HomeMy WebLinkAbout12/17/1985 TENTATIVE AGENDA
ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 17, 1985
Mayor Reinke presiding
1] Roll Call at 8:00 P.M. - after the polls close
2] Recess for H.R.A. meeting
3] Reconvene
4] Liaison Reports from Councilmembers
5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
6] Approval of Consent Business - (All items listed with an asterick are considered
to be routine by the City Council and will be enacted by one motion. There
will be no separate discussion of these items unless a Councilmember so requests,
in which event the item will be removed from the consent agenda and considered
in its normal sequence on the agenda.)
7] Communications:
a] Association of Metropolitan Municipalities re: 1/9/86 General Meeting
b] (�(k` S
81 Public Hearings: None
91 Boards and Commissions:
Ad Hoc Downtown Committee:
a] TH 169/101 Bridge/Junction Improvement Task Force
Planning Commission:
b] Final Plat Approval of Prairie House 1st Addition, lying East of Valleyfair
101 Reports from Staff:
a] Awarding Invitations for Proposals for $255,000 G.O. Improvement Bonds,
Series 1986-A
b] Final Approval of $3,500,000 Industrial Development Bonds for Toro Company
c] Acquisition of Certain Property by Proceeding in Eminent Domain - 12/10 item 4
d] Small Cities Development Grant - memo on table
e] Hiring of Planning Consultant for the Racetrack Study
#f] Dental Insurance Bids
#g] Workmens•Compensation Insurance ,
#h] Mileage Reimbursement
#i] Minnesota Valley Trail Clean-Up
#j] Ordering Preparation of Plans & Specs for the Holmes Street Laterals
#k] Order Negotiations of Contract with Orr-Schelen-Mayerson for Holmes St- Laterals
1] Approval of 1986 Pool Table Licenses
m] Approval of 1986 Taxicab Licenses - memo on table
n] Summary on Shakopee Brochure - bring item 10b from 11/19 agenda
o] Fourth Avenue East Traffic Control - bring item 10g from 11/19 agenda
p] City of Shakopee and Mn. Dep't. of Transportation Agreement for TH 101 and
Bridge Replacement Improvements - bring item lOp from 11/19 agenda
q] Traffic Control on Apgar Street - bring item 10w from 11/19 agenda
TENTATIVE AGENDA
December 17, 1985
Page -2-
10] Reports from Staff continued:
r r] Equipment Yard Screening - bring item 10f from 11/19 agenda
#s] Vacation Carry Over for Jeanette Shaner
t t] Approve Payment of Bills in Amount of $816,034.56
*u] Joint Powers Agreement Establishing a Watershed Commission for the Sand Creek
Watershed
y v] Recommending a Consultant for the Management Study and Costing of Services
Study
t w] Local #320 Public Works Contract for 1985-86
#x] Contract for Electrical Inspection Services
111 Resolutions and Ordinances:
*a] Res. No. CC-435 - Denying An Application for Conditional Use Permit By Peter
Shutrop to Conduct A Home Occupation of the Sale of Firewood
r b] Ord. No. 185 - Recreational Vehicle Park Regulations
+c] Res. No. 2489, Appreciation to Diane Beuch -
-+d] Res. No. 2492, Adopting 1986 Pay Plan
*e] Res. No. 2490, Amending 1985 Budget
#f] Res. No. 2479, 1986 Fee Schedule
#g] Res. No. 2491, Authorizing Transit Service Contract with MnDOT
h] Ord. No. 184, Imposing A Moratorium - tabled 11/6/85
121 Other Business:
a] Appoint Acting Administrator for Dec. 21st through Dec. 26th, 1985
b] Eaglewood Additions Street Reconstruction 85-2 - Special Assessments
c]
d]
131 Adjourn to Wednesday, December 18th, 1985 at 7:30 P.M.
John K. Anderson
City Administrator
1 L
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non Agenda Informational Items
DATE: December 13 , 1985
i. The City Hall staff will be having their Christmas potluck
luncheon at City Hall on December 18th for City Hall employees .
2 . The Metropolitan Waste Control Commission is in the final
approval stage of approving the procedures for sale of
the Scottland property. This long sought after goal of
the City' s could become a reality this spring.
3 . The City is having trouble with NSP regarding the moving
of their power poles along 4th Avenue. The City has requested
that they move their poles farther away from the right-of-way
at their expense. This position has been supported by
the Assistant City Attorney who had has staff do some background
work on the question. At this point we are asking Mr. Krass
to write a letter to NSP putting them on notice that there
are safety factors involved in the City' s request that
they move their poles. Should Rod' s letter fail, I will
contact Council regarding more concrete action to be taken
by the City Attorney to resolve this problem.
4 . Attached is a memo from Judy Cox regarding openings on
the Boards and Commissions.
5. Attached is a memo from the League of Minnesota Cities
regarding vacancies on the League Insurance Trust Board.
6. Attached is a letter from Jane H. Keyes from the School
District regarding our transit contractor operating the
Dial-a-Ride. Barry Stock has already met with the contractor
regarding the suggestions in the letter.
7 . Attached is an opinion from Jack Coller regarding our insurance
liability on the volunteer firemen' s cars.
8 . Attached is the Community Services financial worksheet
handed out at a joint meeting with Louisville and Jackson
Township on December 11th. Nancy Christensen chaired the
meeting and both she and George Muenchow did a good job
laying the ground work for Dean Colligan' s presentation.
Dean did a superb job in laying out the facts in the financial
worksheet and we actually may see some movement on the
part of the townships to begin paying "their fair share" .
9. We have received a notice from the Minnesota Public Utilities
commission regarding a rate change by Northwestern Bell
Telephone Company. The Suburan Rate Authority is filing
a brief on behalf of cities in this case.
10 . �`%ttactied is a letter to Gecrge Muenchow regarding the completion
of a four year effort of the City to obtain control of
the islands in O' Dowd Lake.
11V Attached is a notice to the Mayor from the Minnesota Department
of Energy and Economic Development indicating their approval
of the Toro Company industrial development bonds.
12e Attached is a memorandum from Barry Stock providing a status
report on the transit feasiblity study the City entered
into with Chanhassen, Eden Prairie and Chaska. Note Barry
indicated that our Dial-a-Ride ridership reached 120 people
and 110 on two days last week with an average ridership
of 85 people.
13e Attached is the final settlement regarding the lawsuit
between Rahr Malting and Scott County over Rahr Malting' s
tax classification. If you have any questions please contact
me.
144 oAttached is the building activity report for the month
ending November 30 , 1985.
i5. Attached is the agenda for the December 18 , 1985 Downtown
Ad Hoc Committee.
16 . Attached is the agenda for the December 19, 1985 Energy
and Transportation Committee meeting.
17. Attached are the minutes of the October 16 , 1985 Suburban
Rate Authority meeting.
18 . Attached are the minutes of the November 13 , 1985 Industrial
Commercial Commission.
19 . Attached are the minutes of the December 5 , 1985 Shakopee
Coalition.
20. Attached are the minutes of the November 27, 1985 Downtown
Ad Hoc Committee.
21 . Attached are the minutes of the November 21, 1985 Energy
and Transportation Committee.
22. Attached are the minutes of the December 4, 1985 Industrial
Commercial Commission.
23 . Attached are the minutes of the 9/30/85 , 10/1/85 , 10/21/85 ,
11/4/85 and 11/18/85 Shakopee Public Utilities Commission.
24 . Enclosed is the Springsted Inc . recommendation for the
issuance of $660 , 000 General Obligation Tax Increment Bonds ,
Series 1985A report for your information.
25 . We had a note in the Suspense File to check electrical
demand charges for baseball lighting after 1 year . Gregg
checked the report and the City paid no demand charges
for Tahpah Park baseball lighting. We will put this in
the file and check it again at the end of 1986 .
26 . Attached is the Revenue and Expenditure Report as of November
30 , 1985 .
JKA/jms
Memo To: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
Re: Openings on Boards and Commissions
DATE: December 13, 1985
As of today we have received no resumes from residents in serving on
a board or commission of the City of Shakopee.
Since this notice was placed in the paper both Planning Commissioners whose
terms are expiring have indicated that they would like to be reappointed: Dave
Czaja and Dave Pomerenke.
I
f
I
T 1
City seeking volunteers Y :
Due to expiring terms, there will be openings on various boards and Cor
commissions of the city of Shakopee beginning Feb.1,1986. ^
Any, resident.of.Shakopee,interested in serving on a board or com-
mission should submit a resume and indicate a board preference by Dec.,,
r r,
Reinke,City Hall. E First Ave ,Sh o e
rine nuer 9 t
ufi •: day,;.. hl
Beth h Fork r Moe
` d meeting da ;
. t-_I1analtt
Wednes. dustrial Cmmercial
....
3 Communications.Commission,;Monday,, Energy-'and Transportation •
Moe new ; ..
Commission,Thursday;Shakopee Community Services Board,Monday; writer a
and Housing Advisory and Appeals Board, as needed. For additional
information,ca11445-3650: ;
for Valley News
Free food distribution Saturday Beth Forkner Moe has joined the
hakopee Valle News staff writer.
S y as
The Scott-Carver Economic Council will be distributing USDA Com- Moe is from Fargo, N.D.,where_ e,
modity cheese,dry milk and corn meal on Saturday,Dec.7,in Scott and spent most of her childhood and teen
Carver counties from 9:30 to 11 a.m. The food will be distributed on a age years.
In May 1985; she graduated from
first come,first-serve basis. r
„;,.Eligibility to receivethe food will be based on income guidelines.For Concordia College in Moorhead with a
example: sh
Gross income for a family of four would be$19,702.50.For each �yriminminoirnWhile at Concordias major and an ,
additional family member,add$3,330 to annual income.,. g
Applications may be filled out at the site on the day of distribution. worked at both the college newspaper, -..
Bring verification of residency,such as a driver's license,utility bill,etc. The Concordian, and the college radio
The site for the food distribution in Shakopee will be Malkerson's station,KORD.
- Fargo-Moorhead.offers students a
Motors. _._
For more information,ca . chance to take classes at alt area
ll 448-2302 _
` ��yyy colleges. Through this Tri-College
�/'►7Y\A�A N.I1f?�I'� �1A}1/?� }11 M'R'7A�T/T T1/1/1 __ ..
1111 1111 .°�G�`'
league of minnesota cities -
December 4 , 1985
To: LMCIT member cities
From: Peter Tritz
Re: Vacancy - LMCIT Board of Trustees
PLEASE BRING THIS NOTICE TO THE CITY COUNCIL' S ATTENTION
There will be a vacancy on the League of Minnesota Cities
Insurance Trust Board of Trustees as of Jan. 1 , 1986 . This
vacancy arises because one of the current Board members chose
not to seek re-election and will therefor become ineligible when
his term expires at the end of this year. The present opening
is for the one year remaining in the current term; however, the
appointee would be eligible for reappointment.
Under the LMCIT bylaws , this position must be filled by an
elected city official . Elected officials interested in being
considered for this position should submit a letter of
application containing information on the applicant' s background
and experience and any other information which might be useful
to the Board in making its decision - e.g. , familiarity with the
LMCIT programs, views as to LMCIT' s proper role, etc. Letters
of support from the applicant' s own or other cities might also
be helpful .
The LMCIT Board consists of five members , four of whom are
appointed by the League' s Board of Directors. At least two
members must be elected officials, and at least one must also be
a member of the League Board of Directors.
Current members of the LMCIT Board are:
Sig Stene, Mayor, Lindstrom (Chairman)
Pat Bonniwell , Clerk-Administrator, Dassel (LMC Board Rep. )
Paul Holmlund, Finance Director, Brooklyn Center
John Clarke, City Council , Virginia (Retiring member)
Don Slater, Executive Director, LMC (ex officio member)
I B3 university avenue east, st. Paul, minnesota 551 01 [61 21227-5600
SHAKOPEE ELEMENTARY SCHOOLS
INDEPENDENT SCHOOL DISTRICT NO. 720 NOV 2
SHAKOPEE, MINNESOTA 55379
SCOTT COUNTY iTX QF SHAKOPEE
MS DONNA A HARMS MR RICHARD G. NORDSTROM . ASR. pQNALQ-L.-TARR -
Pearson kiemenlary School Central[temenlary Principal y Sweeney Elementary School
9v Mm SI So IV fast Ahh 1001 Adams St So
Im 445 4684 exl 788 lel 445 4884 exl 265 Tel 4454884 ext 330
November 21 , 1985
Mr. harry Stock
City of Shakopee Administrative Assistant
19 First Avenue East
Shakopee, MN 55379
Dear Mr. Stock::
I am writing to you concerning a problem that we had with
Dial--A-Ride on Monday, November 18, 1985. We have been using
D:i al-A--Ride for the past five weeks to transport between schools
students attending high potential classes. A parent volunteer ,
Barbara Cordes, has handled all of the transporation arrangements
with Di.al-A-Ri.de. We have been very pleased with the arrangements
and the service until there was a problem this past Monday.
I think i.t is important for you to know that until we used
Dial -A-Ride, parent volunteers had been transporting the students.
However , some parents were not comfortable with the very great
responsibility for the safety of students. Dial-A-Ride seemed a
safe: , reliable alternative .
Monday, Dial.-A-Ride transported eleven students to the First
National Funk: for a field trip. Dial-A-Ride was scheduled to picF;
them up at 3: 05. (This left sufficient time for the students to be
returned to Sweeney School to catch their buses by 3: 20. ) However ,
the driver did not reach the bank: until approximately : 11 .
Irnini diately upon reaching there he was issued a speeding ticket by
:r1 tli.ghway patrol man. This meant that he was not able to leave the
bank: until ^it or so. WFIe he got bark: to Sweeney the buses had
left and there was confusion by some students as to how they were
to get home, although the driver did volunteer to drive them. The
s>tl_I.dents were upset and the driver was upset.
I think: some of the confusion might have been avoided if the
driver had contacted one of the schools by radio and said he was
late, and asked for guidance. Some of the fourth graders needed
Help in deciding the best way ,to get home. It was a situation
that had not been anticipated so there were riot any contingency
plans on your part or our part.
AN EQUAL OPPORTUNITY EMPLOYER
I would like to make a few suggestions' We would like to continue
using Dial-A-Ride for the courses being offered in the winter and
early spring if parents and studentsand schools can be assured that:
I . Safety of the students is the primary concern;
2' If there is a lateness or discipline problem, one of the
public school secretaries will be contacted;
3. The driver can be relied upon to keep calm and to use
appropriate language when dealing with students.
A copy of this letter has been sent to parent f
students, school administrators and stiff , an
Cordially,
Jane H. Keyes
High Potential Coordinator
cJULIUS A. COLLER, II
JULIUS A.COLLER ATTOR EY AT I-k - 612-445-1244
1859-1940 2 1 1 W E S T FIRST /+V E N U E _ r)
SHAKOPEE, MINNESOTA +'
55329
Memo to: John K. Anderson, Shakopee City Administrator
From: Julius A. Coller, II, City Attorney
Date: December 9, 1985
Subject: Insurance liability on voluntary firemen' s cars
The question was presented to me - What coverage do individual firemen have
when they use their own personal automobiles to answer fire calls?
The law in Minnesota is that insurance follows the automobile. So,
individual firemen are protected under their individual policy when answering
calls as voluntary firemen, unless their own policy has exclusion clause
but this is not likely.
The City would also be protected if drawn into some dispute or litigation under
the terms of a non-owned automobile provision of the City's coverage.
s'
JAC/nh F
Draft 10/11/85
COMMUNITY SERVICES
FINANCIAL WORKSHEET
1985 Community Service Budget - Revenue
Revenue Amount o Pop. Per Capita
School Tax $38 , 855 290 13 ,266 $ 2 . 93
City Tax 38 , 855 290 10 ,970 3 . 54
User Fees & Other 56 , 595 42% N/A N/A
134 , 305* 1000
School Dist. 720 City/Township Total
Shakopee Tax Payer $2 . 93/capita + $3 . 54/capita = $ 6. 47/capita
Louisville " " " it + 0 = 2 . 93/capita
Jackson " " it + 0 = 2 . 93/capita
*Community Services Budget covers recreation and educational
programs and no facilities. Facilities are provided by the
school and City and they bear the maintenance costs.
Sources Attached: 1985 Community Services Budget
1985 Met Council Population Estimates
Northwestern Bell
W _ iA Regulatory Department
200 South 5th Street, Room 3A75
Ad , , Minneapolis,Minnesota 55402
�F 7 x
November 22, 1985
RE: Minnesota Public Utilities Commission
Docket Numbers P-421/M-85-647
P-442, P-421/C-85-202
In the Matter of a Proposed Filing by
Northwestern Bell Telephone Company to
Change its Schedule of Special Intrastate
Access Charges
Minnesota Counties and Municipalities Served by Northwestern Bell :
Enclosed and served upon you, in compliance with Item 6 of the
enclosed Order, are the the following:
1 . Rate Change Notice
2. Order Suspending Rates, Consolidating Dockets, and
Notice and Order for Hearing
Sincerely,
kzIt&J-k 7—
/L ,,'
ZeA
Keren Fisher
Supervisor-Regulatory
(612) 344-5680
Enclosures
cc: M. E. Hennen
RATE CHANGE NOTICE
BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION
Cynthia A. Kitlinski Chair
Leo G. Adams Commissioner
Harry Seymour Crump Commissioner
Roger Hanson Commissioner
Robert J. O'Keefe Commissioner
In the Matter of a Proposed Docket Nos .
Filing by Northwestern Bell P-421/M-85-647,
Telephone Company To Change Its P-442 ,
Schedule of Special Intrastate P-421/C-85-202
Access Charges
On September 6, 1985, the Minnesota Public Utilities
Commission (the Commission) received a filing from
Northwestern Bell Telephone Company (NWB or the Company)
which contained a proposed revision of its special
intrastate access tariff . Special access tariffs are the
charges for dedicated facilities that NWB provides to
primarily interexchange carriers. The interexchange
carrier uses special access facilities in conjunction with
furnishing end-to-end dedicated channels (private lines)
to their customers . Special access channels do not make
use of the local or toll switching network. Customers
using special access channels are primarily interexchange
carriers, such as AT&T, and these carriers ' customers for
private line services
Under NWB' s proposed tariff, NWB' s present special
access rate structure has been completely revised . The
proposed tariff mirrors the rate structure of NWB' s
present Federal Communications Commission (FCC) approved
interstate special access tariff. The rate levels of the
proposed filing do not mirror NWB' s interstate tariff, but
are market based rates derived from Minnesota specific
costs. The Company estimates that the revenue from the
proposed rates will be 14% higher than present special
access revenue.
A copy of the Company' s requested rates is on file and
is open to public inspection during normal business hours
at the offices of the Minnesota Department of Public
Service, 790 American Center Building, 160 East Kellogg
Boulevard, St. Paul, Minnesota . A copy is also available
for public inspection at the Company' s office located at
200 South Fifth Street, Minneapolis, Minnesota . Persons
wishing to inspect the Company' s requested rates at the
Company' s office other than Minneapolis, may make
arrangements to do so by contacting the Company at
612-344-6383 .
The Commission has ordered that a contested case
hearing on the petition be conducted by the Office of
Administrative Hearings, commencing with a PREHEARING
CONFERENCE at 9 :00 a .m. , on Monday. December 2, 1985,
before Administrative Law Judge Phyllis Reha, at the Large
Hearing Room 7th Floor , American Center Building, Kellogg
and Robert Streets , St . Paul , Minnesota .
The Prehearing Conference and contested case hearings
will be held in compliance with the applicable laws
relating to the Public Utilities Commission, the
Administrative Procedure Act (Minn. Stat . Ch. 14) , the
Rules of the Office of Administrative Hearings for
contested cases (Minn. Rules Ch. 1400) and the Rules of
Practice of the Public Utilities Commission (Minn. Rules
Ch. 7830) , to the extent that they have not been
superceded by the Rules of the Office of Administrative
Hearings .
Any person intending to intervene at; a formal party to
these hearings must submit a Petition for Leave to
intervene to the Administrative Law Judge and serve the
Petition on all existing parties . The petition must state
how the Petitioner ' s legal rights, duties or privileges
may be determined or affected by the Commission ' s decision
in the matter and shall set forth the grounds and purposes
for which intervention is sought and shall indicate the
Petitioner ' s statutory right to intervene, if one exists .
All parties have the right to be represented by legal
counsel , by a person of their choice or by themselves if
not otherwise prohibited as the unauthorized practice of
law.
A Notice of appearance must be filed( with the
Administrative Law Judge within 20 days of the date of
publication of this Notice if any party intends to appear
at the hearing. The Notice of Appearance is not required
if the hearing date is less than 20 days. from the date of
this Notice.
Potential intervenors shall attend the Prehearing
Conference scheduled above with information which will
facilitate the scheduling of hearings permitting all of
the parties to present their evidentiary views in a manner
and within a time frame which would be as fair and
expeditious as possible. Matters which may be discussed
include: the reasonable time period required to prepare
direct testimony for filing on all of the issues; the time
period for preparation of direct testimony by intervenors;
recommended areas for hearings to receive public input
2
regarding the petition, time required for parties to
prepare for depositions and other discovery; and other
matters that will facilitate full and fair hearings on the
Petition.
Persons wishing to participate in the Prehearing
Conference are encouraged to file with the Administrative
Law Judge and serve upon all known parties a Prehearing
Statement indicating the person' s or group' s
recommendations regarding the issues to be discussed at
the Prehearing conference. A list of the parties in this
proceeding may be obtained by contacting Administrative
Law Judge Phyllis Reha at 612-341-7611 .
If persons have good reason for requesting a delay of
any hearing, the request must be made in writing to the
Administrative Law Judge at least five days prior to the
hearing. A copy of the request must be served on the
Commission and all parties .
FOLLOWING THE CONTESTED HEARING, THE COMMISSION MAY
APPROVE ALL OR ANY PART OF THE PROPOSED RATE CHANGE. THE
COMMISSION MAY ADJUST RATES FOR CLASSES OF CUSTOMERS TO
LEVELS GREATER OR LESS THAN THOSE PROPOSED BY THE COMPANY
AND MAKE OTHER RATE ADJUSTMENTS BASED UPON THE TESTIMONY
OF OTHER PARTIES. IF NO PERSON CONTESTS THE PROPOSED RATE
CHANGE AT THE HEARING, THE RATES MAY BE APPROVED AS
PROPOSED.
Any questions concerning informal disposition of this
matter or discovery of information should be addressed to
Karl W. Sonneman, Special Assistant Attorney General , 780
American Center Building, St . Paul , Minnesota, 55101,
612-296-0401 .
All other questions concerning the Prehearing
Conference or contested case hearings should be addressed
to:
Phyllis Reha , Administrative Law Judge
Office of Administrative Hearings
Fourth Floor , Summit Bank Building
310 South Fourth Avenue
Minneapolis , MN 55415
612-341-7611
NORTHWESTERN BELL TELEPHONE COMPANY
3
BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION
Cynthia A. Kitlinski Chair
Leo G. Adams Commissioner
Harry Seymour Crump Commissioner
Terry Hoffman Commissioner
Robert J. O'Keefe Commissioner
In the Matter of a Proposed DOCKET NOS. P-421/M-85-647
Filing by Northwestern Bell P-442, P-421/C-85-202
Telephone Company To Change Its
Schedule of Special Intrastate ORDER SUSPENDING RATES,
Access Charges CONSOLIDATING DOCKETS, AND
NOTICE AND ORDER FOR HEARING
BACKGROUND
On September 6, 1985, the Minnesota Public Utilities Commission (the
Commission) received a filing from Northwestern Bell Telephone Company (NWB or
the Company) which contained a proposed revision of its intrastate special
access tariff. Special access tariffs are the charges for dedicated
facilities that NWB provides to interexchange carriers. The interexchange
carrier uses special access facilities in conjunction with furnishing
end-to-end dedicated channels to their customers. Special access channels do
not make use of the local or toll switching network.
Under NWB's proposed tariff, NWB's present special access rate
structure has been completely revised. The proposed tariff mirrors the rate
structure of NWB's present Federal Communications Commission (FCC) approved
interstate special access tariff. The rate levels of the proposed filing do
not mirror NWB's interstate tariff, but are market based rates derived from
Minnesota specific costs. These market based rates are 14% higher than NWB's
current intrastate special access rates.
In response to NWB's filing, the Commission solicited comments from
potential parties interested in the filing about the appropriate procedure to
review NWB's special access filing. NWB, the Minnesota Department of Public
Service (the DPS) , the Attorney General's Office - Residential Utilities
Division (the RUD-AG) and AT&T Communications of the Midwest (AT&T/MW) filed
comments.
NWB recommended that the filing be considered as a miscellaneous
filing and reviewed without a formal hearing. The DPS and the RUD-AG both
recommended that the matter be consolidated with NWB's switched access
proceeding in Docket No. P-421/CI-85-352. Both the DPS and the RUD-AG
erroneously argued that the switched access proceeding is not operating under
the ten month statutory rule (Minn. Stat. § 237.075) and, therefore, an
additional round of hearings could easily be scheduled.
Prior to NWB's special access filing, AT&T/MW filed a complaint
against present NWB's special access charges. AT&T/MW's complaint was
assigned Docket No. P-442, 421/C-85-202. In its comments before the
Commission on NWB's proposed special access tariff;, AT&T/MW recommended that
the Commission should hold..a hearing on AT&T/MW's complaint before holding a
contested case hearing on NWB's proposed filing. AT&T/MW argued that a
resolution in the complaint docket may make NWB's proposed filing moot.
COMMISSION FINDINGS AND CONCLUSIONS
The Commission finds that NWB's special access filing is a proposed
rate change. Since the filing is complete and will permit an investigation
upon it to proceed, the Commission will accept the filing as a rate change
under Minn. Stat. $ 237.075.
The Commission will also initiate a contested case proceeding and set
the matter for hearing, under Minn. Stat. S 237.015. This filing will also be
subject to the 10 month statutory deadline. NWB's filing proposes significant
changes in rate levels and design. NWB's filing would raise special access
rates by 14%. This amounts to an increase in NWB';; net revenues of
approximately $800,000. Given the significance of the changes proposed by
NWB, it is in the public interest to initiate a contested case hearing on
NWB's special access filing.
The Commission will initiate a separate contested case hearing to
review NWB's special access filing rather than consolidate the matter with the
present switched access Docket No. P-421/CI-85-352. The Commission finds that
it cannot consolidate NWB's. special access filing .into Docket No.
P-421/CI-85-352 because of the need to complete that docket within the ten
month statutory deadline which ends in February 1986 . That Docket No.
P-421/CI-85-352 is subject to the ten month statutory deadline was made clear
to parties in the switched access case during the prehearing conference.
The Commission, however, is concerned about the interrelationship
between the special access case and NWB's switched access filing, because NWB
has included projected revenues from special access in its determination of
projected revenues from access charges in the switched access case.
Therefore, the Commission will put parties on notice that it will take
official notice of its switched access findings and conclusions in Docket No.
P-421/CI-85-352 at the time it resolves the special access docket and will
take such steps as are permitted and necessary to reconcile the resulting
approved rates.
The Commission will also consolidate AT&T/MW's complaint into the
contested case proceeding it will initiate to review NWB's special access
filing. The Commission finds that it is more effective to review NWB's
special access filing rather than to narrowly focus; on AT&T/MW's complaint
which may be only one of many issues that may be contained in NWB's filing.
The Commission will suspend NWB's proposed special access tariff as
filed on September 6, 1985 for the duration of the contested case proceeding.
The Commission is suspending the filing because it finds that the rate change
and rate structure proposals are of such significance as to surely generate
dispute among interested parties as already demonstrated by AT&T/MW's
2 -
complaint and that it is in the public interest to suspend the proposed rates
until an investigation can be completed.
The Commission will not set any interim rates in this filing. the
Commission finds that interim rates would be inappropriate and unwarranted at
this time. Minn. Stat. S 237.075, subd. 3, provides that normally there shall
be no change in existing rate design. Here, the filing is primarily to change
the existing rate design. Although there is a. significant increase in
. revenues, VWB has not presented evidence warranting a general increase in
revenues apart from the rate design changes. The soundest course of action
and one that is entirely consistent with the statute is to maintain the
exiting rates, and thus rate design, pending final decision on the proposed
-filing. It would be inappropriate to place into effect at this time the
proposed rate changes since the reasonableness of the proposed rates and rate
structure will be an issue in the formal hearing.
PROCEDURAL OUTLINE
The public and evidentiary hearings on the Company's petition will be
conducted by an Administrative Law Judge appointed by the Chief Administrative
Law Judge of the State of Minnesota and will be held in compliance with the
applicable laws relating to the Public Utilities Commission, the contested
case provision of the Administrative Procedure Act (Minn. Stat. Ch. 14) , the
Rules of the Office of Administrative Hearings, Minnesota Rules, parts
1400.5100 - 1400.8400, and the Rules of Practice of the Public Utilities
Commission, Minnesota Rules, parts 7830.0100 - 7830.4400, to the extent that
they have not been superseded by the Rules of the Office of Administrative
Hearings.
These rules may be purchased from the Documents Section of the
Department of Administration, 117 University Avenue, St. Paul, Minnesota
55155, 612/297-3000. Recent amendments to the Office of Administrative
Hearings rules may be found in the April 13, 1985, State Register.
The rules provide generally for the procedural rights of the parties
including: rights to advance notice of witnesses and evidence, right to a
prehearing conference, rights to present evidence and cross examine witnesses,
and rights to purchase a record or transcript. Parties are entitled to
issuance of subpoenas to compel witnesses to attend and produce documents and
other evidence pursuant to Minnesota Rules, part 1400.7000.
Interested persons or groups may petition to intervene as formal
parties in the case to present expert testimony and submit briefs. The
Administrative Law Judge will hold evidentiary hearings for the presentation
of expert testimony by the Company, the Minnesota Department of Public
Service, and other agencies, persons, or groups who have formally intervened.
Parties are advised to bring to the hearing all documents, records, and
witnesses they need to support their position. During the evidentiary
hearings, all parties may present evidence and argument regarding the issues
and may cross-examine witnesses.
Any person intending to intervene as a formal party to these hearings
must submit a Petition for Leave to Intervene to the Administrative Law Judge
- 3 -
and serve the petition on all existing parties. The petition must state how
the Petitioner's legal rights, duties or privileges may be determined or
affected by the Commission's decision in the matter and shall set forth the
grounds and purposes for which intervention is sought, and shall indicate the
Petitioner's statutory right to intervene, if one exists. All parties have
the right to be represented by an attorney, by themselves, or by a person of
their choice if not otherwise prohibited as the unauthorized practice of law.
A Notice of Appearance (Attachment A) must. be filed with the
Administrative Law Judge within 20 days of the date: of service of this Order
if any party intends to appear at the hearing. The: Notice of Appearance is
not required if the hearing date is less than 20 days from the issuance of
this Order.
Potential intervenors shall attend the pre:hearing conference (to be
scheduled) with information which will facilitate the scheduling of hearings
permitting all of the parties to present their evidentiary views in a manner
and within a time frame which would be as fair and expeditious as possible.
Hatters which may be discussed include: the reasonable time period required
to prepare direct testimony for filing on all issuers; recommended areas for
hearings to receive public input regarding the petition; time required for
parties to prepare for depositions and other discovery; and other matters that
will facilitate full and fair hearings on the petition.
If persons have good reason for requesting a delay of any hearing,
the request must be made in writing to the Administrative Law Judge at least
five days prior to the hearing. A copy of the request must be served on the
Commission and all parties.
Failure to appear at the hearing may result in the issues set out
herein being deemed proven. A possible result is that the rates and rate
design proposed by NWB may be accepted, modified or rejected by the
Commission. Further, a failure to appear by complainant AT&T/MW may result in
its complaint being denied.
Following the contested hearing, the Commission may approve all or
any part of the proposed rate changes. However, the Commission may adjust
rates for classes of customers to levels greater than those proposed by the
Company and make other rate adjustments based upon the testimony of other
parties. If no person contests the proposed rate increase at the hearing, the
rates may be approved as proposed.
Any question concerning informal disposition of this matter pursuant
to Minnesota Rules, part 1400.5900 or discovery of information pursuant to
Minnesota Rules, parts 1400.6700 and 1400.6800, should be addressed to Karl W.
Sonneman, Special Assistant Attorney General, 780 American Center Building,
St. Paul, Minnesota 55101, 612/296-0410.
Parties are advised that if not public data is admitted into evidence
it may become public data unless a party objects and asks for relief under
Minn. Stat. $ 14.60, subd. 2 (1984) .
All other questions concerning this hearing; should be addressed to
the Administrative Law Judge assigned:
4 -
Phyllis Reha
Office of Administrative Hearings
400 Summit Bank Building
310 South 4th Avenue
Minneapolis, Minnesota 55415
612/341-7611
The lobbying provisions of Minn. Stat. Chapter l0A apply to general
rate cases. If the document that a person files pertains to ratemaking,
rulemaking, certificates of need for large energy facilities or contested case
rate proceedings, the person may be required to register with the Minnesota
Ethical Practices Board under the lobbying provisions of Minn. Stat. Ch. 10A.
Lobbying includes attempting to influence administrative action in rulemaking
proceedings, certificate of need cases or contested ratemaking cases. An
individual who is engaged for pay or authorized by another individual or
association to spend money and who spends more than five hours in any month or
more than $250 in a year to influence administrative action must register with
the Board and report disbursements for lobbying purposes, including
preparation and distribution of lobbying materials, telephone, postage, media
advertising, travel, and lodging. The statute provides certain exemptions,
including an exception applicable to expert witnesses delivering testimony.
Persons are encouraged to telephone the Board at 612/296-1720 for additional
information.
ORDER
1. Northwestern Bell Telephone Company's September 6, 1985 proposed
intrastate special access charge filing is hereby accepted. As
authorized by Minn. Stat. S 237.075, subd. 2 (1984) , the Commission
hereby suspends the special access rates proposed by the Company in its
September 6, 1985 filing. These rates shall not go into effect as
proposed by the Company.
2. A contested case hearing under Minn. Stat. S 237.075, subd. 2 (1984)
concerning this matter shall be commenced with a prehearing conference to
be scheduled by the Administrative Law Judge assigned to this matter.
3. Docket No. P-442, P-421/C-85-202 shall be consolidated into the contested
case hearing described in ordering paragraph (2) above and shall be
considered as a part of this matter.
4. The Company shall facilitate in every reasonable way the investigation of
the Department of Public Service and the Minnesota Attorney General's
Office, Residential Utilities Division. All parties shall furnish
adequate responses within 10 days to all reasonable information requests
from other parties.
5. The Company shall provide the assigned Administrative Law Judge a
complete copy of all tariffs and documentation previously filed with the
Commission regarding the matter that is the subject of the contested case
proceeding herein initiated.
5 -
6 . This Order shall be served on the Company whe shall mail copies of the
same to all municipalities and counties in its service area and to such
other persons as the Department of Public Service may request. The
Company shall give written notice as approved, by the Commisson of the
proposed change in rates to the governing body of each municipality and
county in the area affected and shall submit an affidavit of such service
to the Commission within 30 days of the service date of this Order.
7. The Company shall submit to the Commission for its approval, proposed
notices of the proposed rate change, preheari.ng conference, evidentiary
hearings and public hearings. One proposed notice shall be for
individual customer notification as a bill staffer and shall give a
summary of the proposed tariff and list the dates of the evidentiary and
public hearings. This shall be sent to all present customers of special
access service. A second proposed notice shall be in the form of
newspaper display ads, to be published at least 10 days prior to the
dates of the prehearing conference, evidentiary and public hearings
commencement in newspapers of general circulation in towns within the
Company's service territory. The headline on, the display ad, RATE CHANGE
NOTICE, must be set in 30 point, or larger, bold face type.
8. The Commission authorizes the Executive Secretary of the Minnesota Public
Utilities Commission to enter Orders on behalf of the Commission varying
time requirements for the filing of pleadings and other documents and
determining the conduct of this proceeding before the Commission
according to the standards set forth in Minnesota Rules, part 7830.4400.
Any party adversely affected by any Order issued by the Executive
Secretary varying such filing requirements or regarding other matters may
file a motion to reconsider, vacate or modify the Order within ten days
after its entry or one day prior to the filing deadline or occurrence of
an act directed by the Order. Any motion for reconsideration, vacation
or modification shall be heard by the Minnesota Public Utilities
Commission.
9. This Order shall become effective immediately.
BY ORDER OF THE COMMISSION
Mary Ellen Hennen
Executive Secretary
SERVICE DATE: 985
( S E A L )
MEH:KS:sj
(0251E)
6 _
BEFORE THE MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS
400 Summit Bank Building
310 South Fourth Avenue
Minneapolis, Minnesota 55415
FOR THE MINNESOTA PUBLIC UTILITIES COMMISSION
780 American Center Building
160 East Kellogg Boulevard
St. Paul , Minnesota 55101
In the Matter of a Proposed MPUC Docket No. P-421/M-85-647
Filing by Northwestern Bell P-442, 421/C-85-202
Telephone Company To Change Its OAH Docket No.
Schedule of Special Intrastate
Access Charges NOTICE OF APPEARANCE
Date of Hearing:
Name and Telephone Number of Administrative Law Judge:
Phyllis Reha
612/341-7611
TO THE ADMINISTRATIVE LAW JUDGE:
You are advised that the party named below will appear at the above
hearing.
NAME OF PARTY:
ADDRESS:
PARTY'S ATTORNEY OR OTHER REPRESENTATIVE:
OFFICE ADDRESS:
TELEPHONE NUMBER:
SIGNATURE OF PARTY OR ATTORNEY:
DATE:
iN RE-PLN REFER TO:
<�? Or r
MDO:PF
United States Department of thenterlor
2740
ES-28402
BUREAU OF LAND NIANAGE�tENT
..'. `�
MILWAUKEE DISTRICT OFFICE
P.O.BOX 631 ho
MILWAUKEE,WISCONSIN 53201-0631
Mr. George Muenchou
City of Shakopee
Shakopee Parks and Recreation Department
129 East First Street
Shakopee, Minnesota 55379
Dear Mr. Muenchou:
Congratulations! We are very pleased to present to the City of Shakopee,
Minnesota, the enclosed Recreation and Public Purposes Patent Number 61-86-0014 for
five islands in O'Dowd Lake (aggregating 7.10 acres).
It is good to know that these islands will be used by the public for recreational
purposes in the midst of O'Dowd Lake Park. We wish you every success with them and
in your ventures with the City's Parks and Recreational Programs.
Should you have any questions or if we can be of any further assistance in
acquiring additional public lands, feel free to contact our office.
Sincerely,
2 .
Chuck Steele
District Manager
Enclosures
MINNESOTA
; event of Energy u c
aid Eeonoieeeoe
Financial Management Division 900 American Center
Energy Finance (612) 297-1332 150 East Kellogg Boulevard
Business Finance (612) 297-3547 St. Paul, Minnesota 55101
November 19, 1985
The Honorable Eldon A. Reinke State File No. M-2387
Mayor, City of Shakopee
129 E. 1st Avenue
Shakopee, Minnesota 55379
RE: $3 ,500,000 .00 INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE CITY
OF SHAKOPEE, MINNESOTA (THE TORO COMPANY SHAKOPEE PLANT
PROJECT)
Dear Mayor Reinke:
The Minnesota Department of Energy and Economic Development has
examined the application and exhibits submitted by you relating to the
proposal to offer revenue bonds as authorized by the Municipal
Industrial Development Act, M. S. Chapter 474.
Based upon the information you submitted , approval of the project is
hereby granted by the Commissioner of Energy and Economic Development .
Such approval shall not be deemed to be an approval by the Commissioner
or the State of Minnesota regarding the feasibility of the project or
the terms of the revenue agreement to be executed or the bonds to be
issued therefore, nor whether the project falls within regulations of
Federal Law.
This approval does not in any way constitute an approval of an
allocation in excess of an entitlement award pursuant to Minn. Laws
1984, ch. 582. Accordingly, it may be necessary for the issuer to seek
an allocation under Minn. Laws 1984 ch. 582.
Included with this letter is a Project Closing/Notice of Issue report
which must be completed and returned to this Department within five (5)
days after the obligations are issued . Failure to file this report
within the five day period will void the obligations if the obligations
are subject to a federal limitation act .
Also included with this letter is an Employment Report which must be
returned to this Department annually by July 1, of each year through
1987.
AN EQUAL OPPORTUNITY EMPLOYER
�n
LETTER TO MAYOR REINRE
NOVEMBER 19, 1985
Your cooperation in the timely submission of these reports will be
sincerely appreciated . If you have any questions about your project
approval , or the reports , please call 612/297-4398.
Sincerely,
Edward J. Meyer, Jr.
Deputy Commissioner
Department of Energy and
Economic Development
EJM:dc
Enclosures
cc: David P. Swanson, Doherty, Rumble & Butler (bond counsel) St.
Paul , MN
-2-
/0�
ivIEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Transit Coordinator
RE: Transit Feasibility Study Final Report ( Informational)
DATE: December 12 , 1985
introduction and Background
This past January the Energy and Transportation Committee recommended
to City Councii that the City of Shakopee become a participant
in a transit feasibility study that was going to be conducted
for the cities of Chaska, Chanhassen and Eden Prairie (Council
concurred 1/3/85 ) . The primary objective of the study from
Shakopee' s viewpoint was to identify more effective ways of
providing transit for Shakopee residents . Shakopee ' s financial
involvement in the study was not to exceed $7 , 500 . 00 . I was
recently informed by our project manager (Mr. Ray Olson) that
Chaska has agreed to waive Shakopee ' s financial commitment to
the study.
Last month staff reported to the Energy and Transportation Committee
the results of the transit feasibility study that was conducted
by the consulting firm of Bennett, Ringrose, Wolsfeld, Jarvis ,
Gardner, Inc. (BRW) . The consultant is recommending that Shakopee ' s
existing transit system remain as is with the following three
exceptions: 1 ) Expansion of the dial-a-ride service area to
Eden Prairie Center; 2 ) Scale down the dial-a-ride vehicles
to more efficient units ; and 3 ) Change the name of the system
to coincide with whatever name is selected for the larger system.
Expanding the dial-a-ride service area would allow Shakopee
residents who work in Eden Prairie, Chaska or Chanhassen to
get to their worksite via the dial-a-ride and transfer at Eden
Prairie Center. Moreover, Minneapolis occasional or regular
riders could also use the dial-a-ride transfer system in Eden
Prairie. This would allow us at some point in time to perhaps
solve the problem we have when both the regular and backup driver
take the same day off . Currently when this occurs riders are
forced to carpool. Under the dial-a-ride transfer plan, another
option would be available for these riders.
In order for such a system to work, all trips to and from Eden
Prairie Center would have to be done on a one day advance reservation
basis. Additionally, dial-a-ride service to Eden Prairie would
be limited to peak a.m. , midday and peak p.m. service.
The adoption of one common name for the overall system would
provide for more regional exposure and identification of the
transit services available in our area. We would also have
to develop some type of transfer reciprocity agreement with
the Chaska, Chanhassen, Eden Prairie system.
1 z--
At our last meeting the Committee members in attendance felt
-.'Rat it would be -piematuie to ia'ke awy reoo=,L,enda-.ior,,s tcCo Ci4vy
Council until we knew the other communities reaction to the
BRW proposal. At this time I would like to report that the
communities of Chaska, Chanhassen, and Eden Prairie have approved
BRW' s plan. These communities are now interested in knowing
whether Shakopee is interested in approving the report and recom-
mendations proposed by BRW in regard to Shakopee ' s involvement.
I should point out that approval of the consultant' s recommendations
in regard to the Shakopee system would not construe any increases
in the existing transit mill levy for our community. The service
levels being proposed in Chaska, Chanhassen and Eden Prairie
would mean a . 25 transit mill levy increase for those communities.
On December 19, 1985 the Energy and Transportation Committee
will be considering approval of BRW' s recommendations and a
subsequent recommendation to City Council. If you have questions
or concerns in regard to BRW' s recommendations please contact
me prior to December 19 , 1985 .
BAS/jms
13
STATE OF MINNESOTA _ TAX COURT
COUNTY OF SCOTT ; " 'FIRST JLDICIAL DISTRICT
-------------------------------------------------------------------------------
Rahr Malting Company, ) Court File No. 84-05153 and
Court File No. 85-05169
Petitioner, )
STIPULATION OF FINAL SETTLEMENT,
V. ) ORDER FOR JUDGMENT A_ND JUDGMENT
AND DECREE
County of Scott, )
Respondent. )
----------------------------------------------------------------------
STIPULATION OF FINAL SETTLE.MEN''
PETITIONER AND RESPOti'DENT HEREBY STIPULATE AND AGREE AS FOLLOWS:
1. The proceedings referred to in the caption hereof (the "Proceedings")
are actions to determine the extent to which certain property owned
by Petitioner, located in the City of Shakopee, County of Scott and
identified by property identification number 27-001115-0 (the
"Property") , is exempt from real estate taxation.
2. In full and final settlement of each and every claim involved in the
Proceedings, and in consideration of such settlerient, Petitioner and
Respondent hereby stipulate and agree that:
(a) The fair market value of the Property as of January 2, 1984 for
1
purposes of real estate taxes payable during 1985 is hereby
reduced to, and agreed to be, $11,166,100.
(b) The total amount of real estate taxes payable during 1985 with
respect to the Property (exclusive of special assessments and
interestthereon) is hereby reduced to, and agreed to be, i
$574,414, of which Petitioner has heretofore timely paid
$370,543.68, receipt of which is hereby acknowledged by Respondent.
i
i
(c) The balance of real estate taxes due during 1985 with respect
to the Property (exclusive of special assessments and interest
thereon) is $203,870.32, which is due and payable on or before
October 15, 1985.
(d) The fair market value of the Proverty as of _January 2. 298-5 -for f_
purposes of real estate taxes payable during 1986 is hereby
agreed to be $11,166,100.
(e) The fair market value of the Property as of January 2, 1986 for
purposes of real estate taxes payable during 1987 is hereby
agreed to be $11,166,100.
(f) The fair market value of the Property as of January 2, 1987 for
purposes of real estate taxes parable during 1988 is hereby
i
agreed to be $14,400,000.
3. Petitioner and Respondent hereby agree and stipulate that judgment,
in accordance with all terms of this Stipulation of Final Settle-
ment, be entered forthwith without costs, penalties, or attorneys
fees against either party. /
Z��16c AILs � �----
t+illiam R. Busch, Jr. Tr_ �� Kathleen Morris
co County Attorney_
Attornev for Petitioner
�IZ2300 Multifoods Tower /
33 South Sixth Street � l� '��e//
Minneapolis, � 55402 Ann McCabe
Tel: (612) 371-5300 Assistant Scott County Attorney j
Date: 2 L 1985. Scott County Courthouse
Shakopee, MIN 55379 i
Tel: (612) 445-7750
4 �
Phillip R. Kra§s, Atty IDS% 58051 Date: 1985.
Attorney for City of Shakopee
P.O. Box 216
Shakopee, M 55379 (612) 445-5080
I
Date: 1985. I
2
I
(I
ORDER
On the basis of the foregoing Stipulation of Final Settlement, which is
hereby approved by the Court, IT IS HEREBY ORDERED that the fair market value
of the Property as of January 2 of each of the years 1984, 1985, 1986 and 1987
be fixed as specified in said Stipulation of Final Settlement, that the total
amount and balance due of real estate taxes payable during 1985 with respect
to the Property (exclusive of special assessments and interest thereon) be
fixed as specified in said Stipulation of Final Settlement and that judgment
be entered in accordance with all terms of said Stipulation of Final Settle-
ment, without costs, penalties or attorneys fees against either party. LET
JUDGMENT BE E.'TERED ACCORDINGLY, FORTH;ITH.
Da t e BY THE COURT:
0,%.%DU
JUDGE OF TAS COURT
JUDGEMENT AAD DECREE
The undersigned hereby certifies that the foregoing Order constitutes the
Judgment and Decree herein.
BY THE COURT:
TAX COURT AD`;ItiISTRATOR
Deputy
3
/y
CITY OF SHAKOPEE
BUILDING ACTIVITY REPORT NOVEMBER, 1985
PERMITS ISSUED
Yr. to Date Previous Year
6923 - 6947 Number Number Valuation Number Valuation
Mo. Ytd .
Single Fam-Sewered 1 30 2 ,132 ,947 1 30 1 ,861 ,100
Single Fam-Septic - 18 1 ,343 ,944 2 12 1 , 337 ,941
Multiple Dwellings 1 14 1 ,770 , 100 - 12 1 ,204,500
(No.Units ) (YTD Units ) ( 2) (42 ) ( 32 )
Dwelling Additions 1 41 190 ,088 5 56 385 ,998
Other - 11 141 ,722 8 19 17 ,351 , 349
Comm New Bldgs - 7 3 ,123 , 341 2 10 1 ,780,875
Comm Bldg Addns 2 15 9 ,962 ,510 - -
Industrial-Sewered - _
5 ,475 . . -_
Ind-Sewered Addns 1
Industrial-Septic - -
Ind-Septic Addns - - 1 1 195 ,000
Accessory/Garages 2 42. 273 ,976 1 46 378 ,438
Signs & Fences 3 66 66 ,484 8 46 46 , 751
Fireplaces/Wood Stove 1 14 30,130 2 9 21 ,530
Grading Foundation 3 15 207 ,500 1 11 2 ,647 ,000
Remodeling (Res ) 2 32 102 ,109 3 39 145 ,292
Remodeling (Inst) - 1 1 ,093 ,000 1 6 , 345 ,000
Remodeling (Comm or 7 39 2 ,104,608 3 44 720 ,009
Ind)
TOTAL TAXABLE .24 373 21 ,454,934 37 355 285075 , 783
TOTAL INSTITUTIONAL - 1 1 ,093 ,000 - 1 6 , 345 ,000
GRAND TOTAL 24 374 22 ,547 ,934 37 356 34,420 , 783
No. Ytd. No. Ytd.
Variances - 14 1 7
Conditional Use 2 34 4 19
Re-Zoning - 5 _ 1
Moving - 6
Electric Permits 23 . 255 25 256
Plbg. & Htg. Permits 26 244 15 264
Razing Permits _ 1
Residential - 1
Commercial - -
Total dwelling units in City after completion of all construction permitted
todate. . . . . . . . . . . . . . . . . 2
Cora Hullander
Bldg. Dept. Secretary
CITY OF SHAKOPEE
BUILDING PERMITS ISSUED IN NOVEMBER, 1985
6923 Mike Kreuser 545 E. 4th Alt . $ 3 ,200
6924 Laurent Bldrs . 1264 Tyler House 60 ,000
?z 7�
6925 Western Const . 921 E. 3rd Garage 63000
6926 Scott Bldrs . 5200 Valley Ind. B. Grading 17 ,000
6927 D & L Siding 120 E. 4th Garage 7 ,000
6928 Determan Welding 4401 Valley Ind. B. Alt . 100,000
6929 Scott Bldrs . 1147 Co. Rd. 83 Grading 10,000
6930 Christy Const . 327 E. 2nd Alt . 3 ,600
6931 CertainTeed 3303 E. 4th Alt . 100,000
6932 Joe Topic 206 S . Lewis Alt . 223680
6933 G .F. Juergens 287 Marschall Rd. Alt . 14,000
6934 G.F. Juergens 287 Marschall Rd. Alt . 5 ,400
6935 G.F. Juergens 327 Marschall Rd. Alt . 27 ,900
6936 Superamerica 1155 E. 1st Ave . Foundation 5 ,000
6937 Void
6938 C & H Const. 222 E. 1st Alt . 4,000
6939 Signs of Quality 230 Lewis Sign . 195
6940 Signs of Quality 576 Marschall Rd. Sign 816
6941 Valley Fair One Valleyfair Dr. Addn. 40,000
6942 Valley Fair One Valleyfair Dr. Addn. 60,000
6943 Kearney/Allen 1907 Davis Court Duplex 45 ,000
W .cg 2 O " .Z
"�-� 1 unit
6944 Kearney/Allen 1909 Davi?Court Duplex 45 ,000
4o� BaF? 'z 1 unit
6945 Loren Wolfe 1611 S ak pee Ave. Addn. 9 ,000
6946 John McReynolds 311 E. 1st . Wood Stove 500
6947 Signs of Quality 222 E. 1st Sign 175
$ 586 ,466
l.�
TENTATIVE AGENDA
Downtown Ad Hoc Committee
City Hall Council Chambers
December 18 , 1985
7 : 30 A.M.
Chrmn. Laurent presiding
1. Call to order at 7 : 30 a.m.
2 . Approval of Agenda
3 . Downtown Streetscape Assessment Policy
(bring September 20 , 1985 memo)
4. Other Business
5 . Adjourn at 9 : 00 a.m. to January 8 , 1986 at 7 : 30 a.m.
Jeanne Andre
Community Development Director
IF YOU ARE UNABLE TO ATTEND THE MEETING
PLEASE CALL JEANNE OR TONI TO LET THEM KNOW.
TENTATIVE AGENDA
Energy and Transportation Committee
Shakopee, Minnesota
December 19 , 1985
Chrm. Ziegler presiding;
i. Roll Call at 7 : 30 P.M.
2 . Approval of Minutes - October 17 , 1985 & November 21, 1985
3 . Action: Chaska, Chanhassen, Eden Prairie, Shakopee Transit
Final Report Approval
4 . Informational Items
A. 1986 Transit Management Plan and Budget
B. Recycling Proposal Report
C. Recycling Monthly Report - November
D. Dial-A-Ride Monthly Report - November
E. Van Pool Monthly Report - November
5.. Other Business
A. Next Meeting -
B.
6. Adjournment
Barry A. Stock
Admin. Intern
CITY OF SHAKOPEE
17
A�cc��V
MINUTES OF THE QUARTERLY MEETING ED
OF THE SUBURBAN RATE AUTHORITY 21 985
October 16, 1985 41c8N
'qk0
AF�
Pursuant to due call and notice thereof, the quarterlv
meeting of the Suburban Rate Authority was held at the Ambassador
Motor Hotel in the City of St. Louis Park, Minnesota, on Wednes-
day, July 17, 1985, commencing at 6 :30 p.m.
1 . Call to Order: The meeting was called to order by the
chairman, Graydon Boeck.
2 . Roll Call: Upon roll call, attendance was found to be
as follows:
Brooklyn Park Graydon R. Boeck
Deephaven William D. Schoell
Edina J. N. Dalen
John Wallin
Fridley Ed Hammernik
John Flora
Greenwood William D. Schoell
Hopkins John J. Strojan
Maplewood John C. Greavu
Minnetonka Robert DeGhetto
Donald Asmus
New Brighton Henry Sinda
North St. Paul Glen Anderson
Osseo Catherine Goth
Plymouth Frederick Moore
Roseville Charles Honchell
Savage Mark H. McNeill
Shoreview William Stawarski
Also in attendance were SRA attorneys Glenn Purdue and Ron Batty.
3. Approval of Minutes: The minutes of the meeting of
July 17, 1985, were presented for approval as mailed. It was
moved by Mr. Dalen, seconded by Mr. Schoell that the minutes be
approved. Carried unanimously.
4 . Secretary-Treasurer' s Report: Mr. Dalen gave the
treasurer's report, a copy of which is attached to the minutes.
Mr. Dalen also presented an audit of Suburban Rate Authority
financial statements dated December 31, 1984 and 1983, completed
by the George M. Hansen Company, P.A. Copies were made available
at the meeting, and are available to members upon request. It
was moved by Mr. Greavu, seconded by Mr. Sinda that the treasur-
er' s report be approved. Carried unanimouslv.
5 . Claims: The following claims were presented by Mr.
Dalen:
I �
1 . George M. Hansen Company for audit: $550 . 00
2 . LeFevere, Lefler, Kennedy, O'Brien & Drawz
for legal services through September 30, 1985 :
$6 , 112 . 68 .
It was moved by Mr. Dalen, seconded by Mr. Greavu that the claims
be paid. Carried unanimously.
6 . Presentation by Counsel Concerning Solid Waste:
The Board heard a presentation regarding municipal solid
waste by Ron Batty of LeFevere, Lefler, Kennedy, O 'Brien & Drawz.
Batty summarized the history of legislation pertaining to solid
waste and cited several 3tatiSt_L indicating the magnitude of
the issue. He also outlined the division of responsibility for
solid waste abatement among the Minnesota Pollution Control
Agency, the Metropolitan Council, the counties and cities .
Batty presented information regarding the metropolitan
Council 's plan to reduce, process and dispose of solid waste.
The plan emphasizes reduction in the amount of waste generated by
composting yard wastes and for separating recyclables. The plan
also calls on the counties to establish centers for further
processing and burning of the residual materials. In his presen-
tation, Batty listed some of the possible methods of implementing
the Metropolitan Council plan but noted that the county plans,
which were not yet complete, would provide the specifics.
The final subject discussed was the role of cities in
meeting the goals of solid waste abatement, including a brief
discussion of projects which some cities have initiated. Mention
was also made of the grant programs being operated by the Metro-
politan Council and PCA to reimburse cities for their costs in
participating in the programs .
7 . Metropolitan Waste Control Commission Rate Stud',k.7
Committee: Mr. DeGhetto and Mr. Honche7.1 _reported on the delib-
erations and recommendations of the Rate Structure Task Force. A
draft report of the committee to the chairman of the MWCC was
distributed and discussed. It was understood that this report
would be distributed to MWCC users by the MWCC . It was noted
that the MWCC would hold a public hearing at 2 : 00 p.m. in the
Richfield City Hall on Friday, November 1 , 1985 for the purpose
of receiving comments on the Rate Structure Task Force report.
Chairman Boeck thanked Mr. DeGhetto and Mr. Honchell for their
participation on the task force and for their report.
8 . Combined Sewer Overflow Status Report: Chairman Boeck
reported on the legislation which was adopted by the last legis-
lature. He stated that the result had been accepted by all
groups and that the matter was on the way to resolution. As a
result of the legislation and other efforts , MWCC will receive
its federal permits for CSO discharges. Chairman Boeck also
2
1�
SUBURBAN RATE AUTHORITY
ANALYSIS OF CHANGE IN CASH BALANCE
SAINT LOUIS PARK, MINNESOTA
FOR NINE MONTHS ENDED SEPTEMBER 30, 1985
Balance at January 1, 1985
$ 1,756.44
Additions:
Interest income $ 3,181.06
Sale of investments 66,818.94
Special Assessments - 1985 - See Schedule attached
for details 54,333.40
Special Assessments - 1984 - City of Hopkins 981.60 125,315.00
$127,077.44
Deductions:
Accounts payable:
LeFever, Lefler, Kennedy, O'Brien
and Drawz $ 12,823.70(A)
Purchase of investments 104,016.17
Dinner - guests 28.20 116,868.07
Balance at September 30, 1985 $ 10,203.37
Note A:
The breakdown of legal costs are as follows:
General $ 8,062.62
Metropolitan Waste Control 2,553.57
Northwestern Bell Telephone 918.16
Northern States Power Co. 1,289.35
$ 12,823.70
INVESTMENTS
United States Treasury Bills-Discount-November 29, 1985 $ 14,017.38
United States Treasury Bills-Discount-January 30, 1986 14,490.29
United States Treasury Bills-Discount-August 7, 1986 13,981.00
United States Treasury Bills-Discount-September 4, 1986 23,195.36
COST $ 65,684.03
FACE VALUE $ 70,000.00
SUBURBAN RATE AUTHORITY
STATUS OF ASSESSMENTS RECEIVABLE
SAINT LOUIS PARK, MINNESOTA
As of September 30, 1985
VOTES ASSESSMENT PAID BALANCEDUE
Bloomington 17 $ 6,257.70 $ 6,257.70 $ -0-
Brooklyn Center 7 2,576.70 2,576.70
Brooklyn Park 9 3,312.90 3,312.90 -0-
Burnsville 8 2,944.80 2,944.80 -0-
Champlin 2 736.20 736.20 -0-
Circle Pines 1 368.10 368.10 -0-
Columbia Heights 5 1,840.50 1,840.50 -0-
Deephaven 1 368.10 368.10 -0-
Eden Prairie 4 1,472.40 1,472.40 -0-
Edina 10
3,681.00 3,681.00 -0-
Excelsior 1 368.10 368.10
Fridley 7 2,576.70 2,576.70 -0-
Greenwood 1 368.10 368.10 -0-
Hastings 3 1,104.30 1,104.30 -0-
Hopkins 4 1,472.40 1,472.40 -0-
Lake St. Croix Beach 1 368.10
Charles S. Thomas-
Donation 100.00 100.00 -0-
Lauderdale 1 368.10 368.10 -0-
Loretta 1 368.10 368.10
Maple Plain 1 368.10 368.10 -0-
Maplewood 6 2,208.60 2,208.60 -0-
Minnetonka 8 2,944.80 2,944.80 -0-
Minnetrista 1 368.10 368.10 -0-
New Brighton 5 1,840.50 1,840.50 -0-
North St. Paul 3 1,104.30 1,104.30 -0-
Orono 2 736.20 736.20 -0-
Osseo 1 368.10 368.10 -0-
Plymouth 7 2,576.70 2,576.70 -0-
Richfield 8 2,944.80 2,944.80 -0-
Robbinsdale 3 1,104.30 1,104.30 -0-
Roseville 8 2,944.80 2,944.80 -0-
Shakopee 2 736.20 736.20 -0-
Shoreview 4 1,472.40 1,472.40 -0-
Savage 2 368. 10 368.10 -0-
Spring Park 1 368.10 368.10 -0-
St. Louis Park 9 3,312.90 3,312.90 -0-
Vadnais Heights 2 736.20 736.20
Victoria 1 368.10 368.10 -0-
Wayzata 1 368.10 368.10 -0-
Woodland 1 368.10 368.10
Brooklyn Center -1984 858.90 858.90 -0-
58, 259 ; 80 53, 474. 50 .4 , 417. 20
- I
MINUTES
INDUSTRIAL COMMERCIAL COMMISSION
SHAKOPEE, MINNESOTA NOVEMBER 13 , 1985
The ICC meeting was called to order by Vice-Chairman Al Furrie
at 5 : 00 p.m. in the City Council Chambers.
Members Present: Jim O'Neill
John Manahan
Jane DuBois
Tim Keane
Al Furrie
Bud Berens , Shakopee Development Corp. Liaison
Staff Present: Jeanne Andre, Community Development Director
Judi Simac, City Planner
John K. Anderson, City Administrator
On a motion by Jim O'Neill, seconded by Jane DuBois, the minutes
of October 9 , 1985 were approved.
Star Cities Program
The Community Development Director reported that the City' s
application for State assistance to complete the Star Cities
Program has received approval. There is a meeting set for November
18, 1985 to discuss the Shakopee work plan with members of the
Star City program. She requested an ICC member attend the meeting
and notified the ICC that Gary Laurent, representing the Downtown
Ad Hoc Committee, Lee Hennen, the new Chamber President and
the City Administrator will also attend the meeting. Al Furrie
offered to attend the meeting.
Discussion followed on the general goal to mobilize a maximum
number of persons to feed into the Star Cities involvement,
and to consider establishing a special committee to accomplish
Star Cities goals in Shakopee. John Manahan stated that as
the support for the Star Cities program originated in the ICC,
the ICC therefore should not lose its involvement in the process,
and should be responsible for designating the Star Cities committee,
if established, and to maintain a liaison relationship with
such committee. It was noted that the ICC is actually the bonafide
Star City committee at present, and any additional involvement
of people could be handled as subcommittees of ICC to work with
the components of Star Cities designation. John Manahan expressed
his interest to participate in the Star Cities process but could
not attend the November 18, 1985 meeting. It was clarified
that City staff will be available to work on the Star Cities
project.
On a motion by John Manahan, seconded by Jim O'Neill, the Chairman
in cooperation with staff within the next month, will select
an appropriate number of named individuals for appointment to
a Star Cities committee for ICC review and approval at the next
ICC meeting.
Selection Committee for Consultant for Race Track Land Use Study
The City Planner advised the ICC that the City Council has requested
proposals from consultants for a land use study on areas around
the racetrack, with the objective of having a draft or final
product by February 1 , 1986 . An additional member is sought
from the ICC to become part of the committee for the selection
of the consultant and then to work with the consultant until
the presentation of the plan to the City Council.
Tim Keane asked for a clarification of the committee ' s roles.
Judi Simac, City Planner, will return to the City Council for
the clarification and will report to the ICC meeting in November.
There was further discussion of the consultant' s work objective
and role of the committee in the selection process and/or the
on-going study process. Also, it was discussed that the ICC' s
role to address industrial and commercial development in the
City should therefore include the ICC an opportunity to formally
review and comment on the product of the land use study, in
addition to being represented on the committee.
John Manahan moved, seconded by Jane DuBois, to appoint Al Furrie
to the racetrack land use study committee. Motion carried.
John Manahan moved, seconded by Jim O'Neill, to appoint Jane
DuBois as an alternate to the racetrack land use study committee.
Tim Keane moved, seconded by Jane DuBois , to request the City
Council that the ICC have a formal review and comment opportunity
before the final City Council approval of the racetrack land
use study. In discussion, it was affirmed that the ICC was
strongly interested in being involved in the committee process
for development of the land use proposal. By consensus, the
ICC agreed to meet at special meetings if necessary to meet
the timelines of the proposal development. It was also noted
that the joint meetings in the past with the City Council and
Planning Commission worked well and were productive, providing
a direct expression to the City Council. Motion carried.
ICC Member Appointments
Al Furrie announced the resignation of Paul Wermerskirchen,
Chairman of the ICC, effective immediately. There was general
discussion of current ICC membership, and that Paul Wermerskirchen
was representing the downtown area. The terms of Al Furrie
and Jane DuBois expire on January 31 , 1986 ; Tim Keane and Paul
Wermerskirchen on January 31 , 1988 ; John Manahan and Jim O'Neill
on January 31, 1987 .
On a motion by John Manahan, seconded by Jim O'Neill, Al Furrie
was nominated as Chairman for the remainder of the term to January
31 , 1986 .
On a motion by Jane DuBois , seconded by Jim O'Neill , to nominate
John Manahan as Vice Chairman for the remainder of the term
to January 31 , 1986 .
Other Business
John Manahan requested a status report on the implementation
of the ICC recommendation to hire a City economic development
person. The City Administrator explained the 1986 budget process
which includes requests for seven additional staff persons .
He advised that due to no clear consensus between City Council
Members regarding new staff position, the 1986 budget will include
a set-aside amount for additional unspecified staff and will
have a consultant evaluate City staffing and department revenue.
A City Council decision on the staffing requests is anticipated
by March 1, 1986. There followed discussion of police personnel
requests . Al Furrie noted that a City efficiency audit may
be more productive than a City staffing evaluation.
Jim O'Neill requested information on the questionnaire enclosed
in the utility bills. He commented that a significant question
was not asked: Do you think the City needs more sanitary sewer
for residential properties?
A lengthy discussion followed on the impact of the recently
approved Final and Preliminary Plat north of Tahpah Park which
will permit residential development with the installation of
a lift station. Past City policy on lift stations was reviewed
by staff and the ICC; current City policy will now consider
residential development with lift stations. Other discussion
was held on the Jackson interceptor, its capacity and location
and on the Urban Services Line set by the Metropolitan Council.
There continued extensive philosophical discussion of planning
principles and private sector role in residential development
and subsequent installation of residential infra structure ( road
and sewer) prior to or following platting of an area.
On a motion by John Manahan, seconded by Jim O'Neill, the Shakopee
ICC adjourned at 7 : 00 p.m.
Respectfully submitted,
Glenda D. Spiotta
Recording Secretary
SHAKOPEE COALITION
Meeting Minutes - December 5, 1985
The meeting was called to order at 7:05 AM by Chairman Jim Streefland in the
Citizens State Bank Community Room.
Members Present: Jerry Knutson (Shakopee Womens Prison) , Jim Streefland (Lions
Club) , Jackie Kes (Scott-Carver Economic Council) , Virgil Mears
(I.S.D. #720) , Eileen Moran (Scott County Human Services), Brian
Norris (Citizens State Bank), George Muenchow (Shakopee Community
Services) , and John K. Anderson (City Of Shakopee).
Jackie Kes gave a report on the Scott-Carver Food Shelf Program.
a. 179 families were served in November with 52 from Shakopee.
b. Thanksgiving Project included 206 families with 50 from Shakopee.
C. On December 6 the Food Shelf is moving to the rear of Topel 's Card Shop
on Holmes Street. The private entrance is off of Second Ave.
d. The "Give Where You Live" funding campaign continues into January. The
goal of $75,000.00 is attainable, but still far off at present.
e. Commodities Distribution will be this Saturday.
Jerry Knutson gave a report on the Womens Prison.
a. The new building probably will be completed by April, but because of
financial cutbacks the move into the new structure might not take place
until summer. Space is being planned for 126 people.
J. The prison is currently jammed with 90 residents.
C. There will be a few new positions when the new facility opens.
Testing will begin in January for the Correctional Counsellor positions.
Two new educational instructors will be hired.
d. Jerry is responsible for all volunteers in the institution. She estimated
that this totals to 150-200 people. There currently is a problem of not
enough drivers to transport children to come and visit their institutionalized
mothers.
e. Jerry requested to be re-instated to the Coalition Mailing List and plans
to participate again.
Brian Norris was unanimously elected to serve as Chairperson for 1986. Jim Streefland
was thanked for diligently serving as Chairperson in 1985.
Because of the January 1 holiday the next meeting will be Thursday, January 9, at
7:00 AM in the Citizens State Bank Community Room.
The meeting was adjourned at 8:00 AM.
Respectfully submitted,
George Muenchow, Acting Secretary
PROCEEDINGS OF THE
DOWNTOWN AD HOC COMMITTEE
Shakopee, Minnesota
November 27 , 1985
Vice Chrm. Don Martin called the meeting to order at 7 : 40 a.m. with
the following voting members present: Don Martin, Jim Stillman,
and Joe Topic. Absent: Steve Clay, Terry Forbord, Gary Laurent,
Mike Sortum, Dan Steil, Bill Wermerskirchen Jr. , Pete Sames
and Tim Keane. Also present: Jerry Wampach, Liaison to City
Council, Jeanne Andre, Community Development Director, Ken Ashfeld,
City Engineer, Timm Nelson, Intern and Beth Moe, Shakopee Valley
News.
The Community Development Director reported that the Housing
Alliance project is going well and a lot of negotiating is going
on. A great deal of interest, some pro and some con, was shown
at a public meeting held Nov. 19th. The County Board has given
its blessing to the project.
The City is considering applying for a Small Cities Development
Grant. Cards were sent out with the public utility bills allowing
utility customers to complete a survey about a list of five
concerns that a grant could be used for. It was evident from
the approximately 1000 cards returned that the citizens are
extremely interested in the bridge improvement and downtown
improvement. The Community Development Director commented that
the City likes to work with local businesses to build or expand
and asked for help in identifying those kinds of businesses
who may be interested in a grant.
The I .C.C. has been promoting the Star City Program. Since
there is a lot of community involvement required to complete
this program a lead group may be formed with subcommittees.
Jim Stillman inquired about the financial status of the Cable
Co. and what effect their dire financial condition might have
on the project between the school and the Women' s Correctional
Institution. The Community Development Director indicated that
an evaluation of their financial condition is being done.
Staff will try to set up another meeting of the Downtown Ad
Hoc Committee on Dec. 4th at 7 : 30 a.m. , to cover other agenda
items from this meeting. Meanwhile members were asked to study
Barton Aschman' s twelve alternatives for T.H. 101/169 Bridge
Junction improvements. They also suggested that an Evaluation
Committee be set up to eliminate alternatives with a low probability.
Suggested membership might be the City Planner, City Engineer,
City Manager, Scott County, Hennepin County Mn/DOT and someone
from the metropolitan Council. The Downtown Committee needs
to react to these proposals.
The meeting adjourned at 8 : 25 a.m.
Darlene Schesso
Recording Secretary
PROCEEDINGS OF AN INFORMATIONAL MEETING OF THE
SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE r; �� OF SHAKOPEE'
SHAKOPEE, MINNESOTA NOVEMBER 21 , 1985
Chairman Ziegler called the November 21 , 1985, meeting of the Shakopee Energy
and Transportation Committee to order at 7:38 p.m. with Commissioners Dunwell,
Schwingler, and Sorenson present. Barry Stock, Administrative Intern, was
also present. Commissioners Allen, McNeil, Spiotta, and Weeks were absent.
Due to lack of quorum, approval of the minutes of October 17, 1985, will be
continued to the December meeting.
TRANSIT FEASIBILITY STUDY REPORT
Barry Stock introduced Mr. Jeff Benson from the consulting firm Bennett, Ring-
rose, Wolsfeld, Jarvis, Gardner, Inc. (BRW) who was present to discuss the
results of the Chaska, Chanhassen, Eden Prairie, Shakopee transit feasibility
study. Mr. Benson distributed to each Commissioner a draft report for the
Transit Service Demonstration Project and briefly reviewed its contents.
BRW recommends that Shakopee's existing transit system remain as is with the
following exceptions:
1. Expansion of the Dial-A-Ride service area to include the Eden
Prairie Center. (Also scale down the Dial-A-Ride vehicles to
more efficient units. )
2. Add three peak a.m. and three peak p.m. 25-passenger buses which
would run to the Eden Prairie Center (and from there, transfers
to the rider's destination would be made) .
3. Change the name of the system to coincide with whatever name is
selected for the larger system.
Discussion followed on the many transit options open to the City of Shakopee.
Due to lack of quorum, no definitive action could be taken. However, the
Commissioners present at the meeting agreed to go on record as approving the
concept of the transit feasibility study with no action to be taken by the
City of Shakopee until the other cities have accepted the transit consultant's
recommendations. Furthermore, concensus was that the City of Shakopee should
adopt the name of the new system to provide for more regional exposure and
identification of the transit services available to the southwest metro area.
Mr. Benson noted that he would be proceeding with the final report for the
Transit Service Demonstration Project and will have the results of his meetings
with Chaska, Chanhassen, and Eden Prairie for the December meeting.
Energy & Transportation Committee
November 21 , 1985
Page 2
SCOTT COUNTY SOLID WASTE RECOVERY REQUEST FOR PROPOSAL UPDATE
Mr. Stock explained that in light of recent state legislation which imposes a
ban on the landfilling of unprocessed mixed municipal waste after December 31 ,
1989, Scott County is requesting proposals for a solid waste management system.
Each of the Commissioners had received a copy of the county's request for
proposals (RFP) for their information prior to the meeting.
Mr. Stock distributed a summary of the responses to the RFP which were received
at the meeting of the Scott County Solid Waste Advisory Committee on November 14,
1985. He noted that the advisory committee would be meeting again next week to
narrow down the alternatives to four. Then a consultant would be hired to deter-
mine which proposal would be the most cost effective for Scott County.
A general discussion followed on area landfills, incineration of refuse, and
potention pollution/contamination problems.
SHAKOPEE RECYCLING REQUEST FOR PROPOSAL UPDATE
Barry Stock reported that in conjunction with the rebidding of the refuse contract
the City of Shakopee requested proposals for some type of recycling service in
Shakopee. He advised that bids had been opened and that Waste Management in
Savage would probably be the accepted bid. Then he distributed their proposal
for a recycling program and pointed out that Shakopee's program would actually
need less service than Waste Management is proposing.
SCRAP FINAL SURVEY RESULTS/OCTOBER RECYCLING REPORT
Mr. Stock indicated he is in the process of tabulating the results of the SCRAP
final target area survey and is still receiving surveys at this time. Therefore,
final results will be made available at a future meeting.
Barry Stock commented that he had met with the leaders of the volunteer organiza-
tions that are involved in Shakopee's recycling program at 6 p.m. and discussed
the following issues with them:
1 . Final target area survey comments and results
2. Improving efficiency in the pick-up of recyclables
3. Improving public awareness of the program
4. Problems encountered in the target areas and whether or not the
City should purchase bins or bags for all Shakopee residents
5. Problems encountered at the drop-off site
Results of that meeting were as follows:
1 . In an effort to improve the efficiency of pick-up, the city will be divided
into three quadrants with each volunteer group being assigned to pick up
all the recyclables in their assigned quadrant.
2. The groups requested a phone number be available for the public, so an
answering machine will be located at the Shakopee Area Catholic Schools.
3. The groups did not like any of the containers provided for the program
so Barry Stock will search for new alternatives.
Energy & Transportation Committee 1
November 21 , 1985
Page 3
4. The pick-up time will be pushed back to 9:30 a.m. but participants will
still be required to have their garbage at curbside by 8:30 a.m.
5. The groups requested magnetic signs for the vehicles picking up the
recyclables to lend credibility to the pick-up service. Staff will
consider this request.
Mr. Stock pointed out that the overall participation rate is 21 percent which
staff believes is an excellent rate of participation.
OCTOBER VAN POOL REPORT
Barry Stock informed the Commissioners that the Dial-A-Ride program has been
averaging 80 riders per day. However, he added that the service area for the
vans may be too large as two drivers have received tickets for speeding as they
tried to make their pick-ups in time.
Discussion followed on the efficiency of the program, using taxis as back-up,
insurance problems, and problems in obtaining drivers.
Mr. Stock announced that in follow-up to discussion at the last meeting, there
would be a van pool party for all riders plus the Commissioners on December 19,
1985, with the regularly scheduled meeting to follow.
The meeting adjourned at 9:33 p.m.
Barry Stock Judy Hughes
Administrative Intern Recording Secretary
Transit/Recycling Coordinator
MINUTES
INDUSTRIAL COMMERCIAL COMMISSION
SHAKOPEE, MINNESOTA DECEMBER 4, 1985
MEMBERS PRESENT: John Anderson, Chamber of Commerce Liaison
Anthony Berens, Shakopee Development Corp. Liaison
Al Furrie, Chairman
Tim Keane
John Manahan
Jim O'Neill
GUESTS PRESENT: Jeanne Andre, Community Development Director
MEMBERS ABSENT: Jane DuBois
GUEST SPEAKER
Vice Chairman John Manahan introduced Mr. Walt Wittmer, Vice President of Valley
Fair, who had requested audience before the Commission to discuss access problems
that have arisen as a result of development on the Bradford property which is east
of Valley Fair.
Mr. Wittmer explained that to the east of Valley Fair is a 60 acre parcel of land
on which the Bradford Company is proposing to build a restaurant with 300 seats.
They are also negotiating with three major companies to build a hotel on that parcel
which would leave an additional 35 to 40 acres that could be developed in the
future. The problem has been how to access the property. Mr. Wittmer illustrated
two alternatives for access that the Bradford Company had developed. One was a
cul-de-sac with direct access to Highway 101 ; the other was to build a frontage
road utilizing Valley Fair's entrance and exit.
Mr. Wittmer cited the following problems with using Valley Fair's entrance and exit:
1. SAFETY - He noted that cars come off Highway 101 at a high rate of speed.
On a normal day, four to five thousand cars may enter their grounds between
10 a.m. and noon with approximately 82 percent of those cars coming from
the east. If the frontage road was built as proposed, a car exiting on it
would have to cross five lanes of this heavy traffic to exit.
2. EXISTING MARQUEE - Valley Fair does not want the restaurant to be associated
with their amusement park and so the marquee- would have to be moved or torn
down. The current proposal is to move the marquee 75 feet north which would
be down in a valley and not as visible from Highway 101 . The cost to move
the marquee would be very high.
3. PARKING LOT - Mr. Wittmer reported that Valley Fair charges cars to park in
their parking lot. Under the current frontage road proposal, cars would
easily be able to enter the parking lot through the exit to avoid charges.
Industrial Commercial Commission
December 4, 1985
Page 2
Mr. Wittmer reported that the Minnesota Department of Transportation (MnDOT) and
Shakopee City Staff favor the frontage road alternative. Tne Shakopee City
Council at their meeting on December third began condemnation proceedings on the
entrance and exit to Valley Fair (which is about a half acre) in order to force
the building of the frontage road.
Mr. Wittmer stated that Valley Fair would like the following changes made before
they would agree to the frontage road:
1 . Prevent cars from entering the parking lot through the exit.
2. Slow down traffic on Highway 101 before it exits off Highway 101 .
3. Find a suitable spot for the marquee so it would still be visible from
Highway 101 but not be associated with the restaurant.
4. Retain the ability to add another entrance lane on Bradford property in
the future if the need exists.
Mr. Wittmer explained that after the Council's condemnation actions, Valley Fair's
position is that the City of Shakopee now owns the entrance/exit property, and
Valley Fair will attempt to negotiate with the City to develop alternatives
addressing Valley Fair's concerns.
Extensive discussion followed on various alternatives to access the property. The
consensus of the Commissioners was that the access problem should be the developer's
rather than condemning Valley Fair's property. John Manahan pointed out that
Valley Fair has been very good for Shakopee drawing tourists, doing about 35 million
dollars of amusement park business per season, while the restaurant at maximum
would seat 300 people.
The Commissioners requested that Mr. Wittmer keep them informed on the status of
the access problem.
Chairman Furrie formally called the meeting to order at 6: 13 p.m. and roll call
was taken.
MINUTES
On a motion by John Manahan, seconded by Tim Keane, the minutes of the November 13,
1985, meeting were approved.
STAR CITIES PROGRAM
Chairman Furrie introduced Ms. Leslie Blicker from the Department of Energy and
Economic Development (DEED) who will be assisting the Commission with the one-year
and five-year development plans in an effort to gain Star City status.
Ms. Blicker gave a brief summary of her expectations of the Commission as well as
some background on her office and the Star City program.
Industrial Commercial Commission
December 4, 1985
Page 3
Ms. Blicker began the work session by asking the Commission to develop an
organization flow chart for the Star City program. The preliminary chart is as
follows: (with the notation that it will be refined further at future work sessions)
INDUSTRIAL COMMERCIAL COMMISSION+
Task Force/ Economic Development Commission
Downtown Tourism ICC Day Public Relations Planning Dept. Finance
(City (Chamber) (ICC) (Sales Industry (City Staff)
Ad-hoc) Contacts)
Next the Commissioners each listed what they felt were the top three goals for
the City of Shakopee in the future. Discussion followed. John Manahan and Jeanne
Andre agreed to meet prior to the next work session to develop a refined list of
overall goals based on the discussion. These will be presented to the entire
Commission for their approval.
The Commissioners agreed that the Commission should be expanded to include all
segments of the community in the Star City program planning. Chairman Furrie
will contact additional members of the community to enlist their participation.
Jeanne Andre will follow-up his contacts with a confirming letter.
The Commissioners set the next work session for Monday, December 16, 1985, at the
Shakopee House at 6 p.m.
The meeting adjourned at 7:30 p.m.
Respectfully submitted,
Judy Hughes
Recording Secretary
P3
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in special session on
September 30, 1985 at 4:30 P.M. in the Utilities meeting room.
Commissioner Cook offered a prayer for divine guidance in the deliberations
of the Commission.
MEMBERS PRESENT: Commissioners Cook and Commissioner Kirchmeier and Manager
Van Hout.
Commissioner Gorman, Liaison Wampach and Secretary Menden were absent.
John Kosmos, architect, was present to present the bids received for the
re-roofing of the office area.
Motion by Kirchmeier, seconded by Cook to award the contract to Walker
Roofing Company, the low bidder for $21,600.00. Motion carried.
Motion by Kirchmeier, seconded by Cook that the meeting be adjourned.
Motion carried.
Attest:
,X--�G
Lou Van Hout, Manager
MINUTES OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
Regular Meeting
The Shakopee Public Utilities Commission convened in regular session on
October 1, 1985 at 4:30 P.M. in the Utilities meeting room.
Commissioner Cook offered a prayer for divine guidance in the deliberations
of the Commission.
MEMBERS PRESENT: Commissioners Cook, Kirchmeier and Gorman. Also Manager
Van Hout, Liaison Wampach and Secretary Menden.
Motion by Gorman, seconded by Kirchmeier that the minutes from the September 4,
1985 regular meeting and the September 16, 1985 special meeting be approved as kept.
Motion carried.
The employees of the Shakopee Public Utilities Commission were present to
present their 1986 wage and benefit requests.
BILLS READ:
City of Shakopee 20,032.00
American Safety Utility Corp. 56.30
Auto Central Supply 19.85
Berens Market 114.77
Bills Toggery 485.73
Braun Environmental Laboratories 20.00
Burmeister Electric Co. 590.44
Capesius Agency Co. 60.00
Carlson Hardware Co. 121.94
Chanhassen Lawn and Sports 85.70
Clay's Printing Service 46.70
Ditch Witch of Minn. , Inc. 141.78
Dunnings Hardware 18.38
Feed Rite Controls, Inc. 2,764.00
Goodin Company 99.40
Graybar Electric Co. 3,981.50
H & C Electric Supply 1,118.80
Harmons Hardware 13.17
Mary Henderson 28.31
S. M. Hentges, INc. 3,700.00
Howard Industries, Inc. 8,943.00
Leef Bros. , Inc. 27.00
Vincent Marschall 96.90
Metro Sales Inc. 227.26
Minn. Dept. of Labor and Industry 25.00
Minn. Municipal Utilities Association 1,012.56
Ted Neisen 318.00
Northern States Power Co. 275,745.37
Northern States Power Co. 3,032.44
Office Interiors, Inc. 1,387.92
Schoell and Madson, Inc. 717.66
Serco 64.00
Shakopee Floral 25.50
Shakopee Services 44.00
Shakopee Postmaster 2,500.00
Suel Business Equipment 7,084.50
Duain Swenson Construction Co. , Inc. 22,671.00
Starks Cleaning Services 48.10
Total Tool 135.33
Twin City Testing 126.00
Lou Van Hout 49.00
Water Products Co. , Inc. 841.68
Westinghouse Electric Supply Co. 353.41
River Electric Association 2,097.96
Shakopee Public Utilities Commission 335.35
Motion by Kirchmeier, seconded by Cook that the bills be allowed and ordered paid.
Motion carried.
A special Utilities Commission meeting was set for October 21, 1985 at 4:30 P.M. in
the Utilities meeting room.
A communication from John Anderson, City Administrator regarding the pole yard
was acknowledged. Manager Van Hout is looking into all the possible locations for the
new pole yard to be located.
Liaison Wampach reported on the progress being made on the downtown parking lot.
Motion by Kirchmeier, seconded by Gorman to offer Resolution #293, A Resolution
Authorizing Water service to a parcel of land. Ayes: Commissioners Kirchmeier, Cook
and Gorman. Nayes: none. Resolution passed. Motion carried.
Manager Van Hout presented a report of the estimated cost savings realized by
the energy saving study done by the Shakopee Public Utilities Commission.
Mr. Jim Brezinsky from Suburban Engineering and Tom Lyons, a representative
from Prairie House Addition, were present to discuss water service to the Prairie House
Addition Plat. A discussion followed on various methods to provide water service at
various costs to the developer.
A payment plan was presented to the Utilities Commission which had been proposed
to the Shakopee Valley Ice Arena for projecting payments as to clear up the past due
billing for the Ice Arena.
Motion by Cook, seconded by Gorman that the Shakopee Public Utilities Commission
adopt the plan for the Ice Arena to pay the current bill plus $750.00 toward their past
due bill and that the Shakopee Public Utilities Commission charge them 1% interest per
month on the unpaid balance. Motion carried.
Motion by Kirchmeier, seconded by Gorman to amend the above motion that this is
conditional on that the Shakopee Valley Ice Arena remain current with the proposed payment
plan and that at any time they default on this plan this agreement does not exist.
Motion carried.
The specifications for the truck are almost complete and will be going out for
bids shortiv.
The fall Minnesota Municipal Utilities Association will be held on October 23-25,
1985 and Manager Van Hout will be attending the meeting.
February, 1986 is scheduled for a reviewal of the water rates by the Shakopee
Public Utilities Commission.
There were three fire calls for a total man hours of 1 hour and 10 minutes for
the month of September, 1985.
There were no lost time accidents for September, 1985.
Motion by Gorman, seconded by Kirchmeier that the meeting be adjourned.
Motion carried.
Barbara Menden, Commission Secretary
"P3
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in special session on
October 21, 1985 at 4:30 P.M. in the Utilities meeting room.
Commissioner Cook offered a prayer for divine guidance in the deliberations
of the Commission
MEMBERS PRESENT: Commissioners Cook, Kirchmeier and Kephart. Also present
Manager Van Hout.
Liaison Wampach and Secretary Menden were absent.
A report on the status of the tank painting project and the accident was
given by Manager Van Hout.
The wage increase requests by the Utilities employees was discussed.
A special meeting of the Utilities Commission was set for November 18, 1985
at 4:30 P.M. in the Utilities meeting room.
Motion by Kephart, seconded by Kirchmeier that the meeting be adjourned.
Motion carried.
ATTEST:
Lou Van Hout, Utilities Manager
w
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in regular session on
November 4, 1985 at 4:30 P.M. in the Utilities meeting room.
Commissioner Cook offered a prayer for divine guidance in the deliberations
of the Commission.
MEMBERS PRESENT: Commissioners Cook, Kirchmeier and Kephart. Also Manager
Van Hout, Liaison Wampach and Secretary Menden.
BILLS READ:
City of Shakopee 20,032.00
American Water Works Association 49.00
American Public Power Association 729.07
A T and T Communication 19.43
A T and T Communication 1,315.,00
Burmeister Electric Company 11.71
Burroughs Corporation 249.00
Bills Toggery 149.83
City of Shakopee 834.10
Capesius Agency, Inc. 60.00
Carlson Hardware 34.45
Communication Auditors 439.00
Ditch Witch of Minn. 219.12
Eagan Office Products 14.95
Raymond Fickes 31.87
Fresco 270.15
Fresco 247.39
Graybar 4,286.03
H & C electric Supply 3,028.62
K and K Design 1,945.00
Leef Bros. , Inc. 18.00
Minnesota Environmental Quality Board 35.59
Motors Parts Service 30.96
Metro Sales Inc. 99.95
Northern States Power Co. 317.97
Northern States Power Co. 1,164.44
Northern States Power Co. 222,099.47
Office Interiors Inc. 1,487.33
Northland Electric Supply 181.83
Reynolds Welding Supply Co. 46.45
Ranger Products Inc. 36.24
Starks Cleaning Service 48.70
Serco 64.00
Suel Business Equipment 115.50
Schoell and Madson, Inc. 1,060.75
Southwest Suburban Publishing, Inc. 202.43
Scranton Gillette Communications Inc. 19.00
Total Tool 39.93
Twin City Testing 126.00
Uniforms Unlimited 216.70
Valley Industrial Propane 21.75
Wild Iris, Inc. 30.00
2
Wesco 1,412.50
Woodhill Business Products Inc. 834.10
Water Products Co. 2,804.02
Woodhill Business Products Inc. 212.50
Shakopee Public Utilities Comm. 144.08
Lou Van Hout 92.49
Matt Drees 173.98
Laurent Builders 509.69
Motion by Kirchmeier, seconded by Cook that the bills be allowed and ordered
paid. Motion carried.
A communication from Jean Andre to Commission President Cook,regarding a cost
estimate for the utility revitalization for the downtown area was read and discussed.
It was determined that the Shakopee Public Utilities will do the rock testing for
six blocks by the deadline established if possible; but that the study to be done
for the balance of the downtown area, because of the large scope of the project,
cannot meet the December deadline.
The Commission requested Manager Van Hout to respond to the letter written to
Commissioner Cook with the information on the rock testing schedule, and to clarify
that the study was only intended to determine the depth of rock and nothing more.
A communication from John Anderson, City Manager regarding the appointment
of Jim Kephart as new Shakopee Public Utilities Commissioner was read. Mr.
Kephart's appointment will go from October 16, 1985 to April 1, 1987.
A communication asking the Shakopee Public Utilities Commission to participate
in the current cold weather ruling was read and discussed. It was established
that the current policy to which SPUC adheres will still be applied in the future.
Liaison Wampach gave a report as to the progress of the parking lot on 2nd
and Lewis Street.
The change order #1 dated October 7, 1985 listing the changes which had been
previously agreed on the tank painting project, in the amount of $3,735.00 was given
to Commissioner Cook for his signature.
The 1985-1986 budget was tabled until the next meeting.
A communication from Michael Bergman, director of energy research for the
American Public Power Association regarding the current agenda for the Power
Manager Training course was discussed.
Motion by Cook, seconded by Kirchmeier that the Shakopee Public Utilities
Commission reconsider spending $2,500.00 for the American Public Power Association
for training at Nebraska in the month of November, 1985. Motion carried
A letter will be sent to the American Public ,Power Association to advise them
that we are still interested in the software package but are unable to participate
at this time.
tJ
A letter will be sent to Steven Hurley at City Hall to inform him that we will
not be able to address the questions in his memo due to our not participating in the
APPA program
A special Utilities Commission meeting was set for November 18, 1985 at 4:30 P.M.
in the Utilities meeting room.
Manager Van Hout reported on the fall Minnesota Municipal Utilities Association
meeting regarding the service territory intervention status of that organization.
The MMUA is also working on a safety program which will be available in the near
future.
The truck specifications will be ready to go out for bids shortly. The current
plans are for a December 16, 1985 bid award date.
A special Utilities Commission meeting was set for December 16, 1985 at 5:00 P.M.
for the bid award.
The job descriptions are being worked on at the present time and will be ready
for the November 18, 1985 special meeting.
The Commission was advised that the roof repair is scheduled to be done before
the end of the year.
Scotland has presented one new plat to the City for an area South of the
racetrack.
There were five fire calls for a total man hours of 6 hours and 40 minutes.
There were no lost time accidents for October, 1985.
Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion
carried.
The next regular meeting of the Shakopee Public Utilities Commission will be
held on Thursday, December 5, 1985 at 4:30 P.M.
Barbara Menden, Commission Secretary
�3
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in special session on
November 18, 1985 at 4:30 P.M. in the Utilities meeting room.
Commissioner Cook offered a prayer for divine guidance in the deliberations
of the Commission.
MEMBERS PRESENT: Commissioners Cook, Kirchmeier and Kephart. Also Manager
Van Hout and Liaison Wampach.
Rod Krass, City Attorney was present to give the Utilities Commission a legal
opinion of whether or not the Shakopee Public Utilities Commission can have a computer
system independent of the City. A discussion followed.
Motion by Kirchmeier, seconded by Kephart that the Shakopee Public Utilities
Commission proceed with obtaining computer hardware and software independently of
the City of Shakopee, but with an express willingness to continue to cooperate
with the City in the field of joint billing. Motion carried.
Secretary Menden arrived.
Manager Van Hout gave an evaluation on how the structure of the Shakopee Public
Utilities Commission staff has evolved over the years. A discussion followed as to
the level of staff reorganization for the upcoming years.
Motion by Kirchmeier, seconded by Kephart that the Shakopee Public Utilities
Commission establish a new position of line superintendent and establish a new
position of Engineer I and abolish the old position of Superintendent and to change
the position of crew foremen to the new title of line foreman and authorize the
positions to be filled. Motion carried.
The next regular meeting of the Shakopee Public Utilities Commission will be
held on December 5, 1985 at 4:30 P.M. in the Utilities meeting room.
There will be a special session of the Shakopee Public Utilities Commission on
December 16, 1985 at 5:00 P.M. in the Utilities meeting room to award the truck bids.
Motion by Kephart, seconded by Kirchmeier that the meeting be adjourned. Motion
carried.
I
�F.
SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS
RECOMMENDATIONS
FOR
CITY OF SHAKOPEE, MINNESOTA
$660,000
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985A
STUDY NO. 3048
11 December 1985
SPRINGSTED Incorporated
[7A SPRINGSTED
INCORPORATED
VZPUBLIC FINANCE
ADVISORS
I I December 1985
Mayor Eldon Reinke
Members, City Council
Mr. John Anderson, Administrator
Mr. Gregg Voxland, Finance Director
Ms. Jeanne Andre, Community Development Director
City Hall
129 East I st Avenue
Shakopee, Minnesota 55379
RE: Recommendations for the Issuance of $660,000 General Obligation Tax
Increment Bonds, Series 1985A
These recommendations confirm the City Council's action of December 3, 1985
relating to the issuance of these bonds. The City now intends to finance
eligible redevelopment costs associated with the Housing Alliance Corporation
Project within Tax Increment Financing District No. 6. Based on information
supplied by the City, we have prepared the following project budget:
Land Acquisition $365,000
Relocation 15,000
Demolition 30,000
Public Improvements 97,625
Subtotal $507,625
Administration 5,000
Bond Issuance 15,925
Discount 9,900
Capitalized Interest 121 ,550
Total Project Cost $660,000
This issue contains an allowance for discount bidding in the amount of $9,900 or
$15 per $1,000 of bonds issued. The allowance for discount bidding is a means
of providing the underwriter with all or a portion of his working capital and/or
profit for purchasing the issue. The discount thereby allows the underwriter to
bid coupon rates at or near the reoffering scale. The underwriter may bid up to
the maximum amount of the discount, in which case the City would receive not
less than $650,100 in net bond proceeds.
The bonds are expected to be repaid by the receipt of increment income
generated from new development in the Tax Increment Financing District. The
City anticipates the increase in the assessed valuation of the District to be
$850,000 by December 31, 1987, the completion date of the project. It is
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 ((
I I December 1985
Page 2
further expected the project will be 75% complete by December 31, 1986,
enerating a "captured" assessed valuation of the District at that point of
637,500. The estimated increment income is calculated by multiplying these
captured assessed values by the projected total City mill rate, currently 117
mills. Assuming no change in the assessed valuation of the District in the years
following completion of the project, the increment income is estimated to be
$74,588, collectible in 1988, and $99,450, collectible in 1989 through 2005, the
final year of collection required for this issue.
Springsted Incorporated has accepted the City's & HRA's projection of captured
assessed value and we have made no independent evaluation of the validity of
that projection. To the extent that the actual captured value does not meet the
projection and assuming no change in tax rates, tax increment would fall below
the anticipated level used herein, in which case the projected surplus might not
develop, and/or the City might have to use other resources to pay debt service
on these bonds.
We have prepared Schedule A which provides an estimated debt service and
cash flow projection of the issue. Columns I through 5 indicate the annual
payments of principal and interest over the life of the issue. Column 6
represents the statutory 5% overlevy requirement, which protects both the City
and the bondholder in the event revenues are not collected as anticipated.
Column 7 lists the estimated annual increment income and the interest
capitalized in the issue. Column 8 reflects the expected annual surplus or
deficit resulting by subtracting the annual 105% levy amount from that year's
increment income. Column 9 indicates the estimated cumulative surplus of the
issue for each year over the term of the bonds.
The first payments of interest only, due August 1, 1986 and February 1, 1987, in
the estimated combined amount of $64,450 will be paid by interest capitalized
in the issue. Similarly, those interest payments due August I, 1987 and
February I, 1988 will be met by the balance of the capitalized interest,
$56,100. The August 1, 1988 interest payment is to be funded by the first
collection of increment income of the District. Thereafter, each remaining
payment of principal and/or interest is expected to be fully paid by the
increment income generated by the District. No property tax levies are
anticipated for the debt service of these bonds. However, as the issue is a
general obligation of the City, if at any point the actual revenues available are
insufficient to meet scheduled debt service payments, the City will be required
to utilize other resources, perhaps including a levy of property taxes for the
amount of the deficiency.
The City is provided the option on February I, 1995, and on any interest
payment date thereafter, to prepay bonds in advance of their stated maturity,
beginning with bonds due February 1, 1996. Should the City experience actual
collection of increment income in amounts higher than now anticipated, the
City has the opportunity to prepay bonds and terminate the District sooner than
expected. This call provision is at a price of par and accrued interest. Those
bonds subject to the call provision represent $510,000 or 77% of the issue.
�I
Recommendations - City of Shakopee, Minnesota
I I December 1985
Page 3
We recommend the City authorize SPRINGSTED Incorporated to make an
application on your behalf for a rating of this issue by Moody's Investors
Service, Inc. of New York. Moody's is presently faced with a tremendous
number of rating requests, and it is unlikely this issue will receive a rating by
the sale date. Moody's has established a policy of attempting to rate all issues
prior to the settlement date but that may not be possible since this settlement
must take place prior to January I, 1986 if the issue is to escape the applicable
adverse impact of the Tax Reform Bill which is to be voted on by the House this
week. We anticipate the City's present rating of "A" will eventually be
reaffirmed. Moody's will charge a fee for the rating which will be billed
directly to the City and payable from bond proceeds.
The City has set the sale date and place for receipt of sealed bids for Monday,
December 23, 1985, at 12:00 Noon, at the offices of SPRINGSTED Incorporated.
At that time, the City Administrator or Mr. Voxland will open the bids and Mr.
Anderson will be empowered to award the sale of the Bonds subject to
confirmation by the City Council at 6:00 P.M. that same day.
December 23rd is the earliest date on which bids on these bonds could be taken
due to the fact you did not decide to proceed with the issue until December 3rd.
We have not, in my memory, offered bonds for sale this close to Christmas and
we expect there will be less interest than normal in this issue from both
prospective bidders and eventual purchasers. Therefore, it is critical that an
award can be made by Mr. Anderson at 12:00 Noon so that the purchaser has at
least the afternoon to attempt to sell the bonds to potential buyers. If the
bonds could not be sold that day, they probably will have to be carried over into
the next week which is not desirable from either the underwriter or the City's
position. This uncertainty may cause bidders to bid a prernium on this issue as a
hedge.
Respectfully submitted,
SPRINGSTED Incorporated
I I December 1985
t_
Robert D. Pulscher
/kat
CITY OF SHAKOPEE, MINNESOTA PREPARED DECEMBER 4, 1985
$660,000 GENERAL OBLIGATION BY SPRINGSTED INCORPORATED
TAX INCREMENT BONDS, SERIES 1985A
.DATED: 12/ 1/1985
MATURE: 2/ 1
8.500% ANNUAL
ANNUAL LEVY INCREMENT SURPLUS/ CUMULATIVE ANNUAL
LEVY MATURE PRINCIPAL INTEREST TOTAL (105%) IP'COME (-DEFICIT) SURPLUS LEVY
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1985 1987 0 65,450 65,450 65,450 65,450* 0 0 0
1986 1988 0 56,100 56,100 56,100 56,100* 0 0 0
1987 1989 10,000 56,100 66,100 69,405 74,588 5,183 5,183 0
1988 1990 20,000 55,250 75,250 79,013 99,450 20,437 25,620 0
1989 1991 20,000 53,550 73,550 77,228 99,450 22,222 47,842 0
1990 1992 20,000 51,850 71,850 75,443 99,450 24,007 71,849 0
1991 1993 25,000 50,150 75,150 78,908 99,450 20,542 92,391 0
1992 1994 25,000 48,025 73,025 76,676 99,450 22,774 115,165 0
1993 1995 30,000 45,900 75,900 79,695 99,450 19,755 134,920 0
1994 1996 30,000 43,350 73,350 77,018 99,450 22,432 157,352 0
1995 1997 35,000 40,800 75,800 79,590 99,450 19,860 177,212 0
1996 1998 35,000 37,825 72,825 76,466 99,450 22,984 200,196 0
1997 1999 40,000 34,850 74,850 78,593 99,450 20,857 221,053 0
1998 2000 40,000 31,450 71,450 75,023 99,450 24,427 245,480 0
1999 2001 45,000 28,050 73,050 76,703 99,450 22,747 268,227 0
2000 2002 50,000 24,225 74,225 77,936 99,450 21,514 289,741 0
2001 2003 55,000 19,975 74,975 78,724 99,450 20,726 3]0,467 0
2002 2004 60,000 15,300 75,300 79,065 99,450 20,385 330,852 0
2003 2005 60,000 10,200 70,200 73,710 99,450 25,740 356,592 0
2004 2006 60,000 5,100 65,100 68,355 99,450 31,095 387,687 0
TOTALS: $660,000 $773,500 $1,433,500 $1,499,101 $1,886,788 $387,687 $0
BOND YEARS: 9,100 ANNUAL INTEREST COST: $773,500 *INCLUDES CAPITALIZED
AVERAGE MATURITY: 13.79 DISCOUNT (PREMIUM) : $9,900 INTEREST OF $121,550
AVG. ANNUAL RATE: 8.609$ TOTAL INTEREST COST: $783,400 (EXEMPT FROM OVERLEVY)
N
n
m
0
c
r
m
r D
OFFICIAL TERMS OF OFFERING
$660,000
CITY OF SHAKOPEE, MINNESOTA
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985A
Sealed bids for the Bonds will be opened by the City Administrator or his designee on Monday,
December 23, 1985, at 12:00 Noon, Central Time, at the offices of SPRINGSTED Incorporated,
800 Osborn Building, Saint Paul, Minnesota 55102. The City Administrator will be empowered to
award the Bonds following the opening of bids, subject to confirmation by the City Council on
Monday, December 23, 1985, at 6:00 P.M., Central Time.
DETAILS OF THE OBLIGATIONS
The Bonds will be dated December I, 1985 as the date of original issue, and will bear interest
payable on August I and February I of each year, commencing August I, 1986. Interest will be
computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant
to rules of the MSRB. The Bonds will be issued in integral multiples of $5,000 of a single
maturity, as requested by the Purchaser, and fully registered as to principal and interest.
Principal will be payable at the main corporate office of the Registrar and interest on each Bond
will be payable by check or draft of the Registrar mailed to the registered holder thereof at his
address as it appears on the books of the Registrar as of the 15th of the calendar month next
preceding the interest payment.
The Bonds will mature February I in the amounts and years as follows:
10,000 1989 30,000 1995-1996 $45,000 2001
20,000 1990-1992 35,000 1997-1998 $50,000 2002
25,000 1993-1994 40,000 1999-2000 $55,000 2003
$60,000 2004-2006
The City may elect on February I, 1995, and on any interest payment date thereafter, to prepay
Bonds due on or after February I, 1996. Redemption may be in whole or in part of the Bonds
subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the
latest maturity date will be prepaid first. If only part of the Bonds having a common maturity
date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the
Registrar. All prepayments shall be at a price of par and accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax
increment income from its Tax Increment Financing District No. 6. The proceeds will be used to
finance various eligible project costs of the District.
TYPE OF BID
A sealed bid for not less than $650,100 and accrued interest on the total principal amount of the
Bonds shall be filed with the undersigned prior to the time set for the opening of bids. Also
prior to the time set for bid opening, a certified or cashier's check in the amount of $6,600
payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED
Incorporated, the City's Financial Advisor. No bid will be considered for which said check has
not been filed. The check of the Purchaser will be retained by the City as liquidated damages in
the event the Purchaser fails to comply with the accepted bid. No bid shall be withdrawn after
the time set for opening bids, unless the meeting of the City scheduled for consideration of the
bids is adjourned, recessed, or continued to another date without award of the Bonds having been
5��_
made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of 1%. No rate
for any maturity shall be more than 1% lower than any prior rate. No rate nor the net effective
rate for the entire Issue of the Bonds shall exceed the maximum rate permitted by law.
AWARD
The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined
by the deduction of the premium, if any, from, or the addition of any amount less than par, to,
the total dollar interest on the Bonds from their date to their final scheduled maturity. The
City's computation of the total net dollar interest cost of each bid, in accordance with
customary practice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any bid or of
matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause,
and, (iii) reject any bid which the City determines to have failed to comply with the terms
herein. REGISTRAR
The City will name the Registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the Registrar.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds,
but neither the failure to print such numbers on any Bond nor any error with respect thereto will
constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The
CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid
by the Purchaser. SETTLEMENT
Settlement will be on or before December 31, 1985 at a place mutually satisfactory to the City
and the Purchaser. A single typewritten Bond for each maturity will be provided at settlement,
wF, ch Bonds will be exchanged for printed Bonds on or about January 20, 1986. Delivery will be
suFect to receipt by the Purchaser of an approving legal opinion of O'Connor & Hannan of
M, will be printed on the definitive Bonds, and of customary
,neapolis, Minnesota, which opinion
closing papers, including a no-litigation certificate. On the date of settlement payment for the
s which shall be received t the officesf the
Bonds shall be made in federal, or equivalent, fund
City or its designee not later than 1 :00 P.M., Central Time of the day of settlement. xcept as
compliance with the terms ofpayment
pPurchase� shall ber the nliable all have been to the City forade anyi oss
suffered byle by tthe
ion
of the City, or its agents,
City by reason of the Purchaser's non-compliance with said terms for payment.
At settlement the Purchaser will be furnished with a certificate signed by appropriate officers of
the City to the effect that the Official Statement did not as of the date of the Official
Statement, and does not as of the
e of necessary in order toain any untrue statement of a m make the statements therein,iant light
fact or omit to state a material fact
of the circumstances under which they were made, not misleading.
OFFICIAL STATEMENT
Upon request to the City's Financial Advisor prior to the bid opening underwriters may obtain a
copy of the Official Statement. The Purchaser will be provided with 15 copies.
Dated December 3, 1985 BY ORDER OF THE CITY COUNCIL
/s/ Judith Cox
City Clerk
1985 CITY OF SHAKOPLE R E V - N U E R E P O R T AS OF 11-30-85 PAGE 1
FUND 01 GENERAL FUND_ _ C U R_R_ E V T M O N T H Y E A R T O D A_T_ E
ACCOUNT/DESCRIPT.IONT ESQ.-R EVEI�UE ACTJAL VARIANCE PCT EST. REVENUE ACTUAL VARIANCE PCT
3011 GEN. LEVY - CURRENT 7209201.05 9339000.00: 1x1639909.29 2309909.29 124.7%
3022 FISCAL DISPARITIES .DO 409000.00 469711.63 69711.63 116.8
v
.fff TAXES 7209201.05 973x000.00' 192109620.92 2379620.92 124.4
3031 SPECIAL ASSESSMENT INT. .00 .00 . 17.10 17.10
3032 PENALTY K INTEREST .DD ( .00: 85.81 85.81
*••• SPECIAL ASSESSMENTS .00 .00 102.91 102.91 '
3109 TRACK FRANCHISc" -- '---� 000.00 ll0 930 •1 359304.10 150.47
3110 CABLE FRANCRISE .00 .00 169516.51- 169516.51-
3111 LIQUOR LICENSES .DO 509100.00 509212.00 112.00 100.2
3112 BEER LICENSES .00 ►7-90(fO:D �
D- 3T0:00-1.0.00-'f00.I z
3113 BINGO K GAMBLING LIC. .00 400.00 85.00 315.00- 21.3
3114 CIGARETTE LICENSES _ 30.00 _ _ 600.00 188.75 _ _411.25- 3_1.5 _
3115 POOL TABLE LICENSES -.00 -X00000 30 - - _ 976- 3.0
3132 BUILDING PERMIFS 49122.50 739600..00 919910.55 18x310.55 124.9
3133 PLUMBING PERMITS 836.00 359500.00 209002.25 159497.75- 56.3 _
3134 MECHANICAL PERMITS 415.25 199400.00 209606.84 19206.84 106.2
3135 WELL PERMITS 86.00 250.00 1#047.50 797.50 419.0
3136 SEWER & WATER PERMITS 212.00 19500.00 29361.50 861.50 157.4
3131 ELECTRICAL PERMITS----- - 1 091.00 15�400:Od---117-9326.25-----X916-25 112.5- 3
3138 STREEI OPENING PERMITS. 105.00. 1r 000.00 19500.00 500.00 150.0
3150 MISC. BUS. PERMITS .00800.00 992.07 192.07 124.0
3160 DOG LICENSES 20.00 _ 300.00 82.00 218.DII-27.3
3161 MISC. NON-BUS. LIC. .00 100.00 4.00 96.00- 4.0
••►• LICENSES & PERMITS 6#9 10.i5 2Y0.5099�14b.�30 25x19 0 109.2
3320 STATE GRANTS .00 _ 4469148.00 .00 4469148.00-
3321 LOCAL GOVT AIDS
3322 HOMESTEAD 369878.53 1459000.00 1849392.95 399392.95 127.2 '
3323 POLICE STATE AID .00 429000.00 _ 399129.51_ 29870.49- 93.2
.. ._. +
3324 POLICE TRAINING-__ ._ _ ___ _ -OO. ______.___ ....-- 00�" "~'- 2�282'O6 2x282.00 +:
3332 STATE HWY.MAINT. AID .DO 159495.00 139945.50 19549.50- 90.0
3333 STATE HWY. CONST. AID .00 .00 .00.
3336 CIVIL-'DEFENSE -_- -- .00 450.50 M.s 2 .57-U-46"�`"`;
3337 MOBILE HuME .00 19000.00 618.70 321.30- 67.9
3340 COUNTY ROAD & BRIDGE AID .OD 659000.00 .00 659000.00- ,
3341 AGGREGATE TAX -___......----•--.--�----_---_------T.-_��0.0.- ___ -4#000.-D 0
•*t• INTERGOVENMENTAL 1091P874.91 7199043.00 608,002.67 111#040.33- 84.6 l
3506 VALLEYFAIR .00 99240.00 9,240.00 .00 100.0
3507 ADMINISTRATIVE FEES .00 69000.00 500.00 59500.00- 8.3 Q,
3508 IND.REVENUE BOND-FEE-- -OD" 59000:D0�1`2 500:00------7�50d:D0-2-5 0a1
3509 ENGINEERING SERVICES 25.00 1059000.00 ; 419219.30 639780.70- 39.3
3510 ENG. GRADE FEE _ 120.30 2,000.00 1,890.00 110.00- 94.5 ;,
3511 PLAN-CHECK-FEE -19-6 17;;'D -o-ff0-0 -` 369 3.50`-`-x,963.$0 115.Ti
3512 ASSESSMENT SEARCHES 225.00 29000.00 29035.00 35.00 101.8
3513 SALE OF UOCUHENTS 439.35 2x800.00 746.93 29053.07- 26.7
,a
1985 CITY OF SHAKOPLE R E V r- N U E R E P O R T AS OF 11-30-85 PAGE 2
FUND 01 GENT RAL FUND C U_R R_ E N T N 0 N T H YEAR TO DATE
I-0-CRO E -
ES
ACCOUNT/DESCRIPTION T. ACTJAL _' -'1TARIANCE PCS EST. REVENUE ACTUAL VARIANCE PCT,
3514 PLATS-RELON-YAR-GOND-USE 400.00 89000.00 109246.23 29246.23 128.1
3516 FILING F E E _. ----- - -- -- -- - ---.O D - ---- -- ---- - ----- .06 11.00 11.00
3517 RETAINED FEES .00 200.00 -00 200.00-
3520 SNOW REMOVAL .00 900.00 19428.08 528.08 15.8_.7
3521 PUBLIC WORKS RENTALS - - ---------------------- .D0 - --- - 00 .00
3522 WEED CUTTING CHARGES .00 .00 299.00- 299.00-
3523 MISC-PS-WKS-SEHVI_CES 34.14 _ 10000.00 19709.50 709.50 171.0
3524 STREET REPAIR .00 - 200.00 256.00 3a.D0-T28.0
i3526 FIRING RANGE .00 .00 .00 .00
3527 CONCESSIONS-POOL .00 69000.00 59996.52 3.48- 99.9
3531 MISC. POLICE SLRVICE9--- - 00 - - ------ - - --- .00 -- 50.00 --- --- 50.00
.
3532 POUND FEES i FINES .00 900.00 971.00 , 71.00 107.9
3533 FIRE CALLS t_ STANDBY FEE .00 20,500.00 89250.50 121p249.50- 40.2
3539 WATER SLIDE .06 129000.00 129320.94 320.94 102.7 z
3540 SEASON TICKETS-POOL .00 139500.00 139838.21 338.21 102.5
3541 ADMISSIONS-POOL _ .00 _ 99800.00 99792.107.90-
3542 SWIMMING LESSONS .DD-^ 59500.00 79497.00_ I
1999 .b0_136.3 r
3543 MISC. POOL INCOME .00 50.00 .00 50.00- 2'
3650 REFUSE DISPOSAL 159007.32 1609000.00 1389085.07 219914.93- 86.3 z
9999 CHARGES FOR SERVICE 179949.01 4029590.00 3159247.88 879342.12- 78.3
3660 COURT FINES :b�--__--�-_` ---459000.00 9660.89 8s 39.f1=81.5 ---
+**r COURT FINES .00 459000.00 369660.89 89339.11- 81.5 e,
3810 INTEREST .00 559000.00 649681.47 99681.47 117.6
3821 RENT 865.00 49400.00 49950.00 550.00 112.5
3822 CONTRIBUTIONS ------ -- - - - -- .D0 - - ---- -- ----- __-. . .00 ------ .00 . . - .00 i
3830 STATE SURCHARGE FEE .00 .00 .00 .00
3890 MISCELLAN OUS 109716.66 209000.00 199792.66 207.34- 99.0 ,
rrrr MISCELLANECUS 119581.66 799400.00 899424.13 109024.13 112.6 `
3900 TRANSFERS --•-----�_ _ _ _ .---•-�00- - - ---- -------- ---- -10��7�39.�b��4�5 �6I----- 554i21�F.93=
3910 SPDC CONTRIBUTION 209032.00 .00 2009320.00 2009320.00
••r* TRANSFERS �- ------�- +ZO;D32.DU------ O'br799.06------346_�_846.01 3559952.93- 49.5
FUND TOTALS --------.-_------8369556."38'----- - ---__.-___.-- t43-IId2.-Do L199b69051:77--- -2879730:23- 91.0 _..._.. ._--.>
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TENTATIVE AGENDA
Housing Authority in and for the City of Shakopee,
Minnesota
Adjourned Session December 17 , 1985
Chairperson Vierling presiding
1. Roll Call at 8 : 00 P.M.
2 . Resolution No. 85-27 A Resolution Determining the Necessity
For and Authorizing the Acquisition of Certain Property
by Proceeding in Eminent Domain for Purposes of Constructing
Multi-family Housing for the Senior Poplulation.
(Bring memo from Dec. 10th meeting)
3 . Resolution Adopting a Contract for Private Development
By and Between the Housing and Redevelopment Authority
In and For the City of Shakopee, Minnesota and Depot Place
Apartments Limited Partnership. (Draft for Discussion)
4. Resolution Adopting an Assessment Agreement and Assessor' s
Certification By and Between the Housing Redevelopment
Authority In and For the City of Shakopee, Minnesota and
Depot Place Apartments Limited Partnership. (Draft for Discussion)
5 . Request that the City issue its bonds to provide financing
for the Improvements and that the Authority and the City
enter into the tax increment pledge agreement respecting
such bonds required by Minnesota Statutes , Section 273 .77
(a) . (Depot Place)
6 . Discussion of the 1987 Small Cities Development Grant
a. Presentation by Scott Carver Economic Council
b. Authorization to hire temporary staff
7. Other Business
a. _.
b.
8 . Adjourn
Jeanne Andre
Executive Director
Shakopee HRA
O 'CONNOR & HANNAN 4�3
ATTORNEYS AT LAW
3600 1 05 TOWER SUITE 800
1919 PENNSYLVANIA AVENUE,N.IN
BO SOUTH EIGHTH STREET wASNINGTON,O.C_ 20008-3.83
MINNEAPOLIS, MINNESOTA 55402-2254 (202)887-1400
SUITE 4700 ONE UNITED BANK CENTER
(6 12) 341-3600 1700 LINCOLN STREET
TELEX 29-OS84 OENVER,COLORADO 80203
TELECOPIER 612 341-3800 (256) (303)830-1700
VELAZOUEZ,21
MADRIO 1,SPAIN
431-31-00
DANIEL L. WILES
December 10 , 1985 TELEX 23543
(612` 343-1219
Mr. John Anderson Mr. Larry Smith
Ms. Jeanne Andre Housing Alliance, Inc.
City of Shakopee 200 Butler North
129 East lst Avenue 510 First Avenue North
Shakopee, MN 55379 Minneapolis, MN 55403
Mr . Jonathan P. Scoll -
Doherty, Rumble & Butler
3700 IDS Tower
Minneapolis, MN 55402
RE: Shakopee
our File Number 13 , 889-020
Gentlemen and Ms. Andre:
Enclosed please find the first draft of the Contract
for Private Development between the Housing and Redevelopment
Authority in and for the City of Shakopee, Minnesota and
Depot Place Apartments Limited Partnership. I did not
remember the exact name chosen for the partnership so I ad-
libbed.
The Development Agreement contains provisions related
directly to the land write down, the demolition of existing
structures, the relocation of residence and the interest
reduction program. You will note that some business terms
have been left blank and are subject to negotiation. I
propose that we speak by telephone in the afternoon of _
Wednesday, December 11 in order that we can finalize this
agreement. If you have any questions or comments please
feel free to call me. Best regards.
VTn
my yours,
K vue s
DLW/meh
Enclosure
BND/shakope122
Draft : December 9 , 1985
Proj . Minn Riv Valley Housing & Redev Proj #1
CONTRACT
FOR
PRIVATE DEVELOPMENT
By and Between .
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF
SHAKOPEE, MINNESOTA
And
DEPOT PLACE APARTMENTS LIMITED PARTNERSHIP
This document drafted by: O'CONNOR & HANNAN
3800 IDS Center
Minneapolis, Minnesota 55402
TABLE OF CONTENTS
(This Table of Contents is not part of the Contract
for Private Development and is only for
convenience of reference. )
Page
PARTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
PREAMBLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
ARTICLE I - DEFINITIONS
Section 1. 1. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1
ARTICLE II - REPRESENTATIONS AND WARRANTIES
Section 2 .1. Representations and Warranties by
the Authority. . . . . . . . . . . . . . . . . . . . . 2-1
Section 2 . 2 . Representations andWarranties by
the Company. . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
ARTICLE III - LAND TRANSACTIONS; UNDERTAKINGS OF THE
AUTHORITY
Section 3.1. Purchase of Development Property
by the Company; Subsequent
Conveyance and Reconveyance. . . . . . . . . . . 3-1
Section 3. 2. Qualifying Improvements. . . . . . . . . . . . . . . 3-1
Section 3 . 3 . Purchase of the Development
Property by the Authority;
Purchase Price. . . . . . . . . . . . . . . . . . . . . . . 3-1
Section 3 .4 . Reconveyance of the Development
Property; Development Property
Deed; Costs. . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
Section 3 . 5. Interest Reduction Program. . . . . . . . . . . . 3-4
ARTICLE IV - CONSTRUCTION OF MINIMUM IMPROVEMENTS
Section 4. 1. Construction of Minimum
Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . 4-1
Section 4 . 2 . Construction Plans. . . . . . . . . . . . . . . . . . . . 4-1
Section 4. 3 . Commencement and Completion of
Construction. . . . . . . . . . . . . . . . . . . . . . . . . . 4-2
Section 4 . 4. Certificate of Completion. . . . . . . . . . . . . 4-3
ARTICLE V - INSURANCE AND CONDEMNATION
Section 5. 1. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
Section 5. 2 . Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
ARTICLE VI - ASSESSMENT AGREEMENT
Section 6 . 1. Execution of Assessment Agreement. . . . . 6-1
Section 6 . 2 . Real Property Taxes . . . . . . . . . . . . . . . . . . . 6-1
Section 6 . 3 . Guarantees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2
( i )
ARTICLE VIZ - USE OF TAX INCREMENTS
Section 7 . 1 . Use of Tax Increments. . . . . . . . . . . . . . . . . 7-1
Section 7 . 2 . Reserve Fund. . . . . . . . . . . . . . . . . . . . . . . . . .7-2
ARTICLE VIII - PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER;
PAYMENT TO AUTHORITY ON SALE OF PROJECT;
INDEMNIFICATION
Section 8 . 1. Prohibition of Certain Transfers
of Partnership Interests . . . . . . . . . . . . . 8-1
Section 8 . 2 . Prohibition Against Transfer of
Property and Assignment of
Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
Section 8. 3 . Payment to Authority Upon Transfer
of Project; Authority Mortgage. . . . . . . .8-4
Section 8. 4. Release and Indemnification
Covenants. . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-5
Section 8. 5 . Approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-6
ARTICLE IX - EVENTS OF DEFAULT
Section 9 . 1. Events of Default Defined. . . . . . . . . . . . . 9-1
Section 9 . 2. Remedies on Default. . . . . . . . . . . . . . . . . . 9-1
Section 9 . 3. Revesting Title in the Authority
Upon Happening of Event Subsequent
to Conveyance to the Company. . . . . . . . . .9-2
Section 9 . 4 . Resale of Reacquired Property;
Disposition of Proceeds . . . . . . . . . . . . . . .9-4
Section 9 . 5. No Remedy Exclusive. . . . . . . . . . . . . . . . 9-6
Section 9 . 6 . No Additional Waiver Implied by One
Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-6
Section 9 .7 . Agreement to Pay Attorney' s Fees
and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . .9-7
ARTICLE X - ADDITIONAL PROVISIONS
Section 10 . 1. Restrictions on Use. . . . . . . . . . . . . . . . . . 10-1
Section 10 . 2 . Conflicts of Interest. . . . . . . . . .10-1
Section 10. 3 . Provisions Not Merged WithDeed. . . . . .10-1
Section 10 . 4. Titles of Articles and Sections. . . . . .10-1
Section 10 . 5 . Notices and Demands. . . . . . . . . . . . . . . . . .10-1
Section 10 . 6 . Counterparts. . . . . . . . . . . . . . . . . . . . . . . . .10-2
Section 10 . 7. Law Governing. . . . . . . . . . . . . . . . . . . . . . . . 10-2
ARTICLE XI - TERMINATION OF AGREEMENT
Section 11 .1. The Company' s Options to
Terminate. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1 _
Section 11. 2. Action to Terminate. . . . . . . . . . . . . . . . . .11-1
Section 11. 3 . Effect of Termination. . . . . . . . . . . . . . . .11-1
TESTIMONIUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-2
SIGNATURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-2
EXHIBIT A - Development Property. . . . . . . . . . . . . . . . . . . . . . . . .A-1
( ii )
EXHIBIT B - Certificate of Completion and Release of
Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .B-1
EXHIBIT C - Permitted Encumbrances . . . . . . . . . . . . . . . . . . . . . . .0-1
EXHIBIT D - Qualifying Improvements . . . . . . . . . . . . . . . . . . . . . .D-1
EXHIBIT E - Certificate of Qualifying Improvements . . . . . . .E-1
( iii )
CONTRACT FOR PRIVATE DEVELOPMENT
THIS AGREEMENT, made on or as of the day of
December, 1985 , by and between the Housing and Redevelopment
Authority ( the "Authority" ) in and for the City of Shakopee,
Minnesota ( the "City" ) , a public body corporate and politic,
having its principal office at 129 East 1st Avenue,
Shakopee, Minnesota 55379 , and Depot Place Apartments
Limited Partnership, a limited partnership organized and
existing under the laws of the State of Minnesota ( the
"Company" ) .
WITNESSETH:
WHEREAS, the Authority has all the powers of a housing
and redevelopment authority under the Municipal Housing and
Redevelopment Act , Minnesota Statutes, Sections 462 . 411 to
462 .716 , inclusive, as amended ( the "Housing and Redevelop-
ment Act" ) .
WHEREAS, in furtherance of the objectives of the Housing
and Redevelopment Act, the Authority has undertaken a pro-
gram to acquire, or otherwise promote development of, open
or undeveloped land which is determined to be blighted by
virtue of conditions of unusual and difficult physical char-
acteristics of the land, and to provide maximum opportunity
for the development thereof by private enterprise and in
this connection is engaged in carrying out the redevelopment
project known as the Minnesota River Valley Housing and
Redevelopment Project No. 1 (hereinafter referred to as the
"Redevelopment Project" ) in an area (hereinafter referred to
as the "Project Area" ) located in the City; and
WHEREAS, as of the date of this Agreement there has been
prepared and approved by the Authority and the City Council
of the Authority, pursuant to the Housing and Redevelopment
Act, a Redevelopment Plan for the Redevelopment Project
(which plan, as amended, and as it may be further amended,
is hereinafter referred to as the "Redevelopment Plan" ) , and
WHEREAS, as of the date of this Agreement there has been
prepared and approved by the Authority and the City, pur-
suant to Minnesota Statutes Section 273 . 74, a -Tax Increment
Financing Plan for Tax Increment Financing District No. 6 of
the Redevelopment Project (which plan, as amended, and as it
may be further amended, is hereinafter referred to as the
"Tax Increment Financing Plan" ) , providing for the use of
tax increment financing in connection with the Redevelopment
Project; and
WHEREAS, the acquisition and the subsequent sale or
lease of the potential development property to private
developers for commercial development are stated objectives
of the Redevelopment Plan and the Tax Increment Financing
Plan; and
WHEREAS, in order to achieve the objectives of the Rede-
velopment Plan and particularly to make the land in the
Project Area available for development by private enterprise
in conformance with the Redevelopment Plan, the Authority
has determined to provide substantial aid and assistance in
connection with the Redevelopment Plan through the financing
of certain of the public costs of development within Project
Areas; and
WHEREAS, the Authority believes that the construction of
an approximately 44 unit residential rental project, to be
targeted for occupancy primarily by the elderly and possibly
including a restaurant within the Project Area by the
Company pursuant to this Agreement, and fulfillment
generally of this Agreement, is in the best interests of the
City and the health, safety, morals and welfare of its
residents, and in accord with the public purposes and
provisions of the applicable State and local laws and re-
quirements under which the Redevelopment Plan has been
undertaken and is being assisted; and
NOW, THEREFORE, in consideration of the premises and the
mutual obligations of the parties hereto, each of them does
hereby covenant and agree with the other as follows:
2 _
3
ARTICLE I
Definitions
Section 1 . 1. Definitions. In this Agreement, unless a
different meaning clearly appears from the context :
"Agreement" means this Contract for Private Development
by and between the Authority and the Company, as the same
may be from time to time modified, amended or supplemented.
"Articles and Sections" mentioned by number only are the
respective Articles and Sections of this Agreement so num-
bered.
"Assessor ' s Minimum Market Value" means the agreed mini-
mum market value for property tax purposes certified by the
Assessor for the City of Shakopee for the Project pursuant
to the Assessment Agreement.
"Assessment Agreement" means the assessment agreement to
be executed by and between the Authority and the Company,
and certified by the Assessor for the City, pursuant to the
provisions and requirements of Minnesota Statutes 273 .76
Subdivision 8, establishing the Assessor ' s Minimum Market
Value.
"Authority" means the Housing and Redevelopment Author-
ity in and for the City of Shakopee, Minnesota.
"Authority Closing Date" means the date upon which the
Authority closes on its purchase of the Development Property
whether by negotiated sale or condemnation.
"Authority Mortgage" means the Mortgage upon the Project
given by the Company to the Authority pursuant to Section
8. 3(b) .
"Building Inspector" means the building inspector of
Shakopee, Minnesota.
"Certificate of Completion" means the certification, in
the form of the Certificate attached as Exhibit B hereto,
provided to the Company or its successors or assigns pursu-
ant to Section 4. 4 of this Agreement, upon satisfactory
completion of the Minimum Improvements .
"City" means the City of Shakopee, Minnesota.
"Company" means Depot Place Apartments Limited Partner-
ship, a limited partnership organized and existing under the
1 - 1
3
laws of Minnesota, or its successors or assigns under this
Agreement .
"Company Closing Date" shall have the meaning assigned
to it in Section 3 . 3 .
"Condemnation Award" means the amount remaining from an
award to the Company for the acquisition of title to and
possession of the Project, or any material part thereof,
after deducting all expenses ( including fees and disburse-
ments of counsel) incurred in the collection of such award.
"Construction Plans" means the plans, specifications,
drawings and related documents on all construction work to
be performed by the Company on the Development Property,
including all on-site improvements to be performed, in-
stalled or constructed upon the Development Property pur-
suant to this Agreement, and including adequate specifica-
tions detailing all Qualifying Improvements to be performed
on the Development Property. Such plans shall, at a mini-
mum, include, for each building or other structure to be
constructed on the Development Property, at least the fol-
lowing: ( i ) site plan; ( ii) foundation plan; ( iii ) basement
plans; ( iv) floor plan for each floor; (v) cross sections of
each ( length and width) ; (vi ) elevations (all sides) ; and
(vii) landscape plan, and shall include as well adequate
plans, drawings and specifications relating to all drive-
ways, walks, parking, and other improvements to be con-
structed upon the Development Property by the Company. The
Site Plan submitted by the Company to the Building Inspector
for the City, if approved by the Building Inspector and
acceptable to the Authority, may serve as the Construction
Plans.
"Council" means the City Council of Shakopee, Minnesota.
"County" means the County of Scott, Minnesota.
"Development Property" means the real property described
in Exhibit A of this Agreement .
"Development Property Deed" means a quitclaim deed used
to convey the Development Property from the Authority to the
Company. _
"Environmental Assessment Worksheet"means the Environ-
mental Assessment Worksheet, if any, prepared pursuant to
Minnesota Statutes Section 116D. 04 for the proposed improve-
ments to the Development Property.
"Event -of Default" means an action by the Company listed
in Section 10 . 1 of this Agreement .
1 - 2
"First Mortoag_e" means either a primary mortgage commit-
ment obtained by the Company from a commercial lender or
other national banking organization to fund the major por-
tion of the construction costs and initial operating capital
requirements of the Minimum Improvements or a Mortgage,
Security Agreement, and Fixture Financing Statement to be
executed by the Company in connection with the issuance by
the Authority of its industrial revenue development bonds or
notes to fund the major portion of the construction costs of
the Minimum Improvements .
"Holder" means the owner of a Mortgage .
"Interest Reduction Program" means the Interest Reduc-
tion Program adopted for the Project by the Authority, pur-
suant to Section 3 . 5.
"Minimum Improvements" means the approximately 44 unit
apartment building with attached restaurant, which shall
also include all other improvements, including driveways,
walks, and parking and fixtures and equipment, to be con-
structed by the Company upon the Development Property pur-
suant to this Agreement, as such improvements are defined in
the Construction Plans.
"Minnesota Environmental Policy Act" means the statutes
located at Minnesota Statutes, Sections 116D. 01 et seq. , as
amended.
"Minnesota Environmental Rights Act" means the statutes
located at Minnesota Statutes, Sections 116B. 01 et seq. , as
amended.
"Mortgage" means any mortgage made by the Company which
is secured, in whole or in part, by the Development Prop-
erty, or any portion or parcel thereof, or any improvements
constructed thereon.
"National Environmental Policy Act" means the federal
law located at 42 U.S.C. , Sections 4331 et seq. , as amended.
"Net Proceeds" means any proceeds paid by an insurer to
the Company, the Holder of any Mortgage, or the Authority
under a policy or policies of insurance maintained by the `
Company with respect to the Project and remaining after
deducting all expenses ( including fees and disbursements of
counsel) incurred in the collection of such proceeds .
"Party" means either the Company or the Authority.
"Parties" means the Company and the Authority.
1 - 3
3
"Permitted Encumbrances" means the encumbrances des-
cribed in Exhibit C of this Agreement .
"Project" means the Development Property and the com-
pleted Minimum Improvements .
"Project Area" means the real property located within
the boundaries of the Redevelopment Project .
"Redevelopment Plan" means the Modified Redevelopment
Plan for Minnesota River Valley Housing and Redevelopment
Project No. _, as amended and as it shall be amended.
"Redevelopment Project" means the Minnesota River Valley
Housing and Redevelopment Project No.
"Reserve Fund" means the Reserve Fund to be created
pursuant to Section 7. 2 hereof.
"State" means the State of Minnesota.
"Tax Increment" means the tax increment generated by the
Project, calculated as provided in Minnesota Statutes,
Section 273 . 73 et seq.
"Tax Increment Bonds" means the Tax Increment Bonds
which the Authority intends to issue to finance certain
public costs associated with the Redevelopment Plan and the
Project. The term "Tax Increment Bonds" shall also include
any obligations issued to refund the Tax Increment Bonds.
"Tax Increment District" means the Tax Increment
Financing District No. 6.
"Tax Increment Financing Act" means the statutes located
at Minnesota Statutes, Sections 273.71 through 273.78, in-
clusive, as amended.
"Tax Increment Financing Plan" means the Tax Increment
Financing Plan for the Tax Increment District.
"Tax Official" means any City or County Assessor; County
Auditor; City, County or State Board of Equalization; the
Commissioner of Revenue of the State; or any State or Fed-
eral District Court, the Tax Court of the State or the State
Supreme Court.
"Termination Date" means the date of expiration of the
Assessment Agreement as provided in Section 6 . 1.
1 - 4
"Unavoidable Delays" means delays, outside the control
of the Party claiming its occurrence, which are the direct
result of strikes, other labor troubles , unusually severe or
prolonged bad weather , Acts of God, fire or other casualty
to the Minimum Improvements, litigation commenced by third
parties which, by injunction or other similar judicial ac-
tion, directly results in delays, or acts of any federal ,
state or local governmental unit (other than the Authority)
which directly result in delays .
1 - 5
_3
ARTICLE II
Representations and Warranties
Section 2 . 1 . Representations and Warranties by the
Authority. The Authority represents and warrants that:
(a) The Authority has all the powers of a Housing
and Redevelopment Authority under the laws of the
State. Under the provisions of the Housing and Redevel-
opment Act, the Authority has the power to enter into
this Agreement and carry out its obligations hereunder .
(b) The Redevelopment Project is a "redevelopment
project" within the meaning of the Housing and Redevel-
opment Act and was created, adopted and approved in
accordance with the terms of the Housing and Redevelop-
ment Act.
(c) The Authority has examined this Agreement, and
has determined that its terms and provisions are in
accordance with the objectives embodied in the Redevel-
opment Plan, and are in the best interests of the City
and the health, safety, morals and welfare of its resi-
dents.
(d) The Tax Increment District is a "tax increment
financing district" within the meaning of the Tax Incre-
ment Financing Act, and was created, adopted and
approved in accordance with the provisions of the Tax
Increment Financing Act.
(e) Subject to fullfillment of the terms and con-
ditions of this Agreement by the Company, the Authority
shall purchase the Development Property and reconvey the
Development Property to the Company as provided in Arti-
cle III hereof for uses in accordance with the Redevel-
opment Plan and this Agreement.
(f) The Authority makes no representation or war-
ranty, either express or implied, as to the Development
Property or its condition or soil conditions thereon, or
that the Development Property shall be suitable for the
Company' s purposes or needs .
Section 2 . 2 . Representations and Warranties by the
Company. The Company represents and warrants that :
(a) The Company is a limited partnership duly
organized and in good standing under the laws of the
State, is not in violation of any provisions of its
partnership agreement or the laws of the State and has
2 - 1
power to enter into this Agreement and to perform its
obligations hereunder .
(b) In the event the Development Property is con-
veyed to the Company by the Authority, then the Company
will construct , operate and maintain the Minimum Im-
provements upon the Development Property in accordance
with the terms of this Agreement, the Redevelopment Plan
and all local, state and federal laws and regulations
( including, but not limited to, environmental, zoning,
building code and public health laws and regulations ) .
(c) The Minimum Improvements will be constructed
at a cost of approximately $ ( including the cost
of both real and personal property) .
(d) The Company is aware of the actions taken by
the Authority with respect to local, state and federal
environmental laws and regulations, including the
National Environmental Policy Housing and Redevelopment
Act of 1969 and the Minnesota Environmental Policy
Housing and Redevelopment Act and the Company has no
knowledge of any reason why such actions will not be
fully adequate to comply with such laws . The Company
has received no notice or communication from any local,
state or federal official that the activities of the
Company or the Authority in the Development District may
be or will be in violation of any environmental law or
regulation (other than those notices or communications
of which the Authority has been notified) . The Company
is aware of no violation "of any local, state or federal
environmental law, regulation or review procedure, nor
of any facts which would give any person a valid claim
under the Minnesota Environmental Rights Act.
(e) The Company will use its best efforts to con-
struct the Minimum Improvements in accordance with all
local, state or federal energy-conservation laws or
regulations.
(f) The Company will use its best efforts to
obtain, in a timely manner, all required permits, li-
censes and approvals, and to meet, in a timely manner ,
all requirements of all applicable local, state and
federal laws and regulations which must be obtained or
met before the Minimum Improvements may be lawfully con-
structed.
(g) Neither the execution and delivery of this
Agreement, the consummation of the transactions contem-
plated hereby, nor the fulfillment of or compliance with
the terms and conditions of this Agreement and the
2 - 2
Assessment Agreement is prevented or limited by, or in
conflict with or will result in a breach of, the terms,
conditions or provisions of the partnership agreement of
the Company or any evidences of indebtedness , agreement
or instrument of whatever nature to which the Company is
now a party or by which it is bound, or will constitute
a default under any of the foregoing.
(h) The Company will cooperate with the Authority
and the City with respect to any litigation commenced
with respect to the Development Property or the Minimum
Improvements.
( i ) The Company warrants that it reasonably be-
lieves that the financing commitments which the Company
has obtained to finance construction of the Minimum
Improvements will be sufficient to enable the Company to
successfully complete the Minimum Improvements in con-
formance with the Construction Plans.
2 - 3
ARTICLE III
Land Transactions ; Undertakings of the Authoritv
Section 3 . 1 . Purchase of the Development Property by
the Authority.
(a) Purchase of Development Property. Subject to
the provisions of paragraphs (b) and (c) of this Section
3 .1 , within one hundred twenty ( 120 ) days of execution
of this Agreement, the Authority will acquire the
Development Property by purchase ( the date of such
closing, the "Authority Closing Date" ) ; provided that if
the Authority will not be in default hereunder if the
acquisition of the Development Property is delayed by
the need to acquire property by the exercise of eminent
domain or the institution, maintenance or result of any
court action.
(b) Title Insurance. Prior to the Authority
Closing Date, the Company shall take all steps necessary
to obtain a commitment for the issuance of an owner ' s
title insurance policy with respect to the Development
Property. The commitment shall be obtained from a title
insurance company licensed to do business in the
State. The commitment shall name the Authority as an
insured and shall be issued in at least the full amount
of the purchase price paid by the Authority for the
Development Property. The commitment shall be subject
solely to Permitted Encumbrances. The Company shall
obtain such commitment and deliver a copy of such
commitment to the Authority at least five ( 5) days prior
to the Authority Closing Date. Failure of the Authority
to object in writing to the title conveyed prior to the
Authority Closing Date shall constitute acceptance of
such title in all respects by the Authority, and any
objections of the Authority to such title shall be
deemed waived.
(c) Conditions Precedent. The Authority' s obliga-
tion to purchase the Development Property shall be
subject to satisfaction of the following conditions
precedent:
( i) The Company shall be in material compli-
ance with all the terms and provisions of this
Agreement;
( ii) The Company shall have submitted Con-
struction Plans, which shall have been approved by
the Authority, pursuant to Section 4 . 2 of this
Agreement ;
3 - 1
( iii ) The Authority shall be satisfied that the
Company has firm commitments for construction and
permanent financing for the Project in an amount
sufficient, together with equity commitments, to
complete the Project in conformance with the Con-
struction Plans, or the Authority shall receive
such other evidence of financial ability as in the
reasonable judgment of the Authority is required;
( iv) Execution by and between the Authority
and the Company of an Assessment Agreement pursuant
to Section 6 .1 of this Agreement;
(v) Receipt by the Authority of the title
insurance policy required by Section 3 .1(b) ; and
(vi) Execution by the Company of the Authority
Mortgage required by Section 8 . 3(b) .
The Company agrees that, if, upon the Authority Closing
Date, all conditions precedent provided above in Subsec-
tions 3.1(c) ( i) through 3.1(c) (vi) are not satisfied,
the Authority shall have no obligation under this Agree-
ment to purchase the Development Property.
Section 3 . 2 . Additional Undertakings of Authority. As
consideration for the execution of the Agreement and
construction of the Minimum Improvements by the Company, the
Authority further agrees to undertake and finance the
following public redevelopment costs of the Project : ( i )
demolition and removal of all existing structures on the
Development Property; and ( ii) relocation of all existing
residents on the Development Property in conformance with
Minnesota Statutes, Section 472A.12 . The Authority agrees
that such relocation and demolition will be completed as
quickly as possible by the Authority subsequent to
acquisition of the Development Property by the Authority,
and in any case shall be completed within ninety ( 90 ) days
subsequent to the Authority Closing Date. Any other
provision of this Section 3 . 2 notwithstanding, the
Authority' s obligations to commence and continue its
undertakings under this Section 3 . 2 shall be subject to the
continuing existence of the following conditions:
(1) The Company has satisfied all conditions precedent
under this Agreement to the obligation of the Authority to
acquire the Development Property under Section 3 .1(c) ;
( 2 ) There does not occur an Event of Default under
Article X of this Agreement ; and
3 - 2
g
( 3) There has not been, nor does there occur a sub-
stantial change for the worse in the financial resources and
ability of the Company, or a substantial decrease in the
financing commitment secured by the Company for construction
of the Minimum Improvements, which change( s ) makes it sub-
stantially more likely, in the reasonable judgment of the
Authority, that the Company will be unable to fulfill its
covenants and obligations under this Agreement .
Section 3 . 3 . Conveyance of the Development Property to
Company; Development Property Deed; Costs .
(a) Conveyance; Development Property Deed. Sub-
sequent to purchase of the Development Property by the
Authority and completion of the Authority' s undertakings
under Section 3 . 2, the Authority shall convey title and
possession of the Development Property to the Company
under a quitclaim deed ( the "Development Property Deed" )
for the sum of One Dollar ( $1. 00 ) , payable at closing by
cash. The conveyance of the Development Property and
the Company' s use of the Development Property shall be
subject 'to all of the conditions, covenants,
restrictions and limitations imposed by this Agreement
and the Development Property Deed. The conveyance of
title to the Development Property and the Company' s use
of the Development Property shall also be subject to the
Permitted Encumbrances and building and zoning laws and
ordinances and all other local, state and federal laws
and regulations .
(b) Costs . Unless otherwise mutually agreed by
the Authority and the Company, the execution and deliv-
ery of all deeds shall be made at the principal office
of the Authority. The Development Property Deed shall
be in recordable form and shall be promptly recorded,
with this Development Agreement attached thereto as an
Exhibit. The Company shall pay all costs for recording
the Development Property Deed, if any; the Development
Property Deed will be processed by the Parties to be
exempt from recording fees and deed tax to the extent
possible. The Company shall also pay at closing all
costs incurred by the Authority for preparation of the
Development Property Deed.
Section 3. 4 . Title. The Authority shall voluntarily
take no actions to encumber title, or fail to take any
necessary action to prevent encumbrance of title, to the
Development Property between the time at which the Authority
acquires title to the Development Property and the time at
which the Development Property Deed is delivered to the
Company. Upon delivery of the Development Property Deed to
the Company pursuant to this Section 3 . 4 , all responsibil-
3 - 3
ities and liabilities whatsoever with respect to title to
the Development Property shall from such date forward be the
sole responsibility of the Company.
Section 3 . 5 . Interest Reduction Program; Rent
Reduction. Subject to the limitations of applicable law,
the Authority will undertake an interest reduction program
pursuant to Minnesota Statutes, Section 462 . 445 , subds . 10
through 13, with respect to the Project ( the "Interest
Reduction Program" ) . Subject to any limitations placed on
its ability to undertake and continue with the Interest
Reduction Program by applicable law, the Authority agrees
that pursuant to the Interest Reduction Program and
Minnesota Statutes, Section 462 . 445, Subd. 10 (a) , it will
pay to the Holder of the First Mortgage (or shall make such
other payment arrangements as the Authority and its counsel
shall deem lawful and appropriate to carry out the
Authority ' s undertakings set forth in this Section) , the sum
of Dollars ( $ ) the payment
calculated pursuant to the following paragraph annually on
1 of each year commencing 1, 19 and
concluding 1, 19—, inclusive, as interest on the
First Mortgage; provided, however, that the Authority shall
be required to make such payments on any 1 only if
and to the extent that the Tax Increment generated by the
Project in the preceding calendar year, plus any amount on
deposit in the Reserve Fund, exceed the amount of such
increment pledged to the payment of debt service on the Tax
Increment Bonds from the increment generated in such
calendar year; and provided further , however , that no such
payments shall be made after the date upon which the First
Mortgage has been paid in full or provision for payment
thereof has been made pursuant to the terms of such Bonds .
The annual payment payable by the Authority to the
Holder of the First Mortgage shall be calculated from a
maximum amount of $ ( the "Maximum Amount" ) . The
Maximum Amount shall be reduced by
3 - 4
ARTICLE IV
Construction of Minimum Improvements
Section 4 .1. Construction of Minimum Improvements . The
Company agrees that it will construct the Minimum Improve-
ments on the Development Property in conformance with the
approved Construction Plans. The Company agrees that the
scope and scale of the Minimum Improvements to be con-
structed shall not be significantly less than the scope and
scale of the Minimum Improvements as detailed and outlined
in the Construction Plans .
Section 4 . 2 . Construction Plans.
(a) The Authority shall have no obligation to the
Company to take any action pursuant to any provision of
this Agreement, including acquisition and reconveyance
of the Development Property, until such -time as the
Company has submitted Construction Plans to the Author-
ity, and the Authority has approved such Construction
Plans . The Construction Plans shall provide for the
construction of the Minimum Improvements, and shall be
in conformity with the Development Program, this
Agreement, the Environmental Assessment Worksheet , if
any, prepared with respect to the Project, and all
applicable state and local laws and regulations. The
Authority shall approve the Construction Plans in
writing if : (a) the Construction Plans conform to the
terms and conditions of this Agreement; (b) the Con-
struction Plans conform to the terms and conditions of
the Redevelopment Plan; (c) the Construction Plans con-
form to all applicable federal, State and local laws,
ordinances, rules and regulations; (d) the Construction
Plans are adequate to provide for the construction of
the Minimum Improvements; and (e) no Event of Default
has occurred; provided, however , that any such approval
of the Construction Plans pursuant to this Section 4. 2
shall constitute approval for the purposes of this
Agreement only and shall not be deemed to constitute
approval or waiver by the City with respect to any
building, zoning or other ordinances or regulation of
the City, and shall not be deemed to be sufficient plans
to serve as the basis for the issuance of a building
permit if the Construction Plans are not as detailed or
complete as the plans otherwise required for the
issuance of a building permit. The Site Plan submitted
for the Development Property by the Company to the
Building Inspector shall be adequate to serve as the
Construction Plans, if such Site Plan fulfills the re-
quirements of this Section 4. 2, is approved by the
Building Inspector and is adopted by the Authority.
Such Construction Plans must be rejected in writing by
4 - 1
the Authority within fifteen ( 15 ) days of submission or
shall be deemed to have been approved by the Author-
ity. If the Authority rejects the Construction Plans in
whole or in part, the Company shall submit new or cor-
rected Construction Plans within thirty ( 30 ) days after
receipt by the Company of written notification of the
rejection, accompanied by a written statement of the
Authority specifying the respects in which the Construc-
tion Plans submitted by the Company fail to conform to
the requirements of this Section 4 . 2. The provisions of
this Section 4 . 2 relating to approval, rejection and
resubmission of corrected Construction Plans shall con-
tinue to apply until the Construction Plans have been
approved by the Authority; provided, however , that in
any event the Company shall submit Construction Plans
which are approved prior to conveyance of the Develop-
ment Property to the Company by the Authority or com-
mencement of construction of the Minimum Improvements.
Approval of the Construction Plans by the Authority
shall not relieve the Company of any obligation to com-
ply with the terms and provisions of this Agreement, the
provisions of the Development Program, or the provisions
of applicable Federal, state and local laws, ordinances
and regulations, nor shall approval of the Construction
Plans by the Authority be deemed to constitute a waiver
of any Event of Default.
(b) If the Company desires to make any material
change in the Construction Plans after their approval by
the Authority, the Company shall submit the proposed
change to the Authority for its approval. If the Con-
struction Plans, as modified by the proposed change,
conform to the requirements of this Section 4. 2 with
respect to such previously approved Construction Plans,
the Authority shall approve the proposed change. Such
change in the Construction Plans shall be deemed
approved by the Authority unless rejected in writing
within ten (10 ) days by the Authority with a statement
of the Authority' s reasons for such rejection.
Section 4.3. Commencement and Completion of Construc-
tion. Subject to Unavoidable Delays, the Company shall
commence construction of the Minimum Improvements : ( i )
within sixty ( 60 ) days of the Company Closing Date; or ( ii )
on such other date as the Parties shall mutually agree in
writing. Subject to Unavoidable Delays, the Company shall
have substantially completed the construction of the Minimum
Improvements by , 1987 . All work with respect
to the Minimum Improvements to be constructed or provided by
the Company on the Development Property shall be in con-
formity with the Construction Plans as submitted by the
Company and approved by the Authority.
4 - 2
The Company agrees for itself, and every successor in
interest to the Development Property, or any part thereof ,
and the Development Property Deed shall contain covenants on
the part of the Company for itself and such successors and
assigns , that the Company, and such successors and assigns ,
shall promptly begin and diligently prosecute to completion
construction of the Minimum Improvements thereon, and that
such construction shall in any event be commenced and com-
pleted within the period specified in this Section 4 . 3 of
this Agreement. It is intended and agreed, and the Develop-
ment Property Deed shall so expressly provide, that such
agreements and covenants shall be covenants running with the
land and that they shall, in any event, and without regard
to technical classification or designation, legal or other-
wise, and except only as otherwise specifically provided in
this Agreement, be, to the fullest extent permitted by law
and equity, binding for the benefit of the Authority and
enforceable by the Authority against the Company and its
successors and assigns. Subsequent to conveyance of the
Development Property, or any part thereof, to the Company,
and until construction of the Minimum Improvements has been
completed, the Company shall make reports to the Authority,
in such detail and at such times as may reasonably be re-
quested by the Authority, as to the actual progress of the
Company with respect to construction of the Minimum Improve-
ments. The Company also agrees that it shall allow desig-
nated representatives of the Authority to enter upon the
Development Property during the construction of the Minimum
Improvements to inspect such construction.
Section 4 . 4 . Certificate of Completion.
(a) Promptly after completion of the Minimum Im-
provements in accordance with the provisions of this
Agreement, the Authority will furnish the Company with a
Certificate of Completion, in substantially the form set
forth in Exhibit B attached hereto. Such Certificate of
Completion shall be (and it shall be so provided in the
Development Property Deed and in the Certificate of
Completion itself) a conclusive determination of satis-
faction and termination of the agreements and covenants
in this Agreement and in the Development Property Deed
with respect to the obligations of the Company, and its
successors and assigns, to construct the Minimum Im-
provements.
(b) The Certificate of Completion shall be re-
corded in the proper office for the recordation of deeds
and other instruments pertaining to the Development
Property. If the Authority shall refuse or fail to
provide a Certificate of Completion in accordance with
the provisions of this Section 4 . 4 of this Agreement,
the Authority shall, within ten ( 10 ) days after written
4 - 3
1
request by the Company or its successors or assigns ,
provide the Company, its successors or assigns with a
written statement , indicating in adequate detail in what
respects the Company, its successors or assigns has
failed to complete the Minimum Improvements in accor-
dance with the provisions of this Agreement , or is
otherwise in default under the terms of this Agreement ,
and what measures or acts it will be necessary, in the
opinion of the Authority, for the Company to take or
perform in order to obtain such Certificate of Comple-
tion.
4 - 4
ARTICLE V
Insurance and Condemnation
Section 5 . 1 . Insurance. At all times prior to the
Termination Date, the Company will insure the Minimum
Improvements in the manner and amounts usual and customary
for facilities of the same general nature, including ,
but
not limited to, insurance against loss and/or damage to the
Minimum Improvements under a policy or policies covering
such risks as are ordinarily insured against by similar
businesses, including (without limiting the generality of
the foregoing) fire, extended coverage, vandalism and mali-
cious mischief , explosion, water damage, demolition cost ,
debris removal, and collapse in an amount not less than the
full insurable replacement value of the Minimum Improve-
ments, but any such policy may have a deductible amount of
not more than $25 ,000 . No policy of insurance shall be so
written that the proceeds thereof will produce less than the
minimum coverage required by the preceding sentence, by
reason of co-insurance provisions or otherwise, without the
prior consent thereto in writing by the Authority. The term
"full insurable replacement value" shall mean the actual
replacement cost of the Minimum Improvements (excluding
foundation and excavation costs and costs of underground
flues, pipes, drains and other uninsurable items) and equip-
ment, and shall be determined from time to time at the
request of the Authority, but not more frequently than once
every three years, by an insurance consultant or insurer
selected and paid for by the Company and approved by the
Authority.
Section 5. 2. Condemnation. In the event that title to
and possession of the Minimum Improvements or any material
part thereof shall be taken in condemnation or by the exer-
cise of the power of eminent domain by any governmental body
or other person (except the City or the Authority) so long
as the Assessment Agreement shall remain in effect, the
Company shall, with reasonable promptness after such taking,
notify the Authority as to the nature and extent of such
taking. Upon receipt of any Condemnation Award the Devel-
oper shall elect to either : ( i) use the entire -Condemnation
Award to reconstruct the Minimum Improvements (or , in the
event only a part of Minimum Improvements have been taken,
then to reconstruct such part) upon the Development Property
or elsewhere within the Redevelopment Project; or ( ii) pay
to the Authority out of the Condemnation Award, to the ex-
tent any such Condemnation Award is sufficient for such
purpose, prior to the Termination Date, the present value of
sum of the real property taxes which would have been
assessed upoemna-
nd hen Term nat on Date,
essuch ecalculation date of ctocd
the Project be based
tion a
5 - 1
upon ( 1) the Assessor ' s Minimum Market Value specified in
the Assessment Agreement pursuant to Section 6 . 1 of this
Agreement, and ( 2) the then-effective mill rate upon the
date of such condemnation, such sum to be discounted to
present value based upon ( 1 ) the number of years between the
date of such condemnation and the date of expiration of the
Assessment Agreement, and ( 2 ) an interest rate of ten ( 10 )
percent. The provisions of this Section 5 . 2 shall be sub-
ordinate to any conflicting provisions of any First Mortgage
applying such Net Proceeds to payment of the First Mortgage,
provided that any amounts of Net Proceeds remaining after
application to payment of such First Mortgage shall be
applied as provided in this Section 5 . 2 .
5 - 2
ARTICLE VI
Assessment Aqreement
Section 6 . 1 . Execution of Assessment Aqreement . The
Company shall agree to and execute with the Authority prior
to purchase of the Development Property by the Authority or
reconveyance thereof to the Company, an Assessment Agreement
pursuant to the provisions of Minnesota Statutes 273 . 76 ,
Subdivision 8 , specifying the Assessor ' s Minimum Market
Value which shall be established with respect to the Project
for calculation of real estate taxes . Specifically, the
Company shall agree that as of January 2, 1988 , all improve-
ments to the Project with respect to which any real estate
taxes are levied or assessed and payable by the Company
shall be assessed to be of a market value of no less than
$ ( the Assessor ' s Minimum Market Value) . Nothing in
the Assessment Agreement shall limit the discretion of the
assessor to assign a market value to the property in excess
of such Assessor ' s Minimum Market Value nor prohibit the
Company. from seeking through the exercise of legal or admin-
istrative remedies a reduction in such market value for
property tax purposes, provided however, that the Company
shall not seek a reduction of such market value below the
Assessor ' s Minimum Market Value in any year so long as the
Assessment Agreement shall remain in effect. The Assessment
Agreement shall remain in effect until December 31,
( the "Termination Date" ) . The Assessment Agreement shall be
certified by the Assessor for the City as provided in Minne-
sota Statutes 273 .76, Subdivision 8 upon a finding by the
Assessor that the Assessor ' s Minimum Market Value represents
a reasonable estimate based upon the plans and specifica-
tions for the improvements to be constructed on the Develop-
ment Property and the market value previously assigned to
the Development Property. Pursuant to Minnesota Statutes
Section 273 .76, Subdivision 8, the Assessment Agreement
shall be filed for record in the office of the county recor-
der or registrar of titles of Scott County, and such filing
shall constitute notice to any subsequent encumbrancer or
purchaser of the Development Property, whether voluntary or
involuntary, and such Assessment Agreement shall be binding
and enforceable in its entirety against any such subsequent
purchaser or encumbrancer , including the Holder of the First
Mortgage.
Section 6 . 2 . Real Property Taxes.
(a) The Company shall pay all real property taxes
payable with respect to the Development Property and
pursuant to the provisions of the Assessment Agreement
and any other statutory or contractual duty which shall
accrue subsequent to the date of its acquisition of
6 - 1
title to the Development Property and until the Com-
pany' s obligations have been assumed by any other person
with the written consent of the Authority and pursuant
to the provisions of this Agreement .
(b) The Company agrees that prior to the Termina-
tion Date :
( i) It will not seek administrative review or
judicial review of the applicability of any tax
statute relating to the taxation of real property
contained on the Development Property determined by
any Tax Official to be applicable to the project
or the Company or raise the inapplicability of any
such tax statute as a defense in any proceedings,
including delinquent tax proceedings;
( ii) It will not seek administrative review or
judicial review of the constitutionality of any tax
statute relating to the taxation of real property
contained on the Development Property determined by
any Tax Official to be applicable to the project or
the Company or raise the unconstitutionality of any
such tax statute as a defense in any proceedings,
including delinquent tax proceedings;
( iii) It will not seek any tax deferral or
abatement, either presently or prospectively autho-
rized under Minnesota Statutes, Section 273 .86 , or
any other State or federal law, of the taxation of
real property contained in the Development Property
between the date of execution of this Agreement and
the Termination Date.
6 - 2
ARTICLE VII
Use of Tax Increments
Section 7 . 1. Use of Tax Increments . The Project is
located in the Tax Increment District . The Authority shall
be free to use any Tax Increment received from the Tax
Increment District for any purpose for which such increments
may lawfully be used pursuant to the provisions of Minnesota
Statutes Ch. 462 and Section 273 . 75 , subd. 4 , provided that
with respect to Tax Increment generated by the Project in
any calendar year, such Tax Increment shall be applied as
follows :
( i ) first, to payment of debt service on the Tax
Increment Bonds in the applicable Bond Year ;
( ii ) second, with respect to Tax Increment gener-
ated from the Project in calendar years 19 through
19 , to the payment of $ annually on February 1
of the next succeeding calendar year to the payment of
interest rate reduction assistance, pursuant to the
Interest Reduction Program to be established pursuant to
Section 3 . 5 hereof; and
( iii ) third, for deposit to the Reserve Fund, up to
a maximum balance equal to fifteen percent ( 15% ) of the
purchase price of the Tax Increment Bonds to the origi-
nal purchaser thereof.
(iv) fourth, the excess, if any, to any other pur-
pose in the sole discretion of the Authority.
The Authority pledges and agrees to collect from the
County Auditor of Scott, County, Minnesota, the entire Tax
Increment derived from the Project. For purposes of this
Agreement, Tax Increment is received "with respect to" a
particular calendar year if the Tax Increment was generated
by ad valorem real property taxes (or taxes in lieu thereof
pursuant to Minnesota Statutes, Chapter 273) first becoming
due an payable in such calendar year , irrespective' of when
such Tax Increment is actually paid to the Authority. The
Authority shall not use any Tax Increment received with
respect to any calendar year for any purpose other than
those listed in clauses ( i) , ( ii) and ( iii) above ( the -
"Pledged Increment" ) until such amounts shall have been paid
in full; provided, however , that if the Authority shall have
made all payments of Tax Increment required by clauses ( i) ,
( ii) and ( iii) above with respect to the Tax Increment
received with respect to any calendar year , any additional
Tax Increment received by the Authority with respect to such
calendar year in excess of the Pledged Increment ( "Excess
7 - 1
3
Increment" ) shall be retained by the Authority and be avail-
able to the Authority for any legal purpose and shall not be
or thereafter become subject to the lien of this Indenture
for payment of the Bonds , or premium or interest thereon, or
for any other purpose. If the Authority shall not receive
with respect to any calendar year sufficient Tax Increment
to make the payments to the Trustee required by clauses ( i ) ,
( ii ) and ( iii ) above, such shortfall shall not affect the
obligation of the Authority to make such payments in future
years, but the Authority shall have no present or future
obligation to pay such shortfall from any Excess Increment
received in any future year or from any other source whatso-
ever .
Section 7 .2. Reserve Fund. The Authority agrees that
concurrently with the issuance of the Tax Increment Bonds ,
it will establish a Reserve Fund relating to ( i ) payment of
the interest rate reduction assistance to the Company pur-
suant to the terms of Section 3 . 5 hereof, and ( ii ) payment
of debt service on the Tax Increment Bonds. The Reserve
Fund shall be funded. solely from any increment generated
from the Improved Parcel in any year in excess of the
amounts necessary to meet the obligations of the Authority
under clauses ( i) and ( ii) of Section 7 .1 hereof, and shall
be funded to a maximum amount equal to 15 percent of the
original principal amount of the Tax Increment Bonds reduced
by any original purchaser ' s discount on the Tax Increment
Bonds (the "Reserve Requirement" ) . Investment of moneys on
deposit in the Reserve Fund shall be directed by the Author-
ity and shall be subject to any yield restrictions deemed
appropriate by the Authority ' s bond counsel . If in any year
the amount of tax increment generated from the Improved
Parcel is insufficient to pay the interest rate reduction
assistance on the Project pursuant to Section 3 . 5 and 7 . 1
hereof, any such shortfall shall be paid from amounts on
deposit in the Reserve Fund to the extent thereof. The
Authority shall have no obligation to deposit any moneys to
the Reserve Fund in excess of the Reserve Fund Requirement ,
but if the Reserve Fund shall be drawn upon in any year for
payment of either interest rate reduction assistance or debt
service on the Tax Increment Bonds, the Authority shall
restore the balance in the Reserve Fund to the Reserve Fund
Requirement in subsequent years to the extent that tax
increment generated from the Improved Parcel is available
for that purpose pursuant to Section 7 .1 hereof . The -
Authority shall maintain the Reserve Fund until the later of
( i) the Tax Increment Bonds shall have been paid in full or
provision for such payment shall have been made pursuant to
the terms of the Tax Increment Bonds , or ( ii) all interest
rate reduction payments to the Company pursuant to Section
3. 5 shall have been made; thereafter , any amount remaining
in the Reserve Fund shall be available for any lawful
purpose of the Authority.
7 - 2
ARTICLE VIII
Prohibitions Against Assignment and Transfer ; Payment
to Authority on Sale of Project ; Indemnification
Section 8.1. Prohibition of Certain Transfers of Part-
nership Interests . As security for the obligations of the
Company under this Agreement and the Assessment Agreemnt ,
the Company represents and agrees that prior to completion
of the Minimum Improvements as certified by the Authority,
the Company shall comply with the following conditions , and
shall permit no reorganization, termination, transfer of
interest in, assignment of, or other change in the structure
or identity of the Company, except as provided in the fol-
lowing conditions :
( i ) The Company will maintain its existence as a
Minnesota limited partnership and will not wind up or
otherwise dispose of all or substantially all of the
partnership assets ; provided that the Company may sell
or otherwise transfer to a partnership or corporation
organized under the laws of one of the United States, or
an individual, all or substantially all of its partner-
ship assets as an entirety and thereafter wind up and be
discharged from liability hereunder if the transferee
partnership, corporation or individual ( i ) assumes in
writing all of the obligations of the Company under this
Agreement and the Assessment Agreement; and ( ii ) will
have, after giving effect to such transaction, owner ' s
equity ( in the case of a corporation) or combined net
worth of individual partners ( in case of a partnership)
or net worth ( in the case of an individual) at least
equal to $ [this figure to be the current cumula-
tive net worth of the general partners of the partner-
ship, exclusive of value of homesteads and profit-
sharing plan entitlements] . At least thirty ( 30 ) days
before any such transaction becomes effective, the Com-
pany shall give the Authority written notice. Every
such transferee partnership, corporation or individual
referred to in this Section 8.1 shall be bound by all of
the covenants and agreements of the Company herein with
respect to any further sale or transfer .
( ii) Upon any change in the general partners , of
the Company, whether by death, expulsion, withdrawal or -
retirement of a general partner , or the addition of a
new general partner , the Authority shall be promptly
informed and all new members of the partnership as newly
constituted shall deliver to the Authority an instrument
in form satisfactory to the Authority affirming the
joint and several liability of all then existing general
partners for the obligations of the Company.
8 - 1
The withdrawal, retirement, death or expulsion of a
partner shall not automatically discharge the liability of
said party for the obligations of the Company hereunder .
The Authority and the Company agree that subsequent to the
occurrence of one of said events, the general partner
involved (or his estate) shall be discharged from liability
under this Agreement and the Assessment Agreement if , after
said discharge, the combined net worth of the remaining
general partners of the Company ( including any additional
partners, if any) (exclusive of the value of homesteads and
profit-sharing plan entitlements ) , computed in accordance
with acceptable accounting principles applied on a consis-
tent basis, is not less than $ The Authority shall
execute such documents as may be necessary or desirable to
indicate such discharge upon receipt of evidence to said
parties that the net worth requirement has been satisfied,
and provided that no Event of Default under this Agreement
shall have happened and be subsisting on the date of this
discharge.
In determining the combined net worth of the individual
general partners of the Company for purposes of the tests
set forth in this Section 8. 1 , the Authority shall rely upon
a statement by a certified public accountant licensed in . the
State of Minnesota, based upon unaudited statements from the
individual general partners .
Section 8. 2 . Prohibition Against Transfer of Property
and Assignment of Agreement. The Company represents and
agrees that prior to the Termination Date:
(a) Except only by way of security for , and only
for, the purpose of obtaining financing necessary to
enable the Company or any successor in interest to the
Development Property, or any part thereof, to perform
its obligations with respect to making the Minimum Im-
provements under this Agreement , and any other purpose
authorized by this Agreement, the Company (except as so
authorized) has not made or created and will not make or
create or suffer to be made or created any total or par-
tial sale, assignment, conveyance, or lease, or any
trust or power , or transfer in any other mode or form of
or with respect to the Agreement or the Development
Property or any part thereof or any interest therein, or _
any contract or agreement to do any of the same, without
the prior written approval of the Authority.
(b) The Authority shall be entitled to require,
except as otherwise provided in the Agreement, as condi-
tions to any such approval that :
8 - 2
( i ) Any proposed transferee shall have the
qualifications and financial responsibility, in the
reasonable judgment of the Authority, necessary and
adequate to fulfill the obligations undertaken in
this Agreement by the Company.
( ii) Any proposed transferee, by instrument in
writing satisfactory to the Authority and in form
recordable among the land records, shall , for it-
self and its successors and assigns, and expressly
for the benefit of the Authority, have expressly
assumed all of the obligations of the Company under
this Agreement and agreed to be subject to all the
conditions and restrictions to which the Company is
subject unless the Company agrees to continue to
fulfill those obligations, in which case the pre-
ceding provisions of this Section 8. 2 (b) ( ii ) shall
not apply; provided, however , that the fact that
any transferee of, or any other successor in inter-
est whatsoever to, the Development Property, or any
part thereof, shall not, for whatever reason, have
assumed such obligations or so agreed, shall not
(unless and only to the extent otherwise specifi-
cally provided in the Agreement or agreed to in
writing by the Authority) deprive the Authority of
any rights or remedies or controls with respect to
the Development Property or the construction of the
Minimum Improvements; it being the intent of the
Parties as expressed in this Agreement, that ( to
the fullest extent permitted by law and equity and
excepting only in the manner and to the extent
specifically provided otherwise in the Agreement)
no transfer of, or change with respect to, owner-
ship in the Development Property or any part there-
of, or any interest therein, however consummated or
occurring, and whether voluntary or involuntary,
shall operate, legally or practically, to deprive
or limit the Authority of or with respect to any
rights or remedies or controls provided in or
resulting from the Agreement with respect to the
Development Property and the construction of the
Minimum Improvements that the Authority would have
had, had there been no such transfer or change. In
the absence of specific written agreement by the
Authority to the contrary, no such transfer or -
approval by the Authority thereof shall be deemed
to relieve the Company, or any other party bound in
any way by the Agreement or otherwise with respect
to the construction of the Minimum Improvements,
from any of its obligations with respect thereto.
8 - 3
3
( iii ) There shall be submitted to the Authority
for review and prior written approval all instru-
ments and other legal documents involved in effec-
ting the transfer of, any interest in this Agreement
or the Development Property governed by this Arti-
cle VIII .
Section 8. 3 . Pavment to Authority upon Transfer of
Project; Authority Mortgage. In consideration of the assis-
tance provided to the Company pursuant to the Interest
Reduction Program and pursuant to the requirements of Minne-
sota Statutes, Section 462 . 445, Subd. 12 , the Company agrees
as follows :
(a) upon any sale or other transfer of the Project
(other than the transfer to a "related person" within
the meaning of Section 103 (b) ( 6) of the Internal Revenue
Code) the Company shall pay to the Authority an amount
equal to (A) the sale price of the Project, less (B) the
down payment, any payments of principal, other payments
made to construct, acquire or improve the Project and
any outstanding liens or mortgages securing loans,
advances, or goods and services provided for the con-
struction, acquisition or improvement of the Project,
less (C) percent times the difference of clause
(A) and clause (B) [being the amount, if any, which the
Authority determines should be allowed for the Company
as a return on the Company' s investment] , multiplied by
(D) a fraction, the numerator of which is the total
interest reduction payments made by the Authority to the
date of transfer and the denominator of which is the
total of the down payment, all principal and interest
payments including any portion paid by the Authority,
and other payments made to construct, acquire or improve
the Project .
In the event that less than all the Project is
transferred, the Company shall make a payment to the
Authority equal to the amount determined with respect to
the preceding formula based on the sale price of the
portion transferred, provided that the amounts deter-
mined with respect to clauses (B) and (D) of the formula
shall be multiplied by a fraction equal to the propor-
tion of the fair market value of the portion of the
Project transferred bears to the fair market value of -
the entire Project on the date of such transfer . In the
case of a transfer, other than an arm' s length sale, an
appraisal shall be substituted for the sale price.
(b) Authority Mortgage. Upon the Authority
Closing Date, the Company shall execute a mortgage ( the
"Authority Mortgage" ) on the Project in favor of the
8 - 4
Authority securing the payment when due of the amount
determined pursuant to Section 8 . 3 (a) . The Authority
Mortgage shall grant a lien and security interest onto
the Authority of all right, title and interest of the
Company in the Project together with the hereditaments
and appurtenances thereto, including the Development
Property, the Minimum Improvements and all the build-
ings , structures , improvements and appurtenances then
standing or anytime thereafter constructed or placed
upon the Development Property, and shall be otherwise in
form and substance satisfactory to the Authority. The
Authority Mortgage shall provide that the Authority
shall subordinate the Authority Mortgage to the lien and
security interest of any First Mortgage ( including a
first mortgage with respect to construction financing
and/or first mortgage with respect to permanent finan-
cing) obtained by the Company. The lien and the secur-
ity interest of the Authority Mortgage shall be subject
only to Permitted Encumbrances and the lien of the First
Mortgage; provided, however, that the Authority may
subordinate the Authority Mortgage to any other Mortgage
of or encumbrance on the Project if the Authority deter-
mines, in its sole discretion, that such subordination
is necessary or desirable for the construction or opera-
tion of the Project.
Section 8. 4 . Release and Indemnification Covenants.
(a) The Company releases from and covenants and
agrees that the Authority and the City and the governing
body members, officers, agents, servants and employees
thereof shall not be liable for and agrees to indemnify
and hold harmless the Authority and the City and the
governing body members, officers, agents, servants and
employees thereof against any loss or damage to property
or any injury to or death of any person occurring at or
about or resulting from any defect in the Project .
(b) Except for any willful misrepresentation or
any willful or wanton misconduct of the following named
parties, the Company agrees to protect and defend the
Authority and the City and the governing body members,
officers, agents, servants and employees thereof, now or
forever , and further agrees to hold the aforesaid harm-
less from any claim, demand, suit, action or other pro- -
c.eeding whatsoever by any person or entity whatsoever
arising or purportedly arising from this Agreement, or
the transactions contemplated hereby or the acquisition,
construction, installation, ownership, and operation of
the Project.
8 - 5
(c) The Authority and the City and the governing
body members , officers , agents, servants and employees
thereof shall not be liable for any damage or injury to
the persons or property of the Company or its officers ,
agents , servants or employees or any other person who
may be about the Project due to any act of negligence of
any person.
(d) All covenants , stipulations , promises , agree-
ments and obligations of the Authority contained herein
shall be deemed to be the covenants, stipulations, prom-
ises, agreements and obligations of the Authority and
not of any governing body member , officer, agent, ser-
vant or employee of the Authority in the individual
capacity thereof.
Section 8. 5 . Approvals . Any approval of a transfer of
interest in the Company, this Agreement, or the Development
Property required to be given by the Authority under this
Article IX may be denied only in the event that the Author-
ity reasonably determines that the ability of the Company to
perform its obligations under this Agreement, or the overall
financial security provided to the Authority under the terms
of this Agreement, or the likelihood of the Minimum Improve-
ments being successfully constructed and operated pursuant
to the terms of this Agreement, will be materially impaired
by the action for which approval is sought.
8 - 6
ARTICLE IX
Events of Default
Section 9 . 1 . Events of Default Defined. The following
shall be "Events of Default" under this Agreement and the
term "Event of Default" shall mean whenever it is used in
this Agreement any one or more of the following events :
(a) Failure by the Company to timely pay all real
property taxes assessed with respect to the Development
Property pursuant to Article VI of this Agreement, or to
provide or maintain the Guarantee required to be pro-
vided pursuant to Section 6 . 3 of this Agreement .
(b) Failure by the Company to provide the Author-
ity Mortgage or to make the payments required pursuant
to Section 8. 3 (a) ;
(c) Failure by the Company to commence and com-
plete construction of the Minimum Improvements pursuant
to the terms, conditions and limitations of Article IV
of this Agreement.
(d) An event of default occurs under any agreement
or instrument executed by the Company respecting the
Development Property or the Minimum Improvements or any
portion thereof .
(e) Failure by the Company to substantially ob-
serve or perform any material covenant, condition, obli-
gation or agreement on its part to be observed or per-
formed under this Agreement.
( f) The Holder of any security interest in any
part of the Project takes action to enforce the same for
satisfaction.
(g) A petition in bankruptcy is filed naming the
Company as debtor , and such petition is not dismissed
within 90 days of the date of filing thereof.
Section 9 . 2 . Remedies on Default. Whenever any Event
of Default referred to in Section 9 . 1 of this Agreement
occurs, the Authority, as specified below, may take any one
or more of the following actions after provision of thirty
(30 ) days ' written notice to the Company and the Holder of
the First Mortgage of the Event of Default by the Authority,
but only if the Event of Default has not been cured within
said thirty ( 30 ) days or , if the Event of Default cannot be
cured within thirty ( 30 ) days , the Company does not provide
assurances to the Authority reasonably satisfactory to the
9 - 1
Authority that the Event of Default will be cured as soon as
reasonably possible:
(a) The Authority may suspend its performance
under the Agreement until it receives assurances from
the Company, deemed adequate by the Authority, that the
Company will cure its default and continue its perfor-
mance under the Agreement .
(b) If prior to purchase of the Development Prop-
erty by the Authority, cancel and rescind the Agreement .
(c) The Authority may withhold the Certificate of
Completion.
(d) If the Event of Default is a failure to make
payments required by Section 8. 3 (a) hereof, the Author-
ity may foreclose upon the Authority Mortgage .
(e) The Authority may take whatever action, in-
cluding legal or administrative action, which may appear
necessary or desirable to the Authority to collect any
payments due under this Agreement, or to enforce per-
formance and observance of any obligation, agreement, or
covenant of the Company under this Agreement.
(f) The Authority may suspend the annual payments
under the Interest Reduction Program.
Section 9 . 3 . Revesting Title in the Authority Upon
Happening of Event Subsequent to Conveyance to the Com-
pany. In the event that subsequent to conveyance of the
Development Property or any part thereof to the Company and
prior to receipt by the Company of the Certificate of Com-
pletion:
(a) the Company (or successor in interest) shall
fail to begin construction of the Minimum Improvements
in conformity with this Agreement, such failure is not
due to Unavoidable Delays and such failure to begin con-
struction shall not be cured within sixty (60) days
after written notice to do so; or
(b) the Company (or successor in interest) shall,
after commencement of the construction of the Minimum _
Improvements, default in or violate its obligations with
respect to the construction of the Minimum Improvements,
or shall abandon or substantially suspend construction
work, such act or actions are not due to Unavoidable
Delays and any such default, violation, abandonment , or
suspension shall not be cured within sixty ( 60 ) days
after written demand by the Authority to do so;
9 - 2
(c) the Company (or successor in interest ) shall
fail to pay real property taxes on the Development Prop-
erty or any part thereof when due , or shall place there-
on any encumbrance or lien unauthorized by the Agree-
ment, or shall suffer any levy or attachment to be made,
or any materialman ' s or mechanic ' s lien, or any other
unauthorized encumbrance or lien to attach, and such
real property taxes or assessments shall not have been
paid, or the encumbrance or lien removed or discharged
or provision satisfactory to the Authority made for such
payment, removal, or discharge, within sixty (60 ) days
after written demand by the Authority so to do; pro-
vided, that if the Company shall first notify the
Authority of its intention to do so, it may in good
faith contest any mechanic ' s or other lien or encum-
brance filed or established and in such event the
Authority shall permit such mechanic ' s or other lien or
encumbrance to remain undischarged and unsatisfied dur-
ing the period of such contest and any appeal, but only
if the Company provides the Authority with a bank Letter
of Credit_ in the amount of the lien or encumbrance in
form and substance acceptable to the Authority, or other
security or assurance of payment in form and substance
acceptable to the Authority, guaranteeing payment of the
lien or encumbrance in the event the lien or encumbrance
is finally determined to be valid; during the course of
such contest the Company shall keep the Authority in-
formed respecting the status of such defense; or
(d) there is, in violation of the Agreement, any
transfer of the Development Property or any part there-
of, and such violation shall not be cured within ninety
(90 ) days after written demand by the Authority to the
Company; or
(e) the Holder of any Mortgage exercises any rem-
edy provided by the Mortgage documents or exercises any
remedy provided by law or equity in the event of a de-
fault in any of the terms or conditions of the Mortgage;
however , any such action by a Holder shall not consti-
tute cause for the Authority to reenter upon the Devel-
opment Property under this Section 9 . 3 if such Holder,
or such Holder jointly with the Company: ( i) assumes
all obligations and covenants of the Company under this-
Agreement; and ( ii ) executes with the Authority an in-
demnification agreement with sufficient collateral to
indemnify the Authority fully for any loss the Authority
might suffer through failure to exercise their remedies
under this Agreement ;
9 3
3
then the Authority shall have the right to re-enter and take
possession of the Development Property and to terminate (and
revest in the Authority pursuant to the provisions of this
Section 9 . 3 subject only to any superior rights in any
Holder acquiesced in by the Authority) the estate conveyed
by the Development Property Deed to the Company, it being
the intent of this provision, together with other provisions
of this Agreement , that the conveyance of the Development
Property to the Company shall be made upon the condition
that, and that the Development Property Deed shall contain a
condition subsequent to the effect that, in the event of any
default under this Section 9 . 3 on the part of the Company
and failure on the part of the Company to cure such default
within the period and in the manner stated in such subdivi-
sion, the Authority may declare a termination in favor of
the Authority of the title and of all ' the Company' s rights
and interests in and to the Development Property conveyed to
the Company, and that such title and all rights and inter-
ests of the Company, and any assigns or successors in inter-
est to and in the Development Property, shall revert to the
Authority ( subject to the provisions of Section 9 . 4 of this
Agreement) , but only if the events stated in Section 9 .3 (a)-
(e) have not been cured within the time period provided
above, or if the events cannot be cured within such time
periods, the Company does not provide assurances to the
Authority, satisfactory to the Authority, that the events
will be cured as soon as reasonably possible.
Section 9 . 4 . Resale of Reacquired Property; Disposition
of Proceeds. Upon the revesting in the Authority of title
to the Development Property or any part thereof as provided
in Section 9 . 4, the Authority shall, pursuant to its respon-
sibilities under law, use its best efforts, subject to any
rights or interests in such property or resale granted to
any Holder and previously acquiesced to in writing by the
Authority, to resell the Development Property or part there-
of as soon and in such manner as the Authority shall find
feasible and consistent with the objectives of such law and
of the Redevelopment Plan ' to a qualified and responsible
party or parties (as determined by the Authority in its sole
discretion) who will assume the obligation of making or
completing the Minimum Improvements or such other improve-
ments in their stead as shall be satisfactory to the Author-
ity and in accordance with the uses specified for such
Development Property or part thereof in the Redevelopment
Plan. Upon such resale of the Development Property, the
proceeds thereof shall be applied:
(a) First, to pay all unpaid real estate taxes
which have or shall become due and payable with respect
to the Development Property and improvements thereon in
the calendar year in which the Development Property is
9 - 4
resold, and to pay any and all delinquent real estate
taxes, including any interest and penalties accrued
thereon, unpaid upon the date of resale of the Develop-
ment Property;
(b) Second, to pay the principal and interest on
any Mortgage( s ) created on the Development Property
(other than the Authority Mortgage) , or any portion
thereof , or any improvements thereon. If more than one
Mortgage exists on the Development Property, or any por-
tion thereof , or any improvements thereon, and insuffi-
cient proceeds of the resale exist to pay the principal
of, and interest on, each such Mortgage in full, then
such proceeds of the resale as are available shall be
used to pay the principal of and interest on each such
Mortgage in their order of attachment, or by mutual
agreement of all contending parties including the Com-
pany and the Authority, or by operation of law;
(c) Third, to reimburse the Authority, on its own
behalf or on behalf of the Authority, for all costs and
expenses incurred by the Authority, including but not
limited to salaries of personnel, in connection with the
recapture, management and resale of the Development
Property or part thereof (but less any income derived by
the Authority from the property or part thereof in con-
nection with such management) ; any payments made or
necessary to be made to discharge any encumbrances or
liens (except for Mortgages) existing on the Development
Property or part thereof at the time of revesting of
title thereto in the Authority or to discharge or pre-
vent from attaching or being made any subsequent encum-
brances or liens due to obligations , defaults or acts of
the Company, its successors or transferees (except with
respect to Mortgages) ; any expenditures made or obliga-
tions incurred with respect to the making or completion
of the Minimum Improvements or any part thereof on the
Development Property or part thereof; and any amounts
otherwise owing to the Authority or to the City ( includ-
ing water and sewer charges) by the Company and its
successors or transferees; the Authority shall reimburse
any moneys retained by the Authority on behalf of the
City under this Section 9 . 4(c) to the City within 30
days of the date of final distribution of the proceeds
of sale of the Development Property pursuant to this
Section 9 . 4; and
(d) Fourth, to reimburse the Company, its succes-
sors or transferees, up to the amount equal to ( i ) the
sum of the Purchase Price paid by it to the Authority
for the Development Property (or allocable to the part
thereof ) and the cash actually invested by it in making
9 - 5
any of the Minimum Improvements on the Development Prop-
erty or part thereof , less ( ii ) any gains or income
withdrawn or made by it from the Agreement or the Devel-
opment Property.
Any balance remaining after such reimbursements shall be
retained by the Authority as its property.
Section 9 . 5. No Remedy Exclusive. No remedy herein
conferred upon or reserved to the Authority is intended to
be exclusive of any other available remedy or remedies, but
each and every such remedy shall be cumulative and shall be
in addition to every other remedy given under this Agreement
or now or hereafter existing at law or in equity or by stat-
ute. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or
power or shall be construed to be a waiver thereof, but any
such right and power may be exercised from time to time and
as often as may be deemed expedient .
Section 9 . 6 . No Additional Waiver Implied by One Wai-
ver . In the event any agreement contained in this Agreement
should be breached by any Party and thereafter waived by any
other Party, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other
concurrent, previous or subsequent breach hereunder.
Section 9 .7 . Agreement to Pay Attorney' s Fees and
Expenses. Whenever any Event of Default occurs and the
Authority shall employ attorneys or incur other expenses for
the collection of payments due or to become due or for the
enforcement or performance or observance of any obligation
or agreement on the part of the Company herein contained,
the Company agrees that it shall, on demand therefor , pay to
the Authority the reasonable fees of such attorneys and such
other expenses so incurred by the Authority.
9 - 6
3
ARTICLE X
Additional Provisions
Section 10 . 1. Restrictions on Use . The Company agrees
for itself , its successors and assigns and every successor
in interest to the Development Property, or any part there-
of, that the Company and such successors and assigns shall
devote the Development Property to, and only to, and in
accordance with, the uses specified in the City Code or in
this Agreement .
Section 10 . 2 . Conflicts of Interest . No member of the
governing body or other official of the Authority or the
City shall have any financial interest, direct or indirect,
in this Agreement, the Project , or any contract, agreement
or other transaction contemplated to occur or be undertaken
thereunder or with respect thereto, nor shall any such mem-
ber of the governing body or other official participate in
any decision relating to the Agreement which affects his
personal interests or the interests of any corporation,
partnership or association in which he is, directly or in-
directly, interested. No member, official or employee of
the Authority or the City shall be personally liable to the
Company, or any successor in interest, in the event of any
default or breach by the Authority or for any amount which
may become due to the Company or successor or on any obliga-
tions under the terms of the Agreement.
Section 10 .3 . Provisions Not Merged With Deed. None of
the provisions of this Agreement shall be merged by reason
of any deed transferring any interest in the Development
Property and any such deed shall not be deemed to affect or
impair the provisions and covenants of this Agreement.
Section 10 .4 . Titles of Articles and Sections. Any
titles of the several parts, Articles and Sections of the
Agreement are inserted for convenience of reference only and
shall be disregarded in construing or interpreting any of
its provisions.
Section 10 . 5. Notices and Demands. Except as otherwise
expressly provided in this Agreement, a notice-, demand or
other communication under the Agreement by either party to
the other shall be sufficiently given or delivered if it is
dispatched by registered or certified mail, postage prepaid,
return receipt requested, or delivered personally; and,
(a) in the case of the Company is addressed to or
delivered personally to Depot Place Apartments Limited
Partnership at
Minnesota , Attention: ;
10 - 1
(b) in the case of the Authority, is addressed to
or delivered personally to the Authority at 12305
Quentin Avenue South, Shakopee, Minnesota 55378, Atten-
tion: Chairman of the Housing and Redevelopment Author-
ity;
( c) in the case of the Holder of the First Mort-
gage , is addressed or delivered personally to
Attention: ;
or at such other address with respect to either such Party
as that Party may, from time to time, designate in writing
and forward to the other as provided in this Section.
Section 10 . 6 . Counterparts. This Agreement is executed
in any number of counterparts, each of which shall consti-
tute one and the same instrument.
Section 10 .7 . Law Governing . This Agreement will be
governed and construed in accordance with the laws of Minne-
sota.
10 - 2
ARTICLE XI
Termination of Agreement
Section 11.1 . The Company' s Options to Terminate_. This
Agreement may be terminated by the Company after Decem-
ber 31, 1985 , if : ( i ) the Company is in compliance with all
material terms of this Agreement and no Event of Default has
occurred; and ( ii ) the Authority fails to comply with any
material term of this Agreement, and, after written notice
by the Company of such failure, the Authority has failed to
cure such non-compliance within ninety ( 90 ) days of receipt
of such notice, or , if such non-compliance cannot reasonably
be cured by the Authority within ninety ( 90 ) days, the
Authority has not, within ninety ( 90 ) days of receipt of
such notice, provided assurances, reasonably satisfactory to
the Company, that such non-compliance will be cured as soon
as reasonably possible.
Section 11. 2. Action to Terminate. Termination of this
Agreement due to the occurrence of any of the foregoing must
be accomplished by written notification to the Authority
within ten (10) days after the date when such option to
terminate may first be exercised. A failure to terminate
this Agreement within such period constitutes a waiver of
the rights to terminate this Agreement due to such occur-
rence or event.
Section 11. 3 . Effect of Termination. If this Agreement
is terminated pursuant to this Article XI , this Agreement
shall be from such date forward null and void and of no
further effect; provided, however, the termination of this
Agreement' shall not affect the rights of either party to
institute any action, claim or demand for damages suffered
as a result of breach or default of the terms of this Agree-
ment by the other party, or if a recovery of amounts ( in-
cluding payments of principal and interest on the Promissory
Note, fees, charges or reimbursements) which had accrued and
become due and payable as of the date of such termination.
_1 - 1
IN WITNESS WHEREOF, the Authority has caused this Agree-
ment to be duly executed in its name and behalf and the
Company has caused this Agreement to be duly executed in its
name and behalf, on or as of the date first above written.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
By
Its
And
Its
DEPOT PLACE APARTMENTS LIMITED
PARTNERSHIP
By
Its General Partner
And
Its General Partner
11 - 2
STATE OF MINNESOTA)
) ss .
COUNTY OF }
The foregoing instrument was acknowledged before me this
day of r 1985 , by and
the and re-
spectively, of the Housing and Redevelopment Authority in
and for the City of Shakopee, Minnesota, a municipal
corporation and political subdivision of the State of Minne-
sota, on behalf of the Authority.
Notary Public
STATE OF MINNESOTA)
)ss .
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of 1985 , by and
, general partners of Depot Place
Apartments Limited Partnership, a limited partnership organ-
ized under the laws of Minnesota, on behalf of the partner-
ship.
Notary Public
it - 3
EXHIBIT A
(Development Property)
The Development Property is located in the City of Shakopee,
County of Scott, State of Minnesota, and is described as
follows :
A - 1
EXHIBIT B
CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE
WHEREAS, the Housing and Redevelopment Authority in and
for the City of Shakopee, Minnesota, a public body corporate
and politic ( the "Grantor" ) , by a Deed recorded in the
Office of the County Recorder or the Registrar of Titles in
and for the County of Scott and State of Minnesota, as Deed
Document Number has conveyed to Depot Place
Apartments Limited Partnership, a Minnesota limited
partnership ( the "Grantee" ) , the following described land
( the "Development Property" ) in the County of Scott and
State of Minnesota, to wit :
and
WHEREAS, said Deed incorporated and contained certain
covenants and restrictions, the breach of which by Grantee,
its successors and assigns would result in a forfeiture and
right of re-entry by Grantor , its successors and assigns,
said covenants and restrictions being set forth in said Deed
and in a Contract For Private Development, executed by and
between the Grantor and the Grantee and dated December 01
1985 (the "Development Agreement" ) ; and
WHEREAS, said Grantee has to the present date performed
said covenants and conditions insofar as it is able in a
manner deemed sufficient by the Grantor to permit the execu-
tion and recording of this certification;
NOW, THEREFORE, this is to certify that all building
construction and other physical improvements specified to be
done and made by the Grantee have been completed and the
above covenants and conditions in said Deed and Development
Agreement have been performed by the Grantee therein and
that the provisions for forfeiture of title and right to re-
entry for breach of condition subsequent by the Grantor ,
contained therein, are hereby released absolutely and for-
ever insofar as they apply to the land described herein, and
the County Recorder or the Registrar of Titles in and for
the County of Scott and State of Minnesota is hereby autho-
rized to accept for recording and to record the filing of
this instrument, to be a conclusive determination of the
satisfactory termination of the covenants and conditions of
the contract referred to herein which would result in a
forfeiture by the Grantee, its successors and assigns, and
right of re-entry in the Grantor, its successors and
B - 1
assigns, as set forth in said Deed, and that said Deed shall
otherwise remain in full force and effect .
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF SHAKOPEE, MINNESOTA
By
Its
By
Its
B - 2
3
EXHIBIT C
[Permitted Encumbrances ]
1. Any law, ordinance or governmental regulation ( including
but not limited to building and zoning ordinances ) re-
stricting or regulating or prohibiting the occupancy,
use or enjoyment of the Development Property, or regu-
lating the character , dimensions or location of any
improvement now or hereafter erected on the Development
Property, or prohibiting a separation in ownership or a
reduction in the dimensions or area of the Development
Property, or the effect of any violation of any such
law, ordinance or governmental regulation.
2 . Rights of eminent domain or governmental rights of
police power .
3 . Defects, liens, encumbrances, adverse claims or other
matters: (a) resulting in no loss or damage to the Com-
pany; and (b) attaching or created subsequent to the
conveyance of the Development Property to the Company by
the Authority pursuant to Article VI .
4 . The Authority Mortgage.
5. Any First Mortgage.
6 . Such other encumbrances listed on any title commitment
obtained by the Company prior to the Authority Closing
Date pursuant to Section 3 . 3 as to which the Authority
shall agree.
C - 1
n
BND/shakopel2l
December 9 , 1985
ASSESSMENT AGREEMENT
and
ASSESSOR' S CERTIFICATION
By and between
THE HOUSING REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
and
DEPOT PLACE APARTMENTS LIMITED PARTNERSHIP
This document drafted by:
O'CONNOR & HANNAN
3800 IDS Center
Minneapolis, Minnesota 55402
THIS AGREEMENT, dated as of this day of December ,
1985, by and between the Housing and Redevelopment Authority
( the "Authority" ) in and for the City of Shakopee, Minnesota
( the "City" ) , a public body corporate and politic, and Depot
Place Apartments Limited Partnership, a limited partnership
organized and existing under the laws of the State of
Minnesota ( the "Company" ) ;
WITNESSETH, that
WHEREAS, on or before the date hereof the Authority and
the Company have entered into a Contract for Private
Development dated as of December , 1985 ( the "Development
Agreement" ) , regarding certain real property located in City
of Shakopee Redevelopment Project No. 1 in the City of
Shakopee, Minnesota, pursuant to which the Authority is to
acquire certain property, hereinafter referred to as the
Development Property and legally described in Attachment A
hereto, and reconvey the Development Property to the
Company; and
WHEREAS, it is contemplated that pursuant to said Devel-
opment Agreement the Company will construct an approximately
44 unit residential rental facility including an attached
restaurant upon the Development Property; and
WHEREAS, the Authority and Company desire to establish a
minimum market value for the Development Property and the
improvements to be constructed thereon pursuant to the De-
velopment Agreement ( the "Minimum Improvements" , as that
term is defined in the Development Agreement) ( cumulatively,
the "Assessed Property" ) for the calculation of real prop-
erty taxes, or taxes in lieu thereof pursuant to Minnesota
Statutes, Section 272. 01 or any successor statute, pursuant
to the provisions of Minnesota Statutes, Section 273 .76 ,
subdivision 8 (a copy of Minnesota Statutes, Section 273 .76 ,
subdivision 8 is attached hereto) ; and
WHEREAS, the Authority and the Assessor for the City
have reviewed the preliminary plans and specifications for
the Minimum Improvements which it is contemplated will be
erected;
NOW, THEREFORE, the parties to this Agreement, in con-
sideration of the promises, covenants and agreements made by
each to the other , do hereby agree as follows:
1. Upon substantial completion of construction of the
Minimum Improvements by the Company, but in no event later
than January 2 , 1988, the minimum market value which shall
be assessed with respect to the Assessed Property shall be
Dollars ( $ ) . The parties
to this Agreement expect that the construction of the above-
referenced improvements will be completed prior to
December 31, 1987 .
2. In the event that the Authority does not, for what-
ever reason, acquire and reconvey the Development Property
to the Company, pursuant to the terms of Article III of the
Development Agreement, this Agreement shall be null and
void.
3 . The minimum market values herein established shall
be of no further force and effect and this Agreement shall
terminate upon December 31,
4. Nothing in this Assessment Agreement shall limit
the discretion of the Assessor for the City to assign a
market value to the Assessed Property in excess of $
nor prohibit the Company from seeking through the exercise
of legal or administrative remedies a reduction in such
market value for property tax purposes; provided, however ,
that the Company shall not seek a reduction of the market
value of the Assessed Property below $ for the year
1988 or any year thereafter so long as the Assessment Agree-
ment shall remain in effect.
5. Neither the preambles nor provisions of this Agree-
ment are intended to, nor shall they be construed as , modi-
fying the terms of the Development Agreement between the
Authority and the Company.
6. This Agreement shall inure to the benefit of and be
binding upon the successors and assigns of the parties.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
By
Its
By
Its
2 —
DEPOT PLACE APARTMENTS
LIMITED PARTNERSHIP
By
General Partner
By
General Partner
3 -
STATE OF MINNESOTA)
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of 19_, by
and , the and
of the housing and Redevieopment
Authority in and for the City of Shakopee, Minnesota .
Notary Public
STATE OF MINNESOTA)
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of 19 by
and general partners of Depot
Place Apartments Limited Partnership, a Minnesota limited
partnership, on behalf of the partnership.
Notary Public
CERTIFICATION BY CITY ASSESSOR
The undersigned, having reviewed the plans and specifi-
cations for the improvements to the constructed and the
market value assigned to the land upon which the improve-
ments are to be constructed, and being of the opinion that
the minimum market values contained in the foregoing Agree-
ment appear reasonable, hereby certifies as follows: The
undersigned Assessor, being legally responsible for the
assessment of the above described property, hereby certifies
that the market value assigned to such land and improvements
upon completion of the improvements to be constructed
thereon, and in no event later than January 2 , 1988, shall
not be less than Dollars ( $ )
prior to termination of this Agreement .
Assessor for the City of
Shakopee, Minnesota
4 -
J
STATE OF MINNESOTA)
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by
the Assessor for the City of Shakopee, Minnesota .
Notary Public
5 -
ATTACHMENT A TO ASSESSMENT AGREEMENT
[Development Property]
The Development Property is located in the City of Shakopee ,
County of Scott, State of Minnesota, and is described as
follows :
Ass - 1A
ATTACHMENT B TO ASSESSMENT AGREEMENT
Minnesota Statutes, Section 273 . 76 , Subdivision 8 :
An authority may, upon entering into a development or
redevelopment agreement pursuant to section 273 .75 , subdivi-
sion 5, enter into a written assessment agreement in record-
able form with the developer or redeveloper of property
within the tax increment financing district which estab-
lishes a minimum market value of the land and completed
improvements to be constructed thereon until a specified
termination date, which date shall be not later than the
date upon which tax increment will no longer be remitted to
the authority pursuant to section 273.75, subdivision 1 .
The assessment agreement shall be presented to the county
assessor, or city assessor having the powers of the county
assessor , of the jurisdiction in which the tax increment
financing district is located. The assessor shall review
the plans and specifications for the improvements to be con-
structed, review the market value previously assigned to the
land upon which the improvements are to be constructed and,
so long as the minimum market value contained in the assess-
ment agreement appears, in the judgment of the assessor , to
be a reasonable estimate, shall execute the following certi-
fication upon such agreement:
The undersigned assessor, being legally responsible for
the assessment of the above described property upon
completion of the improvements to be constructed
thereon, hereby certifies that the market value assigned
to such land and improvements upon completion shall not
be less than $
Upon transfer of title of the land to be developed or
redeveloped from the authority to the developer or redevel-
oper, such assessment agreement, together with a copy of
this subdivision, shall be filed for record and recorded in
the office of the county recorder or filed in the office of
the registrar of titles of the county where the real estate
or any part thereof is situated. Upon completion of the
improvements by the developer or redeveloper , the assessor
shall value the property pursuant to section 273.11, except
that the market . value assigned thereto shall not be less
than the minimum market value contained in the assessment
agreement. Nothing herein shall limit the discretion of the
assessor to assign a market value to the property in excess
of the minimum market value contained in the assessment
agreement nor prohibit the developer or redeveloper from
seeking, through the exercise of administrative and legal
remedies, a reduction in market value for property tax pur-
poses; provided, however , that the developer or redeveloper
Ass - 1B
r3
shall not seek , nor shall the city assessor , the county
assessor , the county auditor , any board of review, any board
of equalization, the commissioner of revenue or any court of
this state grant a reduction of the market value below the
minimum market value contained in the assessment agreement
during the term of the agreement filed of record regardless
of actual market values which may result from incomplete
construction of improvements, destruction or diminution by
any cause, insured or uninsured, except in the case of ac-
quisition or reacquisition of the property by a public en-
tity. Recording or filing of an assessment agreement com-
plying with the terms of this subdivision shall constitute
notice of the agreement to any subsequent purchaser or en-
cumbrancer of the land or any part thereof, whether volun-
tary or involuntary, and shall be binding upon them.
Ass - 2B
i
III .
HOUSING IN THE METROPOLITAN AREA
PAGES 8 THROUGH 14
III
HOUSING IN THE METROPOLITAN AREA
HOUSING PROBLEM DEFINITION (Policy Modification) U
Housing is a metropolitan problem of major proportions.
According to demographic data compiled by the Metropolitan
Council, there is an estimated need for about 120 ,000 new
housing units in the metropolitan area by 1995 . A signif: Ent
portion of these units (68 ,000 ) are needed for persons who
cannot afford market rate housing. There are strong
indications that under existing conditions , the total need for
housing or the need of the lower income segment will not be
met . In addition , there is an equally important
problem of maintaining and re-using the existing
housing stock effectively. Otherwise , more new housing
will have to be produced to make up for unnecessary losses and
there will be an under utilization of public service
investments.
The Federal and State Governments appear to be reducing their
financial commitments to provide housing for low and moderate
income persons and this will intensify the housing shortage
problem for those unable to purchase or rent at market rates.
It is also apparent that local units of government do not have
the financial capability to assume the shortfall in Federal and
State provided subsidies. The housing shortage problem for
persons unable to afford market rate housing can only be solved
if all levels of government and the private sector work
together and if each contributes a fair share to the solution.
Each level of government should contribute its fair share to
help solve the problem and each level' s contributions should be
of the kind it is best suited to make . The Federal and State
Levels should continue to provide most of the direct subsidies
for low and moderate income persons. The Federal and State
Governments also have the responsibility to improve the overall
investment climate and to provide a tax climate in which the
private sector can produce rental units that are affordable to
low and moderate income households. The State should also
grant local units of government the authority and flexibility
to conduct the kind of housing programs that best meets their
diverse needs.
The Metropolitan Council should continue to Dlace high
priority on •dawe1"p a rea.LisLic aompwe6ensisi, e housing,
p anninp for the Metropolitan Area t *cA j&g6d provide
specific guidance to the public and private sectors so that
both can make rational decisions relative to future
housing needs. The council should continue to be agressive
in seeking inovative ways to create housing o ortunities for
m e Dersons . .b. a•k i •e
4%a s p.aa s i lair 1 i A"e sof alb th& ".as t a"s" i& a_.c o m*.ie x 60-mlsiwi-6
cl.e 1 a r4 a;4 s"-ri
-8-
Local units of Government also have a strong role to play .
Even though local land use controls constitute a small portion
of the total cost of housing , local units should not set
requirements which go beyond what is necessary for the
protection of health , safety and welfare . Local units should
also work with the private sector to make the best use of
existing tools ( revenue bonds , tax increment financing, etc . )
to produce housing which is more affordable .
Finally , decision makers at all levels of government must
become more cognizant of their actions, policies , and decisions
which have an indirect but substantial impact on housing costs .
Such actions , policies , and decisions may in
themselves be worthwhile and beneficial but which do drive
up the cost of housing.
$A.&E j�- 6N. 4F HW!r 140 UW8 Idi G F6R"L4M-H£F iii I Td M- A$C"M"➢Z
*W r
III-A EXAMINE LOCAL REQUIREMENTS
Local requirements constitute a very small portion of the total
cost of producing housing, but all participants in the housing
delivery system need to do their part to hold costs down.
COMMUNITIES SHOULD THEIR LOCAL REQUIREMENTS (LAND
USE REGULATIONS , SUBDIVISION ORDINANCES , ETC. ) TO SEE
IF THESE REQUIREMENTS GO BEYOND WHAT IS NECESSARY FOR THE
PROTECTION OF HEALTH , SAFETY, AND WELFARE , AND INHIBIT
THE CONSTRUCTION OF 4A'I'C "LPI T!!'R AFFORDABLE HOUSING.
MODIFICATIONS SHOULD BE MADE WHEN APPROPRIATE .
III-OB PRACTICES WHICH INCREASE HOUSING COSTS
Decision makers at various levels of government must become
more cognizant of actions they take which have an indirect but
substantial impact on housing costs. These actions in
themselves may be worthwhile and beneficial, but when
implemented result in increased housing costs. Examples of
this type of action would include such things as the sewer
availability charge , restricted growth policies, building and
energy codes , environmental rules , etc .
THE METROPOLITAN COUNCIL AND STATE AGENCIES SHAD
EXAMINE THEIR PRACTICES AND POLICIES TO DETERMINE POSSIBLE
HIDDEN IMPACTS ON HOUSING COSTS OF SAID PRACTICES AND
POLICIES NOT DIRECTLY RELATED TO HOUSING. CHANGES SHOULD BE
MADE AS NECESSARY.
.G_
III-OC MANDATORY STANDARDS AND ALTERNATIVE HOUSING
Mandatory , uniform land use standards for housing style and
location would not be appropriate because of the great
diversity among cities and differences within cities relative
to state of development , topography , lot and dwelling sizes,
the mix of housing values and costs , and the level of municipal
services which are provided . Therefore , cities should retain
the authority to regulate land uses, including the
determination as to whether alternative housing, such as
manufactured and accessory housing can be located in areas
where other modes of housing have been established .
Land use regulation is one of the tools city officials need to
protect the health , safety , welfare , and interests of the
city' s residents.
THE LEGISLATURE SHOULD NOT PASS LEGISLATION WHICH SETS
MANDATORY ZONING AND SUBDIVISION STANDARDS OR WHICH REMOVES
DDITIONAL LAND USE REGULATION AUTHORITY FROM LOCAL UNITS OF
CITIES SHOULD RETAIN THE AUTHORITY TO REGULATE
THE LOCATION , SIZE AMOUNT , AND TYPE OF HOUSING, INCLUDING
MANUFACTURED AND ACCESSORY HOUSING, WITHIN THEIR BOUNDARIES.
III-P-D FINANCING f£D"A4M STATE AND REGIONAL HOUSING POLICIES
Z-Ia e a.J-y -"r wi.c s w h .ate. p r wr it epi--t o P"i d er44 m&rrd prep a rm►
cwa a n a- f i&"c e.& 1"g eQp�w lid p r efoe r tt6-4-a -d e•-•n o t •re 1 a be- tse
=4�a"i+a"ciQ4 "41i4* of-� h"rapep-6-y -own***. Property taxes
provide the major revenue source for most cities and i&ed"etia"
itz p rlip a al.F tie saw a a4w6 Oho a 6�4 it o. per. w•wid e awppo u md- tae
4aQ6s,"g +robriema. iram mo" e-itri-" in the Metro
Area-
and the Minnesota property Tax System is one of the mgt.
complex systems. Unfortunately, rathar th=n -4-14 `r th@
Legislature often times adds to the complexitl of this system
y c ang ng Efie sys em E3 SenefiF certain Rersons as a means to
implement or rinance s a e or regional socia
Believes ME the property tax system is not the ani pniate
mechanism to finance state or regional housing policies and
goals.
THE AMM OPPOSES THE USE OF THE -604A4, PROPERTY TAX SYSTEM "DYL-0-
N" &E -iS&D A& Vi NI E FINANCE 0R IMPLEMENT H`EED£-Rksc,
STATE OR REGIONAL HOUSING POLICIES OR GOALS. STATE AND/OR
REGIONAL HOUSING POLICIES AND GOALS SA011 'T
D 97 RON-PR719TY
III-DE RENEWAL OF FEDERAL AND STATE FUNDING
The Federal and State levels of government have a broader and
-10-
more diverse tax base than local units of government and should
provide the necessary funding to fulfill their housing policy
commitments to lower income persons. This funding commitment
is needed to provide adequate housing for those persons unable
to afford market rate housing.
FEDERAL AND STATE FUNDING FOR HOUSING SHOULD BE INCREASED TO
IMPLEMENT THE HOUSING POLICIES OF THOSE LEVELS AND MATCH THE
NEEDS OF THOSE PERSONS REQUIRING ASSISTED HOUSING INCLUDING
ASSISTANCE FOR RENOVATING AND REHABILITATING SUBSTANDARD
HOUSING UNITS.
III-&F PROGRAM LATITUDE
There is a tendency on the part of the Legislature when it
provides funding to the Minnesota Housing Finance Agency (MHFA )
or political subdivisions for housing programs to make sure it
is a safe investment . The AMM does not disagree with the need
to be prudent with public funding. However , the state
guidelines and regulations sometimes are so stringent they
inhibit inovation and render the programs inoperable . Also , at
times the rules and regulations for programs administered
locally, are more stringent and cumbersome than for similar
programs administered through the MHFA . There is a need for
creative and inovative programs to increase the production of
housing for low and moderate income persons.
THE LEGISLATURE WHEN PROVIDING FUNDING FOR THE DEVELOPMENT OF
INOVATIVE AND CREATIVE PROGRAMS FOR THE PRODUCTION OF HOUSING
FOR LOW AND MODERATE INCOME PERSONS SHOULD PROVIDE ENOUGH
PROGRAM LATITUDE IN THE GUIDELINES AND REGULATIONS SO THAT THE
PROGRAMS CAN BE TAILORED TO MEET THE NEEDS AND CIRCUMSTANCES OF
A VARIETY OF SITUATIONS IN DIFFERING LOCALS. ALSO THE
STATE GUIDELINES AND REGULATIONS SHOULD NOT BE MORE
STRINGENT FOR PROGRAMS ADMINISTERED BY LOCAL UNITS AS OPPOSED
TO PROGRAMS ADMINISTERED THROUGH STATE OR REGIONAL AGENCIES.
III-FPG AUTHORITY AND RESPONSIBILITY FOR LOCAL HOUSING PROGRAMS
There is a great diversity among the cities in the metropolitan
area. Some cities need more housing for low and moderate
income persons while other cities need more housing for middle
and upper income persons. Cities should have the authority to
promote whichever kind of housing is within the public purpose
and best interest of the city to do so. It is also important
that state and federal agencies cooperate with cities in
developing workable programs to meet the diverse needs of
cities . Cities need to have more control over the cost of
housing being developed if they are to meet the intent of
the Metropolitan Land Planning Act . In a practical sense
-11-
municipalities, may be able to require reduced cost housing,
but it is preferable to have this authority specified by
statute specifically. Dedication would provide land , or cash
in lieu of land , for housing needs and is not intended to
be in addition to parks dedication but a substitute for it if
that would better enable the city to meet its overall needs.
CITIES SHOULD- BE GRANTED SUFFICIENT AUTHORITY AND FLEXIBILITY
BY THE LEGISLATURE TO CONDUCT HOUSING PROGRAMS THAT MEET THE
DIFFERING NEEDS OF DIVERSE CITIES AND THAT ENABLE CITIES TO
COMPLY WITH THE METROPOLITAN LAND PLANNING ACT WHICH
DIRECTS CITIES TO PROVIDE OPPORTUNITY FOR LOW AND MODERATE COST
HOUSING. CITIES SHOULD BE ALLOWED, IF THEY DESIRE , TO
REQUIRE LOWER COSTS HOUSING IN PROPOSED DEVELOPMENTS AND TO
REQUIRE THE DEDICATION OF LAND OR CASH FOR LOW AND MODERATE
INCOME HOUSING AS AN ALTERNATIVE TO THE REQUIRED DEDICATION
FOR PARKS . ALSO, CITIES SHOULD HAVE THE AUTHORITY TO DEVELOP
HOUSING FOR MIDDLE AND UPPER INCOME PERSONS IF THAT IS NEEDED
TO ACHIEVE A BALANCED HOUSING STOCK. CITIES SHOULD CONTINUE
TO HAVE AUTHORITY TO USE TAX INCREMENT FINANCING TO ACHIEVE
GALS FOR LOW AND MODERATE INCOME HOUSING.
III-H METROPOLITAN HRA (New Policy)
Providing housing assistance and affordable housing to low
income persons is very important in the metropolitan area. The
Metropolitan HRA was established in 1974 to assist local units
in providing low income housing and works in cooperation with
the local jurisdictions at their invitation. Federal funding
for low income housing programs is likely to decline or to be
eliminated entirely and it is important that the Metro HRA
continue as an active viable partner with local units of
government.
THE AMM BELIEVES THAT THE EXISTING METRO HRA STRUCTURE WHEREBY
THE METROPOLITAN COUNCIL IS THE METROPOLITAN HRA AND IS
ASSISTED BY THE HRA ADVISORY COMMITTEE IS APPROPRIATE. WE ALSO
BELIEVE THAT THE STATUTORY AUTHORITY OF THE METRO HRA SHOULD
NOT BE INCREASED AS IT HAS SUFFICIENT TOOLS NOW TO MEET THE
NEEDS OF THIS AREA . THE AMM WOULD OPPOSE CHANGES TO THE METRO
HRA STRUCTURE WHICH WOULD RESULT IN AN INDEPENDENT OR
SEMI-INDEPENDENT AGENCY WITH ITS OWN STAFF SIMILAR TO THE MWCC
OR RTB.
III-*I RENTAL HOUSING IN THE METROPOLITAN AREA (Modification)
Rental housing plays an important role in the Twin Cities
housing market . Approximately 35 per cent of the housing units
in the Twin Cities region are rental units. Traditionally ,
-12-
rental units have provided an affordable housing option for
singles, young adults, young married , students, the elderly ,
and low and moderate income households. In reality, rental
housing units serve a market much more diverse than that served
by owner occupied units . Yet over the past several years a
number of problems have developed in the rental market ,
including:
1 . Production of new rental units has declined drastically as
households are unable to afford the rents which must be
charged to cover costs and financing.
2. Many households which in the past would have moved from
rental to ownership status are unable to do so due to both
the increased cost of housing units and high interest
rates.
3 . ' The combination of few additions to the supply of rental
units , increased competition for rental units, conversion
of rental units to condominiums , increased operating
costs , and general inflation has created a situation where
many rental units are not an affordable option for low and
moderate income households.
u . The supply of existing rental units , which is
predominately efficiency and one bedroom units, does not
adequately address the needs of families seeking rental
units.
Precisely because rental housing serves so many diverse types
of households and because the relative size of each category is
changing the solution to these problems must be multifaceted .
ALL LEVELS OF GOVERNMENT SHOULD BECOME INVOLVED TO
SUCCESSFULLY ADDRESS THE PROBLEMT—=E RENTAL MARKET. IN
PARTICULAR, THE STATE AND FEDERAL GOVERNMENTS HAVE CRUCIAL
ROLES IN IMPROVING THE OVERALL INVESTMENT CLIMATE SO THAT
THE PRIVATE SECTOR CAN PRODUCE BOTH RENTAL AND OWNER OCCUPIED
UNITS AND IN PROVIDING SUBSIDY FUNDS SO THAT LOW AND
MODERATE HOUSEHOLDS CAN AFFORD DECENT RENTAL UNITS. POSSIBLE
ACTIONS INCLUDE :
- MODIFYING FEDERAL AND STATE TAX POLICIES TO IMPROVE THE
OVERALL INVESTMENT CLIMATE FOR THE PRODUCTION AND
MAINTENANCE OF RENTAL HOUSING.
- CONTINUING AND INCREASING THE LEVEL OF FUNDING AIMED AT
GIVING LOW AND MODERATE INCOME FAMILIES ACCESS TO DECENT
HOUSING.
-13-
CONTINUING PROGRAMS WHICH USE TAX EXEMPT BONDING TO CREATE
BELOW MARKET RATE FUNDS FdR BOTH RENTAL AND OWNER OCCUPIED
UNITS .
CONTINUING PROGRAMS WHICH ALLOW REHABILITATION AND
WEATHERIZATION PROGRAMS TO BE UTILIZED ON RENTAL UNITS.
GRANTING LOCAL UNITS MORE AUTHORITY TO REGULATE THE
CONVERSION OF RENTAL UNITS TO CONDOMINIUMS.
-14-
f
IV .
METROPOLITAN AREA ISSUES AND CONCERNS
PAGES 15 THROUGH 18
IV
METROPOLITAN AREA ISSUES AND CONCERNS
NSW,- METROPOLITAN STRUCTURE AND STRUCTURAL RELATIONSHIPS (delete
for replacement)
The acture of Metropolitan Governance that has evolved over
the last years is basically satisfactory. The structure and
relationshi between the Metropolitan Council and the various
Metropolitan. C issions and Agencies are not uniform and function
determines form. .or structural changes are not needed but the
AMM does recommend wo minor but significant changes which
should help to promo more effective communication and
coordination of regional s vices.
THE CHAIRPERSONS OF THE RE NAL TRANSIT BOARD AND THE
METROPOLITAN WASTE CONTROL COMMIS N SHOULD BE APPOINTED BY
THE METROPOLITAN COUNCIL RATHER THAN T GOVERNOR.
THE METROPOLITAN COUNCIL SHOULD BE REQUIRE 0 REVIEW THE ANNUAL
OPERATING BUDGETS OF THE RTB AND MWCC AND TO ROVIDE COMMENTS
WITH RESPECT TO THE RESPONSIVENESS OF THESE GETS TO THE
REGIONAL POLICY PLANS ADOPTED BY THE COUN FOR THOSE
FUNCTIONS .
IV- C-2 METROPOLITAN GOVERNANCE STRUCTURE (Replacement Policy)
The Structure of Metropolitan Governance that has evolved in this
Metropolitan area since the late 1960 ' s has served the area well .
The structure of the various Metropolitan Agencies and Commissions
( MAC , MWCC , RTB , MPOSC , etc . ) is not uniform nor is the
relationship between these agencies and the Metropolitan Council
uniform . Function has basically determined form and not form
determining function.
THE AMM DOES NOT BELIEVE THAT THE METROPOLITAN AGENCIES SHOULD
NECESSARILY BE STRUCTURED UNIFORMALLY BUT THE AMM DOES BELIEVE.
THAT THE LEGISLATURE SHOULD CONDUCT A STUDY OF THE STRUCTURE OF
THE MAC AND ITS RELATIONSHIP TO THE METROPOLITAN COUNCIL TO
DETERMINE IF STRUCTURAL CHANGES WOULD ENHANCE AND IMPROVE
REGIONAL PLANNING AND SERVICE DELIVERY.
IV-D-1 LEGISLATIVE ACCOUNTABILITY (Policy Modification)
The system of regional governance should be more accountable to
the Legislature . The Metropolitan Council is in reality only
accountable and responsive to the Governor who is elected on a
state-wide basis. The Council , in turn , appoints the members of
the RTB , MWCC and MPOSC. Consequently , these Agencies are further
removed from the Legislature in terms of accountability. History
has shown that by and large the Council and Regional Agencies
members are appointed , reappointed or removed mostly on the basis
-15-
of political party affiliation . In theory , the Council and
Commissions are also accountable to the Legislature , but the
Legislature in recent years has shown little inclination to
exercise its overview authority unless the Council or Agencies
request increased funding or new funding authority .
A) BUDGET AND REVENUE FORECASTING OVERSIGHT
THE LEGISLATURE SHOULD REQUIRE THE COUNCIL AND REGIONAL AGENCIES
TO PREPARE LONG RANGE BU-D&E-T- FINANCIAL PROJECTIONS , IN ADDITION TO
THE EXISTING REQUIREMENT OF ANNUAL OPERATING AND FIVE
YEAR CAPITAL IMPROVEMENT BUDGETS . THE METROPOLITAN COUNCIL
WOULD ASSEMBLE AND INTEGRATE THE SEPARATE AGENCY 5-U-bMILS
PROJECTIONS INTO A SINGLE BU-DGET- FINANCIAL DOCUMENT AND PREPARE
SUMMARY AND OVERVIEW DOCUMENTS SHOWING AGGREGATE RESULTS AND MAKE
A YEARLY REPORT TO THE LEGISLATURE AND PUBLIC. THE COUNCIL WOULD
NOT BE GRANTED ANY APPROVAL AUTHORITY BEYOND WHAT IT NOW POSSESSES
B) POLICY AND PROGRAM OVERSIGHT
THE LEGISLATURE SHOULD REQUIRE THE METROPOLITAN COUNCIL AND
REGIONAL AGENCIES TO MAKE A FORMAL REPORT AT THE BEGINNING OF EACH
LEGISLATIVE SESSION WHICH FOCUSES ON THE MAJOR PROGRAMS , PLANS ,
ISSUES AND CONCERNS OF THE RESPECTIVE AGENCIES . THE REPORTS AS A
MINIMUM WOULD IDENTIFY AND COMMENT ON NEW PROGRAMS ; MAJOR CHANGES
TO ON-GOING PROGRAMS ; THE NEED FOR SAME ; MAJOR PRIORITIES : MAJOR
ACCOMPLISHMENTS SINCE THE PREVIOUS REPORT ; AND DISCUSS REASONS
FOR INCREASES IN USER FEES WHEN SUCH INCREASES EXCEED THE
INFLATION RATES . THE LEGISLATURE SHOULD HOLD 'HEARINGS ' ON SUCH
REPORTS AND ALLOW FOR PUBLIC COMMENT .
C) LEGISLATIVE FOCUS
THE LEGISLATURE SHOULD ESTABLISH A CENTRAL POINT OF FOCUS WITHIN
THE LEGISLATIVE STRUCTURE TO ENHANCE INCREASED ACCOUNTABILITY AND
OVERSIGHT . TLHFr P4&F E R-RE B MirT H 4D 40 Ut D- B-E T-& RS T k$L iii aT A-ff'D I"
G9MMP-T'TFr99 I-4 BQTH -"USS W44-IrmW F-"USS O*+ M"RO"LIZAN—AFF"RS. "P_
I-934ES- Adm- C9NG&RH•6 OF MESR0P%I'1*N @eVE"AMR-. THIS CENTRAL POINT
OF FOCUS COULD BE ACCOMPLISHED BY STANDING COMMITTEE IN BOTH
HOUSES WHICH DEAL EXCLUSIVELY WITH METROPOLITAN AFFAIRS OR BY
FORMING A PERMANENT JOINT METROPOLITAN LEGISLATIVE AFFAIRS
COMMISSION. IN EITHER CASE , ALL PROPOSED LEGISLATION PERTAINING TO
THE AGENCIES OF METROPOLITAN GOVERNANCE WOULD BE REVIEWED I-N -TINEI�E
"M4IT-TES AT THIS CENTRAL POINT IN ADDITION TO THE NEW ACTIVITIES
SUGGESTED IN IV-D-1 .
-16-
p
IV- D-2 PUBLIC ACCOUNTABILITY (Additional Policy)
The Association also believes that the metropolitan agencies
should be more accountable to the residents served by such
agencies . Direct election of agency members might improve
accountability but it would probably result in a general purpose
metropolitan level of government which the AMM opposes. The AMM
believes that a revised appointment process is necessary to
enhance public accountability and responsiveness to the residents
and local officials in the metropolitan area.
A) THE LEGISLATURE SHOULD IMPROVE THE APPOINTMENT PROCESS FOR
MEMBERS OF THE METROPOLITAN COUNCIL AND THE MWCC, RTB AND MPOSC.
THE APPOINTMENT PROCESS , AS A MINIMUM, SHOULD INCLUDE : A
REQUIREMENT FOR A SPECIFIED FILING PERIOD FOR EACH VACANCY; A
REQUIREMENT FOR AN ADEQUATELY NOTICED PUBLIC HEARING IN EACH
DISTRICT FOR WHICH AN APPOINTMENT IS TO BE MADE INCLUDING
CRITERIA FOR SELECTION , CANDIDATE NAMES AND QUALIFICATIONS ; A
REQUIRMENT THAT ONLY PERSONS WHO HAVE FILED DURING THE FILING
PERIOD ARE ELIGIBLE FOR APPOINTMENT ; AND A REQUIREMENT FOR
MEANINGFUL INVOLVEMENT BY LOCAL OFFICIALS AND LEGISLATORS FROM
THE DISTRICT IN WHICH THE APPOINTMENT IS TO BE MADE . LOCAL
OFFICIALS SHOULD NOT BE PRECLUDED FROM SERVING ON THE
METROPOLITAN COUNCIL .
B) THE LEGISLATURE SHOULD ALSO CONSIDER CHANGING THE APPOINTING
AUTHORITY OF THE CHAIRPERSONS OF THE RTB AND THE MWCC FROM THE
GOVERNOR TO THE METROPOLITAN COUNCIL
IV- COMPREHENSIVE PLANNING - ENVIRONMENTAL REVIEW PROCESS (delete
replacement)
Regional, sta and federal governmental levels require a variety
of special-purp e and environmental reviews for propoesed
developemnt projects. Each of these reviews represents a response
to a perceived need or public concern. Environmental reviews
can cause significant d which creates uncertainty and
sometimes higher costs to developer and ultimately the
consumer. The process of environm tal review can also be abused
frivolously.
Improvements have been made to simplify th state environmental
review process , administered by the Environmen Quality Board
(EQB ) . In 1976 , the Environmental Assessment Works t (EAW) was
introduced. To aid in determining whether a proposed tion has
potential for significant environmental effects that would quire
-17-
e thorough evaluation of an Environmental Impact Statement
( E In most cases , an EIS is not required , and the
envir ental review process is complete when the EAW is cleared .
A more r ent change has shifted the responsibility for most FIS
preparatioto local units of government . We commend the
Legislature a the EQB for taking these positive steps to
simplify and st amline the environmental review process and
further believe tha nother step would be to incorporate more of
the environmental revi process into the local planning process.
Each metropolitan area munity must prepare a comprehensive
plan ; the local plan is n excellent vehicle for such an
approach.
THE AMM SUPPORTS THE CONCEPT OF ALLO G LOCAL COMPREHENSIVE PLANS
AND ORDINANCES WHICH CONTAIN ACCEPTABL NVIRONMENTAL ELEMENTS TO
BE USED TO SATISFY ENVIRONMENTAL ISSUES RESSED IN THE EAW AND
EIS PROCESS. FURTHER, THE ENTIRE STATE'S EN ONMENTAL REGULATORY
SYSTEM SHOULD BE STREAMLINED IN SUCH A MA R TO ENABLE A
"ONE-STOP" PERMIT SYSTEM FOR ALL STATE PERMIT REQU MENTS .
IV-G ENVIRONMENTAL REVIEW PROCESS (Replacement Policy)
M. S . Chapter 116D sets forth the basic environmental review
procedure for this state . Since environmental reviews can cause
significant delay, create uncertainty for the developer, and add
to project costs ultimately borne by the consumer ; it is
important that the review procedure be simple and straightforward
and yet thorough enough to assure that all important issues and
concerns are addressed. Improvements have been made in recent
years by the Legislature and the Environmental Quality Board (EQB)
to streamline the process and make it more difficult to abuse the
process . We commend them for these positive improvements.
THE AMM BELIEVES THAT AN APPROPRIATE BALANCE HAS BEEN STRUCK
BETWEEN THE NEED TO PROTECT THE ENVIRONMENT AND THE DESIRE TO
ENHANCE AND IMPROVE THE ECONOMIC CLIMATE WITH RESPECT TO
DEVELOPMENT PROJECTS WITHIN THE STATES ENVIRONMENTAL REVIEW
PROCEDURE (M.S . CHAPTER 116 D) . NO SUBSTANTIAL CHANGES SHOULD BE
MADE UNTIL THERE HAS BEEN SUFFICIENT EXPERIENCE TO DETERMINE IF
CHANGES ARE NEEDED.
-18-
V.
TRANSPORTATION
PAGES 19 THROUGH 20
V
TRANSPORTATION
V-N MTC MEMBERSHIP (NEW POLICY)
The 1984 legislature created the Regional Transit Board, as a
replacement for the then MTC which dealt with more than
operations of the major public bus company, to separate transit
alternative planning from bus company operations. In doing so
the MTC was reduced from 8 members to 3 members, one each from
Minneapolis, St. Paul, and the Suburbs. This arrangement has
worked , but not as well as it could and it is not
representative of the transit area population.
THE AMM ENCOURAGES THE LEGISLATURE TO INCREASE MTC MEMBERSHIP
TO FIVE BY ADDING TWO MORE SUBURBAN MEMBERS TO FACILITATE
OPERATIONS AS A BOARD AND TO MORE EQUITABLY REPRESENT THE
TRANSIT SERVICE AREA POPULATION.
V-0 FEDERAL TRANSPORTATION FUNDS (NEW POLICY)
The Federal Government has mandated that states move to a 21
year old age limit for legal purchase and consumption of
alcoholic beverages by late 1986 or loose federal
transportation funds. The AMM is concerned about using federal
dollars as a type of blackmail or threat to accomplish
nationally what should be ' state rights' decisions but will
address that issue in another forum. The issue of what should
be the legal drinking age is also of concern to many AMM
members but is an issue more appropriately dealt with
individually. However, the AMM cities are very concerned with
any loss of federal dollars for much needed transportation
programs in the Metropolitan area. Therefore:
THE AMM ENCOURAGES THE LEGISLATURE TO ACT AS APPROPRIATE AND
NECESSARY TO ENSURE THE CONTINUED FLOW OF FEDERAL
TRANSPORTATION FUNDS TO THE STATE OF MINNESOTA.
-19-
V-P LARGE TRUCKS (NEW POLICY)
The trucking industry has recently proposed to the state
legislature allowing truck tractor and trailor combinations of
UP to 110 feet on Minnesota State Highways. Due to offtrackinb
of rear wheels , acceleration distance needs , and time and
distance required for safe passing, current legal lengths are
pushing the limit of safety and physical ability of our
interstate and trunk highway systems. Longer tractor/trailor
combinations would only exacerbate these conditions beyond
tolerable limits. To up6rade the HiEhway System to accommodate
longer units would be very expensive reducing funding resources
-for other much needed critical projects. Once allowed on the
interstate and designated trunk route highways there would
undoubtedly by pressure to provide access to various local
areas which would be prohibitive in cost for local upgrading
and unacceptable for safety, Therefore ,
THE AMM URGES THE LEGISLATURE TO NOT INCREASE TRUCK TRACTOR AND
TRAILOR COMBINATION LENGTH LIMITS BEYOND CURRENT LIMITS DUE TO
UNACCEPTABLE COST FOR HIGHWAY CONSTRUCTION AND FOR PROTE-CTAIaN
OF PUBLIC SAFETY.
V-Q MANDATORY SEAT BELTS (NEW POLICY)
Sufficient data exists to prove that Wearing of seat belts
would reduce traffic deaths considerably. - Although many view
this issue as a personal decision that should not be mandated ,
there is a significant public as well as personal cost in the
area of insurance and public safety and public .health needs.
Therefore ;
THE AMM SUPPORTS MANDATORY REQUIREMENTS FOR WEARING OF SEAT
BELTS TO REDUCE TRAFFIC DEATHS AND RELATED PUBLIC COSTS .
V-R .MSA FUNDS FOR OPTICOM (NEW POLICY)
Optical Command System, Opticom, equipment is used by Public
Safety vehicles to change traffic signals from the vehicle
while on an emergency .call. Opticom has proven successful in
decreasing emergency vehicle intersection accidents and is in
use in several metropolitan cities. However, it is expensive.
Current MSA standards and regulations do not allow use of MSA
funds for purchase of Opticom.
THE AMM REQUESTS THE MSA SCREENING COMMITTEE TO ALLOW USE OF
MSA HIGHWAY FUNDS FOR PURCHASE AND INSTALLATION OF OPTICOM
SYSTEMS FOR TRAFFIC SIGNAL LIGHTS ON MSA STREETS.
-20-
K�
I don ' t suppose its possible , but it would be nice if the RR
tracks didn ' t go right through town.
Stop sign ( 4 way ) at intersection of Shakopee Ave . & Spencer
or Sommerville ( the one with stop sign) instead of 2 way .
Put stop or yield signs where there is none at any direction.
Smooth R . R . Crossings on Scott Street and others south of lst
Ave.
Stop light on 4th & 17 .
Train tracks
Stop lights at corner of 4th Ave. & Marschall Road
Stop lites at 4th & Co. Rd . 17 ( Marschall Rd ) Must we wait
for more deaths !
Improved railroad crossing - they are very rough.
Reduce speed 40 to 30 on County Rd. 17 from Jr. High to downtown
signal light - corner of 10th & 17th, also Signal or safe crossing
for senior citizens on First Ave.
Stop lights at Cty 17 & 10th Ave. & Cty 17 & 4th.
I can do without yellow water and dust from alley traffic.
Soup lines for needy
Affordable housing lower new house cost
Better traffic enforcement on 10th Street
Improve Hwy 169
Improve bus services (Shakopee .to downtown, etc. ) Mpls.
Repair pot holes
Much work needed on our Parks !
4-Lane through way on South side of High School running East & West
We don' t live in Shakopee so I don ' t know
Street lights on the corner of Fuller & lst
Don' t get carried away with Canterbury Downs , Please.
e N,
Another way to get to the racetrack - traffic gets to hazardous.
Reroute traffic off 1st street during Sept . & October, especially
Also a sign - at Holmes & #169 - turn left on Green arrow.
Stop - Go - signs at Shakopee Ave. 4 - way ( and 4 way stop 3rd
Ave. & Marschall Road)
Crossing control on 4th Ave . & Cty . Rd 171
Stop light at Fourth and Marschall Road
Street lite at 4th & Marschall Road
Put up stop or yield signs on 4 way intersections that have
none at all .
More street lights in residential areas.
Signal lights are needed' at 4th St. and Marschall Rd.
New pavement on Shakopee Streets, 10th Street
Why wasn ' t this done long ago - storm sewer system
Housing for Low and Moderate Income Households should go by
income & not how many kids you have going to school or that
are 18 years & under.
Be more realistic with income figures. (2)
Improved Storm Sewer - No good enough.
More full time production businesses less part time (Seasonal)
Jobs - No racetrack etc.
Alleviate 169 Traffic caused by Racetrack & Ferry Bridge in
Spring & Summers.
Roads to re-route racetrack traffic.
Pave E. 5th Street
City streets need repairs
Keep traffic off E. 4th Ave. from Canterbury Downs
Improve Cty. Rd. 17 - way past due . - Decent Access to get across
Mn River
Improved Highway system to accommodate renaissance, Valleyf'air,
Canterbury Downs.
Get the main truck route out of town.
Some of the side streets on East end sure need improvement &
2nd Ave . (Market & Main)
Relieve Semi-trailer traffic thru downtown.
Noise & traffic control on 10th Avenue .
The highway problem is terrible ! Lets do something soon !
Street repair not just downtown.
Not enough streets for the traffic.
The racetrack causes many traffic problems in town, plus the
trouble trying to come across the bridge from work. All the
gas we waste , late appointments to make etc . We go through
the alleys to go to PJ ' s & our dentist. What good are our taxes
or roads. Black top the alleys. My taxes couldn ' t be low enough.
They would have to pay us to make up for the problems.
Get rid of Canterbury traffic.
No parking on 1st Ave. , Sommerville to Atwood
Traffic congestion
Traffic in Downtown during summer months is awful .
Pave the dirt streets in this town.
Re-do lousy pavement job on 10th St.
Improved streets water standing on them.
Traffic situation, reroute thru traffic.
Get rid of dips at intersections - get rid of yield signs and
make them stop signs.
Make Co. Rd. 17 into two lanes and have bike path from #42 into
Shakopee Junior High , because of the number of developments
on Co. 17 .
Streets through out town are in desperate need of help ! !
The summer traffic is terrible in town - We need roads around
town•
Tar Pike Lake Road - the constant adding of gravel & grading
every 2 wks must be more expensive .
seniors can safely get across.
I ' m on a walker so don' t go much, but all the ladies complain
of the highway from the high rise , the traffic.
Better - safe crossing across street for Senior & 200 Levee
Drive .
Improve crossing 1st Street for Levee Dr. people.
Crossing highway at Hi-rise
A light at Fuller & 1st Ave. for senior citizens crossing.
Crossing 169 for 200 Levee Dr . residents - we are in prison
here.
Make better crossing for people crossing 1st
Walk way over 1st Ave . for elderly & others
200 W. Levee Drive - alley needs resurfacing very much - senior
citizens can' t walk on it.
Stop light by 4th & Marschall Road
Stop & Go traffic control stop sign at highway 101 and Minn
St. - Extra Street Sign at 10th Ave. and Market St.
Street signs
Walking across Hwy. 169
Sidewalks along 10th Street - both sides for school kids ! Improve
road systems.
Improve 10th Street surface
Fix tenth Ave. reasphalt & fix holes in road.
Get those trucks out of the City !
Improved Storm Sewer System - This, indeed may be very important,
but we are uninformed aobut the sewer system.
Do something about the awful traffic problems from racetrack,
Valleyfair & Renaissance, also fix Blmgtn ferry bridge .
Improve 10th Street. Holes have been there too long.
Street level entrance condo ' s like Gene Brown ' s bldg. - for
ages' s 55 & over, with garages.
Fix residential streets (Scott St. ?) etc.
W
Quicker 101-169 rcute less traffic on 1st Street
169 By Pass and t18 Bridge
By Pass
By Pass Highway
13th Ave. By-pass
101-169 By-pass
Find a way to redirect traffic w/V. fair, Renn , & Track, Residents
can ' t even drive across town.
Summer traffic problems.
Improved Highways to handle racetrack & Renaissance traffic
What ever happened to the Shakopee by-pass , Canterbury Downs,
Valleyfair, Raceway park, etc. what a mess.
Thru - traffic by-pass the downtown central area - need new
bridge & traffic situation critical .
Other access into town especially summer months
Build road to reroute the trucks from downtown traffic.
Get traffic out of town.
More traffic control at busy intersections. More development
with riverfront.
Better traffic control during peak periods.
Eliminating all truck traffic on lst. Correcting traffic violations.
A solution to the traffic problem on First Ave.
Change traffic flow - stop signs poorly placed.
Expedite the flow of traffic thru town - promote economic develop-
ment, employment opportunities.
Pave 2nd Ave. & make 1 way from downtown East
200 Levee Dr. Alley Drive - Most Important Entrance
Development of downtown streets to better handle the traffic.
Senior Citizens crossing.
Decent , safe crossing from Levee Drive across 1st Street - so
More highways ! Especially from Shakopee to Eden Prairie
4 lane hi-way & 4 lane bridge across Mn River. How about from
Co. Rd. 83 across river at flying cloud. ???
Bridge Crossing
Move bridge crossing out to town !
Definitely Improved Downtown Bridge Crossing & Highway
Better access to I-494
Main Hiway traffic to By-Pass around town instead of through
it.
Traffic relief from race track & Renaissance & Valleyfair
Improved highway system in and around the Shakopee area due
to increased traffic during summer. Pressure must be put on
State to alleviate problem now ! !
Four lane highway into the cities.
Shakopee By-Pass
By-pass Shakopee
Bypass for Highway 169 should be No. 1 on the list.
A better system for moving traffic during the horse racing season
and renaissance festival.
City/Highway By Pass
Get the traffic off main drag
Traffic rerouted off First Ave.
Speed up by-pass to divert traffic !
By-Pass for Shakopee
Reroute 169 so it doesn ' t go through town.
169 by pass
Remove Highway 169 from the downtown area or relocate the shops
169-101 By Pass Highway - get the by-pass in, then develop.
Better handling of traffic during summer & fall activities
(Valleyfair ; Renaissance ; Canterbury)
Freeway "around" City .
Less traf: -c through downtown - to be able to cross the street
without risking your life.
By-pass
By-pass around town - there is nothing but trucks and traffic
jams downtown.
If you have to drive 169 everyday or even once in awhile you
will know nothing is more important than fixing it . We may
move to avoid it.
Reroute all truck traffic around downtown !
By pass to south of city
Downtown by-pass
By-pass traffic to racetrack. Reduction in SW rates for Sr. Citi-
zens.
We need a by pass on south side of town before we need any im-
provements downtown. We have to get rid of the truck traffic.
Not a new bridge - rather improve roads to facilitate access
and egress from present bridge on the city side.
6 lane bridge crossing.
New River crossing east of town to lessen downtown traffic. -
Quit the parking ban !
2 lanes coming into town down Flying Cloud Hill and across the
bridge because of the racetrack traffic - it' s disgusting.
Traffic improvement - racetrack causes too much congestion downtown
and coming into town across the bridge.
Freeway from cities - over river
A four lane highway & new Minn. River bridge east of Shakopee.
Another bridge across the river.
New bridge that crosses Mn River - traffic is unbelieveable
Most Important Downtown Bridge Crossing & Highway
Better highways to get to Shakopee. We are planning on moving
because of the congestion to & from Shakopee.
Permenant ice arena structure, city help fund present one.
Improved running paths.
Cut down on motorcycle & snowmobile & speeding cars on 12th
Street. Get a new flag for our City Hall ! You people are a
disgrace to the American flag and our City to allow that rag
to fly for all to see !
More dedicated police officers.
Controlled speed on Levee Dr. Its gotten to be a racetrack.
More parking ordinance and enfor.ement. Also more zoning code
enforcement.
Enforce traffic regulations speed & stop signs - cross walks.
Reduce speed on 17 to Junior High.
Pass a , law when a person crosses the street at designated areas
the traffic will stop.
Also Co. Rd. 18 bridge crossing needed.
The completion of County Road 18 from Bloomington to Shakopee
across the Minnesota River.
Build bridge on east end of town.
By-pass a bridge at 18.
By-pass and bridge to Hwy. 18
Hwy 18 bridge
Another bridge to the east of downtown.
County Rd. 018 River Crossing.
New Minn. River Bridge at County Road 18
Bridge across river at County Road 18 - needed badly
Co. Rd. 18 & By-pass and Improved downtown bridge crossing
Co. Rd. 18 bridge 5- by-pass
By-Pass
Move highway 169 to by-pass city.
By-Pass
r
Fix city streets
Pave & repair existing streets better.
Fix our road - Deerview Acres
Better street maintenance
Improve the shape of 4th St.
Extension of 6th or 7th Street East to County Rd. #17 .
Also - No more low & moderate income housing & redevelop
downtown streets and buildings after bridge .
No recreation racing track past senior cit. bldg.
Youth Center - or something that could be geared to the teenagers
in the area .
City should help finish developing Tahpah Park - Football Field
Baseball Stadium - Softball Lights
Singles Club
We need a YMCA to help keep youth off streets & give them con-
structive to do, and keep everyone healthy with programs of
physical fitness.
A movie theatre
Ice Arena for our progressive community
Civic Center - Ice Arena
Outdoor jogging track or a indoor one.
Indoor playground for bad weather.
Public restrooms
Spend some Tax Money on the parks and an ice rink. _
More things for all of our children. (Go to & do) .
More long pave bicycle paths in and around the City.
Additional recreational , and/or entertainment facilities.
"Tolheim" ( sp) at Chaska is beautiful ! Build one like it at
2nd & Fuller.
Cross way for Senior Citizens.
New Bridge & Highway should not be downtown.
Walkway over Main Street Downtown Parking.
Better parking for 1st St. Businesses & Apts.
Hockey Building - Bull Doze whole downtown street & start over.
More parking downtown - Patience for utility Comm. ( "shut off"
notices for being a week late paying bill)
Downtown buildings - fix them up don' t tear them down !
"Spruce up" our town
Take away parking on Main Street
Culivate city pride .
Improve downtown traffic.
Something done with house like the one on 200 Block east 4th
Ave. North side of street "Vierling"?
Low interest finance for start-up businesses.
Forget downtown redevelopment - keep taxes down - don' t overdo
tax increment financing.
Major store complex like Donaldsons, J. C. Penneys, Daytons Stores
and Mall .
Clean up the downtown area.
O"e:-
Make the owners of downtown buildings rehabilitate and redevelop
their own buildings.
Difficult to shop because of traffic.
More businesses, a reason for new businesses to come in to Shakopee.
Hate the DIPS
Get rid of the dips in streets around town.
Get rid of dips
Put culverts in or tile to get rid of all the dips on intersections.
v
Keep better control of dogs .
More law enforcement on edge of city limits.
B. S. N/A
Watch your expense farming ( sp) is down the drain.
cone
I don' t go into Shakopee very often and don' t know what is needed.
Increase police force .
Checking use of funds at utility office/beer funds , etc.
New City Leadership ( City Administrator)
Cutting weeds behind the police station . Removing creosote
poles that smell from behind the police station.
Build City Hall on property already owned by City !
Cut City staff at City Hall .
The most intense , innovative caring school system to provide
each child a feeling of worth in some productive area of society.
None of the improvements listed will mean a thing until we do
something to turn around our lost confused young people , our
future. Shakopee I think is above average as education systems
go but none are filling the needs of such a drastic change we
are seeing in families ( or lack of) . Thanks for asking.
Upgrade school & other youth activities.
Move racetrack out to North Dakota or further away .
Do something about the smell from horse racetrack during summer
months.
Water and sewer developed on Market St. — 4th thru 7th11111
LEAVE EVERYTHING AS IS !
None Needed
Do something about the back sides of building facings , as they
come across the bridge into town.
Face Lift
Lower Taxes - road mtnce in Deerview Acres
Lower taxes
Watch our tax money
None of the above work on keeping our taxes down
Inst of more improvements reduce them, and lower taxes .
Prop, taxes too high
Lower taxes
Personal Property tax break for senior citizens, so they can
maintain their homes.
Lower taxes
Hi rise for Senior Citizens.
More Condo ' s & Apts . Condo ' s clean out ( Bluff Ave . & put in
nice apts . (Badly needed) Build more hotels.
I think we need rental housing that does not increase in rent
every 6 mos, or year.
Senior Citizen Apts, with care unit.
One story townhouses or condos with larger rooms.
Housing for Seniors.
Don ' t need anymore low-income housing !
More moderate income housing for Sr. Citizens.
Improved sewer & water allocations for more housing developments.
More housing for Senior Citizens like the high rise bldg.
Have Dial-a-Ride extended for Sat. & Sun.
Install parking space in City parking lots for Handicapped.
Vehicle for disabled in wheelchair.
Get rid of junk in yards - get rid of chuck holes in alleys
& streets.
Keep the slums off the streets selling racing forms.
C�^
COMMENTS FROM coMMUr,ITY DEVELOPMEP,T SURVEY
More sidewalk by Sweeney Schocl .
More sidewalks & improve old ones .
Sidewalks - 2
Eliminate projects which cause our to)(es to be so unreasonably
high.
Keep utilities bills down.
It ' s hard enough to survive without add - payments.
Stop giving money away example ( Historical Society) & all cf
these studies.
Straighten out tax base so it is in line with other communities.
Sr. Citizen High-rise - additional
More housing for senior citizens away from the highway and move
highway out o'C- downtown area .
Lots available within city limits for new housing needed.
A "nice " retirement place . ( exercise room , whirlpool , pool ,
sauna, no children allowed to live there under 111811 . , heated
parking, rackett ball etc. )
Available low interest home improvement money for middle income
homeowners .
No more townhouses unless each has a yard & space for children
to play.
More housing for low & moderate income households - houses,
not apts.
Definintely not - More housing for low and moderate income house-
holds.
More sanitary sewer to open up more housing dev .
Housing for low & moderate income - we have too much now.
Housing Development for upper income households.
Lower taxes
None of the above - please keep our taxes down ! !
C�I'Y O: S AF;Op_-
Communi_y Development Survey
�. Household CharaczerlStiCS . Please givet7e nu=ber C: erectile
fer each aae arcuo in your househc1" .
0-8 - 69 _
746
19-39
1613
40-59
893
60 plus_
419 TOTAL: 3740
2 . Total Household Income (gross income before taxes)
0-$5 , 000 19
$5, 001-$10, 700 66
$10 ,701-$12 , 250 -- _ 38
$12 ,251-$13 ,750 - 19
$13 ,751-$15, 300 _
I 35
$15, 301-$16 ,250
� 20
$16 ,251-$17 ,200
16
$17 , 201-$18 , 150 25
$18 ,151-$19, 150 47
Over $19 ,150 _
627 TOTAL: ! 912
3 . Check the community development improvements you feel are
most needed in Shakopee.
Housing Rehabilitation
107
More Housing for Low and Moderate Income Households `
444
Improved Downtown Bridae__Crosaing and Highway
1123
Redevelop Downtown Streets and Buildings
575
Improved Storm Sewer System_
Other
99 TOTAL X48
TO: Shakopee Housing and Redevelopment Authority (HRA)
FROM: Jeanne Andre, Executive Director
RE: Small Cities Development Grant
DATE: December 13 , 1985
Introduction•
The HRA discussed some possible options for a 1986 Small
Cities Development Grant at its December 3 , 1985 , meeting.
This memo is a follow-up to that discussion and includes some
additional suggestions.
Background:
The basic statutory objectives of this program are: l )
removing slums and blight; 2 ) providing for low-and moderate-income
persons ; and 3 ) removing serious threats to the public safety
which are of recent origin. The community is requested to survey
the citizens for comments on needed improvements. Attached is
. a tally of the few questions asked and a longer list of all
written comments received.
The following are the topics discussed at the December
3rd meeting:
1) R-O-W acquisition of the bridge/junction improvements.
I have been unable to meet with William Crawford, District
Five Engineer of the Minnesota Department of Transportation,
to determine if the department' s commitment will be increased
beyond that received for last year' s grant.
2) Rehabilitation of the Merchant' s Hotel. There are a number
of possible proposals for rehabilitation of the hotel.
The current contract owners are exploring rehabing the
building into approximately 18 efficiency apartments.
A potential buyer (from the contract owner) may discuss
possible projects with me next week. The fee owner is
planning to repossess the building for non-payment of taxes.
He has not approached me, but may have plans for fixing
up the building. The Scott-Carver Economic Council has
endorsed the concept of rehabilitating the ground floor
as the agency' s offices, with some space used for the food
shelf, headstart and a new homeless program and the upper `
floors rehabilitated into efficiency apartments. They
would like to present an overview of this project at the
December 17th HRA meeting. The HRA needs to react to what
use would be most desired for this building, whether grant
funds should be solicited to assist in redevelopment, and
whether condemnation would be used if a proposal from anyone
besides the owner is pursued.
3 ) Loans for local downtown businesses to expand or improve
their operations. Loans of this nature would be tied to
creation of jobs for low-and moderate-income persons or
removal of slums and blight. There are about ten options
which have come to my attention which I wish to explore
further with the business owners .
In addition to the above ideas , City Administrator John
Anderson has suggested that if we are able to transfer the removal
of the Abeln' s Bar property from the TIF expenditures (by using
block grant funds ) , some TIF could be used as an interest-write-down
to assist senior citizens selling their homes to first-time
home buyers , thereby enabling them to move into the new senior
apartments.
HRA discussion and direction on the above possible projects
and any new projects proposed by the HRA is necessary. In addition
extra help in developing a proposal is needed. Timm Nelson,
a University of Minnesota student has been helping various depart-
ments with heavy work-loads since last summer. He would be
available to assist in the grant preparation over the next seven
weeks. With a wage of $6 . 00 per hour, seven weeks of assistance
would cost $1680 .
Requested Action:
i) Discussion of possible activities to be included in a grant
proposal and reaction to the Scott Carver Economic Council
proposal.
2) Authorize the employment of Timm Nelson as a student intern
at $6/hr. for a seven week period.
tw
DEIC 1985
association of
metroolitan CITY OF St�AKOPEE
p
December 3 , 1985 municipalities
MEETING NOTICE
TO: AMM Member Cities
FROM: Jatr gScheibel, President
`J AMM MEMBERSHIP GENERAL MEETING
TO CONSIDER LEGISLATIVE POLICY
AND BY-LAWS AMENDMENTS
DATE : Thursday , January 9 , 1986
TIME : 7 :00 REGISTRATION AND REFRESHMENTS
7 : 30 BUSINESS MEETING COMMENCES
LOCATION : Brooklyn Center Community Center
Social Hall
6301 Shingle Creek Parkway ( see map on otherside )
Brooklyn Center, Minnesota
AGENDA
1 . Call to order.
2 . Announcements and review of voting procedures.
3 . Consideration of proposed By-Law Amendments.
4 . Consideration and Adoption of the proposed new legislative
policies and modifications to existing policies as recommended by
the Legislative Policy Committees and as approved by the Board of
Directors.
5 . Other business.
6 . Adjournment .
PLEASE NOTE
A . This notice is being mailed to Mayors, Manager/Administrators,
and Delegates.
B. Copies of the proposed Legislative Policies and proposed-
By-Law
roposedBy-Law Amendments are being mailed to the Manager/Administrator
for distribution to Mayors and Councilmembers .
C. We strongly encourage each city to have one or more
representative in attendance to cast your votes on these very
important matters.
188 university avenue east, st. paul, minnesota 55101 (612) 227-5600
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association of
metropolitan
municipalities
TO : Chief Administative Officials
FROM: VeVpeterson, Executive Director
SUBJECT : 1986 Legislative Policy Addendum and Proposed
BY-Law Amendments.
Enclosed are copies of recommended AMM Policy additions and
changes for the 1986 session for yourself, Mayor and each
City councilmember. Also enclosed for distribution are
several proposed By-Law Amendments.
We would appreciate your distribution of these materials to
your Mayor and Councilmembers for review and discussion
prior to and in preparation for the Membership Meeting on
January 9 , 1986 .
Also enclosed is a brochure for a conference on the
"Changing Roles of Government in Public Health" to be held
on January 17 , 1986 at Hamline University . The AMM is not
a sponsor or co-sponsor of this conference but we are
sending you this brochure since the subject matter may be of
interest to you or your city .
Thank you !
•
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
too
as t ociation of
n
e ropolitan
December 3 , 1985 municipalities
Dear AMM Member City Official:
Subject : Proposed Amendments to AMM By-Laws.
Attached are several proposed amendments to the AMM By-Laws
which are being sent to you for your review and consideration.
The majority of these amendments were proposed by a Special
By-Laws Committee which was appointed by the Board of Directors
in June . When reviewing the proposed amendments developed by
the committee , the Board decided to propose several additional
"housekeeping type" of amendments to improve clarity and to
eliminate redundant wording. Members of the By-Laws Committee
were Pat Hoyt Neils, Plymouth Councilmember, who served as
Chairperson and Bea Blomquist , Eagan Mayor, Jan Haugen,
Shorewood Councilmember, Jim Lacina, W000dbury Administrator ;
Don Pauley, Mounds View Administrator, Neil Peterson,
Bloomington Councilmember; Dennis Schneider, Fridley,
Councilmember; Maureen Warren, St. Paul, Mayor' s Office.
The Committee and Board , in addition to the housekeeping
amendments, are recommending that the AMM' s fiscal year be
changed from a June through May time period to a calendar year
basis; reduce the maximum number from two to one of
representatives from a single city allowed on the Executive
Committee and reduce the maximum number from three to two of
the representatives from a single class of cities allowed on
the Executive Committee. The key to understanding the proposed
amendments is : new wording is underlined and wording being
deleted is -er-osse-d off.
We hope that you will examine the proposed amendments carefully
and attend the membership meeting which will be held Thursday,
January 9 , 1986 at 7 : 30 P .M. in the Brooklyn Center Community
Center Social Hall to consider these proposed amendments. The
By-Laws can only be amended by a two-thirds majority vote at a
membership meeting attended by at least 30 percent of the
active AMM member cities.
Respectfully,
AMM By-Laws Committee and Board of Directors
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
� 01/
BY LAWS
OF THE
ASSOCIATION OF METROPOLITAN MUNICIPALITIES
Adopted : June 6 , 1974
First Revision : May 19 , 1976
Second Revision: January 5 , 1978
Third Revision: May 24 , 1979
Fourth Revision: May 28 , 1981
Fifth Revision: December 30 , 1981
Sixth Revision: May 26 , 1983
-1 -
BY LAWS
OF THE
ASSOCIATION OF METROPOLITAN MUNICIPALITIES
ARTICLE 1 .
NAME
SECTION 1 .
The name of the organization shall be the :
ASSOCIATION OF METROPOLITAN MUNICIPALITIES
SECTION 2.
The prinicipal office of the organization shall be at a
place in the Twin Cities' metropolitan area, as designated
by the Board of Directors. The organization may have such
other offices and may from time to time be designated by
the Board of Directors.
ARTICLE II
DEFINITIONS
SECTION 1 .
The term "Association" shall mean the "Association of
Metropolitan Municipalities"
SECTION 2.
The term "municipality" shall mean "city , village ,
borough, or town" .
SECTION 3.
The term "Board" shall mean the "Board of Directors" of
the Association.
SECTION 4 .
The term "active member" shall mean any municipality whose
dues are current.
-2-
ARTICLE III .
PURPOSES
The purposes of this organization shall be:
1 . To effectively express in a united voice , policies
concerning the structure , powers and other matters relating
to municipal government for the municipalities in the
metropolitan area.
2 . To serve as a forum through which all municipalities or
groups of municipalities may develop and propose policies
and position on matters of concern to the metropolitan
municipalities and develop strategies for advocating those
policies and positions.
3 . To serve as a forum for the interchange of ideas and
information among municipalities in the metropolitan area
and to foster intermunicipal cooperation.
4 . To develop and provide , either alone or in concert with the
League of Minnesota Cities or other organizations or
agencies , programs of technical assistance to member
municipalities.
5 . To foster , generate and promote information and data
concerning the problems and issues affecting municipal
government in the metropolitan area to the state
legislature, in particular, and to the public at large.
6 . To encourage the improvement of municipal government in the
metropolitan area by holding conferences and by fostering
pertinent research projects.
7 . To work closely with the League of Minnesota cities in the
interests of members of this Association of Metropolitan
Municipalities.
8 . To strive to make the metropolitan area and its component
municipalities more efficient and progressive in the
continuing task of making the quality of life as complete ,
satisfying and enriching as possible for all citizens.
-3-
ARTICLE IV.
MEMBERSHIP ELIGIBILITY
SECTION 1 . ACTIVE.
Any municipality within the jurisdiction of the
Metropolitan Council of the Twin Cities' area is eligible
for active membership in the Association.
SECTION 2. ASSOCIATE MEMBERS.
Any public official , upon application , approved by the
Board of Directors, and upon payment of nominal dues, the
amount of which is to be determined by the Board , -e€-
-Rt-reet-oi-e3 may become an associate Member. An Associate
Member shall have the privilege of full participation in
Association activities, but shall not have the right to
vote at membership meetings or the right to membership upon
the Board of Directors.
ARTICLE V.
DUES AND ASSESSMENTS
SECTION 1 . SCHEDULE.
The annual active membership dues schedule shall be fixed
by the Board e€ D-i-ree and shall be coordinated with the
annual dues to the League of Minnesota Cities , and the
schedule may provide for a minimum charge for each member.
The total dues for each member shall be rounded to the
nearest dollar. The dues shall be fixed by the Board e-f-
-Di-ree�ors- in amounts which, together with other income and
surplus funds, if any , are sufficient to finance the budget
adopted by the Board. A change in dues schedule shall be
made no later than +Lm L- August 1 of the year -i-i:?? *h4&h- i1r €a
tc7bL-C nle prior to the effective change.
SECTION 2. FAILURE TO PAY DUES .
Dues shall be payable annually and will be billed to
member cities in +u-n -January . Any member which has failed
to pay its dues by the first of Febr-usr-yr Mav following the
due date shall be stricken from the membership roll .
Reinstatement shall be upon such terms and conditions as
prescribed by the Board .e€ Any member may
withdraw from, the organization upon payment of all dues to
date and by notifying the Executive Director of the
Association in writing.
SECTION 3 . SPECIAL ASSESSMENTS.
Special assessments may be charged to a member municipality
-4-
or group of member municipalities for services received
above and beyond normal membership services. Agreements to
provide the services shall require the approval of the
Board e&f- &i-pe-94,9-ps- and shall be administered by the
Executive Director.
SECTION 4 . DUES APPROVAL .
Any dues increase which would exceed the cost of living
increase for the Minneapolis-St. Paul area as measured by
the Consumer Price Index (CPI ) for the proceding calendar
year would require approval by the member municipalities.
Such approval action would be conducted in the same manner
as specified for amending these by-laws in Article XII ,
Section 1 .
ARTICLE VI .
FISCAL REQUIREMENTS
SECTION 1 . BUDGET
The Annual Budget shall be adopted by the Board e
Di-r�eten-s. i-n- 4a-y- by August 1 immediately preceding the
fiscal year for which the budget is applicable .
SECTION 2. FISCAL YEAR.
The fiscal year of the Association shall be
4dTi-e- January 1 through to- Ma-y- December_ 31 .
SECTION 3 . AUDITS.
The accounts and finances of the Association shall be
post-audited annually.
ARTICLE VII .
OFFICERS
SECTION 1 . OFFICERS
The officers of the Association shall be President , Vice
President , 16 Directors and the immediate Past President ,
all of who shall together constitute the Board. af-
�i-�►ee t-e t-s.
-5-
SECTION 2. OFFICERS' TERMS.
Officers shall be elected at the Annual Meeting of the
Association and they shall take office June 1 following
the Annual Meeting. The President and Vice-President shall
each be elected annually for one-year terms , and the
Directors shall be elected for two-year overlapping terms.
Eight Directors elected in even numbered years and eight
Directors elected in odd numbered years. The same person
may not be elected to the office of President for more than
two successive terms. The same person shall not be elected
to the Board ef R}pe�o-rs- for more than two consecutive two
year terms or serve more than five years if first
appointed by the Board or elected at the Annual Meeting to
fill a vacancy , unless elected to the presidency or
vice-presidency . Except for cities of over 75 , 000
population, when a director or officer leaves the Board e€-
4�i-ree-trot-&- for any reason , primary consideration for
replacement will be given to member cities who have not
been represented on the Board during the past 12 months.
SECTION 3. ELIGIBILITY
To be eligible to be elected and to serve or to continue to
serve as an elective officer of the Association, a person
shall be an elected official or full time employee of a
member municipality . Any vacancy in an elective office
shall be filled for the remainder of the term by the Board;
-&f- -Brneetei-e-, except that a vacancy in the office of the
President shall be filled for the remainder of the term by
the succession of the Vice President , and except that a
vacancy in the office of director occurring within 60 days
prior to -en-lhe Annual Meeting and which term has more than
one year remaining shall be filled by election at the
Annual Meeting for the remainder of the term . The
provisions of this section shall not apply to the office of
the immediate past president.
Any member of the Board -e-€ D+reeters- who is absent for
three consecutive meetings or who is absent for any four
regular meetings gra- air eae year- during any
consecutive 12 month period commencing June 1 shall be
deemed to have resigned from the Board , and the vacancy
filled as provided in this section. An-y v-&eane-y- aceau-pr4ng
a s a- -rae w-1-t eP t h3 a a t-te-md-e nee- ire ed rro-� b-e—f+l+e d-
by- gnat-mer- c.f--i a-i a i a€- tie- same -e i tj-.
-6-
n �
SECTION 4 . PRESIDENT.
The President shall be Chairperson of the Board e-f-
D-i-.eatar& and the Executive Committee. The President shall
preside at all general membership meetings and all other
meetings of the Association, houever, the President may
designate an alternate to preside at any such meetings.
The President shall appoint all committees established by
the Board e€ -&i-rtct&ra or the By-Laws , subject to
confirmation by the Board, of 4)-it&ee&t-9ra-,
SECTION 5 . VICE PRESIDENT.
In the absence of the President , the Vice President shall
act as President.
SECTION 6. EXECUTIVE DIRECTOR.
The Executive Director shall be the chief administrative
officer of the Association , subject to the general
supervision of the Board. o iii-eche-t-s-. The Executive
Director shall have the following duties for the
Association: appoint employees and administer the office;
prepare an annual budget of revenues and expenditures for
the consideration of the Board -€ &i-reet-o" and shall limit
expenditures to the total budget approved by the Board- -of
4i-ee&ter-e-; submit to the Board. a€ D-i-re-et-e" and /the
membership an annual report of affairs , services and
finances ; have charge of the records , accounts and
property ; cause an official record of all meetings to be
made ; and act as Treasurer and handle all funds . The
Executive Director and employees so designated by the
Executive Director shall post a corporate surety bond at
the Association expense. During state legislative sessions
the Executive Director shall institute a system whereby
member municipalities are alerted to introduced bills which
affect municipalities and shall to the greatest extent
possible relate the potential impact the bills could have
on municipalities.
-7-
ARTICLE VIII .
BOARD OF DIRECTORS
SECTION 1 .
The Board a D-ir-ect, mss shall consist of all officers of the
Association . All classes of cities of the Association
membership shall be represented on the Board. opf- Hireetcra.
Two directors shall be elected or appointed from each city
of the first class, from the nominations submitted by the
respective cities, and no more than one director shall be
elected or appointed from a single city of any other class.
The Board shall be responsible for the general management
of the affairs of the Association , subject to the
provisions of these By-Laws. The Board shall supervise the
administration of the office of the Association by the
Executive Director of the Association. It shall establish
the positions and fix the rates of pay for employees of
the Association. It may adopt such rules and regulations
for the conduct of its business as shall be deemed
advisable and may, in the execution of the powers granted ,
appoint such agents as it may consider necessary.
SECTION 2.
The Board af- shall hold regular meetings at such
times as may be determined by the Board. Special meetings
may be called by the President or by any three members upon
at least three days written notice to the Board members.
SECTION 3.
A quorum of the Board shall be ten members , including
officers, and action by it shall require the favorable vote
of a majority but not less than eight members.
ARTICLE IX.
COMMITTEES
SECTION 1 .
The President , subject to the approval of the Board , a
4i-peotG-Ps, shall annually appoint such standing, special,
or subcommittees as may be required by the By-Laws, or as
may be found necessary by the President.
-8-
SECTION 2. EXECUTIVE COMMITTEE
There shall be elected annually by the Board &f- -irec c s
four members thereof , who , with the President , Vice
President , and Past President , shall constitute an
Executive Committee . They may exercise the powers of the
Board 4f- Bir-ea-te-re- as delegated by the Board when the Board
e€ is not in session, reporting to the Board e€
Dipeo4o42-s- at its succeeding meeting any action taken. Five
members shall constitute a quorum for the transaction of
business. Representation on the Executive Committee shall
be from all classes of cities , with no more than t*o-
one members- from any single city and no more than +h-ree-
tW_ members from any single class of cities excluding
the past President . Meetings may be called by the
Chairman or by two of its members.
SECTION 3. NOMINATING COMMITTEE.
Not less than 60 days before the Annual Meeting of the
Association, the President , with the approval of the Board ,
e€ B-irsee-tro+69-, shall appoint a Nominating Committee of not
less than five members . In making appointments to the
Nominating Committee , the President shall make the
committee representative of the entire metropolitan area
with regard to both geographic area and population of the
members. Members of the Board ef- D4PQo4o-P-& may serve on
the Nominating Committee . The committee shall nominate , in
writing, candidates for election to the Board -o �ireete3-+s
and their recommendation shall be mailed with the notice
of the annual meeting . In making nominations, the
committee shall attempt to make the nominated slate
representative of the entire metropolitan area with regard
to geographic area and population of the members. At the
Annual Meeting, additional candidates may be nominated by
any member.
-9-
ARTICLE X.
MEETINGS
SECTION 1 .
The Association e€- ge-trepe4A&n Htirrrc+-pa+it-re-.r shall hold
an Annual Meeting in May as the Board may direct , Art ie -aft
and may hold wee other regular or special meetings as may
be called by the Board.e-f—D+react-or-r. All annual and other
regular meetings of the Association shall be held at a
location within the Twin Cities metropolitan area. Notice
of all meetings shall be mailed to the administrative
officer of each member municipality at least 10 days prior
thereto. A quorum for any meeting is 20 percent of the
praie- active members , except that at a meeting at which the
By-Laws are to be amended 30 percent of the pa-id- ave
members shall constitute a quorum. Each municipality shall
designate a delegate and such alternates as it desires to
represent it at all Association meetings and so notify the
Association Executive Director in writing. In case of a
dispute within a delegation as to its representation, the
municipality involved shall determine its representative
through its own procedures . Except on matters of
legislation, each municipality represented at a meeting of
the Association shall be entitled to one vote , which shall
be the majority expression of delegates from that
municipality.
Action on legislative matters and on amending the By-Laws
shall conform to the voting requirements set forth in
Article XI on legislative procedure and Article XII on
amendments to the By -Laws , respectively otherwise
parliamentary procedure shall be according to Robert ' s Rule
of Order.
SECTION 2 .
The President , upon receipt of a written request signed by
officials of at least 20 percent of the member
municipalities , shall call a special membership meeting.
The special meeting shall be held within twenty days
following receipt of the request by the President . All
matters as to meeting procedure and notice shall be as
specified in Section 1 of this Article.
-10-
ARTICLE XI .
LEGISLATIVE PROCEDURE
SECTION 1 .
Except as otherwise provided in this Article , no official
commitment shall be made by the Association on any
proposed legislative matter unless it is approved by the
Board ef- B-ipee-to-re- and is further approved by a two-thirds
favorable vote of the delegates present and voting at the
annual, regular or special meeting.
SECTION 2. VOTING.
The vote on any legislative matter shall be by acclamation ;
but at any time before the result of the vote is announced
the chairman may, and shall, if requeseted to do so by five
or more delegates present , submit the question under
considertion to a vote by municipality , in which case each
municipality shall be entitled to one vote plus one
additional vote for each 50 , 000 population or major
fraction thereof of the municipality above the initial
50 ,000 population, according to the most recent population
estimate of the Metropolitan Council except when there is a
more recent official census . Voting by proxy is not
permitted, nor may any delegate cast more than one vote.
SECTION 3.
In lieu of approval at a meeting , an official commitment
may be made by mail ballot on any subject of legislation
when authoirized by the Board No commitments
shall be made by mail ballot unless ballots are cast on the
question by at least 20 percent of member municipalities
through their legislative bodies and at least two-thirds of
the municipalities voting approve the commitment . At least
ten days shall elapse between the mailing of the blank
ballots and the counting of the marked ballots.
-11 -
SECTION 4 .
Subjects of legislation shall be initiated either by the
Board , e -Di-re-coo" , by the Council of any member
municipality , or by group of member municipalities, or by
the delegates at an annual, regular or special meeting.
Each subject thus initiated shall , if possible and as
directed by the Board a€- Diruee- '
o sj be referred to a study
f
committee with stafsupport. The recommendation of the
study committee shall be considered by the Board ef-
4i-rect,o" before reference to the delegates for final
action or before mail ballot is taken.
SECTION 5 .
During a legislative session, the Board e€ -D4rec--ar-s or
Executive Committee, whichever urgency requires, may, by a
two-thirds vote of its members, make a commitment on any
bill then pending when the bill is of sufficient general
municipal importance and urgency to require such action. A
commitment adopted under this section shall be presented to
the legislature as an Association Board or Executive
Committee commitment and not an official commitment of the
Association.
ARTICLE XII .
AMENDMENTS TO BY-LAWS
SECTION 1 .
These By-Laws may be amended , repealed or alter*gid , in whole
or in part , at an annual, regular or special meeting by a
two thirds vote of all municipalities voting, provided that
the amendments have been mailed out to members at least
seven days prior to the meeting and provided further that
the amendments are not contradictory with the Constitution
of the League of Minnesota Cities.
-12-
I
ARTICLE XIII .
AFFILIATED ORGANIZATIONS
SECTION 1 .
The Board ef- $i-ve-e"r-& may , on written application and
subject to ratification at the next following meeting ,
recognize as affiliates of the Association ef- ?+et-ropoirit�m
Hut icip-al}-ties organizations whose membership consists
predominately of metropolitan area municipal officials or
employees. The general purpose of such affiliations shall
be to encourage maximum cooperation through the Association
between the various municipal functions , between
administrative departments and councils and between
municipalities throughout the area. The Board may require
for affiliate recognition such conditions as to activities,
membership , and finances as it deems appropriate . The
written request for affiliation should include a letter
signed by the presiding officer which requests
affiliation, a copy of the By-Laws , a membership list , a
list of officers and directors, a description of activities
and a copy of the current budget and financial statement.
In no event shall recognized affiliates advocate
legislative or other policies as Association e
proposals o r policies , o r
mention their affiliation with the Association unless such
proposals or policies have been approved through the
procedure provided in Article XI .
ARTICLE XIV
DISSOLUTION
SECTION 1 .
The Association shall use its funds only to accomplish the
purposes and objectives specified in these By-Laws, and no
part of funds shall inure , or be distributed , to the
members of the Association except upon dissolution . On
dissolution of the Association, any funds remaining shall
be distributed t o e-n-o -op- %o4-$ -P e-g is l a-r.Lyt-. e.r,&a4a.i z.e d- an i
*ua l i f-i ed -0 p- $o.4e.P n%e P t --:6e- 4 e-
se�eated -byt-tie- a-rci--o-f-Di-�ee.to.�s-. xhe active members on a
pro rata basis .
-� 3-
0-
1
as tociation of
e ropolitan
municipalities
P R O P O S E D
A D D E N D U M
T 0
P O L I C I E S
A N D
L E G I S L A T I V E P R O P O S A L S
1985-1986
FOR CONSIDERATION BY THE ASSOCIATION MEMBERSHIP ON
JANUARY 9 , 1986
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
l
association of
metropolitan
municipalities
December 3 , 1985
Dear AMM Member City Official:
Attached are recommended policy additions and changes for the
AMM 1986 Legislation package . Except where noted , all policy
adopted last year for the 1985-1986 Legislative biennium is
still in affect for 1986 and actions this year are in addendum
to those of last year.
The policies are separated into five sections representing the
five standing committees. Each policy , following the title , has
an indication of New, Additional, Delete, Replacement or
Modification. New and Replacement are entirely new language.
Delete has a single cross out to show complete deletion of
existing language. Additional and Modification repeat existing
policy language with the use of underlining for added language
and dash marks over existing words which are to be deleted.
There will be a meeting of all AMM member cities to discuss and
vote on these recommended policies. The membership meeting will
be held Thursday evening, January 9 , 1986 at 7 :30 P .M. at the
Brooklyn Center Community Center in the Social Hall.
The AMM Revenue Committee is meeting weekly to study and develop
additional policy concerning Fiscal Disparities. Its action is
expected to culminate in early to mid December, at which time ,
any policy recommendations will be forwarded to you.
We hope that you will examine these proposed policies carefully
and attend the membership meeting to provide your input in the
AMM policy process.
Respectfully,
AMM Board of Directors
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
I N D E X
PAGE NUMBER
I . MUNICIPAL REVENUE AND TAXATION 1 - 2
II . GENERAL LEGISLATION 3 - 7
III . HOUSING IN THE METROPOLITAN AREA 8 - 14
IV . METROPOLITAN AREA ISSUES AND CONCERNS 15 - 18
V . TRANSPORTATION 19 - 20
� cil
I .
MUNICIPAL REVENUES AND TAXATION
PAGES 1 AND 2
I
MUNICIPAL REVENUES AND TAXATION
I-A-2 LEVY LIMIT INDEX (New Policy)
The 1985 Legislature reversed the annual levy limit base increase
index from the greater of the Implicit Price Deflator or 5% to
the lessor of these. For many years cities argued that the levy
base increase should not be a flat percentage but be indexed to
reflect cost of doing business. This is especially true since
labor costs are 60 to 65 percent of the total municipal cost , yet
because of the state PELRA laws control of wages and wage
increases often is determined by outside arbitration . Also ,
during those years, of flat percent increase , many adjustments and
gimmicks were needed to keep up but since the adoption of the
Implicit Price Deflator as an index, this has not been the case
and property tax increases have been reasonable.
THE AMM URGES THE LEGISLATURE TO RESTORE THE ANNUAL LEVY BASE
INCREASE TO THE IMPLICIT PRICE DEFLATOR OR 5% WHICHEVER IS
GREATER.
I-B-11 COMPARABLE WORTH AND FAIR LABOR STANDARDS LEVY BASE
ADJUSTMENT (New Policy)
Recent actions at the Federal and State levels concerning public
employee compensation is having a significant affect on the
ability of Minnesota cities to meet the increasing salary required
to maintain current staffing levels. Implementation of Comparable
Worth salary studies and compliance with the Fair Labor Standards
Act per the Garcia decision may cause city payrolls to increase
well above the percentage allowed by the restrictive 5 % levy
limitation imposed upon cities over 5000 population. Most cities
budgets are 65% to 75% payroll related , therefore , labor related
mandated increases above normal inflation can not be accommodated
without service reductions in various sensitive public health and
safety areas.
THE AMM STRONGLY URGES THE LEGISLATURE TO PROVIDE LEVY BASE
INCREASES TO COMPENSATE FOR MANDATED IMPLEMENTATION OF
COMPARABLE WORTH AND COMPLIANCE WITH THE FAIR LABOR STANDARDS ACT .
I-B-12 INFRASTRUCTURE REPLACEMENT SPECIAL LEVY (New Policy)
The legislature has in the past , recognized the need for
establishing special funds to ensure that local government
infrastructure ( roads, bridges, etc . ) is maintained in a safe and
usable manner by the creation of a Public Works Reserve Fund ,
Minnesota Statutes 471 .57 • However , this law was passed prior to
the enactment of the very strict levy limitation law , Minn .
Statute 275 .50 which negates the ability to create such a fund.
Many cities will soon be faced with the need to replace existing
-1 -
facilities such as streets . This is very costly and based on
recent trends may not be accomplishable under Minn. Statutes 429
which require at least a 20% assessment , since proving a benefit
for assessment purposes in the courts has become much more
difficult . Therefore ,
THE AMM REQUESTS THE LEGISLATURE TO MODIFY THE CURRENT PUBLIC
WORKS RESERVE FUND TO BE A LEVY OUTSIDE OF THE 275 .50 LEVY LIMITS
OR TO CREATE A NEW SPECIAL LEVY TO ESTABLISH AN INFRASTRUCTURE
REPLACEMENT RESERVE FUND.
I-C-2 LCA ADMINISTRATIVE COSTS (New Policy)
The 1985 legislature provided that a portion of the LGA fund be
paid to the State Auditor and State Demographer for activities
associated with local government . Although the amount of dollars
involved is small, this sets a precedent that could lead to large
allocations of aid funds in the future to fund normal state
government operations and could affect all units of local
government not just cities.
THE AMM OPPOSES FUNDING STATE GOVERNMENT OPERATIONS FROM A PORTION
OF AID ALLOCATIONS AND REQUESTS THE LEGISLATURE TO RESTORE THE LGA
FUND MONIES TAKEN FOR THE OPERATIONS OF THE STATE AUDITOR AND
STATE DEMOGRAPHER DEPARTMENTS.
I-F-4 TELEPHONE TAX FOR 911 (New Policy)
The 1985 legislature enacted a tax on all telephone service to pay
the state share of capital and trunk costs for the mandated 911
Emergency Telephone Service. As part of the 911 mandate , counties
and local units had to pay equipment costs, line costs, and on
going operating expenses from an already overburdened and limited
general property tax levy. Unlike the state , local units do not
have the authority to recover these ongoing costs. Therefore ,
THE AMM REQUESTS THE STATE LEGISLATURE TO INCREASE THE 911
TELEPHONE TAX TO PAY THE LOCAL SHARE FOR EQUIPMENT AND CONTINUING
LINE COST .
-2-
II .
GENERAL LEGISLATION
PAGES 3 THROUGH 7
GENERAL LEGISLATION
II-DATA PRIVACY AND OPEN MEETING (Additional Policy) .
II-N-1 CONSISTENCY OF DATA PRIVACY AND OPEN MEETING LAWS.
Data privacy laws protect individuals from the release of
information to the public which the legislature has deemed to be
private or which could be unnecessarily harmful to the
individual. On the other hand , the open meeting law prohibits
local government units from holding closed sessions except when
discussing pending or actual law suits with an attorney or labor
negotiations. , Unfortunately , many occasions have arisen in past
years where local units in dealing with individuals or employee
disciplinary matters have been forced to either violate the Data
Privacy Statutes or the Open Meeting Statute in order to fairly
resolve the issue.
THE AMM REQUESTS THE LEGISLATURE TO MAKE THE DATA PRIVACY AND OPEN
MEETING LAWS CONSISTENT SO THAT TO COMPLY WITH ONE LAW A CITY
SHOULD NOT HAVE TO VIOLATE THE OTHER.
THE AMM STRONGLY SUPPORTS LEGISLATION FAVORING DATA PRIVACY OVER
OPEN MEETING WHERE CONFLICTS ARISE TO PROTECT THE EMPLOYEES RIGH,_
OF CONFIDENTIALITY FOR PERSONAL AND PRIVATE DATA AS IS DONE IN
THE PRIVATE SECTOR AND SECURED BY FEDERAL LAW.
II-N-2 DISCOVERY PROCEDURES
Section 13 . 30 of the Government Data Practices Act attempts to
maintain the confidentiality of data used _bv public attorneys in
preparation of litigation, sub,jeut to discovery procedures under
court rules. However, any data relating to litigation under the
control of the responsible authori� other than the attorney, is
subject to the provisions of The Government Data Practices Act .
This provision allows an unfair advantage to persons suint
municipalities by allowing them to avoid normal notice to
municipal attorneys and the use of discovery in preparing their
cases against the municipality.
THE AMM ADVOCATES AMENDING THE GOVERNMENT DATA PRACTICES ACT SO
THAT LITIGANTS WOULD BE REQUIRED TO UTILIZE NORMAL DISCOVERY
PROCEEDINGS WHERE LITIGATION IS___THREATENED .,_OR PENDING AGAINST
MUNICIPALITIES, RATHER THAN ALLOWING ADVERSE PARTIES TO OBTAIN
DATA TO LITIGATE AGAINST MUNICIPALITIES BY USING THE GOVERNMENT
DATA PRACTICES ACT.
-3-
II-T PERA BENEFITS , FINANCING, AND ADMINISTRATION
T-15 DEFINED CONTRIBUTION (N'ew Subpolicy)
Defined contribution plans basically provide that an employee
receives that amount that the employee and employer have
contributed plus accrued interest at exit from public employment
or retirement . The amount can be taken in lump sum or used to
provide various annuity arrangements. It provides complete
portability and certainty of ownership of the account which cannot
be modified- by legislative acts. It resolves intergeneration
fights and fights between current generation employees as well as
forever resolving underfunding questions and ends pressures for
political tinkering for various benefit modification.
THE AMM SUPPORTS IN CONCEPT A CHANGE IN THE MEANS OF PROVIDING
PENSIONS FOR NEW MINNESOTA PUBLIC EMPLOYEES FROM THE PRESENT
DEFINED BENEFIT TYPE PLANS TO A SINGLE DEFINED CONTRIBUTION PLAN.
CURRENT EMPLOYEES SHOULD BE GIVEN THE OPTION TO TRANSFER INTO THE
NEW PLAN. HOWEVER, THE AMM WILL OPPOSE ANY SUCH LEGISLATION WHICH
DOES NOT CONTAIN A CLEAR COMMITMENT BY THE STATE TO FUND ANY
DEFICIT CREATED IN PRESENTLY EXISTING DEFINED BENEFIT PLANS
RESULTING FROM THE TERMINATION OF THE ENTRY OF NEW MEMBERS, AND A
MUNICIPAL CONTRIBUTION RATE THAT IS AS LOW OR LOWER THAN EMPLOYER
CONTRIBUTION RATES TO EXISTING PLANS.
II-U TORT LIABILITY LIMITS (delete for replacement)
ing the 1983 legislative session, Tort liability limits for
loc governments were increased from $ 100 ,000/$300 ,000 to
$200 , 0 $600 , 000 as of August 1 , 1984 . Limits for Hazardous
Waste di sal claims are $300 ,000/$600 ,000 and will be
$400 ,000/$ 1 , 000 effective August 1 , 1984 . During these
discussions, the overnors office expressed a desire to remove
Tort liability li Its altogether. If done, this could have a
critical and disastr effect on city financing and property
taxes. The cost of pr ' ding insurance for unlimited liability
would be prohibitive and ca a long term unnecessary major
property tax increase . Also, ' f a major claim were to be filed
and supported through the judicial stem for a sum far in excess
of what might be considered reasonable , a local jurisdiction could
literally be driven to financial ruin wi the taxpayers becoming
liable for huge property tax payments. Un l a private sector
business , a city cannot merely declare bankru y and cease to
exist.
THE AMM CONSIDERS THE CURRENT TORT LIABILITY LIMITS A UATE TO
SATISFY ANY REASONABLE CLAIM AND THEREFORE URGES THE LEGI TURE
TO RETAIN THE LIMITS IN CURRENT LAW AND NOT CONSIDER UNLIM
LIABILITY.
-4-
II-U TORT LIABILITY LIMITS (Replacement Policy)
The Municipal Tort Liability Act was enacted to protect the public
treasury while giving the citizen relief from the arbitrary,
confusing , and administratively expensive prior doctrine of
sovereign immunity with its inconsistent and irrational
distinctions between governmental and proprietary activities. The
act has served that purpose well in the past , however , courts
frequently forget or ignore the positive benefits secured to
citizens damaged by public servants as a result of enactment of
the comprehensive act which includes some limitations on liability
and some qualifications of normal tort claims procedure.
The special vulnerability of far-flung government operations
to debilitating tort suits continues to require the existence of a
tort claims act applicable to local governments or local
governments and the state. The need for some type of limitations
is evidenced by recent experiences with the insurance market.
Cities in Minnesota are finding it increasingly difficult to
obtain insurance at an affordable rate , if at all. Amendments in
1983 to increase the dollar amounts recoverable by plaintiffs were
League supported and should be adequate to satisfy any reasonable
claim. Further changes in the law should not be made until the
Governor' s Advisory Commission on State and Local Relations
(ACSLR) completes its study of the insurance and liability crisis
local and state governments face and makes recommendations for
statutory changes to the legislature .
THE AMM SUPPORTS THE CONTINUED EXISTENCE OF THE MUNICIPAL TORT
LIABILITY ACT AND RECOMMENDS THAT THE LEGISLATURE REFRAIN FROM ANY
AMENDMENTS OF THE ACT UNTIL THE GOVERNOR'S ADVISORY COMMISSION ON
STATE AND LOCAL RELATIONS SUBMITS A RECOMMENDATION TO THE
LEGISLATURE. FURTHER THE ACSLR STUDY SHOULD EXAMINE THE MERITS OF
A UNIFORM TORT CLAIMS ACT APPLICABLE TO STATE AND LOCAL UNITS OF
GOVERNMENT EQUALLY AS WELL AS OTHER CHANGES SUCH AS LIMITING JOINT
AND SEVERAL LIABILITY.
II X PLUMBING INSPECTIONS (New Policy)
Currently plumbing inspections are being handling as a routine
part of the overall inspections done through city Building
Inspection Programs. No special requirements exist other than
normal certification of the Building Inspector. Electrical
inspections are done by State Electrical Inspectors. In 1985 the
Senate passed and the House considered a bill to require plumbing
inspections be done by licensed plumbers Where this is currently
done , plumbing permit costs are significantly higher .
THE AMM OPPOSES MANDATING BY THE STATE THAT ALL PLUMBING
INSPECTIONS BE DONE BY LICENSED PLUMBERS AS UNNECESSARY AND OVERLY
EXPENSIVE . THE AMM WOULD SUPPORT DEVELOPMENT OF AN APPROPRIATE
PLUMBING INSPECTION TEST AND CERTIFICATION BY THE DEPARTMENT OF
ADMINISTRATION FOR PLUMBERS AND/OR CURRENT BUILDING INSPECTORS IF
THERE IS PROVIDED ADEQUATE TIME AND EDUCATIONAL OPPORTUNITY FOR
-5-
CURRENT INSPECTORS TO BECOME CERTIFIED.
II-Y LAND SALES BY COMPETITIVE BID (New Policy)
Legislation introduced in 1985 (HF 363 , Zaffke , and SF 1289 ,
Olson) would require that any land sold by a city would have
to have three weeks published notice and sold at the most
favorable bid to the city . All bids could be rejected . The
bill did not consider development activities such as TIF ,
HUD, etc . or what happens if no bid is received . Nor did it
consider cases where small or unbuildable parcels exist that
should be handled through negotiated sales or trades with
neighboring property owners.
THE AMM OPPOSES IMPOSITION OF A MANDATED COMPETITIVE
BIDDING PROCESS FOR SALE OF LAND BY CITIES.
II-Z WINE IN GROCERY STORE (New Policy)
Sale of wine in grocery or fast food stores would create many
problems of control for local units of government since
minors have a significantly higher employment rate in these
establishments . A local option on sales is also unworkable ,
particularly where cities share borders and are densely
located .
THE AMM OPPOSES PROVISION FOR THE OFF-SALE OF WINE IN
OTHER THAN LIQUOR STORES .
II — AA CHARITABLE GAMBLING ENFORCEMENT FEES (New Policy)
Since the establishment of the State Gambling Board and
liberalization of charitable gambling permitted within
various establishments , there has been a significant increase
in local enforcement needs and costs .
THE AMM URGES THE LEGISLATURE TO MODIFY THE CHARITABLE
GAMBLING STATUTE TO PROVIDE LOCAL UNITS WITH A SHARE OF
THE ANNUAL STATE PERMIT FEES AND A PORTION OF THE TAX
PROCEEDS FOR ENFORCEMENT PURPOSES.
-6-
II-BB. ASSESSMENT HEARING NOTICE. (New Policy)
The 1985 legislature passed a bill requiring the assessment
amount of a particular parcel to be included in the
individual notice of hearing to the parcel owner. The law,
also, may require each parcel and amount to be listed in the
general notice of assessment hearing published in the legal
newspaper. To publish each parcel and assessment amount in
the general notice is excessively costly and duplicative
since individual notices with individual assessment amounts
are sent.
THE AMM URGES THE LEGISLATURE TO MODIFY THE ASSESSMENT
NOTICE STATUTE TO CLARIFY THAT ONLY INDIVIDUAL NOTICES
CONTAIN ASSESSMENT AMOUNT BY PARCEL AND THAT THE NOTICE OF
ASSESSMENT HEARING IN THE LEGAL PUBLICATION CONTAIN THE
OVERALL ASSESSMENT AREA DESCRIPTION AND OVERALL COST TO
BE ASSESSED.
_7-
AI�
ti
/
14
VALLEY ICE ARENA, INC.
CHASKA P.O. BOX 200 SHAKOPEE
991 11th Ave. West
Shakopee, MN 55379
(612) 445-7982
December 11, 1985
Shakopee City Council
c/o Ms. Judy Cox
129 First Avenue East
Shakopee, MN 55379
Ladies & Gentlemen:
This letter is a formal request for financial aid.
In early November, several members of the Valley Ice Arena Board appeared
before the City Council to present the problems we were facing with
insurance. To reiterate, during the summer we were notified that the
insurance on the structure was being cancelled. Another insurance carrier
would provide structural insurance at a cost of $25,000 per year. Given
the value of the structure to be approximately $80,000, we elected to go
without coverage.
At a later date, we were informed by our insurance broker that the liability
insurance premium (if we could find any coverage) would increase from the
previous cost of $3,800 per year to more than $12,000 per year. That is
when we appeared before the Council. We had several insurance brokers
working on the insurance and at the eleventh hour one of them was able to
find a carrier who is charging us $5,700 for liability coverage.
In the beginning of the year the financial projections were such that we
felt we could generate enough revenue to operate the facility and get
caught up on many of our debts. However, because of our inability to
partially fund the labor costs through the MEED program as we had in
previous years, in addition to the increased insurance costs, our plan
is in jeopardy.
Moreover, with the tentative plans for a new ice arena in the Mall, the
current arena faces a very uncertain future. We are, therefore, very
reluctant to borrow money to cover the current year's cost.
Our appeal is based on the circumstances described above and can be
(hopefully) justified by the fact that the Arena is providing a number of
Shakopee City Council
Re: Valley Ice Arena
Page 2
hours of "open" or recreational skating for Shakopee area residents.
The financial results of providing this to the community is shown below:
Income from tickets $1,350
Less:
Ice time ($2,813)
Open skating insurance ($ 798)
Extra labor ($ 515)
Total Costs ($4,126)
Result (loss) ($2,776)
Any financial relief you could provide would be greatly appreciated. One
or more representatives from the Arena would be willing to appear at a
future meeting to answer any questions.
Respectfully,
VALLEY ICE ARENA
Bruce M. Hebeisen
Secretary
/gz
MEMO TO: Mayor and Council
FROM: John K. Anderson, City Administrator
RE: Downtown Ad Hoc Committee Recommendations For TH 169/101
Bridge/Junction Improvement Task Force
DATE: December 11 , 1985
Introduction
The Downtown Ad Hoc Committee met on December 11 , 1985 to finalize
the process for reviewing alternative bridge alignments and roadway
alignments for the above mentioned improvement. The Committee
recommendations below cover three areas: 1. Make up of the task
force, 2 . Alternatives to be reviewed by the task force and
3 . Objectives and measures suggested for use by the task force :
Task Force
The Committee has reviewed a recommendation from Barton-Aschman and
City staff for the creation of a task force that would serve as an
evaluation committee selecting the bridge and roadway alignment for
final approval by the Downtown Committee and City Council. The task
force concept was recommended by Barton-Aschman who has . experience
in working with Mn/Dot on joint state/local funding for projects.
The Downtown Committee nas recommended a seven member task force made
up of the following positions with recommendations for filling the
positions in a number of cases.
Position/Agency Suggested Appointment
1. Mayor-Council Member Jerry Wampach
2. Downtown Committee Chair or Member Terry Forbord�
3 . City Engineer Ken Ashfeld
4. Community Development Director Jeanne Andre
5. Scott County Engineer Brad Larson
6. Mn/Dot Carl Hofstadt
7 . Met Council Transporation Planner
*Barton-Aschman has recommended that the Met Council. representative
be a traffic planner as opposed to a long range planner, an
appointed or elected official or a Highway Engineer. Barton
Aschman has suggested that Steve Alderson might ne a logical
appointment. The Downtown Committee took no action on this
position because they have not worked with Mr. Alderson.
Alternative Bridge and Junction Improvements
The Downtown Committee has retained the original twelve alternatives
suggested by the Committee , citizens , and Mn/Dot and has added a
thirteenth and fourteenth alternative which are variations of the
original twelve alternatives . The Committee is recommending that the
task force apply the initial screening criteria to all possible
(Downtown Ad Hoc Committee Recommendations for TH 169/101
Bridge/Junction Improvement Task Force )
alternatives so that a logical rational is established for the alter-
natives that are successful in the initial screening , and which will then
receive more intensive evaluation ieaaing towaras the final selection.
The maps of the fourteen alternatives are attached.
Suggested Objectives and Weiahting Criteria to be Used by Task Force
The Downtown Committee , at its December 11, 1985 meeting, passed a
motion submitting the attached selection objectives and measures to
Council for approval for submittal to the task force. The task force
and Mn/Dot will be arriving at their own final criteria, but will be
using the criteria suggested by the City as the starting point.
Alternatives
The City Council has a number of alternatives that it can consider.
The alternatives range from not taking the task force approach to
adopting the recommendation from the Downtown Committee as
presented.
i. Make the decision to select the final roadway alignments
with the existing Downtown Committee. This alternative
had considerable discussion at the Downtown Committee
meeting. At that meeting I pointed out that the City is
contributing an estimated 1. 9 miilion dollars to the project
and Mn/Dot may be committing up to 8 million dollars for
the project. For this reason it is unrealistic for us to
believe that Mn/Dot would participate in constructing the
improvements proposed without having some formai say in the
process which was used to make the final bridge and road
alignment selection. The process being proposed was
proposed by Dean Winger from Barton- Aschman who is very
familiar with Mn/Dot procedures when there is a state/local
partnership in the construction of major highway facilities .
I also reminded the Committee that we are not starting from
scratch. That the Committee at one time had arrived at an
alternative that Council approved, but which was later set
aside when Mn/Dot decided they could commit more money to
the project.
2. Council can adopt the basic framework being proposed by
Barton-Aschman and approved by the Downtown Committee with
minor changes to the task force make up, the fourteen
alternatives recommended for review and the objectives and
measures suggested for use by the task force in selecting
a final roadway and bridge alighment.The Downtown Committee
focused most of its time on the make up of the task force
at its December 11 meeting. They discussed the fact that
tour members on the task force represent the City of
Gtr
(Downtown Ad Hoc Committee Recommendations for TH 169/101
Bridge/Junction Improvement Task Force )
Shakopee , three of the members are Engineers and two have
a Community Development or planning background. The
Committee also discussed the pros and cons of having a
Met Council member on the task force. It was Barton-
Aschman' s suggestion that Met Council be included on the
task force because Highway 169 is on the regional trans-
portation system as identified in the Met Council transport-
ation study. This means that Met Council has review and
comment authority, but does not have the authority to stop
the project. For review and comment purposes Barton-
Aschman feels that having a Met Council representative
involved in the selection process will better insure
favorable comments when Met Council reviews the proposal.
3 . Council could discuss and modify the objectives and
measures to be used by the task force in evaluating the
fourteen alternatives. Barton-Aschman and City staff have
reviewed,. discussed and revised the list a number of times .
The Downtown Committee did not change anything on the
proposed list.
Recommendation
I recommend that City Council support the recommendations of the
Downtown Ad Hoc Committee by approving the seven member task
force , the 14 roadway alternatives and the objectives and
measures to be used by a seven member task force to make the
final selection for the Highway 169 bridge and Highway 101
intersection improvements in downtown Shakopee.
Action Requested
Pass a motion authorizing the creation of a seven member task force
to review alternative bridge and roadway alignments for Shakopee ' s
downtown redevelopment project, setting the membership of the task
force as proposed by the Downtown Ad Hoc Committee, accepting the
fourteen bridge alignment/roadway alignment alternatives recommended
by the Downtown Ad Hoc Committee and accepting the suggested
objectives and measures to be used by the task force and selecting
a final alternative.
dbs
SUGGESTED OBJECTIVES
I.ND MEASURES
50o CBD Planning Objectives
Objective a. Enhance the retail core .
Suggested measure is travei distance to the intersection of First
Avenue and Holmes from TH 101 , TH 169 , and the area south of TH 169 .
Objective b. Provide future development opportu.ities
Suggested measure is the acreage remaining for new development in the
downtown according to the City of Shakopee plan.
Objective c . Allow for increased parking neear the retail areas
Suggested measure is the acres of residual land suitable for parking
times the distance fromthe retail core.
Objective d. Provide for an attractive circulation system in the
downtown area.
Suggested measure is the number of opportunities provided for pedestrian
facilities, streetscape, planting and buffered parking.
Objective e. Improve Second Avenue retail street.
Suggested measure is the relative volumes assigned to Second Avenue
for each alternate.
Objective f. Provide adequate access and visibility of the Minnesota
River Valley Traail head facility.
Suggested measure is opinion on adequacy and capacity of access to the
trail facilities.
Objective g. Preserve Minnesota River as a scenic recreational amenity.
Suggested measure is informed opinion.
Objective h. Minimize disruption of Senior Citizens housing at Fuller
and Levee Drive.
Suggested measure is traffic volumes and truck volumes within 500 feet
of building.
q G�
Objective i. Provide adauate access to the CBD for the Senior citizens
housing development at Fulier and Levee Drive.
Suggested measure is, is there a positive or negative effect on CBD
shopeeing access for the residents of the building.
30% Level of Traffic Service
Objective a. Accomodate through traffic.
The through movements are primarily trunk highway movements. They
include North TH 169 to West TH 169 , North TH 169 to East TH 101
and West TH 169 to East TH 101.
The suggested measure is travel time times volume for each of
the three. It should be noted that the three movements wi.il
change in importance between 1985 and the year 2000 if the outer
bypass of Shakopee is built. (Should pick i year for evaluation) ?
Objective b. Remove through traffic from the core area , including truck
traffic.
Suggested measure is the number of through trips and truck trips diverted
from First Avenue. (The truck trips might be factored up by a factor
three. )
Objective c. Maintain access to the retail center.
Suggested measure is the percent of trips inconvenienced.
Objective d.Create identifiable, convenient and safe entrances to downtown.
Suggested measure is opinion of evaluator and the number of access .
Objective e Provide an efficient circulation system for the core
area retailing.
Suggested measure is opinion on circuity by direction to First and Holmes? _
Objective f. Improve level of service for through traffic.
Suggested measure is the level of service calculations for the TH 169
to TH 101 movements. These will be available from the capacity
calculations for the bridgehead or bridgeheads of TH 169 .
Objective q Minimize conflicts between pedestrians and vehicular traffic.
Suggested measure is reduction in traffic on streets which have consid-
erable pedestrian movement. The streets are probably First, Second,
and Holmes.
10% Cost
Objective a. Minimize cost of construction
Suggested measure is preliminary cost estimates for construction.
Objective b.Limit the City' s capital investment to $1 - 9 miiion,
State to $8 million.
Suggested measure is the positive or negative cost variance from $1. 9
million.
Objective c. Minimize impacr on city well #i and electrical transmission
facilities .
Suggest obj . b be set as -limiting factor , yes or no, but no points
given. That is a no to this question at a preliminary stage would
remove alternative from further consideration.
loo Ease of Implementation
Objective a. Minimize detour inconvenience during construction.
Suggested measure is volume times extra travel distance times construction
time for each alternate.
dbs
q a/
carton-Asi Ehman ASSOCiateS, In-..
1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421
MEMORANDUM TO: John Anderson
Jeanne Andre 7,
Jeanne
FROM: Bruce Warzala
DATE: November 21, 1985
SUBJECT: MATERIAL FOR TH 169 ALTERNATIVE REVIEW
Attached is the proposed alternative judging criteria we promised to get to you for
preliminary review at your upcoming meeting with the Downtown Committee. Included
for your use are better copies of the Alternative Maps. You will note that two additional
alternatives have been added. They were obviously not addressed in Deane's October 30,
1985, alternative review memo. Cursory statements as to how these additional alternates
fit in are as follows:
- Alternate 11 is similar to Alternate 10. The difference being the intersections are
on land rather than over the river.
- Alternate 12 is a dual bridge option that connects to Fuller Street. This offers a
connection for the through streets between the CBD and the bypass.
Also enclosed is futher suggestions on alternative grouping committee membership. These
are contained in a copy of a memo to me from Deane Wenger dated November 21, 1985.
If you have any questions give me or Deane a call.
kro/a
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PEMO TO: John K. Anderson, Ci-ty AJministratcr
FROM: Judi Simac , City Planner
RE: Final Plat of Prairie House lst Addition
DATE: December 1-3 , 1985
introduction:
At the December 5 , 1985 meeting the Planning Commission
approved a motion to recommend to the City Council final plat
approval of Prairie House 1st Addition, subject to conditions.
Background:
The recommended conditions of approval are:
1. Approval of a Title Opinion by the City Attorney.
2 . The City Engineer must receive and approve final plans
and specifications for all public facilities including,
but not limited to, roads, sanitary sewer, storm sewer
and grading.
3 . The developer shall provide a recordable agreement which
guarantees the looping of the water system when Outlot
A is replatted.
4. The developer shall provide a recordable agreement which
describes the shared maintenance, by the lot owners , of
the private lift station.
3. The developer shall provide a recordable easement which
allows for , the continuation of the Minnesota River Valley
. trail through the property.
6. The developer shall obtain the necessary permits from the
Mn. Dept. of Transportation.
7. Execution of a Developer' s Agreement for the construction
of the required improvements:
a) Water - installation of a water system in accordance
with the requirements of the SPUC Manager.
b) Sanitary Sewer and Storm Water System - to be installed
in accordance with the requirements of the Design
Criteria and Standard Specifications of the City
of Shakopee.
c) Outlot - Outlot A must be replatted prior to any further
development. Outlots B & C are recommended to
be combined as one outlot with the City Engineer
making a final recommendation to City Council.
RESC:,UTION NO. 2494
A Resolution Approving the Fina-1 Flat of
Prairie House 1st Addition
WHEREAS, the Planning Commission of the City of Shakopee
did approve the Final Plat of Prairie House 1st Addition on
December 5 , 1985 and has recommended its adoption; and
WHEREAS , all notices of hearing have been duly sent and
posted and all persons appearing at the hearing have been given
an opportunity to be heard thereon; and
WHEREAS, the City Council has been fully advised in all
things.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Prairie
House 1st Addition, described as follows:
That part of Section 3 , Township 115 , Range 22 Scott County,
Minnesota described as follows:
Beginning at the intersection of the northerly right-of-way
line of State Trunk Highway No. 101 and the North-South
Quarter line of said Section 3 ; thence on an assumed bearing
of North 73 degrees 15 minutes 41 seconds West, along said
northerly right-of-way line, 190 . 00 feet; thence North
16 degrees 44 minutes 19 seconds East, a distance of 120 . 00
feet; thence South 73 degrees 15 minutes 41 seconds East,
parallel with said northerly right-of-way line, 155. 73
feet to its intersection with the said North-South Quarter
line; thence South 0 degrees 48 minutes 00 seconds West,
along said Quarter line, 124. 80 feet to the point of beginning.
be, and the same hereby is approved and adopted with the requirements
that:
1. Approval of a Title Opinion by the City Attorney.
2. The City Engineer must receive and approve final plans
and specifications for all public facilities including,
but not limited to, roads, sanitary sewer, storm sewer
and grading.
3 . The developer shall provide a recordable agreement which
guarantees the looping of the water system when Outlot
A is replatted.
4 . The developer shall provide a recordable agreement which
describes the shared maintenance , by the lot owners , of
the pr.;_vate 1-ft station..
The developer shall provide a recordable easement which
allows for the continuation of the Minnesota River valley
trail through the property.
e . The developer shall obtain the necessary permits from the
Mn. Dept. of Transportation.
1. Execution of a Developer ' s Agreement for the construction
of the required improvements :
a) Water - installation of a water system in accordance
with the requirements of the SPUC Manager.
b) Sanitary Sewer and Storm Water System - to be installed
in accordance with the requirements of the Design
Criteria and Standard Specifications of the -City
of Shakopee.
c) Outlot - Outlot A must be replatted prior to any further
development. Outlots B & C shall be eliminated
and shown as dedicated right-of-way.
d) Park Dedication - in lieu of land dedication, cash
payment should be made to the park fund at the
time building permits are issued.
e) Streets and Street Signs - to- be constructed in accordance
with the requirements of the Design Criteria and Standard
Specificiations of the City of Shakopee.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk be
and the same are hereby authorized and directed to execute said
approved Plat and Developer' s Agreement.
Adopted in session of the City Council
of the City of Shakopee, Minnesota, held this day of
1985 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 19
City Attorney
1
d) Park Dedication - in lieu of land dedication, cash
payment should be made to the park fund at the
time building permits are issued.
e) Streets and Street Sians - to be constructed in accordance
with the requirements of the Design Criteria and Standard
Specificiations of the City of Shakopee.
Condition No. 7c addresses the proposed outlots. Outlot
A must be replatted. The City Engineer recommends that Outlots
B and C be eliminated and the land area be dedicated as public
right-of-way in the plat. Therefore, the plat will contain
only one outlot, Outlot A.
Action Reauested:
Offer Resolution No. 2494 , A Resolution Approving the Final
Plat of Prairie House lst Addition, and move for its adoption.
cc: Bradford
Lyons
Brezinsky
tw
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Awarding Bid for Eaglewood Reconstruction Bonds
DATE: December 13, 1985
Introduction and Background
Council has authorized bonding for the Eaglewood road reconstruction project.
Bids will be opened 12/17/85 and be presented at the Council meeting for review
and award. Resolution No. 2495 has been prepared by bond counsel (with blanks)
and is attached. This resolution awards the bid.
Action Requested
Offer Resolution No. 2495
Extract of Minutes of Meeting of the
City Council of the City of Shakopee
County of Scott , Minnesota
Pursuant to due call and notice thereof , a regular or
special meeting of the City Council of the City of Shakopee ,
Minnesota, was duly held in the Shakopee City Hall on the
17th day of December , 1985 , commencing at 7 : 00 o ' clock p.m. ,
C.T.
The following Councilmembers were present:
and the following were absent:
The Mayor announced that the meeting was convened for
the consideration of the responses to the City' s Invitation
for Proposals on the City ' s $255 , 000 General Obligation
Improvement Bonds, Series 1986A.
The City Finance Director presented a tabulation of the
responses which had been received in the manner specified in
the Invitation for Proposals on the Bonds. The bids were as
follows:
/� 0-
After due consideration of the bids, Councilmember
introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AWARDING THE SALE OF $255 , 000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986A;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT.
BE IT RESOLVED By the City Council of the City of
Shakopee, Minnesota, as follows:
1. The bid of ,
( the "Purchaser" ) to, purchase the City' s $255,000 General
Obligation Improvement Bonds, Series 1986A ( the "Bonds" ) , is
hereby found and determined to be the highest and best bid
received and shall be and is hereby accepted, such bid being
to purchase the Bonds at a price of $ plus
accrued interest to date of delivery, the Bonds to bear
interest, to mature in the years and amounts, and to be
subject to such other terms and conditions as hereinafter
provided. The sum of $ , being the amount bid
in excess of $251,940, shall be credited to the Debt Service
Fund hereinafter created. The City Finance Director is
directed to retain the good faith check of the Purchaser
pending completion of the sale and delivery of the Bonds and
to return the checks of the unsuccessful bidders forthwith.
2. , The City of Shakopee shall forthwith issue and sell
its General Obligation Improvement Bonds, Series 1986A, in
the total principal amount of $255,000 . The Bonds shall be
dated January . 1, 1986, shall be fully registered without
coupons and shall be numbered R-1 et seq. , shall be in the
denomination of $5,000 each, or in integral multiples
thereof, shall bear interest as set forth below, all inter-
est payable August 1, 1986, and semiannually thereafter on
February 1 and August 1 in each year, and shall bear inter-
est at the rates per annum and mature serially on February 1
in the years and amounts as follows, respectively:
YEAR AMOUNT RATE YEAR AMOUNT RATE
1988 $20, 000 % 1993 $30,000 %
1989 $25,000 1994 $30, 000
1990 $25,000 1995 $35, 000
1991 $25,000 1996 $35,000
1992 $30 ,000
3 -
All Bonds maturing after February 1, 1993 , are subject to
redemption at the option of the City on said date and on any
interest payment date thereafter in inverse order of matu-
rities at par plus accrued interest to date of redemption.
If not all of the principal amount of Bonds of the same
maturity are called for redemption, the Bond Registrar
(hereinafter defined) shall assign a separate number to each
$5,000 multiple of each Bond of that maturity, shall select
the redemption amount by lot therefrom, and shall authenti-
cate and deliver to each registered holder of a Bond par-
tially redeemed thereby a new Bond in the remaining princi-
pal amount not so redeemed.
3. Both principal of and interest on the Bonds shall
be payable by Bank , in
the City of Minnesota, which shall also
act as registrar and transfer agent for the Bonds, or at the
office of any duly appointed and qualified successor thereto
(such agent or successor herein referred to as the "Bond
Registrar" ) , and the City shall pay the reasonable charges
of the Bond Registrar for such services.
4. The Bonds shall be in substantially the following
form:
- 4 -
No. R- $
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF SHAKOPEE
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1986A
RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP
January 1, 1986
The City of Shakopee, Scott County, Minnesota ( the
"City" ) , hereby acknowledges itself to be indebted and, for
value received, promises to pay to
or registered assigns ( the "Registered Owner" ) , upon presen-
tation and surrender hereof, the principal sum of
DOLLARS
on the maturity date specified above, or on any earlier date
on which this Bond may be and shall have been duly called
for prior redemption, and to pay interest to the Registered
Owner from the date hereof on such principal sum, until
paid, at the rate of interest specified above, all interest
payable on February 1 and August 1 of each year, commencing
August 1, 1986 ( the "Interest Payment Dates" ) . Both princi-
pal of and interest on this Bond are payable by
, in the City of , Minne-
sota, or at the office of its duly appointed successor as
paying, authenticating, and transfer agent and registrar for
the Bonds ( the "Bond Registrar" ) , in any coin or currency of
the United States of America which on the date of payment is
legal tender for public and private debts. The Bond Regis-
trar will pay the interest due on this Bond on each Interest
Payment Date by mailing to the Registered Owner ' s address a
check or draft made payable to the Registered Owner, as such
name and address of the Registered Owner appear on the
registration books of the City maintained for the Bonds by
the Bond Registrar (the "Bond Register" ) at the end of the
15th day of the month preceding such Interest Payment Date.
(If provisions of the Bonds are to be printed on the reverse -
side thereof, the face of the Bonds shall contain the fore-
going provisions, the last two paragraphs of the Bonds, the
signatures of the City officials executing the Bonds, and
the seal of the City ( if the same is to be printed on the
Bonds) , and the following paragraph shall be inserted on the
face of the Bonds immediately preceding the above-mentioned
final two paragraphs:
5 -
REFERENCE IS HEREBY MADE TO THE ADDITIONAL PROVISIONS OF
THIS BOND WHICH ARE SET FORTH ON THE REVERSE SIDE HEREOF. )
All Bonds of this issue maturing after February 1, 1993 ,
are subject to redemption at the option of the City in in-
verse order of maturities on said date and on any Interest
Payment Date thereafter at a price at par plus accrued in-
terest to date of redemption. If the City elects to prepay
a principal amount of Bonds which results in not all of the
principal amount of Bonds of the same maturity being called
for prepayment, the Bond Registrar shall assign a separate
number to each $5, 000 multiple of each Bond of that matu-
rity, shall select the appropriate prepayment amount by lot
therefrom, and shall authenticate and deliver to each Regis-
tered Holder of a Bond partially prepaid thereby a new Bond
in the principal amount not so prepaid. Notice of any prior
redemption of this Bond shall be given in the manner re-
quired by law and shall be mailed to the Registered Owner no
less than 15 days prior to the date of redemption.
This Bond is one of an issue of fully registered Bonds
without interest coupons in the total principal amount of
$255,000, all of like date and tenor except as to maturity,
principal amount, interest rate, redemption privilege, and
registration number, all issued by the City for the purpose
of providing money to defray the expenses incurred and to be
incurred in making local improvements, pursuant to and in
full conformity with the Constitution and laws of the State
of Minnesota, including Minnesota Statutes, Chapter 429, and
is payable primarily from special assessments levied or to
be levied against property specially benefited thereby, but
this Bond constitutes a general obligation of the City, and,
to provide moneys for the prompt and full payment of the
principal of and interest on all of the Bonds as the same
become due, the full faith and credit and taxing powers of
the City have been and are hereby irrevocably pledged, and
the City Council will levy ad valorem taxes, if required for
such purpose, which taxes may be levied on all of the tax-
able property in the City without limitation as to rate or
amount.
This Bond may be transferred or exchanged, but only upon
the Bond Register and only by the Registered Owner or its
attorney duly authorized in writing, upon surrender hereof
together with a duly executed written instrument of transfer
satisfactory to the Bond Registrar, whereupon the Bond
Registrar shall authenticate and deliver in the name of the
designated transferees a new registered Bond or Bonds of the
same aggregate amount, maturity, rate of interest, and other
terms hereof. Only the Registered Owner shall be entitled
to receive the principal of and interest on this Bond, and
the City and the Bond Registrar may treat the Registered
- 6 -
16 CIL-
Owner as the absolute owner hereof for all other purposes
whatsoever .
IT IS HEREBY CERTIFIED AND RECITED that all acts, condi-
tions, and things required by the Constitution and laws of
the State of Minnesota to be done, to have happened, and to
be performed precedent to and in the issuance of this Bond
have been done, have happened, and have been performed in
regular and due form, time, and manner as required by law;
and that this Bond, together with all other indebtedness of
the City outstanding on the date hereof and on the date of
its actual issuance and delivery, does not cause the indebt-
edness of the City to exceed any constitutional or statutory
limitation thereon.
IN WITNESS WHEREOF, the City of Shakopee, Scott County,
Minnesota, by its City Council , has caused this Bond to be
executed by the facsimile signatures of its Mayor and City
Administrator; has caused this Bond to be executed manually
by the Bond Registrar., as the City's duly appointed authen-
ticating agent for the Bonds; has caused the official seal
of the City to be omitted from this Bond as permitted by
law; and has caused this Bond to be dated January 1, 1986 .
(OMIT SEAL)
(facsimile signature) (facsimile signature)
City Administrator Mayor
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds designated herein and
issued pursuant to the resolution authorizing its issuance
and delivery.
Bond Registrar
Date of
Authentication: By
Authorized Signature
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned, hereby sells,
assigns, and transfers unto (Tax
Identification or Social Security No. )
7 _
this Bond and all rights thereunder and hereby irrevocably
constitutes and appoints as
attorney of the undersigned, to transfer this Bond on the
Bond Register with full power of substitution.
Date:
NOTICE: The signature to this
assignment must correspond with
the name as it appears upon the
face of this Bond in every
particular , without alteration,
enlargement, or any other
change whatsoever .
Signature Guaranteed:
Signature(s ) must be guaranteed by a national bank or trust
company or by a brokerage firm which is a member of a major
stock exchange.
The Bond Registrar will not transfer this Bond unless
the following information on the transferee is provided
(including such information on all joint owners if the
Bond(s) are to be held by joint account) :
Name and Address:
The following abbreviations, when used in the inscrip-
tion on the face of this Bond, shall be construed as though
they were written out in full according to applicable laws
or regulations:
TEN COM - as tenants in
common UNIF GIFT MIN ACT -
TEN ENT - as tenants by the Custodian
entireties (Cust) (Minor)
JT TEN - as joint tenants Act of
with right of sur- (State)
vivorship and not
as tenants in common
Additional abbreviations may also be used though not in the
above list.
(End of Bond Form)
8 _
lb OL_
5. The City Clerk shall obtain a copy of the proposed
approving legal opinion of bond counsel , O'Connor & Hannan,
of Minneapolis, Minnesota, which shall be complete except as
to dating thereof, shall cause such opinion to be filed in
the offices of the City, and shall cause said opinion to be
printed on each of the Bonds, together with a certificate to
be signed by the facsimile signature of the City Clerk in
substantially the following form:
I hereby certify that the foregoing is a full,
true, and correct copy of the legal opinion exe-
cuted by the above-named attorneys, except as to
the dating thereof, which opinion has been handed
to me for filing in my office prior to the time of
delivery of the Bonds.
(facsimile signature)
City Clerk
City of Shakopee, Minnesota
6. The Bonds shall be executed on behalf of the City
by the facsimile signatures of the Mayor and the City Ad-
ministrator and shall be duly authenticated by the manual
signature of an officer of the Bank of
hereby designated by the City as its
authenticating agent for the Bonds pursuant to Minnesota
Statutes, Section 475. 55, Subdivision 1. The Bonds, when
fully executed, shall be delivered by the City Finance
Director to the Purchaser upon receipt of the purchase
price, and the Purchaser shall not be obligated to see to
the proper application thereof.
7. There is hereby created on the books and accounts
of the City a separate construction fund (the "Construction
Fund") which shall be used solely to defray the expenses
incurred in making the improvements ( the "Improvements" )
financed in whole or in part from the proceeds of the Bonds
and to pay the principal of and interest on the Bonds which
come due prior to completion and payment of all costs of the
Improvements so financed. There shall be credited to the
Construction Fund (a) the proceeds of the Bonds, except any -
portion thereof otherwise credited by this Resolution to the
Debt Service Fund hereinafter created; (b) any other moneys
appropriated by the City Council to the payment of costs of
any of the Improvements; and (c) collections of special
assessments levied for the Improvements, except that such
special assessments shall be used and are hereby pledged
solely for the payment of the principal of and interest on
the Bonds; and when the total costs of any of the Improve-
- 9 -
ments has been paid, all subsequent collections of special
assessments levied for that Improvement shall be credited to
and paid into the Debt Service Fund hereinafter created.
Within the Construction Fund, a separate account for each of
the Improvements shall be maintained to record the expendi-
tures for that Improvement . When the total cost of all of
the Improvements has been paid, the Construction Fund shall
be closed, all special assessments then remaining in the
Construction Fund shall be transferred to the Debt Service
Fund, and any other funds then remaining in the Construction
Fund shall be devoted to such purposes as are permitted or
required by law.
8. The Bonds shall be payable from the General Obliga-
tion Improvement Bonds, Series 1986A, Debt Service Fund ( the
"Debt Service Fund" ) hereby created, and the proceeds of the
general taxes hereinafter levied, together with special
assessments levied or to be levied for the Improvements
financed by the Bonds, are hereby irrevocably pledged to the
Debt Service Fund for payment of the Bonds, in accordance
with this Resolution. Any interest which accrues on the
Bonds from the date thereof to the date of their actual
delivery shall be credited directly to the Debt Service
Fund, and an additional $ from the proceeds of the
Bonds shall be credited to the Debt Service Fund, as capi-
talized interest on the Bonds, and shall be used to pay the
interest first coming due thereon. If any payment of prin-
cipal of or interest on the Bonds shall become due when the
funds in the Debt Service Fund and the special assessments
then held in the Construction Fund are insufficient to pay
the same, the City Finance Director shall pay such principal
or interest from the general fund or other available fund of
the City, and such fund or funds may be reimbursed for such
advances out of proceeds of assessments levied for the Im-
provements or from such ad valorem taxes, when collected.
9. It is hereby determined that for each of the Im-
provements the City will levy special assessments in the
principal amount of at least 20% of the cost thereof, and
the levy of such special assessments is hereby authorized.
To pay the City' s share of the cost of the Improvements,
there is hereby levied a direct, annual, irrepealable ad
valorem tax levy against all taxable properties in the City,
which tax levy shall be in the years and amounts as follows -
(year stated being year of levy for collection the following
year) :
YEAR LEVY YEAR LEVY
10 -
f a o�—
It is hereby determined that the estimated collection of
special assessments for the payment of the Bonds and the
foregoing ad valorem tax levy will produce at least 5% in
excess of the amount needed to meet, when due, the principal
and interest payments on the Bonds. The City Clerk is
directed to file a certified copy of this Resolution with
the Scott County Auditor and to obtain from the County Audi-
tor the certificate required by Minnesota Statutes, Section
475 .63 .
10 . It is hereby determined that the Improvements to be
financed by the Bonds will directly and indirectly benefit
the abutting or other property, and the City hereby cove-
nants with the holders from time to time of the Bonds as
follows:
(a) The City has duly ordered the making of the
Improvements as contemplated in Minnesota Statutes,
Section 429. 031, will cause the assessments for the
Improvements to be promptly levied so that the first
installment will be collectible not later than 1987, and
will take all steps necessary to assure prompt collec-
tion. The City Council shall with due diligence take or
cause to be taken all further actions which may be
necessary for the making, constructing, and financing of
the Improvements financed by the Bonds, for the final
and valid levy of special assessments against property
benefited by the Improvements, and for the appropriation
of any other funds needed to pay the Bonds and interest
thereon when due.
(b) The full faith and credit and taxing powers of
the City are hereby pledged to the payment of the prin-
cipal of and interest on the Bonds, and in the event of
any current or anticipated deficiency in any funds
pledged or appropriated for payment of the principal of
and interest on the Bonds, the City Council will levy ad
valorem taxes in the amount of said current or antici-
pated deficiency.
(c) The City will keep complete and accurate books
and records relating to the Improvements showing all
receipts and disbursements of grants, pledged funds,
taxes, assessments, other funds appropriated for payment
of the Bonds, and the balance of unpaid assessments.
(d) The City will cause its books and records to
be audited at least annually and will furnish copies of
such audit reports to any interested person upon re-
quest.
- 11 -
11 . The tax levy herein provided shall be irrepealable
until all of the Bonds are paid, provided that the City
Clerk may annually, prior to October 10th, certify to the
Scott County Auditor the amount available in the Debt Ser-
vice Fund to pay principal and Interest due on the Bonds
during the ensuing year , and the Scott County Auditor shall
thereupon reduce the levy collectible during such year by
the amount so certified. All collections received by the
City of any ad valorem taxes levied or required to be levied
by this Resolution shall be deposited in the Debt Service
Fund and shall, when and as received, be irrevocably pledged
to the payment of the principal of and interest on the
Bonds.
12. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser and to the
attorneys approving the Bonds, certified copies of proceed-
ings and records of the City relating to the Bonds and to
the financial condition and affairs of the City, and to
furnish such other certificates, affidavits, and transcripts
as may be required to show facts within their knowledge or
as shown by the books and records in their custody and under
their control relating to the validity nd marketability of
the Bonds, and such instruments, including any heretofore
furnished, shall be deemed representations of the City as to
the facts stated therein.
13. The Mayor, the City Administrator and the City
Finance Director are hereby authorized and directed to cer-
tify that they have examined the offical statement or pro-
spectus prepared and circulated in connection with the issu-
ance and sale of the Bonds and that to the best of their
knowledge and belief said official statement is a complete
and accurate representation of the facts and representations
made therein as they relate to the City.
14. The City covenants and agrees with the Registered
Owners from time to time of the Bonds that the City will not
take or permit to be taken by any of its officers, em-
ployees, or agents any action which would cause the interest
on the Bonds to become subject to taxation under the Inter-
nal Revenue Code of 1954, as amended, and regulations,
issued thereunder , as now existing or as hereafter amended
or proposed and in effect at the time of such action.
15. When any Bond has been discharged as provided in
this paragraph, all pledges, covenants, and other rights
granted by this Resolution to the Registered Owner (s) of
such Bond shall cease, and such Bond shall no longer be
deemed to be outstanding under this Resolution. The City
may discharge its obligations with respect to any Bond which
12 -
6 �
are due on any date by depositing with the Bond Registrar on
or before that date a sum sufficient for the payment thereof
in full; or , if any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full
with interest accrued to the date of such deposit. The City
may also discharge its obligations with respect to any pre-
payable Bonds by depositing with the Bond Registrar on or
before the duly declared date of redemption an amount equal
to the principal and interest then due, provided that notice
of such redemption has been duly given according to law.
The City may also at any time discharge its obligations with
respect to any Bonds, subject to the provisions of law now
or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by
law as an escrow agent for this purpose, cash or securities
which are authorized by law to be so deposited, bearing
interest payable at such times and at such rates and
maturing on such dates as shall be required to pay all prin-
cipal and interest on such Bonds as the same become due.
The motion for the adoption of the foregoing resolution
was duly seconded by Councilmember , and upon
vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and
adopted.
13 -
Clerk ' s Certificate
I , the undersigned, being the duly qualified and acting
City Clerk of the City of Shakopee, Minnesota, do hereby
certify that I have carefully compared the attached and
foregoing extract of minutes of a regular or special meeting
of the Shakopee City Council held on December 17 , 1985, with
the original thereof on file in my office and I further
certify that the same is a full, true, and complete tran-
script therefrom insofar as the same relates to the issuance
and sale of the City' s $255 , 000 General Obligation Improve-
ment Bonds, Series 1986A.
WITNESS My hand as such City Clerk and the corporate
seal of the City this day of , 1985.
City Clerk
city of Shakopee, Minnesota
(SEAL)
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
i%
RE: Final Approval of $3 , 500 , 000 Industrial
Development Revenue Bonds - Toro Company
DATE: December 13 , 1985
Introduction and Backaround
The attacned resolution gives final approval of the issuance
of $3 , 500 , 000 IDB ' s for the Toro Company expansion.
The attached resolution as well as the Loan Agreement between
Toro and the City, the Disbursing Agreement among the City,
Toro and the First National Bank of Minnesota , a Pledge Agreement
from the City to the Bank, the Closing Memorandum and various
closing certificates and opinions have been forwarded to Mr.
Krass who should be able .to examine them and render an opinion/
approval prior to the December 17th Council meeting. If in
order , Council may consider adopting the final resolution.
(Copies of these documents are on file with the City Clerk
for anyone wishing to review them. )
Action Recommended
Offer Resolution No. 2493 , which gives approval to ID Bonds
for the Toro Company, in the amount of $3 , 500 ,000 .
JSC/kms
Shakopee, Minnesota
December 17 , 1985
EXCERPT OF MINUTES
The City Council of the City of Shakopee, Minnesota, met
in regular public session on December 17 , 1985, at its regular
meeting place in the City of Shakopee, Minnesota, at ,
p.m.
The meeting was called to order by the Mayor of the
City. On roll call , the following members of the City Council
were present :
The following were absent :
During the meeting,
introduced and moved for adoption of the following Resolution,
which motion was duly seconded by
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AUTHORIZING
AND PROVIDING FOR THE ISSUANCE OF ITS INDUSTRIAL DEVELOPMENT
REVENUE BOND, SERIES 1985 (THE TORO COMPANY PROJECT) IN THE
AGGREGATE PRINCIPAL AMOUNT OF $3 , 500, 000 , FOR THE PURPOSE OF
MAKING A LOAN TO THE TORO COMPANY TO PAY A PORTION OF THE
COST OF CONSTRUCTING AND EQUIPPING AN INDUSTRIAL PROJECT TO
BE LOCATED IN THE CITY; AUTHORIZING THE CITY TO ENTER INTO A
LOAN AGREEMENT WITH THE TORO COMPANY; AUTHORIZING THE CITY TO
PLEDGE AND ASSIGN THE LOAN AGREEMENT (EXCEPT FOR CERTAIN
RIGHTS TO INDEMNIFICATION AND REIMBURSEMENT FOR EXPENSES) TO
THE FIRST NATIONAL BANK OF MINNEAPOLIS, PURSUANT TO A PLEDGE
AGREEMENT; AUTHORIZING THE CITY TO ENTER INTO A DISBURSING
AGREEMENT WITH THE TORO COMPANY AND THE FIRST NATIONAL BANK
OF MINNEAPOLIS RELATING TO THE USE OF THE PROCEEDS OF THE
BOND; MAKING AN ELECTION UNDER SECTION 103 (b) ( 6 ) (D) OF THE
INTERNAL REVENUE CODE OF 1954, AS AMENDED; AND AUTHORIZING
OTHER MATTERS RELATING TO THE ISSUANCE OF THE BOND.
WHEREAS, the City of Shakopee, Minnesota ( the "City" ) ,
is a municipal corporation duly created and validly existing
under the constitution and laws of the State of Minnesota; and
WHEREAS, the City is authorized by the Minnesota
Municipal Industrial Development Act , Minnesota Statutes, Chapter
474 , as amended ( the "Act" ) , to issue its revenue bonds for the
purpose of financing certain "projects" , as defined in the Act ,
and thereby promote the welfare of the inhabitants of the City
and the State of Minnesota by attracting and encouraging the
development of economically sound industry and commerce and
preventing the emergence of blighted and marginal lands in areas
of chronic unemployment; and
WHEREAS, the City Council of the City has heretofore and
does now find and determine that it is desirable and in the best
interests of the City that the City issue its Industrial
Development Revenue Bond, Series 1985 (The Toro Company Project ) ,
in the principal amount of Three Million Five Hundred Thousand
Dollars ( $3 , 500 , 000 ) ( the "Bond" ) , for the purpose of making a
loan ( the "Loan" ) to The Toro Company, a Delaware corporation
( the "Company" ) , to to finance a portion of the cost of
constructing and equipping by the Company of an approximately
83 , 000 square foot addition to the Company ' s existing facility,
including certain remodeling of the existing facility, for use as
a metal fabricating plant ( the "Project" ) , which Project will be
located in the Valley Industrial Park , at 600 South Industrial
Boulevard, in the City; and the Project has been approved by the
Minnesota Department of Energy and Economic Development , as
required by Section 474 . 01 , Subd. 7a, of the Act , as tending to
further the purposes and policies of the Act ; and
WHEREAS, pursuant to the Act , the City has applied to
the Minnesota Department of Energy and Economic Development for
bond issuing authority and has received from said Department a
notice of approval of $3 , 500 , 000 of bond allocation for the
Project and the Bond; and
WHEREAS, in connection with the issuance of the Bond and
the making of the Loan to the Company, the City Council of the
City further finds and determines that it is necessary and
desirable that the City be authorized to enter into a Loan
Agreement , to be dated as of the date of the delivery of the Bond
( the "Loan Agreement" ) , with the Company under which the City
will make the Loan to the Company and the Company will agree to
make loan repayments in amounts sufficient to pay the principal
of, premium, if any, and interest on the Bond; and
WHEREAS, the City Council for the City further finds and
determines that it is necessary and desirable that the City be
authorized to enter into a Disbursing Agreement to be dated as of
the date of delivery of the Bond ( the "Disbursing Agreement" ) ,
with the Company and the First National Bank of Minneapolis ( the
"Lender" ) , under which the proceeds of the Bond will be held by
the Lender and made available to the Company for payment of costs
of the construction and equipping of the Project; and
WHEREAS, the City proposes to issue and sell the Bond to
the Lender , and to assign and pledge all of its right , title and
interest in and to the Loan Agreement (except for its rights and
interests under Sections 2 . 2 , 2 . 4 , 3 . 3 , 4 . 4 , and 5 . 5 thereof )
pursuant to a Pledge Agreement to be dated as of the date of
delivery of the Bond between the City and the Lender ( the "Pledge
Agreement" ) ; and
WHEREAS, the following documents have been prepared and
presented to the City and are now before the City Council of the
City:
1 . The Loan Agreement ;
2 . The Disbursing Agreement ;
3 . The Pledge Agreement ; and
4 . The form of the Bond of the Issuer ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Shakopee, Minnesota, as follows :
Section 1 . Findings . The City Council of the City
hereby finds and determines that the Project , and the financing
thereof through the issuance of the Bond, promote the public
purposes set forth in the Act , in that the Project will tend to
add to the tax base of the City and the surrounding area, and
will promote the development of economically sound industry in
- 3 -
1 V
the City. The City Council of the City hereby confirms its
findings with respect to the Project contained in Resolution No.
2467 , adopted by the City Council of the City on November 6 ,
1985 .
Section 2 . Authorization of the Bond. In order to
provide financing for a portion of the cost of constructing and
equipping the Project , the City Council of the City hereby
authorizes the issuance and sale of the Bond in the aggregate
principal amount of $3 , 500 ,000 to the Lender at a price of 100%
of the principal amount thereof . The Bond shall be dated its
date of delivery, shall be in the form of a single typewritten
registered bond, registrable both as to principal and interest ,
in substantially the form set forth as Exhibit A hereto and
hereby incorporated herein, and shall be payable in lawful money
of the United States of America as set forth in the form of the
Bond attached hereto. The Bond shall be subject to optional and
mandatory redemption at the times , in the manner and under the
conditions set forth in the form of the Bond attached hereto.
Principal of the Bond shall be payable in 10 annual installments ,
commencing on August 15 , 1986 , and on each August 15 thereafter ,
to and including August 15, 1995, the final maturity of the Bond;
and the Bond shall bear interest , payable on each February 15 and
August 15 commencing on February 15 , 1986 , until final maturity,
on the principal amount thereof remaining unpaid from time to
time at the rate or rates set forth in the form of the Bond
attached hereto.
Section 3 . Execution and Authentication of Bonds . The
Mayor , City Clerk, and City Administrator of the City are hereby
authorized and directed to execute the Bond, and the City Clerk
is hereby authorized and directed to affix the corporate seal of
the City thereon, and upon payment of the purchase price of the
Bond, to deliver the Bond to the Lender .
Section 4 . Execution and Delivery of Bond Documents .
The City Council of the City hereby authorizes and directs the
Mayor , City Clerk and City Administrator of the City to execute
and deliver and the City Clerk of the City is hereby authorized
to affix the corporate seal of the City to each of the following
documents :
A. The Loan Agreement ;
B. The Disbursing Agreement; and
C. The Pledge Agreement ;
Such documents being hereinafter referred to collectively as the
"Bond Documents" ) .
All provisions of the Bond Documents when executed as
authorized herein, shall be deemed to be a part of this
Resolution as fully and to the same extend as if incorporated
- 4 -
herein and shall be in full force and effect from the date of
execution and delivery thereof . The form of each of the Bond
Documents , as presented to and now before the City Council of the
City, shall be placed on file with the City Clerk of the City,
and such forms are hereby approved, with, however , such changes
as may be necessary and as are not materially inconsistent with
the forms now before this meeting, and as shall be approved by
the Mayor of the City and by the City Attorney; the execution of
any of the Bond Documents by the Mayor of the City shall
constitute conclusive evidence that the form of such document , as
executed and delivered, is consistent with the provisions of this
paragraph.
Section 5 . Limited Liability. The Bond and the
interest and premium, if any, thereon, and any other amounts
payable with respect thereto, shall not be a general obligation
of the City or the State of Minnesota, but shall be a limited
obligation of the City payable solely from the revenues derived
from the Project , and from any amounts payable by or for the
Company under the Loan Agreement . The assignment and pledge of
the rights of the Issuer in and to the Loan Agreement and the
Disbursing Agreement to the Lender , as contemplated by the Pledge
Agreement, is hereby authorized and approved.
Section 6 . Registration and Transfer of Bond. The Bond
shall be fully registered in the name of the Lender and shall be
transferable only upon registration of the Bond by the City Clerk
in the name of the transferee and satisfaction of the require-
ments for transfer as set forth in paragraph 6 of the Bond form
attached hereto as Exhibit A. The City Clerk of the City shall
maintain or cause to be maintained a bond register for the
registration of the Bond, by executing the "Provisions for
Registration" attached to the form of the Bond, and an executed
copy of such provisions for registration shall be kept by the
City Clerk in the official records of the City and an executed
copy shall also be attached to the Bond.
Section 7 . Mutilated, Lost and Destroyed Bond. In case
the Bond shall become mutilated or be destroyed or lost , the City
shall cause to be executed and delivered a new Bond of like
outstanding principal amount and tenor in exchange and
substitution for and upon cancellation of the mutilated Bond
destroyed or lost, upon the Holder ' s paying the reasonable
expenses and charges of the City in connection therewith, and in
case the Bond is destroyed or lost , its filing with the City
evidence satisfactory to it of such destruction or loss .
Section 8 . Resolution Constitutes Contractual Obli-
gation .
bli-
ag tion . All covenants , stipulations , obligations and agreements
of the City contained in this Resolution or contained in the Bond
Documents shall be deemed to be the covenants , stipulations ,
obligations and agreements of the City to the full extent
authorized or permitted by law, and all such covenants ,
stipulations , obligations and agreements shall be binding upon
- 5 -
rp �Y
the City. Except as otherwise provided in this Resolution, all
rights, powers and privileges conferred and duties and
liabilities imposed upon the City or any of the members of the
City Council or officers thereof by the provisions of this
Resolution or of the Bond Documents shall be exercised or
performed by the City or by such member of the City Council ,
officer , agent or employee of the City as may be required or
authorized by law to exercise such powers and to perform such
duties. No covenant , stipulation, obligation or agreement
contained herein or in the Bond Documents shall be deemed to be a
covenant, stipulation, obligation or agreement of any member of
the City Council, officer, agent or employee of the City in that
person' s individual capacity, and neither the members of the City
Council of the City nor any officer or employee executing the
Bond shall be liable personally on the Bond or be subject to any
personal liability or accountability by reason of the issuance
thereof.
Section 9. Beneficiaries of Resolution. Except as
herein otherwise expressly provided, nothing in this Resolution
or in the Bond Documents, expressed or implied, is intended or
shall be construed to confer upon any person or firm or
corporation other than the City, the Company, and the Lender, any
right, remedy or claim, legal or equitable, under and by reason
of this Resolution or any provision thereof, this Resolution, the
Bond Documents and all of their provisions being intended to be
and being for the sole and exclusive benefit of the City, the
Company, the Lender and any subsequent owner of the Bond.
Section 10 Performance of Conditions to Issuance of
Bond. All acts, conditions and things required by the laws of
the State of Minnesota, relating to the adoption of this
Resolution, to the issuance of the Bond and to the execution of
the Bond Documents, to happen, exist and be performed precedent
to and in the enactment of this Resolution, and precedent to the
issuance of the Bond and the execution and delivery of the Bond
Documents have happened, exist and have been performed as so
required by law.
Section 11 . Election under Section 103 (b) ( 6 ) (D) of the
Internal Revenue Code. The City hereby elects to have the
provisions of Section 103 (b) ( 6) (D) of the Internal Revenue Code
of 1954, as amended, apply to the Bond, and the Mayor of the City
is hereby authorized and directed to file or cause to be filed
evidence of such election with any appropriate officer of the
United States, including the Secretary of the Treasury or his
delegate, and to take any other action as may be necessary to
make effective the election made herein.
Section 12 . Acting Mayor , City Clerk or City
Administrator . In the absence of the Mayor , City Clerk or City
Administrator , the documents authorized by this Resolution to be
executed by such officers may be executed by the Acting Mayor ,
City Clerk or City Administrator , or by any other officer of the
6 -
City performing the functions of such absent officer , with the
same force and effect as if executed by such absent officer .
Section 13 . Further Authority. The Mayor , City Clerk
and City Administrator of the City are each hereby authorized and
directed to execute any other document or certificate, and to
take any other action, that may be permitted or required of the
City under the Bond Documents or in connection with the issuance,
sale and delivery of the Bond ( including, without limitation, to
prepare and furnish to the Lender and Bond Counsel certified
copies of all proceedings of the City relating to the
authorization of the Project and issuance of the Bond) .
Section 14 . Separable Provisions . The provisions of
this Resolution are hereby declared to be separable, and if any
section, phrase or provision hereof is for any reason declared to
be invalid, such declaration shall not affect the validity of any
other section, phrase or provision hereof.
Section 15. Effective Date. This Resolution shall be
in full force and effect immediately upon its passage and
approval.
The foregoing Resolution was passed and approved by the
City Council of the City of Shakopee, Minnesota, on this 17th day
of December , 1985, by the following vote:
Ayes:
Nays :
Mayor
(SEAL)
ATTEST:
City Clerk
Approved as to form this
day of 1985 .
City Attorney
DPSrsl09
7 -
o
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF SHAKOPEE
Industrial Development Revenue Bond, Series 1985
(The Toro Company Project)
No. R-1 $3, 500,000
The CITY OF SHAKOPEE, MINNESOTA, a municipal corporation and
political subdivision organized under the constitution and laws
of the State of Minnesota ( the "Issuer" ) , for value received,
hereby promises to pay to FIRST NATIONAL BANK OF MINNEAPOLIS ( the
"Lender" ) or its registered assigns ( the Lender and any
subsequent registered owner of this Bond being also hereinafter
referred to as the "Holder" ) , at its principal office in
Minneapolis, Minnesota, or at such other place as the Holder may
designate in writing, from the source and in the manner
hereinafter provided, the principal sum of THREE MILLION FIVE
HUNDRED THOUSAND DOLLARS ( $3 , 500 , 000 ) , with interest on the
unpaid principal amount at the rates set forth in paragraph 1 (a)
hereof ( the "Tax Exempt Rate" ) or at the higher rate specified in
paragraph 1 (b) hereof ( the "Taxable Rate" ) upon a Determination
of Taxability, as hereinafter defined, in any coin or currency
which at the time or times of payment is legal tender for the
payment of public or private debts in the United States of
America, in accordance with the terms hereinafter set forth.
1 . This Bond shall bear interest and be payable as follows :
(a) ( i ) Interest shall accrue on the unpaid balance of
this Bond from and after the date of this Bond to the Final
Maturity Date (as hereinafter defined) at a variable rate per
annum ( the "Tax-Exempt Rate" ) equal to seventy-five percent
(75% ) of the Reference Rate (as hereinafter defined) of the
Lender , which Tax-Exempt Rate shall change effective as of
the effective date of each change in the Reference Rate.
( ii ) Interest only shall be payable on February 15 , 1986
and on the fifteenth day of each February thereafter to and
including February 15 , 1995 .
( iii ) Commencing August 15 , 1986 , and continuing on the
fifteenth day of each August thereafter to and including August
15, 1995 ( the "Final Maturity Date" ) , this Bond shall be payable
in ten equal annual installments of principal each in the amount
of $350 , 000 , plus accrued and unpaid interest at the Tax-Exempt
Rate or Taxable Rate then in effect .
( iv) The entire unpaid principal balance of this Bond,
together with all accrued but unpaid interest thereon, and all
other indebtedness due hereunder , shall be due and payable on the
Final Maturity Date.
(b) In the event that the interest on this Bond shall become
subject to federal income taxation pursuant to a Determination of
Taxability (as hereinafter defined) , the interest rate specified
in paragraph 1 (a) ( i ) hereof shall be increased, retroactively
effective from and after the Date of Taxability (as hereinafter
defined) until this Bond is paid in full , to a valuable rate per
annum ( the "Taxable Rate" ) equal to the Reference Rate. The
Issuer shall immediately upon demand pay to the Holder and to
each prior Holder affected by such Determination of Taxability an
amount equal to the amount by which the interest accrued
retroactively at the Taxable Rate from the Date of Taxability to
the date of payment exceeds the amount of interest actually
accrued and paid to the Holder and any such prior Holder during
said period. Such obligation of the Issuer shall survive the
payment in full of the principal amount of this Bond.
(c) All interest payable hereon shall be computed on the
basis of the actual number of days elapsed and a year of three
hundred sixty ( 360 ) days .
2 . In addition to the terms defined elsewhere in this Bond,
the following terms have the following meanings :
"Borrower" means The Toro Company, a Delaware corporation.
"Code" means the Internal Revenue Code of 1954, as amended.
"Date of Taxability" means that time, as specified in or
required by the notice of deficiency, ruling, proceedings, action
or statutory change referred to in the definition of
Determination of Taxability herein, as of which the interest
payable on this Bond becomes includable in the gross income of
the Holder or any prior Holder of the Bond.
"Determination of Taxability" means :
( i ) a determination by the National Office or any
District Office of the Internal Revenue Service, or
( ii ) a private ruling or Technical Advice Memorandum
issued by the National Office of the Internal Revenue Service
in which the Borrower has participated or has been afforded
the opportunity to participate ( to the extent permitted by
applicable laws, regulations and rules of procedure) , or
( iii ) a determination by a court of competent
jurisdiction, or
( iv) any change in the Code or other statute or
regulation, or
(v ) a determination by the Holder communicated in
writing to the Borrower and the Issuer and confirmed by an
opinion of nationally recognized bond counsel selected by the
Holder and not unacceptable to the Issuer ,
which holds, provides or states in effect that the interest on
the Bond is includable in the gross income of the Holder or any
prior Holder for federal income tax purposes for any period and
for any reason other than that the Holder or such prior Holder is
a "substantial user" of the Project or a "related person" to such
a "substantial user" within the meaning of Section 103(b) ( 13 ) of
the Code; provided, however , that no such Determination of
Taxability under ( i ) or ( iii ) above shall be deemed to have
occurred unless :
(A) the Borrower has been afforded the opportunity ( to
the extent permitted by applicable laws, regulations and
rules of procedure) to contest or appeal such determination,
and
(B) either ( 1 ) the applicable contest or appeal period,
if any, shall have elapsed without a contest or appeal of
such determination having been properly instituted, or ( 2 ) if
such contest or appeal has been properly instituted, there
shall have been a final disposition or abandonment of such
contest or appeal (as determined by the Holder ) , .
and provided, further , that the Borrower ' s right to contest or
appeal any determination under ( i ) or ( iii ) above shall be
subject to the conditions that :
(a) the Holder is provided with an opinion of nationally
recognized bond counsel acceptable to the Holder and not
unacceptable to the Issuer stating that there is a
meritorious basis for such contest or appeal and a reasonable
chance for its success, and
(b) the Borrower institutes such contest or appeal
promptly and in good faith and proceeds with due deligence to
a final disposition thereof at the earliest possible date,
and
(c) the additional interest at the Taxable Rate from the
Date of Taxability to the first day of the next succeeding
month (and each successive month during such contest or
appeal ) is immediately deposited with the Holder to be held
by the Holder in a separate noninterest-bearing escrow
account until the final disposition or abandonment of such
contest or appeal (as determined by the Holder ) , at which
time the amount on deposit in such escrow account shall
either be paid to the Borrower , if such contest or appeal is
successful or , if not successful , shall be retained by the
Holder and applied in accordance with paragraph 1 (b) hereof .
"Disbursing Agreement" means the Disbursing Agreement , dated
as of the date hereof , between the Borrower , the Lender and the
Issuer , and any amendment or supplement thereto.
"Loan Agreement" means the Loan Agreement , dated as of the
date hereof , between the Issuer and the Borrower .
"Reference Rate" means the rate from time to time publicly
announced by First National Bank of Minneapolis as its reference
rate; First National Bank of Minneapolis may lend to its
customers at rates that are at , or above or below the Reference
Rate.
3 . This Bond is subject to prepayment as follows :
(a) Prepayment in whole or in part in increments of $100 , 000
at the option of the Borrower , on the first day of any month upon
at least thirty ( 30 ) days written notice to the Holder (or such
shorter period of notice as may be acceptable to the Holder ) .
(b) Prepayment in whole, at the option of the Holder , on any
date following a Determination of Taxability upon at least thirty
( 30 ) days written notice to the Borrower (or such shorter period
of notice as may be acceptable to the Borrower )
(c) Prepayment in whole, at the option of the Holder , on any
date upon the occurrence of certain "Events of Default" as
defined in the Loan Agreement , or upon the occurrence of certain
"Events of Default" under the "Collateral Documents, " as defined
in the Loan Agreement .
(d) Mandatory prepayment pursuant to the Disbursing
Agreement in the event that there shall be any amount in the
Construction Account under the Disbursing Agreement on
December 15 , 1988, after payment of all Project Costs (as defined
in the Disbursing Agreement ) .
To effect any such prepayment , the Issuer shall pay or cause
to be paid to the Holder an amount equal to ( i ) the principal
amount being so prepaid, plus ( ii ) accrued interest on this Bond
to the date of such prepayment . Any partial prepayments shall be
applied in inverse order of principal installments payable under
paragraph 1 (a ) hereof .
5 . This Bond constitutes an issue in the maximum authorized
face amount of $3 , 500 , 000 . This Bond is issued by the Issuer
pursuant to the authority granted by Minnesota Statutes , Chapter
474 ( the "Act" ) , for the purpose of providing funds for financing
a "project" within the meaning of the Act , consisting of the
acquisition, construction, and equipping of an addition to a
manufacturing facility ( the "Project" ) and paying necessary
expenses incidental thereto, such funds to be loaned by the
Issuer to the Borrower pursuant to the Loan Agreement and the
Disbursing Agreement , thereby assisting activities in the public
interest and for the public welfare of the Issuer . This Bond is
secured by a Pledge Agreement between the Issuer and the Lender ,
of even date herewith, under which the Issuer has assigned its
rights and interest in the Loan Agreement (except its rights and
f•
i
interests under Sections 2. 2 , 2 . 4, 3 . 3 , 4 . 4 and 5 . 5 thereof ) and
the Disbursing Agreement to the Lender .
6 . This Bond shall be registered and shall be transferable
upon the books of the Issuer at the office of the City Clerk by
the Holder hereof in person or by its attorney duly authorized in
writing, upon surrender hereof together with a written instrument
of transfer satisfactory to the City Clerk , duly executed by the
Holder or its duly authorized attorney. Upon such transfer the
City Clerk will note the date of registration and the name and
address of the new Holder upon the books of the Issuer and in the
registration blank appearing below. Alternatively, the Issuer
will at the request and expense of the Holder issue a new bond or
bonds in an aggregate principal amount equal to the unpaid
principal balance of this Bond, and of like tenor except as to
number , principal amount and the number and amount of the
installments payable thereunder , and registered in the name of
the Holder or such transferee as may be designated by the
Holder . The Issuer may deem and treat the person in whose name
this Bond is last registered upon the books of the Issuer with
such registration also noted on the Bond, as the absolute owner
hereof , whether or not overdue, for the purpose of receiving
payment of or on account of the principal balance, prepayment
price or interest and for all other purposes, and all such
payments so made to the Holder or upon its order shall be valid
and effectual to satisfy and discharge the liability upon this
Bond to the extent of the sum or sums so paid, and the Issuer
shall not be affected by any notice to the contrary.
7 . Time is of the essence under this Bond. If default
occurs under this Bond, or an Event of Default occurs under the
Loan Agreement , the Disbursing Agreement or under any other
"Collateral Document , " as defined in the Loan Agreement , or if
any other event occurs which entitles the Holder to accelerate
payment under the Loan Agreement , the Disbursing Agreement or any
other Collateral Document , then the Holder may at its right and
option (subject , however , to such notice as may be required under
the Loan Agreement , the Disbursing Agreement or such other
Collateral Document ) declare immediately due and payable the
principal balance of this Bond and interest accrued thereon to
the date of declaration of such default , and together with any
attorneys fees incurred by the Holder in collecting or enforcing
payment thereof , whether suit be brought or not , and all other
sums due hereunder , in which event this Bond shall be prepaid in
accordance with paragraph 3 (c) hereof .
8 . This Bond shall not be payable from nor charged upon any
funds of the Issuer other than the revenue under the Loan
Agreement pledged to the payment thereof , nor shall the Issuer be
subject to any liability thereon. No Holder or Holders of this
Bond shall ever have the right to compel any exercise of the
taxing power of the Issuer to pay this Bond, the interest herein
or any premium, penalty , or expenses in connection herewith, nor
to enforce payment thereof against any property of the Issuer .
� 6
This Bond shall not constitute a charge, lien, or encumbrance,
legal or equitable, upon any property of the Issuer . This Bond,
including interest and premium, if any, herein, is payable solely
from the revenue under the Loan Agreement pledged to the payment
hereof . This Bond shall not constitute a debt of the Issuer
within the meaning of any constitutional or statutory limitation.
9 . The Holder shall not be deemed, by any act of omission
or commission, to have waived any of its rights or remedies
hereunder unless such waiver is in writing and signed by the
Holder and then only to the extent specifically set forth in the
writing. A waiver with reference to one event shall not be
construed as continuing or as a bar to or waiver of any right or
remedy as to a subsequent event .
10 . It is intended that this Bond is made with reference to
and shall be construed as a Minnesota contract and governed by
the laws thereof .
IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts
and things required to exist , happen, and be performed precedent
to or in the issuance of this Bond do exist, have happened and
have been performed in regular and due form as required by law.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be
duly executed by its duly authorized officers and its corporate
seal affixed all as of the day of December , 1985 .
CITY OF SHAKOPEE, MINNESOTA
By
Its Mayor
( SEAL)
By
Its City Administrator
Attest :
Its City Clerk
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid principal balance of this Bond
and the interest accruing thereon is registered on the books of
the City of Shakopee, Minnesota in the name of the registered
owner last noted below
Date of Name and Address of Signature of
Registration Registered Owner City Clerk
December , 1985 First National Bank of
Minneapolis
First Bank Place
Minneapolis , MN 55480
MEMO TO: John K. Anderson, City Administrator
FROM: Judi Simac, City Planner
RE: Selection of Planning Consultant for Racetrack Area
Study
DATE: December 17 , 1985
Introduction:
At their December 16 , 1985 meeting the Racetrack District
Land Use Consultant Selection Committee approved, by motion,
a recommendation to City Council to hire the firm of Hoisington
Group, Inc. to perform the Racetrack District Land Use Study.
Background:
Staff distributed the request for proposal to thirteen
planning consultant firms. Six responses were received by the
November 27th deadline.
Following the direction of City Council, staff screened
all six proposals and also provided a copy of each to Jon Westlake,
Scott County Planning Director. The attached matrix is the
result of two discussions we had to compare reference information
and our personal comments.
Points were assigned to six of the nine categories, as
follows: 1-poor, 2-good, 3-excellent. Our review indicated
that the firms of Hoisington Group, Inc. , Planning & Development
Services , Inc. and Northwest Associated Consultants , Inc. should
be considered in an interview held by the selection Committee.
Excepting one proposal, the fees ranged between $27 ,000
to $37 ,500. One of the major considerations has been the firm' s
back-up professionals with market, traffic engineering and landscape
architecture expertise. All of the respondents commented that
the short time frame for the work to be completed impacted their
proposed fee schedule.
Hoisington Group Inc. proposes a team approach to the study
using ' the resources of Fred Hoisington, president of the firm
and project manager; Jim McComb of James B. McCombs and Associates,
a market feasibility and economic consulting firm; and George
Watson of Brauer and Associates, Ltd. , a landscape design firm.
The RFP required the submittal of two costs; Phase I -
total maximum fee which would address the study and Phase II
- estimate based on an hourly rate to perform implementation
of the plan.
Attached is the Hoisington Group Inc. fee proposal.
Action Requested:
Offer a motion to authorize the hiring of Hoisington Group
Inc. to perform the Racetrack District Land Use Study for a
cost not to exceed $37 , 325 for Phase IA, IB and IC and for a
cost not to exceed $5 ,000 for Phase II , and move for its adoption.
Attachment
tw
i
i
i
I
Hoisington Group Inc.
Land Use Consultants
SECTION VI
FEE PROPOSAL - PHASE I
IiOISIAIGTONd GROUP INC .
Personnel Estimated Time Commitment (Hrs ) Total Fee
PHASE
I A I B _ I C
Iloisington 00 35 25
Support Staff 30 20 15
Expenses $350 - $75
McComb 20 5 10
Support Staff 75 _ 0 35
EXDenseS -
Watson 30 40 20 _
Support Staff 65; 95 50
Expenses $25 $150 $500
Traffic Engineer 40 20 0
TOTAL MAXIMUM FEE $18 , 200 $10 , 125 $9 , 000 $37 , 325
Optional
HoisinSton Group , Inc . proposes to provide . the services outlined in
the Work Plan as Phase I for a ' lump` sum fee'.of _$37; 325 :
Hoisington Group Inc . recommends that the ' initial' a reement be for
77
Phases' IA and, I B with- a .lump 'sum fee of $28, 325 and an option to
add Phase I C at the City ' s discretion . -
FEE ESTIMATE - PHASE II;
The following _is a. fee estimate based on current- hourly. rates for
services identified above as Phase II , Implementation : -
Project Management , Meetings, etc . $70/hr
Ordinance Preparation/Research $50/hr
Graphics Support $30/hr
Secretarial :.:.$20/,hr_.
- Estimated Fee Range For Phase II $3 ,500 to $5 , 000
7300 Metro Blvd. _.
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MEMO TO: John K. Anderson Cit,
at0�
FROM: JllCi Simac , City Panner -
^E:m Selection o, Planning Consultant for Racetrack Area St
u,-;,,7
,'
December i3 , '983
_. t..rcducticn:
The City Council has directed the Racetrack District Land
Use Consultant Selection Committee to interview planning consultant
_-firms which responded to the RFP and provide a recommendation to
the City Council on the hiring of a consuitant to perform the
Racetrack District Land Use Study.
Background:
The Committee will be conducting the interviews on Monday
evening, December 16th. Three consultant firms have.-been selected
to make a presentation and to answer the questions 'of the Committee.
Staff has .requested the Committee to take action on a recom-
mendation to Council on Monday evening. Therefore, if a recommendation
is provided, a memo will be on the table for the Council on December
17th.
Action Recruested:
Provided a recommendation is available for Council consideration,
offer a motion to authorize the hiring of a planning consultant.
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director i C�
RE: Dental Insurance Bids
DATE: December 9, 1985
Introduction and Background
The various employee groups have been talking about dental insurance for several
years. The Police Union has clause for dental insurance in their contract
for 1985. Although we have not received a formal request from the union for
the coverage, they have indicated that they want the coverage. The 1985 contract
has the dental coverage subject to the maximum City contribution for insurance.
The City Attorney is not completely sure whether we are required to bid the
dental portion of the employee group insurance but feels it is better to play
it safe and bid the coverage. Accordingly, staff proposes to advertise and
issue very general specifications for dental insurance and see what bids we
get. Bankers Life and the League have the coverage to offer, so we should
have at least two bids to look at.
Action Requested
Move to direct staff to solicit bids to the provision of employee dental insurance.
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Workmens Compensation Insurance
DATE: December 12, 1985 lJ
Introduction and Background
The City addressed bidding the work comp insurance last June and the League
of Cities program we currently have was the low quote, therefore we let the
current policy run. It is a one year policy with January 1 renewal. The
renewal deposit premium for calendar 1986 is $57,692 for the City, SPUC and
Community Services. Last years deposit premium (1985) was $43,667. The increase
is due to more employees, higher wages and a reduction from 10% to 5% in the
up front discount from the League. We will bill SPUC and Community Services
for their share. Request authorization to execute the application for coverage
for the League work comp program for 1986.
Action Requested
Move to authorize City officials to execute the application for coverage for
the League of Minnesota Cities Insurance Trust — Workmens Compensatin insurance
for 1986 and to deposit $57,692 for the premium for 1986.
John K. Anderson, City Administrator
FROM: Gregg Voaland, Finance Director r �
RE: Yileage Reimbursement
DATE: December 9, 1985
Introduction and Background
The City currently reimbursing employees for the use of their personal cars
for City business at the rate of $.28 per mile. The IRS has issued new regulations
on the use of vehicles and the enforcement of vehicle related regulations.
Therefore, staff recommends that the City set the reimbursement rate for business
use of personal cars at $.21 per mile effective January 1 , 1986 . The rate
of $.21 is the cut off set by IRS. Several things are accomplished by lowering
the rate $.07. 1.) The City does not have to compute and pay FICA on the
$.07 . 2.) The City saves the staff work involved in sorting through the vouchers
for employee travel and susbistence reimbursement. 3 .) The employee saves
the trouble of having to file the extra forms with their return for documenting
business use of their car and avoids any question of the necessity of keeping
a log of business miles for their personal car.
Alternatives
1. Keep mileage rate at $.28
2. Set mileage rate at $.21
Recommendation
Alternative 1.
Action Requested
Move to set the mileage reimbursement rate for the use of personal vehicles
for City business at $.21 per mile effective January 1, 1986.
G = TR' OF �HAY�OF' FF
- - ----....._.._..�. _..._...._..__
INCORPORATED 1870
* ENGINEEEING DEPARTMENT
129 E. 1st Avenue - Shakopee, 24innesota 55374-1376 (612) 445-3650
MEMO TO: John K. Anderson, City Administrator
FROM: Fulton Schleisman, Engineering Inspector
SUBJECT: Minnesota Valley Trail Clean-up
DATE: December 12, 1985
INTRODUCTION:
Council action is necessary to direct staff to prepare cost
estimates for a clean-up effort adjacent to the recently con-
structed State Trail.
BACKGROUND:
As you requested, I have outlined a proposed plan to undertake
the clean-up effort :
I. Define Project Limits and Prepare Work Quantities
When weather permits, survey Trail area to obtain
estimates of the volume of debri to be removed.
Work limits would be confined to areas visible from
the Trail or City streets.
II. Secure Quotes from Contractors to prepare Cost Estimates.
Selected contractovs would be solicited for quotes
to perform the work.. Hourly rates would be submitted
for equipment and trucks as necessary.
Landfill dumping rates would be secured.
Quotes for clean fill material would be secured.
III. Contact Property Owners for Cost Sharing.
All property owners adjacent to the trail would be
asked to cooperate in sharing the project cost.
Letters would be seat noting City Code provisions
which hold the property owner responsible for accumu-
lations of trash and debris.
�N :Ja:_ ley Trail Ciearf-up
)eceriiber 13, 1985
age
V. Seek Council Approval tcl Commence Work
A subsequent report to Council would define the pro-
ject limits and specify costs based on:
The Volume of Work
b. Contractor and Supplier Quotations
C. Level of Landowners Cost Sharing Partici-
pat i ren
�. Commence Work as Approved by Council
The estimated time necessary to perform tasks I,
II, and IT_I would be:
1 . Engineering Inspector - 30 Hours
2. Engineering Secretary - 8 Hours
3. City Eng i neer - 4 Hours
CTION REQUESTED :
A motion directing staff to; determine work quantities, solicit
quotes from contractors, investigate landowner cost sharing
xarticipation, and prepare cost estimates for a clean-up effort
.djacent to the Minnesota Valley Trail.
Approved fo Submittal
City Engineer
_S/pmp
'LEANUP
.
1NC0F.f'0R'ATED 1870
*
ENC IJJT=:F.TNG DEPARTMENT
"9 E. ist Avenue - Shakopee, Minnesota 5K-79-:376 (612) 445-3650
MEMO TO Jahn K. Anderson, City Admin - tnator
FROM: Keri Ashfeld, City Engineer
SUBJECT. Holmes Street Fusin Laterals
DATE: December 13, 1985
INTRODUCTION :
The Holmes Street Fusin Lateral Project is the first phase
of the City' s storm sewer capital improvement program. This
and future storm sewer capital improvements will be implemented
in accordance with the City' s Standard Operating Procedure
(SOP) for Enterprise Fund Projects (copy attached) .
BACKGROUND:
A public meeting was held on Tuesday, December 10, 1985 as
an informational forum. Since the Holmes Street project is
not a 429 assessment project, a public hearing was not required.
As indicated on this attached SOP, the Holmes Street project
will be implemented through the course of 13 operational steps.
To this date, steps 1 through 5 have been co=mpleted. It is
the intent of this memo to continue to the next step of the
SOP.
RECOMMENDATION:
Recommend to proceed to step S of the City' s SOP. Since this
is not a 429 assessment project, a resolution is not required.
ACTION REQUESTED :
Offer a motion to direct the City Engineer to prepare the plans
and specifications fon the Holmes Street Basin Lateral Project
as presented in the Supplemental Feasibility Report dated Febru-
ary, 1985.
KA/pmp
STEPS
7D 17 T
] Cider _--'re-design
%] Review pre-design study
3] Public meeting date selected by staff
and public informed through news media
a] legal notice two weeks prior to public meeting
b] press release one week prior to public meeting
41 Mailed notice to property owners in affected. basin, approximately
10 days prior to public meeting
51 Public Meeting Held (unless no additional special benefit charge )
61 Order preparation of. p'lans and specs
7] Receive and approve plans and specs
Order an for bids
8] Advertise for bids
10 days if over $5 ,000 and under $100, 000
3 full weeks if over x100, 000
91 Accept bid and order project by Resolution
101 Officials execute contracts and work begins
111 Work is accepted by Resolution
121 Adoption of Resolution establishing the method by which the special
benefit and the City match cost is allocated within the district
and within the City and list the current rate addition as a result
of this project
_. -___ 13] Include with next quarterlyi-.billing an explanation of increases
as a result of the project
Ion
C = -r N' C)_F-_...___:S H..Z_k K O F' E:
IN'ORFORATED 1870
ENGIltE.En^IN17, DEPARTMENT
1 9 E. iat Avenue - Shakopee, Minneao`,a 55379-1376 (612) 445-3650
MEMO TO: John K. Andersen, City Adm i n i st rat or
FROM: Ken Ashfeld, City Engineer-
SUBJECT:
ngineer �}�-
SUBJECT: Holmes Street Basin Lateral project
Engineering Consultant Services
DATE: December 13, 1985
INTRODUCTION
Engineering consultant services are being requested to design
and prepare plans and specifications for the Holmes Street
Basin Lateral project.
BACKGROUND :
Due to the large amount of work that needs to be completed
on the Holmes Street Lateral project and the anticipated cost
benefit to the City to let the project as soon as possible,
I am submitting this request concurrently with a request to
order plans and specifications.
Orr-Schelen-Mayeron & Associates (OSM) has been retained as
the City' s general civil engineering consultant. The original
contract specifies that an extension agreement be negotiated
and approved by the City Council for major work tasks. Although
agreement documents have not yet been drafted, terms of the
agreement have been discussed. Attached is a proposed scope
of engineering services to be provided by DSM. Relative to
Section B, Construction phase, it is the intent that the City
Engineering Department fully administer and inspect the pro-
ject. Section B provides for the necessary communication be-
tween the designers and field inspectors through the course
of construction.
Compensation for engineering services is proposed to be based
upon a fee structure as determined by the American Society
of Civil Engineers and adopted by the local Civil Engineering
Council (copy attached) . Based upon an estimated construc-
tion cost of $921 , 743. 00, the fee structure results in a 6. 35%
rate, expressed as a percentage of the construction cost.
The resulting fee for basic design is:
$921 , 743. 00 x 6. 35% = $589530. 00
HOLMES STREET BASIN
December- 13, 1995
✓cZ�e
Since the feasibility study was completed by City staff and
normally this study, on an averave, consists of approximately
15% of the average project work load, staff proposes to reduce
the consultant fee by 15%.
Therefore, the proposed extension agreement with OSM would
be as follows:
Basic Services Fee (6. 375X) $58, 530. 00
Reduction for Feasibility Study ( 15X) - 8, 780. 00
Total "Not to Exceed" Fee $49, 750. 00
RECOMMENDATION:
Direct the City Engineer to negotiate an extension agreement
with OSM based upon the fare stated proposals.
ACTION REQUESTED :
Offer a motion to direct the City Engineer to negotiate an
extension agreement with Orr-Schelen-Mayeron and Associates
to provide engineering services for the Holmes Street Fusin
Lateral Project for a "not to exceed" fee of $49, 750. 00 and
return with said agreement for final approval.
KA/pmp
OSM
EP„INEERING SERVICES I�
FOR I
SHAKOPEE HOLMES STREET STORM SEti;ER
PROPOSED SCOPE OF SERVICES
A. Desiqn Phase
1. Review and evaluation of the preliminary report prepared by the City
2. Necessary surveying work to prepare final construction plans
(Easement work will be extra)
3. Set up soil testing program and evaluate borings
(Testing to be paid for by the City)
4. Final project design
5. Preparation of design plans, specifications and bidding documents
6. Preparation of detailed construction cost estimate
7. Prepare and submit necessary permit applications to regulatory agencies
8. Assist the City in advertising for bids and provide recommendations for
award of contract
B. Construction Phase
1. Provide required construction engineering services as follows:
a. Periodic observations of the work in progress (once a week - 4 Hrs.)
b. Preparation of supplementary drawings to clarify working drawings
c. Review of shop drawings to determine compliance with plans and
specifications
d. Review of necessary testing done by testing laboratories
e. Final inspection and report of completed project
f. Completion of as-built plans for City records
14 III I I j i l l l l l l l i l l l l l I I I I III
From
i I Net Construction 1
+I� Cost Curve B
13
T 50,000 10.05
100,000 9.01
I ( I 250,000 7. 81
�__
500,000 7.00
12 i �" 750,000 6.63
1 1000,000 6.22
2,000,000 5. 75
�— 4,000,000 5. 30
II I 6,000,000 5. 10
8,000,000 5.05
_l 1 10,000,000 4.97
I� 20,000,000 _ 4.88— i
10
.E gCL
Ln
8
27 -- ► �
6.35 11_ . .
s
5 �
i IT
0.01 0.05 0.1 0.5 1 5 10 50 100
Net construction cost, in millions of dollars
FIG. 2 — CURVE B, MEDIAN COMPENSATION FOR BASIC SERVICES,
EXPRESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR
PROJECTS OF AVERAGE COMPLEXITY.
From 1972 ASCE Manual No. 45
— 15 —
1
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk. \
ti
RE: 1986 Pool Table Licenses
DATE: December 10 , 1985
Introduction
The City has received two applications for renewal of pool
tabie licenses.
Background
The applications and license fees from the following businesses
for pool table licenses are in order. There are no delinquent
taxes. I have spoken with the Chief of Police and he has no
objections to the renewal of either of the licenses.
Both applications are for the same number of tables as last year.
R. Hanover Inc. - 4
Fraternal Order of Eagles Aerie #4120 - 1
Shakopee Bowl has a pool table license but has removed their
table and will not be renewing their license.
Recommended Action
Approve the application and grant a pool table license for
1986 to:
R. Hanover Inc. dba Richard' s in Shakopee , 911 E. 1st Avenue
Fraternal Order of Eagles Aerie 04120 , 220 W. 2nd Avenue
JSCjjms
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: 1986 Taxicab Licenses
DATE: December 17 , 1985
Introduction & Background
The City has received an application for renewal of their taxicab
license from Yellow Taxi Service Corporation. Their certificate
of insurance is not in order at this time.
Shakopee Cab Company, Inc. and Suburban Taxi Corporation who
had licenses last year are not renewing at this time.
Recommended Action
Move to table the application of Yellow Taxi Service Corporation
for a taxicab license.
JSC%jms
-
TO: John K. Anderson, City Administrator
FROM: Jeanne Andre, Community Develcpment Director
RE: Summary on Shakopee Brochurelot4l
DATE: November 15 , 1985
Introduction•
Last spring the City Council approved an expenditure of
up to $13 , 000 for the development of a new brochure in coordination
with the Shakopee League of Women Voters. Staff worked with
the League over the summer and a new publication was produced
in time ( almost) for the Industrial Commercial Day. The Council
received copies of the brochure in September. This memo is
to summarize the status of the brochure in terms of costs and
administration, so Council can evaluate the effectiveness of
this activity.
Background:
What is called the "brochure" is actually a folder with
five separate brochures, each highlighting a different segment
of information, including: 1) Local Government, 2 ) The Community,
3 ) Downtown Revitalization, 4 ) Commerce and Industry, and 5 )
Planning and Zoning. The first two books are to replace an
earlier brochure produced by the League as a community and voter
education project. In the past the League book was done with
League volunteer time, and contributions from the City and civic
organizations . The last three brochures are to replace and
expand upon information previously printed in brochures ( Shakopee
Today) produced by the ICC for the Industry and Commerce Day
and general promotion of the City. The last ICC brochure was
a joint effort of the City and the Chamber of Commerce.
It happened that all copies of the previous League brochure
were distributed at about the same time the ICC was looking
to produce a new brochure - so the idea of a combined approach
was approved. A different number of the various brochure components
were printed in an effort to look at the potential distribution
of each.
One new element to the brochure recommended by City Council
was the request for. financial support from local businesses.
A letter was sent to approximately 460 local businesses offering
to list their name on the brochure for a $25 fee. In the end
62 firms participated - more had indicated interest, but not
all paid. This effort therefore produced additional revenue
to support the project in the amount of $1550 , with staff and
overhead costs to carry out this effort in the range of $200-300.
A copy of the brochure has also been provided free of charge
to participating businesses.
J'
Local realtors have also been offered the chance to purchase
multiple copies of the brochure at cost, to distribute to their
clients . A letter recently went out to scliclt orders from
the realtcrs .
The brochure was delivered to the city on the ICC day.
Due to this technical difficulty there may not have been as
many brochures distributed at this event as planned, but it
is estimated that approximately 250 were given out. In the
past the ICC budget included printing of brochures to be distributed
at the event and additional copies handed out in the next year
or two. This year it is proposed that the ICC be charged only
for the 250 brochures distributed, which at a cost of $3 . 45
each, provides a total cost of $862. 50.
Cost Summary
The total cost of the project, exclusive of the League
of Women Voter ' s volunteer efforts and staff time was $9550.
This cost is reduced in the following ways:
Total Cost $9550. 00
Jaycee Contribution 200 . 00
Business Contributions 1550. 00
Realtor ' s Purchase
( 1 year estimate) 825. 00
ICC Day Charge 862 . 50
Net to City for general distribution $6112 . 50
The remainder of the brochures will be distributed by staff
to developers interested in Shakopee and by the League of Women
Voters to new residents through the Welcome Wagon. The City
also offered to provide the League 80 copies to be given to
the Shakopee Public Schools to use in the government classes ,
and 40 copies to their members and other agencies such as the
Shakopee library. The copies provided to the Welcome Wagon
and League are in consideration of the League ' s contribution
of time and energy to the project, which they have done to promote
government education.
One last factor to consider is whether the Chamber of Commerce
should be provided with copies of the brochure to distribute.
In the past the Chamber has helped with the cost of production
and has been a main distribution point. This year the Chamber
was financially over — extended due to its efforts in promoting
the tourism brochure, so it was unable to contribute financially
to this project. However it would still be useful to distribute
brochures through the Chamber if the City Council feels this
is appropriate.
c
Reauested Action:
1. Adopt Resolution No. 2469 , A Resolution of Appreciation
to the Shakopee League of Women Voters .
2 . Adopt Resolution No. 2470 , A Resolution of Appreciation
to the Shakopee Jaycees.
3 . Direct staff to provide brochures to the Chamber of Commerce
for distribution.
tw
11
l �
CITY OF SHAKOPEE
RESOLUTION NO. 2470
A RESOLUTION OF APPRECIATION TO THE SHAKOPEE JAYCEES
WHEREAS, the City of Shakopee has recently published a
brochure to inform the public about Shakopee, particularly the
community, local government, downtown revitalization, industry
and commerce and planning and zoning; and
WHEREAS, the Shakopee Jaycees did contribute $200 towards
the cost of publication; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the
City of Shakopee, Minnesota that a resolution of appreciation
to the Shakopee Jaycees is hereby adopted and extended to them
for their support.
Adopted in session of the City Council
of the City of Shakopee, Minnesota held this day of
1985.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1985.
City Attorney
CITY OF SHAKOPEE
RESOLUTION NO. 2469
A RESOLUTION OF APPRECIATION TO THE SHAKOPEE LEAGUE
OF WOMEN VOTERS
WHEREAS, the City of Shakopee has recently published a
brochure to inform the public about Shakopee, particularly the
community, local government, downtown revitalization, industry
and commerce and planning and zoning; and
WHEREAS, the League of Women Voters did write and coordinate
those sections of the brochure focusing on local government
and the community; and
WHEREAS, Paulette Rislund and Kathy Busch did represent
the League of Women Voters in a most professional and cooperative
manner in all matters related to the publication of the brochure;
NOW THEREFORE, BE IT RESOLVED that the City Council of
the City of Shakopee, Minnesota hereby expresses its appreciation
to the Shakopee League of Women Voters . and especially to Paulette
Rislund and Kathy Busch for their consciousness , professionalism
and efforts relating to the publication of the Shakopee brochure.
Adopted in session of the City Council
of the City of Shakopee, Minnesota held this day of
1985 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1985 .
City Attorney
MEMO TO: Mayor, Councilmembers
FROM: Tom Brownell , Chief of Police
RE: Fourth Avenue East Traffic Control
DATE: November 12 , 1985
Introduction:
With the opening of Canterbury Downs it was soon apparent that
the intersection of East Fourth Avenue and Shenandoah Drive
was a hazardous intersection prone to vehicular accidents .
Background:
The City and consulting engineer recommended to Council the
reduction of the speed limit on East Fourth Avenue from
50 mph to 40 mph which on July 2 , 1985 , Council approved.
On September 12 , 1985 , the State of Minnesota advised the
City Administrator, authorization to establish speed limits
requires approval by the Commissioner of Transportation.
Council by Resolution 2447 requested the required State study.
On October 25 , 1985 , the State notified the City of the results
which establishes the following speed limits :
1 . 30 mph from CSAH 17 to 850 feet east of CSAH 17 .
2. 50 mph from 850 feet east of CSAH 17 to CR 83 .
Between July 26 , 1985 , and October 10 , 1985 , there have been
three personnel injury and two property damage accidents
injuring five persons . These accidents are of a type suscep-
tible to correction by a multiway stop installation.
The State field study documents speeds from 35 mph to 70 mph,
100 feet west of Shenandoah Drive. During a two hour period
49 vehicles were traveling 50 mph to 70 mph. During the
racing season 3 ,153 vehicles are north and south bound on
Shenandoah during a seven hour period of time. The State
speed survey was conducted on 10-16-85 , 8 : 05 to 11 : 15 a.m. ;
10-17-85 , 5 : 50 to 7 : 55 a.m. & 10-17-85 , 8 : 00 to 11 : 10 a.m. .
Canterbury Downs closed on 10-15-85 .
Recommendation:
The City Engineer and myself recommend establishing the speed
limits on East Fourth Avenue as directed by the Commissioner
of Transportation. We also recommend installing stop signs
at the intersection of East Fourth Avenue and Shenandoah
Drive for east and west bound traffic creating a four way stop
at this intersection.
Council Action Requested:
Direct staff to install speed limit signs as authorized
by the Commissioner cf Transportation on East Fourth Avenue
in the following locations , 30 mph from CSAH 17 to 850 feet
east of CSAR 17 and 50 mph from 850 feet east of CSAH 17 to
Co. Rd. 83 . Install stop signs on East Fourth Avenue at
Shenandoah Drive .
TB : cah
- l��NNESpTq
�o Minnesota
Q Department of Transportation Cb
District 5
2055 No. Lilac Drive
FyTOF Tv P,� Golden Valley, Minnesota 55422
(612)x>>tio)Nkk
593-8544
October 25, 1985
Tom Brownell, Police Chief.
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
Re: Speed Zoning - 4th Avenue
City of Shakopee
Dear Mr. Brownell:
The speed zoning study requested by the Shakopee City Council for 4th
Avenue between CSAH 17 and C.R. 83 (Resolution 2447) has been completed.
As discussed with you previously, the study results support the following
speed limits for 4th Avenue:
30 mph - from CSAR 17 to 850 ft. east of CSAR 17
50 mph - from 850 ft. east of CSAH 17 to C.R. 83
The above speed limits have been recommended to the state traffic engi-
neer who will. issue a formal speed limit authorization to Shakopee.
The problem being experienced at Shenandoah Drive is a "spot" problem
best solved by measures other than speed limits. Your suggestion to
change the "stop" signs from Shenandoah to 4th Avenue is an example of
a possible solution. (Four-way stop signs should be used only if war-
rants are met. ) If the stop signs are not changed, intersection warning
signs for 4th Avenue would also be a possible improvement.
We have enclosed radar speed samples from the study for your information.
If there are questions concerning either the data or our recommendations,
please contact Ed Brown at 593-8549.
Sincerely,
J. S. Katz, P.E.
District Traffic Engineer
Attachment:
,i cc: John K. Anderson - City Administrator
JSK:pn:EB
An Equal Opportunity Employer
-
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: The City of Shakopee and Minnesota Department of
Transportation (Mn/DOT) Agreement for T.H. 101
and Bridge Replacement Improvements
DATE: October 15 , 1985
Introduction
One of the first items listed in the City' s contract with Barton
Aschman for work on the Trunk Highway 169 bridge replacement
and Trunk Highway 101 interchange improvement was for them to
secure an agreement with Mn/DOT regarding the project. Prior
to my leaving on vacation I had indicated to Council that Mn/DOT
had taken the draft proposal for the desired agreement to the
Attorney General ' s Office for an opinion. As noted in the attached
letter, the Attorney General ' s Office declined to allow Mn/DOT
to execute the agreement for the reasons stated in the attached
letter.
Proposed Memorandum of Understanding
Because Mn/DOT' s District 5 is very interested in proceeding
with the project they proposed to submit to the City of Shakopee
a "memorandum of understanding" which is attached. The memorandum
includes the bulk of the clauses included in the proposed contractual
agreement between the City and Mn/DOT. It does not include
a clause which commitments Mn/DOT at this time. This memorandum
spells out the intent of Mn/DOT in the partnership with the
City for the improvement of the Trunk 169 bridge and 101 intersection
improvements , but does not commit them to it in contractual
form. When the City' s consultant and the Downtown Committee
have decided on a final bridge configuration and Highway 101
alignment we will have specific costs and a specific time table
for the project. At that point, Mn/DOT believes the Attorney
General' s Office will allow them to sign a formal contract.
Alternatives
1. The City Council can pass a motion accepting the memorandum
of understanding. The memorandum of understanding is the
strongest statement the City of Shakopee can obtain from
Mn/DOT regarding the proposed joint partnership on these
road projects at this time. If the City wishes to continue
it must follow through with the consultant and Downtown
Committee efforts to get a final bridge alignment and Highway
101 alignment with cost estimates and construction time
tables. I -believe that the City has only two choices.
It can continue to get the required information under its
contract with Barton Aschman which is for $141,771 . 00 and
requires the consultant to come up with the final alignment
and cost estimates, or it can let the project languish
until Mn/DOT picks it up.
2 . The City can decide to spend no more money on the project
and let it die until Mn/DOT enters into a more specific
contract. As noted above, Mn/DOT has told us they cannot
enter a more specific contract until we have selected an
alignment, obtained concrete estimates for a specific alignment
and established a construction time table. This alternative
would shut down our efforts at downtown redevelopment not
only for the bridge and the Highway 101 alignment but for
any work that would have been done on First Avenue in conjunc-
tion with the downtown revitalization.
Recommendation
We have spoken at length about the City' s alternative with repre-
sentatives from Barton Aschman. Jeanne Andre and I believe
that the City must continue under the current contract to get
the information required if we are to secure the kind of agreement
Council wants to proceed with the construction of this project.
Action Requested
Pass a motion accepting the memorandum of understanding dated
November 4 , 1985 from W. M. Crawford, P.E. District 5 Engineer,
Minnesota Department of Transportation.
JKA/jms
tr�NN�T4
Minnesota
Department of Transportation j
District 5
2055 No. Lilac Drive
STOP'Tr Golden Valley, Minnesota 55422
(612)x:
593-8403
November 4, 1985
Mr. John Anderson, Administrator
City of Shakopee
129 E. First Avenue
Shakopee, MN 55379-1376
Re: C.S. 7009 (T.h. 169)
At T.H. 101 and
Replacement of Bridge #4175
Proposed Memorandum of Understanding
Dear. Mr.Apdersdn-..
As you know, Mn/ OT and the city of Shakopee have been working together on
a memorandum of understanding for the proposed roadway rerouting of traffic
in the Shakopee downtown area and the replacement of bridge #4175 over the
Minnesota River. A draft proposal that was agreeable to the agency staffs
was submitted to the Attorney General' s Office for an opinion.
The opinion rendered by a special assistant to the attorney general was
that the memorandum of understanding with joint signatures on the same
document in effect is a contractual agreement and; therefore, the proposal
needed considerable work to constitute a decent agreement. Two items of
significance - one was the need to identify dates for the proposed work
and two was the need for specific costs to be shared by the two agencies.
Since the project is just in the early project development stages, it is
somewhat impossible to prepare specific cost estimates and splits at this
point in time.
Given the present circumstances, Mn/DOT recognizes:
THAT the City has by resolution passed December 11, 1984 approved the
expenditure of $1 .9 million to jointly finance said project; and
THAT the City has requested and been granted authority to proceed with
location studies and an environmental assessment of the combined con-
struction proposal; and
THAT the City is now requesting that the remaining financial and project
management responsibilities be identified and tentatively agreed to; and
An Equal Opportunity Employer
Mr. John Anderson
November 4, 1985
Page Two
THAT the City is willing to acquire the necessary right-of-way and con-
tribute the up to $1 .9 million for expenditures for acquisition of neces-
sary rights-of-way and construction embellishments on the proposed road-
way rerouting of traffic in the downtown area; and
THAT the Shakopee City Council at its regular October 1, 1985 meeting
reviewed the proposed memorandum of understanding and had one change
that has been noted in the above paragraph; and
THAT the City continues to support, endorse and encourage construction
of the T.H. 101 Shakopee Bypass at the earliest possible date and is
willing to contribute $1 .0 million to the T.H. 101 Bypass design costs.
Therefore, it is Mn/DOT' s intent:
THAT the State enter into such a joint partnership as indicated by prior
informal approvals and the authorization granted to the city to proceed
with same location and environmental studies which include both the city
and state elements of the proposed subject; and
THAT the State prepare the detailed design plans for both the bridge
replacement and the roadway rerouting of traffic in the downtown area; and
THAT the State pay for all construction associated with the replacement
of bridge #}`4175 including associated approach work considered essential
to link-up said bridge with inplace T.H. 169 to the north and south.
John, this letter of intent serves as Mn/DOT's committment to the city
of Shakopee on the project development and cost sharing. I have dis-
cussed this with Commissioner Braun and he is in agreement with the
committments.
Sincere y,
W. M. Cra. or P.E.
District Engineer
C = TY C F7_ �E;HAKOPaT=
INCORPORATED 1870
C �
* ENGINEERING DEPARTMENT
129 E. 1st Avenue - Shakopee, Xinnesota 55379-1376 (612) 445-3650
MEMO TO: John K. Anderson, City Ad m i n i st at Or
FROM: Ken Ashfeld, City Engineer
SUBJECT: Traffic Control on Agpar Street
DATE: November 14, 1985
INTRODUCTION:
At their November 6, 1985 meeting, the City Council directed
the police Chief and City Engineer to review:
1. Traffic and speed control on Apgar Street between
1st Avenue and 6th Avenue.
2. Signage at 4th, 5th, and Gth Avenue.
3. Speed control on alley west of St. Francis Hospital
between 4th and 5th Avenues.
BACKGROUND :
Apgar Street serves as a local street with Municipal State
Aid Street designation from 1st Avenue to Gth Avenue. Apgar
Street has a County Road (County Road 77) designation south
of Gth Avenue.
Apgar Street provides traffic with direct flow from 6th Avenue
to 1st Avenue with intersecting streets in a stop or yield
condition.
Previously, the City Council at their October 15, 1985 meeting
directed staff to conduct a comprehensive City-wide traffic
control and intersection signage study. The portion of Apgar
Street under consideration here is within an area that requires
special attention during that study.
The speed limit On alleys within the City of Shakopee, as go-
verned by state statute is 10 MRH. The speed limit on Apgar
Street is 30 MRH.
APGAR STREET
NOVEMBER 14, 13E5
PAGE 2
RECOMMENDATIONS :
1 . Staff recommends : That no additional signage be placed
on Apgar Street at the present until the City-wide traffic
control and intersection signage study is completed.
2. That the existing traffic control signage at the inter-
sections of 4th, 5th, and Gth Avenues remain as in-place.
.S. That 10 MFH speed limit signs be placed in the alley between
4th and 5th Avenues. This is not to condone that speed limit
signs be placed in every alley in the City of Shakopee, only
identified, isolated problem areas.
ACTION REQUESTED :
Offer a motion to direct staff to place 10 MPH speed limit
signs in the alley west of the St. Francis Hospital between
4th and 5th Avenues.
KA/prop
APGAR
O HA •
�.o�E►��r, CITY F S KOPEE
a�1� ► 129 East First Avenue, Shakopee, Minnesota 55379
tz
MEMO
John Anderson & City Council To: � o (Z
FROM: Jim Karkanen - Public Works
SUBJECT: Equipment yard screening
DATE:
Sept . 25 , 1985
INTRODUCTION:
The Shakopee Planning Commission has requested that the Public
Works Department provide more screening around their equipment yard to
present a more aesthetic st orage area to the surrounding neighborhood .
BACKGROUND:
In late 1976 , the Public Works department crew planted Zabel
honeysuckle inside of the fence area of the equipment and storage area ,
primarily on the west perimeter , north side and the eastern fence line .
Russian Olive trees were planted across the southern borders of the yard
to screen the yard from any proposed development to the south . This
area is now the East vi ew Addt . Because of the ground fill at the
southern edge of our yard , some of the planted trees did not survive ,
and the honey suckle on the east fence line have recently died back in
the last several years . The honeysuckle planted on the western fence
1 i ne i s st i 11 heal t by and wi 1 1 not have t o be repl aced at t he moment .
There are parking areas on the east and north sides of our building
which have Russian Olive and Mountain Ash planted on them, which are
very heal t by at t he moment , but i f a 4 f oot hedge i s requi red ( as per
Ord . #158) , t hen vari gat ed dogwood soul d be pl ant ed out si de of t he
tree line . However , this wi 1 1 present a visibility problem for squad
cars exi t i ng f rom t he Pol i ce St at i on ont o Gorman St . i n emergency
conditions . The hedge line can' t be inside of the t ree' 1 i ne because it
i s used f or snow st orage i n t he wi nt er .
The Shakopee Pubbi c Ut i 1 i t y Commi ssi on al so has a pol a and hydrant
storage area at the west side of our Municipal Services Building in the
strip of land between our west dri vewf y , and the fence line separating
our property from the Clifton Townhouse property . In our opinion , the
poles which are stacked at 1the fence line next to the f i nce line , has
created a pi pent i al hazard to the children who are sometimes seen playing
in and around these poles , and they create an eyesore to these neighbors -
r
p. 2 �
If Council wants us to provide more screening to the neighborhood , then
it would be our suggestion that they also request the Ut i 1 i-t y Commission.
to move these poles to another location . After the poles and old
hydrants are removed , we can then landscape this strip of land and
add trees , planted vegetation to create a screen between the two properties
If i t ' s the Council ' s desire to add more vegetation , we would
suggest planting more Russian Olive trees across the south , southeast and
southwest area to further screen the yard to the south . The existing
honeysuckle on the west side has survived , and doesn' t need any
replacement at this time . The fence line at the east and northeast
area could have plastic slats inserted into it which would provide an
opaque screen from the Gorman Street frontage road and the property
directly to the east . The parking lot east of our building has Russian
Olive and Mountain Ash trees planted , and we have lost only one tree
at these sites .
In order to comply with the 60% requirement of 4 foot vegetation
as required by Ord . #158 , we should plant about 150 feet of dogwood
at the site east of our building , about 50 feet of dogwood north of the
building, and the west side of our building is about 375 feet which
would require about 95 dogwood plants , and approx . 13 trees of various
vari et i es . The varieties suggested would be, Russian Olive , Mountain
Ash , and American Linden ( basswood . )
Attached is a chart showing estimated quantities needed , and
cost s , and a 1 ocat i on chart .
ALTERNATIVES:
1 . Screen all areas indicated i n memo .
2 . Screen only storage/equipment area .
3 . Acknowledge the "grandfather" exception to Ord . #158 for the yard ,
and do nothing.
4. Replace only the areas which have lost their vegetation from di eback .
5 . Enclose entire fence/yard area with plastic slats for an opaque
view to the neighborhood would be approx . 1440' @ 3 . 40 -- $4900.
EST. UNI T QTY,
SPECI ES SI ZE SPACI NG LIFE PRI CE NEEDED /t `
------------------------------------------------------------
Vari gated Dogwood 3' 4' 15 yrs . 5. 00
( bare root ) 181
Russian Olive 5' 25' 12-15 yea 8. 50 23
( bare root )
Ain. Linden( basswood) 11"dia . 30' 20 yrs . 23 ,95 �
( bare root )
Mt Ash 1 ?" 30' 25 yrs , 16, 00 5
( bare root )
Pl a st i c fence 6' cont . 10-15 yrs . 3. 40/1 .f .
insert s
REQUIREMENTS
AREA APPROX. F-TGF-. plants t r e e s COST
South & SE/SW port ion f ence 460' 18 $ 155
West fence ( slats option only) 345' $1175
North fence ( East side, - slat s) 135' $ 460
North fence ( West side - shrubs) 135' 35 $ 170
East fence to NE gate ( slats only) 365' $1240
West side of building 375' 95 15 $ 605
East side of building 150' 38 $ 190
Nort-h:_si de of building 50' 13 $ 65
Total fence enclosed w/slats Y 1440' w +~ $ 5000
Part i al sl at s 500' @ 3.40 -3-710~
181 $ 905
33 $ 435
$ 3040
N .�b
Z
f-
rite e
o
10
i sootvbs
Ex��r
' W/TLA �{
w day Wed
Nob
i
g
��s
tir �
v
PHOTOGRAPH OF
S. P. U. C. POLES "'
ON WEST SIDE OF
BUILDING
F
1
7
1
I
g s
MEMO TO: Mayor and City Council x
FROM: John K. Anderson, City Administrator
RE: vacation Carry Over for Jeanette Shaner J��
DATE: December 12 , 1985
Introduction & Background
The City Personnel Policy limits the amount of vacation an employee
may carry over from one year to the next to the amount earned
in a calendar year. Jeanette Shaner will have a total of 82 . 06
hours accumulated by the end of the year. Because she is part
time the amount of vacation she can carry over beyond December
31st is 62 . 36 hours .
She is planning to move into a new home in February and would
would like to use her vacation then. She is- requesting that
she be allowed to carry over the excess 19 .7 hours until April
1, 1986 at which time they will have been used.
Alternatives
i. Approve request
2 . Deny request
Recommendation
Recommend alternative No. 1 .
Action Requested
Move to allow Jeanette Shaner to carry over into 1986 a total
of 82 . 06 hours of accumulated vacation with 19 . 7 hours to be
used by April 1 , 1986 .
JKA/jms
• /o f
1395 CITY OF SHAKOPEE CHECK REGISTER 12-11-85 PAGE 1
CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 9 P-O- # MESSAGE
113065 12/11/85 30.00 CARLSON HARDWARE DUES & SUBSCRIPT 01-4391-621-62
113085 12/11/85 30.00- _ -,_CARLSON-HARDWARE DUES_&_SUBSCRIPT 01-4391-621-62
.00 •
...... ***-CKS
345024 12/11/85 124.74 ASSOCIATED ASPHALT SURFACE MAT 01-4215-429-42
124.74 *
.....• ***-CKS
345026 12/11/85 6.92 AUTO CENTRAL SUPPLY SUPPLIES - 01-4210-312-31
345026 12/11/85 53.66 AUTO CENTRAL SUPPLY SUPPLIES 01-4210-421-42
345026 12/11/85 159.15 AUTO CENTRAL SUPPLY SUPPLIES 01-4210-426-42
345026 12/11/85 3.21 AUTO CENTRAL SUPPLY MDTOR FUEL 01-4222-171-11
343026 12/11/85 45.38 AUTO CENTRAL SUPPLY EQUIP MAINT 01-4232-312-31
345026 1l_/I1/85 109.23 AUTO CENTRAL SUPPLY EQUIP MAINT _ 01-4232-321-32
345026 12/11/85 20.30 AUTO CENTRAL SUPPLY EQUIP MAINT 01-4232-411-41
345026 12/11/85 314.32 AUTO CENTRAL SUPPLY EQUIP MAINT 01-4232-426-42
712.17 •
341027 12/11/85 5.14 JEANNE ANDRE TRAVEL & SUBSIST 01-4330-171-17
345027 12/11/85 14.93 JEANNE ANDRE TRAVEL & SUBSIST 01-4330-175-17
345027 12/11/85 13.13 JEANNE ANDRE TRAVEL & SUBSIST 15-4330-191-19
345027 12/11/85 15.00 JEANNE ANDRE CONE& SCHOOLS 15-4390-191-19
48.20 •
►..... ***-CKS
345046 12/11/85 33.50 AT & T TELEPHONE 01-4321-131-13
345046 12/11/85 5.30 AT & T TELEPHONE 01-4321-311-31
38.80 •
..*... ***-CKS
345053 12/11/85 9.17 BERENS SUPPLIES 01--4210-181-18
345033 12/11/85 9.17 BERENS SUPPLIES 01-4210-181-18
345053 12/11/85 9.17 BERENS SUPPLIES 01-4210-182-18
345053 12/11/85 9.17 BERENS SUPPLIES 01-4210-184-18
3450:)3 12/11/85 9.17 BEREVS SUPPLIES 01-4210-311-31
3450''j3 12/11/85 9.17 BERENSSUPPLIES 01-4210-421-42
55.02
..**.. ***-CKS
iii 5061 12/11/85 185.65 BRYAN ROCK PRODUCTS OTHER IMPROV 13-4519-000-00
1135.65 +
*.*.., ***-CKS
345003 12/11/85 43.99 BURROUGHS CORP. SUPPLIES 01-4210-151-15
43.99
,s
&*+-CKS"
345066 12/11/35 __._ 83 575.15aUESLNG--B RDS_TRUCK__�; ._�07HER IMPROV-___-______._2_7-_4_5. 19,-548-41_-----------_---
1385 CITY OF SHAKJPEE CHECK REGISTER 12-11-95 PAGE 2
CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. # MESSAGE
839575.15
345061 12/11/85 39361.20 ROY N. BAKER PROF SERV 01-4310-331-33
3,361.20
_. _ .. _ ***-CKS
tt*t*r
345072 12/11/85 49.75 DIANE S. BEUCH PROF,SERV �-01-4310-111-11- _
345012 12/11/85 80.63 DIANE S. BE UCH PROF SERV 01-4390-1T1-17
345012 12/11/85 28.13 DIANE S. BEUCH PROF SERV 15-4310-191-19
157.51
fffftt ***-CKS
345087 12/11/85 47.44 CARLSON HARDWARE SUPPLIES 01-4210-421-42
345085 12/11/85 4.81 CARLSON HARDWARE SUPPLIES 01-4210-426-42
3450(15 12/11/85 14.36 CARLSON HARDWARESUPPLIES 01-4210-622-62
345095 12/11/85 8.67 CARLSON HARDWARE _ - EQUIP NALNT 01-4232-421-42
3450135 12/11/85 12.96 CARLSON HARDWARE EQUIP NAINT 01-4232-426-42
88.24 •
tfrrft ***-CKS
345095 12/11/85 1.50 CLAYS PRINTING _
.,UPPLIES 01-4210-151-15
345095 12/11/85 25.32 CLAYS PRINTING SUPPLIES 01-42.10-411-41
345095 12/11/85 39.40---
CLAYS—PRINTING—_- -_`----_SUPPLIES __.,. _.._.•._,____.____73-4210-731-73
66.22 •
kf tftt ***-CKS
345099 12/11/85 59.00 CONST BULLETIN DUES 8 SUBSCRIPT 01-4391-411-41
59.00 •
trfr►* ***-CKS
345105 12/11/d5 2,040.75 JULIUS A. COLLER II PROF SERV 01-4310-161-16
29040.75
*tff** ***-CKS
345112 12/11/85 5.99 JUDITH COX SUPPLIES 01-4210-111-11
5.99 • _ _ i
r*ttft ***-CKS'
345115 12/11/35 10.30 C.H. CARP. LUM3ER SUPPLIES 01-4210-421-42
l
345115 12/11/85 16.84_ C.H. CARP. LUM3ER SUPPLIES 01-4210-622-62 IJ
345115 12/11/85 92.98 C.H. CARP. LUMBER BLDG MAINTT 01-4230-b30-62
120.12
♦fr*fr _. -. ._.. . . --- ***-CKS
345122 12/11/95 300.00 D A. TANGE CO PROF SERV
300.00 _ 01-4370-151-15
_ -- __.- _....._ _.___ .._...__.._._. ...-._
f t■f f r
-CKS
198 CIT/ OF SHAKOPEE CHECK REGISTER 12-11-85 PAGE 4
CHECK Nd. UA1E AMOUNT VENDOR TTEM_DESCRIPTION _ --ACCOUN_T N0. INV...# P-O. _ft MESSAGE
345233 12/11/85 _. _ ._ 120.00--.., ,_iIC AO. :_ CONF -&-S C HO 0-1[,S-, _01-X39.0-331-33__�____..____�.-__-- i.
120.00 • - -- _
tr•rfr *•*-CKS- ..
345245 12/11/35 519.95 JIM HATCH SALES CO SUPPLIES 01-4210-421-42
345245 1?/11/85 162-00-,-.--------JIM. HATCH _SALES__CO—__ E,QUIIP_MA[NT_ _.- �_ 0.1-4232-432-42
681.95 _
...,.. .**-CKS
_
3452;7 12/11/85 4.90 KOEHNENS STANDARD EQUIP MAINT 01-4232-121-12
345201 12/11/85 6.50KOEHNENS_STANDARD EQUIP MAINT01-4232-312-31
345207 12/ii/35 120.50 KOEHNENS STANDARD PROF SERV 01-4310-312-31
131.90 •
rrrrrr ***-CKS
345 -16 12/11/3 109.00KENS DOOR_REPAIR. BLDG_MAINT_ _ 01-4230-181-18
108.00 • __ ______._._
rrrrfr **r-CKS .!
345301 12/11/85 504.00 LOCAL UNION #320 REMIT UNION DUES 81-4924-000-00
504.00 *
rrr**• ***-CKS
3+5303 12/11/85 336.15 LINK PRINT PRINT $ PUB 01-4350-321-32
345303 121/11/85 44.00 LINK PRINT PRINT & PUB 01-4350-621-62
345303 12/11/85 74.15LINK_PRIN[ : SUPPLIES 73-4210-731-73
454.30 • _.._ .__._-- -.__.__ .
rrrrrr ***-CKS
345301 1/11/85 900.79 LAWSON PRODUCTS SUPPLIES 01-4210-421-42
900.79
rfrrff ***-CKS
345301 12/11/85 15.00 LOUISVILLE LANDFILL UTILITIES 01-4370-622-62
15.00
•.r r r r ***-CKS
345311 1,'/11/85 4.90 MALKERSON MOT. INC. EQUIP MAINT 01-4232-411-41
345316 12/11185 86.30 MALKERSON MOT. INC. EQUIP MAINT 01-4232-426-42
91.10
***-CKS. .
rlfitf
3,15 32 1 12/11/85 336.85 MARSH HEATING & AIR BLDG MAINT 01-4230-311-31
336.85
i
' rrrr*r t*r—CKS
1985 CITY OF SHAKOPEE CHECK REGISTER 12-11-85 PAGE 3
CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. tl P.O. it MESSAGE
345124 12/11/85 70.00 DIAMOND CLEANING CTR EQUIP MAINT
70.00 * - - _------..__ _..__..___
j.
rrkr►r ***-CKS
345130 12/11/85 2.11 DUNNINGS HDWE. SUPPLIES 01-4210-121-12
345130 12/11/85 89.99 DUNNINGS HDWE. SUPP� IES _ 01-4210-181-.18 _
345130 12/11/85 8.34 -DUNNINGS HDWE. __—_'_SUPPLIES � 01-4210-331-33� --- —�
345134 12/11/85 3.60 DUNNINGS HDWE. SUPPLIES 01-4210-411-41
345130 '12/11/85 2.97 DUNNINGS_ HDWE. SUPPLIES 01-4210-621-62
345130 12/11/85 2.11 DUNNINGS HDWE.' " T^ SUPPLIES ' 01-4210=622-62
345130 12/11/85 3.12 DUNNINGS HDWE. BLDG MAINT 01-4230-630-62
345130 12/11/85 3.50 DUNNINGS HDWE. EQUIP MAINT 01-4232-621-62
115.74
* ------ -- ---------------___------ -
rtkr.k ***—CKS
345134 12/11/85 1 ,532.92 EARL.F.DRESSEN MOTOR FUEL 01-4222-426-42
345134 12/11/85 110.10 EARL F.ORESSEN EQUIP MAINT 01-4232-631-62
19643.02
rrrr*. ***—CKS
345147 12/11/85 6.09 EASTMAN DRUG SUPPLIES 01-4210-321-32
345147 12/11/85 2.99 EASTMAN DRUG PRINT 8 PUB 01-4350-319-31
345147 12/11/85 17.08 EASTMAN DRUG SUPPLIES 21-4210-534-41
26.16
I,
***-CKS
345173 12/11/85 40.60 EARL FLECK TRAVEL & SUBSIST 01-4330-314-31
40.60
t r k i r t
***-CKS
3451 d5 12/11/85 27.85 GOPHER STATE TRUCK MOTOR FUEL 01-4222-312-31
27.85
I
...... ***-CKS
34j211 12/11/85 66.80 HENNENS ICO -- EQUIP- MAINT
66.80
j ,
I"
345215 12/11/85 816.00 S M HENTGES & SONSRENTS 01-4380-432-42
816.00 _
***kkr ***-CKS
345225 12/11/85 24.50 JUDY HUGHES PROF SERV 01-4310-221-22
I '
345225 12/11/85 49.00 JUDY HUGHES PROF SERV 14-4310-142-14
73.50 * ,. -. ..-..---- .•-.-..,......._ ._-
t k k k t t
**:—CKSI '
, i .
1)8`1 CITY OF `iHAKOPEE CHECK REGISTER 12-11-85 PAGE 5
CHECK NO. GATE AMOUNT VENDOR _ ITEM DESCRIPTION ACCOUNT NO. INV- 9 P-0. R MESSAGE
345334 12/11/85 67.73. MINN.VALLEY ELEC--- ` ._ UTILITIES_ - 01-4370-351-35
- -
345334 12/11/85 42.12 MINN.VALLEY ELEC. UTILITIES OL-4370-427-42 ,
109.85
*•r-CKS
34:1331 1_'/11/85 443.41 _ _ MINNEGASCO UTIL�TIES 01-4370-181-18
345537 12/11/85 158.08 MINNEGASCO UTIL TIES -01-4370-182-18
34j351 12/11/85 686.48 MINNEGASCO UTILITIES 01-4370-311-31
.5453S1 12/11/85 740.04 MINNEGASCO UTILITIES 01-4370-321-32
345337 12/11/85 19372.95 MINNEGASCO UTILITIES 01-4370-421-42
345337 12/11/85 141.58 MINNEGASCO UTILITIES 01-4370-611-61
345357 12/11/85 108.98 MINNEGASCO UTILITIES01-4370-622-62
3,6 51.5 2 * --- ---- --- ...--
R f i i k k
***-CKS
345341 12/11/85 21885.00 METRO SALES INC PRINT & PUB 01-4350-911-91
29885.00_*
3411340 12/11/85 4.46 MOTOR PARTS SUPPLIES 01-4210-421-42
.345346 12/11/85 14.00 MOTOR PARTS SUPPLIES 01-4210-621-62
345340
12/11/89 268.03 MOTOR PARTS MOTOR FUEL 01-4222-312-31
345340 12/11/95 7.48 MOTOR PARTS EQUIP MAINT 01-4232-311-31
345346 12/11/85 108.54 MOTOR PARTS EQUIP MAINT 01-4232-3.12-31
345340 12/11/85 38.43 MOTOR PARTS EQUIP MAINT 01-4232-411-41
345346 12/11/85 166.90 MOTOR PARTS EQUIP MAINT 01-4232-426-42
607.84
345347 12/11/85 549.13 MOR-TEL-CO BLDG MAINT 01-4230-311-31
549.13 *
345348 12/11/85 443.70 MPLS STAR & TRIB PRINT & PUB 01-4350-136-13
443.70 *
345349 12/11/85 956.24 ROBERT MCALLISTER PROF SERV 01-4310-361-36
956.24 *
.545354 12/11/85 345.40 MYERS AUTOMOTIVE EQUIP MAINT 01-4232-312-31
345.40
-_.-***-CKS. .
3455;;9 12/11/85 140.68 MBA REMIT CANCER INS 81-4924-000-00
140.68 * _ __..._
#**-CKS
345:581 12/11/115 33.72 NW BELL TELEPHONE 01-4321-111-11
34`.13'11 1:'/11/95 22.87 NW BELL TELEPHONE 01-4321-121-12
345387 12/11/85 33.72 NW BELL TELEPHONE 01-4321-131-13
3453,117 12/11/85 104.66 NW BELL TELEPHONE 01-4321-151-15
116:, CITY OF SHAKOPEE CHECK REGISTER 12-11-85 PAGE 6
CHECK NO. DATE AMOUNT - -VENDOR.--.------.-------- ITEM_DESCRIPTION ----_ACCOUNT_NO- INV. , h P.O. p MESSAGE
345387 12/11/85 33.72 NW BELL TELEPHONE 01-4321-171-17
345367 12/11/85 122.46__._ Nu,.BELL------- T_EL_EPHONEE 01-4321-182718_
345367 12/11/85 310.89 NW BELL TELEPHONE 01-4321-311-31
34j3ci7 1/11/85 56.28 NW BELL TELEPHONE 01-4321-321-32
.3453117 12/11/85 33.72 NW BELL TELEPHONE 01-4321-331-33
345387 12/11/85 14.10 NY BELL TELEPHONE - - -_-01-4321-351-35
345387 12/11/85 67.44 NW BELL TELEPHONE 01-4321-411-41
345387 12/11/85 --NW_ BELL_____ TELEPHONE_____ _..___-_ 01--
345387 12/11/85 16.86 NW BELL TELEPHONE 15-4321-191-1y
3453d7 12/11/85 16.86 NW BELL TELEPHONE 16-4321-231-23 j
345367 12/11/85 .45 NW BELL TELEPHONE 21-4321-534-41
961.03 • - --
345586 12/11/85 11625.00_-_---_-_NORWEST_SK__MPLS,--•_•_--CASH OEP_W/FIS.�AG_ _.48-1050-000-00___—__.-______,,_._
345388 12/11/85 509000.00 NORWEST BK MPLS CASH DEP W/FIS A6 48-1050-000-00
3453313 12/11/85 16.50 NORWEST BK MPLS PAYING AG FEE 48-4612-000-00
51P641.50 *
•rrtff
•••-CKS
345412 12/11/85312.20 ORR-SCH-MAYR S AS PROF SERV D1-4310-411-41
345412 12/11/85 69060.18 ORR-SCH-MAYR L AS PROF SERV 61-4310-549-41
6,372.38 +
*f rf rf *x*-CKS
345448 12/11/8510.00 _ PRECISION METAL FAB EQUIP MAINT 01-4232-426-42
345448 12/11/85 7.50 PRECISION METAL FAB EQUIP MAINT 01-4232-631-62
17.50
trrrrf ***-CKS
345457 12/11/85 40.95 RADIO SHACK SUPPLIES 01-4210-111-11
40.95
CKS
345461 12/11/85 _ 11.Op _ REYNOLDS WELDING --_--____SUPPLIES01-4210-421-42_----
345461 12/11/85 3.00 REYNOLDS WELDING SUPPLIES 01-4210-441-44
14.00
***-CKS
f f k f f f
345495 12/11/85 20.00 SCOTT CTY. RECORDERLEGAL_ FILING FEES _01-4316-134-13_��v____
345495 12/11/85 61.00 SCOTT CTY. RECORDER LEGAL FILING FEES 01-4316-137-13
81.00
***—CKS
345497 12/11/85 74.,75____.-_______SCOTT_CTY.--SHERIFF SUPPLIES 01-4210-321-32_u_ _ _• -„_.
345417 12/11/85 608.40 SCOTT CTY. SHERIFF E0UIP MAINT 01-4232-311-31
345411 12/11/85 657.60 SCOTT CTY. SHERIFF EQUIP MAINT 01-4232-321-32 ! ,
1,340 75
frt*ff ***-CKS.
1185 CITY OF SHAKOPEC CHECK REGISTER 12-11-85 PAGE 7
:'HECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. q P.O. 11 MESSAGE
34550 12/11/85 36.35 SHAKOPEE FORD SUPPLIES 01-4210-421-42
345502 12/11/85 110.47 SHAKOPEE FORD EQUIP MAINT)- 01-4232-312-31
345502 12/11/85 10.00 SHAKOPEE FORD EQUIP MAINT 01-4232-426-42
156.82
t.r►rr •**-CKS
345503 12/11/85 76.14 SOUTHWEST SUBURBAN PROMOTIONS 01-4319-178-17
345503 12/11/8:1 530.10 SOUTHWEST SUBURBAN PRINT & PUB 01-4350-131-13
345508 12/11/85 22.45 SOUTHWEST SUBURBAN PRINT & PUB 01-4350-136-13
343505 1:2/11/85 88.83- SOUTHWEST SUBURBAN PROMOTIONS 14-4319-142-14
345508 12/11/85 88.83 SOUTHWEST SUBURBAN PROMOTIONS 14-4319-142-14
345:103 12/11/8 88.82 SOUTHWEST SUBURBAN PROMOTIONS14-4319-142-14
717.51 • _ _----.. -- ------ _._.. -
i'
345:)01 1:'/11/85 22.00 SHAKOPEE SERVICES UTILITIES 01-4370-181-18
34:i.i01) 12/11/85 8.00 SHAKOPEE SERVICES UTILITIES 01-4370-184-18
3451i0') 12/11/85 22.00 SHAKOPEE SERVICES UTILITIES 01-4370-311-31
345 50') 12/11/85 22.00 SHAKOPEE SERVICES UTILITIES 01-4370-321-32
i45;i09 12/11/85 22.00 SHAKOPEE SERVICES UTILITIES 01-4370-421-42
34`3509 12/11/85 22.00 SHAKOPEE SERVICES UTILITIES 01-4370-621-62
118.00 •
rrrttr ***-CKS
.---W.-------------
34 55 1 1
__-_ ___345511 12/11/85 115.84 SPUC BLDG MAINT 01-4230-181-18
343511 12/11/85 67.75 SPUC BLDG MAINT 01-4230-630-62
343511 12/11/85 42.10 SPUC EQUIP MAINT 01-4232-427-42
345511 12/11/85 239.71 SPUC UTILITIES 01-4370-181-18
34;i:i1/ .12/11/85 280.33 SPUC UTILITIES 01-4370-182-18
343'i17 12/11/85 6.33 SPUC UTILITIES 01-4370-311-31
34:151! 12/11/85 144.61 SPUC UTILITIES 01-4370-321-32
345'.317 12/11/85 19.50 SPUC UTILITIES 01-4370-351-35
343`.117 12/11/35 805.54 SPUC UTILITIES01-4370-421-42
345°ill 12/I1/8E 171.18 SPUC UTILITIES _ 01-4370-427-42
345517 11/11/85 241.40 SPUC UTILITIES 01-4370-611-61
34`1'117 12/11/85 _ 72.99 SPUC UTILITIES ............
343317 12/11/85 9.86 --- - SPUC - - ---�-u UTILITIES - -- - - --- -01-4370-626-62
345:i17 12/11/85 189.71 SPUC UTILITIES 01-4370-628-62
345517 12/11/85 161.30 SPUC POSTAGE 73-4320-731-73
345511 12/11/85 19055.00 SPUC --WATER CONNECTS -83-3831-000-00
3413517 12/11/83 210.00 SPUC WATER METERS 83-3832-000-00
39839.15
r.rrrr ***-CKS
3+5520 12/11/85 38.70 STARKS CLEANING' BL D6 MAINT' 01-4230-181-18
343520 12/11/85 26.70 STARKS CLEANING BLDG MAINT 01-4230-182-18
345520 12/11/85 8.50 STARKS CLEANING -BLDG NAI NT - 01-4230-184-18
343'120 12/11/85 26.70 STARKS CLEANING BLDG MAINT 01-4230-311-31
345320 12/11/85 17.30 STARKS CLEANING BLDG MAINT 01-4230-321-32
34 12/11/85 23.60 STARKS CLEANINGBLDG MAINT 01-4230-421-42
345520 12/11/85 23.20 STARKS CLEANING _._-__a__._-•.- BLDG-MAINT__._ 01-4230-421-42
345120 12/11/85 23.60- STARKS CLEANING BLDG MAINT 01-4230-421-42
1735 CITY OF SHAKOPEt CHECK REGISTER 12-11-85 PAGE 8
CrIECK 'Jo. DATE AMOUNT VENDOR-___ .. ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. # MESSAGE
345520 12/11/8`; 26.70 STARKS CLEANING BLDG MAINT 01-4370-311-31
34552) 12/11/8 26.70- .: STARKS CLEANING _ BLDG_-MAIN T __,._,_,_01-4370-311-31
rtrtrr **r-CKS
345526 12/11/85 7.05 SUEL BUSINESS EQUIP. SUPPLIES 01-4210-151-15
345526 12/11/85 1.24SUEL._BUSINESS_ EQUIP. SUPP IES �; : _ 01-4210-171-17
345526 12/11/85 43.32 SUEL BUSINESS EQUIP. SUPPLIES 01-4210-311-31
345526 12/11/85 29.20 SUEL BUSINESS EQUIP. SUPPLIES 01-4210-411-41
345526 12/11/85 47.76 SUEL BUSINESS EQUIP. SUPPLIES 01-4210-911-91
128.57 * __
345521 12/11/95 _3.99SUPER AMER ICA ..SUPPL.IES - 01-421.0-312-31
345527 12/11/85 9.32 SUPERAMERICA SUPPLIES 01-4210-331-33
345521 12/11/81 47.56 SUPERAMERICA MOTOR FUEL 01-4222-312-31
60.87 r
trrttt - _ *tt-CKS
345531 12/11/85 177.50 SHAKOPEE OIL MOTOR FUEL 01-4222-426-42
177.50
............. _. .._._. ..
999919 *rt-CKS
345533 12/11/8 : 10.36 —__BARRY_STOCK_____ TRAVEL 6__$UBSIST._ �14-4330-142-14 .
10.36 r
345534 12/11/85 29000.00 SCHILZ ORNAMENTAL OTHER IMPROV 13-4519-000-00 2608
29000.00 t
trrrtr ttr-CKS
345540 12/11/85 35.63 GLENDA SPIOTTA PROF SERV 01-4310-221-22
35.63
999991 rr*-CKS
345502 12/11/85 44.10 TRIO TREE EQUIP MAINT 01-4232-631-62
345ti52 12/11/35 <'50.00 TRIO TREE PROF SERV 01-4310-651-65
294.10 r
111119 ***-CKS
345591 12/11/85 112.11 VALLEY TEMP PROF SERV 01-4310-171-17
112-11 •
191111 ***-CKS... i
345593 12/11/85 23.32VALLEY.IND,-PROP_/�Nt~ MOTORFUEL 01-4222_62.1-62
23.32
r _
*trttr _ **►-CKS-
I.
345601 12/11/85 150.90 VAN SICKLE-ALLEN PROF SERV 01-4310-338-33
I
C)
1185 CITY OF SHAKUPLE CHECK REGISTER 12-11-85 PAGE 9
"HECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. 0 P.O. H MESSAGE
150.90
*►..*. ***-CKS
345603 12/11/85 164.92 VALLEY TIRE SERVICE EQUIP MAINT01-4232-312-31
164.92 *
345604 12/11/85 14,874.15 VALLEY PAVING INC OTHER IMPROV _ 26-4519-539-41
14,874.15 * -
345605 '12/11/85 10,639.22 VAN POOL SERV. INC UTILITIES 14-4370-142-14
109639.22 *.._ - -
****.* •*•-CKS
34:5622 12/11/85 12.84 WILLENSKY AUTO EOUIP MAINT 01-4232-426-42
12.84
*.*.*. ***-CKS
345629 12/11/85 3,580.00 WESTW000 PLAN. INC. PROF SERV 26-4310-539-41 -��-
31584.00
345630 12/11/85 149218.35 WASTE MANAGEMENT UTILITIES 01-4370-721-72
14,218.35 *
***-CKS
345651 1/11/85 515.25 ZACKS SUPPLIES 01-4210-421-42 12262
515.25
-
I
345800 12/11/8', 28.00 AM MANGEMT ASSOC DUES & SUBSCRIPT 01-4391-158-15
28.00 *
345801 12/11/85 21.00 ROBERT BATES INVEST SUPPLIES 01-4210-321-32
21.00 *
34580.2 11,/11/H 19.95 BILL BROSE EQUIP MAINT 01-4232-182-18
19.95 *
***... ***-CKS
345804 12/11/85 275.00 DAN NYS CONST OTHER IMPROV ��13-9519-000-00 10025-�
275.00
345605 12/11/85 236.00 HYDRAULIC COMP'SER C EOUIPT HAINT' -- 01-4232-426-4"2 9550
236.00 •
345806 12/11/85 91.50 LOCATORS & SUPPLIES SUPPLIES 01-4210-321-32 1213
91.50
345801 12/11/85 30.00 MN PARK SUP ASSOC OUES & SUBSCRIPT' 01-4391-621-62
30.00
1)35 CITY OF SHAKOPEE CHECK REGISTER 12-11-85 PAGE 10
CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. p MESSAGE
345304 12/11/87 25.00__..,•___,,,_ RUBIIi-.R_M000LLOUGH �,_PRDMDTIDN$ _14-431.9-1,42--14
....
25.00
34'180•) 12/11/3S 30.00 MN CHEIFS OF POLICE DUES & SUBSCRIPT 01-4391-311-31
30.00
345810 la/11/8 2x878.00 ._ - _ MUN OR CODIFIERS INC PROF SERV 01-4310-111-11___-, -.,
2.878.00 _.
345811 12/11/85 52.50 ROSE MERTZ SUPPLIES 01-4210-181-18
3451111 12/11/85 52.50 ROSE MERTZ SUPPLIES 01-4210-184-18
105.00
347'11' 12/11/85 797.00 E L PRAHM BLDR OTHER IMPROV 13-4519-000-00
797.00 •
345313 12/11/tll.i 23.56 PARK JEEP EDUIP MAINT 01-4232-631-62 130898
23.56
34 314 12/11/8z) 75.00 RI1.CKS AUTO 8 RAD EQUIP MAINT 01-4232-321-32
75.00 •
34531:, 12/11/8`.i 36.00 SHAK CHAMBER OF COM DUES 9 SUBSCRIPT 01-4391-121-12
36.00 •
34531u 12/11/8 76.69 AGGIE UNZE TRAVEL R SUBSIST 01-4330-311-31
76.69 •
345811 12/11/85 474.81 S M HENTGES & S INC- OTHER- IMPROV 27-4519-547-41
345311 12/11/85 626.21 S M HENTGES 8 S INC OTHER IMPROV 61-4519-549-41
1,101 .02 •
345318 12/11/85 2,427.00 CANTERBURY DOWNS TRAVEL L SUBSIST 01-4330-221-22 1289
2x427.00 •
34581) 12/11/35 180.25 KENNETH PASS PROF SERV 01-4310-432-42
180.25 *
34532+) 12/11/3:i 66.00 JIM KARKANEN PROF SERV 01-4310-421-42
66.00 *
...... ***-CKS
50663.33FUND 01 TOTAL_ GENERAL FUND
39257.65 FUND 13 TOTAL PARK RESERVE FUND
10012.40 FUND 14 TOTAL TRANSIT
73.12 FUND 15 TOTAL HRA
16.86 FUND 16 TOTAL CABLE
17.53 FUND 21 TOTAL CAPITAL IMPROVE. FUND
18,458.15 _ FUND 26 -TOTAL _; ,__,DOWNTOWN REDEVELOMENT.�--
84.049.96 FUND 27 TOTAL RACETRACK
51.641.50 FUND 48 TOTAL 74 IMPROVEMENT FUND
6.686.39 FUND 61 TOTAL 1985 IMPROVE.
274.85 FUND 73 TOTAL STORM DRAINAGE UTILITY
644.68 FUND 81 TOTAL PAYROLL TRUST -
1985 CITY OF SHAKOPEE CHECK REGISTER 12-11-85 PAGE 11
CHECK N0. DATE AMOUNT VENDOR ITER DESCRIPTION ACCOUNT NO. INV. N P.O. N MESSAGE
19265.00 FUND 83 TOTAL UTILITY TRUST
227,861.42 TOTAL
I
i
utl, December 11a1;e 1 ACCOUNTS PAYABLE LEDGER 1985
id Acct . Cr. Acct. Amount Batch Remarks Ck. No. Vendor Ck. Amt.
85.1010 85.1010 $493,910.00 Transfer 19287 lst National - Shakopee $493,910.00
71..4411 .711 .71 71.1010 57,583.08 Current Use Chg. 19288 Metro Waste Control
71.3833.000.00 21.1.010 1,262.25 SAC Chg 19288 " 58,845.33
27.4507.548.41 27.1010 266.52 Purchase of Land 19951 NW Bell 266.52
27.4507.548.41 27.1010 900.00 Purchase of Land 19952 W. & M. J. Thomas 900.00
81..4925.000.00 81.1010 8,625.63 Remit Bankers Life 19953 Trustee-Bankers Life 8,625.63
81.4922.000.00 81.1010 4,751.86 Remit FICA 19954 State Treas 4,751.86
81.4931.000.00 81.1010 1,000.00 Eemit Payroll Say. 19955 lst Nat'l -Shakopee 1,000.00
81.4927.000.00 81.1010 2,262.00 Remit Defer. Comp. 19956 PEBSCO 2,262.00
81_.4932.000.00 81.1010 85.20 Remit Uniform Mental 19957 Unitog Flental Serv. 85.20
81.4927.000.00 81.1010 100.00 Remit Defer. Comp. 19958 IDS 100.00
81.4921.000.00 81.1010 3,079.57 Remit SIT 19959 Comm of Revenue 3,079.57
81.4920.000.00 81.1010 7,217.31 Remit FIT 19960 lst Nat'l -Shakopee 7,217.31
81.4923.000.00 81.1010 6,949.72 Remit PERA 19961 State Treas 6,949.72
01.4390.331.33 01.1010 180.00 Conf & Schools 19962 0 of M 180.00
$588,173.14 $588,173.14
FUND TOTALS
01 - General Fund $ 180.00
27 - Racetrack 1,166.52
71 - Sewer Fund 58,845.33
81 - Payroll Trust 34,071.29
85 - Investment Trust 493,910.00
$588,173.14
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Joint Powers Agreement Establishing Watershed
Commission for the Sand Creek Watershed
DATE: December 13 , 1985
introduction
A small portion of southern Shakopee lies within the Sand Creek
Watershed. This watershed, like our Shakopee Basin Watershed
requires that a Water Management Organization (WMO) be created
to manage surface water runoff . The City of Shakopee has not
actively participated in the drafting of this watershed agreement
because Shakopee makes up less than 100 of this predominently
rural district.
Joint Powers Agreement Contents
The Joint Powers Agreement is patterned after the WMO Joint
Powers Agreement executed by Prior Lake, Shakopee, Jackson Township
and Louisville Township. The most important similarity in the
two agreements is the fact that they are established to accomplish
water management planning and do not enable the watershed commissions
to start construction. In addition, the financing formula for
the general administration and planning in both organizations
is identical.
The only significant differences lie in paragraph six Board
of Commissions subd. one, which deals with the makeup of the
Board, paragraph seven Powers and Duties of the Commission,
subd. two and paragraph eight Finances, subd. three. The first
item deals with a temporary 11 member commission and a 7 member
permanent commission whereas the Shakopee Basin deals with a
4 member board. The second item deals with voting by the board
which requires a 5/7 vote for Sand Creek compared to a unanimous
vote by the 4 members of the Shakopee Basin board. The last
item regarding finances includes a sentence in subd. 3 which
requires each jurisdiction to provide the funds required under
the commission' s budget. The budget can be' approved by a 5/7
vote of the Board. None of these items are critical since a
very, very small portion of Shakopee lies within the District
and funding is based on area and assessed valuation.
Alternatives
i. The City can refuse to sign the agreement. The City might
consider this alternative simply to avoid participating
in an organization that may cost some money. If the City
chooses not to participate, it may come back to haunt the
City when we seek participation from townships in the Shakopee
Basin Watershed District under a similar Joint Powers Agreement.
16 v
2 . The City can agree to the Joint Powers Agreement. The
Agreement is essentially the same as the one the City played
a large role in drafting for the Shakopee Basin Joint Powers
Agreement. Moreover, because only a small portion of Shakopee
lies within the basin and expenditures are limited to adminis-
tration and planning the potential expense to Shakopee
is minimal and Shakopee and Louisville Township will have
a joint member on the board.
:3 . Make alterations to the agreement prior to authorizing
its execution. Should Council care to change any of the
specific language in the agreement this alternative could
be pursued. The political jurisdictions primarily involved
in this agreement are scheduled to have it executed by
Tuesday, December 17 , 1985 .
Recommendation
I recommend approval of the Joint Power Agreement as drafted
for the reasons discussed above.
Action Requested
Authorize the appropriate City officials to execute a Joint
Powers Agreement establishing a watershed commission for the
Sand Creek Watershed District.
JKA/jms
JOINT POWER AGREEMENT
ESTABLISHING A WATERSHED COMMISSION
FOR THE SAND CREEK WATERSHED
The parties to this agreement are Cities and Townships which have land
that drain surface water into the Sand Creek, or land within the legal boundary
of the watershed. This agreement is made pursuant to the authority conferred
upon the parties by Minnesota Statutes 1982 471 .59 and 473.875, et. sea.
1 . Name. The parties hereby create and establish the Sand Creek
Water Management Commission.
2. General Purpose. The purpose of this agreement is to provide an
organization to preserve and use the natural water storage and retention of the
Sand Creek watershed to (a) reduce to the greatest practical extent capital
expenditures necessary to control excessive volumes and rates of runoff, (b)
preserve water quality, (c) prevent flooding and erosion from surface flows,
(d) study ground water recharge, (e) cooperate in protecting and enhancing fish
and wildlife habitat and water recreational facilities, (f) secure the other
benefits associated with the property management of surface water, (g) to
exercise the authority of a watershed district under Section 112.65 to accept
the transfer of drainage systems in the watershed, to repair, improve, and
maintain the transferred drainage systems, and to construct all new drainage
systems and improvements of existing drainage systems in the watershed,
provided that projects may be carried out under the powers granted in Chapter
106, 112, or 473 and that proceedings of the board with respect to the systems
must be in conformance with the watershed plan adopted under Section 473.878;
and (h) carry out all the duties and responsibilities outlined in Minnesota
Statutes 473.875 through 473.883, to the extent authorized in this agreement.
1
3. Definitions,
Subdivision 1 . "Commission" means the organization created by this
agreement in full name of which is "Sand Creek Watershed Management
Commission". It shall be a public agency of its members.
Subdivision 2. "Board" means the appointees to the Commission who
shall serve as the governing body.
Subdivision 3. "Governmental unit" means any Township or City which
is a member of this Commission.
Subdivision 4. "Member" means a governmental unit which enters into
this agreement.
Subdivision 5. "Sand Creek Watershed" or "Watershed" means the
geographic area contained within a line drawn around the extremities of all
terrain whose surface drainage is tributary to this area or are within the
legal boundary of the Sand Creek Watershed and within the mapped areas
delineated on the map filed with the Water Resources Board pursuant to
Minnesota Statutes 473.87, Subd. 2.
4. Membership. The membership of the Commission shall consist of the
following governmental units:
Belle Plaine Township
Cedar Lake Township
Helena Township
City of Jordan
Louisville Township
New Market Township
City of Prior Lake
St. Lawrence Township
Sand Creek Township
City of Shakopee
Spring Lake Township
2
No change in governmental boundaries, structure, organizational status
or character shall affect the eligibility of any governmental unit listed to be
represented on the Commission, so long as such governmental unit continues to
exist as a separate political entity.
5. Advisors. The following shall be requested to appoint a
nonvoting advisory member to the Commission; Scott County; Scott County Soil
and Water Conservation District. The County and District shall not contribute
funds for the operation of the Water Management Organization (WMO) , except as
provided in Minnesota Statute 473.883, but may provide technical services.
6. Board of Commissioners
Subdivision 1 . The governing body of the Commission shall be its
Board, which shall consist of eleven ( 11 ) members, one from each governmental
unit, during the preparation and adoption of the initial watershed plan. After
adoption of the watershed plan, the Board shall consist of only seven (7)
members. The seven (7) members shall consist of one ( 1 ) Commissioner appointed
jointly by the City of Shakopee, and the Township of Louisville, one ( 1 )
Commissioner appointed jointly by the City of Prior Lake and the Township of
Spring Lake, one ( 1 ) Commissioner appointed by the City of Jordan, one ( 1 )
Commissioner appointed by the Township of Sand Creek, one ( 1 ) Commissioner
appointed by the Township of Helena, one ( 1 ) Commissioner appointed jointly by
the Townships of Belle Plaine and St. Lawrence, one ( 1 ) Commissioner appointed
jointly by the Townships of Cedar Lake and New Market. Vacancies in office
shall be filled for the remainder of the term by the governing bodies who
appointed or had the right to appoint the Commissioner. The members shall meet
upon 10 days notice at a time and place selected by the Clerk of the City of
Jordan. The members of each group shall select the Commissioner by majority
vote of the members present.
3
Subdivision 2. The eleven ( 11 ) Commissioners shall be appointed for a
term to coincide with the formation of the initial Board, expiring upon
adoption of the initial Plan. The terms of the seven (7) member Commission
shall be for three (3) years or until their successors are selected and
qualify, and shall commence after the adoption of the initial plan, except that
the terms of the Commissioners first appointed shall commence from the date of
their appointment and shall terminate as follows:
A. One Commissioner appointed jointly by the City of Shakopee, and
the Township of Louisville whose term shall expire December 31 ,
1989 or upon adoption of the Plan, whichever is later; and
B. One Commissioner appointed jointly by the City of Prior Lake and
the Township of Spring Lake whose term shall expire December 31 ,
1988 or upon adoption of the Plan whichever is later; and
C. One Commissioner appointed by the City of Jordan whose term shall
expire December 31 , 1989 or upon adoption of the Plan whichever
is later; and
D. One Commissioner appointed by the Township of Sand Creek whose
term shall expire December 31 , 1988 or upon adoption of the Plan
whichever is later; and
E. One Commissioner appointed by the Township of Helena shall be for
a term expiring December 31 , 1990 or upon adoption of the Plan
whichever is later; and
F. One Commissioner appointed jointly by the Townships of Belle
Plaine and St. Lawrence whose term shall expire December 31 , 1991
or upon adoption of the Plan, whichever is later; and
G. One Commissioner appointed jointly by the Townships of Cedar Lake
and New Market whose term shall expire December 31 , 1990 or upon
adoption of the Plan, whichever is later; and
H. A vacancy shall be filled within 30 days by the appropriate
governmental units.
Subdivision 3. A Commissioner may be removed from the Board prior to
the expiration of his or her term by the member governmental unit replacing the
Commissioner who has been appointed.
Subdivision 4. Commissioners shall serve with compensation set by and
from the Commission.
Subdivision 5. At the first meeting of the Board each year the Board
shall elect from its commissioners a chair, a vice chair, a secretary, a
treasurer and such other officers as it deems necessary to conduct its meetings
and affairs. At the organizational meeting or as soon thereafter as it may be
reasonably done, the Commission shall adopt rules and regulations governing its
meetings. Such rules and regulations may be amended from time to time at
either a regular or a special meeting of the Commission provided that at least
ten days prior notice of the proposed amendment has been furnished to each
person to whom notice of the Board meetings is required to be sent. A majority
vote of all eligible votes of the then existing members of the Commission shall
be sufficient to adopt any proposed amendment to such rules and regulations.
7. Powers and Duties of the Commission
Subdivision 1 . The Commission, acting by its Board of Commissioners:
(a) Shall prepare a watershed management plan meeting the
requirements of ilinnesota Statute 473.878;
(b) The plan as developed by the Watershed Commission shall include
and address those items as listed in Section 2 under General
Purpose. Each member within the watershed organization shall
approve said plan prior to its adoption and prior to drafting an
implementation plan.
(c) Amendments to the plan must be approved by all members.
(d) Review and approve local plans.
Subdivision 2. The Commission may employ such persons as it deems
necessary to accomplish its duties and powers as set forth in the plan.
However, each member may provide such professional assistance as it considers
necessary to assist the Commission to accomplish its duties and powers.
Professional services must be approved by a 5/'7 vote of the Board.
Subdivision 3. The Commission may contract for space and for material
and supplies to carry on its activities either with a member of elsewhere.
Subdivision 4. The Commission may acquire necessary personal property
to carry out its powers and its duties.
Subdivision 5. The Commission may make necessary surveys or use other
reliable surveys and data to prepare and submit a plan.
Subdivision 6. The Commission shall cooperate with the Minnesota
Water Resources Board and other Minnesota and Federal agencies having authority
to manage water problems for obtaining information to prepare and submit a
plan.
Subdivision 7. The Commission may contract for or purchase such
insurance as the Board deems necessary for the protection of the Commission.
Subdivision 8. The Commission may enter upon lands within or without
the watershed when necessary to make surveys and investigations to accomplish
the purposes of the Commission. This does not preempt the property owners the
rights to assert a claim for damages where interference with the use of the
land takes place.
Subdivision 9. Upon completion of the plan the Commission shall upon
request provide any member governmental unit with technical data, or any other
information which the Commission has knowledge of, which will assist the
governmental unit.
Subdivision 10. The Commission may make contracts, incur expenses and
make expenditures necessary and incidental to the effectuation of its purposes
and powers.
n
160
Subdivision 11 . The Commission shall cause to be made an annual audit
of the books and accounts of the Commission and shall make and file a report to
its members at least once each year including the following information:
(a) The financial condition of the Commission;
(b) The status of plan; and
(c) The business transacted by the Commission and other matters which
affect the interests of the Commission. Copies of the report
shall be transmitted to the clerk of each member governmental
unit.
Subdivision 12. The Commission's books, reports and records shall be
available for, and open to, inspection by its members at all reasonable times.
Subdivision 13. The Commission may recommend changes in this
agreement to its members. Any changes must be accepted and approved by all the
members.
8. Finance s
Subdivision 1 . The Commission funds may be expended by the Board in
accordance with this agreement in a manner determined by the Board. The Board
shall designate one or more national or state bank or thrift companies
authorized to receive deposits of public monies to act as depositories for the
Commission funds. In no event shall there be a disbursement of Commission
funds without the signature of at least two Board members, one of whom shall be
the treasurer. The treasurer shall be required to file with the secretary of
the Board a bond in the sum of at least $10,000.00 or such higher amount as
shall be determined by the Board. The Commission shall pay the premium on said
bond.
Subdivision 2. General Administration; contracts. Each member agrees
to contribute each year to a general fund, said fund to be used for general
administration purposes including, but not limited to: salaries, rent,
supplies, development of an overall plan, insurance, bonds. The annual
contribution by each member shall be based fifty percent (50%) on the assessed
valuation of all property within the watershed and fifty percent (50%) on the
basis of the total area of each member within the boundaries of the watershed
each year to the total area in the watershed. In no event shall any assessment
require a contribution by a local unit of government in any calendar year to
exceed one-half of a mill on each dollar of assessed valuation of its territory
within the watershed. The township governmental unit at the annual meeting
shall make a levy not to exceed the amount assessed.
Subdivision 3. Upon ratification of this agreement, the Board shall
adopt a general administrative budget within 90 days by a majority vote of its
members. On or before January 1 of each year thereafter, the Board shall adopt
a general administrative budget by a majority vote for the ensuing year and
decide upon the total amount necessary for the general fund. The secretary of
the Board shall certify the budget on or before January 15 to the clerk of each
member governmental unit, together with a statement of the proportion of the
budget to be provided by each member. The governmental unit of each member
agrees it will review the budget, and the Board shall upon notice from any
member received prior to February 15, hear objections to the budget, and may,
upon notice to all members and after a hearing, modify or amend the budget, and
then give notice to the members of any and all modifications or amendments.
Each member agrees to provide the funds required by the budget and said
determination shall be conclusive.
9. Duration,
Subdivision 1 . Each member agrees to be bound by the terms of this
agreement until January 1 , 1990, and it may be continued thereafter upon the
agreement of all the parties.
8
Any member prior to January 1 , 2000 may petition the Board to dissolve
the agreement. Upon 30 days notice in writing to the clerk of each member
governmental unit, the Board shall hold a hearing and upon a favorable vote by
5/7 of all eligible votes of then existing Board members, the Board may by
resolution recommend that the Commission be dissolved. The resolution shall be
submitted to each member governmental unit within 60 days, and if approved by a
5/7 vote of the members the Board shall dissolve the Commission allowing a
reasonable time to complete work in progress and to dispose of personal
property owned by the Commission.
10. Dissolution
Upon dissolution of the Commission, all property of the Commission
shall be sold and the proceeds thereof, together with monies on hand, shall be
distributed to the eligible members of the Commission. Such distribution of
Commission assets shall be made in proportion to the total contribution to the
Commission required by the last annual budget.
11 . Effective Date
This agreement shall be in full force and effect when all delineated
designated governmental units within the watershed in paragraph four of this
agreement, file a certified copy of a resolution approving this agreement and
upon the execution of this agreement by all the parties. All members need not
sign the same copy. The resolution and signed agreement shall be filed with
the Clerk of the City of Jordan who shall notify all members in writing of its
effective date and set a date for the Board's first meeting. The first meeting
shall take place at the Jordan City Hall within 60 days after the effective
date. Prior to the effective date of this agreement, any signatory may rescind
their approval. Unless all eleven ( 11 ) members have signed this agreement by
December 27, 1985, it shall be null and void.
4
IN WITNESS WHEREOF, the undersigned governmental units, by action of
their governing bodies, have caused this agreement to be executed in accordance
with the authority of Minnesota Statute, 471 .59.
Approved by the Township Board BELLE PLAINE TOWNSHIP
December , 1985 By
Attest
Approved by the Township Board CEDAR LAKE TOWNSHIP
November , 1985 By
Attest
Approved by the Township Board HELENA TOWNSHIP
November , 1985 By
Attest
Approved by the City Council CITY OF JORDAN
November , 1985 By
Attest
Approved by the Township Board LOUISVILLE TOWNSHIP
December , 1985 By
Attest
Approved by the Township Board NEW MARKET TOWNSHIP
December , 1985 By
Attest
Approved by the City Council CITY OF PRIOR LAKE
December , 1985 By
Attest
Approved by the Township Board ST. LAWRENCE TOWNSHIP
December , 1985 By
Attest
10
Approved by the Township Board SAND CREEK TOWNSHIP
December , 1985 By
Attest
Approved by the City Council CITY OF SHAKOPEE
December , 1985 By
Attest
Approved by the Township Board SPRING LAKE TOWNSHIP
December , 1985 By
Attest
1
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Selection of an Organizational Staffing and Municipal
Services Costing Study Consultant
DATE: December 13 , 1985
introduction
The Shakopee City Council, at its regular December 3 , 1985 meeting,
established a selection committee to select a consulting firm
from among six that submitted request for proposals (RFPs) in
response to the City' s notice for the above mentioned study.
The selection committee was made up of Jerry Wampach, Gloria
Vierling and John Anderson.
Selection Committee Action
Council and selection committee members had requested that I
screen the six RFPs received on November 22 , 1985 with the goal
of selecting three for final interviews. After the screening
I felt the City should invite four firms for the interviews,
checked this with the selection committee, and set up four interviews
for Thursday evening, December 12 , 1985 .
The four firms interviewed on December 12th were Ernst & Whinney,
Peat Marwick, Tom Watson and Associates, Inc. and David M. Griffith
and Associates, Ltd. (Note - list of all six firms attached
on November 27 , 1985 memo. ) The committee felt that several
of the final four proposals were quite good and had a clear
grasp of the City' s goal of the study. The selection committee
was unanimous in its recommendation to hire Ernst & Whinney
at a fee of $27 , 000 for Phase I and II plus out-of-pocket expenses
of approximately 10%.
Alternatives
1. Accept the recommendation of the selection committee and
hire Ernst & Whinney. Ernst & Whinney seemed to have a
very clear outline of the City' s goals of the study, had
a clear grasp of how they were going to approach the study
without alienating employees, and will be leaving the City
with a software product that can be used for similar analysis
after the firm has completed their study.
2. Select one of the other firms interviewed. The committee' s
second choice was David M. Griffith and Associates, Ltd.
This firm appeared to have the best grasp of the costing
of public services element of the study based upon the -
detail explanation they provided at the interview.
s . Decide not to proceed with the study.
Recommendation
The committee recommends that Council move forward with the
study and select Ernst & Whinney. The timing for the study
is ideal because the City can enter the process on a positive
note indicating to all employees that money has been budgeted
for additional personnel in 1986 , and the purpose of the study
is to determine where the personnel are most needed. In addition,
should the City be faced with local government aid cutbacks
and revenue sharing cutbacks in 1986 or 1987 , the information
obtained by the study will be extremely useful and timely.
Action Reauested
Pass a motion authorizing the appropriate City officials to
enter into a contract for consulting services with Ernst & Whinney
to provide an Organization Staffing and Municipal Services Costing
Study at an amount not to exceed $27 , 000 plus 100 out-of-pocket
expenses.
JKA/jms
I
N 10 TO: Layer and Ci-_y Counc_1
FROM:: J c::n L.. Anaecsor , r.cTM n=s .calor
RE: Revj_4,, cf Request for Propcsa's (Rr fCr an OrGd:1�ZdziO:,
Staf�_ng and INiunicipal Services Ccsting Sludgy-
DATE: November 27 , 1985
Introduction
The Shakopee City Council , at their regular October 1 , 1985 meeting,
authorized the appropriate City officials to mail an RFP for the
above mentioned consulting services to a list of a dozen firms .
RFPs Received
The City received six RFPs on November 22 , 1985 . The pricing of
the RFPs is listed below for informational purposes ,because the
City had no specific idea about what such a study might cost.
Firm Phase I Phase II Total
Ernst & Whinney $17 , 000 7-510 , 000 $27 ,000*
Peat Marwick - 20 ,181*
Productive Design 20 ,000 20 ,000 40 ,000
Deloitte Haskins & Sells 16 ,000 3 , 500 19 ,500*
Tom Watson & Assoc. ,Inc. 15 , 000 5 , 000 20 ,000*
David M. Griffith & Assoc. ,LTD. 35,000 8 , 000 43 ,000
*plus "out-of-pocket" expenses which most firms have estimated at
approximately 10% of the total' cost.
Selection Procedures
With six proposals Council has two choices. Either all firms can be
called in for an interview or the six can be screened down to a smaller
number like two or three. I recommend that we screen the applicants
down to two or three and that the screening committee consist of one or
two City Council members , one employee , one department head and me.
The initial review. of RFPs can begin by handing out RFPs to committee
members at the meeting on December 3rd and scheduling the first _
review session on the evening of December 5th. The remaining
candidate firms then can be contacted for interviews probably on
December 12 , staff can draft a memo to Council on December 13th and
Council can make a final selection based on the screening commitee' s
final recommendation at its regular December 17 , 1985 meeting.
-,age , 2
Review of request fcr ?rczosals
All tern Amiyes
1 . CounC�l can -roceed by c_r;J nt1nC d SCreeill:lg CCmm_ttee of HCl r Cr
five pecle and direct the comurnittee to return to the December 17th
Council meeting with a recommended selection fcr the study. Tnis
procedure would be in keeping with the City' s normal practice
in selecting consultants . The time table proposed would allow the
consultants to complete the police staffing review in time for
the City to be included in the February recruitment by the Suburban
police officers Recruitment group. Other aspects of the study
could be completed after that but any delay might prevent us from
having a timely decision on staffing for the police department.
2. Appoint a committee (with the same number or fewer ) to interview
all of the candidates beginning at the soonest possile date with
the intent of having the selection for the December 17th meeting.
Recommendation
I recommend alternative No. 1 simply because it is the procedure we
normally use for selecting consultants. We have sufficient proposals
froneach consultant to provide one copy to each of a five member
review committee thus allowing review to begin immediately. The cost
of the study will be funded by 1985 surpluses and/or contingency
money earmarked for salaries but not spent during the first few months
of 1986 while the study is under way.
Action Requested
1. Select- a committee to review the RFPs for the organizational
staffing and municipal servicing costing study.
2. Direct the committee to screen the RFPs and make a written
recommendation to City Council at its December 17 , 1985 meeting.
JKA/kms
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Local #320 Public Works Contract for 1985-86
DATE: December 13 , 1985
introduction
The Shakopee City Council, at its December 10 , 1985 meeting,
discussed contract settlements for 1985 and 1986 during its
executive session. It appears that we can settle the 1985-86
Local #320 Public Works agreement.
Proposed Settlement
Bob Weisenberger, Local #320 Rep, Joe Honnerman Union Steward
and I discussed our proposal for final settlement on Thursday
and Friday. It appears that we can have a contract with only
two slight alterations to the conditions we discussed at the
executive session. The City' s proposal was as follows:
1985 Settlement:
1 . Salaries - 5% increase.
� . Health, Life, L.T.D. benefits - $10 . 00 per month increase.
3 . Two additional pay periods ( total 4 pay periods ) for which
light equipment operators (LEO' S ) would be paid heavy equipment
operators (HEO' s ) hourly rate.
1986 Settlement:
1. Salaries - open and negotiable for 1986
2. Health, Life, L.T.D. benefits - open and negotiable for
1986
3 . Four pay periods for which LEO' S would be paid at the HEO
rate as in 1985 .
4. Uniform contribution - Three uniforms in, three uniforms
out and one on the shelf plus two jackets with the City
paying 75% of the monthly rental costs.
� . No other issues open for discussion.
The Union has agreed to all of these items with two minor excep-
tions . Those are an opening for discussion of Martin Luther
King Holiday in 1986 and an increase in the number of uniforms
which the City will supply the mechanic from 3 to 5 with the
City paying 750 of the cost. The City, if it agrees to a settlement
with these two adjustments , would simply be opening itself up
for "discussing and negotiating" over how it will handle Martin
Luther King Holiday during 1986 labor negotiations and would
would be paying approximately $1. 00 per week for 52 weeks or
$52 . 00 per year for the additional two uniforms for the mechanic.
Alternatives
i. Accept the proposal with the two minor adjustments for
1986 as counter proposed by Local #320 Public Works. The
City will be on solid ground even if discussions are opened
up for the holiday in 1986 if all metro municipalities
hold to their present claim that they are going to transfer
a holiday rather than create a new paid holiday. The cost
of the additional two uniforms for the mechanic, realisticly
reflect the number of uniforms he needs and is a small
cost to the City.
2. Do not accept the Union' s counter proposal. If Council
took this position there might still be time to resolve
this before the end of 1985 so that Local #320 Public Works
employees can be paid in 1985 .
3 . Counter Local #320 Public Works counter proposal with some
other proposal.
Recommendation
The City and the Union are extremely close on issues and I do
not believe that the two small items they requested in the proposed
1986 settlement have negatively affected the proposal Council
submitted. I recommend approval of a contract based upon the
conditions stated above. Council should have a proposed agreement
on the table with these conditions for its consideration on
Tuesday, December 18 , 1985 .
Action Requested
Authorize the appropriate City officials to enter into a contract
with Local #320 Public Works for 1985-1986 with the conditions
listed above incorporated in the contract.
JKA/jms
FROM:
CITY OF SHAKOPEE
TO: MN [}�
129 East First Ave., Shakopee,
Zip 55379. Ph ne (612) 445-3650
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ORIGINATOR KEEP PART 2 FOR FILE COPY
BY
O RMCC 847-3
DETACH AND FILE FOR FOLLOW— UP
LABOR AGrEEMENT
EEl�;'EEI�
THE CITY OF SHAKOPEE
AND
MINNESOTA TEAMSTERS
PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION
LOCAL NO. 320
Public Works
Effective January 1, 1985 through,-December 31, 1986
I N D E X
ARTICLE I. PURPOSE OF AGREEMENT 1
ARTICLE II. RECOGNITION 1
hP.TICLE III. DEFINITIONS 1
ARTICLE VI. EMPLOYER SECURITY 1
ARTICLE V. LMPLOYER AUTHORITY 3
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3
ARTICLE VII. UNION SECURITY 5
ARTICLE VIII. SAVINGS CLAUSE 5
ARTICLE IX. WORK SCHEDULE 5
ARTICLE X. OVERTIME 6
ARTICLE XI. C-UL BACK 6
ARTICLE XII. LEGAL DEFENSE 6
ARTICLE XIII. SUBCONTRACTING WORK 6
ARTICLE XIV. DISCIPLINE 6
ARTICLE XV. SENIORITY 6
ARTICLE XVI. PROBATIONARY PERIODS 7
ARTICLE XVII. SAFETY 7
ARTICLE XVIII. JOB POSTING 7
ARTICLE XIX. INSURANCE 7
ARTICLE XX. HOLIDAYS 8
ARTICLE XXI. VACATIONS 8
ARTICLE XXII. SICK LEAVE g
ARTICLE XXIII. SEVERANCE PAY 8
ARTICLE XXIV. INJURY ON DUTY 8
ARTICLE XXV. COVERALLS/UNIFORMS 8
ARTICLE XXVI. WAGES 9
ARTICLE XXVII. WAIVER 9
ARTICLE XXVIII. DURATION 9
APPENDIX A. 10
r ��t
LABOR AGREEMENT ( O
BETWEEN
THE CITY OF SHAKOPEE
AND
MINNESOTA TEAhSTERS PUBLIC AND LAW ENFORCEMENT
EMPLOYEES UNION, LOCAL NO. 320
ARTICLE I. PURPOSE OF AGREEMENT
This agreement is entered into between the City of Shakopee, hereinafter called the
Employer, and the Minnesota Teamster Public and Law Enforcement Employees Union,
Local No. 320, hereinafter called the Union, the intent and purpose of this
Agreement to:
1.1 Establish certain hours, wages and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this
Agreement' s interpretation and/or application;
1 .3 Specify the full and complete understanding of the parties, and;
1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
The Employer and the Union, through this Agreement, continue their dedication to the
highest quality of public service. Both parties recognize this Agreement as a
pledge of this dedication.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under
Minnesota Statutes, Section 179 .71, Subdivision 3, in an appropriate
bargaining unit consisting of the following job classifications:
Street Department Foreman
Mechanic
Equipment Operator I
Equipment Operator
Leadman—Park
Parkkeeper
Maintenance Man (Streets and Parks)
Laborer (as of Jan. 1, 1986)
ARTICLE III. DEFINITIONS
3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union,
Local No. 320.
1
3.2 EMPLOYER: The City of Shakopee
3.3 UNION MEMBER: A member cf the Minnesota Teamsters Public Public and Law
Enforcement Employees Lr.ion, Local No. 320.
.4 EMPLOYEE: A member of the exclusively recognized bargainin- unit.
3 .5 BASE PAY PATE: The employee's hourly pay rate exclusively of longevity or
any other special allowances.
3 .6 SE1ZIORITY: Length of continuous service with the Employer.
3.7 COMPENSATORY TIME: Time off the employee' s regularly scheduled work
schedule equal in time to overtime worked.
3.8 SEVERANCE PAY: Payment made to an employee upon honorable termination of
employment.
3.9 OVERTIME: Work perfomed at the express authorization of the Employer in
excess of either eight (8) hours within a twenty-four (24) hour period
(except for shift changes) or more than forty (40) hours within a seven (7)
day period.
3 .10 CALL BACK: Return of an employee to a specified work site to perform
assigned duties at the express authorization of the Employer at a time other
than an assigned shift. An extension of or early report to an assigned shift
is not a call back.
3 .11 STRIKE: Concerted action in failing to report for duty, the willful absence
from one' s position, the stoppage of work, slowdown, or abstinence in whole
or in part from the full, faithful and proper performance of the duties of
employment for the purposes of inducing, influencing or coercing a change in
the conditions or compensation or the rights, privileges or obligations of
employment.
ARTICLE IV. EMPLOYER SECURITY
4.1 The union agrees that during the life of this Agreement, it will not cause,
encourage, participate in or support any strike, slow-down or other
interruption of or interference with, the normal functions of the Employer.
4.2 Any employee who engages in a strike may have have his/her appointment
terminated by the Employer effective the date the violation first occurs.
Such termination shall be effective upon written notice served upon the
employee.
4.3 An employee who is absent from any portion of his work assignment without
permission, or who abstain wholly or in part from the full performance of his
duties without permission from his Employer on the date or dates when a
strike occurs is prima facie presumed to have engaged in a strike on such date
or dates.
4.4 An employee who knowingly strikes and whose employment has been terminated
for such action may, subsequent to such violation, be appointed or
reappointed or employed, or re-employed, but the employee shall be on
probation for two years with respect to such civil service status, tenure of
employment, or contract of employment, as he/she may have theretofore been
entitled.
2
4.5 Ivo employee shall be entitled to any daily pay, wages or per diem for the days
on which he/she engaged in a strike.
ARTICLE IV. EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage
all manpower, facilities and equipment; to establish functions and
programs ; to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational structive; to
select, direct and determine the number of personnel ; to establish work
schedules and to preform any inherent managerial function not specifically
limited by this Agreement.
5.2 Any term and condition of employment not specifically estabished or modified
by this Agreement shall remain solely withih the discretion of the Employer
to modify, establish or eliminate.
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
6.1 Definition of a Grievance. A grievance is defined as a dispute or
disagreement as to the interpretation or application of the specific terms
and conditions of this agreement.
6.2 Union Representatives. The Employer will recognize Representatives
designated by the Union as the grievance representatives of the bargaining
unit having the duties and responsibilities established by this Article.
The Union shall notify the Employer, in writing, of the names of such Union
Representatives and of their successors when so designated.
6.3 Processing of a Grievance. It is recognized and accepted by the Union and
the Employer that the processing of grievances as hereinafter provided, is
limited by the job duties and responsibilities of the employees and shall
therefore be accomplished during normal working hours only when consitent
with such employee duties and responsibilities. The aggrieved employee and
a Union representative shall be allowed a reasonable amount of time without
loss in pay when a grievance is investigated and presented to the Employer
during normal working hours provided that the employee and the Union
representative have notified and received the approval of the designated
supervisor, who has determined that such absence is reasonable and would not
be detrimental to the work programs of the Employer.
6.4 Procedure. Grievances, as defined by Section 7.1, shall be resolved in
conformance with the following procedure:
Step 1. An employee claiming a violation concerning the interpretation or
application of this Agreement shall, within twenty-one (21) calendar days
after such alleged violation has occurred, present such grievance to the
employee's supervisor as designated by the Employer. The Employer-
designated representative will discuss and give an answer to such Step 1
grievance within ten (10) calendar days after receipt. A grievance not
resolved in Step 1 and appealed by Step 2 shall be placed in writing, setting
forth the nature of the grievance, the facts on which it is based, the
provision or provisions of the Agreement allegedly violated, the remedy
requested and shall be appealed to Step 2 within ten (10) calendar days after
the Employer-designated representative's final answer in Step 1. Any
grievance not appealed in writing to Step 2 by the Union, within ten (10)
calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union
3
and discussed with the Employer-designated Step 2 representative. The
Employer-designated representative shall give the Union the Employer's Step
2 answer in writing within ten (10) calendar days after receipt of such Step
grievance. A grievance not resolved in Step 2 may be appealed to Step 3
within teu (? 0) calendar days following the Employer-designated
representative' s final Step 2 answer. Any grievance not appealed in
writing to Step 3 by the Union within ten (10) calendar days shall be
considered waived.
Step 3 . If appealed, the written grievance shall be presented by the Union
and discussed with the Employer-designated Step 3 representative. The
Employer-designated representative shall give the Union the Employer' s
answer in writing within ten (10) calendar after receipt of such Step 3
grievance. A grievance not resolved in Step 3 may be appealed to Step 4
within ten (10) calendar days following the Employer-designated
representative' s final answer in Step 3. Any grievance not appealed in
writing to Step 4 by the Union within ten (10) calendar days shall be
considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union
shall be submitted to arbitration, subject to the provisions of the Public
Lmployment Labor Relations Act of 1971, as amended. The selection of an
arbitrator shall be made in accordance with the 'Rules Governing the
Arbitration of Grievances' , as established by the Public Employment
Relations Board.
6.5 Arbitrator's Authority
A. The arbitrator shall have no right to amend, modify, nullify, ignore,
add to or subtract from, the terms and conditions of this Agreement. The
arbitrator shall consider and decide only the specific issue(s) submitted in
writing by the Employer and the Union and shall have no authority to make a
decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or
1 inconsistent with, or modifying or varying in any way the application of
laws, rules or regulations having the force and effect of law. The
Arbitrator's decision shal l be submitted in writing within thirty (30) days
following close of the hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an extension. The decision
shall be binding on both the Employer and the Union and shall be based solely
on the arbitrator's interpretation of application of the express terms of
this Agreement and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the Employer and the Union, providing that each
party shall be responsible for compensating its own representatives and
witnesses. If either party desires a verbatim record of the proceedings, it
may cause such a record to be made, providing it pays for the record. If both
parties desire a verbatim record of the proceedings, the cost shall be shared
equally.
6.6 Waiver. If a grievance is not presented within the time limits set forth
above, it shall be considered 'waived' . If a grievance is not appealed to
the next step within the specified time limit or any agreed extension
thereof, it shall be considered settled on the basis of the Employer' s last
answer. If the Employer does not answer a grievance or an appeal thereof,
within the specified time limits, the Union may elect to treat the grievance
to the next step. The time limit in each step may be extended by mutual
written agreement of the Employer and the Union.
to 0
6.7 Choice of Remedy. If, as a result of the written Employer response in Step
3, the grievance remains unresolved and if the grievance involves the
suspension, demotion, or discharge of an employee who has completed the
required probationary period, the grievance mai be appealed to either Step 4
or Lrticle VII or a procedure such as: Civil Service, Veteran' s Preference
or Fair Employment. If appealed to any procedure other than Step 4 or
Article VII, the grievance is not subject to the arbitration procedure as
provided in Step 4 of Article V11.
The aggrieved employee shall indicate in writing which procedure is to be
utililized, Step 4 of Article VIZ or another appeal procedure, and signs a
statement to the effect that the choice of any other hearing precludes the
aggrieved employee from making a subsequent appeal through Step 4 of Article
VII.
ARTICLE V11. UNION SECURITY
In recognition of the Union as the exclusive representative, the Employer shall:
7 .1 Deduct each payroll period an amount sufficient to provide the payment of
dues established by the Union from the wages of all employee authorizing in
writing such deduction, or a "fair share" deduction, as provided in
Minnesota State Statute 179.65, Subd. 2, if the employee elects not to become
a member of the Union.
7.2 Remit such deduction to the appropriate designated officer of the Union.
7.3 The Unionmay designate certain employees from the bargaining unit to act as
stewards and shall inform the Employer in writing of such choice.
7.4 The Union agrees to indemnify and hold the Employer harmless against any and
all claims, suits, orders, or judgments brought or issued against the
Employer as a result of any action taken or not taken by the Employer under
the provisions of this Article.
ARTICLE VIII. SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota
and the City of Shakopee. In the event any provision of this Agreement shall be held
to be contrary to law by a court of competent jurisdiction f rom whose final judgment
or decree no appeal has been taken within the time provided, such provisions shall be
voided. All other provisions of this Agreement shall continue in full force and
effect. The voided provision may be re-negotiated at the written request of either
party.
ARTICLE IX. WORK SCHEDULES
9.1 The sole authority in work schedules is the Employer. The normal work day
for an employee shall be eight (8) hours. The normal work week shall be
forty (40) hours, Monday through Friday.
9.2 Service to the public may require the establishment of regular shifts for
some employees on a daily, weekly, seasonal, or annual basis other than the
normal 7:30 - 4:00 day. The Employer will give advance notice to the
employees affected by the establishment of work days different from the
employee' s normal eight (8) hour work day.
9.3 In the event that work is required because of unusual circumstances such as
(but not limited to) fire, flood, snow, sleet, or breakdown of municipal
equipment or facilities, no advance notice need be given. It is not,
required that an employee working other than the normal work day be scheduled
to work more than eight (8) hours; however, each employee has an obligation
to work overtime or call backs if requested unless circumstances prevent him
from so working.
9.4 Service to the public nLy require the establishment or regular work weeks
that schedule work on Saturdays and/or Sundays.
ARTICLE X. OVERTIME PAY
10.1 Overtime, as defined in 3.9 will be compensated at the rate of time and one-
half (1-1/2) and will be paid in cash or in compensatory time off, as
determined by the City Administrator.
10.2 Overtime will be distributed in accordance with the Shakopee Public Works
Department Policy as approved by the City Administrator. Such policy will
not be changed without prior notification of the Union steward.
10.3 Overtime refused by employees will for record purposes under Article 10.2 be
considered as unpaid overtime worked.
10.4 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours worked.
10.5 The employee will be compensated at the rate of time and one-half (1-1/2).
ARTICLE XI. CALL BACK
An employee called in for work at a time other than his normal scheduled shift will be
compensated for aminimum of two (2) hours at the rate of time and one-half and will
be paid in cash or in compensatory time-off, as determined by the City
Administrator.
ARTICLE XII. LEGAL DEFENSE
12.1 Employees involved in litigation because of negligence, ignorance of laws,
non-observance of laws, or as a result of employee judgmental decision may
not receive legal defense by the municipality.
12.2 Any employee who is charged with a traffic violation, ordinance violation or
criminal offense arising from acts performed within the scope of his
employment, when such act is performed in good faith and under direct order
of his supervisor, shall be reimbursed for reasonable attorney's fees and
court costs actually incurred by such employee in defending against such
charge.
ARTICLE XIII. SUBCONTRACTING WORK
Nothing is this Agreement shall prohibit or restrict the right of the Employer from
subcontracting work performed by employees covered by this Agreement.
ARTICLE XIV. DISCIPLINE
The Employer will discipline employees only for just cause.
ARTICLE XV. SENIORITY
Seniority will be the determining criterion for transfers, promotions and lay-offs
only when all other qualification factors are equal.
ARTICLE XVI. PROBATIONARY PERIODS
16.1 All newly hired or rehired employees will serve a six (6) month
probationary period.
16.2 Laborers (street and parks ) will serve a one (1) year probationary period
from date of hire. After one (1) year, they will move into the job
classification of Maintenance ran (street and parks) and serve a
probationary period as per Section 16.3 .
16.3 All employees will serve a six (6) months' probationary period in any
classification in which the employee has not served a probationary period.
16.4 At any time during the probationary a newly hired or rehired employee may be
terminated at the sole discretion of the Employer.
16.5 At any time during the probationary period a promoted or reassigned employee
may be demoted or reassigned to the employee' s previous position at the sole
discretion of the Employer.
ARTICLE XVII. SAFETY
The Employer and the Union agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage employees to work in a
safe manner.
ARTICLE XVIII. JOB POSTING
18.1 The Employer and the Union agree that permanent job vacancies within the
designated bargaining unit shall be f illed based on the concept of promotion
from within provided the applicants:
a. Have the necessary qualifications to meet the standards of the job
vacancy; and
b. Have the ability to perform the duties and responsibilities of the job
vacancy.
18.2 Employees filling a higher job class based on the provisions of this Article
shall be subject to the conditions of Article XVI. Probationary Periods.
18.3 The Employer has the right to final decision in the selection of employees to
fill posted jobs based on qualifications, abilities, and experience.
18.4 Job vacancies within the designated bargaining unit will be posted for five
(5) working days so that members of the bargaining unit can be considered for
such vacancies.
ARTICLE XIX. INSURANCE
The employer shall pay a maximum of Two hundred five dollars ($205.00) per month
toward the cost of medical, life and long-term disability insurancetor the employee
and his dependents for 1985.
7
ARTICLE YX. HOLIDAYS
The Employer will provide the following ten (10) paid holidays:
January 1 1st Monday in September
3rd Monday in February 2nd Monday in October
Friday before Easter Veteran' s Day, Novemeber 11th
Last Monday iu May 4th Thursday in November
July 4th December 25th
In addition to the above 10 paid holidays, each employee may take one floating
holiday to be taken at the request of the employee and approved by the Employer.
Said floatin? holiday is to be taken as a holiday during the current year and cannot
be carried over to the next year.
ARTICLE YaI. VACATIONS
Vacation leave shall be earned by the employee at the following rate:
0 - 5 years of employment 10 days
6 - 15 years of employment 15 days
16 - 20 years of employment 20 days
21 & over years of employment 1 additional day per year up to 25 days at 25
years
No more than the amount of vacation leave earned in a calendar year can be carried
beyond December 31st into a new calendar year, except in emergencies and exceptional
cases to be determined by the City Administrator. An employee who is separated for
any reason shall be paid for any accumulated vacation leave, provided however, that
should an employee resign without giving two (2) weeks written notice, and except
for reasons of ill health, he shall forfeit his right to all accumulated vacation
leave.
ARTICLE XXIII. SICK LEAVE
The employee shall accumulate sick leave at the rate of one (1) day permonth. Sick
leave may accrue at the rate of twelve (12) days per year to a maximum of 100 days.
ARTICLE XXIII. SEVERANCE PAY
An employee who was a full time employee of the City before January 1, 1980 or who
has completed five (5) full years of full time employment with the City of Shakopee
and who is separated from his position be retirement, discharge, or resignation
shall receive a lump sum payment, an amount to equal one-third .the value of all
accumulated sick leave calculated on the basis of his current salary or wage scale,
provided that should any employee resign without giving two weeks written notice,
except for reasons of ill health, he shall forfeit this right to all accumulated sick
leave.
ARTICLE XXIV. INJURY ON DUTY
Employees injured on duty, through no fault of the employee, shall be paid the
difference between the employee's regular rate of pay and any worker's compensation
benefits for a period not to exceed twenty-five (25) working days, in accordance
with guidelines set forth in M.S. 176.021 Subd. 5.
ARTICLE XXV. COVERALLS/UNIFORHS
The City of Shakopee shall provide one (1) set of coveralls as needed for each Street
and Park employee as determined by the City Administrator.
8
Ion
Effective January 1, 1986 the City of Shakopee will pay 75% of the cost of weekly
unif orm rental for three (3) uniforms in, three (3) out, one (1) on the shelf and two
(2) jackets.
Effective January 1, 1986 the City of Shakopee will 75b of the cost of weekly uniform
rental for five (5) uniforms in, five (5) out, one (1) on the shelf, and two (2)
jackets for the City Mechanic.
ARTICLE XXVI. WAGES
See Appendix A.
ARTICLE MI. WAIVER
27.1 Any and all prior agreements, resolution, practices, policies, rules and
regulations regarding terms and conditions of employment, to the extent
inconsistent with the provisions of this Agreement, are hereby superseded.
27.2 The parties mutually acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to
make demands and purposals with respect to any term or condition of
employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employer and
the Union each voluntarily and unqualifiedly waives the right to meet and
negotiate regarding any and all terms and conditions of employment referred
to or covered in this Agreement or with respect to any terms or conditions of
employment not specifically referred to or covered by this Agreement, even
though such terms or conditions may not have been within the knowledge or
contemplations of either both parties at the time this contract was
negotiated or executed.
ARTICLE %XVIII. DURATION
This Agreement shall be effective as January 1, 1985 and shall remain in full force
and effect until December 31, 1986.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of , 1985.
FOR CITY OF SHAKOPEE, MINNESOTA FOR MINNESOTA TEAMSTERS PUBLIC AND LAW
ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320
9
APPEKDIX A
Salary and Benefit Schedule for Local No. 320 for 1985
1985 PAY SCHEDULE
Street Foran $12.40 per hour
Mechanic 11.89 per hour after 36 months
10.£2 per hour after 24 months
9.74 per hour after 12 months
9.20 per hour to start
Pari: Leadman 11.69 per hour
Heavy Equipment Operator* 11.67 per hour after 12 months
11.37 per hour to start
Light Equipment Operator/Parkkeeper 11 .21 per hour after 36 months
10.14 per hour after 24 months
9.07 per hour after 12 months
8.53 per hour to start
Laborer_** 9.19 per hour after 36 months
8.27 per hour after 24 months
7.35 per hour after 12 months
6.89 to start
In addition, all six (6) personnel with Light Equipment Opera tor/Parkkeeper
classifications will be paid at the Heavy Equipment Operator rate of $11.67/hr. for
the last four pay periods in 1985 and at the rate established in 1986, in recognition
of their periodic assignment to operate such equipment during the year.
*Two positions are authorized and are filled by a "senior qualified" Light Equipment
Operator or Parkkeeper after that person has successfully completed skills testing
administered by operators from adjoining cities.
** The Laborer is a new classificationwith rates effective January 1, 1986 through
December 31, 1986.
The uniform allowances and last four pay period pay differential provisions are
excluded from further negotiations for 1986.
OVERTIME POLICY ARTICLE 10.2
Shakopee Public Works Department Policy - approved December 15, 1981 by the City
Administrator and effective for contract period.
Overtime shall be distributed as equally as practical by an established seniority
list for the department used as a rotating ovetime call list. Overtime refused by
an employer will, for record purposes, be considered as unpaid overtime work. No
prior notice is required for overtime because much of it is of a "call out" nature
requiring immediate response.
Employees contacted under the above policy to work overtime, but refusing it because
of illness, will not be recorded as having worked. Also, employees who would be
contacted but are on vacation will not be recorded as having worked when called for
overtime work.
10
:.AEOF. AGF.EEPWP;T
EE: EI;
THE CITY OF SH1u:OPEE
AND
MINNESOTA TEAMSTERS
PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION
LOCAL NO. 320
Public Works
Effective January 1, 1985 through-December 31, 1986
I N D E X
ARTICLE I. PURPOSE OF AGREEMENT 1
ARTICLE II. RECOGNITION 1
ARTICLE III. DEFINITIONS 1
ARTICLE VI. EMPLOYER SECURITY 2
ARTICLE V. EMPLOYER AUTHORITY 3
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3
ARTICLE VII. UNION SECURITY 5 "
ARTICLE VIII. SAVINGS CLAUSE 5
ARTICLE IX. WORK SCHEDULE 5
ARTICLE X. OVERTIME 6
ARTICLE XI. CALL BACK 6
ARTICLE XII. LEGAL DEFENSE 6
ARTICLE XIII. SUBCONTRACTING WORK 6
ARTICLE XIV. DISCIPLINE 6
ARTICLE XV. SENIORITY 6
ARTICLE XVI. PROBATIONARY PERIODS 7
ARTICLE XVII. SAFETY 1 7
ARTICLE XVIII. JOB POSTING 7
ARTICLE XIX. INSURANCE 7
ARTICLE XX. HOLIDAYS 8
ARTICLE XXI. VACATIONS g
ARTICLE XXII. SICK LEAVE g
ARTICLE XXIII. SEVERANCE PAY 8
ARTICLE XXIV. INJURY ON DUTY 8
ARTICLE XXV. COVERALLS/UNIFORMS 8
ARTICLE XXVI. WAGES 9
ARTICLE XXVII. WAIVER 9
ARTICLE XXVIII. DURATION 9
APPENDIX A. 10
T v
LABOR AGREEMENT
BETWEEN
TFE CITY OF SHAI:OPEE
AND
MINNESOTA TEAI:STERS PUBLIC AND LAW ENFORCEMENT
EMPLOYEES UNION, LOCAL NO. 320
ARTICLE I. PURPOSE OF AGREEMENT
This agreement is entered into between the City of Shakopef., hereinafter called the
Employer, and the Minnesota Teamster Public and Law Enforcement Employees Union,
Local No. 320, hereinafter called the Union, the intent and purpose of this
Agreement to:
1.1 Establish certain hours, wages and other conditions of employment;
1 .2 Establish procedures for the resolution of disputes concerning this
Agreement' s interpretation and/or application;
1 .3 Specify the full and complete understanding of the parties, and;
1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
The Employer and the Union, through this Agreement, continue their dedication to the
highest quality of public service. Both parties recognize this Agreement as a
pledge of this dedication.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under
Minnesota Statutes, Section 179 .71, Subdivision 3, in an appropriate
bargaining unit consisting of the following job classifications:
Street Department Foreman
Mechanic
Equipment Operator I
Equipment Operator
Leadman-Park
Parkkeeper
Maintenance Man (Streets and Parks)
Laborer (as of Jan. 1, 1986)
ARTICLE III. DEFINITIONS
3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union,
Local No. 320.
1
3.2 EMPLOYER: The City of Shakopee
3.3 UNION MEMBER: A member of the Minnesota Teamsters Public Public and Law
Enforcement Employees Union, Local Lo. 320.
3 .4 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3 .5 BASE PAY RATE: The employee' s hourly pay rate exclusively of longevity or
any other special allowances.
3 .6 SENIORITY: Length of continuous service with the Employer.
3.7 CO11PENF'ATCRY TIML: Time off the employee's regularly scheduled work
schedule equal in time to overtime worked.
3.8 SEVERANCE PAY: Payment made to an employee upon honorable termination of
employment.
3.9 OVERTIME: Work perfomed at the express authorization of the Employer in
excess of either eight (8) hours within a twenty-four (24) hour period
(except for shift changes) or more than forty (40) hours within a seven (7)
day period.
3.10 CALL BACK: Return of an employee to a specified work site to perform
assigned duties at the express authorization of the Employer at a time other
than an assigned shift. An extension of or early report to an assigned shift
is not a call back.
3 .11 STRIKE: Concerted action in failing to report for duty, the willful absence
from one' s position, the stoppage of work, slowdown, or abstinence in whole
or in part from the full, faithful and proper performance of the duties of
employment for the purposes of inducing, influencing or coercing a change in
the conditions or compensation or the rights, privileges or obligations of
employment.
ARTICLE IV. EMPLOYER SECURITY
4.1 The union agrees that during the life of this Agreement, it will not cause,
encourage, participate in or support any strike, slow-down or other
interruption of or interference with, the normal functions of the Employer.
4.2 Any employee who engages in a strike may have have his/her appointment
terminated by the Employer effective the date the violation first occurs.
Such termination shall be effective upon written notice served upon the
employee.
4.3 An employee who is absent from any portion of his work assignment without
permission, or who abstain wholly or in part from the full performance of his
duties without permission from his Employer on the date or dates when a
strike occurs is prima facie presumed to have engaged in a strike on such date
or dates.
4.4 An employee who knowingly strikes and whose employment has been terminated
for such action may, subsequent to such violation, be appointed or
reappointed or employed, or re-employed, but the employee shall be on
probation for two years with respect to such civil service status, tenure of
employment, or contract of employment, as he/she may have theretofore been
entitled.
2
10
4.5: No employee shall be entitled to any daily pay, wages or per diem for the days
on which he/she engaged in a strike.
ARTICLE ICLE IV. EMPLOYER AUTH ORI i`Y
5.1 The Employer retains the full and unrestricted right to operate and manage
all manpower, facilities and equipment; to establish functions and
Programs ; to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational structive; to
select, direct and determine the number of personnel ; to establish work
schedules and to preform any inherent managerial function not specifically
limited by this Agreement.
5.2 Any term and condition of employment not specifically estabished or modified
by this Agreement shall remain solely withih the discretion of the Employer
to modify, establish or eliminate.
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
6.1 Definition of a Grievance. A grievance is defined as a dispute or
disagreement as to the interpretation or application of the specific terms
and conditions of this agreement.
6.2 Union Representatives. The Employer will recognize Representatives
designated by the Union as the grievance representatives of the bargaining
unit having the duties and responsibilities established by this Article.
The Union shall notify the Employer, in writing, of the names of such Union
Representatives and of their successors when so designated.
6.3 Processing of a Grievance. It is recognized and accepted by the Union and
the Employer that the processing of grievances as hereinafter provided, is
limited by the job duties and responsibilities of the employees and shall
therefore be accomplished during normal working hours only when consitent
with such employee duties and responsibilities. The aggrieved employee and
a Union representative shall be allowed a reasonable amount of time without
loss in pay when a grievance is investigated and presented to the Employer
during normal working hours provided that the employee and the Union
representative have notified and received the approval of the designated
supervisor, who has determined that such absence is reasonable and would not
be detrimental to the work programs of the Employer.
6.4 Procedure. Grievances, as defined by Section 7.1, shall be resolved in
conformance with the following procedure:
Step 1. An employee claiming a violation concerning the interpretation or
application of this Agreement shall, within twenty-one (21) calendar days
after such alleged violation has occurred, present such grievance to the
employee' s supervisor as designated by the Employer. The Employer-
designated representative will discuss and give an answer to such Step 1
grievance within ten (10) calendar days after receipt. A grievance not
resolved in Step 1 and appealed by Step 2 shall be placed in writing, setting
forth the nature of the grievance, the facts on which it is based, the
provision or provisions of the Agreement allegedly violated, the remedy
requested and shall be appealed to Step 2 within ten (10) calendar days after
the Employer-designated representative's final answer in Step 1. Any
grievance not appealed in writing to Step 2 by the Union, within ten (10)
calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union
3
and discussed with the Employer-designated Step 2 representative. The
Employer-designated representative shall give the Union the Employer's Step
2 answer in writing within ten (10) calendar days after receipt of such Step
grievance. A grievance not resolved in Step 2 may be appealed to Step 3
within ten (10) calendar days following the Lmplover-desicnated
representative' s final Step 2 answer. Any grievance not appealed in
writing to Step 3 by the Union within ten (10) calennar days shall be
considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union
and discussed with the Employer-designated Step 3 representative. The
Employer-designated representative shall give the Union the Employer' e
answer in [,-r wing within ten (10) calendar after receipt cf such Step 3
grievance. A grievance not resolved in Step 3 may be appealed to Step 4
within ten (10 calendar days following the Employer-designated
representative' s final answer in Step 3. Any gr .evance not appealed in
writing to Step 4 by the Union within ten (10) calendar days shall be
considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union
shall be submitted to arbitration, subject to the provisions of the Public
Employment Labor Relations Act of 1971, as amended. The selection of an
arbitrator shall be made in accordance with the 'Rules Governing the
Arbitration of Grievances' , as establishes' by the Public Employment
Relations Board.
6.5 Arbitrator's Authority
A. The arbitrator shall have no right to amend, modify, nullify, ignore,
add to or subtract from, the terms and conditions of this Agreement. The
arbitrator shall consider and decide only the specific issue(s) submitted in
writing by the Employer and the Union and shall have no authority to make a
decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of
laws, rules or regulations having the force and effect of law. The
Arbitrator's decision shall be submitted in writing within thirty (30) days
following close of the hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an extension. The decision
shall be binding on both the Employer and the Union and shall be based solely
on the arbitrator's interpretation of application of the express terms of
this Agreement and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the Employer and the Union, providing that each
party shall be responsible for compensating its own representatives and
witnesses. If either party desires a verbatim record of the proceedings, it
may cause such a record to be made, providing it pays for the record. If both
parties desire a verbatim record of the proceedings, the cost shall be shared
equally.
6.6 Waiver. If a grievance is not presented within the time limits set forth
above, it shall be considered 'waived' . If a grievance is not appealed to
the next step within the specified time limit or any agreed extension
thereof, it shall be considered settled on the basis of the Employer' s last
answer. If the Employer does not answer a grievance or an appeal thereof,
within the specified time limits, the Union may elect to treat the grievance
to the next step. The time limit in each step may be extended by mutual
written agreement of the Employer and the Union.
6.7 Choice of Remedy. If, as a result of the written Employer response in Step
3, the grievance remains unresolved and if the grievance involves the
suspension, demotion, or discharge of an employee who has completed the
required probationary period, the grievance may be appealed to either Step 4
or Article VII or a procedure such as: Civil Service, Veteran' s Preference
or Fair Employment. If appealed to any procedure other than Step 4 or
Article VII, the grievance is not subject to the arbitration procedure as
provided in Step 4 of Article VII.
The aggrieved employee shall indicate in writing which procedure is to be
utililized, Step 4 of Article VII or another appeal procedure, and signs a
statement to the effect that the choice of any other hearing precludes the
aggrieved employee from making a subsequent appeal through Step 4 of Article
VII.
ARTICLE Vll. UNION SECURITY
In recognition of the Union as the exclusive representative, the Employer shall:
7.1 Deduct each payroll period an amount.sufficient to provide the payment of
dues established by the Union from the wages of all employee authorizing in
writing such deduction, or a "fair share" deduction, as provided in
Minnesota State Statute 179.65, Subd. 2, if the employee elects not to become
a member of the Union.
7.2 Remit such deduction to the appropriate designated officer of the Union.
7.3 The Unionmay designate certain employees from the bargaining unit to act as
stewards and shall inform the Employer in writing of such choice.
7.4 The Union agrees to indemnify and hold the Employer harmless against any and
all claims, suits, orders, or judgments brought or issued against the
Employer as a result of any action taken or not taken by the Employer under
the provisions of this Article.
ARTICLE VIII. SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota
and the City of Shakopee. In the event any provision of this Agreement shall be held
to be contrary to law by a court of competent jurisdiction fromwhose final judgment
or decree no appeal has been taken within the time provided, such provisions shall be
voided. All other provisions of this Agreement shall continue in full force and
effect. The voided provision may be re—negotiated at the written request of either
party.
ARTICLE I%. WORK SCHEDULES
9.1 The sole authority in work schedules is the Employer. The normal work day
for an employee shall be eight (8) hours. The normal work week shall be
forty (40) hours, Monday through Friday.
9.2 Service to the public may require the establishment of regular shifts for
some employees on a daily, weekly, seasonal, or annual basis other than the
normal 7:30 — 4:00 day. The Employer will give advance notice to the
employees affected by the establishment of work days different from the
employee's normal eight (8) hour work day.
9.3 In the event that work is required because of unusual circumstances such as
(but not limited to) fire, flood, snow, sleet, or breakdown of municipal
e
equipment or facilities, no advance notice need be giver.. It is not
required that an employee working other than the normal work day be scheduled
to work more than eight (8) hours; however, each employee has an obligation
to work overtime or call backs if requested unless circumstances prevent him
from so working.
9.4 Service to the public may require the establishment or regular wort; weeks
that schedule work on Saturdays and/or Sundays.
ARTICLE X. OVERTIME PAX
10.1 Overtime, as defined in 3.9 will be compensated at the rate of time and one-
half (1-1/2) and will be paid in cash or in compensatory time off, as
determined by the City Administrator.
10.2 Overtime will be distributed in accordance with the Shakopee Public Works
Department Policy as approved by the City Administrator. Such policy will
not be changed without prior notification of the Union steward.
10.3 Overtime refused by employees will for record purposes under Article 10.2 be
considered as unpaid overtime worked.
10.4 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours worked.
10.5 The employee will be compensated at the rate of time and one-half (1-1/2).
ARTICLE XI. CALL BACK
An employee called in for work at a time other than his normal scheduled shift will be
compensated for a minimum of two (2) hours at the rate of time and one-half and will
be paid in cash or in compensatory time-off, as determined by the City
Administrator.
ARTICLE XII. LEGAL DEFENSE
12.1 Employees involved in litigation because of negligence, ignorance of laws,
non-observance of laws, or as a result of employee judgmental decision may
not receive legal defense by the municipality.
12.2 Any employee who is charged with a traffic violation, ordinance violation or
criminal offense arising from acts performed within the scope of his
employment, when such act is performed in good faith and under direct order
of his supervisor, shall be reimbursed for reasonable attorney's fees and
court costs actually incurred by such employee in defending against such
charge.
ARTICLE XIII. SUBCONTRACTING WORK
Nothing is this Agreement shall prohibit or restrict the right of the Employer from
subcontracting work performed by employees covered by this Agreement.
ARTICLE XIV. DISCIPLINE
The Employer will discipline employees only for just cause.
ARTICLE XV. SENIORITY
Seniority will be the determining criterion for transfers, promotions and lay-offs
only when all other qualification factors are equal.
100
ARTICLE XVI. PROBATIONARY PERIODS
16.1 All newly hired or rehired employees will serve a six (6) month
probationary period.
16 .2 Laborers (street and parks) will serve a one (1) year probationary period
from date of hire. After one (1) year, they will move into the job
classification of Piaintenance Tian (street and parks) and serve a
probationary period as per Section 16.3.
16.3 All employees will serve a six (6) months' probationary period in any
classification in which the employee has not served a probationary period.
16.4 At any time during the probationary a newly hired or rehired employee may be
terminated at the sole discretion of the Employer.
16.5 At any time during the probationary period a promoted or reassigned employee
may be demoted or reassigned to the employee's previous position at the sole
discretion of the Employer.
ARTICLE XVII. SAFETY
The Employer and the Union agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage employees to work in a
safe manner.
ARTICLE XVIII. JOB POSTING
18.1 The Employer and the Union agree that permanent job vacancies within the
designated bargaining unit shall be f filled based on the concept of promotion
from within provided the applicants:
a. Have the necessary qualifications to meet the standards of the job
vacancy; and
b. Have the ability to perform the duties and responsibilities of the job
vacancy.
18.2 Employees filling a higher job class based on the provisions of this Article
shall be subject to the conditions of Article XVI. Probationary Periods.
18.3 The Employer has the right to f inal decision in the selection of employees to
fill posted jobs based on qualifications, abilities, and experience.
18.4 Job vacancies within the designated bargaining unit will be posted for five
(5) working days so that members of the bargaining unit can be considered for
such vacancies.
ARTICLE XIX. INSURANCE
The employer shall pay a maximum of Two hundred five dollars ($205.00) per month
toward the cost of medical, life and long-term disability insurancelfor the employee
and his dependents for 1985.
7
ARTICLE XX. HOLIDEYS
The Employer will provide the following ter. (10) paid holidays:
January 1 1st Monday in September
3rd Monday in February 2nd Monday in October
Friday before Easter Veteran's Day, Povemeber 11th
Last Monday in May 4th Thursday in November
July 4:h December 25th
In addition to the ebove 10 paid holidays, each employee may take one floating
holiday to be taken at the request of the employee and approved by the Employer.
Said floating holiday is to be taken as a holiday during the current year and cannot
be carried over to the next year.
ARTICLE XXI. VACATIONS
Vacation leave shall be earned by the employee at the following rate:
0 - 5 years of employment 10 days
6 - 15 years of employment 15 days
16 - 20 years of employment 20 drys
21 & over years of employment 1 additional day per year up to 25 days at 25
years
No more than the amount of vacation leave earned in a calendar year can be carried
beyond December 3lst into a new calendar year, except in emergencies and exceptional
cases to be determined by the City Administrator. An employee who is separated for
any reason shall be paid for any accumulated vacation leave, provided however, that
should an employee resign without giving two (2) weeks written notice, and except
for reasons of ill health, he shall forfeit his right to all accumulated vacation
leave.
ARTICLE XXIII. SICK LEAVE
The employee shall accumulate sick leave at the rate of one (1) day per month. Sick
leave may accrue at the rate of twelve (12) days per year to a maximum of 100 days.
ARTICLE XXIII. SEVERANCE PAY
An employee who was a full time employee of the City before January 1, 1980 or who
has completed five (5) full years of full time employment with the City of Shakopee
and who is separated from his position be retirement, discharge, or resignation
shall receive a lump sum payment, an amount to equal one-third .the value of all
accumulated sick leave calculated on the basis of his current salary or wage scale,
provided that should any employee resign without giving two weeks written notice,
except for reasons of ill health, he shall forfeit this right to all accumulated sick
leave.
ARTICLE XXIV. INJURY ON DUTY
Employees injured on duty, through no fault of the employee, shall be paid the
difference between the employee's regular rate of pay and any worker's compensation
benefits for a period not to exceed twenty-five (25) working days, in accordance
with guidelines set forth in M.S. 176.021 Subd. 5.
ARTICLE XXV. COVERALLS/UNIFORMS
The City of Shakopee shall provide one (1) set of coveralls as needed for each Street
and Park employee as determined by the City Administrator.
8
Effective January 1, 1986 the City of Shakopee will pay 75% of the cost of weekly 16
uniform rental for three (3) uniforms in, three (3) out, one (1) on the shelf and two
(2) jackets.
Effective January 1, 1986 the City of Shakopee will 75%' of the cost of weekly uniform
rental for five (5) uniforms in, five (5) out, one (1) on the shelf, and two (2)
jackets for the City N,echanic.
ALTICLE l:lfiI. WAGES
See Appendix A.
ARTICLE 1.XVI. WAIVER
27 .1 Any and all prior agreements, resolution, practices, policies, rules and
regulations regarding terms and conditions of employment, to the extent
inconsistent with the provisions of this Agreement, are hereby superceded.
27.2 The parties mutually acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to
make demands and purposals with respect to any term or condition of
employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employer and
the Union each voluntarily and unqualifiedly waives the right to meet and
negotiate regarding any and all terms and conditions of employment referred
to or covered in this Agreement or with respect to any terms or conditions of
employment not specifically referred to or covered by this Agreement, even
though such terms or conditions may not have been within the knowledge or
contemplations of either both parties at the time this contract was
negotiated or executed.
ARTICLE XXVIII. DURATION
This Agreement shall be effective as January 1, 1985 and shall remain in full force
and effect until December 31, 1986.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of , 1985.
FOR CITY OF SHAKOPEE, MINNESOTA FOR MINNESOTA TEAMSTERS PUBLIC AND LAW
ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320
9
APPENDIX A
Salary and benefit Schedule for Local No. 320 for 1985
1985 PAY SCHEDULE
Street Foreman $12.40 per hour
t:echanic 11.89 per hour after 36 months
10.82 per hour after 24 months
9.74 per hour after 12 months
9 .20 per hour to start
Parr; 1,eadman 11 .69 per hour
Heavy Equipment Operator* 11 .67 per hour after 12 months
11 .37 per hour to start
Light Equipment Operator/Parkkeeper 11 .21 per hour after 36 months
10.14 per hour after 24 months
9.07 per hour after 12 months
8.53 per hour to start
Laborer** 9.19 per hour after 36 months
8.27 per hour after 24 months
7.35 per hour after 12 months
6.89 to start
In addition, all six (6) personnel with Light Equipment Operator/Parkkeeper
classifications will be paid at the Heavy Equipment Operator rate of $11.67/hr. for
the last four pay periods in 1985 and at the rate established in 1986, in recognition
of their periodic assignment to operate such equipment during the year.
*Two positions are authorized and are filled by a "senior qualified" Light Equipment
Operator or Parkkeeper after that person has successfully completed skills testing
administered by operators from adjoining cities.
** The Laborer is a new classification with rates effective January 1, 1986 through
December 31, 1986.
I
The uniform allowances and last four pay period pay differential provisions are
excluded from further negotiations for 1986.
OVERTIME POLICY ARTICLE 10.2
Shakopee Public Works Department Policy - approved December 15 , 1981 by the City
Administrator and effective for contract period.
Overtime shall be distributed as equally as practical by an established seniority
:List for the department used as a rotating ovetime call list. Overtime refused by
an employer will, for record purposes, be considered as unpaid overtime work. No
prior notice is required for overtime because much of it is of a "call out" nature
requiring immediate response.
Employees contacted under the above policy to work overtime, but refusing it because
of illness, will not be recorded as having worked. Also, employees who would be
contacted but are on vacation will not be recorded as having worked when called for
overtime work.
10
Y
MEMO TO: John K. Anderson, City Administrator ' ox FROM: Judith S. Cox , City Clerk
RE: Contract for Electrical Inspection Services
DATE: December 12 , 1985
Introduction
The current contract with IIr. Baker for doing electrical
inspections for the City expires December 31 , 1985 .
Bacxgrouncl
The City has had an excellent working relationship with Mr.
Baker and it is recommended that a new contract be entered
into with Mr. Baker . Should he decide not to complete the
year , he will give ample notice (two months or more ) .
Alternatives
1. Approve contract with Mr. Baker.
2 . Modify the contract or draft a new one.
3 . Operate without a contract.
4 . Consider entering .into a contract with someone else.
Recommended Action
Authorize proper City officials to execute a contract with
Roy Baker for electrical inspection services for the City
of Shakopee for 1986 .
JSCiims
5 f �
CONTRACT FOR ELECTRICAL INSPECTIONS l
CITY OF SHAKOPEE
Roy N. Baker, 1110 South Division Street , Northfield, MN
55057 , is hereby appointed an electrical inspector for the City
of Shakopee to serve at the pleasure of the City Council .
The City of Shakopee acknowledges receipt of his electrical
inspector ' s bond in the amount of $1 ,000 payable to the City of
Shakopee in case of default .
As such inspector, he hereby agrees to enforce the Minnesota
Electrical Act , the Rules and Regulations of the State Board of
Electricity thereunder and the appropriate Ordinances of the City
of Shakopee , as pertaining to the licensing of electricians and
inspection of electrical installations . The rate of compensa-
tion for his services shall be 80% of the electrical inspection
fees collected by the City of Shakopee.
In addition to any other rules , regulations or directives
promulgated or issued under authority of the City of Shakopee,
he hereby agrees to comply with the following rules :
1. Report to this office when called upon.
2. Supply the City of Shakopee with a verification of
automobile liability insurance on Form 1927 of the
amounts of not less than $50 ,000 for any one per-
son, $100 ,000 for any one accident for personal
injury and $10 ,000 for property damage .
3 . Supply a monthly report of inspections completed.
(Payment shall not exceed percentage or work
completed) .
4. Deposit with the City of Shakopee any inspection
fees received in the field.
5 . Delegate authority and responsibilities to no one
except duly authorized representatives of this
office upon request.
6 . Keep a Journeyman or Master electrician' s license
in force at all times .
By this appointment, the City of Shakopee places trust and
authority upon Roy N. Baker as an independent contractor quali-
fied and certified as such to make electrical inspections in
behalf of the City of Shakopee in the geographical area defined
by the City' s corporate limits .
This appointment shall be dated concurrent with said bond ,
which shall terminate on December 31 , 1986 , unless amended or
withdrawn previous to that date by the City of Shakopee or its
duly authorized agents , or which shall terminate upon 30 days
written notice by Roy N. Baker requesting same.
Approved by the Shakopee City Council this day of
1985 .
CITY OF SHAKOPEE
Roy NtY Baker Mayor, Eldon A. Reinke
Present Address City Adm. , John K. An erson
r
ity, State, Zip Uity Cier, Judith ox
I
MEMO TO: John K. Anderson, Ci A,dminietrator
FROM: Judi Sc, City Planner
RE: hesoiution to Deny Conditional Use Per;::_„ Application
:"y Peter Shutrcp
DATE: December
Introduction:
At the December 3rd meeting, City Council directed staff to pre-
pare a resolution of findings to deny the conditional use permit ap-
plication by Peter Shutrop.
Background:
Attached is the proposed resolution which includes four findings
of fact as discussed by the City Council. The applicant has been sent
a copy of the resolution.
Staff Recommendation:
Offer Resolution No. CC - 435 and move for its adoption.
JS/dd
Attachment
�aES-1UTICrd 1;0. - L�;
A i ESCi 'TQC"; DE;`_IN A;; i:P��i� ^T ^ . T L PP.Ri,:1T BY
SHL'TFcOP TO CONDUCT- A HOME CCC';PA'_T';
WHEREAS, Peter Shutrop has applied for a conditional use permit to
conduct a home occupation which involves the preparation and sale of fire-
wood from his residence at 1424 Heron Court, Lot 3, Block 3, Timber Trails,
Shakopee, Minnesota; and
WHEREAS, said application received public hearing before the Planning Com-
mission of the City of Shakopee on November 7, 1985; and
WHEREAS, the Planning Commission did on November 7, 1985 vote to deny
the application for conditional use permit; and
WHEREAS, the applicant has appealed said denial to the City Council
of the City of Shakopee; and
WHEREAS, the City Council did hold a public hearing on said application
on December 3, 1985;
NOW, THEREFORE BE IT RESOLVED- by the City Council of the City of Shakopee,
Minnesota, that upon hearing the advice and recommendations of the Shakopee
Planning Commission and considering the suggestions and objections raised by
the affected property owners, within a radius of 350 feet thereof, in public
hearings duly held by the Shakopee Planning Commission and the Shakopee City
Council, that the a forementioned Conditional Use Permit be and is hereby
denied pursuant to the following findings of fact:
1. The conditional use will be detrimental to the use and enjoy-
ment of the other residential property in the immediate vicinity for the
purposes already permitted.
2. The conditional use will impede the normal and orderly development
and improvement of the surrounding vacant residential
property.
3. Adequate measures can not be taken to prevent or control the proposed
home. occupation so that a nuisance is not created.
4. Existing residential uses will be adversely affected by the level of
commercial activity that the home occupation would create.
Adopted this session of the City 4
Council of the City of Shakopee, Minnesota held this day of
1985-
ATTEST: Mayor of the City of Shakopee
City Clerk
Approved as to form this
day of 195
MEMO TO: John K. Anderson
FROM: Judi Simac , �
c -y Planner
RE: Recreational Vehicle Park Ordinance
DATE: December 10 , 1985
December
Background:
At the November 19 , 1985 meeting the City Council approved
a motion to direct staff to prepare an ordinance which amends the
zoning code to include a Recreational Vehicle Ordinance. Please
find attached Ordinance No. 185 as prepared by the City Attorney.
Action Requested:
Offer Ordinance No. 185 , Fourth Series , and move for its adoption.
Attachment
tw
0 R D 1,v--%N CE N0. 1 a 5
Fourth Series
Yin Ordinance Oi the Cit`: Of Sheri:Oj)ee� ;'.innesota, Amending Shat:ot)ee. City
Code, Chapter 11 entitled "Land 1:�.
se Rel->>lation (Zoning)" l,v Addin^ a
Subd
hich RegRe entitied "l:ecreatienal \-chicle and Kecre�tional Park"
4;hiulates and Governs the Same and by Adopting by Reference Sllalcopee
Cit}' Code Chapter 1 and Sec. 11. 99 Which Among Other Things Contain Penalty
Provisions.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, OF,DAINS:
Sec. 11,05 Special Provisions
Subd 11 Recreational Vehicle and Recreational Vehicle Park
A. Definitions:
1. Recreational Vehicle - A vehicular type unit primarily designed
as recreational living quarters 'for camping, or travel use, which either has its own
motive power, or is mounted on, or drawn by another vehicle. The basic entities are:
travel trailer, camping trailer, truck camper and motor home.
2. Recreational Park - developed area which contains sites for the
temporaty location of assorted recreational vehicles to include travel trailers,
motor homes, truck campers, and to an extent, tents. Such park facilities cover a
range of short overnight stops, to longer destination-type stays of several days to
weeks.
B. Zoning Districts Where Recreation Vehicle Parks may be established.
1. Highway Business District as a conditional use.
2. Light Industrial District as conditional use.
3. Heavy Industrial District as a conditional use.
C. Application for Conditional Use Permit
The following information must be submitted in addition to the
application requirements for a conditional use permit.
- 1. Total number of acres in the proposed recreational vehicle park.
2. Acreage and percent of land to be set aside as open space.
3. The type of proposed accessory recreational facilities, if applicable.
Nu,T-_ L,1- of rc,crcatic:n :; vci ic]t sites to ;�t Incor�c•-�ttc _.,tc :,_
n�ric.
hccreation�:l vcInicIe site densiry per acre.
6. Standard or typical recreational vehicle site width and length.
7. Proposal for phasing development_, if applicable.
S. The schedule for construction.
9. Water and sewer services plan.
10. If applicable, in accordance with the Minnesota Environmental Policy
Act of 1973, the submittal of an Environmental Assessment worksheet.
11. Location and width of roadways and walkways.
12. Plan for refuse handling.
13. Parking Plan
14. Type and location of landscaping and screening.
15. Management Plan to include, but not limited to, hours, emergency
operation plan, season of operation.
16. Drainage Plan
D. Lot Area, Height, Lot Width and Yard Requirements:
1. Maximum Height: The lesser of two stories or 2Q feet.
2. Minimum Lot Area: Two and one-half, acres (22) except in zoning
districts where the minimum lot area is greater than 22 acres; in which case, the
minimum required lot area shall apply.
3. Maximum Density: Twenty recreational vehicle sites per acre, based
upon land suitable for developing and measured from the property lines of the park.
The areas occupied by the manager's unit (s) , recreational and social center may not
be included in the computation.,
4. Minimum Yard Requirements:
Front Yard 30 feet
Rear yard 30 feet
Side yard 20 feet
Interior street front yards - 5 feet
r
C' 1nClpcl or a c cu s s o ry S r e
r 0"
1-cLY C-
U. �Hni`r7u-- Lot jo,l) ft?e,L
7. C'Pell Space i,ecuirement I-1.1nimur", of Sof the roL:al area of the
park shall be reserved for the purposes Of open space or recreational uses, such as
sx-:iT,,iming pools, tennis courts, ballfields.
Open space areas shall be sufficient size and location to be a functional part
of the entire development plan. Internal roads shall not be considered to meet the
open space area requirement.
E. Permitted Uses:
1. Recreational vehicles
F. Accessory Uses: To be used solely for the residents of the park. The
accessory uses shall not occupy more than 10% of the usable park area. Theyinclude:
1. Convenience type retail sales and services, such as grocery stand,
coin operated launderies, dispensing machines, etc.
2. Office and utility building.
3. Shower, Bath and Locker Room Facilities Building
4. Multi-purpose activity buildings.
G. Vehicular Spacing and Access Drives
1. Each recreational vehicle site shall be fifty feet in length, ten
feet wide, and contain a stabilized vehicular parking pad of crushed rock, bituminous,
or other suitable material.
2. Recreational vehicle sites shall be set back 20 feet from any
building.
3. Access drives shall be looped within the interior of the recreational
vehicle park. There 'shall be at least two established common driveways that
intersect with a public street. There shall be no individual access to a recreational
vehicle site from any public street or alley.
4. - Access drives shall be a minimum of 22 feet wide, provided to each
- I -
t
S')a C L C:011 r'UoLj.C' anCI I C, t
0 t t
-or! T-)roI)t_.r'
L -I e s
access 6rive shLll� bc, L 0, "et-, 4"de I-
pave6 sur Lcc.
5. Access drives shut] he raved, riain.aineE, in a dust proo' condition
and be adt?QUe.tejV -1 i e
_d.
6. Off-street parking shall- be provided for visitors and recreational
vehicle registration. At least one parking space for every 10 recreational vehicle sites.
H. Screening and Landscaping.
1. A screening wall or fence or landscaping strip suitable to provide
• visual screening effect along the side and rear property lines shall be provided.
2. All open space and setbacks shall be adequately landscaped to provide
• park - like appearance.
3. Recreational vehicle parks should be fitted to the terrain with a
minimum disturbance to the land. Existing trees, rock formations and other natural
site features should be perserved to the extent possible.
4. Trees shall be planted within the interior of the recreational vehicle
park, in addition to the existing trees on the site. The minimum number of trees shall
be equal to the number of recreational vehicle sites proposed. Such trees shall be
of a suitable type and size to provide effective shade or screening effects within the
park site.
I. Permanent Occupancy Prohibited
1. No recreational vehicle shall be used as a permanent place of abode,
dwelling, or business or for indefinite periods of time. Continuous occupancy extending
beyond three months in any 12 month period shall be presumed to be permanent occupancy.
2. Any action toward removal of wheels of a recreational vehicle except
for temporary purposes of repair or to attach the vehicle to the grounds for stabilizing
purposes is hereby prohibited.
J. Signage
Signage shall be in conformance with Section 4.30 of the Shakopee City Code.
4
t."he .'iinnegota Stare Board o2 } with, Chi-r TC.'YtC e.
i`v/-� end ] }toY 32"; Sections 32 . 10-'"7.?1� Ylgardin�
1. mater Connections
_'. Piu:.bing
3. Sewage Disposal
4. Toilet, Bathing, Laundry Facilities
5. Refuse Handling and Disposal
b. Insect Control
7. Community Kitchen and Dining Rooms
8. Fuel Oil Supply Systems
9. Barbecue Pits, Fireplaces, Stoves and Incinerators
L. penalty
Shakopee City Code Chapter 1 entitled"General Provisions and Definitions
applicable to the entire City Code including penalty for violations " and Section 11.99
entitled "Violations a Misdemeanor" are hereby adopted in their entirety by reference
as though repeated verbatim herein.
M. When In Force
After the adoption, signing and attestation of this Ordinance it shall
be published once in the official newspaper of the City of Shakopee and shall be in
full force and effect on and after the date following such publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of 198
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this 4th day of December, Published in the Shakopee Valley News
a the day of 198
r I
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk C' �
RE: Resolution of Appreciation to Diane Beuch
DATE: December 10 , 1985
Introduction and Background
Diane Beuch has informed me that she will no longer be able to
be our recording secretary. Tuesday, December 17th will be
her last meeting. Her husband' s business is requiring more of
her time and she would also like to spend more time with her
children.
Diane has done an excellent job for us during the past five years
and we are going to miss her.
Action Requested
Offer Resolution No. 2489 , A Resolution of Appreciation to
Diane Beuch, and move its adoption.
JSCjjms
N3.
l-i t.�J�' �_O\ l "N
wiiERE;.S , Diane Beuch has served as the recording secretary
for the City Counc=l since November 1980 ant-1 Decem;:)er 1985 ; and
WEREAS , Diane has served as the recording secretary for
the Planning Commissicn from December 1980 until December 1985
as well as =or the Cable Communication Ccmmission and the Energy
and Transportation Commission for one and one-hall years during
this time ; and
WHEREAS , Diane has willingly and cheerruliv_ attended numerous
extra meetings when called upon to do so; and
WHEREAS , Diane has performed her work in a most conscientious
manner and has always done an excellent job in transcribing the
proceedings of the various meetings.
NOW, THEREFORE BE IT RESOLVED that the Shakopee City Council
does hereby extend a token of thanks and appreciation to Diane
Beuch for her dedication and hard work during her tenure of
recording secretary for the City of Shakopee and wishes her well
in her future endeavors.
Adotped in session of the City Council of
the City of Shakopee, Minnesota held this day of
1985 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1985.
City Attorney
%lrl
TO: Mayor and Council
FROM: John K. Anderson, City Administrator
RE: 1986 Pay Plan for Non-Union Employees
DATE: December 13, 1985
Introduction and Background
Attached is Resolution No. 2492 Adopting the 1986 Pay Plan for officers and
non-union employees. The pay plans for 1985 have been increased by 4.5% with
no other adjustments except for the City Attorney. In accordance with discussions
held at budget time, this position is increased by a total of 9.5%. The Department
Head and the Technician pay plans are due for adjustment to Stanton averages
for 1986 (every other year). These adjustments are not reflected in the 1986
pay plans pending comparable worth adjustments. The clerical plan was adjusted
to Stanton averages for 1985. Salaries for the Fire Department are unchanged.
Council indicated their desire at the December 10th meeting not to make adjustments
to Stanton averages at this time but did indicate that adjustments made following
comparable worth would be retroactive to January 1, 1986.
The City contribution to health and life insurance (and dental if provided)
is increased by $10 per month.
Alternatives
1. Approve pay plans as presented
2. Modify percentage increase for 1986
3. Make other modifications
Recommendation
Alternative 1 .
RESOLUTION NO. 2492
A RESOLUTION ADOPTING THE 1985 PAY SCHEDULE FOR THE
OFFICERS AND NON-UNION EMPLOYEES OF THE
CITY OF SHAKOPEE, r.INNESOTA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
that the City Administrator hereby authorized to issue warrants upon the the
City Treasury, from and after January 1, 1986 or other date as specified and
payable to the duly elected, appointed, or hereby designated and appointed
non-union employees of the City of Shakopee, in accordance with the attached
1986 pay schedule dated January 1 , 1986 heretofore adopted, or hereinafter
adjusted.
BE IT FURTHER RESOLVED, that all aforesaid disbursements shall be made
subject to the prevailing conditions of employment and satisfactory performance
of all the respective duties and responsibilities as specified in State Law,
City Code and Resolutions as adopted, or amended and supplemented from time
to time by the Council.
BE IT FURTHER RESOLVED, that the City contribution for health, life, long-term
disability and dental insurance and/or an individualized health care account
as may be provided by Council, shall be no more than $215 per month per employee,
effective January 1 , 1986. All employees shall receive this $10 per month
increase over the benefit provided in 1985.
BE IT FURTHER RESOLVED, that all Resolutions in conflict with this Resolution
are hereby repealed and terminated, effective January 1, 1986.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 19
City Attorney
1986 PAY SCHEDULE
JANUARY 1 , 1986
Positions
Elected Officials Salary Authorized
------ ----------
------------------
Mayor $4, 200 /yr 1
Councilpersons 3 , 600 /yr 5
City Employees - Permanent/Full Time
------------------------------------
City Administrator
(per agreement 4/ 17 /84) Pending/yr 1
See attached 1986 Department Head Pay Plan
Community Services Director ( 1/ 10th) 3 , 914 /yr 1
See Attached 1986 Technician Pay Plan
See Attached 1986 Clerical Pay Plan
Assistant Police Chief 180 /mo 1
City Employees - Permanent/Part Time
------------------------------------
City Attorney
26 , 290 /yr 1
Senior Custodian 7 .82 /hr 1
Custodian 7 . 10 /hr 2
Fire Chief 2 ,000 /yr 1
Assistant Fire Chief ( 1st) 1 ,000 /yr 1
Assistant Fire Chief ( 2nd ) 900 /yr 1
Fire Department Engineer 1 ,650 /yr 1
lst Asst Fire Dept . Engineer 1 ,350 /yr 1
2nd Asst Fire Dept . Engineer 700 /yr 1
Fire Training Officer
1 ,350 /yr 1
Fire Captain 500 /yr 2
Firemen 7 .35 /hr 35
City Employees - Temporary
------------------------------------
Misc . Temporary Employees from 3 .50 /hr N/A
to 9 .98 /hr
1986 Technician & Clerical Ray Alan
Step 1 Step 2 Step 3 Step 4
Stanton Survey No. of 75% 80% 90% Stanton Mnarl
Classifications Positions Start (2) 1 Years 2 Years 3 Years
---------------------------------------------------------------------------------------
13. Entry Level Technician (Aid I) 0 1,069 1, 140 1,283 1, 425
14. Entry Level Technician (Aid I I) 0 1, 29S 1,383 1, 55S 1. 72-13
15. Voc. Grad. +3-5 yrs. (Aid III) 2 1, 639 1,748 1,967 21 1D5
16. Top Sub. Professional (Aid IV) 1 I' m 1,991 2, 239 2, 408
58. Planner (3) 1 1,557 1,661 1,069 2, 076
35. Accounting Clerk 1 948 1, 003 1j257 W96
36. Senior Accounting Clerk 1 1,066 1, 137 1,421 1,579
42. Senior Clerk Typist 2 913 974 1, 217 1, 352
43. Switch Board/Receptionist 0 832 887 1, 109 1, 232
45. Data Entry 0 906 967 1, 209 1. 343
46. Senior Steno 0 964 1,009 1,286 1, 4W
47. Secretary 5 1,015 1, 083 1, 353 1, 504
48. Senior Secretary 0 1, 176 1,254 1,568 1, 742
Footnotes:
1. Classification is accomplished by snatching the City's position descriptions with those in ihn
Stanton Survey.
2. Employees hired without experience in the position start at 75% of too - ernnloyens with
experience may start where appropriate.
3. Clerical adjusted to Stanton based on even years.
Technical adjusted to Stanton based on odd years.
All adjustments to individual positions deferred pending comparable worth,
adjustments at that point will be retroactive to 1/1/86.
1986 Department Head/Staff Pay Plan
Step 1 Step 22 Step 3 Step 4 Step 5 Step 6 Step 7 Steo 8 5teo 9 1t'�y
Stanton Survey No. of Start 6 mos. 1-1/2yrs. 2-1/2yrs. 3-1/2yrs. 4-1/2-yrs. 5-1/2yrs. 6-1/2yrs. 7-1/2yrs. 8-1/2yrs.
Classifications Positions 73% 76% 79% 82% 85% 68% 91% 94% 97% "retro 0%r.
---------------------------------------------------------------------------------------------------------------------------------------------
11. Public Works Superintendent (2) 1 226,586 27,679 28,771 29,864 30,956 32,049 33,142 34,234 35,327 36,419
12. Public Works Director 0 34,071 35,471 36,872 38,272 39,672 41,072 42,472 43,872 45,273 46,573
19. City Engineer (3 6 6) 1 29,945 31,176 32,40G 33,637 34,867 36,098 37,329 38,559 .39,790 41,V11
21. Chief Inspector (4) 1 25,998 27,066 28,135 29,203 30,272 31,340 32,408 33,477 34,545 ?5,614
31. Police Chief 1 33,071 34,430 35,789 37,148 38,507 39,866 41,226 42,585 43,944 45,323
39. Finance Director 1 30,301 31,546 32,792 34,037 35,282 36,527 37,773 39,018 40,263 41,5P11
51. Park & Rec. Director 1 28,573 29,748 30,9222 32,096 33,270 34,445 35,619 -6,793 37,957 .39,1&^
59. Comm. Dev. Director 1 27,600 28,734 29,868 31,003 32,137 33,271 349405 35,540 36,674 37,POP
60. City Clerk 1 22,552 23,479 24,406 25,333 26,259 27,186 28,113 29,040 29,967 -31,4?3
Footnotes,
1. Department Head Staff Pay Plan Adjustment factors and procedures. Council can establish at the time of Pay Plan implementation, charee in eosit,i^r; r,r loll
description, or upon the hiring of an employee, whether the top or the pay plan for a given position will be 97%. I0.'1%, or 1071% of the "-t ro Ararars
in the Stanton Survey for Group V cities. Once determined, that percentage computed into an annual dollar amount will become the 11th _t-o in the
Department Head/Staff Pay Plan. Council will make its ,judgement based upon the degree to which the position in Shakopse varies in its fur7ti,"ns frrT the nor,
in those cities included in the Stanton V Survey. NO OTHER CRITERION SHALL BE USED. The second adjustment Council can rake is a =ervisp c�edit.
This adjustment can only be made when the Pay Plan is implemented, there is a change in position or job description, or upon the hirirn of a row e^pl-vee.
The below listed adjustments are incorporated in the pay plan.
2. Public Works Superintendent. Step 10 is set at 103% of Stanton Group V because there is no Public Works Director and therefore the 8ors
but not all Public Works Director functions (i.e. budgeting, scheduling, employee discipline).
3. City Engineer. Step 10 set at 103% of Stanton Group V because there is no Public Works Director and therefore the City Enginaer d^es sc,,rb, t
all Public Works Director functions (i.e. budget, scheduling, employee discipline).
4. Chief Isnpector. Step 10 set at 103% of Stanton Group V because the current inspector also is certified and does all of the City's 011,1`jnq
inspections.
5. City Clerk. Only those positions listed in the Stanton Group V Survey carrying the title "City Clerk" were used to obtain the Metro Aymara fr^ this
position. Clerk/Treasurer positions were not used.
6. Park and Recreation Director (Community Services). Traditionally there has the concept of a 90%-10% solit between Ccmmu•rity Service; and t1- City.
The City pays 10% of the amount shown on the pay plan as its share of the salary for this position.
7. Department Head plan adjusted to Stanton based on odd years.
Individual position adjustments for 1/1/86 will be deferred until comparable worth is resolved,
adjustments at that point will be retroactive to 1/1/86.
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: 1985 Budget Amendment Resolution No. 2490
DATE: December 9, 1985
Introduction and Background
Council has taken action on a couple of items since the last budget amendment
that affect the 1985 Budget. Staff was directed to prepare a budget amendment.
The attached resolution implements those changes which are the telephones
purchased for Community Services and the Memorial Park bridge.
The telephones are charged to Building Inspection with an off—setting reduction
in contingency. The bridge is taken from fund balance in the Park Reserve
Fund.
Action Requested
Adopt Resolution No. 2490
Resolution Number 2490
A Resolution amending Resolution Number 2340 adopting the 1985 Budget.
WHEREAS, the Shakopee City Council did pass Resolution No. 2340 adopting
the 1985 Budget, and
WHEREAS, subsequent events and circumstances make it desirable to amend
said budget,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee,
Minnesota, that the 1985 Budget is hereby amended as follows;
General Fund
Inspection Supplies & Services 800
Unallocated Contingency (800
Total Expenditures Increases 0
Park Reserve Fund
Stans Park Tennis Courts (17,000)
Memorial Park Bridge 12,000
Total Expenditure Decreases 5,000
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1985.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1985.
City Attorney
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk "
RE: 1986 Fee Resolution
DATE: December 10 , 1985
Introduction and Background
MWCC has revised its SAC units for various commercial , public
and industrial facilities beginning in 1986 . Rather than
adopting a resolution amending the fee resolution adopted
on December 3rd, staff recommends that Resolution No. 2479
be reconsidered and amended to include the MWCC Service
Availability Charges revised beginning 1986 . The attached
excerpt from Resolution No. 2479 shows the changes .
Alternatives
1. Amend 1986 fee resolution.
2. Don' t amend 1986 fee resolution and City pay difference.
Action Requested
1. Reconsider Resolution No. 2479 .
2. Amend Resolution No. 2479 to include the 1986 Service
Availability Charges set by Metropolitan Waste Control
Commission.
3 . Adopt Resolution No. 2479 as amended.
JSC/jms
Legal exoenses as billed `
Tai; Increment Financi ncr Fees
Application fee for Tai: Increment Financing D-00 . 00
Garbaae Rates (Authorized by City Code 3 . 02 )
i . Urban Residence 5 . 77/month
2 . Senior Citizen in urban residence 4 . 54/month
3 . Commercial and non-urban rates not set by the City
If Louisville Landfill is open, rates will be reduced to
5. 17/month and 3 . 94/month.
Sewer Service Charges (Authorized by City Code 3 . 02 )
(Effective on the 4/1/83 billing)
1. Quarterly service charge 9 . 00
2. For every 1 , 000 gallons or part thereof of metered
flow or water usage 1 . 22
3 . For annalized flow in excess of one million
gallons a service charge per million gallons
or part thereof of metered flow or water usage 49 . 00/
mil.gal
4. Charge for unmetered residential water accounts
or new accounts 9 . 10/month
Standard Service Availability Charge ( SAC) Units for various
Commercial, Public, and Institutional Facilities (Mandated by
MWCC) (These fees forwarded to IvR4CC)
Type of Facility Parameter SAC Units
Arenas 110 seats 1
Auditoriums 110 seats 1
Automobile Service
(Fast service less than 4 hrs. /car) 2 service bays 1
(Major service more than 4 hrs. /car) 14 employees 1
Ballroom
Facility without liquor service 825 sq. ft. 1
Facility with liquor service 590 sq. ft. 1
Bank 2400 sq. ft. 1
Banquet Room
Food catered 2060 sq. ft. 1
Food catering with dishwashing 1180 sq. ft. 1
Food preparation and dishwashing 825 sq. ft. 1
Food preparation, dishwashing with 590 sq. ft. 1
liquor