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HomeMy WebLinkAbout10/03/1989 MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: September 27, 1989 1. During the past week, we have done some reorganization of the office space in city hall. Administration including the City Administrator, Assistant City Administrator, City Clerk and Administrative Secretary have moved to the space previously occupied by the Building Department and Mayors Office. The Building Department including the Building Inspector, Asst. Building Inspector, Housing Inspector and the Building Secretary have moved to the space previously occupied by the Community Development/Planning Department. The City Planner, City Administrator and City Clerk have maintained the office space that they previously occupied. 2. On the evening of Wednesday, October 4, 1989 the Chamber of Commerce will be sponsoring a Homecoming Bonfire on the school property North of the hockey rink bubble. The Chamber of Commerce has agreed to indemnify the School District from any loss or liability in conjunction with the bonfire. The Shakopee Fire Department will be in attendance at the bonfire to insure the public safety. The bonfire will follow the annual homecoming coronation at the Senior High School. The Chamber of Commerce will also be providing a free watermelon feed to all persons in attendance. The entire community is welcome to attend the event. 3. On September 20, 1989 the Community Development Commission tabled action on the Commercial/Retail Development Incentive Policy. At that time, they requested staff to make several changes to the policy prior to it being submitted to City Council for final approval. The Commission was having a difficult time agreeing on a provision specifying the level of tax increment assistance to be provided to qualified prospects. Staff is confident that a final policy can be submitted to the City Council for their consideration at the November 7, 1989 City Council meeting. 4 . The Community Development Commission has completed a draft of their newsletter which they plan on distributing to Shakopee residents via a newspaper insert in the Shakopee Mint. (See attachment #4) I would request that the City Council review the content of the newsletter and forward any comments or concerns to Barry Stock prior to October 5, 1989. The Community Development Commission would like to have the newsletter distributed during the second or third week in October. 5. This past Spring the City Council tabled action on amending the park dedication fee structure until such time that the comprehensive plan could be completed. The park portion of the comprehensive plan and the consultants recommendation regarding park dedication fees has been completed. On September 20, 1989 the Community Development Commission reviewed the consultants recommendation and the park portion of the comprehensive plan. It is the desire of the Community Development Commission to have a recommendation for City Councils consideration regarding park dedication fees by the end of the year. The Community Development Commission would like to see new park dedication fees adopted in conjunction with the annual fee schedule which is updated every year in the month of January. At this time, the Community Development Commission is discussing a park dedication fee policy which would only accept cash in lieu of land dedication. Exact residential and commercial/industrial fees have not been discussed at this time. 6. When Council considered the liquor licenses of Corp-Tool, Inc. (Arnies) on September 19th, Mr. Wampach questioned the second floor's compliance with the fire codes. Judy talked with Leroy Houser and he informed her that there is a two year remodeling agreement dealing with this structure. The remodeling of the second floor will take place during the second year. No occupancy of the second floor will be allowed until the remodeling has been completed. 7. Attached is the October Business Update from City Hall. 8. Attached is the monthly calendar for October. 9. Attached for your information is a letter to School Board Members from the Concerned Citizens for Fair Taxation, regarding the District 720 Referendum Levy on the November ballot. 10. Attached are the minutes of the September 7th & 14th Planning Commission and Board of Adjustment & Appeals meetings. 11. Attached are the findings of Judge John M. Fitzgerald regarding City of Shakopee vs. Dolores Lebens. l #q CDC Newsletter Several studies have revealed that • 2.Cut other services Should Shakopee Pursue 100 new manufacturing jobs on the the Attraction of average will boost retail sales by$1.48 • 3. Increase the tax base. If million per year. New businesses also these are the primary choices, Manufacturing Facilities spring up as a result of the 100 new the answer is obvious. jobs. Studies showtbat on the average What loo New Manufacturing between five and eight new non- The attraction of new manufacturing Jobs Mean To A Community manufacturing businesses develop as facilities will have an immediate posi- result of the 100 new jobs. In the tive effect on the industrial tax base average community, with 100 new and subsequent tax revenues. Addi. S ince 1985,rive,new manufacturing manufacturing jobs and the addition- tionally, residential and commercial facilities have located in Shakopee al 64 non-manufacturing jobs came tax base generation will result as spin- resulting in a net newjob growth of ap- another 202 people. The community off development occurs. proximately 175 employees. While gained 102 families and added 61 this may sound impressive,how do we children to its schools system. Progressive economic development compare with our neighbors and cont- efforts will help ensure quality petitors - Chaska, Chanhassen and Increasing the number of businesses development and a quality com- Savage? in a community also increases the muaity. community's tax base. Studies have Excerpts taken from; What 700 Nev In the same time period,Savage has once again shown that on the average, Jobs Mean to a Community, U.S. successfully attracted approximately property tax revenues rose an average Chamber of Commerce, 1985. 500 new manufacturing employees, of $245,000 for every 100 new Chaska over 2000 employees and manufactunngjobs. Chanhassen over 4000 employees. Economic Development How can one explain such dramatic Although the 5245,000 represents Incentive Policy Proposed differences? First, the Minnesota the total from an entire community, River and its limited crossings are an not just the manufacturing portion, obvious barrier that intimidates the new industrial jobs made possible Following a review of the City's In- prospective companies. Second, the reductions in the collection of proper- dustrial Development Incentive aggressiveness in which a community ty taxes from residents of about S13 Policy, the Shakopee City Council promotes itself and its use of financial per capim per year. directed staff to draft a policy that assistance programs to lure in busi- would assist qualified commer- ness is a key factor. All of our neigh- Taxes are an issue of some concern ciallretail projects. The Industrial born are aggressively using financial for residents fearful of continued Development Incentive Policy criteria assistance programs such as Tax In- growth and expansion because of the did not provide for the consideration crement Financing and Industrial additional burden greater numbers of of financial incentive packages to Development Revenue Bonds to at- people inacommunitywID place on al- commerciallretail projects. tract business. Third,a key factor that ready-strained services. However,the prospective employers consider in opposite situation often occurs. In- The proposed Commercial(Retail locating their business is the tax bur- creased property tax revenues as a Development Incentive Policy will be den the community will place on their result of the 100 new manufacturing reviewed by the Downtown Commit- business Shakopee's tax picture has jobs generally more than offset the tee and Community Development been cited by developers as a negative publicservice costs incurred(Schools, Commission prior to submission to in relocating to our community. Local Government, Infrastructure, City Council consideration. The eta) Generally, higher employment policy will provide Tax Increment as- The attraction of new manufacturing will help reduce expenditures for so- sistance to qualified projects. Policy jobs to a community makes economic tial welfare services,which is another criteria include the following: sense. The economic spillover from subject of concern. the addition of a new manufacturing a 1. Minimum project value of plant benefits not only its employees What's the bottom line? There are %1,000,000. and their families,but the entire com- only three ways to maintain or achieve munity as well. The flow of payroll high amenity services in a community • 2. The development must be dollars into local cash registers and such as a quality park system,educa- new construction. bank accounts results in a net gain to tional system and transportation sys- the local economy. tem: • 3. The market value of the • 1.Increase taxes completed project must in- crease the original market value Mebco Industries - Construction The City of Shakopee and the other by 10 times. is underway for a 60,000 sq. ft. "loser" communities have unsuccess- manufacturing facility for Mebco In- fully lobbied the legislature to The level of Tax Increment Assis- dustries on 5 acres in the Canterbury eliminate or lessen the final disparity twice will be based on the completed Industrial Park. When the project is burden that Shakopee carries. It is market value of the project. The completed approximately 75 full time Wrelythat as long as the majorityofthe Community Development Commis- persons will be employed at the site. communities in the metropolitan area sion is hopeful that this policy will Mebco Industries is a leading are gainers,it will be very difficult for promote new commercial/retail manufacturer of combs in the United the loser communities to generate development and redevelopment in States. The City approved three years enough legislative support to have any Shakopee. of Tax Increment to waist with site significant impactonthecurrentlegis- preparation and land costs. Total Iative statute. Residential Development project costs are expected to exceed Exceeding Last Years Levels $2,000,000 with a final estimated It is important for the City of market value at completion in excess Shakopee to strengthen the residen- of$1,245,000. tial development market in our com- Residential development in munity. Residential property as- Shakopee is slightly exceeding last sensed values are exempt from the fis- years pace. FISCAL DISPARM cal disparities statute. Therefore,the Shown below is a chart indicating taxable assessed values from new residential development in Shakopee DILEMMA homes have an immediate positive ef- through August 31,1989 as compared Q feel on reducing taxes within our com- to a8 of 1988.The increase in residen- S ince 1971 the City of Shakopee has munity. Shakopee should continue to tial development activities can be at- been burdened bya state law which re- attempt to attract major commercial tributed to the relatively attractive in- quires all communities within the and industrial manufacturers to our terest rates that have been maintained metropolitan area to contribute 40% community,because more jobs equate throughout the year and the sheer of their annual commercial/industrial to more residential and retail con- number of available lots in Shakopee tax base to a metropolitan wide pool. struction in our community and the as compared to previous years. Funds are redistributed to the cam- generation of increased assessed value munities out of the pooled proceeds which subsequently relates to a poten- b.iaa.cial based on their commercial/industrial tial reduction in taxes community ary growth. Since Shakopee has ex- wide. Simla Family 1961 �s is?i 72,,I... perienced relatively rapid growth aalcipl. oio 9 e 1 e since 1971, the proportionate share - . ea u.lt. rax 129 r s that has been contributed to the lbeal ./u city 3995 4185 .xas .lsl Community Development metropolitan pool is significantly Commission Notes: more than what has been distributed Pruett Briefs back to the community. The mission and purpose of the In essence,tax base that could have Community Development Commis- eritage2nd Addition-A residen- provided tax proceeds for services in sion is to assist in improving the tial developmentlocatedS.E.of the Jr. the City of Shakopee, Scott County, residential,commercial and industrial High School on acres. The develop- and the School District have been lost tax base in the community while ment is fully serviced and will contain to other communities such as Prior single family lots. Lake and Richfield. In fact, the preserving and enhancing the quality of life in Shakopee. To assist in Meadows 2nd Addition - A fully majority of the communities in the achieving its'mission,the Community urviced residential development lly metropolitan area receive back more Development Commission has the Sated on acres S.E.ev to me High tax base than they contribute. ability to create subcommittees to School. Theacres . .of the Sr. High Shakopee is one of only 33 com- evaluate special issues and concerns. P munities in the metropolitan area that single family lots. receives back has than it contributes. The CommunityDevelopment Com- Stonebrooke 1st Addition - A The other 158 communities in the mission is currently comprised of the acre residential development located metropolitan area are gainers. following members:Terry Joos,Mark just South of O'Dowd Lake and ad- II[he Ci[ of Shakopee did not have Miller, Jane DuBois, Jon Albinson jacent to Stonebrooke Golf Course. y and Charles Brandmire. A vacancy The 1st Addition Tooke single urse. to contribute to the fiscal disparities presently exists on the committee and T residential Addition ts and multifamily fami- pool'the average$80,000 household in person interested in serving should - les lots. The project is served b a Shakopee would have received ap- contact Barry Stock at 445-3650. -plex) P l Y proximately a 10% reduction in their centralized water system and in- taxes payable in 1989. dividual septic systems for each lot. w. ;t-'7 BUSINESS UPDATE FROM CITY HALL Vol . 3 No. 10 Dear Chamber Member: October 1, 1989 CITY CLERK City Council approved an agreement with Scott County to provide for the assessment of the property in Shakopee by the County Assessor. Scott County has handled the assessment of Shakopee property since 1982. City Council appointed Michael Phillips to serve on the Downtown Committee. Mr. Phillips is an employee of Marquette Bank Shakopee and is moving to Shakopee in September. City Council has approved the sale of $3,600,000 General Obligation Tax Increment Bonds for the 169/101 bridge improvements and for storm water drainage improvements. Resignation of Al Furrie from the Community Development Commission was accepted with regrets. Anyone wishing to fill this vacancy may obtain an application at city hall. COMMUNITY DEVELOPMENT Following a review of the City's Industrial Development Incentive Policy, the Shakopee City Council directed staff to draft a policy that would assist qualified commercial/retail projects. The Industrial Development Incentive Policy criteria did not provide for the consideration of financial incentive packages to commercial/retail projects. The proposed Commercial/Retail Development Incentive Policy will be reviewed by the Downtown Committee and Community Development Commission prior to submission to City Council consideration. The policy will provide Tax Increment assistance to qualified projects. Policy criteria include the following: 1. Minimum project value of $1,000,000. 2. The development must be new construction. 3. The market value of the completed project must increase the original market value by 10 times. The level of Tax Increment Assistance will be based on the j completed market value of the project. The Community Development Commission is hopeful that this Policy will promote new commercial/retail development and redevelopment in Shakopee. COMMUNITY RECREATION (SCR) Organized youth basketball programs for boys and girls are just one of the 90 + programs and activities administered by Shakopee Community Recreation throughout the year. There are not enough gymnasiums to accommodate all of these young athletes during the normal winter basketball season so the leagues for 3rd and 4th grade boys and girls are conducted during the fall season. As a result, good management of time and facility usage is accomplished. SCR is concerned that tax payers receive a good bang for the bucks that they expend and this activity is a good example of this philosophy. ENGINEERING DEPARTMENT THIRD AVENUE RECONSTRUCTION PROJECT This project is the center of this summers construction projects and is progressing well. The actual street construction has been underway for a couple of weeks in the area east of Holmes Street. Residents should see blacktop on these areas by the end of September. Utility work (sewer and water) from Holmes Street west to Scott Street is nearing completion, and will be followed by street grading and gravel base. The contractor, Barbarossa & Sons of Osseo, MN anticipates having the majority of this project completed by November 1, 1989. UPPER VALLEY DRAINAGE PROTECT The Upper Valley Project is proceeding well. The majority of the large storm pipe is in place. The contractor, Barbarossa & Sons of Osseo, MN is working toward the crossing point at C.R. 17 installing a 36" storm pipe under the drainage. Where the ditch crosses C.R. 17 there will be a pedestrian underpass as opposed to the culvert. MARKET STREET AND VARIOUS ALLEYS This project has been awarded to S.M. Hentges & Sons of Shakopee. They anticipate starting during the week of September 25th. Notices will be given to affected residents. SHAKOPEE BYPASS The major announcement of this past month was Department of Transportation Commissioner Leonard Levine's announcement that the Shakopee Bypass will be constructed to 4 lanes at once, rather than 2 lanes as was originally proposed. The State Department of Transportation has identified 16.3 million dollars out of the required 30 million dollars needed to construct the project, but Commissioner Levine indicated that there would be no problems in obtaining the additional funding. October 1989 #� UPCOMING MEETINGS SUN MON TUE WED THU FRI SRT 1 2 3 4 5 5 7 4:30pm 7:00pm City 7:30pm Public Council Planning Utilities Commission Commission 8 9 10 11 12 13 14 7:45am Downtown Committee 15 15 17 18 19 20 21 7:00pm 7:00pm City 5:00pm CDC Community Council 7:00pm Recreation Energy & Transport- ation 22 23 24 25 25 27 28 29 30 31 September November S M T W T F S S M T W T F S 1 2 1 _ 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 1 1 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 September- 23, 1989 0t'� Dear School Board Member: ' The Concerned Citizens for Fair Taxation are aware that the School Board will be deciding on the District 720 Referendum Levy for the November ballot on Monday. We need to make it very clear that the CCFT opposes Option 4. The basis of our opposition are threefold . 1 . The CCFT has strong misgivings on totally relying on a certified letter regarding the communities return of approximately $1 ,000,000.00 from fiscal disparities. 2. Option 4 does not realize substantial reductions in lieu of extremely high escalations in school spending. The CCFT is not satisfied, as we had outlined in our presentations, that our school district needs to operate on an excess levy of such magnitude. 3. The voters rescinded a 19.79 referendum in June '89. The CCFT does not believe Option 4 represents a response to the will of the majority. Furthermore, we strongly believe there is a phenomenal risk in presenting Option 4 to the voters because of the present tax climate, increased escrows, etc . If option 4 does not pass, we will all carry the burden . Please don' t underestimate the intelligence of the voters to comprehend Option 4. Rescinded Referendum Option 4 90/91 19.79 MILS 2,058, 160 17.98 MILS 1 ,880,000 91192 19.79 MILS 2,056, 160 12.79 MILS 1 ,5eO.000 92/93 9.79 MILS 1 ,018, 160 12.98 MILS 1 ,580,000 5, 134,480 5,040,000 Enclosed is a proposal from CCFT. We strongly urge you to review it closely and give it fair consideration, it is a proposal that will sufficiently service the needs of the school district and also decrease the risk of voter rejection . It offers three years of 1.3 Mils @ $1 ,352,000. The CCFT does not envy the decision that the School Board is forced to make. We hope that the Board will be responsible to all of the citizens of Shakopee, even if it means compromising for all . This is an opportunity to either unite the community and allow it to begin to grow or to cause more division . We trust your decision will be the right one. Concerned Citizens For Fair Taxation cc:�/ Shakopee City Council Scott County Board of Commissioners Valley News o d d z m n c c n d f d q Y F m O J r N B O ^ O I G N w d I-1 I O P H I m 1 x � 1 q A O = r I � < Y � W N r r• N W N - N `O yl H 1 O d N W V: to C O 1 G L ❑ �_ 9 O m P �O � N NO N r P w O ^1 I N ID O W W N Z I 1 > rt I R) I o - I N N N H r N N N +n Y H N Z < I - N N C ^ K 9 1 Fn F r N I P m m 1 rt I 1 1 C N N m W r C I I 1 1 N N y� W O yl O H N I I 1 I O P C P Oi I q 'v I m I A I q C 1 C q 1 q m 1 K I C 1 r Z 1 F: I H I 1 1 q � I O O O J P P O O N P a L I q I C ti I r � I I c _ I F: I H I 1 1 m m 1 a < I N N K I O O O vl P r C q I 1 [` I 1 C i 2 I I N H f ANN N N Y H N > o D o c o 00 a o • % o r z ;fKfL DISTRICT 8720 -fNERAL FIND MOJECTIONS EXCESS OF NET REVENUE GENERAL BASIC TIF REFERENDUM TOTAL PROJECTED PROJECTED PROJECTED OVER FIND YEAR REVENUE REVENUE REVENUE REVENUE EXPEND. REDUCTIONS EXPEND. EXPEND. BALANCE 14x8-89 (450,000) 1987-90 9,06,38? 399,000 2,240,467 11,674,856 10,968,007 150,000 10,818,007 856,849 406,849 599(-91 91356,813 338,000 1,352,000 11,046,813 11,304,817 350,000 10,954,817 91,996 498,845 1971-92 9,671,167 338,000 1,352,000 11,361,167 11,447,784 11,447,784 (86,6171 412,228 1992-93 10,037,874 169,000 676,000 10,882,874 11,962,934 11,962,934 (1,080,060) (667,833) TOTALS 38,101,243 1,244,000 5,620,467 44,965,710 45,683,543 500,000 45,183,543 (217,833) (667,8331 PROJECTIONS ARE BASED ON THE FOLLOWING ASSUWTIONS: A. AS PREPARED BY SCHOOL ADMINISTRATION: I EXPENDITURES ARE PROJECTED TO INCREASE 4.5X ANNUALLY DIE TO INFLATION. 2 1989-90 PDU ARE 2735 PER ADMINISTRATION. 3 REVENUES APE BASED ON ADMINISTRATION'S PROJECTION INCLUDING TIF IN 1989-90. 4 1990-91 FOUNDATION IS BASED ON $2953 PER WU (PLUS 35,55 ADDITIONAL WU). 5 1991-92 FOUNDATION FORMULA INCREASE OF I.T. (PLUS 64,2 WU). 6 1991-93 FOUNDATION FORMULA INCREASE OF 1.SX (PLUS 78,6 WU), B. AS PREPARED BY CONCERNED CITIZENS FOR TAXATION: 1 PROJECTION INCLUDES REFERENDUM OF '13' NILS 1 104,000 PER OR E 1,352,000 PER YEN, 2 1989-90 REFERENDUMREVENUE INCLUDES 50% CFSI,352,000 YEARLY REFERENDA. 3 1992-93 REFERENDUM REVENLE INC-ODES 50% OFS1,352,000 YEARLY REFERENDUM. 4 PROJECTION IS FIGURED WITH 41,010,000 FISCAL DISPARITY GOING BACK TO TAXPAYERS. 5 PROJECTED REDUCTIONS START IN 1989-90, FOR A TOTAL AR $500,000. 6 AT THE END O: 1992-93 THE FUND BALANCE SIGNS A NEGATIVE BALANCE BECAUSE IT IS THE LAST YEAR OF THE "3 YEAR" REFERENDUM AND INCLUDES OiY "1/2' YEAR OF REFERENDUM AND TIF REVENUE. 7 A NEN REFERENDUM NOLO BE VOTED ON IN 1992 04SFD ON NEN PROJECTION'S, BUT BASED ON CURRENT PROJECTIONS, THE FOR BALANCE WOULD BE AS FOLLOWS: FIND BALANCE AT END OF 1992-93 (667,833) ONE HALF (1/2) YEAR OF TIF REVENUE 169,00D OE HALF (1/2) YEAR OF REFEREWBM REVENUE 676,000 FUND BALANCE IF SAE REFERENDUM WAS VOTED IN AGAIN 177,167 ##l6 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN October 5, 1989 Chairman Forbord Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3 . Approval of the September 7, 1989 and the September 14, 1989 Meeting Minutes 4. 8,00 P.M. PUBLIC HEARING: To consider a request for a Conditional Use Permit to operate a wood shop business out of a wood frame accessory building upon the property located at 8615 Boiling Spring Lane. Applicant: Timothy L. Platt Action: Conditional Use Permit Resolution No. 578 5. 8:10 P.M. PUBLIC HEARING: To consider a request for a Conditional Use Permit to operate a theatre as Minor Commercial Recreation at Shakopee Town Square (formerly Minnesota Valley Mall. ) Applicant: Carlson Real Estate Company Action: Conditional Use Permit Resolution No. 579 6. 8:20 P.M. PUBLIC HEARING: To consider a request for a Conditional Use Permit to allow a trailer shuttle lot to be located upon the property at 1644 East Highway 101. Applicant: Terminal Transport, Inc. Action: Conditional Use Permit Resolution No. 580 7. 8:30 P.M. PUBLIC HEARING: To consider a request for a Conditional Use Permit to operate a dog grooming business in their home located at 627 West 6th Avenue. Applicant: Gary & Ruth Powell Action: Conditional Use Permit Resolution No. 581 8. Discussion: a. Setback requirements for accessory buildings in rural areas b. Air Quality in River Valley Area C. 9. Other Business a. b. 10. Adjourn Douglas Wise City Planner NOTE TO THE PLANNING COMMISSION MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Doug Wise on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. PLANNING COMMISSION SHAKOPEE, MINNESOTA REGULAR SESSION SEPTEMBER 7, 1989 Members Present: Forbord, Foudray, Kahleck Members Absent: Czaja, Rockne, Allen, Stafford Others Present: Doug Wise--City Planner, Sharon Swenson--Recording Secretary, Janelle Szklarski--Planning Intern I. CALL TO ORDER Chairman Forbord called the meeting to order at 8: 02 P.M. There was not a quorum present. II. ADJOURNMENT MOTION: Kahleck/Foudray moved that the meeting adjourn until September 14, 1989 at 7:30 P.M. Motion passed. PROCEEDINGS OF THE PLANNING COMMISSION Adj . Regular Session Shakopee, MN September 14, 1989 Chrmn. Forbord called the meeting to order at 8:15 P.M. , with Comm. Rockne, Czaja, Foudray, Eahleck and Stafford present. Absent: Comm. Allen. Also present: City Planner, Doug Wise, Planning Intern, Janelle Szklarski. Foudray/Czaja moved to approve the agenda as presented with the additions to Other Business. Motion carried. Foudray/Stafford moved to approve the August 3, 1989 meeting minutes subject to the addition of the statement by Comm. Czaja on Page 11, under "House/Nelson Duplex" "it was his opinion that when a Commissioner was approached concerning code irregularities, these opinions should be left to the Staff. " Motion carried. HEINZ PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 574 Rockne/Czaja moved to open the public hearing to consider a request for a conditional use permit to move in a dwelling upon the property located at the corner of Pierce Street and 3rd Avenue - Bruce Heinz, applicant. Motion carried. City Planner stated this conditional use permit is contingent upon approval of the variance, earlier denied by the Board of Adjustments and Appeals. Since the applicant has the right of appeal, this conditional use permit should still be heard and handled on its own merit. Therefore, if the Planning Commission desired, this request could be approved subject to the approval of the variance request or if there were a way a home could be located as such to meet code requirements. Chrmn. Forbord asked for comments from the audience and/or the applicant. There were no comments. Foudray/Stafford moved to continue the public hearing to the November 1989 meeting to allow the applicant time to react to the decision made by the Board of Adjustments and Appeals relative to his variance request. Motion carried. MODEL STONE COMPANY PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 576 Foudray/Czaja moved to open the public hearing to consider a request for a conditional use permit to operate a concrete ready mix plant upon the property located at 6800 East Highway 101 - applicant, Model Stone Company. Motion carried. City Planner presented the background. Brief discussion was held by the Planning Commission. PROCEEDINGS OF THE SHAKOPEE SEPTEMBER 14, 1989 PLANNING COMMISSION PAGE -2- Chrmn. Forbord asked for comments from the audience. There was no response. Foudray/Kahleck moved to close the public hearing. Motion carried. Foudray/Czaja offered Conditional Use Permit Resolution No. 576 and moved for its adoption subject to the following conditions: 1. Annual review of the conditional use permit, with renewal of permit in three years. 2. All parking and loading to be done off street. 3. The washing and cleaning of trucks will be done so as to prohibit spill over into the pit. 4 . Access to the site shall be from the northern frontage road. There shall be no easterly access. 5. That all landscaping requirements be met. Motion carried. Chrmn. Forbord notified the applicant of the seven-day appeal process. Foudray/Czaja moved for a 10-minute recess at 8:55 P.M. Motion carried. Czaja/Rockne moved to reconvene at 9:05 P.M. Motion carried. HERITAGE PLACE 2ND ADDITION City Planner stated that at the August 3, 1989 meeting the Planning Commission passed a motion recommending to the City Council approval of the final plat of Heritage Place 2nd Addition subject to conditions. Prior to the recommendation being submitted to the City Council, the developer requested a change in the final plat. They now desire not to plat the entire area, but to final plat the area in two phases. Due to the request, City staff felt it should be returned to the Planning Commission for further review. He further stated the developer has decided to final plat only the west half of the development at this time. The east half of the development is shown on the revised plat as an outlot and will be final platted at a later date. Kahleck/Foudray moved to reconsider their previous motion recommending approval of Heritage Place 2nd Addition to the City Council. Motion carried. � G PROCEEDINGS OF THE SHAKOPEE SEPTEMBER 14, 1989 PLANNING COMMISSION PAGE -3- Foudray/Czaja moved to recommend approval of the final plat of Heritage Place 2nd Addition to the City Council, subject to the following conditions: 1. Approval of a title opinion by the City Attorney. 2 . Execution of a developers agreement for construction of required improvements: a. Street lighting to be installed in accordance with the +e++i+ems&s of the SPUC Manager. b. Water system to be installed in accordance with the requirements fo the SPDC Manager. C. Sanitary sewer and storm sewer to be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. d. Local streets and street signs shall be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e. The developer shall be responsible for payment in lieu of land dedication for park purposes. f. The developer shall agree to the apportionment by the City Engineer of any existing special assessments. 3. The developer shall provide a recordable agreement stating that not more than 10 percent of the plat will be developed into twin homes. Twin homes will require separate utility connections and sites must be identified before installation of utilities. 4. The developer shall construct a sidewalk along the west side of Ruby Lane connecting Vierling Drive with the park. 5. No lots will be allowed direct access onto Vierling Drive. 6. Prior to recording of the final plat, the developer shall execute an agreement with SPUC regarding extension of the watermain along Vierling Drive and looping of water lines within the development. 7. The existing easement along the north property line shall be vacated prior to recording of the final plat or shown on the plat. 8. The easement along the lot line between Lots 18 and 19, Block 2, shall be 10 foot in width on each side of the lot line. 9. The developer shall file a petition with the District Court to rename Heritage Drive from Lot 2, Block 2 and Lot 2, Block 4, of Heritage Place let Addition south to the northern boundary of Heritage Place 2nd Addition to Sapphire Lane. PROCEEDINGS OF THE SHAKOPEE SEPTEMBER 14, 1989 PLANNING COMMISSION PAGE -4- 10. The right-of-way for Onyx Drive and its intersection with Heritage Drive located in the northeast corner of Outlot A shall be shown on the final plat and dedicated to the City. 11. No building permits shall be issued for Outlot A until it has been replatted. Motion carried. SCHMIDT REVIEW - CONDITIONAL USE PERMIT RESOLUTION NO. 556 City Planner stated that on February 9, 1989 the Planning Commission approved Conditional Use Permit Resolution No. 556 to Edward Schmidt, III to operate a commercial recreation facility at 125 East 1st Avenue. A condition of the permit required a six month review. He added the business has complied with codes. There have been a few incidents, but they have all been resolved. Rockne/Foudray moved approval of the review of Conditional Use Permit Resolution No. 556. Motion carried. APPLICATION FORMS - DISCUSSION City Planner stated that pursuant to the suggestion of the Planning Commission, copies of application forms have been submitted to them for review and comments. It was the consensus of the Planning Commission that the City Planner review the concerns addressed by the Planning Commission and implement these into the application form. AIR QUALITY IN RIVER VALLEY AREA - DISCUSSION Comm. Czaja stated he heard information that lends him to believe that the air quality in the River Valley area may be hazardous. He would like to see if there was documentation to substantiate this information. He also stated this information may be valuable to aid the City in setting standards. He suggested the monitoring of air quality in this area which should come in the form of a recommendation by the City to the MPGA. Foudray/Rockne moved that the Planning Commission recommend to the City Council a request for a study of the air qualities in the River Valley area be undertaken by the proper State agency. Discussion held and motion withdrawn. PROCEEDINGS OF THE SHAKOPEE SEPTEMBER 14, 1989 PLANNING COMMISSION PAGE -5- Comm. Rockne moved that staff report to the City Council the concerns of the Planning Commission and the intent to research the air qualities in the River Valley area. Motion died for lack of second. Czaja/Rockne moved to direct staff to further investigate the means of monitoring the air quality in the River Valley area and return with a recommendation that can be directed to the City Council. Motion carried. VACATION OF EASEMENT - K-MART EXPANSION Foudray/Rockne moved that the Planning Commission recommend to the City Council approval of the vacation of the easement for the X-Mart expansion project and finds that said vacation does not conflict with the City's Comprehensive Plan. Motion carried. ABSENTEEISM BY PLANNING COMMISSIONERS Chrmn. Forbord stated he had received a letter from City Staff requesting action relative to the absenteeism of four Commissioners. He stated his response was directed to the City Council for action since he does not believe this to be his responsibility. He reminded the members of their responsibility to the Board for which they are seeking appointment and the guidelines of attending at least 75 percent of the meetings. He suggested that if situations had changed for a Commissioner since their appointment, perhaps they should look at the possibility of resigning rather than let the public and rest of the commissioners down by a lack of a quorum or lack of attendance. Comm. Czaja responded that this is a voluntary commitment and his job now demands he travel and give more of his time to his profession. His absenteeism is usually a result of this situation. He added that contrary to rumors, his being absent has nothing to do with the current Chairman. Comm. Kahleck stated she felt it unfair to the public not to have all members present and have all views and opinions expressed. She said with full attendance the meetings are always more effective. Foudray/Czaja moved to adjourn. Motion carried. Meeting adjourned at 9:35 P.M. Douglas K. Wise City Planner Jane VanMaldeghem Recording Secretary TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN October 5, 1989 Chairman Forbord Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of September 7, 1989 and September 14, 1989 Meeting Minutes 4. 7:30 P.M. PUBLIC HEARING: To consider a request for a variance to allow a 176 square foot pylon sign, 35 feet in height on property located at 8050 East Highway 101. Applicant: White GMC Volvo Action: Variance Resolution No. 582 5. Other Business a. b. 8. Adjourn Douglas K. Wise City Planner NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Doug Wise on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting.* BOARD OF APPEALS AND ADJUSTMENTS SHAKOPEE, MINNESOTA REGULAR SESSION SEPTEMBER 7, 1989 Members Present: Foudray, Forbord, Kahleck Members Absent: Czaja, Rockne, Allen, Stafford Others Present: Doug Wise--City Planner, Sharon Swenson--Recording Secretary, Janelle Szklarski--Planning Intern I. CALL TO ORDER Chairman Forbord called the meeting to order at 8:00 P.M. There was not a quorum present. II. ADJOURNMENT MOTION: Foudray/Kahleck moved that the meeting adjourn until September 14, 1989 at 7:30 P.M. Motion passed. b PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Adj . Regular Session Shakopee, MN September 14, 1989 Chrmn. Forbord called the meeting to order at 7:30 P.M. , with Comm. Kahleck, Stafford, Czaja and Foudray present: Late: Comm. Rockne. Absent: Comm. Allen. Also present: City Planner, Doug Wise, Planning Intern, Janelle Szklarski. Foudray/Czaja moved to approve the agenda as presented. Motion carried. Foudray/Stafford moved approval of the August 3, 1989 meeting minutes subject to the following corrections: 1. Members Absent: Czaja, Allen, Rockne. 2. Broderson Variance: . "moved that the hearing be opened for discussion of the variance application". . . Motion carried. JEURISSEN VARIANCE PUBLIC HEARING - RESOLUTION NO. 573 Czaja/Stafford moved to open the public hearing to consider a request for a variance to have an accessory building closer to the front lot line than the principal building upon the property located at 3751 Country Road 79 -- Donald Jeurissen, applicant. Motion carried. Comm. Rockne arrived at 7:35 P.M. , and took his seat. Discussion held on the variance request. Comments were also made by the Board of Adjustments and Appeals relative to changes in City Code to allow code variations for specified rural areas and requests. Chrmn. Forbord asked for comments from the audience and/or from the applicant. No comments were given. Foudray/Czaja moved to close the public hearing. Motion carried. Foudray/Stafford offered Variance Resolution No. 573, a resolution to approve an accessory building closer to the front lot line than the principal building, subject to the condition that the garage be built in the location as shown on plans submitted with the variance application, and moved for its adoption. Motion carried. CARLSON REAL ESTATE CO. PUBLIC HEARING - RESOLUTION NO. 577 Foudray/Rockne moved to open the public hearing to consider a request for a 30 foot variance from the rear yard setback to construct an addition to the existing K-Mart facility located at the Minnesota Valley Mall Shopping Center - Carlson Real Estate Company, applicant. Motion carried. PROCEEDINGS OF THE SHAKOPEE SEPTEMBER 14, 1989 BOARD OF ADJUSTMENTS AND APPEALS PAGE -2- City Planner stated the variance is necessitated due to the resultant three parcels under three separate owners if this request is approved. He further stated the applicant has also requested approval of a lot split which will be reviewed and acted upon concurrently with the Board of Adjustments and Appeals review of the variance request. Chrmn. Forbord asked for comments from the audience. Tim Meyerson, representing Carlson Real Estate, clarified some of the issues for the Board. He stated the variance is needed because the construction is on a new lot. He further stated that K-Mart is expanding nation-wide and there is no available adjacent land and the vacancies in the Mall have presented this opportunity. Foudray/Kahleck moved to close the public hearing. Motion carried. Czaja/Stafford offered Variance Resolution No. 577 and moved for its adoption subject to the following conditions: 1. Approval of this variance is contingent upon approval of a lot split. 2. Approval of this variance is contingent upon approval of the easement vacation, relocation of the watermain and granting of new easements to the City for location of the watermain. 3. Execution of cross easements and a party wall agreement addressing common parking, access, maintenance, and other common/shared services. All easements and agreements shall be recorded with each parcel and a copy of the agreements shall be provided to the City. 4. No additional accesses be constructed off Taylor Street. Motion carried. HEINZ PUBLIC HEARING - RESOLUTION NO. 575 Foudray/Kahleck moved to open the public hearing to consider a request for a 6 foot variance from the required 10 foot side yard setback - Bruce Heinz, applicant. Motion carried. City Planner stated the existing house was constructed on Lot 9, with two attached garages extending across the west lot line onto Lot 10. The applicant intends to remove the existing garages to develop Lot 10 with a single family structure. when the garages are removed, the existing house (Lot 9) will be four feet from the property line. 6 PROCEEDINGS OF THE SHAKOPEE SEPTEMBER 14, 1989 BOARD OF ADJUSTMENTS AND APPEALS PAGE -3- City Planner gave a little background stating that in July 1985, the Board of Adjustments and Appeals had approved a variance to Claude Casman, previous owner, to allow for the lots to be used separately. However, this variance was not utilized within the one-year time frame so it became null and void. He stated the existing home is presently a two-family dwelling and with the removal of the garages would be converted to a single-family dwelling in order to meet the lot width requirements. Chrmn. Forbord asked for comments from the audience and/or the applicant. Bruce Heinz, applicant, stated his request is due to a desire to improve the area. He stated he has a house ready to move onto Lot 10. City Planner further stated the Fire Chief has recommended denial because the structures would be too close together. The City Administrator has recommended denial because it would create a non-conforming use and the Building Official has recommended denial because similar requests have been denied. Stafford/Czaja moved to close the public hearing. Motion carried. Kahleck/Rockne offered Variance Resolution No. 575 and moved for its denial based on the following: 1. The variance would grant the applicant special privileges not enjoyed by other property owners in the district by allowing him to alter a structure in a way that does not comply with the code. 2. Although the hardship is not a result of the applicant's actions, the applicant does have other options available, namely, he could continue to use the existing house as a two-family dwelling. 3. The variance would be detrimental to the purposes of the chapter and to the property in the same zone by allowing the creation of a non- conforming situation. Motion carried. Chrmn. Forbord notified the applicant of the seven-day appeal period. Stafford/Czaja moved to adjourn. Motion carried. Meeting adjourned at 8: 15 P.M. Douglas K. Wise City Planner Jane VanMaldeghem Recording Secretary STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT CASE TYPE: exVTL _____________________________________________________________________________ City of Shakopee, 8`/-O MI Court File No. Petitioner/Plaintiff, VS. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR Dolores Lebens in her WRIT OF MANDAMUS capacity as Mayor of the City of Shakopee, Respondent/Defendant. _____________________________________________________________________________ The above-captioned matter came on for a hearing on a Writ of Mandamus before the undersigned, one of the Judges of the above-named Court. The Petitioner/Plaintiff appeared by Phillip R. Brass of grass & Monroe Chartered, 327 South Marschall Road, Shakopee, Minnesota, and Respondent/Defendant Dolores Lebens appeared in her capacity as Mayor of the City of Shakopee. Upon all files and records and proceedings herein, the Court makes the following: FINDINGS OF FACT I. The City of Shakopee is a body politic and corporate, organized under the laws of the State of Minnesota. Ii. The City is a statutory city governed by a city council comprised of an elected mayor and five elected council members governed by Minnesota Laws, Chapter 412. The mayor and each council member each have one vote on the city council. A majority of affirmative votes of the Council is necessary to adopt -1 SEP 2 a resolution. III. Dolores Lebens, Respondent/Defendant herein, is the Mayor of the City of Shakopee and as such is authorized and required to sign resolutions passed by the City Council. IV. The City has been working toward the implementation of a plan known as •Highway 169 - 101 Bridge and Mini By-Pass" (hereinafter referred to as -By- Pass') . V. The By-Pass plan has been approved by the Minnesota Department of Transportation which has agreed to fund a major portion thereof. VI. To fond the City portion of the cost of said By-Pass, on September 12, 1989, the City Council adopted Resolution No. 3114, by a vote of three affirmative and two negative. This Resolution authorizes the sale of General Obligation T= Increment Bonds, Series 1989B which are necessary to finance this project. VII. The Mayor of the City of Shakopee, Delores Lebens, has refused and continues to refuse to sign the Resolution and has stated that she will not sign the Bonds issued pursuant thereto, or other documents necessary and convenient to effectuate the Bond sale authorized by said Resolution. VIII. The City has taken all actions necessary to properly adopt said Resolution and said Resolution lacks only the signature of the Mayor of the City of Shakopee, Dolores Lebens. -2- IX. Dolores Lebens, in her capacity as Mayor of the City of Shakopee, has an obligation anVuty to execute said Resolution and the Bonds contemplated thereby and all other documents necessary and convenient to effectuate the Bond sale authorized by said Resolution. X. Failure by Mayor Lebens to execute the Bonds and all other documents necessary and convenient thereto will subject the City of Shakopee to serious damages. XI. Mayor Lebens' refusal to execute the Resolution, Bonds, and other necessary documents will result in the inability of the City to sell said Bonds as authorized by the Resolution adopted by majority of the City Council. XII. Mayor Lebens, at the hearing on the Alternative Writ of Mandamus, failed to demonstrate good cause for refusing to sign Resolution 3114. XIII. Mayor Lebens further failed to demonstrate good cause for refusing to sign any Series 1989B Bonds or any other documents necessary and convenient to effectuate the intent of Resolution 3114. CONCLUSIONS OF LAW 1. That Resolution 3114 was properly adopted by the City Council on September 12, 1989, for the City of Shakopee. 2. That Dolores Lebens, in her capacity as Mayor of the City of Shakopee, is obligated and required to sign Resolution 3114 and the General Obligation Tax Increment Bonds, Series 1989B contemplated thereby and all other documents necessary and convenient to effectuate said Bond sale authorized by -3- said Resolution. 3. That Mayor Lebens is without good cause or legal justification for refusing to sign Resolution 3114, and the General Obligation Tax Increment Bonds, Series 1989B contemplated thereby and any other documents necessary and convenient to effectuate the Bond sale authorized by said Resolution. ORDER IT IS HEREBY ORDERED that the attached Writ of Mandamus issue requiring Dolores Lebens in her capacity as Mayor of the City of Shakopee to execute and sign Resolution 3114, the General Obligation Tax Increment Bonds, Series 1989E contemplated thereby, and all other documents necessary and convenient to effectuate the Bond sale authorized by Resolution 3114, and upon her failure to do so said Resolution and all such Bonds and other documents are determined to be valid and effective without her signature and upon the signature of the duly appointed Acting Mayor (a/k/a V' e M or), 4-e-'^+""'� Dated this day of , 1989. VV _ T CO Sb Fit era 4- MEMORANDUM p The legislature clearly stated its intent when it formulated a uniform code of municipal government under Minn . Stat . Sec . 412.014 ( 1973) . The statute states : Subdivision 1 . Legislative findings ; policy. The legislature finds that the laws relating to villages , boroughs and cities without home rule charters are characterized by unnecessary duplication and inconsistency of treatment ; that confusion as to the application of such laws exists because of the imprecision of the terms village , borough and city; and that it is desireable that all such municipalities be governed by a uniform code of statutes in order to provide them with a modern form of lcoal government and to reduce the volume of special legislation relating to municipal government . While 1965 Minn . Laws 183 may not have been explicitly repealed by the Minnesota Revisor of Statutes , in accordance with Minn. Stat . Sec . 645 .39 (1941 ) , an implied repeal occurred when the uniform code was adopted . Minn. Stat . Sec . 645 .39 (1941) states in relevant part : When a general law purports to establish a uniform and mandatory system covering a class of subjects, such law shall be construed to repeal preexisting local or special laws on the same class of subjects. In this case , the legislature enacted a uniform and mandatory system for municipal government . While Minn. Stat . Sec . 412.015 (1973) contains no clause purporting to repeal or amend 1965 Minn. Laws 183 , such a provision is unnecessary. "A later statute covering the entire subject matter of and intended as a substitute for an earlier one, although it does not expressly refer to or purport to amend or to repeal it , operates to repeal it by implication , for the reason that the later n statute is the last expression of the legislative will ." City of Jackson v . Jackson County , 214 Minn . 244 , 7 N.W.2d 753 . 756 ( 1943) (citations omitted) . " If a later statute accomplishes the purpose intended to be accomplished by a previously enacted statute but by obviously different methods and in a different manner , the later statute supersedes and repeals the earlier one. " City of Jackson , 7 N .W .2d at 756 (citation omitted) . Such is the case here. The special law of 1965 Minn. Laws 183 is impliedly repealed . The uniform code of municipal government must be followed . The Mayor must do her ministerial duty and sign the bonds issued and the supporting documents. J .M.F. STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT CASE TYPE: CIVIL _____________________________________________________________________________ City of Shakopee, Court Pile No. 89-09961 Petitioner/Plaintiff, VS. WRIT OF MANDAMUS Dolores Lebens in her capacity as Mayor of the City of Shakopee, Respondent/Defendant. _____________________________________________________________________________ THE STATE OF MINNESOTA TO DOLORES LEBENS, GREETINGS: This Court commands you, immediately upon receipt of this Writ, to sign and execute Resolution 3114, and all Series 1989E Bonds and other documents necessary and convenient to effectuate the intent of said Resolution, all in your capacity as Mayor of the City of Shakopee. Dated this 28th day of September, 1989. BY THE COURT: John M. Fitzgerald John M. Fitzgerald, District Court Judge Greg Est Court Administrator R E V I S E D TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 3, 1989 Mayor Dolores Lebens presiding 1] Roll Call at 7:00 P.M. 21 Recess for H.R.A. Meeting 31 Re-convene 41 Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 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. ) *71 Approval of Minutes of September 12, 1989 8] Communications: a] Stuart E. Fraser, NSP, re: increase in electric rates *b] Robert Shannan, VFW, re: transfer of licenses 9] 7:30 PUBLIC HEARING - on the vacation of a utility easement lying in the south corner of Lot 1, Block 1, Valley Mall 1st Addition to allow for the expansion of K-mart 10] Boards and Commissions: 11] Reports From Staff: a] Mezzanine Storage - Police Station *b] Authorize Hiring Clerk Typist II *c] Purchase of Capital Equipment for Public Works d] Traffic Analysis on Bergquist Development e] 3rd Avenue, Project No. 1989-5 - Use as a playground f] 5th Avenue Between Market and Spencer, Project 1989-4 g] TH-101 Right-of-Way by Valleyfair *h] November 7, 1989 City Election i] November 7, 1989 Regular Council Meeting j] Approval of Bills in Amount of $87,702 .21 k] Awarding the Sale of GO TIF Bonds for Hwy 169 Bridge and Upper Valley Drainage Project Recess for BRA Meeting Reconvene 1] 5-Year Capital Improvement Program m] 1990 Budget TENTATIVE AGENDA October 3, 1989 Page -2- 12] Resolutions and Ordinances: *a] Res. No. 3126, Certifying Delinquent Storm Drainage Bills b] Ord. No. 273, Amending Refuse Collection Regulations *c] Res. No. 3125, Approving Agreement for Reimbursement for Activities in Connection with Grant Application *d] Res. No. 3119, Assessment Split for Heritage Development *e] Res. No. 3120, Apportionment of Assessments for Stonebrooke 1st Addition *f] Res. No. 3121, Apportionment of Assessments for Meadows 2nd Addition *g] Res. No. 3124, Appointing Judges of Election h] Ord. No. 274, Amending Salaries of Councilmembers *i] Res. No. 3123, Establishing A Youth Building Committee *j] Res. No. 3127, Setting Hearing for Vacation of Easement *k] Res. No. 3128, Setting Hearing on Adopting a Modification to the Redevelopment Plan for T.I.F. District #8 (Bergquist) - See H.R.A. Memo #4 13] Other Business: a] b] c] 14] Adjourn to Tuesday, October 17, 1989 Dennis R. Kraft City Administrator R E V I S E D TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Session October 3, 1989 Chairman Gary Scott presiding 1. Roll Call at 7: 00 P.M. 2. Approval of the September 5, 1989 Meeting Minutes 3 . FMG\TSUMAURA Development Assistance Request 4 . Bergquist Project: Resolution No. 89-4 Setting a Public Hearing to Create Tax Increment District #8. 5. Rehab Programs Administration Agreement 6. Other Business a) b) 7 . Recess - After Council awards the two bond issues under council Agenda 11K, HRA must authorize the signing of the Pledge Agreements (the BRA pledges to give the tax increment to the City to pay the bond debts) 8. Reconvene: a) Resolution 89-5 - Series A Bonds b) Resolution 89-6 - Series B Bonds 9. Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY Regular Session SHAKOPEE, MINNESOTA September 5, 1989 Chrmn. Scott called the meeting to order at 7:00 P.M. , with Comm. Vierling, Clay, Wampach present. Late: Comm. Zak. Also present: Mayor Lebens, Dennis Kraft, City Administrator; Barry Stock, Administrative Asst and City Attorney, Julius A. Coller, II. Clay/Wampach moved to approve the minutes of August 1, 1989. Motion carried with Comm. Vierling abstaining. Comm. Zak arrived at 7:05 P.M. , and took his seat. Admin. Asst. reported the Bergquist Company filed an application for tax increment assistance with the City. They have since decided to construct their project in phases and not pursue their original construction plans. Staff believes the original commitment made to the Bergguist Company by the City of Shakopee is therefore null and void. The Bergquist Company would still like tax increment financing for their project. Concerns were then raised by the BRA that the project had not been clarified and more details need to be addressed. Zak/Vierling moved to table the preparation of necessary documents for the creation of a tax increment district for the Bergquist Project until the October 3, 1989 HRA meeting for clarification of the Bergquist Project as it relates to their proposal and the City's policies. Motion carried unanimously. Owen Nelson, Atty for Bergquist Company, stated his objection to the motion and voiced the necessity for the project to move forward in a timely manner. Vierling/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:30 P.M. Dennis Kraft City Administrator Jane VanMaldeghem Recording Secretary � 3 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Barry A. Stock, Assistant City Administrator RE: FMG/TSUMAURA Assistance Request DATE: September 28, 1989 INTRODUCTION• On September 19, 1989 representatives from FMG/TSUMAURA approached the City Council to determine if the Council would be supportive of five years tax increment assistance for their proposed development project. At that time, the City Council requested staff to provide additional data on the FMG project and report back to the City Council at their next regularly scheduled meeting. BACKGROUND: FMG is currently negotiating with four communities for the location of their regional headquarters. Shakopee has been identified as one of the candidate sites. Shown in attachment #1 is a summary of the FMG proposal. The City's current Industrial Development Incentive Program provides for three years gross tax increment assistance to qualified industrial prospects. FMG officials have requested that the City grant an additional two years of assistance in excess of the established policy. FMG officials contend that the fiscal disparity contribution and the tax climate associated with Shakopee adversely affects our level of assistance as compared to the other communities. Shown in attachment #2 is a comparative analysis between the three primary candidates under consideration for the FMG project. Note that the chart indicates the annual increment income generated in each community. In Shakopee this equates to $262,375.00. It is important to note that our competitors tax increment offer is higher due to fiscal disparities. Another factor that FMG officials are considering is the long term cost of doing business. Since Shakopee's tax climate is not as attractive as our competitors, should FMG locate to Shakopee they would have a higher annual tax burden as compared to our competitors. If one takes in to consideration the net difference in assistance levels between our competitors and Shakopee over a three year period, the net dollar incentive to locate in Chaska is $295,185.00 higher and in Chanhassen $222,915.00 higher. In other words, a three year tax increment project in Chaska and Chanhassen is nearly equivalent to a four year tax increment project in Shakopee. When considering FMG's request for five years of tax increment assistance, the City Council should also keep in mind that the FMG project would generate approximately seven times the full time job equivalents as compared to the minimum level specified in our Industrial Development Incentive Program. (This does not take into consideration the additional 150 part time employees at FMG. ) City officials should also keep in mind that over 20% of FMG's current employees reside in Shakopee. Approximately 953 of FMG's current employees reside within a 30 mile radius of Shakopee. Finally, City Council should keep in mind that FMG is not proposing a traditional tax increment financing request that we have generally implemented. The project as proposed would be structured as a "pay as you go" tax increment project. Under this scenario the developer incurs the burden of finding financing for his project and the City only commits to providing tax increment as it is received. Under this method, the City does not incur any debt and does not risk default or putting a burden on the tax payers if a problem develops with the flow of tax increment from the project for what ever reason. On September 20, 1989 the Shakopee Community Development Commission discussed the FMG proposal and the City's Industrial Development Incentive Program. At that time, they requested staff to remind City Council that the three year minimum criteria set forth in the program for tax increment assistance was a minimum guideline. When the policy was drafted, it was their intent that the three year criteria serve as a basis for considering qualified projects. It was also their intent to give the Shakopee HBA and City Council flexibility in increasing the three year minimum criteria based on the merits and economic impact of a project. While the approval of an additional two years in tax increment for the FMG project would be a deviation from our policy, staff is strongly recommending consideration of five years of tax increment assistance for the FMG project for the following reasons: 1. The FMG employment projection exceeds the minimum criteria set forth in the Industrial Development Incentive Policy sevenfold. (This does not even take in to consideration the 150 part time employees that will be employed by FMG) 2. The City's tax climate and fiscal disparity ratio are factors which at minimum justify an additional one year of tax increment assistance above our current policy when compared to Chaska and Chanhassen. 3. The FMG Company is a financially sound company that has excellent growth and expansion potential. 4. A company the size of FMG will have significant spin off employment and may generate spin off commercial/retail development. 5. The "pay as you go" tax increment method proposed for this project would not place any burden or financial risk on the City's tax payers. 6. The City's willingness to work with FMG would greatly improve the image of Shakopee in terms of our working relationship with prospective developers. ALTERNATIVES• 1. Move to support five years of tax increment assistance for the FMG project under a "pay as you go" tax increment plan. 2 . Move to support three years of tax increment assistance for the FMG project under a "pay as you go" tax increment plan. 3 . Move to support four years of tax increment assistance for the FMG project under a "pay as you go" tax increment plan. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative $1. ACTION REQUESTED: Move to support five years of tax increment assistance for the FMG project under a "pay as you go" tax increment plan. Attachment #1 FMG Project Summary Parcel #27-910-003-1 1. Proposed Facility Statistics Building Value - $5.2 million - 250,000 sq. ft. footprint - 290,000 total bldg. sq. ft. - 50,000 office - 240, 000 warehouse - 427 auto parking stalls - 20 semi trailer stalls - Glass facade and Fabcon Construction Land Value - $1.3 million - 30 Acres Employees - Approx. 350 FT - 230 FT Professional, Office, Technical - 120 FT Plant Operations Approx. 150 PT - Plant Operations Annual Payroll - Approx. $10,000, 000. 00 2 . Taxes Payable 89 assuming aforementioned building specs. - $401, 050 based on an effective tax rate of 6. 198 of Market Rate 3 . Property Market Value Prior to Development 1985 - 1989 $945.00 ($18, 000 for 30 acres) $18,000 multiplied by the tax classification ratio for vacant/undeveloped land of 5.258. 4 . Project would be a "pay as you go" project. - Under this type of financing program the developer would not receive any tax increment until they pay their taxes. The City would not have to sell bonds. Tax increment proceeds are distributed to the developer as taxes are received from the project. If no taxes are paid, no tax increment proceeds are distributed. 5. Fiscal Disparities would be paid out by the project. 6. City policy provides for three 3 years of gross tax increment; FMG has requested five years of assistance. 3 7. Assuming project completion by 12/31/90, FMG would pay first taxes in 1992. First year of increment would be disbursed to FMG on January 1, 1993 for taxes collected in 1992. 8. Based on an estimated market value at completion of $6.5 million and assuming the current State classification ratio of 5.05% and an adjusted tax capacity rate of 110% the current estimate of annual increment is $262,375. Given the City's current policy which provides for three years of tax increment to be disbursed to the developer, three years of aggregate tax increment collection would equate to $787.971. Five years of tax increment collection would equate to $1,311,875. 9. Park Dedication Fees - $28,000.00 10. SAC Fees - $575 per unit. we est. 55 units. $31, 625 11. WAC Fees - $391 per unit. We est. 55 units. $21,505 12. Tax Increment Application Fees - $2500.00 13. Water Acreage Fee - $588 per acre. $17,640 14. Sewer Acreage Fee - NA 15. Building Permit Fee - $11,939.50 Cert. of Occ. Fee - 26,000.00 Plan Check Fee - 7,760.00 Grade and Survey Check - 30.00 State Surcharge - 1.500.00 Total - $47,229.50 * Cert. of Occ. fee refund when project is complete - $23,400. 16. Electrical Connection Fee - $5000.00 - $10,000 depending on size of transformer. 17. Water Meter - $3000.00 18. Plumbing and Heating Permit - 1.25% of Contract Price 19. Electrical Inspection - ? Attachment #2 Inducement Comparative Analysis SHAKOPEE CHASKA CHANHASSE14 A. Assessor's Estimated Market Value 6,500,000 6,500, 000 6,500,000 Property Tax Classification Ratio 5.05% 5.05% 5.05% B. Tax Capacity of Completed Project 328,250 328,250 328,250 C. Less: Original Tax Capacity (945) (945) (945) D. Less: Fiscal Disparity Contribution (89,141) 0 (21,275) E. Net Captured Tax Capacity 238,164 327,305 306, 030 F. Effective Tax Capacity Rate 110,166% 90,055% 113, 321% Shakopee Pay 90, Chaska/Chanhassen Pay 89 G. Estimated Increment Income 262,375 294,755 346,796 H. Annual Difference In Increment - 32,380 84,421 Income As Compared To Shakopee I. Annual Taxes Paid (B x F) 361,620 295,605 371,976 J. Annual Difference In Taxes Paid - (66,015) 10, 356 As Compared To Shakopee K. Annual Net Dollar Incentive/Tax - 98,395 74,065 Difference As Compared To Shakopee (H - I) L. Net Difference Over a 3 Year Period - 295, 185 222,915 (K x 3) MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Barry A. Stock, Administrative Assistant RE: Bergquist Project: Resolution No. 89-4, A Resolution Setting a Public Hearing to Create a Tax Increment District and Financing Plan for Tax Increment District No. 8 DATE: September 26, 1989 INTRODUCTION• On September 12, 1989 the Shakopee City Council took action in support of working with the Bergquist Company to facilitate tax increment financing assistance for their project in accordance with the City's Industrial Development Assistance Policy. Based on this action, staff has proceeded in preparing Resolution No. 89-4, a resolution requesting City Council to approve a modification to the Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1 and to set a public hearing on the establishment of Tax Increment District No. 8. BACKGROUND: city staff has been working with the Bergquist Company since last Fall on their project development plans which initially included a 66,000 square foot building with an approximate value of $3 million. Bergquist has more recently informed City officials that they now plan to construct their project in phases. Phase I will include a 23,000 sq. ft. warehouse facility with an approximate value of $700,000. Phase I will be completed on or before December 30, 1990. Phase II will commence construction on or before July 1, 1992 with completion scheduled prior to December 31, 1993 . Phase II will be comprised of approximately a 40, 000 sq. ft. assembly and office facility and extensive remodeling of the warehouse area. Total value at completion will exceed $3,000, 000. Phase I will employ approximately 15 employees and Phase II will employ over 60 employees. In accordance with the City's Industrial Development Incentive Policy, staff is proceeding in preparing a developers agreement and subsequent amendments to the tax increment plan for the HRA's consideration. Under the proposed plan, Bergquist would not receive any tax increment assistance for Phase I of their project at this time. Tax increment collections would be passed through to the various taxing jurisdictions until Phase II of the project is complete. At that time, Bergquist would be eligible for three years of gross tax increment capture for the entire project. Staff is in the process of preparing a developers agreement which would specify the total financial inducement that Bergquist will be eligible for providing they agree to specific market values for the project. On September 28, 1989 staff met with the County Assessor and representative from Bergquist to determine the market values of Phase I and Phase II of the Bergquist project. Precise market values were not available at the time of this memo. However, staff estimate that the project at completion will generate approximately $100,000 of tax increment annually. This would equate to approximately $300,000 over a three year period. However, no money would be distributed to Bergquist until the entire project is complete. If Bergquist does not complete the project prior to December 31, 1993, no financial assistance would be granted to Bergquist. At the time of project completion, the City would sell bonds that would be supported by the tax increment generated from the Bergquist project. Resolution No. 89-4, requests City Council to approve a modification to the Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1 and to set a public hearing to solicit comments on the establishment of Tax Increment District No. 8. If the HRA approves Resolution No. 89-4, the City Council will consider approval of Resolution No. 3128 setting a public hearing to be held on November 21, 1989. This would give City officials adequate time to meet the 45 day review period requested by Scott County. ALTERNATIVES: 1. Offer Resolution No. 89-4, a resolution relating to Minnesota River Valley Redevelopment Project No. 1; Requesting the City Council to approve a modification to the Redevelopment Plan; and requesting the City Council to establish Tax Increment Financing District No. 8, and to approve a Tax Increment Financing Plan therefor. 2. Deny adoption of Resolution No. 89-4. 3. Table action on this issue pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REODESTED: HRA Offer Resolution No. 89-4, a resolution relating to Minnesota River Valley Redevelopment Project No. 1; Requesting the City Council to approve a modification to the Redevelopment Plan; and requesting the City Council to establish Tax Increment Financing District No. 8, and to approve a Tax Increment Financing Plan therefor and move its adoption. CITY COUNCIL Offer Resolution No. 3128, relating to Minnesota River Valley Redevelopment Project No. 1; calling for a public hearing on the adoption of a modification to the Redevelopment Plan for the project, the establishment of Tax Increment Financing District No. 8 in the project area, and the adoption of a Tax Increment Financing Plan therefor and move its adoption. 1 RESOLUTION NO. 89-4 RESOLUTION RELATING TO MINNESOTA RIVER VALLEY REDEVELOPMENT PROJECT NO. 1; REQUESTING THE CITY COUNCIL TO APPROVE A MODIFICATION TO THE REDEVELOPMENT PLAN; AND REQUESTING THE CITY COUNCIL TO ESTABLISH TAX INCREMENT FINANCING DISTRICT NO. 8, AND TO APPROVE A TAX INCREMENT FINANCING PLAN THEREFOR BE IT RESOLVED By the Housing and Redevelopment Authority of the City of Shakopee, Minnesota, that the City Council is requested: (a) to approve the attached modification to the Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1; and (b) to establish a new tax increment financing district in the Project Area to be designated as "Tax Increment Financing District No. 8" , and to adopt the attached Tax Increment Financing Plan relating thereto. BE IT FURTHER RESOLVED that the attached modification to the Redevelopment Plan described above is referred to the City Planning Commission for review and comment as to whether the proposed modification is consistent with the City' s Comprehensive Plan. Adopted in session of the Shakopee Housing and Redevelopment Authority of the City of Shakopee, Minnesota, held this day of 1989. Chairman ATTEST: Executive Director Approved as to form this day of 1989. City Attorney 2 RESOLUTION NO. 3128 RELATING TO MINNESOTA RIVER VALLEY REDEVELOPMENT PROJECT NO. 1; CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE PROJECT, THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 8 IN THE PROJECT AREA, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR WHEREAS, the Housing and Redevelopment Authority (the Authority) of the City of Shakopee (the City) , by resolution adopted October 3rd, 1989, has presented to the City Council, and requested it to approve, a modification to the City's redevelopment plan for its Minnesota River Valley Redevelopment Project No. 1 (the Project) , and to establish a new tax increment financing district within the Project area to be designated as "Tax Increment Financing District No. 8" and to adopt a Tax Increment Financing Plan for such District (the Financing Plan) ; and WHEREAS, the City now proposes to establish its Tax Increment Financing District No. 8 (the Financing District) in the Project Area, and to adopt a tax increment financing plan therefor (the Financing Plan) , pursuant to and in accordance with Minnesota Statutes, Sections 469.174 to 469 .179, inclusive, as amended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: 1. The City shall hold a public hearing on the adoption of a modification to the Redevelopment Plan for the Project, the establishment of the Financing District, and the adoption of the Financing Plan, at its regular meeting to be held at 7:00 P.M. on Tuesday, November 21st, 1989. 2. The City Clerk is authorized and directed to cause notice of such public hearing, substantially in the form of the attached Exhibit A, to be published in a newspaper of general circulation in the City at least once, not less than ten (10) days or more than thirty (30) days in advance of such hearing, and to send copies of the notice of public hearing and the Financing Plan to the School Board of Independent School District No. 720 and to the Board of Commissioners of Scott County. 3. The Finance Director is authorized and directed to meet with representatives of the School District and Scott County to discuss the financial impact of the establishment of the Financing District and the adoption of the Financing Plan. 4 . The City Clerk is also directed to place a copy of the proposed modification to the Redevelopment Plan and the Financing Plan on file in the City offices and to make such copy available for inspection by the public prior to the public hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1989 City Attorney EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Shakopee, Minnesota, at its regular meeting to be held at 7:00 P.M. on Tuesday, November 21st, 1989, at the City Hall, 129 East First Avenue, Shakopee, Minnesota, will hold a public hearing relating to the modification of the City's Redevelopment Plan for its Minnesota River Valley Redevelopment Project No. 1, the establishment of Tax Increment Financing District No. 8 to be located within Redevelopment Project No. 1 of the City, and the adoption of a tax increment financing plan therefor, all pursuant to and in accordance with Minnesota Statutes, Sections 469.027 to 469.029, and 469.174 to 469.179, inclusive, as amended. A copy of the proposed modification to the Redevelopment Plan and the Tax Increment Financing Plan proposed to be adopted will be on file and available for public inspection at the office of the City Clerk at the City Hall prior to the public hearing. The property to be included in Tax Increment Financing District No. 8 is located in, but does not comprise all of, the Project area of Redevelopment Project No. 1. The attached map shows the boundaries of Redevelopment Project No. 1 and proposed Tax Increment Financing District. All interested persons may appear at the hearing and present their views orally or in writing. Dated: October 3rd, 1989. BY ORDER OF THE CITY COUNCIL Judith Cox City Clerk Shakopee, Minnesota �S MEMO TO: Dennis Kraft, City Administrator FROM: Newton Parker, Housing Inspector RE: Rehab Programs Administration Agreement DATE: September 27 , 1989 INTRODUCTION• The rental code enforcement program in Shakopee is achieving its goals but not without pain to many of the owners and renters involved. There are too many cases where owners could not afford the mandated repairs and have taken units off the market . There are other cases where rents were unreasonably increased, and tenants evicted. The end result in many cases is that the lowest cost housing in Shakopee , already in short supply, is getting more scarce. The most disturbing factor, however , is that federally funded programs exist through the State that would assist owners in rehabilitating their buildings , but due to the lack of staff resources to administer these programs Shakopee is not taking part. Staff seeks permission to negotiate with the Carver County and/or Dakota County HRAs to act as administrator for these programs in Shakopee. Both Carver and Dakota have expressed an interest in helping, and both have proven expertise in administering these programs . (Carver is presently processing applications in Scott County; Scott County HRA, like Shakopee , is not sufficiently staffed to utilize these programs) . Preliminary indications are that most costa would be born by the State and by the individual applicants . The only costs to Shakopee would be for code inspections and minor consulting costs , the former already covered by the code enforcement program. The benefits of such a program would be the flow of tax dollars back into Shakopee and housing that is decent and affordable to lower income working families . BACKGROUND : Any growing community needs adequate low and medium income housing to accommodate the work force . When short of supply, housing takes more of the family paycheck leaving less for food, clothing and medical care . (Experience shows that 9 out of 10 apartments in Shakopee that rent for under $380 a month are substandard. ) This results in higher social service costs and as 2 _ competition for labor increases results in higher wage outlays for businesses . Since all communities compete for businesses and workers , a shortage of affordable housing can make Shakopee less attractive to both and thereby affect its economic health. The 1984 Federal Tax Reform all but stopped private investment in low rent housing. Cities now must rely on the few Federal and State programs available to help fund housing improvements . Shakopee risks very costly long term problems if it fails to take advantage of these tax supported programs . The Minnesota Housing Finance Agency offers a number of programs directed at the improvement of housing, with assistance targeted for a number of different needs . Shakopee has participated to a limited extent in some programs in the past like Energy Retrofits , and some Rental Rehabilitations , but due to constraints on staff time have failed to take full advantage of these resources . It takes an experienced staff to understand the many programs available , to steer the applicant to the best program, and to successfully process the paper work needed to secure the loan or grant . Exhibit A is a booklet put out by MHFA outlining the programs currently available . There is also federal money (like the 312 program used effectively by Dakota County) available to those knowledgable in the application process . The costs of training present staff and hiring new staff to handle the programs is not justified if, say, Carver HRA was willing to do the work. The State provides money for administering the grants/loans , but to break even on administration costs , larger numbers of applications must be processed. If Carver could handle our applications , it would benefit their operating costs while assisting our rehab efforts . Both organizations would benefit. Staff recommends that the appropriate City officials be directed by the HRA to work out an agreement with Carver and/or Dakota County HRAs to administer MHFA programs for the City of Shakopee . Such agreement would require final HRA approval . ALTERNATIVES : 1) Move to direct appropriat City officials to contact the Carver County HRA and/or the Dakota County HRA for the purpose of drafting an agreement for the administration of MHFA programs in Shakopee , subject to final approval by the HRA. 3 - 2) Direct staff to administer MHFA programs in-house , and draw up a budget to be approved and funded by the HRA. 3) Continue present policy which requires building owners to secure private funds for code compliance . RECOMMENDATION' Staff recommends alternative number 1 . ACTION REQUESTED : Move to direct appropriate City officials to contact the Carver County HRA and/or the Dakota County HRA for the purpose of drafting an agreement for the administration of MHFA programs in Shakopee , subject to final approval by the HRA. �XNI 3i; ' /]�j f Yr E� -, � .� �� g . �L r�. E - ` 1989 Housing Services Guide a r '= Minnesota Housing Finance Agency Helping Build a Better Minnesota k C' Table of Contents MHFA Program Page Introduction . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . .. . ... . . .. .. . .. .. . .. . . . . . . . . .. . . . . . .. .. . . . .. .. . . . . . . 1 Minnesota Mortgage Loans . .. . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . .. . . . .. . . . . . .. . . . . .. .. . . .. . .. . . . . . . . . .2 IndianHousing . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . ... . . . . . . .. .. . . . .. . . .. . . . . .. .. .. . .. .. . . . . . . . . .. .3 InnovativeHousing . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .3 HomeImprovement Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Rehabilitation Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Revolving Rehabilitation Loan Fund . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 HomeEnergy Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Rental Rehabilitation Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . .. . . . . . . . . . .6 Rental Rehabilitation Grants . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . .. .. . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . .7 Energy Improvement Loan Insurance . . . . . . . .. .. . .. . .. . . . . . .. . .. .. . .. . ... . . .. . .. .. .. . .. ... .. . . . . . . . ..8 Multifamily Housing Development . . . . . . . . . . . . . . .. . ... . . .. . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . .. . . . .9 Section Housing Assistance . . . . . . . . . .. . . . . . . . .. . ... . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . .9 Apartment Renovation Mortgages. . . . . . . . .. . . .. . . .. . . .. . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 10 Low Income Housing Tax Credit . . . . . . . . . . . . . . .. . . . . . . .. .. . . . ... . . . . . . . . . . . . . . . . .. . . .. . . . . .. . . . . . .. .11 Elderly Home Sharing . . . . . . . . . . . . . .. . . . . . . . . . .. . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. . .. .. . 12 Housing the Homeless . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... . . . . .. .. . . . . . . . . . . . . . . . .. . . . . . . . .. .. . . . . . . . . . 13 Low Income Persons Living Alone . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Introduction The Minnesota Housing Finance targeted to low and moderate Agency(MHFA)was created by the income households. In 1988.77%of Minnesota Legislature to provide the households served by the housing-related financial services to MHFXs twenty different programs low and moderate income had incomes of less than$20,000. Minnesotans for decent,safe,energy efficient,and affordable housing. MHFA programs are made possible through the interest and The MHFA provided financing for cooperation of private lenders, more than 25,000 units of affordable community action agencies,public housing in Minnesota in 1988; housing authorities,local units of however the MHFA is more than government,and nonprofit just a lending institution. In organizations throughout addition to$189 million of Minnesota These agencies act as below-market interest rate loans lenders and administrators of provided in 1988,$90 million of MHFA assistance,accepting no-interest rate loans,deferred applications and working with loans,grants,and other housing MHFA staff to provide affordable subsidies were provided by the housing in all areas of the state. MHFA. The MHFA works affirmatively to The use of several funding sources ensure that all persons,regardless of enables the MHFA to serve people race,color,creed,national origin, at different income levels. sex,religion,marital status, Approximately two-thirds of its disability status,political opinion or funds come from the sale of bonds, affiliation,or reliance on public which must be repaid.By combining assistance,will be treated fairly and bond proceeds with other subsidies equally in employment and program below-market interest rate loans can participation. be made available.Approximately one-third of its funds come from Please note that MHFA program state and federal appropriations. guidelines are subject to change and Deferred loans,grants,and other financing is not always available. housing subsidies are provided from Please contact MHFA staff(see these appropriated funds. telephone numbers listed by program in the Housing Services Housing assistance,with the Guide)for information on the exception of home energy loans,is current status of assistance. 1 Minnesota Mortgage Program The MHFA's Minnesota Mortgage financing and eligibility Program is financed through the requirements may change from one sale of tax-exempt mortgage program phase to another.It is revenue bonds.The proceeds of the important to contact the MHFA to bonds are used to provide determine current program below-market interest rate mortgage requirements and to obtain a list of financing for low and moderate participating lenders to which income fast-time homebuyers who application for financing is made. are reasonable credit risks. Since 1973 more than 25,000 All homes that are financed families have received mortgage through the program must meet financing from the MHFA.Over commonly accepted mortgage 5,100 of these recipients have also underwriting standards.Financing received downpayment and/or is made available throughout the monthly payment assistance,with state by local participating lenders, funds appropriated by the to which application for fmancing is legislature through the made. Homeownership Assistance Fund (HAFT. Applicants must be first-time homebuyers and occupy the Both downpayment and monthly property as a principal residence payment assistance are provided in within 60 days of mortgage closing. the form of an interest-free second Property to be purchased may be a mortgage loan.The MHFA new or existing single family home, currently provides up to$1,500 in townhome,condominium,or an downpayment assistance and up to existing duplex. $100 a month in monthly payment assistance to eligible borrowers. The maximum purchase price for Monthly assistance lowers homes and maximum annual payments in the early years of a adjusted applicant incomes may not loan,with gradual payment exceed those amounts established increases according to a by the MHFA,in conformity with predetermined schedule. federal government regulations,for a particular program phase.Annual Applicants for HAF assistance adjusted income is equal to annual must fust qualify for an MHFA income after certain allowable mortgage and have a more modest MHFA deductions. income than that allowed for general mortgage program participation. In January of 1989 the MHFA was able to provide$40 million in For more information or a list of 30-year fixed rate mortgages at participating lenders,call the 8.5%interest;however,terms of MHFA at 1612)296.7613 or(toll free) mortgage 1.800-652-9747 and ask for Home. 2 Indian Housing Programs Tribal Indian Housing Red Lake Housing Finance $4.6 million for the purpose of Corporation. serving the housing needs of American Indians living in urban The Minnesota Legislature has Each of the reservations develops areas.These funds have provided appropriated nearly$28 million to its own income and house price homeownership and rehabilitation date through MHFA's Tribal Indian guidelines within standard program loan financing at below-market Housing Program to provide guidelines established by MHFA. interest rates in Duluth, mortgage and home improvement The mortgage interest rates on the Minneapolis,St. Paul,and the financing to Indians in Minnesota. loans range from 3.5%to 5%. suburban Win Cities area. More than 850 loans have been MHFA provides technical made to Indians living on or off assistance for each of these In 1988 the MHFA introduced a reservation land. programs,and establishes the new homeownership program for administrative framework through Indian families purchasing their A unique aspect of tribal Indian which the various tribal programs first homes.Mortgage financing was housing is that each of the three are approved and through which available at 6%interest; Indian tribes in the state has program funds are distributed. downpayment assistance was also developed its own program to available.The MHFA anticipates address its own housing needs. another phase of this program in Tribal Indian housing funds are 1989. administered by the Minnesota Urban Indian Housing Chippewa Tribal Housing For more information concerning Corporation,the Minnesota Dakota Since 1978 the Minnesota Tribal or Urban Indian Housing Indian Housing Authority,and the Legislature has also appropriated Programs,call the MHFA at(612) 297-4060. Innovative Housing Loan Program The Minnesota Housing Finance 'Ib date the MHFA has helped to Paul;a women's transitional Agency's Innovative Housing Loan finance a variety of unique housing housing facility in Duluth;an earth Program operates as an$800,000 developments,including'.a 12-unit, sheltered rental housing revolving loan fund,which was owner-occupied,earth sheltered development,fully accessible to initially authorized and townhouse development and the disabled people,in Coon Rapids;and appropriated by the Minnesota conversion of 71 one-bedroom the rehabilitation of abandoned Legislature in 1977.The program apartments into 56 units of rental farmhouses in the St.Cloud area. provides loans without interest to housing for modest income families nonprofit sponsors and low interest in Minneapolis;a district heating The MHFA's Innovative Housing loans to for-profit sponsors to project,a townhouse development Loan Program accepts applications develop housing that is innovative for"empty nester"homeowners, for loans on a continuing basis. in design,construction,marketing, and an independent living home for and/or financing. the developmentally disabled in St. For more information contact MHFA staff at(612)296-7613. 3 Home Improvement Loan Program The MHFAs Home Improvement livability or energy efficiency of a While all improvements made Loan Program,operating since home.Examples of eligible must be in compliance with 1975,has provided assistance to improvements include: applicable housing and building more than 48,000 households codes,a loan application may not be throughout the state. • Plumbing,electrical wiring, denied solely because the roofing,and heating improvements do not place the Financed through the sale of • Constructing a room addition: property in full code compliance. tax-exempt bonds,the program is • Remodeling a kitchen or supplemented by state bathroom; Application for MHFA home appropriations,which are used to • Installing storm windows, improvement financing should be reduce the borrower's interest rate insulation,or solar heating made to one of the participating on a loan.The program offers home equipment; lenders. improvement loans at rates which • Making accessibility are based on a borrower's income. improvements for a disabled For more information or a list of For the current program,the person. participating lenders,call the interest rates are as follows: MHFA at(612)296-7615,or(toll Some improvements are not free)1-800-652-9747 and ask for Annual Annual eligible for financing under this Rehab. Adjusted Income Interest Rate program. Ineligible improvements Up to$ 7,000 3% include:fireplaces,decks,patios, Local Participation $ 7,001 to$12,000 5% swig pools,and other $12,001 to$17,000 7% recreational or entertainment Cities with populations of over $17,001 to$27,000 9%v facilities.Mobile homes and trailers 5,000 may request a local are not eligible to receive MHFA participation commitment of Home The maximum annual adjusted home improvement financing unless Improvement Loan Program funds income for application is$27,000 they are feed on a permanent to address housing issues of and the homeowner must occupy the foundation and assessed as real particular concern to the property(of not more than four property. community. In the most current units)to be improved.Up to$15,000 applicant must be a reasonable program phase,a total of$1,000,000 may be borrowed for a term of up to a pP has been committed to six 15 years. credit risk,with ability to repay the communities in this local loan obligation.Loans in excess of participation effort. An MHFA home improvement $2,500 must be secured by a second loan may be used to increase the mortgage. 4 Rehabilitation Loan Program The Minnesota Legislature has the improved property within ten make permanent modifications that appropriated a total of nearly years of the loan date. would reduce or eliminate problems $24 million for the MHFA's with mobility,self-care,or other Rehabilitation Loan Program since The MHFA contracts with basic needs in the home caused by a 1981.More than 5,300 loans have community action agencies,public long-term physically disabling been funded. housing authorities,and other condition. public agencies for the processing of Rehabilitation loans are designed rehabilitation loan applications. For the first nine months of the to provide assistance to low income 1987 program year,priority was homeowners who occupy the For more information or a list of given to applicants who met the property(of no more than two units) administrators,call the MHFA at rehabilitation loan limits of no more to be improved. Rehabilitation loans (612)296-9807. than$7,000 in income and$25,000 are to be used for basic repairs that in assets.Beginning in July of 1988 make a home more livable.more Access Fund applicants with incomes of up to energy efficient,or more accessible $27,000 would have been eligible to to a disabled occupant. In 1985 the Minnesota apply,if funds had remained. Improvements such as electrical Legislature appropriated$500,000 wiring,plumbing,roofing,heating, to the MHFA for accessibility The MHFA has assisted more and insulating may be eligible. deferred loans.Since then another than 100 households with $1.25 million in appropriations has accessibility deferred loans. Applicant annual adjusted income enabled the MHFA to offer may not exceed$7,000 and assets assistance for accessibility For more information concerning (excluding the value of the property improvements. home accessibility modifications to be improved and two surrounding and other programs available to acres)may not exceed$25,000. Funding of up to$10,000 may be improve,construct,or purchase a available to households with a home with accessibility features.call Rehabilitation loans are without disabled member.Loans are without MHFA staff at(612)296-2257 or interest.A deferred loan need not be interest and under certain (toll free) 1-800-652-9747 and ask for repaid unless the borrower sells, circumstances may be forgiven after Housing Finance Agency number transfers,or ceases to live in five years.Funds may be used to 296-2257. Revolving Loan Fund MHFA has designated$3 million the seven-county Twin Cities area or same basic repairs that are eligible for a new revolving rehabilitation $12,000 in the rest of the state. under the MHFA's Rehabilitation loan fund.The purpose of this fund Assets may not exceed$25.000 Loan Program and the funds will be will be to assist people who are not (excluding the house to be repaired available through the same public eligible for assistance through the and the land upon which it is agencies currently participating in MHFA's Rehabilitation Loan located).Up to two contiguous lots the MHFKs Rehabilitation Loan Program or Home Improvement of plotted land or 160 contiguous Program. Loan Program or through any other acres of unplotted land may be locally available housing rehab excluded from assets,as well as real For more information or a list of program, estate,equipment,supplies,and administrators,contact MHFA staff inventory used in a business. at(612)296-9807. Applicant annual adjusted gross income may not exceed$15,000 in Improvements are limited to the 5 Home Energy Loan Program In 1983 the legislature authorized conservation improvements as: repay the loan.The interest rate on the Minnesota Housing Finance the home energy loans is 8718% at Agency's Home Energy Loan • Storm doors and windows; this time. Program.The program is funded • Weatherstripping and caulking; with a combination of taxable bond • Insulation; Financing is available through sale proceeds,appropriations,and a • Furnace repair,modification or participating local lenders in most refund based on Exxon Corporation replacement. areas of the state,except Duluth, oil pricing violations.The MHFA The property to be improved must which has its own energy has provided below-market interest be an owner-occupied,single family conservation program. rate loans to over 13,000 qualifying dwelling. homeowners for the purpose of For more information or a list of improving the energy efficiency of There are no income limits for lenders to which application for their homes. applicants under the Home Energy financing may be made,contact the Loan Program;however,an MHFA at(6121296-7615 or OR free) Loans of$1,000 to$5,000 may be applicant must be a reasonable 1-800-652-9747 and ask for Home obtained for a term of up to five credit risk with the ability to Energy Loans. years,to finance such energy Rental Rehabilitation Loan Program The MHFA Rental Rehabilitation government who work with rehabilitation also may be done to Loan Program provides participating local lending improve livability or accessibility below-market interest rate institutions to process loan for a disabled person. improvement loans to owners of applications. rental housing occupied primarily Maximum loan amount is$8,000 by low and moderate income The borrower must own the per unit or$40,000 per multifamily tenants. property individually—not as a structure,whichever is less.Single corporation,partnership, family rental property owners may Funds are available in selected association or other entity. borrow up to$15,000. areas at a 7.45%interest rate for a Financing is to be used to bring the maximum term of 15 years.The structure into compliance with state For more information concerning MHFA program is administered by energy conservation standards for the terms and availability of participating nonprofit rental housing.If the structure is financing,call the MHFA at organizations and local units of 15 years old or older other moderate (612)296-7615. 6 Rental Rehabilitation Grant Program The U.S.Department of Housing • Neighborhood rents we Greater Minnesota and Urban Development(HUD) generally affordable to lower Rental Rehabilitation Grant Program income families. Albert Lea Nicollet County provides rehabilitation assistance for • Neighborhood rents are not Alexandria Red Wing rental property through federal expected to change materially Austin Rochester appropriations,used in conjunction in the five years following Bemidji St.Cloud with private financing. rehabilitation. Brainerd Sibley County Faribault Wabasha County The MHFA has received a total of Eligible uses of funds include: Faribault County Waseca County 54.3 million in federal grant funds to accessibility improvements, Goodhue County Watonwan County assist the rehabilitation of an improvements that bring property Mankato Winona County estimated 1,500 units in designated into compliance with state energy Martin County (excluding the communities throughout the state. conservation standards,or major City of Winona) In order to minimize the systems repair.Improvements that displacement of families residing in correct substandard conditions,as Twin Cities area buildings to be rehabilitated,HUD defined by applicable codes,or has authorized the MHFA to Section 8 Housing Quality Anoka County Hilltop allocate up to one Section 8 housing Standards deviations are eligible for Carver Shakopee assistance certificate or voucher for funding."Soft"costs,such as Chaska Washington each$7,500 in grant funds,to be architectural,engineering,or Columbia Heights County made available to eligible families. professional services used in the plan preparation;lender fees,fees For more information concerning Rental property owners who apply for title evidence,and recordation or this program,for a list of eligible for financing under this program filing fees;or relocation benefits to communities,or for application must provide a dollar-for-dollar displaced individuals,as authorized materials contact MHFA staff at matching of private funds.Grants by MHFA,may also be considered (612)296-9848 or(toll free) may range from$300 to$5,000 per as eligible uses of rental rehab grant 1-800-652-9747 and ask for the unit.Property to be improved must funds. Rental Rehabilitation Grant be in an eligible location in which: Program. The following communities and • Median income does not exceed counties are participating with the 80%of the area median income MHFA in the implementation of this established by HUD. program: 7 Energy Improvement Loan Insurance Program The Minnesota Legislature has The term of a loan insured under appropriated$1.5 million for the the MHFA program may not exceed Energy Improvement Loan 15 years.Maximum original Insurance Program.Under this principal amount may not exceed program the MHFA provides up to $15,000 for properties of one or two 90%insurance for market rate units;or$5,000 per dwelling unit for energy conservation loans obtained properties having more than two by rental property owners through units.Eligible improvements participating lenders.The unique include:weatherstripping,caulking, aspect of this program is that it insulation,storm doors and serves owners of rental property windows,and heating and hot water purchased with contracts-for-deed, system repair or replacement. who otherwise may not be able to secure loans to cover the costs of The MHFA's energy improvement energy related improvements. loan insurance is available through participating private lenders in Borrowers must have at least a Minneapolis and St.Paul.Since one-third interest in the property in 1984 the MHFA has insured 750 order to qualify for insurance under loans to improve more than 3,000 the MHFA program. Property which housing units. needs to be brought into compliance with state energy conservation For more information concerning standards for rental housing may be this program contact MHFA staff at eligible if it was built prior to (612)2969848 or(toll free) January 1, 1976.While insured loan 1.800-652-9747 and ask for the proceeds must be used to bring Guarantee Program. property closer to code compliance, an insurance application will not be denied solely because a property is not in full code compliance following improvement. 8 Multifamily Housing Development Program The MHFAs Multifamily Housing land cost write-downs,tax restrictions on bond issuers and Development Program has provided increment financing districts,and rental property owners that make it affordable rental housing through leveraging of other public funds. more difficult to construct housing the sale of tax-exempt and taxable This local assistance has been at rents that are both affordable and bonds,as well as other sources of important to the success of adequate to support development financing, to generate below-market affordable rental housing costs. interest rate financing for development. developers.Construction and For more information,to permanent financing may be Enactment of the federal Tax determine the current availability available. Reform Act of 1986 has limited the and terms of financing,or to make amount of tax-exempt financing application for financing under this Local governments have provided available for multifamily housing program.contact MHFA staff at further assistance in the form of development.That law places (612)297-3294. Section 8 Housing Assistance The U.S.Department of Housing Maximum annual incomes for The MHFA has financed over 230 and Urban Development THUD)no Section 8 eligibility vary within the developments throughout the state longer provides Section 8 housing state. In the seven-county Twin containing Section 8 units. assistance for use in newly Cities area,maximum incomes were Approximately one-half of the total constructed rental housing for low as follows in 1988: number of units in these and moderate income people. $21,700 for one person developments are intended for Between 1975 and 1981,however, $25,900 for a family of two elderly tenants;one-half for families. the MHFA financed the $29,150 for a family of three At least 5%of these units are construction of over 16.000 rental $32,400 for a family of four accessible to disabled people. housing units,most of which $34,450 for a family of five currently are eligible for Section 8 Applications for residence in an assistance. Tb be eligible for Section 8 MHFA-financed multifamily rental assistance,an applicant must be: unit should be made directly to the Under the Section 8 program,the management agent of the teuant's share of monthly rent will • within eligible income limits at development. For a List of agents or be up to 30%of monthly household the time of move-in;and eligible income limits in all areas of income.HUD pays the balance of • elderly,handicapped,or the state,call the MHFA at the rent,the difference between the disabled;or (612)296-7618. Please note that tenant's share and the fair market many developments have tenant rent of the unit as determined by • a family of two or more;or application waiting lists. HUD.The tenant's income is recertified annually.Should income ' displaced by government action change,the tenant's contribution or a declared disaster. will change proportionately. 9 Apartment Renovation Mortgage Program Proceeds from the sale of taxable financing also may be used for revenue bonds provide the financing general moderate rehabilitation. for the MHFA's Apartment Eligible developments must have at Renovation Mortgage Program, least five housing units;larger which began in early 1987.This developments are encouraged. program has two main goals:to improve the quality of existing At closing 75%of the units in a multifamily rental housing and to development must be occupied by maintain its affordability to low and low and moderate income tenants moderate income tenants. whose incomes may not exceed MHFA limits.After renovation Below-market interest rate loans gross rents generally may not are available for terms of up to 30 exceed 110%of gross rents at the years to qualifying nonprofit and time of loan application. In order to for-profit property owners maintain affordability,the MHFA throughout the state.Financing of also restricts rent increases for ten up to 90%loan-to-value ratio(based years to no more than 5% annually on an income approach to value) lin excess of increases to cover may be used for the purchase or operating expensesl• refinancing of existing multifamily rental housing that needs to be Approximately$20 million will be brought into compliance with state available annually for apartment energy conservation standards. renovation mortgage financing.As of the end of 1988 the MHFA had For developments less than 15 financed more than 700 rental units. years old,financing is available to purchase or refinance existing For more information or to apply structures and to finance energy for financing under this program, related improvements.For contact MHFA staff at(612) developments aged 15 years or older, 297-3294. 10 Low Income Housing Tax Credit Program ' The federal Tax Reform Act of least 40%of the units must be 1986 altered certain aspects of occupied at prescribed rents by existing tax law,thereby making households with incomes of 60%or housing development more difficult. less of was median income. Eligible It also included,however, a incomes and rents are established by provision for tax credit to the U.S.Department of the developers and owners of qualifying treasury.While the credit is rental housing for low income available for no more than ten years. tenants. these occupancy requirements must be maintained by the property The credit reduces the tax owner for 15 years. liability,for up to ten years,of owners of eligible new,existing,or Applicants with eligible buildings rehabilitated rental housing.The located within the jurisdictions of a annual amount of credit available is local credit administrator should determined by the type of housing apply to the local administrator for —new,existing,or rehabilitated— allocation of the credit until October and when it is placed in service. 1,annually(until December 31, 1989).Applicants with eligible The U.S.Department of the buildings located outside the Treasury, Internal Revenue Service. jurisdiction of a local credit promulgated the rules governing administrator should apply to the program operation and allocated MHFA.After October 1 any unused credit amounts to the states in the tax credit is returned to the MHFA spring of 1987.Minnesota received to be made available statewide.At approximately$15 million worth of least 10%of the credit amount credit to be made available to rental available each year must be set aside property owners from January 1, for nonprofit organizations. 1987,to December 31, 1989.The MHFA administers the credit Nearly 90 buildings received statewide,except in those areas credit through the end of 1988.The where eligible local credit MHFA has already reserved tax administrators have been credits for 40 buildings in 1989 and designated-Six cities and two will provide credit to additional counties offered tax credit to local buildings by the end of the year. housing developers in 1988. For more information,a list of At least 20%of the units in a eligible communities in which credit qualifying building must be is available,or to obtain application occupied at prescribed rent levels by material,contact MHFA staff at households with incomes of 50% or (6121297-3294. less of area median income;or at 11 YnYnYnYnYnYnYnY Elderly Home Sharing Program Many elderly people find that If you are interested in home Mankato Board of Social Ministry staying in their homes may become sharing please contact the agency 718 Mound Avenue increasingly difficult because of the that is nearest to you. For more Mankato,MN 56001 expense,required maintenance,and information feel free to contact (5071345-4576 sense of isolation that can occur. MHFA staff at(612)296.9846. One solution for these homeowners Mower County Seniors, Inc. is to share their homes with someone Catholic Charities of 1601 S.E.4th St. else.Home sharing can provide St.Cloud Austin,MN 55912 homeowners with rental income,the 1730 South 7th Avenue (507)433-8831 companionship or security of having St.Cloud,MN 56301 another person in the home,or (612)252-0412 Red Wing HRA perhaps even assistance with 433 West Fourth Street household chores. Human Services, Inc.in Red Wing,MN 55066 Washington County (612)388-2372 Since 1985 the MHFA has 7066 Stillwater Blvd.North received$400,000 from the Oakdale,MN 55119 legislature for grants to nonprofit (612)777-5222 sponsors of programs that assist elderly homeowners in finding Lutheran Social Services suitable people with whom to share of Minnesota their homes.A total of sixteen 2414 Park Avenue grants have been made to ten Minneapolis,MN 55404 different agencies throughout the (612)774-9507 state to establish or continue operating home sharing programs. The agencies listed here received MHFA funds in 1987 and 1988 and currently operate home sharing programs. 12 Housing the Homeless The Minnesota Legislature McKinney Supportive handicapped homeless people in appropriated$150.000 to the MHFA Anoka County. sing Demonstration to provide housing for homeless Hou people,under a demonstration Program The MHFA currently is accepting program.Three grants in the total applications for the Permanent amount of$60.000 have been made The MHFA is also participating in Housing for the Handicapped to nonprofit sponsors for the a federally-funded effort to assist Homeless and Transitional Housing acquisition and rehabilitation of homeless people.A grant of$550,000 Demonstration Programs permanent housing for up to 14 from the U.S.Department of authorized under the Stuart B. homeless people.The remainder of Housing and Urban Development, McKinney Homeless Assistance the funds will be committed by the supplemented by a$200,000 Act of 1987. end of 1988. deferred loan from the M HFA, provided for a women's transitional For more information concerning A report will be made to the housing facility in Duluth.A funds available to assist homeless legislature concerning future $76,000 deferred loan from the people,please contact the MHFA at programs for homeless people,based MHFA assisted a facility for (612)296-9822. on the experience of this demonstration. Low Income Persons Living Alone Program In 1987 the Minnesota will be individuals who do not live The MHFA requires that Legislature appropriated$500.000 with a minor child,who are not developments receiving assistance to the MHFA for the purpose of qualified for low income housing as under this program be maintained assisting nonprofit sponsors in either elderly or disabled,and whose as housing for low income people providing affordable housing to low annual gross incomes do not exceed living alone for five years following income single people, who 150%of the federal poverty level. the date of the grant. frequently are not eligible for federally assisted housing. Grants ranging from$35,000 to For more information please $135,000 were made to six nonprofit contact MHFA staff at(612) The MHFA funded grants of up to sponsors.These grants funded 296-9846. 50%of the proposed development rental housing developments for 94 cost of rental housing.Occupants low income people living alone. 13 STATE OF MINNESOTA ) EXECUTIVE DIRECTOR' S SS COUNTY OF SCOTT ) CERTIFICATE I, the undersigned, being the duly qualified and acting Executive Director of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, do hereby certify: (a) that attached hereto is a full, true and correct copy of Resolution No. 89-- which was duly adopted by the Authority at a special meeting of the Authority held on 1989 ; and (b) that said meeting was duly called and held pursuant to notice as required by law, and a quorum of the members of the Authority was present at the meeting and voted on said Resolution. WITNESS my hand as such Executive Director of the Authority this day of 1989 . Executive Director Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota [SEAL] RESOLUTION NO. 89- 5 RESOLUTION APPROVING TAX INCREMENT PLEDGE AGREEMENT RELATING TO $3 , 600, 000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1989A WHEREAS, at the request of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "Authority") , the City of Shakopee, Minnesota (the "City" ) , has awarded the sale of, and will issue, its $3,600, 000 General Obligation Tax Increment Bonds, Series 1989A, to be dated November 1, 1989, 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, that the Tax Increment Pledge Agreement between the Authority and the City, attached hereto and made a part hereof, is hereby approved; and that the officers of the Authority are hereby authorized and directed to take such steps as may be necessary to execute said Agreement, in substantially the form as attached, upon approval and execution thereof by the City, and to carry out and fulfill the provisions and requirements thereof. Adopted by the Board of Commissioners of the Authority this 3ra day of nrrnhcr , 1989 . BY THE BOARD OF COMMISSIONERS Chairman ATTEST: Executive Director TAX INCREMENT PLEDGE AGREEMENT This Tax Increment Pledge Agreement (the "Agreement") dated as of November 1, 1989, is by and between the City of Shakopee, Minnesota (the "City" ) , and the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "Authority") , and provides as follows : WHEREAS, at the request of the Authority, the City Council has, on or before the date hereof, adopted a resolution (the "Bond Resolution") awarding the sale and authorizing the issuance of the City' s $3,600, 000 General Obligation Tax Increment Bonds, Series 1989A, dated November 1, 1989 (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 principal and interest on the Bonds, and pursuant to Minnesota Statutes, Section 469 . 178, Subdivision 1, 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, if 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 Available Tax Increments thereafter received by the Authority. As used in this Agreement, "Available Tax Increments" means tax increments derived by the Authority from its Tax Increment Financing Districts Nos . 1 and 4 (collectively, the "Districts") within the Authority' s Redevelopment 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 both of the Districts and to pledge or otherwise dedicate tax increments from either of the Districts to purposes other than the payment of the Bonds - upon a finding by the Authority that the estimated Available Tax Increments then remaining will be sufficient from year to year to discharge the Authority's payment obligations on the Bonds pursuant to this Agreement. 2 . An executed copy of this Agreement shall be filed with the County Auditor of Scott County, as required by Minnesota Statutes , Section 969 . 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 And Its City Clerk HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA By Its Chairman And Its Executive Director OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 12, 1989 Mayor Lebens called the meeting to order at 7:00 P.M. with Cncl. Zak, Clay, Scott and Wampach present. Cncl. Vierling was absent. Also present were Dennis Kraft, City Administrator; David Hutton, City Engineer; Gregg Voxland, Financial Director; Julius A. Coller II, City Attorney; Barry Stock, Administrative Assistant; and Judith S. Cox, City Clerk. Barry Stock reviewed the request by the Bergquist Company for Council to reconsider their action on ordering a feasibility study for requested improvements adjacent to their property. The approximate cost of the feasibility study including the traffic study would be approximately $10,000. Clay/Zak moved to reconsider the Council's denial of the request of Bergquist Company to prepare a feasibility report for road improvements. Motion carried unanimously. Zak/Wampach moved to direct staff and appropriate city officials to negotiate and enter into an agreement with a consultant for the purpose of completing the feasibility report and traffic analysis for the Bergquist project. Roll Call: Ayes: Cncl. Wampach, Scott, Clay and Zak Noes: Mayor Lebens Motion carried. Zak/Clay moved to support working with the Bergquist Company and their efforts to complete their development project including facilitating access to their property based on the study and the securing of any tax increment financing assistance in accordance with the City's industrial development assistance policy. Motion carried with Cncl. Scott and Mayor Lebens Opposed. Zak/Clay offered Resolution No. 3109, A Resolution Ordering the Preparation of a report on an Improvement to an Unnamed Street Located in Section 30, Township 115, Range 22 Immediately Adjacent to the South Property Line of the Bergquist Company (P.I.D. 27- 910002-0) and moved for its adoption. Roll Call: Ayes: Cncl. Wampach, Zak and Clay Noes: Cncl. Scott and Mayor Lebens Motion carried. Zak/Clay moved to direct staff to take the steps to set up a Tax Increment District for Bergquist Company. Motion carried with Cncl. Scott and Mayor Lebens opposed. Barry Stock reviewed a prepared ordinance which would amend the existing refuse collection ordinance and which would move Shakopee in the direction of a closed refuse collection program. Proceedings of the September 12, 1989 Shakopee City Council Page -2- Norbert Schmitt, 963 Atwood, owner of Shakopee Services, said he has worked in the Hauer Addition since 1962 and he believes that all people even on the other side of the bypass should be eligible for this service. He feels that all the other smaller refuse collectors will go out of business if this is passed. Discussion ensued on whether or not to allow private haulers within the city limits of Shakopee. The proposed ordinance says that in 1992 when the current contract is up, it will be rebid and all residents will have to go with the city's selection. Scott/Clay moved to leave the existing refuse ordinance as it presently stands and put the recycling regulations in a separate ordinance. Consensus was to look at closed refuse collection 1992 when the current refuse contract expires and new bids are sought. Motion carried unanimously. Clay/Wampach moved to authorize the proper city officials to execute an easement for lake access over the East 12 feet of that portion of the plat of Timber Trails designated as "park" and located immediately adjacent to and westerly of Lot 2, Block 5 for property owners of Timber Trails and Stonebrooke Subdivisions. Motion carried unanimously. Wampach/Zak moved to remove Scott County 1990-94 Capital Improvement Plan off the table. Motion carried unanimously. The City Administrator reviewed the Capital Improvement Plan for the City for the years 1990-1994. He said the City Engineer feels that County 16 from County Road 17 to County Road 18 should be reconstructed now to a four lane cross section prior to 1994. Scott/Zak moved to accept and file the 1990-94 Capital Improvement Plan. Motion carried unanimously. Clay/Wampach moved to direct appropriate staff to extend the City Engineer's concerns and comments to the appropriate County officials and bring back to council. Motion carried unanimously. Clay/Wampach offered Ordinance No. 275, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code, Chapter 11 entitled "Land Use Regulation (Zoning) " by Amending Section 11. 02 by Adding Definition for "Twin Homes"; by amending Section 11.03 by Adding Exclusion provisions and by Amending Section 11.30 (B- 2) Subd 3 by Expanding Conditional Uses and by Adding by Reference Shakopee City Code Chapter 1 and Section 11.99, Which Among Other things, contain Penalty provisions, and moved its adoption. Motion carried unanimously. The City Administrator said that the Community Development Commission made a recommendation on August 16 to eliminate left turns off of Highway 101 for westerly traffic onto Lewis or Holmes Proceedings of the September 12, 1989 Shakopee City Council Page -3- street between 7:00 a.m. and 7:00 p.m. He said several businesses had opposed that change when Council discussed it earlier this year. Wampach/Clay moved to maintain status quo on the issue of allowing left hand turns onto Lewis and Holmes. Motion carried with Cncl. Scott opposed. Wampach/Zak moved to authorize City Administrator to respond negatively to the Statewide Code of Ethics for Elected Officials and Public Employees. Motion carried unanimously. Discussion ensued on the Assessment Agreement with Scott County. Cncl. Scott said he is not supportive of the annual 108 increase in cost from the City to the County over a 5 year period of time. He feels there is a lack of continuity and of general knowledge in the way the present assessor is doing things. Clay/Wampach moved to concur with the prior action taken at the previous meeting to approve a one year assessment agreement with the County of Scott for the 1990 assessment year for $26,700. Roll Call: Ayes: Cncl. Wampach, Clay and Mayor Lebens Noes: Cncl. Scott and Zak Motion carried. Wampach/Clay moved to reconsider Resolution No. 3110, A Resolution Providing for the Issuance and Sale of $3,600,000 GO Improvement Bonds Series 1989A. Motion carried unanimously. Wampach/Clay moved to deny Resolution No. 3110, A Resolution Providing for the Issuance and Sale of $3, 600,000 GO Improvement Bonds Series 1989A. Motion carried unanimously. Wampach/Clay offered Resolution No. 3113, A Resolution Relating to $1,965,000 General Obligation Tax Increment Bonds, Series 1989A; Calling for the Public Sale Thereof, and moved its adoption. Roll Call: Ayes: Cncl. Clay, Zak, Wampach and Scott Noes: Mayor Lebens Motion carried. Zak/Clay Offered Resolution No. 3114, A Resolution Relating to $1,635,000 General Obligation Tax Increment Bonds, Series 1989B; Calling for the Public Sale Thereof, and moved for its adoption. Roll Call: Ayes: Cncl. Clay, Zak and Wampach Noes: Cncl. Scott and Mayor Lebens Motion carried. Clay/Wampach moved for a 10 minute break. Motion carried unanimously. Zak/Scott moved to reconvene at 8:45 p.m. Motion carried unanimously. Proceedings of the September 12, 1989 Shakopee City Council Page -4- The City Administrator said that the funding of the joint tax study has been renegotiated with the Olson Theilen Firm and the City's 1/3 cost of the study would not exceed $21, 100. Wampach/Zak moved to approve participation in the joint tax study with the Scott County Board of Commissioners and ISD 720 in the amount of $20,416. 67 plus out-of-pocket expenses provided that the other two governmental entities also fund their representative one- third shares of the study, and further to direct the appropriate City officials to enter into an agreement with Olson Theilen for the conduct of the study. Roll Call: Ayes: Cncl. Zak, Wampach and Clay Noes: Cncl. Scott and Mayor Lebens Motion carried. The City Administrator reviewed the Super 8 Partnership Application for Reduction in Assessed Valuation. He said he received clarification on the actual tax capacity being $43,137.00 not as originally stated at $14,910.00. Clay/Zak moved to not appeal the Super 8 Partnership Application for reduction in assessed Valuation and let stand as originally stated. Motion carried with Cncl. Scott opposed. Discussion ensued on the 1990 Budget and public improvement priorities for the City of Shakopee. Scott/Wampach moved to have the City Finance Director and City Engineer get together and prioritize the items and bring it back to the Council with a realistic assessment of what we should be looking at. Motion carried Unanimously. The City Administrator explained his proposed staff changes to transfer Barry Stock from the position of Administrative Assistant in Community Development to Assistant City Administrator in Administration, and that a beginning level planner be created instead of filling the Community Development Director position; that the personnel functions and the management information systems functions be transferred from the Finance Department to the Administration Department (under Barry Stock) ; and transfer transit, refuse and recycling to planning when the Planner I is hired. Clay/Scott moved that it become policy for the City Administrator to have the authority to change, reorganize staff without coming to Council except for salary adjustments. Motion carried unanimously. Clay/Wampach moved to have the pay for City Council increased to $7,200 per year and $8,400 per year for Mayor and not allow any per diem or travel expenses and any other expenses to be pre- approved. Motion carried unanimously. Proceedings of the September 12, 1989 Shakopee City Council Page -5- Scott/Zak moved to adjourn to September 19, 1989. Motion carried unanimously. e^ening adjourned at 9:20 p.m. yY tt C S. Clerk Carol L. Schultz Recording Secretary AV ?0_� Northam States Power Company Edina Ane 5309 West Mh street September 13, 1989 Edina, Minnesota 56!35-3264 Telephone(612)8294500 Mr. Dennis Kraft, City Administrator City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Kraft: Northern States Power Company today is meeting with Minnesota Public Utility Commission members to inform them that we will file later this year to increase electric rates. Although it is too early for specific figures, we are asking for a 9-10 percent increase. We are requesting that interim rates be effective in early 1990. This request is necessary for NSP to continue offering competi- tive prices and reliable service. NSP has been successful in keeping electric rates down; in fact, the real cost of electricity has actually declined below the inflation rate. That doesn't happen by accident. Over the last two years, for example, we have instituted such cost cutting measures as an early retirement program, a major reorganization, have re- evaluated existing programs and held the line on our budgets. We continue working on ways to supply the electricity you need at the lowest possible rates. For example, we are spending money on retrofitting older power plants to keep them running, so that we can defer building plants. To control energy costs, we are working with our commercial and industrial customers to identify savings through conservation and load management. In addition we are working in many communities to encourage business development within the NSP service area to ensure a healthy economy. These are some of the many investments NSP must make for the future. We don't like to increase prices, but a rate increase is necessary so you can continue to enjoy reliable, competitively priced service. In our never-ending drive to cut costs, we will not compromise reliability, safety or customer service. If you have questions or comments about NSP's proposed rate increase or our programs and services, please contact me at 829-4504. Sincerely, Stuart E. Fraser Community Services Manager '�330NSENT g b MEMO TO: Dennis Kraft, City Admin-i for FROM: Judith S. Cox, City Clerk RE: Liquor Licenses for VFW DATE: September 26, 1989 INTRODUCTION: The City has received a letter from the Shakopee VFW asking for assurance that the Council will transfer their on-sale intoxicating club liquor license to a new location after construction is completed. BACKGROUND: Mr. Robert Shannan, Commander, VFW Post #4046, submitted the attached letter for Council's consideration. As you are aware the Shakopee VFW has had plans for constructing a new facility on Marschall Road and 3rd Avenue for some time. They are currently seeking financing for the new building. One of the conditions of the financing application is that the VFW receive assurance from the City Council that their club liquor license and gambling license will be transferred to the new location upon completion of construction. The City Code simply provides that the transfer of a liquor license from one location to another needs consent of the City Council upon payment of the fee for duplicate license. It is not necessary for a new application to be made by the licensee. The current zoning for the proposed site for the VFW is B-1, Highway business. Within the B-1 Highway Zone, a Conditional Use Permit is required for: A) A tavern - an establishment where a majority of customers order and are served intoxicating liquor and consumed by him while seated at a counter or table. B) Restaurants (Class II) - restaurants which serve intoxicating liquor or have live entertainment. C) Cultural and fraternal institutions. A number of years ago the VFW did obtain a Conditional Use Permit for a fraternal institution for this location. Conditional Use Permits are only good for one year. Since construction on the new facility did not begin within one year, the Conditional Use Permit has expired. Recently the VFW did make application for a new Conditional Use Permit for their facility. On July 6, 1989, the Planning Commission held a public hearing on their application for a Conditional Use Permit for a fraternal institution; and the Conditional Use Permit was approved. According to the City Planner, the Conditional Use Permit does authorize the VFW to conduct their current operation (including a fraternal institution, a tavern and/or resturant) at the new location. RECOMMENDED ACTION: Move that this City Council sees no reason why a future City Council would not approve the transfer of the Shakopee VFW Post #4046 on-sale club liquor license and gambling license (assuming that they are valid) from their current location at 132 East 1st Avenue to a new location at 3rd Avenue and Marschall Road, provided any required Conditional Use Permit is in effect. JSC/tiv i �J6ev( 14� `ru. `. b v.C� . PoS� 4Eu {Co SG.-1�,�eei tur( VIticw Vl e--(- cVu ave aware OC- OuV coe Seek ��uauEu�� �� aurk�w 6LJJtkci We zke asi�Q� +(r �ssuc�.tie��ctru e Ccac.. ��1 �l lxet ©uv, l'Icbuo�- &-k&d kcilis � wall lie r� 6ecec� rq `�aT Iu �DC� 614x MEMO TO: Dennis R. Kraft, City Adm' is ator FROM: Judith S. Cox, City Clerk RE: Vacation of Easements to Al w for Expansion of K-mart DATE: September 29, 1989 INTRODUCTION: On September 5th Council set a public hearing for October 3rd to consider the vacation of a utility easement to allow for the expansion of the K-mart store located at in the Shakopee Town Square (formerly Minnesota Valley Mall) . BACKGROUND: The K-mart Store will be expanding into the Mall area plus they plan on adding on behind part of the Mall area. There is a watermain running immediately behind the Mall and the proposed expansion will be located in part over this watermain. The property owners are working with Shakopee Public Utilities and plan on having the watermain relocated sometime within the next 50 days. They will be providing a new easement for the relocated watermain. Once the watermain is relocated, there will be no need to retain the easement. In addition to the easement where the watermain is located, there are also easements along the sides of the proposed expansion. It is also necessary to vacate the 20 foot easement along the southwest lot line and the 10 foot easement along the northeast lot line. There are no utilities within these easements. There have been no objections to the proposed vacation from staff members, nor from Shakopee Public Utilities. At their regular meeting on September 14th, the Planning Commission passed a motion finding that the vacation is not in conflict with the City's Comprehensive Plan and recommended Council approval of the vacation of the easements. The purpose of the hearing is to determine whether or not the easements serve: a public purpose. Once the watermain is relocated, it would appear that they do not serve a public purpose. Unless evidence is presented at the public hearing to show otherwise, Council could direct staff to prepare the vacating resolution. The resolution would then be prepared for Council's consideration after the watermain has been relocated. The property owners would like some indication from Council that they are willing to vacate the easements upon the relocation of the existing watermain and the creation of a new easement. • 9 Vacation of Easements to Allow for Expansion of K-mart September 29, 1989 Page -2- RECOMMENDED ACTION: 11 Hold public hearing 21 Move that the Council is willing to vacate certain easements in Lot 1, Block 1, Valley Mall First Addition to allow for the expansion of the K-mart Store, upon the relocation of the existing watermain and the creation of a new easement; and direct staff to prepare the appropriate resolution for Council consideration when such actions have been completed. MEMO TO: Judy Cox, City Clerk FROM: Douglas K. Wise, City Planner RE: Vacation of Utility Easement for K-Mart Expansion DATE: September 27, 1989 I INTRODUCTION• At their meeting on September 14, 1989, the Planning Commission reviewed the proposed vacation of a portion of the utility easement located in Lot 1, Block 1, Valley Mall First Addition for consistency with the comprehensive plan. After completing the reviews, the Planning Commission passed a motion recommending approval of the vacation. i BACKGROUND• According to Minnesota State Statutes the Planning Commission is required to review vacation requests to determine whether they are in conflict with the City's Comprehensive Plan. At their meeting on September 14, 1989, the Board of Adjustment and Appeals reviewed a request by Carlson Real Estate Company for a variance from setback requirements to allow expansion of the K-Mart store. At that meeting, the Board of Adjustment and Appeals approved the variance for setbacks. Following action by the Board of Adjustment and Appeals, the Planning Commission reviewed the proposed vacation for compliance with the City's Comprehensive Plan. PLANNING COMMISSION RECOMMENDATION: At their meeting on September 14, 1989, the Planning Commission passed a motion finding that the vacation is not in conflict with the City's Comprehensive Plan and recommending to the City Council approval of the vacation of the easement. F G mL 244 0 - Z 7 0 . HZW / PC b 0 6 O P40 0 41 02 V.2 < I N Nr 1 � •.tr WIy�I 0. r �� P I o4°� ©' ;rias l 9 � F d W = Nom• I O W� �' °�` o\\ ���]]��.. (\\��\y SPa - � LLQ �M\ M I�� • I �rI/J/��y -.1 td lUE �•v � � I aid N 1 ©� •N (B'bG: I {..� � 'O� y I M,, O bp. • N �� fir=' 2m SSI s — -- � �--- • ^ �G� ' � 1.: 4� S !'�1 7m.2Z,lO,bSN aay� ll � MEMO TO: Shakopee City Council FROM: John DuBois, Acting Chief of Police SUBJECT: Need for Additional Storage/Garage Space DATE: September 29, 1989 Storage at the Shakopee Police Department has become a problem. We no longer are able to fit squads, not immediately in use, into the garage. Recovered and confiscated property, such as bicycles, beer kegs, and other large items needing to be kept for court evidence or other purposes, currently occupies a large area in the police department garage. Accompanying this memo is a photograph of the area, which somewhat demonstrates our needs. Our garage area is approximately 25 feet in width by 50 feet in length, with 16 foot high ceiling. I recommend that two-thirds of that area be constructed into an 8 foot storage area above the squads. The garage storage area would have steps going up to the mezzanine area, above the garage (second floor of the police department) . Construction of a ramp along side of the steps would allow us to manually wheel items, such as bicycles and motorcycles to the upstairs storage area. LeRoy Houser has obtained two quotes and the low quote is from Walden Bros. Lumber in the amount of $3,500.00 Material $3,500.00 Labor 1.500.00 5,000.00 500.00 10$ Contingency $5,500.00 There is $40,000 in the Government Building Fund assigned to City Hall code and handicap remodeling that can be used for this project. I would like construction completed before the arrival of cold weather, so that our squads can be garaged and the department could begin use of the mezzanine level as a convenient and accessible storage area. Action Requested Move to accept the bid of Walden Bros. Lumber in the amount of $3,500.00 and authorize construction of a mezzanine floor in the police station garage for an amount not to exceed $5,500.00. CONSENT �l6 Memo To: Dennis R. Kraft, City Administrator From: Doug Wise, Planner II Marilyn Remer, Personnel Coordinator Re: Clerk Typist II Date: September 29, 1989 Introduction At the September Sth Council meeting, a Clerk typist II position was authorized to be filled, replacing the existing Planning Secretary position. Backerod Pursuant to the Personnel Policy, the Clerk Typist II position vacancy was posted September 7th at all city work places for five days, concurrently with advertising. Two employees applied and both were interviewed by the Planner II and the Personnel Coordinator on September 28, 1989. It is staff's recommendation that Agnes Unze, currently Clerk Typist II for the Police Department be appointed to the Planning Clerk Typist II position. Ms. Unze has been employed as Police Clerk Typist II for approximately four years and has a strong background and skills in typing, dictation and computers as required. Ms. Unze is currently at Step 4 ($10.026/hr.) of the Clerk Typist II pay scale and would continue at that rate. The Clerk Typist II position was authorized with the provision that it be a full time job but is to be initially filled for up to 32 hours a week, until such time as a full time position can be justified. Ms. Unze is scheduled to work 30 hours/week effective October 9, 1989. If needed, Ms. Unze may also be able to assist the Police Department in the interim period that her vacancy creates at the Police Department. Recommendation 1. Appoint Agnes Unze to the position of Clerk Typist II for the Planning Department at Step 4 of the Clerk Typist II position of the pay plan ($10.026/hr.) effective October 9, 1989. 2. Authorize advertising for a Police Clerk Typist II position. Action Reauested: Move to transfer Agnes Unze to Planning Department as Clerk Typist II at current salary effective October 9, 1989. Move to authorize staff to proceed with appropriate posting and advertising to fill the Police Clerk Typist II vacancy created by transfer of Agnes Doze. I lI G CONSENT MEMO TO: DENNIS KRAFT CITY COUNCIL FROM: PUBLIC WORKS DEPT. SUBJECT:CAPITAL EQUIP. PURCHASE DATE: SEPT. 25 , 1989 INTRODUCTION: The 1989 Capital equipment budget provides for the purchase of a 2 1/2 ton truck, equipped with a sander, plow, underbody blade, radio, and propane conversion. The truck, which was ordered in January, was recently delivered, and is ready for the installation of the operational equipment. We have received the quotations for the needed accessories, and would like to order this equipment for immediate installation, before the snow season arrives. We had budgeted $46 ,000 for the complete truck and equipment. The delivered truck with box and rustproofing, was $30,400, and the remainder of the available money in the budget will adequately allow us to properly equip the truck. The cost of the truck and the added equipment will total $40,432, leaving an !� excess of $5 , 568 to be returned to the General Fund. BACKGROUND: PLOW: i Several months ago, when we took delivery of our new motor grader, it was ordered/delivered with a front mounted plow. In order to expedite our equipment preparation for the coming winter season, we are currently installing the grader plow on the new truck, and will install the new plow, that we are ordering now, on the new motor grader. This was done in order to meet our self-imposed October 15th deadline for having all of our trucks ready for the coming snow season, and give our Mechanic more time to make the plow installation, and allow for any delivery delays which may occur with the new plow. The grader/plow does not have the same priority because the moldboard blade can be used until the front plow can be installed. We are again installing a plastic (polypropolene) plow on these vehicles. These are the same type of plows that we have mounted on our last 5 trucks and loaders. We have found that these poly plows are very durable, and push snow much easier because the polypropolene material offers considerable less frictional resistance, subsequently using less engine horsepower, using less fuel, and more importantly, not working the engines as hard as the conventional all-steel plows . This is especially noticeable with the heavy, wet, slush type snowfalls that we experience in warmer snowfalls, or in the Spring snowfalls. These plows are becoming more widely used throughout the metro area, and reflectes a continual price reduction, since we started using them. The plow quotation that we have for this plow is $1500 less than an identical plow which we purchased in 1987 . We had also obtained prices for conventional all-steel plows which we had used prior to our conversion to the poly plows 7 or 8 years ago. We are not considering these older style plows for j installation on this truck, at this time. These plows are generally $200 to $300 cheaper, but they do not have a safety trip edge on the moldboard which allows the cutting edge to fold under the plow when hitting an obstacle, such as a manhole, etc. This past winter season, we totaled out a plow truck, which did not have this trip edge feature, when the driver hit a protruding manhole. Fortunately, the driver was not hurt in this incident. j All of the newer poly plows feature the trip edge safety cutting edge. Plow quotations received: Boyum Equip. Co. Frink Model 4512 power reversible Polyplow Lakeville, Minn. w/trip edge. 29" Hosting hitch mounted on $4250.00 the plow Ruffridge-Johnson Root Model RT-62 reversible plow, w/poly Mpls. , Minn. 29" Hosting hitch mounted on the plow. $4685 . 00 UNDERBODY BLADE: i All of our heavy trucks have been equipped with underbody blades since 1973. As we place our new trucks into service, we have simply transferred the blade from the older truck onto the replacement vehicle, because they are fairly durable. We use j these blades all year long, for leveling gravel , bituminous material, snow/ice etc. This U.B. purchase replaces a blade that has been used constantly since 1978. This type of installation is a fixed angle, one way blade and is very versatile. We plan to install this underbody blade with our own labor. Underbody quotes received: Root Model F-5 Ruffridge-Johnson Equip. Co. $2400.00 Universal Model 10 Boyum Equip. Co. 2725.00 Monroe Model MS44 MacQueen Equip. Co. 4523.00 (reversible) SANDERS: We have been dividing our fleet with roll-type and spinner type sanders . Each type of sander is used for different application, as required. The roll sander drops a heavier pattern of sand/salt material, but limits its distribution to only the width of the truck, they are normally used in alleys, parking lots, or single lane application. The spinner sander actually throws the material, but this pattern is much lighter in density, but is good for center line sanding. Sander quotations received: Boyum Equip Co. Swenson Model SA spinner sander with Lakeville, Mn. long hose kit, cab control , Poly $1785.00 spinner plate included. Ruffridge-Johnson Equip. Fox Direct Drive Tailgate. Long hose Mpls, Minn. kit, cab control. . No poly spinner $1791 .00 plate included, add $80) . MacQueen Equip. Co. Monroe MS 966 spinner. Long hose kit, St. Paul, Minn. Cab control. . No Poly spinner plate $1944.00 was quoted. (Approx. $80) . PROPANE CONVERSION: This truck will be converted to propane as soon as we feel that the gas engine has been sufficiently broken in. The quoted price from our propane supplier is $845.00, which is slightly higher than our last installation two years ago. We will install the equipment ourselves and use their dynometer for fine tuning the conversion. The propane conversion will be purchased from Carb and Turbo Systems of Shakopee. (We have been paying about 0.23 to 0.28 cents per gallon this summer for propane. ) RADIO: We intend to install a low band Motorola 2-way radio in this vehicle. The quoted price of $755.00, is about the same that we paid 2 years ago for our last truck installation. We install the radio ourselves in our shop. 1989 budget $46 ,000 - 30,400 truck ------------- 15,600 (Available for accessories ) - 2,400 Underbody blade - 4, 250 12' reversible Polyplow - 1 , 782 sander w/poly spinner plate - 845 Propane conversion kit - 755 2-way radio ----------------- $5,668.00 Balance i � C RECOMMENDATIONS/ACTION REQUESTED: Authorize the Public Works Dept. to: PLOW: 1. Purchase the Frink Model 4512 Polyplow hydr. reversible plow from Boyum Equip. Co. for the quoted price of $4, 250.00 UNDERBODY: 2 . Purchase the Root Model F-5 underbody blade from Ruffridge-Johnson Equip. Co. for the quoted price of $2 ,400.00 SANDER: 3. Purchase the Swenson Model SA spinner sander j from Boyum Equip. Co. for the quoted price of $1 , 785.00. LPG KIT: 4. Purchase the propane conversion kit from Carb and Turbo Systems of Shakopee for the quoted price of $845 .00. i RADIO: 5. Purchase the Max-Trac 60 watt radio, antenna, and installation kit from Motorola, Inc. for the quoted price of $755 .00. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer .C� SUBJECT: Berquist Property - Traffic Analysis Study DATE: October 3 , 1989 INTRODUCTION: Council has directed staff to obtain consultant proposals to perform a traffic analysis study near the proposed Berquist property to determine the desired location of a future road in this area . BACKGROUND: Staff is currently working on a feasibility report for a new road along the Berquist property. As part of the feasibility report, staff had recommended that a traffic circulation study be done in the vicinity of Valley Park Drive and 12th Avenue to determine the exact location of this new east-west road . Council agreed and directed staff to obtain proposals from a consultant to do this study . Staff has contacted the consultant preparing the Comprehensive Plan update , namely BRW, Inc . to determine if they could complete this traffic circulation study for the City . BRW was selected to submit a proposal because of the extensive work they have done throughout the entire Shakopee area in preparation of the revised Comprehensive Plan . BRW has indicated that they could do this traffic circulation study for a total cost of $1 ,500 .00. Two other consultants were contacted regarding the completion of this study but were unable to be competitive with BRW due to the large amount of background work BRW has already done in this area. Staff is now seeking Council approval to utilize BRW, Inc . to complete this traffic circulation study for a cost of $1 ,500.00 . ALTERNATIVES: 1 . Approve staff' s request. 2 . Deny staff's request. 3 . Direct staff to solicit additional proposals for this study . RECOMMENDATION: Staff recommends Alternative No. 1 , to utilize BRW to complete this traffic circulation study. ACTION REQUESTED: Move to direct the appropriate City staff to utilize BRW, Inc . to complete a traffic circulation study near the Berquist property at a not-to-exceed figure of $1 ,500 .00 and to include the results of this study in the feasibility report currently being prepared for this new road . DM/pmp PLANN TflNN$POHTATIOG ENGINEERING URBAN DESIGN HEW M THRESHER SQUARE 7W THIRD STREET SOUTH MINNEARDUS MINNESTRASSIHS T NE 6121N 7(N FA% 612 3761378 September 27, 1989 Mr. David Hutton, PE City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr. Hutton: In response to your written request for proposal of September 18, we propose to prepare recommendations for the alignment of a new public street to serve the Bergquist property in Canterbury Park for a cost not to exceed $1,500.00. This Includes up to eighteen hours of investigations, calls, a site visit by an engineer, a review of his conclusions by me, and a review meeting with you. Our recommendation can be submitted to you within one month of the day we are instructed to begin work. If this proposal is acceptable to the City Council , a signature below will constitute an agreement. Thank you for allowing us to submit this proposal. Sincerely, BRW, INC. P E. Jarvis, aAICP esident P Accepted for the City of Shakopee by: Signature Title Date Ni OFFkwTE Cf TE NETT.XING10.^EE.NClyE10.JNNiS.GMCNER INC.GRdA 6IDJ.BENNETT CMPLDIN RIHGT ACHARD P NOLSFEID PETER E.NM6 VN/1ENCE J.GARONER THOMAS i CAPFDLI CIUIG A.A... C UT EHIIM NAIMG SVENSON Jp aMCNAIMRA RICHN DRLGRM ALLEN p CKNRNN DEN NISI SIIRIFF JEFFREY BENSON RNPHC BWM W DL GW W MINNEAPOLIS DENVER PHOENIX TUCSON ST.PETERSBURG MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: 3rd Avenue, Project No. 1989-5 DATE: September 22 , 1989 INTRODUCTION: Staff is seeking Council advice on the use of a portion of 3rd Avenue as a playground for St. Mark' s Catholic School. BACKGROUND: Historically the St. Mark' s Catholic School has used a portion of 3rd Avenue as their playground area by roping off each end of the street at Atwood Street and Scott Street. This has simply been done by the use of a rope with a sign hanging on it. From a safety standpoint, staff does not feel that this is an appropriate use of a City street. The ideal solution would be to vacate the street if it is no longer necessary for public use and permanently barricade each end of it so that it can be used by St. Mark' s as a playground. This is not possible due to several homes on the north side of the street having access to this block. If Council wishes to allow St. Mark' s to continue this practice, a more permanent method of blocking the street off should be utilized . Now that the street is under construction, permanent posts can be put on the corners of the street to be used for a heavy chain with highly visible florescent signs . Another alternative would be to use our standard construction barricade during the time the street is closed and have the school staff put out the barricades and take them down every day. If permanent posts are desired, staff is proposing that they be installed now as part of our 3rd Avenue Reconstruction Project and we are seeking authorization to add that to the contract. The alternative to arranging for a more visible method of closing this street, would be to inform St. Mark's School that they will no longer be able to use 3rd Avenue as part of their playground. ALTERNATIVES: 1 . Instruct staff to install permanent wood posts at the corners of 3rd Avenue and Atwood and Scott Streets for the use in installing the chains to block off 3rd Avenue during use as a playground. 2. Instruct staff to inform St. Mark' s School that they will need to utilize street construction barricades to block off the street and that they would be responsible for installing and removing them every day during the use of the street as a playground. 3 . Direct staff to enter in discussion with St. Mark' s Catholic School to seek alternative areas to be used as playground instead of 3rd Avenue . RECOMMENDATION: Strictly from a safety standpoint, staff recommends Alternative No. 3 which is to enter into discussions with St. Mark' s Catholic School to find alternative areas to be used as a playground rather than 3rd Avenue. Staff also understands that this has been a long standing policy of the City to allow the Catholic School to use part of 3rd Avenue as a playground and therefore if Council wishes to continue that policy, staff feels that a more permanent and a more visible method of barricading the street at each end should be utilized. Staff should be directed to install any permanent fixtures associated with blocking off the street as part of the 3rd Avenue Reconstruction Project. ACTION REQUESTED: Discuss the situation and direct staff to take the appropriate action. DH/pmp BARRICADES MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engine-5' SUBJECT: 5th Avenue Between Market Street and Spencer Street, Project No. 1989-4 DATE: September 19, 1989 INTRODUCTION: Staff is requesting Council permission to obtain proposals from various developers on the feasibility of developing some of the vacant land adjacent to the Market Street Project. BACKGROUND: On June 21 , 1988 the City Council of Shakopee ordered the preparation of plans and specifications for the construction of 5th Avenue , between Spencer Street and Market Street. In addition, Council directed staff to obtain appraisals for the right-of-way needed to complete this project. The design and appraisal work is currently in progress. During the appraisal process , the City' s appraiser contacted staff and the Assistant City Attorney regarding the developability of several odd-shaped lots abutting 5th Avenue. Because of the abandoned railroad line , there are several properties that are non-buildable lots as they exist today, for one reason or another ( i.e. setbacks, no frontage on a street, etc . ) . Attachment 1 is a drawing illustrating the lots in question. The Assistant City Attorney has indicated that if the lots are non-buildable , the property owners could challenge any assessments for the project since there is no immediate benefit to them. If these lots are not assessed, the City would have to absorb the assessments and the project may no longer be feasible. The total estimated assessments for these parcels is around $160,000 . The feasibility report prepared by staff took the position that while these properties are non-buildable in their present state, eventually these odd shaped lots would need to be combined into larger properties, thereby making them buildable lots. Staff felt that the assessments would be deferred until that time. The negative to that is the City would need to carry those assessments for an indefinite time frame. The appraiser and legal staff have indicated that one solution to this situation is for the City to purchase all of the remnant lots and then develop and market them ourselves. The negative to that strategy is that if those particular property owners do not , wish to sell , the City would need to condemn the property. There are 3 property owners involved : TenEyck, Gelhaye and CMC Corporation (railroad real estate company) . Council discussed this issue several weeks ago and directed staff to explore the developability and marketability of the City developing this land. Staff has talked to several developers , real estate appraisers and agents as well as researched the selling price of vacant lots in the vicinity. The following summarizes staff' s estimate of the total City expenses associated with this proposal : Special Assessments associated $160,000 with 5th Avenue (Includes cost to construct sewer, water and streets including right-of-way acquisition, contingency and legal/administrative fees) Land Acquisition Cost for Vacant Land $ 68,000 Appraisal $ 6 ,000 Legal Fees (Assuming Condemnation) $ 20 ,000 City Miscellaneous $ 1 ,700 (Platting, Closing Costs, Etc. ) Contingency $ 2 ,500 Park Dedication Fees $ 3,000 (Estimated at $250 per Lot) TOTAL PROJECT COSTS $251 ,700 Based on some preliminary layouts, it appears that this area can be developed into approximately 12-14 lots. Using 12 lots, the total City expenses would equal $20 ,900 per lot. Recently, there have been 3 lot sales in the same vicinity for $20 ,000-$21 ,000 so it would appear that there is a market for lots at this price. The City or a developer could recover all costs associated with developing this area , including all costs associated with constructing the street and utilities. Staff would like permission to explore this concept by sending out request-for-proposals (RFPS) to several developers to see if there is any interest in this project. In addition , the project scope may be expanded to include property on the east side of Market Street. There is currently 7 acres of vacant land for sale on this side of the street as well 1/ as some existing lots. If this area were added to the project scope , it would make the total development project more attractive. Staff is proposing to include this land to the RFP as an alternate, to give the developer and Council an opportunity to expand the project if the price is reasonable. ALTERNATIVES: 1 . Authorize staff to send out request-for-proposals to various local developers to find out if there is any interest or marketability in this project. 2. Determine that there is no Council interest in condemning private land for development and direct staff to stop exploring that option. Council should also determine if the street project should be continued or stopped. 3 . Direct staff to discontinue any work involved with the City developing this site, but direct staff to complete the plans and proceed with the project. The assessment concerns for the odd-shaped lots will be resolved at the public hearing before adopting the assessments. At the time the City Council could choose to defer the assessments on those parcels or absorb them or assess them in anticipation of no appeals being filed. RECOMMENDATION: As a minimum , staff feels that the City is committed to constructing the street and utilities. A portion of 6th Avenue was vacated in conjunction with 5th Avenue being constructed and in fact, duplexes are currently being built on the vacated 6th Avenue right-of-way. Staff does not feel it would be in the best interest of the City to discontinue the street and utility project. Therefore, the only issue that needs to be addressed would be to determine if the City should develop this area ourselves or if the assessments for the odd-shaped lots should be deferred until they develop on their own, which may take a very long time. Staff recommends exploring the development issue by at least obtaining proposals on the project and then deciding on whether or not it is feasible. Council should be aware that if it is decided to go ahead and buy these parcels and develop them, it would undoubtedly involve condemnation of the existing parcels of land. ACTION REQUESTED: 1 . Direct staff to send out request for proposals to various developers to determine if the City should develop the vacant land along the north side of 5th Avenue and west of Market Street. r 2 . Direct staff to continue preparing the street and utility plans for this project because the project will go forward as ordered , regardless of the outcome of the development issue. DH/pmp 5THAVE 5th AVE. IMPROVEMENTS Ififi PROPERTY LOCATION MAP — _. 209 •- i 2_013 i - -- --- �al7o2s-a,,�tYCgy 906 too -mm I--� 3^ N �_G_2 906036-0 fl ool 19obt35-o I— k ` - 1.65 CL d o�oab-o I t 1- o w o.ez � -300 --- I .E-•: <.: � I I � � d - Toi� wC^'-- I, - ---c - RCHV J I 19obno-o t r9 8 7 1 a I _ --t_ L _—� - 302i L 1 - 299 1 z 306 l I r - g 1 f T 3T, ---- �y 29S 303 - --- --- � a — — 305 _ - 3.10 HENS_ 313 zoo MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: T.H. 101 Right-of-Way by Valleyfair DATE: September 21 , 1989 INTRODUCTION: Attached is a letter from the Minnesota Department of Transportation requesting City of Shakopee comments regarding the conveyance of a portion of the T. H . 101 right-of-way to Valleyfair. BACKGROUND: The existing right-of-way on Trunk Highway 101 is 400 feet wide. Eventually, when the new Shakopee Bypass is constructed , this highway will be turned back to the County or the City. The State is now considering conveying the north 110 feet of this right-of-way to Valleyfair. By doing this, there would still be approximately 75 feet of right-of-way left north of the centerline of the westbound lanes. Since the highway may eventually become the City of Shakopee' s, Mn/DOT is inquiring as to whether or not we have any interest in the property. RECOMMENDATION: If this action is taken, 75 feet of right-of-way north of the westbound lanes would be more than adequate for the highway. The only reason the additional right-of-way would ever be needed would be to construct a frontage road along the Valleyfair property. There are no immediate plans to construct any frontage road along this portion of Hwy. 101 . The City would only construct such a road at the request of the property owner, Valleyfair. Valleyfair has initiated this reconveyance by Mn/DOT. Staff has contacted Valleyfair and they do not desire a frontage road along this highway and are aware of the ramifications of this conveyance . If at some future date a frontage road is desireable, Valleyfair could simply re-dedicate the appropriate right-of-way. The highway is legally owned by the State of Minnesota, so a negative response by the City would probably not be the final determining factor for this reconveyance, anyway. Staff recommends notifying Mn/DOT that the City of Shakopee has / no interest in this property. ACTION REQUESTED: Discuss the reconveyance of a portion of Trunk Highway 101 to Valleyfair and if the City Council determines that there is no interest in this property, direct the appropriate City staff to submit this request to the Planning Commission for action as required by State Statute. DH/pmp i17 C R 03 ERROR. Rao u e / CD C l CID T SOUTH 0 -a �NE.,A / 0 D s>' I S Z a." E IRON SHE, I x IY R a ` In =_Ih; VALLEY PARR DRIVE _I N A 5 \ x x u \ a \\ 11 � J a CONSENT J11� MEMO TO: Dennis R. Kraft, City Adm' ator FROM: Judith S. Cox, City Clerk RE: November 7, 1989 City Elect n DATE: September 19, 1989 INTRODUCTION: If School District No. 720 has a levy referendum on the City ballot this November, they would like to be able to handle absentee ballots in addition to the City handling absentee ballots. BACKGROUND: As you are aware, the 1989 legislation requires any school district levy referendum to be held on the first Tuesday after the first Monday in November. You are also aware that School District No. 720 is seriously contemplating holding a levy referendum this November. Because the City of Shakopee will be holding its regular City election, the school district will be putting their question on the City ballot. (All ballots will be delivered to the County after the election and will be run through the optical scanner. ) November 7th will be a City conducted election. All voters in Shakopee will go to their appropriate precincts to vote for both the City election and the school levy referendum. (Residents within the school district who live in Louisville and Jackson Townships will vote at their regular polling place. No voting will take place at the school district office, as during a school board election. ) I understand that this procedure will be new and we will have to advertise so that the voters will understand that they do not have to go to two different places to vote. In an attempt to keep things simple and be accommodating to the voters, the school district would like to be able to provide absentee ballots to voters in addition to the City providing absentee ballots. I have checked with the Election Division at the Secretary of State Office on whether or not this is permitted. I was told that this is permitted. Both the City election officials and the school election officials can distribute absentee ballots for voters who will be absent from their residence on election day. I think this is a good idea. Again, it will be the election official's responsibility to explain to the absentee voter that both elections (City and Special School District) are on one ballot and that they do not need to go to the other election official to vote in the other election. (Even if someone were to vote absentee at both locations, on election day the election judges would only accept one absentee ballot.) Because this whole process will be new to everyone as a result of the 1989 legislation, and because allowing absentee ballots to be obtained at two locations is a deviation from the normal practice of the City, the City Attorney has advised that the City Council may wish to give its approval. ALTERNATIVES: 1) Absentee ballots available at both the City and School District Office. 2) Absentee ballots available at City Office only. RECOMMENDATION: Authorize the City Clerk to make absentee ballots for the November 7, 1989 election available to the appropriate election officials of School District No. 720. JSC/t1V 8,10 MEMO TO: Dennis Kraft, City Adminis(�tc�rator FROM: Judith S. Cox, City Clerk C RE: November 7, 1989 Regular Muting DATE: September 26, 1989 INTRODUCTION & BACKGROUND: The City Election will be held on Tuesday, November 7, 1989, from 7:00 A.M. until 8:00 P.M. This is also the regular meeting date for Council's first meeting of November. The meeting will not be able to begin until 8:00 P.M. after the polls close. It will also be necessary for Council to meet on November 8th, to canvass the ballots for the November 7th Council meeting. In the past, Council has chosen to combine the two meetings and instead of meeting on Tuesday evening after the polls close, Council has met on Wednesday at 7:00 P.M. , their regular meeting time. It would be helpful for staff in planning for the Council agenda for November to know when in November City Council wishes to meet. ALTERNATIVES: 1) Meet November 7, 1989 at 8:00 P.M. and November 8, 1989 at 7:00 P.M. 2) Meet November 7, 1989 at 8:00 P.M. and November 8, 1989 at 5:00 P.M. 3) Meet November 8, 1989 at 7:00 P.M. 4) Other. RECOMMENDATION: Advise staff when Council would like to hold their first meeting(s) in November. 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O F O m N . . O O W O Y 0 0 n w 0 0 0 0 0 0 w S N m 0 F O O O 0 I-H " F 0 0 0 0 0 o mo 00 o o 000 m o r r r r r r c y F FF FF F F F FFt N N N S Y N O O O Y 0 0 0 0 0 N N n O� NY O Opp OO o0 n UN] 0 ,o 0\ Ot r r w t r r Fw O O <' N O F �1 N r N N N r O O 3 a I m K mmmm+o o m0 00 0 m 0 000 m m 0 Y Fwr r ,z r rrY Y rn r YHY F F 4 I l l l l o rY r r Y r Y Y HH r Y r o Oo 00 0 0 0 000 O O r r H " r Y r r Y r Y r n 0 00 00 0 0 0 0 00 0 o n EciY H H I 0o 7 9D9DTl o 00 VI o m o b F 00 F O X11 O K n � n 0 a o H m o '� H N 3 S H O 0 O Y W F N O C N r W O N N x 9 mo o m O ry rN � lNi N < < n 0 9 Y O w Ow Ow OW S w NY O� om O C O O C•J O ow O YO 3 m r w r N cr � 9 W W W W W W W W w W W W W Y r r r Y Y r r Y 0 0 0 O O O r Y Y 0 �$ omm m m 000 m z 0 O W z EO O r 4 0 < c N W N F' M R° O O K (pp O c' 3 3 r K M O x w ro µ m N ^1 0 � x i N r a F Y O w N 3 W W O N N O O O T O O �n O m o O -1 �p F O c- vl 0 F 0 0 �+ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Resolutions Awarding Sale of Bonds DATE: September 26, 1989 Introduction Council has previously set the sale of GO TIF Bonds for the 169 bridge and phase two of the upper valley drainage project. Bids will be opened Tuesday AM 10/3/89 at Springsted's offices. Dave MacGillivray will present the bids to Council for consideration and will have resolutions with him awarding the sale of the bonds. CERTIFICATION OF MINUTES RELATING TO $3,600,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1989A Issuer: City of Shakopee, Minnesota Governing Body: City Council I, Rind, date, time and place of meeting: A regular meeting held on Tuesday, October 3, 1989 at 7:30 o'clock P.M. , at the City Hall . Members present : Members absent: Documents Attached: Minutes of said meeting (including) : RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $3, 600,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1989A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of October, 1989 . Judith Cox Its City Clerk �I k The Clerk presented to the Council affidavits showing publication in the official newspaper and the Commercial West of a notice of sale of $1,965,000 General Obligation Tax Increment Bonds, Series 1989A, and $1,635,000 General Obligation Tax Increment Bonds, Series 1989B, of the City, for which sealed bids were to be received and considered at this meeting in accordance with a prior resolution adopted by the City Council . Said affidavits were examined and found satisfactory and directed to be placed on file in the office of the City Clerk. The Clerk then announced that sealed bids had been received pursuant to said notice of call for bids, which bids had been opened, read the tabulated, and the highest and best bid of each bidder for each series of bonds was found to be as follows: Bid for Interest Total Interest Cost Name of Bidder Principal Rates - Net Average Rate i (See bid tabulations attached) I -2- �1 K Councilmember then introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $3, 600,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1989A BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: Section 1. Authorization and Sale. 1.01 . Authorization of Bonds . This Council, by its resolutions adopted on September 5, 1989, has determined that it is necessary for the City to sell and issue its $1, 965,000 General Obligation Tax Increment Bonds, Series 1989A, and its $1,635,000 General Obligation Tax Increment Bonds, Series 19898, both dated as of November 1, 1989 . The Bonds of each series are being issued to finance costs to be incurred by the City in aid of its Minnesota River Valley Housing and Redevelopment Project No. 1 (the Project) in accordance with the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 and 4 in said Project; and, accordingly, the Bonds of each series will be payable primarily from ad valorem tax increments to be derived from such Tax Increment Financing Districts . 1.02 . Notice of Sale; Bids. Notice of sale of the Series A Bonds has been duly published, and the Council, having examined and considered all bids received pursuant to the published notice, does hereby find and determine that the most favorable bid received is that of First Bank National Association of Minneapolis, Minnesota, and associates, to purchase the Bonds at a price of $1, 941, 813 plus accrued interest on all Series A Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. Notice of sale of the Series B Bonds has been duly published, and the Council, having examined and considered all bids received pursuant to the published notice, does hereby find and determine that the most favorable bid received is that of First Bank National Association of Minneapolis, Minnesota, and associates, to purchase the Bonds at a price of $1, 615, 707 plus accrued interest on all Series B Bonds to the day Of delivery and payment, on the further terms and conditions hereinafter set forth. -3- ,f k 1.03 . Sale of Bonds. The sale of both the Series A Bonds and the Series B Bonds is hereby awarded to said bidder, and the Mayor and City Clerk are hereby authorized and directed on behalf of the City, to execute contracts for the sale of the Series A Bonds and the Series B Bonds in accordance with the terms of said bids. The good faith checks of the successful bidder shall be retained and deposited by the Clerk. The good faith checks of other bidders shall be returned to them forthwith. 1.04 Series A and Series B Combined. In as much as the Series A Bonds and the Series B Bonds are both being issued to finance costs to be incurred by the City in aid of its Minnesota River Valley Housing and Redevelopment Project No. 1, are both general obligations of the City payable primarily from tax increments to be derived from Tax Increment Financing Districts Nos. 1 and 4 in said Project, and are both being purchased by the same financial institution at the same interest rates, the Series A Bonds and the Series B Bonds are hereby combined for all purposes into a single series of bonds to be designated and issued as hereinafter provided, which is hereinafter sometimes referred to as "the Bonds." Section 2 . Bond Terms; Registration; Execution and Delivery. 2 .01. Maturities; Interest Rates; Denominations; Payment . The Bonds shall be designated General Obligation Tax Increment Bonds, Series 1989A, shall bear an original date of issue of November 1, 1989, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall mature on February 1 in the respective years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the respective annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 1991 $130,000 6 .20°% 1998 $290,000 6. 70% 1992 200,000 6 .25 1999 310,000 6. 75 1993 210,000 6.30 2000 330,000 6. 80 1994 230,000 6.35 2001 350,000 6. 90 1995 240,000 6.40 2002 375,000 7. 00 1996 255,000 6. 50 2003 405,000 7.00 1997 275,000 6 . 60 The Bonds shall be issuable only in fully registered form. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 1990, to the owner of record thereof as of the close of business on the fifteenth -4- day of the immediately preceding month, whether or not such day is a business day. The interest on the Bonds and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar for the Bonds appointed herein. 2 . 02 . Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to August 1, 1990, in which case such Bond shall be dated as of November 1, 1989 . 2 .03 . Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar) . The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. -5- r/K (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. when any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner ' s order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges . For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to paid with respect to such transfer or exchange. (h) Mutilated Lost Stolen or Destroyed Bonds . In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has -6- already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. 2.04. Appointment of Registrar and Paying Agent . The City hereby appoints the American National Bank and Trust Company in St. Paul, Minnesota, as the initial Registrar and Paying Agent for the Bonds, which, together with any successor entity is sometimes referred to herein as the Registrar or the Registrar and Paying Agent. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with said Registrar . Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty (30) days notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.05. Redemption. Bonds maturing in the years 1991 through 1995 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 1996 through 2003 shall be subject to redemption and prepayment at the option of the City, in whole or in part, in inverse order of maturity dates and by lot as to Bonds having the same maturity date, on February 1, 1995 and any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. Prior to the date set for redemption of any Bond prior to its stated maturity date, the Clerk shall cause notice of the call for redemption thereof to be published as required by law and, at least 20 days prior to the designated redemption date, shall cause notice of the call to be mailed to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2. 03 hereof. 2 .06. Execution Authentication and Delivery. The Bonds shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all -7- /l K purposes, the same as if he had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared , executed and authenticated, the Clerk shall deliver the same to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and said purchaser shall not be obligated to see to the application of the purchase price. 2 .07. Form of Bonds. The Bonds shall be printed in substantially the following form: _a_ [Face of the Bonds] R- UNITED STATES OF AMERICA $ STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1989A Interest Date of Rate Maturity Date Original Issue CUSIP November 1, 1989 Registered Owner: Principal Amount: Dollars KNOW ALL PERSONS BY THESE PRESENTS that the City of Shakopee, a duly organized and existing municipal corporation of Scott County, Minnesota (the City) , acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above or registered assigns, the principal sum specified above on the maturity date specified above, and to pay interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing August 1, 1990, the registered owner being the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the month immediately preceding the payment date, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender of this Bond, the principal hereof are payable in lawful money of the United States of America by check or draft by the American National Bank and Trust Company, in St. Paul, Minnesota, Bond Registrar and Paying Agent (the Registrar) , or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. -9- !/K\ Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution described herein until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives . IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by its City Council, has caused this Bond to be executed of its behalf by the printed facsimile signatures of the Mayor and City Clerk, and has caused this Bond to be dated as of the date set forth below. CITY OF SHAKOPEE, MINNESOTA (facsimile) Mayor Dated: Attest: (facsimile) City Clerk CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative -10- [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $3,600,000, all of like date and tenor, except as to maturity date, interest rate, denomination and redemption privilege, issued pursuant to a resolution adopted by the City Council on October 3, 1989 (the Resolution) , for the purpose of financing costs to be incurred by the City in aid of its Minnesota Valley Housing and Redevelopment Project No. 1, in accordance with the Tax Increment Financing Plans for Tax Increment Financing Districts Nos . 1 and 4 of the City, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statues, Chapters 469 and 475. The Bonds of this series are issuable only as fully registered Bonds, in denominations of $5,000 of any multiple thereof, of single maturities. In the Resolution the City council has determined that in calendar year 1989 the City does not expect to issue tax-exempt obligations in an aggregate principal amount greater than $10, 000,000 (exclusive of "private activity bonds") , and has designated the Bonds as "qualified tax exempt obligations" within the meaning of Section 265 of the Internal Revenue Code of 1986 . Bonds of this issue maturing in 1995 and earlier years are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 1996 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in inverse order of maturity dates and by lot as to Bonds maturing on the same date, on February 1, 1995 and any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published as required by law, and, at least 20 days prior to the designated redemption date, will cause notice of the call to be mailed to the registered owner of any Bond to be redeemed at the owner' s address as it appears on the bond register maintained by the Bond Registrar. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer -11- !� K satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof the City has duly established its Minnesota Valley Housing and Redevelopment Project No. 1 and Tax Increment Financing Districts Nos. 1 and 4 therein, has estimated the amount of tax increments to be derived from such Tax Increment Financing Districts, in excess of the amount required to be used to pay other bonds payable therefrom, to be collectible for the years and in amounts not less than 5% in excess of the principal of and interest on the Bonds of this issue when due, and has appropriated such excess ad valorem tax increments to the payment of such principal and interest; that if necessary for payment of such principal and interest, ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion) -12- We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Shakopee, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) (Facsimile Signature) City Clerk Mayor The following abbreviations, when used in the inscription 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 UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts to Minors JT TEN -- as joint tenants with right of Act. . . . . . . survivorship and (State) not as tenants in common Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: -13- Notice: The assignor 's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: Signatures(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: Include information for all j ( joint owners if this Bond is held by joint account) Please insert social security or other identifying number of assignee: -14- Section 3 . Security Provisions. 3 . 01. Construction Fund. A separate and special Redevelopment Project No. 1 Construction Fund is established and shall be maintained on the official books and records of the City or its Housing and Redevelopment Authority, to be held and administered by the City Treasurer separate and apart from all other funds of the City. There is appropriated to the Fund all proceeds received from the sale of the Bonds, less the amount thereof required to be deposited in the Bond Account established in Section 3 .02 hereof. Moneys on hand in the Fund from time to time shall be used solely to pay capital costs of the Project as set forth in the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1 and 4. Any amounts remaining in the Fund upon completion of the Project and payment of all of the costs thereof shall be transferred to the Bond Account . 3 .02 . Bond Account. A separate and special General Obligation Tax Increment Bond, Series 1989A Account (the Bond Account) is established in the City' s general obligation bond debt service fund; and so long as any of the Bonds or any additional bonds issued pursuant to Section 3 .04 hereof are outstanding and unpaid, such Account shall be held and administered by the Treasurer separate and apart from all other funds of the City. The City hereby irrevocably appropriates to the Bond Account: (a) $ of the proceeds of the Bonds, which shall be used to pay interest coming due on the Bonds on or before ' 198 • (b) the ad valorem tax increments described in Section 3.03; (c) the other ad valorem taxes described in Section 3 .05; and (d) any excess Bond proceeds as described in Section 3 . 01. The moneys on hand in the Bond Account from time to time shall be used solely to pay the principal of and interest on the Bonds and such other Bonds as are made payable therefrom in accordance with Section 3 . 04 . 3 .03 . Pledge of Tax Increments. Tax increments to be derived by the City from Tax Increment Financing Districts Nos . 1 and 4 are pledged and appropriated for the payment of the principal of and interest on the Bonds and any additional bonds made payable from the Bond Account established in Section 3 .02, and so which thereof as is necessary for this purpose shall be deposited in the Bond Account . Such pledge and appropriation is on a parity as to both principal and interest with the pledge and appropriation of such Tax Increments made previously for the payment of other bonds of .the City. The Council hereby determines that such Tax Increments will be sufficient, with other Tax Increments pledged for the purpose, to pay all principal and interest on all bonds to which they are pledged. -15- I( K 3 .04 . Additional Bonds. The City reserves the right to issue such additional general obligation tax increment bonds as may be required to finance costs of the Project not financed hereby or to finance costs of other projects to be undertaken by the City within the Project, and to make such additional bonds and the interest thereon payable from the Bond Account on a parity as to both principal and interest with the Bonds herein authorized and all other bonds payable therefrom. 3 .05. Tax Levy. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal and interest on the Bonds and the principal and interest on all other bonds made payable from the Bond Account, as such amounts become due. It is estimated that the tax increments appropriated to the Bond Account in Section 3 . 03 will produce sums available for the payment of the Bonds at the times and in the amounts required by Minnesota Statutes, Section 475.61 and, therefore, no taxes are levied for this purpose at the present time. It is recognized, however, that the City's liability on the Bonds is not limited to the provision of these funds, and that the City is required by Minnesota Statutes, Section 469 . 178 and Section 475.61, to levy and cause to be extended, assessed and collected any ad valorem taxes necessary for the payment of the principal of and interest on the Bonds . Section 4 . Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the 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 Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. 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 time and at such rates and maturing or callable at the -16- holder' s option on such dates as shall be required to pay all principal, interest and redemption premiums to become due thereon to maturity or said redemption date. Section 5 . Req istration of Bonds . The Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Scott County, together with such additional information as they shall require, and to obtain from said County Auditor a certificate that the Bonds have been duly entered upon his bond register. Section 6 . Official Statement. The Official Statement dated September 20, 1989 relating to the Bonds, prepared and distributed by Springsted Incorporated, the financial consultant for the City, is hereby approved, and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. Section 7. Exemption from Rebate Requirements . For purposes of compliance with the requirements of Section 148(f) (4) (C) of the Internal Revenue Code of 1986 (the "Code") relating to the exemption for certain small governmental units from the rebate requirements of the Code, this Council hereby determines and declares that: (a) the City is a governmental unit with general taxing powers; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code (Private Activity Bonds) ; (c) all of the net proceeds of the Bonds are to be expended for the local governmental purposes of the City; and (d) the aggregate face amount of all tax-exempt bonds (other than Private Activity Bonds) to be issued by the City in calendar year 1988 is not reasonably expected to exceed $5, 000,000 . Section 8 . Qualified Tax-Exempt Obligations . This Council hereby determines and declares that the City does not reasonably expect to issue in calendar year 1989 tax-exempt obligations in an aggregate principal amount greater than $10,000, 000 (exclusive of Private Activity Bonds) . This Council hereby specifically designates the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265 of -17- the Code, and covenants that it will not in any event designate in calendar year 1989 more than $10,000,000 of its obligations as such "qualified tax-exempt obligations. " Section 9 . Tax Covenant; Arbitrage. (a) The City covenants and agrees with the holders from time to time of the j Bonds herein authorized, that it will not take, or permit to be taken by any of its officers, employees or agents, any action which would cause the interest payable on the Bonds to become subject to taxation under the Code and regulations issued thereunder, in effect at the time of such action, and that it will take, or it will cause its officers, employees or agents to take, all affirmative actions within its powers which may be necessary to insure that such interest will not become subject to taxation under the Code and applicable treasury regulations, as presently existing or as hereafter amended and made applicable to the Bonds. (b) From and after February 1, 2000, the Treasurer shall ascertain each time a deposit is made to the General Obligation Tax Increment Bond Account, the amount on deposit in the Account. If the amount on deposit therein ever exceeds by more than $ the aggregate amount of principal and interest due and payable on the Bonds through the next following February 1, plus a reasonable carryover as permitted by the Code and applicable regulations, such excess shall either (i) not be invested except at a yield less than or equal to the yield on the Bonds, based upon their issue price to the public and based upon their amounts, maturities and interest rates on their date of issue, computed by the actuarial method, or (ii) be used to prepay and redeem Bonds. The City reserves the right to amend the provisions of this Section 9(b) at any time, whether prior to or after the delivery of the Bonds, if and to the extent that this Council determines that the provisions of this Section 9(b) are not necessary, or otherwise require amendment, in order to assure that the Bonds are not arbitrage bonds under the Code and the applicable regulations. (c) The Mayor and the City Clerk being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the purchaser a certification in order to satisfy the provisions or Section of the Code relating to arbitrage bonds and the regulations promulgated thereunder . Section 10. Approval of Tax Increment Pledge Agreement. The proposed form of Tax Increment Pledge Agreement to be dated November 1, 1989, relating to the Bonds and presented to the Council on this date, is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute and deliver it on behalf of the City prior to the issuance of the Bonds . -18- (� K Section 11. Authentication of Transcript . The officers of the City and said County Auditor are hereby authorized and directed to prepare and furnish to the purchasers of the Bonds, and to the attorneys rendering an opinion as to the legality thereof, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. Mayor Attest : Clerk it i 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, and was approved and signed by the Mayor, whose signature was attested by the City Clerk. -19- TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Budget for Capital Improvement Projects in 1990 DATE: September 19, 1989 Introduction Council directed staff to prioritize projects in the CIP for the 1990 Budget. Back rg ound Listed below are the projects that are on the CIP adopted by council as being 1990 projects. The list is in the order that the projects appear in the adopted CIP. Attached is the memo from the City Engineer regarding his priorities. The Community Recreation Director has been consulted regarding the park projects. 1. City Hall. This project is changed from remodel to build a new city hall at an estimated cost of $2,200,000 for the 1990 Capital Improvement Fund budget. 2. Sidewalk program. This is Engineering's no. 5 priority and will be budgeted for $25,000 in the 1990 improvement fund budget. 3. Apgar Street. This project will not be budgeted for in 1990. 4. Killarney Hills. This is engineering's no. 2 project (already ordered by Council) and will be budgeted for $175,000 in the 1990 improvement fund budget. 5. Lewis Street. This is engineering's no 1 priority and will be budgeted for $560,000 in the 1990 improvementfundbudget. 6. Maras Street. This project will not be budgeted for in 1990. 7. Marschall Road Sidewalk - CR 16 to 10th. This project will not be budgeted for in 1990. 8. Second Avenue Atwood to Scott. This is engineering's no 4 priority and will be budgeted for $38,000 in the 1990 improvement fund budget. 9. Shumway 3rd to 6th. This is engineering's no 6 priority and will be budgeted for $150,000 in the 1990 improvement fund budget. 10. Update Topography Maps. This is a General Fund expenditure and will not be in the 1990 budget unless Council decides to include it. Cost is $150,000. 11. Various Alley Upgrades. This is not an engineering priority and will not be included in the 1990 budget. 12. Vierling Drive 17 to 79. This is engineering's no 3 priority and will be budgeted for $700,000 in the 1990 improvement fund budget. 13. Lions Park Trail Extension. This will not be budgeted for in 1990. 14. Meritor Park. This will not be budgeted for in 1990. 15. Swimming Pool Concession Stand. Project is for some plumbing work to upgrade the concession stand with hot water and sink. This can be added to the 1990 General Fund budget using fund balance if Council desires. 16. Tahpah Parking Lot Expansion. This will not be budgeted for in 1990. 17. Tahpah Lighting. This will be budgeted for in the 1990 Park Reserve Fund. 18. Tahpah Well and Sprinkling System. This will not be budgeted for in 1990. 19. Memorial Park Concession Stand. This will not be budgeted for in 1990. 20. Fire Station #2 Site Acquisition. This can be added to the General Fund 1990 Budget in the amount of $100,000 as a draw down of fund balance. Alternatively, Council can direct that this expenditure come out of the Capital Improvement Fund. 21. 3M Opticon System. This can be added to the General Fund 1990 Budget as a draw down of fund balance in the amount of $80,000. Alternatively, Council can direct that this expenditure come out of the Capital improvement Fund. There is some thought to not using much Park Reserve Fund money for 1990 in order to save up for 1991 and a significant effort to get Eastside Park established and built. Park projects seem to keep being pushed off into the future based on past funding practices. Council may want to review other options for park funding including bonding, General Fund monies or changing the allocation of the Park Reserve Fund between acquisition and development. Action Reauested Discuss and concur with actions listed above or give staff direction on which items to change. CONSENT iz Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Certification of Delinquent Storm Drainage Utility Bills Date: September 28, 1989 Information Pursuant to Ordinance No. 176, past due storm drainage utility bills in excess of ninety days past due of October 1st of any year, may be certified to the County Auditor for collection with real estate taxes. Background Attached are lists of delinquent storm drainage utility accounts and Resolution No. 3126 certifying such to the 1990 Real Estate Taxes. Notices have been sent to these property owners advising them of this action. Action Recuested Move to adopt Resolution No. 3126, a Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1990. GV:mmr RESOLUTION N0, 3126 A RESOLUTION CERTIFYING DELINQUENT STORM DRAINAGE UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1990 WHEREAS, the Shakopee City Council did create a storm drainage utility pursuant to Ordinance Number 176; and WHEREAS, the storm drainage utility is supported by user fees collected by utility bills; and WHEREAS,some utility bills are delinquent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, that the delinquent storm drainage utility bills on the attached listing are hereby certified to the Scott County Auditor for collection with the 1989 property taxes. Adopted in session of the City Council of the City of the Shakopee, Minnesota, held this 3rd day of October, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of October, 1989. City Attorney SPECIAL A53EEEWA7 POLL PID tw..lC CD Lei ANT 2?OOletice 73 614.45 270010310 "c7 73 614 45 270010340 27 73 $170 71 270010930 27 73 114.-4 270010550 27 ?3 1391.75 270010601 h '3 1209.93 270010720 73 1133 '3 270,'IIQD 27 73 $95.61 270011501 27 K, l44.6u 2%OMFM IF '3 f9 270011901 27 73 l37.23 270411940 27 73 $14.45 270017220 27 73 $14.45 270012390 27 73 $22.81 n 270012900 27 73 $14.45 ^ry- 27001L.+61 27 73 $1445 270013710 27 73 $34.20 MOM" 27 70 $17.35 27001°.1110 27 73 514.45 2-10014P.) _. . -7 -rj- !47 61 270014630 27 13 $14 45 270015200 27 74_ $10.85 270015360 27 73 334.20 270015570 27 73 143.T, 270015700 27 73 649.46 270015800 27 73 014.45 270016390 27 73 149.57 270016400 27 73 $10 95 27001769D 27 73 $46 ?6 270018260 27 73 $14.45 270013450 27 73 514 45 "270029'260 27 73 l42.a1 270040030 21 73 S14.45 270040050 27 75 $19.45 270040230 27 73 $14.45 270040930 27 73 114.45 270040850 27 73 114.45 270041050 27 73 185.88 270041ID0 27 13 $14.45 270041170 27 $53.'24 270091520 27 ?3 614.45 270091660 27 73 514.45 270091690 73 $15.17 - 270041710 27 79 $14.41 270060110 27 73 $15.17 27006-3140 27 73 114.45 27000170 27 73 I2N.65 270060190 27 73 1158.05 270060280 27 73 114.45 2'0104170, 27 73 $14 45 270120090 27 73 649.61 270120640 27 T 144.5; 270150130 27 '3 $321.4; 70150190 73 S1c Sl 2701"250 27 '3 $14.45 5FECIL n2SEE-HENT POLLS PID M1NIC CO LEW kiT 27C1709f4 27 1 514.45 2701.701°0 27 '3 $19.45 27023OC10 27 73 $14.45 - P0240360 27 73 114.45 2762404-10 27 r $14.45 2702405;0 27 73 114 45 270241030 27 73 $14.45 270241240 2? 73 114.45 2270260030 27 13 $14.45 27026023027 73 $14 45 elgaigsgms_ 270310100 27 73 $14 45 270360210 27 73 $19.45 270360320 27 73 114 45 270360470 27 73 114.45 270360670 2% 79 $1445 270360700 27 73 114.45 270360760 27 ?3 114.45 270370100 27 n $14.45 270370110 2? 13 $14.45 2704002'0 27 73 $14.45 270400330 27 73 $14.45 270400480 27 73 $14.45 270410100 V 73 11445 270410850 27 73 114.45 270430030 27 73 114.45 270430640 27 73 $14.45 270410010 773 614.45 V0500010 22? L $14.45 270500090 27 73 $28.F0 270510020 27 73 314.45 270510210 c. 73 $14 45 270520070 27 73 $14.45 270520531 v 73 $14.45 270530010 27 73 $14.fi 270530080 27 73 $14 45 270560140 27 73 $14.45 270540010 27 73 114.45 MM9040 27 73 $14.45 270600040 27 73 114.45 270610160 27 M_ 114.45 270620310 27 73 114.45 VW40010 E7 73 $14.45 270630040 27 73 $14.45 270710020 27 73 114.45 270740150 27 73 $14.95 27075:019 27 73 $184.4' 270750020 27 73 $904 5i 270740610 27 73 f3_--1.75 270810250 27 73 11315i 2%083-1060 2. 73 119.45 27@840040 _. 73 515.17 21086902.) 27 73 $-'07.94 270840031 27 73 $15.0° 219=c)090 71 114.45 270 20050 27 .. 114.45 %ECIf d9EEHM M PDLL9. PID MESA[ CD LEVY W 270520150 27 73 $14.45 270 c0270 27 73 114.49 270970030 27 ?3 $14.45 271720130 27 73 415 17 27102020V V 73 514.45 271040029 27 73 114.45 271040DE2 27 73 514.45 27104M3 2' 73 114.45 271040040 217 73 527..75 271040079 73 $17.59 ""39'}'1 -7 W t 2.'111002: 27 73 5241.96 271120130 27 73 114.45 271130040 27 73 MA7 271140030 27 73 114.46 271210030 27 73 114.45 - L7121OC40 27 73 520.90 271210949 27 73 129.50 2712W40 27 79 1613.44 312.0070 27 7. '114.45 _'712700-0 27 73 114.45 271339240 27 73 $14 45 271330290 27 73 114 45 2790070 27 73 1364.59 279050020 27 73 275050410 27 73 114 45 /,•-y, 279060530 4`7 73 512.55 277051420 21 73 114.45 27°070150 27 73 114 45 2750&0960 27 73 11276.0; 27<050m 27 73 1355+43 2+9120140 .. 73 WIS^ 55 275130300 27 73 514.45 279130310 27 73 114.45 27S N-20 27 73 514.45 279130150 27 73 114.45 279139390 27 73 114.45 27';130540 27 73 $14 45 277140012 P 73 5615.2 2+7140060 27 73 514.45 279140070 27 73 S14.45 27140040 27 73 514.45 275140122 27 T3 $14.45 2f7150M 27 73 SIS.?0 1 E=%59,5% E, 23 •• 27160090 27 73 114.45 2x190100 27 72 114.45 27919151 27 73 114.45 2.'9247910 27 73 114.45 27.2?V010 2? 73 *14.45 275250071 27 73 114.45 2711?40170 ?9 $14.45 Total Certified Amt. $11,663.73 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Refuse Collection Ordinance Amendments DATE: September 22, 1989 INTRODUCTION• On September 12, 1989 the Shakopee City Council denied the adoption of a refuse disposal ordinance providing for a closed refuse collection program. On September 20, 1989 the Energy and Transportation Committee recommended Council approval of several amendments to the current refuse collection ordinance relating to the provision of recycling services. BACKGROUND: The Energy and Transportation Committee has deleted all references for a closed refuse collection program from the proposed ordinance in accordance with Council's wishes. (See attachment #1) The ordinance proposed at this time addresses the type of refuse container to be utilized, the collection point and the provision of recycling and yard waste services by the City's contractor. The ordinance also includes a anti-scavenging section which provides the City of Shakopee with some recourse against those persons who are unlawfully taking recyclable materials from residents recycling containers. The proposed ordinance would basically provide the City of Shakopee with a new refuse disposal ordinance that would address the recycling aspects of our program. The Committee feels that it is important to properly address recycling in our current ordinance in an effort to avoid potential problems with our program. ALTERNATIVES• 1. Move to recommend to City Council approval of the refuse collection ordinance amendments relating to recycling collection and disposal. 2. Table pending further information from staff. 3. Maintain the status quo. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Offer Ordinance No. 273 An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code by Amending Chapter 3, Entitled "Municipal and Public Utilities-Rules and Regulations, Franchises and Rates" by Changing Provisions Relating to Refuse Collection and Adding Provisions Relating to Source Separation and by Adopting by Reference Shakopee City Code, Chapter 1 and Section 3.99, which among other Things, Contain Penalty Provisions and move its adoption. ORDINANCE NO. 273 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code by Amending Chapter 3, Entitled "Municipal and Public Utilities-Rules and Regulations, Franchises and Rates" by Changing Provisions Relating to Refuse Collection and Adding Provisions Relating to Source Separation and by Adopting by Reference Shakopee City Code, Chapter 1 and Section 3.99, which among other Things, Contain Penalty Provisions. THE CITY COUNCIL OF THE CITY OF SHAKOPEE ORDAINS: SECTION I: Shakopee City Code, Chapter 3 is hereby amended by changing Section 3 .15 Entitled "Rules and Regulations Relating to Refuse Collection" to read as follows: Section 3.15 Rules and regulations relating to source separation, collection and disposal of refuse. Subd. 1. Definitions. As used in this section, the following terms shall have the following meanings: 1. "Refuse" as used in this section shall include "garbage", refuse and litter as defined in Chapter 10 of the City Code, but shall exclude construction materials. 2 . "Paper" shall include paper of the type commonly referred to as newsprint. 3 . "Cans" shall include all disposable containers made and fabricated primarily of metal, aluminum and tin. 4. "Glass" shall include products used as bottles, jars and other glass containers, excluding however, blue and flat glass commonly known as "window glass" . 5. "Receptacle" shall mean individual containers constructed of weather proof, insect and rodent proof materials such as plastic or metal for refuse and recycling purposes. 6. "Recycling" shall mean any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products. 7. "Yard Waste" shall mean grass clippings and leaves. 8. "Refuse/Recycling Service Area" shall mean the area in which the City shall provide for the collection and disposal of refuse, recyclables and yard waste, generally defined as the area South of the proposed 101 by-pass or otherwise approved by the City Council. Subd. 2. Collection and Disposal of Refuse. The City shall provide for the collection and disposal of all refuse in a sanitary manner to insure the health, safety and general welfare of it's residents, under such terms and conditions as the City may, from time to time, deem appropriate. Such collection shall be made only in the areas defined by the City as the refuse/recycling service area and in accordance with the schedule, as established by the City. Subd. 3. Collection of Recyclable Materials. The City shall provide for the collection and disposal of newspaper, glass, cans and yard waste in a sanitary manner to insure the health, safety and general welfare of it's residents, under such terms and conditions as the City may from time to time, deem appropriate. Such collection shall be made only in the areas of the city, and in accordance with a schedule as established by the City Council. Subd. 4. Kind and Placement of Containers. A. Residential Units - The City or its duly authorized contractor shall be responsible for providing refuse and recycling receptacles to all single family units up to and including four plexes located within the refuse collection service area. The cost of the receptacles shall be included in the refuse collection rate. The refuse receptacles shall be made of plastic and not exceed 65 gallon capacity. These receptacles shall be water-tight and fitted with handles and a substantially tight fitting cover to prevent the disturbance of contents thereof by cats and dogs, and to prevent the propagation of, and infestation by, rats, flies, etc. The City shall also be responsible for providing residents within the refuse collection service area with a 30- gallon recycling receptacle. The recycling receptacle shall be constructed of weather proof, insect and rodent proof material such as plastic. The cost of the receptacles shall be included in the refuse collection fees. B. Commercial and Industrial Establishments - The owner, manager, proprietor, agent or occupant of any residential unit larger then a four plex, store, hotel, restaurant, saloon, stable or industrial building within the City shall be responsible for providing water tight receptacles for the reception r� of garbage and refuse. These containers shall be water tight and fitted with substantially tight fitting covers to prevent the disturbance of contents, and to prevent the propagation of, and infestation by rats, flies, etc. C. Placement of Containers - In so far as practical, receptacles shall be kept in the rear yard of homes and other places served as near to the alley and accessible to the collector as possible, and in those instances where homes and other places are not adjacent to alleys, the receptacles shall be placed on the driveway or other place convenient to the collector by 6 A.M. on the designated day of collection. Receptacles shall be removed by 7 P.M. on the designated day of collection and not otherwise be stored in areas of the front yard visible from the front curb line. D. All materials classified as refuse shall be wrapped, except in the case of restaurants, stores and commercial establishments. Subd. 5. Separation of Recyclable Materials - Recyclable materials collected by the City or its duly authorized contractor shall be separated, prepared and placed for collection in the manner hereinafter set forth. A. Newspapers - Used newspaper shall be placed into the recycling receptacle directly or neatly- packaged and securely tied bundles not exceeding (50) fifty pounds, or neatly packed into strong or doubled paper bags. B. Cans - Used cans shall be placed into a paper bag and deposited within the recycling receptacle. C. Glass - Used glass, such as glass bottles, jars and containers (except blue glass, and flat glass commonly known as window glass) shall be free from all food and liquid or other substances and placed into a paper bag and deposited with the recycling receptacle. With respect to glass, the caps and all other metal shall be removed. D. Yard Waste - Yard waste shall be placed in bags or other suitable containers. Yard waste should be free from refuse. Subd. 6. Disposal Required. Every person shall, in a sanitary manner, store and dispose of refuse that may accumulate upon property owned or occupied by him in accordance with the terms of this section. Refuse shall be collected or otherwise disposed of at least once a week. Individual householders and business establishments may contract with collectors directly and elect to not receive City collection service, in which case, the City shall be notified thereof. Individual householders.outside of the City's refuse collection service area may receive City collection service if City collection is implemented in said outlying neighborhood and 100% participation of the residents in the neighborhood agree to said refuse/recycling collection service. Subd. 7. When Collection Shall be Made by the City. A. The City or their duly authorized contractor shall be responsible for the weekly collection, removal and disposal of all contained refuse and recyclables from all residential buildings containing not more than four dwelling units and located within the refuse collection service area. B. Owners or lessees of residential buildings outside the refuse collection service area, residential buildings containing more than four dwelling units, industrial and commercial properties and all persons contracting with private haulers shall be responsible for the collection, removal and disposal of the refuse generated by those dwelling units and properties in the same manner and with same frequency as for other residential buildings located within the refuse collection service area. Subd. 8. Service Charge for the Removal and Disposal of Refuse and Recyclables. The City may charge a fee for the disposal of refuse and recyclable materials. The fee shall be set and maybe amended as determined by the City Council. Subd. 9. Billing. The City shall send to the owner of the premises from which refuse/recycling collections are made or to the "customer" responsible for payment of the water bill if such person is not the owner, a notice of the refuse/recycling disposal charges that are due, at the same times and intervals, in the same manner and together with, the water and sewer billings. Subd. 10. Duty to Provide Dumpster-Type Containers. The owner or occupant of any commercial/industrial building shall provide that building with a large dumpster-type rubbish container or containers. Said dumpster type rubbish container must be rodent proof, well maintained, bear identification of the rubbish firm supplying the containers, including the phone number, and be provided with metal or other approved material coverage which people can operate with no unusual physical effort. The rubbish haulers providing the dumpster service must 2- provide collection service at least once every week and the dumpster or dumpsters shall be of sufficient size and/or number to handle the accumulation of the rubbish between pick up periods from the address being served. Two or more citations for loose rubbish within a one year period shall be presumptive evidence that an additional dumpster or larger type container are needed to serve that address. Subd. 11. Storing of Refuse. No persons shall throw, place or deposit rubbish in any street, alley, sidewalk or on any public or private property in a commercial/ industrial district except in a dumpster type container as described in this article. No persons shall remove any refuse therefrom, except the refuse haulers or persons having the consent of the owner or occupant of the property served or law enforcement agencies in the pursuit of evidence. It shall be the responsibility of the owner and occupant of any private property in a commercial/industrial district to maintain the property in a condition free of strewn or piled refuse. Subd. 12. Collection of Recyclables Unauthorized Persons Prohibited. A. From the time of placement of the recyclable materials at the curb or other designated place of collection by the City or it's authorized agent pursuant to the provisions of this ordinance and any rules and regulations adopted thereunder, said recyclable materials shall become and be the property of the City or its duly authorized contractor as determined by the City. B. It shall be a violation of this chapter for any person not duly authorized by the City to collect or pick-up or cause to be collected or picked-up any recyclable materials placed at the curb or other designated place for collection by the City or it's authorized agent pursuant to the provisions of this chapter. Any and each such unauthorized collection in violation hereof from one (1) or more residences shall constitute a separate distinct offense punishable as hereinafter provided. Subd. 13. Unwarranted Disposal. No person shall throw, place or deposit refuse, yard waste, recyclables, construction materials or brush upon public property or privately owned property unless otherwise permitted by the City or private property owners. SECTION II: Adopted by reference General provisions and definitions applicable to the entire City Code including the penalty provision of Chapter 1 and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION III: when in force and effect After the adoption, signing and attestation of this Ordinance, it shall be published in the official newspaper of the City of Shakopee and shall be in effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee Minnesota, held this day of 1989. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this day of , 1989 . City Attorney To: Mayor, Councilmembers From: John DuBois, Acting Chief of Police Subject: Participation In Southwest Metro Task Force Date: September 28, 1989 Introduction The Shakopee Police Department is a participant in the Southwest Task Force. In past years the city has contributed $5,000.00 to participate. Money which was well-spent in an effort to control narcotics in our community. Background Sgt. Anderson' s name was submitted to the Southwest Metro Task Force by myself for the position of director of the task force for 1990. Anderson' s salary would be reimbursed at the rate of $7,551.57 quarterly to the city. Be would operate out of the Shakopee Police Department part-time, and also out of the South Lake Minnetonka Police Department part-time. With the money received for Anderson' s salary we would employ a new police officer who would come aboard with the understanding that it is strictly a year to year hiring and if the task force disbands or Anderson comes back to the police department, the new officer' s job would be terminated. See attached job description for Sgt. Anderson. Recommendation Authorize the police department to participate in the Southwest Metro Task Force, with the city to contribute $5,000.00. Authorize Acting Chief John DuBois to temporarily assign Sergeant Dennis Anderson to the duty of Task Force Commander of Southwest Metro Task Force for one year. Authorize the police department to hire a officer to replace Sergeant Anderson, with money contributed. Council Action Requested Authorize the police department to participate in the Southwest Metro Task Force, with the city to contribute $5,000.00. Authorize Acting Chief John DuBois to temporarily assign Sergeant Dennis Anderson to the duty of Task Force Commander of Southwest Metro Task Force for one year. Authorize the police department to hire a officer to replace Sergeant Anderson, with money contributed toward the task force fund. Offer Resolution No. 3125, A Resolution Relating to City Participation in Narcotics Control Program, and move its adoption. RESOLUTION NO. 3125 A RESOLUTION RELATING TO CITY PARTICIPATION IN NARCOTICS CONTROL PROGRAM WHEREAS, the Minnesota Department of Public Safety has been designated to administer law enforcement funds available through the Federal Anti-Drug Abuse Act of 1986; and WHEREAS, the City is eligible to receive funds for services set forth in its grant application; NOW, THEREFORE, BE IT RESOLVED that the City of Shakopee enter into agreement with the State of Minnesota, Department of Public Safety, to reimburse the City for money spent for approved activities in connection with its grant application. BE IT FURTHER RESOLVED that the proper city officials be and hereby are authorized to execute such agreement and any amendment thereto. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of 1989. City Attorney G SOUTHWEST METRO DRUG ENFORCEMENT TASK FORCE JOB DESCRIPTION TASK FORCE COMMANDER This is an administrative and technical position of law enforcement in the direction of the employees and activities of the Southwest Metro Drug Enforcement Task Force. This is an important administrative position involving personal responsibility for the enforcement of statutory drug laws , within the Task Force Jurisdiction, through the supervision of all Task Force functions. Work involves the efficient and effective operation of the Task Force through control of activities and seeing that enforcement and prevention measures are accomplished through planning activities and the training, assigning, supervision and discipline of all Task Force members. The employee consults with the appointing authority (Coordinating Committee) in determining plans and policies to be observed in the conduct of the Task Force Operations but works independently in carrying out the Task Force functions. RXAMPL.ES QE WORE; PERFORMED - Plans, organizes, directs and reviews all operations of the Task Force; - Independently, in conference with the Coordinating Committee and members of the Task Force, formulates plans , programs and procedures to meet operating needs and service demands; - Reviews and approves recommendations for staffing and assignments; - Issues special orders to Task Force members: - Supervises and/or assigns and participates in the training of Task Force members; - Evaluates the performance of Task Force members through observation of their activities, personal discussions, and analysis of reports submitted; - Reviews investigation and arrest reports for accuracy, completeness and legibility and submits reports to the proper prosecuting authority; SOUTHWEST METRO DRUG ENFORCEMENT TASK FORCE JOB DESCRIPTION T9Sg FORCE COMMANDER FXAMPLRS QE WORKED PP RREQRU (cont'd) - Signs Formal Complaints for Task Force related arrests ; - Assures that evidence is properly packaged, labeled, marked and communicated to an authorized testing site; - Meets with citizens concerning complaints , activities of the Task Force and other matters of public interest in the development of good public relations; - Reviews , prioritizes and assigns cases concerning information brought the attention of the Task Force through informants , police officers and the public; - Meets with and lectures to business groups , service organizations, civic groups , schools and other public groups as the need arises; - Coordinates with various state, local, federal and private agencies involved in drug enforcement and drug prevention or treatment; - Prepares or directs the preparation of periodic or special reports on Task Force activities and operations , statistics and other materials for Task Force and other governmental agency use. CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Judith S. Cox, City Clerk`-Wr__ RE: Assessment Split for Heritage Development (Proposed Heritage 2nd Addition) DATE: September 26, 1989 INTRODUCTION: The attached Resolution apportions the existing special assessments against new parcels resulting from the sale of land. BACKGROUND: Scottland Companies own approximately 56.85 acres which were assessed $242, 580.88 for the improvements to Vierling Drive Easterly of Marschall Road. Subsequent to the completion of the Vierling Drive and the adoption of the assessments therefore, Scotland Companies sold a portion of this parcel to Heritage Development. It is necessary at this time to apportion the original assessment against the two resulting parcels. The Engineering Department has calculated the apportionment of the special assessments as contained in the attached Resolution. The two property owners have been advised of this apportionment. It is desireable to adopt the apportionment of the special assessments prior to October 10th, when the Finance Director certifies all special assessments to the County Auditor. As you know these annual certifications of special assessments will be placed on the tax statement for the following year. ALTERNATIVES: 1) Adopt the apportionment as prepared. 2) Amend the apportionment as prepared. 3) Continue to allow the full assessments against the original parcel - even though it has been reduced substantially in size. RECOMMENDED ACTION: Offer Resolution No. 3119, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Subdivision Of Land (Parcel #27-908001-0) , and move its adoption. JSC/tiv RESOLUTION NO 3119 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE SUBDIVISION OF LAND (PARCEL #27-908001-0) - WHEREAS, on August 1, 1989, Resolution NO. 3091 adopted by the City Council levied assessments against properties benefitted by the construction of Vierling Drive from County Road 17 Easterly for approximately 3200 feet (Project No. 1988-1) ; and WHEREAS, a track of land benefitted by the said improvements, known as parcel #27-908001-0, has been subdivided so as to create two parcels; and WHEREAS, it is the desire of the City Council to apportion the installments remaining against said track between the two newly created parcels; and WHEREAS, the property owners involved have been notified of this proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1) That the assessment to parcel #27-908001-0 is $242, 580.88 for the 1988-1 Vierling Drive Improvement Project and is hereby apportioned as follows: Parcel # Name/Address Legal Description Amount 27-908001-0 Scottland, Inc. 27.35 Acres Lying $106,505.17 1244 Canterbury Rd in the Northerly Shakopee, MN 55379 part of North 1/2 South West 1/4 of 8-115-22 27-908001-1 Heritage Development 29.5 Acres Lying in $136,075.71 450 East CR-D the Southerly part Little Canada, MN of North 1/2 South West 55110 1/4 of 8-115-22 2) That all other parts of Resolution No. 3091 shall continue in effect. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota held this 3rd day of October, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1989. City Attorney CONSENT 0-9) MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Apportionment of Special Assessments - Stonebrooke 1st Addition DATE: September 27, 1989 INTRODUCTION: The attached Resolution No. 3120 apportions the existing special assessments against lots within the new Stonebrooke 1st Addition. BACKGROUND: When the special assessments were levied for the Timber Trails Street Rehabilitation Project No. 1986-5, the assessment for a parcel owned by Mr. Daniel John O'Connell was deferred for a period of five years or until such time as the property was platted. This particular parcel is part of the Stonebrooke 1st Addition. It is appropriate at this time that this deferment cease and that the special assessments be apportioned among the five lots created within this parcel. The resolution includes, in addition to the principal amount, interest from September 23, 1986 until December 31, 1989, at the rate of 8 1/2 percent, as contained in the original resolution adopting the special assessments. It is desireable that the special assessments be apportioned at this time in order that the Finance Director may certify the apportionment to the County Auditor by the October 10th deadline. This will allow the County Auditor to place the special assessments on the tax statements for the respective parcels when they are mailed out next February. The property owners have been advised of this apportionment. RECOMMENDED ACTION: Offer Resolution No. 3120, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of Stonebrooke let Addition, and move its adoption. JSC/tiv RESOLUTION NO. 3120 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF STONEBROOKE 1ST ADDITION WHEREAS, on September 23, 1986 Resolution No. 2628 adopted by the City Council levied assessments against properties benefitted by the construction of the Timber Trails Street Rehabilitation Project #1986-5; and WHEREAS, parcel #27-061040-0 was assessed and said parcel has since been replatted as part of Stonebrooke 1st Addition; and WHEREAS, parcel #27-919014-0 was assessed, but the assessment was deferred for a period of five years or until such time as the property is platted; and WHEREAS, the deferment of the special assessments for said parcel #27-919014-0 provided for the accrual of interest on the parcel at the rate of 8 1/2 percent from the date of the adoption of the special assessments on September 23, 1986; and WHEREAS, said parcel #27-919014-0 has since been platted into five lots which are now included within the subdivision of Stonebrooke 1st Addition; and WHEREAS, it is the desire of the City Council to apportion the aforementioned special assessments among the new parcels incorporated into Stonebrooke 1st Addition; and WHEREAS, the property owners involved have been notified of this proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1) That the deferred special assessments against parcel #27- 919014-0 for the 1986-5 Project are no longer deferred and are hereby apportioned as set out in "Exhibit All , attached hereto and made a part hereof. 2) That the 1989 payable remaining balance of assessments against parcel #27-061040-0 for the 1986-5 Project are hereby apportioned as set out in the attached "Exhibit All, attached hereto and made a part hereof. 3) That all other parts of Resolution No. 2628 shall continue in effect. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 3rd day of October, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1989. City Attorney F O G. b I I t I 1 N N I I I V N V N R I W m I N N N N N m a t m m W o 0 1 a a t o mv a o o � m_ m ' m a 1 m m 0 o 0, Im O 0, I I � I t I _ e N Gl W N W t I i W m O e 0 m O m ? O m O O m O m W ..m _ 2 I m a m m o P i i I w t z I m o o m o a 1 1 t m + a + + m + W + n m _ — _ ^ _ _ — Q _ —i _ _i ^ I I a m 0 a go ? nv .0 ncN n v - � i i F • ' F F , F I F x m m I ! t N N N m N N I t w I ! I I 1 I V V V 19 m m 0 m m t j l 0 I m m o 0 o 0 m 0 I r I t l m ! m m I I y w AI . A I t I m m m m i a n rT 0 0 I m V m I LL--L W F` N O �ONISENT MEMO TO: Dennis R. Kraft, City Administ ator FROM: Judith S. Cox, City Clerk RE: Apportionment of Special As essments - Meadows 2nd Addition DATE: September 27, 1989 INTRODUCTION: The attached Resolution No. 3121 apportions the existing special assessments against three separate parcels which have been platted into Meadows 2nd Addition. BACKGROUND: - Three separate parcels have been platted into the subdivision of Meadows 2nd Addition. There are existing special assessments against these parcels. It is appropriate at this time that these special assessments be apportioned against the new lots within the Meadows 2nd Addition. If the apportionment can be adopted by Council prior to the October 10th certification of special assessments to the County Auditor by the City Finance Director, these special assessments will appear on the appropriate tax statements next February. The property owners involved have been notified of this proposed apportionment. RECOMMENDED ACTION: Offer Resolution No. 3121, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of Meadows 2nd Addition, and move its adoption. JSC/tiv RESOLUTION NO. 3121 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF MEADOWS 2ND ADDITION WHEREAS, on August 25, 1981, Resolution No. 1891 adopted by the City Council levied assessments against properties benefitted by construction of the 1981-1 V.I.P. Interceptor; and WHEREAS, on September 20, 1988, Resolution No. 2946 adopted by the City Council levied assessments against properties benefitted by construction of the Valley Industrial Park Sewer Extension from the West side of County Road 17 to the East side of County Road 79, Project No. 1987-13; and WHEREAS, three tracks of land benefitted by the said improvements have been subdivided into the plat of Meadows 2nd Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against the parcels created because of the platting of Meadows 2nd Addition; and WHEREAS, the property owners involved have been notified of this proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1) That the 1989 payable remaining balance of assessments: A) To parcel #27-136055-0 is $10,431.40 for the 1981-1 V.I.P. Interceptor and is $37,886.58 for the 1987-13 V.I.P. Sanitary Sewer Extension, B) To parcel #27-136056-0 is $1,072.51 for the 1981-1 V.I.P. Interceptor and is $3,895.23 for the 1987-13 V.I.P. Sanitary Sewer Extension, C) To parcel #27-136057-0 is $1,972.70 for the 1981-1 V.I.P. Interceptor and is $7,164.71 for the 1987-13 V.I.P. Sanitary Sewer Extension, and are hereby apportioned as outlined in "Exhibit All attached hereto and made a part hereof. 2) That all other parts of Resolution No. 1891 shall continue in effect. 3) That all other parts of Resolution No. 2946 shall continue in effect. Adopted in Regular Session of the City Council of the city of Shakopee, Minnesota, held this 3rd day of October, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1989. 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Kraft, City Adm' istrator FROM: Judith S. Cox, City Clerk(✓ RE: Appointment of Election Judges for Municipal Election DATE: September 28, 1989 INTRODUCTION: The attached Resolution No. 3124 appoints the Election Judges for the November 7th Municipal Election and establishes the compensation for their work. BACKGROUND: Minnesota Statutes require the appointment of Election Judges to serve at the Municipal Election on November 7th at least 25 days prior to the Election. The Election Judges included in the resolution have been contacted and are willing to work during the Election. These are some of the same Election Judges which were appointed and worked during the Presidential Election in 1988. All Election Judges have received basic training and will be required to attend a review training session prior to the Election in November. RECOMMENDED ACTION: Offer Resolution No. 3124, A Resolution Appointing Judges Of Election And Establishing Compensation, and move its adoption. JSC/tiv RESOLUTION NO. 3124 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. The following persons are hereby appointed Judges of Election for the five polling precincts with the City of Shakopee designated in Resolution No. 2021, adopted July 6, 1982: FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson, Chair Marie Kocks Claude Kolb Ann Noterman Susan Niewind SECOND PRECINCT: Regular Judges Lucille Odenwald Pat Pennington, Chair Ethel Schneider Robert Johnson Ottillia Mingo Connie Berens Marilyn Lang THIRD PRECINCT: Regular Judges Maetta Jurewicz , Chair Deborah Schmidt Joyce Schwartz Jan Gerold Darlene Meuwissen Lenore Johnson Beryl Barrett Loretta Jaspers JoAnn Coller Maureen Kurvers FOURTH PRECINCT: Regular Judges Lillian Weinandt. Chair Sylvester Gerold Bernadine Hyatt Martha Buckmeier Pat Clemens Muriel Koskovich FIFTH PRECINCT: Regular Judgesyiroilla Geske Chair Carol Link Rudy Maurine Thea May Marianne Schmid - 2. The Election Judges shall be compensated for their work at the rate of $4.00 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $4.50 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of 1989. City Attorney MEMO TO: Dennis R. Kraft, City AdmirAstrator FROM: Judith S. Cox, City Clerk ( � RE: Amending Salaries of CouncilVLembers DATE: September 26, 1989 INTRODUCTION: The attached Ordinance No. 274 amends the City Code by increasing the salaries of Councilmembers effective January 2, 1990. BACKGROUND: At the regular Council meeting on September 12, 1989, Council directed staff to prepare an Ordinance amending the City Code by doubling the salaries of Councilmembers. At that time there was some discussion as to whether or not such an amendment could happen after filings closed for the upcoming City election. the City Attorney has advised that Council may adopt an amendment to the City Code increasing the Councilmembers salaries at any time; however, the increase may not become effective until the new Council is seated. the attached Ordinance increases the Mayor's salary from $350. 00 per month to $700.00 per month, and increases Councilmembers salary from $300.00 per month to $600.00 per month. The Ordinance will not become effective until January 2, 1990, when a new Council is seated. ALTERNATIVES: 1) Adopt Ordinance as drafted. 2) Amend the Ordinance as drafted. 3) Do not adopt the Ordinance, leaving salaries as currently outlined in the City Code. RECOMMENDED ACTION: If it is Council's desire to increase the Council salaries, the following action is in order: Offer Ordinance No. 274, 4th Series, An Ordinance of the City of Shakopee, Minnesota, Amending the City Code Chapter 2 Entitled "Administration and General Government" By Amending the Salaries of Mayor and Councilpersons as Set Out in Section 2.13, Subd 1, and by Adopting by Reference Shakopee City Code Chapter 1 and Section 2.99, which among other things contain penalty provisions, and move its adoption. JSC/tiv 2S a M �i v i o s o m �, o7M M \ n w x c a o n < c � i a O C r • N � N e R • •- _ .n. � n A n F ;� G M • � D n M T O z G o X m m iv •�- a ro m P N w a a �a m a m w o rD r 3 N N D J N P m W m m D 4 D N d m a ti m m W m m A N N N N m V J m m m n m •+ Y•'t m N W m m P B N m m m m m P 0 . � 3 rt Tm a S N r m m n an N N N N N N N N N d N N N N N N N 3 N N O 3 _ On. G ti o Z Y•O N rt rn D A P ? P P A G d W N D W W ? D A Z O 0 Y• N N B N P m N W N P N m m P W N N Z O a M N M N O m a 9 w T z o m m m O p m W m m m m m m m m B m O 3 w G m `G 6 b m B m � m m B m A m m N J m �U D Y• O Y• 9 M r m w W m m m O m m m NN m m m m m m m J m m m w m m m O m m m B m m m m m m m n z _ r n N N W U A W N d N W N P W N W N 3 P d P a- m P d .• m J m d m m d N J �L m m m m O m m m m m m m m m m m J e m D m m B C m m m m m m m m B B B m m J N ORDINANCE NO. — 274 Fourth Series An Ordinance of the City of Shakopee, Minnesota, amending the City Code Chapter 2 entitled " Administration and General Government" by Amending the Salaries of Mayor and Council Persons as setout in Section 2.13 Subd 1 and by Adopting by Reference Shakopee City Code Chapter 1 and Section 2.99 which Among Other Things Contain Penalty Provisions THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I• Repeal Subd 1 of Section 2.13 is hereby repealed. SECTION II: Establishing Salaries of Mayor and Council persons Salaries of Mayor and Council persons effective January 2, 1990, and which amounts are deemed reasonable and proper, are hereby .fixed as follows: A. The salary of Mayor shall be $700.00 per month. B. The salary of each Council person shall be $600.00 per month. SECTION III: Penalty Provisions Shakopee City Code Chapter 1 entitled "General Provisions and Definitions" applicable to the entire City Code including penalty for violations and Section 2.99 entitled "Violations a Misdemeanor " are adopted in their entirety by reference as though repeated verbatim herein. SECTION IV: When in Force and Effect After the adoption, signing and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after January 2, 1990. • Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of 1989. ATTEST: Mayor of the City of Shakopee City Clerk Approved as to form this 20th day of September, 1989. City Attorney CONSENT MEMO TO: Mayor and City Council FROM: LeRoy Houser, Building Official RE: Community Youth Building DATE: September 28, 1989 Introduction Attached is a revised resolution providing for the use of the Shakopee Community Youth Building. Background Due to some concern on the part of the major contributors regarding the use of this facility I have recommended the resolution be changed to preclude political/religious/profit groups from using the building. The recent use of the building by the pro-life group and the PIE group opens the door for considerable controversy and is not in keeping with the intent and spirit in which the donations were made. We feel the resolution change will better maintain the youth use intent. The additions to the resolution have been underlined. Action Requested Offer Resolution No. 3123, A Resolution Accepting the Shakopee Community Youth Building From The Shakopee Lions and Establishing A Committee To Oversee Its Operation, and move its adoption. LH/jms RESOLUTION NO. 3123 A RESOLUTION ACCEPTING THE SHAKOPEE COMMUNITY YOUTH BUILDING FROM THE SHAKOPEE LIONS AND ESTABLISHING A COMMITTEE TO OVERSEE ITS OPERATION WHEREAS, the Shakopee Lions Club has received donations and constructed a building upon City property in Lions Park to be used as a meeting place for scouting groups, and other structured youth groups, in Shakopee; and WHEREAS, the Shakopee Lions Club has turned the building over to the City of Shakopee to own and maintain; and WHEREAS, the Shakopee Lions Club is recommending that a "Shakopee Youth Building Committee" be established to oversee the scheduling and cleaning of the building; and WHEREAS, members of the Shakopee Lions have spent much time and energy in the construction of a building which can be used by the boy scouts, cub scouts, girl scouts, and other structured youth groups within the City of Shakopee; and WHEREAS, the City of Shakopee can be grateful for and proud of the facility constructed by the Shakopee Lions Club for the community betterment and concern for the youth of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. The City hereby accepts the community youth building located at Lions Park so generously donated by the Shakopee Lions Club, other persons, firms, organizations and fraternal organizations to the City of Shakopee for community youth activities. 2. The City shall maintain the physical plant and exterior of the building and the Lions will maintain the interior of the building; and the City will provide any pay for the utilities and insurance costs of the building. 3. A Shakopee Youth Building Committee is hereby established which shall be responsible only for the scheduling of the use of the community youth building, for scouting groups and other structured youth groups in Shakopee, as well as interior maintenance of the building; the Committee will operate as follows: a. The Committee shall be comprised of (five) members to be appointed by the City Council consisting of representatives from local scouting programs. The aforementioned shall submit names to the Council for their consideration. Resolution No. 3123 Page Two b. The members shall serve staggered terms which shall expire on January 31st as do terms of other City board and commission members. C. The Committee shall establish its own meeting dates, elect its officers, and shall follow Roberts Rules, Newly Revised in conducting its meetings. d. The Committee shall submit a schedule of times and users, at least one month in advance of the scheduled times, to the Shakopee Community Recreation Director. The Director may schedule other community groups which are of a non-political/non-profit/ non-religious nature for times which have not been sc e u e y e Committee. e. The Committee shall submit an annual report to the City council, not later than February 1st of each year, outlining the use of the building during the preceding calendar year. The annual report shall include the preceding year end financial statement as well as the budget for the current year. f. The City Council shall serve as the Appeals Board should there by any matter which needs to go to an appeals board. g. Consistent with a commitment made by the Shakopee Lions, Council has determined that there shall be no charge for the use of the building by any Shakopee youth organization. BE IT FURTHER RESOLVED that Resolution No. 3019 is hereby repealed in its entirety. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1989. City Attorney CONSENT MEMO TO: Dennis R. Kraft, City Admi�ni^strator FROM: Judith S. Cox, City Clerk -h- RE: Vacation of Easements Behind Shakopee Town Square Theatre DATE: September 29, 1989 INTRODUCTION: The attached resolution sets the date for a public hearing to consider the vacation of utility easements in order to allow the expansion of the Shakopee Town Square Theatre. BACKGROUND: The City has received a petition for the vacation of utility easements in Lot 1, Block 1, Valley Mall 1st Addition in order to allow an expansion behind the Shakopee Town Square (formerly Minnesota Valley Mall) . The Shakopee Town Square Theatre will be locating into a part of the Mall plus they will be adding on to their area. There is a utility easement immediately behind the existing building which must be vacated prior to the expansion to the rear. There is a public water main in the easement which needs to be relocated. The applicant is in contact with Shakopee Public Utilities. A new easement will have to be given to the City and the current watermain will need to be relocated within this easement. The applicant has been informed that this must take place before the resolution of vacation can be adopted. Since they are anxious to begin construction this fall, they will be working closely with Shakopee Public Utilities to relocate the watermain as soon as possible. Resolution No. 3127 sets the date for a public hearing to consider the vacation of the easement. If the watermain has not been relocated by this time, the hearing can still take place. The resolution of vacation, however, does not have to be adopted at this same time. It can be adopted at a subsequent meeting when the watermain has been relocated. The public hearing will be set for Council's first meeting in November, once that date is established. RECOMMENDED ACTION: Offer Resolution No. 3127, A Resolution Initiating The Partial Vacation of a Utility Easement Lying in Lot 1, Block 1, Valley Mall let Addition, Scott County, Minnesota, For Shakopee Town Square Theatre Expansion, and move its adoption, and direct staff to set the date for the public hearing for the first Council meeting in November. JSC/tlV RESOLUTION NO. 3127 A RESOLUTION INITIATING THE PARTIAL VACATION OF A UTILITY EASEMENT LYING IN IAT 1, BLOCK 1, VALLEY MALL 1ST ADDITION, SCOTT COUNTY, MINNESOTA, FOR SHAKOPEE TOWN SQUARE THEATRE EXPANSION WHEREAS, a petition has been received from the property owner requesting the partial vacation of a utility easement in Lot 1, Block 1, Valley Mall 1st Addition; and WHEREAS, the property owner proposes to relocate the utility easement and watermain within the easement so that the current need for the easement will no longer exist; and WHEREAS, a public hearing must be held before action on the vacation can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the day of November, 1989, at 8:00 P.M. , or thereafter, on the matter of vacating part of the utility easement lying in Lot 1, Block 1, Valley Mall lst Addition, Scott County, Minnesota, to allow the expansion of the Shakopee Town Square Theatre. BE IT FURTHER RESOLVED, that two weeks published notice be given by publication in the Shakopee Valley News and posted notice be given by posting a copy of such notice on the bulletin board in the main floor of the Scott County Courthouse and the bulletin board in the Shakopee City Hall. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 3rd day of October, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1989. City Attorney •e,.T4 N540i• Z2W .N 5i°Z9,55"W _��•w � I6S.op '( v1 a,T]_87 J b a. i + :i:;T• bY+�i{\' O ass5 m YYY a \ a z wl �I � t �( g� p s � s• s- ,m pi I ' V Vn 0IN OR S V pp w1 n ` , � SS , �• O ° Ie •�• � Avo * �\ \T\ Oa Y . 2 < � N • \\ a. ' al m 9 IOD M 130 a x x ��+�/Q r�•/ m O b O 010 rm i �� d �r E•t y o . LCURT JOrNSON ' R0PER -1 c5 iNC. D E V E L O P M E N T D I V I S I O N September 28, 1989 . Ms . Judy Cox City of Shakopee _ 129 East First Avenue - Shakopee, MN 55379 Re: Petition to VacateUtilityEasement - Shakopee Town- Square Dear Ms . Cox: Per our discussion on Tuesday, September 26, 1989, I am submitting a completed application along with the $50. 00 fee for our ' petition to vacate the utility easement at Shakopee Town Square (formerly Minnesota Valley Mall) . The vacation and subsequent relocation of this easement is necessary for our proposed theater. addition. As we discussed, by submitting this application to you by Friday, September 29, 1989, we will be able to be placed on the agenda for the next City Council meeting dated October 3, 1989 . The Council then refers the petition to a public hearing held by City Council dated November 7, 1989 . I understand that by the November 7th meeting we need to provide- you with a revised survey/plat describing and relocating the utility easement. This work is currently underway by the same survey engineer who is working on the K-Mart expansion. Please review this information and let me know if there "are any discrepancies. I would appreciate it if you would send me- a copy of the staff reports and meeting agendas- for these procedures. I appreciate your cooperation. Sincer - - Christine A. McGrath - Vice President of Development CAM:bd Enclosures cc:Gary Harris Brad Lis Bob Vanney 10560 L%avzata Blt'd. SU; _ �' ... 12 Member ct