HomeMy WebLinkAbout08/13/1996 TENTATIVE AGENDA
CITY COUNCIL
SHAKOPEE, MINNESOTA
August 13, 1996
Mayor Jeff Henderson presiding
ADJOURNED REGULAR SESSION:
1] Roll Call at 4 : 00 P.M.
2] Approval of Agenda
3] Final Plat of Milwaukee Manor 2nd Addition - Res . 4479
a ) Community Development Director position
4] Fire Station b ) Excelsior-Henderson negotiations
a] Fire Station Site Purchase
b] Fire Station Referendum Cost Discussion
5] Other Business
6] Adjourn to Thursday, August 15, 1996 at 5: 00 P.M.
BUDGET WORKSESSION:
1] Roll Call following the adj . reg. session
2] Approval of Minutes of May 13th and 14th, 1996
3] 1997 Budget
4] Other Business
5] Adjourn at 7 : 00 P.M.
Mark McNeill
City Administrator
is clerk\j udy\ccagenda
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Milwaukee Manor 2nd Addition
DATE: August 9, 1996
As of 2:30 PM on August 9th, LeRoy Menke had not brought in the requested information for
Milwaukee Manor 2nd.
Mark McNeill
City Administrator
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeil, City Administrator
SUBJECT: Community Development Director
DATE: August 8, 1996
Based upon your direction at the August 6th Council meeting, I have met with staff, and have put
together the attached job description for Community Development Director.
Organization: As shown, it includes the retention of economic development responsibilities in
this department. One change from the current arrangement is that the building inspection division
will now be a part of the Community Development Department, rather then answering to the
Community Services Director(Assistant City Administrator) position. This is consistent with
many other Community Development Departments with which I have been familiar, and should
reflect better coordination of the functions which should work closely together.
One other change is that instead of being the primary"hands on" staff member responsible for
MIS/Computers, the position will merely"oversee"that function. To try to find someone who is
as knowledgeable as was Paul about computers, and still have the primary desired skills of
Community Development/Planning/Economic Development,.may eliminate several qualified
candidates in the later areas. Instead, there is another staff member who has skills in computer
maintenance, and may be the individual who is assigned those additional duties(how this impacts
compensation for that position is unknown at this time). 'In the mean time, short term, Paul
Bilotta has indicated his availability to handle such nonemergency items as setting up new
employees on the computer system, at $25.00 to $30.00 per hour. That rate is 1/3 to 1/2 what
might be expected from the commercial alternatives.
Salary: The 1996 salary for the Community Development Director ranges from $42,431, to
$53,039. Paul Bilotta was being paid $47,735.
However, as you look at the Stanton Survey, the Shakopee position is at the low end for cities of
our size. I realize the desire to keep employee costs down where ever possible, but to attract the
best individuals to this position, especially with Shakopee poised for growth as it is, consideration
should be given to making the salary competitive.
One thing that has lead to the salary range being where it is is that the comparable worth points,
upon which the compensation is based, is at 96. 96 points was established when the position was
the Planning Director. The benchmark for Community Development Directors having multi
devisional responsibilities is 113 points.
Based on that, the salary range would go from $49,945, to $62,431, with mid point being at step
4 - $56,188, or step 5 - $57,749.
Rational for the higher salary is due to the added responsibilities that will be put with this position,
including economic development and building inspection, which previously had been part of the
Assistant City Administrator's position. By putting this into the(what I see as) more logical
Community Development Department, it will allow the City to restructure the Assistant position
to one with greatly reduced responsibilities (therefore salary range).
The attached sheet from the Stanton Survey shows comparative salaries, and job responsibilities.
Other Vacancies: The City has currently applications for Economic Development Coordinator
and Planner I. The County has given these to us, with 10- 12 finalists for each.
A concern that I have is hiring the Economic Development Coordinator now. If that position is to
answer to the Community Development Director, it would be preferable to have the CD Director
as part of the selection process_of one of his/her key staff employees. If we fast track the
Community Development Director filling, it will still be probably 90 days before that Economic
Development position could be considered. However, I believe long term, it makes more sense to
delay that.
With your permission, we will advise the Economic Development Director candidates of the
situation, and ask if they wish to be considered for the Community Development Director position
as well; otherwise, ask for their patience during the delay. We realize that we will lose a number
of them, and it maybe that we have to readvertise.
The other position is that of Planner I. One of the major concerns that the employees of the
Community Development Department is the fact they're all stretched to the limit regarding
workload now; losing Paul is going to mean that some things simply will not get done. For the
past nine months, they have not been doing any discretionary items. The Council and other staff
will need to be understanding as far as asking for answers to additional, non-mandatory projects
in the mean time. It will mean that consulting planners-either Paul or other vendors-will be
necessary.
It appears that the most logical way to get immediate day-to-day help will be to fill the Planner I
position ASAP. This is an entry level position, and should not really be a concern to a new
department head coming on board. However, having the Planner I position filled will assist the
Planner II Michael Leek, and Planner I Julie Klima with such things as building permits, questions
from the public, etc.
Advertisement: We can either do a statewide, or nationwide search to fill the Community
Development Director position. I very recently went through the process of filling a Community
Development Director for Mason City; there, we needed to do a nationwide search, as the pool of
candidates from which to draw was not large enough locally. In the Twin Cities, however, it is
different. Perhaps more important is the emphasis which must be placed upon finding someone
with experience on regional issues, such as dealing with MUSA, the Metropolitan Council, etc.
_ z For that reason, our desired action will be to advertise in the metropolitan Sunday newspapers.
This will mean approximately three weeks for applicants to respond; if it was done nationally, it
would take more then two months in order to make publication deadlines for such things as the
American Planning Association Journals etc. I am undecided as to whether to do this in-house, or
use the Scott County Personnel Department.
•
•
The deadline for publication in the metro Sunday papers is the preceeding Wednesday.
Therefore, I ask your direction on the following:
1. Inclusion of Economic Development and Building Inspection as responsibilities for this
position.
2. Salary- change the Comp Worth points to 113, and advertise the reanges$49,945 to
$62,431, with a starting salary not to exceed $57,749.
3. Go with a statewide search, rather then a nationwide search.
4. Defer action on filling-The Economic Development Coordinator position, until after the
Community Development Director is on board, but fill the Planner I position now.
Please advise as soon as possible if you have significantly different thoughts on the above.
itt-k0
Mark McNeill
City Administrator
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City of Shakopee
Job Description
JOB TITLE: Community Development Director
EXEMPT: Yes JOB CODE:
SALARY LEVEL: DIVISION: Comm. Development
SHIFT: DEPARTMENT: Comm. Development
LOCATION:
EMPLOYEE:
REPORTS TO: City Administrator
PREPARED BY: DATE: 8/96
APPROVED BY: DATE:
SUMMARY: Administers Planning, Economic Development, Building
Inspection functions; and oversees Management Information
Systems . Develop comprehensive plans and programs for
utilization of land and physical facilities of the City
consistent with Council policies, directives, codes and
ordinances .
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following.
Other duties may be assigned.
Administers, promotes and assists in directing economic
development activities in a manner that will assure effective
programs and development in accordance with applicable
comprehensive plans and ordinances.
Compiles and analyzes data on economic, social, and physical
factors affecting land use, and prepares or requisitions
graphic and narrative reports on data.
Confers with local authorities, civic leaders, developers, and
land planning and development specialists to devise and
recommend arrangements of land and physical facilities for
residential, commercial, industrial, and community uses.
Oversees enforcement of all State and local building codes and
rules to insure compliance with Uniform Building Code and other
life safety codes through the building inspection staff.
Recommends revision to City land use regulations, plans,
policies, procedures and ordinances to adequately respond to
current development environment and effectively meet goals of
the City.
Prepares Planning Commission and Community Development
Commission agenda and staff reports, attends and makes oral
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JOB DESCRIPTION
Job Title: Community Development Director
presentations at related meetings.
Prepares budgets related to Community Development activities.
Coordinates development of the 5 yr. Capital Improvement
Program for the City.
Effects harmonious working relationships between the City,
Chamber of Commerce and works successfully with other related
governmental and civic agencies.
Maintains updated status of community profile and provides
general information and assistance to businesses, industries
and developers on all economic development matters.
Recommends governmental measures affecting land use, public
utilities, community facilities, and housing and transportation
to control and guide community development and renewal.
Reviews and evaluates environmental impact reports as applied
to specified private and public planning projects and programs .
SUPERVISORY RESPONSIBILITIES:
Supervises a small staff of full time employees. Is responsible
for the overall direction, coordination, and evaluation of
these employees.
Carries out supervisory responsibilities in accordance with the
organization' s policies and applicable laws. Responsibilities
include interviewing, hiring, and training employees; planning,
assigning, and directing work; appraising performance;
rewarding and disciplining employees; addressing complaints and
resolving problems .
QUALIFICATION REQUIREMENTS: To perform this job successfully, an
individual must be able to perform each essential duty
satisfactorily. The requirements listed below are representative
of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with
disabilities to perform the essential functions.
EDUCATION and/or EXPERIENCE:
Master' s degree (M. A. ) or equivalent in planning, public
administration, or other related field; and four to ten years
related experience and/or training; or equivalent combination
of education and experience.
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R
JOB DESCRIPTION
Job Title: Community Development Director
LANGUAGE SKILLS:
Ability to read, analyze, and interpret common scientific and
technical journals, financial reports, and legal documents.
Ability to respond to common inquiries or complaints from
customers, regulatory agencies, or members of the business
community. Ability to write speeches and articles for
publication that conform to prescribed style and format.
Ability to effectively present information to top management,
public groups, and/or boards of directors.
MATHEMATICAL SKILLS:
Desired abilities include application of advance mathematical
concepts such as exponents, logarithms, quadratic equations,
and permutations . Will include ability to imply mathematical
operations to such tasks as regression analysis, frequency
distribution, determination of test reliability and validity,
analysis of variance, correlation techniques, sampling theory,
and factor analysis.
REASONING ABILITY:
Ability to define problems, collect data, establish facts, and
draw valid conclusions . Ability to interpret an extensive
variety of technical instructions in mathematical or diagram
form and deal with several abstract and concrete variables.
PHYSICAL DEMANDS: The physical demands described here are
representative of those that must be met by an employee to
successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with
disabilities to perform the essential functions .
While performing the duties of this job, the employee is
regularly required to use hands to finger, handle, or feel
objects, tools, or controls; reach with hands and arms; and
talk or hear. The employee frequently is required to sit . The
employee is occasionally required to stand and walk.
The employee must occasionally lift and/or move up to 10
pounds . Specific vision abilities required by this job include
close vision, color vision, depth perception, and the ability
to adjust focus. _
WORK ENVIRONMENT: The work environment characteristics described
here are representative of those an employee encounters while
performing the essential functions of this job. Reasonable
accommodations may be made to enable individuals with
disabilities to perform the essential functions.
The noise level in the work environment is usually moderate.
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S ;
Z.9k4Th ccit
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Excelsior-Henderson Provisions
DATE: August 13, 1996
The following items are asked to be considered by the City Council for inclusion in to an
agreement with Excelsior-Henderson:
1. Excelsior-Henderson will provide a $1 million deposit to the City prior to issuance of
bonds. That will be placed to a reserve fund to be created for the project.
2. Excelsior-Henderson will pay an annual 3% risk premium which shall be retained by the
City until the reserve fund builds to $2 million. Sources of funding for the$2 million shall
include the $1 million deposit, 90% of TIF generated from the project, and interest earned
on the funds.
3. After the reserve fund reaches a balance of$2 million, the 3% risk premium shall drop to
1%.
4. After the reserve fund reaches the$2 million balance,—% of the TIF value shall be paid
to Excelsior-Henderson to reduce their lease payment for the balance of the duration of
the TIF agreement; the remaining 10% shall be used by the City for authorized purposes.
5. The reserve fund shall be released to Excelsior-Henderson when the building is purchased
by Excelsior-Henderson; if purchase is made prior to the expiration of the TIF
authorization, Excelsior-Henderson will continue to receive % of TIF proceeds.
6. Lease payments shall start at time of occupancy, with lease payments being made on a
monthly basis.
7. Excelsior-Henderson will not provide personal guarantees, but will provide corporate
guarantees.
8. Excelsior-Henderson agrees to a minimum assessment for valuation of land and
improvements, which shall be suitable for retirement of debt, TIF, and risk premium
payments.
9. The company shall provide evidence of a successful equity placement by September 15,
1996.
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10. At the time of purchase of the building by Excelsior-Henderson, there shall be no
extraordinary penalties other then those required under any"early call" provisions of the
bonds. The company shall receive credit for previous lease payments made; the purchase
price shall be determined by the value of the remaining debt, plus a$100,000
administrative fee payable to the City.
2A+S.-
LAPI-tak
Mark McNeill
City Administrator
•
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CITY OF SHAKOPEE c LI b
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Fire Station Site Acquisition
Fire Referendum Cost Discussion
DATE: August 9, 1996
INTRODUCTION:
At its meeting on August 13th the City Council will be asked to consider the purchase of a site for
the fire station, if appropriate, and also to make a decision as to the amount of money to be placed
on the November 5th fire referendum.
Fire Station Site Status:
Please refer to information attached which was included in your City Council packet for August
6th.
Earlier that afternoon, Councilor Jane DuBois and I met with land owner Gene Hauer to try to
reach some agreement on the additional $36,275.00 in assessments which surfaced following the
City Council's earlier decision on this. Mr. Hauer was unable to respond at that time, saying
that he needed to consult with the co-owners of the property to determine whether they would be
willing to accept any part of the additional assessments. It was his position at the August 6th
meeting with Councilor DuBois and I that the agreement had been that all pending assessments
would be the responsibility of the City. The net result of this would be an additional $2500 per
acre, bringing the price to some $4500 more then the appraised value.
On August 9th, Gene Hauer responded that they would be willing to reduce the overall price by
$5,000 as their share of the additional $36,275. He acknowledged previous assessments paid for
1981 sanitary sewer project, and benefit from that. The $5,000 reduction would mean a per acre
cost of$26,155 net, plus the future SPUC charges.
You should be aware that the fire fighters are very committed to this site as the optimum location.
Fire Referendum Cost:
The referendum amount is determined by three factors:
1. Land Costs
2. Building and Site Development Costs, and Financing.
3. Equipment Costs
We will have more information regarding land costs based upon your decision at the meeting.
The recommendation of the building committee is that the referendum consider only the 5 acres
needed for the fire station site; anything in excess of that they believe should come from other
sources (which would likely mean reserves). Also note that the existing budget had anticipated
$120,000 for site acquisition. According to the Finance Director, that amount was to be provided
from the Capital Improvement Fund; there is also $200,000 budgeted for Public Works land
acquisition in the same fund. The two together would be able to be used to meet the Hauer offer,
with some shortfall.
Regarding building costs, attached is a preliminary estimate provided by BKPR Architects. As
shown, with a 10% contingency, the building and site development costs are $3.07 million. A
meeting was held on August 5th to determine what, if any, reductions might be made in the scope
of the project.
Comparisons were made to other fire stations constructed recently in surrounding communities.
The architect or building committee are expected to make a brief presentation on that, but at an
average of$92.00 per foot, the estimated cost is about mid-range to the other compared stations.
At 25,300 sq. ft., it is the opinion of the station committee that this is the minimum size that can
work for Shakopee's future needs, as this will be the headquarters for a system which may
ultimately have five stations. The building committee feels strongly that significant reductions in
size would create less then ideal operations later.
Regarding equipment, I understand that there has been discussion about adding as many as three
trucks, anticipated over the next three years to the referendum cost. Two of those trucks are
replacements; one is in addition. Logical sources of funding other than the referendum would be
through the Internal Service Fund for Equipment. It is a policy decision as to whether the
payment should come from the existing fund,or be placed as a referendum cost.
Cost Impact:
Attached is a set of calculations from the Finance Director on what the impact of the referendum
would be based on this year's taxable valuation. As shown, a referendum of$4 million would
have an annual impact of$54.41 on a house with an estimated market value of$105,000. It also
was figured for referendums of$3.5, and $3.0 million.
In addition to the size of the fire referendum, Council needs to be aware of two other potential
bond sales that maybe upcoming.
The first is General Public Improvements Bond sale of approximately $2.1 million(for such things
as street paving, etc.). The other is the potential $8.1 million Excelsior-Henderson sale.
Excelsior-Henderson would not come back as a tax levy, unless Excelsior-Henderson should fail
in the future; however, it will significantly add to the debt per capita which may have an impact on
our"A" bond rating by Moody's.
ACTION REQUIRED:
After considering information to be made available at the Tuesday meeting, the Council should
give direction on the following actions:
1. Direction on the execution of a purchase agreement for the fire station site, and sources of
funding for same.
2. Establish an amount to be forwarded to the County Auditor to be established as a
referendum amount to be considered by voters on November 5th
Mark McNeill
City Administrator
MM:tw
b
CITY OF SHAKOPEE.
Memorandum
TO: Mayor and City Council Mme.
FROM: Mark McNeill, City Administrator
SUBJECT: Fire Station Site Purchase
DATE: July 31, 1996
INTRODUCTION:
The Council is asked to consider a purchase agreement for the proposed purchase of 14.51 acres
from Eugene Hauer, for siting of the new fire station, and other future city uses.
BACKGROUND:
The former Acting City Administrator negotiated with Eugene Hauer for a site located at the SW
corner of Vierling Drive and C.R. 16. Approximately 5 of the 14.51 acres would be used for a
fire station site if approved by Shakopee voters at a referendum this November. The balance
would be held for other city purposes in the future.
A summary of the negotiations to date for cost is attached. Note that the current Hauer position
#3 is as a result of an additional estimated $36,275 in pending assessments which is a result of the
C.R. 16 sanitary sewer project. As I understand it, the City's negotiator was unaware of these
pending assessments, relying upon information which he received from the owner; only after a
assessment search was done did this become part of the negotiations. It adds $2,500 per acre.
I spoke with Mr. Hauer about this; he indicates that he was aware of the pending assessments, and
that was part of the negotiations which was agreed to. He is not interested in changing his
position at this time.
Budget Impact:
The additional $36,275 will mean the cost per acre will be $26,500, or a total of$384,515. If as
proposed in the Hauer position, it will be some $65,295 in excess of the appraised value done
earlier this year by Peter Patchin. In addition, there are future trunk water charges (SPUC) in the
amount of$16,358 which the City has agreed to pay.
ALTERNATIVES:
The alternatives for this situation are as follows:
1. Accept Mr. Hauer's position and have the cost of the land included as part of the fire
station project.
2. Reject the position, and attempt to negotiate further.
3. Reject the proposal, and begin the process to search for a new site.
4. Condemn the parcel.
From my discussions with Mr. Hauer, he does not want to negotiate further on this; it also is the
site of which the Fire Department is supportive.
Proposed Contract:
If Council agrees to the amount proposed by Mr. Hauer, the attached purchase agreement should
be considered. It contains a closing date of August 15, 1996. It is correct in that the purchase
price to be paid to Mr. Hauer remains at $348,240, and does not reflect the pending future
assessments.
ACTION REQUIRED:
If the Council agrees to accept the proposal of Gene Hauer, it should, by motion, authorize the
Mayor and City Clerk to enter into the purchase agreement as attached.
If it wishes to select a different alternative regarding acquisition or price of this parcel, it should
so direct. If needed, the Council may defer to consider this as part of an overall fire station
project discussion tentatively set for August 13th. gg f n
ItAAAkki
Mark McNeill
City Administrator
MM:tw
ALTERNATIVES:
The alternatives for this situation are as follows:
1. Accept Mr. Hauer's position and have the cost of the land included as part of the fire
station project.
2. Reject the position, and attempt to negotiate further.
3. Reject the proposal, and begin the process to search for a new site.
4. Condemn the parcel.
From my discussions with Mr. Hauer, he does not want to negotiate further on this; it also is the
site of which the Fire Department is supportive.
Proposed Contract:
If Council agrees to the amount proposed by Mr. Hauer, the attached purchase agreement should
be considered. It contains a closing date of August 15, 1996. It is correct in that the purchase
price to be paid to Mr. Hauer remains at $348,240, and does not reflect the pending future
assessments.
ACTION REQUIRED:
If the Council agrees to accept the proposal of Gene Hauer, it should, by motion, authorize the
Mayor and City Clerk to enter into the purchase agreement as attached.
If it wishes to select a different alternative regarding acquisition or price of this parcel, it should
so direct. If needed, the Council may defer to consider this as part of an overall fire station
project discussion tentatively set for August 13th.
LLL\11,1,vLi u
Mark McNeill
City Administrator
MM:tw
Fire Station Negotiations
Hauer Site- 14.51 acres -Vierling Dr.
Appraised Value -$22,000 acre @ 14.51 =$319,220
City Position#1 -$22,000 acre. 5 acre outright purchase with balance on
Hauers Position#1 -$30,000 acre @ 14.51 =$435,300
City Position#2 -$23,100 acre and City to pay future trunk water charges($16,358).
Hauer Position#2=$25,000 acre and City to pay future trunk water charges. ($362,750)
City Position#3=S24,000 acre and City to pay future trunk water charges. ($348,240)
612-339-6212 B<PR & ASSOCIATES 071 P02/02 JU. 29 '96 13:46
I
SHAKOPEE FIRE STATION L:1SF5181COST1
,M vA'7r.���� tC"' t d r r' s -
1, • t � to .'t
iuilw.ti`>svw..+., 8..:.°i. .xy_7�Y)., �.S�ry Xl tr_i� > :.Z. -rn T.:.i,>,rte � 4::i„.e. •
•
New Main Station 25300 at
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•
PROPERTY COST IMPACTS
land Acquisition _ Unknown
City Property Asssssements unknown
Sewer&Water,Storm water,street
collector fees.etc.
Survey Allowance $3,500
Soils Testing Allowance $4.600
,Rdgcatan
Subdivision Costs unknown
Subtotal $8,000
CONSTRUCTION COSTS
Site Improvements 1125,000
General Building Construction Costs 41,844,500 25300 sf x 85
Mechanical Costs $379,500 25300 sf x 15
Electrical Costs $303,800 26300 sf x 12
•
Subtotal $2,482,600
OTHER PROJECT EXPENSES
-
Professional Fees $177,832
Furniture&Equipment Allowance 385,000
._.. Equipment Allowance $20,000 ---
Telephone System 320,000
Computer System 30
Audio•Visual systems $25,000
Reimbursable*,printing,travel etc. $14,000
Other Consultants ;0
' _
Subtotal Construction Costs $2,794,232
Contingency 10% 3279,423
FILMA CW(r 6151-5
1. .�3aFIVtEL1 Ji Y
.. .lt�Ri�I�''S E� , „w r'rzgfce:-21i1.�i30 +,,:64$1•Wifte-AT':1<kF:
•
FIRE STATION Page 1
CITY OF SHAKOPEE
Station I Size (Sq. Ft.) I Cost per Sq Ft. I Year Built
Little Canada Fire Station 12,000 $95 1990 M-tt, 4:10-
Chaska Fire Station MI= 1.1 '-' $145 1996
Bloomington Fire Station 23,000 $92.50 1992
Brooklyn Park West Station 10,000 $101 1993
Brooklyn Park East Station 12,000( $119 I 1995
New Ulm Fire Station I 11,500 $116 1996
Prior Lake Fire Station 17,600 $86.50 1995
Lake Johanna Fire Station I 8,160 $110 1996
G:\USER\KDF\STATION.XLS
Referendum
Referendum Taxes
p6/97
Est Market value
From Assessor 685,640,000
Less Est TIF (39,698,300)
Est Taxable Mkt Val 645,941,700
Bond amount 4,000,000
Bond years 20
Est interest rate 5.5%
Approximate annual payments (334,717) 334,717
ref Tax Rate 0.000518185
House Est Mkt Value (avg) 105,000
Est Ref. Tax 54.41
Bond amount 3,500,000
Bond years 20
Est interest rate 5.5%
Approximate annual payments (292,878) 292,878
ref Tax Rate 0.000453412
House Est Mkt Value (avg) 105,000
Est Ref. Tax 47.61
Bond amount 3,000,000
Bond years 20
Est interest rate 5.5%
Approximate annual payments (251,038) 251,038
ref Tax Rate 0.000388639
House Est Mkt Value (avg) 105,000
Est Ref. Tax 40.81
Page 1
• PURCHASE AGREEMENT
This form approved by the Minnesota Association of
REAUORS",which disclaims any liability
arising out of use or misuse of this form.
1. Date
2. Page 1 of Pages
3 RECEIVED OF the City of Shakopee, Minnesota,
4. 500.00
5.the sum d Five Hundred and 14o/100 Dollars(S )
6 by CHECK:R L-11CR Cas earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or
7.before the next business day after acceptance, In a trust account of listing broker but to be returned to Buyer If Purchase
6 Agreement Is not accepted by Seller. Said earnest money is part payment for the purchase of the property located at:
9 Street Address: the South West corner of Vierling Drive and County Road 16,
10.City d
Shakopee County of Scott State of Minnesota,
11.Legally described as: (See attached Exhibit A.)
12. bulbs, plants, shrubs, and
13 Including the following property, it any, owned by Seller and used and located on said properly: garden
14.trees;storm sash,storm doors, screens and awnings;window shades,blinds,traverse and curtain and drapery rods; attached lighting
15.fixtures and bulbs; plumbing fixtures, water heater, heating plants (with any burners, tanks, stokers and other equipment used in
16 connection therewith).built-in air conditioning equipment,electronic air fitter,Water Softener OWNED/RENTED I NONE, built-in humidifier
17.and dehumidifier, liquid gas tank and controls (if the property of Seller), sump pump; attached television antenna, cable TV jacks
16 and wiring; BUILT-INS: dishwashers, garbage disposals, trash compactors, ovens, cook top slams, microwave ovens, hood fans.
19.intercoms;ATTACHED: carpeting;mirrors;garage door openers and all controls;smoke detectors;fireplace screens,doors and
20.heatilators;AND: the following personal property: None.
21.
22._
23 all of which property Seller has this day agreed to sell to Buyer for sum of:(S 348,240.00
24. Three Hundred Forty-Eight Thousand, Two Hundred Forty and No/100 Dollars.
25.which Buyer agrees to pay in the following manner:Earnest money of$_ 500.00
26.ands 347,740.00 cash on August 15, 1996 ,the dated closing,and
27.the balance of S -0- by financing in accordance with the attached addendum:
26 Conventional - FHA VA Assumption _ Contract for Deed Other:
29.This Purchase Agreement ASA IS NOT subject to a contingency addendum.(II answer is IS,see attached addendum.)
30.This Purchase Agreement 7(J(IS„NOT subject to cancellation of a previously written Purchase Agreement dated
31.This Purchase Agreement ASA IS NOT subject to an Inspection Addendum.(II answer is IS,see attached addendum.)
32.Attached are other addenda which are made a part of this Purchase Agreement.(Enter page or pages on line 2)
performance Buyer,Seller shall deliver a General Warranty Deed
33.DEED/MARKETABLE TITLE:Upon by ye•
34.joined in by spouse,if any,conveying marketable title,subject to:
35.(A) Building and zoning laws,ordinances,state and federal regulations;(B) Restrictions relating to use or improvement of the property without
36.effective forfeiture provisions;(C) Reservation of any mineral rights by the State d Minnesota;(D) Utility and drainage easements which do not
37.interfere with existing improvements;(E) Rights of tenants as follows(unless specified,not subject to tenancies):
36
39.(F) Others(Must be specified in writing):
40.SPECIAL ASSESSMENTS shall be paid as follows:
41.BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING/SIIIMISHAKIKIMBINIAZGOKEKOSIUM all installments
42.of special assessments certified for payment with the real estate taxes due and payable in the year of closing.
43 BUYER SHALL ASSUME WIAXItattAkOCRAX on date of closing all other special assessments levied as of the date of closing.
44.BUYER SHALL ASSUME @.QHIRKIMet}l)ga special assessments pending as of the date of this agreement for
45 improvements that have been ordered by the City Council or other assessing authorities.(Seller's provision for payment shall be by payment into
46.escrow of 2 times the estimated amount of the assessments,or less as required by Buyer's lender.)
47.Bill(111USOBIJUCALlittliEN SELLERSHALL PAY on date of closing any deferred real estate taxes(i.e.Green Acres,etc.)or special
4a assessments payment of which is required as a result of the closing of this sale.Buyer shall pay real estate taxes due and payable in the
49.year following closing and thereafter and any unpaid special assessments payable therewith and thereafter,the payment of which is not
50.otherwise provided.
51.As of the date of this agreement,Seller represents that Seller 111149(KHAS NOT received a notice o heari g for a new public improvement
52.project from any governmental assessing authority,the costs of which project may be assessed against the property.If a notice of pending
53 special assessment is issued alter the date of this agreement and on or before the date of closing, Buyer shall assume payment of
54. ALL/1110HECKSTIHRBK of any such special assessments,and Seller shall provide for payment on
55.date of closing ALL/NONE/OTHER: of any such special assessments. If such special
56 assessments or escrow amounts for said special assessments as required by Buyer's lender shall exceed$ ,this
57.Purchase Agreement shall be null and void at Seller's option;parties agree to sign cancellation of Purchase Agreement and all earnest
56,money paid hereunder shall be refunded to Buyer,unless one or both of the parties agrees In writing on or before the date of closing,to
59.assume.pay,or provide for the payment of such excess.
60.Seller and Buyer Initial: Sellers) Date Buyer(s) Date
PURCHASE AGREEMENT
62. Page 2
63 TITLE 8 EXAMINATION: Seller shall,within a reasonable lime after acceptance of this agreement,furnish an abstract of tale,or a registered
64.property abstract,certified to date to include proper searches covering bankruptcies,state and federal judgments and liens,and levied and
66 pending special assessments.Buyer shall be allowed 10 business days after receipt of abstract for examination of title and making any objections
66 which shall be made in writing or deemed waived.ft any objection is so made,Seller shall have 10 business days from receipt of Buyer's written
67 title objections to notify Buyer of Seller's intention to make title marketable within 120 days from Seller's receipt of such written objection II notice
68 is given,payments hereunder required shall be postponed pending correction of title,but upon correction of title and within 10 days after written
69.notice to Buyer the parties shall perform this Purchase Agreement according to its terms.If no such notice is given or if notice is given but
70 title is not corrected within the time provided for,this Purchase Agreement shall be null and void,at option of Buyer;neither party shall be liable
71.for damages hereunder to the other and earnest money shall be refunded to Buyer:Buyer and Seller agree to sign cancellation of Purchase
72.Agreement. BUYER AGREES 10 ACCEPT AN OWNER'S TITLE POLICY IN THE FULL AMOUNT OF THE PURCHASE PRICE IN LIFII
73 OF AN ABSTRACT OF TITLE IF THE PROPERTY IS SUBJECT 10 A MASTER ABSTRACT OR IF NO ABSTRACT OF 111 LE IS IN SW E l I'S
74.POSSESSION OR CONTROL.II Buyer is to receive such policy(1)the title examination period shall commence upon Buyer's receipt of a current
75.title insurance commitment and(2)Seller shall pay the entire premium for such policy it no lender's policy is obtained.and only the additional
76 cost of obtaining a simultaneously issued owner's policy it a lender's policy is obtained(Buyer shall pay the premium for the lender's policy)
77.SUBDIVISION OF LAND:If this sale constitutes or requires a subdivision of land owned by Seller.Seller shall pay all subdivision expenses
78 and obtain all necessary governmental approvals.Seller warrants the legal description of the real property to be conveyed has been or will
79.be approved for recording as of the date of closing.
80.SELLER WARRANTIES:SELLER WARRANTS THAT BUILDINGS,ARE OR WILL BE,CONSTRUCTED ENTIRELY WITHIN THE BOUNDARY
81.LINES OF THE PROPERTY.SELLER WARRANTS THAT THERE IS A RIGHT OF ACCESS TO THE PROPERTY FROM A PUBLIC RIGHT
82.OF WAY.THESE WARRANTIES SHALL SURVIVE THE DELIVERY OF THE DEED OR CONTRACT FOR DEED.
83 SELLER WARRANTS THAT PRIOR TO THE CLOSING,PAYMENT IN FULL WILL HAVE BEEN MADE FOR ALL LABOR,MATERIALS,
84.MACHINERY,FIXTURES OR TOOLS FURNISHED WITHIN THE 120 DAYS IMMEDIATELY PRECEDING THE CLOSING IN CONNECTION
85.WITH CONSTRUCTION,ALTERATION OR REPAIR OF ANY STRUCTURE ON OR IMPROVEMENT TO THE PROPERTY.
86 SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION
87.OF ANY LAW,ORDINANCE OR REGULATION.IF THE PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS,SELLER WARRANTS
86 THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY PERSON OR AUTHORITY AS TO A BREACH OF THE COVENANTS.ANY
89.NOTICES RECEIVED BY SELLER WILL BE PROVIDED TO BUYER IMMEDIATELY.
90 RISK OF LOSS:If there is any toss or damage to the property between the dale hereof and the dale of closing, for any reason rrrcludmu
91.tire,vandalism,flood,earthquake or act of God.the risk of loss shall be on Seller.II the property is destroyed or substantially damaged before
92.the closing date,this Purchase Agreement shall become null and void,at Buyer's option,and earnest money shall be refunded to Buyer:
93 Buyer and Seller agree to sign cancellation or Purchase Agreement.
94.TIME OF ESSENCE:Time is d the essence in this Purchase Agreement.
95.ENTIRE AGREEMENT:This Purchase Agreement,any attached exhibits and any addenda or amendments signed by the parties.shall constitute
96 the entire agreement between Seller and Buyer,and supercedes any other written or oral agreements between Seller and Buyer.This Purchase
97 Agreement can be modified only in writing signed by Seller and Buyer.
96 ACCEPTANCE:Buyer understands and agrees that this Purchase Agreement is subject to acceptance by Seller in writing. The delivery of
99.all papers and monies shall be made at the listing broker's office.
100.DEFAULT II Buyer defaults in any of the agreements herein.Seller may terminate this Purchase Agreement,and payments made hereunder
101.may be retained by Seller as liquidated damages.If this Purchase Agreement is not so terminated.Buyer or Seller may seek acitial damages
102.lor breach of this Agreement or specific performance d this Agreement;and,as to specific performance,such action must be commenced
103 within six months after such right d action arises.
t
) 1k PURCHASE AGREEMENT
• 104. Address
/ l/i 105. Page 3 Date
•
•
106.REAL ESTATE TAXES shall be paid as follows:
1Q7.Buyer shall pay, RR 7E]fX M111Q6_6_12THS,10331171240141601 real estate taxes due and payable in the year 19 96
toms owl
106 Seller ghat 154 4,11ORATTD 70 DAY OE CLOSING, 12THS,ALL NONE_real estate taxes due and payable in the year 19 .If the
• ai109.closing date is changed,the real estate taxes paid shall,if prorated,be adjusted to the new closing date.Seller warrants taxes due and
110.payable in the year 19 96 will be IJIXI RARIX =homestead classification. U part or non-homestead classification is circled,
woo
111.Seller agrees to pay Buyer at closing$ _0_
" w toward the non-homestead
112.portion of the real estate taxes.Buyer agrees to pay-artr remaining balance of non-homestead taxes when they become due and payable.
In No representations are made concerning the amount of subsequent real estate taxes.
114.POSSESSION:Seller shall deliver possession of the properly not later than immediately alter closing
115.All interest,homeownet<association dues,rens,fuel oil iquid petroleum gas and all charges for city water,city sewer,electricity,and natural
116 gas shall be prorated between the parties as of date of closing.Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY
117.NOT INCLUDED HEREIN from the property by possession date.
118.ENVIRONMENTAL CONCERNS:To the best of the Seller's knowledge there are no hazardous substances,or underground storage tants,except
119.herein noted: None. -
120.
121.SPECIAL WARRANTIES:
122.SELLER WARRANTS THAT THE PROPERTY DIRECTLY CONNECTED TO:CITY SEWER OYES ONO CITY WATER O YES1C NO
123 SELLER/BUYER AGREES TO PROVIDE WATER QUALITY TEST RESULTS AND/OR SEPTIC SYSTEM CERTIFICATION IF REQUIRED BY
Nssw ow, .
124.GOVERNING AUTHORITYIAND R'LENDER.SELLER WARRANTS THAT ALL APPLIANCES,HEATING,AIR CONDITIONING,WIRING
125.AND PLUfyIBING SYSTEtVI$USED AND LOCATED ON SAID PROPERTY WILL BE IN WORKING ORDER ON THE DATE OF CLOSING.
126 EXCEPT AS NOTED ON ATTACHED ADDENDUM.BUYER HAS THE RIGHT TO INSPECT PROPERTY PRIOR TO CLOSING.
127.OTHER: This sale is under threat of condemnation by Buyer.
126 .13uyer.s)a.11 paylfg urg. trunk water charges, estimated at $16,358.00.
129.BUYER ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING POSSIBLE PROBLEMS OF WATER
130.IN BASEMENT,OR DAMAGE CAUSED BY WATER,OR ICE BUILD-UP ON THE ROOF OF THE PROPERTY AND BUYER RELIES
131.SOLELY IN THAT REGARD ON THE FOLLOWING-SLtAfMENT BY SELLER:
132.SELLER HAS/HAS NOT HAD A.WET BASEMENT,AND HAS/HAS NOT HAD ROOP,WALL OR CEILING DAMAGE CAUSED BY WATER
.S' - IcKM owl 10.0*e,.N
133 OR ICE BUILD-UR.BUYER HAS I HAS NOT RECEIVED A REAL ESTATE TRANSFER DISCLOSURE STATEMENT.
- InTe mel
134.BUYER HAS RECEIVED THE TRUTH IN HOUSING INSPECTION REPORT,IF REQUIRED BY MUNICIPALITY.
135.BUYER HAS RECEIVED THE WELL DISCLOSURE STATEMENT REQUIRED BY MINNESOTA STATUTES SEC. 1031.235.
136 BUYER&SELLER INITIAL:Buyer(s) Seller(s)
137.I ACKNOWLEDGE THAT-iAVE pECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE AND
138.RESIDENTIAL REAL PROPERTY A)BITRATION AGREEMENT.
139.SELLER(S) BUYER(S)
140.SELLER(S) BUYER(S)
141. NOTICE
142. Represents
1,4-1
143Represents
Is.wsl IC..' 'V NO.wI
144.THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS.
145.I,the owner of the property,accept This agreetrent and authorize I agree to,purchase the property for the price and on the
146 the listing broker to withdraw said properly Intim'the market, • terms and conditions set lorth,above.
147.unless instructed otherwise in writing. ,1
14X X
6 (Settee Seamen) tees) Miner's Steele.) (Ore)
149. (Wye.Printed Name)
(Saes Relied Name)
150. (Mired errs) (Seder Security Number) (Hoer Sem)SealyNuelerl
X
151.X tore) lalryer's s'w "i (Oelel
Melee Strreesl
152.
ISser'e PaNid Nem.l (Starl Printed Nome)
153 Ieeew Security Nuttier) (WOW Sres) ISsYI Security ranberl IMrsxel SMa)
154.FINAL ACCEPTANCE DATE
155. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS.
156 MN:PAI3(999) IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
•
VACANT LAND ADDENDUM
• • • 'This form approved by the Minnesota Association of
REAL1DRS•,which disclaims any liability
arising out of use or misuse of this form.
1•r c • 1. Date
2. Page of Pages
I
a Addendum to Purchase Agreement between parties dated _ , 19 pertaining to the purchase
4.and sale of the properly at the South Wast Corner of Vierling Drive and County Road 16.
5
6 SPECIAL CONTINGENCIES: This Purchase Agreement is subject to the following contingencies and if the following contingencies checked
7.below cannot be satisfied or waived,in writing,by Buyer by August 15 ,1996 ,this Purchase Agreement shall become
B.null and void and all earnest money shall be refunded todhe Buyer.Buyers and Sellers agree to sign a cancellation of the Purchase Agreement.
9.(Select appropriate oPtions a-h) f �f
10.11(a)X®1X®(XSELLER shall provide a certificate of survey of the property,at"e""a SELLER expense,not later than
11 August 1, 1996 ,
12.0(b) Buyer obtaining approval of cit township of proposed building plans and specifications at BUYER/SELLER expense.
1a i7(c) Buyer obtaining approval of cityAownship of proposed subdivision development plans al BUYER/SELLER expense.
14.Cl(d) Buyer obtaining approval of city/township for rezoning or use permits at BUYER/SELLER expense.
15.EX(e) Buyer obtaining at BUYER ikettjj expense,percolation tests which are acceptable to Buyer.
16.fX(f) Buyer obtaining at INFDDI(SELLER expense,soil tests which indicate that the properly may be improved without extraordinary building
17. methods or cost.
18.❑(9) Buyer obtaining approval of building plans and/or specifications in accordance with any recorded subdivision covenants and approval of
19. the architectural control committee,
20.❑(h) OTHER:1'u
21.
22.Seller's expenses for these contingencies(if any)shall not exceed S
2a Seller grants permission of access to the properly for testing and surveying purposes.
24.PLEASE NOTE: Buyer may,incur additional charges Improving the properly including but not limited to: Hook-up and/or access charges,
25.municipal charges,costs for sewer access,'stubbing access,water access,park dedication,road access,utility connection and connecting
26 fees,curb cuts and tree planting charges.
27.SPECIAL WARRANTIES: Seller warrants that the property described In this Purchase Agreement consists of approximately
28. 14.51 ACRES KSIMARIDEEE11 and Is currently zoned R-2
29.Seller warrants that the property X111 IS NOT in the designated 100 year flood plain area.
30.Seller warrants that the property DOES/DOES NOT currently receive preferential lax treatment(i.e.,Green Acres,etc).
aw
31.OTHER:
I .i ;.1, I i I •
r, .
32.
Isere, sero laum+, Mao
33
(Seim) learn 113.4.4 taaq
34 THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS.
IC ,�Vfl r rir-,n,-, -r+I. nr,T"v ,r,.rr ...,,r•,:..r. .. r .. , ,_...,,r r ,. ,,,
145 . We, the owners of the property, We agree to purchase the property
146 . accept this agreement and for the price and on the terms and
147 . authorize the listing broker to conditions set forth above .
148 . withdraw said property from the
149 . market, unless instructed other-
150 . wise 4 writing.
151 . X ( ?t ._k �� ce-Gt, 7-J �
3 '0 X
(Se1 J' s Si ature) (Date) (Buyer' s Signature) (Date)
152 . Eugene F. Hauer Jeff M. Henderson
(Seller' s Printed Name) (Buyer' s Printed Name)
153 . /-77...3-.3y- .7y,3 ,' iu' uc� Mayor of the City of Shakopee
(S.S. No. ) (Marital Status) (Title)
154 . X 1C vY� �/,',4 GC 7-1) 6 x
Sever' s Signature) (Date) (Buyer' s Signature) (Date)
155 . Virginia T. Hauer Mark McNeill
(Seller' s Printed Name) (Buyer' s Printed Name)
156 . q70-- 3 4,- e96 7 1 Meat ( e cl City Administrator
(S.S. No. ) (Marital Status) (Title)
157. X CG� )7,0-44 X
eller s Signature) (Date) (Buyer' s Signature) (Date)
158 . James J. Hauer Judith S. Cox
(Seller' s Printed Name) (Buyer' s Printed Name)
159. 44 1. - 3 F.- 77j0.4,j City Clerk
(S.S. No. ) (Marital Status) (Title)
160 . X 277 7� ,.�,7��-0 6
(Sellet s Signature) (Date)
161. Mary Ann Hauer
(Seller' s Printed Name)
162 . 470 -L/lv •j /, 7 /2Z
(S.S. No. ) (Marital Status)
163 . 4:(, ./t4(L'L 44/
(Seller' § Signature) e)
164 . Jane M: Hauer
(Seller' s Printed Name) /J r-
165 . �O� . ,�1 j� - 1V4✓�(.t-, 7
(S.S. No. ) (Marital Status)
EXHIBIT A
ALLAN'S LAND SURVEYING
Subdivision Design & Cost Analysis
Planning & Construction
Allan R. Hastings
121 Lewis Street S.
Shakopee. MN 55379
Phone: (612) 445-4027
Proposed descrijtion for Gene Hauer
That part pf the Northeast Quarter of the Southeast Quarter and the Southeast
of the Northeast Quarter of Section 8, Township 115, Range 22, Scott County,
Minnesota; lying northerly of the north right of way line of MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 70-7 and southeasterly of the plat of HAUER'S
4TH ADDITION, all in Scott County as on file and of record in the Office of the
County Recorder and southwesterly of the centerline of County Road No. 16 ( Eagle
Creek Blvd.) and excepting therefrom the following described property lying westerly
and northerly of the following described line; Commencing at the most easterly corner
of HAUER'S 4TH ADDITION; thence N 290 24' 30" B (assumed bearing) along the easterly
line of HAUER'S 3RD ADDITION to the centerline of County Road No. 16 a distance of
50.00 feet; thence S 600 35' 30" B along sid centerline of County Road No. 16 a
distance of 181.98 feet to the point of beginning of said line; thence S 370 21' 00" W
a distance of 50.48 feet to the southerly right of way of said County Road No. 16,
distant 175.00 feet southeasterly of said most easterly corner of HAUER'S 4TH ADDITION;
thence continuing S 370.21' 00" W a distance of 268.47 feet; thence N 600 35' 30" W a
distance of 175.00 feet to the easterly line of said HAUER'S 4TH ADDITION and there
terminate.
Containing 14.52 acres more or less
Subject to easements of record if Any. 111111)
Dated: July 11, 1996 aw ! (11. .
Allan R. Hastings
Minnesota Registration No. 17009
•
L21 Lewis Street S.
Suite No. 102
••
Shakopee, Minnesota
55379
Phone 612 445-4027
EXHIBIT A
ALLAN'S LAND SURVEYING
Subdivision Design E. Cost Analysis
Planning & Construction
AIIon R. Hastings
121 Lewis Street S.
Shakopee. MN 55379
Phone: (612) 445-4027
Proposed description for Gene Hauer
That part pf the Northeast Quarter of the Southeast Quarter and the Southeast
of the Northeast Quarter of Section 8, Township 115, Range 22, Scott County,
Minnesota; lying northerly of the north right of way line of MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 70-7 and southeasterly of the plat of HAUER'S
4TH ADDITION, all in Scott County as on file and of record in the Office of the
County Recorder and southwesterly of the centerline of County Road No. 16 ( Eagle
Creek Blvd.) and excepting therefrom the following described property lying westerl*
and northerly of the following described line; Commencing at the most easterly corner
of HAUER'S 4TH ADDITION; thence N 29° 24' 30" B (assumed bearing) along the easterly
line of HAUER'S 3RD ADDITION to the centerline of County Road No. 16 a distance of
50.00 feet; thence S 600 35' 30" B along slid centerline of County Road No. 16 a
distance of 181.98 feet to the point of beginning of said line; thence S 370 21' 00" W
a distance of 50.48 feet to the southerly right of way of said County Road No. 16, •
distant 175.00 feet southeasterly of said most easterly corner of HAUER'S 4TH ADDITION;
thence continuing S 370.21' 00" W a distance of 268.47 feet; thence N 600 35' 30" W a
distance of 175.00 feet to the easterly line of said HAUER'S 4TH ADDITION and there
terminate.
Containing 14.52 acres more or less
Subject to easements of record if any.
Dated; July 112 1996
Allan R. Hastings
Minnesota Registration No. 17009
• J.21 Lewis Street S.
Suite No. 102
Shakopee, Minnesota
55379
D4.n�n R17 AA _At )7
145 . We, the owners of :he property, We agree to purchase the property
146 . accept this agreement and for the price and on the terms and
147 . authorize the listing broker to conditions set forth above .
148 . withdraw said property from the
149 . market , unless instructed other-
:50 . wise i;s1 writing.
151 . X / ' 'r �_l �� ;2.4/-2.LG 7--)3 -e16 X
(Sell is Signature) (Date) (Buyer' s Signature) (Date)
152 . Eugene F. Hauer Jeff M. Henderson
(Seller' s Printed Name) (Buyer' s Printed Name)
153 . y7:3-3Y 3 , v&vu ' Mayor of the City of Shakopee
(S.S. No. ) (Marital Status) (Title)
154 . X �
'�- - /.cGLGC��� 7 1) �(� x
Se er' s Signature) (Date) (Buyer' s Signature) (Date)
155 . Virginia T. Hauer Mark McNeill
(Seller' s Printed Name) (Buyer' s Printed Name)
156 . 47o-- 3G- '% 7 ( Meas ed City Administrator
(S.S. No. ) (Marital Status) (Title)
157. X ���-�� X
eller' s"Si Signature) (Date) (Buyer' s Si ature) (Date)
9n Y �
158 . James J. Hauer Judith S. Cox
(Seller' s Printed Name) JJ (Buyer' s Printed Name)
159. lo� ' 3 �' a ( /'+- -121 a,„:.,1 City Clerk
(S.S. No. ) (Marital Status) (Title)
160 . X ' le:/47 .?14c
(Sellet s Signature) (Date)
:61 . Mary Ann Hauer
(Seller' s Printed Name)
162 . 'O -��lv - 7 //2Z .-...:zC
(S.S. No. ) (Marital Status)
163 . 1 �f )64/1'(-
(Seller' . Signature) ( te)
164 . Jane M: Hauer
(Seller' s/ Printed Name)
165 . e; , - 2? . t� (�4✓�cp
(S.S. No. ) (Marital Status)
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PURCHASE AGREEMENT
• This form approved by the Minnesota Association of
• REALTORS",which disclaims any liability
arising out of use or misuse of this form.
1. Date
2. Page 1 of Pages
3 RECEIVED OF the City of Shakopee, Minnesota,
4.
5. the sum of Five Hundred and No/100 Dollars ($ 500.00
6. by CHECKTOCLISBULGTECas earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or
7. before the next business day after acceptance, in a trust account of listing broker but to be returned to Buyer if Purchase
a Agreement is not accepted by Seller. Said earnest money is part payment for the purchase of the property located at:
9. Street Address: the South West corner of Vierling Drive and County Road 16,
10. City of Shakopee , County of Scott , State of Minnesota,
11. Legally described as: (See attached Exhibit A. )
12.
13 including the following property, if any, owned by Seller and used and located on said property: garden bulbs, plants, shrubs, and
14. trees; storm sash, storm doors, screens and awnings; window shades, blinds, traverse and curtain and drapery rods; attached lighting
15. fixtures and bulbs; plumbing fixtures, water heater, heating plants (with any burners, tanks, stokers and other equipment used in
16. connection therewith),built-in air conditioning equipment,electronic air filter,Water Softener OWNED/RENTED/NONE, built-in humidifier
17. and dehumidifier, liquid gas tank and controls (if the property of Seller), sump pump; attached television antenna, cable TV jacks
18. and wiring; BUILT-INS: dishwashers, garbage disposals, trash compactors, ovens, cook top stoves, microwave ovens, hood fans,
19. intercoms; ATTACHED: carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and
20. heatilators; AND: the following personal property: _None.
21.
22. _
23 all of which property Seller has this day agreed to sell to Buyer for sum of: ($ 348,240.00
24. Three Hundred Forty-Eight Thousand, Two Hundred Forty and No/100 Dollars,
25. which Buyer agrees to pay in the following manner: Earnest money of $ 500.00
26. and $ 347,740.00 cash on August 15, 1996 ,the date of closing, and
27. the balance of$ -0-
by financing in accordance with the attached addendum:
26. Conventional FHA VA_ Assumption Contract for Deed Other:
29. This Purchase Agreement XSX IS NOT subject to a contingency addendum. (If answer is IS, see attached addendum.)
30. This Purchase Agreement}(j}( IS NOT subject to cancellation of a previously written Purchase Agreement dated
31. This Purchase Agreement AS 1 IS.NOT subject to an Inspection Addendum. (If answer is IS, see attached addendum.)
32. Attached are other addenda which are made a part of this Purchase Agreement. (Enter page or pages on line 2)
33 DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a General Warranty Deed
34. joined in by spouse, if any, conveying marketable title, subject to:
35. (A) Building and zoning laws,ordinances,state and federal regulations;(B) Restrictions relating to use or improvement of the property without
36. effective forfeiture provisions;(C) Reservation of any mineral rights by the State of Minnesota;(D) Utility and drainage easements which do not
3Z interfere with existing improvements; (E) Rights of tenants as follows (unless specified, not subject to tenancies):
38.
39. (F) Others (Must be specified in writing):
40. SPECIAL ASSESSMENTS shall be paid as follows:
BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING/SEICERSHXKKIPKICIDIFIXACIVORXECSINIMGC all installments
42. of special assessments certified for payment with the real estate taxes due and payable in the year of closing.
ry r 43 BUYER SHALL ASSUME MOC$I�AVicrla on date of closing all other special assessments levied as of the date of closing.
.a NI..N.wM� _-
44.BUYEF.1._SHALL,ABStimitantilargefffiyMasnatt special assessments pending as of the date of this agreement for
45. improvements that have been ordered by the City Council or other assessing authorities.(Seller's provision for payment shall be by payment into
46. escrow of 2 times the estimated amount of the assessments, or less as required by Buyer's lender.)
47. BEIXEMBORMULIESOMIEN SELLER_SHALL PAY on date of closing any deferred real estate taxes (i.e. Green Acres, etc.) or special
48. assessments payment of which is required as a result of the closing of this sale. Buyer shall pay real estate taxes due and payable in the
49. year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not
50. otherwise provided.
51. As c the date d this agreement, Seller represents that Seller It ititEK HAS NOT received a notice of hearing for a new public improvement
52. project from any governmental assessing authority, the costs of which project may be assessed against the property. If a notice of pending
53 special assessment is issued after the date of this agreement and on or before the date of closing, Buyer shall assume payment of
54. ALL /] XKIgIHHRX of any such special assessments, and Seller shall provide for payment on
KMIM u»,
55. date of closing ALL / NONE / OTHER: of any such special assessments. If such special
56, assessments or escrow amounts for said special assessments as required by Buyer's lender shall exceed $ , this
57. Purchase Agreement shall be nun and void at Seller's option; parties agree to sign cancellation of Purchase Agreement and all earnest
5a money paid hereunder shall be refunded to Buyer, unless one or both of the parties agrees in writing on or before the date of closing, to
59. assume, pay, or provide for the payment of such excess.
60. Steller and Buyer Initial Seller(s)_____ __ .. . __ Datil Rinmrlal
• PURCHASE AGREEMENT
This form approved by the Minnesota Association of
REALTORS", which disclaims any liability
arising out of use or misuse of this form.
1. Date
2. Page 1 of Pages
a RECEIVED OF the City of Shakopee, Minnesota,
4.
5. the sum of Five Hundred and No/100 Dollars ($ 500.00
S by CHECKIROWIICRECas earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or.
7. before the next business day after acceptance, in a trust account of listing broker but to be returned to Buyer if Purchase
a Agreement is not accepted by Seller. Said earnest money is part payment for the purchase of the property located at:
9. Street Address: the South West corner of Vierling Drive and County Road 16,
10. Cityof Shakopee County of Scott
, State of Minnesota,
11. Legally described as: (See attached Exhibit A.)
12.
13 including the following property, if any, owned by Seller and used and locatedon said property: garden bulbs, plants, shrubs, and
14. trees; storm sash, storm doors, screens and awnings; window shades, blinds, traverse and curtain and drapery rods; attached lighting
15. fixtures and bulbs; plumbing fixtures, water heater, heating plants (with any burners, tanks, stokers and other equipment used in
16 connection therewith),built-in air conditioning equipment,electronic air filter,Water Softener OWNED/RENTED/NONE, built-in humidifier
17. and dehumidifier, liquid gas tank and controls (if the property of Seller), sump pump; attached television antenna, cable TV jacks
1a and wiring; BUILT-INS: dishwashers, garbage disposals, trash compactors, ovens, cook top stoves, microwave ovens, hood fans,
19. intercoms; ATTACHED: carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and
20. heatilators; AND: the following personal property: None.
21.
22. _
23 all of which property Seller has this day agreed to sell to Buyer for sum of: ($ 348,240.00
24. Three Hundred Forty-Eight Thousand, Two Hundred Forty and No/100 Dollars,
25. which Buyer agrees to pay in the following manner: Earnest money of $ 500.00
26. and $ 347,740.00 cash on August 15, 1996 ,the date of closing, and
27. the balance of$ -0- by financing in accordance with the attached addendum:
28. Conventional FHA VA Assumption Contract for Deed Other:
29. This Purchase Agreement XSX IS NOT subject to a contingency addendum. (If answer is IS, see attached addendum.)
30. This Purchase Agreement 117( ISpNOT subject to cancellation of a previously written Purchase Agreement dated
31. This Purchase Agreement XSX IS NOT subject to an Inspection Addendum. (If answer is IS, see attached addendum.)
32. Attached are other addenda which are made a part of this Purchase Agreement. (Enter page or pages on line 2)
33 DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a General Warranty Deed
34. joined in by spouse, if any, conveying marketable title, subject to:
35. (A) Building and zoning laws,ordinances,state and federal regulations;(B) Restrictions relating to use or improvement of the property without
36. effective forfeiture provisions;(C) Reservation of any mineral rights by the State of Minnesota;(D) Utility and drainage easements which do not
37. interfere with existing improvements; (E) Rights of tenants as follows (unless specified, not subject to tenancies):
38.
39. (F) Others (Must be specified in writing):
40. SPECIAL ASSESSMENTS shall be paid as follows:
41. BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING/SILIZERMIIXKLAKIUDIICCIMMIKERIISKAK all installments
42. of special assessments certified for payment with the real estate taxes due and payable in the year of closing.
43 BUYER SHALL ASSUME / ( bilik4MX on date of closing all other special assessments levied as of the date of closing.
44. BUYER SHALL ASSUME Mataptifiwgini.giumetlymmixox special assessments pending as of the date of this agreement for
45. improvements that have been ordered by the City Council or other assessing authorities.(Seller's provision for payment shall be by payment into
46. escrow of 2 times the estimated amount of the assessments, or less as required by Buyer's lender.)
47. RRXBIf.79Hfgf:7[XASSA9111T SELLER SHALL PAY on date of closing any deferred real estate taxes (i.e. Green Acres, etc.) or special
48. assessments payment of which is required as a result of the closing of this sale. Buyer shall pay real estate taxes due and payable in the
49. year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not
50. otherwise provided.
51. As of the date of this agreement, Seller represents that Seller )H (XHASon,l NOT received a notice of hearing for a new public improvement
(cYc4 ...
52. project from any governmental assessing authority,the costs of which project may be assessed against the property. If.a notice of pending
53. special assessment is issued after the date of this agreement and on or before the date of closing, Buyer shall assume payment of
54. ALL I MONECKSIINIM of any such special assessments, and Seller shall provide for payment on
1,xa4 oral
55. date of closing ALL / NONE / OTHER: of any such special assessments. If such special
56. assessments or escrow amounts for said special assessments as required by Buyer's lender shall exceed $ , this
57. Purchase Agreement shall be null and void at Seller's option; parties agree to sign cancellation of Purchase Agreement and all earnest
58. money paid hereunder shall be refunded to Buyer, unless one or both of the parties agrees in writing on or before the date of closing, to
59. assume, pay, or provide for the payment of such excess.
60. Seller and Buyer Initial' Seller(s) Date Buyers) Date_.
PURCHASE AGREEMENT
62. Page 2
63 TITLE & EXAMINATION: Seller shall, within a reasonable time after acceptance of this agreement, furnish an abstract of title, or a registered
64. property abstract, certified to date to include proper searches covering bankruptcies, state and federal judgments and liens, and levied and
65. pending special assessments. Buyer shall be allowed 10 business days after receipt of abstract for examination of title and making any objections
66 which shall be made in writing or deemed waived. If any objection is so made,Seller shall have 10 business days from receipt of Buyer's written
67. title objections to notify Buyer of Seller's intention to make title marketable within 120 days from Seller's receipt of such written objection. If notice
68 is given,payments hereunder required shall be postponed pending correction of title,but upon correction of title and within 10 days after written
69. notice to Buyer the parties shall perform this Purchase Agreement according to its terms. If no such notice is given or if notice is given but
70. title is not corrected within the time provided for, this Purchase Agreement shall be null and void, at option of Buyer; neither party shall be liable
71. for damages hereunder to the other and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign cancellation of Purchase
72. Agreement. BUYER AGREES TO ACCEPT AN OWNER'S TITLE POLICY IN THE FULL AMOUNT OF THE PURCHASE PRICE IN LIEU
73 OF AN ABSTRACT OF TITLE IF THE PROPERTY IS SUBJECT TO A MASTER ABSTRACT OR IF NO ABSTRACT OF TITLE IS IN SELLER'S
74. POSSESSION OR CONTROL.If Buyer is to receive such policy(1)the title examination period shall commence upon Buyer's receipt of a current
75. title insurance commitment and(2) Seller shall pay the entire premium for such policy if no lender's policy is obtained, and only the additional
76 cost of obtaining a simultaneously issued owner's policy if a lender's policy is obtained (Buyer shall pay the premium for the lender's policy).
77. SUBDIVISION OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay all subdivision expenses
78. and obtain all necessary governmental approvals. Seller warrants the legal description of the real property to be conveyed has been or will
7a be approved for recording as of the date of closing.
80. SELLER WARRANTIES:SELLER WARRANTS THAT BUILDINGS,ARE OR WILL BE,CONSTRUCTED ENTIRELY WITHIN THE BOUNDARY
81. LINES OF THE PROPERTY.SELLER WARRANTS THAT THERE IS A RIGHT OF ACCESS TO THE PROPERTY FROM A PUBLIC RIGHT
82. OF WAY. THESE WARRANTIES SHALL SURVIVE THE DELIVERY OF THE DEED OR CONTRACT FOR DEED.
83 SELLER WARRANTS THAT PRIOR TO THE CLOSING, PAYMENT IN FULL WILL HAVE BEEN MADE FOR ALL LABOR, MATERIALS,
84. MACHINERY,FIXTURES OR TOOLS FURNISHED WITHIN THE 120 DAYS IMMEDIATELY PRECEDING THE CLOSING IN CONNECTION
85. WITH CONSTRUCTION, ALTERATION OR REPAIR OF ANY STRUCTURE ON OR IMPROVEMENT TO THE PROPERTY.
86 SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION
87. OF ANY LAW,ORDINANCE OR REGULATION. IF THE PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS, SELLER WARRANTS
88 THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY PERSON OR AUTHORITY AS TO A BREACH OF THE COVENANTS.ANY
89. NOTICES RECEIVED BY SELLER WILL BE PROVIDED TO BUYER IMMEDIATELY.
90. RISK OF LOSS: If there is any loss or damage to the property between the date hereof and the date of closing, for any reason including
91. fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the property is destroyed or substantially damaged before
92. the closing date, this Purchase Agreement shall become null and void, at Buyer's option, and earnest money shall be refunded to Buyer:
93 Buyer and Seller agree to sign cancellation of Purchase Agreement.
94. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement.
95. ENTIRE AGREEMENT:This Purchase Agreement,any attached exhibits and any addenda or amendments signed by the parties,shall constitute
96 the entire agreement between Seller and Buyer,and supercedes any other written or oral agreements between Seller and Buyer. This Purchase
97 Agreement can be modified only in writing signed by Seller and Buyer.
98 ACCEPTANCE: Buyer understands and agrees that this Purchase Agreement is subject to acceptance by Seller in writing. The delivery of
99. all papers and monies shall be made at the listing broker's office.
100. DEFAULT: If Buyer defaults in any of the agreements herein, Seller may terminate this Purchase Agreement, and payments made hereunder
101. may be retained by Seller as liquidated damages. If this Purchase Agreement is not so terminated, Buyer or Seller may seek actual damages
102. for breach of this Agreement or specific performance of this Agreement; and, as to specific performance, such action must be commenced
103 within six months after such right of action arises.
.( 4.
'
PURCHASE AGREEMENT
104. Address
f ' 105. Page 3 Date
Fr •
106. REAL ESTATE TAXES shall be paid as follows:
107. Buyer shall pay, RREVEREDLIERIDMMINCIRMUOMU____6_12THSXAMMONEICX real estate taxes due and payable in the year 19 96
tome 0ne)
108. Seiler Shell pal q3R6F1.A79 TO DAY OF CLOSING,_12THS,ALL,NONE real estate taxes due and payable in the year 19 .If the
109. closing date is changed, the real estate taxes paid shall, if prorated, be adjusted to the new closing date. Seller warrants taxes due and
110. payable in the year 19 96 will be I Kti-JEllUITARhomestead classification. If part or non-homestead classification is circled,
(mom
o ar
111. Seller agrees to pay Buyer at closing $ '0- toward the non-homestead
112. portion of the real estate taxes. Buyer agrees to pay-art remaining balance of non-homestead taxes when they become due and payable.
113 No representations are made concerning the amount of subsequent real estate taxes.
114. POSSESSION: Seller shall deliver possession of theroperty not later than • immediately after closing.
115. All interest, homeownetl association dues, temp, fuel oilt�iquid petroleum gas and all charges for city water, city sewer, electricity,and natural
116. gas shall be prorated between the parties as of date of closing. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY
117. NOT INCLUDED HEREIN from the property by possession date.
118. ENVIRONMENTAL CONCERNS:To the best of the Seller's knowledge there are no hazardous substances,or underground storage tanks,except
119. herein noted: None.
120.
121. SPECIAL WARRANTIES:
122. SELLER WARRANTS THAT THE PROPERTY.( DIRECTLY CONNECTED TO: CITY SEWER OYES ONO CITY WATER OYESXJNO
123 SELLER/BUYER AGREES TO PROVIDE WATER QUALITY TEST RESULTS AND/OR SEPTIC SYSTEM CERTIFICATION IF REQUIRED BY
Wm*Drop ,
124. GOVERNING AUTHORITY)AND/ R'LENDER: SELLER WARRANTS THAT ALL APPLIANCES, HEATING,AIR CONDITIONING, WIRING
125. AND PLUMBING SYSTEMS USED AND LOCATED ON SAID PROPERTY WILL BE IN WORKING ORDER ON THE DATE OF CLOSING,
12& EXCEPT AS NOTED ON ATTACHED ADDENDUM. BUYER HAS THE RIGHT TO INSPECT PROPERTY PRIOR TO CLOSING.
127. OTHER: This sale is under threat of condemnation by Buyer.
128. Buye.r.str4 pay? fµcur,g: trunk water charges, estimated at $16,358.00.
129. BUYER ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING POSSIBLE PROBLEMS OF WATER
130. IN BASEMENT, OR DAMAGE CAUSED BY WATEROR ICE BUILD-UP ON THE ROOF OF THE PROPERTY AND BUYER RELIES
131. SOLELY IN THAT REGARD ON THE FOLLOWING-,TAfdMENT BY SELLER:
132. SELLER HAS/HAS NOT HAD A,WET BASEMENT,AND HAS/HAS NOT HAD ROOF,WALL OR CEILING DAMAGE CAUSED BY WATER
t4•. Ic¢4 aro) Ict.cN ono)
133 OR ICE BUILD-UP BUYER HAS / HAS NOT RECEIVED A REAL ESTATE TRANSFER DISCLOSURE STATEMENT.
134. BUYER HAS RECEIVED THE TRUTH IN HOUSING INSPECTION REPORT, IF REQUIRED BY MUNICIPALITY.
135. BUYER HAS RECEIVED THE WELL DISCLOSURE STATEMENT REQUIRED BY MINNESOTA STATUTES SEC. 1031.235.
13& BUYER & SELLER INITIAL: Buyer(s) Seller(s)
137. I ACKNOWLEDGE THAT• AVE ECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE AND
138. RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT
/ •'
139. SELLER(S) BUYER(S)
140. SELLER(S) BUYER(S)
141. NOTICE
142. Represents
(Oem) (Company Name)
143 Represents
•M.4) (Company Name)
14.4. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS.
145. I, the owner of the property, accept this agreeipent and authorize I agree to,purchase the property for the price and on the
146 the listing broker to withdraw said property from'the market, t4rms and'conditions set forth.above.
147. unless instructed otherwise in writing.
148 X X
(Seller's Signature) (Dee) (Buyer's Sipntrure) (Dare)
149.
(Seller's Printed Name) (Buyer's Palled Name)
15G
(Social Security Num) (Manu Sups) (Social Security Number) (Manor Status)
151. X X • •
(Seller's Spann) POO (Bantu's Sigratus) (pals)
152.
(Seeerr's Printed Name) (Buyer's Printed Name)
153
(dial Security Number) (Marital Stew) (Social Security Nunes) (Mem Status)
154. FINAL ACCEPTANCE DATE
155. THIS IS A LEGALLY BINDING CONTRACT'BETWEEN BUYERS AND SELLERS.
15& MN:Pli3(8193) IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. •
r- Y ,
r VACANT LAND ADDENDUM
• . •This form approved by the Minnesota Association of
r REALTORS®,which disclaims any liability
arising out of use or misuse of this form.
4 c , 1. Date
2. Page of Pages
I
I /
a Addendum to Purchase Agreement between parties dated , 19 pertaining to the purchase
4.and sale of the property at the South Wdst Corner of Vierling Drive and County Road 16.
5.
fi SPECIAL CONTINGENCIES: This Purchase Agreement is subject to the following contingencies and if the following contingencies checked
7.below cannot be satisfied or waived, in writing, by Buyer by August 15 , 1996 , this Purchase Agreement shall become
6.null and void and all earnest money shall be refunded totthe Buyer.Buyers and Sellers agree to sign a cancellation of the Purchase Agreement.
li
9.(Select appropriate options a-h) 1
10.%] (a) IX SELLER shall provide a certificate of survey of the property, atQIMSELLER expense, not later than
nr,e,
11. August 1, 19 96 .
12. 0 (b) Buyer obtaining approval of city/township of proposed building plans and specifications at BUYER crtac/SELLER expense.
( one,
13. O (c) Buyer obtaining approval of city/township of proposed subdivision development plans at 9UYER/SELLER expense.
orcre onn,
14. 0 (d) Buyer obtaining approval of city/township for rezoning or use permits at BUYER/SELLER expense.
(orcre are)
15. LX(e) Buyer obtaining at BUYEF%/AMMO expense, percolation tests which are acceptable to Buyer.
• 16. a(f) Buyer obtaining atICHERIN SELLER expense,soil tests which indicate that the property may be improved without extraordinary building
(,nun r,nr„
17. methods or cost.
la 0 (g) Buyer obtaining approval of building plans and/or specifications in accordance with any recorded subdivision covenants and approval of
19. the architectural control committee, .
20. 0 (h) GFIER t 'U
21.
22.Seller's expenses for these contingencies (if any) shall not exceed $
23.Seller grants permission of access to the property for testing and surveying purposes.
24.PLEASE NOTE: Buyer may,incur additional charges improving the property including but not limited to: Hook-up and/or access charges,
hl;, 25.mur>,pipal charges, costs for sewer'access,'stubbing access,water access, park dedicdtion,road access, utility cpnnection and connecting
26 fees, curb cuts and tree planting charges.
27.SPECIAL WARRANTIES: Seller warrants that the property described in this Purchase Agreement consists of approximately
28 14.51 ACRES M;�4 and is currently zoned R-2
--- .---- Imre mn,
29.Seller warrants that the property;G X IS NOT in the designated 100 year flood plain area.
30.Seller warrants that the property DOES/DOES NOT currently receive preferential tax treatment (i.e., Green Acres, etc.).
(cote ono) .
31.OTHER:
. L ,. ,
i
1 I 1 I, I i ,
1 ( L
r
32.
(Seller) Pete) (& (Dale)
3a
(Seller)
(Deb) Dryer) Pie)
34. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS.
35. :, IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
IA AAN VI A (WWII
145 .' We, the owners of the property, We agree to purchase the property
146 . accept this agreement and for the. price and on the terms and
147 . authorize the listing broker to conditions set forth above .
148 . withdraw said property from the
149 . market, unless instructed other-
150 . wise 4 writing.
151. X C e3��; ,L` FiccG'„ 7-.23^e10 X
(Self' s Si ature) (Date) (Buyer' s Signature) (Date)
152 . Eugene F. Hauer Jeff M. Henderson
(Seller' s Printed Name) /n� (Buyer' s Printed Name)
153 y7._3 y— 7 vi3 /hu�r.tcc�/ Mayor of the City of Shakopee
(S.S. No. ) (Marital Status) (Title)
154 . X 1L z.II.GN/.� ue."2�� 7`�)-96 x
Sel er' s Signature) (Date) (Buyer's Signature) (Date)
155 . Virginia T. Hauer Mark McNeill
(Seller' s Printed Name) (Buyer' s Printed Name)
156 . 4/7O— 3 is- t')10 7 ( M Parr i e d City Administrator
(S.S. No. ) (Marital Status) (Title)
157. X 44„44,. )7,2.)..4/: X
eller' s Signature) (Date) (Buyer' s Signature) (Date)
158 . James J. Hauer Judith S. Cox
(Seller' s Printed Name) JJ (Buyer's Printed Name)
159. �$ - 3 �' 1 a( /1+- lJa�n•:��' City Clerk
(S.S. No. ) (Marital Status) (Title)
160 . X4� > ��)- 6
4
(Selle s Signature) (Date)
161. Mary Ann Hauer
(Seller' s Printed Name)
162 . /70
(S.S. No. ) (Marital Status)
163 . A61.��� 2�- 7� �Zi
(Seller' Signature) ( te)
164 . Jane M: Hauer
(Seller's Printed Name)
165 . 7dorCe-t4:0
(S.S. No. ) (Marital Status)
•
EXHIBIT A
ALLAN'S LAND SURVEYING
Subdivision Design & Cost Analysis
Planning & Construction
Allan R. Hastings
121 Lewis Street S.
Shakopee, MN 55379
Phone:(612) 445-4027
Proposed descrijtion for Gene Hauer
That part pf the Northeast Quarter of the Southeast Quarter and the Southeast
of the Northeast Quarter of Section 8, Township 115, Range 22, Scott County,
Minnesota; lying northerly of the north right of way line of MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 70-7 and southeasterly of the plat of HAUER'S
4TH ADDITION, all in Scott County as on file and of record in the Office of the
County Recorder and southwesterly of the centerline of County Road No. 16 ( Eagle
Creek Blvd.) and excepting therefrom the following described property lying westerly
and northerly of the following described line; Commencing at the most easterly corner
1
of HAUER'S 4TH 'ADDITION; thence N 290 24' 30" B (assumed bearing) along the easterly
line of HAUER'S 3RD ADDITION to the centerline of County Road No. 16 a distance of
50.00 feet; thence S 600 35' 30" B along sid centerline of County Road No. 16 a
distance of 181.98 feet to the point of beginning of said line; thence S 370 21' 00" W
a distance of 50.48 feet to the southerly right of way of said County Road No. 16,
distant 175.00 feet southeasterly of said most easterly corner of HAUER'S 4TH ADDITION;
thence continuing S 370. 21' 00" W a distance of 268.47 feet; thence N 600 35' 30" W a
distance of 175.00 feet to the easterly line of said HAUER'S 4TH ADDITION and there
terminate.
Containing 14.52 acres more or less
Subject to easements of record if any. 411111111
Dated: July 110 1996 NatAi I GI
Allan R. Hastings
Minnesota Registration No. 17009
•
11.21 Lewis Street S.
Suite No. 102
Shakopee, Minnesota
55379
Phone 612 445-4027
y,6
City Of Shakopee
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator tkw\
FROM: Gregg Voxland, Finance Director
SUBJ: Fire Department Equipment Survey
DATE: July 31, 1996
Introduction
Council directed a survey of other fire departments to
review the level of equipment needed in the fire department .
Background
Attached is a tabulation of mobile equipment in selected
fire departments. Chanhassen and Savage did not respond to
the survey and a follow up request has been sent.
As shown, Shakopee has the smallest population but the
second largest area. How the mix of residential versus
commercial/industrial property values impacts the equipment
level is not known.
Council will need to firm up the numbers to go into the fire
referendum soon. The information may impact the costs to be
included in the referendum for any fire trucks.
Action
Discuss and give staff direction.
Greg land
Finance Director
finance\budget\department\firesury
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612-339-6212 BKPR & ASSOCIATES 277 P01 AUG 09 '96 13:22
BKPR
ARC Mitt(t UKfr
INTCRIOR DESIGN
f N(:I Nf►I.I Nt:
FAX COVER SHEET
DATE: August 9, 1996 TIME: 12:32 PM
TO: Mark McNeil PHONE:
City of Shakopee FAX: 445-6718
•
FROM: Paul Mickelberg AIA PHONE: 612-339-3752
BKPR&Associates FAX: 612-339-6212
RE: Shakopee Fire Department 1087.05
CC: File
Number of pages including cover sheet: 2
Mark: Attached is the revised cost comparison sheets- We will mail you a hard
copy today as well. Hope this helps. .
Thanks, Paul
No hard copy to follow.
BOARMAN KROOS PFISTER RUDIN & ASSOCIATES
222 North Second Street • Minnt4poliy Minnesvra 55401 • Phone h1 Z .f.S9.57'2 • Fax 612-3 S9-h212
Ftp1J1(7{gfar.,n:[y F..gd[,y,•r
612-339-6212 BKPR & ASSOCIATES d-re P02 AUG 09 '96 13:22
CF1'Y OF SHAKOPEF
Station Size (Sq. Ft.) Cost per Sq Ft. Year Built
Little Canada Fire Station 12,000 $95 1990
Chaska Fire Station 21,000 $83 1996
Bloomington Fire Station 23,000 $92.50 1992
Brooklyn Park West Station 10,000 $101 1993
Brooklyn Park East Station 12,000 $119 1995
New Ulm Fire Station _ 11,500 $116 1996
Prior Lake Fire Station 17,600 $86.50 1995
Lake Johanna Fire Station 8,160 $110 1996
G:IUSERUCQFISTATION.XLS
low
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
WORKSESSION SHAKOPEE, MINNESOTA MAY 13, 1996
Mayor Henderson called the meeting to order at 5:10 in the meeting room at the Shakopee Public
Utilities building with Councilmembers DuBois, Sweeney, and Zorn present. Councilmember Link was
absent. Also present: Shakopee Public Utility Commission (SPUC) members Joseph Wolf, Terry
O'Toole, Andrew Unseth; SPUC staff: Lou Van Hout, Joe Adams, Barbara Menden; City staff: Barry
Stock, Gregg Voxland, Karen Marty, Judith S. Cox, Bruce Loney.
President O'Toole gave an overview of the SPUC service territory for electricity and reviewed the
amount of contributions that SPUC has provided to the City over the recent years from electric and
water revenues. He suggested that the City may wish to consider a franchise agreement with SPUC
which would then give the City something to also consider for NSP who provides energy to many
industrial users. The City is not receiving any compensation from NSP, only from SPUC at this time.
President O'Toole explained what revenue SPUC has on hand and identified the projected uses for it.
He explained that much of their staff time goes to the electric portion of their operation and they deal
with the City primarily on water related issues. He stated that Jon Albinson suggested that a task force
be established to address water issues of concern between the City and SPUC.
President O'Toole explained that SPUC is under no obligation to pay anything to the City but that they
chose to do so. He doesn't know how the 23.77% was arrived at and that they may need to take a look
at this percentage with their CIP in the future. He feels that if SPUC and the City enter into a contract
(rather than the current resolution) that this may also allow the City to obtain income from other areas.
Mr. Wolf explained that SPUC will be doing some strategic planning and that they are willing to meet
with city staff to investigate issues of mutual concern.
President O'Toole explained that legislation is being adopted which will provide for competition and
that SPUC needs to react to this by making plans and that they also feel a responsibility to deliver to the
City a revenue source and if they see any changes that they will come to the City.
Mr. Loney stated that four of the issues on the agenda can be addressed by the task force that was
mentioned earlier(SPUC Design Criteria and Specifications, Traffic Signal Electrical Power
Contribution by SPUC, Development Coordination Issues, and Inspection Consolidation). The one
issue that should be discussed now is the watermain assessments on street reconstruction projects
(SPUC Assessment Policy).
Discussion ensued on assessing 25% for watermain reconstruction. The need for a change in the
current policy of SPUC paying 100% for the reconstruction is because SPUC's CIP is no longer able to
fund the replacement of watermains each time that the City does a street reconstruction project. This is
due mainly to the City's aggressive reconstruction of streets. President O'Toole stated that they would
like to contract with a consultant to work with the task force to go out and see what other communities
are doing.
Official Proceedings of the May 13, 1996
Shakopee City Council (Worksession) Page -2-
Relating to SPUC design criteria and specifications, President O'Toole stated that Mr. Van Hout has
been asked to initiate their preparation.
Mr. Loney explained that there is confusion among contractors and that a hand out sheet may be helpful
identifying what the City oversees and what SPUC oversees.
Discussion ensued about an unpaid bill that has been sent to SPUC for a watermain reconstruction
project. Councilor Sweeney explained why the watermain may have been installed prior to coordinating
it with SPUC. He stated that when the street reconstruction project was planned that it was the intent
that the watermain was to be left in, since it was only plus/minus 25 years old. During reconstruction it
was disturbed and therefore needed to be replaced. He said that the new water system is of some
benefit to the system. The issue of SPUC benefit and payment level has not been addressed. It needs to
be determined what the benefit of the new watermain is to both the City and SPUC.
Councilor Sweeney suggested that Mr. Loney and Mr. Adams meet and work together to determine an
appropriate split between the City and SPUC for the watermain reconstruction and if they can't come to
resolution that a mediator be hired to resolve the matter.
Mr. Wolf stated that he would like to see the use of a Capital Improvement Plan (CIP). This kind of a
matter should be addressed before it comes to this point.
President O'Toole stated that Mr. Van Hout was positive about consolidating inspection and planning;
inspections with accountability.
Mayor Henderson stated that he would like to have the task force look into the inspection issue also.
President O'Toole reiterated that the City's revenue stream is electric and that he hoped that the water
issues can be resolved and put behind us.
Mr. Van Hout gave some background on SPUC's use of the old recreation building north of Levee
Drive and west of the old 169 bridge and the projected phase out of its use by SPUC. Originally the old
voltage system was to be phased out and the building would become no longer needed by 2003.
Because of the downtown underground project, some of the earlier phases have been completed ahead
of schedule and the question is whether or not to do the work scheduled for 2000-2003 earlier.
President O'Toole stated that SPUC will look at the old recreation building as the City addresses old
buildings in the downtown area. He said that it becomes a CIP problem.
Zorn/Sweeney moved to adjourn the meeting at 6:36 P.M.
C ("
pith S. Cox, City Clerk
• ecording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
WORKSESSION SHAKOPEE, MINNESOTA MAY 14, 1996
Mayor Henderson called the meeting to order at 4:05 P.M. with Councilmembers DuBois (at 4:06
P.M.), Zorn, Sweeney, and Link present. Also present: Barry Stock, Acting City Administrator;
Karen Marty, City Attorney; Judith S. Cox, City Clerk; Paul Bilotta, Community Development
Director; Gregg Voxland, Finance Director; Bruce Loney, Public Works Director; Tom
Steininger, Chief of Police; and Mark Huge, Fire Chief.
Sweeney/Zorn moved to approve the Minutes of April 9, 1996. Motion carried unanimously.
Mr. Voxland asked if the Council wished a short (20 minute) or a long (40-45 minute)
presentation by the auditors on the 1995 audit. Cncl.Sweeney recommended the short version
would probably provide the Council with sufficient information.
Councilmember DuBois arrived and took her seat.
Mr. Voxland gave a general overview of how the budget process works. He stated that the
general fund is the meat and potatoes of the budget discussions. Budget request work sheets will
be distributed to department heads on June 6th and the first budget worksession is scheduled for
July 30th.
Mr. Voxland asked Council to give staff direction and to discuss the 1997 budget on a conceptual
basis. Staff has already been directed to include in the 1997 budget costs for the internet and a
consultant to rebid insurance. Are there any changes in services desired or any expenditure cuts
that Council wishes to make?
Mr. Voxland explained that in the past Council has directed that the budget only allow for
increases equal to the increase in taxes generated by new construction. Does the Council wish to
budget for a wage increase? Staff is prepared to report on any major purchases or staff increases
planned for next year.
Cncl.Sweeney explained that the tax capacity has been adjusted the last two years to reflect an
across the board increase in property values. He explained how the across the board increase has
affected the older housing stock and that the county assessor is taking a new approach to the
assessment sales ratio. This will stabilize the tax burden on properties in the older part of town.
Cncl.Sweeney suggested that the general levy increase for 1997 be limited to the increase in tax
dollars due to new construction, not any across the board increase to last years tax capacity.
Cncl.Zorn asked what a comfortable fund balance level is and Cncl.Sweeney responded.
Cncl.Zorn stated that he would like some personnel changes in 1997. He would like to budget for
an Economic Development Director and would like to eliminate the position of Assistant City
Administrator.
Official Proceedings of the May 14, 1996
Shakopee City Council (Worksession) Page -2-
Councilmembers took a break between 4:34 P.M. and 4:53 P.M.
Mr. Dan Hanlon, Co-Founder and CEO of Excelsior-Henderson Motorcycle Manufacturing,
approached the podium and introduced himself to the Council and he introduced Tom Rootness,
Chief Financial Officer, Jim Morrell, Board of Advisors, and Pat Pelstring, of Public Resource
Group, Inc., advisor to the corporation. He showed a video about who they are and what they
are doing. He explained that they are looking for a site upon which to build their manufacturing
operation which will also be the location of the world headquarters. They have picked six cities
from 20 in Minnesota and are continuing to narrow down their search for a site.
Mr. Rootness briefly outlined their financial needs and what they have done so far and what they
are working on.
Mr. Morrell stated that they have a well put together business plan and that the company is in an
exciting position. He said that they have been able to attract the best financial advisors and that it
is exciting to be sought after by bankers, etc.
Mr. Pelstring explained that they view this as a preliminary meeting and the first chance for the
City Council to meet the principals of the company. He explained how the City could participate
in the construction of the manufacturing facility. The Economic Development Authority could
issue bonds and pledge the tax increment to pay the bonds. They are looking at a lease/purchase
agreement. He said that they would like to know where they are going by the end of June and
that they need an answer from the City by the end of June.
Questions raised by Councilmembers were answered.
Mayor Henderson stated that he would like the Council to give direction to staff to obtain
financial information and getting our financial advisors involved to pursue this further in order that
we can meet their time goals should we be under serious consideration.
Link/Zorn moved to direct staff to pursue obtaining the necessary financial information needed
for considering tax increment financing for the Excelsior-Henderson motorcycle manufacturing
project. Motion carried unanimously.
Mayor Henderson thanked Mr. Hanlon for the presentation and the information.
Mr. Hanlon stated that Shakopee is being seriously considered as a site and thanked the Council
for their time and interest.
Zorn/Sweeney moved to adjourn. Motion carried unanimously. Meeting adjourned at 5:48 P.M.
,,,i„,ti J_ Oqc
Cli
th S. Cox, City Clerk
ording Secretary
Sheet1
v
1997 POLICE DEPARTMENT BUDGET SUMMARY
1. TOTAL PERSONAL SERVICES _
1997 1996 INCREASE
$1,467,890 $1,357,110 $110,780
Full time salaries $1,121,640 $1,055,170 $66,470
Overtime $33,000 $32,560 $440
Premium Pay $3,000 $4,000 ($1,000)
Performance Pay $9,900 $9,900
Wages-Temp $9,000 $9,000 $0
PERA $125,870 $98,290 $27,580
FICA $9,030 $16,590 ($7,560)
Medicare $8,950 $8,950
H&L $109,500 $98,500 $11,000
Work Comp $33,000 $36,000 ($3,000)
Comp Absence $5,000 $7,000 ($2,000)
Subtotals $1,467,890 $1,357,110 $110,780
COPS FAST $50,000 $25,000 $25,000
Totals $1,417,890 $1,332,110 $85,780
2. WAGES- Full Time $1,121,640 $1,055,170 $66,470
1.5% Raise $844,373 $831,227 $13,146
Sergeant's Raise $157,543 $143,658 $13,885
DeputyChief Adjustment $59,377 $54,166 $5,211
New Officer $33,652 $33,652
Longevity $26,695 $26,119 $576
3. OPERATING SUPPLIES $41,600 $36,100 $5,500
Supplies under$500 $22,100 $21,100 $1,000
Portable Radios $6,900 $9,000 ($2,100)
Computer System $8,600 $6,000 $2,600
MDT/RMS Project $2,000 $2,000
Portable Breath Testers $2,000 $2,000
4. MOTOR FUEL&LUB $14,000 $12,980 $1,020
5. EQUIPMENT MAINT $19,850 $18,900 $950
6. POSTAGE $1,250 $1,100 $150
Page 1
Sheet1
1997 1996 INCREASE
7. INSURANCE $26,265 $23,000 $3,265
8. TELEPHONE $11,500 $11,000 $500
9. RENTALS $53,161 $41,830 $11,331
Access Fees $1,560 $1,560 $0
Vehicles $42,135 $40,270 $1,865
MDT's $7,776 $7,776
Copier $1,690 $1,690
10. DUES $1,000 $550 $450
Page 2
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: August 13th Budget Review Meeting
DATE: August 8, 1996
The agenda for the August 13th City Council meeting/worksession is attached.
As shown, the first item with Lee Menke should take only a very brief amount of time, assuming
that he has the information turned in that caused it to deferred from the August 6th meeting.
The fire station discussion will likely take a longer period of time; we should allow perhaps up to
an hour on that.
The final portion of the activity, and the reason for which the afternoon was originally scheduled,
is to discuss the FY 97 budget. A brief transmittal letter from Finance Director Gregg Voxland is
attached. We will have the following people standing by to discuss their portions of the budget
(in approximate order):
1. Mark Huge -Fire
2. Tom Steininger-Police
3. Paul Bilotta- Community Development
4. Judy Cox- City Clerk
5. Gregg Voxland -Finance
6. Mark McNeill - Administration
The other two department heads, Bruce Loney and Mark McQuillan, will be considered at the
August 27th meeting, along with anyone else who was not heard at the meeting next Tuesday.
Mark McNeill
City Administrator
MM:tw
CC: Department Heads
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: FY 97 Budget - Supporting Memos
DATE: August 9, 1996
In a desire to keep the amount of paper for you to review to a minimum, I have not mandated
explanatory memos from all departments. However, the Police Chief, Mark McQuillan, and
Bruce Loney, have, or are providing those.
I will save that, as I came into this rather late in the process, I have not made significant changes.
The existing is very workable, and if it is something with which you are comfortable, it is fine with
me. Next year, I will likely suggest some changes in format.
Mark McNeill
City Administrator
MM:tw
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: FY 97 Budget -Legal Expenses
DATE: August 9, 1996
A proposal of the Shakopee Legal Department budget is attached. Unless other decisions for that
meeting go more quickly then I anticipate, it will likely not be discussed at the August 13th
meeting. I also know that Councilor Zorn wishes to discuss the necessity of having an attorney
attend City Council meetings; that should probably also be discussed at the same time as the Legal
Department budget.
The FY 97 Budget includes an in-house attorney, and .5 legal secretary. There has not been a
decision, however, at this time on whether to go with consulting firm, or to hire to replace in-
house. My inclination at this time, however, is to recommend a consulting attorney.
No final decision needs to made at this time; however, for budget purposes, we must provide
funding that would responsibly cover the alternatives.
In comparison, budgets for surrounding communities of similar size are as follows:
Savage General Legal $ 35,000
Prosecution(SJPA) $100,000
Consulting(labor, environmental) $ 10,000
$145,000
Savage also includes a line item for"reimbursables" which would be for such things as bonding
for projects, etc. Note that the general legal, which includes litigation, has had the following
history:
1993 - $24,000
1994 - $31,000
1995 - $35,000
Budgeted 1996 - $37,000
Prior Lake General (including labor, litigation) Budgeted 97 $137,000
Prosecution(SJPA) $ 64,000
$201,000
The figure that was available for actual 1995 for general civil work was $132,000.
Chanhassen General (including retainer) 1995 Actual $84,275
Note that Chanhassen has its prosecution work done by the County. The 1994 General Civil
work amount was $74,970.
If the Legal Department is not reestablished with in-house attorney, one-half the cost of the legal
secretary will have to be absorbed elsewhere-the cost of her salary in the budget is
approximately $16,000, plus fringe benefits. The other half of her position is already budgeted
in the City Clerk's office. While final job assignments have not been determined, it is very evident
that the general growth in activity within City Hall will easy absorb the other available time that
this position has available. /1'
Mark McNeill
City Administrator
MM:tw
CC: Gregg Voxland
CITY OF SHAKOPEE
1997 BUDGET
Division Budget
Object 12/31/94 12/31/95 12/31/96 Y-T-D DEPARTMENT PROPOSED
Code Description ACTUAL ACTUAL BUDGET 06/30/96 REQUEST BUDGET
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DIVISION 16 - LEGAL COUNSEL
4101 WAGES FT REG 129,813 155,574 155,090 56,343 79,740
4102 OVERTIME-FT 0 0 100 0 100
4121 PERA 5,545 6,684 7,230 2,342 3,580
4122 FICA 9,902 11,739 12,360 4,293 6,100
4131 HEALTH 8 LIFE 3,512 7,758 16,420 2,224 9,120
4151 WORKERS COMPENSATION 499 671 800 493 340
4170 COMPENSATED ABSENCES -826 1,314 2,000 0 1,500
PERSONNEL SERVICES 148,445 183,738 194,000 65,694 100,480
4210 OPERATING SUPPLIES 1,922 5,213 6,500 271 3,500
4240 EQUIPMENT MAINTENANCE 456 238 320 264 450
4310 PROFESSIONAL SERVICES 2,008 50,120 50,000 17,333 130,000
4316 FILING FEES 264 556 800 374 800
4320 POSTAGE 0 0 150 0 0
4321 TELEPHONE 724 1,040 700 480 700
4330 TRAVEL/SUBSISTENCE 711 135 1,350 11 800
4350 PRINTING/PUBLISHING 326 1,236 550 85 1,250
4360 INSURANCE 3,431 4,993 3,460 0 2,500
4390 CONFERENCE/SCHOOL/TRAINING 1,050 1,002 1,500 381 750
4430 DESIGNATED MISCELLANEOUS 4 -4 0 0 0
4433 DUES 696 943 1,200 650 600
4435 SUBSCRIPTIONS/PUBLICATIONS 2,796 2,400 2,500 1,027 2,400
SUPPLIES 8 SERVICES 14,386 67,871 69,030 20,874 143,750
4550 EQUIPMENT 0 3,562 0 0 0
CAPITAL EXPENDITURES 0 3,562 0 0 0
4800 EXPENSE CHARGED BACK -2,000 -2,000 -3,000 -3,000 -3,000
EXPENSE CHARGED TO OTHER ACT -2,000 -2,000 -3,000 -3,000 -3,000
TOTAL LEGAL COUNSEL DIVISION 160,831 253,171 260,030 83,569 241,230
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: 1997 Budget
DATE: August 8, 1996
Introduction
Attached is Council' s first draft of the proposed 1997
operating budget for discussion.
Background
As background information, the next deadline for council
action is September 15, 1996 by which time the city has to
certify to the County Auditor, a budget amount, the public
hearing dates for adopting the tax levy and the amount of
the proposed maximum tax levy.
The budget amount has been the proposed appropriation
amount for the General Fund. There is no commitment to
that amount, it is only done to comply with the
statutes.
The public hearing dates in December can not be set for
sure until after the county notifies us of the dates
selected by the school districts. That notice should
be received about August 20th.
The tax capacity numbers are a critical factor in
setting the tax levy. The numbers on tax capacity and
fiscal disparity distribution are not available at the
county as of this writing. Staff will check on Monday
the 12 for the status of the tax capacity numbers.
Attached is a draft of the proposed budget for 1997 for
Council discussion. This is a detailed line item budget.
Council is urged to conduct the budget discussion in terms
of service levels such as more or less park mowing or police
patrol, etc.
If it is acceptable to council, it is proposed to walk
council through the budget from the back to the front . I
believe this will a provide a better background and
understanding of how the various pieces of the budget fit
together. The General Fund is where the majority of the
discussion arises and would be last under the proposed
process.
It is not planned to go into detail on the non general fund
budgets. Council should of course feel free to ask
questions as we proceed or to revisit funds later.
There are a number of items that council may want to
specifically discuss;
1. Vehicle acquisition policy. Attached is a draft
Vehicle Acquisition, Use and Replacement Policy for
Council consideration. This was prepared pursuant to
council direction when discussing the capital equipment
five year list for the Internal Service Fund for
equipment. It is based on Eagan' s policy.
2. Transit Fund service levels and fares - the
proposed budget as it current stands is significantly
out of balance. Staff is currently discussing with the
provider the best changes to make in service levels and
fares to balance the budget .
3. Additional new regular employees - Included in the
budget is funding for one additional employee in the
Street Division and another police officer. Attached
is item "A" showing the cost the direct labor costs.
4. Promotional changes for employees - Attached is a
sheet ("A") showing promotional changes included in the
budget for various personnel . The action here is to
decide to include funding in the budget or not, action
would not implement any status changes.
5. General Fund transfers to TIF district #10 - Blocks
3&4 . The city has elected to make contributions to the
project in lieu of Local Government Aid reductions.
LGA is received into the General Fund so therefore the
contribution to the project is included in the General
Fund. The council can make annual or lump sum
contributions. Under current projections, the lump sum
would be about $218, 000 up front and the annual amount
would be $18,400 . The annual would need to start by
the year 2000 .
Included the 1997 budget is $18,400 . The project could
use the cash sooner to make property acquisitions.
Council can make a larger contribution to assist the
project or cut the 1997 contribution out of the budget .
6. Levy for 1996 improvement bonds . There will be a
tax levy associated with the improvement bonds to be
issued this year. The bond issue can be structured to
incorporate a levy this year or wait to next year to
start . It is pay now or pay later. A number to plug
in would be $50, 000 .
7. Cancel debt service levies. For several years
council has canceled the tax levy for debt service on
bonds. Instead council has transferred the needed
money out of the General Fund in the current year and
levied the tax as a general levy to replace the money
transferred out . The object is an attempt to cushion
the impact of a levy limit if imposed.
8. Count on under spending the budget . Council has
counted on under spending the budget in recent years.
The amount counted on for 1996 budget was $100, 000 .
9. Fund balance "surplus". Council should discuss
what should be done with the General Fund - fund
balance that exceeds the target level of 15% of the
subsequent years expenditure budget . See item "B" .
This was mentioned during the Capital Improvement Plan
discussion. Options include changing target level and
keeping in General Fund, pay various project costs
including fire station, transfer to Capital Improvement
Fund or any other legal use of funds.
Action
Discuss and give staff direction.
Gregg Voxland
Finance Director
n:\budget\memo88
4
Promotions/Additions
Promotions proposed for 1997:
Additional
97 pay without 97 proposed PERA&
Department Old title/step New title/step promotion with promotion increase FICA
Police Deputy Chief- 8 Deputy Chief- 8 54,978 59,827 4,849 588
Engineer Tech III -4 Tech IV- 3 37,959 39,164 1,205 146
Engineer Tech IV-4 Project Coordinator-4 43,516 44,639 1,123 136
Street PW Foreman- 8 PW Supervisor- 8 37,199 40,600 3,401 413
Street Maint. Worker-4 Lead Person-4 1,248 151
Park Maint. Maint. Worker-4 Lead Person-4 1,248 151
General Fund Total 13,074 1,586
Recreation Clerk Typist-4 Customer Service- 3 25,187 25,197 10 1
Recreation Clerk Typist-4 Facility Scheduler- 3 25,187 26,167 980 119
Recreation Rec.Assist.- 8 Rec/Arts Supervisor- 7 36,279 36,383 104 13
Recreation Fund Total 1,093 133
Additions proposed for 1997:
Street Maintenance- 1 26,968 26,968 3,271
Police Police Officer- 1 33,202 33,202 4,027
60,170 7,299
Al B I C I D ' 8 IFI G I H
85
s6 City of Shakopee
87 General Fund Fund Balance
98 12/31/95 Fund Balance unreserved undesignated $ 2,661,051
89 Cash Flow Target @ 15%of Expenditures(1996) 879,860
90 Net available 1,781,192
91 1996 changes
92 Contribution to TIF#10 up front or start yrly in 2000 '7""?
93 Debt Service Transfer for 96/97 levy (128,371)
94
95 1,652,821
96
97
98
City of Shakopee
VEHICLE ACQUISITION. USE & REPLACEMENT POLICY
J. PURPOSE&NEED FOR POLICY
This policy will provide uniform criteria for all City departments and operations in the acquisition, use and
replacement of vehicles. The City of Shakopee is dedicated to managing its resources in a fiscally responsible
manner. Therefore, a specific need should be demonstrated before a new vehicle is added to the City's fleet, and
every existing vehicle should be utilized to its greatest economic extent prior to replacement. The personal use of
City vehicles will be delineated defined to ensure proper accounting and maximum efficiency of public purpose.
The acquisition of additional vehicles to the City's overall fleet and their replacement should be only as
necessary to allow the City to provide the services and perform the duties and responsibilities that are expected
by the public within budgetary constraints.
II. VEHICLE ACQUISITION POLICY
The many varied aspects of public service provided by the City of Shakopee requires the use of different types of
vehicles. These include:
Type A) vehicles used primarily to transport employees to/from locations of work activity (i.e.
administrative and inspection vehicles);
Type B) vehicles necessary to assist City employees in performing their duties (i.e. squad car, survey
van, utility repair truck etc.);
Type C) vehicles used to actually perform a physical function (fire truck, road grader, dump truck, etc.).
The type of vehicle purchased shall be that which is determined to be most appropriate and cost
effective for that vehicle's function. However, all administrative/personnel transportation type vehicles
shall be of the compact(i.e. Ford Contour. Chevrolet Corsica) or intermediate (i.e. Ford Taurus. Buick
Century) class. If a multi-passenger vehicle (MPV) is deemed necessary to maximize personnel
transportation capabilities, it shall be of the minivan class for 5-7 seat belts and extended cargo van
category for 8-10 seat belts.
A.Staff Transportation Vehicles
A vehicle shall be acquired by the City of Shakopee and assigned for staff transportation only if one or more of
the following occur.
1. If the City has deemed it appropriate to identify the driver and/or passengers as City employees on the
way to/from remote work locations or while performing their official duties.
2. a. If a specific job description results in an employee accumulating a minimum of 10,000
reimbursable miles per year on their personal vehicle traveling to/from alternate work locations,
or
b. If an operational division has a cumulative staff mileage reimbursement of 12,000 miles per year
or more.
1
3. If the City Administrator has determined that a vehicle should be provided as part of a position's
responsibility and meets the requirements of State Law.
4. A pooled vehicle shall be available at City Hall for multi-departmental use.
B. Job Assistance Vehicles
1. In certain circumstances, City provided and equipped vehicles are necessary to allow employees to
perform their job functions. In those circumstances, the City shall provide the specific required type
of vehicle and equip it with the necessary tools, equipment and devices necessary to allow a City
employee to perform their duties in the-most-an efficient and safe manner possible. These vehicles
may be assigned to specific employees or be made available through a pool concept within a
division QL department on an, operational basis determined to be most efficient by the department
head(s).
C. Job Performance Vehicles
1. If a certain specialty type of vehicle is deemed necessary by the department to perform a specific
work task, it shall be justified in writing by the department head and approved by the City
Administrator subject to budgetary constraints. The method of acquisition (purchase, lease, rental)
shall be determined by the Finance Director.
2. Specialty pieces of equipment shall be shared interdepartmentally to the greatest extent possible
subject to seasonal/usage availability in order to avoid redundant acquisitions.
III. VEHICLE REPLACEMENT POLICY
A. Minimum Replacement Standards
City acquired vehicles should not be programmed or budgeted for replacement until they have met the
guideline minimum replacement standards for the particular vehicle category(see attached). Similarly, vehicles
should not be replaced just because they have met the guideline minimum replacement standards. Any
deviations for early replacement must be justified in writing by the Department Head and approved by the City
Administrator.
B. Replacement Evaluation Process
Any City ( including Fire Department but excluding SPUC) vehicle which has been proposed for replacement
shall have a standard Vehicle Evaluation Form completed with a written recommendation by the City
Mechanic, Shop Supervisor and Department Head delineating the justification for its replacement. A sample
Vehicle Evaluation Form is attached hereto.
C. Disposition of Used Vehicles
Before a vehicle is removed from the City's Fleet, the City Mechanic shall review all City current vehicles of
similar type and determine if it would be economically beneficial to switch with another existing vehicle before
disposal. All vehicles to be disposed of will be coordinated by the City Mechanic and Finance Director to
determine the most economical method and time. Vehicles may be retained for continued use by the City for a
period not to exceed 9 months from the date the new vehicle is placed into service. Vehicles removed from
service in - ••- •- = = -- =- - • -- -• -- = : - =•- = - -- - - -- •- the Police and Fire
Departments and those vehicles that regularly operate out of the city limits,shall be evaluated for reliability to
see if they should be retained for local use and thereby minimize the acquisition of new vehicles. An example
2
of this is a car removed from squad duty that is serviceable for non-emergency duty and assigned to a building
inspector.
JV. PERSONAL USE OF CITY VEHICLES
City vehicles are not available for take home use by City employees except for the following situations:
A. Assigned Take-Home Vehicles
City employees, whose position responsibilities require them to respond directly to a work related situation
from their residence outside of normal work hours, will be allowed to use a City vehicle (Type A or B) to
commute to/from their place of residence under the following conditions:
. _ te . .
21. The employee must live in the City of Shakopee
32. The vehicle is not available for other than diglifliFFIUs minimal personal use while performing their job
duties and/or commuting to/from their place of residence.
3. The Chief of Police may use an unmarked car.
4. Two officers of the Fire Department may use a light duty vehicle for commuting use including their
regular place of employment if it is within 15 miles of the City of Shakopee.
pecnal-usage.
65. Job performance specialty type vehicles (Type C) shall not be made available for personal use or
commuting.
7-6. For scheduled leaves of absence by the designated employee exceeding 1 workday, the City
vehicle shall be made available for pool use and remain at the employee's normal place of work.
B. Occasional Take-Home Vehicles
A City employees may occasionally use a City vehicle(Type A or B)to travel to/from the employee's residence
under the following conditions.
Police officers on duty may take cars home in the city at the discretion of the
Police Chief.
21. If the City employee has scheduled City business away from their normal work station and the
number of miles traveled, or time needed to conduct the business, will be minimized if the employee
uses a City vehicle to commute to/from the employee's residence before/after traveling to the place
of business.
32. The vehicle is not available for other than diminimuc minimal personal use beyond commuting
to/from the place of residence.
3
C. Exceptions
usage.
V. CITY USE OF PERSONAL VEHICLES
A. Mileage Reimbursement
1. All employees of the City will be paid mileage for use of their personal vehicles and reimbursed for
all related legal parking costs while conducting official City business. The mileage rate will be asset
by-the-City-Council the maximum reimbursement rate allowed by the IRS for non-taxable income.
However, employees are encouraged to use available City vehicles whenever possible while
conducting official City business.
2. Normal personal commuting mileage from home to work or work to home is not reimbursable. If an
employee uses a personal vehicle to travel to a work responsibility on the way to or from work,
normal personal commuting mileage shall be deducted from the total trip mileage used to calculate
the reimbursement.
3. Prior to using a personal vehicle and claiming mileage, the employee should first use a City vehicle
assigned to their department. If one is not available, the employee should check with other
departments regarding the availability of a similar appropriate City vehicle.
B. Monthly Allowance
: •t" - _ _ _ _ _ _ - _ •_ _ _ • • _ - _ . The City Administrator and the Public Works Director shall
receive a monthly allowance as set by the City Council. A monthly car allowance incurs is subject the
following conditions:
1. The monthly allowance covers all business miles driven and all parking costs incurred within the
seven-county metropolitan area. Any travel outside this region in a personal vehicle will be
reimbursed according to Section V.A.
2. City vehicles may be used:
a. In emergencies an emergency work situation when the personal vehicle is not available,
4
b. For work related off road driving when the personal vehicle would be subjected to conditions
above normal wear and tear on a vehicle,
c. In severe adverse weather conditions,
d. Where the department head must travel by vehicle outside the seven-county metropolitan area
3. The employee has the option to decline the mileage allowance and claim reimbursement under V.A.
above.
C. Other Costs
Employees are responsible for all costs related to personal vehicle ownership and operation. The City is
responsible for all costs related to installation and maintenance of City equipment in the vehicles which is
necessary in order that f.or the employee may to perform the position's functions. The City is also responsible
for all costs related to the removal of such equipment and to the restoration of the vehicle caused by such
removal.
VI. VEHICLE IDENTIFICATION
A. Color/City Logo
All City vehicles shall be licensed and marked as appropriate for their specific use as follows:
1. All Administrative transportation vehicles (Type A)shall be white of compact or intermediate size, and
have the City's name prominently displayed on the side door panels. The City's
official logo will be applied when it is beneficial to have it displayed to the public as determined by the
Department Head.
2. All specialty type vehicles (Type B or C) shall be-yellow-with
have the City nam , prominently displayed on the door panel or other
highly visible location.
3. Marked police squad/patrol sacs vehicles shall be white and shall display the City name, lege; and
vehicle number, it shall contain lettering identifying it as a police/law enforcement/emergency vehicle.
The color of unmarked squad-ears police vehicles will be at the discretion of the Police Chief as
necessary to minimize their detection as a law enforcement vehicle.
4. Fire Department vehicles shall be red with the City's nam , and vehicle number and shall
contain lettering identifying it as a fire response emergency vehicle prominently displayed on the side
door panels.
5. Other specialty type vehicles (Type B or C) shall match the color of other similar
= -- • --• — -- - - - - - - - =e e = - • • • - - e . All other vehicles purchased new shall be
manufacturers standard medium blue in color or if blue is not available as a standard color. white
shall be used unless there is no color choice available. Vehicles shall not be repainted solely to
change the color.
VII. RESPONSIBILITY
5
Departments with assigned vehicles are responsible for the maintenance and cleaning of such vehicles.
Vehicles may be professionally cleaned once per year. The cost of cleaning a vehicle before it is disposed of
or turned over to another department is the responsibility of the department that had prior use of the vehicle
The City Administrator is responsible for the enforcement of this policy. City
employees may not deviate from the policy unless they have written approval from the City Administrator.
Revised 8/2/96
n:\budget\departm\vehicle2
6
Vehicle Categories
Guideline Replacement
Standards
Age or Miles/Hours
Administrative 10 100,000
Sedan 10 100,000
Station Wagon 10 100,000
Compact Pickup 10 100,000
Vans 10 100,000
Squad car-squad duty 4 80,000
Specialty
Light Duty
Suburban 10 100,000
Pickup 1/2-3/4 ton 10 100,000
Utility 10 100,000
Medium Duty
Utility Truck 10 100,000
4x4 pickup 10 100,000
truck- 1 to 1.5 ton 10 100,000
Skid steer loader 10 4,000
Fire grass rig 15 N/A
Mowers -riding 10
Tractor 15
Heavy duty
Dump trucks 12 80,000
Front end loader 15 6,000
Road grader 15 6,000
Alley grader 15 6,000
Backhoe 20 6,000
Sweeper 10 5,000
Jetter 20 8,000
Tanker/flusher 20 8,000
Sewer Vac 20 N/A
Pumper 20 N/A
Aerial truck 20 N/A
7
VEHICLE EVALUATION FORM
Public Works Department-Equipment Maintenance Section
Unit# Serial# Department
Year Make Model
Vehicle Description
Special Eqpt/Attachments
Primary Use
Current Mileage Hour
s
Last Year Miles Hour
s
Avg.Annual Miles Hour
s
Purchase Price (includes special equipment)
Estimated Replacement Cost (includes special equipment)
Estimated Average Life years/hours/miles
ANALYSIS OF UNIT
YEAR
Annual Operating Costs
Cumulative Operating Costs
Annual CPM or CPH
Life-To-Date CPM or CPH
Average CPM or CPH for
vehicle class
% Downtime-Annually
% Downtime-Cumulative
%Downtime by Class
Body, mechanics and/or chassis condition comments:
Prepared by Reviewed by
8
Vehicle Categories
Guideline Replacement
Standards
Eagan St Louis Pk Shakopee
Age or Miles/Hours
Administrative
Sedan 10/100,000 5-7 10 100,000
Station Wagon 10/100,000 5-7 10 100,000
Compact Pickup 10/100,000 7-8 10 100,000
Vans 10/100,000 7-8 10 100,000
Squad car-squad duty 10/100,000 2-6 4 80,000
Specialty
Light Duty
Suburban 10/100,000 7-8 10 100,000
Pickup 1/2-3/4 ton 10/100,000 7-8 10 100,000
Utility 10/100,000 7-8 10 100,000
Medium Duty
Utility Truck 10/100,000 10 100,000
4x4 pickup 10/100,000 10 100,000
truck- 1 to 1.5 ton 10/100,000 10 100,000
Skid steer loader 10/4,000 10 4,000
Fire grass rig 15 15-20 15 N/A
Mowers -riding 6-12 10
Tractor 15
Heavy duty
Dump trucks 12/80,000 10-15 12 80,000
Front end loader 14/6,000 10-20 15 6,000
Road grader 14/6,000 10-20 15 6,000
Alley grader 10-20 15 6,000
Backhoe 20/6,000 20 6,000
Sweeper 8/5,000 10-20 10 5,000
Jetter 20/8,000 8 20 8,000
Tanker/flusher 20/8,000 8 20 8,000
Sewer Vac 20 8 20 N/A
Fire truck 20 15-20 20 N/A
i