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HomeMy WebLinkAbout09/18/1984 MEMO TO : Mayor and City Council FROM: John K. Anderson , City Administrator RE : Non-Agenda Informational Items DATE : September 14 , 1984 1 . We have received the second quarter report for use of our employee assistance program. In the second quarter , like the first quarter , there were no employees using the program. I did learn that they only record usage when a case is closed and we do have one case pending closure . 2 . Council had directed staff to repair a sewer service installed at improper grade for a home at 1934 East 11th Avenue . Public Works found that the elbow bend into the main was turned up causing the first ten foot section of the pipe leading from the main to have a reverse grade . It was removed and relayed with minimum fall into the main and is now working properly . 3 . Annual news releases explaining the City ' s hunting regulations Have been submitted to the Valley News and appeared in the September 12th issue , the Cable TV , and to KSMM. 4 . Attached is a notice from the Metropolitan Council regarding additional candidate landfill sites . Please notice the page that maps all eighteen sites . Since none of the sites c:r c i.n Stlakol:>cc the City is not closly following the selection process . Any Councilmembers questioning this approach should contact me . 5 . Attached is a copy of an article in the League magazine regarding sidewalks that I thought might be of interest to you . 6 . Attached is the building activity report for the month ending August 31 , 1984 . 7 . Attached are the minutes of the August 30 , 1984 Shakopee Coalition meeting . 8 . Attached are the minutes of the August 2 , 1984 Shakopee Public Utilities Commission meeting . 9 . Council asked for an accounting of the free pool usage for 1983 and 1984 to see if it was getting out of hand . We have the comparison attached which shows a slight increase . We will use George ' s recommendation for '1985 unless you feel it has gone too far . It could well be that these users wouldn ' t have used the pool without the subsidy . 10 . Attached are the minutes of the August 15 , and August 22 , 1984 Downtown Committee meeting . 11 . Attached is the Revenue and Expenditure Report as of 8/ 31/84 . 12 . Attached is the agenda for the September 19 , 1984 Ad Hoc Downtown Committee Meeting . 13 . Attached is the agenda for the September 20 , 1984 Planning Commission Meeting . 14 . Vandals broke into the Eagle Creek Thrift Shop by knocking a hole in the wall. with a hammer . Repairs have been made by the damage was approxiately $400 .00 and the vandals stoled $200 .00 . The incident has been reported to our insurance carrier . JKA/jms O,itao �0 �O� Metropolitan-Council ` 300 Metro Square Building Seventh and Robert Streets a; St. Paul, Minnesota 55101 Telephone (612) 291-6359 September 6, 1984 .�".�E P 19 eta TO: Elected Officials, Landowners and Interested Citizens The Metropolitan Council -s inclusion of two additional candidate landfill sites into Hennepin County's inventory completes the process to locate potential land disposal facilities for solid waste in the Metropolitan Area. The completed inventory contains 18 candidate disposal sites. Anoka, Dakota and Scott Counties each have three sites; whereas Carver and Hennepin Counties have four sites and Washington County one. The Council has determined that Ramsey County has no suitable locations for a disposal facility. The original legislation also called for each county to select dis- posal sites for demolition wastes but subsequent legislation elimi- nated this requirement. All proposed demolition waste sites have been eliminated from consideration. The attached figure identifies the location of the candidate disposal sites in the metropolitan area. The next step in the process is for the Council to complete its solid waste policy plan. The plan will outline a solid waste abatement pro- gram by which the region can reduce its reliance on land disposal of solid waste. An aggressive abatement program will reduce the need to select new land disposal facilities from the inventory. Sincerely, Sandra S. Gardebring Chair SSG:sje An Equal opportunity Employer Twin Cities Metropolitan Area METROPOLITAN COUNTIES' CANDIDATE SANITARY iL NDFILL SITES �----- S -- arHEL � 1 I ST.FRANCIS I 1 1 J11 LIN WODO ({ EAST BETHEL BURNS I 10AK GROvE 1 June 1984 I 1 Oa_ k Grove ----� (D) Ramse -(---- (P) ANOKA CO. COLUMBUS 1 ANDOVER I NAM LAKE I FORESTLAKE 1 NEW SCANDIA Coon Rapids °OREST LAKE AN KA n ASSaN - LINO LAKES MARINE ERS I Da y ton COON RAPIDS �G EN i[RVIILE 1 (B)': ELAINE MAY HAMO IEE LL%IMGTOMI I, CIRCLE►IMES Greenfield r-�fl.,. WASHINGTON co. (D) GRE DI . Corcoran OSS(0 It 1 pM DD N9p:SND R[YIEW 27 —----- (E)I BROOKLYN/ARK I VI`W NORTH I 22 I STILLWATER OR, E) FRI DIEYIf�, f2 OAKS WHITE[EAR L KE HENNEPIN CO. [ROOK LYM ! CCNTCR fW VA ONAIS GRANT I."RIGNTDN HEIGHTS /2{ Inde e n d e n c E STAL 013 �ARO[M 25 2 Q29 ST ATER J HILLS I [y�/�" M[W Il _ I IND[►ENOENCE %/J}A(j)M[DINA /LYMOUTX NO► 10 - 151 LITTLE 30 0 I (NADA N N MAPLE PLAIN ! ROS[YIIL[ ST.PAUL $ GOLDEN 16 RA MA►jWOOD -IOAKDAL! LAK[ BAYTOWN $ VALLEY i7 I NO Q --— WAY AT 2 IJy w[sr TDNAT[RTDwN�LONG LAK ORONO I RAMSEY I LAKELAND MINN[TRISTA T MINNETONKA ST LOUIS SAINT PAUL 1 1 LAKELAND HOLLY-000 I WATERTOWN 9 PARK �L 21 Lake Elmo MINM[A►OUf ��'T3 7 OEE►HA YEN O/KIMS S (G) IT.CROIK BEACH 7 II / + 19 WEST WOOOBURY 3 d —_ I ISTT✓✓ .NI1ACI.S J _ EDINA ST.: T' AFTON MA YEAI ,1 18 /AUL SOUTH N[ RMAMY —--— RICHFIELD AIR►ORT ST ME NOOTA NEW/ RT VICTO RI Chaska/Laketown '.12' HEIGHTS SUM,1[X PAUL CAMDEN I hACON1A LA N (C) I EDEN PRAIRIE T.PAUL Laketown Chanhassen BLOOMINGTON Al I CMASKA INYER GROVE ----- CARVER (C) (D) EAGAN HEIGHTS COTTAGE GROVE DENMARK —�------�----- �i'20 YOUNG CHASKA AMERICA DAKOTA CO. -- SXAK01[[ NORW000 I C2 CARVER -CASON BURNtVIIIE ,DUNG AMERICA I SENiGNIOGNEI Dahlgren I SAVAGE 1 Rosemount -- IiiOL I APPLE VALLEY HA INGER HAco I I (U) Louisville LAK[ (D) I HASTINGS MBURG � L 1I ...NrDCK I °' ° -N s ; Empire/Rosemount Q vERMIL L'ON I IAAVENNA � L-- --� SANC=REEK 1 SPRING L CREDIT I LAKEYILLE (�+) EMPIRE I ( I I —05—N 1 I I ■ I RIVER ! 'J I SCOTT co.Spring Lake © FARMING TOM I VERMILLION 1 S7,L41RE 4:E1 JORDAN I I I I 1 BELLE PLAIN( New Market `� ONE.1AI[R i RL=KELEY I BELLE PLAINE I "ELENA --P .KE I (E) K 1 HA ON I 1 MIESVILLEI I I I Hampton :LAS ----L _ NEywiRAGUfI I CLKO /E)-- _ --, RANDOLPH 1 MILES S 10 15 20 25 I GREENVALE (WATERFORD - . 1111T, R PVT P"'rom mfield ��`here have the. of is inls were Iw:trly Amid to ahandon tonna and others, have embarked on sidewalk omminrction policies merely projects which will provide annually a sidewalks gone? to tt lieve file competition for product c+rlain anlinult of new and reconstruct- lir many con.niunjties today the per- with home and bi.uidinr constnlction, ed sidewalks. These cities are allocat- sun who doesn't drive or whose colo- ss(ae'walk constnwtion nearly ceased. inf; a larger share of tax revenues to Immity has no tratlsit system miglit be At this point in the cru ly *50s runny niaint(n Ince and Construction, espe- � 17 1 (n�, `Wliere have the sidewalks chies chose to ahm ion ne�� side w elks cially of bider �irlewalks. t in favor of slightly wi,', .street'; "' hich (My rxurwd , In many areas are woo M,ii;y cities tIiro.1;.1lollt the sta to w"alld accomniodi mll hq pW in dc'rtng jmt how m=h of a priority 1 w e no real sidewalk system nor do III corm ill policy ekec_- sidewalks should be, and in at least rn,,my others allocate oily money for Eik'(.fy or( (d _ . to truly oil the• moiu(' cities, both lame and small, the liev, sidewalks or a nlainten:in'T .illtoII!obike Or SOilh' io rill of I)LINic cnimcil:s are lwginnini, to cominit to a ` J:.Irli. f!'ah5tt it also t`. l U1N` reason shop- 3'Chi[7h Of SSdf'Watk ci)nStn#CtiQn t0 get l days gone by most cities had pc,r began to abandon fom-ivr habits of their citizens "back on, their feet" and ill - iii hunt of every home ,ind a1h111C; do%ki'iim%I]. ilitO 11wil di)ti^;1lt(IWn:i, 3 People i'cl,,d un the city City pLiunci s Irc1.iy riJight wcfi l(x,k � C01111ci! to provide safe, dry, sidewalks sit tn;' irhportance (d sid',vw l s in the ..., Ll'i;lih to wa!k to d(,%viltov"ll, to �1`t'(.' collirltlilit) ii i?cn d `' iii!0cll;i!�(' 1. ._.__.._---•--- 3333--_..._. .__------.._ --- 1 1 (Ft)1S to l to cfl of to t1h, !lel'f �I;)i ti rly major (1owtlkm 11 1(tiv;a1k.ways repkiced the Ad cfA t Most co.rnnl I'Q ,('S which lyC a i CA10W iE1 fi VISIt N ' 'lli Nws ill ,11 uw cows mass NNF Alt" o ;, herll M (li t(m r , 4 NWP Fi i I a and theil,ition �chcn 1 l',i t�rl1 niaint unrd . �1 n. P(c(, IIs:rD .at & fttta0, Lid. Progress AWKs_( til��ftorloy at iriti�t cis,r�5� Act) ue>,��s, in tli� i le who can rc-lc} r 1���1r;- t . I 1 t into the hal.lt () 1t„�: 1( car ( �� i� '(�:. con;,tnict�;l nl,le after lilt( , A i'wass. ;!ids 1`11 >. ,,ho Illlist i t j i, Practicing In tht3 areas �;i;h'v;al1; cu Isiructiuil, wlwther kart ,nobilc , ;t as :lpl of cable television: of 11 P.; projc.cts or not appeared to I to A all so , ing icranchisfng E ,,; A i, hwhy in many cities but slowed mW N irc lu shi ( d(Iv,ntm.,n, o konej wals hen Americans de~ loped �!ra � tiu�y�ve taken the car out of tflEt Renegodation d5dr with the autnnk bile. and shed. Batu Iieview3 1 r !deli lot sizes bream(' ri'm h large" Wl;at ;Ire. lh- tr'Cndti.' None tc;aly` Ili poll war piosp;rit' thus 1nCrea staiId (Mt in the area of sidewalk con- i.g (','riot assessmeds And wi (n the struction. However, many cities, k CGnta�f. Adrian f.. t'(rhst ui cnicrete rose so high that city anwmg them Litchfield, Marshall, 0"v'a- 2.030 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 (1112)835-2.13.4 ,�y"� .-._•- •3333 "'� _�.___—___----3333-- __._._.._ �,�,�7 w f ., e i q�f' Irt, I. Iff ) NS t al ; i � �i�.y3� M fl! 1 40 v .'K"3x1 eye {4.td,i46.�i.9 aY-�� , k..�a3i'J� P hI F I N ae`1.�Pi, G INSPECTION OF ,','AIER ONNATI INTERIORS WITf t r CLOSED C;ird{ AT-f-ELEV:SUhl CFnTiFitD 6;U3LIt. u B>unc' d at Ir r d ACCOl1NTAP!TS S irost,, (:kets m (tlmC:, t c;s ��ttri til ( Cu ti nuts I 1( 1,Ull:IG_11M:��NH.J C�(( t`l�� O�( i�(,`� �o N(_E[)SA`;��i �,SMf idf l OVER 40 Y AftS OF &Ei- : 1 DIAB,a a ' E1'WCC tt GOMPUf ER G UWSH IUTy Si"UDIES - Pm Pt r cu ike an a ies gv ncy t,Pw t r,:ic(r k AUD ;(AtaVr?..U(t i SFft'viCES tr i `f" P-F�YdC'si4!'r=ICIOU)3-J43-4a27 1t R[�t4'� �� n� i% f. + � � (iAtt STUDIES BUDGERTOPEML LEWES A, cps P Ptak.',lationai t1.;ni,t3u�!Jing k _ ___•_�_ __._.___ 5 I WAgala Alva.o Susie 410 I PAVE 16 7t Ir FLLS S3.71)7 H(-JAKOT!> > 101 d,1I Minnoapoli.,,Mtl 55416 ti u r s T µtis£+ 612/515-0421 h. .., .....Wool 1984 c i t C I TY F :;IIAi:. I'I,:E Hp I LDI I G 11C'.IO `1'Y HEPUHT AUGUST, 1984 PEHMI TS ISSUED SUEll 'I'Ot,'a i I'r't vl ous Year 6398 - 6430 v"I I ur, t i OI, ilumhur Valuation Single Fam. -Suwcred 3 25 1 ,535 ,000 1 33 1 ,926 ,177 Single Mm. -Septic - 6 665 ,000 1 9 695 VO Glu! Lip to DnolIints 1 9 7963500 - 6 565 ,300 ( Mw . Uni. tS ) ( Y'i'h Units ) (4) ( 22 ) - (16 ) h el i i ng Additions 1 44 307 ,107 15 54 629 ,830 Owl, - 3 4593912 1 3 1 ,645 ,850 i_'u:-sines s U.i ~tract. 2 7 15390,875 2 5 83 ,000 Si tic - - - - - - ',,:�� 8 39 317 ,703 7 29 177 ,479 i >r: n 4 30 28 ,190 1 32 463317 :,, ' . ,l . , - 5 1.7 ,900 - 6 18 ,025 W Qi101/ 0mu"Ll!, i2 7 256155500 - 9 90 ,884 iimodel ink', i c� 7 . ) 4 26 1165292 4 16 84 ,663 1 100 000 1f,,..,odel inq (Mheir) 6 33 484,409 3 13 1163365 , ,,,XAH 1. 34 247 837343388 35 225 6 ,079 ,850 l "ST ITUT H NAk - - - - 1 1:00 ,000 34 247 8 ,734,388 35 226 6 , 179 ,850 YTO . I•i�! . I'l� . 5 - 9 1AA tional Usk, 4 8 - 5 Q,v 1 h i p • t Pic po rm i t; 29 180 23 142 IcMg , & lltt'. . Pcuml t,;, 23 1.64 13 129 iiAn i ng PopmI is Residential - 1- - - , ,t ;; i d,olling units in city anter compluMn or NiI const:r•ucf LOH pUr•mintUd 3 , 716 :ora Underwood CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN AUGUST, 1984 6365b Kraus-Anderson Racetrack $ 690 ,000 6398 Gregory Nastrom 1970 Hilldale Dr. Alt . 700 6399 Jeff Manthe 448 W. 1st Ave. Sign 1 ,000 6400 David Moonen 223 Holmes Alt . 7 ,500 6401 Howie Herrgott 1107 Austin Court House 50,000 6402 James ThielenC 406 W. 7th Ave . �" Fence 800 6403 John Miller 745 W. Shakopee Garage 4 000 6404 Michael Menke 12700 S . Fierce House 63 ,000 /It �- - c 6405 MN Renaissance- 133�/ N. Lewiset -4 5 Si�gn 6406 Clete Link 1421 E. 10th 1 Unit 25 ,500 ,zt , - /,j�f (4-plex) 6407 Clete Link 1423 E. 10th 1 Unit 25 ,500 r r /-5-1 (4-plex) 6408 Clete Link 425 E. 10th f 1 Unit 25 ,500 '1' -Z_.L�,r / ��� It,, � � i.rT (4-plex) 6409 Clete Link 1427'E. 10th 1 Unit 25 ,500 1 L eL.1Qf-. / �- � z�G, .�/�� %� (4-pl.ex) 6410 Cy Carlson 951 Apgar Addn. 3 ,000 6411 Roland Borchardt 921 E. Shakopee Alt . 500 6412 Charles Mensing 5250 Eagle Creek Blvd. Alt . 19 ,000 6413 Debra Struntebeck 303 E. 1st Alt. 500 641.4 Valley Fair Stg. Bldg. 7 ,500 6415 Howard Jones 922 Lewis Garage 4,200 6416 Moore Sign Co. 104 S . Fuller Sign 230 6417 Robert Jasper 938 Pierce Alt . 5 ,900 6418 Donald Frantz 600 Co. Rd. 83 Alt . 9 ,000 6419 John Vohnoutka American Legion Alt . 400 6420 Yorek Masonry 800 Valley Ind. Cir. Alt . 80,000 6421 Balco Building 7701 E. Hwy 101 Addn. 92 ,000 J 6422 J.B. Swedenborg 123 W. 2nd Addn. 100,000 6423 Cecil Clay 1855 Eagle Creek Blvd Stg. Bldg. 35 ,000 6424 David Schmitt 119 E. 7th Garage 4 ,500 6425 David Schmitt / 1005 Shawmut House 64,000 �Z�--fie l�:' 6426 Hillard Bachman 836 Speer. � Stg. Bldg. 131.00 6427 Kraus-Anderson Racetrack 150,000 6428 Dell Osterdyk 214 E. 4th Garage 6 ,000 6429 Sandy' s Hairstyling109 S . Lewis Alt . 3 ,500 6430 Clifford Lawrence 1087 Jefferson Garage 6 , 555 $1 ,511 ,885 SHAKOPEE COALITION August 30, 1984 Present: George Muelchow Barry Stock Gone Ska] F .y Pat Plo"mvn Jim Stree' lund Kathy Lewis John Newly Jackie Kes Meeting was caller to order at 7:07 a.m. by Chair Neely. Chair. Neely sugg .sted that the CoaliLion needs to set a direction for future action and further Sur psted work towavd devviopmv"I of N 1085 Calendar of Events for communi- ty organizati- S, George MuOnchOw sratod that Community Services would have a skeleton of informatio to begin with. Jim Strectland said that the Lions Club puts out a cnlandar of .;cats. Discussion cnsund rv: what should be included in such a calendar. More ideas A discussion is slued for than next Cualition -meeting. Jackie Kos exported Lhat this has been a busy month lor the Food Shelf . A Lally is not yet cc piled. The majority of people using this service are new to the Food Shelf although )r new in the communitv. PrPsent. cash reserver should carry the Food Shelf through vember with consurvaLive spending. Jail residents have been helping to un- lvid fo- stock shelves, etc. Barry F* ock, Coordinator of the Shakopee Area Transit System, gave an informative re- port . W 1981 , OPt-Out, legislation was passed permitting the City to use 90% of the fundi g for their own transit services. In 1982 the Shakopee Energy and Transporta- tio, Mmmission was initiated. In July, 1984, Shakopee entered info the opt-out agr iment with Mn-DOT. in 1984, Shakopee had contributed $224,259 to MTC for transit so Aces. ACLUII cost of they services provided is $36,000. Current plans include a v, , pool and an in-town Dial--A-Ride. Dial-A--Ride has two vehicles, one of which is 1 ,ndicapped equipped. Service will be available anywhere in Shakopee; no set routes . ill be used initially. Sure date is scheduled Oct 15. Cost will Be: Advauce Reppy Aduirs Seniors, Students under 18 24 hours 2-24 hours 1 . 50 1 .00 0-2 hours 2.00 1 .50 1h, van-pool has five vans; CapaLiLy for six. Drivers are volunteers who have free. an, of the van it cortnin time and will ride frog. Thorp currently are four drivers; one more plus additional reserves are nodded. There will be a varietv,of fve ,npvTew_ available (ic , monthly, weekly, etc) . An 18-month uvaluntion will he done; city may revert to MTC services U the Shakopee program doesn' t work out. For more into, contact Barry at City Hall. He is available for presentations to community groups. Coalition members are urged to call other members to remind them Of the next meeting. Non meeting is &fr,�! 131 6:30 coffee; 7:00 meeting at Citizens Wate Bank. Meeting adjourned at 8:00 a.m. Respectfully submitted, Pat Ploumen MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular meeting on August 2, 1984 at 4:30 P.M. in the Utilities meeting room. Commissioner Kirchmeier offered a prayer for divine guidance in the deliberations of the Commission. Members present: Commissioner Kirchmeier, Cook and Gorman. Also Manager Van Hout, Superintendant Leaveck. Absent: Liaison Wampach and Secretary Menden, Motion by Cook, seconded by Gorman that the minutes of the July 5, 1984 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 ABM Equipment & Supply 36.09 Apple Glass & Mirror 61.02 Bentz Construction 299.00 Border States Electric 972.00 Capesius Agency 208.00 Chanhassen Lawn & Sports 262.85 City of Shakopee 1,275.54 Julius A. Coller 35.64 Concast, Inc. 191.00 Minn Environmental Quality Board 259.11 Reed-Rite Controls 718.34 G & W Electric Co. 2,353.62 Graybar Electric 12,207.46 Harmon's Hardware 7.09 H & C Electric Supply 198.45 H. A. Holden 20.21 Kriss Premium Products 139.82 Lathrop Paint Supply Co. 16.32 Leef, Bros. 16.00 Locators and Supplies 197.47 Minnesota Municipal Utilities Association 330.00 Ted Neisen 317.00 Northern States Power 307.28 Northern States Power 1,144.29 Northern States Power 253,430.36 Shakopee Postmaster 2,500.00 North Star Waterworks 44.32 Pitney Bowes 84.00 Schilz Ornamental Iron 109.00 Scott County Sheriff 350.60 Serco 64.00 Shakopee Ok Hardware 38.13 Shakopee Public Utilities 82.43 Sirek's Hydraulic Service Inc. 337.62 Stark's Cleaning Service 25.95 Suel Business Equipment 1.24 Total Tool Supply Co. 128.05 1 Truck Utilities 53.00 Valley Industrial Propane 22.29 Lou Van Hout 58.41 Viking Industrial Center 54.00 Wesco 740.68 Westburne Supply 39.22 Motion by Cook, seconded by Gorman that the bills be allowed and ordered paid. Motion carried. Report by Manager VanHout on the Racetrack. status- of the watermain and electric service to racetrack. Report by Manager VanHout on the Howe Chemical Co, water service. They have agreed to install the backflow preventor and meter as approved by Shakopee Public Utility Comm, Commission requests a letter be written to Howe Chemical Co, to get a commitment on the completion date of the project. Superintendant Leaveck presented a report prepared by Art Young on the operation of Well #4. The well is operating correctely. Another report on the Well will be given at the September meeting. The status of the office remodeling was discussed, Motion by Gorman, seconded by Kirchmeier to award the bid to cable Index in the amount of $13,600 for 20,000 feet of wire. Motion carried. Motion by Cook, seconded by Kirchmeier to advertise for bids for the watermain extension to the East of the Minnesota Correctional 'Facility. Motion carried. Discussion was held on the South Parkview Addition water. When the revised plans are submitted the Commission will make a decision on approving the plans. Motion by Cook, seconded by Gorman to adopt resolution #279 "Adopting the Joint and Cooperative Agreement of the River Electric Association" . Motion carried. Motion by Kirchmeier, seconded by Gorman to adopt resolution #280, "Participation in the MMUA Municipal Data Systems Group", Motion carried. Motion by Cook, seconded by Kirchmeier to appoint Manager VanHout to represent Shakopee Public Utilities Commission to the MMUA Municipal Data Systems Group. Motion carried. Motion by Cook, seconded by Gorman to have Supt. Leaveck and Manager VanHout attend a truck show on August 8, 9, 1984 at Sioux Falls, SD. Motion carried. There were 5 fire calls during the month of July totalling 4:45 hrs. There were no lost time accidents for the month of July. There were no new plats for July. The next regular meeting will be held September 6, at 4:30 P.M. There will be a special meeting on September 17, 1984, at 4:30 P.M. Motion by Kirchmeier, seconded by Cook that the meeting be adjourned. Motion carried. Utili es Manager City Of Shakopee Municipal Swimming Pool COMPARISON REPORT - 1983/1984 - FREE TICKETS/LESSONS The City Of Shakopee authorized in 1983 and 1984 that financial consideration be given to potential users of the Municipal Swimming Pool based upon ability to pay. Free Season Tickets and Lessons would be given to citizens who are eligible for the school Free Lunch Program. In 1983 verification of eligibility of applicants was made by a contact with the School District Office. In 1984 it was discovered that the eligibility list of the school was confidential so the procedure had to be changed. Swimming Pool applicants that requested this special consideration were directly asked if they were eligible for the school free lunch program. It was felt that this "Honors System" procedure did work and no one took advantage of it. One recommendation for change in 1985 would be that only one free swim instruction session be allowed for each applicant. Most of the people who pay for their lessons only take one session/summer. One person each summer signed up her children for all four sessions. A. Season Tickets 1983 1984 Value —� Value 7 @ $ 28.00 $ 196.00 20 @ 32.00 640.00 Total 27 $ 836.00 Total 31 @ $ 29.00 $ 899.00 B. Lessons 1983 1984 Value Value Total 45 @ $ 10.00 $ 450.00 Total 54 @ $ 11.00 $ 594.00 PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE SHAKOPEE, VINN.ri>SOTA August 1.5, 1,984 Chrm. Laurent called the meeting to order at 7 - 30 A.M. with the followi-n(T voting members present-. Bill. Wermerskirchen Jr . , Jerry Wampach and Joe Topic,. Nor.-voting members presen _ : Lee Stoltzman. Absent: Steve Clay, Terry Link, Mike Sort-um, Dan Steil, Don Mar-tin and J,4..Pi Stillman. Also present : Jeanne Andre, Director of Community Development and John Anderson, City Adm-Lni-strator. Chrm. Laurent opened discussion on the review of the Downtown Revitalization Question/Answer Handout . After discussion the following recommendaL_ tions for amendments and additions were made: Question 1. - Add: Language explaining that a lot of the concerns and problems are interrelated and that ' s why we ' re taking the comprehensive approacT 11. So many items, intertwine that it ' s hard to solve one without discussing the others . Question 2 -- Change: Does City Council ' s approval of the "City of Shakopee Downtown Revitalization Final. Report" to: If City Council approves the Concept Plan. . . Question 3 No change . Question 4 it was recommended that a tentative time table listing the major developments be prepared as a separate attachment. ,Jerry Wampach stated that Highways 212 and 41 will be close(, t_(a W,4_1_1 Le- ei�-tciixp,d J t started on the Mini-by--pass . to ge. ion 5 & 6 & 7 - No changes . Quest. Dpic stated that the assessed improvement costs include Joe 911 vements that will eventually have to be made anyway, and impro, Paybe some people just don ' t realize this . that i Wampach stated the last two sentences were important I Jerry ng that: It is the intent of the Committee and City Co"Incil static fine -1C,hose numbers throughout the process as various elements to re: e Plan move toward completion. Parts of any major element of of thi lan can be modified to reduce cost or increase cost if unfore- the P Dpportunities arise. seen toltzman suggested. that a report be sent out every 30 days Lee S- � businesses in the downtown area to inform them on what to thi -Dmmittee is doing, to keep a link with them, the ci jD Question 8 - Add: Language stating that each project will be considered and ordered separately, and that if an assessment Improvement. is required a public hearing will be held. Questions 9 & 10 - No changes . Question 11 - Delete : It is highly likely that. . . and add to the end of the paragraph: This does not mean that individual. propert-y owners or 6eve'Lope--s may not start streetscaping earlier. Jerry Wampach suggested if a park dedication has to be made by the Housing Alliance for their project, that they should con- sider the purchase of the property next to -the Stans home and dedicate it as a park. Question 12 - Add: Be Ii to the list of communities . Question 13 - No change. Mel Lebens questioned storm sewer projects . It was the consensus of the committee that other city projects should be coordinated with the Downtown project, but this aspect had not been previously discussed by the Committee. Question 14 - Add: Homes would be assessed if they benefit from the improvements, like sidewalk and streets . Question 1-5 - No change. Mel Lebens commented that the answer to question 15 on the necessity of -the Mini-by-pass after the Shakopee By-pass is built will be answered by MnDOT. Question 16 - No change. Mel Lebens commented on the moving of the railroad tracks . it was the consensus of the committee that they would keep a door open in case a chance to move the railroad would arise . Bill Wermerskirchen added that there are several cities that have worked around railroad tracks and that thev aren ' t a complete disability. Question 17 - No change. John Anderson said he would go back in the minutes of -the ICC meeting minutes and find out who the representative was that addressed them at the meeting regarding the frequency of the trains . Question 18 No change. Jerry Wampach suggested that the committee for the new city hall site should definitely plan on a downtown site, preferably on the existing city hall block. Mel Lebens suggested the moving of the utility building to the downtown area also, because it does bring a lot of people in to pay bills . Bill Wermerskirchen Jr. left at 9 : 03 A.M. Question 19 - No change. Question 20 - Add after Anoka: downtown streetscape . . . Questions 21 & 22 - No changes . Question 23 - Will be deleted. Questions 24 , 25 & 26 - No changes . Question 27 - Add: It is not the intent to general levy the City 75% Discussion was opened regarding attendance. it was suggested that if members cannot attend a meeting, that they should call city hall . r -Phe next scheduled meeting will be Aug. 22nd at 7 : 30 A.M. Topic/Wampach moved to adjourn at 9 : 30 A.M. Motion carried. Toni Warhol Recording Secretary PROCEEDINGS OF THE DOIVTOWN AD HOC COMMITTEE SITPJWPEE, MINNESOTA August 22, 1984 Chrm. Laurent called the meeting to order at 7 : 32 A.M. with the following voting members present: Steve Clay, Dan Steil, Don Martin, Joe Topic, Jerry Wampach and Jim Stillman. Absent : Terry Link, Bill Wermerskirchen Jr. and Mike Sortum. Also present : John Anderson, City Administor, Jeanne Andre, Community Development Director, Rosemary Dineen and Larry Smith from Arvid Elness Architects and the Housing Alliance, Doris Dunlap, Mel Lebens , Crystal Ahlman, a Realtor and Gary McInerney of Nicki international, Inc. Stillman/Topic moved to approve the minutes of July 26 , 1984 and August 1, 1984 as presented. Motion carried. Clay/Stillman moved to accept the City of Shakopee ' s Downtown Revitalization Final Report, with addendum 01 . Motion carried. Stillman/Topic moved to accept the Question and Answer format as written. Motion carried. Larry Smith and Rosemary Dineen made a presentation on a concept plan for a Marina and Resort Development to be located just east of the downtown area. Their main focus would be a River Inn to bring tourists into Shakopee, including: meeting rooms, a marina , stable (with winter boat storage available when not in use as stables ) , three condominium buildings with 20-24 units each, a trolley, excursion boat, rodeo and bridal path. They feel that if they can get the support of the City and the community, developers will be more willing to come in and invest in this project. Crystal Ahlman informed the committee of the land which is available for this project. Discussion followed with the consensus of the committee showing strong support of this project. They felt it was a great location, close enough to the downtown area to help bring support to the area, with the activities and theme of the project fitting in with the downtown plans . Martin/Topic moved to strongly support the Shakopee Marina and Resort Development. Motion carried. 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N ro .•N "1 A O� O� ^• J G 17 V vJ W `O N V ]q 2 W VI Vg o W VI n 2 r o u In c o a` o O o yr a> r it .+ o � z c � ro c x m b .ZI N b � n r'7 t`1 O '9 n � -°1 H N ae b a o 0 a O a O• ' N N ;a C coCO 00 i O O O H O O ' E O O Caj p 1 ib Im N A m a O. 00 00 O n W W I of N (A 7 co nd • • a i o O d O O N Ol O W 4 W b t t ib ao 1 W N O ® r+1 co nl v v t r• N -. A -4 00 m W v %.R )W O N N Q V W Z W W 00 A A 00 O O Oo N 0� ro a 0 o u n W b N P r m N �O ao "• 'd Ol n A A n -• N TENTATIVE AGENDA Downtown Ad Hoc Committee City Hall Council Chambers September 19, 1984 7:30 A.M. Chrmn. Laurent presiding 1. Call to Order at 7:30 A.M. 2. Approval of Minutes of August 15th and 22nd, 1984. 3. Review of Council Action on Downtown Plan 4. Review of Council comments on River Inn Proposal 5. Information on Resolution 2300 6. Information on Bloomington Ferry Bridge (CR 18)from Scott County Engineer 7. Westwood Consulting Fees 8. Future Meetings and Plan of Action 9. New Members for Downtown Committee 10. Other Business 11. Adjourn Jeanne Andre Community Development Director CITY OF SHAKOPEE T 3 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, Minnesota September 20, 1984 Chairman Perusich Presiding: 1. Roll Call at 7:30 P.M. 2. 7:30 P.M. PUBLIC HEARING: To consider an amendment to the City Code, Section 11.21 and 11.30, to redefine the description of the B-2 District and it's location on the zoning map. Action: Recommendation to City Council 3._ Discussion: Reconsideration of recommendation on rezoning of Action: property on the east and west side of CR 17, south of 4th Ave. and north of CR 16. Recommendation to City Council 4. 8.00 P.M. Continuation of Public Hearing; Request for approval of preliminary plat and final plat of Century Plaza Square 2nd Addn. lying E. and W. of CR 17, So. of 4th Ave. and N. of CR 16, legal description on file. Applicant: Cletus J. Link, 12831 Link Dr., Shakopee Action: Recommendation to City Council 5. 8:15 P.M. to of Public Hearing: Request for Conditional Use Permit to install a self service fuel station at the proposed Tom Thumb Store located at CR 17 & 16. Legal description on file. Developer: Pump and Meter, 1800 - 2nd St. S., Hopkins 55343 Action: Conditional Use Permit No. 372 6. 8.30 P.M. Continuation of Public Hearing: Request for rezoning at 87,600 sq. ft. parcel lying in the SE corner of the inter- section of CR 17 and 16, legal description on file. _Applicant: ilarma-n naylisan, 3'y. & ar_c?oks Superette 414'j E. First hve., Shakopee Action: Recommendation to City Council 7. 8:45 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 iise. ApVlicantk Carl Lindstrand, 9607 Oakland Ave. S., Bloomington Act bflt ReCotfflondation to City Council 8. Discussion: Resignation of P.C. Chairman Action: Appointment of vice chairman to chair 9. Other Business 10. Adjournment Judi Simac City Planner CITY OF SHAKOPEE { EP 14 1984 CITY OF , .,KOPEE �'IN cvyl,tiy Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291-6359 September 12, 1984 TO: Scott County Legislators, Local Elected Officials and Staff RE: Report on Chair's Regional Meetings We were pleased that so many of you took the time to participate in the Metropolitan Council's recent regional breakfast meeting in Scott County. Your involvement is very important in our efforts to reestablish lines of communication between the Council and its major constituencies. The nine regional meetings provided an excellent opportunity to listen to local concerns, and to share ideas and solutions on how best to approach regional problems. A number of the issues we discussed have been included in the six metropolitan initiatives the Council has decided to address as priorities. The regional meetings reinforced my belief that we can work together to accomplish some very important common goals. A summary of the issues raised at the meetings is attached. Sincerely, Sandra S. Gardebring Chair Ste: ma An Equal Opportunity Employer A SUMMARY OF STATEMENTS MADE AT THE METROPOLITAN COUNCIL CHAIR'S 1984 REGIONAL MEETINGS WITH LOCAL OFFICIALS ANOKA COUNTY o Both the public and the Metropolitan Council are frustrated with current solid waste siting process. o Emphasis should be placed on abatement rather than incineration. o Public needs to be educated about abatement; especially the true cost of landfills. CARVER COUNTY o Local businesses could be involved in abatement programs. - Thomas Hamilton, mayor of Chaska o Alternative sources of funding for solid waste solutions must be found. For example, a regional excise tax could be levied; general revenues should not be used. - K. J. McDonald, state representative, District 35B o Legislative assistance could help fund a heavy-metal extraction plant. - Earl Renneke, state senator, District 35 o Carver County farmers would welcome sludge from wastewater treatment plants if the heavy metal were removed. The Metropolitan Council should spend more money in this area instead of incineration. - Harold Trende, Joe Neaton, Carver County commissioners c Recycled sludge is valuable; have used it on a dairy farm. - rater Yieintsma, 'f�etropd' 'tan 'Was'te Loritrol Commission chair o Funds are needed to operate, rather than develop, county and regional parks. - Harold Trende, Carver County commissioner o The Metropolitan Waste Control Commission will hold regular regional meetings. - Peter Meintsma, Metropolitan Waste Control Commission chair DAKOTA COUNTY o It's very important to have local representation on various Metropolitan Council advisory committees. o Planning and coordinating, rather than operating, should be the Council's main objective. One good example is the 911 system. o The Metropolitan Council should have better oversight of Metropolitan commissions. 1 o The Metropolitan Council is "the best generator of paper," but it needs to find better, more effective ways of communicating. o The Metropolitan Council should continue to emphasize open space when it comes to parks. HENNEPIN COUNTY o We need help with combined sewer overflow problem. o Better coordination between the Metropolitan Council and other regional agencies is needed. o Maple Grove is concerned about high wage settlements at the Metropolitan Waste Control Commission. RAMSEY COUNTY o Emphasis should be placed on the refuse -derived fuel (RDF) option at $20 million, as opposed to mass burn at $100 million. o The Mayor's Task Force is currently addressing a phase-out of lake overflow charges for St. Paul and eight suburban communities and establishing an equitable cost for purchasing the Old Middle Belt Line interceptor. o 1 11 The Metropolitan Council should investigate the groundwater problem and maintain water quality in the region -- most communities use the same water supply. - Gregory Harcus, mayor of New Brighton o Additional funding needed to tighten security in operating regional parks. - Hal Norgard, Ramsey County commissioner o Operation, maintenance and security costs of regional parks are absorbed by local units of government, yet everyone uses the parks. - Henry Sinda, New Brighton city manager o A one -percent property sales tax could be levied to support transit. - Ed Bayuk, former MTC commissioner o Latimer tax study should be monitored. Inequities among various levels of government should be included in the study. SCOTT COUNTY o The Metropolitan Council is staff dominated and the staff is not responsive to the suggestions and concerns of local officials. o Transportation is still a real problem and the racetrack will have a lot of impact. We need a representative on the Regional Transit Board. o The Shakopee Sioux community has some real needs in the areas of housing, sewers, etc. --we want to work together to solve some of our problems. - Norman Crooks, chairman, Mdewakanton Sioux Community PA WASHINGTON COUNTY o Growth, solid waste and other regional issues are also of concern to counties outside the seven -county Metropolitan Area. They need to be included in future planning. - Sally Evert, Washington County Board of Commissioners chair o When regional issues become critical, we often lose sight of local control and individuals rights. - Chuck Hoffman, state representative, District 55B o A water commission could be set up to deal with surface water management. - Bill Diessner, state senator, District 56 CITY OF MINNEAPOLIS o Development of riverfront project should continue. o People living outside of Minneapolis should help pay operation and maintenance costs of parks because they use parks more than Minneapolis residents. o Low-income persons are not being fully considered in the park planning process. They do not have the opportunity to visit outlying regional parks. o Need to deal with intercity rivalry, such as that which exists between Minneapolis and Bloomington. A stronger metropolitan planning role would be required to solve this problem. - Don Fraser, mayor of Minneapolis o The Metropolitan Council should look at structural unemployment as a regional problem. Businesses should help solve the problem by offering better job training, health care and housing. - Tony Scallon, Minneapolis alderman, 9th Ward o Hennepin County is concerned about the perception that they are not doing anything about the solid waste issue. o Would like to find out more about the use of abatement funds authorized by 1984 legislative session. o The Metropolitan Council needs county support on reaching a solution to the solid waste problem. - Arthur Lee, Associate County administrator, Bureau of Public Service CITY OF ST. PAUL o Concerned about operating budgets of metropolitan commissions. o The Metropolitan Council needs to communicate more with local units of government. 3 o Long-range regional planning should be done instead of concentrating on 5-10 year brush fires. - Patricia Conley, administrative aide, Mayor Latimer"s Office o Want information on how other countries deal with the problem of solid waste. - Joanne Englund, program coordinator, St. Paul Public Works o Four years ago, there was no interest in combined sewer overflow because it was too difficult to finance and was not seen as a problem. Today it is a problem and help is needed to find a solution. - Joanne Englund, program coordinator, St. Paul Public Works o Is the Metropolitan Council looking at effects of farm runoff? - Joanne Englund, program coordinator, St. Paul Public Works o Ramsey County has a new policy of maintaining and renovating, rather than rebuilding its roads. - Ruby Hunt, Ramsey County commissioner o Difficult to get funds for road maintenance because state and federal governments favor new construction. - Joanne Englund, program coordinator, St. Paul Public Works o The Metropolitan Council should take this issue of renovation vs. new construction to state and federal levels. - Patricia Conley, administrative aide, Mayor Latimer"s Office The following are some of the comments made by Metropolitan Council, Chair Sandra Gardebring. o Alternatives to landfills must be found. o Abatement, composting and recycling should be used as alternatives to landfills. o Public must be willing to pay for expensive alternatives. o The Metropolitan Council should be consistent in dealing with sludge ash siting and agricultural preserves. o The Metropolitan Council will continue to seek help from private and public partnerships to deal with regional problems. o The Metropolitan Council needs to be realistic about what it can accomplish in the area of solid waste. o The Metropolitan Council can play a positive, catalytic role in helping to resolve the combined sewer overflow problem. The governor has asked the Metropolitan Council and the Metropolitan Waste Control Commission to establish a plan by 1990. o Water quality is a legitimate issue -- the question must be asked, "Is spending a lot of money separating the sewers going to improve water quality enough to justify the cost?" 4 o The new Regional Transit Board (RTB) has a heavy workload to be completed by the end of the year. The Council will help to get it up and running. o The Council will continue to communicate with its constituents, that is, local units of government and the legislature. o In twenty years, human service issues such as aging will be critical, while physical issues such as solid waste will, for the most part, be taken care of. Metropolitan Council of the Twin Cities Area 300 Metro Square Building, 7th and Robert Streets St. Paul, Minnesota 55101 Tel. 612 291-6359 Publication No. 07-84-138 5 ADJ.REG.SESSION Mayor Reinke presiding TENTATIVE AGENDA SHAKOPEE, MINNESOTA 1i r1-(-(321 Vd11 ctu -1--:Vu r.1)u. 2] Recess for H.R.A. Meeting 31 Reconvene 41 Liaison Reports from Councilmembers SEPTEMBER 18, 1984 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 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 Council -member 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 August 28th, September 4th, and Sept. 5, 1984 81 Communications: a] Metro Waste Control Comm. re: Proposed Septage Mgmt. Program b] Joseph Perusich re: resignation from Planning Commission c]- Scott -Carver Economic Council re: request for use of city property 9] Public Hearings: None 101 Boards and Commissions: a] Amendments to Performance Standards b] Cul-de-sac Amendment Downtown Committee f c ] River Inn - 4,wyV)� 1 1 ] Reports from Staff: a] Verbal presentation by Lieutenant Hamilton proposing City take over displaying American flags on 'nolidays t b] Prahm-Coll lst Addition Drainage Facilities + c] Request for Vacation of Utility and Roadway Easement - Res.2301 +d] Acquisition of City Property in Block 29, OSP t e] Double Permit Fee Policy t f] Roof Top Unit for Police Station --fig] Computer Tape Back -Up -�h] Replacement Carpeting for Police Department -,ri] Identification Card Processing Equipment for Police Department +j] Bills in the amount of $473,935.72 .}-k] Award Bid for Construction of Shenandoah Drive 1984-4 - Res. 2303 +1] Award Bid for Widening of CR83 from Valley Industrial Blvd. No. to a point 3,547 feet South t m] Award Bid for Intersection Improvements Along Hwy 101 at Shenandoah Drive, CR83, Valley Park Drive & CR18 .�-n] DNR Request Regarding Wildlife Management Area Adjacent to Riverside Park f -o] Agreement Between the City and Mn. Racetrack, Inc. Regarding Construction of Roadway Improvements by July 1., 1986 gyp] Joint Powers Agreement Between Shakopee and Chaska for Sewer Televising and Sewer Jetting Equipment q] "On Sale" Intoxicating Liquor Licenses - Limited Number r] R. Hanover Inc. dba/Richard's Pub s] Construction of Taylor St. South of 12th Avenue 121 Other Business: a] Valleyfair/Dogs/Speeding Vehicles b] 6 Year Capital Improvement Program - bring_ copy c] 1985 Proposed Budget - bring copy +dam] Aba t�emen�Sp�c' asessments - memo on table 1 131 Adjourn to Tues ay, September 5, 1984 at 7:00 P.M. i-$1z0b John K. Anderson, City Administrator TENTATIVE AGENDA Housing Authority in and for the City of Shakopee, Minnesota City Hall Council Chambers Adjourned Special Session September 18, 1984 Chairman Colligan presiding 1. Roll Call at 7:00 P.M. 2. Approval of the Minutes of August 28, 1984 and September 4, 1984. 3. Adopt Resolution No. 84-9, A Resolution Approving the Incorporation and Redesignation of the K -Mart Tax Increment District of Former Valley Industrial Park Redevelopment Project No. 1 as Tax Increment District No. 1 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. 4. Adopt 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 documents. 5. Acquisition of Northwestern Bell Property in Block 29. 6. Other Business 7. Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADJ. REG. SESSION SHAKOPEE, MINNESOTA AUGUST 28, 1984 Chrm. Colligan called the meeting to order at 7:12 p.m. with Comm. Lebens, Leroux and Wampach present. Comm. Vierling was absent. Also present were John K.Anderson, City Admr.; Judith S. Cox, City Clerk; Jeanne Andre, HRA Director; H. R. Spurrier, City Engineer; Julius A. Coller, II, City Attor- ney and Mayor Reinke. Leroux/Wampach moved to adjourn the meeting to September 4, 1984 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 7:13 p.m. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHOUTY ADJ. SPECIAL SESSION SHAKOPEE, MINNESOTA SEPTEMBER 4, 1984 Chrm. Colligan called the meeting to order at 7:03 p.m. with Comm. Leroux, Lebens, Wampach and Vierling present. Also present were Jeanne Andre, HRA Director; Judith S. Cox, City Clerk; John K. Anderson, City Admr.; Rod Krass, Ass't City Attorney and H. R. Spurrier, City Engineer and Mayor Reinke. Leroux/Lebens moved to approve the minutes of August 21, 1984 as kept. Motion carried unanimously. Vierling/Leroux moved to remove from the table the issue of the commercial rehabilitation loan write-down. Motion carried unanimously. Leroux/Wampach moved to deny the request of Family Chow Mein to apply for an interest write-down for their rehabilitation loan after the work has been completed, and direct staff to inform Mr. and Mrs. Poon of this action, based on counsel's opinion. Motion carried unanimously. Mr. Jim Casserly of Miller & Schroeder, stated he had earlier hoped to have a bond purchase agreement ready for tonight, but after discussions with staff and other counsel, decided there wasn't that much hurry, and it would be ready September 18, 1984, and that delay wouldn't impair the timing of any- thing. Mr. Bob PuI scher, of Springsted, explained his recommendations to the City regarding the sizing of the GO Bonds for the construction of the off --site improvements for the Racetrack. He is recommending a bond of $2,490,000, even though there is a maximum of $3,380,000 which could be used. The dif- ference between those amounts is the money which could be used for the other projects that have been considered in the district, including downtown. The main reason for the recommendation is the past history of the revenues to fluctuate. There is also uncertainty about the final commitment to the Racetrack. There is also no definitive schedule for the downtown improvements that would be impaired by waiting for funding. He stated the $2,490,000 issue will still permit a substantial culmulative and annual surpl.u.s. The additional capacity is still there for bonds in the future. The Ass't City Attorney said the Racing Commission and other cities which wanted the Racetrack will be watching Shakopee's actions closely, and he feels it would be an inopportune action for the City to sell more bonds than are needed at this time, and banking the money. The potential for a fluctu- ating mill rate is also a factor, as is the uncertain value of the Racetrack. If the City wants to use the additional bonding capacity in the future, it might be wise to wait until the additional capacity is defined. Mr. Pulscher stated that the assessed valuation of the Racetrack shouldn't have a depressing impact on the mill rate, because of fiscal disparities and other factors. Mr. Pulscher stated these programs were put together with the basic assump- tions as follows: 1) The revenue refunding bond will have a first lien on Shakopee HRA September 4, 1984 C Page 2 the revenue of Kmart, but that no other revenue bonds issued now or in the future will have a first lien on Kmart; 2) All legal and planning documents have been done to mergethis district with all other districts so there is a commonality of this district; and 3) This project will continue to be exempt from the fiscal disparities pool, and not considered a new money issue being spent on improvements outside of the district. He strongly suggests a legal opinion confirming this last point. Mr. Pulscher added that because of the setting of another bond sale on Oct. 9, 1984, he would now recommend Shakopee moving its bid taking to October 8 or October 2 to minimize the impact of the other sale. The Ass't City Attorney stated he would follow up on the legal opinion re- garding the fiscal disparities law. issue, 'but it the City wants to attempt an increase in the rating, that would bame t Q 1.P�T :@ nQZ�jS:'{� i �� t� , T4-Lf.}iaufi '�iil(�ii6 ciiivia 2aiau 2a Y2iS viscii ivii Fck`'uN visit to Moody's in New York of the Mayor, City Admr. and Ass't City Attorney. The City Admr, suggested another option of waiting until the second bond issue to attempt to upgrade the City's rating, because of the short time available now, in the midst of the budget cycle. Mr. Pulscher estimated an.A-1 rating on the $2,490,000 issue would be an improvement of total interest cost of $90,000 to $100,000 over the 14 years. Discussion followed. Consensus was to set the bond issue at $2,490,000 and set the bid taking for October 2, 1984. Leroux/Wampach offered Resolution No. 84-8, A Resolution Requesting the City -of Shakopee, Minnesota, to Issue its General Obligation Tax Increment Bonds to Finance Certain Public. Improvements, and moved its adoption. Roll Call: Ayes; Colligan, Reinke, Leroux, Wampach, Vierling Noes; Lebens Motion carried. Comm. Lebens requested staff to further clarify redevelopment projects in the agenda, so members can be sure which project is being discussed. The Ass't City Attorney explained, for the benefit of the audience, the role of the HRA and its relationship to City Council. Leroux/Vierling moved to adjourn to September 1.8, 1984. Motion carried unanimously. Meeting adjourned at 7:53 p.m. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary 43 Commissioner introduced the following resolution and moved its adoption: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE COUNTY OF SCOTT STATE OF MINNESOTA RESOLUTION NO. 84-9 A RESOLUTION APPROVING THE INCORPORATION AND RE- DESIGNATION BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE OF THE K - MART TAX INCREMENT DISTRICT OF FORMER VALLEY INDUS- TRIAL PARK REDEVELOPMENT PROJECT NO. 1 AS TAX INCREMENT DISTRICT NO. 1 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. BE IT RESOLVED by the Commissioners (the "Commis- sioners") of the Housing and Redevelopment Authority (the "Authority") in and for the City of Shakopee, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The City Council (the "Council"), upon the request of the Authority, approved the Redevelopment Plan for Valley Industrial Park Redevelopment Project No. 1 on January 2, 1979. The Redevelopment Plan for Valley Indus- trial Park Redevelopment Project No. 1 was modified by the Authority by expansion of the geographic area and approved, as modified, by the Council on July 17, 1979, all pursuant to and in accordance with Minnesota Statutes, Sections 462.411 to 462.716, inclusive, as amended 1.02. The Authority acknowledges that, prior to the enactment of the Tax Increment Financing Act of 1979, the geographic boundaries of Valley Industrial Park Redevelop- ment Project No. 1 and the Tax Increment District commonly referred to as the K -Mart Tax Increment District (the "K - Mart Tax Increment District") were coterminous and that the parcels within the Project area were certified to the County Auditor as a tax increment district. 1.03. The Redevelopment Plan for Valley Industrial Park Redevelopment Project No. 1 was further modified by enlarge- ment, by increased project costs and by redesignation of the project area as Minnesota River Valley Housing and Redevelopment Project No. 1 ("Redevelopment Project No. 1") and approved, as modified, by the Council on February 28, 1984. The K -Mart Tax Increment District was not enlarged by the enlargement and redesignation of the project area. 1.04. The Redevelopment Plan for Redevelopment`Project No. 1 was further modified by the Authority by increased project costs, by incorporation of former Tax Increment District No. lA of Downtown Redevelopment Project No. 1 as Tax Increment District No. 3 within Redevelopment Project No. 1 and the establishment of Tax Increment District No. 5 within Redevelopment Project No. 1 and the adoption of a Tax Increment Financing Plan relating thereto, and approved, as modified, by the Council on August 7, 1984, all pursuant to and accordance with Minnesota Statutes, Sections 462.411 to 462.716, inclusive, as amended, as well as Sections 273.71 to 273.78, inclusive, as amended. 1.05. The Authority proposes that the geographic area of former Valley Industrial Park Redevelopment Project No. 1, as modified by the Council on July 17, 1979, and described in the Redevelopment Plan as of that date, and certified to the County Auditor as the K -Mart Tax Increment District, be incorporated into Redevelopment Project No. 1 as a tax increment district and redesignated as Tax Incre- ment District No. 1 of Redevelopment Project No. 1. The Authority further proposes that the Redevelopment Plan for former Valley Industrial Park Redevelopment Project No. 1 as modified on July 17, 1979 serve as the plan for Tax Incre- ment District No. 1. Section 2. by Redesignatio former Valley In Tax Increment Di Modification of n of the _K -Mart ustrial Park Redevelopment Redevelopment Pro Tax Increment D� strict No. 1 of Redevelo. Projec nt Pro! ect No. 1 strict of : No. 1 as !ct No. 1. 2.01. The Authority, having caused to be prepared and investigated the facts with respect thereto, hereby modifies Redevelopment Project No. 1 by the redesignation of the K - Mart Tax Increment District of former Valley Industrial Park No. 1 as Tax Increment District No. 1 of Redevelopment Project No. 1 and adopts the Redevelopment Plan for former Valley Industrial Park Redevelopment Project No. 1 as approved on July 17, 1979, as the plan for Tax Increment District No. 1. - 2 - Section 3. Filing of Modified Redevelopment Plan and Plan for Tax Increment District No. 1 with Clerk in Depart- ment of Enerqv and Economic Development. The Modified Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for the Tax Increment Districts within Redevelopment Project No. 1 shall be filed with the Clerk's office and the Minnesota Energy and Economic Development Authority. 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, and was signed by the Chairman and attested to by the Executive Director. Dated: August 21, 1984. Attest: Executive Director Approved as to form this day, of , 1984. City Attorney - 3 - Chairman 4y TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: Resolution 84-10, Regarding Refunding of Existing K -Mart Revenue Bonds DATE: September 13, 1984 Introduction: The documents providing for the refunding of the existing K -Mart revenue bonds are now ready for approval by the HRA. Background: Final arrangements have now been made for the refinancing of the K -Mart revenue bonds, paving the way for an additional general obligation sale to finance the off-site roadway improve- ments for the racetrack. Enclosed is Resolution 84-10 which approves the sale. The resolution refers to a number of docu- ments, including the Bond Purchase Agreement, Escrow Agreement, and Indenture of Trust, which are on file at the HRA office. These documents are lengthy and have not been duplicated for each Commissioner. They are avaiable for review at the City Hall if any Commission so desires. Assistant City Attorney Road Krass is reviewing all the documents on behalf of the HRA. Jim Casserly will be at the meeting to explain the details of the sale and answer any questions. Requested Action: Adopt Resolution 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 documents. BOARD OF COMMISSIONERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA 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 AUTHO- RIZING THE EXECUTION OF NECESSARY DOCUMENTS 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 "hou-sing 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 pur>hase certain land and make certain improvements within the Redevelopment Project. 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 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 pau'l, �4i��esota (the "Trustee"), to provide, among other things, for the issuance of the Bonds in the aggregate principal amount of $3,650,000, and the Authority and First Trust Company of Saint Paul, 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 will be irrevocably deposited in escrow and invested (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- theo- _ City_ �r -���h ,Q?»�Q��i nsai-� h � �y + ��r i +-t, I_ - _s; 4_• -� - - - -- L credit or taxing powers and shall not constitute a genera: lien or encumbrance, legal or equitable, upon any %y charge of the Authority other than its interest in said properl :rement. tax in( THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMIS- NO` OF THE AUTHORITY, THAT: SIONER; - 2 - Section 1. For the purpose of refunding the outstanding 1979 Bonds and discharing the 1979 Indenture, there is hereby authorized the issuance of the $3,650,000 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 2. 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 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. Section 3. 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 - 3 - 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. Section 4. The Chairman and the Executive Director are hereby authorized and directed to accept and confirm the Bond Purchase Agreement, dated September 18, 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 Author- ity. Section 5. 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 liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. - 4 - Section 6. 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 a.nA hem^,7 fat the- Z^ale asA vii Unix Mathi:'i-- ity and the holders from time to time of the Bonds issued under the provisions of this Resolution and the Indenture. Section 7. 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 8. 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 9. The officers of the Authority, attorneys and other agents or employees of the Authority are hereby autho- rized 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, cove- nants and agreements contained in the Bonds, the Indenture, the Escrow Agreement and the Bond Purchase Agreement and this Resolution. - 5 - Section 10. 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 Underwriter, in connection with the sale of the Bonds and hereby approves the form of the final Official Statement, and consents to the distribution of the final Official Statement to prospective purchasers of the Bonds. Section 11. The Trustee is hereby appointed as Paying Agent for the Bonds pursuant to Section 702 of the Inden- ture. Section 12. 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 13. This Resolution shall be in full force and effect from and after its passage. Adopted by the Board of Commissioners on September 18, 1984. [SEAL] ATTEST: Secretary 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. PRELIMINARY OFFICIAL STATEMENT DATED SEPTEMBER 13, 1984 NEW ISSUE 3 �, a c In the opinion of O'Connor & Hannan, Minneapolis, Minnesota, bond counsel, under existing statutes, court decisions, and rulings, interest on the Bonds is exempt from federal income taxes, and d ,��, !C- under present Minnesota laws interest on the Bonds is not includable in gross income for State of y Minnesota income tax purposes, except Minnesota corporate and bank excise taxes measured by s income. o 0 39650,000* V C -4 ON THE HOUSING THE C TY OF SHAKOPEEREDEVELOPMENT MINNESOTA `°oma IN AND ° Tax Increment Revenue Refunding Bonds oma° o , Series 1984 8 0 Dated: October 1, 1984 Due: As Shown Below o° The Bonds are not general obligations, and will not constitute a charge against the general credit or taxing power, of the Authority, nor do they constitute a debt of the City of Shakopee, the State of 'o n Minnesota or any of its political subdivisions, but are special obligations of the Authority payable solely s c from and secured by the pledge of Tax Increment to be derived from the Property and Improvements ` (as defined herein), a portion of the proceeds of the Bonds, and investment income. MATURITY SCHEDULE* y y Due Principal DPrincipal Interest Interest s o o Due .+ February 1 Amount Rate ,. c February 1 Amount Rate o 1985 $510,000 % 1992 $225,000 % 1986 $135,000 % 1993 $245,000 % °u d .0 1994 $270,000 % 1987 $145,000 % 1988 $155,000 % 1995 $300,000 % c a 1989 $170,000 % 1996 $330,000 % o u 1990 $190,000 % 1997 $365,000 % v 1991 $205,000 % 1998 $405,000 % u (Plus Accrued Interest From October 1, 1984) y 3 (Price: 100%) CCO� C O a u o The Bonds are subject to redemption prior to maturity as described herein under "THE BONDS E t 'g — Redemption. The Bonds are being offered, when, as and if issued by the Authority, and accepted by Miller & C Schroeder Municipals, Inc., as Underwriter, subject to an opinion as to validity and tax exemption of .�O'Connor & Hannan, bond counsel, an opinion as to the availability of certain tax increment revenues p a E ° hartered, as special counsel, and certain other conditions. Certain legal matters by Holmes &Graven, C will be passed upon for the Underwriter by Holmes & Graven, Chartered. It is expected that delivery of Q%.= ";the Bonds will be made on or about October 9, 1984, in Minneapolis, Minnesota, against payment E0'u therefor. Subject to prevailing market conditions, the Underwriter may, but is not obligated to, effect 'd Q -C secondary market transactions. Although the Underwriter intends to engage in secondary market transactions, there can be no assurance that a secondary market will develop. For information with F c y respect to the Underwriter, see "UNDERWRITING" herein. Miller & Schroeder Municipals, Inc. 2400 Northwestern Financial Center • 7900 Xerxes Ave. S. • Minneapolis, Mn. 55431 (612) 831-1500 The date of this Official Statement is , 1984 *Subject to change No person has been authorized to give any information or to make any representations other than those contained in this Official Statement in connection with the offers made hereby, and if given or made, such information or representations must not be relied upon as having been authorized by the Authority or the Underwriter. Neither the delivery of this Official Statement nor any sale hereunder shall under any circum- stances create any implication that there has been no change in the affairs of the Authority since the date hereof. This Official Statement does not constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is not authorized, or in which the person making such offer or solicitation is not qualified to do so, or to any person to whom it is unlawful to make such offer or solicitation. The information set forth herein has been obtained from the Authority and other sources which are believed to be reliable, but is not guaranteed as to accuracy or completeness by, and is not to be construed as a representation by, the Underwriter. CONTENTS OF OFFICIAL STATEMENT Page INTRODUCTORY STATEMENT ................................... 3 SOURCE AND APPLICATION OF FUNDS ............................. 4 THEBONDS ................................................ 5 SECURITY FOR THE BONDS ..................................... 6 TAX INCREMENT PROJECTIONS ................................. 7 BONDHOLDER'S RISKS ........................................ 10 K -MART CORPORATION ....................................... 11 THE PROJECT .............................................. 11 THE AUTHORITY ............................................ 13 THECITY ................................................. 14 THEINDENTURE ............................................ 15 ENFORCEABILITY OF REMEDIES ................................. 19 LEGAL MATTERS ............................................ 20 TAX EXEMPTION ............................................ 20 UNDERWRITING ............................................ 20 MISCELLANEOUS ............................................ 20 APPENDIX A — BOND COUNSEL OPINION ........................... A-1 THESE SECURITIES HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION BY REASON OF THE PROVISIONS OF SECTION 3(aX2) OF THE SECURITIES ACT OF 1933, AS AMENDED. THE REGISTRATION OR QUALIFICATION OF THESE SF1Cis �.Tii-.`i.I3 R T'i'iESY£�i,RI"fiESt)RBL �ES'K 'LAW OF THE JURISDICTIONS IN WHICH THEY HAVE BEEN REGISTERED OR QUALIFIED, IF ANY, AND THE EXEMPTION FROM REGIS- TRATION OR QUALIFICATION IN OTHER JURISDICTIONS SHALL NOT BE REGARDED AS A RECOMMENDATION THEREOF. NEITHER THESE JURISDICTIONS NOR ANY OF THEIR AGEN- CIES HAVE PASSED UPON THE MERITS OF THESE SECURITIES OR THE ACCURACY OR COM- PLETENESS OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. OFFICIAL STATEMENT $3,650,000* THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA TAX INCREMENT REVENUE REFUNDING BONDS SERIES 1984 INTRODUCTORY STATEMENT This Official Statement is furnished in connection with the offering of $3,650,000* aggregate principal amount of Tax Increment Revenue Refunding Bonds, Series 1984 (the "Bonds") of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "Authority"). This Official Statement may not be reproduced or used, in whole or in part, for any other purpose. The Introductory Statement of this Official Statement should be regarded as a brief overview and, there- fore, this Official Statement should be read in its entirety. Where agreements, reports, or other documents are referred to herein, reference should be made to such agreement, reports, or other documents for more complete information regarding the rights and obligations of parties thereto, facts and opinions contained therein, and the subject matter thereof. No statement contained in this Official Statement should be considered less important than any other by reason of its position herein. Certain terms spelled with initial capital letters are defined herein. The Bonds are being issued in accordance with the provisions of Minnesota Statutes, Sec- tions 462.411 et seq. (the "Redevelopment Act") and Minnesota Statutes, Sections 273.71-273.78 (the "Tax Increment Act") and pursuant to the Indenture of Trust executed by the Authority and the Trustee (the "Indenture"). The proceeds from the sale of the Bonds will be used to refund the outstanding principal amount of the Authority's $5,300,000 Special Obligation Tax Increment Bonds, Series 1979 (the "Series 1979 Bonds"). The Authority entered into a Contract for Sale of Land for Private Redevelopment between K mart Corporation, a Michigan corporation ("K -Mart") and the Authority (the "Redevelopment Contract") in 1979 to provide for the development of land located within a redevelopment project (the "Redevelopment Project"). Pursuant to the terms of the Redevelopment Contract, K -Mart was required to construct improvements in the Redevelopment Project which would generate sufficient tax increment to pay the principal, premium, and interest on the Series 1979 Bonds. The Authority pledged the tax increment to payment of the principal, premium, and interest on the Series 1979 Bonds. The tax increment has been sufficient each year to pay the principal and interest on the Series 1979 Bonds when due. However, the indenture under which the Series 1979 Bonds were issued (the "1979 Indenture") does not permit the issuance of additional obligations secured by the tax increment (except for $100,000 of additional obligations to finance additional improvements and additional obligations to refund the Series 1979 Bonds). In order to provide more flexibility in the use of this Tax Increment, therefore, the Authority has determined to issue the Bonds to defease the outstanding principal amount of the Series 1979 Bonds. In order to secure the timely payment of the principal and interest due on the Bonds, the Authority will pledge to the annual payment of the principal, premium, if any, and interest on the Bonds, the tax increment generated by the parcel of real property on which the K -Mart development was undertaken. Such parcel of real property is hereinafter referred to as the "Property." The improve- ments undertaken by K -Mart on the Property are hereinafter referred to as the "Improvements" and the tax increment generated by the Property and Improvements is hereinafter referred to as the "Tax Increment." Tax Increment received in any calendar year in an amount equal to one hundred percent (100%) of the principal and interest due on the Bonds during any Bond Year, less a credit for certain *Subject to change 3 funds on deposit with the Trustee and available to pay debt service on the Bonds, will be pledged to payment of the debt service on the Bonds. Any Tax Increment in excess of the amounts so pledged will constitute property of the Authority and will not be accumulated or otherwise made available for payment of debt service on the Bonds. The Bonds will also be secured by a reserve fund (the "Reserve Fund") funded with amounts which were initially deposited in a reserve fund established for the Series 1979 Bonds. The Reserve Fund will be funded with investments with an historic cost basis of $558,721.88, and a market value of $471,225.00, as of June 29, 1984. Investment income derived from the investment of amounts deposited in the Reserve Fund will be deposited in the Reserve Fund until the amounts in the Reserve Fund are equal to $533,812.50 (the "Reserve Fund Requirement"). Tax Increment will be pledged and assigned by the Authority to the Trustee under the Indenture. Tax Increment will be paid by the Authority to the Trustee periodically throughout each year while any Bonds are outstanding. The Bonds are not general obligations of the Authority or the City of Shakopee (the "City"), but are special limited obligations of the Authority payable solely from the funds and other security held by the Trustee pursuant to the terms of the Indenture, including the proceeds of the Bonds, investment earnings thereon, and Tax Increment. The Bonds and the premium and interest thereon do not constitute an indebtedness of the Authority, the City, the County of Scott (the "County"), or the State of Minnesota, within the meaning of any constitutional provision or charter or statutory limitation, and will never constitute or give rise to a pecuniary liability of the Authority (except from Tax Increment and other Trust Funds), the City, the County, or the State of Minnesota. In addition, the Bonds and the premium and interest thereon can never constitute a charge against the general credit or taxing powers of the Authority, the City, the County, or the State of Minnesota. This Official Statement contains summaries and descriptions of various documents and agree- ments. All summaries and descriptions of documents and agreements are qualified in their entirety by reference to such documents and agreements, and all summaries of the Bonds are qualified in their entirety by reference to the form thereof included in the Indenture, copies of all of which are available for inspection. Copies of the Indenture are available upon request at the principal office of the Trustee. During the period of the offering, copies of all such documents will be available at the principal office of Miller & Schroeder Municipals, Inc., 2400 Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55431. SOURCE AND APPLICATION OF BOND PROCEEDS* Sources Refunding Bonds of 1984 .................. $3,650,000.00 Add: Accrued interest to October 9, 1984 ......... 7,799.33 Less: Discount at 2.5% .................... (91,250.00) Total sources ........................ $3,566,549.33 Uses Purchase of escrow securities ................ $3,486,100.00 Beginning cash ........................ 188.30 Issuance expenses ...................... 72,461.70 Balance to Bond Fund .................... 7,799.33 Total uses .......................... $3,566,549.33 *Subject to change 4 It is provided in the Indenture that Bonds of a denomination larger than $5,000 may be redeemed in part ($5,000 or a whole multiple thereof) and that upon any partial redemption of any such Bond the same will be surrendered in exchange for one or more new Bonds in authorized form for the unre- deemed portion of principal. If less than all Bonds are to be redeemed on any redemption date, the Bonds to be redeemed will be selected in inverse order of maturity and by lot within a maturity. Notice and Effect of Redemption Notice of redemption will be published at least once not less than twenty (20) days before the redemption date in a daily or weekly periodical published in a Minnesota city of the first class, or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service. Notice of redemption will also be mailed at least twenty (20) days before the redemption date to each Holder of the Bonds to be redeemed at the Holder's last address appearing on the Bond Register; but no defect in or failure to give such mailed notice of redemption will affect the validity of proceedings for redemption of any Bond not affected by such failure or defect. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited, and, except for the purpose of payment, will no longer be protected by the Indenture and will not be deemed Outstanding under the provisions of the Indenture. Additional Bonds No additional Bonds or other obligations will be issued under the Indenture. SECURITY FOR THE BONDS The Bonds are special obligations of the Authority, and are not a general obligation of the Authority or a debt of the City, the County, the State of Minnesota, or any of its political subdivisions, and neither the Authority, the City, the County, the State of Minnesota, nor any of its political subdivisions is liable therefor, except as provided in the Indenture, or can be required to levy taxes or provide monies (other than Tax Increment) for the payment of the Bonds. The Tax Increment Act limits the Authority to payment of principal of and interest on the Bonds from sources pledged under the Indenture. No recourse can be had for payment of the principal of or interest on the Bonds, or for any claim, based thereon or on the Indenture, against any board member, officer, agent or employee, past, present, or future, of the Authority or of any successor body, as such, either directly or through the Authority or any such successor body, under any constitutional provision, statute or rule or law, or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise. Under the Indenture the Authority has for the benefit of the holders of the Bonds, assigned and conveyed to the Trustee, in trust, the Trust Estate, consisting of the Authority's interest in the anticipated Tax Increment from the Property and the Improvements (to the extent of the amounts needed to pay principal and interest on the Bonds) and all cash and securities at any time held in the Trust Funds. The payment of the principal of and interest on the Bonds is secured by the Trust Estate, which is pledged to such payment as provided in the Indenture. Tax Increment Assessed Market Value. The Assessed Market Value of taxable real property for ad valorem tax purposes in Minnesota is established as of January 2 of the year of assessment. Through a statutory local, county and state appraisal and review process an Assessed Market Value is assigned to each parcel of property and the structures, if any, upon it. At least one-fourth of all existing real estate in a taxing unit must be reappraised by the local assessor each year. Each year the appraisal and review process is completed by November 15th. Assessed Value. Assessed Value of taxable property is determined by multiplying the Assessed Market Value for such property by a statutorily prescribed percentage. Assessed Value depends upon the property's tax classification. Minnesota law treats different types of real property differently for assessment purposes. The result is that some classes of property bear a greater share of the property tax 6 burden than others. For example, commercial and industrial property (with certain exceptions) is statutorily categorized as Class 4c property and Minnesota Statutes, Section 273.13, subdivision 9 currently provides that Assessed Value for Class 4c property shall equal thirty-four percent (34%) of the first $50,000 of Assessed Market Value and forty-three percent (43%) of the remaining Assessed Market Value. Captured Assessed Value. Captured Assessed Value is the Assessed Value of the Property in excess of the Original Assessed Value, that being the Assessed Value of the Property on January 2, 1978, the date of certification of the Property Area for tax increment financing purposes. The Original Assessed Value of the Property as of such date was $28,933. Captured Assessed Value increases can be the result of revaluation, inflationary growth or the construction of real estate improvements. Tax Increment. The annual Tax Increment is determined by multiplying the Captured Assessed Value times the combined Mill Rate computed for taxes levied by all taxing authorities upon the Property and the Improvements, which includes the City, the County, the school district and certain special taxing districts. The combined Mill Rate for such taxes is determined by the County Auditor. Each of the taxing authorities submits its tax levy to the County Auditor. The County Auditor determines the Mill Rate for each taxing authority by computing the rate at which taxable Assessed Value, excluding Captured Assessed Value, must be taxed in order to generate the tax dollars required by that taxing authority. The combined Mill Rate is then applied against the Assessed Value of all taxable property, including the Captured Assessed Value. The taxes generated by application of the Mill Rate to the Captured Assessed Value is the Tax Increment, which, if collected, is paid to the Authority and transferred to the Trustee to the extent required under the Indenture. TAX INCREMENT PROJECTIONS Market Value The Property and Improvements have a present Assessed Market Value of $16,136,500.00. Pursu- ant to the terms of the Redevelopment Contract K -Mart agreed to construct a regional distribution facility (the "Improvements") on the Property which would result in a minimum Assessed Market Value of the Property and Improvements of $16,136,500. The Property and the Improvements have been assessed as follows: Assessed Year Market Value 1979 ...................... $ 474,780 1980 4,950,000 1981 16,136,500 1982 ...................... 16,136,500 1983 ...................... 16,136, 500 1984 ..................... . 16,136, 500 Assessed Value Minnesota law currently provides that, for property taxation purposes, the Assessed Value of commercial real property such as the Impyovenments is thirty-€ouq peyt;ent (34016) of the first $553,000 of Assessed Market Value and forty-three percent (43%) of the remaining Assessed Market Value. Appli- cation of this formula yields an Assessed Value of $7,152,841. The Tax Increment projections contained nerbin-dssume- tnat' sucn property tax ciassincaiion'percentages win riot charige during tlhe term of the Bonds. 7 Captured Assessed Value The Original Assessed Value of the Property, its value as of January 2, 1978, has been certified as $28,933 by the Scott County Auditor. Therefore, the Captured Assessed Value of the Property, which captures the difference between the Original Assessed Value and the final Assessed Value of the Property, based upon the above assumptions, is $7,123,908. Mill Rate The combined Mill Rate established for taxes payable in 1984 within the City was 110.580, or approximately $110.58 per $1,000 of Assessed Value. For purposes of these Tax Increment projections, the Authority has assumed this Mill Rate will remain constant during the term of the Bonds. Tax Increment The amount of Tax Increment is determined by multiplying Captured Assessed Value times Mill Rate. The Property and Improvements have generated the following amounts of Tax Increment: Year Amount 1980 . . . . . .. .. ........ .... . $ 7,510.00 1981 . . .. .... ... ........ ... $214,917.40 1982 ... .... .. . .. .... ...... $770,668.22 1983 . . ... ... . .......... ... $807,429.36 Y"rr3' �zdJ. -�Q.fA . . . . . . . . . . . .... �329,944t4h As summarized bell w, the Authori#y has estimated the amount of 'lax Increment to be generated from the Property and Improvements from 1985 to 1998, inclusive, to be $765,086 annually. t�;n,,g,.l �13e._¢��c�cl�tLazke Value determined as of January 2nd of one year is used in cuzs3anit ststz � � �� ub s>^` s=� t'��J? �,*eF��' -to ,navahJ� _in thp_fnl lagyip� near. For egamnle, the -Mill Rate will be applied against the Assessed Market Value as of January 2, 1984 to determine taxes payable in 1985. 1'IlE Btbeuuie'U-01UW -Z iLvvV L+ii2 ES�i iui2��iR'u �i�� �:iC:4mpn+ a&vf ,pxinrJvvql annA batt-rpsk pa_ym nta on �l1P �31T1ft.S,. City of Shakopee, Minnesota Cashflow Projection 0 Annual Surplus $635,024.00 367,069.00 373,066.00 375,391.00 374,341.00 370,066.00 373,116.00 372,796.00 374,733.50 374,233.50 371,908.50 373,108.50 372,758.50 371,448.50 Reserve 5=test, Aetilawe-fPs Reaoired Annual Year Tax Increment Earnings Debt Service Principal Interest Debt Service Coverage 1985 . . $1,234,564.00 $27,450.00 $1,262,014.00 $510,000.00 $116,990.00 $626,990.00 2.0128 1986 . . 759,889.00 54,900.00 814,789.00 135,000.00 312,720.00 447,720.00 1.8199 1987 . . . . 765,086.00 54,900.00 819,986.00 145,000.00 301,920.00 446,920.00 1.8347 1988 765,086.00 54,900.00 819,986.00 155,000.00 289,595.00 444,595.00 1.8443 1989 . . . . 765,086.00 54,900.00 819,986.00 170,000.00 275,645.00 445,645.00 1.8400 1990 . . 765,086.00 54,900.00 819,986.00 190,000.00 259,920.00 449,920.00 1.8225 1991 . . . . 765,086.00 54,900.00 819,986.00 205,000.00 241,870.00 446,870.00 1.8350 1992 765,086.00 54,900.00 819,986.00 225,000.00 222,190.00 447,190.00 1.8336 1993 . . . . 765,086.00 54,900.00 819,986.00 245,000.00 200,252.50 445,252.50 1.8416 1994 . . 765,086.00 54,900.00 819,986.00 270,000.00 175,752.50 445,752.50 1.8396 1995 . . . . 765,086.00 54,900.00 819,986.00 300,000.00 148,077.50 448,077.50 1.8300 1996 . . . . 765,086.00 54,900.00 819,986.00 330,000.00 116,877.50 446,877.50 1.8349 1997 . . . . 765,086.00 54,900.00 819,986.00 365,000.00 82,227.50 447,227.50 1.8335 1998 .. . . 765,086.00 54,900.00 819,986.00 405,000.00 43,537.50 448,537.50 1.8281 0 Annual Surplus $635,024.00 367,069.00 373,066.00 375,391.00 374,341.00 370,066.00 373,116.00 372,796.00 374,733.50 374,233.50 371,908.50 373,108.50 372,758.50 371,448.50 exceeding statutory per capita levy limitations. Application of a Mill Rate other than that assumed by the Authority to the Assessed Value of the Property and Improvements could result in chanes in the estimated Tax Increment. Y BONDHOLDERS' RISKS The following is a summary statement of certain risks to holders of the Bonds. This summary statement is intended only to highlight certain risks and is not a complete statement of all such risks. In addition, such risks are not intended to be exhaustively analyzed but are only outlined. Reference is made to the other sections of this Official Statement, including "THE BONDS," "SECURITY FOR THE BONDS," "TAX INCREMENT PROJECTIONS," and "THE INDENTURE," for analysis of various aspects of the Bonds and security for the Bonds. 1. The Improvements have been constructed by K -Mart and presently generate Tax Increment sufficient to pay annual debt service on the Bonds. If the assumptions used to calculate the Tax Increment projections in "TAX INCREMENT PROJECTIONS" do not change (including the assumption that K-Nfart wfff continue to occupy the Property and Improvements and retain its obligation to pay such taxes), then payment of the debt service on the Bonds will depend entirely on the ability of K -Mart to pay its real estate taxes on the Property and Improvements in a timely manner. See "THE DEVELOPER" herein. 2. Even though K -Mart may continue to retain the ability to pay the real estate taxes on the Property and Improvements, K -Mart could abandon the Improvements and elect not to continue to pay such taxes. In such event there would not be sufficient Tax Increment to pay the debt service on the Bonds. No assurance can be given that K -Mart will not abandon the Improvements during the term of the Bonds. Even though K -Mart may continue to retain the ability to pay the real estate taxes on the Property and Improvements, K -Mart could transfer its interest in the Property and Improvements to a person who does not have the same ability to pay such taxes. In such event no assurance can be given that such taxes will be paid. 3. Even though K -Mart may continue to pay all real estate taxes on the Property and Improve- ments during the term of the Bonds, there are circumstances under which such taxes could be insuffi- cient to pay the debt service on the Bonds. Such circumstances include the following: (a) Real estate taxes on the Property and Improvements could be reduced due to a reduction in the Assessed Market Value of such property. A reduction in Assessed Market Value could result from damage to or destruction of the Improvements, a successful administrative or legal challenge by K -Mart to the present assessment imposed upon the Property and Improvements, a change in the assessment criteria used to assess the Property and Improvements, or an alteration in the local taxing system. (b) Real estate taxes on the Property and Improvements could be reduced due to a reduction in the percentage tax classification imposed against the Assessed Market Value as a result of a statutory amendment imposed by the Minnesota Legislature. (c) Real estate taxes on the Property and Improvements could be reduced due to a drop in the mill rate imposed against the Assessed Value of the Property and Improvements. Such a reduction in mill rate could result from an increase in state aid to the City, County, and school district in the County, an increase in the Assessed Market Value of real estate in the City and Cucrrrty, ar a reduction in tfie cost of services provided by the City, County, and school district in the County. In order to prevent any of the foregoing events from causing a default on the Bonds debt service on the Bonds has keen wA%, uled so that the _YTDWTly amts Improvements will generate 'rax Increment in amounts from approximately 180% to 200% of the debt servjcg,,oath,e, ie -Bonds. No assurance can be given, however, that this level of coverage will be sufficient upon the of ti irrence of any one or more of such events. occL 10 4. Tax Increment could be insufficient in any year to pay debt service on the Bonds due to events not presently foreseeable. d. 7'ax Increment wid be appiied to debt service on the Bonds annuaffy. Excess Tax fnncrement in nip Par 'Ritt V&t b2, i0 4,OL2i -w io-rthnluurse'6ie 1Aysu V8 Fund for deficiencies in prior years. K -MART CORPORATION K -Mart is a Michigan corporation which operates a large chain of discount department stores throughout the United States, Canada, and Puerto Rico. K -Mart is subject to the information report- ing requirements of the Securities Exchange Act of 1934 and in accordance therewith files reports and other information with the Securities and Exchange Commission. Information concerning K -Mart's directors and officers and their remuneration, the principal holders of its securities, and certain other information is set forth in proxy statements distributed to its shareholders and filed with the Securities and Exchange Commission. Such reports, proxy statements, and other information can be inspected at the offices of the Securities and Exchange Commission, Public Reference Branch, Room 1024, 450 Fifth Street N.W., Washington, D.C., between 9:00 a.m. and 4:30 p.m. Monday through Friday, and copies of such material can be obtained from the Securities and Exchange Commission at prescribed rates. In addition, information concerning K -Mart can -be- ob-taineA-ftom_the—oSficeq-d£xhP slew-York_Stock Exchange, Inc., 20 Broad Street, New York, New York. I's thpt fiscal year ending on January 25, 1984, K -Mart reported sales of $18,591,9M M b and a net income of $492,300,000, compared to sales of $16,772,200,000 and a net income of $261,800,000 for the fiscal year ending on January 26, 1983. THE PROJECT General Information I rim ftn r, uP8RAne aaoptlon or the n6d6verop'' it Plan by the City Council of the City. At that time the Redevelopment Project was designated as mer "Valley Industrial Park Redevelopment Project No. 1." The Redevelopment Plan was amended on the i 17, 1979, to expand the geographic area of the Redevelopment Project. Jul' On February 28, 1984, the Redevelopment Plan was substantially modified. Among other changes, area within the Redevelopment Project was _greatly expanded and the Project was redesignated as the "Minnesota River Valley Housing and Redevelopment Project No. 1:" the The tax increment district in which the Property and Improvements are located (the "Tax Incre- �t District"), designated in the Redevelopment Plan as "Tax Increment District No. 1," was not mer ended with the expansion of the Redevelopment Project boundaries. The Tax Increment District exp; >mpasses the same area as was within the Tax Increment District on July 17, 1979. enc( �velopment Activity Reds The objectives and proposed activities of the Authority in the Redevelopment Project and Tax ement District are summarized in the Redevelopment Plan as follows: Incr The Commissioners of the Authority have determined that there is a need for housing, develop - t and redevelopment within the corporate limits of the City to provide employment opportunities, men nprove the tax base and to improve the general economy of the State of Minnesota. to ii The Commissioners have determined that there is a need for safe, decent, sanitary housing for all lents of the City, particularly for the elderly and handicapped. There is a need to provide an resi( luate housing supply for all residents at a cost they can afford, particularly to provide standard ade( sing choices to persons and families of low and moderate income. Therefore, the Commissioners hou; 11 have determined that certain parcels of property qualify as a "housing project" pursuant to Minnesota Statutes, Section 462.421, Subdivision 12 and as a "housing district" pursuant to Minnesota Statutes, Section 273.73, Subdivision 11. The Commissioners have found that there are certain parcels of property within the City which are potentially more useful, productive and valuable than is being realized under existing conditions, and, therefore, are not contributing to the tax base of the City to their full potential. The Commissioners have determined that certain parcels of property, substantially occupied by buildings, streets, utilities or other improvements, are deemed to be blighted because fifty percent of the improvements are structurally substandard to a degree requiring substantial renovation or clearance or that twenty percent of the improvements are structurally substandard and that another thirty percent of these improvements require renovation or clearance due to inadequate street layout, incompatible uses or land use relationships, excessive diversity or obsolete buildings not suitable for improvements or conversion. The Commissioners have determined that certain parcels of property are deemed to be blighted by virtue of conditions of unusual and difficult physical characteristics of the ground, which conditions have prevented normal development of the land by private enterprise, resulting in a stagnant and unproductive condition of land potentially useful and valuable for contributing to the pubiic health, safety and welfare. Therefore, the Commissioners have determined that certain parcels of property qualify as a "redevelopment project" pursuant to Minnesota Statutes, Section 462.421, Subdivision 13 and as a "redevelopment district" pursuant to Minnesota Statutes, Section 273.73, Subdivision 10. The Commissioners have found that other parcels of property do not qualify as housing or redevelopment districts as defined above but do qualify as an "economic development district" pursu- ant to Minnesota Statutes, Section 273.73, Subd. 12 because the project or a portion of the project will discourage commerce, industry or manufacturing from moving operations to another state, will result in increased employment or will result in preservation and enhancement of the City's tag base.. The Commissioners have further determined that the establishment of Housing and Redevelop- ment Project No. 1 will provide the Authority and the City with the ability to achieve certain public purpose goals not otherwise obtainable in the foreseeable future without the intervention of the Authority and the City in the normal development process. These goals include: the restoration and improvement of the tax base and the tax revenue generating capacity of the housing and redevelop- ment project, increased employment opportunities, the availability of safe healthful housing for all residents, the realization of comprehensive planning goals, the removal of blighted conditions, and the revitalization of the property within the housing and redevelopment project to create an attractive, comfortable, convenient and efficient area for industrial, commercial and related uses. The Authority has determined that it is desirable and in the public interest to designate a specific area within the corporate limits of the City as Housing and Redevelopment Project No. 1 and to establish, modify and administer a housing and redevelopment plan (the "Modified Housing and Redevelopment Plan") for Redevelopment Project No. 1. The Authority and the City through this Redevelopment Plan, seek to achieve the following objectives: (1) To provide logical and organized land use for the area consistent with the City compre- hensive plan and zoning ordinance. (2) To eliminate blighting influences which to date have impeded potential development in the area. (3) To provide safe and adequate drainage in this area. (4) To provide adequate utilities and other public improvements and facilities to enhance the area for both new and existing development. (5) To stimulate commercial and industrial development in the Project area and in the City. 12 (0) q' ;` � nszn2aseEc � 'si�;yrnuhti anti Lo supplement the -financial and property tax base of the City. (7) To provide maximum opportunity, consistent with the sound needs of the City as a whole, for redevelopment by private enterprise. (8) To encourage planning and development of a desirable and unique character within Housing and Redevelopment Project No. 1 through quality land use alternatives and design quality in new and remodeled buildings and residences, in a manner consistent with the compre- hensive plan of the City and with a minimum adverse impact on the environment. (9) To acquire certain property with Housing and Redevelopment Project No. 1 which is not now in productive use or in its highest and best use, to make soil corrections on said property and to construct public improvements on said property, thereby promoting and securing the develop- ment of other land in the City. (10) To subdivide and sell or lease the improved property to private developers, including new, small and/or local businesses, which will provide increased employment opportunities in the City and the surrounding area and increase the tax base of those taxing jurisdictions within which Housing and Redevelopment Project No. 1 is located, in order to better enable such entities to pay for governmental services and programs required to be provided by them. (11) To provide safe, decent, sanitary housing for all residents of the City at a cost they can afford. (12) To provide additional new housing units so as to accommodate the needs of expanding commercial and industrial employment base including high quality housing choices to persons and families of low and moderate income. (13) To provide sound residential neighborhoods that are ascetically [sic] developed, well located and adequately serviced with municipal utilities and amenities. (14) To provide the impetus for residential development by private enterprise consistent with the goals of the Authority and the City including the policies, present and future housing needs, and housing allocation plans and implementation programs of the Housing Element of the Metro- politan Development Guide of the Metropolitan Council of the Twin Cities Area. The Property and the Improvements The Property is legally described as "Lot 1, Block 1, Valley Park 3rd Addition" and includes approximately 100 acres of the 325 acres in the Tax Increment District. The Improvements are comprised of a regional distribution facility operated by K -Mart. Information concerning the Improve- ments is provided throughout this Official Statement. THE AUTHORITY The Authority is a public corporation which was created to carry out the public housing and redevelopment activities of the City within the corporate boundaries thereof. The Authority is gov- erned by a five member Board of Commissioners, all of which are members of the City Council, all of which are appointed by the Mayor and approved by the City Council. The following table sets forth certain information relating to the present Board of Commissioners. Members Dean Colligan Gloria Vierling Delores Lebens John Leroux Jerry Wampach Authority Position Authority Term City Council Position Chairman 12/87 Council Person Secretary 12/85 Council Person Vice Chairman 12/85 Council Person Commissioner 12/87 Council Person Commissioner 12/87 Council Person 13 Authority Powers Pursuant to the Redevelopment Act the Authority is empowered to utilize public monies to promote the clearance, replanning, rehabilitation and modernization of substandard areas and to provide decent, safe, and sanitary housing for persons and families of low and moderate income through the participation of private enterprise. The Authority may finance its activities through tax increment revenue, a limited tax levy, bonds and notes of the Authority, rental and sale of property, bonds of the City, and federal and state grants and loans. However, the principal and interest on the Bonds are not payable from any source other than those specified in the Indenture. THE CITY General Information The City of Shakopee is locatecCon cde-N�imresoea����u£ ��_^== `t hnasterr-Scot - ovnj=v,Avroxi- mately 25 miles southwest of the City of Minneapolis. The City covers an area of approximately 29 --gyit ��tra�T r� assn t1,�,LI�S 'ensusreDgrted the City's population at 9,941, a 44.6% increase over the 1970 Census. Tax Rates In October of each year the City Council adopts the City budget for the ensuing year and levies taxes upon all property within the City which will be sufficient to cover all expenditures of the City. Taxes on real property become due on January 1 of each year. One half must be paid by May 15 and the other half by October 15 of each year. Shown in the table below are the tax rates established by the City for City purposes and the respective tax rates for other governmental units within or overlapping upon the City. :t�� `it'J:�J i i�ili �"•ii�,i,-F,�`�'.s'��1tsnLni,�; n���t��? �� 1�`2.�S�,�]__-1_LR3� ---- n 'rransit 1)lstf1ct9x cr00011't-i1t- Xfi2pd tf2rE�2$lif;Q4�133]rL'PVf ��V.17P_iJfv- basis of total levies and taxable assessed ty tax credits. ns of property located within the City. Taxable Assessed Value ... $96,443,444 ... 89,424,032 827 99A AOR 1981/82 Mill Rates Per $1,000 of Assessed Value 1983/84 1976/77 1977/78 1978/79 1979/80 1980/81 Scott County .. ........... 35.47 40.27 41.089 42.961 36.252 City of Shakopee .......... 20.18 20.47 17.076 18.323 15.631 ISD 720 ....... ......... 61.04 61.23 55.879 52.850 38.646 -_ 3.3 3.28 3.�s2 4:Lb"t A.44;1 -IJ-1-24 4.-10a - 1:,J, - :t�� `it'J:�J i i�ili �"•ii�,i,-F,�`�'.s'��1tsnLni,�; n���t��? �� 1�`2.�S�,�]__-1_LR3� ---- n 'rransit 1)lstf1ct9x cr00011't-i1t- Xfi2pd tf2rE�2$lif;Q4�133]rL'PVf ��V.17P_iJfv- basis of total levies and taxable assessed ty tax credits. ns of property located within the City. Taxable Assessed Value ... $96,443,444 ... 89,424,032 827 99A AOR 1981/82 1982/83 1983/84 39.046 36.736 33.004 19.145 18.770 17.465 52.380 62.390 55.630 rnl ____.A MEC A 707 ................ 39,9889370 Special District* ....... . - Total Iu ........:... *Special districts are: Metropolitan Council, Me-tropolita: -Control, `Lower'bWinnesdra NOTE: The foregoing mill rates are computed on the values, and do not reflect reductions for proper Assessed Valuations Set forth on the table below are the assessed valuatic Values 14 1983 .................. 1982 .................. IuO1 . . . . ,,,,. 68,451,455 1980 ...................... 1979 ....... ............... 51,555,892 1978 .......... ............ 46,334,403 1977 ...... ................ 419679,864 1976 ...... ................ 39,9889370 14 THE INDENTURE The following is a summary of certain provisions of the Indenture: Initial Degosits in Trust Funds. The Indenture creates the following Trust Funds: Escrow Fund, Bond Fund, Reserve Fund, and Cost of Issuance Fund. The net proceeds from the sale of the Bonds shall be deposited with the Trustee on the date of delivery of the Bonds and credited in the following amounts to the following Trust Funds: Bond Fund: $ 7,799.33 Escrow Fund: $3,486,288.30 Cost of Issuance Fund: $ 72,461.70 Additionally, upon the date of delivery of the Bonds, investments in the reserve fund created for the 1979 Bonds under the 1979 Indenture with a market value, as of June 29, 1984, of $471,225.00 will be *.r831ffPL23`�� ; tb4.>� �rs4 'iiri, ,xa , n LAt b3bna j)Sna _:Ina construc- tion fund created under the 1979 Indenture will be transferred to the Bond Fund. The Escrow Fund Bonds. Moneys in the Escrow Fund will be invested and applied solely as provided in an Escrow Agreement, dated as of August 1, 1984, between the Authority and First Trust Company of Saint Paul, as Escrow Agent. Pursuant to the Escrow Agreement, moneys in the Escrow Agreement (exclusive of a cash deposit) will be used to purchase United States Treasury Notes — State and Local Government Series, and proceeds of such treasury notes will be used to pay principal and interest on outstanding Series 1979 Bonds. In no event will moneys or investments in the Escrow Fund be available to pay principal, premium or interest on the Bonds. Bond Fund All Tax Increment pledged by the Authority under the Indenture and all investment earnings on amounts in the Cost of Issuance Fund and the Reserve Fund (if the balance in the Reserve Fund is equal to $533,812.50) and any other moneys received by the Trustee for payment of principal, premium or interest on the Bonds will be deposited in the Bond Fund upon receipt by the Trustee. The Bond Fund shall be for the payment of principal or Redemption Price of and interest on the Bonds as the same become due, mature or otherwise become payable in accordance with the Indenture and for the redemption by the Trustee pursuant to the Indenture of the Bonds prior to maturity. The Trustee shall also withdraw from the Bond Fund on each Interest Payment Date an amount equal to the compensa- tion then owed to the Trustee and Escrow Agent, if any. Reserve Fund If on any Interest Payment Date the amount then on hand in the Bond Fund is insufficient to pay the principal, premium, if any, and interest due on the Bonds on such Interest Payment Date or any Trustee fees or Escrow Agent fees due on such Interest Payment Date, the Trustee shall transfer from the Reserve Fund to the Bond Fund an amount equal to such deficiency. Additionally, upon an Event of Default and the acceleration of the principal of the Bonds in accordance with the terms of the Indenture, or upon the redemption of all Bonds prior to maturity, the Trustee shall transfer from the Reserve Fund to the Bond Fund the amount needed to pay principal and interest on the Bonds on the date fixed for redemption thereof pursuant to the terms of the Indenture. If on any date the principal amount of Outstanding Bonds is equal to or less than the combined balance on hand in the Bond Fund and the Reserve Fund, the moneys in the Bond Fund and the Reserve Fund shall be used to redeem all Outstanding Bonds at their Stated Maturity or the earliest date on which notice of redemption may be given, whichever is earlier. On each June 1 and December 1, the Trustee shall transfer to the Bond Fund from the Reserve Fund any amount on deposit in the Reserve Fund in excess of $533,812.50 (the "Reserve Fund Requirement"). 15 As long as the balance in the Reserve Fund equals or exceeds the Reserve Fund Requirement, all investment income derived from the investment of amounts on deposit in the Reserve Fund shall be transferred to the Bond Fund upon receipt. In the event the balance in the Reserve Fund is less than the Reserve Fund Requirement, then all investment income derived from the investment of amounts on deposit in the Reserve Fund shall be deposited in the Reserve Fund. Cost of Issuance Fund The Cost of Issuance Fund shall be used to pay or reimburse the Authority for the payment of expenses relating to the issuance of the Bonds, including fees and disbursements of attorneys for the Authority and the Underwriter and of bond counsel, reimbursement for staff administrative time and expenses relating to the Bonds, fees and disbursements of accountants and fiscal consultants, printing of the Bonds and any official statement, fees of any rating agencies, out-of-pocket expenses of the Authority in connection with the issuance of the Bonds, expenses and fees and disbursements of the Trustee in connection with the acceptance of the Indenture and the issuance of the Bonds and escrow agent fees. All investment earnings on moneys in the Cost of Issuance Fund shall be transferred to the Bond Fund upon receipt. Any moneys in the Cost of Issuance Fund not needed to pay costs of issuance shall be transferred to the Bond Fund not later than February 1, 1985, and thereafter used for purposes of said Fund. Investment of Trust Fund Moneys Moneys held in Trust Funds (other than moneys in the Escrow Fund, which shall be invested solely as provided in the Escrow Agreement) shall be invested and reinvested by the Trustee upon the directions of the Authority, to the extent permitted by law, in any of the following qualified investments: (a) Governmental Obligations or any state or municipal government or agency obligations rated "AAA" by Standard & Poor's Corporation; (b) Certificates of deposit or time deposits with any bank or savings institution up to the amount which is insured by the Federal Deposit Insurance Corporation of the Federal Savings and Loan Insurance Corporation; (c) Certificates, time deposits, bankers acceptances, and repurchase agreements with any banking institution rated "AAA" by Standard & Poor's Corporation; (d) Federal funds, certificates of deposit, time deposits and banker's acceptances (having original maturities of not more than 365 days) of any bank the debt obligations of which (or, in the case of the principal bank in a bank holding company, debt obligations of the bank holding company) have been rated "A-1+." (e) Commercial paper (having original maturities of not more than 365 days) rated "A-1+." (f) Prime commercial paper which matures no more than ninety (90) days following the date of purchase by the Trustee, which is rated "A-1" by Standard & Poor's Corporation, and which has been issued by an issuer rated "AAA" by Standard & Poor's Corporation; and (g) SLUGS, to the extent reasonably necessary to meet any yield restrictions on investments provided for in the Indenture. The Trustee shall, without further direction from the Authority, terminate or sell such invest- ments as and when required to make any payment for the purpose of which such investments are held. Any income received on such investments shall be credited to the Bond Fund upon receipt, subject to any provision of the Indenture specifying any different credit or the transfer thereof to another Trust Fund. Pledge of Tax Increment The Authority has pledged to collect from the County Auditor of Scott County, Minnesota, the entire Tax Increment derived from certain parcels included in the City of Shakopee Tax Increment 16 District No. 1 (the "Tax Increment") and to remit to the Trustee for deposit in the Bond Fund from all Tax Increment received with respect to any Calendar Year (i) first, an amount equal to one hundred percent (100%) of the principal and interest on the Bonds which shall become due on the Bonds in the Bond Year next beginning after the first day of such Calendar Year, less any amounts on deposit in the Bond Fund and available to pay such principal and interest, and (ii) second, an additional amount equal to all Trustee fees and Escrow Agent fees which will become due in such Bond Year (the "Pledged Increment"). Tax Increment is received "with respect to" a particular Calendar Year if the Tax Increment was generated by ad valorem real property taxes (or taxes in lieu thereof pursuant to Minnesota Statutes, Chapter 273) first becoming due and payable in such Calendar Year, irrespective of when such Tax Increment is actually paid to the Authority. The Authority shall not use any Tax Increment received with respect to any Calendar Year for any purpose other than payment to the Trustee of the amounts pledged hereunder until such amounts shall have been paid in full; provided, however, that if the Authority shall have made all payments of Tax Increment with respect to the Tax Increment received with respect to any Calendar Year, any additional Tax Increment received by the Authority with respect to such Calendar Year in excess of the Pledged Increment ("Excess Increment") shall be retained by the Authority and be available to the Authority for any legal purpose and shall not be or thereafter become subject to the lien of this Indenture for payment of the Bonds, or premium or interest thereon, or for any other purpose. The Authority shall remit all Pledged Increment received by it to the Trustee within fifteen (15) days of receipt by the Authority. If the Authority shall not receive with respect to any Calendar Year sufficient Tax Increment to make the payments to the Trustee, such shortfall shall not affect the obligation of the Authority to make such payments in future years, but the Authority shall have no present or future obligation to pay such shortfall from any Excess Increment received in any future year or from any other source whatsoever. Events of Default The following events constitute "Events of Default" under the Indenture: (a) default in the payment of any interest upon any Bond when it becomes due and payable, whether at its Stated Maturity or upon prior call for redemption; or (b) default in the payment of the principal of any Bond when it becomes due and payable; or (c) default in the performance or breach of any other covenant or warranty of the Authority in the Indenture and the continuance of such default or breach for a period of sixty (60) days after there has been given, by registered or certified mail, to the Authority by the Trustee or to the Authority and the Trustee by the Holders of at least ten percent (10%) in principal amount of the Outstanding Bonds, a written notice specifying such default or breach and requiring it to be remedied and stating that such notice is a "Notice of Default" hereunder; provided, however, that if the default be such that it cannot be corrected within such period, it shall not constitute an Event of Default if corrective action is instituted by the Authority within such period and dili- gently pursued until corrected. If an Event of Default has occurred and is continuing, the Trustee shall have the following rights and remedies: (a) The Trustee may declare the principal of all the Bonds to be due and payable immedi- ately, by a notice in writing to the Authority, and upon any such declaration such principal shall become immediately due and payable. (b) The Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Bondholders by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights (other than acceleration of the Bonds), whether for the specific enforcement of any covenant or agreement in the Indenture, in aid of the exercise of any power granted herein, or to enforce any other proper remedy. If an Event of Default shall have occurred and be continuing, and if requested to do so by the Holders of not less than 17 twenty-five percent (25%) in aggregate principal amount of Outstanding Bonds, the Trustee shall be obligated to exercise one or more of such remedies as the Trustee, being advised by counsel, shall deem most expedient in the interests of the Bondholders. Any Event of Default under the Indenture and its consequences may be waived and any accelera- tion may be rescinded by the Trustee or the Holders of not less than a majority in aggregate principal amount of the Bonds Outstanding, provided, however, without the consent of the Holder of each Bond so affected, a default in the payment of principal, premium, if any, or interest or a default in respect of certain covenants and provisions shall not be waived. In the case of an Event of Default under the Indenture, the Holders of a majority in aggregate principal amount of the Bonds then Outstanding shall have the right to direct the method and place of conducting all remedial proceedings to be taken by the Trustee in connection with the enforcement of the terms and conditions of the Indenture. However, such direction must not be contrary to law or the provisions of the Indenture, and the Trustee may decline to follow any such direction which, in its opinion, would be prejudicial to Holders of Bonds not parties to such direction. No Holder of any Bond shall be entitled to institute any proceeding in equity or at law to enforce any provision of the Indenture or any remedy thereunder unless, after written notice of such Event of Default, the Trustee shall refuse or neglect to institute such suit within sixty (60) days after receipt of the written request of and the offer of indemnification from the Holders of not less than twenty-five percent (25%) in aggregate principal amount of the Bonds Outstanding. Nothing in the Indenture is intended to affect or impair the right of any Holder of Bonds to enforce the payment of the principal or Redemption Price of and interest on its Bonds or the obligations of the Issuer to pay the principal or Redemption Price of and interest on each Bond in accordance with its terms at the time and place expressed in the Indenture and the Bonds. Notice of Default Within ninety (90) days after the occurrence of any default, the Trustee shall transmit by mail to all Registered Holders of Bonds and shall publish at least once in an Authorized Newspaper notice of such default known to the Trustee, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal of or interest on any Bond, the Trustee shall be protected in withholding such notice if and so long as the board of directors and/or officers of the Trustee in good faith determine that the withholding of such notice is in the interests of the Bondholders; and provided, further, that in the case of any default in the performance, or breach of any covenant or warranty of the Authority as specified in Section 6.01, subsection C of the Indenture, no such notice to Bondholders shall be given until at least 30 days after the occurrence thereof. For the purpose of this Section, the term "default" means any event which is, or after notice or lapse of time or both would become, an Event of Default, as defined in the Indenture. Supplemental Indentures Without the consent of the Holders of any Bonds, the Authority, when authorized by an Authority Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any one of the following purposes: (a) to evidence the succession of another entity to the Authority and the assumption by any such successor of the iuveff�a-riL3 i�ifc �iuif.Ti �'� �.'tQ"i�'ii, 4.:f.�. _':_ ��R R,J.� � �nrn�f (b) to add to the covenants of the Authority, for the benefit of the tiblders or We 666 ds, or f surrender any right or power herein conferred upon the Authority; or (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein or to make any other provisions with respect to iZZer�urqustiivn� arisr r uin�er=ziYe ���c��zsl�,�sc.Lgr+a::r�.�rlxies�:aZLnot h?_inr.�nsiaterft with the nrovi- _ _ ME ns of the Indenture; provided such action shall not adversely affect the interests of the Holders sic the Bonds. of 18 With the consent of the Holders of not less than a majority in principal amount of the Bonds Outstanding by Act of said Holders delivered to the Authority and the Trustee, the Authority, when authorized by an Authority Resolution, and the Trustee may enter into an indenture or indentures supplemental hereto, for the purpose of adding any provisions to, changing in any manner or eliminat- ing any of the provisions of this Indenture, modifying any of the provisions of the Indenture or modifying in any manner the rights of the Holders of the Bonds under the Indenture; provided, however, that no such supplemental indenture shall, without the consent of the Holder of each Outstanding Bond affected thereby: (a) change the Stated Maturity of the principal of or any installment of interest on any Bond, reduce the principal amount thereof or the interest thereon, change any place of payment where or the coin or currency in which any Bond is payable or impair the right to institute suit for the enforcement of any such payment on or after the Stated Maturity thereof (or, in the case of redemption, on or after the Redemption Date); or (b) reduce the percentage in principal amount of the Outstanding Bonds, the consent of whose Holders is required for any such supplemental indenture or the consent of whose Holders is required for any waiver (of compliance with certain provisions of the Indenture of certain defaults hereunder and their consequences) provided for in the Indenture; or (c) modify any of the provisions of the Indenture to modify the percentage of Bondholders required to waive Events of Default or approve Supplemental Indentures except to increase any such percentage or to provide that certain other provisions of this Indenture cannot be modified or waived without the consent of the Holder of each Bond affected thereby. Discharge When the principal of, premium, if any, and interest on all the Outstanding Bonds have been paid and provision has been made for the payment of all other sums payable under the Indenture, then the pledge and assignment of all Tax Increment and other revenues and receipts under the Indenture and the covenants, agreements and other obligations of the Authority thereunder to the Holders of the Bonds shall cease, terminate and become void and be discharged and satisfied. After the above -onditions have been met, the Trustee shall cancel and discharge the Indenture. All of the Bonds shall be deemed to have been paid for purposes of discharging the Indenture if there shall have been ieposited with or held by the Trustee or any Paying Agent either moneys in an amount which shall be sufficient or Government Obligations (not subject to redemption at the option of the issuer thereof) the )rincipal of and interest on which when due shall provide amounts which (together with such moneys, f any) shall be sufficient to pay when due the principal of, premium, if any, and interest due or to )ecome due on all Outstanding Bonds; provided, however, that the Issuer shall have taken all action iecessary to redeem such Bonds and notice of such redemption shall have been duly given by the Prustee as provided in the Indenture. "Government Obligations" means: (a) direct obligations of the Jnited States of America for the payment of which the full faith and credit of the United States of kmerica is pledged or (b) obligations issued by a person controlled or supervised by and acting as an nstrumentality of the United States of America, for the payment of which the full faith and credit of ;he United States of America is pledged. ENFORCEABILITY OF REMEDIES While the Bonds are secured by a portion of the proceeds of the Bonds and by the Tax Increment, ,he practical realization of such security upon any default may depend upon the exercise of various 'emedies specified by the Indenture. These and other remedies may be dependent upon judicial actions vhich are subject to discretion and delay. Under existing constitutional, statutory, and judicial law, ,uch remedies may not be readily available or may be limited. A court may decide not to order the ,pecific performance of covenants contained in such documents. The various legal opinions to be 19 delivered concurrently with the delivery of the Bonds will be qualified as to the enforceability of the various legal instruments by limitations imposed by state and federal laws affecting remedies and by bankruptcy, reorganization or other laws affecting the enforcement of creditor's rights. LEGAL MATTERS Legal matters incident to the authorization, issuance, and sale by the Authority of the Bonds and with regard to the tax-exempt status thereof will be passed upon by O'Connor & Hannan, Bond Counsel. A copy of such opinion is included herein as Appendix A. Copies of such opinion will be printed on the reverse side of the Bonds. Certain legal matters will be passed upon for the Underwriter 6y tCofines & Graven, 6Aartiure-d, a5,_i5,;-1T6d& z Mw- ?&aLm-s_& r*.sv?n- f'bartespd, will also render an opinion as special counsel on legal matters involving tax increment. Certain legal matters will be passed upon for the Authority by the City Attorney as counsel to the Authority. TAX EXEMPTION In the opinion of O'Connor & Hannan, Minneapolis, Minnesota, bond counsel, under existing statutes, court decisions, and rulings, interest on the Bonds is exempt from federal income taxes, and under present Minnesota laws interest on the Bonds is not includable in gross income for State of Minnesota income tax purposes, except Minnesota corporate and bank excise taxes measured by income. UNDERWRITING Pursuant to the' terms ana eona1L16T1s- oI -Z 13061c i t—Sioturaefl— Municipals, Inc. has agreed to purchase the Bonds from the Authority at an aggregate purchase price of $3,558,750* plus accrued interest from October 1, 1984, to the date of delivery of the Bonds. The Underwriter is obligated to take and pay for all of the Bonds, if any Bond is purchased. The Bonds are being offered for sale to the public at the initial prices or yields determined to produce the yields or prices to maturity stated on the cover page of this Official Statement, plus accrued interest. The public offering prices may be changed from time to time and may be reduced for sales to selected dealers. During the initial offering period the Bonds will be sold at par. The Underwriter reserves the right to join with other dealers in offering the Bonds to the public. The Bonds are offered, subject to prior sale, when, as and if issued by the Authority, subject to the opinions as to validity and certain other matters of O'Connor & Hannan and Holmes & Graven, Chartered, and certain other conditions. Under the Bond Purchase Agreement, certain of the parties will indemnify certain other parties with respect to matters relating to this Official Statement and the information provided herein. Subject to prevailing market conditions the Underwriter intends, but is not obligated, to effect secondary market transactions for the Bonds. However, the Underwriter is not obligated to repurchase any of the Bonds at the request of the Holders thereof. MISCELLANEOUS Any statements in this Official Statement involving matters of opinion, whether or not expressly so stated, are intended as such and not as representations of fact. This Official Statement is not to be construed as a contract or agreement between the Authority or the Underwriter and the purchasers or Holders of any of the Bonds. Certain provisions of the operative legal documents relating to the Bonds are summarized in this Official Statement. Such summaries do not purport to be comprehensive or definitive and reference is made to such documents for a full and complete statement of their respective provisions. Copies of such documents are available upon request at the principal office of the Trustee. *Subject to change 20 O'GO N N O R & HAN NAN SUITE BOO 1919 PENNSYLVANIA AVENUE N.W. WASNIN GTO N, D. C. 20006-3453 (202) 887-1400 PAT.... J. O•CONNOR PATRICK E.000NNEL- EDWARD w'- BROOKE • TOSEPH N. OLATCHFORD• JOHN J. FLVNN HO MAB■. EVAN S. JF.- H RO BERT HALPER DO NAL. S. ARpOUR. JOB EPM E DILLON ...OL N. PARK• TNOMAS H. OUINN MI ...EL E_VE --- DAVID R. M LINL ter• J Hry J. n .. - RvcNAR. GM MORGAN JoSEPN E. PATTIS ON LES 8RO.E• CNARLE. W. GAR RISON 1- TERENCE P. BOYLE • GORDON K. GAYER - NOPE S. POSTER• CHRISTINA W. ELEPS• p R1Ary p. ELAN• E. GORDON LEE• T.BARRYO.S.OLLY CHRISTOPHER D. COURSCN• J CUERMICHAEL J.FERRELL- PETER C. KISSEL- 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 JOSEPNN F. CASTIELLO- H M MBE" .F M AR ADM, TTE. IN VIwo1N�A DML. We have acted as bond counsel in connection with the issuance by the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, a public corporation and a political subdivision of the State of Minnesota (the "Issuer"), of its Tax Increment Revenue Refunding Bonds, Series 1984, dated as of October 1, 1984, in the aggregate principal amount of $3,650,000 (the "Bonds"), maturing February 1 of each year in the years and principal amounts and bearing interest at the rates per annum as follows, respectively: ?sL xdLIT, — — ------ -- -- - _ear P .,.�....A ATTORNEYS AT LAW PAT—"�. o'cohNOR JANE. DOU G,LA.. RA 2EN 135,000 NOCOIyAEI EL. NCGUIFE M D. HULLN DAVID W. KELLEY J.T MER 3800 I D S TOWER wwBER� J.cHP15TIAN5oK,JR. Mq5 R DOLMS Ev STEVEN DRNONAV'D C^SC—ARTS B. ELT. EIGHTH STREET AM J MCGRANK RICHARD L. EVANS 80 SOUTH DOUGLAS r. CARNIVAL DORIE H. BEN.— - K�MT E ENSTEIN RUBE KEVIN K DSc WOOD KI . MINNEAPOLIS, MINNESOTA 55402-2254 ES ROMA^ R SHERA-NR JOHN vIRGI N^1A M ORO JULE OwD S ROBERT A. BRUNIG REDERICK W MORRIS WILLIAM E. ELY Nh EN RA:,ONERGAN EL WILES �E.LIE TL SIN NER (612) 341-3600 365,000 1998 TELEX 29-0584 FREDEPIC KDw.THOM AS SUITE 4700, ONE UNITEC BANK CENTER WILLIAM C.KELLI (1 -le 1270, 1700 LINCOLN STREET OENVER•COLORADO 80203 DRID 1,S I MADRID 1• SPAIN —TE.- D.RECT DIA. NJMBER (303, 830-1700 431 -31 -00 NGAME O.GALLEG05• TELEX 23543 RBER LINED• JENCE L. THOMAS• L.A MOLD R NJ-5 E. GIGAII. FRANK J. wIRGA .OBE RT WIEGANDII SUITE BOO 1919 PENNSYLVANIA AVENUE N.W. WASNIN GTO N, D. C. 20006-3453 (202) 887-1400 PAT.... J. O•CONNOR PATRICK E.000NNEL- EDWARD w'- BROOKE • TOSEPH N. OLATCHFORD• JOHN J. FLVNN HO MAB■. EVAN S. JF.- H RO BERT HALPER DO NAL. S. ARpOUR. JOB EPM E DILLON ...OL N. PARK• TNOMAS H. OUINN MI ...EL E_VE --- DAVID R. M LINL ter• J Hry J. n .. - RvcNAR. GM MORGAN JoSEPN E. PATTIS ON LES 8RO.E• CNARLE. W. GAR RISON 1- TERENCE P. BOYLE • GORDON K. GAYER - NOPE S. POSTER• CHRISTINA W. ELEPS• p R1Ary p. ELAN• E. GORDON LEE• T.BARRYO.S.OLLY CHRISTOPHER D. COURSCN• J CUERMICHAEL J.FERRELL- PETER C. KISSEL- 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 JOSEPNN F. CASTIELLO- H M MBE" .F M AR ADM, TTE. IN VIwo1N�A DML. We have acted as bond counsel in connection with the issuance by the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, a public corporation and a political subdivision of the State of Minnesota (the "Issuer"), of its Tax Increment Revenue Refunding Bonds, Series 1984, dated as of October 1, 1984, in the aggregate principal amount of $3,650,000 (the "Bonds"), maturing February 1 of each year in the years and principal amounts and bearing interest at the rates per annum as follows, respectively: ?sL xdLIT, — — ------ -- -- - _ear - ----rnci ^- pal L�1011nL 1985 510,000 1986 135,000 1987 145,000 1988 155,000 1989 170,000 1990 190,000 1991 205,000 1992 225,000 1993 245,000 1994 270,000 1995 300,000 1996 330,000 1997 365,000 1998 405,000 A-2 inreri City of Shakopee ?nue Refunding Bonds, Tax Increment Rev( Series 1984 ?r 1, 1984 Dated as of Octobe "Page "z e issued as fully registered bonds without The Bonds ar, nomination of $5,000 or any integral multi- coupons in the de ,*rr•��'� ^,fes 'erre �surrtrs '�� �say�rile at the grin- q-1-p-rhQrA`�f_ . R,14 First Trust Company of Saint Paul (the "Toffice of "Trustee"), Paying Agent, or its successor as paying Trustee }, as agent. ined a Bond as executed and we have examined We have exam a certified proceedings and other papers as the law and sucl to render this opinion. deemed necessary ons of fact material to our opinion we have As to questi 'esentations of the Issuer contained in the relied upon repr ust described below, certified proceedings Indenture of Tr, Eications of public officials furnished to and other certi: !ertain matters, upon the mathematical veri- us, and, as to c ed by Fox and Company with respect to the fications provid is and the yield on the obligations acquired yield on the Bon( Is of the Bonds and upon certifications of with the proceec to use of proceeds of the Bonds, without the Trustee as arify the same by independent investigation. undertaking to v( e issued under and secured by an Indenture The Bonds ar as of October 1, 1984 (the "Indenture"), of Trust, dated �r and the Trustee. The Bonds are issued to between the Issue anding principal amount of the Authority's refund the outst al Obligation Tax Increment Bonds, Series $5,300,000 Speci es 1979 Bonds"), and a portion of the pro- 1979, (the "Seri nds will be deposited in escrow and used ceeds of the Bo purpose pursuant to an Escrow Agreement, solely for such )ber 1, 1984 (the "Escrow Agreement"), be- dated as of Octctweed ity and First Trust Company of Saint Paul, the Author esota. The Issuer has pledged a portion of Saint Paul, Minn ,nt generated by Tax Increment Financing the tax increme the "Tax Increment District") of Minnesota District No. 1 sing and Redevelopment Project No. 1 -(the River Valley Hou u -oject") to payment of principal and inter- "Redevelopment "Redevelopment The Bonds are subject to redemption prior es est the the Bonds. -ovided in the Indenture. mon as r Y P opinion and make no comment with respect We express n( of the security for or the marketability to the sufficient of the Bonds. examination, we are of the opinion, as of Based upon ou the date hereof: A-3 City of Shakopee Tax Increment Revenue Refunding Bonds, Series 1984 Dated as of October 1, 1984 Page 3 1. The Issuer is a public corporation and a political subdivision of the State of Minnesota, duly created and validly existing under the laws and Constitution of the State of Minnesota, with the corporate power to enter into and perform the Indenture and to issue the Bonds. 2. The Indenture and the Escrow Agreement have been duly authorized, executed and delivered by the Issuer and constitute valid and binding obligations of the Issuer en- forceable upon the Issuer in accordance with their terms. 3. The Redevelopment Project and the Tax Increment District are duly established and existing under the laws of the 5zate7 df i%rxO hhse—s-culPr -has pledged the rl��;y�„ i,,;�•-� pA;;t ��s defined in the Indenture) to payment of principal of and interest on the Bonds. 4. The Bonds nave oeeri arrzy'-alri.11uf iz�eG1 - K- .axea"��r� ^ti delivered and constitute valid and legally binding limited obligations of the Issuer payable from the Pledged Increment and other moneys pledged to the payment thereof under the Indenture. The Bonds and interest thereon do not constitute an indebtedness of the Issuer or the City of Shakopee within the meaning of any State constitutional provision or statu- tory limitation and do not constitute or give rise to a charge against the Issuer's or the City of Shakopee's gen- eral credit or taxing powers. 5. Under existing statutes, court decisions, and rulings, interest on the Bonds is exempt from federal income taxes, and under present Minnesota laws interest on the Bonds is not includable in gross income for State of Minne- sota income tax purposes, except Minnesota corporate and bank excise taxes measured by income. 6. The Series 1979 Bonds have been defeased pursuant to their terms. It is to be understood that the rights of the holders of the Bonds and the enforceability of the Bonds and the Inden- ture may be subject to bankruptcy, insolvency, reorganiza- tion, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent consti- tutionally applicable and that their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of equity. A-4 City of Shakopee Tax Increment Revenue Refunding Bonds, Series 1984 Dated as of October 1, 1984 Page 4 the date hereof, of Holmes & Graven, Chartered, Minneapolis, Minnesota. Dated this day of October, 1984. Very truly yours, O'CONNOR & HANNAN A-5 TO: Shakopee Housing and Redevelopment Authority FROM: Jeanne Andre, Executive Director RE: Acquisition of Northwestern Bell Property in Block 29 DATE: September 6, 1984 Introduction: On June 4, 1984, the HRA authorized appropriate officials to negotiate the purchase of a triangular parcel from Northwestern Bell at a price not to exceed $4.50 per square foot and preferrably at $4.00 per square foot. On August 28, 1984, the City Council authorized the purchase of this same land at the previously author- ized amount. Since the HRA is to purchase the property and an exact amount has not been previously authorized by either the HRA or City Council, the Finance Director has requested clear HRA action on this issue. Background: An offer of $15,000 was made by the City to Northwestern Bell for their parcel. The appraisal authorized by Northwestern Bell established the parcel at 3740 square feet (see drawing). The price per square foot would therefore be $4.01 per square foot if calculated on this basis. However the City Attorney commissioned a survey (portion enclosed), of Block 29 as part of the registra- tion proceedings for the railroad property the City recently ac- quired. The Engineering Department has calculated the size of the triangular parcel Northwestern Bell owns from this survey and deter- mined the size to be approximately 4262 square feet. This would place the price per square foot at approximately $3.52. No matter what size is used, the price of $15,000 for the total parcel is below the $4.50 per square foot maximum the HRA set for negotiations. Requested Action: Authorize appropriate City officials to purchase from North- western 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. SHAKOPEE C, 0. L../ Liu# i'• � . 2ND STREET , --20o. 00 1 1 108 -0 i 19772 ADD -N, I STORY, SSM' T. c BiT. 1964 1 PRK6. I STORY BSMT P I LOT 8 j A ry I () i- 1 ORIG. I Z33 m 1 2 STCR I E S SNIT 1 ALLEY --- 130.25 - Ie to � PLOT PLA( SCALE "I //��t0' CESS • 218 SONIMERVILLE AREA LOC -A- 191G5 EOPT I SX S EXR%SION : 2ND FLOOR . r /; 1952 16y-zs 5'1 R2. 0/ 1/ .,�••�'�._ _...y_.- ,., _ P' hiM1� !f` tl Yw m .. .i.,F ra. .,. .«w+.r.n,.,.x,.rs.az.u^r Ma�' ti_.� , � � � All IN, rl NT '� Q1�: 5��a �f �/t,.I �v` �"� . `',r �.✓ '# � "" � � 1, i a V \ i v 1 ! i �,1: E "I0 C: , r n { U I OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA AUGUST 28, 1984 Mayor Reinke called the meeting to order at 7:07 p.m. with Comm. Leroux, Wampach, Lebens and Colligan present. Comm. Vierling was absent. Also present were John K. Anderson, City Admr.; Judith S. Cox, City Clerk; Jeanne Andre, Community Development Director and HRA Director; H. R. Spurrier, City Engineer and Julius A. Coller, IT, City Attorney. Mayor Reinke gave a welcome address for the cable viewers and went over the times and procedure of the City Council. Cncl. Leroux asked if the City would like to archive the video tapes being made by the Access Corp, and dispense with the audio tapes. If so, the City should supply the tapes. He said it would be more expensive, but there would be a better record. Leroux/Lebens moved to research the cost and performance viability of ar- chiving video tapes vs. audio tapes. Motion carried unanimously. The HRA. Director said the business anticipated to be handled at the HRA meeting tonight will not be necessary. Wampach/Leroux moved to recess for an HRA meeting. Motion carried unanimously. Colligan/Leroux moved to re -convene the Council meeting at 7:14 p.m. Motion carried unanimously. Mayor Reinke reported on his meetings with the Racetrack regarding the re -financing. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda, and there was no response. Wampach/Leroux moved to nominate Charles Mensing to the Planning Commission. Leroux/Lebens moved to nominate Jane VanMaldeghem to the Planning Commission. Lebens/Colligan moved to nominate James Weeks to the Planning Commission. Colligan/Leroux moved that nominations be closed. Motion carried unanimously. Leroux/Wampach moved to nominate Steve Strehlow to serve on the Scott County Criminal Justice Advisory Committee. Motion carried unanimously. Discussion ensued regarding the advisability of increasing the number of on -sale liquor licenses, and whether or not this issue should be put on the ballot in November, 1984 or wait for a specific application. Cncl. Leroux felt that because of the number of large attractions in and around the City, allowances should be made for additional liquor licenses, perhaps 2 to 5, to enable businesses to serve the additional traffic that will be brought into the City, over and abovethe current population. His preference would be to put some type of qualifications and limitations on the applications before anyone applies, to avoid appearing arbitrary in granting the licenses. The City Attorney added that conditions can be placed on the licenses as long as they are applied equitably. However, he thought it might be hard to "hold" a license for a hotel/motel. Comm. Colligan stated he is concerned that there is no discrimination against the small business, by placing conditions regarding minimum size. Discussion continued. Shakopee City Council August 28, 1984 Page 2 Colligan/Leroux moved to direct staff to further research the possibility of allowing additional on -sale liquor licenses, by covering the following areas of concern: 1. Citations against a business, and specific procedure for when and how a license would be suspended or revoked; 2. Application of the new criteria against existing businesses; 3. Additional criteria could include noise restrictions, security, health and safety and hygeine regulations, size, percentage of food service, business investment; 4. Check with other communities that have a large hotel/motel/ entertainment area regarding their liquor license restrictions, if any. Motion carried unanimously. Jim Casserly, of Miller & Schroeder, went ever the revenue bond analysis for the Kmart fund. He said it is their opinion that a revenue bond is the best alternative for the City. He said it is with the annual surplus, after refunding, with which you can structure the GO bond, which would approach $3.5 minion doliars. 3his pian WU,ld be to care, back next Tuesday with a bond purchase agreement to set the price, with plans to close in the last week of September. Bob Pulscher, of Springsted, Inc., stated closing on the GO bond would follow in 45 to 60 days, about the first of November. The City Admr. expressed concern about the delayed date of closing, in view of the con- struction contract already let and others coming up. Mr. Casserly explained that the City can design a GO bond that will allow excess increment to be used for other improvements. He explained further. Cncl. Lebens thought the original Kmart bond was written to be paid in 8 years. Mr. Pulscher responded that it was originally talked about doing that, but by the time it was put together, it was a longer term, because of the other improvements wanted. He thought the term was to 1994. Cncl. Lebens explained that is why she has been against all the Kmart proceedings, because it would delay getting this property on the tax rolls for so long. Mr. Casserly clarified that the original issue hada teir.� pam2nt 7fi-`LC3ii;' but there was a question of having enough excess to pay it off earlier. Mayor Reinke asked for additional comments, and there were none. Mr. Casserly read a letter to the City Council regarding the issuance of tax increment revenue bonds for on-site improvements to the Racetrack site, enumerating the amount of work that has been done by Miller & Schroeder in anticipation of issuing revenue bonds. This was written in response to Mr Pulscher's letter, dated August 23, 1984 regarding various options available to the City relative to the on-site improvements to the Racetrack site. Mr. Pulscher stated that because of time constraints there are probably only two options for the Racetrack on-site improvements, which would be GO bonds on a public, comparison sale or a negotiated sale with Miller & Schroeder. He just wanted the City to be aware that in the future these other various options are available. Mr. Pulscher stated he is also seeking to clarify what his relationship to the City and participation in this bonding process really is. If his opinion will be sought, he has to have the full information from the begin- ning, and be able to request Miller & Schroeder to supply certain informa- tion. Discussion continued. Consensus was that there is an existing agreement with Miller & Schroeder for its involvement in the two bond issues from Kmart, and Mr. Pulscher will be involved also in both of them as a financial consultant for the City, similar to seeking a second medical opinion. The City Admr, clarified that if the Shakopee '84 Partnership does not get the re -zoning they seek later, they will not have a project for which to request IRB's. Shakopee City Council August 28, 1984 Page 3 7 Colligan/Leroux moved to re -convene the public hearing regarding the application by Shakopee '84 Partnership for $600,000 Commercial Revenue Note. Motion carried unanimously. The City Engineer stated he, other staff members and the developers are meeting with County Highway Engineer to cover some of the items neces- sary in the platting process of this project, which will include align- ment of Gorman Street and CR16 and CR17. Mayor Reinke asked if there were any comments from the audience, and there was no response. Leroux/Wampach moved to close the public hearing. Motion carried unanimously. Leroux/Wampach offered Resolution No. 2297, A Resolution Giving Preliminary Approval to a Project Under the Municipal Industrial Development Act; Referring the Proposal to the Energy and Economic Development Authority for Approval; and Authorizing Preparation of Necessary Documents, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Colligan, Leroux, Reinke, Wampach Noes; Lebens Motion carried. Leroux/Wampach moved that all of the requirements stipulated by the Build- ing Official, City Planner and City Engineer be met prior to any final approval of IRB's, including the resolution of the intersection of CR16 and CR17, all a part of the platting process. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. said he has not yet asked any potential nominees about their interest in serving on the Scott County Study Commission, and he would like some direction as to what areas to pursue, in addition to any more suggested names. Consensus was to only nominate someone who lives in the City, and has some government or corporate knowledge. Additional suggested names were Dennis Hron and Paulette Rislund. Leroux/Lebens moved to add Jerry Wampach to the list of nominees. Motion carried unanimously. The City Admr. stated he will poll these people and come back with a list of those interested. Mayor Reinke explained that because of the accidents and the danger on Hauer Trail, he would like to see an extension of the guard rails that are there as a temporary solution until the road is built. The City Engineer said he would like to see a City-wide policy on guard rails, with research on the matter commencing later, possibly November. He is concerned about improperly engineered guard rails. Colligan/Wampach moved to put up a temporary continuation of the guard rails that exist now on Hauer Trail. Motion carried unanimously. Cncl. Lebens stated she feels the packet of information to be sent out to the downtown businesses is much too long and involved, and she was looking more for a simple survey asking the businesses and building owners what they would be willing to pay to support a downtown project. The Comm. Develop. Dir. responsed that there have already been a number of questionaires regarding the downtown project, and at this point the Down- town Committee wants to clear up some questions and concerns that have come up at the two public hearings and discussions since then. At this point they are only asking for input as to whether or not Council feels the ques- tions and answers are well documented or if they want to add more. Cncl. Leroux said he personally went up and down First Avenue and talked with businesspersons and building owners, and he found a misconception in that many persons believed that once the Council adopts the concept plan Shakopee City Council August 28, 1984 1 Page 4 as presented, everyone will automatically receive a $10,000 to $16,000 assessment. This isn't so. He made some suggestions about doing the streetscapes in a phased -type program and looking at that after a certain point in time to see if the increased expenses is justified by increased business. He was also looking for a consensus of what kind of additional development the downtown would like to see, that would contribute drawing power. Only a couple of businesses downtown thought the decrease in traf- fic with the mini -bypass would be detrimental. He thinks this memo is very important in countering some of the misconceptions, such as that no one downtown will be assessed for the by-pass. Cncl. Lebens pointed out that there is no firm funding for the by-pass. The Comm. Develop. Director stressed that the concept plan has to be approved before serious discussion can take place with MnDOT, etc. Discussion continued. Gary Laurent, Chairman of the Downtown Committee, stated that this process of looking at the downtown started 31-2 years ago. At some point in time the Committee has to stop seeking information and share the knowledge they have gained, and look for approval to continue. He stated they cannot pre- cisely answer the financial questions at this point, but that is part of the next step in research they will be conducting, if there is approval of the concept plan. Some further research that has been done since the first public hearing indicates that the streetscapes may cost a lot less than estimated. All they are looking for now is some kind of community consensus that this is the direction they want to continue. He would suggest adding onto the memo the names and phone numbers of the members of the Downtown Committee. Iie said they continually invite people to attend their meetings to receive further information or to join the Committee. He added that be- cause of this plan and because there are areas designated for types of de- velopment, this indicates to developers that they are welcome to bring growth to Shakopee. Ed Dressen stated he has been in business for 14 years, been a property owner downtown and he hasn't heard anything of this from anybody or been involved in any surveys. Therefore, he thinks this memo is very needed. He said his biggest concern is the mini by-pass, as he thinks that is a mistake. The streetscapes and other improvements are excellent. He thinks the southly proposed by-pass will come in sooner than anticipated, and that might take care of the traffic problems without the need for the mini by-pass. The City Admr. suggested Mr. Dressen look at this plan in detail and look at the other plans to discover why this one was chosen to better answer the needs, and talk to the Downtown Committee about his concerns. Leroux/Wampach moved to send copies of this question and answer memo to every- one of the downtown mailing list, business owners and building owners, and also make it available in City Hall at no cost to anyone who expresses an interest. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved for a 5 minute recess at 10:23 p.m. Motion carried unanimously. Leroux/Wampach moved to re -convene at 10:29 p.m. Motion carried unanimously. Lebens/Wampach moved to terminate the probationary status of Toni Warhol effective August 8, 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Mayor Reinke questions the type of pressure tank, the price and the pressure rating of the proposed tank for Tahpah Park. The City Engineer replied. Leroux/Wampach moved that the City Engineer find out exactly what kind of pressure tank is needed and the exact price for Tahpah Park Sewer & Water. Roll Call: Ayes; Unanimous Noes;None Motion carried. The City Admr. and City Engineer gave further explanations of the background of the Stop Work Order issued for curb replacement at 980 Eastview Circle. The homeowner affected said there was a hole with metal around it where the curb had been, and they couldn't get in and out with their car. Shakopee City Council August 28, 1984 Page 5 7 Leroux/Wampach moved to authorize the proper City officials to contract with Siehndel Construction to remove and replace deficient curb at 980 Eastview Circle at an estimated cost of $2,130.00, and bill this work to Logeais, which is allowed under Section 7.06 of the City Code, and that this order be held for three days, allowing Mr. Logeais to perform the work, according to City specifications, within that time. Roll Call: Ayes; Unanimous Noes; None Motion carried. Mayor Reinke reported on a phone call he received to complain about noise and traffic at Richard's Pub. He suggests the business be seriously inves- tigated, and the liquor license looked at. Leroux/Wampach moved to direct the Police Dept. to investigate Richard's Pub for noise and closing time violations. Motion carried unanimously. Leroux/Colligan moved to authorize the proper City officials to execute a check to Northwestern Bell Telephone in the previously approved amount to be given to the City Attorney so that he might receive the deed to the property (part of Block 29, Shakopee City). Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Leroux moved to adjourn to an Executive Session to discuss the 84/85 Police Labor negotiations. Motion carried unanimously. Meeting adjourned at 11:01 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary w OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SHAKOPEE, MINNESOTA SEPTEMBER 4, 19b4 REGULAR SESSION meeting to order at 7GG p.m. with Cacl. Colligan, Mayor Reinke called the x and Lebens present. Also present were John K. Vierling, Wampach, Lerou dith S. Cox, City Clerk; Jeanne Andre, Comm. Develop. Anderson, City Admr.; Ju y Engineer and Julius A. Coller, II, City Attorney. Dir; H. R. Spurrier, Cit o recess to conduct an HRA meeting. Motion carried Wampach/Vierling moved t unanimously. to re -convene at 7:53 p.m. Motion carried unanimously. Colligan/Vierling moved rty owners adjacent to Block 24 have requested City Cncl. Wampach said prope ley in that block. action to improve the al request staff to research costs, options and City Wampach/Leroux moved to r work. in LIo-.k 2.4. carr' eA unLani-inously policy relative to repai is anyone who wished to address -the Couhcil on Mayor Reinke asked if there wz )d there was no response. any item not on the agenda, ar )rove the minutes of August 21, 1984 as kept. Colligan/Vierling moved to apl Noes; None Motion carried. Roll Call: Ayes; Unanimous give and file the letter from the League of Wampach/Vierling moved to recE �d August 22, 1984 regarding cable -casting the Women Voters of Shakopee, date z carried unanimously. City Council meetings. Motioi =_ive and file the letter from the City of Lons- Wampach/Vierling moved to reci agarding a Regional Meeting of the League of dale, dated August 17, 1984 r, ried unanimously. Minnesota Cities. Motion car ive and file the letter from Cal-Mech, Inc., Lebens/Wampach moved to recE ing a request for refund of a penalty. Motion dated August 30, 1984 regard carried unanimously. :umstances surrounding his attempt to get a per- Mr. Lopez explained the circ ied by Cal-Mech, Inc. at the Racetrack site. He mit on plumbing work perform [ny notice that a Stop Work Order would be issued, claims he was not aware of z immunication gap. He explained his problem in and there may have been a cc �d on his inability to obtain a dollar amount on securing the permit was bas( ie sub -contractor. He states there was no inten- the letter of intent from tt i he has never been double -permitted before. He tional delay on his part anc or all of the penalty money refunded. is therefore requesting somf its memo accurately outlines the events and Mr. The Building Official said I need for a permit. Lopez was well aware of the ive the penalty in effect as charged. Leroux/Vierling moved to le< Ls much too harsh and Mr. Lopez seemed to be a Cncl. Wampach thought this end his control, and he thinks the penalty should victim of circumstances beyi owed regarding the need for the City's procedures be waived. Discussion foil, Dn a job of this size, and the fact that double- to be followed, especially The Building Official discussed the option the permitting is a standard. ended permit. contractor had for an open end the motion charging the penalty half the Colligan/Leroux moved to am permit fee. es; Vierling, Leroux, Colligan Roll Call on amendment: Ay es; Wampach, Lebens, Reinke No tion failed. Mo Ayes; Leroux, Colligan, Vierling Roll Call on main motion: Noes; Lebens, Reinke, Wampach Motion failed. Shakopee City Council September 4, 1984 Page 2 The City Admr. expressed his concern with the message being given to all the other contractors on this huge Racetrack job, if no penalty is being charged for not obtaining a required permit. Discussion followed. Colligan/Leroux moved to charge Cal-Mech, Inc. half the permit fee as a penalty. Roll Call: Ayes; Vierling, Leroux, Colligan, Reinke Noes; Wampach, Lebens Motion carried. Leroux/Colligan moved to open the public hearing regarding the 1985 Revenue Sharing Budget. Motion carried unanimously. The Finance Director stated that the purpose of this hearing is to seek comments from the public regarding the use of revenue sharing money, which is now proposed to be spent in support of capital equipment. Mayor Reinke asked if there were any comments from the audience, and there was no response. Colligan/Lebens moved to close the public hearing. Motion carried unanimously. Leroux/Vierling moved to open the public hearing regarding the 1985 City Budget. Motion carried unanimosuly. The City Admr, explained that this is the formal public hearing to solicit comments from the public before the Council deals more intensively with the budget. Bill Anderson, Chairman of the Cable Commnications Advisory Commission, ad- dressed the Council in support of the Cable Communications budget, which, in turn, supports the Shakopee Community Access Corporation's budget. Mr. Anderson went over the figures and percentages involved, and stressed the Cable Communications Advisory Commission (CCAC) feels strongly that this first year is extremely important for the Shakopee Community Access Corp. (SCAC). SCAC is asking the City for one-third of its budget, intending to raise two-thirds of it themselves through an ambitious program of recruit- ment of members and seeking donations from businesses and corporations. He feels the City should be willing to support their goals and ambitions if they can do this in the first year, and get some real benefits out of cable T.V. Discussion followed with the City Admr. and Comm. Develop. Dir. regarding figures in the budget for salary and insurance, with clarification and re- finement to be brought back for the next meeting. Gary Morke, Chairman of SCAC, stated they feel their goal for donations is realistic, as they plan to contact many large corporations in the metropoli- tan area, not just Shakopee. Mr. Anderson stated that the City is a 5% partner in the cable business, and its support of SCAC can be a very positive statement for the community. He added that one of the main reasons for the funding problem is a decrease in penetration of cable from that which was projected, mainly because of an inability to bring cable into mobile home parks and apartment buildings. He also said it is the CCAC's feelings that by accepting SCAC's budget this year requesting 50% of the franchise fee, it in no way tied the City into keeping that percentage figure in the future. If SCAC is really off on its members recruited and donations obtained, they will have a hard time coming back next year with the same percentage request. Discussion followed regarding the need for a staff member working strictly on cable 50% of his time. The City Admr. stated this is strictly an estimate, and the time can be cut back if necessary. Staff is currently spending less than 50% on it, but they don't feel they are covering it adequately. Mr. Anderson added that sometime in the first 5 years a complete system analysis has to be done, financially and technically, which is a very time-consuming undertaking. Shakopee City Council September 4, 1984 Page 3 Mayor Reinke asked if there were any other comments from the audience, and there was no response. Colligan/Leroux moved to close the public hearing. Motion carried unanimously. Barry Stock, Transit Coordinator, informed Council that the City only re- ceived one proposal for the van pool system, and the Energy & Transportation Committee is recommending awarding the contract to Van Pool Services, Inc. He commented that a real benefit is that their administrative costs will be charged to MnDOT, rather than Shakopee, because they are already under con- tract with MnDOT to provide van services.to cities in Minnesota. Mr. Stock explained that the City is replacing the MTC service that currently exists, allowing flexibility of riding early van in and late van back with the flex -pool vans. The City will subsidize vacant seats on the van. The proposal is for 18 months. The City Admr. pointed out that this system has the potential for signifi- cantly reducing the subsidy currently paid to MTC. If the current riders of the heavily subsidized MTC buses can be transferred to the van pools, which hopefully will pay for themselves, this can be a great demonstration program to show a lot of cities how to run a transit service with little or no subsidy. Wampach/Lebens moved to accept the proposal submitted by Van Pool Services, Inc. for the van pool program in Shakopee, and authorize the proper City officials to enter into a contract with Van Pool Services, Inc., pending MnDOT final approval. Roll Call: Ayes; Unanimous Noes; None Motion carried. The Community Development Director presented memos regarding the value of additional right-of-way acquisition in the area of Market Street between Fourth and Seventh Avenue, regarding the abandoned railroad right-of-way. She went over the pros and cons and the possibility of the Housing Alli- ance being interested in a development in the area. Cncl. Leroux stated the only reason he could see the City involved would be to aid local property owners or developers to acquire the land expeditiously and within a proper dollar amount. He does not see the City's function as being a controller of the development by purchasing the land for other reasons or being in the land speculation business. Discussion followed. The City Attorney agreed that it would be proper and preferable for the City to handle the negotiations with the railroad as a practical matter. Leroux/Wampach moved to direct the City Attorney to contact the railroad with an inquiry as to the possible acquistion of available right-of-way as mentioned in the memos from the Community Develop. Director, dated August 29, 1984 and September 4, 1984, the actual acquisition and subsequent disposition to be settled later. (West of Market between 4th and 5th and in Block 52, Shakopee City) Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to make an offer of the railroad property, if avail- able, to the Housing Alliance or any other developer; that land to be priced at the acquisition cost plus any pending assessments and administrative costs. Consensus was that there would be no interest write-down in addition. Motion carried with Cncl. Wampach abstaining. Colligan/Lebens moved to authorize appropriate City officials to make final application for loan funds for the T.H. 101 By -Pass right-of-way. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to authorize appropriate City officials to enter into purchase agreements for an amount not to exceed the fair market value es- tablished by the Minnesota Dept. of Transportation, for the T.H. 101 By -Pass ht- f-wa rig o y• Motion carried. Roll Call: Ayes; Unanimous Noes; None Shakopee City Council September 4, 1984 Page 4 7 Wampach/Leroux moved to authorize City staff to negotiate with property owners to establish a different fair market value in the event the property owners are unwilling to accept the fair market value established by the Minnesota Dept. of Transportation, for the T.H. 101 By -Pass right-of-way. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Engineer explained the background regarding the possible change in bid price by Minger Construction for the Horizon Heights drainage pro- ject. Leroux/Lebens moved to table consideration of the quotations for the Hori- zon Heights drainage project until Busse Construction can be contacted, and to bring it back tomorrow at the meeting. Motion carried unanimously. Colligan/Wampach moved to authorize proper City officials to execute Change Order No. 3 for Tahpah Park Sewer and Water Service increasing the contract amount by $3,000.00 to $52,722.51, and increasing the calendar days for com- pletion by 45 days so that the completion date is now October 15, 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Leroux moved for a five minute recess at 10:02 p.m. Motion carried unanimously. Leroux/Wampach moved to re -convene at 10:13 p.m. Motion carried unanimously. Wampach/Colligan moved to authorize the correction of the hazardous sidewalk condition at the southeast corner of Fuller Street and Levee Drive at a cost of $350.00, plus $135.00 for a curb ramp. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Leroux moved to authorize the correction of the hazardous sidewalk condition at the southwest corner of Lewis Street and Levee Drive at a cost of $350.00, plus $135.00 for a curb ramp. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to authorize the appropriate City officials to make final payment to Westwood Planning and Engineering for the Shakopee traffic patterns study of $3,214.80, to be paid from the Street Sealcoat budget as previously designated. Roll Call: Ayes; Leroux, Wampach, Colligan, Reinke, Vierling Noes; Lebens Motion carried. Colligan/Wampach moved to authorize the appropriate City officials to make final payment to Westwood Planning and Engineering for the Shakopee geometric study for the mini by-pass of $2,804.73, said cost to be paid from the Down- town study. Roll Call: Ayes; Vierling, Colligan, Reinke, Leroux, Wampach Noes; Lebens Motion carried. Colligan/Vierling moved to amend the nominations procedure to allow voting on the same night as nominations are made. Motion carried unanimously. Colligan/Leroux moved to place in nomination to the Scott County Study Com- mission Dr. Robert Mayer, Rod Krass, Jerry Wampach, John Schmitt, Ray Foslid and Paulette Rislund. Motion carried unanimously. Discussion followed with consensus being to nominate the four persons receiv- ing the most votes, with each voting for four. Ballots were passed out by the City Clerk, Councilmembers voted, and the City Clerk tabulated the results as follows: Mayer: Leroux, Vierling Foslid: Leroux, Wampach Krass: Lebens, Leroux, Reinke, Wampach, Vierling, Colligan Schmitt: Colligan, Lebens, Reinke, Wampach Rislund: Colligan, Lebens, Reinke, Vierling, Wampach Wampach: Lebens, Leroux, Reinke, Vierling, Colligan Leroux/Vierling moved to submit the names of Rod Krass, John Schmitt, Paulette Rislund and Jerry Wampach for nomination to the Scott County Study Commission. Motion carried unanimously. Shakopee City Council September 4, 1984 Page 5 7 Councilmembers voted for the appointment of a new member to Planning Commission from among those earlier submitted for nominations; to wit, Charles Mensing, Jane VanMaldeghen and James Weeks. First ballot: Mensing: Colligan, Wampach VanMaldeghem: Leroux, Reinke Weeks: Lebens, Vierling Second Ballot: Mensing: Colligan, Wampach VanMaldeghem: Leroux, Reinke Weeks: Lebens, Vierling Third Ballot: Mensing: Colligan, Wampach VanMaldeghem: Lebens, Leroux, Reinke Weeks: Vierling Leroux/Wampach moved to remove candidate Weeks from the balloting because he received the least amount of votes. Motion carried unanimously. Fourth Ballot: Mensing: Colligan, Wampach VanMaldeghem: Lebens, Leroux, Reinke, Vierling Leroux/Lebens moved to cast a unanimous ballot for Jane VanMaldeghem to be appointed to Planning Commission. Motion carried unanimously. Colligan/Vierling moved to receive the petition circulated by Linda Muhlenhardt, dated August 14, 1984, requesting the vacation of road and utility easements, and direct staff to prepare the proper resolution setting a date for a public hearing. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved to authorize proper City officials to enter into an agreement for participation in Urban Corps Program between the City of Min- neapolis and the City of Shakopee for the period of July 1, 1984 and June 30, 1985. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach offered Resolution No. 2298, A Resolution Providing for the Issuance And Sale of $2,490,000 General Obligation Tax Increment Bonds of 1984, Series A, and moved its adoption. Leroux/Wampach moved to amend the resolution to change the date of the opening of the bids from October 9, 1984 to October 2, 1984 in the resolution and also in Exhibit A. Motion to amend carried unanimously. _ Rall-Cai--- amended: Avgs, Wampach, Leroux,Vierling_,- Reinke, Colligan Noes; Lebens - Notion carried. - Colligan/Vierling offered Resolution No. 2299, A Resolution Adopting Assess- ments for the Improvement of Block 1, Furrie's lst Addition by Sidewalk, Project No. 1983-2, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Cncl. Colligan discussed with the City Admr. the policy of public use of City equipment. Cncl. Colligan commented that he didn't believe the City should put up the flags for the VFW and American Legion, as that was one of the functions of those organizations in return for other benefits they receive from the City. Consensus was to invite Mr. Hamilton to the next regular meeting to discuss the issue further. Colligan/Leroux moved to adjourn to 7:00 p.m. September 5, 1984. Motion carried unanimously. Meeting adjourned at 10:58 p.m. Judith S. Cox, City Clerk Diane S. Beuch, Recording Secretary czm Shakopee City Council 7 September 5, 1984 Page 2 Council discussed the revenue estimates relating to building and plumbing permit fees and related the issue to the previous night's discussion on the penalty fee levied on a subcontractor for the racetrack. Staff explained that the revenue was not based on penalty incomes but rather regular anticipated building and plumbing permit fees. Council spent some time reviewing the City's procedures for determining the level of penalty that would be appropriate for contractors not obtaining permits in a timely fashion. Consensus was that staff should prepare a memo outlining the guidelines for the level of penalty provided under varying circumstances of non-compliance. The City Admr. indicated that staff would follow up. Cncl. Leroux noted that the ten year general fund summary report seemed to have an error. The fund balance for 1982 added to the net revenues for the year ended 1983 did not equal the year end 1983 fund balance. The Finance Director explained that because of uncollected taxes carried as receivables the audit report included an adjustment which was only reflected in the 1983 fund balance not in the detail preceeding it. It was decided that this discrepancy needed a footnote explaining it so it would be clearly understood. The Finance Director discussed the township's reaction to the proposed 1985 fire budget. He stated that Louisville Township had requested that they be able to pay for the proposed rescue truck over five years as had been approved by Council for the r } ,- � t, �r'l't't c^t t o^d'c v t c c'i'ci' v'Zi1 T11i`L�'t.: i t t L Sigi`. v vli`� c1i4 u� vt['u"i �. t'ia t. � t� www a &A, -V onv—i v i c iiL�' v`ZYl i fc c i' j^f a c i& L! - t t a -L!- i L and ane si1'f3 %r it for the purchase of the rescue truck. Vierlin jWam ach moved to recess for 5 minutes. Motion carried g P unanimously. Vierling/Wampach moved to reconvene at 9:04 p.m. Motion carried unanimously. The City Admr. then opened discussion on the proposed 1985-89 Capital Improvement Program. Council discussed and added two programs proposed by Planning Commission and made two corrections noted by Planning Commission. Council also decided that it was important for City staff to review the Scott County priorities established for the four county road improvements listed on the CIP and report back to Council. The City Engr. indicated that staff would meet with the County Engineering Dept. and obtain the needed information. Cncl. Leroux asked about the Highway 101 service road project budgeted for 1984. The City Engr. indicated that the cost for project had increased dramatically and that the Department of Transportation was not going to funded the increased cost. He explained that this effectively killed the project because the City did not have the revenues to make up the difference for the expenses. Council consensus was that staff should prepare a regular staff memo outlining engineering expenses incurred on the project to date and present that at the next regular City Council meeting. The City Engr. indicated that he would do so. The City Admr. indicated that he had one additional item of business under other business. That was the final court settlement on the lawsuit between the City of Shakopee and Parrott Construction. The City Admr. had indicated that the complicated case with several citations and a significant request in damages had been concluded with the judge awarding Parrott Construction $1,400 plus interest and some processing costs for a total settlement of $1,655.54. Lebens/Vierling moved to pay the $1,655.54 awarding by the court in the Parrott Construction vs. the City of Shakopee lawsuit. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to adjourn to September 11, 1984 at 8:00 p.m for a final meeting on the downtown concept plan at First National Bank. Motion carried unanimously. John K. Anderson, City Admr. Recording Secretary METROPOLIT AN WASTE CONTROL COMMISSION 350 Metro Square Building, Saint Paul, Minnesota 55101 222-8423 .%P 13.1984 E r f0 F SH A C September 10, 1984 TO: WHOM IT MAY CONC J?N FROM: Louis J. Breimhurst, Deputy Chief Administrator !- Metr000litan Waste Control Commission SUBJECT: Proposed Septage Management Program TIME: 7:00 P.M. - September 20, October 18, October 23, and October 24. Enclosed is a Notice of Public Meeting being conducted by the Metropolitan Waste Control Conmission on the above mentioned dates, to obtain public dis- cussion on a Proposed Septage Management Program. Your comrnnts concerning the proposed project are invited either in attendance at the Public Hearing or in writing to the Ccumission as described in such Notice. METROPOLITAN WASTE CONTROL 03�VaSSION PUBLIC 11EETING ON PROPOSED SEPTA(M MANA(M-= PROCWI The Metropolitan Waste Control Cammission will conduct public meetings to hear public int on a proposed septage Management Program and disposal sites. The meetings are scheduled as follows: Thursday, September 20, 1984 at 7:00 p.m. Empire Township City Hall, City Council Chambers 197th Street, 1 block East of Hwy 3 Empire Township, MN Thursday, October 18, Stillwater City Hall, 216 North 4th Street Stillwater, MN 1984 at 7:00 p.m. City Council Chambers Tuesday, October 23, 1984 at 7:00 p.m. Shakopee City Hall, City Council Chambers 129 East lst Avenue Shakopee, MN Wednesday, October 24, 1984 at 7:00 p.m. Coon Rapids City Hall, City Council Chambers 1313 Coon Rapids Boulevard Coon Rapids, MN The 7 -County Metropolitan Area has an estimated 60,000 individual, on-site sewage disposal systems. For reliable operation, these systems must have their septic tanks pumped periodically. The pumped material, called septage, has a high or- ganic and solids content. Septage in the 7 -County Metropolitan Area is disposed of by 1) land application; 2) discharge into the Metropolitan Disposal System (AIDS) either via a local sewer or the Commission's interceptor system; or 3) direct discharge into a wastewater treatment plant. The Commission does not allow any discharge of septage directly at Commission-a-med wastewater treat- ment plants, though septage from many Metropolitan Area on-site systems is discharged by Waste Transport Haulers to the N,DS at interceptor and local ccmmini.ty sewer sites. This practice has not been formally regulated by the Cannission, although individual ccnT unities exercise some control over septage disposal in their ccrmam-lities . A study was conducted by the r51CC and it was determined that the MDS can accom- modate the Metropolitan Area's septage provided that the septage is discharged at designated septage disposal sites located either tributary to or directly at one of the Commission's regional wastewater treatment plants. The proposed Septage Management Program consists of: 1) designating disposal sites; 2) permitting Waste Transport Haulers to use specific designated sites; 3) requiring periodic reports from Waste Transport Haulers on the amount discharged to the AI)S; Page 2 4) changing Waste Transport Haulers for use of the MDS (1985 load charge of $9.50 per 1,000 gallons); and 5) crediting ccanmunities in the Commission's cost allocation system for the volume discharged to the MDS by Waste Transport Haulers. The Septage Management Study reccnmends that septage disposal sites be established at the 12 sites that were approved by their respective community for inclusion as designated septage disposal sites within the Commission's Septage Manage-ent Pro- gram. The reccmTended sites are as follows: Site # CcmTunity 2 Shakopee 3 Brooklyn Park 4 Coon Rapids 6 Empire Township 10 Minneapolis 12 Minnetonka 14 Plymouth 16 St. Paul - 19 Shorewood Location Blue Lake MMI? on the North side of Highway 101 83rd Avenue North on County Road 18 L.S. #34 on Old Coon Rapids Boulevard Empire INI,7TP on West 197th Street 2nd Street North, just Southeast of 10th Ave. No. 11522 Minnetonka Boulevard (City Shop Grounds) L.S. #29 on Highway 55 and County Rd. 18. 3rd Street and Commercial Street Covington Read and Vine Hill Road South (County Road 78) 20 mite Bear Lake 1820 Whittaker Street (City Garage) 22 White Bear 'Town- Hugo Road and overlake Road ship 23 Forest Lake Gravel road East of Southwest 4th Street All interested persons are encouraged to ccnment on this issue. Persons may re- gister to speak by contacting Jean Bergal, rS9CC Public information Office, at 222-8423. Copies of the public information document on this subject can be ob- tained by calling Ms. Bergal. GAG IL 3 –7 X� RESOLUTION NO. 2302 A RESOLUTION OF APPRECIATION TO JOSEPH PERUSICH WHEREAS, Joseph Perusich served on the Shakopee Planning Commission from May, 1978 to September, 1984, and, WHEREAS, Joseph Perusich served as Chairman of the Planning Commission from Marcia, 1984 to September, 1984 and as Vice Chairman from February, 1980 to February, 1984, and WHEREAS, Joseph Perusich has unselfishly contributed many hours of service to the City of Shakopee during his six years on the Shakopee Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council, on behalf of the residents of Shakopee and on behalf of the City Planning Commission and the City Staff, that the Shakopee City Council does hereby extend to Joseph Perusich the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted of the City of Shakopee, _, 1 984 . session of the City Council Minnesota held this day of Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of a , '1984. City Attorney 9c, MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Scott -Carver Economic Council Request for Use of City Property DATE: September 14, 1984 Introduction The Scott -Carver Economic Council has been seeking a permanent home in which it could consolidate its various activities. The Council has several operations in leased space and has determined that a consolidated location in a building they owned would be an advantage to the Council. Siting of the Scott -Carver Economic Council City staff has worked with representatives from the Council for several months as they have looked at several locations. Clearly the Council would like to locate in Shakopee, the County Seat, because a higher percentage of their cliental come from Scott County. The City has the opportunity to bolster our efforts for downtown redevelopment if it can bring this 30+ employee office into the downtown. The Council's operation is one which would generate high traffic levels and would bring people from throughout Scott and Carver Counties to downtown Shakopee. Currently the Council is negotiating with the owner of the Minnegasco building on Lewis Street and has received support from the Scott County Commissioners in their effort to put together a financial package. The Commissioners and the Council have asked for ways to improve parking at the site and that is the reason for their letter to the City. The attached map outlines in red the existing building and in green the area that the Council would own and lease from the City for their facility. To obtain the southern portion of the area in green the Council is requesting that the City consider selling or leasing the railroad right-of-way it acquired across this portion of the parcel. This area is designated with the blue diagonal lines on the attached map. Finally, the Council has asked the City if it could also lease some space adjacent to the north side of the Library for playground facilities for their Head Start program. Alternatives 1. The City can decide not to provide the Council with the City owned adjacent property for parking. This would effectively end the Council's interest in the Minnegasco building as V Library and the Minnegasco building for parking with appropriate rea_i,irements for improvements. maintenance and with the >tion to purcha o� __ JkD .rect the appropriate City staff to draft a 10 year lease 2. Di .reement with the Scott—Carver Economic Council for space ae Library property for a Head Start playground. or. JKA/ jrr qeoff - emveh P'now cond, 9hc. Corporate Officers: Wallace Ess - Chairperson Chaska Sheila Hyde - Vice Chairperson New Prague Gordon Winter- Secretary/Treasurer Waconia Ms. Mary F. Sullivan Executive Director 420 Oak Street North CARVER,MINN. 55315 Phone: 448-2302 September 4, 1984 C A P ccm_u.I ACTION PROO.AM John Anderson City of Shakopee Administrator ,- . ;ss.KOPEE Shakopee, MN 55379 Dear John: On August 21, Virgil Mears, representing Scott -Carver Economic Council met with the Scott County Board of Commissioners regarding their cooperation and financial assistance in obtaining a building for the Scott -Carver Economic Council offices and programs. It is our sense that they are generally supportive of the idea and would like more information. The building presently housing Minnegasco is for sale and would be an excellent location. The amount of parking available for staff and program participants is unclear at this time. Our request to the City of Shakopee is to lease or purchase the land as noted on the attached map for parking purposes. We are also requesting the use of the property adjacent to the north side of the library to use for playground area for our Head Start children. We would be most willing to appear before the Council to further explain our plans. Thank you for this consideration. Sincerely, Mary F. Sullivan Executive Director MFS:gaf c. Virgil Mears "An Equal Opportunity Employer' zz-&/45 300 P/af OS0002tt:384' W � i 299.88 eas. SO002Y9'`Y M22 L--- Q +� -- - � a Icb 110, Zot ti C3 �7 -' Z6 /ripe o., 19/ock 29 _ 5 /5 E NO OS/S E 299.8/ iLleQs. —D G� s CYJ 900 P/a/ — — "" SOMERU/L!E s7RZTT MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: ICC and Planning Commission Recommendations on Performance Standards DATE: September 14, 1984 Introduction: At their August 21, 1984 meeting, the City Council referred back to the ICC and Planning Commission three items of concern regarding the proposed performance standards. These include: 1. Commercial recreation as a conditional use in the I-2 District. 2. Acceptable building materials. 3. Required setback to parking. (For complete proposed standards refer to memo dated August 17, 1984) Background: At both the ICC meeting on September 5th and the Planning Commission meeting on September 6th, staff presented several alternatives for each item of concern with both advantages and disadvantages of each. The following are the approved recom- mendations of each group: 1. Commercial recreation as a condtional use in the I-2 district. ICC Recommendation: Recommend drafting a definition for large commercial recreation facilities such as Valleyfair and the Racetrack so they can remain permitted uses, while other future uses will fall into the commercial recreation category as conditional uses. Planning Commission Recommendation: Recommend amending the ordinance to provide for commercial recreation as a conditional use. The existing commercial recreation facilities should have a concept plan and every time they change a certain percentage of the plan they have to come back for C.U.P. review. Once a concept plan is approved they are essentially a "permitted use" in the district. 2. Acceptable Building Materials. ICC Recommendation: Recommend to further define types of steel used in the construction of buildings and determine what is and isn't acceptable. Further they recommended that staff meet with Kevin O'Brien of Danny's Construction and others for the purpose of arriving at a definition of acceptable use of steel buildings for inclusion in the ordinance. Planning Commission Recommendation: Recommend clarifying the .language which: 1) Addresses visible portions of the building (the intent is to apply the acceptable building material to the front facade of building where it fronts a public roadway). 2) Addresses "places of public assembly" to regard public assembly adjacent to site, not occurring on own site. 3) Use of steel for front facade requires a variance. 3. Required Setback for Parking. ICC Recommendation: Recommend to exempt property which has been platted prior to date of performance standards ordinance, from the 15 foot setback. Planning Commission Recommendation: Recommend to keep proposed language which requires a fifteen foot setback when parking occurs in the front yard. 4. Landscaping Requirements: TCC Recommendation: A. Recommend that the requirement for the existing uses to comply with the tree planting every 50 feet along public boulevards within five years, not be adopted. B. Recommend that 40% of the distance along the front yard setback, behind which there is a parking lot, shall be landscaped and/or bermed to provide screening between the parked cars and dedicated roadway. Planning Commissison Recommendation: A. Recommend adopting the requirement for the existing uses B. Recommend previously proposed language on screening re- quirements. aff Recommendation: St It is recommended that the City Council determine how the rformance standards regarding commercial recreation qs a conditional pe e in the I-2 District, acceptable building materials, required us OM setback to 5`Iiz�ui2'u 'ri-e be adopted parking to amen Action Reguested: in the front yard, in o-r&er =or stall d the City code. and landscaping and screening 'to arai't li.nai 'language to Mntion _-to-clirect--teffi2a _I Rarryaag,I-,zasdu"UpO" Council recommendation, for proposed performance standards amend- ments and present it to the City Council for adoption. /ob MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Amendment to Subdivision Ordinance: Cul -de -Sacs DATE: September 13, 1984 Background: On September 6, 1984 the Planning Commission held a public hearing to consider amending the Subdivision Ordinance to provide for roads that terminate at regional facilities to exceed the cul-de-sac maximum length. At the meeting, the Planning Commission approved a motion to recommend to City Council that the amendment not be approved for the following reasons: 1. The language in the ordinance provides a means to deal with this issue through a variance. 2. The wording of the amendment language is too broad. 3. The traffic patterns in that area should be reviewed; perhaps Shenandoah Drive should be extended to CR 16. I have discussed the issue of whether an amendment is needed to address the new collector_ street. (Shenandoah Drive) It is the opinion of Rod Krass, Asst. City Attorney, that since the new road was not a part of a plat the subdivision language would not apply. Further it is the City Council's prerogative to order construction of the new street, at any length, to terminate at of Shenandoah Drive, official action was taken_ Staff Recommendation: It is recommended that the City Council deny the proposed amendment based upon the opinion that is not necessary in the case of Shenanaoah Drive. It is further recommended that the existing language in the subdivision ordinance regarding cul- de-sacs in plats remain unchanged. Action Requested_ Motion to deny the amendment to the Subdivision Ordinance to allow for roads that terminate at regional facilities to exceed the maximum cul-de-sac length. INCORPORATED 1870 * ENGINEERING DEPAR'rYIENT 129 F. 1st Avenue - Shakopee, Xinnesota 55379-1376 (612) 445-3650 T0: John :'K. Araderson, City Administrator FROM: H. R. Spurrier, City Engineer S� BJEC7" _ P rahm-Co 1 1 1st Addition Drainage I mpr DATE: September 14, 1984 I .NIT RODUCT I Cys A'v the request of Dean Colli gars this discussion item was p? aced .ten t -he agenda for September 18, 1984. It is my understanding at the .matter in question is the requirernerits fo-r- the dr ainarge r-.yst ern req u i red by Lot I, B l c-c'k 1, P -r ah rn-Call 1st Addition. SA C%:SP,C1UND I at -ached a Copy sof t -he memorandum I prepa7 ed for Mr-. LeRoy Houser, Building Official, in :response to his requests for site grading review fo v- Building Pe -Y -Mit No— 668. That memoran- dum is attached and is self explanatory. qt this paint the issue of a temporary second drive -way has been addressed and is no longer a c� =ncei-n. "'i ne crdrrer 'cry -x— su , discussed in the August , 1,984 memorandum have not been cor- r-ect ed and should be corrected before the per-manent Cert i f i cat e c,f Cccupany is issued. I want reiterate that the o-r-iginal storm water detention ba5'_ra proposed f�_er t' -1e plat was not a City of Shakopee design. I had not previously authorized any modification of the or-iginal drainage plan to delete the proposed storm water detention facilities and I did not permit grading modifications that resulted in slopes steeper than those proposed on the site grading plan. 'rev i. e w e d Steven Harvey' s proposed modification contained in Exhibit D, a copy of which is attached, and permitted that modification which brings the proposed facility into conformance with the _original drainage report prepared for- this Subdivision. 4 would again reiterate the iMPort ance of seeding, mulching ,arid fertilizing the disturbed areas as required by the drainage plan to p-otect the steep slopes froray erosion. Further, the owner should proceed to complete the construction of the berm specified in the attached letter from Steven D. Harvey, Valley johr. K. Andev-son September 14, 1984 P a g E: Eng inee-r- i rig, dated August 22' It is possible to complete this woy-k within 3 weeks and therefore, I recommend that the time comp lot ion be extended to Octo!Der 95 11384 at which time the Terjipoy-a-ry Ce'rti-Ficate of 0ccupan-v would expiv-e. ACTION REUUESTED: Motic:,n ti -D div-ect- the 3uildirig Official -11-D modify the conditions C. f the Tempo -rat -y Cel -t i f icate of Occupany foi- Building Permit No. 62268 to Spec ifY that the dia-tuy-bed areas roust be seeded, mul-chad and fent iliteed and that the bey-ro specified in the at- tached 4 et t el- 1-0fil St ever, D. Harvey, Valley E'ragineei-ing, and 1,:-i, ed August S, 19814 must be installed no later than October S, 1 9 S 4 unless exterided by action ol' Clity Council. Hr MrRs/prilp Nlv- kA n CY71- -13 V40i.108 9 Ztl.L -13 H-AIVM HIAH 8,k 001 9 NISVa X jj T7C7C -7 I$ ,-A4 r ` -J'._- V J7 A Fri TI LA 7� y. I 9ii (79 cr) 6A j� 09 f Irl ivm Itrn4 f( t7- 4,7tL r- < ci al- H-UVM H91H �!A,,Ool P, Rig: 't,x[r..vuevaec.u:u�a�tasns^say'rz'An2JRtiISJ['...ns.s*z'+..••'�^^..m+.... ..-�i44...^i..:.� MEMORANDUM TO: LeRoy Houser, Building Official "�J �_- FROM: H. R. Spurrier, City Engineer SUBJECT: Prahmcol1 First Addition Building Permit No. 6268 DATE: August ?, 1984 INTRODUCTION I am in receipt of a revision to the drainage plan of the above referenced subdi- vision and building permit. BACKGROUND This revision is required subsequent to your request for an inspection and re- lease by the Engineering Department of the Certificate of Occupancy. My onsite inspection revealed serious deficiencies in the site grading, major modifications to the site plan and major alterations to the Drainage plan. We have n1 -1w no=tified the owner arid the owner undrstands that no member of City Staff has the liberty of altering any action taken by policy making bodies. *slur e g 'z�t,'a, tF'h f'Z'r tt ;?z r rrr, r ri.\ ra t,av, fie w i-veri kiy any staff member. I have no objection to a Temporary Certificate of Occupancy with the stipulation th, A second drivowa.y is required but may be constructed after the owner has an opportunity to -apply for an ammendment to Conditional Use Permit No. CC -3518. Although there were major modifications to the site plan and although the Engi- neering Department should review those prior to construction, the modifications seem to effect only the restoration. The Temporary Certificate of Occupancy should stipulate that the disturbed ureas must be seeded, mulched and fertilized before the Certificate of Occupancy is issued. Finally, there were major alterations to the Drainage plan. As stated above, I am in receipt of a revision to the Drainage plan from Steve Harvey, Valley Engineering. From the revision I car, see that B3 per cunt of the regsiired stGr- age was eliminated. Por. Harvey recommended the installation of berms that would restore the detention. The Temporary Certificate of Occupancy should have the stipulation that the owner shall install the berm specified in the attached letter from Steven D Harvey, Valley Engineering and dated August 2, 1984 no later than September 14, 1984, unless extended by action of City Council. ACTION REQUESTED Add conditions to Temporary Certificate of Occupancy. knowledge: I' a m -Coll Prop. This is also a condition of the Certificate of Occupancy. Civil Engineers Land Surveyors Planners E.1, P.rahm 1192 Harrison Street Shakopee, Minnesota 55379 Dear E.L., (612) 447-2570 August 2nd, 1984 F'. CJ. �3eax 478, Suito 1200; 166*10 Franklin Trail S.E. Prior L aka, Fliinrle30ta 55372 Subject; prahmcoll j.3allro,,n We acknowled e g that 5tornrrater detention areas have been altered from the layout according �� g to the Storrrl•'rater 1vanage]aent Flan" dated January 2.5, 1984 which we s as part of the plat approval process. Our understanding is that the whichalterwe submitted made to preserve trees and to utilize the present low ground in the trees for storn�,ra was detention. The area available for stO-Mwater d(ctent-ion was increased as a result sl- aif ti ter ng the north line of tFae i;ing lot 65 feet north of its planned location. of On July 31, 1984 we undertook a field surve available area. The resultsy to measure the cavity of the are shocm on the attached drawing labeled "Exhibit A." The as -built ponding capacity and the required volume is shown in the followin g table. Location Storage Volume in cubic flet Design High Water Elev, PZ Built Pwq r d As Basic. A Built (West of Drive -.,ay) 1016 5754 743,2 Basin B (East of Driveway) 783 4975 742.9 TOTAL 1,799 10,729 As built, the capacity for stormwater detention is only 1'/% of the design value. One hundred percent of the design value can be achieved by constructing shallow berms as shown in the attach(_,d drawing labeled "I,xhibit B." The berms need to be constructed approximately one-half foot higher than the present grade. The top of berm elevation should be 744.0. Proposed capacities are compared as follows. Location Storage Volume Design :in cubic feet High Water As proposed Req'd As proposed Basin A (West of Driveway) 6600 5754 743.7 Basin B (Last of Driveway) 6500 4975 743.3 TOTAL 13,100 10,729 Since time is of the essence we have concurrently submitted a copy of this proposed alternative to the city engineer for approval. Please contact me if you have question_--. Sincerely, Stevan D. Harvey, P.E. Valley Engineering Co., Inc. it i <10 L r �g 13 ilJ OIJ00 l � 2W.�A . j31�d N9IH 8,k 0" ! I �.. 'Sill '? 800-7-4 I O 7rt, t7l NI --4 C;g IN av rf 1, All cry w MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Request for Vacation of Utility and Roadway Easement DATE: September 13, 1984 Introduction The City has received a petition, properly signed, requesting the vacation of a utility and roadway easement in Section 24-115-22. Council directed preparation of the proper resolution setting the public hearing date for consideration of the request. Backwround The State law governing vacations provides that if the Council, after conduting a public hearing, decides that the vacation is in the public interest, it may vacate the land concerned by passing a resolution to that effect. No street or alley may be vacated unless vacation would be beneficial to the public interest. Before Council adopts a resolution setting a public hearing, Council may wish to consider the attached memo from the City Planner. Alternatives 1. Adopt Resolution No. 2301, setting a public hearing. 2. Deny request for vacation based on the fact that Council believes the vacation would not be in the public interest. 3• Table request for further information. Recommended Action Move that the petition requesting the vacation of a utility and roadway easement located within the NW% of NW% of Sec. 24-115-22, submitted by Linda Muhlenhardt be denied because the vacation would not be in the public interest, and because the city previously requested in court that the easement not be terminated. MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Request for Vacation of Road and Utility Easements DATE: September 13, 1984 Backuround: Regarding the request by Linda Muhlenhardt for the vacation of a road and utility easement in the NW 4 of NW 4 of Section 24, the following information may be useful to the City Council in determining whether the vacation should be granted: 1. The easements were granted to the City of Shakopee in September 1981 for public utility and roadway purposes. 2. The easements provide access to the Muhlenhardt property and to property owned by Everett J. Keith, B4 L2 Horizon Heights 3rd Addn. Mr. Keith was issued a variance and building permit in May 1984 based upon the use of these easements. 3. On July 2, 1984 the City received a summons and petition from Ms. Muhlenhardt's Attorney regarding the termination of easements. On August 7, 1984, Judge John M. Fitzgerald, of the First Judicial District Court dismissed the petition. 4. A response by Rod Krass, dated July 24, 1984, contends that Ms. Muhlenhardt would not suffer irreparable harm if the easements were terminated, but Mr. Keith and the City would. Further none of the property (easements) were taken without due process of law, and the easements themselves are .clear, unambiguous, and not subject to Ms. Muhlenhardt's interpre- tations. Staff Cecommendation: Since the City has previously requested in court that the easements not be terminated it is recommended that Council not grant the request for vacation. RESOLUTION NO 201 A RESOLUTION INITIATING THE VACATION OF' PART OF AN EASEMENT FOR PUBLIC UTILITIES AND ROADWAY PURPOSES LOCATED WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 24-115-22, SCOTT COUNTY MINNESOTA WHEREAS, A petition has been received by abutting property owners requesting the vacation of that part of an easement for public utilities and roadway purposes legally described as follows to wit: The Westerly 60 feet and the Northerly 60 feet of the South 396 feet of the North 725.85 feet of the West 330.15 feet of the Northwest Quarter off' the Northwest Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota, and The Northerly 60 feet and the Westerly 60 feet and the Southerly 60 feet of the South 396 feet of the North 725.85 feet and the East 330.15 feet of the West 660.30' of the Northwest Quarter of the Northwest Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota. WHEREAS, It has been made to appear to the Shakopee City Council that the said easement serves no public use or interest; and WHEREAS, A public nearing must be had before such action can be taken and two weeks published and posted notice thereof crust be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, That a hearing be held in the Council Chambers on the 16th day of October, 1984 at 7:30 p.m., or there- after, on the matter of vacating that part of an easement for public utilities and roadway purposes located within the City of Shakopee, Scott County, State of Minnesota, legally described as follows to wit: The Westerly 60 feet and the Northerly 60 feet of the South 396 feet of the North 725.85 feet of the West 330.15 feet of the Northwest Quarter of the Northwest Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota, and The Northerly 60 feet and the Westerly 60 feet and the Southerly 60 feet of the South 396 feet of the North 725.85 feet and the East 330.15 feet of the West 660.30' of the Northwest Quarter of the Northwest Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota. BE IT FURTHER RESOLVED That two weeks' published notice /( 0/ oe _given' oy p'ubiication - in the _ SHAK_OPEE VALLEY NEWS and posted notice be given by two weeks' posting a copy of such notice on the bulletin board in the main floor of the Scott County Court House, on the bulletin board in the Shakopee City Hall and on the Bulletin Board in the Shakopee Public Utilities Building. Adopted in session of the Shakopee City Council, Shakopee, Minnesota held this___ day of , 198 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of ____2 198. City Attorney TO: John K. Anderson, City Adwinistrator FROM: Jeanne Andre, Executive Director, Shakopee HRA RE: Acquisition of City Property in Block 29, OSP DATE: September 7, 1984 RVIT470TOM9..• The Shakopee Housing and Redevelopment Authority (HRA) is purchasing land in Block 29, City of Shakopee Plat, from Northwestern Bell Telephone. The HRA would also like to acquire 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 dev-els-nuent � ,n , ;ho udy�_�;s�vy.,.wlith' Th'e 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 City has acquired this parcel in small components over time and a complete record of the acquisition isn't available. The documented acquisition price by the City is $5,150 for these parcels. The City Attorney is now registering the City's title to all land in this block which it currently owns. He has cautioned aSai".st aroj transfer of property until the registration is complete. However to expedite the handling of this transaction when the registration is complete, a motion by City Council at this time would be helpful. Reouested Action: Authorize sale of City property in Block 29, Lots 9 and 10, to the Shakopee Housing and Redevelopment Authority at a price of $5,1507 contingent upon the successful completion of title registration of this property. IId Memo To: John K. Anderson,, City AdminiaLY'Aor From: Gregg N. Wc1; nd, Finance .Di_rucLol. Re: Devclopnys Deposit- for 1?asLview Date: September 18, 19£34 introdurtion S Background Eastview Addition improvements were built and aPsse,sY under a developers agreement tilt provided for assessment pay-off of 1502 of the remaining balance of each lot as it was sold. The 50% was kept on deposit with the City rind that deposit plus a direct addition to the deposit. by Mr. Char d, now has put the c_mount: on deposit equal to the money needed to pay off all delinquent, current and hnIances plug; an amount equtll_ to penalties :and interest on specialassessments. The Council needs to pass ROSOJ ULIon 02307 abaL ing the delinquent and current assessment plus inrerest: and penalties because this is the required process to take the assessments off tyle county records. Act i on Ronuest cd W., R PPO i nt i on No, 2307. RESOLUTION NO. 2307 A RESOLUTION ABATING SPECIAL ASSESSMENTS FOR EASTVIEti ADDITION WHEREAS, The City of Shakopee has contructed and specially assessed certain improvements in Eastview Addition; and WHEREAS, the developer, pursuant to the Developers Agreement, has seen adding to the developers deposit for Eastview; and WHEREAS, the City has on hand in the developers deposit for Eastview, an amount equal to the delinquent, current and remaining balance of unpaid special assessments plus an amount equivalent to penalties and interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That delinquent and current special assessments plus penalties and interest are abated as per the attached schedule, Adopted in ''LP', session of the City Counci o£ the City of Shakopee, Minne to h d this"" day of 1984. `-Ka'yor of the City of Shakopee ATTEST: City C erk Approved as to form this 47C day of1984. City Attey�,_ EVRAY Ek-- T I 'I EIJ %ECIAL A,- 9/1904 &TEPEET = 21 1 14 PAPLEL OUR WN 11 N Arl wour- P -r. En?. E--VAJIQO CAID MOT IM 12 M4 5R 110.12 MV 10 5,41. 0 U M2. FUMY =;:7 -- - 1_ ."'4 � -2. . _,- " Q? 74 IMTEPE.'i 31", H -,c :A, -.� TIMN 1121 07 1 M. V 141 48 H7 V ijj.-,P(� J01.43T 144P 0 1-54 51 117? 12 W- 9 041 L11 SU PEN:I. i T 204 , • 17 ti 1 74 INTEPEST V! 12 1 lip 55 41 9.11P i` ? rAL 2-,-21 1- 7 I -Al 1.:.. 141) 1 ZMMM C&PO MOMT 1411 12 10052 I1'.'-.72 Ll K! Po! -q. rj -- 'i 4,<:q .� 1-5. It � . '� 8 <2 too 7:1 INIEFAE-1 Z:53. R 21935 11.71.1 MTV 9RMTa 26H.17 1&1 10 1451.40 li's U., 0+PD AHOUNT 1463.02 154 52 1172.72 1150.1, 5041 U K! PENALTY E; 4 'i 17. INTEPF.1, 11 53 _i:-.. FUBP!Tq, &021,97 1:41.. IC 1451 AR U&I ii, _ -Mmf& CAM AOMT 361 It "55.74 07 51 079 WE 3A1., K LE BL5 PEH4. 1"f 121.1. �4 105 8.1 K. 1 04 U !NTEPEST Z 1`, -1 .C1 I-!7. --4 =.5 1.? poll-, TORTOTS 1110.17 C85 12 872 15 715 1- Uwcmv5 .", CHAIP11 k0i.kff 211.0 755.74 717.18 09.38 T&L-:: L? Rz P6,44 T"', 12:3 :'.4 "'.) t:'.,` ., _ ?7.::1 04 H PE -- ,, 'F,7 'j 7 ft�_ 55, IE', _ , 17 TINION. 117.1 1- TI! t::H.4rT -IfioUri i ey I At 755 14 717 A ;7§ 4 MY Lli, 45 PFN�C D 12(1 -_ 4 1 Ij 5. 8 7!-; 07 ) 1 M 14 N i F E. T '-- C.- -.; :11 5, i loc. F '41EMPAt. 11':*, 17 � .'L 714. Lit PK poll T 1 124.0 105.0 loc K 07 1 i P, fi� TE PE: T I 'Mffiffli , rOOOHT 95A9 5.-5 45 LA BLE T lot 41 ASS 3� L@ BU? 20VEM&I LOMMP AITO f TO 4' W A 9� T CW-Pr. Ai I 9049 05 A Ll K5 27—r'-«-4-0 LUf-EHR A001.10T L1EL! Etl FEW N VT MSL 11% W w f by -. 9 Le R PENALP! RA 3 UP. fL bddo dyG2nLPC A g t t L7 P-Ll PEWI !! 99999= Rgz �qutf r 50 45 5AA5 U-6 BL! LOCUI: A"JUNT tw d tF? 72 L3 BL--' PE��'.LTY too V W we, INIERES 45,9 OUL 1451.48 WCH'i FE 0 L�L M3 PCHAL g pi 1. 4*1 ED 4-*, INT FIT 45 V; ARMW 2274 ---------------------- --- TOTAL 4173 10 ;R4 ": 5 NE 15 MEMO TO: John K. Anderson, City Administrator FROM: LeRoy Houser, Building Official RE: Double Permit Fees DATE: September 7, 1984 Introduction: You have requested a procedural outline for my use of the double fee - it is as follows: Should a contractor make contact with me prior to starting a job, and he indicates he does not have enough data to secure a permit at this time, and he feels he must start at least the first phase of his project such as piping, trenching or whatever, I contact the Planner and Engineer to see if they have a problem with it. If they do not have a problem, we authorize him to proceed on a limited basis for a specified period of time. Should the time run out or he exceeds the limit of work authorized, we contact him again and insist he provide us with all required data and obtain a permit. In this case no double fee is levied. Should he refuse or fail to provide us with the data and secure a permit the fee is doubled. Should someone tell his contractor to "stay out of City Hall" (as has been the case in the past), and do not secure a permit, we levy a double permit fee. Should a home owner start without a permit, we contact them, explain the permit process, request them to secure a permit if required and do not double fee him. If he refuses to obtain the required permit, we double fee him after the City Attorney has processed him either by letter or Court. Your question as to,"Do we ever levy less then double fee?" I attach a code section dealing with the penalty. There is no provision for anything less then double the building permit fee. To do so would be extremely arbitrary and would have to be done at Council level. For me to assess one person 10%, another 40%, another 80% and another 100% would lead to charges of double standard application on my part. This would be strictly a Council function. The penalty fee is referred to as an investigative fee in the code. Alternatives: I. Reduce penalty by Council action. 2. Leave penalty clause intact and stay with it as we have in the past. 3. Rule on each individual penalty by Council. Anderson/Houser Double Permit Fees September. 7, 1984 Page -2- Recommendation: Leave penalty fee intact and don't tamper with it. Action Requested: None needed. LH:cah Attachment i UNIFORM BUILDING CODE 304 i Fees ! i Sec. 304. (a) Permit Fees.'I'he fee for each permit shall be as set forth in Table I .:, No. 3-A. _ of value of The determination under any of the provisions of this code •,.i shall be made b}the building official. The value to be used in computing the ; building permit and building plan review fees shall be the. total value of all mit is issued as well as all finish work, construction work for which the per painting, rooting, electrical, Plumbing, heating, air conditioning, elevators, fire extinguishine systems and any other permanent equipment. ti ib) Plan 6evicw Fees. \vhcrt a plan or other data are rcyui+cd to tx subrniUed �. by Subsection tbl of Section '02. , plan review fee shall be paid at the time of submitting plans and spp citi,:atiuns for review. Said plan revi.wfee shall be 65 percent of the building peri'lit fee as shown inTable No. 3-A. Where plans are incomplete or changed so as to require additional pian review, an additional plan review fee shall be charged at the rate shown in T')le No. 3 A t d Itioiaatiort of !'tan Review. Applications for which no Permit is issued M. of application shall exp,re by limitation, and within 18Q days followinc the date and other data submitted for rcvicw may thereafter be returned to the pians plansaant or destroyed by the building official. The building official may extend applicthe time for action by the applicant for a period not excecdin 180 days upon request h}' the applicant � howing that circumstances bc; and the control of the applicant have prevented action from being taken. No application shall he extended more than once. in order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (d) Investigntian Fees: Work wit a Permit. i_ Investigation. Mlenever any work for which a permit is required by this code has been conuncnced without 'first obtaining sriJ perrnit, a special investigation shall be made before a permit Pa'' may be issued for such work. collected 2. ?. Fee. An investigation fee, in addition to the permit fee, shall tnolle w hethcr or not a permit is then or subsequently issued• The investigation n tee shall be equal to tote amount of the permit fee required by this axle. The ininitnum investigatum fee ',lea+ll be the. satire as the minimum tee set forth in Table No. 3-A- The paytttent of such investigation fee shall not excuipt any person from contph ance with all other provisions of this code nor from any penalty prescribed b� taw. (e) Fee Refunds. 1. "fhe buiitiing official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. ?. The building uifici't ri wlee ttinvlworkzc tt as bhe en d refunding `undLr a Perot,it h sued ^c paid �rmit f. Percent of the pt 1 ; in acct+n anc.e with this code. , 3. Th building official ma}' authorize the refunding of not more than 80 I percent of the plan review' fee paid when an application for a permit for which a y been paid is withd'rown,or canceled before any plat, reviewing plan review fee has is done. Che authorize the refunding of any fee paidexcept building official shall not 34 1 i 1 � I 1 ll MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Roof Top Unit - Police Station DATE: September 14, 1984 Introduction: The following is submitted per your request on a review of the existing and proposed heating unit at the Police Station. Background: The existing roof top unit was special when the building was constructed. It is a Carrier Zone Mizer Multi Zone heating and cooling unit. At the time it was installed, it was a new concept to the heat- ing and cooling industry. Actually, it would be termed a pilot model. A year into the heating season, we and many other consumers had found that the unit was too complex, too difficult to regulate, had too many parts to fail and in general was a poor design. The proposed variable volume replacement unit is more simplistic and has its zone controls in the duct work, out of the elements, and there should be considerably less maintenance. The estimated cost is $30,000.00. To install floor mount up draft furnaces at this time would be difficult. In addition, we would have to install a separate air conditioning unit. Thi T h�5'� iviii 5!21 2i?i �r"y' Scur_c ee indicate the proposed system is the way we should go. Alternatives: I. Leave system as is. 2. Hire consultant to analyze system and make recommendation. 3. Install new system as I have outlined. Recommendation: Install new unit as outlined in this memo. Action Requested: Authorize staff to adver tize for bids for the installation of -------------- -- a new HV AC system for the -Police Stat - -ion.-- LH:cah Attachment OOf curb dimensions'� �- COMPRESSOR, CONDENSER AND CONTROL BOX END OF UNIT — — i - (034,040) i ONLY ELECTRICAL RUNOFF I' 08„i 0 OUIT 6 024,028 030) SHEET ONLY `'� I �- `PITCHED � -_, � DOWN SEAL STRIP BASE UNIT SOME ENGAGEMENT HOLES IN FLANGE SEE NOTE3� \ \� I 2-LPOWER SUPPLY A " 2Z FPT CONN.ON CURB \ i 034 040 ONLY (EXCLUDES o \\\� HEATERS) \ o 1 4 8` B I I �4" I JOINT DETAILACCES SORY ROOF VIEW CURB UNIT POWER SUPPLY ! ���/RETURN �! r' FPT CONN. ON CURB t AIR \ 016, 024,028,030 ONLY /' \��\ OPENING (EXCLUDES HEATERS) G F �-' 6 -7 E END ZONES \ /- j 10 -ZONE UNIT ONLY \ \ ZONE MODULE 74 \ SUPPLY AIR OPENINGS �s CONTROL (8) ZONE I= FPT CONN. \ MODULESJ�7 ON UNIT �\ 7s.° lifi 3 4 5OMEO34, 040 (12 ZONE) ,\7;1I)q 5 ZONE MODULE END CURB DETAIL � ��b �2 V-43°°50ME028, D630 (10 ZONE 7'-31" \ / I -3' °' / 50MEQD 24) �7°° 1° ZONE MODULE //i (}` 156 69„ \\ / / 5 i (820NE� SUPPLY AIR /� / b (� 84" MODULES) 3°° 716 OPENINGS bQ l\ /.h 10 \\ 54 �8�9 \' %moi' a 1, 02 °+I e.. 32 L616 RETURN END b� i / / p4°° - IOC SUPPLY GLYCOL CONN ZONES .ONLY ii / S FPT ON UNIT \ i \ �5 ` / 7°_ti3 ELECTRIC RESISTANCE pEVAPORATOR(ZONE MODULE)AIRFLOW .�ATERS POWER (8) 4 4 He KO ON UNIT �. / i / NOT USED ON 50ME016,024(8 ZONE I° 316 v / ELECTRIC RESISTANCE * MODULE UNITS) I, 5g„ r HEATER POWER NOTES 1. FOR ADDITIONAL INFORMATION SEE 16 \ // O� 41'°KO ON UNIT BASE UNIT PHYSICAL DATA AND + ; / a 9 DIMENSIONS. I11' I'-4TI6 _I_46i6 RETURN 2. MAXIMUM ALLOWABLE UNIT PITCH IS GLYCOL CONN. 4'- 4 jIN.IN IOFT IN ANY DIRECTION. —10E2 ° 2°�FPT ON UNIT SUPPLY 3. REMOVE SHIPPING BRACE BEFORE ASSEMBLING CURB SECTION (LOCATION SHOWN). Certified dimension drawings available on request. UNIT DIMENSIONS (ft -in.) - 48MA p 016 024,028,0300 18- 21/ 034,040 21-11'/6 B 7- 3 7-113/4 C X11-9 g D 5-6/4 6-7'/16 E 72'/6 .8 4/,6 F 1-109/6 2 9�/6 G 2-2116 3 1 H 6-03/ 6-8' J 0 71/2^_ -1C) b ase unit dimensions (50ME) BASE UNIT 50ME CONDENSER AIR INLET GRILLES ON UNITS 034, 040 i -- A G / RIGHT SIDEto 6 FRONT !FDRAIN -4 MPT — �i�/' (2 ON EACH SIDE) 6 034,040 UNIT POWER C— A SUPPLY 2L" KO FILTER ACCESS PANELI IN BOTTOA OF UNIT' ' (BOTH SIDES) FRONT CONTROL' BOX - (EXCLUDES HEATERS) LEFT SIDE51, D IOT2 �" � 633 ELECTRIC RESISTANCE HEATERS ALTERNATE GLYCOL �.5a 4 2 CONN. 3�'�FPT RETURN j CONN. SUPPLY 1} FPT 7 7. ON UNIT �- 016,024,028,030 UNITS 2„ POWER SUPPLY 2" KO IN BOTTOM OF UNIT CONTROL BOX �.'� 3'.4^ TO (EXCLUDES HEATERSI 3. 4 105 EDGE Is RETURN AIR Tz OF OPENING DETAIL 3.7i6 UNIT CONDENSER AIRFLOW NOTES 1. SPACE REQUIRED FOR SERVICE AND AIR FLOW ALL AROUND ELECTRIC RESISTANCE AND ABOVE UNIT IS 36 IN. 2" FPT HEATER s MAIN POWER GLYCOL - CONN. 4—g K0. 2.FOR ADDITIONAL INFORMATION CONN.--V_�-- SEE ACCESSORY ROOF CURB DIMENSIONS, SUPPLY RETURN IOr� 10 5 „ 67 3. CENTER OF GRAVITY IS WITHIN 32 1 9SN 61N. RADIUS OF GEOMETRIC 4'- 015'1 ( ELECTRIC RESISTANCE CENTER OF UNIT. I's1 HEATER% MAIN POWER 4 MAXIMUM ALLOWABLE PITCH OF 1 4'. - 4 CONN. 4g K.O. UNIT IS SIN. IN IOFT IN ANY DIRECTION. Certified dimension drawings available on request. UNIT DIMENSIONS (ft -in.) Y 5 0M EApB 016,024,028,030 J 7- 2'/,3-0'/,6 C D 1 2 2157;8 E 13-.5'/i1 F� 3-7'/6 G 7-3'/6 H J 0-33/8 0-3'/e 034,040 7-11 3-915/6° _17-11%6 21- 9'/16 4-215;8 f 13-5'4 J 4-4 8 6'/. 0 215/6 0-7/4 *Overall height, includes 1 3/4 -in. for fan guards (50ME034 and 040). 10 s K f iIn Lu 1 1 s+� x � - r P M. T _V C-) 1-- ::-5 M PA, K C-) F:" =_ FF ... .......... INCORPORATED 1870 * ENG VEERING DEPAPI'MENTA * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K_ Anderson, City Administrator FROM : Steve Hu-rley, Information Systems Co-ordinator RE_- Computer Tape Back -Up DATE: Septernbe-r- 14, 1984 7NTRODUCTION: -t 1ias-� become o - necessary tb e q J, n b.�-tc!Pirig um p copui- tefiles I , i r, a more e f f ici ent ni a riner. BACKGROUND�- Originally included in the City, s "Corlipute-T.- System" proposal W & s a device cal'ed a Streaming Tape St_--tck.-up. It was decided tu::1 Puy -chase the unit right ak-.;ay since initial back-ups could be done on floppy disks. Floppy disk back-ups are quick- ly becomming unwieldy. Of the million bytes of stov-age a v a a b'_1. e On hard disk, 10% is Y-1 OW] used for file storage. These 271 million bytes Mahar-, f ul ly d u p 1. i cated occupy 7 floppy diskettes. The entire 20 million bytes would occupy G3 floppy disks. It is becomming increasingly time consuming and ineffi- f:_7irant to back-up or, floppy disks. The tape back-up unit would require 2 tapes alternated daily. The entire 20 megabytes can be backed -up on one tape in about E. m i; r, u t e s . =trll I n g i ape hiacK-up ILI r, -1 T 1s ­.' I , -� 0 V-1 - V3;D - ,tent has current ly budgeted $1,600.00 i n u's graphic arts projector which has be of limited use. action would result in increasingly floppy disks just to store the backed -up iciency due to increase in time needed 71 s t e ri-i This action would allow a con- disk on- di-,k with minimal man-hours expended. oppy I disks that r are currently being 'f I I he cost 0 _r Urge �'G V, e 4 The Engineering Departi lor an enlarging/reduc since been deterrs. ined to P,-' T E-- R NA T I V E S -. Do nothing: Taking this I la -r -ger expenditures for files plus loss of eff to back-up hard disk -E-:. Pu�--chase tape back-up s, tinuously backed -up hard it , L w o 1-11 d a'so free the used -F(:,, back-up. Jc-hn K. Priderso ra Septeri-tber, 1114, l-3,84 Page 2, RECOMMENDED AC-rTON: -i A -ho purchj--Ase the tape back-up wi`h 1 V �-io�rizEi a budget revisJon money budgeted for the p-r:Djoctci-. REQUESTED ACTION. - A, nlot i c'n t C, a u t h c, r, i z e a bi-idget nevision u: irnq funds budgated b,J, t h e E n g i rl e E.- 4- -ri g D P- pa -r- t m e n t f _2 gi-a phi c al-ts P-rojector, t p k -I Y- c: h 0S, e -LA c:,,,, ph e r- sty-ea:1--,Eape back-t-ip unit fi-orn Dffice I Pl-,-odlucts rDll ly! iy-,:nesio ta 117c -r- $140-10. 00 pluEl cost of rainoy- fflofifi- c a -- i c. n t ::, t- 'n e S t e a Y- ra s C1,7D r3i p L, t o i-- t c, a c c c, ra rz, d a t e t h e I -t r, i t . CEF-I /P ril P Bo St evE� T TO: MAYOR, COUNCIL MEMBERS FROM: TOM BROWNELL, CHIEF OF POLICE SUBJECT: IDENTIFICATION CARD PROCESSING EQUIPMENT DATE: SEPTEMBER 11, 1984 INTRODUCTION Taxicab licensing code 6.22 requires the City (Police Department) to issue a photo identification card to each driver licensed by the City. The driver is required to display the license in full view of passengers for the purpose of identifying the operator in the event misconduct or fraudulent business practices should occur. Also to identify the operator to law enforcement officers as properly licensed by the City. BACKGROUND The City does not have the necessary equipment to produce a photo identification card and there are no local venders who have the capability of producing a laminated, tamper -proof card. Funding for taxicab licensing is obtained by a annual fee schedule of $250.00 per taxicab company and $25.00 for each driver and $15.00 for each vehicle. The equipment would also be used to provide city staff with identification. The equipment cost is $2,400.00, we have priced used equipment, however, it did not function well, the quality was poor and the availability of supplies over an extended period of time was questionable. RECOMMENDATION Authorize the police department to purchase photo identification card processing equipment at a cost of $2,400.00. COUNCIL ACTION REQUESTED Authorize the police department to purchase photo identification card processing equipment at a cost of $2,400.00. l T r NNMNN NN7uNN(NNNI. r + W+ N r/- � `.. U Vf U U 1,h VI %A V1 tN .0 y! V1 f r vl r Iiq Vf MI M Vr ut� r v( 4 'CO m 000 i 1 '.n ,�M'.:: r �a'aD•0+. PO.aa�,O� aM r P r .PPP.PaQ r i , ooaco ooao�ajj{{Pa{�00 r o r ods©'o00 ► °' I* • ( W s a .+ W WtpWwkmwlr1 W WW1 W W r N r !NN N N N N 0 N ♦• O m k �+UM%Urenww%AiAwtou!vl r O o00om ♦ 00 n r P O• o. P O. 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I ........ -71 ......... ......... ........ . . /' .` /�k~- 4, Bid Tabulation County 83 Widening Project 84-.71 Shakopee, Minnesota Planholder/Address Total Bid C.S. McCrossan, Inc. Do AD $1G2,713.75 Osseo, MN 55369 Alexander Construction 14561 Johnny Cake Road $185,565.G7 Apple Valley, MN 55124 Lund Asphalt 3214 Butternut Circle $185,798.30 Prior Lake, MN 55372 Az. Mueller & Sons E31 Park Avenue $187,113.20 Hamburg, MN 55339 /|ardrives, Inc. 7200 Hemlock Lane $200,045.55 Maple Grove, rN 55369 Valley Paving 0050-D Hwy. 101 $2�5,281.35 Shakopee, MN 55379 Bid Tabulation Trunk Highway 101 Intersection Improvements Project No. 84-8 Shakopee, Minnesota Planholder/Address Total Bid C.S. McCrossan, Inc. Box AD $358,830.16 Osseo, MN 55369 Hardrives, Inc. 7200 Hemlock Lane $40G,681.34 Maple Grove, MN 55369 Alexander Construction 14561 Johnny Cake Ridge Rd. $430,361.06 Apple Valley, MN 55124 Of INCORPORATED 1870 x ENGINEERING DEPARTNENT * 29 E. Ist Avenue - 55hye, Minnesota 55379-1376 (612) 145-369, TO: John K. Anderson, City Adrainis-1171, FRON: H. R. Spurrier, City. E-ngino-ei- SUBJECT: ShakeOff ope Racet)-ac -Site In p p v e o e , t s DP,TE- Supt e ri-, be r : 4, 1 '2 S L. !!'�,ITRODUCTIONlm T��,a City of Shakopei-_- wili open bids on September 17, 1984 for Shenandoah Di-- i ve const'r uct i on, count y 33 1 mprovement s, and St' -Ate Trunk Highway ICA1 intev-SeCtion Ir.o:i)rovernents BACKGROUND: These three p-�-ojects s--2p-r-esent iappy-c-oximately 41% of the Off-site iimprovements, requi-rad fo- the -racetrack and added to work now approximately 78% of the Off-site uncer contract, replr�eserlt After t�hE­ bids are ope-ned Septernbe-r- 17, 1984 the Engineering Department will -revievi the bids and prepare a recommendation fon alwa-rd that will be on the table Sc­ptenibev- 18, 1984. HRS/PMPP < /1 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Department of Natural Resources Request to Designate Certain Properties in Shakopee as State Wildlife Management Area DATE: ,September 14, 1984 Introduction The attached letter from the DNR was received on September 12, 1984. Jon Parker's letter indicates that the DNR has three requests: 1) approve the land as a State wildlife management area; 2) permit hunting at some level in the area proposed; and 3) enter into a long term agreement with the Department of Natural Resources (DNR) which would give the DNR assurances that the area in question could be used for hunting and trapping in the future. Problem Item One: The DNR's purchase of the land for a State Wildlife Management Area is in keeping with the City's Comprehensive Plan for use of the Minnesota River Valley north of the river. It is also in keeping with the Minnesota River Valley Development Plan. Finally, in recognition of our new Downtown Plan the City Engineer has indicated that any agreement should include the DNR's support for the City's planned roadway improvements along the western side of 169 including the bridge widening. Item Two: I have attached an excerpt from the City Code, Section 10.20, which covers dangerous weapons and articles. The underlined portions of Section 10.20 under Subd. 4 indicate the restrictions that would be on the property in question. It appears that Council would have two alternatives, Note - Numbered 1 and 2 on the attached code section, if it chose to support the DNR's request. I have reviewed the DNR's request with the Chief of Police and he indicated that he saw no problem with their request provided that Section B.1 that states, "that only B -B guns, shot guns with shot shells, or bows and arrows are used" be applied to the agreement. The Chief' also noted that Eden Prairie is allowing hunting along the north side of the river. Item Three: After discussing the matter, if City Council wishes to proceed the appropriate City staff could draft an agreement that would incorporate the key sections of the Shakopee City Code. The item that would then have to be determined is the length of the agreement. According the Jon Parker from the DNR, the DNR is willing to discussing this but would prefer the longest term possible. Alternatives 1. Support the DNR's purchase of the property and their plans to place it in a State Wildlife Management Area. Council can decide for or against their plans which would have an indirect impact on the State's plan to purchase the property from private property owners. The area in question would conform to the State's Minnesota River Valley Plan and Comprehensive Plan if it were treated as State Wildlife Management Area. 2. The City can decide for or against assisting the State in making it a viable Wildlife Management Area by modifying its present City ordinance or making an exception to its hunting ordinance as noted in paragraph C in the attached Code section. The DNR will probably not proceed with the acquisition if it cannot add the area to as State Wildlife Management Area and allow hunting and trapping. If Council chose not to change its ordinance it probably would directly impact the DNB's decision to purchase the property in question. Council, if it considers modifying its ordinance, should look to the future to determine whether or not this would be detrimental to high density residential development along the southern side of the river as part of our Downtown Redevelop- ment. Recommendation Staff recommends that Council support the DNR's efforts to acquire the property in question and place it in a State Wildlife Management Area. Staff recommends this because it is in conformance with the Minnesota River Valley Plan as endorsed by the City and the City's Comprehensive Plan. Moreover, it would enhance the attractiveness of the Shakopee area for hiking and other outdoor activities while complimenting the regional trail which will run along the south edge of the river in this same area. Finally, through an agreement with the DNR to permit hunting the City has the opportunity to obtain the DNR's agreement in support of the City's plan to widen Highway 169 to the west to improve downtown traffic flows and support our marine proposal as part of our Downtown Plan. Action Requested Pass a motion endorsing the DNR's acquisition of a portion of the Minnesota River Valley as outlined in their map attached to their September 11, 1984 letter, and direct staff to draft an agreement with the DNR which would accommodate hunting in this area within the requirements set forth in Shakopee City Code Section 10.20, Subd. 4 and which would secure a committment from the DNR to support the City's efforts to widen Highway 169 to make highway improvements and support our marine proposal in conjunction with our Downtown Plan. JKA/jms r Jon M. Parker Area Wildlife Manager 223 Holmes St., Room 101 Shakopee, MN 55379 City Council of Shakopee c/o John Anderson, City Manager Shakopee, MN 55379 Dear Sirs: IM' • `241 1111 111sill FILE NO September 11, 1984 The Department of Natural Resources is considering the purchase of about 230 acres of land in Scott and Carver counties for designation as a State Wildlife management area. Approximately one --half of this land is within the. corporate limits of Shakopee (see attached map). I have been instructed to confer with the two city councils involved in this proposal before initiating acquisition. Wildlife Management Areas are for the most part open to public hunting and trapping, and this proposed area is in a portion of your city which is closed to all shooting. I therefore respectfully request that this matter be placed on the Councils Agenda at the earliest possible meeting, preferably ncL,,t Tuesday, September 18. The owner of the land will be leaving town for the winter at the end of September. I would like to discus possibilities for public hunting and trapping under your current ordinance and/or any possible changes in the ordinance which might be desireable and mutually agreeable. I would also be interested in exploring the possibility of negotiating a long-term agreement with the City giving assurances of continued hunting and trapping on this proposed Wildlife Management Area. I appologize for the short notice and brevity of this request. If you have questions, please call me. Sincerely,Z/ �(r Jon If. Parker cc: Roger Holmes, Chief, Section of Wildlife, DNF. Roger Johnson, Regional Wildlife Supervisor, DNR AN EQUAL OPPORTUNITY EMPLOYER OD �C) °' i =_ OW n S s XY y� 9r + O m C� Zu m + -i D 3 - I n +� Cji CARVER rF 4k n Z �0 v ..i m LA n D " w m o Ti ; Tl 0 0 :7 L� Ln (r, i z r, -1 Safety 1 � SEC. 10.20. DANGEROUS WEAPONS AND ARTICLES. Subd. 1. Acts Prohibited. It is unlawful for any per- son to: A. Recklessly handle or use a gun or other dan- gerous weapon or explosive so as to endanger the safety of another, or B. Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or un- loaded, at or toward another; or C. Manufacture or sell for any unlawful purpose any weapon known as a slung -shot or sand club; or D. Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically; or E. Possess any other dangerous article or sub- stance for the purpose of being used unlawfully as a weapon against another; or F. Sell or have in his possession any device de- signed to silence or muffle the discharge of a firearm; or G. Permit, as a parent or guardian, any child un- der fourteen years of age to handle or use, outside of the par- ent's or guardian's presence, a firearm or air gun of any kind, or any ammunition or explosive; or H. Furnish a minor under eighteen years of age .'.,, with a firearm, air gun, ammunition, or explosive without the written consent of his parent or guardian or of the Police De- partment. Subd. 2. Exception. Nothing in Subdivision 1 of this Section shall prohibit the possession of the articles therein mentioned if the purpose of such possession is for public exhibi- tion by museums or collectors of art. Subd. 3. Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fire- works, air gun, air rifle, or other similar device commonly re- ferred to as a B -B gun. Subd. 4. Exceptions. A. Nothing in Subdivision 3 of this Section shall apply to a display of fireworks by an organization or group of organizations authorized in writing by the Council, or to a po- lice officer in the discharge of his duty, or to a person in the lawful defense of his person or family. This Section shall not apply to the discharge of firearms in a range authorized in writ- ing by the Council. B. Nothing in Subdivision 3 of this Section shall apply to hunting or target shooting if the following provisions r are observed. _1. That only B -B guns, shot guns with shot shells, or bows and arrows are used. -232- 4-1-78 Subd. 5. Possession and Sale of Fireworks. It is un- lawful for any person to sell, possess, or have in possession for the purpose of sale, except as allowed in Subdivision 4 of this Section, any firecrackers, sky rockets or other fireworks. Subd. 6. Exposure of Unused Container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unused refrigerator, ice box, or other con- tainer, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same acces- sible to children, without removing the doors, lids, hinges, or latches. Subd. 7. Use of Bow and Arrow. Except as otherwise provided in this Section, it is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community -wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range authorized by the Council. Subd. 8. Model Rockets. It is unlawful for any person to fire or set off model rockets except under supervision and re- quired approval of the Council. Subd. 9. Fireworks Defined. For purposes of this Sec- tion, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a vi- sible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, tor- pedoes, skyrockets, Roman candles, daygo bombs, sparklers, or other fireworks of like construction, and any fireworks contain- ing any explosive or inflammable compound, or any tablet or other device containing any explosive substance and commonly used as fireworks. The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25 hundredths grains or less of explosive compound are used, and toy pistol caps which contain less than 20 hundredths grains of explosive mixture. 4-)-78 -233-- 2. That shooting is done on contiguous tracts of at least forty acres. 3. That the person shooting either owns or has the written permission of the owner of the tract. _4. That the gun is not discharged within 500 feet of a building or public road. � 5. That the area within which the shooting a RtEiawci y -"arid-ColintV - ,State Aid Highway 16, and east of Spencer Street and County Road 79. C. Nothing in Subdivision 3 of this Section shall apply to the discharge of firearms in such areas, and under such r-ondi.ti.ons of supervision, as the Council may specifically_ per , jnit. Subd. 5. Possession and Sale of Fireworks. It is un- lawful for any person to sell, possess, or have in possession for the purpose of sale, except as allowed in Subdivision 4 of this Section, any firecrackers, sky rockets or other fireworks. Subd. 6. Exposure of Unused Container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unused refrigerator, ice box, or other con- tainer, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same acces- sible to children, without removing the doors, lids, hinges, or latches. Subd. 7. Use of Bow and Arrow. Except as otherwise provided in this Section, it is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community -wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range authorized by the Council. Subd. 8. Model Rockets. It is unlawful for any person to fire or set off model rockets except under supervision and re- quired approval of the Council. Subd. 9. Fireworks Defined. For purposes of this Sec- tion, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a vi- sible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, tor- pedoes, skyrockets, Roman candles, daygo bombs, sparklers, or other fireworks of like construction, and any fireworks contain- ing any explosive or inflammable compound, or any tablet or other device containing any explosive substance and commonly used as fireworks. The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25 hundredths grains or less of explosive compound are used, and toy pistol caps which contain less than 20 hundredths grains of explosive mixture. 4-)-78 -233-- HEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Indirect Source Permit DATE: September 14, 1984 Introduction As part of the Race Track approval the City of Shakopee agreed to be a co -applicant for the Indirect Source Permit (the document that includes all the PCA requirements). In that application we agreed to enter into an agreement (draft attached) with the PCA to make certain roadway improvements. Agreement Attached is the follow-up agreement. It has been reviewed by the City Engineer and City Attorney and they find it acceptable. Alternatives 1. Approve the agreement. 2. Modify the agreement. Recommendation Council is committed to entering into an agreement with the PCA and since the one attached is acceptable staff' recommends approval. Action Reauested Authorize the appropriate City officials to execute an Agreement Between the City of Shakopee and the Minnesota Racetrack, Inc. to Insure Compliance with the Requirements Set Out in Indirect Source Permit if84-3 (ISP) for the Shakopee Racetrack. JKA/jms /( 0 Agreement Between the City of Shakopee and the Minnesota Racetrack, Inc. To Insure Compliance with the Requirements Set Out In Indirect Source Permit #84-3 (ISP) for the Shakopee Racetrack THIS AGREEMENT, made as of the day of , 1984, between the City of Shakopee, a municipal corporation of the State of Minnesota (sometimes hereinafter referred to as "City") and Minnesota Racetrack, Inc. (hereinafter referred to as "MRI"). WITNESSETH'. 1. That the City has previously approved Resolution No. 2268 in which the City agreed to be co -permittee in the Indirect Source Permit ("ISP"). A copy of the Resolution is attached hereto as Exhibit A. 2. Pursuant to paragraph 11 of the ISP, the City guarantees construction and full operation of the following roadway improvements by July 1, 1986, which roadway improvements are listed in the "Description'' section of the ISP: "The North-South Collector Street will be at the western boundary of the racetrack site. It will be a four -lane 9 -ton suburban design collector street. It will access from TH 101 southerly to Fourth Avenue South and to the west entrance at the racetrack site. The Valley Industrial Park East-West Street will be a four -lane 9 -ton urban design (excluding storm sewer) roadway which will connect Valley Park Drive with CR 83, and lead traffic to one of the east entrances to the track. Widening of CR 83 will result in a four -lane urban design facility from TH 101 to the north entrance on the east boundary of the site. Widening of Valley Park Drive will result in a four -lane 9 -ton urban/rural roadway between TH 101 and the proposed Industrial Park East-West Street, including a 1000 -foot extension, and will include right -turn lanes and gravel shoulders. These roadway segments will become major access routes to the site for traffic arriving from the east. TIT Widening of Fourth Avenue will result in a two-lane rural section between the North-South Collector Street and CR 83, with right -turn lanes to the north entrance to the site and at the intersection with the proposed north -south collector. Intersection improvements on TH 101 include: at CSAH 18, an acceleration lane for right -turning traffic from the north; at Valley Park Drive, intersection upgrading, including signalization and right -turn lane from the south; at CR 83, intersection upgrading, including traffic signal and right -turn lane; at the proposed North-South Collector Street, intersection upgrading, including signalization and right -turn lane." IN WITNESS WHEREOF, the City pursuant to Council authoriza- tion, and MRI have caused this Agreement to be executed and attested to by their duly authorized officers, all as of the date first written above. 4775] CITY OF SHAKOPEE By Mayor Attest___________ City Clerk MINNESOTA RACETRACK, INC. By Its President -2- MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Joint Powers Agreement between the City of Chaska and the City of Shakopee for Use of Shakopee's Sewer Televising and Sewer Jetting Equipment DATE: September 14, 1984 Introduction The City Council, at various Goals and Objective Sessions, has encouraged staff to seek opportunities in which expensive specialized City equipment can be shared among City departments and/or neighbor- ing communities. The City of Chaska approached Shakopee recently with a desire to enter into an agreement for use of our sewer televising and sewer jetting equipment. Council was informed about these discussions through an informational item. Implementing Agreement The City of Chaska has drafted the attached Joint Powers Agreement which has been reviewed by the Public Works Director and the City Attorney. The City Attorney recommended two changes which have been incorporated in the contract and reviewed with the City of Chaska. Upon approval of the agreement by Shakopee the City of Chaska will place it on their agenda for formal action. This particular Joint Powers Agreement should be considered as a trial program and I would recommend that we review the program after 12 months even though the contract is open ended. The agreement continues until either community chooses to terminate it. Alternatives 1. Approve the proposed agreement between the City of Shakopee and Chaska for use of the City of Shakopee's sewer televising and sewer jetting equipment. This arrangement will assist the communities by enabling Chaska to avoid a major capital outlay and providing Shakopee some income from the usage of this specialized equipment for the City of Chaska. Only time will tell if the program is beneficial to both communities. 2. Reject the proposal and take the position that the City should not make extensive use of its specialized equipment available to other communities. This alternative would allow the City to extend the life of its specialized equipment. 3. Approve the sewer televising and sewer jetting agreement between the City of Shakopee and Chaska with modifications as determined by Council. // r Recommendation City staff recommends alternative No. 1 for the reasons listed above, and that a review of the agreement take place 12 months after its approval. Action Requested Authorize the appropriate City officials Televising/Sewer Jetting Joint Powers City of Chaska and the City of Shakopee be reviewed after 12 months to determine to the benefit of both communities. JKA/jms to enter into a Sewer Agreement between the and that said agreement whether it has worked SEWER TELEVISING/SEWER JETTING lC JOINT POWERS AGREEMENT BETWEEN THE CITY OF CHASKA AND THE CITY OF SHAKOPEE This agreement made and entered into this day of , 1984, by and between the City of Chaska, a municipal corporation in Carver County, Minnesota, (hereinafter called "Chaska"), and the City of Shakopee, a municipal corporation in Scott County, Minnesota (hereinafter called "Shakopee"), WHEREAS, Chaska is desirous of contracting for sewer televising and sewer jetting services, and WHEREAS, Shakopee presently has equipment to undertake such services, and manpower to train Chaska's personnel how to utilize said equipment properly, and WHEREAS, it is deemed mutually beneficial to both communities to cooper- ate in the provision of these services, and WHEREAS, Chaska and Shakopee are authorized under Minnesota Statutes to enter into joint powers agreements for the provision of municipal serv- ices, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Shakopee shall provide to Chaska on an as -needed basis, not to interfere with Shakopee's needs and work schedule, sewer televising equipment and sewer jetting equipment. 2. Shakopee shall also provide the manpower necessary to train Chaska's personnel the proper use of said equipment. The cost of this will be borne by Chaska and billed to Chaska at regular manhour rates as is consistent with Shakopee's personnel billing policy. 3. The hourly rate for the use of the above stated equipment will be established annually by Shakopee who shall notify Chaska in writing, of the established rate on or before January 1st of each calendar year. The hourly rates for 1984 are established as follows: Sewer Televising Equipment - $25.00 per hour Sewer Jetting Equipment - $25.00 per hour 4. Chaska shall also reimburse Shakopee it's normal maintenance and repair costs arising from Chaska's use of above mentioned equipment. 5. Chaska shall reimburse Shakopee for aforementioned services provided within 30 days of receipt of an invoice preferably on a monthly basis. 6. Chaska agrees that it will indemnify and hold Shakopee and it's agents and employees harmless from any and all claims for damage or injury caused by negligence of Chaska or it's agents or employees or Shakopee or any of it's agents or employees in the course of the provision of services under this agreement. 7. Except as otherwise specified herein, Chaska shall not be obligated to / or responsible for or liable for the compensation or indemnity of any Shakopee employee performing services to Chaska under this agreement for injury or sickness arising out of his employment and Shakopee agrees to hold harmless Chaska against any such claim. 8. It is understood that the above mentioned equipment is vehicular in nature and that Shakopee shall provide and carry the proper vehicular insurance on this equipment as is consistent with (Minnesota State Statute. 9. This agreement shall become effective upon completion of the signing of this document by both parties below and shall continue for an indefinite term unless recinded or terminated in accordance with it's terms. Either City may terminate this agreement by giving the other City 60 days written notice of it's intention to terminate the agreement. This agreement may be amended from time to time by mutual resolution of the City Councils of the respective cities. IN WITNESS WHEREOF, the City of Chaska has caused this agreement to be signed by its Mayor and attested by its City Administrator and the City of Shakopee has caused this agreement to be signed by its Mayor and attested to by its City Administrator al-. pursuant to prior authorization by the respective City Councils. CHASKA By Tracy D. Swanson, Mayor And David Pokorney, Administrator SHAKOPEE by Mayor And John Anderson, Administrator MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: "On Sale" Intoxicating Liquor Licenses - Limited Plumber DATE: September 13, 1984 ntroduction On August 28th, Council directed staff to research further, the possibility of allowing additional on -sale liquor licenses by covering certain areas of concern expressed by Councilmembers. Background I. Existing City Code - The current City Code contains the following restrictions in issuing on -sale licenses, in addition to state law: a. Licenses not granted to persons of questionable moral character or business reputation. b. Licensees must furnish surety bond, insurance policy and pay fees as provided. C. Council shall revoke a license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of beer, wine, or liquor upon premises of the licensee, or if such revocation is mandatory by Statute. If' it shall be made to appear at the hearing thereon that such violation was not wilif'ul, the Council may order suspension, provided that revocation shall be ordered upon the third such violation or offense. d. Hours of consumption, removal of containers and closing. e. No license shall be granted for operation on any premises upon which taxes, assessments, or, installments thereof, or other financial claims of the City are owned by the applicant and are delinquent and unpaid. f. A license may be denied due to a prior conviction of a crime if' such conviction directly relates to the occupa- tion. g. A $200,000 minimum investment is required for licensing premises not previously licensed prior to January 1, 1978. h. Any establishment containing more than 4,000 sq, feet must qualify as a restaurant receiving at least 50% FA of its gross receipts from the sale of food for consumption on the premises. 2. Additional restrictions or criteria - Council may wish to consider adding to the existing code, or adopt by resolution, or a combination of both, in considering applications for on -sale liquor licenase. a. No licansee shall be granted to or held by any person who has willfully violated any law of the United States, the State of Minnesota, or any other State or Territory, or of any local ordinance regarding the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor or whose liquor licanse has been revoked for any willful violation of any law or ordinance within the preceeding 15 years. b. A manager of a corporation must possess the same qualifi- cations as if he were the applicant. C. No delinquent or unpaid taxes to the State. d. A restaurant must have a dining area, open to the general public, with a total minimum floor area of 1200± square feet. e. A hotel must have a dining area, open to the general public, with a minimum floor area of 900± square feet. f. A restaurant or restaurant within a hotel shall be conducted in such a manner that the principal part of the restaurant business for a licensing year is the serving of foods. g. At the time of license renewal, the applicant shall submit proof to the City that not less than 40% of the gross sales of the restaurant is in the serving of food. h. No liquor shall be made to or in guest rooms of hotels unless in conjunction with service of meals to guests and unless the location and number are contained in the application for a license. i. License any employee who sells, serves or delivers liquor in or from any licensed premises. j. No licenses shall be issued or renewed for any establishments licensed after the effective date of this ordinance where the establishment is not in compliance with all laws governing building, electrical, plumbing, meachanical, safety, sanitation, structural integrity, handicapped and fire codes. k. No license shall be renewed if there have been or more occupancy load and/or noise ordinance violations I r� during the preceeding licensing year. 1. New on sale liquor licenses shall be issued only to hotels and restaurants. M. Licensee or manager of a corporation shall be a resident of the metropolitan area. 3. Application of New Criteria Against Existing Licensees - application of some of the criteria mentioned in 2. above may be detrimental to some existing businesses, ie d, f, g, i, j. A grandfather clause may or may not be desirable within a time limit. 4. Suspension or Revocation - The current code already provides for suspension or revocation of a license upon conviction for violation of any law relating to the sale or possession of beer, wine or liquor. It might be desirable to add the items listed in 2.j above. Before a license can be suspensed or revoked, a licensee shall be afforded a hearing and be given proper notice. Considerable time may pass between the date of a violation and a conviction of a crime. As an alternative to waiting, violations of the City Code could be considered at renewal time, at which time no public hearing would be required an no suspension or revocation would be taking place. 5. Food and Beverage Licenses - Food and beverage licenses are currently issued by the state and health and sanitation inspections are being conducted by the State. Because State personnel has been decreased over the years, current staffing in Scott County is down to 1/10 of a man. Because of this, the County is gearing up to assume the State's responsibilities in 1986. Their plans, per Al Frechette are to make inspections annually be begin with and moving towards semi-annually ultimately within a year or two. Any establisment selling food or dispensing beverages, with a serious health or safety violation can be closed immediately by the health officer. 6. Building, Plumbing, Electrical Codes - The City's Building U1f!4.i 1Q1 cnt u inspedtor wouib 'be responsible for monitoring building, plumbing and electrical violations if they were to be monitored on a scheduled basis. There are at least three existing licensees who would need substantial improvements if they were not grandfathered in from compliance with existing codes. 7. Restrictions by Other Communities - a. Bloomington - The additional criteria for consideration of an on -sale liquor licanse listed in 2 above are from the Bloomington ordinance, except items j and k. In addition, the Council may, without any notice, suspend any license pending a hearing on revocation for a period not to exceed 30 days. Unlimited number of licenses - 33 issued to date. b. Burnsville - In addition to some criteria already mentioned, Burnsville City Code apportions their on -sale liquor licenses - 13 for "On -Sale All license and 5 for "On - Sale B" license. Currently issued - 10 Class A and 1 Class B. An on -sale A license is granted only to hotels, restaurants and establishments for the sale of "on -sale" liquor. An "On -Sale B" license is granted only to restaurants or lounges which are part of an integrated hotel or motel complex. In both cases a $1,000,000 minimum investment is required, exclusive of land costs. C. Plymouth - The following criteria utilized by Plymouth is in addition to some criteria already mentioned: 1. For new license applications the application requires sketches of building, floor plan, anticipated volume of liquor to food and type of entertainment, if any. 2. The Council may suspend any license pending a hearing on revocation or suspension. 3. No sales on the day of a state wide election. 4. License shall be revoked upon conviction of the licensee of a felony. Unlimited number of licenses, three issued to date. Alternatives 1. Hold a special election in November, 1984 increasing the number of "On Sale" licenses. 2. Hold a special election increasing the number of "On Sale" licenses when a request is made. 3. Adopt additional criteria to be considered when new applications as well as renewals are considered. 4. Adopt additional criteria to be considered when new applications are considered, grandfathering in existing licensees for a specific period. 5. Leave existing criteria as is. Action Recommended 1. Determine whether or not to put on the ballot November 6th asking the voters of Shakopee if' the number of on -sale liquor licenses may be increased. 2. If yes to one above, determine the additional number desired and direct staff to prepare the appropriate resolution. 3. Determine if additional criteria is desirable in considering applications. 4. If additional criteria is desirable, direct staff to prepare the proper ordinance adding additional criteria to the existing City Code, giving staff some idea of what criteria to add. (Need not be adopted October• 2nd, which is when a special election should be called.) liming, The last possible date for Council to adopt a resolution setting a special election is October 2nd, giving staff a reasonable amount of time to have ballots printed. JSC/jms -r V Cj F- :-=. T -I A, K (D F:1 E--- FE, ....... .. .. .... INCORPORATED 1870 -x- ENCINE.ERIN(C E)EPARI'1,11Er,11' * 129 E. 1st Avenue - Shakopee, Minnesota 553179-1376 ('012) 445-3650 Z, TO: John K. Anderson, City Administrat F R. 0 1Y1 -. H. R. Spurrier, 1--ity Engineer SUBSECT : Taylor Street South of 121-1h AvenuE DA E v September 1-4, 1984 INTRODUCTION: 115 more than two years the City of Shakopee ham held $5,000.00 In escrow 4=o -r- the completion C, f par" of Tay 1 r-jv- Street south C. -F I 22t h Avenue. The property OWT-er has requested that the City use the escrow and cf-nristruct Tayloi- Street as proposed. BACKGROUND: The construction of Taylor Street wadeferred because a pro - Posed s, t o r m sewer lateral is under the northwest curb, and had curb and I to be coristructed pi-ior to the instal lat ion of gutter on the northwest side of Taylor Street. The acquisition of the by-pass -right-of-way reduces the tribu- tary coramercial area s i gn i f i cant 1 Y. It 7 s- -:-lot appropriate to -ire or- construct the storm sewer at this t -;roe. The property owner of Lot 5, Block 2, Minnesota Valley 5th Addition is having dj-fficuaty ma-r-keting the property without street and curb and ,gutter in front of his property. Although the City has n, -n fOrril-RI Policy, it h as been past prac- tice to avc, i d the construction o -F half streets. Given the fact that this property is not responsible for arty part of the future drainage system or any part of the northwest half of .she o he street, it seems appropriate make this exception t1-- 4- to past practice and bui ld half of the street so that this encUrz-,b-rance can be rari-ioved f-rorn this property. if 1 --he work was done it would be undertaken by the City's curb and gutter contractoi- and paved by the contractor doing the bituminous repair on the 5th Avenue Sanitary Sewer. The esti- riiat ed cost of the project is approxin-tately $3,000.00. There is more than $6,000-00 in the escrow account which would be used to pay for this improvement. 01'1 n d e T- so- ri 14, 1984 ACTION REQUESTED: A motion to autho-y-ize City staff tO consti-Lict Taylor Street to tine raost wc:s'tO'rly corner of Lot 5, Block 2, Minnesota Valley 5th Addition at- half width. HRS /pmp ___ _ , _ _ y, / ®Q . f / / � ^�� /J / / �Ja �J -- - - %� i �,� c ..., � ,,.. 1 I / � � �1 �. `r,. E,{�. 7. _. _...._. .. .___. ,........a...,.. � r` '� �' _ I . ..._ M�..-_ — -� � � --- — �a __,. _ _.__ i � i �s � � i � I �.1a-----� � � � . �� � � _. �—Y----- a 1 ._ - 1 � � --- '� p a� { � --- —� --- — — '� _�._ �� ` I r f � ~ ��� 4 � "`�r f�- r$ ( > � �� � "dna A p �.� �� 1 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. BACKGROUND; ,, 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 complaint 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 MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Cactus Jacks DATE: September 18, 1984 On this date, 9/18/84, I have posted Cactus Jacks and the entire corner building owned by Scarborough Associates as unfit for human habitation. This action was precipitated by an on site inspection conducted by myself and two police officers. The basis of this action is: 1. Approximately thirty fire code violations noted. 2. Numerous electrical code violations noted. 3. General dilapidation of the building. 4. Housekeeping violations noted, (rubble, paper, combustionables.) 5. Broken windows hanging in sash exposing pedestrians to bodily harm. 6. Broken windows and doors prevent securing building at night. I have prepared a slide presentation for you and will be ready for next meeting regarding the condition of the building. LH:cah C -T Ir V C) T's,F H A 1-�: (D F-*�' .... ..... ...... ........ ........ ...... 11---- ... .......... INCORPORATED 1870 ENGINEERING DEPAF�NEN711' '.29 E. 1st Avenue - Shakopee, Minnesota 55379-11376 (61.2) 445-13650 TO : John K. Anderson ER f -3M : H. R. Spurriei- SUBJECT; Valley ;�Ia-r4c Di--iv,,--1-r-rd�1,th - Av� c an th u e Project No. 1984-5 DATE; September 17, 1984 TNTRODUCT.-ION: Attached are requests 11o" Change 0 -der No. 1 and Change Order No. 2 foy- the above referenced pr -=e=ject. Change Order No. I relates to modifications required at the request of Scott County he intersection of 12th Avenue and County Road 8Z3. Change -der- No. is5 a change C,)-- d e- increasing the contract amount Order to Pay f cor add i t ion a I biDy-vow to construct Valley Par -k Drive. BACKGROUND: nttached ar-e letters -From Steven D. Hat-vey, Valley Engineering C Inc. ' n d f ror, Jariies Unruh, artor-AschrnarAssoc. I nc. i-egarding additional borrow required for- Valley Park Drive. The letter from Steven Harvey contains the explanation of the need for the borrow mat ev- i a I and the letter from James Unruh specifies the final -araoLtrjt --Agreed upon by the contractor, Rich- ard K-nutsonly to perform the work. Recommend at i ons __=f t, h e engineer' i- t o approve Change Order - No. I and Change 0 --der No. 2 f oi- the above -referenced project and I agree and v-ecommend that these be authorized, increasing the 'Contl�-act by S14, 97A-. 9 0, approximately 2 percent of the ACT TC�l REMUEST-ED: r - A mot -Lon aL1th-Z-'1-1'Z:-Lr1r' prope--r- City Officials to execute Change Order' NoD. I arid Change No. 2 t101- Valley Park. Drive arid 12th Avenue, P-roject Nlo. IQ -84-51., -F01- a total increase of $14,974.90. '-iRS/pr,i;) Barton -Asci an Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 September 12, 1984 Mr. H.R. Spurrier City Engineer 129 E. First Avenue Shakopee, MN 55379 Subject: Final Resolution For Borrow Material On The Valley Park Drive Construction Project Dear Mr. Spurrier: Dave B. Warzala of Barton-Aschman Associates, Inc., and Tom Ryan of Richard Knutson, Inc. have reached a final agreement on the unit price of borrow material for the Valley Park Drive construction pro- ject. In a phone conversation on September 12, Tom Ryan, secretary for RKI, quoted $2.00 per cubic yard (C.Y.) excavated volume (E.V.) as his price for the removal, transfer, and placement of the borrow material. The final borrow quantity is not to exceed 5,000 C.Y. Dave Warzala agreed to the $2,00 unit price over the previous force - account agreement for the following reasons: 1. The $2.00 per C.Y. E.V. compares reasonably with price quotes from other contractors. 2. Pending Shakopee City Council approval on Tuesday, September 18, work may proceed on Wednesday, September 19. The force account method would have stalled road construction progress considerably longer. 3. With the unit price agreement, a Change Order can be established, 4. The force account method does not provide for equipment prices. We hope that this new and final agreement is satisfactory to you and the Shakopee City Council so the Valley Park Drive construction pro- ject may proceed. Sincerely, James Unruh Associate JU: ko cc: Dave B. Warzala M" 612-332-0421 CHANGE ORDER 1 )ntractor Richard Knutson Inc. 'dress 201 Travelers Trail, Burnsville, MN 55337 Db Location -Shakopee, Minnesota sreet Date 9/11/84 Job No. 1984-5 Authority is Hereby Granted for the Following field Change: nFS.f;RTP.TJDN fJncludina exact location and nature of chance) Construct By-pass lane in accordance with the plans and Scott Co. Permit No. 680. is change the Lonvacf i IYTi� i5 i►ttiT�a'� 'cr—u�"> �, env< rr, r �.�. rd..� r rr-Tv�enTrn d"ll!I/.Irr TAt rnCT timated Cost to be 5 4,974.90 more than orginial estimate. by: Issued by: r � 1 tjve of Contractor Date isle sio,n Engineer Approved by: Date,/ Iiat L� l 11-I r1 1 Lu Unit E Amount Amount D. "� Item game Unit Quantit Price More j 1 Less Remove Pavement Common Excavation 2" MnDOT 2331 Binder 211 2341(Mod.) wearing course Sodding (3' strip) S.Y C.Y Ton Ton S.Y 678 65 90 90 203 1.00 1.50 21.00 2-1.60 1.80 678.00 97.50 1,890.00 1,944.00 365.40 SUB -TOTALS J4,974.901 5 timated Cost to be 5 4,974.90 more than orginial estimate. by: Issued by: r � 1 tjve of Contractor Date isle sio,n Engineer Approved by: Date,/ Iiat BRADLEY J. LARSON' Highway Engineer DANIEL M. JOBE Asst. Highway Engineer SCOTT COMM' HIGHWAYDEPARTMEN7 COURT HOUSE A106 SHAKOPEE, MN. 55379-1396 (612�445-7750, Ext. 346 September 6, 1984 Mr. David B. Warzala Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 Re: City of Shakopee Project No. 1984-5 Twelfth Avenue Street Const. Dear Dave: As per this letter, Scott County hereby requests that a northbound right turn/bypass lane be included in the construction of the County Road No.83/Twelfth Avenue intersection. This safety improvement will alleviate the conflict with northbound left turn and through/right turn traffic. Thank you for your attention to this matter. BJL/sal 3CX a ccd 1 e y J. County Hig An Equal Opportunity Employer ' nl� P. E. 4 ngineer I ill, 114/ S%` -(/1'T COUNIT'V 111G11WA7' DEPARTMENT APPLICATION POP, ACCESS DRIVE-NWAYOR %0NTRANCG PGRMIT (Applicant ha L's fWaILFAKI WIA'a Pr*,-cf XUnCkZJ PI&W) Name of City of Shakopee �;pplicont 1,45-2,650 r1IM 01 TY?Z APPLICATION 14orr.e of City of Shal"01)E-'.0 416--3' )f ro-perty Owner Location: 83 CR —In--�--,c�Lt-t--Couray—'L- ---Miles N -S -E -W of -- County Road 16 (0tc.40 Cr,*) (SFVj-n4 FWA. ' at rock ►ntaraadiany Description .>f Property -- Proposed 12th Avenue .> urNse of -')riveway ❑ Residence is 0 Buildinn to -)e constructed L71 No E] Cornmeicial (-specify type) Who,, R Yes Kir,----- Cit), Street check V01 the, Buii:(inl.' be OTernporcry or []Pcrmonf-nt proi>cr Is the Piopzrty in Ej Pict:cd or E] Unplaltc-, Area squares )istcince from center of highway to front of building, or front cf purnp is,'ond is- -------feet. 2' 6" errgr'woy. Icnd highe ----or lev, "':W fe.1 &-,hot , ­.'u,nEe, of Present Drivewoys to Pioix-,zed Diivewuy Will be Neccled— YU­UFt 20, '9 ,, 'jive Exact Lccr. ion of Proposcd )raj---IKT 54 -11-5 9 Road Station )raj to, :aivc Exact Location of Prescn; riven ;v to Prop -,rt\.,, Road Station llroi,. 1982-11,T 55-+01) P-'r—cpo!xd--f-.')r:vf,,wcys and Rc:otit,n to Trunk Hiolvikay CA I'V"Si M1 Or AIL COPIES 01' A' FOCATIOU. i, Wo, the1wre-Ith W,aAd 0^:pl;=tloo for Per' 441" 1* tt­'tncl tint ac"I. dwiva.cy at ". C10'a " &IWuy to ba: ftw th­dz,d� c4 the C,.sity, Hivh-vi, Dw�,t­*,t anti to c,." Pec;ol incivd-d tri Ow it is a - W. ,.,�j 0.1 _o,k w, i i be z, . � t..i.foc';;cn rt th. c N Dopwirasaf. fur�hoe cWthr:! Jj��t no wc�?k­�q ='r**cI;*Q W;,,-. *4 will I,* Wnj;I 0� cpplitooion Is 4 r. -%7't izi ed. 11 1 1 f \ Apphcont's. Cate'' Signcture - It AIIFLJ`�gNy 00 ITe ILELOW n::S F ,CCLEES DR-9VEWAY OR, E1'47T'Nt"�,, A -L , LRMOT (PER!vAIT N0T VALID UNLESS BEARING SIGNATURE AND NU BER) 6 Z 0 ",rrnicsion is heicby grcinted for 'Ahe co,,.sWL;ctiori of th-1 drive -,-,lay as de,,cribec� i7l the cbovc application, s --lid drivco;cy b��, cc?nstucted in cccord--nr--c %viih the County Hic!,WoY Dc-Part,-�'�cnts D�ivewoy Stordcjrcj' Plate j.111ic-t to thu following speciol pro,..isions, and tequiier-c-rits on reve;se side. 1, a n e sl he C 83/'iA.fth 1�c-i:-tlibcund right -,z',11 be cDnstructec.1 at t %7 e n u c 111 t c I.- s, c t d- (, n is expressly undcistc>od thot this pzi-mit is conditioned upon rei-11ocernent or restoration of t};,r trunk highwo-,, to its igincl or to o sotisfaztory -,cnd0icn. It is further undersioo-i t6ot t-)iS Pf2l-rnit is iSSW-d SUbjeCt to the oppr ovcil of 11-ccil t,, villoge or borough outh.oritics hoeing joint supervision over soil street or highway. County 'JU rl c- te"', Civil Engineers J� Land Surveyors Planners s if If Valley Engineering Co., Inc. (612) 447-2570 September 12, 1984 City of Shakopee Deparrt7ent of Engineering i29 East lst Avenue Shakopee, Minnesota 55379 P.O. Box 478, Suite 1200 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 Subject: Project 1984-5 Attn: Bo Spurrier Two seperate circmustances have arisen which have the potential to increase the construction costs in the subject project. The first concerns work not covered by the contract, namely borrow pit excavation. More topsoil was encountered than estimated in the proposal form, thereby reducing the availability of select soils from the roadway excavation. In addition, greater amounts of core excavation occured which resulted in further use of select soils from the excavation areas. As a result, the select soils have been depleted to the point where an imbalance now occurs. We estimate that there is a shortage of between 4000 and 5000 cubic yards of select material needed to finish the grading work. Select material is available in areas outside of the project limits. The contractor has proposed that the excavation from outside the project be considered as borrow pit excavation. Accordingly, a unit prig of $3.05 per cubic yard, scraper measure, was proposed. This would result in a total change order item in the range of $13,000 to $20,000 depending upon the amount of shrinkage and restoration work. After having had conversations with both parties to the contract we are of the opinion that 'rhe foregoing price proposal cannot be agreed upon. Therefore, in accordance with Article 7 of the "General Specifications" we recommend that the extra work be done by form account. The designated borrow site is the hill immediately south of Conklin Research adjacent to Valley Park Drive. The select material and temporary construction easements will be made available by Valley Industrial Development Co. The estimated time to complete the borrow operation is four days. The second circumstance is the failure of Twin City Tile and Marble Co, to grant a storm drainage easement at the northwest quadrant of Valley Park Drive and Valley Industrial Boulevard North.. Consequently, we have prepared an alternate plan to drain this intersection. A red -lined copy showing now the storm sewer could be located within the street right-of-way is attached. We estimate that the construction cost to do so would be $9,147.00, which is $2,241.75 more than the work under contract. An itemization of the construction costs is attached. Thank you for your attention to these matters, please contact us if you have questions. Sincerely, -U - Steven D. Harvey, P.E. c.c. Dave 'Warzala Gary Eastlund SDII/czny Civil Engineers Land Surveyors Planners -Valle!afs Enlyincerintiftfncg DELETIONS ITEM 18" RCP CL. 5 (0-81) 18" Conc. Apron Remove Pavement Agg. Base Modified CL. 5 2 in. MrT)ot 2331 Binder ADDITIONS ITEM 18" RCP CL. 5 (0-8 18" Conc. Apron Standard Manhole r 1-1--inove Pa -,.7,-- ren' -- Aq Wd g. Base � ific-d CT,. 5 2 in. MnDOT 2331 Binder September 12, 19 84 Storm Sewer Redesign, Contingincy Sta 42+27 Valley Park Drive Subtotal Subtotal TOTAL ADDITIONS MINUS DELETIONS P.O. Box 478, Suite 1200 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 UNITS L. F. Each Each S.Y. Ton Ton QUANTITY 310 1 1 170 55 19 UNIT PRICE 21.65 650.00 $ 925.00 $ 1.00 $ 5.30 $ 21.00 TOTALS $ 4,741.35 $ 1,950.00 $ 40.00 $ 68.90 $ 105.00 $ 6,905.25 TOTALS $ 6,711.50 $ 650.00 $ 925.00 $ 170.00 $ 291.50 $ 399.00 $ 9,147.00 $ 2,241.75 UNIT UNITS QUANTITY PRICE 1,.F. 219 $ 21.65 Each 3 $ 650.00 S.Y. 40 $ 1.00 Ton 13 $ 5.30 Ton 5 $ 21.00 UNITS L. F. Each Each S.Y. Ton Ton QUANTITY 310 1 1 170 55 19 UNIT PRICE 21.65 650.00 $ 925.00 $ 1.00 $ 5.30 $ 21.00 TOTALS $ 4,741.35 $ 1,950.00 $ 40.00 $ 68.90 $ 105.00 $ 6,905.25 TOTALS $ 6,711.50 $ 650.00 $ 925.00 $ 170.00 $ 291.50 $ 399.00 $ 9,147.00 $ 2,241.75 %z1 MEMO TO: Mayor and Council FROM: John K. Anderson,Ci.ty Administrator RE: Letter of Intent Requesting that Shakopee Retain a Portion of Its Entitlement Allocation for Industrial Development Bonds DATE: September 17, 1984 Introduction: On August 21, 1984, City Council approved the request of Shakopee 84 Partnership to retain $600,000 of the City's $2,569,170 in Industrial Development Bond (IDB) Entitlement. The entitlement extension was required to be in by September 1st, and it was completed by September 1st. My staff memo regarding that item explained the pros and cons for extending our entitlement. Later, one day before the deadline for extension, Oxboro Redevelopment Company contacted the City asking for a portion of our entitlement. I polled Council members and sent in a letter requesting that the balance of Shakopee's entitlement be retained for the Oxboro Redevelop- ment Company. Council Action Required: Oxboro Redevelopment Company, as you may recall, is requesting our entitlement for use in a project in Bloomington. The state law provides that this sharing of an entitlement can go on and that the cities so sharing their entitlement must enter into a joint powers agreement. Oxboro Redevelopment Company is asking that the City Council pass a motion endorsing the request for an extension of the balance of Shakopee's entitle- ment in the amount of $1,969,000. Based upon Council passage of this motion, Oxboro Redevelop- ment Company will draft and circulate to both Shakopee and Bloomington the formal joint powers agreement to finalize the sharing of Shakopee's entitlement. Alternatives: 1. Pass a motion endorsing the City Administrator's letter to the Minnesota Department of Energy and Transportation re- questing that $1,969,000 of the City of Shakopee's IDB entitlement be reserved for Oxboro Redevelopment Company. The benefit to Shakopee of this action is that it maintains Shakopee's full entitlement for 1984 so that our entitlement will not be decreased through lack of usage. 2. Take no action to endorse Oxboro Redevelopment Company's use of Shakopee's Industrial Development Bonds. This means that Shakopee may have IDB usage of $600,000 in 1984 which would reduce our three year average and reduce our IDB entitlement in 1985.