HomeMy WebLinkAbout10-03-1995 TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 3 , 1995
LOCATION: City Hall, 129 Holmes Street South
Mayor Gary Laurent presiding
1] Roll Call at 7: 00 P.M.
2] Approval of Agenda
3] Recess for E.D.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 Minutes of September 5th and 15th, 1995
10] Communications:
*a] Ken & Tyanne Breimhorst regarding the use of the old
City Hall building by the Senior All Night Party
Decorating Committee
b] Mark Hammerstrom, Manager of Paragon Cable, regarding
cable TV reception
11] 7 : 00 P.M. PUBLIC HEARING on the vacation of drainage and
utility easements located along the north 295. 02 feet of the
west 10. 00 feet of Lots 2 and 3 , Block 1, Cretex Industrial
Park 1st Addition - Res. No. 4303
12] Recommendations from Boards and Commissions:
a] Hearing on An Appeal of the Board of Adjustment and
Appeals ' Denial of A 2 . 5 Foot Variance - Res. CC-724
tabled 9/19
*b] Preliminary Plat of Hauer' s 5th Addition, lying south
of CR-16 and west of Hauer Trail; and, variance request
from the Subdivision Regulations - Application withdrawn
TENTATIVE AGENDA
October 3, 1995
Page -2-
13] Reports from Staff
a] Awarding Sale of $3 , 180, 000 GO Improvement Bonds,
Series 1995A - Res. No. 4306
b] Awarding Sale of $1, 150, 000 GO Storm Water Revenue
Bonds, Series 1995B - Res. No. 4307
*c] Farm Lease for 1996 - Gene Hauer
*d] Gymnastics Equipment FF&E - Package D
e] Request to Utilize EDA Property
f] Suburban Transit Association Joint and Cooperative
Agreement
g] Storm Water Drainage Utility Billing Policy On
Duplexes
*h] Approve Bills in the Amount of $189, 789 . 97
*I] Fuel Leak
*j ] Funding of Senior Nutrition Space at 200 Levee Drive
14] Resolutions and Ordinances:
*a] Res. No. 4299 - Changing The November 7, 1995 Council
Meeting Date
*b] Res. No. 4300 - Appointing Judges of Election
*c] Res. No. 4308 - Setting A Public Hearing On
Establishing TIF District No. 10
And Adopting A Financing Plan Therefor
(see EDA memo #3)
d] Res. No. 4304 - Awarding Bid for St. Francis Sewer
and Water Project No. 1995-2 - on table
e] Res. No. 4305 - Awarding Bid for River District Trunk
Sewer Rehabilitation Project No. 1995-9
- on table
*f] Res. No. 4309 - Apportioning Special Assessments for
The Meadows West 2nd Addition
15] Other Business:
a]
b]
c]
16] Recess for executive session to discuss labor negotiations
and matters covered under attorney-client privilege
17] Re-convene
18] Adjourn to Tuesday, October 17 , 1995 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: September 29, 1995
1. Attached is the October calendar of Upcoming Meetings.
2. Attached is the October Business Update From City Hall.
3. Attached is a resolution from the Chamber of Commerce supporting the Shakopee City
Council and EDA's effort in downtown property acquisition and redevelopment.
4. Attached is a resolution from the Shakopee Convention& Visitors Bureau supporting the
Shakopee City Council and EDA's effort in downtown property acquisition and
redevelopment.
5. Attached is correspondence from the DNR regarding State approval of the Floodplain
Ordinance No. 384.
6. Attached is correspondence from the City of Winthrop inviting Shakopee City Officials
to attend the League of Minnesota Cities regional meeting hosted by the City of
Winthrop.
7. Attached is the Police Newsletter for Council review.
8. Attached are the October 5, 1995 agendas for the Planning Commission and Board of
Adjustment and Appeals.
9. Attached are the September 20, 1995 minutes of the Community Development
Commission.
10. Attached is a memorandum from the City Attorney regarding Lebens& Link v. City.
11. Attached is a memorandum from the City Attorney regarding Law Department Work
Update.
12. Attached is a memorandum from the Public Works Director regarding the stormwater
drainage utility policy.
October 1995 41
Upcoming Meetings
SUN MON TUE WED THU FRI SAT
2 3 4 5 6 ?
4:30pm SPUC 7:00pm City 7:30pm Planning
Council Commission
R 9 10 11 12 13 14
15 16 1? 18 19 20 21
7:00pm City 5:30pm
Council Community
Development
Commission
22 23 24 25 26 ? 28
7:00pm Park and
Recreation
29 30 31
September November
SMTWTFS SMTWTFS
1 2 1 2 3 4
3 4 5 6 7 8 9 5 6 7 8 9 10 11
10 11 12 13 14 15 16 12 13 14 15 16 17 18
17 18 19 20 21 22 23 19 20 21 22 23 24 25
24 25 26 27 28 29 30 26 27 28 29 30
09/19/1995
BUSINESS UPDATE FROM CITY HALL ,
Volume 9 No.10
Dear Chamber Member: October 1, 1995
Administration Community Development
On September 19, 1995 the Shakopee City Council On October 3, 1995 the Shakopee Economic
went on record in support of a variety of issues that Development Authority and City Council are
will hopefully serve to facilitate the development of expected to take the necessary steps calling for the
a courthouse campus setting at an expanded site in creation of a redevelopment tax increment district
Downtown Shakopee. Specifically, Shakopee City on the properties identified as Blocks 3 &4 in
Council was in support of waiving building permit Downtown Shakopee. A public hearing on the
fees as they relate to this project. Additionally,the creation of the district is tentatively scheduled for
City would be willing to participate in the process November 8, 1995 at 7:30 p.m. in the Shakopee
of assembling parcels of land for courthouse City Council Chambers. The creation of the district
expansion up to and including land acquisition and would allow the City of Shakopee to capture tax
relocation. Under this scenario, reimbursement revenues generated from any new development
agreements would be necessary if the City were which may occur on these properties. Over the
assigned as the lead agency. The City Council also course of the next four months,the Community
agreed to participate in the acquisition and possibly Development Commission, Economic Development
share in the cost for other land which may be used Authority and City Council will begin discussing
for shared parking purposes. The City would also which redevelopment option is most suited for the
be willing to fund the relocation of utilities property in question. In the interim, City
including water, sanitary sewer and storm water as consultants are continuing their efforts to secure
necessary to allow for the development of the purchase agreements from existing property owners
campus site. City Council also endorsed the concept the proposed redevelopment district. Relocation
of a Planned Unit Development for the courthouse consultants are also meeting with property tenants
campus which would provide the County with to outline their relocation rights.
assurance that future building could be constructed
at the site. Finally,the City Council supported the Engineering/Public Works
development of a transportation plan that would
effectively provide access to the campus site. The Sarazin and Roundhouse Street Project is
expected to be completed by Oct. 1st. The Fuller
The Shakopee City Council expressed concern Street Project from 10th Avenue to the South is
about the development of a expanded campus site underway. The contractor anticipates placing
on property that is presently zoned for industrial gravel, curb and gutter by mid October.
purposes. The Council requested the Scott County
Board take into consideration the long term tax p &V Addition is also nearing completion with
impact of placing tax exempt buildings on parcels paving scheduled by October 5th. Private
that are presently zoned for industrial purposes. subdivision work includes Meadows West 2nd
Addn., Orchard Park, Chateau Ridge and Arlington
The Scott County Board is expected to make a Ridge. At their September 19, 1995 meeting City
decision with respect to their sitting evaluation Council rejected all bids on the Vierling Drive
within the next 30 days. Project between C.R. 79 to C.R. 77. This project
will be re-bid in the Spring of 1996 with At the September 7, 1995 meeting, the Planning
anticipation of more competitive bids. Bids will be Commission recommended approval of the
opened on October 3, 1995 for the sanitary sewer Preliminary Plat of Market Place 2nd Addition, an
and watermain to serve the Regional Medical amendment to the Prairie Bend P.U.D.,the
Center on C.R. 17. Preliminary Plat of Canterbury Pointe,the vacation
of easements within Cretex Industrial Park 1st
The Public Works Department staff completed the Addition and an amendment to the Comprehensive
sealcoating project work that was done in early Plan. The Final Plat of Horizon Heights 5th
September. A significant cost savings was achieved Addition was tabled to the February, 1996 meeting
with Public Works performing all of the"street to allow time for negotiations between the
sweeping". Public Work's personnel have also developer and Scott County. Two Zoning
graded and prepared an area in Scenic Heights Park Ordinance text amendments were tabled to the
off of Merrifield Court for a bike path and have also October 5 meeting. A request for a variance to the
added top soil to the fill area in Huber Park and Subdivision Regulations was recommended for
plans on seeding this area yet this fall. denial.
The Planning Department will be.welcoming two
Park & Recreation new planners,Julie Baumann and Nicole Bennett to
the department on October 2. Ms. Baumann has a
B.A. Degree from St. Cloud State University and is
Construction on the Civic Center Facility continues currently enrolled in the Master's program at
to move ahead as planned. A tentative opening date Mankato State University. Ms. Bennett received
for the ice arena has been scheduled for December two B.S. Degrees from the University of Iowa and
1, 1995. has recently completed her Master's at the
University of Minnesota's Humphrey Institute of
Over the course of the next 30 days,the Park and Public Affairs.
Recreation Advisory Board will be making a final
recommendation to City Council on a proposed fee
schedule for the facility. Once the fee schedule has
been adopted by City Council, a promotional Police
brochure will be developed and distributed to each
household in Shakopee outlining the programs and October 12th is National Turn Off the Violence
services that will be offered at the new Civic Center Day. Activities sponsored by the Shakopee
Facility. Violence Prevention Task Force will begin at 7:00
p.m. at the High School Auditorium. The anti-
violence program will feature music, video Clip,
PlanningSILHOUETTE VIGNETTES, and a flashlight walk
with police.
At the September 7, 1995 meeting, the Board of The Police Department and the Scott County
Adjustment and Appeals approved amendments to Sheriff's Office jointly applied for and received a
the Conditional Use Permit for Fischer Aggregates, Safe and Sober Grant in the amount of$27,100 to
denied a variance request and approved a CUP to be used to pay officer overtime for enforcement
move a garage. hours dedicated to highway safety.
+4- 3
hakóee CHAMBER OF COMMERCE
CONVENTION & VISITORS BUREAU
A RESOLUTION SUPPORTING THE SHAKOPEE CITY COUNCIL AND EDA'S EFFORT IN
DOWNTOWN PROPERTY ACQUISITION AND REDEVELOPMENT
WHEREAS, Shakopee is a thriving community with beautiful scenery, numerous tourist attractions and a
strong business climate; and
WHEREAS, businesses serve as a vital link to the current success and vitality of downtown Shakopee;
and
WHEREAS, retail activity has been crucial to downtown Shakopee and is supported by local and
neighboring residents; and
WHEREAS, portions of downtown Shakopee, blocks 3 and 4, have been targeted for redevelopment by
Shakopee residents and officials; and
WHEREAS, the EDA has initiated friendly acquisition of blocks 3 and 4 and continues to explore
redevelopment options, including riverfront development.
NOW, THEREFORE, BE IT RESOLVED that the Shakopee Area Chamber of Commerce hereby
supports the City Council and EDA's efforts to acquire blocks 3 and 4 in downtown Shakopee and to pursue
redevelopment of those blocks.
Adopted at the Chamber of Commerce Board Meeting held this 23rd day of August, 1995.
`i .
Bo.rd President
Shakopee Chamber of o me' -
1801 Trunk Hwy. 101 Shakopee, Minnesota 55379 612-445-1660 FAX 612-445-1669
hak„ ,,
opee CHAMBER OF COMMERCE
CONVENTION & VISITORS BUREAU
A RESOLUTION SUPPORTING THE SHAKOPEE CITY COUNCIL AND EDA'S EFFORT IN
DOWNTOWN PROPERTY ACQUISITION AND REDEVELOPMENT
WHEREAS, tourism is a leading industry in Shakopee that funds jobs, generates revenue and supports
other industries; and
WHEREAS, Minnesota's major attractions are located in Shakopee, including: Valleyfair, Canterbury
Park, Minnesota Renaissance Festival, Raceway Park and Historic Murphy's Landing; and
WHEREAS, Shakopee has a vital downtown with a rich history and historic image; and
WHEREAS, tourism trends reinforce the significance of historic downtown settings that will attract
visitors; and
WHEREAS, portions of downtown Shakopee, blocks 3 and 4, have been targeted for redevelopment by
Shakopee residents and officials; and
WHEREAS, the EDA has initiated friendly acquisition of blocks 3 and 4 and continues to explore
redevelopment options, including historic, riverfront development; and
WHEREAS, advancement in transportation systems, including the completion of the mini-bypass, make
redevelopment more practical.
NOW, THEREFORE, BE IT RESOLVED that the Shakopee Area Convention& Visitors Bureau
hereby supports the City Council and EDA's efforts to acquire blocks 3 and 4 in downtown Shakopee and to
pursue redevelopment of those blocks.
Adopted at the Convention& Visitors Bureau Board Meeting held this day August 15th, 1995
Board President
Shakopee Convention& Visitors Bureau
1801 Trunk Hwy. 101 Shakopee, Minnesota 55379 612-445-1660 FAX 612-445-1669
* 5
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�► Minnesota Department of Natural Resources
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St.Paul,Minnesota 55155-40_
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September 18, 1995
Honorable Gary Laurent, Mayor
City of Shakopee, City Hall
129 South Holmes
Shakopee, MN 55379-1376
Dear Mayor Laurent: -
STATE APPROVAL OF FLOODPLAIN ORDINANCE
The Department of Natural Resources has completed its review
of the ordinance the City of Shakopee adopted on August 16, 1994.
The ordinance was entitled ORDINANCE NO. 384, FOURTH
SERIES- AN ORDINANCE AMENDING ORDINANCE NO. 377 BY
REVISING VARIOUS PROVISIONS RELATING TO THE
FLOODPLAIN.
On behalf of the Commissioner of Natural Resources, I am .
pleased to inform you that the ordinance has been found to be in
compliance with "Statewide Standards and Criteria for Management
of Floodplain Areas of Minnesota," Minnesota Regulations, Parts
6120.5000 to 6120.6200. Therefore, in accordance with Minnesota
Statutes, Section 103F, I hereby certify state approval of the above
cited ordinance.
Please be advised that any future amendments of this
ordinance or change in the designation of flood prone areas requires
prior approval of the Commissioner.
DNR Information:612-296-6157, I-800-766-6000 • TTY:612-296-5484, 1-800-657-3929
An Equal Opp'-!unity Employer A. Printed on Recycled Paper Containing a
Who Values L i ersity �ll3 Minimum of 10%Post-Consumer Waste
Page Two
Also note that you are required to send copies of hearing
notices and final decisions relating to variances and conditional use
permits relating to this ordinance to this agency. Please send these
directly to Area Hydrologist Pat Lynch located at: DNR Division of
Waters, 1200 Warner Road, St. Paul, MN 55106 and rely on him for
assistance in administering your ordinance.
Since your administration of a floodplain zoning ordinance is a
pre-requisite of your eligibility in the National Flood Insurance
Program, a certified copy of the adopted ordinance will be sent by
this office to the Federal Emergency Management Agency.
Your cooperation and initiative in providing for the reduction
in flood damage through the administration of this ordinance is
g
greatly appreciated.
Sincerely,
DIVISION OF WATERS
0! •azghi ium, Supervisor
Land Use Management Unit
OS/BA:kf
cc: Dale Homuth, Regional Hydrologist
Pat Lynch, Area Hydrologist
Alan Birman, FEMA
CIN OF SHAKOPEE
SEP 2 0 1995
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(-17
CITOF' WINTHROP
Highway 19 Incorporated in 1881
Dear City Official:
I wish to extend a cordial invitation to attend the League of Minnesota Cities regional
Mayor meeting hosted by the City of Winthrop on Thursday, October 19, 1995 at the Community
Louis 'Pud'Melius Center (second floor of city hall), 305 North Main Street.
City Council
Dean R.Conklin To entertain those who arrive early, a short one-hour (12:30p.m:1:30p.m.), tour of the
Dennis H.Nelson Heartland Corn Products ethanol distilling plant has been arranged. Transportation has
Kelly J.Pierson
Peter L.Machaiek been arranged. The afternoon program will begin at 2:00 p.m. and cover a variety of
Christian R.Nelson subjects.These discussions will include subjects of an important nature, both locally and
City Clerk-Treas. statewide.
Samuel W.Shult
The Regional Meeting program is enclosed. There will be adequate time in the afternoon
Membof
program for open discussion of local issues—bring yourguestions or concerns to theLeagu:of
Minnesota Cities meeting for discussion.
since 1942
Minn. on
of Smallll Cities The afternoon program will conclude by 5:00 p.m., followed by a social hour. Dinner will
Minn.Rural be served at 6:00 p.m.
Water Association
Minn.Municipal Following a welcome to our city, LMC President, Karen Anderson, will address the
Utilities Assoc.
River Electric audience regarding the organization's focus for the coming year. After the president's
Association message the League will present its new video on dealing with difficult personnel
situations,followed by a discussion on personnel issues.
To make reservations for your city, please return the enclosed registration form as soon
as possible, no later than October 9th. In ease of cancellations, please notify Elaine,
Jenny or Sam at 507/647-5306 by October 9th. Unless registrations are cancelled, it will
be necessary to bill your city for those who did not attend and did not cancel.
If anyone from your city needs special accommodations or has special dietary needs,
please advise us so special arrangements can be made.
I look forward to seeing you on October 19th, 1995. SHAK°pE�
CTI
2
2 1g95
Sincerely yours, %inSE?l I
Louis "Pud"Melius,Mayor
City of Winthrop rt
P.O.Box Y,305 N.Main St.,Winthrop,MN 55396 Sibley County Phone: 507-647-5306
Fax: 507-647-3200 Cal
EC0N0M1C
OEYElO►MENT
Printed on recycled paper
REGISTRATION FORM
LMC REGIONAL MEETING
CITY OF WINTHROP
OCTOBER 19, 1995
We will have city officials attending the regional meeting in Winthrop
and we agree to pay for these meals unless the host city is notified of any
changes by October 9th.
NAMES/TITLES OF PERSONS ATTENDING:
(Please furnish names of people
attending so that name tags
can be prepared)
Person making reservation(s):
CITY: PHONE: ( )
Number of attendees that will take tour of ethanol plant (No Charge):
*Number of attendees X $10.00 registration fee =
Number of attendees X $7.00 price of dinner =
TOTAL PAYMENT ENCLOSED $
Please make checks payable to City of Winthrop and return with registration
form to:
City of Winthrop
Sam Shult
PO Box Y
Winthrop MN 55396
*$10.00 registration fee applies only to the first ten registrants. There is no
charge for more than 10 registrants from one city.
= Hwy 19 Stop lights turn right
• •
5 blocks -'�
o City Hall building
Parking Ei
LotI J
4 Third St.
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1/2 blk. 1 112 blocks Parking
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TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, MN October 5, 1995
Chairperson William Mars Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Approval of September 7, 1995, Meeting Minutes
4. Recognition by Board of Adjustments and Appeals of Interested Citizens.
5. 7:30 P.M. Public Hearing: To consider an application for a conditional use permit to
have two (2) principal structures on one lot; to conduct the disassembly of boat motors;
and the retail sales of boat motor parts and marine accessories within a portion of one
of the principal structures, located at Lot 1, Block 1, Koskovich Valley Park 1st Addition.
Applicant: Twin City Outboard, Inc.
Action: Resolution No. 731
6. Other Business
7. Adjourn
Paul Bilotta
Planning Director
Note to the B.O..\.:\.Member:
1. If you have any questions or need additional information on any of the above items,please call Terrie or Shelly 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.
(i:\planning\pc_boaa\1995',pc I005\agenda.boa)
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN October 5, 1995
Chairperson Terry Joos Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Recognition by Planning Commission of Interested Citizens.
4. Approval of Consent Agenda - (All items listed with an asterisk (*) are considered to be
routine by the Planning Commission and will be enacted by one motion. There will be no
separate discussion of these items unless a Commissioner so requests, in which event the item
will be removed from the consent agenda and considered in its normal sequence on the
agenda).
5. * Approval of the September 7, 1995, Meeting Minutes
6. * Final Plat: To consider the final plat of Canterbury Pointe, located south of 4th Avenue and
west of Sarazin Street (extended).
Applicant: Cottage Homesteads of America, Inc.
7. 7:35 P.M. Public Hearing: To consider an amendment to the Shakopee Zoning Map to rezone
Lots 1, 2 and 3, Block 1, Prairie House 2nd Addition from Highway Business (B-i) to Major
Recreation (iVIR).
Applicant: Cedar Fair Limited Partnership
8. Concept Review: To consider the concept review for Valleyfair Planned Unit Development.
Applicant: Cedar Fair Limited Partnership
9. Text Amendment for "Outdoor Storage": To consider an amendment to Chapter 11, The
Zoning Chapter, for a Text Amendment to add sections that would allow outdoor storage as a
Conditional Use in Industry Zones. (Public Hearing closed at the September 7, 1995, meeting
and the decision tabled to October 5, 1995.)
Applicant: City of Shakopee
10. Text Amendment to "Design Standards": To consider an amendment to Chapter 11, The
Zoning Chapter, for a Text Amendment to revise the Design Standards within the Residential
Zones. (Public Hearing closed at the September 7, 1995, meeting and the decision tabled to
October 5, 1995.)
Applicant: City of Shakopee
11. 7:40 P.M. Public Hearing: To consider amending Section 11.02 of the Shakopee City Code to
add a definition for"density" as the number of units on a lot divided by the lot area.
Applicant: City of Shakopee
12. * Vacation: To consider the vacation of the drainage and utility easements in Lots 1 through 6,
Block 3, Prairie Bend 1st Addition.
a) Applicant: Derrick Investment No. 91, Inc.
13. Other Business.
a) Creation of New TIF Redevelopment District
b)
14. Adjourn.
Paul Bilotta
Planning Director
Note to Planning Commission Members:
If you have any questions or need additional information on any of the above items,please call Terrie or Shelly on the Monday or
Tuesday prior to the Meeting.
If you are unable to attend the meeting,please call the Planning Department prior to the meeting.
is\planning\bona-pc\1995\pc 1005''c►gcnda.pc
OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION
REGULAR SESSION SHAKOPEE,MINNESOTA SEPTEMBER 20, 1995
Members Present: Amundson, Dauenhauer, Miller, Morke, VanHorn. Staff Present: Paul
Bilotta, Planning Director and Nicole Bennett, Planning Intern.
I. Call to Order- Chairman VanHorn called the meeting to order at 5:30 p.m. Roll was taken
as noted above.
II. Approval of August 16, 1995 Minutes - Miller/Morke moved to approve the minutes of
the August 16, 1995, meeting as kept. Motion carried unanimously.
III. Chamber of Commerce/CVB Report- Mr. Bilotta introduced Mr. Bill VonBank from the
Shakopee Chamber of Commerce/Convention and Visitors Bureau (CVB). Chairman
VanHorn stated that the CDC would like to learn about the Chamber/CVB's purpose,
activities it currently pursues and activities it intends to pursue in the promotion of the City
and business interests. Mr. VonBank reported that the CVB is a division of the Chamber
that deals with local concepts and programs to promote businesses. He noted that this
Chamber is a member of the Minnesota Chamber of Commerce.
Mr. VonBank reported that the Chamber/CVB's budget is comprised of 60% investment or
dues from businesses and 40% fundraising dollars (primarily from discount ticket sales for
the Renaissance Festival). He stated that the Chamber's budget is approximately$90,000.00
depending on the success of fundraising activities. Mr. Vonbank stated that the Chamber's
membership is approximately 250.
Mr. VonBank reported that the CVB was formed 10 years ago as a subcommittee of the
Chamber. The CVB's funding is provided by the 3% lodging tax on Shakopee Hotels,
generating approximately $110,000.00 currently. The CVB's budget is spent primarily on
marketing the City's tourism industry out-of-state to areas more than 150 miles away in the
Midwest and Canada. Mr. VonBank noted that two successful marketing pieces have been a
newspaper-like flyer and a color brochure. He reported that approximately 3 million tourists
visit Shakopee each year, and roughly 8 million visitors from the area come to Shakopee
each year; including visitors to Mystic Lake.
Mr. VonBank stated that the CVB's objective is to increase the impacts of tourism in the
off-season (from October to May). He also stated that the CVB's philosophy is "heads and
beds".
Mr. VonBank noted that the CVB also spends money to advertise in the Twin Cities Metro
Visitor's Guide of which roughly 400,000 copies are sent out each year by the State.
Mr. Morke inquired what other cities are doing in terms of official city involvement in
promotional activities. Mr. VonBank stated that that would be a good question to include
on the 1996 survey of the Chamber's members. Chairman VanHorn questioned whether or
not the Chamber is currently doing anything to help development in the City, and what
would they like to do to promote development. Mr. VonBank responded that the Chamber
would like to develop a video that illustrates the City's identity, history, economic vitality,
etc. Chairman VanHorn inquired as to potential funding sources for marketing or projects
like a video. Mr. Morke stated that one possibility would be to recapture some of the
revenues from the City that are going to the State, such as the taxes on ValleyFair and
Canterbury Downs.
Mr. VonBank inquired if the CDC had any ideas or suggestions for the Chamber. Mr.
Morke stated that trade shows are a useful way to market the City. Mr. Morke noted that
Duluth is doing an excellent job in cooperation with their CDC, Chamber and CVB to
produce two brochures--one focusing on fun things to do in Duluth and the other focusing
on the attraction of businesses by showing what the City can offer. Mr. Morke noted that
this kind of cooperative effort can reduce staff time and costs while accomplishing a great
deal. Chairman VanHom questioned whether the CDC and the Chamber could develop a
cooperative marketing effort focused on community-based items. Mr. Bilotta stated that it is
an issue of scale and the costs of materials. Mr. Miller inquired if the Chamber is attending
trade shows currently and if they have some sort of materials and a setup to use in the
shows. Mr. VonBank stated that the Chamber does attend several trade shows and does
have support materials that focus on tourism and the history of the area. Mr. Morke and
Mr. Miller noted that the CDC and the Chamber could possibly share trade show equipment
and assist each other in passing out materials at the shows. Mr. VonBank stated that a video
would also be a very effective tool to take to trade shows.
Mr. Bilotta stated that there are other activities within the Chamber. Mr. VonBank reported
that the Chamber also focuses on business growth and retention activities with such
subcommittees as the Retail Committee and the Ambassadors Committee. Mr. VonBank
stated that there is also a Legislative Committee and an Operations Committee (the Board).
Mr. VonBank then invited the CDC to attend October meetings of the Chamber to be held
on Wednesday, October 11, at 12 noon for the Chamber and Tuesday, October 17, at 9 a.m.
for the CVB.
Chairman VanHom stated that perhaps the CDC should have a liaison to attend the Chamber
meetings. Chairman VanHorn, Mr. Morke and Mr. Miller suggested that a liaison be
appointed to attend Chamber meetings. Mr. Miller stated that the CDC should first establish
a purpose for sending a liaison to other meetings. Ms. Amundson agreed that a stated
purpose or goal should be established prior to sending a liaison to the meetings. Mr. Miller
stated that a video project may be a way for the CDC and the Chamber to work together,
and the video could be used as an economic development tool for the City.
IV. Economic Development Update-Mr. Bilotta reported that at the Tuesday, September 19,
City Council meeting, staff presented two viable options for the Scott County Courthouse
Expansion to remain downtown. He noted that the City has prepared a package of
alternatives for a downtown expansion of the Scott County facilities and the formal vote on
the location decision will be on Tuesday, September 26.
Mr. Bilotta reported that Minnesota Valley Engineering decided not to locate in Shakopee
after calling local businesses and discovering that several are busing in employees due to a
labor availability problem.
Mr. Bilotta reported that an expansion of the Shakopee Town Square Mall is being
proposed. The expansion will be located at the new intersection of US 169 and the
Shakopee Bypass, upon its completion, and may include a new hotel.
V. Draft Industrial TIF Application - Mr. Morke stated that he liked the draft application
format. Mr. Miller noted that the application appeared to be an improvement over the old
application.
VI. Subcommittee Reports - Ms. Bennett reported that the Scott County Economic
Development Coalition is working on a labor survey of households and businesses. Ms.
Bennett stated that the survey will be administered by Professors Larry Swain and Gary
Green at the University of Wisconsin and the questions will be targeted at labor issues such
as wage rates, skill level, transportation and affordable housing.
VII. Other Business-Mr. Morke noted that a tax survey of certain cities in Scott County is also
being conducted and could provide useful information.
VIII.Adjournment- The meeting was adjourned at 7:00 p.m.
-1O
NON-AGENDA INFORMATIONAL ITEM
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorney
DATE: September 28, 1995
RE: Lebens & Link v. City
I have received a notice from the Court of Appeals regarding
this case. They have decided that oral argument is not necessary,
and will be deciding the case without it . They indicate that they
will internally discuss the case on November 20, 1995, and make a
decision within 90 days thereafter, which means by February 18,
1996 .
I also have a copy of the reply brief filed by Messrs . Lebens
and Link. If you would like a copy of it, please let me know.
Signed
Karen Marty, Cirttorney
KEM:bjm
[2 8MEMO]
NON-AGENDA INFORMATIONAL ITEM
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorney
DATE: September 28, 1995
RE: Law Department Work Update
Attached are charts of our required court appearances for
criminal matters . These show the number of cases for which a
prosecutor is required to appear in court . As you can see, this
year started off somewhat better than last year, but recently has
begun inching up again. We continue to see a dramatic increase
in cases each year.
Civil matters are progressing well . The "small" projects
(those taking only a few days of time) are under control; larger
projects are being undertaken now. These are set forth below.
Project Deadline Progress Comments
Lebens & Link 2/96 On hold Briefs are done; now
v. City awaiting decision by
Court of Appeals .
City v. U. S. --- Steady Litigation on hold until
& B. I .A. Dec . Comment letter due
10/7 .
Trout Unlimited --- On hold Possible settlement
v. City pending between TU and
the developer.
Subdivision 12/95 Moving Planning and legal will
regulations try for a first draft of
the ordinance by late
October, to be polished
and ready for public
review in December.
Adult use ordinance 12/95 Good First draft of ordinance
prepared and under
revision. To Planning
Commission in November.
Annexation 10/95 On hold Notices of annexation
have been sent, review
time period is running.
[2 8MEMO]
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/(72,
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Bruce Loney,Public Works Director
SUBJECT: Storm Water Drainage Utility Policy
for Commercial Businesses on
Improved Agricultural Land
DATE: September 27, 1995
COUNCIL MEETING DATE: October 3, 1995
NON-AGENDA INFORMATIONAL
INTRODUCTION:
The Engineering Department and the City Engineer is responsible for administration of
the Stormwater Drainage Utility. This memorandum is intended to inform City Council
of an Engineering Department administrative amendment in determining the stormwater
drainage fees for parcels which are primarily improved agricultural land with a
commercial business located on the parcel.
BACKGROUND:
The stormwater drainage fee for a parcel of land is determined by multiplying the
Residential Equivalent Factor (REF) for a parcel's land use by the parcel's acreage and
then multiplying the resulting product by the stormwater drainage rate which is currently
$18.18 per quarter. The following parcels have objected to their stormwater drainage fee
in which a commercial land use designation has been used due to a commercial business
being located on the parcel:
1. Beta Seed- 39 Acres
2. Minnesota Green Landscaping -40 Acres
3. CSR Finishing-25 Acres
The stormwater drainage fee for those parcels was based on a commercial REF and the
entire acreage of the parcel utilized in calculating the fee. The property owners have
objected to the fee contending that the vast majority of the parcel is in agricultural
production of farm products and should be classified as improved agriculture land.
Staff has reviewed the parcel's land use and has determined that the fee should be
adjusted to reflect the actual land use. The "Stormwater Drainage Utility" has land use
classification for residential, commercial, industrial and institutional property. In the
above mentioned parcels, the parcels are primarily agriculture and have not been platted.
If a business was not located on the parcel, the REF and fee calculations would be for
improved agriculture land. In the same light, if the entire parcel was being used for
commercial purposes, the REF and fee calculation would be based on the parcel area and
REF factor for commercial property. For instance, Beta Seed parcel for a commercial
designation is $900.00 per quarter and only $6.00 per quarter if classified as improved
agriculture.
Staff is proposing to calculate the stormwater drainage fee to consist of a commercial
charge based on the area being used for commercial business purposes and the remainder
portion of the parcel to receive an improved agriculture charge. Per the stormwater utility
ordinance, improved agriculture land is considered to be the same as a single family
residence. For Beta Seed, recalculating the drainage fee based on the new policy would
be $66.00 per quarter.
An Administrative Amendment No. 1 to the Stormwater Drainage Utility Policy is
attached for Council as to the determination of stormwater drainage utility fees for
agriculture based commercial properties. This policy was prepared based on Subd. 7., for
the recalculation of fee to property owners who object to the storm water drainage fee.
The property owners of these parcels have objected to their stormwater fee since January
1, 1995 when the City converted over to Shakopee Public Utilities Commissions' billing
from LOGIS billing. The recalculation fee will be adjusted to the January 1, 1995 date
which was when the fee was calculated based on a commercial land use designation with
the new SPUC billing.
If there are any questions in regard to this memo,please do not hesitate to call me.
BL/pmp
DRAINAGE
Administrative Amendment No. 1 to the Stormwater
Drainage Utility Policy
The purpose of this amendment is to establish a policy for determining the storm drainage
fee for Agriculturally Based Commercial Properties would be charged the for the full
commercial rate, but are largely agricultural uses.
The following terms are defined as they pertain to the Storm Drainage Utility Policy:
Agriculturally Based Commercial Property: An Agriculturally Based
Commercial Property is defined as a parcel of land which is primarily an
agricultural use, with a small commercial component, and which satisfies all of
the following criteria:
1. The property is 10 acres or larger.
2. The property can be clearly delineated into agricultural and commercial
components.
3. The commercial component of the parcel is less than 10%of the total acreage
of the parcel.
Commercial Component: The commercial component of an Agriculturally Based
Commercial Property shall be that acreage,rounded up to the nearest acre, which
is being used for commercial activities. These activities shall include,but are not
limited to: retail sales, customer and employee parking, merchandise/product
display areas, service areas such as horse back riding or stabling of horses, outside
storage areas, and structures necessary for the storage, production or marketing of
retail merchandise,products or services.
Agriculturally Component: The Agricultural Component of an Agriculturally
Based Commercial Property is that acreage of the Agriculturally Based
commercial Property which is not defined as a Commercial Component and is
being used for as improved agriculture property.
Any parcel classified as an Agriculturally Based Commercial Property shall be assigned a
storm drainage bill consisting of a commercial charge and an agricultural charge. The
commercial charge shall be the acreage of the Commercial Component multiplied by the
appropriate REF for the parcel. The REF will be based on the percentage of impervious
c:\dos\policy.doc
area for the Commercial Component of the property. The agricultural charge shall be
equivalent to the current rate for agricultural property.
This policy shall be implemented by City Staff for any property which appears to satisfy
the criteria for an Agriculturally based Commercial Property. If a property owner feels
that a parcel should be reclassified as an Agriculturally Based Commercial Property,that
owner may request such reclassification in writing to the City Engineer.
All other policies and requirements of the Stormwater Drainage Utility Policy shall
remain unchanged and in effect. This amendment to the Stormwater Drainage Utility
Policy shall become effective as of the date of approval of the City Engineer, and will not
be applied retroactively unless approved otherwise by the City Engineer.
Approved: Ake
Date: 00C
Bruce Loney, City Engi er
c:\dos\policy.doc
I-N-F-O-R-M-A-T-I-O-N-A-L
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Election Update
DATE: October 3, 1995
This is the first year that residents within the City of
Shakopee will be voting for city council positions and school board
positions at the November City Election.
In an attempt to minimize any confusion for voters, the City,
School District and County Auditor (though their respective
election officials) are trying to coordinate and publicize election
activities.
1. Absentee ballots will be available at the city offices,
school district offices, and county auditor's office for City of
Shakopee and School District 720 ballots. The auditor's office
will also have absentee ballots for city and school district
elections in Savage and Prior Lake.
2. The Auditor's office will process all absentee ballots
on election day for all those who have voted absentee in the above
jurisdictions. (This will relieve the election judges at the
polling places from having this responsibility on election day.
The county has implemented this for the last two state elections. )
3 . The notice in the Shakopee Valley News regarding
absentee balloting has been prepared with input from both city and
school district election officials.
4 . The next issue of The Shakopee City News will reference
the elections for both the City and School Board Elections.
TENTATIVE AGENDA
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Session October 3, 1995
1. Roll Call at 7:00 P.M.
2. Approval of the September 5, 1995 minutes
3. Downtown Redevelopment Tax Increment District
4. Other Business
a)
b)
5. Adjourn
Dennis R. Kraft
Executive Director
OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY
REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 5, 1995
President Beard called the meeting to order at 7:04 P.M. with Comm.
Morke, VanHorn, Brekke, Sweeney, Lynch, and Laurent present. Also
present: Dennis R. Kraft, City Administrator; Barry Stock,
Assistant City Administrator; Karen Marty, City Attorney; Bruce
Loney, Public Works Director/City Engineer, Judith S. Cox, City
Clerk; Gregg Voxland, Finance Director; Paul Bilotta, Acting City
Planner; and Terrie Thurmer, Assistant City Planner.
Lynch/Morke moved to approve the August 1 and 15, 1995 Minutes.
Motion carried unanimously.
Dennis Kraft gave a brief introduction of Resolution No. 95-6 which
requests the City Council to consent to the tax levy for the EDA
and adopts the 1995 budget. After the HACA reductions of $4, 686. 00
the amount of the levy is $102 , 394 . 00. The proposed budget is
$119, 080.
Comm. Brekke inquired as to the acquisition process and how it fits
into the EDA budget.
Gregg Voxland explained that the costs are charged to a project and
not to the EDA budget itself.
Brekke/Lynch offered Resolution No. 95-6, A Resolution Requesting
The Shakopee City Council To Consent To The Levy Of A Special Tax
By The Economic Development Authority For The City Of Shakopee And
Adopting The 1996 Budget, and moved its adoption. Motion carried
unanimously.
Barry Stock explained that Resolution No. 1995-7 has been drafted
to clearly identify the EDA's method of financing the acquisition
of the properties within Blocks 3 & 4, and recommended its
approval.
Laurent/Brekke offered Resolution No. 1995-7 , A Resolution Of The
Shakopee Economic Development Authority Relating To The Use Of Tax
Increment Financing Funds For The Blocks 3 & 4 Redevelopment
Project, and moved its adoption. Motion carried unanimously.
Barry Stock explained that in reply to various questions raised at
the August 15th meeting, Mr. Hay had the following recommendations
for the EDA's consideration:
1. Establish a Downtown Redevelopment District.
2 . Develop and execute a reimbursement bond or
certificate.
Official Proceedings of the September 5, 1995
Shakopee Economic Development Authority Page -2-
Mr. Stock stated that Gregg Voxland has prepared a reimbursement
certificate in the amount of $1.9 million ($2 , 250, 000 in the TIF
plan for Blocks 3 & 4, less $350, 000 in the TIF plan for cash on
hand in 1996) . He said that without the certificate, bonds could
not be issued to replace any money spent on the project before the
bond proceeds are received except for administrative type expenses.
Mr. Stock stated that if the EDA concurs with Mr. Hay's
recommendation to create a Downtown Redevelopment District, the
appropriate documents calling for a public hearing would be
developed. The services of Springsted Financial Advisors will also
be utilized to perform the necessary financial calculations
associated with the new (but for) test.
Sweeney/Lynch moved to authorize the appropriate EDA officials to
prepare the necessary plans and documents associated with the
creation of a new Tax Increment Redevelopment District which
encompasses the parcels located within Blocks 3 and 4, OSP. Motion
carried unanimously.
Having no other business to come before the Shakopee Economic
Development Authority, President Beard adjourned at 7: 15 P.M. to
the first Regular Session in October.
Ilk NiaJA.
111•ith S. C
►A Secretary
Esther TenEyck
Recording Secretary
*�
MEMO TO: Dennis R. Kraft, EDA Executive Director
FROM: Barry A. Stock,Assistant City Administrator
RE: Downtown Redevelopment Tax Increment District
DATE: September 27, 1995
INTRODUCTION:
On September 5, 1995 the Shakopee EDA directed the appropriate City officials to
prepare the necessary plans and documents associated with the creation of a new tax
increment redevelopment district in downtown Shakopee.
BACKGROUND:
In order to create a tax increment district in downtown Shakopee a public hearing must be
scheduled to solicit comments. The City's bond counsel has prepared the necessary
resolution to call for a public hearing on the creation of a new tax increment district. The
EDA should formally request by motion City Council action to call for a public hearing
on the establishment of the new TIF district.
At the Shakopee City Council it would be appropriate to approve Resolution No. 4308.
(See attachment#1)
The Shakopee Planning Commission will be reviewing the tax increment documents
associated with the establishment of the new district at their October 5, 1995 meeting.
The Planning Commission must determine whether or not the creation of the new tax
increment district is in accordance with the Comprehensive Plan.
The public hearing for the establishment of the new tax increment district has been
scheduled for November 8, 1995. Not less then 10 nor more then 30 days prior to the
public hearing, a copy of the proposed tax increment district and accompanying TIF plan
amendments will be sent to the County and School District for their review and
comments.
ALTERNATIVES:
EDA:
1. Move to request City Council to schedule a public hearing for the establishment
of a new TIF District.
2. Do not proceed with the establishment of a new TIF District.
3. Table action pending further information from staff.
City Council:
1. Offer Resolution No. 4308, a resolution calling for a public hearing to create a
redevelopment tax increment district on the parcels identified as Blocks 3 & 4
Original Shakopee Plat.
2. Do not approve Resolution No. 4308.
3. Table action pending further information from staff
STAFF RECOMMENDATION:
Staff recommends alternative#1 in both cases.
ACTION REQUESTED:
Shakopee EDA-. Move to request City Council to schedule a public hearing for the
establishment of a new TIF District.
Shakopee City Council - Offer Resolution.No. 4308, a resolution calling for a public
hearing on the establishment of a new redevelopment tax increment district which
encompasses the property identified as Blocks 3 &4, OSP and move its adoption.
09/28/95 THU 15:34 FAX 6123407827 DORSEY & WHITNEY Z009
ATTACHMENT #1
Council person introduced the
following resolution and moved its adoption:
Resolution No. 4 3 0 8
Resolution Relating to Minnesota River Valley Redevelopment
Project No. 1; Calling Public Hearing on Establishment of Tax
Increment Financing District No. 10 And The Adoption of a
Tax Increment Financing Plan Therefor
BE IT RESOLVED by the City Council of the City of Shakopee,
Minnesota, as follows:
Section 1. Recitals.
1.01. The City has heretofore established its Minnesota River Valley
Redevelopment Project No. 1 (the "Redevelopment Project") and has approved and
adopted a Redevelopment Program for the Redevelopment Project (the
"Redevelopment Program").
1.02. The Economic Development Authority of the City (the "EDA")
has developed and presented to the City a proposal to develop a mixed retail and
commercial development on the following land located in the Redevelopment
Project (the "Project"): Lots 1 through 5, Block 3, and Lots 1 through 5, Block 4,
Original Plat of Shakopee (the "Land"); has requested that the City establish a tax
increment financing district comprising the Land and provide certain tax increment
assistance to the Project; and proposes to acquire and dear the Land and enter into a
development agreement with a private developer to acquire, construct, own and
operate the Project.
1.03. The Land is in a location making it suitable for a mixed
residential and commercial development, but has failed to develop due to several
factors including but not limited to: (a) fragmented ownership, (b) existing
structurally substandard buildings, (c) the high cost of acquiring and clearing the
land; and (d) the need for environmental studies and measures to protect the
environment. Financial assistance in the form of tax increment financing is
necessary to bring about and ensure the development of the Land for its highest and
best use, and within the foreseeable future, which development would be of
substantial benefit to the City and its residents and taxpayers.
1.04. Under the provisions of the Minnesota Tax Increment Financing
Act, Minnesota Statutes, Sections 469.174 through 469.179, as amended, the City has
authority to establish a tax increment financing district in the Redevelopment
Project as a "redevelopment district", as defined in Minnesota Statutes, Section
469.174, subdivision 10, but only if this Council determines by resolution that one of
the following condition, reasonably distributed throughout the area of the
09/28/95 THU 15:34 FAX 6123407827 DORSEY & WHITNEY fm 010
redevelopment district, exists: parcels consisting of 70% of the area of the TIF
District are occupied by building, streets, utilities or other improvements, and more
than 50% of the buildings are structurally substandard to a degree requiring
substantial renovation or clearance, within the meaning of Section 469.174,
Subdivision 10. Based upon information provided by the City Administrator, the
Council reasonably believes that the conditions described in this Section 1.04 exist
on the Land proposed to be included in the redevelopment district, that the Council
has authority to establish the a tax increment "redevelopment district" comprising
the Land, and that the establishment of the tax increment financing district as a
"redevelopment district" is in the best interests of the City.
1.05. Accordingly, the Council proposes to establish Tax Increment
Financing District No. 10 (the "TIP District No. 10") comprising the Land in the
Redevelopment Project, and to approve and adopt a tax increment financing plan
therefor. A proposed tax increment financing plan for TIF District No. 10 (the "TIF
Plan") has been prepared and presented to the Council.
Section 2. Public Hearing; Notice. A public hearing on the proposal to
establish the TIF District No. 10 and to approve and adopt the TIF Plan shall be held
at the City Hall on Wednesday, November 8, 1995, at 7:30 P.M. Notice of the public
hearing, in the form attached hereto as Exhibit A, shall be published in the official
newspaper of the City and in a newspaper of general circulation in the City not less
than ten (10) nor more than thirty (30) days prior to the hearing.
Section 3. Information to County and School District, Etc. Copies of
the notice of public hearing and the TIF Plan shall be sent by certified mail to the
governing bodies of Scott County and Independent School District No. 720, not less
than thirty (30) days prior to the hearing. The City Administrator shall provide
information concerning the proposal to the County and the School District, and
shall meet with them to discuss the proposal and the TIF Plan at their request.
Section 4. Financing Plan on File. The City Clerk shall place copies of
the TIF Plan on file in her office and is directed to make such copies available for
inspection by the public prior to the public hearing.
The motion was seconded by Councilperson
and, upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
-2-
09/28/95 THU 15:32 FAX 6123407827 DORSEY & WHITNEY 10002
TAX INCREMENT FINANCING PLAN
TAX INCREMENT FINANCING DISTRICT NO. 10
1. Application. This Tax Increment Financing Plan (the "TIF Plan") applies
to Tax Increment Financing District No. 10 of the City ("TIF District No. 10")
established within Minnesota River Valley Redevelopment Project No. 1 of the City
(the "Redevelopment Project").
2. Property Included in TIF District. The following real property is included
in the TIF District: Lots 1 through 5, Block 3, and Lots 1 through 5, Block 4, Original
Plat of the City of Shakopee.
These lots and blocks are divided into twelve tax parcels whose tax parcel
numbers and most recently determined estimated market value is as follows:
Block No. PID Nos. EMV -
Block 3 27-001034-0 $238,700
27-001035-0 87,200
27-001037-1 58,300
27-001037-0 37,500
27-001038-0 94,900
Block 4 27-001050-0 98,500
27-001046-0 18,400
27-001046-1 22,800
27-001045-0 40,200
27-001047-0 26,000
27-001047-1 29,000
27-001048-0 60,100
$811,600
3. Type of District. The TIF District qualifies and is designated as a
"redevelopment district" within the meaning of Minnesota Statutes, Section
469.174, Subdivision 10, because the following condition exists and is reasonably
distributed throughout the TIF District:
Each of the twelve tax parcels in the TIP District has buildings and
improvements located on it, and more than 50% of the buildings are
structurally substandard to a degree requiring substantial renovation or
clearance, within the meaning of Section 469.174, Subdivision 10.
Studies and analyses used to make this determination are as follows: Report of
Building Official, Fulton Schleisman, dated September 25, 1995.
09/28/95 THU 15:32 FAX 612340782 DORSEY & WHITNEY 0 003
4. Statement of Objectives. The objectives to be accomplished by the City in
establishing the TIF District are as follows: (1) to provide for the demolition and
removal of structurally substandard structures located on the property in the TIP
District; (2) to provide for the elimination of multiple ownership of the property in
the TIF District, and varying types of development and non-conforming uses on the
property; (3) to provide for the sale of the property to a private developer for
redevelopment into mixed retail and commercial use; (4) to provide for increased
job opportunities in the TIP District and the City; and (5) to provide for increased ad
valorem tax base in the TIF District and the City.
5. Development Program. The City, acting by and through its Economic
Development Authority, will take such actions as are permitted by law to
accomplish the objectives set forth in Section 4, including but not limited to the
following:
a. acquisition of all real property in the TIF District not owned by the City;
•
b. relocation of the residents and the businesses currently occupying the
property acquired;
c. demolition and clearing of the structures now located on the property;
d. the elimination of any environmental problems identified on the
property;
e. rezoning of the property, as necessary;
f. solicitation of development proposals for the property, and negotiation
and execution of a redevelopment agreement with a private developer
providing for the purchase and redevelopment of the property;
g. construction of local improvements needed to serve the property;
h. the establishment of wage and job goals with respect to the
redevelopment provided for in the redevelopment agreement; and
i. financing of the foregoing activities by borrowing existing tax
increment or other available funds from the City and/or the issuance
of bonds of the City.
Contracts currently in effect with respect to the above-described activities in the TIF
District are as follows: contract with Conworth, Inc. to negotiate for acquisition of
property and to provide relocation services.
- 2-
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6. Development; Timing. Development of the property within the TIF
District for mixed retail and commercial uses is expected to occur within three (3)
years after adoption of this plan.
7. Project Cost. The cost of the redevelopment activities to be undertaken by
the City is presently estimated to be as follows:
Type of Cost Estimated Amount
Land acquisition $1,400,000
Structure demolition 250,000
Relocation 250,000
Public improvements 100,000
Financing and Cap. Int. 150,000
Administrative 175,000
$2,325,000
The amount of bonded indebtedness expected to be incurred is up to $2,750,000. Tax
increments available from other tax increment financing districts in the
Redevelopment Project or other available moneys will be borrowed by the TIF
District and used temporarily to finance activities in the TIF District. Such tax
increment loans will be repaid with interest from tax increments derived from the •
TIF District or the proceeds of TIF Bonds issued in anticipation of such tax
increments. Other sources to be used to finance project costs include the City's
contribution as provided in section 8.
8. City Contribution to Project Cost. The City elects to make a qualifying local
contribution to the cost of the project in accordance with Minnesota Statutes,
Section 273.1399. The amount of the contribution shall be equal to 7.5% of the
present value of the tax increment derived from the TIF District.
9. Captured Tax Capacity. The net tax capacity of all property in the TIF
District as most recently determined is $37,334. Upon completion of redevelopment
of the property in the TIF District, the estimated tax capacity of the property in the
TIF District is expected to be$276,000 and the captured net tax capacity of the TIF
District is expected to be$238,666.
10. Duration of TIF District; Tax Increments. The TIF District is expected to
continue in effect until the earlier of (1) 25 years after the date of receipt of the first
tax increment or (2) the payment of all public costs of the redevelopment project
provided for in this plan.
- 3 -
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11. Estimate of Impact on Other Taxing Turisdictions. The City's alternate
estimates of the impact of tax increment financing on the net tax capacities of all
taxing jurisdictions in which the TIF District is located are as follows:
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09/28/95 THU 15:35 FAX 6123407827 DORSEY & WHITNEY I]011
EXHIBIT A
NOTICE OF PUBLIC HEARING
CITY OF SHAKOPEE
COUNTY OF SCOTT
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council (the "Council") of
the City of Shakopee, Scott County, State of Minnesota, will hold a public hearing on
Wednesday,November 8, 1995, at approximately 7:30 P.M. at the City Hall, 129
Holmes Street South, Shakopee, Minnesota, relating to the proposed establishment
of Tax Increment Financing District No. 10 within Minnesota River Valley
Redevelopment Project No. 1 of the City, and the proposed adoption of a Tax
Increment Financing Plan relating thereto, pursuant to Minnesota Statutes, Sections
469.174 to 469.179. A copy of the Tax Increment Financing Plan as proposed to be
adopted is on file and available for public inspection at the office of the City Clerk.
The attached map shows the boundaries of Minnesota River Valley
Redevelopment Project No. 1 and the proposed boundaries of Tax Increment
Financing District No. 10. Tax increments derived from Tax Increment Financing
District No. 10 may be expended within the Tax Increment Financing District and
Redevelopment Project No. 1 for the purposes specified in the Tax Increment
Financing Plan.
All interested persons may appear at the hearing and present their
views orally or in writing.
Dated: October 3, 1995.
BY ORDER OF THE CITY COUNCIL
Judith Cox
City Clerk
(attach and publish map]
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OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA, SEPTEMBER 5, 1995
Mayor Laurent called the meeting to order at 7:02 P.M. with Cncl.
Brekke, Beard, Sweeney, and Lynch present. Also present: Dennis
R. Kraft, City Administrator; Karen Marty, City Attorney, Barry
Stock, Assistant City Administrator; Bruce Loney, Public Works
Director/City Engineer; Judith S. Cox, City Clerk; Paul Bilotta,
Planning Director; Gregg Voxland, Finance Director; and Terrie
Thurmer, Assistant City Planner.
Items added to the agenda: 15a) Moratorium on Blocks 3 & 4
Downtown.
Sweeney/Lynch moved to approve the agenda as modified. Motion
carried unanimously.
Mayor Laurent recessed at 7:04 P.M. for an Economic Development
Authority meeting.
Mayor Laurent re-convened the Regular Session of the Shakopee City
Council at 7: 15 P.M.
Liaison reports were given by Councilmembers.
Mayor Laurent gave the Mayor's report.
Mayor Laurent asked if anyone present wished to speak on any item
not on the agenda. There was no response.
Items removed from Consent Business: 13i) 1995 Auditor
Authorization. 13m) Setting Proposed Maximum 1995 Tax Levy
Collectable in 1996. 14f) Approving Plans & specs and Ordering Ad
for Bid for St. Francis Sanitary Sewer and Watermain, 1995-2.
Beard/Lynch moved to approve the Consent Business as modified.
Motion carried unanimously.
Beard/Lynch moved to approve the Minutes of August 1st and August
8th, 1995. (Motion carried under Consent Business) .
Mr. Kraft has received a letter from the Scott County Administrator
requesting the Council's recommendations for the appointment of a
Manager to the Prior Lake/Spring Lake Watershed District Board. A
discussion relating to Minnesota Statute 112.42 ensued.
Sweeney/Brekke moved to receive and file the letter from the Scott
County Administrator regarding recommending a Manager to the Prior
Lake/Spring Lake Watershed District Board. Motion carried
unanimously.
- .._., .,. .. ... ... -v...-:.1. 5..•9r..-..She.. .. 1 '+1.Y:;•.... :.. . .... _ r •2:f..'a. :4.'
A -
Official Proceedings of the September 5, 1995
Shakopee City Council Page -2-
Mayor Laurent has received a letter from Jon Albinson on behalf of
the Ferry Bridge Festival Committee, requesting a contribution of
$1000 to help assist in defraying some of the costs involved in the
Festival to celebrate the launching of the new bridge.
A discussion as to appropriate use of tax payer funds ensued.
Lynch/Beard moved to authorize payment of $1000 for celebration of
the Ferry Bridge grand opening festivities.
Jon Albinson, Ferry Bridge Festival Committee, approached the
podium and explained the sequence of events beginning Thursday
evening, October 5th. The festival will be held at Canterbury Park
from 5: 00 - 9: 00 P.M. and patterned after the Derby Days Taste Of
Shakopee celebration. He explained that the funds are to be used
for this festival which is for the people of the community.
Motion carried with Cncl. Sweeney and Brekke dissenting.
Beard/Sweeney moved to remove discussion of the vacation of the
portion of the Spencer Street right-of-way north of TH 101 from the
table. Motion carried unanimously.
Terrie Thurmer stated that discussion relating to the vacation of a
portion of the Spencer Street right-of-way was tabled at the
February 21, 1995 public hearing to allow additional time to
evaluate the proposal. Due to the uncertainty of studies currently
underway staff felt that it would not be in the best interest of
the City to vacate this right-of-way with the possibility of having
to purchase additional land in the near future. The Planning
Commission recommended denial.
At the present time, it still appears that there is the possibility
of a public use for this right-of-way.
A discussion relating to the need to reserve an 80' right-of-way
ensued.
Paul Bilotta approached the podium and stated that because of the
• steepness of the trail an ADA requirement of 8% must be met.
Jim Perry, 415 1st Ave. , approached the podium wanting to clarify
whether or not the alley will continue to Main Street. He also
stated that he may not need the whole 40' . He just wants the area
to look nice and is okay if the City wants to do it. He said that
the grade of the trail would be better if angled.
Wallace Perry, 834 S Lewis St, approached the podium and stated
that 30 ' would be sufficient to clean up the area . He only wants
to improve the appearance and clean the area up. He stated that he
would provide a draft drawing of his plans.
Official Proceedings of the September 5, 1995
Shakopee City Council Page -3-
A discussion regarding the DNR trail within the right-of-way and
Mr. Perry's plans ensued.
Sweeney/Lynch moved to table discussion on the vacation of
Minnesota Street north of Hwy 101 until September 19, 1995 in order
to gather further information. Motion carried unanimously.
Beard/Lynch 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 $12, 275 plus tax and install
it at a location west of County Road 17 and north of County Road
14 . (Motion carried under Consent Business) .
Beard/Lynch offered Resolution No. 4283, A Resolution Amending
Resolution No. 4143 Adopting the 1995 Fee Schedule, and move its
adoption. (Motion carried under Consent Business) .
Beard/Lynch moved to approve the amendment to Administrative Policy
No. 238 - Jackson Township Recreation Contribution Policy. (CC Doc
#228) (Motion carried under Consent Business) .
Beard/Lynch moved to terminate Ms. Menden's probationary status.
(Motion carried under Consent Business) .
Beard/Lynch moved to appoint Sergeant John M. Flynn to the full-
time permanent position of police sergeant. (Motion carried under
Consent Business) .
Barry Stock stated that at the Committee of the Whole meeting in
late July, City Council directed staff to advertise for the
Recreation Superintendent position. Additionally, City Council
requested staff to research whether or not any other arrangement
could be set-up to manage the facility.
Mr. Stock has contacted Lifetime Fitness and Ogden Entertainment to
determine if they might be interested in managing/operating the
facility. Neither party has responded favorably at this time.
Mr. Stock is requesting City Council to consider authorizing the
appropriate City officials to advertise for the Assistant Arena
Manager position because the Recreation Superintendent position
will not be filled until late October.
All but approximately 500 hours of ice time have been booked. Mr.
Stock has contacted the Shakopee Hockey Association to determine if
they would be willing to help in scheduling the remaining ice arena
hours. The Hockey Association has indicated that they would be
willing to assist with the scheduling for a cost not to exceed
$500. 00. Mr. Stock recommended entering into an agreement with
Shakopee Hockey Association to book the remainder of the ice time.
Official Proceedings of the September 5, 1995
Shakopee City Council Page -4-
A discussion ensued relating to the intent of the re-organization
plan, the job title and job description for the Assistant Arena
Manager Position - to make it clear that the position would cover
the entire facility and not just the ice arena.
Sweeney/Lynch moved to authorize the appropriate City officials to
utilize the services of Scott County for the recruitment and
selection process associated with the Assistant Arena Manager
position, recognizing concerns about the job description and
allowing the City Administrator to address these concerns in the
job description. Motion carried unanimously.
Beard/Sweeney moved to authorize the appropriate City officials to
execute an agreement by and between the City of Shakopee and the
Shakopee Hockey Association for scheduling ice time at the Shakopee
Civic Center Arena between now and December 31, 1995 at a cost not
to exceed $500. 00. Motion carried unanimously.
Sweeney/Lynch offered Resolution No. 4284, A Resolution Amending
Resolution No. 4149 Adopting the 1995 Pay Schedule for the Officers
and Non-Union Employees of the City of Shakopee, and moved its
adoption. Motion carried unanimously.
Beard/Lynch moved to approve the use of Greystone Construction to
manage the procurement of furnishings, fixtures and equipment items
for the Shakopee Civic Center Project at a cost not to exceed
$5500. (Motion carried under Consent Business) .
Beard/Lynch moved to award the Shakopee Civic Center Project
Packages 6D - 6L to the contractors as noted in the summary
provided by Greystone Construction dated August 24, 1995 and
authorize the appropriate City officials to execute contracts
accordingly. (CC DOC #229) (Motion carried under Consent Business) .
Beard/Lynch moved to award the Shakopee Civic Center Bid Package #8
- Metal Roofing and Framing System Work to M. G. McGraff Inc. and
authorize the appropriate City officials to execute contract
documents accordingly (base bid $53,968) . (Motion carried under
Consent Business) .
Beard/Brekke moved to accept the proposal of Deloitte and Touche
for the provision of audit services for the 1995 fiscal year in the
amount of $16, 750 plus $50 per hour for auditing federal assistance
grants and authorize the appropriate city official to execute a
contract for the 1995 audit services. Motion carried unanimously.
Beard/Lynch moved to approve Bills in the amount of $142,583 .44.
(Motion carried under Consent Business) .
Official Proceedings of the September 5, 1995
Shakopee City Council Page -5-
Beard/Lynch moved to approve the application and grant a
pawnbroker's employee license to Julian Bond White, Shakopee Check
Cashing and Pawn, 1147 Canterbury Road. (Motion carried under
Consent Business) .
Beard/Lynch offered Resolution Number 4286, A Resolution Levying A
Tax At The Request Of The Economic Development Authority For The
City Of Shakopee, and moved its adoption. (Motion carried under
Consent Business) .
A discussion ensued as to whether or not the proposed fire
department budget should be adopted before the meeting with the
townships is held.
Sweeney/Brekke moved to table Res. No. 4287, Setting Proposed
Maximum 1995 Tax Levy Collectable in 1996 until September 15, 1995
at 3 : 30 P.M. Motion carried unanimously.
Beard/Lynch moved to authorize the appropriate City officials to
execute an agreement with Orr-Schelen-Mayeron & Associates, Inc. to
prepare a HEC-2 Flood Study on the Minnesota River in the vicinity
of Huber Park for a cost not-to-exceed $5, 000.00 and to authorize
payment from the Storm Sewer Utility Fund. (Motion carried under
Consent Business) .
Dennis Kraft stated that with the construction of Vierling Drive,
there will be a need for the City to acquire additional property in
the amount of 2 . 27 acres. Independent School District #720 has
agreed to sell the property for $17,500 per acre.
The City previously sold this land to the School District for
$13,200 per acre. Councilmembers questioned the increase in cost.
Mr. Kraft stated that he met with school officials and it is not
the intention to make the City pay additional money for the land.
Cost of the land will become part of the cost of the project. The
School District has agreed to reimburse the City $2 ,440.25 if the
right of way is purchased at the $17,500 per acre price.
Mr. Kraft also explained that in order to accommodate additional
runoff from the roadway project, an the existing stormwater pond
adjacent to the proposed Vierling Drive alignment will have to be
enlarged. The drainage easement needed for the pond and one
additional field catch basin is 0.97 acres.
Sweeney/Lynch moved to purchase the 2.27 acres of right of way from
the School District for $17, 500 per acre with the School
reimbursing the City $2, 440.25.
A discussion addressing the drainage easement ensued.
Motion carried unanimously.
Official Proceedings of the September 5, 1995
Shakopee City Council Page -6-
Sweeney/Brekke moved to purchase the drainage easement from the
School District at the same cost per acre as the right of way
(17, 500 per acre) . Motion carried unanimously.
Cncl.Sweeney stated that he would be abstaining on the easement
acquisitions for St. Francis Regional Medical Center Sewer and
Watermain Project because one of the parties receiving payment is a
client of his.
Mr. Loney stated that utility easements for the sanitary sewer and
trunk watermain extension to the St. Francis Regional Medical
Center are needed from four parcels.
Offers have been made to Ms. Sharron Bernhagen and Mr. & Mrs.
Eugene Hauer for the sanitary sewer and watermain easements. In
order to construct the improvements a permanent watermain easement
based on $1.50/square foot, a permanent sanitary sewer easement, at
no cost to the City, and a temporary easement, also at no
additional cost to the City are necessary.
Appraisers and real estate agents have been consulted and the $1.50
per square foot price for commercial property within MUSA is
acceptable.
The property owners have asked for four conditions which can be met
with the plans and specifications for the project.
Lynch/Beard moved to approve the payment of $18,250. 00 to Ms.
Sharron Bernhagen and $22, 100.00 to Mr. and Mrs. Eugene Hauer for
the execution of permanent and temporary easements for Project No.
1995-2, . St. Francis Regional Medical Center sanitary sewer and
trunk watermain improvements. Motion carried with Cncl. Sweeney
abstaining.
Sweeney/Brekke moved to promoted Paul Bilotta to fill the Planning
Director position at Step 3 of the pay plan, effective September 3,
1995. Motion carried unanimously.
Lynch/Sweeney moved to direct staff to initiate the process
necessary to fill the two Planner I positions. Motion carried
unanimously.
Beard/Lynch offered Resolution No. 4280, A Resolution Setting the
Public Hearing Date to Consider the Vacation of the 10.00 foot wide
drainage and utility easements located along the north 295.02 feet
of the west 10. 00 feet of Lot 2 and Lot 3 of Block 1, Cretex
Industrial Park 1st Addition, and moved its adoption. (Motion
carried under Consent Business) .
Official Proceedings of the September 5, 1995
Shakopee City Council Page -7-
Beard/Lynch offered Resolution No. 4282, A Resolution Of The City
Of Shakopee, Minnesota, Adopting A Community Policing Philosophy,
and move its adoption. (Motion carried under Consent Business) .
Beard/Lynch offered Ordinance No. 426, Fourth Series, An Ordinance
Of The City Of Shakopee, Minnesota, Renaming "Whitney Avenue",
Lying Within The Meadows West 1st Addition, To "Whitney Street",
and moved its adoption. (Motion carried under Consent Business) .
Beard/Lynch offered Resolution No. 4285, A Resolution Approving
Plans And Specifications And Ordering Advertisement For Bids For
The River District Trunk Sewer Rehabilitation Project No. 1995-9,
and moved its adoption. (Motion carried under Consent Business) .
Beard/Lynch offered Resolution No. 4288, A Resolution Prohibiting
Parking on Vierling Drive (MSAS 106) From County Road 79 To County
Road 77 Project No. 1995-6, and moved its adoption. (Motion
carried under Consent Business) .
A discussion ensued on amending specifications on the St. Francis
Regional Medical Center sanitary sewer and watermain improvements,
Project No. 1995-2 relating to liquidated damages on the contractor
as an incentive to complete the utilities by the deadline.
Karen Marty stated that the agreement between the City, SPUC, and
St. Francis Regional Medical Center for the watermain requires that
the contract for the utilities include liquidated damages being
imposed beginning October 3rd. St. Francis has agreed to extend
the absolute completion date to November 15th. The watermain must
be completed by December 1st. She stated that the draft addendum
to this, agreement provides that liquidated damages be imposed on
the contractor at $200 a day beginning November 15th. Beginning
December 1st, liquidated damages would be imposed at $1200 a day.
A discussion regarding penalties and incentives ensued.
Sweeney/Brekke moved to authorize a $500 a day bonus prior to
November 10th for completion of the watermain portion of the St.
Francis Regional Medical Center Utility Project, 1995-2 . Motion
failed with Cncl. Sweeney and Beard in favor.
Beard/Sweeney moved to authorize the appropriate City officials to
execute Addendum No. 1 To Agreement among St. Francis Regional
Medical Center, Shakopee Public Utilities Commission and the City
of Shakopee, dated February 14, 1995.
Brekke/Sweeney moved to amend the Addendum to begin accelerated
penalties on November 25th, 1995. Motion failed unanimously.
Motion carried unanimously on main motion.
Official Proceedings of the September 5, 1995
Shakopee City Council Page -8-
Brekke/Sweeney moved to direct staff to include in the contract
specifications for the St. Francis Regional Medical Center Sanitary
Sewer and Watermain Project No. 1995-2 an accelerated penalty for
the watermain portion beginning on November 25, 1995 for $1,200 per
day. Motion carried with Cncl. Lynch dissenting.
Sweeney/Lynch offered Resolution No. 4289, A Resolution Approving
Plans and Specifications and Ordering Advertisement for Bids for
the St. Francis Regional Medical Center Sanitary Sewer and
Watermain Improvements, Project No. 1995-2, and moved its adoption.
Motion carried unanimously.
Beard/Lynch offered Resolution No. 4290, A Resolution Authorizing
Issuance And Sale Of $3 , 180,000. General Obligation
Improvement Bonds, Series 1995A, and moved its adoption. (Motion
carried under Consent Business) .
Beard/Lynch offered Resolution No. 4291, A Resolution Authorizing
Issuance And Sale Of $1, 150, 000 General Obligation Storm Water
Revenue Bonds, Series 1995B, and moved its adoption. (Motion
carried under Consent Business) .
Cncl. Beard spoke about the moratorium for Blocks 3 & 4 and its
expiration in September. He asked if the moratorium would be
extended or whether the City will begin issuing permits when
applications are received.
Barry Stock stated that without the moratorium, nothing would
preclude the property owners from obtaining building permits. He
suggested that the moratorium be extended for an additional six
months, . recommending that the ordinance be considered at the
September 15th meeting.
Sweeney/Lynch moved to direct staff to prepare the appropriate
ordinance to extend the moratorium in Blocks 3 & 4 for Council
consideration on September 15th. Motion carried unanimously.
Mayor Laurent recessed the meeting at 9:30 P.M. for an executive
session to discuss matters permitted under attorney-client
privilege.
Mayor Laurent re-convened the meeting at 9:47 P.M. and stated that
no action was taken during the executive session.
Mayor Laurent adjourned the meeting to Friday, September 15th at
3 :30 P.M. The meeting was adjourned at 9:47 P.M.
- 6)2(1/
Judith S. Cox, City Clerk
Esther TenEyck, Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REG.SESSION SHAKOPEE, MINNESOTA SEPTEMBER 15, 1995
Mayor Laurent called the meeting to order at 3 : 30 P.M. with
Councilmembers Brekke, Beard, and Sweeney present.
Cncl.Lynch was absent. Also present: Dennis R Kraft, City
Administrator; Karen Marty, City Attorney; Judith S. Cox,
City Clerk; and Gregg Voxland, Finance Director.
Sweeney/Brekke offered Resolution No. 4287, A Resolution
Setting Proposed Maximum 1995 Tax Levy, Collectible in 1996,
and moved its adoption. Cncl. Sweeney noted that this
resolution includes option two as discussed at the Committee
of the Whole (on Sept. 12th) . Motion carried unanimously.
Beard/Brekke offered Ordinance No. 427, An Ordinance Of The
City Of Shakopee, Minnesota, Extending The Interim Ordinance
Restricting Development In Blocks 3 And 4 , Original Shakopee
Plat, For An Additional Period of 12 Months, and moved its
adoption. Motion carried unanimously.
Sweeney/Beard moved to authorize the purchase of two full
size police squads from Superior Ford in the amount of
$38, 344 . 00 plus dealer delivery in accordance with the
Hennepin County Cooperative contract. Motion carried
unanimously.
Mayor Laurent updated the Councilmembers on a meeting that
took place this morning with county officials regarding the
proposals to expand the county facilities.
Mayor Laurent adjourned the meeting to September 19, 1995 at
7 : 00 P.M. The meeting was adjourned at 3 : 51 P.M.
Clotti:LJ •
u ith S. Cox
(C'ty Clerk
cording Secretary
7
Shakopee Ice Arena ice hours for 1995-1996.
Open Skate 139
Shakopee High School 145
Shakopee Prior Lake Hockey Ass. 246
Eagan Hockey Ass. 94
Chaska Hockey Ass. 43
Minnetonka Hockey Ass. 39
696
Est. Incone $61,030
/ate
September 18, 1995
Shakopee CityCouncil,
P
For the past two years you have graciously donated use of the
old City Hall to the Seniors All Night Party workers. This is our
first child in the Senior High and last year was our first opportunity
to get involved with the all night party.
The City Hall building worked out great for decorating. The
rooms were full of excited parents working together to make one
last memorable night for all the graduates to share. When we saw
the transformation the decorations made to the Junior High School,
we were really impressed.
Thank you all for helping out inthe past. We would really appre-
ciate it if we could use the building again this year. We will check
with Barry Stock to see what you decide.
Sincerely,
Ken and Tyanne Breimhorst
Senior All Night Party Cochairs
ACTION REQUESTED:
Move to authorize the use of the ,old City Hall building for the
Senior All Night Party Decorating Committee with the understanding
that the City may request that the premises be vacated upon issuing
a 30 day notice to vacate.
yob,
PARAGON
C A e l E
MINN , O T A
September 29, 1995
Barry Stock VIA_FAX
Assistant City Manager
City of Shakopee
129 Holmes Street South
Shakopee,MN. 55379
Dear Barry:
Thanks for taking a minute to speak with me this morning regarding the interference problems we have
been experiencing with the government access channel(channel 34)in Shakopee. We genuinely
appreciate the patience the City has shown as we have continued to pursue the cause of the interference
and fix it. We have found that there is one specific cause of the interference,which has been easier to
diagnose than correct. So that you and other representatives of the City are up to date on our progress,
the following is a synopsis of the situation as it stands today.
The source of the interference seen on channel 34 is a radio signal being broadcast by a ham radio
operator in Shakopee,which happens to share the frequency of the cable signal we use to send the
government access channel from City Hall back to our headend facility.
To illustrate how this interference can happen, it is important to first understand that a cable system is
intended to be a closed system;that is,the system uses shielded coaxial cable to distribute video signals
to our customers. In a perfect world this means that unwanted television or radio broadcast signals do
not interfere with the channels on the cable system,nor do cable signals go out into the air to interfere
with broadcast stations. However,in the real world,cracks can develop in the cable,(due to just about
anything from squirrel chews to corrosion),or electronic components can operate improperly,and
signals from sources outside the cable system can thus interfere with the reception of cable channels by
customers. In the case of the ham radio operator,the signal the ham radio operator was using to transmit
was of sufficient strength,and was on the right frequency,to cause interference only on the government
channel.
This problem had been reported to us by City staff several months ago,and we felt we had corrected it at
that time,only to have it reoccur. We determined that if we were to leave the government channel on its
present return frequency,and find and attempt to fix the problem by repairing all potential sources where
the signal could"teak"into the system,would involve a painstaking search of the cable and components
between City Hall and our headend facility—literally miles of cable and hundreds of pieces of electronic
801 Plymouth Avenue North,Minneapolis,Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626
A KBLCOM+ncnrporated company
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03'd 1W.Oi.
Barry Stock
September 29, 1995
Page 2 .
equipment On Friday,September 15 we decided to install a piece of electronic equipment which would
drastically reduce the level of interference while we worked on a more permanent solution.
The permanent solution we have elected to pursue is to simply change the return frequency of the
government channel. This does not mean the channel location on the subscriber network will change(it
will still appear in customer's homes on channel 34). Rather,the channel we use to bring the channel to
our headend will change to another channel which is less prone to interference. Change is possible
because we completed the fiber optic cable connection between our Eden Prairie facility and the
Shakopee headend in late June of this year.
The complicating factor in this solution,which has not allowed us to make the change to this point, is
that the alley project between 1st and 2nd streets(from Somerville to Holmes)has prevented us from
constructing the connection we need between City Hall and the new cable. The good news is that,while
it is not our preferred permanent solution,we will be able to construct a temporary connection through
the alley project and make the change. We fully expect to implement this temporary solution by Friday,
September 29th. By the time the alley project is completed,we will have replaced the temporary
connection and the interference should be fully eliminated.
Once we replace the cable mentioned above,we will have a better determination of the overall picture
quality of the government channel on the system. We believe that there may be other minor problems,
perhaps within City Hall itself,which are causing some additional interference. However, it would be
premature to address those issues until the solution we have discussed is implemented,and the primary
interference issue is thoroughly resolved to our satisfaction. We will work with you or other City staff to
visit these other issues as we reach that stage.
Barry,as we discussed,I expect to be in attendance at the Council meeting on October 3,along with
Bernie Doffing,our Technical Operations Manager,to answer any further questions you or the Council
may have regarding the issue.
Thanks again for your patience as we work through the process of correcting the reception problems the
government channel has been experiencing.
Sincerely,
4V7i -
Mark
Hammerstrom
Director of Nortel Operations
c: Wayne Knighton
Kim Roden
Matt Haviland
Bernie Doffing
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/1
Memo To: Dennis Kraft, City Administrator
From: Nicole E.Bennett,Planner I
Meeting Date: October 3, 1995
Re: Vacation of Drainage and Utility Easements Located within Cretex Industrial
Park 1st Addition
Introduction
The City has received a petition from Donald A. Schumacher, Vice President of Finance for Cretex
Industries, Inc., for the vacation of drainage and utility easements located within Cretex Industrial Park
1st Addition. The easements proposed for vacation are the 10.00 foot wide drainage and utility
easements located along the north 295.02 feet of the west 10.00 feet of Lot 2 and Lot 3, Block 1,
Cretex Industrial Park 1st Addition.
A copy of the September 7, 1995, Planning Commission staff memo has been attached for your
reference. At this meeting, the Planning Commission recommended approval of the vacation to the
City Council.
Discussion
This vacation request is being made to correct an error in the legal description for a vacation that was
approved in August 1994. The current request is for the vacation of two 10.00 foot wide drainage and
utility easements located along the north 295.02 feet of the west 10.00 feet of Lot 2 and Lot 3, Block
1, Cretex Industrial Park 1st Addition.
Alternatives
1. Approve the vacation request.
2. Do not approve the vacation request, stating the reasons for denial.
3. Continue the public hearing, and request additional information from the applicant and/or staff.
Planning Commission Recommendation
The Planning Commission has recommended the approval(Alternative No. 1)of the vacation request.
Action Requested
Offer Resolution No. 4303, A Resolution Approving the Vacation of Two 10.00 Foot Wide Drainage
and Utility Easements Located Along the North 295.02 Feet of the West 10.00 Feet of Lot 2 and Lot
3,Block 1, Cretex Industrial Park 1st Addition, and move its adoption.
i:\planning\cc\1995\cc1003\vaccretx.doc
RESOLUTION NO. 4303
A RESOLUTION OF THE CITY OF SHAKOPEE
APPROVING 1"HE VACATION OF TWO 10.00 FOOT WIDE DRAINAGE
AND UTILITY EASEMENTS LOCATED ALONG THE NORTH 295.02 FEET
OF THE WEST 10.00 FEET OF LOT 2 AND LOT 3,BLOCK 1,
CRETEX INDUSTRIAL PARK 1ST ADDITION
WHEREAS, two 10.00 foot wide drainage and utility easements have been dedicated along
the north 295.02 feet of the west 10.00 feet of Lot 2 and Lot 3, Block 1, Cretex Industrial Park 1st
Addition;and
WHEREAS, it has been made to appear to the Shakopee City Council that portions of the
aforementioned drainage and utility easements serve no public use or interest; and
WHEREAS, the public hearing to consider the action to vacate was held in the Council
Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 3rd day of October, 1995; and
WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY
NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor
of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the
Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and
WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be
heard at the public hearing in the Council Chambers in the City of Shakopee.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA:
1. That it finds and determines that the vacation hereinafter described is in the public interest;
2. That the two 10.00 foot wide drainage and utility easements located along the north 295.02
feet of the west 10.00 feet of Lot 2 and Lot 3, Block 1, Cretex Industrial Park 1st Addition,
Scott County,Minnesota, serve no further public need;
3. That all that part of the two 10.00 foot wide drainage and utility easements located along the
north 295.02 feet of the west 10.00 feet of Lot 2 and Lot 3,Block 1, Cretex Industrial Park 1st
Addition, Scott County,Munnesota, is hereby vacated; and
4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the
County Auditor and County Recorder of Scott County.
Adopted in session of the City Council of the City of Shakopee,Minnesota,
held the day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONSENT
Memo To: Shakopee Planning Commission
From: Nicole Bennett, Planning Intern
Meeting Date: September 7, 1995
Re: Vacation of Drainage and Utility Easements
Site Information:
Applicant: Donald A. Schumacher, Vice President of Finance, Cretex Industries, Inc.
Location: South of the Blue Lake Treatment Plant on the South Side of TH 101,
Block 1, Cretex Industrial Park 1st Addition
Current Zoning: Heavy Industrial, I-2
Adjacent Zoning: North: I-2 Heavy Industrial
South: I-2 Heavy Industrial
East: B-1 Highway Business
West: I-2 Heavy Industrial
Comp. Plan: 1980: Commercial
Draft 1995: Heavy Industrial
MUSA: The site is within the MUSA and can be served by all municipal utilities
Introduction
The City has received a petition from Donald A. Schumacher, Vice President of Finance for Cretex
Industries, Inc., for the vacation of drainage and utility easements located within Cretex Industrial Park
1st Addition. The easements proposed for vacation are the 10.00 foot wide drainage and utility
easements located along the north 295.02 feet of the west 10.00 feet of Lot 2 and Lot 3, Block 1,
Cretex Industrial Park 1st Addition.
This request is being made to correct an error in the legal description for a vacation that was approved
in August 1994. The City Council will hold a public hearing on October 3, 1995, to consider this
vacation request. At that time, comments form staff members and utilities as well as a recommendation
from the Planning Commission will be presented to the City Council for their consideration. A
recommendation from the Planning Commission is necessary for the vacation process.
Background and Discussion
Attached is a portion of the zoning map showing the location of the subject site (See Exhibit A). This
area was annexed into the City of Shakopee in October 1971 from Eagle Creek Township. Cretex
1.
Industrial Park 1st Addition was platted in 1978. Also attached is a portion of the original plat
showing the drainage and utility easements that were dedicated with this plat. (See Exhibit B). Ten
(10) feet of drainage and utility easements were originally dedicated on each side of the lot lines
between Lot 1 and Lot 2, and between Lot 2 and Lot 3, Block 1.
In June 1994, Lots 1,2 and 3 were rezoned from Highway Business (B-1) to Heavy Industrial (I-2) at
the request of Princess Marble Company. All three lots were proposed for industrial development by
Princess Marble; however, Princess Marble decided to develop at a different location.
Cretex Avenue was vacated in 1984. This vacation occurred in response to a request from Cretex
Industries, Inc., to vacate the roadway in exchange for an easement given to the City of Shakopee to
construct a frontage road for TH 101. Construction of the frontage road never occurred. Due to the
vacation of Cretex Avenue, the only direct access to Lots 2 and 3, block 1, is from TH 101. Because
this is unacceptable from a traffic safety perspective, Cretex Industries submitted an application for a
Minor Subdivision to consolidate three lots into one lot. The Minor Subdivision and vacation of the
roadway and utility easements were approved in the fall of 1994.
The current request for the vacation of two 10 foot wide drainage and utility easements along the north
295.02 feet of the west 10.00 feet of Lot 2 and Lot 3, Block 1, Cretex Industrial Park 1st Addition is
being made to correct an error in the legal description for the vacation that was approved in August
1994.
For a better understanding of the result of this vacation, the Planning Commission may want to refer to
the attached Exhibits C and D. These exhibits provide the following illustrations:
Exhibit C:
• Shows the location of the original lot lines between Lot 1 and Lot 2, and between Lot 2 and Lot 3,
Block 1, as they were platted with Cretex Industrial Park 1st Addition in 1978.
• Shows the location of the portions of the two existing 10 foot wide(20 feet on each side of the lot
line) drainage and utility easements that were dedicated with the original plat, and approved for
vacation in August 1994.
• Shows the location of the two 10 foot wide drainage and utility easements located along the north
295.02 feet of the west 10.00 feet of Lot 2 and Lot 3, Block 1, proposed for vacation.
Exhibit D:
• Shows the results of the proposed vacation.
The draft 1995 Comprehensive Plan has designated the area for heavy industrial development. This
land use category allows for a variety of industrial activities such as manufacturing, assembly,
warehousing and wholesaling, retail sales of heavy industrial or manufacturing equipment, landscaping
services and contractors, and other industrial uses and services. Commercial activities would not be
2
allowed unless specifically mentioned in the zoning districts which implement this land use plan
category. Housing is not allowed. The vacation of these portions of the drainage and utility easements
is not in conflict with the goals of the Comprehensive Plan.
Alternatives
1. Recommend to the City Council approval of the request for vacation of the drainage and utility
easements.
2. Recommend to the City Council denial of the request for vacation of the drainage and utility
easements.
3. Table the decision and direct staff and/or the applicant to provide additional information.
Staff Recommendation
Staff recommends Alternative No. 1.
Action Requested
Offer a motion to recommend to the City Council approval of the request for vacation of the drainage
and utility easements, and move its approval.
3
EXHIBIT A
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September 29, 1995
TO: The Honorable Mayor Laurent
Members of the Shakopee City Council
FROM: Linda Bergherr and Joseph T. Johnson
RE: Appeal of the decision of the Board of Adjustment and Appeals as it pertains to
the request for a 2 1/2' variance
We appreciate the opportunity to respond to the findings of the Board of Adjustment
and Appeals August 3 meeting. Please note that since the August 3 meeting, it has
been determined that we only need to reduce the side yard setback by 1 1/2' and not
2 1/2', as originally requested.
Criterion One
With respect to 1.A. ,"the property in question cannot be put to a reasonable use if
used under conditions allowed by the official controls", the Board of Adjustment and
Appeals has stated that our home can continue to be used as a single family dwelling
if this variance is not granted. We cannot disagree with this finding; however, we find
1.A. to be extremely confining and find it difficult to undertand how any remodeling
project would be allowed. It seems that only a new home or remodeling of a
condemned structure would qualify under the city's explanation of "undue hardship"
since any "existing home" would continue to be used as such. In our opinion, this
criterion appears to be a "catch 22" and could be used to disallow almost any project.
In reponse to Criterion 1.B., we would like to elaborate on why we feel there are
circumstances unique to our property which necessitated the variance request. The
houses in our neighborhood are set back from the street 35 to 40 feet for uniformity,
and the lots on our side of the street slope downward from front to back. The top of our
foundation is below street level and could not have been built any farther back on the
lot where it was wider since it then would have encountered severe water problems.
In our opinion, our lot is unique since its elevation is below street level and the house
is turned at an angle on the property. These conditions were created by the previous
owner.
In response to 1.C., the ordinance for a 20' side yard setback was created by the city
in 1979 after this development was planned, platted, and after several other homes
were built. Prior to 1979, the setbacks were 15' for this property. Please note that
according to the August 3 minutest the Board of Adjustment and Appeals ruled that the
circumstances were not created by the landowner but were created by the city when_
they changed the side yard setback to 20'.
In response to 1.D., four of the 22 homes in our immediate neighborhood are less than
20' from the side lot line. About 12 of the 22 homes have less than 45' separating
them. Our home is over 60' from either of the homes next to our lot. Reducing the
distance to our neighbor's home by 1 1/2' will not alter the essential character of the
area. Again, please note that according to the August 3 minutes, the Board of
Adjustment and Appeals ruled that granting this variance will not alter the character of
the locality.
The Board's response to 1.E. suggests that there is sufficient space in the rear yard for
expansion which would not require a variance. It is our contention that there is no
other practical place to build a three season porch. There is a 10' wide atrium door on
the lower level in the center of the house over which the header supports 1/2 the load
of the main floor living room and 1/2 the load of the roof trusses which span 24' at that
point. Neither a deck nor a porch should be located over or anchored to this header.
Our bedroom is on the southwest end of the house, and the septic tank is located
where the footings of the proposed porch would have to be placed (not a good
construction practice. ) Placing the porch on the west end of the house means that it
would be an extension of our bedroom and would necessitate the removal of several
trees, thus altering the character of our neighborhood. One member of the Board of
Adjustment and Appeals viewed this property and agreed with the proposed location
of the porch.
Criterion Two:
The Board of Adjustment and Appeals stated that this variance request is in conflict
with the Zoning Chapter's purposes, specifically A. and D.
A. Please note that the Board of Adjustment and Appeals has agreed that this
variance, if granted, would not alter the essential character of the locality (1.D.)
Therefore, we find it hard to understand how our request is in conflict with the "planned
and orderly development of residential land; providing adequate light, air, and access
to the property". We feel that there is ample light, air, and access to our back yard by
any vehicle.
D. The majority of the homes in our neighborhood are closer together than our home
is to our two immediate neighbors. We do not feel that this request will contribute to
the overcrowding of our property or anyone else's property.
(Hypothetically, the construction of a 150' X 60' two story structure in our back yard
would not require a variance if it did not encroach on the 20' sideyard setback; yet this
structure would conflict considerably more with both A. and D. than our request for the
1 1/2' variance.)
Thank you for your consideration of this request.
#/a a .
September 29, 1995
TO: The Honorable Mayor Laurent
Members of the Shakopee City Council
FROM: Linda Bergherr and Joseph T. Johnson
RE: Appeal of the decision of the Board of Adjustment and Appeals as it pertains to
the request for a 2 1/2' variance
We appreciate the opportunity to respond to the findings of the Board of Adjustment
and Appeals August 3 meeting. Please note that since the August 3 meeting, it has
been determined that we only need to reduce the side yard setback by 1 1/2' and not
2 1/2', as originally requested.
Criterion One
With respect to 1.A. ,"the property in question cannot be put to a reasonable use if
used under conditions allowed by the official controls", the Board of Adjustment and
Appeals has stated that our home can continue to be used as a single family dwelling
if this variance is not granted. We cannot disagree with this finding; however, we find
1.A. to be extremely confining and find it difficult to undertand how any remodeling
project would be allowed. It seems that only a new home or remodeling of a
condemned structure would qualify under the city's explanation of "undue hardship"
since any "existing home" would continue to be used as such. In our opinion, this
criterion appears to be a "catch 22" and could be used to disallow almost any project.
In reponse to Criterion 1.B., we would like to elaborate on why we feel there are
circumstances unique to our property which necessitated the variance request. The
houses in our neighborhood are set back from the street 35 to 40 feet for uniformity,
and the lots on our side of the street slope downward from front to back. The top of our
foundation is below street level and could not have been built any farther back on the
lot where it was wider since it then would have encountered severe water problems.
In our opinion, our lot is unique since its elevation is below street level and the house
is turned at an angle on the property. These conditions were created by the previous
owner.
In response to 1.C., the ordinance for a 20' side yard setback was created by the city
in 1979 after this development was planned, platted, and after several other homes
were built. Prior to 1979, the setbacks were 15' for this property. Please note that
according to the August 3 minutes, the Board of Adjustment and Appeals ruled that the
circumstances were not created by the landowner but were created by the city when
they changed the side yard setback to 20'.
\Y
In response to 1.D., four of the 22 homes in our immediate neighborhood are less than
20' from the side lot line. About 12 of the 22 homes have less than 45' separating
them. Our home is over 60' from either of the homes next to our lot. Reducing the
distance to our neighbor's home by 1 1/2' will not alter the essential character of the
area. Again, please note that according to the August 3 minutes. the Board of
Adjustment and Appeals ruled that granting this variance will not alter the character of
the locality.
The Board's response to 1.E. suggests that there is sufficient space in the rear yard for
expansion which would not require a variance. It is our contention that there is no
other practical place to build a three season porch. There is a 10' wide atrium door on
the lower level in the center of the house over which the header supports 1/2 the load
of the main floor living room and 1/2 the load of the roof trusses which span 24' at that
point. Neither a deck nor a porch should be located over or anchored to this header.
Our bedroom is on the southwest end of the house, and the septic tank is located
where the footings of the proposed porch would have to be placed (not a good
construction practice. ) Placing the porch on the west end of the house means that it
would be an extension of our bedroom and would necessitate the removal of several
trees, thus altering the character of our neighborhood. One member of the Board of
Adjustment and Appeals viewed this property and agreed with the proposed location
of the porch.
Criterion Two:
The Board of Adjustment and Appeals stated that this variance request is in conflict
with the Zoning Chapter's purposes, specifically A. and D.
A. Please note that the Board of Adjustment and Appeals has agreed that this
variance, if granted, would not alter the essential character of the locality (1.D.)
Therefore, we find it hard to understand how our request is in conflict with the "planned
and orderly development of residential land; providing adequate light, air, and access
to the property". We feel that there is ample light, air, and access to our back yard by
any vehicle.
D. The majority of the homes in our neighborhood are closer together than our home
is to our two immediate neighbors. We do not feel that this request will contribute to
the overcrowding of our property or anyone else's property.
(Hypothetically, the construction of a 150' X 60' two story structure in our back yard
would not require a variance if it did not encroach on the 20' sideyard setback; yet this
structure would conflict considerably more with both A. and D. than our request for the
1 1/2' variance.)
Thank you for your consideration of this request.
i 0,,
Memo To: Dennis Kraft, City Administrator
From: Terrie A. Thurmer, Assistant City Planner
Date: September 29, 1995
Re: Appeal of the Decision of the Board of Adjustment and Appeals regarding
PC-724, Variance: 2.5 Foot Variance to the 20 Foot Side Yard Setback
Requirement in the Rural Residential (RR)Zone.
Introduction
Joseph T. Johnson and Linda K Burgher requested a variance to Section 11.24, Subd.
5.C, regarding the 20 foot side yard setback requirement within the Rural Residential (RR)
Zone in order to construct a three season porch.
At the August 3, 1995, meeting, the Board of Adjustment and Appeals denied the request
for the Variance. The applicants have appealed this decision to the City Council. A copy of
the August 3, 1995, Board of Adjustment and Appeals staff memo has been attached for
your reference. Please refer to this Staff Memo, as well as the August 3, 1995, meeting
minutes, for background information regarding this variance request.
Discussion
The Shakopee Board of Adjustment and Appeals held a public hearing regarding this
request at their August 3rd meeting. At this meeting, the variance request was denied. The
applicant has submitted the attached letter requesting an appeal of the decision of the
Board of Adjustment and Appeals.
Section 11.89, Subd. 6, regarding appeals, states that, "Any person aggrieved by a decision
of the Board of Adjustment and Appeals regarding a variance may have such decision
reviewed by the City Council if a request for review is submitted to the Zoning Administrator
within 10 days of the date of the decision. The appeal shall be in writing and shall include a
statement of the alleged errors or omissions of the Board."
The City Council scheduled a hearing at their September 19, 1995, meeting. However, the
applicant requested that this item be tabled to the October 3, 1995, meeting.
Alternatives
1) Uphold the decision of the Board of Adjustment and Appeals and affirm the denial of
the variance request.
2) Overturn the decision of the Board of Adjustment and Appeals and approve the
variance request, including a list of the errors and omissions of the Board.
3) Continue the public hearing and table the decision to allow the applicant and / or
staff to provide additional information.
Staff Recommendation
Staff recommends Alternative No. 1.
Action Requested
1. Remove this item from the table; and
2. Offer Resolution No. CC-724, A Resolution Upholding the Denial of a 2.5 foot variance
to Section 11.24, Subd. 5.C, and move its adoption.
(NOTE: If the City Council concurs with the recommendation of the Board of Adjustment
and Appeals, the City Council should offer Resolution No. CC-724 which UPHOLDS the
decision of the Board TO DENY the variance request, and move its adoption.)
is\planning\cc\1995\cc0919\appeafjo.919
RESOLUTION NO. CC-724
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
UPHOLDING THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS
TO DENY A REQUEST FOR A VARIANCE TO SECTION 11.24, SUBD. 5.C.
WHEREAS, Joseph T. Johnson and Linda K Burgher, the applicants and
owners, have filed an application dated June 16, 1995, for a variance under the
provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code,
Section 11.89, Subd. 3, for a variance to the 20 foot side yard setback requirement
(Section 11.24, Subd. 5.C); and
WHEREAS, this parcel is presently zoned Rural Residential (RR); and
WHEREAS, the property upon which the request is being made is legally described
as:
Lot 6, Block 3, Timber Trails Addition; and
WHEREAS, notice was provided and on August 3, 1995, the Board of Adjustment
and Appeals conducted a public hearing regarding this application, at which it heard from
the Planning Director and invited members of the public to comment; and
WHEREAS, at the conclusion of the public hearing, the Board of Adjustment and
Appeals voted to deny the application based on the following findings with respect to
City Code Section 11.89, Subd. 2, 'Criteria for Granting Variances':
Criterion I
The strict enforcement of the ordinance provisions would cause undue hardship because of
circumstances unique to the individual property under consideration. Undue hardship
means the following:
1.A. The property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls;
The Board of Adjustment and Appeals finds that the subject site is currently being
used as a single family residential dwelling which appears to be an appropriate use
of thero
p party.
1.B. The plight of the landowner is due to circumstances unique to the property;
The Board of Adjustment and Appeals finds that the lot is not unusually shaped, nor
does it have any other unique circumstances.
1.C. The circumstances were not created by the landowner;
The Board of Adjustment and Appeals finds that the circumstances creating this
request were created by the landowner's desire to erect a three season porch within
the required setback. No actions by an outside party have created the need for this
request
1.D. The variance, if granted,will not alter the essential character of the locality;
and
The Board of Adjustment and Appeals finds that the granting of this variance would
alter the essential character of the area by reducing the side yard setback to below
the minimum allowed within the RR Zone.
1.E. The problems extend beyond economic considerations. Economic
considerations do not constitute an undue hardship if reasonable use for the
property exists under the terms of the ordinance.
The Board of Adjustment and Appeals finds that the circumstances creating this
request do not appear to extend beyond the economic considerations of the
applicant There seems to be sufficient space in the rear yard for expansion.
Criterion 2
It has been demonstrated that a variance as requested will be in keeping with the spirit and
intent of this Chapter.
The Board of Adjustment and Appeals finds that this variance request is in conflict with the Zoning
Chapter's stated purposes of encouraging the planned and orderly development of residential land;
providing adequate light, air and convenience of access to the property; and preventing
overcrowding of land with undue concentrations of population and structures.
Criterion 3
The request is not for a use variance.
The Board of Adjustment and Appeals finds that this request is not for a use variance and therefore
this criterion is satisfied.
Criterion 4
Conditions to be imposed by the Board of Adjustment and Appeals will ensure compliance
and to protect the adjacent properties.
The Board of Adjustment and Appeals did not propose to impose any additional conditions as part
of this variance request
WHEREAS, a written appeal was filed with the City Administrator within ten days
of the action of the Board of Adjustment and Appeals; and
WHEREAS, the City Council has reviewed the application, the record before the
Board of Adjustment and Appeals, and the Board of Adjustment and Appeal's action,
and found no substantial errors or omissions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, as follows:
That the City Council hereby upholds the decision by the Board of Adjustment and Appeals
and denies a 2.5 foot variance to Section 11.24, Subd. 5.C.
Passed in session of the City Council of the City of Shakopee,
Minnesota, held this day of . 1995.
Mayor of the City of Shakopee
Attest:
City Clerk
Approved as to form:
City Attorney
Applicant: Joseph T. Johnson and Linda K. Burgher
Memo To: Shakopee Board of Adjustment and Appeals
From: Nicole Bennett, Planning Intern
Meeting Date: August 3, 1995
Re: Variance-2.5 Foot Variance to the 20 Foot Side yard Setback Requirement in
a Rural Residential(RR)Zone.
SITE INFORMATION
Applicant Joseph T. Johnson and Linda K. Burgher
Location 1316 Blue Heron Trail
Current Zoning Rural Residential (RR)
Comp. Plan Designation 1980- Shoreland (S)
Draft 1995 -Rural Residential (RR)
Municipal Utilities Site is not served by municipal utilities.
Adjacent Zoning
Zone Title
North (AG) Agricultural Preservation Zone
South (AG) Agricultural Preservation Zone
East (RR) Rural Residential Zone
West (RR) Rural Residential Zone
CASE HISTORY
Timber Trails Addition was platted in 1976. The legal description of the subject site is recorded as Lot
6, Block 3, Timber Trails Addition. Please refer to the location map labeled Exhibit A.
INTRODUCTION
The applicant is requesting a 2.5 foot variance to the 20 foot side yard setback in order to build a three
season porch.
The applicant requests a variance from the following section of the City Code:
Section Subd. Subject
Section 11.24 Subd. 5 Design Standards within the Rural Residential Zone,
Item C. Lot Specifications.
The variance is for an inside yard lot. Section 11.24, Subd. 5C. states that the side yard setback for
inside lots in the Rural Residential Zone is 20 feet.
FINDINGS
Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all of
the following circumstances are found to exist. Staff has provided draft findings on each criterion. The
Board of Adjustment and Appeals may useor modify these draft findings as it sees fit:
Criterion I
The strict enforcement of the ordinance provisions would cause undue hardship because of
circumstances unique to the individual property under consideration. Undue hardship means
the following:
1.A. The property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls;
Finding 1.A. The subject site is currently being used as a single family detached residential
dwelling. Single family detached dwellings are listed as a Permitted Use within the Rural Residential
(RR) Zone. Denial of the 2.5 foot variance to the 20 foot side yard setback would not hinder the
applicant's ability to put the property to a "reasonable use"because it is currently being used as a
residential dwelling and could continue to be used as such.
1.B. The plight of the landowner is due to circumstances unique to the property;
Finding 1.R The lot is not unusually shaped and there are no circumstances unique to the
property that create the plight of the landowner. The site measures 90 feet wide adjacent to the
street, 173.43 feet wide in the rear, 282.06 feet deep on the west and 282 feet deep on the east. Please
refer to Exhibit B.
C. The circumstances were not created by the landowner;
Finding 1.C The request for the variance is being created by the applicant's desire to construct a
three season porch attached to the main level of the single family home. No actions by an outside
party have created the need for this request.
D. The variance, if granted,will not alter the essential character of the locality;
Finding I.D. The applicant feels that the "character of the locality"would be maintained with the
granting of the variance because the closest structure on the adjoining property to the east would still
be approximately 58 feet from the applicant's home. Please refer to the site map labeled Exhibit B.
However, the essential character of the area will be altered because the 20 foot side yard setback
would be rechiced to 17.5 feet.
E. The problems extend beyond economic considerations. Economic considerations
do not constitute an undue hardship if reasonable use for the property exists
under the terms of the ordinance.
FINDINGS
Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all of
the following circumstances are found to exist. Staff has provided draft findings on each criterion. The
Board of Adjustment and Appeals may use or modify these draft findings as it sees fit:
Criterion 1
The strict enforcement of the ordinance provisions would cause undue hardship because of
circumstances unique to the individual property under consideration. Undue hardship means
the following:
1.A. The property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls;
Finding 1.A. The subject site is currently being used as a single family detached residential
dwelling. Single family detached dwellings are listed as a Permitted Use within the Rural Residential
(RR) Zone. Denial of the 2.5 foot variance to the 20 foot side yard setback would not hinder the
applicant's ability to put the property to a "reasonable use"because it is currently being used as a
residential dwelling and could continue to be used as such.
1.B. The plight of the landowner is due to circumstances unique to the property;
Finding 1.R The lot is not unusually shaped and there are no circumstances unique to the
property that create the plight of the landowner. The site measures 90 feet wide adjacent to the
street, 173.43 feet wide in the rear, 282.06 feet deep on the west and 282 feet deep on the east. Please
refer to Exhibit B.
C. The circumstances were not created by the landowner;
Finding 1.C The request for the variance is being created by the applicant's desire to construct a
three season porch attached to the main level of the single family home. No actions by an outside
party have created the need for this request.
D. The variance, if granted,will not alter the essential character of the locality;
Finding 1.D. The applicant feels that the "character of the locality" would be maintained with the
granting of the variance because the closest structure on the adjoining property to the east would still
be approximately 58 feet from the applicant's home. Please refer to the site map labeled Exhibit B.
However, the essential character of the area will be altered because the 20 foot side yard setback
would be reduced to 17.5 feet.
E. The problems extend beyond economic considerations. Economic considerations
do not constitute an undue hardship if reasonable use for the property exists
under the terms of the ordinance.
Finding 1.E. This request is being made for economic and aesthetic purposes. The applicant stated
that the "appropriate"place to build an attached three season porch is adjacent to the kitchen due to
an existing door and deck However, there appear to be other design options for the location of an
attached porch that would not require a variance from the 20 foot side yard setback Please refer to
Exhibits B and C. Other options seem to be available and physically possible.
Criterion 2
It has been demonstrated that a variance as requested will be in keeping with the spirit and
intent of this Chapter.
Finding 2
The purposes of the Zoning Chapter are stated in Section 11.01, Subd. 2, as follows: "This Chapter is
enacted to promote the public health, safety, and general welfare of the City of Shakopee through the
following:
A. Encouraging the planned and orderly development of residential, business, industrial,
recreational, and public land;
B. Providing adequate light, air, and convenience of access to property;
C. Limiting congestion in the public right-of-way;
D. Preventing overcrowding of land and undue concentration of population and
structures;
E. Providing for the compatible integration of land uses and the most appropriate use of
land;
F. Encouraging development in accordance with the City's comprehensive plan;
G. Conserving the natural beauty and environmental assets of the City;
H. Protecting water resources and water quality;
1. Facilitating the provision of water, utilities and sewage disposal to property as
appropriate;
J. Protecting the population from fire and other hazards to public safety; and
K. Providing for the administration of this Chapter and amendments to it, defining the
powers and duties imposed by this Chapter and prescribing penalties for violation of
its provisions"
This variance request is in conflict with purposes A and D.
Criterion 3
The request is not for a use variance.
Finding 3
The request is not for a use variance.
Criterion 4
Conditions to be imposed by the Board of Adjustment and Appeals will ensure compliance and
to protect the adjacent properties.
Finding 4
This criterion is not applicable in this situation. There are no conditions being recommended at this
time.
ALTERNATIVES
1. Approve variance request and modify findings accordingly.
2. Deny variance request, with recommended findings.
3. Modify findings and deny variance request.
4. Continue public hearing and request additional information from staff and/or the applicant.
STAFF RECOMMENDATION
A variance to the provisions of the Zoning Chapter may be issued to provide relief to the landowner in
those zones where the Chapter imposes undue hardships or practical difficulties to the property owner
in the use of the land. A variance may be granted only in the event that the above criteria can be met.
This application appears to be in conflict with Criterion 1 (Sections A-E) and Criterion 2. Therefore,
staff recommends the denial of the application for a 2.5 foot variance from the 20 foot side yard
setback requirement.
ACTION REQUESTED
Offer Variance Resolution No. PC-724, A Resolution (Approving or Denying) a 2.5 foot variance to
Section 11.24, Subd. 5, Item C and move its adoption,with findings.
(NOTE: If the Board of Adjustment and Appeals concurs with the recommendation of Staff, the
Board of Adjustment and Appeals should offer a motion TO DENY the variance request with findings
and move its adoption.)
Finding 4
This criterion is not applicable in this situation. There are no conditions being recommended at this
time.
ALTERNATIVES
1. Approve variance request and modify findings accordingly.
2. Deny variance request,with recommended findings.
3. Modify findings and deny variance request.
4. Continue public hearing and request additional information from staff and/or the applicant.
STAFF RECOMMENDATION
A variance to the provisions of the Zoning Chapter may be issued to provide relief to the landowner in
those zones where the Chapter imposes undue hardships or practical difficulties to the property owner
in the use of the land. A variance may be granted only in the event that the above criteria can be met.
This application appears to be in conflict with Criterion 1 (Sections A-E) and Criterion 2. Therefore,
staff recommends the denial of the application for a 2.5 foot variance from the 20 foot side yard
setback requirement.
ACTION REQUESTED .
Offer Variance Resolution No. PC-724, A Resolution (Approving or Denying) a 2.5 foot variance to
Section 11.24, Subd. 5, Item C and move its adoption,with findings.
(NOTE: If the Board of Adjustment and Appeals concurs with the recommendation of Staff, the
Board of Adjustment and Appeals should offer a motion TO DENY the variance request with findings
and move its adoption.)
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3XHIBIT E r
June 12, 1995
•
City of Shakopee
Shakopee Planning Department
129 South Holmes Street
Shakopee. Minnesota 55379
To Whom It May Concern:
This letter is written to describe our variance request of allowing the side yard setback
of 17.5 feet for this project rather than the present 20 feet. We will address each of the
necessary criteria below.
The appropriate place to build an attached three season porch is adjacent to our
kitchen, which now has a door leading to a deck. It is intended that this porch be an
extension of our kitchen. Positioning a three season porch in any other location
would not be practical and would detract from the aesthetic appearance both from the
exterior and interior perspectives.
Our pie shaped lot has a decreasing elevation from front to back; this necessitated
locating our home in an area where the side yard setback is near minimum on both
sides. Please note that the minimum setback was increased to 20 feet in 1979 after
this development was platted, approximately one year after our home was built. In
surveying our neighborhood, it appears that several homes have fess than 20 foot side
setback distances, a condition common in a development like ours.
The party for whom this custom home was constructed requested that this structure be
turned on the lot toward Lake O'Dowd. The owner wanted to take advantage both of
the view of the lake, especially in the winter, and the sun's energy during the winter -
months through the considerable window area facing south.
With the granting of this variance, the closest structure on the adjoining property will
still be approximately 58 feet from our home, thus maintaining the character of the
• locality.
This request is not based on economics, since the requested location of the three
season porch is based on practicality and enhancing the personal appeal of the home.
Ultimately this addition will increase the property's valuation, which is in the best
interests of all parties concerned.
We appreciate your consideration of this request.
Yours truly, •
4.,_2. 2<44/e./c, RED-OWED
inda K erre-~ JUN 1995
l o
Joseph T. Johnson
3XHIBIT E
.,,., ..�.�....�:.:..ry. �. ._. . ._.
June 12, 1995
•
City of Shakopee
Shakopee Planning Department
129 South Holmes Street
Shakopee, Minnesota 55379
To Whom It May Concern:
This letter is written to describe our variance request of allowing the side yard setback
of 17.5 feet for this project rather than the present 20 feet. We will address each of the
necessary criteria below.
The appropriate place to build an attached three season porch is adjacent to our
kitchen, which now has a door leading to a deck. It is intended that this porch be an
extension of our kitchen. Positioning a three season porch in any other location
would not be practical and would detract from the aesthetic appearance both from the
exterior and interior perspectives.
Our pit shaped lot has a decreasing elevation from front to back; this necessitated
locating our home in an area where the side yard setback is near minimum on both
sides. Please note that the minimum setback was increased to 20 feet in 1979 after
this development was platted, approximately one year after our home was built. In
surveying our neighborhood, it appears that several homes have less than 20 foot side
setback distances, a condition common in a development like ours.
The party for whom this custom home was constructed requested that this structure be
turned on the lot toward Lake O'Dowd. The owner wanted to take advantage both of
the view of the lake, especially in the winter, and the sun's energy during the winter
months through the considerable window area facing south. •
With the granting of this variance, the closest structure on the adjoining property will
still be approximately 58 feet from our home, thus maintaining the character of the
• locality.
This request is not based on economics, since the requested location of the three
season porch is based on practicality and enhancing the personal appeal of the home.
Ultimately this addition will increase the property's valuation, which is in the best
interests of all parties concerned.
We appreciate your consideration of this request.
Yours truly,
0Y:61_2.J2<4,1A‘) RECEI1WED
JUN I a 1995
. inda K err
Joseph T. Johnson
• EXHIBIT F RCsCE `ILL
mil ' 1 0 1995
City of Shakopee July 10, 1995
Shakopee Planning Department
129 South Holmes Street
Shakopee, Mihhesosta 55379
To Whom It MayConcern:
This letter is written to express our views regarding the variance request of allowing
the side yard serback of 17.5 feet rather than the current 20 feet; this request was
submitted by Linda Bergherr and Joseph Johnson and is dated June 12, 1995.
Our property is located east of the side yard in question. It is our feeling that the
attached porch as planned will look very much like original construction. Other options
would look like an addition and would not fit the building as well.
We welcome the idea of the addition and as the family most affected by this
improvement we are encouraging the planning department to approve this application
for a variance.
incereiy,
James E. Larson
OL)CITY OF SH �,
JUL 1 0AYO1995 EE
EVE ! wiz-
•.
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VARLANCE
RESOLUTION NO. PC-724
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
NY 2.5 FOOT VARIANCE TO
THE 20 FOOT ARD SETBACK REQUIREMENT,
SECTION 11.24, SUBD. 5, ITEM C
WHEREAS, Joseph T. Johnson and Linda K. Bergherr, applicants and owners, have filed an _
application dated June 16, 1995, for a variance under the provisions of Chapter 11, Land Use
Regulation (Zoning), of the Shakopee City Code, Section 11.89, Subd. 3, for a two-and-a-half(2.5)
foot variance to the twenty(20) foot side yard setback requirement (Section 11.24, Subd. 5, Item C);
and
WHEREAS, this parcel is presently zoned Rural Residential (RR); and
WHEREAS, the property upon which the request is being made is legally described as:
Lot 6, Block 3, Timber Trails; and
WHEREAS, notice was provided and on August 3, 1995, the Board of Adjustment and
Appeals conducted a public hearing regarding this application, at which it heard from the Planning
Director and invited members of the public to comment.
NOW, THEREFORE, BE IT RESOLVED BY 1 HE BOARD OF ADJUSTMENT
AND APPEALS OF THE CITY OF SHAKOPEE, MLNNESOTA, as follows:
That the application for Variance No. PC-724 is hereby / DENIED, based on the
following finding(s)with respect to City Code Sec. 11.89, Subd. 2, "Criteria for Granting Variances."
Criterion I
The strict enforcement of the ordinance provisions would cause undue hardship because of
circumstances unique to the individual property under consideration. Undue hardship means
the following:
l.A. The property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls;
The Board finds that the subject site is currently being used as a single family residential dwelling which
appears to be an appropriate use of the property.
5
,- • u: ?r„n�..w� �• ti 'L'= 'r''�y' t3^ts^"`+�'Lr" `��� _ ,ter tom.
�J•' •. -'2+-t+ "C c ss -y /�r.�•`•--• _ •.4.;t+t
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--+.. .,r. _•�«r � .V��.r .a-. ��y.� .... .r=-1 �.s...�.,..��•�-C.►•..-,sem . ..:.-w_'� .`r`..crr.- .,1 •
VARIANCE
RESOLUTION NO. PC-724
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
.Ny A' X 2.5 FOOT VARIANCE TO
THE 20 FOOT YARD SETBACK REQUIREMENT,
SECTION 11.24, SUBD. 5, ITEM C
WHEREAS, Joseph T. Johnson and Linda K. Bergherr, applicants and owners, have filed an
application dated June 16, 1995, for a variance under the provisions of Chapter 11, Land Use
Regulation (Zoning), of the Shakopee City Code, Section 11.89, Subd. 3, for a two-and-a-half(2.5)
foot variance to the twenty (20) foot side yard setback requirement (Section 11.24, Subd. 5, Item C);
and
WHEREAS, this parcel is presently zoned Rural Residential (RR); and
WHEREAS, the property upon which the request is being made is legally described as:
Lot 6, Block 3, 7Imber Trails; and
WHEREAS, notice was provided and on August 3, I995, the Board of Adjustment and
Appeals conducted a public hearing regarding this application, at which it heard from the Planning
Director and invited members of the public to comment.
NOW, THEREFORE, BE IT RESOLVED BY itn BOARD OF ADJUSTMENT
AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, as follows:
That the application for Variance No. PC-724 is hereby r-tl ►?7F,n /DENIED, based on the
following finding(s)with respect to City Code Sec. 11.89, Subd. 2, "Criteria for Granting Variances."
Criterion 1
The strict enforcement of the ordinance provisions would cause undue hardship because of
circumstances unique to the individual property under consideration. Undue hardship means
the following:
1.A. The property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls;
The Board finds that the subject site is currently being used as a single family residential dwelling which
appears to be an appropriate use of the property.
5
1.B. The plight of the landowner is due to circumstances unique to the property;
The Board finds that this lot is not unusually shaped, nor does it have any other unique circumstances.
C. The circumstances were not created by the landowner;
The Board finds that the circumstances creating this request were created by the landowner's desire to
erect a three season porch within the.required setback. No actions by an outside party have created the
need for this request.
D. The variance, if granted, will not alter the essential character of the locality; and
The Board finds that the granting of this variance would alter the essential character of the area by
reducing the side yard setback to below the minimum allowed within the RR zone.
6
:�... .0 _•ate'F:r.'" � .
E. The problems extend beyond economic considerations. Economic considerations
do not constitute an undue hardship if reasonable use for the property exists
under the terms of the ordinance.
The Board finds that the circumstances creating this request do not appear to extend beyond the
economic considerations of the applicant. There seems to be sufficient space in the rear yard for
expansion.
Criterion 2
•
It has been demonstrated that a variance as requested will be in keeping with the spirit and
intent of this Chapter.
The Board finds that this variance request is in conflict with the Zoning Chapter's stated purposes of
encouraging the planned and orderly development of residential land; providing adequate light, air and
convenience of access to the property; and preventing overcrowding of land and undue concentration
of population and structures.
•
•
Criterion 3
The request is not for a use variance.
The Board finds that this request is not for a use variance and therefore this criterion is satisfied.
..._ - I - • .�- _.^arc ti � s�e...v.�... .. • . ..
--.;...e.--••••••
;
,
E. The problems extend beyond economic considerations. Economic considerations
do not constitute anundue hardship if reasonable use for the property exists
under the terms of the ordinance.
The Board finds that the circumstances creating this request do not appear to extend beyond the
economic considerations of the applicant. There seems to be sufficient space in the rear yard for
expansion.
Criterion 2
It has been demonstrated that a variance as requested will be in keeping with the spirit and
intent of this Chapter.
The Board finds that this variance request is in conflict with the Zoning Chapter's stated purposes of
encouraging the planned and orderly development of residential land; providing adequate light, air and
convenience of access to the property; and preventing overcrowding of land and undue concentration
of population and structures.
•
•
Criterion 3
The request is not for a use variance.
The Board finds that this request is not for a use variance and therefore this criterion is satisfied.
7
`-Criterion 4 •
Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance and
to protect the adjacent properties.
The Board does not propose to impose any additional conditions as part of this variance request.
Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 3rd day of
August, 1995.
(L\_mck.�p�^ \ •
AC1 l til 6 Chair of the Board of Adjustment and Appeals
A'110 ST: 2 •
V.I'd/5,40'
Planning Director
8
1O b.
•
JIM LARSON
1336 Blue Heron Trail - Shakopee, MN 55379 - Phone (6121 496-1222 - Fax(612)496-1222
September 18, 1995
TO: The Honorable Mayor Laurent,
Members of the Shakopee City Council
Re: Appeal of the decision of the Board of Adjustments as it pertains to a request for a
2-1/2'variance. Joseph Johnson&Linda Berger.
Unfortunately I am unable to attend the council meeting scheduled for September 19th
due to a business commitment which requires that I be out of town. I would however
like to express my concerns through this letter.
Many new homes are being built today with three season rooms such as Mr. Johnson is
proposing for his home. It would increase the value of his property and I believe it would
be an enhancement to the neighborhood. I have seen Mr. Johnson's construction plans
and believe that they are the best for his home and its overall appearance. His plan
would make the addition appear as if it had been part of the original construction. Any
other plan would look more like an add on,or an afterthought and I would not like that as
well.
In 1978 when this home was built a set back of only 15'was required. However, in 1979
that set back was changed to the 20'requirement. I believe his home is positioned
slightly under 20'from the lot line right now and I don't think this variance should be
denied. -
My home is located just East of Johnson's property and I have a 42' set back and if this
variance is granted there will still be approximately 60'between our homes. Also, I am
the only neighbor to whom Mr.Johnson's addition would be directly visible.
In the past I have made a couple appearances in city hall to oppose neighborhood plans. I
have a very strong desire to keep my neighborhood up to the highest standards and it is
my belief, as stated earlier,that Mr. Johnson's proposed addition would be an improve-
ment to this 17 year old home.
I therefore recommend that this variance be granted to Mr. Johnson.
Thank you.
Respectfully,
ib.
CONSENT
Memo To: Dennis Kraft, City Administrator
From: Terrie A. Thurmer, Assistant City Planner •
Date: September 29, 1995
Re: Preliminary Plat for Hauer's 5th Addition; Applicants: Gene &Virginia Hauer,
and Jane Hauer
Introduction
The applicants have indicated a desire to submit a revised layout for this Preliminary
Plat which would require the submittal of a different application and holding a separate
public hearing. Due to these revisions, the applicant has submitted the attached letter
requesting the withdrawal of the original application.
Staff Recommendation
Staff Recommends that the City Council accept the withdrawal of the application for the
Preliminary Plat for Hauer's 5th Addition.
Action Requested
Offer a motion to accept the withdrawal of the application for Preliminary Plat approval for
Hauer's 5th Addition, and move its approval.
is ngtc\19951cc1003Vphauer2.doc
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RAPID MEMO
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SEP 2 9 1995
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TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Bond Sale Resolutions
DATE: September 28, 1995
Introduction
Council action to award the sale of bonds for series 1995A and 1995B is
requested.
Background
Council previously authorized the issuance and sale of series 1995A G.O.
Improvement and series 1995B G.O. Storm Water Revenue bonds. Bids will
be opened the morning of 10/3. Bond counsel is preparing resolutions to
award the sale of the bonds to the successful bidder(s) . Dave
MacGillivray of Springsted will be at the council meeting to present the
bids to council.
Action
Offer Resolution No. 4306 A Resolution Authorizing Issuance, Awarding
Sale, Prescribing The Form And Details And Providing For The Payment Of
$3,180,000 General Obligation Improvement Bonds, Series 1995A.
Offer Resolution No. 4307 A Resolution Authorizing Issuance, Awarding
Sale, Prescribing The Form And Details And Providing For The Payment Of
$1,150,000 General Obligation Storm Water Revenue Bonds, Series 1995.
85 E.SEVENTH PLACE,SUITE 100
SAINT PAUL,MN 55101-2143
612-223-3000 FAX:.612-223-3002
SPRINGSTED
Public Finance Advisors
$3,180,000
CITY OF SHAKOPEE, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A
(BOOK-ENTRY ONLY)
AWARD: NORWEST INVESTMENT SERVICES, INC.
PIPER JAFFRAY INC.
FBS INVESTMENT SERVICES, INC.
And Associates
SALE: October 3, 1995 Moody's Rating: A
Interest Net Interest True Interest
Bidder Rater Price Cost Rate
NORWEST INVESTMENT SERVICES, INC. 3.90% 1997 $3,158,853.00 $858,517.00 4.7357%
PIPER JAFFRAY INC. 4.05% 1998
FBS INVESTMENT SERVICES, INC. 4.20% 1999
American Bank National Association 4.30% 2000
Robert W. Baird &Company, Incorporated 4.40% 2001
4.50% 2002
4.60% 2003
4.75% 2004
4.90% 2005
5.00% 2006
5.10% 2007
FIRSTAR BANK MILWAUKEE, N.A. 4.20% 1997 $3,176,374.80 $868,734.58 4.7775%
4.30% 1998
4.40% 1999
4.50% 2000
4.60% 2001
4.70% 2002
4.80% 2003
4.90% 2004
5.00% 2005
5.05% 2006
5.15% 2007 (Continued)
SAINT PAUL,MN • MINNEAPOLIS,MN • BROOKFIELD,WI • OVERLAND PARK,KS • WASHINGTON,DC • IOWA CITY,IA
Interest Net Interest True Interest
Bidder Rates Price Cost Rate
DAIN BOSWORTH INCORPORATED 4.50% 1997-2001 $3,167,254.81 $867,763.94 4.7860%
4.60% 2002
4.70% 2003
4.80% 2004
4.90% 2005
5.00% 2006-2007
CRONIN &COMPANY, INCORPORATED 4.00% 1997 $3,164,100.00 $869,018.13 4.7877%
SMITH BARNEY 4.10% 1998
4.20% 1999
4.35% 2000
4.50% 2001
4.60% 2002
4.80% 2003
4.90% 2004
5.00% 2005
5.10% 2006-2007
DEAN WITTER REYNOLDS 4.15% 1997 $3,152,419.60 $876,694.15 4.8477%
INCORPORATED 4.25% 1998
PRUDENTIAL SECURITIES, INC. 4.35% 1999
ABN AMR() SECURITIES (USA) INC. 4.45% 2000
OPPENHEIMER &CO., INC. 4.50% 2001
4.60% 2002
4.70% 2003
4.80% 2004
4.90% 2005
5.00% 2006-2007
GRIFFIN, KUBIK, STEPHENS & 4.10% 1997 $3,148,200.00 $877,105.31 4.8526%
THOMPSON, INC. 4.20% 1998-1999
4.375% 2000
4.50% 2001
4.60% 2002
4.70% 2003
4.80% 2004
4.90% 2005
5.00% 2006-2007
EVEREN SECURITIES, INC. 4.30% 1997-1999 $3,151,380.00 $879,564.06 4.8632%
4.40% 2000
4.50% 2001
4.60% 2002
4.70% 2003
4.80% 2004
4.90% 2005
5.00% 2006
5.125% 2007
NIKE SECURITIES 4.80% 1997 $3,180,024.25 $893,318.25 4.9225%
RAYMOND JAMES &ASSOCIATES 4.875% 1998-1999
WILLIAM R. HOUGH &CO. 4.90% 2000-2004
Josephthal, Lyon & Ross, Inc. 5.00% 2005-2007
These Bonds are being reoffered at par.
BBI: 6.00%
Average Maturity: 5.70 Years
85 E.SEVENTH PLACE,SUITE 100
SAINT PAUL,MN 55101-2143
612-223-3000 FAX:_612_-223-3002
SPRINGSTED
Public Finance Advisors
$1,150,000
CITY OF SHAKOPEE, MINNESOTA
GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1995B
(BOOK-ENTRY ONLY)
AWARD: NORWEST INVESTMENT SERVICES, INC.
PIPER JAFFRAY INC.
FBS INVESTMENT SERVICES, INC.
And Associates
SALE: October 3, 1995 Moody's Rating: A
Interest Net Interest True Interest
Bidder Rates Price Cost Rate
NORWEST INVESTMENT SERVICES, INC. 3.90% 1997 $1,140,800.00 $341,620.00 4.8027%
PIPER JAFFRAY INC. 4.05% 1998
FBS INVESTMENT SERVICES, INC. 4.20% 1999
American Bank National Association 4.30% 2000
Robert W. Baird &Company, Incorporated 4.40% 2001
4.50% 2002
4.60% 2003
4.75% 2004
4.90% 2005
5.00% 2006
FIRSTAR BANK MILWAUKEE, N.A. 4.20% 1997 $1,148,091.00 $344,772.13 4.8295%
4.30% 1998
4.40% 1999
4.50% 2000
4.60% 2001
4.70% 2002
4.80% 2003
4.90% 2004
5.00% 2005
5.05% 2006 (Continued)
SAINT PAUL,MN • MINNEAPOLIS,MN • BROOKFIELD,WI • OVERLAND PARK,KS WASHINGTON,DC • IOWA CITY,IA
Interest Net Interest True Interest
Bidder - - Rates Price Cost Rate
CRONIN &COMPANY, INCORPORATED 4.20% 1997 $1,147,412.50 $346,193.75 4.8506%
SMITH BARNEY 4.30% 1998
4.40% 1999
4.50% 2000
4.60% 2001
4.70% 2002
4.80% 2003
4.90% 2004
5.00% 2005
5.10% 2006
DAIN BOSWORTH INCORPORATED 4.50% 1997-2001 $1,142,026.25 $346,661.25 4.8760%
4.60% 2002
4.70% 2003
4.80% 2004
4.90% 2005
5.00% 2006
DEAN WITTER REYNOLDS 4.15% 1997 $1,139,622.50 $347,417.50 4.8909%
INCORPORATED 4.25% 1998
PRUDENTIAL SECURITIES, INC. 4.35% 1999
ABN AMRO SECURITIES (USA) INC. 4.45% 2000
OPPENHEIMER & CO., INC. 4.50% 2001
4.60% 2002
4.70% 2003
4.80% 2004
4.90% 2005
5.00% 2006
GRIFFIN, KUBIK, STEPHENS & 4.375% 1997-2000 $1,138,500.00 $348,796.88 4.9143%
THOMPSON, INC. 4.50% 2001
4.60% 2002
4.70% 2003
4.80% 2004
4.90% 2005
5.00% 2006
EVEREN SECURITIES, INC. 4.40% 1997-2000 $1,138,500.00 $337,575.00 4.9186%
4.50% 2001
4.60% 2002
4.70% 2003
4.80% 2004
4.90% 2005
5.00% 2006
NIKE SECURITIES 4.875% 1997-2002 $1,138,503.30 $362,632.01 5.1187%
RAYMOND JAMES &ASSOCIATES 4.90% 2003-2004
WILLIAM R. HOUGH & CO. 5.00% 2005-2006
Josephthal, Lyon & Ross, Inc.
These Bonds are being reoffered at par.
BBI: 6.00%
Average Maturity: 6.19 Years
09/28/95 10:56 FAX 612 223 3002 SPRINGSTED INC. fj002/041
/3QJ
Councilmember then introduced the
following resolution and moved its adoption:
RESOLUTION NO. 1')D6
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING
FOR THE PAYMENT OF $3,180,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 1995A
BE IT RESOLVED by the City Council of the City of Shakopee,
Minnesota, as follows:
Section 1. Authorization and Sale.
1.01. Authorization of Bondc. This Council, by its Resolution No.
adopted on September 5, 1995, has determined that is necessary for the City to sell
and issue its General Obligation Improvement Bonds, Series 1995A in the aggregate
principal amount of$3,180,000 (the Bonds) to finance the cost of the local
improvements designated in said Resolution (the Improvements). Resolution
No. is incorporated herein by reference.
1.02. Proper Received. The City has received proposals for the
purchase of the Bonds, and does hereby find and determine that the most favorable
proposal received is that of ,of and associates (the
"Underwriter"), to purchase the Bonds at a price of$ plus accrued interest on
all Bonds to the day of delivery and payment, on the further terms and conditions
hereinafter set forth.
1.03. Sale of Bends. The sale of the Bonds is hereby•awarded to the
Underwriter, and the Mayor and City Clerk are hereby authorized and directed on
behalf of the City to execute a contract for the sale of the Bonds in accordance with
the terms of said bid. The good faith check of the successful bidder shall be retained
and deposited by the Finance Director. The good faith checks of other bidders shall
be returned to them forthwith.
Section 2. Bond Terms: Registration; Execution and Delivery. Subject
to the provisions of Section 2.08:
2.01. Maturities; Interest Rates: Denominations; Payment. The Bonds
shall be designated General Obligation Improvement Bonds, Series I995A, shall be
originally dated as of November 1, 1995, shall be in the denomination of$5,000 each,
or any integral multiple thereof, shall mature on February 1 in the respective years
and amounts stated below, and shall bear interest from date of issue until paid or
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09/28/95 10:57 FAX 612 223 3002 SPRINGSTED INC. I�j003/041
duly called for redemption at the respective annual rates set forth opposite such
years and amounts, as follows:
Year Amount Rate Year Amount Rate
1997 85,000 2003 210,000
1998 480,000 2004 210,000
1999 400,000 2005 210,000
2000 395,000 2006 210,000
2001 395,000 2007 185,000
2002 390,000
The Bonds shall be issuable only in fully registered form. The interest thereon and,
upon surrender of each Bond, the principal amount thereof, shall be payable by
check or draft issued by the Registrar for the Bonds appointed herein.
2.02. Dates: Inter _st Payment Dar a. Each Bond shall be authenticated
as of the last interest payment date preceding the date of authentication to which
interest on the Bond has been paid or made available for payment, unless (i) the
date of authentication is an interest payment date to which interest has been paid or
made available for payment, in which case such Bond shall be dated as of the date of
authentication, or (ii) if the date of authentication is prior to August 1, 1996, such
Bond shall be dated as of November 1, 1995. The interest on the Bonds shall be
payable on February 1 and August 1 in each year, commencing August 1, 1996, to the
owner of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not such day is a business day.
2.03. Registration. The City shall appoint, and shall maintain, a bond
registrar, transfer agent and paying agent (the Registrar). The effect of registration
and the rights and duties of the City and the Registrar with respect thereto shall be as
follows:
(a) Register. The Registrar shall keep at its principal corporate trust
office a bond register in which the Registrar shall provide for the registration
of ownership of Bonds and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
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09/28/95 10:57 FAX 612 223 3002 SPRINGSTED INC. R1004/041
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) xc an of jkluth. Whenever any Bonds are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly cancelled by the Registrar and thereafter disposed
of as directed by the City.
(e) Improper or 1 aut orized Transfer. When any Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the same
until it is satisfied that the endorsement on such Bond or separate instrument
of transfer is valid and genuine and that the requested transfer is legally
authorized. The Registrar shall incur no liability for the refusal, in good faith,
to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons D med Owners. The City and the Registrar may treat the
person in whose name any Bond is at any time registered in the bond register
as the absolute owner of such Bond, whether such Bond shall be overdue or
not, for the purpose of receiving payment of, or on account of, the principal of
and interest on such Bond and for all other purposes, and all such payments
so made to any such registered owner or upon the owner's order shall be
valid and effectual to satisfy and discharge the liability upon such Bond to the
extent of the sum or sums so paid.
(g) Taxes. Fee and Charges. For every transfer or exchange of Bonds,
the Registrar may impose a charge upon the owner thereof sufficient to
reimburse the Registrar for any tax, fee or other governmental charge
required to be paid with respect to such transfer or exchange.
(h) M filat-d t ol- .r D-stro -• Bonds. In case any Bond shall
become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a
new Bond of like amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu
of and in substitution for any such Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that such Bond
was destroyed, stolen or lost, and of the ownership thereof, and upon
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09/28/95 10:58 FAX 612 223 3002 SPRINGSTED INC. !J005/041
furnishing to the Registrar of an appropriate bond or indemnity in form,
substance and amount satisfactory to it, in which both the City and the
Registrar shall be named as obligees. All Bonds so surrendered to the
Registrar shall be cancelled by it and evidence of such cancellation shall be
given to the City. If the mutilated, destroyed, stolen or lost Bond has already
matured or been called for redemption in accordance with its terms it shall
not be necessary to issue a new Bond prior to payment.
2.04. A• •of tm- t of .-;4 rar a d Pa in: •ent. The City hereby
appoints _
Minnesota, as the initial Registrar and Paying Agent for the Bonds, which, together
with any successor entity is sometimes referred to herein as the Registrar or the
Registrar and Paying Agent. The Mayor and the City Clerk are authorized to execute
and deliver, on behalf of the City, a contract with said Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the resulting corporation
is a bank or trust company authorized by law to conduct such business, such
corporation shall be authorized to act as successor Registrar. The City agrees to pay
the reasonable and customary charges of the Registrar for the services performed.
The City reserves the right to remove the Registrar upon thirty (30) days notice and
upon the appointment of a successor Registrar, in which event the predecessor
Registrar shall deliver all cash and Bonds in its possession to the successor Registrar
and shall deliver the bond register to the successor Registrar.
2.05. Redemption. Bonds maturing in the years 1997 through 2005
shall not be subject to redemption prior to maturity, but Bonds maturing in the
years 2006 and 2007 shall be subject to redemption and prepayment at the option of
the City, in whole or in part, in such order as the City shall determine and by lot as
to Bonds having the same maturity date, on February 1, 2005 and on any date
thereafter (whether or not an interest payment date), at a price equal to the principal
amount thereof and accrued interest to the date of redemption. Prior to the date set
for redemption of any Bond prior to its stated maturity date, the Clerk shall cause
notice of the call for redemption thereof to be published as required by law and, at
least twenty (20) days prior to the designated redemption date, shall cause notice of
the call to be mailed to the registered holders of any Bonds to be redeemed at their
addresses as they appear on the bond register described in Section 2.03 hereof.
2.06. Execution. Authentication and Delivery. The Bonds shall be
prepared under the direction of the City Clerk and shall be executed on behalf of the
City by the signatures of the Mayor and the City Clerk, provided that all signatures
may be printed, engraved or lithographed facsimiles of the originals. In case any
officer whose signature or a facsimile of whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he
had remained in office until delivery. Notwithstanding such execution, no Bond
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09/28/95 10:59 FAX 612 223 3002 SPRINGSTED INC. t 006/041
shall be valid or obligatory for any purpose or entitled to any security or benefit
under this Resolution unless and until a certificate of authentication on such Bond
has been duly executed by the manual signature of an authorized representative of
the Registrar. Certificates of authentication on different Bonds need not be signed by
the same representative. The executed certificate of authentication on each Bond
shall be conclusive evidence that it has been authenticated and delivered under this
Resolution. When the Bonds have been so prepared, executed and authenticated,
the Clerk shall deliver the same to the purchaser thereof upon payment of the
purchase price in accordance with the contract of sale heretofore made and executed,
and said purchaser shall not be obligated to see to the application of the purchase
price.
2.07. Form of Bonda. The Bonds shall be
typed or
printed in
substantially the following
form:
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09/28/95 10:59 FAX 612 223 3002 SPRINGSTED INC. R1007/041
[Face of the Bonds]
UNITED STATES OF AMERICA
R--_ STATE OF MINNESOTA $.
COUNTY OF SCOTT
CITY OF SHAKOPEE
GENERAL OBLIGATION IMPROVEMENT BOND,
SERIES 1995A
Interest Maturity Date of
Ra te_ Da_te_ Original Is CUSIP
February 1, November 1, 1995
Registered Owner:
Principal Amount: Dollars
KNOW ALL PERSONS BY THESE PRESENTS that the City of
Shakopee, a duly organized and existing municipal corporation of Scott County,
Minnesota (the City), acknowledges itself to be indebted and for value received
hereby promises to pay to the registered owner named above, or registered assigns,
the principal sum specified above on the maturity date specified above, and to pay
interest thereon from the date hereof at the annual rate specified above, payable on
February 1 and August 1 in each year, commencing August 1, 1996, to the person in
whose name this Bond is registered at the close of business on the 15th day (whether
or not a business day) of the month immediately preceding the payment date, all
subject to the provisions referred to herein with respect to the redemption of the
principal of this Bond before maturity. The interest hereon and, upon presentation
and surrender of this Bond, the principal hereof, are payable in lawful money of the
United States of America by check or draft issued by
Minnesota, Bond Registrar and Paying Agent (the Registrar), or its designated
successor under the Resolution described herein. For the prompt and full payment
of such principal and interest as the same respectively become due, the full faith and
credit and taxing powers of the City have been and are hereby irrevocably pledged.
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09/28/95 11:00 FAX 612 223 3002 SPRINGSTED INC. XJ008/041
Additional provisions of this Bond are contained on the reverse hereof
and such provisions shall for all purposes have the same effect as though fully set
forth in this place.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution described herein until the
Certificate of Authentication hereon shall have been executed by the Registrar by
manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Shakopee, Scott County,
Minnesota, by its City Council, has caused this Bond to be executed on its behalf by
the printed facsimile signatures of the Mayor and City Clerk, and has caused this
Bond to be dated as of the Date of Original Issue set forth above.
CITY OF SHAKOPEE, MINNESOTA
(facsimile)
Mayor
Attest; (facsimile) _
City Clerk
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
Date of Authentication: Registrar
By: _
Authorized Representative
-7-
09/28/95 11:00 FAX 612 223 3002 SPRINGSTED INC. t 009/041
[Reverse of the Bonds]
This Bond is one of an issue in the aggregate principal amount of
$3,180,000, all of like date and tenor, except as to maturity date, interest rate,
denomination and redemption privilege, issued pursuant to a resolution adopted by
the City Council on October 3, 1995 (the Resolution), for the purpose of financing the
cost of local improvements in the City, and is issued pursuant to and in full
conformity with the constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds of this
series are issuable only as fully registered Bonds, in denominations of$5,000 or any
multiple thereof, of single maturities. In the Resolution the City Council
determined that in calendar year 1995 the City does not expect to issue tax-exempt
obligations in an aggregate principal amount greater than $10,000,000 (exclusive of
"private activity bonds"), and designated the Bonds as "qualified tax exempt
obligations" within the meaning of Section 265 of the Internal Revenue Code of
1986.
Bonds of this issue maturing in 2005 and earlier years are payable on
their respective stated maturity dates without option of prior payment, but Bonds
having stated maturity dates in 2006 and later years are each subject to redemption
and prepayment at the option of the City, in whole or in part, and if in part in such
order as the City shall determine and by lot as to Bonds maturing on the same date,
on February 1, 2005 and any date thereafter (whether or not an interest payment
date), at a price equal to the principal amount thereof plus interest accrued to the
date of redemption. Prior to the date specified for the redemption of any Bond prior
to its stated maturity date, the City will cause notice of the call for redemption to be
published as required by law, and, at least 20 days prior to the designated redemption
date, will cause notice of the call to be mailed to the registered owner of any Bond to
be redeemed at the owner's address as it appears on the bond register maintained by
the Registrar. Upon partial redemption of any Bond, a new Bond or Bonds will be
delivered to the owner without charge, representing the principal amount
remaining outstanding.
As provided in the Resolution and subject to certain limitations set
forth therein, this Bond is transferable upon the books of the City at the principal
office of the Registrar, by the registered owner hereof in person or by the owner's
attorney duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered
owner or the owner's attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange the City will
cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and
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09/28/95 11:01 FAX 612 223 3002 SPRINGSTED INC. Z010/041
maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose
name this Bond is registered as the absolute owner hereof, whether this Bond is
overdue or not, for the purpose of receiving payment and for all other purposes,
and neither the City nor the Registrar shall be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the constitution and the laws of the
State of Minnesota to be done, to exist, to happen and to be performed preliminary
to and in the issuance of this Bond in order to make it a valid and binding general
obligation of the City in accordance with its terms, have been done, do exist, have
happened and have been performed as so required; that, prior to the issuance hereof
the City has covenanted and agreed to levy special assessments upon property
specially benefited by the local improvements financed by the Bonds, and has levied
ad valorem taxes on all taxable property in the City, which special assessments and
taxes will be collectible for the years and in amounts sufficient to produce sums not
less than 5% in excess of the principal of and interest on the Bonds of this issue
when due, and has appropriated such special assessmentsand taxes to the payment
of such principal and interest; that if necessary for payment of such principal and
interest, additional ad valorem taxes are required to be levied upon all taxable
property in the City, without limitation as to rate or amount; and that the issuance
of this Bond does not cause the indebtedness of the City to exceed any consitutional
or statutory limitation of indebtedness.
(Form of certificate to be printed on the reverse side of
each Bond, following a full copy of the IegaI opinion)
We certify that the above is a full, true and correct copy of the legal
opinion rendered by bond counsel on the issue of Bonds of the City of Shakopee,
Minnesota, which includes the within Bond, dated as of the date of delivery of and
payment for the Bonds.
(Facsimile Signature) (Facsimile Signature)
City Clerk Mayor
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09/28/95 11:01 FAX 612 223 3002 SPRINGSTED INC. 011/041
The following abbreviations, when used in the inscription on the face
of this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM--as tenants UTMA Custodian
in common (Cust) (Minor)
TEN ENT -- as tenants under Uniform Transfers to Minors
by entireties
JT TEN -- as joint tenants Act
with right of (State)
survivorship and
not as tenants in common
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within
Bond and all rights thereunder, and does hereby irrevocably constitute and appoint
attorney to transfer the said Bond on the books kept
for registration of the within Bond, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to
this assignment must correspond with
the name as it appears upon the face of
the within Bond in every particular,
without alteration or enlargement or
any change whatever.
Signature Guaranteed:
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09/28/95 11:01 FAX 612 223 3002 SPRINGSTED INC. Z012/041
Signature(s) must be guaranteed by a national bank or trust company or by a
brokerage firm having a membership in one of the major stock exchanges.
The Registrar will not effect transfer of this Bond unless the
information concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is held by
joint account)
Please insert social security
or other identifying number of assignee
-11-
2.08. Use of Securities Depository: Book-Entry Only System. The
provisions of this Section shall take precedence over the provisions of Sections 2.01
through 2.07 to the extent they are inconsistent therewith.
(a) Midwest Securities Trust Company ("MSTC") has agreed to act as
securities depository for the Bonds, and to provide a Book-Entry Only System for
registering the ownership interest of the financial institutions for which it holds the
Bonds (the "MSTC Participants"), and for distributing to such MSTC Participants
such amount of the principal and interest payments on the Bonds as they are
entitled to receive, for redistribution to the beneficial owners of the Bonds as
reflected in their records (the "Beneficial Owners"). The Mayor and the City Clerk
are authorized and directed to enter into a Depository Letter Agreement with MSTC
in the form presented to this Council on this date.
(b) Initially, and so long as MSTC or another qualified entity continues
to act as securities depository, the Bonds shall be issued in typewritten form, one for
each maturity in a principal amount equal to the aggregate principal amount of each
maturity, shall be registered in the name of the securities depository or its nominee,
shall be subject to the provisions of this Section 2.08, and no Beneficial Owner shall
have the right to receive a certificate of ownership or printed Bond. While MSTC is
acting as the securities depository, the Bonds shall be registered in the name of the
MSTC's nominee, KRAY & CO; provided that upon delivery by MSTC to the City
and the Registrar of written notice to the effect that MSTC has determined to
substitute a new nominee in place of KRAY & CO., the words "KRAY & CO." in this
Order shall refer to such new nominee of MSTC.
With respect to Bonds registered in the name of a securities depository
or its nominee, the City and the Registrar shall have no responsibility or obligation
to any MSTC Participant or Beneficial Owner with respect to the following: (1) the
accuracy of the records of any securities depository or its nominee with respect to
any ownership interest in the Bonds, (ii) the delivery to any MSTC Participant or
other person or any other person, other than MSTC, of any notice with respect to the
Bonds, including any notice of redemption, or (iii) the payment to any MSTC
Participant or any other person, other than MSTC, of any amount with respect to the
principal of or premium, if any, or interest on the Bonds. The Registrar shall pay all
principal of and premium, if any, and interest on the Bonds only to or upon the
order of MSTC, and all such payments shall be valid and effective to fully satisfy and
discharge the City's obligations with respect to the principal and interest on the
Bonds to the extent of the sum or sums so paid. So long as the Book-Entry Only
System is in effect, no person other than MSTC shall receive an authenticated Bond.
(c) Upon receipt by the City and the Registrar of written notice from
the securities depository to the effect that it is unable or unwilling to discharge its
responsibilities under the Book-Entry Only System, the Registrar shall issue, transfer
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09/28/95 11:02 FAX 612 223 3002 SPRINGSTED INC. W1013/041
• and exchange Bonds of the initial series as requested by the securities depository in
appropriate amounts, and whenever the securities depository requests the City and
the Registrar to do so, the City and the Registrar shall cooperate with the securities
depository in taking appropriate action after reasonable notice (i) to arrange for a
substitute depository willing and able, upon reasonable and customary terms, to
maintain custody of the Bonds, or (ii) to make available Bonds registered in
whatever name or names the Beneficial Owner registering ownership transferring
or exchanging such Bonds shall designate, in accordance with clause (f) or clause (g)
below, whichever is applicable.
(d) In the event the City determines that it is in the best interests of the
Beneficial Owner that they be able to obtain printed Bonds, the City may so notify
the securities depository and the Registrar, whereupon the securities depository
shall notify the Beneficial Owners of the availability through the securities
depository of such printed Bonds. In such event, the City shall cause to be prepared
and the Registrar shall issue, transfer and exchange the printed Bonds fully executed
and authenticated, as requested by the securities depository in appropriate amounts
and, whenever the securities depository requests, the City and the Registrar shall
cooperate with the securities depository in taking appropriate action after reasonable
notice to make available printed Bonds registered on the Bond Register in whatever
name or names the Beneficial Owners entitled to receive Bonds shall designate, in
accordance with clause (f) or clause (g) below, whichever is applicable.
(e) Notwithstanding any other provisions of this Resolution to the
contrary, so long as any Bond is registered in the name of a securities depository or
its nominee, all payments of principal and interest on the Bond and all notices with
respect to the Bond shall be made and given, respectively, to the securities
depository.
(f) In the event that the Book-Entry Only System established pursuant
to this Section is discontinued, except as provided in clause (g), the Bonds shall be
issued through the securities depository to the Beneficial Owners.
(g) In the event of termination of the Book-Entry Only System, the City
shall have the right to terminate, and shall take all steps necessary to terminate, all
arrangements with the securities depository described herein, and thereafter shall
issue, register ownership of, transfer and exchange all Bonds as provided in Section
2.03. Upon receipt by the securities depository of notice from the City, the securities
depository shall take all actions necessary to assist the City and the Registrar in
terminating all arrangements for the issuance of documents evidencing ownership
interests in the Bonds through the securities depository. Nothing herein shall affect
the securities depository's rights under clause (e) above.
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Section 3. Use of Proceeds; Series 1995A Improvement Bond
Construction Fund. There is hereby created on the official books and records of the
City, a special fund to be designated as the "Series 1995A Improvement Bond
Construction Fund" (hereinafter referred to as the Construction Fund), to be held
and administered by the Finance Director separate and apart from all other funds of
the City. The City appropriates to the Construction fund (a) the proceeds of the sale
of the Bonds, less the amount required by Section 4 hereof to be deposited in the
Series 1995A Improvement Bond Account therein created, and (b) all collections of
special assessments levied for the Improvements until completion and payment of
all costs of the Improvements. The Construction Fund shall be used solely to defray
expenses of the Improvements, including but not limited to the transfer to the Bond
Account created in Section 4 hereof, of amounts sufficient for the payment of
interest due upon the Bonds prior to the completion and payment of all costs of the
Improvements and the payment of the expenses incurred by the City in connection
with the issuance of the Bonds. Upon completion and payment of all costs of the
Improvements, any balance of the proceeds of the Bonds remaining in the
Construction Fund may be used to pay the cost, in whole or in part, of any other
local improvements instituted pursuant to the Minnesota Statutes, Chapter 429, as
directed by the City Council,but any balance of such proceeds not so used and any
remaining special assessments shall be credited and paid to the Bond Account.
Section 4. Series 1995A Improvement bond Account. So long as any of
the Bonds are outstanding and any principal of or interest thereon unpaid, the
Finance Director shall maintain a separate debt service account on the official books
and records of the City to be known as the Series 1995A Improvement Bond
Account (hereinafter referred to as the Bond Account), and the principal of and
interest on the Bonds shall be payable primarily from the Bond Account. The City
irrevocably appropriates to the Bond Account (a) $ of the Bond proceeds,
which includes any unused discount and accrued interest, which shall be used to
pay interest accruing on the Bonds through August 1, 1996; (b) all collections of
special assessments levied with respect to the Improvements as provided in Section
5, from and after completion and payment of all costs of the Improvements; (c) all
ad valorem taxes levied in accordance with this resolution; and (d) all such other
moneys as shall be received and appropriated to the Bond Account from time to
time. If the balance in the Bond Account is at any time insufficient to pay all
interest and principal then due on all Bonds payable therefrom, the payment shall
be made from arty fund of the City which is available for that purpose, subject to
reimbursement from the Bond Account when the balance therein is sufficient, and
the Council covenants and agrees that it will each year levy an amount sufficient to
take care of any accumulated or anticipated deficiency, which levy is not subject to
any constitutional or statutory tax limitation.
Section 5. Special Assessments. The City hereby covenants and agrees
that, for the payment of the cost of improvements permanently financed by the
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Bonds the City has done or will do and perform all acts and things necessary for the
final and valid levy of special assessments in an amount not less than 20% of the
cost of each of the Improvements permanently financed by the Bonds; and that the
City will levy assessments in the estimated aggregate principal amount of$
The principal of said assessments is payable over a fifteen year period, with interest
on unpaid installments thereof from time to time at the estimated rate of 'gyp per
annum. It is presently estimated that the principal and interest on such special
assessments will be collected in the years and amounts as follows:
Collection Collection
Year Amount Year Amount
1996 2002
1997 2003
1998 2004
1999 2005
2000 2006
2001
In the event that any such assessment shall at any time be held invalid with respect
to any lot or tract of land, due to any error, defect or irregularity in any action or
proceeding taken or to be taken by the City or by this Council or by arty of the officers
or employees of the City, either in the making of such assessment or in the
performance of any condition precedent thereto, the City hereby covenants and
agrees that it will forthwith do all such further things and take all such further
proceedings as shall be required by law to make such assessment a valid and binding
lien upon said property.
Section 6. Pledge Tax' P er . For the prompt and full payment
of the principal of and interest on the Bonds when due, the full faith and credit and
unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In
order to produce sums which, together with Bond proceeds and special assessment
collections appropriated to the payment of the Bonds, will be not less than 5% in
excess of the amounts needed to pay the principal of and interest on the Bonds
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09/28/95 11:04 FAX 612 223 3002 SFRINGSTED INC. 016/041
when due, there is hereby levied on all taxable property in the City, a direct,
irrepealable ad valorem tax, for the years and in the amounts as follows:
Levy Collection Levy Collection
Year Year Amount Year Year Amount
1995 1996 2001 2002
1996 1997 2002 2003
1997 1998 2003 2004
1998 1999 2004 2005
1999 2000 2005 2006
2000 2001
The collections of such tax levy shall be deposited in the Series 1993E Bond Account.
The City reserves the right to reduce or cancel such tax levy in accordance with
Minnesota Statutes, Section 475.61.
Section 7. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the holders of the Bonds shall cease. The City may discharge its
obligations with respect to any Bonds which are due on any date by depositing with
the Registrar on or before that date a sum sufficient for the payment thereof in full;
or, if any Bond should not be paid when due, it may nevertheless be discharged by
depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also
discharge its obligations with respect to any prepayable Bonds called for redemption
on any date when they are prepayable according to their terms, by depositing with
the Registrar on or before that date an amount equal to the principal, interest and
redemption premium, if any, which are then due, provided that notice of such
redemption has been duly given as provided herein. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law
now or hereafter authorizing and regulating such action, by depositing irrevocably
in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or
securities which are authorized by law to be so deposited, bearing interest payable at
such time and at such rates and maturing or callable at the holder's option on such
dates as shall be required to pay all principal, interest and redemption premiums to
become due thereon to maturity or said redemption date.
Section 8. Registration pf Bonds and Tax Levy. The Clerk is hereby
authorized and directed to file a certified copy of this resolution with the County
Auditor of Scott County, together with such additional information as they shall
require, and to obtain from said County Auditor a certificate that the Bonds have
been duly entered upon his bond register and that the tax required for the payment
thereof has been levied.
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Section 9. Official State ent ontinuing is losure.
9.01 Official,Statement. The Official Statement relating to the Bonds
dated September _, 1995, and the Official Statement Supplement dated October
1995 (together the "Official Statement"), is a final official statement within the
meaning of Securities and Exchange Commission Regulation, 17 C.F.R. Section
240.15c2-12 ("Rule 15c2-12"). The initial purchasers of the Bonds designated in
Section 1 hereof (the "Initial Purchasers") are authorized and directed to distribute
the Official Statement to all persons to whom the bonds are reoffered.
9.02 Continuing Disclosure.
(a) General kin The City covenants and agrees with the
holders from time to time of the Bonds to comply with Rule 15c2-12,
paragraph (b)(5); and, for this purpose, to provide to nationally recognized
securities repositories and any Minnesota state information depository,
annual financial information of the type included in the Official Statement,
including audited financial statements, and notice of the occurrence of events
which materially affect the terms, payment, security, rating or tax status of the
bonds, as set forth in this Section. The City is the only "obligated person" in
respect of the Bonds within the meaning of Rule 15c2-12.
(b) Information to Be Disclosed. The City will provide, in the manner
set forth in paragraph (c) hereof, either directly or indirectly through an agent
designated by the City Council, the following information at the following
times:
(1) On or before in each year, commencing in 1996
(each a "Reporting Date"):
(A) the general purpose financial statements of the City
for the fiscal year ending on the previous December 31, prepared
in accordance with generally accepted accounting principles for
governmental entities as prescribed by the Government
Accounting Standards Board of, if and to the extent such
financial statements have not been prepared in accordance with
such generally accepted accounting principles, noting the
variances therefrom and the effect thereof, together with an
independent auditor's repot prepared with respect thereto by the
Office of the State Auditor of the State of Minnesota or other
auditing authority designated by State law; and
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(B) to the extent not included in the financial statements
referred to in clause (A) hereof, the informaiton for such fiscal
year of the type contained in the Official Statement [and in
Appendicies _ through of the Official Statementj*, which
information may be unaudited.
Any or all of the information may be incorporated by reference from
other documents, including official statements, which have been submitted to each
of the repositories referred to under this paragraph (b) or the Securities and
Exchange Commission. If the document incorporated by reference is a final official
statement, it must be available from the Municipal Securities Rulemaking Board.
The City shall clearly identify in the information each document so incorporated by
reference.
(2) In a timely manner, notice of the occurrence of arty of the
following events or conditions of which the City has actual knowledge,
and which is a Material Fact (as hereinafter defined):
(A) default in the payment of principal of or interest on
any Bonds;
(B) the failure of the City to observe any of its covenants
and agreements contained in this Resolution other than in this
Section 9.02;
(C) the issuance of a statutory notice of deficiency by the
Internal Revenue Service, a ruling from the National Office or
any District Office of the Internal Revenue Service, or a final
decision of a court of competent jurisdiction, which holds in
effect, or the delivery by bond counsel employed by the City to
any person of a written opinion concluding in effect, that the
interest payable on any Bonds is includable for federal income
tax purposes in the gross income of an owner of Bonds; or the
commencement by the Internal Revenue Service of an audit or
investigation of or other challenge to the exclusion of interest on
the Bonds from gross income for federal income tax purposes;
*Complete or strike if inapplicable.
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09/28/95 11:06 FAX 612 223 3002 SPRINGSTED INC. 1J019/041
(D) the issuance of a notice of deficiency or a ruling from
the Department of Revenue of the State, or a final decision of a
court of competent jurisdiction, which holds in effect, or the
delivery by bond counsel employed by the City to any person of a
written opinion concluding in effect, that the interest payable on
any Bonds is includable for State of Minnesota income tax
purposes in the gross income of an owner of Bonds;
(F) the amendment or supplementing of this Resolution
or any provision hereof (including this Section 9.02) or any
waiver by bondholders of any such provisions, together with a
copy of such amendment, supplement or waiver;
(F) the giving of the notice of redemption of any Bonds,
together with a copy of such notice of redemption;
(G) the discharge of the obligations of the City under this
Resolution before the final stated maturity date of the Bonds or
the defeasance of any Bonds under Section 7 hereof;
(H) any change in, or the withdrawal of, any rating of the
Bonds by a rating agency; and
(I) the failure of the City to provide the information
required under subparagraph (1) of this paragraph (b) at the time
specified thereunder.
As used herein, a "Material Fact" is a fact as to which a
substantial likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy or sell a Bond or, if not disclosed,
would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or
information generally available to the public.
(c) Manner of Disclosure. The City agrees to make available the
information described in paragraph (b) to the following entities by telecopy,
overnight delivery, mail or other means, as appropriate:
(1) the information described in subparagraphs (1) and (2) of
paragraph (b), to each then nationally recognized municipal securities
information repository under Rule 15c2-12 and to any State
information depository then designated or operated by the State of
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09/28/95 11:06 FAX 612 223 3002 SPRINGSTED INC. 2020/041
Minnesota as contemplated by the Rule 15c2-12 (the "State
Depository"), if any;
(2) the information described in subparagraph (2) of paragraph
(b), to the Municipal Securities Rulemaking Board and to the State
Depository, if any; and
(3) the information described in paragraph (b), to any rating
agency then maintaining a rating of the Bonds and, at the expense of
• any bondholder, to any bondholder who requests in writing such
information at the time of transmission under subparagraphs (1) or (2)
of this paragraph (c), as the case may be,or, if such information is
transmitted with a subsequent time of release, at the time such
information is to be released.
(d) Term; Amendments; Interpretation. The covenants of the City in
this Section 9.02 shall remain in effect so long as any Bonds are outstanding
under this Resolution. This Section 9.02 may be amended or supplemented
by the City from time to time, without notice to (except as provided in
paragraph (c) hereof) or the consent of the holders of any Bonds,by a
Resolution of the City Council accompanied by an opinion of bond counsel to
the effect that such amendment or supplement as required by, or better
complies with, the provisions of Rule 15c2-12, paragraph (b)(5), or is no
longer required by Rule 15c2-12. This Section 9.02 is entered into to comply
with the continuing disclosure provisions of the Rule 15c2-12, paragraph
(b)(5) and should be construed so as to satisfy its requirements.
(e) Failure to Comply; Remedies. If the City fails to comply with any
provisions of this Section 9.02 any person aggrieved thereby, including the
holders of arty Bonds outstanding under this Resolution, may take whatever
action at law or in equity may appear necessary or appropriate to enforce
performance and observance of any agreement or covenant contained in this
Section 9.02. Direct, indirect, consequential and punitive damages shall not
be recoverable for arty default hereunder. Notwithstanding anything to the
contrary contained herein, in no event shall a default under this Section 9.02
constitute a default with respect to the Bonds or under any other provision of
this Resolution.
Section 10. Tax Covenant; Arbitrage. (a) The City covenants and
agrees with the holders from time to time of the Bonds herein authorized, that it
will not take,or permit to be taken by any of its officers,employees or agents, arty
action which would cause the interest payable on the Bonds to become subject to
taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and
the regulations issued thereunder, in effect at the time of such action, and that it
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09/28/95 11:07 FAX 612 223 3002 SPRINGSTED INC. 411021/041
will take, or it will cause its officers, employees or agents to take, all affirmative
actions within its powers which may be necessary to insure that such interest will
not become subject to taxation under the Code and applicable treasury regulations,
as presently existing or as hereafter amended and made applicable to the Bonds.
(b) The Mayor and the City Clerk being the officers of the city charged
with the responsibility for issuing the Bonds pursuant to this resolution, are
authorized and directed to execute and deliver to the purchaser a certification in
order to satisfy the provisions or Section of the Code regulations promulgated
thereunder relating to arbitrage bonds and other tax matters.
Section 11. {, lified Tax-Exempt Obligations. This Council hereby
determines and declares that the City does not reasonably expect to issue in calendar
year 1995 tax-exempt obligations in an aggregate principal amount greater than
$10,000,000 (exclusive of "private activity bonds"). This Council hereby specifically
designates the Bonds as "qualified tax-exempt obligations" within the meaning of
Section 265 of the Code, and covenants that it will not in any event designate in
calendar year 1995 more than$10,000,000 of its obligations as such "qualified tax-
exempt obligations."
Section 12. Authentication of Transcript. The officers of the City and
said County Auditor are hereby authorized and directed to prepare and furnish to
the purchasers of the Bonds, and to the attorneys rendering an opinion as to the
legality thereof, certified copies of all proceedings and records relating to the Bonds
and such other affidavits, certificates and information as may be required to show
the facts relating to the legality and marketability of the Bonds, as the same appear
from the books and records in their custody and control or as otherwise known to
them, and all such certified copies, affidavits and certificates, including any
heretofore furnished, shall be deemed representations of the City as to the
correctness of all statements contained therein.
The motion for the adoption of the foregoing
resolution was duly seconded by Councilmember
and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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09/28/95 11:07 FAX 612 223 3002 SPRINGSTED INC. 01022/041
Councilmember then introduced the following
resolution and moved its adoption:
RESOLUTION NO. Y a'
RESOLUTION AUTHORIZING ISSUANCE,
AWARDING SALE, PRESCRIBING THE FORM AND
DETAILS AND PROVIDING FOR THE PAYMENT OF
$1,150,000 GENERAL OBLIGATION STORM WATER
REVENUE BONDS, SERIES 1995B
BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as
follows:
Section 1. Authorization and Sale.
1.01. Authorization of Bonds. This Council, by its Resolution No.
adopted on September 5, 1995, has determined that is necessary for the City to sell
and issue its General Obligation Storm Water Revenue Bonds, Series 1995B in the
aggregate principal amount of$1,150,000 (the Bonds) to finance the cost of
improvements to the City's storm sewer system. Resolution No. is
incorporated herein by reference.
1.02. Proposals Received. The City has received proposals for the
purchase of the Bonds, and does hereby find and determine that the most favorable
proposal received is that of , of
, and associates (the "Underwriter"), to purchase the Bonds at a
price of $ plus accrued interest on all Bonds to the day of delivery and
payment, on the further terms and conditions hereinafter set forth.
1.03. Sale of Bonds. The sale of the Bonds is hereby awarded to said bidder,
and the Mayor and City Clerk are hereby authorized and directed on behalf of the
City to execute a contract for the sale of the Bonds in accordance with the terms of
said bid. The good faith check of the successful bidder shall be retained and
deposited by the Finance Director. The good faith checks of other bidders shall be
returned to them forthwith.
Section 2. Bond Terms; Registration; Execution and Delivery. Subject to the
provisions of Section 2.08:
2.01. Maturities; Interest Rates:penominations; Payment. The Bonds shall be
designated General Obligation Storm Water Revenue Bonds, Series 1995B, shall be
originally dated as of November 1, 1995, shall be in the denomination of $5,000 each,
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or any integral multiple thereof, shall mature on February 1 in the respective years
and amounts stated below, and shall bear interest from date of issue until paid at the
respective annual rates set forth opposite such years and amounts, as follows:
Year Amount Rae Year Amount Rate
1997 $80,000 % 2002 $115,000
1998 100,000 2003 125,000
1999 105,000 2004 130,000
2000 105,000 2005 135,000
2001 110,000 2006 145,000
The Bonds shall be issuable only in fully registered form. The interest thereon and,
upon surrender of each Bond, the principal amount thereof, shall be payable by
check or draft issued by the Registrar for the Bonds appointed herein.
2.02. Dates; Interest Payment Dates. Each Bond shall be authenticated as of
the last interest payment date preceding the date of authentication to which interest
on the Bond has been paid or made available for payment, unless (i) the date of
authentication is an interest payment date to which interest has been paid or made
available for payment, in which case such Bond shall be dated as of the date of
authentication, or (ii) the date of authentication is prior to August 1, 1996, in which
case such Bond shall be dated as of November 1, 1995. The interest on the Bonds
shall be payable on February 1 and August 1 in each year, commencing August 1,
1996, to the owner of record thereof as of the close of business on the fifteenth day of
the immediately preceding month, whether or not such day is a business day.
2.03. Registration. The City shall appoint, and shall maintain, a bond
registrar, transfer agent and paying agent (the Registrar). The effect of registration
and the rights and duties of the City and the Registrar with respect thereto shall be as
follows:
(a) Register. The Registrar shall keep at its principal corporate trust
office a bond register in which the Registrar shall provide for the registration
of ownership of Bonds and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond
duly endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shall authenticate And deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
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09/28/95 11:08 FAX 612 223 3002 SPRINGSTED INC. 11024/041
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by
the registered owner for exchange the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly canceled by the Registrar and thereafter disposed
of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is
presented to the Registrar for transfer, the Registrar may refuse to transfer the
same until it is satisfied that the endorsement on such Bond or separate
instrument of transfer is valid and genuine and that the requested transfer is
legally authorized. The Registrar shall incur no liability for the refusal, in
good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat
the person in whose name any Bond is at any time registered in the bond
register as the absolute owner of such Bond, whether such Bond shall be
overdue or not, for the purpose of receiving payment of, or on account of, the
principal of and interest on such Bond and for all other purposes, and all such
payments so made to any such registered owner or upon the owner's order
shall be valid and effectual to satisfy and discharge the liability upon such
Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of
Bonds, the Registrar may impose a charge upon the owner thereof sufficient
to reimburse the Registrar for any tax, fee or other governmental charge
required to be paid with respect to such transfer or exchange_
(h) +' -.v d • t .1- .r D tr. -. :. •.s. In case any Bond
shall become mutilated or be destroyed, stolen or lost, the Registrar shall
deliver a new Bond of like amount, number, maturity date and tenor in
exchange and substitution for and upon cancellation of any such mutilated
Bond or in lieu of and in substitution for Any such Bond destroyed, stolen or
lost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith; and, in the case of a Bond destroyed, stolen
or lost, upon filing with the Registrar of evidence satisfactory to it that such
Bond was destroyed, stolen or lost, and of the ownership thereof, and upon
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09/28/95 11:09 FAX 612 223 3002 SPRINGSTED INC. ZJ025/041
furnishing to the Registrar of an appropriate bond or indemnity in form,
substance and amount satisfactory to it, in which both the City and the
Registrar shall be named as obligees. All Bonds so surrendered to the
Registrar shall be canceled by it and evidence of such cancellation shall be
destroyed, stolen or lost Bond has already
If the mutilated, ,
given to the City.
Y
matured or been called for redemption in accordance with its terms it shall
not be necessary to issue a new Bond prior to payment.
2.04. Appointmelt of gegistr r and Paying Agent. The City hereby appoints
Minnesota, as the initial Registrar and Paying Agent for the Bonds, which, together
with any successor entity is sometimes referred to herein as the Registrar or the
Registrar and Paying Agent. The Mayor and the City Clerk are authorized to execute
and deliver, on behalf of the City, a contract with said Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the resulting corporation
is a bank or trust company authorized by law to conduct such business, such
corporation shall be Authorized to act as successor Registrar. The City agrees to pay
the reasonable and customary charges of the Registrar for the services performed.
The City reserves the right to remove the Registrar upon thirty (30) days notice and
upon the appointment of a successor Registrar, in which event the predecessor
Registrar shall deliver all cash and Bonds in its possession to the successor Registrar
and shall deliver the bond register to the successor Registrar.
2.05. Redemption. The Bonds shall not be subject to redemption prior to
maturity.
2.06. Execution. Authentication and Delivery. The Bonds shall be prepared
under the direction of the City Clerk and shall be executed on behalf of the City by
the signatures of the Mayor and the City Clerk, provided that all signatures may be
printed, engraved or lithographed facsimiles of the originals. In case any officer
whose signature or a facsimile of whose signature shall appear on the Bonds shall
cease to be such officer before the delivery of any Bond, such signature or facsimile
shall nevertheless be valid and sufficient for all purposes, the same as if he had
remained in office until delivery. Notwithstanding such execution, no Bond shall
be valid or obligatory for any purpose or entitled to any security or benefit under this
Resolution unless and until a certificate of authentication on such Bond has been
duly executed by the manual signature of an authorized representative of the
Registrar. Certificates of authentication on different Bonds need not be signed by the
same representative. The executed certificate of authentication on each Bond shall
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be conclusive evidence that it has been authenticated and delivered under this
Resolution. When the Bonds have been so prepared, executed and authenticated,
the Clerk shall deliver the same to the purchaser thereof upon payment of the
purchase price in accordance with the contract of sale heretofore made and executed,
and said purchaser shall not be obligated to see to the application of the purchase
price.
2.07. Form of Bonds. The Bonds shall be printed in substantially the
following form:
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[Face of the Bonds]
UNITED STATES OF AMERICA
R- STATE OF MINNESOTA $
COUNTY OF SCOTT
CITY OF SHAKOPEE
GENERAL OBLIGATION STORM WATER REVENUE BOND,
SERIES 1995B
Interest Maturity Date of
Rate Date Original Issue CUSIP
February 1 November 1, 1995
Registered Owner:
Principal Amount: Dollars
KNOW ALL PERSONS BY THESE PRESENTS that the City of Shakopee, a
duly organized and existing municipal corporation of Scott County, Minnesota (the
City), acknowledges itself to be indebted and for value received hereby promises to
pay to the registered owner named above, or registered assigns, the principal sum
specified above on the maturity date specified above, without option of prior
payment, and to pay interest thereon from the date hereof at the annual rate
specified above, payable on February 1 and August 1 in each year, commencing
August 1, 1996, to the person in whose name this Bond is registered at the close of
business on the 15th day (whether or not a business day) of the month immediately
preceding the payment date, all subject to the provisions referred to herein with
respect to the redemption of the principal of this Bond before maturity. The interest
hereon and, upon presentation and surrender of this Bond, the principal hereof, are
payable in lawful money of the United States of America by check or draft issued by
, in ,
Bond Registrar and Paying Agent (the Registrar), or its designated successor under
the Resolution described herein. For the prompt and full payment of such principal
and interest as the same respectively become due, the full faith and credit and taxing
powers of the City have been and are hereby irrevocably pledged.
Additional provisions of this Bond are contained on the reverse hereof and
such provisions shall for all purposes have the same effect as though fully set forth
in this place.
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This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution described herein until the
Certificate of Authentication hereon shall have been executed by the Registrar by
manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by
its City Council, has caused this Bond to be executed on its behalf by the printed
facsimile signatures of the Mayor and City Clerk, and has caused this Bond to be
dated as of the Date of Original Issue set forth above.
CITY OF SHAKOPEE, MINNESOTA
(facsimile)
Mayor
•
Attest: (facsimile)
City Clerk
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned
within.
Date of Authentication:
Registrar
By
Authorized Representative
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[Reverse of the Bonds]
This Bond is one of an issue in the aggregate principal amount of$1,150,000,
all of like date and tenor, except as to maturity date, interest rate and denomination,
issued pursuant to a resolution adopted by the City Council on October 3, 1995 (the
Resolution), for the purpose of financing the cost of improvements to the City's
storm sewer system, and is issued pursuant to and in full conformity with the
constitution and laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Chapters 444 and 475. The Bonds of this series are issuable only
as fully registered Bonds, in denominations of $5,000 of any multiple thereof, of
single maturities. In the Resolution the City Council determined that in calendar
year 1995 the City does not expect to issue tax-exempt obligations in an aggregate
principal amount greater than $10,000,000 (exclusive ofrivate activitybonds"), and
P
designated the Bonds as Qualified tax exempt obligations within the meaning of
Section 265 of the Internal Revenue Code of 1986.
As provided in the Resolution and subject to certain limitations set forth
therein, this Bond is transferable upon the books of the City at the principal office of
the Registrar, by the registered owner hereof in person or by the owner's attorney
duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered
owner or the owner's attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange the City will
cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name
this Bond is registered as the absolute owner hereof, whether this Bond is overdue
or not, for the purpose of receiving payment and for all other purposes, and neither
the City nor the Registrar shall be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
acts, conditions and things required by the constitution and the laws of the State of
Minnesota to be done, to exist, to happen and to be performed preliminary to and in
the issuance of this Bond in order to make it a valid and binding general obligation
of the City in accordance with its terms, have been done, do exist, have happened
and have been performed as so required; that in and by the Resolution authorizing
this issue of Bonds, the City has covenanted and agreed with the holders of the
Bonds that it will impose and collect charges for the service, use and availability of
its municipal storm sewer system at the times and in the amounts required to
produce net revenues which are not less than 5% in excess of the principal of and
interest on the Bonds when due, and has appropriated such net revenues, to the
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extent necessary, for this purpose, and has pledged its full faith and credit and taxing
powers to the payment of such principal and interest when due; that if necessary for
payment of such principal and interest, ad valorem taxes are required to be levied
upon all taxable property in the City, without limitation as to rate or amount; and
that the issuance of this Bond does not cause the indebtedness of the City to exceed
arty constitutional or statutory limitation of indebtedness.
(Form of certificate to be printed on the reverse side of each Bond,
following a full copy of the legal opinion)
We certify that the above is a full, true and correct copy of the legal opinion
rendered by bond counsel on the issue of Bonds of the City of Inver Grove Heights,
Minnesota, which includes the within Bond, dated as of the date of delivery of and
payment for the Bonds.
(Facsimile Signature) (Facsimile Signature)
City Clerk Mayor
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The following abbreviations, when used in the inscription on the face of this
Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM-- as tenants UTMA Custodian
in common (Cust) (Minor)
TEN ENT -- as tenants under Uniform Transfers to Minors
by entireties
JT TEN-- as joint tenants Act
with right of (State)
survivorship and
not as tenants in common
Additional abbreviations may also be used though not in
the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the
within Bond and all rights thereunder, and does hereby irrevocably constitute and
appoint attorney to transfer the said
Bond on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
Notice: The assignor's signature to this
assignment must correspond with the
name as it appears upon the face of the
within Bond in every particular,
without alteration or enlargement or
any change whatever.
Signature Guaranteed:
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Signatures) must be guaranteed by a national bank or trust company or by a
brokerage firm having a membership in one of the major stock exchanges.
The Registrar will not effect transfer of this Bond unless the information
concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is
held by joint account)
Please insert social security or
other identifying number of assignee
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2.08. Use of S urities Deposits ry; Book-Entry Only System. The
provisions of this Section shall take precedence over the provisions of Sections 2.01
through 2.07 to the extent they are inconsistent therewith.
(a) Midwest Securities Trust Company ("MSTC") has agreed to act as
securities depository for the Bonds, and to provide a Book-Entry Only System for
registering the ownership interest of the financial institutions for which it holds the
Bonds (the "MSTC Participants"), and for distributing to such MSTC Participants
such amount of the principal and interest payments on the Bonds as they are
entitled to receive, for redistribution to the beneficial owners of the Bonds as
reflected in their records (the "Beneficial Owners"). The Mayor and the City Clerk
are authorized and directed to enter into a Depository Letter Agreement with MSTC
in the form presented to this Council on this date.
(b) Initially, and so long as MSTC or another qualified entity
continues to act as securities depository, the Bonds shall be issued in typewritten
form, one for each maturity in a principal amount equal to the aggregate principal
amount of each maturity, shall be registered in the name of the securities depository
or its nominee, shall be subject to the provisions of this Section 2.08, and no
Beneficial Owner shall have the right to receive a certificate of ownership or printed
Bond. While MSTC is acting as the securities depository, the Bonds shall be
registered in the name of the MSTC's nominee, KRAY & CO; provided that upon
delivery by MSTC to the City and the Registrar of written notice to the effect that
MSTC has determined to substitute a new nominee in place of KRAY & CO., the
words "KRAY & CO." in this Order shall refer to such new nominee of MSTC.
With respect to Bonds registered in the name of a securities depository
or its nominee, the City and the Registrar shall have no responsibility or obligation
to any MSTC Participant or Beneficial Owner with respect to the following: (i) the
accuracy of the records of any securities depository or its nominee with respect to
any ownership interest in the Bonds, (ii) the delivery to any MSTC Participant or
other person or any other person, other than MSTC, of any notice with respect to the
Bonds, including any notice of redemption, or (iii) the payment to any MSTC
Participant or any other person, other than MSTC, of any amount with respect to the
principal of or premium, if any, or interest on the Bonds. The Registrar shall pay all
principal of and premium, if any, and interest on the Bonds only to or upon the
order of MSTC, and all such payments shall be valid and effective to fully satisfy and
discharge the City's obligations with respect to the principal and interest on the
Bonds to the extent of the sum or sums so paid. So long as the Book-Entry Only
System is in effect, no person other than MSTC shall receive an authenticated Bond.
(c) Upon receipt by the City and the Registrar of written notice from
the securities depository to the effect that it is unable or unwilling to discharge its
responsibilities under the Book-Entry Only System, the Registrar shall issue, transfer
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and exchange Bonds of the initial series as requested by the securities depository in
appropriate amounts, and whenever the securities depository requests the City and
the Registrar to do so, the City and the Registrar shall cooperate with the securities
depository in taking appropriate action after reasonable notice (i) to arrange for a
substitute depository willing and able, upon reasonable and customary terms, to
maintain custody of the Bonds, or (ii) to make available Bonds registered in
whatever name or names the Beneficial Owner registering ownership transferring
or exchanging such Bonds shall designate, in accordance with clause (f) or clause (g)
below, whichever is applicable.
(d) In the event the City determines that it is in the best interests of
the Beneficial Owner that they be able to obtain printed Bonds, the City may so
notify the securities depository and the Registrar, whereupon the securities
depository shall notify the Beneficial Owners of the availability through the
securities depository of such printed Bonds. In such event, the City shall cause to be
prepared and the Registrar shall issue, transfer and exchange the printed Bonds fully
executed and authenticated, as requested by the securities depository in appropriate
amounts and, whenever the securities depository requests, the City and the
Registrar shall cooperate with the securities depository in taking appropriate action
after reasonable notice to make available printed Bonds registered on the Bond
Register in whatever name or names the Beneficial Owners entitled to receive
Bonds shall designate, in accordance with clause (f) or clause (g) below, whichever is
applicable.
(e) Notwithstanding any other provisions of this Resolution to the
contrary, so long as any Bond is registered in the name of a securities depository or
its nominee, all payments of principal and interest on the Bond and all notices with
respect to the Bond shall be made and given, respectively, to the securities
depository.
(f) In the event that the Book-Entry Only System established pursuant
to this Section is discontinued, except as provided in clause (g), the Bonds shall be
issued through the securities depository to the Beneficial Owners.
(g) In the event of termination of the Book-Entry Only System, the
City shall have the right to terminate, and shall take all steps necessary to terminate,
all arrangements with the securities depository described herein, and thereafter shall
issue, register ownership of, transfer and exchange all Bonds as provided in Section
2.03. Upon receipt by the securities depository of notice from the City, the securities
depository shall take all actions necessary to assist the City and the Registrar in
terminating all arrangements for the issuance of documents evidencing ownership
interests in the Bonds through the securities depository. Nothing herein shall affect
the securities depository's rights under clause (e) above.
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Section 3. Security Provisions,
3.01. Construction Account. A separate and special 1995 Construction
Account is established in the Storm Sewer Fund of the City. The Account shall be
maintained on the official books and records of the City and held and administered
by the Finance Director separate and apart from all other funds and accounts of the
City. There is appropriated to the Account all proceeds received from the sale of the
Bonds, less the amount thereof required to be deposited in the Debt Service Account
described in Section 3.02 hereof. Moneys on hand in the Construction Account
from time to time shall be used solely to pay capital costs of improvements to the
municipal storm sewer system. Any amounts remaining in the Construction
Account upon completion of the improvements financed by the Bonds and
payment of all of the costs thereof shall be transferred to said Debt service Account.
3.02. Debt Service Account. The Bonds shall be payable from the Debt Service
Account in the Storm Sewer Fund of the City. The Account shall be held and
administered by the Finance Director separate and apart from all other funds and
accounts of the City and used for no other purpose than the payment of principal of
and interest on the Bonds and such other general obligation storm water revenue
bonds of the City as this Council may designate;provided that, if any payment of
principal or interest shall become due when there is not sufficient money in said
Account to pay the same, the Finance Director shall, nevertheless, pay such
principal or interest from other funds of the City, and such other funds shall be
reimbursed for such advances out of the next net revenues or ad valorem taxes
received in the Debt Service Account and not needed to pay principal and interest
on bonds payable therefrom. Into said Account shall be paid all net revenues
appropriated to the payment of bonds and interest made payable from said Account,
any taxes levied pursuant to Section 3.06, and any amount in excess of$1,138,500
received from the purchaser upon the delivery of the Bonds.
3.03. Sufficiency of Storm Water Revenues. It is hereby found, determined
and declared that the City of Shakopee now owns and operates a municipal storm
sewer system as a revenue-producing utility and convenience; that the City has the
following outstanding bond issues which constitute a lien and encumbrance upon
the revenues of the system: $ (the
Outstanding Bonds); and that the net operating revenues of the system, after
deducting from the gross receipts derived from charges for the service, use and
availability of the system the normal, current and reasonable expenses of operation
and maintenance thereof, will be sufficient, together with any special assessments
pledged to the Debt Service Account, to pay the principal of and interest on said
Outstanding Bonds and the Bonds herein authorized when due.
3.04. Rate Covenant. Pursuant to Minnesota Statutes, Section 444.075, the
City of Shakopee hereby covenants and agrees with the holders from time to time of
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the Bonds herein authorized that, until the Bonds and the interest thereon are paid
in full or are discharged as provided in Section 4, the City will impose and collect
reasonable charges for the service, use and availability of its municipal storm sewer
system according to schedules sufficient to produce net revenues of said utility
sufficient, together with any bond proceeds, special assessments, or taxes pledged to
the Debt Service Account, to pay all principal and interest when due on all
Outstanding Bonds of the City to which such revenues are pledged, and on the
Bonds herein authorized; and said net revenues, to the extent necessary, are hereby
irrevocably pledged and appropriated to the payment of the Bonds herein
authorized and interest thereon when due. Nothing herein shall preclude the City
from hereafter making further pledges and appropriations of the net revenues of its
municipal storm sewer system for payment of additional obligations of the City
hereafter authorized if the City Council determines before the authorization of such
additional obligations that the estimated net revenues of the system will be
sufficient, together with any other sources pledge to the payment of the outstanding
and additional obligations, for payment of the outstanding bonds and such
additional obligations. Such further pledges and appropriations of said net
revenues may be made superior or subordinate to or on a parity with the pledge and
appropriation herein made.
3.05. Pari of of Pl dges. The pledge of net revenues of the municipal storm
sewer system made in Section 3.04 for the Bonds herein authorized shall be on a
parity with the pledges made by resolution for the Outstanding Bonds. The City
reaffirms its obligation to comply with the covenants and agreements made in such
resolutions for the security of the Outstanding Bonds.
3.06. Pledge of Full Faith and Credit. The full faith and credit and taxing
powers of the City are hereby irrevocably pledged to the payment of the principal of
and interest on the Bonds when due; and, if necessary for the payment of such
principal and interest, the City will levy ad valorem taxes on all taxable property
within its corporate limits, without limitation as to rate or amount. However, it is
estimated that the Bond proceeds and net revenues pledged to the payment of the
Bonds will not be less then five percent in excess of amounts needed to pay such
principal and interest when due and, accordingly, no tax is levied for this purpose st
this time.
Section 4. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the holders of the Bonds shall cease. The City may discharge its
obligations with respect to any Bonds which are due on any date by depositing with
the Registrar on or before that date a sum sufficient for the payment thereof in full;
or, if any Bond should not be paid when due, it may nevertheless be discharged by
depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also
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discharge its obligations with respect to any prepayable Bonds called for redemption
on any date when they are prepayable according to their terms, by depositing with
the Registrar on or before that date an amount equal to the principal, interest and
redemption premium, if any, which are then due, provided that notice of such
redemption has been duly given as provided herein. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law
now or hereafter authorizing and regulating such action, by depositing irrevocably
in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or
securities which are authorized by law to be so deposited, bearing interest payable at
such time and at such rates and maturing or callable at the holder's option on such
dates as shall be required to pay all principal, interest and redemption premiums to
become due thereon to maturity or said redemption date.
Section 5. Registration of Bonds. The Administrator-Clerk is hereby
authorized and directed to file a certified copy of this resolution with the County
Auditor of Scott County, together with such additional information as they shall
require, and to obtain from said County Auditor a certificate that the Bonds have
been duly entered upon his bond register.
Section 6. Official Statement; Continuing Disclosure.
6.01 Official Statement. The Official Statement relating to the Bonds dated
September __, 1995, and the Official Statement Supplement dated October 1995
(together the "Official Statement"), is a final official statement within the meaning
of Securities and Exchange Commission Regulation, 17 C.F.R. Section 240.15c2-12
("Rule 15c2-12"). The initial purchasers of the Bonds designated in Section 1 hereof
(the "Initial Purchasers") are authorized and directed to distribute the Official
Statement to all persons to whom the bonds are reoffered.
6.02 Continuing Disclosure.
(a) general Undertaking. The City covenants and agrees with the
holders from time to time of the Bonds to comply with Rule 15c2-12,
paragraph (b)(5); and, for this purpose, to provide to nationally recognized
securities repositories and any Minnesota state information depository,
annual financial information of the type included in the Official Statement,
including audited financial statements, and notice of the occurrence of events
which materially affect the terms, payment, security, rating or tax status of the
bonds, as set forth in this Section. The City is the only "obligated person" in
respect of the Bonds within the meaning of Rule 15c2-12.
(b) Information tQ Be Disclosed. The City will provide, in the manner
set forth in paragraph (c) hereof, either directly or indirectly through an agent
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designated by the City Council, the following information at the following
times:
(1) On or before ! in each year, commencing in 1996
(each a "Reporting Date"):
(A) the general purpose financial statements of the City
for the fiscal year ending on the previous December 31, prepared
in accordance with generally accepted accounting principles for
governmental entities as prescribed by the Government
Accounting Standards Board of, if and to the extent such
financial statements have not been prepared in accordance with
such generally accepted accounting principles, noting the
variances therefrom and the effect thereof, together with an
independent auditor's repot prepared with respect thereto by the
Office of the State Auditor of the State of Minnesota or other
auditing authority designated by State law; and
(B) to the extent not included in the financial statements
referred to in clause (A) hereof, the informaiton for such fiscal
year of the type contained in the Official Statement [and in
Appendicies _ through of the Official Statement)*, which
information may be unaudited.
Any or all of the information may be incorporated by reference from other
documents, including official statements, which have been submitted to each of the
repositories referred to under this paragraph (b) or the Securities and Exchange
Commission. If the document incorporated by reference is a final official statement,
it must be available from the Municipal Securities Rulemaking Board. The City
shall clearly identify in the information each document so incorporated by
reference.
(2) In a timely manner, notice of the occurrence of any of the following
events or conditions of which the City has actual knowledge, and which is a
Material Fact (as hereinafter defined):
(A) default in the payment of principal of or interest on any
Bonds;
*Complete or strike if inapplicable.
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09/28/95 11:16 FAX 612 223 3002 SPRINGSTED INC. Qh039/041
(B) the failure of the City to observe any of its covenants and
agreements contained in this Resolution other than in this Section
6.02;
(C) the issuance of a statutory notice of deficiency by the Internal
Revenue Service, a ruling from the National Office or any District
Office of the Internal Revenue Service, or a final decision of a court of
competent jurisdiction, which holds in effect, or the delivery by bond
counsel employed by the City to any person of a written opinion
concluding in effect, that the interest payable on any Bonds is
includable for federal income tax purposes in the gross income of an
owner of Bonds; or the commencement by the Internal Revenue
Service of an audit or investigation of or other challenge to the
exclusion of interest on the Bonds from gross income for federal
income tax purposes;
(D) the issuance of a notice of deficiency or a ruling from the
Department of Revenue of the State, or a final decision of a court of
competent jurisdiction, which holds in effect, or the delivery by bond
counsel employed by the City to any person of a written opinion
concluding in effect, that the interest payable on any Bonds is
includable for State of Minnesota income tax purposes in the gross
income of an owner of Bonds;
(E) the amendment or supplementing of this Resolution or any
provision hereof (including this Section 6.02) or any waiver by
bondholders of any such provisions, together with a copy of such
amendment, supplement or waiver;
(F) the giving of the notice of redemption of any Bonds, together
with a copy of such notice of redemption;
(G) the discharge of the obligations of the City under this
Resolution before the final stated maturity date of the Bonds or the
defeasance of any Bonds under Section 4 hereof;
(H) arty change in, or the withdrawal of, any rating of the Bonds
by a rating agency;and
(I) the failure of the City to provide the information required
under subparagraph (1) of this paragraph (b) at the time specified
thereunder.
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As used herein, a "Material Fact" is a fact as to which a
substantial likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy or sell a Bond or, if not disclosed,
would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or
information generally available to the public.
(c) Manner of Disclosure. The City agrees to make available the
information described in paragraph (b) to the following entities by telecopy,
overnight delivery, mail or other means, as appropriate:
(1) the information described in subparagraphs (1) and (2) of
paragraph (b), to each then nationally recognized municipal securities
information repository under Rule 15c2-12 and to arty State
information depository then designated or operated by the State of
Minnesota as contemplated by the Rule 15c2-12 (the "State
Depository"), if any;
(2) the information described in subparagraph (2) of paragraph
(b), to the Municipal Securities Rulemaking Board and to the State
Depository, if any; and
(3) the information described in paragraph (b), to any rating
agency then maintaining a rating of the Bonds and, at the expense of
any bondholder, to any bondholder who requests in writing such
information at the time of transmission under subparagraphs (1) or (2)
of this paragraph (c), as the case may be, or, if such information is
transmitted with a subsequent time of release, at the time such
information is to be released.
(d) Term; Amendments; Interpretatifln. The covenants of the City in
this Section 6.02 shall remain in effect so long as any Bonds are outstanding
under this Resolution. This Section 6.02 may be amended or supplemented
by the City from time to time, without notice to (except as provided in
paragraph (c) hereof) or the consent of the holders of any Bonds, by a
Resolution of the City Council accompanied by an opinion of bond counsel to
the effect that such amendment or supplement as required by, or better
complies with, the provisions of Rule 15c2-12, paragraph (b)(5), or is no
longer required by Rule 15c2-12. This Section 6.02 is entered into to comply
with the continuing disclosure provisions of the Rule 15c2-12, paragraph
(b)(5) and should be construed so as to satisfy its requirements.
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(e) Failure to Comply; Remedies. If the City fails to comply with any
provisions of this Section 6.02 any person aggrieved thereby, including the
holders of any Bonds outstanding under this Resolution, may take whatever
action at law or in equity may appear necessary or appropriate to enforce
performance and observance of any agreement or covenant contained in this
Section 6.02. Direct, indirect, consequential and punitive damages shall not
be recoverable for any default hereunder. Notwithstanding anything to the
contrary contained herein, in no event shall a default under this Section 9.02
constitute a default with respect to the Bonds or under any other provision of
this Resolution.
Section 7. Tax Covgnant; Arbitrage,. (a) The City covenants and agrees with
the holders from time to time of the Bonds herein authorized, that it will not take,
or permit to be taken by any of its officers, employees or agents, any action which
would cause the interest payable on the Bonds to become subject to taxation under
the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations
issued thereunder, in effect at the time of such action, and that it will take, or it will
cause its officers, employees or agents to take, all affirmative actions within its
powers which may be necessary to insure that such interest will not become subject
to taxation under the Code and applicable treasury regulations, as presently existing
or as hereafter amended and made applicable to the Bonds.
(b) The Mayor and the City Clerk being the officers of the City charged with
the responsibility for issuing the Bonds pursuant to this resolution, are authorized
and directed to execute and deliver to the purchaser a certification in order to satisfy
the provisions or Section of the Code regulations promulgated thereunder relating
to arbitrage bonds and other tax matters.
Section 8. Oualifi.ed Tax-Exempt Obligations. This Council hereby
determines and declares that the City does not reasonably expect to issue in calendar
year 1995 tax-exempt obligations in an aggregate principal amount greater than
$10,000,000 (exclusive of Private activity bonds"). This Council hereby specifically
designates the Bonds as Qualified tax-exempt obligations" within the meaning of
Section 265 of the Code, and covenants that it will not in any event designate in
calendar year 1995 more than $10,000,000 of its obligations as such Qualified tax-
exempt obligations."
Section 9. Authentication 9f Transcript. The officers of the City and said
County Auditor are hereby authorized and directed to prepare and furnish to the
purchasers of the Bonds, and to the attorneys rendering an opinion as to the legality
thereof, certified copies of all proceedings and records relating to the Bonds and such
other affidavits, certificates and information as may be required to show the facts
relating to the legality and marketability of the Bonds, as the Same appear from the
books and records in their custody and control or as otherwise known to them, and
all such certified copies, affidavits and certificates, including any heretofore
furnished, shall be deemed representations of the City as to the correctness of all
statements contained therein.
-22-
OFFICIAL STATEMENT DATED SEPTEMBER 20, 1995
Ratings: Requested from Moody's
NEW ISSUES Investors Service
In the opinion of Dorsey& Whitney, P.L.L.P., Bond Counsel, interest on the Bonds is not includable in the gross income of the
recipient for United States or State of Minnesota income tax purposes and is not an item of tax preference included in the
computationof the alternative minimum tax imposed on individuals under the Internal Revenue Code. Interest on the Bonds is
subject to Minnesota franchise taxes on banks and corporations measured by income and is includable in the calculation of certain
federal and State of Minnesota taxes imposed on corporations. (See"Tax Exemption"herein.)
City of Shakopee, Minnesota
$3,180,000
General Obligation Improvement Bonds, Series 1995A
(the"Series 1995A Bonds")
$1,150,000
General Obligation Storm Water Revenue Bonds, Series 1995B
(the"Series 1995B Bonds.')
(collectively referred to as the"Bonds"or the"Issues")
(Book Entry Only)
Dated Date: November 1,1995 Interest Due: Each February 1 and August 1,
commencing August 1, 1996
The Series 1995A Bonds will mature February 1 as follows:
1997 $ 95,000 2001 $395,000 2005 $210,000
1998 $480,000 2002 $390,000 2006 $210,000
1999 $400,000 2003 $210,000 2007 $185,000
2000 $395,000 2004 $210,000
The City may elect on February 1, 2005, and on any day thereafter, to prepay the Series 1995A Bonds
due on or after February 1, 2006 at a price of par plus accrued interest.
The Series 1995B Bonds will mature February 1 as follows:
1997 $ 80,000 2001 $110,000 2004 $130,000
1998 $100,000 2002 $115,000 2005 $135,000
1999 $105,000 2003 $125,000 2006 $145,000
2000 $105,000
The Series 1995B Bonds will not be subject to payment in advance of their respective stated maturity
dates.
Common to Both Issues
A separate proposal, for not less than the amounts shown below, must be submitted for each Issue, along
with a good faith deposit in the form of a certified or cashier's check or a Financial Surety Bond, payable to
the order of the City. Interest rates must be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in
ascending order. Award of the Bonds will be on the basis of true interest cost(TIC).
Minimum Bid Good Faith Deposit
The Series 1995A Bonds $3,148,200 $31,800
The Series 1995B Bonds $1,138,500 $11,500
The Bonds will be bank-qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended, and will not be subject to the alternative minimum tax for individuals.
The Bonds will be issued as fully registered Bonds without coupons and, when issued, will be registered in
the name of Kray & Co., as nominee of Midwest Securities Trust Company ("MSTC"). MSTC will act as
securities depository of the Bonds. Individual purchases may be made in book entry form only, in the
principal amount of $5,000 and integral multiples thereof. Purchasers will not receive certificates
representing their interest in the Bonds purchased. (See"Global Book Entry Form of Ownership" herein.)
The Bonds will be available for delivery at MSTC within 40 days after award. The City will name the
Registrar and pay for registration services.
PROPOSALS RECEIVED: October 3, 1995 (Tuesday) at 11:00 A.M., Central Time
AWARD: October 3, 1995 (Tuesday) at 7:00 P.M., Central Time
2Further information may be obtained from
S P R I N G S T E D SPRINGSTED Incorporated, Financial Advisor to
the Issuer, 85 East Seventh Place, Suite 100,
PUBLIC FINANCE ADVISORS Saint Paul,Minnesota 55101 (612)223-3000
For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission,
this document, as the same may be supplemented or corrected by the Issuer from time to time
(collectively, the "Official Statement"), may be treated as an Official Statement with respect to
the Obligations described herein that is deemed final as of the date hereof (or of any such
supplement or correction) by the Issuer, except for the omission of certain information referred
to in the succeeding paragraph.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Obligations, together with any other
information required by law, shall constitute a "Final Official Statement" of the Issuer with
respect to the Obligations, as that term is defined in Rule 15c2-12. Any such addendum shall,
on and after the date thereof, be fully incorporated herein and made a part hereof by reference.
By awarding the Obligations to any underwriter or underwriting syndicate submitting a Proposal
therefor, the Issuer 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 Obligations are awarded copies of the Official Statement and the addendum or addenda
described in the preceding paragraph in the amount specified in the Terms of Proposal.
The Issuer designates the senior managing underwriter of the syndicate to which the
Obligations 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 Obligations agrees thereby that if its bid is accepted by the Issuer (i) it shall
accept such designation and (ii) it shall enter into a contractual relationship with all Participating
Underwriters of the Obligations for purposes of assuring the receipt by each such Participating
Underwriter of the Final Official Statement.
No dealer, broker, salesman or other person has been authorized by the Issuer to give any
information or to make any representations with respect to the Obligations other than as
contained in the Official Statement or the Final Official Statement, and, if, given or made, such
other information or representations must not be relied upon as having been authorized by the
Issuer. Certain information contained in the Official Statement and the Final Official Statement
may have been obtained from sources other than records of the Issuer and, while believed to
be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND
EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL
STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE
OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE
UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS
BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE THE DATE THEREOF.
References herein to laws, rules, regulations, resolutions, agreements, reports and other
documents do not purport to be comprehensive or definitive. All references to such documents
are qualified in their entirety by reference to the particular document, the full text of which may
contain qualifications of and exceptions to statements made herein. Where full texts have not
been included as appendices to the Official Statement or the Final Official Statement, they will
be furnished on request.
TABLE OF CONTENTS
Page(s)
$3,180,000 General Obligation Improvement Bonds, Series 1995A
Terms of Proposal i-iv
Schedule of Bond Years v
$1,150,000 General Obligation Storm Water Revenue Bonds, Series 1995B
Terms of Proposal vi-ix
Schedule of Bond Years x
Introductory Statement 1
Continuing Disclosure 1
Global Book Entry Form of Ownership 1-3
The Series 1995A Bonds 3-4
The Series 1995B Bonds 4-5
Future Financing 5
Litigation 5
Legality 5
Tax Exemption 5-6
Bank-Qualified Tax-Exempt Obligations 6
Ratings 6
Financial Advisor 7
Certification 7
City Property Values 7-8
City Indebtedness 8-12
City Tax Rates, Levies and Collections 13
Funds on Hand 13
City Investments 14
General Information Concerning the City 14-16
Governmental Organization and Services 16-17
Proposed Form of Legal Opinions Appendix I
Continuing Disclosure Undertaking Appendix II
Summary of Tax Levies, Payment Provisions, and
Minnesota Real Property Valuation Appendix III
Selected Annual Financial Statements Appendix IV
Proposal Forms Inserted
(This page was left blank intentionally.)
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$3,180,000
CITY OF SHAKOPEE, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Tuesday, October 3, 1995, 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 7:00 P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted.
Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal
price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the
submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach
Springsted prior to the time of sale specified above. Proposals may also be filed electronically
via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal,
within a one-hour period prior to the time of sale established above, but no Proposals will be
received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules
of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be
obtained from PARITY and such fee shall be the responsibility of the bidder. For further
information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE,
Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor
Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders
are advised that each Proposal shall be deemed to constitute a contract between the bidder
and the City to purchase the Bonds regardless of the manner of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated November 1, 1995, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing August 1, 1996. Interest will
be computed on the basis of a 360-day year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows:
1997 $ 95,000 2001 $395,000 2005 $210,000
1998 $480,000 2002 $390,000 2006 $210,000
1999 $400,000 2003 $210,000 2007 $185,000
2000 $395,000 2004 $210,000
•
- i -
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of
Bonds made to the public. The Bonds will be issued in fully registered form and one Bond,
representing the aggregate principal amount of the Bonds maturing in each year, will be
registered in the name of Kray & Co. as nominee of Midwest Securities Trust Company
("MSTC"), Chicago, Illinois, which will act as securities depository of the Bonds. Individual
purchases of the Bonds may be made in the principal amount of$5,000 or any multiple thereof
of a single maturity through book entries made on the books and records of MSTC and its
participants. Principal and interest are payable by the registrar to MSTC or its nominee as
registered owner of the Bonds. Transfer of principal and interest payments to participants of
MSTC will be the responsibility of MSTC; transfer of principal and interest payments to
beneficial owners by participants will be the responsibility of such participants and other
nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be
required to deposit the Bonds with MSTC.
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.
OPTIONAL REDEMPTION
The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or
after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the
City and in such manner as the City shall determine. If less than all Bonds of a maturity are
called for redemption, the City will notify MSTC of the particular amount of such maturity to be
prepaid. MSTC will determine by lot the amount of each participant's interest in such maturity
to be redeemed and each participant will then select by lot the beneficial ownership interests in
such maturity to be redeemed. 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 construction
of various improvements within the City.
TYPE OF PROPOSALS
Proposals shall be for not less than $3,148,200 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 $31,800,
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
- ii -
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.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of
matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals
without cause, and, (iii) reject any proposal which the City determines to have failed to comply
with the terms herein.
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.
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 P.L.L.P.
of Minneapolis, Minnesota, 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.
- iii -
•
CONTINUING DISCLOSURE
In order to permit the underwriters purchasing the bonds to comply with paragraph (b)(5) of
Rule 15c2-12, in the Resolution authorizing and ordering the issuance of the bonds the Council
will covenant and agree for the benefit of the holders from time to time of the bonds, to comply
with Rule 15c2-12, paragraph (b)(5). A description of the Council's undertaking is set forth in
the Preliminary Official Statement.
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 125 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 September 5, 1995 BY ORDER OF THE CITY COUNCIL
/s/Judith Cox
Clerk
- iv-
SCHEDULE OF BOND YEARS
$3,180,000
CITY OF SHAKOPEE, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A
Cumulative
Year Principal Bond Years Bond Years
1997 $95,000 118.7500 118.7500
1998 $480,000 1 ,080.0000 1 ,198.7500
1999 $400,000 1 ,300.0000 2,498.7500
2000 $395,000 1 ,678.7500 4,177.5000
2001 $395,000 2,073.7500 6,251 .2500
2002 $390,000 2,437.5000 8,688.7500
2003 $210,000 1 ,522.5000 10,211 .2500
2004 $210,000 1 ,732.5000 11 ,943.7500
2005 $210,000 1 ,942.5000 13,886.2500
2006 $210,000 c 2,152.5000 16,038.7500
2007 $185,000 c 2,081 .2500 18,120.0000
Average Maturity: 5.70 Years
Bonds Dated: November 1 , 1995
Interest Due: August 1 , 1996 and each February 1 and August 1 to maturity.
Principal Due: February 1 , 1997-2007 inclusive.
Optional Call: Bonds maturing on or after February 1 , 2006 are callable
commencing February 1 , 2005 and any date thereafter at par.
(See Terms of Proposal. )
c: subject to optional call
-v-
Y
(This page was left blank intentionally.)
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$1,150,000
CITY OF SHAKOPEE, MINNESOTA
GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1995B
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Tuesday, October 3, 1995, 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 7:00 P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted.
Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal
price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the
submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach
Springsted prior to the time of sale specified above. Proposals may also be filed electronically
via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal,
within a one-hour period prior to the time of sale established above, but no Proposals will be
received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules
of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be
obtained from PARITY and such fee shall be the responsibility of the bidder. For further
information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE,
Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor
Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders
are advised that each Proposal shall be deemed to constitute a contract between the bidder
and the City to purchase the Bonds regardless of the manner of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated November 1, 1995 as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing August 1, 1996. Interest will
be computed on the basis of a 360-day year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows:
1997 $ 80,000 2001 $110,000 2004 $130,000
1998 $100,000 2002 $115,000 2005 $135,000
1999 $105,000 2003 $125,000 2006 $145,000
2000 $105,000
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of
Bonds made to the public. The Bonds will be issued in fully registered form and one Bond,
-vi -
representing the aggregate principal amount of the Bonds maturing in each year, will be
registered in the name of Kray & Co. as nominee of Midwest Securities Trust Company
("MSTC"), Chicago, Illinois, which will act as securities depository of the Bonds. Individual
purchases of the Bonds may be made in the principal amount of$5,000 or any multiple thereof
of a single maturity through book entries made on the books and records of MSTC and its
participants. Principal and interest are payable by the registrar to MSTC or its nominee as
registered owner of the Bonds. Transfer of principal and interest payments to participants of
MSTC will be the responsibility of MSTC; transfer of principal and interest payments to
beneficial owners by participants will be the responsibility of such participants and other
nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be
required to deposit the Bonds with MSTC.
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.
OPTIONAL REDEMPTION
The Bonds 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 net
revenues of its storm drainage system. The proceeds will be used to finance the construction
of improvements to the City's storm drainage system. •
TYPE OF PROPOSALS
Proposals shall be for not less than $1,138,500 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$11,500,
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.
-vii -
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.
The City will reserve the right to: (i)waive non-substantive informalities of any proposal or of
matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals
without cause, and, (iii) reject any proposal which the City determines to have failed to comply
with the terms herein.
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.
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 P.L.L.P.
of Minneapolis, Minnesota, 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.
CONTINUING DISCLOSURE
In order to permit the underwriters purchasing the bonds to comply with paragraph (b)(5) of
Rule 15c2-12, in the Resolution authorizing and ordering the issuance of the bonds the Council
will covenant and agree for the benefit of the holders from time to time of the bonds, to comply
with Rule 15c2-12, paragraph (b)(5). A description of the Council's undertaking is set forth in
the Preliminary Official Statement.
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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 50 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 September 5, 1995 BY ORDER OF THE CITY COUNCIL
/s/Judith Cox
Clerk
-ix -
SCHEDULE OF BOND YEARS
$1,150,000
CITY OF SHAKOPEE, MINNESOTA
GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1995B
Cumulative
Year Principal Bond Years Bond Years
1997 $80,000 100.0000 100.0000
1998 $100,000 225.0000 325.0000
1999 $105,000 341 .2500 666.2500
2000 $105,000 446.2500 1 ,112.5000
2001 $110,000 577.5000 1 ,690.0000
2002 $115,000 718.7500 2,408.7500
2003 $125,000 906.2500 3,315.0000
2004 $130,000 1 ,072.5000 4,387.5000
2005 $135,000 1 ,248.7500 5,636.2500
2006 $145,000 1 ,486.2500 7,122.5000
Average Maturity: 6.19 Years
Bonds Dated: November 1 , 1995
Interest Due: August 1 , 1996 and each February 1 and August 1 to maturity.
Principal Due: February 1 , 1997-2006 inclusive.
Optional Call: None.
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(This page was left blank intentionally.)
OFFICIAL STATEMENT
CITY OF SHAKOPEE, MINNESOTA
$3,180,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A
$1,150,000
GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1995B
(BOOK ENTRY ONLY)
Introductory Statement
This Official Statement contains certain information relating to the City of Shakopee, Minnesota
(the "City") and its issuance of $3,180,000 General Obligation Improvement Bonds,
Series 1995A (the "Series 1995A Bonds") and $1,150,000 General Obligation Storm Water
Revenue Bonds, Series 1995B (the "Series 1995B Bonds"), collectively referred to as the
"Bonds" or the "Issues." These Issues are general obligations of the City for which the City
pledges its full faith and credit and power to levy general ad valorem taxes without limit as to
rate or amount. Additional sources of pledged security for each Issue are described in the
following sections.
Inquiries may be made to Mr. Gregg Voxland, Finance Director, City of Shakopee, 129 South
Holmes Street, Shakopee, Minnesota 55379, or by telephoning (612) 445-3650. Inquiries may
also be made to Springsted Incorporated, 85 East Seventh Place, Suite 100, St. Paul,
Minnesota 55102-2143, or by telephoning (612) 223-3000. If information of a specific legal
matter is desired, requests may be directed to Mr. Thomas S. Hay, Dorsey &Whitney, P.L.L.P.,
Bond Counsel, 2200 First Bank Place East, Minneapolis, MN 55402, or by telephoning
(612) 340-2600.
Continuing Disclosure
In order to permit bidders for the Bonds to comply with paragraph (b)(5) of Rule 15c2-12
promulgated by the Securities and Exchange Commission under the Securities Exchange Act
of 1934 (the "Rule"), the City will covenant and agree, for the benefit of the holders from time to
time of the outstanding Bonds, in the resolution awarding the sale and prescribing the terms of
the Bonds to provide annual reports of specified information and notice of the occurrence of
certain material events. The City is the only "obligated person" in respect of the Bonds within
the meaning of the Rule. A description of the undertaking is set forth in Appendix II of this
Official Statement. Failure of the City to enter into an undertaking substantially similar to that
described in Appendix II of this Official Statement would relieve the successful bidder of its
obligation to purchase the Bonds. The City has complied in all material respects with any
undertaking previously entered into by it under the Rule.
Global Book Entry Form of Ownership
General Description
The Bonds are dated as of November 1, 1995 and will mature annually on February 1, as set
forth on the cover of this Official Statement. The Bonds are issued in global book entry form.
Interest on said Bonds is payable August 1, 1996, and semiannually thereafter on August 1 and
February 1. Interest will be payable to the holder registered on the books of the City (initially
Kray & Co.) as of the fifteenth day of the calendar month next preceding each interest payment
- 1 -
date. Principal of and interest on the Bonds will be paid as described in the section herein
entitled "Payments to Owners." The City will name a bank or trust company to act as registrar
for the Bonds (the "Registrar").
The Bonds will be fully registered as to principal and interest in the name of Kray & Co. as
nominee of the Midwest Securities Trust Company (the "Depository"), an Illinois trust company,
a member of the Federal Reserve System and a "clearing corporation" within the meaning of
the Illinois Uniform Commercial Code, as registered owner of the Bonds, and immobilized in the
custody of the Depository or its agent. Accordingly, as used in this Official Statement,
"Owners" means the beneficial owners of the Bonds, who, subject to certain exceptions
described in the following sections, will not receive physical delivery of certificates.
Purchases of Bonds may be made through banks, brokers and dealers who are, or who act
through, participants of the Depository (the "Participants"). The beneficial ownership of Bonds
will be shown on, and transfer of beneficial ownership will be effected through, records
maintained by the Depository, the Participants and others, who collectively comprise the
National Clearance and Settlement System (the "National System"). The National System
enables banks, brokers and dealers to immobilize securities certificates in registered
depositories and to process and settle securities transactions by computerized book entry.
Responsibility for maintaining, reviewing and supervising records of transactions rests with the
specific bank, broker or dealer nominee from whom an Owner receives payment of interest,
principal and any premium. The Depository, its Participants and other banks, brokers and
dealers participating in the National System, act pursuant to laws and regulations governing the
National System. The Purchaser of the Bonds, as a Participant in the National System, will
deposit the Bonds with the Depository.
Subject to certain exceptions described in the following sections, all purchases, sales or other
transfers of beneficial ownership in the Bonds are to be made by book entry only, and no
Owner will receive, hold or deliver any certificates as long as the Depository or any successor
securities depository is the registered owner of the Bonds. For every transfer or exchange by
the Owners, the Depository may charge a sum sufficient to cover any tax, fee or other
governmental charge that may be imposed in relation thereto.
Owners who desire to purchase, sell or otherwise transfer ownership of the Bonds may do so
only through banks, brokers, and dealers who are, or who act through, Participants. The
Depository has no lines of communication or other arrangements relating to the Bonds between
itself and Owners and others who are not Participants. The City assumes no responsibility or
liability concerning the relationships between the Depository and the Participants and between
the Participants and the Owners.
Payments to Owners
Payment of principal of and interest on the Bonds will be made by the City to the Depository
through its nominee Kray & Co., the registered owner of the Global Certificates. The
Depository will credit payments on the Bonds to the Participants, as listed on the records of the
Depository on the fifteenth day of the calendar month next preceding each interest payment
date. Transfer of such payments to the Participants is the responsibility of the Depository.
Transfer of such payments by the Participants is the responsibility of the Participants. Owners
will receive interest and principal payments through their bank, broker or dealer nominees. The
bank, broker or dealer nominees, if not Participants, will receive payments from Participants or
others who received payments directly or indirectly from Participants.
Replacement Bonds
In the event that (1)the Depository discontinues servicing the Bonds or the City determines that
the Depository is incapable of discharging its duties, and if the City fails to identify a qualified
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replacement depository, or (2)the City, in its sole discretion, determines that the interest of the
Owners might be adversely affected if the Global Book Entry System is continued or that it is in
the best interest of the beneficial owners of the Bonds that they be able to obtain certificated
Bonds, the City may authenticate and deliver Replacement Bonds in the form of fully registered
certificated Bonds, which would be available for distribution to Owners or their nominees. In
such event, the Replacement Bonds will be issued in denominations of $5,000 or integral
multiples thereof, interest on the Replacement Bonds will be payable by check or draft mailed to
the registered holder by the Registrar, and the payment of principal of the Replacement Bonds
will be made upon presentment of the Bonds to the Registrar.
Global Certificates
The Depository will designate the Bonds as eligible securities under its by-laws and rules. As
part of the Global Book Entry System, the Bonds are authorized only in the denomination of the
entire outstanding principal amount of a given maturity and are not exchangeable for Bonds of
smaller denominations, unless Replacement Bonds are authorized as stated above. The
Registrar will register on the registration books maintained for the Global Certificates any
transfer requested by the registered owner. Initially, the owner registered on the registration
books will be Kray & Co. Despite the larger authorized denomination of the Global Certificates,
the Depository will recognize and enter on its books in the National System interests in each
Global Certificate in $5,000 increments.
Optional Redemption
The City may elect on February 1, 2005, and on any day thereafter, to prepay the Series 1995A
Bonds due on or after February 1, 2006. Redemption may be in whole or in part and if in part,
at the option of the City and in such manner as the City shall determine. If a maturity is prepaid
only in part, prepayments will be in increments of $5,000 of principal. All such prepayments
shall be at a price of par plus accrued interest.
The Series 1995B Bonds will not be subject to payment in advance of their respective stated
maturity dates.
Notice of Redemption
The Registrar, so long as the Global Book Entry System is used for recording ownership of the
Bonds, shall send any notice of redemption to the Depository. Any such notice of redemption
shall be in the possession of the Depository no less than thirty days before the redemption date.
Any failure of the Depository to mail such notice to any Participant shall not affect the validity of
the redemption of Bonds. In the case of certificated Bonds, the Bond Registrar shall give notice
of redemption of any Bonds by registered or certified mail to the holders thereof registered on
its books not less than 30 days prior to the date fixed for redemption.
The City can make no assurances that the Depository, Participants or other nominees of the
Owners will distribute such redemption notices to the Owners, or that they will do so on a timely
basis, nor that the Depository will act in the manner described in this Official Statement. The
rules and procedures of the Depository do, however, require the Depository to act in the
foregoing manner.
The Series 1995A Bonds
Authority and Purpose
The Series 1995A Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and
475. Proceeds of this Issue will be used to finance the costs of various improvement projects
within the City. The composition of the Series 1995A Bonds is as follows:
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Total Project Costs* $4,278,350
Less: Utility Funds (778,700)
State Aid Funds (319.000)
Net Costs to be Financed $3,180,650
Less: Investment Earnings (650)
Total Series 1995A Bonds $3.180.000
* Includes contingency, engineering and administrative costs, bond issuance costs and an allowance
for discount bidding.
Security and Financing
In addition to its general obligation pledge, the City also pledges special assessments against
benefited property for the Series 1995A Bonds. Special assessments totaling $272,000 are
expected to be filed on or before November 1, 1995 for first collection in 1996, and $2,467,000
of assessments are expected to be filed in 1996 for first collection in 1997. All assessments will
be spread over 10 years in even annual installments of principal with interest charged on the
unpaid balance at a rate approximately 1.5% over the net interest rate received on the
Series 1995A Bonds. The City expects that an annual levy of approximately $59,800 will be
required for the City's share of the improvements over the life of the Series 1995A Bonds.
The collection of special assessments and taxes each year, if collected in full, will equal 105%
of the interest coming due August 1 in the year of collection and the principal and interest
coming due February 1 in the following year.
The Series 1995B Bonds
Authority and Purpose
The Series 1995B Bonds are being issued pursuant to Minnesota Statutes, Chapters 444 and
475. Proceeds of the Series 1995B Bonds will be used to finance the construction of
improvements to the City's storm drainage system. The composition of the Series 19958
Bonds is as follows:
Net Project Costs $1,122,500
Issuance Costs 16,000
Allowance for Discount Bidding 11,500
Total Series 1995B Bonds $1.150.000
Security and Financing
The Series 1995B Bonds are general obligations of the City for which the City pledges its full
faith and credit without limit as to rate or amount. In addition to its general obligation pledge,
the City pledges net revenues of its Storm Drainage Utility (the "Utility").
In accordance with Section 444.075 of Minnesota Statutes, the City covenants to charge rates
sufficient to generate net operating revenues of the Utility that will be adequate to meet debt
service requirements on the Series 1995B Bonds. The City is required to annually review the
budget of the Utility to determine if rates and charges are sufficient to provide the required debt
service and adjust them accordingly. The most recent rate increase was effective as of
January 1, 1995.
-4 -
Each August 1 interest payment will be paid from storm drainage revenues received during the
year of payment and the February 1 principal and interest payment will be paid from storm
drainage revenues received in the prior year. A four-year history of net revenues of the Utility
available for payment of debt service is shown below.
1991 1992 1993 1994
Operating Revenue $ 299,012 $ 304,850 $ 301,466 $ 301,200
Operating Expenses (164,858) (212,517) (301,725) (296,691)
Plus: Depreciation 120,408 126,832 134,751 158,685
Non Operating Revenue 110.620 140.333 134.337 75.193
Net Revenues Available
For Debt Service $ 365,182 $359,498 $ 268,829 $238,387
The average annual debt service payment on the Series 1995B Bonds is expected to be
approximately $150,325.
Future Financing
The City does not anticipate any additional general obligation borrowing for at least the next 90
days.
Litigation
The City is not aware of any threatened or pending litigation affecting the validity of the Bonds
or the City's ability to meet its financial obligations.
Legality
The Bonds are subject to approval as to certain matters by Dorsey & Whitney, P.L.L.P., of
Minneapolis, Minnesota, as Bond Counsel. Bond Counsel has not participated in the
preparation of this Official Statement, except for guidance concerning the following section,
"Tax Exemption,"
and will not pass upon its accuracy, completeness, or sufficiency. Bond
Counsel has not examined nor attempted to examine or verify, any of the financial or statistical
statements, or data contained in this Official Statement, and will express no opinion with
respect thereto. Legal opinions in substantially the form set out as Appendix I herein will be
delivered at closing.
Tax Exemption
In the opinion of Dorsey & Whitney, P.L.L.P., as Bond Counsel, under federal and Minnesota
laws, regulations, rulings and decisions in effect on the date of issuance of the Bonds, interest
on the Bonds is not includable in gross income for federal income tax purposes or in taxable net
6 income of individuals, estates and trusts for Minnesota income tax purposes. Interest on the
Bonds is includable in taxable income of corporations and financial institutions for purposes of
the Minnesota franchise tax. Certain provisions of the Internal Revenue Code of 1986, as
amended (the "Code"), however, impose continuing requirements that must be met after the
issuance of the Bonds in order for interest thereon to be and remain not includable in federal
gross income and in Minnesota taxable net income. Noncompliance with such requirements by
the City may cause the interest on the Bonds to be includable in gross income for purposes of
federal income taxation and in taxable net income for purposes of Minnesota income taxation,
retroactive to the date of issuance of the Bonds, irrespective in some cases of the date on
•
which such noncompliance is ascertained. No provision has been made for redemption of or
- 5 -
for an increase in the interest rate on the Bonds in the event that interest on the Bonds
becomes includable in federal gross income or Minnesota taxable income.
Interest on the Bonds is not an item of tax preference includable in alternative minimum taxable
income for purposes of the federal alternative minimum tax applicable to all taxpayers or the
Minnesota alternative minimum tax applicable to individuals, estates and trusts, but is
includable in book income or in earnings and profits in determining the alternative minimum
taxable income of corporations for purposes of the alternative minimum tax and the
environmental tax imposed by Section 59A of the Code. Interest on the Bonds may be
includable in the income of a foreign corporation for purposes of the branch profits tax imposed
by Section 884 of the Code and is includable in the net investment income of foreign insurance
companies for purposes of Section 842(b) of the Code. In the case of an insurance company
subject to the tax imposed by Section 831 of the Code, the amount which otherwise would be
taken into account as losses incurred under Section 832(b)(5) of the Code must be reduced by
an amount equal to fifteen percent of the interest on the Bonds that is received or accrued
during the taxable year. Section 86 of the Code requires recipients of certain Social Security
and railroad retirement benefits to take into account, in determining the taxability of such
benefits, receipts or accruals of interest on the Bonds. Passive investment income, including
interest on the Bonds, may be subject to federal income taxation under Section 1375 of the
Code for a Subchapter S corporation that has Subchapter C earnings and profits at the close of
the taxable year if greater than twenty-five percent of the gross receipts of such Subchapter S
corporation is passive investment income. Section 265 of the Code denies a deduction for
interest on indebtedness incurred or continued to purchase or carry the Bonds or, in the case of
a financial institution, that portion of the holder's interest expense allocated to interest on the
Bonds, except with respect to certain financial institutions (within the meaning of
Section 265(b)(3) of the Code).
The foregoing is not intended to be an exhaustive discussion of collateral tax consequences
arising from receipt of interest on the Bonds. Prospective purchasers or bondholders should
consult their tax advisors with respect to collateral tax consequences, including without
limitation the calculations of alternative minimum tax, environmental tax or foreign branch profits
tax liability or the inclusion of Social Security or other retirement payments in taxable income.
Bank-Qualified Tax-Exempt Obligations
Prior to the adoption of the Tax Reform Act of 1986 (the "Act"), financial institutions were
generally permitted to deduct 80% of their interest expense allocable to tax-exempt bonds.
Under the Act, however, financial institutions are generally not entitled to such a deduction for
tax-exempt bonds purchased after August 7, 1986. However, the City has designated the
Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Code which
would permit financial institutions to deduct interest expenses allocable to the Bonds to the
extent permitted under prior law.
Ratings
An application for ratings of the Bonds has been made to Moody's Investors Service
("Moody's"), 99 Church Street, New York, New York. If ratings are assigned, they will reflect
only the opinion of Moody's. Any explanation of the significance of the ratings may be obtained
only from Moody's.
There is no assurance that ratings, if assigned, will continue for any given period of time, or that
such ratings will not be revised or withdrawn, if in the judgment of Moody's, circumstances so
warrant. A revision or withdrawal of the ratings may have an adverse effect on the market price
of the Bonds.
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Financial Advisor
The City has retained Springsted Incorporated, Public Finance Advisors, of St. Paul, Minnesota,
as financial advisor (the "Financial Advisor") in connection with the issuance of the Bonds. In
preparing the Official Statement, the Financial Advisor has relied upon governmental officials,
and other sources, who have access to relevant data to provide accurate information for the
Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to
independently verify the aicuracy of such information. The Financial Advisor is not a public
accounting firm and has not been engaged by the City to compile, review, examine or audit any
information in the Official Statement in accordance with accounting standards. The Financial
Advisor is an independent advisory firm and is not engaged in the business of underwriting,
trading or distributing municipal securities or other public securities and therefore will not
participate in the underwriting of the Bonds.
Certification
The City has authorized the distribution of this Official Statement for use in connection with the
initial sale of the Bonds.
As of the date of the settlement of these Bonds, the Purchaser(s) will be furnished with a
certificate signed by the appropriate officers of the City. The certificate will state that as of the
date of the Official Statement, it did not and does not as of the date of the certificate contain
any untrue statement of material fact or omit to state a material fact necessary in order to make
the statements made therein, in light of the circumstances under which they were made, not
misleading.
CITY PROPERTY VALUES
1994 Indicated Market Value of Taxable Property: $668,384,780*
* Calculated by dividing the county assessor's estimated market value of$592,857,300 by the 1994
sales ratio of 88.7% for the City as determined by the State Department of Revenue.
1994 Taxable Net Tax Capacity: $11,357,936
1994 Net Tax Capacity $14,785,689
Less: Contribution to Fiscal Disparities (2,747,941)
Captured Tax Increment Tax Capacity (1,730,527)
Plus: Distribution from Fiscal Disparities 1.050.715
1994 Taxable Net Tax Capacity $11,357,936
1994 Taxable Net Tax Capacity by Class of Property
Residential Homestead $ 3,885,415 34.2%
Commercial/Industrial, Public Utility
and Personal Property 6,207,438* 54.6
Residential Non-Homestead 984,956 8.7
Agricultural 274,351 2.4
Other 5.776 0.1
Total $11,357,936 100.0%
* Reflects adjustments for fiscal disparities and captured tax increment tax capacity.
- 7 -
Trend of Values
Assessor's
Indicated Estimated Taxable Tax
Market Value(a) Market Value Capacity(b)
1994 $668,384,780 $592,857,300 $11,357,936
1993 649,219,249 536,255,100 10,447,562
1992 616,975,764 544,857,300 9,942,149
1991 529,555,364 523,200,700 9,672,496
1990 588,885,409 496,430,400 9,662,278
(a) Calculated by dividing the county assessor's estimated market value by the sales ratio for each year.
The decline in value from 1990 to 1991 is the result of an increase in the sales ratio from 84.3% to
98.8%.
(b) After adjustments for fiscal disparities and captured tax increment value. See Appendix Ill for an
explanation of tax capacity and Minnesota property tax law.
Ten of the Largest Taxpayers in the City
1994 Net
Taxpayer Type of Property Tax Capacity
Northern States Power Company Utility $ 936,947(a)
Rahr Properties Inc. Malting Company 906,050
K-Mart Corporation Warehouse and Retail Store 859,093
Canterbury Park Holding Corp. Racetrack 645,851
Tsumura International Manufacturing 537,055
Cedar Fair Limited Partnership Valleyfair Amusement Park 530,822
Opus North Corp. Industrial 319,977
Certain-Teed Products Corp. Asphalt Shingles 268,884
Minneapolis Northstar
Auto Auction Auto Auction Facility 239,789
Wesray Container Associates
(formerly Anchor Glass) Glass Manufacturing 208.859
Total $5,453,327(b)
(a) Northern States Power Company's Blue Lake Substation is located on an 80-acre site in the northeast
section of the City and houses oil-fueled gas turbine generators, an electrical substation, and fuel
storage and maintenance facilities.
(b) Represents 48.0% of the City's 1994 taxable net tax capacity.
CITY INDEBTEDNESS
Legal Debt Limit
Legal Debt Limit (2% of Estimated Market Value) $11,857,146
Less: Outstanding Debt Subject to Limit -0-
Legal Debt Margin at August 2, 1995 $11,857,146
-8-
General Obligation Debt Supported by Taxes and/or Special Assessments
Principal
Date Original Final Outstanding
of Issue Amount Purpose Maturity As of 8-2-95
7-1-86 $ 355,000 Local Improvements 2-1-1997 $ 85,000
12-1-90 1,930,000 Local Improvements 2-1-2002 1,355,000
10-1-91 1,725,000 Local Improvements 2-1-2003 1,375,000
12-1-92 1,665,000 Local Improvements 2-1-2004 1,430,000
12-1-93 1,400,000 Local Improvements 2-1-2005 1,400,000
11-1-95 3,180,000 Local Improvements
(Series 1995A Bonds) 2-1-2007 3.180.000
Total $8,825,000
General Obligation Debt Supported by Tax Increments
Principal
Date Original Final Outstanding
of Issue Amount Purpose Maturity As of 8-2-95
12-1-88 $1,015,000 Tax Increment 2-1-2001 $ 610,000
12-1-92 1,885,000 Tax Increment Refunding 2-1-2001 1,665,000
7-1-93 2,675,000 Tax Increment Refunding 2-1-2003 2,675,000
12-1-93 1,000,000 Tax Increment Refunding 2-1-1998 765.000
Total $5,715,000
General Obligation Debt Supported by Revenues
Principal
Date Original Final Outstanding
of Issue Amount Purpose Maturity As of 8-2-95
11-1-95 $1,150,000 Storm Water Revenue
(Series 1995B Bonds) 2-1-2006 $1,150,000
Revenue Debt
Principal
Date Original Final Outstanding
of Issue AmountPurpose Maturity As of 8-2-95
8-24-93 $4,250,000 Utility Improvements 8-1-2005 $4,150,000*
This issue was sold by the Shakopee Public Utilities Commission to finance capital improvements,
replacements and additions to the electric and water utilities comprising the Shakopee Public Utilities.
- 9 -
Annual Calendar Year Debt Service Payments Including These Issues
G.O. Debt Supported G.O. Debt Supported
by Taxes and/or Primarily by
Special Assessments Tax Increments
Principal Principal
Year Principal & Interest(b) Principal & Interest
1995 (at 8-2) (Paid) (Paid) (Paid) (Paid)
1996 $ 725,000 $ 1,118,116.88 $ 990,000 1,229,078.75
1997 805,000 1,197,652.50 1,030,000 1,228,801.25
1998 1,150,000 1,494,677.50 1,080,000 1,233,687.50
1999 1,070,000 1,360,376.25 595,000 710,512.50
2000 1,070,000 1,306,370.00 620,000 705,617.50
2001 1,080,000 1,260,825.00 645,000 698,262.50
2002 1,055,000 1,179,597.50 365,000 392,778.75
2003 655,000 734,382.50 390,000 399,555.00
2004 475,000 525,077.50
2005 345,000 374,351.25
2006 210,000 225,225.00
2007 185.000 189.856.25
Total $8,825,000(a) $10,966,508.13 $5,715,000 $6,598,293.75
(a) 95.5% of this debt will be retired within ten years.
(b) Includes the Series 1995A Bonds at an assumed average annual rate of 4.90%.
1
1
- 10-
Annual Calendar Year Debt Service Payments Including These Issues (continued)
G.O. Debt Supported
by Revenues Revenue Debt
Principal Principal
Year Principal & Interest(a) Principal & Interest
1995 (at 8-2) --- --- (Paid) (Paid)
1996 --- $ 41,497.52 $ 100,000 $ 322,462.50
1997 $ 80,000 133,650.00 100,000 318,562.50
1998 100,000 149,795.00 100,000 314,462.50
1999 105,000 150,257.50 100,000 310,162.50
2000 105,000 145,480.00 125,000 330,662.50
2001 110,000 145,480.00 125,000 324,787.50
2002 115,000 145,106.25 125,000 318,725.00
2003 125,000 149,223.75 125,000 312,475.00
2004 130,000 147,847.50 150,000 331,100.00
2005 135,000 146,088.75 150,000 323,225.00
2006 145,000 148,806.25 175,000 340,200.00
2007 175,000 330,400.00
2008 175,000 320,600.00
2009 200,000 335,800.00
2010 200,000 324,600.00
2011 200,000 313,400.00
2012 225,000 327,200.00
2013 225,000 314,600.00
2014 250,000 327,000.00
2015 250,000 313,000.00
2016 275,000 324,000.00
2017 300,000 333,600.00
2018 300.000 316.800.00
Total $1,150,00004 $1,503,232.52 $4,150,000(c) $7,427,825.00
(a) Includes the Series 1995B Bonds at an assumed average annual rate of 5.00%.
(b) 87.4% of this debt will be retired within 10 years.
(c) 28.9% of this debt will be retired within 10 years.
- 11 -
Summary of Direct Debt Including These Issues
Gross Less: Debt Net
Debt Service Funds(a) Direct Debt
G.O. Debt Supported by Taxes
and/or Special Assessments $8,825,000 $(2,674,125) $6,150,875
G.O. Debt Supported by
Tax Increments 5,715,000 (158,022)(b) 5,556,978
G.O. Debt Supported by Revenues 1,150,000 (c) 1,150,000
Revenue Debt 4,150,000 (c) 4,150,000
(a) Debt service funds are as of July 31, 1995 and include money to pay both principal and interest.
(b) In addition, $3,309,289 of tax increment funds are in the City's Trust and Agency Fund, which funds
are available, but not dedicated, for debt service.
(c) Monies from the City's various utility enterprises are transferred to the debt service fund only as
required. A Reserve Fund of $340,200 has been established for the Shakopee Public Utilities
Commission's$4,250,000 Public Utilities Revenue Bonds, Series 1993.
Indirect General Obligation Debt
Debt Applicable to
1994 Taxable G.O. Debt Tax Capacity in City
Taxing Unit Net Tax Capacity As of 8-2-950a) Percent Amount
Scott County $ 43,698,037 $10,585,000 26.0% $ 2,752,100
ISD 720 (Shakopee) 12,447,878 11,741,910 86.6 10,168,494
ISD 191 (Burnsville) 45,938,272 34,365,000 1.3 446,745
Dakota County
Technical College 247,920,039 1,440,000 0.2 2,880
Metropolitan Council 1,839,547,184(b) 22,470,000(C) 0.6 134,820
Metropolitan Transit District 1,674,881,722(b) 58,070,000 0.7 406.490
Total $13,911,529
(a) Excludes general obligation tax and aid certificates, general obligation debt supported by revenues
and revenue debt.
(b) Represents 1993 taxable net tax capacity. The 1994 taxable net tax capacity is not yet available.
(c) The Metropolitan Council also has outstanding$490,210,000 general obligation sanitary sewer bonds
and loans which are paid from system revenues.
Debt Ratios*
G.O. Net G.O. Indirect&
Direct Debt Net Direct Debt
To 1994 Indicated Market Value 1.75% 3.83%
Per Capita (13,041 - 1994 Metropolitan
Council Estimate) $898 $1,965
Excludes revenue supported debt. ‘
- 12-
CITY TAX RATES, LEVIES AND COLLECTIONS
Tax Capacity Rates for a City Resident in ISD 720
1994/95
For
1990/91 1991/92 1992/93 1993/94 Total Debt Only
Scott County 39.043% 41.839% 45.564% 48.475% 50.217% 2.014%
City of Shakopee 23.426 23.979 28.162 27.104 25.245 2.183
ISD 720 (Shakopee) 52.668 66.508 61.499 65.540 62.179 4.367
Special Districts* 5.021 3.044 4.782 5.327 6.101 0.802
Total 120.158% 135.370% 140.007% 146.446% 143.742% 9.366%
Special districts include the Shakopee HRA, Metropolitan Council, Regional Transit District, Mosquito
Control, Regional Railroad Authority and the Lower Minnesota Watershed District.
NOTE: Taxes are determined by multiplying the net tax capacity by the tax capacity rate, expressed as
a percentage. This replaced the use of assessed value multiplied by mill rates. (See
Appendix Ill.)
Tax Levies and Collections
Collected During Collected
Gross Net Collection Year As of 6-30-95
Levy/Collect LevyLevy* Amount Percent Amount Percent
1994/95 $3,262,510 $2,805,925 (In Process of Collection)
1993/94 3,255,765 2,805,925 $2,767,690 98.6% $2,783,317 99.2%
1992/93 3,114,951 2,697,936 2,556,805 94.8 2,656,470 98.5
1991/92 2,615,013 2,277,987 2,217,750 97.4 2,248,412 98.7
1990/91 2,450,728 2,129,237 2,055,817 96.6 2,101,409 98.7
* The net levy excludes Homestead and Agricultural Credit Aid("HACA"). The net levy is the basis for
computing the 1994/95 and 1993/94 tax capacity rates. The gross levy is the basis for computing tax
capacity rates in prior years.
FUNDS ON HAND
As of July 31, 1995
Fund Cash and Investments
I
General $ 3,027,583.58
Special Revenue 269,928.20
Debt Service:
G.O. Special Assessment 2,674,124.96
G.O. TIF 158,022.21
Utility Revenue 198,055.31
Capital Projects 7,890,044.76
Enterprise 9,586,691.99
Trust and Agency 3.937.286.72*
Total $27,741,737.73
* Includes$3,309,288.93 of tax increment funds which are available, but not dedicated, for debt service.
- 13 -
CITY INVESTMENTS
The City's investment policy states that investments shall mature and shall earn interest
payable at times and in amounts which provide the City adequate cash for operating purposes.
The City Treasurer, or other officer to which investment decisions have been delegated, shall
be prudent and at all times follow the guidelines of safety, liquidity and yield.
Maturities of the investments shall not exceed five years for 75% of the investment portfolio and
shall not exceed ten years for the balance of the portfolio. Investments shall be made in
accordance with Minnesota Statutes, Section 475.66. All investments, other than in direct
obligations of the United States, investments secured by collateral, or repurchase agreements,
shall not exceed 50% of the portfolio. Further, the City Treasurer shall not invest in excess of
20% of the portfolio in any one corporation, and the investment in any one corporation shall not
exceed 5% of the corporation's assets. Repurchase agreements shall be used for short-term
investments only and shall not exceed 18 days in length. The City Treasurer shall not invest in
"derivatives."
As of July 31, 1995, the market value of the City's investments totaled $26,479,528, including
treasury securities purchased at a discount and accruing interest. The par value of those
securities at maturity totals $29,130,228, including the discounted treasuries. Of the City's total
investments, approximately 30% of the investments will mature in less than one year (including
government mutual funds and money market funds), 48% will mature in one to five years, and
22%will mature in five to ten years.
GENERAL INFORMATION CONCERNING THE CITY
Shakopee is located in northeastern Scott County, approximately 25 miles southwest of the City
of Minneapolis. Shakopee is the Scott County Seat and is part of the Minneapolis/St. Paul
seven-county metropolitan area. The Minnesota River forms the City's northern boundary. The
1980 census population of 9,941 represented a 44.6% increase over the 1970 census count.
The 1990 U.S. Census population count for the City is 11,739, an 18% increase since 1980.
The City's 1994 population, as estimated by the Metropolitan Council, is 13,041. The City
encompasses an area of 29 square miles (18,560 acres).
Major Employers in the City
Approximate
Number
Employer Product/Service of Employees
Valleyfair Entertainment Center 67-1,200*
K-Mart Corporation Distribution Center 400
Shakopee Valley Printing Newspaper 415
Scott County Government 403
Independent School District 720 Education 390
St. Francis Regional Medical Center Health Care 363
Certain-Teed Corp. Asphalt Shingles Mfg. 300
Wesray Glass Container Glass Container Mfg. 285
Toro Company Turf Care Products 275
Tsumura International Manufacturing 215
Shakopee Friendship Manor Corp. Nursing Home 150
Conklin Company, Inc. Chemicals Mfg. 114
Chemrex Chemical Distribution 110
Higher number indicates seasonal peak.
Source: "Shakopee Community Profile'; Minnesota Department of Trade and Economic Development,
May 1995.
- 14 -
0
Labor Force Data
June 1995 June 1994
Civilian Unemployment Civilian Unemployment
Labor Force Rate Labor Force Rate
Scott County 37,295 3.4% 37,247 3.3%
Minneapolis/St. Paul MSA 1,589,968 3.5 1,593,026 3.7
Minnesota 2,603,260 4.1 2,600,489 4.3
a Source: Minnesota Department of Jobs and Training. 1995 data is preliminary.
City-Issued Building Permits
Total Permits New Single Family Homes
Number Value Number Value
1995 (to 7-31) 380 $32,485,174 85 $ 9,736,611
1994 632 37,717,177 164 17,669,275
1993 575 64,689,664(a) 174 16,668,086
1992 472 29,328,483 151 13,625,485
1991 426 18,513,241 115 9,634,950
1990 381 30,500,706 100 7,488,490
1989 407 61,598,852(b) 94 6,995,265
1988 347 11,769,593 93 7,012,737
1987 345 14,533,490 61 5,749,600
1986 354 31,452,685 64 5,360,124
1985 354 24,445,409 63 5,295,991
(a) Includes American Can at$6,140,000, Rahr Malting Company at$20,000,000, Woman's Correctional
Facility at$8,000,000 and Independent School District 720(Shakopee)at$6,600,000.
(b) Includes an addition to the Blue Lake Treatment Plant valued at$45,000,000.
Recent Development
Economic growth within the City is expected to accelerate within the next few years with the
completion of the Bloomington Ferry Bridge in late 1995. The new bridge will significantly
improve access to and from the north side of the Minnesota River, which is already a high-
growth area. In addition, the completion of the City's south highway bypass, planned for late
1996, is expected to further stimulate development.
The City completed annexation of 210 acres of land from Jackson Township in 1994. Three
residential plats have been filed in the annexed area and construction is currently underway.
The City is building a new civic center which will be financed from approximately $5.5 million of
funds on hand. The project will include an ice sheet, two gymnasiums, and wrestling and
gymnastics areas. The project is expected to be substantially completed by year-end 1995.
St. Francis Regional Medical Center is building a new medical campus on a 60-acre site in the
City. The campus will include a facility for ambulatory and hospital services for St. Francis (to
replace the current 125-bed facility in downtown Shakopee) and a new 22,000 square foot clinic
adjacent to the hospital. The clinic will open in December 1995 and will be owned by Park
Nicollet Medical Center.
- 15 -
Financial Institutions
Full service banks in the City are Citizens State Bank and Marquette Bank of Shakopee.
Branches of the Mankato Family Bank and Norwest Bank, Minnesota, N.A. are also located in
the City.
Health Care Facilities
The 126-bed St. Francis Regional Medical Center provides general and acute care facilities and
is located in the City. The Center has an active medical staff of 54 physicians and a consulting
and courtesy staff of approximately 100 physicians. The Center's total full- and part-time
employment is approximately 363.
Also located in the City is Shakopee Friendship Manor, a 116-bed privately owned nursing
home.
Education
Most Shakopee residents are part of Independent School District 720 (Shakopee); a very small
percentage of City residents are within the boundaries of ISD 191 (Bumsville). Independent
School District 720 has a fall 1995 enrollment (kindergarten through grade 12) of approximately
3,132 students, and has approximately 390 employees.
The Shakopee Area Catholic School provides parochial education for grades kindergarten
through eight. The school has approximately 349 students enrolled.
GOVERNMENTAL ORGANIZATION AND SERVICES
Organization
Shakopee was incorporated as a City in 1870 and became a statutory city in April, 1975, having
previously been governed under a home rule charter. The City has a mayor-council form of
government, with the Mayor elected to a two-year term of office and the four Council members
elected to overlapping four-year terms. The present Mayor and Council members are as shown
below:
Expiration of Term
Gary L. Laurent Mayor December 31, 1995
Robert O. Sweeney Council Member December 31, 1997
Jon Brekke Council Member December 31, 1995
Joan Lynch Council Member December 31, 1995
Michael Beard Council Member December 31, 1995
The City's chief administrative officer is the City Administrator, Mr. Dennis Kraft, who is
appointed by the Council. Mr. Kraft served as the City's Community Development Director for
two and one-half years prior to being appointed City Administrator in 1988. Mr. Gregg M.
Voxland, the City's Finance Director/Treasurer, has been with the City since 1978. Ms. Judith
S. Cox is the City Clerk.
The City has 66 full-time and 42 part-time employees.
- 16 -
Services
Police and fire protection for the City is provided by the Police Department, comprised of 19 full-
time officers, and a volunteer Fire Department, comprised of 41 members. The City has a
class 5 rating for insurance purposes.
Municipal water and sewer services are provided for all developed areas of the City. Water is
supplied by eight wells and stored in a two million gallon standpipe, a 1.5 million-gallon elevated
tank, and a 250,000-gallon elevated tank. The water system has a pumping capacity of 6,487
gallons per minute; average demand is estimated to be 2.4 million gallons per day, while peak
demand reaches 6.0 million gallons per day. The water system is designed to handle major
extensions in the future.
The Shakopee Public Utilities Commission is responsible for the management and maintenance
of the municipal water system and electrical distribution system. The electric system purchases
power from Minnesota Municipal Power Agency (MMPA) and has 6,319 metered customers.
The Commission is comprised of three members appointed by the City Council to three-year
terms. The Commission makes an annual contribution in lieu of taxes to the City in the amount
of 23.77% of gross margin, or$240,384 (a limit established by ordinance), whichever is greater.
Effective January 1, 1991, the Shakopee Public Utilities Commission purchased all the facilities
located within the City of Shakopee which were owned and operated by the Minnesota Valley
Electrical Cooperative. The Commission is financing its long-range program of capital
improvements, replacements and additions to the electric and water utilities comprising the
Shakopee Public Utilities with the issuance of $4,250,000 Shakopee Public Utilities Revenue
Bonds, Series 1993, dated August 24, 1993, as well as from utilities revenues.
Interceptor sewer lines and wastewater treatment plants in the seven-county metropolitan area
are under the jurisdiction of the Metropolitan Council's Office of Wastewater Services ("OWS").
OWS finances its operations through user charges based on volume. OWS's Blue Lake
Treatment Plant is located in the City and has undergone a major expansion.
Employee Pensions
All full-time and certain part-time employees of the City of Shakopee are covered by defined
benefit pension plans administered by the Public Employees Retirement Association of
Minnesota (PERA). PERA administers the Public Employers Retirement Fund (PERF) and the
Public Employees Police and Fire Fund (PEPFF) which are cost-sharing multiple-employer
retirement plans. PERF members belong to either the Coordinated Plan or the Basic Plan.
Coordinated members are covered by Social Security and Basic members are not. All new
members must participate in the Coordinated Plan. All police officers who qualify for
membership by statute are covered by the PEPFF. The City's contribution for employees
covered by PERA for the year ended December 31, 1994 was $211,038.
The City contributes to the Shakopee Fire Department Relief Association, a single-employer
public employee retirement system that acts as a common investment and administrator for the
City's volunteer fire fighters. Contributions to the relief association in 1994 consisted of$43,407
from the City and $36,212 from State aids.
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APPENDIX I
PROPOSED FORM OF LEGAL OPINIONS
DORSEY & WHITNEY
PEOPESSIONAL LIMITED LIABILITY PARTNERSHIP
PILLSBURY CENTER SOUTH
220 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402-1498
(612) 340-2600
FAX(612)340-2866
$3,180,000 General Obligation
Improvement Bonds, Series 1995A
City of Shakopee, Scott County, Minnesota
As Bond Counsel in connection with the authorization, issuance and
sale by the City of Shakopee, Scott County, Minnesota (the City), of the obligations
described above, dated as originally issued as of November 1, 1995 (the Bonds), we
have examined certified copies of certain proceedings taken, and certain affidavits
and certificates furnished, by the City in the authorization, sale and issuance of the
Bonds, including the form of the Bonds. As to questions of fact material to our
opinion we have assumed the authenticity of and relied upon the proceedings,
affidavits and certificates furnished to us without undertaking to verify the same by
independent investigation. From our examination of such proceedings, affidavits
and certificates, and upon the basis of existing law, it is our opinion that:
1. The Bonds are valid and binding general obligations of the City
enforceable in accordance with their terms, except to the extent the enforceability
thereof may be limited by the exercise of judicial discretion or by the application of
state or federal laws relating to bankruptcy, reorganization, moratorium or creditors'
rights.
2. The principal of and interest on the Bonds are payable primarily
from special assessments levied with respect to local improvements in the City and
ad valorem taxes levied on all taxable property in the City which have been pledged
and appropriated for this purpose, but if necessary for payment thereof additional ad
valorem taxes are required by law to be levied on all taxable property in the City,
which taxes are not subject to any limitation as to rate or amount.
3. Interest on the Bonds (a) is not includable in gross income for
federal income tax purposes or in taxable net income of individuals, estates or trusts
for Minnesota income tax purposes; (b) is includable in taxable income of
corporations and financial institutions for purposes of the Minnesota franchise tax;
(c) is not an item of tax preference includable in alternative minimum taxable
income for purposes of the federal alternative minimum tax applicable to all
taxpayers or the Minnesota alternative minimum tax applicable to individuals,
estates and trusts; but (d) is includable in book income or alternative minimum
taxable income for purposes of the federal alternative minimum tax imposed on
corporations.
I-1
DORSEY & WHITNEY
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
$3,180,000 General Obligation City of Shakopee,
Improvement Bonds, Series 1995A Scott County, Minnesota
4. The City has designated the Bonds as "qualified tax-exempt
obligations" within the meaning of Section 265(b)(3) of the Code, and financial
institutions described in Section 265(b)(5) of the Code may treat the Bonds for
purposes of Sections 265(b)(2) and 291(e)(1)(B) of the Code as if they were acquired on
August 7, 1986.
5. The opinions expressed in paragraphs 3 and 4 above are subject
to the condition of the City's compliance with all requirements of the Code that
must be satisfied subsequent to the issuance of the Bonds in order that interest
thereon may be, and continue to be, excluded from gross income for federal income
tax purposes. The City has covenanted to comply with these continuing
requirements. Its failure to do so could result in the inclusion of interest on the
Bonds in federal gross income and in Minnesota taxable net income, retroactive to
the date of issuance of the Bonds. Except as stated in this opinion, we express no
opinion regarding federal or state tax consequences to holders of the Bonds.
We have not been asked, and have not undertaken, to review the
accuracy, completeness or sufficiency of any offering materials relating to the Bonds,
and we express no opinion with respect thereto.
Dated: November , 1995.
1-2
DORSEY & WHITNEY
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
PILLSBURY CENTER SOUTH
220 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402-1498
(612) 340-2600
FAX(612)340-2868
$1,150,000 General Obligation
Storm Water Revenue Bonds, Series 1995B
City of Shakopee, Scott County, Minnesota
As Bond Counsel in connection with the authorization, issuance and
sale by the City of Shakopee, Scott County, Minnesota (the City), of the obligations
described above, dated as originally issued as of November 1, 1995 (the Bonds), we
have examined certified copies of certain proceedings taken, and certain affidavits
and certificates furnished, by the City in the authorization, sale and issuance of the
Bonds, including the form of the Bonds. As to questions of fact material to our
opinion we have assumed the authenticity of and relied upon the proceedings,
affidavits and certificates furnished to us without undertaking to verify the same by
independent investigation. From our examination of such proceedings, affidavits
and certificates, and upon the basis of existing law, it is our opinion that:
1. The Bonds are valid and binding general obligations of the City
enforceable in accordance with their terms, except to the extent the enforceability
thereof may be limited by the exercise of judicial discretion or by the application of
state or federal laws relating to bankruptcy, reorganization, moratorium or creditors'
rights.
2. The principal of and interest on the Bonds are payable primarily
from net revenues of the City's storm sewer system, but if necessary for payment
thereof ad valorem taxes are required by law to be levied on all taxable property in
the City, which taxes are not subject to any limitation as to rate or amount.
3. Interest on the Bonds (a) is not includable in gross income for
federal income tax purposes or in taxable net income of individuals, estates or trusts
for Minnesota income tax purposes; (b) is includable in taxable income of
corporations and financial institutions for purposes of the Minnesota franchise tax;
(c) is not an item of tax preference includable in alternative minimum taxable
income for purposes of the federal alternative minimum tax applicable to all
taxpayers or the Minnesota alternative minimum tax applicable to individuals,
estates and trusts; but (d) is includable in book income or alternative minimum
taxable income for purposes of the federal alternative minimum tax imposed on
corporations.
1-3
DORSEY 8c WHITNEY
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
$1,150,000 General Obligation City of Shakopee,
Storm Water Revenue Bonds, Series 1995B Scott County, Minnesota
4. The City has designated the Bonds as "qualified tax-exempt
obligations" within the meaning of Section 265(b)(3) of the Code, and financial
institutions described in Section 265(b)(5) of the Code may treat the Bonds for
purposes of Sections 265(b)(2) and 291(e)(1)(B) of the Code as if they were acquired on
August 7, 1986.
5. The opinions expressed in paragraphs 3 and 4 above are subject
to the condition of the City's compliance with all requirements of the Code that
must be satisfied subsequent to the issuance of the Bonds in order that interest
thereon may be, and continue to be, excluded from gross income for federal income
tax purposes. The City has covenanted to comply with these continuing
requirements. Its failure to do so could result in the inclusion of interest on the
Bonds in federal gross income and in Minnesota taxable net income, retroactive to
the date of issuance of the Bonds. Except as stated in this opinion, we express no
opinion regarding federal or state tax consequences to holders of the Bonds.
We have not been asked, and have not undertaken, to review the
accuracy, completeness or sufficiency of any offering materials relating to the Bonds,
and we express no opinion with respect thereto.
Dated: November , 1995.
1-4
APPENDIX II
CONTINUING DISCLOSURE UNDERTAKING
The City Council Resolution authorizing the issuance of the Bonds will contain provisions
enabling participating underwriters in the primary offering of the Bonds to comply with the
requirements of Securities and Exchange Commission Regulation, 17 C.F.R.
Section 240.15c2-12, paragraph (b)(5), in substantially the following form:
Section 9. OFFICIAL STATEMENT; CONTINUING DISCLOSURE
9.01 Official Statement. The Official Statement relating to the Bonds dated
September 20, 1995, and the Official Statement Addendum dated October ,
1995 (together the "Official Statement"), is a final official statement within the
meaning of Securities and Exchange Commission Regulation, 17 C.F.R.,
Section 240.15c2-12 ("Rule 15c2-12"). The initial purchasers of the Bonds
designated in Section 1 hereof (the "Initial Purchasers") are authorized and
directed to distribute the Official Statement to all persons to whom the Bonds are
reoffered.
9.02 Continuing Disclosure.
(a) General Undertaking. The City covenants and agrees with the holders
from time to time of the Bonds to comply with Rule 15c2-12,
paragraph (b)(5); and, for this purpose, to provide to nationally recognized
securities repositories and any Minnesota state information depository,
annual financial information of the type included in the Official Statement
including audited financial statements, and notice of the occurrence of
events which materially affect the terms, payment, security, rating or tax
status of the Bonds, as set forth in this Section. The City is the only
"obligated person" in respect of the Bonds within the meaning of
Rule 15c2-12.
(b) Information to be Disclosed. The City will provide, in the manner set forth
in paragraph (c) hereof, either directly or indirectly through an agent
designated by the City Council, the following information at the following
times:
(1) Within one year after the end of each fiscal year, commencing with
the fiscal year ending December 31, 1996 (each a "Reporting
Date"):
(A) the general purpose financial statements of the City for the
fiscal year ending on the previous December 31, prepared in
accordance with generally accepted accounting principles
for governmental entities as prescribed by the Government
Accounting Standards Board of, if and to the extent such
financial statements have not been prepared in accordance
with such generally accepted accounting principles, noting
the variances therefrom and the effect thereof, together with
an independent auditor's report; and
(B) to the extent not included in the financial statements referred
to in clause (A) hereof, the information for such fiscal year of
the type contained in the Official Statement under the
following headings: CITY PROPERTY VALUES; CITY
II-1
INDEBTEDNESS; CITY TAX RATES, LEVIES AND
COLLECTIONS; FUNDS ON HAND; CITY INVESTMENTS;
MAJOR EMPLOYERS IN THE CITY; LABOR FORCE
DATA; CITY-ISSUED BUILDING PERMITS; and
SELECTED ANNUAL FINANCIAL INFORMATION, which
information may be unaudited.
Any or all of the information may be incorporated by reference from other
documents, including official statements, which have been submitted to
each of the repositories referred to under this paragraph (b) or the
Securities and Exchange commission. If the document incorporated by
reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The City shall clearly identify in
the information each document so incorporated by reference.
(2) In a timely manner, notice of the occurrence of any of the following
events or conditions of which the City has actual knowledge, and
which is a Material Fact (as hereinafter defined):
(A) default in the payment of principal of or interest on any
Bonds;
(B) the failure of the City to observe any of its covenants and
agreements contained in this Resolution other than in this
Section 9.02;
(C) the issuance of a statutory notice of deficiency by the
Internal Revenue Service, a. ruling from the National Office
or any District Office of the Internal Revenue Service, or a
final decision of a court of competent jurisdiction, which
holds in effect, or the delivery by bond counsel employed by
the City to any person of a written opinion concluding in
effect, that the interest payable on any Bonds is includable
for federal income tax purposes in the gross income of an
owner of Bonds; or the commencement by the Internal
Revenue Service of an audit or investigation of or other
challenge to the exclusion of interest on the Bonds from
gross income for federal income tax purposes;
(D) the issuance of a notice of deficiency or a ruling from the
Department of Revenue of the State, or a final decision of a
court of competent jurisdiction, which holds in effect, or the
delivery by bond counsel employed by the City to any
person of a written opinion concluding in effect, that the
interest payable on any Bonds is includable for State of
Minnesota income tax purposes in the gross income of an
owner of Bonds;
(E) the amendment or supplementing of this Resolution or any
provision hereof (including this Section 9.02) or any waiver
by bondholders of any such provisions, together with a copy
of such amendment, supplement or waiver;
(F) the giving of the notice of redemption of any Bonds, together
with a copy of such notice of redemption;
11-2
(G) the discharge of the obligations of the City under this
Resolution before the final stated maturity date of the Bonds
or the defeasance of any Bonds under Section 7 hereof;
(H) any change in, or the withdrawal of, any rating of the Bonds
by a rating agency; and
(I) the failure of the City to provide the information required
under subparagraph (1) of this paragraph (b) at the time
specified thereunder.
As used herein, a "Material Fact" is a fact as to which a substantial
likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy or sell a Bond, or, if not disclosed,
would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or
information generally available to the public.
(c) Manner of Disclosure. The City agrees to make available the information
described in paragraph (b) to the following entities by telecopy, overnight
delivery, mail or other means, as appropriate:
(1) the information described in subparagraphs (1) and (2) of
paragraph (b), to each then nationally recognized municipal
securities information repository under Rule 15c2-12 and to any
State information depository then designated or operated by the
State of Minnesota as contemplated by the Rule 15c2-12 (the
"State Depository"), if any;
(2) the information described in subparagraph (2) of paragraph (b), to
the Municipal Securities Rulemaking Board and to the State
Depository, if any; and
(3) the information described in paragraph (b), to any rating agency
then maintaining a rating of the Bonds and, at the expense of any
bondholder, to any bondholder who requests in writing such
information at the time of transmission under subparagraphs (1) or
(2) of this paragraph (c), as the case may be, or, if such information
is transmitted with a subsequent time of release, at the time such
information is to be released.
(d) Term; Amendments; Interpretation. The covenants of the City in this
Section 9.02 shall remain in effect so long as any Bonds are outstanding
under this Resolution. This Section 9.02 may be amended or
supplemented by the City from time to time, without notice to (except as
provided in paragraph (c) hereof) or the consent of the holders of any
Bonds, by a Resolution of the City Council accompanied by an opinion of
bond counsel to the effect that such amendment or supplement as required
by, or better complies with, the provisions of Rule 15c2-12,
paragraph (b)(5), or is no longer required by Rule 15c2-12. This
Section 9.02 is entered into to comply with the continuing disclosure
provisions of the Rule 15c2-12, paragraph (b)(5) and should be construed
so as to satisfy its requirements.
(e) Failure to Comply; Remedies. If the City fails to comply with any provisions
of this Section 9.02, any person aggrieved thereby, including the holders of
11-3
any Bonds outstanding under this Resolution, may take whatever action at
law or in equity may appear necessary or appropriate to enforce
performance and observance of any agreement or covenant contained in
this Section 9.02. Direct, indirect, consequential and punitive damages
shall not be recoverable for any default hereunder. Notwithstanding
anything to the contrary contained herein, in no event shall a default under
this Section 9.02 constitute a default with respect to the Bonds or under
any other provision of this Resolution.
The City will consider changes in the proposed undertaking deemed necessary by
the winning bidder to comply with Rule 15c2-12.
11-4
APPENDIX III
SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND
MINNESOTA REAL PROPERTY VALUATION
Following is a summary of certain statutory provisions effective through 1994 relative to tax levy
procedures, tax payment and credit procedures, and the mechanics of real property valuation.
The summary does not purport to be inclusive of all such provisions or of the specific provisions
discussed, and is qualified by reference to the complete text of applicable statutes, rules and
regulations of the State of Minnesota in reference thereto. This summary reflects changes to
Minnesota property tax laws enacted by the State Legislature during the 1994 Regular Session.
Property Valuations (Chapter 273, Minnesota Statutes)
Assessor's Estimated Market Value
Each parcel of real property subject to taxation must, by statute, be appraised at least once
every four years as of January 2 of the year of appraisal. With certain exceptions, all property
is valued at its market value which is the value the assessor determines to be the price he
believes the property to be fairly worth, and which is referred to as the "Estimated Market
Value."
Limitation of Market Value Increases
Effective for assessment years 1993 through 1998, the amount of increase in market value for
all property classified as agricultural homestead and non-homestead, residential homestead
and non-homestead, or non-commercial seasonable recreational residential, which is entered
by the assessor in the current assessment year, may not exceed the greater of (i) 10% of the
preceding year's market value or (ii) 1/3 of the difference between the current assessment and
the preceding assessment.
Indicated Market Value
Because the Estimated Market Value as determined by an assessor may not represent the
price of real property in the marketplace, the "Indicated Market Value" is generally regarded as
more representative of full value. The Indicated Market Value is determined by dividing the
Estimated Market Value of a given year by the same year's sales ratio determined by the State
Department of Revenue. The sales ratio represents the overall relationship between the
Estimated Market Value of property within the taxing unit and actual selling price.
Net Tax Capacity
The Net Tax Capacity is the value upon which net taxes are levied, extended and collected.
The Net Tax Capacity is computed by applying the class rate percentages specific to each type
of property classification against the Estimated Market Value. Class rate percentages vary
depending on the type of property as shown on the last page of this Appendix II. The formulas
and class rates for converting Estimated Market Value to Net Tax Capacity represent a basic
element of the State's property tax relief system and are subject to annual revisions by the
State Legislature.
Property taxes are determined by multiplying the Net Tax Capacity by the tax capacity rate,
expressed as a percentage.
Property Tax Payments and Delinquencies
(Chapters 276, 279-282 and 549, Minnesota Statutes)
Ad valorem property taxes levied by local governments in Minnesota are extended and
collected by the various counties within the State. Each taxing jurisdiction is required to certify
the annual tax levy to the county auditor within five (5) working days after December 20 of the
year preceding the collection year. A listing of property taxes due is prepared by the county
auditor and turned over to the county treasurer on or before the first business day in March.
III-1
Debt Limitations
All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory
"net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is
defined as the amount remaining after deducting from gross debt the amount of current
revenues which are applicable within the current fiscal year to the payment of any debt and the
aggregation of the principal of the following:
1. Obligations issued for improvements which are payable wholly or partially from the
proceeds of special assessments levied upon benefited property.
2. Warrants or orders having no definite or fixed maturity.
3. Obligations payable wholly from the income from revenue producing conveniences.
4. Obligations issued to create or maintain a permanent improvement revolving fund.
5. Obligations issued for the acquisition and betterment of public waterworks and public
lighting, heating or power systems, and any combination thereof, or for any other public
convenience from which revenue is or may be derived.
6. Certain debt service loans and capital loans made to school districts.
7. Certain obligations to repay loans.
8. Obligations specifically excluded under the provisions of law authorizing their issuance.
9. Debt service funds for the payment of principal and interest on obligations other than those
described above.
Levies for General Obligation Debt
(Sections 475.61 and 475.74, Minnesota Statutes)
Any municipality which issues general obligation debt must, at the time of issuance, certify
levies to the county auditor of the county(ies) within which the municipality is situated. Such
levies shall be in an amount that if collected in full will, together with estimates of other
revenues pledged for payment of the obligations, produce at least five percent in excess of the
amount needed to pay principal and interest when due.
Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to
levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is
without limitation as to rate or amount.
Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes)
"Fiscal Disparities Law"
The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as
"Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the
increase in commercial-industrial (including public utility and railroad) net tax capacity valuation
since 1971 in each assessment district in the Minneapolis/St. Paul seven-county metropolitan
area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott,
excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax
base. A distribution index, based on the factors of population and real property market value
per capita, is employed in determining what proportion of the net tax capacity value in the area-
wide tax base shall be distributed back to each assessment district.
•
111-2
The county treasurer is responsible for collecting all property taxes within the county. Real
estate and personal property tax statements are mailed out by March 31. One-half (1/2) of the
taxes on real property is due on or before May 15. The remainder is due on or before
October 15. Real property taxes not paid by their due date are assessed a penalty which,
depending on the type of property, increases from 2% to 4% on the day after the due date. In
the case of the first installment of real property taxes due May 15, the penalty increases to 4%
or 8% on June 1. Thereafter, an additional 1% penalty shall accrue each month through
October 1 of the collection year for unpaid real property taxes. In the case of the second
installment of real property taxes due October 15, the penalty increases to 6% or 8% on
November 1 and increases again to 8% or 12% on December 1. Personal property taxes
remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the
unpaid tax. However, personal property owned by a tax-exempt entity, but which is treated as
taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties
as real property.
On the first business day of January of the year following collection all delinquencies are
subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are
filed for a tax lien judgment with the district court. By March 20 the clerk of court files a
publication of legal action and a mailing of notice of action to delinquent parties. Those
property interests not responding to this notice have judgment entered for the amount of the
delinquency and associated penalties. The amount of the judgment is subject to a variable
interest determined annually by the Department of Revenue, and equal to the adjusted prime
rate charged by banks, but in no event is the rate less than 10% or more than 14%.
Property owners subject to a tax lien judgment generally have five years (5) in the case of all
property located outside of cities or in the case of residential homestead, agricultural
homestead and seasonal residential recreational property located within cities or three (3) years
with respect to other types of property to redeem the property. After expiration of the
redemption period, unredeemed properties are declared tax forfeit with title held in trust by the
State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof,
then sells those properties not claimed for a public purpose at auction. The net proceeds of the
sale are first dedicated to the satisfaction of outstanding special assessments on the parcel,
with any remaining balance in most cases being divided on the following basis: county - 40%;
town or city- 20%; and school district-40%.
Property Tax Credits (Chapter 273, Minnesota Statutes)
In addition to adjusting the taxable value for various property types, primary elements of
Minnesota's property tax relief system are: property tax levy reduction aids; the circuit breaker
credit, which relates property taxes to income and provides relief on a sliding income scale; and
targeted tax relief, which is aimed primarily at easing the effect of signi icant tax increases. The
circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by
the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid,
equalization aid, homestead and agricultural credit aid (HACA) and disparity reduction aid.
Levy Limitations
Historically, the ability of local governments in Minnesota to levy propsrty taxes was controlled
by various statutory limitations. These limitations have expired for taxes payable in 1993 and
future years, but may be reinstated in the future. Under prior law the limitations generally did
not affect debt service levies. For county governments, cities of 2,500 population or more, and
smaller cities and towns that receive taconite municipal aid, taxes could be levied outside the
overall levy limitation for, among others, bonded indebtedness and certificates of indebtedness,
unfunded accrued pension liability, social service programs , and the residual income
maintenance program for which the county share of costs has not been taken over by the State.
111-3
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APPENDIX IV
SELECTED ANNUAL FINANCIAL STATEMENTS
1
The City is audited annually by an independent certified public accounting firm. Data on the
following pages was extracted from the audited financial statements for fiscal years ending
December 31, 1994, 1993 and 1992. The City's financial statements are prepared in
accordance with generally accepted accounting principles for governmental entities as
prescribed by the Governmental Accounting Standards Board. For all years presented, the
modified accrual basis of accounting is used for governmental fund types; the accrual basis is
used for proprietary funds. The reader should be aware that the complete audits may contain
additional information which may interpret, explain or modify the data presented here.
The City's comprehensive annual financial reports for the years ended 1984 through 1993 were
awarded the Certificate of Achievement for Excellence in Financial Reporting by the
Government Finance Officers Association of the United States and Canada (GFOA). The
Certificate of Achievement is the highest form of recognition for excellence in state and local
government financial reporting.
In order to be awarded a Certificate of Achievement, a government unit must publish an easily
readable and efficiently organized comprehensive annual financial report, whose contents
conform to program standards. Such CAFR must satisfy both generally accepted accounting
principles and applicable legal requirements.
A Certificate of Achievement is valid for a period of one year only. The City has submitted its
CAFR for the 1994 fiscal year to GFOA.
IV-1
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1
CITY OF SHAKOPEE,MINNESOTA
COMBINED STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES
ALL GOVERNMENTAL FUND TYPES
FOR THE YEAR ENDED DECEMBER 31,1994
Governmental Fund Types •
Total
Special Debt Capital (Memorandum Ony)
General Revenue Service Projects 1994 1993
Revenues
Taxes S 2,951,832 $ 26,579 $ 1,194,668 $ 5,182,253 $ 9,355,332 $ 3,808,567
Special Assessments 797,057 531,151 1,328,208 955,237
Licenses And Permits 410,992 44,700 455,692 520,527
Intergovernmental 831,073 294,199 407,172 1,532,444 2,828,375
Charges For Services 781,002 58,489 839,491 1,342,370
Fines And Forfeits 64,914 64,914 63,773
Miscellaneous 199,290 120.656 781.375 258.485 1,359,806 1,706,190
Total Revenues 5,239.103 499.923 2.773,100 6.423.761 14.935.887 11.225,039
Expenditures
Current .
General Government 1,291,772 150,743 1,442,515 1,251,830
Public Safety 2,389,753 137
,013
Public Works 1,017,678 347,370 1,365,048 2,019,015
Recreation 641,707 641,707 635,077
Miscellaneous 29,150 29,150 40.040
CapitalSutay 3,082,228 3.082,228 5,419,249
Principal 2,860,000 2,860,000 1,365,000
Interest And Other Charges 1,025,462 1,025,462 975,400
Total Expenditures 5,370,060 498,250 3.885.462 3.082,228 12,836,000 13,305,624
Excess(Deficiency)Of Revenues Over
Expenditures (130,957) 1,!773 (1,112,362) 3,341,533 2,099,887 (2,080,585)
Other Financing Sources(Uses)
Operating Transfers In 1,033,499 378,733 335,341 9,653 1.757.226 1,999.299
Operating Transfers Out (242,654) (747,302) (102,340) (1,092,296) (1,450.991)
Proceeds Of Borrowing 5,034,032
Payment to Escrow Agent (980261)
Sale Of Property 2,059 124,024 126.083 15.056
Total Other Financing Sources(Uses) 792,904 (244,545) 335,341 (92,687) 791,013 4,617,135
Excess(Deficiency)Of Revenues&Other
Financing Sources Over Expenditures&
Other Financing Uses 661,947 (242,872) (777,021) 3,248,846 2,890,900 2,536,550
•
Fund Balance January 1 1,565,800 2,330,195 9,504.410 4,384,919 17,785.324 15,248,774
Residual Equity Transfers (1,785,903) 477,264 (477,264) (1,785,903)
Fund Balance December 31 $� $ 301, $ $ 7,156,501 $ 18,890,321 $ 17785.324 20ilmhmomin _ mIma ,
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IV-11
CITY OF SHAKOPEE,MINNESOTA
ENTERPRISE FUNDS
CO ABINING STATEMENT OF REVENUES,EXPENSES AND CHANGES IN RETAINED EARNINGS
FOR THE YEAR ENDED DECEMBER 31,1994
Storm Rhus. Totals
Electric Water Sewer Drainage Collection
Fund Fund Fund Fund Fund 1994 1993
Operating Revenue
Sales S 8.309.834 $ 758,339 .S 1.340,233 $ 301,200 $ 511,763 $ 11,221,369 $ 9200.176
Cost Of Sales 6,026,116 6,026,116 5,198,278
Gross Profit 2.283.718 758,339 1,340233 301,200 511.763 5,195,253 4.001.898 k
Operating Expense
Operations And Maintenance 965,186 325.083 82.602 138.006 524,782 2,035,659 1,599297
Treatment Charges 1,021,106 1.021,106 1,055,479
Depreciation And Amortization 238,601 190,843 127,662 158,685 715.791 671,223
Total Operating Expense 1203,787 515.926 1231.370 296;691 524.732 3,772,556 3,325999
Operating Income(Loss) 1,079,931 242.413 108,863 4.509 (13.019) 1.422,697 675.899
Non-Operating Income(Expense)
Interest Income 248,813 135,987 93211 75,193 553,204 750,497
Other Income 42,018 53.074 4,411 13,795 113298 76,756
Interest Expense (204,128) (89,670) (293.798) (157.978)
Total Non-Operating Income 86,703 99.391 97,622 75,193 13,795 372,704 669275
Income Before Operating Transfers 1,166,634 341.804 206,485 79,702 776 1,796,401 1.345.174
Transfers To Other Funds (521,917) (143,013) (664.930) _ (548,308)
Net Income 644,717 198,791 206,485 79,702 776 1,130,471 796.866
Add Depreciation On Contributed Assets
That Reduces Contributed Capital 83,852 83,565 121,240 288.657 267,003
Increase In Retained Earnings 644,717 282.643 290.050 200,942 776 1,419,128 1,063.869
Retained Earnings January 1 6334255 2.815,974 3,282.940 _ 2.949325 15.782.894 14,719,025
Retained Earnings December 31 $ 7,378,972 , $ 3,098.617 $ 3,572.990 $ 3.150667 S 776 $ 17,202.022 $ 15,762 894 1
i
IV-12
. CITY OF SI$AKOPEE, MINNESOTA
ENTERPRISE FUNDS
COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS
FOR THE YEAR ENDED DECEMBER 31, 1993
Storm Totals
Electric Water Sewer Drainage
Fund Fund Fund Fid 1993 1992
Operating Revenue
Sales $7,137,418 S 631,871 $1,129,421 $ 301,466 S 9,200,176 S 8,584,553
Cost Of Sales 5,198,278 5,198,278 5,157,393
Gross Profit 1,939,140 631,871 1,129,421 301,466 4,001,898 3,427,160
Operating Expense
Operations And Maintenance 1,016,139 293,387 122,797 166,974 1,599,297 1,451,620
Treatment Charges 1,055,479 1,055,479 900,265
Depreciation And Amortization 238,205 185,044 113,223 134,751 671,223 633,146
Total Operating Expense 1,254,344 478,431 1,291,499 301,725 3,325,999 2,985,031
Operating.Income (Loss) 684,796 153,440 (162,078) (259) 675,899 442,129
Non-Operating Income (Expense)
Interest Income 328,031 142,769 145,360 134,337 750,497 585,754
Other Income 9,590 26,389 40,777 76,756 160,980
Interest Expense (125,233) (32,745) (157,978) (84,035)
Total Non-Operating Income 212,388 136,413 186,137 134,337 669,275 662,699
Income Before Operating Transfers 897,184 289,853 24,059 134,078 1,345,174 1,104,828
Transfers To Other Fids (439,820) (108,488) (548,308) (434,181)
Net Income To Retained Earnings 457,364 181,365 24,059 134,078 796,866 670,647
Retained Earnings January 1 5,950,892 1,264,203 2,436,896 1,359,261 11,011,252 10,340,605
Retained Earnings December 31 $6,408,256 $1,445,568 $2,460,955 $1,493,339 $11,808,118 $11,011,252
siIIIMS Z SISSIWINIVIIIM s
IV-1 3
CITY OF SHAKOPEE, MINNESOTA
ENTERPRISE FUNDS
COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS
FOR THE YEAR ENDED DECEMBER 31, 1992
Storm Totals
Electric Water Sewer Drainage
Fund Fund Fund Fund 1992 1991
Operating Revenue
Sales 66,575,161 S 625,254 51,079,288 S 304,850 S 8,584,553 S 9,043,016
Cost Of Sales 5,157,393 5,157,393 5,350,071
1,417,768 625,254 1,079,288 304,850 3,427,160 3,692,945
r
Operating Expense
Operations And Maintenance 889,661 298,778 177,496 85,685 1,451,620 1,330,918
Treatment Charges 900,265 900,265 965,176
Depreciation And Amortization 231,085 180,079 95,150 126,832 633,146 609,380
Total Operating Expense 1,120,746 478,857 1,172,911 212,517 2,985,031 2,905,474
Operating Income (Loss) 297,022 146,397 (93,623) 92,333 442,129 787,471
Other Income (Expense)
Interest Income 203,471 93,420 148,530 140,333 585,754 586,168
Other Income 125,717 32,944 2,319 160,980 40,358
Interest Expense (84,035) (84,035) (88,811)
Other Expense (52,058)
Total Other Income 245,153 126,364 150,849 140,333 662,699 485,657
Net Income Before Operating Transfers 542,175 272,761 57,226 232,666 1,104,828 1,273,128
Transfers To Other Funds (319,165) (115,016) (434,181) (518,381)
Net Income To Retained Earnings 223,010 157,745 57,226 232,666 670,647 754,747
Retained Earnings January 1 5,727,882 1,106,458 2,379,670 1,126,595 10,340,605 9,585,858
Retained Earnings Deceei2er 31 65,950,892 $1,264,203 62,436,896 $1,359,261 611,011,252 $10,340,605
s=======s== =========ss = =sass===ass =s == =
IV-14
i
CONSENT
CONSENT
Memo To: Dennis R. Kraft, City Administrator
From: Gregg Voxland, Finance Director
Re: Farm Lease for 1996
Date: September 28, 1995
Introduction
Gene Hauer has inquired about renewal of his farm lease for 1996.
Background
The Hauer family has farmed the land in the north part of Memorial Park
for many years. Since the City acquired the land for a park, it has
leased the north part to the Hauer family for continued farming. A
number of years ago, staff inquired around for other interested farmers
and found none. There are no current City plans to use the area being
farmed.
A lease form has been sent to Gene Hauer for his signature and it is to
be returned for City official's signatures. Mr. Hauer pays the taxes on
the land and $250-$500 in rent depending upon flooding conditions.
Action Requested
Move to authorize proper City officials to execute a farm lease with Gene
Hauer for 1996 under the same terms as 1995.
Gv:mmr
F9RM.LEZ
CONSENT /.5„1
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock,Assistant City Administrator
RE: Gymnastics Equipment F F &E-Package D
DATE: September 26, 1995
INTRODUCTION:
Request for proposals for the Civic Center gymnastics equipment have been solicited. It
would be appropriate at this time to authorize the appropriate City officials to select
vendors for the equipment.
BACKGROUND:
Attached is a correspondence from Greystone Construction summarizing the process that
was followed for soliciting cost estimates for gymnastics equipment. The Civic Center
facility includes a multi-purpose room that will be utilized for gymnastics programs. The
original Civic Center budget included$25,000 for furnishing the necessary equipment for
this portion of the building.
The equipment proposals requested that unit costs be submitted for each piece of defined
equipment. City staff was able to select various pieces of equipment from two different
vendors. This approach provided us with increased quality at a lower than projected
equipment cost. Staff is recommending that the appropriate City officials be authorized
to utilize DeKan Athletic and Splieth Anderson to furnish the gymnastics equipment at a
total cost not to exceed$19,405.
ALTERNATIVES:
1. Move to authorize the appropriate City officials to utilize DeKan Athletic and
Splieth Anderson to supply the gymnastics equipment needs for the Shakopee
Civic Center facility at a combined total cost not to exceed $19,405.
2. Table action pending further information from staff.
3. Select a different vendor to provide the gymnastics equipment.
STAFF RECOMMENDATION:
Staff recommends alternative#1.
ACTION REQUESTED:
Move to authorize the appropriate City officials to utilize DeKan
Athletic and Splieth Anderson to supply the gymnastics equipment needs for the
Shakopee Civic Center facility at a combined total cost not to exceed $19,405.
GREYSTONE CONSTRUCTION 4454191 P. 02
Ar"k Tr -.rim r t ►di Ra l>k T
likaHrex a I 'it" 1,
CONSTRUCTION COMPANY
September 25, 1995
Barry Stock
Assistant City Administrator
City of Shakopee
129 Holmes Street
Shakopee,MN 55379
Re:Shakopee Civic Center --
Gymnastics Equipment,FF&E Package D
Dear Barry:
Based on consultations with City Staff, we recommend awarding the Gymnastics Equipment as follows:
accept the proposal submitted by DeKan Athletic in the amount of $12,970 ; and accept the proposal
submitted by Splieth Anderson in the amount of$6,435. The total cost of gymnastic equipment equals
$19,405. The original Civic Center Budget includes a cost estimate for gymnastics equipment of$25,000.
Since the expected costs for the gymnastics equipment was not expected to exceed$25,000,proposal were
requested in accordance with State Statute. Proposals were due by Friday, August 18, 1995. Proposals
were received from: •
1.DeKan Athletic Equipment
2.AM American Athletic Inc.
3.United Athletic International
4.Splieth Anderson
The proposals were requested based on a defined list of equipment. City Staff,utilizing unit costs was able
to select various pieces of gymnastics equipment from both the Splieth Anderson and DeKan Athletic
Equipment proposal. Splitting the equipment award between the two suppliers will provide the City with
increased equipment quality,at a lower cost.
Sincerely,
Mikl J.Parsons
Project Manager
IMIMIIIIIIIMIIIIMIIIIIIIMMI
cc: Rob O'Brien,Paul Dablber
3 I
-------......----------------------
'I221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227
Employer/Contractor Fax : 612-445-4191
Rhakcst +e Minnesota 55379 _
Ira
MEMO TO: Dennis R. Kraft, EDA Executive Director
FROM: Barry A. Stock,Assistant City Administrator
RE: Request to Utilize EDA Property
DATE: September 14. 1995
INTRODUCTION:
The Shakopee EDA has received a request from Delta Environmental Consultants, Inc.
(Delta) on behalf of Amoco Corporation requesting permission to utilize property owned
by the Economic Development Authority for the purpose of installing a monitoring well.
BACKGROUND:
Cy's Amoco service station is located at the corner of Atwood St. and First Avenue.
Environmental regulations adopted by the Pollution Control Agency have made it more
difficult to operate service stations. New requirements call for the ongoing monitoring of
ground water near surface station sites to insure that contamination is not occurring.
Attached are several correspondences from Delta requesting permission to utilize the lot
owned by the Economic Development Authority to complete a soil boring and install a
monitoring well. In return for utilizing the property, I am suggesting that Amoco pay to
the Shakopee Economic Development Authority$1,000 per year. The duration of the
proposed agreement will not exceed three years. The amount of property to be occupied
is relatively small and should not adversely impact any future sale.
The terms of the agreement require Amoco Corp. to indemnify the Shakopee EDA for
any and all claims which may arise out of or be connected with the soil boring and/or
monitoring well. The Shakopee City Attorney will be reviewing the proposed Amoco
access agreement(attachment#2)to insure that the EDA's interests are protected.
The property in question has been for sale by the Economic Development Authority for a
number of years. Development interest in the site has been minimal due to the
extraordinary costs of extending utility services to the site. Additionally, the site is
heavily laden in limestone.
Staff is seeking authorization from the Economic Development Authority to proceed in
executing an access agreement with Amoco Corporation for soil borings and the
installation of a monitoring well on the EDA property.
Shakopee Public Utilities does not oversee the installation of these types of wells and has
no regulatory control over them. Approvals for the monitoring well will be handled by
the MPCA and Mn Dept. of Health.
ALTERNATIVES:
1. Authorize the appropriate EDA officials to execute an agreement by and between
the Shakopee EDA and Amoco Corporation for the completion of soil borings and
the installation of a monitoring well on the property located at the intersection of
Scott St. and Levee Drive for an annual reimbursement rate of$1,000 and a
duration not to exceed three years.
2. Do not authorize the utilization of the EDA property for soil borings and
monitoring well.
3. Approve the use of the site for soil borings and a monitoring well as requested by
Amoco at some other lease rate.
STAFF RECOMMENDATION:
Staff recommends alternative#1.
ACTION REQUESTED:
Authorize the appropriate EDA officials to execute an agreement by and between the
Shakopee EDA and Amoco Corporation for the completion of soil borings and the
installation of a monitoring well on the property located at the intersection of Scott St.
and Levee Drive for an annual reimbursement rate of$1,000 and a duration not to exceed
three years.
Delta3900 Northwoods Drive
St. Paul, MN55112
Environmental
612/486-8022 2
AL Consultants,Inc. FAX:612/486-0769
September 12, 1995
Mr. Barry Stock
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Subject: Right-Of-Entry Request
Cy's Amoco SS No. 5337
312 West First Street
Shakopee, Minnesota
Delta No. A091-155
Dear Mr. Stock:
Delta Environmental Consultants, Inc. (Delta), on behalf of Amoco Corporation (Amoco) is
requesting permission to advance one soil boring and complete the soil boring as a monitoring well
on-site at the property owned by the City of Shakopee Housing and Redevelopment Authority(HRA)
at the southeast corner of the intersection of Scott and Levee Streets in Shakopee, Minnesota.
Enclosed you will find the right-of-entry agreement and a site map showing the proposed location.
If acceptable, please sign the enclosed right-of-entry agreement and return to Delta.
Please call me if you have any questions or comments about the enclosed material at(612)486-5771.
Amoco appreciates your cooperation in this matter.
Sincerely,
DELTA ENVIRONMENTAL/ CONSU 'S, INC.
• ✓/ .
Mega . Tewinkel
Project Manager
MGT/bjc
cc: Mr. Jim Kovach -Amoco Corporation
Enclosure
Providing a Competitive Edge
EXHIBIT I-F
AMOCO ACCESS AGREEMENT
I, , do hereby authorize Amoco Corporation their consulting firm, and
property owner
their subcontractors to enter the property located at the southeast corner of the intersection of Scott and Levee Streets
in Shakopee, Minnesota for the purpose of performing environmental and engineering explorations to include one of,
or a combination of, the following categories of work:
1. Installation of one groundwater well.
2. Performing groundwater one inflow tests on well.
3. Obtaining groundwater samples from well.
4. Maintenance and/or checking groundwater levels in well approximately one time per month.
This access agreement permits the installation of a monitoring well(s). It is agreed that Amoco Corporation is the"well
owner"of well # 563379 and,as required under Minnesota Statutes,Chapter 1031.205,will be responsible for obtaining
maintenance permits and for sealing the well.
If wells are installed on the property, the well will be abandoned and the ground/parking lot surface will be restored to
the condition encountered before the installation of the well.
Amoco Corporation will repair any damage that may occur as a result of activities by Amoco Corporation and Amoco
Corporation will indemnify and hold the property owner harmless from any and all claims and causes of action which may
arise out of, or in any way, be connected with Amoco Corporation actions on this property. Well access will be needed
for a time period not likely to exceed two to three years after well installation is completed. The property owner will
be notified at least 48 hours in advance of any planned activities on the property.
At any time the property owner may contact Mr. James Kovach of Amoco Corporation if there are any questions or
concerns about work performed on the property. A contact name and phone number will be provided to the property
owner at the time of initial contact by a Delta Environmental Consultants, Inc. employee.
Agreed to and consented to:
Amoco Corporation Representative Property Owner Signature
Date Printed Name
Date of Authorization
Consultant Contact Person
MCgav+ TGwir1Kft.I
Phone Number
C,') 42G-S711
SCOTT STREET
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Delta 3900 Northwoods Drive
J
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61
Environmental 612/486 80202 2
Consultants,Inc. FAX:612/486-0769
September 13, 1995
Mr. Barry Stock
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Subject: Right-Of-Entry Request
Cy's Amoco SS No. 5337
312 West First Street
Shakopee, Minnesota
Delta No. A091-155
Dear Mr. Stock:
Following is the additional information you requested regarding the above referenced site in our
telephone conversation of September 12, 1995.
• The investigation at Cy's Amoco is being conducted under the guidance of the Minnesota
Pollution Control Agency (MPCA). The MPCA has requested that Amoco Corporation
(Amoco) install a monitoring well downgradient (northwest) of Cy's Amoco.
• Other locations (i.e. the alley)were evaluated but eliminated due to the presence of
overhead electric lines. Private residences directly across the street from the Cy's
Amoco in the downgradient direction were contacted but denied access to install a
well on their property.
• Prior to installation of the monitoring well,the necessary Minnesota Department of
Health (MDH) well permit will be obtained. As stated in the right-of-entry
agreement,Amoco will be responsible for paying the MDH yearly well maintenance
fees and sealing the well according to MDH well code standards once the
investigation is completed.
Providing a Competitive Edge
Mr. Barry Stock
Delta No. A091-155
September 13, 1995
Page 2
Please call me at (612) 486-5771 if I can provide you with any additional information of if you have
any questions or comments.
Sincerely,
DELTA ENVIRONMENTAL CONSULTANTS, INC.
1)/(--cr .�
Megan G. Tewinkel
Project Manager
MGT/bjc
cc: Mr. Jim Kovach -Amoco Corporation, Inc.
/ 3/
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Suburban Transit Association Joint and Cooperative Agreement
DATE: September 25, 1995
INTRODUCTION:
It is anticipated that in 1996 the Legislature will give considerable attention to
discussions surrounding opt-out communities and transit issues. In an effort to
effectively respond to legislative attempts which may jeopardize our transit service,the
representatives from the opt-out communities have met to develop a strategy which will
hopefully maintain our transit funding.
BACKGROUND:
Over the course of the past three months,representatives from the various opt-out
communities have met to discuss the formation of a suburban transit association. The
suburban transit association would be comprised of opt-out communities. Shown in
attachment#1 is a proposed joint and cooperative agreement which would establish the
proposed association. The agreement has not yet been reviewed by the City Attorney but
will be prior to contract execution.
Issues to be covered in the upcoming legislative session include: Federal Funding Transit
cuts, Metro Mobility Service being placed on the opt-outs, sales tax legislation, gas tax,
opt-out operating and capital funding and the Met Councils Transit Redesign Study. The
Association would develop initiatives in response to these issues and continue our efforts
towards removing barriers to suburban transit.
The annual dues to participate in the association are based on a community's population.
The dues equate to $.20 per capita. This equates to an annual membership fee for the
City of Shakopee in the amount of$2,600. Funding for this association cannot be
allocated from the City's transit dollars. Costs would have to be absorbed by the City's
General Fund. Since this is an unanticipated cost, funding for 1995 would have to be
allocated from either the contingency appropriation account or the fund balance.
Staff believes that it is critical for the City of Shakopee to participate in the association
with our fellow opt-out communities. The only opt-out community that has not
expressed a desire to participate at this time is Maple Grove. Staff is recommending that
that appropriate City officials be authorized to execute the Suburban Transit Association
Joint and Cooperative Agreement and the allocation of up to $3,000 from the contingency
appropriation account to cover the dues associated with our participation in the Suburban
Transit Association.
ALTERNATIVES:
1. Move to authorize appropriate City officials to execute the Suburban Transit
Association Joint and Cooperative Agreement.
2. Do not execute the Suburban Transit Association Joint and Cooperative
Agreement.
3. Move that funding for participation in the Suburban.Transit Association be
allocated from the Contingency Appropriation Account in an amount not to
exceed$3,000.
4. Fund participation in the Suburban Transit Association out of the General Fund
Balance in an amount not to exceed$3,000.
5. Table for further information from staff.
STAFF RECOMMENDATION:
Staff recommends alternatives#1 and#3.
ACTION REQUESTED:
1. Move to authorize appropriate City officials to execute the Suburban Transit
Association Joint and Cooperative Agreement.
2. Move that funding for participation in the Suburban Transit Association be
allocated from the Contingency Appropriation Account in an amount not to
exceed $3,000.
09/18/95 16:24 MESSERLI KRAMER -. 4456718 NO.282 P03
September 30, 1995
JOINT AND COOPERATIVE AGREEMENT
PRELIMINARY STATEMENT
The Parties to this Agreement are governmental units of the State of Minnesota.
Minnesota Statute §471.59 permits two or more sub-units, by agreement of their governing bodies,
to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory
authorization, the Parties to this Agreement have chosen to execute a joint powers agreement
providing, in essence, for the development of programs on matters of mutual concern and
interests.
ARTICLE 1.
GENERAL PURPOSE
The primary purpose of this Agreement is for the member municipalities and affiliate
members, such as transit commissions or associations previously created by a joint powers
agreement, to jointly and cooperatively develop programs on matters of mutual concern and
interest, and identify, review, and to actively oppose proposals which may be in conflict with the
interests of the members.
The organization formed pursuant to this Agreement will be funded by member-
municipalities'
embermunicipalities' contributions to be used for tho retention of professional assistance, information
preparation and dissemination, research, and other activities that may from time to time be
authorized by the membership.
ARTICLE 2.
NAME
The Parties hereto agree to establish an organization to be known as the Suburban Transit
Association to carry out the objectives of this Agreement.
89/18/95 16:24 MESSERLI KRAMER -+ 4456718 NO.282 0@4
•
ARTICLE 3.
DEFINITION OF TERMS •
For the purpose of this Agreement, the terms defined in this Article shall have the
meanings given them by this Article.
3.1) "Board" means the governing body of the Association.
3.2) "Association" means the organization created pursuant to this Agreement.
3.3) "Authority" means the governing body of a Party.
3.4) "Board Members" means the persons appointed pursuant to this
Agreement to serve as Members of the Board. -
3.5) "Party" means a municipality which has entered into this Agreement.
3.6) "Affiliate Member" means an organization, commission, association or
municipality which has entered into this Agreement, but does not have
the same voting rights and privileges as a Party.
ARTICLE 4.
ADDITIONAL PARTIES
Any other organization, commission, association or municipality may become a Party or
Affiliate Member upon approval by a majority of the then Parties and upon full payment of the
annual dues.
ARTICLE 5.
EFFECTIVE DATE
A municipality shall enter into this Agreement by duly executing a copy of this Agreement
and by filing such copy, together with a certified copy of the authorizing resolution, with the
Association Chair. This Agreement shall become effective upon approval by at least two (2)
Parties, or on October 1, 1995, whichever is sooner.
ARTICLE 6.
POWERS AND DUTIES OF THE ASSOCIATION
The powers and duties of the Association shall include the powers set forth in this article.
6.1) It may establish legislative programs embodying proposed legislation
and positions on proposed legislation.
2
09/18/95 16:24 MESSERLI KRAMER 4456718 NO.282 1705
6.2) It may take such action as it deems necessary and appropriate to
accomplish the general purposes of this Association.
6.3) It may consult with persons knowledgeable in the legislative process
and persons having a special interest therein, such as legislators,
research organizations, educational institutions, other political
subdivisions, municipal organizations, regulatory organizations
technical experts, and any other persons who can provide pertinent
information concerning legislation of interest to the Association.
6.4) It may provide for the prosecution, defense, or other participation in
actions or proceedings at law in which it may have an interest, and
may employ counsel for that purpose.
6.5) It may conduct such research and investigation and take such action
as it deems necessary, including participation and appearance in
proceedings of any metropolitan, state, federal, regulatory, or
legislative or administrative bodies, on any proposed or existing law, -
bill, or recommendation related to or affecting any or all members.
6.6) It may enter into any contracts deemed necessary by the Board to
carry out its powers and duties, subject to the provisions of this
Agreement.
6.7) It may contract with any of the Parties or others to provide space,
= services, or materials on its behalf. Any contracts let or purchases
made shall conform to the requirements applicable to Minnesota
statutory cities.
6.8) It may accept gifts, apply for grants, enter into agreements required in
connection therewith and hold, use and dispose of money or property
received as a gift or grant in accordance with the terms thereof.
6.9) It shall cause an annual audit of the books of the Association to be
made by an independent auditor, or an independent auditor of a
member city, whichever the Board determines. It shall make an
annual financial accounting and report in writing to the Parties. Its
books and records shall be available for and open to the examination
by the Parties at all reasonable times. It shall establish the annual
budget for the Association as provided in this Agreement.
6.10) It may establish and delegate authority to a Committees) between
Association meetings. Such delegation of authority shall be by
resolution of the Board and may be reconditioned in such manner as
the Board may determine.
6.11) It may exercise any other power necessary and incidental to the
implementation of its powers and duties.
3
09/18/95 16:25 MESSERLI KRAMER -+ 4456718 NO.282 P06
ARTICLE 7.
BOARD OF MEMBERS
7.1) The governing body of the Association shall be its Board of Members.
Each Party shall be entitled to one Board Member. Each Board
Member shall have one (1) vote. The Authority of each Party shall
appoint its one (1) Board Member, who shall be an active Council or
Authority member. A preference should be made by the Authority to
appoint council members who also serve on a transit commission or
association previously created by a joint powers agreement to serve on
the Board of Members. Board Members shall serve without
compensation from the Association.
7.2) Proxy voting by a Board Member's designee shall be permitted.
7.3) Each Board Member shall serve until that Board Member's successor
is appointed and assumes his or her responsibilities. Board Members
shall serve at the pleasure of the Party appointing them. When a
Party appoints a Board Member, it shall give notice of such
appointment to the Association's Secretary/Treasurer. Such notice
shall include the mailing address of the person so appointed. The
names and addresses shown on such notices may be used as the
official names and addresses for the purposes of giving notices of any
meetings of the Association.
7.4) A simple majority of the Board of Members shall constitute a quorum of the
Board.
7.5) A vacancy on the Board shall be filled by the Authority of the Party
whose position on the Board is vacant,
ARTICLE S
MEETINGS
8.1) The Association shall meet at least semi-annually and shall hold an
annual organizational meeting in October.
8.2) The Board shall adopt Bylaws governing its procedures, including the
time, place, and frequency of its regular meetings. Such Bylaws may
be amended from time to time.
8.3) Special meetings of the Board may be called (a) by the Chair or (b) by
the Board upon written request of the majority of the Board Members.
Three (3) days' written notice of special meetings shall be given to the
Board Members. Such notice shall include the agenda for the special
4
09/18/95 16:25 MESSERLI KRAMER 4456718 NO.282 007
meeting. Only matters set forth in the agenda shall be considered at a
special meeting.
8.4) Notice of regular meetings of the Board shall be given to the Board
Members by the Secretary/Treasurer at least seven (7) days in
advance and the agenda for such meetings shall accompany the notice.
However, business at regular meetings of the Board need not be
limited to matters set forth in the agenda.
ARTICLE 9.
OFFICERS
9.1) Number, Election, Qualifications - The officers of the Association shall
consist of a Chair, Vice Chair and a Secretary/Treasurer. Each officer
shall be elected at the annual meeting by the Board. The Chair and
Vice Chair shall hold office until the next annual election of officers -
and until his/her successor shall have been elected and have qualified
or until his/her earlier disqualification, death, resignation, or removal.
The Secretary/Treasurer's term shall commence on January 1 of the
following year and end on December 31 of that year. All officers shall
be Board Members. New officers shall take office at the adjournment
of the annual meeting of the Association at which they were elected,
- with the exception of the Secretary/Treasurer who shall take office on
the first day of January of the following year. Not more than one
Board Member of a Party shall be elected an officer during the same
term. Any officer who ceases to be a Board Member shall at the same
time cease to be an officer. If re-elected, officers may serve for more
than one year.
9.2) Resignation - Any officer of the Association may resign at any time by
giving written notice of his/her resignation to the Board, to the Chair,
or to the Secretary/Treasurer of this Association. The resignation
shall take effect at the time, if any, specified therein or, if no time is
specified therein, upon receipt thereof by said Board Chair, or to the
Secretary/Treasurer. The acceptance of a resignation shall not be
necessary to make it effective.
9.3) Removal - Any officer may be removed, with or without cause, by a
vote of four-fifths (4/5) of the total number of Board Members, at any
meeting of the Board, provided that such purpose is stated in the
notice or waiver of notice of the meeting unless all of the Board
Members of this Association are present at the meeting.
9.4) Vacancies - A vacancy in any office because of disqualification, death,
resignation, or removal shall be filled for the unexpired portion of the
term in the manner prescribed herein for election to that office.
5
09/18/95 16:26 MESSERLI KRAMER 4456718 NO.282 1708
9.5) Chair; Vice Chair - The Chair shall preside at all meetings of the
Association and shall perform all duties incident to the office of Chair
and such other duties as may be delegated by the Association. The
Vice Chair shall act as Chair in the absence of the Chair.
9.6) Secretary/Treasurer - The Secretary/Treasurer shall be responsible for
keeping a record of all of the proceedings of the Association. The
Secretary/Treasurer shall send written notice and material pertaining
to agenda items to each Board Member. He/She shall havo custody of
the Association's funds, shall pay its bills, and keep its financial
records, and generally conduct the financial affairs of the Association.
The Secretary/Treasurer shall be responsible for such other matters as
shall be delegated to him/her by the Association. Orders, chocks, and
drafts of the Association shall be issued in accordance with the
financial practices applicable to the member city from which the
Secretary/Treasurer is elected. In conducting the Association's
financial affairs, the Secretary/Treasurer shall, at all times, act in
accordance with general accepted accounting principles. The
Secretary/Treasurer's reports, including any bills or claims to be acted
upon by the Association, shall be distributed to all Board Members.
Any persons may be engaged to perform such services under the
Secretary/Treasurer's supervision and direction, when authorized by
the Association.
9.7) Other officers- The Association may appoint such other officers as it
deems necessary. All such officers shall be Board Members.
9.8) Committees - The Association may appoint such committees as it
deems necessary or desirable to accomplish its purposes.
ARTICLE 10.
FINANCIAL MATTERS
10.1) Association funds may be expended by the Board in accordance with
the procedures established by law for the expenditure of funds by
Minnesota statutory cities. Legal instruments shall be executed with
authority of the Board, by any two (2) officers.
10.2) The financial contributions of the Parties in support of the Association
shall be per capita. Each of the Parties shall pay to the Association an
amount as determined by the Board at its annual meeting not to
exceed $.20 per capita by October 15 of each year based upon the most
recent Metropolitan Council population estimates. The financial
contributions of Affiliate Members shall be determined by the Board.
These amounts may be used by the Association to pay all legal and
consultant costs and expenses and other expenses as approved by the
6
09/18/95 16:27 MESSERLI KRAMER 4456718 NO.282 P09
•
•
Board. The Board may authorize changes in the per capita charge for
all members upon majority vote.
10.3) A proposed budget shall be formulated by the Board and submitted to
the Parties on or before August 1 of each calendar year. Such budget
shall be deemed approved by a Party unless, prior to September 15 of
the year involved, the Party gives notice in writing to the Board that it
is withdrawing from the Association. Final action adopting a budget
for the ensuing calendar year shall be taken by the Board on or before
the October organizational meeting each year.
10.4) Any Party may inspect and copy the Association books and records at
any and all reasonable times. All books and records shall be kept in
accordance with normal and accepted accounting procedures and
principles used by Minnesota statutory cities.
ARTICLE 1I -
WITHDRAWAL
11.1) Withdrawal - Any Party or Affiliate Member may withdraw from this Agreement
effective on October 1 of any year by giving notice pursuant to Section 2 of this
Article prior to July 15 of the preceding year.
11.2) Notice - In order to effectuate a withdrawal, a Party or Affiliate Member
withdrawing from the Association shall give written notice to the Chair of the
Association, served personally on the Chair or addressed to the Chair at the address
shown on the records of the Association, and by giving with such notice, a copy of a
resolution of its Council stating its decision to withdraw from the Association. The
withdrawal shall be effective upon actual receipt by the Chair and each officer of
such notice and resolution. The withdrawing Party shall have the responsibility for
such actual receipt by the Chair and each officer. Upon receipt of such notice and
resolution, the Chair of the Association shall forward a copy of the notice and
resolution to each Board Member.
11.3) Financial Effect of Withdrawal - No financial benefit shall inure to a Party or
Affiliate Member that withdraws from this Association nor shall there be any
reimbursement for any contribution made or required of the withdrawn
Party by this Agreement.
7
09/18/95 16:27 MESSERLI KRAMER -+ 4456718 NO.282 010
ARTICLE 12
AMENDMENTS
12.1) Amendments - This Agreement may be amended by a vote of two-thirds (2/3)of the
number of Parties at any meeting of the Board, provided that such purpose is stated
in the notice of the meeting and the proposed amendment is provided in writing to
all Board Members at least seven(7)days in advance of the meeting.
ARTICLE 13.
DISSOLUTION
13.1) Duration of Association -The Association shall be dissolved if less than two (2)
Parties remain, or by operation of state or federal law or regulation, now or
hereafter enacted, or by mutual signed agreement of all of the Parties.
13.2) Distribution of Assets - Upon dissolution of the Association, all remaining
assets of the Association, after payment of all obligations, shall be
distributed among the Parties that are Parties to the Agreement at
the time of dissolution, in proportion to their contributions and in
accordance with procedures established by the Association. The
Association shall continue to exist after dissolution for such period, no
longer than six(6)months, as is necessary to wind up its affairs, but
for no other purposes.
IN WITNESS WHEREOF, The municipality of has
caused the Agreement to be signed on its behalf this day of , 18
By:
By:
1.MN:Imel670_1.W814
8
s
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Bruce Loney, Public Works Director a
SUBJECT: Stormwater Drainage Utility Billing Policy
on Duplexes
DATE: September 28, 1995
COUNCIL MEETING DATE: October 3, 1995
INTRODUCTION:
Attached to this memo is a letter from Mark & Janice Esch objecting to the City's
stormwater drainage fee on their duplex located at 954 - 946 Ramsey Street. The Esch's
are asking for a recalculation of their fee based on Subdivision 7 of Chapter 3, Section
3.42 entitled Stormwater Drainage Utility.
BACKGROUND:
The City of Shakopee converted to a new billing procedure utilizing the billings done by
Shakopee Public Utilities in order to cut cost and eliminate duplicate billings of City
services. Attached is a memo from Gregg Voxland, Finance Director, on the Storm
Drainage Billing Policy dated December 2, 1994. With this billing conversion, a policy
was prepared and adopted by City Council in regard to certain property users and how the
bills were to be calculated for various properties such as residential, townhomes,
apartments, etc.
The policy recommended that twin homes or duplexes get billed the same as a single
family house and each unit was billed at the single family Residential Equivalent Factor
(REF). The stormwater drainage billing rate for an REF of 1 acre is billed quarterly and
is at $18.18 per quarter. A single family resident is given a billing factor of.33 acres or
$6.00 per quarter.
Attached also to this memo is Ordinance No. 176 which adopted the stormwater drainage
utility and in this ordinance under Subd. 3, single family dwellings, duplex parcels and
improved agriculture parcels are to be considered to be 1/3 acre and an REF of 1. The
policy that was adopted on December 2, 1994, for the billing conversion to Shakopee
Public Utilities and the ordinance adopted on August 8, 1985 are in conflict with each
other in regard to duplex parcels.
The purpose of this agenda item is to clarify the City Council's position on whether to
bill duplexes as per the ordinance or as per the adopted billing policy of last year. Staff
believes that an inadvertent error was made during the billing conversion that differs from
the adopted ordinance and that the ordinance should prevail in this matter. If Council
agrees with staff in this matter, the billing factor should be changed for a duplex to bill
each unit at 1/2 of the single family. Staff would also recommend that if Council upholds
the existing ordinance for billing purposes for duplexes that the billings be adjusted to all
duplexes in the City of Shakopee in this matter.
Another question for Council is whether to make adjustments of the storm water drainage
fees retroactive to a certain date. Per the City's adopted ordinance, any adjustment of
storm water drainage from a hydrologic data response which differs from the standard
will not be made retroactive. The fee charge for a duplex started on January 1, 1995 with
the SPUC billing conversion.
Another issue with the billing policy and adopted ordinance is with apartments. Previous
billings went to the property owner of the parcel for apartments and was based upon the
acreage of the site as per the ordinance. The billing policy of December 2, 1994 billed
each apartment unit at a factor of.17 or one-half of a single family resident fee. In order
to be consistent with the ordinances, a cost per apartment unit should be calculated based
on the parcel size and impervious percentage as per the ordinance. Engineering staff can
determine the factor for each apartment complex by evaluating each multi residential
parcel area and number of units. This method is preferred by the City Attorney as the fee
is based upon the site's drainage.
In some cases, the calculated fee for apartments may be higher than the standard .17
factor currently being used and other cases lower. The major difference will be the
allowable units per acre based on the zoning criteria.
If Council elects to revise the billing to more correctly match the ordinance, staff would
recommend that any adjustment of storm water drainage fees not be made retroactive due
to the turnover of tenants that occurs with rental property.
ALTERNATIVES:
1. Direct staff to bill the stormwater drainage fee for duplexes as per the ordinance.
2. Direct staff to bill the stormwater drainage fee for duplexes as per the December
2, 1994 policy and amend the ordinance.
3. Move the adjustment of stormwater drainage fees not to be retroactive.
4. Move the adjustment of stormwater drainage fees to be retroactive to January 1,
1995.
5. Direct staff to revise the billings for apartment units based on the parcel's acreage
and land use density as per the ordinance.
6. Direct staff to revise the ordinance to bill apartment units as per the December 2,
1994 policy.
RECOMMENDATION:
Staff recommends Alternative No.'s 1, 3 and 5 so that the stormwater billings will match
the ordinance for duplexes and apartments. Staff is recommending that adjustments of
storm water drainage fees not be made retroactive due to the amount of staff time in
locating the duplex or apartment renters and as per the ordinance.
ACTION REQUESTED:
1. Direct staff to bill the stormwater drainage fee for duplexes as per the ordinance.
2. Move the adjustment of stormwater drainage fees not to be retroactive.
3. Direct staff to revise the billings for apartment units based on the parcel's acreage
and land use density as per the ordinance.
BL/pmp
DUPLEXES
MARK & JANICE ESCH
954 Ramsey Street
Shakopee, MN 55379
C/4,
D
July 17, 1995 10 ' Op
City Engineer1 8 , FF
Shakopee City Hall 4C t 994.5.
129 Holmes Street South
Shakopee, NET 55379
Re: Municipal Storm Water Drainage Fee
In accord with City Ordinance No. 176, Code Chapter 3, Section I, Subd. 7, we are
objecting to the city's duplicate fee we have paid the past three years for storm drainage
fees.
Janice and I purchased a duplex in 1993 at 954-946 Ramsey Street. We converted the
property to homesteaded property immediately upon possession and occupy 954. Janice's
sister and her son occupy 946.
•
As owners of the 1900 sq. ft. home, we are solely responsible for all utilities. 946 has the
only water service and sewer outlet. We have two electric meters for maintenance
purposes because the house was wired as two separate units. We asked the city for one
billing, but their accounting system is not capable of combining two meters on one
statement. Accordingly, we feel this is the sole reason we are paying two storm drainage
fees.
Our home falls within the 1.A classification for storm water drainage fees. After
comparing our property to others around the city, we feel we are paying more than our fair
share. As a family, we have decided to maximize our resources and economize by living
under one roof. Our home is not any different from our next door neighbors'who have
four family members living under one roof also.
We don't feel our family's living arrangement has anything to do with anticipated relative
contribution to runoff, hydrologic characteristics, or is a burden to the City's resources.
Janice and I are petitioning the City of Shakopee to change one fee and not two on our
home.
Your attention to this matter is appreciated.
Sincerely,
ONSENT
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Sturm I)rniiinl;o I%I 11IngS Volley
DATE: December 2. 1994
Introduction
Attached for Council review is a billing policy for storm drainage billing as
part of the conversion to having the billing done by SPUC.
Background
Finance staff has been working hard on the conversion from the LOGIS billing to
the SPDC billinp, for storm drainage. The bulk of the accounts ere reedy for
conversion. 'Tore remain n few issues of how to handle certain types of accounts
and for Eni;iisoeriup, to convert/consolidate certain accounts .
Finance, Enp,lneering, Building and Administration met to discuss some of the
specialsituations involved and the attached billing policy is a result of the
consensus of that meeting.
Council attention is directed to the treatment of 'apartments (no. 9) and
commercial tenants (no. 14) . It is proposed that the City bill individual
apartments instead of house accounts for apartment buildings. For multiple
tennant commercial accounts where there is no house or water meter account, we
would be asking SPDC to set up a new separate account to bill storm drainage to
the owner.
As the schedule stands, staff will forward information to SPUC to start loading
data for the conversion on 12/5/94.
Alternatives
Direct staff to modify provisions with which Council does not agree.
Action Requested
Move to approve the storm drainage billing policy dated 12/2/94.
31
City of Shakopee
Storm Drainage Billing Policy -
Conversion to SPUC
December 2, 1994
1. Billing to utility account holder instead of owner except where there is
a commercial account with no water service (see no. 14) .
2. Quarterly billing.
3. City Engineering Department determines billing factor.
4. City Engineering Department can grant credits to large account for
detention ponds, etc.
5. No proration - new user gets bill , outgoing user does not.
6. Delinquent hills may he removed from SPU(: accounts and certified to taxes
once a year.
1 . Residential account is a billing multiplier of . 33, separate account for
a detached building does not get billed.
8. Twin Home, Townhouse get billed same as a single family house.
9. Apartments
one story, bill each unit as townhouse at .33
two story and up, bill each unit at factor of . 17
apartment within a house, bill at factor of . 17
apartment above a business - bill at factor of .17
10. Parking lots for a business are combined with business account.
11. Vacant lots without hard cover are not billed.
12. Separate accounts for one business (or main account) such as security
light or separate water meter for sprinkling are not billed.
13. Commercial account - full billing to main or house account.
144 . Multiple tenant commercial building - billing to house or water meter
account. If no house account create one and bill to owner.
§ 3.42
with the Design Criteria and Standard Specifications, but this shall not place a continuing burden
on the City to inspect or supervise such work. (Ord. 136, October 27, 1983)
SEC. 3.42. STORM WATER DRAINAGE UTILITY.
Subd. 1. Storm Water Drainage Utility Established. The municipal storm sewer system shall
be operated as a public utility pursuant to Minnesota Statutes, Section 444.075 from which
revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. The
storm sewer drainage utility will be part of the Engineering Department and under the
administration of the City Engineer.
Subd. 2. Residential Equivalent Factor (REF) Defined. "Residential Equivalent Factor' (REF)
- One (1) REF is defined as the ratio of the average volume of runoff generated by one (1) acre
of a given land use to the average volume of runoff generated by one (1) acre of typical single
family residential land, during a standard one (1) year rainfall event.
Subd. 3. Storm Water Drainage Fees. Storm water drainage fees for parcels of land shall be
determined by multiplying the REF for a parcel's land use by the parcel's acreage and then
multiplying the resulting product by the storm water drainage rate. The REF values for various
land uses are as follows:
CLASSIFICATION REF LAND USES
1.A. 1.00 Residential, low density (1 and 2 family) less
than 35% impervious
1.B. 2.00 Residential, medium density (3 to 6 family) 36%
to 60% impervious
1.C. 4.00 Residential, high density (7 or more family) 61%
to 100% impervious
2.A. 1.25 Commercial, Industrial and Institutional, low
density less than 35% impervious
2.B. 2.50 Commercial, Industrial and Institutional, medium
density 36% to 60% impervious
2.C. 5.00 Commercial, Industrial, and Institutional, high
density 61% to 100% impervious
3. As assigned Improved vacant and parks
For the purpose of calculating storm water drainage fees, all developed one family and duplex
parcels and improved agricultural parcels shall be considered to have an acreage of one-third (1/3)
acre and an REF of 1.00.
Subd. 4. Credits. The Council may adopt policies recommended by the City Engineer, by
resolution, for adjustment of the storm water drainage fee for parcels based upon hydrologic data
to be supplied by property owners, which data demonstrates a hydrologic response substantially
pipe revised in 1995
237
§ 3.42
different from the standards. Such adjustments of storm water drainage fees shall not be made
retroactively.
Subd. 5. Exemptions. The following land uses are exempt from storm water drainage fees.
A. Public rights-of-way.
B. Vacant,unimproved land with ground cover,including unimproved agricultural land
with ground cover.
C. Cemetery lands.
Subd. 6. Payment of Fee. Policy governing the payment of fees shall be specified by resolution.
Subd. 7. Recalculation of Fee. If a property owner or person responsible for paying the storm
water drainage fee questions the correctness of an invoice for such charge, such person may have
the determination of the charge recomputed by written request to the City Engineer made within
twelve (12) months of mailing of the invoice in question by the City. The property owner may
appeal the decision of the City Engineer to the Council by filing notice of said appeal with the City
Administrator within sixty (60) days of the City Engineer's decision.
Subd. 8. Penalty for Late Payment. Penalty for late payment shall be contained in the policy
established for payment of fees.
Subd. 9. Certification of Past Due Fees on Taxes. Any past due storm water drainage fees
in excess of ninety (90) days past due on October 1st of any year may be certified to the County
Auditor for collection with real estate taxes in the following year pursuant to Minnesota Statutes,
Section 444.075, Subdivision 3. In addition, the City shall also have the right to bring a civil action
or to take other legal remedies to collect unpaid fees. (Ord. 176, August 8, 1985, Ord. 240,
February 26, 1988)
SECTIONS 3.43 - 3.98. Reserved.
SEC. 3.99. VIOLATION A MISDEMEANOR.
Every person violates a section, subdivision, paragraph or provision of this Chapter when the
person performs an act thereby prohibited or declared unlawful, or fails to act when such failure
is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for
a misdemeanor except as otherwise stated in specific provisions hereof. (Ord. 1, April 1, 1978;
Ord. 337, July 23, 1992)
(The next page is 301.)
papa revised in 1995
238
13c „.,
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Bruce Loney, Public Works Director el.
SUBJECT: Stormwater Drainage Fees on
Institutional Property
DATE: October 2, 1995
COUNCIL MEETING DATE: October 3, 1995
INTRODUCTION:
Attached to this memo is a letter from the Cross of Peace Church Council in regard to the
storm drainage bill for their church located at 1506 Wood Duck Trail off of Marschall
Road near County Road(C.R.)42. The church is contending that their bill is too high for
their property and is requesting relief from the City Council.
BACKGROUND:
The stormwater drainage utility was adopted by the City Council of Shakopee of August
8, 1985 by Ordinance No. 176. Under this ordinance, stormwater drainage fees for
parcels were determined by multiplying the Residential Equivalent Factor (REF) for the
parcel's land use by the parcel's acreage and then multiplying the resulting product by the
stormwater drainage rate. For institutional property, such as the Cross of Peace Church,
the REF as determined by the ordinance is for a commercial low density usage. The
Cross of Peach Church's property parcel is approximately seven acres in size and the fee
of$664.00 per year is based on the that acreage and the REF for commercial low density.
In the ordinance, institutional property was bracketed in with commercial and industrial
parcels.
The City Council has adopted policies for adjustments for the stormwater drainage fee if
the unit runoff differs from the standard by 20% or more, then the adjustment for the
parcel would be the ratio of the actual unit runoff to the standard unit runoff and the fees
adjusted accordingly. This information is to be provided by the property owner, which
would be reviewed by the Engineering Department for possible adjustment of the fees.
The required information by the property owner needs to be: a) A complete site plan.
b) Site plan and percentage of improved surfaces.
If the unit runoff is determined to be less than the standard assigned amount of the land
use category, the parcel's drainage fee would be adjusted to reflect the actual runoff. In
the ordinance, such adjustments of stormwater drainage fees are not made retroactive to a
certain date, but to whenever the adjustment determination is made.
City staff did receive this letter on August 15, 1995 and was inadvertently omitted from
the Council agenda for discussion purposes on the October 3, 1995 meeting. Stormwater
drainage utility billing policy on duplexes will be discussed at the October 3, 1995
meeting, thus staff would like to include this letter from the Cross of Peace Church on
their stormwater drainage fee as well. Other credits which can be obtained from the
stormwater drainage fee is the rate of discharge is held to predevelopment rates by onsite
facilities owned and maintained by the property owner and also for water quality credits
if the parcel provides onsite treatment facilities to improve the quality of runoff existing
on the site. On the Cross of Peace Church's site, these facilities do not exist for those
credits.
The Cross of Peace Church parcel is approximately 255 feet in width by 1,225 feet in
length and is located off of Wood Duck Trail east of (C..R.) 17. The church grounds and
adjacent parking lot comprises of approximately an estimated one acre of land near C.R.
17. The rest of the acreage is leased out for hay crop purposes to adjacent farmers.
Another option for the Cross of Peace Church is to sell the excessive acreage to adjacent
property owners which would in effect reduce the stormwater drainage fee.
Staff has included in the Council packet in the non-agenda information a memorandum
regarding Stormwater Drainage Utility Policy and administrative purposes. This policy
was in regard to improved agriculture parcels which have a commercial business located
on those parcels. In this administrative amendment, staff is proposing to determine the
fee for those parcels by calculating the fee on the commercial acreage of the parcel and an
improved agriculture fee for the remainder of the parcel. Staff had included in this
administrative amendment a criteria in which the parcel must be ten acres or larger to
qualify for this adjustment in their stormwater drainage fee. The reason for the ten acre
or larger requirement in the administrative amendment is to prevent a large number of
administrative adjustment review of parcels applying for credits and thus taking up an
extraordinary amount of staff to time to administer and also most improved agriculture
parcels are greater than ten acres.
ALTERNATIVES:
1. Direct staff to respond to the letter from Cross of Peace Church and inform them
of the storm drainage credits that are available per City Policy for adjustments of
storm drainage fees.
2. Direct staff to develop a new policy for institutional parcels with acreages of
improved agriculture based on Council direction.
3. Table for more information.
RECOMMENDATION:
Staff recommends that a letter be written to Cross of Peace Church to inform them of the
land use intensity credits for possible adjustments of their stormwater drainage fees as per
the existing policy. The City of Shakopee does have several churches in the community
and all the churches are classified institutional and are given a commercial, industrial and
institutional stormwater drainage rate which is also based on the acreage that those
parcels are on. One option for the Cross of Peace Church to reduce its stormwater
drainage fee is to sell excess property.
ACTION REQUESTED:
Staff recommends Alternatives No. 1, to direct staff to respond to the letter from Cross of
Peace Church and inform them of the storm drainage credits that are available per City
Policy for adjustments for storm drainage fees.
BL/pmp
CHURCH
106
a"
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City Council
City of Shakopee
Shakopee, Minnesota
August 14, 1995
Subject - Storm Drainage Tax
Dear Council Members,
I represent the church council for Cross of Peace Lutheran Church.
We are located at 1506 Wood Duck Trail (South on Marshall Road near
Highway 42) .
In 1993 , Cross of Peace built a new building on 7 acres of land.
The storm drainage bill for 1994 was $376 per year and has
increased to $664 per year in 1995. We find these taxes to be
extremely high and ask for relief. I understand that if the church
building were a single-family residence the storm drainage bill
would be approximately $25 per year.
As a church, we are not a commercial enterprize and we do no
operate to make a profit. We have limited resources and operate on
a modest budget, yet we provide a valuable service to the community
and open our doors to community groups and other worthy causes.
The council of Cross of Peace feels that the storm drainage taxes
are excessive and unfair. Your consideration of this inequitable
assessment is appreciated.
Sincerely,
Scott Duffney
/ /
Cross of Peace Church Council
Cross of Peace Lutheran Church
1506 Wood Duck Trail
Shakopee, MN 55379
4 13h
CONSENT
Attached is a print out showing the division budget status for
1995 based on data entered as of 9/28/95 . Legal is running ahead
of budget due to the BIA issue.
i
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
09/29/95
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
00 N/A 0 830 0 0
11 MAYOR & COUNCIL 69,450 13,884 49,619 71
12 CITY ADMINISTRATOR 224,985 16,929 134,578 60
13 CITY CLERK 122,470 11,009 88,884 73
15 FINANCE 303,390 18,380 225,675 74
16 LEGAL COUNSEL 212,090 18,788 175,719 83
17 PLANNING 464,430 35,271 279,604 60
18 GENERAL GOVERNMENT BUILDINGS 148,120 15,117 96,763 65
31 POLICE 1,495,760 117,135 1,055,196 71
32 FIRE 410,240 5,296 198,815 48
33 INSPECTION-BLDG-PLMBG-HTG 197,780 16,111 135,039 68
41 ENGINEERING 357,100 27,277 237,817 67
42 STREET MAINTENANCE 784,180 38,914 365,522 47
44 SHOP 112,120 7,917 71,452 64
46 PARK MAINTENANCE 292,420 22,673 204,866 70
61 POOL 136,580 4,798 85,857 63
64 RECREATION 239,580 15,019 174,071 73
91 UNALLOCATED 128,270 3,173 26,064 20
TOTAL GENERAL FUND 5,698,965 388,521 3,605,541 63
17 PLANNING 467,160 24,249 233,550 50
TOTAL TRANSIT 467,160 24,249 233,550 50
19 EDA 119,080 5,758 58,608 49
TOTAL EDA 119,080 5,758 58,608 49
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CONSENT /34*
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Fuel Leak
DATE: September 29, 1995
Introduction
Council authorization for further work and expenditures on the
correction of the fuel leak at Public Works is requested.
Background
The amount of free floating gasoline being recovered from 2 of the 4
existing monitoring wells is decreasing. The MPCA is concerned about
how far laterally the contamination has spread. They do not want the
city to drill a deeper well at the tank basin to further explore
vertical migration at this time. The risk is breaking through a barrier
and contaminating a deeper aquifer.
The consultant retained by the city recommends that two more monitoring
wells be installed further north and north east of the tank basin. The
MPCA concurs with the recommendation. One of the wells would be on the
east side of and very close to the SPUC building. Staff is coordinating
with SPUC staff.
The cost to install two more wells including the remaining cost to
complete the work already in progress is estimated (best case estimate)
to be about $32,000. The city has paid out $17,877.40 to date.
Expenditure maximum (cumulative) authorized previously by Council is
$30,000.
Funding is from General Fund Contingency.
Action Requested
Move to authorize proceeding with installing monitoring wells 5 and 6
for the fuel leak at the Public Works facility with cumulative costs for
the project authorized up to $36,000.
fuel2
jai t
/3
MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Funding of Senior Nutrition Space at 200 Levee Drive
DATE: September 27, 1995
INTRODUCTION:
The contract between the City and 200 Levee Drive Associates provides for the City to
lease approximately 2,300 sq. ft. of area in the 200 Levee Drive building for a senior
nutrition program. In the past, the lease provided for the space to be rented for a$1.00 a
year. The City Council now must decide whether to lease the space for the next five
years for an amount equal to 70%of the fair market value of the space in this facility.
This lease will begin with calendar year 1996, if the City Council decides to exercise its
option.
BACKGROUND:
When the 200 Levee Drive senior high-rise facility was constructed,the Shakopee
Housing and Redevelopment Authority provided assistance to the project in the form of
land write down. It is my understanding also that utilities were brought to the site. As
some Councilmembers maybe aware, the limestone bedrock is very close to the surface at
this location and a considerable amount of blasting of bedrock occurred in order to bring
in utilities.
This item was brought to the City Council earlier this summer and the Council directed
the City Administrator to negotiate with Mr. John Bergstad of 200 Levee Drive
Associates for rental of this facility. Mr. Bergstad has indicated that he is of the opinion
that the fair market value for rental residential property in Shakopee is $7.00 to $11.00
per sq. ft. Mr. Bergstad is willing to assume that for purposes of this contract the rental
amount would be $7.00 per sq. ft.per year. After doing some research on the subject the
staff is of the opinion that$7.00 per sq. ft. is a reasonable rental rate for property such as
that contained in 200 Levee Drive Associates.
The 1979 contract also stipulates that if the City chooses to rent this space they will have
to pay 70%of the fair market rental or$4.90 per sq. ft. The area subject to this provision
consists of 2,343 sq. ft. on the first floor of the 200 Levee Drive building. If the City
Council decides to rent this space the total annual rent would be $11,480.70.
The space in the building clearly provides a service to senior citizen residents of
Shakopee,with those living in the facility probably receiving the greatest benefit. The
location of the facility in this building is obviously of benefit to Mr. Bergstad as well in
that he can advertise and market his project with the provision that a senior nutrition
program is provided on site. The senior nutrition program is run by the Scott Carver
Dakota Community Action Program.
ALTERNATIVES:
1. Enter into an agreement with Mr. Bergstad for$11,480.70 for 1996 and direct the
staff to include this amount in the 1996 Budget in Senior Center Account.
2. Do not enter into an agreement with Mr. Bergstad but rather direct the staff to find
space in another facility as such space exists.
3. Cease to provide space for a Senior Nutrition Program within the City of
Shakopee.
RECOMMENDATION:
It is recommended that the City Council direct the staff to enter into an agreement with
Mr. John Bergstad in the amount of$11,480.70 for 1996 and that the staff be further
directed to enter into a contract with Mr. Bergstad for a five year period beginning in
1996 and ending the year 2001 as provided for under the original contract entered into
between the City and 200 Levee Drive Associates in 1979.
ACTION REQUESTED:
Move to direct the staff to enter into the agreement with 200 Levee Drive Associates in
the amount of$11,480.70 for calendar year 1996, and further move that the staff
be directed to prepare a five year contract for rental of this space between the City of
Shakopee and 200 Levee Drive Associates for the time period 1996 through 2001.
,'ONS'
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Changing November 7th Meeting Date
DATE: September 28, 1995
INTRODUCTION AND BACKGROUND:
When the City Council adopted the resolution calling for a
special election to fill the vacancy on the City Council, they
decided to change the November 7th meeting date to November 8th at
which time they will also canvass the votes from the City election
on November 7th. The attached resolution formally changes the
regular meeting date, as required by the City Code.
RECOMMENDED ACTION:
Offer Resolution No. 4299, A Resolution Changing The November
7, 1995 Council Meeting Date, and move its adoption.
RESOLUTION NO. 4299
A RESOLUTION CHANGING THE NOVEMBER 7, 1995
COUNCIL MEETING DATE
WHEREAS, the Shakopee City Code has set the first Tuesday of each month as
the regular meeting date for the City Council; and
WHEREAS, the Shakopee City Code allows the City Council to change the
meeting date by adopting a resolution at least one week prior to the regularly scheduled
meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, that the November 7, 1995 regularly scheduled
City Council meeting be changed to November 8, 1995 at 7:00 p.m.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota, held this 3rd day of October, 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
k),
CONSENT
MEMO, TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Appointment of Election Judges
DATE: September 29, 1995
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 7th City
Elections. 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.4300, A Resolution Appointing Judges of
Election and Establishing Compensation, and move its adoption.
RESOLUTION NO. 4300
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 7, 1995 City Elections 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
Ruth O'Reilley Claude Kolb
Vella Gould Irene Bursev
SECOND PRECINCT:
Regular Judges Bob Neiters Marcy Schmidt . Chair
Ethel Schneider Susan Stolarcek
THIRD PRECINCT:
Regular Judges Laura Olson Maetta Jurewicz. Chair
Joe Schleper Char Steininger
Claudia Meyer
Darlene Meuissen
FOURTH PRECINCT
AND SIXTH PRECINCT:
Regular Judges Lillian Weinandt, Chair Marge Bischoff
Edna Wangerin Muriel Koskovich
Pat Clemens
FIFTH PRECINCT:
Regular Judges Joan Hart Carol Link
Virgilla Geske, Chair Thea May
2 . The Election Judges shall be compensated for their work
at the rate of $5 . 00 per hour and the Chairperson of the Election
Judges shall be compensated at the rate of $5 . 50 per hour.
3 . The proper officials be and hereby are authorized and
directed to do and perform all acts necessary to carry out the
terms, intents, and purposes of this Resolution.
Adopted in adjourned regular session of the City Council of
the City of Shakopee, Minnesota, held this 3rd day of October,
1995 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
iycl
MEMO TO: Dennis R. Kraft, City Administrator
O
FROM: David M.Nummer, Staff Engineer Y Mt-)
SUBJECT: St. Francis Sanitary Sewer and Water Improvements, Project No. 1995-2
DATE: October 3, 1995
COUNCIL MEETING DATE: October 3, 1995
INTRODUCTION:
Attached is Resolution No. 4304, a resolution accepting bids and awarding the contract for the
St. Francis Sanitary Sewer and Watermain Improvements, Project 1995-2.
BACKGROUND:
On September 5, 1995,the City Council of the City of Shakopee approved the plans and
specifications and ordered the advertisement for bids for the St. Francis Sanitary Sewer and
Watermain Project. Bids were publicly opened on October 3, 1995,with a total of six bidders.
The low bidder was Minger Construction of Chanhassen MN with a total bid of$268,607.00.
The bids ranged from $268,607.00 to $399,130.84. The feasibility report estimated $107,420.00
for the sanitary sewer and$196,000.00 for the watermain, for a total construction cost of
$303,420.00.
Staff has reviewed the bids for accuracy, and feels that the low bidder is capable of constructing
the project according to the plans and specifications.
ALTERNATIVES:
1. Adopt Resolution No. 4304, and award the contract to the low bidder.
2. Amend Resolution No. 4304, and award the contract to another bidder.
3. Reject all bids and rebid.
RECOMMENDATION:
Staff recommends Alternative No. 1,to award the contract to the low bidder.
c:\dos\cctemp2.doc
ACTION REQUESTED:
1. Offer Resolution No. 4304, A Resolution Accepting Bids on the St. Francis Regional
Medical Center Sanitary Sewer and Watermain Improvements, Project No. 1995-2 and move
its adoption.
2. Authorize a contingency equal to 10%of the contract price for use by the City Engineer in
approving change orders and quantity changes.
c:\dos\cctemp2.doc
RESOLUTION NO. 4304
A Resolution Accepting Bids On
The St. Francis Regional Medical Center
Sanitary Sewer and Watermain Improvements
Project No. 1995-2
WHEREAS, pursuant to an advertisement for bids for the St. Francis Regional Medical
Center Sanitary Sewer and Watermain Improvements, bids were received, opened and tabulated
according to law,and the following bids were received complying with the advertisement:
Minger Construction $268,607.00
Richard Knutson,Inc. $287,355.24
Ames Construction $308,416.20
Barbarossa& Sons $326,538.75
S.M. Hentges& Sons $357,500.00
Northdale Construction $399,130.84
AND WHEREAS, it appears that Minger Construction, Inc., P.O. Box 236, Chanhassen,
MN 55317 is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA:
to enter into a
are hereby 1. The appropriate City officials authorized and directed
contract with Minger Construction, Inc. in the name of the City of Shakopee for installation of
sanitary sewer to the St. Francis Regional Medical Center site and installation of trunk watermain
from Vierling Drive south to the proposed St. Francis Regional Medical Center according to the
plans and specifications therefore approved by the City Council and on file in the office of the City
Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders
the deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,held this day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
P/v
MEMO TO: Dennis R. Kraft, City Administrator
FROM: David M. Nummer, Staff Engineer 1714tj
SUBJECT: River District Trunk Sewer Rehabilitation, Project No. 1995-9
DATE: October 3, 1995
COUNCIL MEETING DATE: October 3, 1995
INTRODUCTION:
Attached is Resolution No. 4305, a resolution accepting bids and awarding the contract for the
River District Trunk Sewer Rehabilitation, Project No. 1995-9.
BACKGROUND:
On September 5, 1995,the City Council of the City of Shakopee approved the plans and
specifications, and ordered the advertisement for bids for the River District Trunk Sewer
Rehabilitation. On October 3, 1995,bids were publicly opened, with a total of two bids received.
The low bidder was Barbarossa& Sons of Osseo MN with a bid of 31,385.00. The engineer's
estimate for this project was $60,000.00.
Staff has reviewed the bids for accuracy, and feels that the low bidder is capable of constructing
the project in accordance with the plans and specifications.
ALTERNATIVES:
1. Adopt Resolution No. 4305, and award the contract to the low bidder.
2. Amend Resolution No. 4305, and award the contract to another bidder.
3. Reject all bids and rebid.
RECOMMENDATION:
Staff recommends Alternative No. 1,to award the contract to the low bidder.
c:\dos\cctemp2.doc
ACTION REQUESTED:
1. Offer Resolution No. 4305, A Resolution Accepting Bids on the River District Trunk Sewer
Rehabilitation,Project No. 1995-9 and move its adoption.
2. Authorize a contingency equal to 20%of the contract price for use by the City Engineer in
approving change orders and quantity changes.
c:\dos\cctemp2.doc
RESOLUTION NO. 4305
A Resolution Accepting Bids On
The River District Trunk Sewer Rehabilitation
Project No. 1995-9
WHEREAS, pursuant to an advertisement for bids for the River District Trunk Sewer
Rehabiliation Project,bids were received,opened and tabulated according to law, and the following
bids were received complying with the advertisement:
Barbarossa& Sons,Inc. $31,385.00
H& W Contracting $51,170.00
AND WHEREAS, it appears that Barbarossa & Sons, Inc., P.O. Box 367, Osseo, MN
55369 is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,M NNESOTA:
1. The appropriate City officials are hereby authorized and directed to enter into a
contract with Barbarossa& Sons,Inc. in the name of the City of Shakopee for the rehabilitation of
manholes along the River District Trunk Sewer according to the plans and specifications therefore
approved by the City Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders
the deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,held this day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
CONSENT /y
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Apportionment of Special Assessments for
The Meadows West 2nd Addition
DATE: September 28, 1995
INTRODUCTION AND BACKGROUND:
Attached is Resolution No. 4309 for Council consideration.
The resolution apportions the existing special assessments against
the new parcels created as a result of the platting of The Meadows
West 2nd Addition.
The developer agreed to the engineer's apportionment in the
developers agreement for this subdivision.
RECOMMENDED ACTION:
Offer Resolution No. 4309, A Resolution Apportioning
Assessments Among New Parcels Created As A Result Of The Platting
Of The Meadows West 2nd Addition, and move its adoption.
RESOLUTION NO. 4309
A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW
PARCELS CREATED AS A RESULT OF THE PLATTING OF
THE MEADOWS WEST 2nd ADDITION
WHEREAS, on September 20, 1988, Resolution No. 2946 adopted by
the City Council levied assessments against properties benefited by
construction of the Valley Industrial Park Sewer Extension from the
West side of County Road 17 to the East side of County Road 79,
Project No. 1987-13; and
WHEREAS, on December 20, 1994, Resolution No. 4145 adopted by
the City Council apportioned the installments remaining unpaid
against the parcels created because of the platting of The Meadows
West 1st Addition; and
WHEREAS, on June 6, 1995, Resolution No. 4223 adopted by the
City Council levied assessments against properties benefited by
construction of the V.I.P. Interceptor Extension from County Road
79 to the west corporate limits, Project No. 1992-9; and
WHEREAS, Outlots B and C of The Meadows West 1st Addition have
been subdivided into the plat of The Meadows West 2nd Addition; and
WHEREAS, it is the desire of the City Council to apportion the
installments remaining unpaid against Outlots B and C, The Meadows
West 1st Addition because of the platting of The Meadows West 2nd
Addition; and
WHEREAS, the property owner has agreed to the apportionment
through the execution of a developers agreement for The Meadows
West 2nd Addition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA that the 1995 payable remaining balance of
assessments to parcel 27-192073-0 ($3,290.41 for the 1987-13
V.I.P. Sanitary Sewer Extension and $7,842.08 for the 1992-9 V.I.P.
Sanitary Sewer Extension) , and to parcel 27-192074-0 ($2,838. 64 for
the 1987-13 V.I.P. Sanitary Sewer Extension and $6,764 .90 for the
1992-9 V.I.P. Sanitary Sewer Extension) are hereby apportioned as
outlined in Exhibit "A" attached hereto and made a part hereof.
BE IT FURTHER RESOLVED, that all other parts of Resolution
Numbers 2946, 4145, and 4223 shall continue in effect.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day of
, 1995.
, Mayor
Resolution No. 4309
Page -2-
, City Clerk
Approved as to form , City Attorney
h\judy\appmeawe.2
EXHIBIT A
Assessment Reapportionment for Meadows West 2nd Addition
August 2, 1995 Revised 8/21/95
P.I.D.NO. OWNER LEGAL 1987-13 1992-9
DESCRIPTION ASSESSMENT ASSESSMENT
27-203001-0 GOLD NUGGET DEV. LOT 1 BLOCK 1 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203002-0 GOLD NUGGET DEV. LOT 2 BLOCK 1 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203003-0 GOLD NUGGET DEV. LOT 1 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203004-0 GOLD NUGGET DEV. LOT 2 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203005-0 GOLD NUGGET DEV. LOT 3 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203006-0 GOLD NUGGET DEV. LOT 4 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203007-0 GOLD NUGGET DEV. LOT 5 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203008-0 GOLD NUGGET DEV. LOT 6 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203009-0 GOLD NUGGET DEV. LOT 7 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203010-0 GOLD NUGGET DEV. LOT 8 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203011-0 GOLD NUGGET DEV. LOT 9 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203012-0 GOLD NUGGET DEV. LOT 10 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203013-0 GOLD NUGGET DEV. LOT 11 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203014-0 GOLD NUGGET DEV. LOT 12 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203015-0 GOLD NUGGET DEV. LOT 13 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203016-0 GOLD NUGGET DEV. LOT 14 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203017-0 GOLD NUGGET DEV. LOT 15 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203018-0 GOLD NUGGET DEV. LOT 16 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
EXHIBIT A
Assessment Reapportionment for Meadows West 2nd Addition
August 2, 1995 Revised 8/21/95
P.I.D. NO. OWNER LEGAL 1987-13 1992-9
DESCRIPTION ASSESSMENT ASSESSMENT
27-203019-0 GOLD NUGGET DEV. LOT 17 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203020-0 GOLD NUGGET DEV. LOT 18 BLOCK 2 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203021-0 GOLD NUGGET DEV. LOT 1 BLOCK 3 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203022-0 GOLD NUGGET DEV. LOT 2 BLOCK 3 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203023-0 GOLD NUGGET DEV. LOT 3 BLOCK 3 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203024-0 GOLD NUGGET DEV. LOT 4 BLOCK 3 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
_BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203025-0 GOLD NUGGET DEV. LOT 5 BLOCK 3 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203026-0 GOLD NUGGET DEV. LOT 6 BLOCK 3 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203027-0 GOLD NUGGET DEV. LOT 7 BLOCK 3 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203028-0 GOLD NUGGET DEV. LOT 8 BLOCK 3 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203029-0 GOLD NUGGET DEV. LOT 9 BLOCK 3 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203030-0 GOLD NUGGET DEV. LOT 10 BLOCK 3 $106.14 $252.97
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203031-0 GOLD NUGGET DEV. LOT 11 BLOCK 3 $106.21 $252.98
8857 ZEALAND AVE. NO. MEADOWS WEST
BROOKLYN PARK, MN. 55445 2ND ADDITION
27-203032-0 GOLD NUGGET DEV. OUTLOT A $2,838.64 , $6,764.90
18857 ZEALAND AVE. NO. MEADOWS WEST I
BROOKLYN PARK, MN. 55445 2ND ADDITION
TOTAL = $6,129.05 $14,606.98