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11/17/1981
n � n MEMO TO: Mayor and City Council U FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE : November 12 , 1981 1 . The house presently parked at the corner of CR #16 and CR #83 should be moved to Prior Lake this week according to LeRoy. 2 . The next SPUC - NSP negotiating session is tentatively set for November 25 , 1981 at 9 A.M. All of the industries involved, with the exception of Midland Glass , have now provided SPUC ' s consultant with load data for financial analysis . I will let you know how the meeting goes . 3 . Susan Fredeen Eck has filed a claim against the City for impro- per building inspection done by Mike Goldberg. The problem is with the roof; it was designed properly, installed improperly. LeRoy has given the claim to our insurance carrier and Rod Krass will be handling the case for the City. I will keep you posted. 4. Attached is a copy of Rod Krass ' letter to the Met Council regarding their Sludge and Solid Waste Candidate Site Selection. 5 . Attached is the Scott County Public Hearing schedule for Solid Waste (sanitary landfill) Landfill Siting Selection. 6. Attached are Dave Durenberger and Tom Hagedorn ' s responses to our letters re : Revenue Sharing. 7 . Attached is Tom Hagedorn' s response to our letter on Urban Highway Funding. 8. Attached is Bob Schmitz ' s response to our letter regarding the problems we may face in 1982 given the State ' s lid on bond interest . 9 . Attached are the 10/27/81 Eastside Park Steering Committee minutes . 10. Attached are the Expenditure and Revenue Reports for the period ending October 30, 1981 . 11 . Attached is the Building Inspector ' s monthly report for the period ending October 31 , 1981 . 12 . Attached are the minutes of the October 14, 1981 ICC meeting Note the election of officers . 13 . Attached are the minutes of the October 7 , 1981 SPUC meeting. 14. Ron Kanne , who owns a rental home at 204 West 8th Avenue, had problems with a sewer back-up. He had his private line repaired but feels the problem was the City ' s . We turned it over to the insurance company in accordance with our new policy. They found no negligence on the part of the City and "no propery damage". If you are contacted by Mr. Kane the item should go on the Council agenda according to our policy. Law Offices of KRASS, MEYER & KANNING Chartered Phillip R. Krass Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kanning Shakopee, Minnesota 55379 Trevor R. Walsten (612)445-5080 November 9, 1981 Mr. Charles Weaver Chairman Metropolitan Council 300 Metro Square 7th and Robert Streets St. Paul , MN 55101 Re: MWCC Sludge and Solid Waste Candidate Site Selection Dear Chairman Weaver: The City Council of the City of Shakopee has directed me to correspond with you relative to the inclusion of site No. 31 , often referred to as the Shakopee Scottland site, and those candidate sites forwarded to the Director of the Minnesota Pollution Control Agency pursuant to Section 473. 153, Subd. 2. As you may well be aware, several years ago, the Metropolitan Waste Control Commission instituted litigation against the City of Shakopee in an effort to obtain a declaratory judgment that the Scottland site could be utilized as a site on which its Blue Lake sludge could be placed in rather heavy concen- trations as a soil conditioner. The purpose of such use was , of course, to dis- pose of the Blue Lake sludge. The City of Shakopee resisted that suit due to our belief that the site was intrinsically unsuitable for such use because of the potential contamination of subsurface water and the proximity of significant number of residential homes and home sites. At the conclusion of the litigation, the Honorable Lawrence J. Lenertz determined that the application of Blue Lake Sludge in this particular site would constitute hazardous waste and, therefore, needed approval from the PollutionControl Agency. the MWCC appealed the case to the Supreme Court and while the case was pending, the City of Shakopee and the MWCC worked with several other groups and agencies to draft the above-referenced statute to handle the problem the MWCC faced. The initial legislation required the Metropolitan Council to select three candidate sites for the disposal of sewage sludge and three more sites for the disposal of solid waste (solid waste being basically the ash residue from the incineration of sewage sludge. ) Unbeknownst to the City of Shakopee, the Metropolitan Council , and/or the MWCC went back to the legislature and had that Statute amended to mandate the selection of six candidate sites for the disposal sewage sludge and solid waste. r Mr. Charles Weaver Page 2 November 9, 1981 Throughout the entire selection process engaged in by the Metropolitan Council , it is our understanding that all sites were considered and accepted or rejected on the basis of the site suitability for the reception of both sewage sludge and solid waste in conformance with the amended Statute. The one exception to this criteria was site No. 31 , the Shakopee Scottland site, which always remained on the list in a category of its own, apparently intended to receive only sewage sludge. To the best of my knowledge, no other site was so considered and it is our firm opinion that the Scottland site has been appended onto the list throughout the entire selection process , and now forwarded to the Pdlution Control Agency, only because the MWCC owns it. The City of Shakopee and the residents surrounding site No. 31 are extremely concerned about this entire site selection process and are most aggrieved that the Metropolitan Council has seen fit to include site No. 31 in the manner I have described. The Shakopee City Council wishes to make known its clear intent, expressed on many occasions to representatives of both the Metrpolitan Council and the MWCC, to take any actions necessary to require site No. 31 to meet the same criteria and adhere to the same process as all other sites. The purpose of this letter is to make certain that all parties to the process understand Shakopee's concerns and position. Thank you very much for your consideration. Yours very truly, KRASS, MEYER & KANNING CHARTERED Phillip R. Krass PRK:ph File #1-1373-123 cc Mr. John Anderson ✓ Mr. William Sando State Rep. Thomas Reese Senator Robert Schmitz Salisbury Adams Director of Minn. Pollution Control icarr COUNTY COURT HOUSE - SHAKOPEE, MN. 55379 (612) 445-7750 5. RECEIVED NOTICE OF A MEETING NOV 6 19 81 CITY QF SHA CQQ The Scott County Board of Commissioners will consider the selection of four sanitary landfill sites and one demolition debris landfill site to be submitted to the Metropolitan Council as an inventory of potential dis- posal sites pursuant to the Waste Management Act of 1980. The meeting will be held on Tuesday, November 24, 1981 at 11:00 a.m. in the Commissioners Board Room in the Scott County Courthouse, Shakopee, Minnesota. Background: The Scott County Solid Waste Advisory Committee/Landfill Siting Task- force identified six potential disposal sites on June 3, 1981. They are listed below: 1. Credit River Site - (sanitary landfill) Portions of Sections 27, 28, 33, Credit River Township 2. Louisville Site - (sanitary landfill) Portions of Section 16, 21, Louisville Township 3. New Market Site - (sanitary landfill) Part of Section 23, New Market Township 4. Prior Lake Aggregates Site - (demolition debris) SE% of Section 31, City of Savage. 5. Savage Site - (sanitary landfill) Part of Section 19, City of Savage. 6. Spring Lake Site - (sanitary landfill) NE% of Section 23, Spring Lake Township On October 19, 1981, the Minnesota Pollution Control Agency certified all six sites as intrinsically suitable for the types of waste (sanitary or demoli- tion) proposed. (See list above) Note: The New Market site was approved as intrinsically suitable for a sanitary landfill even though the hearing examiner and MPCA staff had recommended that it only be approved for demolition debris. Pre-registration to Speak Persons interested in addressing the Scott County Commissioners should contact the Scott County Office of Planning, Inspections and Environmental Health at 445-7750, ext. 354, and request to be placed on the list of persons ALLEN J. FRECHETTE Environmental Health Specialist Office of Planning & Zoning Scott County Is An Equal Opportunity Employer interested in commenting on the landfill selection. Please indicate which site you wish to comment on. Persons who are pre-registered to speak will be called upon in the order that their names are received, except that persons pre-registered to represent a group of individuals will be given priority. Testimony will be taken on one site at a time in alphabetical order, (as listed here) . There will be a noon recess from 12:00 to 1 :30 p.m. Unita) Ztafeenate Fl=p,r1v -11 *sP` WASHINGTON. D.C. 20510 NOV 12 19531 October 31, 1981 CITY OF SHAKOPEE Mr. John K. Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee , Minnesota 55379 Dear John : Thank you fcr contacting my office concerning General Revenue Sharing. • I was an early supporter of the revenue sharing program, because it partially returned to the states a windfall in revenues the federal government realized as inflation pushed tax payers into even higher federal income tax brackets. Revenue sharing was a way of returning to the states what amounted to an automatic income tax increase for which Congress was never required to vote. Now that the Congress has adopted my amendment to index inflation out of the federal income tax effective in 1985, we can rethink the role of general revenue sharing. In my capacity as Chairman of the Senate Intergovernmental Relations Suicommittee, I put some of my thoughts in a letter to the President, a copy of which is enclosed. I am also a member of the Finance Committee that handles revenue sharing. Until we devise a better approach, revenue sharing is the one program that offers states and localities both revenues and the flexibility they require to deliver public services efficiently to their citizens, and I am strongly supporting it. Again, thank you for contacting my office. Please stay in touch. 8 Si erely, ,A4 I • 111° .7; Day- .urenbergr.r United States Senator DD/stf Enclosure ROBERT J.DOLC,RAMS.,CHAIRMAN .. ROG PACKw000,ORES. RUSSELL R.LOHO,LA. WILLIAM V.ROTH.JR.OCL. HARRY I.SYNC.JR..VA, ,,rr JOHN C.DAM/OATH,MO. LLOYD R[NTSEN. JOHN N. CHAELE. 5.1. MARK M.MATSUNAGA,HAWAII JOHN HEINZ. LL RAK MI.UCUS. PATRICK MOYLA.AM, Crtif Z fa fez �enate MALCOLY WALLOP, WYO. YAK MVCUf, MONT. /YI {a {L DAVID DUR[NR[RO[R, MINK. DAVID L. ROREN, OKLA. WILLIAM L.ARMSTRONG, COLO. RILL EMIADLEY, N.J. COMMITTEE ON FINANCE STEVEN O.IYMMS, IDAHO OEOROC J.MITCHELL.MAIM[ CHARLES C.GRAISLCY.IOWA WASHINGTON.D.C. 20510 BORE AT C.LIOHTII2ER.CHICP COUNSEL. MICHAEL STERN.MINORITT STA?P DIRECTOR September 23 , 1981 The President The White House Washington , D . C . Dear Mr . President : Your leadership has provided the country with a unique opportunity to recognize , discuss and solve the severe challenges facing our nation . You have shown the courage to tackle the tough problems and the ability to gain the support and understanding of the American public . I 've supported your Program for Economic Recovery because I believe your administration is on the right track . Even though I have not always agreed with some of the specifics , I believe your overall program offers the best hope of restoring the confidence and vitality of our country . Now , Mr . President , I am respectfully requesting that you make another difficult decision . High interest rates , the prospect of mounting deficits in the national budget , and wavering confidence in our commitment to hold national spending in check threaten our economic recovery . We must send a signal to Wall Street that is felt on Main Street . That signal must be strong enough to carry our message throughout the country. Such a signal would be cancellation of the MX missile system, a program which threatens to undercut • both our economic security and our defense posture by diverting billions of dollars from clear and compelling needs to a system which would have only a marginal effect on our overall strength . I recognize that our strategic nuclear forces have served and will continue to serve as the backbone of our defense , and that we cannot overlook threats to their viability . Unfortunately , however , no one has found a basing mode for the MX that will provide an adequate defense at an affordable cost and in reasonable time . And if it makes little sense to deploy 200 missiles in 4600 shelters , it makes even less sense to deploy 100 missiles in 1000 ove..r) President Reagan September 23 , 1981 Page Two shelters or to undertake other halfway measures . This would make it easier rather than harder for an adversary to target our ICBM force . It would also be a foot in the door for further expansion into an unworkable program. You were rightfully an early critic of the basing scheme devised by President Carter, recognizing that it would prove unnecessarily costly, potentially unreliable , and unduly bound to the constraints of an arms control approach which did not enjoy the essential confidence of the American public . I continue to share those beliefs . Cancelling the MX missile could save an estimated $35 billion over the next eight years , including as much as $2 . 4 billion in Fiscal Year 1982 . Such a dramatic decision would serve notice to all Americans that we are committed to reining in national spending and that cuts in national programs will be even-handed and spread fairly among all sectors . Certainly, the MX missile has the potential to play an important role in our nation' s defenses . In fact , I am hopeful that a sensible and affordable basing scheme can be found . If so , you can count on my support . But the MX missile must be assessed with the same critical eye we use for all other components of our defense posture or , for that matter , any other national program. I believe it is essential that we as a nation strengthen our country' s defense . But this calls for decisions to cancel as well as decisions to build . As you have articulated so many times in the past , Mr . President , the foundation of our overall strength is our economy and the vitality of the American people . With- out economic security at home and without the confidence of the public , we risk both delaying our economic recovery and losing the consensus necessary to continue rebuilding our strength . I support your efforts to confine increases in defense *spending to those areas which are important and to reduce wasteful or less- than-vital programs for the defense budget . Such efforts indicate to the American public that no area of government activity is immune from the scrutiny which government spending must undergo . However , I am not convinced that the reductions in defense spending recently announced are sufficient either to reduce the deficit or to provide to all Americans clear evidence that they are not alone in their belt-tightening . President Reagan September 23 , 1981 Page Three I recognize that vast areas of the defense budget - - such as salaries for military personnel or stocks of material - - continue to be underfunded . And I recognize that many reforms can and should be undertaken , as they have been , in such activities as procurement . But more must be done to seek out pro which while desireable in the abstract , are ' ot imp- at yee t a time of general economic and milita e .sion. 1 espeetfu ly y urs , g41, ' k ve Dure be .g,dr ited Sates Senator DD : son TOM H AGE DO R N DISTRICT OFFICES 2ND DISI'RIOT, MINNESOTA P.O.Box 3148 M ANKATO,MINNESOTA 56001 COMMITTEI_S: (507)387-8226 AGRICULTURE PUBLIC WORKS AND Congress of tIje 211 SOUTH NEWTON STREET niteb iptateg ALBERT LF.A, MINNESOTA 56007 TRANSPORTATION ji)otn‘e of eprefSentatibe (507)377-1676 g WASHINGTON OFFICE: RONALD K.ENCS y�y. q 11+� ADMINISTRATIVE ASSISTANT 440 CANNON HOUSE OFFICE BUILDING (1'.IP'1I ` r0 ' .!�„4 1 2or ie/ WASHINGTON,D.C. 20515 {Mtd ) U R,4' (2C2)225-2472 November 3, 1981 R EC El vED NOV 91981 Mr. John K. Anderson City Administrator CITY OF SHAKOPEE City of Shakopee 129 E. First :ve. Shakopee Mi ii-rota 55379 Dear M Than 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. In his latest budget message, President Reagan proposed a 12 percent across—the—board reduction in non—defense spending. I am generally supportive of these cuts because I believe strongly in the necessity of reducing federal spending in order to move the country toward economic recovery. Furthermore, I do not think that any area of spending, including revenue sharing, is sacrosanct and should be exempted from the serious efforts to impose economy on the federal budget. I am a strong supporter of the revenue sharing program and of the block grant concept in general. I favor a system in which federal funds are channeled directly to the localities, where they can be put to the best and most efficient use. In my opinion, this approach is more effective than providing the states with monies that can serve as a disincentive to disciplining their own budgetary spending. Be assured that I will continue to support this kind of "no strings attached” approach to decentralizing government. However, I think revenue sharing should be subject to the same fiscal austerity as other federal programs, and I do not think that this particular program has been asked to share a disproportionate share of the reductions. Again, thank you for writing. I hope you will continue to keep me informed of your views on other issues of mutual interest and concern. With kind regards, I am Sincerely, &EDORN Member of Congress TH/lb TOM HAGEDORfV DlsrRlcTacrlcrs: 2ND DISTRICT,MINNESOTA. P.O.Box 3148 MANKATO,MINNESOTA 58001 COMIA ITTEES; n eu! (� a y� © (507)967-6220 AGRICULTURE OngVe of the I�lteb tate L 21 f SOUTH NEWTON STREET PUBLIC WORKS AND ALBERT LEA, MINNESOTA 56007 TRANSPORTATION ou5e of .31 epretentatibel (507)977-1676 WASHINGTON OFFICE; RONALD K.ENCS 23.44 RAYBURN HOUSE OFFICE Rl°.DINO ALMINISTPATIVE ASSISTANT WASHINGTON,D.C. 20515 Eatizbingtof, Z.C. 20515 � �,} (zo2)225-2472 November 3 , 1981 ' r k, ; '" it, aajavi (•.;iV 9 ))81 Mr. John K. Anderson City AdministratoCITY � ' City of Shakopee C i Y OF SHAKOPEE 129 East First Avenue Shakopee , Minnesota 55379 Dear Mr. Anderson: I appreciate your writing me to express the City Council' s views with regard to urban highway funding. I have traditionally supported a large highway construction program because of the dedicated funding source that pays for such projects . As long as users of America' s highways continue to support construction programs through payment of the federal gasoline tax, I believe the federal government should honor its commitment and spend the money on highways . Additionally, so long as highways are wearing out 50% fast- er than they are being replaced, I shall oppose diverting Highway Trust Fund dollars for other purposes . However , the problem in Minnesota is not a lack of federal dollars . The problem is in coming up with state or local matching funds to qualify for participation in the federal program. Each year, federal apportionments are made that are never used. I appreciate your legitimate concern for the future of the highway program -- both urban and rural -- and you may rest assured that I ' ll continue to support a strong national program. Sincerely , AFK:,...ltahog^"1 Tom Hagedor Member of ' ongress TH: sm rsity w. a WED NOV 5 1981 ROBERT J. SCHMITZ. Senator 36th District Route ti 1 CITY OF MAK0p� Jordan, Minnesota 55352 Seflate ice 235 State Capitol St. Paul, M 55155 State of Minnesota Phone: (612)296-7157 November 3 , 1981 Mr. John K. Anderson City Administrator 129 East 1st Avenue Shakopee , Minnesota 55379 Dear John : Thank you for writing me with your concerns over interest rate limits on bonds , as well as the limitation on the sale of tax exempt bonds . Please be assured that I do not support any limitations on the sale of such bonds . I believe that each individual community and their local governmental bodies are responsible enough to know what limitations their respective communities can afford . The present limitations only serve to bind the hands of responsible people who wish to stimulate their economic growth . I have already contacted the Senate Tax Committee expressing these concerns . As session begins , I will keep you informed as to which direction these limitations may be heading . I have already heard some people express intentions of placing interest limitations on Industrial Revenue Bonds , which do not exist at this time. I will also oppose any move in that direction . I do not favor any limitations . I will call on you when this issue comes before the Legislature . In the meantime , if you have any further questions or concerns , please feel free to contact me . Sincerely', ;i (R'/O!*./; )CiF—' Chairman Senate Veterans ' Affairs Committee RJS/st COMMITTEES • Chairman, Veterans Affairs • Rules & Administration • Transportation • Taxes & Tax Laws • Elections& Reapportionment s \ 1 / SHAKOPEE EASTSIDE PARK STEERING COMMITTEE The steering committee met on October 27, 1981 at 7 p.m. at the shelter/warming house . The following were present: Jim Cook, Bob Meadows , JackCole, Chuck Rieck, George Muenchow, Dick Schoenecker, Bob Langer, Phillis Martinson and Gwen Ellingson. Jim Cook, President, welcomed Dick Schoenecker to our steering committee and thanked him for all his valuable help in getting the shelter/warming house in shape . • Jim Cook,„ President, called the meeting to order and then made a special "Thank You" speech to all the members who helped in any and every way to make the shelter/warming house look so good. The members and neighbours gave of their time and energies and expertise and we all felt proud of the result. Thank you all. * Then Jim Cook outlined the work that still needs to be done and just who offered to do it. To be done Who offered to do it Trim sliding doors - Steering committee - school will provide locks for their partition Put in new door - City crew Stain outside of building - Steering committee to do next spring Install light pole - S .E. on open skating, Lou Van Hout to do this - Eldon Reinke will finish electrical when light pole is put in. A special thank you to Mr. Reinke for donating his time and electrical supplies for this shelter/warming house. Repair windows & install window guards - City crew Install inside and outside light guards - City crew Put in insulation and put up wallboard - City crew Finish benches - Steering committee Install lock on loft door - City crew Put up a ramp - City crew Seeding of rinks - City crew to do next spring The excess wood is to go to the City crew. There followed a discussion on where to ask for money that will be needed to purchase the heaters . ' Jim Cook offered to approach either Rotary or the J .C. ' s . • 0 Everyone seemed pleased with the new playground equipment and the use it has been getting. Jim Cook offered to ask John Neely to take a picture of the children on this equipment to put in the paper. The meeting adjourned and the next meeting will be held November 17 1981 at 7 p. m. at the shelter/warming house. 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I W 1 ] V r rt 9 0 U1 r N tin UI N QC N N W V N 4r 9 r r r r UI O 40o-.00 N N.W sO c], N 9 N3 N U1 W D` 44 c•:(.4 CO N 0'0-.0.07 n N O O O CO 0 0(A 0 0. 0 9 O<r V-I 0 C? 50 N a'O UI r r CC W:V Cb A N N v.A CD -0 , A 3'D: (A r :: ..s..4.CD UI.U1.J W CO CD 00(0 D V -.)UI F 0 4. • • • • • • • • • • • • • • • • • •'-• • • • • • • • • • • • • • • • • • • • 0 •-. .4 0 0 W 0 0 o r 0 W V c o ]a O N O 0 O .4 o 0 o p O u N c,3 0-a 0 0 0 0 0 o N Z 0 N 0 5Q '' N N O')CO 3 W 0,G C7 a :) 0 r u O c.: :11)C3? :7 0 UI,'0..' 0 0a1 .'.CA u N Cln0 T. I I I I I I I I ) r r r4-r- N .+ N r•' rt a% V i> r CT -I Cr, o r r.Q is o N 0' P N V r'LA 4 CO•+ CT 0 .- 0 F J) -4 S co r W A W r V a-)NJ (A CO 0'40 - • • •� • • • • • • • • • • • • • • • • • • • • V c.) r CD N N CTS '-3W C0 41... V -i 341..0. N '-• •'3 S 411. n -4 N) _ - /, CITY OF SHAKOPEE BUILDING ACTIVITY REPORT October, 1981 PERMITS ISSUED Yr. to Date Total Previous Year Number Number Valuation Number Valuation 5467-5490 .MO . YTD. Single Fam. -Sewered 1 25 1 ,461 , 500 7 24 1 ,411 ,240 Single Fam. -Septic 1 8 642 ,000 Multiple Dwellings 1 12 1 ,352 ,400 4 16 3 , 182 ,438 (Mo.Units) (YTD Units) (2 ) (34) ( 9) ( 109) Dwelling Additions 3 25 170, 913 2 18 104,000 Other - - - 1 12 ,000 Business District - 3* 240,000 1 9 3 ,317 ,500 Agricultural - 1 132 ,000 - 2 23 ,000 Industrial -Sewered 1 4 2 , 593 ,000 - 23 21 , 961 , 590 Industrial -Septic - 3 792 ,000 Accessory/Garages 4 . 36 204, 998 6 30 143 ,418 Signs & Fences 2 12 16, 868 1 17 36, 133 Fireplaces/Wood Stove 6 15 104,075 - - _ Grading/Foundation 1 3 ' 209 ,000 - 4 30, 600 Remodeling (Res. ) 2 32 130, 800 9 50 84, 102 Remodeling ( Inst . ) - 2 5 ,300 1 4 156 , 500 Remodeling (Other) 1 32 1 ,389 ,000 4 38 640,320 TOTAL TAXABLE 23 211 9 ,438 , 554 34 232 30, 946,341 TOTAL INSTITUTICNAL _ 2 5 , 300 1 4 156, 500 GRAND TOTAL 23 213 9 ,443 ,854 35 236 31 , 102 ,841 MO . YTD . MO . YTD . Variances 1 6 1 9 Conditional Use - 15 2 14 Re-Zoning _ 1 - 8 Moving _ 3 - 2 Electric Permits 24 173 19 176 Plmbg. & Htg. Permits 20 166 25 151 Razing Permits Residential _ _ _ 1 Commercial _ _ _ - Total dwelling units in City after completion of all construction permitted to date 3 ,500 *Circus tent - no valuation Cora Underwood Bldg. Dept. Secretary /7 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN OCTOBER, 1981 5467 Xuan Nguyen 407 MN St. Garage $ 2 , 600 5468 Ruben Ruehle MN Valley Mall Alteration 12 ,000 5469 James Back Rt 1 , Box 1000J Chimney 250 5470 Donald Schultz 408 Cass St. Fireplace 2, 500 5471 Charles Stans 735 W. 4th Chimney 200 5472 Clete Link �1�Q Ol E. 4th Duplex-1 unit of 44, 200 cot. i, . " � ;z� 5473 Clete Link 13 E 4th Duplex-1 unit of 44, 20Q o?, 4. /, <="5`;,-.6'l =4, 5474 Clete Link 937 E. 4th Garage 4, 100 5475 Harold Welter Rt 2 , Box 621 Shed 10, 530 5476 4% Shoppe 502 East 1st Sign 200 5477 Derald Feltman 1187 VanBuren Addition 4,000 5478 Edward Hennen 870 Prairie House 52, 500 ,/, ,43 -V, /S1' 5479 Laurent Bldrs. 1806 35th Ave. House 80,000 ,Q /J5 as 5480 Michael Busch 532 E. 7th Remodel 5 ,000 5481 Stan Stejskal 326 Fillmore Addition 11 , 176 5482 Gene Juergens 2231 Hillside Dr Garage 9,408 5483 Valley Fair Footings 150,000 5484 Stephen Plonski 1015 E. Shakopee Wood Stove 500 5485 Nathan Friberg 1126 Jackson St Finish Bsmt . 3 ,000 5486 John Ponterio 1409 W. 6th Ave Fireplace 2,425 5487 Albert Henderson 627 E. 1st Ave Addition 9, 100 5488 J . I . Case 6340 Hwy 101 Sign 950 5489 Edward Goerish 814 Lewis Chimney 200 5490 Amcon Corp . 781 Industrial Cir. Addition 250,000 TOTAL: $ 699,039 4°14! Industrial-Commercial Commission Shakopee, MN October 14, 1981 MINUTES Vice-Chairman O'Neill called the meeting to order at 5:00 p.m. in the City Council Chambers of the City of Shakopee, MN. Present: Commissioners Jim O' Neill , Al Furrie, Don Woodward, Jake Manahan Advisor Gary Eastlund Chamber Liaison Bill Wermerskirchen,Sr. Absent: Commissioner Paul Wermerskirchen Don Woodward/ Bill Wermerskirchen moved to approve the minutes of the September 9, 1981 meeting. Motion passed. Election of officers; to fill current vacancies; term ending December 31, 1981 Nominations for Chairman were requested. Jim O'Neill was nominated in a motion by Al Furrie, seconded by Don Woodward. Motion was made to cease nominations by Don Woodward , seconded by Bill Wermerskirchen. Motions passed. Nominations for Vice-Chairman were requested. Al Furrie was nominated in a motion by Jake Manahan, seconded by Don Woodward. Motion was made to cease nominations by Don Woodward, Bill Wermerskirchen. Motions passed. Motion made and seconded by Jake Manahan, Don Woodward to cast an unanimous ballot for Jim O'Neill for Chairman and Al Furrie for Vice-Chairman. Motion passed. Industry Day 1982 O' Neill presented a note form John K. Anderson, City Administrator, stating that the City Council had voted to continue the Industrial Day budget at $5,000, Discussion followed on the idpas for next year's Industrial Day; thoughts expressed about the reason for having such a promotional day vs. a social function. Several ideas were: a brochure to be mailed, touringthe K-Mart facility, perhaps wait one year and then in 1983 go big again when hopefully the construction industry would be in better conditions . Al Furrie emphasized that the main thought behind any such promotion is to promote why Shakopee is the best industrial place to locate a new facility. Jim O' Neill asked for a concensus on the following: in lieu of a formal invitation to prospective tax payers & industries , a mailer could be sent out indicating benefits of locating in Shakopee as this year's Industrial Day activity; unless , specifically directed otherwise by the City Council . Concensus was indicated. Al Furrie was appointed chairman of Industrial Day for 1982 and stated that he will get together with Gary Eastlund and use the past years' Industrial Day brochure as a starting point. Ideas will be reviewed at next month's meeting. Y , page 2 /i2 ICC minutes October 14, 1981 Industrial Revenue Bonds The City Council accepted the ICC recommendation sent to them in September. Gary Eastlund distributed a copy of Rep Charles Rangel 's proposed legislation, HR 4420, to change IRBs , to terminate small issues. As proposed, the changes would be effective 12/31/81 and would exempt only targetted economically disadvantaged areas. Jim O'Neill stated that the NAILP is fighting this bill with a Washington lobby and will offer another bill itself. Rail Corridor Jim O'Neill reported on a letter from Jeanne Andre regarding a survey being done by MnDOT of local rail needs. Discussion followed on the high-speed rail line from Iowa to the Twin Cities and other thoughts on Chicago-NW expansion plans in east Shakopee. Gary Eastlund stated that as of a conversation he had with Chicago-NW in September, 1981 , they had no plans for abandonments in Shakopee. He offered to contact Chicago-NW and get a letter of clarification for the November ICC meeting. The question was posed if Chicago-NW is considering coal train transport through Shakopee and the likelihood of a rail representa- tive coming to an ICC meeting to discuss same. Jim O'Neill will get together with Gary Eastlund to decide the exact information being requested by the City of the ICC, and perhaps to invite a rail representa- tive to come to an ICC meeting. Next meeting is scheduled to November 11 , 1981 at 5 pm. in the City Council Chambers. M/S/P Don Woodward, Jake Manahan to adjourn the meeting. Meeting adjourned. Respectfully submitted, Glenda D. Spiotta Recording Secretary /. MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on October 7, 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 Nol fng. Also Manager Yam Flout, Superintendent Leaveck and Secretary Barbara Menden, Bill Runge from Rahr Malting Co, also attended. Motion by Nolting, seconded by Reinke that the minutes of the August 31, 1981 and September 14, 1981 special meeting be approved as kept, Motion carried. BILLS READ: City of Shakopee 20,032.00 AirCommt Inc. 65.50 Auto Central Supply 82,76 American Casting & Mfg Corp. 140.89 B & B Transformer 1,600.00 Battery Tire Warehouse 6,07 Dolores Taylor 25.00 Border States Supply Co. 27,625.00 Burmeister Electric Co. 201.20 Burroughs Corporation 358.86 City of Shakopee 1,633.39 City of Chaska 760.50 Clay's Printing Service 264.49 Copy Equipment 65.00 Davies Water Equipment Co. 999.27 Dicks Service 13.00 Ditch. Witch of Minn. , Inc. 101.71 Dressen Oil Co. 196.85 Dunnings Hardware 19.36 Electol Equipment, Inc, 21.15 The Power Line 25.00 Feed-Rite Controls 879.30 Fox Valley Marketing Systems, Inc. 89.47 General Electric 55.00 Graybar 563.89 H & C electric Supply 186.80 Krass, Meyer & Kanning 132.00 Leef Bros. , Inc. 49.75 Curtin Matheson Scientific Inc. 28.86 Metro Sales Inc. 169.93 Minnetonka Testing Laboratory 17.50 Monego, LTD 11.00 Motor Parts Service Co, 153.84 Ted Neisen 468.00 Northern States Power Co. 1,193.59 Northern States Power Co. 172,401. 72 13 Northern States Power Co. 528.20 Chas Olson and Sons, Inc. 190.19 Pearson Florists 27.95 E.H. Renner & Sons, Inc. 15,540.00 Terrill Roquette 32.68 Scott County Sheriff 463.45 Serco Laboratories, Inc. 52.00 Shakopee OK Hardware 15.64 Shakopee Oil Co. 22.50 SPUC (Petty Cash) 175.04 Shakopee Services 36.00 Shakopee Valley News 73.14 Tom Siebenaler 14.58 Dean Smith Trenching Inc. 122.50 Software Consultants, Inc. 350.00 Starks Cleaning Services 17.30 State of Minn. Dept. of Labor and Industry 12.00 State Agency Revolving Fund 11.09 State Planning Agency Finance Section 444.96 Stemmer Farm and Garden Supply 17.90 Suel Business Equipment 230.34 T & R electric Supply Co. , Inc. 1,935.00 Underground Piercing Inc, 178.50 Utilities Telecommunications Council 55.00 Valley Industrial Propane 9.73 Lou Van Hout 109.05 WESCO 14,243.48 Motion by Nolting, seconded by Reinke that the bills be allowed and ordered paid. Motion carried, Commissioner Nolting informed the Commission of communication by Ed Hennen on the possibility of paying for the underground service for the six lots that he has purchased in the Eastview Addition in order to obtain permanent service to the lots. Motion by Reinke, seconded by Bishop to request a meeting with Mr. Hennen at the next Commission meeting on November 9, 1981 and that we will be working with our attorneys in the interim time to resolve the problem. Motion carried. Commissioner Nolting voted no. Manager Van Hout reported the hiring of a new lineman. He will be reporting for work around November 2, 1981. Manager Van Hout presented a report from the Department of Health on the Shakopee Public Utilities Commission water system. The recommended changes by the Health Department will be dealt with. Also let the record show that the Shakopee Public Utilities Commission received the Minnesota Department of Health Sanitation and Safety rating dated June 24, 1981 and acknowledged our place in the higher safety ratings. Commissioner Reinke reported that the Council had passed a motion requesting that the updated report be brought back to the Council when some of the items on the report were completed. Manager Van Hout reported on the Northern States Power Company acquisition progress. 13 The SPUC has asked for release forms from people whose loads were a significant impact on our sustem. To date all release forms have been returned but one. Motion by Reinke, seconded by Nolting to authorize a report by Ehlers and Associates and also fron Peat, Marwick and Company to stay within our timetable for the NSP acquisitions. Motion carried. It was decided by the Utilities Commission to wait until after the meeting with Ehlers and Associates to set up the meeting date for the negotiating team to meet with Northern States Power Company. Manager Van Hout gave a report on the progress for our filing for Lock and Dam No. 2. We have filed for a preliminary permit. Boardman, Suhr and Company are looking into the matter for the SPUC. Motion by Nolting, seconded by Reinke to hire Boardman, Suhr and Company to represent the Shakopee Public Utilites Commission for the acquisition for Lock and Dam No. 2. Motion carried. Manager Van Hout gave an update on the acquisition for the Minnesota Valley Electric Coop customers and lines. Motion by Nolting, seconded by Reinke to offer Resolution #232 A Resolution Approving an Improvement, Approving Plans and Specifications, and Designating A Project Engineer Water Supply Well No. 6 City of Shakopee Contract No. 82-2KT. Ayes: Commissioner Bishop, Reinke and Nolting. Nayes: none. Resolution passed. Motion carried. Motion by Reinke, seconded by Nolting to offer Resolution #233 A Resolution Adopting a Budget Plan for. Electric Heat Consumers. Ayes: Commissioners Bishop, Nolting and Reinke. Nayes: none. Resolution passed. Motion carried. The poleyard purchase is now complete. The Shakopee Public Utilities staff is working on the drainage problem for the area. The office remodeling was discussed. A tentative date for the November 9, 1981 Utility meeting was set up for a permanent plan to be presented to the Commission with the Manager and Secretary's recommendations. The Second Avenue watermain east of Market Street was presented for comments by the Commission by Manager Van Hout. A discussion followed. Motion by Reinke, seconded by Nolting to request the City Council to form a public improvement project to be 100% assessed on the Second Avenue watermain east of Market Street. Motion carried. A plat for Hauer 3rd. Addition was advised to the Commission. The next meeting date was set for November 9, 1981 at 4:30 PM in the Utilities meeting room. Commissioner Reinke reported to the Commission on an item tabled by the Council regarding forcing all persons to hook up to City Water. Motion by Reinke, seconded by Nolting that the meeting be adjourned. Motion carried. sYt 9 /, Lou Van Bout, Manager t TENTATIVE AGENDA ADJ.SPECIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 17 , 1981 Mayor Harbeck presiding 1 ] Roll Call at 7 : 30 P.M. 2] Approval of Minutes of October 20th and November 4, 1981 3] Communications : a] League of Mn. Cities re : Federal Tax Status of Local Fire Fighter and Police Relief Association b] League of Mn. Cities re : Threat to City Finances Grows with Governor/Delayed Payment Problem c] National League of Cities re: General Revenue Sharing 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS : 6 ] Old Business : a] Five Year Capital Improvement Program (bring memo 9d of 10/20 mtg) b] Storm Sewer Financing (bring memo 9c of 11/4 mtg) Also, bring the Fuller Street Storm Sewer Feasibility Study dated 8/14/81 c] Upper Valley Drainage (bring memo 9d of 11/4 mtg) 7 ] Planning Commission Recommendations : -f- a] Lot Split Policy 8] Resolutions and Ordinances : 4- a] Res . No. 1938, Accepting Work on 80-9 Weinandt Acres 1st Add'n. _f- b] Res . No. 1937 , Declaring The Cost to be Assessed and Ordering the Preparation of Proposed Supplemental Assessment 80-9 Weinandt Acres 1st Add'n . j- c] Ord. No. 79, Amending Chapter 6 of the City Code , Setting Fees by Resolution d] Ord. No . 80, Amending Chapter 10 of the City Code, Setting Fees by Resolution 1 . e ] Res . No. 1940, Attending Res . No. 1906 Relating to $1 , 100,000 TT Commercial Development Revenue Note (Valley Industrial Center 2) W f] Res . No . 1941 , Authorizing Acquisition and Construction of A Project on Behalf of S & W Realty (Red Owl) - Final Approval - Commercial Development Revenue Notes 9] New Business : a] 8: 30 P.M. Kathy Moore , Metropolitan Waste Management Board )1n.0Q) b] 8: 45 P.M. Applications from Iowa Falls , Inc. for On Sale and �/ Sunday Intoxicating Liquor Licenses c] Permanent Improvement Revolving (PIR) Fund f- d] Contract for 1982/83 Refuse Collection e] Energy Saving Recommendation fJ Metro Government Commission review of Metropolitan Council �- g Request for Vacation of Shakopee Ave\. Jefferson to Adams 4. 10] Consent Business : a] Appointment of Philip Byfolk to the Industrial Commercial Development Comm. - appointment okayed with J. O'Neill b] Set public hearing date for vacation of certain easements in Macey 2nd Addition for Dec . 15th at 8: 30 P.M. c] Agreement for purchase of abandoned RR property adjacent to the library and authorize earnest payment in amount of $1 ,000 0 If -�- 11 ] Other Business : 0J 12 ] Adjourn John K. Anderson City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE Adjourned Special Session November 17 , 1981 Chairman Hullander presiding 1 . Roll call at 7 :00 P.M. 2 . Approve Minutes of November 4, 1981 3 . Fourth and Minnesota Neighborhood Revitalization Project a . Oral report on contractor proposals b. Vacation of Easement 4. Elderly Highrise a. Certificate of Completion b. Modification of redevelopment project =(delayed for attorney' s input) 5 . Payment of Bills a. National Association of Housing and Redevelopment Officials , $35 .00, membership fee for Jeanne Andre b. 6. Othe' business Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 4, 1981 Chrm. Hullander called the meeting to order at 7:00 P.M. with Comm. Colligan, Lebens, Reinke and Leroux present. Also present were Jeanne Andre, HRA Director and John Ko Anderson, City Admr. Colligan/Leroux moved to accept the special meeting call. Motion carried unani- mously. Leroux/Lebens moved to approve the minutes of October 20, 1981 as kept. Motion carried unanimously. The HRA Director initiated discussion regarding expanding the tax increment district for the Elderly Highrise Redevelopment Project. She stated the Ass't City Attorney determined the park improvements along Levee Drive could not be undertaken with tax increment funds, but the extension of Levee Drive could possibly be an eligible project if the road is necessary for the project. Discussion followed. Leroux/Reinke moved to direct staff to prepare a resolution for the HRA at its next meeting to modify the project and to find that the road is necessary. The HRA Director stated the feasibility report on the road extension is scheduled to be com- pleted in January, 1982. Motion carried unanimously. Discussion was held regarding issuing a certificate of completion for the Elderly Highrise Redevelopment Project and how that would affect solving several problems at the highrise. It was decided not to issue this certificate at this time pending a report on the resolution of the existing problems. Leroux/Lebens moved to develop Lots 3, 4 and 5, Block 3 with 235 funds available now, by setting aside Lot 5 for construction of a four bedroom, single family home and construction of a zero-lot-line twin home on Lots 3 and 4+, each side to be a two- or three-bedroom unit, with the added authorization to make a walkway for children in the northerly easement of Lot 3 . Motion carried unanimously. Colligan/Lebens moved to authorize the HRA Director to negotiate the construction of these two units by soliciting proposals on all those contractors who have previ- ously contracted with the HRA to construct homes in this project. Motion carried unanimously. Leroux/Colligan moved to authorize appropriate HRA officials to make, execute and deliver deed to Lot 11, Block 2, Macey Second Addition, subject to inspection and approval by staff of improvements constructed therein, to Pomije Custom Homes, Inc. This action to be in accordance with contract for deed between Pomije Custom Homes, Inc. and the Shakopee HRA, for the purpose of conveying said property to authorized buyer identified by HRA. Roll Call.: Ayes; Unanimous Noes; None Motion carried. Leroux/Lebens moved to authorize appropriate HRA officials to make, execute and deliver deed to Lot 10, Block 3, Macey Second Addition, subject to inspection and approval by staff of improvements constructed therein, to Pomije Custom Homes, Inc. This action to be in accordance with contract for deed between Pomije Custom Homes, Inc. and the Shakopee HRA, for the purpose of conveying said property to authorized buyer identified by HRA. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee HRA November 4, 1981 7/ Page 2 Lebens/Colligan moved to authorize payment of the bills as presented: 1. Tom Siebenaler, $1,201.50 for installation of sod. 2. Al's Landscaping, $657.69 for landscaping, and $90.00 for bushes. 3. Suburban Engineering, $151.00, for as-built lot survey. 4. Community Development Digest, $147.00 for subscription. Roll Call': Ayes; Unanimous Noes; None Motion carried. Lebens/Colligan moved to approve the purchase of Olivetti ET 221 electronic type- writer at a base cost of $2020, with trade-in of $456 for a net cost of $1564 in fiscal year 1981. Roll Call: Ayes; Unanimous Noes; None Motion carried. The HRA Director reported on information received from the League of Cities sub- committee regarding State of Minnesota involvement in the Small Cities Community Development Block Grant. Leroux/Lebens moved to write a letter to the Department of Energy, Planning and Development supporting the position presented by the HRA Director that Shakopee (1) objects to having the state take over the program in 1982, and recommend that the State prepare the rule-making procedures now to take over the program in 1983, and (2) support the position of having the State award 100% of the points involved in the rating of the proposals, with regional planning commission involved in A-95 review only. Motion carried unanimously. Colligan/Leroux moved to adjourn to November 17, 1981. Motion carried unanimously. Meeting adjourned at 7:43 P.M. Jeanne Andre HRA Executive Director Diane S. Beuch Recording Secretary 1-+t 3 b CouhG1 (0E MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: Vacation of Easement DATE:. November 13 , 1981 Introduction The HRA has decided to build a twin home with zero lot line on Lots 3 and 4, Block 3 Macey Second Addition. In order to effectively carry out this activity, the drainage and utility easements adja- cent to the lot line dividing these two lots must be vacated. Background Previous twin homes built in Macey Second Addition were constructed on lots which were split during the platting process . The existing plat has a 10 foot easement dedicated on either side of the lot line between Lots 3 and 4, Block 3 because these lots were originally planned for single family dwellings . In order- to construct a twin home on these lots as directed by the HRA, the easement must be vacated. The procedure to be followed is as follows : 1 . HRA (property owner) requests City Council to vacate easement . 2 . City Council sets public hearing with 14 day publication notice . 3 . City; staff consult with Shakopee Public Utilities regarding their interest in the easement . 4. Public hearing is held. 5 . City Council takes action to approve or deny vacation. Requested Action (see attached plat map for visual delineation) HRA: Request Shakopee City Council to vacate drainage and utility easements in Macey Second Addition as follows : 10 feet on the southerly boundary of Lot 3 , Block 3 , except the most easterly 10 feet and the most westerly 10 feet thereof; 10 feet on the northerly boundary of Lot 4, Block 3 except the most easterly 10 feet and the most westerly 10 feet thereof . City Council : Set public hearing on vacation of drainage and utility easements in Macey Second Addition for December 15 , 1981 , at 8: 30 p.m. for the following described property: 10 feet on the southerly boundary of Lot 3 , Block 3 , except the most easterly 10 feet and the most westerly 10 feet thereof ; 10 feet on the northerly boundary of Lot 4, Block 3 except the most easterly 10 feet and the most westerly 10 feet thereof . 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' ra' MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: Certificate of Completion for Elderly Highrise Redevelopment Project No. 1 DATE: " November 13 , 1981 Introduction The authorization to execute the Certificate of Completion for the Elderly Highrise Redevelopment Project No. 1 was delayed at the November 4, 1981 meeting of the HRA until the issue of the building elevator performance could be further investigated. Background Numerous reports on the malfunction of the sole elevator at the elderly highrise have been received by City staff and Council members . To investigate the current status of this situation the following reports were solicited: 1 . John' Bergstad reported that a major repair was made to the elevator at the time of the building 11 month inspection on October 23 , 1981 . It was discovered that the rails on which the elevator moves were not aligned, causing it to shut down. This problem was corrected and new shoes installed. He knows of no problems since this repair, although the eleva- tor company performed its normal monthly check-up on November first. 2 . Discussion with numerous highrise residents including Jesse Maas , Helen Bealty, Helen Sebald and Al Menden confirmed that the elevator had been good for about two or three weeks, the last major problem causing the elevator to be shut down for the whole morning on a Friday. These reports seem to coincide with Mr. Bergstad ' s report. Helen Sebald did report that the elevator didn ' t work for a short time the morning of November 9, 1981, although it seemed to be quickly back in order with no known repairs . Based on these reports it appears that any major problems with the elevator have been resolved. If any further reports of malfunction are received by Council members , the date, time, duration and nature of the problem should be noted as well as the name. of the person reporting the problem so that staff will have a better basis for further inquiries . Requested Action Authorize HRA Executive Director to execute Certificat of Comple- tion to 200 Levee Drive Associates for the developer undertakings in the Elderly Highrise Redevelopment Project No. 1 . JA/jms OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 20, 1981 Vice Mayor Reinke called the meeting to order at 7:35 P.M. with Cncl. Leroux, Hullander, Lebens and Colligan present. Mayor Harbeck had earlier called in that he would be 20 minutes late. Also present were Julius A. Coller, II, City Attorney; Judith S. Cox, City Clerk and John K. Anderson, City Admr. Hullander/Lebens moved to approve the minutes of September 15, 1981, September 28, 1981 and September 29, 1981 as kept. Motion carried unanimously. The City Admr. summarized the letter from Marcia Spagnola of the Shakopee League of Women Voters regarding their sponsorship of a political rally to be held at the Minnesota Valley Mall on Saturday, October 24, 1981. Discussion was held on a communication received from the National League of Cities regarding pending legislation regarding highway funding and hazardous waste. Cncl. Hullander stated he could not support H.R. 3210 opposing reduction in highway fund- ing. Colligan/Leroux moved to direct staff to initiate a letter from City Council to our Representatives and Senators supporting HR. 3210 and S. 960. Motion carried with Cncl. Hullander opposed. Liaison reports were received, with Cncl. Leroux stating that he had notified the Shakopee Valley News regarding the error it had printed stating that he personally was suing the Metro Waste Commission, and a retraction is supposed to be printed. Cncl. Leroux also stated the Planning Commission denied the Conditional Use Permit for a gravel pit, and that it is under appeal to the Council. Cncl. Leroux passed out copies of a letter he received from Dave Czaja regarding his concern with the J. L. Shiely operation. Cncl. Leroux asked the City Attorney to research how Shiely obtained its permit in the first place and what are the City's options for control of the operation. Hullander/Colligan moved to table the County/Hospital Parking Lot Agreements until November 4, 1981. Motion carried unanimously. The Ass't City Attorney was present to answer any questions regarding the contracts for future trunk assessments for the property owners involved in the 80-3 Holmes Street Storm Sewer assessment appeals. Jack Brambilla stated that he had just received the contract yesterday and did not understand it all. He asked for clarification regarding interest on the trunk assessments. The Asst City Attorney stated that the interest on the trunk assess- ments will start accruing at the time the lateral assessments are set and will bear the same interest rate as the lateral assessments. There will be no interest from now until the lateral assessments are adopted. Mayor Harbeck arrived at this point, 7:50 P.M. Vice Mayor Reinke asked if there were questions from anyone else regarding the con- tract. Pat O'Connor discussed several concerns he had regarding the contract and the project, and the Ass't City Attorney answered his questions. Hullander/Lebens moved to authorize the proper City officials to execute an agree- ment for future trunk assessment with the property owners involved in the 80-3 Holmes Street Storm Sewer assessment appeals. There was a discussion about the time factor of this agreement, and the Ass't City Attorney stated this contract had no time limit on it. Pat O'Connor asked if he could sit down with the Ass't City Attorney to change this contract to make it more agreeable. Vice Mayor Reinke answered that the Council would be receptive to having the Ass't City Attorney explain the contract to him to make sure he understands it fully Shakopee City Council October 20, 1981 Page 2 Pat O'Connor asked if it was true that if the lateral doesn't give him any benefit, he will not be assessed for lateral or trunk. It was explained that if through the appeal process it was determined that his property received no lateral benefit he would then not be assessed for the lateral or the trunk improvement. Cncl. Leroux stated he had a problem with a non-terminating contract. Discussion followed about time limits, and the advisability of entering into an agreement affecting people so far in the future, rather than pursuing the matter now through the appeal process. Leroux/Lebens moved to amend the motion that approval of the contracts be subject to an added stipulation in the contracts for termination in the event no laterals are installed within 10 years from the date of the contract. Motion carried with Mayor Harbeck opposed. Main motion as amended carried with Mayor Harbeck and Cncl. Colligan opposed. Vice Chrm. Reinke passed the gavel to Mayor Harbeck. Discussion was held about the advisability of seeking to obtain a temporary restrain- ing order on the Met Council's Sludge Disposal Siting Process regarding Site 31 in Shakopee. The Ass't City Attorney stated that any action taken by the City would be seeking to preclude the Met Council from naming Site 31 as a sludge farm site, as the City cannot force them to sell the site. A restraining order could only be obtained as part and parcel of a lawsuit, in which first a temporary restraining order is requested, then a temporary injunction and then an action for permanent injunction. He stated it would take considerable time to just research the timing aspect of a suit regarding whether it should be filed now, or wait until Site 31 is in the last selection. He stated that if the action is just to let thn Met Council know the City's feelings about their selection process andits intent to challenge it, a lawsuit isn't necessary, as they are already well aware of this. He stated a lawsuit of this nature would entail a considerable amount of time and money, and he would advise waiting to see if Site 31 is still in thefinal three sites before filing a lawsuit. Discussion followed. Colligan/Hullander moved to direct the Ass't City Attorney to write a letter to the Metropolitan Council stating that Shakopee shall take legal action to remove the Scottland Site from the Council's final list of sludge and/or sludge ash disposal sites if the site is included in the final list of 3 sites. Harbeck/Leroux moved to amend the motion to include that this notification also be sent to Minn. PCA. Motion to amend carried unanimously. Main motion as amended carried unanimously. Leroux/Harbeck moved to reconsider Resolution No. 1915, Abating Assessments for Certain Parcels Involved in the Holmes. Street Storm Sewer Improvement 80-3. Motion carried unanimously. Leroux/Lebens offered Resolution No. 1915, A Resolution Abating Assessments for Certain Parcels Involved in the Holmes Street Storm Sewer Improvement 80-3 (Appealed Assessments), and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Hullander, Lebens, Reinke, Leroux, Harbeck Noes; Colligan Motion carried. Hullander/Colligan moved to direct staff to install east/west stop signs on 3rd Avenue at Fuller and remove the bush on the northeast corner of the City property, and rescind the motion of October 6th directing the installation of north/south stop signs. A brief discussion was held with Police Chief Brownell regarding stop vs. yield signs, and trimming trees at intersections. Motion carried unanimously. Hullander/Lebens moved to authorize the sale of bonds related to the Link judgment through negotiation. Roll Call: Ayes; Unanimous Noes; None Motion carried. Hullander Reinke moved to adopt the procedure of signing rezoning and subdivision sites, e f ective January 1982. Discussion followed. Shakopee Ctty Council - October 20, 1981 v Page 3 Reinke/Hullander moved to amend the motion to add that the fee for signing is to be $45.00 per instance. Motion to amend carried unanimously. Roll Call on Main Motion as Amended: Ayes; Hullander, Lebens, Reinke, Leroux, Colligan Noes; Harbeck Motion carried. Leroux/Colligan moved to approve the Preliminary Plat of Hauer's 3rd Addition sub- ject to following conditions, as recommended by Planning Commission: 1. The small triangular parcel of property abutting the northwest corns of Lot 1 should be dedicated as 11th Avenue. 2. Execution of a Developer's Agreement: a. Curb & gutter must be installed throughout Austin Court, in addition to Austin Street. b. If the two existing water service "stubs" to the plat do not match the planned lots, they must be removed. 3. The easement along the west property line of Lot 5, be increased to 10 feet on the east side of the proposed sanitary sewer pipe and up to 10 feet on the west side of the pipe where possible. 4. The subdivision be retitled "Hauer's 2nd Addition". 5. Lots 2 and 3 be redesigned in order to reduce the angle between the common lot line and Austin Court. 6. The railroad trestle be removed prior to recording the plat. 7. Approval of Title Opinion by the City Attorney. 8. A cash payment be made to the City in lieu of park dedication. Gene Hauer, the developer, stated that he already dedicated enough property 6-8 years ago in his First Addition to satisfy this addition, and so didn't think he should have to make the cash payment in lieu of the park dedication. The City Planner explained that when the first platting was done, the property was in the County, and the County stated that the amount dedicated for park was in ex- cess of the amount required and the excess should be applied to future dedication. He stated there is only the question of whether the City is bound by the County action. The Mayor stated at the time of the first platting the property was in Eagle Creek Township, not the County, and it should be covered in the orderly annexation pro- cess as far as whether the City accepts the township action. The City Attorney stated he could research that question. The City Planner stated the amount of land dedicated in the First Addition was large enough to cover both of those additions with today's requirements, he is sure, but would have to check his calculations. He also stated that he just found out about this prior dedication and the Planning Commission was not aware of it when it ap- proved the Preliminary Plat with the listed conditions. Discussion followed. Motion carried unanimously. Hullander/Leroux moved to instruct staff to research the Eagle Creek Township annexa- tion agreement as it relates to park dedication on the Hauer Preliminary Plat, and to bring this information back before the final plat is approved. .Motion carried unanimously. Colligan/Lebens offered Resolution No. 1929, A Resolution Establishing a Crime Prevention/Crime Apprehension Program for the City of Shakopee, and moved its adoption. Motion carried unanimously. Hullander/Colligan offered Ordinance No. 77, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code in Chapter 3, Entitled "Municipal Public Utilities Rules and Regulations, Francises and Rates" by Adding to Section 3.10 Thereof a New Subdivision 8 Mandating Hookups With Municipal Sewer and Water Systems Under Certain Conditions And By Adding a New Subsection 9; Providing Pelalties for the Violation Hereof, and moved its adoption. The City Admr. summarized the ordi- nance. Discussion followed. Roll Call: Ayes; Unanimous Noes; None Motion carried. Hullander/Colligan moved to approve the partial payment in the amount of $63,725.96 to Richard Knutson, Inc.for work on the 80-11 Hwy. 101 Watermain. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council October 20, 1981 Page 4 Hullander/Leroux moved to take Resolution No. 1911 volunteer Hazardous Waste Dis- posal Site (PCI Site) off the table. Motion carried unanimously. Hullander/Lebens moved to table Resolution No. 1911 volunteering Hazardous Waste Disposal Site (PCI Site). Motion carried unanimously. Lou VanHout, Utilities Manager, discussed a possible change order on Well No. 6. Hullander/Harbeck moved to authorize appropriate City officials to execute Change Order No. 2 for Halo 2nd Addition improvement, Project No. 80-10 (Schedule No. 1), in the amount of $11, 145.00. Discussion followed regarding whether or not the developer has been advised of this change. The City Engineer stated he has not. Reinke/Colligan moved to amend the Change Order to include "with approval from the developer". Motion to amend carried unanimously. Roll Call on Main Motion as Amended: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to direct staff to enter into negotiation for a new contract with G & H for- garbage pick-up. Motion carried unanimously. Cncl. Hullander left the meeting around 10:00 P.M. The City Admr. up-dated the draft of the Five Year Capital Improvement Program, informing the Council of which projects were done, in progress and budgeted. He also informed them of the additional projects listed by the Planning Commission. Considerable discussion ensued on the priorities of several projects. The consensus of the Council was to designate CR77 as a rural roadway and to take the ice arena off the list, and that CR69 be developed in connection with the County and other development in the area. The Mayor stated he thought staff should look more realistically at Revenue Sharing Funding, and check out the estimated amount for a new City Hall. Reinke/Harbeck moved to grant a step increase to Jeanette Shaner, Receptionist, from Range 2, Step 2 to Range 2, Step 3, in the amount of $826 per month retro- active to September 2, 1981. Discussion followed. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to grant a step increase to Pat Pennington, Finance Clerk, from Range 3, Step 2 to Range 3, Step 3, in the amount of $882 per month retro- active to September 29, 1981. Roll Call: Ayes; Unanimous Noes: None Motion carried. Leroux/Reinke moved that the bills in the total amount of $288,583.15 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Hullander/Reinke moved to approve the consent business as follows: 1. Authorize staff to release the Developer's Agreement for Minnesota Valley 5th Addition, after receipt of an executed park dedication agreement, and direct staff to return the certified check on deposit for the Minn. Valley 5th improvement: 2. Move to set a public hearing for November 4, 1981 at 10:00 P.M. to consider the revocation of the On Sale Club Liquor License for the American Legion. 3. Move to request the Scott County Board to take necessary legal steps to respond to the appeal on the By-Pass r-o-w map approved by the County. 4. Direct staff to prepare a resolution commencing establishing a common law dedi- cation of the road East of the Viking property from 4th Ave. to Hwy.101. 5. Accept 1980 Annual Report of the Planning Commission and Board of Adjustments and Appeals. Motion carried unanimously. Discussion was held on inviting Kathy Moore of the State Waste Management Board staff to the Council meeting of November 17, 1981 to discuss the selection process. The City Admr. stated he had a request from one of the Council candidates to have a orientation session, and he asked if he should invite all the candidates. Consensus was at his discretion. The Mayor stated the computer seminar will be Friday, November 20, 1981 at 12:30- 3:30 P.M. atL'Hotel Sofitel. Reinke/Harb€ck moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:56 P.M. Judith S. Cox Diane S. Beuch City Clerk Recording Secretary . ` ' . A OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 4, 1981 Mayor Harbeck called the meeting to order at 7:45 P.M. with Cncl. Hullander, Lebens, Reinke, Leroux and Colligan present. Also present were Julius A. Coller, II, City Attorney; H. R. Spurier, City Engineer; Judith S. Cox, City Clerk and John K. Anderson, City Admr. The Mayor stated for the record that this is a specially called meeting by the Mayor. Reinke/Lebens moved to approve the minutes of October 6, 1981 as kept. Motion carried unanimously. Liaison reports were received from Council members. Harbeck/Hullander moved to nominate Phillip Byfolk, Executive Director of Control Data, to fill the position vacated by Roger Peterson on the Industrial/Commercial Commission, contingent upon approval by Jim O'Neill. Motion carried unanimously. The Mayor asked if there was anyone in the audience who wished to address the Council on any matter not on the agenda, and there was no response. The Mayor and Cncl. Lebens objected to funding for maintenance of the drainage on abandoned railroad r-o-w north of JEJ Add'n and Scenic Hieghts Add'n to be taken from the PIR fund without any provision for reimbursement of this fund. Discussion followed. Hullander/Lebens moved to order a feasibility report for improving the drainage on abandoned railroad r-o-w north of JEJ Add'n and Scenic Heights Add'n showing alter- nate methods of funding or reimbursing the PIR Fund for the improvements. Motion carried unanimously. Leroux/Hullander moved to direct staff to continue implementing the unofficial 1981 clerical ranges through December 31, 1982, or until such time as another pay plan is adopted by City Council. Roll Call: Ayes; Unanimous Noes; None Motion carried. A brief discussion was held regarding the Five Year Capital Improvement Plan with comments being made by the Mayor regarding various projects, because he would not be present at the next Council meeting when the plan will be discussed further. Leroux/Colligan moved to table discussion on the Five Year Capital Improvement Pro- gram Plan until the Council meeting on November 10, 1981. Motion carried unanimously. Hullander/Colligan moved to maintain current policy on sewer billings that the "house" account with the water meter bear the sewer charges. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved to take Resolution No. 1911 off the table. Motion carried unanimously. Dick Mertz spoke on behalf of the Scott County Board of Commissioners stating that they were surprised at the City' s volunteering of the old PCI site for Hazardous Waste Disposal. He stated the Board would like to be informed of the City's reason- ing. Discussion followed wherein the Council mentioned various concerns it had and the contents of the resolution which would protect the City and its residents. Al Frechette made several comments regarding concerns he has with the volunteering of this site for this purpose. Discussion followed. Harbeck/Hullander moved to amend Resolution No. 1911 to add as a new No. 3 "That the City have full authority to make and enforce any health and safety regulations."; and existing No. 3 be re-numbered No. 4. Motion carried unanimously. Leroux/Colligan moved to amend Resolution No. 1911 in its heading that the word "Disposal" be changed to "Processing" and in the last word of No. 4, the word "dis- posal" be changed to "processing". Motion carried unanimously. r Shakopee City Council , November 4, 1981 Page 2 Harbeck/Leroux moved to table Resolution No. 1911, A Resolution Volunteering A Hazardous Waste Processing Site, and to request that the Waste Management Board respond in writing to Resolution No. 1911 which volunteers the site only if Shako- pee can regulate it. Motion carried unanimously. Colligan/Leroux moved to open the public hearing regarding the application for 5650,000 I.R. Bonds for Equities Unlimited. Motion carried unanimously. Stan Johannes introduced himself from Rothchild Financial Corp. and stated he was available to answer questions regarding the application. He was shown the City Planner's recommendations and stated he had no problem with them. Hullander/Colligan moved to close the public hearing. Motion carried unanimously. Hullander/Leroux moved to direct staff to prepare a preliminary resolution on this application. Motion carried with Cncl. Lebens opposed. Leroux/Harbeck offered Resolution No. 1934, A Resolution Canvassing Returns For the Municipal Election, and moved its adoption. The Mayor congratulated Cncl. Reinke and Lebens. Cncl. Hullander also extended congratulations and commented that he had never seen a mayoral race handled with such high class. Cncl. Leroux seconded the comments. Motion carried unanimously. Leroux/Hullander offered Ordinance No. 76, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Entitled "Municipal and Public Utilities - Rules and Regulations, Franchises and Rates" By Adding Thereto Section 3.03 Entitled "Prohibited Acts" and Providing Penalties for Violation Thereof, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Hullander/Colligan moved to take Ordinance No. 75 off the table. Motion carried unanimously. Discussion followed. Hullander/Lebens moved to amend Ordinance No. 75, An Ordinance of the City of Shakopee, Minnesota, Amending The Shakopee City Code, Chapter 4, Entitled "Construction Li- censing, Permits and Regulations" by Adding Thereto A Requirement For Fence Permits And Detailing Construction Requirements Of Fences and By Adopting By Reference Shako- pee City Code Chapter 1, Section 4.99, Which Among Other Things, Contain Penalty Provisions, to change No. A, 1 from "two feet" to ".05 feet". Motion carried with Cncl. Colligan opposed. Roll Call on Ordinance No. 75 as amended: Ayes; Hullander, Lebens, Reinke, Leroux, Harbeck Noes; Colligan Motion carried. Colligan/Leroux offered Ordinance No. 69, An Ordinance of the City of Shakopee Amend- ing Shakopee City Code Chapter 7 Entitled "Streets and Sidewalks Generally" By Repealing Section 7.07, Street Openings and Excavation and Adopting a new Section 7.07, Work in Public Right-of-Way; and Adopting By Reference Shakopee City Code, Chapter 1 and Section 7.99, Which Among Other Things Contain Penalty Provisions, and moved its adoption. Discussion followed with the City Engineer. Roll Call: Ayes; Unanimous Noes; None Motion carried. Harbeck/Hullander moved to amend Ordinance No. 34, Section V, second sentence, by adding the words "by resolution" between ". . .amended" and "from time to time. . .". Motion carried unanimously. Hullander/Colligan offered Ordinance No. 78, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code, Chapter 4 Entitled "Construction, Licensing, Permits and Regulations" By Repealing Section 4.20 Entitled "Construction, Alteration, Extension and Repair of Individual Sewage Disposal System" and In Lieu Thereof Adopt- ing A New Section 4.20 Entitled "Sewage Treatment System"; By Repealing Section 4.25 Thereof Entitled "Construction, Alteration, Extension and Repair Of Individual Water Supply System; And In Lieu Thereof Adopting A New Section 4.25 Entitled "Water Well Construction" And Adopting By Reference Shakopee City Code Chapter 1 and Section 4.99 Which, Among Other Things, Contain Penalty Provisions, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. ■ • action . . alert illoII1 3 b league of minnesota cities November 2, 1981 TO: Mayors, Managers and City Clerks FROM: Stan Peskar, General Counsel RE: Federal Tax Status of Local Fire Fighter and Police Relief Association Information and Action Request As many of you are aware, the federal IRS, based on revenue ruling 81-58, will rescind the tax exempt status of all those Minnesota Firefighter and Police Relief Associations which are now exempt under Internal Revenue Code Section 501 (c)(4) , beginning with calendar year 1982, The Internal Revenue Service takes the position that 501 (c)(4) , is an inappropriate classification for exemption for such relief associations, since they feel that benefits to the general public from operation of these associations are secondary to the purpose of providing benefits to the individual members. The effect of taxability, of course, would be that any taxes paid from the special funds of the associations would deminish special fund assets needed to fund promised pensions and other benefits and would thus directly add to fund requirements to be met out of the state Police and Fire Aid pro- gram and local tax levies for the special fund of each association. The state-wide organizations of the Minnesota Police, full-time firefighter and volunteer firefighters relief associations have communicated the taxability problem to the Minnesota congressional delegation, and League staff has followed up with information on the impor- tance of these matters to Minnesota cities. Federal legislation is being sought to authorize exemption of these organizations in a manner similar to that provided for teachers ' retirement under section 501 (c)(11) . This effort might be assisted by your communication with your representative and Senat, rs Durenburger and Boschwitz. Should it continue to appear that these associations are not exempt under present law and should the attempt to secure federal legislation fail , or remain in doubt past November, a League task force of city officials will likely be created to develop policies proposing legislation at the state level , to clearly make these relief associa- tions governmental entities or instrumentalities, and thus not subject to federal taxation. If you or a representative from your city are interested in participating on this task force should one be needed, please drop me a letter. For the immediate future, your concerns about this IRS policy change should be conveyed � to the Minnesota Congressional delegation. Later we may need to bring the problem to the attention of Minnesota legislators. 300 hanover building, 480 cedar street, saint paul, minnesota 55101 C6123 222-2681 SP:rmm RECEIVED �\ National 1301 Pennsylvania Avenue NW Officers: League Washington,D.C. President NOV • uuuuu ttttllll u uuuu uU uu of 20004 Mayor, H Hudnut III 2 1981 Mayor,Indianapolis.Indiana Cines (202)626-3000 First Vice President Cable:NLCITIES Ferd Harrison CITY�� �I"IICjOPEE Mayor,Scotland Neck,North ar ina Second Vice President Charles Royer Mayor.Seattle,Washington NLC LEGISLATIVE HOTLINE Immediate Past President Jessie M.Rattley Councilwoman,Newport News,Virginia 202-626-3275 Executive Director Alan Beals To: (1) Mayors and Managers of Direct Member Cities (2) Executive Directors of State Municipal Leagues (3) Steering Committee Members From: George Gross, Director, Federal Relations Subject: NLC Legislative Letter: 29 October 1981 GENERAL REVENUE SHARING Background. In his statement to the Nation on September 24 , President Reagan recommended an across-the-board 12 percent cut in numerous domestic programs, including the general revenue sharing program. The overall cut amounted to $8 .4 billion in FY 82; the proposed cut in GRS was $548 million out of the $4 . 6 billion program. As a result of Senate opposition, led by Mark Hatfield, Chairman of the Senate Appropriations Committee, the 12 percent across-the- board cut has been rejected. Only $2-3 billion will be cut from domestic programs, and, in all likelihood, an equal amount from national defense. Despite this scaling back of the President' s proposals, a cut in GRS is still possible; and, in fact, because it is a program in which immediate savings can be realized, an attempt to cut GRS is expected. City officials should be fully informed of the Senate legislative situation affecting GRS and plan to contact their Senators immediately to urge them to oppose any cut in this key program. Current Status. An appropriation of $4 . 6 billion for GRS is contained in H. R. 4034, the HUD and Independent Agencies Appropriation Bill for FY 82. This bill has passed both the House and Senate, was reconciled in Conference, and the conference report passed by the House on September 15 . The only step remain- ing is passage of the conference report by the Senate. Past Presidents:Tom Bradley,Mayor.Los Angeles,California•Henry W.Maier,Mayor.Milwaukee.Wisconsin•Tom Moody,Mayor.Columbus,Ohio•John P.Rousakis,Mayor.Savannah Georgia•Directors:Richard Arrington,Jr.,Mayor.Birmingham.Alabama•Stephen C.Bauer,Executive Director,League of Oregon Cities•Arne Boyum,Executive Director.North Dakota League of Cities•Charles G.Clack,Mayor.Garland Texas•Malcolm Clark,Council Member.Port Arthur.Texas•Thomas J.Clark,Council Member.Long Beach.California•Joanne Collins, Council Member.Kansas City Missouri•Thomas H.Cooke,Jr.,Mayor East Orange.New Jersey•Willie Dell,Councilwoman.Richmond.Virginia.Woody Etherly,Jr.,Council Member,Flint. Michigan•W.Elmer George,Executive Director.Georgia Municipal Association•Anne Gresham,Council Member,Grand Prairie,Texas•Paul E.Haney,Council Member.Rochester.New York• George Latimer,Mayor,St.Paul,Minnesota Ronald P.Lurie,Commissioner.Las Vegas.Nevada Ruth W.Messinger,Council Member.New York.New York•Robert H.Miller,Executive Director South Dakota Municipal League•Ernest N.Morial,Mayor.New Orleans.Louisiana•Mary Neuhauser,Council Member.Iowa City.Iowa•Hernan Padilla,Mayor.San Juan.Puerto Rico•Kenneth Payne,Executive Director.Rhode Island League of Cities and Towns•Donald R.Peoples,Chief Executive,Butte.Montana•Jayne H.Plank,Mayor.Kensington.Maryland•Patricia Roach, Commissioner.Dayton,Ohio•James T.Ryan,Mayor,Arlington Heights,Illinois•Arthur E.Trujillo,Mayor,Santa Fe.New Mexico•Fred Turnage,Mayor,Rocky Mount,North Carolina•John F. Watkins,Executive Director,Alabama League cf Municipalities•Daniel K.Whitehurst,Mayor.Fresno,California•Don A.Zimmerman,Executive Director.Arkansas Municipal League -2- However, Senator Jake Garn of Utah, Chairman of the Senate' s HUD- Independent Agencies Subcommittee, has held the conference report back, expecting to revise it slightly to reduce spending in response to the President' s September 24 recommendations. He is now looking at H.R. 4034 to determine what cuts to make. This appropriations bill provides funds for HUD, EPA, the Veterans Administration, the National Aeronautics and Space Administration, and a large number of smaller agenices and commissions. The major spending items include HUD' s housing and community development programs, NASA' s space programs, and veterans health programs. Unfortunately, to achieve a specified level of savings in the current fiscal year ($500 million, for example) , budget authority of $1 billion or more must be cut. The reason is that in many of these programs there is a substantial lag between appropriations and actual spending. In addition, much of the spending in this bill involves veterans programs which are extremely difficult to cut for political reasons. The appropriation-spending lag problem does not apply to GRS . Since, in this program, $4 . 6 billion will actually be spent pursuant to a $4 . 6 billion appropriation, a budget authority cut of $200 million will, in fact, save $200. Consequently, a cut in GRS presents Senator Garn and his appropriations subcommittee with a tempting target. Since GRS is an entitlement program, however, the Senate Finance Committee, which writes the authorizing legislation, is also involved. Under normal procedures, that Committee would have to amend the GRS law to achieve the cut. The appropriations committee can make the cut only if it includes the following language: "Notwithstanding any other provision of law. . . . " The Senate Finance Committee would have to agree to this, at least informally, and agree not to challenge the language on the Senate floor. At this point, no decision has been made by Senator Garn or Senator Robert Dole of Kansas, Chairman of the Finance Committee, on what, if any, cut will be proposed for GRS . However, a decision should be made by the week of November 9, when Senator Garn expects to take the HUD-Independent Agencies conference report, with amend- ments --ta- ate Senate floor. Action Needed.. City officials should contact immediately the llowin ators to urge opposition to any cut in GRS : HUD-Independent Offices Appropriations Subcommittee Jake Garn of Utah Walter Huddleston of Kentucky Lowell Weicker of Connecticut John Stennis of Mississippi Paul Laxalt of Nevada William Proxmire of Wisconsin Harrison Schmitt of New Mexico Patrick Leahy of Vermont Alfonse D'Amato of New York Jim Sasser of Tennessee Arlen Specter of Pennsylvania -3- Finance Committee Robert Dole of Kansas Russell Long of Louisiana Bob Packwood of Oregon Harry Byrd of Virginia William Roth of Delaware Lloyd Bentsen of Texas John Danforth of Missouri Spark Matsunaga of Hawaii John Chafee of Rhode Island Daniel Moynihan of New York John Heinz of Pennsylvania Max Baucus of Montana Malcolm Wallop of Wyoming David Boren of Oklahoma David Durenberger of Minnesota Bill Bradley of New Jersey William Armstrong of Colorado George Mitchell of Maine Steven Symms of Idaho Charles Grassley of Iowa It should be pointed out (1) that GRS is an entitlement program, with local governments promised full funding, just last December, for FY ' s 81, 82, and 83; (2) that most cities are already into their FY 82 fiscal years and any cut now would cause havoc in local budgets; and (3) that city programs have already taken substantial budget cuts and it is unfair to ask cities to bear a disproportionate share of new cuts well into their fiscal years. In addition, contact your own Senators to let them know of your opposition to any cut in GRS . All Senators may be reached on 202-224-3121. RECEIVED NOV 1 61981 3 C_ '1 Cnff eb ,. tat ez Zenaf e WASHINGTON. D.C. 20510 CITY OF SHAKOPEE November 10 , 1981 Mr . John K. Anderson City of Shakopee 129 E. 1st Avenue Shakopee , Minnesota 55379 Dear John : Thanks for contacting me concerning a possible reduction in General Revenue Sharing (GRS) funds . It ' s always helpful to hear from the people back in Minnesota . Your opinions influence my decisions on the Senate floor . Perhaps you are aware that I have been a long-time supporter of the General Revenue Sharing program. I feel we should have more programs that provide "no strings attached" funding to states and localities. Such programs allow states much needed flexibility to respond to the needs of their own state without having to comply with costly government regulations. Revenue sharing is probably the most efficient government program and should serve as a model for the block grants which were recently included in the Omnibus Reconciliation bill . As you may now have heard, GRS was included in President Reagan ' s overall 12 percent budget reduction proposal for Fiscal Year (FY) 1982 . It is not certain at this time whether Congress will consider the second round of cuts as a package like we did last spring or if there will be ate votes on the various components . , I want to assure you that/ I will dA all I can to retain current funding levels for rev-nue sharing and make sure it is not included in an omnibus bu.get reduction bill , if there should be one . However , if the prop.sed reductipns are packaged, it will be difficult for me to v..te against the entire package . Again , thanks for gettin• in touch j)ith me. Be assured that I will have your views in min. when this` important subject receives attention on the Senate floor/ S ' nc,. ly, 'udy Boschwitz nited States Senator RB/kb MEMO TO: John Anderson City Administrator FROM: Don Steger City Planner RE: Policy on Lot Splits DATE: November 13, 1981 Introduction: In an effort to clarify the section in the City's Subdivision Regulations which deals with small subdivisions, a policy on the procedure for splitting existing lots needs to be formulated. Background: A few weeks ago, the City Council reviewed the Planning Commission's recommendations concerning lot splits. The Planning Commission's policies were stated as follows: A. For splitting existing lots with existing buildings, a simple review by the Planning Commission would be required (no preliminary or final plat is necessary) ; B. For splitting existing lots which contain no buildings, a preliminary and final plat reviewed concurrently by both the Planning Commission and City Council would be required (normal subdivision process regarding public hearing would be followed). The City Council agreed with Policy A, but not with Policy B. The City Council agreed that all lot splits, regardless of whether the lot contains buildings or not, should be simply reviewed by the Planning Commission with no formal platting required. The City Council referred this matter back to the Planning Commission for further consideration. The Planning Commission, at their November 12th meeting, again reviewed the policies and unanimously agreed to keep their original policies with some additional clarifications. The Planning Commission's recommended policies are as follows: 1. For splitting an existing recorded lot containing an existing building(s) into 2 - 5 lots, a simple review by the Planning Commission would be required (no preliminary and final plat is necessary). A hardshell shall be required and signed prior to recording the lots. John Anderson November 13, 1981 Lot Splits Page -2- (3'/ 2. For splitting an existing recorded lot containing no building(s) into 2 - 5 lots, a preliminary and final plat reviewed concurrently by both the Planning Commission and City Council would be required (normal subdivision process regarding public hearings would be followed). The Planning Commission's Policy #2 was requested to be followed on a trial basis. If, in the future, this policy proves too time consuming or cumbersome, the Planning Commission would initiate modifications. Alternatives: 1. Concur with Planning Commission's Policy No. 1 and Policy No. 2. 2. Revise Policy No. 1 and/or Policy No. 2. Requested Action: 1. Move to adopt Policy No. 1 and Policy No. 2. 2. Instruct staff to draft an ordinance which would incorporate the policies into the Subdivision Regulations. DS/jiw ' CJ c MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier *�� City Engineer '� ' RE: 1980-9 Public Improvement ogram Weinandt Acres 1st Addition DATE: November 5, 1981 Introduction: Minnesota Valley Surfacing Company, a division of Hardrives, Route 3, Box 120, Shakopee, Minnesota has successfully completed the work for Contract No. 80-9, Weinandt Acres 1st Addition. Background: The final contract amount of $58,612.05 includes the work specified in the original contract and that work added by Change Order No. 1 approved July 28, 1981. Final payment is $3,101.60. This amount represents full and final payment for all work performed by the contractor. A detailed account of those costs is attached to the Certificate of Completion. Recommendations: It is the recommendation of City staff that final payment in the amount of $3,101.60 be authorized to Minnesota Valley Surfacing Company, Route 3, Box 120, Shakopee, Minnesota 55379 upon receipt of the payment certificate or upon receipt of lien waivers from all sub-contractors. Action Requested: Adopt Resolution No. 1938, A Resolution Accepting Work On The 1980-9 Public Improvement Program Weinandt Acres 1st Addition. HRS/jiw Attachment: Resolution No. 1938 g °L- CERTIFICATE OF COMPLETION CONTRACT NO, : 80-9 DATE: October 7 , 1981 PROJECT DESCRIPTION : Weinandt Acres 1st Addition CONTRACTOR: Minnesota Valley Surfacing Company Route 3 Box 120 Shakopee , MN 55379 ORIGINAL CONTRACT AMOUNT $ 47 , 207 . 35 QUANTITY CHANGE AMOUNT . , , , , , , , , , , , , $ CHANGE ORDER NO , 1 THRU NO. AMOUNT , , , $ 3 , 812 . 25 FINAL CONTRACT AMOUNT , , . , . , . . . . , , , , $ 58, 612 .05 LESS PREVIOUS PAYMENTS , . . , , . . , . . . . . $ 552510.45 FINAL PAYMENT , , , , , , , , , , , , , , , , , . $ 3 , 101 . 60 I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I , therefore, recommend above specified final payment be made to the above named Con ,actor , ft.,..., ;111, v. Profess on 1 Ensin•er • J PROPOSAL__SCHEDULE• PROJECT NAME Weinandt Ades 1st /lddiori Owh�_R H. L. ,Jeinandt TYPE OF WORK Roadway Construction 80 -- - -- _.. .. --- Piga NO --- __ SHF.f_T 1 OF 1 ITEM CONTRACT ITF M UNIT UNI T CONTRAC T ACTUAL NCI (4UANTITY Amount Quantity Amount MCI 1.01. 507 Grubbing Ea. S 5.0U 4 $ 20.00 -0- $ -0- 2104. • 501 Remove Pipe Culvert L.F. 50 , 0 2105. , 501 , Comnon Excavation C.Y. 1 .06 9955 10,584.10 9985 10,584.10 2211. 501 Aggregate Base Class 5 Ton 3.50 3432 12,012.00 5668 19,838.00 2331. 514 binder Course Ton 17.50 196 3,430.00 -0- -0- 2341. 508 Wear Course Ton 17.75 991 17,590.25 709 1.2,584.75 2221 . 501 Aggregate Shouldering Class 1 Ton 5.00 337 1,685.00 -0- -0- 2501. 505 24" R.C. Pipe Aprons Ea. 180.00 360.00 2 360.00 2503. 511 24" R.C. Pipe Sewer 0-8 L.F. 28.00 52 1,456.00 52 1,1456:00 Extra work - Test Stip L.S. 382.00 382.00 TOTAL $47,207.35 $45,204.85 Chg. Order No. 1 +12,117.60 13,407.20 $59,324.95 58,612.05 Change Order No. 1 1 2341 Wear Course Ton +4 20.80 265 $ 5,512.00 327 $ 6,801.60 2 Common Excavation C.Y. 1.06 5760 6,10.5.60 5760 6,105.60 3 Mobilization L.S. 500.00 .1 500.00 1 00.00 TOTAL $12,117.60 $13,407.20 i 1 it RESOLUTION NO. 1938 A Resolution Accepting Work On The 1980-9 Public Improvement Program Weinandt Acres 1st Addition WHEREAS, pursuant to a written contract signed with the City of Shakopee on October 3, , 1980, Minnesota Valley Surfacing, Division of Hardrives, Inc. , 1+563 Johnny Cake Ridge, Apple Valley, Minnesota 5512+ has satisfactorily completed the improvement of Weinandt Acres 1st Addition * • by roadway, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $3,101.60, taking the contractor's receipt in full, upon receipt of lien waivers from all sub-contractors. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981. City Attorney 10 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Weinandt Acres 1st Addition Improvement Project #80-9 DATE: November 10, 1981 Introduction The work required to construct the improvement for the above referenced project has been completed. The final costs exceed the costs assessed as outlined in the City Engineer ' s memo of November 6, 1981 (attached) . On November 6, 1981 the developer and his attorney met with the City Engineer and me to review the Engineer ' s November 6, 1981 memo in an effort to agree upon the amount of the supplemental assessment required to finance additional project costs of $17 ,273 . 72 . Problem The problem is clear. If the City doesn ' t pass a supplemental assessment equal to $17 ,273 . 72 it will be paying for a portion of the subdivision development costs . If the supplemental assessment is approved, the $17 ,273 . 72 will be absorbed by the developer, Mr. Weinandt, thus increasing his development cost and the cost of the lots he intends to sell . Furthermore, while the initial project costs were assessed up front , the supple- mental assessment must stand the benefit test . What Caused the $17 ,273 . 72 Over-run Table #1 of the City Engineer' s memo of November 6, 1981 summarizes well where the changes (increases) occurred. This was the focus of our meeting with the developer on November 6th. Listed below are the items that changed and the agreed upon (by the developer and staff) reasons for the change : Item Estimated Change Actual Cause(s) 1 . Contract $51 ,928.03 $6, 683 . 97 $58,612 .05 $6,105 Additional earthwork 500 Mobilization fee for 1981 800 Increased 1981 paving costs -721 .03 Other quantities dropped quantity totals 2 . Design 6, 819 . 82 3 ,959 . 61 10,779 .43 3,959 . 61 Additional design (consulting cost plus staking engineers) cost not in estimate Mayor and City Council November 10, 1981 Page Two Item Estimated Change Actual Cause(s) 3 . City 7 ,027 .00 -1 ,441 .00 5 ,585 .00 1 ,441 Decrease due to Engineer no staking costs 4. Improvement 1 , 732 . 61 923 . 32 2 , 655 . 93 Difference between 1980 District estimated bond sale and 1981 actual sale 5 . Unassessed 0.00 2 ,524.45 2 , 524.45 Difference in assessment Interest interest at 8. 75 as per developers agreement and actual bond sale cost to City interest of 9 .83% 6. 2 Percent 0.00 4, 623 . 37 4,623 . 37 Difference between 9 . 837 Margin (2% and 11 . 83% per our Additional assessment policy Interest) The key point in our discussions with the developer, and the key to the resolution to these change items , was that the City took a calculated risk when it assessed the project gambling that the contract ' s unit price estimates and the estimated bond interest rate would be correct . These two risks were shared by the developer until the interest rate estimate risk was eliminated as a developer risk at the October 4, 1980 public hearing when Council stated to the developer that 8. 75% would be the maximum interest charged (transcript attached) . The bond issue discussed in the tape was the May 20, 1980 issue sold at an interest rate of 6. 896%. While there may indeed have been the cash available in that issue for the Weinandt Acres project con- struction , eventually bonds would have to be sold and it is that rate, alternative #3 listed by the City Administrator in the tape (page 3) , that should have prevailed. The next bond issue included the Weinandt Acres project, and it was sold on July 7 , 1981 at an interest rate of 9 . 833%. Changes #4, #5, and #6 above are all tied to the difference between the agreed upon $8. 75 maximum interest charge and normal City Policy for a 9 . 833% rate plus 2% issuing cost charge . The developer has agreed that the changes in items #1 , #2 and #3 are acceptable unit price increases with the exception of the $500 mobilization fee and the $800 inflationary increase in paving. These two items , the developer contends , were changes that increased the unit prices solely because of the need to come back and finish the project in 1981 rather than completing it in 1980 as planned . The developer maintains that the contractor should have taken the steps to enable him to complete the project in 1980 and/or the City' s inspectors should have haulted the project and corrected the problems with the roadway base in a timely fashion if it wasn ' t going to invoke the 43200 per day contractor ' s penalty. { /e1' Mayor and City Council 9/ November 10, 1981 Page Three Alternatives 1 . The City can supplementally assess the full $17 ,273 . 72 changes #1-#6 . This would have to be done in the face of the statements made about an 8. 75% maximum interest made during the public hearing. 2 . The City can supplementally assess changes #1-#3 at $9 ,202 . 58, ($6 ,683 . 97 + 3 , 959 . 61 - 1 ,441 .00) , thus conceding that a commit- ment was made to hold the interest to a maximum of 8. 75%. 3 . The City can supplementally assess changes #1-#3 less $1300 or $7 , 902 . 58 ( $9 ,202 . 58 - $1 ,300.00) , recognizing the $500&$800 in increases in the contract contested by the developer. 4. The City can supplementally assess changes #1-#3 at $9 ,202 . 58, and begin the interest charges on the supplemental assessment January 1 , 1983 , thus delaying the interest on the supplemental assessment in recognition of the one year delay in completing the project and disregarding items 4, 5 , and 6 in recognition of our commitment to a maximum interest rate of 8. 75%. 5 . Other Summary and Recommendation This is the first project assessed "up front" that the City has attempted to close-out . Several key lessons can be learned from the project . First , there is a need to clearly indicate who the design engineer is working for, the City or the developer. Second, projects that are assessed up front will always include risks for the City because additional costs supplementally assessed will be subject to the benefit rule. Third, the interest rates for long term financing (ie . on the specific bond issue including the project) cannot be guaranteed in advance . And fourth, the City will not take responsibility for completing a project by a time set (or assumed) by the developer. These items were key considerations as staff worked to reach an agreement with Mr. Weinandt , the developer. City staff has reached a tentative agreement with the developer on alternative #4. This alternative recovers all the actual unit cost increases in the contract; but the City recognizes the October 4, 1980. statements on the 8. 75% maximum interest charged as a commit- ment and the City recognizes that a one year delay in completing the roadway did have an inflationary effect on some minor changes in the project costs . Action Requested Approve Resolution No . 1937 . JKA/jms MEMO TO : John Anderson City Administrator FROM : H. R. Spurrier a� City Engineer RE: Weinandt Acres 1st Addition Improvement Project No. 80-9 DATE : November 6, 1981 Introduction : The work required to construct the improvements for the above-referenced project have been completed and the final costs have been tabulated. The final costs exceed the costs assessed. Background: This project was one of the first projects assessed under the revised statute. The assessment was based on the estimated cost of expenses and the estimated cost of construction. During construction, the original contract was amended by change order and that change order increased the contract cost $11,404.70. Part of that increase had been anticipated when the assessment roll was prepared. The remainder of the increase was not anticipated. That additional cost was the cost of common excavation and the additional cost that resulted from a one year delay in construction. The expense summary below tabulates the original cost, the alterations and the actual cost associated with the project. The last expense listed is unassessed interest. Unassessed interest is described in footnotes to the expense summary table. In the event the 2 percent margin was included in the reassessment, total expenses would amount to $84, 780.23. This presumes that interest rate would remain at 8. 75 percent. TABLE 1 Expense Summary Estimated1 Change Actual Contract $51, 928. 083 $ 6,683.97 $58, 612. 05 Design2 6,819. 82 3, 959.61 10, 779.43 City Engineering Costs 7, 027. 00 - 1,441. 00 5, 585. 00 Improvement District Cost 1, 732.61 923. 32 2,655. 93 Unassessed Interest4 0.00 2, 524. 45 2, 524.45 Subtotal Expenses $67, 506. 51 $12,650. 35 $80, 156. 86 John Anderson November 6, 1981 Weinandt Acres 1st Addition Page -2- Estimated 1 2-Estimated1 Change Actual 2 Percent Margin 5 0. 00 $ 4, 623. 37 $ 4,623. 37 TOTAL EXPENSES $67, 506. 51 $17, 273. 72 $84, 780. 23 1Cost anticipated at the time the project was assessed. 2Amounts paid to the developer's consultant, Probe Engineering $9, 094. 43 and Subterranean $1, 685. 60. 3I ncludes $4, 720. 73 in construction contingency. 4This interest is the amount of interest lost because the project was assessed at 8. 75 percent and actual interest paid on bonds was 9. 75 percent. 5Present worth of the 2 percent margin usually added to cover future administrative costs, assessment splits and future annual certifications. Alternatives : There are two general alternatives : 1 . The additional cost could be funded by the City of Shakopee; or 2. The additional cost could he reassessed pursuant to the provisions of Minnesota Statutes Chapter 429, by supplemental assessment. In the event the City of Shakopee would pay that unbudgeted cost of $12,650. 35 such payment would have to be through one of the following alternatives. These alternatives are listed in order of preference. 1. Special Levy 2. PIR Fund 3. General Fund Neither of these alternatives are desirable in that each of them would have the effect of increasing the present levy by the City. The second alternative of reassessing the cost, pursuant to Chapter 429 would require that the City adopt new supplemental assessments in addition to the present assessments on Weinandt Acres. There are two similar alternatives which include the unassessed margin of 2 percent interest which was not in the original assessment. Council may elect to include that amount in the additional cost to be assessed or Council may waive that cost of $4, 720. 73. The net affect is generally the same regardless of the alternaive. John Anderson November 6, 1981 � ,^ Weinandt Acres 1st Addition Page -3- Any appeal would affect only the supplemental assessment and would leave the original assessment unchanged. According to appraisers, the property value will probably increase by the amount of the proposed supplemental assessment. Without more activity in the market, such proof will be completely subjective and may not be upheld in court. Recommendation : It is the recommendation of City staff that a supplemental assessment be adopted for Improvement Project No, 8U-9' Weinandt Acres 1st Addition. The cost of the improvement to be supplementally assessed should be declared to be $17,273' 72' That assessment would include the following : l ' An increase in the contract amount of $6'683.97; 2. An increase in expenses of $3' 441' 93. ' 3. An increase to cover the costs of unassessed interest of $2. 524'4S' 4. Additional expenses equivalent to the 2 percent interest margin in the amount of $4' 623' 37' it is further recommended that a hearing be held on December 22, 1981 at 8: 15 P.M. Action Requested : Adopt Resolution No. 1937, A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Supplemental Assessment 1980-9 Public Improvement Program Weinandt Acres 1st Addition. HR5/jiw Attachment; Resolution No. 1937 ' r Item #4 Reinke - Public Hearing Proposed Assessment for Weinandt Acres 1st Addition Roadway Construction. Moved and seconded opened the public hearing - motion passed. Reeder - Mayor the purpose of this hearing is to consider the assessments for a project which the City is putting in at the request of the developer. You have before you the assessment role I propose. This assessment hearing and the next assessment hearing is being held in accordance with the new law which allows us to hold the assessment hearing early in the process and anyone who wishes to raise an appeal needs to be at this meeting tonight or have submitted to the City a written appeal . If they don' t do either they are finished. This is a much safer process I think for the City to follow it lets everybody know where you' re at before you get into a project before you spend a lot of money. This project, Weinandt Acres, of course we 've already • generally done most of the work so we are somewhat behind, but what I 'm suggesting to you in the future projects when after you have approved plans and specs, before you award the bids, that you hold the assessment hearing. Then you will know exactly if you are going to get an appeal or not before you actually enter into a contract with anybody here to do anything, it will decrease your• exposure to loses. Thies is in response to a case in St . Cloud last year where the City put in a project in response to developers request. The developer then appealed his assessment saying that the work completed did not benefit his property to the extent of the assessment and the City ended eating after the Supreme Court decision eating about $30,000 or $40,000. It was very similar to Weinandt Acres, a subdivision that they put in and the developer got mad and said it cost too much. So this gets back to where we are really coming from on the proposed construction of I think Minnesota Street for Link. There is no way that you could justify those costs for those lots and you can definitely not assess them. This assessment project in front of you, of course, is all of those lots are charged the same. The estimated interest indicated here was figured at 9.44%. This is the interest on the project from the time we start spending money to when the project is assessed, which will be after the project is finished, in this case probably only several months that the interest estimate here may be high but this is a full year Bo? Bo - That ' s correct. Reeder - But it ' s still an estimate and the total cost is an estimate. Reinke - Why are we charging 9. 44% when we 've in the past charged passed a resolution on other projects on the same construction season to be charged at a rate of 8. 25%. Reeder - This interest is not the interest , has nothing to do with the bond sale. This project will be charged 8. 75 bond interest too as we 've done all other projects except for Holmes. This money is money we are putting up front for this project which if we had not put it up front it would be in the bank drawing interest. That 9.44 is representing what we get total interest as interest on our money. It ' s actually the law (unintelligible phrase) understand? (Unintelligible phrase) is our general understanding this will be for a short time. 4- Page -2- Reinke - This is not the interest rate you are talking of paying on the 4500 for the full 10 year period. Reeder - No . Reinke - This is front money for construction. Reeder - Yes, it ' s the construction money. (Unintelligible phrase) In this case the City is giving a construction loan to the developer during the interim of permanent financing is arranged. Weinandt - Am I correct then, is it my understanding that if the job was done this month you get the bill next month and pay it at 9.44 for one month? Reeder - When we levy this when Council adopts the assessment role will adopt a levy assessment amount on that project will be our recommenda- tion that that be 2% over the money they are using. Weinandt - What you are saying that 9.44 will be until you except the assessments (unintelligible words) before the 1st of the year. Reeder - Could very well be. I am not very familiar with the construction schedule, but yet it should be. Weinandt - and after that it ' ll be 8. 75 . Reeder - It ' ll be 2% over, yes. Yes, I think it will be 8. 75. Bo, what is the construction schedule? Will it be done before the 1st of the year? Spurrier - I didn' t see what they did today, the had to recompact one section. They should begin to put base down next week and pave within two weeks. Next meeting we should have our final cost. Reinke - This 4500 dollar figure may not be correct. Is that what you are stating? Spurrier - Correct. Weinandt - Ya. Reeder - Keep in mind that that ' s an estimate of the construction cost. Too, the construction cost could be more or less and the interest could be more. It ' s an estimate. Reinke - Don' t we have a signed contract on the construction cost? Leroux - On a unit basis. Spurrier - We don' t have fixed quantities, a unit price bid. Leroux - Did you run into any clay pockets or anything out there? Page -3- Spurrier - Yes. Weinandt - We had too much black dirt out there (unintelligible phrase) borrow hole, a 50% difference with the engineer' s estimate . That ' s pretty good. It didn' t happen to be your engineer this time. Spurrier - Glad you added that. Hullander - Have you, Doug and Bo, had a chance to meet with Mr. Weinandt? Think you did (unintelligible word) . Mr. Weinandt are you satisfied with the Weinandt - The answer is now that it is on board you Council people (unintelligible phrase) so that if this comes up again that it ' ll be . Leroux - It could drop another 3/4%. Weinandt - Right down to 8.75 . Think you said (unintelligible phrase) you authorized the bond issue. Leroux - No, that ' s not the minimum. Reinke - 8 . 25 was the minimum, wasn' t it? Leroux - 2% over the issuing cost. Reeder - And the reason we are hedging is this, I 'm not positive how you are permanently going to finance it , you probably have three choices. One , you may be able to finance it out of your PIR fund the rest is money in that fund. Secondly, they' d be able to use the money, there may be enough money in the bond issue in which the Holmes Street project is in. Severalothers to handle this project too. It will be 8.75 for sure . This third choice is to sell more bonds, it will be 2% over what the bonds are worth. I think there is a 15% chance it will be one of the first two choices . In which case it won' t exceed the 8. 75 . Leroux - I personally don' t go along with the PIR fund. Reeder - We 've used that for other projects. The smaller projects like this. Reinke - With the amount of prepayments, John, that we have been getting on these other projects there is additional monies coming in there too that have to be used. Leroux - Oh, you mean like on Holmes Street . Reinke - All storm sewers , or a majority of the storm sewer units are being prepaid. When the bonds were sold you were looking at a ten year investment on them. Leroux - I guess I ' d rather see that used then PIR, then you are fixed in at the 8. 75 . Reinke - But the PIR is available also. Page -4- 4 S Leroux - But the PIR we can make more money on someplace else. Reeder - That ' s what the PIR is for. Leroux - Yes, I realize that and I 'm sure we are using that during the interim but I 'd rather see us use the prepayment from Holmes Street or something like that. Weinandt - Now you scare me when you say two choices because, Bo, I thought you said the Holmes Street had enough over, over the PIR, now you are talking about another bond issue. I don' t know how you can issue bonds for less than 100,000. Reeder - No, we don' t . We have to sell bonds next year, we could lump it with something else. No, we wouldn' t go with a small bond issue . It may be even to your advantage, bond rates may be lower next year. They might be higher too. • Leroux - You are looking at a maximum of 8. 75 . Reinke - Are there any other questions on the assessment improvement district for the Weinandt property? Moved and seconded and closed public hearing. Motion carried. Reeder - We ' ll prepare the roll for adoption at a later date . • • RESOLUTION NO. 1937 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Supplemental Assessment 1980-9 Weinandt Acres 1st Addition WHEREAS, a contract has been completed for the improvement of Weinandt Acres 1st Addition by roadway. The contract price for such improvement is $58,612.05. The expenses incurred in the making of such improvement amounts to $26,168.18 so that the total cost of the improvements is $84,780.23 and of this cost the City of Shakopee has specially assessed $67,506.51 and of this cost the City of Shakopee will pay $8,071.14 as its share of cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially supplementally assessed is hereby declared to ' e $9,202.58. 2. The City Clerk, with the assistance of the City Engineer shall forth- with calculate the proper amount to be specially supplementally assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed supplemental assessment in his office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed supplemental assessment, notify the Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 22nd day of December , 19 81, in the Council Chambers of City Hall at 8:15 P.M. to pass upon such proposed supplemental assessments and at such time and place all persons owning property affected by such improvements and proposed supplemental assessments will be given an opportunity to be heard with reference to such supplemental assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed supplemental assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvements. He shall also cause mailed notice of such hearing to be given the owner of each parcel described in the supplemental assessment roll not less than two weeks prior to the hearing. Resolution No. 1937 Page Two Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney a I c cl MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Ordinance No. 79 and Ordinance No. 80 DATE : November 13, 1981 Introduction The Codifiers have completed their work on the updating of the City Code and have asked that the two attached ordinances be adopted to clean up the loose ends which still exist . Upon adoption and pub- lication of these two ordinances the City Code will be updated to and including them, with the exception of two ordinances which still need a considerable amount of rework both from staff and Council . Rather then delaying the revision process any longer, staff directed the Codifiers to exclude these two ordinances from the revision process and this will be so noted in the revision printing. (The two ordinances in question are the one dealing with Valleyfair and the one regarding parks . ) Ordinance No. 79 - Changes to City Code Chapter 6 Section 1 . Simply adds the word "suspension" in two places in Sec . 603 , Subd. 5 . Section 2 . Adds a new Sec . 609 stating that fees for all licenses required in Chapter 6 shall be set by resolution. Section 3 . Repeals a number of sections which actually set fees which will now be covered in Section 2 above . Section 4 . Amends the current Sec. 6.32 , Subd 10 by simplifying the suspension and revocation process . (I am attaching a copy of the current Section. ) Section 5 . Is the penalty provisions for the above changes . Ordinance No. 80 - Changes to City Code Chapter 10 Section 1 . Subd 5 provides that fees for the licensing and impound- ing of dogs and cats shall be fixed by resolution . Section 1 . Subd 12 provides that dogs and cats will be released upon certain conditions being met and payment of impounding fees as established by resolution. Section 2 is the penalty provisions for the above changes . Recommended Action 1 . Offer Ordinance No. 79, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Shakopee City Code, Chapter 6, Entitled "Other. Business Regulation And Licensing", By Ordinance No. 79 ana Ordinance No. 80 Page Two November 13 , 1981 Changing A Provision Relating To Refusal And Revocation Of Licenses ; By Adding A Provision To Provide For Adoption Of License Fees By Resolution; By Repealing Provisions Setting License Fees ; And, By Adopting By Reference, Shakopee City Code Chapter 1 And Section 6.99 Which, Among Other Things , Contain Penalty Provisions , and move its adoption. 2 . Offer Ordinance No. 80, An Ordinance Of The City of Shakopee, Minnesota, Amending The Shakopee City Code, Chapter 10 Entitled "Public Protection, Crimes And Offenses , By Changing Provisions To Provide For Adoption Of Dog License And Impounding Fees By Resolution; And, By Adopting By Reference, Shakopee City Code Chapter 1 and Section 10. 99 Which, Among Other Things , Contain Penalty Provisions , and move its adoption. • JSC/jms ORDINANCE NO. , 4TH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE SHAKOPEE CITY CODE, CHAPTER 6 , ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" , BY CHANGING A PROVISION RELATING TO REFUSAL AND REVOCATION OF LICENSES ; BY ADDING A PROVISION TO PROVIDE FOR ADOP- TION OF LICENSE FEES BY RESOLUTION; BY REPEALING PROVISIONS SETTING LICENSE FEES ; AND, BY ADOPTING BY REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 6 . 99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1. Subdivision 5 of Shakopee City Code Section 6 . 03 entitled "Action on Application for License" is hereby amended to read : Subd. 5 . Refusal, Suspension and Revocation. The Council may, for any reasonable cause, refuse to grant any application , or revoke any license. No license shall be granted to a person of questionable moral character or business reputa- tion. Before revocation or suspension of any license, the Council shall give notice to the licensee and grant such licen- see opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing . Section 2 . Shakopee City Code Chapter 6 is hereby amended by adding a Section to read : ' SEC. 6 . 09 . FIXING LICENSE FEES . Except as otherwise herein provided, all fees for licenses under this Chapter shall be fixed and determined by the Council , adopted by resolution , and uniformly enforced. Such license fees may, from time to time , be amended by the Council by resolution. A copy of the resolution setting forth currently effective license fees �.vY� shall be kept on file in the office of the CityClerk , and open 0-c0to inspection during regular business hours. For the purpose of fixing such fees, the Council may subdivide and categorize licenses under a specific license requirement, provided , that any such subdivision or categorization shall be included in the resolution authorized by this Section. Section 3 . Shakopee City Code Chapter 6 is hereby amended by repealing Subdivision 4 of Sections 6 . 21 and 6 . 22; Subdivision 3 of Sections 6 . 23 and 6 . 24 ; Subdivision 2 of Sections 6 . 31 and 6 . 32; all entitled "License Fees" ; Subparagraph A of Subdivision 4 of Sections 6 . 40 and 6 . 41 as relates to license and investigation fees; and Sub- division 3 of Section 6 . 42 entitled "Fees" . Section 4 . Subdivision 10 of Shakopee City Code Section 6 . 32 entitled "Bingo" is hereby amended to read: Subd. 10. Suspension and Revocation. Any license may be suspended or revoked for any violation of this Section. No revocation or suspension shall be effective until the licen- see has had an opportunity for a hearing before the Council. Section 5. Shakopee City Code , Chapter 1 entitled "General Pro- visions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 6. 99 entitled "Violation a Petty Mis- demeanor" are hereby adopted in their entirety, by reference , as though repeated verbatim herein. -1- 4'."14‘040‘44601".*4".440466#10 04044114401W000*444611aMMONFIENINW ••. ' • .'.l.f T•�':: �, '_�4`yy� : �•°�511�,*A-l .� • L S 1 � .Y"+ r�iiso�i12a1 �{;{ $0: � 4yrtS •* *" IOW**, •Hl • -lir }. 5. " .+:** J tl ask 'j„i .. _. ,. .... _*. W,r;..»na r.rjravV :*e--a.:.' ''V770M >v :",''' '', '.;r �'r,_#', iFt z,. sj rp -4 '.:a •;o ..�'.�I a Section 6 . After adoption , signing and attestation , this Ordi- nance shall be published once in the official newspaper of the City and shall be in effect on and after the date following such publica- tion . Adopted by the City Council of Shakopee , Minnesota , this day of , 1981, by the following vote: Yes: No: Mayor ATTEST: City Clerk Prepared and approved as to form this day of 1981. City Attorney (Published in the ,on , 1981. Proof of publication attached. ) -2- .. Atrilikj* be true and complete to the best of the knowledge of any person or perspnf signing the statement. Any person who s 1 knowingly 1114 a false statemerpt'or knowingly conceal erial fact in We statement shall b6 subject to penalties s provided by thi sf 4 art and by Minnesota Law. s 5. ny lease agreeme s required by this p t executed by the con o anization in re ds to premises lease for the of n� i ngo. Subd. 10. Suspension and Revocation. aimi,AD txt1 • A. Any license may be suspended or revoked for any violation of this part. A license shall not be suspended or revoked until the procedural requirements of 513.10 (b) have been complied with, provided that in cases where probable cause exists as to an ordinance violator, the City may temporarily suspend upon service of notice of hearing discussed in 513.10 (b) , such temporary suspension shall not extend for more than two weeks. B. Procedure. A license shall not be revoked under 513.10 (a) until notice and an opportunity for hearing have first been given to the licensee. The notice shall be personally served and shall state that portion of this part reasonably believed to have been violated. The notice shall also state that the licensee mag demand a hearing on the matter in which case the license will not be suspended until after the hearing is held. If the licensee requires a hearing, one shall be held on the matter by the City Council within one week after the date on which the request is made. If, as a result of the hearing, the City Council finds that a violation of this part exists; then the Council may suspend or terminate the license. The suspension or revocation contained in this subdivision shall be an addition to any criminal penalties provided by this part. S bd. fol11low. . Crimina Penalty. Crimin 1 penalties for iolation of tis part shall be as s Violation of . y provisions of his Section 6.32 relating to gam ling shall be misdemeanor puni •hable as for a m sdemeanor. relating to bingo B. Violation of any provisions o this Section 6. /shall be a gross misdeme/ nor punishable as ; gross misdeman r in accordance w th Minnesota Statutes. Subd. 12. Effe tive Date. Thi Ordinance shall ecome effective Capon its passa and publication. Passed by the City Council th City of Shakopee this 1d-day of L , 41 1978 lalte -- . Harbeck, Mayoir TEST: _ r� 10 C Prepared and approve, as to form by: 2?tre0,, Douglas S. Re-v-r, Ci y Administrator KRASS, MANAHAN, MEYER & KANNING Assistant Shakopee City Attorneys 1221 Fourth Avenue East Published in Valley News : 8-9-78. Shakopee, MN 55379 -------- - —Ji • . .. :s • >40::.4.;44. t.• ". + { V •c ...w +} s zr* s <t c�-�•s�e� �` � ! e ORDINANCE NO. 4TH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE SHAKOPEE CITY CODE, CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES , BY CHANGING PROVISIONS TO PROVIDE FOR ADOPTION OF DOG LICENSE AND IMPOUNDING FEES BY RESOLUTION; AND, BY ADOPTING BY REFER- ENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS , CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Shakopee City Code, Section 10. 21, Subdivisions 5 and 12 are hereby amended to read: „t� \ f Subd . 5. License Fee and Term. All fees for the licensing and impounding of dogs and cats shall be fixed and determined by the Council , adopted by resolution , and uniformly enforced. Such fees may from time to time be amended by the Council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk and open to inspection during regular business _hours.�Such license shall continue in force for the life of the dog provided that the owner shows proof every two (2) years that 12OM the dog has been immunized against rabies within that period and n € r provided that the owner give notification of any change in ad- dress. It is unlawful for the owner of any dog to fail to fully comply with this Subdivision. Subd. 12 . Release From City Pound. Dogs and cats T :% shall be released to their owners or persons previously in pos- session of them, upon a sworn statement of ownership, proof that a license has been duly issued for an impounded animal, and payment of impounding fees as established by the Council by re-sQlution. In the case of an unlicensed dog which requires a rabies vaccination prior to the issuance of the license , release '(;`; rn of the dog will be permitted to the owner contingent upon his L ('-'N r- returning within a five-day period with a certificate of rabies L2cD vaccination authorized by a licensed veterinarian and proof of the issuance of a dog license. Section 2 . Shakopee City Code, Chapter 1 entitled "General Pro- visions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 10. 99 entitled "Violation a Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3 . After adoption , signing and attestation , this Ordi- nance shall be published once in the official newspaper of the City and shall be in effect on and after the date following such publica- tion. Adopted by the City Council of Shakopee, Minnesota , this day of , 1981, by the following vote: Yes: No: Mayor -1- ,o, . ...+• aas: , � . = ATTEST: City Clerk Prepared and approved as to form this day of_� 1981. City Attorney (Published in the i on 1981. Proof of publication attached. ) -2- .r • •r .4 ,1 s:js,Y„�'�.}S�Yt o �i ...yi. ""'.. "?„ ,* fR`J at � :y 3. '�,r#✓ 2 4;v+, _` . . IRV31 gid/ C-e, oI/ow NI r c r v Subd. 5 . License Fee and Term. The fee for a dog li- cense shall be $5.00 for each dog, male or female , spayed or un- spayed.)Such license shall continue in force for the life of the dog provided that the owner shows proof every two ( 2) years that ?.en-k'-�"`'° (\ the dog has been immunized against rabies within that period and .t,-,Lake--- 41 provided that the owner give notification of any change in ad- dress . It is unlawful for the owner of any dog to fail to fully comply with this Subdivision. Subd. 12. Release From City Pound. Dogs and cats shall be released to their owners , or persons previously in pos- session of them, as follows : A. Upon payment of $10 .00 for the first impound- ment. B. Upon payment of $20 .00 for the second impound- n:ent. C. Upon payment of $30 .00 for the third and suc- cessive impoundment that occurs over a 12-month period from the dog or cat's first impoundment. LD. The sum of $3.00 for each day the dog or cat is confined to the Pound, and in the case of dogs , if the owner has a license attached to the dog and proof of a current rabies vaccination is presented. E. In the cape of an unlicensed dog or a dog for whom proof of a current rabies vaccination cannot be shown , an additional penalty of $5 .00 shall be paid, and proof of a dog li- cense shall be shown, prior to release of the dog; except , in the -„,,u„�, / case of an unlicensed dog which requires a rabies vaccination tprior to the issuance of the license . In such a case , release of ''” the dog will be permitted to the owner contingent upon his re- turning within a 5-day period with a certificate of rabies vacci- c ____nation authorized by a licensed veterinarian and proof of the is- __ suance of a dog license . i ' t/ Law Offices of KRASS, MEYER & KANNING Chartered Phillip R.Kress Shakopee Professional Building Barry K.Meyer 1221 Fourth Avenue East Philip T.Kenning Shakopee, Minnesota 55379 Trevor R.Walsten (612)445-5080 November 9, 1981 Mr. John Anderson City Administrator 129 East First Avenue Shakopee, MN 55379 Dear John: I have reviewed the Valley Industrial Center 2 Project documents received by Mr. Gilligan's November 3rd letter. The Resolution is in order and in proper form to be considered by the Council of the November 17th meeting. Thank you. Yours very truly, KRASS, MEYER & KANNING CHARTERED Phillip R. Krass PRK:ph File #1-1373-121 NOTE: The attached resolution is a newer version than referenced above. Staff will check with Mr. Krass prior to Tuesday' s meeting to see if it is in order. If it is in order Council may, if they wish, adopt the resolution. Law Offices of KRASS, MEYER EfcKANN { NG -____' Chartered Phillip R. Krass Shakopee Profesional Building Barry K. Meyer /221 Fourth Avenue East Philip T. Kenning Shakopee, Minnesota 55378 Trevor R. Wo|men (612)445-5080 November 16, }98} Ms. Judy Cox City Hall 129 East First Avenue Shakopee, MN 55379 Re: $1,015,000 Commercial Development Revenue Note (Valley Industrial Center 2 Project) City of Shakopee, Minnesota Dear Judy: I have discussed with Jerry Gilligan the Resolution amending Resolution 1906, This new Resolution is required in order to reduce the principal amount of the Note some $85,000 in accordance with the Agreement between Valley Industrial Center 2 and their bank. It is in order for the City Council to consider at its next meeting. Yours very truly, KRASS, & KANNING CHARTERED Phillip/A. Krass PRK:ph File #1-I373-121 DORSEY, WINDHORST, HANNAFORD, WHITNEY& HALLADAY 8 2- 2200 FIRST BANK PLACE EAST MINNEAPOLIS,MINNESOTA 55402 880 W-FIRST NATIONAL BANK BLDG. (612)340-2600 1150 RING BUILDING ST.PAUL.MINNESOTA 55101 1200 18TH STREET N.W. (6121227-8017 WASHINGTON,D.C.20036 CABLE.DOROW (202)296-2760 P.0.BOX 848 TELEX.29-0605 1800)424.2942 340 FIRST NATIONAL BANK BLDG. TELECOPIER•(8121 340-2868 ROCHESTER.MINNESOTA 55903 312 FIRST NATIONAL BANK BLDG. (507)288-3156 WAYZATA,MINNESOTA 85391 (612)475.0373 201 DAVIDSON BLDG. 8 THIRD STREET NORTH 30 RUE LA BOETIE GREAT FALLS,MONTANA 59401 75008 PARIS.FRANCE (406)727-3632 TEL(1)562-32-50 JEROME P.GILLIGAN m2)340.2962 November 3 , 1981 RECEIVED • Mr. William R. Soth NOV 41981 • Mr. Richard Peterson ,Ar. John K. Anderson CITY OF SHAKOPEE Mr. Philip R. Krass Mr. Ronald Clark Mr. Gary Eastlund Re: $1 , 100, 000 Commercial Development Revenue Note (Valley Industrial Center 2 Project) City of Shakopee, Minnesota Gentlemen: In connection with the proposed revision of the Note referred to above to eliminate the right of the holder of the Note to call the Note upon a Determination of Taxability, enclosed is a draft of a resolution amending Resolution No. 1906 adopted by the Shakopee City Council on September 8 , 1981. For your information I have also enclosed a copy of Resolution No. 1906 . Please review this resolution and contact me with your questions and comments. If the form of the re- solution is satisfactory to each of you, I will make arrangements to have the consideration of the resolution placed on the agenda of the Shakopee City Council at its meeting November 17th. Yours truly, Jero •e • . Gil • - . JPG: cmn • Enclosures RECEIVED DORSEY, WINDHORST, HANNAFORD, WHITNEY& HALLADAY NOV 12 1981 2200 FIRST BANK PLACE EAST CITY OF SHAKOPEE MINNEAPOLIS,MINNESOTA 55402 880 W-FIRST NATIONAL BANK BLDG. (612)340-2600 1150 RING BUILDING ST.PAUL,MINNESOTA 55101 1200 18TH STREET N.W. (812)227-8017 WASHINGTON,D.C.20036 CABLE.DOROW (202)296-2780 P.O.BOX 848 TELEX:29-0605 (800)424-2942 340 FIRST NATIONAL BANK BLDG. TELECO PIE R:(612)340-2868 ROCHESTER,MINNESOTA 55903 312 FIRST NATIONAL BANK BLDG. (507)288-3156 WAYZATA,MINNESOTA 55391 (612)475-0373 201 DAVIDSON BLDG. 8 THIRD STREET NORTH 30 RUE LA BOETIE GREAT FALLS,MONTANA 59401 75008 PARIS,FRANCE (406)727-3632 TEL (11 562-32-50 JEROME P.GILLIGAN (612)340-2962 November 12, 1981 Ms. Judith Cox City Clerk Shakopee City Hall 129 East First Street Shakopee, Minnesota 55379 Re: $1, 015, 000 Commercial Development Revenue Note (Valley Industrial Center 2 Project) City of Shakopee, Minnesota Dear Judy: Enclosed are fourteen copies of a resolution amending Resolution No. 1906 adopted by the City Council on September 8 , 1981. This resolution amends Resolution No. 1906 in order to reduce the principal amount of the Note from $1, 100, 000 to $1, 015, 000, due to a reduction in the cost of the Project and to amend various other terms of the Note. As we dis- cussed in our telephone conversation today, the parties to this transaction would like to have this resolution considered at the November 17th City Council meeting. By copy of this letter I am forwarding a copy of this resolution to Rod Krass for his review. If you have any questions or require anything further, please give me a call . Yours tru erom . Gil • JPG: cmn Enclosure cc : Philip R. Krass Gary Eastlund William R. Soth Richard Peterson J. Brooks Hauser 1 - Jf JC/ Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO A $1 , 015 , 000 COMMERCIAL DEVELOPMENT REVENUE NOTE (VALLEY INDUSTRIAL CENTER 2 PROJECT) ; AMENDING RESOLUTION NO. 1906 BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota as follows: Section 1. Recitals . This Council by Resolution No. 1906 passed by the • City Council on September 8 , 1981, authorized the issuance of and sale of the $1, 100, 000 Commercial Development Revenue Note (Valley Industrial Center 2 Project) (the "Note") of the City. The Note is to be issued by the City under the terms of Resolution No. 1906 to finance a project under Minnesota Statutes, Chapter 474 on behalf of Valley Industrial • Center 2 , a Minnesota general partnership (the "Partnership") . As of this date the Note has not been issued by the City. Representatives of the Partnership and of North American Life and Casualty Company, a Minnesota corporation, which is to be the original purchaser of the Note, have informed the City that they wish to reduce the principal amount of the Note to $1, 015 , 000 and to amend various terms of the Note and that in order to do so it is necessary to amend the provisions of Sections 1. 01 , 2, 5. 01, 5 . 02 and 5. 06 of Resolution No. 1906 , and to amend the form of the Note con- tained in Section 5 . 01 of Resolution No. 1906. Section 2 . Amendment of Section 1. 01 of Resolution No. 1906. The definition of Note and Resolution contained in Section 1 . 01 of Resolution No. 1906 is hereby amended to read as follows : Note: the $1, 015, 000 Commercial Develop- ment Revenue Note (Valley Industrial Center 2 Project) to be issued by the City pursuant to the Resolution; Resolution: the Resolution No. 1906, adopted by the City Council on September 8, 1981, and Resolution No. , adopted by the City Council on November 17 , 1981. Section 3 . Amendment of Section 2 of Resolution No. 1906 . Paragraph (f) of Section 2 of Resolution No. 1906 is hereby amended to read as follows : (f) it is desirable that the Commercial Development Note of the City in the amount of $1, 015 , 000 be issued by the City upon the terms set forth in the Resolution, and that the City assign its interest in the Loan Agreement and grant a security interest there- in for the payment of the principal of, interest • on and premium, if any, on the Note; Section 4 . Amendment of Section 5 . 01 of Resolution No. 1906 . Section 5 . 01 is hereby amended to read as follows: .5. 01. Form and Authorized Amount. The Note shall be issued substantially in the form hereinafter set forth, with such appro- priate variations, omissions and insertions as are permitted or required by the Resolution, and in accordance with the further provisions of this Section, in the total principal amount of $1, 015 , 000 . Section 5 . Amendment of the Form of the Note Contained in Section 5 . 01 of Resolution No. 1906. The form of the Note contained in Section 5. 01 of Resolution No. 1906 is hereby amended by deleting the seventh paragraph and by amending the heading of the Note and the first paragraph of the Note to read as follows: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE Commercial Development Revenue Note (Valley Industrial Center 2 Project) R-1 $1, 015, 000 The City of Shakopee, Minnesota, a municipal corporation of the State of Minnesota (the City) , -2- for value received, hereby promises to pay to the order of NORTH AMERICAN LIFE AND CASUALTY COMPANY, or assigns (the Holder) , at its prin- cipal office in Minneapolis, Minnesota or at such other place as the Holder may designate • in writing, from the source and in the manner, and with interest thereon as hereinafter provided, the principal sum of ONE MILLION FIFTEEN THOUSAND DOLLARS ($1 , 015 , 000) , with interest on the unpaid principal amount, from the date hereof until this Note is fully paid, at the rate of twelve percent (12%) per annum, in any coin or . currency which at the time or times of payment is legal tender for the payment of public or • private debts in the United States of America. This Note is payable in install- ments due on the first day of each month as follows : • (a) on 1, 198_, an amount equal to the interest accrued to that date on the outstanding principal of this Note; and (b) commencing on 1, 198 and on the first day of each month there- after the principal of and interest on this Note shall be payable in 360 consecu- tive monthly installments consisting of 359 in equal monthly installments of Ten Thousand Four Hundred Fifty ($10 , 450) Dollars each, with a final payment of all principal and accrued interest on 1 , 201 , all payments to be applied first to interest and then to principal. The form of the Note contained in Section 5. 01 of Resolution No. 1906 is hereby further amended by amending the eighth paragraph to read as follows : This Note constitutes an issue in the total authorized face amount of $1, 015 , 000. This Note is issued by the City pursuant to the authority granted by the Minnesota Statutes, Chapter 474 , as amended (the Act) , for the purpose of providing funds to be loaned by the City to the Partnership pur- suant to the Loan Agreement to pay a portion of the costs of the acquisition and construc- tion of a Project, as defined in Minnesota -3- Statutes , Section 474 . 02 , Subdivision la, consisting of certain real estate and improve- ments thereon, and paying necessary expenses incidental thereto, such funds to be loaned by the City to the Partnership pursuant to a Resolution adopted by the City Council of the City on September 8 , 1981, as amended ------------- -- by a Resolution adopted by the City Council of the City on November 17 , 1981 (the September 8 , 1981 Resolution, as amended by the November 17 , 1981 Resolution, is hereinafter referred to as the Resolution) and the Loan Agreement, thereby- assisting activities in the public interest and for the public welfare of the City. This Note • is secured by a Pledge Agreement, of even date herewith (the Pledge Agreement) , be- tween the City and the Holder, a Combination Mortgage, Security Agreement and Fixture Financing Statement of even date herewith (the Mortgage) given by the Partnership in favor of the Holder and an Assignment of Rents and Leases of even date herewith (the Assignment) , given by the Partnership in favor of the Holder . Section 6 . Amendment of Section 5 . 02 of Resolution No. 1906 . Section 5. 02 of Resolution No. 1906 is hereby amended to read as follows : 5. 02 . Note Terms . The Note shall be designated the Commercial Development Revenue Note (Valley Industrial Center 2 Project) and shall : (a) be dated as of the date of delivery thereof to the Lender; (b) be in the total principal amount of $1 , 015, 000; (c) bear interest on the unpaid prin- cipal balance advanced from time to time from date of issue until paid or discharged as herein provided at the rate of twelve percent (12%) per annum, except that in the -4- event the interest on the Note becomes subject to federal income taxation pursuant to a "Determination of Taxability" as defined in the Loan Agreement, the interest rate on the Note shall be increased to six- teen percent (16%) per annum from the Date of Taxability, as defined in the Loan Agree- ment, all as provided in the Form of Note contained in Section 5 . 01 of the Resolution; (d) be payable in installments on the first day of each month as follows: (1) on the first day of the month following the date of delivery of the Note, an amount equal to interest accrued to that date on the principal of the Note; (2) commencing on the first day of the month next following the delivery of the Note, and on the first day of each month thereafter, principal and interest on the Note shall be payable in 360 consecutive monthly payments consisting of 359 equal consecutive monthly payments of Ten Thousand Four Hundred Fifty Dollars ($10, 450) , and a final payment of all principal and interest on the Note on the first day of the 360th month following the payment of interest only under (1) above. (e) be payable as to both principal and interest to the registered Holder thereof at the principal office of the Holder for the account of the City; (f) be subject to prepayment at the times, upon the conditions and at the prices as provided in the form of Note contained in Section 5. 01 of the Resolution. Section 7 . Amendment of Section 5. 06 of Resolution No. 1906 . Section 5. 06 of Resolution No. 1906 is hereby amended to read as follows : -5- g .� 5 . 06 . Delivery and Use of Proceeds . Prior to delivery of the Note, the documents referred to below shall be completed and executed in form and substance as approved by the City Attorney. The City shall execute and deliver to the Lender the Note in the total principal amount of $1 , 015 , 000 to- gether with the following: (a) a duly certified copy of the Resolution; (b) original , executed counterparts of the Loan Agreement, Financing Statement and the Pledge Agreement; and (c) such closing certificates, opinions and related documents as are required by bond counsel. Upon delivery of the Note and the above items to the Lender, the Lender shall, on • behalf of the City, disburse to the Partnership or to its order the proceeds of the Note in reimbursement of Project Costs pursuant to the provisions of the Loan Agreement, and the proceeds so disbursed shall be deemed to have been disbursed for the benefit of the City. The Lender and the Partnership shall provide the City with a full accounting of all funds disbursed for Project Costs . Adopted: , 1981. Mayor Attest: City Clerk Approved as to form this day of , 1981. City Attorney -6- The motion for the adoption of the foregoing resolu- tion was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof : and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -7- , i ,4,.,.%.0-ii.,el i v.— 6 47 W f Law Offices of , KRASS, MEYER et KANNING Chartered � �{ ^, »� Phillip R. Kress Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kenning Shakopee, Minnesota 55379 Trevor R. Waisten (612)445-5080 November 9, 1981 Mr. John Anderson City Administrator 129 East First Avenue Shakopee, MN 55379 Dear John: ` I have reviewed the documents received from the Dorsey Office by Mr. Gonnella's November 2nd, 1981, letter and find them to be in order and have no changes to recommend. It is my understanding that we will receive the third draft as well as a draft of the proposed Resolution for the Council to consider November 17th. I will review those as they come through and react to them. Thank you. 'veY ) Your r uly, r/ R KANNING CHARTERED l / hill 's s. Krass PRK:ph File #1-1373-130 NOTE: The attached resolution is the third draft mentioned above . Staff will check wich Mr. Krass prior to Tuesday' s meeting to see if it is in order , and if so Council may then adopt the resolution. Member introduced the following resolution and moved its adoption : RESOLUTION NO. RESOLUTION AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF A PROJECT ON BEHALF OF S & W REALTY UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE SALE AND ISSUANCE OF COMMERCIAL . DEVELOPMENT REVENUE NOTES TO FINANCE THE PROJECT, AND APPROVING AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS BE IT RESOLVED, by the City Council of the City • of Shakopee, Minnesota (the City) , as follows : Section 1 . Definitions . 1 . 01 . In this Resolution, the following terms shall have the following respective meanings , unless the context hereof clearly requires otherwise : Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes , Chapter 474 , as amended; Assignment of Rents : the Assignment of Rents and Leases, from the Partnership to the Lender; Improvements : the approximately 28 , 900 square foot commercial shopping center to be renovated and constructed on the Land by the Partnership in accordance with the terms of the Loan Agreement; City: the City of Shakopee, Minnesota, or its successors; Construction Loan Agreement: the Construction Loan Agreement, among the City, the Lender, the Partner- ship and the Disbursing Agent; Disbursing Agent: Title Insurance Company of Minnesota, or its successors or assigns under the Construction Loan Agreement; Land: the real estate described in Exhibit A attached to the Mortgage; Lender: First Southdale National Bank of Edina, in Edina, Minnesota, and its successors and assigns; Loan Agreement: the Loan Agreement to be entered into between the City and the Partnership; Loan Assignment: the Assignment of Loan Agreement, to be executed by the City in favor of the Lender; Mortgage : the Mortgage , Security Agreement and Fixture Financing Statement, from the Partnership, as mortgagor, to the Lender, as mortgagee; Note : the Commercial Development Revenue Note (S & W Realty Project) , Series 1981 , dated as of the date of its delivery, numbered R-1 , and issued by the City in the principal amount of $600 , 000 , or so much as may be advanced thereunder; Partnership: S & W Realty, a Minnesota general partnership, and its permitted successors and assigns under the Loan Agreement; Project: the Improvements and the Project Equipment; Project Costs : those costs defined as Project Costs in Section 1 . 01 of the Loan Agreement; Project Equipment: the items of furniture, machinery, equipment, display fixtures or other personal property located on the Land and paid for in whole or in part from the proceeds of the Note, together with any replacements thereof or substitutions therefor; and Resolution: this resolution authorizing the issuance of the Note. Section 2 . Authorization and Receipt of Documents . 2 . 01. Authorization. The City is authorized by the Act to issue revenue bonds or notes and loan the proceeds thereof to business enterprises to finance the acquisition, construction and equipping of "projects" as defined in the Act, and to make all contracts , execute all instruments and do all things necessary or convenient in the exercise of such authority. 2. 02. Preliminary City Approval . By preliminary resolution adopted by the Council on January 6 , 1981 , this Council approved the sale of revenue notes pursuant to the Act in the appropriate principal amount of $100 , 000 and the loan of the proceeds thereof to the Partnership for the Payment of Project Costs , so as to render the Project suitable for use as a commercial shopping center, and authorized the preparation of such documents as may be appropriate to the Project. 2 . 03. Receipt of Documents. Pursuant to the resolution granting preliminary approval of the Project, there have been prepared and presented to this Council copies of the following documents, all of which have been reviewed by the City Attorney and which are now, or shall be , placed on file in the office of the City Clerk: (a) Loan Agreement; (b) Loan Assignment; (c) Construction Loan Agreement; (d) Mortgage; (e) Assignment of Rents ; (f) Form of the Note. Section 3 . Findings . This Council hereby finds , determines and declares that: (a) the Project to be financed constitutes a "project" as defined in Minnesota Statutes , Section 474 . 02, Subdivision la; (b) the purpose of the Project is , and the effect thereof will be, (i) to encourage the development of economically sound commerce in the City , (ii) to increase the tax base of the City and overlapping taxing jurisdictions , and (iii) to provide additional employment opportunities for residents of the City and surrounding areas; (c) the Project has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act; (d) it is desirable that the Partnership be authorized, in accordance with the provisions of Minnesota Statutes, Section 474 .03 (7) , and subject to the terms and conditions set forth in the . Construction Loan Agreement and Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper, to provide for the construction of the Project by such means as shall be available to the Partnership, and with or without advertisement for bids . as required for the construction and acquisition of other municipal facilities; (e) it is desirable that the Note in the amount of $600 , 000 be issued by the City to the Lender, and that the City ' s interest in the Loan Agreement and the payments receivable pursuant thereto be pledged to the Lender pursuant to the Loan Assignment as security for the payment of principal of and interest on the Note; (f) the payments required by the Loan Agreement are fixed, and required to be revised from time to time as necessary, so as to produce income and revenue sufficient to provide for prompt payment of the principal of and interest on the Note, and the Loan Agreement and Mortgage also provide that the Partnership is required to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate property damage insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement; and (g) under the provisions of Minnesota Statutes , Section 474 . 10 , and as provided in the Loan Agreement and Note, the Note is not to be payable from nor constitute a charge, lien or encumbrance upon any funds of the City other than the revenue pledged to the payment thereof ; the City is not subject to any pecuniary liability thereon; no holder of the Note shall ever have the right to compel any exercise of the taxing powers of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City except the revenues pledged to the payment thereof; the Note shall recite that it is payable solely from the revenues pledged to the payment thereof; and the Note shall not constitite a debt of the City within the meaning of any constitutional or statutory limitation. Section 4 . Approval and Execution of Documents . The form of Loan Agreement, Loan Assignment and Construction Loan Agreement referred to in Section 2 . 03 hereof are hereby approved. Each such document, with such variations, insertions and additions as the City Attorney may hereafter approve, are directed to be executed in the name and on behalf of the City by the Mayor and City Manager. In the absence or disability of the Mayor any of the documents authorized by this Council to be executed shall be executed by the Acting Mayor, and in the absence of the City Manager by an officer of the City who in the opinion of the City Attorney has . authority to execute such documents . Copies of all of the documents shall be delivered, filed and recorded as provided • therein. The forms of Mortgage and Assignment of Rents are also approved. Section 5. The Note . 5 . 01 . Form and Authorized Amount. The Note shall be issued substantially in the form on file in the office of the City Clerk, with such appropriate variations , omissions and insertions as are permitted or required by _ this Resolution, in the principal amount of $600 , 000 , or so much thereof as may be advanced thereunder. V/". 5. 02 . Execution. The Note shall be executed on behalf of the City by the signature of the Mayor and attested by the signatures of the City Administrator and City Clerk, and shall be sealed with the corporate seal of the City. In the event any officer whose signature shall appear on the Note shall cease to be such officer before the delivery thereof, such signature shall never- theless be valid and sufficient for all purposes . 5. 03. Mutilated, Lost and Destroyed Note. In case the Note shall become mutilated or be destroyed or lost, the City shall cause to be executed and delivered a new Note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated Note, or in lieu of and in substitution for such Note destroyed or lost , upon payment by the holder of the reasonable expenses and charges of the City in connection therewith, and, in case a Note is destroyed or lost , upon filing with the City evidence satisfactory to it of such loss or destruction. 5 . 04 . Registration, Assignment and Exchange. The City Clerk shall act as Note Registrar and as such shall maintain a Note Register for purposes of recording the name and address of the owner of the Note. The Note shall initially be registered in the name of the Lender. The Note shall be transferable by the registered owner or its attorney duly authorized in writing upon presentation thereof to the City Clerk together with a written instrument of transfer satisfactory to the City Clerk duly executed by the registered owner or its attorney. The following form of assignment shall be sufficient for said purpose : For value received hereby sells, assigns and transfers unto the within Note of the City of Shakopee, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City _with full power of substitu- tion in the premises. Dated: Registered Owner Such transfer shall also be noted on the Note. Upon request of the registered owner or transferee , and upon surrender of the Note, the City shall execute and deliver one or more other notes, in denominations of $1000 or integral multiples thereof , in an aggregate principal amount equal to the princi- pal amount of the Note which then remains unpaid, and maturing f G' at the same time or times as the then unpaid principal thereof, and the Note shall be promptly cancelled by the City Clerk. No service charge shall be made for such transfer or exchange, but the City may require payment of a sum sufficient to cover any tax, fee or governmental charge or other expense incurred by the City with respect to such exchange. In the event of a request for the issuance of more than one new note upon any such exchange , the City Council shall by resolution make such provisions relative to the form, whether coupon or registered, of such notes as shall be deemed necessary or desirable to ensure that the terms of and the security for the indebted- ness represented by the Note shall not be varied in any material respect by reason of such exchange. 5. 05. Delivery and Use of Proceeds. Prior to delivery of the Note, the documents referred to in Section 2 . 03 hereof shall be completed and executed in form and substance as approved by the City Attorney and an original, executed counterpart of each such document shall be delivered to the Lender. The City shall thereupon deliver to the Lender the Note, together with a copy, duly certified by the City Clerk, of this Resolution and such closing certificates as are required by bond counsel . Upon delivery of the Note and the above items to the Lender, the Lender shall , on behalf of the City , advance and disburse the proceeds of the Note to the Partnership in payment and reimbursement of Project Costs pursuant to the provisions of the Loan Agreement and the Construction Loan Agreement. Adopted: , 1981. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon , the following voted in favor thereof: and the following voted against the same : whereupon said resolution was declared duly passed and adopted. _ RECEIVED NOV 1 61981 Dr. Donald McKeen CITY OF 3HAKQp�E 512 Nicollet Mall Minneapolis , MN 55402 November 11, 1981 House of' Hoy, Inc. Re: Subleasing of Opera House Saloon, Shakopee Dear Sirs : This letter is written consent to sub-lease the property described in lease agreement dated 5/30/80 by and between Dr. McKeen and House of Hoy Inc . to Thomas O 'Meara and Ronald Nagle dba Iowa Falls , Inc . in accordance with all provision with said lease agreement . Sincerely, /77/// Dr . Donald McKeen mis uv b MEMO TO: John K. Anderson, City Administrator or FROM: Judith S. Cox, City Clerk RE: Application for On Sale and Sunday Intoxicating Liquor License - Iowa Falls Inc. DATE : November 13 , 1981 Introduction I have received a letter asking that the City Council consider granting both an on sale and a Sunday liquor license to Iowa Falls Inc . Background I am still in possession of the application dated July 1981 , which is still current with the exception of one of the three original stockholders . Mr. Charles Ruffenack will no longer be involved with the corporation, per the recent letter I have received. Dr. McKeen, property owner, has agreed to the sublease for the building and is forwarding a letter to me confirming our telephone conversation. Mr. LeRoy Houser, City Building Inspector, still has problems getting needed repairs to the building completed, see attached. The Police report on the stockholders is attached. The application, fee and insurance policy are in order. I also have a surety bond in the amount of $3 ,000 for which I am await- ing an endorsement to $5,000, per our recent ordinance change. I will advise you Tuesday. Alternatives 1 . Approve applications and grant the licenses . 2 . Table the applications until Mr. Houser is satisfied that his requests are being met. 3 . Deny the requests . 4. Approve applications with a warning that no renewal will be considered in June of 1982 , if the Building Inspector' s re- quests are not complied with. Recommended Action (Having not seen Mr. Houser ' s memo at the time of this writing, I would recommend the following . . . ) Approve the applications and grant Sunday and On Sale Intoxicating Licenses to Iowa Falls , Inc. , 101 East First Avenue with a warning that the Council may not consider renewals in June of 1982 if the requests of the Building Inspector have not been met . JSC/ ims • f CITY OF SHAKOPEE / 1"/ J s1t _ 129 East First Avenue, Shakopee, Minnesota 55379 it4/ MEMO TO: Judy Cox FROM: LeRoy Houser SUBJECT: Opera House License DATE November 13 , 1981 Introduction: A work order for the repair of the exterior brick work and the repair of the freight door on the west sidewalk has been issued to the owner of this building. Background: A few months ago I had recommended the license be held until the work was -Complete. So far the work has not been completed. Recommendation: Council request proof of intent of compliance from owner. Alternatives: None. No compliance, no license. r e- v i,' (if r City of Shakopee ' f!1 POLICE DEPARTMENT /N- � AKOpE . NES \\o li,/ f! 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 111:' till j ;' 1(Q p - �{ Tel. 445-6666 "l' ,,1.7;3' G Jl e 55379 1 1.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. J goSE•roz rJo �aoteeE • CITY OF SHAKOPEE , MINNESOTA APPLICATION FOR ON/OFF SALE INTOXICATING LIQUOR 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 REOUIRED BY CHAPTER 333 , MINNESOTA STATUTES , CtRTIFIED 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 " 3 ) . -If applicant is a natural p-e-rson 4irdividual ) , state full name, reCidence 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 -lot ' idual owner ' s premises at such time as the owner is absent . neral Information (On /Off Sale Intoxicating) Full Name Residence Address Phone c) . The full name , residence address and telephone number of the assi - ant manager, food manager, and beverage ,manager. Full Name Position Residence Address ____ ' one Full Name Position Residence Address _Phone Full Name Position Residence Address Phone PART II-Personal History form must be fill - . out and attached for each of the individuals in 5a , 5b , and 5c . ) a) . If the applicant is a partnership , s ate full names , residence and business addresses , telephone numbers , and ' terest of each member of the partnership 1 . Full Name Interest % Residence Address Phone Business Address _ Phone 2 . Full Name Inter i!.> t . Residence Addre Phone Business Address Phone 3 . Full N me Interest % Resi ence Address __ Phone ,business Address — _ Phone ( 2) General. Information (On/Off Sale Intoxicating) q 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 telephone 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 T!4C COPIES 0 THE PARTNERSHIP AGREEMENT AND TWO COPIES OF THI ''ERTIFI- CATE OF TRADE NAME UNDER PROVISIONS OF CHAPTER 333 , MINNESOTA / STATUTES , CERTIFIED BY THE CLERK OF DISTRICT COUR '' , ( 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 sane Phone • (Street) (Area Code & Number) Home Office same (City) ( State) ( Zip Code) ( b) . The full names , residence addresses and telephone numbers of all officers . of said corporation or association . President Ronald Nagle Phone 32.z9_34-0831 ( Area Code & Number) Residence Address 17918 Bell Circle West, Minnetonka, Minnesota ( Street) (City) ( State) ( Zip Code) (3) • enural •Information (On /Off Sale Intoxicating) 9 � Vice President N/A Phone (Area Code & Number) Residence Address (Street) (City) (State-I ( Zip Code) Secretary Thomas O'Meara Phone7 2 R24-6-fin 3 (Area Code & Number) • Residence Address 3427 Humboldt Avenue South, Minneapolis Minnesota ( Street) (City) (State) (Zip Code) Treasurer Charles Ruffenach Phone 612/471-7995 ( Area Code & Number) Residence Address 2473 Black Lake Road, Spring Park, Minn ota ( Street) ( City ( State) -Rip 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'Nteara Interest 33 1/3 % Residence Address 3427 Humboldt Avenue South Phone 612/824-6 303 Minneapolis, Minnesota Area bode & Number) Full Name Charles Ruffenach _ Interest 33 1/3 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) 'd ) . The 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, Spring Park,Minnesota (Street) (City) ( State) flip Code) (4) General Information (On/Off Sale Intoxicating) I 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) Full Name Phone ( Area Code & Number) Residence Address ( Street) ( CityT ( 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 7h, 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 303 . 8( a) . If the ap-plicaat is a club , state -name of club? Date that club was first incorporated : Place of such organization : Present number of members : The full names , positions., residenc - 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) Full Name _ Position Address _ Phone Street , City, State, Zip Codes Area Code & Nu' ber Full Name Position Address Phone ( Str'eet , City, State, Zip Code) Area Co .' & Number Full Name Position Address _ Phone ( Street, City , State, Zip Code- (yea Code & Number) Full Name _ Posity�n Address Pho e ( Street, City, State, Zip Code) (Area Code & Numberr Full Name Position Address _ Phone ( Street, City , State, Zip Code) (Area Code & Number) Full Name — Position Address Phone (Street, Cit ,--State, Zip Cod - ) ( Area Code & Number) Full Name Position Address Phone ( Street, City, State, p Coded (Area Code & Number) Full Name = Position Address Phone ( Street, City, Sate, Zip Code) (Area Code & Number) ( b) . The full names , res 'dence addresses and telephone number of the manager, assistant manager, food manager , beverage manager or any other individual with management r -sponsibilities for the club ' s premises to be licensed . i Full , Name Position Address Phone tre: , City, State, Zip Co . e) (Area Code & Number) Full Name Position Address Phone _ Street, City, State, Zip Code) (Area Code & Number) Full ame Position Address Phone ( Street, City , State, Zip Code) • (Area Code & Number) (6) General Information (On/Off Sale Intoxicating) Full Name s Position Address Phone ( Street, City , State, Zip Code) ' rea Co.": Numser 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 a, : :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 ' " i THEREIN . IN THE EVENT THAT NO PERSON CAN MAKE SUCH A STATEMENT , SATIS- F ' CTORY 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 Shakopce 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 ' o n e Residence Address Business Address Phone Full Name Phone Residence Address Business Address Phone r;•= ( 7) eneral Information (On/Off Sale Intoxicating) , 2 . Where the building 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. dao copies of lease attached. 13 . If the building is owned by the individual applicant, partnership , cor- poration or association, state : N/A ( a ) 13-a tc pttrefretsed ( 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 -of contract 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 (/ 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 fees, insurance 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. ScherberPhone • __ Address 2060 Shoreline Drive South, Wayzata, Minnesota 55391 Na t u r e of Interest, etc . Security interest held by prior owner. • 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 . 5 . 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 fcetj ( 9) 'neral Information (On/Off Sale Intoxicating) 7 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. 3 . 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. • 1 . 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 . ). 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) Full 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 (Area Code & Number) Residence Address ( Street) ��— ( City) ( State) (Zip 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) . IOhTA FALLS, INC. _ (Signature ofTpplicant) Ronald Nagle, President Y FALSIFICATION OF ANSWERS TO THE PRECEEDING QUESTIONS WILL RESULT IN DENIAL OF E APPLICATION . ( 11 ) 774 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 - MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Permanent Improvement Revolving (PIR) Fund DATE: November 13 , 1981 Introduction During the 1982 Budget preparations , Council looked for an ordi- nance establishing the guidelines for use of the PIR Fund. We could find no ordinance at that time, but with the subsequent help of Mr. Mel Lebens , we have found a resolution establishing the fund (attached) . • Background The City Attorney has indicated that Minnesota State Statute 471 . 57 provides for the creation of Public Works Reserve Funds . The statute reads as follows : 471 . 57 Public Works Reserve Fund Subdivision 1 . Tax levy. The council of any city, however organized, may establish by ordinance a public works reserve fund and may annually levy taxes within existing limits for the support of such fund. It may, by the ordinance establishing the fund, designate a specific capital improvement or a type of capital improvement for which the fund is to be used. The proceeds of taxes levied for its support shall be paid into the public works reserve fund. There may be paid into such fund any other revenue not required by statute or charter to be paid into some other fund or used for purposes other than those provided in this section for the use of the public works reserve fund. Subdivision 2 . Purposes . Except as provided in subdivision 3 , the public works reserve fund shall be used only for the specific capital improvement or type of capital improvement designated by the ordinance establishing the fund. If not so designated, it shall be used only for capital improvements of a type for which the municipality establishing the fund is authorized to issue bonds . The term "capital improvement" does not include the con- struction or acquisition of any steam heat , telephone, gas or electric plant or system. No expenditures shall be made from the public works reserve fund before the first fiscal year follow- ing cessation of hostilities in the present war as declared by proper federal authority. Subdivision 3 . May use fund for other purposes upon vote. The Council of any municipality which has established a public works reserve fund by an ordinance designating the specific improvement or type of capital improvement for which the fund may be used may submit to the voters of the municipality at any regular or special election the question of using the fund for some other purpose. If a majority of the votes cast on the question are in favor of such diversion from the original purpose of the fund, it may be used for any purpose so approved by the voters . Mayor and City Council TC. November 13 , 1981 Page Two Problem The problem is that M.S. 471 . 57 states that the fund may be estab- lished by Ordinance, not resolution. Alternatives 1 . Have the present resolution redrafted as an Ordinance. 2 . Have the present resolution modified eliminating the require- ment that any money used be replaced and interest charged. 3 . Other Summary & Recommendation The PIR Fund was created and used much as we are using individual Special Assessment Funds today. Thus , the question is what pur- pose or function should the fund play in the future given the City' s extensive use of Special Assessment Funds today. One reoccuring problem the City has with its current configuration of funds is the lack of a fund to use for miscellaneous capital improvement projects that cannot be assessed. Generally a City has a fund called a Capital Improvement Fund and the fund for such projects receives its revenues from: surplus from closed out bond funds , surplus from the general fund, etc . The fund does not necessarily have a regular source of income but it can. It is staff ' s recommendation that the PIR Fund be established by a new Ordinance that does not have the repayment requirement . Action Requested Direct staff to draft a new Ordinance creating the PIR Fund without a specific requirement to reimburse said fund for all expeditures from the fund. JKA/jms I. " 14 lit sIlL.f) \u'l'It I: in flit' Peru:anent Jml•,.•,cult la ,1 1 Il4:�u Lt TION I ItE-lT1\(: Aa•`'te•••'al1 4'U111.! 41.61C lin 1:“... yUt- pveb ul ci•ratnrg aoU uuuutalit,ug 1.1'.n.11 \\h:.\'1' Ilia'tct/\1..H1.NT sa.0 fund, (tie cit) snail ,to tnw,ln Illi\u1.%INC; F'I \I) .l\li 1'ItU\'- isnot sum skit its tiegvtitu,le ii. .poii i' 1.11\t. I,Oki 'Ill1. Its, t, ('1-: OF l vi'it.a„tii / t 111.pruen,,•t„ ,„ t„ivin 1# • uu\115 '1'11 CHF:t• E-: AND \ mo LAIN- 1•leu , unds. '1rr� 1“.11,3s ate to be I 'PAIN ''.11) Fl\I). ,sau,d in toe aeel••-bale ;Aiii,tpal 1t \.tie.l.r:.t., toe City of Shakuyee a.,.uUet .,i iuu,ctu . t„ u•: •:0 it, n'unt- rae:. ,,,rctuturr undertaken various Ort' and euhiorred IIrul 1 to Le. ' t,..tet told selves ,inprot erutute ler uu,h ,etlua,re, tv e datc,i \,avrltr- 7 1 ,•e.t.a a,'teiui a--etaaiu,nt: lacy' uu lel' 1, t.,a and to, Lr .iu the deD- lott,•11 a1;a,eat oenelltt•u yt'opel'l)', uw4iat{ou or 81,0VU rush, to Gear 1 ', .u,u, Inter eat at the rate der'•ig hated by 3. tEl:t:,ati, the elft has stat ff_ lee successful bidder, payaote July I t 1,1‘.."1. 1nus to pay tee ueeot:et dun 1• iy+� and scuuannuxllY there. ! +.. • u weI Lie Lb heretofore entered In- atu'c on the 1st du)' of Januar>> U, or neltalter to be Millie tor tee and the lit du) of July in each ,ouILI'uut.vil w Said inlpruvemeiits, !ear, and to mature s,rIuUY on alio, JanGa i y 1st in the amount of IIEIREAS, the common count ll 911.000 in each of the years 1951 0, of fur op,ulun Iliad the ural to 19L0, Loth lotlusive, without at ,,,i,•trstn 01 the city 11114 o[ OPtion of prior ysy scent. ate pr opt rty owners tiiereht will 4. the common co;in,Il stall I� i,t• bent sorted by the creation of meet at the 0ouncll chambers inlets in 1' - 1 c t ueut Lnpruveiuent ltevol• the City 11411 on 'l}.ureda y• the t'f In;, r um] to provide moneys for 'til dad, of November, 1144& at I u,• I iiia o,'{rtlt of loyal Improve- richt u cluck 1'.\l., for rho {•ur' i; ,u,IIIA 1 tut e,ty, and Pose Of ol'uninh, rev( and ) L, Iil,,I,,, 1�, tilt. common I tincil unsldenng healed bids for the ' I.d. ,utor,uruett that it trill br me- It of BU,lrpt Permanent lm• �I+r:e. ! 1 1'crn:ant• 1 e.s.+r> to lIIm,v de np{,ru'ittutte1y. provement Revolving Fuici ilor,dn, ,1 4 rJ t.ie,00u in 501(1 fund for rut11 our- and the city tccnrorr is 4ut1 r• 11 orlsed and diicetcd to rause notice i .'ti it\, I'If)sltl:FURl:, H 17 I 1' r f sale of said bunds to Le /riven •• i IIESt,I.\'L'U by the common coup- b1 r two weeks publication In the i•11 of the City of Shakopee, Min- official newspaper. Said notice; n(si ld, us follows: ehal call for bids Stating an In- f�' 1. it is beret>' determined that forest rate hi multiples of one- it it' eecess:u'y tttd expedient to plaster or one-tenth of tine per- it ii 1'oriuttn nt improvement cent, shall state the bond- will be t { ' 31.3 ulc.luG rood nor' till.pose made payable at any Sultai,le bank ' tilt. or trust company dre!Rnated by ? S' .a, 1 tui.Jlig x local Ittile DUI said i;iee! mall be et permanent gen the purchaser and that the• city /41•” dl tun,) and said fund shall be Will furnlai: printed bonds 11114 the ` „•d o-,11,•!v (e finance local bn- approving legal Op!noe of M•'sert. ii of cnn•nra foul shall br a revel• A'aegro & Benson, 12iiea Nurihwes- j • tin}, land to provide monrvs In tern Bark Building, Minneapolis. i ;;J " , +.,,. • :u, s;,eaal Improvement ti.:nde. \linnesota. both 'without cost to i • i Lciii h money's shall.e restored t. the purchaser, and shall require %ern fund when and as assess• tnat each bidder shall turnir:h a ' t • � meats are collected tor local lm• good falth check or bank draft In d ` ient/4nts. In order to preserve the sum of at least 11,000. The the solvency and permanency of said notice shall further provide that '+ ' Permanent Improvement Revolving Lends Abell mature serially on January 1St in the amount of I ant: It Is hereby determined that all money furnished to local its• 6,000 In each of the years 1961 1 ptie repaid to 1960, both inclusive, and that 11 rovent„nt funds shall the Common council reserve the with interest at the rate of not less that: foure right to reject any or all blds nod time for which percent Money has tentedjOn the sale if deemed exped- Le••u eo furnished. lett 2 The Permanent Imprncement The foregoing Resolution war ltevolv111l• fund shall be kept by of thte Commoned at n Corn.Ilitof theCitythe trea,,,ncr as a separate fund of Shakopee Y of the city apart from all other M1nn^ants held Cet- T lift funds or accounts, end the ober 111th, 1Sf�8, moneys therein shall De used tor (Signed) RAY fi1iCHT:Na[.T^,R - no other purpose than as herein l'tl;sldent of the f`ommon Council „ 't pi., id, i . ex that when and A t as there shall be anymoney in F. D[RCK$ raid fund not needed for local lm- City Recorder , ,Fit nrovernents. the city recorder and treasurer are authorised to Invest Approved this 14th day of October „1101 moneYe In bonds of the Un- 1941. it ed States of America or State JORN ' ' of 1ltinn,•sota or In general Oblig- CAVA • 4tfon bonds or other securities of Deaver, City of Shakopee the city. (hlbIfsnnt lu till 8halROpee Valley nt , ' 1 3. In order to provide monty News October 1. 11�t. 1y, .,.it F A,., 'Ili` . lJ r x t, r1� , _ A. •- lar • I e fi,a • 1,.„,„tr a `r tf� v�"•y , i vt t•. 4^1$i' !t a 9f ::,t-,4 7' ' � .. , Ci MEMO TO : Mayor and City Council FROM: John K. Anderson/City Administrator RE : Renewal of Refuse Agreement with G & H Sanitation, Inc . DATE : November 13 , 1981 Introduction: City Council , at its October 20, 1981 meeting, directed City staff to negotiate a new Garbage and Refuse Collection contract with G & H Sanitation, Inc . The proposed contract is attached along with the G & H rate proposal . Rate Survey: At staff' s request, Bob Elliott of G & H did a survey of present munic- ipal refuse collection rates and that survey is attached. As noted in the survey the average rate at the time of the survey was from $6.00- $7 . 25 per month. G & H is proposing an average $4. 11 monthly rate for Shakopee for 1982 . In addition to the cities covered in the G & H survey, I contacted the following cities: City Pickup Type of Service Cost Chaska wkly Licenses Sev. Pvt. Haulers $6. 50-$7.00/mo. Bloomington it it " " $6.00-$8. 50/mo. Burnsville " " " " $7. 50/mo typical Coon Rapids it " " $6.00/mo average Edina* it it " ++ $7. 50-$9.00/mo. Lakeville " " " $8.00/mo typical Minnetonka " " ++ $7.00/mo average Prior Lake " " " " $7. 50/mo typical Richfield " " " " $6. 60/mo average Savage " " " " $7. 50/mo typical *Edina does not allow curbside pickup. It is apparent from the two surveys that the prices proposed by G & H are very reasonable compared to the prices paid in our neighboring communities. The percentage increase for the proposed rates is : Alternative 'A' 1981 1982 Increase 1983 Increase Regular Service $3. 80 $4. 37* $ . 57( 14%) $4. 89* $. 52(12%) Senior Citizen $2 . 45 $2 . 58 $. 13( 5%) $2. 71 $. 13( 5%) Average $4. 11 $4. 57 Renewal of Refuse Agreement / s November 13, 1981 Page -2- *The proposed rate increases includes an estimated 25¢ each year for estimated increases in land fill charges to G & H. Thus making their percentage increase approximately 8.4% in 1982 and 6. 2% in 1983. Staff requested an alternative rate structure that would increase the regular service and senior citizen charges the same percentage . Those rates are as follows: Alternative 'B ' # 1982 1983 Regular Service $4. 33 $4.82 Senior Citizen $2 . 80 $3. 12 *Alternative 'B ' is $73. 56 less than Alternative 'A' over the two year period. City Charges: The City has added an additional 100 per month per resident for at least 4 years for handling the billing and collection for G & H (charges are included in our monthly utility billing) . During 1980 this 100 was not sufficient to cover our costs: 1978 1979 1980 Revenues $86, 614 $86,107 $95 , 795 Expenditures $85,344 $83, 149 $98,084 Surplus $ 1 , 270 $ 2, 958 ($ 2, 289) (deficit) To rectify this situation which could be repeated in 1981 which has revenue of $76,365.17 and expenditures of $74, 203.01 through October 31 , 1981 , staff recommends increasing the City' s charge by .020 per month. Summary and Recommendation: The City has received excellent service from G & H and complaints have been almost non-existent. In addition, G & H has indicated they plan to experiment with a large plastic trash container that has rear loading capabilities. This service would be introduced on a voluntary basis after the trial period. Staff recommends renewal of the contract which, except for rates, is identical to the 1980-81 contract at the rates in Alternative 'B ' . Alternative 'B ' rates are recommended because the difference between the regular service charge and the senior citizen charge is held relatively constant and would not continue to increase as in Alternative 'A' . Renewal of Refuse Agreement • November 13 , 1981 Page -2- Action Requested: Authorize the proper City Official to execute an agreement for refuse collection for 1982-83 with G & H Sanitation, Inc . at the following rates : 1982 1983 Regular Service $4.33 $4. 82 Senior Citizen $2.80 $3. 12 GARBAGE AND REFUSE COLLECTION CONTRACT January 16, 1982 - January 15 , 1984 THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Shakopee, a Municipal Corporation, hereinafter called party of the first part, and G & H Sanitation, Inc . , a Minnesota Corporation, at 12448 Pennsylvania Avenue South, Savage, Minnesota, hereinafter called party of the second part , as follows : For and in consideration of the covenants herein set forth, the said party of the first part does hereby hire the party of the second part as garbage and refuse collector; and the said party of the second part does hereby covenant and agree that for and in consideration of the payments to be made by said party of the first part to the party of the second part as herein provided, that the said party of the second part will serve the party of the first part as a garbage and refuse collector in accordance with the following specifications and terms: a) One collection per week shall be made. b) Collection shall be made of all garbage , household refuse and yard debris generated by the residents. Household refuse shall mean and include such items as garbage (drained and wrapped) , tin cans, bottles, sweepings , cleanings, trash, litter, domestic solid wastes placed in containers with cover and handles not to exceed thirty-two ( 32 ) gallon capacity. Plastic bags may also be used. Such refuse may also include yard debris such as grass clippings and leaves placed in such containers or in bags of such size and material that can easily be handled by one man. In addition, there may be brush or trimmings in a reasonable amount tied in bundles not over three (3) feet in r1/ length. c) Collection service shall be for all dwellings, singel , duplex and triplex, and presently collected multiple residential and commercial establishments, that desire collection services and are located in the "urban" area of the City of Shakopee with approximate boundaries of the Minnesota River, Shawnee Trail , Austin Street, Thirteenth Avenue and Tyler Street. d) Refuse shall be placed by the alley unless other arrange- ments are agreed upon by the resident and the collector. If there is no alley, refuse shall be placed at the curb, but not prior to the day of collection. e) Household appliances , excessive amounts of brush, remodeling and containable refuse must be picked up by the collector if the resident calls the office of the collector and makes necessary arrange- ments. Such service furnished by the collector to the residents of the City of Shakopee will be charged to said residents by volume, time or both. Such special service shall be billed and collected by the office of the collector. f) The collector must furnish proper compactor units and other necessary proper equipment. The collector also must furnish all necessary help and labor in the performance of his contract and to dispose of all such refuse so collected in a lawful manner. g) The collector must obtain and file with the City of Shakopee a Performance Bond for the life of this contract in the amount of $50,000. h) The collector must keep a good and sufficient liability and accident policy in force in the amount of $200,000 - $500,000 for bodily injury and $50,000 for property damage saving and protecting 'cid/ the City harmless from any accident that might result due to the use of the collector' s truck or trucks and employees or from any act or omission of the collector' s employees. The collector shall keep at all times in full force, at his own expense , proper and sufficient Workmen' s Compensation Insurance . i) The collector must file a valid Certificate of Insurance with the City of Shakopee showing that the insurance coverage men- tioned herein is in full force and effect and each policy or certif- icate must name the City of Shakopee as an additional insured with • the requirement that the City shall be given at least ten (10) days notice in writing in the event of any cancellation of said policies. j ) The City will act as billing and collection agent for the collector. The collector will be paid on a monthly basis with pay- ment being made by the fourth Monday of each month beginning with the fourth Monday in March, 1980. The amount of each monthly payment shall be the monthly charge times the number of units billed at the beginning of the month by the City. The rates that will prevail during the life of this contract are as follows: 1 . For the year beginning January 16, 1982, and ending January 15 , 1983, the charge for regular pickup shall be $ per month; Senior Citizen pickup shall be $ per month. 2. For the year beginning January 16 , 1983, and ending January 15 , 1984, the charge for regular pickup shall be $ per month; Senior Citizen pickup shall be $ per month. k) The breach of any of the terms and conditions of this contract on the part of the collector shall be grounds for cancellation of this contract by the City. Upon such termination by the City, the City shall have the right to contract with other parties to perform the work or to perform the work without a contract. In either case , the City shall hold the collector and his surety liable for any excess cost for performing such work over and above the cost to the City of the initial contractor had continued to perform the work in the manner anticipated at the time the contract was awarded. Termination of the contract'as herein provided shall not terminate, suspend or affect the liability of the surety upon its bond. Failure to comply with the terms of these specifications relative to the collection and disposal of garbage and rubbish on the part of . the collector by reason of major disaster or extreme emergency within the City of Shakopee shall not constitute a breach of the contract. All the provisions of the specifications for the collection and disposal of garbage and rubbish in the City of Shakopee, Minnesota that formed a part of the call for quotations dated October 19 , 1979, shall be, and hereby are, incorporated herein with the same effect as if fully set forth herein, save and except insofar as such provisions of such specifications are inconsistent with any of the specific per- formances of this contract . The party of the second part covenants and agrees with the party of the first part to do and perform all those things set forth in the above contract, which are to be performed by said party of the second part as garbage and refuse collector of and for the party of the first part , and it is mutually agreed by and between the parties hereto that this contract shall be for a two year period beginning January 16, 1982, and terminating January 15 , 1984. IN TESTIMONY WHEREOF, the party of the first part has caused this contract to be executed in its corporate name by authority of its City Council and the party of the second part has caused this instrument to be entered into by authority of its Board of Directors, all as of the date first above written. THE CITY OF SHAKOPEE, A MUNICIPAL CORPORATION By Mayor of the City of Shakopee By City Recorder-Administrator G & H SANITATION, INC . By Its President 890-1100 eb SANITATION Inc. Allen J. Hennes, Pres. 12448 Pennsylvania Ave. South Edward M. Gregory, V. Pres. SAVAGE, MINNESOTA 55378 November 11, 1981 • Mr. John Anderson City of Shakopee 129 East First Street Shakopee, Minnesota 55379 Dear Mr. Anderson: Per our recent conversation we are proposing the following rates for residential refuse removal in Shakopee for the next two years, 1982 and 1983. 1982 Regular Service $4.37 per month per unit Senior Citizen 2.58 per month per unit Average cost for all pickups $4.11 per month per unit 1983 Regular Service $4.89 per month per unit Senior Citizen 2.71 per month per unit Average cost for all pickups $4.57 per month per unit Rules: No change. The same rules that were in effect in 1981 will apply. To help give you a handle on what is happening in other communities that have a Municiple Refuse Collection we are enclosing a current survey on their rates and limits of service. I have also enclosed a 1977 survey for your information. If you have any further questions please call me. Thank you for your past business, we look forward to serving the City of Shakopee in the future. Sincerly, —44 Bob 'Elliott, General Manager G & H Sanitation, Inc. k 9 MUNICIPAL REFUSE COLLECTIONS The following figures are for once a week refuse removal and are current except where noted. The communities showen have Municipal service. CITY TYPE OF SERVICE COST Anoka Unlimited pickup of cans and bags $5.00 per month Blaine Unlimited pickup of cans and bags 6.00 per month Columbia Heights 2-32 gal. cans and bags. 5.50 Reg. 2.o0 Senior Deepaven 2-cans 5.00, extra can 1.00 mo bags .50 @ Excelsior 2-cans Regular, 1 can Senior 4.20 reg. 2.90 senior until 4/82 then 4.79 reg., 3.20 senior. Extra can 1.00 mo., Bdgs .502 Farmington Unlimited pickup. City crews 7.83 per month Hastings Unlimited pickup of bags and cans 6.50 per month Minneapolis Unlimited pickup of cans and bags 4.52 per month Osseo Unlimited pickup of cans and bags 5.50 per month Robinsdale Unlimited pickup of cans and bags 3.95 untill 1/82, 1 .55 St. Louis Park 8Ii Unlimited pickup of cans and bags 3.62 end of contract 12/ 82 (5yr.) Stillwater Unlimited pickup of cans and bags 5.50 reg. 2.10 senior contract until July 82. Town of 'White Bear Unlimited pickup of cans and bags 5.50 reg. 2.75 senior for rest of 1981 White Bear Lake Unlimited pickup of cans and bags 5.20 reg. 1.30 senior reviewed next April. Currently the prices for residential refuse removal in communities that do not have a Municipal service ranges from $6.00 per month to $7.25 per month on an average. All of the above figures were obtained in November of 1981. ,,yoFEH44-4, CITY OF SHAKOPEE ?4,129 East First Avenue, Shakopee, Minnesota 55379 ]C�// �'tt�rt�t►��� • MEMO TO: John K. Anderson FROM: LeRoy Houser/Bldg. Official SUBJECT: Energy Program DATE:. November 2 , 1981 Introduction: As per our conversation regarding the energy saving suggestion by Ms. Wostrel , being in charge of public buildings I will address the four specific items. Background : The City Council passed Resolution No. 1604 establishing a procedure for obtaining an energy and cost saving award. Ms. Wostrel responded to this in anticipation of the award by offering the following sugges- tions which I have added the estimated cost to: 1 . Place insulated curtains on all windows in Council Chambers $ 400.00 2. Tape around all electrical outlets $ 25.00 3. Cover up or build up open spaced in closet in Council Chamber $ 250.00 4. Weather strip doors $ 50.00 Total Estimated Cost : $ 725 .00 Conclusion: The above items will improve the comfort index for the occupants in the Council Chambers, however, because it is a public building with doors opening and closing constantly, the measure of energy savings is not within the realm of my ability. Alternatives: 1 . Do the work. 2 . Don' t do the work. Recommendation: Do the work if we can afford it. 8 MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Administrative Assistant RE: Metro Government Commission DATE: November 12 , 1981 Introduction During the last legislative session the above-listed Commission was established to review problems and accomplishments related to the existance of the Metropolitan Council and its related Commissions . The City of Shakopee may now wish to contribute comm6ntary on the Metro Council to the legislative Commission. Background The Commission has recently commenced its activities and is meeting approximately every two weeks . Representative John Brandl is the Commission Chairman and Senator Bob Schmitz is the Vice-Chairman. Senator Schmitz has announced his interest in receiving written commentary from parties pleased or aggrieved with past actions of the Metropolitan Council on any issue which it is concerned, including land use planning, transit, health care, sewers , etc. He is interested in knowing the history of past conflicts as well as suggestions on how future conflicts could be avoided. Depending on future Commission activities , hearings on issues presented may be scheduled and the City may be requested to testify regarding these issues . Requested Action Discuss the past performance of the Metropolitan Council and its related Commissions . Direct staff to draft a letter to Vice- Chairman Robert Schmitz, Minnesota Legislative Commission on Metro Government , outlining the concensus comments of the City Council of the City of Shakopee on past performance and future improvements in the operation and structure of the Metropolitan Council and its Commissions . JA/jms q 3- MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Request for Vacation of One Half Block of Shakopee Avenue Between Adams and Jefferson DATE: November 4, 1981 Introduction Mr. Jerry Aronson and Mr. George Miller have requested the vacation of the above mentioned street (map attached) . This request was made in March of 1977 and was turned down for three reasons (letter from Doug Reeder attached) , and in December of 1971 when both Planning Commission and City Council voted to deny the petition for vacation because of "the future uncertainty of the development of Seventh Avenue" . Background The current request has been reviewed by the City Engineer and the Public Works Director. The key considerations they have listed are : 1 . Do we want a street that is half a block long? 2 . Could we vacate the entire street between Adams and Jefferson? 3 . Could we reduce the west half of the street to alley status and vacate the eastern one half as requested? 4. What will the future street patterns be? 5 . What is the most cost effective alternative from a construction and maintenance standpoint? 6 . What does the neighborhood want? The two alternatives that the Engineer and Public Works Director believe to be the most viable considering 1-6 above are : 1 . Complete the street through to Adams when Adams is improved . Pros - This would improve maintenance and aid intra neighborhood traffic circulation. Cons - It would create more traffic on this portion of Shakopee Avenue , would be another entrance on a major collector street and its construction would be difficult to assess to the abutting property owners (ie . the City would probably have to finance it) . 2 . Convert the western half of the block into an alley that would serve existing garages and tie into the existing north-south alley; and vacate the eastern half of the block as requested. Cf Mayor and City Council November 4, 1981 Page Two Pros - This would still provide access to the garages , access to and from the alley, and would reduce maintenance costs . Cons - The existing western one half of the street would even- tually have to be reconstructed to fit within an alley R-O-W of 16 feet at City cost and it would eliminate any possible extension of the street east to Adams at some- time in the future . 3 . Vacation of the street in phases vacating the portion requested now and then the western half of the block (maintaining an alley) when the property owners abutting it request it . Pros - Same as alternative #2 . Cons - Same as alternative #2 . Summary City staff does not have a strong preference for either of the above alternatives , so perhaps the deciding factor should be the neighbor- hood . This could be accomplished at a formal street vacation hear- ing. At such a meeting Council could also explore the possibility of vacating all of Shakopee Avenue west of Adams Street which has two garages and no houses facing it . Action Requested Set a public hearing for the vacation of the eastern one half of Shakopee Avenue between Adams and Jefferson for. December 22, 1981 at 7 :45 p.m. JKA/jms �� u MEMO TO : John Anderson City Administrator FROM : H . R. Spurrier Cit' Engineer RE : Vacation of Shakopee A Jefferson Street to Adams reet DATE : November 13, 1981 Introduction : Pursuant to your :nquiry, I have reviewed the above-captioned matter. Background : Based on field reconnaissance and review of file drawings, I can find no purpose for extending Shakopee Avenue easterly from Jefferson to Adams. The existing roadway has the characteristics of a pavement that has used half of its normal service life. The roadway serves no other function other than to connect Jefferson Street to an alley between Jefferson and Adams. The roadway is not required for circulation or access. It presently functions as a parking lot for adjacent dwellings. There are three alternatives that could be pursued here: 1 . Do nothing. This alternative has been selected twice in the past. 2. Vacate Shakopee Avenue between the alley and Adams Street immediately and then vacate the west half of Shakopee Avenue in the event reconstruction is necessary. The reconstruction should be similar to Prairie Street between 3rd Avenue and 4th Avenue; 3. Construct Shakopee Avenue between Jefferson and Adams at the City's expense since such an improvement would not increase the value of adjacent property. Such construction is estimated to cost approximately $18' 000' 00, Recommendations: It is the recommendation of City staff that the east half of Shakopee Avenue between Jefferson and Adams be vacated and that the west half of Shakopee Avenue between Jefferson and Adams be vacated as soon as it is necessary to reconstruct Shakopee Avenue between Jefferson and Adams. HRS/ iw Attachment : Location Map 114, ....-44..ela iio% 1_•.__O / ,,/ ' 4.e si11 . ..1 vm _ 11->7,,,/----- / , \ Ina. _ / 0 RIVERVIEW PARK rWOMENSX1 . VSkvelb. �0 11OR" 81111616 R EFORMAT 8 .00111115101011111 r Vh 1 1111 / - -''marl C Vt% 011 1 / ...... d .-gld STATE FARM < t I ,k: SHAKOPEE AV` / s *s6 _______5 lir ,,,_ lc; .0 :611IP. 11/ a ! IN — 0 . o0 _ 2 cc ` < /0>h AVS u' d U. 1 3, IrW v 4riw ,.. . EDWARD B GRACE atr . • SWEENE`. .-,....... CHRIST SCHOOL itit CHUR. -- . - - -' ill INT- CHURCH ST ._ _-- mil ilMARKS MA 0 7 -- ill CEM. CI t0 I 24Y I 24 1 24 1 I MUNICIPAL POOL 1 k —_ N. -- 1 ,� .o . 9 CJS I _____ -T-........,........ La ,, 13 tL 19 .L tj tLf t2 [7---j-5 1__i /2 TN AVE. ` 1 i }, 0 Jerry Aronson 674 South Adams Street That part of the Northernly one-half of Shakopee Street (now known as Shakopee Avenue) as depicted in the plat of replat of Notermann Addition, lying between the Easterly line of Lot 6, Blk. 1, replat of Notermann Addition extended Southerly, and the Westerly line of Lot 6 Blk. 1, replat of Notermann addition extended Southerly. , i[i0Y�2i4-)^' George Miller 706 South Adams Street That part of the Southerly one-half of Shakopee Street (now known as Shakopee Avenue) as depicted in the plat of replat of Notermann Addition, lying between the Easterly line of Lot 1, Blk. 3, replat of Notermann Addition extended Northerly, and the Westerly line of Lot 1, Blk. 3, replat of Notermann Addition extended Northerly. CITY OF SHAKOPEE 2" INCORPORATED 1870 }. N(O1� 129 E. FIRST AVE. 55379 March 14, 1977 Mr. Jerry Arndt 674 So . Adams Shakopee , Minnesota 55379 Dear Mr. Arndt : After reviewing your request to vacate 7th Avenue from Adams to the alley between Adams and Jefferson with the City Engineer, we have concluded that we could not recommend such a vacation to the City Council for the following reasons : 1) We would never want to end up with a street that is only half a block long as this would be . 2) The entire street between Adams and Jefferson could not be vacated because of the existing garages . 3) We do not know the future street pattern to the east . At the time we do upgrade CR #15 it would be my recommendation that a curb cut be made and 7th Avenue completed. I do not now know of plans to upgrade CR #15. I know this is not the answer you were looking for, but at least you know what our thoughts are . If you would like to discuss this further, please stop in. Sincerely, 572 Douglas S. Reeder City Administrator DSR/jsc CC: Mayor Harbeck The Heart of Progress Valley An Equal Opportunity Employer ADC. MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE : Acquisition of Railroad Property Adjacent to the Shakopee Public Library DATE: November 13 , 1981 Introduction Mr. Coller has been told by the railroad that they are accepting the City' s offer of $10,000 for the purchase of their property adjacent to the Public Library. Background The Council will be provided a copy of an agreement regarding the proposed purchase on Tuesday, November 17th. This agreement is similar to an agreement the City made earlier dealing with the purchase of the railroad property north of the Huber Building. Mr. Coller is asking approval of the agreement and authorizing issuance of a $1 ,000 check as earnest money. Action Requested Authorize proper City officials to enter into an agreement with the Chicago, Milwaukee, St . Paul and Pacific Railroad for the purchase of property in Block 29, Original Shakopee and authorize earnest money payment in the amount of $1 ,0001 from the Capital Equipment Revolving Fund. JSC/jms uChicago, Milwaukee, St. Paul / 0 C. and Pacific Railroad Company Room 286 Union 516 West Jackson Boulevard Chicago, Illinois 60606 Phone 312/648-3000 CHICAGO — November 10, 1981. Refer to: S — Minn. — Shakopee City of Shakopee Mr. Julius A. Coller, II City Attorney City of Shakopee 24 West First Avenue Shakopee, Minnesota 55379 Dear Mr. Colter: Please refer to our meeting of October 27, 1981 regarding the purchase of a portion of the Railroad Company's property at Shakopee, Minnesota. I am willing to recommend to my management , the Trustee and the United States District Court for the Northern District of Illinois, Eastern Division, which has jurisdiction over the reorganization proceedings of the Railroad, the following proposal: SELLER: Richard B. Ogilvie, not as an individual but solely as Trustee of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Debtor. PURCHASER: City of Shakopee, Minnesota or nominee. AREA: Approximately 18,109 square feet of Railroad land as shown outlined in red on the attached print dated November 3, 1981. SALE PRICE: The sale price for the land to be conveyed will be $10,000 net to the Railroad Company. METHOD OF PAYMENT: The Purchaser will deposit with the Railroad Company $1,000 by certified check, cashier's check or bank money order payable to Trustee, Chicago, Milwaukee, St. Paul and Pacific Railroad Company upon execution of this agreement . Any balance will be due and payable at the time of closing in a similar manner. CLOSING: Closing will be at a mutually agreeable time and place unless Purchaser prefers to close in escrow in which case Purchaser will pay the entire escrow fee. The escrow agent shall be acceptable to the Seller. CONVEYANCE: The property will be conveyed by Quitclaim Deed from the Trustee, free from liens and other claims and subject to all existing leases, easements, licenses and rights of the public whether of record or otherwise. I Mr. Julius A. Colter, II /0 November 10, 1981 Page 2 MINERAL RIGHTS: Mineral rights are included in the consideration and will not be reserved in the deed . CERTIFIED SURVEY: The Purchaser, at his expense, will have a certified survey prepared by a land surveyor registered in the State of Minnesota. This survey will he prepared in accordance with the Railroad Company's survey specifications dated May 2, 1975, a copy of which is attached and shall be subject to approval by the Railroad Company's Chief Engineer. TITLE: The Seller has no abstract of title, title report or title insurance policy on this property and any such abstract, report or policy as may be desired by the Purchaser shall be obtained by the Purchaser without expense to the Seller. SALES EXPENSES: The Purchaser will assume all expenses in connection with the sale including transfer fees. TAXES: The property has not been locally assessed for real estate tax purposes. If it develops that any such taxes are due on or applicable against the sale property, Purchaser agrees to accept title subject to such taxes. Railroad Company will assume responsibility for all operating taxes assessed against the subject property prior to closing. SPECIAL ASSESSMENTS: The Railroad is unaware of any special assessments for public improvements presently levied against the sale site. The Purchaser by signing of this agreement and subsequent closing of the sale, agrees to assume the responsibility for the payment of all existing or future special assessments levied against any portion- of the sale area. COURT APPROVAL: Since the Railroad has filed for reorganization under Section 77 of the Federal Bankruptcy Act, it will be necessary to obtain approval of the U. S. District Court for the Northern District of Illinois, Eastern Division. In order to provide marketable title, a copy of the appropriate order of the court will he furnished at or prior to closing of the sale. EXPIRATION: If the sale terms and conditions as outlined herein are not accepted on or before December 12, 1981, this offer will be null and void unless extended in writing by the Railroad Company. If for any reason this sale is not approved by the Railroad's management, Trustee or U. S. District Court, the total deposit, as provided herein will be refunded and this agreement will he cancelled. If the foregoing sale terms and conditions are acceptable, will you please have the attached duplicate copy of this letter executed, dated and returned to me as evidence of our agreement together with the deposit P6 Mr. Julius A. Coller, III November 10, 1981 Page 3 as provided herein. Upon receipt of the signed proposal and deposit, I will submit the proposal to the Trustee and the Court for approval and confirmation. Sincerely yours, E. J. Stoll, Vice President Property Management By: R. J. Gu-gory Region. -Mgr.-P. p rt Mgt . 312/64:=3018 TERMS ACKNOWLEDGED AND AGREED TO: CITY OF SHAKOPEE, MINNESOTA By Date GRANTEE'S NAME TO APPEAR IN THE DEED AS FOLLOWS: The City of Shakopee, A Municipal Corpor4riov RJG/j(I 1 1 ` t� -� 0 \ \\nl fit.' (1 \\\,` / © 1 \ \ ,...-: ., -...--; l t a Q \ \ ti � oQ \ ,. �. \\ ..-- -- �' •q.� � e4Ul \\ � O � O� \ ' �b .s \ /br � \ % \ i., o °° \ a >.0f • \\ ()10• .µ ''1Jl5 \ . 1 ,3 \\ - Q - rl�• 'l �° `- • ��r" 2 J e\ \ " 1 7 °gym �� a oi. n\\\ N \,.. • I <. Go �yff. pini i oy !- . eLx.. : -r, \\ • r \ tt „11 :;''r.�j <-, \ t (11k ` -1 .o,(Jl e \ 0 - Oma' V,°- Gd \\\ ' '' • o- \bio \\ur - A • e\ 1.,. .:\\\-11 ,\ _ \ 3Fic� 1 vU ' \\ *.rJto{ - w CA \\N\-- / '1 • ,--- ' \ \ .° -A.P. tii. 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CD U) U) CD < H' CT HJ• = ct 0' < O U) 0 I-' P) P) CD 0 O O'Cl CD O 0 0 U) C) 'O 'd CD CD : O CD CD '1 • CD CD C H. C) CD 0) -P CP CO 0 01 0) N N C) 0) 01 H H-' 0) 0) 4 C,.) U1 0 •• H� (x 1-, co C7) 0.) (b co v 0 H' c0 0 (.0 O) 0 I-' c0 (1 O 0) N) 0 U1 Op 0 0 (p 1-' 0 0o co 0 N N 0 H-' -1 J 0 n co c0 co CD co co co (0 C x CO W U CO CO w (a U C • 0) 0) 0) 01 U1 U1 U1 U1 -P N H' 0 C0 CO ',1 0) 01 . . / W @PLk_s action , ..o ,.. . , , _., _, .. _ _ _ . ---T7-)1 rIIIIii1I league of minnesota cities ' \ j. °v71981 - _ �T_� ani OF C, KuPEE s�� 47 00 �,6 �J November 16, 1981 ,4W' "/ , au, ,y1.e cf- r •� + TO: City Managers, Administrators and Clerks `� fi►,n FROM: Peggy Flicker & Peter Tritz RE: Homestead Credit and Local Government Aid Payments i At a news conference today, the Governor announced that cities will definitely not receive payment in November or December of either homestead credit reimbursement or local government aide We first learned that this was under consideration late Friday. ) It is the Governor' s intention, however, to pay the full amount of the November and December 1981 local government aid and homestead credit to cities in early 1982. (There is a small chance that the payments could even be made before December 31 , if the most optimistic economic forecasts are correct. ) The administration' s current plan represents a change in two ways: 1 . Formerly, they planned to defer the November local government aid (LGA) payment, and then to defer the December LGA and homestead credit payments if the legislature failed to act to allow deferral of the payment of school aids, However, the state's cash flow problem has now worsened so that the November and December aid and homestead credit payments to cities will be withheld regardless of whether school aid payments are deferred. 2, The Governor has now for the first time made a commitment that his intention is that the November and December aid and homestead credit payments will eventually be made in full to cities, Of course, the state's ability to meet this commitment9and the timing of the payments,may depend on legislative action. In particular, payment by January or February would be possible only if the legislature acts to allow dererra8 of school aids Otherwise, payment would not be made before late March or April . We will keep cities informed of any further developments with regard to the 1981 aid and credit payments, or prospective cuts in the 1982 aid and homestead credit payments. PF/PT:cmt 300 hanover building, 480 cedar street, saint paul, minnesota 55101 C612] 222-2861 ro _ a ay 414 011.11 ,t,. St.Francis Hospital 325 WEST FIFTH AVENUE/SHAKOPEE,MINNESOTA 55379/(612)445-2322 November 17, 1981 Mayor Walter Harbeck City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: Holmes Street Lateral Storm Sewer Dear Mayor Harbeck: St. Francis Hospital is scheduled to break groundfor the new construction and renovation program of our facility on Block 58 this December. In addition to this project we are currently developing Block 57 for addi- tional parking to serve the hospital . These developments have placed even greater demands on an already inadequate storm sewer system which serves this area. St. Francis Hospital staff has worked with the City and staff to identify solutions to this problem but the solutions are temporary and stop-gap at best. The project on Block 58 calls for rerouting the storm water from the roof of the hospital along 4th Avenue from Scott to Atwood, only to be dumped in front of St. Mark's Church. This will be done at a cost of at least $ 5,000 and the end result will be identical to what is currently taking place. There is no other place to go with this water. The problem of run-off from the parking facility on Block 57 was side stepped by designing a holding pond area and constructing a temporary lot of Class 5 crushed rock. The lot will be black-topped only when a more permanent solution to the drainage problem is available. Again, St. Francis Hospital is forced to react by investing resources in efforts which are inadequate, unsatisfactory and of no value for a long term solution. In a recent discussion with Father Cassidy we learned the St. Mark's Church Council is also very concerned with the inability of the existing storm sewer system to serve its needs, specifically its need to improve the Church' s parking facilities. I would like to take this opportunity to suggest that when the City Council considers the Holmes Street Lateral Storm Sewer at their November 17, 1981 , meeting, that it be given a high priority on the City's Budget. SPONSORED BY THE FRANCISCAN SISTERS OF ST. PAUL, MN Mayor Walter Harbeck City of Shakopee November 17, 1981 Page Two As one of Shakopee's leading employers and one who has served the citizens of this community well since 1938, we ask that the City Council provide St. Francis Hospital with the same consideration any new business would receive which you would encourage to establish here. Yoursupport for the Holmes Street Lateral Storm Service to serve this area is greatly appreciated. Sincerely, 4Sist Agnes Ott' g Executive Director cc: Shakopee City Council H. R. Spurrier, City Engineer John Anderson, City Administrator Father Cassidy, St. Mark' s Church SAO/fpl pF THA.s, MINNESOTA CONFERENCE ON SMALL BUSINESS „ . 9 BLOOMINGTON AREA DELEGATION . + (Representing the Southwestern Metropolitan Area)04, N N tA • BARQ JND I N F0 MAT I OLEQ.R RE O 11 NNDA LON ;1 FLQRIDA OK R,S_CQM1P NSATION 7 RAO LQS. QB1 COMPENSATES FOR LOST EARNING POWER, MEDICAL EXPENSES AND REHABILITATION, COMEARMiti 19Z9. 1931 5TH HIGHEST STATE W. C. PREMIUMS 23RD HIGHEST STATE W. C. PREMIUMS 37TH HIGHEST IN BENEFITS 20TH HIGHEST IN BENEFITS 26,800 PERM, PARTIAL DISABILITY CLAIMS 11, 500 PERM. PARTIAL CLAIMS INVOLVING LAWYERS INVOLVING LAWYERS $130 MAX, WEEKLY BENEFIT $228 MAX, WEEKLY BENEFIT PERM, PARTIAL COVERAGE 350 WEEKS PERM, PARTIAL COVERAGE 525 WEEKS SDJIE KEY PQM A. LUMP SUM PAYMENTS VIRTUALLY ELIMINATED B. NO COMPENSATION FOR WAGE LOSS UNDER 15% c , COMPENSATION IS APPROXIMATELY 81% OF WAGE LOSS TO QUALIFIED WORKERS SOURCE : BUSINESS WEEK, NOVEMBER 2, 1931 TAX RECOMMENDATIONS RECOMMENDATION # 3 1 4 Corporate and personal income tax rates must be reduced over a five year period to provide existing and new businesses with the needed funds to compete, maintain, and expand their businesses. These reductions would stimulate the state's economy, increase production, and improve employment. Legislation is needed to: a. reduce corporate income tax rates to 6% on the first $50,000.00 and to 10% on the maximum rate. Timetable: $50,000 income 97 July 1, 1985 6% July 1, 1987 over $50,000 11% July 1, 1985 107 July 1, 1987 b. reduce the maximum personal income tax of 16% to 12%. Timetable: maximum tax 14% July 1, 1985 12% July 1, 1987 c. accelerate depreciation schedules similar to the federal 10-5-3 schedule. Timetable: federal conformance, retro- active to August, 1981. (As in St. Paul Chamber "2001 Report") 217! All state spending legislation should be tied to a specific revenue source, by combining existing state appropriation and tax committees similar to federal government. All state pro- grams, agencies and departments should be evaluated as to benefit versus cost, i.e. , bidding out data processing during peak periods rather than hiring additional personnel. 6 C2_52D The estate tax should be eliminated to the extent that it exceeds the credit for state taxes on the Federal Estate Tax Return. TAX RECOMMENDATIONS _2_ RECOMMENDATION ft 154 The property tax should be simplified and burdens between small business, agriculture and homeowners should be equalized. 142 The payment of Capital Gains taxes should be deferred, providing that the proceeds of the sale are invested in a Minnesota small business within 12 months. 118 The corporate income tax and the individual income tax should be modified to be no more than 25% of the applicable Federal tax with the corporate tax maintaining the current system of adjustingorapportioning sales. 204 A four (4) month residency requirement for all social welfare programs should be adhered to. 113 The recently enacted provisions of the Federal Economic Recovery Tax Act of 1981 , especially the accelerated cost recovery provisions, and all investment tax credit provisions should be enacted at the state level . 135 The lag in changing state tax laws when Federal tax laws change should be eliminated. The state should act immediately to deal with the change in Federal tax laws, e.g. , capital gains deduction to 60% rather than maintain the 50% exclusion. 182 Personal income tax should be computed as a percentage of Federal income tax. 117 The corporate income tax structure should be indexed. Regulations Final Recommendations RECOMMENDATION # �7a The Unemployment Fund deficit should be reduced by: a. Bringing Minnesota Unemployment Compensation standards into strict conformance with Federal law. b. Lengthening the minimum work period from 15 weeks to 20 weeks before an employee would qualify for benefits. c. Reducing unemployment benefits for wage earners earning more than $15,000 per year by adopting the following rule: Each employee will receive credit for wages earned up to $15,000. Wages earned over $15,000 would be deducted from the $15,000 limit creating a propor- tional decrease in the weekly benefit amount. Example: 1) Earnings $15,000 (maximum weekly benefit) 2) Earnings $20,000 ($15,000 - $5,000 = $10,000 credited wage resulting in 2/3 maximum weekly benefit) d. The legislature should review the enforcement of residency eligibility requirements and tighten reporting requirements. Checks should only be mailed to Minnesota addresses. 505 Worker's Compensation should be reformed so that: "Work Place" injuries are clearly defined to reflect only accidents "clearly" involving the employees work in order to restrict liberal court interpretations. Benefits are based on real wages lost and medical reimbursement plus rehabilitation if necessary. Lump sum benefits and permanent disability, either partial or full based on loss of body functions, would be eliminated. The law should be patterned after Florida 's wage loss system as established in 1979, rather than using Wisconsin as a model . All benefit payments are annuity type payments. That is, all lump sum payments should be eliminated in favor of weekly or monthly payments. Statutes of limitations on claims are reinstated. (continued next page) REGULATIONS RECOMMENDATIONS -2- RECOMMENDATION # 505 continued The Worker's Compensation Court of Appeals has equal representation of worker and employer groups. Complete and absolute apportionment of pre-existing conditions are included. 7 480 Minnesota should establish as public policy that all persons have and shall be protected in the exercise of the right, freely and without fear of penalty or reprisal , to form, join or assist labor organizations or to refrain from any such activities , i .e. , a right to work law. 448 State agencies should be prohibited from competition with the private sector, or in those limited exceptions where the competition is necessary, require fee structures to be equal to prevailing private sector prices. 372 Unemployment compensation laws whould be amended to restrict eligibility- a. for full or part-time students by excluding any student who attends high school either full or part-time for the receipt of unemployment compensation and severely restricting eligibility requirements for all students attending post-secondary educational institutions; b. by changing the present requalification period, after disqualification of benefits, to "eight times the established weekly benefits amount in insured work and a lay-off due to lack of work;" c. by requiring an earnings minimum of 25 weeks of the prevailing minimum wage times 30 hours per week; d. by paying benefits on a declining benefit schedule with a phase-out beginning after 13 weeks, when benefits initially drop to 50% of the previous benefit level ; e. by equalizing the contribution to unemployment compensation by providing for employee and employer contributions. 11( 313 The product liability system should be reformed to: a. Define and lessen liability for products that were altered or misused. b. Payments on product liability claims should be spread over the time period that the loss covers, i .e. , rest of the person' s life or other time period used in the court case or settlement. (continued next page) REGULATIONS RECOMMENDATIONS -3- RECOMMENDATION # 313 continued c. Establish limits of liability and philosophy of "real loss" rather than the current use of "pain and suffering" as a basis of claims. d. Set statute of limitations on filing claims. e. Require plaintiffs to provide a bond to pay defendent ' s reasonable legal costs if the plaintiff withdraws or loses the case. f. Liability for manufacturers will be limited based on "state of the art" when product was manufactured. 482 Minnesota ' s version of the Davis Bacon Act should be repealed. 376 Licensing procedures and administration should be simplified, centralized and coordinated by mandating that by 1984 the state of Minnesota establish a Bureau of Business Licenses. This new bureau will have authority over the approximate 250 existing licenses. The policy philosophy of the department will be that: a. All state licenses must be necessary. b. They must not be duplicative or overlapping. c. They must be issued for the longest possible period. d. They should have common and convenient renewal dates whenever possible. e. The fees should reflect only the administrative costs associated with the issuance and monitoring, and not to be used as revenue-gathering tools. f. Require the Bureau to provide a mechnaism for inclusion of small business owners in bureau hearings on licensing policies and procedures. g. Localize licenses not required at state level , especially those without eligibility requirements. The Governor should be granted one-time emergency authority to make any personnel changes necessary to implement the Bureau of Business Licenses. The implementation of the Bureau of Business Licensing Act should be expedited. 439 The overly restrictive state "blue sky" security laws should be changed to follow the pattern established in federal security laws related to full disclosure only and simplicity of language of regulations. REGULATIONS RECOMMENDATIONS -4- RECOMMENDATION #t 443 Minnesota should establish equal access to justice by allowing businesses to recover court costs and damages from governmental units which have been ultimately judged in the business' favor as modeled after current Federal law. 468 Issues should not be added to conference committee reports which were not included as part of either the House or Senate bills under consideration. Business Development Final Recommendations RECOMMENDATION # Security laws whould be modified to encourage the development of a new security known as a "Small Business Participating Debenture (SBPD' s) ." An SPBD can provide access to capital for small businesses by allowing terms, rates and payments to vary with the profitability of the company, and can provide that dividends paid to investors are treated as capital gains. 9 670 The set-aside program should be modified to: a. Expand set asides to cover virtually all state government purchases. b. Reconsider the percentages used in computing the set aside allotment. c. Allow flexibility in bids to prevent "specing out" the small or minority businesses. d. Form a citizens' advisory group to screen companies applying as small or minority businesses, and to review the types of contracts let under set-aside programs. 703 A long-range transportation plan for the state of Minnesota should be developed that includes all modes of transportation. Such a plan should include: a. Completion of the interstate highway system. b. Analysis of adequacy of rail system. c. Maintenance and upgrading of non-metropolitan highways. 625 The use of industrial revenue bonds and tax exempt municipal bonds should not be restricted and the State should continue to allow local units of government the discretion in the use of these bonds, recognizing the intent of the enabling legislation. BUSINESS DEVELOPMENT RECOMMENDATIONS -2- RECOMMENDATION # /o 657 -) Tourism funding should be increased and the program should �' be expanded to better advertise all four seasons. 660 Greater benefits to Minnesota firms which export should be provided,much the same as those provided by the federal government through the Domestic International Sales Corporation (DISC) . 634 The effectiveness of the previous Department of Economic Development programs should be strenghtened during the current four-department merger by increasing funding for economic development and making economic development a priority of the state. 633 The legislation creating the Commission on Small Business should be extended. 668 The definition of small business should be changed to be the the same as the U.S. Small Business Administration's (SBA' s) definition. 636 An information clearinghouse should be established, or an existing program should be strengthened, to inform small businesses of technical assistance programs, funding sources, and set-aside programs. This program should include an ombudsperson with direct access to the governor and legislature to represent small business concerns, and who should make periodic visits to small businesses throughout the state. 619 The availability of mini-bonds should be expanded to: a. Include those wholesale distributors, manufacturing concerns, processors and service providers which are defined as small businesses; b. Allow proceeds from the sale of such bonds to be used for the acquisition of capital assets in addition to the presently approved uses; c. Increase the limit on the amount of such loans to single businesses to $300,000 or 80% of the total amount of the improvement or capital asset, whichever is less.