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HomeMy WebLinkAbout10/06/1992 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 6, 1992 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] 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. ) 9] Approval of the Minutes of September 1, 8, 15, 1992 10] Communications: None 11] Public Hearings: None 12] Boards and Commissions: None 13] Reports from Staff: a] Rahr Malting Lift Station - Res. No. 3674 b] Dean' s Lake Road *c] Completion of Probationary Period - Craig A. Robson d] Hiring An Architect for The Ice Facility e] Weather Forecasting Service *f] Tahpah Park Concession Stand Project - Bids g] Authorizing Sale of 1992 Bonds ($1, 665 , 000 GO Improvement Bonds and $1, 885, 000 GO TIF Refunding Bonds) Resolutions No. 3678 and 3679 h] Upcoming Assessment Hearings *i] 1992 Auditor Selection *j ] Approve Bills in the Amount of $185, 333 . 04 *k] Sale of Surplus Property 1] Update on the Highway 18 Interchange *m] City Council Chambers Audio/Video Bid Award TENTATIVE AGENDA October 6, 1992 Page -2- 14] Resolutions and Ordinances: *a] Res. No. 3666 - Approving One Day Off-Site Lawful Gambling License for Lion' s Club *b] Res. No. 3667 - Amending 1992 Budget *c] Res. No. 3668 - Approving Plans & Specs for CR-78, Project CP 89-78-81 *d] Res. No. 3669 - Prohibiting Parking on CR-78 e] Res. No. 3670 - Declaring Cost to be Assessed and Setting Public Hearing for Jefferson St. Watermain, Project No. 1991-8 *f] Res. No. 3671 - Accepting Work on 5th & Market Public Improvement, Project 1989-4 and Bluff Avenue Improvement, Project 1990-7 g] Res. No. 3672 - Declaring Cost to be Assessed and Setting Public Hearing for 1992 Sidewalk Replace- ment, Project No. 1992-7 h] Res. No. 3673 - Declaring Cost to be Assessed and Setting Public Hearing for Vierling Drive, 1992-3 *i] Res. No. 3675 - Constitutional Amendment to Create A New Property Taxpayers ' Trust Fund in Minn. *j ] Res. No. 3676 - Accepting Work on J. E.J. Parking Lot, Project No. 1991-5 *k] Res. No. 3677 - Appointing Election Judges 15] Other Business: a] Set Next Committee of the Whole Meeting Date b] c] d] 16] Adjourn to Tuesday, October 20, 1992 at 7 : 00 P.M. Dennis R. Kraft City Administrator MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: October 2, 1992 1. Attached is a memorandum from the Public Works Director regarding a traffic signal at C.R. 83 and C.R. 16. 2 . Attached is a memorandum from the City Attorney regarding garage sale signs on utility poles. 3 . Attached is correspondence from Thomas DeMatteo regarding the Urban Klein - Sewage Back-Up Matter. 4 . Attached is the agenda for the October 8, 1992 meeting of the ` Planning Commission. 5. Attached is the agenda for the October 8, 1992 meeting of the Board of Adjustment and Appeals. 6. Attached is correspondence from Mark Hammerstrom, Amzak Cable regarding several new customer service enhancements and a rate increase. 7 . Attached for your review please find an article submitted by Councilmember Joan Lynch re: Chaska providing city-owned house for emergency housing program. 8 . Attached for your information is a report on Metropolitan Agencies also submitted by Councilmember Joan Lynch. 9. Attached is a memorandum from the Assistant City Administrator regarding potential transit funding sources. 10. Attached is the Police Newsletter for Council review. 11. On September 28, 1992 Mr. Virg Lukin presented to the Shakopee Park and Recreation Advisory Board the preliminary results from the municipal pool analysis. A final report is currently being prepared. Staff expects the Park and Recreation Advisory Board to forward a recommendation to City Council regarding potential equipment upgrades for the pool following their October 26, 1992 meeting. Mr. Lukin's findings indicate that there are several improvements that can be made to the pool that will improve operations at a very small cost. However, as expected there are several serious problems with some of the major components of the pool system that will have to be addressed over the next five year period. 12 . On September 15, 1992 Council approved the selection of Moss and Barnett as the law firm to assist the City with the Cable Company's request for a franchise ordinance amendment. Mr. Adrian Herbst from Moss and Barnett has completed a preliminary analysis of the Cable Company' s request and is in the process of preparing the necessary language for an ordinance amendment should Council select to proceed. In early October, the Shakopee Cable Commission will be reviewing the information submitted by Moss and Barnett regarding the Cable Company's request. The Cable Commission is expected to make a recommendation to City Council for their consideration at either the October 20, 1992 City Council meeting or the November 3 , 1992 City Council meeting. 13 . On September 30, 1992 the Shakopee Community Development Commission held a special session to discuss issues that they have identified in their process for reviewing the future status of Block 4 in the downtown area. The Community Development Commission is expected to approve their final report on October 21, 1992 . The report is expected to be submitted to the Shakopee HRA for their review and consideration on November 3 , 1992 . 14 . Attached is the 3rd Quarter Report from the Fire Department. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Traffic Signal at County Road 83 and County Road 16 DATE: September 24, 1992 NON - AGENDA INFORMATION ITEM FOR COUNCIL The Scott County Highway Engineer has notified staff that the traffic signal warrant study for the intersection of County Road 83 and County Road 16 has been completed and that a traffic signal is warranted at this intersection. Since this signal is at the intersection of two County highways, the cost of installing the signal will be 100% County with no City participation. Before this signal can be installed though, there are several hurdles that need to be overcome, as follows: 1. Currently the County does not have any funding for this project. 2 . The County will be approaching the Mdewakanton Sioux Community to request that they contribute to the cost of the signal since the majority of the traffic is being generated by the casino. 3 . The County has asked Mn/DOT to review their plans for the County Road 83 interchange with the Shakopee Bypass to determine if any plan revisions are needed by the signal installation. If so, this could delay the bid letting for the County Road 83 bridge currently scheduled for sometime in October, 1992 . The County Engineer has indicated that the formal warrant study report will be sent to the City Council once the above items are further addressed. DEH/pmp STUDY i3/42 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: September 24, 1992 RE: Garage Sale Signs on Utility Poles At the September 1, 1992 , City Council meeting questions were raised regarding placement and removal of garage sale signs on utility poles. As you may know, the Vincent case before the United States Supreme Court determined that cities adopt an ordinance to prohibit, and may remove, any signs on utility poles. Our ordinance is not quite that specific. City Code Sec. 4 . 30, Subd. 3 .E prohibits signs on public right-of-way, which would include utility poles located on the right-of-way. City Code Section 4 . 30, Subd. 3 .B. 5 provides that garage sale signs "shall be removed" within seven days after the sale. It fails to specify who shall do the removing, although it is clear from the context that the person holding the garage sale is expected to do so. I expect that these provisions will be clarified and tightened up during the zoning ordinance revision in 1993 . If you have any further questions, please let me know. Signed Karen Ma ty, City Attorney KEM:bjm [24MEMO4] cc: Dennis Kraft Azi. 3 LAW OFFICES FRYBERGER, BUCHANAN, SMITH & FREDERICK R BRUCE BUCHANAN• A PROFESSIONAL ASSOCIATION NICK SMITH HAROLD A.FREDERICK 700 LONSDALE BUILDING H.B.FRYBERGER,JR. DEXTER LARSEN• COUNSEL JAMES H STEWART302 WEST SUPERIOR STREET ROBERT E.TOFTEY' DULUTH, MINNESOTA 55802-1863 MICHAEL K. DONOVAN PAUL F. SCHWEIGER' (218)722.0861 H.B.FRYBERGER,SR.(1865-1937) NEAL J. HESSEN' AMASA E.WHEELER(1889.1970) JOSEPH J. MIHALEK• FAX(218)722-9568 LOREN W.SANFORD(1931-19781 SHAWN M.DUNLEVY• - ANNE LEWIS DAVID R.OBERSTAR• • ABBOT G.APTER 'ALSO LICENSED MICHAEL COWLES ° IN WISCONSIN MARTHA M.MARKUSEN' '- DANIEL D. MADDY STEPHANIE KI A.BALL ��9? PAUL B. ANCES E A w 4 MARY FRANCES SKALA SEP L WILLIAM A.VINCENT G` ROLF A.LINDBERG __ THOMAS D.DEMATTEO KEVIN T.WALLI - - TERESA M O'TOOLE September 24, 1992 '°" Members of the City Council City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Urban Klein - Sewage Back-up Matter Ladies and Gentlemen: Just a quick note on behalf of the Kleins to acknowledge receipt of a check in the amount of $2, 307 . 50 and to thank the City Council for their help in this matter . Yours truly, 4111111 Thomas D. DeMatteo TDD/mlc cc: Mr . and Mrs. Urban Klein William J. Klein David D. Klein -� y TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN October 8 , 1992 Chairperson Terry Joos Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the September 3 , 1992 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . 8 : 00 CONTINUED PUBLIC HEARING: To consider a Planned Unit Development, Milwaukee Manor, consisting of 2 , 3 , and 4 unit townhomes, located south of Clifton Townhomes . Applicant: LeRoy Menke 6 . Vacation Continued: To consider the vacation of a portion of Minnesota Street north of the alley located north of 7th Ave. Applicant: LeRoy Menke 7 . 8 : 20 P.M. PUBLIC HEARING: To consider an amendment to Conditional Use Permit No. 624 for Mineral Extraction and Land Rehabilitation upon the property located on the north side of Valley View Rd. , approximately midway between CR 17 and CR 83 . Applicant: Raymond Ames Action: Amend Conditional Use Permit No. 624 8 . 8 : 30 P.M. PUBLIC HEARING: To consider a request to amend City Code, Section 11 . 36 , Subd. 2 , to expand the permitted uses in the RTD district. Applicant: Ladbroke Racing Canterbury Downs 9 . Vacation: To consider the vacation of the 20 ' drainage and utility easements located east of Citation Drive, south of East Hwy 101 , and west of Valley Park Drive. Applicant: Valley Green Business Park Limited Partnership - Jon Albinson • 10. 8: 50 P.M.PUBLIC HEARING: To consider an amendment to the City's Comprehensive Plan. 11. Reviews: A. Bernard Jeurissen - Mobile Home on Farmstead CUP B. One Way Sweep - Conditional Use Permit 12 . Other Business A. Adoption of Roberts Rules of Order B. 13 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. 4S TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS p Regular Session Shakopee, MN October 8 , 1992 Chairperson William Mars Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of September 3 , 1992 , Meeting Minutes 4 . Recognition by Board of Adjustments and Appeals of Interested Citizens. 5 . 7 : 30 P.M. PUBLIC HEARING: To consider two 3 ' variances from the side and rear yard setbacks at 211 S. Fillmore Street. Applicant: Stephen L. Strehlow Action: Resolution No. 645 6 . 7 : 40 P.M. PUBLIC HEARING: To consider a variance from the requirement that a conditional use permit must be used within one year of approval . Applicant: Raymond Ames Action: Resolution No. 646 7 . 7 : 50 P.M. PUBLIC HEARING: To consider a 10 ' variance from the required 30 ' front yard setback at 1229 W. 11th Ave. , in order to enlarge an attached garage. Applicant: Mark and Sandra Breeggemann Action: Resolution No. 647 8 . Other Business a. b. c. 9 . Adjourn Lindberg S . Ekola 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 Terrie or Aggie 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. TC�G AMZAK CABLE, MIDWEST, INC. (612)445-6151 137 -First Ave. E. • Shakopee,MN 55379 SEP 2 9 September 28 , 1992 !Cr' vi= Si-HAKO�E L. Mr. Barry Stock Shakopee City Hall 129 E. First Avenue Shakopee , MN 55379 Dear Mr. Stock: Over the next several months , Amzak Cable will be introducing several new customer service enhancements to our cable service in Shakopee. The first enhancement our customers will notice is the new statement format and payment center address which will begin with this month' s billing. We expect this new billing process will enable us to handle customer payments faster and more accurately than ever before. The second enhancement our customers will see will take effect on November 2 , 1992 when Amzak will begin to use our new customer service phone center to handle billing, repair, sales and general information requests . Our service center will be staffed by additional customer service representatives to handle our customer calls even more efficiently. Our new computer system will also speed the processing of customer requests and give them up to the minute information regarding account information, billing status and other customer service concerns . Finally, in the months to come we will be enhancing our Pay Per View services which will not only offer greater selection in exciting movies, sports and special events, but will also feature an automatic ordering system designed so that our customers may order the feature of their choice 24 hours a day at times convenient to them. Amzak Cable will continue to provide our customers with a quality product backed by great customer service . We will also always strive to provide our customers with services they most often request such as our most recent channel addition, Midwest Sports Channel . However to continue to provide ongoing customer service improvements , new and different channel offerings, as well as to offset the increases we continue to see in our overall operating costs, a rate increase will be necessary. Effective November 1 , 1992 , the rate we charge for basic cable service will be increased by $1 . 50 per month per subscriber (plus applicable taxes ) . The rate change will be seen on the cable bill that our customers receive at the end of October, however, notice of this increase will be included with the billing sent out at the end of September. Please feel free to give me a call if you should have any questions regarding the above . Regards , / 7,4142pr merstrom General Manager 1.0 ❑ v <C CA3e'O r W > 0 >+7•0 E ' 6. 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PHILOSOPHY WITH RESPECT TO METROPOLITAN GOVERNMENTAL AGENCIES Many challenges AMM cities face in the 1990s are beyond the financial and staff resources of a single city. Therefore, it is recognized by the AMM that when such questions arise, it is in the organization's interest that all concerned units of government cooperate and work together in reaching solutions. There are a few issues which because of their complexity or cost encompass the concerns of the entire metropolitan area. The region may need to deal with these issues through a metropolitan governance system. The AMM strongly believes that this system must act in cooperation with local governing bodies. The theme of this effort is that the metropolitan agencies and local government officials are partners , with each respecting the roles of the other when addressing metropolitan wide problems and issues. IV-A PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES The diversity and political differences in our metropolitan area results in the need for a regional service delivery system to provide certain services or portions of services to most effectively and efficiently address the needs of the residents. There is also a need for planning on a metropolitan basis which must be done in cooperation with local government. THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES AFFIRMS IT SUPPORT FOR THE CONCEPT OF A METROPOLITAN GOVERNANCE SYSTEM WHEN APPROPRIATE. THE PRIMARY AND PREDOMINATE PURPOSES OF THE METROPOLITAN GOVERNANCE SYSTEM SHOULD BE TO FACILITATE THE COORDINATED PLANNING AND DEVELOPMENT OF THE METROPOLITAN AREA; TO PROVIDE REGION-WIDE SERVICES, WITHOUT DUPLICATING THOSE PROVIDED BY LOCAL GOVERNMENT, THAT ARE BEYOND THE CAPABILITIES OF LOCAL GOVERNMENTAL UNITS TO CARRY OUT INDIVIDUALLY OR JOINTLY; TO PROVIDE REGION-WIDE PLANNING AS NECESSARY AND WITH THE COOPERATION OF AFFECTED LOCAL GOVERNMENT UNITS AND TO FULFILL OTHER SPECIFIC RESPONSIBILITIES AS DELEGATED BY THE STATE AND FEDERAL GOVERNMENTS. IV-B CRITERIA FOR EXTENSION OF METROPOLITAN ORGANIZATION POWERS Any efforts by Metropolitan Agencies to expand their powers or authority must be carefully considered and limited in focus with in-depth review by all those impacted by the proposed changes. THE LEGISLATURE, WHEN GRANTING THE METROPOLITAN AGENCIES ADDITIONAL AUTHORITY, SHOULD CAREFULLY STATE THE SPECIFIC AUTHORITY BEING GRANTED. ANY EXPANSION OR EXTENSION OF AUTHORITY SHOULD BE CONSIDERED -36- ONLY WHEN AT LEAST ONE OF THE FOLLOWING CONDITIONS EXIST: -THE SERVICE, FUNCTION, OR ACTIVITY HAS BEEN SHOWN TO BE NEEDED AND IT CAN BE DEMONSTRATED THAT IT CANNOT OR IS NOT BEING EFFECTIVELY OR EFFICIENTLY PROVIDED THROUGH EXISTING GENERAL PURPOSE UNITS OF GOVERNMENT; -INTERVENTION ON A REGIONAL BASIS IS NEEDED FOR PROTECTION OF THE REGION'S INVESTMENT IN AN EXISTING METROPOLITAN SYSTEM. IV-C STRUCTURES, PLANNING, IMPLEMENTATION AND FUNDING OF METROPOLITAN SERVICES AND PROGRAMS. The Metropolitan Council was created by the Legislature in 1967 to coordinate "the planning and development" of the Metropolitan Area . The Council was mostly advisory , but was given responsibility for regional policy development and coordination in ' the areas of wastewater treatment and disposal , land transportation and airports . The Council was given limited approval authority for development proposals which were of metropolitan (regional) significance. The Council was not given direct operational authority and instead the Legislature created two new Metropolitan Commissions (MWCC and MTC) and restructured the MAC to operate and provide regional services. The Metropolitan Council ' s responsibility has expanded subsequently to include regional parks and open space, solid waste, approval authority for controlled access highways and for certain elements (airports, transportation, parks and open space, and sewers) of local comprehensive plans. C-1 POLICY PLANNING - POLICY IMPLEMENTATION The historic legislative intent concerning separation of responsibility for metropolitan policy planning and policy implementation should be continued. THE METROPOLITAN COUNCIL MUST BE A PLANNING AND COORDINATING BODY. REGIONAL POLICY AND PROGRAMS SHOULD BE IMPLEMENTED AND/OR OPERATED BY EXISTING METROPOLITAN OPERATING AGENCIES AND/OR GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT WHEN PRACTICAL. NEW METROPOLITAN OPERATING AGENCIES OR COMMISSIONS SHOULD ONLY BE CREATED WHEN THE SERVICE OR FUNCTION TO BE PROVIDED HAS BEEN SHOWN TO BE NEEDED AND IT CAN BE DEMONSTRATED THAT IT COULD BE MORE EFFECTIVELY PROVIDED THROUGH A NEW STRUCTURE RATHER THAN THE EXISTING STRUCTURES. C-2 FUNDING FOR REGIONALLY PROVIDED SERVICES The Metropolitan Council and the Metropolitan Agencies funding has changed over time and is a mixture of property taxes, user fees and federal and state revenues. Occasionally there has been some -37- discussion to replace these multiple sources with a single new revenue source. THE AMM BELIEVES IT IS APPROPRIATE TO CONTINUE TO FUND THE REGIONAL AGENCIES AND ACTIVITIES BY THE EXISTING COMBINATION OF USER FEES , PROPERTY TAXES , STATE AND FEDERAL GRANTS . THE AMM BELIEVES THIS METHOD PROVIDES BETTER OVERSIGHT OF EXPENDITURES BY THE `PAYERS' AND THEREFORE OPPOSES THE IMPOSITION OF A SINGLE NEW REVENUE SOURCE TO REPLACE THE PRESENT FUNDING SOURCES. C-3 REGIONAL TAX RATES AND USER FEES The Legislature controls the tax levies of the Metropolitan Council and the other Metropolitan Agencies . We believe it should continue to do so. User fees are generally controlled by the Metropolitan Agency collecting the fees (MWCC, MTC and MAC) . The setting of user fees and the process for setting fees has generally not been considered a problem by local officials except for isolated cases. The AMM believes that: USER FEES FOR REGIONAL SERVICES SHOULD NOT BE DICTATED BY THE LEGISLATURE BUT SHOULD BE DETERMINED BY THE OPERATING AGENCY PROVIDING THE SERVICE. ALL FEES SHOULD BE REVIEWED BY THE METROPOLITAN COUNCIL ON A PERIODIC BASIS TO ENSURE THAT SUCH FEES ARE CONSISTENT WITH REGIONAL, SYSTEM PLANS AND GOALS. AN OPEN VISIBLE PROCESS/PROCEDURE SHOULD BE EMPLOYED FOR USER FEE CHANGES UNDER GUIDANCE OF THE METROPOLITAN COUNCIL WHEN CHANGES ARE NECESSARY AND IN CLOSE COOPERATION WITH THOSE IMPACTED BY THE FEE CHANGES. IV-D COMPREHENSIVE PLANNING - LOCAL AND REGIONAL INTERACTION Planning is an ongoing process, and several precepts should be kept in mind by Local Units of Government, Metropolitan Agencies and the State as this metropolitan planning process continues. METROPOLITAN SYSTEM PLANS MUST CONTINUE TO BE SUFFICIENTLY SPECIFIC IN TERMS OF LOCATIONS, CAPACITIES, AND TIMING TO ALLOW FOR CONSIDERATION IN LOCAL COMPREHENSIVE PLANNING. THE REGIONAL INVESTMENT IN METROPOLITAN PHYSICAL SERVICE SYSTEMS (TRANSPORTATION, WASTEWATER TREATMENT, AIRPORTS, AND PARK AND OPEN SPACE) SHOULD CONTINUE TO BE PROTECTED BY PREVENTING ADVERSE IMPACT ON THESE SYSTEMS DUE TO LACK OF INTEGRATION AND COORDINATION BETWEEN REGIONAL AND LOCAL PLANNING. LOCAL OFFICIALS MUST HAVE EFFECTIVE INPUT INTO THE REGIONAL PLANNING PROCESS ON AN ONGOING BASIS. DESIGNATION OF OTHER REGIONAL PLANS AS METROPOLITAN SYSTEMS PLANS SHOULD NOT BE MADE UNLESS THERE IS A COMPELLING METROPOLITAN AREA -38- WIDE PROBLEM OR CONCERN THAT CAN BEST BE ADDRESSED THROUGH A REGIONAL SYSTEM DESIGNATION. IV-E COMBINED SEWERS - SEPARATION The three communities of Minneapolis, St. Paul and South St. Paul still have some combined waste water and storm water sewers which create overflows of untreated waste water in the Mississippi River during heavy rains and storm water runoff periods. These cities have over many years been progressing with sewer separation projects paid for primarily through local tax levies. The Federal and State governments are pressing the issue of meeting certain water quality standards in the Mississippi River which apparently cannot be done until separation is complete . The state has provided additional funding since the 1985 Legislative session to help pay for the speed up . For the first five years of the program Federal funds were also available to assist in the program. Since 1990, however, there have been no Federal funds. IT HAS BEEN AMM POLICY THAT IF THE STATE GOVERNMENT CONTINUES TO PURSUE THE ACCELERATED COMBINED SEWER SEPARATION PROGRAM IN THE THREE CITIES, THAT IT ALSO CONTINUE TO PROVIDE FUNDING TO ENSURE THAT NEITHER LOCAL PROPERTY TAXES NOR METROPOLITAN SANITARY SEWER COSTS ARE INCREASED DUE TO THE ACCELERATED BUILD EFFORT. THE PROGRAM TO DATE HAS PROCEEDED ACCORDING TO THAT POLICY. AS THE CSO ISSUE HAS SIGNIFICANT IMPLICATIONS, BOTH FOR STATE FINANCES AND FOR DEVELOPMENT IN THE METROPOLITAN AREA, THE AMM REQUESTS THAT ITS BOARD OF DIRECTORS HAVE THE OPPORTUNITY TO REVIEW AND COMMENT ON ANY SIGNIFICANT CHANGE IN THE FINANCING OR IMPLEMENTATION PLANS FOR THE SEPARATION PROJECT. SINCE PART OF THE REASON FOR THE ACCELERATED PROGRAM IS TO MEET FEDERAL STANDARDS , AMM SUPPORTS THE CONSIDERATION OF THE ESTABLISHMENT OF A CSO FUNDING PROGRAM AND THE ADDRESSING OF THE MOST EFFICIENT MANNER AND REGULATORY FRAMEWORK WHEN THE CONGRESS CONSIDERS THE REAUTHORIZATION OF THE FEDERAL CLEAN WATER ACT. IV-F METROPOLITAN COUNCIL BUDGET/WORK PROGRAM PROCESS The Metropolitan Council has an annual budget over 15 million dollars and its programs impact the two million plus people living in the metropolitan area . The budget document should convey sufficient information so that the residents can determine what `product' is being produced and how much the `product' costs and the benefits. The budget process should commence early enough in the annual adoption cycle so that the residents can provide meaningful input as to goals and priorities. F-1 BUDGET DETAIL AND SPECIFICITY -39- The annual budget and work program document has been improved in recent years and contains more detail and specificity which enables public interest groups to make more reasoned recommendations but further improvements can be made. MANDATED OR NON-DISCRETIONARY PROJECTS, PROGRAMS AND ACTIVITIES SHOULD BE IDENTIFIED. PROJECTS, PROGRAMS AND ACTIVITIES WHICH MAY BE DISCRETIONARY BUT ARE TOTALLY OR MOSTLY FUNDED BY A FEDERAL OR STATE GRANT SHOULD ALSO BE IDENTIFIED. INFORMATIONURES AND HOULD CONTINUE TO BE PROVIDED AS TO PREVIOUS YEARS, PROGRESS FOR ON-GOING PROGRAMS, PROJECTS AND ACTIVITIES. F-2 RELIANCE ON PROPERTY TAXES There is a trend of increased reliance on the property tax to support Council activities. Federal grants formerly funded about two/thirds of the Council Budget and the local property tax about one/third. The federal portion has now shrunk to about 20 percent and the property tax has increased to over 60 percent. THE COUNCIL SHOULD MAKE A THOROUGH EXAMINATION OF THE PROGRAMS FORMERLY FUNDED BY FEDERAL GRANTS OR NON-LOCAL FUNDS TO DETERMINE IF THEY ARE STILL NECESSARY AND WORTHWHILE WHEN ONLY LOCAL DOLLARS ARE INVOLVED. ADDITIONALLY THE COUNCIL SHOULD SEEK TO DIVEST ITSELF OF SERVICES THAT IT PERFORMS FOR THIS AREA, IF SUCH SERVICES ARE PERFORMED BY STATE AGENCIES FOR THE BALANCE OF THE STATE, OR SEEK STATE FUNDING FOR THOSE SERVICES. SOME AREAS WHICH NEED TO BE EXAMINED INCLUDE SOLID WASTE , HEALTH CARE, HUMAN SERVICES PLANNING, ETC. F-3 PROGRAM EVALUATION The Council usually levies the maximum or close to the maximum tax levy allowed. It is difficult for `outsiders' to determine if internal evaluation is being performed to ascertain the effectiveness or necessity of council programs or if they are being continued because 'they have always been done. ' THE AMM BELIEVES THAT EVERY MAJOR COUNCIL PROGRAM/PRIORITY SHOULD MEET FOUR TESTS: -THE ISSUE OR PROBLEM BEING ADDRESSED IS IMPORTANT TO THE WELL BEING OF THE REGION. -COUNCIL INTERVENTION OR ACTIVITY WILL PRODUCE A POSITIVE RESULT. -COUNCIL EFFORT OR ACTIVITY DOES NOT DUPLICATE OR SERVE AS A SUBSTITUTE FOR A STATE LEVEL PROGRAM OR EFFORT OR WHAT SHOULD BE A STATE LEVEL ACTIVITY. -COUNCIL IS MOST APPROPRIATE AGENCY TO INTERVENE OR PERFORM ACTIVITY. • IV-G METROPOLITAN PARK AND OPEN SPACE FUNDING -40- The Legislature established the Metropolitan Parks and Open Space System in 1974 and provided state/regional fiscal support for the acquisition and development of the Parks System and provided a payment in lieu of taxes to local units of government on a decreasing basis for land removed from the tax rolls. Since the establishment of the system, the State and the Metropolitan area have failed to establish a permanent partnership relative to the status of the Regional Park System both within the region and state. Failure to clearly define the role of regional parks has led to long term instability relative to the acquisition and development of regional parks and created significant funding concerns for implementing agencies as they relate to the operation and maintenance of those regional facilities. G-1 OPERATION AND MAINTENANCE FUNDING Regional parks within the Metropolitan area provide the same basic function as state parks provide in Greater Minnesota. The State has consistently refused to acknowledge this situation and has never provided an adequate amount of funding for the operation and maintenance of regional parks while covering 100 percent of the cost of state parks in Greater Minnesota. AMM RECOMMENDS THAT THE STATE OF MINNESOTA RECOGNIZE THE ROLE OF REGIONAL PARKS WITHIN THE METROPOLITAN AREA AND PROVIDE APPROPRIATE FUNDING TO IMPLEMENTING AGENCIES TO ASSIST THEM IN THE OPERATION AND MAINTENANCE OF THE REGIONAL PARKS AND OPEN SPACE SYSTEM. THE STATE OF MINNESOTA SHOULD PROVIDE 40 percent OF THE FUNDING TO OPERATE AND MAINTAIN THESE FACILITIES. G-2 REGIONAL BONDING FOR REGIONAL PARKS The Legislature for the past several years has provided less than 25 percent of the funding requested for acquisition and development by the Metropolitan Council and the MPOSC on an annual basis. To allow for the orderly and planned development schedule for the regional parks and open space system, the Metropolitan Council is considering to use previously granted authority and issue regional bonds to make up part of the shortage. THE AMM BELIEVES THIS ACTION CREATES A DANGEROUS PRECEDENT AND COULD TAKE THE `STATE OFF THE HOOK' IN FUTURE APPROPRIATION CYCLES. THE AMM BELIEVES THAT THE REGIONAL PARKS ARE ESSENTIALLY A SUBSTITUTE FOR STATE PARKS IN THE METRO AREA AND SHOULD BE FUNDED ACCORDINGLY. IN ESSENCE, METRO AREA TAXPAYERS WILL BE PAYING TWICE AND THIS IS NOT EQUITABLE. THE AMM URGES THE METROPOLITAN COUNCIL TO REDOUBLE ITS EFFORTS TO OBTAIN AN EQUITABLE SHARE OF STATE FUNDING TO SUPPORT THE REGIONAL PARKS AND OPEN SPACE SYSTEMS. -41- IV-H WATER RESOURCE MANAGEMENT The AMM recognizes that water is a critical resource for this metropolitan area and it is necessary to plan and manage this resource to assure adequate supply, safeguard the public health, provide recreational opportunities and enhance economic opportunities. Many levels of government have a vested interest in protecting and managing water resources in an environmentally and economically sound manner. Since many levels of government are involved in water management, it is in the public interest to clearly delineate each level ' s responsibility to prevent duplication, overlap, and conflicting requirements . This delineation is particularly important to cities since they are the level that ultimately has the most "hands on" responsibility. The aspects of water resources which have received the most attention in recent years are surface water runoff, groundwater quality, water supply and water recharge areas (wetlands) . There is an interrelationship among all of these systems and there is need for coordination in managing them effectively . The AMM believes that local units of government should retain the basic responsibility for water resources management because they are the level closest to the problems. However, local units need the financial resources, tools and technical expertise to implement this responsibility and may need to look to the state and metro for financial support and technical assistance. H-1 WATER SUPPLY Some measures of water conservation need to be considered for both the short and long term. The AMM acknowledges that extended periods of drought could alter the quality and quantity of this necessary element of life. The AMM believes that most local units of government do a good job of dealing with surface and groundwater management issues and as such should retain the basic responsibility for water supply management. They could do even a better job if they had a better data base. The AMM believes that the Metropolitan Council has a legitimate interest in assuring a good supply of clean potable water for the metropolitan area and recommends that it develop a regional water supply plan to provide a framework for local water supply planning. THE AMM SUPPORTS THE DEVELOPMENT OF A REGIONAL WATER SUPPLY PLAN AND DATA BASE BY THE METROPOLITAN COUNCIL. THE REGIONAL PLAN AND DATA BASE COULD BE USED AS A GUIDE AND RESOURCE BY CITIES. CITIES SHOULD PREPARE A WATER SUPPLY PLAN AS AN ELEMENT OF A CITY'S COMPREHENSIVE PLAN. A LOCAL WATER SUPPLY PLAN SHOULD CONTAIN THE FOLLOWING ELEMENTS: 1. DESCRIPTION OF EXISTING/NEW SYSTEMS; 2. OBJECTIVES,WATER SUPPLY ANDD6.STANDARDS; AND PROBLEMS AND POSSIBLE SOLUTIO EMERGENCY -42- THE PLANS WOULD BE COMPLETED TWO YEARS AFTER COMPLETION OF THE COUNCIL'S COMPREHENSIVE REGIONAL PLAN AND LOCAL PLAN CONTENT GUIDELINES. THE AMM BELIEVES FUNDING FOR THE METROPOLITAN COUNCIL'S REGIONAL PLAN COULD COME FROM THE COUNCIL'S INTERNAL OPERATING FUNDS OR THROUGH A DIRECT APPROPRIATION FROM A STATE SOURCE. THE AMM BELIEVES THAT STATE AGENCIES SHOULD BE SENSITIVE TO LOCAL AND REGIONAL WATER SUPPLY PLANS WHEN DEVELOPING REGULATIONS THAT WOULD DIRECTLY OR INDIRECTLY AFFECT WATER SUPPLY FOR THE METROPOLITAN AREA. REGULATIONS SHOULD NOT ADD TO LOCAL COSTS AND WHENEVER POSSIBLE SHOULD REDUCE AND/OR MINIMIZE TIME CONSUMING DELAYS AND ' DUPLICATIVE REVIEWS. A STUDY OF A POTENTIAL SUDDEN RELEASE OF - NOXIOUS MATERIALS INTO THE MISSISSIPPI RIVER THAT COULD NEGATIVELY IMPACT THE WATER SUPPLY OF THOSE CITIES WHO DEPEND ON THE MISSISSIPPI FOR WATER SUPPLY SHOULD BE CONDUCTED BY THE MOST APPROPRIATE STATE OR METROPOLITAN AGENCY. H-2 SURFACE AND GROUNDWATER WATER MANAGEMENT The AMM supports as a given that no one has the right to pollute either ground or surface water resources and in order to safeguard the public health and environment, it is necessary to preserve our water resources as critical state resources . Most Water Management organizations (WMO) and local units of government have done a good job of dealing with surface and groundwater management issues and have the authority and ability to continue to do so in a cost effective manner . These existing mechanisms should continue to be used to the greatest extent possible to address surface and groundwater management problems; instead of creating a new system or a new organization, but they need the financial resources and tools to meet this responsibility. The AMM supports the overall thrust of current law pertaining to surface and groundwater management issues and does not believe that major changes to existing law are necessary for the metropolitan area. WHILE MAJOR CHANGE IN STATE STATUTE IS NOT NEEDED, THERE ARE SOME CONCERNS WHICH SHOULD BE ADDRESSED: -THE METROPOLITAN COUNCIL SHOULD COMPLETE ITS RESPONSIBILITIES AS DEFINED IN MS 473 . 157 SO THAT WMO'S AND CITIES CAN FULFILL THEIR SURFACE WATER MANAGEMENT RESPONSIBILITIES. -THE BOARD OF WATER AND SOIL RESOURCES (BWSR) SHOULD BE EXPANDED TO INCLUDE SOME METROPOLITAN AREA CITY OFFICIALS. -43- -WMO'S AND CITIES SHOULD COMPLETE THEIR RESPONSIBILITIES FOR SURFACESASWAPOSSIBLE MANAGEMENT THEG A WATFINED IN ER QUALITYS 103 ISSUES B. 225-235 PLAGUING AS SOON AS FO THE MINNESOTA, MISSISSIPPI AND ST. CROIX RIVERS. -LOCAL UNITS OF GOVERNMENT IN OUTSTATE MINNESOTA SHOULD COMPLY WITH THE SAME STANDARDS AND REQUIREMENTS FOR SURFACE WATER MANAGEMENT AS THOSE IMPOSED ON LOCAL UNITS WITHIN THE METROPOLITAN AREA. IF ANY LEGISLATION IS CONSIDERED FOR WATER MANAGEMENT IT SHOULD BE BASED ON THE FOLLOWING PRINCIPLES: -THE LEGISLATURE SHOULD PROVIDE FUNDS IF IT MANDATES ANY ADDITIONAL WATER MANAGEMENT PLANNING OR IMPLEMENTING ACTIVITIES BY LOCAL UNITS OF GOVERNMENT. THE CSO PROGRAM SHOULD BE VIEWED AS THE PRECEDENT FOR THE STATE HAVING A FINANCIAL INTEREST IN PROVIDING FUNDS FOR CAPITAL PROJECTS RELATED TO STORM WATER RUNOFF. -LOCAL UNITS OF GOVERNMENT SHOULD RETAIN THE BASIC RESPONSIBILITY FOR SURFACE AND GROUNDWATER MANAGEMENT AS THEY ARE THE LEVEL CLOSEST TO THE PROBLEM. -BWSR SHOULD REMAIN THE APPROVAL AGENCY FOR SURFACE WATER MANAGEMENT PLANS. H-3 WETLANDS CONSERVATION Passage of the 1991 Wetlands Conservation Act was a step forward in sound environmental land management and natural resources protection. However, experience gained by administrations of the interim program and in the rule drafting process, indicates a need for additional legislative action. THE AMM SUPPORTS THE FOLLOWING LEGISLATIVE INITIATIVES: - REMOVAL OF THE $75 LIMITATION ON REPLACEMENT PLAN REVIEWS. SINCE ALL PROPOSALS TO ALTER, DRAIN, OR FILL A WETLAND INVOLVE A SUBSTANTIAL EXPENDITURE OF LOCAL STAFF TIME, INCLUDING BUT NOT LIMITED TO PROFESSIONAL ENGINEERS OR HYDROLOGISTS, AND LIMITATION ON COST RECOVERY LESS THAN ACTUAL EXPENSES MEANS THAT THE GENERAL TAXPAYER IS SUBSIDIZING THE PROPONENT OF AN ACTIVITY WHICH BY DEFINITION IS POTENTIALLY ADVERSE TO THE ENVIRONMENT. - CLARIFICATION THAT THE TECHNICAL REVIEW PANEL CONTEMPLATED UNDER THE LAW IS ADVISORY TO THE LOCAL GOVERNMENT UNIT ADMINISTERING THE ACT AND NOT THE SOLE DETERMINANT OF QUESTIONS REGARDING TYPING, DELINEATION, PUBLIC VALUES, AND THE ADEQUACY OF REPLACEMENT PLANS. -44- - FURTHER AMENDMENTS STREAMLINING THE GOVERNMENTAL OVERSIGHT PROCESS SO LANDOWNERS CAN CLEARLY UNDERSTAND WHICH GOVERNMENTAL UNIT NEEDS TO REVIEW A PROPOSAL, AND REFINEMENTS TO THE SYSTEM TO ENSURE EXPEDITED REVIEWS OF PROPOSALS CONSISTENT WITH THE ENVIRONMENTAL GOALS OF THE PROGRAM. - A PROVISION FOR STATE DEFENSE AND INDEMNIFICATION OF LOCAL GOVERNMENTS ADMINISTERING STATE LAWS FOR ANY "TAKING" CLAIMS WHICH PROPERTY OWNERS MIGHT ALLEGE. H-4 REGIONAL WASTEWATER (SEWER) TREATMENT SYSTEM A bill was introduced in the 1992 session which would have changed the methodology for allocating the costs of the metropolitan wastewater collection and treatment system. The alleged intent of the bill was to slowdown and reverse the decay and blight which has and is occurring in some of the older, developed parts of this metropolitan area. The AMM is concerned with the problem but does not believe that changing the way the metropolitan sewer system is financed has any relevance with respect to the problems identified and opposed the before mentioned bill . The bill as eventually passed mandated a study of the treatment systems costs and how the cost would have been allocated if the bill had passed. The study is being paid for by the MWCC out of user charges. The AMM was part of a major study effort in 1985, that resulted in the uniform cost system that is currently in place for the metropolitan sewer system. THE METROPOLITAN WASTEWATER COLLECTION AND TREATMENT SYSTEM HAS BEEN A MAJOR COMPONENT OF AN INTERGRATED LOCAL-REGIONAL SYSTEM WHICH HAS HELPED IMPROVE THE QUALITY OF THE WATER IN MANY OF THE MAJOR WATER RESOURCES OF THIS AREA SUCH AS LAKE MINNETONKA, THE MINNESOTA, MISSISSIPPI AND ST. CROIX RIVERS, WHITE BEAR LAKE, ETC. IT IS IMPORTANT THAT CHANGE NOT BE MADE TO THIS REGIONAL SYSTEM THAT COULD LEAD TO ITS BREAKUP OR TO A DIMISHMENT OF ITS EFFECTIVENESS. SINCE ALL `USERS' BENEFIT EQUALLY THROUGHOUT THE SYSTEM THE REGIONAL RATES SHOULD BE UNIFORM THROUGHOUT THE SYSTEM AND A SUB-REGIONAL SYSTEM OF ALLOCATING THE REGIONAL SYSTEM COSTS SHOULD NOT BE REINSTITUTED. H-5 WATER TESTING CONNECTION FEE The States' Safe Drinking Water Act contains a per hook up fee of $5 . 21 passed in Laws of Minnesota 1992 , Chapter 513 , Article 6, Section 2 which is to be used to pay for water supply testing as mandated by Federal Law. This per user fee creates an inequitable and unfair service fee compared to testing cost for large communities with only a few supply points that need testing. In addition, there are many non-community and private water supply users such as trailor courts being tested which are not paying the connection fee imposed by the Department of Health . This fee -45- should be re-examined by the legislature and the law changed so that each community and user pays only its fair share. This may necessitate the state to provide some financial assistance to smaller communities with multiple supply sources. THE AMM REQUESTS THE LEGISLATURE TO CHANGE THE WATER SUPPLY TESTING CONNECTION FEE TO BE FAIR AND EQUITABLE AND TO REFLECT THE ACTUAL COST OF SUPPLY TESTING WITHIN THE COMMUNITY. ALSO, NON COMMUNITY AND PRIVATE SYSTEMS SHOULD PAY ALL OR PART OF THEIR TESTING COST. IV-I WASTE STREAM MANAGEMENT The problem of managing the waste stream (for all types of waste) is and will continue to be one of the major social environmental problems during this decade. We are rapidly running out of space (capacity for land disposal ) in the metropolitan area and there are no general disposal facilities in this state for Hazardous Waste. We are also learning that for many materials incineration may not be a good environmental alternative to landfill disposal. The existing waste management system centralizes responsibility at the state level for hazardous waste but requires the cooperation and support of all levels of government and the private sector. The solid waste system for the metropolitan area is essentially a three-tiered system: cities control and regulate collection; counties are responsible for `siting' new landfills, developing abatement plans, developing processing facilities and regulating existing landfills; and the Metropolitan Council provides grants and has regional planning and coordinating responsibilities. The systems were intended to foster and encourage abatement, recycling and resource recovery for as much of the waste stream as possible and then to assure environmentally sound disposal for the remaining waste. In spite of a great deal of cooperation and coordination among and between the various levels and units of government and the private sector, some major problems appear on the horizon. Much has been accomplished during the past decade in improving the waste stream management system. Much remains to be done and any future legislation should take into account the following precepts. I-1 INTEGRATED WASTE STREAM PLANNING The disposal of solid waste is a multifaceted problem which will require the cooperation and participation of all levels of government and the private sector to effectively develop a solid waste system which is cost effective and environmentally sound. To achieve such a system, all elements of the waste management -46- hierarchy (reduction, reuse, recycling, composting, incineration, landfilling) must be utilized . In the area of packaging, the system should make the distinction between transport packaging, primary or necessary packaging and secondary or excess packaging. Further, it must be realized that an effective "system" begins before materials become "waste" and, as such, a comprehensive view of the entire life cycle of products is needed in order to succeed. -THE AMM ENDORSES THE CONCEPT THAT THE "GENERATORS" OF WASTE MUST BEAR THE RESPONSIBILITY FOR FUNDING ITS DISPOSAL. "GENERATOR" INCLUDES THE MANUFACTURERS OF PRODUCTS WHICH BECOME WASTE, THE SELLERS OF PRODUCTS WHICH BECOME WASTE AND THE CONSUMER OF PRODUCTS WHICH BECOME WASTE. -THE AMM ENDORSES THE CONCEPT THAT SINCE GOVERNMENT IS RESPONSIBLE FOR SOLID WASTE DISPOSAL, IT HAS A LEGITIMATE INTEREST IN BEING INVOLVED IN OVERALL WASTE STREAM MANAGEMENT. THIS MEANS THAT GOVERNMENT'S INTEREST BEGINS BEFORE MATERIALS BECOME "WASTE. " -THE AMM ENDORSES A WASTE MANAGEMENT HIERARCHY WHICH INCLUDES REDUCTION, REUSE, RECYCLING, COMPOSTING, INCINERATION AND LANDFILLING. FURTHER, A COMPREHENSIVE SYSTEM MUST INCLUDE A MIXTURE OF ALL THESE ELEMENTS AND SHOULD NOT RELY SOLELY ON ANY ONE ELEMENT. -THE AMM ENCOURAGES MORE ATTENTION BE GIVEN TO THE ALTERNATIVES OF REDUCTION, REUSE AND RECYCLING BY ALL LEVELS OF GOVERNMENT. +THE STATE SHOULD FUND THE DEVELOPMENT AND IMPLEMENTATION OF AN EDUCATION PROGRAM, WHICH ACTIVELY ENCOURAGES CITIZENS TO RECYCLE, COMPOST, REUSE AND REDUCE WASTE GENERATION. +LEGISLATION SHOULD BE INITIATED TO REQUIRE PACKAGING TO MEET RECYCLED CONTENT STANDARDS AND/OR RECYLABILITY, DEFINED AS RECOVERY RATES, STANDARDS. +ESTABLISH STATE REGULATIONS WHICH ENCOURAGES BEVERAGE AND FOOD RETAILERS TO HAVE A DEPOSIT AND RETURN PROCESS IN PLACE FOR REUSABLE AND RETURNABLE CONTAINERS. +LEGISLATION SHOULD BE INITIATED TO REGULATE THE SALE, DISTRIBUTION, AND DISPOSAL OF NON-RECYCLABLE, NON-RETURNABLE, AND NON DEGRADABLE PACKAGING MATERIALS. FEES OR DEPOSITS ON THESE ITEMS SHOULD BE CONSIDERED. THE CONCEPT OF ABSOLUTE RETURNABILITY TO THE POINT OF SALE SHOULD BE INVESTIGATED AND IMPLEMENTED. -THE AMM OPPOSES ANY LEGISLATION WHICH WOULD LIMIT LOCAL INITIATIVES IN WASTE STREAM MANAGEMENT UNLESS AN OVERALL STATE OR METROPOLITAN WIDE SYSTEM IS ESTABLISHED WHICH ACCOMPLISHES THE SAME GOAL OR OBJECTIVE. -47- -THE AMM SUPPORTS COMPOSTING AS A TECHNIQUE FOR REUSE OF YARDWASTES AND OTHER APPROPRIATE COMPONENTS OF THE SOLID WASTE STREAM. GIVEN THE PROHIBITION ON LANDFILLING YARDWASTE, RESIDENTS AND REFUSE HAULERS NEED TO BE IMMEDIATELY PROVIDED WITH CONVENIENT LOCATIONS TO DEPOSIT BRUSH AND OTHER YARDWASTES FOR PROCESSING, COUNTIES WITH ASSISTANCE FROM THE STATE OR METROPOLITAN COUNCIL SHOULD BE RESPONSIBLE FOR LOCATING AND OPERATING COMPOSTING FACILITIES AND MUST NOT DELEGATE THIS RESPONSIBILITY TO CITIES WHICH DO NOT WISH TO OPERATE SUCH FACILITIES. MINOR CHANGES MAY BE NEEDED IN THE EXISTING OVERIDE PROCESS TO ENABLE COUNTIES TO SITE THESE TYPES OF FACILIITES. I-2 HAZARDOUS AND DANGEROUS WASTE MANAGEMENT The improper disposal of hazardous wastes, through landfilling or incineration, poses a major risk of water and air pollution. Much has been done to monitor the generation and proper disposal of hazardous waste by business and industry, and these efforts should continue. However, the reduction, control and proper disposal of household hazardous wastes is a significant concern which needs to be addressed. (A. ) HOUSEHOLD HAZARDOUS WASTE. THE AMM SUPPORTS A STATE-WIDE PROGRAM TARGETED TO THE REDUCTION AND PROPER MANAGEMENT OF HOUSEHOLD HAZARDOUS WASTES, INCLUDING: -PERMANENT DROP OFF OR DISPOSAL SITES - STRATEGICALLY AND CONVENIENTLY LOCATED THROUGHOUT THE STATE WHERE ALL TYPES OF HOUSEHOLD HAZARDOUS WASTES CAN BE TAKEN FOR PROPER HANDLING, PROCESSING, OR DISPOSAL. -EDUCATIONAL AND POINT-OF-SALE INFORMATION FOR CONSUMERS NOTIFYING THEM OF THE HAZARDOUS NATURE OF CERTAIN PRODUCTS AND THE IMPORTANCE OF PROPER HANDLING. -INVOLVEMENT OF THE GENERATORS (RETAILERS) IN THE MANAGEMENT SYSTEM FOR HOUSEHOLD HAZARDOUS WASTES TO HELP ASSURE PROPER HANDLING AND PROCESSING. -INFORMATION TO CONSUMERS ALERTING THEM TO NON-HAZARDOUS SUBSTITUTES FOR HAZARDOUS HOUSEHOLD PRODUCTS . -ENCOURAGEMENT WHICH COULD INCLUDE INCENTIVES TO MANUFACTURES TO PRODUCE LESS HAZARDOUS PRODUCTS FOR USE IN HOUSEHOLDS. THE TOP PRIORITY OF THE HOUSEHOLD HAZARDOUS WASTE MANAGEMENT SYSTEM IS TO REDUCE THE AMOUNT PRODUCED. (B. ) COMMERCIAL/INDUSTRIAL HAZARDOUS WASTE. THE AMM SUPPORTS CONTINUED EFFORTS AT THE STATE LEVEL TO PROPERLY MANAGE INDUSTRIAL HAZARDOUS WASTES, INCLUDING THE RE-USE, RECOVERY AND RECYCLING OF AS MUCH HAZARDOUS WASTE AS POSSIBLE. THAT WHICH CANNOT BE RE-USED OR REPROCESSED MUST BE DISPOSED OF IN AN ENVIRONMENTALLY SOUND MANNER. MANUFACTURERS SHOULD ALSO BE -48- ENCOURAGED TO REDUCE THE AMOUNT OF HAZARDOUS MATERIALS USED IN THEIR MANUFACTURING PROCESSES. (C. ) DANGEROUS AND OTHER WASTES WHICH POSE AN ENVIRONMENTAL PROBLEM. Re: Scrapping of automobiles, with air conditioning systems, refrigerators, home air conditioners and building insulation containing Ozone-Depleting Compounds. Chlorofluorcarbons (CFC's) and Halons when discharged into the environment deplete the earth's protective ozone layer, allowing increased ultra-violet radiation causing such harms as skin cancer, cataracts, supressions of the immune systems and damage to crops and aquatic life. CFC's in a form commonly known as Freon are widely used in air conditioning and refrigeration systems. Fire extinguishers are the primary source of Halons released into , the earth's atmosphere. CFC's are often a propellent used in the manufacture of foam board insulation. CFC's are a solvent in the manufacture of electronic equipment. The recapturing and recycling of freon from auto air conditioning units could eliminate approximately 20 percent of all CFC' s nationally. AMM STRONGLY SUPPORTS LEGISLATION THAT REQUIRES RESPONSIBLE DISPOSAL OF CFC'S (FREON) AND HALONS. THE AIR CONDITIONING AND REFRIGERATION SERVICE OPERATORS AND THE WASTE MANAGEMENT/DISPOSAL INDUSTRY MUST RECAPTURE AND RECYCLE WASTE PRODUCTS. ELIMINATING CFC'S (FREON) AND HALON FROM THE WASTE STREAM SHOULD BE THE GOAL. I-3 METROPOLITAN/COUNTY RESPONSIBILITIES. As noted previously, the cities have the responsibility for waste collection including implementing and managing most recycling type programs . The other waste stream management responsibilities are basically split between the Metropolitan Council and the Counties. Considerable progress has been made in recent years in certain parts of the waste stream management system particularly those aspects for which cities are responsible. But several significant problems beyond the control of cities are becoming evident including: the inability of the counties to site needed waste facilities (landfills, transfer stations, compost sites, etc. ) , fluctuating and/or lack of markets for some recyclables, uneven funding among counties to run the low tech systems , and the radical variance in disposal costs throughout the metropolitan area . Some of these problems are urgent and significant changes may need to be made in the waste stream management system in the metropolitan area. Some of the current waste stream management concerns are similar to the concerns which precipitated the formation of other regional -49- commissions. WHILE NOT RULING OUT ADDRESSING THESE CONCERNS WITHIN THE EXISTING INSTITUTIONAL FRAMEWORK, SERIOUS CONSIDERATION SHOULD BE GIVEN TO THE FORMATION OF A REGIONAL SOLID WASTE COMMISSION. SUCH COMMISSION SHOULD INCLUDE LOCAL ELECTED OFFICIALS . MORE ANALYSIS AND STUDY IS NEEDED TO DETERMINE THE TOTAL LIST OF FUNCTIONS TO BE ASSIGNED TO SUCH COMMISSION BUT MOST FUNCTIONS NOW PERFORMED BY THE METROPOLITAN COUNCIL AND THE COUNTIES SHOULD BE GIVEN STRONG CONSIDERATION INCLUDING THE FOLLOWING: -OWNERSHIP (INCLUDING THE ASSUMPTION OF DEBT) OF THE CURRENT MAJOR PUBLIC DISPOSAL AND PROCESSING FACILITIES. -RESPONSIBILITY FOR SITING CERTAIN TYPES OF WASTE PROCESSING AND DISPOSAL FACILITIES. -REGULATION OF DISPOSAL CHARGES (TIPPING/FEE) TO PROVIDE MORE FAIRNESS AND EQUITY. -DISTRIBUTION OF FUNDS TO SUPPORT THE LOCAL RECYCLING PROGRAMS. -DISTRIBUTION OF OTHER GRANT FUNDS NOW MANAGED BY THE METROPOLITAN COUNCIL. -MOST OTHER FUNCTIONS PERFORMED BY THE COUNCIL EXCEPT FOR THE PLANNING FUNCTIONS (LONG RANGE POLICY PLANS, ETC. ) . -COORDINATION OF MARKETING EFFORTS FOR RECYCLABLES. I-4 LOCAL SOLID WASTE MANAGEMENT RESPONSIBILITIES Cities have certain responsibilities in helping to manage and implement an effective solid waste management system including recycling programs and the collection systems. The AMM believes that to date cities, utilizing a variety of collection systems, are doing a good job of managing Local Recycling and Waste Collection. THE RESPONSIBILITIES NOW ASSIGNED TO CITIES FOR SOLID WASTE MANAGEMENT SHOULD REMAIN WITH THE CITIES. THE AMM BELIEVES THAT THE SYSTEM OUGHT TO BE FLEXIBLE AND BASED ON PERFORMANCE STANDARDS AND/OR GOALS RATHER THAN MANDATED TECHNIQUES. TO HELP ACHIEVE RECYCLING AND ABATEMENT GOALS, THE AMM WOULD SUPPORT THE CREATION OF A DISPOSAL SYSTEM WHERE INCENTIVES ARE PROVIDED TO RESIDENTS WHO REDUCE THEIR VOLUME OF WASTE THROUGH ABATEMENT, RE-USE AND SOURCE SEPARATION ACTIVITIES. I-5 FUNDING The current funding system for solid waste has a number of drawbacks: It does not encourage maximum utilization of the waste disposal hierarchy; it often gives no incentive to individual residents to participate in recycling; it does not waste;differentiate and e between generators of clean waste and `pro ' has given no assurances that the main sources of funding are -50- related to the entities incurring expenses. -AMM BELIEVES THAT THE FUNDING SYSTEM SHOULD RECOGNIZE THAT ALL METHODS OF DISPOSAL, INCLUDING RECYCLING HAVE A COST. ALSO THE TRUE AND FULL COST OF THE ENTIRE DISPOSAL SYSTEM SHOULD BE RECOGNIZED. -AMM BELIEVES THAT IN GENERAL FUNDING FOR THE SOLID WASTE SYSTEM SHOULD COME FROM THE GENERATORS OF SOLID WASTE. -AMM BELIEVES A FEE SYSTEM AT THE MANUFACTURES AND/OR RETAIL LEVEL SHOULD BE INVESTIGATED AND THE CONCEPT OF RETURNABILITY SHOULD BE INVESTIGATED AND EXPANDED. -IN GENERAL, THE FUNDING SYSTEM SHOULD ENCOURAGE MAXIMUM USE OF THE WASTE HIERARCHY. FOR EXAMPLE IT SHOULD COST MORE TO DISPOSE OF WASTE IN LANDFIT.TS THAN IN RESOURCE RECOVERY FACILITIES. -AMM SUPPORTS THE CONCEPT THAT MATERIALS WHICH CAUSE SPECIAL PROBLEMS IN THE WASTE STREAM SHOULD BEAR THE COSTS (THROUGH THE COST OF PURCHASING THE MATERIALS) ASSOCIATED WITH THESE PROBLEMS. -AMM ENCOURAGES PROVIDING FINANCIAL INCENTIVES SUCH AS VARIABLE AND DIFFERENTIAL FEES TO RESIDENTS WHO PARTICIPATE IN RECYCLING WHILE MAKING IT CLEAR THAT EVEN RECYCLING HAS A COST. -AMM BELIEVES THAT ANY FUNDING SYSTEM MUST GUARANTEE DISTRIBUTION OF THE MONIES TO ALL ENTITIES INVOLVED IN THE SYSTEM AND RECOGNIZE ALL COSTS ASSOCIATED WITH THE SYSTEM. THIS MEANS A SIGNIFICANT PORTION OF THE FUNDS RAISED THROUGH THE SALES TAX SHOULD BE DISTRIBUTED TO CITIES WHICH OPERATE RECYCLING PROGRAMS. THE AMM ALSO BELIEVES THAT THE ENTIRE PROCEEDS OF TAX ON SOLID WASTE SHOULD BE DEDICATED TO SOLID WASTE ACTIVITIES. I-6 ORGANIZED COLLECTION Organized collection serves as a viable and important method for municipalities to achieve solid waste abatement. It is a type of service agreement that allows cities proper regulatory power over their solid waste collection system . It provides municipalities the opportunity to choose the type of solid waste collection that would best serve their residents. ' Just Compensation ' legislation is designed to limit municipalities regulatory power in the area of solid waste collection . In placing severe financial penalties on municipalities that undertake organized collection, 'Just Compensation' legislation infringes on municipalities rights to establish intangible service agreements for municipal services. -THE AMM ENDORSES THE CONCEPT OF ORGANIZED COT.LECTION AS A VIABLE -51- METHOD FOR MUNICIPALITIES TO ASSERT REGULATORY POWER OVER THEIR SOLID WASTE COT.T.ECTION SYSTEMS. -THE AMM BELIEVES THAT ORGANIZED COTJ.FCTION MUST CONTINUE TO BE AVAILATO CITIES AS CHOOSE SOLID WASTE COLLECTIONSYSTEM THATWOULD BEST SERVE THE NEEDSOF THEIR RESIDENTS. PENALTIES TAMS OPPOSES OMUNICIPALITIES ANY WHOON THAT WOULD CHOOSE TO IMPLEMENTEASO COMPENSATIONDWASTE PENAL COLLECTION SYSTEM. I-7 HOST CITIES AND CLEANUP RESPONSIBILITIES While solid waste facilities are components of county and regional solid waste management systems, they must be located in individual cities. Because the number of facilities is limited, the effects of hosting these facilities is not equally shared among cities. Most of these effects are negative - an increased likelihood and incidence of water, soil, air, and noise pollution; 1 and increased likelihood amount of litter and offensive odors; a greater adverse impacts on values of neighboring properties ; a need for increased maintenance on public streets and highways ; and potential threats to public health and welfare in areas immediate to and along access routes to these facilities . Longer-term impacts may affect cities if the organizations responsible for facility operations cease as financially viable entities , Safeguards need to be enacted for host cities for the operations and clean up responsibilities associated with solid waste facilities . The trend within the metropolitan area has been to internalize present and future costs of solid waste management on current generators of solid waste. These costs should include the extra and adverse financial impacts borne by host communities. Cities host these regional facilities because of accidents of geography. Liabilities for these facilities should be shared across the region. -THE AMM SUPPORTS THE CURRENT COMPENSATION LEVEL ALLOWED THROUGH SURCHARGE FEES AS A MINIMUM LEVEL; THIS COMPENSATION SHOULD BE CONTINUED OR INCREASED. THIS FORM OF COMPENSATION SHOULD BE AVAILABLE TO ALL TYPES OF SOLID WASTE FACILITIES. -THE AMM BELIEVES THE HOST COMMUNITIES SHOULD NOT BEAR A FINANCIAL LIABILITY ASSOCIATED WITH SOLID WASTE FACILITIES. COSTS INCURRED FOR MONITORING OPERATIONS AND CORRECTIVE ACTIONS SHOULD BE BORNE BY FACILITY OPERATORS OR, IN THE ABSENCE OF SUCH. REGULATIONS, BE ASSUMED BY THE STATE OF MINNESOTA. LEGISLATION NEEDS TO BE STRENGTHENED SO AS TO EXEMPT CITIES FROM ANY PRESENT AND FUTURE LIABILITY ARISING FROM OPERATIONS OF SOLID WASTE - -52- FACILITIES. LEGISLATION SHOULD FURTHER ESTABLISH THAT PROCEEDS FOR FUTURE REMEDIAL ENVIRONMENTAL ACTIONS BE IN A TRUST FUND. -THE AMM WILL SUPPORT LEGISLATION WHICH CLEARLY ARTICULATES THAT REMEDIAL ENVIRONMENTAL ACTIVITIES ARE THE RESPONSIBILITY ONLY ON THE PERMITTED OPERATOR AND/OR THE STATE OF MINNESOTA. -THE AMM BELIEVES THAT LOCAL PROPERTY TAXING AUTHORITIES SHOULD NOT BE FORCED TO LEVY HIGHER PROPERTY TAX RATES BECAUSE SOLID WASTE FACILITIES MAY DEPRESS PROPERTY VALUES WITHIN PARTS OF THE TAXING JURISDICTION. OPERATORS SHOULD BE REQUIRED TO PAY ADDITIONAL FEES COMMENSURATE WITH THE ADVERSE TAX REVENUE IMPACT RESULTING FROM LOWER VALUES ON NEIGHBORING PROPERTIES. -THE AMM WILL SUPPORT MEASURES WHICH REQUIRE THAT OPERATORS OF SOLID WASTE FACILITIES GUARANTEE THE PURCHASE VALUE OF PROPERTIES WHICH ARE INFLUENCED BY THEIR PROXIMITY TO THOSE FACILITIES. -THE AMM WILL SUPPORT STATE AND FEDERAL LEGISLATION THAT CLARIFIES THAT MUNICIPAL SOLID WASTE IS NOT A HAZARDOUS SUBSTANCE, THAT ENABLES LOCAL GOVERNMENTS INVOLVED IN CLEANUPS TO HAVE THE OPPORTUNITY TO SETTLE THEIR POTENTIAL LIABILITY QUICKLY AND SAFELY , AND THAT EMPOWERS ONLY THE STATE AND FEDERAL GOVERNMENTS THE ABILITY TO ASSESS LOCAL GOVERNMENTS THEIR FAIR SHARE OF CLEANUP COSTS. -53- MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Potential Transit Funding Sources (Non-Agenda Informational) DATE: September 30, 1992 INTRODUCTION: This past August, staff shared with City Council a list of possible transit funding sources being considered by the Regional Transit Board. At that time, Council requested the Energy & Transportation Committee to provide input on the subject. BACKGROUND: On September 21, 1992 , Mayor Laurent and staff received a correspondence from Sherry Munyon, Deputy Chair, Regional Transit Board. (See Attachment #1) Ms. Munyon is requesting feedback from the City of Shakopee regarding the transit funding options receiving the greatest support from the Regional Transit Board's Local Officials Advisory Committee. Ms. Munyon requested feedback from the City prior to September 30, 1992 . Since the Energy & Transportation Committee has not had the opportunity to meet to discuss the various funding options, staff decided to contact the Southwest Metro Transit Commission Administrator to determine what position they are taking in regard to the transit funding issue and the Regional Transit Board's request for feedback. Ms. Diane Harberts, Southwest Metro Transit Administrator, informed me that the Southwest Metro Transit Commission selected to take no formal position regarding the various transit funding options. Ms. Harberts also informed me that the Southwest Metro Transit Commission felt that the issue of transit funding options would receive greater attention by her board when their legislative initiatives are identified later this year. Ms. Harberts recommended that in keeping with past practice, the opt-out communities should work together to develop a legislative initiative package that would not only address transit funding but other issues of concern to the opt-out communities. Ms. Harberts stated that she would be recommending to her board and the other opt-out communities that they consider working together to enlist the services of Mr. George Bentley to serve as a lobbyist for the opt-out communities in the upcoming legislative session. In the past, the City of Shakopee has budgeted a small amount within the transit budget for professional services to offset the City of Shakopee' s share of Mr. Bentley' s services. Staff has included funding in the 1993 transit budget to once again participate with the other opt-out communities in hiring Mr. Bentley to support our opt-out legislative initiatives. Keeping in mind, that Mr. Bentley' s past record in gaining legislative support for opt-out initiatives has been fairly positive and that Shakopee' s position can best be maximized if it is pursued under a unified approach with other opt-out communities, staff is recommending that no formal position be taken regarding the proposed transit funding options at this time. I would also like to point out that Mr. Eldon Reinke is a member of the Energy & Transportation Committee and a member of the Regional Transit Board' s Local Officials Advisory Committee. With this in mind, I feel that we are already being represented in terms of the process being taken by the Regional Transit Board in identifying funding options and that we will be represented further when the opt-out communities formally develop their 1993 legislative initiative package. I will keep the City Council informed via the non-agenda informational packets regarding the opt-out legislative initiative package for 1993 . Staff will also be using the talents of the Energy & Transportation Committee in reviewing possible 1993 legislative initiatives. At any point in the process if Council feels that items need to be further clarified, please feel free to bring them to my attention so that they can be placed on the official City Council agenda. TAMI\ADMIN\OPT-OUT MEM `fiMP- REGIONAL TRANSIT BQARD Mears Park Centre 230 East 5th Street St.Paul,Minnesota 55101 612/292-8789 September 18, 1992 Mayor Gary Laurent, Chair Shakopee Transit 129 E. 1st Avenue Shakopee, MN 55379 Barry Stock Shakopee Transit 129 E. 1st Avenue Shakopee, MN 55379 Dear Mayor Laurent and Mr. Stock: As you are probably aware, the Regional Transit Board (RTB) has continued its efforts to secure a dedicated source of revenues for transit operations throughout the summer, and it will remain our priority in the 1993 legislative session. Enclosed for your review, discussion, and input is a list of potential funding mechanisms we have compiled. The board would greatly appreciate your input. We would like your feedback as to: 1. which alternatives might be acceptable; 2. which funding mechanisms you believe are unacceptable to the business community; 3. additional funding mechanisms you would like our board and the legislature to consider and; 4. any additional advantages/disadvantages you would like to see added to the funding document we have begun to outline. We have distributed this document at our Chair's regional breakfasts this summer and, we are continuing to meet with employers and business groups. Our Local Officials Advisory Committee(LOAC) is reviewing funding mechanisms and listening to comments from various organizations. Enclosed is a packet prepared for their last meeting--as you will note, they have narrowed the list to twelve funding options. The committee will recommend to the board, from their perspectives, approximately three funding sources. I would be happy to meet with you and/or your commission in the near future to discuss funding options, or if you choose, you can send your comments to the next LOAC meeting, September 30. An Equal Opportunity Employer Page two We are also encouraging citizens to fill-out the enclosed post cards to send to their legislators. I hope to collect the signed cards and compile a list to share with legislative leadership and the Governor. We are receiving assistance with this effort from the Minnesota Public Transit Association, United Handicapped Federation, MTC and others. I encourage your assistance in this project. Thank you for your consideration of these two items. I look forward to hearing from you • in the very near future. Since - , /(.,t-7-7----- .., , u~yon. Deputy • . r SM:kag enclosures: Funding Options LOAC Mailing Post Card • REGIONAL TRANSIT BOARD Mears Park Centre 230 East Fifth Street,St.Paul,Minnesota 55101 292-8789 DATE: September 9, 1992 TO: Chair and Members of the Local Officials Advisory Committee FROM: Mike Kuehn, Community Relations Coordinator SUBJECT: Transit Funding Options The survey responses have been tabulated to determine which proposed funding options seem to be generally supported by committee members. These options will be the ones that we will have other organizations address when they appear before the committee. The options receiving greatest LOAC member support are (in no particular order of priority): • Eliminate Ethanol Credit • Pollution Tax • Congestion Pricing • Transportation Utility Fee • Add Fee to Emissions Testing • Sales Tax on Labor Portion of Vehicle Repair • Parking Fee • Increase in Vehicle License or Driver's License • Sales Tax on Gasoline (retail/wholesale) • Increase Gas Tax for Transit Use • Motor Vehicle Excise Tax (MVET) • Payroll Tax Additional cost estimates and evaluations of each option will be provided at the next two meetings. * TO: DENNIS KFAFT FROM:FRANK RIES ,FIRE CHIEF DATE ; 10/01/92 SUBJECT: 3RD QUARTER REPORT SHAKOPEE FIRE DEPARTMENT PG. 1 RESPONSES : 55 STRUCTURES 4 VEHICLES 6 MISC . FIRES 24 RESCUES/MEDICAL 15 OTHERS 6 II RESPONSE NOTES : 1 . A HOUSE FIRE OCCURRED AT 539 DAKOTA ST. IN SHAKOPEE ON 07-26-92 , DAMAGE ESTIMATES ARE AT $3000 . 00 . THE FIRE WAS CONTAINED TO THE BEDROOM. 2 . WE RESPONDED TO A FIRE AT CERTAINTEED CORPORATION AT 3303 E . 4TH AVE . IN SHAKOPEE ON 08-04-92 . THE FIRE WAS QUICKLY EXTINGUISHED. 3 . A HOUSE FIRE OCCURRED AT 815 E . 8TH ST. IN SHAKOPEE ON 08-11-92 , DAMAGE ESTIMATES ARE AT $8000 . 00 TO $10 , 000 . 00 . THE FIRE WAS CONTAINED TO THE BEDROOM. III TRAINING: 1 . THERE WERE 10 FORMAL TRAINING SESSIONS THIS QUARTER. THIS AVERAGES OUT TO OVER 20 HOURS OF REGULAR TRAINING PER FIREFIGHTER . TOPICS COVERED INCLUDE : HOSE AND NOZZLE (HANDLINE) USAGE 2 HIGH LEVEL RESCUE DRILLS WITH TRIPOD RELAY PUMPING DRILL MUTUAL AID TACTICAL DRILL WITH CHASKA FIRE DEPT. AT RENAISSANCE FESTIVAL GROUNDS PUMP OPERATION - INITIAL ATTACK SUPPLY HIGH LEVEL RESCUE GEAR FAMILIARIZATION ( NEW EQUIPMENT) SITE PREPLAN DOCUMENTATION HAZARDOUS MATERIAL RECOGNITION AND DECONTAMINATION METHODS TACTICAL TANK RESCUE ( INDUSTRIAL CHEMICAL INCIDENT) WATER SUPPLY EXERCISE WITH TANKERS AND RESIDENTIAL PRIVATE HYDRANT SYSTEM (ENGELHAVEN ADDN . ) SCUBA WATER RESCUE DRILL PG. 2 2 . THE UNITED FIRE FIGHTERS ASSOCIATION MEETING IN MAYER WAS ATTENDED BY FRANK RIES , DAN PAULY, DAVE JUDD, MARVIN ATHMANN , AND TERRY LINK. 3 . EMT REFRESHER COURSE IS BEING ATTENDED BY DAN LEADSTROM. 4 . MARK HUGE AND MARTIN GLYNN PROVIDED RENAISSANCE FESTIVAL PERSONNEL WITH FIRE EXTINGUISHMENT TRAINING. 5 . FRANK RIES AND DAVE JUDD ARE WORKING WITH RAHR MALTING IN REVIEWING EMERGENCY OPERATIONAL PLAN AND TRAINING RAHR PERSONNEL ON FIRE RELATED ISSUES . 6 . WE ARE WORKING WITH DAKOTA COUNTY VOCATIONAL COLLEGE TO IMPLEMENT FORMAL TRAINING SESSIONS OF ALL SHAKOPEE FIRE DEPT. MEMBERS TO THE HAZARDOUS MATERIAL RESPONSE OPERATIONAL LEVEL. ( 45 HRS . ) . THIS AND FURTHER TRAINING IS REQUIRED BY OSHA IN ORDER FOR US TO RESPOND TO AND TAKE ACTION IN A HAZARDOUS MATERIALS INCIDENT. THE REQUIREMENTS ARE OUTLINED IN NEPA 471 AND 472 . A SUBSET OF THE DEPARTMENT WILL BE FURTHER TRAINED TO THE TECHNICIAN AND SPECIALIST LEVEL. WE WOULD LIKE THIS TRAINING TO OCCURR LATE THIS FALL OR EARLY WINTER. IV SIGNIFICANT ANNOUNCEMENTS : 1 . MANY OF THE PIECES OF EQUIPMENT PURCHASED LAST QUARTER WITH DONATED FUNDS ( $15 ,000 . 00 ) HAVE ARRIVED AND ARE GOING INTO SERVICE FOR THE COMMUNITY. THIS INCLUDES EQUIPMENT FOR HIGH LEVEL RESCUE, AUTO EXTRICATION INDUSTRIAL ACCIDENTS , AND WATER/ICE RESCUE. 2 . FIREFIGHTER GEORGE BREEGGEMANN WILL BE RETIRING FROM THE SHAKOPEE FIRE DEPT. IN OCTOBER 1992 , WITH 26 YEARS OF ACTIVE SERVICE . GEORGE HAS CONTRIBUTED GREATLY TO THIS DEPARTMENT AND THE CITY OF SHAKOPEE WITH HIS DEDICATION AND SPIRIT. IN HIS 26 YEARS ON THE DEPT. GEORGE HAS SERVED AS A FIREFIGHTER, ASSISTANT CHIEF, AND FIRE CHIEF. WE WILL MISS GEORGE AS AN ACTIVE AND VERY DEDICATED PERSON TO THIS DEPARTMENT. PLEASE JOIN US IN SAYING "THANK YOU" AND WISHING HIM WELL AS HE RETIRES FROM THE SHAKOPEE FIRE DEPARTMENT! 3 . THE SHAKOPEE FIRE DEPT. TOOK PART IN THE ANNUAL SHAKOPEE DERBY DAYS CELEBRATION, WITH OUR ANNUAL WATER FIGHTING TOURNAMENT. THIS WAS HELD IN FRONT OF THE SHAKOPEE SWEENEY SCHOOL. THE EVENT WAS WELL ATTENDED BY AREA FIRE DEPARTMENTS AND CITIZENS . SHAKOPEE TEAM #1 TOOK FIRST PLACE ! OTHER DEPARTMENTS IN ATTENDANCE WERE: BELLE PLAINE , CARVER, CHASKA, CHANHASSEN, HAMBURG, JORDAN, AND SAVAGE. PG. 3 4 . THE WHITE GMC CHASSIS FOR THE NEW FIRE PUMPING APPARATUS (ORDERED IN) HAS BEEN RECEIVED BY CUSTOM FIRE APPARATUS . THEY WILL NOW BEGIN ASSEMBLY OF THE BODY AND PUMPING SYSTEM. WE HAVE BEEN INFORMED THAT COMPLETION OF THIS APPARATUS COULD BE BY THE END OF THIS CALENDAR YEAR. V. DEPARTMENT PLANS : THE TOP TWO ITEMS ON THE SHAKOPEE FIRE DEPARTMENTS PRIORITY LIST STILL INCLUDE ACQUISITION OF LAND FOR FIRE STATION #2 AND REPLACEMENT OF THE 1976 , 85 ' AERIAL APPARATUS . WE NEED TO ACQUIRE LAND FOR STATION #2 SOON IN ORDER TO TAKE ADVANTAGE OF PROPERTY WHICH MEETS THE DISTANCE RECOMMENDATIONS FOR DAY AND NIGHT RESPONSES BY US . THE REQUESTED PROPERTY IS ON OR NEAR VIERLING DRIVE , JUST EAST OF CO. R.D. 17 . THE PRESENT 85 ' AERIAL APPARATUS IS 15 YEARS OLD. THIS IS A VERY MECHANICAL PIECE OF EQUIPMENT WHICH IS VITAL TO FIRE, RESCUE OPERATIONS AND TACTICS . THE PRESENT APPARATUS IS RAPIDLY DETERIORATING AND OPERATIONAL SAFETY IS BECOMING AN IMPORTANT ISSUE . DIFFERENT ALTERNATIVES ARE BEING EXPLORED. WE ARE ALSO REQUESTING TO EXPAND OUR MANPOWER TO 50 FIRE FIGHTERS BY THE YEAR 1995 . THIS IS TO BE DONE BY INCREMENTED ADDITIONS OVER THE NEXT THREE YEARS . ( 5 FIREFIGHTERS PER YEAR) . THIS WILL ALLOW US TO KEEP UP WITH TRAINING AND EXPERIENCE ISSUES IN A MORE MANAGEABLE FASHION. EXPANSION OF FIRE COVERAGE FOR THIS COMMUNITY AS IT GROWS IS INEVITABLE. WE ARE USING OUR 5 YEAR OPERATIONAL PLAN (EXPANDING TO 10 YEARS WITH THE GUIDANCE OF THE SHAKOPEE COMPREHENSIVE PLAN ) TO ANTICIPATE THIS COMMUNITY FIRE PROTECTION NEEDS OVER THE NEXT SEVERAL YEARS . THIS INCLUDES MANPOWER, EQUIPMENT AND FINANCIAL REQUIREMENTS . VI SERVICE ANNIVERSARIES : JULY AUGUST ROBERT LATZKE 14 YRS . MIKE RYAN 13 YRS . MIKE THEISEN 14 YRS . DAVE JUDD 10 YRS . MARK MYERS 13 YRS . TOM PITTSCHNEIDER 7 YRS . BRIAN BENZ 9 YRS . SCOTT THEIS 4 YRS . SEPTEMBER EUGENE PASS 19 YRS . RANDY WECKMAN 10 YRS . MARTIN GLYNN 9 YRS . TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting October 6 , 1992 1 . Roll Call at 7 : 00 P.M. 2 . Approval of September 1, 1992 Minutes 3 . Property Valuation\Tax Reduction - Canterbury Downs 4 . Other Business a) b) 5 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY Regular Session Shakopee, Minnesota September 1, 1992 Chrmn. Sweeney called the meeting to order at 7 : 05 p.m. , with Comm. Beard, Vierling, and Laurent present. Absent: Comm. Lynch. Also present: Dennis Kraft, City Administrator and HRA Executive Director; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Lindberg Ekola, City Planner; and Gregg Voxland, Finance Director. Vierling/Beard moved to approve the July 28 , 1992 , meeting minutes. Motion carried with Chrmn. Sweeney abstaining due to his absence at this meeting. Vierling/Beard moved to approve the August 4 , 1992 , meeting minutes. Motion carried with Chrmn. Sweeney abstaining due to his absence at this meeting. Laurent/Beard moved to approve the August 18, 1992 , as amended to reflect the following change: " . . .process for the sale of Outlot A, Macey ' s 2nd Addition, to Jeff Monnens. . . " Motion carried with Comm. Beard abstaining due to his absence at this meeting. Beard/Vierling offered Resolution No. 92-4 , A Resolution Requesting the Shakopee City Council to Consent to the Levy of a Special Tax by the Housing and Redevelopment Authority in and for the City of Shakopee, and moved for its adoption. Motion carried unanimously. Vierling/Beard offered Resolution No. 92-5, A Resolution Adopting a General Fund Budget for 1993 , and moved for its adoption. Motion carried unanimously. Beard/Vierling offered Resolution No. 92-6, A Resolution Authorizing the Transfer of Cash Proceeds Generated from the Sale of Outlot A, Macey' s 2nd Addition to the City of Shakopee for Park Purposes, and moved for its adoption. Motion carried unanimously. Rick Reichow, Canterbury Downs, was present for discussion on their request for property tax reduction and an amendment to the Assessment Agreement. Mr. Reichow updated the Council on Canterbury Downs current situation and their continued desire to negotiate a reduction in the tracks assessed value. Chrmn. Sweeney reminded the Commission that the City has no power to abate the taxes; the power is with Scott County. Laurent/Vierling moved to direct staff to pursue an agreement with Canterbury Downs that is similar to the agreement in place and that it include a Letter of Credit for future payments with discussion involving an extra year to that agreement, for the guarantee, and a provision to increase the tax level if Canterbury Downs Official Proceedings of the September 1, 1992 Housing and Redevelopment Authority Page -2- begins to see a profit. Motion carried with Chrmn. Sweeney voting in opposition. Vierling/Beard moved to adjourn the meeting of the Shakopee Housing and Redevelopment Authority. Motion carried unanimously. Meeting adjourned at 7 : 50 p.m. Dennis Kraft Executive Director Jane VanMaldeghem Recording Secretary 3 MEMO TO: The Honorable Chair and Commissioners, Shakopee Housing and Redevelopment Authority FROM: Dennis R. Kraft, Executive Director RE: Canterbury Downs Property Tax Reduction DATE: October 2 , 1992 INTRODUCTION: New Canterbury Downs has requested a reduction in the minimum assessed value of Canterbury Downs Racetrack, which will result in a reduction in real estate taxes for that facility. BACKGROUND: Canterbury Downs Racetrack continues to experience financial adversity. Both attendance and the betting handle continue to go down. Since the last agreement was entered into the Minnesota Supreme Court sustained a lower court opinion which ruled that off track betting and telephone wagering were unconstitutional. Also, other legalized forms of gambling in Minnesota continue to proliferate and Mystic Lake Casino frequently draws 10, 000 patrons per day. At the time Canterbury Downs was constructed a Tax Increment District was created. Part of this agreement provided for a minimum assessed value of $43 , 245, 000. A document, known as an assessment agreement, was the legal document which provided for this minimum assessed value. In 1992 , this minimum assessed value resulted in property taxes of approximately $2 . 6 million. On May 13 , 1992 the Shakopee HRA entered into an agreement with Canterbury Downs to reduce the minimum assessed value to $24 , 400, 000. This resulted in a property tax of approximately $1, 505, 000 to the HRA and an additional $100, 000 to the Shakopee School District. This latter amount represented part of the excess levy due the school district as a result of an excess levy referendum passed by the voters a couple of years ago. Canterbury Downs has made a payment of $1, 605, 000 this year which represented the total amount due under the May 13th agreement. Another provision of the agreement entered into earlier this year provided for the issuance of an irrevocable letter of credit to the HRA in the event of non payment of future property taxes. The agreement further stipulated that if this letter of credit were not received by the City as of September 15, 1992 the entire agreement would become void. The letter of credit was not received and the May 13th agreement is no longer in effect. Canterbury Downs continues to request a reduction in market value and a reduction in property taxes. As directed by the HRA the Executive Director has pursued negotiations with Canterbury Downs in an attempt to provide for a reduction in property taxes in an amount that is agreeable to both the HRA and Canterbury Downs. Attached is a resolution which will provide for property tax reduction for Canterbury Downs. The amounts are not included in this agreement. The staff and the City' s financial consultant, Dave MacGillvary of Springsted, Inc. are in the process of preparing calculations for HRA consideration at the October 6th meeting. The two scenarios that are being addressed at this time are: (1) A gross property tax of $1 million, with that amount including the payment to be made to I. S.D. 720 for the excess levy referendum, and (2) A net tax amount of $1 million to be paid to the HRA plus an additional amount representing the excess levy to be paid to I.S.D. 720. Obviously, the HRA can select another minimum property value and tax amount if it so chooses. The staff has made the assumption that it is the intent of the HRA that I.S.D. 720 will continue to receive compensation as a result of the excess levy referendum. The HRA appears to have at least three options relative to the excess levy payment. These include: (1) pay 100% of the amount the school district would receive as if the assessor' s market value were to remain at $43, 245, 000; (2) reduce the amount of the excess levy in direct proportion to the reduction in tax increment received by the HRA, (3) provide for no excess levy payment to I .S.D. 720 - Option 3 is not recommended. The resolution as drafted would result in a reduced tax amount for Canterbury Downs for the years 1993 - 1995. Once again, this agreement would include a provision for a letter of credit to be given to the HRA which would provide compensation in the event of non payment of property taxes. The original assessment agreement provided for a minimum assessed value of $43 million through 1994 and this agreement, if entered into, will provide for an additional year' s guaranteed payment. Canterbury Downs is located in two Tax Increment Districts (District #1 and District #4) . District #1 includes the backstretch area facility and District #4 is the grandstand part of the property. District #1 is scheduled to go through the year 2002 and District #4 will expire at the end of 1994. Therefore, if this agreement is entered into the HRA will be guaranteed to receive tax increment for the years 1993 - 1995 for that part of the track that is located in District #1 and will be guaranteed to receive tax increment for the years 1993 and 1994 for the property located in District #4 . The taxes received from District #4 in 1995 will be distributed to all of the local taxing jurisdictions as a result of the expiration of District #4 on December 31, 1994 . For this agreement to be fully implemented the HRA must defease the outstanding racetrack tax increment bonds. These bonds carry a 10% interest rate. It is recommended that these bonds be defeased regardless of the action the HRA takes on the assessment agreement. Additional information will be placed on the table at the October 6th meeting and representatives from Canterbury Downs as well as Mr. MacGillvary from Springsted, Inc. will be in attendance at the HRA meeting. ALTERNATIVES: 1. Reduce the value of Canterbury Downs to an amount which will result in a gross tax payment of $1 million, including the excess levy referendum amount. 2 . Reduce the assessed value of Canterbury Downs to an amount which will result in a net tax increment amount of $1 million and provide for an additional amount to be paid to I.S.D. 720 to compensate them for the excess levy referendum. 3 . Reduce the valuation to some other amount which will result in another property tax figure. 4. Do not change the 1984 Assessment Agreement and keep the minimum property value at $43 , 245, 000. 5. Defease the Canterbury Downs Special Obligation Tax Increment Bonds. 6. Direct that all or part of the excess levy be allocated to I. S.D. 720. RECOMMENDATION: It is recommended that the HRA direct the defeasance of the track bonds, discuss the above mentioned issue and provide direction to the staff so that an agreement can be entered into no later than October 13, 1992 . ACTION REQUESTED: Move to adopt Resolution No. 92-7 a resolution authorizing defeasance and payment and redemption of Tax Increment Bonds, Series 1985. Move to adopt Resolution No. 92-8 a resolution authorizing execution and delivery of amendment to Assessment Agreement and Tax Payment and Security Agreement. Move to lower the minimum assessor' s market value of Canterbury Downs located in Tax Increment District No. 1 from $10, 049 , 000 to $14 , 600, 000 as of January 2 , 1991 and from $14 , 600, 000 to $ as of January 2 , 1992 and the minimum Assessor' s Market Value for that portion of the Racetrack property located in TIF District No. 4 from $24, 196, 000 to $9 , 800, 000 as of January 2 , 1991 and from $9, 800, 000 to $ as of January 2 , 1992 for all assessment dates from January 2 , 1991 to January 2 , 1994 inclusive, and direct the appropriate HRA officials to execute the Payment Assurance and Security Agreement. Move to direct that $ of the levy be allocated to I.S.D. 720 as excess levy payment. Resolution No. 92rl - Resolution Authorizing Defeasance And Payment and Redemption of Tax Increment Revenue Bonds, Series 1985 Be It Resolved by the Board of Commissioners of the Housing And Redevelopment Authority In And For The City of Shakopee, Minnesota (the "Authority") , as follows : Section 1 . Recitals . 1 .01 . The Authority now has outstanding its Tax Increment Revenue Bonds dated March 1, 1985 (the "Bonds") , which mature on August 1 in the years and in the amounts, and bear interest at the rates, set forth below: Interest Year Amount Rate 1993 640, 000 10 .25% 1994 710, 000 10 .25% The bonds maturing in the years 1993 and 1994 are subject to redemption and prepayment on February 1, 1993 at a price of 101% of par plus accrued interest . 1 .02 . The Authority now has on hand tax increment revenues sufficient to immediately defease, and redeem and prepay on February 1, 1993 the Bonds maturing on August 1, 1993 and 1994 . 1 .03 . It is in the best interest of the City, Scott County and Independent School District No. 720, that the Bonds be immediately defeased, and paid and redeemed in full on February 1, 1993 . Section 2 . payment and Redemption Authorized. 2 .01 . The Executive Director is authorized and directed to direct First Trust, National Association, as Trustee under the Indenture of Trust between it and the Authority dated March 1, 1985 (the "Indenture") , pursuant to which the Bonds were issued, to call for redemption and prepayment on February 1, 1993, the Bonds maturing on August 1, 1993 and 1994; and upon receipt from the Authority of the necessary moneys, to immediately defease all of the Bonds . 2 .02 . The Executive Director is authorized and directed to immediately pay to the Trustee from tax increment revenues derived from the City' s Tax Increment Financing District No. 4, the amount required to immediately defease such Bonds and to pay and redeem such Bonds on February 1, 1993, in accordance with the Indenture . Resolution No. 92- 6 Resolution Authorizing Execution And Delivery Of Amendment To Assessment Agreement and Tax Payment And Security Agreement Be It Resolved by the Board of Commissioners of The Housing and Redevelopment Authority In And For The City of Shakopee, Minnesota (the "Authority") , as follows" Section 1 . Recitals . 1 .01 . New Canterbury Downs, a Minnesota partnership which owns the Canterbury Downs Racetrack, and Ladbroke Racing Canterbury , Inc. , a Delaware corporation which leases and operates the racetrack ("LRC") , (the "Companies") have requested that the Authority enter into an amendment of the Assessment Agreement dated October 29, 1984 between the Authority and Minnesota Racetrack, Inc. , the previous owner of the racetrack, (the "Assessment Agreement") , establishing a minimum Assessor' s Market Value for the property comprising Canterbury Downs Racetrack (the "Racetrack Property") , whereby the minimum Assessor' s Market Value for that portion of the Racetrack Property located in the City' s Tax Increment District No . 1 ("TIF District No. 1") be lowered from $19, 049, 000 to $14, 600, 000 as of January 2, 1991, and from $14, 600, 000 to $ as of January 2, 1992, and whereby the minimum Assessor ' s Market Value for that portion of the Racetrack Property located in the City' s Tax Increment Financing District No. 4 ("TIF District No. 4") be lowered from $24, 196, 000 to $9, 800, 000 as of January 2, 1991, and from $9, 800, 000 to $ as of January 2, 1992, for all assessment dates from January 2, 1991 to January 2, 1994, inclusive . After January 2, 1994, the Racetrack Property will be valued for ad valorem tax purposes as provided by law. 1 .02 . The Authority now has outstanding $1, 350, 000 Tax Increment Revenue Refunding Bonds, Series 1984, but such bonds are payable solely from tax increment revenues derived and to be derived from certain property in TIF District No. 1 other than the Racetrack Property. 1 .03 . The Authority has, by its Resolution No. 92- adopted on this date, authorized the immediate defeasance and payment and redemption on February 1, 1993, of all outstanding bonds of its Tax Increment Revenue Bonds dated March 1, 1985, which are payable solely from tax increments derived and to be derived from the Racetrack Property in TIF Districts No. 1 and 4 . Upon completion of such action the Authority will have no outstanding revenue bond to which tax increments derived and to be derived from its Tax Increment Financing District No. 4 are pledged. 1 .04 . Tax increments derived and to be derived from the Racetrack Property have been pledged by the Authority, to the extent necessary, to pay the principal of and interest on certain general obligation tax increment bonds of the City. However, neither the Authority nor the City has made any covenants with the holders of such outstanding general obligation tax increment bonds that would prevent the Authority from entering into the requested amendment to the Assessment Agreement, and an analysis of the debt service requirements on such bonds and the tax increments received and reasonably expected to be received for their payment, assuming the Authority enters into the requested amendment to the Assessment Agreement, indicates that such tax increments will be available at the times and in amounts sufficient to pay such debt service when due . 1 . 05 . The Authority therefore has authority, and it is necessary and in the best interests of the City, Scott County, and Independent School District No. 720 (the "School District") , to enter into the requested amendment to the Assessment Agreement; provided the Company enters into a second agreement providing for: (1) the payment to the City in each of the years 1992 through 1995, of ad valorem taxes, together with other moneys, in an amount equal to $ in 1992 and $ in each of the years 1993 through 1995, plus such additional amount as, together with the School District ' s share of each year' s tax increment, the School District would have received from tax increments derived from the Racetrack Property had the amendment to the Assessment Agreement not been entered into; and (2) security for the payment of such amounts . Section 2 . Approval of Agreements . 2 . 01 . There has been presented to this Board proposed forms of: (1) an Amendment To Assessment Agreement and Assessor' s Certification dated October 13, 1992 by and among the Authority and the Companies (the "Amendment") , and (2) a Tax Payment Assurance and Security Agreement dated October 13, 1992 (the "Payment Agreement") ; by and between the Authority and LRC. 2 .02 . The forms of the Amendment and Payment Agreement are approved, and the Chairman and Executive Director are authorized and directed to execute and deliver them on behalf of the Authority. 2 . 03 . The Executive Director is authorized and directed to request the Scott County Assessor to execute the Assessor' s Certification attached to the Amendment . Execution Draft PAYMENT ASSURANCE AND SECURITY AGREEMENT THIS PAYMENT ASSURANCE AND SECURITY AGREEMENT, made and entered into as of the 13th day of October, 1992 (this "Agreement") , by and between Ladbroke Racing Canterbury, Inc. , a corporation duly organized and existing under the laws of the State of Delaware having its principal office at 1100 Canterbury Road, Shakopee, Minnesota 55379 ("LRC") , and The Housing And Redevelopment Authority In And For The City of Shakopee, a public corporation of the State of Minnesota, having its principal office at 129 East First Avenue, Shakopee, Minnesota 55379 (the "Authority") ; WITNESSETH THAT, in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows : Section 1 . Recitals . 1 . 01 . New Canterbury Downs, a Minnesota general partnership ("NCD") , LRC and the Authority have agreed to enter into an Amendment To Assessment Agreement And Assessor' s Certification of even date herewith (the "Amendment") , whereby a lower minimum Assessor' s Market Value will be established for the property comprising Canterbury Downs Racetrack described in Attachments B and C to the Amendment (the "Racetrack Property") , which is now owned by NCD and leased to LRC. Under the Amendment, the minimum Assessor' s Market Value for that portion of the Racetrack Property located in the City's Tax Increment District No. 1 ("TIF District No. 1") is to be lowered from $19, 049, 000 to $14, 600, 000 as of January 2, 1991, and from $14, 600, 000 to $ as of January 2, 1992, and the minimum Assessor' s Market Value for that portion of the Racetrack Property located in the City' s Tax Increment Financing District No. 4 ("TIF District No. 4") is to be lowered from $24, 196, 000 to $9, 800, 000 as of January 2, 1991, and from $9, 800, 000 to $ as of January 2, 1992, for all assessment dates from January 2, 1991 to January 2, 1994, inclusive . 1 . 02 . The Amendment will result in substantial reductions of ad valorem taxes payable on the Racetrack Property for the years 1992 through 1995, and the Authority has agreed to enter into the Amendment only if LRC agrees to enter into this Agreement and agrees that the execution of the Amendment by the Authority is good and sufficient consideration to LRC for entering into this Agreement . 1 .03 . The exact level of ad valorem taxes payable with respect to the Racetrack Property in any year is and will be dependent upon its Assessor's Market Value and other factors, including but not limited to the aggregate tax capacity rate applicable to it each year. However, the Authority is desirous of ensuring that a level of income will be derived with respect to the Racetrack Property in each of the years 1992 through 1995 which will provide: (a) in 1992, to the Authority, an amount equal to the tax increment revenue that would have been available to it, if the total ad valorem tax payable with respect to the Racetrack Property in each of such years was approximately $1, 500, 000; (b) in 1993 through 1995, to the Authority, an amount equal to the tax increment revenue that would have been available to it, if the total ad valorem tax payable with respect to the Racetrack Property in each of such years was approximately $ ; and (c) to the Authority, for payment to Independent School District No. 720 (the "School District") , an amount equal to the tax increment revenue that would have been available to it, if the Assessor' s Market Value of the Racetrack Property had continued to be $43, 245, 000 on January 2 in each of the years 1991 through 1994, and the aggregate tax capacity rate applicable to the Racetrack Property had continued to be 135 .37 in each of such years . 1 . 04 . In consideration of the Authority' s entering into the Amendment LRC is willing to guaranty to the Authority the desired level of income with respect to the Racetrack Property for the years 1992 through 1995, and to provide security for such guaranty as herein provided . Section 2 . LRC Payment Obligation; Security. 2 . 01 . LRC has paid to the Authority on May 20, 1992 the sum of $1, 606, 278, less the amount of ad valorem taxes paid to the Scott County Treasurer with respect to the Racetrack Property on or before May 15, 1992, which was $1, 505, 989 . LRC hereby agrees to pay to the Authority on May 20 and October 20 in each of the years 1993 through 1995, the sum of $ , less the amount of ad valorem taxes paid to the Scott County Treasurer on the Racetrack Property on the immediately preceding ad valorem tax payment date, and plus an amount equal to $ , less an amount equal to 11 .38% of such ad valorem taxes after deduction of the fiscal disparities portion of such taxes . 2 .02 . LRC shall furnish and deliver to the Authority on or before October 20, 1992, an irrevocable standby letter of credit issued by a national banking association or a United States branch or agency of a foreign bank, naming the Authority as beneficiary, having a stated amount of $ , and having a stated expiration date of February 1, 1996 (the "Letter of Credit") . The Letter of Credit may provide for an automatic reduction in the amount available for draw by the Authority equal to the amount of any draw and, as of each date shown below, an amount equal to the cumulative total as of such date of the amounts set forth below opposite such date and all prior dates shown below, less the cumulative total of all previous draws : -2- Cumulative Date Amount Total September 1, 1993 February 1, 1994 September 1, 1994 February 1, 1995 September 1, 1995 February 1, 1996 Letter of Credit Expires The form, content and issuer of the Letter of Credit shall be subject to approval by the Authority in its sole discretion, and LRC shall provide a proposed form of the Letter of Credit to the Authority on or before October 15, 1992 . If the Letter of Credit is not provided to the Authority on or before October 20, 1992 in accordance with this Agreement, this Agreement shall terminate and become null and void. 2 .03 . The City shall be authorized to draw on the Letter of Credit as follows : (a) if any amount owed to the Authority by LRC under Section 2 . 01 is not paid when due, the Authority may make a draw under the Letter of Credit for such amount; and (b) in the event LRC asserts in a legal proceeding that this Agreement or the Amendment or any part thereof is invalid or unenforceable, or files a voluntary petition in bankruptcy, or LRC is adjudicated as a bankrupt, or LRC makes an assignment for the benefit of creditors, or LRC enters into an agreement of composition with creditors, or a court of competent jurisdiction approves a petition applicable to LRC in any proceeding instituted under the provisions of the United States Bankruptcy Code, as amended, or under any similar act which may hereafter be enacted, the Authority may make a draw under the Letter of Credit for the entire amount available for draw. Moneys received by the Authority as a result of any draw under the Letter of Credit shall be applied as provided in Section 3 . Section 3 . Application of Letter of Credit Draws . 3 . 01 . Amounts drawn under the Letter of Credit by the Authority shall be applied as follows : (a) any amount drawn to meet LRC' s payment obligation on May 20 or October 20 in 1993 through 1995 shall be applied as follows : (i) an amount thereof equal to the ad valorem tax payment shall be retained by the Authority, and (ii) the balance thereof shall be paid to the -3- School District; and (b) any amount drawn pursuant to Section 2 .03, clause (b) shall be retained by the Authority and applied as provided in clause (a) of this Section on the dates on which draws could have been made under Section 2 .03, clause (a) or (b) . 3 .02 . Amounts retained by the Authority shall be deposited in a separate and special fund of the Authority (the "Special Fund") and invested at the discretion of the Authority in investments authorized by State law which mature or are callable at the option of the holder in not more than twelve months . The Authority shall have the right to use the amount so deposited and any investment income thereon to pay debt service on any general obligation tax increment bond of the City now outstanding to which tax increments derived and to be derived from TIF District No . 1 or TIF District No. 4 have been pledged; but only if and to the extent other tax increments pledged for this purpose are not sufficient . The sufficiency of such other tax increments shall be determined by the City in its sole discretion, and the Authority may take into account in making such determination the need to make other planned tax increment expenditures . 3 .03 . In the sole event that, after making a draw under the Letter of Credit, the City receives from the Scott County Auditor tax increments derived from the Racetrack Property for any of the years 1993 through 1995, the Authority shall repay to LRC an amount equal to the amount of any Letter of Credit draw made as a result of the failure to pay the ad valorem tax of which such tax increment is a part on the applicable tax payment date, to the extent such draws are not payable to the School District under Section 3 .01, but only from the Letter of Credit proceeds and investment income thereon which are then on hand in the Special Fund established pursuant to Section 3 . 02, or such tax increments . Letter of Credit draws made under Section 2 . 03, clause (b) , shall also be repaid as tax increments are received by the Authority to the extent such draws are not payable to the School District under Section 3 .01, from the same sources . The Authority shall not be required to pay any interest on any Letter of Credit draw required to be repaid pursuant to this Section. Section 4 . Representations and Warranties of Authority. The Authority hereby represents and warrants to LRC that : (a) The Authority is a public corporation of the State, duly organized and existing under the Constitution and laws of the State, and is authorized under the Constitution and laws of the State to enter into this Agreement and the transactions contemplated hereby, and to perform all of its obligations hereunder . -4- (b) The execution and delivery of this Agreement by the officers of the Authority executing it has been duly authorized by a duly adopted resolution of the Authority's governing body in accordance with State law. Section 5 . Representations and Warranties of LRC. LRC hereby represents and warrants to the City that : (a) LRC is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, with corporate powers and authority to own its property and carry on its business as now being conducted. (b) LRC has full power, authority and legal right to enter into and perform its obligations under this Agreement, and the execution, delivery and performance thereof have been duly authorized by all necessary corporate actions on the part of LRC, and do not require any stockholder approval or consent of any trustee or holder of any indebtedness or obligation of LRC or such required approval and consents have heretofore been duly obtained. (c) The execution, delivery and performance of this Agreement does not contravene any law, governmental rule, regulation, order or ordinance of any governmental entity having jurisdiction over it . (d) The execution, delivery and performance of this Agreement does not contravene any provision of the Certificate of Incorporation, Articles of Incorporation or Bylaws of LRC, and does not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement or instrument to which LRC is a party or by which it or its property is bound. (e) Assuming due authorization, execution and delivery of this Agreement by the Authority, this Agreement is a valid and binding obligation of LRC, which is enforceable against LRC in accordance with its terms, except as such enforceability may be limited by applicable laws relating to bankruptcy, moratorium, insolvency or creditors ' rights, or by the application of principles of equity. (f) There are no pending or, to the knowledge of LRC, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the condition, business or operation of LRC or the ability of LRC to perform its obligations under this Agreement . -5- Upon execution of this Agreement LRC shall furnish to the City an opinion of counsel as to the matters specified in Section 5, clauses (a) , (b) , (d) , (e) and (f) , in form reasonably satisfactory to the Authority. Section 6 . Indemnity. LRC agrees to indemnify and hold the Authority harmless from and against any and all expenses, losses or damages, suffered or incurred by the Authority as a result of the failure of LRC to perform any of its obligations under this Agreement, or as a result of the failure of any representation, warranty or covenant made herein by LRC, including but not limited to all expenses and legal fees incurred in answering or defending any claim or action against the Authority or LRC with respect thereto, or in enforcing any rights the Authority may have against LRC under this Agreement or any rights the Authority may have under the Letter of Credit . Section 7 . LRC Obligations Unconditional . The obligations of LRC under this Agreement are absolute and unconditional in all events, and are not subject to any right of set-off or counterclaim which might otherwise exist in favor of LRC against the Authority or the City. Such obligations shall not be affected or in any way diminished by any change of state law or the damage or destruction of all or any part of the Racetrack Property. Section 8 . Sale of Racetrack Property; Assignment . The sale or other transfer of ownership of the Racetrack Property or the termination of LRC' s lease of the Racetrack Property shall not affect the obligations of the parties under this Agreement . Section 9 . Administrative Provisions . 9 .01 . All notices, certificates, legal opinions or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in registered form with postage fully prepaid to the addresses specified on the first page hereof; provided that LRC and the City, by notice given hereunder, may designate different addresses to which subsequent notices, certificates, legal opinions or other communications will be sent . -6- 9.02 . This Agreement shall inure to the benefit of and shall be binding upon LRC and the Authority and their respective successors and assigns . The School District shall not be a third party beneficiary of this Agreement or the Letter of Credit and shall have no rights to enforce this Agreement or draw on the Letter of Credit . 9 .03 . In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 9.04 . This Agreement may be amended or any of its terms modified only by writ_en amendment authorized and executed by LRC and the Authority. 9 .05 . This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument . 9 .06. This Agreement is made in and shall be governed by. and construed in accordance with the laws of the State of Minnesota . IN WITNESS WHEREOF, LRC has caused this Agreement to be executed in its corporate name by its duly authorized officer; and the Authority has caused this Agreement to be executed in its name by its duly authorized officers, all as of the date first above written. LADBROKE RACING CANTERBURY, INC. 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Also present: City Admn. , Dennis Kraft; Ass't City Admn. , Barry Stock; City Attorney, Karen Marty; City Clerk, Judith S. Cox; City Planner, Lindberg Ekola; and Finance Director, Gregg Voxland. Sweeney/Vierling moved to approve the agenda with the following additions to "other business" : 15a) Ice arena alternative; 15b) Garage sale signs on utility poles; 16) Executive session to discuss litigation; and 17) Adjournment to Tuesday, September 8, at 7 : 00 p.m. Motion carried unanimously. The City Council recessed at 7 : 04 p.m. for the meeting of the Shakopee Housing and Redevelopment Authority. The City Council reconvened its meeting at 7 : 50 p.m. The liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor' s report. Mayor Laurent recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. Sweeney/Beard moved to approve the consent business with the addition of: 13a) Civil defense siren, added to consent approval. Motion carried unanimously. Vierling/Sweeney moved to approve the meeting minutes of August 11, 1992 , with the following amendment: " . . . moved to table to the City Council meeting of September 15, 1992 , the hiring of an architect for the ice facility. Motion carried with Mayor Laurent and Cncl. Beard voting in opposition. " Motion carried unanimously. Vierling/Sweeney moved to approve the meeting minutes of August 18, 1992 , as presented. Motion carried with Cncl. Beard abstaining due to his absence at that meeting. Dave Klein, 914 Dakota, was present to discuss the sewer line replacement cost incurred by his father, Urban Klein. He stated that the dollar amount for the sewer line repair on City property would be in excess of $2 , 000. 00, which is over half of the total bill for the sewer line replacement. He added that his father should not have to pay any of the costs incurred. Discussion was held on a reimbursement amount, if any, for the Urban Klein sewer line replacement. Vierling/Sweeney moved that the City pay for the repair of the sewer line from the street side to the property line for the Urban Klein sewer line replacement. Official Proceedings of the September 1, 1992 Shakopee City Council Page -2- Mr. Klein stated he thought it was the responsibility of the City to pay the entire bill, but a settlement would be acceptable. Discussion was held on the City policy set forth on reimbursement to citizens for bodily injury or property damage. Cncl. Vierling called for the question. Motion carried with Mayor Laurent voting in opposition. Sweeney/Vierling offered Resolution No. 3655, A Resolution Accepting Bids on 12th Avenue Sewer and Watermain Improvements Located between County Road 83 and Valley Park Drive, Project No. 1992-4 , and moved for its adoption. Motion carried unanimously. Sweeney/Beard moved to authorize a contingency amount equal to the contract for use by the City Engineer in authorizing change orders or quantity adjustments on Project No. 1992-4 . Motion carried unanimously. Beard/Vierling moved to direct staff to prepare a draft agreement with Valley Green Business Park, establishing a time frame, based on need, for the City to assume ownership of this lift station and outlining the conditions or improvements that need to be completed prior to the City accepting this lift station. Discussion was held on whether or not the City would want to assume ownership of this lift station and if this action would make it easier to develop this area. Discussion was also held on how this agreement could be enforced for future development of this property. Jon Albinson, Project Director for Valley Green Business Park, stated he is in favor of an agreement which could be filed in the chain of title. He added that this agreement could include the improvements that future developers would have to make to this lift station prior to the City taking over the lift station, which should prevent misunderstandings in the future. There was consensus among Councilmembers that Part B of the bids (which includes a sanitary sewer along CR-83 crossing the bypass to replace the lift station at the Canterbury Inn, a watermain crossing of the bypass and parking lot restoration at the hotel) would not be included in the project. Motion carried with Cncl. Sweeney voting in opposition. Bill Anderson, Cable Commission, was present to discuss the audio/visual equipment needed for the new City Hall. He stated that revenue and franchise fees have increased so funds are available for replacement and additions to the audio/visual system. Official Proceedings of the September 1, 1992 Shakopee City Council Page -3- He stated that with the move to the new City Hall, the government meetings would go to a governmental access channel. Mr. Anderson gave the City Council the Cable Commission' s proposal for audio/visual use for the community. Discussion was held on giving the Cable Communication Advisory Commission a percentage of the revenue vs. a fixed cost figure. Beard/Vierling moved to authorize the appropriate City officials to enter into an agreement with Southwest Audio Visual to complete the Council Chambers audio/visual system design and bid specifications. Motion carried unanimously. Beard/Vierling offered Resolution No. 3660, A Resolution Amending Resolution No. 3496, Adopting the 1992 Budget Increasing Professional Services within the Administration Division - Cable Program by $12 , 000 and Increasing Franchise Fee Revenues by a Corresponding Amount, and moved its adoption. Motion carried unanimously. The City Council recessed at 9 : 15 p.m. The City Council reconvened at 9 : 25 p.m. Discussion was held on the 1192 - 1997 Capital Improvement Program. Cncl. Sweeney stated that the fund balance should be presented using the numbers proposed in the 1992 - 1997 Capital Improvement Program. Discussion was held on how the cost figures for the 1993 - 1997 capital improvements were derived. The 1992 - 1997 Capital Improvement Plan will be brought back to the Committee of the Whole for further information and discussion. Sweeney/Beard moved to authorize and direct the appropriate City officials to purchase a Whelen Model WPS 2800-5 Civil Defense Warning Siren from Fesler' s, Inc. , for $10, 827 . 65, plus freight and for it to be installed in the industrial park area. (Motion carried unanimously under consent business. ) Sweeney/Beard moved to authorize the appropriate City officials to solicit bids for the Tahpah Park Concession Stand Improvement Project. (Motion carried unanimously under consent business. ) Sweeney/Beard moved to approve the payment of bills in the amount of $136, 945 . 48 . (Motion carried unanimously under consent business. ) Sweeney/Beard moved to approve the application and grant an On- Sale Non-intoxicating Malt Liquor License to Kenneth D. Berg Official Proceedings of the September 1, 1992 Shakopee City Council Page -4- dba/Shakopee Bowl, 222 East 1st Avenue, Shakopee. (Motion carried unanimously under consent business. ) Sweeney/Beard offered Resolution No. 3658, A Resolution Amending Resolution No. 3496, Adopting the 1992 Budget, and moved for its adoption. (Motion carried unanimously under consent business. ) Sweeny/Beard moved to nominate Mr. John Tieben, Sr. to the Park & Recreation Advisory Board. (Motion carried unanimously under consent business. ) Beard/Sweeney moved to remove Ordinance No. 340, Fourth Series, (which would require all boards and commissions to follow Roberts Rules) from the table. Motion carried unanimously. Discussion was held on amending Section 2 . 50, instead of adding Section 2 . 51, which would not require the Shakopee Public Utilities Commission to comply with Ordinance No. 340. Sweeney/Vierling moved to adopt Ordinance No. 340, with the addition of Shakopee City Code Section 2 . 50; An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 2, Administration and General Government, Section 2 . 50, Boards and Commissions Generally Except the Shakopee Public Utilities Commission, by Adding One New Paragraph Relating to Procedures, and Repealing Section 2 . 55, Subd. 3 and Section 2 . 57, Subd. 3 , Relating to the Same Subject. Motion carried unanimously. Sweeney/Beard offered Resolution No. 3654 , A Resolution Consenting to the Levy of a Special Tax by the Housing and Redevelopment Authority In and For the City of Shakopee, and moved for its adoption. (Motion carried unanimously under consent business. ) Sweeney/Beard offered Resolution No. 3657, A Resolution Authorizing the Execution of Mn/DOT Cooperative Agreement No. 67798, Regarding Right-of-Way Acquisition Costs Associated with Drainage Facilities for the Shakopee Bypass, and moved for its adoption. (Motion carried unanimously under consent business. ) Sweeney/Beard offered Resolution No. 3656, A Resolution Accepting Bid on Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, between Atwood Street and Pierce Street; and Pierce Street, between 2nd Avenue and 3rd Avenue, Project No. 1992-6, and moved for its adoption. (Motion carried unanimously under consent business. ) Sweeney/Beard moved to approve a contingency in the amount of 10 percent of the contract for use by the City Engineer in authorizing change orders for Project No. 1992-6. (Motion carried unanimously under consent business. ) Sweeney/Beard offered Resolution No. 3659, A Resolution Apportioning Assessments Among New Parcels Created as a Result of Official Proceedings of the September 1, 1992 Shakopee City Council Page -5- the Platting of Heritage Place 3rd Addition, and moved for its adoption. (Motion carried unanimously under consent business. ) Discussion was held on the probability of the City purchasing land south of the Shakopee Senior High School for purposes of an ice arena. Discussion was also held on having the school operate the ice arena with a joint agreement with the City, if the Mdewakanton-Sioux did not construct their ice arena, as proposed. Cncl. Sweeney stated that the Shakopee Public Utilities manager has expressed concern over calls they have received regarding the use of street light poles to advertise garage sales. The City Attorney will respond with information on the use of signs on City property. The City Council recessed its meeting at 10: 30 p.m. , to go into an Executive Session to discuss litigation. Mayor Laurent re-convened the meeting at 10: 52 p.m. and stated that no action was taken during the Executive Session. Mayor Laurent adjourned the meeting to Tuesday, September 8, 1992 at 7 : 00 p.m. The meeting adjourned at 10: 52 p.m. CD\ lkat) . 4: Jaid'th S. Cox C` Clerk Jane Van Maldeghem Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 8, 1992 Mayor Laurent called the meeting to order at 7 : 03 P.M. with Councilmembers Lynch, Sweeney, Vierling, and Beard present. Also present were Dennis R. Kraft, City Administrator; Barry Stock, Ass't. City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Tom Steininger, Chief of Police; Frank Ries, Fire Chief; Lindberg Ekola, City Planner; and Dave Hutton, Public Works Director/City Engineer. Chief Steininger explained that all parties have not agreed to the proposed settlement regarding the police sergeants' union litigation and that a trial date has been set for September 16th. Sweeney/Lynch moved to take the vacant police sergeancy off the table. Motion carried unanimously. Sweeney/Lynch moved to table the vacant police sergeancy. Motion carried unanimously. Mayor Laurent recessed the meeting for a meeting of the Committee of the Whole. Mayor Laurent re-convened the meeting at 9 : 54 P.M. Sweeney/Vierling moved, at the recommendation of the Committee of the Whole, to set December 7th and December 9th as public hearing dates for the 1993 budget. Motion carried unanimously. Beard/Sweeney moved to authorize the appropriate City officials to advertise bids for the council chambers audio/video system. Motion carried unanimously. Staff was directed to check the buildings at the stagecoach site for safety as some buildings appear to be falling down. Staff was also asked the status of the parking signs to be placed around the senior high school. The Council took a 15 minute break at 10: 00 P.M. while the Finance Director completed the resolution setting the maximum 1992 tax levy to reflect the Council ' s discussion on the 1993 budget during the Committee of the Whole. Sweeney/Vierling offered Resolution No. 3661, A Resolution Setting Proposed Maximum 1992 Tax Levy, Collectible in 1993 , and moved its adoption. Motion carried unanimously. Mayor Laurent adjourned the meeting to Tuesday, September 15, 1992 at 8: 00 P.M. he meeting adjourned at 10: 18 P.M. ��� �• Secretary ith S. Cox, Recording Se y OFFICIAL PROCEEDINGS OF THE CITY COUNCIL Adj . Regular Session Shakopee, Minnesota September 15, 1992 Mayor Laurent called the meeting to order at 8: 00 p.m. , with Cncl. Lynch, Vierling, and Sweeney present; Cncl. Beard arrived at 8 : 10 p.m. Staff present: Dennis Kraft, City Administrator; Barry Stock, Ass't City Administrator; Dave Hutton, Public Works Director; and Lindberg Ekola, City Planner. Vierling/Sweeney moved to approve the agenda with the addition of: 13a) Noise ordinance exemption for Rahr Malting noted under "Other Business. " Motion carried unanimously. Liaison reports were given by the Councilmembers. Cncl. Beard arrived, and took his seat at the Council table. Cncl. Beard gave his liaison report. Mayor Laurent gave the Mayor's report. Mayor Laurent recognized anyone in the audience wishing to speak on any item not on the agenda. Leroy Menke, 1185 Shumway, questioned if the Council would be taking action or hearing testimony on the request for the vacation of a portion of Minnesota Street. He stated that this item was on the agenda, but had heard that staff would be recommending its continuation. The Council stated the public hearing would be opened and Mr. Menke may want to be present to see if the Council moves to continue the public hearing. Mayor Laurent asked for additional comments from the audience on any item not on the agenda. There was no response. Beard/Vierling moved to approve the consent business with the inclusion of: 13a) noise ordinance exemption for Rahr Malting added to consent approval. Motion carried unanimously. Sweeney/Beard moved to direct staff to take the appropriate action to amend the existing ordinance to allow bow hunting on the Northern States Power Company Blue Lake Generating Plant property during the archery deer hunting season. Motion carried unanimously. Discussion was held on the communications received from Steph Walker, 1910 East 11th Avenue, regarding her request for the City to examine the sewer problems on their property. Steph Walker was present to discuss this item with the Council. She stated they built in 1979 , and have experienced numerous sewer problems that seem to be in a pattern of every two or three year s , Official Proceedings of the September 15, 1992 Shakopee City Council Page -2- occurrence. She added that they have been informed by their contractor that the problem was not with their property and to call the City since the problem exists in the City line. Mrs. Walker stated she believes that the repairs made by the City in 1986 did not go far enough into the sewer line to solve the problem. She requested that the City dig up this portion of the sewer line again to determine where the problem is originating and who should be responsible for the sewer repair costs. Mrs. Walker requested that the pitch of the sewer line be verified, and further requested that the City start digging in the street to see where the problem is located; but added that she does not expect to pay for any of the costs incurred. Mrs. Walker stated that their driveway is "drooping" and believes this is due to the sewer problem. Discussion was held on the City ' s policy relative to personal property damage and responsibility. Consensus was that the City Council should not deviate from this policy and the Walker's should locate the sewer problem, document their findings, and submit this to the City' s insurance provider. Mrs. Walker stated she will be back in two years when the sewer line backs-up again and at that time she will request the City send their own crew out to view the problem so it can be determined who should be paying for the costs. Mayor Laurent opened the public hearing to consider the vacation of a portion of Minnesota Street north of the alley located north of 7th Avenue. Lynch/Vierling moved to continue the public hearing regarding vacating a portion of Minnesota Street north of the alley located north of 7th Avenue to the October 20, 1992 , meeting of the City Council. Motion carried unanimously. Mayor Laurent stated that the Maple Trails Estates is a development by Laurent Builders. He passed the gavel to Vice Mayor Vierling, and stepped away from the Council table. The City Planner stated that the Shakopee Public Utilities Commission has identified the need for a water storage facility and electrical substation to be located on Lots 1 and 2 , Block 1, but he added this does not change the recommendation of staff for final plat approval . Discussion was held on the stormwater runoff calculations around the perimeters of the lots and if these problems had been resolved. The City Engineer responded. Official Proceedings of the September 15, 1992 Shakopee City Council Page -3- Vice Mayor Vierling asked for comments from the audience. There were none. Sweeney/Lynch offered Resolution No. 3650, A Resolution Approving the Final Plat of Maple Trails Estates 1st Addition, and moved for its adoption. Motion carried unanimously. Mayor Laurent took his seat at the Council table, and Vice Mayor Vierling passed the gavel back to Mayor Laurent. The City Planner stated that the Shakopee Planning Commission had recommended denial of the rezoning of 16.9 acres, located at 1570 East Highway 101, from Light Industrial (I-1) to Heavy Industrial (I-2) , as has been requested by Universal Forest Products. The City Planner stated that the City has received a petition in opposition of this rezoning from 84 residents living adjacent to this area and members of the Shakopee Village Homeowner's Association. Ray Scheibel, Universal Forest Products, stated his company does not want to do something that does not fit in with the City' s plans. He stated that they do not believe their operation is of an I-2 nature, as is reflected in the Shakopee City Code. Mr. Scheibel stated they have been in the business for a long time, know what they are doing, and believe that the expansion to their existing facility would work on this piece of property. Mr. Scheibel stated that if they can't get a rezoning in order to expand their business, they would like help from the City to research ways so they can remain in Shakopee and expand their operations. Discussion was held on any conditional use permit process available for this usage. Discussion was also held on whether or not this operation is being clearly defined in the code for heavy industrial use. Beard/Sweeney moved to direct staff to prepare the appropriate ordinance to rezone the 16. 9 acres located at 1570 East Highway 101 from Light Industrial (I-1) to Heavy Industrial (I-2) . Motion denied unanimously. Sweeney/Lynch moved to remove the hiring of an architect for the ice facility from the table. Motion carried unanimously. The Ass 't City Admn. stated that staff is trying to obtain operating costs on a facility of this nature from other communities. Official Proceedings of the September 15, 1992 Shakopee City Council Page -4- The Ass 't City Admn. stated staff is recommending the tabling of any decision until after hearing a presentation on the results from the Shakopee community survey. The City Council requested a breakdown of the operational expenses to see how these costs compare with the ice arena operational proposal submitted. It was the consensus of the Council to hold a Committee of the Whole meeting September 29 for the purpose of hearing the results of the survey. The City Council recessed at 9 : 35 p.m. The City Council reconvened at 9 : 50 p.m. Mr. Perris, Bossardt Corporation, submitted a bid analysis package to the City Council for review and discussion. Wayne Bradley, Construction Project Manager, was present to discuss the bid contracts with the Council. Lynch/Vierling moved to award the bids to the appropriate contractors, as recommended by Bossardt Corporation, for the renovation of the new City Hall. Motion carried unanimously. (For specific bids, see 9/15/92 memo from Bossardt Corporation, CC DOC#194 . ) Lynch/Vierling moved to accept Alternate No. 2 , for the Power Assisted Entry Doors (2 each) for the new City Hall. Motion carried unanimously. Beard/Sweeney moved to accept Alternate No. 3 , for replacement of the main unit air conditioning system in the new City Hall. Motion carried unanimously. Lynch/Vierling moved to accept Alternate No. 4 , to relocate the column in the Council Chambers of the new City Hall. Motion carried with Cncl. Sweeney voting in opposition. Vierling/Beard moved to accept Alternate No. 5, to revarnish the first floor window frames in the new City Hall. Motion carried unanimously. Vierling/Beard moved to accept Alternate No. 6, to provide an Edwards Manufacturing Fire Alarm System in lieu of Simplex Specified. Motion carried unanimously. Sweeney/Vierling moved to reject the combination bids submitted by Met Con & KM Building Company on the grounds that they are over budget. Motion carried unanimously. Official Proceedings of the September 15, 1992 Shakopee City Council Page -5- Vierling/Sweeney moved to authorize the City Administrator to award bids under $25, 000 regarding the City Hall Renovation Project, as long as the bids are within the total project budget. Motion carried unanimously. Discussion was held on the proposed interior furnishings for the new City Hall. Intra Design submitted a budget proposal to the City Council for each furnishing proposed. Specific discussion was held on the need for a sofa at a cost of $2297, and a lounge chair at a cost of $1405. Consensus was that these two items should be deleted. Sweeney/Vierling moved to authorize Intra Design to bid the furnishings for City Hall on behalf of the City of Shakopee. Motion carried unanimously. Discussion was held on the updated application packets for land division and land use administration. Lynch/Vierling moved the City adopt a policy requiring complete submittal packages before formal application for any land use project. Motion carried unanimously. Beard/Vierling moved to authorize the appropriate City officials to execute the Joint Prosecution Lease Agreement for space in the new City Hall facility. (Motion carried unanimously under consent business. ) Beard/Vierling offered Resolution No. 3663 , A Resolution Supporting The Interim Third Lane Project For I-35W, and moved for its adoption. Motion carried with Cncl. Lynch voting in opposition. Beard/Vierling moved to approve the bills in the amount of $618, 769 . 86. (Motion carried unanimously under consent business. ) Beard/Vierling offered Resolution No. 3665, A Resolution Amending Resolution No. 3627 , A Resolution Approving The Closure Of The Eastern 132 Feet Of The Alley In Block 7 , East Shakopee Plat, Deleting Condition No. 7 , Which Required All Overhead Electric Lines Be Placed Underground, and moved for its adoption. (Motion carried unanimously under consent business. ) Beard/Vierling moved to authorize the City staff to issue a street cut permit to Monnens Custom Builders for the development at 443 South Market Street for the purposes of installing sewer and water services. (Motion carried unanimously under consent business. ) Official Proceedings of the September 15, 1992 Shakopee City Council Page -6- Beard/Sweeney moved to approve the proposed City Wide Trail Plan. Motion carried unanimously. (CC DOC #195) Lynch/Vierling moved to adopt the Citywide Sidewalk plan. Motion carried with Cncl. Sweeney voting in opposition. (CC DOC #195) Beard/Vierling moved to authorize the appropriate City officials to enter into an agreement with Envirobate Services, Inc. , for asbestos removal at the new City Hall facility. (Motion carried unanimously under consent business. ) Beard/Vierling moved to authorize the appropriate City officials to retain the services of Moss & Barnett to complete an analysis of Amzak Cable, Midwest, Inc' s. proposal as well as any necessary Ordinance Amendments and/or legal documents that may be necessary. (Motion carried unanimously under consent business. ) Beard/Vierling offered Resolution No. 3662 , A Resolution Appointing John Tieben, Sr. , To The Park And Recreation Advisory Board, and moved for its adoption. (Motion carried unanimously under consent business. ) Beard/Vierling offered Resolution No. 3664 , A Resolution Accepting Work On The Municipal Swimming Pool Improvements, Project No. 1992- 5, and moved for its adoption. (Motion carried unanimously under consent business. ) Beard/Vierling offered Resolution No. 3666, A Resolution Setting The Public Hearing Date To Consider The Vacation Of The Drainage And Utility Easements Between Lots 2 And 3 , And Between Lots 3 And 4, Block 1, Canterbury Park 1st Addition, and moved for its adoption. (Motion carried unanimously under consent business. ) Beard/Vierling moved to suspend the operation of Section 10. 60, Subd. 3 , paragraph D, as it applies to the Rahr Malting, Malt House Number Five construction project for the period from September 21, 1992 , through October 30, 1992 , and direct that the City give public notice of the nature and limits of the suspension. (Motion carried unanimously under consent business. ) The City Council adjourned its meeting at 12 : 15 a.m. 6P- çt2c Ju ith S. Cox C' y Clerk Jane VanMaldeghem Recording Secretary I3a MEMO TO: Dennis Kraft, City Administrator \, FROM: Dave Hutton, Public Works Director '' _., SUBJECT: Rahr Malting Lift Station DATE: September 29, 1992 INTRODUCTION: Attached is the feasibility report on the Rahr Malting Lift Station and Forcemain Project for City Council consideration. BACKGROUND: Rahr Malting is in the process of expanding their plant capacity by constructing Malthouse No. 5. This additional malthouse will result in increased sewer flows from their current discharge of 1. 4 million gallons per day (MGD) to 1.7 MGD. Over the last year or so, Rahr Malting has attempted to receive permission to construct their own treatment facility, but have been unable to obtain the necessary State permits. Several months ago, Rahr Malting contacted City staff to indicate that they were not pursuing the treatment plant option anymore and that they would still be discharging their sewage into the River Trunk Sewer. Staff informed Rahr that the existing River Trunk Sewer was already over capacity and that it would not be able to accommodate the additional flow generated by the malthouse expansion. Therefore, staff informed Rahr that the building permit for Malthouse No. 5 could not be issued until this issue was resolved. On June 23 , 1992 the City Council discussed this issue, along with a number of alternatives. At the conclusion of the discussion, the City Council ordered a feasibility report prepared for constructing a lift station and forcemain to pump Rahr Malting to the VIP Trunk Sewer and directed the City' s Comprehensive Sewer Consultant, Short-Elliott-Hendrickson, Inc. , to prepare this report. The feasibility report has been completed and is attached for City Council ' s review. Staff and the consultant will give a brief presentation on the engineering feasibility of this project at the October 6th City Council meeting. The feasibility report estimates the total project costs to be $500, 000, as summarized below: Construction Costs $363 , 636. 00 Add 10% Contingency 36, 364 . 00 Total Construction Cost Estimate $400, 000. 00 Plus 25% Engr. , Admin. , Misc. 100, 000. 00 Total Estimated Project Costs $500,000. 00 Project Funding The main issue associated with this project is financing. The City Council previously directed staff to discuss the funding options with Rahr Malting to arrive at a mutually agreeable funding mechanism. In discussing this project with Rahr Malting representatives, several items have been identified for funding resolution. These items include the initial capital improvement costs ($500, 000) , the operating and maintenance costs for the lift station and the sewage billing rates. In regards to the capital improvement costs, three options have been identified by staff. 1. Rahr Malting pays 100% of the costs. 2 . The City of Shakopee pays 100% of the costs. 3 . The costs are split jointly by the City and Rahr Malting. At this time, staff recommends that Alternative No. 3 be explored based on the fact that this project benefits both Rahr Malting and the City of Shakopee. The most obvious benefit to Rahr Malting is the ability to expand their plant by constructing and operating Malthouse No. 5. It is important to note that without some type of sewer system improvements, the plant expansion cannot take place because the current sewer system is already over its capacity. Of the three options, i.e. constructing a private treatment plant, upgrading the River Trunk Sewer or constructing the lift station to divert all or a portion of Rahr' s flow, the latter option is the most feasible and currently the option favored by all parties involved. An additional benefit to Rahr Malting will be a viable source of sewage discharge for future expansions without the restrictions of the River Trunk Sewer. The benefits to the City would be eliminating 1. 4 MGD of flow from the River Trunk Sewer, thereby eliminating the need to replace this trunk sewer in the immediate near future. Due to capacity problems and inflow/infiltration (I/I) this trunk sewer will need to be replaced at an estimated cost of 1.2 million dollars. By eliminating Rahr' s flow from this trunk, the capacity of the pipe may no longer be a problem and the I/I may be able to be eliminated by either lining the pipe or chemically sealing the joints at a much lower cost ($300, 000 - $400, 000) . A secondary benefit to the City in diverting Rahr' s flow would be to increase the flow into the VIP Trunk Sewer, which would provide the proper cleansing velocities and reduce preventative maintenance costs. Staff feels that Rahr should contribute to this project because of their proposed increased flows, which cannot be accommodated by the existing sewer system. Both the lift station project and upgrading the River Trunk Sewer (alternative to the lift station) are driven by the Rahr expansion. An analogy to this would be if a new user were to desire to discharge into a sewer system with inadequate capacity, any needed improvements would normally be assessed to that user. Staff feels that the City should contribute because if there was no Rahr expansion, the River Trunk would be replaced at no cost to the current users at current flows as are any other sanitary sewers that are replaced on City projects. If the trunk sewer were needed to be enlarged to accommodate any increased flow, the increased pipe size would be assessed back to Rahr Malting. The lift station will also result in a substantial savings to the City by not having to replace the River Trunk Sewer in the near future If a cost split between the City and Rahr is acceptable, there are a number of options available. 1. Arrive a mutually acceptable split, based on a percentage such as 50/50, 80/20, etc. 2 . Determine that Rahr Malting should pay for that percentage of the project equitable to their increased flow going from 1.4 MGD to 1.7 MGD. Based on the ratio of this increase to the total project costs, Rahr' s share would be around 20% or $100, 000. 00. 3 . Determine that Rahr Malting should pay for the lift station portion of the project and the City would pay for the forcemain portion of the project. The rationale for this split is based on the fact that Rahr has expressed a desire to own and operate this lift station and the lift station will be constructed on private property. This lift station only serves a single user and therefore it would be appropriate to be privately owned. In addition Rahr Malting would have more control over the inspection, maintenance, and daily operation of the lift station, which is critical to their operations. The cost of this option to Rahr Malting would be approximately $200, 000 ($143 , 000 construction costs, $57, 000 contingency, engineering, etc. ) . If the lift station is to be a public facility, the appropriate easements would need to be granted to construct the lift station. In regards to the City portion of the project, the Finance Director has indicated that the two main funding options would be the Sanitary Sewer Enterprise Fund or the T.I.F. Surplus Fund. Because this is mainly a sanitary sewer project, staff recommends utilizing the Sanitary Sewer Fund because this would be the fund utilized if the River Trunk Sewer were ever replaced. G.O. Bonds could not be utilized unless at least 20% of this project is assessed (or a referendum held if less than 20%) . The other two financing issues that need to be resolved besides the capital costs, are the operating and maintenance costs of the lift station and the monthly sewer rates. Rahr Malting has proposed that they will operate and maintain the lift station in exchange for wholesale sewage rates. Based on the electricity rates and sizes of pumps, the annual O. and M. costs will probably be in the $5, 000 - $10, 000 range depending on how much flow is pumped and how long the pumps are running each day. The wholesale sewer rates are about five cents less than the billed rate, which equates to an estimated savings to Rahr of about $30, 000 annually (loss of income to City) . The Finance Director has some concerns over utilizing wholesale sewer billing rates for one user and retail rates for all the others. If the lift station is owned by the City, some type of lease arrangement or agreement would need to be arrived at, as opposed to Rahr Malting owning it. Staff is seeking direction on the financing plan for this project and also whether or not to proceed with preparing the plans and specifications for this construction. The building permit for Malthouse No. 5 was just recently issued, so a timely resolution of this issue is essential . Since there are no proposed assessments on this project, a public hearing is not required. Attached is Resolution No. 3674 , which orders plans and specifications prepared for this project. This project could be constructed in 1993 in conjunction with the V.I.P. Trunk Expansion, which has already been ordered. ALTERNATIVES: 1. Direct staff to prepare a formal agreement with Rahr Malting covering the cost split for the project costs. In addition, adopt Resolution No. 3674 ordering plans and specifications prepared for this project (agreement with Rahr to be signed prior to going out for bids) . 2 . Direct staff to pay for this project 100% utilizing the City' s Sanitary Sewer Fund and adopt Resolution No. 3674 . 3 . Decide that Rahr Malting should pay for this project 100%. 4 . Determine that this project should not proceed and reject Resolution No. 3674 . RECOMMENDATION: Staff recommends Alternative No. 1, to develop an agreement with Rahr Malting covering all costs for this project (capital costs, O. and M. costs, sewer rates) . Alternative No. 4 is not a viable option because the plan expansion cannot be completed unless the increased sewage flow is accommodated by improvements to the sewer system. In addition, Rahr has still not withdrew their permit application for a private treatment plant. Staff feels that there should be some protection built into this agreement such that if Rahr Malting pulls out of the City sewer system within "x" number of years, they will reimburse the City for all costs associated with the lift station and forcemain. ACTION REQUESTED: 1. Move to direct staff to prepare the necessary agreements with Rahr Malting regarding the funding for this project. (Provide staff with direction on the preferred funding option) 2 . Offer Resolution No. 3674, A Resolution Receiving a Report and Ordering an Improvement and Preparation of Plans and Specifications for Rahr Malting Lift Station and Forcemain, Project No. 1992-10 and move its adoption. DEH/pmp MEMO3674 RESOLUTION NO. 3674 A Resolution Receiving A Report Ordering An Improvement And Preparation Of Plans And specifications For The Rahr Malting Lift Station And Forcemain Project No. 1993-1 WHEREAS, the City Council ordered a feasibility report prepared for the Rahr Malting lift station and forcemain on June 23 , 1992 ; and WHEREAS, the report has been prepared by Dan Boxrud of Short- Elliott-Hendrickson, Inc. , with reference to the improvement of the Rahr Malting lift station and forcemain and this report was received by the Council on October 6, 1992 . WHEREAS, the City Council has considered the said improvements in accordance with the report at an estimated total cost of the improvements of $500, 000. 00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such improvements are hereby ordered as proposed in the report dated August 12 , 1992 . 2 . David E. Hutton, City Engineer is hereby designated as the engineer for this improvement. He shall prepare plans and speci- fications for the making of such improvements. 3 . The work of this project is hereby designated as part of the 1993-1 Public Improvement Program. NOW, THEREFORE, FURTHER BE IT RESOLVED BY THE CITY COUNCIL OF SHAKOPEE, MINNESOTA: that the installation of these improvements are contingent on a formal agreement being executed between Rahr Malting and the City of Shakopee regarding the financing of these improvements. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney SEN Feasibility Report ENGINEERS/ARCHITECTS III PLANNERS for Shakopee, Minnesota Lift Station & Forcemain to serve Rahr Malting SEH File No. 93031 August 12, 1992 SHORT ELLIOTT ORIGINAL REPORT IN PROJECT FILE . HENDRICKSONINC. / )3b MEMO TO: Dennis Kraft, City Administrator liFROM: Dave Hutton, Public Works Director SUBJECT: Dean' s Lake Road DATE: September 24 , 1992 CORRESPONDENCE FOR OCTOBER 6, 1992 COUNCIL MEETING Staff has received the attached information from the property owners on Dean' s Lake Drive along with a verbal request for City Council consideration on October 6, 1992 . Dean' s Lake Drive is a private road, maintained by the property owner' s association. A portion of the road is paved and the property owners have obtained a quotation to repair the pavement for a total price of $4 , 925. 00. Nine of the ten property owners have agreed to pay their share of this cost, but one property owner has not signed. The homeowners have verbally asked staff to take this issue to the City Council requesting that the City pay for the last homeowner' s share of this cost. Representatives from the homeowner' s association will be available at the October 6, 1992 City Council meeting to discuss their request. DEH/pmp HOMEOWNER r `• THE FOLLOWING PROPELTY OWNERS APPROVE OF THE BID SUBMITTED BY ICD LANDSCAPI2:G,TO REPAIR THE BLACKTOP ON DEAN'S LANE DRIVE AS SPECIFIED IN THE BID FOR THE SUM OF $4925.00, BREAKING IT DOWN AS FOLLOWS. ( 1) 313 OUT & REMOVE PATCHES & REPLACE WITH THREE INCHES OF NEW BLACKTOP. $150.'.30 (2) DIS .1 REMOVE PATCHES AND P _ Fcrn INCHES OF CLASSIFIED GRAVEL FOR ' BASE OF NEW BLACKTOP. $425.33 .R'ED THAT HAS MARGINAL CHECK- INGINSTALL OVERLAY BLACKTOP ON ALL AREAS ri.�.�.� & 1-:INOP. DETERIATION , APPROX. 1,937 sq. ft. :1,403O.00 (4) COME & SEAL COAT WITH HOT `.GAD OIL AND INSTALL BUCI:SHOT GRAVEL OVER TE SEAL COAT ON T:TE ENTIRE DRIVE F O'.` COUNTY RD. 16 EAGLE 3LVD. TO THE 3OT ' v: TILE :ILL ., ._. I T:.. 3LAC ' OFENDS. THEN CONE BSC . "_rte._L` `I. -.7'ND SWEEP 13- :=J MMS JJ 7. . ,.r .w-... .1.2::) 0:': GRAVEL -1. :',T.: ..17:7-1-772 . V.._. _..: 1) 2.. T. 13,-.1.07:3?. $1,500.33 3 7oGirgel.ES, --, (2) DAVID CZAJA •.J ti - - . �---m - ST 77y - . S3 ,, (3) :LES GRIFFIN .L7 '., ' - 4 , �aG 3 7 y 640' g� ‘44 �n a S`37f ('�) ;?kms; .:;�3Ti , l �i 33i go-14 G' / 5) : ALTs R HEINZEN `'I i-/ ' Y��s��—, / - -, •-1112-vt 37. 6 '�l /�/ i 1 3 . k�` g7 Cz. /SGL (6) RANDY U 3ES �;;'�GC. t -���. r' /tiiyi .ss�7y (7) SAL /a-e-4 "71,01"-c---)„ R`fir a�q i i E' �!o if8( :) Jz:ES PIETRZAK ) . > -� • sr37t 7 ( 13) J_:,3:?:: z a: .- . /i-1.,7_ J-J"3 77 Form No.1026PC—Contractor s Proposal&Contract waver S Booth Co KD LANDSCAPING&SNOW REMOVAL 18856 HALIFAX LANE JORDAN, MN 55352 PROPOSAL AND CONTRACT Buyer(s) To: Q L r t VA 5��' 19 c� nhc. 1�r\H.4� s YYL�. Date L�� Proposed The undersigned contractor proposes to furnish all materials and perform all labor necessary to complete the fol- Work lowing: FN,c !.'Y) t -P1Iz 1/AIlr*si- .40r I iA. e0 60 �'c3 in 1 f k 1C 1 n(hp �:'LO C3 E'l4,1414: /AMA r (/7/-,(0}l of//i of( y.n71 1/;//. /^ �on 43-94 1\1I‘C t ,( t^tr1 YPvY1r�v-1 OP, ehon ,3 uie�'1rQ h/ A.74-)1.9 02 6,3 p u 4 O plc/ 12 0 A 14 13 0104Aler t riF1# izaa � y / ciL/ d21/,/5i'o J ay G" .4 • Price All of the above work to be completed in-.a substantial and workmanlike manner according to standard practices for the sum of_ Dollars ($ ) Payments Payments to be made as the work progresses to the value of per cent ( %) of all work completed. The entire amount of contract to be paid within_ days after completion. Changes, Any change from the above specifications involving extra cost of material or labor will only be executed upon Extra written orders for them. There will be extra charges for changes. KD LANDSCAPING&SNOW REMOVALCharges All agreements about changes must be made in writing. 18856 HALIFAX LANE----- JORDAN, MN 55352 Contractor By( 7.-eiet CEO-fro-P.1/4-- TO THE CONTRACTOR: Acceptance You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which I (We) agree to pay the amount mentioned in the proposal according to its terms. ACCEPTED BY BUYER(s)ort_ 19 Buyer Buyer MEMO TO: Honorable Mayor and City Council FROM: Thomas L. Steininger, Chief of Police RE: Completion of Probationary Period DATE: September 24 , 1992 INTRODUCTION: Employee Craig A. Robson was hired October 14 , 1991, as a police patrol officer. BACKGROUND: A one year probationary period is required for newly employed police officers. Officer Robson has successfully completed the one year probationary period. RECOMMENDATION: Appoint Craig A. Robson to the full-time permanent position of police patrol officer. COUNCIL ACTION REQUESTED: Appoint Officer Craig A. Robson to the full-time permanent position of police patrol officer. Thomas L1 Steininge , Chief of Police 4-131j MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Valley Ice Arena DATE: October 2, 1992 INTRODUCTION: This past August Council tabled action on selecting an architect for the Ice Arena Project. Since that time, the City has received the preliminary results of the Shakopee Community Survey. Additionally, the Mdewakanton Sioux recreation center proposal appears to be a reality at this time. Staff would like City Council to provide direction regarding the course of action to pursue in dealing with the Valley Ice Arena issue. BACKGROUND: At our last meeting Council requested staff to obtain additional information from ice facilities that are operated by non-profit organizations. I have been in contact with the following communities that have arenas of this type including: Valley Ice Arena, Shakopee - Attachment #1 Fogerty Arena, Blaine - Attachment #2 Anoka Ice Arena - Information not received to date Delano Ice Arena - Information not received to date Inver Grove Heights Ice Arena - Information not received to date I have also included in this report the financial information from other communities that I contacted. (Attachments 3-8) The majority of the municipally owned facilities do not operate at a profit. For the most part, the communities surveyed either transfer funds from the general fund or some other enterprise fund to offset the losses incurred in their arena and/or recreation facilities. A financial summary of the communities surveyed is shown in Attachment #9 . One alternative for City Council to consider at this time would be to direct staff to solicit additional proposals from architects to complete design and bid specifications for the concept proposed by the Shakopee/Prior Lake Hockey Association. If Council wishes to proceed with this approach, staff would like Council to determine what type of architectural assistance they feel is necessary to complete this project. Based on my earlier analysis of this topic, the cost for architectural services varied greatly depending on whether or not Council feels it is important to have an architect hired that has architect insurance. The earlier architect costs submitted by staff varied between $13 , 000. 00 and $19 , 000. 00 for phase I design. In terms of the structure proposed by the Shakopee/Prior Lake Hockey Association I do not believe that it is necessary for the City to obtain the services of an architect who has the aforementioned architecture insurance. The facility being proposed is primarily constructed of pre-manufactured and pre-engineered systems. The manufacturers carry insurance for pre-engineered systems. The City Attorney's input on this topic should be considered prior to making a decision. With the advent of the Mdewakanton Sioux recreation center proposal, a new twist has been added to the need for an ice arena in Shakopee. Had we been aware of the Mdewakanton proposal prior to embarking on our Municipal Facility Survey, it might have been possible for us to include several different questions on the community survey to address residents feelings regarding facilities in Shakopee assuming the construction of the Mdewakanton recreational center. The recent Municipal Facilities Survey did seem to indicate some support for an ice arena in Shakopee. Additionally, the survey indicated that the bubble facility was less than adequate in terms of its condition. However, at this time it is not clear as to the level of support for a Shakopee ice arena knowing that the Mdewakanton facility might be constructed. In regard to the Mdewakanton recreation center, clear specifics are still not available. It is not totally clear whether or not the ice sheet proposed within the Mdewakanton recreational center will be constructed immediately or in a later phase of construction. Additionally, it is still not totally clear where the Mdewakanton recreational center will be located. Bottom line, many questions still remain regarding access to the Mdewakanton recreation center, fees, and priority usage issues. I believe that the cost estimate originally submitted by the Shakopee/Prior Lake Hockey Association to construct a basic shell (no concrete floor) around the existing facility is within ± 10% of projected costs. ($500, 000) The estimated asset value of the equipment in place at the facility today is over $200, 000. 00. Staff has also received estimates for other construction alternatives including the following: 1. Purchasing a new bubble - under $200, 000. 00 2 . Constructing a metal building (Lester's type) with wood siding (cost estimates are comparable to the Fabcon structure being proposed due to the excessive amount of insulation and fireproofing that is necessary to meet building codes. When long term maintenance and utility costs are considered, the Fabcon structure becomes more economical. ) Questions remain regarding the operational viability of the existing equipment in the Valley Ice Arena facility should a shell be constructed. Valley Ice Arena Inc. officials have stated that should the City of Shakopee agree to contribute funds to construct the shell around the facility that they would be able to sustain the operation of the facility and in fact continually invest dollars to improve the facility. One consistent finding discovered in reviewing financial data submitted to date appeared in the area of Administration (Personal Services) . The Valley Ice Arena facility administration and personnel costs were much lower compared to other cities due to the tremendous amount of volunteer time donated by Shakopee and Prior Lake residents. The primary funding source for this project, should City Council wish to pursue it further would be the capital improvement fund. In a previous memorandum, I noted that it would be legal and permissible for the City of Shakopee to enter into an agreement with Valley Ice Arena Inc. to operate the facility. I have attempted to list the pro' s and con' s of proceeding with constructing a shell around the existing facility. (Attachment #10) I am sure that there may be other pro' s and con's to be added to the list. Staff would like to request direction from City Council in regard to the Shakopee Ice Arena issue. I have attempted to draft several alternatives which will hopefully facilitate Council direction. ALTERNATIVES: 1. Direct staff to obtain additional proposals from architects to design and develop plans and specifications for a Fabcon shell around the Valley Ice Arena facility. 2 . Request Decision Resources to conduct a brief follow up survey to the most recent Municipal Facilities Survey in an attempt to determine whether Shakopee residents would support a Shakopee ice facility in light of the fact the Mdewakanton recreation facility might be constructed. 3 . Authorize the appropriate City officials to enter into an agreement with Steve Cross (Architect) to develop design plans and specifications for the Valley Ice Arena Project at a cost not to exceed $12 , 600. 00. 4 . Take no action. This action would basically terminate future discussion of this topic. 5. Table action requesting additional information from staff until additional information is received regarding the Mdewakanton recreational center. STAFF RECOMMENDATION: Staff recommends Alternative #1 or Alternative #5 . ACTION REOUESTED: Direct the appropriate City officials to obtain several other proposals from architects to complete design plans and specifications for a shell around the existing Valley Ice Arena facility or, table this item and direct staff to take no further action at this time, and await the receipt of additional information on the Mdewakanton recreational center. TAMI\ADMIN\ICEARENA BAS/tiv 4+4h.ieu4- 4( VALLEY ICE ARENA, SHAKOPEE, MINNESOTA FINANCIAL PROFILE OPERATIONS HISTORY 1991 (FI) 1992 (FY) ACTUAL ACTUAL Operating Revenues: Total 90,462 84 , 247 Operating Expenses: Personal Services 13 , 259 9, 490 Other 73 , 312 68 , 029 Total 86, 571 77, 519 Net Income 3 , 891 6, 728 NOTE: Ice rental rate: $ /hour a #L FOGERTY ARENA, BLAINE, MINNESOTA FINANCIAL PROFILE OPERATIONS HISTORY 1992 FY 1993 FY Actual Budget Operating Revenues: Ice Rental 140, 285 143, 062 Games & Other 173 , 367 169, 450 Total 313 , 652 312, 512 Operating Expenses: Personal Services 101, 518 104 , 025 Other 247, 094 (A) 206, 100 Total 348, 612 310, 125 Net Income 134,960) 2 , 387 NOTE: Ice Rental Rate: $85. 00/hour Blaine Youth Hockey: $73 . 50/hour None Prime Time: $70. 00/hour Turf: $55. 00/hour A. Includes $54, 420 of Unbudgeted Capital Improvements. 444- k3 CITY OF EDEN PRAIRIE, MINNESOTA FINANCIAL PROFILE OPERATIONS HISTORY 1990 1991 1992 Actual Actual Budget Operating Revenues: Ice 208, 063 . 33 176, 055.91 203 , 300. 00 Pool 134 , 640.94 137 , 051. 25 139 , 600. 00 Recreation Total 451,761. 11 407, 351. 03 492 , 000. 00 Operating Expenses: Administrative Ice Pool Recreation Total 549 , 392 . 97 560, 516. 10 592 , 500. 00 Operating Income Capital Outlay Depreciation Other Income (expenses) Net Income (97, 631. 86) (153 , 165. 07) (100, 500. 00) NOTE: Ice rental rate: $95. 00/hour * Second rink is currenity under consideration Y CITY OF CHASKA, MINNESOTA FINANCIAL PROFILE OPERATIONS HISTORY 1990 1991 1992 Actual Actual Budget Operating Revenues: Ice Rental Other Total Ice 33 , 547 112 , 516 110, 000 Recreation Total Other 5, 821 436, 658 418, 500 Memberships 88 , 130 346, 591 330, 000 Total 127, 498 895, 765 858, 500 Operating Expenses: Ice Swimming Recreation Contingency Total 98 , 923 834 , 023 892 , 230 Operating Income 28, 575 61, 742 (33 , 730) Depreciation ? ? '• Other Income (Expenses) : Elect Utility Rev. -0- 100, 000 100, 000 Comm. Ed. Lease -0- -0- -0- School Dist. Cont. -0- 15, 000 15, 000 Net Income 28, 575 176, 742 81, 270 NOTE: Ice rental rate: $85. 00/hour Membership Fees: Resident Family $175/year Non-Resident Single $90/year Non-Resident Family $220/year CITY OF WHITE BEAR LAKE, MINNESOTA FINANCIAL PROFILE OPERATIONS HISTORY 1990 1991 1992 Actual Actual Budget Operating Revenues: Ice Rental 175, 984 188,440 -- Games & Other 25,905 56,265 -- Total Ice Recreation Total 247 , 620 Total 201,889 244 ,705 247 , 620 Operating Expenses: Personal Services 130, 876 149 , 021 158,960 Other 107, 396 87 , 788 96, 269 Total 238, 272 236, 809 255, 229 Operating Income (36, 383) 7 , 896 (7,609) Depreciation 72 , 675 74 , 784 75, 000 Other Income (Expenses) : Property Taxes (+LGA) 145,854 142, 860 145, 292 Transfer from Gen Fund 82 ,486 86, 571 34, 649 Debt Service (104 , 076) (101, 659) (99, 139) Other Income Items 31,813 22 , 725 15,693 Total 156, 077 150, 497 98, 302 Net Income 47, 019 83 ,909 15,693 NOTE: Ice rental rate: $90. 00/hour (without tax) AMe6 CITY OF MINNETONKA, MINNESOTA FINANCIAL PROFILE OPERATIONS HISTORY 1989 1990 1991 1992 Actual Actual Actual Budget Operating Revenues: Ice Rental 448, 512 486, 293 505,410 528, 000 Games & Other 90, 565 75, 096 63 ,939 47, 000 Total Ice Recreation Total Total 539, 077 561, 389 569 , 349 575, 000 Operating Expenses: Personal Services 199, 240 228, 211 251, 528 259, 100 Other 207 , 617 201, 176 250, 338 230, 100 Total 406, 857 429, 387 501, 866 489,200 Operating Income 132, 220 132, 002 67,483 85, 800 Depreciation 43,783 45, 590 53, 943 56, 000 Other Income (Expenses) : Capital Outlay 22, 550 -- 46, 048 32 , 000 Transfers -- 15, 000 55, 000 55, 000 Total 66, 333 60, 590 154, 991 143 , 000 Net Income 65,887 71,412 (87, 508) (57,200) NOTE: Ice rental rate: $90. 00/hour A4„,Lf 7 CITY OF BUFFALO, MINNESOTA FINANCIAL PROFILE OPERATIONS HISTORY 1989 1990 1991 1992 Actual Actual Actual Budget Operating Revenues: Ice Rental 80, 003 87,761 90, 500 90, 000 Other 35, 413 28 , 323 31, 260 31, 000 Total 115, 416 116, 084 121,760 121, 000 Operating Expenses: Ice Contingency Total 140,701 143 ,740 135, 583 138, 586 Operating Income (25, 285) (27 , 656) (13 , 823) (17, 586) Depreciation ? ? ? '- Other Income (Expenses) : -- -- -- -- Net Income (25, 285) (27, 656) (13 , 823) (17, 586) NOTE: Ice rental rate: $90. 00/hour i440.c4-a 4 'g CITY OF FARMINGTON, MINNESOTA FINANCIAL PROFILE OPERATIONS HISTORY 1988 1989 1990 1991 Actual Actual Actual Actual Operating Revenues: Ice Rental 117, 172 105, 870 106, 984 109, 350 Other 39, 345 43 ,717 37 ,917 42 , 871 Total 156, 517 149, 587 144, 901 152 , 221 Operating Expenses: Ice 121, 653 144, 595 162,252 163 , 288 Contingency -- -- -- -- Total Oper. Expenses 121, 653 144 , 595 162 , 252 163 , 288 Total Oper. Income 34 , 864 4 , 992 (17 , 351) (11, 067) Before Depreciation Depreciation (17 , 109) (17 ,713) (19 , 329) (22 , 865) Operating Income 17, 755 (12,721) (36, 680) (33 , 932) Non-Operating Income: Interest -- 421 -- -- NET INCOME (Loss) 17, 755 (12 , 300) (36, 680) (33 , 932) Transfers in Gen Fund 1, 881 -- -- -- Add Depreciation charged to Contributed Equity 13 , 566 13 , 566 13 , 566 13 , 565 Income Closed to Retained Earnings 31, 321 3 , 147 (23 , 114) (20, 367) Retained Earnings 1/1 42 , 699 74 , 020 77 , 167 54 , 053 Retained Earnings 12/31 74 , 020 77, 167 54 , 053 33 , 686 o tri tr ro x t1 CD r� ro c o z z ri H (A C MH MM z cn cn a T5 Hm n z (D C) n o r- 3 arli rr r- 0 v �] 0° N 01 J .P 0 01 N °Valley Ice H -4iArena - Shakopee w w H w p N 0° w N Fogerty rn m ' i Blaine H M H cn K O N N Ti H H > H H H w N -Farmington H O N N H H 01 O N J 03 1-1 z 0° 0° m w 0 H ti Ln °Chaska �1 0 v H .P N N W 0 H H 1� W N.) H cn °Buffalo 0o (71 v H N 0° a' W W 0 U1 a' 0 01H H 1° Minnetonka A. 0° w H 0° rn W rn 0 N N G) .P H a White Bear Lake 03 03 �l H kO 0 0 rnko U1 Attachment #10 Valley Ice Arena Analysis of Proceeding with Outer Shell Pro's 1. Existing asset value of facility will be preserved and enhanced. 2 . City will have a Ice Facility at a cost much lower than if a new facility is constructed. 3 . The City will not have to be directly involved in the day-to -day operation of the facility under the proposed arrangement. Therefore, no annual allocation from the general fund for operating the facility will be necessary. 4 . The facility will be within close proximity to a majority of Shakopee residents. 5. Facility will meet a community need and could be designed to accomodate multi-season activities. 6. Shakopee residents will have priority usage. Con's 1. Impact on Capitol Improvement Fund may necessitate delaying some other project. 2 . Market demand for Ice Arena may be reduced if Mdewankaton build Ice Facility. 3 . Operating life of existing equipment is questionable. 4 . City' s ability to enforce any agreement for operating Ice facility with Valley Ice Arena, Inc. is questionable. Perhaps a Performance Bond of some type would help ensure against Valley Ice Arena, Inc. default. 5. 6. I -(22 MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR 41 SUBJECT: WEATHER FORECASTING SERVICE DATE: SEPTEMBER 29 , 1992 INTRODUCTION Staff is seeking authorization to utilize a weather forecasting service for the 1992-93 winter season. BACKGROUND Currently, the Public Works Department does not utilize a Weather Forecasting Service. Advance winter storm warnings are basically monitored by the local T.V. stations or cable weather channels. The Shakopee Police assist by notifying the Public Works Supervisors of any substantial snow accumulation during the middle of the night. Several years ago, the Public Works Department did utilize a weather forecaster, but that company was forecasting from Wausau, Wisconsin and staff was somewhat disappointed in the level of service and accuracy of the forecasts, so this service was discontinued. For the last 2 winters, no forecast service was utilized. Based on the results of the last 2 snow seasons, staff feels that some type of weather forecasting service should be utilized. This service will enable the department to maximize our winter operations by having complete, up-to-date information on the storm, before, during and after the storm. The decision on when to call out the crews can be made much more accurately and how the department reacts to a particular storm will be much more efficient. At the conclusion of the storm, a detailed storm summary can be provided so that the department can critique our performance during the storm and make adjustments where necessary. Staff has obtained a proposal from Total Weather, Inc. of Wayzata, MN to provide the above service to the City of Shakopee. The fee is $150 . 00 per month for as long as the City desires the service. Attached are copies of the proposal from Total Weather, Inc. , examples of their forecasts which are sent out twice a day by fax and the contract for the City Council consideration. ALTERNATIVES 1. Accept the proposal . 2 . Deny the request. RECOMMENDATION Staff recommends utilizing this service on a trial basis for the 1992-93 winter months. (November 1 - March 31) . At the conclusion of that period, staff can re-evaluate this service and make a recommendation for the following winter. Staff feels that prompt, accurate, up-to-date weather information can actually save money and labor costs due to enabling the department to maximize our reaction to the storm and increasing our efficiencies during the operations. The information received may also benefit other City departments or agencies, such as the Police, SPUC, etc. There is no money budgeted for this service, but the Public Works Department does have a Professional Services Budget that would be able to pay for this service. The total cost in the 1992 budget would be $300 . 00. ACTION REQUESTED Move to direct the appropriate City officials to execute a contract with Total Weather, Inc. of Wayzata, MN to provide weather forecasting services for $150/month for the period from November 1, 1992 - March 31, 1993 . office/weather ler0 -.zfn A Total Weather 407 East Lake Street Second Floor Wayzata, MN 55391 Total Weather, Inc. (612) 473-2009 Contract for CITY OF SHAKOPEE 1. Total Weather, Inc. agrees to provide detailed precipitation, wind and temperature forecasts, with this information sent by fax to the designated office sites as desired by the City of Shakopee. 2. Forecasts will be issued a minimum of twice daily, per site, seven days per week. Additional forecasts will be issued as desired by the City of Shakopee. 3. Updates, revisions and warnings will be faxed and telephoned to designated sites at no additional costs. 4. Total Weather will provide access to its meteorological staff via the Total Weather Hotline (1-800-345-8682), in town 473- 2009. The City of Shakopee may obtain weather information 24 hours a day, seven days a week. 5. Total Weather service shall be for use by the City of Shakopee. & The City of Shakopee personnel agrees not to re-transmit Total Weather copyright information to any third party, other than authorized personnel . 7. Monthly contract begins doh! /99Zand continues until 8. Service fee shall be at the rate of $150. 00 per month, to include all needed services. Payment is due on the first day of each thirty day billing period. 9. Total Weather, Inc., and it's employees shall not be held financially liable for monetary losses arising from an inaccurate weather forecast; meteorology remains an inexact science. r7�-.`( City o•Shakopee T©tal W:.. er.hr. TOTAL WEATHER,INC.PROPOSAL The Company Total Weather, Inc. was incorporated in 1987 and specializes in site specific forecasts for winter weather sensitive industries. Our winter and year round clients range from the private sector to city/state /government agencies. Total Weather operates 24-hours a day, seven days a week including holidays. Direct communication is available by calling us on a toll-free number or by sending us a message by facsimile. Total Weather specializes in telling you what the weather will be at your specific site. You will get a specific forecast for Minnetonka, Maple Grove, Anoka, Eagan or South St. Paul, not a general forecast, but a forecast that will tell you when the temperature will reach a critical level and when precipitation will start and stop. Our have established our forecast and warning criteria. We make every effort to have the forecast start and stop times of precipitation to be within 45 minutes of the actual start and stop times. We also provide warnings for winds(during and after the storm), severe snowstorms and temperature changes, that will affect the snow that has fallen,--or any other type of weather that is of concern to you. Over 90 customers use Total Weather to limit their winter weather related risks, and to allow them to do more work than they thought possible. Total Weather forecasts and warnings are a tool you can use to manage your operations:whether it means scheduling your crew accordingly or plowing Maple Grove before Minnetonka. Basic Service Total Weather specializes in specific, detailed weather forecast, advisory and warning services. It is possible to issue site specific forecasts that predict the temperature, humidity, wind, sky cover and precipitation for a specific hour of the day. Weather forecasts can be designed to serve a specific need. Total Weather issues its own forecasts, advisories and warnings, designed to give you advanced notice of changes in the weather that will affect your operations. Total Weather knows that when it comes to weather, different users have different needs. We will tailor make a forecast and forecast form to meet the criteria you need. We work for you!! The Product The Total Weather Basic Forecast package includes: --Forecasts issued at least twice daily at time decided by you. --Forecasts issued for sites selected by you. --Forecasts available by facsimile. --Forecasts are detailed out through 24 and 48 hours, with a more general forecast for days three, four and five. --24-hour availability of meteorologists for consultation, via toll-free 800 service. -- Storm Summary ( pertinent information on the event). Options You Choose --The format and data designed to meet your specifications. --Warnings of freezing rain, heavy snow, high wind, and temperatures. --Hard copy forecasts sent to field offices or job site offices. --Flexible fee schedule depending on how the service is used. STORM PROFILE is a trademarked graphic representation of the day's weather. HOTLINE communications with Total Weather meteorologists, via a toll- free 800-number. Not only can you call anytime of the day or night to get an update, you can ask all of the questions you need to make decisions. STORM WARNINGS for severe weather, including snowstorms, wind, and temperature changes. 24-HOUR a day, seven day per week service. -2- Features of Total Weather Service Our weather office is staffed around the clock, seven days a week, including holidays. Toll-free 800 service to eliminates your cost to call on the HOTLINE. You can call from anywhere: mobile phone, the office, or a pay telephone. Timely updates, sent when you need updates to plan your work day. No add-on costs. All services are rendered for one price. Advantages Accurate, dependable Total Weather forecasts allow you to make the best use of your time. You are able to plan your work schedules and get more work done during periods of unsettled weather. You will recognize cost savings - not paying your employees to sit and wait until precipitation starts or stops. You may be able to plan for materials better. The weather information you receive will help you make decisions when you are out working -- when wind, precipitation and temperature are critical. You will schedule your time better and you will find Total Weather to be an essential tool when it comes to making decisions. Employees and equipment will be at lower risk because we will warn you of high winds and snowstorms, as you request. We can also perform safety seminars for you and your employees. Parameters Available Precipitation-- Type, amount, start and stop times. Our standard is for our forecast to be within one hour of the actual time it begins or ends. Temperature-- At three hour intervals, shorter or longer as required. We will predict significant changes, too. Dewpoint/Relative Humidity-- At three hour intervals, shorter or longer as required. We will predict significant changes, too. Evaporation-- Amount of evaporation expected for a given day, in inches of water per square foot area so that you can estimate drying times. Snow Loading-- Most snow forecasts are in inches of snow, but we can also provide you with a forecast of the weight of snow per square foot area. Heat Index/Wind Chill-- Used to show the affect of temperature, wind and humidity on workers. -3- Sky Cover-- Whether skies will be clear, partly cloudy or cloudy, given in 10ths of sky cover, if you desire. Wind direction and speed-- Wind direction and speed can be forecast for any time interval and we will be able to tell you when winds will meet your specific criteria (a wind shift of more than 60 degrees and speed greater than 20 mph, for example). Directions can be given in cardinal points or compass degrees, with speeds given in miles per hour or in knots. The character of the wind (variability in direction and gustiness) will be noted. Temperature Inversions-- forecast height and duration of temperature inversions, which can hold pollutants close to the ground and cause sounds, such as blasting explosions, to propagate along the ground. Daily, Weekly, Monthly and Annual Reports-- Weather summaries can be prepared for selected sites, for periods that are most useful to you. Forecast Verification-- Forecasts will be verified using the closest weather reporting station, radar, satellite imagery and other sources. Weather Warnings-- Warnings will be called to your sites anytime. The threshold for warnings will be set by you. Some of the thresholds we presently have include: Thunderstorm wind in excess of 30mph, first and last thunderstorm of the day, heavy rain and hail. Some of our clients need to be called at home, office or mobile phone under certain conditions. Many other parameters for which you might have a specific need, such as lightning, hail, critical temperature and humidity combinations are available. We are working to make hardcopy radar images available to your sites with a facsimile machine. Service Fees Total Weather can develop a variety of packages to meet you company needs, designed to enable you to utilize the service without the cost becoming a 'budget-buster." Setting up a package is easy. We will design a package for you that can be used on a per day basis, per job, or for a long term program. (1) $25.00 per day (a continuous 24-hour period, 1 to 3 days) (2) $100.00 per week (four to seven days included) (3) A cost effective monthly fee based on the services you need, frequency of delivery, and sites desired by your company. Call For a Quote Today!! -4 Customer Satisfaction Total Weather believes in customer satisfaction. That could be why we have customers like City of Minneapolis, 3M, University of Minnesota, Reliable Snowplowing, Northern Specialties, and Buck Hill Ski Area and many others use Total Weather, Inc. services. Or, maybe its one of the reasons we provided weather information to the Mall of America project in Bloomington MN, provide Cooperative Power of Eden Prairie with their forecasts, and have served Kraus-Anderson, Ryan Construction, and the Minnesota Pollution Control Agency with their forecasts. It could be why we're providing the roofing contractor to the Nissan Motors plant outside of Nashville with their forecasts. We serve small companies, large companies, government agencies and small cities, over 90 in all. We believe in customer service and you can expect to hear from us from time to time. We want your experience with Total Weather to be a very good one. We will be happy to provide you with references. -5- TOTAL Operating Forecast Site TWINCI11ES WEATHER, INC. Date: _12/04/91___ Issued By: ORR Received By: East Lake Se WINTER VERSION Overview of Tonight's Weather Second Floor (6 (612) 473-2009 6 PM 9 PM MIDN 3 AM 6 AM 9 AM NOON 3 PM • (612)4735752 Fax SKY CLOUDY CLOUDY CLOUDY CLOUDY CLOUDY CLOUDY CLOUDY CLOUDY Tonite's Low 02 WIND SW 6 SW 6 SE 12 'E 12 NE 10 NW 12 W 12 W 12 PRECIP 0 TRACE 0.4 0.6 1.0 0.8 0.2 TRACE So far today PRECIP TYPE - FLRYS SNOW SNOW SNOW SNOW FLRYS FLRYS High 01 Low -11TEMP/DP -02/-14 02J-8 061-1 11/5 16111 21/15 23/15 23/12 Precip. NONE 14 10 21 -15 04 02 00 00 Snowfall NONE WIND cHILL • PROB FRZ RAIN 0 0 0 20 20 0 P Comments:CHANCE OF A FEW RAKES UNTIL 9PM....THEN SNOW SHOWERS START IN EARNEST. STEADY SNOW OVERNITE INTO THURSDAY WITH BULK OF SNOW 2AM TO 9AM. WARMER OVER THE WEEKEND. ® Precipitation Details® a====s1=== Today's Storm Profiler", Type SNOW '50° Intensity LIGHT 40° Beginning 9 OR 10PM -` Duration 16 30° Amt by 6p 3.0 20° Rain❑ Snow ®Wind Details ® 10° Direction WEST BECOMING SOUTH 0° -7 Speed 5 TO 15 MPH Gusts -10sNpiJf1 (.1-'`)0.0. Shifting tO SOUTHEAST 12 TO 18 MPH ��p/ Windshift Time 4AM -20 074 Below 20 MPH by ®Tomorrow's Forecast ® -30 6p 9p Mid 3a 6a 9a Noon 3pm 6pm Date THURSDAY NIGHT Total rainfall by 6pm tomorrow aftrnoon? NONE Total snowfall by 6 pm tomorrow? 3.0 bpm Spm art 3am Gam Number of hours of snow expected? 16 Flurries or steady snow? STEADY Sky MCLDYMCLDYMCLDYCLDY CLOY Change to rain or Ice? NO Wind NW 12)NW 10 W6 SW 5 SW10 Confidence Level (1 to 10, 10 Is highest) 9 Precip0 0 0 b Temp 122 16 '14 12 10 (Fill ) (SAT ) (SUN ) Da/3 Day Da/5 Aftmoo High: 24 AM Low 10 sky P3.4 SNOW' SPRNKIJFLRY PARTLY SUNNY-- Bast chance of precip NONE Wind S 20 1NW 12 W 15 Will winds gust past 30 mph?NoPfecip 1 TO 2 INCHES p.1/0.02 NONE Tot, rain/snow"6pm to 6am NONE AM LOIPM HI 12/24 18/34 16/35 111 FOUS1 KMSP 042244 MNZ016-050230 TWIN CITIES METROPOLITAN AREA FORECAST NATIONAL WEATHER SERVICE MINNEAPOLIS/ST PAUL MN 4:45 PM CST WED DEC 4 1991 .TONIGHT. . .00CASIONAL LIGHT SNOW OR FLURRIES THIS EVENING BECOMING MORE PREVELANT AFTER MIDNIGHT. .AN INCH ACCUMULATION POSSIBLE BY MORNING. TEMPERATURES DROPPING TO NEAR 5 BELOW BEFORE RISING INTO THE SINGLE oTHURSDAYY. . .OCCADSIONALOLIGHT SSNOW EINTTHE TMORNING O 10 HWITH ING THE G AN ADDITIONAL INCH OR SO POSSIBLE. . .MOSTLY CLOUDY DURING THE AFTERNOON. HIGH IN THE TEENS. SOUTHEAST WINDS 5 TO 15 MPH IN THE MORNING BECOMING NORTHWEST DURING THE AFTERNOON. .THURSDAY NIGHT . . .DECREASING CLOUDS. LOW FROM 10 TO 15. .FRIDAY. . .PARTLY CLOUDY. . .BECOMING BREEZY AND MILDER. HIGH IN THE UPPER 20$ TO LOWER 305. o b ph 0 Wm+000 0m5-i WS ': = i i oaf � � iso R 4 TE itgo rm a 0 m -- .mli • 3 K ' _ i m 4ai lg 4 r Q1 ? � � � y 15- 9H . 0 /N, x ❑ rp o p 0 ir „,,, & :.. , M p '< "71 W u,r ,n 2 V -1 ^ _ - -A g D CN31 o °°1 F Igl�, - a 9 z $ • F 9-1 �'2 ro f) m Z cn m q. tAr t� a il” { mo q i z I- I DDein; T Z�1-1 r N W .A. V1 as J 00 ein 9 o 0 0 9 9 0 0 0 oir 3 L' O O O O O m N & � f0 L G C G N •_` gSQ : o z o a • og -ti r apl'q I r o o !� Al q S o : m j 2-50E5.7:tFZ Age W f o �3 v ki ° i0t3 . , o 61 oz � �C " a � p • 3 a•-• HLi m m m ' - • ,-.t1 P gg § c ; g c v a k"O = to o % Q m 'o 9 < wO12 .4q1 j 0 2 y o 0 � 4i Ph i ci &" pl 3 3 1 Iq qp iq pp 4 1' 4 Pq -5 a p } c[� z _ r� 5 p h Olig ; N i - o -i e m m $ d p � T Z 1I GJ (cir N Z il f2T1�D �gfl[OD 1 C 037 GD 8 lh N .� i 2 �4 I% iI4 1 r iA � O t�333777 P ''') R g1-4 gl ri jiI 14 in TPI AU 118 I n 0 g I 0 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Tahpah Park Concession Stand Project - Bids DATE: September 25, 1992 INTRODUCTION: On September 1, 1992 Council authorized the appropriate City officials to solicit bids for the Tahpah Park Concession Stand Improvement Project. The bid submission deadline for said project was September 24, 1992 . BACKGROUND: This past July the City Council authorized hiring an architect to complete the design plans and specifications for the Tahpah Park Concession Stand Improvement Project. The City Council also authorized the appropriate City officials to enter into an re- payment agreement with the Shakopee Jaycees to cover the costs associated with the improvement project. The re-payment agreement specified that the total project cost shall not exceed $60, 000. 00. On September 24 , 1992 bids for said project were received and opened. Shown in Attachment #1 is a summary of the bids. Note that the low bid submitted was in the amount of $113 , 102 . 00. Since the project came in significantly over budget, staff is recommending that all bids be rejected at this time. Staff has been in contact with the low bidder to determine why the project exceeded our cost projections by such a wide margin. We have identified several items that were included in the bid specifications that will have to be modified to bring the project back within budget. However, in order for us to do so, it will be necessary for us to revise the bid specifications and rebid the project at a later date. It would have been nice if the project could have been completed prior to years end. However, staff will be coming back to City Council with a recommendation to rebid the project next February so that an early spring project completion date can be met next year. The Shakopee Jaycees have been informed of staff's recommendation and concur that rebidding the project would be the appropriate course of action to pursue. The status of the re- payment agreement with the Jaycees can continue to be valid if the City Council concurs to proceed with the project next spring. ALTERNATIVES: 1. Reject all bids submitted for the Tahpah Park Concession Stand Improvement Project and direct staff to revise the bid specifications for a spring 1993 bid letting. 2. Accept the low bid submitted by C.O. Field Company in the amount of $113 , 000. 00 with the cost overrun to be picked up out of the Park Reserve Fund Budget. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REOUESTED: Reject all bids submitted for the Tahpah Park Concession Stand Improvement Project and direct staff to revise the bid specifications for a spring 1993 bid letting. BAS/tiv ATTACHMENT #1 BID OPENING TAHPAH PARK CONCESSIONS PROJECT NO. 1992-10 SEPTEMBER 24 , 1992 10: 00 A.M. SHAKOPEE, MINNESOTA PLANHOLDER/ADDRESS BID AMOUNT BOND $113 , 100 C.O. FIELD CO. 2940 HARRIET AVE. S. ALT $13 , 000 MPLS. , MN 55408 HUNERBERG CONSTRUCTION CO. $111 , 245 14915 32ND AVE. N. PLYMOUTH, MN 55447 ALT $8 , 125 MASTER ELECTRIC 12467 BOONE AV SAV• - - , : 55378 MIKKELSON-WULFF CONSTRUCTION $138 , 811 126 BLAKE RD. N. HOPKINS, MN 55343 ALT $12 , 672 MORCON CONSTRUCTION 5905 GOLDEN VALLEY RD. GOLD N VALLEY, MN STONEFIELD CONSTRUCTION $124 , 330 770 N. BUSINESS 71 WILLMAR, MN 56201 ALT $10 , 200 Altermate: Resurfacing concrete pads under existing wings . l (N!) 5 ' TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Resolution No. 3678 & 3679 Authorizing Sale of 1992 Bonds DATE: October 1, 1992 Introduction The attached resolutions authorize the issuance and sale of bonds to finance improvement projects ordered by Council and refunding TIF bonds to save on interest costs. Background The attached resolutions have been prepared by bond counsel to authorize the issuance and sale of general obligation improvement bonds to finance the projects listed in the resolution and to refund some TIF bonds in order to save on interest costs. The actual awarding of the sale will be done next month. Also attached are the recommendations for the bond issues from Springsted. Action Requested 1) Offer Resolution No. 3678 A Resolution Authorizing Issuance And Sale of $1,665,000 General Obligation Improvement Bonds, Series 1992A and move its adoption. 2) Offer Resolution No. 3679 Authorizing Issunace and Sale of General Obligation Tax Increment Refunding Bonds Series 1992B and move its adoption. S P R I N G ST E D 222 South Ninth Street Suite 2825 PUBLIC FINANCE ADVISORS Minneapolis, MN 55402-3368 (612) 333-9177 Fax: (612) 333-2363 Home Office 85 East Seventh Place 16655 West Bluemound Road Suite 100 Suite 290 Saint Paul, MN 55101-2143 Brookfield, WI 53005-5935 (612) 223-3000 (414) 782-8222 Fax: (612) 223-3002 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 1800 K Street NW Suite 831 Washington, DC 20006-2200 (202) 466-3344 Fax: (202) 223-1362 September 30, 1992 Mr. Gregg Voxland, Finance Director City Hall 129 East First Avenue Shakopee, MN 55379 Re: Recommendations for the Issuance of: $1,665,000 General Obligation Improvement Bonds, Series 1992A $1,885,000 General Obligation Tax Increment Refunding Bonds, Series 1992B Dear Mr. Voxland: We have enclosed 12 copies of our recommendations for the above captioned issues for distribution to Council members and staff prior to your meeting. If you should have any questions pertaining to these recommendations, or if you require additional copies, please do not hesitate to contact us. Sincerely, jal-e12.) Thekla K. Fagerlie Financial Analyst cj p Enclosures CERTIFICATION OF MINUTES RELATING TO $1, 665, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1992A Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, October 6, 1992, at 7 : 30 o'clock P .M. at the City Hall. Members present : Members absent : Documents attached: Minutes of said meeting (pages : RESOLUTION NO. 3678 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1, 665, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1992A TERMS OF PROPOSAL 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, 1992 . Judith Cox City Clerk Councilmember introduced the following resolution and moved its adopted: RESOLUTION NO. 3678 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1, 665, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1992A BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows : Section 1 . Purpose . It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 1992A, in the principal amount of $1, 665, 000 (the Bonds) , including $19, 980 principal amount of Bonds representing interest, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the following public improvement projects : project Estimated Cost 1992-3 Vierling (a) $ 562, 500 1992-6 Apgar Street (b) 437, 500 1992-4 12th Avenue (c) 978. 000 $1, 978, 000 Section 2 . Terms of Proposal. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Bonds, which is attached hereto and shall be placed on file by the City Clerk . Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof . Section 3 . Sale Authorization . Pursuant to Minnesota a Statutes, Section 475 . 60, subdivision 2, clause (9) , Springsted Incorporated is authorized and directed to prepare and distribute an official statement relating to the Bonds and the City to prospective purchasers of the Bonds, to solicit and negotiate proposals for the purchase of the Bonds by a bank or an investment banking firm on the terms and conditions specified in the Terms of Proposal, and to present to this Council at its regualr meete ing to held on Tuesday, November 3, the proposal to purchase ds which is determined by it to be in the best interests of the City, for consideration by this Council . Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of October, 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and, upon vote being taken thereon, all present voted in favor thereof and none voted against the same, whereupon said resolution was declared duly passed and adopted. 1 TO NEGOTIATE THE CITY HAS AUTHORIZED S WILL BE RECEIVED ON THEINGSTED INCORPORATED FOLLOWING BASIS IS ISSUE ON ITS BEHALF. PROPOSALS TERMS OF PROPOSAL $1,665,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1992A Proposals for the Bonds will be received by the City's Finance Director or his designee on Tuesday, November 3, 1992 until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 8:00 P.M., Central rime. of the same day. DETAILS OF THE BONDS The Bends will be dated December 1, 1992, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1 , 1993. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be integral multiples thereof, as re uested by the 155uB•.�. ;} the denomination of $5,000 oreach, 'in^ r purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of f at he the reistrar of themailed as of tthe hetered clo ehoflder bus business thee15thdday oftheimmediates as it ly precedears on ing books month. The Bonds will mature February 1 in the years and amounts as follows: 1994 $ 35,000 1998 $165,000 2002 $160,000 1995 $200,000 1999 $160,000 2003 $155,000 1996 $175,000 2000 $160,000 2004 $130,000 1997 $165,000 2001 $160,000 OPTIONAL REDEMPTION The City may elect on February 1 , 2001 , and on any day thereafter, to prepay Bonds due on or after February 1 , 2002. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance the costs of various improvement projects within the City. TYPE OF PROPOSALS al Proposals shallfor not oaccompaniedaccrued a Goodinterest Faith Deposit (tDeposit'i� n amount of the Bonn ds. Propsals shall be the form of a certified or cashier's check or a Financial Surety Bond in the amount of $16,650, payable to the order of the City. tf a check is used, it must accompany each proposal. tf a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Sprirgsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed oy Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fads to comply with the accepted croposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of /100 bearor a single le ra a fromRates the date of` the Bonds ascending to theorder. date ofsof matur�ity e same maturity shall9 conditional proposals will be accepted. HYTH The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. BOND INSURANCE AT PURCHASER'S OPTION if the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUS1P NUMBERS If the Bonds qualify for assignment of CUSP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSP Service Bureau charge for the assignment of CUSP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers. including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFiCIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101 , telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined In Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 75 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 6, 1992 BY ORDER OF THE CITY COUNCIL /s/ Judith Cox City Clerk CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1992B Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, October 6, 1992, at 7 :30 o'clock P .M. at the City Hall . Members present : Members absent : Documents attached: Minutes of said meeting (pages : RESOLUTION NO. 3679 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1992B TERMS OF PROPOSAL 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, 1992 . Judith Cox City Clerk Councilmember introduced the following resolution and moved its adopted: RESOLUTION NO. 3679 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1992E BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows : Section 1 . Purpose . It is hereby determined to be in the best interests of the City to issue its General Obligation Tax Increment Refunding Bonds, Series 1992B, in the estimated principal amount of $1, 885, 000 (the Bonds) , including an estimated $18, 850 principal amount of Bonds representing interest, pursuant to Minnesota Statutes, Chapter 475, to provide for the redemption and prepayment of the following outstanding tax increment bonds of the City on the following dates : $875, 000 General Obligation Tax Increment Refunding Bonds, Series 1986A maturing in the years 1995 through 1998 on February 1, 1994 ; and $940, 000 General Obligation Tax Increment Bonds, Series 1986B maturing in the years 1996 through 2001 on February 1, 1995 . Section 2 . Terms of Proposal . Springsted Incorporated, financial consultant to the City, has presented itos athishCoCouncil ncilta form of Terms of Proposal for the Bonds, and shall be placed on file by the City Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof . Section 3 . Sale Authorization. Pursuant to Minnesota Statutes, Section 475 . 60, subdivision 2, clause (9) , Springsted Incorporated is authorized and directed to prepare and distribute an official statement relating to the Bonds and the City to prospective purchasers of the Bonds, to solicit and negotiate proposals for the purchase of the Bonds by a bank or an investment banking firm on the terms and conditions specified in the Terms of Proposal, and to present to this Council at its regualr meeting to held on Tuesday, November 3, the proposal to purchase the Bonds which is determined by it to be in the best interests of the City, for consideration by this Council . Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of October, 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and, upon vote being taken thereon, all present voted in favor thereof and none voted against the same, whereupon said resolution was declared duly passed and adopted. THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,885,000' CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1992B Proposals for the Bonds will be received by the City's Finance Director or his designee on Tuesday, November 3, 1992 until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 8:00 P.M., Central Time, of the same day. DETAILS CF THE BONDS The Bonds will be dated December 1 , 1992, as the date of original Issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1993. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,nnn each or in integral multiples thereof. as requested by the purchaser and fully registered as to principal and interest. Principal will be payable at the main corporate office of the reaistrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder tnereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1995 6220,000 1998 $400,000 2000 6175,000 1996 $365,000 1999 $165,000 2001 $180,000 1997 6380,000 The City reserves the right, atter proposals are opened and prior ro award, to increase or reduce the principal amount of me Bonds offered for sale. Any such increase or reduction will be in a total amount not ro exceed$100,000 and will be made in multiples of$5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. OPTIONAL REDEMPTION The Obligations will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment income from the City's Tax Increment District No. 1. The proceeds will be used to refund in advance of maturity the following: the 1995-1998 maturities of the City's General Obligation Tax Increment Refunding Bonds, Series 1986A, dated July 15, 1986 and the 1996- 2001 maturities of the City's General Obligation Tax Increment Bonds, Series 1986B, dated July 1, 1986. TYPE OF PROPOSALS Proposals shall be for not less than $1,866,150 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit') in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $18,850, payable to the order of the City. ft a check is used, it must accompany each proposal. If a Financia! Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. if such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds Is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bearla from thedate the Bonds to the date of maturity. No coy a S:i�g�o rata from� of �+ conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. BOND INSURANCE AT PURCHASER'S OPTION tf the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity sates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 75 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (I) it shall accept such designation and fill it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 6, 1992 BY ORDER OF THE CITY COUNCIL Is! Judith Cox Clerk Recommendations For City of Shakopee, Minnesota $1 ,665,000 General Obligation Improvement Bonds, Series 1992A $1 ,885,000 General Obligation Tax Increment Refunding Bonds, Series 1992B Study No. S0750 SPRINGSTED Incorporated September 30, 1992 SP RI N G ST E D 222 South Ninth Street PUBLIC FINANCE ADVISORSSuite 2825 Minneapolis, MN 55402-3368 (612) 333-9177 Fax: (612) 333-2363 Home Office 85 East Seventh Place 16655 West Bluemound Road Suite 100 Suite 290 Saint Paul, MN 55101-2143 Brookfield, WI 53005-5935 (612) 223-3000 (414) 782-8222 Fax: (612) 223-3002 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 September 30, 1992 1800 K Street NW Suite 831 Washington, DC 20006-2200 (202) 466-3344 Mayor Gary Laurent Fax: (202) 223-1362 Members, City Council Mr. Dennis Kraft, City Administrator Mr. Gregg Voxland, Finance Director City Hall 129 East First Avenue Shakopee, MN 55379 Re: Recommendations for the Issuance of: $1,665,000 General Obligation Improvement Bonds, Series 1992A $1,885,000 General Obligation Tax Increment Refunding Bonds, Series 1992B We respectfully request your consideration of our recommendations for the issuance of these bonds according to the attached Terms of Proposals. These recommendations will set forth the basic parameters for each issue and then will discuss items common to both issues. General Obligation Improvement Bonds, Series 1992A The Improvement Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds of this issue will be used to finance the costs of three improvement projects currently under construction within the City. A breakdown of the issue composition is attached as Appendix I. Approximately $1,417,038 of the principal amount of the issue will be assessed against benefited property, with the balance paid from annual tax levies. Appendix II is our projection of assessment income. Project 92-3 is expected to have assessment rolls filed on or by November 30, 1992 for first collection in 1993. The other two projects, 92-6 and 92-4, will have assessments filed in September and August, 1993, respectively, for first collection in 1994. The assessments will be spread over 10 years in equal annual principal payments with interest charged on the unpaid balance at approximately 1.5% over the rate received on the bonds. For our purposes here, we have used an estimated rate of 6.50%. Appendix III is our recommended maturity schedule for the issue. The bonds will be dated December 1, 1992 and will mature each February 1 from 1994 through 2004. Columns 1 through 5 show the years and amounts of principal and estimated interest due and payable on these bonds. Column 6 shows the amounts required to pay 100% of debt service, with Column 7 showing the capitalized interest necessary prior to collection of special assessments City of Shakopee, Minnesota September 30, 1992 from the rolls to be filed in 1993. Column 8 shows the net levy required and Column 9 illustrates the 5% overlevy requirement as set forth by state statute. The 5% overlevy is a protection to the bondholders and to the City in the event 100% of the expected revenues are not received. Column 10 shows the projection of assessment income from Appendix II and column 11 shows the estimated annual levy requirement for the issue. The first interest payment due on August 1, 1993 will be in the estimated amount of $50,200. This payment will be made from first-half collection of assessments and capitalized interest. The subsequent February 1, 1994 payment will be made from second-half collections of assessments and capitalized interest as well as available debt service fund balances. Thereafter each August 1 interest payment will be made from first-half collections of special assessments and taxes, with each subsequent February 1 principal and interest payment to be made from second-half collections of assessments and taxes, together with surplus first-half collections. This sequence of payments will continue throughout the life of the issue. Included in the principal amount of the issue is a provision for discount bidding in the amount of $19,980. This discount provides the underwriters with all or part of their profit and/or working capital for marketing the issue. It permits them to reoffer the bonds at or close to a par reoffering scale. The discount, representing $12.00 per bond, is a successful marketing tool the City has used in past bond issues and we recommend its use here. We are recommending that bonds maturing in the years 2002 through 2004 be callable at the option of the City as early as February 1, 2001. This represents 26% of the issue and will permit the City to prepay the bonds if substantial prepayments of assessments are received. All bonds issued after March 2, 1993 are now subject to reimbursement regulations. These regulations provide specific directions as to the ability of the City to reimburse themselves for expenditures made prior to the issuance of bonds. All tax-exempt issues settled after March 2, 1992 are subject to these regulations. There are three major areas of the regulations which set forth the following restrictive provisions: 1. They prohibit obligations issued after March 2, 1992 from being used to reimburse expenditures made before March 2, 1989 or to reimburse expenditures paid on projects which have been placed in service for more than one year prior to the date of issuance. 2. There are transition rules under which obligations issued after March 2, 1992 may be used to reimburse expenditures made after September 8, 1989 and before March 2, 1992. There must be "objective evidence" that at the time the expenditures were made, the issuer intended to reimburse itself from the proceeds of a borrowing and that the expectation was reasonable based on historical finance practices. The reimbursement must occur within one year of the expenditure or within one year from the time a property or project was placed in service, if later. 3. They prohibit reimbursement from bond proceeds from expenditures made after March 2, 1992 unless: (a) the issuer declares in the public record official intent to reimburse expenditures with bond proceeds and describes the nature of the borrowing, the project or fund from which the expenditure would be made, and states the maximum principal amount of debt expected to be issued; (b) a reimbursement is made before the later of one year after the date the expenditure was made or one year after the date on which the project was placed in service; (c) the expenditure was a capital expenditure under general Page 2 City of Shakopee, Minnesota September 30, 1992 federal income tax principals generally including costs incurred to acquire, construct or improve land, buildings or equipment. Preliminary expenditures for professional fees and studies are exempt from the official intent requirement if the amount of the preliminary expenses does not exceed 20% of the issue price of the reimbursement borrowing for the project. Preliminary expenditures are not exempt from the one-year reimbursement period requirement. Mr. Gregg Voxland, the City's Finance Director, has advised us that there is reimbursement applied with the Improvement Bonds; the City has acted upon the necessary resolutions to declare official intent of reimbursement for this issue. General Obligation Tax Increment Refunding Bonds, Series 19928 The tax increment refunding bonds are being issued pursuant to Minnesota Statutes, Chapters 469 and 475. The table below lists the issues refunded, the maturities refunded and their call dates, and the net interest rate outstanding of the callable maturities for each issue. Together, they are referred to as the "Refunded Bonds." The Refunding Bonds were originally issued to finance public redevelopment costs within the City's Housing and Redevelopment District No. 1 , which were supported by tax increment revenues from the City's Tax Increment Financing District No. 1 ('TIF No. 1"). Net Interest Rate Issues to be Refunded Outstanding Call Date Refunded Maturities $2,105,000 TIF Refunding Bonds, Series 1986A, dated July 15, 1986 7.34% 2-1-94 $ 875,000 1995-1998 $1,645,000 G.O. TIF Bonds, Series 1986B, dated July 1, 1986 7.52% 2-1-95 940,000 1996-2001 Total Bonds Being Refunded $1,815,000 Refunding Process The refunding of the callable maturities of the Refunded Bonds can be done by means of a "crossover" refunding. In a crossover refunding, the proceeds of the refunding (new issue) bonds are placed in an escrow account with a major bank and invested in government securities. These securities and their earnings are structured to pay debt service on the portion of the new bonds through the respective call dates of the Refunded Bonds, at which time the escrow account will crossover and pay the remaining principal on the original issues by calling in all of those remaining bonds. The City will continue to pay debt service on the original issues through their respective call dates and then crossover and begin making debt service payments on that portion of the new issue, taking advantage of the lower interest rates. Single Issuance Summary We estimate this issue will have a true interest rate of 5.00%, resulting in a combined total net savings to the City of approximately $98,600 (Column 6 of Appendices IV-1 and IV-2). This savings estimate is net of issuance costs, including rating fees and underwriter's discount. The escrow agent designated for this issue will be authorized to pay all of the issuance costs from Page 3 City of Shakopee, Minnesota September 30, 1992 bond proceeds deposited in the escrow account. The recommended maturity schedule for this Issue is attached as Appendix IV. The bonds will be dated December 1, 1992 and mature each February 1, 1995-2001. Columns 1 and 2 of Appendix IV are the levy and maturity years. The combined new refunding principal amounts are shown in Column 3. Interest rates shown in Column 4 are current interest rates and are subject to change between now and the sale date of the bonds. The total refunding debt service is shown in Column 6, with Column 7 illustrating the total debt service with the State-mandated 5% overlevy. Pages I-II of Appendix IV illustrate the individual savings analysis for the 1986 bonds being refunded. Column 1 for each schedule shows the maturity dates of principal and interest coming due. The non-refunded debt service for each refunding component is shown in Column 2; the new refunding debt service in Column 3 and the total debt service (old and new) the City is responsible for shown in Column 4. Column 5 sets out the existing debt service for each issue with the savings due to the refunding shown in Column 6. The Refunding Bonds, as now structured, include all estimated costs of issuance including bond discount and rating fees. To account for the actual underwriter's discount and actual costs of issuance, which may differ from the assumptions made in these recommendations, we have included a provision in the offering to permit the City to increase or reduce the principal in any of the maturities in a total amount not to exceed $100,000 to offset any fluctuation. As interest rates fluctuate, the amounts of money needed in the escrow account also fluctuate. We will continue to monitor interest rates and advise the City in the event that market conditions would adversely affect this issue. Due to the length of this Issue, we do not recommend the bonds be callable. As with the Improvement Bonds, we have included a discount in the amount of $18,850, or $10 per $1,000 bond. Common to Both Issues In order to maintain the City's current "A" rating from Moody's Investors Service, it is necessary that an application be made to Moody's for a rating on these issues. We will provide the rating agency with the necessary data upon which they will make their rating analysis and make the application on your behalf. Moody's will charge a fee which will be billed directly to the City. The bonds are subject to the 1986 Tax Reform Act and the 1989 amendments as they relate to arbitrage profits and rebating any of those profits to the U.S. Treasury. There are some exemptions from the rebate requirement including a small issuer exemption if the bonds are for a governmental purpose and the City reasonably expects to issue not more than $5,000,000 of tax-exempt bonds during the calendar year. The City does not anticipate issuing more than $5,000,000 of tax-exempt bonds during 1992 and therefore, can qualify itself as a small issuer under the Act and not have to worry about the arbitrage regulations for these bonds. The Tax Reform Act also restricts the ability of banks to deduct tax-exempt interest as a carrying expense under certain circumstances in calculating their tax liability. However, these bonds will be "qualified obligations" which can be included in a bank's calculation of interest deduction. This qualification should assist in attracting bidders for your issues. The 1991 Legislature amended bond sale procedures to permit the non-public issuance of obligations if the issuer retains an independent financial advisor. Springsted Incorporated remains a proponent of competitive bidding but sees some advantages to the new legislation. We recommend a competitive negotiated sale where all bidders reasonably expected to Page 4 City of Shakopee, Minnesota September 30, 1992 compete for an issue are notified of the pending sale, and competitive bids are received but no legal advertisement is published. The issuer benefits from eliminating the publication costs and any risk of having an issue delayed due to the time required for publication or the inadvertent failure of a legal notice to be published. In our ever changing industry published notices are no longer a critical source of information for bidders. Other than for publication, you should see no change in your issuing procedures or in the bidding results. Springsted Incorporated has joined with Capital Guaranty Insurance Company, a municipal bond insurer, to offer a surety bond service to underwriters in lieu of putting up a good faith check in order to bid on the bonds. The program is called "Sure-Bid" and we have allowed for its use in the Terms of Proposal, attached to these recommendations. We believe that the use of this bidding option will help garner more bids for the bond sale, since it has the potential to make it easier for an underwriter to bid. There is no cost to the City for this service, nor does Springsted Incorporated have a financial interest in the use of Sure-Bid. For underwriting firms which have been approved and have entered into a reimbursement agreement with Capital Guaranty and have elected to use Sure-Bid instead of physically delivering a good faith check with their bid, Capital Guaranty will put up a surety bond, guaranteeing the amount of the good faith check to the City if the purchaser does not deliver such check to Springsted by 3:30 P.M. the day after the sale. We believe that we will not have to invoke the surety bond on your behalf and will forward the good faith check from the purchaser as soon as we receive it. For your bond sale, you will most likely receive some bids which are accompanied by a good faith check and some which are covered under Sure-Bid. Springsted is in constant touch with Capital Guaranty to monitor the underwriters which have been admitted to this program and, if Sure-Bid is used, Springsted will follow through after the sale, to make sure you receive your good faith amount from the purchaser(s). We recommend these obligations be offered for sale on Tuesday, November 3, 1992, with proposals received at the offices of Springsted Incorporated at 11:00 A.M. Proposals will be verified, checked for accuracy, and the necessary computer calculations will be made in order to determine the benefits of the refundings. We will then present the proposals and our recommendations to the City Council at 8:00 P.M. that evening. A representative of Springsted will meet with the Council to present the results of the sale. Respectfully submitted, 5 (id/ ,e"2( fc a SPRINGSTED Incorporated cj p Page 5 APPENDIX I N• § a Q O i 7 C CF g. 5 U C 0 , § E '' 8 13E 4 o g k 5 w m ctm w 1 `° CA W fA fA EC- 1 _ C N g W 6 Z0 c (6 (6 cci w a 75 m ; o 1 0 o`o O o O O 644 111 a 1 ! 7 0 Cl- (ei .511:5t N 40N0 N. A A [1 6 T ch Wm C > 3 (' 71 m Z m . cE 2 2 2 a a a a g �3 44 a 0.2 a' t ? 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Z Z C5 . co O: 03 M C'') v ♦ r Y ♦ b t° to - 0 • 5 • o� � $ so $ 0O �0000 � �a - N m CA Y L .•1 N 0 VO 00 • Y .Ci• C r r r L 7 0 L ^ .yCy NN ( C L • CO O. Y ° EN o8O > CC • C • co o L Y • O NNNNN " •' " L > • v •• "C ^C • 4 0) O • L 4 Y L -ti Y • } m7M >• O OyWO o Y iq < U > L NNN . 0 . YY tii C O O H Y • N4 0 • C 0• O O 7 >- - m < < 1... Page 9 APPENDIX IV City of Shakopee, Minnesota Prepared September 30, 1992 G.O. Tax Increment Refunding Bonds, Series 1992B By SPRINGSTED Incorporated $1 ,885,000 Dated: 12- 1 -1992 Mature: 2- 1 First Interest: 8- 1 -1993 Total Year of Year of Principal 105% Levy Mat. Principal Rates Interest & Interest of Total (1 ) (2) (3) (4) (5) (6) (7) 1992 1994 0 0.00% 93,489 93,489 98,163 1993 1995 220,000 3.55% 80,133 300,133 315,140 1994 1996 365,000 3.85% 72,323 437,323 459,189 1995 1997 380,000 4.15% 58,270 438,270 460,184 1996 1998 400,000 4.40% 42,500 442,500 464,625 1997 1999 165,000 4.60% 24,900 189,900 199,395 1998 2000 175,000 4.80% 17,310 192,310 201 ,926 1999 2001 180,000 4.95% 8,910 188,910 198,356 TOTALS: 1 ,885,000 397,835 2,282,835 2,396,978 Bond Years: 9,024.17 Annual Interest: 397,835 Avg. Maturity: 4.79 Plus Discount: 18,850 Avg. Annual Rate: 4.409% Net Interest: 416,685 T. I .C. Rate: 4.629% N.I .C. Rate: 4.617% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. Page 10 APPENDIX IV - 1 THE 1986A BONDS City of Shakopee, Minnesota Prepared: 09/24/92 G.O. Refunding Bonds, Series 1992 By SPRINGSTED Incorporated Annual Savings Analysis Non-Refunded Refunding Total New Existing Savings Date Debt Service Debt Service Debt Service Debt Service or (Loss) (1) (2) (3) (4) (5) (6) 02/01/93 218 , 816 . 25 218 , 816 . 25 218 , 816. 25 08/01/93 02/01/94 261, 257 . 50 261, 257 . 50 261, 257 . 50 08/01/94 02/01/95 256, 385. 00 256, 385. 00 263 , 770. 00 7 , 385. 00 08/01/95 02/01/96 248 , 575 . 00 248 , 575 . 00 259, 770 . 00 11, 195. 00 08/01/96 02/01/97 250, 105. 00 250, 105. 00 259 , 650 . 00 9 , 545. 00 08/01/97 02/01/98 250, 560. 00 250, 560 . 00 258 , 000 . 00 7 , 440. 00 Totals 480, 073 . 75 1, 005, 625 . 00 1, 485, 698 .75 1, 521, 263 . 75 35 , 565. 00 Present Value Rate. . . : 4 . 08625% Excess Proceeds • 2 , 255 . 02 Present Value Savings: 33 , 604 . 65 Funds to Sinking Fund: 37 , 820 . 02 As % of P.V. Ref. Int: 22 .77% Total Net Savings •Page 11 APPENDIX IV - 2 THE 1986B BONDS City of Shakopee, Minnesota Prepared: 09/24/92 G.O. Refunding Bonds, Series 1992. By SPRINGSTED Incorporated Annual Savings Analysis Non-Refunded Refunding Total New Existing Savings Date Debt Service Debt Service Debt Service Debt Service or (Loss) ( 1) (2) (3) (4) (5) (6) 02/01/93 151, 687 . 50 151, 687 . 50 151, 687 . 50 08/01/93 02/01/94 201, 445 . 00 201, 445 . 00 201, 445. 00 08/01/94 02/01/95 198 , 625 . 00 198 , 625. 00 198 , 625. 00 08/01/95 02/01/96 188 , 747 . 50 188 , 747 . 50 200, 225. 00 11, 477 . 50 08/01/96 02/01/97 188 , 165. 00 188 , 165 . 00 200 , 865. 00 12 , 700. 00 08/01/97 02/01/98 191, 940 . 00 191, 940. 00 200, 645. 00 8 , 705. 00 08/01/98 02/01/99 189 , 900. 00 189 , 900 . 00 199 , 545 . 00 9, 645 . 00 08/01/99 02/01/2000 192 , 310. 00 192 , 310. 00 202 , 545. 00 10, 235. 00 08/01/2000 02/01/2001 188 , 910. 00 188 , 910. 00 199 , 245. 00 10, 335. 00 Totals 551, 757 . 50 1, 139 , 972 . 50 1, 691, 730. 00 1, 754 , 827 . 50 63 , 097 . 50 Present Value Rate. . . : 4 . 58148% Funds from Issuer • (1, 186 . 89) Present Value Savings: 48 , 893 . 71 Funds to Sinking Fund: As % of P.V. Ref. Int: 22 . 91% Total Net Savings • 61, 910. 61 Page 12 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,665,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1992A Proposals for the Bonds will be received by the City's Finance Director or his designee on Tuesday, November 3, 1992 , until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 8:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated December 1, 1992, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1993. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1994 $ 35,000 1998 $165,000 2002 $160,000 1995 $200,000 1999 $160,000 2003 $155,000 1996 $175,000 2000 $160,000 2004 $130,000 1997 $165,000 2001 $160,000 OPTIONAL REDEMPTION The City may elect on February 1, 2001, and on any day thereafter, to prepay Bonds due on or after February 1, 2002. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance the costs of various improvement projects within the City. Page 13 TYPE OF PROPOSALS Proposals shall be for not less than $1,645,020 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $16,650, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Page 14 Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 75 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 6, 1992 BY ORDER OF THE CITY COUNCIL /s/ Judith Cox City Clerk Page 15 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,885,000* CITY OF SHAKOPEE, MINNESOTA GENERAL OBUGATION TAX INCREMENT REFUNDING BONDS, SERIES 1992B Proposals for the Bonds will be received by the City's Finance Director or his designee on Tuesday, November 3, 1992 until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 8:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated December 1, 1992, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1993. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1995 $220,000 1998 $400,000 2000 $175,000 1996 $365,000 1999 $165,000 2001 $180,000 1997 $380,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed$100,000 and will be made in multiples of$5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. OPTIONAL REDEMPTION The Obligations will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment income from the City's Tax Increment District No. 1. The proceeds will be used to refund in advance of maturity the following: the 1995-1998 maturities of the City's General Obligation Tax Increment Refunding Bonds, Series 1986A, dated July 15, 1986 and the 1996- Page 16 2001 maturities of the City's General Obligation Tax Increment Bonds, Series 1986B, dated July 1, 1986. TYPE OF PROPOSALS Proposals shall be for not less than $1,866,150 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit (Deposit') in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $18,850, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. Page 17 CUSIP NUMBERS ff the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 75 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 6, 1992 BY ORDER OF THE CITY COUNCIL /s/Judith Cox Clerk Page 18 1,3'L MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Upcoming Assessment Hearings DATE: September 30, 1992 DISCUSSION: There are four assessment hearings that need to be held prior to certifying assessments to the County by the November 30, 1992 deadline. The four projects involved are: 1. Jefferson Street Watermain (Tahpah Park) 2 . 1992 Sidewalk Replacement Program 3 . Vierling Drive (C.R. 17 to C.R. 79) 4 . 2nd Avenue Reconstruction Project Due to the official notice requirements, the earliest regular City Council meeting that these hearings could be held on is November 3rd, if the Council adopts the resolutions setting these hearings on October 6th. November 3rd is also election night, so the City Council meeting will not start until 8: 00 P.M. Staff has completed the assessment calculations for all of these projects except the 2nd Avenue Project, which will be completed within 1 - 2 weeks. Therefore, staff is proposing to schedule three assessment hearings for November 3rd, namely the Jefferson Street Watermain Project, 1992 Sidewalk Project and Vierling Drive. Staff does not feel that each of these assessment hearings will be very long. The Jefferson Street Watermain Project only involves one property owner, Vierling Drive involves two property owners and the Sidewalk Program normally does not generate a lot of public testimony. There are three resolutions on the October 6th Council agenda setting the dates for these public hearings for November 3rd. If Council would like to set a different date for the public hearings, the resolutions should be revised accordingly. In regards to the 2nd Avenue Project, staff is proposing to hold this hearing at the regular City Council meeting on November 17th. Due to the large number of property owners involved in this project, Council may wish to hold a separate meeting just for this public hearing. If so, staff would suggest either Thursday, November 19th or Tuesday November 24th as alternative dates. Staff is seeking direction on the date for the 2nd Avenue assessment hearing for the resolution, which will be coming to the City Council on October 20th. ACTION REQUESTED: If City Council concurs with the three scheduled hearings on November 3rd, no action is needed. If a different date is selected, the three resolutions need to be revised accordingly. For the 2nd Avenue Project, the City Council should direct staff to prepare the resolution setting the date for the public hearing for DEH/pmp DATES 134 C L II\I I TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1992 Auditor Selection DATE: October 1, 1992 Introduction Council has previously decided to solicit proposals for audit services and set up a committee to make a recommendation on a firm for the audit of 1992 financial records. Background Council decided to solicit proposals for audit services for the audit of 1992 financial records. The RFP sent out stated that the intent was hire an audit firm for a minimum three year period. Council set up a committee composed of two council members plus the City Administrator and the Finance Director to review the proposals and make a recommendation the Council. A set of criteria to rank the firms was established after committee review. Nine RFP's were sent out and seven firms responded. After the proposals were received, they were ranked according to the criteria. The committee reviewed the rankings and decided to interview the top four rated firms. Interviews were held on the 29th and 30th of September. The top ranked firm of Deloitte & Touche was unanimously selected by the committee as the best candidate to be recommended to Council based on the following factors; The ranking of the firm, the number of metropolitan cities served, the number of cities served that are of equal or larger size and financial management complexity, knowledge of potential factors affecting the city due to state and federal actions in areas such as state aid, regulations, mandates, etc. and the ability to effectively advise the city of its alternatives in response to such situations in order to mitigate the potential loss of resources (dollars) , the ability to provide Council with useful management level information on developing trends and comparisons to other cities and governments, and the ability to best serve the long term interests of the city. The consensus of the committee is that the top three firms are ( in order) Deloitte & Touche, KPMG Peat Marwick, and Abdo Abdo & Eick at a fee of $14,800, $14,280 and $7,400 respectively for audit services of a city staff prepared 1992 report. When Council establishes a committee to deal with an issue, I believe that it is generally the practice to forward the committee recommendations as a consent item. If the Council wishes to discuss the auditor selection issue, it should be removed from the consent agenda. Alternatives 1. Accept the proposal of Deloitte & Touche. 2. Accept another proposal. 3. Send the issue back to committee for another recommendation. Recommendation The committee recommends the acceptance of the proposal of Deloitte and Touche because it is judged by a clear margin to the best qualified firm. Action Requested Move to accept the proposal of Deloitte and Touche for the provision of audit services for the 1992 fiscal year in the amount of $14,800. City of Shakopee 1992 Audit RFP Analysis Deloitte Peat Abdo Qualifications of Partner 0.2 0.2 0.15 Qualification of Manager 0.1 0.1 0.15 Qualifications of Staff 0.1 0.05 0.1 Experience w/larger cities 0.2 0.175 0.075 GFOA Certificates 0.2 0.175 0.1 References 0.2 0.15 0.175 Response to RFP 0.2 0.2 0.2 Technical approach 0.2 0.15 0.125 Projected hours 0.2 0.15 0.075 Industry involvement 0.2 0.2 0.15 Score 1.8 1.55 1.3 Hours projected Partner 25 20 73 Manager 30 40 73 Senior 125 120 T200-225 Staff 170 120 73 Total 350 300 219 I3T. „ rill I There are no anticipated "budget versus actual expenditure" problems within division totals apparent at this point (8/30/92) . 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Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Sale of Surplus Property DATE: October 1, 1992 Introduction The City has received bids on certain property previously declared surplus and offered for sale. Background Council has declared a 1962 fire truck, the old sewer jetter and sewer bucket machines surplus property. Advertisements for bids were placed in the official newspaper and the League of Cities Bulletin. Additionally, a vendor was contacted to see if he had an interest in bidding on the equipment. One bid has been received on the fire truck and no bids on the sewer equipment. The amount of the bid on the fire truck ($1,685.00) is comparable to the amount received on the last old fire truck the city sold. Since there were no bids on the sewer equipment, one could say that there is no value to the equipment. The City Code authorizes the City Administrator to sell surplus property with an estimated value of less than $1,000 to any party or to negotiate a sale to another government agency for larger dollar amounts. The city paid $4,750 for the bucket machines 7 years ago. Probably the only parties interested in buying these are other cities since contractors would probably want larger units. If we get another city interested in buying these machines, the City Administrator could negotiate a sale. The sewer jetter is mounted on a 1952 GMC truck which reportedly reduces its sale value. The truck chassis alone is probably worth more than $1,500 at a Hennepin County auction if the jetter is removed. Alternatives 1. Accept the bid for the fire truck. 2. Junk the sewer equipment. 3. Let the sewer equipment sit in the Public Works yard and wait for an interested party to inquire and also readvertise next year. Possibly also separate the jetter and sell the chassis next summer. Recommendation Accept the bid for the fire truck and let the sewer equipment sit in the yard until next year or an interested party surfaces. Action Requested Move to accept the bid from Larry Ruff in the amount of $1,685.00 for the 1962 fire truck. / t MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Update on the Highway 18 Interchange DATE: October 1, 1992 INTRODUCTION: The Metropolitan Council, at the urging of it' s staff has continued to deny direct access between the City of Prior Lake and the new Shakopee By-pass via CSHA 18. BACKGROUND: During the early Spring of 1991 the Metropolitan Council staff recommended against the construction of an interchange between the new Shakopee By-pass and County Road 18 leading to Prior Lake. The Metropolitan Council ' s Metro Systems Committee agreed with the staff report and recommended on April 9 , 1991 that the connection to Prior Lake be denied. The basis for this recommendation was that the road would go through a rural area thereby causing development in East Shakopee outside the area served by sanitary sewer. The Metropolitan Development Investment Framework (MDIF) is the plan that sets a general direction for future development patterns in the metropolitan area and which also establishes guidelines for making decisions about major regional facilities including sewers and highways. This document divides the seven county metropolitan area into two service areas. These are the Urban Service Area and the Rural Service Area. The line delineating the boundary between these two service areas is the Metropolitan Urban Service Area boundary or, as it is more commonly known, the MUSA line. The MDIF classifies both Shakopee and Prior Lake as free standing growth centers within the Urban Service Area. Free standing growth centers are defined as "microcosms of the urban area with their own economic base, housing and range of public services" . The MDIF also indicates that the Metropolitan Council is "committed to providing regional facilities to strengthen the older parts of the free standing growth centers" and "to provide services to new development that occurs outward from existing development" . The Rural Service Area contains three policy areas: these are the Commercial Agricultural Area, the General Rural Use Area and Rural Centers. The area immediately south of the new Shakopee By-pass in the vicinity of County Road 18 is in the General Rural Use Area. This area is defined as being outside the Urban Service Area and "containing a wide variety of land uses including farms, residential development and facilities that mainly serve urban residents" . The MDIF also indicates that the Metropolitan Council supports agriculture and low density residential development in the General Rural Use Areas but not the extension of regional facilities to serve developments at densities like those found in the Urban Service Area. The Metro Council staff report of April 9, 1991 indicates that the proposed connection between the Shakopee By-pass and the City of Prior Lake would be inconsistent with the Shakopee Plan and contrary to the Rural Policies of the Metropolitan Development and Investment Framework. The Metro Systems Committee agreed with that staff report, even though a significant number of Metro Systems Committee members (and Metropolitan Council members) had just been sworn in as new members of the Metropolitan Council the day that the decision was made. Even though the MDIF does not indicate that General Rural Use Areas have priority over the extension of services into free standing growth centers this apparently is the case in that Prior Lake is being denied access to a regional system even though this would provide services to new development that is occurring in Prior Lake. The MDIF further states that the Metropolitan Council considers rural residential development, such as that found in the area on either side of Highway 18 extending southward from the new by-pass to Prior Lake as being a type of permanent land use and not being an early stage of urbanization. The Metropolitan Council supports rural residential development as long as the density does not exceed one housing unit per ten acres of land. The MDIF also indicates that the Metropolitan Council will compute residential densities on the basis of forty acre parcels not ten acre parcels. The staffs of Shakopee, Prior Lake and Scott County have spent a considerable amount of time providing data to the Metropolitan Council in attempting to resolve this issue. However all of this activity has been to no avail and the position of the Metropolitan Council staff, as stated in a report dated July 22 , 1992 has not changed from it's position of April 2 , 1991. The Metropolitan Council staff indicated that the existing City policy would result in a rural density of one dwelling unit per four acres which is substantially more dense then the Council ' s policy of one per ten acres. The Metropolitan Council staff also indicated that the City of Shakopee has taken no action to bring their rural density closer to conformance to the Metropolitan Council policy. In essence, the Metropolitan Council would like to see the minimum lot size in the R-1 zoned areas of the City changed from 2 1/2 acres per dwelling unit to ten acres per dwelling unit. There has also been some other discussion relative to becoming substantially closer to the Metro Council guidelines. I do not know what substantially closer means perhaps it would mean one dwelling unit per seven acres or one dwelling unit per eight acres. Interestingly, the Metropolitan Land Planning Act adopted by the State Legislature which set this entire process in motion specifically does not address "official controls in place prior to the adoption of the plans" . My interpretation of this is that even though the City Comprehensive Plan of 1980 was adopted after the R-1 zoning density standards were put into place the Metropolitan Council is choosing to attempt to dictate minimum lot sizes in the City of Shakopee even though it conceivably does not have the statutory authority to do so. I also question whether it is the role of the Metro Council to attempt to dictate the zoning ordinance minimum lot size within the City of Shakopee rather then attempting to guide regional development in the seven county metropolitan area. If the City Council desires to make some additional accommodation to the Metropolitan Council in order to allow for a direct highway connection with the City of Prior Lake the way to accomplish this would be to increase the minimum lot size in the R-1 zoning district or to rezone certain properties from R-1 to Agricultural. Prior to amending the City's Zoning Ordinance the City Council should carefully consider what the impact of minimum lot size density reductions will have upon the future development of the City of Shakopee. The City is attempting to provide for a diversity of housing types, including a diversity of housing costs. The City does not want to have only starter homes built or only houses in the $80, 000 - $120, 000 category. Many of the more expensive homes built in Shakopee within the past ten years have been in the R-1 area. Among the reasons for this occurrence are that the R-1 areas have hilly topography and more trees and afford larger lot sizes for those individuals wanting to live in this type of environment. It is my opinion that if the R-1 minimum lot size were raised to ten acres many people would be unable to afford minimum lot sizes of ten acres thereby slowing down the rate of growth in the R-1 areas. The City Council should consider both the social and economic impacts of such a change prior to making a decision to change the minimum lot size in the R-1 zoning district. ALTERNATIVES: 1. Make no changes in the existing minimum lot sizes that was imposed by the Zoning Ordinance and so inform appropriate agencies. 2 . Change the minimum lot size of the R-1 district to ten acres per dwelling unit. 3 . Rezone some of the R-1 area located south of the proposed by- pass and east of Dean Lake from R-1 Rural Residential to Ag Agricultural. RECOMMENDATION: It is recommended that the City Council make no changes in it's zoning pattern or minimum lot sizes without further study. I 1 3m) �� � UC,�JHsI MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City Council Chambers Audio/Visual Bid Award DATE: October 2, 1992 INTRODUCTION: The bid submittal deadline for the Council Chambers Audio/Visual System was October 1, 1992 . Staff has reviewed the bids to determine their adequacy and is prepared to make a recommendation to City Council for their approval. BACKGROUND: On September 1, 1992 Council authorized staff to execute an agreement with Southwest Audio Visual to design and complete plans and specifications for the City Council Chambers Audio/Visual System. On September 9, 1992 staff sent copies of the bid specification guidelines to approximately 9 different vendors. The bid advertisement was also advertised in the appropriate publications. The bid submittal deadline was October 1, 1992 . Two vendors submitted bids for the new audio/video system. (See Attachment #1) Earlier this year, the Shakopee Cable Communications Advisory Commission estimated that the cost to install a video system in the new Council Chambers would be approximately $49 , 173 . 00. The Cable Commissions original proposal to City Council did not include an audio system. City Council subsequently agreed to budget $48, 000. 00 in the City Hall renovation budget for a audio and video system. The low bid for the audio/video system was submitted by Audio/Visual Wholesalers, Inc. ($41, 774 .41) . Note that the low bid is approximately $6, 000. 00 below budget. On October 1, 1992, Southwest Audio Visual and representatives from the Cable Commission reviewed the bids to determine if they were comparable in terms of equipment proposed. The analysis revealed that the two bids submitted meet the bid specification guidelines. Staff would like to recommend to City Council that the low bid submitted by Audio/Visual Wholesalers, Inc. in the amount of $41,774 .41 be accepted. Staff would also like to recommend that the appropriate City officials be authorized to enter into an agreement with Audio/Visual Wholesalers, Inc. for the equipment proposed and subsequent installation. ALTERNATIVES: 1. Accept the bid submitted by Audio/Visual Wholesalers, Inc. in the amount of $41, 774 .41 and authorize the appropriate City officials to enter into an agreement to provide said equipment and installation. 2 . Accept the bid offered by EPA Audio Visual and authorize the appropriate City officials to enter into an agreement to provide said equipment and installation. 3 . Reject all bids and authorize the appropriate City officials to re-bid the audio/video system. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to accept the bid submitted by Audio/Visual Wholesalers, Inc. for the Council Chambers audio/video system in the amount of $41,774 .41 and authorize the appropriate City officials to enter into an agreement to provide said equipment and installation. TAMI\ADMIN\BIDS BAS/tiv Attachment #1 City Council Chambers Audio/Visual Bid Opening Thursday, October 1, 1992 10: 00 a.m. Bidder Audio System Video System Total Bid i. Audio/Visual 13 ,216.44 28, 557 .97 41,774.41 Wholesalers 2 . EPA Audio Visual 13 , 316. 56 32 , 757 . 06 46, 073 . 62 ONSENT Ya MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for One Day Gambling Occasion DATE: September 16, 1992 INTRODUCTION AND BACKGROUND: The Shakopee Lion's Club is applying for a one day off-site lawful gambling license. They will be conducting a bingo occasion on November 13 , 1992 at the Shakopee Knights of Columbus Hall on East 4th Avenue. They are required to obtain a one day off-site gambling license. Prior to the Gambling Control Board issuing a license, the local government must adopt a resolution approving the application. As you are aware, the Lion's Club already holds a gambling license for the sale of pull-tabs at Jerry' s Bar, 124 South Holmes Street. RECOMMENDED ACTION: Offer Resolution No. 3666, A Resolution of the City of Shakopee, Minnesota, Approving an Application for a One Day Off-site Lawful Gambling License for the Lion's Club of Shakopee, and move its adoption. Minnesota Lawful Gambling l.G230 Application for One-Day For Board use only ( 1) Off-Site Lawful Gambling Base License# ... : :'S ;:• }: .::::>::..::::.::.:-;.....:.:.......... � : . ..... ---"1:.r.` :,*:::::ti ::=.r:4 { ..w ,wh�... tI:»: r : ...... -:. : .; rnvvY : i ^ v:Rwr} 4n: } " : : ? 14 .. ?i-frii✓? i?:�+,K,K:p: y `.tea : O": iij }?�is:'::i;:iii::::r :: ....i . : : :r?::...: .:....: :. :..:. .. r } .::.n ...r.• ...:: :.. :!• Y ... .. .... rrrr:•w :::: : : r "an�sanizab Phone Number License number on Date I l✓b • I v h/44C��� ' ((fly) ''t'i5-X t 7 : ©I to 1 pddrets(street or� ost7 box �•° ) PD lit' /_ Y ar S code 6hAdCity 193-7T9 ( Phone Number Name of Chie Ex nue Officer(please nt) ( /_1 ) '' KJ ligZ.Q _..f.!;:;i%?<:'>::»:'�:z%�:.::•:. :::fit}:}•::;:.a•::.!!:!.}:-:.o:�>>;{:::; ..............:::::::.`�..,..r.:::.ur:•>:-::....:::?r.....r.._:::r.•::::.r?!:_r.�...............,}}:a}:•�:!..�:•:::::::r....:::..........:::•::....:..!.::::.r!'.-...v:�::�•. •::::Y.•....:•:.r .:�r::.'i:::%'`%:;::}.2+. i'•- ........................... ......::::.:........:...r..:::::::::•....:r%r._:r::?......r::::.<.:......r::::::::r::::!.;.....r.. ,..:::: ......a:.:rr.:!•::::::• -"r.r.......r...........r... ...........::rr....,r.....:-::-::::::::::.::-i:-i:-i�:r':::ii......:r:::::r..r.- .......•:•::::.• r.:::::.. :............... :....../......... ..•r.r......i-::•. ............:... ......:::........ .... .........,:-:::r ..::::r:.....}:r.}:-i:r....::::.�:::... rr..:::.;.r..::::...:-:::::::::::.,i::._!'t:i-::::...... :•:r:::r::.r.... .............. 1. a location where off-site gambling will d IC6fV vs �of e location City ort State 2 Ad of ff-aitAi�ii/i�ipte ' '"' 9 3. Date of one-day event I l l 13 IRA. No If yes,what was the date of the event? 4. Has your organization conducted off-site gambling this calendar year? 0 Yes [[[��• / / .............:::::::..........::::::::......:.::::::,�...r:.::::::::...............::::.,,.....•rrr::::r.!.-.-::: .r.....:.. :::::i::Y-?;:;o;;:;•:::::::r,�:•:'::::-:.:...:,,::a;::%ii::i is :•.}}::::::::::::..........:.....:....::::?w:::.Y.�:n:.......•v:....fi::::::::iiiij<i:}:::::w:::::::3>vi:.. ����:;:i;:;:ii;:'ii'i?i::�`:.;.:}i$':iri:�v:':hv:v,;:vi}:iii:!�:y�i'ii}Y�'i':::;:;rr.y}..�'�"�'.v.,::?:%i::ii}::::i::i}y i�?{:;:::i;::iiii ii+F:iiiY�iiiii::is?:iiiii:?:•}}}}:::w}}}%!•::::::r I affirm that the above information is true and correct. Sig..�no.......hie Ex ecu...U..v.:.e::.:.O• tfi: :r.w......••.. .......:w.:. •�::::::..:...�.;.:.......:.. ::: v::: !i } Date �.1� � � �/ ! � � !� / ? - Local ... 4k .. . :r . : 4Yisiv... :::::::: }i.Goem,eat. ::« » : ...... v: +:: u, .}.yyi :::: 4:?l . fv YL :} v Ow %r i 1. The city must sign this application if the gambling premises is located within city limits. 2. The county AND Township must sign this application if the gambling premises is located within a township. 3. The local unit of government(city or county)must pass a resolution specifically approving or denying this application. 4. A coov of the local unit of oovemnenrs resolution aooroving this aoolication must be attached to this aoolication. 6. If this application is denied by the local unit of government,it should not be submitted to the Gambling Control Board. City or County Township Township name City or my,(tame Signature of person receiving application Signa of person lying ap licatlo cTi �, Date received Date received Tide Nlav,. get._ . cfp5/9_2_, Is township: Organized Unorganized_Unincorporated Attach a copy of the lease for the off-site location and a copy of the approving resolution from the local unit of government Mail this application to: Gambling Control Board Rosewood Plaza South,3rd Floor 1711 W.County Road B Roseville, MN 55113 ,.�:!::{.i:?•:!-}:!!!? -}}}ism:•}: • -}i:i.....::......+ f!:.....�(:!_.,:x /,{.:j?S ... ... : ::r:r:.-}:!+?:-}:?:•iii:.,i:: :.}.'.:�..'r.•%•::::::::.v?.}'.y:::::::::::: •:r::::•:!:::::i/rf:.:TJ?'.vl?::::i?:•},' .J ..................i*:.:§ -*iii ...!-._•::•.....::ig -:rn. .:':r:;?.••r.?:ii }iiiynii]?:: :•:::.•:i .!9- iii,m •i:ii nrai!:r':}::? •r:�:i:i> iR .... .............:::•:::::::••i}}}}}ii:?^:iKiiii:?•i}':...... ..:.::::}iii}'•i}..r..::.�... .�-:•.:::: r{• ........ ....... ... ..... ....... .........:..... ....... r.::: .. .... j.............n......:......,,,!iiS':iiY:%r.!:�:'iiti iii:!i.yr•.}}:;.v, ..... .. }� ...............::.::. ........n r.........-:::: ::......i.........:::::::v:........•:...r.......i::......... ::..f.•}} *}n+}}}}}:•}}i:!!i :is•i'f.}}:.h.}}iT:}:ry::::.:.:....r. .. :. ilii ....: ....... .....................:.::::.,.... rr.... ..... r::.r::::::•.::::::.�::::•::::....:.:....:.:::....r:� ..... ..... q:j;"::?;;.i?:•:iiiSiii:;::;:?.;�::iiii:;.`:;:::ii:i;:iiiiii% '•iSi::i i:'Sii:i::iiiii:;`:;'::�:::o:•iiii:b:%::::i ....... - ...}i':.�.}}i'::}::.}:•%iii}ii::.i%:i;:i^ .. ............. RESOLUTION NO. 3666 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AN APPLICATION FOR A ONE DAY OFF-SITE LAWFUL GAMBLING LICENSE FOR THE LION' S CLUB OF SHAKOPEE WHEREAS, the Lion' s Club of Shakopee is seeking a one day off- site lawful gambling license to conduct a bingo occasion at the Shakopee Knights of Columbus Hall, 1760 East 4th Avenue; and WHEREAS, the Gambling Control Board requires that the local unit of government pass a resolution specifically approving or denying an application for a one day off-site lawful gambling license. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, as follows: That the application for a one day off-site lawful gambling license for the Lion' s Club of Shakopee for November 13 , 1992 , at the Knights of columbus Hall, 1760 East 4th Avenue, Shakopee, Minnesota, be approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney 7 r.v JUkie,) #.:1 /lb MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Eagle' s Contribution - Resolution #3667 DATE: September 29, 1992 INTRODUCTION: Last fall the Shakopee Eagle' s contributed pull tab funding to the City of Shakopee to be utilized to promote the following activities: 1. Shakopee Derby Days - $800. 00 2 . Shakopee Public Access - $500. 00 3 . Shakopee Recreation - $2 , 000. 00 Earlier this year Council approved a budget amendment to address the expenditure of the contribution for Derby Days. It would be appropriate at this time to discuss the allocation of the remainder of the Eagle' s contribution at this time. BACKGROUND: The use of pull tab revenues is strictly governed by the State of Minnesota. Based upon our opinion from the State Gambling Board and consistent with past City practice it appears that the pull tab contribution offered by the Shakopee Eagle's can only be allocated for marketing related expenses. The Shakopee Public Access Corporation is aware of the limited use of the available funds. The Public Access Corporation would like to utilize the funds to promote new programming on the Public Access Channel. They would like to use the Eagle' s contribution to establish a small grant program that would be available to first time users of the Public Access Studio. The grant program would cover costs incurred by a individual, group or organization in putting together a program for cable viewing. Eligible costs might include such things as costs for constructing a set, supplies, etc. The Public Access Corporation believes that this would be a useful tool to attract new people into the Public Access Studio. The Public Access Corporation is considering offering grants in the amount of $100. 00 maximum increments. On September 28 , 1992 the Shakopee Park and Recreation Advisory Board discussed possible uses for the $2 , 000. 00 Eagle' s contribution. It was the consensus of the Park & Recreation Advisory Board that they would like utilize a portion of the Eagle' s contribution to have several 4 'x 8 ' banners created that could be used at the Shakopee Showcase and other recreation activities throughout the calendar year. The Park & Recreation Advisory Board is also discussing the possibility of using some of the Eagle's contribution to offset costs associated with a 1993 swimming pool brochure. Due tot he brown water problems this past year, the Park & Recreation Advisory Board believes that more effort should be put forth in marketing the pool. Next year is also the 25th anniversary of the pool and several special events to celebrate the occasion are being planned. The Board has discussed other possible uses of the contribution. No final decision has been made but they recognize that the use of the funds must be marketing related. Staff has received several cost estimates from marketing firms who specialize in logo development. Cost estimates for the development of a logo range between $2 , 500. 00 and $7 , 500. 00. All of the firms contacted stated that if the City is clear on the message that they want depicted that the costs can be minimized. However, if the City continually changes their mind on the direction for logo development that the costs will escalate. If Council concurs with the Park & Recreation Advisory Board's recommendation regarding the use of the Eagle' s contribution, staff would like to establish a small committee to work with a marketing firm to begin the process of developing a City logo. Staff believes that there may be adequate funds within the existing 1992 budget divisions to offset the cost of logo development. If Council concurs with the recommendation of the Park & Recreation Advisory Board in terms of the logo development concept, staff would report back at a later date to City Council with a firmer cost estimate and funding source prior to hiring a marketing firm. Shown in Attachment No. 1 is Resolution #3667 , a resolution amending the 1992 Budget consistent with the recommendation of the Park & Recreation Advisory Board. The Resolution allocates $500. 00 to the Administration Division for promotions and $2 , 000. 00 to the Recreation Division promotions program category. The proposed budget increases are to be funded by a draw down of Fund Balance. ALTERNATIVES: 1. Offer Resolution No. 3667, A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget. 2 . Amend the resolution as drafted and move its adoption. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Offer Resolution No. 3667 , A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget and moved its adoption. BAS/tiv RESOLUTION NO. 3667 A RESOLUTION AMENDING RESOLUTION NO. 3496 ADOPTING THE 1992 BUDGET WHEREAS, City Council has adopted a budget for the fiscal year and; WHEREAS, changing conditions and circumstances warrant amending the budget. NOW, THEREFORE, BE IT RESOLVES BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Fund Division Account Amount General Administration Promotions $ 500. 00 General Recreation Promotions $2, 000. 00 Adopted in Session of the City Council of the City of Shakopee, held this day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney rOT\ISF:NIT. _D i L igc, MEMO TO: Dennis Kraft, City Administrator l Yd' FROM: Dave Hutton, Public Works Director SUBJECT: County Road 78 DATE: September 28, 1992 INTRODUCTION: Attached are Resolution No. 3668 (approving the plans) and Resolution No. 3669 (restricting parking) for the County Road (C.R. ) 78 Project, County Project #89-78-01. BACKGROUND: The plans for the C.R. 78 Project has been completed and City approval of these plans is requested. This project consists of constructing C.R. 78 from C.R. 17 to T.H. 41 as a bituminous roadway. That portion of the project between C.R. 17 and C.R 79 is located within the Corporate Limits of Shakopee. Two segments of this project are new alignments (from C.R. 69 to T.H. 41 and between C.R. 79 and C.R. 15) while the remainder is upgrading gravel roads to paved roads. Scott County is now requesting that the City of Shakopee approve the plans and also to pass a resolution banning parking on this road. There is no cost participation by the City on this project. ACTION REQUESTED: 1. Offer Resolution No. 3668 , A Resolution Approving Plans and Specifications for the County Road 78 Project (CP 89-78-01) and move its adoption. 2 . Offer Resolution No. 3669, A Resolution Relating to Parking Restrictions on County Road 78 and move its adoption. DEH/pmp COUNTY , SCOTT COUNTY 110 HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 FAX (612) 496-8365 BRADLEY J. LARSON Highway Engineer DANIEL M.JOBE Asst.Highway Engineer-Design DON D. PAULSON Asst.Highway Engineer-Construction September 4 , 1992 Mr. Dave Hutton Director of Public Works City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re : CP 89-78-01 Dear Dave : We have submitted one set of construction plans for the above referenced project for City review and approval . Design of this project is substantially complete . Continuing coordination with various agencies may result in detail changes to the plans . However, such changes should be of a technical nature and should not affect the essential elements of the project . Attached are sample resolutions for approval of this project and for restricting parking on this project . If you have any questions or would like additional information, please contact this office . ell; ere Bradley J . Larson, P . E . County Highway Engineer BJL/kmg Att . An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 3668 A Resolution Approving Plans And Specifications For The County Road 78 Project No. CP 89-78-01 WHEREAS, plans for Project No. CP 89-78-01 showing proposed alignment, profile, grades and cross-sections for the construction, reconstruction or improvement of County Road No. 78 within the limits of the City as a County Project has been prepared and presented to the City, and WHEREAS, Scott County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highway included in this project for any installation of underground utilities which would be considered as new work (service cuts shall be allowed for the maintenance and repair of any existing underground utilities) . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that said plans and conditions stated be in all things approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney RESOLUTION NO. 3669 A Resolution Relating To Parking Restriction On County Road 78 WHEREAS, Scott County has planned the improvement of County Road (C.R. ) 78 from Trunk Highway (TH) 169 to County State Aid Highway (CSAH) 17 of which a portion is within the City of Shakopee; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction must therefore be conditioned upon certain parking restrictions; and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a County project in the "City" has been determined. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the "City" shall ban the parking of motor vehicles on both sides of CP 89-78-01 within the "City" . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /Y.' MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director % SUBJECT: Jefferson Street Watermain (Tahpah Park) Project No. 1991-8 DATE: September 28, 1992 INTRODUCTION: Staff is requesting that the City Council set a date for the public hearing to consider the proposed special assessments for the Jefferson Street Watermain Project. BACKGROUND: The Jefferson Street Watermain Project has been completed and all project costs have been identified. This project consisted of installing new watermain from 12th Avenue South to Tahpah Park to serve the new sprinkler system in Tahpah Park. The final project costs are $34 , 417 . 65. This consists of construction costs totaling $28, 490. 00 and Engineering/ Administrative costs of $5, 927 . 65. The original feasibility report had estimated the project costs to be approximately $43 , 000. 00. The portion of the watermain from 12th Avenue South to the north line of Tahpah Park is located within the South Parkview 1st Addition Subdivision. The alignment of the water follows the future Jefferson Street and will be needed for development in this area. The feasibility report recommended assessing that portion of the watermain to the abutting benefitted property owner. The watermain from the north line of Tahpah Park south to the sprinkler control center near the concession building is not proposed to be assessed. Based on this concept, the amount of watermain that will be assessed is $22 , 384 .41. Prior to levying any assessments on this project, a public hearing must be held. Attached is Resolution No. 3670 which declares the cost to be assessed and sets the date for the public hearing for November 3 , 1992 . ALTERNATIVES: 1. Adopt Resolution No. 3670, which sets the date for the public hearing for November 3 , 1992 at 8 : 00 P.M. 2 . Adopt Resolution No. 3670, but set a different date for the public hearing. 3 . Deny Resolution No. 3670. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3670, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Jefferson Street Watermain, from 12th Avenue South to Tahpah Park, Project No. 1991-8 and move its adoption. DEH/pmp MEMO3670 RESOLUTION NO. 3670 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Jefferson Street Watermain From 12th Avenue South To Tahpah Park Project No. 1991-8 WHEREAS, a contract has been let for the improvement of: Jefferson Street Watermain Project from 12th Avenue South to Tahpah Park and the contract price for such improvements is $28 , 490. 00, the construction contingency amounts to $ -0- and the expenses incurred or to be incurred in the making of such improvements amounts to $5, 927 . 65, so that the total cost of the improvements will be $34 , 417 . 65. Of this cost the City of Shakopee will pay $12 , 033 .24 as its share of the cost and the Shakopee Public Utilities Commission will pay $ -0- as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $22, 384 . 41. 2 . The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3 . That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 3rd day of November, 1992 , in the Council Chambers of City Hall at 8 : 00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2 . That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney n T1 ` tS 0 MEMO TO: Dennis Kraft, City Administrator FROM: Jeff Swenson, Engineering Tech. II SUBJECT: 5th Avenue Project No. 1989-4 and Bluff Avenue Project No. 1990-7 No. DATE: September 28 , 1992 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the 5th Avenue Project No. 1989-4 and the Bluff Avenue Project No. 1990-7 . BACKGROUND: All of the work for these projects has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 3671, A Resolution Accepting Work on 5th Avenue, Spencer Street to Market Street; Market Street, 7th Avenue to 4th Avenue and Main Street, 6th Avenue to 5th Avenue, Project No. 1989-4 and Bluff Avenue, Marschall Road to Naumkeag Street, Project No. 1990-7 and move its adoption. JS/pmp MEM3671 RESOLUTION NO. 3671 A Resolution Accepting Work On 5th Avenue, Spencer Street To Market Street; Market Street, 7th Avenue To 4th Avenue And Main Street, 6th Avenue To 5th Avenue, Project No. 1989-4 And Bluff Avenue, Marschall Road To Naumkeag Street Project No. 1990-7 WHEREAS, pursuant to a written contract signed with the City of Shakopee on April 18, 1991, Ryan Contracting, Inc. , 16615 Ipava Avenue, Lakeville, MN 55044 has satisfactorily completed 5th Avenue, Spencer Street to Market Street; Market Street, 7th Avenue to 4th Avenue and Main Street, 6th Avenue to 5th Avenue by curb & gutter, pavement, storm sewer, sanitary sewer and watermain improvements and Bluff Avenue, Marschall Road to Naumkeag Street by pavement, curb & gutter and storm sewer improvements, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $1, 000. 00, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CERTIFICATE OF COMPLETION CONTRACT NO , : 1989-4 and 1990-7 DATE : September 28 , 1992 PROJECT DESCRIPTION : 5th Avenue/Bluff Avenue CONTRACTOR: Ryan Contracting , Inc . 16615 Ipava Avenue Lakeville , MN 55044 ORIGINAL CONTRACT AMOUNT $ 372 , 204 . 95 QUANTITY CHANGE AMOUNT $ ( 67 . 42 ) CHANGE ORDER NO , THRU NO , AMOUNT $ 8 , 151 . 19 FINAL CONTRACT AMOUNT $ 380 , 288 . 72 LESS PREVIOUS PAYMENTS $ 379 , 288 . 72 FINAL PAYMENT $ 1 , 000 . 00 I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I , therefore, recommend above specified final payment be made to the above named Contractor, Professional Engineer T ,' . Lit; -f ,_ . Form Minnesota Department of Revenue IC-134 Rev.9,89 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Minnesota ID number Company name i Ryan Contracting, Inc. ; 1164420 Month year work began Address 1534 E. Cliff Rd. 4/91 City State Zip Code ` Montn,year work ended Burnsville, MN 55337-1415 10/91 Total contract amount: 380,356.14 Amount still due: Telephone numbe• ( 612 ) 894-3200 1,000.001989-4, 1990-7 Did you have employees work on this project? Yes Project number: If none,explain who did the work: Project location: 5th Avenue and Bluff Avenue Project owns;: City of Shakopee Address Shakopee, Minnesota Check the box that describes your involvement in the project and fill in all information requested in that category: ❑ Sole contractor ❑ Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: i2 Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below, and attach a copy of each subcontractor's certified IC-134. (If you need more space, attach tt ch Owner/Officer sheet.) Business name Address N Northwest Asphalt 1451 Cty Rd. 18, Shakopee, MN 55379 Darrell Riddler Friedges Landscaping 9380 W 202nd St., Lakeville, MN 55044 John Friedges \ Siehndel Construction 210 Elmwood, Le Sueur, MN 56058 David Siehndel I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this prosect.including sending copies of this form. to the prime contractor if I am a subcontractor,and to any subcontractors if I am a prime contractor,and to the contracting aDategency. Contractor's signature Title __124„,,..c.,:cz‘ /2/2‘,1 '16:4-tit,:--k L-41U-4/1-44--a--4 PP 7/9/ For certification,mail to: Minnesota Department of Revenue,Business Trust Tax Section Mail Station 6610,St. Paul,MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue. I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from m ages paid to employees relating to contract services with the state of Minnesota and:`or its subdivisions_ Date., ra • lure of authorized Department o!Revenue 0,cial� , .._ • �-- .. Form • Minnesota Department of Revenue Re 134 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Company name Minnesota ID number 7/ la 3 7 3 Address C 7 L/ .n 7�t_ CONSTRUCTION rl t_Q=RB Month/year work began CON i FACTORS & F'L+ / Z 7 n :; ✓� / city L ;_iatd , i4;;•: 56053p code Month/year work ended Total contract amount: Telephone numberAmount still due: c /' 6 - ��/ Did you have employees work on this project? Project number: 1989-4711990-7 If none,explain who did the work: Project location: 5th AN:' !nue ar:C'` Bluff "venu- Project owner: City of Shakopee Address Shakopee, Minnesota Check the box that describes your involvement in the project and fill in all information requested in that category: Li Sole contractor Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: Ryan Contracting, Inc. 1534 E. Cliff Rd. , Burnsville, Minnesota 55337-1415 77 Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project,including sending copies of this form, to the prime contratctor if,- a s • ontr ctor.a to any subcontractors if I am a prime contractor,and to the contracting agency. Contractors sign e t Title Date 6 9/ For certification, mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue. I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from • wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. .g f authorized Department of Reve official Da:e . " � DEC 1-0 1991 v a��� Form Minnesota Department of Revenue is-f34' Rev:9189 Withholding Affidavit for Contractors • This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Minnesota ID number Company name 5333310 NORTHWEST ASPHALT, INC. Monttvgearwork began Address 1451 COUNTY ROAD 18 JUNE 1991 Cary State Zip Code Morrm year work ended SHAKOPEE MN 55379 OCTOBER 1991 Total contract amount $61,085.75 Amount still due'. Telephone number ( 612 ) 445-1003 $ 897.07 YES Project number: 1989-4, 1990-7 Did you have employees work on this project? • Project locet�cn: 5th Avenue and Bluff Avenue If none,explain who diddthe work: Project owner: City of Shakopee Address Shakopee, Minnesota Check the box that describes your involvement in the project and fill in all information requested in that category: ❑ Sole contractor a Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: Ryan Contracting, Inc. 1534 E. Cliff Rd., Burnsville, Minnesota 55337-1415 E Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project.including sending copies of this form, to the prime contractor if I am a subcontractor,and to any subcontractors ctors if I am a prime contractor,and to the contracting agency.Datn Contractor signature (. 3 /J CONTRACT COMPLIANCE OFFICER 12/6/91 Contractor For certification,mail to: Minnesota Department of Revenue,Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Date Signature of author, partm tt of Reveres 9tticiai DEC 11 1991 Form (;t 14d c IC-134 • �-- Minnesota Department of Revenue � DEC 13 1941 Rev.9/89 , , Withholding Affidavit for Contractors v' This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Company nYAeMimewn i0 number Friedges Landscaping, Inc. 3526991 Andress ! Montnryear watt began 9380 West 202nd Street July 1991 City State Zo Code Month/year wax ender" Lakeville MN 55044 August 1991 Total contact amount: 14,451.53 Teieonone number - .haunt sae due: ( 612 ) 469-2996 2,215.96 Did you have employees work on this project? YES • Project number. 1989-4 & 1990-7 If none.explain who did the work: Project focatioakopee Project owner: if n n Address 5th Ave. & Market in Shako ee, .lid Check the box that describes your involvement in the protect and fill in all information requested in that category: E Sole contractor Subcontractor If you are a subcontractor. fill in the name and address of the contractor that hired you: Ryon Contracting 1514 F. Cliff Road RtirnGvil lP WT 55117 Prime Contractor If you subcontracted out any work on this project.all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the business information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Cfficer I ceuare mat an tnrormanon I nave nliea in on tilts:arm is true ano comotete to me oest or my Knowteoge and beuer. I autnonze me Oeoartment or Revenue to disclose nent information relating to rots protect.inducing serving copies of this form, to thL.•nme Contractor if 1 am a suocon of and to any suocontracors if I am a onme contractor.and to me contracting agency. Contractors sgnat u� t rm. Dare ; 44119 Accountant 12-10-91 For certification,mail to: Minnesota Department of Revenue. Business Trust Tax Section Mail Station 6610, St.Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue. I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. SIgneere a awmonzeo Department or Revenue copal DEC 13°%91 /y /, MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director ^ t SUBJECT: 1992 Sidewalk Replacement Program //) Project No. 1992-7 DATE: September 30, 1992 INTRODUCTION: Staff is requesting that City Council set a date for the public hearing to consider the proposed special assessments for the 1992 Sidewalk Replacement Program. BACKGROUND: The 1992 Sidewalk Replacement Program has been completed and all project costs have been identified. This project consisted of removing and replacing defective sidewalk within Shakopee. In addition, the 1991 Sidewalk Replacement list was included in the 1992 project list and completed under this contract. The final project costs are $50, 466. 81. This consists of construction costs of $45, 070. 36 and engineering/administrative costs of $5, 396.45 (approximately 12%) . City Council has budgeted $25, 000 a year for this program and since there were two years included in the project, a total of $50, 000 was projected for this project. The City Council has adopted an ordinance whereby sidewalk replacement is assessed 50% to the abutting property owner and funded 50% by the City. For this particular project there was a number of items that are non assessable and are recommended to be paid 100% by the City. This includes sidewalk replacement at the police and public works complex, handicap ramps located within the curb radius of intersections including the curb replacement, and three locations on Holmes Street where credit was issued due to service trench settlements from the Holmes Street Project. The total amount of the project that is going to be 100% City cost is $6,705. 23 . The remainder of the costs, $43 ,761.58 will be assessed 50% for a total assessment of $21, 880.79 . The City will pay the remaining 50% of this amount. The total City cost is equal to $28, 586. 02 . Prior to levying any special assessments on this project, a public hearing must be held. Attached is Resolution No. 3672 , which declares the cost to be assessed and sets the date for the public hearing for November 3 , 1992 . If the City Council wishes to change the date of this public hearing, the resolution should be amended accordingly. ALTERNATIVES: 1. Adopt Resolution No. 3672 , which sets the date for the public hearing for November 3 , 1992 at 8 : 00 P.M. 2 . Adopt Resolution No. 3672, but set a different date for the public hearing. 3 . Deny Resolution No. 3672 . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3672 , A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the 1992 Sidewalk Replacement Program, Project No. 1992-7 and move its adoption. DEH/pmp MEM3672 RESOLUTION NO. 3672 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The 1992 Sidewalk Replacement Program Project No. 1992-7 WHEREAS, a contract has been let for the improvement of the: 1992 Sidewalk Replacement Program and the contract price for such improvements is $45, 070. 36, the construction contingency amounts to $ -0- and the expenses incurred or to be incurred in the making of such improvements amounts to $5, 396 . 45, so that the total cost of the improvements will be $50, 466. 81. Of this cost the City of Shakopee will pay $28 , 586. 02 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $21, 880. 79 . 2 . The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3 . That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 3rd day of November, 1992 , in the Council Chambers of City Hall at 8 : 00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2 . That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director/ SUBJECT: Vierling Drive, County Road 17 to County Road 79 Project No. 1992-3 DATE: September 30, 1992 INTRODUCTION: Staff is requesting that the City Council set a date for the public hearing to consider the proposed special assessments for the Vierling Drive Project. BACKGROUND: The Vierling Drive Project is nearing completion and staff is requesting that a public hearing be set to consider the special assessments for this project. Although final project costs have not been exactly identified, the project is far enough along that the final project costs can be closely estimated. Because of the requirements to certify all special assessments to the County by November 30, 1992 , staff is proposing to hold the public hearing and assess this project prior to that date. The project should be 100% completed by that date and the final project costs should be known at that time. At this point, the estimated final costs are $504, 919. 68 . This consists of the construction costs totaling $458, 395.73 and the engineering/administrative costs of $46, 523 .95 (approximately 10%) . The original feasibility report had preliminarily estimated the construction costs to be $365, 000. 00 and the total project costs $501, 000. 00. At the time the bid was awarded, staff explained to the City Council that the final bid costs were higher than estimated in the feasibility report due to the fact the hydraulic design on the storm sewers had not been completed and the exact size of the storm sewer pipe needed was not known until the plans were done. The feasibility report had assumed a storm sewer size of 36" diameter while the final design resulted in a 48" diameter pipe, substantially increasing the project costs. There is no way to readily identify the exact storm sewer size in a feasibility report without doing the detailed design which is not ordered until after the feasibility report is discussed by City Council. Based on that explanation, the City Council awarded the bid for this project and instructed the project to be built as bid. Of the total project costs, the City will pay for the oversized street costs and the oversized storm sewer (box culvert) . The total City costs are $151,419 . 27. The total amount to be assessed is $353 , 500.41. Prior to levying any special assessments on this project, a public hearing must be held. Attached is Resolution No. 3673 , which declares the cost to be assessed and sets a date for the public hearing for November 3 , 1992 . If the City Council wishes to change the date for this public hearing, the resolution should be amended accordingly. Staff is going to have more accurate assessment calculations completed by the November 3 , 1992 public hearing, due to the project being substantially completed by that date. ALTERNATIVES: 1. Adopt Resolution No. 3673, which sets the date for the public hearing for November 3 , 1992 at 8 : 00 P.M. 2 . Adopt Resolution No. 3673 , but set a different date for the public hearing. 3 . Deny Resolution No. 3673 . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3673 , A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive, Between County Road 17 and County Road 79, Project No. 1992-3 and move its adoption. DEH/pmp MEM3673 RESOLUTION NO. 3673 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Vierling Drive, Between County Road 17 And County Road 79 Project No. 1992-3 WHEREAS, a contract has been let for the improvement of: Vierling Drive, Between County Road 17 and County Road 79 and the contract price for such improvements is $450, 220. 67 , the construction contingency amounts to $8, 175. 06 and the expenses incurred or to be incurred in the making of such improvements amounts to $46, 523 . 95, so that the total cost of the improvements will be $504 , 919 . 68 . Of this cost the City of Shakopee will pay $151, 419. 27 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $353 , 500. 41. 2 . The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall , upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 3rd day of November, 1992 , in the Council Chambers of City Hall at 8 : 00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2 . That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 17A RESOLUTION NO. 3675 A RESOLUTION CONCERNING A CONSTITUTIONAL AMENDMENT TO CREATE A NEW PROPERTY TAXPAYERS ' TRUST FUND IN MINNESOTA WHEREAS, the State of Minnesota enacted a 3% State sales tax in 1967 with the promise to voters that the money would be returned to them in the form of lower property taxes for property tax payers; and WHEREAS, in 1991 the Governor and State Legislature approved the addition of a 1/2% increase in the State sales tax, raising it from 6% with 2 dedicated to fund the Local Government Trust Fund which was created to continue the State' s commitment to local property tax relief; and WHEREAS, in 1992 , the Governor and State Legislature extended the 6 1/2% sales tax to local government purchases with the promise of continued property tax relief through the Local Government Trust Fund; and WHEREAS, each year local governments are forced to combat continued attempts to reduce the levels of State revenue dedicated to local property tax relief through cuts in programs such as Local Government Aid; and WHEREAS, it is anticipated that the State will face another budget deficit in 1993 , making cuts in local property tax relief programs in attempting to solve the State' s budget problems; and WHEREAS, Governor Carlson already has publicly announced that he will concentrate on eliminating local property tax relief programs during the upcoming legislative session; and WHEREAS, the League of Minnesota Cities and the Association of Metropolitan Municipalities have taken positions supporting a constitutional amendment dedicating 2 of each 6 1/2Q collected from the State sales tax to the Local Government Trust Fund if such dedication cannot be assured statutorily. NOW, THEREFORE, BE IT RESOLVED, that the City of Shakopee calls upon the State Legislature to support a constitutional amendment dedicating 2 of each 6 1/2 collected by the State sales tax to a new Property Taxpayers ' Trust Fund, to guarantee continued property tax relief from the current Local Government Trust Fund; and be it further RESOLVED, that the City of Shakopee strongly urges that the League of Minnesota Cities and the Association of Metropolitan Municipalities make one of their 1993 priorities support for a constitutional amendment dedicating 2 of each 6 1/2c collected by the State sales tax to a new Property Taxpayers' Trust Fund; and be it further RESOLVED, that the City requests that the League of Minnesota Cities begin coordinating a series of state-wide "Truth in Taxation" meetings with property taxpayers, to be held this fall, to educate the public and candidates for State elected offices on the issues regarding the need for a constitutional amendment dedicating 2 of each 6 1/2C collected by the State sales tax to a new Property Taxpayers ' Trust Fund to protect local property tax relief funds from budget cuts. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney [TRUST.RES] -2- . I / MEMO TO: Dennis Kraft, City Administrator FROM: John DeLacey, Engineering Tech. III SUBJECT: JEJ Parking Lot, Basketball Court & Bike Trail, Project No. 1991-5 DATE: September 30, 1992 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the JEJ Parking Lot, Basketball Court & Bike Trail, Project No. 1991-5. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 3676, A Resolution Accepting Work on the JEJ Parking Lot, Basketball Court and Bike Trail, Project No. 1991-5 and move its adoption. JD/pmp MEM3676 RESOLUTION NO. 3676 A Resolution Accepting Work On The JEJ Parking Lot, Basketball Court, And Bike Trail Project No. 1991-5 WHEREAS, pursuant to a written contract signed with the City of Shakopee on October 10, 1991, Bituminous Consulting and Contracting Co. , Inc. , 2456 Main Street N.E. , Mpls. , MN 55434 has satisfactorily completed the parking lot, basketball court, and bike trail in JEJ Park, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $2, 577. 67, taking the contractor' s receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CERTIFICATE OF COMPLETION CONTRACT NO. : 1991 -5 DATE: September 30 , 1992 PROJECT DESCRIPTION : JEJ Parking Lot , Basketball Court and Bike Trail CONTRACTOR : Bituminous Consulting & Contracting Co . , Inc . 2456 Main Street N . E . Mpls . , MN 55434 ORIGINAL CONTRACT AMOUNT $ 53 , 005 . 50 QUANTITY CHANGE AMOUNT $ ( 1 , 752 . 20 ) CHANGE ORDER NO, 1 THRU NO. -- AMOUNT , , , $ 300 . 00 FINAL CONTRACT AMOUNT $ 51 553 . 30 LESS PREVIOUS PAYMENTS $ 48 , 975 . 63 FINAL PAYMENT $ 2 577 . 67 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. . Professional Engineer Form - IC-134 t-•- Minnesota Department of Revenue Rev.11'90 "'` Withholding Affidavit for Contractors t This affidavit must be approved by the Minnesota Department of Revenue before the F";,74.; State of Minnesota or any of its subdivisions can make final payment to contractors. Company name PENN CONTRACTING, INC. Minnesota ID number 2—?-)C) \ 1697 PEL IER LAKE DRIVEMonttvyearworkbegan S Address CENTERVILLE. MN 55038 C\-- 1 CI I City State FAX: 429-469 State Zip Code Montfvyear work ended i-jN Q, 1cia -- Please type or print clearly above. This will be your Total contract amount: mailing label for returning the completed form. - ' CtC(3 Telephone number Amount still due: ----. (CA— ) 11Z 'Ci► so Did you have employees work on this project? Project number: 1 G(q I--S If none,explain who did the work: Pro'ect location: .51! _r I' ' EZ- :1, l' _ •ill e S Project owner: C rr` 0 S j/CE 1 Address i2q ISTVe. s_4X f NN SS3I)1 Check the box that describes your involvement in the project and fill in all information requested in that category: Sole contractor ASubcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: .:4. tov\--\- i, (QNSct I r &c 1.Z..4-.)CZ4S6 F' i t= 1-•1 u� _lam--p;c —�tLli-.— 5543'4 Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below, and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Depa ent of Revenue to disclose pertinent information.relating to this project.including sending copies of this form. to the prime o tractor if I a subcontractor,and to any subcontractors if I am a prime contractor,and to the contracting agency. Contr :or's ignature Title Date ip'). .,_r- or certification, mail original and one copy to: innesota Department of Revenue, Business Trust Tax Section Mail Station 6610. St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue. I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid t employees relating to contract services with the state of Minnesota and/or its subdivisions. - Signature of author Der:anent of Ra�(gr.ue otNeal s tt s Date — . te 2 4 pm .J t �&A Stock No 5000134 Form IC-134 Minnesota Department of Revenue Rev.9,'89 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the p-I1 \ State of Minnesota or any of its «asubdivisions can make final payment to contractors. coirpar'Y name I C-41"3 I IN — FA nna to number Ada.ea /(v) I / u n1 r• uornrvy.ar work begs, Der tel ' CMy J�,��� Stale le Code Monttvy.ar work ended ' I`� /-4=.y OCT1 !q4 I Totai contract amount: _ �Yt0 o0 Teieoi,or a number Arr'ovnt tial due: ( (.1v) 4,-7 U-- o3 7lel 0 °= Did you have employees work on this project? Project number: fi t•R,d4. /..1 L0'ri If none,explain who did the work: Project location: S V-tA-g-o',L Project owner: CIT Qr �.}�k►C�P�E Address t iideef6.:�b:rXrea;be3600c�GfcS�iC:fd 7�Si5$&k8k�aefi:3eFo66G�;3ee.»».A -' ,. .. .. • •.. Check the box that describes your Involvement In the project and fill In all Information requested In that category: ❑ Sole contractor K. Subcontractor if you/^are a subcontractor, fill in thenn name and address of the contractor that hired you: 61TJS CvMtnlOtC,n.JcLJL'rlNC. t & caret- vflNG ❑ Prime Contractor if you subcontracted out any work on this project, all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the business information below, and attach a copy of each subcontractor's certified IC-134. (if you need more space, attach a separate sheet.) Business name Address Owner/Officer .;>;.;,<;;n;a;w.;:,;wc:<j;c::,.:::nwy:q�,w.:.•a<,,..,-s wsa:-:.y;c...y;-;.•:;v.,..;..:_;:gf v:•:<. .4ta:•y;u,..•.,};ia-.,.-;::.<;•:r.::o:;.p;:.x aw•...;,;•_:>.c-.aaps. •<•.o+a:Y' «,sp.t:.rc <x.- K...: I declare that ail information I have filled in on tis torm is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project,including sending copies of this form, to the prima .. tractor if 1 am a subcontractor,and to: subcontractors it I am a• 'me contractor,and to the contracts • agency. Contrartx•a signature t . li / �'y i�NI= • - For certification, mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Sgruiu tial D.paslm.,l of Revenue official Date • Form - Minnesota Department of Revenue IC-134 Rev.9/89 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Compaq nary Mrr+esota 10 number Bituminous Consulting & Contrg. Co. , Inc. 6636955 AMP* hloneVyew work be9r 2456 Main St. NE 09/91 Ob Slase no Code hw*g*. .d Mpls MN 55434 06/92 Tour walla amount: 53,005.50 Telephone ntanber A owx eta dw: 612 ) 755-1888 1 4,429.84 Did you have employees work on this project? yes Protect number: 91-5 If none,explain who did the work: Protect location: JEJ Pkg. Lot & BB Court & Bike Trail Protect owner: City of Shakopee Address Shakopee, MN 55379 Check the box that describes your involvement in the project and fill In all Information requested In that category: ❑ Sole contractor ❑ Subcontractor If you are a subcor'tractor, fill in the name and address of the contractor that hired you: ® Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had. fill in the business information below. and attach a copy of each subcontractor's certified IC•134. (If you need more space, attach a separate sheet.) Business name Address Owner/Officer Advanced Contractors Inc. 16191 Round Lake Blvd. Denny Bjorngjeld • • eec:are trial all,ntorrna!,pn i nave'o!ec,n on thus urn, Irt:e a^0 complete to the best of my anowleoge anc be et I authorize the Department of Revenue to d,sclose penmen?intormat,on relating to this protect.incluaing senpng copes of taus form. to the prime contractor-f t am a svbcontraclo,.ard to a.21,sutxonnactors d i am a prime contractor.and to the contracunt_agency Conaectoi a precuts -- —- -' _T. '-- -� Oats Treasurer 07/14/92 For certification, mail to: Minnesota Department of Revenue. Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146.6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue. I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages pal to empiovees(A�Yr�eellating to cQntraciservtces with the state of Minnesota and/or its subdivisions. Signature of• .a I�0�1m.nt 017V. nre� Oat. JUL -------- --------— — 21EYf r, .. . MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Election Judges DATE: October 1, 1992 INTRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the November 3rd General Election. All judges have been contacted and have agreed to attend the required training session and to work for the election. RECOMMENDED ACTION: Offer Resolution No. 3677 , A Resolution Appointing Judges of Election and Establishing Compensation, and move its adoption. RESOLUTION NO. 3677 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 November 3 , 1992 General Election for the six polling precincts with the City of Shakopee designated in Resolution No. 3646, adopted August 18, 1992 : FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson, Chair Vella Gould Claude Kolb Marie Kocks Evelyn Weckman Dolores Reed Laura Olson Ruth O'Reilly Marge Rademacher Hazel Ecklund SECOND PRECINCT: Regular Judges Delores Hartman Marcella Schmidt, Chair Kathy Lewis Walter Ruhland Ethel Schneider Eugene Pexa Bob Neiters Rose Schleper Betty Menden THIRD PRECINCT: Regular Judges JoAnne Dircks Maetta Jurewicz, Chair Vicki Geis Marinda Schmit Char Steininger Lonore Johnson Claudia Meyer Lorraine Dressen Joe Schleper Jan Gerold Darlene Meuwissen Loretta Jaspers Susan Stolareck Kathryn Marschall FOURTH PRECINCT AND SIXTH PRECINCT: Regular Judges Lillian Weinandt, Chair Marge Bischoff Edna Wangerin Muriel Koskovich Tilli Mingo Sylvester Gerold Pat Clemens Ag Horeish Glenda Spiotta Leroy Stocker Carol Frechette Jermayn Leavitte Joan Schultz FIFTH PRECINCT: Regular Judges Pat Pass Betty Dols Louise Vyskocil Judy Streefland Virgilla Geske, Chair Thea May Joan Hart Carol Link Carol Uhrhammer 2 . The Election Judges shall be compensated for their work at the rate of $4 . 25 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $4 .75 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 regular session of the City Council of the City of Shakopee, Minnesota, held this 6th day of October, 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney