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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lying south of CR-16 and west of Hauer Trail; and, variance request from the Subdivision Regulations - Application withdrawn TENTATIVE AGENDA October 3, 1995 Page -2- 13] Reports from Staff a] Awarding Sale of $3 , 180, 000 GO Improvement Bonds, Series 1995A - Res.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 'Ott ��pF IW r9 �► Minnesota Department of Natural Resources v m 'O 4o� 500 Lafayette Road y St.Paul,Minnesota 55155-40_ °f NATLIPS' 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 Nle ECCE , -+G (-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. • 1/2 blk. 1 112 blocks Parking Lot N y N N C_ G � V 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] 0) g 3 ) g 0) 0) 0) 0) 0) T"' T- !""' V"'" EJ II II II '.'"*."''".• „,..,....................,......,..„, , . •...••..•-•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••........•••••••••••••••••••••••••• \ Z . \ 0 0 V) """' ••'"• 2 .,.„, 0 fvI w Z " • . 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I IIIIIiI.� N. .i.. 1111111 IIIliilli ::.>::>i:>:: :• :.:::: . • ®IIIIIIIIIillll,,11,111111,} .:.:....5 Wi...>.. 5 :. 11111111111111111 ; . £6/I N O 8 (0 N O seouerneddd }o iaquanN /(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- UM/L8/U0 int! 1J:44 YAA V1LJyui s LV1JL♦ .. ••uaa.•�.. 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 - UV/L8/V.7 10:J4 rah. 01CJ4VIO41 LVA4L1 a nriALOLL WaVVJ • 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: -4- V7ff6Of1$0 IUV 1.'l:44 I`IA OIL44V1061 LVAJLI OL nnlli"LI ijOLI s.r." ' co A a 3 a 9. a e x Or N C N Q G C3 A C rG -I v. 3, I A A g10 Q5. a. 1 7x j I 'ci S. P V N r Q a or 19 5 0 70 73 * * S = '- I C C' r , n W C o - _ r i I _a o. m set to. 1 e o I �i -4 2m g'S �'r Nal .0 W a O O.C P a i0 N — * rpm C ID a� . „ 6 . - Rt 4 �' T " e N m a9 oN $ � 3I nom 'E ° 411. O D P. V A : a. v .+ r W 5 1O. Zit A m p� a 0 .4 . iv Win.. oto _ mi a < m N aC * a `� = x 3 O _ 1 >a m 5 ; a •c a 4 ° �i �' 4 ... 2E2 3 'd n v a a $ Do0 p o CI � ;-� � « CO 1 le -� li gC I e au = as -ya � Q cli vl � O !j 2a 2 . yR n r 2 O Sr n N M S V 0 i i .� A l h1 A 9 $ p 4 N Jace off ,. - ='PO .v0i w c ` 1 $ M A ° c at ° e- Is 0 O N N 3 N 13 f= w M o- A ,o °o •ii 3 a o g 0 °� $ m ii iv N a -5 X § Z .4..4 r. * 1N6 I a Eig1 ' o v22 0 " 81wI N .4 ° ID y I. g g. ' ,C -rt S0 12 o �' -I A"i 14 S a 44? N a Co $0 x616. 3. _ 1� m o N 10 C. a a o w E 12- 3. 1 4 41E11: a at A x q 9. 51 0 m = 0 1 W _. B wSff § f it .2. ; cilaL 1 A X ; A 3 S g � ' °, vx = 25- w 0� K s i-11125 a I 2 M ro A5. m IN ca & Og I . . � — S00/900Z AaulTITA V A09.1O4 ''" 'SKI Q3.LSDNINcIS ZOOC CZZ ZT9 IY3 St:tT S6/81/60 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] \ CO 1 1 ! jö . . \ --- • • r . r • JIla\ ilk ,\ \ \ \ \ \ \ \ - Sfteet • . .. . f,, .. . ' , . lithe. -I• i '` • ‘.*11111kAlkk7 \ ... ..% _ *." 4 ill _ \i -v. vt,..-14..\ 1 ,,, • r =SI =ill MEI =Wit tlIA Irk 1 a \II N - i II Ni L _. . . _Tie __ Iii II I e m•i. ; i . • , . .. _ _ i i _ : • .9 • , 575; .ti- ` e-•r r- ... lib ° I _ illiolliiiik. , .r.:Ni .: .J1 11\I : II II \.....„,, .a i k. Nik-lk lii . NN Mill il lliallUal N./kg' . ! .1: N t 11 1.\,‘, - AL • \ \ %. - Iffit I i i 1 • . . . ) , 1 =I dSallt- , -1,--.,;,... ..,ji; ...... pii Melly ' - i , lf; . i , . 11 , , . i §i II44 kwIl I Ni I NM\I v 1-----1,. . i---.. t ! i IND ifzi' 7-3 t 7- • , , 1/7..- x J .• 1,0/ . 1 .,, -I-, 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 Z0'd 81729 ZZS ZI9 plasauww UO6PaBd Wd8S:tt S66t-6Z-60 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 £0'd 8t'£9 ZZS Zig elosauutW uo6leued Wd6S:Ii S66i-6Z-60 /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 i� • • t. • .. • . • • . • �.'. . • ^JAG• 8 12 1 . SUBJECT SITE•' . • .'• •• . ' -• • . -7Zi • t • jj ... li -,7gataIR ----------ss - •., • % I.-% r\ ...AVV::,,....-.A IOW ,., , ,.. .: . .. .-..:----1\.t. . i r:I 11111111111111144 : :; ) ... a - �J ....% `4 .....--.. ) i �,a• I �� -.• • B 1 11 -'1 � . .. `• :AG AGRICULTURE i IN R1 RURAL RESIDENTIAL ,a , R2 URBAN RESIDENTIAL � � �J It '�' R3 MID-DENSITY RES. �-- 1 R4 MULTI FAMILY RES. \J II It • BUSINESS B 1 HIGHWAY � �r� !? B2 COMMUNITY BUSINESS , •B3 CENTRAL BUSINESS t I11 LIGHT INDUSTRIAL • 12 HEAVY INDUSTRIAL %--_______, I \ . . S SHORELAND • .r>.- FLOODPLAIN DISTRICT- II Ai... -•-•• MANDATORY PUD _ RTD RACETRACK DISTRICT R1 • • `:: 'Zoning Map ,- . 1's : 4 . .• .. t tr n ci � nrr EXHIBIT B • ,' _� E_ B.L. 4S TRAVELED S' :....Y F ' W LINE 1-. 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M.2P,12.ON - uf1 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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L 1 I --1----- I i 1 . ..• / 1-----. . r . . . i . / i 1 . Lu. / . • • .. . . . . 1 . ....,„4 „....• . , ., • g • _ . . /.. •.: , .. ti. • . i : • ..i s ; . . ( LI) . ...• • It. . • . : . b .1 • e 1 .• c) . ..3..5.. k I • •. -1 • • i • •I • :, •c... • .-• . • • .. .. ,•. •• .. 1 .. : • ...{.. ....-714.0.-- • . . • .. .. •. . a s: A, : • ....,.._, 1 .•••• • . ... >- ... . I •. I . • . ! 20 9 • .. .. _ • . . { .,-..-i -:•-:- . I . .._ [L. I.• , / •./ .• .. ,/ • ..,..._ • . • . ''''* -• 'bill' .. i 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- •. ._ ?r l,_,.. ��ti.. _ ,C�-•--rr�.s_ .—�..c.wz: _+_ i�^�.�...� ��s- ..s ..ca _ .•sir' �'" a..r • a �W ,-�>..�c _ �44; }-nri'.�:�Y_t{�i'a ti`->•--+?.rww`.•�.Y:�l� �• _ -� s = _�v?—•y" - _z•��.•Lacz: .� .T:rr + ,..:rr•. •:-•.,tir.• =� .•= ,:"f _=:s _ --•'c�a�+5 ►.-� •v.: i.�.r .��. 2 r= •....s.� .wOtl+•�1yi:.�.�s �- ,.... s. e.> X . 1 a` .r ,+ ..=.-'1.-r�>�-•_' `-*.+i��agys.:..yp >-..�+►_-y> :e=.,..C..>. a. �• .�•�;.�+ J.: 3 _r�.. .'iT. ..��.:C:.V:-at:-.-:tr.:w•'rv.w�..w�'Lix..d.A0..t..�ry�i?Y- �+..c`e.-.�.. .c_:. Y .,�-.,-�'- �. _.. _ .mss ss-.e=.+s .�. 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 .?.+ - -- 'ry �•.✓ ! � • ..pa. r a. ._• �-� - is --+.. .,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 1 RAPID MEMO LE7 SEP 2 9 1995 ) KA44, 40 (-DATE Sir , • SUBJEC Cee-L.-64/4t6t7 it4111 406 I ...._ • 40. )ior _ 111I.4,01,74 AlF117 ._• . / (isr #1017-%If tr. „ = 10/ E Adams SC 1158 . . , • • • • ._ • • • , . • • • l 4) 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 -1- 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 -2- 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 -3- 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 -4- 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: -5- 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. -6- 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 -8- 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 -9- 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: -10- 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 -12- 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. -13- 09/28/95 11:03 FAX 612 223 3002 SPRINGSTED INC. 0014/041 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 -14- 09/28/95 11:04 FAX 612 223 3002 SPRINGSTED INC. @1015/041 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 -15- 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. -16- 09/28/95 11:05 FAX 812 223 3002 SPRINGSTED INC. X7017/041 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 -17- 09/28/95 11:05 FAX 612 223 3002 SPRINGSTED INC. 0018/041 (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. -18- 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 -19- 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 -20- 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. -21- 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, -3- 09/28/95 11:08 FAX 612 223 3002 SFRINGSTED INC. Qq023/041 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 -4- 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 -5- 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 -6- 09/28/95 11:10 FAX 612 223 3002 SPRINGSTED INC. eI026/041 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: -7- 09/28/95 11:10 FAX 612 223 3002 SPRINGSTED INC. 1J027/041 [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. -8- 09/28/95 11:10 FAX 612 223 3002 SPRINGSTED INC. 01028/041 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 -9- 09/28/95 11:11 FAX 612 223 3002 SPRINGSTED INC. R1029/041 [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 -10- 09/28/95 11:11 FAX 612 223 3002 SPRINGSTED INC. [1030/041 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 -11- 09/28/95 11:12 FAX 612 223 3002 SPRINGSTED INC. [ 031/041 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: -12- 09/28/95 11:12 FAX 612 223 3002 SPRINGSTED INC. QD032/041 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 -13- 09/28/95 11:12 FAX 612 223 3002 SPRINGSTED INC. WI033/041 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 -14- 09/28/95 11:13 FAX 612 223 3002 SPRINGSTED INC. 01034/041 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. -15- 09/28/95 11:13 FAX 612 223 3002 SPRINGSTED INC. QJ035/041 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 -16- 09/28/95 11:14 FAX 612 223 3002 SPRINGSTED INC. WJ036/041 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 -17- 09/28/95 11:15 FAX 612 223 3002 SPRINGSTED INC. QI037/041 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 -18- 09/28/95 11:15 FAX 612 223 3002 SPRINGSTED INC. 0038/041 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. -19- 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. -20- 09/28/95 11:16 FAX 612 223 3002 SPRINGSTED INC. R1040/041 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. -21- 09/28/95 11:17 FAX 612 223 3002 SPRINGSTED INC. R)0111/041 (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. -viii - 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. -x- (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 -2 - 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: - 3 - 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. - 6- 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. - 17 - (This page was left blank intentionally.) 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 2 o N U) e .. e .. CU 0 O C_ 0 0 a 0 0 a D O N O 0 .p 'a �,.�O CV 0 w co• 0 O .T. 0 O� 0 CO O�O 0 co a a60 ON 0 C U� >n o 0 na »7-cI.-o O O 2 269 m H 0 o 40, d 60, C t w C,69 O E9 O L 60, W cNI U w 00 co co o m) C.O to p O 0 oc- p)co...;E:V o 0 Tu o Cl) M u)V CO CO} O N O a U) 0 O O U y U) U)15 a M N 0 . •`O 8 N C V O El a6 U/ O I- > OO o o O C 8 C6 a 0 Ca a 0 V T c N a O V N O x - CO O O X O) O) X d X O C\ X\1-6 E c. o e•- N.. 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Z ii Z w ri it Z w w w iLL w Z 0 v O o 0 0 y0) o 0 o M �M �O yr o LU 0 O (D' V O •-.1.Z U) • 0,.: C N > SND y0 Ca6 00 CC0 �!6 a 5 C'70 Z Tfco 1 p C' aNCec 6 y N C6 • .0 m 0V .N >>�il0 Um� U o NCs CN N ti O)• - 2 29 > U C0 > 00, O U CO o '15O N W O cN O o M OQ C O 0 X} opU) w N N y N p H0 mO O O O 0 a C") a 0 C) aco M aCO cri 0 I- 0 0 8 OC O > OO > $ O > a 0 8 0 Z 0CO Cl) 0 y 4 p 0� O M J O of C 0 OC00cC C _ cO CA E9>• M o *4 N y y 69 U 8 M U U OU O • �Xo yo XX XXX> xX > al> > 0 Cr; ogiCO co Ww 0WW2mWW gr-gm '2 a6 M 0) LL Z W ri LL Z W Lu Lu LL W N a a Co as a) a) 1-15„, va) co c 2E oE c _ a O N O ` O a) = a) = H Fr. E C= E Ca ca N(4 0 O C 0 a N I Z 3 I Z C U COC 2 C E .3., w N CC a) J C c 7o as •(/) (7) O U U E N NN CO 0 as a O W Z Q 0) 0 v) CO 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 OO AlW N0 AO171W` § ER R NO'f W Ow 00 . f a §.. 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IV-5 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 , IV-6 • O. 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L41 Lc > F .i.+UWS O.0 U U L 01 UON C • pL IC IC 0 la 3 0 W 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 A 9,Q�i m 0= �c m > 14ti mK� cm m r0J m 5>0 0-v ucn O :rT po z IZ_im ®fzoce F1 cO � m D C\ rn m rn rrim TI r- (n -2 c,4 rn m -1 -< m ON �.c`/ O rn G7 j c� 0 p 0 m m 4` -1-rn-1 rn O D �/ 3 �m/m D > �rn -Nc` ; N E I . DRIVEWAY CO WI n to v' "'� ; m r c PM. � G•co n ( I Z7W N W �N7 '"\ Co W � /)O O -�I O) m 101-., rG„� I q m -I D 77 -Di N C I.II IL- \ v , (n m rn -4 m rn l I cn• c m XI P1 PO --i0 = r o0 8 DD ! rnT n(/) 0 0 a ...)rs ,. t I o 9 • 9® li \ 9 U 9 ATWOOD STREET 1 i e s sI f I N Z N g Z 1 0 A m p C I C r IV n Z . I Cm C I I O CP � o cnucAr.) x I ill ® ° m * cn 0 rZi m D • 9av 0 I HH I � 0 m o (r O O) O) O) Z C m c) K "O O * cn Z 0 C N cn 0 Cn ' Z Z) -1 > 0A1).1 > D UJ Z O O 0 O n 0 0 0 0 o O 0 m O Z * Z t -1C m r Z Z Z o = O O O O O O -I A xl i K O x _73 ° D J m� al 0 0 Im� ; D O P D (/) cn 0 D 0000 D D D �' O D r r =ox 0 2 2 Q D 01- 1- 1- 1- 0 CC D OrO m N D OOC Z 0 co m 0 73 < (/) "Tl m z z z z z m z -I rri m m 1- 1 0 G7 rn in cn z z m m f-ITI C z —Z-ie D m m z � � m �_ r m m�rn D � I m X m m m C C r cn n n n Z w0 =I Z Z N D Ku) K l -I =23 m i 0 cn cn ZD � W o � � � 03 n D rzi c) N1- 1- Z y G) G7 G7 C Cm m � O Z (nnvDiDUDi -{ Z D O Z T` Or Or Or D OJ CO o? DC m m �z m 0 0 2 <o W xr- c o C W > D 7 �I 0 � m —� u 2. 5 o Delta 3900 Northwoods Drive J �� Paul, 55112 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" ' r ,b i .. i 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 ri a� a a a as a a a as a a a a b 1:51 H N H H H H H H H H H H H H a a w 9 o � 0 z w U t0 H 0 v-I N Cl O N Cl O Cl Cl Cl Cl t0 h t0 43% a1 N 0 N 0 N 0 N O h h Cl h Cri '.S.I 00 co Cl CO N W 0 r-1 H 0 0 0 0 IA to 0 IA a in M1 o to 0 m O o O 0 N N o N 0 N N 0 N U N tO o Cl Cl ri M co Cl h ri M N Cl r-I CO El 2-1 Cl N CO N N Cl CO N N N N CO CO N Ali a Cl d' rl rl rl rl d1 ri rl e-1 rl rl rl rl rI PI W di di N N N N sN N N N N N N N N II I I I I I I I I I I I I 1 I ri O N N NN rI N N NN N N N N 10 01 ri ri rIrI v-I ri ri rIri ri ri rl rl ri 01 a1 01 a1 a1 t0 a1 a1 a► a1 01 a1 a1 01 O 01 O O O O O O O O O O O O O 14Pi M M z 0 a 0 oa W El H 0 >1H a 4 z 64 al z H • U ,147 a• ,C14 a 0 a w up-lq U z ip.q 0 Z a U A t� Al H I�j A H W A E a 4 M a A IA N U a U H Uc6.). a W a aIo co a U � � 0 a o a w M ww M H 0 0 0 0 0 Z 0U 14 RW D H 5 �i �i �i a z Cl a U G0 W gig1400 00 U P1H a0 i� A W M 147 0 t41 {41 U • H a pH E Hp4� H I� H H d 0 �7 in E-1 a g a P D a a H U ch cn H a w as a °`� 0 ai a a a U co ii g ii g a a 0; N # it it 12 II 1t it 1t i It It it it 0 0 0 0 CO CO 0 0 .I CO N 0 0 N N sr sr N 0 N IA IA CO 00 N N 10 W a47 00 00 ClM 00 I.04010 00 v-42-1Veil 01Nr1 C00 NN t0 t0 MM to CI N 0 0 tD 10 ri rI OO In .I N N N h sr .I Cl rl IA N N Cl Cl IA IA N N 0N N Ch t/} N h N N Cl CO Cl IA IA IA IA '211 eN Cl 01 Cl e-1 I-1 Cl Cl r rl 2-1 IA IA • 4 +A. 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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