HomeMy WebLinkAbout07/01/1986 TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE , MINNESOTA JULY 1 , 1986
Mayor Reinke presiding
1] Roll Call at 7 :00 P.M.
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 evert
the item will be removed from the consent agenda and considered
in its normal sequence on the agenda. )
*7] Approval of Minutes of June 3rd and June 10, 1986
8] Communications : (Items noted for consent will be received and filed)
a] L. Grannes re : rubbish collection
*b] D. Ledding re : request for additional State Patrol personnel
in Shakopee
c] S. Wetterlin re : rezoning of property from Ag to R2
9]" 7 . 45 PUBLIC HEARING: Appeal to Planning Commission approval of a
Conditional Use Permit to allow a commercial feedlot to be known
as the Wishingwell Farm and Training Center located So. of P & V
Addition, No. of Glen Ellyn Park and East of CR-79 in N% NW% Sec . 18
10] Boards and Commissions: None
11] Reports from Staff: [Council will take a 10 minute break around 9 :OOPM1
a] Consideration for award of bonds - to be provided by Springsted
1] $500, 000 GO Tax Increment Bonds, Series 1986-A - Res . 2582
2] $1 , 645 .00 GO Tax Increment Bonds, Series 1986-B - Res. 2583
31 $2 , 105 ,000 GO Tax Increment Refunding Bonds, Series 1986-A
Res. 2584
4] $355, 000 GO Improvement Bonds, Series 1986-B - Res. 2585
b] Fox Run 1st Addition - Developers Agreement
c] Scott County Transportation Coalition Update by Fred Corrigan
d] City Hall Remodeling - bring June 30th memo
e] Chamber Sign
*f] Inspection Service Agreement with Scott County
g] Certificate of Occupancy (Temporary)
TENTATIVE AGENDA
July 1 , 1986
Page -2-
Reports from Staff continued: `
h] TH 169/101 Alternative Review and Selecticn - bring 6/17 item 11f
i] Creation of MIS (Management Informaticn Systems) Position-bring
item 11m from 6/17
j ] Free Trash Dumping Program ( 1986) - bring 6/17 item 11n
*k] Insurance Package Renewal
11 Approve bills in amount of $105, 717.47
m] 5-Year Capital Equipment List
n] Renewal of Intoxicating Liquor Licenses - memo on table
o] Hiring A Planner I
p] Hiring A Receptionist/Typist
q] Marschall Road and 4th Avenue Signal Agreement
*r] 1985-1 Fourth Avenue Reconstruction Project, Change Order No. 1
121 Resolutions and Ordinances :
*a] Res. No.CC452 - Denying A Conditional Use Permit for Quest Air
Service Inc . to Operate A Heliport
*b] Res. No. 2579 - Apportioning Assessments Among New Parcels
Created as a Result of the Subdivision of Land Into Canterbury
Park 2nd Addition
c] Res. No. 2581 - Awarding Contract for 2nd Avenue Parking Lot t'
Landscapping
d] Ord No. 197 - Amending Chapter 11 to allow bulk storage of
liquid in above ground tanks only
e] Ord. No. 203 - Amending Chapter 11 to add private clubs and
lodges as a conditional use in the R-4 zone and repealing
commercial uses abutting a state highway in the light and
heavy industrial district, as conditional uses
*f] Res. No. 2580, Approving Plans and Specs for 4th Avenue
rehabilitation from Fillmore to Scott 86-3
g] Ord. No. 196, Amending Chapter 1 of City Code - bring 12c of 6/17
h] Ord. No. 198, Amending Chapter 5 of City Code - bring 12e of 6/17
i] Ord. No . 199, Amending Chapter 6 of City Code - bring 12f of 6/17
j ] Ord, No. 200, Amending Chapter 8 of City Code - bring 12g of 6/17
k] Ord. No. 201 , Amending Chapter 10 of City Code - bring 12h of 6/17
11 Ord. No. 202, Amending Chapter 14 of City Code - bring 12i of 6/17
131 Other Business :
a] Six month Liaison appointment to Planning Commission
b]
c]
14] Recess for Executive Session to discuss labor negotiations
15] Reconvene
16] Adjourn to Tuesday, July 15 , 1986 at 7 :00 P.M.
John K. Anderson, City Admr.
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational Items
DATE: June 26 , 1986
1. We received a thank you letter from Mary Jane Berens ,
Secretary of the Shakopee Lioness Club, for the help they
received from the Public Works crew. Harry Pass moved a
rock for them for use as a monument in Lions Park.
2 . The Metropolitan Waste Control Commission voted not to sell
the Shakopee Sludge Farm (Scottland property) . They plan to
hold on to the property and possibily sell it in smaller
parcels in an attempt to make more money per acre.
3 . Attached is a memorandum from Tom Brownell regarding his
kennel inspection on June 23 , 1986 .
4 . Attached is a memorandum from LeRoy Houser regarding illegal
rental units .
5 . Attached is a letter from Kay Mitchell, Clerk of the
Hennepin County Board, along with Resolution No. 86-6-453
supporting the application for an amendment to the Flying
Cloud Sanitary Landfill. Shakopee also sent a resolution
supporting the landfill amendment.
6 . Attached is a memorandum from the League of Minnesota Cities
regarding their new proposed infrastructure financing pool.
We are submitting our bonding requirements for the next
three years to the League so that they can properly size the
pool. Please note that the League pool will be optional for
all communities.
7. Attached is a monthly newsletter from Ehlers and Associates ,
Inc. which discusses the affect of the new tax reform under
consideration by Congress.
8 . Attached is the AMM newsletter covering the 1986 Annual
Meeting.
9 . Attached is the Revenue and Expenditure Report for the
period ending May 31, 1986 .
10 . The City of Burnsville also reacted as did we with a letter
to the Lower Minnesota River Watershed District' s proposed
509 report ( letter attached) .
11 . Attached are the Dial-a-Ride and Van Pool operating reports
for the period ending May 31, 1986 .
12 . Attached is the Springsted background memorandum discussing
in detail the $2 , 150, 000 General Obligation Tax Increment
Refunding Bonds that were discussed by David MacGillivray at
the last Council meeting. This memo is equivalent to the
one you received on the other issues that we will be
receiving bids for on July 1st.
13 . Attached are the agendas for the July 10, 1986 meetings of
the Board of Adjustment and Appeals and Planning Commission.
14 . Attached are the minutes of the May 29 , 1986 meeting of the
Planning Commission.
15 . Attached are the minutes of the June 5 , 1986 meetings of the
Board of Adjustment and Appeals and Planning Commission.
16 . Please read the attached Rate Case Summary from the SRA.
JKA/j ms
y City of Shakopee
v^ •S+NQ P E E\ POLICE DEPARTMENT
�NNES0
�C 476 South Gorman Street
SHAKOPEE, MINNESOTA 55379
P _ A'
P O____ , Tel. 445-6666
`A 1
55379 '
TO: Mayor, Council Members
FROM: Tom Brownell , Chief of Police
RE: Kennel Inspection
DATE: June 23, 1986
INTRODUCTION
On June 17, 1986, council requested an inspection of the city contracted kennel
for sanitation and cruelty.
BACKGROUND
On June 23, 1986, an unannounced inspection of the kennel was conducted.
RESULTS
The holding kennels were found to be very clean, each kennel contained a bucket
of water and a food dish.
JO C)E2VE !:70 -(PZOEECE
1�G
MEMO TO: John K. Anderson, City Administrator
FROM: LeRoy Houser, Building Official
RE: Rental Units
DATE: June 24, 1986
As we previously talked about the rental unit problems we are
having in town, I may have a small part of the problem solved.
I have an information item going in the newspaper outlining
rental unit requirements under the Uniform Housing Code which the
city adopted many years ago.
In addition, I have secured the cooperation of the Race Track and
ValleyFair in requiring a code compliance certificate for any
rental referrals for their employees.
This will not take care of the whole problem of underground
rental units , but it is at least a start in the right direction.
TENANT NOTICE
The City of Shakopee has adopted and enforces the Uniform Housing
Code.
The purpose of this code is to provide minimum requirements for
the protection of life, limb, health, property, safety and
welfare of the general public and owners and occupants of
residential buildings.
With an increased need for rental units in the city due to
Canterbury Downs and various road and construction projects in
our area, it appears many Shakopee property owners are converting
their basements, garages and single family dwellings into rental
units without benefit of permits.
If you are a property owner who has made an illegal conversion,
one who contemplates doing so, or a tenant who is occupying a
unit, the items listed below are areas of concern the city has
that may impact seriously on life, safety, health, general
welfare and liability on the part of the owner/tenant of the
property.
1) Each sleeping room below the 4th floor is required to have a
window with 5 . 7 sq. ft. of net openable area with minimum
dimensions of 20" wide, 24" high and no more than 48" off
the floor to sill height.
2 ) Each bedroom or cluster of bedrooms are required to be
serviced with a hardwired electric smoke detectors. In
addition, one must also be installed in the furnace room.
3 ) Minimum ceiling heights are required to be 716" .
4 ) Each unit is required to have a three fixture bath. Floor
and walls are required to be impervious to moisture.
5) All bathrooms are required to have a window or exhaust fan.
6) All units are required to be free of infestation and vermin.
7 ) All units are required to be water tight.
8) Each sleeping room must equal 70 sq. ft. and for each
occupant over two, the city code requires an additional 50
sq. ft.
9 ) Gas connections for ranges must be hard piped or copper coil
or if a flex connecter is used it must be the approved type.
10 ) Efficiency units used for cooking, living and sleeping must
have an required floor area of 220 sq. ft.
11) All rooms must be provided with natural light by means of a
window equaling 80 of the floor area and ventilation by
means of openable windows of at least 1/20th of the floor
area.
12) All tenants must have complete control of their utility shut
offs in case of emergency.
13 ) All tenants are required to have an entrance independent of
the homeowners that is secured with a dead bolt lock.
14) Each rental unit kitchen is required to have a kitchen sink,
electrical or gas connection to accommodate a range and
refrigerator. The range is required to be vented. All
appliances are require to have a clear working space of not
less then 30" in front of them.
15 ) All dwelling rental units are required to have one room of
120 sq. ft. other habitable rooms are required to have 70
sq. ft. , the minimum bathroom size is 35 sq. ft.
16 ) Additional refuse containers are required, on site to
accommodate the additional refuse generated by the tenants.
If you as a tenant, feel you are occupying a substandard unit
that is detrimental to your health or safety, you may call the
Shakopee Building Inspectors office and request an inspection of
the premises. There are no good reasons for anyone to rent a
substandard unit, endangering your health or life safety, if you
know of any illegal rental units or if you live in one, please
contact the department at 445-3650 .
n °o ,
�P,,....... PHONE
KAY MITCHELL 348-5433
CLERK TO THE BOARD 2; / 2�
W
tiNESQ
BOARD OF HENNEPIN COUNTY COMMISSIONERS
2400 GOVERNMENT CENTER
MINNEAPOLIS, MINNESOTA 55487
June 24, 1986
Mr. Barry A. Stock
Administrative Aid
City of Shakopee
129 East First Avenue
Shakopee, MN 55379-1376
Dear Mr. Stock:
Relative to your letter dated June 6, 1986 concerning Woodlake
Sanitary Services, Inc. and their application for an amendment
to their solid waste disposal permit governing the Flying Cloud
Sanitary Landfill , the Hennepin County Board of Commissioners
at their meeting of June 3, 1986, adopted a resolution in support
of a variance by the Environmental Quality Board to Woodlake
Sanitary Services.
Enclosed please find a copy of resolution 86-6-453 adopted on
June 3, 1986.
Sincerely,
Ka Otchell
Clerof the Board
jc
Encl :
RESOLtTTION No. 86-6-453jt)VoGal(
The following resolution was offered by Commissioner Andrew ,
seconded by Commissioner Derus
WHEREAS, Woodlake Sanitary Services, owner and operator of the Flying
Cloud Sanitary Landfill, applied for a major expansion of 5644 acre-feet of
disposal capacity in 1982; and
WHEREAS, the current permitted disposal capacity of 5,786 acre-feet at
the Flying Cloud Sanitary Landfill is anticipated to be used up by October
1986; and
WHEREAS, action on the licensing of the proposed 5644 acre-foot major
expansion has been postponed pending the completion of a Supplemental EIS
and a Remedial Investigation/Feasibility Study ordered respectively by the
Metropolitan Council and the MICA following the discovery in 1985 of
contaminants in three of the landfill's groundwater monitoring wells;
rirMR AS, Woodlake Sanitary Services has submitted an extensive initial
Remedial Investigation report and is doing additional investigative work
under the direction of the MPCA, but the Remedial investigation/Feasibility
Study and the Supplemental EIS are not expected to be completed in time to
allow regulatory governmental units to act on the proposed 5644 acre-foot
major expansion by October 1986; and
WHEREAS, Woodlake Sanitary Services has proposed a limited expansion of
576 acre-feet over the current permitted disposal capacity at the Flying
Cloud Sanitary Landfill in order to keep the landfill operating through the
project time of completion of the Supplemental EIS and the Remedial
Investigation/Feasibility Study and until the estimated time when regulatory
governmental units can act on the application for the proposed 5644
acre-foot major expansion; and
WHEREAS, the Minnesota Environmental Quality Board (EQB) has stated
that any temporary limited expansion at the Flying Cloud Sanitary Landfill
would constitute, in effect, construction work on the proposed 5644
acre-foot major expansion, a project currently under Environmental Review,
and that, pursuant to Minnesota Rules 4410.3100, no regulatory governmental
unit can issue an approval or permit for a project under Environmental
Review and no construction work can take place until the Supplemental EIS is
determined to be adequate unless the EQB issues a variance; and
WHEREAS, Woodlake Sanitary Services has applied to the EQB for a
variance which would, in part, allow regulatory governmental units to act on
permitting the proposed 576 acre-foot limited expansion; and
WHEREAS, County staff have reviewed the proposed 576 acre-foot limited
expansion and believe it will not have an appreciable effect on the
contamination problem at the landfill; and
WHEREAS, closure of the Flying Cloud Sanitary Landfill in October 1986
would cause a major disruption to the Metropolitan solid waste disposal
system;
J11-11: 0 7 1 X36
I/ Resolution No. 86-6-453 Continued (10635
Page 2
' BE IT RESOLVED, that the Hennepin County Board of Coamissioners
supports the granting of a variance by the WB to Woodlake Sanitary 7"
Services, pursuant to Minnesota Rules 4410.3100 subparts 4-8, to allow
regulatory governmental units to act on a proposed P76 acre-foot limited
expansion at the flying Cloud Sanitary Landfill.
Commissioner Johnson moved the item be laid over to the next meeting of
the County Board, seconded by Commissioner Keefe and the vote was as follows:
YEAS: Johnson, Keefe; NAYS: Derus, Robb, Andrew, Spartz, Sivanich. Commis-
sioner Robb requested his vote be changed to YEA and no objections were voiced.
Motion failed.
Commissioner Johnson offered the following as a substitute:
WHEREAS, There was no discussion prior to the June 3rd County Board
meeting of whether or not to support or oppose the granting of a variance
by the Environmental Quality Board to Woodlake Sanitary Services, pursuant
to Minnesota Rules 4410.3100 subparts 4-8, regarding aproposed limited
expansion at the Flying Cloud Sanitary Landfill.
BE IT RESOLVED, The Hennepin County Board takes no position on this
issue at this time.
The motion was seconded by Commissioner Keefe and the vote was as follows:
YEAS: Keefe, Robb, Johnson; NAYS: Derus, Andrew, Spartz, Sivanich. The
substitute motion failed.
The question was on the adoption of the resolution and there were
Four YEAS and Three NAYS as follows:
COUNTY OF HENNEPIN
BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER
Jeff Spartz X —
Randy Johnson X
John Keefe X
John E. Derus X_ —
E. F. Robb, Jr. X_
Mark Andrew X --
Sam S. Sivanich, Chairman X _
RESOLUTION ADOPTED.
ATTEST: '
Clerk o the County Board
JUN 0 31986
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league of minnesota cities
LEAGUE OF MINNESOTA CITIES PROPOSED INFRASTRUCTURE POOL
GENERAL INFORMATION
The League of Minnesota Cities intends to create a League Infrastructure Pool to
assist cities in meeting their capital financing needs for the next three years.
Objectives
The pool is intended to:
1. Create a source of funds for most cities to borrow for long-term capital
projects at interest rates lower than those they could obtain if they used
traditional methods.
2. Avoid the restrictive arbitrage provisions contained in pending federal tax
reform legislation, even if loans are originated after September 1, 1986.
It is expected this legislation will require a rebate of the excess of
earnings on bond proceeds above the yield on bonds issued.
3. Create a way for cities to borrow money for purposes for which they may no
longer be able to borrow after September 1, 1986, because of pending
federal legislation on tax-exempt bonds. This legislation is expected to
either eliminate or restrict certain traditional purposes, such as tax
increment financing.
4. Make it easier for many smaller cities to borrow money for capital
financing needs.
5. Minimize costs of issuance which may be relatively high on smaller
individual bond issues.
The Pool
Long-term, tax-exempt bonds for the pool are expected to be issued prior to
September 1, 1986. The bonds initially will be issued in variable interest rate
form. Variable rate bonds wil). be converted to fixed rate bonds as the pool
purchases fixed rate city bonds.
The principal and interest on the bonds will be guaranteed by a municipal bond
insurer rated "triple A". The insurer will approve the city bonds following
receipt of city bond applications.
The amount of the pool's bond issue will be based upon the results of the survey
attached.
I 83 university avenue east, st. paul, minnesota 551 01 C612) 227-5600
General Information
Page 2
The City Bonds
Cities may sell their bonds to the pool for the same purposes for which cities
may currently sell bonds under Minnesota law. These purposes include:
General Obligation Bonds Revenue Bonds
Tax levy supported Utility enterprises (water,
Special assessment supported sewer, electric)
Revenue supported (water, Tax Increment
sewer, electric) Other
Tax Increment
Cities will have the option to sell. fixed or variable rate bonds to the pool.
The variable rate city bonds may be converted to fixed rates at scheduled times
at the option of the city. The fixed rate city bonds will be sold at market
rates at the time the city bonds are purchased by the pool. The rate on
variable city bonds loans will reflect the interest rate on the pool's variable
rate bonds.
The maturity of the city bonds will be limited to current state law and credit
purposes. The city bonds will be purchased during a three-year period beginning
in the fall, 1986..
Questions and Answers
on the Proposed League Infrastructure Pool
1. Is a city responding to the survey questionnaire or executing the
participation agreement obligated to borrow the funds for which it
indicated a need during the next three years?
A. No. The survey and participation agreement is intended to assist the
League is sizing the bond issue and to determine the kinds of needs
which must be addressed in structuring the pool.
2. If the city does borrow during the next three year, must the city borrow
from the pool or does the city have the flexibility to conduct its own
borrowing program?
A. The pool represents a source of funding available to cities, but
cities retain all of their normal options available under state law to
conduct any of their borrowing plans.
3. Does use of the pool relieve a city of any statutory requirements as a
prerequisite for a particular financing such as exceeding its debt limit or
avoiding a referendum?
A. No. Any city bond purchased by the pool will be done within Minnesota
law. Therefore, prior to borrowing money from the pool, cities must
satisfy all legal requirements under present state law with respect to the
issuance of bonds for contemplated purposed. Cities need not, however,
perform any of the legal. prerequisites prior to completing the survey.
4. Who must complete the survey? Can this be done by a finance director, city
clerk or administrator, or must the information contained in the survey be
approved by the city council?
A. The survey may be completed by any city officials which the city
believes is capable of completing the information. The information
involved in the survey need not be approved by the city council.
Execution of a participation agreement (to be received later) will
require council approval.
S. Can the pool. be used for refunding (current or advanced)?
A. The pool can be used for current refundings only. Current refundings
are those for which the outstanding bonds or indebtedness have early
redemption (call) which occur prior to the end of the three-year loan
origination which is expected to be October, 1989.
6. Who will administer the pool and how can smaller cities expect to receive
assistance concerning whether use of the pool is of benefit to them?
A. The League of Minnesota Cities will act as program administrator and
will provide advice concerning the appropriate use of the pool for
each city indicating interest.
Questions and Answers
Page 2
7. Will cities be able to borrow money from the pool for purposes for which it
is expected cities will not be able to individually issue tax-exempt debt
after September 1, 1986?
A. Under current forms of proposed federal tax reform legislation, if the
pool's bonds are issued prior to the date of new federal tax
legislation, it is expected that the proceeds may be used for certain
purposes and upon certain conditions (e.g. most tax increment
financings) which were permitted and in effect prior to the new tax
bill.
8. Will the loans be subject to new, more restrictive arbitrage regulations as
proposed by the U.S. Senate and House?
A. Again under current forms of tax reform legislation, the arbitrage
restrictions are not expected to apply to the pool's bonds.
9. When will the pool be first available for use?
A. Late fall, 1986.
10. Will the pool provide for all purposes for which cities can issue debt, or
will certain types of debt issuance not be accepted by the pool?
A. The pool is intended to provide financing during a three-year loan
origination period for all purposes for which cities can now issue debt
under Minnesota law except for those projects which, under present law
(prior to passage of a tax reform bill in 1986) , will require industrial
development bond allocation.
6
IIII
league of minnesota cities
June 26, 1986
TO: Mayor, Managers, Clerks, and Finance Officers
FROM: Donald A. Slater, Executive Director
RE: Proposed League Infrastructure Pool Sizing Survey
The League of Minnesota Cities is surveying members to determine the interest in
and sizing of a League infrastructure pool to provide long-term, tax-exempt
financing to member cities for the next three years. The League Board of
Directors endorsed this new pool at its May 29, 1986 meeting.
We ask that you complete the enclosed Bond Survey by July 14, 1986 and mail to:
Donald A. Slater
League of Minnesota Cities
183 University Avenue East
St. Paul, MN 55101
If you have any questions regarding the proposed pool or the survey please call
either Tom Grundhoefer, Stan Peskar, or Joel Jamnik at the League office (612)
227-5600.
The time to complete the survey is quite short, but the survey is needed to size
a bond issue for the pool. The bond issue is expected to be sold prior to
September 1, 1986.
Enclosed with this mailing is: 1. The bond survey;
2. General information regarding the pool;
3. Commonly asked questions and answers
regarding the pool.
Informational meetings to discuss the pool and the survey are being held at the
following locations:
Date Time Place
July 8, 1986 10:00 am - 12:00 Noon Bloomington City Council Chambers
(2215 W. Old Shakopee Road)
July 9, 1986 10:00 am - 12:00 Noon Brainerd City Council Chambers
(501 Laurel Street)
- OVER -
1 83 university avenue east, st. paul, minnesota 551 01 (61 2) 227-5600
Mayors, Managers, Clerk, and Finance Officers
Page 2
June 26, 1986
The completion of the survey does not obligate you to use the pool. The survey
is to help size the pool's bond issue. We will forward to you in approximately
ten days a participation agreement to be approved by your city council. If you
choose to execute the participation agreement, it will also help in sizing the
pool issue, but it does not commit the city to borrowing from the pool if later
circumstances make it disadvantegous for the city.
Attachments
TG:lw
I
League of Minnesota Cities
Proposed League Infrastructure Pool Bond Survey
Name of City:
Address:
Contact Person:
Telephone:
1. Assuming an acceptable interest rate on the city bonds and approval of your
application by the credit provider, what amounts might you expect to borrow
from the pool during the period listed on the attached sheet? Please list
the borrowings in the calendar year in which actual expenditures are
expected to occur.
2. In addition to the amounts listed on the attached sheet, what are the
amounts of your city's outstanding debt that you might consider refinancing
under this pool? Due to legal limitations, please only include the amounts
of outstanding issues which are callable prior to October, 1989.
3. A. Do you have an interest in variable rate borrowing: Yes
No
B. If "Yes" to A above, what proportion of your total borrwoing is likely
to be at fixed and variable rates?
Fixed rate
Variable rate
4. The League of Minnesota Cities proposed League infrastructure pool
appreciates your cooperation in completing this survey and request that it
be returned by July 14, 1986 to:
Mr. Donald A. Slater
League of Minnesota Cities
183 University Avenue Fast
St. Paul, MN 55101
If you have any questions regarding the program or the completion of this
survey, please feel free to contact Tom Grundhoefer, Stan Peskar, or Joel Jamnik
at the League office (612) 227-5600.
Date: Signed:
Name, Title
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EHLERS AND ASSOCIATES, INC.
FINANCIAL SPECIALISTS
FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS, MINNESOTA 55402 339-8291 (AREA CODE 612)
VOLUME 32 NUMBER 3
FILE: Financial Specialists: Ehlers and Associates, Inc.
Please distribute to governing body members
June, 1986
TAX REFORM
On May 7 the Senate Finance Committee unanimously approved a sweeping tax reform bill which will likely
be altered on the Senate floor before it will go to the Conference Committee. The bill's defeat is unlikely,
due to the President's strong support, and will likely emerge in late summer or early fall.
The bill excludes municipal bond interest earnings from income in calculating individual taxpayers'
minimum tax. In fact, governmental purpose bonds by state and local governments have not been
drastically affected which is substantially different from House Resolution 3838. H.R. 3838 provides a
maximum tax rate of 38%, while the maximum rate is 27% in the Senate version. Currently the maximum
rate is 50%.
IMPLICATIONS FOR TAX-EXEMPT MARKET
Investors are having difficulty pricing the impact of tax reform since both measures are so different. This
confusion has slowed the demand for tax-exempt securities. However, the supply of tax-exempts coming
to market has increased. Together these two factors have increased tax-exempt interest rates in recent
weeks and made tax-exempt bonds especially attractive for individual investors when compared to U.S.
Treasury Bond yields.
In the 1970's the average 20-year tax-exempt bond yields were 70% of the 20-year U.S. Treasury Bond
coupon rate. In the late 1970's the difference rose to around 85%, and by 1982 and 1983 it was 90 to 95%.
During 1985 the difference dropped 80 to 85%. Currently municipal bonds trade very close to U.S.
Treasury Bonds and recently have been 110% of Treasury yields. Overall, however, in absolute Lerms
tax-exempt interest rates are lower than 1985 rates.
QUALIFIED TAX-EXEMPT OBLIGATIONS
To give your tax-exempt obligations an edge in marketing we recommend that you properly structure your
bond issues so you can designate the bond issue as a "qualified tax exempt obligation." In order to qualify
the bonds must be:
1) Issued in 1986, 1987 or 1988.
2) An "essential purpose bond".
3) Acquired by a bank located in the same state as the bond issuer.
4) Not exceeding a total of $10,000,000 in one year or issued to finance a project
where the principal amount of bonds being issued for the same purpose does not exceed
$3,000,000.
H.R. 3838 provides that banks may deduct 100% of the interest earnings for federal income tax purposes on
"qualified tax-exempt obligations." Currently banks can only deduct 80% of the interest earnings for
federal income tax purposes.
MUNICIPAL REBATE PROVISIONS INCLUDED IN TAX REFORM
The Senate proposal includes arbitrage rebate provisions for similar municipal bond issues by a community
if they exceed $5,000,000 within one year. This rebate provision applies to the construction account,
sinking fund and debt reserve fund and is also included in the House version. Large issuers will be severely
affected and should contact their Congressmen for support in modifying this proposal.
ROBERT EHLERS' REPORT ON COMPETITIVE BIDDING FOR THE
LEASE PURCHASE OF PUBLIC BUILDINGS
Recently Robert Ehlers, Founder & President Emeritus of Ehlers and Associates, completed a report
detailing the advantages of a competitive sale for the lease/purchase financing of the Cass County
Courthouse Annex in Fargo, North Dakota and a law enforcement center for Clay County in Moorhead,
Minnesota. Many underwriters have said that lease/purchase agreements are too complicated to be bid
competitively. Competitive bidding allowed both counties to free themselves from the constrictions and
extra costs associated with privately negotiated bond sales. This report, by Robert Ehlers, provides helpful
insights into the lease/purchase of many municipal facilities. A free copy is available upon request.
Very truly yours,
EHL RS AND ASSOCIATES, INC.
even F. Apfel c r
Director-Senior i President
SUMMARY OF AREA BOND SALES
BondBond
Met Buyer Met Buyer
Runiciuslitr Data Tree of bonds Mount Maturity Rate Inde. Rating 1Nnicioelity Oat. Type of Bads Mxwnt Maturity Rate Inde. Rating ^
I- Grand Marais 04/09/96 Gross Revenue Rec...61 315M 1987-1997 7.48% 1.151, MR
Facility Bonds
urlk
Oerton 03/03/96 G.O.Street Improv96
e,ent Bonds 24M 19 -1995 9.101 6.98% M I.S.D.0347(Willnwr) 04/09/% G.O.lax Antic.Cert.of Indebt. 2,570M 1981 S.Ir1 7.15% M
Dunker on 03/03/86 G.O.Tnprovesent Bands 1504 1987-1996 7.13% 6.9B% MR I.S.D.0255 04/10/86 G.O.tax Antic.Cert.of Indebt. 485M 1981 5.I11 7.151 MR
Monona 03/03/86 G.O.Seer Inproueeent Ron& 365M 1%/-19% 6.%1 6.98% M (Pine Island)
goarie 03/05/96 G.O.Bondi 52SM 1%7-1998 7.02% 6.98% M Monticello 04/14/86 Sewer Interceptor Tax Bonds 1,050M 1989-2002 6.12% 7.25% A
State Board of Regents 03/13/86 Idea Memorial Union Re-Balls 9,0001 1987-2009 6.16% 6.88% A/M Breckenridge 04/15/86 G.O.Refunding Improvement Bonds 420M 1987-2001 6.77% 7.25% Baa-1
State of Iona Cold Spring 04/IS/86 G.O. Llprouement Bonds 6901 1988-1991 6.52% 7.25% Baa
Dallas Center 03/18/86 G.O.Essential Corp.Perp.Bonds 975M 1988-2004 7.79% 6.89% M I.S.D 099(Esko) D4/15/86 G.O.Tax Antic.Cert.of Indebt. 295* 1981 5.22% 7.25% MR
Merton 03/25/86 S.D.Bonds 4,2501 1987-2001 6.891 7.341 A-1 North St.Paul 04/21/86 G.O.Improvement Bonds 825M 1987-2003 6.41% 7.16% A
Moulton-17de11 C.S.D. 03/26/86 G.O.School Building Bonds 7901 1994-2003 7.55% 7.34% MR Lek,City 04/12/86 G.O. IW.uement Bonds 49SM 1987-19% 6.20% 7.16% Baa-1
Cedar Rapids 04/01/96 G.O.Bartz 2,90011 1987-1994 5.SBL 7.21% Aaa Metropolitan Transit 04/22/86 Ta.Anticipation Certificates 11,6001 1987 4.35% 7.16% MIG-1
Gladbrook 04/02/86 S.D.Street olprovenent Balls 3301 1988-1997 6.77% 7.21% M Connission
Eagle Grove 04/07/86 G.O.Bonds 3DOM 1987-1996 6.491, 7.15% M Norman County 04/22/86 G.O.Drainage DItO lanes 310" 1986-199/ 6.19E 7.16% A
Elkhart 04/07/86 G.O.Corporate Purpose Son& )ISM 1906-2001 7.31% 7.15% Me I.S.D.9453 04/28/86 G.O.Ta.Antic.Certs.of Indebt. 330M 198I 5.19% 7.22% M
=1 Lake Mills 04/08/86 Electric Revenue Bonds 5501 1908-2000 7.32% 7.15% A (East Chain)
City 04/15/86 Parking Systee Revenue Bads 1,5/5M 1%7-2001 1.841 7.25% Baa-1 Wanamingo 04/28/86 G.O.Sewer Bonds 285M 1988-2004 7.09% 7.22% M
Mcrth-od 04/15/66 G.O.Corporate Purpose Bads 2501 1987-1999 6.89% 7.25% Me Hutchinson 04/29/86 G.O. Tp--t Bonds 1,07504 1988-199/ 6.11% 7.22% A
Des Moines 04/21/86 G.O.INP rovexnt Bonds 11,26504 1988-2005 6.68% 7.16% Asa
Webster City 04/21/96 G.O.Corporate Purpose Bads 575M 1987-19% 6.22% 1.16% A
Fort Dodge 04/29/86 G.O.Corporate Purpose Bonds 950H 1987-1996 5.19% 7.22% Aa Wisconsin
Hartford 04/29/86 G.O.Daprovement Tax Bads 325M 1987-20DI 7.20% 7.22% M
Buffalo Center 04/30/86 G.O.Bads 265M 1987-1996 6.27% 7.22% M Richland Center 03/06/86 G.O.Corporate Purpose Bonds 950M 1967-2000 6.SB% 6.98% A
Manitowc county 03/18/86 G.O.Corporate Purpose Bonds 3,17511 1988-2000 6.79% 6.89% A-1
Medford School District 03/18/86 School District Unitd.lax Bond, 3,SOM 1999-2006 1.261 6.89E A
Minnesota Sheboygan County 03/18/86 G.O.Pron,ssory Notes S,[OM 1986-1995 6.IBL 6.89% N
Dresser 03/21/96 G.O.Sewer Refunding Rev.Bads 230M 1%7_2(01 7.98% 6 89% M
I.S.O.0191 (Brainerd) 03/03/% G.O.Tax Antic.Certs.of Indebt.3,II0M 1%1 5.891 6.98% M New Berlin 03/25/86 G.Om
.Pro 'Sony Notes 1,325M 1987_1995 6.95% 7.34% A
Forest lake 03/03/86 G.O.Lprorelent Bands 565. 1988-19% 6.45% 6.99E Baa-1 Green BaY 04/02/86 G.O.Pronissory Notes 1,90(* 1989-)9% 6.68% 1.21% Aa/M
I.S.D.093(Carlton) D3/04/86 G.O.Ta.Antic.Certs.of Indebt. 32504 1%7 5.%% 6.98% M Green Bay 04/02/86 G.O.Corporate Purpose Bonds 3,7501 1997-2005 6.691, 7.21% ALM
Rosellomt 03/04/86 G.O.Ann i cipal Building Bonds 1,3DM 1989-2002 6.5M1 6.98% A Milwaukee County W/./66 G.O.Corporate Purpose Bonds 17,45M 1987-2001 6.63% 7.15% An/M-
Chisago County 03/06/86 G.O.Grant Anticipation Bads 3004 1988 5.55% 6.98% A South Milwaukee 04/10/86 G.O.Corp.Purpose If—Note, I,23M 1981-19% 5.87% 7.15% A
Richfield 03/10/86 G.O.Storm Sher Revenue Bads 2,5258/ 1988-2007 6.501 6.89% M Blackhawk ft.Tech. 04/14/86 G.O.Promissory Notes 4204 1%7-1994 6.95% 1.25% M
I.S.D.0601(Foston) 03/11/86 G.O.Tax Antic.Certs.of IMebt. 3904 1%i 5.58% 6.BBL M d Adult Ed.Dist.
I.5.D.0112(Chaska) .03/13/66 G.O.Tax Antic.Certs.of Irldebt. 1,2504 I987 5.52% 6.Bn M Glendale 04/14/86 G.O.Promissory Motes B1M 1988-1995 5.671 7.251 M
I.S.D.0118 03/13/86 G.O.Tax Antic.Certs.of Irdebt. 36504 1%7 5.371 6.88E M Portage County 04/15/86 G.O.Promissory Notes 2,055M 1%7-19% 5.62% 7.25% Aa
(Ramer-Lolrgvi lle) West Allis 04/15/86 G.O.Promissory Motes 1,5001 1%1-19% 5.15% 7.25% A-1
I.S.D.0393(LeSueur) 03/11/86 G.O.lax Antic.Certs.ot Indebt. 38011 7%7 5.47% 6.89% MR Oshkosh 04/17/96 G.O.Corporate Purpose Bonds 1,05M 1%1_2000 5.99% 7.25% A-1
I.S.D.0861 Who e) 03/17/86 G.O.Tax Antic.Certs.of fndebt.2,0904 1981 5.42% 6.89E M Oshkosh 04/17/86 G.O.P-issory Motes 1,36M 1%7-19% 5.12% 1.251 A-1
Mrendale 03/11/86 G.O.IaproveMnt BonOs 495M 1%1-19% 6.251 6.891 Baa Ali- 04/24/86 G.O.Promissory Notes 1,335M 1%7-1996 6.711 /.161 M
Spacial Intenaediate 03/19/96 G.O.Tax Antic.Certs.of Indebt.1,60M 1987 5.97% 6.891 M .Zanesville 04/28/86 G.O.Corporate Purposed 2,%504 1981-19% 5.721 7.221 A
S/0 DAL to Bear Lake)
Mora 03/25/86 G.O.Tax Incraent Bads 8104 1987-1998 6.64% 7.34% Baa Pronissory Notes
I.S.D./762(Bagley) 03/31/86 G.O.Tax Antic.Certs.of Indebt. 45M 1%7 5.34% 7.21% M
I.S.D.0126 04/01/86 G.O.Tax Antic.Cert.of Indebt. 3601 1981 5.23% 7.21% M North Dakota
T."
CitY)
I.S.D.9656(Faribtuit)04/07/86 G.O.Tax Antic.Cert.of Indebt. 1,99M 1%/ S.2M1 7.15% M Northwood Publ i<School 03/0//86 C.O.Refunding Bonds 6204 I%7_)997 6.57% 6.98E M
I.S.O.4631 04/07/86 G.O.Tax Antic.Cert.of Indebt. 2,09511 1%7 5.32% 7.15% M g1,strict W. 129
(Forest Lake) Biplerk Wblic 04/16/86 G.O.School Building Bonds 9'e" 1904.[006 7.12% 7.25% A-1
(St.Anthony)I.S.O.0282 01/07/86 G.O.lax Antic.Cert.of Indebt. 1,3004 1%7 5.10L 1.15% M School Dist.01
.aple Lake 04/07/86 G.O.leprovelnt Bonds 3504 1988-1997 6.60L 7.15% M
WB hated OV07/86 G.O.Disposal Systee Bads SM 1909-1996 6.40% 7.15% Bea Michigan
Wiested040//86 G.O.Grant Anticipation Bads 1,2004 1998 5.53% 7.15% Baa
serdlyohi Ce1nty OVOB/86 G.O.Grant Antic.Refad.Bonds 65M 1987 5.391 7.15% A-1 Marquette Board of 04/29/86 Electric Utility System 4,I00M 1987 4.66% 1.22% AMBAC
Light d Peer Revenre Notes
association of
metropolitan
municipalities
June, 1986 183 University Ave. East, St. Paul, Minn. 55101 NO. 26
AMM Annual Meefing
- 1986
This, the twelfth Annual Member-
ship meeting of the Association of
Metropolitan Municipalities was by
any standard, a very unique and
exciting event. Held on the Jonathan
Padelford,while cruising the Missis-
sippi River, the business portion of
the annual meeting attended by some
140 officials and guests representing
40 member cities was brief and to the
point. Retiring boardmembers were
honored and presented with Certifi-
cates of Appreciation. They were
Ron Backes,St. Louis Park Council- s
member and AMM Past President;
Sharon Sayles Belton, Minneapolis ,.,
Councilmember; Jim Miller, Minne- � r
tonka City Manager and current LMC
President; Pat Hoyt Neils, former
Plymouth Councilmember; and Bob IN
Sundland, St. Anthony Mayor. The
nominating committee report was President Jim Scheibel—Addressing Delegates
presented by Inver Grove Heights
Mayor Bill Saed and the new officers lities has an important role to play. our metropolitan agenda.Thank you,
unanimously elected (story on page Being part of local government is too,for the care with which you have
2). particularly exhiliarating because it worked to shape the future of our
President Scheibel,whose creative is government to which people have metro area."
idea it was in selecting the meeting direct access. We see and feel the As his last official presidential act,
location, addressed the delegates problems of people every day. We Jim Scheibel congratulated incoming
about the happenings and highlights are in the position to be most chal- President Bob Thistle and relin-
of the past year for the AMM. He lenged and most rewarded by seeing quished the gavel as well as the
stated,"We have had some legislative direct results. The consortium of meeting. In his first act as AMM
successes,most notably with regard perspectives and the shared thinking President, Mr. Thistle presented Jim
to local government aid and the that is facilitated through the Associ- Scheibel with a plaque containing
metropolitan agencies reform bill." ation of Metropolitan Municipalities the Athenian Oath and warmly con-
"During the course of the year, I is critical to our growth as govern- gratulated him for his excellent and
have observed the potency that is mental professionals." creative service to the AMM.
generated when a spectrum of people President Scheibel concluded with, After a few brief remarks by Presi-
sharing common interests—if not "My experience affirms the convic- dent Thistle, the essence of which is
always common opinions—work to- tion I have long held, that the Twin found in the President's Corner else-
gether. We have confronted issues Cities metropolitan area has an un- where in this newsletter,the meeting
ranging from airport noise to econ- usual resource in the quality of was officially ended. The delegates
omic developmentto housing to local people who chose to involve them- then enjoyed the remainder of the
authority, and what has emerged selves in government, whether in cruise topside underthe stars,enjoy-
has been, I think, visions grounded elective or staff capacity. To those ing refreshments and the music of
in practicality." with whom I have worked this year, the Misssissippi Minstrels Dixieland
He continued by adding, "The As- thank you for your competent, crea- Band.
sociation of Metropolitan Municipa- tive and innovative approaches to
AMM Officers Elected for 1986-87 Graduate School of Banking at Rut-
gers University, as well as many
banking and professional seminars,
Bob Thistle Neil Peterson which included the Senior Bank Man-
agement Seminar at Harvard Univer-
sity. Neil served the Norwest Banks
in various capacities in Iowa and
Minnesota with primary emphasis in
the area of commercial lending and
loan administration.He spent time in
equipment leasing and his last assign-
ment was as a Senior Lending Officer
in one of their major metropolitan
affiliates. In 1980, Peterson resigned
his position at Norwest Bank and
started a new export trading company
that specialized in agriculture pro-
ducts, primarily registered Holstein
dairy cattle, to markets in Asia and
President the Middle East. As an entrepreneur
and originator of this unique agricul-
Robert Thistle, Coon Rapids City Vice-President ture export specialty, the Minnea-
Manager, was elected President of He represented Flint in the Metro- polis/St. Paul International Airport
the Association of Metropolitan Muni- politan Alliance of Municipalities and continues to be recognized as one of
cipalities for the 1986-87 year at the served on a Governor's Task Force the most active airports for the ex-
Annual Meeting held May 21, 1986. in Iowa to review state efforts to portation of cattle and Neil continues
Chosen for Vice-President was Bloom- assist municipalities.Bob has served to function in a limited administrative
ington Councilmember Neil Peter- on the AMM and LMC Revenue Com- capacity in those activities.His cattle
son. Also elected were nine Board mittees for many years. He is Chair- exportation business, however, was
Directors. man of the LMC Local Government not exempt from the depression that
has plagued all agriculture and agri-
Y ,
Bob Thistle, elected to the AMM Aid Technical Committee and past
Board of Directors in May of 1980 Chairman of the AMM Revenue Com-
culture exporting 9 industries.Hethere-
,
has been actively working with the mittee.Heserves on the LOGIS Exec- fore rejoined the financial community
League of Minnesota Cities, City utive Committee and through his in 1985 as a Vice President with the
Managers Association, LOGIS, and Board tenure has represented the consulting firm of Evensen Dodge,
the AMM Board and committees AMM on various ad hoc committees Inc.,an independent financial consul-
since his arrival in Minnesota in July and Task Forces dealing with Metro- tant to municipalities,state,and local
of 1979 as the City Manager for politan Issues. As AMM President governments.
Coon Rapids. Bob was born and for the next year, Bob will also serve Nine officials were elected to serve
raised in Detroit, Michigan and on the Executive Committee and on the Board of Directors, eight for
earned his undergraduate degree continue his active role on the two-year terms and one for a one-
from Wayne State University. He Revenue Committee. year term. They are:
began his career in public service in Neil W. Peterson began serving as TWO-YEAR TERM
the City of Fenton Michigan, where a Bloomington City Councilman in Mark Bernhardson,Orono Administrator
Nancy Enright, Lakeville Councilmember
he was Administrative Assistant to 1978, havingbeen re-elected three
Walt Fehst, Robbinsdale City Manager
er
the City Manager. Later he became terms. He also serves as Commis- Ed Fitzpatrick, Fridley Councilmember
Deputy Director of Genesee County sioner on the Bloomington Housing Kevin Frazell, Mendota Heights
Model Cities Program and later and Redevelopment Authority, the Administrator
Director of that program.Bob joined Bloomington Convention Bureau,Bloom- Carol CouncJohnsilmember Minneapolis
Councilmember
the City Manager staff in Flint,Michi- ington Fine Arts Board, and liaison Jim Lacina,Woodbury Administrator
gan, as Budget Director in 1972. In to the Bloomington Human Rights Gerald Marshall, Brooklyn Park
1974,he became Deputy City Manag- Commission and various other com- Councilmember
er for budget administration for the missions and task force groups. He ONE-YEAR TERM
City of Flint. In 1976, he moved to was elected to the AMM Board in Larry Bakken,Golden Valley
Sioux City as Deputy City Manager May of 1983 and serves on the Re- Councilmember
for Community Development and in venue Committee,Metropolitan Sig- CURRENT BOARD MEMBERS
late 1978 became Acting City Manag- nificance Task Force, and By-Laws Mentor'Duke'Addicks, Minneapolis
er of that community for six months. Committee. Legislative Liaison
Wherever Mr. Thistle has lived and Neil has spent the majority of his Gary Bastian, Maplewood Councilmember
Robert Benke, New Brighton Mayor
worked he has taken a very active professional career in the financial Eldon Reinke,Shakopee Mayor
role in his community. In Flint, he community,primarily in commercial William Saed, Inver Grove Heights Mayor
served on the United Way Executive banking. Born in Broken Bow, Ne- Leslie Turner, Edina Councilmember
Board and was on Boards of Directors braska,Neil graduated from Hastings Maureen Warren,St. Paul Legislative
for Volunteer Centers and Poverty College, Nebraska with a B.A. in Liaison
Jim Scheibel,St. Paul Councilmember and
Agencies in both Michigan and Iowa. Economics and attended the Stonier AMM Past President
V
President's Corner includes. Policy Committees
• Being prepared to address pro-
posed changes in the state tax to Resume for 1987
distribution programs by 1)Clear- The AMM Policy yg our g � Committees will
by Bob Thistle I identifying goals and objec- y
resume meeting late this summer to
It is with pleasure that I assume tives,2)Maximizing the use of our begin development of new policy or
the role as President of the AMM for resources, both political and ad- changes to current policy for the
1986. 1 thank each of you forthe trust ministrative to achieve the goals 1987 legislative session.
and honor you have given to me by and objectives established by the Any member from any city may
electing me your President. With AMM membership,and 3)Develop- and is encouraged to volunteer to
your help and support, the Board, ing strategies for achieving these serve on a committee. If you are not
staff and I can make the challenge of goals and objectives. now part of a committee but would
the next year an opportunity for • Be prepared to pursue other goals
like to become a member of any
success. and objectives the organization r
o
,Vern
committee, contact Carol,
The AMM is a unique organization has established by its membership Roger at the AMM office at, Vern, o
for a major metropolitan area. It related to state legaislation and/or
0.
provides a forum for communities of metropolitan agency policies. Fiscal Disparities
great diversity and special separation • Continuing our efforts to expand p
to meet,discussand cometo consen- our municipal membership. The AMM Revenue Committee has
sus on issues that affect them mutu- • Establish working relationships and is continuing to meet regularly
ally. with other groups representing throughout the summer attempting
The AMM is also well respected by communities such as the outstate to hammer out Policy standards on
the bodies it seeks to influence. The coalition, unions, special metro the more controversial issues. The
State Legislature, the Metropolitan interest groups, etc. committee has already heard from
Council and other metropolitan agen- It is perhaps basic, but if we are Rep. Bill Schreiber and Charles
cies are often seeking our counsel clear in our objectives, we have the Weaver,original author of Fiscal Dis-
and views regarding proposals,ideas, resources within our organization to parities.There are 40 officials on the
and legislation. These are relation- achieve those objectives.The oppor- Revenue committee representing
ships which we must foster and en- tunities for 1986-87 are abundant. most of the significant contributor
hance. Our task is to identify them and to and gainer cities as well as many in-
1986-1987 will not be a year for the make them ours. betweens.They,as well as the Board
meek of heart. It would appear that of Directors, are committed to the
the next legislative session could The AMM would like to thank Miller- AMM airing the issues thoroughly
well be a watershed year for the Schroeder Financial,Inc.and North- and doing everything possible to
funding relationships of local govern- western Bell Telephone Company arrive at some major policy decisions
ment and State of Minnesota. The for defraying a portion of the costs that are supportable by a large major-
issue was succinctly stated in the for the Annual Meeting on the Jona- ity of cities for the 1987 legislative
summary of the 1986 Economic Re- than Padelford. session.
port to the Governor of the State of
Minnesota. The summary stated:
From 1967 to 1979 Minnesota has
pursued a policy of local tax
displacement which will be all but
impossible to continue throughout
the balance of the 1980's and into
the 1990's. Permanent structural
changes to the state income tax will w
force a re-evaluation of the proper
mix of all tax revenue sources and
the proper role of intergovernmental
transfer statements. Nothing short of
a comprehensive review of all tax
sources and their relationships to '
spending needs at both state and
local levels will put the state on a
long-term path of tax equity,
interstate competitiveness and ,,
AkL
stability. Such a comprehensive
review must recognize the changed
economic environment and be
based on a set of specific and long
term goals.
Our task will be to see that the
municipalities that we represent are
treated fairly and equitably through
this transition.
The major AMM focus for 1986-87
AMM Board of Directors the AMM Board of Directors in Febru-
ary 1986 by the Board and electedd to to
a full two-year term by the pat this member-
attending the University of Minne- ship y� ear's Annual Meeting.
sota.
}
I
4�
Ed Fitzpatrick
Ed Fitzpatrick is serving his fourth
three-year term on the Fridley City Gerald Marshall Duke Addicks
Council. From the beginning he has
served as Fridley's representative to JerryMarshall,an eleven year veter- Mentor C. "Duke" Addicks, Jr.
the Association of Metropolitan Muni- an of the Brooklyn Park City Council, joined the City of Minneapolis as its
cipalities and the League of Minne- is in his sixth two-year term. He legislative liaison in September of
sota Cities. In May 1985 Ed was currently serves as Mayor Pro-tem 1984. Prior to that he was in private
elected to the Board of Directors of and council liaison to the Housing law practice in Minneapolis where
the AMM. and Redevelopment Authority Board. he represented several associations
Before hisserviceon theCityCoun- Over the past years he has acted as and cities before the legislature and
cil, Mr. Fitzpatrick served five years Council Representative to the Plann- served as attorney for some smaller
as chairman of Fridley's Parks and ing, Park and Recreation, and Econ- cities,charter commissions and joint
Recreation Commission followed by omic Development Commissions as powers organizations.From October
two years as chairman of the Planning well as the Northwest Human Servic- of 1973 to August of 1984 he was the
Commission. All together, Ed has es Council, H.R.A. Housing Grant legislative counsel for the League of
served almost twenty years in signi- Board, Police Civil Service Com- Minnesota Cities where he authored
ficantpositions in Fridleycity govern- mission, Charter Commission, and the Handbook for Minnesota Cities.
ment. numerous special committees.Jerry Before that, beginning in April of
Ed has bachelor's and master's recently worked to establish the City 1970, he was the staff attorney for
degrees from the University of Min- Community Center,relocatetheArm- the Association of Minnesota Coun-
nesota and was a Minneapolis Public ory,and establish executive housing ties.He has represented local govern-
Schools English teacher for thirty along with a championship golf ments before the legislature for the
years, serving schools in Northeast course for Brooklyn Park. He is Past past sixteen years.
Minneapolis.At thetime of his recent President and a charter member of Duke was elected to the AMM
retirement he was teaching at Edison the Brooklyn Park Jaycees and has Board of Directors in May 1985 and
High School. been active in coaching and umpiring serves on the AMM Revenue Com-
In June of 1985 Mr. Fitzpatrick was youth sports throughout the past 24 mittee. He also currently serves as a
presented a plaque in recognition of years. member of the panel of commercial
ten years' service on the District 13 Jerry has B.S. and B.A. degrees arbitrators of the American Arbitra-
(Fridley and Columbia Heights)Com- from the University of North Dakota tion Association.
munity Education Advisory Council. and is employed by First Brokerage Born in Minneapolis,and a lifelong
During Councilman Fitzpatrick's Company food brokers in Minne- Twin Citian,Duke received his under-
tenure on the Fridley City Council tonka where he has been Vice Presi- graduate and law degrees from the
the park and recreation programs dent and Sales Manager for 14years. University of Minnesota and also
have expanded with the addition of He and wife Audrey have two teenage earned a M.A. degree in the cross-
Springbrook Nature Center and Frid- children—one girl and one boy. Be- cultural study of myth and religion
ley Community Park, an outdoor sides his interest in and enjoyment from the United Theological Semi-
recreation facility with six lighted of sporting events, he is an active nary of the Twin Cities.
ball fields. Mr. Fitzpatrick has been a softball player, hockey enthusiast, A professional storyteller,Addicks
constant advocate of City participa- and accomplished accordian player, gives his popular Stories in the Stars
tion in Community Education, fund- often entertaining at neighborhood programs frequently at the Science
ing for human services organizations, and family events. Museum of Minnesota, throughout
and programs for senior citizens. He For the past several years, Jerry the Minnesota State Parks and at
has supported redevelopment efforts has been his city's official represen- planetariums, colleges, schools, Ii-
in the City ranging from low income tative to the League of Minnesota braries, campfires and banquets.
housing to office buildings and indus- Cities and the AMM. He has been an He is married to former LMC legis-
trial parks. active participant,most recently serv- lative counsel, Peggy Flicker. They
Ed and his wife Charlotte have ing on the AMM Housing policy live in St.Paul with their four children,
four sons, the youngest of whom is committee. Jerry was appointed to including an infant son.
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City of
BU RNSVI LLE
1313 East Highway 13, Burnsville, Minnesota 55337 612/890-4100
June 17 , 1986
City of Shakopee
129 East list Avenue
Shakopee , MN 55379
Attn: Mr . Ken Ashfeld
City Engineer
Re: Lower Minnesota River Watershed
District Chapter 509 Report
Dear Mr . Ashfeld:
The City Council of the City of Burnsville, authorized the mayor
to sign the attached letter. The purpose of the letter is to
point out to the Lower Minnesota River Watershed District , the
shortcomings of their Draft Watershed Plan. I am also attaching
a copy of the Draft Outline of the 509 Plan Content that is
promulgated by the Water Resources Board. As mentioned in the
mayor's letter , the notes in the outline show where the watershed
plan fails to meet the Water Resources Board requirements.
The mayor's letter is directed to Mr. Russell Sorenson, President
of the Lower Minnesota River Watershed District. Note that
Burnsville is volunteering to cooperate with the District to
provide all the necessary information to assist the Lower
Minnesota River Watershed District in formulating a complete
plan. Your organization may want to contact Mr. Sorenson, as
well .
Sincerely,
CITY OF BURNSVILLE
C . 4,
C . A. Siggerud, P.E.
Director of Public Works
CAS/lmg
enclosure
10
City of
BURNSVILLE
1313 East Highway 13, Burnsville, Minnesota 55337 612/890-4100 a.
June 17 , 1986
Mr . Russell A . Sorenson , President
Lower Minnesota River Watershed District
Warrior Office Building
Burnsville , MN 55337
Re : Lower Minnesota River Watershed
District Chapter 509 Report
Dear Mr . Sorenson :
Thank you for forwarding a copy of your report to the City of
Burnsville. Pursuant to Minn. Statute 473 .878 , Subd. 5 , this
letter contains the City' s official comments . It has been
approved by motion of the City Council .
Your organization is to be commended for its effort in improving
the channel of the Minnesota River. Your plan clearly identified
this as your principal goal. Laws 1982 , Chapter 509, of course,
imposed additional duties upon your organization concerning the
management of surface water. We have compared your draft plan
with the second draft of the "Outline of 509 Plan Content
Guidelines" prepared by a committee working with the State Water
Resource Board. A copy of that guideline is enclosed which we
have marked up to indicate where additional information is
needed. A "Yes" means that the information is included. A "No"
means that the information is not included. Other marks are
self-explanatory .
Generally, our conclusion is that to make a worthwhile document
that meets the requiremenz�s of the statute a great more detail is
needed. For example , storm water control devices such as ponds
and storm sewer, both in place and future, need to be identified
as to location and size. In order to do this , the quality and
quantity of surface water run-off must be stated. The Capital
Improvements Program deals only with channel improvements and
does not concern itself with future storm sewers that may have to
be constructed. These kinds of information , to name a few , are
needed for any kind of meaningful surface water management plan.
The City of Burnsville stands ready to provide the necessary
information to assist the Watershed District in formulating a
complete plan .
We are taking the liberty of submitting a copy of this letter and
its attachments to the Water Resources Board .
Sincerely yours ,
ieLMorrison ,' Mayor
City of Burnsville
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VAN POOL OPERATIONS REPORT
Van Pool Vehicle # cf Subsidy
Admin. Rental Revenue Net Income Pass per
Month Expense Expense Collected (Loss ) Trips Pass Trips
Sept-
Oct 781 . 36 2982 . 40 1454 . 61 2309 . 15 2553 . 90
Nov. 468 . 28 2410 . 78 1239 . 67 1639 . 39 2152 . 76
Dec. 1243 . 80 2460 . 01 981. 77 2722 . 04 1899 1 . 44
Jan. 257 . 11 2524 . 08 1436 . 84 1344 . 35 2385 . 56
Feb. 243 . 79 2592 . 67 1263 . 35 1573 . 11 2111 . 75
Mar. 270 . 53 2518 . 60 1534 . 60 1254 . 53 2068 . 61
Apr. 311 . 35 2490 . 81 1612 . 63 1189 . 53 2425 . 49
May 220 . 41 2572. 36 1315 . 77 1477. 00 2206 . 67
June 373 . 67 2413 . 97 821. 98 1965 . 66 1709 1. 15
July 185 . 69 2145 . 51 1171. 42 1159 . 78 2111 . 55
Aug. 279 . 75 2582. 91 836 . 06 2026. 60 1992 1. 02
Sept. 572. 96 2610 . 57 762. 66 2420 . 87 2239 1. 08
Oct. 421. 86 2849 . 90 1284 . 92 1986 . 84 2554 . 78
Nov. 556 . 69 2875 . 05 960 . 90 2470 . 84 2209 1. 12
Dec. 866 . 47 2928.72 835 . 94 2952. 25 2032 1 . 46
Jan. 371. 03 2857. 84 1188 . 34 2040 . 53 2426 . 84
Feb. 309 . 36 3041. 26 925 . 96 2424 . 66 2275 1. 07
Mar. 604. 97 2989 . 98 952. 72 2642. 23 2184 1. 21
Apr. 442. 76 2756 . 53 657 . 14 2542. 15 1968 1. 29 1.
May 193 . 00 2840. 34 649 . 41 2383 . 93 1991 1. 20
TOTAL 8971. 84 53 ,444 . 29 21886 . 69 40529 . 44 43489 . 93
1986
year to
date 1921. 12 14485 . 95 4373 . 57 12033 . 50 10844 1. 11
1985 4557 . 28 31105 . 15 13837 . 07 21825. 36 26041 . 84
1984 2493 . 44 7853 . 19 3676. 05 6670 . 58 6604 1. 01
1. We should see a drop in the subsidy per pass. trip in June due to the
elimination of one van pool. We currently have five operating.
RECOMMENDATIONS
FOR
CITY OF SHAKOPEE, MINNESOTA
$2,105,000
GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1986A
Study No. 3120
19 June 1986
SPRINGSTED Incorporated
SPRINGSTED INCORPORATED
d
Public Finance Advisors
85 East Seventh Place,Suite 100
Saint Paul,Minnesota 55101.2143
612.223.3000
19 June 1986
Mayor Eldon Reinke
Members, City Council
Mr. John Anderson, City Administrator
Mr. Greg Voxland, Finance Director
Shakopee City Hall
129 East First Avenue
Shakopee, Minnesota 55379
RE: Recommendations for the Issuance of $2,105,000 General Obligation
Tax Increment Refunding Bonds, Series 1986A
We have prepared these recommendations as a supplement to the
recommendations received by the Council on June 3, regarding the three new
money issues. At that some meeting, the City also set a sale for the refunding
bonds with bids to be received on July I, at the some time bids are received on
the other three offerings.
On December 2, 1984, the City sold $2,490,000 General Obligation Tax
Increment Bonds, Series 1984A. Those bonds carried a net interest rate,
including the discount, of 9.401%. There is currently $2,105,000 of the
original principal remaining with a net interest rate on the annual coupons of
9.24%. Current market conditions indicate that the bonds could be refinanced
at this time at about 2% interest savings, or approximately 7.19%. The
original bonds are not callable until February I, 1991, and therefore a
refinancing constitutes an "advance refunding." Since about 1976, the Internal
Revenue Service has attempted from time to time to restrict the ability of
municipalities in advance refunding their bonds. The principal reason for this
is the Treasury's argument that the Treasury is hit three times for a single
project. The initial tax-exempt bonds issued to finance the project provides no
revenue to the IRS. A second issue, to refund the bonds, doubles the problem
until the initial issue is called. The third ingredient is that the proceeds from
the refunding issue are invested in taxable securities; however, because the
municipality is the owner of the securities, no taxes are again paid to the IRS.
With these arguments in hand they have gone to Congress in an attempt to
curtail or restrict the use of advance refundings. The effect has been to
reduce the savings that can be accomplished and to increase the expenses of
undertaking the refunding. If the Senate version of the Tax Reform Bill,
entitled HR 3838, is enacted, it may become extremely prohibitive for any
future advance refundings. This may be the last opportunity to still undertake
an advance refunding and realize a respectable savings.
Exhibit I of these recommendations is a discussion of how advance refundings
work. We recommend your review of this exhibit as it does carefully define
City of Shakopee, Minnesota
19 June 1986
Page 2
some of the terms and how the procedures work. Obviously, advance
refundings are sensitive to interest rate adjustments. We have calculated that
a swing in interest rates of one-half percent, either up or down, will affect the
amount of front money required by approximately $30,000, and will affect the
amount of savings by approximately $39,000. Other factors which affect the
final savings include the price that must be paid to acquire the unrestricted
portion of the escrow account. We are currently looking at Federal Home
Loan Bank, (FHLB) securities and Treasury notes. The price of government
securities do not necessarily move in the some direction or speed as the tax-
exempt market. The numbers used in our calculations are based on prices as
of June 6.
The total front money required is approximately $301,000, assuming a net
interest rate of about 7.19%. We have been advised that the money is
available and the issue has been restructured to reduce the annual debt service
in each year by approximately $40,000 per year. This is shown in Exhibit II.
The total savings on this schedule is approximately $186,000, or about 13.5%
of the outstanding interest on the bonds. This savings is after subtracting out
the costs of front money, which includes all of the costs of issuance and
expenses related to the refunding.
Bids for the bonds will be received at 11:30 A.M. and then presented to the
Council at your meeting that evening for action. During that afternoon
period, SPRINGSTED Incorporated will calculate the savings and amount of
front money required in order to enable the City to make a judgement as to
the acceptability of the bids. As you can see from Exhibit I, there are many
calculations that must be made prior to being able to determine the success of
the refunding. At the meeting for award of the sale, SPRINGSTED
Incorporated will provide an estimate which will be quite close to the final
results of the transaction. The government securities will not have been
purchased and are subject to fluctuations in the market. Those fluctuations
are usually quite minor, and we attempt to acquire the securities as soon as
possible after the sale so that any fluctuations can be minimized.
Respectfully submitted,
SPRINGSTED Incorporated
/dlr
EXHIBIT I
THE ADVANCE REFUNDING PROCESS
Advance refunding is the replacement of outstanding obligations (the "refunded bonds")
with new, lower interest rate obligations (the "refunding bonds"). The procedure is as
follows:
I. The proceeds of the refunding bonds are placed into separate escrow
accounts and invested in special treasury obligations called State and
Local Government Series ("SLGS"). The overall yield of the SLGS is
limited by arbitrage regulations to a rate "not materially higher" than the
true interest cost ("TIC") of the refunding bonds.
The TIC rate is different, and lower than the traditional net interest cost
("NIC") rate because the calculation of TIC excludes the costs of issuance.
This is a significant change resulting from the current tax reform
legislation. TIC formerly was permitted to include both costs of issuance
and underwriter's profit, permitting partial recovery of those costs. This
is one of the few provisions of the tax reform legislation that is in effect
prior to actual enactment.
TIC calculation also reflects the timing of the debt service payments and
the settlement date rather than the date of the bonds. The arbitrage
regulations define "materially higher" such that the overall yield on the
SLGS may actually exceed the TIC of the refunding bonds by a small
amount. The sum of the TIC and the amount by which we may exceed the
TIC is called the yield limit. This yield limit applies only to those
obligations acquired from the proceeds of the refunding bonds, the SLGS.
2. The outstanding bonds carry an NIC of 9.24% and the new bonds are
projected to carry an NIC of 7.19%. After excluding costs and making
calculations reflecting the timing of the payments the estimated TIC
becomes 6.96%. It becomes obvious that investment at 6.96% will not
repay a like amount carrying an interest rate of 9.24%. Therefore, an
additional amount of money must be put into the escrow account to
supplement the interest rate gap. This is part of what we refer to as
"front money." In addition, the front money includes accrued interest on
the old bonds from their last interest payment date to the date the escrow
account is established and the costs of issuance and underwriter's profit.
3. The investments in the escrow account are managed by an escrow agent
and as principal and interest on the refunded bonds become due, the
escrow agent makes the payment. The maturity of principal and interest
of the securities in the escrow account are structured so as to provide
funds in a timely manner for payments of debt service of the refunded
bonds. Creation of the escrow account for the refunded bonds discharges
them as an obligation of the issuer and so at that point they do not count
as debt.
4. At the first date of call for the refunded bonds the escrow agent calls all
refunded bonds for payment and the bondholders receive full payment for
their obligations.
5. The refunding bonds are paid from the some revenue stream as the debt
service of the refunded bonds was being paid.
6. When bids for the refunding bonds are opened SPRINGSTED Incorporated
will make computations as to:
a. The amount of savings,
b. The amount of front money,
C. The availability and price of unlimited yield securities,
d. The costs of issuance, including the underwriting profit, and
e. The permitted yield on the limited yield investments. The amount
of front money and total savings is sensitive to changes in interest
rates. If the rate on the refunding bonds goes up, both the front
money requirement and the level of savings is reduced.
Conversely, if the rate of the refunding bonds is less the front
money and level of savings will increase.
7. Following the sale of the refunding bonds there are several levels of
comfort that the refunded bonds can be paid from the escrow account and
that the refunding bonds have been properly issued. These levels of
comfort include:
a. SPRINGSTED Incorporated's computation of the details discussed
herein.
b. An opinion by bond counsel that the refunding bonds comply with
all state and federal requirements.
C. An actuarial opinion by an experienced audit firm, certifying that
the investments in the escrow account securities, upon maturity
will pay, when due, all remaining principal and interest payments
on the refunded bonds through the date of redemption.
Prepared By: SPRINGSTED Incorporated
19 June 1986
op EXHIBIT II
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OFFICIAL TERMS OF OFFERING
$2,105,000*
CITY OF SHAKOPEE, MINNESOTA
GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1986A
Sealed bids for the Bonds will be opened by the City Administrator or his designee on Tuesday, July I,
1986, at 1 1:30 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh
Place, Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award of the Bonds will be by
the City Council at 7:30 P.M., Central Time, of the sarne day.
DETAILS OF THE BONDS
The Bonds will be dated July 15, 1986 and will bear interest payable on February I and August I of
each year, commencing February I, 1987. 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:
$175,000 1987 $140,000 1990 $175,000 1993 $210,000 1996
$120,000 1988 $145,000 1991 $185,000 1994 $225,000 1997
$130,000 1989 $160,000 1992 $200,000 1995 $240,000 1998
The City may elect on February I, 1994, and on any interest payment date thereafter, to prepay
Bonds due on or after February I, 1995. 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.
*ADJUSTMENT OF AMOUNT
The City reserves the right, after bids are opened and prior to award, to increase or reduce the
principal amount of the Bonds offered for sale. Any such increase or reduction will be in the 1998
maturity and will be in an amount not to exceed $50,000. In the event the principal amount of the
Bonds is increased or reduced, any premium offered by the successful bidder or any discount taken
will be increased or reduced by a percentage equal to the percentage by which the principal amount
of the Bonds is increased or reduced.
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 Tax Increment Financing District #1, the K-Mart Distribution Center
District. The proceeds will be used to refund in advance of their stated maturities all of the City's
outstanding bonds of its $2,490,000 General Obligation Tax Increment Bonds, Series 1984A, dated
November I, 1984.
TYPE OF BID
A sealed bid for not less than $2,083,950 and accrued interest on the total principal amount of the
Bonds shall be filed with the undersigned prior to the tirne 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 $21,050, 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. The City will deposit the check of the Purchaser, the amount of which
will be deducted at settlement. 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 made. Rates offered by Bidders shall be in
integral multiples of 5/100 or 1/8 of I%. No rate for any maturity shall be more than 1% lower than
any prior rate. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the
date of maturity. No bid may be conditioned upon award of any other offering of obligations by the
City. 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
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
Purchaser at a place mutually satisfactory to the City and the Purchaser. A single typewritten Bond
for each maturity may be provided at settlement, which Bonds will be exchanged for printed Bonds
within said 40-day period. Delivery will be subject to receipt by the Purchaser of an approving legal
opinion of O'Connor & Hannan of Minneapolis, Minnesota, which opinion will be printed on the Bonds,
and of customary closing papers, including a no-litigation certificate. On the date of settlement
payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the
offices of the City, or its designee, not later than 1:00 P.M., Central Time of the day of settlement.
Except as compliance with the terms of payment for the Bonds shall have been made impossible by
action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the
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 date of settlement, contain any untrue statement of a material fact or omit to
state a material fact necessary in order to make the statements therein, in light of the circumstances
under which they were made, not misleading.
OFFICIAL STATEMENT
Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor
prior to the bid opening. The Purchaser will be provided with 25 copies of the Official Statement.
Dated June 3, 1986 BY ORDER OF THE CITY COUNCIL
/s/ Judith Cox
City Clerk
TENTATIVE AGENDA
BOARD OF ADJUSTMENT AND APPEALS
Regular Session Shakopee, MN July 10 , 1986
Chairman Czaja Presiding
1. Roll Call at 7 : 30 P.M.
2 . Approval of Agenda
3 . Approval of June 5 , 1986 Meeting Minutes
4 . Other Business
5 . Adjournment
Judi Simac
City Planner
CITY OF SHAKOPEE
1.3
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN July 10 , 1986
Chairman Czaja Presiding
1. Roll Call at 7: 30 P.M.
2 . Approval of Agenda
3 . Approval of May 29th and June 5th, 1986 Meeting Minutes
4. 7 : 30 P.M. PUBLIC HEARING: To consider a Conditional Use
Permit to operate a commercial recreation use; a Bicycle
Motocross Track (BMX) upon the property located on County
Road 16 in the SW 1/4 of Section 5 and NW 1/4 Section 8 in a
Light Industrial Zoning District.
Applicant: David Fischer
Action: Conditional Use Permit Resolution No. 465
5. 7 : 45 P.M. PUBLIC HEARING: To amend City Code Section
11. 05 , Subd. 8 to allow non-family farm workers to live in
mobile homes on property.
Action: Recommendation to City Council
6 . 8 : 00 P.M. PUBLIC HEARING CONTINUED: To consider an
application for Preliminary and Final Plat approval of
Meriden Addition a replat of Outlot A, Prahmcoll Addition
and an application for rezoning this property from I-1,
Light Industrial to B-2, Community Business.
Applicant: Meriden Corporation
Action: Recommendation to City Council
7 . Discussion: Final Plat of Maplewood Townhouses lst Addn.
Action: Recommendation to City Council
8. Discussion: C.U.P. #273 - Gerold Mobile Home
Action: Reissuance of C.U.P. #273
9 . Informational: a) Update on helicopter C.U.P. ' s
10 . Other Business
11. Adjournment
Judi Simac
City Planner
i1_?�?'1?SnT4 M'Y 29, 1986
Chairman ^zaja called the meeting to order with Comm. Trane, Schmitt, Rockne,
Fomerenke, Foudray and VanMaldeghem Present. Also present were Ken Ashfeld,
,,ity yngineer and "..oucilmembers 7ierling, _,ebens, irampach, Leroux., and '_ayor
Reinke.
agenda was approved as written.
The focus of this workshop session between Planning Commission and City
Council members is the language in the Draft Metropolitan Development and
Investment Framework (l•E)IF) document. There will be a public hearing the
end of June regarding this document. The areas to be discussed are:
I Metropolitan Urban Service Area (NrJ.SA line)
II Classification as a Freestanding Growth Center
III Potential designation as a Regional Business Center
The City Planner explained the Y1DIF to the Commission and Council as a
planning document which Met council has prepared and goes to the year
2000 and sets policy for development, growth patterns and investment
policy criteria.
Discussion ensued on the Amendment to the Comprehensive Sewer Plan.
Comm. Schmitt asked what the Met Council's position would be if we were
to attempt to incorporate as far as the MUSA line all the way to County
Road 15, The City Planner answered that we can plan for it but we cannot
incorporate it because it is in Jackson Township and not Shakopee.
Comm. Schmitt stated that the development framework has to encompass two
things (1) the industrial, recreational community to get a development that
is balanced, (2) provide a reasonably broad cross-section of residential
community.
The Consensus is requesting extension of the TMUSA line to include the
portion of Jackson Township lying north of the by-pass. Discussinn ensued
on presenting this to the Met Council. Go ahead and pursue the full plan
amendment to the eastern City limits to the northern part of the by-pass
and work on documenting to get that. There will be a formal public hearing
on this subject on June 5, 1996.
Discussion ensued on Shakopee as a Freestanding Growth Center, advantages
versus disadvantages. Essentially what is meant is that the City has its
own employment, industrial base and separated from the developing area with
undeveloped land. Concern was raised that by maintaining the Freestanding
Growth classification that it may work against the city by highway systems
not coming together like they should. Tim Keen, speaking on behalf of the
Industrial Commerce Commission and the Transportation Coalition, stated that
Shakopee being a free standing growth Center as it is now basically cannot
have Metropolitan Sewer and be within the Metropolitan Transportation System
and yet still be a free standing growth center.
Shakopee =Manning `omzrission
i:ay 29, 1986
Page -2-
73chmitt/VanDIaldeghem moved for a 5 minute break at 9:00 p.m. "lotion carried
un an imous 1:y.
Discussion ensued on Cbakopee as a. regional 3usiness Concentration. `lie
`.etropolitan Council was asked how to get the-..t class i fi cation. Tim I'_een
stated that the real problem Shakopee has is transportation, particularly
;County Road 18 is a jurisdictional orphan. ?enn2pen county now has jurisdiction
over County 18 south of 494 and they do riot see the high priority of the county
road 18 bridge.
General consensus was to have the City Planner get more information as to
advantages and disadvantages to removing the classification as a Freestanding
Growth Center. The information that the City Planner gets will be discussed
at the City Council meeting on June 10, 1986.
Discussion ensued on the rental property availability ins Shakopee. There
should be some need for an inspection process for rental property.
Foudray/Lane moved to adjourn. Motion carried unanimously. Iieeting adjourned
at 10:05 p.m.
Judi Simac
Citir Planner
Carol Schultz
Recording Secretary
Vairman ^zaja called t meeting to order Pt 7:30 ;.7. Vth -ane,
7cohnE, —Dmerenve, wAray and Mvilaeghem pris=z, "=. Tchmitt was
ataenj, 11cp yr�z�nt yern ncl, jcbencz 'aVi M .wry, 'Ity Olarner; ind
-1�' -, niqr=9 - it: ' IministrAtar.
The agenfa was approved as written.
:he minutes of :.'ay 3, 193--, were approved as written.
:sere was no other business.
Pomerenke/Lane moved to adjourn, 7otinn carried unanimously. Keetinj
adjourned at 7:33 P-m-
Judi
City Planner
^arol Schultz
Recording Secretary
,., . 5 1936
Chairman 7zaja called the meeting to order at 7:33 p.m. with Comm. Lane, Rockne,
Pomerenke, Foudray and 7an:a1deg em present. Comm. Schmitt was absent. 11so
present were "ncl. Tobens; Judi Simac, City Planner; and John K. Anderson; 7ity
Administrator.
kn addition to the agenda under "other business" will be a discussion of the
Roy t arschall appeal.
The minutes of May 8, 1936 and ?`;ay 22, 1986, approved as written.
QV77 --- _ .G - fir: .DI_:G TH7 Z0_. . r KIP L 17-TIG ,,0-, BY ,;,vT"BLSHING '_
RACETRACK D ryT -LTD- 1 T'" - 7 -
Foudray/',ani•ialdeghem moved to open the public hearing. _Motion carried
unanimously. `
The City Planner reviewed the background of the .Racetrack District and PUD
u;iendments. The hearing will be open for public comments in regards to the
:RTD and P.U.D. Amendments.
Tim Thornton, 1221 Nicollet .fall, Lawyer representing Danny's construction,
addressed the Commission by saying that they think that downzoning Danny!s
Construction from I-2 to RTD is serious and they request to remain as I-2.
If the action is taken to downzone this property then Mr. Thornton said
that the only alternative would be is litigation.
Don Parrott, landowner, expressed concern over his property being split. He
was under the impression that his property would not be split. The have
asked not to be down zoned.
Bruce Nalkerson, Scottland Companies, stated that they have not been i"n
favor of any Racetrack District Zoning in any respect and they have filed
with members of the City Council and the Racetrack Development District
Committee a letter requesting that the property they have not be downzoned.
Kenneth Green raised concern over the effect that the rezoning might have
on the landowners and the restrictions that will be put on them.
toed 7oisington addressed Danny's construction request. ,Then the highway
goes through it will change Danny's construction quite dramatically and that
it would best represent the entire areas interest to have it in the racetrack
district. It will restrict the uses of the property to the degree that they
cannot expand beyond what they are currently doing.
Fred Hoisington said that in regards to the Parrott property it is his
recommendation that the property be split, however, there were comments
made at the prior planning commission meeting that the property not be
split.
_.� 7 '
�
Discussion ensued on the mailing; of the notices to the i,-iZdovrners regarding
these meetings. ? number of landowners rive not been receiving t-.e letters.
hairman "zaja stated that the Planning "ommission w _ll wor'- with staff to
try and find out t1he reason why landovmers are not getting their notices.
cudralT/'�omeren:�e ?roved to close the public hearing. ?-Lotion carried with
''om.: . 7_ane opposed.
Poudray/'?anr-aldeghem moved that the Racetrack District T)evelopment -Program
as proposed be accepted including the Parrott property be included, and
the ^'Brien property remain T-2. r)uestion was raised that if the �,' rien
property were excluded from the pI'D if it would create spot zoningIT
. T,r.
.-oisington replied that it would not create spot zoning. ',.otion fails with
7an7"aldeghem, -'oudray and Roc-:ne approved.
Iane moved to scale down the racetrack district to allow the district to
remain as is. Motion fails due to lack of 2nd.
Pomerenke/Poudray moved to recommend to City Council those sections following
11 .36; 11 .40; 11 .02, -";9; 11 .28; 11 .32, Subd; 3..; 11 .33, _,ubd. 3_T; 11 .20;
and 11.21 of the City rode be amended to provide for a Racetrack District and
other related amendments. I;otion fails with Czaja and Pomerenke approved.
Discussion ensued on why the Parrott property is proposed to be split.
_ir. TToisington replied that the Committee was trying to get residential
on the north side of 16 to interface with residential on the south side
of 16.
minutes-at moved to recess for 10 minutesat
carried unanimously. 9:05 p.m. iiotion
"eeting was reconvened at 9;20 p.m.
Ta.' aldeghem/Roc'-.one moved to recommend to the City Council that :Sections 11.36;
11 .40; 1°a02� _999; 11.28; 11.32, Subd. 3J; 11 .33, Subd. 3� 11.20; and 11.21
be recommended to the City Council with the exclusion of the n'Drien property
remaining i-2. :-Lotion carried with Comm. ^zaja and Lane opposed.
PU�TTIr•, -n T.T C`�';STD�i 9 01..E Tri" _%��L US` A ,,,�nIj-Rn A �� LOT
UP. --- �� �- -� T_D P�S"' 0-, "R 79 ;,t S - (704S deck 'Pro7)or+y
''an"'aldeghem/Pomeren��e moved to open public hearing. Totion carried unanimously.
The City Planner stated that the applicant is requesting a conditional use permit
to operate a commercial feed lot (over 10 horses) in the form of a thoroughbred
farm and training center. The first phase of construction will consist of a
3/4 ?Wile training track (dirt) with inside and outside rails, two pole barns._
with box stalls, fenced electric walking wheel area and a storage barn.
'Tine business will operate fully daring the summer season and minimally during
the winter. ^ach barn will be able to accommodate a maximum of 60 horses.
,a`j
T>aJe -�-
Lick rage, the applicant from =-.ouston, Texas, a.adressed t72fisson st^tin
^ r , iO
,}Iat they meat for the breeding operation of the barns on the back of the
grope:ty and the road going to it to be in t'.e ininedinte future and would like
for it to be included in tonig'_ is re':,uest.
?•z 'eC).^ri 1Cat1Qn OnhH .^.c„. _OLlO:i of tills 7:rO'l.�OCial• n
stated that he is not comfortable with thisreouest, ,as they are adjacent
property owners.
`=i1aurant, property owner just south of the proposed operation, feels that '
in time because it may be residential in the future that it may hurt the value
of their propertIr and surrounding properties.
romerenke/Tane moved to close the public hearing. ?'lotion carried unanimously.
ane�?oc ne offered '`odditional use . Permit '464 and move for its adoption
subject to the following conditions_•and as amended tonight and allowing for
future construction items Two stall barns, breeding barn and a stallion
barn; Additional roads and parking areas; Additional fences to divide
pastures; and include mercury vapor lights on the south side of the future
barns. Subject to the following conditions:
1. Applicant must obtain an Animal Feedlot Permit from the _MPCA
prior to the issuance of a building permit.
2. Applicant must obtain a County Highway Entrance Permit. 'applicant
must also verify with TInDOT the /'d limits of T.K. 101 3y-Pass, and
insure that the sight distance is considered as part of the County
Highway 7�'_ntrance permit.
3. .'applicant must provide on-site parking at a minimum of 28 spaces i+n
addition to the future parking spaces shown on the amended application.
4. Landscape plan with screening of trailer parking area to be approved
by City Planner prior to approval of building permit.
5. '17o living facilities will be provided on site.
6. The Conditional Use- Permit be monitored by staff for dust consideration
and reviewed by this body annually.
"40 tion carried unanimously.
-pj�vrTr. _ SART''?rs — � ':jTu rh Win? JTT n'�AT USE p 'T�' 7�0 .`jC',T T.TT
DJTAR _OUSIT?G
'_qockne/7'oudra;;7- moved to open the public hearing. Motion carried unanimously.
The City Planner reviewed the applicants proposal to move in 5 modular housing
units to provide additional housing for stable area personnel.
Stan Poeker, Vice Pres ident/Senera1 Manager of Canterbury Downs. Instead of
5 units they are now proposing 4 units of 16 rooms each. herb Mayland addressed
the issue of screening by pine trees throughout the area surrounding the move-in
housing units.
T ire j, 19,j6
Roger rdersc:i addressed t]-le issue of asthetics. ,o buildings will be put
on permanent foundaticns with the limestone rough textured block. 'Frost footings
will be put down 42 inches. n1ae roofs will be made of metal to --atch the
existing decor and paint the units .to match the color of the su:�ner barns.
Tach individual room will house two people and has its own washroom, restroom.
Comm. ;ane raised the question of modular housing units and their acceptability.
T;eroy :Houser, City wilding Tnspector replied that they are acceptable as far
as state law. Discussion ensued on how many people can occupy each room in
a given area, of square footage, it is required 70 square feet. Chairman
Czaja asked if there was anyone from the audience who wished to address this
issue. There was no response.
Concern was raised on the roof style and if it could be changed to match the
roof styles of other barns. 'tan Boeker replied that it would be no problem
to change the roof styles.
'.ranNaldeghem/Rockne moved to close the public hearing. Tiotion carried
unanimously.
Pomerenke/Rockne moved to offer Conditional Use Permit No. 351 and move for
its adoption subject to the following conditions:
1 . Po "eritificate of Occupancy shall be issued until all
building code requirements are met. A bond equal to the value
of the improvements shall be required.
2. Units must be modified on the exterior to be compatible with
the existing structures located on site.
3. Units must be landscaped with screening provided on the north,
east and south.
4. The applicm_zt shall develop a ousing Plan which will address
.future housir_g needs, to be approved by the Planning Commission,
prior to construction of any additional housing.
'•otion carried with Comm. Lane opposed.
-r 7 1--i ry *�
I!377 lz — �nT'.�17 'x, T_ -i* Pi T irk-r2T ,ei I T T '�'1 7) r-Tr`' T(�nA�?'T ),T 'l-;
SSA JI=`?L 1Th? c;,A�t0� _ _ _ _
rann``aldeghem/Rockne moved to open public hearing. lotion carried unanimously.
The City Planner gave the background of this issue. On May 29, 1936 the
Planning Commission and City Council held a joint workshop to discuss a Com—
prehensive Sewer Plan Amendment which would expand the MUSA line to the north
side of the by—pass. Upon review of the calculations, the Net Council has
now determined the Shakopee Year 2000 land supply to be 1 ,902 acres. That
means 334 more acres can be opened for sewer service.
i
June
age
; ie�%omerenke moved to recommend to the �'ity Council that ^_,ectinn 11 .60,
, bd. 9 of the r'ity Code be amended to ieauire bulk liquid storage in above
ground tanks only except as otherwise req-1-1-Jr-Ed by 1^e: or -as recui red with;-n
other applicable Sections of the "_ty ^ode. "ntl.^ 1 :tarried unanimously.
ri! L
oudray/_'en;'aldcghem moved to open the public .gearing. lotion carried
unanimously.
Van`:aldeghem��omerenke moved to continue the public hearing to July 10, 19869
and move for its ado-ptior.. .`•Gtl-)n carried unanimously.
Discussion ensued on Reconsideration of Final Plat of Prairie 'souse 1st
�dditior..
'1ae City Planner said that U.S 7ish and �,dildlife Department has purchased
ti=e property indicated as Outlot ` . That parcel, combined with the property
owned by Kopp will be developed in the future with a visitor center and
maintenance structure. she U.S. Pish and ',,'ildlife ,Service also has an option
to purchase rutiot D from the developer of Prairie
Tom lions, Prairie "oase, stated 'hat both 0utlot D and � are sold to Fish
and ;'ildlife Service, it is just a matter of when they want to pay us for
the land.
Lane/Foudray moved to recommend to the City Council approval of the revised
plat of Prairie ==oase 1st Addition, subject to canditions as recommended by
staff in the staff report dated May 30, 1936, items 1-8 inclusive. - Notion
carried unanimously. - -
Discussion ensued on ,?ules and Regulations of the Planning Commission. _t
was recommended t .at the rules be revised to provide for;
1 . Use of consent business.
2. Limiting discussion to 10 minutes.
3. Requiring applicants to state their case without staff assistance.
4. Request council to submit to the Commission their reasons for reversing
an action of the Planning Commission.
Laneftan'aldeghem moved. to amend the Planning Commission rules and regulations
and Board of Adjustment and Appeals to include the following motions;
1. Use of consent business.
2. Ii-.iting discussion to 10 minutes, as discussed in Roberts Rules of Order.
3. Requiring applicants to state their case without staff assistance except
as necessary to explain the city code.
4. Request that council submit to the Planning Commission their reasons
in accordance with applicable codes and regulations when reversing an
action of the Planning Commission.
" otion carried unanimously.
1> C l a�_ i ^.'gym-„- u:�.:on
_ opo ".L: .r..�_L ._ `
59
v �
-a I Dahlberg, representing 'arl Vierling in the .Josephine Vierling estate.
addressed the ^,omarission stating that they will petition the Citly Council
to annex this property and the petition will be prepared the first part of
next week. They are requesting that the ".o=iission include this with their
request to the .-%etropolitan Council. This property is bordered on the nortil,
east, and half of the west by the City. Discussion ensued on annexing this
parcel.
The City Administrator stated that after the request for annexation has been
submitted, the 1ity and Township have y0 days to respond, if they respond favorably
it could clear within 120 days, if they do not respond favorably then it will
have to go before the Municipal Commission. Chairman Czaja asked if there
was anyone from the audience who wished to address this issue. There was
no response.
Uomerenke/-7anEaldeghem moved to close the public hearing:. ' otion carried
unanimously.
FoudrayBockne moved to recommend to the City Council that a Comprehensive
,Sewer Pian amendment be submitted to the '�etropolitan Council, as per staff
recommendation including all property north of the proposed by-pass which
is Jackson Township. lotion fails with Coudray approved.
Tomerenke/Vanr"aldeghem moved to recommend to the City Council that a Comprehen-
sive Sewer Plan amendment be submitted to the Metropolitan Council as per staff
recommendation. Motion carried unanimously.
Foudray/VanMaldeghem moved that the proposed land annexation as discussed
and any and all further land annexations north of the proposed by-pass
be considered as a land trade. Motion carried unanimously.
Poniere_nke/Bockne moved for a 5 minute recess. i=otion carried unanimously.
'_`eeting
reconvened
reconvenedat 11 :45 p^•m' •
j-
T'
3-0 ?P`JBTTr 'H'—nAJo_TG - 'Dt —T T ; T 10 .AT:LObTICJIB _� Tk
;Tan'•Ialdeghem/-;ane moved to open the public hearing. Motion carried
unanimously.
Discussion ensued on storage allowed specifically by conditional use permit.
Comm. Lane asked the question of gas stations being required by law to be
stored underground. Chairman. Czaja asked if there was anyone from the
audience who wished to address this issue. There was no response.
Foudray17anMaldeghem moved to close the public hearing. Motion carried
unanimously.
15
Page
-"he City T)lanner stated t:.at the Ioy ; arschall .yPpeal was heard by the
City Council on Tune 3, 1936. Me Council denied tlhe variance r:'auest and
tabled the Con^itiona,l LTse 'Der
eit to move in the moble home directed,
staff to prepare an ordinance which would a,iend the code to allow that
mobile homes car be used by persons unrelated t-'--at are workinG on the farm.
The City ''laruior explained that the handicapped restroom proposed by the
t_C hall had been approved but the storage space expansion could not be
approved because the code amendment has not gone through.
nockne/�.ran' aldeghem moved to adjourn. T,iotion carried una_-limously. eeting
adjourned at 12:15 P.m.
Judi Simac
-City Planner
Carol L. Schultz
Recording, Secretary
SUBURBAN RATE AUTHORITY
MEMORANDUM
MEMBERS
BLOOMINGTON TO: Directors and Member Managers and Associate
BROOKLYN CENTER Members
BROOK YN PARK
BURNSVILLE
CHAMPLIN FROM: Counsel
CIRCLE PINES
COLUMBIA HEIGHTS
DEEPHAVEN SUBJ: Results of Intervention In 1985
EDEN PRAIRIE
EDINA NSP Electric Rate Case
EXCELSIOR
FRIDLEY
GREENWOOD DATE : June 25 , 1986
HASTINGS
HOPKINS
LAKE ST. CROIX BEACH
LAUDERDALE The Minnesota Public
LORE TO Utilities Commission issued its
MAPLE PLAIN Order in the 1985 NSP Electric Rate Case on June 2 , 1986 .
MAPLEWOOD I have not enclosed the Order as
MINNETONKA it is 90 pages in
MINNETRISTA length. The Order is not final in the sense that the
NEW BRIGHTON company and several of the other parties who were not
NORTH ST.PAUL
ORONO successful on various issues have filed petitions for
OSSEO
PLYMOUTH rehearing and reconsideration. I expect that the peti-
RICHFIELD tions will be denied. We will briefly respond to the
ROBBINSDALE company' s petition as it asks that one of our victories
ROSEVILLE
ST.ANTHONY be overturned. I do expect, however, an appeal by the
SHAOUIS OPEEPARK company to the Minnesota Court of Appeals. Certainly the
SHOREVIEW appeal will not be taken on all of the issues which the
SHOREWOOD company lost
SPRING PARK P Y but it may involve one or more of our
VADNAIS HEIGHTS issues.
VICTORIA
WAYZATA
WOODLAND Our consultant has calculated an average savings per
residential customer resulting from the SRA' s
intervention. The following is a list of savings by
issue per average residential bill ($417 . 25 as calculated
by NSP) for one year:
Delay in Payments Issues $ :71
Fuel Inventory . 53
Return on Equity 6 . 92
Total $8 . 16
Two comments regarding this list are appropriate. First,
the numbers are the savings for one year, but it is very
likely the rates will be in effect at least two years,
which is the anticipated period before NSP files another
request. Secondly, on delay-in-payments and on the
savings from the return-or.-equity issues, SRA was one of
several parties seeking the adjustment. We have assumed
that SRA should be given credit for 1/3 of the adjust-
ment. This is, of course, subjective. SRA was the only
party pressing for the adjustment on fuel inventory.
2000 FIRST BANK PLACE WEST • MINNEAPOLIS, MINNESOTA 55402 • (612) 333-0543
An example of the meaning to individual cities is as
follows . Assuming a city with 5 , 000 households , the
savings to residential customers from the fuel inventory
issue alone would amount to approximately $5 , 300 over the
two years the order is expected to be in effect. Using
the total savings shown in the table above , a two-year
savings would be $81 ,600 . Since business rates and usage
are much greater , the savings to them is very
substantial. Based on a $3 ,000 annual electric bill, a
commercial customer will save about $120 over the two
years because of the SRA intervention. Assuming that
there are 15 , 000 residents in the same city, SRA dues for
the period will be approximately $2, 000 . I think you
will agree with me this is a rather handsome return on
the dues.
In addition to the dollar savings in the Commission
Order, the SRA obtained an Order from the Corunission that
NSP must study its losses on power delivered to its
subsidiary in Wisconsin and file that study in the next
rate case. We believe this will result in a savings of
several million dollars per year to Minnesota customers.
SRA was the only party asking for this Order.
The SRA also contributed to the intervention by the Board
of Water Commissioners of the City of St. Paul, and SRA
counsel handled the case. We were successful in
preserving the two municipal pumping rates . Because of
our efforts , the small municipal pumping rate received a
4% increase rather than a 25% increase requested by the
company or a 20% increase requested by the Department of
Public Service. The savings to an individual city can be
calculated by multiplying an annual billing on the small
pumping rate by 16% . Again, this can be expected to
remain in place for at least two years , so the saving is
doubled.
On the large pumping rate (called the demand-metered
rate) , the class identity was saved and because we were
able to fight off a proposed demand ratchet, approximate-
ly 2% of billings was saved on the average .
Thank you for your continuing support of the Suburban
Rate Authority. If you have any questions , please feel
free to call me at (612) 333-0543 .
Glenn Purdue
LeFEVERE , LEFLER, KENNEDY,
O'BRIEN & DRAWZ
2000 First Bank Place West
Minneapolis, MN 55402
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+ N O
TENTATIVE AGENDA
Housing and Redevelopment Authority in and for the
City of Shakopee, Minnesota
Special Session July 1, 1986
Chairman Wampach presiding:
1. Roll Call at 7 : 00 P.M.
2. Approval of Agenda
3 . Approval of June 17, 1986 Meeting Minutes
4 . Acquisition of Scott County Garage - 333 Shumway Street
5. Resolution #86-6 Approving and Authorizing Execution of
Tax Increment Pledge Agreement, $500, 000 G.O. Tax
Increment Bonds Series 1986A
6 . Resolution #86-7 - Approving and Authorizing Execution of
Tax Increment Pledge Agreement, $1, 645, 000 G.O. Tax
Increment Bonds Series 1986B
7. Resolution #86-8 - Approving and Authorizing Execution of an
Amendment to the Tax Increment Pledge Agreement dated
October 16, 1984, $2,105, 000 G.O. Tax Increment Bonds,
Series 1986A.
8. Other Business
9 . Adjourn
Barry Stock
Administrative Aide
'3
HOUSING AND REDEVELOPMENT AUTHORITY
Special Session Shakopee, Minnesota June 17, 1986
Chairman Wampach called the meeting to order at 7 : 05 p.m. with
Comm. Lebens , Vierling, Colligan and Leroux present. Also
present were Barry Stock, Administrative Aide; John K. Anderson,
City Administrator; Judy S. Cox, City Clerk; Kenneth Ashfeld,
City Engineer; and Julius Coller II, City Attorney.
Vierling/Lebens moved to approve the minutes of June 3 , 1986 .
Motion carried unanimously.
Barry Stock reviewed the alternatives available regarding the
acquisition of the Huber House, 210 South Holmes Street. The
appraisers estimated market value is $56, 800. Discussion ensued
on how much it would cost the city to purchase the property and
have the house moved or demolished to create parking stalls for
the downtown area.
Vierling/Lebens moved to respectfully inform Ms. Blewett that the
City is not interested in the acquisition of the property at 210
South Holmes. Motion carried unanimously.
Barry Stock reviewed the background of the acquisition of the
Opera House, 105 E. 1st Avenue. The $2 , 000 for an appraisal
would come from the HRA reserve fund. If the City desired, we
could pursue acquisition of the property using City dollars and
offer the land to the State on a lease agreement. The lease
agreement would be such that the State would construct the right
hand turn lane and lease the property from the City for one
dollar until such time that the by-pass is constructed.
Discussion ensued on the funds available for this acquisition.
Chairman Wampach expressed the opinions of the Downtown Committee
on the acquisition of this property. The Downtown Committee
feels that it would be a step in the right direction for the City
to purchase this property.
Leroux ./Vierling moved to order an appraisal of the property
known as the Opera House and Jabberwocky at a cost not to exceed
$2 , 000 .
Roll Call: Ayes: Comm. Vierling, Wampach, Colligan & Leroux
Noes: Comm. Lebens
Motion carried.
Colligan/Vierling moved to adjourn at 7 : 30 p.m. Motion carried
unanimously.
Barry Stock
Administrative Aide
Carol L. Schultz
Recording Secretary
MEMO TO: Shakopee Housing and Redevelopment Authority (HRA)
FROM: Barry A. Stock, Administrative Aide
RE: Acquisition of Scott County Garage - 333 Shumway St.
DATE: June 27 , 1986
Introduction•
Scott County has formally offered the sale of the property
located at 333 Shumway St. to the City of Shakopee. (See
attachment #1) It would be appropriate at this time for the HRA
to inform Scott County of the City' s intentions in regard to the
aforementioned property.
Background•
On May 30, 1986 the City of Shakopee received a letter and
appraisal (See attachment #2) from Joe Ries, Scott County
Administrator in regard to Lot 1 and Lot 2 , Block 44, Shakopee
Plat (County Garage - 333 Shumway St) . Pursuant to the
guidelines set forth by the Scott County Building Committee, Mr.
Ries was instructed to offer said property to the City at the
alternate appraised values of $42, 361 or $24, 600 depending on the
use of the property.
According to our City Planner the property is zoned R-2
Urban Residential. . Local government buildings are listed as a
conditional use in the R-2 District, thus the alternate appraised
value of $42, 361. Under this scenario, any local government unit
would be able to continue the use as a public works garage,
however the use could not transfer to a private developer or
owner. At the present time staff is not aware of any other local
government unit that may be interested in the property other than
the City given its present use.
The highest and best use value ( legal use) of the property
according to the appraiser would be to sell the lots for
residential purposes. Lot 1 is appraised at $16 ,500 while lot 2
is appraised at $13 , 100 . When estimated demolition costs of
$5000 are deducted from the combined appraised values, we end up
with the final appraised value of $24, 600 for the two lots. (See
attachment #3 ) .
The HRA may be interested in acquiring the property for
several reasons. First, the property as it presently exists is a
non-conforming use. The City' s acquisition would ensure
elimination of the non-conforming use and the quality of any
structures that may be built on the lots. If the County sells
the lots to a private developer the following may occur: 1. A
private developer might buy the property for speculative purposes
and leave the existing structure standing until such time that
he/she has a use for the property. 2. A private developer might
buy the property and build homes or move in homes that are
incompatible with the architectural character of the
neighborhood. Second, the City may wish to pursue acquisition and
use the property as a bargaining tool in eiiminating non-
conforming uses in the downtown area. Third, the City may wish
to hold onto the property until such time that the state or
federal government initiates some type of housing assistance
program similar to the 235 program that was used for the 4th and
Minnesota project or the HRA may want to initiate their own
housing assistance program.
In any event, staff believes that if the HRA pursues
acquisition, we would be able to recover our costs when the
property is sold. The County has requested that we respond to
their offer on or before July 11, 1986 . Funds for said
acquisition could be allocated from the HRA fund balance.
Alternatives : `
1. Inform Scott County that the Shakopee HRA is interested in
acquiring the property at the highest and best use appraised
value of $24, 600.
2. Respectfully inform Scott County that the City is not
interested in acquiring the property.
3 . Respectfully inform Scott County that the City is not
interested in acquiring the property. Additionally request
Scott County to include in their sales agreement that the
present structure be demolished in a timely manner.
Staff Recommendation:
Staff recommends alternative #3 .
Action Requested:
Move to respectfully inform Scott County that the City is
not interested in acquiring the property. Additionally request
Scott County to include in their sales agreement that the present
structure be demolished in a timely manner.
Attachments
tw
Attachment #1
Site Plan
"JITH IMPROVEMENT (NOT TO SCALE)
34,00 9
Z
0
0 o a
r-i hD
CzCz
0
o +�
0 W —I
cv doors 14 3 1 �
cr1LOW ,,� . Ei G=4
3
By measurement indicate improvement
encroaches onto L t 2 Site
t
I
120.001 --
FOURTH AVENUE
Z
s
"NOT TO SCALE"
j Address: J>j Shum%vay Street
1 Lot 1 , Lot 2, Elk. 44, Shakopee PlatNt
Do not remove this pane, it Is part of a total report JAMES A. LINK,Aporalser I.F.A.
Attachment #2
OFFICE OF THE ADMINISTRATOR
SCOTT COUNTY COURT HOUSE 110 �f
SHAKOPEE, MN. 55379-1382 (612)937-6100
May 28, 1986
JOSEPH F. RIES
Administrator
F.BRANDT RICHARDSON
Deputy Administrator
BARBARA NESS
Administrative Asst.
Mr. John K. Anderson
Shakopee City Administrator
129 East First Avenue
Shakopee, MN 55379
RE: Sale of County Garage in Shakopee
Dear Mr. Anderson:
This will advise you that at yesterday's meeting of the Building Committee,
the property appraisal on the County Garage at 333 Shumway Street in the City
of Shakopee was reviewed by the County Commissioners and staff in preparation
for the sale of this property.
Pursuant to the guidelines established for the sale of County garages in
municipalities throughout the County, I was instructed to offer this property
to the Shakopee City Council at the alternate appraised values of $42,361 .00 or
$24,600.00, depending on the uses of the property outlined in the appraisal . I
am enclosing a copy of the appraisal for your convenience and call your
particular attention to the cover letter (5-16-86) on Page I as well as the
Final Reconciliation on Page 23. Kindly consider this letter as the County's
formal offer to the City on the sale of this property.
I am also enclosing a copy of the minutes of the Building Committee held on
April 15, 1986 (approved yesterday) in which the guidelines referred to
hereinabove are outlined and request that the City of Shakopee return its
formal response to this offer on or before FridaX. July 11 , 1986. If the
County has not received the City's written acceptance of one of the alternate
sale prices by that date, it is our intent to offer this property to the public
for the "highest and best use" through the competitive sealed bid process
without further delay.
If 1 can be of any assistance to the City Council or staff in this matter,
I will enjoy working with you and will look forward to your contact. Thank
you.
Sin e ely,
os F. Ries
Co my Administrator
encl . (2)
cc: Commissioner Mark Stromwall , Chairman of t and
Commissioner R. E. "Dick" Mertz
R. Kathleen Morris, County Attorney
Brad Larson, Highway Engineer
An E`'qual Opportunity Employer
Attachment #3
COMPARABLE LAND ADJUSTMENT CHART ----conttd----
* Sale ;,'1 was adjusted for inferior location, time of sale
and (+) water and sewer.
* Sale -2 was adjusted only for time and (+ ) water and sewer,
this sale was determined to be most comparable.
� Sale ;�3 was adjusted for time, size, location and (+) for
water and sewer.
**** Sale #4 was adjusted for time , size , location and (+ ) for
water and sewer.
NOTE: Lot 27 (above) is NOT connected to city water and sewer,
estimated cost to cure this problem is $5,500.009 all the
above comparable sales were deemed to be 20 superior due
to this functional obsolesence.
CORRELATION
i
In this appraisers opinion, comparable sale m
2 was most similar
to the property under appraisal , needing the least amount of
adjustment , sale '2 is most similar in size (8,520 sq. ft. )
in location, (Spencer Street and Sixth Avenue, Zoned R - 2) .
I Sale ,f2 was adjusted (+) by 3% for time of sale 8/85 vs 4/86, f
? time of this appraisal.
INDICATED VALUE BY COMPARABLE
MARKET DATA A-PPROACH
Lot ;r11 Block 44, 8 ,520 Square feet C 5 1 .94 per/sq. ft.
$ 162528.00
sAY: 16,500.00
Lot r#2, Block 44, 8 ,520 Square reet L $ 1 . 54 Per/sq. ft.
3 139120.00
SAY: 13, 100.00
Total value of Lot m1 and Lot m2, Block 44
as vacant parcels of land is estimated to be: $ 293600.00
Refer to Alternate Use Value and Value Based on Highest
and Best Use on follovring pages of this report.
i
r J po not remove this page. it is part of a total reoort JAMES A. LINK. Aooraiser IP A l PAGE NO
Attachment #3 Cont. +
�i
FINAL RECONCILIATION
ESTIMATE OF VALUE
ALTERNATE USE VALUE
This is the value of the property if present use of the
property was to be continued by another governmental body
under permitted tra.nsfereable conditional use:
REPLACEMENT COST NEW 23 , 15 2.UD 0
LESS 60% DEPRECIATION (MINUS) - 161891 .00
TWO FUEL TANKS (UNDERGROUNG) (NET) 1 ,500.00
DEPRECIATED COST OF IMPROVEMENT S 12,761 .00
j ADD LAND VALUE ESTIMATE 29 ,600.00
ESTIMATED ALTERNATE USE VALUE $ 42,361 .00
SAY: $ 422400.00
HIGHEST AND BEST USE VALUE (LEGAL USE)
This is the value of the property in its highest and best use
if ovmed by a private developer and conforming to zoning rer,-
! ulations as reported in this appraisal report..
' LAND VALUE 29 ,600.00
i
LESS DEMOLITION COST TO REr:OVE
i PRESENT IMPROVEMENT AND FILL SITE 57000.00
i
i
' ESTIMATED VALUE $ 24,600.00
sav: S 24,600.00
i
;
1
t
i
;
i
L23
Dopo not remove this page, it is part of a total report JAMES A. LINK,, Appraiser I.F.A.
PAGE NC
MEMO TO: Shakopee Housing and Redevelopment Authority
FROM: Barry A. Stock, Admin. Aide
RE: Resolution #86-6 - Approving and Authorizing Execution
of Tax Increment Pledge Agreement, $500 , 000 G.O.
Tax Increment Bonds Series 1986A
Resolution #86-7 - Approving and Authorizing Execution
of Tax Increment Pledge Agreement, $1, 645 , 000 G.O.
Tax Increment Bonds Series 1986B
Resolution #86-8 - Approving and Authorizing Execution
of an Amendment to the Tax Increment Pledge
Agreement dated October 16 , 1984 , $2 , 105 , 000 G.O.
Tax Increment Bonds , Series 1986A.
DATE: June 26 , 1986
Introduction and Background:
On June 3 , 1986 the HRA approved Resolution #86-4 requesting
City Council to authorize the issuance of the following: $500 , 000
G.O. Tax Increment Bonds Series 1986-A, $1, 645 ,000 G.O. Tax
Increment Bonds Series -1986-B and refunding $2 , 105,000 G.O. Tax
Increment Bonds, Series 1986-A. In accordance with the
directions set forth in Resolution 86-4 and state statutes, the
HRA must approve and execute a tax increment pledge agreement
for each of the aforementioned bond sales. The pledge agreement
allows the HRA to utilize the proceeds from the bond sales for
financing specific projects.
The pledge agreements and subsequent HRA resolutions as they
relate to the bond sales are attached as follows:
Attachment #1 - Resolution #86-6 Approving and Authorizing
Execution of Tax Increment Pledge
Agreement, $5000 , 000 G.O. Tax Increment
Bonds Series 1986A
Attachment #2 - Resolution #86-7 Approving and Authorizing
Execution of Tax Increment Pledge
Agreement, $1,645,000 G.O. Tax Increment
Bonds Series 1986B
Attachment #3 - Resolution #86-8 Approving and Authorizing
Execution of an Amendment to the Tax
Increment Pledge Agreement dated October
16 , 1984 , $2,105 , 000 G.O. Tax Increment
Bonds, Series 1986A
Action Requested:
1 . Approve - Resolution #86-6 Approving and Authorizing
Execution of Tax Increment Pledge
Agreement, $5000 , 000 G.O. Tax Increment
Bonds Series 1986A
_ 7
2 . Approve - Resolution #86-7 Approving and Authorizing
Execution of Tax Increment Pledge
Agreement, $1,645 , 000 G.O. Tax Increment
Bonds Series 1986B
3 . Approve - Resolution #86-8 Approving and Authorizing
Execution of an Amendment to the Tax
Increment Pledge Agreement dated October
16 , 1984 , $2 , 105,000 G.O. Tax Increment
Bonds, Series 1986A
Attached
tw
Attachment #1
Extract of Minutes of Meeting
of the Board of Commissioners
of the Housing and Redevelopment
Authority in and for the City of
Shakopee, Minnesota
Pursuant to due call and notice thereof a regular or
special meeting of the Board of Commissioners of the Housing
and Redevelopment Authority in and for the City of Shakopee,
Minnesota, was held at the Shakopee City Hall on the 1st day
of July, 1986 , commencing at 7 CL) o ' clock E.M. , C.T.
The following Commissioners were present :
and the following were absent :
The following resolution was presented by Commissioner
who moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF TAX INCREMENT PLEDGE AGREEMENT
RESPECTING $500 , 000 G.O. TAX INCREMENT BONDS, SERIES 1986A
WHEREAS, at the request of the Housing and Redevelopment
Authority in and for the City of Shakopee, Minnesota ( the
"Authority" ) , the City of Shakopee, Minnesota ( the "City" ) ,
has awarded the sale of its $500 ,000 General Obligation Tax
Increment Bonds, Series 1986A, pursuant to Minnesota Stat-
utes , Section 273 .77 (a) and Chapter 475 , to finance certain
expenditures for public improvements undertaken by the
Authority:
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of
Commissioners of the d Redevelopment
Authority in
and for the City oShakopee, Mnesotaaf follows :
1 . The Tax Increment Pledge Agreement attached hereto
and made a part hereof is hereby approved, and the officers
of the Authority are hereby authorized and directed to take
such steps as may be necessary to execute said Agreement , in
substantially the form as attached, upon approval and execu-
tion thereof by the City, and to carry out and fulfill the
provisions and requirements thereof .
Adopted by the Board of Commissioners of the Housing and
Redevelopment Authority in and for the City of Shakopee ,
Minnesota, this 1st day of July, 1986 .
BY THE BOARD OF COMMISSIONERS
Chairman
ATTEST:
Acting Executive Director
The motion for the adoption of the foregoing resolution
was duly seconded by Commissioner
and upon
vote being taken thereon, the following voted in favor
thereof :
and the following voted against the same:
whereupon said resolution was declared duly passed and
adopted.
- 2 -
TAX INCREMENT PLEDGE AGREEMENT
This Tax Increment Pledge Agreement ( the "Agreement" ) is
dated as of July 1 , 1986 ; is by and between the City of
Shakopee, Minnesota ( the "City" ) , and the Housing and Rede-
velopment Authority in and for the City of Shakopee, Minne-
sota ( the "Authority" ) ; and provides as follows :
WHEREAS, at the request of the Authority, the City
Council has on the date hereof adopted a resolution ( the
"Bond Resolution" ) awarding the sale of the City ' s $500 , 000
General Obligation Tax Increment Bonds , Series 1986A, dated
July 1, 1986 ( the "Bonds" ) , to provide financing for certain
public redevelopment improvements ( the "Improvements" ) made
or to be made with respect to the Authority ' s Minnesota
River Valley Housing and Redevelopment Project No. 1 ; and
WHEREAS, to provide funds sufficient for the timely
payment of the debt service on the Bonds , it is necessary
for the Authority and the City to enter into this Agreement :
NOW, THEREFORE, in consideration of the covenants and
agreements hereof between the City and the Authority, and
pursuant to Minnesota Statutes, Section 273 . 77 (a) , the City
and the Authority hereby agree as follows :
1 . The Bonds mature on February 1 in the years and
amounts as follows :
YEAR AMOUNT
1990 $20 , 000
1991 30 , 000
1992 30 , 000
1993 35 , 000
1994 35 , 000
1995 40 , 000
1996 40 , 000
1997 45 , 000
1998 50 , 000
1999 55 , 000
2000 60 , 000
2001 60 , 000
2 . In order to pay the principal of and interest on
the Bonds , when due, the Authority hereby pledges to the
City, for deposit in the Debt Service Account established by
the Bond Resolution for the payment of the Bonds , and the
Authority shall pay to the City, tax increments derived by
the Authority from its Tax Increment Financing District No.
6 in amounts sufficient to pay such principal and interest ,
- 1 -
when due , and, to the extent such tax incrementsare
ever
r
insufficient for such purposes , and the City, pr
the Bond Resolution, advances City funds to provide prompt
and full payment of the Bonds , the Authority agrees to reim-
burse the City for such advances from such tax increments ,
when collected by the Authority.
3 . An executed copy of this Agreement shall be filed
with the County Auditor of Scott County, as required by Min-
nesota Statutes, Section 273 . 77 (a) .
4 . This Agreement shall become effective upon the
actual issuance and delivery of the Bonds .
IN WITNESS WHEREOF, the City and the Authority have
caused this Agreement to be duly executed as of the day and
year first above written.
CITY OF SHAKOPEE, MINNESOTA
E
By
Its Mayor
ATTEST: BY
Its City Administrator
City Clerk
( SEAL)
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF SHAKOPEE, MINNESOTA
By
Its Chairman
r
By
Its Acting Executive Director
2 -
TAX INCREMENT PLEDGE AGREEMENT
This Tax Increment Pledge Agreement ( the "Agreement" ) is
dated as of July 1 , 1986 ; is by and between the City of
Shakopee, Minnesota ( the "City" ) , and the Housing and Rede-
velopment Authority in and for the City of Shakopee , Minne-
sota ( the "Authority" ) ; and provides as follows :
WHEREAS, at the request of the Authority, the City
Council has on the date hereof adopted a resolution ( the
"Bond Resolution" ) awarding the sale of the City ' s $500 , 000
General Obligation Tax Increment Bonds , Series 1986A, dated
July 1, 1986 ( the "Bonds" ) , to provide financing for certain
public redevelopment improvements ( the " Improvements" ) made
or to be made with respect to the Authority ' s Minnesota
River Valley Housing and Redevelopment Project No . 1 ; and
WHEREAS, to provide funds sufficient . for the timely
payment of the debt service on the Bonds , it is necessary
for the Authority and the City to enter into this Agreement :
NOW, THEREFORE, in consideration of the covenants and
agreements hereof between the City and the Authority, and
pursuant to Minnesota Statutes , Section 273 . 77 (a) , the City
and the Authority hereby agree as follows :
1 . The Bonds mature on February 1 in the years and
amounts as follows:
YEAR AMOUNT
1990 $20 , 000
1991 30 , 000
1992 30 , 000
1993 35 , 000
1994 35 , 000
1995 40 , 000
1996 40 , 000
1997 45, 000
1998 50 , 000
1999 55 , 000
2000 60 , 000
2001 60 , 000
2 . In order to pay the principal of and interest on
the Bonds, when due, the Authority hereby pledges to the
City, for deposit in the Debt Service Account established by
the Bond Resolution for the payment of the Bonds , and the
Authority shall pay to the City, tax increments derived by
the Authority from its Tax Increment Financing District No.
6 in amounts sufficient to pay such principal and interest ,
- 1 -
when due, and, to the extent such tax increments are ever
insufficient for such purposes , and the City, pursuant to
the Bond Resolution, advances City funds to provide prompt
and full payment of the Bonds, the Authority agrees to reim-
burse the City for such advances from such tax increments ,
when collected by the Authority.
3 . An executed copy of this Agreement shall be filed
with the County Auditor of Scott County, as required by Min-
nesota Statutes , Section 273 . 77 (a) .
4 . This Agreement shall become effective upon the
actual issuance and delivery of the Bonds .
IN WITNESS WHEREOF, the City and the Authority have
caused this Agreement to be duly executed as of the day and
year first above written.
CITY OF SHAKOPEE, MINNESOTA
By
Its Mayor
ATTEST: By
Its City Administrator
City Clerk
( SEAL)
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF SHAKOPEE, MINNESOTA
By
Its Chairman
By
Its Acting Executive Director
2 -
ryr 7 Y
Attachment #2
Extract of Minutes of Meeting
of the Board of Commissioners
of the Housing and Redevelopment
Authority in and for the City of
Shakopee , Minnesota
Pursuant to due call and notice thereof a regular or
special meeting of the Board of Commissioners of the Housing
and Redevelopment Authority in and for the City of Shakopee ,
Minnesota, was held at the Shakopee City Hall on the lst day
of July, 1986, commencing at T'oy o ' clock P.M. , C.T.
The following Commissioners were present :
and the following were absent :
The following resolution was presented by Commissioner
who moved its adoption:
RESOLUTION NO. 86-7
RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF TAX INCREMENT PLEDGE AGREEMENT
RESPECTING $1 ,645 , 000 G.O. TAX INCREMENT BONDS,
SERIES 1986B
WHEREAS, at the request of the Housing and Redevelopment
Authority in and for the City of Shakopee, Minnesota ( the
"Authority" ) , the City of Shakopee, Minnesota ( the "City" ) ,
has awarded the sale of its $1 , 645 , 000 General Obligation
Tax Increment Bonds , Series 1986B, pursuant to Minnesota
Statutes, Section 273 .77 (a) and Chapter 475, to finance
certain expenditures for public improvements undertaken by
the City and/or the Authority:
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of
Commissioners of the Housing and Redevelopment Authority in
and for the City of Shakopee , Minnesota, as follows :
1 . The Tax Increment Pledge Agreement attached hereto
and made a part hereof is hereby approved, and the officers
of the Authority are hereby authorized and directed to take
such steps as may be necessary to execute said Agreement , in
substantially the form as attached, upon approval and execu-
tion thereof by the City, and to carry out and fulfill the
provisions and requirements thereof .
Adopted by the Board of Commissioners of the Housing and
Redevelopment Authority in and for the City of Shakopee,
Minnesota, this lst day of July, 1986 .
BY THE BOARD OF COMMISSIONERS
Chairman
ATTEST:
Acting Executive Director
The motion for the adoption of the foregoing resolution
was duly seconded by Commissioner and upon
vote being taken thereon, the following voted in favor
thereof :
and the following voted against the same:
whereupon said resolution was declared duly passed and
adopted.
2 -
TAX INCREMENT PLEDGE AGREEMENT
This Tax Increment Pledge Agreement ( the "Agreement" ) is
dated as of July 1 , 1986 ; is by and between the City of
Shakopee, Minnesota ( the "City" ) , and the Housing and Rede-
velopment Authority in and for the City of Shakopee, Minne-
sota ( the "Authority" ) ; and provides as follows :
WHEREAS, at the request of the Authority, the City
Council has on the date hereof adopted a resolution ( the
"Bond Resolution" ) awarding the sale of the City ' s
$1 ,645 , 000 General Obligation Tax Increment Bonds, Series
1986B, dated July 1, 1986 ( the "Bonds" ) , to provide
financing for certain public redevelopment improvements ( the
"Improvements" ) made or to be made with respect to the
Authority ' s Minnesota River Valley Housing and Redevelopment
Project No. 1 ( the "Redevelopment Project" ) ; and
WHEREAS, to provide funds sufficient for the timely
payment of the debt service on the Bonds, it is necessary
for the Authority and the City to enter into this Agreement :
NOW, THEREFORE, in consideration of the covenants and
agreements hereof between the City and the Authority, and
pursuant to Minnesota Statutes , Section 273 . 77 (a) , the City
and the Authority hereby agree as follows :
1 . The Bonds mature on February 1 in the years and
amounts as follows :
YEAR AMOUNT
1989 $85 , 000
1990 90 , 000
1991 90 , 000
1992 100 , 000
1993 105 , 000
1994 115 , 000
1995 120 , 000
1996 130 , 000
1997 140 , 000
1998 150 , 000
1999 160 , 000
2000 175 , 000
2001 185 , 000
2 . In order to pay the principal of and interest on
the Bonds, when due, the Authority hereby pledges to the
City, for deposit in the Debt Service Account established by
the Bond Resolution for the payment of the Bonds, and the
Authority shall pay to the City, Available Tax Increments
- 1 -
( hereinafter defined) in amounts sufficient to pay such
principal and interest , when due, and, to the extent that
the Available Tax Increments are ever insufficient for such
purposes , and the City, pursuant to the Bond Resolution,
advances City funds to provide prompt and full payment of
the Bonds, the Authority agrees to reimburse the City for
such advances from such tax increments , when collected by
the Authority. As used in this Agreement , "Available Tax
Increments" means tax increments derived by the Authority
from its Tax Increment Financing District Nos . 1 through 6
(collectively, the "Districts" ) within the Authority ' s
Redevelopment Project, excluding such tax increments which
have heretofore been pledged to the payment of other tax
increment bonds or public redevelopment costs and excluding
those tax increments which have as the date hereof been
pledged to the payment of the City ' s $500 , 000 G.O. Tax
Increment Bonds, Series 1986A. In discharging its obliga-
tions under this Agreement , the Authority expressly reserves
the right to select from year to year Available Tax Incre-
ments from one or more of the Districts and to pledge or
otherwise dedicate tax increments from any of the Districts
to purposes other than the payment of the Bonds upon a
finding by the Authority that the estimated Available Tax
Increments then remaining will be sufficient from year to
year to discharge the Authority ' s payment obligations on the
Bonds pursuant to this Agreement . As of the date hereof the
Authority anticipates that it will need to use some of the
excess tax increments from District No. 1 (K-Mart) each year
in order to satisfy its payment obligations hereunder .
3 . An executed copy of this Agreement shall be filed
with the County Auditor of Scott County, as required by Min-
nesota Statutes, Section 273 .77 (a) .
4 . This Agreement shall become effective upon the
actual issuance and delivery of the Bonds .
IN WITNESS WHEREOF, the City and the Authority have
caused this Agreement to be duly executed as of the day and
year first above written.
CITY OF SHAKOPEE, MINNESOTA
By
Its Mayor
ATTEST: By
Its City Administrator
City Clerk
( SEAL)
J
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF SHAKOPEE, MINNESOTA
By
Its Chairman
By
Its Acting Executive Director
3 -
Attachment #3 J
Extract of Minutes of Meeting
of the Board of Commissioners
of the Housing and Redevelopment
Authority in and for the City of
Shakopee, Minnesota
Pursuant to due call and notice thereof a regular or
special meeting of the Board of Commissioners of the Housing
and Redevelopment Authority in and for the City of Shakopee,
Minnesota, was held at the Shakopee City Hall on the lst day
of July, 1986, commencing at 15-y o ' clock /'.M. , C.T.
The following Commissioners were present :
and the following were absent :
The following resolution was presented by Commissioner
who moved its adoption:
RESOLUTION NO. %—F
RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF AMENDED TAX INCREMENT PLEDGE AGREEMENT
RESPECTING $2 , 105, 000 G.O. TAX INCREMENT REFUNDING BONDS,
SERIES 1986A
WHEREAS, at the request of the Housing and Redevelopment
Authority in and for the City of Shakopee, Minnesota ( the
"Authority" ) , the City of Shakopee, Minnesota ( the "City" ) ,
has awarded the sale of its $2 , 105 , 000 General Obligation
Tax Increment Refunding Bonds , Series 1986A, pursuant to
Minnesota Statutes , Chapter 475 , to refinance certain
expenditures for public improvements undertaken by the
0r
Authority by refunding the City ' s $2 , 490 , 000 G .O. Tax
Increment Bonds , Series 1984A, dated November 1 , 1984 :
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of
Commissioners of the Housing and Redevelopment Authority in
and for the City of Shakopee, Minnesota, as follows :
1. The Amended Tax Increment Pledge Agreement attached
hereto and made a part hereof is hereby approved, and the
officers of the Authority are hereby authorized and directed
to take such steps as may be necessary to execute said
Agreement, in substantially the form as attached, upon
approval and execution thereof by the City, and to carry out
and fulfill the provisions and requirements thereof .
Adopted by the Board of Commissioners of the Housing and
Redevelopment Authority in and for the City of Shakopee,
Minnesota, this 1st day of July, 1986 .
BY THE BOARD OF COMMISSIONERS
Chairman
ATTEST:
Acting Executive Director
The motion for the adoption of the foregoing resolution
was duly seconded by Commissioner and upon
vote being taken thereon, the following voted in favor
thereof :
and the following voted against the same:
whereupon said resolution was declared duly passed and
adopted.
2 -
AMENDED TAX INCREMENT PLEDGE AGREEMENT
This Amended Tax Increment Pledge Agreement ( the
"Amended Agreement" ) is dated as of July 1 , 1986 ; is by and
between the City of Shakopee, Minnesota ( the "City" ) ,
and
the Housing and Redevelopment Authority in a d foeCity
of Shakopee, Minnesota ( the "Authority" ) ;
) ; provides
follows :
WHEREAS, the City issued and sold its $2 , 490 , 000 General
Obligation Tax Increment Bonds, Series 1984A, dated November
1, 1984 ( the "Original Bonds" ) , to provide financing for
certain public improvements in the Authority' s Minnesota
River Valley Housing and Redevelopment Project No. 1 ( the
"Project" ) ;
WHEREAS, in connection with the City' s issuance of the
Original Bonds and the City ' s other assistance to the
Authority for the Project, the City and the Authority en-
tered into a certain Tax Increment Pledge Agreement , dated
October 16, 1984 ( the "Agreement" ) , pursuant to Minnesota
Statutes , Section 273 . 77 (a) ;
WHEREAS, the City has determined that it would be to the
economic advantage of both the City and the Authority to
issue, and the City has issued or will issue, its $2, 105,000
General Obligation Tax Increment Refunding Bonds , Series
1986A ( the "Refunding Bonds" ) in order to refund the Origi-
nal Bonds in advance of their respective maturities ; and
WHEREAS, upon the issuance of the Refunding Bonds, the
proceeds thereof will be escrowed to provide full payment
when due of all debt service on the Original Bonds ( includ-
ing the prior redemption thereof) , and the Original Bonds
will thereupon be defeased under the terms upon which they
were originally issued:
NOW, THEREFORE, in consideration of the covenants and
agreements hereof between the City and the Authority, the
City and the Authority hereby amend the Agreement as fol-
lows :
1. The Agreement ' s pledge of tax increments for the
purpose of paying debt service on the Original Bonds is
hereby amended to the extent necessary to provide timely and
full debt service on the Refunding Bonds , that is , said
pledge of tax increments shall now run to the Refunding
Bonds (and not to the Original Bonds) to the extent so re-
quired by the terms of the Refunding Bonds and the resolu-
tion issuing them, but all other provisions of the Agreement
respecting the payment and application of such pledged tax
increments shall remain in effect .
2 . An executed copy of this Amended Agreement shall be
filed with the County Auditor of Scott County, as required
by Minnesota Statutes, Section 273 . 77 (a) .
3 . This Amended Agreement shall become effective upon
the actual issuance and delivery of the Refunding Bonds .
IN WITNESS WHEREOF, the City and the Authority have
caused this Amended Agreement to be duly executed and sealed
as of the day and year first above written.
CITY OF SHAKOPEE, MINNESOTA
By
Its Mayor
By
Its City Administrator
( SEAL)
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF SHAKOPEE, MINNESOTA
By
Its Chairman
By
Its Executive Director
( SEAL)
2 -
AMENDED TAX INCREMENT PLEDGE AGREEMENT
This Amended Tax Increment Pledge Agreement ( the
"Amended Agreement" ) is dated as of July 1 , 1986 ; is by and
between the City of Shakopee, Minnesota ( the "City" ) , and
the Housing and Redevelopment Authority in and for the City
of Shakopee, Minnesota ( the "Authority" ) ; and provides as
follows :
WHEREAS, the City issued and sold its $2 , 490 , 000 General
Obligation Tax Increment Bonds , Series 1984A, dated November
1, 1984 ( the "Original Bonds" ) , to provide financing for
certain public improvements in the Authority ' s Minnesota
River Valley Housing and Redevelopment Project No. 1 ( the
"Project" ) ;
WHEREAS, in connection with the City' s issuance of the
Original Bonds and the City' s other assistance to the
Authority for the Project, the City and the Authority en-
tered into a certain Tax Increment Pledge Agreement , dated
October 16 , 1984 (the "Agreement" ) , pursuant to Minnesota
Statutes, Section 273 . 77 (a) ;
WHEREAS, the City has determined that it would be to the
economic advantage of both the City and the Authority to
issue, and the City has issued or will issue, its $2,105, 000
General Obligation Tax Increment Refunding Bonds, Series
1986A ( the "Refunding Bonds" ) in order to refund the Origi-
nal Bonds in advance of their respective maturities ; and
WHEREAS, upon the issuance of the Refunding Bonds, the
proceeds thereof will be escrowed to provide full payment
when due of all debt service on the Original Bonds ( includ-
ing the prior redemption thereof) , and the Original Bonds
will thereupon be defeased under the terms upon which they
were originally issued:
NOW, THEREFORE, in consideration of the covenants and
agreements hereof between the City and the Authority, the
City and the Authority hereby amend the Agreement as fol-
lows:
1. The Agreement ' s pledge of tax increments for the
purpose of paying debt service on the Original Bonds is
hereby amended to the extent necessary to provide timely and
full debt service on the Refunding Bonds , that is , said
pledge of tax increments shall now run to the Refunding
Bonds (and not to the Original Bonds) to the extent so re-
quired by the terms of the Refunding Bonds and the resolu-
tion issuing them, but all other provisions of the Agreement
respecting the payment and application of such pledged tax
increments shall remain in effect .
2 . An executed copy of this Amended Agreement shall be
filed with the County Auditor of Scott County, as required
by Minnesota Statutes, Section 273 . 77 (a) .
3 . This Amended Agreement shall become effective upon
the actual issuance and delivery of the Refunding Bonds .
IN WITNESS WHEREOF, the City and the Authority have
caused this Amended Agreement to be duly executed and sealed
as of the day and year first above written.
CITY OF SHAKOPEE, MINNESOTA
By
Its Mayor
By
Its City Administrator
(SEAL)
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF SHAKOPEE, MINNESOTA
By
Its Chairman
By
Its Executive Director
( SEAL)
2 _
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
SHAKOPEE, MINNESOTA
JUNE 3, 1986
REGULAR SESSION
to order at 7:00 p.m. with Cncl. Lebens,
Mayor Reinke called the meeting Cncl. Vierling arrived at 7:50 p.m.
Wampach, Colligan and Leroux present. Cit Admr. ; Judith S. Cox, City Clerk;
Y and Rod Krass,
Also present were John K. Anderson, Cit Engineer;
Barry Stock, Administrative Aide;
Ken Ashfeld, Y g
Asst. City Attorney.
r Board of Equalization and HRA meeting.
Colligan/Lebens moved to recess fo
Motion carried unanimously.
ad
rt
Robert Schmitt of the Scott County Ass
ofsShakopeesorts ficTheeworkhinvolved inspecting
on the 1986 Assessment of the y
357 new structures and 101 partial completions from the 1985 assessment. The
259 reassessment involved the following plats: Original Plat of Shakopee, Plat
of East Shakopee, Nehl's Addition, American Legion Addition,
Macey's 1st
4th, and 5th Additions, Registered Land Surveys 24,
Addition, West View 3rd,
45, 66, and 89, Killarney Hills, . Valley Park 1st and 4th Additions, Horizon
Heights 2nd and 3rd Additions, Marceline's 1st, Valley Rich 1st, Case lst,
Link's 3rd and A&G 1st Addition.
Mr. Schmitt reviewed the John L. Ries property currently occupied by Total
Rental. The commercial properties in Shakopee were given a 59 increase across
market
the board this year to keep them somewhat close to Champion Autorandelst
Ch
the second property owned by John L. Ries used to house amp
Avenue Cleaners as well as Major Muffler. Lorraine A. Ries stated that there
is no basement under either of these properties.
Leroux/ramp
ach moved to hold these two properties over to the next meeting of
the Board of Review for Mr. Schmitt
to check on the basements for bot
properties. Motion carried unanimously-
Mr.
Schmitt reviewed the 3rd property of John L. Ries. This is a residential
home located at 220 West 3rd Avenue.
Wampach/Leroux moved to table this it
to the next meeting of the Board of
Review. Motion carried unanimously.
parcel owned by Joseph F. Sullivan at 120 E. 1st
Mr. Schmitt reviewed the p piece of the
Avenue. The own er is objectitated tthathe althelolstf floorthe owasrremodeled in 1985
property. T:R- assessor s },, T w
consisting of new sheet rock, carpeting and new trim iYi �. -f'�w4rking store.
he County Assessor's valuation for the
Leroux/Lebens moved to coon witNocur h . 27 001 170 1, for a total valuation of
Joseph F. Sullivan proper
ty, carried unanimously.
$60,900 (comm. only). Motion
Schmitt went over the background information for the Dean Shaner property.
Mr. Sc prior to June 1st, 1986 and received a 1/2 year
The owner moved into the home p
homestead. The property was appraised at 309 complete rather than 389 to p
ho year.
the value on the conservative level for the st y
Shakopee City Council
June 3, 1986
Page -2-
Colligan/Wampach moved to table action on the property of Dean Shaner. Motion
carrried unanimously.
Mr. Schmitt reviewed the information on the Earl Dressen property located at
328 Lewis Street. Discussion ensued on the condition of the garage being
fairly poor structurally. The garage is assessed at $1,920.
Leroux/Lebens moved to reduce the value of garage by $900 to bring the
valuation to $1000. Motion carried unanimously.
Colligan/Lerouox moved to accept recommendation with the motion to reduce the
value by $900.00 for the Earl Dressen property which would bring total
valuation down to $52,700, Parcel No. 27 001 354 0 for 1986. Motion carried
unanimously.
Mr. Schmitt reviewed the property owned by Mr. James Ramaker, 338 W. 6th Ave.
A letter from Mr. Ramaker was read as his appeal to the Board of Review.
Leroux/Wampach moved to concur with the County Assessor's valuation of $54,300
for the James Ramaker property, Parcel No. 27 001 656 0 for 1986. Motion
carried unanimously with Cncl. Vierling abstaining.
Cncl. Vierling arrived at 7:50 p.m.
Colligan/Wampach moved to concur with the County Assessor's valuation for the
Harold Marschall property, Parcel No. 27 032 014 0 for a total valuation of
$141,100 for 1986. Motion carried unanimously.
Wampach/Leroux moved to adjourn to June 10, 1986. Motion carried unanimously.
Colligan/Vierling moved to reconvene to City Council. Motion carried
unanimously.
Leroux/Vierling moved to open public hearing on Expanding the Minnesota River
Valley Housing and Redevelopment Project No. 1 and amending the Redevelopment
Plan relating thereto; and amending the Tax Increment Financing Plans relating
to Tax Increment Districts 2 through 6.
The City Administrator reviewed the changes being made for the Redevelopment
Plan. The current redevelopment boundaries are being expanded so they will be
generally coterminous with the corporate limits north of the proposed by-pass.
It also puts all of the Tax Increment Districts and their updated budgets
into one document. Mayor Reinke asked if there was anyone from the audience
who wished to address this issue. There was no response.
Colligan/Vierling moved to close the public hearing. Motion carried
unanimously.
Shakopee City Council
June 3, 1986
Page -3-
Wampach/Colligan moved to approve Res. 2565 Expanding the Minnesota River
Valley Housing and Redevelopment Project Area and amending the Modified Housing
and Redevelopment Plan and Tax Increment Financing Plan relating there to
pursuant to the Provisions of Minnesota Statutes, Sections 462.411 to 462.716,
inclusive, as amended; and amending the tax increment financing plans relating
to tax increment districts No. 2 through 6 within the project area, pursuant to
the Provisions of Minnesota Statutes, Sections 273.71 to 273.78, inclusive'as
amended, and move for its adoption.
Roll Call: Ayes: Cncl. Wampach, Vierling, Colligan, Leroux, Mayor Reinke
Noes: Cncl. Lebens
Motion carried.
Leroux/Colligan offered Resolution X12571, Providing for the Issuance and Sale
of $355,000 General Obligation Improvement Bonds, Series 1986-A-Timber Trails
and 4th Avenue and move its adoption.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Colligan/Wampach offered Resolution No. 2569, a Resolution Providing for the
Issuance and Sale of $500,000 General Obligation Tax Increment Bonds, Series
1986-A, and moved its adoption. (Shakopee Valley Motel)
Roll Call: Ayes: Cncl. Wampach, Vierling, Leroux, Colligan and Mayor Reinke
Noes: Cncl. Lebens
Motion carried.
Vierling/Leroux moved to offer Resolution 112570, a Resolution Providing for the
Issuance and Sale of $1,645,000 General Obligation Tax Increment Bonds, Series
1986-B, and moved its adoption.
Roll Call: Ayes: Cncl. Wampach, Vierling Colligan, Leroux and Mayor Reinke
Noes: Cncl. Lebens
Motion carried.
Leroux/Colligan offered Resolution #2574, A Resolution Providing for the
Issuance and Sale of General Obligation Tax Increment Refunding Bonds Series
1986-A in the amount not to exceed $2.2 million and moved its adoption. (Dave
MacGillivary, Springsted, said that if the bonds are not sold there would be no
fees charged by Springsted or O'Connor and Hannan. )
Roll Call: Ayes: Cncl. Wampach, Leroux, Colligan, Vierling and Mayor Reinke
Noes: Cncl. Lebens
Motion carried.
Liaison reports were given by the councilmembers.
Mayor asked if there was anyone from the audience who wished to speak on any
item which is not on the agenda. There was no response.
Discussion ensued on the construction of the new Chamber Office Visitors Center
which the Chamber is proposing to build, they recommend that this facility be
located immediately adjacent to the comfort station located in Memorial Park
just east of Shakopee, they also request that the City Council adopt the
Lodging Tax Ordinance allowed under M.S. 477A.018 which allows for up to a 3%
on all hotel, motel and camp sites located in the municipal boundaries.
Shakopee City Council
June 3, 1986
Page -4-
Leroux/Vierling moved to direct staff to prepare the ordinance for a 2%
motel/hotel lodging tax.
Leroux/Colligan moved to amend the main motion to leave the percentage open
pending budget information from the Chamber. Motion carried unanimously.
Motion carried unanimously on amended main motion.
Vierling/Lebens moved to receive and place on file the letter from Gayden F.
Carruth, Superintendent of Schools, District 720 regarding the annual meeting
for all governing board members of the various governmental bodies within the
boundaries of the school districts. Motion carried unanimously.
Rod Krass, Assistant City Attorney reviewed the letter from Larry W. Browne,
Vice President, Perkins Restaurant, referencing Loan Agreement, dated January
15, 1980, between the City of Shakopee, Minnesota and Perkins Cake and Steak,
Inc. (predecessor in interest to Perkins Restaurants, Inc. ) (the "Loan
Agreement") Our file: FIN-011.
Leroux/Vierling approved the request for Perkins Restaurants to assign the
property located at 1205 E. First Avenue to Perkins Realty, Inc. and authorize
the Mayor and City Clerk to sign their letter approving the request. Motion
carried unanimously.
Discussion ensued on the sale of 590 acres owned by Metropolitan Waste Control
Commission. The sale of this property would benefit the City of Shakopee
because it would be returned to the tax rolls.
Leroux/Vierling moved to offer Resolution No. 2572, a Resolution Requesting the
Sale of Land by MWCC, and move its adoption.
Leroux/Vierling moved to amend the resolution as follows: paragraph 9a to read,
"Hold the land in inventory for several years; and", paragraph 10 to read,
"Whereas, the MWCC Committee requested that the joint venture group obtain from
the City of Shakopee a resolution which either supports or does not support the
sale of the property at this time; and", and paragraph 11 to read, "Whereas, if
the property is sold now to a private party, the City will know that the
property will be returned to the tax rolls; and". Motion carried unanimously.
Upon question of the Chair, Shall Resolution No. 2572, as amended, now pass?
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Vierling moved to open the public hearing on an appeal by Roy Marschall,
2088 Marschall Road, from the Planning Commission denial of a conditional use
permit and variance to move in a trailer home to house hired help for property
at 2088 Marschall Road. Motion carried unanimously.
Discussion ensued on limiting the use of mobile homes, and why they have to
have a blood relation residing there. It was usggested that the ordinance be
reviewed with the pssibility in mind of changing it./ Mayor Reinke asked if
there was anyone from the audience who wished to address this issue. There was
no response.
Shakopee City Council
June 3, 1986
Page -5-
Leroux/Vierling moved to close the public hearing. Motion carried unanimously.
Leroux/Vierling moved to deny Variance Resolution #CC-463, A Variance from
requirements that persons living in a mobile home must be related to the farm
operator. Motion carried unanimously.
Colligan/Lebens moved to table Conditional Use Permit Resolution No. CC-456,
allowing a mobile home in addition to the permitted farmstead residence.
Motion carried unanimously.
Leroux/Lebens moved to direct staff to prepare an ordinance changing the
existing ordinance regarding mobile homes on farmsteads Section 11.05, Subd. 8,
to remove the requirement that the persons living in, the mobile home must be
related to the farm operator. Motion carried unanimously.
Lebens/Leroux moved for a 5 minute recess. Motion carried unanimously.
Leroux/Vierling moved to reconvene. Motion carried unanimously.
Barry Stock reviewed the background of the Downtown Committee's lanscaping
design plans for the Second Avenue Parking Lot. Westwood Planning and
Engineering proposed several retaining wall alternatives. It was the consensus
of the Committee that Westwood should utilize the Key Stone retaining wall
system in their final design.
Colligan/Leroux offered Resolution 2566, a Resolution Approving Plans and
Specifications and Ordering Advertisement for Bids for the Second Avenue
Parking Lot Landscaping Project No. 1986-7, and move for its adoption.
Roll Call: Ayes: Cncl. Wampach, Vierling, Colligan, Leroux, and Mayor Reinke
Noes: Cncl. Lebens
Motion carried.
Leroux/Vierling moved to discontinue traffic control at the intersection of
First and Holmes. Motion carried unanimously.
The City Engineer reviewed the request from Laurent Builders for the City to
install sewer and water lateral connections across Eagle Creek Blvd. South to
serve their property. Question was raised on funding for this project and the
k possibility of re-assessing the original project area benefitted by the 1980-4
CR-16 Utilities.
Leroux/Vierling moved to reassess the property owner on the south side of CR-16
$9,823.10 of the $46,343.00 cost for installing four crossings for Eagle Creek
Junction with the City paying $36,519.90; and that any shortfall in the bonding
fund (for 80-4) at the end of the bond period be transferred from any surplus
funds of other improvement bond funds. Mr. Laurent stated that they had a
verbal understanding with the City Engineer about the City providing the four
crossings, and that he disagrees with what the discussion is leading to now.
The four crossings are already a compromise from what they were originally
requesting.
Shakopee City Council
June 3, 1986
Page -6-
Leroux/Colligan moved to table the previous motion. Motion carried
unanimously.
The City Engineer was instructed to consult with the former City Engineer to
find out whether or not the verbal understanding took place prior to the
assessment hearing.
Vierling/Leroux moved to authorize proper City officials to execute
Supplemental Contract No. 2 for the 1985-2 Eaglewood Project in amount of
$47,908.60 (for Norton Drive Street repair). Contract encumbered funds shall
increase by $32,728.60 as a result of price renegotiation of bituminous paving.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Vierling/Leroux moved to approve the application and grant a temporary 3.2 Beer
License to Church of St. Mark, 3rd Avenue and Scott Street, for July 26th and
July 27th, 1986.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Colligan/Vierling moved to approve the payment of bills in amount of
$68,088.66.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Vierling/Leroux offered Resolution No. 2567, a Resolution Authorizing
Expenditure of MSAS Funds on County State Aid Highway 17 from County State Aid
Highway 42 to 11th Avenue, and moved its adoption.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Wampach offered Resolution No. 2562, a Resolution Ordering the
Preparation of a Report on an Improvement, TH 101 North Frontage Road from
Valley Park Drive North to County road 83 Extended, and moved for its adoption.
Discussion ensued on the progress of the project to the east of Valleyfair.
The City Engineer stated that the developer is proposing to stall the project
so they will be ready to open next year.
Roll Call: Ayes: Cncl. Vierling, Leroux, Colligan, Wampach, and Mayor Reinke
Noes: Cncl. Lebens
Motion carried.
Vierling/Leroux offered Resolution No. 2568, A Resolution Supporting the
Granting of a Variance and Limited Expansion Permit for the Flying Cloud
Landfill, and moved for its adoption.
Roll Call: Ayes: Unanimous Noes: None
Motion carried.
Leroux/Vierling offered Ordinance No. 195, An Ordinance of the City of
Shakopee, Minnesota, Amending City Code Chapter 5 Entitled "Liquor, Beer and
Wine Licensing and Regulation", by Adding Provisions Providing for Delayed
Issuance of License; and, by Adopting by Reference, Shakopee City Code Chapter
1 and Section 5.99 Which, Among Other Things, Contain Penalty Provisions, and
moved for its adoption.
Roll Call: Ayes: Unanimous Noes: None
Motion carried.
Shakopee City Council
June 3, 1986
Page -7-
Vierling/Leroux offered Resolution No. 2559, A Resolution Establishing Date
Appointments Shall be made to the Shakopee Public Utilities Commission and Date
Office Shall be Assumed, and moved for its adoption.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Vierling moved to remove the On Sale and Sunday Liquor License
applications by Scottland Hotels Inc. from the table. Motion carried
unanimously.
The license applications were not in order.
Leroux/Vierling moved to table the applications for On Sale and Sunday Liquor
Licenses by Scottland Hotels Inc. Motion carried unanimously.
Colligan/Leroux moved to adjourn. Motion carried unanimously. Meeting
adjourned at 11: 15 p.m.
Judith S. Cox
City Clerk
Carol L. Schultz
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REG. SESSION SHAKOPEE, MINNESOTA JUNE 10, 1986
Mayor Reinke called the meeting to order with Cncl. Wampach, Vierling, Lebens,
C&11gan ?„-d T,erou.x present. Also present was Judi Simac, City Planner; John
K. Anderson, City Administrator; 'f`rever wais-cerr, etss% .
Ashfeld, City Engineer; and Judith S. Cox, City Clerk.
Wampach/Vierling moved to recess for Board of Reveiw. Motion carried
unanimously.
Robert Schmitt, County Assessor, reviewed the property of John and Lorraine
Ries, 441 West 1st Avenue. He said he re-evaluated the property because the
basement had been in question. Since there is a sufficient amount of area that
is not finished and the poor location of the restroom in the basement he
recommends reducing the value of the building.
Leroux/Vierling moved to concur with the assessor for the valuation of the.
property parcel No. 27 001 090 0 to be $156,700 for the year 1986. Motion
carried unanimously.
Wampach/Leroux moved to concur with the assessor for the valuation of the
property parcel No. 27 001 091 0 to be $212,600 for the year 1986. Motion
carried unanimously.
Colligan/Wampach moved to concur with the assessor for the valuation of the
property parcel No. 27 001 336 0 to be $105,500 for the year 1986. Motion
carried unanimously.
The County Assessor explained that the property owned by Dean Shaner, 2121
Hillside Drive, parcel No. 27 082 009 0 is appraised at 30% complete.
Colligan/Wampach moved to concur with the assessor for the valuation of the
property parcel No. 27 082 009 0 to be $41,500 for the year 1986. Motion
carried unanimously.
Robert Schmitt reviewed the Shakopee Valley Motel increase in assessed
valuation. The increase was 15% across the board for the year 1986.
Property Parcel No. 27 100 001 0 Assessed at $293,290
Property Parcel No. 27 100 002 0 Assessed at $ 30,040
Property Parcel No. 27 100 003 0 Assessed at $ 20,040
Property Parcel No. 27 100 004 0 Assessed at $ 62,280
Vierling/Leroux moved to receive and place on file the letter from Robert N.
Schmitt regarding the Shakopee Valley Motel Increase in assessed valuation.
Motion carried unanimously.
Leroux/Colligan moved to adjourn Board of Review to Tuesday, June 17th at 7:00
p.m. Motion carried unanimously.
Colligan/Leroux moved to reconvene to City Council. Motion carried
unanimously.
Shakopee City Council
June 10, 1986
Page -2-
Colligan/Wampach moved to approve the minutes of May 20, 1986 and May 27, 1986.
Motion carried unanimously.
The City Administrator reviewed the letter from Larry Moonen to the Chief of
Police expressing concern over the great increase of dirtbike traffic in
Shakopee.
Leroux/Vierling moved to have staff inform Mr. Moonen that it is State law that
controls dirt bikes not the City of Shakopee and receive and place on file.
Motion carried unanimously.
The City Planner reviewed the memo on the Metropolitan Development Investment
Framework (MDIF); No special considerations are given for investments in
systems in the freestanding growth center. The transportation issue was
discussed as to ways to get priority funding for transportation. The
freestanding growth center classification no longer applies to Shakopee. The
City should request designation as a developing area.
Leroux/Wampach moved to direct staff to include in the position statment of the
MDIF that the city desires to become part of the "developing area" and no
longer classified as a freestanding growth center based upon the following
conclusions:
1. Shakopee is not physically separated from the larger urban area
by undeveloped land.
2. Shakopee is on the Metro Sewer System.
3. Shakopee has planned development contiguous to existing development.
4. Shakopee residents and employers are not detached from MUSA services,
facilities or systems.
Motion carried unanimously.
Leroux/Vierling moved that staff be in contact with the Scott County
Transportation Coalition as regards the MDIF and its lack of statements on
r transportation within the connecting Scott County to Hennepin County. Motion
carried unanimously.
Discussion ensued on the Comprehensive Sewer Plan Amendment to be submitted to
the Metropolitan Council which will expand the year 2000 sewer service area
south to the northerly line of the TH 101/169 by pass and east to the city
limit. The land supply figure that the Metropolitan Council has calculated for
Shakopee is 1,902 acres, which means that 384 more acres can be opened for
sewer service. The use of land trades of the sewer service area is a good
possibility. The narrative in the amendment should address acres of
undevelopable land and approval to extend sewer connections through the by-pass
r-o-w at time of construction.
Leroux/Wampach moved to direct staff to submit a Comprehensive Sewer Plan
Amendment to provide sewer service to the year 2000. Motion carried
unanimously.
7
Shakopee City Council
June 10, 1986
Page -3-
Vierling/Leroux moved to receive and place on file the memo regarding amending
the City Code to Allow Mobile Homes in Ag District. Motion carried
unanimously.
Leroux/Vierling moved to open public hearing on Appeal by Edward Colmer of
decision of the Planning Commission denying Conditional Use Permit X1450, a
helicopter ride business. Motion carried unanimously.
The City Planner explained that staff has received many letters from local
residents in opposition to the granting of conditional use permits for
helicopter services within the City limits. The Fish and Wildlife Service has
purchased from the developer of the Prairie House 1st Addition the property
where the proposed helicopter business is to operate. ,
Mr. Colmer, the applicant addressed the Council by saying he wished to withdraw
his application, because with the sale of property to the Fish and Wildlife
Service, his property no longer has public access.
Colligan/Lebens moved to close the public hearing. Motion carried unanimously.
Leroux/Colligan moved to accept Mr. Colmer's withdrawal of an application for a
conditional use permit for a helicopter ride business. Motion carried
unanimously.
Discussion ensued on Eagle Creek Junction's installations of the lateral
crossings. Ken Ashfeld, City Engineer, stated that a possible compromise might
be in order based on judgment of the mutual agreement between Gary Laurent and
Bo Spurrier, previous City Engineer, to delay the installation of the laterals.
Leroux/Vierling moved to direct the appropriate Ctiy officials to enter into a
developers agreement with Laurent Builders, Inc. whereby the City will
participate in 78.80% of the cost of one water and sewer lateral crossing of
Eagle Creek Boulevard to the proposed Eagle Creek Junction Plat and 78.80% of
the future cost of a maximum additional three sewer and water lateral crossing
of Eagle Creek Boulevard to the remaining Laurent Builders, Inc. property, cost
of such participation to be taken from the Special Assessment Fund.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Colligan/Leroux moved to direct staff to inform Mr. Howard Schmitt that the
City will participate in 84.14% of the future cost of a sewer service crossing
of Eagle Creek Boulevard, cost of such participation to be taken from the
Special Assessment Fund.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Wampach moved to have a memorandum directed from the Council and staff
to the owner of Arnie's Friendly Folks Club stating that his premises do not
meet the criteria for liquor license at this time and that no license will be
issued until such time as it does meet that criteria. Motion carried
unanimously.
Shakopee City Council
June 10, 1986
Page -4-
Council considered non-intoxicating malt liquor license renewals for July 1,
1986 until June 30, 1987.
Colligan/Wampach moved to approve Jim & Lucy's Inc. , 210 West 1st Avenue, for
On and Off Sale non-intoxicating malt liquor license. Motion carried
unanimously.
Leroux/Colligan moved to approve Richard E. Cleveland, 123 East 1st Avenue, for
Off Sale non-intoxicating malt liquor license. Motion carried unanimously.
Lebens/Colligan moved to approve Art Berens & Sons, Inc. , 123 West 2nd Avenue,
for Off Sale non-intoxicating malt liquor license. Motion carried unanimously.
Vierling/Leroux moved to approve Superamerica Stations Inc. , 1155 East lst
Avenue, for Off Sale non-intoxicating malt liquor license. Motion carried
unanimously.
Wampach/Vierling moved to approve Cedar Fair Limited Partnerhsip, One
Valleyfair Drive, for On Sale non-intoxicating malt liquor license. Motion
carried unanimously.
Leroux/Vierling moved to approve Holiday Stationstores, 444 East lst Avenue,
for Off Sale non-intoxicating malt liquor license. Motion carried unanimously.
Colligan/Leroux moved to approve Pizza Huts of the Northwest, 257 Marschall
Road, for On Sale non-intoxicating malt ' liquor license. Motion carried
unanimously.
Lebens/Vierling moved to approve Brooks Superette Inc. , 615 Marschall Road, for
Off Sale non-intoxicating malt liquor license. Motion carried unanimously.
Vierling/Leroux moved to approve Speedway Concessions, Inc. , 6528 T.H. 101, for
On Sale non-intoxicating malt liquor license. Motion carried unanimously.
Wampach/Leroux moved to approve Q Petroleum, 235 West 1st Avenue, for Off Sale
non-intoxicating malt liquor license. Motion carried unanimously.
Leroux/Vierling moved to table the application of Coll-Prahm Inc. , 2400 East
4th Avenue, for On Sale non-intoxicating malt liquor license. Motion carried
with Cncl. Colligan abstaining.
Leroux/Vierling moved to table the application of Tom Thumb Food Markets, 590
So. Marschall Road, for Off Sale non-intoxicating liquor license. Motion
carried unanimously.
Vierling/Leroux moved to approve JBF Inc. , 823 East lst Avenue, for On Sale
non-intoxicating malt liquor license. Motion carried unanimously.
Lebens/Leroux moved to approve Fraternal Order of Eagles, 220 West 1st Avenue,
for On Sale non-intoxicating malt liquor license. Motion carried unanimously.
7
Shakopee City Council
June 10, 1986
Page -5-
Vierling/Leroux moved to table the application of Kwai and Grace Poon, 237 East
1st Avenue, for On Sale non-intoxicating malt liquor license. Motion carried
unanimously.
Wampach/Leroux moved to table the application of Brooks Superette, Inc. X142,
1147 Canterbury Road, for Off Sale non-intoxicating malt liquor license.
Motion carried unanimously.
Council considered Set-Up license renewals for July 1, 1986 until June 30,
1987.
Colligan/Vierling moved to grant a 1986-87 license to only allow consumption
and display of intoxicating liquor to Jim & Lucy's Inc. , 201 West 1st Avenue.
Motion carried unanimously.
Leroux/Colligan moved to grant a 1986-87 license to only allow consumption and
display of intoxicating liquor to Knights of Columbus Home Assoc. , Inc. , 1760
East 4th Avenue. Motion carried unanimously.
Wampach/Leroux moved to grant a 1986-87 license to only allow consumption and
display of intoxicating liquor to Coll-Prahm, Inc. , 2400 East 4th Avenue.
Motion carried unanimously.
Lebens/Leroux moved to grant a 1986-87 license to only allow consumption and
display of intoxicating liquor to Fraternal Order of Eagles, 220 West 2nd
Avenue. Motion carried unanimously.
Council considered intoxicating liquor license renewals for July 1, 1986 until
June 30, 1987.
`3ieriing Molligan move& to approve applications ana grant din Bale anti Vil Sale
liquor licenses to Pullman Club, Inc. , 124 West 1st Avenue. Motion carried
unanimously.
Leroux/Vierling moved to approve applications and grant On Sale, Sunday, and
Off Sale liquor licenses to XX Corporation & Wittles, Inc. , 1561 East 1st
Avenue. Motion carried unanimously.
Lebens/Colligan moved to approve applications and grant On Sale and Off Sale
liquor licenses to Clair's Bar Inc. , 124 South Holmes. Motion carried
unanimously.
Leroux/Vierling moved to table the application of Valley Liquor Inc. , 1104
Minnesota Valley Mall, for Off Sale liquor license. Motion carried
unanimously.
Vierling/Leroux moved to table the application of Weiss Company, Inc. , 8522
East Highway 101 for Off Sale liquor license. Motion carried unanimously.
Colligan/Vierling moved to table the application of R. Hanover, Inc. , 911 East
1st Avenue, for On Sale and Sunday liquor license. Motion carried unanimously.
Shakopee City Council
June 10, 1986
Page -6-
Leroux/Vierling moved to table the application of S.E.L.F. Inc. , 1135 East 1st
Avenue, for On Sale and Sunday liquor license. Motion carried unanimously.
Vierling/Leroux moved to table the application of VFW Post 4046, 132 East lst
Avenue, for Sunday and Club liquor license. Motion carried unanimously.
Colligan/Vierling moved to approve American Legion Club Post No. 2, 1256 East
1st Avenue, for Sunday and Club liquor license. Motion carried unanimously.
Colligan/Vierling moved to approve Knights of Columbus, 1760 East 4th Avenue,
Sunday and Club liquor license. Motion carried unanimously.
Wampach/Colligan moved to approve Minnesota Concessions, Inc. , 1100 Canterbury
Road, On Sale, Sunday, and Off Sale liquor license. Motion carried
unanimously.
Leroux/Vierling moved to approve Family Dining, 6268 Hwy. 101, Off Sale liquor
license. Motion carried unanimously.
Colligan/Vierling moved to approve CRE Restaurant Co. , 1583 East 1st Avenue, On
Sale and Sunday liquor license. Motion carried unanimously.
Leroux/Lebens moved to table the applications of Friendly Folks, 122 East 1st
Avenue, On Sale, Sunday and Off Sale liquor license. Motion carried
unanimously.
Wampach/Vierling moved to approve Riverside Liquors Inc. , 507 East 1st Avenue,
Off Sale liquor license. Motion carried unanimously.
Leroux/Colligan moved to approve the application and grant an 1986-87 On Sale
Wine License to Cedar Fair Limited Partnership, One. Valleyfair Drive. Motion
carried unanimously.
Discussion ensued on recording and follow-up of Developers Agreements. Before
releasing any developers agreement staff checks to see if the improvements have
been made and if they have passed the warranty and see if there are any
additional conditions in the developers agreements.
Leroux/Wampach moved to receive the file and recording and follow-up of
Developers Agreements memorandum of May 29, 1986. Motion carried unanimously.
Discussion ensued on the Fox Run 1st Addition - Developers Agreement. The
developer is being required to put in the street but not until such time as he
askes to put the street in. The developers are petitioning for the street
improvements and are waiving their rights to public hearings and contesting the
assessments; and agreeing to pay for installation of electricity whether or not
served by SPUC and are also agreeing to paying park dedication.
Leroux/Colligan moved to approve a revised developers agreement, versus the
City's standard developers agreement, for Fox Run 1st Addition, approved by the
Assistant City Attorney. Motion fails with Leroux and Colligan approved.
7
Shakopee City Council
June 10, 1986
Page -7-
Wampach/Vierling moved to invite the developer of Fox Run 1st Addition back to
the Council to discuss the plat. Motion carried with Colligan and Leroux
opposed.
Discussion ensued on Upper Valley Drainage and Dean's Lake Outlet. The
following issues were discussed: Flow Rates; Detention Volumes; Drainageway
Alignment; Upper Valley Outlet; 101 Bypass Drainage and Combined Facilities;
and Dean Lake Outlet. The City Engineer stated that the major portion of the
drainage that will be intercepted by the by-pass will be coming from the
easterly direction.
Leroux/Vierling moved to agree with staff's interpretation of the task and
desired time schedule to complete the task regarding Upper Valley Drainage and
Dean's Lake Outlet. Motion carried unanimously.
Wampach/Lebens moved to direct the City Engineer to obtain engineering cost
estimates to complete the categorized tasks as indicated in his May 14, 1986,
memo regarding Upper Valley Drainage and Dean Lake Outlet. Motion carried
unanimously. (Doc. No. cc-116).
Leroux/Lebens moved for a 10 minute recess. Motion carried unanimously.
Leroux/Wampach moved to reconvene at 9:25 p.m. Motion carried unanimously.
Discussion ensued on the Street Rehabilitation Funding Policy. There are two
classifications of overlayments: single lip thin overlay which is considered a
norman maintenance procedure carried out under the annual pavement preservation
program; also a multi-lip overlayment and sub base work which is normally done.
The City Engineer is recommending a redefinition of overlay as well as
redefining the zones by decreasing the size zones so that the number of
assessments would be less or create larger projects and do one zone at a time.
Vierling/Lebens moved to direct the City Engineer to draft a resolution
modifying the Pavement Preservation and Rehabilitation Funding Policy as per
recommendations presented in his may 12, 1986 memo and bring same back to
Council for consideration, for overlay only, not redefining zones. Motion
carried unanimously. (Doc. No. cc-117).
Leroux/Vierling moved that staff be directed to come back with a specific
delineation for reconsidering the zones and putting together estimated dollar
impact on the zone. Motion carried unanimously.
The City Administrator reviewed the policy of additional staffing as "Temporary
Employees". Discussion ensued on whether the 60 day notice of termination is
necessary.
Leroux/Colligan moved to authorize the appropriate City officials to draft a
permanent employee job description for a Building Official and Planner I
position, each including a note on the employee payroll authorization regarding
termination of the position based upon work load in accordance with Section 19
of the personnel resolution. Motion carried with Vierling and Lebens opposed.
Shakopee City Council
June 10, 1986
Page -8-
Discussion ensued on the remodeling of the upstairs of the City Hall. Concern
was raised on the matter of spending $16,000 to remodel if a new City Hall will
be built within a few years. Consensus was to investigate possibilities of
relocating the Council Chambers and remodel the Council Chambers or upstairs of
the City Hall.
Colligan/Vierling moved to refer the upstairs remodeling of City Hall back to
staff to consider two alternatives, remodeling of upstairs at a cost under
$10,000 or relocating the Council Chambers and remodeling it for offices.
Motion carried unanimously.
The City Administrator reviewed the Policy and Program Issues Involving
Shakopee's Use of Tax Increment Financing.
Leroux/Colligan offered Resolution No. 2551 amending Resolution No. 1841
setting forth the application procedures and requirements for TIF redevelopment
projects, and moved its adoption. Motion carried with Cncl. Lebens opposed.
Colligan/Leroux offered Resolution No. 2552 amending Resolution No. 1842
setting forth the application procedures and requirements for TIF economic
development projects, and moved its adoption. Motion carried with Lebens
opposed.
Leroux/Wampach offered Resolution No. 2391 amending Resolution No. 2191 setting
forth the application procedures and requirements for TIF housing projects, and
moved its adoption. Motion carried with Cncl. Lebens opposed.
Leroux/Vierling moved to approve the employment of Dennis Kraft as Community
Development Director effective July 14, 1986 at a salary of $37,808 per year,
Step 10 in the Pay Plan with the stipulation that he sign a letter of
employment stating a 2-year tenure period with loss of severence pay in the
event that he should leave voluntarily before the 2 years are satisfied.
Roll Call: Ayes: Cncl. Vierling, Wampach, Colligan, Leroux, and Mayor Reinke
Noes: Cncl. Lebens
Motion carried.
Colligan/Wampach moved to offer Resolution No. 2574, a Resolution Amending
Resolution No. 1870, Approving the By-laws of the Shakopee Fire Department
Relief Association, and moved for its adoption. Motion carried unanimously.
Leroux/Lebens moved to receive and place on file the informational letter from
City of Shakopee Police Department regarding downtown parking dated June 6,
1986. Motion carried unanimously.
Vierling/Leroux moved to receive and place on file the memo from Ken Ashfeld,
City Engineer regarding Storm Sewer Utility Billing dated June 6, 1986.
carried unanimously. Motion
Discussion ensued on where to place the flag brackets on the street pole
brackets. A few weeks ago the Chamber of Commerce had banners installed by
SPUC on these same light poles but are installed at the same elevation as the
flag brackets and Christmas decorations. It was the consensus of the Council
that the flags should be above the banners.
Shakopee City Council
June 10, 1986
Page -9-
Vierling/Leroux moved to authorize Mayor Reinke to attend the Citizens League
34th Annual meeting to be held Tuesday, June 24, 1986.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Colligan moved to amend the motion to hire Mr. Dennis Kraft by changing
the starting date to July 21, 1986. Motion carried unanimously.
Leroux/Vierling moved to adjourn to June 17, 1986, at 7:00 p.m. Motion carried
unanimously. Meeting adjourned at 11:00 p.m.
Judith S. Cox
City Clerk
Carol L. Schultz
Recording Secretary
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OFFICE OF THE CHIEF °F4�
MINNESOTA STATE PATROL
107 TRANSPORTATION BUILDING
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
SAINT PAUL 55155
June 11, 1986
John K. Anderson
City Administrator
129 East First Avenue
Shakopee, MN 55379-1376
Dear Mr. Anderson:
Thank you for your letter dated June 6th in which you request additional
Minnesota State Patrol personnel in the City of Shakopee.
I concur with the need for additional Troopers not only in the Shakopee
area but also in many other areas of the State of Minnesota. I intend
to present my request for additional Troopers to the legislature during
the next session. If I am successful in getting the additional personnel,
the Shakopee station will be one of my priorities.
Thank you for your concern and anticipated support.
Sincerely,
er ng
Chie
Minnesot tate Patrol
DRL:sc
cc: Commissioner Tschida
Captain Steffen
AN EQUAL OPPORTUNITY EMPLOYER
i
To:Cit;.T Coun-cit o ' Shakopee
1 describeai in
Jac',--son Business Parr: �LasZs to plat the property .�
11ibit 111.11 as quickly as possible.
?le would 1i �e to have the souther portion o' t: i s -i ooe,�t ' _roil
.., -�.
Js.c:L;�on ��less Pwri�
12810 Chestnut Blvd
Sham>opee, Lr.. 55379
.;,:Y,5 83 C0
r-
TOTAL PARCEL
EXHIBIT "A"
LEGAL DESCRIPTION
The Southwest quarter of the Northwest quarter (SWk of
NW1t) of Section Seven (7). .Township one hundred and fifteen
(115), Range twenty two (22), the Southeast quarter of the
Northwest quarter (SEk of NWk), the Northeast quarter of the.
Southwest quarter (NFh of SV%), the North thirty (30) rods
of the Southeast quarter of the Southwest quarter (SE14 of
SWk), also the following: Commencing at a point fifty (50)
rods North and forty one (41) rods East of the Southwest
corner of Section Seven (7) , Township one hundred and
fifteen (115) Range, twenty two (22), thence running North
eighty (80) rods, thence East to the West line of the North—
east quarter of the Southwest quarter (NEh of SW1t) said
Section Seven (7), thence South- on the West line of said
Northeast quarter of the Southwest quarter (NES of SW3%) and
Southeast quarter of Southwest quarter (SEst of SWk) of said
Section Seven (7) eighty (80) rods, thence West to the place
of beginning, also the East two (2) rods of the Northeast
quarter of the Northwest quarter (NES of NWk) , all being
situated in Section Seven (7) , Township one hundred and
fifteen (115), Range twenty two (22) except the East two (2)
rods of the Northeast quarter of the Northwest quarter (NEk of
NW1t) of Section Seven (7), Township one hundred and fifteen
(115) , Range Twenty two (22), all in Scott County, Minnesota. ,
North thirty (30) rods of the West eighty (80) rods of
the Southwest quarter (SWk) of Section Seven (7), Township
one hundred and fifteen (115), Range twenty two (22), Scott
County, Minnesota, according to the plat thereof on file and
of record in the office of the Register of Deeds and in and
for said County and State.
LEGAL DESCRIPTION OF LAND IN SECTION 7, T115N, R22W, City of Shakopee
Scott County, Minnesota TO BE REZONED FROM AG TO R-2.
The North thirty (30) rods of the Southeast quarter of the Southwest quarter
(SE 1/4 of SW 1/4) of Section 7, T115N, R22W,
also the following: Commencing at a point fifty (50) rods North and forty
one (41) rods East of the Southwest corner of Section Seven(7) , Township
one hundred and fifteen (115) Range, Twenty two (22) , thence running North
eighty (80) rods, thence East to the West line of the Northeast quarter of
the Southwest quarter (NE 1/4 of SW 1/4) and Southeast quarter of Southwest
quarter (SE 1/4 of SW 1/4) of said Section Seven (7) L eighty (80) rods,
thence West to the place of beginning,
also the Northeast quarter of the Southwest quarter (NE 1/4 of SW 1/4) of
said Section seven (7) ,
and also the North thirty (30) rods of the West eighty (80) rods of the
Southwest quarter (SW 1/4) all of Section Seven (7) , Township one hundred
and fifteen (115) , Range twenty two (22) 1, Scott County, Minnesota.
Legal Description exerpted from transfer documents.
6/26/86 L.E. Samstad
MEMO TO: John K. Anderson, City Administrator
FROM: Judi Simac, City Planner
RE: Appeal of C.U.P. #464 - Wishingwell Farm & Training
Center
DATE: June 26 , 1986
Introduction•
At their June 5 , 1986 meeting the Planning Commission
approved Conditional Use Permit No. 464 , to allow a commercial
feedlot to be known as the Wishingwell Farm and Training Center.
The conditions of approval are as follows:
1. Applicant must obtain an Animal Feedlot Permit from the MPCA
prior to the issuance of a building permit.
2. Applicant must obtain a County Highway Entrance Permit.
Applicant must also verify with MnDOT the R/W limits of the
T.H. 101 By-Pass and ensure that the sight distance is
considered as part of the County Highway Entrance Permit.
3 . Applicant must provide on-site parking at a minimum of 28
spaces in addition to the future parking spaces shown on the
amended application.
4 . Landscape plan with screening of trailer parking area to be
approved by the City Planner prior to the approval of a
building permit.
5. No living facilities will be provided on-site.
6 . The C.U.P. will be monitored by staff for dust control and
reviewed by the P. C. annually.
Background:
An appeal to the decision of the Planning Commission has
been submitted by Gilbert Laurent, Jerome Vierling, Lawrence
Vierling and Eldon Greenwood. The appellants stated that they do
not feel the "feed-lot" is an appropriate use for the land at
this time. They intend to present their reasons for appeal at
the Council meeting.
The Conditional Use Permit was amended at the public hearing
to also include the construction of two stall barns, breeding
barn, stallion barn, additional roads and parking areas and
additional fencing (these items are shown on the site plan as
"future" ) .
Attached are copies of the staff report, minutes of the
Planning Commission meeting and site plans.
Action Reauested:
Offer Conditional Use Permit Resolution of the CC No. CC-464
and move for its adoption subject to the conditions recommended
by the Planning Commission.
Attachments
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MEMO TO: Shakopee Planning Commission
FROM: Judi Simac, City Planner
DATE: May 30 , 1986
APPLICANT: Wishingwell Farm and Training Center
LOCATION: N 1/2 of NW 1/4 Section 18 (see location map)
ZONING: Agricultural Preservation District (Ag)
LAND USE: Vacant Ag
APPLICABLE REGULATIONS: Section 11. 24 , Subd. 3 , A
FINDINGS REQUIRED: Section 11. 04 , Subd. 6
SURROUNDING LAND USE: North - proposed T.H. 101 By-Pass
East - Farmsteads, Ag.
South - Agricultural
West - Jackson TWP - Ag zoning
PUBLIC UTILITIES: Not available
PROPOSAL: The applicant is requesting a conditional use permit
to operate a commercial feed lot (over ten horses )
in the form of a thoroughbred farm and training center.
CONSIDERATIONS:
1. The first phase of the development will consist of the
construction of a 3/4 mile dirt training track with inside
and outside rails, two single story pole barns with box
stalls , fenced electric walking wheel area and a storage
barn.
Future construction includes a turf training track, arena,
office building and barns. The applicant has left the
northwest corner of the property open for the long range
Possibility of home sites.
2 . The initial operation will include thoroughbred horse training,
boarding, rehabilitation and stall rentals. Each barn
can accommodate a maximum of 60 horses. The business will
operate fully during the summer season (related to Canterbury
Downs meet schedule) and minimally during the winter.
Approximately 12 persons will be employed.
3 . The applicant must obtain an Animal Feedlot Permit from
the Mn Pollution Control Agency (MPGA) . The permit review
includes potential pollution hazards and manure handling.
4. The applicant must obtain a County Highway Entrance Permit.
They must also verify with the MnDOT the T.H. 101 By-Pass
R/W limits as they relate to the parcel. The County Engineer
wants all tree plantings beyond 50 ft. of the CR 79 centerline.
5 . Fencing surrounding the property will be 6 feet. The future
barn will have to be set back 40 ft. for the east property
line. Given the proposed number of employees and boarding
customers, parking should be increased. The future parking
area should be constructed as a part of Phase I natural
screening should be provided along the south property line
to screen the trailer parking area.
Recommendation:
Staff recommends approval of the conditional use permit
based upon the following .findings.
1. The use is consistent with the zoning and comprehensive
plan and is compatible with existing adjacent uses .
2 . Adequate access to the site is being provided.
3 . The establishment of the use will not impede the normal
and orderly development of surrounding vacant property.
Action Requested:
Offer C.U.P. Res. #464 and move for its adoption subject
to the following conditions:
1. Applicant must obtain an Animal Feedlot Permit from
the MPCA prior to the issuance of a building permit.
2 . Applicant must obtain a County Highway Entrance Permit.
Applicant must also verify with MnDOT the R/W limits
of T.H. 101 By-Pass.
3 . Applicant must provide on-site parking at a minimum
of 28 spaces.
4. Landscape plan w/screening of trailer parking area
to be approved by City Planner prior to approval of
building permit.
5 . No living facilities will be provided on-site.
TO: CITY OF SHAKOPEE
FROM: WISHING WELL FARM & TRAINING CENTER
SUBJECT: CONDITIONAL USE PERMIT
THE WISHING WELL FARM & TRAINING CENTER HAS SIGNED A PURCHASE
AGREEMENT WITH LOIS FLECK OF NEW ULM, MINNESOTA, FOR THE PURCHASE
OF APPROXIMATELY 67 ACRES OF LAND LOCATED IN THE SOUTH PART OF
THE CITY OF SHAKOPEE .
THE PURCHASE IS CONTINGENT UPON THE APPROVAL OF SHAKOPEE PLANNING
AND ZONING CONDITIONAL USE PERMIT, P.C .A. PERMIT, AND BUILDING
PERMITS TO IMPROVE THE PROPERTY, ON OR BEFORE JULY 15 , 1986 .
THE PROPERTY IS LEGALLY DESCRIBED AS ' THE N 1/2 OF THE NW 1/4 OF
SECTION 18 TWP 115 RANGE 22 EXCEPT THE N 10 RODS , ALSO KNOWN AS
THE LOIS FLECK PROPERTY' .
A SURVEY OF THE PROPERTY, INCLUDING ELEVATIONS , WILL BE COMPLETED
BEFORE THE CLOSING ON THE PROPERTY, PROVIDING NECESSARY PERMITS
CAN BE OBTAINED .
THE APPROXIMATE DIMENSIONS OF THE PROPERTY ARE 1155 ' FRONTAGE ON
THE EAST SIDE OF COUNTY ROAD 79 WITH A DEPTH OF APPROXIMATELY
26401 . MOST OF THE LAND IS LEVEL AND HIGH WITH THE N/NW 14 ACRES
HAVING A GRADUAL DOWNWARD SLOPE IN A NORTHERLY DIRECTION.
PROPOSED INITIAL OPERATIONS CONSIST OF THOROUGHBRED HORSE
TRAINING, HORSE BOARDING AND REHABILITATION, AND STALL RENTALS.
FUTURE OPERATIONS ARE EXPECTED TO INCLUDE HORSE BREEDING.
THE BUSINESS IS EXPECTED TO BE SEASONAL WITH FULL OPERATIONS
DURING THE SUMMER MONTHS , RELATED TO RACING AT CANTERBURY DOWNS,
AND MINIMAL OPERATIONS DURING THE WINTER MONTHS.
DURING THE SUMMER MONTHS OF 1987, WE EXPECT TO EMPLOY 12 PEOPLE
FOR TRAINING, BOARDING, AND OVERALL OPERATIONS . IN ADDITION, WE
EXPECT 10 PEOPLE ON THE PREMISES AS A RESULT OF STALL RENTALS .
DURING THE WINTER MONTHS WE ANTICIPATE FIVE EMPLOYEES .
MOST OF THE ACTIVITY WILL TAKE PLACE DURING NORMAL TRAINING
HOURS , FROM 6 : 00 AM. TO 12 : 00 NOON, WITH LIGHT ACTIVITY DURING
THE AFTERNOONS .
CURRENTLY THERE ARE NO BUILDINGS WITHIN 100 ' OF THE SITE .
INITIAL CONSTRUCTION IS TO INCLUDE:
1. A 3/4 MILE DIRT TRAINING TRACK WITH INSIDE AND OUTSIDE
RAILS.
2. TWO SINGE STORY POLE BARNS WITH METALLIC SIDES, EACH
72 - WIDE, 240- LONG, 12 - HIGH TO EAVES. EACH BARN WILL
CONTAIN BOX STALLS, WASHRACKS, AND ROCMS TO BE USED FOR
TACK, FEED, HAY, OR FOR DORMITORY PURPOSES. ONE OF THE
BARNS WILL CONTAIN AN OFFICE, AND SEPARATE MENS AND
LADIES BATHRCDMS, EACH WITH A SHOWER.
3. A FENCED 48'X48' AREA ON EACH CORNER OF THE BARNS WHICH
KILL ENCLOSE ELECTRIC WALKING WHEELS.
4. TWO 12'X16'X3' CONCRETE MANURE BINS AT THE REAR (EAST)
SIDE OF EACH BARN.
5. A 48'X84'X12' STORAGE BARN FOR FEED, HAY, STRAW, AND
MAINTENANCE EQUIPMENNT.
6. FOUR-RAIL WOOD FENCES AROUND THE PERIMETER OF THE PROPERTY,
RECESSED FOR LANDSCAPING PURPOSES AND TO CONTROL WEED
GROWTH, EIC. ON FELE LINES. ADDITIONAL FOUR-RAIL WOOD
FENCES TO ENCLOSE PASTURE AREAS.
7. TWO-RAIL WOOD FELE AT SIDES AND REAR OF TRAILER PARKING
AREA.
8. GRAVEL ON ROADS AND PARKING AREAS.
9. 1%7�TER WELL AND NECESSARY DATER LINES.
10. SEPTIC SYSTEM AND REQUIRED SENA LINES.
11. ELECTRICITY AS REQUIRED.
12. DIRT WORK FOR DRAINAGE AND LANDSCAPING.
13. TREES PLANTED EVERY 50' ALONG COUNTY ROAD KITH ADDITIONAL
TREES, ETC. AS DESIRED.
14. DECORATIVE ENTRY WAY.
15. AN 8'X16' SIGN DEPICTING NAME AND OPERATION.
16. SECURITY GATE.
AN ELEVATION SURVEY HAS NOT BEEN CalPLETED, HOWT ER IT APPEARS
THAT NATURAL DRAINAGE WILL BE EASILY ATTAINED WITH A MINIMUM OF
DIRT WORK. CULVERTS WILL BE INSTALLED AS NECESSARY.
OUR INITIAL OUTSIDE LIGHTING PLAN CONSISTS OF MERCURY VAPOR YARD
LIGHTS MOUNTED ON THE WEST SIDE OF EACH BARN AND ADDITIONAL
LIGHTING AT CUR ENTRY-WAY.
MANURE WILL BE TAKEN DAILY FROM STALLS AND PLACED IN CONCRETE
BINS AT THE REAR OF EACH BARN AND THEN PERMANENTLY DISPOSED OF BY
DISTRIBUTING IN THE INFIELD OF THE TRACK. INE ALSO PLAN TO
CONSIDER TEMPORARY BINS WITH THE MANURE HAULED OFF IF THE COSTS
ARE NOT PROHIBITIVE.
CURRENTLY THERE ARE THREE TREES OF MORE THAN 6 INCHES IN DIAMETER
ON THE WEST SIDE OF THE PROPERTY NEAR THE ENTRY jQAY. THESE TREES
ARE IN VERY BAD CONDITION, NOT HAVING BEEN TRIMMED OR CARED FOR
PROPERLY. j,\TE WISH TO REMOVE THEM.
FUTURE CONSTUCTION INCLUDES:
1. A TURF (GRASS) TRAINING TRACK
2. TWO STALL BARNS, BREEDING BARN, AND STA=ON BARN.
3. A CLEAR SPAN BUILDING TO BE USED AS A SMALL ARr';IgA, BREAKING
AREA, ETC.
4. OFFICE BUILDING.
5. ROOF OVER WALKING VHEEL AREAS.
6. ADDITIONAL ROADS AND PARKING AREAS.
7. BLACK-TOPPING ROADS AND PARKING AREAS.
8. ADDITIONAL FENCES TO DIVIDE PASTURES.
WE HAVE PURPOSELY KEPT THE SOUTHWEST CORNER VOID OF CONSTRUCTION,
OTHER THAN FENCES, FOR THE LONG-RANGE POSSIBILITY OF HOME SITES.
3
_ DESIGN
THE C1
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MATCH LIN :
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CITY OF SHAKOPEE
CONDITIONAL USE PERMIT RESOLUTION OF THE CITY COUNCIL NO. CC- 464
WHEREAS , Wishingwell Farm & Training having duly filed an
application for a Con itiona Use i'ermit dated 5-19-86
under the provisions of the Shakopee Zonin- Ordinance , Section
11. 04 , Subd. 6as follows :
A C.U.P. to operate a commercial feed lot in the form of a
thoroughbred farm and training center
in a Ag zoned area ; and
WHEREAS , the pro=perty upon which the request is being made is
described as : N� of NW 4 Section 18
and
WHEREAS , said proposed Conditional Use Permit request was approved
by the Shakopee Planning Commission of the City of Shakopee , Minnesota
at their meeting held June 5 , 1986 and said Conditional Use
Permit decision is herewith being appeale to the City Council ; and
WHEREAS , the Shakopee City Council on July 1, 1986 held a
public hearing on the appeal from the decision of the Planning Commission.
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 upon considering the suggestions
made by the applicant and the suzgestions 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 aforementioned Conditional Use Permit be and
is hereby pursuant to the following :
BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code ,
Sec . 11. 04 , Subd . 6C-12 , if an approved Conditional Use Permit is
not utilized within one year from date herein approved or by
July l , 19 87 it shall become null and void .
Adopted in regular session of the City Council of the City
of Shakopee , Minnesota held this lstday of July
19 86 _
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 meet-
ing of the City Council of the City of Shakopee, Minnesota,
was duly held in the Shakopee City Hall on July 1, 1986,
commencing at 7 : 30 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 bids which had been received for
the purchase of the City ' s $500 , 000 General Obligation Tax
Increment Bonds, Series 1986A, as advertised for sale . The
City Clerk presented affidavits showing publication of
notice of sale in the City ' s official newspaper and in Com-
mercial West , a financial paper published in Minneapolis,
Minnesota, which affidavits were examined, found satisfac-
tory, and ordered placed on file .
The City Finance Director presented a tabulation of the
bids which had been received in the manner specified in the
notice of sale of the Bonds . The bids were as follows :
After due consideration of the bids, Councilmember
introduced the following resolution and moved
its adoption:
RESOLUTION NO. �SgZ
RESOLUTION AWARDING THE SALE OF $500 , 000
GENERAL OBLIGATION TAX INCREMENT 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 $500 , 000 General Obliga-
tion Tax Increment Bonds, Series 1986A ( the "Bonds" ) , as de-
scribed in the notice of sale thereof, is hereby found and
determined to be the highest and best bid received pursuant
to duly advertised notice of sale and 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 $492 , 500 , shall be credited to the
Debt Service Account hereinafter created. The City Finance
Director is directed to retain the good faith check of the
Purchaser pending completion of the sale and delivery of the
Bonds and to return the checks of the unsuccessful bidders
forthwith.
2 . The City of Shakopee shall forthwith issue and sell
its General Obligation Tax Increment Bonds , Series 1986A, in
the total principal amount of $500 , 000 . The Bonds shall be
dated July 1, 1986 , shall be fully registered without
interest coupons and shall be numbered R-1 et seq. , shall be
in the denomination of $5 , 000 each, or in integral multiples
3 -
thereof , shall bear interest as set forth below, all inter-
est payable February 1 , 1987 , 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
1990 $20 , 000 % 1996 $40 , 000 %
1991 30 , 000 1997 45 , 000
1992 30 , 000 1998 50, 000
1993 35, 000 1999 55, 000
1994 35, 000 2000 60 , 000
1995 40 ,000 2001 60, 000
All Bonds maturing after February 1, 1995, are subject to
redemption at the option of the City on said date and on any
interest payment date thereafter in inverse order of maturi-
ties at par plus accrued interest to date of redemption. If
not all of the principal amount of Bonds of the same matur-
ity are called for redemption, the Bond Registrar (herein-
after 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 authenticate
and deliver to each registered holder of a Bond partially
redeemed thereby a new Bond in the remaining principal
amount not so redeemed. The Bonds are also subject to
extraordinary redemption from unexpended proceeds of the
Bonds upon the terms and conditions set forth in the form of
the Bonds contained in paragraph 5 of this Resolution.
3 . The City Council hereby combines the foregoing
maturity schedule for the Bonds with the maturity schedules
of all of the City ' s outstanding general obligation bonds
and hereby determines that such combined maturity schedule
satisfies the requirements stated in Minnesota Statutes ,
Section 475 . 54 , Subdivision 1 .
4 . Both principal of and interest on the Bonds shall
be payable by , in the City of
which shall also act
as registrar and transfer agent for the Bonds, or by its
duly appointed and qualified successor thereto ( such agent
or successor herein referred to as the "Bond Registrar" ) ,
and the City shall pay the reasonable charges of the Bond
Registrar for such services .
5 . The Bonds shall be in substantially the following
form:
4 -
1( 0_/
No. R- $
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF SHAKOPEE
GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1986A
RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP
July 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 pre-
sentation 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 per annum rate of interest specified above, all
interest payable on February 1 and August 1 of each year ,
commencing February 1 , 1987 ( the "Interest Payment
Dates" ) . Both principal of and interest on this Bond are
payable by in the City of
" or by its duly appointed suc-
cessor as paying and authenticating 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 . On the last
business day of the Bond Registrar prior to each Interest
Payment Date the Bond Registrar will pay the interest then
due on this Bond 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 prior to 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
- 5 -
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 :
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 , 1995 ,
are subject to redemption at the option of the City in in-
verse order of maturities on said date and on any Interest
Payment Date thereafter at a price of par plus accrued in-
terest to date of redemption. If the City elects to prepay
a princpal 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.
In the event that pursuant to federal laws and regu-
lations the City is required to use unexpended proceeds of
the Bonds for early redemption of Bonds in order to preserve
the exemption of the interest on the Bonds from federal
income taxation, the City shall use such unexpended Bond
proceeds to redeem Bonds, on the date specified in notice
given pursuant to law of such redemption, at 102% of par
plus accrued interest to the date of redemption. 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 or portions thereof to be prepaid will be chosen by
lot by the Bond Registrar .
This Bond is one of an issue of fully registered Bonds
without interest coupons in the total principal amount of
$500 ,000 , all of like date and tenor except as to maturity,
interest rate, redemption privilege , and registration num-
ber , all issued by the City for the purpose of providing
funds to defray the expenses incurred and to be incurred in
making public improvements, pursuant to and in full confor-
mity with the Constitution and laws of the State of Min-
nesota, including Minnesota Statutes, Sections 273 . 71 to
273 .78, inclusive, and Chapter 475 , and is payable from ad
valorem tax increments derived from certain tax increment
financing districts within the City and pledged to the pay-
- 6 -
1 0.-
ment hereof pursuant to a resolution adopted by the
governing body of the City ( the "City Council" ) on July 1 ,
1986 , authorizing the issuance of the Bonds, and pursuant to
a certain Tax Increment Pledge Agreement respecting the
Bonds , dated as of July 1 , 1986 , between the City and the
Housing and Redevelopment Authority in and for the City of
Shakopee, Minnesota, but this Bond constitutes a general
obligation of the City, and, to 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 taxable 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 Reg-
istrar shall authenticate and deliver in the name of the
designated transferees a new registered Bond or Bonds of the
same aggregate amount, maturity, rate of interest, and other
terms hereof . Only the Registered Owner shall be entitled
to receive the principal of and interest on this Bond, and
the City and the Bond Registrar may treat the Registered
Owner as the absolute owner hereof for all other purposes
whatsoever .
IT IS HEREBY CERTIFIED AND RECITED that all acts , condi-
tions , and things required by the Constitution and laws of
the State of Minnesota to be done, to have happened, and to
be performed precedent to and in the issuance of this Bond
have been done, have happened, and have been performed in
regular and due form, time, and manner as required by law;
and that this Bond, together with all other indebtedness of
the City outstanding on the date hereof and on the date of
its actual issuance and delivery, does not cause the indebt-
edness of the City to exceed any constitutional or statutory
r
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 July 1, 1986 .
7 -
C
(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
Its Authorized Signature
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned, hereby sells,
assigns, and transfers unto
(Tax Identification or Social Security No. )
this Bond and all rights thereunder and hereby irrevocably
constitutes and appoints 01
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.
8 -
i 1 �-
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 City UNIF GIFT MIN ACT -
TEN ENT - as tenants by the Custodian
entireties (Cust ) (Minor )
under Uniform Gifts to Minors
JT TEN - as joint tenants with
right of survivorship Act of
and not as tenants in ( State)
City
Additional abbreviations may also be used though not in the
above list .
(End of Bond Form)
6 . 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:
r 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
- 9 -
rr a--
7 . The Bonds shall be executed on behalf of the City
by the facsimile signatures of the Mayor and the City
Administrator and shall be duly authenticated by the manual
signature of an authorized representative of the Bond
Registrar , hereby designated by the City as its authen-
ticating agent for the Bonds pursuant to Minnesota Statute,
Section 475 . 55 , Subdivision 1 . The Bonds , when fully exe-
cuted, shall be delivered by the City Finance Director to
the Purchaser upon receipt of the purchase price, and the
Purchaser shall not be obligated to see to the proper appli-
cation thereof . If it becomes desirable or necessary that
the City close on the Bonds prior to the time that printed
Bonds can be prepared, executed, and delivered, the City may
deliver to the Purchaser temporary typewritten Bonds
( including with respect to each maturity a, single Bond in
the full principal amount thereof ) , duly executed and
authenticated in accordance with applicable law, which
temporary Bonds shall be exchanged for definitive Bonds as
soon as the same can be prepared and delivered in accordance
with this Resolution.
8. There is hereby created on the official books and
records of the City an account designated as $500 , 000 Gen-
eral Obligation Tax Increment Bonds, Series 1986A, Debt Ser-
vice Account ( the "Debt Service Account" ) , which shall be
held in trust by the City for the benefit of the owners from
time to time of the Bonds , as hereinafter provided. Until
the principal of and interest on all of the Bonds are paid,
or until all of the Bonds are otherwise discharged as
hereinafter provided, there shall be credited to and main-
tained in the Debt Service Account ( 1 ) first , those tax
increments ( the "Tax Increments" ) which are received by the
City pursuant to that certain Tax Increment Pledge Agreement
respecting the Bonds, dated as of July 1 , 1986 , between the
City and the Housing and Redevelopment Authority in and for
the City of Shakopee, Minnesota, in amounts , but only in
such amounts, which will be sufficient to pay, when due , the
principal of and interest on the Bonds; and ( 2 ) second, the
proceeds of any general ad valorem taxes hereafter levied by
the City for the purpose of paying the principal of and
interest on the Bonds . In addition, $ of the
proceeds of the Bonds, representing capitalized interest
thereon, shall be credited to the Debt Service Account and
used to pay the interest first coming due on the Bonds . The
aforesaid funds in the Debt Service Account shall be used
only and exclusively for , and are hereby pledged to, the
payment of the principal of and interest on the Bonds , when
due. If any such payment of principal or interest shall
become due when there are not sufficient funds in the Debt
Service Account to pay the same, the City Finance Director
- 10 -
shall pay such principal or interest from the general fund
or other available fund of the City, and such fund shall be
reimbursed for such advances from the proceeds of the Tax
Increments or of any general ad valorem taxes hereafter
levied for such purposes, when collected.
9 . The full faith and credit and taxing powers of the
City are hereby pledged to the payment of the principal of
and interest on the Bonds, and in the event of any currrent
or anticipated deficiency of funds in the Debt Service
Account of amounts needed to make any such payment , when
due, the City Council shall levy ad valorem taxes on all
taxable property in the City in the amount of such defi-
ciency.
10 . It is hereby determined that the Tax Increments
will be in the principal amount of at least '20% of the cost
of the public improvements for which the Bonds have been
issued, that the estimated collections of Tax Increments
will produce at least 5% in excess of the amount needed to
meet , when due, the principal of and interest on the Bonds,
and that no tax levy is needed at this time . The City Clerk
is directed to file a certified copy of this Resolution with
the County Auditor of Scott County and to obtain the cer-
tificate of the County Auditor required by Minnesota
Statutes, Section 475 . 63 .
11 . The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser and to the
attorneys approving the Bonds, certified copies of proceed-
ings and records of the City relating to the Bonds and to
the financial condition and affairs of the City, and to
furnish such other certificates, affidavits, and transcripts
as may be required to show facts within their knowledge or
as shown by the books and records in their custody and under
their control relating to the validity and marketability of
the Bonds , and such instruments, including any heretofore
furnished, shall be deemed representations of the City as to
the facts stated therein.
12 . The Mayor , the City Administrator , the City Finance
Director , and the City Clerk are hereby authorized and
directed to certify that they have examined the official
statement or prospectus prepared and circulated in connec-
tion with the issuance 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.
13 . The City covenants and agrees with the holders from
time to time of the Bonds that the City will not take or
permit to be taken by any of its officers, employees , or
- 11 -
agents any action which would cause the interest on the
Bonds to become subject to taxation under the Internal Reve-
nue Code of 1954 , as amended ( the "Code" ) , and regulations
issued thereunder , as now existing or as hereafter amended
or proposed and in effect at the time of such action, and
that it will take, or it will cause to be taken, all
affirmative actions within its power which may be necessary
to insure that such interest will not become subject to
income taxation under the Code.
14 . For the purpose of qualifying the Bonds as "quali-
fied project bonds" within the meaning of Section 802 ( e) ( 3 )
of the Tax Reform Act of 1985 , as adopted by the United
States House of Representatives on December 17 , 1985
( "H.R. 3838" ) , the Council hereby finds and determines
that :
( a) the City is a political subdivision of the
State of Minnesota which was in existence on October 23 ,
1985;
(b) the reasonably anticipated amount of "quali-
fied tax exempt obligations" (within the meaning of said
Section of H.R. 3838) which will be issued by the City
during calendar year 1986 will not exceed $10 , 000 , 000 ;
( c) the Bonds will be issued and sold in calendar
year 1986 , and, assuming the effectiveness of a certain
Joint Statement released on March 14 , 1986 , by Rep.
Rostenkowski, Sen. Packwood and others, the definition
of "nonessential function bonds" provided in Section 141
of H.R. 3838 would not apply to the Bonds ; and
(d) the Bonds are being issued to provide
financing and the Bonds, together with any other bonds
issued for a common purpose, do not exceed $3 , 000 , 000 in
aggregate principal amount.
The City hereby designates the Bonds as "qualified
project bonds" for the purpose of qualifying the Bonds as
"qualified tax exempt obligations" pursuant to Section
802(e) ( 3) of H.R. 3838 .
15 . When any Bond has been discharged as provided in
this paragraph, all pledges, covenants , and other rights
granted by this Resolution to the holder ( s) of such Bond
shall cease, and such Bond shall no longer be deemed to be
outstanding under this Resolution. The City may discharge
its obligations with respect to any Bond which is due on any
date by depositing with the Bond Registrar on or before that
date a sum sufficient for the payment thereof in full ; or ,
if any Bond should not be paid when due, it may nevertheless
- 12 -
be discharged by depositing with the Bond Registrar a sum
sufficient for the payment thereof in full with interest
accrued to the date of such deposit . The City may also
discharge its obligations with respect to any prepayable
Bonds by depositing with the Bond Registrar on or before the
duly declared date of prepayment an amount equal to the
principal and interest then due, provided that notice of
such redemption has been duly given according to law. 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 matur-
ing on such dates as shall be required to pay all principal
and interest on such Bonds as the same become due .
16 . The City Council hereby approves and authorizes the
Mayor and City Administrator to execute the Tax Increment
Pledge Agreement attached hereto, with such modifications ,
if any, as such officers shall approve, as evidenced by
their signatures thereof .
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 -
It
TAX INCREMENT PLEDGE AGREEMENT
This Tax Increment Pledge Agreement ( the "Agreement" ) is
dated as of July 1 , 1986 ; is by and between the City of
Shakopee , Minnesota ( the "City" ) , and the Housing and Rede-
velopment Authority in and for the City of Shakopee, Minne-
sota ( the "Authority" ) ; and provides as follows :
WHEREAS, at the request of the Authority, the City
Council has on the date hereof adopted a resolution ( the
"Bond Resolution" ) awarding the sale of the City ' s $500 , 000
General Obligation Tax Increment Bonds , Series 1986A, dated
July 1 , 1986 ( the "Bonds" ) , to provide financing for certain
public redevelopment improvements ( the "Improvements" ) made
or to be made with respect to the Authority ' s Minnesota
River Valley Housing and Redevelopment Project No . 1 ; and
WHEREAS, to provide funds sufficient for the timely
payment of the debt service on the Bonds , it is necessary
for the Authority and the City to enter into this Agreement :
NOW, THEREFORE, in consideration of the covenants and
agreements hereof between the City and the Authority, and
pursuant to Minnesota Statutes , Section 273 . 77 (a ) , the City
and the Authority hereby agree as follows :
1 . The Bonds mature on February 1 in the years and
amounts as follows :
YEAR AMOUNT
1990 $20 , 000
1991 30 , 000
1992 30 , 000
1993 35 , 000
1994 35 , 000
1995 40 , 000
1996 40 , 000
1997 45 , 000
1498 50 , 000
1999 55 , 000
2000 60 , 000
2001 60 , 000
2 . In order to pay the principal of and interest on
the Bonds , when due , the Authority hereby pledges to the
City, for deposit in the Debt Service Account established by
the Bond Resolution for the payment of the Bonds , and the
Authority shall pay to the City, tax increments derived by
the Authority from its Tax Increment Financing District No.
6 in amounts sufficient to pay such principal and interest ,
- 1 -
when due, and, to the extent such tax increments are ever
insufficient for such purposes , and the City, pursuant to
the Bond Resolution, advances City funds to provide prompt
and full payment of the Bonds , the Authority agrees to reim-
burse the City for such advances from such tax increments ,
when collected by the Authority.
3 . An executed copy of this Agreement shall be filed
with the County Auditor of Scott County, as required by Min-
nesota Statutes, Section 273 . 77 ( a) .
4 . This Agreement shall become effective upon the
actual issuance and delivery of the Bonds .
IN WITNESS WHEREOF, the City and the Authority have
caused this Agreement to be duly executed as of the day and
year first above written .
CITY OF SHAKOPEE, MINNESOTA
By
Its Mayor
ATTEST: BY
Its City Administrator
City Clerk
( SEAL)
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF SHAKOPEE, MINNESOTA
By
Its Chairman
By
Its Acting Executive Director
2 -
Ila �-
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 meet-
ing of the City Council of the City of Shakopee, Minnesota,
was duly held in the Shakopee City Hall on July 1 , 1986 ,
commencing at 7 : 30 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 bids which had been received for
the purchase of the City ' s $1 , 645, 000 General Obligation Tax
Increment Bonds, Series 1986B, as advertised for sale. The
City Clerk presented affidavits showing publication of
notice of sale in the City ' s official newspaper and in Com-
mercial West, a financial paper published in Minneapolis,
Minnesota, which affidavits were examined, found satisfac-
tory, and ordered placed on file.
The City Finance Director presented a tabulation of the
bids which had been received in the manner specified in the
notice of sale of the Bonds . The bids were as follows :
//
After due consideration of the bids, Councilmember
introduced the following resolution and moved
its adoption:
RESOLUTION NO. �5�3
RESOLUTION AWARDING THE SALE OF $1,645 , 000
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1986B;
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 $1,645, 000 General Obli-
gation Tax Increment Bonds, Series 1986B ( the "Bonds" ) , as
described in the notice of sale thereof, is hereby found and
determined to be the highest and best bid received pursuant
to duly advertised notice of sale and 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 $1 ,620 , 325 , shall be credited to the
Debt Service Account hereinafter created. The City Finance
Director is directed to retain the good faith check of the
Purchaser pending completion of the sale and delivery of the
Bonds and to return the checks of the unsuccessful bidders
forthwith.
2 . The City of Shakopee shall forthwith issue and sell
its General Obligation Tax Increment Bonds, Series 1986B, in
the total principal amount of $1 , 645 , 000 . The Bonds shall
be dated July 1, 1986 , shall be fully registered without
interest coupons and shall be numbered R-1 et seq. , shall be
in the denomination of $5 , 000 each, or in integral multiples
- 3 -
thereof, shall bear interest as set forth below, all inter-
est payable February 1 , 1987 , 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
1989 $85, 000 1996 $130 , 000 %
1990 90 , 000 % 1997 140 , 000
1991 90 , 000 1998 150 , 000
1992 100 , 000 1999 160 , 000
1993 105 , 000 2000 175 , 000
1994 115 ,000 2001 185 , 000
1995 120 ,000
All Bonds maturing after February 1, 1995 , are subject to
redemption at the option of the City on said date and on any
interest payment date thereafter in inverse order of maturi-
ties at par plus accrued interest to date of redemption. If
not all of the principal amount of Bonds of the same matur-
ity are called for redemption, the Bond Registrar (herein-
after 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 authenticate
and deliver to each registered holder of a Bond partially
redeemed thereby a new Bond in the remaining principal
amount not so redeemed. The Bonds are also subject to
extraordinary redemption from unexpended proceeds of the
Bonds upon the terms and conditions set forth in the form of
the Bonds contained in paragraph 5 of this Resolution.
3 . Both principal of and interest on the Bonds shall
be payable by , in the City of
, which shall also act
as registrar and transfer agent for the Bonds, or by its
duly appointed and qualified successor thereto ( such agent
or successor herein referred to as the "Bond Registrar" ) ,
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 TAX INCREMENT BOND, SERIES 1986B
RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP
July 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 pre-
sentation 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 per annum rate of interest specified above, all
interest payable on February 1 and August 1 of each year ,
commencing February 1, 1987 ( the "Interest Payment
Dates" ) . Both principal of and interest on this Bond are
payable by F in the City of
, or by its duly appointed suc-
cessor as paying and authenticating 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 . On the last
business day of the Bond Registrar prior to each Interest
Payment Date the Bond Registrar will pay the interest then
due on this Bond 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 prior to 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
- 5 -
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 :
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 , 1995 ,
are subject to redemption at the option of the City in in-
verse order of maturities on said date and on any Interest
Payment Date thereafter at a price of par plus accrued in-
terest to date of redemption. If the City elects to prepay
a princpal 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.
In the event that pursuant to federal laws and regu-
lations the City is required to use unexpended proceeds of
the Bonds for early redemption of Bonds in order to preserve
the exemption of the interest on the Bonds from federal
income taxation, the City shall use such unexpended Bond
proceeds to redeem Bonds, on the date specified in notice
given pursuant to law of such redemption, at 102% of par
plus accrued interest to the date of redemption. 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 or portions thereof to be prepaid will be chosen by
lot by the Bond Registrar .
This Bond is one of an issue of fully registered Bonds
r
without interest coupons in the total principal amount of
$1,645, 000 , all of like date and tenor except as to matur-
ity, interest rate, redemption privilege , and registration
number , all issued by the City for the purpose of providing
funds to defray the expenses incurred and to be incurred in
making public improvements, pursuant to and in full confor-
mity with the Constitution and laws of the State of Min-
nesota, including Minnesota Statutes , Sections 273 . 71 to
273 . 78, inclusive, and Chapter 475 , and is payable from ad
valorem tax increments derived from certain tax increment
financing districts within the City and pledged to the pay-
- 6 -
ment hereof pursuant to a resolution adopted by the
.governing body of the City ( the "City Council" ) on July 1 ,
1986 , authorizing the issuance of the Bonds , and pursuant to
a certain Tax Increment Pledge Agreement respecting the
Bonds, dated as of July 1 , 1986 , between the City and the
Housing and Redevelopment Authority in and for the City of
Shakopee, Minnesota, but this Bond constitutes a general
obligation of the City, and, to 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 taxable 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 Reg-
istrar shall authenticate and deliver in the name of the
designated transferees a new registered Bond or Bonds of the
same aggregate amount , maturity, rate of interest, and other
terms hereof . Only the Registered Owner shall be entitled
to receive the principal of and interest on this Bond, and
the City and the Bond Registrar may treat the Registered
Owner as the absolute owner hereof for all other purposes
whatsoever .
IT IS HEREBY CERTIFIED AND RECITED that all acts, condi-
tions, and things required by the Constitution and laws of
the State of Minnesota to be done, to have happened, and to
be performed precedent to and in the issuance of this Bond
have been done, have happened, and have been performed in
regular and due form, time, and manner as required by law;
and that this Bond, together with all other indebtedness of
the City outstanding on the date hereof and on the date of
its actual issuance and delivery, does not cause the indebt-
edness of the City to exceed any constitutional or statutory
limitation thereon.
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 July 1, 1986 .
- 7 -
�1 a,
(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
Its Authorized Signature
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned, hereby sells,
assigns, and transfers unto
(Tax Identification or Social Security No. )
this Bond and all rights thereunder and hereby irrevocably
constitutes and appoints ►
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.
8 -
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 City UNIF GIFT MIN ACT -
TEN ENT - as tenants by the Custodian
entireties (Cust ) (Minor )
under Uniform Gifts to Minors
JT TEN - as joint tenants with
right of survivorship Act of
and not as tenants in ( State)
City
Additional abbreviations may also be used though not in the
above list .
( End of Bond Form)
5 . The City Clerk shall obtain a copy of the proposed
approving legal opinion of bond counsel, O ' Connor & Hannan,
of Minneapolis, Minnesota, which shall be complete except as
to dating thereof , shall cause such opinion to be filed in
the offices of the City, and shall cause said opinion to be
printed on each of the Bonds , together with a certificate to
be signed by the facsimile signature of the City Clerk in
substantially the following form:
I hereby certify that the foregoing is a full ,
true, and correct copy of the legal opinion exe-
cuted by the above-named attorneys , except as to
the dating thereof , which opinion has been handed
to me for filing in my office prior to the time of
delivery of the Bonds .
( facsimile signature)
City Clerk
City of Shakopee, Minnesota
9 -
6 . The Bonds shall be executed on behalf of the City
by the facsimile signatures of the Mayor and the City
Administrator and shall be duly authenticated by the manual
signature of an authorized representative of the Bond
Registrar , hereby designated by the City as its authen-
ticating agent for the Bonds pursuant to Minnesota Statute,
Section 475 . 55, Subdivision 1 . The Bonds, when fully exe-
cuted, shall be delivered by the City Finance Director to
the Purchaser upon receipt of the purchase price, and the
Purchaser shall not be obligated to see to the proper appli-
cation thereof . If it becomes desirable or necessary that
the City close on the Bonds prior to the time that printed
Bonds can be prepared, executed, and delivered, the City may
deliver to the Purchaser temporary typewritten Bonds
( including with respect to each maturity a ` single Bond in
the full principal amount thereof) , duly executed and
authenticated in accordance with applicable law, which
temporary Bonds shall be exchanged for definitive Bonds as
soon as the same can be prepared and delivered in accordance
with this Resolution.
7 . There is hereby created on the official books and
records of the City an account designated as $1,645 , 000 Gen-
eral Obligation Tax Increment Bonds, Series 1986B, Debt Ser-
vice Account ( the "Debt Service Account" ) , which shall be
held in trust by the City for the benefit of the owners from
time to time of the Bonds, as hereinafter provided. Until
the principal of and interest on all of the Bonds are paid,
or until all of the Bonds are otherwise discharged as
hereinafter provided, there shall be credited to and main-
tained in the Debt Service Account ( 1 ) first, those tax
increments ( the "Tax Increments" ) which are received by the
City pursuant to that certain Tax Increment Pledge Agreement
respecting the Bonds, dated as of July 1 , 1986 , between the
City and the Housing and Redevelopment Authority in and for
the City of Shakopee , Minnesota, in amounts, but only in
such amounts, which will be sufficient to pay, when due, the
principal of and interest on the Bonds; and ( 2 ) second, the
proceeds of any general ad valorem taxes hereafter levied by
the City for the purpose of paying the principal of and
interest on the Bonds . In addition, $ of the
proceeds of the Bonds , representing capitalized interest
thereon, shall be credited to the Debt Service Account and
used to pay the interest first coming due on the Bonds . The
aforesaid funds in the Debt Service Account shall be used
only and exclusively for , and are hereby pledged to, the
payment of the principal of and interest on the Bonds, when
due. If any such payment of principal or interest shall
become due when there are not sufficient funds in the Debt
Service Account to pay the same, the City Finance Director
- 10 -
shall pay such principal or interest from the general fund
or other available fund of the City, and such fund shall be
reimbursed for such advances from the proceeds of the Tax
Increments or of any general ad valorem taxes hereafter
levied for such purposes , when collected.
8 . The full faith and credit and taxing powers of the
City are hereby pledged to the payment of the principal of
and interest on the Bonds , and in the event of any currrent
or anticipated deficiency of funds in the Debt Service
Account of amounts needed to make any such payment, when
due, the City Council shall levy ad valorem taxes on all
taxable property in the City in the amount of such defi-
ciency.
9 . It is hereby determined that the Tax Increments
will be in the principal amount of at least ` 20% of the cost
of the public improvements for which the Bonds have been
issued, that the estimated collections of Tax Increments
will produce at least 5% in excess of the amount needed to
meet, when due, the principal of and interest on the Bonds ,
and that no tax levy is needed at this time . The City Clerk
is directed to file a certified copy of this Resolution with
the County Auditor of Scott County and to obtain the cer-
tificate of the County Auditor required by Minnesota
Statutes, Section 475 . 63 .
10 . The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser and to the
attorneys approving the Bonds, certified copies of proceed-
ings and records of the City relating to the Bonds and to
the financial condition and affairs of the City, and to
furnish such other certificates , affidavits, and transcripts
as may be required to show facts within their knowledge or
as shown by the books and records in their custody and under
their control relating to the validity and marketability of
the Bonds, and such instruments, including any heretofore
furnished, shall be deemed representations of the City as to
the facts stated therein.
11 . The Mayor , the City Administrator , the City Finance
Director , and the City Clerk are hereby authorized and
directed to certify that they have examined the official
statement or prospectus prepared and circulated in connec-
tion with the issuance and sale of the Bonds and that to the
best of their knowledge and belief said official statement
is a complete and accurate representation of the facts and
representations made therein as they relate to the City.
12 . The City covenants and agrees with the holders from
time to time of the Bonds that the City will not take or
permit to be taken by any of its officers, employees, or
- 11 -
/la v
agents any action which would cause the interest on the
Bonds to become subject to taxation under the Internal Reve-
nue Code of 1954 , as amended ( the "Code" ) , and regulations
issued thereunder , as now existing or as hereafter amended
or proposed and in effect at the time of such action, and
that it will take , or it will cause to be taken, all
affirmative actions within its power which may be necessary
to insure that such interest will not become subject to
income taxation under the Code.
13 . For the purpose of qualifying the Bonds as "quali-
fied project bonds" within the meaning of Section 802 ( e) ( 3 )
of the Tax Reform Act of 1985, as adopted by the United
States House of Representatives on December 17 , 1985
( "H.R. 3838" ) , the Council hereby finds and determines
that:
(a) the City is a political subdivision of the
State of Minnesota which was in existence on October 23 ,
1985 ;
(b) the reasonably anticipated amount of "quali-
fied tax exempt obligations" (within the meaning of said
Section of H.R. 3838 ) which will be issued by the City
during calendar year 1986 will not exceed $10 , 000 , 000 ;
( c) the Bonds will be issued and sold in calendar
year 1986 , and, assuming the effectiveness of a certain
Joint Statement released on March 14, 1986 , by Rep.
Rostenkowski , Sen. Packwood and others, the definition
of "nonessential function bonds" provided in Section 141
of H.R. 3838 would not apply to the Bonds; and
(d) the Bonds are being issued to provide
financing and the Bonds , together with any other bonds
issued for a common purpose, do not exceed $3 , 000 , 000 in
aggregate principal amount .
The City hereby designates the Bonds as "qualified
project bonds" for the purpose of qualifying the Bonds as
f "qualified tax exempt obligations" pursuant to Section
802 (e) ( 3) of H.R. 3838 .
14 . When any Bond has been discharged as provided in
this paragraph, all pledges , covenants, and other rights
granted by this Resolution to the holder ( s) of such Bond
shall cease, and such Bond shall no longer be deemed to be
outstanding under this Resolution. The City may discharge
its obligations with respect to any Bond which is due on any
date by depositing with the Bond Registrar on or before that
date a sum sufficient for the payment thereof in full ; or ,
if any Bond should not be paid when due, it may nevertheless
- 12 -
be discharged by depositing with the Bond Registrar a sum
sufficient for the payment thereof in full with interest
accrued to the date of such deposit . The City may also
discharge its obligations with respect to any prepayable
Bonds by depositing with the Bond Registrar on or before the
duly declared date of prepayment an amount equal to the
principal and interest then due, provided that notice of
such redemption has been duly given according to law. 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 matur-
ing on such dates as shall be required to pay all principal
and interest on such Bonds as the same become due .
15 . The City Council hereby approves and authorizes the
Mayor and City Administrator to execute the Tax Increment
Pledge Agreement attached hereto, with such modifications,
if any, as such officers shall approve, as evidenced by
their signatures thereof .
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 -
TAX INCREMENT PLEDGE AGREEMENT
This Tax Increment Pledge Agreement ( the "Agreement" ) is
dated as of July 1 , 1986 ; is by and between the City of
Shakopee, Minnesota ( the "City" ) , and the Housing and Rede-
velopment Authority in and for the City of Shakopee, Minne-
sota ( the "Authority" ) ; and provides as follows :
WHEREAS, at the request of the Authority, the City
Council has on the date hereof adopted a resolution ( the
"Bond Resolution" ) awarding the sale of the City' s
$1 ,645,000 General Obligation Tax Increment Bonds , Series
1986B, dated July 1 , 1986 ( the "Bonds" ) , to provide
financing for certain public redevelopment improvements ( the
"Improvements" ) made or to be made with respect to the
Authority ' s Minnesota River Valley Housing and Redevelopment
Project No. 1 ( the "Redevelopment Project" ) ; and
WHEREAS, to provide funds sufficient for the timely
payment of the debt service on the Bonds, it is necessary
for the Authority and the City to enter into this Agreement :
NOW, THEREFORE, in consideration of the covenants and
agreements hereof between the City and the Authority, and
pursuant to Minnesota Statutes , Section 273 . 77 (a) , the City
and the Authority hereby agree as follows :
1. The Bonds mature on February 1 in the years and
amounts as follows :
YEAR AMOUNT
1989 $85 , 000
1990 90 , 000
1991 90 , 000
1992 100 , 000
1993 105 , 000
1994 115 , 000
1995 120 , 000
1996 130 , 000
f 1997 140 , 000
1998 150 , 000
1999 160 , 000
2000 175 , 000
2001 185 , 000
2 . In order to pay the principal of and interest on
the Bonds , when due, the Authority hereby pledges to the
City, for deposit in the Debt Service Account established by
the Bond Resolution for the payment of the Bonds , and the
Authority shall pay to the City, Available Tax Increments
- 1 -
(hereinafter defined) in amounts sufficient to pay such
principal and interest , when due, and, to the extent that
the Available Tax Increments are ever insufficient for such
purposes , and the City, pursuant to the Bond Resolution,
advances City funds to provide prompt and full payment of
the Bonds, the Authority agrees to reimburse the City for
such advances from such tax increments , when collected by
the Authority. As used in this Agreement , "Available Tax
Increments" means tax increments derived by the Authority
from its Tax Increment Financing District Nos . 1 through 6
(collectively, the "Districts" ) within the Authority ' s
Redevelopment Project, excluding such tax increments which
have heretofore been pledged to the payment of other tax
increment bonds or public redevelopment costs and excluding
those tax increments which have as the date hereof been
pledged to the payment of the City ' s $500 , 000 G.O. Tax
Increment Bonds , Series 1986A. In discharging its obliga-
tions under this Agreement , the Authority expressly reserves
the right to select from year to year Available Tax Incre-
ments from one or more of the Districts and to pledge or
otherwise dedicate tax increments from any of the Districts
to purposes other than the payment of the Bonds upon a
finding by the Authority that the estimated Available Tax
Increments then remaining will be sufficient from year to
year to discharge the Authority ' s payment obligations on the
Bonds pursuant to this Agreement . As of the date hereof the
Authority anticipates that it will need to use some of the
excess tax increments from District No. 1 (K-Mart) each year
in order to satisfy its payment obligations hereunder .
3 . An executed copy of this Agreement shall be filed
with the County Auditor of Scott County, as required by Min-
nesota Statutes, Section 273 . 77 (a) .
4 . This Agreement shall become effective upon the
actual issuance and delivery of the Bonds .
IN WITNESS WHEREOF, the City and the Authority have
caused this Agreement to be duly executed as of the day and
year first above written.
` CITY OF SHAKOPEE, MINNESOTA
By
Its Mayor
ATTEST: By
Its City Administrator
City Clerk
( SEAL)
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF SHAKOPEE, MINNESOTA
By
Its Chairman
By
Its Acting Executive Director
3 -
//q
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 July
1, 1986 , commencing at 7 : 30 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 bids which had been received for
the purchase of the City' s $2, 105,000 General Obligation Tax
Increment Refunding Bonds, Series 1986A, as advertised for
sale. The City Clerk presented affidavits showing publica-
tion of notice of sale in the City ' s official newspaper and
in Commercial West, a financial paper published in Minne-
apolis, Minnesota, which affidavits were examined, found
satisfactory, and ordered placed on file.
The City Finance Director presented a tabulation of the
bids which had been received in the manner specified in the
notice of sale of the Bonds . The bids were as follows :
/f
After due consideration of the bids, Councilmember
introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AWARDING THE SALE OF $2 , 105, 000
GENERAL OBLIGATION TAX INCREMENT REFUNDING 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 $2 , 105 , 000 General Obli-
gation Tax Increment Refunding Bonds , Series 1986A ( the
"Bonds" ) , as described in the notice of sale thereof , is
hereby found and determined to be the highest and best bid
received pursuant to duly advertised notice of sale and
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 $2 , 083 , 950 ,
shall be credited to the Debt Service Account hereinafter
created. The City Finance Director is directed to retain
the good faith check of the Purchaser pending completion of
the sale and delivery of the Bonds and to return the checks
of the unsuccessful bidders forthwith.
2. The Council hereby finds and determines (a) that
the issuance of the Bonds and the advance refunding thereby
of the City ' s $2 , 490 , 000 General Obligation Tax Increment
Bonds, Series 1984A, dated November 1 , 1984 ( the "Refunded
Bonds" ) , is permitted by and consistent with the City ' s
covenants with the holders of the Refunded Bonds , as pro-
- 3 -
IM-3
vided in the resolution authorizing the issuance of the
Refunded Bonds , Resolution No. 2317 , adopted by the Council
on October 2 , 1984 , and particularly paragraph 13 thereof ;
(b) that as of July 15, 1986, the nominal date of the Bonds ,
the dollar amount of the interest on the Bonds is lower by
at least five percent than the dollar amount of interest on
the Refunded Bonds, as computed according to the provisions
of Minnesota Statutes , Section 475 . 67 , Subdivision 12 ; and
( c) that the City is authorized by Minnesota Statutes ,
Section 475 . 67 , to issue the Bonds for the purpose of
refunding the Refunding Bonds in advance of their respective
maturities .
3 . The City of Shakopee shall forthwith issue and sell
the Bonds, which shall be dated July 15, 1986 , shall be
fully registered without interest 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 interest payable February 1 , 1987 ,
and semiannually thereafter on February 1 and August 1 in
each year , and shall bear interest 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
1987 $175 , 000 % 1993 $175, 000 %
1988 120 , 000 1994 185,000
1989 130 , 000 1995 200,000
1990 140, 000 1996 210,000
1991 145 , 000 1997 225, 000
1992 160,000 1998 240 , 000
All Bonds maturing after February 1, 1994, are subject to
redemption at the option of the City on said date and on any
interest payment date thereafter in inverse order of maturi-
ties at par plus accrued interest to date of redemption . If
not all of the principal amount of Bonds of the same matur-
ity are called for redemption, the Bond Registrar (herein-
after 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 authenticate
and deliver to each registered holder of a Bond partially
redeemed thereby a new Bond in the remaining principal
amount not so redeemed.
4. Both principal of and interest on the Bonds shall
be payable by , in the City of
which shall also act
as registrar and transfer agent for the Bonds, or by its
duly appointed and qualified successor thereto ( such agent
or successor herein referred to as the "Bond Registrar" ) ,
- 4 -
llQ�
and the City shall pay the reasonable charges of the Bond
Registrar for such services.
5 . The Bonds shall be in substantially the following
form:
5 -
No. R- $
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF SHAKOPEE
GENERAL OBLIGATION TAX INCREMENT
REFUNDING BOND, SERIES 1986A
RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP
July 15 , 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 pre-
sentation 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 per annum rate of interest specified above, all
interest payable on February 1 and August 1 of each year ,
commencing February 1 , 1987 ( the "Interest Payment
Dates" ) . Both principal of and interest on this Bond are
payable by , in the City of
, , or by its duly appointed suc-
cessor as paying and authenticating 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 . On the last
business day of the Bond Registrar prior to each Interest
Payment Date the Bond Registrar will pay the interest then
due on this Bond 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 prior to 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-
- 6 -
`113�3
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 :
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 , 1994 ,
are subject to redemption at the option of the City in in-
verse order of maturities on said date and on any Interest
Payment Date thereafter at a price of par plus accrued in-
terest to date of redemption. If the City elects to prepay
a princpal amount of Bonds which results in not all of the
principal amount of Bonds of the same maturity being called
for prepayment , the Bond Registrar shall assign a separate
number to each $5 ,000 multiple of each Bond . of that matu-
rity, shall select the appropriate prepayment amount by lot
therefrom, and shall authenticate and deliver to each Regis-
tered Holder of a Bond partially prepaid thereby a new Bond
in the principal amount not so prepaid. Notice of any prior
redemption of this Bond shall be given in the manner re-
quired by law and shall be mailed to the Registered Owner no
less than 15 days prior to the date of redemption .
This Bond is one of an issue of fully registered Bonds
without interest coupons in the total principal amount of
$2 , 105 , 000 , all of like date and tenor except as to matur-
ity, interest rate, redemption privilege, and registration
number , all issued by the City for the purpose of providing
funds to refund in advance of their respective maturities
all of the City' s $2 , 490 , 000 General Obligation Tax Incre-
ment Bonds, Series 1984A, dated November 1 , 1984 , pursuant
to and in full conformity with the Constitution and laws of
the State of Minnesota, including Minnesota Statutes,
Section 475 . 67 , and is payable from ad valorem tax incre-
ments derived from certain tax increment financing districts
within the City and pledged to the payment hereof pursuant
to a certain Tax Increment Pledge Agreement , dated as of
October 16, 1984 , between the City and the Housing and Rede-
velopment Authority in and for the City of Shakopee, Minne-
sota, as amended by a certain Amended Tax Increment Pledge
Agreement, dated as of July 1 , 1986 , but this Bond con-
stitutes 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 Coun-
cil will levy ad valorem taxes, if required for such pur-
pose, which taxes may be levied on all of the taxable prop-
erty in the City without limitation as to rate or amount .
- 7 -
P a�3
This Bond may be transferred or exchanged, but only upon
the Bond Register and only by the Registered Owner or its
attorney duly authorized in writing, upon surrender hereof
together with a duly executed written instrument of transfer
satisfactory to the Bond Registrar , whereupon the Bond Reg-
istrar shall authenticate and deliver in the name of the
designated transferees a new registered Bond or Bonds of the
same aggregate amount, maturity, rate of interest , and other
terms hereof . Only the Registered Owner shall be entitled
to receive the principal of and interest on this Bond, and
the City and the Bond Registrar may treat the Registered
Owner as the absolute owner hereof for all other purposes
whatsoever .
IT IS HEREBY CERTIFIED AND RECITED that all acts, condi-
tions, and things required by the Constitution and laws of
the State of Minnesota and the Charter to be done, to have
happened, and to be performed precedent to and in the issu-
ance 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 indebtedness of the City to exceed any constitu-
tional, statutory or Charter 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 July 15, 1986 .
(OMIT SEAL)
( facsimile signature) ( facsimile signature)
4
City Administrator Mayor
8 -
t�3
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
Its Authorized Signature
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned, hereby sells,
assigns, and transfers unto
(Tax Identification or Social Security No. )
this Bond and all rights thereunder and hereby irrevocably
constitutes and appoints 01
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 ) :
9 -
Name and Address :
The following abbreviations , when used in the inscrip-
tion on the face of this Bond, shall be construed as though
they were written out in full according to applicable laws
or regulations :
TEN COM - as tenants in City UNIF GIFT MIN ACT -
TEN ENT - as tenants by the Custodian
entireties (Cust ) (Minor )
under Uniform Gifts to Minors
JT TEN - as joint tenants with
right of survivorship Act of
and not as tenants in ( State)
City
Additional abbreviations may also be used though not in the
above list .
(End of Bond Form)
6 . 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
7 . The Bonds shall be executed on behalf of the City
by the facsimile signatures of the Mayor and the City Admin-
istrator and shall be duly authenticated by the manual sig-
nature of an authorized representative of the Bond
Registrar , hereby designated by the City as its authenticat-
- 10 -
ing agent for the Bonds pursuant to Minnesota Statutes ,
Section 475 . 55 , Subdivision 1 . The Bonds, when fully exe-
cuted, shall be delivered by the City Finance Director to
the Purchaser upon receipt of the purchase price, and the
Purchaser shall not be obligated to see to the proper appli-
cation thereof.
8 . All refunded Bonds which are subject to prior
redemption shall be and are hereby called for such prior
redemption on February 1, 1991, the earliest date on which
such bonds may be so redeemed, and the City Clerk is hereby
authorized and directed to cause the notice of such prior
redemption substantially in the form attached to this
Resolution as Exhibit A to be published in accordance with
Minnesota Statutes, Section 475. 67 , Subdivision 7 , no later
than 30 days after the issuance of the Bonds .
9 . The form of the Escrow Agreement which is on file
in the office of the City Clerk and which has been proposed
to be entered into between the City and
, I Minnesota, as
Escrow Agent , for the purpose of providing an irrevocable
escrow of funds and investments which will be sufficient to
provide payment of all principal of and interest on the
Refunded Bonds, when due, including upon the required prior
redemption thereof on February 1 , 1991 , is hereby approved,
and the Mayor and City Administrator Clerk are hereby
authorized and directed to execute such agreement in sub-
stantially the form on file but with such changes thereto
not inconsistent with Minnesota Statutes , Section 475 .67 , as
the officers executing the same may approve, which approval
shall be conclusively evidenced by their execution
thereof . The Escrow Agreement shall be irrevocable, and the
City hereby covenants to perform the terms and conditions
thereof and agrees to pay the reasonable charges of the
Escrow Agent thereunder .
10 . The firm of ,
Minnesota, certified public accountants, is hereby
authorized and directed to verify and certify that the
deposits and investments in the Escrow Account established
r_ by the Escrow Agreement will be sufficient to comply with
the requirements of Minnesota Statutes, Section 475 .67 , and
is further authorized to make such calculations as may be
necessary for the purposes of determining the sufficiency of
the Escrow Account to make timely payments of principal of
and interest on the Refunded Bonds ( including upon the prior
redemption thereof) and of determining compliance with yield
restrictions and other provisions of Section 103 (c) of the
Internal Revenue Code of 1954, - as amended, and regulations
and ruling thereunder .
- 11 -
11 . In connectionw ith the issuance of the Refunded
Bonds , the City established its $2 , 490 , 000 General Obliga-
tion Tax Increment Bonds , Series 1984A, Debt Service Account
( the "Debt Service Account" ) . The funds in the Debt Service
Account, consisting of capitalized interest for the Refunded
Bonds and investment earnings thereon and totaling
$ , shall be transferred to the Escrow
Account and invested and applied as provided in the Escrow
Agreement . Upon the issuance of the Bonds and the estab-
lishment of the Eescrow Account in accordance with this
Resolution and the Escrow Agreement, the Debt Service
Account shall no longer be held in trust for or applied to
the payment of any principal of or interest on the Refunded
Bonds but shall instead by held in trust for the holders
from time to time of the Bonds, as provided below. The
Council hereby estimates and determines that all proceeds,
if any, of the Refunded Bonds which are currently on hand in
the project fund established to pay the costs of the public
improvements for which the Refunded Bonds were issued are
needed and shall be used to pay such costs .
12 . The Debt Service Account shall be held in trust by
the City for the benefit of the holders from time to time of
the Bonds, as hereinafter provided. Until the principal of
and interest on all of the Bonds are paid, or until all of
the Bonds are otherwise discharged as hereinafter provided,
there shall be credited to and maintained in the Debt
Service Account (a) those tax increments ( the "Tax Incre-
ments" ) which are received by the City, and which are
pledged to the payment of the principal of and interest on
the Bonds, when due, pursuant to that certain Tax Increment
Pledge Agreement, dated as of October 16 , 1984 , as amended
by that certain Amended Tax Increment Pledge Agreement,
dated as of July 1, 1986, between the City and the Housing
and Redevelopment Authority in and for the City of Shakopee,
Minnesota, and (b) the proceeds of any general ad valorem
taxes hereafter levied by the City for the purpose of paying
the principal of and interest on the Bonds . The aforesaid
funds in the Debt Service Account shall be used only and
exclusively for , and are hereby pledged to, the payment of
the principal of and interest on the Bonds, when due. If
any such payment of principal or interest shall become due
when there are not sufficient funds in the Debt Service
Account to pay the same, the City Finance Director shall pay
such principal or interest from the general fund or other
available fund of the City, and such fund shall be reim-
bursed for such advances from the proceeds of the Tax Incre-
ments or of any general ad valorem taxes hereafter levied
for such purposes, when collected.
13 . The full faith and credit and taxing powers of the
City are hereby pledged to the payment of the principal of
- 12 -
11�
and interest on the Bonds, and in the event of any currrent
or anticipated deficiency of funds in the Debt Service
Account of amounts needed to make any such payment, when
due, the City Council shall levy ad valorem taxes on all
taxable property in the City in the amount of such defi-
ciency.
14 . It is hereby determined that the the Tax Increments
will produce at least 5% in excess of the amount needed to
meet, when due, the principal of and interest on the Bonds,
and that no tax levy is needed at this time. The City Clerk
is directed to file a certified copy of this Resolution with
the County Auditor of Scott County and to obtain the cer-
tificate required by Minnesota Statutes, Section 475 . 63 .
15 . The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser and to the
attorneys approving the Bonds, certified copies of proceed-
ings and records of the City relating to the Bonds and to
the financial condition and affairs of the City, and to
furnish such other certificates, affidavits, and transcripts
as may be required to show facts within their knowledge or
as shown by the books and records in their custody and under
their control relating to the validity and marketability of
the Bonds, and such instruments, including any heretofore
furnished, shall be deemed representations of the City as to
the facts stated therein.
16 . The Mayor , the City Administrator , the City Finance
Director , and the City Clerk are hereby authorized and
directed to certify that they have examined the official
statement or prospectus prepared and circulated in connec-
tion with the issuance 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.
17 . The City covenants and agrees with the holders from
time to time of the Bonds that the City will not take or
permit to be taken by any of its officers, employees, or
agents any action which would cause the interest on the
F Bonds to become subject to taxation under the Internal Reve-
nue Code of 1954, as amended ( the "Code" ) , and regulations
issued thereunder , as now existing or as hereafter amended
or proposed and in effect at the time of such action, and
that it will take, or it will cause to be taken, all
affirmative actions within its power which may be necessary
to insure that such interest will not become subject to
income taxation under the Code.
18. When any Bond has been discharged as provided in
this paragraph, all pledges, covenants, and other rights
- 13 -
granted by this Resolution to the holder ( s) of such Bond
shall cease, and such Bond shall no longer be deemed to be
outstanding under this Resolution. The City may discharge
its obligations with respect to any Bond which is due on any
date by depositing with the Bond Registrar on or before that
date a sum sufficient for the payment thereof in full ; or ,
if any Bond should not be paid when due, it may nevertheless
be discharged by depositing with the Bond Registrar a sum
sufficient for the payment thereof in full with interest
accrued to the date of such deposit . The City may also
discharge its obligations with respect to any prepayable
Bonds by depositing with the Bond Registrar on or before the
duly declared date of prepayment an amount equal to the
principal and interest then due, provided that notice of
such redemption has been duly given according to law. 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 matur-
ing on such dates as shall be required to pay all principal
and interest on such Bonds as the same become due.
19 . The City Council hereby approves and authorizes the
Mayor and City Administrator to execute the Amended Tax
Increment Pledge Agreement attached hereto, with such
modifications, if any, as such officers shall approve, as
evidenced by their signatures thereof .
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.
- 14 -
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
$2, 490, 000 General Obligation Tax Increment Bonds ,
Series 1984A
City of Shakopee
Scott County, Minnesota
NOTICE IS HEREBY GIVEN that by order of the City Council
of the City of Shakopee, Minnesota, the bonds of the above
issue which have stated maturity dates of February 1 in the
years 1992 through 1998 and total $1, 480 , 000 in principal
amount are called for redemption and prepayment on February
1, 1991 . The bonds will be redeemed at a price of 100% of
par plus accrued interest to the date of redemption, where-
upon they will cease to bear interest.
Holders of the bonds hereby called for redemption are
requested to present their bonds for payment at First
National Bank of Minneapolis , Minneapolis, Minnesota, or at
the office of its duly appointed successor as Paying Agent
for the bonds, on or no earlier than 90 days prior to
February 1, 1991 . This notice is given in compliance with
Minnesota Statutes , Section 475 . 67 , Subdivision 7 , in
connection with a refunding of the bonds in advance of their
respective maturities .
BY ORDER OF THE SHAKOPEE CITY
COUNCIL
Dated: July 1, 1986 /s/ Judith Cox
City Clerk
Shakopee, Minnesota
/lam
AMENDED TAX INCREMENT PLEDGE AGREEMENT
This Amended Tax Increment Pledge Agreement ( the
"Amended Agreement" ) is dated as of July 1 , 1986 ; is by and
between the City of Shakopee, Minnesota ( the "City" ) , and
the Housing and Redevelopment Authority in and for the City
of Shakopee, Minnesota ( the "Authority" ) ; and provides as
follows :
WHEREAS, the City issued and sold its $2 , 490 , 000 General
Obligation Tax Increment Bonds, Series 1984A, dated November
1 , 1984 ( the "Original Bonds" ) , to provide financing for
certain public improvements in the Authority ' s Minnesota
River Valley Housing and Redevelopment Project No. 1 ( the
"Project" ) ;
WHEREAS, in connection with the City ' s issuance of the
Original Bonds and the City' s other assistance to the
Authority for the Project , the City and the Authority en-
tered into a certain Tax Increment Pledge Agreement , dated
October 16, 1984 ( the "Agreement" ) , pursuant to Minnesota
Statutes, Section 273 . 77 (a) ;
WHEREAS, the City has determined that it would be to the
economic advantage of both the City and the Authority to
issue, and the City has issued or will issue, its $2 , 105 , 000
General Obligation Tax Increment Refunding Bonds , Series
1986A ( the "Refunding Bonds" ) in order to refund the Origi-
nal Bonds in advance of their respective maturities ; and
WHEREAS, upon the issuance of the Refunding Bonds, the
proceeds thereof will be escrowed to provide full payment
when due of all debt service on the Original Bonds ( includ-
ing the prior redemption thereof) , and the Original Bonds
will thereupon be defeased under the terms upon which they
were originally issued:
' NOW, THEREFORE, in consideration of the covenants and
agreements hereof between the City and the Authority, the
City and the Authority hereby amend the Agreement as fol-
lows :
1 . The Agreement ' s pledge of tax increments for the
purpose of paying debt service on the Original Bonds is
hereby amended to the extent necessary to provide timely and
full debt service on the Refunding Bonds , that is , said
pledge of tax increments shall now run to the Refunding
Bonds (and not to the Original Bonds ) to the extent so re-
quired by the terms of the Refunding Bonds and the resolu-
tion issuing them, but all other provisions of the Agreement
respecting the payment and application of such pledged tax
increments shall remain in effect .
2 . An executed copy of this Amended Agreement shall be
filed with the County Auditor of Scott County, as required
by Minnesota Statutes, Section 273 . 77 (a) .
3 . This Amended Agreement shall become effective upon
the actual issuance and delivery of the Refunding Bonds .
IN WITNESS WHEREOF, the City and the Authority have
caused this Amended Agreement to be duly executed and sealed
as of the day and year first above written.
CITY OF SHAKOPEE, MINNESOTA
By
Its Mayor
By
Its City Administrator
(SEAL)
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF SHAKOPEE, MINNESOTA
By
Its Chairman
By
Its Executive Director
( SEAL)
2 -
/lam
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 July 1 , 1986, with the
original thereof on file in my office, and I further certify
that the same is a full, true, and complete transcript
therefrom insofar as the same relates to the issuance and
sale of the City ' s General Obligation Tax Increment Refund-
ing Bonds, Series 1986A, dated July 15, 1986 .
WITNESS My hand as such City Clerk and the corporate
seal of the City this day of , 1986 .
City Clerk
City of Shakopee, Minnesota
( SEAL)
t3
ESCROW AGREEMENT
THIS AGREEMENT made this day of , 1986 , by
and between , in , Minne-
sota ( the "Escrow Agent" ) , and the City of Shakopee, Scott
County, Minnesota ( the "City" ) ,
WITNESSETH THAT WHEREAS :
A. Pursuant to Resolution No. 2317 adopted by the City
Council on October 2, 1984, the City has heretofore issued
its $2 , 490 , 000 General Obligation Tax Increment Bonds,
Series 1984A, dated November 1, 1984 ( the "Refunded Bonds" ) ,
of which $2, 105, 000 in principal amount remain outstanding
on the date hereof, being payable on February 1 in the years
and amounts as follows:
Year Amount Year Amount
1987 $ 105 , 000 1993 $ 175, 000
1988 115 , 000 1994 190, 000
1989 125, 000 1995 210 ,000
1990 135, 000 1996 225 , 000
1991 145, 000 1997 250 , 000
1992 160 , 000 1998 270 , 000
The Refunded Bonds maturing after February 1, 1991 , and
totalling $1 , 480 , 000 in principal amount may be redeemed and
prepaid on said date at par and accrued interest.
B. By the terms of a resolution adopted by the City
Council on July 1, 1986, the City has called for redemption
and prepayment on February 1, 1991, $1, 480 ,000 in principal
amount of said Refunded Bonds due thereafter, pursuant to a
Notice of Call for Redemption attached to said resolution
and duly published in accordance with law.
C. To provide for the refunding of said Refunded
Bonds , in accordance with Minnesota Statutes , Section
475. 67 , the City has pursuant Resolution No. adopted
on July 1 , 1986 ( the "Refunding Bond Resolution" ) , autho-
rized the issuance of its $2,105,000 General Obligation Tax
Increment Refunding Bonds, Series 1986A, dated July 15 , 1986
( the "Refunding Bonds" ) , which are being issued to refund
the Refunded Bonds.
D. Under the terms of the Refunding Bond Resolution,
$ of the proceeds of the Refunding Bonds and
certain other sums appropriated to the Escrow Fund shall be
held and invested in accordance with the terms and condi-
tions of this Escrow Agreement as follows :
Amount of Refunding Bond $
Amount of other
Available Municipal Funds $
Total $
$ of the foregoing sum shall simultaneously be
invested in securities ( "Escrowed Obligations" ) as described
in the report of , dated , 1986
( the "Accountant ' s Report" ) , which Escrowed Obligations,
together with the balance of cash in the amount of
$ , shall be used to refund said Refunded Bonds.
Said Escrowed Obligations or evidence of the investment
therein and constructive receipt thereof and cash are herein
- 2 -
called "Escrow Deposit" , provided that the term "Escrow
Deposit" may include due bills reflecting Escrowed Obliga-
tions not received by delivery of and payment for the Re-
funding Bonds ( "Bond Closing" ) so long as such due bills are
secured by the deposit of comparable securities identified
as "Substitute Securities" in the Accountant ' s Report , or by
a cashier ' s check in an amount equal to either the principal
and interest due on the Escrowed Obligations so due or any
deficiency in principal or interest due on the Substitute
Securities .
E. It is desirable and appropriate that the $
of the Refunding Bond proceeds and $ of other
available municipal funds be used to pay issuance expenses
be paid to the Escrow Agent for disbursement in accordance
with the schedule of disbursements ( the "Issuance Expenses" )
set forth in Exhibit B attached hereto and incorporated
herein by reference.
F. The Escrow Agent is a corporation organized under
the laws of the United States, and its deposits are insured
by the Federal Deposit Insurance Corporation, and its capi-
tal and surplus is not less than $500 , 000 .
NOW THEREFORE, in consideration of the premises and of
the respective agreements on the part of the Escrow Agent
and the City herein contained, the parties hereto hereby
agree as follows:
3 -
1. The City agrees upon delivery of and payment for
the Refunding Bonds ( "Bond Closing" ) to forthwith irre-
vocably deposit in trust for the security of the holders and
owners of the Refunded Bonds with the Escrow Agent said
Escrow Deposit . The City further agrees upon Bond Closing
to deposit with the Escrow Agent $ in Refunding
Bond proceeds and $ in other available municipal
funds; and the City authorizes the Escrow Agent and the
Escrow Agent agrees to disburse said monies to pay Issuance
Expenses .
2 . Receipt of the Escrow Deposit and $ in
Refunding Bond proceeds and $ of other municipal
funds to pay Issuance Expenses shall be acknowledged on
behalf of the Escrow Agent at the Bond Closing by execution
of an Acknowledgment in the form attached hereto as Exhibit
C by a duly authorized officer of the Escrow Agent .
3 . The Escrow Agent hereby acknowledges receipt of the
sum of $ as and for full compensation for all
services to be performed by it as agent under this Agree-
ment, and the Escrow Agent expressly waives any lien upon or
claim against the moneys and investments in said Escrow
Fund.
4. The Escrow Agent will collect all remittances of
interest on the Escrowed Obligations in said Escrow Fund as
and when such interest becomes due and payable and will
cause such Escrowed Obligations to be presented for payment
- 4 -
114�3
and converted into cash on their respective maturit_
dates in accordance with the schedule of cash paymr
cluded in the Accountant ' s Report, and will remit f:
Escrow Fund to the paying agent for the Refunded B
funds required from time to time for the payment whe
the principal of and interest on the Refunded Bonds .
delivery of any Escrowed Obligations is secured at
Closing by Substitute Securities and/or a cashier ' s
hereinabove provided and delivery of the Escrowed
tions is not made within 30 days after Bond Clos:
Escrow Agent shall in accordance with the terms
security arrangement substitute the Substitute Se .
and/or cashier ' s check for the Escrowed Obligat
assure that such schedule of cash payments can be
with.
5 . In reliance upon the Accountant ' s Report,
represents, and the Escrow Agent acknowledges , tr
Escrow Deposit , if the principal of and interest
Escrowed Obligations are paid in accordance wit
terms, is sufficient to produce cash in such amc
F enable the Escrow Agent to make full and timely pay
herein provided in paragraph 4 above . If at any
shall appear to the Escrow Agent that the money
Escrow Fund allocable for such use hereunder will
sufficient to make any payment due to the holders o
the Refunded Bonds , the Escrow Agent shall imm
- 5 -
notify the City. The City thereupon shall forthwith deposit
in the Escrow Fund from funds on hand and legally available
such additional funds as may be required to meet fully the
amount to become due and payable and, if necessary, levy for
such purpose an ad valorem property tax on all real property
in the City subject to taxation without limitation as to
rate or amount . Included in the Accountant ' s Report is a
statement that such cash and Escrowed Obligations are suf-
ficient to comply with the requirements set forth in para-
graph 4 above.
6 . The City will not repeal, revoke or amend the pro-
vision of the Refunding Bond Resolution calling the Refunded
Bonds for redemption on their redemption date in accordance
with the Notice of Call for Redemption attached hereto as
Exhibit A.
7 . The Escrow Agent shall cause the Notice of Call for
Redemption attached hereto to be published in Commercial
West or some other appropriate periodical or newspaper not
more than 90 days nor less than 45 days before said redemp-
tion date therefor ; but failure to give such notice shall
not affect the validity of the call for redemption.
8. It is recognized that title to the Escrowed Obliga-
tions and money held in the Escrow Fund from time to time
shall remain vested in the City but subject always to the
prior charge and lien thereon of this Escrow Agreement and
the use thereof required to be made by the provisions of
- 6 -
this Escrow Agreement . The Escrow Agent shall hold all such
money and obligations in a special trust fund and account
separate and wholly segregated from all other funds and
securities of the Escrow Agent or deposited with the Escrow
Agent, and shall never commingle such money or securities
with other money or securities , provided that nothing herein
contained shall be construed as requiring the Escrow Agent
to keep the identical moneys, or any part thereof, received
for the Escrow Fund, on hand, but moneys of an equal amount ,
except to the extent such are investments permitted under
this Agreement, shall always be maintained on hand as funds
held by the Escrow Agent as trustee, belonging to the City
and a special account thereof evidencing such fact shall at
all times be maintained on the books of the Escrow Agent,
together with such investments. In the event of the Escrow
Agent ' s failure to account for any money or obligations held
by it in the Escrow Fund, such money and obligations shall
be and remain the property of the City, and if for any rea-
son such money or obligations cannot be identified, all
other assets of the Escrow Agent shall be impressed with a
trust for the amount thereof and the City shall be entitled
to a preferred claim upon such assets . All monies remaining
in the Escrow Fund after payment therefrom of all sums re-
quired to be paid under this Agreement shall be promptly
remitted to the City.
7 -
i/0-3
9 . The Escrow Agent may reinvest all or a part of the
proceeds of the Escrowed Obligations in securities set forth
in Minnesota Statutes, Section 475 .67, Subdivision 8 if and
only if (a) such reinvestments are approved by a duly autho-
rized agent of the City and otherwise permitted by Minnesota
Statutes and will not prevent the Escrow Agent from making
the payments to the paying agent for the Refunded Bonds as
required in paragraph 4 above, and - (b) such reinvestments
will not cause the Refunding Bonds to become arbitrage bonds
under Section 103(c) of the Internal Revenue Code and the
applicable regulations and administrative interpretations
thereunder or an opinion of nationally recognized bond coun-
sel to the same effect is first secured.
10 . For as long as any of the Refunded Bonds are out-
standing, commencing with the month of February, 1987 in
February of each year thereafter until termination of the
Escrow Agreement, the Escrow Agent shall render a statement
for the preceding year to the City which statement shall set
forth the cash on hand and Escrowed Obligations which have
matured and the amounts received by the Escrow Agent by
reason of such maturity, the interest earned on any of such
Escrowed Obligations, a list of any investments or reinvest-
ments made by the Escrow Agent in other Escrowed Obligations
and the interest and/or principal derived therefrom, the
amounts of cash paid for the principal and interest on the
Refunded Bonds as said payments become due and payable, and
- 8 -
any other transactions of the Escrow Agent pertaining to its
duties and obligations as set forth herein.
All Escrowed Obligations, moneys and investment income
deposited with or received by the Escrow Agent pursuant to
this Escrow Agreement shall be subject to the trust created
by this Escrow Agreement, and the Escrow Agent shall be
liable for the preservation and safekeeping thereof; pro-
vided, however , it shall not be responsible for any depreci-
ation in value of any of the Escrowed Obligations or for the
reinvestment of the same except as herein provided.
11 . The duties and obligations of the Escrow Agent
shall be as prescribed by the provisions of this Escrow
Agreement, and the Escrow Agent shall not be liable here-
under except for failure to perform its duties and obliga-
tions as specifically set forth herein or to act in good
faith in the performance thereof, and no implied duties or
obligations shall be incurred by the Escrow Agent other than
those specified herein. The Escrow Agent may consult with
counsel of its choice, and except as provided in paragraphs
9 and 10 hereof, the opinion of such counsel shall be full
and complete authorization and protection in respect of any
action taken or not taken or suffered by it hereunder in
good faith and in accordance with the opinion of such coun-
sel .
12 . The Escrow Agent may at any time resign and be
discharged of its obligations hereunder by giving to the
9 -
City Clerk written notice of such resignation and by re-
funding to the City the escrow fee set forth in paragraph 3
hereof, not less than 60 days before the date when the same
is to take effect, and by publication of a copy of such
notice in any available daily or weekly newspaper or
periodical, which circulates throughout the State of Minne-
sota and furnishes financial news as part of its service,
not less than 30 days prior to such date. Such resignation
shall take effect upon the appointment and 'qualification of
a successor agent . In the event of receipt of notice of
such resignation, a successor shall promptly be appointed by
the City, and the City Administrator shall immediately give
written notice thereof to the predecessor agent and publish
the same in a Minnesota newspaper as described above. If in
a proper case no appointment of a successor agent is made
within 45 days after the receipt by the City of notice of
such resignation, the Escrow Agent or the holder of any bond
may apply to any court of competent jurisdiction to appoint
a successor Escrow Agent, which appointment may be made by
the court after such notice, if any, as the court may pre-
scribe. Any successor agent appointed hereunder shall exe-
cute, acknowledge and deliver to its predecessor agent and
to said City Clerk a written acceptance of such appointment,
and shall thereupon without any further act, deed or con-
veyance become fully vested with all moneys , properties,
duties and obligations of its predecessor , but the predeces-
- 10 -
sor shall nevertheless pay over , transfer , assign and de-
liver all moneys , securities or other property held by it to
the successor agent , shall execute, acknowledge and deliver
such instruments of conveyance and do such other things as
may reasonably be required to vest and confirm more fully
and certainly in the successor agent all right, title and
interest in and to the property held by it hereunder . Any
bank into which the Escrow Agent may be merged or with which
it may be consolidated or any bank resulting from any merger
or consolidation to which it shall be a party or any bank to
which it may sell or transfer all or substantially all of
its corporate trust business shall, if the City approves, be
the successor agent without the execution of any document or
the performance of any further act.
13 . This Escrow Agreement may be executed in counter-
parts and shall be irrevocable and binding upon and shall
inure to the benefit of the City and the Escrow Agent and
their respective successors and assigns . In addition, this
Agreement shall constitute a third party beneficiary con-
tract for the benefit of the holders at any time of the
Refunded Bonds . Said third party beneficiaries shall be
entitled to enforce performance and observance of the City
and the Escrow Agent of the respective agreements and cove-
nants herein contained as fully and completely as if said
third party beneficiaries were parties hereto.
- 11 -
14 . For any one or more of the following purposes , the
City and the Escrow Agent may enter into any supplemental
agreements to the Escrow Agreement as shall not adversely
affect the rights of the holder or holders of the Refunded
Bonds and as shall not be inconsistent with the terms and
provisions of this Escrow Agreement, without the consent of
or notice to the holder or holders of the Refunded Bonds '
(a) To cure any ambiguity or formal defect or
omission in this Escrow Agreement;
(b) To grant to, or confer upon the Escrow Agent
for the benefit of the holder or holders of the
Refunded Bonds any additional rights, remedies,
powers or authority that may lawfully be granted
to, or conferred upon such holder or holders; and
( c) To provide additional funds, securities or
properties under this Escrow Agreement.
15 . Except as expressly provided in paragraph 14 above,
this Escrow Agreement may not be repealed, revoked, altered
or amended without the unanimous written consent of the City
and the holder or holders of the Refunded Bonds, and the
written consent of the Escrow Agent .
IN WITNESS WHEREOF, the City and the Escrow Agent caused
this Escrow Agreement to be executed in their respective
12 -
names and have caused this Escrow Agreement to be dated as
of 1986 .
CITY OF SHAKOPEE, MINNESOTA
By
Mayor
By
City Administrator
[ESCROW AGENT]
By
Its
13 -
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
CITY OF SHAKOPEE
SCOTT COUNTY
MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council
of the City of Shakopee, Scott County, Minnesota, there have
been called for redemption and prepayment on
February 1 , 1991
outstanding bonds of the City designated as General Obliga-
tion Tax Increment Bonds, Series 1984A, dated November 1 ,
1984, having stated maturity dates in the years 1992 through
1998, and totalling $1 ,480 , 000 in principal amount . The
bonds are being called at a price of par plus accrued inter-
est to February 1, 1991, on which date all interest on said
bonds will cease to accrue . Holders of the bonds hereby
called for redemption are requested to present their bonds
for payment, at First National Bank of Minneapolis , in Min-
neapolis, Minnesota, on February 1, 1991 .
Dated July 1, 1986
BY ORDER OF THE CITY COUNCIL
/s/ Judith Cox
City Clerk
Additional information
may be obtained from:
SPRINGSTED INCORPORATED
85 East Seventh Place
Suite 100
St. Paul, Minnesota 55101
A - 1
EXHIBIT B
Issuance Expenses
B - 1
EXHIBIT C
ACKNOWLEDGMENT
I , being duly authorized to execute this acknowledgment
on behalf of ( the "Bank" ) ,
as Escrow Agent do hereby acknowledge that the City of
Shakopee, Scott County, Minnesota, has this date irrevocably
deposited with the Bank in trust for the security of the
holders and owners of outstanding General Obligation Tax
Increment Bonds, Series 1984A, dated November 1, 1984, that
certain Escrow Deposit required to be deposited with the
Bank at Bond Closing in accordance with the Escrow Agree-
ment, dated , between the Bank and said
City.
Dated this day of 1986 .
By
Its
C - 1
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
meeting of the City Council of the City of Shakopee, Minne-
sota, was duly held in the Shakopee City Hall on the 1st day
of July, 1986 , commencing at 7 : 30 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 bids which had been received for
the purchase of the City' s $355, 000 General Obligation
Improvement Bonds, Series 1986B, as advertised for sale .
The City Clerk presented affidavits showing publication of
notice of sale in the City' s official newspaper and in Com-
mercial West , a financial paper published in Minneapolis,
Minnesota, which affidavits were examined, found satisfac-
tory, and ordered placed on file .
The City Finance Director presented a tabulation of the
bids which had been received in the manner specified in the
notice of sale of the Bonds . The bids were as follows :
After due consideration of the bids , Coun.cilmember
introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2S95
RESOLUTION AWARDING THE SALE OF $355, 000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986B;
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 $355, 000 General
Obligation Improvement Bonds, Series 1986B ( the "Bonds" ) , as
described in the notice of sale thereof, is hereby found and
determined to be the highest and best bid received pursuant
to duly advertised notice of sale and 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 $349 , 675 , 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 1986B, in
the total principal amount of $355 ,000 . The Bonds shall be
dated July 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 February 1, 1987 , 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:
3 -
YEAR AMOUNT RATE YEAR AMOUNT RATE
1988 $30 , 000 % 1993 $35, 000 %
1989 $30 , 000 1994 $35 , 000
1990 $30 , 000 1995 $40 , 000
1991 $35, 000 1996 $40 , 000
1992 $35 , 000 1997 $45 , 000
All Bonds maturing after February 1 , 1995 , are subject to
redemption at the option of the City on said date and on any
interest payment date thereafter in inverse order of maturi-
ties 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. The Bonds are also subject to
extraordinary redemption from unexpended proceeds of the
Bonds upon the terms and conditions set forth in the form of
the Bonds contained in paragraph 4 of this Resolution.
3 . Both principal of and interest on the Bonds shall
be payable by , in the
City of which shall also act as
registrar and transfer agent for the Bonds , or at the office
of any duly appointed and qualified successor thereto ( such
agent or successor herein referred to as the "Bond Regis-
trar" ) , 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:
a
4 -
No. R- $
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF SHAKOPEE
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1986B
RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP
July 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
February 1, 1987 ( the "Interest Payment Dates" ) . Both prin-
cipal of and interest on this Bond are payable by
in the City of
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 pri-
vate debts. The Bond Registrar will pay the interest due on
this Bond on each Interest Payment Date by mailing to the
Registered Owner ' s address on the last business day of the
Bond Registrar prior to such Interest Payment Date a check
or draft made payable to the Registered Owner , as such name
and address of the Registered Owner appear on the registra-
tion 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 :
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/1ea
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 , 1995 ,
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
maturity, shall select the appropriate prepayment amount by
lot therefrom, and shall authenticate and deliver to each
Registered 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
required by law and shall be mailed to the Registered Owner
no less than 15 days prior to the date of redemption.
In the event that pursuant to federal laws and regula-
tions the City is required to use unexpended proceeds of the
Bonds for early redemption of Bonds in order to preserve the
exemption of the interest on the Bonds from federal income
taxation, the City shall use such unexpended Bond proceeds
to redeem Bonds, on the date specified in notice given pur-
suant to law of such redemption, at 102% of par plus accrued
interest to the date of redemption. 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 or por-
tions thereof to be prepaid will be chosen by lot by the
Bond Registrar .
This Bond is one of an issue of fully registered Bonds
without interest coupons in the total principal amount of
$355 , 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
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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
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 July 1 , 1986 .
(OMIT SEAL)
( facsimile signature) ( facsimile signature)
City Administrator Mayor
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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. )
this Bond and all rights thereunder and hereby irrevocably
constitutes and appoints 11 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 :
8 -
>`rz,
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 (Gust) (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)
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)
r City Clerk
City of Shakopee, Minnesota
6 . The Bonds shall be executed on behalf of the City
by the facsimile signatures of the Mayor and the City
Administrator and shall be duly authenticated by the manual
signature of an officer of the Bond Registrar , hereby desig-
nated 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
- 9 -
the purchase price, and the Purchaser shall not be obligated
to see to the proper application thereof . If it becomes
desirable or necessary that the City close on the Bonds
prior to the time that printed Bonds can be prepared, exe-
cuted, and delivered, the City may deliver to the Purchaser
temporary typewritten or similarly prepared Bonds ( including
with respect to each maturity a single Bond in the full
principal amount thereof) , duly executed and authenticated
in accordance with applicable law, which temporary Bonds
shall be exchanged for definitive Bonds as soon as the same
can be prepared and delivered in accordance with this
Resolution.
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-
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 1986B, 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
- 10 -
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
Improvements or from such ad valorem taxes, when collected.
9 . It is hereby determined that for the Improvements
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
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 the County Auditor ' s
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
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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. 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
Service 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
- 12 -
their control relating to the validity and marketability of
the Bonds, and such instruments , including any heretofore
furnished, shall be deemed representations of the City as to
the facts stated therein.
13 . The Mayor , the City Administrator , the City Finance
Director and the City Clerk are hereby authorized to certify
that they have examined the offical statement or prospectus
prepared and circulated in connection with the issuance 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,
employees, or agents any action which would cause the inter-
est on the Bonds to become subject to taxation under the
Internal 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, and
that it will take, or it will cause to be taken, all affir-
mative actions within its power which may be necessary to
insure that such interest will not become subject to income
taxation under the Code.
15 . For the purpose of qualifying the Bonds as "quali-
fied project bonds" within the meaning of Section 802 (e) ( 3 )
of the Tax Reform Act of 1985 , as adopted by the United
States House of Representatives on December 17 , 1985
( "H.R. 3838" ) , the Council hereby finds and determines
that:
(a) the City is a political subdivision of the
State of Minnesota which was in existence on October 23,
1985 ;
( b) the reasonably anticipated amount of "quali-
fied tax exempt obligations" (within the meaning of said
Section of H.R. 3838 ) which will be issued by the City
during calendar year 1986 will not exceed $10 , 000 , 000 ;
(c) the Bonds will be issued and sold in calendar
year 1986, and, assuming the effectiveness of a certain
Joint Statement released on March 14 , 1986 , by Rep.
Rostenkowski , Sen. Packwood and others, the definition
of "nonessential function bonds" provided in Section 141
of H.R. 3838 would not apply to the Bonds ; and
(d) the Bonds are being issued to provide
financing and the Bonds, together with any other bonds
- 13 -
tc
issued for a common purpose, do not exceed $3 , 000 , 000 in
aggregate principal amount .
The City hereby designates the Bonds as "qualified proj-
ect bonds" for the purpose of qualifying the Bonds as
"qualified tax exempt obligations" pursuant to Section
802 (e) ( 3 ) of H.R. 3838 .
16 . 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
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.
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Ilb
Memo To: John K. Anderson, City Admipistor
From: Judith S . Cox, City Clerk
Re: Fox Run 1st Addition-Developersgr 'ement
Date : June 23 , 1986
Introduction:
On June 10th Council considered a revised developers
agreement for the Fox Run Subdivision and decided to invite the
developer to a Council meeting for further discussion.
Background:
October 15, 1985 Council approved the plat of Fux Run with a
condition that a developers agreement be executed covering:
1) park dedicated
2) electricity
3) street inprovements when petitioned by either the
developers or the future owners of the two lots with the
developer waiving all rights to a hearing on the proposed
assessment.
In the developers agreement, the developer is selecting
Plan-B improvements constructed under MSA 429 . When the city is
requested to make improvements , the developer must select one of
three payment options : loo cash deposit, 25% Letter of Credit, or
an accelerated assessment payment (150% at time of issuance of a
certificate of occupancy) .
It is my understanding, after talking with Mr. Corrigan, the
developer, that he doesn ' t expect the road to be constructed
until the two lots are subdivided further. Although it maybe some
time before the road is constructed, the developer will have to
encumber some funds under the current developers agreement.
This subdivision is being handled different than most,
because the city is not requiring the road to be built prior to
construction of homes . Since the city is not requiring the road
to be built, a revised developers agreement has been prepared
which will not require a 10% deposit, letter of credit, or 1500
payment when the second house is constructed. Staff is
recommending that council consider approving the revised
developers agreement.
Alternatives :
1) Build the road now (resolution approving plat will have
to be amended)
Pros Cons
Constructed public access will 1) There would be a
be available to the considerable cost for
subdivision. construction also of roads
leading to this subdivision.
2) Because access to this road
is through Prior Lake, this
would be an isolated area for
snow removal.
2) Require standard developers agreement
Pros Cons
1) If and when developer 1) A letter of credit would
requests the building of the have to be renewed every 6
road, there will be some funds months , a 150% accelerated
in escrow, letter of credit or payment will be required when
150% accelerated payment. the second home is built on
the vacant lot, or a 10%
escrow deposit must be made.
3) Require execution of a revised developers agreement.
Pros Cons
1) Simple to administer . Puts 1) There is always a chance
future property owners on that the developer (or future
notice that when they request property owner) would not pay
construction of the road, they the taxes and assessments when
are waiving their right to they become due.
appeal assessment.
2) Because there are only two
lots, it isn ' t likely that the
developer would not pay taxes
and assessments when do, as
maybe the case in a large
development with some
undesirable lots .
Recommendation:
Based on the fact that it is the city' s intention not to
built the road until requested by the property owner, which
appears to be a long way off, staff recommends a revised
developers agreement which does not require a letter of credit or
an accelerated payment. (alternative 3 . )
If Council desire to utilize the standard developers
agreement, staff recommends the developer be requested to submit
a 10% cash deposit to be placed in escrow. This would eliminate
renewing the letter of credit and would be less costly than the
150% payment when a home is built on the vacant lot.
Action Requested:
Approve a revised developers agreement, versus the City' s
standard developers agreement, for Fox Run 1st Addition, approved
by the Assistant City Attorney.
iId
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Aide
RE: City Council Chambers Relocation
DATE: June 25, 1986
Introduction•
At the direction of City Council, staff has investigated the
cost of relocating the existing City Council chambers. Staff has
also investigated the projected cost of constructing offices in
the existing Council Chambers . At the joint meeting with
Shakopee Public Utilities (SPUC) , local officials should discuss
the possibility of relocating the Council Chambers to the SPUC
meeting room until such time that a new City Hall can be
constructed.
Background:
f With the hiring of additional staff at City Hall, it has
become apparent that our current space is inadequate. It has
therefore become necessary for us to investigate office
relocation/remodeling alternatives utilizing existing space.
Cost estimates for remodeling the upstairs of City Hall range
from $10 , 000 to $18, 000. While this is a valid alternative,
there are several inherent problems such as: 1. Street noise
will be an annoyance no matter how much remodeling is done. 2.
Access to existing city equipment will be a problem for the
department that is relocated, i.e. copy machine. 3 . Public
access to the relocated department will be difficult due to the
nature of having offices on the second floor ( Stairway) .
This being the case, the City Council suggested that staff
investigate alternative sites to hold Council meetings, with the
thought of putting offices in the existing Council Chambers.
Staff has been in contact with the following institutions or
agencies; Shakopee School District, Citizens State Bank, Shakopee
Public Utilities and First National Bank. The school district
has informed staff that at the present time their school board
meeting room is booked for three nights a week. While classroom
space may be available, they were hesitant to recommend such an
alternative due to the fact that one room could not be guaranteed
for our continued use.
Both the banks contacted do have adequate meeting room
space. However, First National Bank has their room reserved and
would be unable to accommodate our needs. Citizens State Bank
has indicated that their facility could be made available at a
annual cost of $6 ,000 . The City would also be responsible for
carrying liability insurance and property insurance on any
equipment left in the building. Our existing policy would
increase approximately $200 annually under this scenario.
The Shakopee Public Utilities building does have adequate
meeting room space. This building along with the others is
handicapped accessible. It is my understanding that in the past,
City Council meetings have been held in this facility. Mr. Lou
VanHout, Utilities Superintendent has been contacted with our
proposal of relocating the City Council meetings to this
facility. Mr. VanHout did identify one problem with using the
utilities meeting room. That is, at this time there is no
barrier that would discourage the public from roaming around the
utility offices prior to their entrance into the meeting room.
Staff believes this situation could be corrected at a minimal
cost using an expandable fence for example.
The Utilities building would also allow us to set up the
Council Chambers for a potential long term stay. Our new sound
system could be easily moved to the Utilities building. It is
also possible that we could set up the existing Council table in
the Utilities building. Finally, moving the Council Chambers to
the Utilities building would provide access to a copy machine
during meeting and access to storage space that we could use on a
continuing basis during our stay.
The City Building Inspector has estimated that remodeling
the existing Council Chambers into offices and completing some
additional work on the first floor could be easily accomplished
for approximately $7 , 600 . (See attachment #1 Table One for
budget breakdown) . The upstairs of City Hall and the first floor
could be remodeled for under $10 , 000 . The remodeling plan would
include bare necessities. ( See attachment #1 Table Two) With the
proposed improvements staff does not believe that the upstairs
would provide an effective work area. In fact, moving upstairs
would aggravate work conditions that are already undesirable for
most departments.
In light of the fact that the Utilities building is
Municipally owned and it does not appear that City meetings will
interfere with SPUC business, staff would recommend that we
utilize this structure for our Council Chambers until such time
that a new city hall can be completed.
Action Requested:
r Discuss with SPUC the
pros and cons of moving the City
Council Chambers to the SPUC meeting room and direct staff
accordingly.
1l�
Attachment =1
Table One
Remodeling Existing Council Chambers
1. Walls/tape/paint/doors - $5000
2 . Electrical - $ 800
3 . Window - $ 800
4 . Contingencies - $1000
Total $7 , 600
Table Two
Remodeling Upstairs of City Hall
1. Walls/tape/paint/doors - $3500
2 . Wiring and lights - $3000
3 . Telephone/computer - $ 800
4 . Drop Ceiling - $1800
5 . Contingencies - 5 900
Total 510 , 000
Relocating City Offices
Alternatives
Fact Sheet
Alternative No. 1 - Move City Council to Utilities building and
remodel existing Council Chambers into offices.
Existing City Council Chambers - 674 sq. ft.
Utilities Building Meeting Room - 792 sq. ft.
Cost Estimates
A. Remodeling Utilities Building ( 2 security gates ) - $ 2 , 000
B. Remodeling first floor and converting existing
Council Chambers into offices
1 . Walls/tape/paint/doors 5 , 000
2 . Window 800
3 . Electrical 800
4 . Telephone/Computer 800
5 . Contingencies 1 , 000
Sub Total 8 ,400
Total $10 , 400
Alternative No. 2 - Move City Council Chambers to Citizens State
Bank and remodel existing Council Chambers into
offices.
Cost Estimates
A. Annual rental cost paid to Citizens State Bank $ 6 , 000
B. Annual liability and property insurance 200
C. Remodeling first floor and converting existing
Council Chambers into offices ( same as
alternative No. 1 ) 7 , 600
Total $13 , 800 1st year
6 , 200 each year
thereafter
Alternative No. 3 - Remodeling upstairs and first floor
(Bare minimum)
Cost Estimates
A. Walls/Tape/Paint/Doors $ 3 ,500
B. Wiring and Lights 3 , 000
C. Telephone/Computer 800
D. Drop Ceiling 1 , 800
E. Contingencies 900
Total $10 , 000
Alternative No. 4- Remodeling upstairs and first floor
(Maximum use and efficiency)
A. Walls/Tape/Paint/Doors $ 3 , 500
B. Wiring and lights 3 , 000
C. Telephone/Computer 800
D. Drop Ceiling 1 , 800
E. Carpet 1 , 500
F. Drapes (Solar) 1 , 500
G. A/C ducts and heat reg. 4 , 000
H. Contingencies 1 , 000
Total $17 , 100
Footnotes:
1 . Securing our sound system would not be a problem in any of the
aforementioned alternatives. The system would be left up at
all times .
2 . Scott County has been contacted in regard to the availability
of meeting room space. They have informed staff they don' t
have anything available that would meet our needs .
3 . The total cost of alternative #4 has been increased since the
original memo from LeRoy dated April 24 , 1986 to take into
account the costs for the first floor improvements and improved
estimates.
4. As it presently exists, temperatures have been known to vary
as -much as 40 degrees in any given day in the upstairs of
City Hall.
MEMO TO: John K. Anders
on, City Administrator
FROM: LeRoy Houser, Building Official
RE: Chamber Sign
DATE: June 26 , 1986
Introduction:
A while back I was asked to coordinate the chamber sign on the
East end of town.
Backcround•
My involvement was to provide a cost projection for the erection
of the poles including the pole cost and obtain a site to put it
on. I secured permission from the DNR for the location and I
obtained an estimate of the pole cost from Utilities. They
quoted $80 . 00 per pole or $400 . 00 for the 5 poles. They also
quoted $55 . 00 per hour for man and truck to set the poles and
projected 4 hours or $220 . 00 total labor cost. The total estimate
then, was $620 . 00. At no time did I indicate to the Chamber that
the cost would be written off by Utilities.
The original agreement with the chamber was that they would
provide the labor for the sign erection except for the pole
setting. What actually happened, is that the Chambers sign man
did not have the equipment to do the job, consequently I had
Utilities provide a cherry picker, chain saw, and help to do it.
Summarized, when the project was completed the bill was $1, 349. 72
for poles, pole setting and helping erect the sign.
The overrun is explained as follows:
Original cost from Utilities 5620 . 00
Increase in pole price to Utilities 5112. 94 per pole vs.
X
rom supplier between quote time and 580. 00 estimated =
delivery time $32. 94 times 5 poles
_ $164. 70 over-run
8 1/2 man hours to set poles instead
of 4 hours = $90. 00 over-run
The additional change is $450 . 00 for work I thought the sign
erector was supposed to do.
It appears we have a $729 . 72 overrun. The fact is the Utility
Dept. cooperated 100% in this project when they were extremely
busy. Also, they have provided us with a fair billing and I am
in no way implying they did not. However, the chamber said they
do not have the money to pay it.
Recommendation:
Considering all of the other forces who have donated time to this
project which equates to money (Bill ' s Toggery, Signs of Quality,
DNR, Chamber Committee and myself ) , and ccnsidering the fact that
the sign is an attractive addition to our City, and because a
city employee was in charge of and responsible for coordinating
the project, I think it is appropriate that the City pay for the
overrun.
Action ReQuested:
Direct staff to authorize payment to Shakopee Public Utilities
for the overrun in the amount of $729 .72 . to come from the Industrial
Commercial Commission budget.
tw
Jl
MEMO TO: John K. Anderson, City Administrator
FROM: LeRoy Houser, Building Official Cwc?
RE: Building Inspection Contract
DATE: June 3, 1986
Introduction
I have reviewed the building inspection contract as requested.
Background
Each year we hire a contract inspector and share him with Scott County and
split all costs 50/50. The contract had been renewed year year. This year
the County Attorney redrafted the contract so it renews automatically each
year - for purposes of simplification I suppose.
Alternatives
1. Approve the contract as drafted.
2. Amend the contract and approve it.
3. Drop the idea of a shared inspector and discontinue the joint agreement
with Scott County.
Recommendation
The shared inspector has worked well for both the City and the County.
The existance of the joint powers agreement binds the City and County,
therefore, when and if the position is left vacant by the City the
agreement needs to be terminated. Staff recommends alternative No. 1.
Action Requested
Authorize the appropriate City officials to enter into a joint powers
agreement with Scott County for the provision of shared building inspector
services.
LH/jms
JOINT POWERS AGRTTTI ?Iv'T
SCC7I`I COUNTY AIM THE CITY OF SHAKOPEE FOR
BUILDrNG 1I'SPECTION S=CFS
This Joint Powers Agreement, dated this day of 1985, by and
between the City of Shakopee, a Municipal Corporation under the laws of the
State of Minnesota, hereinafter referred to as the "City" and the County of
Scott, State of Minnesota, hereinafter referred to as the "County", by and
through its Board of Ccmrnissioners.
WITNESSETH;
Z^1HEREAS, the parties to this agreement desire to share in the costs of the
services of a building inspector; and
TAv=REAS, Minnesota Statutes Section 471.59 authorizes governn-ental
subdivisions, by agreement entered into through action of their governing
bodies, to jointly and cooperatively exercise any pacer coming to the
contracting parties; and
WHEREAS, each of the parties hereto desires to enter into such a joint
patters agreement, and has through action of its governing body been authorized
to enter into such an agreement.
1\10, TH=FQRE, in consideration of the mutual promises contained herein,
the parties do agree as follo47s:
11
I. =771 H OF CO=CT
The term of this Agreement shall be from 1986 and shall
automatically renew annually unless this agreement is terminated as provided in
this article.
This Agreement may be terminated by either party at any time, with or
without cause, upon thirty (30) days written notice delivered by mail or in
person. For purposes of early termination, notice may be sent to the City as
follaas: City Administrator, Shakopee City Hall, 129 East First Avenue,
Shakopee, Mn. 55379. Notice may be sent to the County as follows: County
Administrator, Scott County Courthouse, Shakopee, Mn. 55379.
II. SERVICES
The City agrees to retain the services of a building inspector duly
qualified and willing to perform the duties and services set forth herein on
behalf of the City and the County.
The building inspector is to provide the building inspection services
described below:
1. To enforce the Minnesota State Building Code Act, the rules and
regulations of the City and the County and the appropriate ordinances of both
political subdivisions pertaining to building codes, and any directives
promulgated or issued under the authority of the City and the County.
2. To report to the office of the building inspector of the County or the
City when called upon to provide services.
3. To supply daily reports of all inspections completed on designated
official inspection forms of the County and City.
4. Th make building inspections on behalf of the City and County as
directed in the geographical areas within the City's corporate limits and the
other areas within the County of Scott for which the County has responsibility
for building inspections.
5. To assist in legal proceedings necessanr to enforce provisions of the
building codes as set forth herein.
III. TLNE FOR PFRFORMANCE
It is agreed by the parties that the building inspector will primarily
provide services to the County the first half of the work week and will
primarily provide services to the City the second half of the work week. It is
agreed and understood by the parties that the hours of provision of services
will be subject to change as agreed upon by the City's Building Inspector and
the County's Planning Director.
IV. BILLING AND PA1=7
The County agrees to reimburse the City for the services of the building
inspector for the time the building inspector has actually provided services to
the County. The reimbursement rate shall not exceed the sum of a per hour
salary plus costs of benefits provided by the City to the building inspector.
If there is an annual adjustment for cost of living, the County Administrator
and City Manager, each of whom is hereby authorized to act on behalf of his
governing body, shall agree in writing on the amount of the yearly adjustment.
The County will make payment to the City as soon as practicable within
thirty days after receipt of the billing statement. The billing statement will
r be paid after verification of items contained therein by the County's Planning
Director.
It is understood and agreed by the parties that any claim of the building
inspector for workers compensation shall be the rsponsibility of she City and
that costs of any claim for unemployment compensation by the building inspector
shall be shared by the City and County based on a pro rata compilation of time
worked for the City and for the County.
V. ASSIGNIL"UT T
Neither party to this contract shall assign the contract, nor any interest
arising herein, without written consent of the other.
VI. ENTIRE AGREE[=
It is understood and agreed that the entire agreement of the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matters hereof as well
as any previous agreements presently in effect between the City and the County
relating to the subject matter hereof.
vII. REOUIRE M7T OF A WRITING
Any alterations, amendments, deletions or waivers of the provisions of this
Agreement shall be valid only when reduced to writing and duly signed by the
parties.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
CITY OF SHAKOPFE CC=1 OF SCX7IT
Mayor, City of Shakopee Chairman, Scott County Board
Shakopee City Administrator Scott County Administrator
Shak—e City Clerk
MEMO TO: City Council
FROM: LeRoy Houser, Building Official
RE: Certificate of Occupancy
DATE: June 25 , 1986
Introduction:
We presently require a certificate of occupancy for residential
and commercial properties.
Background:
Many times we issue a temporary certificate of occupancy due to
weather, finances, legal or other problems that may occur that
delays the 100% completion of a project. As long as the required
life safety items are in place we have tried to work with the
property owner by issuing the temporary c.o.
We presently have about 40 projects dating back 3-4 years that we
have been unable to get cleaned up.
I propose to charge a certificate of occupancy fee of $150 . 00 for
residential projects and return $140 . 00 to the property owner at
the time the permanent c.o. is issued. This is a practice used
in several other communities .
I plan to charge $300. 00 for commercial industrial projects and
return $290 . 00 at the time the permanent c.o. is issued.
Recommendation:
Allow staff to amend the fee schedule to cover aforementioned
charges.
Action Reauested:
Direct staff to amend building permit fee charge as indicated.
tw
IIS
Memo To: John K. Anderson, City Administrator
From: Gregg M. Voxland, Finance Director
Re: Insurance Package Renewal
Date: June 27, 1986
Introduction & Background
The City sought quotations on the insurance package last
year. This is then the second year of the established 3-year
cycle and the policies are up for renewal 6/30/86. As a
practical matter, the League of Cities package that we have
is about the only coverage we can get.
Attached is the breakdown of the coverages and cost prepared
by Capesius Agency according to Lee Hennen. The package is
essentially unchanged and excluding the umbrella liability
coverage the premiums go from $130,428 for 85-86 to $148,352
for 86-87, which is a 13.7% change, some of which is due to
increased coverages (more and newer vehicles, more value on
buildings, etc. ) .
The umbrella coverage for $1,000,000 cost $20,000 last year.
This year the premium is $33,103 for a 65% increase. The
Utilities Commission has been particularly interested in
having the umbrella coverage in the past.
The package covers the City, SPDC, HRA and Community
Services.
Alternatives
1. Renew packages as presented.
2. Renew package without umbrella coverage.
Recommendations
Alternative No. 1.
Action Requested
Move to direct staff to proceed with renewing the insurance
policies that the City had for the past year.
GMV:mmr
Ica il
pesius A Amey, In .
YOUR INDEPENDENT INSURANCE AGENTS
P.O. &u 97. First National Bank Bldil.. Shakopee. MN SS379 Tel. (612) 441S-1922
CITY OF SHAKOPEE
129 East First Avenue
Shakopee, Minnesota 55379
INSURANCE COVERAGE OUTLINE INTRODUCTION
The following pages have been prepared as a simplified resume of your
Insurance Program. For your convenience, we have identified your
present types of coverage. However, it should be clearly understood
that nothing in this resume is intended to interpret or in anyway
supersede the policy conditions.
From time to time in the course of your business, operations, you may
sign leases, contracts and other agreements which transfer serious
financial obligations to you. We suggest that you have your attorney
and CPA review these so that you might let us know what changes are
necessary in your. insurance program in order to properly treat these
exposures.
Although we will cooperate with you to keep this program up—to—date,
changes will occur in your Insurance Program. After it' s preparation,
this resume cannot be considered current at any given time. It should
never be used in the place of the policies to which it refers. Existing
coverage should only be determined from the actual policy forms.
Prepared By —
Capesius Agency, Inc.
129 So. Holmes Street
Shakopee, Minnesota 55379
if C�
pesius Ageney, In
YOUR INDEPENDENT INSURANCE AGENTS
P.O. &)x 97. First National Bank Bldg.. Shakopee. MN SS379 Tel. (612) 44S-1922
CITY OF SHAKOPEE
129 East First Avenue
Shakopee, Mn. 55379
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
Policy Period 6-30-86/87
PROPERTY
LIMIT COVERAGES VALUATION DEDUCTIBLE
Blanket Building& Replacement
Contents $9 , 179 , 450* All Risk Cost $1 , 000
Extra Expense
City Hall 20 ,000 All Risk --- ---
Police Department 20 , 000 All Risk --- ---
Utility Office 30 , 000 All Risk --- ---
* Agreed Amount Coverage
VALUABLE PAPERS
Limit $570 , 000
Located: City Hall
Police Department
Utility Office
All Risk
TOTAL ANNUAL PROPERTY & VALUABLE PAPERS PREMIUM: $28 ,669
CITY OF SHAKOPEE
CONTRACTORS EQUIPMENT
$231 , 600 Per schedule on file w/LMCIT
$1 , 000 Deductible All Risk
z so
MISCELLANEOUS EQUIPMENT
Limit $170 , 987
$250 Deductible All Risk
goo
TOTAL ANNUAL EQUIPMENT PREMIUM: $3 , 052
v ^
MONEY & SECURITIES
City Hall Utility Office
Loss Inside Premises $5 , 000 $7 , 000
Loss Outside Premises $5 , 000 $7 , 000
$250 Deductible
TOTAL ANNUAL MONEY & SECURITIES ,PREMIUM: $271 .
Z 7i
CITY OF SHAKOPEE
COMPREHENSIVE GENERAL LIABILITY
Limit of Liability $600 , 000 Combined Single Limit
Bodily Injury & Property Damage
Coverage Included:
Premises - Operations
Products - Completed Operations
Independent Contractors
Contratual Liability
Personal Injury & Advertising Injury Liability
(Excluding Police)
Premis,es> Medical Payments - $1 , 000
Host Liquor Liability
Fire Legal Liability - $100 ,000
Broad Form Property Damage Liability ( including Completed
Operations)
Incidental Medical Malpractice Liability
Non Owned Watercraft Liability ( under 26 feet in length)
Limited Worldwide Liability
Employees as Additional Insureds
Extended Bodily Injury
Newly Acquired Organization - Automatic Coverage - 90 Days
Additional Insured: Shakopee Cummunity Service
$250 Property Damage Deductible - Per Claim
"Fellow Employee" Coverage
EMPLOYEE BENEFIT LAIBILITY
Limit of Liability $600 , 000 Any One Occurrence
$600 , 000 Annual Aggregate
TOTAL ANNUAL GENERAL LIABILITY LIABILITY PREMIUM: $62 , 156. c .Xfrc'c
CITY OF SHAKOPEE
AUTOMOBILE LIABILITY & PHYSICAL DAMAGE
9
Limit of Liability $600 , 000 Combined Single Limit
Bodily Injury and Property Damage
Coverages:
Personal Injury Protection - Statutory
Uninsured Motorist - $600, 000
Underinsured Motorist $600 , 000
Comprehensive - Per Schedule on File w/LMCIT*
Collision - Per Schedule on File w/LMCIT*
Hired & Non Owned Automobile Liability
"Fellow Employee" Coverage
Vehicles Per Schedule on File w/LMCIT
*Comprehensive Deductible $250 a/oo
Collision Deductible $500 :so
TOTAL ANNUAL AUTOMOBILE PREMIUM: $31 , 713.
2 q I .;sS
UMBRELLA
Limit of Liability:
$1 , 000 , 000 Each Occurrence
$1 ,000 , 000 Aggregate
$ 10 ,000 Retained: Limit
Excluding Coverage for Law Enforcement Liability & Public
Officials Liability
Umbrella Premium Pending
TOTAL ANNUAL LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
PREMIUM: $125 , 861 . * 61,Y1 as-sm
* Does not include Umbrella Premium
t
CITY OF SHAKOPEE
PUBLIC OFFICIALS LIABILITY
INTERNATIONAL SURPLUS LINES INSURANCE COMPANY
Policy Period 6-30-86/87
Limits of Liability: $1 , 000 , 000 Each Loss and
Aggregate for
I Each Policy Year
Retention: $ 2 , 500 Each 'Loss
ANNUAL PREMIUM: $5 , 372 + $161 . 16 S/L Tax
LAW ENFORCEMENT OFFICERS LIABILITY
WESTERN WORLD INSURANCE COMPANY
Policy Period 6-30-86/87
Limits of Liability: Bodily & Personal Injury $1 , 000 , 000 Each Person
$1 , 000, 000 Each Inciden
$1 , 000 ,000 Aggregate
Property Damage $ 50 , 000 Each Inciden
$ 50 , 000 Aggregate
$250 Property Damage Deductible
ANNUAL PREMIUM: $10, 108. + $303. 24 S/L Tax
S, ?so �j i o !o- rSo?aoo
PUBLIC OFFICIALS BLANKET BOND
TRANSAMERICA INSURANCE COMPANY
Policy Period 6-30-86/87
Faithful Performance Blanket Position Bond: $50 , 000
Including Depositors Forgery
ANNUAL PREMIUM: $435.
t
1
CITY OF SHAKOPEE
BOILER & MACHINERY i
HARTFORD STEAM BOILER
Policy Period 6-30-86/87 f`
Limit Per Accident $1 , 000 ,000
Comprehensive Coverage including Repair & Replacement
Location & Objects Schedule Per Policy
Deductible $500 except Transformers over 9000 KVA
ANNUAL PREMIUM: $6 , 112
? $/3 �-�or..^ ��4...SG ":oma j f✓L,
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Memo
To: John K. Anderson, City Administrator
From: Gregg M. Voxland, Finance Director
Re: 5-Year Equipment List
Date: June 27, 1986
Introduction & Background
Attached is the 5-Year Equipment List for 1987-1991. What is
shown are the requests by staff. The Equipment Committee has
not yet reviewed the list but members do plan to review it
before the Council meeting and I can then have an revised
list on the table.
Council should discuss and if possible, approve this list (or
as modified) at the 7/1 meeting so staff can use it for
preparing 1987 budgets. Such approval does not grant any
purchasing authority, it is only a basis for preparing,
budgets and future planning.
Action Requested
Discuss and approve the 5-Year Equipment List for 1987-1991.
G_MV:mmr
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Memo To: Mayor and City Council
From: John K. Anderson, City Administrator
Re: Hiring a Planner I
Date: June 25 , 1986
Introduction
City Council at its regular April 1, 1986 meeting authorized city staff
to recruit, screen and recommend for hiring a person to fill the position
of Planner I after the selection process for a new Community Development
Director has been completed.
Recruitment and Screening
The City advertised in the local newspaper and the Minneapols Star. The
City received 53 applications which were screened by a screening
committee of three persons. Serving on the Committee were Dennis Kraft,
our new Community Development Director; Judi Simac, our City Planner and
myself.
The 53 applications were reviewed and six were selected for interviews
and three were interviewed June 24, 1986. Two candidates withdrew and
one was out of state. After the reference checks were completed on the
top candidate, the committee recommends offering the job to Todd Gerhardt
whose resume is attached. The committee is recommending that Todd be
hired at Step One of the Planner I pay scale receiving $1,557 per month
beginning August 18, 1986. The delay in the starting date will allow
Dennis Kraft to arrive July 21st and get settled before Todd arrives. It
will also allow us to evaluate the effects of the Comparable Worth Study
recently completed.
Alternatives
1. Approve the employment of Todd Gerhardt as Planner I effective
August 18, 1986 at a salary of $1,557 per month, Step One of
the 1986 Technician Pay Plan. Todd's employee payroll
authorization form will state that the position depends upon
our workloads as previously approved by Council.
2. Reject the list of finalists and reconsider how and when the
City will fill the new Planner I position.
H Recommendation
The screening committee and I recommend alternative No. 1. The City will
be obtaining the type of entry level planner it was seeking.
Action Requested
Approve the employment of Todd Gerhardt as Planner I effective August 18,
1986 at a salary of 1,557 per month, Step One in the Pay Plan.
JKA/mmr
It �
May 19, 1986
125 State Street
Mankato, MN 56001
Personnel Director
City of Shakopee
City Hall
129 East 1st Avenue
Shakopee MN 55379
Dear Personnel Director,
I am writing in regards to the position of Planner 1. The position would be responsible
for conducting assigned planning activities for the city in the area of zoning
administration, comprehensive plan enforcement and implementation. In addition to
these responsiblities the Planning 1 would also be responsible for preparing reports,
recommendations and research as necessary.
My qualifications for this position consist of a B.S. degree from Mankato State
University. I received a double major in Urban and Regional Studies and Geography.
Currently I am working for Professional Planning and Development Company. My duties
consist of administration of two Small Cities Development Grants and packaging several
Small Business Administration loan applications. I have also been involved with
implementation and administration of a Need Assessment Survey and a Housing Survey.
Presently I am working on rewriting a city zoning ordinance. I also have experience
working with Tax Increment Financing projects throughout Minnesota. Other skills
which would assist in this position consist of cartography, word processing, computer
spread sheets, binding and collating documents.
I feel my past work experience and my educational background make me an excellent
candidate for the position of Planner 1. Enclosed with this letter is a resume and a list
of references. I am available for an interview at your convenience. Your time and
consideration are greatly appreciated.
Sincerely,
Todd R. Gerhardt
Enclosures
l� a
TODD R. GERHARDT
PERMANENT ADDRESS
125 State Street Available: May, 27 1986
Mankato, MN 56001
Telephone (507) 625-6376 Work 345-1290
PROFESSIONAL OBJECTIVE: To seek a position where assertiveness and effective
communication skills will assist a city in
reaching its goals.
QUALIFICATIONS: Past work experience; good communication skills; can
work with groups or individually; dependable; respon-
sible; and willing to take realistic risks.
EDUCATION: B.S., Mankato State University, Mankato, MN
Majors: Urban and Regional 'Studies
Geography
AWARDS/ACHIEVEMENTS: Urban and Regional Studies: Community Service
Award, 1985.
Student of Urban and Regional Studies (SURSI):
SURSI Extra Contribution Award.
Earned 100% of funds for my university educa-
tion.
WORK EXPERIENCE: Assoc. Planner Professional Planning and
Development Company
Duties consist of administrating two small city
1985 to Present development grants. Administrating and implementing
a need assesment survey and a housing survey. I am
presently working on rewriting a city zoning
ordinance and several Tax Increment Financing
projects. Design and cost analysis of a private
parking lot.
1983 to Present Relief House Murial Humphrey
Counselor Residences
Working with mentally retarted adults. Responsi-
bilities: writing behavior notes, distribution of
medication and counseling.
1981 to 1984 Summer Help Federated Rural Electric
(Summers) Association
Work consisted of building overhead power lines
and maintenance of existing lines. Responsi-
bilities were to make sure the trucks were
cleaned and stocked with parts, help with the
construction of the power lines, read meters,
and to be on call in case of any troubles.
INTERESTS/ACTIVITIES: Participate in football, basketball, track, and
baseball. I also enjoy racquetball and skiing.
REFERENCES
NAME POSITION ADDRESS & PHONE
Edward Tschida Project Manager Professional Planning and
Professional Planning Devlopment Company
and Devlopment Co. 201 North Broad St.
Suite 105
Mankato, MN 56001
(507) 345-1290
Roger Guenette Project Manager Same as above.
Professional Planning
and Devlopment Co.
Dr. Robert Barrett Director of the Mankato State University
Urban and Regional Box 25
Studies Institute Morris Hall 106
Mankato, MN 56001
(507) 389-1714
Kenneth Hartung Administration Aid City of Woodbury
City of Woodbury 2100 Radio Drive
Woodbury, MN 55125
(612) 739-5972
Dr. Perry Wood College Professor Mankato State University
Geography Box 2
Armstrong Hall
Mankato, MN 56001
(507) 389-1714
Dr. Anthony Filipovitch College Professor Mankato Sate University
Urban and Regional Box 25
Studies Morris Hall 106
Mankato, MN 56001
(507) 389-1714
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Cler
RE: Hiring a Receptionist/Typis
DATE: June 26 , 1986
Introduction
City Council at its regular May 6 , 1986 meeting authorized City staff
to advertise for the position of Receptionist/Typist at the pay plan
classification of No. 43 with the initial range of step 1 or 2
depending on experience.
Recruitment and Screening
The City advertised in the local newspaper and in the Minneapolis Star.
The City received 41 applications which were screened by the City
Clerk and the Senior Accounting Clerk. Of all the 41 applications
which were received 5 candidates were interviewed for the position.
The City Administrator and the City Clerk interviewed the 5 candidates.
After the reference checks were completed on the top candidate, the
City Administrator and the City Clerk recommend offering the job to
Pennie Schlechter at STEP ONE of the receptionist/typist pay scale
receiving $924 per month beginning August 18 , 1986 . The delay in
the starting date will allow for the office remodeling to be complete
or near completion before Pennie arrives . It will also allow us to
evaluate the effects of the COMPARABLE WORTH STUDY recently completed.
Alternatives
1. Approve the employment of Pennie Schlechter as receptionist/typist
effective as of August 18 , 1986 at a salary of $924 per month,
STEP ONE of the 1986 clerical pay plan.
2 . Do not approve the employment of Pennie Schlechter and give staff
further direction.
Recommendation
The City Administrator and City Clerk recommend alternative No. 1.
The City will be obtaining the type of entry-level receptionist it
was seeking.
Action Requested
Approve the employment of Pennie Schlechter as receptionist/typist
effective August 18 , 1986 at a salary of $924 per month, Step One
in the Clerical Pay Plan for 1986
�P�O�iCa �Ia�� o /"envieti �ec�►7�cf' i5 fG74Girl�q`
dbs
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer
SUBJECT: Marschall Road/4th Avenue Signals
DATE: June 26 , 1986
Introduction•
Signal lights are proposed to be installed at the intersection of
Marschall Road and 4th Avenue.
Background•
On January 7, 1986 , City Council acted to authorize the
appropriate City officials to enter into a cooperative agreement
with Scott County for the 50%/50% funding of traffic control
signals at the intersection Marschall Road and 4th Avenue.
Council also directed me to pursue state aid funding for the City
share of the cost.
Due to County policy , at the time ( 50% County/50% City) , the
estimated City cost was $37, 050. 00 based upon the following cost
schedule:
Estimated Construction Cost $65 , 000
Engineering Cost ( 14%) $ 9 , 100
Total Estimated Project Cost $74,100
Since the January 7, 1986 action, the County cost participation
policy has been revised such that the City is responsible for
only those intersecting legs which are City streets. Since 4th
Avenue to the east is the only City street in this intersection,
the City share of the cost has been reduced to 25% of the project
cost. Therefore, the estimated City share-is as follows:
Updated Estimated Construction Cost $70, 000
Engineering Cost ( 14%) $ 9 , 800
Total Estimated Project Cost $79 , 800
City Share 25% $19, 950
Attached are two copies of Cooperative Agreement No. 8602 between
the City of Shakopee and Scott County for the installation and
funding of the signal system. The City cost would be funded by
state aid funds.
�l
Recommendation:
It is recommended that the City enter into Cooperative Agreement
No. 8602 providing for the installation, funding and maintenance
of traffic control signals at the intersection of Marschall Road
and 4th Avenue. This action amends the aforementioned January 7 ,
1986 action.
Requested Action:
Move to authorize the appropriate City officials to execute
Cooperative Agreement No. 8602 between the City of Shakopee and
Scott County which provides for the installation, funding and
maintenance of a traffic control signal at the intersection of
Marschall Road and 4th Avenue, hereby, amending the January 7 ,
1986 Council action.
tw
SCOTT COUNTY r/
HIGHWAY DEPARTMENTor
COURT HOUSE A106
SHAKOPEE, MN. 55379-1396 (612x445-7750,Ext.346
BRADLEY J. LARSON
Highway Engineer
DANIEL M.JOBE
Asst. Highway Engineer June 20 , 1986
Mr. Ken Ashfeld, P.E.
City Engineer
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
Re: SAP 70-617-08
CSAH 17 @ CSAH 16/4th Ave.
Traffic Control Signal
Dear Mr. Ashfeld:
Enclosed for City Council approval are two copies of the
Cooperative Agreement concerning the installation and
operation of a traffic control signal at CSAH 17 (Marschall
Road) and CSAH 16/4th Avenue.
Upon approval please return both copies for final execution
by the County. If you have any questions , please contact
this office.
Thank you for your attention in this matter.
Sincerely,
f Bradley J L son, P.E.
County Hig wa Engineer
BJL/miv
Enc.
An Equal Opportunity Employer
Agreement No. 8602
ff+
State Aid Project No. 70-617-08
CSAH 17 at CSAH 16/4th Avenue
City of Shakopee
County of Scott
AGREEMENT
FOR
PARTICIPATION IN THE CONSTRUCTION AND
OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM
AND INTEGRAL STREET LIGHT
THIS AGREEMENT, Made and entered into this day of 19_, by
and between the County of Scott, .a body politic and corporate under the
laws of the State of Minnesota, hereinafter referred to as the "County"
and the City of Shakopee, a body politic and corporate under the laws of
the State of Minnesota, hereinafter referred to as the "City" .
WITNESSETH:
WHEREAS, It is considered mutually desirable to install a full traffic
actuated traffic control signal system with mast arms and integral street
lights at the intersection of County State Aid Highway No. 17 and County
State Aid Highway No. 16/4th Avenue within the City; and
WHEREAS, The City has expressed its willingness to participate in the
construction and operating cost of said signal system and integral street
lights; and
- 1 -
Agreement No. 8602 !/
WHEREAS, Said work shall be carried out by the parties hereto under
the provisions of M.S. Sec. 162 . 17 .
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I
The County shall prepare the necessary plans, specifications, and
proposals; shall perform the required engineering and inspection; and
shall install, or cause the installation of a full-traffic actuated
traffic control signal system with mast arms and integral street lights at
the intersection of County State Aid Highway No. 17 and County State Aid
Highway No. 16/4th Avenue. Such installation, as described immediately
above, shall be identified and accomplished under State Aid Project No.
70-617-08 , hereinafter referred to as the "project" , all in accordance
with said project plans and specifications which plans and specifications
are by this reference made a part hereof .
II
The term specifications as used herein shall mean the 1983 Edition of
w the Minnesota Department of Transportation "Standard Specifications for
Construction" and the project special provisions .
- 2 -
Agreement No. 8602 /!
III
The City agrees that any City license required to perform electrical
work within the City shall be issued to the Contractor or the County at no
cost to the Contractor or the County. Electrical inspection fees shall be
not more than those established by the State Board of Electricity in the
most recently recorded Electrical Inspection Fee Schedule.
IV
The City shall install, or cause the installation of an adequate three
wire, 120/240 Volt, single phase, alternating current electrical power
connection to the controller cabinet of the project at the sole cost and
expense of the City.
The City shall provide the electrical energy for the operation of the
traffic control signal system and integral street lights to be installed
under the project, all at the sole cost and expense of the City.
V
The County shall advertise and receive bids for the construction of
this project. Following the receipt of such bids, the County shall
promptly submit to the City a copy of the abstract of bids received for
the project together with a request for concurrence by the City or the
City Engineer in the award of a construction contract. The County shall
- 3 -
Agreement No. 8602 1�t
not make a construction contract award for the project until the City or
the City Engineer advises the County in writing of concurrence in such
award.
VI
The construction cost of the project shall be the contract cost. It
is understood that the estimated construction cost - stated hereinafter is
for informational purposes only.
The estimated construction cost of this project is $70 , 000 . 00 .
VII
The City shall, as its share of the construction costs, pay the County
twenty-five percent ( 25%) of the actual construction cost of the traffic
control signal system with integral street lights, plus fourteen percent
( 140) of such share as payment for Engineering and Inspection of the State
Aid Project No. 70-617-08.
The City shall, based on the contract price, deposit with the Scott
County Treasurer ninety percent ( 900) of the estimated City' s share of the
construction and engineering costs as partial payment within thirty ( 30 )
days after award of contract.
4 -
Agreement No. 8602 / 7>�
The remaining amount of the City' s share of construction and
engineering costs of this project shall be paid to the County upon
completion of the project and submittal to the City of the County' s final,
itemized, statement of the project costs.
In the event the partial payment exceeds the City' s share of these
final costs, such overpayment shall be returned to, the City by the County.
VIII
The City shall not revise by addition or deletion, nor alter or adjust
any component, part, sequence, or timing of the aforesaid traffic control
signal system; however, nothing herein shall be construed as restraint of
prompt, prudent action by properly constituted authorities in situations
where a part of such traffic control signal system may be directly
involved in an emergency.
IX
Upon completion of the work, the County shall maintain and repair said
traffic control signal system at the sole cost and expense of the County.
F Further, the County shall maintain the integral street lights for the City
except for maintaining photoelectrical controls, relamping, glassware, and
cleaning of the glassware thereof.
5 -
Agreement No. 8602 /q�
X
The construction of this project shall be under the supervision and
direction of the County. However, the City Engineer shall cooperate with
the County Engineer and his staff at their request to the extent
necessary, but shall have no responsibility for the supervision of the
,work.
XI
It is further agreed that the County shall not be responsible or
liable to the City or to any other person or persons whomsoever for
claims, damages , action, or cause of action of any kind or character
arising out of, allegedly arising out of or by reason of the performance,
negligent performance or nonperformance of any work or part hereof by the
City as provided for herein; and the City further agrees to defend at its
sole cost and expense any action or proceeding commenced for the purpose
of asserting any claim of whatsoever character arising in connection with
or by virtue of performance, negligent performance or nonperformance
hereunder by the City.
It is further agreed that the City shall not be responsible or liable
to the County or to any other person or persons whomsoever for claims,
damages , action, or cause of action of any kind or character arising out
of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of any work or part hereof by the County as
- 6 -
Agreement No. 8602 !!
provided for herein; and the County further agrees to defend at its sole
cost and expense any action or proceeding commenced for the purpose of
asserting any claim of whatsoever character arising in connection with or
by virtue of performance, negligent performance or nonperformance
hereunder by the County.
It is further agreed that any and all employees of the City and all
other persons engaged by the City in the performance of any work or
services required or provided for herein to be performed by the City shall
not be consiaered employees, agents or independent contractors of the
County, and that any and all claims that may or might arise under the
Worker' s Compensation Act or the Unemployment Compensation Act of the
State of Minnesota on behalf of said City employees while so engaged and
any and all claims made by any third parties as a consequence of any act
or omission on the part of said City employees while so engaged on any of
the work or services provided to be rendered herein shall be the sole
responsibility of the City and shall in no way be the obligation or
responsibility of the County.
Any and all employees of the County and all other persons engaged by
the County in the performance of any work or services required or provided
for herein to be performed by the County shall not be considered
employees , agents or independent contractors of the City, and that any and
7 -
Agreement No. 8602 lq
all claims that may or might arise under the Worker' s Compensation Act or
the Unemployment Compensation Act of the State of Minnesota on behalf of
said County employees while so engaged and any and all claims made by any
third parties as a consequence of any act or omission on the part of said
County employees while so engaged on any of the work or services provided
to be rendered herein shall be the sole responsibility of the County and
shall in no way be the obligation or responsibility of the City.
XII
The provisions of M.S. 181 . 59 and of any applicable local ordinance
relating to Civil Rights and discrimination and the affirmative action
policy statement of Scott County shall be considered a part of this
agreement as though fully set forth herein.
- 8 -
i(
Agreement No. 8602
State Aid Project No. 70-617-08
CSAH 17 at CSAH 16/4th Avenue
City of Shakopee
County of Scott
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to
be executed by their respective duly authorized officers as of the day and
year first above written.
CITY OF SHAKOPEE
By
Mayor
( SEAL) Date
And
City Administrator
Date
COUNTY OF SCOTT
ATTEST:
By By
County Administrator Chairman of Its County Board
Date Date
Upon proper execution, this agreement
will be legally valid and binding.
By
County Attorney
RECOMMENDED FOR APPROVAL:
Date By
County Engineer
Date
APPROVED AS TO EXECUTION:
By
County Attorney
Date
9 -
; iP�
MEMO TO: John K. Anderson, City Admi i trator qotlu-- �
FROM: Ken Ashfeld, City Engineer' --
SUBJECT: 4th Avenue Project; C.R. 83 to Shenandoah Drive
DATE: June 27, 1986
Introduction•
Attached is proposed Change Order No. 1 for the subject project
to be considered by City Council.
Background:
The 4th Avenue project between C.R. 83 and Shenandoah Drive is
very near completion at this point with only final turf
restoration to complete. The existing contract calls for seeding
and mulching the project area of which this work has been
completed with the exception of some fine grading and smoothing
off of the disc anchored mulch ridge. Also, sodding required for
erosion control has been placed.
The Engineering Department has received numerous complaints from
residents and property owners regarding the turf restoration.
Essentially, the complaints registered are from those that had
established, mowable lawns prior to the project.
In discussing this situation with the City' s consultant, Barton-
Aschman, they regret that these areas were not included in the
original contract for sodding, particularly in light of the type
of soil present. It is recommended that a change order to the
contract be executed such that previously maintained lawns can be
sodded. State Aid funds are available for this change order.
Alternatives :
1 . Approve Change Order No. 1 to provide for the additional
sodding that would complete maintained, mowable yards and
seeding of all other areas except those areas requiring
sod for erosion control.
2 . Do not approve Change Order No. 1 and provide for seeding
of the entire area with the exception of those areas
already sodded for erosion control.
Recommendation:
Alternative No. 1
Requested Action:
Move to approve Change Order No. 1 to the 1985-1 4th Avenue
Reconstruction project in the amount of $8, 136. 00, cost of Change
Order to be funded by State Aid funds .
CHANGE ORDER
Project Name: 4th Avenue Reconstruction
Pro
Change Order No. : One J _
Date: 6-26-86 Contract No. : 19851
Original Contract Amount $ 243 , 468 . 35
Change Order(s) No. thru No. $ -
Total Funds Encumbered Prior to Change Order $ 243 , 468 . 35
Description of Work to be (Added/Deleted):
Provide for Additional Sodding
6 , 780 sq. yds . @ $1. 20 = $8 , 136 . 00
The above described work shall be incorporated in the Contract, referenced above,
under the same conditions specified in the original Contract as amended unless
otherwise specified herein. Any work not so specified shall be performed in accordance
with the Standard Specifications adopted by the City of Shakopee, Minnesota.
The amount of the Contract shall be (increased/ Xxa by $ 8 , 136 . 00
The number of calendar days for completion shall be (increased/decreased) by 0
Original Contract Amount $ 243 , 468 . 35
Change Order(s) No. thru $ 8 , 136 . 00
Total Funds Encumbered $ 251,604. 35
Completion Date: 45 working days
The undersigned Contractor hereby agrees to perform
the work specified in this Change Order in accordance
with the specifications, conditions and prices
specified herein. REVIEWED:
Contractor: Shakopee Public Utilities Commission
By:
Title:
Manager Date
Date:
APPROVED AND RECOMMENDED:
City Engineer Datie
APPROVED: City of Shakopee
By*
Mayor Date..
Approved as to form this day of
City Administrator Date -�
City Clerk Date City„y Attcrney
MEMO TO: John K. Anderson, City Administrator
FROM: Judi Simac, City Planner
RE: Conditional Use Permit Resolution for Quest Air
DATE: June 24 , 1986
Background•
At the June 17 , 1986 meeting the City Council directed staff
to prepare a resolution to deny the Conditional Use Permit for
Quest Air helicopter service. Included in the resolution were to
be the reasons for Council denial based upon testimony received
at the public hearing.
Attached please find the resolution which has been prepared
and approved by Mr. Coller.
Action Requested:
Offer Resolution No. CC 452 - Conditional Use Permit Resolution
No. CC 452 , and move its adoption. (Denying a conditional use permit
for Quest Air Service Inc. to operate a heliport)
Attachment
tw
1V(5?11
RESOLUTION NO. CC 452
Conditional Use Permit Resolution of the
City Council No. CC 452
WHEREAS , Quest Air Service Inc . having duly filed an
application for a Conditional Use Permit date April 21 , 1986
under the provisions of the Shakopee Zoning Ordinance, Section
11 . 04 , Subd. 6A, as follows : A Conditional Use Permit to operate
a heliport in an I-2 , Heavy Industrial zoned area; and
WHEREAS, the property upon which the request is being made
is described as : Lot 2, Block 3 , Valley Park lst Addn; and
WHEREAS, said proposed Conditional Use Permit request was
approved by the Shakopee Planning Commission of the City of
Shakopee, Minnesota at their meeting held May 22 , 1986 and said
Conditional Use Permit decision is herewith being appealed to the
City Council; and
WHEREAS, the Shakopee City Council on June 17 , 1986 held a
public hearing on the appeal for the decision of the Planning
Commission.
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 upon
considering the suggestions made by the applicant and 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 aforementioned Conditional Use Permit be
and is hereby denied pursuant to the following:
1 . The conditional use will be injurious to the use and
enjoyment of other property in the immediate vicinity for
purposes already permitted.
2 . Adequate measures can not be taken to prevent or control
offensive noise, dust, nor invasion of privacy, so that none
of these will constitute a nuisance.
3 . The use, in the opinion of the City Council is not
reasonably related to the overall needs to the City and to
the existing land uses .
4. Existing businesses nearby will be adversely affected
because of curtailment of trade or marketing of property for
development brought about by the intrusion of noise.
Adopted in adjourned regular session of the City Council of
the City of Shakopee, Minnesota held this 1st day of July, 1986 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved to form this �a
day of 1986 .
City Att ey
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Apportionment of Assessments for Canterbury Park 2nd
Addition
DATE: June 23 , 1986
Introduction & Background
As a result of the platting of Canterbury Park 2nd Addition,
the special assessments against the original two parcels need
to be apportioned against the newly created parcels. The plat
does not encumpass all of the two original parcels so there will
be residual parcels with the same original two parcel numbers.
The developers agreed to this apportionment in the developers
agreement.
Alternatives
a. Apportion assessments
b. Do not apportion assessments .
Action Requested
Offer Resolution No. 2579 , A Resolution Apportioning Assessment
Among New Parcels Created as a Result of the Subdivision of Land
Parcel No. 27-908-071-0 and No. 27-909-013-0 (Canterbury Park
2nd Addition) , and move its adoption.
JSC/jms
Z
l
RESOLUTION NO. 2579
A RESOLUTION APPORTIONING ASSESSMENT AMONG NEW PARCELS CREATED
AS A RESULT OF THE SUBDIVISION OF LAND
PARCEL NO. 27-908-071-0 and NO. 27-909-013-0
WHEREAS, on March 7, 1978 Resolution No. 1219 adopted by the City Council
levied assessments against properties benefitted by construction of the 1977-1
Improvement Project, and
WHEREAS, on August 19, 1980 Resolution No. 1661 adopted by the City Council
levied assessments against properties benefitted by construction of the 1979-7
CR-83 Utilities Project, and
WHEREAS, on August 25, 1981 Resolution No. 1891 adopted by the City Council
levied assessments against properties benefitted by construction of the 1981-1
VIP Interceptor, and
WHEREAS, two tracts of land benefitted by the said improvements, known as
parcel number 27-908-071-0 and number 27-909-013-0, have been partially
subdivided into the plat of Canterbury Park 2nd Addition, and
WHEREAS, it is the desire of the City Council to apportion the installments
remaining unpaid against said tracts among the newly created parcels within the
plat of Canterbury Park 2nd Addition as well as the residual two parcels not
part of the new subdivision, and
WHEREAS, the property owners involved have been notified of this proposed
action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE:
1. That the 1986 payable remaining balance of assessments to parcel 27-
908-071-0 is $1,679.00 for the 1981-1 VIP Interceptor; and that the
1986 payable remaining balance of assessments to parcel 27-909-013-0 is
$116. 17 for the 1977-1 Improvement Project and is $17,138.36 for the
1979-7 CR-83 Utilities and are hereby apportioned as set forth in
Exhibit A attached hereto and made a part hereof.
2. That all other parts of Resolution No. 1219 shall continue in effect.
3. That all other parts of Resolution No. 1661 shall continue in effect.
4. That all other parts of Resolution No. 1891 shall continue in effect.
Resolution No. 2579
Page Two
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 1986.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1986.
City Attorney
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J
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City EngineerZVI
SUBJECT: 2nd Avenue Parking Lot Lan soll�aping
Project, No. 1986-7
DATE: June 24, 1986
INTRODUCTION:
A Resolution accepting the low bid is necessary to proceed with
the Parking Lot Landscaping Project.
BACKGROUND:
The City of Shakopee received bids for the above referenced
project on June 24, 1986 at which time they were opened and read
aloud.
The low bid from Noble Nursery, Inc. , of $40, 896. 03, is approxi-
mately 5% below the Engineer' s estimate of $42, 967. 00.
RECOMMENDATION:
Noble Nursery, Inc. is a competent, responsible contractor
responding to the requirements of the request for bids,
therefore, I recommend award of the contract to Noble Nursery,
Inc. , Maple Grove, MN in the amount of $40, 896. 03.
ACTION REQUESTED:
Offer Resolution No. 2581, A Resolution Accepting Bid on 2nd
Avenue Parking Lot Improvements, Project No. 1986-7.
FS/pmp
MEM2581
' RESOLUTION NO. 2581
A Resolution Accepting Bid On
2nd Avenue Parking Lot Improvements
Project No. 1986-7
WHEREAS, pursuant to an advertisement for bids for the 2nd
Avenue Parking Lot Improvements Project , bids were received ,
opened and tabulated according to law, and the following bids
were received complying with the advertisement:
Noble Nursery, Inc. $ 40,896. 03
Natural Green , Inc. $ 49,874. 50
Midwest Landscaping $ 50,791 . 00
. Minnesota Valley Landscaping $ 55,360. 00
`
AND WHEREAS, it appears that Noble Nursery, Inc. , 10530 Troy
Lane, Maple Grove, MN 55369 is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . The Mayor and City Clerk are hereby authorized and
directed to enter into a contract with Noble Nursery, in the name
of the City of Shakopee for the improvement of 2nd Avenue Parking
Lot , Project No. 1986-7 by Landscaping Improvements, according to
the plans and specifications therefore approved by the City
Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to
return forthwith to all bidders the deposits made with their
bids, except that the deposits of the successful bidder and the
next lowest bidder shall be retained until a contract has been
signed.
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
MEMO TO: John K. Anderson, City Administrator
FROM: Judi Simac, City Planner
RE: Amendment to Section 11. 60 , Subd. 9 of the City Code
DATE: June 26 , 1986
Background:
At their June 17 , 1986 meeting the City Council directed
staff to prepare an ordinance which shall amend Section 11. 60 ,
Subd. 9 of the City Code to allow bulk storage of liquid in above
ground tanks only. Attached is the ordinance for Council
consideration.
Action Requested:
Adoption of Ordinance No. 197 , Fourth 'Series, An ordinance
amending Section 11. 60 , Subd. 9 of the City Code to allow bulk
storage of liquid in above ground tanks only.
Attachment
tw
ORDINANCE NO.-`1 197
Fourth Series
An Ordinance of the City of Shakopee, Minnesota, Amending the Shakopee City
Code, Chapter 11 Entitled "Land Use Regulation (Zoning)"by Repealing Subd 9
of Section 11.60; by Adopting a new Subd 9 of Section 11.60; by Adopting by
Reference Shakopee City Code Chapter 1 and adopting by Reference Section 11.99
which, among other things, contain penalty provisions
THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I Repeal
Shakopee City Code Section 11.60 Subd 9 is hereby repealed.
SECTION II New Section 11.60 Subd, 9 enacted.
Subd 9 Bulk Storage (liquid). All uses associated with the bulk storage
of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall require a
conditional use permit in order that the governing body may have assurance that fire,
explosion, or water or soil contamination hazards are not present (that would be
detrimental to the public health, safety and general welfare) . Bulk storage of liquid
shall be above ground only, except as otherwise required by law or other applicable
sections of the City Code.
All existing above ground liquid storage tanks having a capacity in excess
of ten thousand (10,000) gallons shall secure a conditional use permit within twenty-four
(24) months following enactment of this Chapter. The Council may require the development
of diking around said tanks. Diking shall be suitably sealed, and shall hold a
leakage capacity equal to one hundred fifteen percent (115%) of the tank capacity. Any
existing storage tank that, in the opinion of the governing body, constitutes a hazard
r
to the public safety shall discontinue operations within five (5) years following
enactment of this Chapter,
SECTION III General Provisions adopted
Shakopee City Code, Chapter l 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.
SECTION Iy; When in force and effect
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 of1986.
'Mayor'of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as: to ,forts
this 25th day of June, 1986.
City Attorney
I �
MEMO TO: John K. Anderson, City Administrator
FROM: Judi Simac, City Planner
RE: Amendment to the City Code Sections 11. 28 , Subd. 3 ;
11. 32 , Subd. 3J; 11. 33 , Subd. 3J.
DATE: June 26 , 1986
Backaround:
At their June 17 , 1986 meeting the City Council directed
staff to prepare an ordinance for Council consideration which
amends Sections 11. 28 , Subd. 3 ; 11. 32 , Subd. 31 and 11. 33 , Subd.
3J of the City Code. Please find attached a copy of the proposed
ordinance.
Action Reauested:
Adopt Ordinance No. 203 4th Series an ordinance which
amends the Shakopee City Code, Sections 11. 28 , Subd. 3 ; 11. 32 ,
Subd. 31 and 11. 33 , Subd. 3J by adding private clubs and lodges
as a conditional use in the R-4 zone and repealing commercial
uses abutting a state highway in the light and heavy industrial
district, as conditional uses .
Attachment
tw
ORDINANCE NO. 203 FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
SHAKOPEE CITY CODE, CHAPTER 11 ENTITILED "LAND USE REGULATION
( ZONING) " BY AMENDING CERTAIN SECTIONS, AND REPEALING CERTAIN
SECTIONS AS HEREINAFTER SETOUT AND BY ADOPTING BY REFERENCE
SHAKOPEE CITY CODE CHAPTER I AND SECTION 11 . 99 , WHICH AMONG OTHER
THINGS CONTAIN PENALTY PROVISION.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I . Repeal
The following section of Chapter 11 hereby repealed: J of
Subd. 3 , Section 11. 32 ; J of Subd. 3 , Section 11. 33 .
Section II . Shakopee City Code Section 11. 28 entitled "Multi-
Family Residential (R-4 ) " is hereby amended by adding to
Subd. 3 entitled "conditional uses" , to read:
0. Private Clubs and Lodges
Section III . Shakopee City Code Chapter I entitled "General
Provisions and Definitions Applicable to the Entire City
Code Including Penalty for Violation" and Section 11. 99
entitled "Violation a Misdemeanor" are hereby adopted in
their entirety by reference as though repeated verbatim
herein.
Section IV. After the adoption, signing and attestation of
this ordinance it shall be published once in the official
newspaper of the C i v of Shakopee and shall -he In 2=73
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
1986 .
Mayor of the City of Shakopee
1
7
fn
2 r
MEMO TO: John K. Anderson, City Administrator '
FROM: Ken Ashfeld, City Engineer
SUBJECT: 4th Avenue Rehabilitation
DATE: June 20, 1986
INTRODUCTION & BACKGROUND:
The plans & specifications fc-r, the 4th Avenue Rehabilitation
Project from Fillmore Street to Scott Street has been reviewed
and approved by Scott County and Mn/Dat. ' Resolution No. '580
provides for the establishing of a bid letting date.
Due to the extensive nature of the plans and specifications,
these documents are available in my office to the City Council if
they wish to review them prior to the July 1 , 1986 meeting. I am
available to answer questions at City Hall or by telephone if any
questions should arise.
RECOMMENDATION:
Adopt Resolution No. 2580, A Resolution Approving Plans and
Specifications and Ordering Advertisement for Bids for 4th Avenue
Rehabilitation from Fillmore Street to Scott Street, Project No.
1986-3.
REQUESTED ACTION :
Offer Resolution No. 2580, A Resolution Approving Plans and
Specifications and Ordering Advertisement for Bids for 4th Avenue
Rehabilitation from Fillmore Street to Scott Street, Project No.
1986-3 and move its adoption.
KA/pmp
MEM2580
RESOLUTION NO. 2580
A Resolution Approving Plans And Specifications
And Ordering Advertisement For Bids
4th Avenue Rehabilitation
from Fillmore to Scott Street
Project No. 1986-3
WHEREAS , pursuant to Resolution No . 2534 adopted by City
Council on April 8 , 1986 , Ken Ashfeld , the City Engineer has
prepared plans and specifications for the improvement of 4th
Avenue Rehabilitation from Fillmore to Scott Street and has
presented such plans and specifications to the Council for
approval
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . Such plans and specifications , a copy of which is on
file and of record in the Office of the City Engineer, are hereby
approved .
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an advertise-
ment for bids upon the making of such improvements under such
approved plans and specifications . The Advertisement for Bids
shall be published for three weeks , shall specify the work to be
done, shall state that bids will be received by the City Clerk
until 10 : 15 A.M. , on July 18 , 1986 , at which time they will be
publicly opened in the Council Chambers of the City Hall by the
City Clerk and Engineer, or their designated party , will then be
tabulated , and will be considered by the Council at 7 : 00
P . M . , or thereafter on July 22 , 1986 , in the Council Chambers ,
and that no bids will be considered unless sealed and filed with
the City Clerk and accompanied by a cash deposit , cashier ' s
check, bid bond or certified check payable to the order of the
City of Shakopee for not less than five ( 5 ) percent of the
amount of the Bid .
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