HomeMy WebLinkAboutApril 08, 1980 r • y
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TENTATIVE AGENDA
ADJ.REG.SESSION SHAKOPEE, MINNESOTA APRIL 8, 1980
Mayor Harbeck presiding.
1] Roll Call at 7 :30 P.M.
. 2] Resolution No. 1597, Giving Preliminary Approval to $1,600,000 Industrial
Revenue Bonds — Progress Valley Park
3] Resolution No. 1598, Awarding Bids. for Macey 2nd Improvements and the 79-2
Fourth Avenue Watermain Improvement
4] Approve entering into a contract for Macey 2nd Addition fill
5] Improvement of Gorman Street /CR -16 — from 4th Avenue to the Easterly line
of Sec. 6 (site of Ueland Trucking) by watermain, san. sewer, roadway
a] Res. No. 1599, Ordering Preparation of Report
b] Res. No. 1600, Receiving Report and Calling Hearing
6] Improvement just East of Reformatory property from 3rd Avenue to 10th Avenue
by 12" Trunk Water Main
a] Res. No. 1601, Ordering Preparation of Report
b] Res. No. 1602, Receiving Report and Calling Hearing
7] Resolution No. 1589, Establishing A Policy for the City of Shakopee Concerning
City Plats Which Do Not Have Municipal Sewer and Water, tbld. 4/1/80
8] Approve probation increase for City employee
9] Discuss condemnation of abandoned railroad property
10] Other Business:
a]
b]
c]
11] Adjourn to Tuesday, April 15th at 7 :30 P.M.
Douglas S. Reeder
City Administrator
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MEMO TO: Mayor and City Council
FROM: ,Douglas S. Reeder, City Administrator
RE: Industrial Revenue Bonds for Progress Valley Park
DATE: April 3, 1980
I have attached to this memo a copy of the proposed resolution
for this project, a copy of the letter from Amfac Mortgage
indicating that the project is feasible, a letter from Springsted,
Inc., concerning the questions which they had, a letter from
the Dorsey Firm indicating that the project is in conformance
with State law and a copy of the memo which the Council had at
the last Council meeting along with the application for this
Industrial Revenue Bond issue.
• The questions raised in the Springsted letter have all been
complied with, with the exception of the last paragraph which
deals with the security of the mortgage financing and the review
of the lease documents to determine the sufficiency of revenues
to pay debt service. These matters are matters which should be
and have been considered by the mortgage company before they
determine the feasibility of the project.
The proposed resolution is in the same format as we normally
use for Industrial Rvenue Bonds. This matter is a tax exempt
mortgage where the City of Shakopee will not.at any time be
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the owners of the project. The Assistant City Attorney has
reviewed this resolution and will be available at the Council
meeting to answer any further questions which you may have.
DSR /jiw
Attachments
• cc: Rod Krass
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cri fac
MORTGAGE
CORPORATION
4940 VIKING DRIVE, SUITE 364, EDINA, MINNESOTA 55435 (612) 831 -1767
April 1, .1980
Mr. Doug Reeder
City Administrator
Shakopee City Hall
129 East First'Avenue
Shakopee, Minnesota 55379
Re: Progress Valley Park
Three proposed office /warehouse
buildings, Progress Valley
Park Phase II, Industrial Circle,
South Shakopee, Minnesota
Gentlemen:
Amfac Mortgage Corporation has been asked and is representing the partner-
ship known as Progress Valley Park to obtain a permanent letter of commitment
for the permanent financing of the above referenced project. Upon receipt
of an acceptable permanent take -out commitment, Amfac Mortgage Corporation
will obtain and provide the construction financing based on the terms of the
take -out commitment.
Amfac Mortgage Corporation has successfully obtained the financing under the
Industrial Revenue Bond requirements for tax exempt mortgages for the follow-
ing projects:
1. Birchwood Mall Shopping Center
Kingsford, Michigan
Shopping Center
Loan Amount: $2,050,000 - 8 -5/80
Lender: Roosevelt Federal Savings and Loan Association
2. Fair Mall Shopping Center
Fairmont, Minnesota
Shopping Center
Loan Amount: $1,800,000
Lender: Northwestern National Life Insurance Company
u ° a n fac
MORTGAGE
CORPORATION
Page 2
Mr. Doug Reeder
April 1, 1980
3. Marshall Square Shopping Center
Marshall, Minnesota
Shopping Center
Loan Amount: $3,350,000 - 84%
Lender: Northwestern Mutual Life Insurance Company
Very Truly Yours,
Norman D. Herbst
Vice President
NDH /a g
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MORTGAGE
CORPORATION •
4940 VIKING DRIVE, SUITE 364, EDINA, MINNESOTA 55435 (612) 831 -1767
FEASIBILITY LETTER
Date: March 25, 1980
Re: Three proposed office /warehouse buildings
known as Building A B and C, Progress
Valley Park Phase II, Industrial Circle
South, Shakopee, Minnesota
Gentlemen:
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We have personally analyzed the plans and specifications along• with.
the location for the planned improvements as referenced above,, and .
it is our opinion that the improvements planned, will be an ex-'
cellent addition to the area and an asset to the community, as well
as providing and making available the occupancy for A.M. Roof Systems,
Inc., and Laser Engineering, Inc.
It is our opinion, based at this time on the prevailing market condi -•
tions and barring any unforeseen changes,, that the above referenced
project is financially feasible and that the bonds can be sold and
that the note can be privately placed.
Very.Truly Yours,
- 1 / Lek/vka--K. 4-<..t
Norman D. Herbst
Vice President
NDH /ag
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SPRINGSTED v
INCORPORATED
PUBLIC FINANCE ,� ,�
ADVISORS <.
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26 March 1980 •
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Mr. Douglas Reeder, City Administrator 0
City Hall
129 East First Avenue
Shakopee, Minnesota 55379
RE: IDR Application of Progress Valley Park
Dear Mr. Reeder:
We have reviewed the application for this issue and find the following deficiencies:
Item 9 - Apparently the proposed facility will be leased to Laser Engineering and
A & M Roofing. However, there is no commitment showing by either
firm, as is required by the City.
You may wish to review the proposed lease documents to determine
sufficiency of revenues to pay debt service and maintenance costs for
the facility. The terms of the lease should also be reviewed to determine
their relationship to the term of the financing.
Item 10 - Apparently interim financing will be required. There is no commitment
letter on the availability of that interim financing.
Item 15 - We are not familiar with Amfac Mortgage Company. Therefore we
recommend the company be required to provide the required list of five
other similar issues completed by the mortgage company.
In addition, there is no finding by the mortgage company that the project is feasible
and that the financing can be placed by the company. Such finding is required prior
to any public hearing you may order on the project.
In addition, there is no indication of Bond Counsel, and there is no finding by Bond
Counsel that the project is a qualified project under the Act. That determination
also is required before the public hearing.
In the event the City proceeds with this issue we recommend the City review all
proposed final documentation on the security of the mortgage financing to
determine the responsibility of the partnership for debt service payments in the
event lease payments are insufficient to pay all facility costs,
I am returning the material submitted to me on this project.
__!Respectful ly submitte ,
obert D. Pulscher
President
800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222 -4241
DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY v
{ • 2300 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS,MINNESOTA 55402
TELEX: 28-0605 CABLE: DOROW
(612) 340 -2600
1468 W -FIRST NATIONAL BANK BUILDING
ST. PAUL, MINNESOTA 55101
(612) 227 -8017
April 1, 1980
Ms. Mary Alice Brophy
Commissioner of Securities
Minnesota Department of Commerce
Securities Division
500 Metro Square Building
St. Paul, Minnesota 55101
Re: City of Shakopee, Minnesota
(Progress Valley Park Project)
Dear Ms. Brophy:
We have reviewed a resolution adopted by the City
Council of the City of Shakopee, Minnesota, on Tuesday,
March 11, 1980, entitled "RESOLUTION CALLING A PUBLIC HEARING
ON A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOP-
MENT ACT, CHAPTER 474, MINNESOTA STATUTES," and a resolution
adopted by the City Council on Tuesday, April 1, 1980, entitled
"RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER
THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING
THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT
TO THE COMMISSIONER OF SECURITIES, AND AUTHORIZING THE PREPARA-
TION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH
SAID PROJECT," relating to a proposal that the City issue its
revenue obligations pursuant to the Act to finance a project
to be undertaken by Progress Valley Park, a Minnesota general
partnership (the Partnership).
On the basis of our review of the resolutions and
preliminary discussions with representatives of the Partnership
as to the nature of the project and the proposed financing,
it is presently our opinion that the project constitutes a
"project" within the meaning of Minnesota Statutes, Section
474.02, Subdivision la, and that the City is authorized,
assuming further proceedings are taken in accordance with the
provisions of Chapter 474 and any other applicable law, to
issue its revenue bonds to finance the project as proposed
by the resolution.
Very truly yours,
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MEMO TO: Mayor and City Council
FROM: Douglas S. Reeder, City dministrator
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RE: Proposed Industrial Revenue Bond
Progress Valley Park - $1,600,000
DATE: March 27, 1980
Attached is the application for Industrial Revenue Bonds for
Progress Valley Park. This proposal is presented by James
O'Neil for the construction of a 52,000 square foot warehouse
facility in the Industrial Park. It is projected that 75
people will be employed in the facility which will be leased
to Laser Engineering and A and M Roofing.
The application has been reviewed by Springsted, Inc.
• the'Dorsey Firm is the bond counsel. The appropriate
documentations and resolutions have been submitted and reviewed
by the Assistant City Attorney.
This is a Mortgage Revenue Note which is being handled in
normal manner. The City of Shakopee will not have title to
the facility at any time. The $4,000 fee has been paid.
DSR /jiw
Attachment
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CITY OF SHAKOPEE •
• .'APPLICATION FOR COMMERCIAL. DEVELOPMENT ISSUES •
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Dace March 11, 1980
Applicant Name: Progress Valley Park
Address: c/o Al Stephani - 12751 County Road 5, Burnsville, MN 55337
Phone: #x890 -1217
Location of-Proposed Project (address and legal description):
Lots 5 - 8, Block 1, Valley Park Fifth Addition •
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•• Please answer - fully all 'of the following questions. You may attach
. •requested•documencacions: .
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. 1. What fs the specific proposed use of che facility?
Laser...machi•ne cutting and treatment of roofs and other industrial useE
2. Whac is che project's escimated minimum and maximum size and /or
capacity? 52,000 sq ft.
• 3. How many new people will be employed in Shakopee as a direct
result of this proposed project?
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• approximately 75
4. What is -che proposed date for stare of construction? Completion
of conscruction? Start of construction: Immediately
Completion of construction: 150 days
5. What is the estimated range of costs for the facility:
a. Building construction, $ 1,471,400.00
b. Furnishings. $ 35,000.00
c. Property development. $ 50,000.00 •
'd, Land acqu.t si.cion . • $ 133, 560.00
.e. Professional. fees. $ 20,000.00
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-Application for Coinmorc.ia1 Development. issues 1' 2
1) Architectural cngineol'inl; $ 50,000.00
2 ) ' Legal $ 10, 000.00 •
3) Fiscal $ 14,000.00
. f. Ocher (detail).
6. Whac is the applicant's legal interest in che land?
Equitable Title
7. A list of all members of any corporacion, y p partnership or
ocher organizations'which will have a legal and fiscal
. inceresc in che ownership and management of project and chat
identification of that inceresc, and listing of credit and
professional references for all :interested parcies (if
applicable), James F. O'Neill, Alfred H. Stephani, James M.
. :Burkemper, Timothy L,. Menning, and Patrick M. Gannon.
8. Resume of any person, partnership, or corporation which will
• own or manage any portion of che facility.
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Same as #7.
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9.'..If any of the project is to be leased co ocher parcies, an •
identificacion of those parties and a showing of commitment
• for chac'incerest.
'Laser•:Engineering and A & M Roofing will both lease.
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10. If interim financing is required, a showing of a binding
commitment for that financing from a reputable lender.
To be supplied.
11. Stacemenc .as co che fiscal financing mechod co be used such
•as bonds, mortgage revenue notes, or unsecured debt.
.Mortgage Revenue Note
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12. Statement as to whether che financing instruments will be
sold co 'individuals, insurance companies, savings institutions
• or ocher. 'Institutional Sale
13. If considered appropriate by che C.icy, a financing feasibility
report may be required which will detail chose physical
service:and financial factors which will indicate possible
. success or "failure of che proposed facility.
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14. Method of payment of all public cost co be incurred in develop -
menc of che property.
All improvements already in.
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.AA>>licarion for Commercial Development is t.tes Page 3
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- • • 15. Name . of che, •undcrwr.icer or invescmcnc banker who will be
selecced co place the final financing. A lisc of ai least
five ocher issues which have been completed by the underwriccr
or banker shall be provided.
Amfac Mortgage Company
16. Name of the proposed cruscee co be desi.gnaced.
NA
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(Signed) LFRED H. S EPHANI
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March 11, 1980
(Dace)
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This Application must ba submitted to Commissioner in duplicate)
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STATE OF MINNESOTA
• DEPARTMENT OF COMMERCE — SECURITIES DIVISION
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APPLICATION
FOR APPROVAL OF MUNICIPAL INDUSTRIAL REVENUE BOND PROJECT
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Date April 1, 1980
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To: •
Minnesota Department of Commerce
• Securities Division
500 Metro Square Building •
St. Paul, Minnesota 55101 • •
The governing body of the City of Shakopee , County of Scott
Minnesota, hereby app!ies to the Commissioner of the State of Minnesota, Securities Division of the
• Department of Commerce, for approval of this community's proposed municipal Industrial Revenue
Bond Issue, as required by Section 1, Subdivision 7, Chapter 474, Minnesota Statutes.
We have entered into preliminary discussions with:
FIRM Progress Valley Park
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t ADDRESS 12751 County Road 5
• CITY Burnsy_ Ile STATE Minnesota 55337
Formation Minnesota (general partnership)
SmmoHlicliWata5n
1221 Fourth Avenue East
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Attorney Phillip R Krass Address Shakopee, Minnesota 553.79 -
Name of Project Progress Valley Park ' Project
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This firm is engaged primarily in (nature of business): real estate development
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and leasing •
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The funds received from the sale of the Industrial Revenue Bonds will be used to (general nature of
project): esign, construct and equip three buildings having a total of
• 62,000 square feet to be leased for use as office, warehouse, showroom •
and light industrial uses.
It will be located in the City of Shakopee (Lots 5 -8, Block 1, Valley Park . • -
• Fifth Addition)
The total bond issue will be approximately $1,600,000 to be applied toward payment of
costs now estimated as follows:
• Cost Item Amount
Land Acquisition and Site Development 183,560
Construction Contracts 1,471,000
Equipment Acquisition and Installation 35,000
Architectural and Engineering Fees 50,000
Legal Fees 10,000 •
• . Alit KArti gra tr tiramProfessional Fees 20,000
41.0 0008tiacdc c •
Contingencies •
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BCs►ibt ig cmX _
.Other Fiscal fees • 14,000
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It is presently estimated that construction will bf:gi:i on or about April 15 , 1080
-,and will he completed on or about September 15 , 1980 . When completed, there will be
aprroximately 75 new jobs created by the project at an annual payroll of approximately •
S750, 000 based upon currently prevailing wages.
The tentative term of the financing is thirty (30) years, commencing June 1
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1980
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The following exhibits are furnished with this application and are incorporated herein by reference:
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1. An opinion of bond counsel that the proposal constitutes a project under Minnesota Stat.,
Chapter 474.02.
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• • 2. A copy of the city council resolution giving preliminary approval for the issuance of its revenue
bonds.
3. A comprehensive statement by the municipality indicating how the project satisfies the public
purpose of Minnesota Stat., Chapter 474.01.
4. A letter of intent to purchase the bond issue or a letter confirming the feasibility of the project •
. from a financial standpoint.
. 5. A statement, signed by the Mayor, to the effect that upon entering
the information required by Minn. Stat. Sec. 474.01 Subd. 3 will be submitted to part-
ment of Economic Development.
6. A statement signed by the Mayor, that the pr&ect does not include any property to be sold or
affixed • to or consumed in the production of property for sale, and does not include any housing •
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facility to be rented or used as a permanent residence.
• 7. A statement signed by the Mayor that a public hearing was conducted pursuant•to, Minn. Stat.
474.01 Subd. 7b. The statement shall include the date, time and place of the meeting and that
all interested parties were afforded an opportunity to express their views.
8. A copy of the notice of publication of the public hearing.
We, the undersigned, are duly elected representatives of the City of Shakopee, Minnesota,
and solicit your approval of this project at your earliest convenience so that we may carry it to a final
conclusion.
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Signed by: (Principal Officers)
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This approval shall not be deemed to be an approval by the Commissioner • or the state of the
feasibility of the project or the terms of the lease to be executed or the bonds to be issued therefor.
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Date of Approval .
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Commissioner of Securities
Minnesota Department of Commerce
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MEMO TO: Mayor and City Council
FROM: ,Douglas S. Reeder
City Administrator
RE: City Policy on the Installation of Public Improvements
in Plats which do not have Municipal Water and Sewer
DATE: April 3, 1980
At the City Council meeting on April 1, 1980, the question
raised concerning this resolution was whether or not it was
• in conflict with an existing resolution or City ordinance.
Specifically, the question was raised whether this conflicted
with the choices allowed in the existing Developer's Agreement,
which we require with plats.
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I have attached, for your review, the appropriate section of
the City Code which pertains to the requirement for a Developer's
Agreement. This section does not require any particular items
to be included in the Developer's Agreement, but simply allows
the Council to prescribe the form of the agreement. If this
resolution were adopted, it would be the policy of the City
Council to not enter into a Developer's Agreement which would
require the City to install improvement projects and assess
the developer for that work, if the plat did not have water
and sewer available to it.
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I have reviewed the entire subdivision ordinance and could not
find any language which conflicted with the setting of this
policy. It is, therefore, my recommendation that you adopt
this policy in order that the City Council is on record with a
policy before we receive applications for any additional plats
which do not have water and sewer available and for which the
developer wants the City to make installation of streets, curb
and gutter.
DSR /jiw
Attachment
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4 • -. `i• :.!Y .•,, ''14.40.{ 4i.T^ fy .' ...,, 1,1' .- L. 4,11.1 Alp Ti.4' NL ^nav - '7!caa+.c,. .
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. . _ .. t. . ... ' ._:. .'. _ .. .. -. - r ♦ : _. -.. ....r. .Kr . .. 4444 ... .,a .-. 4444 __.
Resolution No. 1589
I A RESOLUTION ESTABLISHING A POLICY 7 -.
FOR THE CITY OF SHAKOPEE CONCERNING CITY PLATS
WHICH DO NOT HAVE MUNICIPAL SEWER AND WATER
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WHEREAS, The Shakopee City Council is responsible for •
the Health ^ and Welfare of Shakopee residents; and
• WHEREAS, the,�Shakopee City Council wishes to encourage
T.lt4.., . ,
the' residential areas which have full City services
1 ili AE'.u1 4it ..,t../ ,'.: . .j 1 t. : !ir'. ,
f and which.,will therefore, not require the future installation
r .
. 11t11!.rsi o 14!11 .sn k ,_ , ft_ c. i. 1 .
of t add tional utilities; and
WHEREAS, the City of Shakopee has invested large sums of
G and 1•![11 . .411 ii . . .1 . .
public ,money in the , construction of water and sewer utilities
t in areas where development is appropriate and timely; and
C WW... ,4 444.. .Df: .1
I WHEREAS, the Shakopee City Council does not find that the
pub! 4.: , :..L. ;,
development of residential areas which do not have full City
services.is_in the best interest of the City; and
WHEREAS, the Shakopee City Council wishes to use the limited
cie',•et op me .: -,
1 bonding capacity of the City for the most appropriate public
1 service!, 1 - . .
purposes. -
NOW, THEREFORE, BE IT RESOLVED THAT THE SHAKOPEE CITY COUNCIL
bonding cap:lc, • •
OF SHAKOPEE, MINNESOTA, does hereby adopt the following policy
purposes,
x for the City of Shakopee.
1 Nt,:;,\ ...1,1 :. r
The City of Shakopee will not sell General Obligation
01, S Bonds "rfor•'the• purpose bf financing the construction of
residential subdivisions unless the residential units
for i thetsubdivision are served by municipal water and
. - sewer.
. 'xthc: Cil_ i •
Adopted in' , session of the Shakopee
. r tes t;;O;':t i o , h •
City Councilhof. Shkopee, Minnesota, held this day of.
sewer.
j April, 1980.
City Ccjulxi :D. `l:a;01per • "l:
April, 1980. Mayor —
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ATTEST:
Approved..as'to form this (---::::)
day of , 1980
City lerk
';.. rovC'i :1:J to 11:,1 I..h
r 1 . 1 s
City Attorney
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p MEMO TO: Mayor & City Council
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FROM: Douglas S. Reeder, City Administrator
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RE: Salary Adjustment, Police Clerk II
DATE: April 3, 1980
pat Mohrbacher has been with the City since August of 1977 when she was
hired as a CETA employee. When the CETA funding ran out, this position became
a permanent city position. She has now been in the full time city position for
six months and has completed her probationary period.
Her work is satisfactory and we are recommending that she be made a permanent
full time employee and receive a salary adjustment of from $4.27 per hour to
$5.12 per hour. This is a 20% increase and reflects a step increase in her
salary range and a cost of living adjustment. She did not receive a salary
increase in January. The salary range for her position for 1980 is $4.09 per
hour to $5.33 per hour.'
Recommendation
Authorize the employment.of Pat Mohrbacher as a permanent full time employee
at a salary of $5.12 per hour effective March 30, 1980.
DSR /jsc
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ATTACHMENT I Continued .
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ALTERNATIVE I AND II 1
EXISTING CLASSIFICATION SYSTEM WITH 1980 RECOMMJNDED CHANCES
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CLASS I F II 1':11 _POSITIONS
` Classi ficati.ons knnue Posi L ions t ,
19 :'9 19 S 0
C1 erk. 1 $`i%O -; (1O $595 -760 Public Works Clerk
Assessing Clerk . ,;
l ''.* gat
.:-' Clerk 11' • , WO -800 $710 -b75 Receptionist .
H Clerk III' $650-850 $710 -925 Police Clerk 11 •
Recreation Secretary
• Finance Clerk
S ecretary .. $750 -950 $820 -1050 Police Secretary ; i
Building/Assessing ,
Secretary
Engineering Secretary .
Recreation Secretary
• . - Recording Secretary ' •�'
• • ' • Deputy City Treasurer I, r•
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MEMO TO: Mayor and CityLCouncil
FROM:' Douglas S.Reeder, City Administrator
RE: Milwaukee Railroad Abandonment
DATE: April 3, 1980
In conjunction with the proposed abandonment of the St. Paul-
Milwaukee - Chicago- Pacific Railroad through Shakopee, it is
suggested that the City Council discuss the property which
the City may be interested in acquiring at this time.
As you are aware, Scott County has been working with the
Hennepin County Park Reserve District and the Scott and
Hennepin Park Advisory Committee to purchase the abandoned
right -of -way of the railroad for the use as a regional
trail. •At this time, the discussions between the railroad
and the Park Reserve District have broken down and the Park
Reserve District is recommending that condemnation proceedings
be started. The City of Shakopee does not have to become
involved in the actual condemnation proceedings for the•trail,
however, we should consider joining the condemnation proceed-
ings to obtain property which we may want independent of the
trail. Specifically, I am concerned about the property
indicated on the attached map, which the railroad owns and
which we may want for public purposes. These public purposes
would be to expand the existing parking lot we have on 2nd
Avenue between Holmes and Lewis, to expand the parking facilities
for the Library, to provide additional property for Public
Works area and to provide additional property for the 4th and
Minnesota Project.
• At this meeting, I only want to get into a brief discussion on
this matter and I will bring back_to you at your next meeting
the appropriate resolution for your consideration.
DSR /jiw
Attachment
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MEMO TO: Douglas S. Reeder, City Administrator
FROM: Jeanne Andre, Administrative Assistant
RE: Establishment of An Ice Arena Commission
DkTE: April 3, 1980
Attached is a proposed Section to be added to the City Code,
establishing an Ice Arena Commission and defining its charge. Phil
Kanning has reviewed this Section, on behalf of the Shak -O— Valley
Amateur Hockey Inc. and is in agreement with its stipulations.
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Sec. 2.55 ICE ARENA COMMISSION iraw
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Subd. 1. The Establishment and Composition of Commission
A. An Ice Arena Commission, composed of three members,
is hereby established. The members shall be appointed by the
City Council and will serve staggered three -year terms. No
more than one member shall be a member of the Council. However,
the Council may additionally appoint one of its members an ex-
officio member of the Commission. The Council will appoint the
first members to take effect , 1980, indicating
one member whose term will expire the first meeting in 1981, a
second whose term will expire the first meeting in 1982, and a
third member whose term will expire the first meeting
in 1983. Both original and successive appointees shall serve
until their successors are appointed and qualified. Commission
members must reside within the corporate limits of the City at
the time of their appointment to the Commission and if they move
outside of the corporate limits during their term of office,
they shall tender their resignation to the Council, who may accept
or reject it. If the Council rejects the resignation, said
Commissioner may complete his term of office.
B. Members of the Board shall serve without compensation
and shall not be personally interested in any contracts of the
Commission. They shall at the beginning of each fiscal year, select
a Chairman and a Secretary from their own number with duties in
addition to Commission membership implied by these titles. A
majority shall constitute a quorem for the transaction of business.
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Subd. 2. General Powers
The Ice Arena Commission shall have the power to
oversee the construction and operation of the ice arena built
in Lion's Park. It shall have the power to make cooperative
agreements with the Joint Recreation Board for the purpose of
coordinating activities in the Ice Arena and Lion's Park.
Subd. 3. Specific Powers
In order to oversee the operation of the Ice Arena, the
Commission shall have powers to:
A. Adopt rules for its own proceedings, providing
at least one regular meeting every month. . and the trans
action of its business and rules governing the use of the Ice
Arena and related facilities under its control;
B. Contract with a professional ice arena management
company to provide operations input to the design and construction
of the ice arena.
C. Contract with the City or outside management companies
for the operation of various facets of the ice arena and to
fix rates for the use of the facility.
D. Accept contributions for the operation and improvement
of the ice arena facility.
E. Maintain and care for the facilities it oversees,
including the carrying of any insurance coverage it deems necessary.
F. Perform whatever other acts are reasonable and necessary
and proper to operate an ice arena under this section.
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Subd. 4. Finances of the Commission
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A. The Commission shall at least six months prior to
each fiscal year, present to the City Council a proposed operating
budget for review and approval. The Commission shall make a
bi- monthly review of revenues and expenses and report to the
Council any differences material in amount from those presented
in the budget.
B. Finances of the Commission. For the purpose of
financing the Ice Arena, there shall be established in the City
accounts . a special fund to be called the Ice Arena
Fund. Into this Fund shall be placed the various Ice Arena
revenues. All receipts belonging to the Commission shall be
deposited to the credit of the Fund
and no disbursement shall be made except
by check nor unless a verified claim for services and commodities
actually rendered or delivered has first been submitted to and
approved for payment by the Commission, as authenticated by
signature of the Chairman. The accounting of the Fund and the
custody of the monies shall be in the
hands of the accounting officer and the Treasurer, respectively,
of the City. These officers shall make reports to the Commission
at reasonable intervals as determined by the Commission. For
purposes of budgeting, accounting, and reporting, the fiscal
year of the Commission and the Fund shall be the same as that of the City.
An audit of the funds shall be made annually. Such audit may be
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made independently of or in conjunction with any audit which may
be made of the funds of the City. The Commission shall be
#; authorized to establish charges or fees for the restricted use
[ of any facilities or to make any phase of the ice arena wholly - .
or partially self - sustaining. Any concessions or privileges
may be sold after public advertising and competitive bidding.
1 Any employees who handle cash in the process of collection shall
be bonded.
C. Financial Report. The Board shall as soon as possible
after the end of each fiscal year, prepare and present to the
City Council a comprehensive annual report of its activities
and finances.
draft 4/3/80 .