HomeMy WebLinkAbout12/04/1984 7l�
MEMO TO: Mayor and City Council
FROM: John K. Anderson , City Administrator
RE: Non-Agenda Informational Items
DATE : November 29 , 1984
1 . When the Administrative Intern was hired for Transit and
Cable the possibility of some office shuffling was mentioned
at the Council Meeting . We are now proceeding to follow
up on the changes as follows :
1 ) The large conference table will be moved up to the Chamber
Office and used by the City when necessary ;
2) The Mayor ' s desk will be moved into the conference room
along with a new small six-person conference table to
be purchased with funds remaining in the 1984 Administration
Budget ;
3) The HRA Director ' s desk will be moved into the Mayor' s
Office and will be the Director ' s new office ; and
4) A new desk has been budgeted for the Administrative
Intern from the 1985 Cable Budget and will be located
VV 11 qU_j V CA a,Lc t,ua aE:'±,?.i� �4� 2 n..O. f:i i r r n Y) v nffinAc
ae Mayor finds these changes acceptable , but asked that T1
zis item be presented to Council as an informational item t]
D Councilmembers can express any concerns they may have s,
a the plan before it, is implemented . Please contact me 01
C you have any comments . is
ttached is the formal invitation from Scott County Human 2 . A
E�rvices to the Senior Citizen ' s Christmas Party. S,
ttached is the internal survey of City employees indicating 3 . A-
7eir use of the City' s employee assistance program. Please t]
Dok at V . if you don ' t have time to read the whole survey . 11
ttached are the Planning Commission' s new rules and regulations 4 . A
pproved at the past meeting. a
ttached is the cover memo transmitting the Final Environmental 5 . A
upact Statement for the Proposed Expansion of the Flying I]
loud Sanitary Landfill . The complete environmental impact C
tatement (EIS) is on fill for 30 days if Councilmembers s
re interested . a
ttached are the minutes of the October 22 , 1984 meeting 6 . A
f the Cable Communications Advisory Commission . 0
7 . Attached is an informational item regarding recent Police
action at Richard ' s Pub. If you have questions please call
Tom.
8 . Attached is the December monthly calendar.
9 . Attached are the minutes of the November 8 , 1984 meetings
of the Board of Adjustment and Appeals and Planning Commission .
10. Attached are the minutes of the October 25 , 1984 meeting
of the Energy and Transportation Committee .
11 . Attached are the agendas for the December 6 , 1984 meetings
of the Board of Adjustments and Appeals and Planning Commission .
12. Attached are the minutes of the November 12 , 1984 meeting
of the City Hall Siting Committee.
13 . Attached are the minutes of the November 27 , 1984 meeting
of the City Hall Siting Committee.
14 . Attached is a copy of Resolution No . 2333 which Council
adopted October 15th.
15 . Attached is a brief memo from Jeanne Andre explaining potential
City involvement in an economic development loan to aid
current Pioneer Hi-Bred International employees (Turf and
Forage Seed Division) to take over their facility in Shakopee .
If you have any problems with potential City involvement
in they type of program or wish further information , please
raise the issue under other business at the December 4 ,
1984 , Council meeting . Otherwise staff will continue working
with Jerry Peterson on this program.
JKA/jms
Rules and Regulations
as adopted by the
Shakopee Planning Commission
1. One regular meeting date per month is established as the
First Thursday following the 1st Tuesday at 7:30 P.M. If
an additional monthly meeting is necessary, it shall be the
3rd Thursday following the 3rd Tuesday.
2. The Commission at its first regular meeting in February of
each year shall elect a chairman and vice chairman.
3. The duties and powers of the officers of the Planning Commission
shall be as follows:
A. Chairman:
1) Preside at all meetings of the Commission
2) Call special meetings of the Commission
3) Sign documents of the Commission
4) See that all actions of the Commission are properly
taken.
B. Vice -Chairman:
During the absence, disability or disqualification
of the Chairman, the vice-chairman shall exercise
or perform all the duties and be subject to all the
responsibilities of the chairman.
4. Matters referred to the Commission by the City Council
shall be placed on the calendar for consideration and
action at the first meeting of the commission after such
reference.
5. A majority of members of the commission entitled to vote
shall constitute a quorum for the transaction of business.
6. Robert Rules of Order are hereby adopted for the govern-
ment of the commission in all cases not otherwise provided
for in these rules.
7. At the regular November meeting of each year the Commission
will approve and adopt a schedule of application deadlines
and meeting dates for the upcoming year.
8. Order of Consideration of Agenda Items:
The following procedure will normally be observed; however,
it may be rearranged by the chairman for individual items
if necessary for the expeditious conduct of business:
1) Staff presents report and make recommendation.
2) The planning commission may ask questions regarding
the staff presentation and report.
1�'
3) Proponents of the agenda items make presentation.
4) Any opponents make presentations.
5) Applicant makes rebuttal of any points not previously
covered.
6) Planning commission asks any questions it may have of
the proponents, opponents, or staff, and then takes a
vote.
9. Deadline for consideration of agenda items: No new agenda
items shall be taken up after 11:30 P.M. Except in the case
when a public hearing has been scheduled and has not yet
been opened for consideration.
10. Designation of Voting Order: Voting to be by verbal vote;
and the order of voting to be rotated each month except that
the chairman shall vote last.
11. Any member of the planning commission who shall feel
that he has a conflict of interest on any matter that
is on the planning commission agenda shall voluntarily
excuse himself, vacate his seat, and refrain from dis-
cussing and voting on said items as a planning commis-
sioner.
12. Each member of the planning commission who has knowledge
of the fact that he will not be able to attend a scheduled
meeting of the planning commission shall notify the City
Planner at City Hall at the earliest possible opportunity
and, in any event, prior to 4:30 p.m. on the date of the
meeting. The City Planner shall notify the chairman of
the commission in the event that the projected absences
will produce a lack of quorum.
13. No member may serve two (2) full consecutive terms as
chairman.
14. The vice-chairman shall succeed the chairman if he vacates
his office before his term is completed, the vice-chairman
to serve the unexpired term of the vacated office. A new
vice-chairman shall be elected at the next regular meeting.
15. The rules and regulations may be amended at any meeting
of the planning commission by a majority of a quorum of
the commission, provided that notice of said proposed
amendment is given to each member in writing at least
two weeks prior to said meeting.
November 5, 1984
TO:
N0\1 q 194
E
Metropolitan Council
300 Metro Square Building
Seventh and Robert Streets
St. Paul, Minnesota 55101
��'�. Pw Telephone (6 12) 291-6359
CITY OF SHAKOPEE ,VvI�, .-,'V.YS
Agencies, Organizations and Persons Interested in the Final Environmental
Impact Statement for the Proposed Expansion of the Flying Cloud Sanitary
Landfill
Woodlake Sanitary Services, a subsidiary of Browning-Ferris Industries, has
proposed an expansion of the Flying Cloud Sanitary Landfill in Eden Prairie.
An environmental impact statement (EIS) must be prepared for the project in
accordance with the Minnesota Environmental Quality Board (EQB) rules. The
Metropolitan Council has been designated as the agency responsible for prepa-
ration of the Final EIS.
The Council previously prepared an environmental assessment worksheet (EAW) and
adopted a scoping decision document which defines the potential impacts to be
evaluated in the EIS. The scoping decision document will be the basis for the
Counci is determination of the adequacy of the Final EIS.
The Council prepared a Draft EIS and held a public meeting in Eden Prairie on
May 23, 1984, to receive public comment on the adequacy of the EIS. A Final
EIS has been prepared incorporating changes developed in response to the public
comments on the Draft EIS. (A summary of the public meeting and copies of the
written comments regarding the adequacy of the Draft EIS are contained in
Appendix E of the attached copy of the Final EIS.)
The Council, under EQB rules, must determine the adequacy of the Final FEIS.
The approximate schedule for the Council's determination follows:
Dec.
11,
1984,
1:30 p.m.
Metropolitan
Waste Management Advisory Committee
Dec.
19,
1984,
4 p.m.
Environmental
Resources Committee
Dec.
27,
1984,
4 p.m.
Metropolitan
Council
All meetings are held at the Metropolitan Council offices, 300 Metro Square
Bldg., 7th and Robert Sts., St. Paul.
These are public meetings and those wishing to make comments on the adequacy of
the Final EIS should attend. Persons who wish to speak at either the Metro-
politan Waste Management Advisory or Environmental Resources Committee meetings
should call Lucy Thompson at 291-6521. Written comments should be directed to
Carl Schenk, Metropolitan Council. You are encouraged to submit written com-
ments prior to the meeting in order that these can be distributed to the
committees.
Sincerely,
andra S. Gardebring
Chair
SSG: sje
An Equal Opportunity Employer
PROCEEDINGS OF THE CABLE COMMUNICATIONS ADVISORY COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 22, 1984
Chrm Anderson called the meeting to order at 7:37 with Comm. Harrison,
Davis, Abeln and Williams present. Also present were Judith S. Cox, City
Clerk; Jeanne Andre, Comm. Development Director and Barry Stock, Admin.
Intern.
Williams/Harrison moved to approve the minutes of September 24, 1984 as
kept. Motion carried unanimously.
The City Clerk reported that there has been no progress in the installa-
tion of the characters, and that Mr. Abbott will no longer be involved in
these negotiations.
The City Clerk reported that there has been a change in management of the
cable company, Zylstra-United. In the past, Zylstra was the managing
partner, but now United will be taking over the management of the Shakopee
system, and the Chaska system. United has met with the City and initiated
some further negotiations regarding the franchise.
Harrison/Abeln moved to make the character generator issue a priority with
all of the requests of the September 24, 1984 meeting intact, to be com-
pleted as soon as possible by United management. Motion carried unanimously.
Harrison/Abeln moved to decline the invitation to join Metro -Area Inter-
connect Commission for the present time, to be reconsidered during the
next budget year. Motion carried unanimously.
Discussion followed regarding the importance of attending the Metro -Area
Interconnect Commission (MAIC) conference to help decide whether or not
the City should join the commission. Comm. Harrison said he would attend
if he could.
Abeln/Davis moved to authorize Barry Stock and one Commissioner, if anyone
can attend, to the MAIC conference on November 9, 1984. Motion carried
unanimously.
Discussion ensued regarding the extent and type of support to give CTIC
in its challenge of FCC's rate regulation actions. The limitations of
the budget were discussed.
Harrison%Davis moved to direct staff to send a letter to OTIC indicating
moral support right now, and indicate possible financial support in the
future, if budget permits. Motion carried unanimously.
The Comm. Develop. Director stated she thought it would be a good idea to
go over some of the goals and objectives of the Commission, to see if they
had changed any, now that the new Admin. Intern is starting to work with
this Commission.
Shakopee Cable Commission
October 22, 1984
Page 2
After considerable discussion, the following is a ranking by priority of
the additional tasks as listed in the memo for 10/22/84:
#1. Amend franchise ordinance to coincide with new resolution regarding
the commission's responsibilities regarding variances.
#2. Research types of technical reports the City should be receiving,
and request and monitor. Bring list back to the commission.
#3. System evaluation - should be conducted at some time. Staff should
research what other systems are doing and if MACTA has any information.
Also research exactly what is involved and who pays for what.
A. Conducting a survey in coordination with the Access Corp. to learn
perceptions of cable -- explore alternatives. This to be tied in
with earlier goals and objectives to educate the public of the Cable
Commission's existence as an intermediate to ZU, and to promote
awareness of the institutional network. Staff should check if the
new managing partner will be conducting an advertising survey for
cable, and if so, if this commission could add on a few questions.
Questions could also be asked through the utility bills or cable bills.
#5. Research who makes a final decision regarding censorship; Access
Corp. or ZU.
Staff =aes I- ranted- to bring back the first three items at the next meeting.
Consensus was that the items indicated as "Done" on the 1984 Goals and
Objectives list are done.
i.'nM rrc_4mc��s�Pm. rsnctr,lc�tion were considered to be on-going.
Under OnGoing Communications, No. 1 and under Education Nos. 3, 4 and 5
could be combined. Staff was directed to forward a letter to the Access
torp. iisti-t�g 1- ��,r�a� tan= _Lt ?nom ta_tiug these items were on our
goals and objectives list, and we pass them on to them to deal with as
they may, along with the Commission's statement of support for the Access
Corp.
I1 _Xri_ Ander System construction snodLb `Lw 'lei L - i, -.nfL '��e `m- "--L0- neeAe"
-d
basis, and the same for No. 5. No. 6 should be turned over to the liccess
Corp.
Under Education Nos. b ana i were zncarp��a��� `���'r�'�3���t� �� � °f
second page regarding the perceptions of cable. No. 10 can also be added
to No. 7. Nos. 8 and 9 can remain as "C" priorities. No. ii was covered
earlier by priority No. 2.
The Comm. 'Develop. Iir. !-ni-0 6t'Lire cs� �s:�ss 3 !,rte �-��rY^al's*hT-oR -fLr-
Reinke regarding a Court Order for YO to remove -its Z;avIe
poles and bury it. He is concerned that there won't be lengthly restora-
tion left to next spring. Consensus was that any complaint is to go
through the standard complaint procedure.
Chrm. Anderson asked if there was anyone in the audience who wished to ad-
dress the commission, and there was no response.
Shakopee Cable Commission
October 22, 1984
Page 3
The Comm. Develop. Dir. said that United presented the City with a lot of
information regarding their contention that they are a financially dis-
tressed system. They state that there is only 40% penetration and they
erg L^.,S' .,b gzr_,Ne43 ene.r'3 T12&,j St2tA thA,j ara t;ak,: no to- marc-- re-v_alie
than spending in operating costs, but when they capital costs are taken
into consideration they are losing money. They have presented the City
with a list of areas they would like to renegotiate. Therefore, she would
like the Commission's reaction to the following:
1. Consolidate the Shakopee and Chaska business offices.
2. Consolidate the Shakopee and Chaska studios for local
access.
3. Reduce the Franchise Fee from 5% to 3%.
4. Raise the rates before the end of the 2 year freeze. They
suggest the rate increase would be about 10%.
United's plans are to spend $15,000 to $20,000 on a new marketing study to
increase the penetration to 50%, and raise that 1% per year to 60% after
10 years. They say they should only be in a deficit situation for the first
18 months.
Discussion ensued regarding not being very amenable until after the system
is completed, getting an independent analysis of their financial statement,
and requesting a definite accounting of the savings they hope to accomplish
by these suggested changes. There was consensus that the penetration figures
were theirs, not the City's, and the lack of any advertising campaign to
try to increase the penetration is not impressive.
Chrm. Anderson said ZU did have some unanticipated production increases from
program and copyright fees. Comm. Harrison mentioned the commitments that
were made to the institutional users and Access Corp., which were made de-
pendent upon the present franchise ordinance.
Consensus was to request from them more exact proposals and cost savings
from each, along with a marketing plan.
The Comm. Develop. Dir. reminded the Commissioners that the new Admin.
Ass't will only bill the Cable budget exactly how much time he spends on it.
Therefore, it is good to remember that every time staff is directed to go
back and work on something that ZU is responsible for, you are charging the
Cable budget more money and letting ZU off the hook.
Williams/Ablen moved to adjourn at 9:30 p.m. Motion carried unanimously.
Judith S. Cox
City Clerk
Diane S. Beuch
Recording Secretary
TO: Mayor, Council Members
FROM: Tom Brownell, Chief of Police
SUBJECT: Information only, Richard's Pub
DATE: November 27, 1984
On November 21, 1984, officers inspected Richard's Pub upon
noting a large number of vehicles parked in the area and upon
receipt of complaints by citizens of parking problems.
In the opinion of the officers and evidence obtained in the
establishment, sufficient probable cause exists to request
the city attorney to review the matter for issuance of a
formal complaint alleging Richard's Pub was in violation of
exceeding capacity regulated by the Uniform Fire Code.
C13UNCIL 1X0-` 113N PLQUESTEB
Information only, no action requested at this time. In the event
formal action is taken and a conviction is obtained, the matter
will be brought before the council.
ArthiYet;
No. of Yrs.:
REGULAR SESSION
9
PROCEEDINGS OF THE
BOARD OF ADJUSTMENTS AND APPEALS
SHAKOPEE, MINNESOTA
NOVEMBER 8, 1984
Chrm. Stoltzman called the meeting to order at 7:30 p.m. with Comm. Koehnen,
Czaja, Schmitt and VanMaldeghem present. Comm. Rockne was absent. Also
present were Judi Simac, City Planner and Cncl. Vierling.
VanMaldeghem/Czaja moved to approve the minutes of October 4, 1984 as kept.
Motion carried unanimously.
The City Planner informed the Commissioners that the City Council voted to
uphold Variance Resolution No. 380, which had been appealed.
Schmitt/VanMaldeghem moved to adjourn. Motion carried unanimously. Meet-
ing adjourned at 7:35 p.m.
Judi Simac
City Planner
Diane S. Beuch
Recording Secretary
TAPE RECORDED E".imm
Arrhivill:
No. of Yrs.:
PROCEEDINGS OF THE PLANNING COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 8, 1984
Chrm. Stoltzman called the meeting to order at 7:35 p.m. with Comm. Czaja,
VanMaldeghem, Schmitt and Koehnen present. Comm. Rockne was absent. Also
present were Judi Simac, City Planner and Cncl. Vierling.
Schmitt/VanMaldehem moved to approve the minutes of September 20, 1984,
amended as follows on page 4, second to last paragraph:
"Czaja/Schmitt moved to amend the motion making the recommenda-
tions for B-2 zoning changes to incorporate the additional Lind -
strand parcel of approximately 62 acres, in the B-2 zone, with
legal description per that contained in Ordinance No. 151. Motion
to amend carried unanimously."
Motion carried unanimously.
Comm. Czaja questioned the minutes of October 4, 1984 regarding the monitor-
ing of water appropriation regarding the Shiely operation.
Schmitt/Koehnen moved to defer approval of the October 4, 1984 minutes to
the December 6, 1984 meeting. Motion carried unanimously.
Comm. Schmitt suggested a two year retention on the tapes from the Planning
Commission meetings from April through October, 1984, because of the re-
zoning issues.
PUBLIC HEARING - (CONT.) - HAUER'S THIRD ADDITION
Schmitt/Czaja moved to re -open the public hearing regarding the Preliminary
Plat of Hauer's Third Addition. Motion carried unanimously.
The City Planner gave some additional background regarding issues that had
been resolved. She stated she has not yet received a legal opinion from
the Ass't City Attorney and there are further drawings that are required.
Therefore, it is staff's recommendation that the public hearing be continued.
Schmitt/Czaja moved to continue the public hearing to December 6, 1984.
Chrm. Stoltzman asked if there were any comments from the audience, and
there were none, other than the applicant stating the continuance was fine
with him.
Motion carried unanimously.
PUBLIC HEAPING - (CONT_.) - SHIELY CONDITIONAL USE PERMIT
Comm. Czaja removed himself from the table.
VanMaldeghem/Koehnen moved to continue the public hearing regarding the
request by J. L. Shiely Co. for a conditonal use permit to enlarge a mining
extraction facility. Motion carried.unanimously.
Shakopee Planning Commission
�,vember 8, 1984
.'age 2
The City Planner went over the background of the applicant's concerns
and the City's concerns and the issues resolved at the November 2, 1984
meeting. It is the City Attorney's position that a variance to the re-
clamation requirements may be considered with this mining permit. She
went over the various considerations, and stated it is staff's recommenda-
tion that the conditional use permit and mineral extraction and land recla-
mation permit be approved, with conditions.
Mr. Phillip Getz, legal counsel for the applicant, submitted a Hold Harm-
less Agreement, which the City Planner read into the record; recommending
it be reviewed by the City Attorney.
Comm. Schmitt asked for consideration of a shelf or lip within the water
boundary of the contemplated lake which is to be the end use of the quarry.
He cited the danger of steep sides with a 65-70 foot drop into this pit.
Mr. Getz responded they don't believe a hard rock quarry such as they have
fits the ordinance, which he believes is directed primarily at sand and
gravel operations, and it would be very hard and expensive to change the
slope of the finished quarry, which he thought was about 900 vertical.
Another representative of the applicant said they don't contemplate a re-
creational lake, but rather one that could be used by an industrial indus-
try for cooling in the manufacturing process. Comm. Koehnen stated her
concern for plans for an eco -system for a lake.
Comm. Schmitt stated it would be his recommendation that a per -ton charge
be placed in escrow for reclamation while the quarry is in operation. He
would also think an Environmental Impact Statement should be involved.
Discussion continued regarding the problems of end use that maybe won't be
happening for 25 years.
Further discussion ensued regarding water use and possible expansion and
maintenance of the drainage -way and the water flow quality and avai1d6:C ty.
The City Planner suggested split conditions with one set dealing with the
existing and contemplated expanded use and the other regarding reclamation,
which can be researched further.
Dave Czaja stated he removed himself from the table because of his involve-
ment with the de -watering operation of the quarry. He stated he became
involved in this monitoring because of Dean's Lake and the surrounding area.
He said a previous hearing before the DNR did not indicate a connection
between the de -watering at Shiely and Dean's Lake, but stated that continued
monitoring should take place. Because of the drainage -way constructed for
Prior Lake, Dean's Lake is now flooded and is a lake again with wildlife,
which is how they would like it to remain. At the last meeting he asked
what will be the effect of the increase in water appropriation by Shiely
on Dean's Lake and the water being provided through the drainage -way, and
the general ground water level in the area. He would like to tie in this
monitoring operation being done in conjunction with the DNR to the condi-
tional use permit to insure there is no connection between the de -watering
and the water table in the area. And if there is a connection, he would
like some of that water pumped back to Dean's Lake. He also added he has
a problem with the applicant claiming a hardship with the slope ratio, es-
pecially on the south side. He would recommend the public hearing be con-
tinued to allow the gathering of additional information and the analyzing
of the data he does have.
Shakopee Planning Commission
November 8, 1984
e 3
A suggestion was made for an on-site inspection of the site. Further
discussion continued.
Chrm. Stoltzman asked if there was anyone present in the audience who
wished to comment on this matter.
Mr. Getz stated he had no objection to the continuance of the hearing to
try to resolve further issues, but he asked for a definitive list of the
issues from staff so they are able to respond to all the concerns, so at
the next meeting all the issues are resolved. He added he would not think
they would agree to a tax of their operation to provide for reclamation.
He stated there were extensive hydrological investigations undertaken 4
years ago which did not establish any causal relationship between Shiely
and Dean's Lake. He would think that an on-site inspection would be fine,
but he would have to check schedules and notify the City.
Comm. Czaja replied that the results of that earlier study were based on
a limited time period and data, and the decision was that with the data
they had, they could not establish a connection.
Todd Bekken, 4855 Eagle Creek Blvd., gave a brief history of Dean's Lake
and its connection to Sheily. He mentioned when Prior Lake was over-
flowing, Dean's Lake was still dry. He would like the City to consider
pumping some of the water back into Dean's Lake. He said that 25 years
is a long time to hold the water table at an artificially low level. He
is also concerned with the slope of the quarry, and stated there are al-
ternatives such as terracing and filling with the over -burden that already
exists. He thinks the City should also consider the quality lakes that
exist in Chaska from reclaimed quarries. He stressed the importance of
guarding against pollution of this lake in an industrial use because of
the impact on ground water and the City's well less than 2 mile away.
Mr. Getz suggested that given the complexities of the issues, it might be
better to continue the hearing to the January meeting.
Schmitt/Koehnen moved to continue the public hearing to January 10, 1985,
with the provision that Commissioners submit in writing to staff their
concerns no later than November 19, with staff directed to try to get in-
formation out to the applicant by November 26, 1984. Motion carried unani-
mously.
Comm. Czaja returned to the table.
PUBLIC HEARING (CONT.) - SCOTT CO. LUMBER CONDITIONAL USE PERMIT
The City Planner stated the Ass't City Attorney has recommended continuing
this public hearing to December to allow the consultant to complete an
Environmental Assessment Worksheet prior to consideration of a conditional
use permit.
Schmitt/Van.Maldeghem moved to re -open the public hearing regarding the
request by Scott County Lumber Co. and Bert Notermann for a conditional
use permit to remove sand and gravel aggregate. Motion carried unanimously.
Shakopee Planning Commission
November 8,1984
_.ge 4
Chrm. Stoltzman asked if there were any comments from the audience.
Gene Rosenwinkle, 1596 Millpond Court, Chaska, stated he represents the
landowners and they are in agreement to the continuance to December 6,
1984.
Schmitt/Czaja moved to continue the public hearing to December 6, 1984.
Motion carried unanimously.
Schmitt/Czaja moved to direct staff to investigate the possibility for
consideration of a per ton fee to be placed in escrow as part of a fund
for reclamation. Motion carried with Comm. VanMaldeghem absent.
PUBLIC HEARING - HOWE CONDITIONAL USE PERMIT
Koehnen/VanMaldeghem moved to open the public hearing regarding the request
by Howe, Inc. for a conditional use permit to construct an addition to the
warehouse building which exceeds the height limitation. Motion carried
unanimously.
The City Planner went over the considerations and recommended approval
of the request with conditions.
Don Wendt, general manager of Howe, Inc., explained the need for the re-
quested height which results.from the necessary pitch of the roof for a
building of that size. He added this addition would match exactly the
roof of the other building to make for a better looking building and a
good continuance of the same loading equipment through the new structure
without a height adjustment. He said fertilizer materials would be stored
in the building, which is not a new product. He added the Fire Dept. has
had a training session out there and went through the site and buildings,
and they have no problem with the suggestions made for the addition of
Class 5 fill.
Chrm. Stoltzman asked if there was anyone present in the audience who wished
to comment on this item, and there was no response.
Schmitt/Czaja moved to close the public hearing. Motion carried unanimously.
Schmitt/Koehnen moved to approve the amendment to Conditional Use Permit
Resolution No. 348, with the following conditions:
1. The applicant will submit to the Fire Chief a list of all products
stored on the site.
Z. The internal access roads shall have at least 10 inches of Class 5
fill leading to all hydrants.
3. All previously placed conditions applying to the original Condi-
tional Use Permit Resolution No. 348 remain and apply to this
amendment.
Motion carried unanimously.
PUBLIC HEARING - PRELIMINARY PLAT DELLA'S IST ADDITION
Schmitt/Czaja moved to open the public hearing regarding the preliminary
plat approval of Della's lst Addition. Motion carried unanimously.
The City Planner went over the considerations of the plat and recommended
that because of the unresolved issues of slope development, alignment and
screening of Austin Circle and the drainage issues, it be continued to next
Shakopee Planning Commission
bvember 8,1984
--r ge 5
Discussion followed regarding the developability of Outlot A.
Chrm. Stoltzman asked for comments from the audience.
Cecil Clay, the developer, explained that Outlot A was only included to
straighten the line out, and will be deeded over to the neighbor, who will
be developing it at a future time. He said that because of the steepness
of the hill, it would be almost impossible to move the road over as is
requested by the City. He further explained the amount of slope and which
lots are most affected by the drop in topography.
Al Lewandowski asked where this development was located in relation to his
property. The relationship was shown to him. Discussion followed with
a few other neighbors regarding the damage done by the City on the rail-
road right-of-way behind their properties, and their dissatisfaction with
the grading and loss of trees.
Schmitt/Czaja moved to continue the public hearing to December 6, 1984 to
allow resolution of the issues raised by staff. Motioncarried unanimously.
PUBLIC HEARING - TWIN CITY TILE & MARBLE CO. RE -ZONING
The City Planner stated this application for re -zoning was withdrawn, so
the item is deleted from the agenda.
PUBLIC HEARING - WINTER CONDITIONAL USE PERMIT
Czaja/Schmitt moved to open the public hearing regarding the request by
Kevin Winter for a conditional use permit to conduct a T-shirt screen print-
ing business at 1830 Marschall Road. Motion carried unanimously.
The City Planner went over the considerations of this request and recommended
approval with conditions. She explained the code requirement that the ap-
plicant must live on the site of the home occupation.
Chrm. Stoltzman asked if the applicant would like to comment.
Mr. Winter stated he has already started his business and explained all the
work they have done to the property in putting in a well and fixing up the
barn. He plans to do quite a bit of renovation to the house before they
move in, which he hopes to do by June. He said his hired man and two room-
mates are living in the house now. He said they bought the property fully
intending to live there, but there is so much re -wiring and plumbing work
to be done before they move in. He said they will be living there for sure
before the end of 1985.
Discussion followed regarding this conflict with the ordinance, and the
possibility of it being legal if the employee is living in the house.
Bob Schaefer, 13700 Columbia Ave. N.W., expressed his belief that the City
should do whatever it can to encourage this activity, as the Winter's have
made major changes and improvements to the property.
A neighbor asked about the transient persons living in the house and all the
activity in the house. Mr. Winter replied that some of the renters worked
at Valleyfair, and they have left now and there is only his employee and two
roommates living in the house now.
Shakopee Planning Commission
5� vember
8, 1984
age 6
Mr. Winter clarified that there is no odor from the process and it is a
full-time job for him. He said he travels quite a bit at shows from the
spring through August.
Dan Swansgnwho lives next door to this property, expressed his concern of
whether Kevin Winter will occupy the house. He also asked for some sort
of commitment regarding the size of the business, in this single family
area. It was explained that the conditional use permit covered only the
business as it is now represented, and if there is any expansion, there
would have to be another public hearing.
Schmitt/Czaja moved to continue the public hearing to December 6, 1984 with
direction to staff to get a legal opinion regarding the tenancy issue as
is required by the Home Occupation. Motion carried unanimously.
Schmitt/Czaja moved for a five minute recess at 10:30 p.m. Motion carried
unanimously.
Schmitt/Czaja moved to re -convene at 10:35 p.m. Motion carried unanimously.
DISCUSSION - HALL CONDITIONAL USE PERMIT VIOLATION
Czaja/VanMaldegehm moved to discuss the Gordon Hall conditional use permit
violations at this time. Motion carried unanimously.
The City Planner reported that no building permit has been applied for to
construct an accessory building, and she continues to receive complaints
from neighbors regarding parking, noise and outdoor storage of materials.
Mr. Hall responded that he is storing his blocks at Mobile Home Minnesota.
He also said he only has one employee now and his wife brings him to work
and drops him off and picks him up, so his vehicle is not even parked on
the property. He stated he has another job and is away from home most of
the time, and his wife also has a job away from the home. He said they would
still like to build a shed, but are having trouble financing it.
Mr. Hall also expressed his frustration at receiving the letter just yester-
day which informed him that this issue was on the agenda, and he had to drive
800 miles home to appear at this hearing. He thinks there is just one or
two people who are making the same complaints because of some personal reason,
and no one else around him is concerned.
Schmitt/VanMaldeghem moved to not take any action at this time, and the
Commissioners try to make it a point to make their own casual observations
over the next 60 days at this site.
Mrs. Hall added that across the street there is a retail business which has
a lot of vehicles, so when cars are seen parked by them, they aren't nec-
essarily theirs.
Motion carried unanimously.
/o
RCvE.:::D ! `rG '7 1 .:.i.;i�r.T i•.t 'J m_'�L .. //��: n, ' rig n.�T^ •T'T1"R", N
w.{� i� T —/- - _.' V lL �.� vii.
i1.iJ to i,'L.�.z.�y._,-, 7?' T-7 0 - rr.-,t `•,'�, "l5 10/84
,- ct-- m C0'.^.I 1 u e T:EI;:b� S 11 ' 1E 0 l t u
Prior to �,ze e : „ r�< , ^r - or ,u?�L �.' �o
ins,�ect the Dial -n- Li 'e
Chrr.. Duni�.rell caller the r:eeti:� to or•rIer :-:t 7:4C .;_.. �,;ith
members Schi-� ns -ler, x rio uta � � :'e�.s � wnd Zie,, resen u . � SO
nresert „ere B:_rry titoc' , Transit Coordin-."u ,.n: Cncl. Colli, -En
. ho Carri, C,7 lE�ter.
Sch':�intler/uie-ler loved to as,rrove the r.inutes C_� the September
^ -
t n rri 'a � sly,.
�7, 194, meeting..,I,`o;, on ,.•���. e�,. L?n�.r_;.,__o„cit-
The follo•.,ing- van -000l policies were (Iiscussed:
DriIC�'-77) V7"sICL�
ir. StOC'� rEL'ie'.:e� f1TTe OSS1bl2 alterrirtivesOr a:
vehicle t0 the van o01-Orol-r .m not ins?' =.aV .nt_ :C and aisadvan-
t' ,eS sSOCi•:.ted ;'aith e'.ch ,ltLrn` t�'.TE. C0:^•t "tiCu and
insurance c:uesti ons :;ere the most recurring- considerations.
Schl, inrler,/.Veeks movedt0 obtain a b .cii ' vehicle "ro:” Vin
..
Pool Services Inc. Er. toc _ rointe�� out that the Dial -A -aide
cont-ract ,rould have to be amiended in order for a back -J: ', vehicle
to be obtained.
: i re , i 1_^ n 7.' red .i re = , -,; 'f
it11d_ r, she �__o„_on w=�� _oti uo co_:�__e _ ,_ L.
CL -"Uy Council that- the Dial -._-Ride contract dr.teru Se-)ter-ber 1
1984, be -r_enc?ed to include the follo-i-n. lo_n7u�I-e u-c.r�
+'lo T' Y^ e to t-_ Cont ract:
as .. aenc:u.�_ +�t_.�ber Cil„ � -e ., � .
Reouest for B': -,C_ u'C V ehi cle
The Contractor shall be responsible _'or --rovi dim.•,; one
15 P=._sen~er vehicle .-hich i uo be used as a back-ur to
uhe Di al -A -Ride and v n .,o,)1
in the evert a v=' -n rool breaks dozer_ -:a-file in commuter
r�r r; ce = �e driver '.-'ill cal" � �1e Shar-onee D4 al-y-B.ide
o* ice '_C% recu`est !: ac—I�-'J_?) vehicle. If OSC1b1E, t_1e
bac-I_-u; vehicle ,Frill be dis-o'_::�'tched to ,ic the suran'le:i
c or:__uu e r
The bwch.-u,-) vehicle shall "-!so be available to v_ -r_ ;_fool
,•_T,rou'^s -:-hen their vehicle is out of service or a da7T or
more .gin•`- n —h_, z e - their a�"? l s -F- `r,. s- - ' r 'he ven,.� ear v -_Pails t _L_�
r o- ni n-�_-.
T e cost o- the b_,cr>-u ve_�ic1_e . i 11 be ; a --
C-it- u0 V�..:n X001 ._ rt%1Ces Inc. ger aut=C�1':'_�'_1t - 11__'0 ,am
'JOST .
Yarthe-r . otTc th- t e._ch v ._1 col ~ro, shall ase car
1 1 �v rl l -Le Ca i�
�Do0 1n- _. � coni _ n7e-n +-r ^1 :Y 1 i1 t .. ve lu u_l. C _-�'.
vehicle isly: �_a .
,: oticrl c'rr� ea ��n��r?.-ous1T-.
._, , m p T n«
,
1oy, .-he.,n h1--1-,7'_7-1-1 u.. `r -i rte•
L'�..'nQi ti, .�. rl c� ... .� .. C"1r,.�'.r�'r -ii "� 1 i �Sl" �^ �. _.. (ley"' rn
_ , ZTi CJ 11_•_w_ �C: c� F.. o Lir _. U -IC.
�%...n '1 'vl C..�,.'� .TrrV Uo �'_e U'.:r _-rle ,��e U�1',.'r �..'Y' _�'� U �;:?F- wn ,._lam r 3 lr'..ee�a
on 1t„ daily ro,: =ems_ -'U-he dr -*L --E_' ._ec-de c, h-. t co;l-,:it-ions ,.rP
1�- ,'� S '_ ^' '.r vyn , he/she h:-.11 be re "oi1^lulE
T! ^o o /�.�^.�::..1 //11.-1}7-- 1�_ U Ci �l+Wr �.._i ll _ 1_ w.�.._�i 1--h-
.��.--L ff�� � i •}�
Xo c•o -'-,-.c U4n- •-�11 :l,�e. re --lar rimers -'-n h— vw-n rool. `_.e
be ry� on � 'til_. : c coi_-G
nd �iZI,1'. r,-a(l10 St -tiCnti � :E!! cable.T which,'1il nnounce
nCE
vile roL?'Ge c", -cell tion. L'1_ d,- r hen v`... Col oJT re
le •v _ '-_µ VO __ C .end! -. U.le1�, 'here
3"c C C tICL=S C ( V_-_ �_ _ __'_� t:1E' V':'__� le t:d T1'1E_:—nool c -rive-rc.
_.-re iso un -ed to til__ t�) ec ch Ct_i-r t:. re-LchW - co'� __:J ens,.,
I'-otion Carried .;?'rani moi sl'r.
,oc'r notes' th.-�t on -t ^, 1934, the and T-r,_nN-
ortation co=i ttee a,.o~ ted van ool 011C7- Yhich .::d-1 Messed
�� ;ic= oU c -to�,n 1 o t ii_ w•d._�t� n to
w colic- �.ch 1lo;:rEd non-rE idents cvrmectir m .: __t _ _rl the cit,'`<r
li?:it._ uo bo rd v_ n voo1�. fie Cited give_ves to
outline the.neo-ra-. hical o-�eration-.l :.re`, o= the D=_al-A Fide
4:.ni su:Me . t:.. t'�e GEci�i o"�. ^�rallel the
vin ool olicies
as ed�e .slier. Disc,,lssion e'_1^' e0 .
--/3c'-Yjrin-ler ,roved th-.t Dial -A -lode tris est originate
-and ta-1—Minate within the Shakonee city lirlits: th�_:-.t outside t -Ii-
i i r: �' 3 ;
city lir: lis shall be de_ nevi. v s h,t area outside t �e o�Ticial
city% bo=nd^.ries cnd Mat 7-)eo-ple livin� 'outsi e the=ha1:o-aee cit;
limits sh_�711 not be llo„eu to be -sic _ed u? :.t their _:.orae 'Cor a
ride on the Dial-r.-_RJ_'e -ro :ram. These lir_its 2"re subject to
npnAc� rT. nr� f�» T�,•,^iP' '7 �i11r 117; +�
_ .:.:.,-vim--
i� 1ir 7111 11v1r
Ti-- . Stock has -received several comments and comrlai -ts rem rrdiri
the me -vi '''•o 11c -.T t there z'r:c'ald be no
hol id-: YI .`,'eek -s or i-:o_'ths. Discussion ,:,-s t0 : hethcr riders
v� 'Y' r rA Y i� -j j .a .1 c f o e r7
o„-ld c�edite. nor o_i:_�. _x_10-- �.
Z1e? 18T!`'C11s;,-in -1 eT moven to }'-:E:en the Ct.�.tuz% Ciao; holiday
weeks or months there Sh -I1 be no re L ud t 1 on n: _--.are, _ Cr-�:.TL
-pool riders. s'" otion carried
+toc',- -ave e=.ch cor__:ittee "ei2�Jer a. Van ool olic-.� boo'--!
co=enc'ed ?7r. Stoci: for a. lob well done.
_=5 0,4
' .... J'
t
-'t c� brie -f u- c_.. e cn u_ -.e o_: t_ e
Tr17t C l'lll l �y :ar`l 7�c F j p n i �:i -cussed
r -i- n 4 "1y r. 1 t�
in Mre .te det- � �..0 �_Ze
1toc�,-� _lo tree By_.1-1't-Ry-�e velz-:!.cles -!"l be
i:1: Z'.:`v,�:• T -IC �1�U __:l,.(i. �u�!.. � �.�v�-�'°,Cits-;'', ,...;,_,Q�'�� Lr'r,}'1_ v`Il
ele 'i" �1 .- ",:;r. -:--i :7 w1 , . L J � 1 C T"+'1 1 , incl- �., � • a p A i..j -I-
election-
ctio__ dal . _ or_o„ o:_._ . ,_1 .,,er__._ s be _ c = U ,._Ur,.
the ,,.ti11i L f bills; i -n s ,_...1 be �os1i:.3. .. round �Ol.aii; b_ OC_i:,._ ..:>
~gill be ;�l :.ced in b-.nI:s m! doctor's o- "ices:. mile bz riser is
also u.n.
Chm. Bu ..,ell not:;d the ne _t .:eetir,- v ll be held on
November 15, 19 ;4,
moved to 0�:djourn the :eetin~, at 9:05
1:_Oti on c: rried-unwnir-ousi-
B--.rry Stoch judv Hufrh s
;+dr_:in. wide/mL-ransit Coord. Recordin-, Secret,ar 7
TENTATIVE AGENDA
Board of Adjustment and Appeals
Regular Session Shakopee, Minnesota December 6, 1984
Chairman Stoltzman Presiding:
1)
Roll Call
at 7:30 P.M.
2)
Approval
of November 8, 1984
Meeting Minutes
3)
7:30 P.M.
PUBLIC HEARING:
Request for a variance from
the front
yard setback of
6.5 feet to construct a seating
addition
on Lot 2, Block
1, Furries 1st Addn.
Applicant: Pizza Huts of the Northwest Inc.,
4570 W. 77th St., Mpls., MN 55435
Action: Variance Resolution No. 382
4) Other Business
5) Adjournment
Judi Simac
City Planner
CITY OF SHAKOPEE
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN December 6, 1984
Chairman Stoltzman Presiding:
)) Roll Call at 7:30 P.M.
2) Approval of October 4, 1984 Minutes
3) Approval of November 8, 1984 Minutes
4) 7:45 P.M. Continuation of Public Hearing: Request for
Preliminary plat approval of Hauer's Third Addition lying
in the SW 1/4 of the NE 1/4 of Section 8, CR 16 and 13th
Ave., legal description on file.
Applicant: Gene Hauer, 2088 Hauer Trail, Shakopee
Action: Recommendation to City Council
5) 8:00 P.M. Continuation of Public Hearing: Request for a
conditional use permit to remove sand and gravel aggregate
upon property located at SE 1/4 of NE 1/4 of Sect. 17,
NE 1/4 of NW 1/4 of Sect. 16, W 1/2 of NW 1/4 of Sect. 16,
CR 83, legal description on file.
Applicant: Scott County Lumber Co. and Bert Noterman,
312 West 6th Street, Shakopee
Action: Recommendation to City Council for Mining Permit
Conditional Use Permit #376
6) 8:15 P.M. Continuation of Public Hearing: Request for
Preliminary plat approval of Della's 1st Addition lying
in the NW 1/4 of Section 8, East of 11th and Shakopee
Avenue intersection, legal description on file.
Applicant: Cecil P. Clay, 2135 Park Ridge Dr, Shakopee
Action: Recommendation to City Council
7) 8:30 P.M. Continuation of Public Hearing: Request for
conditional use permit to conduct a T -Shirt Screen Printing
business at the property located at 1830 Marschall Road,
legal description on file.
Applicant: Kevin Winter, 1830 Marschall Road, Shakopee
Action: Conditional Use Permit #381
8) 8:45 P.M. PUBLIC HEARING: Request for conditional use
permit to raise horses and construct a pole barn at the
property located at 1976 County Road 89, legal descripton
on file.
Applicant: James Bucholz and Shelly Vogel, 506 Connelly Lane,
Burnsville, MN 55337
Action: Conditional Use Permit #383
9) 9:00 P.M. PUBLIC HEARING: Request for conditional use
permit to raise horses and construct stables and riding
arena at the property located at NE 1/4 of S 1/2 of
Section 19, legal description on file.
Applicant: Harland Hohenstein, 2693 Marschall Rd., Shakopee
Action: Conditional Use Permit #384
10. Discussion: Proposed amendment to permit community residential
facilities in an R-1 District.
11. Discussion: Proposed Downtown Ordinance
12. Discussion: Revised 1985 Planning Commission Schedule
13. Informational Items:
14. Adjournment
a) Rules and Regulations
b) Roof Height Requirements
c)
Judi Simac
City Planner
CITY OF SHAKOPEE
CITY HALL SITING COMMITTEE
REGULAR MEETING SHAKOPEE, MINNESOTA NOVEMBER 12, 1984
John K. Anderson, the City Administrator, opened the first meeting
of the new City Hall Siting Committee at 7:00 p.m. in the City
Hall Conference Room. Members present were John Leroux, Gloria
Vierling, Dolores Lebens, Dave Czaja and Dave Rockne. No members
were absent and no other citizens or staff were present.
Dave Czaja suggested that it would be useful to know who uses
City Hall. Specifically, what the traffic census might be for
citizens coming into City Hall and what the traffic census might
be for employees leaving City Hall for various functions during
the hours City Hall is open. The City Admr. said that he would
discuss this item and prepare something that could be used for
such a survey. It was discussed that the survey could go for
approximately two weeks.
Committee members indicated that they would like to know what
the actual City Hall needs assessments were. The City Admr. said
that he would provide the Committee with a report completed
by LeRoy Houser in 1981 which would indicate the square footage
and cost needs. Committee members indicated it would be useful
to make sure that we had gross project costs when dealing with
this subject.
The Committee, reviewing and commenting on some material supplied
by the City Admr. regarding the City of Chaska's siting efforts,
decided it would like to physically view some of the new city
halls in the Metropolitan area. Committee members suggested
that Lakeville and West St. Paul might be added to the list
reviewed by Chaska.
The City Admr. brought up the subject of public notices and
public information. The Committee felt that the ICC, Downtown
Committee, Chamber and Planning Commission should somehow be
kept appraised of the Siting Committee's activities and that
towards the end of the process public hearings would be appropriate.
The City Admr. discussed notifying the Press of meeting times
and locations and the Committee agreed that it was appropriate.
Dave Czaja suggested that some kind of organizational chart
would be useful so the Committee could have a handle on the
departments housed in City Hall and the types of activities
conducted in City Hall. The City Admr. stated he could provide
such an organizational chart at the next meeting.
The Committee discussed the growth of Shakopee and asked for
information that would map out population growth for the next
10+ years. The City Admr. said this was probably available
in the Comp Plan and could be provided at the next meeting.
The Committee decided that it would meet regularly at 6:30 p.m. on
the second Tuesday of the month in the conference room at City
Hall with the next meeting being on November 27, 1984. Committee
members asked that a reminder call be made prior to the meeting.
The Committee then selected officers, electing John Leroux for
Chairman, Gloria Vierling for Vice Chairman and Dave Czaja for
Secretary. It was noted that the City Admr. , as staff for the
Committee, would be the recording secretary.
Chrm. Leroux asked that there be an agenda for future meetings.
The meeting adjourned at 8:00 p.m.
Dave Czaja
Secretary
John K. Anderson
Recording Secretary
for a
little more
detail that
would project
1980, 1981 , 1982
and 1983 population
figures and
make a forty
year trend line
based
on the growth
during those four years. The Committee
asked
for the same
projections
based on new
building permits
which
would measure
increases in
households.
The Committee reviewed the organizational report and asked for
no further information on the report.
The Committee then discussed reviewing City Hall sites in other
communities. The Committee discussed possible City Halls to
look at and the City Admr. stated that he would finalize this
list based upon the Committee suggestion that all buildings
viewed be less than ten years old. The Committee also asked
that they have a map showing the location of each City Hall
and the city's boundaries and a list of the offices housed in
the city hall building for each of those communities.
The Committee also suggested that it would be useful to survey
cities that contain the County Seats in several counties to
determine how much weight was placed on locating adjacent to
the County Courthouse. The City Admr. indicated that this would
be done.
Dave Cza ja stated that he could drive a Van Pool van for the
City Hall tour if it was okayed by the City's Van Pool coordinator.
The City Admr. stated he would contact Barry Stock.
The Committee decided it would take the tour on December 8th
from 12:00 noon to 6:00 p.m. and would have a formal agenda
at that meeting as well, rather than meeting on the second Tuesday
of the month.
The City Admr. said he would notify the newspaper about the
upcoming city hall tour on December 8th.
ZY1E_ C1�Jq_(q_ittPa di_sri� cpr3� ii�� c�!j �_t f;_}y�Qf h�QQ 1>,a_ i m1
Y -+ 1 1 V i JLfC. V� �/ 1 G V V Q 1 .7 • 1 j j�
Committee felt that they should complete data collection, review
however many sites seemed appropriate, narrow that number down,
and then present 3 or 4 sites to standing boards and commissions
for review. After review by the boards and commissions the
committee would then take_ one-, two- or. t -b! pe_ +-o„ +-ba,
for public hearings. It was felt that the public hearings probably
should be held when the weather would not keep people from attend-
ing. April was suggested as a likely month. The City Admr. said
that it might be realistic to plan to have all the numbers finalized
for a project by the completion of the 1986 Budget by October
10, 1985.
Meeting adjourned at 8:00 p.m.
Dave Czaja John K. Anderson
Secretary Recording Secretary
A RESOLUTION AMENDING THE CITY OF SHAKOPEE
PERSONNEL POLICY ADOPTED BY THE RESOLUTION 1571
WHEREAS, Resolution No. 1571 was adopted to provide reasonable and clear
expectation for the conditions of employment for it's employees; and
WHEREAS, it is necessary to amend certain sections of Resolution No. 1571
to mai,ataia raaszmable as�d clear _ c4ud tions of em 1Q ent.
?ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, NOW, THERE]
-A -3 ,1.1_o£ -Re s-o1ution 1571, .the City_of ,SIN F rkar _SF
�l Policy is hereby amended to read: Shakopee Personne
=1y after the receipt of a formal resignation, and prior to Council
he City Administrator will check the Budget/Personnel Resolution
is a budgeted position, notices will be posted in all City work
tb' Live clays, prior to aavertisrn" ioi ciy. `- L =che-arstier-Lv
.ty Administrator when circumstances warrant it, the 5 day posting
l may run concurrently with the advertising.
�d _in__ session o€ the City Council of the City of Shakopee,
field this day of , 1984.
Mayor of the City of Shakopee
to form this day
1984
Immediatf
action, t
and if it
placef
the Ci
perioc
Ano_o t g
Minnesota, I
ATTEST:
City Clerk
Approved as
of
City Attorm
TENTATIVE AGENDA
REGULAR SESSIpN
SHAKOPEE, MINNESOTA
Mayor Reinke presiding
1J Roll Call at 7:00 P.M.
2] Recess for H.R.A. Meeting
3J Reconvene
4J Liaison Reports from Counc i j T, ,�,,.
DECEMBER 4, 1984
1 rs
51 RECOGNITION BY CITY COUNCIL OF INTEREST
ED CITIZENS
6] Approval of Consent Business
considered to be routine b (All items listed with
one motion. There Y the City Council an enacted
are
o Como iln. T will be no se and will be enacted by
so requests separate discussion of these items
from the consent , in which event the item unless
agenda.) agenda and considered in its normal will be removed
sequence on the
7 Approval of
the Minutes of November 20, 1984
8] Communications:
a] Richard Kinzel re:
b] Paulette Rislund re:
dike
- - reD?j ntL rL�_ (-r1_ b`Hakopee : A Guide_
9] Public Hearings: 8:00 P. to Your Communit
M
103 Boards and Bnmmi,ESI�trs : • Single Family Mortgage Revenue Bont3
`able Communication Commission:
a] Cable Company's Proposed Concessions
122 Reports from Staff:
aJAuthorize Purchase of Front End Loader
b Authorize Entering into a Plowing
cJ Purchase of Additional Com Assistance
d] Application for Off ntox- E Agreement
Sale Intoxicaginpment
Liquor Inc., John Berstein, Pres., Mn.
iquor License b
tabled 11/20/84 MValley Mall, memo lonytable
#eJ Appointment of Dick Stoks
f] Appointment to DickPlanningand Terry Forbord to Downtown Committee
#9J Farm Lease for Lion' Commission, bring 11R from 11
hJ Sewer Fund cash s Park /6 agenda
iJ Workers CompensattionnInsurance
ce and 8fora1QRte ad�ustment
kJ Approve b;22s it amount of Memo on table
1 1984 IMProvement Bond Sale Recommendati
*l J Bypass ROW Ac +, 4 u �,
4111Si Lith rill s - informational SI'ringsted
m) Shenandoah ROW Acquisiti a _
services for General En 1111 urmati0naI
of West Side Sanitary Approve Y Sewer Study -
payment to Fredrich 0. Watson and transfer of flow
allocation
- memo on cable
?J Resolutions an_ 'Ice S*
T
a] 7:30 P.M. - Res. No. 2346
for Shako Pee Final Approval . IR Bonds
'84 Partnership of $515,000
3J Other Business:
a] Verbal report on status of 1985 labor negotiations,
non-union
g in
bJ First Meeting union and
CJ January, Jan. 2nd or Jan. 8th ?
d]
J Adjourn to Tuesday, December 11th at 7:00 P.M. for a
worksession.
- -- John K. Anderson
cz --(I�nistrator
,i
TENTATIVE AGENDA
Housing Authority in and for the
City of Shakopee, Minnesota
City Hall Council Chambers
Regular Session December 4, 1984
Chairman Colligan Presiding
1. Roll Call at 7:00 P.M.
2. Approval of the Minutes of November 20, 1984.
3. 7:00 P.M. Public Hearing on Issuance of Tax Increment Revenue
Bonds (Shakopee Racetrack Project)
Adopt Resolution -No. 84-20 - A Resolution Authorizing the
Issuance of Tax Increment Revenue Bonds (Shakopee Racetrack
Project) - on table
t 5. Authorize Participation in Single Family Mortgage Revenue
Bond Program.
6. Other Business
7. Adjourn to December 18", 1984, at 7:00 P.M.
Jeanne Andre
Executive Director
PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
SPECIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 20, 1984
Chrm. Colligan called the meeting to order at 7:07 p.m. with Comm. Vierling,
Leroux, Wampach and Lebens present. Also present were Jeanne Andre, HRA
Director; John K. Anderson, City Admr.; Judith S. Cox, City Clerk, and Rod
Krass, Asst City Attorney.
Leroux/Vierling moved to accept the special call of the Chairman. Motion
carried unanimously.
Wampach/Vierling moved to approve the minutes of November 6, 1984 as kept.
Motion carried unanimously.
Wood Kidner, of O'Connor & Hannan, explained the minor changes in the contract
for private development with Minnesota Racetrack, Inc. He said the major
change is the deletion of the lien portion of the contract, and he further
elaborated on those details. He added this contract also reflects the addi-
tional value in the assessment of the racetrack, contained in the Assessment
Agreement. He further explained how the additional increment could still be
used for other projects.
Vierling/Leroux offered Resolution No. 84-19, A Resolution Approving the
Second Amended Contract for Private Development with Minnesota Racetrack,
Inc., and moved its adoption.
Roll Call: Ayes; Leroux, Vierling, Wampach, Colligan
Noes; Lebens
Motion carried.
Lebens/Wampach moved to adjourn. Motion carried unanimously. Meeting ad-
journed at 7:16 p.m.
Jeanne Andre
HRA Director
Diane S. Beuch
Recording Secretary
� `J
TO: Shakopee Housing and Redevelopment Authority
FROM: Jeanne Andre, Executive Director
RE: Public Hearing on the Issuance of Tax Increment
Revenue Bonds
DATE: November 30, 1984
Introduction:
The purpose of this memo is to explain why a public hearing
on the issuance of tax increment revenue bonds is no longer
necessary.
Background:
Wood Kidner advised that a hearing be held on the issuance
of these bonds because although they are considered tax increment
bonds for State purposes, if the race track were supplied with a
loan, they would need to be considered industrial revenue bonds
for federal purposes in order to deep their tax exempt status.
An additional hearing was procedurally necessary if they were
defined as industrial revenue bonds. Now the final negotiations
track. Therefore none of the bonds will be defined as
istrial revenue bonds for federal purposes and a hearing is
lnically not necessary. However since the hearing was
�rtised, I recommend that it be opened in case anyone is in
audience and that a brief explanation can be provided.
tested Action:
Open public hearing, have brief staff explanation of situation,
close public hearing.
rac(
indi
tecl
adv(
the
MR
and
JA: t
Toll Free Minnesota (800) 862-6002
Toll Free Other States (800) 328-6122
iii "u�'�Cl"lfi �£i! tili�ia><'�, tic..
Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55431 • (612) 831-1500
MEMORANDUM
Jt Mayor and (City U67uncil-Mem6lers of -the City of Shakopee; Executive
Director of the Housing & Redevelopment Authority, City Administrator
ZOM: James R. Casserly` ichard R. Graves
$4,050,000 Housing & Redevelopment Authority
City of Shakopee Tax increment Revenue Bonds
Canterbury Downs Project
ATE: December 4, 1984
_nal approval for the above mentioned project was to be adopted this
rening. The problem is very simple: M.R.I. has not yet been able to
�t a Letter of Credit for the one year's debt service on the above
�ntioned bonds as required by the Contract for Private Development.
lis problem is not recent or unforeseen. The first documents drafted
ire the Guarantees and the Letter of Credit (see schedule attached).
Krass wrote M.R.I. and specifically stated that the Letter of Credit
ist be commited to by November 9 at the latest.
of 11:30 a.m, today, there were two possible sources for the Letter of
-edit, including Morgan Guaranty and Norwest Midland. Thus far, the banks
-e being much more difficult than the City, since you have allowed them to
larantee severally, whereas the banks want joint guarantees.
-1 of this suggests two things:
1. Everybody concerned is working diligently to close this issue.
2. This issue has always been difficult, and needs all of our
)-otinvinc cooperation and patience to make it happen.
1�R14
3
.I, certainly wants to close these bonds before the end of the year, M.R
we will need a very short special meeting to approve the final and
olution. Hopefully this meeting will, be within the next ten days. res
Headquarters: Minneapolis, Minnesota
Downtown Minneapolis • Solana Beach. California • Northbrook, Illinois • St. Paul, Minnesota • Naples, Florida • Tallahassee, Florida • Carson City, Nevada Branch Offices
SHAKOPEE H.R.A. TAX INCREMENT REVENUE BONDS
SERIES 1984
November 1 First Draft of Guarantees and Letter of Credit
November S First Draft of Indenture
November 7 9:00 a.m. - Due Diligence Meeting at offices of Minnesota
Racetrack, Inc.
November 8 2:00 p.m. - Drafting SEssion for Indenture, Guarantee, and
Letter of Credit at offices of Miller & Schroeder, 23rd Floor
November 9 Letter of Credit Issuer selected by M.R.I.
November 12 First Draft of Official Statement; Second Draft of Indenture
November 16 9:00 a.m. - Drafting Session at offices of O'Connor & Hannan,
38th Floor IDS: Official Statement, Indenture, Letter of
Credit, and Guarantee
November 20 Second Draft of Official Statement, Final Draft of Indenture,
Guarantee, and Letter of Credit
7:00 p.m. - HRA and City Council Meetings: Final Approval of
Tax Increment Financing Plan (District to be certified
between 11/20 and 12/4), Final Amendment of Development
Agreement
November 21 Official Statement to Printer
`6ovember 2.'3 -?,r S o€ �l€fitial States ent and ��rintis�g o€ �llf ciai
Statement
96vemder zY isonas JYr`errea'
December 4 7:00 p.m. - HRA and City Council Meetings: Final Approval
December 6 9:00 a.m. - offices of O'Connor & Hannan, 38th Floor IDS
Center: Closing
TO: Shakopee Housing and Redevelopment Authority (HRA)
FROM: Jeanne Andre, Executive Director
RE: Single Family Mortgage Revenue Bond Program
DATE: November 27, 1984
Introduction:
On November 6, 1984, the Shakopee City Council set a public
hearing to consider requesting authorization to issue bonds for
a 1985 Single Family Mortgage Revenue Bond Program.
Background:
When the City Council set the hearing it also determined
that if the City receives authorization, it would like the
Shakopee HRA to administer the program on its behalf. To
establish before the public hearing that the HRA is willing to
take on this responsibility, the HRA should adopt a motion
agreeing to administer the program. The City would also like
the HRA to pay the $1,000 application fee, which is refunded
if the City is not selected.
Requested Action:
Move to agree to adminsiter the 1985 Single Family Mortgage
Revenue Bond Program for the City of Shakopee if adopted by the
City Council and authorized by the Minnesota Housing Finance
Agency, and authorize payment of $1,000 application fee.
JA:tw
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA NOVEMBER 20, 1984
Vice -Mayor Leroux called the meeting to order at 7:07 p.m. with Cncl. Lebens,
Wampach, Colligan and Vierling present. Absent was Mayor Reinke. Also
present were John K. Anderson, City Admr.; Judith S. Cox, City Clerk; Jeanne
Andre, Community Develop. Dir. and Julius A. Coller, II, City Attorney.
Lebens/Wampach moved to recess for an HRA meeting. Motion carried unanimously.
Colligan/Vierling moved to re -convene at 7:16 p.m. Motion carried unanimously.
Liaison reports were given by Councilmembers.
Vice -Mayor Leroux 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.
Colligan/Wampach moved to approve the minutes of November 6, 1984 and Novem-
ber 8, 1984 as kept.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Vierling moved to place on file the letter from Gerald Wolner,
Shakopee Village Homeowners Assoc., Inc., dated November 7, 1984 regarding
the dirt pile in the adjacent lot. The City Admr. indicated he will check
on the progress in 30 days. Motion carried unanimously.
The City Admr. explained that the scope of the MAMA joint compensation study
has changed, and he thinks Shakopee should join the joint study as it is a
fantastic opportunity to get the study done inexpensively and efficiently.
Vierling/Wampach moved to authorize the City Admr. to attend the MAMA meet-
ing December 4, 1984 and indicate Shakopee's support of the joint compensa-
tion study, in an amount not to exceed $8,000.00.
Roll Call: Ayes; Leroux, Lebens, Wampach, Vierling
Noes; Colligan
Motion carried.
The City Admr. went over the AMM bulletin dated November 15, 1984 and high-
lighted some of the concerns.
The Comm. Develop. Director went into more detail regarding the proposed
revisions to the Housing Chapter of the Metropolitan Development Guide. She
stated she has no problem with the five listed general concerns. However,
she does feel that regarding the additional comments and recommendations
the AMM is exceeding its mandate to coordinate and facilitate housing con-
cerns in the metro area, by getting into lobbying and other issues. She
gave several examples of areas that would be more suitably addressed by
other agencies or organizations. Discussion followed.
Vierling/Lebens moved to support the AMM statement of general concerns,
Nos. 1 through 5, of the proposed revisions to the Housing Chapter of the
Metropolitan Development Guide. Motion carried unanimously.
Colligan/Vierling moved to state Shakopee's concern that regarding the Pro-
posed Revisions to the Housing Chapter of the Metropolitan Development Guide
dated October, 1984, the Metropolitan Council has exceeded its stated charge
to provide coordination and facilitation of regional planning goals in areas
that would be more suitably addressed by other organizations. Motion carried
unanimously.
Dick Graves, of O'Connor & Hannan, explained the difference between the pro-
posed Resolution No. 2344, in version A and B, regarding Tax Increment Dis-
trict No. 4, which is that version A would take the fiscal disparities con-
tribution from Tax Increment District No. 4 from outside the district and
version B would take the fiscal disparities from inside the Tax Increment
District. The dollar difference is in excess of $350,000. He added the bond
issue is not impacted by either version, and it is strictly a policy decision.
Shakopee City Council
November 20, 1984
Page 2
Mr. Pulscher, of Springsted, Inc., stated that realistically, if version B
is chosen, there is no option to change it later. He added that there are
so many variables between now and 1986 when the increment comes on line,
that it is hard to predict what impact the two versions will have. He tried
to compute the difference in mill rate each version could have. Discussion
followed.
Vierling/Wampach offered Resolution No. 2344, Version A, A Resolution Re-
lating to the Establishment by the Housing and Redevelopment Authority in
and For the City of Shakopee of Proposed Tax Increment District No. 4 and
Giving Final Approval Thereto, and moved its adoption. The City Admr.
summarized the resolution.
Roll Call: Ayes; Vierling, Colligan, Leroux, Wampach
Noes; Lebens
Motion carried.
Colligan/Vierling moved to open the public hearing regarding the restriction
of parking near the hospital and courthouse. Motion carried unanimously.
The City Admr. summarized the memo of a year ago from the Police Chief re-
garding parking around the hospital and courthouse. Cncl. Lebens said
she hasn't received any complaints relative to parking between 3rd and 4th,
but she thought the area of restricted parking should be extended to 5th
and 6th, as there have been complaints in those areas.
Chief Brownell said he thinks the figures he got last year regarding parking
were faulty because of the construction and the Human Services Dept. not
having moved in. At this point, he would rather deal with restricted park-
ing piecemeal, upon complaint, rather than doing blocks at a time, because
of cost and enforcement. Discussion followed.
Bernice Caspers said she lives between Lewis and Holmes on 6th, and she said
people park in front of her walk -way all the time, and all winter she doesn't
have access to the street. Discussion followed regarding painting the curb
yellow. Ms. Caspers related that in Robbinsdale near North Memorial Hospital,
residents are given a card that signifies they are homeowners and they can
park in the restricted zone. The City Admr. responded that is an alterna-
tive that can be looked into if the need arises.
Colligan/Vierling moved to close the public hearing. Motion carried unani-
mously.
Wampach/Vierling moved to notify homeowners adjacent to the west side of
Holmes between 5th and 6th and the north side of 5th between Holmes and Lewis,
that restricted parking of 2 hours is being contemplated for those areas,
and if they have any concerns, they should notify the City within two weeks.
Motion carried unanimously.
Comm. Develop. Dir. explained that the main assistance the Housing Alii
is looking for from the City is a land write-down for their housing
ect. She added an additional concern could be whether or not the City
s to link its approval to any other issues, such ,as streetscapes, project
nsion alternatives and participation in grant applications.
y Smith, representing Housing Alliance, said their market study showed
iixZl*c u2�u a�i4' m'&iT. 2' i�^ti*c zz'i:>d'll.�33CGt2�*`c_goyinr_-t1C�ticirbv-n_Shak4nee.
dart c JrrUJXY&-. i i5 iur cil-erLifLT��i�li^� 'S1I' �Sl{ -ILP airj .F .r1 3 JKR&r --YJJU1-
Lebens asked about any future plans to sell any of the units because
e restriction that public funding is not available for property within
eet of a railroad right-of-way. Mr. Smith said he wasn't aware of any
r VA restriction about financing that would impact their project. How -
he would check that further.
mith further emphasized that tax increment financing is important to
project because of the difference in construction costs and middle -
e level housing needs for seniors. Vice -Chair Leroux asked about some
of deed restriction that would prohibit conversion of the rental units
condominiums for the life of the financing. Discussion followed.
ing/Colligan moved to give__preliminary_approval to the Housing Alliance
st for tax increment assistance in the form of a $125,000 land write
ver 20 unit structure.
Shakopee City Council
November 20, 1984
Page 3
Colligan/Vierling moved to amend the motion to include the recommendations
of Bob Pulscher, of Springsted, Inc., in his letter dated November 15,
1984 regarding this project; and the consideration of a deed restriction
prohibiting the conversion of the rental units into condominiums.
Roll Call on the amendment: Ayes; Colligan, Vierling, Leroux
Noes; Lebens
Abstain: Wampach
Motion carried.
Roll Call on main motion as amended: Ayes; Vierling, Leroux, Colligan
Noes; Lebens
Abstain: Wampach
Motion carried
Colligan/Vierling moved to table the application for off sale intoxicating
liquor license by Valley Liquor, Inc., John Bernstein, Pres., Mn. Valley
Mall, because the application is not in order. Motion carried unanimously.
Wampach/Lebens moved to direct City staff to establish a Finance Department
program that will annually compute the Fire Relief Association annual lump
sum benefit based upon an average $5,000 annual City contribution beginning
in 1987 and continuing until such time as the lump sum pension benefit ex-
ceeds $3,000 per year.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved to approve payment of $53,418.50 to C.S. McCrossan
S nnsrriu rssiar Inns fnx Slunk Highwav 101 Improvements Pro i ec t 1984-8.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved to approve an increase in the quantity of "Rock
Excavation" resulting in a cost increase of approximately $14,500.00,
and approval of a full depth shoulder section requiring an increase in the
quantity of "Class 5" resulting in a cost increase of approximately $3,700
for Shenandoah Drive Street Construction 1984-4.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved to approve payment of Partial Estimate No. 1 for
Shenandoah Drive Street construction 1984-4 in the amount of $121,668.00 to
Buesing Brothers Trucking, Inc.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved to authorize the City Engineer and the City Admr.
to approve up to $2,500.00 in additional work in the event of an emergency
or other unforseen occurance in order to expedite the work on Shenandoah
Drive street construction 1984-4.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved to approve the payment of $9,785.00 to Busse
Construction, Inc. for Timber Trails Park Improvements.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Lebens moved that the bills in the amount of $4,351,219.01 be
allowed and ordered paid.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved to nominate Dick Stoks and Terry Forbord to serve on
the Downtown Committee.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Vice -Mayor Leroux reported that Mayor Reinke told him he would abide by
Council's decision, 'but he would request the nominations f oz Pianning io-11-
missioner be voted on at the next meeting so he could participate. He added
rberg 1G no P1 arming Commission meeting between now and the next Council
meeting.
Lebens/Wampach moved to table Planning Commission appointment until December
4, 1984. Motion carried unanimously.
Colligan/Lebens moved to advertise only for open positions where the incum-
bent is not interested in re -appointment to a board or commission. The
City Admr. pointed out that one incumbent for Planning Commission has not
decided if he is interested in re -appointment, but there will be no adver-
tisement because of the recent submissions for that position. Motion carried
unanimously.
Shakopee City Council
November 20, 1984
Page 4
Vierling/Wampach moved to repair the cassette recorder and maintain status
quo for the recording of City Council and Planning Commission meetings
using a cassette recorder.
Motion carried unanimously.
The City Admr. was directed to request the Cable Company to keep the video
tapes of the City meetings for two weeks.
The City Clerk went over the memos regarding alternatives for apportioning
the 12 on sale liquor licenses. Considerable discussion ensued regarding
requiring a minimum value or square footage for a hotel/motel complex with
restaurant, restrictions on sub -leasing restaurant/bars, inspection process
before re -issuance of liquor license and whether or not the new licenses
should be apportioned at all or remain open until applied for.
Consensus was to set up a work session for this issue on December 11, 1984,
with staff directed to draw up several alternative ordinances that could be
adopted with various criteria for the issuance of liquor licenses, with
the intent to have the ordinance in place by January 1, 1985.
Cncl. Lebens reported that Ordinance No. 351 was never accepted by the His-
torical Society, and therefore it should be stricken from the records. She
gave some further history of the request for financial help at that time
and the issue of whether or not Memorial Park was to be given to the Res-
toration Center also, and the financial help given by SPUC.
Lebens/Wampach moved to direct staff to prepare an ordinance rescinding
Ordinance No. 351. Motion carried unanimously.
Marge Henderson gave further perspective relative to Murphy's Landing's
board actions and intentions for the future for handling budget items and
procurement programs.
Vierling/Colligan moved to provide $15,000 in 1984 to assist Murphy's Land-
ing in reducing their $25,000 in payables through a contribution from the
General Fund Contingencies.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Discussion followed regarding various ideas for a little more commercial-
ization at Murphy's Landing to become more self-supporting. Consensus was
that discussions could continue regarding long term support by the City.
Colligan/Wampach offered Resolution No. 2345, A Resolution Approving an
Amendment to the Amended Contract for Private Development With Minnesota
Racetrack, Inc., and Taking Certain Other Actions with Respect Thereto,
and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
The City Attorney recommended accepting the settlement offered by Quality
Waste Control regarding street damage.
Colligan/Vierling moved to accept the offer of $2500.00 from Quality Waste
Control for damage by their garbage truck to streets in Eaglewood Subdivision.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
The City Attorney reported on an uncollected bill for weed mowing on a lot
next to Perkins owned by Ace Realty, and recommended writing the bill off
as it really wasn't worth more time to collect it.
Vierling/Lebens moved to write off the bill for $77.00 to Ace Realty for
weed mowing.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Vierling/Lebens moved to direct staff to draft a resolution establishing a
policy that in the future any uncollected weed mowing bills not paid by
October 1, be certified on the taxes. Motion carried unanimously.
The City Admr. informed Councilmembers of a requested action by a Planning
Commissioner regarding seeking further legal opinion relative to the require-
ment of the right-of-way dedication along CR16 and CR17 within the plat of
Century Plaza Square 2nd. Consensus was to react to any written legal
challenge only, and in the meantime to stand by the previous opinion of the
Asst City Attorney.
Shakopee City Council
November 20, 1984
Page 5
The City Admr. stated that the "Give Where You Live" promotion by the
Scott -Carver Economic Council would like to sponsor a challenge between
the cities of Shakopee and Chaska to see who can give the most.
Vierling/Colligan moved to accept the challenge for the City of Shakopee
to give more than Chaska in the "Give Where You Live" promotion by the
Scott -Carver Economic Council. Motion carried unanimously.
Vierling/Wampach moved to adjourn. Motion carried unanimously. Meeting
adjourned at 10:45 p.m.
Judith S. Cox
City Clerk
Diane S. Beuch
Recording Secretary
(( �l
LEAGUE OF WOMEN VOTERS OF SHAKOPEE • SHAKOPEE, MN • 55379 JJJ
November 30, 1984
Shakopee City Council
129 East First Avenue
Shakopee, MN 55379
RE; Funding the reprint of - SHAKOPEE A GUIDE TO YOUR COMMUNITY
Dear Mayor Reinke and Council Members:
As you know, one of the goats of the league of 'Women Voters is to increase
community awareness and involvement in government. Toward that end, the
Shakopee LWV has published SHAKOPEE: A GUIDE TO YOUR COE=TY with the
hope of bringing an understanding of city government to our community. The
booklet was originally written and published in 1977 with second printing
in 1979•
Supplies of the most recent printing have now been exhausted. The booklet
has been distributed primarily to new residents of the community through the
"Welcome Wagon Organization". In addition, copies have been available at the
Library and at various public functions conducted over the past seven years.
Rrasedl cn rerpat-A ca ;4* :eutz, the League 1.ra1ie3es this pub1icatjor1 to be ari
extremely worthwhile service; therefore our Board of Directors has made a
commitment to revise the booklet provided we are able to secure the necessary
funds to finance its publication. Preliminary estimates indicate the cost of
1000 copies would be just under $2,000. Costs of the initial printing in 1977
were shared by the City and the Shakopee Jaycees, while the second printing
was paid for totally by the City.
Before we proceed with the revision, we need to know if the City Council
would consider authorizing funding of this publication once again. If funding
is approved, we hope to have the revised copy ready for print in about two
months.
We sincerely appreciate the City's past support of this project and with
your approval we look forward to serving the community in this capacity once
again.
In addition, we welcome your comments and suggestions concerning the format
and content of the booklet.
Sincerely,
,_ti
Paulette Rislund
League of Women Voters of Shakopee
TO: John K. Anderson, City Administrator
FROM: Jeanne Andre, Community Development Director
RE: 1985 Single Family Mortgage Revenue Bond Program
DATE: November 30, 1984
Introduction:
The City Council has set a
1984, to consider participating
Pevenue Bard Pragram-
Background:
public hearing for December 4,
in a 1985 Single Family Mortgage
Attached is Resolution No. 2346 which adopts the Policy
Statement and program necessary to proceed with the program.
Prior to the hearing the Shakopee Housing and Redevelopment
Authority should have acted to confirm its interest in admin-
istering the program for the City. Letters were sent to po-
tential builders/developers and 5 have informed the City that
they would be interested in participating in the program in
1985 if the City receives authorization to issue bonds. There-
fore I recommend that the City proceed to submit an application
to receive authority to issue the bonds.
Requested Action:
[ia� 7�-r� Lr'lu�Sorralv�. L.34t), X- Keg bzr KaQp-Czhg
1985 Single Family Revenue Bond Program for the City pursuant
to Minnesota Statutes, Chapter 462 C.
JA:tw
Resolution N o. 2 3 4 6
A resolution adopting the 1985 Single Family Revenue
Bond Program for the City pursuant to Minnesota
Statutes, Chapter 462C.
WHEREAS, Minnesota Statutes, Chapter 462C (the "Act") authorizes the
City of Shakopee, Minnesota (the "City") to develop and administer programs of
making or purchasing mortgage loans to finance the acquisition of single family
housing units located anywhere within its boundaries for occupancy primarily by
persons of low and moderate income; and
WHEREAS, the Act requires the adoption of a housing plan (the "Housing
Plan") after a public hearing held after the publication of notice of the hearing at
least thirty (30) days prior to the public hearing; and
WHEREAS, Section 103AO)(5) of the Internal Revenue Code of 1954, as
amended (the "Code") requires the adoption of a housing policy statement (the
"Policy Statement") after the holding of a public hearing after reasonable notice,
during the year preceeding the vear in which the City intends to implement the
Program; and
WHEREAS, the Code requires the City to publish the policy statement
during the vear preceeding the year in which the City intends to implement the
Program; and
WHEREAS, on October 5, 1983 notice of a public hearing on the Housing
Plan was published in the Shakopee valley News; and
WHEREAS, the City by resolution adopted the Housing Plan on November
15, 1983 after conducting a public hearing; and
WHEREAS, the City has prepared the 1985 Single Family Revenue Bond
Program (the "Program") pursuant to the Act; and
WHEREAS, on November 14 , 1984 notice of a public hearing to be
held on December 4, 1984 to consider the Program was published in the
Shakopee Valley NeWs;
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of
Shakopee:
1. That the 1985 Single Family Revenue Bond Program on file with the
City Clerk is adopted.
2. That the proper City officials are authorized and directed to submit
the 1985 Single Family Revenue Bond Program to the Metropolitan Council for
Review and to the Minnesota Housing Finance Agency for review and approval and
to do all other things and take all other actions as may be necessary or appropriate
to carry out the Program in accordance with the Act and any other applicable laws
and regulations.
3. That the Policy Statement on file with the City Clerk is adopted.
-1-
4. That the City Clerk is authorized and directed to cause the Policy
Statement to be published in a newspaper of general circulation in the City on or
before December 15, 1984.
Adopted this day of , 1984.
Mavor
Approved
this
City Clerk
as to form
day of
1984.
City Attorney
l
CITY OF SHAKOPEE. MINNESOTA
HOUSING POLICY STATEMENT
Pursuant to Minnesota Statutes, Chapter 462C, as amended, the City of
Shakopee, Minnesota, has been authorized to develop and administer
programs of making or purchasing mortgage loans to finance the acquisition of
single-family housing *located anywhere within its boundaries, for occupancy
primarily by persons of low and moderate income. In creating its housing finance
program, the Citv Council of the City of Shakopee has found and
determined that the preservation of the quality of life in the City of Shakopee
is dependent upon the maintenance and provision of adequate, decent, safe
and sanitary housing stock, is a public purpose and will benefit the citizens of the
City of Shakopee; that a need exists within the City of Shakopee to
provide in a timely fashion additional and affordable housing to persons of low and
moderate income residing and expected to reside in the City of Shakopee;
that a need exists for mortgage credit to be made available for the new
construction of additional single-family housing; and that many owners are unable
to sell housing units and would-be purchasers of single-family housing units are
unable to either afford mortgage credit at the market rate of interest or obtain
:portage credit because the mortgage market is severly restricted.
To ensure that these loans will benefit low and moderate income persons,
the Adjusted Gross Income of a mortgagor at the time of application for a
Mortgage Loan shall not exceed the greater of:
(1) 110 percent of the median family income as estimated by the United
States Department of Housing and Urban Development for the
Minneapolis -St. Paul Standard Metropolitan Statistical Area; or
(2) 100 percent of the income limits established by the Minnesota
Housing Finance Agency for the City.
Additionally, for the first six (6) months of the program, all mortgage
monies will be reserved for persons with Adjusted Gross Incomes no more than 80%
of the above mentioned standards.
To keep up with the demand for lower cost housing, the City of Shakopee
will offer the '.Mortgage Loan Program to homebuyers wishing to purchase newly
constructed homes, as well as existing homes, in the City. In addition, loans will -be
made so that homes in need of repair can be rehabilitated.
It is the policy of the City of Shakopee that funds will be made available to
homebuyers to purchase these homes. Through this program, the housing stock of
Shakopee is made more affordable to low and moderate income persons; the elderly
can afford to move to smaller homes and open up space for younger larger families;
and all homes in Shakopee in need of repair and maintenance can be rehabilitated.
All of these policies combine to make the housing stock of Shakopee adequate,
decent and safe for evervone.
THE SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY
SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM
OCTOBER, 1984
SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM
FOR THE CITY OF SHAKOPEE
Minnesota Statutes, Chapter 462C, as amended the Shakopee
Housing and Redevelopment Authority acting on behalf of the
City has been authorized to develop and administer a program of
making or purchasing mortgage loans to finance the acquisition,
by low and moderate income persons and families, of
single-family housing located anywhere within its boundaries.
In creating a housing finance program for the City, the City
Council has found and determined that the preservation of the
quality of life in the City is dependent upon the maintenance
and provision of adequate, decent, safe and sanitary housing
stock; that accomplishing the provision of such housing stock
is a public purpose and will benefit the residents of the City;
that a need exists within the City to provide in a timely
fashion additional affordable housing to persons of low and
moderate income residing and expected to reside in the City;
that a need exists for mortgage credit to be made available for
the new construction of additional single-family housing; and
that many owners of single-family housing units are unable to
sell such units and would-be purchasers of single-family
housing units either cannot afford mortgage credit at the
market rate of interest or cannot obtain mortgage credit
because the mortgage market is severely restricted.
sic
The Shakopee Housing and Redevelopment Authority, in
establishing this housing finance program for the City, has
considered the information contained in the Housing Plan of the
City, including particularly (i) the availability and
affordability of other government housing programs; (ii) the
availability and affordability of private market financing for
the acquisition of existing and newly constructed single-family
housing units; (iii) an analysis of population and employment
trends and projections of population and employment needs; (iv)
recent housing trends and future housing needs in the City; and
(v) an analysis of how the program will meet the needs of low
and moderate income persons and families residing and expected
to reside in the City.
The Shakopee Housing and Redevelopment Authority has
further considered (i) the amount, timing anb mann e -t -uf sa1� Vi
bonds to finance the estimated amounts of mortgage loans to be
made under the program, to fund the appropriate reserves and to
pay the costs of issuance; (ii) the number and qualifications
of lenders eligible to participate in the program; (iii) the
method for monitoring the implementation by participants to
insure that the program will be consistent with the Housing
Plan; (iv) the administrative capacity of the Shakopee Housing
and Redevelopment Authority and other methods of administering,
servicing and supervising the program; (v) the cost of the
program, to the Shakopee Housing and Redevelopment Authority,
including future administrative expenses; (vi) the restrictions
on the purchase prices of housing units to be financed under
-2-
the program; (vii) the limits on income of persons or families
receiving financing under the program; and (viii) certain other
limitations.
Section 1. Definitions.
The following terms when used in this Section shall have
the following meanings, respectively:
(1) "Acquisition Fund" shall mean that fund to be created
by an indenture of trust or similar agreement between
the HRA and a Trustee for holders of the Bonds into
which shall be credited certain proceeds of the Bonds
and other funds, if any, and from which the HRA shall
purchase Mortgage Loans qualified for purchase under
the Program.
(2) "Act" shall mean Minnesota Statutes, Chapter 462C as
currently in effect and as the same may be from time
to time amended.
(3) "Adjusted Gross Income" shall mean Gross Family
Income, less $750 for each Adult in the family, to a
maximum of two Adults, and less $500 for each other
Dependent in the family.
(4) "Adult" shall mean anyone who has attained a legal age
of majority under Minnesota law but who is not a
Dependent.
(5) "Affiliate" of any specified Person shall mean any
other Person directly or indirectly controlling or
controlled by or under direct or indirect common
control with such specified Person. For purposes of
-3-
this definition, control, when used with respect to
any specified Person, shall mean the power to direct
the management and policies of such Person, directly
or indirectly whether through the ownership of voting
securities, by contract or otherwise.
(6) "Agency" shall mean the Minnesota Housing Finance
Agency, or any successor to its functions under the
Act.
(7) "Bonds" shall mean the revenue bonds to be issued by
the City to finance the Program.
(8) "City" shall mean the City of Shakopee, County of
Scott, State of Minnesota, or the HRA in and for the
City authorized by ordinance of the City Council to
exercise on its behalf the powers conferred on the
City under the Act.
(9) "City Council" shall mean the governing body of the
City.
(10) "Commencement Date" shall mean the later of (a) first
day on which the HRA has Bond proceeds available to
purchase Mortgage Loans under the Program, or (b) for
New Housing Units to be purchased with Mortgage Loan
proceeds, the date on which pre -sale efforts to market
New Housing Units has commenced.
(11) "Dependent" shall mean dependent, as defined in
Section 152 of the Internal Revenue Code of 1954, as
amended, and the regulations thereunder.
-d-
(12) "Developer" shall mean any Person engaged in the
construction for sale of Housing Units, and any
Affiliate of such Person.
(13) "FHA" shall mean the Federal Housing Administration,
an agency of the United States of America within the
United States Department of Housing and Urban
Development, or any successor to its functions.
(14) "FHLMC" shall mean the Federal Home Loan Mortgage
Corporation, or any successor to its functions.
(15) "FNMA" shall mean the Federal National Mortgage
Association, or any succcessor to its functions.
(16) "Gross Family Income" shall mean the current annual
income from all courses of the Mortgagor, his or her
spouse, ana any guaramto2 aY ca-otimleY T -f a fee
interest in the Housing Unit to be financed with the
proceeds of a Mortgage Loan as determined in
accordance with the then current loan origination
requirements of FHLMC, FNMA, FHA or VA as to Mortgage
Loans originated under programs regulated by FHLMC,
FNMA, FHA or VA, or as to a conventional Mortgage Loan
by the Qualified Mortgage Guaranty Insurer insuing
such Mortgage Loan, as the case may be, as verified by
an Originator in accordance with such requirements and
its customary underwriting practices.
(17) "Housing Plan" shall mean the Housing Plan of the
City, as adopted by the City Council on November 15,
1983, and any amendment thereof.
-5-
(18) "Housing Unit" shall mean residential real property
�i?fu?.C�1 yt �A� fiincvt L[Znt�v r-elat,ed and subordinate
thereto securing a Mortgage Loan, which shall be a
private detached or attached one- two- three- or
four -unit family dwelling, or a one -family apartment
under condominium ownership (as defined in Minnesota
Statutes, Chapter 515A), not including a mobile home
or trailer even if attached to a permanent foundation,
including a New Housing Unit, owned and occupied by an
individual or family as a principal residence (or, if
the Housing Unit contains more than one dwelling unit,
one of such dwelling units is owned and occupied by an
individual or family as a principal residence),
containing complete living facilities and located
within the geographical boundaries of the City.
(19) "HRA" shall mean the Shakopee Housing and
Redevelopment Authority acting on behalf of the City.
(20) "Lending Institution" shall mean any bank, trust
company, savings bank, national banking association,
savings and loan association, building and loan
association, mortgage bank or other financial
institution or gOVeZniiientai agenzi 'g icr custamariLy
makes or services mortgage loans on owner -occupied
residential housing, or any holding company for any of
the foregoing, provided, however, such Lending
Institution is approved by FHA, VA, FNMA or FHLMC.
(29) "Pledged Savings Account" shall mean a savings account
established in connection with a Pledged Savings
Account Mortgage Loan, which savings account and the
earnings thereon may be used to make payments on the
Mortgage Loan any time during the initial years of its
amortization period and which is pledged as security
for the Pledged Savings Account Mortgage Loan.
(30) "Pledged Savings Account Mortgage Loan" shall mean a
Mortgage Loan originated pursuant to any plan approved
by the Program Administrator, for which a portion of
the principal and interest payments during the initial
years of such Mortgage Loan are expected to be paid
from a Pledged Savings Account.
(31) "Program" shall mean the single-family housing finance
program authorized and to be implemented by the HRA
pursuant to the Act.
(32) "Program Administrator" shall mean any Lending
Insitutution which agrees in writing with the HRA to
monitor the origination and servicing of Mortgage
Loans sold to the HRA under the Program or to service
all such Mortgage Loans, and to perform such other
functions as are agreed upon by such Program
Administrator and the HRA.
(33) "Project" shall mean a development of New Housing
Units, including condominiums or townhouses
constructed by a Developer, and including condominiums
or townhouses constructed by a Developer for
individuals who may sell their existing Housing Units
to persons who will finance the purchase of such
existing Housing Units with Mortgage Loans made
available by the Program.
(34) "Qualified Mortgage Guaranty Insurer" shall mean any
mortgage guaranty insurance company approved by FNMA
or FHLMC, which is licensed to do business in the
State of Minnesota and (i) whose insurance policies
would not adversely affect the rating on the Bonds
with the rating agency which initially rated the Bonds
or (ii) is rated by such agency on the basis of claims
payment ability at the highest rating then given
insurers issuing mortgage guaranty insurance policies,
so long as such agency rates such insurers on the
basis of claims payment ability.
(35) "Target Area" shall mean a development district
established pursuant to Minnesota Statutes, Sec.
472A.03., a redevelopment project established pursuant
to Minnesota Statutes, Sec. 462.521, or an industrial
development district established pursuant to Minnesota
Statutes, Sec. 458.191., as such Target Areas may
exist on the Commencement Date, or as may hereafter be
established.
(36) "VA" shall mean the Veterans Administration, an agency
of the United States of America, or any successor to
its functions.
IWM
Section 2. Program for Acquisition of Mortgage Loans.
The HRA hereby establishes a Program to acquire Mortgage
Loans by contracting with Originators to purchase Mortgage
Loans from Originators at such purchase prices and upon such
other terms and conditions as shall be determined by the HRA in
this Program document and in Origination Agreements to be
entered into between the HRA and Originators. In establishing
and carrying out such Program the HRA may exercise, within the
corporate limits of the City, any of the powers the Minnesota
Housing Finance Agency may exercise under the provisions of
Minnesota Statutes, Chapter 462A.
Insofar as the HRA has contracted with underwriters,
financial advisors, legal counsel, and will be executing a
contract with a Program Administrator and a trustee, all of
whom will be reimbursed from Bond proceeds and continuing
Program revenues, it is not expected that additional staff will
be assigned to the Program, nor is it expected that any
additional staff costs need be paid from the HRA's budget. The
Program Administrator will administer the performance of the
Originators with respect to the limitations set forth in this
Program, and will monitor the Originators' servicing of the
Mortgage Loans or will itself service the Mortgage Loans. The
HRA will select a trustee for the bondholders who is
experienced in trust management and has a large corporate trust
portfolio. The trustee will administer and maintain the Bonds
sold to finance the Program.
-10-
The Board of Commissioners of the HRA hereby authorizes and
directs its Executive Director to monitor all negotiations
between the various parties taking part in the Program to
insure that the Program documents are consistent with the
Housing Plan and the Program. Prior to the adoption of the
resolution authorizing the sale of Bonds to finance the
Program, the Executive Director of the HRA shall report to the
Board of Commissioners of the HRA his findings as to the
consistency of the Program documents with the Housing Plan and
the policy of the HRA contained in this Program.
Section 3. Standards and Requirements Relating to Mortgage
Loans Pursuant to the Program.
The following standards and requirements shall apply with
respect to Mortgage Loans acquired by the HRA pursuant to the
Program:
(1) A Mortgage Loan may be made only to finance the
purchase of a Housing Unit existing at the time such
Mortgage Loan is made. Construction loans shall not
be made, but an Originator may enter into an agreement
with a Mortgagor to make a Mortgage Loan to him or her
upon the completion of the construction of a New
Housing Unit to be financed by such Mortgage Loan,
subject to the "first-come, first-served" and
nondiscrimination basis requirements of Section 4 (2)
hereof, and subject to the receipt of a Certificate of
Occupancy by a City building inspector.
-11-
(2) Each Originator shall accept and process applications
for Mortgage Loans for the purchase or construction of
Housing Units on a nondiscriminatory "first-come,
first-served" basis, subject to the other provisions
of the Program, including any set asides and
restrictions imposed by Section 5 hereof, and will not
arbitrarily reject an application for a Mortgage Loan
for a Housing Unit within a specified geographic area
because of the location and/or age of the property,
or, in the case of a proposed Mortgagor, arbitrarily
vary the terms of a loan or the application procedures
therefore because of race, color, creed, religion,
national origin, sex, marital status, age or status
with regard to public assistance or disability.
(3) The Mortgagor o -f each Housing Unit must be the fee
owner of such Housing Unit and must occupy such
Housing Unit or, if the Housing Unit contains more
than one dwelling unit, one of such dwelling units as
his or his principal place of residence.
(4) At least ninety percent (90%) of the moneys available
to make Mortgage Loans shall be used to purchase
Mortgage Loans made to first-time homebuyers or
Mortgagors who have not owned a home during any part
of the three (3) years prior to the Commencement
Date. Up to ten percent (10%) of such moneys may be
used to purchase Mortgage Loans made to persons or
families who are not first-time homebuyers or who have
-12-
owned a home during some part of the three (3) years
prior to the Commencement Date, provided they meet all
other requirements of the Program.
(5) Mobile homes and trailers are not Housing Units for
purpose of the Program, even if such mobile homes and
trailers are attached to permanent foundations.
(6) Each Housing Unit must be located within the corporate
limits of the City.
(7) Loans must be made only to finance homes that are
serviced by municipal water and sewer utilities.
(8) The purchase price of a Housing Unit may not exceed
the lesser of (a) three times the limit on Adjusted
Gross Income of the Mortgagor set forth in Section 4
(12); (b) four times the Adjusted Gross Income of the
mortgagor if the Housing Unit is located within a
Target Area or (c) 110% of the average area purchase
price for residential housing in the Minneapolis -St.
Paul Standard Metropolitan Statistical Area computed
as provided under the Proposed Treasury Regulations or
any final regulations promulgated under Section 103A
of the Internal Revenue Code of 1954, as amended.
(9) Each Mortgage Loan must, at a minimum, be insured or
guaranteed if the original principal amount of the
Mortgage Loan exceeds (or is expected at any time to
exceed) 75% of the lesser of the purchase price or
appraised value of the property subject to the related
Mortgage (treating a Pledged Savings Account as a
-13-
(10)
portion of the down payment) or if it is a Pledged
Savings Account Mortgage Loan, with, either (i) FHA
Insurance of (ii) a VA Guaranty or (iii) a Mortgage
Guaranty Insurance Policy.
Each Mortgagor shall report to the Originator that he
or she does not, as of the date a Mortgage Loan is
originated, have pending an application for a Mortgage
Loan or have closed a Mortgage Loan with any other
Originator.
The usteu Gess ? : come of a Mar tgagor at the time
of application for a Mortgage Loan shall not exceed
the greater of:
(i) 110 percent of the median family income as
estimated by the United States Department of
Housing and Urban Development for the
Minneapolis -St. Paul Standard Metropolitan
Statistical Area; or
(ii) 100 percent of the income limit established by
the Minnesota Housing Finance Agency for the
City.
(iii) Provided that, beginning six (b) months after
the Commencement Date, up to twenty percent
(20%) of the amount of bond proceeds deposited
in the Acquisition Fund may be used to purchase
Mortgage Loans made to Mortgagors with Adjusted
Gross income in excess of the amount set forth
above who are purchasing Housing Units located
within a Target Area.
-14-
(12) For the first six (6) months after the Commencement
Date, 100% of the funds provided for the purchase of
Mortgage Loans may be made or committed only to
Mortgagors with Adjusted Gross Incomes at the time of
application of less than eighty percent (80%) of the
limit set forth in Section 3 (11) .
(13) To the extent required by the Act or other applicable
laws or to preserve the exemption of interest on the
Bonds from federal or state income taxation, the
assumption of a Mortgage Loan from a Mortgagor by any
other person or persons shall be permitted only if the
Program meets the requirements of Section 4(4) and the
purchase price of the Housing Unit meets the
requirements of Section 4(8) and the new Mortgagors
will occupy the Housing Unit as their primary
residence.
(14 ) An Originator may be allowed to retain from a
Mortgagor or seller an origination fee not exceeding
one and one-half percent (1-1/2%) (or such greater or
lesser amount as shall be specified by the HRA) of the
principal amount of the Mortgage Loan. In addition,
each Mortgagor may be charged a "deferred program
participation fee" of two percent 12%) of the original
principal amount of a Mortgage Loan, or such greater
or lesser amount as shall be specified by the HRA, all
or a portion which may be deferred and made payable
with (and in addition to) the last installment of
-15-
principal and interest due on such Mortgage Loan,
whether at the scheduled final maturity of such
Mortgage Loan or at its prepayment in full prior to
its final maturity. A Developer and/or Seller of a
Housing Unit may also be charged an additional
origination fee, which fee may be used to defray
Program costs.
(lel in the event that on the date of adoption by the HRA
of the resolution authorizing the issuance of the
Bonds, any Originator has entered into a commitment
agreement with the Agency under which the Agency has
agreed to purchase mortgage notes and mortgages
securing loans for single-family housing, and the.
Originator has not closed an amount of eligible
mortgages equal to at least 95 percent of the total
amount provided in such commitment agreement, then the
HRA shall not enter into a commitment to purchase
loans from such Originator under the Program unless
the Executive Director of the Agency waives such
restriction, as permitted by the Act.
(lb) No Mortgage Loan may be made at an interest rate which
is less than the interest rate on loans to consumers
under a program administered by the Agency at the time
of adoption of the resolution by the HRA authorizing
the sale of the Bonds unless the Executive Director of
the Agency waives such restriction, as permitted by
the Act.
MKV
(17) The difference between the interest rate on Mortgage
Loans and the interest rates on the Bonds issued to
acquire such Mortgage Loans shall represent only the
costs of insurance premiums, amortized expenses of
issuing the Bonds, the HRA's ongoing costs for the
administration of the housing program, fees of
originating, servicing, and administering the Mortgage
Loans and trustee and paying agent fees, computed so
as to provide that the Bonds shall not be deemed to be
"arbitrage bonds" under the Proposed Regulations or
any final regulations promulgated under Section 103A
of the Internal Revenue Code of 1954, as amended.
(18) In the event that the HRA acquires any existing
residences in the City, with the intention of
demolishing such residences and making the cleared
sites available for the construction of New Housing
Units, the HRA will make available to qualified
residents of the residences so acquired any relocation
assistance and benefits required to be provided
pursuant to Minnesota Statutes, Section 117.52 et seq.
Section 4. Set Asides and Restrictions Relating to the
Acquisition of Mortgage Loans.
Notwithstanding anything in Section 3 to the contrary, the
following restrictions shall apply with respect to Mortgage
Loans acquired by the HRA pursuant to the Program:
-17-
(1) The HRA may permit commitments to be made by
Originators to Developers to provide Mortgage Loans on
New Housing Units to be constructed by such Developers
or to Developers who will provide Mortgage Loans for
first-time homebuyers purchasing existing Housing
Units owned by the purchasers of Housing Units in the
Developer's Project. Developers and Originators may
be charged a commitment fee for such set asides, which
fee may be used to defray Program costs. No more than
seventy-five percent (75%) of the moneys deposited in
the Acquisition Fund may be used to purchase Mortgage
Loans for New Housing Units built or sold by any one
Developer.
(2) The HRA will enter into Origination Agreements with
each Originator proposing to originate Mortgage Loans
pursuant to the Program. Each Origination Agreement
shall specify the dollar amount of the Originator
Commitment, provided that no more than seventy-five
percent (75%) of the moneys deposited in the
Acquisition Fund may be used to purchase Mortgage
Loans from any one Originator, unless other eligible
Lending Institutions are not interested in
participating.
(3) Any Lending Institution, as defined in Minnesota
Statutes, Section 47.0151, doing business in the City
and which is an FHA/VA approved or FNMA/FHLMC approved
Lending Institution shall be offered an opportunity to
participate in the Program as an Originator.
-18-
(4) For the first 12 months or such greater or lesser time
as shall be specified by the HRA after the Commence-
ment Elate, ten percent (10%) of the amounts deposited
in the Acquisition Fund may be reserved for non -
first -time homebuyers who purchase a Housing Unit in a
Project. If, after 12 months or such greater or
lesser time as shall be specified by the HRA, any
funds so set aside have not been used to purchase
Mortgage Loans, they may be used by non -first-time
homebuyers purchasing any Housing Units in the City.
Section 5. Evidence of Compliance.
The HRA may, require from each Originator, at or before the
time an agreement to originate Mortgage Loans is entered into
by such Originator, evidence satisfactory to the HRA of the
ability and intention of such Originator to make Mortgage Loans
and sell them to the HRA under such agreement, and, at the time
the HRA acquires a Mortgage Loan, evidence satisfactory to the
HRA of compliance with the standards and requirements for the
making of Mortgage Loans established by the HRA herein and in
any agreement entered into between the HRA and the Originator;
and in connection therewith, the HRA or its representatives,
including the Program Administrator, may inspect the relevant
books and records of such Originator in order to confirm such
ability, intention and compliance.
-19-
of the HRA or otherwise illegal or inoperative by any court of
competent jurisdiction, such defect shall not affect or impair
any of the remaining provisions.
-21-
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Intern
RE: Cable Company's Proposed Concessions
DATE: November 29, 19814
The Cable Communications Commission met on November 26, 19814
to consider several concessions that have been informally proposed
by Zylstra-United. At this meeting the Commission moved to
inform Zylstra-United of their intentions in regard to the proposed
concessions. The Cable Communications Commission is recommending
to City Council the action as addressed in alternative No. 1.
Background
On October 18, 19814 City staff met with officials from United
Cable Company. At that time we were informed that they were
going to become the new managing partner of Zylstra-United Cable
Company. United officials stated that the change in management
is in response to past ineffective operation of the system.
A new manager/technician is proposed to take over the management
on January 1, 1985.
To correct budgetary shortfalls and ensure the financial stability
of the system the new managing partner has informally requested
concessions in the following areas: 1. Consolidation of the
Shakopee and Chaska business offices, 2. Consolidation of the
Shakopee and Chaska office studios, 3. Reduction in the City's
franchise fee from 5% to 3% and 4. An increase in rates before
the scheduled date of relief (December, 29, 1985). These proposals
were presented to the Cable Communications Commission on October
29, 1984. The Commission felt it was appropriate at that time
to request more exact proposals and the cost savings associated
with each proposal as well as a marketing plan from Zylstra-United.
Attachment No. 1 is the response from United officials in regard
to the Commission's request.
From this correspondence it appears that Zylstra-United has
no preference to where the combined facilities would be located.
The Company did not specifically address which facilities they
plan on eliminating. They did however estimate that by combining
the access studios and business offices into one facility they
could save approximately $8000 annually. A reduction in Shakopee's
franchise fee from 5% to 3% would result in approximately $8583
savings annually. An increase in service rates to a level comparable
to Chaska's would give the Company approximately $70,000 in
additional revenue in 1985 if the increase became effective
January 1 , 1985 . Attachment No. 2 is a comparison of Chaska
and Shakopee's current rate structure.
The Company has further stated that the reductions they are
proposing will riot have a negative effect in subscriber services.
Furthermore, the Company plans on implementing their marketing
strategy as soon as the new management takes over the system
and subscriber complaints are reduced. The marketing plan to
increase to increase subscribership includes door-to-door salesmen,
bill stuffers, media and direct mail.
Alternatives
1. Inform Zylstra-United that the City of Shakopee isnot supportive
of a reduction in the franchise fee or losing their cable
access studio at this time. The City may be favorable to
combining Shakope's cable business office with Chaska's
if the Company can devise a plan that is suitable to the
City. Finally, the City may be willing to consider a rate
increase prior to the scheduled date of relief if the Company
can specifically state what the new rates will be and when
they expect to make the new rates effective. The City would
not be in favor of any rate increase until subscriber complaints
are decreased dramatically. A formal request for a change
in policy should be submitted back to the City as an amendment
to the franchise ordinance, with detailed supporting information,
before the City agrees to act on the proposed changes.
2. Inform Zylstra-United that the City of Shakopee is not interested
in any of their proposed concessions.
3. Grant some other combination of concessions.
Staff Recommendation
Staff recommends alternative No. 1
Action Recuested
Move to authorize staff to contact the Cable Company informing
them of the Commission's concerns as addressed in alternative
No. 1.
BAS/ jms
ATTACHMENT 1
Y 1
united
cable television
corporation
, r 1984
Cl:s Vii~
November 13, 1984
Mr. John K. Anderson
City Administrator
CITY OF SHAKOPEE
129 E. First Avenue
Shakopee, Minnesota 55379-1376
Dear Mr. Anderson:
In your letter of October 30, 1984, you indicated that the City had discussed
United's request for concessions, but wanted additional information before making a
decision. The purpose of this letter is to provide you with the additional facts you
requested. For the sake of clarity, I have responded separately to each of the
questions you raised.
WHAT FACILITIES DOES UNITED PLAN TO ELIMINATE?
Zylstra-United has proposed, during its discussions with Chaska and Shakopee, to
combine the two access studios into one studio, as well as combining the office
facilities.
The company is primarily interested in reducing its fixed costs through the con-
solidation. We estimate that a savings of about $8000.00 a year would be
recognized.
We, at this time, have no preference as to where the combined facilities would be
located.
HOW MUCH MONEY DOES A REDUCTION IN FRANCHISE FEES REPRESENT?
For both
Chaska and Shakopee,
the savings which would result
from a
reduction in
franchise
fees from 5% to 3%,
are $17,923.00 in 1985 alone.
Of this
total,
$8,583.00
would be attributable
to Shakopee, based on current
revenue
projections.
HOW MUCH MONEY WOULD A RATE INCREASE REPRESENT?
Assuming that the City of Shakopee grants the same rate relief as the City of
Chaska has, United estimates that the marginal revenue would be $69,966.00 in
1985, if the effective date of the increase was January 1, 1985.
Denver Technological Center • 4700 South Syracuse Parkway • Denver, Colorado 80237 • (303) 779-5999
Mr. John K. Anderson
Page Two
November 13, 1984
HOW WILL PROPOSED CUTS AFFECT SERVICE?
The reduction in expenses United has proposed come from cuts in overhead, not in
subscriber services. United's plan includes hiring a full-time manager/ technician
(versus the current part-time engineer) to help improve and maintain technical
quality. United also plans on converting Chaska and Shakopee to an on-line billing
system, which will allow the customer service representatives to answer inquiries
and schedule work more efficiently. The billing system also interfaces with the
addressable computers, so an order only needs to be entered once. Therefore,
United feels that the quality of service will be enhanced by the proposed changes.
WHAT TYPE OF MARiKETING_ STRATEGY WILL BE UTILIZED? WHEN WILL IT
BE IMPLEMENTED?
United plans on utilizing several different techniques to increase subscribers in
Chaska and Shakopee. Current plans include the use of door-to-door salesmen, bill
stuffers, media and direct mail promotion. The systems will also be included in
United's national campaigns, such as Toys for Tots, whenever such promotions are
scheduled. United plans on implementing these ideas as soon as we assume man-
agement of the systems.
WHEN WOULD UNITED PREFER THE FINAL FACILITIES AND PROGRAMMING
AUDIT BE DONE, AS THE COST IS TO BE BORNE BY THE SYSTEM?
United is aware that the City has not yet conducted its final facilities and pro-
gramming audit. However, since the system is currently not in a position to pay
for the audit, United requests that the audit be postponed indefinitely. If the City
can provide us with an estimate of the cost of performing the audit, United can
try and determine when the system would have the funds available to cover the
costs of the audit.
Also, you mentioned that some City Officials expressed the view that if United's
marketing efforts are successful, concessions might not be necessary. The success
of United's plan and the success of the system depends upon both the achievement
of the marketing goals and the granting of concessions by the City. In order for
the system to become a viable business, the cooperation of the City and United is
required, and we look forward to working with you to see that this happens.
If you need any additional information, please feel free to contact myself or Jim
Clark.
Since 41y,
Barry L. Wilson
Vice President
Operations
Attachment No. 2
Shakopee -Chaska
Monthly
Subscriber
Rate Comparison
Shakopee
Chaska
Proposed Percentage
Monthly
Monthly
Increase to
Service
Rates
Rates
Shakopee's Rates
Econovision
Channels 2-16 and
25-42
$5.50
$ 7.95
45%
Basic
Channels 2-16 and
25-52
8.50
11.95
40%
Premium Channels:
The Movie Channel
8.05
9.95
11%
Showtime
8.95
9.95
11%
Home Box Office
8.95
9.95
11%
Cinemax
8.95
9.95
11%
The Disney Channel
8.95
9.95
11%
Spectrum Sports
9.95
10.95
10%
Bravo
6.95
7.95
14%
Home Theater
Network Plus
5.95
6.95
17%
ATTACHMENT 3
united cable television corporation
central division office
November 21, 1984
City of Shakopee
Mr. Barry Stock
129 E. First Ave.
Shakopee, MN 55379-1376
Dear Barry,
n , _; n
I enjoyed meeting with you last week in Shakopee. A summary
of our evaluation and short term plans is as follows:
Monday morning I was in our Shakopee office and spoke with
customers regarding weekend service interruptions. We are concerned
with not only our technical quality, but also our customer service
policies and procedures overall. It is apparent that our first
priority will be to improve service.
As I told you, we have selected John Suranyi from our Casper,
Wyoming operation as Manager/Technician. He will be in Shakopee
the weeks of December 3rd and 10th, 1984 to meet with you and
our employees. John will permanently relocate to the Chaska/Shakopee
area by January 2, 1985, which is the date that United operationally
assumes management. We believe John will effectively lead and
compliment our current staff.
While I am optimistic about achieving service improvements,
we also need cooperation from the Cities of Shakopee and Chaska.
This includes of course the concessions currently before both Cities.
Acting together, we feel our objective of operating an efficient,
service oriented cable system can be achieved.
We look forward to Shakopee's decision on December 17th to assist
our efforts by granting those necessary concessions. If you have
any questions or comments, do not hesitate to call. I'll see you
in December.
Respectfully,
l�
�es. Clark
Division Manager
JRC: j
cc: Barry Wilson
John Suranyi
525 Tollgate Road, Suite D 9 Mona Loa Office Park 0 Elgin, Illinois 60120
IIS
MEMO TO: John K. Anderson, City Adm.
City Council
FROM: Public Works Dept.
RE: Front End Loader Purchase
DATE: November 29, 1984
Introduction:
Council authorized $70,000 in the Capital Equipment Budget to
purchase a new front end loader for the Public Works Dept.
Specifications were sent to 7 heavy equipment dealers in the
metropolitan area, and on November 26, 1984, these sealed
bids were opened and tabulated for your consideration.
Background:
The specifications using the total cost purchasing concept
were only answered by 2 qualified bidders who were willing to
commit themselves to a possible repurchasing and maintenance
commitment within the specified 5 year or 6,000 hours period.
The Scott County Highway Dept. had similar results in October,
and the same 2 bidders responded also to their bidding
invitation.
The bid tabulations are attached to this memo indicating that
Case Power and Equipment of Shakopee has met all specifications,
and appears to be the apparent low bidder. We have also in-
cluded the Scott County bid tabulations for comparative pur-
poses, but it must be noted that our City Specifications
included many more accessories in our proposal, primarily
because the City uses their front end loaders as snow plows
as well as other assigned duties for this type of machine.
On the Scott County bid tabulation, Item #3 (purchaser pays
this amount), Ziegler is $1,509 lower than Case, however, on
Item #7 (total cost purchase amount) Case Power and Equipment
is the low bidder, and the basis for Scott County to award
the bid.
On the City of Shakopee bid, the low bidder has promised to
guarantee repurchase of this machine from the City before
the 5 year or 6,000 hours for the stated price of $48,500, if
the City decides to exercise that option. It is my strong
recommendation that the City consider implementing the buy-
back guarantee before the 5 year or 6,000 hours expires.
At that time, tFe machine performance, maintenance costs, and
projected longevity must be carefully evaluated to determine
whether the machine will perform adequately for another 7 to
10 years, or whether it is more practical to implement the
guaranteed buyback provision of this contract and replace
the machine at this time.
Front End Loader Purchase
November 29, 1984
Page -2-
Several questions were presented to Case Power and Equipment
regarding their bid, and I have listed these concerns for
your information:
1. Our bid price was only approximately $2,200 more than
the Scott County Bid, although we had included about
$14,000 (our estimate) in options in our specifications
that were more applicable to our operation. They
indicated that they had received more factory assistance
in preparing this bid than with the County bid.
These extra items (and approximate prices) are
listed:
A. 4-5 yard snow bucket (Our Est. $4,300)
B. 3rd valve (spool) for the power
reversible plow (in the hydraulic
section) (Our Est. $2,200)
C. American Quick Coupler System
on the machine and buckets
for quick disconnect. (Our Est. $5,880)
D. Motorola 2 -way radio installed. (Our Est. $1,671)
E. Tool Box and Tool Kit. (Our Est. $ 150)
2. On their bid, Case Power and Equipment indicated that they
couldn't deliver this machine for 6 months because this
machine wouldn't be manufactured until April of 1985.
They have since informed us that a machine is in produc-
tion at this moment, and would be available to us if
we award the bid to them on December 4th. They have now
indicated a December delivery as noted in an attached
addendum which is included in this memo. We have also
informed them that we had included a "Basis for Award"
clause in the specifications that stipulates that the
vendor must provide a comparable machine to the City
(at no cost) in the event that they cannot deliver the
machine within 60 days from issuance of the purchase
order. This machine would be used until proper delivery
can be made of the specified machine.
3. In their bid, they indicated that a 3rd valve (spool) in
the hydraulic system is not available, and that they
would substitute a divertor valve which is an inferior
method of supplying hydraulic oil to the various components
of the machine. The new machine in production, however,
has the 3rd valve installed.
Bolt -on cutting edges were not stipulated in our specifications,
but I am requesting an optional price for this feature on the
general purpose bucket, and also on the snow bucket. The
advantage of this feature is obvious for cutting edge replace-
ment due to normal wear usage, in that it is much simpler to
bolt on a replacement cutting edge rather than weld them on.
We have a quoted price of $1,571 for the edges.
End Loader Purchase
November 29, 1984
Page -3-
I am also requesting permission to purchase a replacement
V -plow to be used with this machine. The old V -plow from
our trade-in machine is too narrow to be used with the new
machine. This V -plow would also be equipped with a quick
coupler, and could be tranferred from our old plow by our
welder.
Accept apparent low bid by Case Power and Equipment for
$56,475.00, including alternatives #2, 3 and 4, for a
total amount of $65,303.
Action Requested:
Accept the apparent low bid of Case Power and Equipment Co. of
Shakopee for the total amount of $65,303, including the
reversible polyurethane plow, and bolt -on cutting edges, and
authorize the Public Works Dept. to purchase a used V -plow
for this machine with cost not to exceed $4,000.
JK:cah
Attachments
%/0__
Budgeted
$ 70,000
New Loader
- 56,475
Urethane Plow
- 7,257
Bolt -on Edges
- 1,571
Used V -Plow
- 4,000
Alternatives:
1.
Accept the apparent low bid of
Case Power and Equipment
Co. of Shakopee for basic machine - $56,475.
2.
Option as specified. Accept bid for a reversible plow
mounted with an American Quick
Coupler for $7,257.
3.
Additional bolt -on replaceable
cutting edges on both
buckets for $1,571.
4.
Authorize the purchase of a used V -plow for this
machine with the cost not to exceed $4,000.
5.
Reject bids.
6.
Reject any or all options.
7.
Readvertise.
Recomendation:
Accept apparent low bid by Case Power and Equipment for
$56,475.00, including alternatives #2, 3 and 4, for a
total amount of $65,303.
Action Requested:
Accept the apparent low bid of Case Power and Equipment Co. of
Shakopee for the total amount of $65,303, including the
reversible polyurethane plow, and bolt -on cutting edges, and
authorize the Public Works Dept. to purchase a used V -plow
for this machine with cost not to exceed $4,000.
JK:cah
Attachments
%/0__
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Case Power J I Case TENNECO
and Equipment A Tenneco Company
6340 Highway 101
Shakopee, Minnesota 55379
Phone (612) 4455400
City of Shakopee
129 East lst. Avenue
Shakopee, MN 55379
Attn: Mr. James Karkensen
Gentlemen:
November 29, 1984
In response to your request and as an addendum to your articulated
loader bid of November 26, 1984, we propose that delivery of the
Case W20C we bid can be made in 30-45 days after receipt of order.
You have also expressed a desire for the cost of bolts on cutting
edges for both buckets which is as follows:
22 cubic yard bucket $644.00
42 cubic yard bucket $927.00
The Case W20C will be equipped with the 3 -spool loader valve as
needed to operate the reversabie plow.
Sincerely,
e rge J. Hanauska,
Sales Representative
GJH:ks
110 (82 kW) NET FLYWHEEL HORSEPOWER
IN-LINE LOADER LINKAGE
Case 504 in (8259 cm3) diesel engine
All linkage mounted in line with the loader lift arms for
FULL POWERSHIFT TRANSMISSION
good visibility to bucket work area
Four speeds forward, two reverse
AIR/HYDRAULIC BRAKES
SINGLE LEVER SHIFT CONTROL
Four-wheel caliper disc
Modulated transmission clutching for fast, smooth, on
LONG 108" (2.74 m) WHEELBASE PLUS
the go directional changes
40° ARTICULATION
TWIN TURBINE TORQUE CONVERTER
Combines operational stability and balance with excel -
Automatically shifts to meet changing load demands
lent turning radius
for optimum cycling productivity
CENTER -PIVOT ARTICULATION
FRONT MOUNTED OPERATOR'S COMPARTMENT
Allows rear and front tires to track at all times
Visibility, controllability, serviceability, comfort and
noise reduction
Unit shown is equipped with non-standard items.
J i Case TENNECO
A Tenneco Company a
Construction Equipment Division
700 State Street Racine, WI 53404 U.S.A.
CITY OF SHAKOPEE
/•4: yen ':
129 East First Avenue, Shakopee, Minnesota 55379 �^
MEMO
PLOW ASSISTANCE
Nov,•
, 1084
BACKGROUND:
PERMISSION FROM THE CITY COUNCIL IS NEEDED TO ENTER INTO AGREEMENT
WITH S.M. HENTGES (TRI -S) FO SHAKOPEE FOR HELP IN PLOWING A PORTION
OF THE EAGLE CREEK RURAL AREA,
''HEN THE EAGLE CREEK AREA WAS ANNEXED TO SHAKOPEE, WE HAD VARIOUS
CONTRACTORS DOING THE PLOWING UNTIL 3 YEARS AGO, WHEN OUR CITY FORCES
BEGAN TO CONDUCT PLOWING OPERATIONS IN THIS AREA,. viE HAVE NOW
DETERMINED THAT WE CAN T OPEN UP THIS AREA IN TIME• FOR THE RURAL AREA
BECAUSE OF MANPOWER AND EQUIPMENT SHORTAGES, AS WELL AS ADDRESSING THE
PUBLIC DEMAND FOR SERVICE, t�E REALIZE THAT WE WILL HAVE TO NEED HELP
IN THIS AREA AGAIN, AND THIS CAN BE ADDRESSED BY CONTRACTING A SMALL
PORTION OF THIS AREA TO A LOCAL CONTRACTOR, BY SPLITTING THE AREA,
WE CAN MEET PUBLIC DEMAND BY AT LEAST GETTING THE RURAL ROADWAYS OPEN,
THEN COMING BACK LATER TO WIDEN, WING AND SAND THESE ROADWAYS. THE
CONTRACTOR I5 USED ONLY FOR EMERGENCY SITUATIONS, AS DETERMINED BY
CITY OFFICIALS. AS A RULE, WE NORMALLY CONSIDER A SNOWFALL OVER 31/
AS AN EMERGENCY CONDITION, THEIR SERVICES ARE ALSO USED FOR NATURAL
DISASTERS, SUCH AS TORNADOES, ETC.
ACTION NEEDED:
ALLOW ITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH S.M.HENTGES
AND SONS (TRI -S) FOR CONTRACTUAL ASSISTANCE UNDER EMERGENCY
CONDITIONS, AS DIRECTED BY CITY OFFICIALS,
CITY OF SHAKO PEE
INCORPORATED 1870
129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445.3650
RE,NTAL QUOTATIONS FOR EMERGENCY CONDITIONS
Nov, 15, 1984 To NOV, 15, 1985
CONTRACTOR: TRIS, STEVEN Pl. HENTGES CO., INC.
EOUIPMCEY DESCR11PTION
,)HAKOPEE, H NN, 55371,
PRICE PER ,TOUR;
I CAT
120 BLADE: W/WING & PLOW
$ 55,00/HR
1 CAT
950 LOADS --.R W/ I1' ONE WAY OR 3 YD. BUCKET
60.00/HR
1 743
MiELROE BOBCAT w/60" SNOW BUCKET
40.00/HR
1 3/4
TON FORD PU W/8' HYDROTURN PLOW
40.00/HR
ADDITIONAL EQUIPMENT AVAILABLE FOR CLEAN-UP -
IF REQUIRED
I CAT 966 LOADER
75.00/HR
2 1 TON TRUCKS W/8' HYDROTURN PLOWS
40.00/HR
1 JOHN DEERE 510 w/ 13 1/2' BLADE
55.00/HR
TANDEM DUMP TRUCKS
36.00/HR
TRIAXLE DUMPS
44,00/HR
1 5 TON DUMP TRUCK W/10' ONE WAY PLOW
50.00/HR
SALT/SAND MIXTURE
41.00/TON
PLUS TRUCK TIME FOR APPLICATION
30.00/HR
(RATES LISTED ARE AT STRAIGHT TIME)
1. EMERGENCY CONDITIONS COULD INCLUDE NATURAL DISASTERS SUCH AS
FLOODS OR TORNADOES IN ADDITION TO SNOWFALLS, ETC.
2. THE CONTRACTOR SHALL FURNISH THE OPERATOR, FUEL REQUIRED, CERTIFIC
OF INSURANCE, AND SHALL ASSUME REPAIR COSTS INCURRED.
3. A REPRESE14TATIVE OF THE CITY OF SHAKOPEE WILL NOTIFY THE
CONTRACTOR OF THE STARTING TIME AND THE TYPE OF EQUIPMENT THAT IS
NEEDED. SHE TYPE AND AMOUNT OF EQUIPMENT NEEDED WILL DEPEND
UPON THE WEATHER CONDITIONS AND CIRCUMSTANCES.
DATE � CONTRACTOR
...............
.........................
.r r t o h r n o ACCEPTED, ,
I ic,
G = TY OF -_S H_fekKO_PF_F_
INCORPORATED 1870
* ENGINEERING DEPARTMENT *
129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650
MEMO TO: Computer Task Force Committee
FROM: Steve Hurley, Computer System Coordinator
SUBJECT: Purchase of Additional Computer Equipment
DATE: November 30, 1984
INTRODUCTION:
As a result of exceptionally high usage of the existing com-
puters in City Hall and a greatly increasing need for computer
time, it has become necessary for Engineering and would be
quite useful for Finance to purchase computer equipment.
BACKGROUND:
At the present time the Engineering Department uses one
Stearns microcomputer with a 20 megabyte hard drive. It is
used almost exclusively by the Engineering secretary during
the working day. This leaves little time to develop appli-
cations desperately needed by Engineering and other depart-
ments. With the recent acquisition of the data base software,
which will receive City wide use, it becomes imperative that
the tools needed to implement it are available.
It is the intention of the Engineering Department to use money
budgeted for capital equipment purchases in the current year.
Of the $13,600.00 budgeted this year for capital equipment,
Engineering has spent $8,150.00 of $12,000.00 budgeted for
computers, leaving $5,450.00.
The proposed purchase for Engineering would be as follows:
10 MB Stearns Computer
Change 10 MB to 20 MB
(to double capacity)
256K Expansion Board
Parallel Interface Board
Epson RX100 Dot Matrix
Printer (includes cable)
Installation
TOTAL
$3, 596. 00
500.00 (Committee
Recommendation)
475.00
92. 00
465.00
100.00
$5,628.00
*This would require a budget amendment of $176.00 from Revenue
Sharino_
Capital Equipment
November 30, 1984
Page 2
Finance has computer equipment scheduled in the 5 -year plan
far 1986. It has been proposed that the purchase be moved ahead
and be accomoda^ted by Revenue Sharing money in the current
budget.
This would allow Finance to switch from Visi-Calc on the HP125
to the more versatile and much faster (2-5 times) Lotus 123
spreadsheet applications on the Stearns.
The proposed purchase for Finance would be as follows:
Finance
Dual Floppy Stearns Computer $2,3136.00
256K Expansion Board 475.00
Para l l e l I nt er f ace 92.00
Installation 100.00
$3,063.00
REQUESTED ACTION:
A motion to authorize the purchase of additional computer equip-
ment. The items to be purchased under the Engineering Depart-
ment's Capital Equipment Budget for the current year for a
cost of $5,450.00, plus $178.00 from Revenue Sharing, 7=or a
total cost of $5,628.00, and far Finance for a cost of
$3,063.00.
;oved 'for -/Submittal
puter Task Force Committee
/30/84
SH/pmp
CAPEQU I P. PMP
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Application for Off Sale Intoxicating Liquor License
By Valley Liquor Inc.
DATE: December 4, 1984
Introduction & Background
Application has been made and is in order by Valley Liquor Inc.
for an off sale intoxicating liquor license at Minnesota Valley
Mall.
The Chief of Police is recommending that approval be conditioned
upon exclusive financing with Richfield Bank and Trust, Richfield,
Minnesota.
Alternatives
a. Approve.
b. Deny.
Recommended Action
1) Remove application from the table; 2) approve the application
and grant an off sale intoxicating liquor license to Valley Liquor
Inc., Minnesota Valley Mall, upon surrender of the existing license
of Dennis P. Breusehoff and Thomas J. Cox, a partnership, within
four days, conditioned upon exclusive financing with Richfield Bank
and Trust, Richfield, Minnesota.
JSC/jms
TO: Mayor, Council Members
FROM: Tom Brownell, Chief of Police
SUBJECT: Off -sale Liquor License - Valley Liquor, Inc.
DATE: November 19, 1984
INTRODUCTION
John Richard Bernstein, Valley Liquor, Inc., has made application
for off -sale liquor license, Valley Liquor, Inc., Minnesota
Valley Mall, Shakopee, MN.
BACKGROUND
John Richard Bernstein has made application to the City of Shakopee
for a liquor license transfer to him for Valley_Liquor, Inc.,
located at the Minnesota Valley Mall.
The police department conducted a background investigation which
resulted in a favorable recommendation.
RECOMMENDATION
I recommend issuing an off -sale liquor license to John Richard
Bernstein for Valley Liquor, Inc., Minnesota Valley Mall, contingent
upon exclusive financing with Richfield Bank and Trust, Richfield,
Minnesota.
Memo To: John K. Anderson, City Administrator
.obi%kv,_
From: Gregg Voxland, Finance Director I/
Re: Farm Lease for Lion's Park
Date: November 30, 1984
Introduction & Background
The City has leased a parcel of land south of Lion's Park to Norbert and Larry
Theis for several years. The City had tried to take bids on the lease a couple of
years ago but had no response. This year (84-85) the Public Works Superintendent
and the Community Services Director had planned to take the land directly south of
the park and keep it for park use instead of farm use. Larry Theis is interested in
farming this again because he has the parcel directly north rented also.
There was discussion held about charging no rent for 84-85 because of flooding
loss in 83 and 84 and because of errors in previous leases. The leases for prior
years were based on 15 acres but remeasurements of maps by Engineering on 11/26 show
only 12 acres for the whole parcel including the bike path and pond area. Therefore
the rental for 1985 on the reduced area would be used to offset the overcharge for the
past few years. Rent used to be $616 per year and was reduced to $462 for 84 due to
flooding. Rent for the smaller area would be $300 at the same rate of $40 per acre.
Alternatives
1. Don't lease
2. Lease to Theis at $1.00
3. Lease at $300 & calculate refund
4. Seek bids
Recommendation
Alternative no. 2. This alternative uas suggested by Theis, is reasonable and
easily implemented.
Action Required
Move to authorize staff to execute a farm lease with Larry Theis for
approximately 7.5 acres of City property east of Lion's Park for the sum of $1.00 for
1985 in recognition of errors on previous leases.
GV:mmr
//h
Memo To: John K. Anderson, City Administrator
From: Gregg M. Voxland, Finance Director
Re: Sewer Fund Cash Balance & 1985 Rate Adjustment
Date: November 30, 1984
Introduction
Council has seen cash balance projections for the Sewer Fund and very briefly
discussed a 6% rate increase during the 1985 budget discussions. Upon staff
review of the cash projections plus the decision to bond for the Fifth Avenue
sewer replacement, the numbers shown in the 1985 Budget draft are significantly
understated.
Background
Cash Balance
The cash projections, when initially formulated, failed to take into account an
extraordinary amount of cash due from another fund at 12/31/83. A
recapitulation of cash projections for the Sewer Fund is:
Cash per Annual Financial Report 12/31/83 $178,000
Extraordinary Due from Other Funds 175,000
Cash 1/1/84 353,000
Receipts 1984 Budget 808,000
Disbursements 1984 Budget inc. Capital Equip. (777,000)
Cash 12/31/84 384,000
Receipts 1985 @ Current Rate 824,000
Disbursements 1985 (851,000)
Cash 12/31/85 357,000
Other 1985 Considerations
These numbers do include infiltration and inflow repairs at $36,000 and 1985
debt service for 5th Avenue at $2,500.
These numbers do not include:
A. Cash flow for 5th Ave. Projects. Council authorized proceeding with
bonding for the project so there should be a net wash between construction
expenditures and bonds proceeds. Proceeds may not be received until
1985 due to the timing of the bond sale.
B. Cash flow for 6th Ave. Project at $150,000.
1. If bonds are not issued for the 6th Ave. Project, there will be a decrease
of $150,000 in the operating cash balance shown above from $357,000 down
to $207,000. The cash balance would go from the top end of the target
range (%) to the bottom end of the range M.
2. If Council bonds for 6th Ave., there would be no net effect on cash balance
for construction in 1985. Debt service payments would show in 1986 at
about $25,000 per year. This would overlap with debt service payments
for Holmes Street for 1986 and half of 1987, at which point Holmes Street
payments are scheduled to stop.
Rate Overview
It appears we are at the top of the curve for cash flow or in other words we
are where increasing disbursements overtake receipts which are increasing
at a slower rate or are stable. The past couple of years have built the
operating cash into the targeted range but 1985 is about even and 1986
onward would probably show cash decreases without a rate increase. 1985
probably w:i.11 show a decrease because of the I & I repairs at $36,000 which
could be offset by a 6'. rate increase mentioned previously. This could save
the City money too, if there is large amounts of inflow into the old
interceptor and we paying for it through our MWCC charges.
Therefore, there are two questions to be addressed:
1. Issue bonds for 6th Ave. or not.
Bonding would spread cost evenly out over 10 years on the then current
users of this new line and system. It is also consistent with 5th Ave.
financing. Not bonding would drop cash balance from the top of the
targeted range to the bottom.
Note: 8th Ave. Sewer is coming up in 1986-87 at $168,000, but that is the last
of our presently identified sewer problems.
2. Rate Increase
6% rate increase would offset I & I repair expense in 1985 and
overlapping debt service payments in 1986 & 87 plus generally
increasing costs.
Not increasing rates will be reflected in net cash outflow and decrease
in cash balance which is currently near the top of the target range.
Rate Structure
As a further consideration, the City has a second step on it's sewer flow charge.
The first step is the $1.14 per 1000 gallons of water use or sewer flow that
everyone pays. The second step is the $49 per million gallons per year that
large users pay. Billing the second step is a manual process that for most
accounts is done at year end and generally adds some confusion to the accounts
involved. I believe the City may have adopted the second step as a conservation
step some years ago. However, the use in the base rate or step one appears to be
sufficient to pause conservation efforts on the part of consumers. A second
factor is that the "City" as a whole may be inconsistent with SPUC having a
declining block rate for water and the City having an increasing block rate for
sewer. I have not done a survey but over the past few years have ocassionally
asked other cities about the sewer rates and have heard of none with a second
step like Shakopee.
The second step currently affects about35 accounts and generates about $12,000
per year. The dollar amount is down significantly from previous years because
of conservation efforts. If conservation was the purpose of this step, then it
has largely been served and I would suggest that Council eliminate the second
step.
Alternativesa
A. 1. Bond for 6th Ave.
2. Do not bond for 6th Ave.
B. 1. Increase connection and flow charges by 6%.
2. Status Quo for connection and flow charges.
3. Increase connection and flow rates by some other amount.
C. 1. Eliminate large flow rate
2. Increase large flow rate
3. Decrease large flow rate
4. Status Quo for large flow rate
5. Change level at which large flow rate kicks in from 1 million/yr. to 2 or
more million/yr. This would ease the administrative work by cutting
down the number of accounts involved.
Recommendation
Alternative A-1, B-1, C-1
Action Requested
Move that staff take the appropriate steps to implement the decision that
bonding will be used to finance 6th Ave. sewer replacement, that the master
schedule for 1986 include a 6% increase in the sewer connection charge and flow
charge and that the large flow charge be eliminated.
GMV.mmr
Memo To: John K. Anderson, City Administrator
From: Gregg M. Voxland, Finance Director
Re: Workmen's Compensation Insurance for 1985
Date: December 3, 1984
Introduction & Background
The City's Workcomp Insurance Policy expires 12/31/84. We have been with
the League's self-insurance program for three years with good results both
from the standpoint of premiums and dividends and from the standpoint of
service and reporting.
The premium deposit for the League was $30,181 for 1984 and is $43,677 for
1985. The increase is due to several factors. First, the 1984 deposit was
based on 1983 payroll estimates while the 1985 deposit is based on 1985
payroll estimates. Thus it includes two years of pay raises plus an
additional policeman in the deposit. Second, our experience modification
factor increased 12%, from .73 to .82 based on our claims. Third, the
market for workcomp insurance has turned around in the last year with
premiums increasing dramatically, some reportedly as high as 80%. As a
reflection of this, the Leagues "up front" discount was dropped from 20% to
10. The rates for the various categories of workers have not changed from
last year. Please keep in mind that this is a deposit premium, the actual
will be determined after a year-end audit and dividend declaration by the
League. Dividends were 20% for 1982 and 16% for 1983.
This coverage is not required to be bid. Several times we have solicited
quotations for insurance from local agents and the only agent who has
responded has been Capesius Agency. We have been with the League's self-
insurance for three years. It has and is working well. We are a
participant and input into rates, dividends and management via a board of
trustees.
Alternatives
1. Stay with League program
2. Renew with League for now and evaluate quotations from other companies
in June when the property casualty coverage is up for it's three yea -
review. This would put workcomp in sync with the other coverages.
3. Solicit quotations for reveiw on 12/18/84.
Recommendation
Alternative No. 1. The League program is working well, it is a self-
insurance or non-profit, and is largely responsible for a substantial
decrease in rates for cities. A secondary recommendation is Alternative
No. 2.
Action Requested
Move to renew the Workmen's Compensation Policy with the League of
Minnesota Cities' Insurance Trust for a deposit premium of $43,677.
GMV:mmr
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SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS
RECOMMENDATIONS
FOR
CITY OF SHAKOPEE, MINNESOTA
$120,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1985A
$135,000
GENERAL OBLIGATION SEWER REVENUE BONDS, SERIES 1985A
STUDY NO. 2889
3 December 1984
SPRINGSTED Incorporated
SPRINGSTED
72INCORPORATED
PUBLIC FINANCE
ADVISORS
3 December 1984
Mayor Eldon Reinke
Members, City Council
Mr. John Anderson, Administrator
Mr. Greg Voxland, Finance Director
City Hall
129 East I st Avenue
Shakopee, Minnesota 55379
RE: Recommendations for the Issuance of:
$120,000 General Obligation Improvement Bonds, Series 1985A
$135,000 General Obligation Sewer Revenue Bonds, Series 1985A
This letter is to confirm our understanding of the City's financing needs with
respect to the following projects:
Project #82-6 16th Avenue and 90th Street
Project #83-1 1983 Sidewalk Improvements
Project #84-2 1984 Sidewalk Improvements
Project #84-6 5th Avenue Sewer
We understand the Council has authorized Mr. Greg Voxland to work with
SPRINGSTED Incorporated in securing financing for these projects. Two
separate bond issues will be necessary since two different statutory authorities
are involved. Project #84-6, which will be fully supported by sewer utility
- revenues, cannot qualify as an improvement issue under Minnesota Statutes,
Chapter 429, which requires at least 20% of project costs to be assessed against
benefited property.
Based on information we received from Mr. Voxland, we have developed the
following financing programs for your consideration:
The Improvement Bonds
We understand work has been completed and assessments have been levied for
each of the projects. The amount of the bond issue was determined as follows:
800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222-4241
250 North Sunnyslope Road, Brookfield, Wisconsin 53005 (414) 782-8222
Recommendations - City of Shakopee, Minnesota
3 December 1984
Page 2
Construction:
Project #82-6
$ 88,425
Project #83-1
16,900
Project #84-2
12,750
Engineering and Overhead
36, 900
Total Project Costs
$154,975
Bond Issuance Costs
5,625
Bond Discount Provision
2,040
Miscellaneous
170
Total Required Financing $162,810
Less: Prepaid Assessments (Principal) (42,810)
Net Improvement Bonds $120, 000
Assessments for the projects were filed in equal annual principal installments,
to be collected over ten years. An interest rate of 10% on the unpaid principal
balance is being charged on Project #82-6; a 9% rate is being charged on
Projects #83-1 and #84-2.
Attached as Exhibit I is the projection of assessment income from these
projects. The projection takes into account prepayments which have occurred
to date, but does not take into consideration possible future prepayments,
delinquencies or deferments.
Included in the principal amount of the improvement bond issue is a provision
for discount bidding in the amount of $2,040. This discount represents $17 per
$1,000 of bonds issued. The discount permits the underwriter to take his profit
immediately thus permitting the reoffering of the bonds to prospective
purchasers at a price at or near par value, and enhancing the marketability of
the issue. The discount is included as part of the interest cost of the issue when
the net effective rate of competing bids is calculated. If the entire discount is
taken the City will receive not less than $117,960 of bond proceeds in exchange
for $120,000 of bonds.
Based on the projection of assessment income as shown in Exhibit I, we have
developed Exhibit II which shows the anticipated cash flow for these bonds.
Columns I through 6 show the years and amounts of principal and estimated
interest due on the bonds including a 5% overlevy. The overlevy is required by
Minnesota Statutes and is a protection to the bondholder and the City in the
event 100% of assessments and/or taxes have not been received. Column 7
shows the projection of assessment income as calculated in Exhibit I. Column 8
shows the required levy for this issue which represents the City's share of the
improvement costs. In this case, the levy is primarily the result of the required
5% overlevy. To the extent assessment income is not generated at the levels
estimated herein, the tax levy required to cover the local share of the issue
must be adjusted accordingly.
Recommendations - City of Shakopee, Minnesota
3 December 1984
Page 3
The bonds will be dated January I, 1985 and will mature each February I, 1986
through 1994. The first payment on the bonds will be due August I, 1985 in the
estimated amount of $5,850. Each year for the life of the issue, the August I
interest payment will be payable from the first-half collection of assessments
and taxes; the principal and interest payment due the following February I will
be payable from the surplus first-half collections plus the second -half
collections.
We recommend the bonds maturing on or after February I, 1992 be subject to
payment in advance of their stated maturity on February I, 1991 and any
interest payment date thereafter at a price of par and accrued interest. This
will permit the City to prepay $45,000 or approximately 37.5% of the issue in
the event substantial prepayments are received. With the inclusion of the
allowance for discount bidding such a call feature should not impair the
marketability of these bonds.
The Sewer Revenue Bonds
We understand work is currently underway on Project #84-6. Based on our
conversations with Mr. Voxland, the amount of the bond issue was determined
as follows:
Construction $140,000
Engineering and Overhead 26, 000
Total Project Costs $166,000
Bond Issuance Costs 5,625
Bond Discount Provision 2,600
Miscellaneous Costs 775
Total Required Financing $175,000
Less: State Payment for New Prison Line (20,000)
Less: Public Utilities Contribution for
Waterline Work (20,000)
Net G.O. Sewer Revenue Bonds $135,000
These bonds will be issued pursuant to Minnesota Statutes, Chapter 444, which
requires the City to maintain sewer rates and charges at levels sufficient to
support debt service on the issue as well as operating expenses of the utility.
The average annual debt service is expected to be approximately $21,476,
including the mandatory 5% overlevy. Exhibit III herein shows the maturity
schedule and projected debt service on the issue.
If at any time sewer revenues are insufficient to support the bond payments,
the City must levy a tax to cover the deficiency until sewer rates and charges
can be raised to a sufficient level to again support the debt.
The first payment on the sewer revenue bonds will be an interest payment due
August I, 1985 in the approximate amount of $6,398. Bonds maturing in 1992
Recommendations - City of Shakopee, Minnesota
3 December 1984
Page 4
through 1995 will be subject to prepayment beginning February I, 1991, at the
option of the City.
For Both Issues
Interest rates used in Exhibits II and III reflect current market conditions.
Recent declines in indicators such as the federal funds rate, discount rate and
prime rate, have not been reflected fully in rates received on long-term bonds.
However, the Bond Buyer Index for municipal bonds dropped significantly in the
past week; from 10.24% on November 22, 1984 to 10.04% on November 29,
1984.
The bonds will be offered for sale through a competitive negotiated basis on
Tuesday, December 18, with bids received at the offices of SPRINGSTED
Incorporated no later than 2:00 P.M. on that day. We will then prepare a
summary of bid proposals received and transmit the information to Mr. Voxland
who, in turn, will present the information to the Council the same evening for
action. At the Council meeting you will be requested to pass a resolution
awarding the sale of the bonds to the successful purchaser.
Respectfully submitted,
SPRINGSTED Incorporated
3 December 1984
Fam
Carolyn J. (�bnz `/
Assistant Vice President
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Memo To: John K. Anderson, City Administrator
From: Gregg Voxland, Finance Director
Re: ByPass ROW Acquisition (Informational)
Date: November 30, 1984
Introduction & Background
Included on the bill list for Council approval are three checks:
Peoples Savings & Loan $172,400.00
City of Shakopee 32, 976.71
Frederick.0. Watson 685,623.29
891 000.00
These are for acquisition for the ByPass and are funded by the
loan from MET Council. It is anticipated that closing will occur
on 12/5/84.
No Action Required
GV:mmr
Memo To: John K. Anderson, City Administrator
From: Gregg Voxland, Finance Director
Re: Shenandoah ROW Acquistion (Informational)
Date: November 30, 1984
Introduction & Background
Included on the bill list for Council approval is a check for $27,000
to Norwest Bank and a check for $3,000 to Jerome P. Scherber. These checks
were requested by Mr. Krass for settlement on the condemnation proceedings
for Shenandoah Drive. The letter from Mr. Krass is attached.
Action Required
No action needed other than approval of the bills.
GV:mmr
Law Offices of
KRASS, MEYER & WALSTEN
Chartered
Suite 300
Marschall Road Business Center
327 Soutn Marschall Road
P.O. Box 216
Snakopee, Minnesota 55379
(612)445-5080
Mr. Gregg Voxland
Shakopee City Treasurer
1.29 East First Avenue
Shakopee, MN 55379
Dear Gregg:
" T r Phillip R. Krass Paralegals
Barry K. Meyer Barbara J. Medsirom
Trevor R. Walsten Debra A. Karlson
Elizabeth B. McLaughlin Jolene R. Wagner
Rochelle M. Anderson
Of Counsel
Dennis L. Monroe
November 28, 1984
This letter will confirm my request that the City Council approve
payment on the Scherber condemnation acquisition in the amount of $30,000.00.
Pursuant to the letter I have received from Mr. Scherber's attorney Charles R.
Carmichael, the payments should be made $27,000.00 to Norwest Bank and
$3,000.00 in one check made payable to Jerome P. Scherber and Arnold &
McDowell their attorney. Mr. Carmichael of that firm has forwarded to me and
I enclose a copy of the quit claim deed executed by the Scherbers and Clarks
to the City. Please have Bo Spurrier review the deed.
It is my understanding that this matter can come before the City
Council at their regular meeting on the 4th of December and that the funds
will be available shortly thereafter. Thank you.
Yours very truly;,'
KRASS, MEYER. &,. WALSTEN CHARTERED
`Phi llip R. Kra ss
;i
PRK:m j
Enclosure
cc: Charles R. Carmichael
S_M--Quit Claim Deed
--.o Corporation or Partnership
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( )
filed ( ) not required
Certificate of Real EstateValueNo.
County Auditor
by Deputy
STATE DEED TAX DUE HEREON: $ none -exempt
1984
Date:
October
r
di
Herbert W. Clark
FOR VALUABLE CONSIDERATION, Jerome P. Scherber a sin le person,
r Grantor(s),
and Audrey Clark husband and wife_ (marital status)
hereby convey(s) and quitclaims) to City of Shako e
tion under the laws
, Grantee, a municipal corpora
of real property in Scot_ County, Minnesota, described as
®f Minnesota �
follows:
The East 4 rods of the Northeast Quarter of the Southwest Quarter;
The North 2 rods of the East 4 rods of the Southeast Quarter of the
Southwest Quarter;
et of the North 105 feet of the southeast
115, Range 22,
The South 72 feet of the East 66 fell in Section 5, Township
Quarter of the Southwest Quarter, a
Scott County, Minnesota;
(if more space is needed, continue on back)
together with all hereditaments and
Affix Deed Tax Stamp Here
tenances Dej
/c � 144
!rata M. Sc
P. Sch r
.it W. Clark
ing thereto.
Audze� Clark �
i
PROVINCE OF ALBERTA) SS:
CANADA
The foregoing instrument was acknowledged before me this day of October
1984, by Herbert W. Clark and AudreyClark, husband and wife Grantor(s). ,
SIGNATURE O£ PERSON TAKING ACiO70FZF.DC�M`1
NOTARIAL STAMP OR SEAL v
(OR OTHER TITLE OR RANK)
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this LZ dayof Oahe.+•_— ,
1984, by Jerome P. Scherber, a single person, Alberta M. SCnerber, d slnoie person
Grantor(s). ,
NOTARIAL
(OR OTH �:1 ,xTFj F:IC:[CEN
• �
7"
Ay A COUNTr {
My commission expire: jeec 11, 19s3
THIS INSTRUMENT WAS DRAFTED BY:
This instrument was prepared by.
ARNOLD & MCDOWELL
5881 Cedar Lake Road
Minneapolis, MN 55416 1
TAKING ACKNOWLEDGMENT
Tax Statements for the real property described
in this instrument should be sent to (Include
name and address of Grantee):
DAVID B. ARNOLD
CHARLES R. CARMICHAEL
MICHAEL B. LEBARON
GARY D. MSDOWELL
FAYE KNOWLES
STEVEN A. ANDERSON
DANIEL J. BERENS
STEVEN P. HOGE
BARRY ANDERSON
LAURA K. FRETLAND
EDWARD A. SCHNEIDER
CHARLES L. NAIL
November 21, 1984
ARNoim & McDowEI.L
ATTORNEYS AT LAw
5881 CEDAR LASE ROAD
MIA'NBAPOLIs, MINNESOTA 5-5416
CA.BLZi MCLAW MINNEAPOLIS
(612) 545-9000
MNI TOLL FREE 800-343-4545
Mr. Phillip R. Krass
Attorney at Law
300 Marschall Road Business Ctr.
327 South Marschall Road
P.O. Box 216
Shakopee, Minnesota 55379
400 SOUTH SECOND STREET
PRINCETON, MINNESOTA 55371
(612) 388 -2214
7.4 TENTH STREET EAST
GLENCOE,MINNESOTA 55336
(612) 864-6111
101 PARK PLACE
HUTCHINSON. MINNESOTA 55350
(612) 587-7575
Re: City of Shakopee v. Jerome P. Scherber, et al.
Our File No. 2058-84-0002
Dear Mr. Krass:
I enclose a photocopy of the executed Quit Claim Deed from
Jerome P. Scherber, a single person, Herbert W. Clark and Audrey
Clark, husband and wife, and Alberta M. Scherber, a single per-
son. I have in my possession three executed counterparts of the
Quit Claim Deed.
You should be in receipt of the Quit Claim Deed from Norwest Bank
Bloomington. I have discussed this matter with Ellen Thorson of
Norwest Bank Bloomington. I understand that she has requested in
her correspondence that all of the award be forwarded to her for
application against the Scherber/Clark mortgage. She has agreed
as has Jerry both individually and on behalf of his partner,
Herbert Clark, that $27,000.00 of the proceeds should be paid
directly to Norwest Bank Bloomington for application on the
Scherber/Clark mortgage. The other $3,000.00 should be made
payable to the order of Jerome P. Scherber and Arnold & McDowell
and forwarded to the undersigned to cover attorneys fees and
costs and disbursements incurred by Jerry in regards to the
matter.
Mr. Phillip R. Krass
November 21, 1984
Page 2
Please advise when you would intend to close the transaction and
I will mail or present the deeds for payment.
If you have any questions, please do not hesitate to contact me.
Very t� ours,,
A LD M.Cb 'L�
Charles,R. mich+
CRC: rf
Enclosures
CC: Norwest Bank Bloomington
J.erome P. Scherber
Herbert W. Clark
C_= -_-r N' -- _oF - - H A -K CD p._I _a...
INCORPORATED 1870
* ENGINEERING DEPARTMENT *
129 E. 1st Avenue - Shakopee, Kinnesota 55379-1376 (612) 445-3650
MEMO TO: John K. Anderson, City Administrat
FROM: H. R. Spurrier, City Engineer
SUBJECT: Consulting Services for General En
DATE: November 30, 1984
INTRODUCTION:
Pursuant to previous direction of City Council and pursuant
to previous recommendation, I am requesting that the City initi-
ate a selection process for consulting services for the City
of Shakopee. In the past the City has used a variety of se-
lec:t ion methods, some of which are contained in the following
alternatives and recommended.
BACKGROUND:
There are three alternatives available to the City. One is
to do nothing and continue to use the City's present consulting
firm, Suburban Engineering. Two, the City may request qualifi-
cations and narrow the selection process to several qualified
consultants which would be requested to submit specific pro-
posals for consulting services far the City. Finally, the
City may request proposals from all consultants without first
reviewing the qualifications.
Alternate one is self explanatory and is a do nothing alterna-
tive. Alternate two narrows the selection process by requesting
qualifications from any and all consultants that would be in-
terested in working for the City. A qualification statement
would explain how the consultant is qualified to undertake
all or a majority of the proposed projects listed on the City's
Capital Improvement program. These qualifications would specify
what similar work was undertaken by the firm, how it is similar
to the City's proposed work, and then give some view of the
quality of the consultant's work product.
After receiving the qualifications statements from the consul-
tants, the City has several alternative evaluation methods.
Method one is to establish a committe to narrow the list of
consultants from which proposals would be requested. With
method two, the City could request proposals from a list sub-
mitted by the City Engineer and revised by City Council.
Consultants
November 30, 1984
PageP
With method three, the City could request proposals from all
of the consultants submitting qualifications which is tantamount
to selecting the last alternate above. With methods one and
two, no more than three to five consultants should be requested
to submit proposals. The proposal would be a detailed work
plan specifying the competence of the personnel that would
be assigned to different categories of work for the City of
Shakopee. It would specify the work products the firm would
expect to produce, the tasks the firm would expect to undertake,
and finally the method by which the firm would expect to be
compensated for undertaking this work. Included in that method
would be details on how the firm is compensated for meetings,
travel, additional work, and brief inquiries.
The final alternative was to request proposals from all firms.
The content of the proposals would be all of that specified
in the mothods above as well as information about the qualifi-
cations of the firms.
My recommendations is to first request qualifications from
any firm that is interested in providing consulting engineering
services to the City of Shakopee. Since I am the one that
is most directly affected by the qualifications of the firm
and the ability of the firm to undertake the work, I would
ask for a major role in the selection process. I am comfortable
with submitting a list of qualified firms to a selection com-
mittee or supplying a list of qualified firms to the City Coun-
cil. Regardless of the alternative I recommend that the City
first receive qualifications before receiving the detailed
proposals. The City should allow three to five weeks for
receipt of the qualifications. I would expect to advertise
once in the Construction Bulletin and mail notices to all consu-
ltants that have ever, expressed an interest in furnishing con-
sulting engineering services to the City of Shakopee. I expect
that the City would be prepared to specify which firms should
submit proposals by January 8, 1985, and would be ready to
select a firm by February 5, 1985.
As this memorandum indicates, I have a bias for receiving the
qualifications first followed by receipt of detailed proposals.
Therefore, it is my recommendation that the City request quali-
fications pursuant to the recommendations above.
r' -)"L-
Consultants
'L
Consultants
November 30, 1984
Page 3
ACTION REQUESTED:
A motion to direct the City Engineer to distribute the request
for qualification to all of the consulting engineers that have
expressed an interest in working for the City of Shakopee,
as well as advertising the City's interest in the Construction
Bulletin. Said qualifications must be received by December
28, 1984 and then (select one).
a. The City Engineer will submit a list of qualified
consultants to a committee selected by City Council which
will recommend a list of consultants from which proposals
will be requested.
b. The City Engineer will submit a list of consultants
to the City Council for review, revision, and from which
proposals will be requested.
C __TYOF-. SHA_KOPaa_
INCORPORATED 1870
* ENGINEERING DEPARTMENT *
129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650
Form Letter Requesting Qualifications
Dear-
The
ear
The City of Shakopee is receiving qualification statements
from consultants interested in providing consulting services
to the City of Shakopee for some of the projects listed on
the attached copy of the 1985-1989 Capital Improvement program
for the City of Shakopee, Minnesota.
Only those projects marked with an asterisk will be undertaken
by the City of Shakopee. Qualifications should highlite com-
prable work regardless of whether it has been for the public
or private sector.
The City will be particulary intersted in the consulting firm's
experience with other municipalities in the Metropolitan area,
the firm's experience with projects of similar scope and con-
ditions.
on-
ditions.
The City of Shakopee requests that the qualification statements
be addressed to H.R. Spurrier, City Engineer, and received
no later than December 28, 1984.
The City of Shakopee expects to review the qualification state-
ments and select no more than five firms to present detailed
proposals. The detailed proposals will be requested on or-
about
rabout January 9, 1985, and must be delivered no later than
January 18, 1985. The City would expect to make its final
selection by February 5, 1985.
Should you have any questions regarding the Capital Improvement
program or the content of the request for qualifications please
contact H. R. Spurr :i er, City Engineer, at 129 East F i rst Avenue,
Shakopee, Minnesota, (612)445-3650.
Sincerely,
H. R. Saurrier
aaN Ell�°
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INCORPORATED 1870
* ENGINEERING DEPARTMENT *
129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650
MEMO TO: John K. Anderson, City Administrator
FROM: H. R. Spurrier, City Engineer
SUBJECT: West -Side Sanitary Sewer Study
DATE: November 30, 1984
INTRODUCTION:
The Engineering Department is
western part of Shakopee. This
resulting from a flow allocation
N(� 386.
BACKGROUND:
lac
preparing a sewer study in the
area now has severe limitations
system established by Ordinance
The City of Shakopee is acquiring a By-pass Right -of -Way.
This area will not be developed because it will become the
westerly interchange for the Trunk Highway 101 By -Pass. As
a result approximately 98,000 gallons of flow allocation is
being transferred to the City with the acquisition of the inter-
change. This allocation has the potential for eliminating
a need for any future flow restrictions in this area thus elimi-
nating a very costly and cumbersome accounting system that
must be maintained by the City.
The recommendation is to include a review of the necessity
or such an allocation system in the above referenced study
so that the report will include recommendations about the flow
limitations as well as needed improvements.
ACTION REQUESTED:
A motion to direct the City Engineer to include a review of
the west -side flow allocation in the West -Side Sanitary Sewer
Study.
HRSlpmp
SANSEWER. PMP
C=TY CDF SI-1ikKCDF>
INCORPORATED 1870
* ENGINEERING DEPARTMENT *
129 E. 1st Avenue - Shakopee, binnesota 55379-1376 (612) 445-3650
To: John K. Anderson, City Administrator, /
From: H. R. Spurrier, City Engineer
Subject: West Side Flow Allocation
I nt rod uct i on:
As a part of the purchase of Bypass Right of Way from Frederick
O. Watson is is necessary to transfer the flow allocation that
is attributed to that parcel.
Action Requested:
Authorize proper City Officials to execute the agreement trans-
fering Flow Allocation to the City of Shakopee from Watson
Construction.
c =_TY C!F._IE3HAKJPH: I= -
INCORPORATED 1870
a* ENGINEERING DEPARTMENT i*
129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650
MEMO TO: H. R. S purr i er, City Eng i neer
FROM: Steve Hurley, Engineering Technician
SUBJECT: Sanitary Sewer Flow Allocation
DATE: November 30, 1984
After researching City records the following distribution of
sanitary sewer flow allocation to properties originally owned
by Watson Const -ruction, Inc. and designated as Pat -cel " G " was
determined.
1. Lenzmeir Transfer
2. MN Valley 1st
3. MN Valley 2nd, 3rd, 4th,
and Evergreen 1st
4. Evergreen Transfer
5. MN Valley 5th
6. Parcel 27-911-026-3
7. Parcel 27-911-026-2
(39 Units x 1,050 gal. /day)
8. Parcel 27-911-026-1
Original Parcel "G" Allocation
Less Above Allocation
Amount of Flow Allocation
Attributed to City Parcel
10,000 gal. per day
30,450
101,850
18,000
24,000
5,354
40,950
71,250
301,854
400,065 gal. per day
(301,854)
98,211 gal. per day
SUNNI
milband
milliming
mililimull
SUNNI
milliming
11111111mil
AGREEMENT
WHEREAS, the Shakopee City Council did adopt on the 22nd
day of February, 1977, Ordinance No. 386 which placed limitations
on discharge in sanitary sewer and allocated said discharge
among certain property owners located in the City of Shakopee;
and
WHEREAS, Watson Construction Co., a corporation organized
under the laws of the State of Minnesota, owned one of the par-
cels described in said Ordinance No. 386, to -wit: that parcel
identified as "PARCEL G", to which 400,065 gallons per day of
allocation was allotted and which parcel was legally described
as follows:
The Northwest Quarter of the Southeast Quarter and the
Northeast Quarter of the Southwest Quarter and that part
of the Northwest Quarter of the Southwest Quarter lying
southeasterly of U.S. Highway No. 169, except that part
thereof described as follows: Commencing at the inter-
section of the north line of said Southwest Quarter and
the southeasterly boundary of Trunk Highway No. 169 and
running thence southwesterly along said southeasterly boun-
dary a distance of 244.3 feet to the actual point of be-
ginning; thence southeasterly and at right angles to said
southeasterly boundary a distance of 400.0 feet; thence
southwesterly and parallel to said southeasterly boundary
a distance of 376.25 feet; thence northwesterly and at
right angles to said southeasterly boundary a distance
of 400.0 feet; thence northeasterly along said southeasterly
boundary a distance of 376.25 feet to the actual point
of beginning, together with an easement for access purposes
in common with others over the northwesterly 100 feet of
a strip 40 feet in width adjoining said premises on the
northeasterly side and over the northwesterly 100 feet
of a strip 40 feet in width adjoining said premises on
the southwesterly side, subject to the right of way of
County Road No. 69, and that part of the Southwest Quarter
of the Northwest Quarter lying southeasterly of U.S. 169.
That part of the Southeast Quarter of the Northwest Quarter
lying southeasterly of U.S. Highway 169 and southeasterly
of Legislative Road No. 300, except that part of said quar-
ter quarter lying between the southeasterly boundary line
of U.S. Highway 169 and the northwesterly boundary line
of Legislative Road 300, and
That part of Government Lot 2 lying southeasterly of Legis-
lative Road No. 300.
All of the above property lying in Section 11, Township
115 North, Range 23 West, in the County of Scott, State
of Minnesota, according to the United States Government
Survey thereof; and
WHEREAS, The City of Shakopee a Municipal Corporation in
the State of Minnesota, has acquired title to a portion of "Par-
cel G" hereinafter "Watson Parcel I and Watson Parcel II" legally
described in Attachment "A".
WHEREAS, said Watson Construction Co. and the City of Shako-
pee desire to agree upon the flow allocation to be allocated
to said Watson Parcel I and Watson Parcel II acquired by the
City of Shakopee.
NOW THEREFORE, it is agreed by and between the parties
as follows:
1. In consideration of the purchase by the City of Shakopee
of said "Watson Parcel I and Watson Parcel II" the receipt and
sufficiency of which is hereby acknowledged by Watson Construc-
tion Co. Watson Construction Co. does hereby sell, transfer
and assign to Renden Development for use on the above-described
Parcels 98,211 gallons per day of the flow allocation granted
to Parcel G in said Ordinance No. 386. Said sale, transfer
and assignment shall be unequivocal and Watson Construction
Co. does hereby direct the City of Shakopee and its staff to
amend City records to reflect the fact that said 98,211 gallons
per day flow allocation is being assigned to Watson Parcel I
and Watson Parcel II.
2. Watson Construction Co. does hereby guarantee and war-
rant that it has sufficient flow allocation remaining for Parcel
G to perform the sale, transfer, and assignment set forth in
Paragraph 1 above.
IN WITNESS WHEREOF, The City of Shakopee and Watson Con-
struction Co. have executed this Agreement for sale, transfer,
and assignment at Shakopee, Minnesota, this 21st day of May,
1979.
City of Shakopee
BY
Mayor
BY
City Administrator
BY
City Clerk
WATSON CONSTRUCTION CO.
BY
Frederick 0. Watson
President
Approved as to form BY
City Attorney
Richaard B. Weigel
Secretary
State of Minnesota
ss
County of )
/(F
On this day of May, 1979, before me, a Notary
Public, Frederick 0. Watson, personally appeared to me personally
known, who, being each by me duly sworn, did say that they are
respectively the President and Secretary of Watson Construction
Co., the corporation named in the foregoing instrument, and
that said instrument was signed in behalf of said corporation
by authority of its Board of Directors and said Frederick 0. Wat-
son and Richard B. Weigel acknowledged said instrument to be
the free act and deed of said corporation.
Notary Public
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Shakopee '84 Partnership IR Bonds
DATE: December 4, 1984
Introduction & Background
The Shakopee 184 Partnership is requesting final approval of
$515,000 Commercial Development Revenue Note. Their closing
is scheduled for December 6, 1984.
Mr. Krass, Asst. City Attorney has reviewed the draft of
the documents involved and has found them in order.
All of the conditions placed on the development, at the
time of preliminary approval, have been met, per the City
Engineer, City Planner, and Building Inspector.
Alternatives
a. Approve
b. Deny
Recommended Action
Offer Resolution No. 2344, A Resolution Providing for the
Issuance and Sale of a Revenue Bond Pursuant to Chapter 474,
Minnesota Statutes, to Provide Funds to be Loaned to Shakopee
'84 Partnership Commercial Development Project, and move its
adoption.
JSC/jms
Law Offices of
KRASS, MEYER & WALSTEN 1-3 H r
Chartered
Suite 300
Marschall Road Business Center
327 South Marschall Road
P.O. Box 216
Shakopee, Minnesota 55379
(612) 445-5080
Ms. Judy Cog, City Clerk
City of Shakopee
City Hall
129 East First Avenue
Shakopee, MN 55379
Phillip R. Krass Paralegals
Barry K. Meyer Barbara J. Hedstrom
Trevor R. Walsten Debra A. Karlson
Elizabeth B. McLaughlin Jolene R. Wagner
Rochelle M. Anderson
Of Counsel
Dennis L. Monroe
November 29, 1984
Re: Shakopee '84 Partnership Project Bond
Dear Judy:
I have reviewed the initial draft of the 13 documents forwarded to me
by letter dated November 26, 1984 from Alan E. Bernick. I find the documents
in order. I have also received from Mr. Bernick a copy of his November 28,
1984 letter to you with the attached proposed final resolution, which I also
find to be in order.
Subject to reviewing the final drafts, it is my opinion that the
documents are in order- and may be executed subsequent to the passage of the
final resolution on December 4, 1984. Thank you.
Yours very --truly,
KRASS, MEYZIII& WALSTEN CHARTERED
Phi.11lp R. ass
PRK: m j
cc: Alan E. Bernick
3 19a�
OPPENHEIMER WOOF 1700 FIRST BANK BLDG. 4824 iCS CENTEr
FOSTER SHEPA pD SAINT PAUL 612 27-7 h'INtiEgPCJS MIN 6i 5:
1� rIIW TELEPHONE 612 22�-72?? ?EL�GuONE:672 332
AND TELEX.70187P TELEX 701605
DONNELLY
HAND DELIVER
November 28, 1984 Std F F Al 14 C-) O N
� t_1 el .
Ms. Judith S. Cox
City Clerk — City of Shakopee, Minnesota
City Hall
129 East First Avenue
Shakopee, Minnesota 55379
Re: Final Resolution Authorizing the Issuance of the
$515,000 City of Shakopee, Minnesota
Commercial Development Revenue Note of 1984
(Shakopee '84 Partnership Project)
Dear Ms. Cox:
The purpose of this letter is to request that the above -captioned
matter be placed on the agenda of the upcoming City Council meeting,
scheduled for Tuesday, December 4, 1984. We have enclosed eight
(8) copies of the form of the final Bond Resolution, together with
the specimen form of the Bond, for distribution as part of the
agenda package.
The closing of this transaction is now scheduled for December 6,
1984. The Assistant City Attorney, Rod Krass, has received
preliminary drafts of the principal documents. Final drafts of
the principal documents are currently being prepared and should
be available for review by Mr. Krass prior to Tuesday's City Council
meeting.
We will forward to you the execution copies of the Bond Resolution
and the Bond, as well as the other principal documents which must
be executed by the City, prior to the City Council meeting. As
discussed, we have made arrangements to pick up all of the executed
documents from your office sometime Wednesday afternoon, December
5, 1984. If these arrangements are inconvenient for you, please
let us know.
Please feel free to call us if you have any question or if you
require any addit' 'reformation. Thank you for your assistance
in these matter
very truly yo/.irs,
Al . Bern
AEB:ep
Enclosures
cc: Richard D.Hartman
Jon J. Hoganson, Esq.
Phillip R. Krass, Esq.
Jerry L. Hertel
Kristeen L. Hulsebus, Esq.
MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION
LOCAL NO.320 F T
IE RS S affiliated with the T Eq r
' INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA s?;
3001 University Avenue S.E. — Minneapolis, Minnesota 55414 — Phone (642) 331-3873
'41W 9
November 30, 1984
Mr. John K. Anderson
Shakopee City Administrator
129 Last lst Avenue
Shakopee, Minnesota 55379
Re: 1985 Public '.,-gorks Contract
Dear Mr. Anderson:
DEC
6i
The following are the proposals for the Public Works Employees
to be effective January 1, 1985 through December 31, 1985:
1. PAY SCHEDULE:
Adjust by seven (7%) percent.
2. ARTICLE 19 - INSURANCE:
a. Employer to pay any increase in the insurance premium.
b. Emnloyer to establish a eye and dental fund for each
employee.
3. ARTICLE 21 - VACATIONS:
After ten years service - 20 days.
4. ARTICLE 25 - COVERALLS:
Employer to provide and maintain uniforms for all employees
including winter jackets.
5. DISCUSSION:
Holdover.
The Union reserves the right to change the proposals during
negotations. Provisions within the contract not changed to
remain in effect.
Sincerely,
TEAMSTERS LOCAL NO. 320
Robert J. Weisenburger
Business Agent
United To Protect
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Question and Answer
Increment District
Fiscal Disparities
DATE: December 1, 1984
Fact Sheet on Tax
(TIF) #4 -Racetrack
Contribution
On November 20, 1984 Council passed Resolution No. 2344 approving
TIF District #4 and in so doing elected to have the Fiscal Dispari-
ties (FD) contribution of District #4 paid for by all taxpayers
rather than District #4. This raised all Scott County taxpayers
taxes by .33 mills, all school district taxpayers taxes by .93
mills and City taxpayers taxes by .25 mills for a total increase
of 1.51 mills for a Shakopee taxpayer who pays taxes to all
three jurisdictions. Questions from citizens and the news media
since Council's action on November 20th lead me to the conclusion
that a question and answer type fact sheet would be helpful
in outlining the choices Council had and the consequences of
the choice Council selected.
Questions and Answers
Q-1 Did Minnesota Racetrack Inc. (Canterbury Downs) require
that the City increase taxpayers taxes by 1.51 mills?
A. No!
Q-2 What choices did City Council have that might have caused
them to increase taxes by 1.51 mills?
A. Council had two alternatives when approving Resolution
No. 2344•
Alternative 'A' - Approve the TIF District #4 Resolution
capturing the FD contributions which,
using 1984 figures, would equal $2,040,000
in captured tax increments for the
eight years of the tax increment district.
This alternative required that all
other taxpayers pay the fiscal disparities
contribution of approximately $350,000
per year (1984 figures) thus creating
the 1.51 mills increase for other Shakopee
taxpayers.
Alternative 'B' - Approve the TIF District #4 Resolution
without the captured FD contribution
which, using 1984 figures, would equal
$1,690,000 in captured tax increments
for each of the eight years of the
tax increment district. This alternative
would have meant that fiscal disparities
contribution of $350,000 per year would
have been made from the Racetrack TIF
District.
Q-3 Why then did Council select Alternative 'A'?
A-1 Alternative 'A' means an additional $350,000 per year for
eight years for the Shakopee Housing and Redevelopment
Agency (HRA) for yet unnamed capital projects that will
benefit Shakopee residents.
A-2 Alternative 'A' shifts all but $120,000 of the payment
of the $350,000 annual FD contribution to non -Shakopee
taxpayers. Specifically County taxpayers, school district
taxpayers, special district taxpayers and indirectly through
various aid programs statewide to all state taxpayers.
Clearly this decision is of primary benefit to Shakopee
taxpayers whom City Councilmembers are elected to represent.
Furthermore, it is the alternative almost exclusively elected
by other cities throughout the Metropolitan area using
commercial or industrial TIF districts that are required
to make FD contributions.
A-3 Alternative 'A' is the only alternative which gives the
City Council the option of paying or not paying the FD
from TIF District #4 on a yearly basis when taxes are levied
in October. If Council decides there is no worthwhile
project for all or part of the $350,000, in a given year
the money will pay the FD contributions and there will
be no 1.51 tax increase.
A-4 Alternative 'A' increases Shakopee taxpayers' mill rate
by 1.51 mills to pay Shakopee's $120,000 portion of the
$350,000 fiscal disparities contribution; but, still allows
the HRA which will receive the $350,000 to contract with
the City for municipal services for an amount perhaps equaling
the $120,000. Such a contract could mean that the City
could in turn reduce its regular general fund mill levy
by 1.51 mills thus maintaining for Shakopee residents the
present mill rate with no increase. This would still leave
a net of $230,000 per year for eight years for Shakopee
HRA projects, projects that may have resulted in future
tax levies on Shakopee residents.
Q-4 Will City Council in fact decide that the $350,000 is not
needed in any given year or contract for services to reduce
the 1.51 mill tax burden on Shakopee residents?
A. City Council only began discussing these two alternatives
weeks before its decision on November 20th and will undoubtedly
look at these alternatives more closely in upcoming months.
The impact of the decision will not occur until 1987 when
the first tax increment is captured for the benefit of
the HRA tax increment district.
Q-5 How can it be that the Shakopee City Council can make a
decision that increases non -City taxpayers taxes (county,
school district, special district and state)?
A. The tax burden is spread across all jurisdictions because
the City's November 20, 1984 decision removed over three
million dollars in future assessed valuation from the tax
base of the City, county and school district. For each
of these agencies to raise the money for their budgets
will require that a higher mill rate be levied to generate
the $350,000 in taxes that would have been generated if
the potential new $350,000 in tax base had not been captured.
Again, those incereases are .33 mills for all county taxpayers,
.93 mills for all school district taxpayers and .25 mills
for all Shakopee City taxpayers thus equaling 1.51 mills
for taxpayers in all three jurisdictions. It is important
to note that this loss of tax base for eight years will
be followed by a 10 million dollar tax base for taxpayers
in all three taxing jurisdictions bacause that is when
the full benefit of the assessed value of the Racetrack
will come on line.
Q-6 Why should other taxing jurisdictions participate in the
payment of the FD contribution for a project in Shakopee?
A. The facilities constructed with the $350,000 will likely
be spent on Downtown Redevelopment or Upper Valley Drainage.
Either project will result in benefits to non -Shakopee
taxpayers by improving the potential for new development
and redevelopment which will add to all jurisdiction's
tax base. It will also result, in the case of Downtown
Redevelopment improved traffic flow in and out of the County
for all residents and improved shopping for all residents
shopping in retail stores in downtown Shakopee.
Q-7 What is the actual dollar impact on a City taxpayer living
in all three taxing jursidictions?
A. The following is an example of the tax impact on a City
taxpayer for various home values based upon 1984 figures
and assuming there is no contract with the HRA and the
$3501000 is used for a project(s):
A home with an EMV of $ 53,200 payes $14.23 or 1.4% more
A home with an EMV of $ 71,600 payes $21.06 or 1.4% more
A home with an EMV of $ 81,300 payes $25.43 or 1.4% more
A home with an EMV of $105,200 payes $36.18 or 1.4% more
A home with an EMV of $123,100 payes $44.24 or 1.4% more
A business with an EMV of $ 34,400 payes $ 14.45 or
1.4% more
A business with an EMV of $ 156,400 payes $ 87.38 or
1.4% more
A business with an EMV of $ 264,200 payes $ 156.91 or
1.4% more
A business with an EMV of $4,836,400 payes $3,105.97 or
1.4% more
JKA/jms