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HomeMy WebLinkAbout08/18/1981 ti MEMO TO: Mayor and City' Council ` QOM: John K. Anderson, City Administrator RE: Non-agenda Informational Items DATE: August 13 , 1981 1 . Notice of Ad Hoc Downtown Committee meeting August 20, 1981 . The purpose of this meeting is to obtain a better idea of what can be done, the steps involved and potential funding tools . This is not yet the soliciation of a specific consult- ing firm, and it should be a very informative meeting. 2 . LeRoy is on vacation this week and will be attending school next week. Howard Staska is doing our inspections and Jeanette and Patty Schulz (summer CETA employee) will cover the desk. Phyllis and LeRoy will stop in after hours the second week when Pat is covering the desk and Jeanette is on vacation. The new Building/Assessing secretary starts August 24, 1981 . 3 . I held a meeting on August 7 , 1981 with all non-union employees to "clear the air" regarding the City ' s hiring policy as it related to the hiring of the new Building/Assessing secretary. The meeting went well and we covered other areas of concern that I will review with you after the budget is completed and we have time to discuss them. 4. Jeanne Andre has received notice from Met Council that the have recommended Shakopee ' s JEJ Park Grant (LAWCON Grant) for $42 ,500. We ' ll let you know when we get final approval . 5 . The Fire Department and Renaissance Festival have finalized the agreement Council approved for fire service for 1981 . The Department should be receiving $3705 for their services for the year. 6 . The Hockey Association, Contractor and City have now executed the release for the law suit . The amendment to the Lease Agreement and release are on the August 18, 1981 agenda for Council action. 7 . Attached is the monthly Assessor ' s report for the period ending July 31 , 1981 . 8. Attached is the monthly Building Inspector ' s report for the period ending July 31 , 1981 . 9 . Attached is a thank you letter from the Association of Metro- politan Municipalities . 10. Attached is Jack Coller ' s quarterly report for the second quarter of 1981 . , Non-agenda Informational Items August 13 , 1981 Page Two 11 . The City has been releasing developer' s agreements administra- tively when all improvements are in place and paid for. We have blanket releases for whole subdivisions when the developer does all the work, and partial releases for individual lots in subdivisions that include City 429 projects with assessments . The release form was prepared by the Asst . City Attorney and the process is covered by the attached administrative policy. We come to Council when the developer has asked to replace the developer' s agreement with a letter of understanding (letter of credit) for remaining improvements that need to be installed eg. sidewalk for Gary Laurent. Call me if you have questions . 12 . Attached for your information is a Bond Consultants Newsletter. Please take note of the (v7) paragragh. Recent bond issue sales are covered on the back. 13 . The J.E .J. park shelter is up and being referbished by the Neighborhood Committee. The playground equipment has just arrived and will be installed soon . The Committee is doing an excellent job so far. 14. The power line discussed in the attached notice does not go through Shakopee . 15 . Attached is a letter from Tom Hagedorn regarding Revenue Sharing. 16. Attached are the minutes of the August 11 , 1981 Ad Hoc Cable Communications Committee meeting. 17 . Attached are the minutes of the July 28, and August 4 and 11 , 1981 , Eastside Park Steering Committee meetings . 18. Attached are the minutes of the July 8, 1981 Industrial Commercial Committee meeting. 19 . Attached are the minutes of the July 8, and July 13 , 1981 SPUC meetings . 20. Attached is a memo from the City Administrator regarding Labor Negotiations with Local #320 (Public Works employees) to be discussed at the end of the Council meeting. The purpose of the discussion will be to establish parameters for labor negotiations . 21 . Attached is a memo regarding the Main Street Sanitary Sewer change order. 22 . Attached is the monthly Financial Report for the period ending July 31 , 1981 . 23 . Attached is a memo from Jeanne Andre regarding Videotape on Community Programming. Non-agenda Informational Items August 13, 1981 Page Three 24. Attached is a memo from Don Steger regarding action by the Planning Commission and Board of Adjustment and Appeals on Variances and Conditional Use Permits . 25 . Attached is a memo from Gregg Voxland regarding sewer billing. 26 . Attached is a memo from Jim Karkanen regarding weed control . JKA/jms I/ AGENDA Ad Hoc Downtown Committee City Hall Council Chambers August 20, 1981 7:00 A.M. 1. Call to Order at 7:00 A.M. 2. Approval of July 9, 1981 meeting minutes. 3. Presentations by Consultants: a) 7:00 A.M. - Westwood Planning and Engineering Company (Richard Krier) ; b) 7:45 A.M. - Barton-Aschnan Associates, Inc. (Barry Warner and Dave Perisho) ; c ) 8:30 A.M. - Short-Elliott-Hendrickson, Inc. (Glen VanWormer) 4. Conference on Downtown Improvements. 5. Solicitation of Applicants for Kay Kenson's Replacement. 6. Miscellaneous 7. Adjournment. Don Steger City Planner :1 H __ Q.) CJ • >. .) Cr) o o C CO N J (._ 0 C) •-4 • >, .4-.) C al U) fa 0 C v ,; Q. +) C E p a • c C+ �O a) • 0 >, u -u. N >, '0 �> r. H �� Ca a u C C' •,-' C: L U ') 4- > G^ C C x J :1 j, . , J +.. N 0 L c Ett V < 5 C) 07 x L Ci ,.. JCO C .� 7 U coco >, C H L V J C) L •. N V N 4• .r.4 C - II C ^ O. 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L. > 0 -+ C it - — 0 u -7 .. l0 0 C 'a J E L 7 C of a&i ., 44"I7 > V L > C Cia D I .0 EE C) 00 .+ N C) 4) O. 7 L ••+ v .o 1.� Ci Vi 1. L. t.:-, N• F +.-• C 0 U. .. O �0 Cr) u J �" u 3 14/ c - 9 O 0 Ce C (L • II v u N a., O 0) - a V Y co ... < 4) ..--1 — L .r 11 •4) •.1 ,..a * 2 H GG 4) u 4-) at n C oo ..4 CD y a u Z >, L, C ' -`+ V ca. w a• U) n HH >, UGC. < to v '444 i x a < U U U) C E-, .--4 N CO C O H '- G H C.) cti -- ti r; c In VD N S.. Q Zc CC C CO O O C \ 3 C .0 •r--).O to N C p a., .7. O• CO N z • o z £ '--; H Trnuuy snoauE T T a:)s T W 3 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT JULY, 1981 PERMITS ISSUED July Yr. to Date Total Previous Year 5397 - 5420 Number Number V:1luation Number Valuation MO . YTD. Single Fam.-Sewered 2 20 1 , 177 , 600 5 11 631 ,000 Single Fam. -Septic 3 5 407,000 1 1 70,000 Multiple Dwellings 0 10 1 , 104,000 1 8 2, 485 , 938 (Mo .Units) (YTD Units) (0) ( 28) ( 2) ( 16) Dwelling Additions 7 19 115, 125 1 14 72, 500 Other - - - 0 1 12,000 Business District 1* 3* 240,000 1 5 1 , 659, 500 Agricultural - 1 132 ,000 - 1 13,000 Industrial -Sewered 1 2 1 , 185 ,000 4 15 20,034, 500 Industrial -Septic 2 3 792,000 3 4 166,000 Accessory/Garages 6 26 144, 350 0 13 59 , 600 Signs & Fences 0 7 15,050 1 12 25, 983 Fireplaces/Wood Stove 0 3 6, 400 - - - Grading/Foundation 0 2 • 59 ,000 - - - Remodeling (Res. ) 0 18 73,330 8 30 53, 370 Remodeling ( Inst . ) 0 2 5,300 1 3 154, 500 Remodeling (Other) 2 26 1 ,074,000 4 27 437,300 TOTAL TAXABLE 24 146 6, 524, 855 28 141 25 , 875 , 191 TOTAL INSTITUTICNAL 0 2 5 , 300 1 3 154, 500 GRAND TOTAL 24 148 6, 530, 155 29 114 26,029, 691 MO. YTD. MO . YTD . Variances 1 3 3 6 Conditional Use 4 10 - 9 Re-Zoning 0 1 2 8 Moving ' 2 3 - 1 Electric Permits 13 99 12 74 Pimbg. & Htg. Permits 20 113 18 82 Razing Permits Residential - - - 1 Commercial - - - - Total dwelling units in City after completion of al ] construction permitted to date 3 , 486 * Circus tent - no valuation Jeanette Shaner Bldg. Dept. Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JULY, 1981 5397 Eric Graf lv 8 4� 45H,o zon i Drve Geodesic Dome $ 75 ,000 crr 5398 Dave Brotzler 133 West 1st Aa ir p 3,000 5399 Dennis Welter 815 West 4th Avenue Garage 7, 250 5400 Harold Bindewald 535 West 3rd Avenue Garage 5,000 5401 J . I . Case Company 6340 T. Hwy 101 Office Bldgs. 980,000 5402 Jack Trimbo 1064 South Swift Porch 3,000 5403 Carson & Barnes Mn Valley Mall Circus 5404 John Schmitt 1015 South Main Porch 4,000 5405 Howe Inc . 7632 Hwy 101 Storage Bldg. 180,000 5406 Rich Logeais ?, 10v 6Sh t � HouGe 53,000 5407 J . Allen Link, Inc . 10 1 East Viieircle Ho se 40,000 06e3 &.Pet)/ ae-w' i,�t 5408 Thomas Datwyler 1149 Quincy Patio 2 ,475 5409 Robert Bohnsack 953 Fuller Storage Bldg. 2, 940 5410 Howe Inc . 7632 Hway 101 Mfg. /Storage 187,000 5411 Citizens State Bank 1100 East 4th Ave. Office Suites 30,000 5412 Duane Krautkremer , 1¢41 Hillside Drive House 105,000 2 '3 ' 8.fer& / // I de) die 5413 Michael Sullivan 2055 Hilldale Drive Deck 500 5414 Elsie Lebens 537 East 1st Avenue Porch 1 ,000 5415 Carl Anderson 836 Lewis Street Porch 700 5416 John Radermacher 140 West 3rd Avenue Relocate Garage 500 5417 Ray Siebenaler 119 West 4th Avenue Porch 2 , 500 5418 Linda Muh] enhardt 8100 Martindale D ive House 57 ,000 "Thana42)//5- 4'Q,ye' a a id.. Pad-r°- .,eco az,/ 5419 John McGovern Rt 1 , Box 100 Storage Bldg. 4, 960 5420 David Theis 919 West 5th Avenue Garage 4, 200 TOTAL 1 , 749,025 1 association of metropolitan RECEIVED BOARD OF DIRECTORS municipalities President AUG 5 1981 James J. Krautkremer Brooklyn Park CITY OF SHAKOPEE Vice President Mary Anderson Golden Valley August 4, 1981 Past President Richard Asleson Apple Valley Ronald Backes Mr. John K. Anderson St. Louis Park City Manager William Barnhart 129 East First Ave. Minneapolis Shakopee, MN 55379 Greg Blees Dear John: St. Paul BeaBlomquist This is to acknowledge receipt of Shakopee' s dues to the Eagan Association of Metropolitan Municipalities for the fiscal year 1981-1982. Jerry D u lgar Anoka I want to express our appreciation for your continuing Laura Fraser support of the Association. Please convey our thanks to Lake Elmo Mayor Harbeck and the members of your city council . Jan Haugen Again our thanks, and please do not hesitate to contact Shorewood us whenever we can be of assistance. Jack Irving Crystal Best regards, De d le Schneider Fr n- _ Fridley James Senden Vern Peterson New Brighton Executive Director Jacqueline Slater VP/cr Bloomington Thomas Spies Bloomington Robert Thistle Coon Rapids William Wilson St. Paul Executive Director Vern Peterson 300 hanover bldg., 480 cedar street, st. paul, minnesota 55101 (612) 222-2861 JULIUS A.GOLLER, II JULIUS A.COLLER ATTORNEY AT LAW 612-445-1244 1859-1940 E 1 1 WEST FIRST AVENUE SIIAKOPEE, MINNESOTA 553Z9 August 5, 1981 Members of the Shakopee City Council Mr. John Anderson, City Administrator Mrs. Judith Cox, City Clerk Dear Associates: This report covers work done through my office for April, May and June, 1981. No attempt has been made to account for numberous telephone calls and miscellaneous correspondence. During the three months in question 25 court cases have been disposed of and 8 jury cases. As I pointed out before, before any of these cases reach trial, arrest reports must be reviewed by me and formal complaint dictated, signed and filed and then a pre-trial held, all of which is quite time consuming. During the three months in question the City vs Dunker and Muhlenhardt Eminent Domain Proceedings has been terminated. The proceedings involving Hauer and Ueland and Lindstrand, Grayson and Topic are nearing completion as is the extensive proceedings involving CertainTeed and others. As reported on Mayl8th, Registration of Title to the real estate on which the library is located has been instituted, but is now being held up for the purpose of having a survey as required by the special Examiner of Titles and also because we are corresponding with the Milwaukee Railroad exploring the possibility of purchasing the Milwaukee right-of-way which crosses all of the north portion of the library property, so there is no progress here at present. The Milwaukee Railroad has submitted a figure for the sale of the property and this is now being considered by Council. The suit that was instituted against James Hauer and the bonding company growing out of the building moved into Shakopee in violation of a permit has been disposed of and the building has been removed. During this time several city plats have been checked and the abstracts examined in connection with the filing of these plats. Several ordinances have been drafted as well as resolutions and some written opinions submitted to staff members.At the request of the codifier I have checked over some materials submitted by him and I have communicated with him. Very fru our s� Awz Juli.s A. Coller, II City Attorney JAC/nh (' // AMI_NISTRATIVE POLICY AUGUST 12 , 1981 City staff is authorized to release a developers agreement when the developer has asked the City to install the improvements , a contract has been let , assessments have been adopted by the Council after a public hearing and have been subsequently paid , provided there are no other provisions in the developers agreement that have not been met . ie : payment of park dedication, limited access onto r-o-w, limited sanitary sewer flow, etc . , //Is, ,i"City Aa inis6ator i EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS RST NATIONAL-S00 LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS, MINNESOTA 55402 339-8291 (AREA CODE 612) File: Financial Consultants: Ehlers and Associates August 1 , 1981 Please distribute to governing body members. Well , it was another false start: May into June brought a solid improvement in bond prices (lower interest rates) which petered out, and, on renewed volume, interest rates headed up again. The interest rate increase is remarkable in that precious metals and commodity prices declined sharply. Tax exempt rates may have been kept up by the proposition to exempt from federal taxes the yields on special certificates of savings and loan associations. * Tax-Exempt Bonds * 12001V JONES MUNICIPALS It is remarkable how financial writers /I i still describe a real rate of return as the ,0 WEEKIYAVERAGEOETWENIY difference between the nominal return less :°_YEAR6G«Gs inflation and (quoting) , "Ifyour return is 9 LAST WEEK ,,.92% PREY WEEK 11.7799 15% and inflation is 12% your real rate of 8 1""" " '"'I'"" "`I"�I°rt return is 3% which is thought to be the "' '"II �'° historical real price for the use of WALL STREET JOURNAL money." Monday, July 13, 1981 But, if your tax rate is 40% (state and federal ) the real rate of return (on a taxable investment) is negative 3%. ( .15 X .60 -.12 = -.03.) * * * * * ,7/Special property taxes for storm sewers and separation projects may be the answer to court rulings that special assessments require proof of increases in property value. We have researched, originated and implemented special taxing districts which overcome this serious difficulty. In some situations taxes versus special assessments present an important financial advantage to local taxpayers. It' s worth a look-see. By the way, for any proposal that might involve a property tax increase you should look at our computer capability to reduce the increase to net costs for various taxpayers. This is especially important in Minnesota with its "circuit breaker" property tax relief. * * * * * It was a pleasure to see all of you at the convention. It' s often difficult to visit as much as we'd like, but just to be near is important. That's why we think our contributions to the hospitality events are important. See you next time. Warmest personal regards, EHLER . Ni ASAC IC • ' S ' ..e t L. Ehler 1 w / {' SUMMARY OF AREA BOND SALES Net Dow Municipality Date Type of Bonds Amount Maturity Rate Jones Rating MINNESOTA Northfield, Minnesota 5/18/81 G.O. Sanitary Sewer 685M 1984-98 10.09% 11.82% A Northfield, Minnesota 5/18/81 G.O. Grant Ant. 740M 1983 8.41% 11.82% A41110 I.S.D. No. 625 (St. Paul), MN 5/19/81 G.O. Aid Ant.Cert. in. 7,000M 1981 8.70% 11.82% NR Clay County, Minnesota 5/19/81 G.O. Watershed Imp. 605M 1983-97 9.78% 11.82% A I.S.D. #91 (Barnum), Minnesota 5/20/81 G.O. School Bldg. 1,810M 1984-99 10.99% 11.82% Baa Norman County, Minnesota 5/21/81 G.O. Watershed Imp. 245M 1983-92 9.3270% 11.82% A Rockford, Minnesota 5/26/81 Sewage Treatment Plant 115M 1984-92 9.56% 11.73% Baa Rockford, Minnesota 5/26/81 Grant Anticipation 295M 1983 9.56% 11.73% Baa Pelican Rapids, Minnesota 5/26/81 G.O. Improvement 410M 1983-97 10.29% 11.73% Baa-1 Rush City, Minnesota 5/26/81 G.O. Tax Increment 175M 1984-97 10.304% 11.73% Baa Cambridge, Minnesota 5/27/81 G.O. Tax Increment 480M 1984-91 9.1987% 11.73% A Cambridge, Minnesota 5/27/81 G.O. Temp. Imp. 470M 1984 9.1987% 11.73% A Woodbury, Minnesota 5/27/81 General Obligation 4,435M 1982-91 9.86% 11.73% Baa-1 Mahtomedi, Minnesota 5/27/81 G.O. Improvement 370M 1983-94 9.93% 11.73% Baa-1 I.S.D. #271 (Bloomington), MN 6/1/81 Tax Anticipation Cert. of Indebtedness 3,000M 1982 9.00% 11.63% NR I.S.D. #11 (Anoka-Hennepin), MN 6/2/81 G.O. State Aid Cert. 8,000M 1981 10.0757% 11.63% NR Olmsted County, Minnesota 6/2/81 G.O. County Bldg. 765M 1983-90 8.58% 11.63% Aa Redwood Falls, Minnesota 6/2/81 G.O. Tax Increment 210M 1984-93 9.1862% 11.63% A Wadena County, Minnesota 6/2/81 G.O. State Aid Road 635M 1982-87 8.77% 11.63% A Inver Grove Heights, Minnesota 6/3/81 G.O. Temp. Imp. 2,315M 1984 9.14% 11.63% A Inver Grove Heights, Minnesota 6/3/81 G.O. Temp. Imp. 1,835M 1982-84 9.17% 11.63% A Bloomington, Minnesota 6/8/81 Permanent Imp. Revolving Funds 4,000M 1982-91 8.5982% 11.54% Aa Red Lake County, Minnesota 6/8/81 G.O. State-Aid Road 780M 1982-88 9.09% 11.54% A Cannon Falls, Minnesota 6/8/81 G.O. Municipal Public Safety Building 600M 1984-98 10.03% 11.54% A Elk River, Minnesota 6/9/81 G.O. improvement 1,065M 1984-94 10.23% 11.54% Baa-1 Kasson, Minnesota 6/9/81 Grant Anticipation 1,420M 1984 8.90% 11.54% Baa-1 I.S.D. #833 (South Washington Cty.) 6/9/81 G.O. Aid Ant. Cert. 535M 1981 9.74% 11.54% NR Maple Plain, Minnesota 6/9/81 G.O. Improvement 325M 1983-92 9.32% 11.54% A I.S.D. #831 (Forest Lake), MN 6/15/81 G.O. Tax Ant. Cert. 1,910M 1982 8.84% 11.59% NR Harmony, Minnesota 6/15/81 G.O. Improvement 1,280M 1983-97 10.06% 11.59% A Grand Rapids, Minnesota 6/16/81 G.O. Industrial Waste Treatment Facility 1,250M 1982-2001 10.2376% 11.59% A I.S.D. #423 (Hutchinson), Minnesota 6/16/81 G.O. School Bldg. 1,325M 1983-90 8.98% 11.59% A Marshall, Minnesota 6/17/81 General Obligation 565M 1982-90 9.29% 11.59% Baa-1 Buffalo, Minnesota 6/18/81 G.O. Water Revenue 1,375M 1984-96 10.0063% 11.59% A Duluth, Minnesota 6/18/81 General Obligation 2,915M 1983-93 9.336598% 11.59% A-1 Echo, Minnesota 6/19/81 Loan Anticipation Notes 180M 1982 8.988% 11.59% NR Hutchinson. Minnesota 6/20/81 Parking Improvement 1,250M 1983-92 10.07% 11.69% A Hutchinson, Minnesota 6/20/81 G.O. Fire Hall 730M 1982-92 10.07% 11.69% A Hutchinson, Minnesota 6/20/81 Improvement 1,370M 1982-92 10.07% 11.69% A Bemidji, Minnesota 6/22/81 G.O. Improvement 1,215M 1983-97 10.22 11.69% A110 Granite Falls, Minnesota 6/22/81 G.O. Improvement 275M 1983-90 9.4553% 11.69% A Faribault, Minnesota 6/23/81 General Obligation 2,785M 1983-2002 10.1248% 11.69% A-1 Crow Wing County, Minnesota 6/24/81 G.O. State-Aid Road 1,000M 1982-85 8.88% 11.69% A Lakeville, Minnesota 6/29/81 G.O. Improvement 1,175M 1982-92 9.64% 11.69% A Lakeville, Minnesota 6/29/81 Cert. of Indebt. 170M 1982-86 9.64% 11.69% A Lakeville, Minnesota 6/29/81 Warning System 90M 1982-90 9.64% 11.69% A Fertile, Minnesota 6/30/81 Temp. Construction 350M 1982 8.94% 11.69% NR White Bear Lake, Minnesota 6/30/81 Sewerage System 300M 1983-96 10.52% 11.69% A White Bear Lake, Minnesota 6/30/81 G.O. Improvement 430M 1984-93 10.01% 11.69% A Montevideo, Minnesota 7/6/81 0.0. Improvement 380M 1983-92 9.913% 11.79% A Montevideo, Minnesota 7/6/81 G.O. Tax Inc. Redev. 550M 1988-94 11.2514% 11.79% A WISCONSIN Trempealeau County, Wisconsin 5/18/81 Jail Facility 1,600M 1982-91 9.3971% 11.82% A-1 West Milwaukee, Wisconsin 5/18/81 Promissory Notes 1,150M 1983-91 9.9564% 11.82% A Wauwatosa, Wisconsin 5/19/81 Corporate Purpose 2,980M 1982-94 9.0986% 11.82% Aaa St. Croix County, Wisconsin 5/19/81 G.O. Health Care Ctr. 3,725M 1982-2000 10.40% 11.82% A Saukville, Wisconsin 6/5/81 Sewerage Sys. Mort. Rev. 2,000M 1983-95 11.5245% 11.63% NR Reedsburg, Wisconsin 6/8/81 Promissory Notes 1,050M 1984 8.71286% 11.54% A Wisconsin Rapids, Wisconsin 6/9/81 Public Works 1,850M 1983-94 9.8509 11.59% A Slinger, Wisconsin 6/12/81 Sewerage Sys. Mort. Rev. 1,300M 1983-95 11.44% 11.54% NR DePere, Wisconsin 6/23/81 Promissory Notes 4,500M 1983-90 9.43% 11.69% A-1 NORTH AND SOUTH DAKOTA Spearfish, South Dakota 5/12/81 G.O. Sewer Imp. 1,100M 1984-2001 10.952% 11.82% Baa-1 Bismarck, North Dakota 5/27/81 Temp. Imp. Warrants 2,420M 1984 8.99% 11.73% NR Fairmount, North Dakota 6/1/81 Refunding Improvement 385M 1982-96 10.1677% 11.63% NR Fargo, North Dakota 6/15/81 General Obligation 1,400M 1984-97 9.50424% 11.59% Aa Dickinson, North Dakota 6/23/81 Refunding Improvement 5,025M 1984-98 10.123% 11.69% A IOWA Kanawha, Iowa 6/23/81 G.O. Bonds 210M 1983-93 9.3212% 11.69% NR Sigourney, Iowa 6/24/81 Special Assess. 130M 1981-90 9.8961% 11.69% NR Street Improve. Sigourney, Iowa 6/24/81 G.O. Bonds 440M 1983-93 9.4485% 11.69% NR Clarion, Iowa 6/22/81 Hosp. Rev. Ser. A 750M 1983-96 11.7702% 11.69% NR Clarion, Iowa 6/22/81 G.U. Hosp. 350M 1983-96 9.5211 11.69% NR Sioux City, Iowa 6/1/81 Str. Improve. 170M 1981-90 9.8934% 11.b3% NR Coon Rapids, Iowa 6/9/81 G.O. Bonds 255M 1983-92 9.2444% 11.54% NR 411/1 Coon Rapids, Iowa 6/9/81 Pub. Improve. 76M 1981-90 9.9244% 11.54% NR Gladbrook, Iowa 3/9/81 Str. Improve. 30M 1982-87 8.00% 11.37% NR Solon, Iowa 6/18/81 G.O. San Sewer Imp. 260M 1983-96 9.5838% 11.59% NR Warren Co., Iowa 5/22/81 Benefitted Water 378M 1981-90 5.00% 11.82% NR (Indianola) Dist. Special Imp. Cedar Falls, Iowa 7/13/81 G.O. Improve. Bonds 1,800M 1983-94 9.55% 11.92% A-1 /y Public Invited Public Hearings on the Need for the Wilmarth Line of the CU Project October 26, 1981; 10:00 A.M. American Legion Club 97 South Park Le Center, Minnesota 56057 Public hearings by the Minnesota Energy Agency on the need for the Wilmarth transmission line proposed by Cooperative Power Association (CPA) and United Power Association (U PA) will begin at 10:00 a.m. on October 26. These Certificate of Need hearings are being held in response to a decision of the Minnesota Supreme Court and a related order to the Minnesota Energy Agency by the Blue Earth County District Court. The purpose of these hearings is to determine whether there is a need by CPA and UPA for 1,000 megawatts from the Coal Creek plant near Underwood, North Dakota; and whether there is a need for the immediate completion of the Wilmarth portion of the CU Project. The Wilmarth line is a proposed 345 kilovolt (AC) transmission line that RECEIVED would extend 78 miles from the Dickinson Substation near Delano to the Wilmarth Substation near Mankato. AUG - 1 Hearings will be held at the following times and places: 19$ Date Location CITY OF SHAKOPEE Oct. 26, 27, 28, & 29 American Legion Club, Le Center Nov. 2, 3, 4, 5, & 6 State Bank of Cologne, Cologne Nov. 9, 10, 11, 12, & 13 Watertown Mayer High School, Watertown More hearings will be scheduled if needed. All hearing sessions will begin at 10:00 a.m., and there will be evening sessions, commencing at 7:00 p.m., every night except Friday. Informational Meetings in August Informational meetings will be held at the Le Center, Cologne, and Watertown locations at 7:30 p.m. on August 17, 19, and 20, respectively. A representative of the Energy Agency will summarize the application and explain the hearing process and ways in which the public can par- ticipate. No evidence will be gathered at these meetings. Public Invited to Testify The Public is invited to testify and present exhibits at the public hearings.The public will have first priority to testify at all evening sessions. Members of the public are urged to make their presentations in person. If they cannot, they may submit written comments prior to the close of the hearings to the state-appointed hearing examiner,Allan W. Klein,Office of Hearing Examiners, Room 300, 1745 Univer- sity Avenue, St. Paul, MN 55104. Persons may also choose to intervene as a full party in the process.The intervention deadline is August 25, 1981. For more information, or a copy of the Order for Hearing and Notice which contains additional details on the hear- ing process, contact Arthur L.Adiarte at the Energy Agency. Toll-free number: 800-652-9747, or 612-296-8279. Minnesota Energy Agency 980 American Center Building 150 East Kellogg Boulevard Saint Paul, Minnesota 55101 800-652-9747 toll-free or 612-296-8279 Locket No. EA-81-003-AK I,,: STATE OF MINNESOTA MEN ESOTA ENEMY AGE/CY In the Matter of the Reconsideration of the Application of Cooperative Power Association ORDER FOR HEARING and and United lower Association for a Certificate NOTICE THEREOF of Need for a Large High-Voltage Transmission Line and Associated Facilities. NOTICE is hereby given that a contested case hearing concerning the above- entitled matter will be held at the following times and places: Date Location (xtober 26, 27, 28 and 29 American Legion Club, Le Center November 2, 3, 4, 5 and 6 State Bank of Cologne November 9, 10, 11, 12 and 13 Watertown Mayer High School All hearing sessions will begin at 10:00 a.m., and there will be evening sessions, commencing at 7:00 p.m. , every night except for Friday nights. If additional hearing sessions are needed, they will be scheduled by the Hearing Examiner close to the end of the scheduled hearings. If, on the other hand, there does not appear to be any need for the sessions scheduled on November 11, 12 or 13, then the Hearing Examiner may cancel any or all of those sessions by so announcing on November 10. This rehearing arises from an opinion of the Minnesota Supreme Court f iled on November 7, 1980, In re Condemnation Proceedings for the Wilmarth Line of the CU Project, 299 N.W.2d 731, and a related Order to the Minnesota Energy Agency filed by the Blue Earth County District Court on January 29, 1981. In response, Cooperative Power Association ( "CPA") , and United Power Association ("UPA" ) (jointly referred to as "Applicants" ) filed a Statement of Case with the Minnesota Energy Agency on June 15, 1981. The purpose of the rehearing is to determine whether the Applicants have justified the need for 1,000 megawatts (hereinafter "MW" ) of generated power in their systems from the Coal Creek Generating Plant near Underwood, North Dakota; and whether they have justified the need for the immediate completion of the Minnesota portion of the CU Project. In 1975 and 1976, the Agency held public hearings to determine whether there was a need for the Minnesota portion of the CU Project. In April of 1976, the Agency determined that there was a need for the project and granted the Applicants a Certificate of Need to allow them to construct the project. The Applicants sought and received from the Minnesota Environmental Quality Board corridor and route certifications and construction permits. The Appli- cants commenced construction, and all portions, of the CU Project have been constructed and are operating, except for one transmission line known as the Wilmarth Line. The Wilmarth Line is proposed to have a nominal voltage of 345 kilovolts (AC) , and would extend 78 miles, from the Dickinson Substation near Delano to the Wilmarth Substation near Mankato. During the course of condem- nation proceedings for the Wilmarth Line, the validity of the Certificate of Need for the CU project was challenged. That challenge resulted in the 1980 Supreme Court opinion referred to above. , Pursuant to the Supreme Court decision, the first issue to be determined at the rehearing is whether there is a need for 1,000 MW of generated power from the Coal Creek Station in the Applicants' systems. The evidence con- sidered in addressing this issue will include evidence of current and project- ed need at the time of the rehearing. Need is a system-wide inquiry, and need in specific areas within the Applicants' systems will be considered only to the extent that it relates to, and is a part of, the basis of the systems-wide need. The rehearing will address the accuracy of the Applicants' current forecasts of need for energy in their systems, the ability of Applicants' sys- tems to meet the forecast demand, and the effectiveness of conservation and load management programs which might affect the need for 1,000 MW. Evidence concerning the following subjects will not be considered at the rehearing: The appropriateness of the route selected for the Wilmarth Line, the effect of construction of the Wilmarth Line on individual landowners' parcels of land, and (at this first stage) the need for three AC lines from the Dickinson Substation. If the Agency decides, as a result of this rehearing, that less than 1,000 MW of power are needed in Applicants' systems, the Supreme Court order pro- vides that this proceeding will be reconvened to determine whether there is a need for a third AC line (the Wilmarth Line) from the Dickinson Substation to permit the Applicants' systems to function considering the reduced need. In summary, all portions of the CU Project have been built, except for the Wilmarth Line. If, after the rehearing, the Agency determines that the Appli- cants have demonstrated a need for 1,000 MW of power for their systems, there will be no further administrative hearings and the Wilmarth Line will be con- structed. If, on the other hand, the Agency determines that the Applicants have failed to show a need for 1,000 MW of power in their systems, then the rehearing will be reconvened to determine whether the Wilmarth Line is needed to permit the Applicants' systems to function considering the reduced need. The rehearing will be held before Allan W. Klein, Hearing Examiner, Room 300, 1745 University Avenue, St. Paul, Minnesota 55104, telephone (612) 296-8104, an independent hearing examiner appointed by the Chief Hearing Exam- iner of the State of Minnesota. The rehearing will be conducted pursuant to the contested case procedures set out in Minn. Stat. §§ 15.0411 through 15.052 (1980) and procedural rules 9 MCAR §§ 2.201-.222 and 6 MCAR §§ 2.500-.520. Where the procedural rules con- flict, the Hearing Examiner's rules (9 MCAR §§ 2.201-.222) supersede the Agen- cy's rules (6 MCAR §§ 2.500-.520) . Questions concerning the issues raised in this order or concerning discovery pursuant to 9 MCAR § 2.214 may be directed to Dwight S. Wagenius, Special Assistant Attorney General, 720 American Center Building, 150 E. Kellogg Boulevard, St. Paul, Minnesota 55101, telephone (612) 296-8278, or Hearing Examiner Klein. There are two different ways in which persons may participate in this re- hearing. They can participate as members of the public, or they may partici- pate as parties. If a person elects to participate as a member of the public, he or she will be allowed to offer testimony and present exhibits or other evidence. Such persons will have first priority at the evening sessions scheduled to - 2 - II i L.¢. begin at 7:00 p.m. However, if these times are inconvenient, other times can be arranged by contacting the hearing examiner. If a person elects to participate as a party, he or she must file a Peti- tion to Intervene with the hearing examiner. The required contents of this document are spelled out in Rules 9 MCAR § 2.210 and 6 MCAR § 2.506, copies of which are available as described below. The Petition to Intervene must be received by the hearing examiner on or before August 25, 1981. However, early intervention is strongly encouraged. Copies must also be served on the Agen- cy, c/o Dwight S. Wagenius, at the address given above, and on known parties at the time of intervention. At the present time, there are several known parties in addition to the Applicants. A complete service list may be obtain- ed from Hearing Examiner Klein or from Mr. Wagenius. If the Petition to Intervene is granted by the Hearing Examiner, the per- son submitting it becomes a party, with certain rights and obligations not shared by persons who elect to participate as members of the public. Parties must attend prehearing conferences, and must prefile their testimony and exhi- bits in advance of the rehearing. They must file a Notice of Appearance with- in 20 days after publication of this Order and Notice of Hearing in the State Register or after their intervention is accepted, but, in any case, prior to the start of the rehearing. They must file proposed findings and conclusions (unless excused by the hearing examiner). Parties have the right to advance notice of witnesses and evidence, to cross-examine the witnesses, to object to Petitions to Intervene, to request an Order for Depositions, to use other dis- covery devices, and to file comments on and exceptions to proposed findings and recommendations of the hearing examiner. These are some, but not all, of the differences between a party and a person participating as a member of the public. Persons desiring additional information are referred to the procedur- al rules cited above. A prehearing conference will be held pursuant to 9 MCAR § 2.213 A. at 9:15 a.m. on October 13, 1981 at the Energy Agency Conference Room, 9th floor, American Center Building, 150 E. Kellogg Boulevard in St. Paul. The purpose of this prehearing conference will be to consider objections to the prefiled testimony and exhibits, and any other substantive or procedural matters. Applicants will file their prefiled testimony and exhibits by September 1, 1981. Intervenors will file their prefiled testimony and exhibits by September 29, 1981. The Minnesota Energy Agency has designated a person to facilitate citizen participation in the rehearing process. That person is Arthur Adiarte, who can be reached by mail or telephone at 980 American Center Building, St. Paul, Minnesota 55101, (612) 296-8279. All persons are advised that no factual information or evidence which is not part of the bearing record shall be considered by the hearing examiner or by the Director in the determination of this matter. Persons attending the hearing should bring all evidence bearing on the case, including any records or other documents. All of the rules cited above are available for review at the Office of Administrative Hearings and at the office of the Energy Agency. The Appli- cant's Statement of the Case is available for review at the following - 3 - l libraries: The Polk County-Crookston Library; the Chippewa County Library in 'bntevideo; the East Central Regional Library in Cambridge; the Bemidji Public Library; the Duluth Public Library; the Fergus Falls Public Library; the Kitchigami Regional Library in Pine River; the Marshall-Lyon County Library in Marshall; and the Rochester Public Library. The prefiled testimony, the Ap- plicants' Statement of the Case and the substantive rules applicable to this matter, 6 MCAR §§ 2.0601-0646, are available for review at the Offices of Administrative Hearings and the Energy Agency and at the following libraries: The Minnesota Valley Regional Library in Mankato; the Crow River Regional Library in Willmar; the Legislative Reference Library in the State Capitol; the Great River Regional Library in St. Cloud; and the Environmental Conserva- tion Library, 300 Nicollet Mall in Minneapolis. The prefiled exhibits are available for review at the Office of Administrative Hearings and the Energy Agency Office. All rules may be purchased from the Documents Division, De- partment of Administration, 117 University Avenue, St. Paul, Minnesota 55155, telephone (612) 296-2874. All parties have the right to be represented by legal counsel, by a person of their choice if not otherwise prohibited as the unauthorized practice of - law, or they may represent themselves. Existing parties are advised that failure to appear at the hearings may result in the affirmation of the Certificate of Need for the CU project. If persons have good reason for requesting a delay in the hearing, the request must be made in writing to the hearing examiner as soon as possible, but at least five days prior to the hearing. A copy of the request must be served on the Agency and any other parties. Dated this /6 iay of July, 1981. MARK MPSCN Director /, (2 ALLAN W. KLEIN Hearing Examiner - 4 - i /5 TOM HAGEDORN DISTRICT OFFICES: 2ND DISTRICT.MINNESOTA P.Q.Box 3148 MANKATO,MINNESOTA 56001 COMMITTEES: (507)387-8226 PUBLIC AGRICULTURE WORKS AND Congre55 of tlje Elniteb 6tate5 ALBERT SOUTH TR MINNESOSS6OO7 TRANSPORTATION (507)377-7676 gouge of RepreOentatibeS RONALD K.ENCE WASHINGTON OFFICE: }y ADMINISTRATIVE ASSISTANT 2344 RAYBURN HOUSE OFFICE BUILDING aci:,' ton, /le. 20515 WASHINGTON,D.C. 20515 / �1 (202)225-2472 July 29, 1981 Mr. John K. Anderson AUG 3 - 1981 City Administrator City of Shakopee CITY Oil 5HHAtc EPEE 129 E. First Ave. Shakopee, Minnesota 55379 Dear Mr. Anderson: Thank you very much for your letter expressing your opposition to proposed reductions in federal Revenue Sharing funds. I appreciate your taking the time to share your view with me. Although the Administration's original budget proposals did include a cut of approximately $340 million in Revenue Sharing funds, the Latta-Gramm Substitute, which passed the House on May 7 with my support and which was endorsed by President Reagan, has no effect on Revenue Sharing. As a strong proponent of the General Revenue Sharing Program, I feel it is essential to continue providing this type of "no strings attached" federal funding to both State and local governments. This system allows the states and localities to plan and implement important programs which are specifically designed to meet the needs of their citizens. If this essential aid were to be eliminated, taxpayers would not only be burdened with additional sales and property taxes, but would also be forced to obtain funding through other federal sources, such as the categorical grant program. As we all know, the rules, regulations, and bureaucracy spawned by these programs is enormous. All available evidence has convinced me that federal Revenue Sharing is a fiscally sound way to decentralize our government and eliminate some excessive federal regulations. I believe that by returning decision-making power to the level closest to the people, these funds can be put to the best and most efficient use. Again, thank you for writing. I hope you will continue to keep me informed of your views in other issues of mutual interest and concern. With kind regards, I am Sincerely, rzwr0 V (jai / , ./ AUG3 - 1981 OM HAGE11 'N Member • Congress CITY OF SHAKOPEE TH/lb AD HOC CABLE COMMUNICATIONS COMMITTEE Shakopee , Minnesota Special Session August 11 , 1981 Chairman Foudray called the meeting to order at 7 : 26 p .m. in the Conference Room at City Hall with Committee members present : Christensen, Davis , Gorman, Kirchmeier. Committee member Abeln was late . Also present was Jeanne Andre , Administrative Assis- tant . Gorman/Davis moved that the invitation by Zylstra Communications to attend a presentation on August 19, 1981 , regarding institu- tional uses of a cable communications system is out of order due to the adoption of Resolution 1796 which establishes a policy re- lated to communications from cable communications companies . Lillian Abeln arrived at 7 : 34 p.m. Discussion followed on the appropriateness of the invitation . Motion carried. Discussion was held on the public hearing to be conducted by the City Council later in the evening. Jeanne Andre explained staff memos which were supplied to the Council members for the hearing, including the preliminary information for the uniform data section of the request for proposals , further information on potential commercial uses of cable , and a memo explaining that Consultant Anita Benda could not attend the public hearing to make a presen- tation and suggesting the public hearing be continued until August 18 , 1981 to provide for the presentation . Committee members Abeln and Christensen expressed an interest in attending the workshop on Community Access for Cable TV to be held September 11 and 12 , 1981 , if the City will sponsor their regis- tration fee . Christensen/Abeln moved to recommend the staff alternative for con- tinuation of the public hearing until August 18, 1981 , allowing for public comment at both the August 11th and 18th meetings . Mr . Kirchmeier stated that although the City Council had requested Consultant Benda to make a presentation , this was not the recom- mendation of the Committee and he would prefer no recommendation to the Council from the Committee regarding continuation of the public hearing, so that they might consider holding the hearing and adopting the Request for Porposals at the August 11 , 1981 meeting. Roll call vote was taken on the motion Ayes : Gorman , Christensen, Abeln Motion failed. Noes : Kirchmeier, Davis , Foudray Gorman/Davis moved to adjourn at 7 : 57 p.m. R. Gene Foudray Jeanne Andre Chairman Recording Secretary t^ ,'„ .�.�, .�.., 'v' L+:e;".ts x ... ....."'i°'�" 401,c 70 7 J V SHAKOPEE EASTSIDE PARK STEERING COMMITTEE The steering committee met on July 28, 1981 at 8 p.m. at the home of Jane Carlson, 1053 Sibley. The following were present: Jane Carlson, Phillis Martinson, George Muenchow, Bob Langer, Dallas Peterson, Chuck Rieck, Jim Cook Jim Kephart. President Jim Cook called the meeting to order and requested the reading of the min:.rtes . Jim Cook reported that he talked to the City Treasurer, who will send us purchase order forms . • There was a general discussion on the possible complications of setting the house on the floor. This will be straightened out. The shelter/warming house will be moved Wednesday night or Thursday morning. Jim Cook will be there to be sure its put on right. Jim Kephart has ordered the boards to be put around the sides of the building and Jim Cook and Chuck Rieck will put up the sides . Friday morning Ames Construction (Jim Kephart) will grade the dirt around the structure. Jim Cook has contacted the MINT and they are doing a story with pictures of the shelter/warming house and of all the people and work involved. We have spent 12,000 for the purchase of the structure, 12,700 to have it moved and 11,000 for the foundation, Floor and dividing walls . We still need shingles , paint, insulation, cage, heaters , wardware, door, etc Once the shelter/warming house is on the foundation the committee will have to meet to evaluate the necessary work needed to be done. - George Muenchow will expediate the staking out of the skating rink and Jim Cook and George Muenchow will try to get the necessary grading for the hockey rink - its not done yet. The playground eq uipment is to be here in mid-August and the city park crew will put up the equipment. Jim Cook will check with the local Ker-Sun dealers for the necessary heating units . Jim Cook expressed hie pleasure with the co-operation everyone demonstrated in getting the foundation and floor done . A special thanks to Jim Kephart for his expert 'supervision. George Muenchow brought up the neighbourhood picnic idea -- with a September target date . The meeting was adjourned. The next meeting is scheduled for August 4, 1981 at 7 p.m. at the home of Gwen Ellingeon, 1125 Merrifield Court. Respectfully submitted. Gwen Ellingson. . . - Z-6 net_ /Lie/ i S AKOPEE EAST IDE T'A: {' STE,E?INGr CC'!")!ITTrE 7• The steering committee met on August 4th, 1981 at 7 p.m. at the home of Gwen Ellingson, 1125 Merrifield Court. The following were present : Jim Cook, Bob Laneer, Jim Kephart, Chuck Rieck, Jane Carlson. President Jim Cook called the meeting to order and requested the reading of the minutes . Jim Cook r. eportedthat Bill Doepke (the mover of the building) had lowered the cost of moving the building by $200.00. We were all pleased at this development. Jim Cook reported that ne had looted and secured the building. We then as a committee made a list of the necessary things to be done Put on Porch (Will ask LeRoy Hauser to look into this ) Shingles to be put on. Dutch door is in rough shape. Repair sliding doors . Anchor house on foundation. Deodorize the building. Dividing wall to be put in. Repair broken windows and install window guards . Repair holes in wails . Finish grading for warming house and hockey rink. Need rubber mats for floor so skates won't wreck the floor. Stain for outside. Cupulo for roof. Heaters and cage for same. Insulation. Benches . Electricity and lights, switches and plug ins . Make feeding troughs to be used for flower boxes . Chuck Rieck reported that Mr. Norton would sell us stain at wholesale price. Chu k ck s d on thecroofeof the porch. toActentativeudateck oforrnthis was thefor his pwen putting of August 15. eken There was a discussion on the need to find other persons in the neighbourhood who would be wil.linE to help in doing all. of those projects . Some names that were suggested were : Harlan Lipker, Fran Slavic, Chuck Norton, Gary Carlson and- LeRoy Hauser. It was decided that the first thing necessary to be done would be to deodorize the building and Jim Eephart offered to call Butch to ask him to hose off the building both inside and outside. Jim Kephart offered to bring some lag bolts to attach the building to the foundation and it was decided to do this Thusday evening. The men will also attempt to fix the doors at this time. They will also fix the windows . ir------------ n c. 17 Jim Kephart offered to contact Lou Van Hout uo that he can put in the electricity, for us . Jim offered to show Lou just where the lights , switches, outlets and everything should be placed. The committee visited the buil ling site and decided where the partition should be placed , boarded up one window and decided where • the heater should ' o, and whore lights should be installed and also decided that we would need plywood for the loft. The men plan on working on the build inr; on Thursday eveninFr and anain on Saturday, any help they can get will be ap -`rec' ed The meeting was ad jo"+.rned and fte n(?xt meet. r will be held on August 11 at 7 p. m. at the sh-.al ter,'warninsr h.)use site. Respectfully ;',ub ittcd. Gwen M.917: son, SHAKOPEE EASTSIDE PARK STEERING COMMITTEE /127 The steering committee met on August 11, 1981 at 7 p.m. at the shelter/warming house. The following were present: Jim Cook, Bob Langer, Jim Kephart, Chuck Rieck, Jane Carlson, Phillis Martinson, George Muenchow. President Jim Cook called the meeting to order and requested the reading of the minutes . Jim Kephart reported that Lou Van Hout will be bringing in the electricity to the building within the next two weeks . Jim Cook reported that Eldon Rienke has offeredtoMr doe the wihe risngffordthtoe do building within the next two weeks and this for free, we were all pleased with this report. A discussion followed on where the lights were to go. Chuck Rieck reported that Chuck Norton willbe available to help put on the porch and shingles on August 22 and Mr. Norton will bring his own portable generator to help us in doing the work. Mr. Norton will need six to eight people to help in doing the work. Chuck Rieck has offered to co-ordinate all of '„his. Jim. Cook reported that we cannot get shingles from Certain-Teed. Jane Carlson has offered to talk with her neighbour concerning shingles and insulation. Chuck Rieck will talk to Chuck Norton concerning shingles and insulation. This past Thursday and weekend the men put up part of the dividing wall - Got the walls framed up for the heating area - startedattaching the building to the foundation and put a slide on the sliding We then all went inside the building to view the work already done. This weekend the men hope to finish the wdo the floor -noored finish the partition and put in vents - plug the holes - puand they figure they will need four to six people to do this . It was decided that on August 22 the porch would be put on and the shingles attached. George Muenchow reported that the playgro , d eauip ent is here and it is hoped that it can be put up withinnext There was a discussion on the need for insulation and also a discussion on the porch. It was reported that our money ianwas vThere is a special thanks goin(;> to Jim Kephart and Chuck Rieck for they were the ones who hosed down the inside of the building. Thanks fellows . The meeting adjourned andthe next meeting will be held August 25 at 7 p.m. at the shelter/war.1ing house . Respectfully submitted, Gwep Eilineson 1 MINUTES OF INDUSTRIAL/COMMERCIAL COMMISSION SHAKOPEE, MINNESOTA JULY 8, 1981 Vice-Chrm. O'Neill called the meeting to order at 5:10 P.M. Present: Commissioner Furrie Advisor Eastlund Liaison Wermerskirchcn City Assessor, Larry Martin Absent: Commissioners Raduenz and Peterson Arriving later: Commissioner Woodwnrd City Admr. , John K. Anderson Advisor Eastlund stated there was an error in the minutes of May 13, 1981, in that Ray Foslid was not going to make copies of the slide presentation. Eastlund will be making those copies and providing them. Furrie/O'Neill moved to approve the minutes of May 13, 1981 with the change of deleting the paragraph referring to Ray Foslid making copies of the slide presenta- tion used for Industrial Day. Motion carried unanimously. The City Admr. arrived at this point, 5:15 P.M. Comm. O'Neill initiated discussion about the comparison valuations of Savage, Prior Lake, Chaska and Jordan received from the City Assessor. Comm. Woodward arrived at this point, 5:20 P.M. Comm. Furrie asked the Assessor about the inter-city comparisons in valuations and how they compare with actual building costs. The Assessor responded that the valua- tions are lower than the building costs. They are about 85% of costs listed on the building permits. The building square footage value is replacement costs minus depreciation. Comm. O'Neill asked the Assessor if he thinks the valuations are right after com- paring other communities. He stated the building valuations don't look that bad, but because of new industries and no new schools, the taxes shoulf be going down. The Assessor stated it was hard to tell as some of the figures he received were so erratic. The City Admr. informed the Commission about what had occurred with the Kmart Dis- tribution Center. Kmart had challenged the City on its valuation and eventually the Assessor had recommended lowering the valuation because of the evidence produced. Comm. O'Neill stated that he still thinks Shakopee is on the high side of the range of valuations, but he doesn't know yet if it is because of the mill rate, valuation, taxes, or what. The valuations here look about medium to high. Comm. Furrie commented that the valuations are reasonable if they are 85% of costs submitted on the building permit. Comm. O'Neill stated it would be helpful to see the breakdown of the mill rates for other communities. The Assessor stated he had a Citizen's League ranking list that he could show the Commission. Shakopee ICC July 8, 1981 Page 2 rL; Comm. O'Neill asked the City Admr. why he selected Minnetonka and Bloomington as models for an Industrial Revenue Bond policy. The City Admr. replied that the Council wants to study our IRB policy because they don't think the present one is tight enough. He wanted to show them everything that is available, and Minnetonka and Bloomington have very complete policies. Comm. Furrie stated he felt we shout_ set forth what is required of the City by State Statute and then go from there. Advisor Eastlund left at this point, 6:05 P.M. The City Assessor brought back copies of the Citizen' s League ranking list on the 1981 taxes in various communities and distributed them. Further discussion was held comparing cities. The Commission requested from the Assessor a breakdown of the mill rates for city, county and schools for Savage, Prior Lake, Chaska, Jordan, Jackson Township and Lakeville for next month's meeting. The Assessor left at this point, 6:20 P.M. Comm. O'Neill remarked that the Tax Increment Policy adopted by the City was not received by the Commission members, and asked that the City Admr. provide it to the members. Comm. O'Neill stated he just went through the IRB application in Minnetonka and had several suggestions to make about that policy. Minnetonka will not allow the cost of interim financing/soft costs. It only allows the land and building. He feels this is very discriminatory, as it just cuts out the little guy. There should be 100% financing by IRB. Comm. Furrie suggested that instead of commenting directly on other communities' IRB policies, we should get the State requirements and leave the financing to the lender. We should start from ground and write a new policy. Comm. O'Neill stated the IRB's have been abused. It was originally intended to be job creating for industrial. The applicant should prove to the community that it is a benefit to the City. Comm. O'Neill said he would like to have everyone read the policy and be prepared to discuss it at the next meeting. Furrie/Woodward moved to have the City Admr. ask the Ass't City Attorney for copies of the State Statute that give the City authority to pass resolutions and outline what its responsibilities are in passing that resolution. Motion carried unanimously. Comm. O'Neill stated the City wants to evaluate the equity position of the developer, and the City Council shouldn't be concerned with this aspect; the lending agency's approval should be adequate for the City. Comm. O'Neill stated that Jim Raduenz has verbally resigned from the ICC due to his involvement with his children and his inability to attend meetings, and he will be sending a letter to the City Admr. Plir Shakopee ICC July 8, 1981 Page 3 J Comm. O'Neill reported that the City Council accepted their recommendations of John Manahan and Paul Wermerskirchen as new members of the ICC. He suggests these two be included in the next mailings. Manahan is at 1221 East Fourth Avenue, and Wermerskirchen a't the Register of Deeds office, Courthouse. Comm. O'Neill stated he discussed the Star City Program with the City Planner. It is a program the Minn. Lept. of Economic Development has instigated to help com- munities prepare for and encourage growth. The City Planner has taken the beginning steps in initiating a program to particpate in this Star City Program. Now it is being presented to the ICC to take further action if desired. Comm. O'Neill stated it looks like a lot of work we would be doing for the State Dept. , with questionable value. We would have to establish a local development corporation, a 5 year plan, 1 yr. action plan, 5 yr. capital improvement plan, community facts bulletin, etc. He will make copies of the program and requirement and have it sent out to the members. Comm. Furrie commented that a lot of those requirements are already done, so maybe it wouldn't be a lot of work. Liaison Wermerskirchen asked what is to be gained by doing it. Comm. O'Neill answered that if someone comes in from out of state, the Minn. Dept. of Economic Development will make a recommendation that the person or company go to a community that is a Star City. Furrie/Woodward moved to ask the City Planner to attend our next meeting for a few minutes to give a quick run-down of his impressions and ideas on the program. Motion carried unanimously. Woodward/Furrie moved to adjourn to August 12, 1981 at 5:00 P.M. Motion carried unanimously. Meeting adjourned at 6:55 P.M. Jim O'Neill Vice Chairman • Diane 3. Beuch Recording Secretary MINUTES UTES OF / THE SHAKOPEE PUBLIC UTILITIES COMMISSION (SPECIAL MEETING) The Shakopee Public July 13, 1981 Utilities ate 6:30P. Commission in the SPUC convened in offices, special Commissioner session on of the Commission.of offered a deliberati MEMBERS per,. prayer for divine guidance in the SENT: ons Van flout. Commissioners Bishop, Nolting and Reinke. Also Manger The rate for the field were discussed. baseball field, tennis to a meter final figures courts, and hi problem at t Sures were not known high school football The he baseball field, for comparison at this sports eve consensus was: that events would be at electric usage for hi eventsven. s should be at the standard commerical cric rate, serviceut thats h school age and younger c rates for sports t The Senior services the tennis High School °f this courts would be football field baseball field would on the Commerical Demand be co type and have Co all small billed accordingly. ccordingl . bill Demand rate, commerical rate, Y. splitand he in proportion tot Riverside Motion by Reinke the usage of each carried. seconded by Nolting that meeting be adjourned. Motion •u V.n Flout, Manager 1 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (REGULAR MEETING) The Shakopee Public Utilities convened in regular session on July 8, 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, Reinke and Nolting. Also Manger Van Hout and Secretary Barbara Menden. Motion by Nolting, seconded by Reinke that the minutes of the June 1, 1981 regular meeting be approved as kept. Motion carried. Dr. W. Adair Muralt was present to represent the Chamber of Commerce and make a request to the Shakopee Public Utilities Commission for a crew to move the lights from the hockey rink to the rodeo grounds and back. Also a request was made for a donation of the electricity used for the rodeo. Motion by Nolting, seconed by Reinke to approve the donation of labor for the moving of the lights for the rodeo for the Chamber of Commerce. Motion carried. The Commission asked that the electric usage be recorded and brought before them at the conclusion of the rodeo. Ron Ward and Jack Cole were present to discuss the electricity used for the Tennis Court located on Junior High property. The School assumed responsibility for the billing of the electricity at the time the tennis courts were installed. At the present time it is a losing propostion. 'A request was made to change the type of rate the courts were being billed at. George Muncheow from the Shakopee Community Services was also present to make the same request for the baseball field at Riverside Park. The Commission decided to take it under advisement. Manager Van Hout was directed to gather data on both facilities and the Senior High Football field so a rational decision could be made. A special meeting will be held to discuss this matter July 13, 1981, at 6:30 P.M. Administrator John Anderson arrived to discuss a bill from Schoell and Madson which had been sent down to City Hall for payment. A discussion followed. Motion by Nolting, seconded by Reinke that the bill for Schoell and Madson be allowed and ordered paid in the amount of $183.00. Motion carried. BILLS READ: City of Shakopee $20(032,00 Anderson Electric 1.25 Auto Central Supply 51,.38 B & B Transformer 580.00 Battery & Tire Warehouse Ince 34,10 Bills Toggery 103,33 Bob's Small Engine 34,45 Border States Electric Supply 890,00. Burmeister Electric Company 220,76 Burroughs Corporation 54,96 Burroughs Corporation 358,86 Burroughs Corporation 28 90 Cpaesius Agency Inc. 147,50 City of Shakopee $12,821.62 City of Shakopee 1,921.15 Dick's Service Station 4.50 Dunnings Hdwe 96.28 Feed-Rite Controls, Inc. 1, 196.03 Gopher Electric Co. 185.10 Graybar Electric 3,494.17 Hennen Skelly Service 10.00 Industrial Sales & Service 187.14 Krass, Meyer & Kanning 66.00 Layne Minnesota Company 26.76 Edmond S. Leaveck 749.48 Leef Bros. Inc. 37.80 Mn Valley Tesing Laboratories Inc. 175.00 Motor Parts Service 127.95 Ted Neisen 156.00 Northern States Power Company 264. 10 Northern States Power Company 264.10 Northern States Power Company 1,232.48 Northern States Power Company 140,540.38 Northland Electric Supply Co. 288.74 Northwestern Bell Telephone Co. 221.08 Chas Olson & Sons 242.61 River Electric Association 268.00 Sand Mechanical Inc. 31.27 Schoell & Madson, Inc. 1,848.05 Serco Laboratories 52.00 Shakopee Ford Inc. 106.95 Shakopee Lumber Co 26.25 Shakopee Public Utilities Commission 340.53 S.P.U.C. VOIDED 15,738.35 VOIDED Shakopee Services 18.00 Shive-Hattery & Associates 1,000.00 Shakopee Valley News 256.81 Software Consultants 500.00 Starks Cleaning Service 8.65 State Planning Agency 1,932.20 Suel Business Equipment 21.01. Total Tool Supply Inc. 602.44 Valley Industrial Propane, Inc. 9.65 Water Products Company 5,782.18 WESCO 2,510.97 Motion by Reinke, seconded by Nolting, that the bills be allowed and ordered paid. Motion carried. Motion by Reinke, seconded by Nolting to approve the Co. Rd. 16 watermain project east of Co. Rd. 17 per plan approval where the Shakopee Public Utilities Commission will accept no charges for this project. Motion carried. The property for the pole yard was discussed. A letter will be drafted from SPUC to City Council that SPDC will begin negotiations to acquire the former Railrod property to provide future expansion of the pole yard. Motion carried. Motion by Reinke, seconed by Nolting to accept Transamerica as our insurance carrier for the year 1981-1982 and that we direct Manager to request a notice from the Insurance Company in 1982 as to our insurance status. Motion carried. Motion by Nolting, seconded by Reinke that Manager be allowed to attend the Distribution conference on Sept 20-25, 1981 and whoever else he designates to go. Motion carried. The next regular SPDC meeting will be August 3, 1981 at 4:30 P.M. Motion by Reinke, seconded by Nolting that the meeting be adjourned. Motion carried. 'ou fan Hout, Manager of l/ MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : 1982 Local #320 (Public Works) Labor Negotiations DATE : August 14, 1981 Introduction Local #320 has submitted their "demands" for 1982 dated July 29 , 1981 (attached) . The Local is currently under a three year con- tract effective January 1 , 1980 through December 31 , 1982 . All contract provisions are set for the full three year period except the employee ' s contribution for Medical and Life Insurance for 1982 and employee wages for 1982 . Background The demands submitted by Local #320 include wages , insurance and uniforms . The latter item is not eligible for negotiation in 1982 and should not be discussed. The wage demand is for a $1 . 15 per hazer increase and insurance demand for payment by the City of the full premium. Compare the metro rates in the attached survey prepared by Mike Pelach. From the survey it becomes apparent that a large number of cities have gone with an 80¢ per hour increase for Heavy Equipment Operators , equalling an 8. 67 increase , and Light Equipment Operators , equalling an 97 increase (note a large number of Cities have only these two position classifications with a 2 or 3 year progressive pay plan starting at 80% of the top pay when hired rather than the seven positions Shakopee currently has) . Wage Alternatives 1 . If Shakopee awarded a percentage increase of 9% for 1982 it would equal 84¢ for our Heavy Equipment Operator placing them within 1¢ per hour of the metro average and 79¢ for our Light Equipment Operator placing them within 6¢ per hour of the metro average . The 9% would be internally consistent with the police (they also had a 97 change in their longevity) . 2 . A second approach could be to offer the same 80¢ per hour that most of the other cities have offered which would mean putting Shakopee within 5¢ per hour of the average wage for Heavy Equipment Operators and 5¢ per hour for the Light Equipment Operators . 3 . A third alternative would be to award an 85¢ per hour increase which would be designed to bring both positions up to the metro average per hour salary. 1982 Local #320 (Public Works) Labor Negotiations August 14, 1981 Page Two Insurance Alternatives For 1981 , Shakopee has a $95 maximum City contribution per month much like a large number of metropolitan area cities . The survey shows that, although there are some variations , a large number of cities have provided a $10 per month increase in this benefit for 1982 raising the maximum City contribution to $105 . The City could consider offering the same $10 increase thus paralleling what most cities have done and at the same time achieve internal consistance between Public Works and Police which will be at the $105 maximum in 1982 . Summary Council can select from a number of goals in deciding how it would like to handle the negotiation: 1 . Council can try to hold all costs down to minimize pressure on our budget/taxes . 2 . Council can try to obtain internal consistency. 3 . Council can try to maintain pay rates comparable to Metro averages . 4. Council can try to accomplish part of each of 1-3 above. I have talked briefly with Larry Evans , the business agent and negotiator for Local #320. I believe the union will be looking primarily at 2 and 3 above , and that they would like to resolve this quickly. If City Council (1) follows the pattern of looking at the metro average as it did for Police and (2) follows up on its action last spring of begin to equalize the fringe benefits to City employees by paying the same insurance maximum of $105 in 1982 for all employees , then the City will also be setting its goal as 2 and 3 above . Recommendation That the City ' s goal(s) in negotiation be numbers 2 and 3 above . That the final agreement be 85¢ per hour for wages and $105 maximum per month health benefit . JKA/jms / ` MINNESOTA TEAMSTERS PUBLIC & LAW ENPOPCEMENT EMPLOYEES UNION �,� ,,,, y'``� ' LOCAL NO. 320 ' t j 'f %;N.. 4 4 --E�R:a��,,,,Il �Q affiliated with the 1, ;,74.7,,,7 ' '! INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA -troy,/ 3001 University Avenue S.E. — Minneapolis, Minnesota 55414 --- Phone (6-12) 331-3873 .t .3 July 29, 1981 A E et IV 7. .„b Mr. John K. Anderson 4W. 3 0 1981 City Administrator 129 East First Avenue CITY OF $}{ ®i�EE Shakopee, Minnesota 55379 RE: 1982 Contract Demands Public Works Department Dear Mr. Anderson: The following are contract demands submitted to you on behalf of our membership employed by the City of Shakopee in the Public Works Department. 1. Wages: $1.15 per hour applied to all steps. Mechanic to receive 25¢ per hour above H.E.O. rate. 2. Insurance: The employer shall pay full premium for employee and dependents. 3. Uniforms: The employer shall furnish uniforms for all employees in the Department. The Union reserves the right to change and/or modify its demands during the course of negotiations. Any items not changed or modified shall remain in full force and effect. Sincerely, TEAMSTERS LOCAL NO. 320 (7 )etitic,)tztA.,02._ ,-- --NC-C"1/14-1 Lawrence E. Evans Business Agent LEE/azo opeiu-12 cc: Joe Honermann I United To Protect MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Main Street Sanitary Sewer Insulation DATE : August 13 , 1981 Introduction The Main Street Sanitary Sewer Insulation project uncovered the fact that many of the sewer tile were broken and/or defective . After looking at the site, I concurred with the City Engineer that it should be replaced before being insulated. Change Order Policy The Main Street job is a $4200 project which was appended to the Hauer Lateral project by Change Order August 4, 1981 . The Hauer Lateral project itself had a $1000 individual change order/quantity change and $4000 aggregate change order/quantity change . Other than the initial $4200 Main Street change order there has been no change order/quantity changes for the Hauer Lateral project . The cost of the new pipe is approximately $500 and the original bid included a quantity price so no negotiation is required on price . The cost will be to the Sewer Fund along with the original $4200. 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U1 J• UI 3 • • • • • Z y (4 11 k MEMO TO : Members of the Ad Hoc Cable Communications Committee and, the City Council FROM: Jeanne Andre , Administrative Assistant RE : Videotape on Community Programming DATE : August 6 , 1981 Bill Nee , Mayor of the City of Fridley, has produced an excellant videotape on community programming (local origination and local access) available on the Fridley cable system. Attorney Adrian Herbst has secured this videotape for viewing in Shakopee . I have arranged for the library to show this film to interested persons by reservation during its regular hours . I recommend that all Cable Committee and City Council members view this videotape at their convenience . In addition the Commu- nity-at-large will be notified of the availability of this tape . JA/jam (2?Y MEMO TO: John Anderson City Administrator FROM: Don Steger City Planner RE: Action by the Planning Commission and the Board of Adjustment and Appeals on Variances and Conditional Use Permits DATE: August 14, 1981 Board of Adjustment & Appeals: 1. John Rademacher request for a 2' 6" rear yard variance and a 3' 6" side yard variance to allow the placement of a garage at 140 W. 3rd Avenue was approved. 2. John Bergstad's request for a 2' 4" rear yard variance in order for the Senior Citizen Highrise to comply with City Code was reluctantly approved. Planning Commission: 1. Marcia Armstrong's request for a Conditional Use Permit to operate a professional office in her home at 1043 So. Main was approved subject to review in one year and that any change in the business as proposed would require a new Conditional Use Permit. Her home occupation is the practice of kinlein. 2. Sharon Fenske's request for a Conditional Use Permit to operate a dance studio as a home occupation at 642 Adams was approved subject to review after six months in operation and that any changes in the operation of the dance studio as proposed would require a new Conditional Use Permit. 3. Jerome & John Hennen's request for a Conditional Use Permit to operate a fuel/service station at 807 E. 1st Avenue (B-1) , was approved w/conditions. Should you have any questions on any of the above Planning matters, please let me know. jiw MEMO TO: Barb Menden FROM: Gregg Vox.land, Finance Director RE: Sewer Billing DATE: August 12, 1981 Resolution No. 1832 adopting sewer rates for 6/1/81 and the changed method of billing residential accounts is intended to be implemented as follows: Residential: Individually metered houses, townhouses and/or duplexes and triplexes. Does not include apartments with water supplied through "house" meter. Water consumption base for 1981 is Winter quarter water use, for 1982 and thereafter it is the 2 quarters of fall and winter. The sewer rate is applied to the monthly average of the base. The dollar amount derived is what is billed monthly to the account with the water meter until a new base or rate is established. Residential accounts that have sewer but not water or a new owner takes over should be billed $5.00 per month (estimated average residential bill) . New owners bill changes then with new base. Commercial & Industrial: includes apartment houses Each account that has a water meter (excluding accounts/business with sewer flow meter and/or water meter for water that does not enter sewer system) is to receive a sewer bill quarterly based on water consumption of the preceeding quarter. (i.e. 7/1/81 bill based on 3/15 to 6/15 water meter readings.) For apartment houses, normally water is supplied through a "house" meter. Therefore, the individual apartments have no water meter and are not billed sewer. The house account has the meter and is billed quarterly based on water used like a normal commercial business. Commercial and industrial accounts billed as such prior to 6/1/81 continue to be billed in the same manner as before but with the new rate. /ctpfENAi:v CITY OF SHAKOPEE • .24 ♦,;-..,„,1-„;,.. , 129 East First Avenue, Shakopee, Minnesota 55379 1 , V .-.r 1r!0‘- MEMO TO: _ John Anderson FROM:Jim Karkanen, Public Works Dept. SUBJECT: Weed control DATE:_ Aug. 13 , 1981 The weed inspector has completed his 1st round weed notices with complete compliance. This past week he has started sending notices to various property owners for the 2nd round because of fast growing weeds. (Examples. .Eagle Bluff 2nd Addt. , Eastview Addt. and Minn. Valley Addt. ) The property owner is sent a 10 day notice with a price per hour list from our weed cutting contractor. (Examples included) The weed contractor bills the property owner directly. The City uses their own forces to mow R/W' s and public land. Normally, two cutting per season are sufficient for a normal growing season, however , this season will require a third cutting because of the early spring growing season this year. A list of 1st round cutting is included. Regarding your request of which lots were cut at Eastview Addt. the 1st round; All of the lots were cut and billed to Wm. Chard as per his instructions on the 1st round. One property owner (Ed Hennen) has already requested a cutting on his 6 lots this week. This cutting operation was begun on Aug. 12th. We' re_ waiting for a reply from Mr. Chard on the other lots at this time. 8/14/81 -- Wm Chard has just instructed us to mow the Eastview Aidt. The weed contractor has been notified, and he should start on it this weekend. TENTATIVE AGENDA SHAKOPEE, MINNESOTA ADJ.REG. SESSION AUGUST 18 , 1981 Acting Mayor Reinke presiding 1 ] Roll Call at 7 : 30 P.M. 2 ] Approval of Minutes of July 21st and July 28th, 1981 3 ] Communications : a] Notice of Public Meeting on A Draft Plan for Housing and Related Services for Older Persons in the Twin Cities Metro Area b] NSP Wholesale Rate Increase - Lou has indicated that SPUC would be following this closely c ] Metro Council re : Sludge-Ash Landfill Siting Program d ] Carl J. Vierling request to hook-tip to City water 4 ] Liaison Reports from Councilmembers 5 ) RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6 ] Old Business : a ] 7 : 30 P.M. - Block #57 Assessment Agreement b] Fuller Street Storm Sewer Lateral Feasibility Study (Blk 57) c ] 8:00 P.M. Continuation of Public Hearing - Request for Proposals to Provide Cable Communications Services to the City of Shakopee a) Continuation of public hearing b] Staff report on additional background information c] Presentation by Consultant Anita Benda d] Additional comments by public and Council e ] Adopt Request for Proposals OR continue public hearing f ] Close public hearing BRING ORDINANCE AND REQUEST FOR PROPOSALS d ] 9:00 P.M. - Continuation of public hearing on the proposed assessments for the 81-1 VIP Sanitary Sewer Interceptor - Res . No. 1891 , Adopting Assessments e ] 81-2 Bluff Avenue assessment on Joseph J. Kopp Estate f] Resolution No. 1897 , Awarding Contract for 81-2 Bluff Avenue Watermain and Sanitary Sewer g ] Report on recording agreement between the City and Milwaukee Railroad ditch maintenance agreement 7 ] Planning Commission Recommendations : a] Preliminary and Final Plat Approval of Nor-Dean 1st Add 'n. , lot split for an existing duplex located at 1522-1528 10th Avenue West (PC 81-23P) Developer: r-Dean. Enterprises , 14095 Quebec Ave . So. , Savage. 55378 Planning Comm- Recommendation: Approval w/conditions Action: Approve preliminary plat and adopt Res . No. 1895 . - TENTATIVE AGENDA August 18 , 1981 Page -2- b ] Preliminary and Final Plat Approval of Nor-Dean 2nd Add 'n. , lot split for an existing duplex located at 1064-1076 Sibley (PC 81-24P) Developer: Nor-Dean Enterprises Planning Comm. Recommendation: Approval w/conditions Action: Approve preliminary plat and adopt Res . No. 1896 8 ] Routine Resolutions and Ordinances : a] Ordinance No. 71 , Amending the City Code by increasing the bond requirementsfor on and off sale liquor licenses b ] Ordinance No. 72 , Amending the City Code to provide for the filing of a bond and bringing structure up to code within six months after it is moved in c ] Res. No. 1894, Declaring the cost to be assessed and setting a public hearing onLassessments (Holmes St . storm assess- ment appeals) d ] Ordinance No. 73 , Proposed Park Ordinance 9 ] New Business : a ] 8: 30 P.M. - Application for On Sale and Sunday Intoxicating Liquor Licenses - Iowa Falls , Inc . , 1.01 East 1st Avenue b ] Family Dining Inc . (1 & 44 Off Sale ) c] 80-11 TH 101 Trunk Watermain Assessment Method d] 80-4 CR-16 Utilities Improvement - Change Order (to be provided on Monday) e ] Maintenance of W 4th Avenue from Adams to Harrison f ] Noise Survey Report from the League g] Quotation of Pending Assessments for 80-3 San. Sewer Service Lines , Curb, Gutter & Sidewalk Holmes Street Reconstruction h ] 1980 Official. Audit Statement i ] Letter of Recommendations from Jerome Jaspers & Company j ] Authorize payment of the bills 10] Consent Business : a] Authorize purchase of one radio control unit 11 ] Other Business : a] Air Conditioner on West Side of City Hall b] Finance Department Operations c ] Amendment to City & Hockey Lease Agreement d ] Discussion of Public Works Labor Negotiations e ] f ] g] 12 ] Adjourn to Tuesday, August 25 , 1981 , at 7 : 30 P.M. John K. Anderson City Administrator NOTICE OF PUBLIC MEETING ON A DRAFT PLAN FOR HOUSING AND RELATED SERVICES FOR OLDER PERSONS IN THE TWIN CITIES METROPOLITAN AREA RECEIVED THURSDAY, AUGUST 27, 1981 AUG 1 1 1981 9:00 A.M. CITY OFMe r.opo.P.c tan Counc e Chamber � � �"��� 300 MetAo Square Bldg. 7th and Robert Stz. St. Pau e, Minnu oCa 55101 A joint Housing/Health/Aging Task Force of the Metropolitan- Council will hold a public meeting for agencies and individuals to comment on a draft plan for housing and related services needed and preferred by older persons in the Twin Cities Area. The task force consists of members from the Council ' s Metropolitan Housing and Redevelopment Authority Committee, Metropolitan Health Board and Advisory Committee on Aging. The draft plan is the result of a two-year study by the task force of housing and related service needs of the Area' s older population. The plan describes the needs and preferences of older persons for a variety of housing and service arrangements , including living independently in single-family homes to living in planned housing developments for the elderly, and living in nursing homes. The plan includes policies for developing additional housing and services and recommendations for their organization, provision, distribution and funding. The plan has two parts : 1. A policy plan that includes recommendations on a range of housing alternatives and related supportive services. (See Summary on other side of page. ) 2. Recommendations on the location and provision of these housing and services for each of the Area' s seven counties . To obtain a copy of either or both of these parts , call the Council' s Aging Program at 291-6445 or 291-6304. If you wish to comment on the draft plan at the public meeting, call the Aging Program at 291-6445 or 291-6304 to be placed on the agenda. Written comments on the draft plan are also welcome. Send before September 1, 1981 and address them to: Dick Flesher, Chairman Housing/Health/Aging Task Force Metropolitan Council (See above address. ) SUMMARY OF PLAN The joint Housing/Health/Aging Task Force of the Metropolitan Council has prepared a document entitled "Draft Plan for Housing and Service Arrangements Needed and Preferred by Older Persons in the Twin Cities Metropolitan Area. " The draft plan recognizes that finding and maintaining suitable housing are problems for a large proportion of the older population. Declining health, decreased mobility, financial limitations and changes in social and family relationships are the most frequent causes of housing problems among older persons. The draft plan defines housing and services broadly to include all environments in which an older person can live and have basic needs met, and the services, such as home delivered meals, needed in order to support an older person in his/her housing environment. The policies and recommendations in the plan are based upon findings from face-to-face interviews with 600 randomly selected people 60 years of age or older living in noninsti- tutional settings throughout the Metropolitan Area. The plan lists desirable characteristics of a housing and service system for the Area' s older people. These character- istics include: an adequate supply of housing and services to provide maximum choice of type and location; support for the "informal network" of family, friends and neighbors who provide most of the assistance needed by older persons; and maximum use of existing resources to promote cost effectiveness. Recommendations are included on six types of housing alternatives: 1) owned housing alternatives; 2) rental housing that serves all ages; 3) rental housing that serves only older persons; 4) shared housing; 5) nursing homes; and 6) "campus settings" where several types of housing are grouped together. The plan also includes recommendations on both informal and formal services including home nursing care, home health aide and homemaker service, chore and home maintenance, home- delivered meals, adult day care, telephone reassurance/ friendly visiting service, and housing assistance and counseling. The plan recommends a housing and services funding strategy that combines funding of agencies and organizations with payment tied to individual older persons, as well as greater participation in payment for services by the older person. • 3 4t0iwr iJ Northern States Power Company 414 Nicollet Mall Minneapolis,Minnesota 55401 Telephone(612)330-5500 August 3, 1981 RECEIVED City of Shakopee AUG 4 1981 129 East 1st Avenue Shakopee, Minnesota 55379 CITY OF SHAKO EE Dear Sir or Ms: Enclosed is a copy of the Northern States Power Company (Minnesota) Wholesale Rate Schedule and a revenue comparison at the existing and proposed rate levels for your City. This filing with the Federal Energy Regulatory Commission proposes an increase of $4,840,506 or 23.3% on the basis of a January 1, 1982 to December 31, 1982 test year. The increase amount for the actual year 1980 billing data is also included on the revenue comparison schedule. The existing rates were approved by the FERC on February 9, 1979. The proposed effective date for this rate increase is October 2, 1981. If you have any questions or comments on the filing, please contact me. Very truly yours, - ' Richard J. -•- s Assistant to the Vice President Commercial Operations Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 Enclosure - l l f T EEN STATES PCXR (XM'ANY ( A) Sheet No: 1 EIECTRIC RATE BOOK Revision: Original WHCFiESAIE Cancelling: 9th Revised Sch. A 1st Revised Sch. A-1 WHOLESALE FIRM POWER SERVICE Service: This schedule provides for the sale of Firm Power Service by NSP to municipalities. Service Conditions: NSP shall provide all the municipality's power and energy requirements which will be delivered hereunder at one of the following voltages: a. Primary Distribution Voltage. The Company will provide transformation facilities for a single point of delivery at City's primary distribution voltage. b. Transmission Voltage. The City must provide all transformation facilities to distribution voltage of not less than 69 kV. Rate: Customer Charge per Month $116.00 Demand Charge per Month Production and Transmission Demand Charge - Current month on-peak period demand - per kW $ 4.60 Distribution Substation Demand Change - Per kW of maximum measured demand during the current or preceding 11 months $ .44 Energy Charge per Month All on-peak kWh - per kWh 2.680¢ All off-peak kWh - per kWh 2.019¢ Rate Code Primary Distribution Transmission Non-Associated Municipality Utility Customer and On-Peak Usage PA114 PB114 PA124 Off-Peak Usage PA115 PB115 PA125 Issued: 8-3-81 By: R. B. Berglund, Effective: 10-2-81 V. P. Qnercial Operations FERC Rate Schedule No: 368 city of: Shakopee Rate Schedule: PA114 3 -0-- NORrFERNT STATES PCNKR OCMPANY (KaatsorA) Sheet No: 2 ELECTRIC RATE BOOK Revision: Original WHOLESALE Cancelling: 9th Revised Sch. A 1st Revised Sch. A-1 WHOLESALE FIRM POWER SERVICE (continued) Monthly Minimum Charge: The customer charge plus the distribution substation demand charge. Late Payment Charge: The above rate plus 4% is applicable upon bills not paid within 30 days from the date bill is rendered. Definition of Peak Periods: The on-peak period is defined as those hours between 9 a.m. and 9 p.m. Monday through Friday, except the following holidays: New Year's Lay, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. When a designated holiday occurs on Saturday, the preceding Friday will be designated a holiday. When a designated holiday occurs on Sunday, the following Monday will be designated a holiday. The off-peak period is defined as all other hours. Definition of on-peak and off-peak period is subject to change with change in Conpany's system operating characteristics. Determination of Production and Transmission Demand: The measured 15-minute maximum demand in kilowatts within the current billing month which occurs during any on-peak hours. Determination of Distribution Substation Demand: The maximum 15-minute measured demand in kilowatts occurring anytime during the current or preceding 11 months. Power Factor Provision: The City shall be required to maintain an hourly power factor of not less than 98% lagging during the eight hours of City's daily heavy load period and shall also be required to prevent a leading hourly power factor during the eight hours of City's daily light load period. To the extent that the power factor is not maintained as set forth above City shall pay the Cbnpany a facilities fee based upon the Cbrmpany's cost of installing an equivalent amount of switched capacitors or reactors. Issued: 8-3-81 By: R. B. Berglund, Effective: 10-2-81 V. P. Cbmoercial Operations FERC Rate Schedule No: 368 City of: Shakopcc Tate Schedule: PA114 NST STATES POWER COMPANY (MINNESOTA) Sheet No: 3 ELECTRIC RATE BOOK Revision: Original WHOLESALE Cancelling: 9th Revised Sch. A 1st Revised Sch. A-1 WHOLESALE FIRM POWER SERVICE (continued) Fuel Clause: There shall be added to or deducted frau the net monthly bill a amount per kilowatt-hour equal to the product of the increase above or decrease belga .894¢ in the fuel cost per kilowatt-hour sales and the loss factor of .964 rounded to the nearest .001¢. The fuel cost shall be the sum of the following for the most recent two-month period: a. The fossil and nuclear fuel consumed in the Company's generating stations as recorded in Accounts 151 and 518. b. The net energy cost of energy purchases as recorded in Account 555 exclusive of capacity or demand charges, when such energy is purchased on an economic dispatch basis. c. 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O•CO M0NIn en un -4 C I W W In 1111n .ON m r` ./.un In P I0. 0a .0 .Z.. 0OOOO000O000 0 3 c�J i 000000000000 0 0 0 0 0 C 1 000000000000 WW1 COO000000000 0 J rC _ J21 000000000000 113I 000000 01 C 1 M11MN-. 0NNCLON 0 I r7IC • • • • • • • nuNUnunnunon •O HY Pm0.OLnNn .ON1n P I 1-a1 PPPPPPPPPP 4 � • Qcon ' n 021 II IrJJJ� U ` I w� & I V .4 4 )! il a: N N N N N N N N N N N N J KNNNNNNNNNNNN J y mmmmmar mmmmmm 4 \ OG opmmmmmmmmmm � ar\O �NM11n .Or- mPO -.N 0 O ..NMJIn .ON ar' P.4.4.4 I..4 4 O PiTLII AG4] E G4 M ... .4 I- F 3 BRUDER & GENTILE 1201 CONNECTICUT AVENUE,N.W. SUITE 708 OEOROE P.BRUDER WASHINGTON, D. C. 20036 JAMES E.HICEEY,JR. CARMEN L.OENTILE ALBERT R. SIMONDS,JR. (202) 452-1985 HOWARD E.WAHRENHROCE J. MICHEL MARCOUX OP COUNSEL August 3 , 1981 The Honorable Kenneth F. Plumb Secretary Federal Energy Regulatory Commission 825 North Capitol Street, N. E. Washington, D. C . 20426 Dear Mr . Plumb: Submitted herewith on behalf of Northern States Power Company (Minnesota) ("the Company" ) are six copies of a rate filing increasing wholesale revenues by $4 ,840 ,506 , or 23 .3% , in Period II, which is calendar year 1982 . The Company requests that the filing be permitted to become effective on October 2 , 1981. The 26 affected wholesale customers and the FERC designations of the contracts under which they are served are shown in an attachment hereto. 1/ Each contract contains an attached rate schedule and provides that such schedule may be superseded from time to time by appropriate filings with the Commission. By this filing, made under those provisions of the contracts , the following two new rate schedules are substituted for the existing rate schedules : (1) Wholesale Firm Power Service (Serving Primary Distribution and Transmission Voltages, Cancelling Existing Schedules A and A-1) . 1/ Twenty-four of the 26 affected customers are located in Minnesota; one, Sioux Falls , is in South Dakota; and one , Hillsboro, is in North Dakota. Twenty-five are municipal electric utilities and one , Home Light and Power Company serving Jasper, Minnesota, is an investor-owned utility. The Honorable Kenneth F. Plumb August 3 , 1981 Page Two (2) Wholesale Load Pattern Power Service (Serving Primary Distribution and Transmission Voltages , Cancelling Existing Schedules A and A-1) . The list of customers attached hereto indicates which of the above new rate schedules applies to each customer and whether the customer is served at distribution or transmission voltage. For the convenience of the Commission, three copies of each of the superseding individual customer rate schedules to be substituted in the contracts are enclosed. The Company requests that any suspension of the filing in this case be limited to one day. The Company ' s present wholesale rates have been in effect since October 8 , 1978 -- a period of almost three years . The escalation in power supply costs over that period has severely eroded the Company ' s earned rate of return on wholesale business. As the filing made today shows, the existing rates would yield an overall return of only 6.5% in 1982 if they were to continue in effect throughout that year. An overall return of 6 . 5% would produce a return on equity of only 4 . 3% on an end-of-year 1982 capital structure. For comparison with those rates of return, the Company' s evidence submitted here shows that its overall fair rate of return is 11 . 4% and its fair rate of return on equity is 16 .0%. A request for a return on equity of 16.0% is itself decidedly restrained in the light of current and projected financial circumstances. The result of inflation and the efforts to combat it is some of the highest interest rates ever experienced in this country. The prime rate now exceeds 20%; the short term commercial paper rate exceeds 17% . New utility bonds are being issued at 16% or higher . _ Government announcements indicate a continued tight money policy. Against that background of the current cost of debt, a request for a return of 16% on equity, which is a higher risk investment than debt investment, is manifestly reasonable. The high cost of money does not appear likely to subside. Massive requirements for capital -- for both private and governmental uses -- will be experienced in the years ahead. Capital formation is becoming, if anything, more difficult. Indications from the government are that 3 ..ems The Honorable Kenneth F. Plumb August 3 , 1981 ( Page Three tight money policies will be continued. Most major forecasters are projecting continued double-digit inflation in 1981, with slight abatement in 1982 . Thus , there is little reason to hope that the cost of money will slide in the foreseeable future . There is every reason to believe that a return on equity of at least 16% will continue to be required in the foreseeable future. In preparing this filing the Company has attempted to conform with Commission-approved cost of service procedures . It believes that its rates will be considered just and reasonable under those procedures . To summarize the basis for the Company's request for suspension of minimal duration, the Company urges four separate but inter-related grounds. First, the existing rates have been in effect for a relatively long period -- during rapidly escalating power supply costs. Second, the existing rates render an obviously inadequate return on equity -- 4 .3% -- in the test year. Third, the proposed return on equity under the superseding rates -- 16 .0% -- is manifestly reasonable in the light of current and projected financial circumstances. Fourth, the Company' s proposed rate increase is based upon Commission-approved cost of service procedures and is not excessive. The filing implements changes in the Company ' s recovery of projected nuclear plant decommissioning costs and spent nuclear fuel disposal costs. Recovery of both of those types of projected costs is to be accomplished through an internal sinking fund procedure , the object of which is to levelize the accounting and rate impact , insofar as possible , over the life of the nuclear projects. The procedure proposed to recover both types of costs contemplates periodic monitoring of cost-related developments over the life of the projects and adjustment of the cost recovery to reflect such developments, along the lines of the procedure employed in remaining life depreciation accruals. In addition to the increase in rate level, the filing implements time-of-day wholesale rate design. The rate design employs both an embedded class cost of service study and a short run marginal cost study. The embedded cost study identifies various cost components (energy costs and various categories of other costs) and the short run marginal cost study separates the energy costs into on-peak The Honorable Kenneth F. Plumb August 3 , 1981 Page Four and off-peak components. The on-peak period is 9 : 00 a.m. to 9 :00 p.m. , Monday through Friday , and the off-peak period is all other hours of the week and all hours on designated holidays . Energy rates are designed to reflect differences in the incremental system energy production costs during the on-peak and off-peak periods. The on-peak energy charge is 2 .680 per kWh, and the off-peak energy charge is 2 .019 per kWh. The customer charge is $116 per month and the demand charge is $4 .60 per kW of the current month on-peak period demand for transmission voltage deliveries. There is an additional charge of $0 .44 per kW of maximum measured demand during the preceding 11 months for distribution voltage deliveries. The filing also changes the form of the rate schedules attached to the service agreements . There currently are five rate schedules on file with the Commission as attachments to service agreements, one of which, Schedule J, is no longer in use since the two customers using the schedule , the Cities of LeSueur and Kenyon, discontinued service on December 20 , 1978 and November 15 , 1978 , respectively, and converted to standard load pattern power service at transmission voltage delivery (Schedule A.1) (see filing in Docket Nos. ER79-56 and ER79-625) . By the present filing, the Company requests permission to withdraw the unused Schedule J. The remaining four schedules have been combined into the two new schedules, by providing a single schedule for wholesale firm power service (total requirements service) for both distribution and transmission voltage deliveries and a single schedule for wholesale load pattern service (partial requirements service) for both distribution and transmission voltage deliveries. No expenses or costs included in the cost of service statements in Period I or Period II have been alleged or judged in any administrative or judicial proceeding to be illegal , duplicative or unnecessary costs that are demonstrably the product of discriminatory employment practices. The Company has no service similar to that covered in this filing. No specifically assignable facilities have been or will be installed to provide services under the rate schedule change. Included with this filing are the following items : -19-- The The Honorable Kenneth F. Plumb August 3 , 1981 Page Five (1) A check in the amount of $29 ,202 .53 for • the filing fee. (2) The proposed superseding rate schedules applicable to the individual wholesale contracts . (3) A list of the wholesale customers and state commissions to which copies of the rate schedules and comparative billing data have been mailed , pursuant to Section 35 . 2 (d) of the Regulations under the Federal Power Act. (4 ) A draft of notice of the rate filing for use of the Commission. (5) Testimony and exhibits in six volumes in support of the rate filing together with accompanying workpapers . Since this is the Company ' s first filing under the Commission' s revised filing rules , the cost of service study is referenced to work papers to aid review. In addition , the required Statements AA through BL are referenced to the cost of service study where applicable . (6) An attestation of an accounting officer as to the data used in preparation of the filing. Northern States requests that all Commission orders and correspondence, as well as pleadings and correspondence from others , be served on the following: George F . Bruder, Esquire * Bruder & Gentile 1201 Connecticut Avenue, N. W. Suite 708 Washington , D. C. 20036 David A. Lawrence , Esquire * Northern States Power Company -Law Department, Fifth Floor 414 Nicollet Mall Minneapolis , Minnesota 55401 t. * Persons designated for service pursuant to Section 1. 17 (c) , Rules of Practice and Procedure. The Honorable Kenneth F. Plumb August 3 , 1981 Page Six Mr. Roy H. Berglund Vice President, Commercial Operations Northern States Power Company Rate Department, Fourth Floor 414 Nicollet Mall Minneapolis , Minnesota 55401 Any request for copies of the filing should be addressed to Mr. Lawrence. V y truly yours , Geo ge F. Bruder Enclosures cc : Enclosed List * Person designated for service pursuant to Section 1. 17 (c) , Rules of Practice and Procedure. LIST OF AFFECTED WHOLESALE CUSTOMERS AND FERC CONTRACT DESIGNATIONS The 15 affected firm power total requirements wholesale customers and their current FERC rate schedule designations of their contracts are as follows : Customer FERC Rate Schedule No . Firm Power Service Primary Distribution Voltage Ninth Revised Schedule A Arlington 378 Brownton 324 Chaska 323 Home Light and Power Company 335 Kasota 318 Kasson 379 Lake City 361 North Saint Paul 371 Saint Peter 325 Shakopee 365 Waseca 380 ( Winthrop 364 \ Firm Power Service Transmission Voltage First Revised Schedule A-i Anoka 338 Buffalo 369 Granite Falls 355 The eleven affected load pattern partial requirements wholesale customers and their current FERC rate schedule designations of their contracts are as follows: Customer FERC Rate Schedule No. Load Pattern Service Primary Distribution Voltage Second Revised Schedule A Sauk Centre 389 C - 2 - 3g- ! Customer FERC Rate Schedule No. Load Pattern Service Transmission Voltage First Revised Schedule A-1 Ada 385 • East Grand Forks 387 Fairfax 400 Hillsboro* 314 Kenyon 394 Le Sueur 392 Madelia 397 Melrose 401 Olivia 388 Sioux Falls 386 * Contract expires without renewal on January 2 , 1982 . olitao C� RECEIVED 04 AUG44,4 3 1923. 03% 11111 0. CITY OF SHAKOPEE 1$4 '(N 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-6359 July 31, 1981 TO: People Interested in the Metropolitan Council Sludge-Ash Landfill Siting Program The Metropolitan Council staff has completed a draft of a new report that recommends 10 potential sites for further consideration as possible disposal sites for sewage sludge and sewage ash disposal. The 10 sites are located in rural parts of five cf the Area ' s seven counties. They were selected in connection with a site selection process that is scheduled to end in early 1983 with designation of one landfill site for sewage incinerator ash. Under state law, the Council can site a second "disposal facility" to landspread sludge as a low-grade fertilizer . The staff recommendation is based on available data used to rank 31 sites that were previously under consideration, and on a set of "weighted" environmental and non-environmental criteria adopted by the Metropolitan Council on July 23 . The staff has also recommended the elimination from further consideration of 21 of 31 original possible sites identified in an April Metropolitan Council report. The 21 sites do not meet the Council' s mandatory environmental standards , or were ranked low in comparison with the 10 selected sites when measured against the weighted criteria. The enclosed material identifies the 10 sites , contains the weighted criteria, pertinent data from which the Council staff developed its recommendations, and the resulting ranking of all sites that passed the mandatory environmental criteria. The Council will hold two special meetings in September to provide you with greater opportunity to bring information before the Council that you feel is pertinent to the sites still under consideration, and to the landfill siting program. An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County 0 Carver County 0 Dakota County 0 Hennepin County 0 Ramsey County 0 Scott County 0 Washington County The meeting dates and locations are as follows: - September 10 , 8 p.m. , Coon Rapids High School Auditorium, 2340 Northdale Blvd. , Coon Rapids - September 21, 8 p.m. , Shakopee High School Auditorium, 10th and Lewis Av. , Shakopee The 1980 state Waste Management Act (MS 473 .153 .516) , as amended in 1981, directs the Metropolitan Council to select at least one sludge ash disposal site in the Twin Cities Area. The law also allows the Council the option of determining if land is needed for sewage sludge and, if so, to find a suitable site. The site would be owned and operated by the Metropolitan Waste Control Commission. The purpose of the state law is to find a safe location for the disposal of sewage incinerator ash waste . This proposed narrowing of the list of sites under consideration is far from definitive. The Council will not select the single final landfill site until February 1983. A number of governmental actions need to be taken after the two public meetings. In September , the Council is expected to adopt six candidate sites plus alternates , and forward the choices to the Minnesota Pollution Control Agency for its determination of the " intrinsic suitability" of the sites for land disposal after additional soil borings are taken at each of the six sites . In November , the Environmental Impact Statements will begin. The Council encourages you to be in communication with your neighbors about the contents of this letter and the enclosed material. It is possible that the Council' s mailing list is not complete. The Council has a large mailing list of people interested in receiving mailings about the sludge siting program. Please advise us by fill- ing out the mailing form which is attached if you wish to continue to receive sludge-related mailings from the Council. If the form is not returned, your name will be removed from the list. Copies of the complete report , entitled Choosing Sewage Sludge Disposal Sites: Potential "Candidate" Sites. Report No. 4 , are available at no cost by calling the Council ' s public information office at 291-6464 . I would also encourage you to contact us at the above number with any questions you may have about the siting program, and to participate in the September public meetings. Sincerely, CIAGLe4.4 Charles Weaver Chairman , Metropolitan Council Enclosures -1- 3 G _T____ _____.__,_______-1 1 ST.FRANCIS( I IBETHEL-.' cit to i LIN WOOD EAST BETHEL 1 CI HURNS OAK GROVE 1.0 \ilk 2 III _--__ 1 VO td ! / �D//T ` ANOKI CO. COLUMHUS L� '/O//Q� OWit "�.� RAMSEY ANDOVER I HAM LAKE --11.--14:‘, FOREST LAKE IG I NEW SCANDIA HI'srLAKE I / v>, a�,.t.y- 40 I j DA7Tom I 'KA HASSAN LINO LAKES MARINE CHAMPLIN COON RAPIDS 6415 ON_ /�1iCE NTERVILLE L 1 BLAINE �//4,11t1 _ / M=r I I � HUGO HANOVER 1- -- �"- LE%ING TON CIRCLE PINES osSEO ��— _ - / WASHINGTON CO. GREENFIELDI CORCORAN MAPLE GROVE it p'MOUNDS SHOREVIEW 27/ r ' VIEW- �Z BROOKLYN PARK NORTH IE 22 I SFIILNATFR , OCKFORD ( FRIDLEY L. 12 OAKS WI4 TE�EAR • HENNEPIN CO. I BROOKLYN NEW L K./J// GRANT 1 CENTER (BRIGHTON VADNAIS 2 -,./•44, j/Zq ����....1111 ii)) H�EIGHTS to /G1 ❑LORETTO C STA I' i ;�13 �ARDENI y/l 2 Q2g Si1L WATER:-' HILLS- /�, NEWS 14 1pJ I INDEPENDENCE MEDINA I PLYMOUTH NOPE 10 I 3 151 •'''' IITTIEIJ ,1- s - 3O,C,, O1 j CANADA NO7ITH �. i� G I ROTE VILLE ST.jPA UL �% MAPLE PLAIN _-1 J L. pp 8�/ GOLDEN CT 2 MAPLEWOOD 1--- 1 LAKE HA.I•HWN / � '�rr OA KOALE H vALLE7 16 17 - ELMO --r- '.�// _ yLONG LA KE( P _ �_ _� oeor/o WAY ArY'L_, L �-.� I RAMSEY CO. d LAKELANO E. WATERTOWN --- i , L .�5� t 1 MINNET RISTA f� :y / MINNETONKA ST 1OU15 vN� I r• LAKELANO �,�I�'ai% /q�-/ 7 ` -�.1 PARK /p SAINT PAUL_ J 21 `fr ��� 4� S LyI � Y/��,MINNEAPOLISi#''%4•5 31 nOIL+HOOD w-'t RfOwN 9 2 J�1 � `' /' OPKINSa.I P I / DEEPMAYEN {I 1 (-, .n r �a, I ST.CRO(%BEACH// {-1_, /14r�j���/P Y L� �1 LI"4 lg I WStT j'l{ wOODBURY • 3 6 ^ STBONI/ACID$ .' -�{_-- LDINA -J1 ,•� ;PAUL i E' AFION - -- ArER --z-,-^! - • / '�., ~- l8 ISOUrH NEW GERMANY 4// I RICHFIELD~AIRPORT MENDOIA ter_ 5T NE WIO RT I HEIGHTS SUNFISH PAUI ! j"yam' VICTORS dCHANHASSEN , 't2 _ K li;1 'AML EN I .•.sr ON1 7�lYi ,-KETONN ' EDEN PRAIRIE ,sr,PAUL - . WACONIA / AR . 1. 111 BLOOMINGTON INVER GROVE CARVER CO. CNASKA I EAGAN HEIGHTS / COTTAGE GROVE I I.",r.RK CHASM nr • MM rouNc I - DAKOTA CO. / (IA MERICA �'722 L__I SHAKOPEE i /4' ''PTY NORWOODr� I L�.� CARVER 1-.KSON �j BURNSVILLE j /,. L� I. 23 CO.OGNEI'T4"1-GREN L-1 3L SAVAGE i//� TOW,.AM.R.CA I Hi PRIOR APPLE VALLEY ROSEMOUNT NiNr..,{' _ LAKES 4 1 HASTINGS I'', L •HsrlLt II // LHAMIURG y----J - __L �1G -- I t T [////� LSC-rOA.TES 1 ��----- '.N,RANI stir ,"/ T� H:NIOCK I 17 I 'V I '.... 1 I '.I HMiLLi<iN IRA.I NN,. L_�--� L � ' LAK EMILIE SAND...REEK SPRING LAKE I CHf Crif I FMPI Rt I I 1 MARS HnN Load,rcir I RIVER I to VE RLM-I LJl10N j SCOTT CO. ■ARMINGTDN ST LAWRE NCE( JORDAN L. I I----_r_— I --L_ I , I�-- -1- ---�- - — iBELLE PLAINE I -- I Ni:.K.:.HKEr. I ! 1 IL • cNEW TRIER l NL-KELEY I et LLE PLAIN 1 HELENA u` 1 I wAMPYON J 1 E CEDAR LAKE EJREKA ��I i RI..'V U I i 11 NEW MARKED I ® 1 MIESVILLEI I i$ - MPTON DOUGLAS -���L�-�� NEN IRAGUEI - r�"�1. I 15.., , ELKO� --I RANDOLPH I j! MILES 5 10 15 20 2yEl m,,,.• .. / ' • _ Irt -J _l POTENTIAL CANDIDATE SITES ANOKA County Boundary ORONO Municipal Boundary `AM°I N Township Boundary l -L- CRITERIA AND WEIGHTINGS Relative I. MAJOR ENVIRONMENTAL CRITERIA Weight A. Surface Water (distances from middle of site) 1. Distance to lakes 94 _• 2. Distance to streams 94 B. Geology 1. Distance to bedrock aquifer .122 2. Groundwater flow away from urbanization 70 II. OTHER ENVIRONMENTAL CRITERIA A. Slopes: predominantly flat or predominantly rolling 34 B. Wetlands (as a percentage of site) 75 C. Forested (as a percentage of site) 27 III . MAJOR NON-ENVIRONMENTAL CRITERIA A. Agriculture 1. Zoned long-term agricultural (zoned 1 per 40) : 83 2. Prime farmland (Class I and II soil) 108 B. Transportation 1. Distance from nine ton road 11 2. Haul distance 72 IV. • OTHER NON-ENVIRONMENTAL CRITERIA A. Distance to development (4 homes per 10 acres) 52 B. Historical/archaeological/critical habitat (on and adjacent to) 29_ C. Number of property owners 39 D. Public ownership 69 SITES FACT SUMMARY SHEET SURFACE WATER GEOLOGY SLOPES1 WETLANDS FORESTED AGRICULTURAL Distance (feet) to Depth (feet) Groundwater Zoned Percent to bedrock flow away fro long-term prime Lakes Streams aquifer urbanization Predominantly Percent Percent agriculture farmland 1000-2500 3 300-1000 3 35- 75 3 Yes 1 Plat 1 0- 5 1 0- 8 1 Yes 3 0-40 1 Site 2500-4000 2 1000-2000 2 75-150 2 No 3 Rolling 3 5-10 2 8-16 2 No 1 40-70 2 No. >4000 i >2000 1 >150 1 10 3 16 3 70 3 2 >4000 >2000 140 No Flat 4 21 No 67 3 3800 >2000 >150 No Rolling 0.7 5 - No 52 4 >4000 >2000 >150 Yes Flat 4 22 No 82 5 3800 >2000 55 No Rolling 6 6.5 No 77 9 >4000 >2000 137 No Rolling 0 13 No 73 10 >4000 >2000 >150 No Rolling 0 2 No 66 11 >4000 >2000 70 Yes Rolling 0 4 Yes 75 13 >4000 >2000 105 Yes Flat 0 12 Yes 98 14 >4000 >2000 120 Yes Flat 0 1 No 94 15 >4000 >2000 95 Yes Flat 0 3 No 69 16 >4000 >2000 60 Yes Flat 5.6 6 Yes 78 17 >4000 >2000 >150 Yes Flat 4 23 Yes 45 18 >4000 >2000 >150 Yes Rolling 0 3 Yes 57 19 3400 >2000 >150 Yes Rolling 9 1 Yes 37 22 >4000 1600 >150 Yes Rolling 1 5.5 Yes 36 23 >4000 >2000 >150 Yes Flat 0 11 Yes 73 24 >4000 750 >150 Yes Flat 1 4 The 83 25 >4000 >2000 >150 Yes Flat 2 4.5 Yes 74 26 >4000 >2000 >150 Yes Flat 0 2.5 The 90 27 3500 >2000 >150 Yes Flat 0.7 12 Yes 72 28 >4000 >2000 >150 No Flat 4.5 9.5 Yes 44 29 >4000 >2000 >150 No Rolling 0.7 26.5 Yes 46 30 >4000 >2000 >150 No Rolling 9 12 Yes 76 TRANSPORTATION RESIDENTIAL HISTORICAL OR NUMBER OF PUBLIC TOTAL DEVELOPMENT ARCHAEOLOGICAL OR PROPERTY OWNERSHIP POINTS CRITICAL HABITAT OWNERS Distance Haul distance (miles) to (miles) from Distance nine-ton road source (feet) to On or near Percent 0-1 1 0-20 1 0-3000 3 Yes 3 0-10 1 0- 25 3 Site 1-3 2 20-40 2 >3000 1. No 1 10-20 2 25- 50 2 - No. 3-5 3 >40 3 >20 3 50-100 1 2 <1 30-40 >3000 No 8 0 1634 3 4 30-40 >3000 No 11 0 1779 4 <1 20-30 0-3000 Yes 15 0 1681 6 <1 0-10 >3000 Yes 7 24 2033 9 1-3 10-20 0-3000 No 16 0 1886 10 <1 10-20 >3000 No 16 0 1493 11 <1 10-20 0-3000 No 7 0 1936 13 <1 20-30 >3000 No 11 0 1780 14 1-3 20-30 0-3000 No 8 0 1684 15 1-3 20-30 >3000 No 8 0 1472 16 1-3 30-40 >3000 No 8 0 1943 17 <1 30-40 >3000 No 21 0 1616 18 1-3 30-40 >3000 No 27 0 1662 19 1-3 >40 >3000 Yes 17 10 1814 22 <1 30-40 >3000 No 18 0 1577 23 <1 30-40 >3000 No 11 0 1658 24 <1 >40 >3000 Yes 9 0 1910 25 4 >40 >3000 No 11 0 1767 26 <1 >40 >3000 No 12 0 1703 27 1-3 >40 >3000 No 13 0 1856 - 28 1-3 30-40 >3000 Yes 16 0 1780 29 <1 30-40 >3000 No 16 0 1785 30 1-3 30-40 >3000 Yes 19 0 2031 Determined by staff during field inspection. - 4 - SUMMARY OF RESULTS OF APPLICATION OF MANDATORY ENVIRONMENTAL CRITERIA TO THE 30 POTENTIAL SLUDGE-ASH LANDFILL SITES Four mancatory environmental criteria were applied to the 30 potential landfill sites to determine whether the sites were environmentally suitable. These mandatory criteria were: 1. Surface water : the center of the site is more than 1,000 feet from the nearest lake and 300 feet from the nearest river or stream (does not include intermittent streams or drainageways) . 2 . Hydrogeology: a. The average depth to bedrock is more than 35 feet. b. The site is not directly located within a buried river valley ( recharge areas to bedrock aquifers) . 3 . Subsurface soils : the subsoil texture is predominantly medium to fine ( i .e. , silt, clay, silt loam, clay loam, silty clay) . 4 . Topography: The site does not have major areas of excessively steep slopes , such as the Minnesota River Valley. Any site which did not meet these criteria would be eliminated from further consideration. Staff found that seven sites , 1, 5 , 7 , 8 , 12 , 20 ana 21, did not meet all the mandatory environmental criteria. Site 1 did not meet the criteria for slopes . Approximately two- thirds of the site has slopes starting at 10 percent , ranging to 15 , 20 and as steep as 30 percent in points . Site 2 did not meet the criteria for predominantly medium to fine subsoil textures . A review of well logs from the Minnesota Geolog- ical Survey (MGS) reveal subsurface soils to a depth of 50 feet are an extremely varied mixture of sand , gravel and clay. Sites 7 , 8 and 12 did not meet the criteria for the average depth to bedrock . Based upon well logs from the MGS , all sites had averages less than 35 feet. Sites 20 and 21 did not meet the criteria for slopes . Both sites are located on the bluffs of the Minnesota River Valley which render the construction of a landfill virtually impossible. -5- SUMMARY OF RESULTS OF APPLICATION OF DISCRETIONARY CRITERIA Site Ranking Points No. Location County 1 1,472 15 Eureka Township Dakota 2 1,493 10 City of Lakeville Dakota 3 1,577 22 Dahlgren Township Carver 4 1,616 17 Sand Creek Township Scott 5 1,634 2 Burns/Oak Grove Township Anoka 6 1,658 23 Benton Township Carver 7 1, 662 18 Helena/Belle Plaine Township Scott 8 1,681 4 Forest Lake Township Washington 9 1,684 14 Eureka Township Dakota 10 1, 703 26 Hollywood Township Carver 11 1,723 3 Burns Township Anoka 12 1,767 25 Camden Township Carver 13 1,780 28 Laketown Township Carver 14 1, 780 13 Castle Rock Township Dakota 15 1, 785 29 City of Minnetrista Hennepin 16 1,814 19 Belle Plaine/Blakely Township Scott 17 1,856 27 Waconia Township Carver 18 1, 886 9 City of Lakeville Dakota _ 19 1,910 24 Young America Township Carver 20 1,936 11 Empire Township Dakota 21 1, 943 16 Greenvale Township Dakota 22 2 ,031 29 City of Corcoran Hennepin 23 2 ,033 6 City of Lake Elmo Washington a1 '• . - / , 1" i , .,e J„,;,,..._e___ • . ,._ .,t4z. c_e_ty._ a„,.._.0e ,i a-a e-., - � - i , 1 0x_!. _ii ° " > i _____j4ikcj-e-,e_..ep->--k--4e-c,-/e.-- i .I�'.-u - . / // ' / / r /„ .._.�i _AN/ ..6.0'_-0,..6.0'_-0, .4, • ,,z -,t 7f o & 0. kyr ;1,` e-,- .. - aka C 3 S-- ���oa-yam hue., Z.-waddle _ VL I i • • ' i i EC F. D a} AUG 7 : CITY (Jr K P E 5 • St.Francis Hospital 325 WEST FIFTH AVENUE/SHAKOPEE,MINNESOTA 55379/(612)445-2322 August 13, 1981 Mr. John K. Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear John: Per your request, the following is the progress we have made in acquiring properties in Block 57 and steps we are willing to take to further remedy the parking needs of St. Francis Hospital . Significant progress has been made since the hospital last appreared before the City Council . We have acquired the Pass, Schultz and Meyer parcels and presently own approximately one half of Block 57. The Meyer house has been removed; the Hennen and Moldenhauer homes will be removed by September 1 ; and the Pass and Schultz houses will be razed very soon. Also, we know the County has acquired the Jeurissen parcel and converted it to surface parking. This leaves three unacquired properties in Block 57 which we understand the County is actively working toward acquiring. The Hospital would like and be willing to develop surface park- ing on our 1 of the block in the very near future. We would coordinate our development with the City and County to facilitate the completion of surface parking on the remainder of the block by the County in the future. The only question that needs to be answered before we could develop surface parking is the type of system needed to meet the City's require- ment to curtail runoff on the block. John, we hope this meets those things you wanted us to put in writing. If you need more specifics or need additional information, please contact us. Sincerely, CI:2C iste=es Otteg Executive Director SAO:hme ;PONS 3Y TI FRANCISCAN SISTERS OF ST. PAUL, MN 6a,/ MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator RE : Block' #57 Agreement DATE : August 12 , 1981 Introduction The revised draft of the proposed Block #57 Assessment Agree- ment reviewed by City Council on July 21 , 1981, was presented to the Scott County and St . Francis Hospital approximately two weeks ago . On August 12 , 1981 , I met with representatives of the County and Hospital to review the proposed assessment agreement . Results of the Meeting Very briefly, the County Board has decided that it is "no longer interested" in the proposed agreement because they have ex- panded their present lot to meet present needs and are now nego- tiating to acquire the remaining three properties on their half of the block, two of which "are available" . Similarly, the Hospital is less interested in the proposed agreement because they have, since April , been able to acquire their half of the block and are currently clearing the property for parking. Both parties feel that the objective of City Council to build a parking lot on Block #57 has been nearly reached and that the benefits that would have been provided by such an agreement have been achieved. Benefits of Agreement Status Aid in acquisition through condemnation Only 3 lots remain to be acquired Force construction of parking The hospital will have its half cleared for parking by winter. The County has already put in parking on the parcel it acquired Preserve the opportunity for future de- Still possible under velopment to get the property back on County or Hospital own- the tax rolls ership Both parties stressed that the progress they have made since April when the issue was first addressed has been significant . Both also believe that it was the City Council ' s determination that enabled them to make the , necessary acquisitions and currently evolving park- ing lot additions . Both will also work together cooperatively with the City to select the appropriate drainage plan inthe parking lot . Block #57 Agreement August 12 , 1981 Page 2 b With regard to the specifics of the proposed assessment agree- ment, the County felt they would need considerably more time to react to it , but that' there would be resistance to such an agreement . The Hospital felt that there would have to be work done to preserve some flexibility of action and/or control by the Hospital before such an agreement would be acceptable. Other Considerations It is clear, as it has been from the beginning, that the City cannot acquire the total block without the cooperation of the County because the City cannot condemn county parking lots to build park- ing lots . This situation will continue as the County successfully acquires more property for the express purpose of creating parking. In addition, we are not faced with the legal question of ac- quiring the recently acquired hospital property to build public parking when they have already done so and are clearing the property and putting in parking lots themselves . An attorney ' s would be needed, but we could find that it is very difficult to defend acquisition of parking lots for parking lots should the City be required to accomplished it through condemnation. As with the County, the longer we wait the more complete their private parking facilities will be. Alternatives 1 . Continue to hold to the September 1 , 1981 , deadline for execu- tion of the assessment agreement , and instruct staff to work with both bodies to get the agreement in a form to be signed by all parties . This is an unlikely objective given the County' s position. 2 . Capitalize on the positive effect of the "deadline" and extend it 3-4 months to insure that the parking lot improvements are in fact made . This alternative would be acceptable to both the County and Hospital , is likely to have the desired effect , but compounds the situation(s) discussed above under "other considera- tions". 3. Drop the deadline and the proposed Block #57 Assessment Agree- ment because the objective of creating parking on Block #57 has been substantially achieved and the toughest problem, that of acquisition, now appears solved (only 3 parcels remain) . 4. Enter separate agreements with the Hospital and the County in which each outlines its parking lot development plans and makes a commitment to follow through. Recommendation The Assistant City Attorney and I recommend alternative #2 for the reasons discussed above . Action Requested Motion to set a new deadline for execution of a Block #57 Assessment Agreement for January 1 , 1982 . JKA/jms C b MEMO TO: John Anderson City Administrator .FOM: H. R. Spurrier City Engineer RE: Fuller Street Storm Sewer Lateral DATE: August 14+, 1981 Introduction: The feasibility report for the Fuller Street Storm Sewer Laterals was ordered by Resolution No. 1829 on April 28, 1981. Background: The City Council of the City of Shakopee has determined that a parking lot be established on Block 57, Original Plat of the City of Shakopee. In order to construct a parking lot on Block 57, additional storm sewer laterals are required in order to accommodate run-off developed on-site. In 1980, a major trunk storm sewer was constructed in order to serve laterals which would drain Block 57 and other property in the vicinity of Block 57• Scope: This report has investigated the cost of extending storm sewer facilities to serve Block 57, as well as other property adjacent to Block 57 along Fuller Street between 2nd Avenue and 4th Avenue. Before the feasibility of the project can be established, certain elements of policy required by the City must be discussed and established so that feasibility may be determined. The. storm sewer facilities proposed to serve Block 57 are designed to accommodate the storm which has a 20 percent chance of occurring. It is a so-called "5-year" storm. Discussion: In a memoranda dated December 8, 1980, a preliminary estimate of off- site storm sewer required for the development of Block 57 was prepared. After a detailed study of the storm sewer requirements for Block 57 and adjacent land, a more detailed estimate has been prepared. In 1. Fuller Street Storm Sewer August 14, 1981 Laterals - Feasibility Report Page -2- 6 The detailed study resulted in an estimated cost $22,800.00 less than the original estimate. The amount $86,200.00 still presents funding problems, in as much as the ,City is responsible for one-half of that cost, pursuant to present policy, or $40,650.00. The assessed cost is $47,050.00. The area benefitted by this lateral is along Fuller Street between 5th Avenue and 2nd Avenue and amounts to approximately 292,500 square feet. The resulting rate is approximately 16 cents per square foot. If Block 57 was assessed for its share of the assessed costs, the assessment would be $14,476.92. The unadjusted assessment rate was computed in order to determine the approximate assessment of Block 57. The rate exceeds the amount by which the appraised value of the property is judged to increase as a result of storm sewer facilities. Conclusions: The storm sewer lateral in Fuller Street is judged to be not feasible because the amount by which the value of the property increases as a result of storm sewer facilities is less than the estimated assessed cost to the property. The City must investigate other funding methods for the construction of the Fuller Street Storm Sewer, Holmes Street Laterals and other drainage projects. The City must investigate other alternatives for developing Block 57. Alternatives: 1. Judge the project not feasible and direct City staff to research potential alternatives for funding storm sewer projects which alternatives could be used for the Fuller Street Storm Sewer, Holmes Street Laterals, Upper Valley Drainage and other storm sewer projects proposed for and in the City of Shakopee. 2. Provide on-site detention for developed runoff in the basin negating any need for the Holmes Street Trunk Storm Sewer. 3. Do nothing. Recommendations: It is the recommendation of City staff that Council approve Alternate No. 1. HRS/jiw Attachment: Cost Estimate & Assessment Computations I her e4:y certify that this plan, specification,or report `Aa3 Cr.^,;)z.r•.l : by r110 or under my eirect supervision a;,d t;iat am a duty ^tcred Profession-) Engine-, nder the = • + ne Stas-Rf Minnesota. nor Date .. i , istration No. 13389 6 APPENDIX Cost Estimate and Assessment Computations Storm Sewer Estimate Item Description Quantity Unit Unit Price Total 1 18" RCP 730 L.F. $ 28.00 $ 20,440.00 2 24" RCP 380 L.F. 32.00 12,160.00 3 42" RCP 95 L.F. 61.00 5,795.00 4 Standard Manhole 1 Ea. 900.00 900.00 5 84" Diameter Manhole 1 L.S. 3,000.00 3,000.00 6 L.P. Catch Basin 12 Ea. 900.00 10,800.00 7 Remove Curb and Gutter 995 L.F. 2.00 1,990.00 8 Concrete Curb and Gutter 995 L.F. 6.00 5,970.00 9 Bituminous Patches (2341) 800 S.Y. 4.25 3,400.00 10 Sod 2000 S.Y. 2.00 4,000.00 Subtotal $ 68,455.00 10 Percent Construction Contingency 6,845.00 Subtotal $ 75,300.00 8 Percent Technical Services 6,000.00 Improvement District Cost 6,400.00 TOTAL $ 87,700.00 City Share - One-half $87,700 - 6400 2 = $40,650.00 Assessed Cost: Construction $37,650.00 8 Percent Technical Services 3,000.00 17 Percent Improvment District Cost 6,400.00 Total Assessed Cost $47,050.00 Unadjusted Assessment Rate = Total Assessment Cost $47,RSA_nd Bain Area 292,500 = $0.16o85/sq. Ft. Block 57: 90,000 ($0.16085) = $14,476.92 6 4 'W •: • JLij o 11 N 4th --'4 n - - : - V . ,fr ' 10( J co +� f_ - , c 1 I 15 H3 S> MP_ 1 . I ,. . ._,/ 3rd , I_ i I1 r. `v�`r - ' •sem, ,' : fr) , 4E. , ., C\J . YNO it 7 UJ [ 1 I ~ - I IN ' C/) bra X cr R O 0 of _ of -4 _ i2 ''� _ _ Q1J1 FULLER ST . LATERAL T S ORM SEWER C ( b ) MEMO TO: John K. Anderson , City Administrator FROM: Jeanne Andre, Administrative Assistant RE : Preliminary Cable Ordinance DATE : August 12 , 1981 Attorney Adrian Herbst has forwarded a retyped version of the July 23 , 1981 , preliminary draft ordinance previously presented to the City Council . The previous draft incorporated in rough form the changes approved by the Ad Hoc Cable Communications Committee. The retyped version incorporates those previous rough draft changes , the changes adopted by the City Council at its July 28, 1981 , meeting, and a few changes recommended by Mr. Herbst to improve the language . Mr. Herbst has provided a memo (attached) which outlines the addi- tional changes he has made . I have attached copies of the pages of the ordinance which incorporate the new revisions and have high- lighted the changes . These copies should aid the City Council and Cable Committee in reviewing the changes to assure their concurrence before adoption of the Request for Proposals . JA/jam - 1 'J MEMORANDUM ` 1Cj '3/440Pkt, TO: Chairman and Members Shakopee Ad Hoc Citizen Advisory Committee on Cable Television FROM: Adrian E. Herbst , Committee Attorney DATE: August 11 , 1981 SUBJECT: Final Draft of Preliminary Franchise Ordinance Enclosed you will find a copy of the final draft of the preliminary franchise ordinance which will be included for distribution with the Request for Proposals. The final draft consists of all of the changes previously discussed which were included in the July 23, 1981 draft as well as four other changes that will clarify the document. Language has been added to Section 8 . 11D (5) which clarifies the rate review standard of original cost of the system, less depreciation. :Language has been added to Section 8 . 12 which sets forth the ability of the city to utilize consultant services to assist in evaluation and upgrading procedures if it so desires . Language has been added to Section 9 . 01 to reflect the intent of the city with regard to franchise fees. Finally, language has been substituted in Section 12 . 01 which will clarify the right of the city to purchase the system. AEH:ndr G UtI ( > ctuv,,.r) 1) The ability of Grantee to render System Services and to derive a reasonable profit therefrom under the existing rate schedule and proposed rate schedule; 2) The revenues and profits derived from System services; 3) The efficiency of Grantee; 4) The quality of the service offered by Grantee; 5) A fair rate of return on net-investments (original cost-__lessaccrued — -- ---- depreciation) in no event shall original cost used in determining net investment exceed the proposed construction cost contained in Grantee's offering; 6) A fair rate of return with respect to investments having similar risks to that of providing cable communication services. 7) The extent to which Grantee has adhered to the terms of this Franchise; 8) Fairness to residents and subscribers; 9) Capital expenditures by Grantee in providing updated technology and service to subscribers; 10) Such other factors as City may deem relevant. E. No rate increase request shall be approved until two years after completion of construction of the initial service area. F. The procedures to be followed in changing a rate or charge shall include at least the following: 1) An application for a rate change will be submitted to City and a copy filed with the Board. 2) The application shall be supported by statistical and other proof indicating that the existing rate or charge is inadequate and unreasonable and -28- 4 G 5c L Pa'u ocG, /et Yte'Le, 1G lf -r r intervals of less than five (5) years beginning date of the effective date of acceptance of this Franchise by Grantee. C. All evaluation sessions shall be open to the public and notice of sessions published in the same way as a legal notice. Grantee shall notify its subscribers of all evaluation sessions by announcement on at least two channels of the System between the hours of 7:00 p.m. and 9:00 p.m. for five consecutive days preceding each session. D. To assist in review and evaluation, City may enlist an independent consultant to conduct an analysis of the System and its performance and to submit a report of such analysis to the City. All consultant fees and costs shall be paid by Grantee. i F. Topics which may be discussed at any evaluation session may include, but not be limited to, service rate structures, franchise fee, penalties, free or discounted services, application of new technologies, system performance, services • provided, programming offered, community access, local origination, customer complaipts, privacy, amendments to this Franchise, judicial, Board and FCC ruling, line extension policies and Grantee or City rules. clF. During a review and evaluation by City, Grantee shall fully cooperate with City and shall provide without cost such information and documents as City may request to reaonably perform the service. G. If at any time during its review, City determines that reasonable 1,i F evidence exists of inadequate System performance, it may require Grantee to perform tests and analyses directed toward such suspected inadequacies at the Grantee's own expense. Grantee shall fully cooperate with City in performing such testing and shall prepare results and a report, if requested, within 30 days after notice. The report prepared by Grantee shall include at least: -31- SECTION 9. GENERAL FINANCIAL ANI) INSURANCE PROVISIONS 9.01 Payment to City. A. As compensation for the Franchise to be granted, and in consideration of permission to use the streets and public way of the City for the construction, operation, maintenance and reconstruction of a System within the City, and to defray the costs of franchise regulation, Grantee shall pay to City a franchise fee as legally authorized and beginning at three percent (3%) . B. Payments due City under this provision shall be computed at the end of each calendar year for that calendar year. Payments shall be due and payable no later than thirty (30) days after the dates listed in the previous sentence. Each payment shall be accompanied by a brief report showing the basis for the computation and such other relevant facts as may be required by City. C. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim City may have for further or additional sums payable under the provisions of this permit. All amounts paid shall be subject to audit and recomputation.by City. D. Following the issuance and acceptance of the Franchise, Grantee shall initiate franchise fee payments to City at the minimum amount of $2,500.00 per year payable in annual installments. These payments are to be considered advances of payments due in later years of the Franchise inasmuch as they exceed the actual franchise payments due during any year. 9.02 Security Fund. A. Within thirty (30) days after the effective date of the Franchise, Grantee shall deposit into a bank account, established by City and maintain on deposit through the term of this Franchise, the sum of $10,000.00 as security for the • -35- G SECTION 12. PURCHASE OF SYSTEM 12.01 City's Right to Purchase System. A. City shall be entitled to a right of first refusal of any bona fide offer to purchase the system made to Grantee. Bona fide as used in this section means an offer received by Grantee that it intends to accept. In the event the price shall be current market value or bona fide offer, whichever is less. 12.02 Procedures. In the event City elects to exercise its right to purchase the System as provided in Section, the following shall then apply: A. City and Grantee shall negotiate all terms and conditions of the purchase of the System. B. If City and Grantee cannot agree upon the terms and conditions of the purchase, City shall have the right to proceed to arbitration. Arbitration shall commence and proceed according to applicable Minnesota law except as follows: 1) The parties shall, within fifteen (15) days of City's decision to proceed to arbitration, appoint one arbitrator each who is experienced and kngwledgeable in the purchase and valuation of business property. Arbitrators shall each agree upon the selection of a third arbitrator, similarly qualified, within fifteen (15) days after appointment of second arbitrator. 2) Within thirty (30) days after appointment of all arbitrators and upon ten (10) days written notice to parties, the arbitrators shall commence a hearing on the terms and conditions of the purchase in dispute. 3) The hearing shall be recorded and may be transcribed at the request of either party. All hearing proceedings, debates and deliberations shall be open to the public and at such times and places as contained in the notice or as thereafter publicly stated in the order to adjourn. -44- To: Jean Andre From: Lou Van Hout Re: Construction cost estimate of TV cable along rural roads. Date: 8-13-81 On august 5 you advised me that the City Council had requested some data from me on this matter. The following is in response. With a cautionary note that my experience is not in the cable TV area (and that my estimates are not intended as a rebuttal of previous estimates the Council has had on this question) I will relate some information regarding a recent overhead electric line we have constructed in a rural area. The line is a three phase line, and is as large a line as is usually encountered on distribution circuits. The cost of labor and material for this line came to $ 18,500 per mile. This includes overhead on the labor, and no allowance for overhead for administration. In order to compare this with the cost of installing a TV cable on existing poles, it should be noted that this was an entirely new line, requiring approximately 26 poles per mile, crossarms, insulators (4 per pole) , wire (4 wires) , armor rods, misc. bolts and connectors, etc. If a TV cable was run on existing poles, much of the cost of building a new line is avoided. One potential problem faced by cable TV companies putting their cable on existing poles is having to pay the telephone company for the cost of raising or lowering the telephone wires to allow proper spacing for the TV cable. This will be a serious problem "in town", but should not be so costly out on the rural roads since the majority of our lines in those areas carry electric lines only and have no telephone cables on them to cause the spacing (or clearance) problem. 6c- In short, I feel that the rule-of-thumb cost estimates for cable TV construction may not apply in the case of Shakopee. The costs may be lower than normal in our area due to a) the poles being already in place, and b) the absence of telephone cables in many cases. I hope that the above comments will explain the basis of my views on the cable TV costs in question, and that knowing the reasons behind the views will help in the resolution of the issues under discussion. Anita L. Benda Communications Projects ch.) 1403 Jefferson Avenue Saint Paul, Minnesota 55105 (612) 698-9621 f August 16 , 1981 Ms. Jeanne Andre City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Jeanne: It is my understanding that the Shakopee City Council has requested more information about approaches to providing cable communications service to those areas of the city not included in the initial ser- vice area as presently defined. Background The most recent draft of the Request for Proposals (Draft No. 4) outlines on a map the initial service area - that area within which all residential subscribers will receive service at the same rates. The boundary will be automatically extended to include any other area of the city that reaches an average density of at least 40 homes per street mile. (For example, Hillside Estates , which is located about 1 11 miles from the planned cable distribution system, would need to grow to 60 homes before cable service would be automatically extended to the area. ) The RFP draft states that those outside the initial service area would be served by a line extension policy and that preference will be given to such a policy which "recovers the actual cost of time and materials from persons served by the extension" . This last statement of pre- ference is one that I believe will effectively cut those persons in the line extension area off from having cable service avail- able due to the exorbitant fees involved. To aid members of the Ad Hoc Cable Communications Committee in their deliberations on this matter, I supplied figures that in- dicated the effect of cost to all subscribers if the outlying areas were to be included in the initial service area. There is a cost (approximately $100 ,000) of extending the cable distribution system to pass all of the residents in the outlying areas. The question is who pays the cost? Present policy states a preference for those in the 146 residences located outside the initial service area who want cable services to pay all of the cost. On the opposite side of the coin, the policy might be changed so that the entire city is designated as the initial service area Ms. Jeanne Andre Page 2 August 16 , 1981 and subscribers to cable throughout the city pay all of the cost. You have asked me to explore the middle ground - to list alter- native policies for providing cable service to those in the out- lying areas of the city. Alternative A 1 . Maintain initial service area as it is now; 2 . Require applicants to include in the initial service area any areas which reach an average density of 40 homes per street mile; and 3 . List as a priority provision of service to the identified line extension areas at the lowest cost provided that the residents in those areas pay 30% of the cost of extending lines to their areas . The residents would have to pay $30 ,000 for extending the lines, and the operator could determine how to recover that cost. For example, each resident could pay higher installation fees, and higher monthly service rates on extended service contracts. (A $200 installation fee, plus $5 per month more than others for monthly service under a five year contract. ) Alternative B 1 . and 2 . above; and 3 . List as a priority provision of service to the identified line extension areas at the lowest cost provided that the residents pay in proportion to their proximity to the initial service area and that they pay 30% of the cost of extending lines to their areas. The city could designate Montecito Heights as Zone 1 with one set of rates, Eaglewood as Zone 3 with another set of rates, and all the rest as Zone 2 , with a different set of rates. Alternative C 1 . Expand the initial service area to include those areas out to Mara ' s Addition to the East and Deerview Addition to the South; 2. No. 2 above; and 3 . List as a priority provision of service to the re- maining identified line extension area at the lowest cost provided that the area' s residents pay part of the cost of extending the line . Ms. Jeanne Andre Page 3 August 16 , 1981 This option would draw the line focus to limit the impact of the cost to all subscribers to a 4% increase in the total monthly revenue needed per subscriber (for basic and pay services, in- stallations, etc. ) . Alternative D 1 . Maintain initial service area as it is now; 2 . No. 2 above; and 3. List as a priority provision of service to the identified line extension areas at the lowest cost. This option leaves the allocation of costs in the hands of the applicants , but does not provide much guidance to them in develop- ing their policies. Alternative E 1. Maintain present policies; and 2 . State the expectation that those areas on the eastern part of the city will be served by the system that will be franchised by Prior Lake and that the City of Shakopee will endeavor to cooperate with Prior Lake in a second franchising procedure for that purpose. Because five of the identified line extension areas are closer to the density of population on the north side of Prior Lake, lines extended from a system serving that area might be less costly. The City of Shakopee would need to convince Prior Lake authorities to have their subscribers pay some of the costs of extending service to the Shakopee areas and to provide for inter- connection of local channels of the Shakopee system. Alternative F 1 . Maintain present policies; and 2 . State the city' s intent to reconsider the line ex- tension issue within a certain time (after construction of the initial service area is completed, in the fifth year of the franchise, etc. ) and to possibly allow a rate increase at that time so that service could be extended to the areas . 6 � 4, Ms. Jeanne Andre Page 4 August 16 , 1981 This policy would delay the issue until more experience is gained from subscriber demand for cable service in Shakopee. However, a rate increase to pay the costs of line extension may be less palatable to subscribers than having it reflected in the original capital costs and initial rates. Alternative G 1. Include all industrial and commercial areas in initial service area. Industrial and commercial areas may be served by a separate cable- the institutional network; consequently, this alternative may or may not insure that cable serving subscribers will pass the identi- fied line extension areas. Further, there is less experience with the demand for cable in industrial and commercial areas than with residential subscribers. Whether commerical and industrial rates could cover the cost of extending cable to these areas is not known. Correction In an earlier memorandum to you, I suggested that AML microwave may be an alternative means of supplying the identified line extension areas with service. However, after checking with equipment suppliers , I find that microwave would be an even more costly method of providing service than cable. I look forward to meeting with the council and committee August 18 to discuss these methods further. Very truly yours, eZI1.4.44 6164/404._ Anita Benda AB: j Attachment 1 6 C- Following are the calculations of the effect of serving the line extension areas on the total monthly revenue needed per subscriber (for basic and pay service , installation, etc. ) . Assuming 50% penetration and using the base of $29 . 69 revenue needed per subscriber per month : Cumulative Percentage Cost Add-On Increase Montecito Heights $. 24 . 8% Zoschke/Horizon Hgts . . 48 1 . 6% Riverview .50 1 . 6% CR89 . 49 1 . 6% Maras . 59 2. 0% Hillside Estates . 53 1 . 7% Timber Trails . 56 1 . 9% Deerview . 58 2 . 0% Eaglewood 1 . 16 3 . 9% To give you an idea of how the figure for total monthly revenue needed per subscriber relates to monthly service rates, the following is provided: Total Monthly Revenue Monthly Service Rate Initial Monthly Application Needed Per Subscriber As Calculated by Service Rate Consultant Proposed by Applicant Columbia Heights/Hilltop $24 . 59 $9. 84 $7. 95 Southwest Suburbs A $24 . 91 $11. 71 $8. 45 B $25 .51 $12 . 12 $7. 45 C $28. 30 $10 . 55 $7 . 95 AB 8/16/81 6C,1 MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Administrative Assistant RE : Adoption of Request for Proposals (RFP) for Cable Communications DATE: Autust 14, 1981 The City Council has continued the public hearing to adopt RFP for a Cable Communications System in Shakopee until its August 18, 1981 meeting. After further comments from the public and the cable communications consultant, the City Council should undertake the following actions : 1 . Move individual changes to RFP desired by City Council after policy discussion at its August 18th meeting. 2 . a. Either: The RFP is to be adopted as it exists at the start of the meeting, or with minor changes , in which case the Council should : -- Move to adopt July 23 , 1981 preliminary draft RFP with changes to ordinance (Section VII) as outlined by Adrian Herbst in August 10, 1981 , draft; changes in RFP adopted by City Council in July 28 and August 18, 1981 meetings ; and changes in forms (Section VI) to be designed by Consultant Anita Benda in line with above-listed changes . -- Move to close the public hearing. b. Or: substantial changes are requested, in which case the Council should : -- Request staff to make requested revisions and bring back to the Council for final adoption -- Continue public hearing until September 1 , 1981 , at 8 :00 P .M. JA/jms SP MEMO TO: John Anderson City Administrator FROM: H. R. Spurrie - ' '( City Engineer ` J EE: VIP Interceptor DATE: August 17, 1981 Introduction: At the public hearing for the assessment of the above-referenced project, an additional alternative assessment method was proposed and is noted in the attachment as Method 6-A and 6-B. Additionally, staff was directed to meet with Mr. Gene Goemer and Mr. John Nelson regarding an alternative assessment for those two properties. Background: City staff has recomputed the unit assessments for Method 6-A and 6-B. Those computations are summarized in the attachment. That attachment may be compared to the July 17, 1981 memoranda to John Anderson regarding the assessment of the above-referenced project. The net affect is a $178.00 per acre increase in Area "A", according to the assessment map for Method 6-A and an increase of $82.00 in Area "A", "B" and "C" for Method 6-B. To reiterate, the principal difference between 6-A and 6-B is that one assesses the interceptor area where service is provided and the later assesses property that does not yet have surgace and ie, likely to have non-assessable front footage. It was the staff recommendation that the non-assessable front feet be allocated to an area no greater than Area "A". City staff has met with Mr. Gene Goemer and Mr. John Nelson regarding adjustments to the assessments as proposed in the original assessment roll. It is proposed that the Goemer property be assessed for one residential frontage of 110 front feet. The resulting adjustment, based on Method 6-A, is an assessment of $3,509.94, as noted in the attachment. Staff discussed a similar adjustment with Mr. John Nelson. However, Mr. Nelson was unwilling to accept such a revision maintaining that the City had not yet proven that it was feasible to serve his property on Hauer Trail. John Anderson August 17, 1981 VIP Interceptor Page -2- City staff asked Mr. Nelson to supply certification from a master plumber that the construction of such a service was not pra,.tical nor, feasible for his parcel and further, that City staff would solicit proposals from area contractors in order to determine the cost of constructing a service line for Mr. Nelson's property. A supplemental report regarding Mr. Nelson 's : ervice line will be on the table August 18, 1981. In order to satisfy the requirements of law, the as.;essment roll must be in Y,A final form to be approved by Council. Therefore, the action that will be recommended will be an action to approve the formulas used in the computation of the VIP assessment. The final roll will be presented to Council for action August 25, 1981. Recommendation: It is the recommendation of City staff that: 1. The property of Gene Goemer be asses:,ed pursuant to summary report attached to this memo. 2. That City Council adopt assessment Alternative 6-A, an alternative which assesses non-asses;:;able front foot cost to the interceptor area east of County Road 17. 3. That City staff be directed to prepare an .assessment roll for the assessing resolution for the VIP Interceptor Sewer for the August 25, 1981 meeting. HRS/j iw Attachment I • • I TABLE 1 ASSESSMENT EQUATIONS ' Special Alternate Interceptor Interceptor Trunk Lateral 1 IC TC LC A+B+C A FF 2 IC NA1.TC + TO LC-NAFFC A+B+C A FF 3 IC + NAFFC TC LC-NAFFC A+B+C A FF 4 IC + TC LC A+B+C FF 5 IC TO LC A+B+C 0 FF 6 IC - IRC TC - TRC LC + IRC + TRC A+B+C D FF 6A IC - IRC NAFFC TO - TRC LC + IRC + TRC - NAFFC A+B+C A D FF 6B IC - IRC + NAFFC TC - TRC LC + IRC + TRC - NAFFC A+B+C D FF Variable Description and Amounts Original Revised Proposal IC Interceptor Cost $197,856.98 $197,856.98 TC Trunk Cost 140,152.50 140,152.50 LC Lateral Cost 541,903.17 541,903.17 NAFFC Non-Assessable Front Foot Cost 146,405.31 135,251.86 IRC Interceptor Right-of-way Cost 19,150.63 19,150.63 TRC Trunk Right-of-way Cost 13,565.40 13,565.40 A 1980-85 Service Area 821.3703 Acre 827.6883 Acre B 1985-90 Service Area 342.9128 Acre 338.0055 Acre C Future Service Area, Presently Non-Assessable 610.0000 Acre 610.0000 Acre D 800 Foot Service Area 374.3089 Acre 388.2300 Acre FF Adjusted Front Footage 14,964.00 Feet 15,386.00 Feet t Average Assessable Front 'oot,%ge Ratio Sanitary ;-war Sanitary Sewer Actu<,.L FOt,.t,• ,_ Assessable Footage Eastview 1st Addition 2,052 4,140 Minnesota Valley 1st Addition 1 ,708 2,615 Minnesota Valley 2nd Addition 1 ,745 2,837 Minnesota Valley 3rd Addition 2,60 4 ,442 Prairie View 3rd Addition 2,698 41608 ,' Total 11.,69! :Feet 18,642 Feet Assessable Footage i8,642 Actual Footage 11,691 = L'591_}� Non-Assessable Front Fuot Calculation VIP Pipe Length x Ratio 12,858 x 1.5946 = 20,503.37 Adjusted :'ront H-:.et Lateral Cost $541,903• L7 __ Adjusted Front Footage (AFF) 20,503.37 �' +2995615/F'.F. (Cost/F.F. ) AFF - Assessable Front Feet 20,503.37 - 14,964 = 5,539.37 Non-assessab1, Front Footage (NAFF) NAFF x Cost/F.F. 5,539.37 x $26.4299561.5/F.F. = $146,405.;,1 'Nuri-Assessable Front Foot Cost (NAFFC) TABLE RATE SUMMARY METHOD 6A METHOD 6B Area A Ares C Area A Area B & C Interceptor $100.27108549/Ac. $100.27108549/Ac. $182.7862754/Ac. $182.786275 4/Ac. Special Interceptor $178.2452/Ac. Trunk $338.1888595/Ac. $338.1888595/Ac. Subtotal $616.7051449/Ac. $520.9751349/Ac. Lateral $ 26.42995615/F.F. $ 26.42995615/F.F. Typical Assessment Fur Single Family Dwelling In Area A on 0.5AC. With 110 Front Feet METHOD 6A METHOD 6B 0.5 Ac. x $616.7051449/Ac. = $ 308.35 0.5 Ac. x $520.9751349/Ac. = $ 260.49 110 FF x $26.42995615/F.F. = 2,907,30 77.0 PF x $26.42995615/F.F. = 2,907.30 $3,215.65 53167.79 Pa Assessment i;e. ._, ( r r Residential Lor,:: in METHOD 6A METHOD 6D Gene Goeme L' ,.tH_ i; mer 0.9772 Ac. x $616,705.1449/Ac. _ 077 r,c. x $520.9751349/Ac. = $ 00 C,�E $ 50 110 F.F. x $26.429956.1 j/1�'.F. = 1 .0 (�'. i'. x $26.42995615/F.F. = 9.10 2.,907.30 2,907.30 $3,509.94 $3,416.40 METHOD 6A METHOD 6B John Nelson ,i„tin Nelson 1.312 Ac. x $616.7051449/Ac. = 7 .312 Ac. x $520.9751349/Ac. = $ 809.12 $ 683.52 110 F.F. x $26.42995615/F.F. = 110 F.F. x $26.42995615/F.F. = 2,907.30 2,907.30 $3,716.42 $3,590.82 6 4 MEMO TO: John K. Anderson, City Administrator FROM: H. R . Spurrier, City Engineer RE: VIP 'Interceptor 81-1 DATE: August 18 , 1981 The matter of the John Nelson service has been investigated by staff. There are first three definitions required to discuss the Nelson service . a . feasible - capable of being done b. practical - capable of being put to use c . reasonable - not extreme or excessive What I hope is clear is that the drawing illustrates the service line construction is feasible and practical irrespective of Joseph M. Sand , Jr. ' s statement . The drawing clearly indicates it is both feasible and practical since it conforms in every way to the state plumbing code . Pursuant to my discussion with Construction Co. the project is feasible and they have the equipment to do it . Council must decide if it is reasonable . It is expensive, but any way the property is served it is expensive . I judge it is reasonable compared to the front yard alternative . Recommendation: It is the recommendation of city staff that the property of John and Melba Nelson be assessed in accordance with the recommendations contained in the memo dated August 17 , 1981 from the City Engineer on the VIP Sanitary Sewer Interceptor. HRS/jsc i . _. i ' , 10I , CV 17:::7171:71> / \ 'C •74 ) Ott: ` VJ.) -,- ,.,2,Z 6 __,__ 6,_41:2,, „,,,.."---...<- ---Vii-' Additional Additional cost of construction Northwest Hillside location Dragline Mobilization $800.00 8 hrs @ $100.00 800.00 100 ' pipe @ $5 . 31 531 .00 35 ' pipe @ $7 . 25 253 . 75 Tap 175 .00 Pump and Fill Tank 75 .00 120 s .y. restoration @$3.00 360. 00 Total $2994 . 75 Southeast Location 245 ' pipe @ $7 . 25 1776 . 25 Tap 75 .00 Pump and fill tank 75 ,00 270 s .y. restoration 0$3 .00 810.00 Total $2736 . 25 11 S. T1. W & Son excavating P. 0. BOX 142 SHAKOPEE, MINNESOTA 55379 445 7004 445-7565 John and Melba Nelson 3043 Mauer Trail Shakopee, Minnesota 55379 It is my opinion that it is not practical to hook up your• House to sewer due to the expense involved because of the elevation of the hill. I find it difficult to hook up to the new VIP wine unless Mr. Nelson would bo with the drop manhole system and as the City is well aware of the cost involved. I ot SSOCIATED CONTRACTORS , INC . //MECHANICAL 100 NORTH MARKET SHAKOPEE. MN 55370 PHONE 445 5100 August 14 , 1981 John and Melba Nelson 3043 Hauer Trail Shakopee , MN 55379 Dear John; I looked at your home on Hauer Trail regarding sewer hook up. We feel it is not feasible or practical to hook up because of the pitch we would have on your sewer. The problem is -- with the amount of pitch for the sewer line, the waste water would leave the solid waste in the line which will cause plugging of sewer . I would recommend not hooking up. I feel that without a warranty this could cause you a lot of problems in the future . Sincerely, ASSOCIATED MECHANICAL CONTRACTORS, INC. / ;> ' Joseph M. Sand, Jr. JMS/gep • June 28, 1981 City Council and Mayor City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear City Council and Mayor: This letter is in response to the notice of hearing that was held on the proposed public project 81-2 on Bluff Street. My uncle, Joseph J. Kopp, deceased in March on 1981, owned Lot 1, Block 17 and Dakota Street vacated between Lot 1, Block 17 and Lot 6, Block "A". This property i.s now in an estate and I have been appointed by Probate Court as the Personal Represent- ative of that estate. As a result of this appointment I have a responsibility to the heirs to protect whatever assets Mr. Kopp held. This property has a very low market value now and the estimates of the project which I was given ($4,00o per lot with an additional $3,300 for hook-up) seemed very high for that property. I therefore spoke with Mr. John Anderson and have also met with Mr. Houser and Mr. Spurrier. We looked at the property mentioned above and agreed that the land north of the 30 foot setback is in the 100 year flood- way. We have also agreed that the assessment would not increase the value of the property as the lots are unbuildable. This prop- erty is, at present, also zoned multiple family dwelling and the lots no not even meet the size requirement for a sinble family dwelling. I am therefore requesting, as representative of this estate, that this assessment not be levied on this property as it will not in- crease the value of the property. I would respectfully request the city council or a representative of same to inform me as to your decision in this matter. Very truly yours, Mary un Rein, Personal Representative Estate of Joseph J. Kopp 1007 Pierce Street Shakopee, Nn. 55379 CC: B. Spurrier CC: J. Anderson CC: Gary Thompson, Probate Attorney MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier ' I City Engineer RE: Bluff Avenue Improvemc t No. 81-2 Halo 2nd Addition Improvement No. 80-10 DATE: August 18 , 1981 Introduction: The City of Shakopee received bids for the above-referenced projects on August 17, 1981. Staff is prepared to make recommendations regarding the award of contracts to the apparent low bidder for the work. Background: The apparent low bidder for the work was Parrott Construction Company , 2047 Eagle Creek Blvd. , Shakopee , Minnesota 55379. This firm has successfully completed numerous projects in the City of Shakopee and is qualified to perform this work. The City is in receipt of a letter from Mrs . Mary Susan Rein, personal representative of the Estate of Joseph J. Kopp, owner of Lot 1, Block 17, Plat of East Shakopee . In the letter dated June 28, 1981, Mrs . Rein indicated that due to the setback restrictions along Bluff Avenue , the lot would be unbuildable and, therefore, not benefitted by any improvement along Bluff Avenue. Staff identified approximately 450 feet of frontage that had a similar problem. In order to make the lots buildable , it would be necessary to vary from the present setback requirement . The setback requirements is 30 feet . Further investigation of the matter by City Planner, Don Steger, indicates that in Section 11. 03, Subd. 7 , Paragraph S, normal setback requirements may be waived and the average set- back of adjacent property used. In the case of property along Bluff Avenue, the present setback of dwellings varies from 8 to 25 feet . Therefore, it appears that there is sufficient latitude for variance from front yard setback to make all of the land along Bluff Avenue buildable and assessable. Recommendations: Council offer Resolution No . 1897 , A Resolution Accepting Bids Un Halo 2nd Addition Improvement Project No. 80-10 and Bluff Avenue Improvements Project No. 81-2, and move for its adoption. HRS/j 1w Attachment RESOLUTION NO. 1_ P7 A Resolution Aceeptis g Lids On . Halo 2nd Addition Improvements Improvement No . 80- 10 and Bluff Avenue Imp ,,•✓ementz Improvement, No . �' ! WHEREAS , pursuant to arve rt. n for bid for the Halo 2nd . Addition improvements and the BPiff Avenue Improvements , bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement : Parrott Construction, Inc . $171,701. 50 Nodland Associates 209, 907 . 00 Brown & Cris, Inc . 210 ,055 . 69 AND, WHEREAS, it appears that Parrott Construction, Inc . , 2047 Eagle Creek Blvd.-, Shakopee, Minnesota 55379 , is the lowest responsible bidder for the above-referenced work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Parrott Construction, Inc . , 2047 Eagle Creek Blvd . , Shakopee , Minnesota 55379, in the name of the City of Shakopee for the improvement of Halo 2nd Addition improvement No . 80-10 and Bluff Avenue improvement No . 81-2 by roadway , curb and gutter, sidewalk, sanitary sewer, storm sewer and watermain 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: Appro ,,,, i as to form this day of ---- - City Clerk , 19 81. ---- — — CityAttorney 4 *),2 MEMO TO: John Anderson • City Administrator FROM: H. R. Spurrier ' (5 7 City Engineer / RE: Improvement of Bluff Avenue - Dakota Street to Halo 1st Addition DATE: August 14, 1981 Introduction: The City of Shakopee will receive bids for the construction of sanitary sewer and watermain in Bluff Avenue between Dakota Street and Halo 1st Addition and the other improvements required for Halo 2nd Addition on August 17, 1981. Background: City staff will tabulate bids and send the tabulation to the Shakopee Public Utilities Commission for review and approval for award of the contracts scheduled for August 18, 1981. Since the project was ordered June 9, 1981, an assessment problem has become apparent. Property along the north side of Bluff Avenue is caught between the 100-year flood plain and the north right-of-way of Bluff Avenue. There is space for construction of the structures permitted by the zoning provided the front yard setback requirements are waived. Should waiver ak variance from the setback requirements along Bluff not be granted, there is a significant increase in the estimated assessment. That increase is shown in Table 1 below: TABLE 1 Watermain Assessment Original Estimated Revised Estimated Zoning Frontage Assessment Change Assessment R-3 50' $1,636.62 $594.03 $2,230.65 R-3 60' 1,963.94 712.84 2,676.78 B-1 50' 1,819.95 660.57 2,480.52 B-1 60' 2,183.94 792.69 2,976.63 Sanitary Sewer Assessment R-3, B-1 50' $1,620.55 $588.20 $2,208.75 R-3, B-1 60' 1,944.66 705.84 2,650.50 Improvement of Bluff Avenue - August 14, 1981 Dakota Street to Halo 1st Addition Page -2- Alternatives: The actual prices bid for the work along Bluff Avenue could be considerably less than the amount estimated in the feasibility report and in the event the bids would be 36 percent below the estimate, the project would be feasible without further analysis and without a decision at this point on whether a blanket variance ought to be granted north of Bluff Avenue. In the event the revised estimated assessment based on the actual bid cost exceeds the increased value, City staff will recommend holding a public hearing on the assessment prior to award of the contract. The appropriate resolution or resolutions will be on the table Tuesday, August 18th. Schedule 1 of the project provides for the completion of public facilities for Halo 2nd Addition and it is recommended that Schedule 1 be awarded to the apparent low bidder and Schedule 2 not be awarded until after the public hearing, should that be necessary. Reconmrendation: It is the reconuneruiatiou of City staff that Council award Schedule 1 to the apparent low bidder and that staff prepare recommendations on whether to award Schedule 2 prior to an assessment hearing or after the assessment hearing. Such recommendation will be in supplemental materials on the table August 18, 1981. HRS/jiw •J1.LIu .A. 0IT.T,ER, n JULIUS A.COLLER ATTOIt\LY AT I.A 612-445-1244 1859-1940 2 1 1 WEST FIRST AVENUI P583-t9 %%A' •:L .:4r August 3, 1981 AUG la 1981 CITY C ,,, .;A QF ET,, Mr. John K. Anderson City Administrator Shakopee City Hall 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: You asked for a memo reporting on how the City can place the City-Milwaukee Railroad ditch maintenance agreement on record in the Office of the Register of Deeds and/or Registrar of Titles, Scott County, Minnesota, so that all affected property owners would be put on notice as to its existence. When I wrote my memo on this drainage ditch matter on March 20, 1981, I did not know of the existence of the agreement between the Milwaukee Road and the City of Shakopee dated May 27, 1979 whereby the City assumed all the responsibility of cleaning and maintaining the two storm sewer outlets and surge basins on the Milwaukee Road Right-of-way. This agreement not only nullifies my previous memo but places the full maintenance responsibility on the City with no obligation on the property owners in the area whatever. This being the case, why should the property owners be notified? It would serve no purpose. Even if this agree ent was in recordatle form, it would in no way change the situation after/reco$ded. If the City now wants to shift the financial burden entailed in the mainten- ance of the ditches and surge basins to the land in the area, the most feasible way would be to create and establish a storm sewer improvement district as authorized by MSA 44+.016 to 444.21 to be financed by a eistrict-wide tax. Should the City desire to proceed the study should be directed to determine the area to be included within the district and the district would then be created and established by tae passage of an Ordinances but before passing such an Ordinance a public haaring would have to be held. Immed;.ate costs, of course, could be handled through a bond issue which would be ret:_red by monies raised by taxes on the properties within the drainage area. Very trul yours,,., Julius A. Coller, II City Attorney JAC/nh MEMO TO: John Anderson City Administrator FROM: Don Steger City Planner RE: Nor-Dean 1st Addition - Prelminary and Final Plat Approval DATE: August 14, 1981 At the August 13, 1981 meeting, the Planning Commission unanimously recommended approval of the Preliminary and Final Plat of Nor-Dean 1st Addition, subject to conditions. The staff's case report to the Planning Commission is attached. Recommended Action: Staff recommends: 1. Council move to approve the Preliminary Plat of Nor-Dean 1st Addition; and 2. Council adopt Resolution No. 1895, A Resolution Approving The Final Plat of Nor-Dean 1st Addition. DS/jiw Attachment: Resolution No. 1895 Case Report 4 6 ' � DATE: August 13, 1981 CASE: PC 81-23P ITEM: Preliminary and Final Plat of Nor-Dean 1st Addition APPLICANT: Nor-Dean Enterprises (Dean Morlock) LOCATION: 1522-1528 East 10th Avenue ZONING: R-2, Urban Residential LAND USE: Duplex (Twin Home) APPLICABLE REGULATIONS: Section 11.26; Chapter 12 Subdivision Ordinance PUBLIC MEETING CASE HEARD BY PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL Proposal: The applicant is requesting preliminary and final approval of a two-lot subdivision. This plat, which is a replat of a lot in the ten-year old Scenic Heights 3rd Addition, is being requested in order to split an existing duplex. Considerations: 1. The plat intends to split the duplex in half (common wall) and also split the property to enable the sale of each unit. The two proposed lots meet all zoning requirements (i.e. lot size and setbacks). 2. The original ten-foot drainage and utility easement along the west property line of Lot 1 is not indicated. This easement must be included on the hardshell prior to signature and recording. 3. The utilities are separate to each unit, however, the water and sewer service extends to Ramsey Street, across Lot 2. An easement must be granted to Lot 1 for service maintenance and a maintenance agreement must be provided. 4. The applicant's attorney is drafting agreements regarding exterior maintenance. This agreement must be submitted to City staff for review and approval prior to recording the subdivision with the County Recorder. 5. The signature block is in error. The "City Administrator" signature line must be changed to "City Clerk". Staff Recommendations: Staff recommends Preliminary and Final plat approval subject to the following conditions: •111 w 7 � Planning Commission August 13, 1981 Case No. 81-23P Page -2- 1. The ten-foot drainage and utility easement along the west property line of Lot 1 be included in the hardshell. 2. An easement for water and sewer service be granted to Lot 1 and a maintenance agreement be provided prior to recording the plat. 3. The agreement covering exterior maintenance be submitted to City staff for review and approval prier to recording the plat. 4. The signature block be corrected to conform with the Subdivision Regulations of Shakopee City Code. Planning Commission Action: Recommended Council adoption of Preliminary and Final Plat of Nor-Dean 1st Addition, subject to the above four listed conditions. City Council Action: • City Council Action: DS/jiw a•-• RESOLUTIONNO. 1895 A Resolution Approving The Final Plat Of Nor-Dean 1st Addition WHEREAS, the Planning Commission of the City of Shakopee on August 13, 1981 approved the Final Plat of Nor-Dean 1st Addition and has recommended its adoption; and WHEREAS, a notice of a meeting was published and all persons appearing at the meeting have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Nor-Dean 1st Addition, described as Lot 14, Block 2, Scenic Heights 3rd Addition, Scott County, Minnesota be, and the same hereby is approved and adopted with the requirements that: 1. The ten-foot drainage and utility easement along the west property line of Lot 1 be included in the hardshell; 2. An easement for water and sewer service be granted to Lot 1 and a maintenance agreement be provided prior to recording the plat; 3. The agreement covering exterior maintenance be submitted to City staff for review and approval prior to recording the plat; 4. The signature block be corrected to conform with the Subdivision Regulations of Shakopee City Code. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved plat. 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: 71) MEMO TO: John Anderson City Administrator FEOM: Don Steger City Planner RE: Nor-Dean 2nd Addition DATE: August 11 , 1981 At the August 13, 1981 meeting, the Planning Commission unanimously approved the Preliminary and Final plat of Nor-Dean 2nd Addition with four conditions. The staff's case report to the Planning Commission is attached. Recommended Action: Staff recommends that Council: 1. Move to approve the Preliminary Plat of Nor-Dean 2nd Addition; and 2. Adopt Resolution No. 1896, A Resolution Approving The Final Plat Of Nor-Dean 2nd Addition DS/jiw Attachments DATE: August 13, 1981 CASE: PC 81-24P ITEM: Preliminary and Final Plat of Nor-Dean 2nd Addition APPLICANT: Nor-Dean Enterprises (Dean Morlock) LOCATION: 1064-1076 Sibley Street ZONING: R-2, Urban Residential LAND USE: Duplex (Twin home) APPLICABLE REGULATIONS: Section 11.26; Chapter 12 Subdivision Ordinance PUBLIC MELT I NG CASE HEARD BY PLANNING COPM4ISSION RECOMMENDATION TO CITY COUNCIL Proposal: The applicant is requesting preliminary and final approval of a two-lot subdivision. This plat, which is a replat of a lot in the ten-year old Scenic Heights 3rd Addition, is being requested in order to split an existing duplex. Considerations: 1. The plat intends to split the duplex in half (common wall) and also split the property to enable the sale of each unit. The two proposed lots meet all zoning requirements (i.e. lot size and setbacks) . 2. The applicant's attorney is drafting agreements regarding exterior maintenance. This agreement must be submitted to City staff for review and approval prior to recording the subdivision with the County Recorder. 3. The signature block is in error. The "City Administrator" signature line must be changed to "City Clerk". 4. The sidewalk and electrical utilities along County Road 17 (west property line of both proposed lots) must be provided for in an easement. 5. Water and sewer utilities are separate to each unit, however, the City Engineer has indicated that these services may cross Lot 1 to Sibley Street. An easement or perpetual permission must extend between Lot 1 and Lot 2 for service line maintenance and reconstruction, and a maintenance agreement must be provided. Staff Recommendations: Staff recommends preliminary and final approval subject to the following conditions: Planning Commission August 13, 1981 Case No. : PC 81-24F Page -2- 1. The agreement covering exterior maintenance be submitted to City staff for review and approval prior to recording the plat. 2. The signature block be corrected to conform with the Shakopee Subdivision Regulations. 3. An easement for the sidewalk and utilities along the west property lines of the lots be included on the hardshell. 4. An easement for water and sewer service be provided between Lot 1 and Lot 2 and a maintenance agreement be provided prior to recording the plat. Planning Commission Action: Approved plat and recommended adoption of Preliminary and Final Plat of !' Nor-Dean 2nd Addition subject to above-listed four conditions. City Council Action: DS/jiw RESOLUTION NO. 1896 A Resolution Approving The Final Plat Of Nor-Dean 2nd Addition WHEREAS, the Planning Commission of the City of Shakopee on August 13, 1981 approved the Final Plat of Nor-Dean 2nd Addition and has recommended its adoption; and WHEREAS, a notice of a meeting was published and all persons appearing at the meeting have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Nor-Dean 2nd Addition, described as Lot 7, Block 1, Scenic Heights 3rd Addition, Scott County, Minnesota be, and the same hereby is approved and adopted with the requirements that: 1. The agreement covering exterior maintenance be submitted to the City staff for review and approval prior to recording the plat; 2. The signature block be corrected to conform with the Shakopee Subdivision Regulations; 3. An easement for the sidewalk and utilities along the west property lines of the lots be included on the hardshell; 4. An easement for water and sewer service be provided between Lot 1 and Lot 2 and a maintenance agreement be provided prior to recording the plat. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved plat. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1981. of pit„ kit,, ATTE,F Kt/ MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Ordinance No. 71 DATE: August 14, 1981 Background Staff was directed to prepare an ordinance increasing the bond requirements for On Sale and Off Sale Liquor Licenses . Mr. Coller has prepared the attached ordinance for Council considera- tion. Action Offer Ordinance No. 71 , An Ordinance of the City of Shakopee , Minnesota , amending Shakopee City Code Chapter 5 entitled "Liquor, Beer and Wine Licensing and Regulation" by increasing the amount of surety bond for such licenses as required by Section 5 . 32 Subd. 6 and adopting by reference Shakopee City Code Chapter 1 and Section 5 . 99, and move its adoption. JSC/jms - ORDINANCE NO. 71 FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SHAKOPEE CITY CODE CHAPTER 5 ENTITLED "LIQUOR, BEER AND WINE DCENSING AND REGULATION" BY INCREASING THE AMOUNT OF SURETY BOND FOR SUCH LICENSES AS REQUIRED BY SECTION 5.32 Subd. 6 AND ADOPTING BY REFERENCE SHAKOPEE CITY CODE CHAPTER 1 and SECTION 5.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: REPEAL Second sentence of said 6 of Section 5.32, Chapter 5, which provides that "Every application shall be accompanied by a surety bond in the amount of $1,000.00 for an off-sale license and $3,000.00 for an on-sale license." is hereby repealed. SECTION II Shakopee City Code, Chapter 5, Sec 5.32 Subd. 6 Amended Shakopee City Code, Chapter 5, Section 5.32 Subd. 6 is amended by adding the following provisions: "Every application shall be accompanied by a surety bond in the amount of $5,000. 00 for an off-sale license and $5,000.00 for an on-sale license." SECTION III Adopted by reference The general provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 5.99 entitled "Violations a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION IV When in force and effect After the adoption, signing and attestation of this Ordinance it shall be published once in the official newspaper of the City of Shakopee and it shall be in full force and effect on and after the date 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 Administrator Prepared and approved as to form this 3r44-4ay ofgust, 1981. Ju CWS A. Coller, II City Attorne MEMO TO: John K. Anderson , City Administrator FROM: Judith S. Cox, City Clerk RE: Ordinance No . 72 DATE: August 14, 1981 Background Staff was directed to prepare an ordinance amending the Zoning Ordinance to provide for the filing of a bond and bringing structure up to code within six months after it is moved in . Mr. Coller has prepared the attached ordinance for Council consideration. Action Offer Ordinance No. 72 , An Ordinance of the City of Shakopee , Minnesota , amending Shakopee City Code Chapter 11 entitled "Land Use Regulation" by repealing paragraphs D and F of Subd . 9 Sec 11 .05 and adopting new paragraph D and F Subd. 9 Sec 11 .05 as herein setout and adopting by reference Shakopee City Code Chapter 1 and Section 11 . 99, and moved its adoption. JSC/jms 1 I- -? ORDINANCE NO. 72_ r FOURTH SERIES SHAKOPEE,F SHAKOPEE CITY AN CHAPTERORDINANCE 11OTHE "LAND EREGULATIO0" BY REPEALING PARAGRAPHS CODEAO D AND F OF SUED. 9 SEC 11.05 AND OINBYNRF.FERENCEASHAI�OPEE CITYBDODE . 9 SEC 11.05 a's HEREIN SETOUT AND ADOPTING CHAPTER 1 and SECTION 11.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECT_ION I__REPEAL Paragraphs D and F of Surd 9 Sec 11.05 are hereby repealed. SECTION II: Sha__ kopee Cit Code Sec 11.05, Subd 9 is hereby amended by adding the following par15 a D. The dwelling unit must meet all requirements of the building code thin six (6) months after it is moved. A bond shall be required equal in amount within to the cost necessary to abate any deficiencies that might exist as determined y i the Planning Commission or City Administrator. F. Structures other than dwelling units must meet the following minimum standards: months 1. Meet all requirements of the Building code within six (6) after it is moved. A bond shall be required equal in amount to the cost necessary r to abate deficiencies that might exist as determined by the Planning Commission City Administrator. 2. Be compatible with adajacent homes and structures. SECTION III: Adopted Reference Code The general provisions and definitions applicable to the entire City udin the penalty provision of Chapter 1 and Section 11.99 entitled "Violation incl g repeated a Misdemeanor" are hereby adopted in their entirety by reference as though verbatim herein. SECTION IV:-When Force and Effect it shall be 1-14 signing and attestation of this Ordinance, ` After the adoption, g published once in the official newspaper of the City of Shakopee and shall be in 4 such publication. full force and effect on and after the date following of Shakopee, R, Adopted in __ >ssion of the City Council of the City 1981. a, hcl v. day MEMO TO: John K. Anderson , City Administrator FROM: Judith S . Cox, City Clerk RE: Holmes Street Storm Sewer Appeals DATE: August 14, 1981 Introduction After the hearing on the appeals to the above assessment , District Court Judge Daly ordered that the City hold another public hearing on the assessments for the parcels upon which appeals were made . The attached resolution declares the assessments for the parcels in question and sets a public hearing for September 8, 1981 at 8 : 30 P.M. Action Offer Resolution No . 1894, A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessment 80-3 (Trunk Storm Sewer Appeals) , and move its adoption. JSC/jms 0 � RESOLUTION NO. 1894 A RESOLUTION DECLARING THE COST TO BE ASSESSED AND ORDERING THE PREPARA- TION OF PROPOSED ASSESSMENT 80-3 (Trunk Storm Sewer Appeals) WHEREAS , property owners in the City of Shakopee were specially assessed for the Holmes Street trunk storm sewer (80-3) an amount totalling $282 ,573 . 28 ; and WHEREAS, a number of property owners assessed for the said improvement did appeal their assessments ; and • WHEREAS, after a hearing on the appeals , District Court Judge John Daly set aside the special assessments levied by the Shakopee City Council and ordered a reassessment of the parcels in question. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The cost of the Holmes Street trunk storm sewer improvement to be specially assessed against parcels : 27-001-0000-060-00; 27-001-0000-059-00; 27-001-0000-140-00; 27-001 -0000-256-00, 27-001-0000-257-00; 27-001-0000-156-00; 27-001-0000-157-00; 27-001-0000-283-00 is hereby declared to be $6 , 520. 11 . 2 . The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be speciall.yassessed for such improvement against said parcels of land which are 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 8th day of September, 1981 , in the Council Chambers of City Hall at 8 : 30 o ' clock P.M. 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 . -y G' Resolution No. 1894 page -2- 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 officia 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 imrpovements . Fie shall also cause mailed notice of such hearing to be given the owner of each parcel in question not less than two weeks prior to the hearing. 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 August , 1981 . City Attorney • PC ( MEMO TO : Mayor and City Council FROM: John K. Anderson , City Administrator RE : Proposed Park Ordinance DATE: August 14, 1981 Introduction Attached is the City Attorney ' s proposed ordinance establishing Chapter 14 Regulating and Governing the Use of Parks . Background The City Attorney has updated the old ordinance by using current definitions and referring to current authorities . He chose to define littering and vandalism because he felt it was useful to tell people what we were prohibiting. The City Attorney did not include a clause on fireworks because it is now governed by state law, nor did he cover the "neighborhood park" concept because we could not figure out how to incorporate it in the ordinance . If Council would still like to use the neighborhood park concept the City Attorney said he would need more guidance on how to use it . Action Requested Discuss the proposed ordinance and if it is sufficient to accomplish Council ' s objective , adopt Ordinance No . 73 . JKA/jms gd ORDINANCE NO. 7 3 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SHAKOPEE CITY CODE BY ADDING THERETO A NEW CHAPTER ENTITLED "CHAPTER 14 REGULATING. AND GOVERNING THE USE OF PARKS" AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND ADOPTING BY REFERENCE SHAKOPEE CITY CODE CHAPTER 1 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION 1: Definition of"Parks" For the purpose of this ordinance theword "parks" shall mean a park, Parkway, trail, playground, athletic field, swimming pool, recreation center or other area in the City, owned, leased or used, wholly or in part, by Cpl.. City for recreational purposes and for such uses that are normally associated with parks. SECTION II: Activity Scheduled in Parks Shakopee's Parks are intended for the benefit of all. To facilitate maximum, uniform and orderly usage of park facilities, the Shakopee Community Services is delegated as the agency to coordinate and schedule the use of park areas and facilities. SECTION III: Regulations The following regulations shall apply to all City parks unless otherwise specified: A. Speed Laws - No person shall operate a motor vehicle in any park at a speed in excess of 15 miles per hour except emergency vehicle. B. Parking - No person other than park personnel shall park any motor vehicle in any place in a public park except in designated areas and no person shall operate any motor vehicle in any place except on established roads, driveways or parking areas. C. Hours - No person shall be or remain in any park between the hours of 10:00 P.M. and 6:00 A.M. except those who, without delay, are traveling through the parks on established walks, paths or streets, or are in activities that have been scheduled by property City authorities. D. Camping - Overnight camping is permitted only in the areas designated for such activities and so posted. E. Building of fires - No fires shall be lighted or made in any park except in places and in containers intended for such purposes. This section does not A d apply to City employees engaged in cleaning or maintaining the area. F. Firearms - No person or persons shall discharge any firearm In park without first securing specific approval from Shakopee CommuniLy Services anl a rerait from the Shakopee Chief of Police. G. Litterinr - No person shall cast, deposit, throw, lay, place or scatter any lighted or unlighted cigars or cigarettes, chewing gum, chewing gum wrappers, glass, bottles, cans, nails, wire, crockery or other sharp or cutting substances, or any refuse matter of any kind anywhere, except in refuse containers :•rovided for this purpcse. Live charcoal coals Ana ashes shall be deposited only in containers designated for this purpose. H. Swimming sad bathing - Swimming and bathing will be permitted only in designated and posted areas. I. Dangerous CAM S No person shall play any game of baseball, tackle football, f,,olf or other games dangerous to the welfare of other persons and property excepting in cress provided for thia purpose and so Poste6. J. Vandalism - No person shall write apon, mark, destroy or otherwise. deface in any way any property or thing pertaining to or in said parks. No parson shall paste or affix or inscribe any handbill or poster on w stricture or property within any park nor on any road or roadway adlacmt thereto. No person shall break, cut, mutilate, injure, remove or cern, away any tree, plant, flower, shrub, rock, soil or any other park property except in the case of City personnel engar,ed in maintenance and development thereof. K. Control of Pets - No pets shall be allowed in any park except when they are under control on a leash or confined. No person shall ride a horse or other Amimal except on designated trails, paths and areas. No nerson shall disturb or interfere with any wild life. L. Sales - No person or persons other than City personnel shall he permitted to sell any article or producr/l/ANtPilermit from Shakopee Community Service. Alcoholic beverages - No person shall possess, display, consume or use intoxicating liquors while in a park. No person shall possess, display, consume an use non-intoxicating malt liquors except in picnic, grandstand and shelter areas. - 2 - 111 'if 64\ N. Tennis Courts - No one shall ride bicycles or any other chicle on the tennis court nor drive them thereon or use the courts For any other purpose than playing tennis without specific permission from Shakopee Comunity Services. O. Ice Skating Rinks - Ice hockey will only b permitted on rinks posted for hockey. No hockey sticks or pucks shall be allowed on any other park rink. No %ehicies of any kind excepting those used by City personnel will be allowed on any skating area. SECTION IV: Penalty provisions adopted Any person who violates a section, subdivision, paragraph or provision of this Ordinance shall upon conviction be guilty of a misdemeanor. Shakopee City Code Chapter 1 entitled 'General Provisions and Definitions applicable to the entire City Code including penalty for violations" is hereby adopted in its entirety by reference as though repeated verbatim herein. SECTION V: When Inforce This Ordinance shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date of such publication. Adopted by the City Council of the City of Shakopee, Minnesota tis (la ' of , 1981. Mayor ATMST: City Clerk Prepared and approved as to form this 12th day of August, 198 - City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Application for On Sale and Sunday Liquor License Iowa Falls Inc . , 101 East 1st Avenue DATE: August 14, 1981 Introduction I have received an application for an On Sale and a Sunday liquor license from Iowa Falls Inc . Background The Police report on the three stockholders is attached. The Building Inspector has notified the current owners that he would recommend denial of the application , unless he received a copy of a signed contract to make needed repairs to the build- ing. I have received the attached quote only. At this point in time I have not received the proper fee nor the liquor liability insurance policy. Recommendation Unless the fee and insurance policy are received and in order prior to Tuesday' s meeting, I would recommend Council table the applications until the necessary documents are in order. Action Table applications for an On Sale and a Sunday intoxicating liquor licenses from Iowa Falls Inc . JSC/jms V MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for Liquor License Iowa Falls , Inc. (House of Hoy Inc . ) DATE: August 18 , 1981 At the close of the day, the application submitted to me sometime ago is still incomplete . I have not received the liquor liability insurance policy nor have I received the proper fee . The owners of the building are planning on attending the meeting tonight and will bring a signed contract for the repair work to the building as requested by Mr Houser. (Mr. Scarborough or Dr. McKeen) Mr. Scarborough, one of the property owners , informed me today that the lease the current applicant has signed with a former owner is invalid because Mr. Scarborough and partner have not approved it , which is a requirement before a sub-lease is valid . Mr. Scarborough ' s partner, Dr. Donald McKeen will be at the meeting tonight . Should the repair work problem and the lease be resolved , the insurance and fee are not in order, so the application should be tabled . jc „ . City of Shakopee v/rec.ors.-nbL....__ ,A-\ /�' H A K p p E POLICE DEPARTMENT �,r 5 f ,) \ a'��N E 5 p r1 ; .0 476 South Gorman Street "k.: *k. j” i _; 0) A i SHAKOPEE, MINNESOTA 55379 f5 � Tel. 445-6666 ¢`a <: L 1 "" , 1. , 379 e _ ' �,y August 14, 1981 TO: Mayor , Council Members FROM: Tom Brownell SUBJECT: Liquor License Application - Opera House DATE: - August 14, 1981 The Police Department has conducted an investigation relative to individuals submitting an application for an on/off sale intoxicating liquor license in the name of Iowa Falls, Inc . No information was developed which would result in a license denial under the existing data privacy act. go cSEzvE 9)zotect - . • V a....... ...._ ,. _ ....,::-._,:., ,..._.._..-.... ..... ,.,,..,.-...„:,.;-:‘, 3956 6,00rrior., / .' :::,:,-.,,,o;.S, WIInn. 55407 .-:-....:..... "....•—•....;:1;47 , ,,... • .........____ . ..,...,,, ,..,.. -_,UoMITTEL) TO •,., •••1/../c,. zr-,1„„/ •- DATE , . ••• e-, ...../ • 1 c,... 1 '.1 tr •„..1 j 1...- '. _ ./..///i- • . •/...• ••• ''' /;„ / /,,,,2 c...*; .. ....,...:.-_,...: ..i- I ..,D ZIP CC.)01. ,.....,,„; ,.lo. . '.A1.r ... .- ) ' • . . • . • ./ i I .-----.-..-.---..-...... I DATE OF PLANS ... . 1 • ' 'JOB PFIONE • - . . i --, , --- _________________.- •,- perei..,/sLomit speitications and estimates for: 1 , , •. •-t,..'/ ' .-) ',- ' 7-- c-- /171 ' , . . „...-- — - - • 1.... C c -" •,- j„..._. is.!. k: ..4,4.-..L, .e..-... 4. •...../,. _.. __,_. , / .... ,5 (•.. ,-1 ...- 4- ‘, ,. ,,......., c.4 L' r 4. -4. 11/4....- . , 2.%.... di•••......t r...... ., a,„. c'e; L'''e...:.„.• e i t....., .4 ,.--,_,.....„ .,„.,..' .....2„, ,,,„ ,./....',..: Il II ,• /• , Ii - • . - - i ' -•" I': ';---f'- L.:(... - //-I - • ' „...i. (,_,' I /..--- -.' /, e-! ' i' • ,• i fy---"4:-,..-• 4.--- •'•••••1.-. • / / / „ i_ , ty ,../ 2,,.Z .1.•C.',..),...,,'... .,,,,... , -- ---- 4 ' ..., t.... . ...r ,1 li .. . . . , If . 1 . 1 I lit 1 . 1 . il hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: jl , / a. 2 ....-_, ... , .--• ..,/''!" ..(.• .-.) A.,. ,, - .,' . ,:;" ‘.-/ ..-.--' > ' ' : , dollars($ ; , ..,I J ). II _ -- ,-,..:,r.-,cr,, to be made as follows: ii / I 1, L-.- • ' II 11 .----, I I ' ; :„ :7— /-.- ./. I. ,-, '. . ,. . - -: . /' t 1 /_ 77 _.,.....1 mLterial is guaranteed to be as//specified. All work to be completed in a workmanlike / ('-'--- , y/ .1:101.,i,ccording to standard practices.Any alteration or deviation from above specifica• Authorized ;•\ , ..../,....- k ' :.c//• Ir.,..3;V:r.,";extra costs will be executed only upon written orders,and will become an Signature I ..-,./a cliar;.;e over and above the estimate.All agreements contingent upon strikes.accidents er•ail...y.beyond our control.Owner to carry fire,tornado and other necessary insurance. Note:This proposal may be , 1 , v.iirki.rn arc fully covered by Workmen's Compensation Insurance, withdrawn by us if not accepted within days. j // • .. •. . _ .. . _ „.. , • , ..C '':It. ,,,,,,, ... ,I 01.0.01,lit i4 W., ..III•I di..111.111% . li ...ILI l 1,,,J1i. . all :/,111,..1610.../11/ /111(1 ilii! 11,1,1/Y /ILI Iyil•tl. You ale authuilied 1"0"I''''' - tu i.a Via work as specified.Payment will be made as outlined above. i l'I Signature lit /X r....e Ci Acceptance: \ 4/ -,.., - - - — re-Oi I I• I 001,103/41 Iii, HI ka i II,”Am.1/11N1111,i1 Plt1,,1 t 01. •//,,,,II tAitth /.1401 • g Ca-. CITY OF SHAKOPEE , MINNESOTA APPLICATION FOR ON/OFF SALE INTOXICATING LIOUOR LICENSE PART I - GENERAL INFORMATION rections : This form must be filled out with typewriter or by printing in ink . If the application is by a natural person , by such person; if by a corporation, by an officer thereof; if by a partnership , by one of the partners ; if by an unincorporated association , by the manager or managing officer thereof. Name of applicant ( Name of individual , partnership , corporation or association) Iowa Falls, Inc., a Minnesota corporation Business Name d/b/a: Opera House Saloon Business Address 101 First Avenue East, Shakopee, Minnesota Phone IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION , NAME , OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH TWO COPIES OF THE TRADE NAME CERTIFICATE , AS REQUIRED BY CHAPTER 333 , MINNESOTA STATUTES , CERTIFIED BY THE CLERK OF THE DISTRICT COURT. Type of applicant: Natural Person ( Individual ) Partnership x Corporation Association or other Type of license applicant seeks : x On Sale On Sale Club x On Sale "Special Sunday Sales" 1 ) . If applicant is a natural person ( individual ) , state full name, residence and business address and telephone numbers . Full Name Residence Address ' hone Business Address Phone )) . The full name, res ' . nce address and telephone number of the agent in charge of the ia , ' idual owner ' s premises at such time as the owner is absent . General. Information (On/Off Sale Intoxicating) U • 4. Full Name Interest • Residence Address Phone Business Address Pho • ( b) . The managing partner will be: Full Name Phone Address ( c) . The full name, residence address and telenho e number of the assistant manager, food manager, beverage manager , d any other individual with management responsibilities of the part rship ' s premises to be licensed : 1 . Full Name _ Phone Address 2 . Full Name _ Phone Address 3 . Full Name Phone Address - A PART II-Personal • istory form must be filled out and attached for each of the indivi . als listed in 6a , 6b , and 6c . ) IF E APPLICATION IS FOR A PARTNERSHIP , ATTACH TWC COPIES 0 THE PARTNERSHIP AGREEMENT AND TWO COPIES OF THt rERTIFI- CATE OF TRADE NAME UNDER PROVISIONS OF CHAPTER 333 , MINNESOTA STATUTES, CERTIFIED BY THE CLERK OF DISTRICT COU ' . ( a) . If the applicant is a corporation or association , give the name of the corporation or association , address and phone number and home office address and phone number. Name Iowa Falls, Inc. State of Incorporation or Assoc . Minnesota Address 101 1st Avenue East, Shakopee, Minnesota Phone (Area Code & Number) Home Office Address same Phone . ( Street) (Area Code & Number) Home Office same City State Zip Co • e ( b) . The full names , residence addresses and telephone numbers of all officers of said corporation or association . President Ronald Nagle Phone 121934-0831 ( Area Code & Number) Residence Address 17918 Bell Circle West, Minnetonka, Minnesota ( Street) (City) ( State) ( Zip Code) (3) encral •Information (On /Off Sale Intoxicating) Vice President N/A Phone (Area Code & Number) Residence Address _ ( Street) (City) (State) ( Zip Code) Secretary Thomas O'Meara Phone12/824_6 3o-1 (Area Code & Number) Residence Address 3427 Humboldt Avenue South, Minneapolis Minnesota ( Street) ICTt F �'(State) ( Zip Code) Treasurer Charles Ruffenach Phone 612/471-7995 ( Area Code & Number) Residence Address 2473 Black Lake Road, Sprin Park, Minnesota (Street) ity ( State) (dip Code) ( c) . The full names , residence addresses and telephone numbers of all persons who singly or together with their spouse and his or her parents , brothers , sisters , or children, own or control an interest in said corporation of association in excess of five percent ( 5%) . Full Name Ronald Nagle — Interest 33 1/3 Residence Address 17918 Bell Circle West Phone 612/934-0831 Minnetonka, Minnesota ( Area Code & Number) Full Name Thomas O'Mara Interest 11 1/1 Residence Address 3427 Humboldt Avenue South Phone 612/824-6303 Minneapolis, Minnesota (Area Code & Number) Full Name Charles Ruffenach Interest 33 1/3 0 Residence Address 2473 Black Lake Road Phone 612/471-7995 Spring Park, Minnesota ( Area Code & Number) Full Name N/A Interest Residence Address Phone (Area Code & Number) ( If additional space is necessary, attach additional sheet) Thd full name , residence addresses and telephone numbers of the manager, assistant manager, food manager , beverage manager, and any other individual with management responsibilities for the corporation ' s or association ' s premises to be licensed . Full Name Charles Ruffenach Phone 612/471-7995 (Area Code & Number) Residence Address 2473 Black Lake Road, Sprint/ Park Minnesota (Street) (City) ( State) ( Zip Code) (4) General Information (On/Off Sale Intoxicating) g CZE Full Name T Phone ( Area Code & Number) Residence Address ( Street) (City) (Stated_ ( Zip Code) Full Name Phone jArea Code—A Number) Residence Address (Street) ( City) -Mate) (Zip Code) Full Name Phone - -��- ( Area Code & Number) Residence Address ( Street) (City) ( State) (Zip Code) Full Name Phone (Area Code & Number) Residence Address --( Street) City) State) ( Zip Code) (A PART II-Personal History form must be filled out and attached for individuals listed in 7b , 7c , and 7d) ATTACH : 1 ) Two copies of the Certificate of Incorporation . 2) Two copies of Articles of Incorporation or Association Agreement. 3) Two copies of By-Laws to the application . 4) Foreign corporations shall attach two copies of Certificate of Authority, as described in M . S .A . Chapter 3113 . 8( a) . If the appb, state name of club:- Date lubDate that club was first incorporated : Place of &uch organization : Present number of members : The full names , positions , resident - addresses and phone numbers of all officers , executive committee mem . - rs and members of board of directors : Full Name - Position Address Phone . ( Street, City, tate, Zip Code) (Area Code & Number) Full Name _ Position Address Phone Str • - t, City , State, Zip Code) ( Area Code & Number) Full Nam - Position Addr - s Phone ( Street, City, State, Zip Code) ( Area Code & Number) ( 5) General Information (On/Off Sale Intoxicating) p Full Name i Position Address Phone ( Street, City , State, Zip Code) (Area Co & Number) Full Name Positi • Address ' one ( Street , City , State, Zip Code) • (Area Code & Number) (A PART II- Personal History form must filled out and attached for each in- dividual listed in 8a al : :b. ) ATTACH TWO COPIES OF THE A' LES OF INCORPORATION AND BY-LAWS OF THE CLUB . THERE MUST BE SUBM D A SWORN STATEMENT THAT THE CLUB HAS BEEN IN EXISTENCE FOR MORE THAN " EEN YEARS OR , IN THE EVENT THAT THE APPLICANT IS A CONGRESS- IONALLY CH RED VETERANS ' ORGANIZATION , IN EXISTENCE FOR MORE THAN TEN YEARS . THE ST . " ENT SHALL BE MADE BY A PERSON WHO HAS PERSONAL KNOWLEDGE OF THE FACTS ST ' " 0 THEREIN . IN THE EVENT THAT NO PERSON CAN MAKE SUCH A STATEMENT , SATIS- FACTORY DOCUMENTARY PROOF MAY BE SUBMITTED IN SUPPORT OF SUCH FACTS . THE FOLLOWING QUESTIONS SHOULD BE ANSWERED BY ALL APPLICANTS : 9 . State the exact legal description of the premises to be licensed . (Applicant must also submit a plot plan showing dimensions , location of buildings , -street access , parking facilities , and the locations of and distances to the closest point of a church structure or the closest point on a lot occupied by a public school ) . Lot One (1) , Block Four (4) , City of Shakopee 0 . How are the premises zoned under the Shakopee Zoning Ordinance? B-3 (Central Business) 1 . State full names , residences and business addresses and telephone numbers of the owner or owners of the building wherein the licensed business will be 'located , if the owner is other than the applicant. Full Name Donald K. McKeen one Residence Address Business Address Phone Full Name Phone _ Residence Address Business Address Phone ( 7) eneral Information (On/Off Sale Intoxicating) 9' GL- 2 . Where the bruilding is owned by other than applicant , state in summary the conditions of lease arrangement, such as , term of lease , monthly rental, renewal privileges , etc . (Two copies of the lease shall be attached) . Applicant will assume existing five year lease with five year renewal option. Present rent is $1200 per month and rent escalates each year. Two copies of lease attached. 13 . If the building is owned by the individual applicant , partnership , cor- poration or association , state : N/A ( a ) Datc parc1hase ( b) Name and address of person purchased from ( c) Purchase price Amount of down paym - ( d) Who currently holds the mortgage-Name and Addre . ( e) Amount 'ofcontract for deed ( f) Who currently holds contract for seed-Name and Address (g) Term of mortgage ( h ) Term of contract fo deed ( i ) Rate of intere on mortgage ( j ) Rate of i erest on contract for deed ( k) Stat - he monthly payment at which the mortgage and/or contract for de - • is being liquidated ( 1 Are the payments on the mortgage and/or contract for deed up to date? 4. State the amount of the investment that the applicant has in the business premises , fixtures , furniture, stock in trade , etc . Pursuant to the Purchase Agreement, Applicant is investing $137,000 in business, exclusive of-license feesinsurance costs and inventory costs. Each shareholder is supplying 1/3 of money to be invested by Applicant. Each shareholder, in turn, will withdraw necessary funds Attach supporting proof of the source of such money . from their respective personal accounts. See attached statement of individual shareholders. ( 8) general Information (On/Off Sale Intoxicating) 15. Give full names , addresses , telephone numbers of all persons , other than the applicant , who have any financial interest in the business , buildings , premises , fixtures , furniture, or stock in trade. State the nature of the interest amount thereof, and the terms for payment or other reimbursement. ( This shall include , but not be limited to , any lessees , lessors , mortgagors , lendors , lien holders , trustees , trustors and persons who have co-signed notes or otherwise loaned , pledged , or extended security for any indebtedness of the applicant) . Full Name Paul A. Scherber Phone Address 2060 Shoreline Drive South, Wayzata, Minnesota 55391 Nature o f Interest, etc . Security interest held by prior curler. Full Name Phone Address Nature of Interest, etc . Full Name , Phone Address Nature of Interest , etc . Full Name Phone Address Nature of Interest , etc . The above listed person is the only holder of security interests known to Applicant. IF THIS APPLICATION IS FOR PREMISES EITHER PLANNED OR UNDER CONSTRUCTION OR UNDERGOING SUBSTANTIAL ALTERATION , THE APPLICATION SHALL BE ACCOMPANIED BY A SET OF PRELIMINARY PLANS SHOWING THE DESIGN OF THE PROPOSED PREMISES TO BE LICENSED. IF THE PLANS OR DESIGN ARE ON FILE WITH THE MANAGER OF THE BUILDING AND INSPECTION DEPARTMENT OF THE CITY OF SHAKOPEE , NO ADDI- TIONAL PLANS NEED BE FILED WITH THIS APPLICATION . 6 . State the floor number, general area , and all rooms where intoxicating liquor is to be sold and consumed . (Applicant shall attach a floor plan showing dimensions and indicating number of persons intended to be served in the said rooms . ) Ground floor only (approximately square feet) (9) `neral Information (On/Off Sale Intoxicating) eL 7 . What permits required by the Federal government have been applied for or issued for the premises ? In what name were these applied for or issued and what is the nature of the permit? The Applicant, by charles Ruffenach as Manager, will immediately apply for the Federal Special Tax Stamp Number. B. What permits or licenses required by the State of Minnesota have been applied for or issued for the premises ? In what name were these applied for or issued and what is the nature of the permit or license? The Applicant has applied for the Minnesota Business Identification Number. 3 . Are any real estate taxes , personal property taxes , special assessments , or other financial claims of the City of Shakopee delinquent or unpaid for the premises to be licensed? Yes No x If yes , give details . I. Names , residence addresses , business addresses , and telephone numbers of three persons of good moral character, not related to the applicant or financially interested in the premises or business , who may be referred to as to the applicant ' s character . Full Name Jim Hagan Phone (Area Code & Number) Residence Address ( Street) ( City) ( State) ( Zip Code) Business Address St. Louis Park, Minnesota _ Phone 612/925-3660 (Area Code & Number) (10) neral Information ( On/Off Sale Intoxicating) 9 a ,- Ful l Name Steve Johnson Phone (Area Code & Number) Residence Address ( Street) (City] ( State) ( Zip Code) Business Address .St. Louis Park, Minnesota Phone 612/925-3660 (Area Code & Number) Full Name Gary Beyer Phone A _ (Area Code & Number) Residence Address ( Streets TCity) ( State) (7ip Code) Business Address St. Louis Park, Minnesota Phone 612/925-3660 (Area Code & Number) Financial Statement of net worth and a short autobiography must accompany is application for all persons who are required to complete a Part II Personal formation form . ( Exception - Manager, Assistant Manager , Food Manager, and verage Manager, provided these individuals are not partners , officers of rporation , or do not hold an interest in excess of five ( 5%) percent) . IOWA FALLS, INC. f , By: r (Signature ofA:pplicant) Ronald Nagle, President Y FALSIFICATION OF ANSWERS TO THE PRECEEDING OUESTIONS WILL RESULT IN DENIAL OF E APPLICATION . ( 11 ) THE OPERA HOUSE SALOON LUNCH MENU Served 11 :00 to 2 :00) SANDWICHES: Corned Beef on Rye w/ potato chips & pickle $2 10 Turkey Sandwich w/ potato chips & pickle $2 10 Bratwurst with Saurkraut w/ potato chips & pickle $1 85 Polish Sausage with Saurkraut w/ potato chips & pickle $1 85 Ham Sandwich w/ potato chips & pickle $1 95 BEVERAGES : Pop (large) $ 65 [Coke , Sprite , Orange] (small) 45 Milk (large) $ 65 (small) 45 - Served 7 Days A Week - 9L MEMO TO : John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Family Dining Inc. (1 & 44 Off Sale) DATE: August 14, 1981 Introduction The owners of Family Dining Inc . propose to build a new structure and move their existing business by next spring. Prior to commencing construction, they would like to know if the Council will agree to transfer their license to the new site when they are ready to move in. Formal approval will have to be delayed until they are ready to move in, just an approval of intent is in order now. Action Move to approve the proposed site just east of Landy ' s Camping Center as the new location for Family Dining Inc . JSC/jms • Robert D. Bell 7024 Sally Lane Edina, Mn. 55417 City of Shakopee City Council 129 E 1st Ave. Shakopee, Mn. 55379 Attn: Judy Cox I, Robert D. Bell, Secretary Treasurer of Family Dining Inc . , dba 1 & 44 Liquor Center would like to request the city council's consideration on relocation of our current off sale liquor license. The move would be from its present site at Hwy 101 and Cty Rd 89 to a site East of Landey Camping Center and West of Case Company. A new building will be erected on this site. A general concensus of approval from the council is need- ed at this time for a transfer to this new site. Our target date for opening will be June 1 , 1982; we will then come back to the council for your final approval of transfer prior to opening. Sincerely, . :�► 4 _ RECEIVED AUG 3 - 1981 CITY OF SIAKOPEI 571-6066 ciet UBURBAN 6875 Highway No. 65 N. E. NQINEERING Minneapolis, Minnesota 55432 INC. 890-6510 4)1 Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 Aug. 14 ,1981 File S78085 MEMORANDUM TO: City Administrator and City Council FROM: Suburban Engineering, Inc . SUBJECT: Assessment Method - T.H. 101 Trunk Water Main In preparing the assessment roll for the above improvement , we find the City Policy for determining adjusted front footage is not clear to us . It appears that the policy was written with residential and commercial property in mind because it fits with the City Zoning Ordinance requiring 9,000 square feet minimun lot size and 60 feet of frontage. IndusLrial lands require much greater lot sizes and the Policy does not seem to be proper if we interpret it the same way. We have prepared two assessment calculations for the improve- ment for your review. Method "B" is based on a literal interpret- ation of the Policy for adjusted front footage. Method "A" is based on actual frontage with adjustments made only for corner lot credits and does not relate to depth of the lot as does Method "B" . We suggest the matter be considered by the Council for clar- ification before a final assessment roll is adopted. • .. " ) William E. PI oe , P.E. Robert Minder,Reg.Eng. E.A.Rathbun,Reg.Suru. Wm.E.Price,Reg.Eng. Gary R.Harris,Reg.Suru. Peter J.Molinaro,Reg.Eng. Wm.E.Jensen,Reg.Eng. William J.Brezinsky,Reg.Eng. H.William Rogers,Reg.Suru. Bruce A.Paterson,Reg.Eng. Daniel P.Johnson,Reg.Eng. Kim W. Waldof,Reg.Eng. Robert Sikich,Reg.Surv. Peter J.Knaeble,Reg.Eng. 571-6066 Lts-4 UBURBAN 6875 Highway No. 65 N. E. NOINEERINIINCCG. Minneapolis, Minnesota 55432 — 890-6510 r4 — Civil, Municipal & Environmental Engineering 1101 Cliff Road LI Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 Aug. 12 ,1981 File S78085 SUMMARY OF PROJECTS COSTS T. H. 101 TRUNK WATERMAIN EXTENSION- - PROJ. No. 80-11 METHOD "A" & "B" 1 . CONSTRUCTION CONTRACT COST $172 ,568 . 05 2 . CONSULTING ENGINEERING SERVICES Basic Fee $14,323 . 15 Staking of work $ 3 ,875 . 80 Other Services $ 2 ,134.00 Assessment Roll (Est . ) $ 2 ,500 . 00 As-Built Record (Est . ) $ 1 ,500 .00 $ 24,332 . 95 3 . CITY COSTS Shakopee Public Utilities $ 5 ,975 .00 City Administration $ 1 , 760.00 City Engineering $ 1 ,555.00 Advertising $ 150 .00 Bond Consultant $ 2 ,070.00 Bond Printing $ 145 . 00 Bond Attorney $ 270.00 Moody' s Review $ 245 .00 Capitalized Interest $ 7 ,045 .00 $ 19 ,215 .00 Total Add-On Costs ( =25. 24% of Contract ) $ 43 ,547 . 95 TOTAL IMPROVEMENT $216 ,116 .00 Page 1 of 4 Robert Minder,Reg.Eng. E.F..Rathbun,Reg.Sum. Wm.E.Price,Reg.Eng. Gary R.Harris,Reg Saw, Peter J.Molinaro,Reg.Eng. Li/m.E.Jensen,Reg.Eng. Wiliam J.Brezinsky,Reg.Eng. H. William Rogers,Reg.Suru. i duce A.Paterson,ft. . 111g. Daniel P.Johnson,Reg.Eng. Kim W. Waldo',Reg.Eng. Robert Sikich,Reg.Suru. frier J.Knaeble,Reg r al. 8/12/81 9 G T. H. 101 TRUNK WATERMAIN - PROJ. No. 80-11 METHOD "A" TOTAL COST12" Watermain Change Orders 1 & 2 $ 5 ,790.00 Contract Amount $150,844. 50 Misc . @ 25 . 247 $ 39 , 534. 55 TOTAL PROJECT COST $196 ,169. 05 12" Rate $196 ,169 . 05- = $36 . 35/ L.F. 5396 .02 TOTAL COST 8" Watermain 8" Equiv. Contract Amt . $125 ,651 . 90 Misc . @ 25 . 24/ $ 31 ,714. 54 TOTAL 8" PROJECT COST $157 , 366 .44 8" Rate $157 , 36�i.44 = $29 . 16/L.F. 5396 .^02 -- Page 2 of 4 8/12/81 'G T. H. -101 TRUNK WATERMAIN - PROJ. NO. 80-11 1 r, . . . • METHOD "A" A. ASSESSABLE FOOTAGE 12" BENEFIT 901 :08 ' @ $36 . 35/ft . = $ 32 , 754.26 8" BENEFIT 4494 . 94 ' @ $29 . 16/ft . _ $131 ,072 .45 Totals 5396 . 02 ' $163 ,826 . 71 B. TRUNK AREA BENEFIT 103 . 37 Ac . @ $435 .00/Ac , = $ 44 ,965 . 95 C . SPECIAL SERVICES 3-12" Service @ $2 ,211 . 36/ea. = $ 6 ,634 .09 8- 8" Service @ $1 ,457 . 32/ea . = $11 , 658 . 53 1- 6" Service @ $1 ,280. 58/ea. = $ 1 ,280. 58 1- 2" Service @ $ 381 . 98/ea. _ $ 381 . 98 Total. Services $ 19 ,955 . 18 TOTAL ASSESSMENT $228 , 747 . 84 Page 3 of 4 8/12/81 ` T.H. 101TRUNKWATERMAIN - PROJ. No. 80-11 METHOD "A" Calculation for Assessment Resolution 1 . Contract Cost $172 ,568 .00 2 . Expenses Incurred (Add-on Costs ) $ 43 ,548.00 Construction Total This Project $216 ,116 .00 3 . Trunk System Costs Area Trunk Charge $44,965 . 00 Project Cost-pipe only $196 ,169 .00 Assessed Cost-pipe only (-) $163,827 .00 Balance = 12" Trunk portion of this project (-.)$32,342. 00 Future trunk cost allocated to this Project $ 12 ,623 .00 TOTAL COST OF IMPROVEMENT TO BE ASSESSED $228, 739.00 Page 4 of 4 k‘l 0 > IT f 4-j' ' P i r' Z iT rri b sv l m {ii In ff. m frr H H`•A 4 r a6 GN v .j` n f' z (' I.+ zez 411 al VI alw f1-1 ?1 , t r i .$ 11 Ft' (IN 0 N r N G a o 0 \c, N oz. 51 1 o 0 � °% ° a a O 0 0 0 a 0 a o E 0 E 1` ~ 11 c. • r a + 1 J �' CCo 0 r A R ,• " 0 ( Q 0 G 0 0 0 0 0 C' 0 ° - j • – _ — a Z o ----- -_ C WN w w st• 1 0o N w N O •. q - co G c 1\' -J ifW CO -4 (A t .. Oo , T. n 00 , _ • • ' W _ •Oa N ` 00 VI N ‘° N W -+O $ � J q 0 - O mof w 3r,p VI N _O O 0 :N .4o ;0 t, d 0 a VQ n r a -.__0_ 1tel O I VI O CsO I (11 '+i m D .ice 1 0 • w N N n ,-- E 0 W •.1 6W" °' vii p rt v� � — � 00 b= vt � 1 I m % fD oa , J 0) CO 4. n to C.% 0 N ko v -4 -' ?tD W NW v zs.,1 y •D • �_ ...'1 6-s J b N 'p sS__ e -.3 0 cif .� Q m Z m t i •r- I (p N - O . ! \I; : :(gI —. - p rd r' N . j % m 1 I O < ------ - 14 II -'.- 06 n: - M ` _ 1 N — --------- - e m `'a ti) X'. W N N A W .o _ c N at ...., • n ..,, .... ... v i N w w W c r :p Li J AI $ 0 r r 0 -P g r 00 0 3 ,; N o0 -- 0 -4e N WI V1 00 ..P .p O W IN) s d0 – N 01 •R• n y IN) W Oo U, – v� J 4 00 `.D y r N W , CO N N O J -•1 0 OD Vl K 0 e , A 571-6066 UBURBAN 6875 Highway No. 65 N. E. 3 �1 I NQINEERINai Minneapolis, Minnesota 55432 INC si —" 890-6510 N ¢, '' Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 Aug. 12 ,1981 File S78085 SUMMARY OF PROJECTS COSTS T.H. 101 TRUNK WATERMAIN EXTENSION - PROJ. 80-11 METHOD "A" & "B" 1 . CONSTRUCTION CONTRACT COST $172 ,568 .05 2 . CONSULTING ENGINEERING SERVICES Basic Fee $14, 323 . 15 Staking of Work $ 3 ,875 . 80 Other Services $ 2 ,134.00 Assessment Roll (Est . ) $ 2 ,500.00 As-Built Record (Est . ) $ 1 ,500. 00 $ 24,332 . 95 3 . CITY COSTS Shakopee Public Utilities $ 5 ,975 .00 City Administration $ 1 , 760. 00 City Engineering $ 1 ,555. 00 Advertising $ 150.00 Bond Consulting $ 2 ,070. 00 Bond Printing $ 145 . 00 Bond Attorney $ 270.00 Moody' s Review $ 245 .00 Capitalized Interest $ 7 ,045.00 $ 19,215 .00 Total_ Add-On Costs $ 43 ,547 . 95 ( =25 . 24% of Contract ) TOTAL IMPROVEMENT $216 ,116 .00 Page 1 of 4 Robert Minder,Reg.Eng. E.A.Rathbun,Reg.Suru. Wm.E.Price,Reg.Eng. Gary R.Harris,Reg.Suru. Peter J.Molinaro,Reg.Eng. Wm.E.Jensen,Reg.Eng. William.1 Brezinsky,Reg.Eng. H. William Rogers,Reg.Suru. Bruce A.Paterson,Reg Eng. Daniel P.Johnson,Reg.Eng. Kim W. Waldof,Reg.Eng. Robert Sikich,Reg.Suru. Peter J.Knaeble,Reg.F,..;_ 8/12/81 c/ G T. H. 101 TRUNK WATERMAIN -- PROJ. No. 80-11 METHOD "B" ASSESSMENT RATE DETERMINATION TOTAL COST 12" Watermain Contract Amount $156 ,634. 50 Misc . @ 25. 24% $ 39 , 534. 55 TOTAL PROJECT COST $196 ,169.05 12" Rate 196 ,169.05 5068. 89 = $38. 70/Fr.Ft . TOTAL COST 8" Equivalent Watermain 8" Equiv. W.M.Contract Amount $125 ,651 . 90 Misc . @ 25 . 24% $ 31 , 714. 54 TOTAL 8" PROJECT COST $157 , 366 .44 8" Rate 157 ,366 .44 = $31 .05/Fr.Ft . 5068. 89 Page 2 of 4 8/12/81 T. H. 101 TRUNK WATERMAIN - PROJ. No. 80-11 METHOD "B" A. ASSESSABLE FOOTAGE 12" BENEFIT 710. 68 @ $38. 70/ft . = $ 27 ,503. 32 8" BENEFIT 4358. 21 @ $31 .05/ft . = $135 ,322.42 Total 5068. 89 $162 ,825 . 74 B. TRUNK AREA BENEFIT 103 . 37 Ac . @ $435 .00/ Ac . = $ 44,965 .95 C. SPECIAL SERVICES 3-12" Service @ $2 ,211 . 36/ea. = $ 6 ,634.09 8- 8" Service @ $1 ,457 . 32/ea. = $11 ,658 . 53 1- 6" Service @ $1 ,280 . 58/ea. = $ 1 ,280. 58 1- 2" Service @ $ 381 . 98/ea . = $ 381 . 98 Total Service $ 19 ,955. 18 TOTAL ASSESSMENT $227 , 746 . 87 Page 3 of 4 8/12/81 G T.H. 101 - TRUNK- WATERMAIN PROJ. No. 80-11 METHOD "B" Calculation for Assessemt Resolution 1 . Contract Cost $172,568.00 2 . Expenses Incurred (Add-on Costs ) $ 43,548.00 Construction Total This Project $216 ,116 .00 3 . Trunk System Costs Area Trunk Charge $44,965 .00 Project Cost-pipe only $196 ,169. 50 Assessed Cost-pipe only (-) $162 ,826. 50 Balance = 12" trunk portion of this project (-)$ 33,343.00 Future Trunk Costs allocated to this Project $ 11 ,622 .00 TOTAL COST OF IMPROVEMENT TO BE ASSESSED $227 , 738 .00 Page 4 of 4 `� r ( ! fJT of c? PAID in = nt r ; tct. ? sc (..„ , ' t ° `� -r -r a C' V R- ‘7. 1 A o r r b , 14 4 .,j J �! 'J J •.i �1 J J N N g 'I 0 y I t , i ' \ , I i , .0 p _ 5. tt+ Iv {0 pop CP W \0 p \c'i \A vs +o k.D — AQI o 1 VRI C% 0 N r N '„\D ^ -O l,�i o N i— = Q o o v) 3.4 O 0 Q 0 F r _, Q G 0 p o 0 0 0 0 �� _ m R D o P yl v4 '� s- m -P, o�`' z • t 1 G 0 O O 0 0 C O 0 O o 0 a Q c 0 C• w 7 W W N W N p 0 4 — I _, kg o N oo 03 J ��,', (� J W CO N :n CA r 74 z _ f IS d CA XIII , ; O VI a i Om N 0Os .. 6NWp ' `Z' o t:- 10 -- -- $ v - (! A a. A N 7.-: -4 Ln VI O t. SZO -P NI A hCo. v, ;.,.4 n 1- n! z L — Q — O O O 11 0U O o o U 0 n 111 VI W o N e co N J — — -- 1/40 et r O N .R. ,n Q .p lik es v1 in `� w ----- ------ 45, (\\l T rr TM m i ON h �. ^' n O W J OQ ° I cn C J m — CO . s 1— o -- _–._-..._..._—'—---- -----.-.--. _--- _._.—_ —. 1 66' 4' (J N W 0 J \o S. n1 Q N N 44. W CO 6. •' a � b •Y) t7 (`) N 0 co .Nj b0 C 00 W cAi n c, f n rrii — -- CP -J a 12. — h C7p N I -- -.._ � 1 a , N rno 1 (A) cn00 .- m =1 ...... nj cn x m, C., �I '•a m i N c-4 OA � m, t/t Cr.` rA Zr) 3 m m � s �_ _ • _ iN I NN J m cn la t j� VTC4 �'} v1 __ .-.-_.. i ,.: N -4 i ... 0 J 1 A N J . }I cN.► "' ' • O cn m +. O NOZi v, •--- oDN N N N O —II ^.., CitN _ N o !"JO s `O 43 O P (A —A v ' "'et p Q too Vi N ui t* N r4Jo J ° Q z J MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier City Engineer RE: County Road 16 Utilities DATE: August 17, 1981 Introduction: Pursuant to City policy, whenever there is a change in construction projects, such changes are brought to the attention of Council at the first opportunity. Background: When plans were prepared for the above-referenced project, an assumption was made that the roadway followed a straight and uniformed alignment. When the surveyors placed the construction stakes for the contractor, it became quite evident that the road meandered within its apparent right-of-way. Also, within this right-of-way are major Northwestern Bell Telephone conduit and cable. Northwestern Bell's cable follows the meander of County Road 16. The right-of-way which the City of Shakopee condemned and paid for and acquired, does not meander and, therefore, in order to avoid the Northwestern Bell Telephone cable, it is necessary to shift the alignment of the sanitary sewer so that it is placed along the north line of the easement acquired for this project. The affect is that there will be sufficient easement for the construction of the sanitary sewer and watermain proposed in this project, simply because the City has an additional 20 feet of construction easement. However, reconstruction would not be possible within the present right-of-way and, therefore, additional easement would be required. The City has emergency powers that would permit the repair of those facilities in an emergency and, therefore, it is recommended that no additional right-of-way be acquired at this time. Recommendations: City staff recommends that no action be taken by City Council. HRS/jiw ovq,„e CITY OF SHAKOPEE f5t/,;;,(t,„ 129 East First Avenue, Shakopee, Minnesota 55379 ^ ` n Y, yy• MEMO • John Anderson - Administrator OM: Jim Karkanen - Public Works Dept. BJECT: W. 4th Ave. - Adams St. to Harrison St. IE: Aug. 14 , 1981 This memo is in response to your request regarding the maintenance history of West 4th Ave. between Adams St. and Harrison St. The Public Works Dept. was instructed by former Administrator Doug Reeder in early May of 19r0, to cease maintaining this portion of West 4th Ave. because the street had not been constructed to City specifications or standards. Prior to these instructions, we performed minimum maintenance to this street because of the poor grade of sub- base material and lack of gravel base material placed by the developer of this area. We did, however, do minimum grading during the summer, and did snow removal to keep the R/W available for access to Adams St. for the children in the area to walk to school. Bo Spurrier informed me that in April, 1980, the Council had a lengthy discussion about the R/W because of a conditional use permit application in the area. I suspect that Mr. Reeder ' s directive to cease maintenance on this street was as a result of the Council' s discussion. Since that time, we periodically check the R/W to insure us that there aren' t any severe traffic hazards or problems to any traffic which may happen to use this R/W. The west end of this R/W has always been used by the apartment on Harrison St. as a driveway entrance. The bituminous surface is very thin and in a constant need of repair. Attached to this memo is a copy of the consulting engineer ' s report concerning the material used as a sub base by the developer. • • • April 7,1980 REPORT 1980 Improvements TO: City of Shakopee FROM: Suburban Engineering, Inc. SUBJECT: 4th Ave. - Adams to Harrision St. GENERAL As directed, we have made this preliminary investigation for the construct- ion of a local City street improvement on 4th Ave. from Adams St. to Harri- son St. , including necessary storm sewer construction. In addition, a separ- ate study was made to investigate the improvement of Adams St. to a finished collector street. The report on the Adams St. investigation is included with this report but may be considered as a separate project with special provisions for modifying the intersection of Adams St. and 4th Ave. EXISTING CONDITIONS The present roadway of 4th Ave. is a marginaI gravel. surface about 30 ft. wide on 80 ft. wide right of way. The profile grade is minimal and slopes frc n Adams to 41WrrisoriL Drainage is presently provided at a catch basin in tiee southeasterly corner located off the roadway in a low area. The basis, is connected to the trunk storm sewer on Harrison Ave. r According to preliminary soils boring infornation portions of the roadbed is constructed on fill material in the vicinity of Adams and the suitability • for roadway construction is questinable on a preliminary basis. The natural. , soils are a silty sand and are considered acceptable for roadway construct- ion. Additional soils data is necessary lot, ,Laal. design.,, " For preliminary design purposes, "R" value of 15 was assumed which is based on soft soils. %mall amounts of digVn ` AAterfals were found in the sub-base materials. 1 ,-- cir _La_ - - EXISTING. CONDITIONS (con' t) -----------____________ privewayS - for'the north entering apartment sites are not well defined and provide poor control of cars entering or leaving the Street. Those driveways are relatively flit so that drainage must be carefully considered. DESIGN CRITERIA Weliminary thickness design is based on present City -standards and IMINIT standards The criteria used is a 20 year projected volume of 50,000 9 ton loads. The subgrade factor used is "R" 15 which represents the poorer soils found in the soils investigation. The preliminary thickness designed is 2" more gravel than a minimun construction standard of Shakopee for local ! streets. In the preliminary design,anew profile is proposed to meet the new profile of Adams St. Other grades will be at City minimum grades and will match adjoining lands as close as possible. PROPOSED PROJECT The proposed project will be a finished local street , 36 ft . wide with curb and gutter and catch basins. Sanitary sewer and water main has been installed previouslyili ESTIMATES OF COST AND ASSESSMENTS The detailed estimates of cost for the street, storm sewer and water main ., are included in Appendix A. The estimate of costs are based on available ? date of soils and ledge rock information and on what we expect contractors i to bid for such work in 1930. The cost estimates include an allowance for , administration, engineering, fiscal, legal and miscellaneous charges. The estimated cost of the improvement is $75,840.00. 11 It is proposed to use the adjusted front footage method for street benefits ' 1 to the properties abutting the improVement. The estimated assessments for street is computed on the basis of a minimum local street according to the City policy. The extra cost is proposed to 1 he paid from other street funds. Accordingly, the estimated assessment cost 1 is $62,475.00. The corresponding assessment rate for a minimum local street , is $55.05/ft. . I i .,, i i 7 i 2 ) , 4 i 4 r__ p RECEIVED fr s ,I1i I AUG 4 19 81 9 1-I I nihl CITY OF SHAKOPEE LiJ league •of minrnescta cities August 3, 1981 John K. Anderson City Administrator 129 E. 1st Avenue Shakopee, MN 55379 Dear John: I have enclosed a letter from Dave Kelso, Minnesota Pollution Control Agency, describing the data we collected in Shakopee on July 22, 1981 . I am sure that what is reflected in that data comes as no shock. I too could not believe how loud it was standing on the street corner in downtown Shakopee. Hopefully, this data can be put to good use by your committees and consultants as your planning progresses. Please let me know in what ways the data proves useful to you - I like to track how our information is used. Sincerely, ,/j/Kath een Callahan Noise Project Director KC:cmt En 1 : f ;ill " Minnesota Pollution Control Agency Kathleen Calahan League of MN Cities 300 Hanover Bldg . 480 Cedar St . St . Paul , MN 55101 Kathleen : I have looked at the data we collected in Shakopee on July 22 , 1981 . As you recall we collected data at two locations : in front of City Hall and at the intersection of first St. and Lewis for one hour (1 : 30-2 : 30) . The intersection monitor was located 25 feet from the centerline of the nearest lane whereas the City Hall monitor was located 5 feet from the curb . Weather conditions showed partly cloudy skies , 80 degree temperatures-generally a nice day . Some general observations were the fact that the roads are heavily impacted by truck traffic and the obvious lack of people on the streets . I believe the lack of people on the streets reflects the obvious noise problem. I couldn ' t believe how loud it was standing on the street corner ! The data shows : L Intersection dBA City Hall dBA max 92 97 1 85 89 2 84 88 3 83 87 4 82 86 5 82 85 6 81 85 7 81 84 8 80 84 Phone 1935 West County Road 62, Roseville. M nnesota 55113 Regional Offices DuluthBrainerd,Detroit Lakes ',4a•shall Rochester Equal Opportunity Emplc,,c: ')7/ 9 80 83 10 79 83 20 77 80 30 74 78 40 72 75 50 70 74 60 69 72 70 67 71 80 65 69 90 63 67 99 58 61 eq 77 The data (see attached graph ) clearly indicates essentially a random distribution of sound with somewhat sporadic exposure . The straight lines indicate a single source and the slope indicates the variability of the source . I don ' t believe there is any question that State noise standards are being exceeded and that the source is primarily truck traffic . Also , the monitor located in front of the City Hall shows an almost perfect reflection of 3 dBA in the street corridor . This amplification was also obvious while I was roaming around the two locations . I will not give an opinion as to what can or cannot be done with the situation but suffice it to say that the downtown district is incompatible with existing truck traffic noise . Because of the strike here at the Agency I made my comments brief and cursory so if you have further questions please give me a call . I will not pass any of the data on to Shakopee-I ' ll leave this up to you . Sincerely , X,7rtt Dave Kelso Program Development/noise MEMO TO: John K. Anderson, City Administrator ?° FROM: Gregg Voxland, Finance Director RE: Quotation of Pending Assessments for 80-3 San. Sewer Service Lines, Curb, Gutter & Sidewalk Holmes Street Reconstruction Project DATE: August 12, 1981 Introduction The following is information relating to the quotation of pending assessments for above project. Background The 80-3 Public Improvement Project (Holmes St.) is in two parts. The first being Holmes St. Storm Sewer and second San. Service Lines, etc. After the assessments for the Storm Sewer portion were adopted (Aug.26, 1981-Res.No.1670) the Finance Department was not notified that there were to be further assessments against this project. As a consequence, assessment searches quoting "no pendings" for this project were issued. Some time later it was brought to our attention that there were to be assessments for the second part of this project. At that point pendings were quoted for all properties included in the original assessment area. The date of this action is unknown. On 12/2/80 we received the actual list of pending assessments for the second assessment. To this date we are aware of only one instance where the property has changed hands and the new property owner has come forth stating that the assessment was paid and that no pendings were quoted. It is, however, unknown as to how many more there could be as it was not, at that time, a practice to maintain a copy file of assessment searches. On 8/11/81 this matter was discussed with the City Attorney who affirmed that the information provided on an assessment search does, in fact, create a liability for the City. Alternatives 1. Abate assessments on claims as they arise that can be verified. (In order to verify the claim we would require the escrow holder, title company, etc. to provide written proof of assessment search.) 2. Abate the assessments as claims surface and can be verified for property that has changed hands. 3. Stand pat and see if owner, or other party, pursues litigation over the assessment. Recommendation Alternative number 2. Reason: It was an error on the part of the City and would be an ethical solution to the situation thereby avoiding litigation claims to be filed against the City. Action Request Council move to endorse alternative number 2 whereby the City of Shakopee would abate the assessments as claims surface and can be verified for property that has changed hands. GV/ljw (ft JEROME JASPERS & COMPANY Cern/led %jubhc 7/ccoun/onls 206 St OTT STHF:F:T %II WO RN 111 I III 5%11.141('AN I\Fllll IF OF 11IAKOI'F:F:,511'9,4901A 55379 I I 14 11311 11 I'ti 1'1.1( A('(MIN IAYIS TF.I 'HONE:(612)44S-2317 Honorable Mayor and Members of the City Council City of Shakopee Shakopee, Minnesota 55379 We have examined the financial statements of the various funds and account groups of the City of Shakopee, for the year ended December 31, 1980, and have issued our report thereon dated May 28, 1981. Our examination was made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances . We also performed tests of compliance with the Revenue Sharing and Antirecession Fiscal Assistance Acts and Regulations as required by Sections II .C.3 . and III .C.3 . of the Audit Guide and Standards for Revenue Sharing and Antirecession Fiscal Assistance Fund Receipients (Guide) issued by the Office of Revenue Sharing, U. S. Department of the Treasury and compared the data on Bureau of Census Form RS-8 with the audited records of the City of Shakopee, as required by Sections II .C.4. of the Guide. Based on these procedures , we noted no instance of non-compliance with the regulations and no material differences between the data on Bureau of Census Form RS-8 and the records of the City of Shakopee, for the year ended December 31 , 1979. 94-2 Shakopee, Minnesota July 22, 1981 - .IEROME JASPERS & COMft N'Y (7or/ijic'd 7-public "3ccuunlan/s 1 206,COfl ,rw F:F:I Nil NMI R.IIF'1141 AS11 RI(A\I'..l Ill 1.IIF ,IIAKoPI:F.,MI.\\F.,IIU 55379 (I KIIIII-.It VI'IN II %('I Y II'\IA\I, July 31 , 1981 IF:I.t.ill(t\F.:I 612)445-2017 Members of the City Council City of Shakopee Shakopee, Minnesota 55379 MANAGEMENT LETTER Dear Council Members : As we stated in our engagement letter dated October 27, 1980, an examination would be made of the accounting and other records of the City of Shakopee, for the purpose of expressing an opinion on your financial statements for the year ended December 31, 1980. We also stated in our letter that at the conclusion of our examination, we would make separate recommendations for strengthening internal controls and improving operating procedures . We have now completed the examin- ation of _your financial statements and, at this time, make the following recommendations to you. 1 . FIXED ASSETS OF THE CITY OF SHAKOPEE We recommend that a detailed physicial inventory of the fixed assets be taken, which should include - a) description of property b) location c) date of acquisition d) original cost If the date of acquisition and original cost cannot be determined, then they should be estimated. This in- ventory should be updated at least annually to account for additions and dispositions during the year. Advantages to the City of this project would be - a) source of information for insurance purposes - b) source of information for budgetory purposes c) source of information for use in matinenance and safe-keeping. - . 1 Management Letter July 31, 1981 Page 2 2 . DIVERSIFICATION OF DUTIES A diversification of duties regarding the area of cash receipts, bank reconcilations, recording of transactions to the accounting system, and the depositing of receipts in the bank account, is not presently incorporated. While this is always a problem in offices with relatively few employees, we believe the following recommendations may improve the internal controls in these areas - a) the recording of transactions to the accounting system should be performed by a person unrelated to collection of cash receipts and bank deposits . b) monthly bank reconcilations should be entrusted to a person unrelated to the preparation of checks, cashxeceipts and bank deposits, and the recording of transactions to the accounting system. 3 . PURCHASING SYSTEM We recommend that the City review its purchasing system for goods and improve upon the system by either central- izing the system or reorganizing the current system such that the department heads report to the administration and the accounting department when an order is placed or received. A well organized purchasing procedure is important to the City to insure that - a) the goods are actually received with a written evidence of delivery. b) that the goods were what were ordered and paid for. c) that the prices paid for the goods were no more than those shown in the related purchase orders, bids and/or contracts . d) that all discounts were taken. e) that such purchases were not paid for more than once . f) that the purchases were charged to the proper appropriation accounts . Management Letter July 31, 1981 Page 3 3 . PURCHASING SYSTEM - continued g) that no expenditure was made in excess of the balance to the credit of the appropriation account to which it was chargeable . h) that the accounting department and the administration have data available regarding outstanding orders and will be able to report to the City Council commitments made, along with the commitments already paid for at given reporting intervals . We will be pleased to discuss these recommendations with you further , if you so desire . We wish to thank you for the opportunity of serving you and we look forward to an enjoyable and continuing association in service to you. Yours truly, JEROME JASPERS & CO. JEROME JASr44( V JJ/gw 4 , C:19<) N' • • N N N'. N N 'N • N. N N N N N N Nn) N • N • N N N N • ) N • - N :V N: N N N • N! N N IV N.NJ N N, 'J N)• • N • N N N N * •ti1 '1 .i a * a O a' O•a a • a A aa a • a s a a a a • ',I = A .7 • '. .a 4-1! t .3.,:) J * 1. Pt .) 3..3 3 1' ♦ • C,1 4 . '3 •. r .n r v N • (A (.1 4: 1 J�'�• (A • :V. N nJ :\)N:N:J V. N. 1, • N • • _ P '' N' • V - 0T NUI a • V1 C' T 02Tcr. TiC :.,1 a • r • a a a a • x l z -4 O 1 . 7 l •J aJ(- Cl C3 C. ....11 '"1 S C. 'l.i C_ -I - U . L n C. D ^�' b 9 :AI J):CO t 021 lb 'L Y .11:37 b a. .1' b b '.b 3 b tD Co -4 L) \ \ \\I \144 \ \: \ \\\,\\\, \, \ '. \\ \,\ \ f'1 N ' N N NI N N N 7V. N N I-U IJ-IV ,J IJ. 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Anderson FROM: Tom Brownell SUBJECT: Warning Siren Control Unit DATE : August 5, 1981 A warning siren has been damaged by lightning, destroying the radio control unit, which will result in the siren being in- operable until the spring of 1982 if a replacement unit is ordered at this time . RECOMMENDATION: Purchase one radio control unit, cost $1, 000 .00 . FUNDING: 1982 Capital Improvement, Civil Defense . go e EtcrE aotect CITY OF SHAKOPEE 129 E;st 1st Avenue PURCHASE Date 08-05-81 Shakopee, MN 55379 ORDER - - - Phone (612) 445-3650 NO. 2 0 2 TO r D Mr. James Peterson E Il City Hall ❑ Fire Dept. L 129 E. 1st Ave. 334 W. 2nd Electric Service Company v [ Police Dept. n Comm. Services E 476 Gorman 129 E. Levee Dr. 1609 Chicago Avenue R ❑ City Garage I I Minneapolis, Minnesota 55404 J 0 500 Gorman SHIP VIA: F.O.B.: QUANTITY DESCRIPTION ACCOUNT UNIT PRICE AMOUNT 1 Warning siren radio control unit $ 1, 000 . 00 Frequency 155. 745 Tone 136 .5 Common 944. 1 Alert 691. 8 Attack 562 . 3 Fire None Cancel 851. 1 • Ue artment uth rization CityAdministrator P Mireft s05eta Sales Tax Exemption No. 8025237 This Purchase Order VOID unless signed lndicat"e Purchase Order Number on Invoice by the Shakopee City Administrator raorrrE. -- VELI • -"nt PINK — Purchasing MEMO TO: John K. Anderson , City Administrator / / FROM: LeRoy Houser , Building Inspector By Judith S . Cox, City Clerk RE: Air Conditioner on West Side of City Hall DATE : August 14, 1981 Background Council has already approved the installation of the air conditioner on the west side of City Hall ; however, the cost as approved is incorrect . The low bid was $5 , 618.00, but in the memo to Council on July 21 , 1981 (attached) there was a transposition of figures , so Council approved an expenditure of $5 , 168 .00 rather than the $5 , 618 .00 quoted cost . The $5 , 618.00 quote from Associated Mechanical is still the lower of the two . Action 1 . Reconsider the motion of July 21 , 1981 "to have the new air conditioner compressor installed on the west side of City Hall at a price not to exceed $5 , 168.00" . 2 . Amend motion to accept the quote of Associated Mechanical Contractors , Inc . to install a new air conditioner compressor on the west side of City Hall at a price not to exceed $5 , 618 .00. 3 . Roll call on main motion as amended . JCS/jms /( MEMO TO: John K. Anderson , City Administrator FROM: LeRoy Houser, Building Inspector RE: Air Conditioner, City Hall DATE : July 21 , 1981. As you know, the Compressor is out on the Air Conditioning unit on the west City Hall building. What this means is we have the air conditioning housing left of this unit . We have $4,000 left over from the budget on the east side of City Hall H.V.A/C unit installation and the boiler installation on the west side . The cost of installing a new unit on the west side is $5 , 168 .00. The balance can be obtained from Revenue Sharing. Recommendation I recommend the unit be installed new, now. LH/jam , ..,... .... . .,, , . -r ---i 14-‘ ‘)S0( 1 1\ 1 Eti . , I., k. ',,,, 4 4 / i cr - ANI ' i erNTRrCTORS , , 1 106 'NORTH July 21, 1951 City of SI-ia.1,--, ,Dee 129 E. 1st Ave. Shakopee, MN 5517°' Dear Sirc: We are pleased to quote the replacement of a 10-ton condensing unit with a 10-ton. Carrier Model. 438AE012501 including all necessary piping , vriring,root N,,‘7,l,ork , ,hoisting .i and electrical ,./iring for the stun of : Five .ou...sa.nd Six Hundred Eighteen and no/1.00 ($5 ,618 . 00) . Sincerely, ASSOCIATED MECHANICAL CONTRACTORS, INC,- 11 i ) (;)//// ----;- , ' Joseph M. Sand, Jr. President JMS/gep , ,,,„ .. , ,,. /r Q- HOOV— AIRE, INC. -�R` Sa o � � �'� CI (CATIONS 6840 Shingle Creek Pkwy. _,Nn FTIMATE Minneapolis, Minnesota 55430 (612) 566-0610 j (.- ► Y Or Ak"0e JOB NOW f�`1 k'S fas --; ,Lt1 _._ V 1 '._ 1` 5.(.--__. JOB 1. 1,CiVTI A of , (44 -55319 _- __,` DATE OF PLANS Grt -- --� :,„,or nor essnry h :ne completion : t,,,, Rein OVA L.- 1 v 723 Ki 0.0.0>b t isG L)kirr t ec A c-- r iJ 6 _ -J J c t_ t —r 1-11 G� � - -��-�/'-'`r' _T__l,1 0 _7;,v �u,�'.� 67107,(A1. _C.�_ -----_C.�-I�1.1-r'.._._�1�F_1 r 0 Po A c-- _.._ IV e_�i c s A-1_L L A--r e/N C> , (k_.aLe-0...) t r 140 I rt.) C[-t- +JvP,- ter--l ra y tc. furn,sh material and Labor-- complete in .s% x Ua A-06 l tki s) _47 toN%y /t1 _ ) ,,lied All work to P completed in a substantial workmanlike eq wpm:tted, per stars and prathces. Any alteration or deviation from Ar n.. r fra costs will be executed only upon written orders,and will bemre an e estimate. All agreemeio contingent upon strikes accidents Of delays ' ,rry tire tornado and other necessary insurance Our worker;aT f"J7 No+, W: „non Insurance w In r]xiIhiec�O day:, r`1...iNiCE OF PROPOSAL The above prices specibcatrons and conditions are ' +r. to ^ cepted You are authorized to do the work as specified Payment we! be Signatu'o IlL MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Finance Department Operations DATE: August 5, 1981 If there is an interest on the part of any council member to have an orientation with the Finance Department, I will be happy to hold such a session either during a work day or after hours. General subjects to be covered could include duties and functions of the department, services available and the reports that we receive from Logis. Due to the uncertainty of being able to take vacation time, I would suggest the first week of September. - J MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Amendment to City and Shak-O-Valley Amateur Hockey, Inc . Lease Agreement DATE: August 14, 1981 Introduction City Council directed City staff this spring to draft an amendment to the above mentioned lease agreement to prevent further liens against the City. Also attached is the Release Agreement for your information . Amendment The attached amendment includes several changes including the one requested by City Council listed under Section 5 . ARTICLE XVIII . Action Requested Approval of an amendment to the Lease Agreement between the City and the Shak-O-Valley Amateur Hockey, Inc. , dated September 16, 1980, and authorize proper officials to execute same . JKA/jms Law Offices of / I �. 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 August 14, 1981 Mr. John Anderson Shakopee City Administrator 129 East 1st Avenue Shakopee, MN 55379 Dear John: Enclosed please find an original and two copies of the Amendment to Lease Agreement which should be presented to the Council together with the appropriate resolutions adopting the same. I am also enclosing a copy of the Mutual Release and Stipulation of Dismissal with Prejudice, together with the attached Mechanic's Lien Satisfactions. The original of the Satisfaction was filed with the Hennepin County Recorder and the Stipulation filed with the Clerk of Court. Please call me if you have any questions. Yours very truly, KRASS, MEYER & KANNING CHARTERED Philip T. Kanning PTK:smb Enclosures File #1-1373-114 /( AMENDMENT TO LEASE AGREEMENT WHEREAS, the City of Shakopee, a Minnesota municipal 'corporation, (hereinafter designated and referred to as "Lessor") and Shak-O-Valley Amateur Hockey, Inc. , a Minnesota non-profit corporation, (hereinafter designated and referred to as "Tenant") did on the 16th day of September, 1980, enter into a Lease Agreement, (hereinafter "Lease") ; and, WHEREAS, the parties hereto wish to amend said Lease Agreement to provide for certain additional terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, which each of the parties hereto acknowledge as adequate and sufficient, the parties hereto agree as follows: 1. ARTICLE IV. USE shall be amended to read as follows: -"4. 1 The demised premises shall be used for purposes of an ice arena and for such activities as may be lawfully carried on, in and about the demised premises. Tenant shall not use or occupy the demised premises or knowingly permit the demised premises to be used or occupied contrary to any statute, rule, ordinance, requirement or regulation applicable thereto, or in any manner which would substantially diminish the value or usefulness of the demised premises or any part thereof. " 2. ARTICLE XI . DEFAULTS OF TENANT shall be amended to read as follows : "11. 1 If, during the initial term of this Lease or any renewal term (a) the Tenant shall fail to continue the use of the demised premises, or (b) make an assignment for the benefit of creditors , or (c) a volun- tary petition be filed by the Tenant under any law having for its purpose the adjudication of the Tenant a bankrupt, or (d) a receiver be appointed for the property of the Tenant by reason of insolvency of the Tenant, the occurrence of any such contingency shall be deemed a breach of the Lease and this Lease shall , ipso facto upon the happening of any of said contingencies be terminated and the same shall expirE as fully and completely as if the day of the happening of such contingency were the date herein specifically fixed for the expiration of the initial term or any renewal term, and the Tenant will then quit and surrender the demised premises to the Lessor, but the Tenant shall remain liable as hereinafter provided. 11.3 The specified remedies to which the Lessor may resort under the terms of this Lease are accumulative and are not intended to be exclusive of any other remedies or means of redress to which the Lessor may be lawfully entitled in case of a breach or threatened breach by the Tenant of any provision of this Lease. The failure of the Lessor to insist in any one or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such covenant or option. In addition to the other remedies in this Lease provided, the Lessor shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, of any of the covenants, conditions or provisions of this Lease. " 3. ARTICLE XII. ASSIGNMENT shall be amended to read as follows: "12.1 The Tenant shall not assign this Lease, either in whole or in part, nor sublet or mortgage the leasehold interest of Tenant or any part or parts thereof, provided, however, that this condition shall not prevent the Tenant from leasing space within the demised premises on an hourly or similar basis for purposes connected with the use of the demised premises as an ice facility. " //C2- - 4. /G- 4. ARTICLE XIV. MISCELLANEOUS shall be amended to read as follows: "14.2 The Tenant agrees to permit the Lessor, or its authorized repre- sentatives to enter upon the demised premises at all reasonable times-for the purpose of inspecting the same and making necessary repairs to any facility on the demised premises which the Lessor maintains or operates. 14.6 The Tenant shall , upon termination of this Lease, for any reason whatsoever, surrender to the Lessor the buildings, structures, fixtures and building equipment upon the demised premises, together with all additions, alterations and replacements hereof. " 5. ARTICLE XVIII. WAIVER OF MECHANICS LIEN shall be added and read as follows: "18. 1 Before commencing any improvement to the premises, or allowing any materials, labor or services to be supplied for improvement to the premises, the Tenant shall provide the Lessor with mechanic lien waivers properly executed by all suppliers of labor and/or materials. Failure of the Tenant to provide said waivers shall constitute a breach of this Lease Agreement and shall entitle the Lessor to any and all remedies hereinbefore set forth. " 6. ARTICLE XIX. NOTICE shall be added and read as follows: "19. 1 During the term of this Lease and any extension thereof, Tenant shall cause to be posted in a conspicuous place on the premises, and in a manner clearly visible to the public, a notice stating that the Lessor, the City of Shakopee, is not responsible for the cost of any labor, materials or supplies provided for use or improvement of the premises . " 7. All other articles in that Lease Agreement dated September 16, 1980, its terms and conditions , shall remain and be in effect as of the date thereof. This Amendment to -tease Agreement is authorized and pursuant to Resolution- -ND —adopted and adjourned in regular session of the Shakopee City Council on the -_ _-day- of , 1981. IN WITNESS WHEREOF, each of the parties hereto have caused this Amendment to Lease to be executed as of the date and year first above written. CITY OF SHAKOPEE By Walter C. Harbeck, Mayor and By John Anderson, City Administrator SHAK-O-VALLEY AMATEUR HOCKEY, INC. By Its Present and Approved as to form this /3 day .f August, 1981. By 41, Its Secretary/Treasurer Philip / . Ka. ing Assistant S akopee Ci y Attorney / /r(2, STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1981 , by Walter C. Harbeck and John Anderson, respectively, the Mayor and the City Administrator for the City of Shakopee, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1981, by and , respectively, the President and Secretary/Treasurer of Shak-O-Valley Amateur Hockey, Inc. , a Minnesota non-profit corporation, on behalf of the corporation. Notary Public if STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT ______ ASSOCIATED MECHANICAL CONTRACTORS, INC. , Plaintiff , MUTUAL RELEASE AND STIPULATION OF -vs- DISMISSAL WITH PREJUDICE SHAK-O-VALLEY AMATEUR HOCKEY, INC. and CITY Court Case No: 81-02925 OF SHAKOPEE, Defendants. WHEREAS, the above named parties have pending in this Court, claims, one against the other, arising out of a certain construction contract, more specifically described in the Complaint and Bill of Particulars of Associated Mechanical Contractors, Inc. , as Answered, Counterclaimed and Cross-claimed by the other parties hereto, and; WHEREAS, Northland Electric Supply Company, has filed with the appropriate city and county agencies, a mechanic ' s lien covering certain electrical materials, supplies and apparatuses provided in the construction and improvement of an ice arena owned and operated by defendant, Shak-O-Valley Amateur Hockey, Inc . ; that the alleged value of said lien is $9 , 089 . 33; that the mechanic' s lien statement filed with the Scott County Register of Deeds by plaintiff , Associated Mechanical Contractors, Inc. , as Document No. 180751 includes the value of the claim made by Northland Electric Company; the Complaint of plaintiff in foreclosure of said mechanic' s lien makes claim for the total amount owed to plaintiff and to Northland Electric Supply Company, as subcontractor, by the defendants herein, and; WHEREAS , each of the parties hereto have resolved their respective differences relating to this litigation and desire to release and discharge all obligations, liabilities and rights that they may have against each other, arising out of the construction contract described above , the mechanic's liens filed, and the pending litigation. NOW THEREFORE , in consideration of the Mutual Releases herein- after contained , along with other good and valuable consideration, the receipt and sufficiency of which is hereby severally acknowledged by all the parties hereto, each party hereto voluntarily and knowingly executes this Mutual Release with the express intent of effecting the extinguishment of any and all rights, claims, obligations and liabilities as hereinbefore designed, and more fully set forth as follows: 1 . Defendant, Shak-O-Valley Amateur Hockey, Inc. , shall pay to Associated Mechanical Contractors, Inc. , in full and final satis- faction of the claims set forth herein the sum of $67,500. 00. In consideration therefore, and in consideration of the other covenants and agreements contained herein, Associated Mechanical Contractors, Inc. agree to save, hold harmless and indemnify the defendants, and each of them, from any and all claims, damages or liability incurred by any other materialman, contractor or subcontractor working under the direction or control of Associated Mechanical Contractors, Inc. including but not limited to Northland Electric Supply Company, its successors and assigns. It is understood and agreed that Associated Mechanical Contractors, Inc. shall not be financially responsible for materialmen , suppliers , contractors or subcontractors not acting under its supervision or control or not otherwise mentioned herein. 2 . Associated Mechanical Contractors, Inc. , with the intention of binding itself , its officers, legal representatives, successors and assigns , hereby expressly releases and forever discharges Shak- a-Valley Amateur Hockey, Inc. , and the City of Shakopee from any and all claims or liability relating to the construction contract dated September 16 , 1980; the Bill of Particulars attached to its Complaint and marked therein as Exhibit "A" ; and that mechanic' s lien filed by Associated Mechanical Contractors, Inc. against Shak- a-Valley Amateur Hockey, Inc. with the Register of Deeds in the County of Scott, State of Minnesota , on the 26th day of March, 1981 , and recorded as Document 180751 . ti C - 3 . Northland Electric Supply Company with the intention of binding itself, its officers, legal representatives, successors and assigns, hereby expressly releases and forever discharges Shak-O- Valley Amateur Hockey, Inc. , and the City of Shakopee of any and all claims or liability relating to the construction contract dated September 16, 1980; the Bill of Particulars attached to the Complaint of Associated Mechanical Con�ractors, Inc. , and marked therein as its Exhibit "B" ; and that mechanic ' s lien filed by Northland Electric Supply, Company against Shak-O-Valley Amateur Hockey, Inc. , with the Register of Deeds in the County of Scott, State of Minnesota, on the 10th day of April , 1981 , and recorded as Document No. 180969 . 4 . Shak-O-Valley Amateur Hockey, Inc . , and the City of Shakopee, with the intention of binding themselves, their officers, legal repre- sentatives; successors and assigns, hereby, expressly release and forever discharge Associated Mechanical Contractors, Inc. , of any and all claims or liability relating to the construction contract dated September 16, 1980; entered into by Shak-O-Valley Amateur Hockey, Inc. , and Associated Mechanical Contractors, Inc. 5. Shak-O-Valley Amateur Hockey, Inc. , and the City of Shakopee, with the intention of binding themselves, their officers, legal repre- sentatives, successors and assigns, hereby, expressly release and forever discharge Northland Electric Supply Company of any and all claims or liability relating to the construction contract dated September 16, 1980; entered into by Shak-O-Valley Amateur Hockey, Inc . , and Associated Mechanical Contractors, Inc . 6 . The City of Shakopee hereby expressly releases and further discharges Shak-O-Valley Amateur Hockey, Inc . , from any claims for breach or violation of the terms of that certain Lease Agreement dated September 16, 1980, and amended August , 1981 , it being the inten- tion of the parties hereto that this release and discharge shall be specifically limited to the claim of Associated Mechanical Contractors, Inc. , and Northland Electric Supply Company, and no action to cancel sal,' Lease will be based upon this alleged claim. // G 7. For and in consideration of the covenants and agreements contained herein, Associated Mechanical Contractors, Inc. , through its authorized agents and representatives , shall execute, contempora- neously herewith, a Satisfaction of Mechanic ' s Lien by Corporation, in the form set out in Exhibit " 1" . 8 . For and in consideration of the covenants and agreements contained herein, Northland Electric Supply Company, through its authorized agents and representatives, shall execute, contemporaneously herewith, a Satisfaction of Mechanic' s Lien by Corporation, in the form set out in Exhibit " 2" . ASSOCIATED MECHANICAL CONTRACTORS, INC. B Y 04,144.tiol. NORTHLAN 'E SUPPLY COMPANY BY: J l SHAK-O-VALLEY AMATEUR HOCKEY, INC. Q BY: .--1/I— eZz v--- •S011. AV 0/ ,e - / Y OF SHAKOPEE B Y: ,--="1"- ----_ ' GTS f„e_c_... -- i r //',:....-:_)0,,4; - - 7-41A-------- .-- ____y 11 G STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this /' day of August, 1981 , before me, a Notary Public within and for said County, personally appeared �,}pcepL, M. &Ukci -c-„ 7 to me known to be the r`P.a.(, e�A of ASSOCIATED MECHANICAL CONTRACTORS, INC. , the corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation and 4e acknowledged the said instrument to be the free act and deed of said corpoat ' ` —TT— .esu CR( Notaxx.,,,P �-- STATE OF MINNESOTA ) ) ss . - COUNTY OF fit_,.,'r,>..e��`i,,� On this -� , day of August, 1981 , before me, a Notary Public within and for said County, personally appeared 19. 4ti-ii" ? , to me known to be the L ;._ of NORTHLAND ELECTRIC SUPPLY COMPANY , the corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation and &C acknowledged the said instrument to be the free act and deed of said corporation. . . '-7_-;6?; =7/7z Notary U is . STATE OF MINNESOTA ) ) ss . . COUNTY OF ) On this /y day of August, 1981 , before me , a Notary PUblic within and for said County, personally appeared �cr` 21C.1_� cet el,,..,� '��`�'�`'`� „4 , to me known to be the _L k tiC `( vof SHAK-O-VALLEY AMATEUR ,K-, M LIOCKEY , INC. , the corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation and `iVV, acknowledged the said instrument to be the free act and deed e said cor i+ L t4 /7 (L -t. c. Notary P blic /79 STATE OF MINNESOTA) ss . COUNTY OF SCOTT ) On this day of August, 1981 , before me, a Notary Public, within and for said County, personally appeared Walter C. Harbeck and John K. Anderson, to me known to be the Mayor and City Administrator, respectively, of the City of Shakopee, the corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation and Walter C. Harbeck and John K. Anderson acknowledged the said instrument to be the free act and deed of said corporation. « hI rr.._ PHILIP T. KANNING A -f .1.1 NOTARY PUBLIC-MINNESOTA d} T SCOTT COUNTY NotslAy P lic NA1..• My Ccmmtsslon E.o.res Nov. 7,1952 ,'•!! tJ: r, rsignc'+1', a • . , ` the verified statement and claim for which, /ears rife ` ' 1. 1' tt,ay of Al.)r11 ll - 19 81, was executed by.. ..._ Associated Mc._ GI i ca 1. Con t ract(lrs, Inc. • against Shak-O-Valley Amateur Hockey, Inc. and was filed for record in the office of the Register of Deeds in and for the County of....,Scott and State of Minnesota, on the 26th day of • March . . ......... 1981, and recorded in.7;?foTtx as Doc. X)K. No.. 180751 W.....xx , is fully satisfied, released and discharged, the debt secured thereby hal•+n, been paid in full. 4nd the Register of Deeds of said County is hereby authorized and directed to discharge the same upon the record thereof, according to the statutes in. such case provided. 3n Megtimottp EZIbereof, The said corporation has caused these \ presents to be executed in ils corporate name by its President and its.. ..t e-i...1.. .... . and its corporate seal to \ be hereunto affixed this 1`f.` day of,.,�--tiye`-it-I , 19J./. . / U . ...A.SSOC IATED.-i .CHAN1.0 I,....G.ON . CTO S INC. sPresident . , 'tate of ,Hinne�ota, Its L% �/ County of w,a.CfC. j r. iV ` The foregoing 'nstrument was acknowledged before me this _ _ _, tial � _ of >� �f. S a / -. <,z -,ec.` . . . . _ corporation, on behalf of the corporation. _ THIS INSTRUMENT WAS DRAFTED BY Ili- ,..4.--,K,.... . JASPERS, MORIARTY AND WALBURG, P.A. 206 Scott Street (Name) PHILIP T. WINING Shakopee, MN 5 5 3 P'91dna*) I''i'a' NOTARY PUBLIC—MINNESOTA SCOTT GOUNMmi My Commission Expires Novov• 7.1982 L— RXHTRTT "1 " 8ratlataeNar d Wa\atalt'a Usu. Miller-Davis Co., Minneapolis By eor,.raa.v. rrrr Form No.84-M Minnesota Uniform Conveyancing Blanks (Revised 1973) nobs 211 ,men bp ttjege 1ressentz, That a certain Mechanic's Lien now owned by the undersigned, a corporation under the laws of the State o f. ... . M..-nn.e.s o t.a. the verified statement and claim for which bears date the . .1.Q.th day of. .April. 19.. 84-was executed by Northland .Electric .Supply -Company. against Shak.-0-Valley....Ama.te.ur....Hockey Association and was filed for record in the office of the Register of Deeds in and for the County of.....S.Co.t.t and State of Minnesota, on the 10.t,h. day of......Ap.x..i..l 19 84.and records recorded gatcwoorx....as....Dsacumeot....No. 1.8..0.9.6.9..__ . . ..... ............, ALxxxxxx, is fully satisfied, released and discharged, the debt secured thereby having been paid in full. 4nd the Register of Deeds of said County is hereby authorized and directed to discharge the same upon the record thereof, according to the statutes in such case provided. In llre%cttmonp ., bertof, The said corporation has caused these presents to be executed in. its corporate name by its 1 President and its and its corporate seal to be hereunto affixed this day of , 19....8.1. Northland Ele • •0- Company .... ............ .. .. Its.....j r - President estate of ';' innesota, } I M. Its County of il,�,r5/.dl..f0iA/ The foregoing instrument was acknowledged before me Hits ..Sg day of_ AK..GYS.7 , 19 _8 " - , by Cy4. 4'7z4e6C.s.E2 of.XoRT.Hl.AN.D....EL.Ec.?11%c.....Sq..i.fri,..YCv0! 1744 /E s u T .4 /� _. corporation, on behalf of the corporation. t--' yl THIS INSTRUMENT WAS DRAFTED BY _JASPERS, MORIARTY AND WAT.BIJRG, P .A. i/ . .f... • (Nam.) . _.. 206 Scott Street- Shakopee, Minnesota (Ate i79 EXHIBIT -2- I IN /1 Memo To : Mayor and Council From: John K. Anderson, City Administrator RE : Donald Techs Driveway Date : August 15 , 1981 Introduction : City Council , at its August 4, 1981 meeting, instructed the City Administrator to meet with Mr. Tech regarding his easterly driveway which he had formerly used for storing vehicles etc . Background : I met with Mr. Tech August 13 , 1981 and we reviewed his problem with this additional driveway on the easterly edge of his property. There are three problems : 1--When 7th Street was extended the grade was changed and the curb cut is now 8-12 inches lower than the earth behind it leading to his property; 2--There is an SPUC light pole blocking the driveway entrance ; and 3--Mr. Tech maintains that the northerly end of this driveway was cut down , excavated out , when outlot A was constructed as a holding pond . It is difficult to determine what kind of driveway Mr. Tech had prior to the extension of 7th Street . To resolve the three problems above it would require : 1--Cutting down the earth immediately behind the driveway curb cut and pushing the earth to the rear to provide some of the fill Mr. Tech is looking for, estimated at $200.00 , 2--Move the light pole 4-5 feet to the east estimated at $65 . (SPDC estimate) , and 3--A few additional loads of fill 2-3 to bring the rear on northerly end of his driveway up to its original grade , estimated at $75 .00 . Recommendation : I recommend that this work be done while the alley contractor is still working on the Eastview Project and that the cost be charged to the Eastview Project , or, General Fund Contingencies if this appears to be beyond normal project related expenses . The Gen . Fund balance is $44,571 . Action Required : ot, 'on authorizing driveway excavating, filland the moving of a city 1ht: pole for Donald Tech at an estimated cost of $ 340.00 to be charmed to the Eastvi e,J Project . JKA/gs