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05/19/1981
MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: May 13, 1981 1 . Attached are Monthly Financial Reports for the period ending April 30, 1981 . 2 . Please note on your calendars that there will be a Council Meeting on June 9 , 1981 for Hauer Lateral public hearing and June 30, 1981 for the Sewer Rate Increase Meeting for citizens . 3. Attached is a note on City policy/practice on curb cuts . Bill Chard may attend the meeting to discuss this policy regarding Eastview. 4. Attached is a memo from Judy Cox regarding temporary secretarial help over vacations . 5. Attached is a copy of REA' s proposed acquisition costs as out- lined for Rod Krass . 6 . Attached are two letters from Mary Alice Brophy, Commissioner of Securities , approving the Valley Health Property IRB Project and the Shakopee Professional Group IRB Project. 7 . Attached is a copy of the Cable Communications Needs Assessment. 8. Attached is a summary of Area Bond Sales for February and March. 9. Attached is a copy of a letter from James A. Lushine, Department of Economic Development , to Tom Rees regarding Mike Mobley' s need for a conditional use permit to expand his business in Shakopee in an area presently zoned R-2 . Mr. Mobley has been working on this with the City Clerk and City Planner and it appears question- able as to whether or not his proposed expansion would be per- mitted even as a conditional use . The letter is to provide you with background should Mr. Mobley contact you before the request goes through the Planning Commission. 10. Attached is a listing of FY 1981 Rescissions and Deferrals in Federal Urban Program expenditures . If you feel Council should contact our congressman on these , bring it up at Tuesday ' s meeting. 11 . Attached is a list of Metro Wastewater Treatment Plant Tours . The Blue Lake Plant tour is scheduled for July 29, 1981 . Call Judy if you want to go on the tour. 12 . Attached is a letter from Senator Bob Schmitz regarding the status of the manufactured home legislation. Non-Agenda Informational Items May 13, 1981 Page Two 13 . We now have the official 1980 census figures for Shakopee - 9 ,941 . Interestingly, there were 25 blacks , 42 American Indians , 21 Asians , 60 Spanish speaking and 29 other minorities included in the 9 ,941 . 14. Jeanne Andre spoke with Mr. Herbst , the cable franchise attorney regarding his hourly rate . His normal rate is $85.00 per hour, but his bid to the City was based on a "municipal" rate of $55.00 per hour. Mr. Herbst has no problem with including this rate in his contract. 15. Attached is a memo from Gregg Voxland explaining how and when the new sewer rate increase will come into effect. 16 . Attached is LeRoy' s response to the most recent explanation of the mobile home/manufactured home legislation. 17 . Attached are the minutes of the April 8 , 1981 Industrial Commercial Commission meeting. 18. Attached are the minutes of the April 29 , 1981 Ad Hoc Downtown Committee meeting. 19. Attached are the minutes of the April 27 , and May 6 , 1981 Ad Hoc Cable Communication Committee meeting. 20. Attached is a letter from Gus A. Chafoulias responding to my letter regarding problems at Clifton Apartments . 21. Attached is April ' s Building Report . 22. Attached is Planning Commission Action From May 14, 1981 . tic 1 ..4.a......... 4.7. 1 P Y1 P y N u 0 • • 4 0 Y L Yi N t. S 2 O V P Y i 441 N !.2I O V NOI V O 2 4N. Y G' " O •l• V . Y • Y N - D • • V O Y •f Y N - \ W W W L.W W W W W • W W W W WWW W W W W W W W W • W U W W 4 W W W W W W W.W W W * W W W W 11 •'' 000000000 * W W W W W W W W W W W W W W W * r rrr.•r.+4+...-rrr4-. • 000 .) DC '0 1+0.1+04•.3000 ) * OLA F W W W W N N N N•7O O L • W W W W W W W W GI W • N Nrr (1 2 CO W N r -1,O b .4 0U1 • 0000140.0441,30.m..013 -40 •4 NJ 3 .I 0Ul F(,4 M r ,0 U1 F W N.• • N00... (30 Y. 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U •O A A N D OD I.. r rr O • • a I o .J n -1 Z M .1 ►• r a CI 0 0 a co A N W M. a O CO 41, u a-1 N 1 N V CO W A • • • • -1 O O V N UI o C T 1 m .n .0 o a I I Y O A a 1 I.• u • y o W 1 V U m co N T r C A▪ 4 .p n CA .n (A(..0.1 /3 (n r.1 N(d H N V d '. 2 -0 N r r . A n 1 M 0 m A r •11 • • 'O 1 ' • 3 ► 3IN 8 2SO V Gpp UN '7S 2 D V0 S N u OU •► 0 WY yy � y •O 3O j °1•V 0 "-W".:_k_N.:_k_ / MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier iittew-4111.1 City Engineer RE: City Practice on Cur. Cut- DATE: May 15, 1981 Introduction: A local developer and a builder have questioned the City's policy regarding curb cuts. Background: City policy regarding curb cuts has been that whenever vertical curb must be removed in order to provide access to a lot, the entire curb and gutter section is removed and replaced with a depressed opening for the entrance. Breaking the back of the curb away is not an option because that propagates cracks into the gutter section causing freeze-thawed deterioration and eventual failure at an accelerated pace. Ordinarily the subdivider would install mountable curb and gutter so that drives could be located in the subdivision. In Eastview, mountable curb was not installed because it required an additional 400 linear feet or more of storm sewer. What was once an economic decision, now is proving to be a costly decision. Because the threat of rapid deterioration is so great, there is no plan to change the present policy regarding curb cuts. HRS/j iw MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Temporary Secretarial Help DATE: May 14, 1981 Pursuant to our discussion, I have advertised for a full time temporary secretary/typist to work during a seven week period beginning May 26 , 1981 . This individual will type the 1980 Financial Report for the Finance Department and fill in while the Engi- neering and Planning Secretary, Assessing Secretary and Recep- tionist respectively are on vacation. Each department will share in the expense proportionately depend- ing upon benefit received. Most budgets can accommodate the expense and when there is a shortage it will come from the reduction of some other line item(s) of that department . JSC/jms 5 5 LAW OFFICES HAROLD LEVANDER ARTHUR GILLEN LeVander, Gillen, Miller & Magnuson ROGER C. MILLER PAUL A. MAGNUSON HAROLD LEVANDER, JR. 402 DROVERS BANK BUILDING • 633 SOUTH CONCORD STREET PAUL H. ANDERSON SOUTH ST. PAUL. MINNESOTA 55075 • TELEPHONE 1612) 451.1831 TIMOTHY J. KUNTZ DANIEL J. BEESON May 4 , 1981 RECEIVED MAY 7 1981 CITY OF SHAKOPEE Mr. Phillip R. Krass Krass , Meyer & Kanning Shakopee Professional Building 1221 Fourth Avenue East Shakopee, Minnesota 55379 Re : City of Shakopee vs . Minnesota Valley Electric Cooperative Dear Mr. Krass : Your letter of March 17 requested certain information from Minnesota Valley Electric Cooperative in the above matter. Following is the information requested plus additional infor- mation that we believe is relevant to the determination of a fair acquisition price : Annual Gross Revenues Minnesota Valley has 304 consumers inside the City of Shakopee . Approximately 275 of these consumers are in the residential class , and the balance are commercial and public consumers . The gross revenues from these consumers for 1980 was $348, 363. 00 . Several of these consumers were on the system for only three or four months of the year, and we believe that the total gross revenues on an annualized basis for 1980 would have been closer to $350, 000 . 00 . Projected Revenues Minnesota Valley has experienced a historical load growth of approximately 8% per year compounded. Applying that rate of consumption growth to these consumers produces the following result by year: Mr. Phillip R. Krass May 4 , 1981 Page 2 Year Projected Revenues 1980 $348, 363. 00 1981 $376 , 232 . 00 1982 $406 , 331 . 00 1983 $438, 837. 00 1984 $473 , 944 . 00 1985 $511, 859 . 00 Plant Values The depreciated cost of Minnesota Valley ' s plant, exclusive of meters , transformers, and security lights for 1980 is $127, 168 . 00 . The depreciated cost of the meters , transformers, and security lights is $71, 761 . 00 . The depreciated replacement cost of the plant, exclusive of meters , transformers , and security lights is $233, 849 . 00 . The depreciated replacement cost of meters, transformers , and security lights is $96, 854 . 00 . In the inflationary environment in which we live , we believe that depreciated replacement cost of facilities is entitled to consideration. Reintegration Costs Thele are seven points on Minnesota Valley' s system which would require modification because of the acquisition. It is estimated that the reintegration costs at these locations would be $18 , 000 . 00, exclusive of any additional easement costs necessary to relocate plant. Other Appropriate Factors The acquisition statute contemplates compensation for other appropriate factors caused by the acquisition. Minnesota Valley will not receive revenue from consumers that would locate in its territory in the future who are not now on its system. We estimate that there are approximately 160 vacant lots in Minnesota Valley ' s service area which will be connected with electricity in the future. Assuming that one-fifth of these lots will be connected to electricity each year for the next five years and that the average annual consumption from these lots would be 12 , 000 kwh at current Minnesota Valley rates, we estimate a loss of gross revenues from these future 43, . r. _e Mr. Phillip R. Krass May 4 , 1981 Page 3 consumers of $374 , 400. 00. Minnesota Valley has and will spend considerable staff time in handling this acquisition. A physical inventory of facilities has already been taken plus preparation of the depreciated and replacement plant values described above . Staff expense associated with these phases of the acquisition are entitled to consideration. After you have had an opportunity to review and evaluate this information, we suggest that a meeting be held to discuss the acquisition price. If there should be additional information that you need before such a meeting, please let me know. We are aware that the Commissioners have set a May 10 deadline for seeing whether a settlement can be negotiated, but I presume that this deadline can be extended with the consent of all parties if settlement negotiations are pending. I will wait to hear from you. Yours very truly, n7th (/ ((/t Z. Vander, Jr. HAP:em STATE OF MINNESOTA Banking Division pFTHE Insurance Division (612) 296-2135 ` (612) 296-2488 Administrative Services Securities and Real Estate ,` �-_ ' 'c �' �"`�► � Division t, Division .....� ,.. (612) 296-2594 azt/ZrriV, (612) 296-2283 DEPARTMENT OF COMMERCE FI C ERIED 500 Metro Square Building St. Paul, Minnesota 55101 MAY 1 1 1981 May 6, 1981 CITY OF SHAKOPEE The Honorable M. C. Harbeck Mayor of Shakopee 129 E. First Avenue Shakopee, Minnesota 55379 Re: $850 ,000 Commercial Development Revenue Bonds of City of Shakopee , Minnesota (Valley Health Properties Project) Dear Mayor Harbeck : The Commissioner of Securities and Real Estate has examined the application and exhibits submitted by you relating to the proposal to offer revenue bonds as authorized by the Municipal Industrial Development Act , M.S. Chapter 474. Based upon the information submitted by you, approval of the project is hereby granted by the Commissioner of Securities and Real Estate. Such approval shall not be deemed to be an approval by the Commissioner or the State of the feasibility of the project or the terms of the revenue agreement to be executed or the bonds to be issued therefor . Very truly yours , MARY ALICE BROPHY Commissioner of Securities and Real Estate MAB: KR:dq Enclosure AN EQUAL OPPORTUNITY EMPLOYER STATE OF MINNESOTA Banking Division F �Tii o .. ......... s Insurance Division (612) 296-2135 T` 9� (612) 296-2488 Securities and Real Estate +:. 4141417i + Administrative Services Division —� Division (612) 296-2594 41NNE' (612) 296-2283 DEPARTMENT OF COMMERCE 500 Metro Square Building y St. Paul, Minnesota 55101 "` elf MAY 1 1 3981 May 6, 1981 CITY OF SHAKOPEE The Honorable M. C. Harbeck Mayor of Shakopee 129 E. First Avenue Shakopee , Minnesota 55379 Re: $1 ,000,000 Commercial Development Revenue Bonds of City of Shakopee , Minnesota (Shakopee Professional Group Project) Dear Mayor Harbeck: The Commissioner of Securities and Real Estate has examined the application and exhibits submitted by you relating to the proposal to offer revenue bonds as authorized by the Municipal Industrial Development Act , M.S. Chapter 474. Based upon the information submitted by you, approval of the project is hereby granted by the Commissioner of Securities and Real Estate. Such approval shall not be deemed to be an approval by the Commissioner or the State of the feasibility of the project or the terms of the revenue agreement to be executed or the bonds to be issued therefor . Very truly yours , / MARY ALICE BROPHY Commissioner of Securities and Real Estate MAB: KR:dq Enclosure • AN EQUAL OPPORTUNITY EMPLOYER 7 SHAKOPEE CABLE COMMUNICATIONS NEEDS ASSESSMENT May 1981 Table of Contents : A. Introduction B. Potential Subscribers C. Cable Services Desired in Community D. Regional Interconnect E. Local Access F. Conclusion G. Appendixes : I - Shakopee Public Utilities Billing Survey II - Direct-Mail Survey III - Social and Civic Organizations Survey T SHAKOPEE CABLE COMMUNICATIONS NEEDS ASSESSMENT A. Introduction The Shakopee Ad Hoc Cable Communications Committee was established by the Shakopee City Council on May 6 , 1980. One of the major tasks requested of the Committee was an assessment of community interest and needs as related to a cable communications system which might potentially be built in the City of Shakopee . Such an assessment is mandated in the regulations of the Minnesota Cable Communications Board as an important part of the cable communica- tions franchise process . The method to be used in conducting the assessment is left to the discretion of each community. For the Shakopee Cable Communications Needs Assessment the Commit- tee elected to draft three surveys and conduct personal interviews with representatives of community institutions . One short survey was sent to approximately 3250 customers in the December, 1980, billing of the Shakopee Public Utilities ( 34. 8% responded) . A second , longer survey was mailed to 299 households selected at random from the Shakopee Telephone Directory (43 . 1% responded) . These surveys sought to determine the nature and extent of citizen interest in cable communications . A third survey of Civic and Service Organizations sought to determine the interest of such organizations in cable communications , particularly the local access programming aspects . This survey was sent to 29 local groups (41 .4% responded) . The questions and tabulated responses of these three surveys are enclosed as appendices to this report . In addition, members of the Committee personally interviewed repre- sentatives of the following institutions regarding potential use of an institutional cable network: Shakopee School District 720 Shakopee Area Catholic Schools Shakopee Community Services Shakopee Police and Fire Departments City of Shakopee Scott County Board and Human Services Shakopee Public Library St . Francis Hospital Shakopee Area Chamber of Commerce Based on these four sources of information the Ad Hoc Cable Communi- cations Committee has reached certain conclusions regarding the interest and need of residents of the City of Shakopee in a cable communications system. B. Potential Subscribers The two surveys conducted with the general citizenry indicated a definite interest in having Cable TV available in Shakopee. 65. 6% of those who responded to the longer survey and 51 . 3% of the short survey respondents answered "yes" to the question, "Would you sub- scribe to Cable TV if it were offered to your community?" In addition 72 . 7% and 52 .4% respectively of respondents to the long and short survey felt Cable• TV is beneficial to the community. -2- 7 Of those interested in subscribing to cable television, a majority favored the full service package of programming, including local access , distant independent TV stations , religious , news wire , sports , live congressional hearings , children' s programs and first- run movies. The full-service package was estimated in the survey to cost $15 to $20 per month. In the long, direct-mail survey 62 . 5% preferred the full-service package while 14.8% selected the two lower-cost options and 22 . 77 didn' t respond. In the short utility- billing survey 55.4% of the respondents preferred the full service package while 16 . 3% selected the two lower-cost options and 28 . 3% didn' t respond . C. Cable Services Desired in Community Based on a ranking of the percent of persons indicating interest in various categories of cable services (or channels) which could potentially be provided, the top five choices in the two surveys conducted in Shakopee were clearly first run movies , educational courses , all night movies , children' s programming and local pro- gramming. 24-hour news ranked high on one survey, but much lower on the second survey. Other categories and rankings with a nota- tion of the percent of respondents expressing interest are listed in Table I . Based on this analysis it can be assumed that the City of Shakopee should favor cable services which provide at least those five ser- vices ranked most highly by citizen respondents . To serve the full variety of interests companies could be encouraged to include as many other services as possible. However, first run movies , all night movies , and children' s programming should be specifically requested. The availability of local access programming capability is mandated under state regulations , but strong expression of citi- zen interest suggests further consideration of special access needs of Shakopee as outlined in Section E, Local Access . Edu- cational courses are not commonly promoted through cable network systems . However, strong local access would provide the capability for community education courses . Also, regional interconnection would provide access to courses which may become available from the University of Minnesota, area community colleges and vocational- technical schools . Therefore , capability to provide immediate regional interconnect and viable local access facilities can be considered a special need to be emphasized for the Shakopee Cable system to meet the desire for educational courses . The longer , direct mail survey specifically addressed the issue of two-way capability which allows for future development of cable options such as home security systems , computer terminals , voting, and health monitoring. Although a strong majority of respondents were in favor of securing two-way capability for the Shakopee System (63. 37) , the Committee determined that it could not draw conclusions from this interest as no estimate of potential charges was -provided. As the provision of an active two-way system is relatively expensive, it was determined that decisions on provision of such services should be based on more detailed market studies . The state regulations require the provisions of two-way capability. The Committee determined this capability is adequate protection for the community until such time as costs of two-way services are re- duced and market studies provide more accurate figures regarding the demand for these services at a given monthly charge . • -3- 7 TABLE I Ranking of Cable Communications Services by Survey Respondents to ' l N co aa. cri co Q 'N ',y Wk ',.4 AG' ',--I ' ' 4:4' iN° 4.--/ t ' ti Service Category 1 (70. 3) 1 (68. 8) First run movies 2 (57) 3 (50) Educational courses 3 (55. 5) 2 (52 . 9) All night movies 4 (53. 1) 4 (42 . 1) Children' s programming 5 (50) 5 (41 . 3) Local programming 5 (50) 10 (32 .4) 24-hour news station 7 (48.4) 6 (37 . 7) 24-hour weather station 8 (47 . 6) 7 (36) Local community announcements 9 (41 .4) 8 (33. 8) Independent TV stations from distant cities 9 (41 .4) 9 (33.6) Computer games 9 (41 .4) 11 (32) 24-hour sports station 12 (39 . 8) 12 (25 .4) Local government proceedings 13 (26 . 6) 14 (15) Senior citizen programming 14 (19 . 5) 13 (15. 1) Religious network broadcasts Notes : 1 . Mailed survey was sent to 299 households and returned by 128 households . 2 . Utility Billing survey was sent to 3250 customers with December 1980 billing and was returned by 1131 customers . 3. Service categories were provided in survey and tabulated in the following groups : interested , not interested, no opinion, no response . The "interested" column was used to create rankings. 4. Surveys were conducted under the auspices of the Shakopee Ad Hoc Cable Communications Committee. -4- 1 D. Regional Interconnect A regional interconnect channel is mandated by the Minnesota Cable Communications Board in the Twin Cities Metropolitan Area. Local interest in educational programs encourages immediate attention to provide this link, to gain access to educational courses avail- able to other service territories . In addition, the Chaska Cable TV Advisory Committee has requested the City of Shakopee to stress this facility so that Chaska can be assured of links with institu- tions such as St . Francis Hospital , which although is in the Shakopee city limits , serves Chaska and other communities . E. Local Access Examination of the issues involved in public access programming for Cable TV led the Committee to conclude that a successful approach involves assurance of access channels , provision of production equipment and expertise, dedication of local effort in producing programs , and viewer interest in watching local access productions . With these elements local access programs can be a unique community service constituting the greatest single benefit of establishing a cable franchise in Shakopee . Given citizen interest in viewing local programs , as expressed in the local surveys , the Committee reviewed the other components necessary to successfully provide local access programs . Regulations of the Minnesota Cable Communications Board require that at least four access channels be provided to cable service territories in the twin cities metropolitan area , including public access , government access , educational access and leased access . In addition, the regulations stipulate that whenever any of the designated access channels are in use during 80% of the weekdays or for 80% of the time during any consecutive 3 hour period for six weeks running and there is a demand for use of an additional channel for the same purpose , the system shall then have six months in which to provide a new specially designated access channel for the same purpose , provided that provision of such additional channel or channels shall not require the cable system to install converters . Such regulations satisfy the most basic community needs for local access by assuring access channels . In some large communities the institutional needs addressed by access channels are of a magnitude that warrants the establishment of an institutional network provided on a separate cable from the subscriber network cable. The Shakopee Public School Distrist has indicated a strong interest in institutional use of cable communications options , and the local surveys suggest strong citizen interest in educational courses . However , the Committee has determined the current overall institutional demand for cable options in Shakopee can be adequately addressed by the establishment of special channels on the subscriber network, at a lower overall cost . Regarding the issue of production equipment and expertise , the Committee has determined that initial emphasis should be on minimal equipment with a focus oh technical assistance . Until -5- 7 local citizens and organizations are fully aware of potential uses of access channels , major expenditures on high cost equipment will serve to raise general service rates with little benefit to the community-at-large . Provision of technical assistance to inform the community of potential benefits of cable and offer expertise in the operation of the equipment will offer a more beneficial focus -for initial company expenditures in the area of public access . The initial emphasis should be followed by a firm commit- ment to provide additional , more sophisticated production equip- ment as demand and local expertise increases. Realizing the difficulty for the City (franchisor) in monitoring efforts of the cable franchisee to encourage public access and to follow-up their initial commitment to provide additional access equipment and facilities over time , the Committee encourages the formation of a local , non-profit corporation to establish policy and oversee use of the public access channels . The survey of Civic and Service Organizations questioned whether organizations would be willing to participate in such a corporation. One-third of the respondants (4) indicated an interest in serving on the committee , which is judged a good core of interest for subsequent expansion as more people and groups become aware of local access potential . Participation of local groups in this manner is also seen as a way to encourage local involvement in the production of public access programs . F. Conclusion The conclusion of the surveys conducted and subsequent additional study by the Committee is that a cable communications system is desired and will benefit Shakopee. The Committee recommends that the results of this report be utilized in determining the required and desired elements of a cable franchise for Shakopee . -Ia- 2 Appendix I Shakopee Public Utilities Billing Survey CITIZENS' CABLE COMMUNICATION SURVEY OF NEEDS Thanks for completing and returning this survey with your December utility bill. Please call Jeanne Andre at 445-3650 if you have any questions about this survey. Would you subscribe to cable TV if it were offered to your community? YES NO Though you may not subscribe, do you feel cable TV would be beneficial to your community? YES NO Which cable television service package would you prefer? (check one) A service that provides community, educational and governmental access pro- a gramming if this service was provided free except for an installation fee. A service that offered 20+ channels of drogramming such as a station from b Atlanta, religious programming, a news wire, sports from Madison Square Garden, and live hearings from Congress, for a charge of $6 to $10 per month plus installation. A full-service package that provides all the previously mentioned services c plus more sports programming, children's programming, first run movies, and informational services for $15 to $20 per month plus installation. Cable television offers many channel selections beyond y4 the five you now receive. Some of these additional 2a 4' o channels are listed below. Check the column that best co �c �s describes your interest. `� pQ a) Independent TV stations from distant cities such as New York, Atlanta and Chicago b) A 24 hour sports station c) A 24 hour news station d) A 24 hour weather station e) Computer games f) All night movies g) First run movies (Example: Home Box Office) h) Local programming i) Local community announcements j) Children's programming k) Religious network broadcasts 1) Educational courses m) Local government proceedings n) Senior citizens programming o) Other: -Ib- RESULTS OF CITIZENS ' CABLE COMMUNICATION SURVEY OF NEEDS The following survey was compiled by the Ad Hoc Cable Communications Committee of the City of Shakopee , as a portion of the needs assess- ment process for cable communication . The needs assessment is meant to comply with the requirements of the Minnesota Cable Communications Board . The survey was sent to approximately 3250 households in Shakopee with the December , 1980 billing of the Shakopee Public Utilities , requesting recipients to complete the survey and return it with their December utility payment . The response was 1131 surveys returned , for a response rate of approximately 34. 87 (1131/ 3250) . 1 . Would you subscribe to cable TV if it Yes 580 = 51 .37 were offered to your community? No 245 = 21 . 7'/0 No Response 306 = 27 2 . Though you may not subscribe , do you Yes 593 = 52 .47 feel cable TV would be beneficial to No 179 = 15 . 8°7° your community? No Response 359 = 31 . 8% 3 . Which cable television service package would you prefer? (check one) (A) A service that provides community , 105 = 9 . 3% educational and governmental access programming if this service was pro- vided free except for an installation fee . (B) A service that offered 20+ channels 78 = 7 % of programming such as a station from Atlanta , religious programming, a news wire , sports from Madison Square Garden , and live hearings from Congress , for a charge of $6 to $10 per month plus installation . (C) A full-service package that provides 627 = 55 .47 all the previously mentioned services plus more $ports programming, children ' s programming, first fun movies , and infor- mational services for $15 to $20 per month plus installation . No response 321 = 28 .3% -Ic- a) 0co 0 4 . Cable television offers many channel ' oQ selections beyond the five you now receive . Some of these additional y 0 20 Zo channels are listed below. Check the column that best describes your interest . a) Independent TV stations from distant cities 382 251 175 323 such as New York, Atlanta and Chicago 33 . 8% 22 . 2% 15 . 5% 28 . 5% b) A 24 hour sports station 362 389 116 264 32 % 34.4% 10. 3% 23 . 3% c) A 24 hour news station 366 332 151 282 32 .4% 29 . 3% 13 .4% 24. 9% d) A 24 hour weather station 426 295 142 268 37 . 7% 26 .1% 12 . 5% 23 . 7% e) Computer games 380 314 139 298 33 . 6% 27 . 8% 12 . 3% 26 . 3% f) All night movies 598 214 70 249 52 . 9% 18 . 97 6 .2% 22 7 g) First run movies (Example : Home Box Office) 778 132 37 184 68 . 8% 11 . 7% 3 .3% 16 . 2% h) Local programming 467 207 171 286 41 . 37 18 . 37 15 . 1% 25 . 3% i) Local community announcements 407 241 192 291 36 % 21 . 3% 17 % 25 . 7% j ) Children ' s programming 476 259 113 283 42 . 1% 22 . 9% 10 % 25 k) Religious network broadcasts 171 454 187 319 15 . 1% 40 . 2% 16 . 5% 28 . 2% 1 ) Educational courses 566 183 114 268 50 % 16 . 2% 10 . 1% 23 . 7% m) Local government proceedings 287 343 191 310 25 .4% 30. 3% 16 . 9% 27 .4% n) Senior citizens programming 170 399 225 337 15 % 35 . 3% 19 . 9% 29 .8% o) Other : College courses (2) Stock market (2) Better reception Symphony -Id- 7 Another country Sports events Cultural events Exercise , jazz exercise , aeorbic dancing Oriental languages Science shows Art shows Live concerts Sex Classics Masterpiece theater Children ' s classics Family shows Documentaries Nature shows Travelogs Additional Comments : This area near the cities doesn ' t need cable , why change? First run movies only if decent You sure like to milk the public Will take cable television if religious programming is not on Not interested Hell no Not in favor of more smut piped into our home I think $15 to $20 per month is a little steep We 've been hoping that we could get cable TV Can ' t afford but would like full-service package We have enough charges without that yet No phorn -I la- Appendix II Direct-Mail Survey CITY OF SHAKOPEE INCORPORATED 1870 /At .!;: °Y 129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445-3650 Cable TV can offer Local Cable Origination * 24-hour local weather radar * time/weather scan November 1980 * message wheel/community bulletin board * channel guide * public access(individuals,nonprofit organiza- Citizens of Shakopee: tions and civic groups) * educational access(credit and non-credit In May of this year, the City Council of the City courses,adult continuing education,home- of Shakopee, appointed an Ad Hoc Cable Communica- bound instruction,school board meetings) tions Committee, to advise the Council of certain * governmental access(city council meetings, aspects of franchising a cable communications in-service training, traffic light control) system for our community. * leased access(commercial and non-commercial) * regional channel The committee would like to introduce you to the * cable company programming concept of cable communication and to the efforts * news ticker(local,state,regional) currently being undertaken. Cable TV offers un- * sports ticker limited horizons in family viewing, and represents a whole new era in communitive media. With this * stock ticker(business and financial information) letter is a list of just some of the services, * institutional network (medical/health,cultural, Cable TV can offer. educational,governmental) * two-way interactive Before Cable Television can become a reality in Local and Regional Off-the-Air Broadcasts our community there are nine specific steps which must be completed. To date the committee has * local TV channels(commercial,public) completed four of these steps and we are now ask- * distant TV stations(via microwave and from translators) ing for your cooperation and assistance in step number five. Please complete the enclosed quer- * AM, FM,and Shortwave tionnaire and return it in the enclosed envelope. Via Satellite * first-run and classic movies(family and R-rated) Only after all of the steps are completed can the * senior citizen programming actual cable be set in place. Once the cable is * childrens'programming 'nstalled, each resident will have the choice of * U. S. House of Representatives(gavel-to-gavel) onnecting to the system. Depending on the level * religious networks f service, you the customer selects, it is anti- * sports specials and networks cipated that the monthly charge will be roughly * foreign language networks :quivalent to your basic telephone bill . * night club entertainment specials * distant TV"Superstitions" Please feel free to contact any of the following * distant radio Signals committee members if you have any questions or * national/international wire services display concerns regarding Cable Television or the enclos- (slo-scan video) ed questionnaire. Other Services Our committee meetings are open to the public, * talking books(services for the blind) and we invite your participation. Thank you for * video games(play cable) completing and returning the questionnaire. * computer access and computer based learning * stock information retrieval service Sincerely, * captioned programming for hearing impaired * data display (bus schedules,airport arrivals) AD HOC CABLE COMMUNICATIONS COMMITTEE * power load control (monitoring)and meter R. Gene Foudray - Chairman 445-2356 reading * civil emergency alert Eileen Christensen 445-7142 ?.illian Ahern 445-1743 * fire,burglar and medical alarm to authorities ;carry Kirchmeier 445-6208 * facsimile mail,eletronic delivery of daily Randy Gorman 445-1711 newspapers Lee Davis 445-4516 * high-speed data transmission * banking,shopping transactions,credit card verification ' * traffic light control • The Heart of Progress Valley An Equal Opportunity Employer -IIb- 1 RESULTS OF CITIZENS ' CABLE COMMUNICATION SURVEY OF NEEDS The following survey was compiled by the Ad Hoc Cable Communications Committee of the City of Shakopee to comply with Minnesota State legislation requiring communities , as part of the process of select- ing a cable communications franchise , to access the needs of the community with respect to cable communications . The survey was mailed to 299 households in Shakopee in December of 1980. Recipents were selected at random from the telephone book. Two surveys were returned with a notation from the Post Office that they could not be delivered , providing a total of 297 delivered surveys . Of those delivered , 128 were completed and returned , for a response rate of 43 .1% (128/297) . 1 . Would you subscribe to cable TV if it Yes 84 = 65 . 6 were offered to your community in the No 35 = 27 .4 near future? No Response 9 = 7 .0 % 2 . Even though you may not subscribe , do Yes 93 = 72 . 7 you feel cable TV would be beneficial No 21 = 16 .4 "/o to your community? No Response 14 = 10. 9 If you circled yes to either of the above , would you please take a few minutes to com- plete the following questions : 3 . Are you 18 years or older? Yes 107 = 83 . 6 % No 2 = 1 . 6 No Response 19 = 14. 8 4. What is your sex? Male 73 = 57 % Female 37 = 28 . 9 No Response 18 = 14. 1 % 5 . Cable television has the advantage of Yes 85 = 66 .4 bringing many televeision stations into No 21 = 16 .4 your home with near perfect reception . — Would this be an important factor in No Response 22 = 17 .2 % your decision to subscribe to cable TV? 6 . Which cable television service package would you prefer? (check one) (A) A service that provides community , 8 = 6 . 2 educational and governmental access programming if this service was provided free except for an installation fee . -IIc- 1 (B) A service that offered 20+ channels 11 = 8 . 6 % of programming such as a station from Atlanta , religious programming, a news wire , sports from Madison Square Garden , and live hearings from Congress for a charge of $6 to $10 per month plus installation . (C) A full-service package that provides 80 = 62 . 5 all the previously mentioned services plus more sports programming, children ' s programming , first run movies , and informa- tional services for $15 to $20 per month plus installation . No Response 29 = 22 . 7 7 . Cable television offers many channel o selections beyond the five you now receive . co o Some of these additional channels areb 04 o co listed below. Check the column that best 4., o . o describes your interest . o �co � . �`� 0 a) Independent TV stations from distant cities 53 25 16 34 such as New York, Atlanta , and Chicago 41 .47 19 . 5% 12 . 57 26 . 6% b) A 24 hour sports station 53 34 16 25 41 .4 ° 26 . 6% 12 . 57 19 . 57 c) A 24 hour news station 64 23 15 26 50 % 18 % 11 . 7% 20. 3% d) A 24 hour weather station 62 24 19 23 48 .4% 18 .8% 14 . 8% 18 % e) Computer games 53 34 17 24 41 .4% 26 . 6% 13 . 3% 18 . 7% f) All night movies 71 28 7 22 55 . 5% 21 .8% 5 . 5% 17 .2% g) First run movies (Example : Home Box Office) 90 9 4 25 70 . 3% 7 % 3 . 1% 19 . 6% h) Local programming 64 20 21 23 50 % 15 . 6% 16 .4% 18 % i) Local community announcements 61 21 23 23 47 . 6% 16 .4% 18 % 18 j ) Children ' s programming 68 25 15 20 53 . 1% 19 . 5% 11 . 7% 15 . 7% -IId- co 27 h O co 0 co U Q O Zp ZO k) Religious network broadcasts 25 56 22 25 19 .5% 43 . 8% 17 .2% 19 .5% 1) Educational courses 73 20 13 22 57 % 15 . 67 10. 2% 17 . 2% m) Local government proceedings 51 38 15 24 39 . 87 29 . 7% 11 . 7% 18 . 8% n) Senior citizens programming 34 41 24 29 26 . 6% 32 % 18. 7% 22 . 7% o) Other ; Less sex-oriented ads and programs (1) Live performances in the arts ; ie , opera , ballet , plays (1) Computer terminals (1) Sports (1) Wildlife documentary (1) X-rated movies (1) 8 . Two-way capability gives cable television Yes 81 = 63 .3 % many additional options such as home No 19 = 14 . 8 security systems , computer terminals , voting, and health monitoring . Although No Response 28 = 21 . 9 many of these options are still in the future , should our community ' s cable television have this capability? 9 . A "self-addressed" capability provides Yes 83 = 64. 8 % an option for such subscriber to pay No 18 = 14 . 1 % a single fee for a specific event such as a special concert , opera , or sport- No Response 27 = 21 . 1 % ing event like a championship fight . The fee would be paid only by those wishing to view the event and all others would be blacked out . Would you like such an option? 10. Can you suggest groups within the community that might be interested in using the public access channels? School Board (1) Schools (5) Mt . Olive Lutheran Church (1) Churches (and church groups) (3) City Council (1 Civil Defense Director (1 ) Hospital (1) -11e- Civic & Social Organizations - groups that do a lot of fund raising such as American Cancer Society (1) League of Women Voters (2) Shakopee/Prior Lake Assn . for Children with Learning Disabilities (1) Public Services (health, fire , police) (1) Senior Citizens (1) Boy- Scouts (1) Girl Scouts (1) Women ' s Correctional Institution (1) Grocery stores (prices) (1) "SAFCOM" division of Scott Co . Civil Defense for summer storm weather spotter reports (1) Recreation Dept . youth programs (1) Recreation Board (1) Softball Association (1) Basketball (1) Hockey Association (2) Tahpah Softball Tourney (1) Ones which think they must keep "up with the times" 11 . Comments : Don ' t waste tax payers money in taking polls and deciding on something - this is the second survey I 've done on this . This poll costs 30¢ (mailing) and one personal call on it and we ' re just one family . Add it up and see what it costs so far . I think it would be nice to have cable TV - a change from the other stations . With five channels now - we need no more . I strongly suggest a sufficient senior citizens discount like 50% off or better . Would very much like to see cable TV in my community . I am all for Cable TV in the Shakopee area . Both beneficial and rewarding for young and old . Hook it now. Cable TV is something my family has been looking forward to . We hope there is enough interest within the community. Cable TV is what Shakopee has needed for a long time . TV shouldn ' t be of such importance in the home . Children ' s education has suffered enough as a result of TV. Why put even more emphasis on it . And don ' t tell me kids will program only to educational shows . Cost if the most important factor . Two-way capability would depend on the amount of money involved . Strongly agree with "self-addressed" capability . I feel that this would be an excellent item for Shakopee . Cable TV is a good idea - I can ' t wait . I hope you can move this program along . • I 'm not interested in any.. - -IIf- 7 I believe the programs available in this area should be sufficient to satisfy everyone in the area , seems to me that with the present economy status of this country it should behoove most or all of us to use our money wisely on useful things such as food , housing and clothing. Cable TV is another worldly device to keep us distracted from worshiping our Lord. The people must start turning to him - time is running out . Jesus Christ and his salvation must be proclaimed . I think this would be very beneficial to the community and perhaps be another attractive feature for people thinking of moving here or a near by community that offers it . Very seldom watch TV at home . Not a TV watcher - less than 8 hours weekly. Shakopee has needed something like this for a long time . The sooner you get this going the better . Thanks . I moved to Shakopee because it has a pure , clean and upright atmosphere to raise children in. It has many recreational and natural activities to enjoy . Why ruin this with more attention towards sitting in front of the TV and more emphasis on sex - which cannot be monitored by parents completely . I would like to have cable TV in Shakopee as soon as possible . We hope Shakopee gets cable TV soon . My father, brother, and sister all have it and enjoy it very much. We don ' t need any of this . Skip it . Our family has been eagerly awaiting cable . —IIIa— Appendix III 7 Social and Civic Organizations Survey CITY QF SHAKOPEE 3 INCORPORATED 1870 ��� 9 129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445-3650 4 1�.11�' November 24 , 1980 rc'` Dear Community Leaders : The Shakopee Ad Hoc Cable Communications Committee is very interested in getting input from the various civic and service organizations in Shakopee . We need this information so we can obtain a cable system that will be responsive to the community ' s and your organization ' s needs . Would you please take a few minutes and complete the attached questionnaire? If you have any questions , please feel free to contact members of the committee , whose names and numbers are listed below . We would appreciate return of the completed survey by December 30, 1980 . If this deadline is a problem for your group , please let us know when you can reasonably complete the question- naire . Thank you for your cooperation . Sincerely , AD HOC CABLE COMMUNICATIONS COMMITTEE R . Gene Foudray , Chairman 445-2356 Eileen Christensen 445-7142 Lillian Abeln 445-1743 Barry Kirchmeier 445-6208 Randy Gorman 445-1711 Lee Davis 445-4516 /jms enclosure • The Heart of Progress Valley An Equal Opportunity Employer -IIIb- ^ CABLE COMMUNTCATIONS SURVEY Civic and Service Organizations 1 . Does your group feel our community has any needs or problems that cable TV can help? Yes- 5 No No Response 5 If yes , what need or problem most concerns you, and how might cable TV help? 2 . Identify your group and the person to whom future information regarding cable TV should be referred . 3 . Does your organization have a need or problem that cable TV might help? Yes 1 No 7 No Response 3 If yes , please identify the need or problem . How might cable TV help to solve it? 4 . Assuming a cable TV system is franchised for Shakopee with free program time available , would your organization use it? Yes 7 No 2 No Response 3 If yes , explain the nature of the programming anticipated and estimate the frequency of use . Responses: Advertising community service projects , promoting Jaycee events , educational programs , church services , devotions , interviews , visiting performers, music groups , special events, medical tips , scout events Daily 1 Weekly 1 Monthly 2 Occasionally 6 5 . If local control is retained over the public access channels , as opposed to management by the cable TV company, would your organization be interested in participating in a governing committee? Yes 4 No 5 No Response 2 Yes respondents include : Shakopee Jaycees Shakopee Lions St . John' s Lutheran Church - Walter Johnson Boy- Scouts • 11 /20/80 -IIIc- 7 CABLE COMMUNICATIONS SURVEY Civic and Service Organizations Respondents Non-Respondents Jaycees Chamber of Commerce League of Women Voters Veterans of Foreign Wars Jaycee Women American Legion Post No. 2 Rotary Senior Citizen' s Club Lions Congregate Dining Knights of Columbus Girl Scouts Knights of Columbus Auxillary Shakopee Baptist Church Boy Scouts Shakopee Assemblies of God Church Christ Lutheran Church Mt . Olive Evangelical Lutheran St . John' s Lutheran Church Church Shakopee Medical Clinic First Presbyterian Church Minnesota Correctional Institution Jehovah ' s Witnesses - Shakopee Unit for Women Calvary United Methodist Church St . Mark' s Catholic Church St . Mary ' s Catholic Church Garden Club (now defunct) Sundance Medical Clinic Dr. Ivy B. Heinz and Assoc. EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-SOD LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS, MINNESOTA 55402 339-8291 (AREA CODE 6121 April 16, 1981 File: Financial Consultants: Ehlers and Associates Please distribute to governing body members. The bond market has fluctuated widely, almost daily, on news of various world events, including the Polish problems, rumored large corporate financings, and the attempt on the President's life. Investors are trying to believe that President Reagan = Dow Jones Index will succeed in controlling federal spending and infla- ' ` ' ' ` ' tion but, with the predictable outcry from those fMWJONIESMUNICIPALS "entitled" to government programs, some doubt that the "_WEEKLYAVERAGE or, IEN cutbacks will stick. The wounding of the President may 20.YEAR RONDE bring such public support that he and his programs will be unassailable. - The recent huge losses in bond portfolios are very much A- in the investors' minds and, of course, a war could 8 LAST WEEK 3.1.46% upset everything. PREV WEEK 11.24% * * * April 13, 1981 How does one decide whether to borrow long term at the time of construction or issue temporary bonds or bond anticipation notes (BANS)? Construction loans followed by long term financing have been customary in real estate developments primarily because there are different lenders. Commercial banks look upon short term construction borrowing as commercial loans whereas S and L's and insurance companies who make longer commitments (or used to) are security minded and desire a completed, developed and larger mortgageable interest. The same considerations are not material in most municipal financings. Short term financings sometimes do carry lower interest rates. However, in recent times short term yields have been higher. By preceding the long term (definitive) financing with a short issue the average maturity of the long term financing is also reduced, and, therefore, unless the market has changed, the average net interest rate on a long issue may be reduced. By waiting until an improvement is complete and specially assessed, the city can reduce the long term financing by the amount of prepaid assessments and can finance actual, not estimated, costs. This, it is said, will reduce the government's debt and improve debt ratios and bond ratings. And some say that, by using temporary financing in an unsettled bond market, one can wait and pick a better market later and the city will not be saddled with the rates prevailing at the time of letting contracts. These ideas have some plausibility but there are sometimes some overriding factors. 1. True, usually temporary financing carries lower interest rates, but this financing may not even be available unless the temporary lender has an assured "take out" commitment from a long term lender. 2. The subsequent long term financing is two or three years shorter and might therefore garner a lower interest rate in a given market. The problem is that, with zigs and zags, interest rates have been on a sharp uptrend and many subsequent long term financings have taken place in a much worse market. For every temporary financing that has actually reduced interest rates there are others where the permanent financing has been very disappointing. The graver risk is that the long term financing may just not be available later. No one can predict interest rates six months, a year or two years away. Those who try are wishing something to happen and that is very dangerous. 3. With a variety of ongoing improvements the need to finance to exact cost (less the prepaid special assessments) is not so important in that if the project is overfinanced the surplus is used for a similar project or placed in the bond fund. It is significant that the city can usually invest assessment prepayments to at least cover the interest rate on the bonds. That there may be a greater bond fund balance may improve the financial statement. Unless used for other projects (requiring less borrowing the next time), the surplus reduces the net debt, which, for the investors' view, presents a better risk than does less debt and less surplus. The community with greater reserve can weather greater adversity. With an appropriate call option the original interest rates need not be paid to maturity. And finally, with two or more borrowings associated with temporary finance, the borrower pays duplicate legal fees, fiscal fees, underwriting margins, printing costs and administrative expense. 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CO CO N N Na N 00 co N Na Na N (0 7 ✓ (O(OLID V V VVW CA) CEJCEJW W 0C..JC.)J (0 (0 (0 (0V V VGJWCA) GJ 0. C, .2 CA C2 -4 02 a•2 32 34z 3•@ 04 3S 732 oe 0¢ 'Ere IA o2 02,¢3$of CA C2 C.Q.Cf 34 04 C4 CD O X = CD '.� N Da n n n n n Z Z Z n a 3 a Z a a a a a a a a a a a a a CO 20 a I I 20 20 ."17 1--+ I Z) 1 a s a a I--' IJ 0 1-' I-' a (t I I J. H' FJ (0 RECEIVED 7 MAY 5 1981 or! OF SHAKOPEE May 1, 1981 Representative Tom Rees 365 State Office Building St. Paul , Minnesota 55155 Dear Representative Rees: With reference to our telephone conversation concerning one of your constituents, Mike Mobley, please be advised that I met with Mr. Mobley and report the following to you. Mr. Robley is looking to construct a 1,500 sq. ft. metal building to handle an increase in his business. He has enough money for the building and equipment but will not mortgage his business to obtain property on which to construct. After a lengthy discussion, I presented fir. Mobley with the following alternatives: 1. Investigate the potential of a special use permit being granted by the city so that the building can oe constructed on a vacant lot next to his current opera- tion. Alledges neighbors would not object. 2. Investigate the purchase of land in Shakopee Industrial Park. Land is market priced in the $25,000-30,000/acre range. When advised of this, Mobley said he would never pay that kind of price for land. 3. Provided available lease space information but current lease rates are too high for Mr. Mobley. 4. Provided relocation sites in smaller towns where land costs may be appreciably lower. Discussion revealed that Mobley has a lead on a 3/4-acre parcel of land in Maple Lake, owned by a friend, and on which he will check out the cost. Mr. Mobley was not sure of just what he wants to do. He assured me that after he checks out the alternatives presented, he will let me know what he actually plans to do. At that time, I will provide whatever additional assistance is necessary. Mr. Mobley is also considering relocation of his entire operation to South Dakota, where he alledges it costs 50% less to conduct business, or Wisconsin, where he al - ledges it costs 30% less. He cited Minnesota taxation policy as his major obstacle to doing business in this state. Sincerely, James A. Lushine Economic Development Consultant 612/296-5009 cc: John Anderson, City Administrator City of Shakopee, 129 East First Ave. , Shakopee, MN 55379 /0 National 1301 Pennsylvania Avenue NW Officers: qP6q:PtIC:& League Washington,D.C. President 20004William H.Hudnut IM"AY 1 1 1981 of Mayor,Indianapolis.Indiana Cities (202)626-3000 First Vice President James F gatimia� `F SHAKOPEE Cable:NLCITIES Mayor St jlo,�//7 Second Vice President Ferd Harrison Mayor.Scotland Neck.North Carolina Immediate Pest President Jessie M.Ramey Councilwoman.Newport News,Virginia Executive Director Alan Beals NLC LEGISLATIVE HOTLINE 202-626-3275 To: (1) Mayors and Managers of Direct Member Cities (2) Executive-Directors of State Municipal Leagues- (3) Steering Committee Members (j1 .iu From: George Gross, Director, Federal Relations Subject: NLC Legislative Letter: 6 May 1981 In this issue: FY 1981 Rescissions and Deferrals The House Appropriations Committee on May 4 approved more than 100 rescissions and deferrals of FY 1981 funds, many affecting urban programs. The Committee' s action on the rescissions and deferrals is part of the omnibus Supplemental Appropriations and Rescission Bill for FY 1981. The bill (1) provides supplemental appropriations, primarily for national defense, pay costs, food stamps, and veterans ' entitle- ment programs; (2) rescinds or defers funds for a wide range of programs, most originated by the Administration, some by the Committee; and (3) extends from June 5 to September 30, 1981, the effective date of the current continuing funding resolution, which applies primarily to the Departments of Labor, Health and Human Services, Education, and Treasury. Following are the Committee' s actions on rescissions and deferrals involving urban programs in FY 81 : EDA - proposed rescission of $342 million for EDA programs; committee rescinds $181 million, .making $161 million available for EDA programs; of the $161 million, $21 million is expected to be made available for planning assistance grants Pest Presidents:Tom Bradley,Mayor,Los Angeles.California•Henry W.Maier,Mayor,Milwaukee.Wisconsin•Tom Moody Mayor.Columbus,Ohio•John P Rousekis,Mayor,Savannah,Georgia•Directors:Stephen C.Bauer,Executive Director,League of Oregon Cities•Arne Boyum,Executive Director.North Dakota League of Cities•Charles G.Clack,Mayor.Garland.Texas•Malcolm Clark,Council Member.Port Arthur,Texas•Thomas J.Clark,Council Member, Long Beach.California•Joanne Collins,Council Member,Kansas City,Missouri•Thomas H.Cooke,Jr.,Mayor.East Orange,New Jersey•Willie Dell,Councilwoman.Richmond.Virginia•Woody Etherly,Jr.,Council Member,Flint. Michigan•W.Elmer George,Executive Director,Georgia Municipal Association•Anne Gresham,Council Member,Grand Prairie,Texas•Paul E.Haney Council Member,Rochester,New York•George Latimer,Mayor.St Paul. Minnesota•Ronald P Lurie,Commissioner,Las Vegas,Nevada•Ruth W.Messinger,Council Member.New York.New York•Robed H.Miller,Executive Director South Dakota Municipal League•Ernest N.Mortal,Mayor,New Orleans, Louisiana•Mary Neuhauser,Council Member.Iowa City.Iowa•Hernan Padilla,Mayor.San Juan,Puerto Rico•Kenneth Payne,Executive Director,Rhode Island League e:Cities and Towns•Donald R.Peoples,Chief Executive.Butte, Montana•Jayne H.Plank,Mayor,Kensington,Maryland•Patricia Roach,Commissioner,Dayton,Ohio•Charles Royer,Mayor,Seattle,Washington•James T.Ryan,Mayor,Arlington Heights,Illinois•Arthur E.Trujillo,Mayor,Santa Fe. New Mexico•Fred Turnage,Mayor,Rocky Mount,North Carolina•John F Sbtkins,Executive Director,Alabama League of Municipalities•Daniel K.Whitehurst,Mayor,Fresno,California•Don A.Zimmerman,Executive Director,Arkansas Municipal League 2 Regional Economic Development - proposed rescission of $21 million for title V regional development programs; Committee rescinds $21 million Appalachian Regional Development - proposed rescission of $110 million, ending all non-highway Appalachian development programs; Committee rescinds $25 million and defers $15 million for later use, initiating a phasedown to give affected states and localities time to adjust Coastal Energy Impact - proposed rescission of $40 million for aid to coastal states and localities impacted by energy develop- ment; Committee rescinds $33 million, defers $7 million for use in FY 82 FmHA Rural Housing - proposed rescission of $316 million in housing loans for moderate-income families; Committee rescinds $150 million, defers $166 million for later use FmHA Development Loans - proposed rescission of $160 million for water and waste disposal loans; Committee rescinds $50 million, defers $110 million for later use FmHA Fire Protection Grants - proposed rescission of $1. 5 million, for rural fire protection grants; Committee defers funds for later use Section 8 and Public Housing - proposed rescission of $5. 2 billion, reducing section 8 and public housing program level from 254 , 500 to 210, 000 units; Committee rescinds $5 . 2 billion, urging reexamination of section 8 new construction to reduce inordinate cost Solar Bank - proposed rescission of $121 million, ending all Bank activities; Committee rescinds $101 million, leaving $20 million to begin start-up conservation assistance program in FY 82 701 Planning Grants - proposed rescission of $33. 8 million for planning grants; Committee rescinds $33 million, effectively ending 701 program 312 Rehabilitation Loans - proposed rescission of $110. 9 million for rehabilitation loans; Committee rescinds $110. 9 million in appropriated funds, but permits use of $62 . 3 million from loan repayments to continue program on reduced scale Neighborhood Self-Help - proposed rescission of $8 . 1 million for self-help grants; Committee rescinds $8. 1 million 3 HUD Research and Technology - proposed deferral of $5 million for research activities; Committee rescinds $5 million instead EDA Construction Grants - proposed rescission of $1. 7 billion in Section 201 wastewater treatment grants; Committee rescinds $1. 7 billion, pointing out that $3. 5 billion in unobligated funds remain available National Consumer Coop Bank - proposed rescissions totalling $89. 8 million, terminating the Bank' s activities; Committee rescinds only $17 million Urban Parks - proposed rescission of $35 million for urban parks grants; Committee rejects rescission Land and.Water- Conservation- - proposed rescission of $250_ million for payments to states and federal land acquisition programs; Committee rejects rescission Historic Preservation - proposed rescission of $8 million for grants to states for historic preservation programs; Committee rejects rescission Energy Conservation (State-Local Programs) - proposed rescissions of $100 million for schools and hospitals audits and $7 million for weatherization; Committee rescinds only $42 . 5 million for schools and hospitals and rejects rescission of weatherization funds CETA Public Service Employment - proposed deferral of $606. 7 million for title II-D public service jobs and rescission of $234. 5 million for title VI public service jobs, phasing out both programs by end of FY 81; Committee approves both the deferral and rescission Elementary and Secondary Education - proposed rescission of $706. 2 million for title I ESEA grants to local school districts; Committee rescinds only $282 . 5 million * * * * * * * * * * * * * NOTE : In order for a rescission to take effect, both the House and the Senate must approve it in identical form. A deferral is in effect immediately; however, if either the House or the Senate vote to disapprove the deferral by a majority vote, the funds involved must be spent immediately. // METROPOLITAN WASTE CONTROL COMMISSION 350 Metro Square Building, Saint Paul, Minnesota 55101 222-8423 SEWER SERVICE AREA ADVISORY BOARDS PLANT TOURS Plant tours will begin at 9:00 AM and conclude at noon. Please indicate your choices and return the form to the Metropolitan Waste Control Commission, 350 Metro Square Building, St. Paul, Minnesota 55101, Attention: Plant Tours. Map cf plant location will be mailed to you after selection has been made. Metro Plant (St. Paul) June 24th Seneca Plant (Eagan) July 15th Blue Lake Plant (Shakopee) July 29th Metro Plant (St. Paul) August 12th Empire Plant (Empire) August 26th Other Plants (Please indicate) Specjal arranagements will be made. • NAME MUNICIPALT-'Y ADDRESS PLEASE RETURN AS SOON AS POSSTRTP. //C7? ROBERT J. SCHMITZ Senator 36th District Route#1 Jordan, Minnesota 55352 Senate Office: 235 State Capitol St. Paul, Minnesota 55155 Phone: (612)296-7157 State of Minnesota May 1 , 1981 RECEIVED Mr. John K. Anderson MAY 41981 City Administrator City of Shakopee CITY OF SHAKOPEE 129 East First Avenue Shakopee , Minnesota 55379 Dear John : Thank you for notifying me of the concern the Shakopee City Council has regarding House File671 . Manufactured housing has been a much talked about issue in our area . House File671 was introduced to widen the use of manufactured homes , including mobile homes , in zoned areas within a city . Many cities within the district fear this bill would cause many problems with local ordinances . Under these conditions , I could not support this type of legislation . House File 671 never passed out of the Local and Urban Affairs Committee . The companion bill , Senate File 954 , did not even receive a committee hearing . Thus , no further action will be taken on this matter this year . Thank you again for contacting me . If you have further comments or questions , please give me a call . Sincerely , • j:7 /7 , (74).;> /:4//i ROBERT SCHMITZ Chairman Senate Veterans Affairs Committee RJS/st COMMITTEES • Chairman, Veterans Affairs • Rules& Administration • Transportation • Taxes&Tax Laws • Elections& Reapportionment Ig 5MEMO //.5- MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Sewer Service Rate Increase DATE: May 13, 1981 The resolution adopting the new sewer rate specifies implementa- tion for bills sent out on, or about, June 1, 1981. Residential service is billed monthly and customers will see the new rate based on their winter water consumption on their next bill. Commercial, and most industrial, customers are billed quarterly. They will see the new rate on their July 1st bill based on water use for March-June. Projected Bills: Current residential amount Regular: $6.44/mo. Sr. Citizen: $5.43/mo. Water Use (Flow/Monthly) 1980 Rate 1981 Rate Small Retail 1,000 g $ 2.66 $ 2.76 2,000 g 3.32 3.52 3,000 g 3.98 4.28 4,000 g 4.64 5.04 5,000 g 5.30 5.80 Most Residences 6,000 g 5.96 6.56 7,000 g 6.62 7.32 8,000 g 7.28 8.08 Mid-size Commercial 48,000 g 34.00 38.48 Large Comm./Small Ind. 111,000 g 79.00 90.44 Large Industrial 280,000 g 198.00 227.05 18,146,000 g 12,770.00 13,866.46 GV/ljw • / ,oaktc, ITY F SHAKOPEE• 4' r 129 East First Avenue, Shakopee, Minnesota 55379 MEMO To: John Anderson, City Administrator FROM: LeRoy Houser, Building Official SUBJECT: Mobile Home Legislation DATE: May 12, 1981 I still question the intent of the bill . Mobile Homes are available to the first time buyer now. After the bill goes through there will be no more mobile homes, they will fall into the manufactured housing category. VA and FHA already guarantee loans on mobile homes. How pray tell will it make it more affordable by deceptive name changing? Its no wonder Michigan or Wisconsin ruled in favor of the mobile home industry. Its one of their biggest industries. Postulating that passage of this bill would not be an impediment to local government is presumptuous to say the least. What happens if it is an impediment to local government? It will be just like the limitation legislation, they all will say, "Gee, I didn' t know that ' s the way it works. " Zoning standards do not regulate quality of construction and Building Codes which regulate quality of construction do not regulate zoning standards, with the exception that manufactured housing, with a State seal applied to it , cannot be restricted from being placed on a permanent foundation within a City, Village, etc . I feel if this bill goes through, you will find you cannot restrict mobile homes that have their names changed to manufactured housing from any lot or area in town. LFH:plk Y Minnesota /� Tom Rees ' i '-% gA �.,j District 36B !n . * _ House of _ y-_ Comer•Scottttees Counties •0- -�/f �"� Representatives Committees: .- "4 Governmental Operations �l., =`g0 Financial Institutions and •rNN£ Insurance Regulated Industries General Legislation and Veterans Affairs Joint Legislative Committee On Science and Technology TO: Members of Minnesota Legislature SUBJECT: H.F. 671/S.F. 954 - Relating to Manufactured Homes Many of you have received calls from city officials expressing concern that the proposed legislation, H.F. 671/S.F. 954, would remove the local perogatives of keeping "mobile homes" out of the vacant lots within a community. Nothing is further from the intent of the bill. The bill defines "manufactured home" to mean a structure manufactured after June 15, 1976 in conformance with the National Manufactured Housing Construction and Safety Standards Act of 1974, which meet or exceed Housing and Urban Development construction standards. No where in the bill are the words "mobile home". Manufactured homes considered as permitted single family residential use by the bill, must use a permanent foundation system constructed in conformance with the state building code. Only those manufactured homes meeting or exceeding all zoning require- K$>\ ments for an area that "site built" single family homes must comply with would be allowed. This bill truly is not to usurp the ability of local government to determine the community character which they desire. The bill does attempt to address the question of affordability facing the first time home buyer. Some comments from "Housing Overview, 1981", by James J. Solem, Executive Director, Minnesota Housing Finance Agency (MHFA) , are pertinent to our need as a legislature to address the question: - Affordability is the major housing issue of the '80's. ' - Housing affordability example: MHFA estimate is that - - In 1976, 34% of Twin Cities metropolitan area first time homebuyers could afford the median priced home. - In 1980, this percent fell below 10%. - In 1976, 36% of non-metro homebuyers could afford the median priced home. - In 1980, this percent fell to about 20%. - Changes in affordability of housing and availability and competition for capital mean - - Lenders must use the secondary market. - Mortgage instruments are changing. - Type and location of new housing must change. - Public sector must look at all impacts on housing costs - the affordabil- ity problem won't be solved merely by reducing the cost of money. Reply to: ❑ 365 State Office Building,St.Paul,Minnesota 55155 (612)296-6926 1 ❑ Box 46,Elko,Minnesota 55020 (612)469.4190 " ` -2— f‘ Further food for thought is my concern that H.F. 671/S.F. 954 represents a more reasonable approach than may be foisted on local governments as is the case in a . recent Michigan Supreme Court decision. Following is an excerpt from Housing and Development Reporter, March 16, 1981: EXCLUSIONARY ZONING AGAINST MOBILE HOMES RULED INVALID 8Y MICHIGAN SUPREME COURT In a landmark decision, the Michigan Supreme Court has ruled that municipalities cannot restrict the location of •' mobile homes to designated mobile home parks. (Robinson The supreme court agreed that the ordinance is an- Toir7islup r. Knoll. .\'o. 58747. February 23. 1981) constitutional and stated "the mobile home today can corn- The controversy arose when the township commenced ac- pare favorably with site-built housing in size, safety and at- tion against the plaintiffs. seeking removal of their mobile tractiveness. To be sure, mobile homes inferior in many home from their 80-acre parcel of land. The township's zon- respects to site-built homes continue to be manufactured. ing ordinance provided mobile homes may be located only in But the assumption that all mobile homes are different from mobile home parks. Due to violations of the ordinance, the all site-built homes with respect to criteria cognizable under township argued that the mobile home was a nuisance per se. the police power can no longer be accepted." The plaintiffs claimed the ordinance was unconstitutional The court went on to explain that a municipality need not in that it arbitrarily and capriciously prohibits a proper land permit all mobile homes to be placed in residential use, and is overbroad since it fails to establish clear stan- neighborhoods. If a mobile home fails to"satisfy reasonable dards to be observed by property owners and citizens of the standards designed to assure favorable comparison of township. mobile home with site-built housing"it may be excluded, the The court of appeals found that the mobile home was not court pointed out. "a nuisance per se or detrimental to public health, safety, Therefore, the court affirmed the judgment of the court of morals or general welfare." It found no justification for the appeals that the ordinance is unconstitutional and that a total exclusion. and held the ordinance unconstitutional. single mobile/manufactured home is not in itself a nuisance. I believe that H.F. 671/S.F. 954 is not an impediment to local government to provide for prudent community growth allowing for the entrance of "new blood" as active, concerned homeowning residents while preserving local autonomy. The recent cartoon from the Sunday Minneapolis Tribune, April 11, 1981 says it all: Endangered species - ` i `•T.- • /• ,.�: •. --.;till- ' % �o '�2 -.: ■ /.,:- - ik........! . ..". pfi �r,�L� - '�►,;_.,1• .: 1 in In • v .1' ` ° • , moiali lett,,,, 0 .:olkigoZtti17dgltw..... le, ;, ,�, . ....,..1.,... ..„.. .._ __ ____ _ _ . // 7 MINUTES OF INDUSTRIAL/COMMN.ERCIAL COMMISSION SHAKOPEE, MINNESOTA April 8, 1981 Chairman Henderson called the meeting to order at 5:05 P.M. . Present were: Commissioners O'Neill, Furrie, Raduenz, Henderson; B. Wermerskirchen, Liaison, G. Eastlund, Advisor, and John Anderson, City Administrator. Absent: Commissioners Peterson, Woodward. O'Neill/Wermerskirchen moved to approve the minutes of the March 11, 1981, meeting. Motion carried unanimously. Larry Martin, City Assessor, was present to discuss his comparison study of buildings in the Industrial Park. A lengthy discussion followed. Furrie/Raduenz moved that a study of city-wide construction costs be made-for a comparison of the actual community to the book values. Motion carried unanimously. Chairman Henderson announced that there would be a "Minnesota Star Cities" meeting at the Downtown Radisson on April 23-24. The Chairman of the new CBD task force, the new City Planner, and I.C.C. Chairman Henderson have been requested to attend. Any members of the ICC who also would like to attend should inform the chairman so reservations can be made. Final Wrap-Up of the Industrial Tour followed: O'Neill/Furrie moved that invitations to the ICC Tour be sent out the week of April 13, and that follow up calls be made the week of April 26. Motion carried unanimously. Name Tags for the Tour have been ordered. Exhibitors are being followed up with phone calls. Chairman Henderson checked with Pearson Florists on a large centerpiece made of red carnations in the form of an Indian head. Cost would be $50. Furrie/O'Neill moved that we order the Indian head centerpiece from Pearson's. Motion carried unanimously. The free tickets received from the Renaissance and Valley Fair will be used as door prizes. Advisor. Eastlund gave a preview of his slide presentation which will be used at the ICC Tour. Furrie/O'Neill moved to adjourn the meeting at 7:10 P.M. . Motion carried unanimously. M. Henderson, Chairman 15 Ad Hoc Downtown Committee Initial Meeting 1981 April 29, 1981 Harvest Valley Bowl Acting Chairman Don Steger called the meeting to order at 12:10 pm. Present: Nancy Christensen, Dick Hullander, Terry Link, Bill Wermer- skirchen, Jr. , Kay Benson, Dan Steil, Don Martin, Joe Topic, Marge Henderson, John Anderson, Fred Corrigan Absent : Gene Pearson After much discussion of holding regular monthly meeting in morning, noon, or evening it was decided that the regular meetings will be held the third Thursday of each month at 7:00 am in the Council Chambers at City Hall. Wermerskirchen/Christensen moved to nominate Dan Steil as Chairman. Hollander moved the nomination closed and unanimous vote be cast for Steil. Motion carried unanimously. Henderson/Link moved to nominate Dick Hullander as vice-chairman. Martin moved the nominations closed and unanimous vote be cast for Hullander. Motion carried unanimously. Hullander/Link moved to nominate Don Martin as recording secretary. Henderson moved the nominations closed and unanimous vote be cast for Martin. Motion carried unanimously. Chairman Dan Steil presides : Discussion on necessity of by-laws - City Council finding the committees are much more structured with by-laws keeping attendance, meeting time, officers, etc. Copies of the Chamber's 1980 Central Business District Study along with a packet that was distributed at the last meeting will be mailed to all committee members. The flow chart which is included in the packet has the committee going for 18 months to 2 years. A comparison of this downtown committee to past committees was discussed. This committee is a sanctioned committee of the City Council in cooper- ation with the Chamber of Commerce. It is set up formally with by-laws and its has a direct charge. The committee is representative of all areas of the downtown - courthouse, hospital, merchants, land owners, citizens. The Committee must set a base - what is the downtown, define its boundaries, what it will be like 6 months from now, 2 years from now, and 10 years from now. Other area of town - like County Road 17 states that 5 acre parcels must be purchased - the mall area has stipulations - but there is nothing for the downtown area. Hullander/Benson montioned that .the by-laws be adopted with the City Council resolution attached. Motion carried unanimously. - 2 - Ad Hoc Downtown Committee / Discussion was made on attendance. Two unexcused absenses and member is automatically removed from the committee. A call should be made to the City Planner or the Chairman if you cannot attend a meeting. Discussion was made on number of members. The committee shall consist of not more than 11 and not less than 9. Chairman Steil asked the committee for full support. He wants working people on the committee. The committee's powers will be that of persuasion. The Chamber of Commerce and the City behind its recommendations to the Industrial/ Commercial Commission and then to City Council. Comments were made about past experiences working with downtown merchants and land owners, about improvements and condemnation. The Committee must develop long range plans as to what part of the Central Business District will be zoned residential, commercial, offices, etc. For the next meeting the committee members are to read the material they receive within the next week and then at the meeting the committee will define the downtown are, its role, and begin other discussions. Hullander/Link moved to adjourn the meeting at 1 :20 pm. Meeting adjourned. IC? AD HOC CABLE COMMUNICATIONS COMMITTEE Shakopee , Minneosta Adjourned Regular Meeting April 27 , 1981 Chairman Foudray called the meeting to order at 7 :05 p.m. in the City Council Chambers of City Hall , with Committee members present : Abeln, Christensen, Davis , Gorman, and Kirchmeier. Also present was Admin- istrative Assistant , Jeanne Andre. Davis/Gorman moved to approve the April 13 , 1981 and the April 20, 1981 minutes as presented. Motion carried . Jeanne Andre reviewed the editing changes that the City Staff made while drafting the second Request for Proposals (RFP) . Andre called Vicki Long of the Minnesota Cable Communications Board (MCCB) for information and suggestions regarding the proposed Request for Proposal (RFP) . Ms . Long had not yet reviewed the first draft sent to her, so the second draft was sent for her review, particularly as related to MCCB regulations . Andre reported that she received a list of the different publications in which the City of Shakopee could publish the RFP. She reported that the Committee must advertise in two different publications . Some accept requests for publication one week in advance others must have one months ' notice. She suggested that a three week notice should be adequate to meet most deadline requirements . Kirchmeier/Davis moved to change the date of the regular meetings from the first Monday of every month to the first Wednesday of every month at 7 p.m. Motion carried. Discussion was held on the Shakopee Community Showcase being held May 4, 1981 from 6 : 30 to 8 : 30 p.m. at the Shakopee Senior High. The Committee confirmed that Committee members Kirchmeier, Gorman, and Davis will take the first shift (from 6 : 30 to 7 : 30 p.m. ) and Committee members Foudray, Christensen, and Abeln will take the second shift (from 7 : 30 to 8 : 30 p.m. ) . Committee member Gorman will provide a poster to be placed by the booth to identify the Committee , copies of the survey results will be provided and copies of generic brochures provided by cable companies . Discussion was held on the narrative Needs Assessment. Andre reported that the narrative isn' t ready yet , but reviewed a proposed outline with the Committee. Review of the tabulated surveys show that the five channels the community of Shakopee are interested in are as follows : 1 . First run movies 2 . Educational courses 3. All night movies 4. Children' s programming • 5. Local programming AD HOC CABLE COMMUNICATIONS COMMITTEE / Page 2 April 27 , 1981 The first run movies , all night movies , and children' s programming are considered regular services by most cable companies . Andre suggested that the Committee should stress local access and regional interconnect to address the interest in getting local programming and educational courses . Discussion was held on the probable consultant services . Abeln/Gorman moved that we recommend to the City Council to hire Anita L. Benda from CTIC as the consultant and Adrian Herbst as the attorney to draft the ordinance and review the proposals that the Committee will receive from the cable companies . Roll Call : Ayes : Abeln, Christensen, Gorman and Kirchmeier Noes : None Abstain: Davis and Foudray Motion carried. Andre distributed a memo regarding the drafting of the cable ordinance , requesting the Committee to reconsider its position on delaying the initial draft of the ordinance until after the RFP is advertised . She suggested the potential for subsequent problems which would cause delays further along in the process could be avoided if all basic information is available prior to advertisement of the RFP. Christensen/Abeln moved that we adopt the recommendations in the memo that was presented to the Cable Communication Committee dated April 27 , 1981 as follows : 1 . The Ad Hoc Cable Communications Committee recommend to the City Council an attorney to be hired to write a draft of the cable franchise ordinance . 2 . The Committee request that the draft be made available to the Committee within one month of execution of a contract for pro- fessional legal services . 3. The Committee verify the conformance of the draft ordinance to the approved RFP. 4. The draft be included as an appendix to the RFP when it is adver- tised. Roll Call : Ayes : Abeln, Christensen, Gorman Noes : None Abstain: Davis , Kirchmeier, and Foudray Motion carried. Andre consulted Robert ' s Rules of Order and determined that a motion carries if a majority of votes cast , not including blank ballots , are in favor. Gorman/Davis moved to table the review of the forms until May 6 , 1981 . Motion carried . AD HOC CABLE COMMUNICATIONS COMMITTEE / Page 3 April 27 , 1981. Discussion was held on the Methodology to be used in evaluating cable system proposals . The Committee discussed various categories and the weight or importance of these categories and arrived at a consensus on the following list : Category Weight Experience/Background 7 .5% Financial Resources & Commitments 10 Proforma Projections 5 Franchise Territory, Construction & 20 Service Schedule System Design 10 Programming and Services 15 Rates and Charges 20 Consumer Complaints and Employment 5 % Practices Response to Local Needs 7 . 5% On-Site Inspection of Applicant System 0 % Total 100.0% Gorman/Davis moved to adopt the established weights to be used in the Evaluation Methodology. Motion carried. The Staff was directed by the Committee to draft the weights and criteria for the meeting with the City Council . Abein/Gorman moved to adjourn the meeting to Wednesday, May 6 , 1981 in the City Hall Council Chambers at 7 p.m. Motion carried . Meeting adjourned at 9 :00 p.m. R. Gene Foudray Chairman Mary Arlt Recording Secretary 1 ? AD HOC CABLE COMMUNICATIONS COMMITTEE Shakopee , Minnesota Regular Session May 6 , 1981 Vice Chairman Christensen called the meeting together at 7 : 22 p.m. in the Council Chambers of City Hall , with Committee members present : Gorman and Kirchmeier. Committee member Abeln was late. Chairman Foudray and Committee member Davis were absent. Also present was Administrative Assistant , Jeanne Andre. Members present gave a positive evaluation of the Shakopee Showcase held Monday, May 4, 1981 . The Showcase was judged a positive means of presenting the Community information on the Committee ' s efforts to bring cable communications to Shakopee. Discussion on the joint meeting with the City Council was held. The meeting was determined to be successful , with Council members exhibit- ing good background in cable and making worthwhile suggestions . Mr. Kirchmeier outlined his interpretation of Council direction on how the selection of a cable operator should be made , as follows : 1 . Committee will review and evaluate proposals (with help of consul- tant expertise) . 2 . Committee will conduct joint meeting with City Council to present information on advantages and disadvantages of proposals . 3. Based on initial evaluation and subsequent comments presented at public hearing and by City Council , Committee will rank proposals , informing City Council of the first choice and ranking other pro- posals . 4. City Council will make final selection of cable franchisee. Members concurred with this evaluation and selection procedure and suggested formally adopting such procedure at a subsequent meeting. Anita Benda, Cable Consultant , presented to the Committee an outline of services she could provide . She indicated that if the Committee is in agreement with the terms she suggests , she would prepare a contract outlining her services by May 27 , 1981 . The time schedule she anticipates includes : discussion of policy issues in June , public hearing on Request for Proposals (RFP) in July, advertise for propo- sals in August . The Committee accepted this time schedule and Ms . Benda outlined some policy issues which could be addressed by the Committee: 1 . If local institutions will operate a cable automated information system and if such a system should be required . 2 . If the parameters of the initial service territory should be specified. AD HOC CABLE COMMUNICATIONS COMMITTEE Page 2 May 6 , 1981 3. If the City should make a commitment to allocate the 5% fran- chise fee to cable-related services . 4. If the Committee wants to stress local access and/or local origi- nation programming. 5. Regarding system design: a. What level of two-way capacity the Committee wants to require. b. If a clause requiring the system to be updated to the current state of the art with no cost increase to subscribers should be included in the RFP. 6 . How the CTIC evaluation should be integrated with Committee priori- ties and criteria. 7 . If information on the amount and location of underground electrical service can be obtained to include in the RFP. 8 . If the service territories should stress residential service with commercial service negotiable . 9 . Whether a cheaper audio emergency override or more expensive video override should be required. 10. Whether the institutional functions should be on a separate cable or a part of the subscriber network cable . 11 . If the Committee will accept the 97 inflation rate used by CTIC in all its projections . 12 . How the City can control transfer of ownership and whether transfers should provide an option for City purchase of the system. Committee member Abeln arrived at 8 : 16 p.m. The Committee discussed the following general time schedule : June 1981 - Revise and edit RFP July 1981 - Public hearing August - November 1981 - Advertise for proposals November 1981 - March 1982 - Evaluate proposals and award franchise April - May 1982 - Adopt franchise ordinance , obtain Certificate of Confirmation Disucssion was held on needs assessment . Kirchmeier/Gorman moved to approve the "Shakopee Cable Communications Needs Assessment" as presented. Motion carried. AD HOC CABLE COMMUNICATIONS COMMITTEE /7\ Page 3 May 6 , 1981 Administrative Assistant said she would send copies to the City Council , the Minnesota Cable Communications Board and other interested parties . Committee members requested Administrative Assistant Jeanne Andre to ask the Council to postpone indefinitely the public hearing on the RFP scheduled for June 9 , 1981 . Gorman/Abeln moved to approve the minutes of April 27 , 1981 as pre- sented. Motion carried . Gorman/Kirchmeier moved that when they adjourn the Committee should adjourn to 7 :00 p.m. , May 27 , 1981 . Motion carried. Gorman/Abeln moved to adjourn. Motion carried. The meeting was adjourned at 9 : 10 p.m. Eileen Christensen Vice Chairman Jeanne Andre Recording Secretary • • RECEIVED Olympus, Ltd. MAY 1 4 1'331 1903 SOUTH BROADWAY CITY OF SHAKOPEE ROCHESTER, MINNESOTA 55901 (507) 289-5556 May 11, 1981 City of Shakopee Mr. John K. Anderson, City Administrator 129 E. First Ave. Shakopee, Mn. 55379 RE; Clifton Apartments Dear Mr. Anderson, I am in receipt of your letter dated May 6, 1981 with regards to the phone calls that Marge Henderson has been receiving from the tenants of Clifton. As the owner of Clifton, I recognize our responsibilities and will see that this problem is resolved. I immediately called Mr. Tom LaSalle of Realty Management Services, who is our management agent, and explained this situation to him. He has promised to rectify this problem as soon as possible. Apparently the main office was not made aware of this problem. I appreciate your notification to me and I hope that it won't be necessary for you to become involved again. Sincerely yours, Gus A. Chafoulias GAC mo cc: MN. State Housing Finance Agency Marge Henderson Realty Management Services OFFICES IN ROCHESTER, MINNEAPOLIS .# . ,/. CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN APRIL, 1981 5312 Clete- Link 1181 Monr-4,a.. r ' House $ 55 , 300 I_i5 He" Jtt,.440. G-c.-�uJ-ca. .; 5313 Larry Link , 116 Ip nr9� c Douse 56 , 300 L. 7 5314 James Pierce 1053 gi n H 60, 000 L6- /3 ' , �r e_.l2L�,L u e 5315 Volp Const . 1st & Lewis Int . Rem. 1 , 200 5316 1st Pres. Church 909 Marschall Rd. Garage 6 ,000 5317 North Cent. Dist. 8700 Hwy 101 Int . Alter 70, 000 5318 James Underwood 1086 Madison Garage 4, 000 5319 Bill Smith 1632 E. Shakopee Addition 10, 000 5320 Laurent Bldrs. 1284-1 9 P lk 44,unit Townhse 180,000 1- i-4 4' , ✓aJ .I 5321 Charles Everett 424 E. 3rd Ave. Garage 6, 500 5322 Lyle Crider 1164 Quincy Porch 5 , 000 5323 Maged Daoud Island (O 'Dowd) Shed 500 5324 Valley View East 1240 E. 3rd Ave. Int .Alter. 5,000 5325 Russ Anderson 403 E . 3rd Ave . Addition 17,000 5326 Ryan Const . Red Owl Store Expansion 450,000 5327 Valleyfair Addition 40,000 5328 Joseph Worm 94C Main Garage 6 , 000 5329 Mark Orth 1948 W. 12th . House 49 , 000 L 1 1t7 1-- 5330 LeRoy Menke 611 62 Henes / Duplex 80, 000 L6 8&/ . n :i, L. -.J ` 5331 1st Nat ' l Bank 129 Holmes Addition 200, 000 ,6?-7 April , Cont. 1 5332 Thomas Johnsen 1064 Shawmut Deck $ 600 5333 Robert Harding 115 E. 1st Int .Alter 700 5334 Norman Frey 631 Madison Garage 4, 500 5335 Don Mertz 670 H,,,(enn ' House 74,000 5336 Carol Moore 717 Bluff Remodel 7 , 500 5337 Wayne Cronkhite 2560 Muhlenhardt Rd . Garage 7 ,500 5338 Valleyfair Island-Helio 70,000 5339 Valleyfair Int .Alter 25 ,000 5340 Valleyfair Remodel 200 5341 Valleyfair Alter.Track 1 ,000 1 $1 ,492, 800 1 C72- (/ CITY OF SHAKOPEE BUILDING ACTIVITY REPORT April , 1981 PERMITS ISSUED Apr. Yr. to Date Total Previous Year 5312 - 5341 _ Number Number VLH uati.on Number Valuation .MO . YTD. Single Fam. -Sewered 5 8 453, 600 - 2 158 ,000 Single Fam. -Septic - 1 75,000 - - - Multiple Dwellings 2 4 420,000 2 5 2 , 217, 338 (Mo.Units) (YTD Units) (6) ( 10) (6) (8) Dwelling Additions 2 4 61 ,000 - - - Other Business District 1 2 240,000 1 1 ,400,000 Agricultural - - - - - - Industrial -Sewered - - - 3 7 17,813, 500 , Industrial -Septic - 1 425,000 - 1 63,000 1 Accessory/Garages 7 . 14 82,000 4 5 27 , 400 1 Signs & Fences - - 100 1 7 1 , 783 Fireplaces/Wood Stove - 2 2, 200 - Grading/Foundation ' Remodeling (Res. ) 3 8 16,500 1 12 18,400 Remodeling ( Inst . ) _ 1 - - - - Remodeling (Other) 10 23 971 ,000 3 17 232, 800 TOTAL TAXABLE 30 67 2, 793,400 25 68 21 , 975 , 221 TOTAL 1NSTITUTICNAL - 1 _ - _ _ GRAND TOTAL 30 68 2 , 793 , 400 25 68 21 , 975 , 221 MO . YTD . MO . YTD . Variances 1 1 - 2 Conditional Use 2 4 3 5 Re-Zoning - - 1 3 i Moving - - 1 1 Electric Permits 7 48 9 43 Plmbg. & Htg. Permits 20 54 8 39 Razing Permits Residential - - - 1 Commercial - - - - Total dwelling units in City after completion of all construction permitted to date 3, 452 I Phyllis Knudsen Bldg. Dept. Secretary CZ,g1/ MEMO TO: John Anderson City Administrator FROM: Don Steger City Planner RE: Planning Commission Action on Variance and Conditional Use Permits DATE: May 15, 1981 At the Planning Commission meeting of May 14, 1981, the Planning Commission took action on the following Variance and Conditional Use Permits: 1. Variance Resolution No. 274 - Variance request for a 5 foot variance to build on an attached single-car garage to the existing home of Dennis Welter, 815 West 4th Avenue (Lot 4, Block 41). This request was approved with no conditions attached. Dennis Welter, applicant. 2. Conditional Use Permit Resolution No. 273 - Conditional Use Permit to have a mobile home as temporary living quarters in an AG Zone. This request was made by John Gerold residing on his fathers farm and helping with the farm work (S'z of the NE4 and the NE4 of the SE4 excepting the railroad right-of-way in Section 21-115-22). This was granted by the Planning Commission, subject to the following conditions: a) Conditional Use Permit shall be reviewed on an annual basis; b) The mobile home may be placed on the property for no more than five years; c) Mobile home shall not be used as a rental unit and shall not be occupied by anyone other than the applicant and family; d) The mobile home shall utilize tie-downs. 3. Conditional Use Permit Resolution No. 275 -- Request by St. Francis Hospital for a parking lot to be constructed on Lots 1, 2, 9 and 10 and W-z of Lot 8, Block 57. This was approved subject to the following conditions: a) The Conditional Use Permit be renewed in one year, if a permanent parking lot is not constructed prior to that time; b) The parking stalls or rows be delineated through the use of bumper guards or posts with chains; c) A dust control program be approved by the City Engineer; d) A drainage plan be approved by the City Engineer; e) Curb cuts at 4th and 5th Avenues subject to City Engineer approval (where possible to use existing curb cuts) . f) Screening provision be waived. John Anderson May 15, 1981 �q '� Planning Commission Action of 5/14/81 Page -2- ! � 4. Conditional Use Permit Resolution No. 276 - Request by Scott County to extend parking lot facilities in an R-2, Urban Residential Zone (W'-2 of Lot 7 and E 25' of Lot 8, Block 57) . This request was given approval subject to the following conditions: a) Conditional Use Permit be renewed in one year if a permanent parking lot is not constructed prior to that time; b) The parking stalls be striped and the westerly border of the lot be delineated with either bumper guards or posts with chains; c) A drainage plan be approved by the City Engineer; d) Screening provision be waived. In the event there is an appeal on any of the cases which received action by the Planning Commission on May 14, 1981, you will be so notified and the case report will be mailed out to you. However, should you desire to have a copy of any of the Planning Commission case reports, please let me know and I shall forward one to you immediately. Also, should you have any questions or concerns on any of these actions, please do not hesitate to let me know. jiw TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA MAY 19 , 1981. Mayor Harbeck presiding 1 ] Roll Call at 7 : 00 P.M. 2 ] Joint Meeting with Shakopee Public Utilities Commission to review letters sent to NSP and the industries and select a joint committee 3] 7 : 30 P.M. Continuation of the Board of Review 4] Table Board of Review to Tuesday, May 26 , 1981 at 8: 00 P.M. 5] Approval of the minutes of April 28, 1981 6 ] Communications : a] Shakopee Senior High School Graduation Party Invitation 7 ] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Old Business : a] Change Order No . 1 for 81-1 VIP Sanitary Sewer Interceptor b] Service Contract Between Valleyfair, Inc . , and the City c] Prior Lake Spring Lake Outlet Joint Powers Agreement 9] Planning Commission Recommendations : a] Preliminary and Final Plat of Minnesota Valley 5th and 6th Additions , residential subdivisions lying South of 12th Avenue and West of Polk Street Developer : Dick Wiggin, Route 3 , Box 317 , Shakopee Action: Approve preliminary plats and adopt Res . No. 1838 Planning Comm. Recommendation: Approval w/conditions b] Appointment to Ad Hoc Downtown Committee - Nominations 10] Routine Resolutions and Ordinances a] Res . No. 1843 , A Res . Relating to A Project Under the Municipal Industrial Development Act ; Calling For A Public Hearing Thereon - Valley Industrial Center II $1 , 100,000 I R Bonds b] Ord. No . 61 , Amending Shakopee Obscenity Ordinance c ] Res . No. 1833, Adopting the 1981 Sewer Fund and Park Reserve Fund Budgets d] Res . No . 1841 , Adopting Tax Increment Redevelopment Policy e ] Res . No . 1842 , Adopting Tax Increment Economic Development Policy 11 ] New Business : • a] Fire Relief Association Bylaws b] 8 : 30 P.M. PUBLIC HEARING - STH 101 Trunk Watermain Extension - Res . No . 1839, Ordering Improvement and . . . c] Procedure for Consideration of Staff Reports by SPUC and City Council d] 81-2 Bluff Avenue Watermain and Sanitary Sewer - Res . No . 1830 Amending Report and Setting A Public Hearing e] 80-2 East View 1st Addition - Change Order for Screening f] 80-1 N2 of Section 8-115-22 Sanitary Sewer Laterals (Hauer Trail Laterals aa] Res . No. 1834, Ordering Preparation of Report bb] Res . No . 1835, Receiving Report and Calling Hearing TENTATIVE AGENDA May 19, 1981 Page -2- cc ] Res . No . 1836, Ordering Preparation of Plans & Specs dd] Res . No. 1837 , Approving Plans & Specs and Ordering Ad for Bids g] Urban Corp Work-Study Agreement h] Reverse Referendum To Increase the Levy Limit Base i ] Authorize Payment of the Bills j ] 1981-82 License Renewals aa] 3. 2 Beer - Non-Intoxicating Malt Liquor Licenses bb] Off Sale Intoxicating Liquor Licenses cc] Club On Sale Intoxicating Liquor Licenses dd] Set-Up Licenses 12 ] Consent Business : a] Approve temporary 3. 2 beer licenses for Shakopee Jaycees b] Postpone public hearing for review of the Request for Proposals (RFP) for Cable Communications c] Payment of City Assessments d] Contribute $50. 00 to VFW to Help Defray Annual Memorial Day Exercises e ] Approve Fire Service Agreement with Jackson Township and Authorize Proper City Officials to Execute The Agreement 13 ] Other Business : a] May 26th Council Meeting will consist of : a] public hearing on appeal from Planning Commission denial of a conditional use permit for a game room, b] Continuation of Board of Review, and c ] Joint Meeting with the Planning Commission on the Mn. Valley Mall Traffic Study b] c] d] 14] Liaison Reports 15 ] Adjourn to Tuesday, May 26th at 7 : 30 P.M. John K. Anderson City Administrator *4 r.A CITY OF SHAKOPEE g��'. ��d 129 East First flvenue, Shakopee, Minnesota 55379 C, MEMO TO: Mayor and City Council acting as Board of Review FROM: LeRoy Houser SUBJECT: Kawasaki Reduction DATE: May 15, 1981 It is not my intent to involve myself in Council action regarding taxation, however, regarding the Kawasaki reduction there are some points I feel the Council should be appraised of. As I understand it , your reduction was based on the fact that there has been no snow and business is extremely bad and a good share of the work force has been layed off. Here are some interesting parallels: 1 . Toro has layed off all their people in Shakopee except clerical and maintenance. Their warehouses are jamb packed due to reduced sales because of the economy. 2 . Certainteed ' s work force is running way below normal due to lack of building in the construction industry brought on by high interest rates and short money supply. 3. Just about every industry in our city has reduced their work force precipated by reduced sales and high money cost. 4. Retail sales in our downtown central business district are down, costs are up and collections are extremely slow. 5. K-mart who is going to be placed on the tax rolls at full tilt also has reduced sales in all of their outlets. 6. Kawasaki ' s building is more marketable then either Certainteed or K-mart because of minimal changes needed for alternate uses and because it ' s smaller rendering it more marketable both in the area of purchasing and financing. In effect , you are recognizing an "income" obsolscence factor for this industry and refuse to acknowledge the same problem with other industrial complexes and business in our city. I am ex- tremely concerned with the balance and equalization among all of our property owners and feel your action has jeopardized this Mayor and Council Page 2 May 15 , 1981 drastically. It sets an extremely dangerous precident, one must remember any petition filed in court after this action makes it extremely difficult for our attorney to defend. Council ' s guide lines in the past ten years has always been uniform treatment of all property owners in Shakopee. I feel your action is contrary to your past actions. If Council feels there is an economic problem with our industrial park, then I think the park in its entirety should be looked at and not just one industry. As stated before, I do not intend to involve myself in taxation in any form ever again, however, I do feel Council should be made aware that the Kawasaki action could have far reaching effects. LFH:plk apt CITY OF SHAKOPEE :da , 129 East First *venue, Shakopee, Minnesota 55379 MEMO TO: Board of -Review FROM: Larry D. Martin SUBJECT: 27-089-003-1 4701 Valley Industrial Blvd. S. DATE: May 14, 1981 INTRODUCTION: The property owner contends that the land value for the 1981 assess- ment is higher than the price recently paid. BACKGROUND: The property in question was valued for the 1981 assessment in the following manner. Land Building Total $80,400 $46 ,000 $126, 400 The property owner was under the impression that the $126, 400 total was for the land only. The land was purchased in December of 1980 for more than the current assessment therefore no change is recom- mended. RECOMMENDATION: No change be made . 6-c/ Peeoloe • • • Tim* getli • • • g au'te Phew• • • • /Oj 7'2Z&i . ! '.J 4-x_dam, i PP We... Mark June 5, 1981 on your calendar! 7/1bU. i Time JtUL .. For your donations and support Y/4-4), of the 1981 Shakopee Senior High School Graduation Party. 7/ J , ; Q JtflL"t€ WeeeSt e... To come to the Shakopee Jr. High School from 6:00 to 7:00 P.M. to 1/)//101°("i--!`"J how your support has helped us. . . � We Are Proud!! 60,—/ MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier 411"1- City Engineer RE: VIP Interceptor Sanitary Sew r Contract No. 81-1 DATE: May 8, 1981 Introduction: Pursuant to Council action of April 14, 1981, the percentage for dollar figure for changes to the above-referenced project must be established and Change Order No. 1 must be approved. Background: The above-referenced contract was bid on a unit price basis and, therefore, City staff expects to see some alterations in the approximate quantity specified in the contract documents. These alterations will change the initial contract amount. In order to establish a percentage or dollar figure for making those changes without formal approval by City Council, it is necessary to establish the percentage or dollar figure for this contract. Due to the fact that there are 74 individual bid items and since each of these items could be increased or decreased, it is proposed that no individual item shall be increased or decreased more than 1 percent of the contract amount or $6,170.00 and the total aggregate change in the contract shall not exceed 5 percent of the contract amount or $30,800.00 unless specifically approved by City Council. Attached is Change Order No. 1. Change Order No. 1 must be approved by City Council because it is an amendment to the contract. It includes a. unit and unit price where none existed. The unit added is as specified on the Change Order modifying an existing manhole and the unit price amounts to a $2,000.00 reduction in the original item and a total $2,000.00 reduction in the contract. Recommended Action: It is the recommendation of City staff that modifications to the VIP Interceptor Sanitary Sewer contract No. 81-1 be made as follows: No individual item shall be increased or decreased more than 1 percent of the contract amount or $6,100.00 and the aggregate change shall not exceed $30,000.00 unless specifically approved by City Council. John Anderson May 8, 1981 g Q/ VIP Interceptor Change Order No. 1 Page -2- City staff further recommends that City Council authorize the proper City officials to execute Change Order No. 1 for the VIP Interceptor Sanitary Sewer, a Change Order modifying Item No. 37 in the contract proposal and reducing the contract $2,000.00. Any change in scope or in design will automatically come to City Council. Further individual or aggregate alterations in quantities less than 1 percent or 5 percent respectively will be noted in the Partial Estimate Vouchers sent to City Council as a part of the informational items. HRS/jiw Attachments . , tcy CHANGE ORDER Change Order No. : 1 Project Name: VIP Interceptor Sanitary Sewer Date: May 6, 1981 Contract No. : 81-1 Original Contract Amount $ 617,823.65 Change Order(s) No. thru No. $ Total Funds Encumbered Prior to Change Order $ 617,823.65 Description of Work to be (Added/X ): Reconstruct Manhole shall be changed to "modify existing manhole" and reduce the unit price for Item No. 37, Reconstruct by $2,000 to $500.00 The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (X /decreased) by $ 2,000.00 The number of calendar days for completion shall be (increased/ aal) by 0 days Original Contract Amount $ 617.823.65 Change Order(X) No. 1 thru $ 2,000.00 (deduct) Total Funds Encumbered $ 615,823.65 Completion Date: October 1, 1981 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: (I„to..w,_,. 4,.,j/ C By: Title: -y Date: 5-- - V AP•1'O :D AND RECOMMENDED: 6- 6* t1/4 1lb •ity Engine': D to APPROVED: City of Shakopee By: Mayor Date Approved as to form this day of City Administrator Date 19 City Clerk Date City Attorney Law Offices of KRASS , MEYER & KANNING Chartered Phillip R. Kress Shakopee Professional Building Barry K.Meyer 1221 Fourth Avenue East Philip T. Kenning Shakopee, Minnesota 55379 (612)445-5080 May 4, 1981 Ms. Terri A. Hagemeyer Attorney at Law 2850 Metro Drive - Suite 800 Minneapolis , MN 55420 Re: Service Contract between Valleyfair, Inc. , and the City of Shakopee Dear Ms. Hagemeyer: Enclosed for your review I have prepared a second draft of the City of Shakopee/Valleyfair Agreement in accordance with our telephone discussion. My understanding of this Agreement is that it provides for an annual $8,000.00 voluntary payment from Valleyfair to the City, existing property taxes, present license fees, and present inspection fees, as the only method of payments of any monies whatsoever from Valleyfair to the City. We have restructured slightly Paragraphs 6 and 7 and added a mutual termination paragraph. If in order, please present the same to Valleyfair for signatures, and I will do the same for the City of Shakopee. Yours very truly, KRASS, MEYER & KANNING CHARTERED Phillip R. Krass PRK:ph File #1-1373-113 Enclosure cc Mr. John Anderson SECOND DRAFT May 5, 1981 CkAPA.AZ '5X? AGREEMENT Agreement made by and between VALLEYFAIR, INC. , hereinafter referred to as "Valleyfair" , a Minnesota corporation located at One Valleyfair Drive, Shakopee, Minnesota, 55379, and the City of Shakopee, hereinafter referred to as "the City". WITNESSETH: WHEREAS, Valleyfair operates an amusement park located within the City; and WHEREAS, the City has claimed the nature of Valleyfair's business is such that it requires excess services from the City; and WHEREAS, the City has considered various alternatives for collecting additional money from Valleyfair, such as an annual license fee on transient theme parks, to cover these excess services. NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed by and between the parties as follows: 1. Valleyfair shall voluntarily pay the City the sum of Eight Thousand and no/100 Dollars ($8,000.00) annually commencing on May 1, 1981, and each year thereafter on May 1 for as long as Valleyfair operates its amusement park within the City. 2. The City shall continue to provide all services it has provided and currently provides to Valleyfair as Valleyfair shall require, and any other services Valleyfair may require in the future which are available to other tax- payers within the City. 3. The City shall not attempt to collect any money from Valleyfair except as provided in this Agreement and through any existing property taxes or license and inspection fees. 4. The annual amount specified in Paragraph 1 above is an amount bargained for and agreed upon by the parties hereto in consideration of many factors and is not intended as a verification or admission of the fair and reasonable value of excess services rendered by the City to Valleyfair. Valley- fair's position remains that no amount is necessary to cover costs of any such excess services. 5. For purposes of this Agreement excess services shall mean those services which the City has claimed it provided or currently provides to Valley- fair for which the City claims it is not fully reimbursed by way of Valleyfair's property taxes and license fees. g- 6)/ 6. If the City attempts to collect monies in excess of that provided in Paragraph 3 above, Valleyfair may terminate this Agreement immediately and without notice. 7. Nothing in this Agreement shall be construed as a waiver by Valleyfair of its right to challenge any right by the City to collect monies from Valleyfair in excess of that provided in Paragraph 3 above. 8. Either party may terminate this Agreement by giving written notice on or before January 1st of the year termination shall take effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates indicated, VALLEYFAIR, INC. Dated: By Its CITY OF SHAKOPEE Dated: By Its . . . MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: - Prior Lake Spring Lake Outlet Joint Powers Agreement DATE: May 13, 1981 Introduction City Council , at its May 5 , 1981 meeting, directed staff to follow- up on the following questions : 1 . Develop alternative payment techniques from the City of Prior Lake to Shakopee for the benefit they receive (newly developable land) as a result of the outlet through Shakopee. 2 . Review the $1 million insurance requirement in light of our present $300,000 coverage . 3 . Delete the by-back clause in Article XI . 4. Limit the indemnification of the Watershed District by the City of Shakopee to only Shakopee improvements , use and maintenance activities . 5 . Incorporate in the proposed agreement the review comments of the City Attorney and City Engineer. Items #3 , #4 and #5 are incorporated in the draft agreement attached . Items #1 and #2 are discussed in this memo. Item #1 Compensation On May 11 , 1981 I met with Eldon Reinke to draft some alternative method compensating Shakopee for the outlet . The methods can be refined and implemented should Council wish to pursue one or more of them. In all cases Councilman Reinke feels Prior Lake elected officials should be contacted . Alternatives : 1 . Record the historical frequency, duration and/or volume of the natural overflow from Prior Lake . Thereafter charge a per gallon, per c. f. or per day rate for anything in excess of the historic rate . Two possible methods of computing the charge could be based upon knowledge that Prior Lake ' s natural outlet was x number of feet higher (equalling x number of c . f . or gallons of water) than its man made outlet. One , this difference , converted into gallons or c. f. equals the historic rate and anything above that could be attributed to new or additional benefit for which there would be a per gallon or per c.f. charge . Two, this same difference could also be converted into the number of days the lake outlet Prior Lake Spring Lake Outlet Joint Powers Agreement C/ May 13 , 1981 Page Two was actually open to release the "historic" rate . Then, should the outlet be required to be open more than the historic number of days per year there would be a charge of x number of dollars per day for the additional benefit . 2 . Relate the value benefit , of the outlet through Shakopee , directly to any additional lots that might be developed because of the lowering of and/or stabalizing of the Lake Flood Plain. Each new lot that would add tax base to Prior Lake under this alternative would contribute x number of dollars to Shakopee ' s Park Reserve Fund to compensate Shakopee for increasing Prior Lake ' s develop- able land. According to Bryce Huemoeller, the Watershed District 's Attorney, there will "probably" be some 20 acres opened up around the Lake if the federal government will amend the flood plain zone. There- fore this alternative is plausible. 3 . Avoid employing a compensation rate specifically fixed to quantifi- able amounts of water or land and simply ask Prior Lake to con- struct additional vehicle and trailor parking areas at one of the lake ' s present public access points . Councilman Reinke would like to meet jointly with Prior Lake City Officials (and/or County and township officials) regarding the pro- posed joint power agreenentand one or more of the alternatives above if Council wishes to pursue them. Item #2 Insurance The $1 ,000,000 insurance coverage was a number selected by Bryce Huemoeller, attorney for the Watershed District . There is no magic to the number and he has said that if the Assistant City Attorney has researched liability limits and is comfortable with $300,000 then it would undoubtedly be acceptable to the Watershed District . Based upon this information the $1 ,000,000 can be deleted and $300,000 inserted . Action Requested 1 , Determine if the City of Shakopee wants to pursue the compensa- tion concept . 2 . Select one or more compensation alternatives to pursue. 3. Amend the draft attached deleting $1 ,000,000 and replacing it with $300,000 in liability insurance . JKA/jms • � EIV May 11 , 1981 NVN 2 t lui Shakopee Staff Draft CITY Of 3 4AKCPEE z. JOINT POWERS AGREEMENT AGREEMENT, made and entered into by and between the CITY OF PRIOR LAKE , Minnesota , a municipal corporation , ( "PRIOR LAKE" ) ; the CITY OF SHAKOPEE , Minnesota , a municipal corporation , ( "SHAKOPEE" ) ; and the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, Prior Lake , Minnesota , a political subdivision of the State of Minnesota , ( "WATERSHED DISTRICT" ) . WHEREAS , the Watershed District is presently engaged in the implementation of a project , identified as the "Lake Outlet Project , Number WD 76-4" , ( "Lake Outlet" ) , to construct an arti- ficial outlet for Prior Lake for the purpose of draining water from Prior Lake and transporting such water to the Minnesota River ; and WHEREAS , the plans and specifications for the Lake Outlet require the improvement of certain natural drainage courses and the construction of certain drainage channels within the munic- ipal boundaries of Shakopee and more particularly described on Exhibit "A" , which is attached hereto and by reference made a part hereof ; and WHEREAS , the temporary and permanent easements specified by the plans and specifications for the construction of the fore- going drainage improvements can only he obtained from the affected property owners with the cooperation and assistance of Shakopee ; and WHEREAS , the drainage improvements and easement acquisitions contemplated by the Watershed District are of direct and immedi- ate benefit to Shakopee because ( a ) the drainage channel improve- ments are in conformance with Shakopee ' s overall drainage plan in the area of the Lake Outlet ' s drainage route , ( b) the ease- ments to be acquired can also be used by Shakopee for public utility and right-of-way purposes , and ( c ) the channel improve- ments may reroute local runoff into Dean ' s Lake and thereby sup- ,, • piement and increase the level of the lake ; and WHEREAS , Prior Lake and Shakopee desire to assist the Watershed District acquire the easements necessary for, the con- struction of the drainage channel improvements specified in the Lake Outlet plans and specifications , upon the conditions herein- after set forth ; and WHEREAS , the implementation of the Lake Outlet is of direct and immediate benefit to Prior Lake because the improvements contemplated by the Lake Outlet are designed to reduce the ir-pact of flooding on Prior Lake insofar as it affects the owners of property along the shore and within the established flood plain , and as it affects the capability of Prior Lake to provide essen- tial municipal services during times of flooding ; and WHEREAS , Prior Lake desires to be made a party to this Agreement to enable it to participate in decisions affecting the use and management of the Lake Outlet ; and WHEREAS , the parties hereto desire to enter into a joint powers agreement pursuant to nn . Stat . Sec . 471 . 51 , ( 1949 , as amended ) , upon the terms and conditions hereinafter specified ; and WHEREAS , the Watershed District has authority under Minn . Stat . Sec . 112 . 43 , Suhd . 1 ( 2 ) , ( 1955 , as amended ) , to contract with other public corporations Co effectuate the purposes of the Act ; and WHEREAS , Prior Lake and Shakopee have authority to engage in a joint powers agreement for utility and drainage purposes pursuant to Minn . Stat . Sec . 412 . , ( 19 , as amended ) . NOW, THEREFORE , in consideration of the mutual covenants and agreements hereinafter contained , it is agreed by and between the parties hereto as follows : , ARTICLE I STATEMENT OF PURPOSE Section 1 . 01 . General Purpose . The general purpose of this Agreement is to provide a format whereby the Watershed District can construct and operate an artificial outlet that can be used to drain flood waters from Prio•- Lake and transport them to the Minnesota River . The constructi ;-i of the Lake Outlet -2- requires the acquisition of easements in Prior Lake and Shakopee . Thereafter, the Watershed District must construct improvements to the drainage channel along the entire system . The portion of the drainage channel located in Shakopee is within an area which has been identified by Shakopee as needing future capacity i.rt excess of the levels projected by the Watershed District as being required for safe and efficient operation of the Lake Outlet . It is the intention of the parties to this Agreement to establish a legally binding procedure for acquiring the necessary easements in Shakopee and to set forth conditions that must be fulfilled to construct and operate the necessary channel improvements . The Agreement shall specify the procedures and responsibilities for maintenance of the channel improvements and the conditions that must be fulfilled prior to actually releasing water from Prior Lake . The Agreement shall specify the responsibilities of the parties with respect cc maintenance of the drainage chan- nel and the additional. uses LI: ; t may he made of theeasements by Shakopee . ARTICLE II ACQUISITION OF DRAINAGE CHANNEL EASEMENTS Section 2 . 01 . Acquisition of Channel Easements . The Watershed District is authorized to negotiate for and acquire suitable easements within the municipal boundaries of Shakopee for the construction of the Lake Outlet . In conducting the nego- tiations and/or condemnation proceedings necessary for the acqui- sition of the required easements , the Watershed District shall comply in all respects with Shakopee Resolution No . 1643 , enti- tled "A Resolution Adopting a Policy for the City of Shakopee, Concerning the Condemnation of Easements and Land Needed for the Installation of Public Improvements" . To the extent possible with the budgetary limitations established by the Watershed District for the Lake Outlet , the Watershed District shall endeavor through its acquisition of easements to align the outlet channel to locations satisfactory to the affected landowners . . To the extent possible within the budgetary limitations estab- lished by the Watershed District for the Lal Outlet , the -3- Watershed District shall also endeavor to acquire easements in dimensions required by Shakopee . The plans and specifications for the Lake Outlet shall specify the ultimate alignment and dimensions of the easements . Section 2 . 02 . Uses of and Title to Easements . The easc - ments to be acquired by the Watershed District shall be for util- ity and drainage purposes over , under , and across the affected properties . The title to the easements shall be acquired in the joint names of the Watershed District and Shakopee . Section 2 . 03 . Assistance by Shakopee . In the event that it becomes necessary in the opanion of the Watershed District to acquire the required easements by means of condemnation proceed- ings , Shakopee shall cooperate with and assist the Watershed District in pursuing condemnation . In that event , all legal proceedings shall he brought in the joint name of the Watershed District and Shakopee by the Shakopee City Attorney in accord- ance with Shakopee Resolutioi Number 1643 . Section 2 . 04 . Easement Acquisition Costs . All cost or expense necessary and incidental to the acquisition of the ease- ments shall be the responsibility of and borne by the Watershed District . The costs for which the Watershed District shall have direct and exclusive responsibility shall include without limita- tion all costs related to the {acquisition of the easements , legal fees , court costs , appraisal fees , survey fees , abstracting fees , and recording fees . The Watershed District agrees to indemnify and hold Shakopee harmless from any and all liability of any nature arising from , and for all cost and expense relating to the acquisition of the easements . fyyj Section 2 . 05 . Payment of Easement Acquisition Costs . The Watershed District shall pay the easement acquisition costs on or before 30 days following receipt of the proceeds from the sale of the municipal bonds used to finance the Lake Outlet in the event that the contracts for the improvements are let and the work on the improvements proceeds . In the event that the` ` Watershed District elects either not Co let contracts for the , -4- improvements or elects not to let contracts for the improvements or elects not to commence work on the improvements, the easement acquisition cost shall be paid on or before 30 days after receipt of -the reimbursement funds received from Scott County in accord- ance with Minn. Stat. Sec. 112, , Subd . ( ) , (1955, as amended) . The District agrees to indemnify and hold Shakopee harmless from any costs or expenses related to easement acquisition. ARTICLE III CONSTRUCTION OF LAKE OUTLET Section 3 . 01 . Obligation of Watershed District . The con- struction of the Lake Outlet including without limitation the construction of all channel improvements appurtenant thereto shall be the sole and exclusive responsibility of the Watershed District . Prior to the commencement of construction , the Watershed District shall obtain all permi.LS and approvals required by any governmental unit having jurisdiction over the Lake Outlet improvements including without limitation permits from Shakopee , the Lower Minn( )La Watershed District , the Minnesota Water Resources Board , the Department of Natural Resources , the Environmental Quality Council and the Metropolitan Council . Section 3 . 02 . Plans and Specifications for the Lake Outlet Improvements . The Watershed District shall design the Lake Outlet improvements to conform with generally acceptable engineering specifications . The Watershed District shall furnish Shakopee with complete copies of the plans and specifications for the Lake Outlet improvements certified to by the Watershed District ' s engineer. The City of Shakopee shall approve all such plans and specifications as they relate to improvements to be placed within the corporate limits of the City of Shakopee. The Watershed District ' s determina- tion on questions of design shall be conclusive as to the parties to this Agreement. Section 3 . 03 . Payment of Lake Outlet Construction Costs . All costs or expenses incurred to construct the Lake Outlet improvements shall be the responsibility of and borne by the -5- District shall include without limitation all direct construction costs , engineering fees , legal fees , administration expense permit application fees . The Watershed District shall indemnify and hold Shakopee harmless from any liability for any cost or expense incurred in constructing the Lake Outlet improvements . ARTICLE IV • OPERATION OF LAKE OUTLET Section 4 . 01 . General . ( a ) l later shall not be released from Prior Lake by opening the main Lake Outlet gate at any time when such discharge would jeopardize the health , safety or prop- erty of the residents or property owners of Shakopee . ( b) The determination of when and to what degree such jeop- ardy has ceased , or has been reduced to the extent that the 4s- charge of water from Prior Lake may commence , shall be made jointly by the engineers of the Watershed District , Shakopee and Prior Lake in accordance with the following procedures : ( i. ) An inspection shall he made to determine the depth and velocity of the flow at various locations in the drainage channel . ( ii ) The available car ! :ity in the drainage channel shall \ v% he determined by ;ing Manning ' s equation for open- channel flow. All calculations shall be performed by the Watershed District ' s engi.neer .and shall be confirmed by the engineers of Prior Lake and Shakopee . ( iii ) The "available capacity in the drainage channel" shall be defined as the calculated maximum rate of discharge at which the Lake Outlet can be allowed to operate without resultant damage to the drainage channel or to adjoining properties . ( c ) After the available capacity in the drainage channel has been determined by the engineers of the Watershed District , Prior Lake and Shakopee , the main Lake Outlet gate may be opened subject to adjustment so as to release water at a rate that will • not exceed the available capacity in the drainage channel . Section 4 . 02 . Notice to Shakopee of Intent to Open Main Lake Outlet Gate . Prior to the opening of the main Lake Outlet gate and the release of water from Prior Lake , the Watershed District shall give Shakopee no less than 24 hours ' advance notice in accordance with Section 12 . 01 . Section 4 . 03 . Inspection of Drainage Channel . (a ) Prior to the opening of the main Lake Outlet gate and the release of -6- water from Prior Lake , the Watershed District shall inspect the drainage channel to insure the free flow of water for the anticipated rate and duration of the release period and to deter- mine the available capacity in the drainage channel in accordance with Section 4 . 01 ( h) . Notice of any such inspection shall be l . given to the engineers of Prior Lake and Shakopee and either City may elect to have a representative present for any inspec- tion . In the event that the inspection reveals that repair or maintenance is required to insure the free flow of water through the drainage channel , the party having responsibility for such repair and maintenance in accordance with Article VI shall promptly perform such repairs or maintenance so as Co prevent any undue delay in the release of water from Prior Lake In the event that such repairs are not promptly undertaken by the responsible party , the Watershed District shall have the right Co perform, or cause to be performed , the repairs to be made after 24 hours ' notice and to 2cover the costs pertinent thet-eto from the responsible party . Daily inspection of channel condi- tions shall be made by the District during lake outlet drainage rates exceeding 20 CFS . In such event , the responsible party shall reimburse the Watershed District upon due demand therefor for all sums paid , or for the fair value of any work performed , by the Watershed District in connection with such repair or mAin- tenance . In addition thereto , the Watershed District shall per- form daily inspections of the drainage channel conditons during times that water is being released from Prior Lake at rates exceeding 20 CFS . • ( b) After the main lake outlet gate has been closed and the water in the drainage channel has receded , the Watershed District shall make an inspection of the drainage channel to determine whether it has been damaged by the flow of water from Prior Lake . Notice of any such inspection shall be given to the engineers of Prior Lake and Shakopee and either City may elect to have a representative present for any inspection . In -7- the event that the inspection reveals that repair or maintenance is required to insure the free flow of water through the drainage channel , the party having responsibility for such repair and maintenance in accordance with Article VI shall promptly perform such repairs or maintenance so. as to prevent any undue delay in the release of water from Prior Lake . ( c ) The inspection requirements set forth in Sections 4 .03 (a ) and ( b) constitute the minimum obligation of the parties ; and any party to this Agreement shall have the full right to make such additional inspection of the drainage channel as it may deem necessary , with or without nccice to any other party. (d ) Written reports of all inspections shall be made by the inspecting party and shall he forwarded to each of the other parties . Section 4 . 04 . Operation of Dean ' s Lake Diversion Structure Cate . ' (a ) The Watershed District sha1. 1 have the exclusive authority for the operation of he Dean ' s Lake diversion stru6- Lure gate except as otherwise provided in this Section 4 . 04 . ( b) The normal position of the Dean ' s Lake diversion struc- ture gate ( that is , the position of the gate during times that water is not being released from Prior Lake ) shall direct the flow of runnoff through the existing natural drainage route and shall not divert such runoff through Dean ' s Lake . Nevertheles , the Watershed District agrees to comply with reasonable requests by Shakopee to divert normal runoff through Dean ' s Lake ; provided , however , that such request shall he made to the Watershed District in writing and shall he accompanied by the Agreement of Shakopee to indemnify and hold the Watershed District harmless from any liability for loss , damage and cosi , including without limitations reasonable attorney ' s fees , result- ing from the diversion of runoff through Dean ' s Lake pursuant to the request of Shakopee . ( c ) During the periods that water being released from Prior Lake is tiowing through the Dean ' s Lake diversion structure , the diversion structure gate shall he positioned so as to u . -8- all runoff through Dean ' s Lake . However, in the event that the diversion of runoff into Dean ' s Lake is causing or creates an eminent danger of damage to private property , Shakopee shall have the authority to abate the flow of runoff into Dean ' s Lake by repositioning the diversion structure gate to direct all ` or part of the runoff to the existing natural drainage route . Shakopee shall give the Watershed District prior notice of its intent Co redirect the flow of runoff by adjustment of the diver- sion structure gate . Section 4 . 05 . Additional Operational Conditions Imposed Upon the Watershed District . The Lake Outlet will be operated in accordance with the terms and conditions of the permit issued by the Minnesota Department of Natural Resources . A copy of the permit is attached hereto as Exhibit- "h" , and by reference made a part hereof . In,noev . i .s�ric �iischar �e •m rior a. . ARTI ,.E V USES OF DRAINAGE CHANNEL Section 5 . 01 . Permitted Uses by Watershed District . The Watershed District shall use the drainage channel for the purpose of draining water from Prior Lake and for no other purposes . Section 5 . 02 . Permitted Uses by Shakopee . Shakopee reserves the right to use the easements obtained by the Watershed District in connection with its overall drainage plans as they arefrom time to time developed by Shakopee . In the event runoff in Shakopee results in or causes the need for expansion of the design capacity for the drainage channel,, Shakopee shall make or install all improvements necessary to increase the capacity of the drainage channel to handle the increased flow. Any sucl improvements shall be made at the sole cost or expense of Shakopee ; and Prior Lake and the Watershed District shall be indemnified and held harmless from any and all liability for such cost or expense and for such increased flow. -9- . Section 5 . 03 . Additional Authorized Shakopee Uses . ?J� �� Shakopee may use the easements without termination of this 1/ Agreement , for the installation , operation and maintenance of public services and utilities to include without limitation pub- lic streets , sanitary sewer, water, storm sewer, electrical and natural gas . In no event shall such uses interfere or otherwise restrict the drainage function of the channel. All cost or expense to install, operate and maintain such utilities and any damage to the channel resulting from such installation, operation and maintenance shall be borne by Shakopee and both Prior Lake and the Watershed District shall be indemnified and held harn - less from any liability therefor. ARTICLE VI MAINTENANCE OF DRAINAGE CHANNEL Section 6 . 01 . Obligation of. Watershed District to Provide Initial Construction Warranty for Drainage Channel Improvements . For a period of three ( 3) years following completion of the l improvements made to the drainage channel as part of the initial construction of the Lake Outlet, the Watershed District shall have the sole and exclusive obligation to stabilize the channel bank and restore any damage to the drainage channel or adjoining /7=private-)property resulting from the initial construction work. In addition, anywork performedlby the Watershed District durring the foregoing three (3) year period to repair, replace or correct defects that arise out of or in connection with the initial construction work shall be similarly guaranteed for an additional three ( 3) year period from and after the date of such repair , replacement or correction . • Section 6 . 02 . Obligations of Watershed District to Contribute � I to the Routine Maintenance of Drainage Channel . (a) In addition to its obligations to provide /a--t-erre-e -(-}) aa- - -1 )construction warrantye }- r- pursuant to Section 6 . 01 , the Watershed District shall have a continuing obligation throughout the entire term of this Agreement to contribute the cost incurred for the routine maintenance of the drainaar!' + -10- channel . The amount of the Watershed District ' s contribution to the, routine maintenance of the drainage channel shall be determined as follows : • ( i ) Before the time that Shakopee alters or otherwise makes use of the drainage channel in connection with its overall drainage plan or in connection with the installation of public services and utili- ties , the Watershed District shall have sole and exclusive obligations to perform and pay the cost ' of all routine maintenance to the drainage channel . ( ii ) After the time that Shakopee modifies the drainage channel in connection with its overall drainage plan or in connection with the installation of pub- lic services and utilities , the Watershed District shall have the sole and exclusive obligation to perform and pay the cost of all routine maintenaice to 'that portion of the drainage channel lying south- erly of Dean ' s Lake ( including the Dean ' s Lake diversion structure ) ; provided , however , that at such time as there exists a continuous flow of water , hetwen the main outlet structure on Prior Lake and State Trunk Highway Number 101 , the Watershed District shall have the sole and exclusive obli- gation to perform and pay the cost of routine main- tenance for the entire drainage channel . In no event , however , shall the Watershed District have any responsibility for loss or damage to any public services or utili . ies installed or maintained inl the drainage channel easement by Shakopee . ( b) In addition to the continuing obligations of the Watershed District to contribute to the routine maintenance of the drainage channel , the Watershed District shall have the obli- gation of inspecting the drainage channel before and after releasing water from Prior Lake and shall repair any impediment to such discharge before relealing water and restore any damage caused to the drainage channel by such discharge thereafter. The post-discharge inspection shall he made as soon as practical after the discharge has ended . Any emergency restoration work as evidenced by the inspection shall be completed within a time frame consistent with the severity of the damage caused and such other physical and weather conditions that may bear upon the work to be performed . In no event , however , shall the time frame for completing permanent repairs exceed one ( 1 ) year from the date that the discharge causing the damage was ended . Section 6 . 03 . Obligation of Shakopee to Contribute to the Routine Maintenance of Drainage Channel . (a ) Before the time that ' Shakopee mod ' ffes the drainage -11- �f c channel in connection with its overall drainage plan or in con- nection with the installation of public services and utilities , Shakopee shall have no obligation to contribute to the cost of the routine maintenance of the drainage channel . ( b) After the time Chat Shakopee modifies the drainage channel in connection with its overall drainage plan , or in con- nection with the installation of public services and utilities , and except as otherwise provided in Section 6 . 02 (a ) ( ii ) Shakopee shall have the sole and exclusive obligation to perform and pay the cost of all routine maintenance to that portion of the drain- age channel lying northerly ofiDean ' s Lake . ARTICLE VII INDEMNIFICATION Section 7 . 01 . Indemnification of Shakopee/ by the Watershed District . The Watershed District shall indemnify and hold Shakopee harmless from any and all liability , cost or expense , including without limitation i isonable attorney ' s fees and court costs , arising out of or in connection with the construction , improvement , use and maintenance of the drainage channel by the Watershed District . Section 7 . 02 . Indemnification of the Watershed District by Shakopee . Shakopee shall indemnify and hold the Watershed District harmless from any andlall liability , cost or expense , including without limitation reasonable attorney ' s fees and Shakopee ' s court costs , arising out of or in connection with -- }}e improve- ment , use and maintenance of the drainage channel and the drain- age channel easement . • • Section 7 . 03 . Insurance and Evidence Thereof . Each of To be modified the parties to this Agreement thall provide on the demand of 1 unless we agree to buy insurancethe other , evidence that the risks covered by this Article are insured through an insurance company licensed to do business in the State of Minnesota by a policy or policies having minimum per occurrence limits of One Million Dollars ( $1 , 000 , 002 . 00 ) . i • -12- ARTICLE VIII • RESOLUTIONS OF DISPUTES Section 8 . 01 . Policy for Resolving Disputes . The parties to this Agreement acknowledge that if disputes do arise over the the construction of this Agreement , or over the rights a ' d obligations of the parties hereto , such disputes will , in all likelihood , affect substantial rights with respect to the health and safety of the persons and property of the citizens residing within their respective jurisdictions and will further arise under the time frames that do not allow for extended investi- gation of or negotiations regarding the relative merits of te respective position to the dispute . Therefore , the following procedure for resolving disputes has been implemented to give each party to this Agreement the opportunity to present , Co the fullest extent possible , the essence of their position to a qual- ified arbitrator and yet at the same time receive a knowledgeable decision , from a person havin sufficient technical experience and expertise , within the shortest possible time . Section 8 . 02 . Procedure for Resolving Disputes . All dis- putes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with Minn . Stat . Sec . 572 . 08 c , ( 1957 , as amended ) , the Minnesota Uniform Arbitration Act , and the following conditipns : (a ) The dispute shall be heard by a board consisting of three ( 3 ) arbitrators . The Watershed District and Prior Lake shall appoint one ( 1 ) member to the board . Shakopee shall appoint one ( 1 ) member to the, board . The third board member shall be appointed by the members previously appointed by the parties . ( b) The election to arbitrate a dispute shall be made in writing, duly served upon all of the other parties in the manner provided herein for notices . ( c ) The hearing before the arbitrators shall be held within five ( 5 ) days after service of the election to arbitrate , unl's'ge -13- Ls otherwise agreed in writing by each of the parties . ( d ) The decision of the arbitrators shall be rendered not later than seven ( 7 ) days after service of the election Co arbi- trate , unless otherwise agreed in writing by each of the parties . Section 8 . 03 . Enforcement of Award . The award of the arbi- trators shall be enforceable by any district judge of the First Judicial District of the State of Minnesota . ARTICLE IX AMENDMENT Section 9 . 01 . Amendment . Any amendment to this Agreement shall he in writing and duly executed by each of the parties Any amendment shall he effective from and after the date that it is recorded in the Office of the Scott County Recorder . ARTICLE X TERMINATION Section 10 . 01 . Perpctua ' . The duration of this Agreement shall be perpetual , or until e . herwise expressly rescinded or terminated by the parties . Any such agreement of. rescission or termination shall be recorded in the Office of the Scott County Recorder . ARTICLE XI DISTRIBUTION OF PROPERTY Section 11 . 01 . Distribution of Property Generally . In ) the event of the rescission or termination of this Agreement , all property or surplus monies acquired as a result of the joint exercise of powers provided for herein shall be returned to the contributing party in proportion to the contribution provided for by the respective party . Section 11 . 02 . Title to basements Upon Termination . Upon termination of this Agreement , the Watershed District shall convey to Shakopee , all of its right , title and interest in that portion of the drainage channel lying northerly of Scott County Road 16 and within the municipal limits of Shakopee . -Ia-ex.c#o.ng.e therafar_T_54a-k6p.ee-s-heri -ray-to-the-wutersheti-nuttier an amount -14- etre-3--t-o--t-�e--d-e}-?r�-c�rat�-c�sCs-acCUarl'y-tncH�-ped-�q--Ede- '-ate cs{re-d 6-.-0-�}--�-1-rat�o-r-two-c��€--t}�e-c��ei-mage-chanrre�-�y��►g-fter�kter�q-of • T-tu}-. 11-'=t rte -c-o-s "-sl�a-l-1--rttealt-alterrefer-to-the-Lost ARTICLE XII MISCELLANEOUS Section 12 . 01 . Notices . Any notice required to be give or submitted under this Agreement shall be duly given if deliv- ered personally or if mailed , by certified or registered mail , postage prepaid , addressed to the parties at their respective addresses specified below, or to such other address with respect to any party as such party sho ] i notify the others in writing . If to Prior Lake : (Name) City Ad4; ,,; Qr. ,+ter 1-40 4629 Dakota Street Southeast Prior Lake , Minnesota 55372 If to Shakopee : (Name) City Administrator 129 East 1st Avenue Shakopee , Minnesota 55379 If to the Watershed District : (Name) Staff Administrator 4690 Colorado Street Prior Lake , Minnesota 55372 Section 12 . 02 . Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the legal slc- cessors and assigns of the parties . Section 12 . 03 . Construction . This Agreement shall be con- strued in accordance with the laws of the State of Minnesota . Section 12 . 04 . Definitions . The terms defined in this Section 12 . 04 ( except as may be otherwise expressly provic 'Y in this Agreement or when the context otherwise requires ) s!- J' ' , -14- • for all purposes of this Agreement, have the following respective meanings : (a) • (b) ( c) (d) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of , 1981 . CITY OF PRIOR LAKE BY ITS AND_ ITS CITY OF SHAKOPEE BY ITS AND ITS PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT BY ITS AND ITS STATE OF MINNESOTA) ) ss . COUNTY OF SCOTT ) On this - day of , 1981 , the foregoing Joint Powers Agreement was acknowledged before me by and , the and respectively, of the City of Prior Lake , a municipal corporation , on behalf of said corporation. Notary Public i {! - 15- g � STATE OF MINNESOTA) ) ss . COUNTY OF SCOTT ) On this day of , 1981 , the foregoing Joint Powers Agreement was acknowledged before me by and , the and 1 , respectively , of the City of Shakopee , a municipal corporation , on behalf of said corporation . Notary Irublic STATE OF MINNESOTA) ) ss . COUNTY OF SCOTT ) On this day of , 1981 , the foregoing Joint' Powers Agreement was acknowledged before me by and , the and , respectively , of the Prior Lake-Spring Lake Watershed District , a political subdivision of the State of Minnesota , on behalf of said district . `rotary Public • 1101 i yr -16- MEMO TO: John Anderson City Administrator FROM: Don Steger City Planner RE: Preliminary and Final Plat of Minnesota Valley 5th and 6th Additions DATE: May 15, 1981 At the Planning Commission meeting held May 14, 1981, the Planning Commission considered the Preliminary and Final Plat of Minnesota Valley 5th and 6th Additions. At that time, they made the recommendation to the City Council for approval of both Preliminary and Final Plat, subject to conditions. These conditions have been so noted in the attached resolution. Action Requested City Council to approve the Preliminary Plat of Minnesota Valley 5th and 6th Additions and offer Resolution No. 1838, A Resolution Approving the Final Plat of Minnesota Valley 5th & 6th Additions, and move for its adoption. j iw Attachments: Resolution No. 1838 Case Report on Minnesota Valley 5th & 6th Additions DATE: May 14, 1981 CASE: PC 8o-4+6P ITEM: Preliminary and Final Plat of Minnesota Valley 5th & 6th Additions APPLICANT:Dick Wiggin LOCATION: 12th Avenue and Polk Street ZONING/LAND USE: R-4, Multi-Family Residential/Vacant APPLICABLE REGULATIONS: Section 11.28; Section 12 PUBLIC HEARING HELD: May 14, 1981 CASE HEARD BY PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL: Proposal: The applicant is requesting preliminary and final plat approval of Minnesota Valley 5th and 6th Addition, both 8 lot subdivisions. Land Use Compatibility: Surrounding Land Uses: Existing land uses east of the proposed plats consist of single and multiple family residences. The Minnesota Valley Mall adjoins the plats to the west, and the proposed bypass lies to the south. Urban Services Availability: Sanitary sewer - existing 10 inch pipe in 12th Avenue Court. Water - existing 12 inch watermain in 12th Avenue Court. Storm Sewer - existing 42 inch pipe in north end of 12th Avenue Court. FloodPlain: Lowest elevation above 100 year flood stage. Background: The proposed plats, along with Minnesota Valley 7th Addition, have been discussed by the Planning Commission and City Council on several occasions since the fall of 1980. A public hearing for Preliminary Plat of Minnesota Valley 5th, 6th and 7th Additions was held by the Planning Commission on November 13, 1980, at which time preliminary plat was denied. Minnesota Valley 5th, 6th and 7th Additions preliminary plat was then sent to the City Council on November 18, 1980 with the recommendation of the Planning Commission and at that time the City Council sent it back to the Planning Commission in order for the problems to be resolved between City staff and developers. The most recent Planning Commission discussion occurred at the March 12, 1981 meeting when the applicant was advised to formally plat Minnesota Valley 5th and 6th Addition and leave the 7th Addition as an outlot, pending the Mall area traffic study. It was determined that the platting of the 5th and 6th Additions would not preclude findings of the traffic study. PC 80-46p May 14, 1981 Minnesota Valley 5th & 6th Additions Page -2- T Considerations: 1. Both plats consist of 8 building lots and an outlot. The land currently is vacant. 2. The 5th Addition provides for the widening of Polk Street south of 12th Avenue and the extension of Polk Street north of 12th Avenue. This plat also incorporates 12th Avenue into the plat, from which most of the proposed lots receive access. So as to avoid confusion, the street (12th Avenue Court) should be renamed beginning at the point where it turns southward (Taylor Stret may be appropriate with Taylor Court as the cul-de-sac). All proposed street widths comply with the code requirements. 3. The 6th Addition provides for the extension of 12th Avenue Court (Taylor Street) and a cul-de-sac. All proposed lots gain access from this street. The street widths comply with the Code requirements. 4. Because the lots vary in size from 13,000 square feet to almost 38,000 square feet, a variety of housing units could be built. The R-4 Zone would accommodate such a variety of units, depending on the size of each individual lot. Lots could also be combined to permit even a wider variety of housing types. 5. The building envelope (lot area excluding the setbacks) varies widely due to the varying lot sizes. Those lots fronting on Polk Street (Lot 1 of Block 1 and Lots 1 and 2 of Block 2, Minnesota Valley 5th Addition ) have somewhat restrictive building envelopes due to their small size and larger setback requirements. However, by limiting the types of housing units on these lots or by combining lots at the time of development, all Zoning Ordinances regulations can be met without the need for variances. Variances (both front and rear yard) have been granted to the property immediately south of these lots. At the time of development of the lots in the 5th Addition, it can be determined if variances are justified to accommodate the proposed housing and maintain a uniform front setback with the adjoining residences. 6. The Outlot A (6th Addition) is intended to be platted in the future, once the Mall traffic study is completed and implemented. 7. The proposed plats are compatible with the land uses to the east of the subdivisions. However, adjacent and to the west of the proposed plats exists the Minnesota Valley Mall. Due to noise,congestion, litter, traffic, etc. , a conflict between these different land use types will undoubtedly result. At the time of lot development, an extensive use of landscaping should be made, so as to buffer the conflict to the greatest degree. In addition, the staff will investigate into the possibility of requiring the Mall to undertake a screening program. PC 80-46P May 14, 1981 ^ �^ Minnesota Valley 5th 6th Additions Page -3- 9) 8. No sidewalks have been indicated on the plats. When Polk Street becomes a completed minor arterial (as designated) , a sidewalk should be installed along the west side of the street to accommodate the multiple-family densities. 9. No parks or trails are included in the plats. The Director of Community Services indicated that these facilities will be addressed in the 7th Addition, when platted in the future. A cash payment would be acceptable for the 5th & 6th Additions. 10. The Utilities Manager has indicated that due to the particulars of this plat, a non-looped watermain is acceptable for the interim period until the adjoining area is developed. At that time, a loop must be made. The watermain should be extended as shown on the proposed plats, and in addition, continued between Lots 5 and 6 of Block 1 (6th Addition) to the south end of these lots. 11. The proposed plats are located in a controlled sanitary sewer area - Area G-4 (see attached map). The plats are, therefore, subject to specific flow allocations. 12. Ten foot wide utility and drainage easements are provided around the perimeter of each proposed lot. Staff Recommendation: Staff recommends preliminary and final approval of Minnesota Valley 5th and 6th Additions subject to the following conditions: 1) From the point of southerly deflection, 12th Avenue Court be renamed to Taylor Street. The cul-de-sac be renamed to Taylor Court. 2) The future platting of Outlot A, Minnesota Valley 6th Addition, be subject to the adopted recommendations of the Mall Traffic Study currently being prepared for the City. 3) The signature blocks of both plats be changed to comply with the County Recorder requirements. it) A cash payment for park dedication be made. 5) The City Planner review the deed restrictions prior to the issuance of individual lot building permits. 6) Approval of a Title Opinion by the City Attorney. 7) Execution of a Developer's Agreement for the construction of the required improvements. 8) All final plans and specifications be prepared in accordance with City Design Criteria and Standard Specifications and be received and approved by the City Engineer. PC 80-46P May 14+, 1981 � Minnesota Valley 5th & 6th Additions Page -4+- L(/ 9) Construction drawings for the watermain, storm sewer, roadway and side- walk be submitted to and approved by the City Engineer. 10) The water utilities be designed and approved by the City Utilities Manager. 11) Street lighting be approved by the City Utilities Manager. 12) Sidewalk be installed along the west side of Polk Street. Planning Commission Recommendation: Recommended approval with above referenced conditions No. 1 through 12. City Council Action: DS/jiw Attachment .. / a' /3 /. ,,,,':( 451 , WEST .SIDE FLO.*uur ALLOCATIONS ik . .... , .. . . .i C7,' . " •• 1 ou . . 1 t% . . D , . 2 , k 8 11, ... . 7.;4 - . IMMVAIA/ 1' t „ . i . zo . 1 °=3. -co. . i L • 103. t. 1 , m i ,... 0 ,..1 :. 4"fr. E 0 G 3 '.' : 4 6i.• f • ,•;„1 , ' •-..; • ,646...., '-v .• t4 , • . . . .,.. / Nks. s• t, . .. . / , •/. N 1 % ibik . 428 , I • ' P- i.'t .. s44.. E i ....._ •-> ck1 ‘ c•J r ., ,. ) ‘. ••,446. 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P , • -qo . s . er -er al a 4 , 1) • wr) • -„tr • • -t- • .. • In 4 to • pr er 0 .1,1 4,) • . : _ •, • . 6 , a) -to _ it) I -' • :• E , 2 80' • • . _ ' a *.ariv ; - • • -,•• ; :,...' - ..•;" A . <5 ' . t 1 . I L . 1 ' ... m .... ....... • ' •.‘• , . .1;i77 I . ,',•,, I I I i ' RESOLUTION NO. 1838 A Resolution Approving The Final Plat Of Minnesota Valley 5th & 6th Additions WHEREAS, the Planning Commission of the City of Shakopee has approved the Final Plat of Minnesota Valley 5th and 6th Additions and has recommended its adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Minnesota Valley 5th Addition, as described on Exhibit "A" attached hereto and made a part hereof and the Final Plat of Minnesota Valley 6th Addition, as described on Exhibit "B" attached hereto and made a part hereof be, and the same hereby are approved and adopted with the requirements that: 1) From the point of southerly deflection, 12th Avenue Court be renamed to Taylor Street. The cul-de-sac be renamed to Taylor Court; 2) The future platting of Outlot A, Minnesota Valley 6th Addition, be subject to the adopted recommendations of the Mall Traffic Study currently being prepared for the City; 3) The signature blocks of both plats be changed to comply with the County Recorder requirements; 4) A cash payment for park dedication be made; 5) The City Planner review the deed restrictions prior to the issuance of individual lot Building Permits; 6) Approval of a Title Opinion by the City Attorney; 7) Execution of a Developer's Agreement for the construction of the required improvements; 8) All final plans and specifications be prepared in accordance with City Design Criteria and Standard Specifications and be received and approved by the City Engineer; 9) Construction drawings for the watermain, storm sewer, roadway and sidewalk be submitted to and approved by the City Engineer; 10) The water utilities be designed and approved by the Shakopee Public Utility Commission Manager; 11) Street lighting be approved by the Shakopee Public Utility Commission Manager; 12) Sidewalk be installed along the west side of Polk Street. Resolution No. 1838 Page Two BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981. City Attorney I . Exhibit "A" Resolution No. 1838 .‘1) 11, u • :rt the Nort r ;he )I ht i:; t • • theast !he Ni)rt Q11.11—!..‘11- 0: cJ u.1 I . ! , 3, ;lcutt fol the nrth : >1 V.'.; ; ; I. the southwest r M:NNESOTA VA1.1.1:Y 151 e•cord illy • I, 1 plat ther-o: ; thence ,outhI deree 04 minut es 4 FH ,t t h, • i!)e id MINNE20TA VALLEY 3RD A.L.c. rioN, a distance .1 lcc l ; th, nee Su ,-, :.,1.intes 17 ohd:-.; West the north line Ji 1INNi:SOTA VA! LEY 1;;) AL) • or:, I 1 it:Lance of 130.00 feet; :;orth 1 degree H :::Hut es 43 .;i• ,wL Wc t )0.00 feet; hence South L1,,grecti 55 minut old k ! , .1 d I :t :ince ,,• )() ; hence Stnif I degrees minutcs 0') second,: We :t , d iLah : ee; ' .,t :I •c N,)r! h 42 de reel; 0') minutes West, a d is: duce ot 120.6 ) cet ; thence (1: 'i7rt,/..!:: 29 minus cs seconds , distance of 60,00 :eLt t,, the southeast er1; is VA LEY MALL FIRST ADD I TION, . . 0:taing to the recorded plat t hereot ; thence North d, s 30 minute:: U. . econds 'East said southeasterly 1 hie of VALLEY MALI. FIRST /V>1)1110N, di tanec of 675.90 feet; Ut. ; North I degree 04 minutes 4 seconds West a 1n • ti eaf:t 1 inc of said VALLEY MALL FlitS7 A3D:T1ON, a distance of 129,95 feet to 1 p‘s in I 1240.00 font radiu , curve, the eenter of circle of said cnirve North 72 det_tt • clout cc 4.) second:-: East_ from . point ; thence southeasterly a long sa id curve : , rat angle 2 dittrees 31 :nuLes 28 seconds; th,:we Sone h degre, t cold.; La!,;t al our line tangent to .;aid curve, a di::tance of 4). 39 fcet ; then. c -.outhel:;terly, a distance uf 361 .63 feet along a tanrential curve' conclve t ,) t1 , having a radius of 1160.00 feet and a central angle ot IS degrees 51 minute.: 01, -t dy; then..e North 88 degrees 5', minutes 17 seconds Last , a iIist,1n /)1 10.00 I1.1!! : 111,11, e South 1 degree 04 minutes 4 -.'cods Last along the northerly ext enon and we '1 ne '^a Id MFNNESOTA VALLEY ADDITION, .1 1 Lit Ill41: 1SJ .R1) toHIV IWIti LW. • • • (-fa/ Resolution No. 1838 Exhibit "B" ,)ESC.RIPt.ION FOR MINNESOTA VALI : , W:11 A1 ) UN - - - - - - :hat part Of the North Half of the Southwe,:t Quarter , ! tion 11 , -:ownship 11:4, Range 23, Scott County, Minnesota, dc.;cribed As follows: .owlening at the northwest corner of MINNESOTA VALL:: i .'.DDIF :ON, also being the oc' nwest corner of MINNESOTA VALLEY 1ST AD0IiioN, , I , to ti o recorded plats ! ntioof; chance South 1 derreo 04 minutes 4) second.; 1. : 1 :long tho west liny of said `IINNESOTA VALLEY 3RD ADDITION, a distance of 108. 11 ; thence South 88 degrees 55 inntes 17 seeonds'Vest Aslon:_; the north lino of sill '! :NNLSOTA VALLEY 3RD ADDT.T1ON, a distance of 130.00 feet to the point of beginning ot tract to be described; thence South 1 degree 04 minutes 43 secoluL Last along tho line of said MINNESOTA VALLEY io ADDITION, a distance of 380.00 feet ; thence StY i. grec:: Y minutes 17 seconds West along the north line of said MINNESOTA VALLEY A0DIFION, a distance of 245.00 f-eet ; thence South 25 degreo, 25 minutes 17 seoond:, : I lig the westerly lino of said 11NNES0TA VALLEY 3RD ADDITION, a distal-we of 380.00 thence South 26 degrees 04 inute,; 43 seconds East along the westerly link. of , ..1 -;NSOTA VALLEY 3RD ADDITION, di:;tance of 204.23 feet to the south line ot aid o Half of the Southwe:it Quarter; thence South 86 degrees 56 minutes 16 ::ee,.n,k W(-:t ..aid south line of the North Half of the Southwest Quart,r, distAnco of 724. 711 ; : Innoy North 0 degrees 08 minutes 24 seconds West, of Ce( t Ht_or::ection with the south-, L.:,terly extension of the :otaltea:;terly lino o!- ADDITION, ncording to he re:orded plat thereof; thence North 38 degree:: 30 ii es 05 seconds East Along said southwesterly extension and southeAsterl line if VA1.L2, :.!.ALL FIRST ADDITION, a distance 01 1008.70 feet; thence South .) 1 degroes :9 minutes ) . .,, onds East , a distance of 60.00 feet : thence South 42 degree. 09 minutes 03 :;(2c,):11. . I distance of 120.63 feet; then.•e North 38 degrees 30 minufe.; E ..;t , a : an,.e ,)f 85.00 feet ; thence rorth 88 d&grocs 55 minute,. 17 , ,•ond : 1.Ast , A Ii ;t. , . "6.00 feet; thence South 1 1.Agr, 0 )4 minutes 43 st .• qL1 . ,t ; H, tho , oint of hoc-inning. 9'4 MEMO TO: John Anderson - City Administrator FROM: Don Steger City Planner RE: Planning Commission Appointment to Downtown Ad Hoc Committee DATE: May 15, 1981 At the Planning Commission meeting held May 14, 1981, the Planning Commission recommended the appointment of Lee Stoltzman as their representative to the Downtown Ad Hoc Committee. jiw /D MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Shakopee Obscenity Ordinance DATE: May 15 , 1981 Introduction Pursuant to Council direction of May 5 , 1981 , the City Attorney has prepared the attached ordinance amending our current obscenity ordinance . Recommended Action Offer Ordinance No. 61 , An Ordinance of the City of Shakopee Amending Section 10. 75, Subd. 2 , Of City Code By Adding Certain Provisions Thereto And By Adopting By Reference Shakopee City Code , Chapter 1 and Section 5. 99 , and move its adoption. JSC/jms ORDINANCE NO. 61 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SECTION 10.75, Subd. 2, OF CITY CODE BY ADDING CERTAIN PROVISIONS THERETO AND BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1 AND SECTION 5.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION 1 ADDING NEW PROVISIONS, Subd. 2, Section 10.75 as follows: After the word to in the second line, Subd. 2 add "Willfully furnish, display, sell or give" so that Subd. 2 will now read: Unlawful Act. It is unlawful for any person to willfully furnish, display, sell or give another person obscene material. SECTION 2 Adopted by Reference The general provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1, Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION 3 When in Force and Effect After the adoption, signing and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on the day after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. " ryor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 11th day of May, 1981. Julius A. Collar, II City Attorney c MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Resolution No. 1833 DATE: May 12, 1981 Resolution No. 1833 is to formally adopt by resolution the 1981 Park Reserve Fund and Sewer Fund budgets for 1981 as per previous Council action and direction. GV/ljw t r RESOLUTION NO. 1833 A RESOLUTION ADOPTING THE 1981 SEWER FUND AND PARK RESERVE FUND BUDGETS WHEREAS , the annual budgets for the Sewer Fund and the Park Reserve Fund of the City of Shakopee for fiscal year 1981 have been submitted by City staff and modified and approved by the City Council . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA: 1 . The Park Reserve Fund budget with total estimated revenues of $16 ,500 and total appropriations of $52 ,600 (as detailed in attachment A) is hereby approved and adopted . 2 . The Sewer Fund budget with estimated operating revenues of $661 ,000 and estimated operating expenses of $649 ,947 (as detailed in attachment B) is hereby approved and adopted. Adopted in session of the City Council of the City of Shakopee , Minnesota held this day of 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney DEPARTMENT DIVISION FUND 6 Pi Park Reserve PERSONAL SERVICES AND CAPITAL OUTLAY EXPENDITURES NUMBER of 1980BUDGET 1981BUDGET OBJECT EMP1 oYEES — __ 19 19 ADOPTED REVISED PROPOSED Adopted Proposed Fund Balance January 1 $ 1 , 939 $ 1 , 939 $37 , 839 Revenue : Park Dedication 15 ,600 35 ,000 15 ,000 Grants (O ' Dowd) 97 , 500 -- Contributions -- Interest 1 ,000 -- 900 1 ,500 Total Revenue 104,435 35 , 900 16, 500 Expenditures : Playground Equipment 1 ,000 -- 600 Boat Landing 1 ,000 Land - .O 'Dowd 130 ,000 -- Land JEJ -- 33 ,000 Landscaping - Lions 1 ,000 -- Redevelopment - Earth work - JEJ -- -- 18 ,000 _132 ,000 -- 52 , 600 Fund Balance December 31 $ 15 , 626 $37 , 839 $ 1 , 739 • ■ ATTACHMENT B 1oc CITY OF SHAKOPEE, MINNESOTA Pro Forma Operating Statement For The Year Ending December 31, 1981 - SEWER FUND - Operating Revenue Service Charges $ 607,000 I & I Grant 54,000 661,000 Operating Expenses 4100 FT Salaries 22,000 4112 FT Overtime 750 4130 PT Salaries 700 4140 PERA 1,290 4141 FICA 1,560 4150 Health & Life Ins. 1,200 4151 Workmen's Comp. 1,800 4220 General Supplies 2,500 4230 Equipment Maint. 2,000 4232 Vehicle Maint. 300 4234 Utility System Maint. 10,000 4312 Engineering Service 60,000 4315 Other Prof. Services 9,500 4360 Gen. Liability 300 4362 Vehicle Insurance 650 4382 Machinery Rental 1,000 4393 Awards & Indemnities 1,000 4411 Current Use Charges 506,747 4993 Depreciation 26,640 Total Operating Expense 649,937 Operating Income 11,063 Add Non-Operating Revenue Interest Income 15,600 Less Non-Operating Expense Interest Expense 4,607 Net Income $ 22,056 Transfer to Debt Service 1961 Bonds $ 22,800 1980-A Bonds 22,000 MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolutions No. 1841 and 1842 DATE: May 15 , 1981 Attached are Resolutions # 1841 and 1842 , A Resolution Approving and Adopting Certain Tax Increment Policies" which was prepared by J.A. Coller for Council consideration. The policies were approved May 12 , 1981 . JSC :plk 10 RESOLUTION CEJ - A Resolution Approving and Adopting Certain Tax Increment Policies WHEREAS, The Shakopee City Council has spent considerable time considering the adoption of certain policies in connection with tax increment redevelop- ment projects and has determined upon the adoption of certain policies in dealing with such projects; NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL That the tax increment policies set forth in the attached Exhibit A are hereby made a part hereof and adopted by the Shakopee City Council effective as of the date of this resolution. Passed insession of the Shakopee City Council held this day of , 1981. ' Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 14th day of May, 1981 ^1 ( .4e‘ CitytorneyyW...^_— 1 RESOLUTION # j61 `2 A Resolution Approving and Adopting Certain Tax Increment Policies WHEREAS, The Shakopee City Council has spent considerable time considering the adoption of certain policies in ponnection with tax increment economic develop- ment projects and has determined upon the adoption of certain policies in dealing with such projects; NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL That the tax increment policies set forth in the attached Exhibit A are hereby made a part hereof and adopted by the Shakopee City Council effective as of the date of this resolution. Passed in session of the Shakopee City Council held this day of 1981. ya or o the City of Shakopee ATTEST: City Clerk Approved and prepared as to form this 14th day of Max, 1981 C' Attorney ��� 1 1 i iCt_ MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Fire Relief Association Bylaws Attached are copies of the proposed revised Fire Relief Association Bylaws and an annotated copy of the current bylaws. Please note that changes with financial impact are contained in: New Bylaws Old Bylaws Article VII Section 1 Article VIII Section 102 Article VIII Section 1 Article IX Section 1 Article VIII Section 2 Article IX Section 2 Article VIII Section 3 Article IX Section 3 Article VIII Section 6 The proposed change in bylaws has an impact on the amount of municipal contribution to the association. Attached is a copy of the annual certif i- cation form that the association must file with the City by August 1. Page three, line 11 is the amount of City contribution as determined by statute, through the use of this form. Shown below is the estimated amount of City contribution required at various benefit levels. City Contribution Benefit 1981 1982 Currently $660 for '82, $700 for '83 --- --- $800 --- --- $900 $ 5,773 $ 4,431 $1,000 (requested) $12,264 $10,791 GV/ljw Attachment e y/$l tot o/ocsp al BYLAWS OF THE SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION ARTICLE I MEMBERSHIP Section 1 . Any regular active member of the Shakopee Fire Department shall be eligible to apply for membership in this association. Section 2 . Written application accompanied by an applica- tion fee of $3 .00 may be made at any regular or special meeting of the board of trustees , and then laid over for one month for consideration . During this time , the board of trustees shall conduct an investigation to determine if the applicant , due to some medically determinable physical or mental impairment or condition, would constitute for the association a predictable and unwarranted risk of liability for benefits at an age earlier than the minimum age specified for receipt of a service pension . If no such impairment or condition exists , the board of trustees shall appoint the applicant to membership in the association . If the application is not approved , the application fee shall be returned to the applicant . Section 3 . Resignation from the Shakopee Fire Department or moving from Shakopee to take up residence elsewhere , shall termi- nate the membership of the member so resigning , expelled or removing ; provided , however , that any member who has served for at least the minimum number of years required by Article VIII of these bylaws for vesting of pension rights as an active member of the Shakopee Fire Department shall retain membership in this association, regardless of resignation, expulsion or removal , subject to payment of dues and such other regulations which may be from time to time imposed . Section 4 . Each member shall pay to the association annual dues of $3 .00 payable on or before the date of the annual meet- ing of each year. Section 5 . Any member of the association who fails to pay the dues within 30 days of the time when such payment was due , stands suspended from membership and forfeits all rights and benefits thereunder by such non-payment without any action by the association , or any officer thereof . Section 6 . Any member who shall , in the opinion of a majority of the board of trustees , fraudulently claim benefits from, or defraud or attempt to defraud the association in any way , shall be suspended from membership by the board , and shall forfeit all further rights to benefits from the association . Section 7 . Any suspended member can only be reinstated upon his application therefor in writing, presented at a regular or special meeting of the association , accompanied by a sum of money equal to what he would have been required to pay to the association during the period of suspension had he not been suspended , plus a reinstatement fee of $3 .00, upon the favorable vote of 2/3 of the members present and voting at such meeting. If the application for reinstatement is rejected , the money accompanying the same shall be returned to the applicant . ARTICLE II BOARD OF TRUSTEES Section 1 . The board of trustees shall be composed of the following: a President , a Vice President , a Secretary, a Trea- surer and 2 general trustees , each of whom shall be elected for a term as specified in this Article , or until his successor has been elected and qualified , at the annual meeting of the associa- tion from its members , and the statutory ex officio trustees ; the Chief of the Shakopee Fire Department , the Mayor and the Clerk of the City of Shakopee . Section 2 . As their respective terms of office expire , two officers or general trustees shall be elected for three year terms at each annual meeting. The terms of the President and Treasurer shall be concurrent , the terms of the Vice President and the Secre- tary shall be concurrent and the terms of the two general trustees shall be concurrent . If a vacancy (other than a vacancy caused by removal for cause of an officer or trustee) occurs during the term of office of any officer or general trustee , the remaining members of the board of trustees shall elect a member of the association to serve for the unexpired term of the vacated position . Section 3 . A general trustee or officer may be removed for cause . Cause for removal shall include , but shall not be limited to, the breach of the duties as set forth in Articles II and III of these bylaws . One or more of the trustees or officers may be removed at a meeting of the membership which is called for that purpose by a 2/3 vote of those present and voting at such meeting. Notice of the meeting at which removal is to be considered shall be given to each member and shall include the purpose of the meet- ing. The general trustee or officer shall be furnished with a statement of the particular charges at least 5 days before the meeting is to be held. At the meeting, the general trustee or officer shall be given an opportunity to be fully heard as to each charge . If a general trustee or officer is removed, his replacement shall be elected at the same meeting, and such replace- ment shall serve out the unexpired term of the removed general trustee or officer. Section 4. It shall be the duty of the board of trustee to prepare modes and plans for the safe and profitable investment of the unappropriated funds of the association , and whenever loans or investments are made , to investigate and pass upon the securi- ties offered and to attend to the drawing and execution of the necessary papers . The board shall order an audit of the books and accounts of the secretary and the treasurer annually , accord- • /1 '2/ ing to law, and shall submit a written report on the condition of the association to the members at the annual meeting. Section 5 . The investment of the funds of the association shall be in the exclusive control of the board of trustees , in conformance with state statutes . Section 6. The members of the board shall act as trustees with a fiduciary obligation to the members of the association , to the City of Shakopee , and to the State of Minnesota . ARTICLE III DUTIES OF OFFICERS Section 1 . It shall be the duty of the President to attend and to preside at all meetings of the association and of the board of trustees . He shall enforce the due observance of the Articles of Incorporation and the bylaws and see that the officers properly perform the duties assigned to them. He shall sign all checks issued by the Treasurer and all other papers which require his signature . He shall be a member of all committees except the aid committee and he shall exercise careful supervision over the affairs of the association. He shall receive such salary as may be fixed from time to time by the board of trustees , subject to approval of the association , and payable from the Special Fund of the associa- tion. Section 2 . It shall be the duty of the Vice President to perform the duties of the President in his absence . In the absences of both the President and the Vice President , it shall be the duty of the association to elect a President Pro Tem , who shall perform the duties incident to the office . Section 3 . It shall be the duty of the Secretary to keep a true and accurate record of the proceeding of all meetings of the association and of the board of trustees . He shall keep a correct record of all amendments , alterations and additions to the Articles of Incorporation or the bylaws in a separate book from the minute books of the association . He shall cause due notice of all special meetings of the association and of the board of trustees to be given. He shall receive all moneys due the association and pay the same over to the Treasurer , taking a receipt for the same , and failing to do so , he may be impeached and expelled from the associa- tion . He shall keep a roll of membership , with the date of joining, resignation, discharge , leaves of absence , dues and assessments paid and relief or pensions furnished . His books shall at all times be open to inspection by the board of trustees . Prior to entering upon the duties of his office , he shall give a bond in such amount and with such sureties as may be required and approved by the board of trustees , conditioned upon the faithful discharge of his trusts and the full performance of the duties of his office . Such bond will be paid for from the Special Fund of the Association . He shall sign all orders for payment issued to the Treasurer , and jointly with the Treasurer , prepare and file all reports and statements required by law. He shall receive such salary as may be fixed from time to time by the board of trustees , subject to approval of the association , and payable from the Special Fund of the association . Section 4 . It shall be the duty of the Treasurer to receive from the Secretary all funds belonging to the association and hold them subject to the order of the President and countersigned by the Secretary . He shall keep separate and distinct accounts of the Special and General Funds , and shall prepare and present to the board of trustees a full and detailed statement of the assets and liabilities of each fund at each meeting of the board of trustees , and prior to the annual meeting of the association . Failing in his obligations , he may be impeached and expelled from the association . He shall deliver to his successor in office , or to any committee appointed by the board of trustees to receive the same , all moneys , books , papers and other items pertaining to his office immediately upon the expiration of his term of office . Prior to entering upon the duties of his office , he shall give a bond in such amount and with such sureties as may be required and approved by the board of trustees , conditioned upon the faithful discharge of his trust and the faithful performance of the duties of his office , to be paid for from the Special Fund of the association . Jointly with the Secretary, he shall prepare and file all reports and statements required by law. He shall receive such salary as may be fixed by the board of trustees from time to time , subject to approval of the association , and payable from the Special Fund of the Association . Section 5 . There shall be an Aid Committee , composed of the Vice President and two other members of the association , who may or may not be members of the board of trustees , appointed by the President . The Vice President shall be the chairman of this commit- tee. The duty of the committee shall be to make provisions for assistance to be rendered to each sick or disabled member , and to the survivors of any deceased member . ARTICLE IV MEETINGS Section 1 . The annual meeting of the association , for the election of officers and trustees , and other business , shall be held on the third Monday of January in each year. If such day falls on a holiday , the annual meeting shall be held on the next following Monday. Section 2 . The board of trustees shall meet at least 4 times during the year . (Minimum of 4) . Section 3 . Special meeting of the association or of the board of trustees may be called by the President , or 2 members of the board of trustees , and shall also be called upon written request of 6 or more members of the association . Members or trustees shall be notified by the Secretary of such special meetings , and the object of the meeting shall be contained in such notice . i Cf./ Section 4. A majority of the board of trustees then in office , and 40% of the members of the association shall constitute quorums for the transaction of business at their respective meet- ings . Less than a quorum may adjourn a meeting to a future time , which the Secretary shall make known to the affected members . Section 5 . All reports and resolutions shall be submitted in writing and no report shall be accepted unless it is the report of a majority of a committee, provided , however, that a minority shall be permitted to present its views in writing. Section 6 . All meetings shall be conducted according to Robert ' s Rules of Order, as revised . Section 7 . The Order of Business shall be : 1 . Call to order 2 . Roll call 3 . Reading of minutes of previous meeting 4 . Reading of reports and minutes of board of trustees ' meetings 5 . Reports of officers 6 . Propositions for membership 7 . Reports of special committees 8 . Unfinished business 9 . Election of officers or trustees (annual meeting 10. New business 11 . Adjournment ARTICLE V FUNDS Section 1 . The funds received by this association from dues , fines , application fees , entertainments and other miscell- aneous sources shall be kept in the General Fund of the associa- tion on the books of the Secretary and the Treasurer, and may be disbursed for any purpose reasonably related to the welfare of the the association or its members , as authorized by a majority of the members present and voting at any annual or special meet- ing of the members . Section 2 . All funds received by the association from any tax sources , and all funds or property donated or granted to the association for the benefit of this fund shall be kept in a Special. Fund on the books of the Secretary and the Treasurer and shall not be disbursed for any purpose except those specifi- cally authorized by law. Section 3 . No disbursement of funds of this association shall be made except by checks drawn by the Treasurer and counter- signed by the President . Except when issued for salaries , pensions and other fixed charges , the exact amount of which has previously 1 been determined and authorized by the board of trustees (or the f1 ' members , in case of disbursements from the General Fund) no check shall be issued until the claim to which it relates has been approved by the board of trustees . Section 4. All money belonging to this association shall be deposited to the credit of this association in such banks , trust companies , savings and loan associations or other depositories as the board of trustees may designate . ARTICLE VI APPLICATION FOR BENEFITS Section 1 . All applications for relief or pension benefits shall be made in writing on forms furnished by the Secretary. Section 2 . All applications for disability benefits shall be submitted to the board of trustees at a regular or special meeting of the board . The application shall be accompanied by a certificate from the attending physician or surgeon setting forth the nature of the illness or injury , the cause and dura- tion thereof , the length of time the applicant has been unable to perform any of the duties connected with his regular occupa- tion and those of a firefighter, and an estimate of the time at which the applicant will be able to return to his regular occupa- tion and to perform the duties of a firefighter. Section 3 . All applications for pensions shall be submitted to the board of trustees at a regular or special meeting of the board . Applications shall be verified by an oath of the applicant and shall state the age of the applicant , the period (or periods) of service in and the date of retirement from active duty in the Shakopee Fire Department , the length of time he has been a member of the association, and such other information as the board of trustees may require . Section 4. No benefits or pensions shall be paid until the application therefor has been approved by a majority vote of the board of trustees . Decisions of the board shall be final as to the payment of such benefits or pensions . No other benefits shall be paid to or on behalf of any member who has received a service pension . Section 5 . For purposes of computing benefits or pensions payable under Articles VII and VIII , a "year of service" shall be defined as a period of 12 full months of active duty in the Shakopee Fire Department , beginning on the date when the member became an active firefighter in said Fire Department . If a member ' s period of active service has not been continuous , parts of years may be added together to compute full years . ARTICLE VII DISABILITY BENEFI'T'S Section 1 . If a member of this association shall become totally and permanently disabled , to the extent that a physician or surgeon acceptable to the board of trustees shall certify that such disability will permanently prevent said member from per- forming his duties in the Shakopee Fire Department , the associa- tion shall pay to such member the sum of $1 ,000.00 for each year that he served as an active member of the Shakopee Fire Department . If a member who has received such a disability pension should sub- sequently recover and return to active duty in the Shakopee Fire Department , any amount paid to him as a disability pension shall be deducted from his service pension . ARTICLE VIII DEATH BENEFITS AND PENSIONS Section 1 . Upon the death of any member of the association who is in good standing at the time of his death , the association shall pay to the surviving spouse , if any , and if there is no surviving spouse , to surviving child or children , if any , and if no child or children survive , to the estate of such deceased member , the sum of $1 ,000.00 for each year that he served as an active member of the Shakopee Fire Department . Section 2 . The association shall pay to each member who shall have served as an active firefighter in the Shakopee Fire Department for a period of 20 years or more prior to his resigna- tion from said Fire Department , and who has reached the age of 50 years or more , and who has been a member of the association for at least 10 years , the sum of $1 ,000.00 for each year that he served as an active member of said Fire Department . Section 3 . A member of the association who shall have served in the Shakopee Fire Department for at least 20 years , but has not reached the age of 50 years may retire from said Fire Department and be placed on the deferred pension roll . When he reaches the age of 50 years , and provided that at that time he has been a member of the association for at least 10 years , upon application therefor he shall be paid the sum of $1 ,000.00 for each year that he served as an active firefighter in the Shakopee Fire Department . During the time that a member is on the deferred pension roll , he shall continue to pay his dues , and he will not be eligible to receive any of the benefits provided for in Article VII . Section 4 . During the time that a member is on the deferred pension roll , the association shalladd to the amount payable to such member interest , compounded annually , at the rate actually earned on the assests of the Special Fund , but not to exceed 5% per year . Section 5 . No less than 30 days before becoming eligible to receive a lump sum pension , a member of this association may make an irrevocable election that such pension shall be paid to him in a number of annual installments . If the member who has made such an election dies before all of his pension has been paid to him , any amount thereof remaining unpaid at the time of j' � his death shall be paid to his named beneficiary , and if no bene- ficiary has been named , to his surviving spouse , child or children, or estate . The association shall add interest , compounded annually, at the rate actually earned on the assets of the Special Fund, but not to exceed 5% per year, to the unpaid amount of installments owed to any member who has made an installment election, or to his survivors . Section 6. If a member shall have served for more than 10 years , but less than 20 years , as an active firefighter in the Shakopee Fire Department , he may retire from said Fire Department and be placed on the early vested pension roll . When he reaches the age of 50 years , and provided that at that time he has been a member of the association for at least 10 years , he shall upon application therefor , be paid in the following manner : (a) For active duty of more than 10 years , but less than 11 years , 60% of the amount per year of service which would have been earned , had the member served for 20 years or more ; (b) For active duty of more than 11 years , but less than 20 years , 4% of the amount per year of service which would have been earned , had the member served for 20 years or more , shall be added to all years of service for each additional year of service between 11 and 20 years . (c) During the time that any member is on the early vested pension roll , he shall continue to pay his dues , and he will not be eligible to receive any of the benefits provided for in Article VII . Pensions payable to members on the early vested pension roll shall be based on the amount payable per year of service in effect at the time of such early retirement . ARTICLE IX AMENDMENTS Section 1 . The bylaws of this association may be amended at any regular or special meeting of the association by a favor- able vote of 2/3 of the members present and voting , provided that a quorum is present ; and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or specialmeeting not more than 31 days next preceeding the date upon which such amendment or amendments are to be acted upon , and that a notice be mailed to each member at his last known address not less than 10 days prior to such meet- ing; and provided further, that if such amendment or amendments shall change the amount of benefits or pensions , approval of the City Council of Shakopee must be obtained before such change may take effect . I'a 1.e, 1. The i97`? BY-LAYS are Revised by the 19,30 BY-LAWS - April 21 , 1980 )fa BY-T.AI"S ''F THE SHAKCPEE F1 ' ' EP.4 TM''NT L"'LIEF ASSOCIATION ARTICLE I iLET tC' - - 1 S- tion 1. me and Title. The nay e and title of this associ, on f i0,)- shall e "The Shakopee Fire Department relief Association" . a2TiCkt.3 Section 2. Location. The place and location of this a : ociation OF shall be the i,.' y of Shakopee, in the County of t, in the rJC0121 gPON • State of 'linonseta. Section 3. reneral Pu • •ose and Operation he general purpose of the said ecsoci.ation shall e to of fo : relief to such of its active nembeer res way become rpt injured, or di snbl ed end to pay pension t e• long service. The plan of Beer. ting by : iich said piss_ ietion shall seek to F accomplish there sur• ses shall be as femme, : Fy means of dues, assessments, fin - , donations, and such npprop. ' ations or t payments as r y be made by the State of innesota o he City of Shakopee ud the funds thus received may be expended for eny urpose auth. izec pursuant to and in conformity of the Shakopee Fir -partment Relief Association. 4_v;srSection 4. h;embership. Only persons who are members of the ). -:-V../ - rhakopee Fire eepartment of said City shall be eligible for member- ship. Applicant must serve one year apprenticeship on the 4 oL Cr- :''lakopee Fire Department before he is eligible for membership Qi 1C!- I on the Shakopee Fire Department ' clef Association. Application for membership may be at any regular or special meeting of the Association or of its Board of Trustees, and then laid over for one month for consideration; at which time, a meeting of the Association will be held for the purpose of conducting an election. If at l.e 'st two-thirds of the members present at such meeting vote for election of the applicant, e shall be declared a member of the ..,soci,e tion. C=v1SED Section 5. ()lies. The dues of the said ,snoci.ation shall be one /:TltLa i dollar and fifty cents ($1.50) semi-annually. January and July, LT ,i.ON5 paid to the secretary of said 1.ssociation. Pny member refusing to 'f 01- rj pay such dues within 30 days ••r failing to account for any money belonging to said Association. that may come into his hands shall be expelled from said .Isr.ociatiion and shall not draw any such benefits. Page, 2. Q/ RFVISED - 1 Section 6. Resignation and Expulsion. esignation• from t�TIC-1-E 1 the Shakopee Fire Department or moving from t►h-e vicinity-of Shakopee SEc"(1c03 to take up residence elsewhere shall terminate the membership of the member so resigning, expelled or moving; provided, however, that any member of the Association who has served at lea t—w-enty-- t-20)- years as an active member of the Shakopee 1j_re Department shall retain his membership in the Association regardless of resignation or removal, subject to payment of dues and such other regulations which may be from time to time imposed. Section 7. Membership After Retirement. Any member who retires from BELE TE.b the Shakopee Volunteer Fire Department after having served at least twenty (20) years shall be relieved from his obligation of paying dues but shall remain a member of said Association. However, once retiring from said Fire Department, a member shall not be eligible for disability relief from this Association. ARTICLE II ?G V TS C D Section 1. Board of Trustees. The Board of Trustees shall be RTIC E id composed of Six directors, a President, Vice-President, Secretary, i,cT Tb4, Treasurer, and 2 General Trustees. All six shall be elected by the membership of the Association at the January meeting and they should hold their respective offices for the term of three(3) years. Section 2. Ex-Officio Members of the Board of Trustees. Shall consist of 3 members; The Chief of the Shakopee Fire Department, The Mayor of the City of Shakopee, and the Trcac er of the City of Shakopee. VIS ED fiction 3. Board Members. At the first election following the T'sC1-ETr adoption of these amendments, the two general trustees shall be ��=ciicr� 1 elected for term of one year; The Vice-President And the Secretary of shall be elected for two years; and the President and Treasurer shall be elected for terms of three years. Thereafter, as their respective terms of office expire, two officers or general trustees shall be elected for three year terms of office at each annual meeting. If a vacancy occurs curing the term of office of any officer or general trustee, the remaining members of the board of -trustees shall elect a member of the Association to serve the unexpired term of the vacated position. Page, 3. C✓ R cr: Section 4. Powers of the Board of Trustees. It shall be the duty of the Board of Trustees to prepare modes and plans for the safe and -1r;-r-rc4_F1L profitable investments of the unappropriated funds of the Association, ,`Ta_oi.1 and ,whenever loans or investments are made , to investigate and pass upon the securities offered and to attend to the Moin and execution of the necessary papers. The Board shall audit the books and accounts of the Secretary and Treasurer annually, and shall submit a written report of the same to the Association at the annual meeting. ‘EVISED Section 5. Investments. The investments of the funds of the Association kIT ICLELL shall be in the exclusive control of the Hoard of Trustees and a >Eciiok)5 two-thirds majority vote of the membership; in conformance with Cj State Statutes and subject to the approval of the city Council of Shakopee. ARTICLE III )�VISE O Section 1. Duties of President. It shall be the duty of the President RTzci_eTT to attend and preside at all meetings of the Association and of the ,EcTic.14 Board of Trustees. me shall enforce the due observance of the Articles of Incorporation and the By Laws, and see that the officers properly perform the duties assigned to them. Iie shall sign all checks issued by the Treasurer and all other papers requiring his signature. He shall be a member of all committees except the Aid Committee and hall. exercise careful supervision over the affairs of the Association. Section 2. Duties of Vice-President. It shall be the duty of the � Y1AE Vice-President to perform the duties of the President in his absence. In the absence of both the President and Vice President, it shall be the duty of the Association to elect a President Pro Tem, who shall perform the duties incident to the office. —lection 3. Duties of Secretary. It shall he the duty of the Secretary to keep a true and accurate record of the proceedings of all meetings 'TicLes 3 of the Association and the Board of Trustees. He shall keep a correct il�tto record of all amendments, alterations and additions to the Articles oR of Incorporation, ify Laws „—e-f- Bu nn-s-s-i_n a seperate book from the minute books of the Association. He shall cause due notice of all special meetings of the Association and of the Board of Truetees to be given. He shall receive all monies due the Association and pay the same over to the Treasurer, taking a receipt for the same. Page, 4• (1/ �Ev�Sc Failing to do so he may be impeached and expelled from the Association. �\ ---THe shall keep a roll of membership, with the da.te�`joining, resignation, f2 T L.i-t � _ ..Sl.l..�1 c� ....0-L rc;_i ,v,�1 discharge,. dues and assessments paidf',relief or pensions furnished. F_'elle W His books shall at all times open to the inspection er.; tiu..eb the Board of Trus 's. •H Prior , entering upon the duties of his office, clgive a Bond in the su-m._.o1__162400 and with such sureties as may be required and approved by the Board of Trustees; conditioned upon the faithful discharge of his trusts and the full performance of the duties of his office. Such Bond will be paid for from the funds of the Special Fund of the Association,_ He shall sign all orders for 1;.-) payment issued to the Treasurer) The Secretary shall receive such salary as may be fixed from time to time by the Hoard of Trustees, subject to the approval of the Association membership and payable from the Special Fund of the Association. Section IV. Duties of Treasurer.It shall be the duty of the Treasurer `G.SED ftiw75 _ to receive from the Secretary all monica belonging to the Association and hold them subject to the order of the President and countersigned ) ft ` Icc.,t-[ by the Secretary. He shall keep separate and distinct accounts of the General and Special Funds, and shall prepare and present to the Board of Trustees a full and deta' le�d�� ttement of the assets and liabilities of each fund rior to the annual meeting of the Association.Failing in his obligations, he maybe impeached and expelled from the Association. He shall deliver to his successor in to office, orikany committee appointed by the BQ.ard of Trustees to receive the same, all monies, books, papers, pertaining to his office immediately upon the expiration of his term of office. i•i-e—shall".;- prior to entering upon the duties of his office,f,give a bond in .tire yu.c sus—_o—f °_'999- and with such sureties as may be required and approved by the Board of Trustees; conditioned upon the faithful discharge of his trust and the faithful performance of the duties of his office. Such Bond will be paid for from the Special Fund of the Association. He shall receive such salary as may be fiyed from time to time by the Board of Trustees; subject to approval of the Association membership, and payable from the Special Fund of the Association. Page,5. )1 Ctr • Section V. Duties of the Aid Commitee. There shall be an Aid Committee �GUISC(� Composed of the Vice-President and two other members of the Association, 42TiCcfB who may or may not be members of the Board of Trustees, appointed by SECT-icN 5 the President., The,, Vee President shall j v' be the c airman of ,sthis o-ti i:rk►r r Cj.r roz-ll iciuL14 d e'er : ,642 committee. g.s a be to —tet as istance_4-e•- rendered to each sick or disabled member, and to the survivors of any deceased member. Ev tSc=D Section VI. Misconduct. No officer of this Association may be removed, ARTicLEi or any member there of expelled except by two-thirds vote of all the j�cT1ct 3 members present and voting at any meeting of the said Association, called for the purpose of taking action upon the matter, but no officer shall be removed nor any members expelled, except for misconduct as a member or officer of said Association, and such member or officer shall be notified by the Secretary of any accusation against him and given a chance to appear before a meeting of the Association and put in his defense to the same. ARTICLE IV \i�V ISEP Section I. Semi-Annual Meeting. The semi-annual meeting of this fARTiceL-E Association shall be held at the Shakopee Fire Station in the months ->ecTION ( of January and July each year. Immediately after the Fire Department meeting. Forty percent (40%) of the members of the Association shall constitute a quorum at any meeting. Section 2. Meeting. The annual meeting of the Association, for election of Officers and Trustees, and other business, shall be held during the January meeting of each year. V D Section . Board of Trustees. 1ZTLcL-C .L' The Board of Trustees shall meet four (4) times during the year.= 1 c 1 on, 3 a�2 <.T Section A. Special Meeting. Special meeting of the Association -aft& the ;�v:iSrD Board of Trustees may be called by the President, or two members of 12TICt.a. IV the Board of Trustees, and shall also be called upon written request L'N 3 of six or more members of the Association. P;embers or-4erd—o-f Trustees shall be notified by the Secretary of such special meetings, and the object of the meeting shall be stated in such notice. Page,6. c_. ,, Section ' . Quorums. A majority of the Board of Trustees then in office, ���Tlc�C1Z� and forty percent (40%) of the members of the Association shall SEcTTON constitute quorums for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting toa future time, which the Secretary shall make known to the affected members. ection 6. Order of Business. All meeting shall be conducted according �V�Sc=h to Roberts Rules of Order, as revised. r<Tu�F L 1. Call to order- S�xtTvti�d7 2. Readingof the'minutes of previous meeting. 3. Treasurer' s Report. 4. Reading of reports ana minutes of board meetings. 5. Propositions for membership. 6. Reports of special committees. ?.Balloting for members. 8. Unfinished business. 9. Election of Trustees, (Annual Meeting) 10. Miscellaneous business. 11. Roll call. -------- ARTICLE V e Section 1. Membership. Any person becoming a regular member of the Cvk,a2FD Shakopee Fire Department shall be eligible to become a member of this N ARTTc&.L Association. The manner of election to membership shall be by receiving two thirds vote of the members present, and upon payment of $3.00 membership fee and the dues provided in the By Laws. Such membership shall commence upon his election. All applications shall be made to and approved by the Association. Section 2. Dues. Each member shall pay to the Association annual dues of $3.00 payable on or before January of each year. Section 3. Failure of paying dues. Any member of the Association who fails to pay his dues to the Association within thirty (30) days of the time when such payment was due, stands suspended from membership and forfeits all rights and benefits thereunder by such non-payment without any action by the Association, or by any officer thereof. Section 4. Penalty of Fraud. Any member who shall , in the opinion of a majority of the Board of Trustees, fraudulently claim benefits, from,. or defraud or attempt to defraud the Association in any way, shall be suspended from membership by the Board and he shall forfeit all further ' rights and benefits from the Association. Page,7. 6L/ Section 5. Fines. Any members of said Association who shall be dis- charged or resign from the Fire Department shall be dropped from the roll call of said membership of the Association and forfeit all claims. • Members must attend (1) meeting per year or be subject to a fine of $2.00 • Section 6. reinstatement into the Association. Any suspended member can only be reinstated upon his application thereof in writing, presented at a regular or special meeting of the Association, accompanied by a sum of money equal to what he would have been required to pay to the Association during the period of suspension, had he not been suspended; plus a reinstatement fee of 33.00 upon the favorable vote of two-thirds of the members present and voting at such meeting. If the application for reinstatement is rejected the money accompanying the same shall be ,/ 'returned to the applicant. T1s,_ Section 7. Monies of Special Fund. No money or funds of the Special ,� `IcLs_V Fund of the Association shall be disbursed except for those purposes specifically authorized by State Statues. Section 8. Monies of General Fund. No funds or monies of the General • Fund of this Association shall be disbursed for any purpose not herein provided for, unless authorized by the favorable vote of two-thirds of the members present at a regular or special meeting of the Association. Section 9. Amending Uy Laws. All reports and resolutions shall be • submitted in writingand no report from a committee shall be accepted unless it be the report of a majority of a committee; provided however that a minority shall always be permitted to present its views in writing. • ARTICLE VI \, • • Section 1. General and Special Fund. The property and money of the -V ) Association shall be divided into two(2) sepe.rete and distinct funds; ;c., k one, the general Fund to which shall be credited all monies received from membership dues and fees •and donations now due or hereafter to become due, and all interest or dividends on monies loaned or invested due or maturing from the fund. Disbursements from the General Fund may be made as authorized by a vote of two-thirds of the members at any meeting, provided a quorum is present. The second fund shall be known as the Special Fund, and shall consist of and include all monies received from the State of Minnesota, from the City of Shakopee, and 1 ' • Page,8. I I (,L/ also any other money placed therein by resolution of the Association, - provided that all interest and dividends on money loaned or invested from this fund shall br.>, added to and become part of the same fund. • All benefits to members or survivors of members and all operating expenses of the Association shall be paid from the Special Fund. ____ D Section ' Disbursements of Fund. No disbursements of funds of the ( t - Association shall be made by checks drawn by the Treasurer and counter- - 3 signed by the President; except when issued for salaries, pensions and other fixed charges, the exact amount of which han previously beep � �L'1 CL n.. •.U�y L+, :�.1.. �/; - - I.eb3. 1-^C ti w 1(J •, w✓_ determined by the Board of 'T'rusteeshand—the_members.-- No check shall be issued until the claim to which it relates has been approved by the Board of Trustees. U7 SE, Section 5.;.`f ')eposits. All money belonging to this Association shall be ki/77.c4-E-At deposited to the credits of the Association in such banks, trust __ 44,�cye�-� c -- ?�a^ to <c< Li-, SGL ` i0�� companiestor� other depositories as the Board of Trustees may designate. • -- ARTICLEiI,I (0 ?7I_c<--a V Section 1. (Application for t.elief. All applic.ntions for relief or ?4,N1-� f•�- pension benefits shall be made in writing on forms furnished by the S retary. Section 2. (Application for Disability. All applications for disability ;r1w.a.- benefits shall be submitted to the Board of Trustees at a regular or special meeting of the Board. The application shall be accompanied by a certificate from the attending Physician or Surgeon setting forth the nature of the illness or injury, the cause and duration therefor„ and the length of time .the applicant has been unable to perform his duties as a fire fighter. 'tth-e-Di-sabiiity or---sick -benefits applicable 'linty-3f cau-sed in the-performance of a duty as fireman. Section 3. Disability 1 re-fi_ ,s,,_ Appl.ic; tions for disability shall be c made by or on behal thplicant withi .1 days after the disability . nences and no disability benefits shall be pal. or a per covering more than ten(10) days,_before the application is made. `3 .0 5E D tion. < Application for Pension, All applications for pensions - shall be submitted to the board of Trustees at a regular or special meeting of the Board. Applications shall be verified by an oathho/_`t e ,> <71 shall state theage of the applicant, the periods of ser ice applicant and 1p in and the date of retirement from the Shakopee Fire Department, the v� Page,9. i j a/ length of time he has been a member of the Association and such'� other information as the Board of Trustees may wire. Section. pprovai of Benefit and rension�s: No benefits or pensions ,,e:375.LL..a5shall be paid until the application therefor has been approved by a uN majority vote of the rsoard of Trustees. Decisions of the,_Board shall be final as to the payment of such benefits or pensions/ No person ' receiving a pension shall be paid any other benefits by this Association. ARTICLE ESII1--• GI i T • }}-- Q� Sectio sick and Disabled. Each member of the Association, • 1,�2z�u.� except those on • - ferred pension roll, who is sick or disabled to the extent that he is unable erforrr[ the duties of his employment and who is under the care of - ysici for a period of ten (10) consecutive days 01. more shall be entitled to benefit of $20.00 per day commencing ' h the first day of such sicknes r disability, but the total o such benefits paid to any one member shal of exceed $3500.00 9 ny one calendar year (26 weeks) . Disability or si benefits applicable only if caused in the performance of a duty as fireman. - - ZS E SectionPermanently Disabled. If a member of this Association shall 777777717 become totally and permanently disabled to the extent that a Physician or Surgeon acceptable to the Board of Trustees shall certify that such disability viill permanently prevent said member from performing his duties in the Shakopee ire Department, the Association shall pay to such member . -- - - ,:ed--rr- bic1 e ix - Section 2Ifor each year that he has served as an active member of said Fire Department. If a member who has received such a disability pension should subsequently , recover and return to active duty in the Shakopee Fire Department, : any amount paid to him as a disability pension shall be deducted from his i etirement pension. ARTICLE- I X .S ^Z� Section 1. C_Death, Benefits and Pensions.- Upon the death of any member of �._ (,� � i „T; U the said Association who is in good standing at the time of his death, �I I the Association shall pay to the surviving spouse, if any, and if no surviving spouse, to the surviving child or children, if any, and if no child or children survive, to the estate of the deceased member ass • Page,10. iruiw. vv'y— pTesz=-Led in Ar-tiel_e IX-----Section-- for each ear that he served as an active member of the Shakopee Fire Department. • 1 1_. Pension. ,-The Association shall pay to each member who shall .1.‘1E-1/:4-5&e) Section 2. �� have served aeil in thbhakopee Fire Department for a period of twenty (20) years or more prior to his resignation from said Fire • Department, who has reached the age of fifty ( 50) years or more, and who has been a member of the Association for at least ten (10) years, the sum of .*6 for each year that he has served as an active member of said Fire Department. These payments to increase increments of $40I ac year for years- 1979 - $540, 1980 - 580, 1981 - x,6620 �l•82 - $660, and 1983 - $700. Ea-9-2-z)') Section 3. Deferred Pension roll.If a member of this Association shall have served in the Shakopee Fire Depattment for at least twenty (20) years, but has not reached the age of fifty (50) years, he may retire from said Fire Department and be placed on the deferred pension roll; when he reache4 the age of fifty(50) years, and provided that at that time he has been a em r o pe Associption for pt least ten (10) `.� ``rte cyf Ltl Z� ' _4-c�-�. c years, he stall `b paid-as prcocribod -Art' . for /T ' each year that he served as an active em. zL of said Fire Department. During the timethat a member is on the deferred pension roll, the yr""�►+� � - Association shall add to the amount payable to such member interest, .n �J compounded annually,at the rate actually earned on the assets of the ] Special Fund, but not to exceed 5% per year.JSuch member shall be paid, when he become eligible to receive his pension, the amount which was payable at the time when he was placed on the deferred pension roll, with added . terest. During the time any member is on the deferred pension roll, he shall continue to pay his dues, and he will not be eligible to receive any of the benefits provided for in Article VIII. + ection 4. Lump Sum Pension. Any member of this Association who is eligible to receivea lump sum pension may make an irrevocalbe election "-) that such pension shall be � paid to him in two, or three annual installments if he so chooses. If the member who has made such an election dies before all of his pension has been paid to him, any amount thereof remaining unpaid at the time of his death shall be paid to his spouse, child or children or estate. The Association shall add interest, compounded annually, at the rate actually earned on the assets of the Special Fund, but not to exceed 5/ per year, to the unpaid amount of installments owed to any member who has made an installment election, or to his survivors. Page,11. Y G / 1 ARTICLE ) / Section 1. The By Laws of this Association Hay be amended at any / regular or special meeting thereof by a favorable vote of two-thirds of the. membership provided that a quorum is present, and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more than 31 ( thirty-one) days next preceding that upon which such amendment or amendments are acted upon, and that a notice be mailed to each member at his last known address not less than ten (10) days prior to such meeting; and provided further, that if such amendment or amendments shall change the amount of benefits or pensions, approval of the City Council of Shakopee must be obtained before such change may take effect. Section 2. This constitution and By Laws shall, supercede all previous constitution and By Laws amd amendments thereof of this Association and shall be effective as of April 21 , 1980 • SCHEDULE I i( COMPUTATION OF BENEFIT LIABILITY OF RELIEF ASSOCIATION SPECIAL FUND (at ? /,00o r yr of service) FOR ALL MEMBERS BASED ON THEIR YEARS OF SERVICE AS ACTIVE FIRE DEPT. '1EMBERS 1 2 3 4 5 6 7 F.D. TO END OF THIS YEAR TO END OF NEXT YEAR ENTRY YRS ACT ACCRUED YRS ACT ACCRUED NAME AGE DATE SERVICE LIABILITY SERVICE LIABILITY 1 /1/n)c, /IAy Li All 3-s7 I 2..5" 2.-„<",cam. 2-Co Lam, 000 7 eirGl !, . p'"oae, ;Ka to s8 2,3 2_1. ood _ 2.-al 2N ovv 3 /4c Goua,-NL Leo -.5-Li -57-58 I 2,14 2'-/ 0c,c.? Z S 16 o0 0 4 lees TjtiN q 3 //-sit I 2-1- 22 vv o 2-3 23 000 I 6 6 rj,'s L5-e-rAlc: Lig I-I-Co0 2,2 22 0° 0 2-3 2-3 c-Jo0 �r l'°/dr,", r.) —Cs /� (y q ^ v D 2 D O 2 Z f I 1 OvO 7 Fo.s l,:d / AA/ 5 o c-(4 s- I i g /Co olio l o! i , . ,-/y 0 P Fr�'Gd .�; X47 '/i( ..3-/e- )7 / s loon lg /(o .98V 9 r3reec A^4o 6e.orj.. 39 /o-(o(o /. ) z owo .� /(o /I/ 2$0 10 A+'d...i Fr_A,'X 3(o /- !a8 )+1 // kyo lS /3 0'10 11 ENl2d. 4 &l11 ?9 4.1-(0. /N 1 ii ayo 5- /3 oNo 12 -1n,cer'so� n ','' .2 7-7o // k skp /2_ 9 Com 13 R'e , Tod ° 2-72. I q Co(o (40 /0 7 (000 1w A1i'es1 -AAr/es .71 to-73 I R j (.B(45 (.00 /0 76200 15 P}6s� c/Jine>�e 33 �-;3 R S7mo 9 (�Co /D 16 - Nel1/. , 0Oi/JA 2-9 /- 7+{ I g - ,D 9 CaCo� o 17 / ,',r/'1, Lr, ,,e, , 37 2_-7,/ 8 9 (O(_c(o 0 19 ,Sie.be,uAle,-,---nr. 3S 3•-2H 8 f ry Co:'o(co 19 Ple,ide,.i, 13,rl :7.-C. 7-7'/ 7 i q 920 g 7-7 can 20 J 4ss/.v er /1re'' 3Li 2--77 S ? ? `/0 CO 2 0 2 1 /l0N 4 t-„ 'i, Soe Jo 3-77 S .3 34'0 (0 i( 1 oo , 7:2 BrBrJs. T+'r.:, ?9 (c- ?7 S _ 3 2/0 c0 '4/ o O 23 L T2,4'e ” r; 2-9 ?-78 .3 / 01o0 ill _ � tao 1 K),P#.1 /l1rlt 2$ 7-75 I 3 , / 500 4 LC000o 25 -I-Ad-1'11.N ,4,r1 e 7-78 I 3 1 900 -i 2.-4-00 4? 26 h'' Ate ,- '. 'c 20 k-7? I 3 / 5o0 4 '2-Co o o ti .t ce_ , / ':'.-X 29 3-75 I , 1 o7o0 N 2C000 28 1MArlj3/ 7-7/J I 2- /2H0 3 / 90 fi ' 1-x0,1 ; 20 1-go 2 /2 `/0 3 / 90 _J,V / Ter,. (a o 0 2- /2-'0 SLedn z/ 54 Z-, / I 31 FOX . l_"1 - 'L -81 1 ) (LO o 2 /2.-Al 0 322 Neva MAN e- ' I - — 1 _. (00 0 JJ New MAN _ P f._ I --.�_ (y0 U •-) ' New MfJ 4, g7- - ) C.000 75 -- TOTAL OF DEFERRED PENSIONS, IF ANY , TOTAL OF UNPAID INSTALLMENTS, r. . L 1 v 9 I .J I I ' ..(1, ACCRUED LIABILITY THRU NEXT YR (total , col 7) -- 308' 3 eo B. ACCRUED LIABILITY THRU THIS YR (total , col 5) 2 ? k 3f06 I 3 r ) 2-2R 3Coo C. SUBTRACT L. B FROM L. A. (normal cost; enter here 9: on L 6 , SCE III)-- 30 X20 Fractional yrs of service must be calculated to nearest full year. Do not enter liability in Col 's 5 or 7 for any person who will receive entire pension during -is year. For installment liability, enter amount which will be payable after end of this year in both col . 5 & col . 7. If interest is to be raid on unpaid pensions , add interest for 1 year in col . 7 A copy of these schedules must be presented to the City Council before Aug. 1 eac;l year. SCHEDULE II �l C2./ PROJECTION OF RELIEF ASSOCIATION SPECIAL FUND ASSETS TO END OF THIS YEAR, (DEC. 31, 19L) ASSETS AT JANUARY 1, 19 i (this year) 1• $ /79 2-2— ANTICIPATED -=ANTICIPATED INCOME TO END OF THIS YEAR a) Minnesota State Aid $ ()xij !__ b) Receipts from local taxes � ,F°2- c) oZc) Interest on investments d) Other income TOTAL OF LINES a-b-c-d 2. $ s3 7r.044 BEGINNING ASSETS PLUS ESTIMATED INCOME FOR THIS YEAR (L 1 + L 2) 3. $ 2-32- s q r ESTIMATED DISBURSEMENTS THROUGH END OF THIS YEAR e) Pensions 3 Hovo _ f) Other benefits g) MSFDA or VFBA dues , if any h) Administrative overhead 2 aoo TOTAL OF LINES e-f g h 4. $ '-I 9 coo PROJECTED ASSETS AT END OF THIS YEAR 12/31/ (L 3 - L 4) 5. $ j E 3 99 L.- CALCULATION CALCULATION OF AVERAGE SPECIAL FUND INCOME PER MEMBER (other than interest or investment income) STATE AID MUNICIPAL SUPPORT 10% OF SURPLUS (if any) Last year i ? !3s i 785 2 years ago ��� is` 9 3 years ago ` BOO TOTALS H8 g72- -!- 2-3 922- + = -2 ? g 1 TOTAL 3 YEAR INCOME $ 72 79,/ 3 = $ Zy 2-e4/ -- 33 (no. of members) = $ 73.E (avc CERTIFICATION OF SPECIAL FUND REQUIREMENTS STATE OF MINNESOTA ss ,19 COUNTY OF , President, , Secretary, and , Treasurer of the Relief Association , eacWfor himself acknowledges and states that the accompanying schedules have been prepared in accordance with the provisions of the Vol - unteer Firefighters ' Relief Association Guidelin€s Act of 1971 , as amended; that the schedules reflect the condition of the Association 's SPECIAL FUND projected to the end of this year; that the schedules are correct and complete to the best of our knowledge, information and belief; that the financial requirements of said SPECIAL FUND for the next year are : DOLLARS ($ ) ; and that the average non-invest- ment income per member of said SPECIAL FUND for the past 3 years was $ (per Minn. Stats CH 424A02, Subd 3.) ,President Acknowledged before me this day of _, 19_ _ ,Secretary , Treasurer -Notary Public My commission expires ,19__ -- • SCHEDULE III ° - COMPUTATION OF FINANCIAL REQUIREMENTS FOR NEXT YEAR /1 a-r COLUMN A COLUMN B COLUMN # 1. ASSETS FROM LINE 5 , SCHEDULE II $ rg3 957` 2. ACCRUED LIABILITY TO END OF THIS YEAR (From L. B, SCH I) - - 3(00 3. a) If L 2 is more than L 1 , subtract L 1 from L 2. DEFICIT - `� .VoS b) If L 1 is more than L 2, subtract L 2 from L 1. SURPLUS - If surplus exists , enter 1O% of surplus amt in col C and go to Line 6. Amortization of deficit (or deficits) incurred prior to end of last year (see note) . Year original amt ret in amt left incurred amount prior years to retire 19 - 1111111111 — r 19 _ 19 4. Total orig deficit x 10% 5. Subtract col (3) total from Line 3 (a) . (if col 3 is equal to or greater than line 3 (a) , no new deficit exists . ) If col 3 is less than line 3 (a) , difference is a NEW DEFICIT. Enter - 9 W 3( Enter 1O% of this New Deficit in Col . B 9 y 3 7 6. Increase from LINE C, SCHEDULE I 30 O2-c) 7. Anticipated expenses NEXT YEAR, (other than pensions, benefits or investments) 2-000 3. Anticipated income NEXT YEAR a) Minnesota State Aid _19_99 3 _ b) 5% interest on amount of Line 1, above __g Zoo, c) Other income (do not include local taxes or investment income) . TOTAL C a-b-c 2-9 15.1- 9. TOTAL, COLUMN B _ 01-is 7 19.TOTAL, COLUMN C 2,cri 0i3 11. IF LINE 9 IS MORE THAN LINE 10, THE DIFFERENCE IS THE AMOUNT OF MUNICIPAL SUPPORT REQUIRED. CERTIFY THIS AMOUNT TO CITY COUNCIL BEFORE AUGUST 1, (bottom part of SCHEDULE II) /z z(AG/ 12. IF LINE 10 IS MORE THAN LINE 9 , NO MUNICIPAL SUPPORT IS REQUIRED. CERTIFY THAT FACT TO COUNCIL BEFORE AUGUST 1. COUNCIL IS PER- MITTED TO PROVIDE FUNDS IN EXCESS OF REQUIREMENT. NOTE. Deficits are generally retired in less than 10 years, because of increase in state aid, turnover gain and earned interest greater than 5%. If desired, the amount in col 2 may be increased so that the total of col 3 is equal to line 3 (a) . If more than one def- icit is being amortized (the law requires each deficit to be retired separately) , adjust col 2 for the oldest deficit first. When col 2 equals col 1 for any deficit, that deficit has been retired and may be removed from the amortization schedule. Whenever a New Deficit appears in Line 5, the original amount of such deficit must be added to the amortization schedule the following year. 4 \ //h MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: 80-11 STH 101 Trunk Watermain Extension DATE: May 15, 1981 Introduction Because the City did not receive 100% waivers from public hearing, a public hearing has been advertised for 8 : 30 p.m. on the proposed 101 watermain project , pursuant to Council direction on April 7 , 1981 . Considerations Council will want to hold the public hearing and determine if they wish to adopt a resolution ordering the project . Bids have been received for the work on the project and Council could also choose to award the contract in order that work may commence. Mr. Price ' s recommendation is attached . SPUC did on April 6 , 1981 adopt Resolution No. 227 , Approving the Construction of a Watermain Along Highway 101 East of Cretex Plat , attached. I spoke with Mr. Van Hout , Utilities Manager, today and he explained that although SPUC would like to see Mr. Price ' s recommendation on awarding a contract , there was no problem with their doing so after Council awards the contract . In other words , there is no real need to delay awarding the contract until after SPUC has an opportunity to meet , should the Council decide to do so Tuesday evening. Council may wish to delay awarding the contract until after an assessment hearing is held , in which case staff could be directed to prepare the appropriate resolution for the May 26 , 1981 Council meeting. Action to be Considered 1 . Adopt Resolution No. 1839, A Resolution Ordering An Improvement - (80-11 STH 101 Trunk Watermain Extension) . 2 . a] Adopt Resolution No. 1840, A Resolution Accepting Bid on 80-11 STH 101 Trunk Watermain Extension, or b] Direct staff to prepare a resolution declaring cost to be assessed and ordering preparation of proposed assessment - and delay awarding the contract . JSC/jms • ( RESOLUTION # 227 A RESOLTION APPROVING THE CONSTRUCTION OF A WATERMAIN ALONG HIGHWAY 101 EAST OF CRETEX PLAT • WHEREAS, certain property owners along Highway 101 have petitioned for extension of City water, and WHEREAS, said property owners have expressed concern over groundwater pollution in the area, and WHEREAS, said watermain will be constructed pursuant to Minnesota State Statutes Chapter 429, and WHEREAS, the plans and specifications for tha project have been prepared by Suburban Engineering. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE PUBLIC UTILITIES COMMISSION THAT: 1. A trunk improvement and lateral watermain extension is hereby ordered as proposed in the reports dated September 2, 1980, and April 1, 1981, which extension shall run from the East line of Cretex Industrial Park 1st. Add'n to the West line of L2,B1, of Hall's 1st. add'n and thence southerly approximately 555 feet. 2. Suburban Engineering is hereby designated as the engineer for the improvements. They shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1980-11 Public Improvement Program. Adopted in regular session of the Shakopee Public Utilities Commission, April 6, 1981. /-e't-ce President: Wallace Bishop ATTEST: Man ger: Lou Van Bout 1..,-El Main Office f/.'571.6066 UBURBAN 6875 Highway No. 65 N. E. NQINEERINO Minneapolis, Minnesota 55432 South Office 890-6510 Clijr1 Civil, Municipal & Environmental Engineering1101 Cliff Road Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 May 14 ,1981 • Ref : S79085 RECEIVED .:.: Honorable Mayor and City Council City of Shakopee MAY 1 4 1981 129 East First Avenue , Shakopee , MN 55379 CITY OF SHAKOPEE Attn: John Anderson, City Administrator Re: T.H. 101 Trunk Watermain Project # 80-11 Dear Council Members : On Tuesday, May 12th, the City received bids for the above referenced watermain project . Sixteen bids were received, the low bid proposal , being submitted by Richard Knutson, Inc . , in the amount of $170 ,643 . 75 . The low bid is $38 ,207 . 00 below the preliminary estimate or about 18% less . A summary of all bids received is included herewith. A complete tabulation of all bids as received is on file at the Utilities Commission and City offices . We have examined the bids and feel that they are in proper order for acceptance . Therefore , it is our recommendation that the contract be awarded to Richard Knutson, Inc . according to their proposal . Respectfully submitted, • y: ` f l4 William E. Price , P.E. SUBURBAN ENGINEERING , INC . WEP/jo cc . Shakopee Public Utilities Commission City Clerk City Engineer enc . Tabulation of Bids Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Surv. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A Paterson, Reg. 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CO 01 � O r r- r I r-• r r- r- r- I r 1 C J l � I RESOLUTION NO. 1839 A RESOLUTION ORDERING AN IMPROVEMENT 80-11 STH 101 TRUNK WATERMAIN EXTENSION WHEREAS, a resolution of the City Council adopted the 7th day of April , 1981 , fixed a date for a Council hearing on the proposed improvement of S.T.H. 101 between the East line of Cretex Industrial Park 1st Addition and the East line of Hall ' s 1st Addition by trunk watermain; and WHEREAS , ten days ' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 19th day of May , 1981 , at which all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS , the Shakopee Public Utilities Commission did on April 6 , 1981 adopt Resolution No. 227 , Approving The Construction Of A Water- main Along Highway 101 East of Cretex Plat . NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA; that a trunk watermain extension is hereby ordered as proposed in the reports dated September 2 , 1980, and April 1 , 1981 , which extension shall run from the East line of Cretex Industrial Park 1st Addition to the West line of L2 , Bi , of Hall ' s 1st Addition and thence southerly approximately 555 feet . Adopted in regular session of the City Council of the City of Shakopee , Minnesota , held this day of , 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney • RESOLUTION NO. 1840 A RESOLUTION ACCEPTING BID ON 1980-11 STH 101 TRUNK WATERMAIN EXTENSION WHEREAS, pursuant to an advertisement for bids for the improvement of S.T.H. 101 between the East line of Cretex Industrial Park 1st Addition and the East line of Hall ' s 1st Addition by trunk watermain, bids were received , opened and tabulated according to law, and the following bids were received complying with the advertisement : Richard Knutson $170,643 . 75 Ideal Enterprises 178 , 116 .45 Arcon Construction 182 , 192 ,20 Brown & Cris 184, 131 . 50 Parrott Construction 185 , 316 . 20 Northdale Construction 185 ,710. 70 Dawson Construction 187 ,578 .80 Encon Utilities 190,878 . 25 Nodland Assoc. 191 ,732 .00 Crossings , Inc. 192 , 344.40 Barbarossa & Sons 194,918.00 G. L. Contracting 198 ,769 . 75 Orfei & Sons 205 ,911 .04 Mueller Pipeliners 207 ,437 .45 Berghorst Plumbing 221 ,991 .05 Bonine Excavating 244,993 . 17 AND WHEREAS , it appears that Richard Knutson, Burnsville , MN is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Richard Knutson, Burnsville , MN, in the name of the City of Shakopee for the improvement of STH 101 Trunk Watermain Extension, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids , except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota , held this say of , 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney C.� MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Procedure for Consideration of Staff Reports by SPUC and City Council DATE: May 13 , 1981 Introduction During the recent review of the Engineering Feasibility Report for the Bluff Avenue Project , Lou VanHout and I were able to clarify certain procedures for handling staff reports . Background The procedures outlined in step 1-3 in the attached memo to SPUC , from Lou, are those City Council uses in reviewing and acting on the staff reports it receives . Step number 4 is the key step in handling reports that will be reviewed both by SPUC and City Council . SPUC voted to accept these procedures at their May 4, 1981 meeting with the intent that after City Council approved the procedures it would be put in resolution form to be adopted by both bodies . Action Requested Approval of the procedures for consideration of staff reports by SPUC and Council directing that said procedures be presented in resolution form at the next regular Council meeting. JKA/jms TO: SPDC FROM: Lou RE: Procedures for consideration of staff reports by SPUC and Council. DATE: 4-30-81 John Anderson and I were meeting on another matter today when I raised the issue of the need for a clear understanding by all of us (City Council, SPDC, City staff, and SPUC staff) of what was expected from the staff when dealing with both bodies. It is impor- tant for all to understand what things will happen so no one is surprised, and it is important to get the more important steps in the procedure down in a written form for future reference. As we talked John wrote down a series of steps. These are listed below. I endorse this sequence and recommend that it be accepted as the standard procedure in considering staff reports and making policy decisions. 1. Staff report (i.e. Engineering report) to list alternatives and/or recommendations. 2. SPUC reviews report and adopts the recommendations or another alternative or otherwise modifies the staff report. 3. Staff report with its recommendations and SPUC recommendations goes to Council. The staff report recommendations are not changed. 4. If Council questions the difference between the staff recommendations and those of SPUC, and if not satisfied with, or clear about, the reasons or thinking behind the SPUC recommendations or modifications, it goes back to SPUC for a joint meeting. Note: 1-4 are the same procedure Council uses with Planning Commission but Council does not go back to Planning Commission if they do not go along with the Planning Commission recommendation, because Planning Commission is advisory. c.c. John Anderson J/1cJ MEMO TO: John K. Anderson City Administrator 7 r FROM: H. R. Spurrier City Engineer ♦' kA RE: Improvement of Bluff Aven.e - Dakota Street to Halo 1st Addition DATE: May 8, 1981 Introduction: The modifications to the above-referenced Feasibility Report are hereto attached for consideration by City Council. Background: The public hearing originally scheduled for April 21, 1981, has been postponed. Therefore, it is necessary to set a date for the public hearing for the above- referenced project. Resolution No. 1830 establishes the date for the public hearing for June 9, 1981. Recommendation: Staff recommends the City Council adopt Resolution No. 1830, A Resolution Establishing The Date For A Public Hearing On Improvement 81-2 (Bluff Avenue Improvements - Dakota Street to Halo 1st Addition) . HRS/j iw Attachment 1 . J , MEMO TO: John Anderson City Administrator FROM: • H. R. Spurrier City Engineer RE: Feasibility Report - Improvement of Bluff Avenue Dakota Street to Halo 1st Addition DATE: May 8, 1981 Introduction: Pursuant to City of Shakopee Resolution No. 1665, City of Shakopee has submitted a Feasibility Report for the Improvement of Bluff Avenue to the Shakopee Public Utility Commission (SPDC) for review. Background: The SPUC review and discussion centered on the adequacy of the system to provide fire flows to existing and proposed development or redevelopment in the study area. The facilities proposed in the Feasibility Report were designed in strict conformance with SPUC Design Criteria. The system proposed in the Feasibility Report had the capacity of delivering the fire flow required by ultimate development in the study area. Pursuant to SPUC review, an element of the proposed system has been deleted; that element consists of a watermain looped between Bluff Avenue and 1st Avenue in Prairie Street. Deletion of the watermain in Prairie Street has the effect of reducing the design fire flow from approximately 1500 gallons per minute to 800 gallons per minute. Staff interpretation of SPUC oversizing policy was incorrect. The revised computation of assessment based on SPUC oversizing policy is attached. Those computations replace the computations of Page 16 and 17 in Appendix A of the Feasibility Report. Pursuant to the preceding adjustments, made by SPUC, revised Tables 1 and 2 on Pages 3 and 4+ of the Feasibility Report are attached. Since the project cost is so close to the estimated increase in property value, a more detailed appraisal is being made. That appraisal will not be finished until after June 9, 1981. The more detailed appraisal may or may not alter the amounts used in the original report. John Anderson May 8, 1981 /i J Bluff Avenue - Feasibility Report Page -2- O Based on recent projects bid by the City, is is possible that the bid cost would be under estimate and under the value in the more detailed appraisal. With an accelerated time line, the project couldbe ordered after bids were received. The cost -to the City would be the cost of preparing Plans and Specifications. That cost is additional staff cost and is estimated to be $4,760.00. The cost is an addition to the Feasibility Study preparation cost. The $4,760.00 in staff cost would represent a revenue shortfall if for any reason the project was not constructed and the amount could not be assessed. Alternatives: There are two general alternatives, stop or proceed. The first alternative is the case where the project is now judged to be not feasible because the estimated cost exceeds the estimated appraised value. This alternative, although technically correct, is judged unacceptable because additional information available after June 9, 1981 could eliminated this impediment. The second alternative has two time lines. One is a routine time line and the other is an accelerated time line. A comparison is shown in the following table: Time Line Date Difference Activity Routine Accelerated (R-A = Weeks) 1. Set Date for Public May 19 May 19 0 Hearing 2. Hold Public Hearing June 9 June 9 0 3. Order Plans & Specs June 16 May 19 4 4. Order Project June 16 June 16 0 5. Approve Plans July 21 June 16 5 Advertise for Bids 6. Receive Bids August 18 July 21 4 Award Contract 7. Issue Notice to Sept. 9 August 12 4 Proceed 8. Substantial Nov. 9 October 12 4 Completion John Anderson May 8, 1981 H 1 Bluff Avenue - Feasibility Report Page -3- l The comparison shows that without complications, both time lines will result in substantial completion in 1981. Note that substantial completion occurs four (1+) weeks earlier with the accelerated time line. The difference in the contract is that weather in October is much more unpredictable than weather in September. The risk of weather may be reflected in bid prices. The risk of proceeding on an accelerated schedule is not judged to be an unacceptable risk. The plans will be needed eventually and the cost could be recouped later. Recommendations Pursuant to the requirements of SPUC, watermain in Prairie Street between Bluff Avenue and 1st Avenue is hereby deleted from the proposed project. SPUC judges the 800 gallons per minute fire flow acceptable. It is my recommendation that the City Council select Alternate No. 2 of the Feasibility Report and order the construction of watermain, as herein modified and sanitary sewer in Bluff Avenue from Dakota Street to the west line of Halo 1st Addition. Further, that the City proceed with the project on an accelerated time line by ordering the work necessary to bid the project prior to holding the public hearing for the project. it ifici HRS/j iw Attachments �. '.:1 _._ 1:=:;�'s5:r.:.tic,t{ "�C. L'2:0 . . Ifs Table 1 Bluff Avenue Project Cost Description Assessed City Total Watermain Construction $ 49,000 $ -0- $ 49,000 Technical Services 12,250 -0- 12,250 Total $ 61,250 $ _0_ $ 61,250 Sanitary Sewer Const . $ 37 , 858 $ -0- $ 37 ,858 Technical Services 9, 462 -0- 9,462 Total $ 47 ,320 $ -0- $ 47,320 Storm Sewer Const . $ 97 ,505 $ 97 ,505 $195,010 Technical Services 24 ,375 14 ,625 39,000 Total $121,880 $112, 130 $234 ,010 i Roadway Construction $ 66, 820 $ -0- $ 66,820 Technical Services 16,700 -0- 16, 700 • Total $ 83 ,520 $ -0- $ 83,520 Total Construction $250,039 $ 97 ,505 $371,698 Technical Services 62,616 14 ,625 83, 162 TOTAL $312,655 $112 , 130 $454 ,860 -3- lib Table 2 Bluff Avenue Project Assessment1 Description Watermain Sanitary Sewer Storm Sewer Roadway Total 4r..",- LL. DT 50 Foot Lot $1,819.95 $1,620.55 $ 409.15 $1,356.80 $5,206.45 2_`Fpot LPAot (asT 2,183.94 1,944.66 490.98 1,628.16 6,247.74 n,,y_r of c2,-..,..,-7- 1,471.00 1,890.00 None None 3,361.00 50 Foot Lot 3,290.95 3,510.55 409.15 1,356.80 8,567.45 6o Foot Lot 3,654.94 3,834.66 490.98 1,628.16 9,608.74 1Assessments are shown for commercial lots. Residential lot assessments are lower. -4- r /Id OVERSIZ1NG COST FOR B-1 Pipe 6" to 8" (940) ( $2 . 00 ) =$1, 880 Gate Valve 6" to 8" ( 2) ( $100 . 00) = 200 Subtotal $2 ,080 10% Construction Contingency 208 Subtotal $2,288 25% Improvement Dist . Costs 572 Oversizing Cost Total $2,860 WATERMA1N TO BE AL;L;KSSED Item Quantity Unit Unit Price Total 1. 6" DIP 70 L. F. $ 16 . 00 $ 1, 120 2 . 8" -iIP 1050 L. F. 19. 00 19, 950 3. Fire Hydrant Assembly 4 Ea. 800. 00 3,200 4 . 6" Gate Valve & Box 4 Ea. 300. 00 1,200 5 . 8" Gate Valve & Box 2 Ea. 400. 00 800 6. Fittings 900 lb. 1. 00 900 7 . Rock Excavation 645 C .Y . 20 . 00 12,900 8. Restoration 1120 L.F. 4 . 00 4,480 Subtotal $44 ,550 10% Construction Contingency 4,450 Subtotal $49,000 25% Improvement District Costs 12,250 Subtotal $61,250 Less Oversizing For B-1 2,860 Assessed Watermain Total $58,390 WATER SERVICES Item Quantity Unit Unit Price Total 1. 3/4" or 1" Copper 40 L. F. $ 10. 00 $ 400 2. 3/4" or 1" Corp . Stop 1 Ea. 30. 00 30 3. 3/4" or 1" Curb Stop & Box 1 Ea. 60. 00 60 4 . Rock Excavation 23 C .Y. 20. 00 460 5 . Restoration 15 L.F. 8 . 00 120 Subtotal $ 1 ,070 10% Construction Contingency 107 Subtotal $ 1 , 177 25% Improvement District Costs 294 Water Service Total $ 1 ,471 -16- ASSESSMENTS Area Charge: $435.00/Acre Trunk Assessment per SPUC Resolution No. 222. R-3 Front Foot Cost = $435'00 (100) = $0.9986/Front Foot 43,560 B-1 Front Foot Cost = $435.00 (150) _ $1.4979/Front Foot 43,560 R-3 Assessment: R-3 Front Foot Cost = Watermain Total (less oversizing) + Area Charge Total Front Feet $58,390 + $0.9986 = $32,7323/Front Foot 1,840 F.F. F.F. R-3 50 Foot Lot $1,636.62 60 Foot Lot 1,963.94 Service Line $1,471.00 B-1 Assessment: B-1 Oversizing Front Foot Cost = Total Oversizing Cost l B-1 Front Feet $2,860.00 = $3.6667/Front Foot 780 F.F. B-1 Front Foot Cost = R-3 Front Foot Cost + Oversizing Cost _ $32.7323 = $3.6667 = $36.3990/Front Foot B-1 50 Foot Lot $1,819.95 60 Foot Lot 2,183.94 Service Line $1,471.00 1Pursuant to SPUC interpretation of SPUC Resolution No. 222, the trunk assessment must be charged to all benefited property. Further, that 780 front feet of land zoned B-1 which benefits from the project must pay the oversizing cost from 6 inches to 8 inches for 1,060 front feet of land zoned R-3. -17- /I cc MINUTES OF THE SIHAKOPEE PUBLIC UTILITIES COMMISSION (Special Session) The Shakopee Public Utilities Commission convened in special session on April 27-, 1981 at 4: 30 PM in the Utilities meeting room. Commissioner Bishop offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Bishop, Nolting and Reinke. Also Superintendant Leaveck, and Manager Van Bout and Ken Adolf of Schoeil & Madsen, Inc. Motion by Reinke, seconded by Nolliny that: the minutes from the April 6, 1981 regular meeting be approved as kept . Motion carried. A communication from City Clerk, Judy Cox, was acknowledged. Ken Adolf presented a bid tabulation for development of Well #5. Motion by Nolting, seconded by Reinke to award the bid for the rehabilitation of Well %3' to E. H. Renner and Sons, Inc. in the amount of $17,988.00. Motion carried. Motion by Nolting, seconded by Reinke to offer Resolution #228 - A Resolution approving an Improvement, Approving plans and specifications, and designating a project Engineer Water Supply No. 6 City of Shakopee Contract No. 81-1 KT. Ayes: Commissioners Bishop, Nolting, Reinke. Nayes: none. Resolution passed. Motion carried. Motion by Reinke, seconded by Nolting to offer Resolution #229 - A Resolution to concur with Shakopee City Council in Water Supply Well No. 6 Contract No. 81-1 KT. Ayes: Commissioners Bishop, Nolting, Reinke. Nayes: none. Resolution passed. Motion carried. An update was given on the status of the Co Rd. 16-83 Watermain Project .and the watertank. The new watermain should be complete in about 2 weeks time. City Administrator John Anderson and City Engineer Bo Spurrier arrived to discuss the BluffAvenue Watermain Project between Dakota and Halo 1st. Addition. The City Engineer presented a memo on the subject. A discussion followed. The City Encjineer stated that a 4-plex building properlyconstructed could be built in"this 'area'withott putting' in a Cross-tie 'from First Avenue to'Bluff 'o11 Prairie. Street, but that a 6-plex would be cost prohibitive without the cross-tie. Specific numbers were: 800 GPM available with the proposed 8 inch main connected at both ends to the existing watermains at the corner of Bluff and Dakota, and at the West line of Halo 1st. Addition. With the addition of the cross-tie between Bluff and 1st. Avenue there would be 1,500 GPM available. It was emphasized that these flows were calculated to be available during maximum water usage on the system. After the discussion the consensus of the Commission was that they would stay with their previous position. The City Engineer was asked if he felt that the construction of a watermain to supply the 800 GPM figure was workable. He stated that it was, as long as the fact that it was 800 GPM was brought out at the public hearing. '['he- consensus of the Commission was that if the City Engineer will certify that 800 GPM will be available, and if development in the area requires no more water than 800 GPM, then this is what they will approve. The City Engineer stated that he will certify the 800 GPM figure. Motion by Reinke, seconded by Nolting to award low bid contract to Westing- house Electric Supply Co. in the amount of. $20,436.84 for specified transformers. Motion carried. Motion by Nolting, seconded by Reinke to award Border States Electric a contract for specified transformers in the amount of $31,332.00. Motion carried. Motion by Nolting, seconded by Reinke to leave it up to the discretion of the Utility manager to buy extra transformers if the company will provide them at the designated price on individual purchase orders. Motion carried. Bill Price and Dan Johnson of Suburban Engineering Co. arrived to discuss the Highway 101 Watermain Project. A discussion followed on the specifics of the job and on the administration of the project by the Utility Commission on the behalf of the City of Shakopee. Bill Price stated that Suburban has a contract with the City of Shakopee and he considers the Utility Commission to be a part of the City and he has no problem with handling any project in the way he is now directed with the Utilities Commission doing the administration. Motion by Reinke, seconded by Nolting that Art Young take the State Health Department class offered. Motion carried. Motion by Nolting, seconded by Reinke to contract with Pfeifer and Schultz for engineering work in the negotiations over the condemnation proceedings. Motion carried. Motion by Reinke, seconded by Nolting that the Manager be instructed to meet , with City Attorney Rod Krass to investigate and further study the hydro-electric feasibility and to progress with the Doe Loan Application up until the point of the actual signing of the loan agreement itself. Motion carried. Motion by Reinke, seconded by Nolting that the meeting be adjourned. ger, Lou Van }tout d' RESOLUTION NO. 1830 A RESOLUTION RECEIVING AN AMENDMENT TO THE REPORT AND ESTABLISHING THE DATE FOR A PUBLIC HEARING ON IMPROVEMENT 81-2 (Bluff Avenue Improvements • Dakota Street To Halo 1st Addition) WHEREAS , pursuant to Resolution No. 1802 adopted January 20, 1981 , Council received a report prepared by Henry R. Spurrier, City Engineer, with reference to the improvements of Bluff Avenue - Dakota Street to Halo 1st Addition, by watermain and sanitary sewer ; and WHEREAS , an amendment to the report was prepared pursuant to a review by Shakopee Public Utility Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The amendment to the report , prepared by Henry R. Spurrier and dated May 8 , 1981 , is hereby received and made a part of the report . 2 . The Council will consider the improvement of Bluff Avenue in Accordance with the report as amended and the assessment of abutting and benefited property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $454,860. 3 . A public hearing shall be held on such proposed improvements on the 9th day of June , 1981 , in the Council Chambers of City Hall at 129 East 1st Avenue, at 7 :45 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 4. The work of this project• is hereby designated as part of the 1981-2 Public Improvement Program . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of , 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1981 . City Attorney P. ( z) MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier City Engineer RE: Bluff Avenue Improvements DATE: May 18, 1981 Attached is Resolution No. 1844, A Resolution Ordering The Prepartion Of Plans And Specifications, Public Improvement Project No. 81-2 (Bluff Avenue Improvements - Dakota Street to Halo 1st Addition) . This should be included as part of the Council packet on the Bluff Avenue Improvements. Recommendation: Council to accept the recommendation of staff and proceed with the improvements of Bluff Avenue - Dakota Street to Halo 1st Addition on the recommended accelerated time line and adopt Resolution No. 184+ to stay in conformance with the recommended accelerated time line. j iw Attachment MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier �� /� City Engineer i , l��►�►� RE: Eastview 1st Addition DATE: May 15, 1981 Introduction The property owner west of Outlot A in Eastview 1st Addition has requested that the City replace natural screening which existed prior to the construction of the detention pond in Eastview 1st Addition. Background The property owner's requested the replacement of the natural cover along the west line of Outlot A. The City would propose to plant Russian Olives along that west line as screening and the estimated cost for installing the plantings is $180.00. This screening would effectively replace the pre-existing screening. It is recommended that the cost of the screening be included in the special improvement district cost for Eastview 1st Addition. There are funds available in the Improvement District Fund to cover the cost of this screening. Recommendation It is the recommendation of the City staff that a change order be prepared to include screening along the west line of Outlot A. HRS/jiw MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier City Engineer RE: Hauer Trail Laterals - Formerly N3 of Section 8-115-22 Laterals DATE: May 12, 1981 Introduction: The Hauer Trail Lateral was ordered by Resolution No. 1586, March 25, 1980, a contract has not been awarded for construction of that project and, therefore, pursuant to the requirements of Minnesota Statutes Chapter 429, the project must be reinitiated. Background: The original Feasibility Report was submitted January 25, 1980, by William E. Price, P.E. , Suburban Engineering. The report is judged to be sufficient and accurate except as revised or updated herein. The revised cost is $163,200. The cost is detailed in the attached estimate. The attached estimate is a revision of the estimate contained in the original report. The alteration includes a 4.6 percent increase in construction cost, as a result of inflationary increases since January 1980 as reported by Engineering News-Record. There is an additional $13,100 included as the estimated cost of right-of-way acquisition. The estimated assessment would be $42.2251 per front foot or $4,644.76 per lot. The City Assessor was asked to report in a preliminary way as to whether the estimated increase in property values would equal or exceed the amount of the assessment. The City Assessor indicated that such a proof would be difficult because of the size of the existing lots. Results from bidding earlier in 1981, indicate that this may well be the best opportunity to bid and construct municipal facilities. Alternatives: There are two generalalternatives; stop or proceed. RESOLUTION NO. 18i A Resolution Ordering The Preparation Of • Plans And Specifications Public Improvement Project No. 81-2 (Bluff Avenue Improvements - Dakota Street to Halo 1st Addition) WHEREAS, pursuant to Resolution No. 1830 adopted by City Council on May 19, 1981, a public hearing will be held on June 9, 1981, at 8:00 PM to consider making the improvement of Bluff Avenue be watermain and sanitary sewer; and WHEREAS, Council has determined that it is more desirable to follow a more accelerated schedule for the project; and WHEREAS, Council must order the preparation of plans and specifications in order to follow a more accelerated schedule for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Henry R. Spurrier, City Engineer, is hereby designated as the engineer for this improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: City Clerk • Approved as to form this day of , 1981. City Attorney • John Anderson May 12, 1981 if ,fi Hauer Laterals Page -2- The first alternative is the case where the project is now judged to be not feasible because the estimated cost exceeds the estimated appraised value of the improvement. This alternative, although technically correct, may not be accurate in view of bidding trends. The second alternative is to set the date fora public hearing to reinitiate the project and authorize advertising for bids and then plan to hold an assessment hearing prior to awarding the contract. In using that accelerated schedule, the time line will be as shown in the following table: Activity Time Line Date 1. Declare Adequacy of Petition Order Feasibility Report Receive Report May 19th Set Public Hearing for Improvements Order Plans and Specifications Approve Plans and Specifications Authorize Advertising for Bids 2. Hold Public Hearing June 9th Order Project 3. Bid Opening June 15th 4. Declare Assessment and Set Assessment Hearing June 16th 5. Hold Assessment Hearing Award Contract July 14th 6. Issue Notice to Proceed August 4th 7. Substantial Completion October 5th Note that, pursuant to this schedule, the Hauer Trail Laterals could be constructed in 1981. The important element in the schedule is holding the assessment hearing prior to awarding the contract. Recommendation: Staff recommends that City Council adopt Resolution No. 1831+, A Resolution Declaring The Adequacy Of A Petition and Ordering the Preparation of Report; Resolution No. 1835, A Resolution Receiving A Report And Calling A Hearing on Improvements; Resolution No. 1836, A Resolution Ordering the Preparation of Plans and Specifications and Resolution No. 1837, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids. Staff recommends that Council direct staff to advertise for bids for June 15, 1981 for the Hauer Trail Laterals. HRS/jiw I hereby certify that this plan, specification, or report Attachments was prepared by me or under my direct supervision and tha I am a •ul Registered Professional Engine r under the !. s , -th€-State of Minnesota. , --4._______( & t Date J— IP. r ke istration No. 13689 NOTICE OF HEARING ON PROPOSED PUBLIC IMPROVEMENT 80-1 NORTH 2 OF SECTION 8-115-22 - HAUER TRAIL LATERALS TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Shakopee , Minnesota will meet in the Council Chambers at City Hall , 129 East 1st Avenue , at 7 : 35 PM on Tuesday, June 9, 1981 to consider the making of the improvements along Hauer Trail in the North one-half of Section 8-115-22 by sanitary sewer lateral , pursuant to Minnesota Statues , Sections 429 .011 to 429 . 111 . The area proposed to be assessed for such improvements is : That part of Section 8-115-22 lying south of County Road 16 , north of the proposed Highway 101 Bypass ; east of the former Chicago, Milwaukee , St . Paul and Pacific Railroad , east of Hauer ' s 1st Addition and West of Jasper Road . A map showing actual parcels to be assessed for the improvement can be seen at City Hall , 129 East 1st Avenue , in the office of the City Clerk. The estimated cost of said improvement is $163 ,200.00. Such persons as desire to be heard with reference to the pro- posed improvement will be heard at this meeting. Dated this 22nd day of May, 1981 . Judith S. Cox City Clerk CITY OF SHAKOPEE y/. . �' ( / -r 1/49 . . +0 \\\\ / , .\\ 4411t:34‘ L �. --- w L . .1WSP .•••••.".••••., . L., I::•• (--)��� 'Ck ..::::•.,%:::::...................::: :::..Y.••••••••••:•••••••••••••::::::::::.••••••••••.:1:::....:::••••............*::••••:..... ..%.,, \, it • • • • • • * • • • • • • . 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',.,\:\ | | | | ` ' - %l TO; JUDY COX FROM; LOU VAN ROUT RE: HAUER'S SEWER LATERAL PROJECT DATE: 5-15!81 To confirm this mornings conversation; The properties along this project are already provided with water service, and we have no plans for other watermain con- struction in this location, So SPUC will have no involvement in this project. 11 RESOLUTION NO. 1834 A Resolution Declaring The Adequacy Of A Petition And Ordering The Preparation Of Report (Sanitary Sewer Laterals in Ni of Section 8 - Hauer Trail Laterals Project No. 80-i) WHEREAS, on November 7, 1979, City Council adopted Resolution No. 1586, a resolution which ordered the construction of a sanitary sewer lateral in the North one-half of Section 8-115-22, which initiated the special improvement district process pursuant to Minnesota Statute Chapter 429; and WHEREAS, a contract for construction of the improvements specified in that report was not awarded within the required year after the ordering of the project, because of delays resulting from condemnation proceedings and; WHEREAS, the City of Shakopee and residents in the area along Hauer's Trail are still desirous that the sanitary sewer laterals be installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that: 1. A certain petition requesting the improvement of the North one-half of Section 8-115-22 by sanitary sewer laterals, filed with the Council on November 7, 1979, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to Henry R. Spurrier, City Engineer, and he is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvements as recommended. 3. The work proposed for this project shall be known as the 1980-1 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981. City Attorney f1 RESOLUTION NO. 1835 .8 A Resolution Receiving A Report And V� Calling A Hearing On Improvement 80-1 (Sanitary Sewer Laterals in N of Section 8 - Hauer Trail Laterals Project No. 80-1) WHEREAS, pursuant to resolution of the City Council adopted a report has been amended by Henry R. Spurrier, City Engineer, with reference to the improvements of the North one-half of Section 8-115-22 by sanitary sewer laterals, and this report was received by the Council on NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of such laterals in accordance with the report and the assessment of abutting and benefited property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $163,200.00. 2. A public hearing shall be held on such proposed improvements on the 9th day of June, 1981 in the Council Chambers at City Hall, 129 East 1st Avenue at 7:35 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. This work shall be known as the 1980-1 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this . • day of , 1981. . . City Attorney Resolution No. 1836 A Resolution Ordering The Preparation Of Plans And Specifications - (Sanitary Sewer Laterals in N-1 of Section 8 - Hauer Trail Laterals Project No. 80-1) WHEREAS, pursuant to Resolution No. 1835 adopted by City Council May 19, 1981, a public hearing will be held on June 9, 1981 at 7:35 PM, to consider making the improvement of the North one-half of Section 8-115-22 by sanitary sewer laterals; and WHEREAS, Council is desirous that bids on the proposed improvement be opened prior to the assessment hearing in order that more accurate costs on the improvement may be available for the hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Henry R. Spurrier is hereby designated as the engineer for this improvement. BE IT FURTHER RESOLVED THAT Suburban Engineering shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this • day of , 1981. City Attorney //c RESOLUTION NO. 1837 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids (Sanitary Sewer Laterals in N of Section 8 - Hauer Trail Laterals Project No. 80-1) WHEREAS, pursuant to Resolution No. 1836 adopted by the Council on May 19, 1981, Suburban Engineering has prepared plans and specifications for the improvement of the North one-half of Section 8-115-22 by sanitary sewer laterals, and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the office of the City Clerk, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertise- ment shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:30 AM on June 15, 1981, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by Council at 8:00 PM on June 16, 1981, or thereafter, in the Council Chambers and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (5) percent of the amount of the bid. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981. City Attorney // PRELIMINARY COST ESTIMATES NORTH HALF SECTION 8 LATERAL SYSTEM LATERAL "B" - ALTERNATE "A" (NORTH AND SOUTH HAUER TRAIL) Quantity Unit Item Unit Price Amount 150 L.F. 8" Pipe 8'-10' deep S 13.50 $ 2,025.00 520 L.F. 8" Pipe 10'-12' deep 15.50 8,060.00 1350 L.F. 8" Pipe 12'-14' deep 18.00 24,300.00 590 L.F. 8" Pipe 14'-16' deep 20.50 12,095.00 280 L.F. 8" Pipe 16'-18' deep 24.00 6,720.00 170 L.F. 8" Pipe 18'-20' deep 28.00 4,760.00 11 Ea. Std. M.H. 1,000.00 11,000.00 1 Ea. Drop M.H. 1,300.00 1,300.00 73 L.F. Extra depth M.H. 75.00 5,475.00 6 L.F. Extra depth drop section 30.00 180.00 38 Ea. 8" Wyes 65.00 2,470.00 455 L.F. 4" Service pipe 10.00 4,550.00 75 L.F. 4" riser pipe 6.00 450.00 2700 L.F. Restoration 6.00 16,200.00 370 L.F. Gravel street restoration 7.00 2,590.00 300 Sq. Yd. Street restoration 6.00 1,800.00 80 L.F. C & G restoration 10.00 800.00 Sub-Total $104,775.00 Contingencies 14.6 percent 15,300.00 Estimated Total Construction Cost $120,075.001 Admin. , Engr. , Fiscal, Legal, Misc. 25% 30,025.00 Sub-Total $150,100.00 Right-of-way Acquisition 13,100.00 Estimated Total $163,200.00 APPENDIX "A" 1Estimate from Feasibility Report prepared by Suburban Engineering, Inc. am MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Urban Corp Work-Study Agreement DATE: May 11 , 1981 Introduction Attached is an agreement with the Urban Corps for work-study students . Background We have had two students contact us regarding employment . One has subsequently accepted a position elsewhere and the other we are waiting for a response. The program is for a ten week period , maximum is $5 .40/hour of which we would be responsible for 30% which would be a cost to us of $648 .00. Should we have someone this year who is interested and had a back- ground fitting our needs , I would ask for your approval to hire them outlining the tasks we would have them working on. Entering this agreement now merely qualifies us to become a part of the program should we decide at some time to take advantage of it and budgeted funds be available . Recommended Action Authorize proper City officials to enter into an agreement for participation in Urban Corps Program between the City of Minneapolis and the City of Shakopee. JKA/jms Twin City Area 2 Urban Corps Room 107B, City HUH, M;nrm m )r)H;, MN 55415, (612) 348-6967 RECEiVED MAY 119P1 CITY OF SHAKOPEE MEMORANDUM To: Program Directors From: Ron J. Guilfoile_� Date: May 6, 1981 Re: 1981-82 College Work-Study Agreement Enclosed are two copies of the Agreement regarding joint participation of your Agency and the Urban Corps in the College Work-Study program. The Agreement is essentially the same as the Agreement used for 1980-81. Student-intern rates of pay have remained the same. Please obtain the appropriate signatures on both copies of the Agreement and return both Agreements to the above ad- dress. The Urban Corps will process/sign both Agreements and return an original to you. By completing the enclosed con- tract card, we can assure that your agreement will be returned to the correct person. If you do have any questions, I can be reached at (612) 298-4376. Thank you for your cooperation and participation in the Urban Corps program. RJG/sl Enc. • Twin City Area Urban Corps—a-creative experience in service learning An equal opportunity, affirmative action employer 1981. - 1982 AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM i ` r BETWEEN CITY OF MINNEAPOLIS AND C1-17 of ShuICopee_ THIS AGREEMENT, entered into this 8 day of MQ , 19 81 , by and between the City of Minneapolis (herein called "Urban Corps") and fht, Ci`1--y elf Si'tq kvozee. (herein called "Agency") . WHEREAS, the above named Agency, a public organization or private non-profit organization, desires to participate in the Twin City Area Urban Corps and in consideration for the assignment of Urban Corps student interns to the Agency, we do hereby agree to the following terms and conditions: 1. The Urban Corps shall have the right to approve or reject requests for student interns submitted by this Agency upon forms provided for that purpose by the Urban Corps. 2. The Agency will accept a student as an intern by completing and signing the Assignment section of the student's Urban Corps application form. 3. The Agency shall utilize such students as may be assigned to it in accor- dance with the specifications set forth in its written request to the Urban Corps, and shall immediately notify the Urban Corps of any change in nature of assign- ment, duties, supervisor or work location. 4. The Agency shall provide such students as may be assigned to it with a safe place to work and with responsible supervision. 5. The Urban Corps shall have the right to inspect the work being performed by such students as may be assigned to the Agency, and shall have the right to interview such students and their supervisors. 6. The Urban Corps shall have the right to require such students as may be assigned to the Agency to attend such general or special meetings, or to appear at the Urban Corps office, individually or as a group, as shall be necessary for the proper functions of the program. 7. In accordance with the requirements of Federal and State law, work per- formed by such students as may be assigned to the Agency shall: a. Be in the public interest; b. Will not result in the displacement of employed workers or impair existing contracts for services; c. Does not involve the construction, operation or maintenance of so much of any facility as is used, or is to be used, for sectarian instruction or as a place of religious worship; and d. Does not involve any partisan or nonpartisan political activity associated with a candidate, or contending faction or group, in an election for public or party office. 8. The Agency shall require such students as may be assigned to it to submit time reports and follow such other procedures as may be established by the Urban Corps. 9. The Urban Corps shall have the right to remove any student assigned to the Agency from said assignment and from the Agency at any time for any reason without prior notice, and the Urban Corps shall not be obligated to replace said student. 10. The Agency shall have the right to remove any student assigned to said Agency at any time with prior notice given to the student and the Urban Corps. 11. The Agency warrants that it is in compliance with the provisions of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 252) , and Minnesota Statutes Section 181.59. 12. The Agency shall indemnify, protect and hold harmless the Urban Corps from all claims, causes or actions which may result from the assignments of students to the Agency subject to the extent authorized in M.S. 1980: Sec. 3.736. 13. The Agency shall obtain at its own expense Workman's Compensation insurance (or shall be self-insured under State Law) for such students as may be assigned to it under this Agreemen:. ity 14. The Agency shall pay to the Urban Corps 30% or other percentage figure as agreed upon by identifying the percentage figure on the student's Urban Corps application form of the gross compensation earned by such students assigned and accepted by the Agency under a Federal or State program. The Urban Corps will bill the Agency, in accordance with bi-weekly payroll periods, for its proper share of the compensation of such students as may have been assigned to the Agency and performed work during said period. Student hourly rates are set forth in Section 13(a) , and 13(b) of this Agreement. a. Hourly compensation for students will be set at $4.10 per hour for entering freshmen through receipt of a Bachelor's Degree, and $5.40 per hour for graduate students or other agreed upon hourly compensation rates not to be below the specified rates in 13(a) . b. A graduate student is defined for purposes of this Agreement as one who has received a B.A. , B.S. , or equivalent degree or is enrolled in the fifth year of a five year program. 14. At the election of the Agency, the Urban Corps shall place students to intern under a Stipend program. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commencement of the internship. The Stipend rate which the Agency shall pay the Urban Corps is $30.00 per week for each week the student works. 15. At the election of the Agency, the Urban Corps shall place interns for whom the Agency will pay the intern's total compensation plus an additional ten percent (10%) for administrative costs. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commence- ment of the internship. Agency rates for said option are set forth in Section • 15(a) and 15(b) , of this Agreement. a. Agency rates for students will be set at $4.51 per hour for entering freshmen through receipt of a Bachelor's Degree, and $5.94 per hour for graduate students or other agreed upon hourly compensation rates not to be below specified rates in 15(a) . b. A graduate student is defined for purposes of this Agreement as one who has received a B.A. , B.S. , or equivalent degree or is enrolled in the fifth year of a five year program. 16. Performance under this contract shall commence on July 1, 1981 and ter- minate on June 30, 1982, unless amended in writing as mutually agreed upon by both the Agency and the Institution; however, either party may terminate upon sixty (60) days written notice. Based upon the statements and affirmations made by the Agency through the above document, the Urban Corps hereby agrees to the assignment of students to said Agency, in accordance with said document and the applicable laws and regulations. CITY OF MINNEAPOLIS AGENCY Cr- y of Sh4 kope-e, Name By Mayor /ZA E. rs f- Ave. • Address ATTEST: • S-11#1 'tepee , Mme, 5 5 3 7 I City State Zipcode City Clerk By Title COUNTERSIGNED: By Title Attest: City Comptroller-Treasurer Approved as to Legality: Assistant City of Minneapolis Attorney !1 . MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Reverse Referendum DATE: May 12, 1981 Introduction: The statutes provide for a referendum or a reverse referendum to increase the levy limit base. The City of Shakopee is eligible to use either unless the legislature acts to change the current criteria. Background: 1. A direct referendum may be used to increase the levy limit either by the per capita base or by a set dollar amount. The notice must state the purpose for the increase, and if a dollar amount is used , then maximum yearly amount. 2. A) A reverse referendum may be used for a base increase of 10%, or more than one increase with a cummulative maximum of 10%. Previous year levy must be 98% of limit (Shakopee 98.8%) and the process must be complete by October 1st. B) Process: The amount must be determined and then pass resolution setting hearing. Notice of hearing must be published for four weeks. Hearing is held and course of action determined. Resolution passed setting action and published. Waiting period of 30 days in effect following publication to wait for petition of 2,000 voters or 5% of votes cast in last general election (whichever is lesser) . If no petition, resolution is final. If petition received, must give notice and hold referendum election. The levy limit base for 1980/81 was $997,780. The census figure was lower than Met Council's population estimate so Shakopee will not have an increase in levy limit base due to population growth but will have an 8% increase. The final result of 1981 tax laws probably will not be known until after the time when the referendum process needs to be initiated. Alternatives: 1. No referendum - stay with 8% increase or whatever develops out of legislature. 2. Direct referendum - sometime this summer. 3. Reverse referendum - direct staff to prepare to initiate process. GV/ljw 1 ` q N � -0=�.O J O ., a U • � O ) O _ -T__ _U _�.` / - n� .-_— IV O_O. 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F'. F'. F'. 9 0• F-' I-' F-' I-' I-' F-' C') rn I-11I-1) F'• 0 D) 0 w 0 D) PO X O 0 0 0 rt 0 ri ri ri PI 11 ri ti ti 11 1 F� I'• F-'. -•• F. F'. I..'. P ti 1 PO cn ro CD (D a) m (D 9 9 9 9 ['xi it 0) 0) `r' `n `n `n 70 N F' F F-' I I I I I irrl 0 0 0 0 0 O '71Oro 0 ''t D) a)P3 a): -h H H H H H H () () f) f) CD (D fD (D COD CDD O t1 fD � CDD CD 0 0 O G 00 O' O r 0 F• fD w N rt t (I) 1-11 ri fi rt cn G a ° a 9 a w °• w H' w 0 p. cc fD 0 m N : F-' : 0 : (D Z P-I rD CD O I-' (7 U) 0 � I-' 0 F' 0 2:i rt I'• fD U) O' In O\ N) W W W I-' 0 ON ON In N 0 0 0 In •LS In lS In W (•) F-' 1/40 10 O F� •(S O\ Ln In W W W W A 0 N) W N W N) N) N N) F-' 0 V A W H • • V V V V V -.4 V s V -I n '-0 'O 10 10 10 10 10 10 10 In In � .P A � A A A F-' 0 10 O v ON In .P• W z 0 C-). 1981-1982 LICENSE RENEWALS Approve application and grant an on/off sale non-intoxicating malt liquor license to: On Off OK James Rein X X 201 W. 1st Avenue OK Margaret Abeln X X 220 W. 2nd Avenue Not Pullman Club, Inc. X Renewing 124 W. 1st Avenue OK Friendly Folks Club, Inc . X 122 E. 1st Avenue Table Shakopee Bowl X 222 E. 1st Avenue Not Stagecoach Players , Inc . X Renewing Jct . 101 & CR 89 Table Dorothy Stocker X 537 South Sommerville OK Raceway Park, Inc. X Highway 101 Table Cleve ' s Red Owl X 828 E. 1st Avenue OK JoAnne A. Pauluk X 409 E. 1st Avenue OK Art Berens & Sons , Inc. X 123 W. 2nd Avenue OK Juba ' s Super Valu X 1100 Minnesota Valley Mall Table Minnesota Valley Restoration X Highway 101 OK Superamerica Stations Inc . X 1155 East First Avenue Table Valleyfair, Inc . X One Valleyfair Drive Table Je She Inc. /dba Mr. Jerry ' s PizzaX X 823 E. 1st Avenue Table Holiday Station Stores , Inc . X 444 E. 1st Avenue OK Pizza Huts of the Northwest X 257 Marschall Road Table Velodrome I X County Road 83 Table Valley Racquetball and Handball X 600 County Road 83 On Off OK Brook Superettes Inc. X Jct . CR 16 & CR 17 Not Country Kitchen International X Renewing OK = Applications are in order Table = Applications are not in order as of 5/15/81 The following applications are in order, except the three • marked table . 1981-1982 LICENSE RENEWALS A. Off Sale Intoxicating Liquor Licenses Approve application and grant an off sale intoxicating liquor license to : 1 ] Family Dining Inc . , 8567 East TH 101 2] Clair ' s Bar , Inc. , 124 South Holmes Street 3] Riverside Liquors , Inc . , 507 East First Avenue 4] Friendly Folks Club, Inc . , 122 East First Avenue 5] XX Corporation and Wittles , Inc . , 1561 East First Avenue Table 6] Dennis P. Bruesehoff & Thomas J . Cox, a partnership, 1104 Mn. Valley Mall Table 7 ] Pullman Club Inc . , 124 West First Avenue B. Club On Sale Intoxicating Liquor Licenses \(� Approve application and grant a club on sale intoxicating liquor license to : 1 ] Knights of Columbus Home Association, Inc. , E 4th Ave and CR-82 2] VFW Post 4046 , 132 East 1st Avenue Table 3] American Legion Club Post No . 2 , 1256 East First Avenue C. Wine Licenses The Country Kitchen restaurant is not renewing their wine license . D] Set-Up Licenses Approve application and grant a permit to only allow consumption & display of intoxicating liquor: 1] Margaret Abeln, 220 West Second Avenue 2 ] K of C Home Association, East 4th Ave & CR-82 3] Jam es Rein, 201 West 1st Avenue I a ou MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for Three On Sale Temporary Beer Licenses DATE: May 14, 1981 Introduction I have received an application from the Shakopee Jaycees for three temporary 3 . 2 beer licenses for June 6 and 7 , June 13 and 14, and June 20 and 21 , 1981 . I am in receipt of a certificate of insurance in the proper amount . Recommended Action Approve the application and grant temporary On Sale 3 . 2 Beer Licenses to Shakopee Jaycees for Tahpah Park Ball Fields for the weekends of June 6 and 7 , June 13 and 14, and June 20 and 21 , 1981 . JSC/jms MEMO TO: Mayor and City Council FROM: Jeanne Andre , Administrative Assistant RE: Public Hearing on Cable Communications Request for Proposals (RFP) DATE: May 14, 1981 Background At its May 6 , 1981 meeting, the Ad Hoc Cable Communications Committee requested the City Council to postpone indefinitely the public hear- ing on the Request for Proposals (RFP) now scheduled for June 9 , 1981 . The hearing will probably occur sometime in July, but the Committee wants to meet again with the consultant before recommending a specific date . Requested Action Postpone indefinitely the public hearing now scheduled for June 9 , 1981 , for review of the Request for Proposals (RFP) for Cable Communi- cations . JA/jms MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: _ Payment of City Assessments DATE: May 12, 1981 Introduction: The City has a number of assessments against City property on it's books. Background: Assessments against City property in recent years have been certified with other parcels and the City has been paying the annual installments. There are, however, older assessments that have been carried on the books from year to year. They are: Code Amount Project Description A. 14 $ 1,516.26 '68-2 Street & Parking B. 14 4,038.22 '68-1 VIP Road C. 21 6,491.97 '67-1 & 2 Street & Parking D. 30 685.72 '73 & '73-1 Street E. 40 5,536.21 '74-1A County Road 17 Alternatives: 1. Internally abate or write off the assessments. 2. Pay the assessments out of P.I.R. 3. Pay the assessments out of General Fund 4. Combination of abatement and payment out of P.I.R. Recommendation: II 4. $5,554.48 (A & B) are already carried as receivables in the P.I.R. fund. Recommend they be abated. Recommend: $ 6,491.98 be paid from P.I.R. to '67 Improvements $ 685.72 be paid from P.I.R. to '73-B Improvements $ 5,536.21 be paid from P.I.R. to '75 Improvements Action: Move to approve abatement of assessments in the amount of $5,554.48 in the P.I.R. fund and to pay from P.I.R. to '67 Improvement Fund $6,491.97,to '73-B Improvement Fund $685.72 and to '75 Improvement Fund $5,536.21 for assessments against City property. GV/ljw Jac( VETERANS OF FOREIGN WARS of the UNITED STATES Office of Post Quartermaster DEPARTMENT OF MINNESOTA SECOND DISTRICT Post 4046 SHAKOPEE, MINNESOTA 55379 May 5,1981 Honorable Walter C. Harbeck Mayor, City of' Shakopee Your Honor: Whemess in the past,it has been the practice of the City of Shakopee to contribute to Shakopee Post 4046, Veterans of Foreign Wars to help defray the expenses of putting on the annual Memorial Day Exercises we are again respectfully approaching you to do likewise again thi year. Thanking. yott most sincerely, in advance,we remain; Respectfully Yours Shakopee. VFW Post 4046 Francis Quinn Post Quartermaster. -0j FIRE SERVICE AGREEMENT THIS AGREEMENT Made and entered into this day of , 19 , by and between the City of Shakopee , a Municipal Corporation in Scott County , Minnesota , and the Township of Jackson , a governmental subdivision in Scott County , Minnesota , lying adjacent to the City of Shakopee . WHEREAS , The said Township deems it advisable to have avail- able for the benefit of the residents of the said Township , ser- vices of the Fire Department of the City of Shakopee , and the electors of said Township have , pursuant to law, provided a fund for the establishment of such service , and WHEREAS , The City of Shakopee has , by appropriate action , authorized its Mayor and its City Administrator to enter into a contract with the said Township of Jackson , for the purpose of furnishing such fire service . NOW , THEREFORE , IT IS MUTUALLY AGREED BY AND BETWEEN THE SAID CITY OF SHAKOPEE AND THE SAID TOWNSHIP OF JACKSON That , for a period of time as thereinafter set out , the Fire Department of the City of Shakopee will answer any and all fire calls for any area within said Township and will respond to such calls , unless otherwise engaged or unless prevented by reasons or causes beyond control of the City and its Fire Department , with suitable fire-fighting apparatus manned by at least three members of the Shakopee Fire Department who will render all assistance possible in the saving and preservation of life and property within said Township during the life of this contract . In consideration of said services , the Township of Jackson agrees to pay a stand-by fee to the City of Shakopee for such services each year during the life of this contract . The stand-by fee for the year starting March 1 , 1981 will. be $ 6 ,955 .00 For subsequent years , the stand-by fee shall be Jackson Township ' s proportionate share of the costs of operating the City of Shakopee ' s Fire Department for that calendar year. Such costs will include the costs included in the City of Shakopee ' s General Fund Budget (less any salaries to to paid for actual fire calls (does not include officers salaries) and less any expenses for motor fuels and lubricants ) and the Debt Service costs related to the Fire Department . The stand-by fee will be determined on the basis of each governmental unit ' s assessed valuation , including mobile homes , before the fiscal disparities distribution and before tax increment adjustments . The assessed valuation of all participating units of government will be determined . The stand- by fee for each unit shall be that unit ' s percentage share times the total costs as described above . For the year starting March 1 , 1981 , the total costs shall be the costs contained in the approved 1981 General Fund Budget for the City of Shakopee and the approved 1980/1981 tax levy for the Fire Department debt service . The -2- assessed value shall be the 1980/1981 assessed value as determined by the Scott County Auditor . The stand-by fee for each year will be adjusted to reflect actual costs of operation for the prior year . Such adjustment to normally be shown on the second install- ment due . For subsequent years , the appropriate budget year, levy and assessed value will be used in determining the stand-by fee . The Township of Jackson willpay the stand-by fee in two equal installments . For the year starting March 1 , 1981 , the payments will be due on September 1 , 1981 and March 1 , 1982 with the March 1st payment being adjusted to reflect actual cost of operation for the City ' s fiscal year ending December 31 . For subsequent years , the payments will be made on September 1st and March 1st of the appropriate years . The stand-by fee for each subsequent year will be determined in January by the City of Shakopee ' s Treasurer and notice of the stand-by feewill be mailed to the Township of Jackson along with a copy of the City ' s Fire Department Budget . As a further and additional consideration the City of Shakopee will bill the owner of record , payable to the Township of Jackson the sum of $185 .00 per hour for each fire call . The Township of — Jackson shall receive a copy of each bill and shall be responsible to remit to the City of Shakopee the amount of the bill . The Township shall be responsible for compensating the City for the total of all such bills received and verified for the calendar year . The hourly fee shall also be the minimum bill and shall be adjusted in subsequent years by the City of Shakopee as fuel costs and salaries change . (False alarms will be charged to the Township at the same minimum and hourly rate , railroad fires will be billed to the railraod and transient car fires will be billed to the owner . ) r ) Furthermore , the Township of Jackson hereby agrees to make a reasonable effort through action in conciliation court to collect and remit to the City all outstanding fire call bills between March 1 , 1978 and December 31 , 1980. A listing of said bills shall be provided the Township by the City . Should the Township fail to collect any such bills after efforts in concilia- tion court it will no longer be responsible for that bill (s) . IT IS MUTUALLY UNDERSTOOD AND AGREED , HOWEVER, Between the parties hereto that at times , weather and road conditions through the various seasons of the year can and will interfere with the rendering of such service , and the Department could also be previously engaged , and in which event failure to furnish the service herein agreed shall not be taken to be a breach of this agreement , nor shall the City be liable on account thereof . IT IS FURTHER AGREED THAT , as a further consideration for this agreement , the Township of Jackson for itself and its inhabitants will defend and hold the City of Shakopee harmless �' -3- /0 .Q/ from any and all claims , actions or causes of action that might or could arise by virtue of the terms of this agreement and any failure , omission or malperformance hereunder . IT IS FURTHER MUTUALLY AGREED , by and between the parties ° hereto that this contract shall continue to be in force and effect unless either party serves the other party with a written notice stating the reason for cancellation six months prior to time the cancellation is to become effective . IN TESTIMONY WHEREOF , The City of Shakopee has caused this instrument to be executed by its Mayor and its Administrator by action of the City Council of the City of Shakopee ; and the Town- ship of Jackson _ has caused this instrument to be executed by authority of its Township Board by its Chairman and its Clerk . In the Presence of : CITY OF SHAKOPEE , A MUNICIPAL CORP . t ' dYef/.- by ., Its ayo� At ‘- -__ .40'44 -.4 .A. b i 'Lvls i it , ts Ad, . i / ator op // (I t�lsv Cler J (SEAL) In the Presence of : TOWNSHIP OF ( 41q_1 (d_IS -LS by /2 ,,„,,z25- /7271e4 �1 ts Chairman f eC6r4-j Irs Cler • ,I 6 >K, )3L To �Li- . 7:. c wCL ,-r, , tom,. ate' -,:,,,,,,j -i- 74.c», 8e41-0-2.4„ �,,dtic , //I2 DeureC-L, 6 .. 17. 11 4,4 imfi.‘6;-,8_, rna el, 4 6 i-r? e& awcie ./--/0-, Toe ., mom- /6', me 1 't eli-74 tett, kl Cfi, ,24u4-iet`i:1.70• kali attialded, et- Co2tta c -kz evedv ,,. arid, G' e .4 MR cel 4C Ci'7id add('b . M2 hmztt Aa- A 4114'4, 'LI dctit, t tile 130!'r Jtmc ,e)e.;i* md ,ice, AI- CQ?ZZ,ac t E2 t 4z<L't ..1J -Yu (iri litZi,' 0- iec e-.mr 4 t4 ht // eVoc&' .,cy i e c x, m e 07a,5- b4/144/-.2- t �� Ice u. pLd di, 1 .e. ett, Ct C4. C'" #3Se1 , tAL et(Ld r'1I 4°r, Il PtiG`G rG �ci'-1.6„. Z ,c C 61,, Aa- 4,e.cerrolte11aled- Mat 14 4 66 ei, d ,dievid 6e, . a czd.. ., & t A alid i'cifs 3, 1 /old S e f fief 3 Ott mar ,AcLC?/ All c? mavilk 'i%ii 1x?itce 14-L, a. a a/4 rna -rrti, yk j/), .e) rriALd' ii-mt/e 6-15 ,e4,(6- et eath- dc-ve kde A •hece,-4-ietrky, a/l. ft6612t- t-"[ 4,, / o • k L.a' V ;ra c d lila a ji&' 6,'2-e# fr 't-e4e, pt cta- uz2e it, #. OO. let 07-, rn44-IGC' d- �i 1. CL6tim,f rz iv ' luf LLQ '.QXC. .e d' ternL'1act a4-neta ix, ir ctic d sC 36c actcn0-14‘41-,:,,,,,e 2C 't (2,7 L Ct i ol . &Ct rl� v c/ia p tLdez A.Ci a'',-,,e, -6, . - g)Ca ce d . adtg e-A a,,, - kA 3:1 sand S 1 EJCQc/,.3 * itne-t7 i'(, pt .ALtbegit me / d4t 4i1; J3� MEMO TO: Mayor and City Council FROM: John Anderson City Administrator RE: Closure of 2nd Avenue to Parking DATE: May 18, 1981 Introduction: The contractor for the 1st National Bank Building, located at 2nd and Holmes, has requested that the west 200 feet of 2nd Avenue, adjacent to the 1st National Bank Building, be closed to parking during construction of the new wing to the bank building so that the sidewalk may be re-routed into the street. The contractor has indicated they would like to start construction May 19, 1981. Background: In the past, the City has authorized the closure of all, or at least part of, streets in order to facilitate construction of buildings. In checking with the Police Department, the Chief of Police sees no reason why the parking cannot be eliminated. The Engineering Department concurs and recommends that the parking be eliminated during construction. Therefore, due to the time frame involved, temporary authorization has been given by me to eliminate parking pending formal action by City Council. Jim O'Neill has indicated that the length of closure due to this construction would be approximately three to four months. Recommendation: Staff recommends that Council authorize the elimination of parking during construction for the west 200 feet of 2nd Avenue adjacent to the 1st National Bank Building. HRS/jiw intrt, CITY OF SHAKOPEE 129 East First Avenue, Shakopee, Minnesota 55379 I, MEMO TO: Board of -Review FROM: Larry D . Martin SUBJECT: 27-089-003-1 4701 Valley Industrial Blvd. S. DATE: May 14 , 1981 INTRODUCTION : The property owner contends that the land value for the 1981 assess- ment is higher than the price recently paid. BACKGROUND : The property in question was valued for the i':481 assessment in the following manner. Land Building Total $80 , 400 $46 ,000 $126, 400 The property owner was under the impression that the $126, 400 total was for the land only. The land was purcha.,ed in December of 1980 for more than the current assessment therefore no change is recom- mended. 1 RECOMMENDATION : No change be made . coc`K'xrr- CITY OF SHAKOPEE OPEE c, • ' 129 East First Avenue, Shakopee, Minnesota 55379 "�IJ)� 6 'trrT. MEMO TO: Board -of Review FROM: Larry D. Martin, City Assessor SUBJECT: 27-919-014-0 (Elmer Marschall/Daniel O 'Connell ) DATE: May 19, 1981 Introduction: The property owners have requested that the grading of this 87. 9 acre tract be reviewed. Background: To crosscheck the grading of this property, the City Assessor has contacted the Scott County Soil Conservation District to receive an estimate of tillable acreage based on soil maps and recent aerial photos. My findings are as follows : 81 Assessment Estimate from S .C .S . Grade C 69 63. 4 Timber or Wooded 4 14. 5 Waste 4 -- Road . 9 -- Lakeshore 10 -- Wet -- 10.0 87. 9 87. 9 Recommendation: To reflect actual breakdown of land, change the land value from $82, 400 to $70, 650. LDM:plk