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06/16/1981
MEMO TO: Mayor and Council FROM: John K. Anderson RE: Non agenda Informational Items DATE: June 10, 1981 1 . We have instituted a formal administrative policy regarding the mailing of Planning Commission and City Council Agendas. We ' ll mail both in advance for $3.00 per month with a lessor amount for someone who wants one or the other. Judy and Jane who handle agendas both felt strongly about the need for a policy of this nature. 2 . The annual report is typed and has been sent to the auditor for review. Council will have it this month. 3. Judy will be gone for 4-5 weeks and Gregg will be at a Conference and on vacation for two weeks. 4. Julie Morris has been hired to help us during vacation through July 10th, or longer if Judy doesn' t return right away. She will be handling the receptionist duties and Janette will be filling in at Judy' s desk during Judy ' s absence. 5. Jim Karkanen has again hired a part time helper for weekends for the Memorial Parc Comfort Station. 6 . George (Johnnie) Johnson will be assisting LeRoy for 4 weeks to complete the New Central Property file . LeRoy and I felt that the only way to get it all done right was for he and Johnnie to blitz the job for 3-4 weeks . 7 . The U.S. Department of Interior has sent us the formal application for transferring the O'Dowd Lake Islands to the City of Shakopee . We ' ll keep you posted as the application process progresses . 8. There has been alot of interest involving the problem at the Mill Pond and George Muenchow has been working on it (attached is a status report) . 9 . Attached for your information is a summary of Charles ' Weaver' s review of the Metro Land Planning Act . 10. Attached is a sign-up sheet for League Legislature Study Com- mittees . If you are interested fill it out and give it to Judy to mail in. 11 . The Waste Management Board will be holding an informational meeting at City Hall at 7 : 30 p.m. , June 29 , 1981 . Dean is fol- lowing this but I 've attached the latest information on the subject mailed to Cities Friday , June 5 , 1981 . Non agenda Information Items Page 2 June 10, 1981 12 . Attached is a Copy of the Agreement the 101 Watermain Contractor signed as a result of Council action June 2 , 1981 . 13. Attached is the Building Inspector ' s report for the month ending May 31 , 1981 . 14. We have been notified by Capesius , our local insurance agent , that the James Sands accident suit , accident at 12th Ave . and Valley Mall Parking Lot , was closed without any payment by our insurance carrier. We Won One . 15. Rod Krass has been notified by K-Mart that they intend to "look to the Construction Fund" created by the Tax Increment Project for Costs in connection with defending and/or settling the Wangerin Mechanic ' s lien. This simply means we cannot transfer excess construction money from the Construction Fund to the Tax Increment Debit Service Fund until the Wangerin case is resolved . 16 . Rod Krass has notified Bill Chard ' s Attorney that we are holding the Eastview Contractor' s final payment until Chard resolves/ drops his claims against the City (Letter attached) . 17. Attached is the Cable Committee Agenda for June 17 , 1981 . 18. Attached are the Minutes of the May 22 , 1981 Eastside Park Steering Committee meeting. 19 . Attached are the minutes of the May 21 , 1981 Ad Hoc Downtown Committee meeting. 20. Attached are the minutes of the May 13, 1981 ICC meeting. 21 . Attached are the minutes of the May 4, 1981 and May 22 , 1981 SPUC meeting. 22 . Attached is a memo from Gregg Voxland regarding the sale of Highrise Site. 23. Attached is the monthly Revenue Report as of May 29, 1981 . 24. Contrary to what I told Walt , John and Dean at the League meeting Thursday, the I and I study will be on the next agenda not the June 16 , 1981 agenda. FROM: To: CITY OF SHAKOPEE 129 East First Ave., Shakopee, MN Zip 55379 Phone (612) 445-3650 8 Niat SUBJECT: rd 0/1'2 -- fiLlutt'Ce'l IIIVDATE -------2)---)3/ 4 i) -6,1,_ rhg6yt--- 0.-- ,Ac- , ) /tepr.)44---, rv '-g/L L-- c �� 0 � y �? ( �� �- Com-' 4�- al& tio, --.J,-.() Teri,), --7//1,61 7, i IA L,t - /7,22,7 (Ida- qikJ11-14,1 1, -17: . taAti f L C/LA-LE - ---4--- 6) -.1---ckk ' i f if- tiVt/k 1/LA, Wa --/X/kA_ 'CA1-14f REPLY TO DATE BY 6/10/$1 John A. : This has turned out to be a bigger assignment than originally anticipated. Three calls to Alexandria on June 2 dtermined that the chemical product that they use kills all aquatic growth. Dave Zappatello at DNR now informs me that we would have to be cautious in usage because we have trees surrounding the Millpond with roots in the water. They would also be killed. Copper sulphate used by Edina and other places kills algae, but not aquatic weeds. Dave is sending some literature with costs of materials. Rochester has no problem because the Zumbro River flushes out their pond. Watch for Chapter Three next week. G.F.M. RETURN PART 1 TO SENDER WITH REPLY BY . ( ^! ) RMCC 847-3 - \ C. :. a.1.11.1i ow e;_71 aL-1:oirl/ e(1 ca..:12,-; ac;--Do-1 J.:JC aeo2cir_ ISiBnIb: beEm 10 aj-P,00 nfl.1:1:..res al ev3C err -- MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Charles Weaver ' s Presentation May 28 , 1981 at the Association of Metropolitan Municipalities DATE: June 1 , 1981 Introduction Mr. Weaver' s talk was entitled "The Metropolitan Land Planning Act : What Have We Learned" . I attended along with the Mayor and several Council members and since I took some notes , Eldon suggested I jot them down for everyone . Significant Points 1 . There are a total of 192 Metropolitan Comprehensive Plans due from cities , counties , and townships; 132 have been submitted , 67 completed (Shakopee ' s one) and 65 in process . 2 . Met Council has spent about 30,000 man hours on the plans to date or about 400 man hours per plan. 3. The plans have cost roughly $7 .0 million, $2 . 75 in state aid, $2 . 25 in local money and $2 .0 million in Met Council money. Mr. Weaver said the Forest Lake Interceptor cost $9.0 million and a large portionof this sanitary sewer runs through rural land serving no one. He used this as an illustration of what can be saved with the $7 .0 million in planning moneys by avoid- ing bad development decisions. 4. Most importantly, Met Council has learned that its growth predictions are accurate and that Metro growth needs can be handled within the MUSA Line until the year 2000! 5. Ag land is now being recognized as an end use and preserved through green acres and more recent ag use bills . 6 . Sewer capacity is still the metro areas most critical problem. 7 . Mr. Weaver feels that "we 've learned that we can work together" . JKA/jms nn VIII LIU league of minnesota cities LEAGUE LEGISLATIVE STUDY COMMITTEES The League of Minnesota Cities legislative study committees will be reconstituted after the annual conference, These study committees will each be meeting three or four times starting in late July to develop legislative policy for the 1982 legislative session, These study committees will conclude their work by the end of October, and the League membership will vote on the proposed policies at the annual League Legis- lative Conference on January 20, 1981, IF YOU WISH TO SERVE ON A LEAGUE LEGISLATIVE STUDY COMMITTEE AND/OR HAVE SUGGESTIONS FOR ITEMS FOR STUDY, please complete this form and return it to the annual conference information desk, or mail it to the League by July 1, The President of the League will appoint study committee members and, as in the past, an attempt will be made to balance the membership of the committees between larger and smaller cities and cities from throughout the state. I WOULD LIKE TO SERVE ON ONE OF THE FOLLOWING LEAGUE LEGISLATIVE STUDY COMMITTEES (indicate preference and priority by 1, 2, 3, etc, ) : Commission on the 8O's (to study the future of city government in Minnesota during the 198O's) Energy Advisory Committee (to develop proposals for city energy conservation and energy issues) Revenue Sources (the future of property tax relief and levy limits) Personnel , Pensions and Labor Relations General Legislation and Government Structure (including data privacy, open meetings, election laws, etc° ) Public Health and Safety Land Use, Environment and Transportation Development Strategies (tax increment financing, industrial revenue bonding, other financing methods for community development and capital improvement) WHETHER OR NOT YOU INDICATED ABOVE A DESIRE TO SERVE ON A STUDY COMMITTEE, PLEASE COMPLETE THE REST OF THIS FORM, (OVER) 300 hanover building, 480 cedar street, saint paul, minnesota 55101 C6123222-2861 -2- The League should develop legislative policy on the following legislative issues: Name Title Address City Zip Code Telephone during day ( ) MCA:rmm TE S STATE OF MINNESOTA 4 H O.... v. 9 WASTE MANAGEMENT BdC IVED BERT DUNN i/ 123 THORSON BUILDING CHAIRMAN 7323 58TH AVENUE NORTH TELEPHONE: �}} CRYSTAL, MINNESOTA 55428 JUN 8 1901 METRO AREA(612) 536-0816 O F� OUTSTATE 1-800-652-9747 41:INNti ' June 5, 1981 CITY OF SI-IKKOPW OFFICIAL NOTIFICATION OF PRELIMINARY AREA SELECTION FOR PROCESSING FACILITIES TO: Affected local governments and regional commissions FROM: Robert Dunn, Chairman, Minnesota Waste Management Board SUBJECT: Official notification of Preliminary Area selection This memo is an official notification that the Minnesota Waste Management Board has selected an area within your county or region as a "Preliminary Area". In the coming months, the Board will be evaluating this Preliminary Area and Preliminary Areas in 29 counties throughout the state for possible inclusion in the Board's inventory of preferred areas for processing facilities. This notice is part of the siting process set in motion by the Minnesota Leg- islature when it passed the Waste Management Act of 1980. Since November 1980, the Board has undertaken an extensive program of public involvement at local levels throughout the State so that citizens could have the opportun- ity for active participation in the process of siting hazardous waste facilities. Part of this official notification is the two brief reports attached to this memo. The first, "The Designation of Preliminary Areas for Hazardous Waste Processing Facilities," explains how Preliminary Areas were identified, how they will be further analyzed, and how the Board will use additional public input in cohtinuing the area selection process. The second, "The Waste Management Act of 1980," describes the responsibilities of the Waste Management Board and outlines the review procedures required by the Act. The Waste Management Board encourages comments, recommendations, and suggestions from all Minnesota citizens on the criteria, standards, and procedures which the Board will employ in evaluating these preliminary areas. We especially hope to hear from local officials and citizens in communities containing the preliminary areas. It is both our intention and our responsibility to see that they have a voice in this process. For this reason, and to further explain how these preliminary areas were identified and how they will be further evaluated, we will be holding a series of meetings in communities containing preliminary areas. We urge your participation in the upcoming meetings, to be scheduled for June and July. BOARD MEMBERS: DISTRICT 1 LAURENCE HUNTER, Hastings DISTRICT 5 LOUISE KUDERLING,Minneapolis DISTRICT 2 KEITH KUITERS,Clarks Grove DISTRICT 6 THOMAS RENNER, Elk River DISTRICT 3 WILLIAM KIRCHNER, Richfield DISTRICT 7 ALLAN EIDE, Hitterdal DISTRICT 4 MILTON KNOLL,JR,White Bear Lake DISTRICT 8 DAVID HARTLEY, Hermantown iJ i ► MINNESOTA WASTE MANAGEMENT BOARD "The Designation of Preliminary Areas for the Hazardous Waste Processing Facility Inventory" Introduction On June 5, 1981 the Minnesota Waste Management Board announced the desig- nation of "Preliminary Areas" for hazardous waste processing facilities in 29 Minnesota counties. These preliminary areas will be examined by the Waste Management Board during the next few months for the purpose of finding at least three preferred sites for each of three categories of hazardous waste processing facilities: ( 1) transfer and storage (2) chemical treatment, and (3) incineration. There are 60 Preliminary Areas ranging in size from one to ten square miles each, which meet the Board 's approved siting criteria. Processing facilities are designed to collect hazardous waste materials prior to treatment and final disposal , reduce the volume, or reduce the toxic level of hazardous wastes. Processing facilities include facilities for waste reduction, incineration, detoxification of waste materials, storage, separa- tion, and resource recovery. A processing facility site is expected to take approximately two to twenty acres of land. This paper is intended to explain how the preliminary areas were devel- oped, how they will be analyzed, and what procedures the Waste Management Board will use for further public input and for deciding which preliminary areas will be suitable for preferred processing facility sites. The Law Minnesota Statute ll5A, called the Waste Management Act of 1980, set up procedures for managing hazardous waste in this state. The law mandates that the nine member citizen Waste Management Board develop a Hazardous Waste Management Plan establishing methods for finding alternatives to land disposal of hazardous wastes, including reduction of waste generation, and processing of wastes before disposal . The Board is required to site at least one land disposal facility for those wastes which have been reduced and processed, or for which there is no acceptable alternative to disposal . The Minnesota legislature in the Waste Management Act clearly emphasized the importance of finding alternatives to land disposal for hazardous waste, and therefore mandated the Waste Management Board to identify areas of land suitable for processing facilities. Once the Board has identified those areas in which they would prefer to see sites developed, the Board will be in a position to assist private firms who are interested in developing a processing facility on a site within a preferred area. However, the inventory of pre- ferred areas developed by the Board will not preclude the construction of hazardous waste processing facilities by private firms in areas outside of the preferred areas. Public Participation On November 10, 1980, the Waste Management Board notified officials rep- resenting all local governments in Minnesota that the entire state was being searched for suitable areas for hazardous waste management facilities. The Board recognized that widespread public involvement should be a central ele- ment in the siting process from the beginning, so that citizens throughout the State would have the opportunity to participate and make recommendations regarding the development of siting criteria. The Board, therefore, held a series of three public meetings in each Regional Development Commission area and in each metropolitan area county. These meetings were designed to inform the public about Minnesota's hazardous waste problem, the functions and responsibilities of the Board, and the site selection process required by the Waste Management Act. The meetings were also designed to obtain rec- ommendations from citizens on what they considered important in developing siting criteria. A number of methods were used to generate discussion and recommendations at the public meetings, including individual questionnaires and group discus- sions. The questions the Board asked of meeting participants were designed to place the participants in the same position as the Waste Management Board, highlighting the difficult trade-offs involved in a siting process. In addi- tion, meeting participants were presented with a list of suggested siting criteria. They were asked to discuss these suggested siting criteria and to recommend additional criteria. Meeting participants clearly stated their recommendations and concerns regarding processing facilities. These included: 1) Processing facilities ought to be kept near to the source of generation of hazardous waste: 2) Processing facilities should be on or near safe transportation routes; 3) Processing facilities should be located in a manner so as to protect water quality; 4) The use of land for a hazardous waste processing facility should be compatible with existing land use plans. Participants discussed at length the need for all hazardous waste to be processed and reduced as much as possible, so that only a small volume would have to be land disposed. Technical Input In developing siting criteria, the Waste Management Board also relied on recommendations from technical staff and consultants. Technical staff analyzed a number of factors and data which might be considered in siting facilities, and presented to the Board several proposed combinations of technical criteria. In addition, the consultants advised the Board on the availability of data on a state-wide basis. Criteria Combinations Utilizing the results and recommendations from the public participation meetings, the suggestions of technical consultants, input from other inter- ested parties, and taking into account specific legal requirements of siting, the Waste Management Board developed two criteria combinations for processing facilities. The criteria combinations included the following: 1 ) In response to the concern that processing facilities be located near the source of generation, one requirement is that a site be in the Twin Cities area or within 10 miles of a statewide community having a population of 7,000 or more and which is within a hazardous waste generation area; 2 11 2) shorelands, wetlands, and areas of highly permeable soil must be avoided in siting processing facilities, to ensure protection of water quality; (for incineration facilities the capacity of the receiving stream or river also considered) ; 3) in response to stated concerns that land utilized for processing facilities should be compatible with existing land use plans, residential areas must be avoided, and industrial lands or industrial parks should be sought; 4) consistant with recommendations that safe, adequate transportation systems should be utilized, areas on or near major highways will be considered. Preliminary Areas In order to identify preliminary areas, the Waste Management Board util- ized a computerized land data base, available at the Minnesota Land Management Information Center (MLMIS) . The use of the data system allowed rapid sorting of information to identify tracts of land in the state which meet the siting criteria established by the Board. This data base contains information on geology, water proximity transportation, land use, population, and many other factors. Now that preliminary areas have been identified, more site specific analysis will begin. This analysis will include an examination of land uses ( industrial lands, residential uses, etc. ) , examination of wetlands and shorelands, examination of major routes to areas, within areas, and other relevant factors. In addition to this technical information gathered, the Waste Management Board will ask for continued participation from citizens throughout the siting process. Waste Management Board members and staff will hold public meetings in close proximity to each preliminary area, not only to answer questions and concerns of the residents and local officials, but to obtain more specific information about these areas from the residents. The Board will also conduct its 4th round of public participation meetings in late July and August to pro- vide citizens statewide with the information gathered from the technical anal- ysis and from the local residents regarding preliminary areas. These meetings will also provide opportunities for further input from citizens statewide. In addition to these preliminary areas designated by the Waste Manage- ment Board, the Board will consider recommendations from interested parties for existing facilities that could be converted for use as commerical proces- sing facilities. Preferred Areas By August 1981 , the Board will utilize the information gathered from the technical analysis and from the local residents to formally adopt the proposed inventory of processing facility sites. In adopting this inventory, the Board may reduce the number and/or size of these areas. Before this time the Board will have also considered any additional volunteered sites suggested by interested parties. After the proposed inventory is adopted in August, further public input will also be invited through public hearings to be held for each of the areas identified in the proposed inventory. In January, 1982 the final inventory of preferred processing facility sites will be adopted. 3 Conclusion This preliminary area designation for processing facilities is the first step in the siting program for processing facilities, a step enabling the Board to gather more site-specific analysis in the preliminary areas, both through more technical study, and through information provided by community residents. The Board feels that continued involvement by concerned citizens is vital to the siting process, and to other hazardous waste issues for which the Board will be responsible. The Board encourages citizens to continue presenting their views, concerns, and recommendations during each step of the siting process. 4 MINNESOTA )( WASTE MANAGEMENT BOARD The Waste Management Act of 1980 The Waste Management Act of 1980 created the Waste Management Board and directed it to find at least one site within Minnesota for a hazardous waste land disposal facility and at least three preferred areas for each of three categories of hazardous waste processing facilities; ( 1) chemical treatment (2) incineration, and (3) transfer and storage. While the Act gives the Board fairly wide latitude in creating a process to fulfill its siting responsibilities in order that the Board may respond to the wishes of the public and to necessary technical considerations, the Act also gives the Board certain secondary duties in order to ensure that minimum technical , social , and economic considerations are accounted for in the siting process. The Act also ensures that local communities will have a say in the final siting decisions and that the Board's decisions will be subject to appropriate review by the judiciary, the public, and other state agencies. Probably the most important of these secondary duties is the development of a Hazardous Waste Management Plan. The Plan will consist of a comprehen- sive description of the hazardous wastes generated in Minnesota currently and in the foreseeable future; methods of reducing, processing, and disposing of wastes; and the need for hazardous waste facilities in Minnesota. The Act requires that the Plan emphasize finding feasible alternatives to land disposal of hazardous wastes. The Waste Management Act requires the Board to develop an inventory of "preferred areas" for hazardous waste processing facilities by January 1 , 1982. Each area may be as large as 10 square miles. Following adoption of the inventory, private concerns who wish to develop processing facilities on sites within the areas will be eligible for specific assistance from the Waste Management Board. In accordance with the Waste Management Act, the Board will evaluate all preliminary areas for processing facilities in consultation with the Board's advisory councils; counties, regions, and local governments affected; hazard- ous waste generators; prospective facility developers; and the Pollution Control Agency. The Act also requires public hearings on each of the proposed areas, to provide opportunities for the public to voice concerns and recommendations. During public hearings on areas proposed for the inventory, any county or local government containing a proposed area may propose an alternate site or sites within that local unit. These local units will also be eligible for Board grants to help finance searches for alternate sites, to cover such expenses as administrative needs, staff or consultant services. As required by the Act, the Waste Management Board will evaluate each area's consistency with state and federal laws and regulations; existing local land use and land use controls; the protection of agriculture and natural resources; existing and contemplated development patterns; transportation and other services essential to the proposed hazardous waste facilities; the location of hazardous waste generators; and the quality of other potential areas. J ! , O1'1 "1lD (1)1/4- 3. "'l < rn `` m oz o `< ma i m co :=1 E = < n G � Z -< Er, 7" 37 0 L Lir 111 C m IL M n dab • C �3 -Ot° C = 4118 `` -9-. › ,...... ..< = = 0 _ . LI op-44. 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CO 0 O — N c.) - L(\ �D I— co t71 O N c L — N N N N N (74: ) AGREEMENT WHEREAS, a contract for Watermain Project #80-11 was awarded by the City to Richard Knutson, Inc. of 201 Travelers Trail , Burns- ville , Minnesota 55337 , and a pre-construction meeting was held be- tween the contractor and the City. No formal contract as of June 3, 1981 has been signed by the City or delivered to the contractor and the City has not given the contractor a "notice to proceed" but in spite of the foregoing the contractor did and commited the following overt acts : A. Began work without having been given a "notice to proceed" or without having a signed contract in its possession. B. Began work on June 2 , 1981 after all of the parties involved and other utilities in the area were told by Knutson that the starting date was June 3, 1981 . C. Did operate a valve on the city water system contrary to the contract and contrary to instructions given at the pre-construction meeting. D. As a result the foregoing operation of a valve did deprive a customer of the City of water without the notice as required . E. In spite of having made a call to Suburban Engineering on June 2 , 1981 and being told not to start work on June 2 , 1981 because Suburban had not yet made up the cut sheets , said contractor did actually proceed working on the above project on the site. As a result of the foregoing the City Council did , in line with current procedures , impose a $500 penalty against the contractor at its meeting on June 2 , 1981 . Subsequently, on the morning of June 3, 1981 it was agreed by and between the City and the contractor that the City will permit the contractor to proceed pursuant -to the terms of the contract upon the contractor ' s acknowledgment in writing the aforesaid violations and the payment of said $500 penalty to the City and the contractor further by its signature to this agreement and in consideration hereof does waive any and all claims that it has or might have against the City of Shakopee for any reason whatsoever as of 12 :00 noon the 3rd day of June , 1981 . To signify the acceptance of the foregoing the City of Shakopee and Richard Knutson, Inc. has executed this Agreement . CITY OF SHA OPE �1 RICHARD KNUTSON , INC. By Lp T..: • By .SFC u orize. signhture aut orize signa ure (73) CITY OF SHAKOPEE BUILDING ACTIVITY REPORT . May, 1981 PERMITS ISSUED May Yr. to Date Total Previous Year 5342 - 5365 Number Number Valuation Number Valuation .MO . YTD. Single Fam. -Sewered 4 12 742,600 1 3 208 ,000 Single Fam. -Septic - 1 75,000 - - - Multiple Dwellings 1 5 600,000 1 6 2, 313, 438 (Mo .Units) ( YTD Units) (4) ( 14) ( 2) ( 10) Dwelling Additions 3 7 81 ,000 1 12 57,800 Other Business District - 2 240,000 3 4 1 , 534, 500 Agricultural 1 1 132,000 1 1 13,000 Industrial -Sewered - - - 4 11 18, 418, 500 Industrial -Septic - 1 425,000 - 1 63 ,000 Accessory/Garages 3 17 100,000 5 1C 48 ,300 Signs & Fences 4 4 14,400 3 10 3, 383 Fireplaces/Wood Stove _ 2 2, 200 - - - Grading/Foundation _ 1 4 000 - - - Remodeling (Res. ) 7 15 30, 830 4 16 26,250 Remodeling ( Inst . ) _ 1 150,000 1 1 150,000 Remodeling (Other) 1 24 1 ,041 ,000 4 21 256,400 TOTAL TAXABLE 24 91 3 , 531 ,030 27 95 22, 942,571 TOTAL INSTITUTICNAL - 1 1 1 150,000 GRAND TOTAL 24 92 3 , 531 ,030 28 96 23,092, 571 MO . YTD. MO . YTD . Variances - 1 1 3 Conditional Use 2 6 3 8 Re-Zoning - - 1 4 Moving - - - 1 Electric Permits 15 63 8 51 Plmbg. & Htg. Permits 21 75 16 55 Razing Permits Residential - - - 1 Commercial - - - - Total dwelling units in City after completion of all construction permitted to date 3 , 460 Phyllis Knudsen Bldg. Dept . Secretary S 1) CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN MAY, 1981 5342 Laurent Bldrs. L 1,2 T 2 pplk 4��unit Townhse $ 180,000 5343 Wallace Lindemann 7979 Martindale Dr. Addition 7,000 5344 Michael Kurvers 928 E. 3rd Ave. Garage 6, 000 5345 Billy Ray Sherrill 228 E. 3rd Ave. Repair 500 5346 Dan Swanson 1834 Marschall Rd. Garage 6,000 5347 Howard Cichy 1200 Tyler St. Garage 6,000 5348 Citizens St.Bank 1100 E. 4th Sign 2 ,000 5349 Gary Shehan 1350 E. 1st Ave. Sign 2, 000 5350 Nathan Gould 1035 Van Buren Fin. Basement 3, 000 5351 Bert Notermann 1520 W. 10th Deck 980 5352 Don Martin 630 Monroe Shed 750 5353 Al DuBois 1....J.,y8QavSkip,98House 74 , 000 5354 George Luskey 705 W. 5th Deck 600 5355 Dean Roper 1059 Monroe Addition 4, 000 5356 Laurent Bldrs. 1709aPresidentia1 Lane House 80,000 5357 Michael Hentges 1042 Dakota St. Encl . Porch 6, 000 5358 Eberhardt 104 Fuller Sign 300 5359 North Cent. Dist. 8700 Hwy. 101 Sign l0,000 5360 Terrance Hanson Rt. 1 Horse Barn 132,000 5361 John Bernstein 1025 Van Buren Swimming Pool 9 ,000 5362 Robert Ganz 1064 Minnesota Fin. Basement 2, 500 5363 Bakcon Inc . g,45 3ra e�l�d Ct. House 65,000 5364 Jasper Homes Lot Xler 17 .. House 70,000 5365 K.W. O ' Brien 3549 Eagle Cr. Blvd. Addition 70,000 TOTAL $ 737 , 630 Vey Law Offices of ���� 4--7e KRASS , MEYER & KANNING '" d� Chartered JUN 1 0 1981 Phillip R. Krass Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kenning Shakopee, Minnesota 55379 CITY OF SHAKOPEE (612)445-5080 June 9, 1981 Mr. Keith D. Johnson P. 0. Box 65 503 Main Street Henderson, MN 56044 Re: Chard vs. City of Shakopee Dear Mr. Johnson: The City of Shakopee is in receipt of your January 28, 1981 , correspondence in the above-referenced matter. As nearly as I can tell from your Notice of Claim, you are not contending that the City violated the Contract with your client, but rather that a third party did not fulfil its Contract with the City. We question whether your client has the right to the benefit of our Contract with the third party, but at any rate wish to take this opportunity to inform you that the third party contractor, Knutson, has finished its contract with the city and applied for the retainage that we have held back. We will not release this retainage without giving you an opportunity to take whatever action you deem appropriate. If it is your intent to commence an action against the City or Knutson, please let us know within the next two weeks and we will continue to withhold the retainage for a reasonable period to allow you to commence your action. If it is not your intention to commence such an action, we would appreciate having that assurance from you. Thank you. Yours very truly, KRASS, MEYER & KANNING CHARTERED Phillip R. Krass PRK:smb File cc Mr. John Anderson /7 TENTATIVE AGENDA AD HOC CABLE COMMUNICATIONS COMMITTEE Shakopee, Minnesota Special Session June 17 , 1981 Chairman Foudray presiding 1 . Call to order at 7 :00 p.m. 2 . Approval of minutes of May 27 , 1981 3 . Communications 4. Discussion and policy determinations submitted for consideration by Consultant , Anita Benda a. Comments and suggestions regarding Request for Proposals , Draft No. 2 b. Cable Policy Issues c . Cable Communications System Ownership Options d . Evaluation Criteria and Priorities 5 . Discussion of Preliminary Cable Communications Franchise Ordinance submitted by attorney Adrian Herbst 6 . Other business 7 . Adjourn Jeanne Andre Administrative Assistant / S' SHAKOPEE EASTSIDE PARK STEERING COMMITTEE We met May 27 at 7p.m. in the lunch room of the Junior High School. The following were present: George Muenchow, Director Community Services , Jim Cook, Bob Langer Jim Moriarty and Phillis Martinson. President Jim Cook called the meeting to order and requested the reading of the minutes . George Muenchow reported that he had called Margaret McFarland and she had given him the names of two different house moving companies . Wren Bros . of Lakeville and Orvin Voigt (reasonable ) . Neither_ George Muenchow or Jim Cook had gotten any response from our request, in the newspaper, for a warming house. Jim Cook said the purpose of tonights meeting was to set up the agenda for the June 9th meeting. There followed a discussion of the neighbourhood meeting. George was asked to talk on the overall history of the proposed park. Jim Cook will talk on the concept of temporary versus permanent. Phillis will talk on the winter facilities and Chuck will talk on the summer facilities and Jim Cook will wind up with the necessary request for neighbourhood support. Jim Moriarty will have the flier ready to be distributed Wednesday or Thursday night. Jim Cook and Gwen Ellingson will call the committee members to request their help in the distribution of the fliers . The meeting was adjourned and the next meeting will be the open meeting on Jume 9th at 7p.m. in the lunch room of the Junior High. Respectfully submitted, /7 AD HCC DOWNTOWN COMMITTEE MEETING May 21, 1981 7:00 A.M. City Council Chambers Present: Dan Steil, Bill Wermerskirchen, Jr., Gene Pearson, Joe Topic, Don Steger, Nancy Christensen, Kay Benson, Dick Hullander, Lee Stoltzman, and Don Martin. Chairman Dan Steil called the meeting to order at 7:00 A.M. Don Steger introduced Lee Stoltzman as ex-officio member of the committee. Hollander/Christensen moved to approve the minutes of the April 29, 1981 meeting. Motion carried unanimously. Christensen/Wermerskirchen moved to refer the name of Bill Berens to the City Council for appointment to the committee. Motion carried unanimously. In defining the geographical location of the downtown area, City Planner Don Steger presented the city's zoning map, explaining the various codes. Hullander/Pearson moved to expand the area called the downtown business district to include the properties from Scott to Spencer Streets and from the river to Sixth Avenue. After much discussion the committee agreed that it would be better to consider the impact of a larger surrounding area. The motion was amended by Hifl l ander/Topic that the downtown business district boundaries, for the purpose of this committee, should include the areas between Apgar and Fillmore Streets and between the river and Sixth Avenue. Motion carried unanimously. In defining the types of businesses in the downtown area, it was noted that many of these businesses do attract customers from outside the Shakopee area. Christensen/Benson moved to define the downtown area as being regional rather than local in nature. Motion carried unan- imously. Discussion was held on the studies of previous committees and on the informational packet handed to the committee members prior to the meeting. It was noted that past committees relyed on the highway by- pass. It was suggested that this committee consider the fact that the highway would probably remain as is. It was also noted that the committee could consider capitalizing on the barriers of the river, of First Avenue, and of the railroad tracks. Hunan-ler/Benson moved to adopt the Steps to Downtown Development plan as a timetable for the committee. Motion carried unanimously. l It was decided that the next meeting would consist of a brain—storm type session with each member presenting their own idea of what the downtown area should or could be. Chairman Dan Steil suggested that committee members give thought on the use of a theme. This will be discussed at the next meeting. The next meeting of the committee will be held on June 18, 1981 at 7:00 A.M. at the City Council Chambers. Wermerskirchen/HullanMer moved to adjourn at 8:15 A.M. Carried. Don Martin Secretary MINUTES OF INDUSTRIAL/COMMERCIAL COMMISSION SHAKOPEE, MINNESOTA MAY 13, 1981 Chairman Henderson called the meeting to order at 5:00 p.m. Present: Commissioners O'Neill and Woodward Advisor Eastlund Absent: Commissioners Furrie, Raduenz, Peterson Liaison Wermerskirchen O'Neill/Woodward moved to approve the minutes of April 8, 1981. Motion carried unanimously. Chrm. Henderson informed the Commission that she had received copies of the City's Tax Increment Policy for Economic Development Projects. She reported she had received a call from Cncl. Reinke, who stated the City would prefer that the ICC have nothing to do with the policy as it relates to housing. She expressed her concern with this request, as it is her understanding that this type of policy would affect the ICC, especially in the ad hoc committee for the CBD. She will get copies of the policies to the other Commissioners. Chrm. Henderson informed the Commission that she will be writing her letter of re- signation to the Mayor tomorrow. She outlined her reasons as mostly over-involvement since January, and her desire to simplify her life at this point. There are a few other reasons, including City Council policy decisions and personal choices. She sees the coordination of the ad hoc committee for the CBD redevelopment as a major under- taking, which will be very time-consuming. Even after her resignation she will be involved with the downtown redevelopment regarding the financial strategy on the level of Scott County HRA and phasing out of Shakopee HRA. Chrm. Henderson was informed that the City was very pleased with Industrial Day, and it is requested there be some type of Industrial Day every year until the parks are full. Comm. O'Neill expressed his concern about getting people here year after year for Industrial Day. Various communities were mentioned which have a type of Indus- trial Day every year, and their programs were briefly discussed. Comm. Woodward said he thought there would have to be a totally different format if it is to be every year. Advisor Eastlund confirmed that Ray Foslid is going to be getting copies made of the slide presentation used for Industrial Day, to make it available to various civic groups. Chrm. Henderson was hoping all the bills would be in for Industrial Day so they could see how the totals added up, but a few are missing. They should all be presented at the same time to the City Council. There was a brief discussion comparing the esti- mated figures and the actual bills received, and it looks like the expenses are under budget. Chrm. Henderson received a list of people present at Industrial Day and asked if the ICC thought it was a good idea to follow-up on people who attended with a thank-you. It was decided it was a good idea, and Chrm. Henderson will draft a letter to be sent. Comm. O'Neill expressed his disappointment with the newspaper coverage. Chrm. Henderson informed the Commission that the Assessor had a conflict with June 10, 1981 when he was scheduled to appear before the ICC, and asked it it was possible to re-schedule the meeting to June 17, 1981. Comm. Woodward indicated he would be out of town. The Chrm. would check with the others. , Industrial/Commercial Commission May 13, 1981. Page 2 Comm. O'Neill reported he was at the Board of Review asking the Assessor for compar- ables for the Industrial Park, and the Assessor told him the Council had asked him for comparables from places like Savage, Prior Lake and Chaska, and he was gathering those figures. Chrm. Henderson reported that the CBD redevelopment ad hoc committee had its first meeting, and listed the members: Chrm. Dan Steil; Vice-Chrm. Dick Hullander; Secre- tary Don Martin; Joe Topic, Kay Benson, Gene Pearson, Bill Wermerskirchen, Jr, Terry Link, Nancy Christenson; ex officio members are ICC Chrm. , a member of Planning Com- mission, Don Steger & Fred Corrigan. The ICC will get copies of its minutes, and the meetings are set for the 3rd Thurs. at 7:00 a.m. It is anticipated the meetings will run a couple hours and they will be probably breaking up into smaller groups for various studies. Comm. O'Neill expressed his concern about the lack of communication between the City Council and the ICC, such as the City not including the ICC in its meeting with de- velopers, which the ICC had initially requested. This committee was originally formed as just the Industrial Commission, and Comm. O'Neill stated he was surprised when "Commercial" was added. He doesn't feel he has the talents for the downtown redevelopment, a feeling which was echoed by Comm. Woodward. Chrm. Henderson pointed out that both men do have knowledge of financial aspects and land breakdowns, etc. She also was surprised when she saw the Resolution which stated that one of the charges was for the CBD, and this may have been the reason why "Commercial" was added to the title. Chrm. Henderson read the Resolution establish- ing the CBD Ad Hoc Committee. Woodward/O'Neill moved to table discussion of the ICC's role in the downtown rede- velopment project until the other members of the ICC committee are present. Motion carried unanimously. Woodward./O'Neill moved to adjourn at 5:50 p.m. Motion carried unanimously. M. Henderson, Chairwoman Diane S. Beuch Recording Secretary t MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular MEETing) The Shakopee Public Utilities Commission convened in regular session on May 4, 1981 at 4:30 P.M. in the Utilities meeting room. Commissioner Bishop offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Bishop, Molting and Reinke. Also Superintendent Leaveck, Manager Van Hout and Secretary Barbara Menden. Also present was City Administrator John Anderson. Motion by Molting, seconded by Reinke that the minutes of the April 27th, 1981 special meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 Auto Central Supply 49.64 Battery Tire and Warehouse 153.80 Border State Electric Supply Co. 410.76 Burmeister Electric Co. 2,606.53 Burroughs Corporation 358.86 Burroughs Corporation 821.67 Capesius Agency 710.00 Chicago, Milwaukee, St. Paul and Pacific Railroad 93.75 City of Shakopee 41.93 Clay's Printing Service 51.80 Dunning Hardware 11.72 Dyna Systems 316.56 Fresco 104.50 Goodin Company 126.37 Graybar Electric Service, Inc. 257.13 H & C Electric Supply Co. 225.35 Halls Safety Equipment 84.81 Hennens Skelly Service 9.50 M/A Associates 169.30 Malkerson Motors, Inc. 2,700.00 Minnesota Municipal Utilities Association 35.00 Minnesota Safety Council, Inc. 55.00 Northern States Power Co. 842.66 Northern States Power Co. 141,153.22 Northern States Power Co. 264.10 Northland Electric Supply Co. 444.37 Ring Fire Extinguisher Service 9.00 Serco Laboratories 24.50 Shakopee Public Utilities Commission 81.74 Shakopee Services 18.00 Shakopee Valley News 118.48 Dean Smith Trenching, Inc. 140.00 Starks Cleaning Service 8.65 Software Consultants, Inc. 1,380.00 Suel Business Equipment 54.54 Twin City Oxygen, Inc. 31.10 Westinghouse Electric Supply Co. 261.50 Motion by Reinke, seconded by Nolting that the bills be allowed and ordered paId Motion carried. A communication from Ted and Jane Hansen complimenting the crew on a job well done was placed on file. John Anderson, City Administrator was on hand to pursue the availability of fire flow data for new buildings and what information was to be obtained from the Shakopee Public Utilities staff. The consensus was that the Building Inspector would decide what fire flows were required and then SPUC would run flow tests as necessary to find what flows were now available. The procedure for staff reports was discussed in a memo from the Utilities Manager to the Utilities Commission with a copy to the City Administrator. Motion by Nolting, seconded by Reinke to concur with the memo dated to the City Administrator regarding the procedures for staff reports both by SPUC and by Council and that a copy be sent to the Common Council. The draft of a letter to be sent to NSP and one to the Industries both signed by Mayor and SPUC President were approved. Manager Van Hout gave a report on the progress of the hydroelectric plant study. A discussion was held on a SPUC Commission appointment on the agenda of the Common Council of the City of Shak9pee. Motion by Reinke, Seconded by Nolting to reappoint Wally Bishop to the Utilities Commission. Mr Bishop declined at this time. Commissioner Reinke will discuss with the Council the possiblity of Mr. Bishop staying on the Utilities Commission at this time but not for a full term. Motion by Reinke, seconded by Nolting that Mr. Bishop continue on as a SPUC Commissioner. Motion carried. Motion by Reinke, Seconded by Nolting to adopt Resolution #230, a Resolution to adopt Watermain and Service Line Specifications. Ayes: Commissioner Bishop, Nolting, Reinke. Nayes: none. Resolution passed. Motion carried. Commissioner Reinke gave the Liason Report. He will check into progress in the acquiring of land for SPUC pole yard. There will be a public hearing on the 101 Watermain Project on May 19, 1981. The Utilities Manager and the SPUC Commissioners will attend. A special meeting will be held on May 21, 1981 at 8:00 P.M. in the Utilities meeting room to discuss the personnel policies. Commissioner Nolting left meeting. Motion by Reinke, seconded by Bishop to designate Midland National Bank as an official depository for the SPUC. Motion carried. Jerome Jaspers and Jim Streefland arrived to present the 1980 Audit. Commissioner Reinke asked for a quarterly report on our investments. Jim Streefland made some suggestions regarding the billing process. The commissioners asked that this be discussed at their next meeting. Motion by Reinke, seconded by Bishop that the meeting be adjourned. Motion carried. L'l MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Special Session) The Shakopee Public Utilities Commission convened in special session on May 22nd, 1981 at 8:00 Y.M. 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 Reikke. Also Superintendent Leaveck and Manager Van HOut and Secretary Barbara Menden. The office staff of the Shakopee Public Utilities Commission were present to discuss the remodeling of the Utilities Building. The commission advised the staff to come up with some plans and present them to Manager Van Hout for his ideas. The Commission began working on the work rules and personnell policy at this time. Motion by Reinke, seconded by Nolting that the meeting be adjourned. Motion carried. j : Lou an Hout, Manager as MEMO TO: s-John K. Anderson, City Administrator Jeanne Andre, HRA Director FROM: Gregg Voxland, Finance Director RE: Sale of Highrise Site DATE: June 11, 1981 During the annual financial report/audit preparation it came to light that 200 Levee Drive Associates failed to remit the agreed $20,000 for the Highrise site at closing. 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LL a a IT a a • J 0 Tentative Agenda AD HOC DOWNTOWN COMMITTEE City Council Chambers - Shakopee City Hall June 18, 1981 1) Call to Order at 7:00 AM. 2) Approval of May 21, 1981 Minutes 3) Discussion of Overall Downtown Theme and Design Concepts 4) Miscellaneous 5) Adjournment Don Steger City Planner AD HOC DOWNTOWN COMMITTEE MEETING May 21, 1981 7:00 A.M. City Council Chambers Present: Dan Steil, Bill Wermerskirchen, Jr., Gene Pearson, Joe Topic, Don Steger, Nancy Christensen, Kay Benson, Dick Hullander, Lee Stoltzman, and Don Martin. Chairman Dan Steil called the meeting to order at 7:00 A.M. Don Steger introduced Lee Stoltzman as ex-officio member of the committee. Hullanrier/Christensen moved to approve the minutes of the April 29, 1981 meeting. Motion carried unanimously. Christensen/Wermerskirchen moved to refer the name of Bill Berens to the City Council for appointment to the committee. Motion carried unanimously. In defining the geographical location of the downtown area, City Planner Don Steger presented the city's zoning map, explaining the various codes. Hullander/Pearson moved to expand the area called the downtown business district to include the properties from Scott to Spencer Streets and from the river to Sixth Avenue. After much discussion the committee agreed that it would be better to consider the impact of a larger surrounding area. The motion was amended by Hullander/Topic that the downtown business district boundaries, for the purpose of this committee, should include the areas between Apgar and Fillmore Streets and between the river and Sixth Avenue. Motion carried unanimously. In defining the types of businesses in the downtown area, it was noted that many of these businesses do attract customers from outside the Shakopee area. Christensen/Benson moved to define the downtown area as being regional rather than local in nature. Motion carried unan- imously. Discussion was held on the studies of previous committees and on the informational packet handed to the committee members prior to the meeting. It was noted that past committees relyed on the highway by- pass. It was suggested that this committee consider the fact that the highway would probably remain as is. It was also noted that the committee could consider capitalizing on the barriers of the river, of First Avenue, and of the railroad tracks . Hullander/Benson moved to adopt the Steps to Downtown Development plan as a timetable for the committee. Motion carried unanimously. It was decided that the next meeting would consist of a brain—storm type session with each member presenting their own idea of what the downtown area should or could be. Chairman Dan Steil suggested that committee members give thought on the use of a theme. This will be discussed at the next meeting. The next meeting of the committee will be held on June 18, 1981 at 7:00 A.M. at the City Council Chambers. Wermerskirchen/Hullander moved to adjourn at 8:15 A.M. Carried. Don Martin Secretary TENTATIVE AGENDA SHAKOPEE, MINNESOTA ADJ. REG. SESSION JUNE 16, 1981 Mayor Harbeck presiding 1 ] Roll Call at 7 : 30 P.M. 2 ] Approval of Minutes of June 2 , 1981 3] Communications : a] Friend of Parks re : Parks and Lakes 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6 ] Old Business : a] Fire Relief Association Bylaws (tabled May 19, 1981) 7 ] Planning Commission Recommendations : a] Approving Final Plat of A & G 1st Addition Developer : James Allen, Box 162 , Savage , MN 55378 Action: Resolution No. 1865 , Giving Final Approval Planning Comm. Recommendation: Approval w/conditions 8 ] Routine Resolutions and Ordinances : a] Accept resignation of Marjorie R. Henderson from the Industrial Commercial Commission and adopt Res . No . 1853 b] Res . No. 1858, Amending Res . No. 1790 Regarding Payment of Judgment - - (County Road 17/Link Lawsuit) c ] Ord. No . 6$, Adopting a Revised Sign Ordinance d] Res . No. 1866 , Preliminary Approval of Valley Industrial Center II , $1 . 1 Million IR Bonds 9] New Business : a] 8: 30 P.M. - Shakopee East Side Park Committee Proposal - Oral presentation by Committee b] 9 : 15 P.M. - Public Hearing on Revenue Sharing c ] 9 : 30 P.M. - On Sale and Sunday Liquor License Renewals d] Authorize Inspections by Schoell & Madson of Well #6 of the K-mart Tax Increment Project e ] County Road 16/County Road 83 Watermain within K-mart Tax Increment Project (80-10KT) aa] Approve Change Order No . 2 bb] Adopt Res . No . 1867 , Approving Final Payment f ] Account for Ad Hoc Downtown Committee g] Accepting Bids and Awarding a Contract OR Declaring Assessments and Setting a Public Hearing (Res . No . 1860) h] County Road 16 Utilities ( 80-4) aa] Res . No . 1861 , Declaring Adequacy of Petition bb] Res . No . 1862 , Acceping Feasibility Report and Setting a Public Hearing cc ] itos . N6 . 1863 ging Plans and Specifications TENTATIVE AGENDA June 16, 1981 Page -2- dd] Res . No. 1864, Receiving Plans and Specifications and Authorizing Ad for Bids i ] Engineer ' s Monthly Report j ] Property and Liability Insurance k] Industrial Commercial Commission Bills 1 ] Approve the Bills m] Public Subscription of Shakopee ' s Tax-Exempt Bonds 10] Consent Business : a] Accept bid of Associated Mechanical Contractors , Inc. in the amount of $4, 890. 00 for a 72 ton HVAC unit b] Accept quote of Steins Plumbing in the amount of $4, 954. 00 for replacement boilers for the west side of City Hall c ] Res . No. 1857 , A Resolution Adopting a Diseased Tree Removal Policy 11 ] Other Business : a] Public Employees Retirement Association vs . Deferred Compensation for City Administrator b] c ] d] 12 ] Adjourn to Tuesday, June 23, 1981 at 5 : 30 P.M. at John K. Anderson City Administrator Upcoming Meetings : June 23 - Work session on goals and objectives June 30 - Meeting to explain MWCC increased sewer rates July 7 - Regular Meeting July 14 - Work session on 5 year Capital Equipment list and 5 year Capital Improvement List TENTATIVE AGENDA SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY Special Session June 16 , 1981 Vice-Chairman Leroux presiding 1 . Roll call at 7 : 15 p.m. 2 . Approve Minutes of June 2 , 1981 . 3 . Fourth and Minnesota Neighborhood Revitalization Project a. Closingsunder the 235 Homeownership Program b. 4. Payment of bills a. Dean Smith Trenching, $5 , 719.00, partial payment on Minnesota Street Project , Grading and Fill b. Jeanne Andre , $34. 11 , fees to attend Metropolitan Council Housing Workshop and transportation reimbursement c. Minnesota League of Cities , $33 .00, conference fee for Jeanne Andre to attend annual meeting. 5. Other business 6 . Adjourn Jeanne Andre Executive Director CITY OF SHAKOPEE INCO13P®RA'T'ED 1870 129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445-3650se June 11 , 1981 Housing and Redevelopment Authority City of Shakopee 129 East First Avenue Shakopee , MN 55379 Re: Special Meeting Dear Commissioners : You are hereby notified that there will be a Special Meeting of the Shakopee Housing and Redevelopment Authority at 7 : 15 P.M. , on Tuesday, June 16 , 1981 , in the Council Chambers at City Hall . The purpose of this meeting is to conduct a regular business meeting per attached agenda. If you are unable to attend this meeting, please contact Jeanne Andre , HRA Director. Since!!rely.��, �g a Richard Hullander9� Chairman Shakopee HRA RH/jam Enc . The Heart of Progress Valley An Equal Opportunity Employer PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 2, 1981 Chairman Hullander called the meeting to order at 7:00 P.M. with Comm. Colligan and Leroux present. Comm. Reinke arrived later, and Comm. Lebens was absent. Also present were Jeanne Andre, HRA Executive Director and John K. Anderson, City Admr. Colligan/Leroux moved to approve the minutes of May 5, 1981 as kept. Motion carried unanimously. Colligan/Leroux moved to authorize builders to proceed with construction after pur- chase agreements have been executed and written funding commitment received on the six homes, Phase II Macey Second Addition. Motion carried unanimously. Colligan/Leroux moved to direct the City Attorney to prepare the required easements for Mr. Werner and utilities, and authorize staff to transfer title of Outlot B to identified purchaser for Lot 1, Block 1, Macey Second Addition at the time said pro- perty is transferred. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to approve Change Order No. 1 for Lot 1, Block 1, Lacey Second Addition authorizing garage pad to be attached to house with footings and a new curb cut at an additional cost of $950.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. The HRA Director initiated discussion regarding installation charges for telephone service to individual homes in Macey Second Addition. Discussion ensued on the res- ponsibility of the buyer and builder. Comm. Reinke arrived at this time, 7:10 P.M. Colligan/Leroux moved to pay half and have the homebuyer pay half on the installation charge for the first telephone, and the buyer would absorb the costs of any additional telephones in individual homes in Macey Second Addition. Reinke/Hullander moved to amend the motion to have the homebuyer responsible for the entire cost of telephone service. Motion to amend carried with Comm. Colligan opposed. Main motion as amended carried with Comm. Colligan opposed. Reinke/Leroux moved to extend the opportunity and pay the necessary expenses for Comm. Lebens to attend NAHRO's 1981 Educational Workshop for Commissioners, to be held July 31, 1981 to August 2, 1981 in San Antonio. Discussion followed regarding the merits of having a personal representative at the workshop. Roll Call: Ayes; Unanimous Noes; None Motion carried. Reinke/Colligan moved to appoint Comm. Leroux as acting secretary for this meeting, for the purpose of signing some important papers. Motion carried unanimously. Colligan/Leroux moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:25 P.M. Jeanne Andre, Executive Director Diane S. Beuch, Recording Secretary MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE: Closings Under the 235 Homeownership Program Fourth and Minnesota Neighborhood Revitalization Project DATE: June 11 , 1981 Background: Three units in Macey Second Addition should be ready to close by the end of June. The units are : Lot 1 , Block 1 , to be purchased by Xuan Nguyen and Mai Pham, constructed by Quality Development Inc. (dba Joseph Miller Development) . Lot 1 , Block 3, to be purchased by Elizabeth Meyer, con- structed by Goodwin Builders . Lot 2 , Block 3 , to be purchased by Tom and Susan Johnson, constructed by Goodwin Builders . The units are not yet complete , but will be before staff arranges for the execution of the deeds . Requested Action: The following motions should be adopted by the HRA to prepare for the closings : 1 . Authorize appropriate HRA officials to make , execute and deliver deed to Lot 1 , Block 1 , Macey Second Addition, subject to inspection and approval by staff of improvements constructed therein, to Quality Development , Inc. This action to be in accordance with contract for deed between Quality Development , Inc. and the Shakopee Housing and Re- development Authority, for the purpose of conveying said' property to authorized buyer identified by HRA. 2 . Authorize appropriate HRA officials to make , execute and deliver deed to Lot 1 , Block 3, Macey Second Addition, subject to inspection and approval by staff of improvements constructed therein, to Goodwin Builders , Inc. This action to be in accordance with contract for deed between Goodwin Builders , Inc. and the Shakopee Housing and Redevelopment Authority, for the purpose of converying said property to authorized buyer identified by HRA. 3. Authorize appropriate HRA officials to make execute and de- liver deed to Lot2, Block 3 , Macey Second Addition, subject to inspection and approval by staff of improvements constructed therein, to Goodwin Builders , Inc . This action to be in June 11 , 1981 Page 2 accordance with contract for deed between Goodwin Builders , Inc. and the Shakopee Housing and Redevelopment Authority, for the purpose of conveying said property to authorized buyer identified by HRA. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 2, 1981 Mayor Harbeck-called the meeting to order at 7:30 P.M. with Cncl. Hullander, Reinke, Leroux and Colligan present. Absent was Cncl. Lebens. Also present were Julius- A . Coller, II, City Attorney; Jeanne Andre, Admr. Assistant; John K. Anderson, City Admr. and Judith S. Cox, City Clerk. Hullander/ Colligan moved to approve the minutes of May 5, 1981 as kept. Motion carried unanimously. The City Admr. informed Council that the Metropolitan Council has formally approved Shakopee's Comprehensive Plan and Shakopee now has 9 months to adopt its Comprehen- sive Plan. Cncl. Hullander asked the City Admr. to pass onto the Planning Commission his willingness to reconsider the 22 acre size for rural lots. Harbeck/Leroux moved to acknowledge and file the letter from the Metropolitan Council dated May 12, 1981 approving Shakopee's Comprehensive Plan. Motion carried unanimously. Cncl. Leroux informed Council Of a Landfill public hearing June 3, 1981 at the High School auditorium. Cncl. Hullander reported that the Downtown Committee has had a couple of meetings and anticipate developing a work plan within 60-90 days. Cncl. Leroux initiated a discussion about the response from MTC to the City's request for a route change. Leroux/Reinke moved to send a letter to MTC Commissioner enclosing copies of the present correspondence and requesting her to stop by and discuss it with the Council or staff. Motion carried unanimously. Hullander/Leroux moved to put the matter of Barbarossa & Son, K-mart and M. A. Morten- son final payment into escrow , upon bringing specifics back to Council for approval. Motion carried unanimously. The Mayor asked if there was anyone in the audience who wished to address the Council on any item not on the agenda, and there was no response. Hullander/Leroux moved to authorize appropriate City officials to enter contract with Anita Bergh for consultant services in the realm of cable communications, not to exceed $2,000.00 for tasks in preparing the Request for Proposals (RFP) and $6,000.00 per cable company proposal evaluated. Roll Call: Ayes; Hullander, Reinke, Leroux, Colligan Noes; Harbeck Motion carried. The City Admr. asked for clarification as to whether the $750 allowed for official forms is included in the total sum of $2,000 to Anita Benda, or if that was an addi- tional amount, making the total $2,750. Discussion ensued. Leroux/Hullander moved for reconsideration on the cable communications contract with Anita Benda. Motion carried unanimously. Leroux/Hullander moved to amend the contract under CONSULTANT'S COMPENSATION, Para- graph No. 2, after $2,000, to add: including the $750.00 for the use of official application forms. Roll Call: Ayes; Hullander, Leroux, Colligan Noes; Reinke, Harbeck Motion carried. More discussion ensued regarding whether or not the contract with Ms. Benda is open- ended and the legality of it. Hullander/Reinke moved to table this contract item to let the City Attorney look it over and bring it back later in the meeting. Motion carried with Leroux opposed. The Mayor read a resolution commending the members of the Subdivision Ad Hoc Committee, handed out the commendations and added his personal appreciation to Gary Eastlund, Cletus Link, Dick Wiggin, Wynne Ventling, Gloria Vierling and Dean Colligan. Hullander/Leroux offered Resolution No. 1848, A Resolution Commending The Subdivision Ad Hoc Committee, and moved its adoption. Motion carried with Colligan abstaining. -Shakopee City Council 17 June 2, 1981 Page 2 The Mayor then read Resolution No. 1847, a resolution of appreciation to Stan Von Bokern for his twelve years of service on the Shakopee Police Civil Service Commis- sion, and expressed his personal gratitude. Leroux/Colligan offered Resolution No. 1847, A Resolution of Appreciation to Stan Von Bokern, and moved its adoption. Motion carried unanimously. The City Admr. informed Council that the Prior Lake City Council and the Watershed District Board have approved the Joint Powers Agreement and have their representatives and attorneys in the audience. Bryce Huemoeller suggested adding to the Section 12.04. Definitions: cfs: cubic feet per second, and deleting b through d. Hullander/Colligan moved to include "cfs: cubic feet per second" in Section 12.04, Definitions and delete b, c and d in the Prior Lake Spring Lake Watershed District Joint Powers Agreement. Motion carried unanimously. Wally Stock, Prior Lake Mayor, addressed the Council stating that the Prior Lake City Council did adopt the Joint Powers Agreement last night, believing it to be bene- ficial to all involved, and asked Shakopee to do the same. He thanked the Council for its efforts in the negotiations. Colligan/Leroux moved to approve the Joint Powers Agreement, with the City of Prior Lake and the Prior Lake-Spring Lake Watershed District and authorize proper City officials to execute the agreement. The City Admr. clarified the different terminology used with respect to insurance. Roll Call: Ayes; Hullander, Leroux, Colligan, Harbeck Noes; Reinke Harbeck/Colligan moved that the final alignment of the Watershed District come before all three bodies to clarify the right-of-way lines. Motion carried unanimously. Hullander/Leroux moved to take the consultant contract for cable communications off the table. Motion carried unanimously. The City Attorney gave his opinion that the total compensation identified in the con- tract for tasks relating to the RFP was not to exceed $2,000. Leroux/Hullander moved to amend the contract with Anita Benda for consultant services in the realm of cable communications, to strike the language of the previous motion and insert in the CONSULTANT'S COMPENSATION paragraph, No. 2, after the word $2,000 "including all items referred to under paragraph No. 1 above." Motion on amendment carried unanimously. Roll call on main motion as amended: Ayes; Hullander, Leroux, Colligan Noes; Reinke, Harbeck Motion carried. Leroux/Colligan offered Resolution No. 1851, A Resolution Providing For the Issuance and Sale of $940,000 General Obligation Improvement Bonds of 1981, Series A, and moved its adoption. Robert D. Pulscher, President of Springsted, Inc. , explained that in response to a concern of the City Finance Director regarding the City being short of money if the assessments were delinquent, he developed another payment plan reducing principal payback in the first several years. However, this would result in $39,000 increase in the over-all debt... Councilmembers agreed not to utilize this payment plan. Roll Call: Ayes; Unanimous Noes; None Motion carried. Hullander/Reinke moved to approve the general concept of the transfer and sale of the old Waste Water Treatment Plant property to Mr. Bakken as outlined in memo from the City Admr. dated May 27, 1981 : 1) City must determine a value for the property 2) Mr. Bakken must deposit a certified check with the City for the purchase price, 3) City must formally request the stage 2 land transfer of George Lacher, Chief Administrator, Metro Waste Control Commission 4) Upon receipt of the land from the MWCC the City must adopt a resolution finding that it no longer needs the property for public purposes 5) City deeds property to Mr. Bakken and deposits check. Hullander/Colligan moved to employ Frank J. Wicker for a Stage 2 appraisal of the old WWTP, said appraisal to be paid for by Mr. Bakken. Motion carried unanimously. A discussion was held regarding the advisability of a reverse referendum, with the Finance Director explaining that if the Council decides to pursue a reverse referendum, the time line is such that a resolution to that effect would have to be passed tonight. Council decided not to pursue the reverse referendum. • Shakopee City Council June 2, 1981 Page 3 Leroux/Hullander moved to remove the liquor license application for Cleve's Red Owl from the table. Motion carried unanimously. Hullander/Colligan moved to approve application and grant an off sale non-intoxicating malt liquor license to Cleve's Red Owl, 828 East First Avenue. Motion carried unanimously. Leroux/Colligan moved to remove the liquor license application for Je She Inc. from the table. Motion carried unanimously. Colligan/Leroux moved to approve application and grant an on and off sale non-intoxica- ting malt liquor license to Je She Inc. , 823 East 1st Avenue. Motion carried unanimously. Leroux/Colligan moved to remove the off sale liquor license application for Dennis P. Bruesehoff and Thomas J. Cox from the table. Leroux/Colligan moved to approve application and grant an off sale intoxicating liquor license to Dennis P. Bruesehoff and Thomas J. Cox, a partnership, 1104 Mn. Valley Mall. Motion carried. unanimously. A discussion was held regarding the codification of ordinances and the concern by several Councilmen that the codification does not change the intent of the ordinance. Reinke/Leroux moved to table the codification of ordinances passed since 1978 and moved to have a work session on it June 9, 1981 after the public hearings. Motion carried unanimously. Cncl. Hullander requested the item about the Shakopee Obscenity Ordinance be discussed at this time as he had to leave early. The City Clerk informed Council that the person who had originally written the letter requesting a change in this Ordinance did want to appear, and she had told him to be here about 9:30 P.M. Cncl. Hullander responded that he wanted to have input in the discussion and wouldn't be here at that time. He suggested the City Attorney give his opinion now, and it could be discussed further with the citizen when he appears. The City Attorney stated that it is his opinion as an attorney that the less done with this Ordinance, the better or he would be in Court constantly on complaints and appeals. He suggests the City just amend the Ordinance to add the wordage of dis- play as being unlawful and leave the rest alone. He asked the Deputy Chief of Police to just speak to the different businesses affected by this change in the Ordinance, and feels a lot more can be accomplished by diplomacy than a hard line. Leroux/Colligan moved to remove Ordinance No. 61 from the table. Motion carried unanimously. Leroux/Harbeck re-offered 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, and moved its adoption. Discussionfollowed. Roll Call: Ayes; Reinke, Leroux, Harbeck Noes; Colligan, Hullander Motion carried. Colligan/Leroux offered Resolution No. 1849, A Resolution Establishing a Time Limit for Negotiation of Redevelopment and Assessment Agreements, and moved its adoption. Discussion was initiated by Cncl. Leroux about the letter received by the City from Sister Agnes, St. Francis Hospital, about its decision not to develop an interim parking lot because the bond market is not favorable. Cncl. Hullander asked to be excused at 9: 15 P.M. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Harbeck moved to have staff write a letter under the Mayor's signature sending it to Sister Agnes, St. Francis Hospital, expressing the City's displeasure with their decision to cease the parking lot development in Block 57, and requested that they recce sider their action and continue with the razing of presently owned properties and development of temporary parking facilities in consideration of the City's Reso- lution No. 1849 and the September 1, 1981 deadline. Motion carried unanimously. ,Shakopee City Council June 2, 1981 Page 14 Colligan/Harbeck offered Resolution No. 18146, A Resolution Adopting A Procedure For Considering Watermain Feasibility Reports, and moved its adoption. The City Admr. summarized the resolution. Motion carried unanimously. Leroux/Colligan offered Resolution No. 1850, A Resolution Awarding Bids For Kmart Landscaping and Irrigation, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. explained some of the problems the City has had regarding fence dis- putes. LeRoy Houser, Building Official, elaborated on the problems encountered and his desire to have a policy decision made by Council. Reinke/Colligan moved to direct staff to draft a fence ordinance that incorporates a permit fee of $20.00 and spelling out fence regulations. Motion carried unanimously. Leroux/Harbeck moved to authorize LeRoy Houser's attendance at a Hazardous Waste Siting Panel at Michigan State University for two days as a panel member, at no cost to the City, to be held June 9 and 10, 1981. Motion carried unanimously. Mr. Anderson :entered the room to discuss the change in Shakopee's Obscenity Code, and the City Admr. explained to him the action taken by the Council. Mr. Anderson asked for clarification of "display", if it meant the title could still be shown. The Mayor informed him that the title could be shown if the rest of the magazine is covered. Mr. Anderson expressed his opinion that he wanted the magazines behind the counter, entirely out of sight. Mr. Anderson also discussed the Public Display - Minors Law, a copy of which he had earlier given to the City Attorney, and urged the Council to adopt a similar ordi- nance. The City Attorney gave his opinion that he would not recommend a similar ordinance as he just didn't believe it would be enforceable. This Public Display- Minors Law is from Rhode Island and the New England states are traditionally more conservative and the law has never been tested by the Supreme Court. The City Atty. did not believe this law would stand a chance with any County or District Judge, the Minnesota Supreme Court or the U.S. Supreme Court. Reinke/Leroux moved to authorize the proper City officials to amend the City's Pro- fessional Services Agreement with Schoell & Madson, Inc. dated September 114, 1979 from July 1, 1981 to July 2, 1982. Motion carried unanimously. Colligan/Reinke moved to authorize Schoell & Madson Inc. to proceed with the design of the pumphouse pursuant to the Professional Services Agreement dated September 114, 1979. Motion carried unanimously. Colligan/Leroux moved to approve Change Order No. 1 for the Fencing Contract, Con- tract No. K1980-1, which provides for a revision to the class of fabric and deletes the L.P. storage fencing and reduces the amount of the contract $8,800.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux offered Resolution No. 1852, A Resolution Accepting Work on The K-Mart Tax Increment Project - Fencing, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to approve a one month extension of the City's February 13, 1981 Letter of Agreement for Planning Services with Glenda Spiotta. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. outlined the retreat setting he would like to see used for the budget process and suggested June 23, 1981 for that work session retreat. He will check out locations available. The City Admr. also explained that the City and Jackson Township were experiencing conflicts of dates to try to get together for a meeting in June. The Mayor suggested checking for dates in July. Harbeck/Colligan moved to adopt the 1982 Budget Calendar as presented. Motion carried unanimously. Leroux/Harbeck moved to deny a cigarette license for Shakopee East Apartments and direct staff to research and make a recommendation on criteria to be used in consider- ing all applications for the next licensing year, and to indicate the denial is based upon :.secluded location, dccess'nf •juveniles and lack of adult supervision. Motion carried unanimously. • Shakopee City Council June 2, 1981 Page 5 ?/ Harbeck/Leroux moved to continue the City's agreement with Bill Fahey for service during our Fiscal Disparities Appeal until such time that he does not respond promptly, and at that time to terminate his services. Motion carried unanimously. Colligan/Reinke moved to forward the review of Shakopee's Industrial Revenue Bond Policy to the Industrial/Commercial Commission for its review and response within 60 days. Motion carried unanimously. Leroux/Colligan moved the consent business to authorize the exchange of assessments receivable in the amount of $22,044.02 carried in the '74 Improvement Fund for $22,044.02 in cash from the '77 Street Improvement Fund. Roll Call: Ayes; Unanimous Noes; None Motion carried. Cncl. Leroux initiated a discussion regarding changing our publication requirements for hearings. The City Attorney stated there was nothing wrong with shortening the time requirement as long as the publication is not otherwise set by law. Leroux/Harbeck moved to direct the City Attorney and appropriate City staff to research a change in our published notice requirements that are controlled by City ordinance where we can, and shorten to 5 days the time requirement, or whatever is practicable. Motion carried unanimously. A discussion was held on the review of the City Admr. 's position and the evaluation procedure to be used. Cncl. Reinke informed Council about a situation which occurred today regarding the Hwy. 101 Watermain project, wherein Richard Knutson Construction operated SPUC equip- ment and turned off some water without having a signed contract with the City. In addition, this contractor was specifically told not to operate SPUC equipment until authorized at a pre-construction meeting. Cncl. Reinke recommended this contractor be levied whatever fine is appropriate for this action. Reinke/Harbeck moved that Richard Knutson Construction be assessed a $500 fine as per resolution for operating SPUC equipment without proper authorization. Lou VonHout, Utilities Manager, explained further the sequence of events leading up to the violation, stating that Richard Knutson Construction did not have approval from SPUC or Suburban Engineering, and in fact were Specifically told not to start construction today by Suburban Engineering, they ignored the directive not to proceed at the pre-construction meeting and did not have a Notice to Proceed. The City Admr. suggested all parties,involved document the sequence of events which occurred in relation to this violation. Roll Call: Ayes; Unanimous Noes; None Motion carried. Reinke/Leroux moved that City staff check out all other ordinances that Richard Knutson Construction may have violated with this action and have the City swear out a complaint for the violations and fines applicable, including double permit fees if applicable. Motion carried unanimously. The City Admr. informed Council that he would be participating in a mock city council meeting as a Commissioner at the League Mini Conference on June 11th. The City Admr. informed Council that $500 is allowed in the Administration budget for an intern, and through Urban Corp the City can employ an intern for $30 per week. He recommended hiring Mike Pelach to work part-time in Administration and part-time in Planning, for $300 for 10 weeks or $600 for 12 weeks. Leroux/Harbeck moved to hire Mike Pelach as an administrative intern at the rate of $30 per week. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Reinke moved to adjourn to June 9, 1981 at 7:30 P.M. Motion carried unanimously. 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Baa E °i'\ � >,a4:� a ao QI .Q c� a O s. C C a,...' a s. ea ea a as •a r, v e 0 0 , a - wO cam vcv Z -, Rs � E �cnO d � w., CC >, m m �MI<Z �' U v, .b s, 0 •N • W Q W ' +�\ d, 0,- C C co C a d CU a N x :3k>. •e0 �� • LL � cC (15 =(n m �v, ai • aUi E a c�Ui c ° a o z a- OZ�CO =0 y f..- 0.) ., 0 ., a a CD Li)6 d •n ca ab U .a..�0 os ui 0 w 'l'' ,z+. - Cl) c 2 O W .. a s Oc >-v3vclamU , C o 0 > FU". Q MINI , a .0 a ;.,,x,'1 e4,E. e 0$ 0w -�Y 0oo oI .-r 4 • 4 1pa Y ^ s. O a N• d 1)4' E. - Z3 = E ca, CU. C.0 a`4-' 0 ., (6? MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Fire Relief Contribution DATE: June 10, 1981 The City contribution required at the $1,000 benefit level is shown below. The assumptions used are: 1) No retirements; 2) No quits; 3)Actual interest earned at 10%; 4)State aid growth at 5%; and 5) a flat $2,000 administrative expense. Note: a single quit or retirement would have a major affect on the size of the City contribution. 1982 $12,264 1983 10,791 1984 7,582 1985 3,474 1986 -- Unless the law has changed any city contribution in excess of the minimum required would be subject to the city's general levy limit. The minimum requirement is a special levy. To keep the city contribution at one amount ($12,000 per year) would reduce the required contribution faster and compound the levy situation unless the benefit level is raised. For example: for payable 1983 $12,000 - $10,791 = an extra $1,209. $1209.00 divided by 387 service years = an increased benefit on the order of three dollars per year of service. GV/ljw 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 hoard of trustees shall conduct an investigation to determine ii 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 Lor 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 clays of the time when _uch 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 TRUSTI•;l:S 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 oificer 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 .t•he treasurer annually , accord- • ing to law, and shall submit a written report on the condition of the association to the members at the annual meeting . Section S . 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 OFFIMS 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 he 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 hoard 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 al] 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 he impeached and expelled from the association . He shall deliver to his successor in office , or to any committee appointed by the hoard 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 meting shall be contained in such notice . • • 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 FUNIS 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 al 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 been determined and authorized by the hoard of trustees (or the • • 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 S . For purposes of computin,; 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 elate 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 BENEFITS Section 1 . If a member of th.i•s 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 wh'o 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 shall add 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 57 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 • g 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 : c:() (a) For active duty of more than 1-£) years , but less than A years , -6-n 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 1-1 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 ifand 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 TX 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 he given by reading the same at a regular or special meeting 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 . 4+ April 2 1 , 1980 BY-1.! S ' F TIIF, SIIAKYPT'E Fl ' '•1 '! 'I . NT ; ' T,I NF AS:;flCIA`i'ICN 4 A T TT CLF ] r c T i-rJ _ -- - — -;1 c,`.� fir_ 1) S tion 1. i •n e rind Title. The name and title of this assoc.in on i rte,. ;hall e "The Shakopee Fire Department ' el:i of Association" 1c,-1 I (i_r-� Section 2. location. The place and l oc: tion of this r, sociation I- shall be the r, ... ',y of Shakopee, in the County of �c t, in the ,.,(ci lL4411tc„ • State of ':inn-,rota. Section 3. r'<>ncral luu ) lne and r p:anti on Phe r;encu,1 t i'rnose of 1 the said n i .n tion shall e to o f f�' r•, l i e f t., such o f i. is i r ctive r;l( 11' , n -s may become ri , c I rl,lllr,H , or ,+i 5;'hl c d and t., 1 pay pension f r long nervi^r. The plan of ••e: T : Ling; by rich nnirl :-r:, i n t.ion shall seek to accomplish t.:lr::.,, rn r r .ses shall be as I ' ' l 1?y moons of dues, nnnessmcnts, fin ,, donations, :,nd such nerror ations or II payment:; y be made by the State if innesotn or he r•i ty of Shakopee .in' I.hr funds thus r,•ceiv'•,l r;ny be expended for ^ny murv,ose i nuth. ize ' pursuant to and in conformity or the :;haknpee 11/- ( i.rl partment i;'elief Association. _ ,„,,r_i_ Section 4. _ tembership. Only nornnnn who me members of the vs. _ ,.'hakopee vire I enartment of said Ci. Ly rhal i be cl .ir;ible for member- ..,� ship. ri1,rl .i cant must serve one year nt,prercticeshi.p on the .f ,Z Cc= O',rrkonee } ire Pennr•tment before he in c'l i r;ibie for membership - ict.fl, I on the Shok- p: c }Fire Department ' el i.ef Association. Appiicrtion for mcnlber•shin may be at any t•et;ulnr or sneciat meeting of the Association or ' f its Board of Trustees, and then laid over for one month for consideration; at v:}ri.ch tune, a meeting of the Association ;:ill be held for the purnnse of conducting nn election. If at l.e:'nt two- thirds of the members present at such m eti_nr; vote for election of the applicant, e shall. he declared a member of the ,;oci n Li en. it.i') ,;ecti.on 5. Mucs. The dues of the .7ni.ci .•: oci •atinn Sbal1. he ',he r, _+��La I dollar and fifty cents ( 161 . 50) semi-anrl"nl. ly. January and July, 1 ie;..> paid to the secretary of said f ssociatinn. ,ny member refusing to -r .15- pay such dues ;.i. thin 30 days r fni I in g to account for any money belongin;e to srid i Association that may come into }lis hands shall be expelled fro .' r;, id Is^oci.at. inn and shall not dr•nv ' ny such benefits. .1 -. . t: .15CT:l. • —�--- Section 6. Resignation and Expulsion. - sip;nat:ion• o+ -expulsion. from �( TLL1-f: I the Shakopee Fire Department or moving fr'',11 th-e--vicinity-r)f Shakopee it CltC 3 to take up residence elsewhere shall L ; r i n ., L,, tey membership of the member so resigning, expelled or moving.; nrovi ded , however, that any member of the Association who his served at. i.!. -t----twenty (20) years as an active member of the [hak pee Fire iron:Irtrnent : Mall retain his membership in the Association regardless •,f resignation or removal, subject to payment of dues and such other' r.:L-;ul rations which may be from time to time imposed. Section 7. Membership After retirement. .'.ny member who retires from 1LLETE6 the Shakopee Volunteer Fire Department :ift r ilnvi:ig .served at least twenty (20) years shall be relieved from his obligation of paying dues but shall remain a member of said ;.ssociation. however, once retiring from said Fire Department, a rr. .,:.her rah::l ! not be eligible for disability relief from this . ssocir n. Ai<TICLE 1l ( V,}ED Section 1. Board of Trustees. The hoard of Trustees shall all be CLE fi composed of Six directors, a President, '. ice-r'r.'e:;ident, Secretary, �;i0ty Treasurer, and 2 General Trustees. All i .. ir ,ll. be elected by the membership of the Association at the- Jnnir., e • (:,•ti.rif'; and they should hold their respective officer, for the t , o f' three( )' year's. Section 2. Ex-Officio Members of the 13oard of .Trustees. Shall consist of 3 members; The Chief of the :;hakop. e Fire Department, The Mayor of the City of Shakopee, and the '' rF,aRarrer of the City -of Shakopee. i VI�t:D Section 3. Board Members. At the first eiectleh t o1. 1 owinL" the i iCt l.� adoption of these ;mcndmr.ntn, the Len ,,, i a1 tt'ur,tnen :Awl ] be elected for term of one year; The Vice-! r.:: ichent r!I1,1 the Secretary shall be elected for two years; and thy: ! re:;Ment :.rd Tr'eanurcr shall be elected for ter'.:•.n eef three ,• or:;. T;rer'e:tfter, as their respective terms of office expire, Hf Fi.cer•;; or E;eneral trustees shall be elected for three year terms of office at each- annual meeting. if a vacancy occurs Curing the tem of office of any officer or general trustee, the remaining member, of the board of trustees shall elect a member of the :'.ssociation t.-, :;e eve the unexpired term of the vacated position. rate, ). REyIstlO Section 4. Powers of the Lonrd of 'trustee:. It shall be the duty of =ftgi ' the Board of Trustees to prepare modes and plans for the safe and profitable investments of the unappropr•.i; tf:d funds of the Association, L iIPty� and whenever loans or investments ore ❑fart, , to lnvestigate and pass upon the securities offered and to attend to the far'- rirr and execution of the necessary papers. The Board shall audit the books an ; accounts of the Secretary and Treasurer annually, end ;hall submit a written eport of the same to the Association at th,r an;•ual meeting. rectionInvestments. The investments ,� L the r� WISED 5. funds f the Association Q. TcLLfl. shall be in the exclusive control of ti;, r erd of `;'rustoen and c i et.;5 two-thirds majority vote cf the membership; in cnnfr,r•mance with 6 State Statutes and subject to the appr•uv;, i f the :ity Council of Shakopee. ARTICLE III j;(.7. Section 1. Duties of President. It r:ho' be the ,tuty of the 1'r•esident w ILLS I1v to attend and preside at all meetin,•.s of the . soociation and of the f_`TZC'tJ l Board of Trustees. r:e shall enforce the -qua observance of the Articles of Incorporation and the uy Lar.s, and :;f, t•:ot the officers properly perform the duties assigned to them. He ::ir ,1 1 r:i, ;:l I. checks issued by the Treasurer and all other papers rc ,. : r:;; :: i.:_, signature. lie shall be a member of all comoaittees xce i. t.i:e Aid Committee and shall. exercise careful supervision over the ;if :airs of the Association. Section 2. Duties of Vice-President. IL :;hall be the duty of the (At14 Vice-President to perform the duties of th President in his absence. In the absence of both the President and .: i.ce President, it shall be the duty of the Association to elect a i.reeident I'r.•o Tem, who shall perform the duties incident to the office. Section 3. Duties of Secretary. It :;h : I ! the Ly of the ;;ccrutary i \ iii=f� _ to keep a true and accurate record of the pr wcedi.r:t;s ef• all rneeti.ngs of the Association and the Board of Trustees. ;1e shall- keep a correct record of all amendments, alterations an:; edditionr; to the Articles uhf= of Incorporation,c)3y Laws 4 -r. ^r ---of -usi ness i.n a neper•ate book from the minute books of the Association. "e ;;hall cause due notice of all special meetings of the Association ;and of the board of Trustees to be given. fle shall receive all monies rine the a.s::ociation and pay the same over to the Treasurer, tak4 aig :l receipt f' r the same. RFailing to do so he may be impeached and expelled from the Association. He shall keep a roll of membership, with the: dntet'joining, resignation, 1�1jL -�_IL -9..4 ctrel discharge, dues and assessments paidrre1 i c f or pensions furnished. His books shall 1Pe at all times open t' Lha, inspection e-P the Board of Trustees. . 4, Prior o entering upon the duties of hic office, Live- a Bond in the suun_of 9;2000 and with ouch euroties as may be required and approved by the Board of Tru: tees; conditioned upon 1 the faithful discharge of his trust„ re 'i the full performance ef the duties of his office. Such Bond will be • .ii_d for from the funds of the Special Fund of the .'•snociatiorr. i,;,ll. ei ':n all orders fur payment issued to the Treasurer( Thu Secretary shall receive such salary as may be fixed from time to time by t!.(! Hoard of Trustees, subject to the approval of the Association melr.tcrs` i p and payable from the Special Fund of the Association. Section IV. Duties of Treasurer.Itshall be the duty of the Treasurer to receive from the Secretary all r o-nie s heloneine to the Association o ILL and hold them subject to the order of the President and countersigned 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 det led statement of the assets and liabilities of each fund separately,'prior to the annual meeting of the Association.Failing in his obligations, he maybe impeached and expelled from the Association. lie shall. deliver to his successor in office, oryeany committee appointed by the Board of Trustees to receive the same all monies, books, � papers, e-tctl, pertaining to his office immediately upon the expiration of his term of office. He—s-hale1-2-54 . prior to entering upon the duties of his office .g , p °,r, give a -bond in tin: stxn-o-f--42900• and with such sureties as may be required and approved by the Board of Trustees; conditioned :pen the f; i. thful discharge of his trust and the faithful performance ,f the duties of his office. Such Bond will be paid for from the : rocio, l Vund of the ^.sr,oc_irct; can. de shall receive such salary ;as aaay be f.i. - i t r•nm t Lie t') firs: by the Board of Trustees; subject to approve ! f Ler issociation membership, and payable from the Special ind of the Association. 0 • Section V. Duties of the Aid Commitee. There shall he an Aid Committee i\e1/4.2 L 0 _- Composed of the Vice-President and two other members of the Association, T I :l L,_�I( who may or may not be members of the Board of Trustees, appointed by the. President. The Vice Pres dent .;hall be the chairman of this s committees who3e-Jties- Sha11 be to e. that arir'lstan ce. i& rendered to each sick or disabled member, and to Lhu survivors of any deceased member. Section VI. Misconduct. No officer of this Association may be removed, or any member there of expelled except, by two-thirds vote of all the .)i_c i icr:j members present and voting at any meeting of the :;nid Association, called for the purpose of taking actinn upon the natter, but no officer shall be removed nor any members ' : pelled, 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 rn( t.1ni of the Association and put in his defense to the same. ARTICLE IV \L \,' i "--' Section I. Semi-Annual Meeting. The semi-annual meeting of this \rt i iL(..E., . Association shall be held at the Shakopee Fire Station in the months -) e--,-10,; I of January and July each year. immedintei ;j niter the Fire DepartmQnt 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 busin ss, shall be held during the January meeting of each year. Section . Board of Trustees. r67k.LF 11The Board of Trustees shall meet four (4) times during the year. {t iLti :) Section 4. Special meeting. Special meeting, of the Association hnd the --- Board of Trustees may be called by the President, or two members of the Board of Trustees, and shall also he called upon written request H _3 of six or more members of the Association. :'embers or . osrd of Trustees shall be notified by the Secretary of such special meetings, and the object of the meeting shall be stated in such notice. 1 Section Quorums. A majority� of the Hord of Trustees then in office, TV_ and forty percent (10%) of the members, of the Association shall " reNy constitute quorums for the transaction of business at their respective meetings. Less than a quorum may adjourn n ;i meetini; toa future time, which the Secretary shall make known to he affected members. Section 6. Order of Business. All mectir,,, shall be conducted according to Roberts Rules of Order, as revised. .4 1 . Call to order 2. Reading of the 'minutes ofp revioio- 3. 't'reasurer' s Report. 4. Reading of reports and minutes of Loa:..! meeti nils. 5. Propositions for membership. 6. Reports of special committees. 7.Balloting for members. 8. Unfinished business. J9. Election of Trustees, (Annual P;eetir.!;) 10. Miscellaneous business. 11 . Roll call. - - _ ARTICLE V .....,,��',,,h Section 1. Membership. Any ! ers ,n beco Hir a r i;ul or member of the i c •„ 0c0 Shakopee Fire Deportment .:i,;.] I be i i i i.. t - . c: e o member of this hr,'; ictsL Association. The manner of cl , ti a t i� i.r, -;l: oil be by receiving two thirds vote of the members precenI , -incl upon taymr.nt of ;>3.00 membership fee and the dues provided in: the i;y Laws. Such membership shall commence upon his ( lection. /.11 applications shall be made to and approved by the Assoc-i.nLi :.. Section 2. Dues. Each member shall n;,,7 t.::. ociation aru:ual dues of . payable on or before January of , y _ r . ' Section 3. Failure of paying dues. :',r17 me },c;r• of the ...,rxOcirct.i[an who fails to pay his dues to the Asroci; i. i nn w . inin thirty rty ( y)) (Hy:: f the time when such payment was due, „t:n H: ,c nd,•,i from :nornbcrrl:tp and forfeits all rights and benefits the reund r by rich non-payment without any action by the Association , or by ;;:;y ' Section 4. Penalty of Fraud. Any mowber : ra6a, r . • Section 5. Fines. Any members of said ',ssociation 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 that he v!ould have been requi.r. d to pay to the Association dur'inc the period of suspension, had he not been suspended; plus a reinstatement fee of $3.00 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. ';' , _ 3 Section 7. Monies of Special Fund. No money or funds of the Special , , i.ieA/ Fund of the A sociation shall be disbursed except for those purposes , specifically authorized by State Statues. Section 8. Tonics 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 t;,i,Jy' • submitted in writingand no report from a committee shall be accepted "L'�5 unless it be the report of a majority of a committee; provided however that a minority shall always be permittr,d t ) present its views in writing. ARTICLE V I• • 1, . Section 1. General and Special Fund. The property and money of the 10.A: 1 Association shall b-' divided into two(2) nepc:rrtte and distinct funds; one, the sencral fund to which shall be credited n11 monies received from membership •!ues 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 ;,tate of Minnesota, from the City of Shakopee, and I • ra6C,U. 6 - \ also any other money placed therein be resolution of the Association, provided that a1.l Interest and dividends on mere:: loaned or invested from tLis fund Hir ).1_. b. added to and become part of the same fund. All benefits to eembces or survivors of members and all operating expenses of the ssociation shall be paid from the Special Fund. .,: r_n 1 Section ,R, Disbursements of Fund. No disbursements of funds of the e; 1• •e�E `r Association shall be made by checks drawn by the Treasurer and counter— ;,m�"3 signed by the President; except v:hen issued for rolar.ies, pensions and other fixed charges the exact amount of '.:hick has previously beep determined by the hoard of 'Trustees'and the members.. No check shall be issued until the claim to which it relates has been approved by the Board of Trustees. .\,_ e-) Section �„`/ ..eponi tn. All money belonging; to this Association shall be " ' ' `"`,k, deposited to the credits of the .Association in such banks, trust i1c'! r ,s_ .J.:.,a.,:e ,. ..l ltr -• u ,, . t_.-. 1•,.. companies for other depositories as the Voorcl elf 'Trustees may designate. ARTICLE Vsl l (,"-it"'() Section 1. y' plication for t�elief. All app! 1c• ti ens for relief or ,,, ‘1 pension benefits shall be made in writing en forms furnished by the ` Secretary. Section 2. j.ppiicrltion for Disability. All aprel ietions for disability 44' benefits shall be submitted to the Beard of Trustees at a regular or special meeting of the Board. The application ;hall. be accompanied by a certificate from the attending J'h,ysi.cian 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 figimter. 'f:he Disability or sick benefits applicable - ` . nnl-y--i-f--caused in -the performance of a duty as fireman. Section 3. 1)i :;rrbi.l.ily Fonefits. Appl is- tionr, for disability shall be .i.--,.j t,,, made by or on behalf of the --applicant within ten(10)_days after the _ LA- 3 disability, commences and no disability benefits shall be paid- ,for a period covering more than ten(10) days, before the application is N. made. 3 . - t) Section ,' . ` Application for Pension. All app l i ce tions for pensions shall be submitted to the board of Trustees at a regular or special e.1, t e meeting of the Hoard. Applications shall be verified by an oath of w the (, > ' S of 2Y�l/ applicant and shall state the age -of the applicant, the pexiodc of ser ice in and the date of retiremen.t from)the ;;haknpee Fire Department, the Page,9. '" c length of time lie has been a member of the Association and such other information as the Board of Trustees may require. . L'I t; Sec tion k _,pproval of Benefit and Pensions. Po benefits or pensions r, L.J shall be paid until the application therefor has been approved by a majority vote of the usoard of Trustees. uecisions of the Hoard 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. (L..'_Tr LC ,t-/�Y - /--_ A RTI CLE - =i±I . ��__ .6-:;:t--..5—: u'ti�j/ --- 17 1 'I -' Sectio -';ick and Disabled. Each member of the Association, 11 Q 1. .,__ 0.( except those on be- red pension roll , who is sick or disabled to the extent that he is unable to--frform the duties of his employment and who is under the care of a PhysicI-a.n , for a period of ten (10) consecutive days o;• more, shall be entitled to a benefit of 820.00 per day commencing with the first day of such sickness-or disability, but the total of-'such benefits paid to any one member shall not exceed 83500.00 in -any one calendar year (26 weeks) . Disability or sic'k benefits applicable only if caused in the performance of a duty as '\ r fireman. i �� ;-\ ` Section 'a. ' Permanently Disabled. If a rne�r•ibe:r or this Association shall 7777,7T become totally and permanently disabled l ,, thr extent that a Physician C"" or Surgeon acceptable to the Board of Trustees shall certify that such disability v:il.l permanently prevent said member fror.; performing his duties in theShakoipeeire Department, the \speciation shall pay to such member s- nrescri,- ed� in Article Ix - Section 2lfor each year that he has served an an active member of raid Fire Department. If a /member who has received such a disability pension should subsequently , recover and return to active duty in the ;::hakopee ! :ire Department, any amount paid to him as a disability pension shall be deducted from it < < < ,'' his -re tirrmen•t pen:;:/ on. > �1<1 �(' _._ A1;TICI,E•-I X - V Jam.-- ti w -4.' - rx j(1) Section 1. Death, Benefits and Pensions.- Upon the death of any member of -L-7,11- the said Association who is in good standing at the time of his death, the Association shall pay to the surviving spouse, if any, and if no surviving spouse , to the surviving child ,r children, if any, and if no child or children survive, to the estate of the deceased member as 4` Page,10. prose-ri-bed 1-n-A-rt:icl.e- IX - Section 2 for each :(,: i• that he .served as an active member of the .haknpce Fire Department. \ Lt1 17 Section 2. Pension. -`1'he Association� ociation shall pay to each member who shall have served'"�s�i� `i'cl':•�-�,.��.tL/.cr, rr•iy in th `5hakopee 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 leant ten (10) years, the sum of 0 for each year that he has served ; an active memb-=r of I said Fire Department. These payments t i ncrea:;e increments of $401 each year for 5 Years- 1979 - U540, 1980 - 580, 19R1 - '5620, ______2>-_, 1. 1982 - $660, and 1983 - `.5700. r=0:271 &:;) Section 3. Deferred Pension roll.If a member of this Association shall •have served in the Shakopee Fire Department for at least twenty (20) years, but has not reached the age of fifty ( 50) :;ears, he may retire from said Fire Department and be placed on the f'eferr•ed pension roll; J- when he reach the age of fifty(50) years, and provided that at that time he has been a Imemb.e.r_ of the Association for• i t least ten (10) `-e-v c k-a<-4:- 4.. ,ZfG..-tr t'Ti_- -- ` , ., Cl 1+. c. r Pte,. _ years, he s a.11 psis-aa-p-r-ese-robed _in Article .IX, _Section---V. for ' each year that he served as an active ©m e lof� said Fire Department. /During the timethat a member is on the deferred pension roll,- the , �,,✓� Association shall add to the amount rnyrrhlr to such member interest, ' c,,,y.44:' compounded annual].y,at the rate actually earned on the assets of the rr `��,` - Special Fund, but not to exceed 5% per year. .Such member shall be paid, t when he become eligible to receive his pension , the amount which was payable at the time when he was placed on the ''eforred pension roll, `with added irltere„t.lDuring the time any member is on the deferred L 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. i' ; i-o , Section 4. Lump Sum Pension. Any member of this Association who is eligible to receives lump sum pension may make an irr•evocalbe election :„,k_c--,) that such pension shall be paid Le 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 •instal.lment election , or to his survivors. .... / 1 42,1A-4- \ r,/ L\ 6 ARTICLE ' Section 1. The By Laws of this Association iiay 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 I 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 snpercede all previous constitution and By Laws arnd amendments thereof of this Association and shall be effective as of April 21 , 1980 •• ... ,LuuLL 1 - - COMPUTATION OF BENEFIT LIABILITY OF RELIEF ASSOCIATION SPECIAL FUND (at S of service) FOR ALL MEMBERS BASED ON THEIR YEARS OF SERVICE AS ACTIVE FIRE DEPT. lEMBERS 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 zs _ 2 s zr., 2- , voce :- C, r'c-,/`/ illotier- - 1lCv /o- =B I 23 22 (' L`( 2-N 00 e., /t�''1c 60ua+'N ,. 1..e- S-41 �- �'p 2 N 2`1 t'U Z oo p 4 i'(‘?le t. TJA .H 1 /1"-e `7 1 22 o ZS r Y Z , c f t),( 0t ''--rf- ig o/-(oo I L2 ? 2 ( n ') L J Z3 000 ,, r ,,,,- `J ,j,)/•,•ice %l'1 -21.-&-i I 2-0 1 L J O Z/ 2-1 O o 0 7 �7 1 J � r- ,- I i�� i7 / � �/yo �r,�: �.F, 4' %H ?-G-S /7 r r� 9 % 2 , iv Ito )1l �.fo -10 ,-s t, _-_,..•D /- lo$ ;N ', I S ll /`� aHo 1, /2 ONO 4, -, ,, .3F 7- 70 /1 i s '' Z 13 /�', .70e 20 7-72. I y w o 141 (vim / ,',f_, , GF,1 r 1e. 2 / lO-?7 I e ' r, � � j.0 rr, ,.,r. , - 1 roan 15 .`/' -r "4,1:1/,). 2� �- i3 7 (p(o 00 17 -� A I - z- 7:.; I F I , • . 19 r-- L', ,r.) R - ',-% I °/ —5.3til r.� , / ) -t --(..-0 0 O -;'F' Z- _ !�0 ; 2(000 -nom t s . . < �a 3- :6 - i '',1 ".' I --- ZCovo e, - ,., 1 7- i`, 7- -'1') / 900 rt)� Z-0 - G -) I Z l 2 '10 0 ,., r,. a ' 2-Y/ 1 1 z iZNo•� r_pY , ,, 'r -E tJe�J 't f, i- e - _, oo • -s (c1 u ---A- CP 0 O .15 — TOTAL OF DEFERRED PENSIONS, IF ANY TOTAL OF uNPArD INSTALLMENTS, ' TOTAL OF EARLY VESTED PENSIONS '' Au ACCRUED LIABILITY THRU NEXT YR (total , col 7) - 0 F 3 €o B. ACCRUED LIABILITY THRU THIS YR (total , col 5) 2 7 2, ) -) > 27 3(c0 C. SUCTRACT L. B FROM L. A. (normal cost; enter `sere ' on L 6 , SCH III)• 30 c.)2....0 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 t'.-,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 paid on unpaid pensions , add interest for 1 year in col . 7 A copy of these schedules must be presented t0 the City Council before Aug. 1 eac;i year. • _ SCHEDULE II PROJECTION OF RELIEF ASSOCIATION SPECIAL FUND ASSETS TO END OF THIS YEAR, (DEC. 31, 19fL) ASSETS AT JANUARY 1, 19 k/ (this year) 1. $ 1T7 2-2 ANTICIPATED INCOME TO END OF THIS YEAR a) Minnesota State Aid b) Receipts from local taxes __Lc) &o?- c) 02c) Interest on investments i ' d) Other income TOTAL OF LINES a-b-c-d 2. 4 s 3 7c BEGINNING ASSETS PLUS ESTIMATED INCOME FOR THIS YEAR (L 1 + L 2) 3. $ 232 c9c ESTIf1ATED DISBURSEMENTS THROUGH END OF THIS YEAR e) Pensions 4-/-2 f) Other benefits g) MSFDA or VFBA dues , if any h) Administrative p, overhead o00 TOTAL OF LINES e-f-g-h 4. $ L/ g 000 PROJECTED ASSETS AT END OF THIS YEAR 12/31/ (L 3 _ L 4) 5. $ 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 " ! ? /7 7g s 2 years ago )— =2-6- , 52- v 3 years ago 111110101131111 TOTALS y8 -{- Z3 q2 + = 72. 7 '91 TOTAL 3 YEAR INCOME $ 72 -29‘/__ .÷- 3 = $ - f &`/ =— -32 (no. of members) _ $ '73S (a4 CERTIFICATION OF SPECIAL FUND REQUIREMENTS STATE OF MINNESOTA ss ,19 COUNTY OF , President, , Secretary, and , Treasurer of the Relief Association ,, eacW for himself acknowledges and states that the accompanyTrtg schedules have been prepared in accordance with the provisions of the Vol - unteer Firefighters ' Relief Association Guidelines Act of 1971 , as amended; thatthe schedule 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 • 115-tart'(public Tvcorcissior expires V ,19 - - Treasurer DATE: June 11, 1981 CASE: PC 81-17P ITEM: Final Plat of A & G 1st Addition APPLICANT: James E. Allen LOCATION: Section 12 of Twp. 115, Range 22 (east side of County Road 89 about 1/2 mile south of Highway 101) ZONING: I-i Light Industrial LAND USE: Vacant AREA: Approximately 7.5 acres APPLICABLE REGULATIONS: Section 11.32; Chapter 12, Subdivision Regulations CASE HEARD BY PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CITY COUNCIL ACTION: June 16, 1981 Proposal: The applicant is requesting final plat approval of a two lot subdivision at the above location. The plat consists of lots slightly over 3.5 acres in size. Land Use Compatibility: Surrounding Land Uses: North -- Vacant South -- Light Industrial East -- Light Industrial/Heavy Commercial West -- Hanson's Ranch Land Use Plan: Light Industrial Flood Plain: Located above the 100-year flood plain. History: A & G Industrial Park 1st Addition received preliminary approval from the Planning Commission on July 12, 1981 , subject to the following conditions: 1) Favorable Title Opinion of the City Attorney; 2) Park dedication be in cash; 3) Access to County Road 89 be limited to one joint access for the two lots; 1 ) Soil tests which demonstrate the suitability of the soils for septic system be submitted for both lots before final plat approval; 5) Gas line easement be included; 6) Delete "Industrial Park" as part of the name for the development. MEMO TO: John Anderson City Administrator FROM: Don Steger City Planner RE: Final Plat of A & G 1st Addition DATE: June 12, 1981 At the Planning Commission meeting held June 11, 1981, they recommended the Council give final plat approval to A & G 1st Addition. Attached is the case report on A & G 1st Addition and the resolution which approves the final plat, subject to the conditions so noted. Action Requested: City Council offer Resolution No. 1865, A Resolution Approving The Final Plat Of A & G 1st Addition, and move for its adoption. jiw Attachments: Case Report Resolution No. 1865 Final Plat PC 81-17P June 11, 1981 A & G 1st Addition - Final Page -2- The City Council gave preliminary plat approval with the same six conditions on July 17, 1979. Due to delays, the final plat was not submitted for review during the one year time frame for plats. However, at the February and April 1981 Planning Commission meetings, the applicant requested an extension for the final plat application which was granted at the April 9, 1981 Planning j Commission meeting. The City Council approved the final plat application extension at their April 21, 1981 meeting. Both plat extension approvals were granted with a deadline of July 17, 1981. Considerations: 1. The I-1 minimum lot size requirement for lots without City services is 20 acres, however, the proposed lots are only 3.5+ acres. Because the platting process began prior to the adoption of the existing ordinance and because the proposed lots conform to the previous Ordinance, the lot sizes are acceptable. The proposed lot sizes are sufficiently large to accommodate on-site utilities and also meet the I-1 setback requirements. 2. Soil tests have been conducted which indicate that a properly designed, installed and maintained septic system should provide good service. No problems due to soils are, therefore, anticipated. 3. Access to the proposed plat is directly from County Road 89. So as to control the number of access points onto the county road, one access serving the two lots has been required. 4. Conditions Numbered 4, 5 and 6 of the preliminary plat approval have been satisfied. 5. The proposed plat is compatible with adjoining land uses in the area and in conformance with the Land Use Plan and Zoning Map. 6. The signature block of the final plat is in error and needs minor corrections. 7. Twenty foot utility and drainage easements have been indicated around the periphery of each proposed lot. 8. The land is relatively flat, thereby permitting the full use of each proposed lot for development. 9. A drainage report has not yet been prepared by the applicant. Therefore, an approved drainage report must be a condition of the final plat approval. In addition, any easement required for the detention of storm water must be dedicated on the final plat. PC 81-17P June 11, 1981 A & G 1st Addition - Final Plat 7 Page -3- Staff Recommendations: Staff recommends final plat approval with the following conditions: 1. Approval of a Title Opinion by the City Attorney; 2. Park dedication be in cash; 3. Access to County Road 89 be limited to one joint access serving both lots; 4+. Execution of a Developers Agreement: a. A drainage report and plan be prepared by the applicant and approved by the City Engineer. Any easement required for the detention of storm water must be dedicated on the final plat. 5. Individual septic systems be utilized on the lots; 6. The signature block be changed to conform with County Recorder requirements. Planning Commission Action: Recommended approval subject to the following conditions: 1) Approval of Title Opinion by the City Attorney: 2) Park dedication be in cash; 3) Execution of a Developers Agreement a) Construction of storm water detention facilities according to plans approved by the City Engineer. b) Access to County Road 89 be limited to one joint access serving both lots; c) Individual septic systems be utilized on the lots 4) Easements, determined necessary by the City Engineer for the storm water detention facilities must be dedicated on the final plat; 5) Signature block be changed to conform with Subdivision Regulations. City Council Action: DS/jiw • . 77. RESOLUTION NO. 1865 A Resolution Approving The Final Plat of A & G 1st Addition WHEREAS, the Planning Commission of the City of Shakopee did on June 9, 1981 approve the final plat of A & G 1st Addition 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, LET IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of A & G 1st Addition, described as follows: South 330.46 feet of the North 984.30 feet of that part of the West one-half of the Southeast one-fourth and the South 330.46 feet of the North 984.30 feet of that part of the West one-seventh of the East one-half of the Southeast one-fourth of Section 12, Township 115, Range 22, lying East of the centerline of County Road 89 be, and the same hereby is approved and adopted with the requirements that: 1) Approval of Title Opeinion by the City Attorney; 2) Park dedication be in cash; 3) Execution of a Developers Agreement indicating: a) Construction of storm water detention facilities according to plans approved by the City Engineer; b) Access to County Road 89 be limited to one joint access serving both lots; c) Individual septic systems be utilized on the lots. 4) Easements determined necessary by the City Engineer for the storm water detention facilities must be dedicated on the final plat; 5) Signature block be changed to conform with Subdivision Regulations. 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 Developers Agreement. Adopted in session of the City Council of the City of Shakoee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: Approved as to form this day of , 1981. Acting City Clerk City Atorney V 7 RESOLUTION NO. 1865 A Resolution Approving The Final Plat of A & G 1st Addition WHEREAS, the Planning Commission of the City of Shakopee did on June 9, 1981 approve the final plat of A & G 1st Addition 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, LET IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of A & G 1st Addition, described as follows: South 330.1+6 feet of the North 984.30 feet of that part of the West one-half of the Southeast one-fourth and the South 330.116 feet of the North 9811.30 feet of that part of the West one-seventh of the East one-half of the Southeast one-fourth of Section 12, Township 115, Range 22, lying East of the centerline of County Road 89 be, and the same hereby is approved and adopted with the requirements that: 1) Approval of Title Opeinion by the City Attorney; 2) Park dedication be in cash; 3) Execution of a Developers Agreement indicating: a) Construction of storm water detention facilities according to plans approved by the City Engineer; b) Access to County Road 89 be limited to one joint access serving both lots; c) Individual septic systems be utilized on the lots. 1+) Easements determined necessary by the City Engineer for the storm water detention facilities must be dedicated on the final plat; 5) Signature block be changed to conform with Subdivision Regulations. 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 Developers Agreement. Adopted in session of the City Council of the City of Shakoee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: Approved as to form this day of , 1981. Acting City Clerk City Atorney MAY 1 5 1981 CITY OF SHAKOPEE May 14, 1981 The Honorable `,falter Harbeck Mayor, City of Shakopee City Hall 129 East First Avenue Shakopee, Minnesota 55379 Dear Mayor Harbeck: Please accept my resignation effective immediately as a Commissioner of the lndustrial/Commercial Commission . Other committments have made it impossible for me to continue in this role . My thanks for allowing me to serve the City of Shakopee in this capacity. Regards, ' ),/- /// / GLEE e921-12)1,2r72 Pia ,jo4ie R . Henderson M rh r g °I--- Resolution No. 1853 A Resolution of Appreciation . To Marjorie R. Henderson WHEREAS , the Shakopee City Council did create an Industrial . and Commercial Development Commission in August of 1978; and WHEREAS, Marjorie R. Henderson was appointed .to said com- mission as one of its original members ; and WHEREAS , Marjorie R. Henderson -has served as Chairwoman of said commission since its inception; and WHEREAS, Marjorie R. Henderson has served unselfishly and has dedicated many hours to the efforts of the Industrial and Commer- cial. Development Commission. NOW, THEREFORE, BE IT RESOLVED THAT THE SHAKOPEE CITY COUNCIL, does hereby extend to Marjorie R. Henderson the deep appreciation of the City for her years of civic interest and dedicated service to the community. Adopted in adjourned regular session of the City of Shakopee , Minnesota , held this 16th day of June , 1981 . Mayor of the City of Shakopee ATTEST: ebb I :iii _ __ Cie ori: Approved as to form this day of —__ — - , 1981 City Attorney - Fb MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Payment of Link Award — C . I`j Rat, +9r n91� ►,t DATE: June 4, 1981 Introduction: The City has previously paid the judgement order on the Link lawsuit in the amount of $148,088.60. However, the financing process intended to be used in support of the payment can not be used. Background: On January 27, 1981, Council moved to pay the Link judgement based on a staff recommendation of paying the award out of the General Fund with monies borrowed from the PIR Fund. Council further amended the motion by including that the City can levy a special levy on October 10, to pay for the judgement and replace the borrowed PIR monies. "Hullander/Lebens moved to accept the staff recommendation for interim financing to pay the award ordered on the Link lawsuit, which is to use the unappropriated PIR Funds with a present balance of approximately $190,000. Leroux/Hullander moved to amend the motion to include that the City can levy a special levy on October 10 to pay for the judgement against it and replace the borrowed PIR Funds. Motion carried with Colligan abstaining. Roll Call on entire motion: Ayes; Hullander, Lebens, Reinke, Leroux, Harbeck Noes; None Abstain: Colligan Motion Carried " Upon further research in preparing for October 10th and recording the transactions involved with the judgement, it has been determined that the City cannot special levy the award as a judgement special levy because it was not a tort action. After consultation with the City Attorney, Assistant City Attorney, Robert Pulscher, and Tom Hay there appears to be the following alternatives. Alternatives: 1. Simply pay the award out of the General Fund. 2. Simply pay the award out of the Capital Equipment Revolving Fund, (change in policy) . g John K. Anderson, City Administrator June 4, 1981 Page 2 3. Borrow monies from PIR to the '77 Street Improvement Fund(#54) . Change the award as additional construction costs to the Improvement Fund (using borrowed monies, not debt service monies) . Issue additional bonds to cover the additional costs (award,legal and issuance) and thusly repay the PIR Fund. The bonds would be supported by a levy which is an allowable special levy (under current law) . The bonds can be additional 429 assessment bonds. 4. Same as #3 but using Judgement Bonds. These, however, would probably draw more attention to the circumstances surrounding the issue and would probably not have a favorable affect on the market. Recommendation: # 3 is the consensus of staff, Mr. Pulscher and Mr. Hay. Action: Move to amend Council action of January 27, 1981 by charging the Link award of $148,088.60 to the '77 Street Improvement Fund, borrowing those monies from the PIR Fund and direct staff to initiate the process of issuing additional tax levy supported assessment bond to cover the award and costs and thereby repay the PIR Fund. GV/l.jw c. n DORSEY, WINDHORST, HANNAFORD, WHITNEY a HALLADAY HENRY HALLADAY THOMAS 0 MOE 2300 FIRS T NATIONAL BANK BUILDING JAMES A.FLAD£R THOMAS D VANDER MOLEN JULE M HANNAFORD JAMES H.OHAGAN DAVID L BOEHNEN - MARK A JARBOE ARTHUR B WHITNEY JOHN M.MASON MICHEL A.LAFOND PAUL B KLAAS RUSSELL W LINDQUIST LOREN R KNOTT M I N N E A P O L I S, M I N N E S O TA 55402 DON D.CARLSON MARGERY K OTTO DAVID R BRINK PHILLIP H MARTIN PAUL J.SCHEERER RONALD J BROWN HORACE HITCH REESE C JOHNSON WILLIAM J KEPPEL MARC L KRUGER ROBERT J JOHNSON CHARLES J HAUENSTEIN (6 I2) 340-2600 FRANK H VOIGT CATHERINE A.BARTLETT MAYNARD B HASSELOUIST CHARLES A GEER WILLIAM H HIPPEE,.1R DAVID J L'UBBEN PETER DORSEY JOHN C ZWAKMAN GEORGE P FLANNE RY JOHN R.WICKS CABLE: DO ROW ROBERT A.BURNS BRUCE J SHNIDER ROGER J.MAGNUSON GEORGE G.ECK CUARTHUR TIS L ROY EUGENE E 1YEISBE H(i JOHN W L L JOHNSONJOHNSOT.JP TELEX:29-0605 PETER 5.HENDRIXSON DARRON C KNUTSON JAY F COOK BARBARA B FARRELL DUANE E JOSEPH MICHAEL PRICHARD TELEC 0 PI ER:16121 340-2868 STANLEY M REIN LENZA MCELRATH,JR JAMES B VE SSF.Y JOHN P VITRO CHARLES L POTUZNIK MARIANNE D.SHORT WILLIAM A WHITLOCK WILLIAM R.50TH EDWARD J SCHWARTZSAUER RICHARD G.SWANSON 880 W-FIRST NATIONAL BANK BLDG. DENDENNIS L BURATTIENDORMICHAEL E.REESLUND THOMAS M BROWN FAITH L.OHMAN ROBERT P ELIZABETH A GOODMAN ST. PAUL,MINNESOTA 55101 ROBERT L MOBBING MARIANNE E.DURKIN CORNELIUS D.MAHCNEY,JR.DAVID A RANHEIM BARRY D.GLAZER JOHN K E:LINGBOE WILLIAM C BABCOCK ROBERT JiSILVERMAN 16121 227-8017 IRVING WEISER ROBERT J DWHER,JR. THOMAS S ERICK50N THOMAS R MANTHEV STEPHEN E GOTTSCMALK BRIAN L NORDWALL MICHAEL E.BRESS WILLIAM R HIBBS KENNETH L.CUTLER BRIAN E.PALMER RAYMOND A REISTER PHILIP F.BOELTER IIS THIRD STREET SOUTHWEST OWEN C MARX MICHAEL T WESTERMEYER JOHN J TAYLOR WILLIAM B PANE ROCHESTER,MINNESOTA 55901 .D ROBERT HIBBS WILLIAM J HEMPEL ROBERT A.HEIBERG DIANE DEP GILLIGAN JOHN S HIBBS JOHN D KIRBY 15071 288-3156 MICHAEL E.MURPHY DIANE 0.MALFELD GARY M.JOHNSON DEBORAH S.KLEINMAN ROBERT 0 FLOTTEN ROBERT A SCHWARTZBAUEH JOHN 0 LEVINE DAVID N.FRONEK ROBERT G.BAYER WILLIAM J.BERENS SUZANNE B VAN DYKILL JAMES D.ALT ROBERT J SiRUYK THOMAS w TINT HAM 312 FIRST NATIONAL BANK BLDG. STUART R.HEMPHIu. MICHAEL A OLSON JON F TUTTLE WAYZATA,MINNESOTA 55391 J DD VID JA LANTZ LAWRFY W JOH NOON EMCRY W BARTLE 16121 475-0373 STEVEN F WOLGAMOT THOM5 AS HAS WILLIAM A JOHNSTONE G LARR''GRIFFITH STEVEN K.CHAMPLIN J MARQUIS EASTWOOD OF COUNSEL CRAIG A BECK MICHAEL J RADM[R EDWARD J PL RIMER WALDO F MAROUART DAVID 1 MLCUSK r1 MICHAEL TRUCANO JAMES E BOWLUS JOHN F FINN June 2 , 1981 RECEIVED JUN 4 1981 Greg Voxland Director of Finance C�� OF �AK®PEE City Hall Shakopee, Minnesota 55379 Re : Link Brothers , Inc. v. City of Shakopee Dear Mr. Voxland: I have received and reviewed the Findings of Fact, Conclusions of Law and Order dated August 8 , 1979, and the Order dated October 17, 1979 , issued by the District Court in the above matter. As I stated to you in our phone conversation last week, the best and correct view of the matter is that the amount required to be paid to Link Brothers , Inc. by the City is an additional cost of the local improvement with respect to the special assessments that were levied. In our opinion the City does not have authority to pay the amount in question from the bond sinking fund to which the special assessments were appropriated, but may be financed either by issuing more general obligation improvement bonds pursuant to Minnesota Statutes, Chapters 429 and 475 , or judgment bonds pursuant to Chapter 475 . These improvement bonds would be made payable from such sinking fund, and the taxes levied in any resolution for the improvement bonds could be induced or cancelled annually if the City determined that a surplus existed in the sinking fund. In this way the judgment could indirectly be paid from the assessments pledged to the sinking fund. Very truly yours , e7"---- Thomas S. Ha TSH:lmz JULIUS A.Go .LER, 1 r JULIUS A.COLLER ATTORNEY AT LAw 612-445-1244 1859-1940 2 1 1 WEST FIRST AVENUE SHAxOPEE, MINNESOTA u RECEIVED Junee 4, 1981 JUN 5 1981 CITY OF sHAKOPEE Mr. Gregg Voxland, City Treasurer Shakopee City Hall Shakopee, Minnesota 55379 Dear Mr. Voxland: The following question has been raised before and I did give a verbal opinion, but not to you. The question, as I understand it, is:how can the City replenish the general fund in an amount withdrawn to pay the judgment of Link v City of Shakopee. The Link dispute, as you will recall, resulted from a special assessment against the Link property for special improvements, at least 20% of which was assessed against the benefited property. As a result of the evidence adduced at the trial, judgment was entered against the City of Shakopee and this judgment was paid out of the general fund. The statutory provision that would permit the replenishment of this fund from the proceeds of the General Obligation Bond Issue without an election may be found in MSA 475.58, Subd. 1(3) . If you have any further questions, please contact me. Very .truly_ yours, Jul' s A. Coller, II , JAC/bpm City Attorney • r RESOLUTION NO._1790____ A Resolution transferring Funds Authorizing the Payment of a Judgment Against the City and Authorizing A Special Levy to Pay Judgment (,"clERLAS As a result. of a suit by Link brothers, inc. against the City of Shakopee, a Judgment has been entered in favor of i,iul'. Brothers, Iuc. and against the City of Shakopee in the sum and amount of $131,347.91 plus interests of $15,027.62 and costs and disbursements of $4O .moi' for a total of $146,7;35.20; and WIiE1-.AS, IutereSt accrues on said total amount of 146,785.20 at the rate of $46. 78 per day starling January 6, 1961 and continuing at that rate until paid; and WHEREAS, it is expedient, good business and proper to pay said judgment and obtain a satisfaction therefor_ at the earliest possible time; and WUIRTAS, There are not sufficient funds readily available in the general fund of the City of Shakopee to pay said judgment but there are monies available in the PIR .Fund and said law suit grew out of a public; improvement i>ro;:ram properly financed in part by the Pik Fund thus making use of the fund in the PIR account available for the above purpose. THEREFORE, BE IT LESOLVED BY THE SHAKOPEE CITY COUNCIL in meeting assembled: 1. That the City forthwith pay said judgment, principal and interest out of the general fund of the City of Shakopee as soon as may be. 2. That the sum and amount of $ PO's)'s) C;) , C be borrowed from the PIR Fund and transferred to the General Fund to enable the payment of said judgment therefrom. 3. That the City promptly take all necessary steps to impose a special levy to reimburse the said PIR Fund for the payment of said judgment as aforesaid. 4. That the "proper city officials be and they hereby are -authorized and directed to do all things necessary, suitable and proper to carry out the terms and purposes of this Resolutiont Passed in -"I 1)(1/0 session of the ;:hi,kcopec• City Council held this A4L- day of _— .) / t, , 1981 ATTEST: Mayor of the City of Shakopee ' CC) (I) C--)t Clerk Pre ared and approved as to form this 29th day of Jant ry, 1981. Julius Cofer, II „al City Attorney • . P D RESOLUTION NO. 1858 A RESOLUTION AMENDING RESOLUTION NO. 1790 REGARDING PAYMENT OF JUDGMENT WHEREAS , Resolution No. 1790 authorized payment of a judgment in favor of Link Brothers , Inc . and specified the method of financing , and WHEREAS, the special levy delineated in Resolution No. 1790 would need to be under MSA 475. 58 , Subdivision 1. (3) . NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL that Resolution No. 1790 is hereby amended as follows : 1 . That the City pay said judgement , principal and interest out of -the 1977 Street Improvement Fund . 2 . That the sum of $148 ,088 . 60 plus $7 , 362 . 77 in costs be borrowed from the PIR Fund and transferred to the 77 Street Improve- ment Fund to enable the payment of said judgment therefrom. 3 . Thai . ' he City take all necessary steps to issue additional improvement bonds to cover additional costs of the improvement pro- ject represented by said judgment in order to reimburse said PIR Fund for the amounts aforementioned . 4. That the proper City officials he and they hereby are authorized and directed to do all things necessary , suitable and proper to carry out the terms and purposes of this Resolution. Adopted in _ session of the Shakopee City Council held this day of , 1981 . Mayor of the City or Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney • MEMO TO: John K. Anderson, City Administrator FROM: Don Steger, City Planner RE: Ordinance No. 68 DATE: June 12 , 1981 Pursuant to Council Authorization the City Attorney has prepared the appropriate documentation for Council adoption on the newly revised Sign Ordinance . Action Requested : Council adopt Ordinance No . 68 , which adopts the newly revised Sign Ordinance that repeals the current Sign Ordinance . jiw Attachment : Ordinance No. 68 ORDINANCE NO. 68 , 4th SERIES AN ORDINANCE ESTABLISHING COMPRENSIVE STANDARDS , REGULATIONS AND PROCEDURES GOVERNING THE ERECTION, USE AND DISPLAY OF DEVICES , SIGNS AND SYMBOLS SERVING AS VISUAL COMMUNICATIVE MEDIA TO PERSONS UPON PUBLIC RIGHT OF WAY; PRESCRIBING PENALTIES FOR NON-COMPLIANCE OR VIOLATIONS HEREOF AND REPEA ING ALL OF SECTION 4. 30 OF THE SHAKOPEE CITY CODE ENTITLED "SIGNS-CONSTRUCTION, MAINTENANCE AND PERMITS" . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : SECTION 4 . 30 . SIGNS - CONSTRUCTION, MAINTENANCE AND PERMITS Subd. 1. Purpose and Intent . A. The purpose of this section is to protect and promote the general welfare , health, safety , and order through the establishment of a comprehensive series of standards , regulations, and procedures governing the erection, use and display of devices , signs and symbols serving as a visual communicative media to persons upon public right-of-way . B. The provisions of this section are to encourage a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for the visual amenities on the part of those designing, displaying or otherwise utilizing communicative media of the types regulated by this section, while at the same time, assuring that the public is not endangered, annoyed, or distracted by unsafe, disorderly, indis- criminate or unnecessary use of such communicative facilities . Subd. 2. Definitions . For the purpose of this section, the following terms , as used herein, shall have the meanings stated : A. "Advertising Sign" , A sign advertising a business, commodity , or service which is not located or performed on the premises on which the sign is situated. B. "Address Sign" . A sign for postal identification numbers only , whether written or in number form. C . "Business Sign" , A sign which identifies a business or profession, commodity or service sold or offered upon the premises where such a sign is located. D. "Area Identification Sign". A free-standing sign, on the identified premises , which identifies the name of a neigh- borhood, a residential subdivision, a multiple residential complex, a shopping center or area, an industrial area, an office complex or any combination of the above. E. "Banners and Pennants" . Any attention-getting devices which resemble flags and are of a non-permanent paper, cloth or plastic-like material. F. "Directional Sign" , A sign erected on private property for the purpose of directing vehicular and pedestrian traffic to public facilities or functions . G. "Canopy and Marquee" . A roof-like structure projecting over the entrance to a building. H. "District" , A specific zoning district as defined in the Zoning Chapter of the City Code. I. "Free-standing Sign" . A sign which is placed in the ground and not affixed to any part of any structure. 1. Free-Standing Pylon Sign : A business sign erected on free-standing shafts , posts or walls which are solidly affixed to the ground, and which projects more than 7 feet above ground level . 2 . Free-Standing Ground Sign : A business sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground and completely independent of any building or other structure. Any business free-standing ground sign which projects less than 7 feet above ground level is considered a ground sign. J . "Government Sign" . A sign which is erected by a government unit . K. "Flashing Sign" . An illuminated sign on which such illumination is not kept constant in intensity or color at all times when such sign is in use . L. "Illuminated Sign". A sign which has an artificial light source directed upon it or one which has an interior light source . M. "Institutional Sign" . A sign or bulletin board which identifies the name and other characteristics of a public or private institution on the site where the sign in located. N. "Motion Sign" . A sign which revolves , rotates or moves in any way by mechanical means . 0 . "Non-conforming Sign" . Signs and their structures which identify , advertise or provide direction to a use, business , industry or service which has ceased existence for thirty (30 ) days or more shall be prohibited and removed with- in thirty ( 30) days after written notice from the City Building Inspector. P. "Portable Sign" . A sign so designed as to be movable from one location to another and is not permanently attached to the ground or any structure. Q. "Projecting Sign". A sign, any portion of which, projects over public property. l R. "Roof Sign" . Any sign erected upon or projecting above the roof line of a structure to which it is affixed. S. "Sign" . Any letter, work, symbol , device, poster, picture, statuary , reading matter or representation in the nature of an advertisement , announcement , message , or visual communication whether painted, pasted, printed, affixed or constructed which is displayed outdoors for informational or communicative purpose. T. "Sign Area" , The area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural elements outside the limits of each sign and not forming an integral part of the sign. The stipulated maximum sign area for a free-standing sign refers to a single facing. U. "Street Frontage" . That portion of a parcel of land abutting one or more streets . An interior lot has one street frontage and a corner lot , two such frontages . V. "Wall Sign" . Any sign which is affixed to the wall of a building, but shall not include a sign painted directly on the wall of the building. Subd. 3 . General Provisions Applicable To All Districts . A. No sign other than governmental signs shall be erected or placed within any street right-of-way or upon any public easement . B. Free-standing advertising signs are prohibited in all districts . C . No sign shall contain any indecent or offensive material . D. Illuminated flashing signs , moving signs , revolving signs , illuminated revolving beacons , zip flashers or similar devices shall not be permitted in any district . All illuminated signs shall have a shielded light source . E. Signs shall not project over public property more than 15 inches . F . Signs shall not be painted, attached, or in any manner affixed to trees , rocks or similar natural surfaces , nor shall signs of any type be painted directly on the wall or roof of a building. G. Signs which interfere with the ability of vehicle operators or pedestrians to see traffic signs or signals , or which impede the vision of traffic by vehicle operators or pedestrians are prohibited. C7 H. Roof signs shall not be permitted in Commercial Districts . I. Signs shall not obstruct any window, door, fire escape or opening intended to provide ingress or egress to any structure or building. J. Campaign signs posted by bona fide candidates for political office or by a person or group promoting a political issue or a candidate may be placed in any zoning district . Signs must be no larger than 20 square feet nor higher than 5 feet and may be posted for a period not to exceed sixty (60) days and shall be removed within seven ( 7) days following the date of the election. Signs must be erected at least 2 feet back from the curb line of any street and at least 30 feet away from any street corner and should not in any way obstruct traffic . Signs placed on private property or on the road right- of-way in front of any private property , must have the approval of the property owner. Campaign signs may not be placed on any publicly-owned property other than City-owned street right- of-way . Signs located in conflict with this section shall be removed by the City at the expense of the owner or property owner. K. Temporary banners and pennants employed for grand openings of business establishments , special events and holidays shall be permitted upon issuance of a Temporary Sign Permit for fourteen ( 14 ) days after erection. L. One temporary identification sign setting forth the name of the project , architects, engineers , contractors and financing agencies may be installed at a construction site in any district for the period of construction only . Prior approval of a majority of the Council shall be required for the use of any such temporary identification sign in excess of 24 square feet in area. M. Temporary real estates signs may be placed in any district for the purpose of advertising the lease or sale of property upon which it is placed. Only one such sign shall be permitted per street frontage. 1 . Such sign shall be removed within seven ( 7 ) days following the lease or sale . 2. The maximum size of such sign for each district is as follows : a. Residential Districts - 6 square feet . b . Multiple Districts - 18 square feet . c . Commercial and Industrial Districts (office buildings) - 32 square feet . N. Except as may be specifically authorized by this subdivision, portable signs are prohibited . A portable sign used for the purpose of directing the public may be permitted upon issuance of a Temporary Sign Permit under the following conditions : 1. Said sign is coincidental to, or used in conjunction with, a public function. 2. The period of use of said sign shall not exceed ten ( 10) days . 3. Prior approval of a majority of the Council shall be required for the use of any such sign. 0. No free-standing projecting signs shall be permitted in any district . Projecting wall signs shall be permitted only in Commercial Districts provided the total sign area does not exceed 10 square feet per facing and does not project over public property more than 15 inches . P. One address sign shall be required per building in all districts . Q. Canopies and marquees shall be considered an integral part of the structure to which they are attached. One sign may be permitted on each side and front of a canopy or marquee but such structure shall not be considered as part of the wall area and thus shall not warrant additional sign area. R. Signs located on the interior of a building are exempt from the provisions of this section. S. One directional sign for each separately owned tract of land is permitted in all districts . Directional signs shall bear no advertising and shall not exceed 4 square feet in area. Temporary directional signs shall be removed within seven (7) days after termination of the function for which said signs are employed . T. No free-standing sign lower than 10 feet to the bottom of the sign shall be located within 10 feet of the front lot line . U. No sign shall be located within 30 feet of the property line at the intersection of two streets . V. No snow storage shall be placed at the base of free- standing signs within the front yard setback area so as to obstruct vision of vehicle operators at driveway entrances . W. Signs for City water storage facilities shall be exempt from size restrictions . Ci Subd. 4 . District Regulations . In addition to those signs permitted in all districts , signs as herein designated shall be permitted in each specified district and shall conform as to size, location and character according to the requirements herein set forth : A. "R" Districts , Residential and Multiple Dwelling. 1. Nameplate Signs : One sign not to exceed 2 square feet in area for each dwelling unit , indicating only name and address . One nameplate sign for each dwelling group of six to twelve dwelling units which shall not exceed 6 square feet in area per surface . One nameplate sign for each dwelling group of eight or more dwelling units which shall not exceed 12 square feet in area per surface , and no sign shall have more than two display surfaces. Said signs may indicate the names of the buildings , project , be a directory for occupants or state any combination of permitted information. 2. Institutional and Recreational Signs : One sign or bulletin board per street frontage for a church, public institution or recreational facility . Such sign or bulletin board shall not exceed 50 square feet in area and shall not be placed closer than 10 feet to any street right-of-way line . 3. Area Identification Signs: One sign, not to exceed 24 square feet in area, for each development district entrance . 4 . Free-Standing Signs : Free-standing signs shall not exceed 6 feet in height as measured from the eleva- tion of the centerline of the adjoining roadway; except that at those sites at which the elevation of the abutting property is higher than the centerline of the adjoining roadway, the height of any such sign shall not exceed 6 feet as measured from the elevation of said abutting property at the site of such sign. B. "B-1" Highway Business District . Within the "B-1" District , business signs are permitted subject to the following : 1. The aggregate square footage of sign space per lot shall not exceed the sum of 2 square feet per front foot of buihding, plus 1 square foot for each linear frontage of building siding on a street , plus 1 square foot for each front foot of lot not occupied by such building which fronts on a public right-of-way 50 feet or more in width. 2. The least width of a lot for purposes of this section shall be the front . 3 . No individual sign surface shall exceed 200 square feet in area, nor shall two or more signs be so arranged and integrated as to cause an advertising surface over 300 square feet . 4 . Area Identification Signs : One sign per development , not to exceed 100 square feet . 5 . Free-Standing Signs : a. Free-standing signs shall not exceed 20 feet in height as measured from the elevation of the centerline of the adjoining roadway, except that at those sites at which the elevation of the abutting property is higher than the center- line of the adjoining roadway , the height of any such sign shall not exceed 6 feet as measured from the elevation of said abutting property at the site of such sign. b . For property adjacent to roads with a speed limit of less than 35 m.p .h. , the gross area of a free-standing sign shall not exceed 100 square feet . c . For property adjacent to roads with a speed limit of greater than 35 m.p.h. , the gross area of a free-standing sign shall not exceed 150 square feet . 6. Public Service Informational Signs : One wall or free-standing sign showing weather, time, temp- erature and similar public service announcements for each building may be granted. Such sign shall be operated automatically and shall furnish accurate and current information which shall occupy not less than 25 percent of the sign area. The balance of the sign area shall display only the name of the owner or lessee of the sign. C . "B-2" Community Business District . Within the B-2 Districts the following signs are permitted : 1. The number of square feet in gross surface area of all business signs on a lot shall not exceed the sum of 3 square feet per front foot of building, plus 1 square foot for each front- age of building siding on a street . 2. No individual sign or integrated group of signs shall exceed 200 square feet in area per surface . t‘C ' 3. Illuminated signs shall be permitted provided that the source of light shall not beam upon an existing residence, or into an "R" District or into a public street . 4 . A shopping center type of development operating under a common name may have a maximum of two pylon-type signs not over 35 feet in height . No part of the sign shall be closer than 30 feet from a street right- of-way nor 60 feet from a side lot line. 5 . Area Identification Signs : One sign per development not to exceed 100 square feet . 6 . Free-Standing Signs : Free-standing signs shall not exceed 20 feet in height as measured from the elevation of the centerline of the adjoining roadway, except that at those sites at which the elevation of the abutting property is higher than the centerline of the adjoining roadway , the height of any such sign shall not exceed 6 feet as measured from the elevation of said abutting property at the site of such sign. 7. Public Service Informational Signs : One wall or free-standing sign showing weather, time, temperature and similar public service announcements for each building may be granted . Such sign shall be operated automatically and shall furnish accurate and current information which shall occupy not less than 25 percent of the sign area. The balance of the sign area shall display only the name of the owner or lessee of the sign. D. "B-3" Central Business District . Within the "B-3" District , nameplate signs and business signs are permitted subject to the following regulations : 1. The aggregate square footage of sign space per lot shall not exceed the sum of 3 square feet for each front foot of building plus 1 square foot for each front foot of building siding on a street . 2. No individual sign shall exceed 200 square feet of area per surface . 3. Signs located withinthe "B-3" , Central Business District , may be permitted to extend within the street right-of-way up to a distance of 36 inches, but shall not be permitted to so extend, at an elevation below 12 feet above the established sidewalk grade, nor shall any signs project into or over any alley , or other public property. 4 . Area Identification Signs : One sign per development not to exceed 100 square feet . 5 . Free-Standing Signs : Free-standing signs shall not exceed 20 feet in height as measured from the elevation of the centerline of the adjoin- ing roadway, except that at those sites at which the elevation of the abutting property is higher than the centerline of the adjoining roadway, the height of any such sign shall not exceed 6 feet as measured from the elevation of said abutting property at the site of such sign. 6 . Public Service Informational Signs : One wall or free-standing sign showing weather, time, temp- erature and similar public service announcements for each building may be granted. Such sign shall be operated sutomatically and shall furnish accurate and current information which shall occupy not less than 25 percent of the sign area. The balance of the sign area shall display only the name of the owner or lessee of the sign. E. "I-1" Light Industrial District or Flood Plain District . 1. Area Identification Signs : Only one free- standing sign may be erected on the subject property, not more than 75 square feet nor higher than 15 feet . 2. Institutional and Single or Multiple Occupancy Business Structure Identification Signs : The total sign area for the subject property may not exceed 15 percent of the front building facade (both front and side facades may be counted when on a corner lot ) . Signs chosen to comprise the total sign area shall be consistent with the following provisions : a. Free-standing - Not more than one sign per subject property. Sign area may not exceed 75 square feet with a maximum height of 15 feet . b. Wall, Canopy and Marquee - Not more than one sign per subject property, or two signs ( 1 per building side) where free-standing sign is not utilized. Individual sign area may not exceed 75 square feet with the height maximum set at top of parapet or eaves . F. I-2" Heavy Industrial District . 1. Area Identification Signs : Only one sign may be erected on the subject property. a. Free-standing - Not more than 100 square feet nor higher than 15 feet . 2. Institutional and Single or Multiple Occupancy Business Structure Identification Signs : The total sign area for the subject property may not exceed 15 percent of the front building facade (both front and side facades may be counted when on a corner lot ) . Signs chosen to comprise the total sign area shall be consistent with the following provisions : a. Free-standing - Not more than one sign per subject property. Sign area may not exceed 75 square feet with a maximum height of 15 feet . b . Wall , Canopy and Marquee - Not more than one sign per subject property, or two signs ( 1 per building side ) where free-standing sign is not utilized . Individual sign area may not exceed 70 square feet with the height maximum set at top of parapet or eaves . G . Complex Center. In the case of multiple occupancy commercial build- ings , the signs shall be subject to the following standards : 1. A sign plan for multiple occupancy commercial centers shall be approved by the Planning Commission. 2. Area Identification Signs : Only one sign may be erected on the subject property. a. Free-standing - Not more than 100 square feet nor higher than 30 feet . 3 . Multiple Occupancy Business Structure Identi- fication Signs : The total sign area for the subject property (including free-standing) may not exceed 15 percent of the front building facade (both front and side facades may be counted when on a corner lot ) , but no single sign may exceed 100 square feet . Subd. 5. Administration and Enforcement . A. Permit Required . Except as herein exempted, it is unlawful for any person to maintain, install, erect , relocate or modify any sign without first obtaining a permit . B. Application and Fee . Applications for Sign Permits shall be made in writing upon forms furnished by the City . Each application for a permit shall set forth the correct legal description of the tract of land upon which the sign presently exists or is proposed to be located, the location of the sign on said tract of the land, the manner of construction and materials used in the sign, a complete description and sketch of the sign. At the time of application, the applicant shall pay a fee based on the size of the sign; such fees to be set by resolution. if a sign authorized by permit has riot been installed within 120 days from date of issuance of the permit , said permit shall become void. No fee shall be refunded. C . Maintenance . All signs shall be constructed in such a manner and of such material as to be safe and substantial . The exposed backs of all signs and sign structures shall be painted a neutral color. Signs determined by the Building Official to be in a state of disrepair shall be restored to good repair by the sign owner, or property owner on which the sign is situated, within thirty (30) days after the mailing of written notice to repair from the Building Official . In the event of non-compliance with said notice, the City shall be authorized to remove said sign at the expense of the sign or property owner. D. Annual Inspection. There shall be an annual sign inspection by the City - Planner in the first part of May, to see that every sign complies with the minimum standards set forth in this section. E. Exemptions . No permit shall be required for the following signs; provided, however, that all signs herein exempted from the permit requirements shall conform with all other require- ments of this section: 1. Window signs placed within a building. 2. Signs having an area of 2 square feet or less . 3. Signs erected by a government unit , public or parochial school, or church. 4. Signs as described in Subdivision 3, Subparagraphs M, P and S of this section. 5 . Signs which are entirely within a building and not visible from outside of said building. F. Variance . The Board of Adjustments and Appeals may grant a variance from the requirements of this section as to specific signs where it is shown that by reason of topography or other conditions strict compliance with the requirements of this section would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this section. Written application for a variance shall be filed with the City and shall state fully all facts relied upon by the applicant . The application shall be supplemented with maps , plans or other data which may aid in an analysis of the matter. The application shall be referred to the Board of Adjustments and Appeals for its consideration and action. Subd . 6 . Existing Non-Conforming Signs . Any sign existing at the time of the adoption of this section which does not conform to the provisions hereof shall not be replaced or repaired if damaged beyond 50 percent of its value . Subd . 7 . Repeal All of Section 4. 30 of the Shakopee City Code entitled "Signs - Construction, Maintenance and Permits" is hereby repealed. Subd. 8. Adopted by Reference All general provisions and definitions applicable to the entire city code , including the penalty provisions of Chapter 1 and Section 11 . 99 entitled "Violations , A Misdemeanor" are hereby adopted in their entirety by reference as though re- pealed verbatim herein. Subd. 9. Separability It is hereby declared to be the intention that the general provisions hereof are separable and if a Court of competent juris- diction shall adjudge any provision or part hereof invalid such judgment shall not affect any other provision hereof not speci- fically included in said judgment . Subd . 10. When in Force and Effect After the adoption, signing and attestation of this ordi- nance , it shall be published once in the official newspaper of the City of Shakopee and shall be in effect on and after the date following such following such publication. 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 (A) MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: $1 , 100,000 I .R. Bonds Valley Industrial Center II DATE: June 12 , 1981 Introduction: On June 9th a public hearing was held on the above application and staff was directed to prepare a resolution of preliminary approval to include the eight items , as conditions , on the City Planners memo of June 2nd. Background I am hesitant in including the eight items noted by the City Planner as conditions of the preliminary resolution. He is simply stating the areas he has reviewed and noting that the proposed de- velopment meets our City Code. If the proposed development is in compliance with our requirements why make them conditions and en- cumber the resolution. If you recall , conditions were placed on the approval of the two applications of Al Furrie , but were part of a motion and were not included in the resolution, per Mr. Furrie ' s request . Conditions in the resolution may create problems with the State giving approval . Item number seven regarding additional plantings will be delt with between the Planner and Mr. Eastland when the landscapping plans are approved by the City in connection with the issuance of a building permit . Recommended Action: a) Approve Resolution No. 1866 , Determining to proceed with a project and its financing under the Municipal Industrial Development Act ; referring the proposal to the Commissioner of Securities for approval ; and authorizing preparation of necessary documents . (Valley Industrial Center) b) If Council feels necessary , a separate motion could be made requiring that a landscapping plan be submitted and acceptable to the City Planner. JSD/jam ( d23 MEMO TO: John Anderson, City Administrator FROM: Don Steger, City Planner RE: Site Plan Review of Valley Industrial Center II DATE: June 2 , 1981 When reviewing the site plan for Valley Industrial Center II , the following items were noted : 1 . The proposed office/warehouse building is a Permitted Use in the I-2 (Heavy Industrial ) Zone. 2 . All setback requirements are met . 3. Proposed access off of Valley Industrial Boulevard South is acceptable . 4. Although no parking standard for the proposed use exists in the Zoning Ordinance , a general parking standard based on the number of employees may be applied in this situation. Based on employee projections , approximately 15 parking stalls would be required. The site plan indicates 50 parking stalls , thereby providing a surplus of parking. 5 . The overall parking lot layout , including stall size , circulation, access , etc . , is acceptable . 6 . Loading and unloading activities are proposed to be handled by both a rail spur and truck. Truck loading berths are proposed to be located along the south side of the building, adjacent to the parking lot . This design is acceptable . 7 . Other than two small grass areas shown along the south side of the proposed building , no other landscaping is indicated. It may be desirable to require additional plantingswithin the two grass areas and along both sides of the driveway. 8 . The use of Tract B has not been indicated. If a building, unrelated to Tract A, is proposed for Tract B in the future , a replat of the property into two lots is necessary so as to avoid having two principal buildings on one lot . If subdivision does occur, however, Tract A will only have frontage onto Valley Industrial Boulevard South via the driveway. DS/jiw Q 0 RESOLUTION NO. 1866 RESOLUTION DETERMINING TO PROCEED WITH A PROJECT AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Shakopee , Minnesota ( the Municipality) , as follows : SECTION ]. Recitals and Findings 1 . 1 . This Council has received a proposal that the Municipality finance a portion or all of the cost of a proposed project under Minnesota Statutes , Chapter 474 ( the Act ) , consisting of the acquisition of land and the construction thereon of an office/warehouse facility ( the Project ) by Valley Industrial Center II , a Minnesota general partnership ( the Borrower ) . 1 . 2. At a public hearing , duly noticed and held on June 9 , , 1981 , in accordance with the Act , on the proposal to undertake and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project . Based on the public hearing and such other facts and circumstances as this Council deems relevant , this Council hereby finds , determines and declares as follows : (a ) The welfare of the State of Minnesota requires active promotion , attraction , encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible , emergence of blighted lands and areas of chronic unemployment , and the State of Minnesota has encouraged local government units to act to prevent such economic deterioration . (b) The Project would further the general purposes contemplated and described in Section 474 . 01 of the Act . A V (c ) The existence of the Project would add to the tax base of the Municipality, the County and School District in which the Project is located and would provide increased opportunities for employment for residents of the Municipality and surrounding area . (d ) This Council has been advised by representatives of the Borrower that conventional , commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced , but that with the aid of municipal borrowing , and its resulting lower borrowing cost , the Project is economically more feasible . (e ) This Council has also been advised by the Borrower that on the basis of their discussions with potential buyers of tax-exempt bonds , revenue bonds of the Municipality (which may be in the form of a commercial development revenue note or notes) could be issued and sold upon favorable rates and terms to finance the Project. ( f ) The Municipality is authorized by the Act to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise , such as that of the Borrower , and the issuance of such bonds by the Municipality would be a substantial inducement to the Borrower to acquire and construct the Project . SECTION 2 Determination to Proceed with the Project and its Financing 2. 1 . On the basis of the information given the Municipality to date , it appears that it would be desirable for the Municipality to issue its revenue bonds under the provisions of the Act to finance the Project in an estimated total amount of $1 , 100 , 000 . 2 . 2 . It is hereby determined to proceed with the Project and its financing and this Council hereby declares its present intent to have the Municipality issue its revenue bonds under the Act to finance the Project . Notwithstanding the foregoing , however , the adoption of this resolution shall not be deemed to establish a legal obligation on the part of the Municipality or its City Council to issue or to cause the issuance of such revenue bonds . All details of such revenue bond issue and the provisions for payment thereof shall be subject to final approval of the Project by the Minnesota Commissioner of Securities and may be subject to such further conditions as the Municipality may specify. The revenue bonds , if issued , shall not constitute a charge , lien or encumbrance , legal or equitable , upon any property of the Municipality, except the Project , and each bond , when , as and if issued , shall recite in substance that the bond , including interest thereon , is payable solely from the revenues received from the Project and property pledged to the payment thereof , and shall not constitute a debt of the Municipality within the meaning of any constitutional or statutory limitation . 2. 3 . The Application to the Commissioner of Securities , with attachments , is hereby approved , and the Mayor , City Clerk and City Administrator are authorized to execute said documents in behalf of the Municipality. 2. 4 . In accordance with Section 474 . 10 , Subdivision 7a of the Act , the Mayor , City Clerk and City Administrator are hereby authorized and directed to cause the Application to be submitted to the Commissioner of Securities for approval of the Project . The Mayor , City Clerk, City Administrator , City Attorney and other officers , employees and agents of the Municipality are hereby authorized and directed to provide the Commissioner with any preliminary information the Commissioner may need for this purpose , and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project , if it is approved by the Commissioner . SECTION 3 General 3 . 1 . If the bonds are issued and sold , the Municipality will enter into a lease , sale or loan agreement or similar agreement satisfying the requirements of the Act ( the Revenue Agreement ) with the Borrower . The lease rentals , installment sale payments , loan payments or other amounts payable by the Borrower to the Municipality under the Revenue Agreement shall be sufficient to pay the principal , interest and redemption premium, if any, on the bonds as and when the same shall become due and payable . 3 . 2. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the Municipality in connection with this Project , whether or not the Project is carried to completion , and whether or g4 k not approved by the Commissioner of Securities , and whether or not the Municipality by resolution authorizes the issuance of the bonds, will be paid by the Borrower upon request . 3 . 3 . The Mayor , City Clerk and City Administrator are directed , if the bonds are issued and sold , thereafter to comply with the provisions of Minnesota Statutes, Section 474 . 01 , Subdivision 8 . Adopted this day of , 1981. Mayor Attest : City Clerk ( SEAL) Approved as to form this day of , 1981. City Attorney CERTIFICATION I , Judith S. Cox , City Clerk of the City of Shakopee , Scott County, Minnesota , do hereby certify that I have compared the paper writing attached with the original Resolution No . and find the same to be a true and correct copy thereof as the same was passed by the City Council of the City of Shakopee on the day of. , 1981 . cb MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Proposed Use of Revenue Sharing DATE: June 12 , 1981 This is a required public hearing to receive comments from citizens on how they feel Revenue Sharing Funds should be used. It is held at this time to allow for incorporation into the 1982 budget . GV/jms MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: 1981/1982 On Sale and Sunday Intoxicating Liquor Licenses DATE: June 12 , 1981 Introduction: Council should consider license renewals on Tuesday, June 16th, as we have advertised thusly. Any applications not in order will have to be tabled until June 30th, which means those individual licenses will have to close at 12 :01 A.M. July 1st until we can get a license to them. Because the Council will be meeting away from the Council Chambers on June 23rd , Mr. Coller recommended no official actions take place at that session. Background: House of Hoy, Inc. - the building inspector has sent memos (see attached) to the owner of the property and the license re- questing that repairs be made and has received no response at this time. I have received no application fee , insurance policy , or bonding from Mr. Wolinski , although I did speak with him earlier in the week. Taxes are also delinquent . He did neglect to order his insurance policy when he should have , so we may not see it until Tuesday (Rod will have to okay it) . I also asked for a letter or amenu from him regarding his facilities for food , as he is asking for a Sunday liquor. license . R. Hanover, Inc . (Richard ' s Pub) - Application is in order, taxes are current , and attached is a short note on his facilities for serving food on Sunday. He is asking also for a Sunday Liquor License . Scott County Restaurant Corp. (Shakopee House) - Application is in order. Attached is a memo showing that now 50% of gross receipts are derived from the sale of food . Taxes are delinquent at this writing, although I have been assured they would be paid today. Pullman Club, Inc. - Taxes are current . Application is not in order. I am not in receipt of insurance policy, but expect to have it by Tuesday (Rod will have to okay it) . The following applications are in order and taxes are current : a) XX Corporation and Wittles , Inc. b) Clair ' s Bar, Inc. c) The Friendly Folks Club, Inc . Recommended Action: Approve the application(s) and grant an on Sale Liquor License [ and a Sunday Liquor License ] to those whose application isin order and table those whose application is not in order: Approve/Table Applicant On Sale Sunday Taxes Current Table The Pullman Club, Inc . X + 124 West + XX Corporation and X X + Wittles , Inc. 1561 East + Clair ' s Bar, Inc . X + 124 S . Holmes Table Scott County Restaurant X X - corp. East 1st Ave. + R. Hanover, Inc. X X + 911 East 1st Table House of Hoy, Inc. X X - 101 East 1st + The Friendly Folks Club , X X + Inc . JSC/jam • ...'14A011- • T(,77- .,,, ou SHA PEE " c fP RPORATED 1570 129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445.3650 ��►tKO�;`'',.. April 30, 1981 ' Ms . Judy McDonald SCARBOROUGH & ASSOCIATES 512 Nicollet Mall Minneapolis , Minnesota 55402 • Re : Opera House Saloon Shakopee , Minnesota Dear Ms . McDonald : As per our conversation regarding the Opera House Saloon building, as you know, I have a hold order on the utilities for the rear shop building to the North of the Opera House until the following items have been corrected. 1 . Bring electrical system up to Code . 2 . Fire stop all ceiling & wall area races . 3 . Bring heating up to Code . 4. Sheetrock & fire stop room where water heater is located . In addition to the above items which we talked about when you were down here , there is a serious problem with the West sidewalk and freight doors in the sidewalk. The freight doors will have to be removed or replaced and the sidewalk is going to have to be replaced . I would appreciate your cooperation in arranging to have this work completed. Sincerely, LeRoy F. Houser Building Official LFH:p l k Certified Mail : #P23 8138908 Tho Heart of Progress V a lle/1e 1/ An Equal Opportunity Employer fir_' CITYSHAKOPEE OPE ; t .o1 INCORPORATED 1a70tio., ( 129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445-3650 . 1, ~' ,f.-1-73-7-.„: .�� , t�ta.71; wy , , 'JC May 22, 1981iikecir ta. .. r ; Ms. Judy McDonald 0of SCARBOROUGH & ASSOCIATES 512 Nicollet Mall Minneapolis, Minnesota 55402 Re : Opera House Saloon Shakopee , Minnesota Dear Ms. McDonald: As yet we have had no reply to our inspection report dated April 30, 1981 . One item had beer. omitted from the inspection report and that is; all loose brick on the east side of the building has to be removed or re-tuck pointed, as they are in danger of falling off the building. This item was discussed when you were here in April . As you are aware , renewal of liquor license will be considered by the City Council on June 16th. Unless arrangements are made to have the brickwork and freight doors brought into a safe condition, I will request the Council to hold the license until such time. I will require a copy of a work order or contract indicating a specific date the repairs will be completed before I recommend issuing the license for this establishment . Sin rely, /44-1-(---4-1---- LeRJ Houser Building Official LFH :plk cc : Walter J . Wolinski , Jr. City Clerk City Attorney � " y The Heart of Progress Valley An Equal Opportunity Employer R. Hanover Inc . dba/Richards pub Application for Sunday Liquor License /3; ///k-.7 7/ ,_} ,,, ,,,,„v.-..,,,,,7- ,-,-;-: _ _ ..2,_.),,,,y. ("<,/ ,..f, e, /),..44,.:42, _ .)/cer_.,-,,,z-,_,, , _. ,j/...:_t-,,,,44„-,:/ GG i ,74 (v�r4�-L4,9` WA- re-- per,_ ,.,./.)._ :-/./....;1/-:-A<'. :-/--4-/. / .2 ---1( ,7---c!/:`,7-7:7___) ,c,, -,-0, /72--i_zil r 7 / , BAUMANN - FURRIE AND CO. ACCOUNTANTS 8 AUDITORS 1221 EAST FOURTH AVENUE SHAKOPEE. MINNESOTA 55379 [�] 445-5020 June 11, 1981 City of Shakopee Shakopee, Minnesota 55379 Re: Scott County Restaurant Corporation We have reviewed the income statement of the Scott County Restaurant Corporation for the year ending September 30, 1980, and the sales breakdown is as follows: Food 63.96% Liquor 35.89 Miscellaneous .15 Total 75777 - syr / - Baumann - Furrie & Co. Shakopee, Minnesota June 11, 191 To: Common Council City of Shakopee Gentlemen: Our bar has the capacity to serve 40 customers at one time. We serve ham and cheese sandwiches which are made on our premises and frozen prepared pizza is also available. In addition, we sell potato chips, popcorn, candy, etc. Thank you! Sincerely, Arnold Theis, Manager Friendly Folks Club, Inc. ea...(;( ss FRIENDLY FOLKS CUP lNc, f 122 East 1st Ave. abak® pee.Minn. 55379 Icl TO: JOHN ANDERSON FROM: LOU VAN HOUT DATE: 6-9-81 RE: INSPECTION COSTS ON WELL #6 (PART OF K-MART TAX-INCREMENT PROJECT) I At the June 1 meeting, the Utilities Commission voted to send to the City Council a copy of the May 27 letter from Schoell & Madson concerning inspection services for Well #6. As this is a City of Shakopee contract and is further complicated by being tax-increment, they felt that the proper way to handle this would be for SPUC to recommend to City Council that Schoell & Madson be authorized to do the necessary inspection and survey work on Well #6. vet/ iD S/� C W UJAM D. SCHOELL 4111111111° CARLISLE MADSON JACK T. VOSLER JAMES R. ORR AIL HAROLD E. DAHLIN LARRY L. HANSON SCHOELL SI` MADSON. INC. JACK E. GILL THEODORE D. KEMNA ENGINEERS ANO SURVEYORS JOHN W. EMOND KENNETH E.ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 5531?, ,t A GERALD L. BACKMAN May 27 , 1981 . Shakopee Public Utilities Commission c/o Mr. Lou Van Hout, Utilities Manager 1030 East Fourth Avenue Shakopee, Minnesota 55379 Subject: section for Wader Supply411110 4111011110and Rehabilitation of Well Gentlemen: As requested, enclosed is our proposal schedule for inspection of Well No. 6. We also proposed that the appropriate items be inspected on the rehabilitation of Well No. 5. Our estimated costs for these services are as follows: Well No. 6 Inspector 88 hours @ $22. 34 $1 ,965. 92 Senior Inspector 18 hours @ $39 . 00 702 . 00 Total Estimated Cost $2 ,667 . 92 Wel No. 5 \� Inspector ours @ $22. 34 $ 982 . 96 Senior Inspector 9 hou • • . 00 351. 00 Total Estimated Cost • 6 In addition, we estimate that nine hours of surveying time would be required to stake the location of Well No. 6 and cross section the settling basin before and after construction to determine the volume o - tone removed. The estimated cost at $67. 00 per hour is $603. 00. The san. - . - - •- , •uld . s e to be determined on Well No. 5 at a total e -. c• _ 02. 00. SCHOELL & MADEON.INC. Shakopee Public Utilities Commission c/o Mr. Lou Van Hout, Utilities Manager Page Two May 27 , 1981 We would be happy to discuss the proposed schedules if you have any questions. Very truly yours, SCHOELL & MADSON, INC. KEAdolf:mkr Je''� 6w enclosure INSPECTION SCHEDULE Water Supply Well No. 6 1. Insure compliance with project Specifications and AWWA Well Specification A100. 2. Insure Contractor's compliance with permits - blasting, water- shed district, etc. 3. Liaison between Engineer, Contractor and Client. 4. Insure casing conforms to Specifications for diameter, wall thickness, grade, lengths and record weld locations . 5. Insure correct location of tailings pit and disposal. 6. Field check formation, materials and formation depths. 7. Confirm drillers records and samples. 8. Prepare progress reports for payment and well construction records. 9. Record and witness development time (hourly rates) ; blasting, bailing, air surging, etc. 10. Insure proper grouting; method and material. 11. Compute casing alignment and witness tests. 12. Witness and record test pumping for gpm, yield, static level, drawdown and recovery rates. 13. Insure proper erosion control. 14. Take and deliver samples to lab. 15. Verify pump , motor, bowls , column and shaft with shop drawings and insure proper installation. 16. Test and insure compliance with Health Department criteria for disinfection and bacteria test. 17 . Expedite proper clean-up and restoration. TO: JOHN ANDERSON FROM: LOU VAN HOUT DATE: JUNE 11, 1981 RE: County Road 16-83 watermain-change order #1, #2 and final payment BACKGROUND: This project is now completed. It is a part of the Tax-,Increment Project. The Contract is with the City Council acting for the HRA and was administered initially by the City Engineers' office and later by SPUC. The Project Engineer is Schoell & Madsen, Inc. There were no "changes in concept" in this project. There were 2 change orders made and changes in quantities as follows: CHANGE ORDER #1 a) added frost covers on some manholes. b) deleted some air and vacuum valves -, not needed c) this made for a net decrease of $1,510.95 which had been brought before the Council and approved CHANGE ORDER #2 a) added some vent pipes b) deleted some sleeves c) this de for a net decrease of #2,659.39 which has yet to be approved by the Council OUANTITIES CHANGES a) added rock excavation b) added restoration material(sod, blacktop) c) this resulted in an increase of $9,811.52 THE TOTAL OF ALL CHANGES IS: Change Order #1 $ (1,510.95) Change Order #2 (2,659.39) Quantity Changes 9,811.52 5,641.52 Original Contract Amount $ 263,889.30 Change Orders & Quantities 5,641.18 Value of Work Completed $ 269.530.48 RECOMMENDATIONS: That Council approve change order #2 for the County Road 16-83 Watermain, Contract #80-10kt and direct the Mayor and Staff to take the necessary steps to process the change order. And, that Council approve of final payment to Brown & Cris, Inc. in the amount of $269,530.48, per Resolution # 1867 WILLIAM D. SCHOELL T X/ CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON SCHOELL & MAOSON, INC. JACK E. GILL THEODORE D. KEMNA ENGINEERS AND SURVEYORS JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 GERALD L. BACKMAN June 4 , 1981 Shakopee Public Utilities Commission c/o Mr. Lou Van Hout, Manager 1030 East Fourth Avenue Shakopee, Minnesota 55379 Subject: County Road 83 - County Road 16 Trunk Watermain Contract No. 80-10 Gentlemen: Enclosed are Estimate No. 4 , which is the final estimate, and eight copies of Change Order No. 2 for the subject project. The estimate has been revised to show the deletion contained in Change Order No. 2 . The change order consists of some additions and deletions resulting in a net reduction in the contract amount by $2 , 659 . 39 to a revised amount of $259 , 718 . 96 as described on the change order. The final contract amount of $269 , 530 . 48 is 3 . 8 percent over the current contract amount and 2 . 1 percent over the original contract amount of $263 , 889 . 30 . The extra cost resulted from quantity overruns in the rock excavation and in the restoration quantities. The quantities and the estimate have been checked and represent the completed project. Also enclosed is an executed Contractor' s Certification form and an incomplete Minnesota Department of Revenue Form 134 . The Contractor has indicated that a completed form will be submitted as soon as possible. Payment to Brown & Cris , Inc . in the amount of $29 , 503. 55 is approved and recommended subject to receipt of a completed Form 134 and approval of Change Order No. 2 . Very truly yours, SCHOELL & MADSON, INC . KEAdolf:mkr v4 a enclosures cc: Brown & Cris , Inc. 411;cr.lk.vt CITY OF SHAK. OPEEt INCORPORATED 1870 46 1/4 129 E. First Ave., Shakopee, Minnesota 55379 (612)445-3650 )Ar !� ' CERTIFICATE OF COMPLETION CONTRACT NO. 80--10 DATE June 10, 1981 DESCRIPTION: Co, Rd, 16-83 Watermain CONTRACTOR Brown & Cris Inc. ADDRESS 19740 Kenrick Ave, Lakeville, MN 55044 The work on the Contract specified above has been completed and accepted by the City. ORIGINAL CONTRACT AMOUNTy 263,889.30 AMOUNT OF CHANGE ORDER NO. a THRU NO. 2 $ - 4,170.34 TOTAL CONTRACT COMPLETE IN PLACE $ 269,530.48 LESS PREVIOUS PAYMENTS $ 240,026.93 FINAL PAYMENT $ 29,503.55 APPROVED: p E ,--- <-;4--Ace/i &Lig' City Engineer /O - / Date APPROVED BY SHAKOPEE PUBLIC UTILITIES COMMISSION: ql— • M na r G —//-6'/ J / Date 7' 17 II cl / t7 f 1) t) IJ r V 47 / / 1( An Equal Opportunity Employer 71-e • CONTRACTOR'S CERTIFICATION TO: CITY CLERK CITY OF SHAKOPEE PROJECT NUMBER 8o 10 kT This is to certify that all material , labor, and other costs for the complete installation of Shakopee Project No. 8® f® have been paid in full. • BROWN & CRIS, INC. 8'Yt � to - ' (Co / ct.r) County of Sc®' Subscribed and sworn to before me this Pro.t. day of QQ TuN "r 19 p, • Notary Public County MICHAEL C. PETERS®Id NOTARY PUBLIC. —MINNESOTA My Commission Expires k� • 'AN.. . My CommIsslon.Expires Aug.7,1987 GS - 26 CHANGE ORDER Change Order No: 2 Project Name: Co. Rd. 16-Co. Rd. 83 Trunk Watermain Date: May 29, 1981 Contract No: 80-10KT Original Contract Amount: $ 263,889.30 Change Order(s) No. 1 thru No. $ - 1,510.95 Total Funds Encumbered Prior to Change Order $ 262,378.35 Description of Work to be (Added/Deleted) : Addition - Installation of piping to connect air valves to air vent line in three air valve manholes. +$1,015.31 Deletion - Elimination of sleeves on both sides of four 16-inch butterfly valves and five 18-inch butterfly valves. -$3,674.70 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 decreased by $ 2,659.39 The number of calendar days for completion shall be (increased/decreased) by 0 Original Contract Amount $ 263,889.30 Change Order No. 1 thru 2 . $ - 4,170.34 Total Funds Encumbered $ 259,718.96 Completion Date: No Change The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. APPROVED AND RECOMMENDED: Contractor: Brown & Cris, Inc. Schoell & Madson, Inc. BY: '----R,00a By: Q Kenneth Adolf Title: �• I . Date: 6; -/- Date: 6 -/ � APPROVED AND RECOMMENDED: REVIEW BY: Shakopee Public Utility Commission 4By: z(-23/ City Engineer Date (,Utility Manager (Date) APPROVED: City of SHakopee Approved as to form this day of By: , ]9 . Mayor Date City Administrator Date City Attorney City Clerk Date " 7 ,e/ PARTIAL ESTIMATE VOUCHER Contract No.80-10KT Partial Estimate Voucher No. 4(Final) Period Ending June 1. 1981 Revised TO: Contractor Brown & Cris, Inc. Address 19740 Kenrick Avenue, Lakeville, Minnesota 55044 Project Description County Road 16 - County Road 83 Trunk Watermain 1. Original Contract Amount $ 263,889.30 2. Change Order No. 1 Thru No. 2 $ — 4,170.34 3. Total Funds Encumbered $ 259,718.96 4. Value of Work Completed $ 269,530.48 Value of Work Remaining 5. 0 Percent Retainage $ 0 $ 0 6. Previous Payments $ 240,026.93 Percent Complete 100% 7. Deductions or Charges $ 0 8. Total $ 240,026.93 _ Payment Due (Line 4 - Line 8) $ 29,503.55 CERTIFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work shown herein is a fair estimate of the work completed to date. CONTRACTOR: 1".c.').wa.i r (,.C,1r. . _Ln,c APPROVED AND RECOMENDED - SCHOELL & MADSON, INC. BY: .le►(Y- c1 x,. it r 'p,.<, . 7 kk� BY --:2-0e.0.40& TITLE: ! , f Kenneth Adolf REV - CITY ENGINEER DATE: June 2, 1981 /4C;?/ APPROVED - I OF SHAKOPEE APPROVED - SHAKOPEE PUBLIC UTILITIES COMMISSION City Administrator //!%` 'C ' Mah'ager Finance Director 6, '/J 8/ Date RESOLUTION NO. 1867 -52-' A Resolution Accepting Work On The 80-10 Project CR16/CR83 Watermain Within The Kmart Tax Increment Project (80-10kt) WHEREAS, pursuant to a written contract signed with the City on November 21, 1980, Brown & Cris, Inc. , Lakeville, MN, has satisfactorily completed the watermain with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $29,503.55 taking the contractor's receipt in full, upon receipt of lien waivers from all sub-contractors. 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: Acting City Clerk Approved as to form this _ __, _ day of ,1981 City Attorney MEMO TO: John Anderson City Administrator FROM: Don Steger City Planner RE: Account for Ad Hoc Downtown Committee DATE: June 8, 1981 It has been brought to my attention that due to the fact that no account currently exists for the Ad Hoc Downtown Committee; confusion has resulted as to where to charge incurred costs. Examples of costs attributable to the Downtown Committee are as follows: graphic costs (Steve - Engineering) , long distance phone calls, copying, camera film and processing, mileage, mailing, etc. Because the Committee is essentially conducting a planning function, the account may appropriately be included within the Planning Department budget. Should this be acceptable, two separate budget line items may be needed: 1) Committee's general expenses; 2) Reproductions (copies). Because no funds currently exist within the Planning Department budget to cover the Committee's expenses, a transfer of funds from contingency would be needed to create the two new line items. The costs to be incurred by the Committee in the future is unknown at this point; approximately $1000 may be sufficient. Recommendation: City Council approve the transfer of contingency funds to create two new line items under the Planning Department budget to cover expenses of the Ad Hoc Downtown Committee. DS/jiw MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier ,► - . City Engineer RE: Hauer Trail Lateral Project No. 80-1 DATE: June 16, 1981 Introduction: The City of Shakopee received bids on the above-referenced project June 15, 1981. There were 15 bidders that submitted proposals for the work. Background: The apparent low bidder, Parrott Construction, Inc. , Shakopee, Minnesota, has performed work for the City of Shakopee on numerous other projects and has performed that work in an acceptable manner. The bid price of $44,422.87 is approximately $70,800 less than the cost estimated in 1980. Based on the general trend in bidding, it is clear that the contractors are making sacrifices to keep equipment and personnel employed during this recession. Recommendation: City staff recommends: 1) City Council adopt Resolution No. 1860, A Resolution Accepting Bid On Sanitary Sewer Laterals in North Half of Section 8 - Hauer Trail Lateral Project No. 80-1 and awards the contract to Parrott Construction, Inc. , 20+7 Eagle Creek Blvd. , Shakopee, Minnesota 55379. 2) Pursuant to contract administration policy, the City Council authorizes individual changes less than $1,000 such that the aggregate change is less than $4,000. HRS/jiw Attachment RESOLUTION NO. 1860 A Resolution Accepting Bid On Sanitary Sewer Laterals In North Half Of Section 8 Hauer Trail Lateral Project No. 80-1 WHEREAS, pursuant to an advertisement for bids for the improvment of Hauer Trail Sanitary Sewer Laterals, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Parrott Construction $44,422.87 F. F. Jedlicki, Inc. 49,269.90 Kenko, Inc. 49,758.59 Crossings, Inc. 51,551.70 Arcon Construction 52,888.29 Thomas Montgomery Construction 59,619.95 Nodland Associates, Inc. 60,690.77 Richard Knutson, Inc. 61,699.30 Orfei & Sons, Inc. 62,752.21 West Central Landscaping, Inc. 65,857.57 Axel Newman Heating & Plumbing 67,325.55 Barbarossa & Sons, Inc. 69,099.95 Encon Utilities, Inc. 72,058.85 Lundin Construction Co. , Inc. 74,765.65 Mn. Valley Landscaping, Inc. 91,121.61 AND WHEREAS, it appears that Parrott Construction, Inc. 2047 Eagle Creek Blvd. , Shakopee, Minnesota 55379 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 Parrott Construction , in the name of the City of Shakopee for the improvement of North Half of Section 8-115-22, - Hauer Trail by sanitary sewer laterals, 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 day of , 1981. Mayor of the City of Shakopee ATTEST: Approved as to form this day of , 1981. City Clerk City Attorney 91,y MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier City Engineer RE: Hauer Trail Laterals - Project No. 80-1 DATE: June 12, 1981 The City of Shakopee will open bids for the construction of the Hauer Trail Lateral June 15, 1981. Two resolutions No. 1860 are attached. Background: In the event the bids for the project are at or below the estimated cost, a resolution is being attached for accepting the bids and directly the appropriate City staff to enter into a contract with the apparent low bidder. In the event the bid costs exceed the estimated cost, it is recommended the alternate resolution declaring the cost to be assessed and ordering the preparation of proposed assessment be adopted so that City Council has ample opportunity to consider the bids while not interfering with the construction schedule. Recommendations: Specific staff recommendations will be on the table June 16, 1981. HRS/jiw Attachments: Resolutions No. 1860 RESOLUTION NO. 1860 A Resolution Accepting Bid. On Sanitary Sewer Laterals in North Half Of Section 8 Hauer Trail Lateral. Project No. 80-1 WHEREAS, pursuant to an advertisement for biui for the improvment of Hauer Trail Sanitary Sewer Laterals, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: AND WHEREAS, it appears that 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 _ , in the name of the City of Shakopee for the improvement of North Half of Section 8-115-22, - Hauer Trail by sanitary sewer laterales, according to the plans and specifications therefor approved by the City Council and on [ Ile in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids , except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: Approved as to form this day of , 1981. City Clerk City Attorney Resolution No. 1860 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessment 80-i Sanitary Sewer Laterals in North Half of Section 8 (Hauer' Trail Laterals) WHEREAS, bids have been received for the improvement of: North one-half of Section 8-115-22 - Hauer Trail by Sanitary Sewer Laterals and the contract price for such improvements is $ , the construction contingency amounts to $ and the expenses incurred or to be incurred in the making of such improvements amount to $ and of this cost the City will pay $ as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $ 2. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law; and he shall file a copy of such proposed assessment in his office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the ihth day of July, 1981 in the Council Chambers of City Hall at 7:30 PM to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvements. He shall also cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to 1.he hearing. Resolution No. 1860 Page -2- 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 7J/2 FEASIBILITY REPORT COUNTY ROAD 16 UTILITIES (Project No. 8o-4) Addendum No. 1 Prepared June 12, 1981 Feasibility Report County Road 16 Utilities (#80-4) Addendum 1 Introduction: This addendum is prepared to revise the original Feasibility Report for County Road 16 Utilities prepared by William E. Price, Suburban Engineering and dated April 1, 1980. Background: Resolution No. 16_,6 was adopted by City Council on July 1, 1980. This resolution ordered the improvement of County Road 16 by watermain and sanitary sewer. Subsequent to the adoption of Resolution No. 1636 and after preparation of final plans and specifications, it was necessary to acquire additional right- of-way in order to construct this project. As a result or condemnation procedure, a contract cannot be awarded before one year has lapsed from the date the project was ordered. Pursuant to Minnesota Statutes Chapter 429, this project must be reinitiated. The Appendix of this report contains revised estimates of the construction costs based on the final plans and specifications. The estimate also includes additional right-of-way acquisition cost. The total project cost is estimated to be $292,170.00. It is proposed that 100 percent of thatcostbe assessed to the abutting benefited properties. For purposes of comparison, the assessments were computed on an area basis and :1 front foot basis. 'Phone coniputat, i on:; may be Lurid in the Appendix-. An assessment based on area is recommended for this improvement since a large part of the area north of County Road 16 cannot be served and therefore, does not benefit from the improvement, where the entire area south of County Road 16 benefits. The assessment summary is computed on an area basis. ASSESSMENT SUMMARY North of South of County Road 16 County Road 16 Total Sanitary Sewer $ 60,332.11 $ 82,797.89 $143,130.00 Watermain 62,823.29 86,216.71 149,130.00 Trunk Water 10,087.35 7,912.65 18,000.00 TOTAL $133,242.75 $177,017.25 $310,170.00 1 There is no oversizing cost fur wr r.tcr•r,a;n since the zoning on each side is R-4. There is no oversizing cost for sanitary sewer since the sanitary sewer serves single ownerships on each side of County Road 16. The only cost not accounted for is the cost of selling bonds and paying capitalized interest. The cost is estimated to be approximately 10 percent of the project cost or a total $31,000.00 for this project. The cost of this project per acre is judged to be less than the increased value to the property as a result of the improvement. Therefore, the project is judged feasible and recommended for construction. Recommendations: It is the recommendation of this report that: 1) City Council adopt Resolution No. 1861 , A Resolution Declaring The Adequacy Of A Petition Arid Ordering The Preparation Of A Report; 2) Council adopt Resolution No. 1862, A Resolution Receiving Report And Calling A Hearing On Improvement 80-4; 3) Council adopt Resolution No. 1863, A Resolution Ordering The Prep- aration Of Plans And Specification - County Road 16 Utilities Project No. 80-4; 4) Council adopt Resolution No. 1864, A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids - County Road 16 Utilities Project No. 80-4. I hereby certify that this plan,specification,or report was prep- ••d by - ,�r under my direct supervision and t I am a •uly____Registered Professional Engin r under e t tne(State of Minnesota. fie Date drffN�.��I Registration No. 13689 • t APPENDIX Detailed Cost Estimates And Assessment Computations 742.- SANITARY SEWER Item Description Quantity Unit Unit Price Total 1 12" San. Sew. 14'-16' 760 L.F. $ 24.50 $ 18,620.00 2 10" San. Sew. 10'-12' 70 L.F. 18.50 1,295.00 3 10" San. Sew. 12'-14' 340 L.F. 20.50 6,970.00 4 10" San. Sew. 14'-16' 300 L.F. 22.50 6,750.00 5 8" San. Sew. 0'-10' 720 L.F. 14.50 10,440.00 6 8" San. Sew. 10'-12' 50 L.F. 16.50 825.00 7 48" Manhole 6 Ea. 900.00 5,400.00 8 Extra Depth Manhole 23 Ft. 60.00 1,380.00 9 Rock Excavation 2130 C.Y. 20.00 42,600.00 10 Bedding 435 C.Y. 5.00 2,175.00 11 Bituminous Restoration 65 S.Y. 6.50 422.50 12 Shoulder Restoration 2200 L.F. 0.50 1,100.00 13 Seeding 1.5 Ac. 800.00 1,200.00 Subtotal $ 99,177.50 10% Construction Contingency 9,917.50 Subtotal $109,095.00 25% Technical Services 27,275.00 Right-of-way 6,760.00 Total Sanitary Sewer $143,130.00 31.441 Acres 4,045 Front Feet Area Basis $143,130 $4,552.34/Ac. 31.441 Ac. North of County Road 16 13.253 ($4,552.34) = $60,332.11 South of County Road 16 18.19 ($4,552.34) = $82,797.89 Front Foot Basis $143,130 = $35.3844/F.F. 4,045 F.F. North of County Road 16 2,180 (35.3844) = $77,138.05 South of County Road 16 1,865 (35.3844) = $65,991.95 I WATERMAIN Item Description Quantity Unit Unit Price Total 1 12" Watermain 2420 L.F. $ 20.00 $ 48,400.00 2 6" Watermain 160 L.F. 25.00 4,000.00 3 Fire Hydrant Assembly 5 Ea. 1,200.00 6,000.00 4 12" Gate Valve with Box 5 Ea. 700.00 3,500.00 5 6" Gate Valve with Box 5 Ea. 350.00 1,750.00 6 Fittings 3600 lbs. 1.00 3,600.00 7 Connect to Existing System 2 Ea. 1,000.00 2,000.00 8 Rock Excavation 1390 C.Y. 20.00 27,800.00 9 Bedding 465 C.Y. 5.00 2,325.00 10 Bituminous Restoration 300 S.Y. 6.50 1,950.00 11 Curb and Gutter Restoration 75 L.F. 10.00 750.00 12 Seeding 1.5 Ac. 800.00 1,200.00 Subtotal $103,275.00 10% Construction Contingency 10,325.00 Subtotal5113,600.00 25% Technical Services 28,400.00 Right-of-Way 7,040 00 Total Watermain Construction $149,040.00 Trunk Water Assessment 41.38 Acres 41.38 ($435.00) = $18,000.00 North of County Road 16 23.19 ($435.00) = $10,087.35 South of County Road 16 18.19 ($435.00 ) = $ 7,912.65 31.441 Acres 4,045 Front Feet Area Basis $149,040.00 = $4,740.31/Ac. 31.441 Ac. North of County Road 16 13.253 ($4,740.31) = $62,823.29 South of County Road 16 18.19 ($4,740.31) = $86,216.71 maul.,.'7,zu.vim.,,ry-.r*.�r,...s+..re...n..-+,.,..++.r+.+.•"^} *""+RR4n� .,...m.�.+.•. Front Foot Basis $149,040.00 = $36.,8455/F.F. 4,045 F.F. North of County Road 16 2,180 ($36.8455) = $80,323.16 South of County Road 16 1,865 ($36.8455) = $68,716.84 RESOLUTION NO. 1861 A Resolution Declaring The Adequacy Of A Petition And Ordering The Preparation Of Report County Road 16 Utilities - Project No. 80-4 WHEREAS, on July 1, 1980 the City Council adopted Resolution No. 1636, a resolution which ordered the construction of sanitary sewer and watermain on County Road 16 east of County Road 17 and west of the east line of Section 6-115-22, 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 County Road 16 are still desirous that sanitary sewer and watermain 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 County Road 16 east of County Road 17 and west of the east line of Section 6-115-22 by sanitary sewer and watermain, filed with the Council on August 30, 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 1980-4 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: Approved as to form this day of , 1981. Acting City Clerk • City Attorney RESOLUTION N0. 1862 A Resolution Receiving A Report And Calling A Hearing On Improvement 80-4 County Road 16 Utilities WHEREAS, pursuant to Resolution No. 1861 of the City Council adopted June 16, 1981, a report has been prepared by Henry R. Spurrier, City Engineer, with reference to the improvements on County Road 16 east of County Road 17 and west of the east line of Section 6-115-22, by sanitary sewer and watermain, and this report was received by the Council on June 16, 1981. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of such utilities in accordance with the report and the assessment of abutting and benefitted 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 5310,170.00. 2. A public hearing shall be held on such proposed improvements on the 30th day of June, 1981 in the Council Chambers at City Hall, 129 East 1st Avenue at 8:30 PM and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. This work shall be known as the 1980-4 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: Acting City Clerk Approved as to form this day of , 1981. City Attorney RESOLUTION No. 1863 A Resolution Ordering The Preparation Of Plans And Specifications County Road 16 Utilities Project No. 80-4+ WHEREAS, pursuant to Resolution No. 1862 adopted by City Council June 16, 1981, a public hearing will be held on June 30, 1981 at 8:30PM, to consider making the improvement of County Road 16 east of County Road 17 and west of the east line of Section 6-115-22 by sanitary sewer and watermain; 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, City Engineer, 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: Acting City Clerk Approved as to form this day of , 1981. City Attorney RESOLUTION NO.1864 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids County Road 16 Utilities Project No. 80-4 WHEREAS, pursuant to Resolution No. 1863 adopted by the City Council on June 16, 1981 Suburban Engineering has prepared plans and specifications for the improvement of County Road 16 east of County Road 17 and west of the east line of Section 6-115-22 by sanitary sewer and watermain and has presented such plans and specifications to the Council for approval; and WHEREAS, the plans have been approved by Shakopee Public Utilities Commission. • NOW, THEREFORE, LET IT BE 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 advertisement 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 July 13, 1981, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk, and City Engineer, or their designee; will then be tabulated and will be considered by Council at 8:00 PM on July 14+, 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 percent (5%) 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. 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H to 0 n n c+ • ' In rJ P ("D :U ID iA P • • • p • • • II d ti . • • 'w ' • •• • 0 H 0 c+ txi : • H N . 0 y I • r• 171i H hir• r ~ • • : . (I) L-,1 o O O • 3 n tri 3 0 MI 2 0 CV 3 C) C0 c) rt.) 3 o co `•; n to :� W ~ W I W I N I N -J I I I I I \..0 0 I 'U) W I H -P- I H U.) I 0 0 I 0 0 I w w I w 0 I F.1Igineer H 1 I I P I I I I I 0 - i o O i ooi 0 i 0 0 1 0 w I 0 0 1 +=o I Technician 11 I cr0 H. I I 1 I 1 1 1 I I 1 P N I N 031 Technician II — I I 0 0 I O O I O N I -J N I O O I I o N I �"Co Inspector U. , a, F•• 0 00 i 00 0o I 0 ..- 00 1 00 1 00 1 1- , Technician Ics- .inspector Io , 0 I IK N N I I I I Secretary �' 0 W I 0 W 0 0 I N I 0 0 0 0 I 0 0 I 'U) VI I .... H 1 Vl 1 I I I I-, I Co N f W I o I W Cs\ I H ON I CoO VVI I O O I �"N I W vi 1 N kO 1 Jlotal 1 1 1 1 I 1 I 1 • -p" I I I F- \o I I I I N I I I I O --i I Co%.0 1 N I N I I 1 i N 1 1 O VD -P 1 N N I I Engineering I CD -J 0 'J 0 0-J 1 0 0 I Cr co 1 4., I - W 1 Dept.. • ee / ` J MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland , Finance Director RE: Property and Liability Insurance DATE: June 10, 1981 Introduction The general liability and property insurance policy expires June 30, 1:01 . Quotations have been obtained from three sources and our agent (Capesius Agency, Inc. ) has compiled and reviewed the quotation. Background The three sources submitting quotations are : 1) Transamerica: This company has covered the city for many years , experience and service has been very good , the city and Scott County are the only governmental units covered by them in the state. 2) League of Cities : This program has been in effect for one year, there is the indefinate possibility of a dividend at some point in the future and the League could not supply any more definite infor- mation than that . 3) The Home : This company is dropped from further consideration because their quote $10, 748 was higher than the next quote, they will not insure fire equipment at the scene of a fire and they do not offer umbrella coverage . Attached is a letter from the assistant City Attorney which ad- dresses the question of umbrella coverage . In order to have the umbrella, the city would have to have $500,000 combined single limit coverage . Also attached is the report compiled by Capesius Agency. The following points should be noted: 1 . Preimium as quoted (without umbrella) Transamerica $31 ,863 League $32 ,403 2 . Umbrella premium Transamerica $3 ,643 League 3 ,863 3 . Property Insurance deductable Transamerica $100 League $250 4. Fire legal liability not included by Transamerica. Coverage does not apply to the City because we do not rent space from someone else. 5 . Fellow Employee exclusion Transamerica does not cover employee suing each other as is standard coverage . The League would cover this . This coverage is not considered to be significant . 6 . League package includes bonding only for Treasurer. I con- sider this unacceptable . Addition policy for present bonding coverage for all employees would be an estimated $800. P C? 7 . In dealing with Transamerica , there is only the agent and the company involved . In dealing with the League program there is the agent , the League , the management company, the insurance company and a separate claim adjustment bureau. 8. Based on our claims experience , I do not feel there would be any material benefit for the City to raise the collision de- ductible to $250. 9 . If the Council chooses not to have the umbrella and to stay with Transamerica, the $300 CSL could be maintained at a re- duced cost of $1190.00 NOTE: The premium for the current policy was $41 , 188 . Total Costs City & SPUC A B Transamerica League 1 . Basic Quote $31 , 863 $32 ,403 2 . Basic with umbrella 35 , 506 36 ,266 3. Basic with comparable bonding 31 ,863 33 ,203 4. Basic at $300,000 CSL 30,673 N/A 5. Basic with increased auto deductable 31 ,118 30,532 6 . Basic w/umbrella w/auto deductable 34, 761 34, 395 7 . Basic w/comp bonding w/auto deduct 31 , 118 31 , 332 8. Basic w/umbrella w/bonding w/auto deduct 34, 761 35 , 195 9. Basic w/umbrella w/bonding 35 ,506 37 ,066 Recommendation #3A or #9A Alternatives without bonding are specfically not recommended (#1 ,2 ,4, 5 & 6) GV/jam 0• TJ I ca I Capesius Agency, Inc YOUR INDEPENDENT INSURANCE AGENTS P.O. Box 97. First National Bank Bldg., Shakopee, MN 55379 Tel. (612) 445-1922 CITY OF SHAKOPEE & SIIAKOPEE PUBLIC UTLITIES COMI•'flSION & SHAKOPEEE COMMUNITY SERVICES & SILAKOPEE HOUSING & RE1)EVELOPIiENT AUTHORITY - SIiAKOPEE, IfNNELSOTA INSURANCE PREMIUM QUOTATION. SUMMARY TRANSAIERICA LEAGUE AGUE HOME PROPERTY $ _�r 670 ._ .$ 6,366 __.. $ 12,459 INLAND MARIAIE 2,369 2, 504 4,135 GENERAL LIABILITY 7,946 9,b40 8,089 CRIME 112 270 33 Ai_'TOI IOBILE 11,012 12,472 ; 17,169 BOND 295 829 837 FLATS GLASS 1 459 322 429 UI PLJ LLA * 3,643 * 3,863 *Not Quoting 31,863 . 32,403 43,151 TOTAL * 35, 506 * 36,266 ) * * Optional - Not Currently Carried CITY OF SHAKOPEE - 1 - <J PROPERTY: $4,258,661 - Blanket Real Property - Per Statement of Values - 90% Co-Insurance - $100 Deductible $ 556,043 - Blanket Personal Property - Per Statement of Values • - 90% Co-Insurance - $100 Deductible SUBJECT TO: "All Risk" Coverage including Theft Replacement Cost Coverage Agreed Amount Indorsement Time Element: $ 1.0,000 - Extra Expense - City Hall $ 20,000 - Extra Expense - Police Dept. $ 30,000 - Extra Expense - Utilities Office * LEAGUE OF CITIES BID BASED ON $250 DEDUCTIBLE LIABILITY: ** $500,000 Combined Single Limit Bodily Injury & Property Damage Limit of Liability Comprehensive General Liability Coverage Form providing coverage for: Premises & Operations Independent Contractors Products & Completed Operations Broad Form Property Damage Fire Legal Liability Incidental Malpractice Liability Host Licuor Law Liability Owned Watercraft Liability Employees as Additional Insureds Blanket Contractual Liability Personal Injury Liability - "Employee" Exclusion Deleted • * Deletioof "Fellow Employee" Exclusion $1,000/$10,000 Premises Medical Payments COVERAGE EXCLUDED: Airport Liability Utility Supply Failure Police Professional NOT INCLUDED IN HOME INSURANCE QUOTE OR TRANSAMERICA QUOTE GLASS, *- * LEAGUE OF CITIES BID INCLUDES $250 DEDUCTIBLE ON PROPERTY DAMAGE All Risk Coverage - Per Schedule - No Deductible CRIT : Broad Form Money & Securities Coverage: City Hall: $5,000 Loss Inside Premises $5,000 Loss Outside Premises Utilties Office: $7,000 Loss Inside Premises $7,000 Loss Outside Premises CITY OF SHAKOPEE - 2 -- I AUTOMOBILE: $500,000 Combined Single Limit Bodily Injury & Property Damage Liability $ 30,000 Personal Injury Protection $500,000 Uninsured Motorists $500,000 Underinsured Motorists $ ACV - Comprehensive $100 Deductible - Collision $500,000 BI&PD - Hired & Non-Owned Vehicles Liability Per Current Schedule of Owned Vehicles BOND: - $50,000 - Public Employees Blanket Bond *LEAGUE PREMIUM ONLY INCLUDES COVERAGE FOR "TREAS or" UMBRELLA: $1,000,000 Limit of Liability - $10,000 Retention Excludes: Police Professional La:: Enforcement Liability Public Officials Errors & Omissions Liquor Liability Failure to Supply Utilities INLAND hAARINE: $ 99, 885 - Contractor's Equipment - Per Schedule $ 49, 805 -- Misc. Equipment Floaters - Per Schedule $147,629 - Fire Department Equipment - Per Schedule Valuable Papers & Records Coverage: $550,000 - City Hall $ 10,000 - Police Dept. $ 10,000 - Utilities Office "ALL RISK" Coverage - $100 Deductible * NO COVERAGE FOR EQUIPMENT AT SCENE OF FIRE IN HOME INSURANCE QUOTE ONLY CITY OF SHAKOPEE - 3 — C0MMENTS & OPTIONS: 1) Current Proposals are for $500,000 CSL Limit of Liability on both the Comprehensive General Liability and Automobile Liability. Your current policies are providing $300 '300,000 limits of liability only. The reduction in premium for the $300 '300,000 limits of liability would be as follows: Transamerica - $1190.00 Total Reduction League - $ N A - Not Offered Home - $ 856.00 Total Reduction 2) The UMBRELLA LIABILITY POLICY premium shown is an optional coverage. The City is not currently carrying this protection. 3) Under the Automobile Policy, to change to $100 Deductible Comprehensive and $250 Deductible C011ision, would result in the following premium SAVINGS: Transamerica - $ 745.00 Total Reduction League - $1871.00 Total Reduction Home - $ 968.00 Total Reduction 4) Premium Froposals obtained and shown are based on the new Statement of Values prepared May, 1981, and other values presently shown in your current policy. All values should be reviewed so changes can be made Aere desired. Thanking you, we are Respectfully, CAPESIUS AGENCY, INC. 129 SO. Holmes Street Shakopee, Minnesota 55379 ss 6-10-81 Law Offices of KRASS, MEYER & KANNING Chartered Phillip R. Krass Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kenning Shakopee, Minnesota 55379 (612)445-5080 MEMORANDUM RECt7-1147-7LD TO: The Honorable Walter C. Harbeck, Mayor AUG 5 MO Douglas S. Reeder, City Administrator FROM: Phillip R. Krass CITY OF S AKOPEE DATE: August 4, 1980 SUBJECT: Insurance Coverage I have had an opportunity to review our insurance coverage with Dallas Capesius and Lee L, Hennen of the Capesius Agency. Both have been very helpful in providing the information I needed and informing me of their present proposals. I have concluded that the City now has the maximum insurance coverage from a standpoint of individualsinsured that is available. I have this assurance from Mr. Capesius. The information I have received indicates that the reason the City was not covered in the Link Lawsuit was that no individuals were named as Defendants (such as the City Engineer or the Mayor) , but only the City itself was named. For reasons that are beyond my comprehension, coverage was not afforded us as a governmental agency, coverage was only afforded to individual agents. That situation has now been rectified and the City itself has been listed as a named insured. Jack Coller handled the Link Lawsuit and I have no explanation as to why there was not some effort to bring in insurance coverage. After reviewing the new "Law Enforcement Officers and Officials Liability Coverage" which was originated through the International Association of Chiefs of Police, I have concluded that while the proposed increased coverage there is a significant pricetag, it is worthwhile. Recent case law from the United State Supreme Court leaves police officers, in particular, more susceptible to civil rights lawsuits and this coverage will assist with that problem. I personally favor the umbrella coverage being recommended by our insurance agent and have such coverage on the attorneys in our firm. As of this date such umbrella insurance is unnecessary from a standpoint of probable liability since a municipality statutory maximum exposure is $300,000 per incident, but the courts are steadily whittling away at that maximum and in area after area, municipal immunity is being dispensed with. Moreover, if the City injures an individual , $750,000 worth as an example, and we could of at very little additional cost provided insurance coverage to compensate said individual for that injury, a good argument can be made that we are under some moral obligation to do so and a validly injured individual should not be procluded from reasonable compensation because they were run over by a City truck instead of a Sears truck. J The Honorable Walter C. Harbeck and Douglas S. Reeder Page 2 August 4, 1980 I will be happy to answer any specific questions you may have. Yours very uly, KRASS R KANNING CHARTERED P, lip R. rass PRK:ph File #1-1373-90 cc Greg Voxland cc Lee Hennen 1 MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: ICC Bills (K.C.Bill) DATE: June 10, 1981 The bill forwarded to the City by the Industrial Commercial Commission from the K.C. Hall includes $466.50 for liquor. Request that Council be specifically made aware of that fact before they approve the bill. GV/ljw Y r • H 1-4 * .• • r r . • 4 +- r rr . r r. -rr Y.' 1- ' • - • .- * ' 31 O1 • 0• a' • O1 • C .T J1 • C�u C .'1 an JO' 01 r r J• • C• J1 • CA • 71 c' n 0 • r.. • r-•-+ • r • r )+ • -+r r• A4 r r r r r r r A.A..- • r • r r I va JI rr. * U(.. • • (N '.1 N) • N N n4 ry ,') N Al 1) N NJ N fJ N NJ • Aj • 'J (.) 1 J C• • A • r 1 .V • -1 �1 V U. •1 O C• C' C' C 0 C' 'T C' * A • 32 L x n 7 -• • O T .. • • •. C_. . ) . ..l. r . p ''. L' R•T T .'1 T C. 01 T .1` f'. .3' P C1 .s N O1.n `P a' .T O1 L'' ('. 1 v) � \ - \ \ \ \ \ \ \\ \ \ \\\\\.\ \ \\ \ \ \ rr T. N'.. 1".... r r H . r - N r A.A. A.A.A. .+ 1- A-N .- r A. L . 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ND H' -A • -1 O1 H H NC) �1 01 H' NO U1 O) N) H H H N N0 n 71 -N 0 O1 -4 H -N -.1 0 JA 01 C.O U) 0/ 0/ -A Ul N N H H • CO COO 1—' CO OJ (o Co H H CO ()) Ul H NO 0 N 01 -4 CO Ir O �1C0JN 0 CO J 0 H 0 0 0 N 01 (X) -7 0 -) N CO NO w Cil Ul co( .) U, O w 0 rn 0 N) O CO Ul 0 O, O1 j H .NNOO H U1 0 0 0 0 �1 0 0/ H N 0 0 0 0 v v v v v J J v v v v v v J r NO NO NO NO NO NO NO NO NO NQ NO NO NO NO • co co co CX) CX) CX) CO OD 00 v J '\7 v v o Co �1 U1 -N CO N H 0 Nfl OD -) Ol 01 C-' SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS I June 1981 t Mayor Walt Harbeck Members, City Council Mr. John Anderson, Administrator Mr. Greg Voxland, Finance Director City Hall 129 East I st Avenue Shakopee, Minnesota 55379 RE: Public Subscription of Shakopee's Tax-Exempt Bonds You have requested our opinion on the practicality or possibility of offering to the Shakopee public an opportunity to buy City of Shakopee tax-exempt bonds. We assume the primary objective of such a program would be to permit local investors the opportunity to gain access to tax-exempt income with smaller investments than the traditional $5,000 minimum currently required to purchase a single bond. We draw specific reference to the motivational factor behind such a program, since we do not feel any successful such program will result in reduced costs. Interest costs would probably not be lower since you would in all likelihood, not wish to offer bonds to the Shakopee public at lower yields than they could obtain with other capital investments. In addition, for reasons to be listed hereinafter, we feel your administrative costs for dealing with a program per bond will be sharply higher than your current cost for raising capital, in administering that program. In the event you wish to undertake a proposed program of public subscription we believe the most effective way would be to determine well in advance your capital requirements for one or more specific projects, and then to make a projection as to how much of that financing might be possible to place with local investors. You then could offer that maximum amount of bonds to the public. If your offer results in under subscription, you could finance any balance with the total financing package you would take to competitive bids in your normal manner. Before undertaking such a program, several critical decisions would have to be made besides just the amount to be offered for local sale. These decisions would include: 1. The minimum denomination of investment you would accept. For example if you agreed to accept a $ 100 minimum investment, you would have a broader potential participation, but at the same time you would create an extremely high cost for administering the program per obligation. 800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222-4241 7 City of Shakopee, Minnesota I June 1981 Page 2 2. The yield to be offered on the bonds. You would want to maintain a competitive position with other comparable offerings. Since the subscription period might take 30 days or longer, who will make the decision as to what yield or price will be accepted in a volatile market, where rates can change as much as a quarter percent or more each week. 3. The maturity of bonds offered. Will you give a local investor any maturity they chose, or will you require them to take bonds of a maturity designated by the City? Who will determine this? 4. Who will administer the program, which administration will involve at a minimum the following matters: a. Determining the form of the obligation and the interest coupons. b. Acting as paying agent to compute and mail payments semi-annually for interest payments and annually for principal maturing. c. Registering the obligations at original issue, transferring registrations, providing replacements for lost obligations, and answering a myriad of questions from persons who may be making this type of investment for the first time. d. Cancelling paid coupons and obligations. It is difficult to determine the cost of such administration without knowing the details of the program, but in our opinion if such a program became an annual program with any meaningful participation, we doubt anyone on your current staff with the experience to administer a program of this kind would have the time to do so. This would require, therefore, staff additions. Our concern to this point has been involved with the problems of soliciting investments of less than $5,000. There are alternative methods of ensuring allocation of bonds for local investors who might have a $ 1 ,000 or more to invest. One method might be to approach a local hank about their willingness to negotiate and take-down an allocation of bonds in $ 1,000 or greater denominations. The bank upon purchasing the bonds from the City could reoffer the bonds to local investors, at prices and yields to be determined through negotiations between seller and buyer. The bank could act as paying agent for these bonds, although the City might have to pay those paying agency costs, which by necessity would have to be higher than comparable costs now being incurred from major paying agencies on your existing bond issues. Another method might be to sell all your bonds in a normal manner, but to indicate to prospective purchasers (underwriters or major banks) that a local Shakopee bank would purchase from them a certain number of bonds of various maturities at market rates based on the reoffering scale of that issue. The bank could therefore be guaranteed a certain number and volume of bonds .' V City of Shakopee, Minnesota June 1981 Page 3 which it could either hold partially in its own portfolio for future trading, or could sell directly to local investors upon delivery of the bond issue. This letter represents a rather superficial overview of a most complex subject, but until additional details might be available as to possible program, it will be difficult to be more specific. One of the basic issues which must be considered in the development of such a program is the feasibility of tax-exempt investments for persons of various income levels. For some persons, taxable investments might be more financially feasible than tax-exempt investments. I've listed below the taxable equivalent yields of an 8% tax-exempt bond coupon to persons in various tax brackets. Taxable Equivalent Yield Tax Bracket 8% Coupon 10% 8.80% 20% 10.00% 30% 11 .43% 40% 13.33% 50% 16.00% This question as to the feasibility of tax-exempt investments for small purchasers may create some additional exposure for the City to lawsuits over the quantity and quality of any information provided by the City to potential investors, either in the form of the Official Statement, or in answers to questions by potential investors as to yield to maturity, value of bonds if sold before maturity and security for the issue. In developing this information for you we made no attempt to evaluate whether a program as outlined by us would meet the requirements of Minnesota and federal security laws, and we do not know whether City personnel charged with selling the bonds would require licensing or certification as a broker, dealer or investment advisor. If you have any questions relative to this matter please feel free to contact us. Very sincerely yours, /kw- Robert D. Pulscher /kup /ac? MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Direc r RE: Replacement HVAC unit DATE : May 29 , 1981 LeRoy Houser has obtained quotes for a new HVAC unit for the east side of City Hall . There is $7 ,000 budgeted for this item. The quotes are : Stein' s $ 7 , 654. 50 Associated $ 4, 890.00 The main cost difference is due to additional duct work needed for the unit Stein ' s is bidding. Recommend that the bid of Associated in the amount of $4, 890.00 for a 7% ton HVAC unit be accepted . GV/ljw /0k) MEMO TO: John K. Anderson, City Administra or FROM: Gregg Voxland, Finance Direct C RE: New Boiler - City Hall DATE: May 29 , 1981 LeRoy Houser has obtained quotes for the replacement of the boiler for the west side of City Hall . There is $7 ,000 budgeted for this. If we do not plan on a new facility in the very near future this boiler should be replaced. The quotes are : Associated $ 5 , 152 .00 Stein ' s $ 4, 954 .00 Recommend the quote of Stein ' s be accepted in the amount of $4, 954.00 for replacement boilers for the west side of City Hall . GV/ljw / ) MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: Resolution No. 1857 , A Resolution Adopting a Diseased Tree Removal Policy DATE: June 11 , 1981 Background At the June 9, 1981 meeting of the Shakopee City Council , the above Resolution was considered. The attached policy incorporates the changes recommended by the City Council at that meeting, including the exclusion of state aid for trees removed on private property and discontinuation of the low-income subsidy program. Recommended Action City Council adopt Resolution No . 1857 , A Resolution Adopting A Diseased Tree Removal Policy. JA/jms , DCS CITY OF SHAKOPEE DISEASED TREE REMOVAL POLICY CONTROL AREAS In accordance with state law, the City of Shakopee has desig- nated the populated areas of the City as the areas where diseased tree program will be enforced. A map is available in City Hall designating the control areas . Basically the control area is all of the built up area of Shakopee including all of the scattered subdivisions . In non-residential areas the control program will apply only to those areas within 4 mile of four non-farm homesteads . Final determination of whether any area is included or not will be made by the City Administrator if a question arises . PUBLIC TREES 1 . The City of Shakopee will remove as quickly as possible all diseased trees located on public property. This includes trees located on street boulevards and in city park areas . Anyone find- ing a tree on public property which appears to be diseased but which has not been marked , should report the tree to the City. 2 . The City will not remove boulevard trees which are not infected with Dutch Elm or Oak Wilt Disease . Other trees which die or need the removal of dead branches are the responsibility of the property owner. PRIVATE TREES The removal of diseased trees from private property is the responsibility of the property owner; however the City has now provided several methods by which the trees can be removed and the removal paid for . A. Private Removal 1 . A private property owner may remove a diseased tree him- self or hire a private contractor and dispose of the tree and branches in an appropriate manner within the allowed 20 day period after the tree has been marked and the owner notified . 2 . A private property owner may remove a diseased tree him- self or hire a private contractor to take the tree down and place it along the curb (not in the street) and the City will pick up the tree and remove it . For this service the follow- ing requirements must be met . a. Only trees with Dutch Elm or Oak Wilt will be picked up by the City. Other types of trees will not be removed . b. The Public Works Department (445-2211 ) must be notified one day in advance to allow them to schedule the tree pick- up on a timely basis . -2- c. ld � Large tree pieces must be cut to 6 feet lengths or less . d. Branches must be piled uniformly with stems at one end. e. Trees must be placed next to the curb, or edge of street , not in the street and if possible not on the sidewalk. The City crews will not go on private property to pick up trees . B. City Removal of Private Trees A property owner may request the City of Shakopee to remove a diseased tree if he wishes . To do this the property owner must complete the appropriate forms requesting removal and waiving their right to a public hearing for assessing purposes . These forms must be returned to the City as soon as possible and in no case after the 20 day removal period has elapsed . The City can remove trees from private property only if the property is zoned residential or used for residential purposes and only if the property is less than 5 acres . CITY TREE REMOVAL The City of Shakopee does not have the manpower or the equipment to remove all of the diseased trees in Shakopee. To remove trees on private property, the City will enter into contracts with private tree removal companies . The awarding of the contracts will be on a compet- itive basis to assure the lowest possible cost to the City and the property owners . The private contractor will be required to have the appropriate insurance coverage to cover himself in case of damage to private property. The contractor will also have to demonstrate to the City their ability to remove trees in a timely and workman-like manner with the least possible inconvenience to the property owner. The tree contractors will be hired by the City rather than the property owner. The City expects to have several contractors working at a time and the assignment of a contractor to a property will be solely at the discretion of the City. The City Tree Inspector will inspect each property after the tree has been removed to insure the quality of the work done. Payment to the contractor will not be made until the job is completed to the satisfaction of the City Tree Inspector. PAYMENT OF COSTS FOR CITY REMOVAL OF PRIVATE TREES If the City removes a tree from private property the property owner will be assessed the total cost of the removal . Therefore if a tree is removed the property owner will receive an assessment on his next tax statement in the amount of the cost of removing the tree. The assessment will be totally assessed in one year unless the property owner has more than four trees removed. If more than four trees are removed the assessment may be spread over five years . The property owner will receive notice of a public hearing on the proposed amount of the special assessment . This public hearing will be in September. The property owner will have thirty (30) days to pay the assessment in full . If not paid, the assessment will be certified to the County Auditor and included on the property owner' s current year Tax Statement , payable the following year. REFORESTATION The City will , to the extent possible under the current budget , attempt to replace boulevard and park trees removed because of disease . 6/11/81 • l' RESOLUTION NO. 1857 A RESOLUTION ADOPTING A DISEASED TREE REMOVAL POLICY WHEREAS , Minnesota State law provides for municipalities to adopt and carry forth policies relating to the identification and removal of diseased trees , and WHEREAS , the City Council of the City of Shakopee recognizes an ongoing policy will assist in an effective and efficient response to the mandates of the State law and City Code relating to removal of diseased trees and provide a worthwhile community service . NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE that the attached Diseased Tree Removal Policy is hereby approved and adopted and City officials are hereby directed to follow said policy in the provision of diseased tree control . Adopted in adjourned regular session of the City Council of the City of Shakopee , Minnesota held this day of June , 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of June , 1981 . City Attorney s. J/c Z, MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: New Legislation/Public Employees Retirement Assoc- iation DATE : June 12 , 1981 Introduction: New legislation allows City Administrators to opt out of the Public Employees Retirement Association (PERA) , with both the employee ' s and city' s share contributed on behalf of the Administrator to a deferred compensation fund such as the International City Management Association-Retirement Corporation. Each Administrator must decide to opt out by June 20th, 30 days from the signing of the bill . Background: I am considering which of the two programs are best suited to my needs . I will be prepared to make a choice by Tuesday and if I decide to go with the new program, I will have the two appropriate resolutions ready for your approval . The enclosed sample agreement and resolutions will be corrected to read "Shakopee" , and its "Administrator". Summary: I have also attached a "position paper" that describes the rationale for the legislation which has been passed. JKA/jam lf AGREEMENT RELATING TO DEFERRED COMPENSATION THIS AGREEMENT made and entered into this day of , 1981 , by and between City of Robbinsdale, a Minnesota municipal corporation ("City") and WALTER R. FEHST, a natural person serving in the capacity of City Manager of City ("FEHST") , WITNESSETH: WHEREAS, Fehst has elected to be excluded from membership in the Public Employees Retirement Association of the State of Minnesota, which election has been approved by the City Council of the City; and WHEREAS, both City and Fehst are desirous of having an amount equal to the employer contribution which would be required by Minnesota Statutes, Section 353.27 , Subdivision 3, if Fehst were a member of the Association, added to his other compensation, of whatever kind or nature, and contributed on behalf of the City Manager to a deferred compensation program which meets the require- ments of Section 457 of the Internal Revenue Code of 1954, as amended through December 31 , 1980; and, WHEREAS, the fund of the International City Management Association-Retirement Corporation qualifies as such a fund ; NOW, THEREFORE, City and Fehst agree as follows : 1 . City agrees to increase Fehst's compensation in an amount equal to the employer contribution which would be required by Section 353.27 , Subdivision 3, if the City Manager were a member of the Public Employees Retirement Association. This compensation shall be in addition to his stated salary now in effect or which may hereafter be established from time to time. 2. City and Fehst agree that such additional compensation is to be deferred and shall be contributed on behalf of Fehst to the deferred compensa- tion fund of the International City Management Association-Retirement Corporation. 3. The provisions of this agreement are effective immediately upon the effective date of Fehst's election to be excluded from membership in the Public Employee' s Retirement Association. IN WITNESS WHEREOF, the parties hereto have executed this agreement this day of June, 1981 . WITNESSED BY: CITY OF ROBBINSDALE BY Its Mayor (SEAL) WALTER R. FEHST 1 RESOLUTION NO. RESOLUTION AUTHORIZING AGREEMENT WITH CITY MANAGER RELATING TO DEFERRED COMPENSATION WHEREAS, Walter R. Fehst, ("Fehst") , City Manager of the City of Robbinsdale, has elected to be excluded from membership in the Public Employees Retirement Association, which election has been approved by the City Council ; and, WHEREAS, prior to such action the City has contributed an employer's contri- bution to the Public Employees Retirement Association for his account; and , WHEREAS , by reason of such election, the City's employer contribution to PERA on his account will cease; and, WHEREAS, Minnesota Statutes, Section 353.025, Subdivision 3, provides as follows : "[DEFERRED COMPENSATION; CITY CONTRIBUTION.] If an election of exclusion is made, and if the City Manager and the govern- ing body of the City agree in writing that the additional compensation is to be deferred and shall be contributed on behalf of the City Manager to a deferred compensation program which meets the requirements of Section 457 of the Internal Revenue Code of 1954, as amended through December 31 , 1980, the governing body may compensate the City Manager, in addition to the salary allowed under any limitation imposed on salaries by law or charter , in an amount equal to the employer contri- bution which would be required by Section 353 .27, Subdivision 3, if the City Manager were a member of the association." WHEREAS , the City Council desires to exercise the authority conferred by the aforementioned Subdivision 3, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Robbinsdale, Minnesota , as follows: 1 . In addition to the City Manager's salary now in effect or which may hereafter be established from time to time as his stated salary, Fehst shall be compensated in an additional amount equal to the employer contribu- tion which would be required by Minnesota Statutes, Section 353.27 , Subdivision 3, if he were a member of the Public Employees Retirement Association subject, however, to the provisions of the following paragraph of this resolution. 2. Such additional compensation shall be paid only if and during the time that there is an agreement between City and Fehst wherein it is agreed in writing that the additional compensation is to be deferred and shall be contributed on behalf of Fehst to a deferred compensation program which meets the requirements of Section 457 of the Internal Revenue Code of 1954, as amended through December 31 , 1980. i , a./ 3. The Mayor, acting for and in behalf of the City, is hereby authorized and directed to enter into an agreement of a type described in the foregoing paragraph no. 2 with Fehst. Upon the execution of such agree- ment, the Mayor, City Manager and other appropriate officials of the City are authorized to take the actions necessary to give effect to the provisions of such agreement. Member moved and Member seconded the motion that the following Resolution be read and adopted this day of , 19 • Ot RESOLUTION NO. A RESOLUTION APPROVING ELECTION OF WALTER R. FEHST TO BE EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION • WHEREAS, Walter R. Fehst has notified the City Council of his election to be excluded from membership in the public employees retirement association and has provided this Council with a copy of his written election to do so , all as authorized by Minnesota Laws 1981 , Chapter (Minn. Stats. 353.025) ; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Robbinsdale as follows : 1 . The Council makes the following findings : (a) Walter R. Fehst is the City Manager of the City of Robbinsdale, Minnesota. (b) That position is provided for in the Home Rule Charter of the City of Robbinsdale. (c) He was duly appointed to serve in that position effective August 1 , 1979, and he has held that position continuously since that date. (d) The City Manager is the chief administrative officer of the City of Robbinsdale. (e) Acting under Minnesota Laws 1981 , Chapter (Minn. Stats. 353.025) he has elected to be excluded from membership in the Public Employees Retirement Association, effective upon his filing such election with the Executive Director of that association. (f) In making this election he has agreed that he will not at any time in the future seek any authorization to purchase service credit for any period of excluded service. He has further agreed that this election is irrevocable. 2. Said election is therefore approved. 3. A certified copy of this Resolution shall be provided to the Executive Director of said association. The question was on the adoption of the Resolution and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: -2- Q/ WHEREUPON SAID RESOLUTION WAS DECLARED DULY PASSED AND ADOPTED THIS DAY OF , 19 Raymond A. Mattson, Mayor ATTEST: Douglas J. Upton, City Clerk (seal ) POSITION PAPER Background The League of Minnesota Cities has adopted a policy position con- cerning the problem of retirement benefits for certain pro- fessional persons in city management working in the State of Minnesota. The League felt that these critical positions were unique in their problems of mobility and justified special con- sideration for pension purposes . The League policy closely parallels the policy statement of the Minnesota City Management Association. The Minnesota City Management Association represents all the positions of city management in this state recognized by the International City Management Association as positions of broad managerial responsibility. The Association' s analysis of the issue has resulted in the policy as follows in this position paper . There are presently 92 positions of city management in the State of Minnesota recognized by the International City Management Association (IC1`•M)1) . The ICMA serves as the professional organi- zation for city management professionals in the United States. One feature of the city management profession is the mobility of these individuals resulting in the lack of tenure in one locality. The average tenure for the position averages 4 . 8 years . The lack of tenure relates to the upward mobility of the profession (the need to move out in order to move up) and the exposure to the political process which comes with the position. The mobility of the profession crosses all 50 state boundaries and most pro- fessionals find themselves serving a number of localities and states during their careers of service to the public . The characteristics of the profession result in difficulties for many members of the profession to provide themselves with retire- ment benefits upon reaching the age of retirement. The lack of necessary work time in various states in order to obtain vesting ( in Minnesota , vesting is obtained at ten years of service) and vesting in some funds at benefit levels reflecting salaries many years outdated by inflation , are unique problems to the profession. Very few other public employees have the mobility problem on an interstate scale and as a result are well served by the statewide retirement plans . It is felt that this problem should be address- ed by appropriate legislative action. Resolution of the Problem The Minnesota City Management Association suggests that the resolution of the problem lies in amendment to the Minnesota Statutes relating to the Public Employees Retirement Act (PERA) . Municipalities through their city councils should be given the opportunity to work with their city management professional to provide alternate retirement plans for that position. Legisla- tion should allow for the exemption of the position from PERA -2- • /( provisions on the condition that the contributions which would have been made by the employer and employee would be donated to a deferred compensation program for the employee ' s retirement years . This program would provide the mobility necessary for the profession . The cities in Minnesota would be enhanced by the more favorable position that they would find themselves in for recruiting of top level professionals . Most city management professionals would opt to participate in the deferred compensation plan of the International City Manage- ment Association - Retirement Corporation (ICMA-RC) . ICMA-RC was organized in 1973 by sponsorship of the ICMA, National League of Cities , U.S . Conference of Mayors , American Society for Public Administration , and other interested parties . The ICMA-RC was organized to provide portable retirement benefits for mobile public servants who often lose, or experience a significant reduction in their retirement benefits due to the career mobility . At the end of 1980, the plan was utilized by 1100 local governments covering 7 ,600 employees with receipts in 1980 of nearly $12 . 6 million. The option does not preclude other forms of deferred compensation. The cost to the state and municipality is no greater than the existing PERA plan. . Rather than the contributions being made to PERA, the local government makes them to the deferred compensation plan. There are three precedents existing -on the exemption from local pension programs in favor of other pension programs in Minnesota. In 1977 , the city coordinator and four assistants were exempted from the Minneapolis Municipal Employees Retirement Fund (MERF) (422A. 090 Section 4) . This allowed these positions to utilize the normal MERF contributions for a deferred compensation program. Also in 1977 , the Metropolitan Waste Control Commission was allow- ed to exempt its trademen from the Minnesota State Retirement System (MSRS) in favor of the more traditional trade union coverage available to them. In 1980, the Police Chief of the City of Minne- apolis was excluded from participation in the local Police Relief Association and allowed to utilize a deferred compensation plan. . All of these precedents face a similar unique problem that con- fronts the city management profession. Summary It is the opinion of the League of Minnesota Cities and the Minnesota City Management Association that favorable consideration of legislation to correct. the aforementioned problem is beneficial to the professional in city management , and consequently , to the7-- recruitment -recruitment of these individuals by municipalities in our state. We would strongly encourage the favorable consideration of this matter . 1 MEMO TO: John Anderson City Administrator FROM: Don Steger City Planner RE: Planning Commission Decision on Link Conditional Use Permit Request DATE: June 12, 1981 At the meeting of the Planning Commission held June 11, 1981, the Planning Commission moved to approve the request made by James Link for a Conditional Use Permit to move in an existing single family dwelling to 1001 Eastview Circle, subject to the following conditions: 1) The owner must show proof of ownership of the lot prior to the issuance of a Building Permit and moving of the structure; 2) The house must meet all requirements of the Building Code within six months after it is moved; 3) All setback requirements of the R-2 Zone must be met; 4) The City Engineer shall approve a drainage plan for the lot prior to moving the structure; 5) A landscape plan must be approved by the City Planner prior to the issuance of a Building Permit. The applicant has been advised of the 7-day appeal time frame process. Should he choose to proceed before the seven days have elapsed, he has been advised that should an appeal be filed he will have to stop construction immediately and should the City Council choose to reverse the decision made by the Planning Commission, he would have to restore the property to its original manner. jiw