -car, sm t h C, Cc., r, '�_� t _-,, c, a d, v i r, C, y 1:t a fl` - :l �got A at z; r t `. -?- 1 : ;=t Rt--_ a , H�,t atD fav they 1-Aght sf-oualn. T t DO A Y r P C1.111 E3 -;-I da4. C,-:, t h a t Est 1 -at M- C",l, -_-S "J i-_ S-, f- 'Ll i' � E: t -;7 f t "1 -1 h E? R Ee a 1 - H E, t a t ;Z�- :--,, 1-2 a r- t Tn" i 1:' r d�g 0 -4' c^ 'n,�=lp ThE? z:i;-� thim 7t i-7, -aly City- lWacluti-D-n 232.2, P. 7M: ;A at z -�i-q: 7 Iwo I in :D-,7 P -r-1 -J C:"HA Z�: t h vj L -,::1 E aT i Y� g 7 r; p 1 - 0 non p 11 t T; qt Duivsl Aind %Q liney Panvk Jy-ivEm. t 2 cm, t c t v p ZQ--. lit f 'Dv� son, pa 10" 0 nr 11100al ln� on FZ 3 t c� r rn a f-2 �D 7-n s o i YA Onm 07 S100.00, n 1 7 Y q4. OFT1. TO t T '7 ,jc 1 t 2 :77 7, a, c t i c' rl .,its, Of' Ti: Z7 7nuirit With 7ha Cfn a Ei c� 2, 7Q,n w t h PR: s t P, i-- ir t t C -r , C �D n- .7-, �-, - (-_e 7 7T ` E, - 1 -,, ._-_-_ v _-:vada Q-Osluillj] nt joaK D-�nm—�nf pal -k Dv-�vv� RESOLUTION NO. 2322 A Resolution Authorizing The City Of Shakopee To Enter Into An Agreement With The Chicago And Northwestern Transportation Company For Railroad Grade Crossing Improvements At Shenandoah Drive And Valley Park Drive WHEREAS, the City of Shakopee has agreed to construct Off -Site Improvements related to the Shakopee Racetrack Site pursuant to the Indirect Source Permit; and WHEREAS, these improvements require the construction and reconstruction of railroad grade crossings; and WHEREAS, it is necessary to authorize the payment of the construction costs of these railroad grade crossings; and WHEREAS, it is necessary to give certain City Official, - authority to negotiate with the Real Estate Department of the Chicago _L and Northwestern Transportation Company for such right- of-way. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Of SHAKOPEE, MINNESOTA THAT: 1. The City hereby agrees and authorizes the payment of 100 percent of the cost of constructing the grade crossings at Shenandoah Drive and Valley Park Drive. 2. That the City Administrator or designated respresenative is hereby authorized to negotiate with the Real Estate Department of the Chicago and Northwestern Company for right-of-way required by these railroad crossings. Adopted the City of ATTEST: City Clerk in Shakopee, 19-. Minnesota, session of the City Council of held this . day of Mayor of the City of Shakopee Approved as to form this , 19-. City Attorney day of Form 2036 - Page I Revised 1981 CHICAGO AND NORTH WESTERN TRANSPORTATION C014PANY (hereinafter called "Company) hereby licenses the CITY OF 5HAK0PEE, IMINNESUTA» (hereinafter called "Licensee") to c0O£trUCt» main- tain and use, an 18 inch. storm sewer (hereinafter called "facility") UpOM the property and under tile track of the Company at Shakopee, Minnesota, in the lOCdtiOD and position, and in accordance with the specifications shown on map dated August 20* 1984, hereto attached marked Exhibit "A" and, by this reference, made a part hereof. The foregoing license given upon such express terms and conditions as are inserted below, as well as those contained upon the subsequent printed pages, and should the Licensee at any time violate any Of said terms or conditions, or use or attempt to use said facility for �n 0ther or different purpose than that above specified, then the Company may, at its Optiin" innn8diJtely revoke this license. The foregoing license is subject to the following conditions: For the privileges herein permitted the Licensee Shall pay to the Company, in advance, d charge of Sixty Dollars /$60.00\ per annum, or fraction thereof, beginning November l^ 1984, subject to revision at any anniversary billing date. FIRST. The work Of C00StrUCtiOn and maintenance shall be done and completed in good and w0rk03Dlik9 manner at the sole expense Of the said Licensee. Said work shall be done in such manner as in no way to interfere with Or endanger the use of the property or track's of the CU0poOy, or the operation thereon of any engines, cars Or train5. The Chief Engineer of the Company shall have the right to inspect such work from time to time and to require Such changes to be made as will in his opinion decrease the hazards incident to Said facility; but any such �nspeCtiOn Or required changes or any failure to 58 inspect, or to require changes to be made, shall not effeCt any of the obligations assumed by the said Licensee hereunder. SECOND. The said Licensee shall bear the cost of all protection which the company may require for its tracks or property during construction and maintenance hereby authorized and Of all repairs, changes, additions or betterments to said Company's track or property 0Odg necessary On account Of same. If in the judgement Of the Company it Shall he necessary to provide support for its tracks during the work of construction Or maintenance the Company will provide such support, and the entire cost thereof will be paid by the Said LiC80S8e promptly upon receipt of bill therefor. Form 2036 - Page 2 Revised 1981 THIRD. The Licensee shall pay all taxes, general and special, license fees or other charges which may become due or which may be assessed against the premises of the Company because of the construction, existence, operation or use of said facility, the Licensee, or the but iness co.iducted in connection with said facility, and shall reimburse the Company for any such taxes, license fees or other charge which may be paid by the Company promptly upoirthe presentation by the�Company of bills therefor. I FOURTH. The said Licensee will give to the Chief Engineer of the Company at Leask ten days' notice in writing before entering upon the right of way of the Company for constrL&.-tion purposes, or for the purpose of making necessary repairs. The Company reserves the right to 6t3dge f3f the !Recessity of repairs to said facility, ae%d to require the Licensee to make such repairs upon ten days' notice in writing. In such case, said Licensee may enter upon said right of way without the ten days' notice above referred to, and shall proceed forthwith to make such repairs, and upon failure to do so within ten days, the Company shall have the right to make said repairs and collect the entire cost thereof from the Licensee. , The Company reserves the right, in case in its opinion the safety of its tracks or property demands it, to make emergency repairs without notice to the Licensee and to collect the cost thereof from Licensee as herein provided. FIFTH. Licensee agrees that in the construction, maintenance, and use of the facility, it will comply with all applicable laws, including, but not limited to, any laws, standards, regulations, or permit requirements relating to environmental pollution or contamination or to occupational health and safety; and Licensee agrees to indemnify and hold harmless the Company from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury, and death and all expenses and costs, including attorneys' fees, resulting from or arising out of the construction, maintenance, or use of the facility, including any discharge or emission therefrom or for the violation of any law, standard, regulation, or permit requirement relating to environmental pollution or contamination, or to occupational health and safety. SIXTH. .It is understood by the Licensee that said facility is subject to and may increase the dange,-s and hazards of the operation of the railroad of the Company, and that this license is subject to all risks thereof. Therefore, and as a material consideration to the Company for en`r-ring into this license and without which the Company will not enter same, the Licensee agrees to assume and pay for all loss or damage to property whatsoever, and injury to or death of any person, or persons whomsoever, including all costs and expenses incident thereto, however arising from or in connection with existence, construction, maintenance, repair, renewal, reconstruction, operation, use or removal of said facility, or any defect therein or failure thereof, or the failure of the Licensee or members, officers, agents or employees of the Licensee to abide by or con -ply with any of the terms or conditions of this license; and the Licensee forever indemnifies the Company against and agrees to save it harmless from any and all claims, demands, lawsuits or liability for any such loss, damage, injury and death, costs and expense, even though the operation of the Company's railroad may have caused or contributed thereto. Notice to or knowledge by the Company of any act or omission by the Licensee which is or might be a breach by the Licensee of any of the terms or conditions of this Agreement to be performed by the Licensee, and the acquiescense by tree Company in or to such act or omission, shall neither be considered to relieve the Licensee of any obligation assumed by it under this paragraph nor be considered to be a waiver or release by the Company of any rights granted to it under this paragraph. SEVENTH. The Company reserves the right to use, occupy and enjoy its tracks, property and right of way, for such purpose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed by it. If any such use shall necessitate any change, repair, renewal, removal or r -location of said facility, or any part thereof, the Licensee shall perform such work at such time as the Company may approve and if the Lice.S,e fails to do so such work may be performed by the Company at the expense of the Licensee and the said Company sha.11 not be liable to the Licensee on account of any damage growing out of any use which the Company may make of its tracks, property and right of way. In case any of the terms or provisions of this license have been performed or carried out prior to the actual date of execution hereof, it is understood and agreed that this license shall nevertheless be of the same force and effect as though same had been executed by the paries prior to such performance. -, 7-orm 2036 - Page 3A Revised 1981 EIGHTH. The Company shall have the right at any time to revoke this license by giving thirty days' notice in writing to the Licensee and at the expiration of the time limiteg by said notice, or u;on any other revocation of this license, the Licensee shall promptly, and it the manner directed by said Chief Engineer, remove all construction hereby authorized ftom the premises of the Company and leave said premises in the same condition in which they=were before the installation of the same. Upon default of the Licensee so to do, the Company may remove the same and restore its premises, and the Licensee will promptly pay to the Company the cost of so doing. NINTH. The waiver of a breach of any of the terms or conditions hereof shall be limited to the act or acts constituting such breach, and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect as to future acts or happenings, notwithstanding any such waiver. TENTH. This license is personal to said Licensee and is not; assignable or transferable, without the written consent of the Company being first obtained. ELEVENTH. In further consideration of the Company's giving to the Licensee the rights an ,-i7, r� ? ege_,-aouve specfr rdu, `trio' L icemee,'-Dy'tne acceptance oT this - i i cense, hereby agrees tha it will not levy or assess any special tax or special assessment against Company or against or upon Company's properties for the construction or use of the improvement of which said facilit is a part; and, the Licensee hereby forever indemnifies Company against and agrees to save Company harmless from any and all claims, demands, lawsuits or liability whatsoever for any such special tax or special assessment. If notwithstanding the foregoing provisions any such special tax or special assessment shall be levied or assessed upon or against said Company's properties, the Company shall have the following elections to wit. (a) Company may make such payments as may be necessary to satisfy and discharge any lien: for such special tax or special assessment and in case of such payment the Licensee agrees to make repayment on demand with interest at the rate of five per cent (5%) per annum from the date of such payment so made by Company. (b) Company may file this license agreement for recording in the office of the Recorder of Deeds of the county in which said properties are located and such filing shall constitute a complete discharge and release of any lien against said Company's properties for such special tax or special assessment. (c) Company may terminate this license by filing notice of termination with such Recorde of Deeds for recording and forwarding a copy thereof through certified or registered mail, postage prepaid to Licensee whereupon all rights, privileges and interests herein granted to Licensee shall immediately cease and determine with the right of Company to make immediate re-entry and without any further obligations or any liability on the part of Company in respect to any payments, setoffs, counterclaims, recoupment, crosshi7Tc. .-�r cross demands. All rights, remedies and elections of Company shall be cumulative. TWELFTH. Licensee further agrees that there is no benefit to the Company's properties, either for railroad use or for any possible use in the future from the construction of the facility or project of which said facility is a part. Form 2036 - Page 4A Revised 1981 In Witness Whereof this instrument is executed this day of ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY 19 Pursuant to authority granted by resolution Of the of the City Of SHAK0PE[, MINNESOTA, adopted ��--------' The undersigned, the Licensee mentioned in the foregoing license, hereby accepts the same subject to the terms and conditions therein stated. Attest: City Clerk CITY OF SHAKOPEE, MINNESOTA By:(Seal\ Approved Assistant Chid EllZincel-Staft T_ bAj LF /-?'P.n'v /A S r'o'em .5-,E A A/,O XACR/A14 ApPRL)V'ED BRIDGE ENGINEER NOTE: NO MEN, OPEN 25' OF A � iY 'r. R CK C E L" i IE A$ :'*SURED A7.*'%I%G3HT ANGLES TO THE TRACI.K. '--T"E R N I vi) WWI S -HAK o P E E M 1A1A1,esq rA -zW- I)iV.,Y;GR J N' -ENGR. 104 r MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Reconsideration of Resolution No. 2308 DATE: October 2, 1984 Introduction: On September 25, 1984 the City Council approved Resolution No. 2308, A Resolution Approving the Final Plat of Century Plaza Square 2nd Addition. Staff is preparing the Developer's Agree- ment for execution and has found that some items for the Develop- ers Agreement need to be clarified and others need to be addressed as recordable agreements rather than being included in the Develop- er's Agreement. Background: The following items are proposed amendments to the Resolution No. 2308: 1. Item number 2C Auxilliary Turning Lanes be removed from the Developers Agreement and be placed as item number 9 to read as follows, "Execution of a recordable agreement which provides for the construction of auxilliary turning lanes in CSAH 17 should they be necessary for County Entrance Permits. 2. Item number 2F Drainage language be amended to include lots 4, 5, 6 in Block one. 3. Item number 5 be amended to clarify improvement of Gorman Avenue by roadway construction and storm sewer. Recommendation: Staff recommends approval of the proposed amendments. Attached is proposed amended resolution. Action Requested: Approval and adoption of the following motions: 1. Motion to reconsider Resolution No. 2308, A Resolution Approving the Final Plat of Century Plaza Square 2nd Addition. 2. Motion to approve the recommended amendments. 3. Motion to approve Resolution No. 2308 as amended. RE'SOLU'TION NO. 2308 A Resolution Approving the Final Plat of Century Plaza Square 2nd Addition WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Century Plaza Square 2nd Addition with the approval of a variance from the ten foot sidewalk requirement in order for a five foot sidewalk to be constructed in accordance with the existing commercial_ sidewalk sizes in the area, on September 2'0, 1984 and has recommended its adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 'I ]WA' :: 1i IA -2 l•31d_1. r"id4l_ ZA \.C] LUV � Y1A`2.'tt Square 2nd Addition, described as follows: All that part of the West Three-fourths of the Southeast Quarter of Section 6, Township 1151- Range 2l; Scott County, Minnesota, lying of the Spring Lake Road (County Road No. 16) and lying Westerly of the west line of County Road No. 17 as now con- structed. Excepting therefrom the West 200.00 feet of said West Three-fourths of the Southeast Quarter and also Excepting therefrom the North 333.00 feet of the East 180.00 feet of the West 380.00 feet of said West Three-fourths of said Southeast Quarter. Containing 8.108 acres. Also All that part of the West Three-fourths of the Southeast Quarter Section 6, Township 115, Range 22, Scott County, Minnesota, lying North of the Spring Lake Road (County Road No. 16) and East of the East right of way line of County Road No. 17 as now constructed. Excepting therefrom the North 330.00 feet of the east 321.00 feet of said West Three-fourths of said Southeast Quarter. Containing 7.472 acres, be, and the same hereby is approved and adopted with the approval of a variance from the ten foot sidewalk requirement, and with the requirements that: 1. Approval of a Title Opinion by the City Attorney. 2. Execution of a recordable Developers Agreement which provides for: A. Park Dedication - to be made in cash at time of building permit issuance. B. Sidewalks - five foot sidewalks to be constructed on the east and west sides of CSAH 17. C. Sanitary Sewer - construction of a sanitary sewer to serve Lots 2, 3, 4, Block 1. D. Assessments - the developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against said proposed plat and that the developer waives his right to appealing the apportionment. E. Drainage - the developer shall submit a final drainage report and construct drainage facilities for each lot in Block 1 and Block 2. 3. The proposed zoning amendments must bo officially effective . I prior to the recording of the final plat. 4. The final plat must be drawn in accordance with the Sub- division regulations. 5. The developer shall submit a Petition to the City of Shakopee for the improvement of Gorman Avenue from CSAR 1.7 to the west property line of the plat by roadway construction and storm sewer., and waive the right to appeal. the proposed assessment. 6. A separate recordable agreement shall be made between the developer and the Shakopee Public Utilities Commission in which the developer agrees to pay for the installation of an eight inch future watermain in Gorman Avenue from CSAR 17 to the west property line of the plat; with the under- standing that the SPUC will pay for the cost of oversizing to a twelve inch line. 7. The dedication of an additional ten feet on both sides of centerline along CSAR 17 to provide for a total of 100 feet of right-of-way, and redraw the lot lines in Block 2 in order to create conforming lot sizes. 8. The dedication of an additional 17 feet of right-of-way where the plat abuts CSAR 16; the northeast corner of the intersection of CSAR 17 and CSAH 1.6. 9. Execution of a recordable agreement which provides. for the construction of auxilliary turning lanes in CSAH 17 should they be necessary for County Entrance Permits. BF TT FURTHER RISOLVT.D, that. the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developer's Agreement. Adopted in McDn ,np session of the City Council of the � ty of Shakopee, Mlnnes t'a, held this _ RS-_ __ day of ' 19 Mayor of the City of Sha pee ATTEST: _V Cit Clerk Approved as to form this a4 day of cam:: --- --' 19 8 4 . City Attorney The Authority has determined that it is necessary, in order to accomplish the purposes specified in and to carry out the Redevelopment Plan and to relieve the Authority of certain covenants made in the Series 1979 Indenture with respect to the Refunded Bonds, for the Authority to refund the Refunded Bonds. The Authority is authorized by the Redevelopment Act and by Minnesota Statutes, Sections 273.71 through 273.78, as amenaea (the "Tax Increment Act") to sell and issue its special obligation bonds payable primarily from tax incre- ment to be derived from the Redevelopment Project to finance the public development cost of the Redevelopment Project and to refund outstanding special obligation bonds. The Author- ity has determined that it is necessary and advisable to refund the Refunded Bonds and to that end has authorized the creation of an issue of its Tax Increment Revenue Refunding Bonds, Series 1984, dated October 1, 1984 (the "Bonds"), upon the terms and conditions herein specified. The Authority proposes to enter into an Indenture of Trust, dated as of October 1, 1984 (the "Indenture"), with First Trust Company of Saint Paul, Saint Paul, Minnesota (the "Trustee"), to provide, among other things, for the issuance of the Bonds in the aggregate principal amount of $3,140,000, and the Authority and Norwest Bank .Minneapolis, National Association, as Escrow Agent (the "Escrow Agent") propose to enter into an Escrow Agreement, dated as of October 1, 1984 (the "Escrow Agreement"), pursuant to which a portion of the proceeds of the Bonds together with a por- tion of the unexpended proceeds of the 1979 Bonds remaining on deposit in the Construction Fund created under the 1979 Indenture and not needed for the governmental purpose of the 1979 Bonds will be irrevocably deposited in escrow and in- vested (except for a cash deposit) in United States Treasury Notes --State and Local Government Series, the proceeds of which will be applied by the Escrow Agent solely to pay principal and interest on the Refunded Bonds as it shall become due. The Bonds issued under the Indenture will be secured by a pledge of a portion of the tax increment derived from City of Shakopee Tax Increment District No. 1, a portion of the proceeds of the Bonds and investment earnings thereon, and the principal of, premium, if any, and interest on the Bonds shall be payable solely from the revenues pledged therefor, and the Bonds shall not constitute a debt of the Authority or the City of Shakopee (the "City") within the meaning of any constitutional or statutory limitation nor shall consti- tute or give rise to a pecuniary liability of the Authority or the City or a charge against the Authority's or City's general credit or taxing powers and shall not constitute a - 2 - charge, lien or encumbrance, legal or equitable, upon any property of the Authority other than its interest in said tax increment. The Authority has previously adopted its Resolution 84- 10 on September 18, 1984 providing for issuance of its revenue bonds to refund the 1979 Bonds, and has determined that certain modifications to the terms of issuance of the Bonds are necessary and desirable and in the best interests of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMIS- SIONERS OF THE AUTHORITY, THAT: Section C. gesoiution 947-1(J of the Authority, adopted September 18, 1984, is hereby revoked and is superceded in all respects by this Resolution 84-11. Section 2. For the purpose of refunding the outstanding 1979 Bonds and discharing the 1979 Indenture, there is hereby authorized the issuance of the $3,140,000 aggregate principal amount Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, Tax Increment Revenue Refunding Bonds, Series 1984, dated as of October 1, 1984. The Bonds shall be issued in fully registered form, shall be in such denominations, shall bear interest, shall be num- bered, shall be dated, shall mature, shall be in such form and. shall have such other details and provisions as are pre- scribed by the Indenture. Section 3. The Bonds shall be special obligations of the Authority, payable solely from the Pledged Increment (as defined in the Indenture), Bond proceeds, and the investment earnings thereon, and other revenues received by the Trustee under the Indenture. As security for the payment of the principal of and interest on the Bonds, pro rata and without preference of any one Bond over any other Bond, the Board of Commissioners of the Authority hereby authorizes and directs the Chairman and Executive Director to execute the Indenture and affix the corporate seal thereon and to deliver to the Trustee the Indenture and does hereby authorize and direct the execution of the Bonds by the facsimile signatures of the Chairman and Executive Director and the affixing of the corporate seal thereon and does hereby provide that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the holders of the Bonds, the Authority and the Trustee as set forth therein. All of the provisions of the Indenture, when executed and delivered as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as - 3 - if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file in the office of the Secretary of the Authority with such necessary and appropriate variations, omissions and insertions as permitted or required or as the- Chairman, in his discretion, shall determine, and the execution thereof by the Chairman shall be conclusive evidence of such deter- mination; except that the Indenture shall be deemed to have and the final form of the Indenture shall have the following moth E icat inns : { 1 i n each ! ace i :: tt%e 141te t e he aggregate principal amount of the Bonds is referenced as "$3,200,000," the aggregate principal amount of "$3,140,000" shall be inserted; (2) on page 3-1 of the Indenture, the aq_q_req_ate principal amount of the Bonds maturing February Lz 1985 shall be $- 0 - rather than "$60,000;" and (3) the second paragraph of Section 3.05 of the Indenture shall be amended to read as follows: "Additionally, all moneys held in the Reserve Fund, and a portion of the moneys held in the Bond Fund and Construction Fund created under the 1979 Indenture for the Refunded Bonds shall be transferred to the Trustee by the Escrow Agent as directed by the Authority in an order to Escrow Agent and upon receipt by the Escrow Agent of the Escrow Deposit, for deposit into the Reserve Fund and Cost of Issuance Fund for the Bonds as directed by the Authority to the Trustee. Section 4. The Chairman and the Executive Director are hereby authorized and directed to execute, attest and de- liver the Escrow Agreement. All of the provisions of the Escrow Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Escrow Agreement shall be substantially in the form on file in the office of the Secretary of the Authority with such necessary and appropriate variations, omissions and insertions as per- mitted or required or as the Chairman, in his discretion, shall determine, and the execution thereof by the Chairman shall be conclusive evidence of such determination; except that the Escrow Agreement shall be deemed to have and the final form of the Escrow Agreement shall have the following modifications: (1) in each place in the Escrow Agreement where the aggregate principal amount of the Bonds is referenced as "$3,200,000," the aggregate principal amount of "$3,140,000" shall be inserted; and (2) the specific amounts of the deposits to the escrow account listed on page 2 shall be subject to such revision as is deemed necessary by bond counsel and shall be verified by financial accountants to comply with the restrictions of Section 103(c) of the Internal Revenue Code of 1954, as amended. Com= Section 5. The Chairman and the Executive Director are hereby authorized and directed to accept and confirm the Bond Purchase Agreement, dated October 2, 1984 (the "Bond Purchase Agreement"), from Miller & Schroeder Municipals, Inc. (the "Underwriter"), and accepted by the Authority, and the award of the Bonds to the Underwriter at the price set out in the Bond Purchase Agreement is hereby approved. All of the provisions of the Bond Purchase Agreement, when accepted and confirmed as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and de- livery thereof. The Bond Purchase Agreement shall be in the form on file in the office of the Secretary of the Authority with such necessary and appropriate variations, omissions and insertions as permitted or required or as the Chairman, in his discretion shall determine, and the execution thereof by the Chairman shall be conclusive evidence of such determination; except that the Bond Purchase Agreement shall be deemed to have and the final form of the Bond Purchase Agreement shall have the following modifications: (1) in each place the aggregate principal amount of the Bonds is referenced as "$3,240,000," the aggregate principal amount of "$3,140,000" shall be inserted; and (2) in paragraph 2 on page 4 thereof, the purchase price of the Bonds by the Underwriter shall be "$3,061,500" rather than "$3,159,000." Section 6. All covenants, stipulations, obligations and agreements of the Authority contained in this Resolution and contained in the Indenture, the Escrow Agreement and the Bond Purchase Agreement, shall be deemed to be the cove- nants, stipulations, obligations and agreements of the Authority to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agree- ments shall be binding upon the Authority. Except as other- wise provided in this. Resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Authority or the Board of Commissioners thereof by the provisions of this Resolution or the Indenture, the Escrow Agreement or the Bond Purchase Agreement, shall be exercised or performed by the Authority or by such members of the Board of Commissioners or by such officers, board, body or agency thereof as may be required by law to exercise such powers and to perform such duties. No covenant, stipula- tion, obligation or agreement herein contained or contained in the Indenture or the Escrow Agreement, shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the Board of Commissioners or any officer, agent or employee of the Authority in that person's individual capacity, and neither the Board of Commissioners of the Authority nor any officer executing the Bonds shall be lia- - 5 - ble personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 7. Except as herein otherwise expressly pro- vided, nothing in this Resolution or in -the Indenture, ex- press or implied, is intended or shall be construed to con- fer upon any person or firm or corporation other than the Authority, the holders of the Bonds issued under theprovi- sions of this Resolution and the Indenture and the Trustee any right, remedy or claim, legal or equitable, under and by reason of this Resolution or any provision hereof or of the Indenture or any provision thereof; this Resolution, the Indenture and all of their provisions being intended to be and being for the sole and exclusive benefit of the Author- ity and the holders from time to time of the Bonds issued under the provisions of this Resolution and the Indenture. Section 8. In case any one or more of the provisions of this Resolution, the Indenture, the Escrow Agreement, the Bond Purchase Agreement or any of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provi- sion of this Resolution, the Indenture, the Escrow Agree- ment, the Bond Purchase Agreement or the Bonds, but this Resolution, the Indenture, the Escrow Agreement, the Bond Purchase Agreement and the Bonds shall be construed and en- dorsed as if such illegal or invalid provision had not been contained therein. Section 9. The Bonds shall contain a recital that the Bonds are issued pursuant to the Tax Increment Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions and things required by the Constitution and the laws of. the State relating to the adoption of this Resolution, to the issuance of the Bonds and to the execu- tion of the Indenture, the Escrow Agreement, and the Bond Purchase Agreement to happen, to exist and to be performed precedent to and in the enactment of this Resolution and precedent to the issuance of the Bonds and precedent to the execution of the Indenture, the Escrow Agreement and the Bond Purchase Agreement have happened, do exist and have been performed as so required by law. Section 10. The officers of the Authority, attorneys and other agents or employees of the Authority are hereby authorized to do all acts and things required of them by or in connection with this Resolution, the Indenture, the Escrow Agreement and the Bond Purchase Agreement, for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the Inden- ture'the Escrow Agreement and the Bond Purchase Agreement and this Resolution. Section 11. The Authority hereby approves the form of the preliminary Official Statement, dated September 12, 1984, on file in the office of the Secretary, and hereby ratifies and confirms its use and distribution by the Under- writer, in connection with the sale of the Bonds and hereby approves the form of the final Official Statement, and con- sents to the distribution of the final Official Statement to prospective purchasers of the Bonds. Section 12. The Trustee is hereby appointed as Paying Agent for the Bonds pursuant to Section 702 of the Inden- ture. Section 13. The Chairman of the Authority is hereby designated and authorized to act on behalf of the Authority as the Issuer Representative (as defined in the Agree- ment). The Executive Director and Secretary of the Author- ity are hereby designated and authorized to act on behalf of the Authority as an alternate Issuer Representative. Section 14. This Resolution shall be in full force and effect from and after its passage. Adopted by the Board of Commissioners on October 2, 1984. [SEAL] ATTEST: Secretary - 7 - Chairman Commissioner moved the adoption of the fore- going resolution, the reading of which was dispensed with by unanimous consent, which motion was seconded by Commissioner and upon vote being taken thereon, the "Ayes," "Abstains" and "Nays" were as follows: AYES ABSTAINS NAYS The Chairman thereupon declared said motion carried and adopted.