HomeMy WebLinkAbout09/08/1987 TENTATIVE AGENDA
ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 8, 1987
Mayor Reinke presiding
1) Roll Call at 7:00 P.M.
2) Recess for H.R.A. Meeting
3) Re-convene
4) RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
5) Approval of Consent Business - (All items listed with an asterisk are
considered to be routine by the City Council and will be enacted by
one motion. There will be no separate discussion of these items unless
a Councilmember so requests, in which event the item will be removed
from the consent agenda and considered in its normal sequence on the
agenda) .
6) Communications
7) Public Hearings:
a) 7:15 P.M. - Public hearing on proposed assessments for
improvements to 13th Avenue from CR-89 to the East
corporate limits 1986-9
b) 8:00 P.M. - Public hearing on proposed assessments for
improvements to Valley park Drive North from TH-101
approximately 350 feet - 1986-11
c) 8:15 P.M. - Public hearing on proposed assessments for
improvements to Marschall Road from 11th Avenue to
13th Avenue by Watermain - 1987-4
d) 8:30 P.M. - Public hearing on proposed assessments for
improvements to Heritage Place (located West of
Hauer' s 3rd Addition, South of J.E.J. 2nd Addition
and Hauer' s 2nd Addition) 1987-14
8) Boards and Commissions
9) Reports from staff: (Council will take a 10 minute break around 9:00) -
a) 7: 30 P.M. - Awarding the sale of $2,660,000 General Obligation
Tax Increment Bonds, Series 1987-A - Res. 2795
b) 7:30 P.M. - Awarding the sale of $705,000 General. Obligation
Improvement Bonds, Series 1987-A - Res. 2796
*c) Capital Equipment - 1 3/4, 2 1/2, 5" Fire Hose
*d) Res. No. 2782 - Calling for A Special Election
*e) Res. No. 2797 - Setting A Public Hearing Re: Pullman Liquor
Licenses
£) 1988 Budget - Bring copy of budget received 9/1/87
g) Agreement for Temporary Management Services
h) Ten Eyck Variance
10) Other business:
11) Adjourn to Tuesday, September 15, 1987 at 7:00 P.M.
John K. Anderson, City Administrator
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Special Session September 8 , 1987
Chairperson Leroux presiding
1. Roll Call at 7 :00 p.m.
2. Resolution Approving and Authorizing Execution of Tax Increment
Pledge Agreement
3. Other Business
4. Adjourn
Dennis R. Kraft
Executive Director
v
MEMO TO: Shakopee Housing and Redevelopment Authority
FROM: Dennis R. Kraft, Executive Director
RE: Resolution Approving and Authorizing Execution of a
Tax Increment Pledge Agreement (Series 1987A)
DATE: September 4, 1987
Introduction
As a part of the Downtown Redevelopment Project the HRA is being
requested to issue $2,660,000 in General Obligation Tax Increment
Bonds, Series 1987A.
Background
These bonds will be used for certain Streetscape, Sewer and water
improvements. Mr. David MacGillivray of Springsted, Incorporated,
the City's financial advisor will be present to answer questions.
Recommended Action
Adopt Resolution No. 87-4 Approving and Authorizing Execution of
Tax Increment Pledge Agreement Respecting $2,660,000 G.O. Tax
Increment Bonds, Series 1987A.
DRK/jms
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 8th day
of September, 1987, commencing at 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. 87-4
RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF TAX INCREMENT PLEDGE AGREEMENT
RESPECTING $2,660,000 G.O. TAX INCREMENT BONDS,
SERIES 1987A
WHEREAS, at the request of the Housing and Redevelopment
Authority in and for the City of Shakopee, Minnesota (the
"Authority") , it is anticipated that the City of Shakopee,
v
Minnesota (the "City" ) , will award the sale of its
$2,660,000 General Obligation Tax Increment Bonds, Series
1987A, dated October 1, 1987 pursuant to Minnesota Statutes,
Section 469.178, Subdivision 2, 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 8th day of September, 1987. -
BY THE BOARD OF COMMISSIONERS
Chairman
ATTEST:
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.
TAX INCREMENT PLEDGE AGREEMENT
This Tax increment Pledge Agreement (the "Agreement" ) is
dated as of October 1, 1987 ; 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 Coun-
cil has on or before the date hereof adopted a resolution
(the "Bond Resolution" ) awarding the sale of the City's
$2,660,000 General Obligation Tax Increment Bonds, Series
1987A, dated October 1, 1987 (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, itisnecessary
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 469.178, Subdivision
2, the City and the Authority hereby agree as follows:
1. 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
(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 Rede-
velopment Project, excluding such tax increments from said
Districts which have heretofore been pledged to the payment
of other tax increment bonds or public redevelopment
costs. In discharging its obligations under this Agreement,
the Authority expressly reserves the right to select from
year to year Available Tax Increments from one or more of
the Districts and to pledge or otherwise dedicate tax
increments from any of the Districts to purposes other than
_ 1 _
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.
2. An executed copy of this Agreement shall be filed
with the County Auditor of Scott County, as required by Min-
nesota Statutes, Section 469.178, Subdivision 2.
3. 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 approved and 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 Executive Director
2 -
Certificate
I, the undersigned, being the duly qualified and Execu-
tive Director of the Housing and Redevelopment Authority in
and for the City of Shakopee, Minnesota, do hereby certify
that I have carefully compared the attached and foregoing
extract of minutes of a special or regular meeting of the
Board of Commissioners thereof, duly called and regularly
held on September 8, 1987, with the original thereof on file
in my office and I further certify the same is a full, true,
and correct copy thereof, insofar as the same relates to the
approval of a certain Tax Increment Pledge Agreement
respecting the City's $2,660,000 G.O. Tax Increment Bonds,
Series 1987A.
WITNESS my hand as such Executive Director of the
Authority this day of , 1987.
Executive Director
[SEAL] Housing and Redevelopment
Authority in and for the City
of Shakopee, Minnesota
7a
MEMMEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer
SUBJECT: 13th Avenue Improvements
DATE: September 3 , 1987
INTRODUCTION & BACKGROUND:
An assessment hearing for the subject project is scheduled for
September 8, 1987. This memo has three attachments which will
facilitate the hearings.
• Compilation of project costs, method of assessments
spreading and assessment rates.
• Assessment role.
• Resolution No. 2791 which adopts the assessments.
The interest rate within the resolution has been left blank to be
filled in at the hearing . Bond sales will be completed on
Tuesday at which time interest rates will then be known.
RECOMMENDATION:
Adopt Resolution No. 2791 .
REQUESTED ACTION:
Offer Resolution No. 2791 , A Resolution Adopting Assessments for
13th Avenue from C.R. 89 to the East Corporate Limits, Project
No. 1986-9, and move its adoption.
KA/pmp
MEM2791
13th AVENUE
ASSESSMENTS
Project No. 1986-9
Roadway 5135,815.24
Storm Sewer 30 ,273.50
Total Bid Price $166,086.7 4
Constuction Contingency (+303) 16 ,606. 67
5182 , 697 .61
Administrative Fees (+253) 45,674 .40
$ 228,372 .01
Right-of-Way Acquisition 6 , 690 .88
Project Cost 5235 ,062. 59
Assessed Cost (82%) 19 2 ,75 1 .57
City Cost U67) 42 , 311 . 32
$235,062.89
7 Ton Roadway $ 167 ,095.28
9 Ton Roadway $ 25,656.29
Assessed Cost 5 1 9 2,7 51.5 7
RESOLUTION 50. 2791
A Resolution Adopting Assessments
for 13th Avenue from C.B. 89 to the
East Corporate Limits
Project No. 1986-9
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council of the City of Shakopee met and heard and
passed upon all objections to the proposed assessments of:
13th Avenue from C.R. 89 to the East Corporate Limits by
Street Improvements
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHECITY OF
SHAKOPEE, MINNESOTA:
1 . That such proposed assessment together with any
amendments thereof, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special
assessment against the lands named herein and each tract therein
included is hereby found to be benefitted by the proposed
improvements in the amount of the assessments levied against it.
2 . Such assessments shall be payable in equal annual
installments extending over a period of ten (10) years, the first
installment to be payable on or before the first Monday i
January , 1988 , and shall bear interest at the rate of ��
percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added
the interest on the entire assessment from the date of this
resolution until December 31 , 1987 , and to each subsequent
installment when due shall be added the interest for one year on
all unpaid installments.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County Auditor,
pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except
that no interest shall be charged if the entire assessment is
paid within thirty ( 30 ) days from the adoption of this
resolution ; he may thereafter pay to the County Treasurer the
installment and interest in process of collection on the current
tax list, and he may pay the remaining principal balance of the
assessment to the City Treasurer.
1
4. The Clerk shall file the assessment rolls pertaining to
this all
o the
Countys Auditor t on or before c October e and h loth c of each ify a year the ly t
thetotal
become
amount l installments yemar on andinterest
1assessm assessmentwhich
onare
each parcel ofdue
land
the following y
included in the assessment roll.
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
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MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer ((*-
SUBJECT: Valley Park Drive N. Project Assessments
DATE: September 3, 1987
INTRODUCTION A BACKGROUND:
An assessment hearing for the subject project is scheduled for
September 8, 1987. This memo has three attachments which will
facilitate the hearings.
• Compilation of project costs, method of assessments
spreading and assessment rates.
• Assessment role.
• Resolution No. 2794 which adopts the assessments.
The interest rate within the resolution has been left blank to be
filled in at the hearing . Bond sales will be completed on
Tuesday at which time interest rates will then be known.
RECOMMENDATION:
Adopt Resolution No. 2794.
REQUESTED ACTION:
Offer Resolution No. 2794, A Resolution Adopting Assessments for
Valley Park Drive N. from T.H. 101 to the north approximately 350
Feet, Project No. 1986-11 , and move its adoption.
KA/pmp
MEM2794
74
VALLEY PARK DRIVE NORTH
ASSESSMENTS
Project No . 1986-11
Construction cost $ 49, 394. 63
Administration fees (257 ) 12, 348 . 66
Sub-total $ 61, 743 . 29
Estimate of legal fees
for condemnation 4, 993 . 26
Cost of condemnation 167, 280 . 00
Appraisals 4, 500 . 00
Cost to be Assessed $238, 516. 55
Prairie House Addition Front Feet
Lot 1 Block 1 386. 32 / 1757 . 27 = . 2198
Lot 2 Block 1 256. 87 / 1757 . 27 = . 1462
Outlot A 1114. 08 / 1757 . 27 = . 6340
Total 1757 . 27
Assessable
PID Lot/Block Ratio Amount Assessment
27-127001-0 Ll Bi . 2198 x $238, 516 . 55 = $ 52, 425. 94
27-127002-0 Li Bi .1462 x $238, 516. 55 = $ 34, 871 . 12
27-127004-0 Outlot A . 6340 x $238, 516 . 55 = $151, 219 . 49
Total $236, 516 . 55
7
RESOLUTION NO. 2T94
A Resolution Adopting Assessments
for Valley Park Drive North
from T.H. 101 to the North Approximately 350 Feet
Project No. 1986-11
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council of the City of Shakopee met and heard and
passed upon all objections to the proposed assessments of:
Valley Park Drive N. by Street Improvements
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1 . That such proposed assessment together with any
amendments thereof, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special
assessment against the lands named herein and each tract therein
included is hereby found to be benefitted by the proposed
improvements in the amount of the assessments levied against it.
2 . Such assessments shall be payable in equal annual
installments extending over a period of ten (10) years, the first
installment to be payable on or before the first Monday in
January , 1988 , and shall bear interest at the rate ofL.27o
percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added
the interest on the entire assessment from the date of this
resolution until December 31 , 1987 , and to each subsequent
installment when due shall be added the interest for one year on
all unpaid installments.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County Auditor,
pay ,.the whole of the assessment on such property , with interest
accrued to the date of payment, to the City Treasurer, except
that no interest shall be charged if the entire assessment is
paid within thirty (30 ) days from the adoption of this
resolution ; he may thereafter pay to the County Treasurer the
installment and interest in process of collection on the current
tax list, and he may pay the remaining principal balance of the
assessment to the City Treasurer.
4. The Clerk shall file the assessment rolls pertaining to
this assessment in his office and shall certify annually to the
County Auditor on or before October 10th of each year the total
amount of installments and interest which are to become due in
the following year on the assessment on each parcel of land
included in the assessment roll.
Adopted in session of the City Council of the Cityof Shakopee, Minnesota, held this __ day of
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this day
of , 19 —
City Attorney
I
7 �
VALLEY PARK. DRIVE NORTH
ASSESSMENTS
Project No . 1986-11
Owner PID Lot/BlockAssessment_�-
Bradberg Inc. 27-127001-0 L1, B1 $52, 425. 94
126 N. Franklin
Hutchinson, MN
55350
Bradberg Inc . 27-127002-0 L2, Bi 4341871 . 12
126 H. Franklin
Hutchinson, MN
55350
Bradberg Inc . 27-127004-0 Outlot A $151, 219 . 49
126H. Franklin
Hutchinson, MN
55350 .
Total $238, 516. 55
HRADBERG, INC. '
RIVERSIDE PLACE
126 NORTH FRANKLIN
HUTCHINSON, MINNESOTA 55350
September 4, 1987 RECEIVED
SEP o 41987
City Council for the City of Shakopee
Attention: Judith S. Cox CITY OF SHAKOPEE
City Clerk
City of Shakopee
129 East lst Avenue
Shakopee, Minnesota 55379
RE: Proposed Assessment Project No. 1986-11
Valley Park Drive North from T.H. 101 to the North
approximately 350 feet
Dear Ms. Cox:
We are in receipt of the Notice of Hearing on Proposed
Assessment Project No. 1986-11, referenced above, issued by the
City Clerk under date Of August 21, 1987.
Please be advised that Bradberg, Inc. , submits written
objections to the Proposed Assessment on the following grounds:
Firstly, the total cost to be assessed in the amount of
$234, 016.55 is excessive and includes items of expenditures not
properly includable in such an assessment.
Secondly, at the time of signing and submitting the petition
for the Intersection Improvements in question, to which Valley
Fair was objecting and which required the right of way
condemnation by the City, we were assured by city representatives
that we would be given notice of and the opportunity to
participate in the negotiations involving the determination of
the ultimate assessment amount. Contrary to that understanding,
we were not given the opportunity to attend the meeting at which
the assessment amount was determined. -
Thirdly, the proposed assessment is imposed on only the
property abutting the Intersection Improvement on the east. No
part thereof is imposed on the property abutting the Intersection
Improvement on the west, nor on the non-abutting property to the
east and west of Valley Park Drive all of which are also clearly
benefited by the Intersection Improvements forming the subject of
the proposed assessment.
It is the position of Bradberg, Inc. , the owner of Lots 1
and 2, Block 1 and Outlot A, Prairie House lst Addition, that the
I
City Council for the City of Shakopee
Page 2
September 4, 1987
proper costs involved in the Intersection Improvement should be
assessed on a proportionate basis against all property, abutting
or non-abutting, which will benefit from the Intersection
Improvement now and in the future, as contemplated by statute
(M.S.A. ¢429.051) .
Accordingly, we respectfully request that the City Council
adjust the proposed assessment accordingly. Shank you.
BRADBERG, INC.
Curtis M.. Bradford /
Chief EsnanckalOffiber
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Enginee r--
SUBJECT: Marschall Road Watermain Improvements
DATE: September 3, 1987
INTRODUCTION h BACKGROUND:
An assessment hearing for the subject project is scheduled for
September 8 , 1987. This memo has three attachments which will
facilitate the hearings.
• Compilation of project costs, method of assessments
spreading and assessment rates.
• Assessment role.
• Resolution No. 2793 which adopts the assessments.
The interest rate within the resolution has been left blank to be
filled in at the hearing . Bond sales will be completed on
Tuesday at which time interest rates will then be known.
RECOMMENDATION:
Adopt Resolution No. 2793.
REQUESTED ACTION:
Offer Resolution No. 2793 , A Resolution Adopting Assessments for
Marschall Road Watermain, Project No . 1987-4 , and move its
adoption.
KA/pmp
MEM2793
7e,-
MARSCHALL ROAD ASSESSMENTS
PROJECT NO. 1987-4
Bid Price : Watermain $40,272.22
Sanitary Sever $10.223 .04
$50 ,595 .26
Assessable Footage/Acreage
27-907008-0 Joe Sand 175 F.F./2.61 Acres
27-907009-1
27-907009-0 Country Village Apts. 460 F.F./6.44 Acres
AATERMAIN
Bid Price: $40,272.22
Const. Contingency (+10%) $ 4 .027 .22
$44 ,299 .44
Admin. Fees (+25%) $11 .074 .86
$55,374 .30
SPUC Cost for Oversizing $ 8,394 .20
Const. Contingency (+10%) $ 829 .42
$ 9,233.62
Admin. Fees (+25%) $ 2. 208.41
$11 ,542.03
$55,374.30
- $11 .542 .02
Assessable Cost for Watermain $43,832.27
27-907008-0 175 A,F = -.2756 x $43, 832.27 = $12,080 .17
27-907009-1 635 A.F.
2.61 Acres x $569.00 = Trunk Water Charge $ 1 .485.09
$13,565.26
27-907009-0 460 A.T. = .7244 x $43,832.27 = $31 ,752.10
635 A.F.
6 .44 Acres x $569.00 = Trunk Water Charge $ 2.664 . 26
$35 ,416 .44
7C/
SANITARY SEWER
Bid Price
Admin. Fee (+25%) $10,323.04
Assessable Cost for San. Sewer 4 2, 580 76
$72, 903.8080
MARSCNALL RD. WATER14AIN OVERSIZING
1300 L.F. 12" DIP vs. 8" DIP
( $20.30 - $14 .70) _ $7,280.00
3 Ea. 12" C.V. vs. B" G.V.
($899.20 - $527 .80) _ 13 , 114-20
$8,394 .20
1C,
RESOLUTION NO. 2793
A Resolution Adopting Assessments
for Marschall Road Watermain
Project No. 1987-4
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council of the City of Shakopee met and heard and
Passed upon all objections to the proposed assessments of:
Marschall Road Watermain by Utility Improvements
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1 . That such proposed assessment together with any
amendments thereof, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special
-
assessment against the lands named herein and each tract therein
included is hereby found to be benefitted by the proposed
improvements in the amount of the assessments levied against it.
2 . Such assessments shall be payable in equal annual
installments extending over a period of ten (10) years, the first
installment to be payable on or before the first Monday in
January , 1988 , and shall bear interest at the rate of _
percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added
the interest on the entire assessment from the date of this
resolution until December 31 , 1987 , and to each subsequent
installment when due shall be added the interest for one year on
all unpaid installments.
3. The owner of any property so assessed may , at any time
Prior to certification of the assessment to the County Auditor,
pay the whole of the assessment on such Drooerty, with interest
accrued to the date of payment, to the City Treasurer, except
that no interest shall be charged if the entire assessment is
paid within thirty ( 30 ) days from the adoption of this
resolution ; he may thereafter pay to the County Treasurer the
installment and interest in process of collection on the current
tax 'list, and he may pay the remaining principal balance of the
assessment to the City Treasurer.
I
4 . The Clerk shall file the assessment rolls pertaining to
this assessment in his office and shall certify annually to the
County Auditor on or before October 10th of each year the total
amount of installments and interest which are to become due in
the following year on the assessment on each parcel of land
included in the assessment roll .
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: Ken Ashfeld, City Engineer
SUBJECT: Heritage Place Improvements
DATE: September 3, 1987
INTRODUCTION & BACKGROUND:
An assessment hearing for the subject project is scheduled for
September 8, 1987 . This memo has three attachments which will
facilitate the hearings.
• Compilation of project costs, method of assessments
spreading and assessment rates.
• Assessment role.
• Resolution No. 2792 which adopts the assessments.
The interest rate within the resolution has been left blank to be
.filled in at the hearing . Bond sales will be completed on
Tuesday at which time interest rates will then be known.
RECOMMENDATION:
Adopt Resolution No. 2792.
REQUESTED ACTION:
Offer Resolution No. 2792, A Resolution Adopting Assessments for
Heritage Place Improvements, Project No. 1987-14 , and move its
adoption.
KA/pmp
MEM2792
i
HERITAGE PLACE ASSESSMENTS
Project No. 1987-14
Watermain $ 78,034 .00
San. Sewer $ 66,919.00
Storm Sewer $ 35,012.00
Streets
t 72, 132,50
TOTAL BID PRICE $252,097 .50
WATER SYSTEM $ 78,034.00
Const. Contingency (+ 10%) $ 7 .805.40
$ 85,837 .40
Admin. Fee (+ 253) $ 21 .459.35
$107 ,296 .75
Less SPUC Cost $ 10.30
Water Sys. Assessed $ 83,636 .45
Trunk Chgs. Assessed $ 5.405.50
$ 89,041 .95
Lots in Phase I Divided by 39 Lots
$2,283.13/Lot
SANITARY SEWER $ 66,919.00
Less Oversizing & Extra Depth - 4 . 129.00
$ 62,790.00
Const. Contingency (+ 10%) $ 6.279 .00
$ 69,069.00
Admin. Fee (+ 25%) 17 .267 .25
Sanitary Sewer Assessed $ 86 ,336 .25
Lots in Phase I Divided by 39 Lots
$ 2,213.75/Lot
7d
STORM SEWER $ 35,012.00
Const. Contingency (+ JOS) $ 3.501 .20
$ 38 ,513.20
Admin. Fee (+ 255) 9 .628.40
$ 48 , 141 .50
Lots in Phase I Divided by 39 Lots
$ 1 ,234.40/Lot
STREETS $ 72, 132.50
Const. Contingency (+ 10%) $ 7 .213 .25
$ 79, 345.75
Admin. Fee (+ 25%) 19.836.44
$ 99, 182. 19
R.O.W. Acquisition 2. 500.00
$101 ,682.19
Lots in Phase I Divided by 39 Lots
$ 2,607.24/Lot
CITY COST (OVERSIZING + EXTRA DEPTH) $ 4, 129.00
Const. Contingency (+ 10%) 412.90
$ 4 ,541 .90
Admin. Fee (+ 25%) 1 . 145 .48
$ 5,677 .38
SPUC COST $17,207 .50
Const. Contingency (+ 10%) 1 .720 .75
$18,928.25
Admin. Fee (+ 25%) 4 .732.05
$23,660.30
O
SAN. SEVER Y EBSIZING
667 L.F. 10" vs.8" @ $ 2 .00 = + $1 ,334.00
425 L.F. 10" vs. 12"-14" @ $17 .00 = + $7 ,225.00
270 L.F. 10" vs. 14"-16" @ $18.00 = + $4 , 860.00
695 L.F. 8" vs. 10"-12" @ $14 .00 = - $9 ,730.00
22 Ea. 101sz4" Wyes @ $50 .00 = + $1 , 100.00
22 Ea. 8"x4" Wyes @ $30.00 = - $ 660.00
$4 , 129.00
YATERMAIN
3 Ea. 12 GV vs. 6" GV
($740 .00 - $280.00) _ $ 1 ,380.00
920 L.F. 12" DIP vs. 6" DIP
($18 .00 - $10.00) _ $ 7,360.00
290 L.F. 12" DIP (R.J. ) vs. 6" DIP
($30 .00 - $10 .00) _ $ 5,800.00
520 8" DIP vs. 6" DIP
($12 .00 - $10 .00) _ $ 1 ,040.00
2325 Le. @ $.70 _ $ 1 .627 .50
$17 ,207 .50
Const. Contingency + 10% $ 1 .720.75
$18,928.25
Admin. Fee + 25% $ 4 .712.05
SPUC Cost $23,660.30
7�
RESOLUTION NO. 2792
A Resolution Adopting Assessments
for Heritage Place Improvements
Project No. 1987-14
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council of the City of Shakopee met and heard and
passed upon allobjectionsto the proposed assessments of :
Heritage Place by Utilities, Streets, and Appurtenant
Improvements
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1 . That such proposed assessment together with any
amendments thereof, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special
assessment against the lands named herein and each tract therein
included is hereby found to be benefitted by the proposed
improvements in the amount of the assessments levied against it.
2 . Such assessments shall be payable in equal annual
installments extending over a period of ten (10) years, the first
installment to be payable on or before the first Monday in
January , 1988 , and shall bear interest at the rate of
percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added
the interest on the entire assessment from the date of this
resolution until December 31 , 1987 , and to each subsequent
installment when due shall be added the interest for one year on
all unpaid installments.
3. The owner of any property so assessed may , at any time
prior to certification of the assessment to the County Auditor,
pay the whole of the assessment on such property , with interest
accrued to the date of payment, to the City Treasurer, except
that noninterest shall be charged if the entire assessment is
paid within thirty ( 30 ) days from the adoption of this
resolution ; he may thereafter pay to the County Treasurer the
installment and interest in process of collection on the current
tax list, and he may pay the remaining principal balance of the
assessment to the City Treasurer. _
4. The Clerk shall file the assessment rolls pertaining to
this assessment in his office and shall certify annually to the
County Auditor on or before October 10th of each year the total
amount of installments and interest which are to become due in
the following year on the assessment on each parcel of land
included in the assessment roll.
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
7
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MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer 'Aa
--
SUBJECT: Heritage Place Improvements"
DATE: September 3, 1987
INTRODUCTION A BACKGROUND:
An assessment hearing for the subject project is scheduled for
September 8 , 1987. This memo has three attachments which will
facilitate the hearings.
• Compilation of project costs, method of assessments
spreading and assessment rates.
• Assessment role.
• Resolution No. 2792 which adopts the assessments.
The interest rate within the resolution has been left blank to be
filled in at the hearing. Bond sales will be completed on
Tuesday at which time interest rates will then be known.
RECOMMENDATION:
Adopt Resolution No. 2792.
REQUESTED ACTION:
Offer Resolution No. 2792, A Resolution Adopting Assessments for
Heritage Place Improvements, Project No. 1987-14 , and move its
adoption.
KA/pmp
MEM2792
HERITAGE PLACE ASSESSMENTS
Project No. 1987-14
Watermain $ 78,034 .00
San. Sewer $ 66,919.00
Storm Sewer $ 35,012.00
Streets $ 72 132 rO
TOTAL BID PRICE $252,097 .50
WATER SYSTEM $ 78,034.00
Const. Contingency (+ 10%) $ 7.803.40
$ 85,837.40
Admin. Fee (+ 25%) $ 21 .459-35
$107 ,296 .75
Less SPUC Cost $23 660.30
Water Sys. Assessed $ 83,636 .45
Trunk Chgs. Assessed $ r),405,50
$ 89,041 .95
Lots in Phase I Divided by 39 Lots
$2,283.13/Lot
SANITARY SEWER $ 66,919.00
Less Oversizing & Extra Depth - 4, 129.00
$ 62,790.00
Const. Contingency (+ 10%) $ 6.279.00
$ 69,069.00
Admin. Fee (+ 25%) 17.267 .25
Sanitary Sewer Assessed $ 86 ,336.25
Lots in Phase I Divided by 39 Lots
$ 2,213.75/Lot
7ot-
STORM SEWER $ 35,012.00
Const. Contingency (+ 10%) $ 4.901 .20
$ 38 ,513 .20
Admin. Fee (+ 25%) 9.628.10
$ 48 , 141 .50
Lots in Phase I Divided by 39 Lots
$ 1 ,234.40/Lot
STREETS $ 72, 132.50
Const. Contingency (+ 10%) $ 7.214.29
$ 79,345.75
Admin. Fee (+ 25%) 19.816.44
$ 99, 182.19
R.O.W. Acquisition 2.500.00
$101 ,682. 19
Lots in Phase I Divided by 39 Lots
$ 2,607 .24/Lot
CITY COST (OVERSIZING + EXTRA DEPTH) $ 4, 129.00
Const. Contingency (+ 10%) 412.90
$ 4 ,541 .90
Admin. Fee (+ 25%) 1 . 115.48
$ 5,677.38
SPUC COST $17,207.50
Const. Contingency (+ 10%) 1 .720 .75
$18,928.25
Admin. Fee (+ 25%) 4 .712.05
$23,660.30
OVERSIZING
SAN. SEVER
667 L.F. 10" vs.8" @ $ 2.00 + $1 ,334.00
425 L.F. 10" vs. 12"-14" @ $17 .00 = + $7,225.00
270 L.F. 10" vs. 14"-16" @ $18 .00 = + $4 ,860.00
695 L.F. 8" vs. 10"-12" @ $14 .00 = - $9,730.00
22 Ea. 10"x4" Wyes @ $50 .00 = + $1 ,100.00
22 Ea. 8"x4" Wyes @ $30.00 = - $ 660.00
$4 , 129.00
VATERNAIN
3 Ea. 12 GV vs. 6" GV
($740 .00 - $280 .00) _ $ 1 ,380.00 -
920 L.F. 12" DIP vs. 6" DIP
($18 .00 - $10 .00) _ $ 7,360.00
290 L.F. 12" DIP (R.J. ) vs. 6" DIP
($30 .00 - $10 .00) _ $ 5,800.00
520 8" DIP vs. 6" DIP
($12.00 - $10 .00) _ $ 1 ,040.00
2325 Lb. @ $.70 _ $ 1 ,627.50
$17,207 .50
Const. Contingency + 101 $ 1 .720.75
$18,928.25
Admin. Fee + 251 $ 4.732.05
SPUC Cost $23,660.30
RESOLUTION NO. 2792
A Resolution Adopting Assessments
for Heritage Place Improvements
Project No. 1987-14
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council of the City of Shakopee met and heard and
passed upon all objections to the proposed assessments of:
Heritage Place by Utilities, Streets, and Appurtenant
Improvements
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1 . That such proposed assessment together with .any
amendments thereof, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special
assessment against the lands named herein and each tract therein
included is hereby found to be benefitted by the proposed
improvements in the amount of the assessments levied against it.
2 . Such assessments shall be payable in equal annual
installments extending over a period of ten (10) years, the first
installment to be payable on or before the first Monday in
January , 1988 , and shall bear interest at the rate of
percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added
the interest on the entire assessment from the date of this
resolution until December 31 , 1987 , and to each subsequent
installment when due shall be added the interest for one year on
all unpaid installments.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County Auditor,
pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except
that no interest shall be charged if the entire assessment is
paid within thirty ( 30 ) days from the adoption of this
resolution ; he may thereafter pay to the County Treasurer the
installment and interest in process of collection on the current
tax list, and he may pay the remaining principal balance of the
assessment to the City Treasurer.
4 . The Clerk shall file the assessment rolls pertaining to
this assessment in his office and shall certify annually to the
County Auditor on or before October 10th of each year the total
amount of installments and interest which are to become due in
the following year on the assessment on each parcel of land
included in the assessment roll.
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
7�
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After due consideration of the bids, Councilmember
introduced the following resolution and moved
its adoption:
RESOLUTION NO. 2795
RESOLUTION AWARDING THE SALE OF $2,660,000
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1987A;
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 $2,660,000 General Obli-
gation Tax Increment Bonds, Series 1987A (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 $2,620,100, 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 1987A, in
the total principal amount of $2,660,000. The Bonds shall
be dated October 1, 1987, shall be fully registered without
interest coupons and shall be numbered R-1 et sec . , 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, 1988, 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
1988 $310,000 i
1989 250,000
1990 325,000
1991 325,000
1992 325,000
1993 350,000
1994 375,000
1995 400,000
All Bonds maturing after February 1, 1994, are subject to
redemption in whole or inpartat the option of the City on
said date and on any interest payment date thereafter in
inverse order of maturities 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 authenticate and deliver to each
registered owner of a Bond partially redeemed thereby a new
Bond in the remaining principal amount not so redeemed.
3. Both principal of and interest on the Bonds shall
be payable by , in the City of
, Minnesota, 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 -
CL_
No. R-_ S
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF SHAKOPEE
GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1987A
RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP
October 1, 1987
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, 1988 (the "Interest Payment
Dates") . Both principal of and interest on this Bond are
payable by I 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. The Bond
Registrar will pay the interest due on this Bond on each
Interest Payment Date by mailing to the Registered Owner 's
address a check or draft made payable to the Registered
Owner, as such name and address of the Registered -Owner
appear on the registration books of the City maintained for
the Bonds by the Bond Registrar (the "Bond Register" ) at the
end of the 15th day of the month 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, 1994,
are subject to redemption in whole or in part at the option
of the City in inverse order of maturities on said date and
on any Interest Payment Date thereafter at a price of par
plus accrued interest 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 Owner 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.
This Bond is one of an issue of fully registered Bonds
without interest coupons in the total principal amount of
$2,660,000, 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 469.174 to
469 .179, 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-
ment hereof pursuant to a resolution adopted by the gov-
erning body of the City (the "City Council" ) on September 8,
1987, authorizing the issuance of the Bonds, and pursuant to
a certain Tax Increment- Pledge Agreement respecting the
Bonds, dated as of October 1, 1987, 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.
6 -
q �
This Bond has been designated by the City as a "quali-
fied tax-exempt obligation" pursuant to Section 265(b) (3) of
the Internal Revenue Code of 1986.
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 October 1, 1987.
(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
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 here y irrevocably
constitutes and appoints I
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) :
- 8 -
EAECEIV-
LAW OMCES
KRASS & MONROE JUN 6 08y
CHARTERED
r'Cd7Y OF
Phillip R. Krass
Dennis L.Monroe Marschall Road Basi.Center
Barry K. Meyer 327 Marsclmll Road
Trevor R. Walsten P.O. Box 216
Elizabeth B. McLaughlin Shakopee.Minnesota 55379
Susan L. Estill
Diane M.Carlson Telephone 4455080
Lyndon A. Nelson
June 26, 1987
Kent A.Carlson.CPA
Ms. Dorothy TenEyck
502 East Fourth Avenue
Shakopee, MN 55379
Re: Zoning Ordinances
Our File No. 8-1373-11
Dear Ms. TenEyck:
I an writing regarding compliance with the City of Shakopee's Zoning
Ordinances regarding the cars on your property. The City Council has discussed
the situation at one of their recent meetings, and it has been brought to the
attention of Shakopee Code Enforcement Officer, Howard C. Jones, that the
property is currently not in compliance with the City Ordinances. I know that I
have spoken with you regarding this matter in the past, and hope that we can
cooperate to bring the property into compliance swiftly.
Under the City Ordinances, you are allowed one vehicle per licensed
driver residing on the premises. Under your variance, you are allowed two extra
vehicles. (However, one of these extra vehicles may not be the race car.)
Therefore, you are allowed five vehicles on your property, however, as for the
race car, you have three options: (1) you may store the vehicle on your
property in an enclosed garage; (2) you may attempt to get a variance for this
vehicle; or (3) you may sell the vehicle or store it on another property.
Also, Howard Jones has indicated to me that the last time he checked
the property, there was an inoperable white Pinto parked there. Under the City
Ordinances, all vehicles must be licensed, insured and operable. Therefore, it
will be necessary for you to either bring this vehicle into compliance as an
operable vehicle, store the vehicle in an enclosed area, sell or move it to
another storage location.
If you have any questions about this matter, please direct them either
to myself or to Mr. Jones. Please bring the property up to compliance within
two weeks, or Mr. Jones will be forced to issue citations for the violations.
Thank you for your cooperation.
Very truly yours,
KRASS 6 MONROE CHARTERED
- Assistant Shakopee City Attorneys
SLE:mlw Susan L. Estill
cc: Mr. Howard Jones
Chief Tom Brownell
Mayor Eldon Reinke
Mr. Dennis Kraft
Mr. Doug Wise
Ui�'r. laiggin _ .:,,u 1J '. 'ik. item ?f or: storm srw..,- _:..ecsment. deleted from th•
er_enda as the --. -. .^n on it is not needed at. this _ .. -.
Loroux/Ytampach :ov,d to table the application for on-;ale 3.2 beer license by the
Sub-lhchinn She] Lic. , 7350 Gast First Ave. Motion carried unanimously.
Discussion wa^ bald with Mrs. 'T rEyck regarding her request or action by the r
She explained her family has received a
Council n:garding off strrct parking.
swmmous for violation of ttx! off-si,rsct parkiry; ordinance by parking more than 3
vehielon on their pro?.a'ty.. I;he furth:r , xplainod what ::h, Cel 1. wn:: their prop.rl
and fami.ly'S unigm. :situation.
Cnel. 1,�roux explained that 11' 1,1he TenEykr. were asking for variance from the
ordinance, they would have to bring that ruquo::t to the Board of Adjustments and
Appeals. Further discussion was held regarding the legal action pending as a
result of this alloged violation.
The City Attorney sated his office has not received any information on this alle
violation. He explained the legal process. Further discussion ensued.
LerOUx%Lebo.ns moved to direct the Shakopee Police Dept. to re-call the citation
for violation of off-street parking against Charles A. and Dorothy TunEyck until
such time as there is a decision from the Board of Adjustments and Appeals re-
garding their request for a variance.
Rirther discussion ensued with Mr. TenEyck and his son regarding location of the
property and the racing his son does, resulting in several additional vehicles.
Piotion carried unanimously.
1� u::j Vierl legs nbvcd to accept, with regrets, the resignation of Linda J.
'dillemssen, and to authorize tile filling of the Senior Accounting Clerk position.
Motion cai_ied u-iani.mously.
Leroux/Vierling moved to set a joint meeting with the City Council and the Ad Hoc
Cable Communications Commit.tce, without the cable attorney, for 7:00 P.M. on
August 10, 1982. Motion carried unanimously.
"ihe Admin. Ass't informed Council tat the cable company contacted her about the
possibility of the City allowing the cable company to erect its ownpoleson CR16
and CH17• The cable company informed hc:r that the poles in this area belong to
RRA and they are charging their company $7.50 Per Pole for renal, whereas the got
rate is $3.50 per pole. The cable company also asked if the City Council could
encourage REA to be more reasonable. The Admin. Asst explained she could find
nothing in the ordinances that would prohibit the company from putting up addi-
tional poles, because utilities are exempt.
Discussion followed with the consensus being there was no desire for additional
poles, and language should be inserted in the franchise ordinance to preclude th:.
cable company from erecting its own Poles-
Leroux/Lebens moved to informs the cable company and put into the Cable Franchise
Ordinance a stipulation that they must use the existing above-ground poles, or
put vie cable underground. Motion carried unanimously.
P. ^lain-teed'F
ShakopeeBOAA . .
September 9, 1982
Page 4
Rockne/Stoltzman moved to close the public hearing. Motion carried unanimously.
Koehnen/Rockne offered Variance Resolution No. 317, variance to exceed by four,
the allowable number of vehicles per dwelling unit for off-street parking, thereby
allowing for seven cars to be parked off-street, with the reason for the variance
being the unusually large lot size andunavailahility of on-street parking which
causes a hardship, and moved its adoption with the following condition: that one
vehicle be sold, within three months, thereby reducing the total number of vehicles
on the property to seven.
Chrm. Schmitt passed the gavel to Vice-Chrm. Perusich.
Schmitt/Stoltzman moved to amend the motion to provide for a variance to be based
on one vehicle per licensed member of the family in the dwelling, and two accessory
vehicles. Therefore, as licensed members of the family leave the dwelling, the
variance will be automatically reduced in accordance with the requirements. Motion
to amend carried unanimously.
Main motion as amended carried unanimously.
Vice-Chrm. Perusich stated there is a 7 day appeal period when this action can be
requested to be appealed to the City Council.
Chrm. Schmitt took ba
PUBLIC HEARING - GREENWOOD VARIANCE REQUEST (PC 82-33V)
Stoltzman/Rockne moved to open the public hearing regarding the variance request
from lot area, depth and width requirements for property located at Lot 3, Block 3,
Killarney Hills in an R-1 Zone (1485 Tyrone Drive). Motion carried unanimously.
The City Planner explained the applicant is Eldon Greenwood, who is requesting the
variances in order to move a house onto the vacant lot at 1485 Tyrone Drive. He
stated Killarney Hills was platted prior to annexation into Shakopee, so the current
lot requirements were not incorporated into the plat. He stated that because the
lot is a lot of record, it should be buildable as long as no health or safety prob-
lems result. Therefore, staff is recommending the variances be granted.
Chrm. Schmitt asked if there were any comments from the audience, and there were
none.
RockneAoehnen -moved to close the public hearing. Motion carried unanimously.
RockneAoehnen offered Variance Resolution No. 316, granting an approximate 1.14
acre lot size variance, an approximate 18.08 foot lot width variance, and an ap-
proximate 37.33 foot lot depth variance from provisions of Shakopee City Code,
Section 11.03, Sutd. 3, on the basis that the lot is a lot of record prior to cur-
rent zoning ordinances and prior to anrexation to Shakopee, and a hardship is created
without a variance. Motion carried unanimously.
DISCUSSION - FIRST PRESBYTERIAN CHURCH HEIGHT CONSIDERATION
The City Planner stated the church was originally planned to include a bell tower,
but construction of it was delayed for financial reasons. The church is now pre-
pared to build the bell tower, which is planned to be 51.7 feet high. He stated he
Shakopee BORA
September 9, 1982
Page 3
Chrm. Schmitt added the intent of the review would be a possible alternative of one-
way traffic with its entrance on Dakota Street and exit on First Avenue. The in-
tent would not be to change the applicant's major investment of the drive-thru.
Motion carried unanimously.
PUBLIC HEARING - TENEYCYVARIANCE REQUEST (PC 82-34V)
RockneAmhnen moved to open the public hearing regarding the variance request to
exceed the allowable number of vehicles per dwelling unit for off-street parking.
Motion carried unanimously.
The City Planner stated the applicants are Charles and Dorothy TenEyck, who are
requesting a variance to park eight vehicles on the property located at 502 East
4th Avenue. The City Planner stated the TenRyck family has four licensed drivers,
and will soon have flvu, and therefore they have a need for more than the average
number of vehicles. He stated one of the vehicles will be sold, therefore a vari-
ance of four vehicles is requested. He stated staff recommends that one of the
vehicles be placed in the garage, and therefore recommends approval of a variance
of three vehicles (a total of six parked outside) be granted because this does
constitute a- hardship.
John Manahan, Attorney, stated he has assisted the TenEycks in assembling the
material which was previously presented to the City Council relative to this re-
quest. He stated the family agrees with the City Planner's comments. He added
the property in question is unique in so far as it is a very large parcel, it has
been in the TenEyck family since 1910 with no substantial change in use. He said
even though the property is large, there is a very small amount of on-street park-
ing. He explained that the garage was originally constructed as a tool shed and
has a 12 x 20 tool cabinet, and a vehicle could not be parked in it while continu-
ing its use. Therefore, the family would go along with the recommendation except
that there would be a total of 7 cars, which would be a variance of 4 vehicles.
The City Planner asked if all the currently licensed members of the family live at
home, and he was answered that they do. He then inquired about the status of the
stock cars. Calvin TenEyck responded that he had two stock cars which would be
towed away in the next two weeks, and he would be replacing them with one stock car.
Discussion followed.
Chrm. Schmitt asked if anyone from the audience wished to comment on this item.
Gene Brown, 927 South Lewis, asked how long the variance would exist. His concern
was if Fifth Street was continued to the east, it would be a bad idea to have a
lot with that many cars sitting on it.
Chrm. Schmitt stated the variance only applies to the applicant, it would not go
with the property. He stated that if the street goes through, there should be ample
on-street parking. He added an adjustment could be made to the variance if the
street went through. He suggested the variance could be worded so that the applicant
is allowed one vehicle per licensed member of the family, with 2 accessory vehicles
and then whenever anyone in the family left, it would automatically adjust.
Mrs. TenEyck stated that most of the vehicles are naturally screened, even if the
street goes through. Mr. Manahan suggested a condition could be put into the vazi-
ance that if Fifth Street is continued, screening of the vehicles would be required.
VARIANCE RESOLUTION NO. 317
WHEREAS, Charles 8 Dorothy Ten Eyck having
first filed an application for an appeal to the mrd o A juxttmi. a an Appeals
dated August 26, 1982 for a variance from the strict application
of the provision- the Shakopee Zoning Ordinance, to wit:
to exceed the allowable number of vehicles per dwelling unit for off-
street parking, per Section 11.26, Subd. 4A
and
WHEREAS, the property upon which the request is being made is described
as follows: 502 E. 4th Ave. , Sa Sec. 6-115-22 (lying E. of the southerly
extension oT rillmore St., . o. and along the eas er y extension
Ave.; So. of 4th Ave.; N. of the northerly extension of Main St.
and upon and Solof the abandoned unicago, Milwaukee
Railway right-of-way ; and
WHEREAS, said proposed variance is for property presently zoned as
R-2 (Urban Res_dential) ; and
WHEREAS, upon hearing the advice and recommendation of the City Planner
and upon considering the suggestions and objections raised by the affected property
owners within a radius of 350 feet thereof in a public hearing duly held thereon;
NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE BOARD OF
ADJUSTMENTS AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA that the
aforementioned variance be and is hereby: Approved on the basis of an
ext_- orl)rzry large lot and minimal street frontage, therefore,wu _.:¢ed
exceed the Code of three off-street, d parked vehicles by
four vehicles, allowing for seven vehicles to be parked off-street and
uncovered, pursuant to:
1. Number of vehicles shall not exceed one vehicle per licensed
driver plus two accessory vehicles
2. One vehicle shall be sold within three months
Adopted in Reet'_ar session of the Shakopee Board o:
Adjustments and Appeals held this 9th day of Fap;=Ys=:' 1962
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SUPPLEMENTARY INFORMATION
T0: PLANNING & ZONING COMMISSION
FROM: Charles and Dorothy TenEyck
RE: Application for Variance
Pursuant to the applicant's request to the City Council
(a copy of which is attached to this application) , Mrs. TenEyck
appeared before the City Council on Tuesday,July ,40j1982. While
the City Council appeared to be sympathetic to the applicant' s
request, the City Council didnot feel it was appropriate under
the circumstances to change the ordinance; instead, they felt
that this matter could more appropriately be settled by the
Planning Commission.
At the present time, Mr. & Mrs. Ten Eyck own the following
vehicles, all of which are operable, and all of which are licensed:
1 . A green Chevrolet - Susan TenEyck
2. A red Volare -Stationwagon - Dorothy TenEyck
3. A green Pontiac Catalina - Mr. & Mrs. TenEyck are trying to sell
9. A black Ford - Charles TenEyck
5. A white Ford Pinto - Calvin TenEyck
6. A blue Chevrolet - Calvin TenEyck (driven during the winter) .
7. Cub, trailer and race car - used by one of Mr. & Mrs. Ten
Eyck' s sons for racing purposes.
8. Green car - miscellaneous use by the family.
Susan TenEyck's green Chevrolet is normally parked in front of
the home. With that single exception, all of the remaining vehicles
can be located on the property in such a manner that they are not
easily seen from the street nor by the neighbors.
Mr. & Mrs. TenEyck are requesting that they be allowed to re-
tain these vehicles, especially in light- of the fact that they have
four licensed drivers in the family (there will be five licensed
drivers in April, 1983) and further because of the size of their
residential property. Do not now, nor do they have any intention in
the future, to operate a "Used Car Lot" . Vehicles listed above are
used regularly by Mr. & Mrs. TenEyck or their family.
3. That until we have had an adequate opportunity to
be heard by the-Council, and for the Council and staff to investigate
the advisability of granting our requests, that all pending
litigation be suspended, thereby saving us ab¢ the City the
additional costs expected in connection with legal proceedings.
Dated: July 19 , 1982
Charles A. Ten Eyck Dorothy Ten Eyck
3. All of the cars located on the premises are operable,
and registered.
4 . Our problem is compounded by the fact that the larger
parcel is separated from the smaller parcel by the railroad right of
way which, in affect, keeps us from having direct access to Fourth
Street and therefore, makes it virtually impossible for us to park
any vehicles on a public street. In addition, because of the fact
that Fourth Street is a very busy thoroughfare and because our
residence is located so far from Fourth Street
any vehicle parked
on Fourth Street would be in danger of being vandalized.
5. Our property is located in such a manner that it is
naturally screened by trees, bushes and distance from the nearby
residents, and is not as subject to being an eyesore as you would
normally expect in a residential neighborhood. In addition, none
of our neighbors have complained about the vehicles being parked
on our property.
6. We believe that our property is virtually unique
within the residential neighborhoods of the City by reason of:
a. Not changed in size or use for approximately
sixty three years.
b. Is a much larger parcel Of property than you
would normally find in a residential area.
C. It is still used for agricultural purposes.
d. It has no on-street parking, and is located
a greater than normal distance from a public
thoroughfare. (the smaller parcel of property
is and always has been vacant) .
REQUEST TO THE COUNCIL
1. We are requesting that because of our unique
circumstances, that the Council amend the applicable Ordinance in
such a fashion so as to take into consideration our unique cir-
cumstances.
2. In the alternative, to grant to us, a variance from
the provisions of this Ordinance that we may be allowed to retain
on the premises the vehicles which are now located there.
Our property is located at 502 East Fourth Avenue,
and consists of two parcels of land as indicated on the attached
map. The larger parcel was originally acquired by Charles A.
Ten Eyck's father, George Ten Eyck, from the State of Minnesota,
November 10 , 1919 and the smaller parcel was also acquired by
George Ten Eyck from the State of Minnesota on April 17, 1941.
George Ten Eyck died on April 8, 1956, and since that time the
property has been occupied or owned by Charles Ten Eyck.
That entire period of time, the parcels have not changed
in size, they have not been subdivided, nor has the use of the
property materially changed.
At the present time our residence is located on the
larger parcel, together with an orchard, vegetable and fruit gardens,
approximately one acre which is a hay field.
In recent years, we have sold the hay harvested from the
hay field, together with grapes, apples, raspberries, cantalope,
and watermelons.
At the request of the City, on May 6, 1939, conveyed the
West 18 feet of the larger parcel to the City of Shakopee, subject
to the condition that said 18 feet be used by the City "for a
public street or any other proper use as said second party (city)
may designate, if used as street, drive or alley, the same must
be surfaced with Tarvia or similar dressing; the condition herein
named is part of the consideration for this deed." At the present
time there is a gravelled "alley" located on that portion of the
premises. (a copy of the deed is attached) .
The larger parcel of property consists of approximately
2.60 acres; the smaller parcel consists of approximately .60 acres.
DESCRIPTION OF THE PROBLEM
1. We are being asked to limit the number of cars
which are parked on our property to three, despite the fact that
we have four licensed drivers living in our residence, and will have
five licensed drivers as of April, 1983. All of these individuals
are members of our immediate family.
2. In addition, one of our sons races cars, which
involves owning a pick-up and trailer for purposes of transporting
the race car, all of which :are also located on the property.
REQUEST TO BE PLACED ON AGENDA �✓
Shakopee City Council Meeting
July 20, 1982
TO: Mayor and members of the City Council
FROM: Charles A. and Dorothy Ten Eyck
PURPOSE: 1. Request that the Council consider amending Section
11.26 , Subd. 4 (A) of the Shakopee City Code regarding
the limitation of three off street parking spaces
per dwelling unit, as that Ordinance affects property
owned by Mr. and Mrs. Ten Eyck.
2. Request that pending legal action against Mr. and
Mrs. Ten Eyck be suspended until the Council and
staff have had an opportunity to inquire into and
to make a decision regarding the above request to
amend Code.
3. In the alternative, a request to grant Mr. ands Mrs.
Ten Eyck a variance from the requirements of Section
11.26, Subd. 4 (A) .
BACKGROUND INFORMATION
On or about June 22 , 1982 , we received a "Warning" from
the Shakopee Police Department indicating that we were in violation
of 11.26 , Subd. 4 (A) by reason of the fact that we had more than
three vehicles parked on our property.
When the situation was not adequately corrected, in
July, 1982, we received a "Summons" indicating that we were to
appear in Court on July 26, 1982 for purposes of entering a plea,
charged that we were in violation of the above Ordinance.
On Tuesday, July 13, 1982, we met with the City
Administrator and with the Shakopee Police Chief for purposes of
seeking their advice and also for attempting to work out a
compromise which would take into consideration our peculiar
circumstances. At that time, it was their advice that if we were
requesting that we be excepted from the requirements of the above
Ordinance, that we direct such a request directly to the Council.
Shakopee Planning -omission September 9, 1982
TenEyck Variance Page -2-
Staff Recommendation:
Staff is of the opinion that a hardship does exist due to the number
of licensed drivers in the family; Staff recommends a variance
of three vehicles (a total of six parked outside) be granted with
the following conditions : _
1, One vehicle be parked in the garage.
2. One vehicle be sold, within three months, thereby reducing the
total number of vehicles on the property to seven.
Action Requested:
Offer Variance Resolution No. 317, variance to exceed by three, the
allowable number of vehicles per dwelling unit for off-street
parking, thereby allowing for six cars to be parked off-street ,
and move for itsadoption subject to conditions.
DS/jvm
Attachment
Board of Adjustment and Appeals Action :
Adopted Variance Resolution No. 317, granting a variance to exceed
the code providing for three off-street uncovered vehicles by four,
thereby allowing for a total of seven off-street uncovered vehicles,
based on the fact that applicant has an extraordinary large lot
and minimum of street frontage, subject to the following conditions
1. Number of vehicles shall not exceed one vehicle per licensed
driver plus two accessory vehicles.
2. One vehicle shall be sold within three months.
aa_
940n-s
DATE: September 9, 1982 / r
CASE: PC 82-34V
ITEM: Variance
APPLICANT: Charles and Dorothy TenEyck
LOCATION: 502 East 4th Avenue
ZONING: R-2 Urban Residential
LAND USE: Single Family Residence
APPLICABLE REGULATIONS: Section 11. 04, Subd. 5; Section 11.26,
Subd. 4A
FINDINGS REQUIRED: Section 11. 04, Subd. 5A
PUBLIC HEARING
CASE HEARD BY BOARD OF ADJUSTMENTS
AND APPEALS
APPEAL TO CITY COUNCIL
Proposal:
The applicants are requesting a variance from the Zoning Ordinance
provision which limits the number of open off-street parking
spaces to three per dwelling unit. The applicant would like
to park eight vehicles on the property.
Considerations :
1. After approaching the City Council on the matter, the applicants
were referred to the Board of Adjustments and Appeals. The
attachments written by the applicants, explain their situation
and documents the eight vehicles being kept on the property.
2. Because the TenEyck family currently has four licensed
drivers and will soon have five, the applicants feel they
have a special need for more than the average number of
vehicles.
3. When reviewing the list of vehicles, it appears that Vehicle
No. 3 will be sold, thereby reducing the total number to
seven. By placing one of the remaining vehicles in theexistinggarage, only six would remain outdoors (three more than permitted) .
4. The property is large in size and well separated from
adjoining properties. The vehicles can be parked on the
property in such a manner that they . are not easily seen from
the street or by the neighbors. No complaints from neighbors
have been received.
5. The construction of a 3-stall garage would obviously eliminate
the need for the variance. The Planning Commission would need
to determine if this economic solution is justifiable.
9h
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Review of Variance Granted to Charles & Dorothy TenEyck
DATE: September 4, 1987
Introduction
On August 26, 1982 the Board of Adjustment and Appeals granted
a variance to Charles and Dorothy TenEyck to allow one vehicle
per licensed driver plus two accessory vehicles to be parked,
uncovered on the property located at 502 E. 4th Avenue. At the
September 1, 1987 meeting, Calvin TenEyck requested the City
Council make a determination as to whether "accessory vehicle"
includes a race car.
Background
The following information from the file is provided for background
on this issue:
1. Copy of Variance Resolution No. 317 .
2. Copy of Board of Adjustment and. Appeals minutes from
September 9, 1982.
3. Information supplied to the City at the time by the TenEycks.
4. July 20, 1982 City Council minutes.
5. Letter dated June 26, 1987 from Assistant City Attorney' s office.
Alternatives
1. The City Council can make a finding that the term "accessory
vehicle" used in the variance does include a race car and
direct the Assistant City Attorney's office not to pursue
further prosecution of this case.
2. The City Council can make a finding that the term "accessory
vehicle" used in the variance does not include a race car.
Action Requested
Offer and pass a motion making a finding as outlined in either
alternative 1 or 2 above.
DKW/jms
This Agreement shall be governed by the laws of the State of Minnesota.
Signed this _ day of September, 1987, at Shakopee, Minnesota.
CITY OF SHAKOPEE
ATTEST: By:
Eldon Reinke, Mayor
By:
Judith S. Cox, City Clark John K. Anderson, City Administrator
MINNESOTA VALLEY RESTORATION PROJECT, INC.
By:
Its
By:
Its
-3-
30-day written notice of its intention to terminate this Agreement.
3. That during the period covered by this Agreement, MVRP shall
continue to manage Murphy's Landing in the manner it has been managed during the
time period immediately proceeding the execution of this Agreement. MVRP shall
make no major changes in operation of Murphy's Landing nor commit the enterprise
to significant capital or other contractual obligations without first receiving
the written authorization of the City.
4. MVRP shall report to the City Administrator of the City of
Shakopee on at least a monthly basis relative to the on-going operation of
Murphy's Landing.
5. MVRP shall obtain liability insurance as well as comprehensive
insurance on the structures and contents at Murphy's Landing, naming both the
City and MVRP as insureds under the terms of such policies. The policies shall
be in the amounts and forms as approved by the City. Such policies will require
a minimum 10-day written notice of cancellation or termination given to both
MVRP and the City.
6. The City shall be notified of all meetings with the Board of
Directors of MVRP, and the City shall be authorized to have an observer present
at any such meetings. The City shall be supplied copies of minutes, notes and
resolutions respecting such Board of Directors meetings and the actions
undertaken at such meetings.
Both parties hereto agree to enter into and execute any further
documents or agreements necessary or convenient to effectuate the terms and
conditions of this Agreement.
-2-
AGREEMENT FOR TEMPORARY MANAGEMENT SERVICES
WHEREAS, the City of Shakopee, a body politic and corporate organized
under the laws of the State of Minnesota, owns and controls certain property
located within the City of Shakopee, legally described on Exhibit A, which is
attached hereto and incorporated herein by reference, and which is known as
"Murphy's Landing;" and
WHEREAS, the City of Shakopee desires to enter into an agreement for
the management of Murphy's Landing during a time period in which the City of
Shakopee will be issuing requests for proposals to entities interested in
long-term management of Murphy's Landing; and
WHEREAS, the Minnesota Valley Restoration Project, Inc. is a
corporation organized under the laws of State of Minnesota with its principal
offices in Shakopee, Minnesota, and which has been managing Murphy's Landing for
several years; and
WHEREAS, Minnesota Valley Restoration Project, Inc. desires to
undertake the continued management of Murphy's Landing during this interim
period; and
WHEREAS, both parties hereto desire to enter into this Agreement
setting forth terms and conditions of the temporary management of Murphy's
Landing by Minnesota Valley Restoration Project, Inc. ;
NOW, THEREFORE, IT IS AGREED by and between the parties as follows;
1. That as and from the date of this Agreement the City of Shakopee
(hereinafter "City") hereby contracts with Minnesota Valley Restoration Project,
Inc. (hereinafter "MVRP") for the management of Murphy's Landing.
2. That this Agreement will continue until either party gives a
-1-
4 � U
LAW OFFlCES
KRASS & MONROE
RECEIVED
cKARTERED
SEPO 41987
Phillip R. K. Marschall Road Business Center
Denny Monro
Bang K..Meyer *WPEB
.
Trevor R.Wakten
Elizabeth B.McLaughlin Shakopee,Mimiesom 55379
Susan L.Estill - Telephone 4455080
Diane M.Carison
Lyndon P.tiebon -
Kent A.Cadson,CPA September 3, 1987
Mr. John Anderson
City Administrator
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
Re: Murphy's Landing
Our File Mo. 1-1373-201
Dear John:
Please review the enclosed Agreement for Temporary Management
Services and let me know if you think this is goin do the trick.
Very tr y yo s,
ERAS OR CHARTERED
ilip R. grass
PRR:mlw
Enclosure
Action Recommended:
Authorize the proper city officials to enter into an agreement
for temporary management services with Minnesota Valley Restoragion
Project, Inc. for the temporary management of Murphy' s Landing.
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk `\
RE: Resolution No. 2797, Setting a Public Hearing on the
Revocation/Suspension of Pullman Club Liquor Licenses
DATE: September 4, 1987
Introduction and Background
On September 1st Council adopted a resolution setting a hearing
date for consideration of the revocation or suspension of the
liquor licenses of The Pullman Club. The date that an administra-
tive law judge will be available for the hearing has changed. The
City Attorney has prepared the attached resolution changing the
public hearing dated from October 15th to October 12.
Action Requested
Offer Resolution No. 2797, A Resolution Repealing Resolution No.
2789 and Setting a Time and Place for a Public Hearing Pursuant
to Law on Whether the Liquor License of The Pullman Club, Inc.
should be Revoked or Suspended and Whether its Surety Bonds
should be Forfeited, and move its adoption.
JSC/jms
THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL That a hearing be held
in the Council chambers of the City of Shakopee pursuant to law at 9:30 o'clock in
the forenoon on the 12th day of October, 1987 to determine whether the liquor licenses
of THE PULLMAN CLUB, INC. should be suspended and if so, for how long; or in the
alternative, whether the said licenses should be revoked and whether the bonds shall
be forfeited to the City;
BE IT FURTHER RESOLVED That notice of said hearing shall be forthwith served
upon THE PULLMAN CLUB, INC, by service of a formal notice together with a copy hereof
on its President Daniel Colich personally; and a further notice shall be served upon
Daniel Colich as an individual at the same time by personal service;
BE IT FURTHER RESOLVED That Resolution 112789 passed by the Shakopee City Council
on September 1, 1987 is hereby repealed;
BE IT FURTHER RESOLVED That all things necessary and prover to be done to carry
out the intent and purposes hereof are hereby authorized and directed to be done.
Passed in session of the Shakopee City Council of the City of
Shakopee, Minnesota this day of 1987.
Mayor of the City of ShakopeeI
ATTEST:
City Clerk
Prepaired and approved as toform
this 3rd dap of September; 1987.
City Attorney
RESOLUTION # 2797
A Resolution Repealing Resolution #2789 and Setting a Time and Place For a Public
Hearing Pursuant to Law on Whether the Liquor License of THE PULL`AN CLUB, INC.
Should be Revoked or Suspended and 'Whether Its Surety Bonds Should be Forfeited
WHEREAS, At all times relevant hereto, THE PULLMAN CLUB, INC. Held the
following liquor licenses issued by the City of Shakopee for one year beginning
July 1, 1987:
Off-sale liquor license
On-sale Liquor license
Sunday liquor license; and
WHEREAS, Daniel Collich is the President of THE. PULL*AN CLUB, INC. and is
in active control and management of the place of business of said licensee; and
WHEREAS, On June 11, 1987 the said Daniel Collich plead guilty in District
Court of The First Judicial District to the following violations of the State
Liquor Law:
1. Violation of Minnesota Statute . 609.676 Subd 1(1) - maintaining or operating
a gambling place, a gross misdemeanor
2. Violation of _dinnesota Statute 609.76 Subd 1(4) - collecting the proceeds
of anv gambling device, a gross misdemeanor
3. Violation of Minnesota Statute 609.755 (4) - allowing premises to be used
for gambling, a misdemeanor; and
WHEREAS, Minnesota Statute 340.A415 requires the Council to either susoend for
up to 60 days or revoke the licenses or impose a civil fine not to exceed $2,000
for each violation, but that no suspension or revocation shall take effect until the
licensee has, been afforded an opportunity for a hearing pursuant to the Administrative
Procedures Act; and
WHEREAS, Each surety bond filed herein pursuant to law provides that, in the
event of any violation of law relating, to the sale of intoxicating liquor, each such
bond shall be forfeited to the municipality issuing, the license and two bonds are
on file. ,
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Mr. Jack Borman Gbh
September 4, 1987
Page 2
Table 2: Revised Estimated Average Annual Debt Service
Tax Levy and Mill Rate
Site Gorman Gorman Block 50 Block 50
Issue Term 10 15 10 15
Schedule A A-1 B B-1
Average Annual Levy $178,742 $140,763 $199,417 $158,613
Mill Rate Change 2.25 1.77 2.51 2.00
Year of Last Levy 1996 2001 1996 2001
We apologize for the inconvenience. Please feel free to contact us if we can
be of any further assistance.
Respectfully,
David N. MacGillivray
Project Manager
dah
Enclosures
SPRINGSTED :'COEFJRi.'�J
85 Eat R,- 5
-
E 22330C'
September 4, 1987
Mr. John Anderson, Administrator
Shakopee City Hall
129 East First Avenue
Shakopee, MN 55379
Mr. Jack Borman
Borman and Associates
206 First Street North
Minneapolis, MN 55401
RE: Revised Estimates of Municipal Building Debt Service and Tax Impact
Data
Enclosed are revised estimates of municipal building debt service and tax
impact data. These schedules reflect the correct discount amounts. Tables I
and 2, below, reflect these changes.
Table I: Revised Alternative Project Budgets
Gorman Site Block 50 Site
10-Year 15-Year 10-Year 15-Year
Land $ 350,000 $ 350,000 $ 500,000 $ 500,000
Construction 1 ,345,000 1 ,345,000 1 ,345,000 1 ,345,000
Equipment 120,000 120,000 120,000 120,000
Contingency 100,000 100,000 100,000 100,000
Consultant Fees 126,000 126,000 126,000 126,000
Legal 20,000 20,000 20,000 20,000
Bond Issuance 20,000 20,000 20,000 20,000
Total $2,081 ,000 $2,081 ,000 $2,231 ,000 $2,231 ,000
Less: Cash (850,000) (850,000) (850,000) (850,000)
Plus: Discount 15,500 18,675 17,375 21 ,000
Less: Est. Invest.
Earnings (6,500) (4.675) (8,375) (2,000)
Net Issue $1 ,240,000 $1 ,245,000 $1 ,390,000 $1 ,400,000
MEMO TO: John K. Anderson, City nistrator l�` u
FROM: Judith S. Cox, City Clerk
RE: Res. No. 2782 - Calling for a Special Election
DATE: September 4, 1987 -
INTRODUCTION & BACKGROUND:
An error was made in the computation of the funds needed for
a new City Hall. Revised computer runs projecting the annual
debt service for financing a new City Hall are attached. It is
necessary to amend the resolution calling for a special election
reducing the bond amount from $1,630,000 to $1,400,000.
It is also necessary to determine when Council wishes to
meet and canvass the ballots after the election.
ACTION REQUESTED:
1. ) Reconsider Resolution No. 2782, A Resolution
Determining the Need For The Issuance of General
Obligation Bonds and Calling A Special Election
Thereon.
2. ) Amend Resolution No. 2782 by reducing the amount of
bonds from $1,630,000 to $1,400,000.
3. ) Set November 4th at 7:00 P.M. to canvass the ballots.
4. ) Adopt Resolution No. 2782, as amended.
4
Quotation for 1-.5" Storz to 2-5" Storz Multiple Hose Line Assy.
Minnesota Conway Fire & Safety
1-5" Storz hose assy. Total $1,673.00
Darley Fire Equipment Company
1-5" Storz hose assy. Total $1,968.00
RECOMMENDATION:
Purchase from Minnesota Conway Fire & Safety
10 - 100 £t. lengths 5" hose @ $ 7,500.00
7 - 50 £t. lengths 2 1/2" hose @ $ 1,176.00
11 - 50 ft. lengths 1 3/4" hose @ $ 1,622.50
1 - 5 " Storz Hose assy. @ $ 1,673.00
Total of $11,971 .50
1987 Capital Equipment Hose Budget is $12, 000. 00
qc
MEMO TO: John K. Anderson, City Administrator
FROM: Joseph P. Ries, Fire Chief
RE: Capital Equipment - 1 3/4, 2 1/2, 5" Hose
DATE: September 2, 1987 .
INTRODUCTION:
Price quotes were obtained for 550 ft. of 1 3/4" hose, 350
ft. of 2 1/2" hose and 1000 ft. of 5" hose.
The hose is 100% synthetic construction, the lining and
cover consist of a synthetic nitrile rubber compound with a
center layer of high tensile polyester fiber. This synthetic
rubber cover hose is immune to mildew and needs no drying, and
can be put back on the truck at the scene of the fire which will
eliminate in the future the need for stocking double quantities
of hose. The hose is heat, cold and chemical resistant. The
synthetic hose comes with a 10 year warranty.
BACKGROUND:
The 1 3/4" hose is used as attack line hose and can flow up
to 250 gallons of water per minute thru it for greater fire knock
down power. The 2 1/2" hose can be used either as an attack line
or supply line and is capable of delivering 300 to 500 gallons
per minute. The 5" hose can be used as a supply line, relay line
or pump line, and depending on which mode used, can deliver over
2000 gallons of water per minute.
Quotations Received for 10 - 100 ft. Lengths 5" Hose:
Minnesota Conway Fire & Safety (Minn Metro Consortium Bid)
$750.00 per length Total - $7,500.00
Darley Fire Equipment Company
$760.00 per length Total - $7,600.00
Smeal Fire Equipment
$790.00 per length Total - $7,900.00
Quotation for 7 - 50 ft. Lengths of 2 1/2" Hose:
Minnesota Conway Fire & Safety
$147.50 per length (7) Total $1,176.00
Darley Fire Equipment Company
$178. 00 per length (7) Total $1,246.00
Quotation for 11 - 50 ft Length 1 3/4" Hose:
Minnesota Conway Fire & Safety
$147.50 per length (11) Total $1,622. 50
Darley Fire Equipment Company
$163 .00 per length (11) Total $1,793.00
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 September 8, 1987, with
the original thereof on file in my office and I further
certify that the same is a full, true, and complete tran-
script therefrom insofar as the same relates to the issuance
and sale of the City' s $705,000 General Obligation Improve-
ment Bonds, Series 1987A.
WITNESS My hand as such City Clerk and the corporate
seal of the City this day of , 1987.
City Clerk
City of Shakopee, Minnesota
(SEAL)
17. When any Bond has been discharged as provided in
this paragraph, all pledges, covenants, and other rights
granted by this Resolution to the 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 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 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.
Adopted in adj . reg. session of the City Council of the
City of Shakopee, Minnesota, held this 8th day of September, 1987 .
Mayor of the City of Shakopee
ATTEST:
Approved as to form this
day of 1987.
City Clerk 14 -
City Attorney
�b
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 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 interest on the
Bonds to become subject to taxation under the Internal
Revenue Code of 1986 and regulations issued thereunder (the
"Code" ) , 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.
15. The Council hereby designates the Bonds as "quali-
fied tax-exempt obligations" within the meaning of Section
265(b) (3) of the Code. The Council reasonably estimates
that the aggregate principal amount of all such tax-exempt
obligations issued or to be issued in calendar year 1967 by
the City and all subordinate entities thereof (including
principally the Shakopee BRA) does not and will not exceed
$10,000,000.
16. For the purpose of qualifying the Bonds under
Section 148(f) (4) (C) of the Code for exception to the
arbitrage rebate requirement provided in Section 148(f) of
the Code, the Council hereby determines and certifies that:
( i) The City is a governmental unit with general
taxing powers;
(ii) Based on the opinion of O'Connor & Hannan,
Bond Counsel, the Bonds are not "private
activity bonds" within the meaning of Section
141 of the Code;
(iii) At least 958 of the net proceeds of the Bonds
are to be used for local government activities
of the City; and
(iv) The aggregate face amount of all tax-exempt
bonds (other than private activity bonds but
including 501(c) (3) bonds) issued or to be
issued by the City (or by any subordinate
entities thereof, including the Shakopee HRA)
during the calendar year of 1987 is not rea-
sonably expected to exceed $5,000,000.
- 13 -
(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 1, 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 andunder
-
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
- 12 -
'? b
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 208 of the cost thereof. 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 58 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 owners 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 1989, and
will take all steps necessary to assure prompt collec-
tion. The City Council shall with due diligence take or
cause to be taken all further actions which may be
necessary for the making, constructing, and financing of
the Improvements financed by the Bonds, for the final
and valid levy of special assessments against property
benefited by the Improvements, and for the appropriation
of any other funds needed to pay the Bonds and interest
thereon when due.
- 11 -
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 Reso-
lution.
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 1987A, Debt Service Fund (the
"Debt Service Fund") hereby created, and the proceeds of the
general taxes hereinafter levied, together with special
assessments levied or to be levied for the Improvements
financed by the Bonds, are hereby irrevocably pledged to the
Debt Service Fund for payment of the Bonds, in accordance
with this Resolution. Any interest which accrues on the
Bonds from the date thereof to the date of their actual
delivery shall be credited directly to the Debt Service
Fund, and an additional $ from the proceeds of the
Bonds shall be credited to the Debt Service Fund, as capi-
talized interest on the Bonds, and shall be used to pay the
interest first coming due thereon. If any payment of prin-
cipal of or interest on the Bonds shall become due when the
funds in the Debt Service Fund and the special assessments
- 10 -
� p
TEN COM - as tenants in
common UNIF TRSFR MIN ACT -
TEN ENT - as tenants by the Custodian
entireties (Gust) (Minor)
Under Uniform Transfers
to Minors
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)
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
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
- 9 -
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.
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:
8 _
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 October 1, 1987.
(OMIT SEAL)
(facsimile signature) (facsimile signature)
City Administrator Mayor
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds designated herein and
issued pursuant to the resolution authorizing its issuance
and delivery.
Bond Registrar
Date of
Authentication: By
Authorized Signature
7
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 in whole or in part at the option
of the City in inverse order of maturities on said date and
on any Interest Payment Date thereafter at a price of par
plus accrued interest 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 Owner 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.
This Bond is one of an issue of fully registered Bonds
without interest coupons in the total principal amount of
$705,000, all of like date and tenor except as to maturity,
principal amount, interest rate, redemption privilege, and
registration number, all issued by the City for the purpose
of providing money to defray the expenses incurred and to be
incurred in making local improvements, pursuant to and in
full conformity with the Constitution and laws of the State
of Minnesota, including Minnesota Statutes, Chapter 429, and
is payable primarily from special assessments levied or to
be levied against property specially benefited thereby, but
this Bond constitutes a general obligation of the City, and,
to provide moneys for the prompt and full payment of the
principal of and interest on all of the Bonds as the same
become due, the full faith and credit and taxing powers of
the City have been and are hereby irrevocably pledged, and
the City Council will levy ad valorem taxes, if required for
such purpose, which taxes may be levied on all of the tax-
able property in the City without limitation as to rate or
amount.
This Bond has been designated by the City as a "quali-
fied tax-exempt obligation" pursuant to Section 265(b) (3) of
the Internal Revenue Code of 1986.
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
6
No. R- $
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF SCOTT
CITY OF SHAKOPEE
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1987A
RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP
October 1, 1987
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 o each year, commencing
August 1, 1988 (the "Interest Payment Dates") . Both princi-
pal of and interest on this Bond are payable by ,
in the City of I , or at the
office of its duly appointed successor as paying, authen-
ticating, and transfer agent and registrar for the Bonds
(the "Bond Registrar") , in any coin or currency of the
United States of America which on the date of payment is
legal tender for public and private debts. The Bond Regis-
trar will pay the interest due on this Bond on each Interest
Payment Date by mailing to the Registered Owner 's address a
check or draft made payable to the Registered Owner, as such
name and address of the Registered Owner appear on the
registration books of the City maintained for the Bonds by
the Bond Registrar (the "Bond Register" ) at the end of the
15th day of the month preceding such Interest Payment Date.
(If provisions of the Bonds are to be printed on the reverse
side thereof, the face of the Bonds shall contain the fore-
going provisions, the last two paragraphs of the Bonds, the
signatures of the City officials executing the Bonds, and
the seal of the City (if the same is to be printed on the
Bonds) , and the following paragraph shall be inserted on the
face of the Bonds immediately preceding the above-mentioned
final two paragraphs:
5 -
YEAR AMOUNT RATE YEAR AMOUNT RATE
1989 $55,000 $ 1995 $65,000 %
1990 $80,000 1996 $65,000
1991 $70,000 1997 $65,000
1992 $70,000 1998 $65,000
1993 $70,000 1999 $30,000
1994 $70,000
All Bonds maturing after February 1, 1994, are subject to
redemption in whole or in part at the option of the City on
said date and on any interest payment date thereafter in
inverse order of maturities 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 there-
from, and shall authenticate and deliver to each registered
owner of a Bond partially redeemed thereby a new Bond in the
remaining principal amount not so redeemed.
3. Both principal of and interest on the Bonds shall
be payable by in the
City of , Minnesota, which shall also act as
registrar and transfer agent for the Bonds, or at the office
of any duly appointed and qualified successor thereto (such
agent or successor herein referred to as the "Bond 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:
4
FZ
After due consideration of the bids, Councilmember
introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2796
RESOLUTION AWARDING THE SALE OF $705,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1987A;
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 $705,000 General
Obligation Improvement Bonds, Series 1987A (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 $694,275, 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 1987A, in
the total principal amount of $705,000. The Bonds shall be
dated October 1, 1987, shall be fully registered without
coupons and shall be numbered R-1 et seg . , shall be in the
denomination of $5,000 each, or in integral multiples
thereof, shall bear interest as set forth below, all inter-
est payable August 1, 1988, 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 -
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 September 8, 1987, with
the original thereof on file in my office, and I further
certify that the same is a full, true, and complete tran-
script therefrom insofar as the same relates to the issuance
and sale of the City ' s $2,660,000 General Obligation Tax
Increment Bonds, Series 1987A.
WITNESS My hand as such City Clerk and the corporate
seal of the City this _ day of , 1987.
City Clerk
City of Shakopee, Minnesota
( SEAL)
y
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.
2 . An executed copy of this Agreement shall be filed
with the County Auditor of Scott County, as required by Min-
nesota Statutes, Section 469.178, Subdivision 2.
3 . 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 approved and 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 Executive Director
2 -
TAX INCREMENT PLEDGE AGREEMENT
This Tax Increment Pledge Agreement (the "Agreement" ) is
dated as of October 1, 1987; 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 Coun-
cil has on or before the date hereof adopted a resolution
(the "Bond Resolution" ) awarding the sale of the City's
$2,660,000 General Obligation Tax Increment Bonds, Series
1987A, dated October 1, 1987 (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 469.178, Subdivision
2, the City and the Authority hereby agree as follows:
1. 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
(hereinafter defined) in amounts sufficient to pay such
principal and interest, wnen 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 Rede-
velopment Project, excluding such tax increments from said
Districts which have heretofore been pledged to the payment
of other tax increment bonds or public redevelopment
costs. In discharging its obligations under this Agreement,
the Authority expressly reserves the right to select from
year to year Available Tax Increments from one or more of
the Districts and to pledge or otherwise dedicate tax
increments from any of the Districts to purposes other than
- 1 -
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.
Adopted in adj . reg. session of the City Council of the
City of Shakopee, Minnesota, held this 8th day of September,
1987.
Mayor of the City of Shakopee
ATTEST:
Approved as to form this
day of September, 1987 .
City Clerk
City Attorney
- 13 -
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. The Council hereby designates the Bonds as "quali-
fied tax-exempt obligations" within the meaning of Section
265(b) (3) of the Code. The Council reasonably estimates
that the aggregate principal amount of all such tax-exempt
obligations issued or to be issued in calendar year 1987 by
the City and all subordinate entities thereof (including
principally the Shakopee BRA) does not and will not exceed
$10,000,000.
14. For the purpose of qualifying the Bonds under
Section 148(f) (4) (C) of the Code for exception to the
arbitrage rebate requirement provided in Section 148(f) of
the Code, the Council hereby determines and certifies that:
(i) The City is a governmental unit with general
taxing powers;
(ii) Based on the opinion of O'Connor & Hannan,
Bond Counsel, the Bonds are not "private
activity bonds" within the meaning of Section
141 of the Code;
(iii) At least 95% of the net proceeds of the Bonds
are to be used for a local government activi-
ties of the City; and
(iv) The aggregate face amount of all tax-exempt
bonds (other than private activity bonds but
including 501(c) (3) bonds) issued or to be
issued by the City (or by any subordinate
entities thereof, including the Shakopee BRA)
during the calendar year of 1987 is not rea-
sonably expected to exceed $5,000,000.
15. When any Bond has been discharged as provided in
this paragraph, all pledges, covenants, and other rights
granted by this Resolution to the owner 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
- 12 -
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 208 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 58 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 Stat-
utes, 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 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 interest on the
Bonds to become subject to taxation under the Internal Reve-
nue Code of 1986 and regulations issued thereunder (the
"Code") , as now existing or as hereafter amended or proposed
and in effect at the time of such action, and that it will
- 11 -
Registrar, hereby designated by the City as its authenti-
cating 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. 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 (in-
cluding with respect to each maturity a single Bond in the
full principal amount thereof) , duly executed and authenti-
cated 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 $2,660,000 Gen-
eral Obligation Tax Increment Bonds, Series 1987A, 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 here-
inafter provided, there shall be credited to and maintained
in the Debt Service Account (1) first, those tax increments
(the "Tax Increments" ) which are received by the City pursu-
ant to that certain Tax Increment Pledge Agreement re-
specting the Bonds, dated as of October 1, 1987, between the
City and the Housing and Redevelopment Authority in and for
the City of Shakopee, Minnesota (the "Shakopee HRA" ) , 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 andexclusivelyfor,
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 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.
10 -
a.
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 UNIF TRSFR MIN ACT -
common
TEN ENT - as tenants by the Custodian
entireties (Cust) (Minor)
under Uniform Transfers to
JT TEN - as joint tenants with
right of survivorship Minors Act of
and not as tenants in (State)
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)
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 authorized representative of the Bond
- 9 -