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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 �(­�'.-.,CEIVED ] =: m -:51JUN26 IIII ill TY PF.SHAK0IP_EE 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 -r 1 0 C') nT cC') -� (-) c') 0 � C z O O a, O1 a1 d 0 0 d d d O a7 O d m 70 't (D N fD c (D a/ 7 '7 tD N (D c (D (n a a (x a G] A v a) a) a) T a) M a1 a) Ol 01 (D -i '7 l '] -1 O < O O ? D 7 N •O �O �O N •O (D •O •O •O d •O d 0) c (D CO co co n 00 07 (D 00 00 co '7 00 N 7 m •o ao v ,� o. O •o D7 �* o� (D rD a W o. c (D A O N N (D 7 O < fx 7 7 (DU) (D N `- �• 7 7 v v a) c N N rr N N P 0 M to M to to •D ID to to tR FA to In d O I m D. 1 10 ,�.�Im I-+ v iz o Ir* (D i< I I ta) d I c N -s Im I I Ix -•/"� to 7 ►2..v In Ic ► ► I ► Ir a� Ir N I ( F (n Im I I I I IN �. I I (D I I I I< - 10 rt ► IM m to I I I K 3 Iw 0 In; Izo ► ► I I Icy m IN I> D ► 10 O Iz ► Iw w to to to to w I� I� Ia ►o m ► ► I L. I I IN tz a I In I I 1co 0 v^ Itn I I� � i ► ► I� nv Im I ► � I � I� ► � I 1 1� I � ► I I I I I 0 v ► I (0i) m I ► 0 cni I r m IFA M to to N H to H eR tN I m m ► I ► I I I' I� m 1 0co I ► I I j j1 ID i om s ►� I I I r (D i CSM i 117=c W I i I I I(ND N 00 C Its �� ► I I Im S I t A D ► 1 I h N I O I In ' z m m (n I I I I I• ► v I 0 O r ►tR M IM N ItA tR ♦A N M M I I t I IA !! -7 IO a) I= I I i i i N I� vl I I I I io':03) I ID a I I I I ► ► Iw to ►w w w1 � Iw w W Iw ItA < I I7 I ¢�� y I i ► I� a)I ► I Im I I Im I W a i I ado a1 0 c ► ala-- I I I �►N I 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. W W W W W W W W W W R 4+ W W W W W W w W W R L. W W W w W W W w W w w W W W U. R W L. R Crk W T r V1 U:L: Ll Vt Ll U' R U. W W W L. W L. w t.. W R r r-r r r r r r r r-+r P. R V O R C�O D C rP. r - P."Q p00 R F f W WWN N N N N R PO wL"(.4 "W W W W-+r rR WW R N r r) W. co C> -P W Nr O 10 coOV OPNr G. 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CI+ Z D OD N N O O N ON F O O CD 01 J -+%DOWr N W TOLFI 000 V 0 'DN CI %D oONDW LI LI 110, n A 1 1 1 m O N N ►'' + m r 11 J O O 0 u W NNNW N r WFN Lw.4 Ja IO WrF W W W W FIl) WW r F O O N N F+ r NJCDG O W OQ1 .01 WN +ON O WN .orO +DD • • . . . . . . . t . . • . . . • • • • • . • . • • . . • • • • t n .L L. ON -4 0 rr O-W NLf. O (r1C a .D Wm NFrCI'll n -i r r rt rn .- rt n F- 0 n L OD * n O C+ f rj � c n o z C � \ K � c z rn c'. a 0 N r T rn C") z z z R C7 7 C r*, r =• o r N a c v M D i y M Q Z � I C rn W X W ."O + + rn V P a Z N Vt C O v -y Z C •c x m a z rr a z z n r*i rn .a 0 v n a ti y W D N •D ¢t ca • C N r � A X .o a r+ • • a 0 0 ., C 2 < � rn • N D N N Ul .� a i N ry I ro a w �I i i • .y r Ui T- rn co i I ID a k OD - S f ! N o. H • • a m v 2 M ►- w n a r*; W r V �+ i • � � N n �1 N / V 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 b 0) r-3 ^' 3 'TJ t7 Z O (n b c., c, 3 h7 c., C7 Z O 3 w 0) O a yrs a (D w (D o n (D z r_: r a a w (D o n I o (D (D t H n n r n C rt '0 K n n (D tr Ca C rt I� �C r n rS C (D (D O rt C 'C O fN W (D (D O rt ED � � (D rt w p, El � ((DD z n n K ntr (D K rt n n (D -3 o N QD W LID m OJ lD N J W w lD F-j OJ OD 07 N O J F-' N Ln lD �A In w �D !-- 00F ,Li F- l0 F� J J'D N J 00 F� In OD lD Ui lD lD W W W J 01 0l ,p W W r En A lD J L N W kA W N NF— rn O rn J O H %.D 0) J O 00 U 0) O la) W W J J O O F- 0l ,p 00 lD I-- �' Ul W �-j M F� N w J A Ln hj Lrl N O N J co F-j O N OD 00 01 .A U1 m m W W kp Ln ,p W N F� 01 N I'D O co F-' lD O m N 01 Ln N (.Ti N lD O � lD O In ,p m w !— w Ul m 01 O Ui d w J o> N O rt t:j z > r . 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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 c� rm M 07 t sr r M M M -M4 r-I m N E co W 'D a M W • �E M E 1�0 2 W CO o0 N a w r p ur DW M .. 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I .LOr 00 .o Z E m V' Ln to r r Ln M 0 LD N �10 r r 1 Ln m 4 Z rm 1-I OmN r to C' M .-1 r o I N •'"I r4 r-1 m N 1 .-1 < I r( O E M (J} O O W O W a N Z CWl7 >+ a *• •• O Co 00000 0o0 CD o E E M H E, a p p O O O O O G O 0 0 0 0 0 0 E „-.� Lp � i-r W w 0000000000 00 0 Cu U Z J co m U M nM' a Ln 0 0 0 Ln 0 Ln Ln 0 0 Ln O Ln E •• II W OCC Z - orNO NC O co >4 W m \\ a O'E r-I .--I .-1 r-I rl ra .-I r-I N N N N rl W E L--i Z a U) Ln O .a a W W N 0 Z a o 0Ea -� `.LzW \\\ w •• EU Q W W r r N W W Z F a £ (o EH to w z z IrNmG .4NMC' LnLotr00 tU Q p a z o 0 o wwa) mmmm. mmmCF) E rz U H U •• a E .:. mmmmmmmmmm0) M •• w tsa W W O Z p •• Z w .-1 .-+ ( -1 to z W >• C7 .� Z p a E J W ACU E- 0 W O N Z Ln �o r Om C) -4 NMctn to pa �Gtz EO0 E > .1 O 00mw00wmmmmmmm E `] w Off ~ - < W < J l< w a m m m mm m m m m mm m O U E a 0 U E J Cw -4 -4 -4 .- .-1 -� -4 .i .4 -4 -1 .a E a Z CQ 4 Z 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 K �l (nnC-4 ooh] U2n C) (n roH• O •• H• (D O O H. W H• O C rt H- C) n rt C) �:l C) rt O ro d rt LQ O r� • (D J rt 9 to •• (D K rt w (D C� • O H W Co H b .A J \ O I �1nn nn nn .. O H. .. O H. .. O H C) OAK C� '� H• b H• � H• U] N N F 1 lD N In coF rt n b7 to H H O O •• n Ca Cl W O n C-- C)O 1 r H• H• a r�-• �C o (� 00 m K O N \' � � o ro • W W (D W W y O �:l " O (n UQ10 H O to �5 GO rta� o � W � � rt K W N H• F- H f H d `` K Ul 4 w { co n (n n }( • O H• F-- C) rt rt I o H•K rtLQ x ft W ._ .. (D �-j y CD o F3 •r + 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. 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N O p W W Cl)W W W W w W j W W I w A m 0 I O O O O O O O D H .» D DD D DD D D I D () *0D 0:)O0 O 00 O 03 O p wo * W 1 to QI m O) O Q1 6) lJI +t N 0 WE N 07 m OD CD OD O N QS w N N Ir N N A A LO N Z +t N N NN NNJJ N I Ch I b N C * O b 0 0 0 0 0000 o O b ebj O ` b - 000 00 - O I 00 O W n +1. •• D 0tPtbJ K3 AN N m r NO 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 tw --oved ;.O -pen _'.cl— ::8 _- 1`. ^_:: -_EQ' c- 'ie �� �anmer ztatea �:_} .e ZLPpi-car_t _S requestinf; a conditional use rel "+i �O C �ev'"cte a COr�erC_al -reed lot (over 10 horses) i.il tae ;ori of a t:-m ate-i0red 1Cr.7 s.'id .._cl'-'in� center.Jnr Tne r1rsL .),se Oi ....nst--,ct--cn 1�.'r.11 consist_ G1 a /�: e rc:_"'':� _.."2.^.li (C' L� 41_ :: 1?•'G1Cle and O.1t,:1C :G -Dole �_enced electr_ 3_ ._. :col =r = c' � j��=��c Tarn. -'ie S':+.J:er oeascnlrld^__.__ :Y' u _ _ M i ^,. -- ''he win'e_. 00:7: i?=�= be able t0 aCCOr:4o4='e ar%i�l�' O: OV 1-crSes. �_"_'� � :J:r'f ...'�.. � _._���1 V __..-.. _ '.)-.S v..-•f - �'_•` f w-..._...ri -:,-e .t} ......_.:�♦_..-_ •C''T••- _•_--:J . _....nG�e L- r-_ �_1Y l.':..v_': ✓r '. e --.an' :i.� .. �---. '-' �1 � IJ+vJV"1 ^i .-.,.�`e j.::1 •ri!1.1_.. __ .'C. `J -. _ ._• -- ._. __ _ .e - r`.ae: •r '_:E_ i=— sUD La C_ :_i9 r')�'JSo{i n_�c'r._.. 0';f Q�. y ^the future ij � 't^. '- � ::art t:-�e V due '_me ::ecz:a=e it -:�"- be res_�'enU- In �_:- _ are L.: _ ::aj 3 f t-heir -r7 .crty v_r:3` r^,ar1_:1�; Properties. nomeren-1.e/_.�^e -Oved 'G . 1 Cse the ^'a^1� .ie __' Ctl.^ ? " __1;'d .�": - eu ` j a+�n�-C^ ;:]c -e'"ed '•O'-'.._'i.Jnl?� �'Se.. 7t �._:inr a.-'3' mol— for ;oCTV ther.i-- ",; y- v�^e mended ni "��:t and ."_._�Oi.'_' r- su' to e -`:)II G4. _ co__ ._ .. s:�.ic �..�nd tG_.___ _o ature C'cnst-rua .'_on i te0'_s. Two st:l! barns, reeCi.lU barn and c stall', ; C17 _ :in' =_Ma es; .:dditi^ al fences to divide =Tonal --roads �.3 ar T=c 33-u^ao• and include uerC'a j' 'vc^Cr llp 'P on :ie�sGa'ri slut of t_r1B iu'ure �C_1d1 VJ_GnS: lams. Jujteo 1, LO tliS followingC 1 } -"ast '"7 :.7!l�:ai "'ee410-.. ?er-s_1� rrC ':1e '••"�,^i� 1 . l,m-0l l c ar, ... c o d=-� ^' ZO thle '_SE' an c o S a bu- Tc m' 7• _^-_•�_ _ _.t -ast o5ta�n a 'V_,-. =ig'rl;ray :"ntrGmmCe =e—ft . O'cli-ant _.aand S L1 c_so v K��� ___ ...).e R/ Wil-�VC G1 _.�• � 1 -� f ins.re ti: L '_pie sigh.- d_S ance 1S COn-slaered 2S ✓art Oi the O'a7ity _:igro.,ay cast tori n_e o -c_t2 �= -16 s s i='-i=. o 23 spaces -- �• _C'1L _ _ T7. �- :� to 'ne^iu'..re _ _�'70 `D ces sn04^i on -.--e amenae3 Z-4th screen_g of t tiller fie_ n� mea t0 be =��=0`'e0 r'' PjamnerL-iVU GAJ.'�'+rGv 1 G1 1.:1l -lp V 0 li vin ne^l_t=eS i:'_ll ^e rOvlae3 on J• - lO - - rr,c ' 'i^'t1Gn 1 se ?cr''_y, be ::a`^._^.1 t^'"e3 by Ste_ �r �C- dust C �:s1Qe= t1^?1 and revile e= y „___S 003; I J 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 V ` 1 4r n M — R1 MATCH LIN : _ - � ��ft : 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 : - 5 - /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 6 - 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 - 7 - 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 - 11 - 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. - 14 - 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, l6e- ala 7o 7S /IJtr �_Q /'/8 L-1 v r , � c` c, , c o,o m R tr o` , to ; c s o O .z L, C. , LJ R O O L" Lo S cx F F ; Ln W R N ; N f7 ti CD 0 0 )O R v R t F F R N N N fV , :l< .7` R F R N 31 n v K • O G T co m c o Cl)o 0 0 Doc, Doom nc, o r D O C`. r, R' r. 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Cr-y rd '-d l7 t7 '=J m C 3 Imi O 0 R° tr1 rn H 3 L=J W (D (D H H z (D H P) Cn (D P) C xJ °C H) �'t H H H• Pi C] (D U) I m F'• 0 a o It It o 0 !� a (D � (D y C+ 9 It O (n O O (D H H H (n a s Z �5 m r v P) 'd 10 (D (n H q < z rn C+ (D N N N N N N N N r\) r\) N N R) N N N r\) N N N N N N N N N N) N N N N n H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H ;IV N N N N N N N N N IV N N IV IV N IV IV N N N N N N N N N N N N N N N H H H H H H H H H H H H H H H H H H O O O 00 00 0 0 00 O O \�O Oo -j O\ \-n -P' W N H H H H H H H H H o \,O OD O\O> \-n `n \�n \-n vi \J1 -✓- z O 'U H '•d H H 0 C = � _ _ _ _ _ = _ = 9 9 3 td � t= CO t= C7 m O z (D Zl cF td Cl) & g H. O 'i i C+ =S C+ O C+ Oh OG y W K ° zJ H P) (D `i H W (D co H• H• (D H n C+ i I C C+ Cf)Cf) ((D E ((D CHn n ° W CA Cl) � H a 7 � ct H x (D Cl) H W cn x O (D 10 ((DC D � ° cD (D LO x � H H H � H CO � H N N N W H H W W �n .r=- O `O H vi ] \n CO W H H N -� \O F O vi o W D\ vi H OJ CC) `n \-n vi CC) a1 -� i OOO � O O � w0w W OD �n 0 O 0 0 s' �(D 0 Pr R a r s✓ O W N I— O 1 TJ m t- a\H N C O W N O 0 O cn- Iw n F� El (D a o cn >✓ � r I—' r• H+ c+ '-3 s5 C/) z m cD a > o r• � n � (D cr. m • a n c� p O r- z b a a cD p P) c� w w �• cri d Nw rn co-.1 N OD C7 7�Jl V1 V1 O\ODS N Oco�lo0w N d 1� n x 7 o` O J a 0 PV a e 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. 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O N 5 Q (D (D O � (D Q K Q, (D £ � H- K ~ O � O N IH- N O K (KD 5fF-' K �. N-j sy r O K H- to N N rt f✓ a �-j Q' r- F✓ ((D N 5 ~ rrt, 0Q1 p'Q (D CO K ff En p Q s✓ (D C@ O (CD E (D (D O tr N N r C \ C � N Q, r N r.73 O r- H. H. (D r (D (D N Q M� N tr r LQ r- (D trN En cln—. J Q `Q O r- cptw r- NN`q HN- p ti rt s✓ o ct tj Nrt � N (D C (D w O Ql rt r 0 rt, F-n K N K En En 5 K r Q 0 0, O (D N C) N (D C) O H O ~ Sr N K r- sv Q r Q, (D (D 1 ' (KD (D rt' Fl• () N (D A) w C z W :4 W N N (D r- LQ P. C w K rt I H N • z (D N 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 y N N N N N N N N N N O V v v v V V V V V V b r O O N N N N N N N N n If CD W W W LJ W W W W I 1 O I I I I I 1 I I f✓ O O O O O O O O O v o o O O O O O O z W 1 A W N 00 V O\ Ln O 1 I I 1 I 1 I 1 1 I O O O O O O O O O O z4- r: C E o <� w O (D -3 x (D (D O z o ((DD O B H CL (D G O. 3 rt (D z • N U1 00 E z %0 � z 00 r r r r o 0 o n o E M O O O O G G G w G r I--• r-• �• D\ �-• rt rt rt rt rt rt rt G rt (D O rt H70 O � Lri m t- Ln N N O O 0 (D o w x rt rt rt n rt H R k N N 1-C N WH �TJH t7 n b G a d z (n ^' z 0 ° 0 �C U) 00 00 J-- �ql pql x n � o � z N N 1--• � w �. H 11- 0 • ri W - O O Ln rs)z 00N� 1�-h n nG N t-' n rt x V W W a, n l �O W 00 Ln (D n ID O r. V r+ Ln rt H O b -64 r; O H V 9 ON 00 O\ W W Ln %.D Q. V N (D b 1 (n I-. N O D\ W L� M-• fD t. V O ON W A- %.o Ln A N (n G 4A, rt V I N O N• n v � r. 0, V Ln .L 00 00 C. H 'id �-o 0 W V Ln W 1.0 1-` ON O r• 1 00 W V Ln N O %.D rt 00 V O Ln r• W rt W O N N N 00 N (D C% O W LO N %.0 W N 00 r N y �.O V V Ln 00 00 � O W Ln ON � 00 W W rt W W W In In �D 00 C71 w Ln 00 In O O Ln V N O Ln W O r- N O\ 00 00 V � �-• 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