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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__ CO V Ul O C- )r —i D Cn -< O i omo nn 7c --i Z cn —1 = _ > ..� -icn:,- mm 70 CD X r' t7 t -L c-) -1 c) � r - imo Om aim 7n 30.1) �d m r --i 7z of ) < mzrt: cn :K O m Z l_nt cl = D C'.7 X p • . m •- - cn—� t� m z = z- «-. tp = r �m cn 3 .. 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C: z c m cnU)m Qz m3 Cv,.n- 3 �m zD m -cmc Ull dr me = cn- -< O t) m u)z O GG" )m (nn -1 Z D m ;D ter- cn m --a C o m m O cn ;o c -i r- . -n 2 z O --i-o = m C m_ 03 > Z o z y oD m t) c 70 4t --1 � z cn rz. o -- i i -n m N + 1 + N V� O CF) N O. N LO LTl O �I L.n 00 0 c) ►-� LO o OC: I� C W O Ln v r- Ci c =,;o c C= o m z o -,= U) D m C: n cn m U) O D�> r Z Uj -I L o z D d w =XCOm -v 0 t= m c) m m t7 m s = t7 m t7 O s 0 s C) D tv --I cn m m •-^ x -DG. x -o ::a 0 r z z D C = s —{ n f7 .-. 3 O m m -10 C o d 3 _ m m W E r t= -< • - o < m C .., to Cn = cn m z —+ r3rl O 2 CD1 D N (7 -1 --I C-) -p < > D -I D t:� m ►-, .-. r7 D z ;7 -- o C)7 � r �r1 M z;u r� CO V Ul O C- )r —i D Cn -< O i omo nn 7c --i Z cn —1 = _ > ..� -icn:,- mm 70 CD X r' t7 t -L c-) -1 c) � r - imo Om aim 7n 30.1) �d m r --i 7z of ) < mzrt: cn :K O m Z l_nt cl = D C'.7 X p • . m •- - cn—� t� m z = z- «-. tp = r �m cn 3 .. C: z c m cnU)m Qz m3 Cv,.n- 3 �m zD m -cmc Ull dr me = cn- -< O t) m u)z O GG" )m (nn -1 Z D m ;D ter- cn m --a C o m m O cn ;o c -i r- . -n 2 z O --i-o = m C m_ 03 > Z o z y oD m t) c 70 4t --1 � z cn rz. o -- i i -n m N + 1 + N V� O CF) N O. N LO LTl O �I L.n 00 0 c) ►-� LO o ,r k -M C) - v LO v co -r . on -r--7. C N N o In -� O Xr O 0 CD �1 �1 n �r1 Z-= V O LO .vl o In �-M7 0 0 C--) D N m 0 D a OC: I� C W O Ln v r- Ci D =,;o c C= m m l�J w m D -,= U) D m n N m O D�> D C)O�- -I L D d =XCOm r'1 V) m c) m 7D t7 s = t7 m C) O s 0 D -o cn 3 ,1 rt:l x -DG. x cn D O C = s —{ r -n m 3 -n or) s o m z _ ci z m x m c • - o < m �zm -D m =�z D C) d r3rl U) O 2 z _ m n --� -1 -mo c o rD;u U) .-. z ;7 -- o z;u mnCn x m -1 In m m -< m t7 t7 c ^ O') W LO C-) LO O cD D V l 00 o co Cp N d N C') ,r k -M C) - v LO v co -r . on -r--7. C N N o In -� O Xr O 0 CD �1 �1 n �r1 Z-= V O LO .vl o In �-M7 0 0 C--) D N m 0 D a m r m X D 1n m OC: I� C W V-11 N %.. v G-) O %.p CD W O v, 1-4 N O o O 0 l�J w l:l U co W O n m r m X D 1n m ~'w v v � CK) � Un u l v CD ►--+ G-) C� �! C V'1 O O N O C N -C-7 N O O o N -!:= N O n m r m X D 1n m 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. 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M M . . n . n . 00 . 0O . 00 00 00 00 00 00 00 00 O 0 0 00 00 O N N N N N 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 /dlr EXHIBIT I Vr N coA WO In 0 L O to O InM M 2 a, w ...7 1 N.-1NV'Inr-wariN Ln N rk. .-1 F Q I Or I'D toV mNN.-10 M ., O � E-, 1 .; .4 -, .4 ., c H G. m O F I Na \ o w a Ln m a wvi amz F°° I rn�^0Lna n0Ln0Ln c Err cn0 1 rtowm1-4Nclnr-m o E- 00 W N 1 W O I OrkOLnIn V'MN.-1 01 tom or� cw mrn xN, ao F F O H I z \ z1 *-4 N W In In Ln In In 0 In 0 Ln c rn U) tea• a a l aacacer � A °. cn .a .•1 rnrno+o+rnrnrno,rnrn c F w �+ U i Orn O «a w a >. am 1z -1I z a 1 1IA a. r �vlrna0mrr .1 z .,co V Or mow N ID 1..1 Er %o co co In In In c er a ao O 1'-' to Cs. O% F I ., O a w m N W . F dP I .i Ln m M co N r .1 In -4 to O N (nO 1 CN CO V•. -4r V Or m O FCO U .-1 4 wo I mNNNH 1-/14 1p m z 1 .. a . , w .-1 1-1 M 11 W F t z w I m F M z A 1 I \ zLO w .E C7 M N z .4I l0 to l0 t0 1D t0 w l0 N0 H m U] 1,,,, I m mm0+rnrna,a% co w0 W .] a I m m m m m m m m m 1n A F m r14 z I ri a w U F H I N E- U u w h 0 C7 01r110NrMOJV r r a `2 1 wO014 to Nr m� N F I 0�00�.--INNMm In �7 M O O I rr�olnV'MNr10 r W O1 F 1 .-4 .-1 -4 -4 -4 .-4 -1-4 -4 N 1 \0 a en � ru Fdn I rNaoMc,sr c N m0 1 NIn .-1%0 Nr mco 10 N [-. co %o-4 w0 1 Un Inw%orraomON In Cno+ I •• a • I w .-1 N w w0 I Gor,%C LnVMN-4 N a\ co F ,., co A 1-1 I z \ � M N 1n to Ln In In Ln Ln Ln M M m V• V' V' V' a V O w O Qzw a a 1 aVcaa�aa� o AF O F G' U 1 010) O1m01cnONmm In a w t� z co OF W QN I za zu Z" £ m A O z O m a C F I F Ua i 4 CN rnmCY) r owz w.t 1 wmcocornoa- aoaoaoa000rnrna�rnrn aezw rnrnma+mmC%Mmc+ > 0 1 U 1 a 00 a czoa ooa o �g z a i c.n�oroo rno.-+NM E- E- F N ON�010101��0�0��0� H .-1 H >4 U G. I a Ot W W E- 0 o Q -a N CO 0 N O. w a ao Q W U a mz N w > Ow Z E- U) U) u cl z W H as Qw n. cn w a>4 am U) Qzw EO" O N a [n F W wQ�n z u Z � m A oz 0 wasp w Q O w z t4zLTJ Q W f scow c� > 00 c. o a oon .z �Ho f, F N U � F I L) 1% 1 Ln tO r wm0-1Nm wQ I aomc000mo+rnrnrnrn .]W I o,rnrnrnrnrno+rnrnrn o I � Q E � o z a 1 CLn to r-wm(D FNM E- h -1 Q I wwwww OO1mmm aw I rnrnrnrnrnrnrno,rnrn w 1 t0 .i t0 .-4 M M .i o-] I .-1 Ot N t0 Ot fn tp O N N V' E I .. I O I Omwrt0 to C M.-4-4 r E 1 N.i I E I V tD a Ln0tnaLnrntn M Un I NOCr.-i tT w -4 Ir W N Q w I Qtw to lw v N ' -I O a I E w I Oto0rtoLnCMNri o+ qw O Z I ►a I E t0 t0 to w t0 w t0 t0 O C' N 1 a. I rrrrrrrrrat o ri I I U I O O O O O O o 0 0 co z I -4 . .1 .ti .ti Ol I N I al al F I L) 1% 1 Ln tO r wm0-1Nm wQ I aomc000mo+rnrnrnrn .]W I o,rnrnrnrnrno+rnrnrn o I � Q E � o z a 1 CLn to r-wm(D FNM E- h -1 Q I wwwww OO1mmm aw I rnrnrnrnrnrnrno,rnrn w 1 EXHIBIT If 0 M d' C• N m r C' m 0 r J h 0N01COM 00M 00 ar-- OLn1 Ili l 1D N 01 LnN o > > O Z W N.1 �ot0 Ln Ln Ln .-1 Z -3 V Q VY w >Cn 0000000 C 001 - N E- "3 te .i E� U \ F I I I I I I I I I Ln M C' V• N rn r C 01 01 1 OD J m r O N M Vm M 00 M N Ln a �U� 0Ln1.001%0NMLnN0 a 0 ] N co Z m w -- N .-I .-I w 1.0 1.0 In 1n Ln .-I O Zaw d• ago � � 1 O A m -4 F a 01 O O N1.0.-Iw.-1w --1 mm -4 Na W -4MNLD LTM1.0 CNN v a i- h MMN.-4 -4 O O 01O O a O o h W U-- O MM I`%o0c M -4.- + r- im m Z Z N -4 . 1 .4 -4-4-4 C w V? o00 > Q Ln T m ow morn Z F (n 00 N O U Ln i? 1.0 D z <R VT w H 0 Ln 0000 OM Ln W0 M a a eM aoMOOMNO W 1.0 m Q a Ln .-. hwmN wvO Ln .-I 00 m cn o 1.c W .-1 N OmC•N.iOwr r a >+ N N .-I N N N N .-I . 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EXHIBIT III C— -- NN ..NN N N 64 m 64 0*� Ql� cl� Un O Ln tioti m N Un t` t— b9 +9- 9y+ >-4ee M m to � t-- O N -::r �o m 00 > rnrno•-�r-t`Mrnco Tn W Oto - - . - - - - - - W �.. Mr-- O� M- 000N o0 N N N N N N N N— N N F O�Cl� U 2: O � U F H V1 X: F w w V) t--wmmmomUlMo Un ==w 7 MM�.OW—oc0Ln t— Was d� t--QUO—M0�-oMO 1-- — F—W FUIl - - - - - - - - z F O� N00MMN0c7sw a0 HFz N W 49 d O ...a O U d Z v) F zHo F t� cc M w M O co Ul m 0 Un ee -2 to rn M �o CO •- o co tl- 10 U-� t` odW t-rn0-MoI'D M0t` Un a a - - - - - - - - - - - l�z W 000rnCOt-V)=mom M co d z H m � r - CO • �O �o 0 W C*N d 0000000000 0 a 0000000000 O 1--I 0000000000 O U M -- - - - Ln z O o 0 0 Ln Un Un Un Ln 0 Ufl 00 H — - ——- r -- — —N M rn x + w � F F ax %,ot—COC,0 -NM=Ln C/)d d 0 N coco00m CN�C'%Q1Q,Q'� = x 0 F— a1��a",Q\���Q1CT" d z .. d — r- .- — — — r- — — .- W W z .. w a) >s C7 Ga G~ -4 d W 0 — --.:rUn "o t-- co m 0 — N m F F > 00COcoco00cc O"a,Q\Q, F z W C7 d¢ w� rnrnrnrna,rnrnrnrnrn o o>> —-———— — — r -r - F t17 d d EXHIBIT III C— -- NN ..NN N N 64 m 64 0*� Ql� cl� 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�° ^om w m v g # $ m $" I m m€^ m p ry er _ `�'i m �= mNm" .n i �= mr � = ,o—rcNn— ... v� o �n r _ism. rix i mir 2 7 Z: 'Z W, 'dam 1 Im m Y mm m�m m N Ft T p' N Q+ Lmll I Y T mmmmV' + I I � g� rbb b d I N W b Ny By 6 1 6 6 [+.� W Omm 16 6 LVn y b W pm Np UI 16 VI -m m T ! r N B I N N m I � I ' w N m o � mm 6 6 6 e 6 9 m O N yy r9 6 6 6 b e B B I 6 6 � rrvv 6 � i tl1 m Fe 6 ;z 1 6 � I I I m m m m m m m I I m I a = W 6 p a p m l N N 9 6 b G � D 6 \ 3 iEE;Q9i;=Eme;2:&t9i I 9 31 T _ ,;,==m,1 ;im2alQ�� ( 'f+2�;;mm;fm.2mmEEi ,�fm;(m2mB.32 1 �(�{ƒ�(ƒ'ƒ3»,,;,§ \ -loA, =m77;?& ;otJ■, .gym /(§» _ _ � - 3 ���_� !; ��m■�#� p ;■ate-��E e ■E�°= ■al ■ �)�!'))!■)�; - [ .2■ Ti 7 # i G� � ■£� ' §AP R ; } . ! j ) ; ■ ■ . - - ) a i. . ■ a ' �_ : m �_ lo I � = ■ �� � � ' - ■ a� Zi i Sm ; { / Tl C=...T--OF--S_1E a HfKOP_. 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