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HomeMy WebLinkAbout01/19/1982 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-agenda Informational Items DATE: January 15, 1982 1. Good News - The recently passed State Budget Bill should insure that the City receives its Local Government Aid payments withheld in November and December. Equally important is the size of the 1982 Local Government Aid cut. It is 11%, or 3% over the 8% we already cut. This 3% amounts to roughly $12,000 which we can manage without difficulty when we review the 1982 Budget in late February. All the tough budgeting should be done for 1982 unless the State develops more problems. 2. The Prairie View 3rd Addition law suit I listed on the January 12th agenda is not for the concrete pan we negotiated, that was paid. The suit is to recover engineering inspection costs that were billed to the developer pursuant to the developers agreement. 3. All the parties in the Holmes Street assessment appeal have signed the agree- ment. 4. Citizens Bank has made arrangements to remove the mobile banking unit they had on County Road 17 and the crews have been working on it. Their condi- tional use permit has expired. 5. The Polk Street Feasibility Study costs have been charged to Engineering in the General Fund as per Council instructions. The cost required to wrap-up the report will be charged to the General Fund too. 6. M. A. Mortenson Company, the Hospital's contractor, was caught illegally dumping demolition debris on James Hauer's property (with Mr. Hauer's per- mission) along County Road 16. This violates the building code and Mortenson has been directed to remove the debris. The Hospital had been told that the material was going to the Louisville Landfill. 7. Attached is a letter from Senator Boschwitz confirming the tax exempt IRS ruling on police and fire relief associations. 8. Attached is the Building Activity Report for the period ending December 31, 1982. 9. Attached is the Ad Hoc Cable Communications Committee agenda for January 20, 1982 and their tour of cable facilities of the two bidders. You are invited to go on the tour so please contact Jeanne if you can go. If you know how Jeanne could line up a van she would appreciate it. 10. Attached are the minutes of the December 9, 1981 and January 13, 1982 meetings of the ICC. Please read the January 13th minutes regarding the Committee's goals and suggestions for Committee membership. 11. Attached are the minutes of the January 6, 1982 meeting of the Ad Hoc Cable Communications Committee. Non-agenda Information Items Page Two January 15, 1982 12.. Attached are the minutes of the Dcember 7, 1981 meeting of SPUC. 13. Enclosed is your copy of the adopted Policies & Legislative Proposals of the Association of Metropolitan Municipalities. 7 ` 1Cnifeb Zfatess ,,enafe WASHINGTON, D.C. 20510 2"4 rtA r TOS January 11 , 1982 ` a^� � , = ' : � 8._Vaik :� ►/;, ng^.2 Mr . John Anderson 129 E. 1st Avenue CITY r- i, Shakopee , Minnesota 55379 KOPEE Dear John : We have some good news regarding Revenue Ruling 81-58 which wcv.ld have affected the tax exempt status of police and fire relief associations . On January 4 , I received a final report from E. D. Coleman , Chief , Exempt Organizations Technical Branch of the Internal Revenue Service . Mr . Coleman ' s letter reads : "This is in reference to your letter concerning the application of Rev . Rul . 81-58 to Minnesota police and fire relief associations . "Upon request of one of the Minnesota associations , we have issued a ruling comfirming that Rev. Rul . 81-58 does not affect its qualification for continued exemp- tion from Federal income tax under section 501 (c ) (4 ) of the Code . All similar Minnesota associations are like- wise not adversely affected by Rev. Rul . 81-58 . "We appreciate your interest . If we can be of further assistance , please let us know ." I always enjoy communicating with Minnesotans -- especially when there ' s good news to tell ! I look forward to continuing to sere y ,u. Sincere,y , ttati Judy Boschwitz United States Senator RB/ci CITY OF SHAKOPEE BUILDING ACTIVITY REPORT T' December, 1981 PERMITS ISSUED Yr. to Date Total Previous Year Number Number VrtIuation Number Valuation 5523-5536 ' MO . YTD. Single Fam.-Sewered - 27 1 , 587 , 200 3 29 1 , 734 , 240 Single Fam. -Septic - 8 642 ,000 Multiple Dwellings 1 15 1 , 538 ,400 2 18 3 , 510 ,438 (Mo.Units) (YTD Units) ( 2 ) (40 ) ( 8 ) ( 113 ) Dwelling Additions - 26 175 , 113 1 19 104 , 900 Other 1 1 1 ,600 2 4 54 ,000 Business District - 3* 240 ,000 2 11 3 ,423 ,400 Agricultural - 1 132 ,000 - 3 36 ,000 Industrial -Sewered 2 7 4,008 ,000 3 28 23 ,656 , 390 Industrial -Septic - 3 792 ,000 Accessory/Garages 2 . 46 333 ,084 - 30 143 ,418 Signs & Fences 1 15 27 ,453 2 25 51 , 133 Fireplaces/Wood Stove 1 22 111 ,625 - _ _ Grading/Foundation - 3 • 209 ,000 2 7 113 , 100 Remodeling (Res. ) 2 36 133 , 770 2 55 95 , 252 Remodeling ( Inst . ) 1 3 4,005 , 300 - 5 506 ,000 Remodeling (Other) 2 41 1 ,640 , 147 4 48 712 , 754 TOTAL TAXABLE 12 254 10 ,642 , 335 23 277 33 ,635 ,025 TOTAL INSTITUTIC'NAL 1 3 4,005 , 300 - 5 506 ,000 GRAND TOTAL 13 257 14, 647 ,635 23 282 34 , 141 ,025 MO . YTD. MO . YTD . Variances - 6 - 9 Conditional Use - 16 - 15 Re-Zoning - 1 - 8 Moving - 3 - 2 Electric Permits 14 203 16 215 Plmbg. & Htg. Permits 10 200 15 187 Razing Permits Residential - - - 1 Commercial - - - - Total dwelling units in City after completion of all construction permitted to date 3 ,508 Cora Underwood Bldg. Dept. Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN DECEMBER, 1981 5523 Ted Rietveld 8535 Eagle Creek Blvd. Stg. Bldg. $ 11 , 210 5524 St. Francis Hosp. Temp. Pkg. Lot 8,000 5525 Wiggin, Inc . L986 W. 112tthh Twnhse-1 unit 30,000 -5L J 5-4;? 5526 Wiggin, Inc . 988 W. 12th Twnhse-1 unit 30,000 5527 Carol Moore 2.21 E . 2nd Ave . Alteration 8 , 500 5528 Void 5529 Steel Structures 1788 Marschall Rd. Ofc-Research 315 , 000 Facility 5530 Laurent Bldrs. 229 W. 1st Ave. Garage 8,000 5531 Dean Townsend 2056 Eagle Creek Blvd. Fireplace 2 , 100 5532 Ronald Martens RR 1 , Box 1000H Pool 1 , 600 5533 Case Power & Equip . 6340 Hwy. 101 Tanks 12, 847 5534 Scott Lucius 528 E. 1st Ave . Alteration 200 5535 Trucker-Sheehy 6268 Hwy. 101 Whse . 500,000 5536 M.A. Mortenson 325 W. 5th Ave. Addition 4,000,000 TOTAL: $4, 927,457 q TENTATIVE AGENDA Shakopee Ad Hoc Cable Communications Committee Shakopee , Minnesota Adjourned Special Session January 20 , 1982 Chairman Foudray presiding 1 . Call to order at 7 : 00 p.m. 2 . Approval of Minutes of January 6 , 1982 ( see memo) 3 . Review of Schedule for Cable Franchise Award 4 . Review of February 5 , 1982 Tour Schedule 5 . Discussion of establishment of non-profit community access corporation and citizens cable advisory committee 6 . Review of Proposals as to: a . Rates b. System Design c . Construction Schedule d . Service Area 7 . Other Business 8 . Adjourn Jeanne Andre Administrative Assistant Ad Hoc Cable Communications Committee Worthington - Tour of Facilities Zylstra Communications 6 : 00 a .m. -. Leave Shakopee City Hall (rear municipal parking lot ) 9 : 00 a .m. - Arrive in Worthington 9 : 00-9 : 30 a.m. - Coffee at ? 9 : 30-11 : 00 a .m. - Meet with officials of Zylstra Communications General : Roger Zylstra or Nancy Meyers or Dick Reddy Fredi Lowry, Local System Manager 9 : 30-10 : 15 View Head-End Tony Gauer, Engineering Construction Mgr. 10 : 15-11 : 00 Studio (at High School ) Dale Peterson, Studio Operator Al Johnson, H. S. Principal 11 : 00-12 : 30 p.m. - Meet with City officials at lunch Holiday Inn. North Highway 59 Gary Brown, City Administrator Carol Dyke , Chairwoman, Cable Board (access ) Councilmember Dick Frisch, Member Cable TV Committee ( franchise) and Cable Board Ad Hoc Cable Communications Committee St. Peter - Tour of Facilities Progress Valley Totalvision (Communications System, Inc. ) 12 : 30 p.m. - Leave Worthington 2 : 30-3 : 30 p.m. - Meet with City official at City Hall 227 South Front Street Ken Huber, City Administrator 3 : 30-5 : 00 p.m. - Meet with officials of Progress Valley Totalvision General : Roy Foslid, Secretary, PVT Arlin Muenzhuber, V.P. North American Communications Corporation Local Manager - Ron Hanson Studio (downtown) Head-End 5 : 00 p.m. - Leave St . Peter or Dinner at Holiday House 6 : 00 p.m. - Arrive Shakopee / PROCEEDINGS OF THE INDUSTRIAL COMMERCIAL COMMISSION Shakopee , Minnesota January 13, 1982 Vice Chairman Al Furrie called the meeting to order at 5 : 15 P.M. in the Council Chambers of the City of Shakopee, Minnesota. Present : Commissioners Al Furrie, Don Woodward, Paul Wermerskirchen, Jake Manahan, Jim ONeil; Advisor, Gary Eastlund and Chamber of Commerce Liaison, Bill Wermerskirchen, Sr. Absent : Philip Bifulk Guest : John Anderson, City Administrator Direction of Industrial Commercial Commission: City Administrator explained that the City Council is also reviewing the City ' s goals and objectives , including those for the ICC. He distributed copies of the previous years ' goals . Discussion followed on the past activities of the ICC and whether the ICC has fulfilled its original goals , or completed its work originally expected of the ICC . General discussion involved the topics of orderly development of industrial areas , provision of support services, housing, etc . , storm sewer in the Industrial Park and VIP, expansion of tax base , provision of jobs , possible problems to developers and the impact of current economic climate on development in Shakopee . During the course of this discussion, the following goals , sub-goals and objectives were identified. ICC Preliminary Goals : Goal - To create jobs and increase the City' s tax base to create a truly freestanding, "full service" community, Sub-Goal - To attract industry to VIP and elsewhere within the City . Objective - Storm Sewer issue in the Industrial Park (T. I.F. Kmart ) drainage west of Co . Rd. 83/VIP Basin, Objective - Who pays up front study costs? Sub-Goal - Transportation - bridge & Bypass Sub-Goal - Community promotion Sub-Goal - Attract Housing Development " w Proceedings of the Industrial January 13, 1982 Commercial Commission Page Two Objective - VIP Storm Sewer Objective - Alternative Financing Sub-Goal - River Development/Recreational Industry Development Sub-Goal ,- Downtown Redevelopment Manahan/Wermerskirchen moved to provide to the City Council a copy of the ICC goals , designated as Preliminary Goals to be more detailed in the future; further, that the ICC feels a priority in terms of attention by the City bedirected to the Storm Sewer issue as it relates to the Industrial Park and drainage problems west of County Road 83 (Millpond Basin) . Motion carried. Industrial Day Ideas : Al Furrie reported that the concensus at present was to rely on a literature promotion this year. Discussion followed on the pros and cons of repeating the grand effort of 1981 or waiting until next year when the business climate may be more favorable than currently is the case. Gary Eastlund stated that Scottland will be hosting 30 - 35 company presidents and Chairman of the Boardsin May 1982, who will represent major national and possibly international companies . Al Furrie suggested one possibility may be to expand on what Scottland has planned, plus including the downtown. Don Woodward pointed out that if we wait with a tour until 1983, we may miss the land purchases needed for 1983 constructions . Paul Wermerskirchen asked if this year was to include an emphasis on commercial or the downtown. General comments followed on the activity of the Downtown Committee and whether the ICC was to be involved with retail concerns . Consensus was that the original ICC purpose was to advance the Industrial Park and deal with commercial- meaning office, not retail. ICC Membership : Jim O 'Neill announced the resignation of Don Woodward at the end of his term which is this month. Wermerskirchen/Furrie moved to request the City Council to offer a Resolution of Appreciation to Don Woodward for his service of three years . Motion carried. Manahan/Furrie moved to recommend to the City Council that Paul Wermerskirchen be reappointed to the ICC because of his dutiful and short service making him deserving of another appointment. Motion carried . Proceedings of the Industrial January 13, 1982 Commercial Commission Page Three Furrie/Manahan moved to recommend to the City Council that Gary Eastlund be appointed to the ICC to replace Don Woodward , because os .his participation in every meeting in the past four years , and the fact that he has done more work for the ICC than many ICC members . Motion carried. Manahan/Furrie moved to call the seat of Philip Bifulk vacant due to his consecutive absences , as per staff review of the ICC Bylaws regarding meeting absences . Motion carried. Manahan/Wermerskirchen moved to recommend to the City Council to appoint Gary Laurent to the ICC; further that this recommendation be based on the fact that the ICC will be looking into the residential issue in the next year or so and will need an appointment 1 to represent this area on the ICC. Motion carried. Furrie/Manahan moved to adjourn the meeting. Motion carried. Meeting adjourned. Respectfully submitted, Glenda D. Spiotta Recording Secretary /D Industrial-Commercial Commission Shakopee, MN December 9, 1981 • MINUTES Chairman O'Neill called the meeting to order at 5: 10 p.m. in the City Council Chambers of the City of Shakopee, MN. Present: Commissioners Jim O'Neill , All Furrie, Don Woodward, Jake Manahan, Paul Wermerskirchen, Advisor Gary Eastlund Chamber Liason Bill Wermerskirchen Absent: Conunissioner Philip Bifulk Guests : Virgil Steinhoff, Representative, Chicago-Northwestern Railroad Jeanne Andre, Administrative Assistant, City of Shakopee John K. Anderson, City Administrator, City of Shakopee Dan Steils , Downtown Committee Chairman Fred Corrigan, Shakopee Chamber of Commerce Approval of Minutes of November 18, 1981 M/S/P Manahan/Furrie to approve the minutes of the November 9, 1981 meeting. Chicago Northwestern Railroad presentation Jim O'Neill reviewed a letter received from Jeanne Andre several months ago requesting the ICC to consider rail routes through Shakopee in view of a letter the City received from MnDOT which identified a North-South Rail Corridor which would not include Shakopee, In order to assess the impact of this and other rail related concerns of the ICC, Gary Eastlund arranged to invite the Industrial Representative from Chicago Northwestern Railroad to attend the December ICC meeting and exchange thoughts and ideas regarding rail issues in Shakopee. The ICC is most interested in plans which the Chicago Northwestern Railroad has for the Minnesota River Valley area, including the route through the City. Mr. Steinhoff explained that the Chicago Northwestern Railroad is interested in the North-South Rail Corridor to the effect that they are attempting to purchase the Rock Island Line which currently operates the North-South Corridor. At the present the Rock Island Line leases the track to Chicago-Northwestern for the right to operate on the line, which is the best north-south line from here to Kansas City. When asked of what impact the designated North-South Corridor will have on Shakopee, Mr. Steinhoff suggested that fewer trains may eventually run through the City. Most Chicago-Northwestern traffic used to travel through Marion, New Prague, Montgomery and on to Albert Lea , but now most of this traffic goe-; along the Rock Island Line. He stated that it shouldn't really affect the service through Shakopee, though, and emphasized that there are currently no plans to abandon the line from Shakopee and through to Albert Lea or Sioux City. page 2 ICC Minutes December 9, 1981 Discussion turned to the topic of coal trains. The railroad representative stated that coal train.traffic is a big part of the growth potentian at Chicago-Northwestern. • At present building is occurring for use in 1983 to bring in coal from Wyoming, another line may bring Union Pacific up from Omaha on the Mankato line. But their are no contracts at this time either way. Impact on the downtown of Shakopee was discussed. Mr Steinhoff commented that at a 20 mph speed limit a 100 car unit train will travel through town rather quickly. Dan Steil inquired about the burying of the overhead communication lines and stated that his inquiries to the railroad company indicated that the railroad would not share any of the cost to bury these lines. Mr Steinhoff concurred and suggested contacting Richard Nolting in St. Paul to get the latest information on the micorwave expansion plans at Chicago-Northwestern. Jake Manahan asked what specifically can the City do with its downtown improvements that would be consistent with the railroad's plans or proposed use of its lines. Dan Steil added the thought that we are interested in minimizing the effect of the railroad on our downtown area. Discussion included the problem of switching trains from Rahr and the resulting delays at crossings to which Mr Steinhoff suggested going to the local depot to consider improvement in switching times . Sunken crosswalks or smoothen tracks between Lewis and Holmes along 2nd Steet was suggested but the railroad representative stated that the railroad was not interested in creating more pedestrian traffic along the tracks; and would have to consider putting up fences to not create additional liability for the company. Al Furrie asked Mr. Steinhoff if the railroad would join with a community to clean up and beautify the areas around the tracks , specifically the several blocks in downtown Shakopee. Mr. Steinhoff replied that Beautification Leases have been available in the past through the Real Estate Department but that the 25 feet on center of the track must remain clear right of way. Beautification would be limited to rock , grass, flowers , etc. Jim O'Neill asked if any prototype communities could be named as examples where we may look for ideas . Mr. Steinhoff suggested the removal of street crossings , encouraging one-way traffic and signalization are items that the railroad would be interested in in any community but that there is no railroad funds that could be involved in any of these changes . He suggested that bringing a plan with such positive changes to the railroad may lead to a Beautification Lease. Fred Corrigan asked about the safety of the tracks through the downtown area of Shakopee, indicating the two derailments in the last three years has shown the need for safety improvements along the track in downtown Shakopee. Mr. Steinhoss indicated that he did not know the priority status of the track through town but suggested that the City contact Herb Clark in the Engineering Department. Other discussion included the possible reduction of the number of trains through town depending on the results of current negotiations among metro area train companies, the acknowledgement of the amount of cooperation historically between the railroad and industrial development in Shakopee, that the yard east of the Stagecoach is scheduled for expansion and the conclusion that there will continue to be rail service industrially to the City of Shakopee. page 3 ICC Minutes December 9, 1981 Jim O'Neill thanked.Mr: Steinhoff for his remarks and concluded by stating that the railroad is mutua7I benefiting to both the railroad company and the City, and we look forward to a mutual future of service together. Other Business : There will be discussed at the next meeting a memo from the City Engineer regarding drainage problems in the area , prompted by the Metro Council' s attempt to add Surface Water Resources Management to the Metro Development Guide. Old Business : M/S/P Manahan/Woodward to look at the City Engineer's Plan for establishment of design criteria as per the conclusions from the November meeting and to discuss same at the March ICC meeting. Items to be considered next month are 1 ) direction of the ICC committee, 2) Industrial Day ideas . M/S/P Wermerskirchen/Manahan to adjourn the meeting. Meeting adjourned. Next ICC meeting is January 13, 1982. Respectfully submitted, Glenda D. Spiotta /i AD HOC CABLE COMMUNICATIONS COMMITTEE Shakopee, Minnesota Special Session January 6 , 1982 Vice-Chairman Christensen called the meeting to order at 7 : 12 p.m. in the Council Chambers of City Hall , with Committee members present : Abeln, Davis , Gorman and Kirchmeier. Chairman Foudray arrived at the end of the meeting. Also present were John Anderson, City Adminis- trator and Jeanne Andre , Administrative Assistant . Gorman/Davis moved to approve the minutes of July 22 , August 11 , and December 9 , 1981 as presented. Motion carried. Jeanne Andre presented information by the two cable operators pro- posing cable services for Shakopee on the advantages and disadvan- tages of visiting various existing sites operated by these companies . Gorman/Abeln moved to direct staff to arrange a tour of cable opera- tions in the cities of Worthington and St . Peter, Minnesota on February 5 , 1982 , to include tour of the head-end, studio (and public access ) and discussion with city officials and members of citizens ' advisory groups on the cable operations in their respective cities . Motion carried. The members discussed the remaining schedule related to the award of the cable franchise and asked staff to present to the City Council the following suggested schedule : March 8 , 1982 - Consultant Report received March 9 , 1982 - Report forwarded to City Council Council set public hearing for March 30 , 1982 March 30 , 1982 - Council hold public hearing with presentation by consultant , cable operators and public March 31 , 1982 - Cable Committee meet to consider recommenda- tion of operator to City Council April 6 , 13 or 20th - Council receive Committee recommendation and and award franchise Abeln/Gorman moved to purchase list of audio cassettes recommended by Committee member Abeln related to the formation of non-profit community access corporation at a cost of not more than $100. Ayes : Abeln, Christensen Noes : Gorman Abstain: Davis , Kirchmeier Committee member Abeln circulated information she had received from the State Cable Board on the formation of a non-profit community access corporation. It was determined to place this topic on the agenda of the next committee meeting. Members decided that when they adjourn they should adjourn to Wednes- day, January .20 , 1982 at 7 : 00 p.m. At that meeting the Committee will review the proposals received for cable systems and compare particularly the following: 1 ) rates , 2 ) system design, 3 ) construc- tion schedule , 4) service area. Ad Hoc Cable Communications Committee Page Two January 6 , 1982 Discussion was held on the letter received from the Shakopee Minis- terium Association requesting the City Council to take action to ban the showing of R- and X-rated material on the cable system in Shakopee. Administrative Assistant Andre reported on information provided by Ann Davis of the Minnesota Cable Communications Board (MCCB) on this matter. Ms . Davis suggested that if the cable company has a policy it can be incorporated into the franchise . In lieu of a company policy , the City can adopt a policy in its ordinance , although it would probably not be enforcable if challenged. Waite Park and 'a few other Minnesota cities have adopted such a policy, and none have been challenged as of this time . The MCCB Administrative rules (4. 230B) follow the U. S. Supreme Court ruling on obsenity which establishes the community standards as the norm against which materials will be judged. Recent federal legislation has also established that in the role of leasing channel space the cable operator serves as a common carrier, which places materials dis- played by the leasee outside the rules established by and for the company. Gorman/Kirchmeier moved to forward the following concensus of the Committee to the City Council for consideration in the City Council response to this letter: 1 . One company proposing to serve Shakopee has a policy of showing no X-rated material . The Committee is supportive of this type of policy. 2 . R-rated movies are generally shown at later hours and lock-out devices will be provided by the cable companies to interested subscribers . 3 . Any Shakopee citizen has the right to chose not to subscribe to any or all cable programming. 4. Parents are a more appropriate control of children' s activities than ordinances . Motion carried. Abeln/Christensen moved to request Zylstra-United to provide the Access Center handbook to all Committee members . Motion carried. Chairman Foudray arrived at 8 : 35 p.m. Davis moved to adjourn at 8 :40 p.m. Motion carried. MEMO TO: Members of Ad Hoc Cable Communications Committee FROM: Jeanne Andre , Administrative Assistant RE: January 6 , 1982 Minutes DATE: January 11 , 1982 Please note the third motion on page 1 of the minutes . At the meeting the Vice-Chairman announced that this motion failed. However a review of Robert ' s Rules shows that this motion passes , but that members should not abstain from any vote without an approved rationale. Possible approaches to this problem are as follows : 1 . Note before the minutes are approved they should be amended to show the motion carried. 2 . Abeln and Christensen can move to reconsider the motion at this time so that Davis and Kirchmeier can state their reasons for abstaining and the Chair can determine the validity of the abstensions . JA/jms / e;:Z MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on December 7, 1981 at 4:30 PM in the Utilities meeting room. Commissioner Bishop offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Bishop, Reinke and Nolting. Also Manager Van Hout, Superintendent Leaveck and Secretary Barbara Menden. Motion by Reinke, seconded by Notting that the minutes of. the November 9, 1981 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee, $ 20,032.00 Auto Central Supply 31,35 Border States Electric Supply Co. 847.50 Burmeister Electric Co. 120.66 Burroughs Corporation 44.25 Burroughs Corporation 3,354. 12 City of Shakopee 814.93 Dunnings Hardware 19.36 Graybar 2,067.33 H & C Electric Supply 8,171.60 Hennen's ICO 8.50 Kaplan Bros. 95.98 Leef Bros. , Inc. 15.00 Motor Parts Service 36.94 NSP 911.94 NSP 196,267.52 NSP 264. 10 Northwestern Bell 225.56 Scott County Sheriff Office 278.07 Serco 52.00 Shakopee Community Services 33.93 Shakopee Lumber Co. 16.50 SPUC 236.42 Shakopee Services 18.00 Dean Smith Trenching, Inc. 494.50 Starks Cleaning Services 8.65 Suel Business Equipment 255.97 Valley Industrial Propane, Inc. 9.73 Water Products Company 5,410.30 Wesco 2,193.00 Ziegler Tire Service 99.59 Motion by Reinke, seconded by Nolting that the bills be allowed and ordered paid. Motion carried. l The employees of the Shakopee Public Utilities Commission were present to make their 1982 wage and benefit requests. Manager Van Hout gave the Commission an update as to the Minnesota Valley Electric Coop acquisition. The progress of the Northern States Power Co. acquisition was discussed by the Shakopee Public Utility Commission. The progress on the permit for lock and dam #2 was discussed. A legal opinion of our options is needed before deciding the next step. No progress on the office remodeling has been made. Manager Van Hout will present plans at the next meeting. Commissioner Reinke asked the Commissions feeling about the City applying for a grant through the HRA for the watermain on Second Avenue East of Market Street. The Commission felt this was a good approach. Superintendent Leaveck reported on the fire calls for the month of November. A total`of`7 hours spent on fire calls by 3 employees during November. Superintendent Leaveck reported no loss time accidents for the month of November, 1981. There will be a. special meeting of the Shakopee Public Utilities Commission on December 17, 1981 at 7:00 P.M. in the Utilities meeting room. The next regular meeting of. the Shakopee Public Utilities Commission will be January 4, 1982 at 4:30 P.M. Motion by Reinke, seconded by Nolting that the meeting be adjourned. Motion carried. Lou Van Hout, Manager TENTATIVE AGENDA ADJ .REG .SESSION SHAKOPEE, MINNESOTA JANUARY 19 , 1982 Mayor Reinke presiding 1 ] Roll Call at 7 : 30 P.M. 2 ] Approval of Minutes of January 5, 1982 3 ] Communications : a ] James Sulerud, Ass ' t Scott County Admr. re : public hearing on considering creation of Mn. Metropolitan Regional Rail Authority b] Richard Hullander re : resignation from Downtown Ad Hoc Committee c ] Mark Nagl , Executive Director of Scott County Housing & Redevelopment Authority re : upcoming annual meeting d] Save O'Dowd Lakes Chain, Inc . re : installation of three aerators in Lake O' Dowd e] Thomas Gamec , Mayor, City of Ramsey re : State law distributing State Local Government Aid to Cities f ] E. J. Deering re : sewer charges 4] Liaison Reports from Councilmembers 5 ] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS : 6 ] Old Business : a] Sewer Billing (W.C. Harbeck) b] LawiiWatering/Sewage Charges (J . O'Neill ) c ] Request from Shakopee MinisteriuL. Association re : Cable TV d] Murphy ' s Landing - John Lynch will be present to discuss this matter (bring item 6a from 1/5/82 agenda) 7 ] Planning Commission Recommendations : a ] Policies on Lot Splits - Ord. No. 81 b] Conditional Use Permits fo._ Bulk Liquid Storage Tanks c ] 1981 Shakopee Planning Commission Annual Report - Accept 8 ] Resolutions and Ordinances : a] Res . No . 1970 - Ordering Improvement and Preparation of Plans and Specifications - 82-1 Trunk Hwy 101 Frontage Road b] Res . No. 1969 , Amending Policy on Appointments to Boards and Commission c ] Res . No . 1966 , Appro .ing The Permit for Connection to Metropolitan • Waste Control Commission Facilities by Conklin Company d] Res . No . 1965 , Approving the Appointment of Commissioners for the Housing and Redevelopfflent Authority in and for the City of Shakopee e ] Res . No . 1967 , Amending the City of Shakopee Personnel Policy on Holidays and Overtime f ] Res . No . 1971 , Authorizing the City Clerk to Release Developers Agreements and Park Dedication Agreements g] Res . No . 1972 , Final Approval of $650 ,000 I .R. Bonds for Equities Unlimited 9 ] New Business : a] 8 : 30 P.M. PUBLIC HEARING Vacation of Easement in Macey 2nd Addition - Res . No . 1968 b] Ad Hoc Energy and Transportation Committee c ] Senior Center d] Well No. 6 , Inspection & Staking Costs e ] Prior Lake/Spring Lake Watershed District - Amendment to Agreement f ] Appointing a Director and Alternate Director to Suburban Rate Authority - Res . No . 1973 g] Establishing a New Time for Council Meetings h] Erosion Control in Horizon Heights Park Areas TENTATIVE AGENDA January 19, 1982 Page -2- i ] Appointments to Boards and Commissions j ] Lease for City Hall Copier k] Public Works Director' s Vacation Benefit 1 ] Move that the bills in the total amount of $909 , 582 . 26 be allowed and ordered paid 10] Consent Business : a ] Car allowance for Admr. and Chief of Police b] Interfund Transters - Capital Purchases c ] 1982 Cigarette Licenses d] 1982 Salary/Richard Cheever 11 ] Other Business : a] Eldon would like to discuss possibility of accepting proposals from various consultants b] Mss . Lebens would like to discus, the recent rate increase of Minnegasco c ] d] e ] f] 12 ] Adjourn. John K. Anderson City Administrator NOTICE OF PUBLIC HEARING CONSIDERING CREATION OF MINNESOTA METROPOLITAN REGIONAL RAIL AUTHORITY TO WHOM IT MAY CONCERN: Pursuant to Minnesota Statutes 398A.03, Subdivision 2, the Board of Commissioners of Scott County will hold a Public Hearing to accept public comments on the adoption of a resolution which would support the creation of a Minnesota Metropolitan Regional Rail Authority for the seven county metropolitan area and approving of the Joint Resolution and By-laws of the aforementioned Authority. The proposed Joint Resolution and By-Laws are available for public inspection during normal business hours in the Office of the Administrator, Room 110 of the Shakopee Court House, Shakopee, MN. This public hearing will be held on Tuesday, February 9, 1982 , at 11:00 a.m. in the Commissioner's Room of the Court House, Shakopee, Minnesota. Dated January 6, 1982. JAMES SULERUD Assistant County Administrator 313 1071P. CITY OF SHAKOPEE4111„ ' n INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 ,� #1 : January 6, 1982 Mr. Don Steger City Planner City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Steger: it is with the deepest regrets that I herewith submit my resignation as a member of the Downtown Ad Hoc Committee, effective immediately. I am presently in the process of moving out of the community and closer to the area of my employment, therefore, I find this resignation necessary. I have enjoyed being a part of the Downtown Ad Hoc Committee and working for the betterment of the downtown area. This Committee is one which can initiate new ideas for the Shakopee downtown area and is, there- fore, a vital entity for the community. My good wishes go to the Downtown Ad Hoc Committee. Sincerely, q1,2/,-/j)(- 1eild4K(1:-;-) Ric and S. Hollander jiw cc:Lion A. Reinke, Mayor John A. Anderson, City Administrator Chamber of Commerce l' Iill (7rl aI Pra r , An Equal Opportunity Employer SCOTT COUNTY HOUSING & REDEVELOPMENT AUTHORITY 707 COUNTY ROAD 83 • SHAKOPEE, MINNESOTA 55379 • (612)445-8700 January 5, 1982 The Honorable Eldon Reinke Shakopee City Hall 129 East 1st. Avenue Shakopee, Minnesota 55379 To Whom It May Concern: To Comply with our bylaws, please be advised that the Annual Meeting of the Scott County Housing and Redevelopment Authority will take place in our offices at 8:00 P.M. on January 26, 1982. The attached notice should provide you with additional information on this meeting should you want to attend. If you have any other questions, please do not hesitate to contact me. Sincerely, // 7 Mark E. Nagel, Executive Director MEN;jmb Enclosure cc: City Administrator RECE1VED JAN 71982 CRY OF SHAKOPEE MARJORIE HENDERSON, SHAKOPEE, CHAIRMAN WILLIAM CHARD, BELLE PLAINE, VICE-CHAIRMAN �. KEITH THORKELSON, PRIOR LAKE, SECRETARY SYLVESTER WACKER, SAVAGE, TREASURER MARIETTA SHARKEY, JORDAN EQUAL HOUSING OPPORTUNITY Equal Opportunity Employer NOTICE OF ANNUAL MEETING In compliance with the bylaws of the Scott County Housing and Redevelopment Authority, notice is hereby given that the Annual Meeting of the Scott County Housing and Redevelopment Authority will be held on Tuesday, January 26, 1982 at 8:00 P.M. at the Authority office located at 707 County Road #83 in the City of Shakopee, Minnesota. Among other appropriate matters, the Agenda of the Annual Meeting will include election of officers, designation of an official depository, designation of an official newspaper, and the reading of the financial statement and annual report. CJ Save O'Dowd Lakes Chain, Incorporated Post Office Box 337 Shakopee, Minnesota, 55379 January 14, 1982 City Council City of Shakopee Shakopee, Minnesota, 55379 The Save O'Dowd Lakes Chain non-profit corporation is attempting to install three aerators in Lake O'Dowd off the south shore of the city parkland on Lake O'Dowd. After discussion with John Anderson, George Muenchow, and Louis Van Hout, we request the following of the city : 1) the City Attorney draft a lease for our corporate use of the land to run electrical power from county road 79 to a point on the shore approximately 200 feet east of county road 79 ; 2) whatever assistance may be made available from the city for installation of that power run ; 3) off-season storage for these units. The corporation will provide : 1) public notice, cautionary signs, and authorization from the Minnesota Department of Natural Resources as pre- scribed by DNR Commissioner' s Order Number 2114 dated December 21, 1981 ; 2) payment of all operating expenses involved in the aeration operation ; 3) insurance for the corporation at a minimum of $300, 000.00 for claims against its operations . This insurance will include protection for the city for the defense of its lease and assistance. The nature of the problem we are trying to solve demands that we begin operation immediately. We therefore ask temporary approval for such operation to last until a final decision may be made. Sincerely, Michael J. Sulik, Chairperson AofRqy110` � • Cityof Ramsey 15153 NOWTHEN BOULEVARD N.W., RAMSEY,MINNESOTA 55303 • (612) 427-1410 • • n 1.7"7, ,fi ra a ?..P'y.37,7) qtr January 13, 1982 .r ., , aIi,"r' CITY er , , Y Mayor and Councilmembers City of Shakopee Shakopee, Minnesota 55379 Dear Mayor and Councilmembers: The City of Ramsey is in the process of bringing suit against the State of Minnesota in regards to the inequities in the State law that distri— butes State Local Government Aid to Cities. Accordingly, we would like to have your support in this case. We are not asking for your financial support as we recognize that you are engaged in a court case in regards to the Fiscal Disparity Act which we also support you on and have sub— mitted a resolution requesting the repealing of the Fiscal Disparities Act. We would appreciate your Council sending us a letter or resolution stating your support in the unfairness of the present local government Aid law. Sincerely, CITY OF RAMSEY Thomas G. Gamec Mayor TGG:sb Int trs.�,�re•m. !moi JAN 1 51982 904 South Fuller CITY OF SHAKOPEE Shakopee, MN 55379 January 13, 1982 Mr. John Anderson City Administrator City of Shakopee 129 East 1st Shakopee, MN 55379 Dear John: Pursuant to our telephone conversation of January 11, I would again state my rationale for having the Council reconsider the abominable sewer charge they have inflicted on the citizens of Shakopee. My last bill for utilities, which I just paid, included a water bill of $16.20 for the quarter, which divided by three gives me a water usage bill of $5.40 per month. Yet, I am charged $23.40 per month to dump the water. This really indicates that it costs me approxi- mately 343% more to dump my water than to buy the water in the first place. I realize that I am paying sewer charges on the basis of last winter's con- sumption, but the sewer charge to the city by Metro must be current, yet I am being penalized for a leaky toilet we had a year ago. It does not seem equitable that a man's real estate tax should be approximately $60.00 per month and his use of the sewer system should be almost 50% of that figure. When a citizen of Shakopee compares his sewer charges to the other metro areas mentioned in this week's Tribune, he does not look very well in comparison, and that does not include the fact that the contact at City Hall did not even tell the entire story. The sewer rate was increased from 76 per 1,000 gallons to $1.14 per 1,000 gallons plus a service charge (whatever that means) increase from $2.00 to $9.00 per quarter. This fact was omitted in the article and, yet, this meant an increase of 350% in this area also. The cost of living is high enough the way it is without the added burden of an unfair charge for service that happened a year ago. John, many thanks for the time spent reading this epistle. Sincerely, i41111• • E. J. Deering �= cc: Delores Lebens MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Sewer Billing DATE: January 13, 1982 Introduction Council passed a sewer service rate increase at the same time the 1982 Budget was adopted. The increase was 50% and appeared on bills customers received on or about 1/1/82. These bills are based on winter quarter (1981) water usage. Background I have been contacted by 23 customers regarding the most recent bills. Most calls involved explaining how the bill was derived. About four callers indicated that they may want to pursue the issue with a letter to the Admini- strator or to Council. All but the very basic informational calls on sewer are referred by SPUC to me. One customer (Kathy Lindgren, 635 W. 4th) had contacted me last June regarding the size of her bill and has again called in. Her bill is currently $45.00 per month. It was related to me that there was a leaky toilet last winter quarter but that the leak was repaired. The leak last winter caused her bill to be what it is. The City's policy is not to adjust bills for leaks that have been repaired. This customer has stated that she refused to pay this and subsequent sewer bills unless adjustments are made. Her water use has been for the following quarters: 9/80= 75,000, 12/80= 89,000, 3/81= 112,000, 6/81= 50,000, 9/81= 22,000, 12/81= 19,000. The current sewer bill is based on the 112,000 gallons used last winter. I told the customer that I would forward this information to Council to see if they would adjust her bill . A review of water use for 1981 winter quarter (residential) showed the following consumption pattern and range of bills. May'81* June '81 Jan. '82 Gallons # of Accounts Flat Rate/mo. Bill Range/mo. Bill Range/mo. 0-5,000 g/qtr 204 $ 6.44 $2.00-$3.27(=49%) $3.00-$4.90(-24%) 5,000-10,000 246 6.44 $3.27-$4.53(-30%) $4.90-$6.80(+6%) 10,000-15,000 533 6.44 $4.53-$5.80(-10%) $6.80-$8.70(+35%) 15,000-20,000 424 6.44 $5.80-$7.06(+10%) $8.70-$10.60(+65%) 20,000-25,000 308 6.44 $7.06-$8.33(+29%) $10.60-$12.50(+94%) 25,000-30,000 193 6.44 $8.33-$9.60(+49%) $12.50-$14.40(+124%: 30,000-35,000 103 6.44 $9.60-$10.87(+70%) $14.40-$16.30(+153%, 35,000-40,000 42 6.44 $10.87-$12.13(+88%) $16.30-$18.20(+183% 40,000 + 56 6.44 $12. 13- $18.20- *Note: Residential Flat Rate(Not Senior Citizen Rate) **Note: Percentages are for top of range versus flat rate John K. Anderson / Page Two January 13, 1982. For Informational Purposes: The budget for 1982 shows on a cash basis, sewer service revenues of $728,000 and MWCC cash payments of $566,000. Total cash disbursements for the Sewer Fund are shown as $705,000. Alternatives For alternatives and recommendations regarding problems like Kathy Lindgren's see City Administrators memo re: James O'Neil sewer billing. For alternatives for the users, such as Walt Harbeck, that have experienced the higher rate increases because of our change from a flat rate billing system there are four alternatives. 1. The homeowner can seek to curb his/her water consumption (conserve) which could include fixing leaks, etc. 2. The City could modify it's 2 quarter winter months to make sure no lawn sprinkling shows up in the winter quarter(s) bill (currently we use the 4th quarter, September 15 to December 15, and the 1st quarter, December 16 to March 15) . We could use one quarter, the Dec. 16 to March 15 period. 3. The City could shift its rate structure to put more emphasis on the flat $3 per month service charge portion of the rate. 4. The City could keep the present structure and make modification when it next adjusts the rates thus giving the new system a longer shake down period. Recommendation The staff recommendation for handling the Kathy Lindgren request is included in the James O'Neill Sewer Bill/Lawn Sprinkling memo. The staff recommends alternative No. 1 and No.4 for the present, that is no change in the rate structure. In addition the staff recommends that alternative No. 2 and No. 3 be seriously considered when the City makes its next rate adjustment. This recommendation is made for the following reasons: First we do need a shake down period during which people can adjust to the change from the flat rate system which carried no incentive to conserve; Second we have had two changes already in 1982 and a third would simply be more confusing to consumers; and Third the change to a consumption based rate inevitably would impact a certain number of high users and we understood that when making the shift. Action Requested Motion to continue to use the present sewer rate structure until another rate increase is needed and then consider shifting more of the cost to people who consume less water. GV/dkw;jms 6ID MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Lawn Watering/Sewage Charges DATE: January 12 , 1982 Introduction City Council , at its December 15 , 1981 meeting, directed staff to respond to Jim O'Neill ' s letter of December 9 , 1981 regarding his sewer charges which included charges for water that did not enter the sewer. Problems Lou VanHout , Gregg Voxland, Jim O'Neill and I met on January 11th to discuss the problem. The consensus was that there were two separate issues . 1 . Separating the billing for lawn sprinkling from the present system that is tied to the sewer billing. 2 . Consideration of a rebate of $4,671 .82 for sewer bills that had been paid and were based in part on a flow that went into the ground rather than into the sewer. Potential Solutions 1 . Lou VanHout and Mr. O'Neill agreed that a second water meter could be installed at the owner ' s expense. Mr. VanHout will size the meter this spring. In addition the City will make an effort to inform new industrial building owners that plan to sprinkle lawns that they should have separate meters . 2 . The problem of the rebate was more difficult to resolve. The City has roughly 200 commercial industrial users who do not have separate sewer flow meters who could have claims of a similar nature ( the biggest claims would be from those who do lawn sprinkling) . For this reason the rebate question had the potential for setting a precedent with an unmeasurable impact ( industries could go back any number of years since commercial industrial users without sewer flow meters have always paid based on water usage) . A second element of this problem is the computation of the amount of water that went on the lawn rather than in the sewer. At best you can use the average winter usage , but with newer businesses that have little or no history this becomes very subjective. To avoid these pitfalls staff and Mr. O'Neill , who was sympa- thetic with the precedent problem, agreed on an overall policy that could be applied to Mr. O'Neill and any future requests of this nature : Mayor and City Council r Page Two January 12 , 1982 POLICY The City will not rebate sewer bills already paid for water not flowing in the sewer, but will credit the dif- ference ( i .e . difference between the average winter usage and summer , sprinkling usage) to the bill ( s) not yet paid (normally one billing period) provided the problem is resolved (new meter, additional meter for sprinkling or repair made) . Thus an owner objecting to or questioning his or her bill , should do so before he/she pays their quarterly bill . This puts the burden on the owner and creates an incentive for the owner to install an extra meter or to fix a leak. Again, the policy applies to water usage that does not make it into the sewer. The City cannot rebate water that has gone down the sewer because we are billed for it ourselves . Summary Mr. O'Neill initially raised the questions because he believed the new residential winter quarter (we use two winter quarters ) billing procedure applied to his commercial and industrial buildings . It does not , however, his particular problem has helped the City develop a "policy" for owners who belatedly find they have been paying sewer charges on water that has gone on their lawns . Staff recommends that the policy be applied to Mr. O'Neill ' s property as adopted after the first quarter billing. Action Requested 1 . Approve a policy that the City will not rebate sewer bills already paid for water not flowing in the sewer, but will credit the difference ( i .e. difference between the average winter usage and summer sprinkling usage) to the bill ( s ) not yet paid (normally one billing period) provided the problem is resolved (new meter, additional meter for sprinkling, or repair made) . 2 . That staff inform new commercial/industrial builders about the need for two meters if they plan to sprinkle lawns when they take out their Building Permit . JKA/jiw 6 MEMO TO: John K. Anderson, City Administrator FROM : Jeanne Andre , Administrative Assistant RE : Request from Shakopee Ministerium Association Regarding Cable TV DATE: January 11 , 1982 Introduction The Shakopee Ministerium Association contacted the City Council and the Ad Hoc Cable Communications Committee to express their concerns regarding R- and X-rated material on Cable TV in Shakopee. The City Council should now develop its response to the Association and the policy issues they have raised. Background The City Council requested this matter be addressed first by the Committee , which would forward its comments to the City Council for consideration and further action. Enclosed is an exerpt of the minutes of the Committee in which the matter was discussed and the Committee concensus fowarded to the City Council : Discussion was held on the letter received from the Shakopee Ministerium Association requesting the City Council to take action to ban the showing of R- and X-rated material on the cable system in Shakopee. Administrative Assistant Andre reported on information provided by Ann Davis of the Minnesota Cable Communications Board (MCCB) on this matter. Ms . Davis suggested that if the cable company has a policy it can be incorporated into the franchise . In lieu of a company policy, the City can adopt a policy in its ordinance, although it would probably not be enforcable if challenged. Waite Park and a few other Minnesota cities have adopted such a policy, and none have been challenged as of this time . The MCCB Adminis- trative rules (4. 230B) follow the U. S . Supreme Court ruling on obsenity which establishes the community standards as the norm against which materials will be judged. Recent federal legislation has also established that in the role of leasing channel space the cable operator serves as a common carrier, which places materials displayed by the leasee outside the rules established by and for the company. Gorman/Kirchmeier moved to forward the following concensus of the Committee to the City Council for consideration in the City Council response to this letter: 1 . One company proposing to serve Shakopee has a policy of showing no X-rated material . The Committee is supportive of this type of policy. 2 . R-rated movies are generally shown at later hours and lock-out devices will be provided by the cable companies to interested subscribers . John K. Anderson Page 2 January 11 , 1982 3 . Any Shakopee citizen has the right to chose not to subscribe to any or all cable programming. 4. Parents are a more appropriate control of children' s activities than ordinances . Motion carried. Requested Action Determine whether the City Council will adopt a policy or ordinance to ban the showing of R- and X-rated material on cable television within the City limits of Shakopee , and direct staff to prepare a letter to the Shakopee Ministerium Association explaining the posi- tion adopted by the Council . JA/jms XL, MEMO TO : John K. Anderson City Administrator FROM: Don Steger City Planner RE: Policies on Lot Splits DATE: January 11, 1982 After considerable discussion over the past few months , the Planning Commission adopted policies regarding lot splits. At a public hearing conducted during the December 10 , 1981 and January 7, 1982 Planning Commission meetings, the Planning Commission unanimously voted to adopt the lot split policies contained on the following page. The builders/developers in Shakopee participated in the discussion of this item and were in agreement with these policies . The following policies are intended to replace the existing Section 12 . 08 of the Subdivision Regulations . Action Requested : Adopt Ordinance No . 81, which amends Section 12 . 08 of the Subdivision Regulations . DS/jiw Attachments 7 Com/ AMEND SECTION 12 . 08, SMALL SUBDIVISIONS, AS FOLLOWS: SECTION 12 . 08 . SMALL SUBDIVISIONS (LOT SPLITS) The following policies regarding the splitting of platted recorded. lots are hereby established. When splitting a platted recorded lot into 2 - 5 lots , a simple administrative (staff* ) review shall be required and an official survey shall be provided for the administra- tive review. The City Planner shall have the option of requiring the normal preliminary and final platting procedures due to complexity or special circumstances (such as the need for additional easements , dedications , etc . ) . The Planning Commission shall be informed of all staff reviews of lot splits at the earliest regular meeting. Note : When subdividing unplatted property, the regular preliminary and final platting procedures shall be followed. *Staff shall be defined as the following departments : Planning, Engineering, Administration, Utilities , Building Inspections , Police , Fire , Community Services and Public Works . ORDINANCE NO. 81 1 a-' Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SECTION 12 . 08 OF THE CITY CODE GOVERNING LOT SPLITS AND ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1 AND SECTION 12 . 17 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I : Shakopee City Code, Section 12 . 08 is hereby amended to read as follows : Section 12 . 08 Small Subdivisions (Lot Splits ) Subd 1: When splitting a platted recorded lot into two to five lots , the following requirements must be met : A. A simple administrative review shall be performed by the staff consisting of representatives from the following departments : Planning, Engineering, Administration, Utilities , Building Inspection, Police, Fire, Community Services and Public Works . B. An official survey shall be provided for the administrative review. C. The City Planner shall have the option of requiring the normal preliminary and final platting procedures due to complexity or special circumstances (such as the need for additional easements , dedications , etc . ) . D. The Planning Commission shall be informed of all staff reviews of lot splits at their earliest regular meeting. Subd. 2 : When subdividing unplatted property, the regular preliminary and final platting procedures shall be followed. SECTION II: Adopted by reference : The general provisions and definitions applicable to the entire City Code, including Penalty Provisions of Chapter 1 and Section 12. 17 entitled "Violations" are hereby adopted in their entirety by reference as though repeated verbatim herein. w. . . . , Cts SECTION III : When in Force and Effect : After the adoption, signing and attestation of this Ordinance , it 'shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following the publication. Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 1982 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982 . City Attorney ';71.) MEMO TO : John K. Anderson City Administrator FROM: Don Steger City Planner RE: Conditional Use Permits for Bulk Liquid Storage Tanks DATE: January 11, 1982 At the January 7, 1982 meeting, the Planning Commission discussed the present zoning regulation which requires a Conditional Use Permit for large liquid storage tanks. The Planning Commission unanimously reaffirmed their support for this present require- ment for several reasons : 1. The Conditional Use Permit clearly stipulates the contents of the tanks , thereby providing a legal means of controlling the future use of the tanks . 2 . The Conditional Use Permit process requires a public hearing which provides neighboring property owners an opportunity for input into the decision-making process. 3 . The actual placement of the tanks can be more fully regulated . 4. Significant numbers of tanks have been placed in the City in the past few years and given the past problems which have occurred, a thorough control of tank placement and content was deemed necessary . DS/jiw 7C PLANNING COMMISSION and BOARD OF ADJUSTMENTS AND APPEALS 1981 ANNUAL REPORT 1981 PLANNING COMMISSION ANNUAL REPORT DATE ACTION February 12th Conditional Use Permit Resolution No. 143 - (Review) - Open sales lot for boat display in a B-1 zone , located at 1038 E. 1st Ave. Shakopee Sports Center. Renewal w/conditions of record. February 12th Conditional Use Permit Resolution No. 269 - Expansion to existing facility in R-2 Zone . St . Francis Hospital . Approved with conditions or record. Public hearing held. March 12th Conditional Use Permit Resolution No. 270 - Request for a Class II ( fast food) rest- aurant/game room facilities in B-1 Zone . Gary Shehan. Sub-Machine Shop. 1350 E. 1st Avenue . Approved w/conditions of record. Public hearing held February 12th. April 9th Conditional Use Permit Resolution No. 271 - Request for a nursery school in basement apartment of home at 3059 Hauer Trail . Maureen Strehlow. Approved w/conditions of record. Public hearing held. April 9th Conditional Use Permit Resolution No. 272 - Request for operation of a game room center in B-3 Zone to be located at 112 Lewis . Sullivan/O' Sickey. Denied for reasons of record. Appeal to Council . Council denied request is public hearing held May 26th. May 14th Conditional Use Permit Resolution CC-133 (Renewal ) - Allowing a mobile home as temporary living quarters in an AG Zone. Roger Whipps . Approved w/conditions of record . May 14th Conditional Use Permit No. CC-213 (Renewal ) - Allowing for a tool and die machine shop in a B-1 Zone. Approved. May 14th Conditional Use Permit Resolution No. 273 - Request to allow a mobile home as tempoary living quarters in an AG Zone. John Gerold. Approved w/conditions or record. Public hearing held. • 1981 Planning Commission Annual Report Page -2- DATE ACTION May 14th Conditional Use Permit Resolution No. 275 - Request for a temporary parking lot facility to be located on E2 of L 9 , and W2 of L 8 , Blk. 57 . O. S.P. St%. Francis Hospital . Approved w/conditions of ' record . Public hearing held . May 14th Conditional Use Permit Resolution No. 276 - Request for a parking lot extension to be located between Fuller and Atwood Streets on the south side of 4th Ave . Scott County. Approved w/conditions of record. Public hearing held. June 11th Conditional Use Permit Resolution No. 278 - Request to move an existing structure from 214 W. 4th to 1001 Eastview Circle . James Link. Approved w/conditions of record . Public hearing held. / August 13th Conditional Use Permit Resolution No. 282 - Request for a home occupation ( practice of kinlein at 1043 Main) . Marcia Armstrong. Approved w/conditions of record . Public hearing held. August 13th Conditional Use Permit Resolution No. 284 - Request for a home occupation (dance studio) at 642 Adams . Sharon Fenske . Approved w/conditions of record. Public hearing held. August 13th Conditional Use Permit Resolution No. 283 - Request to operate a motor fuel station in a B-1. Zone at 807 E. 1st Ave . Jack Hennen. Approved w/conditions of record. Public hearing held . September 10th Conditional Use Permit Resolution No. 287 - Request to move an existing structure to L 7, Blk. 6 , E.S.P. ( 744 E. 2nd) . Charles Mensing. Approved w/conditions of record. Public hearing held. September 10th Conditional Use Permit Resolution No. 270 (Amended) - Request extension of hours of operation for Fri . & Sat . evenings . Sub-Machine Shop. 1350 E. 1st Ave . Gary Shehan. Approved. Public hearing held. September 10th Conditional Use Permit Resolution No. 286 - Request to operate & maintain a dog kennel facilities in an R-1 Zone . Roy Simmons . Denied . Public hearing held. Appeal to Council . Council held public hearing October 6th. Council approved w/conditions of record . September 10th Conditional Use Permit Resolution No. 265 ( Review) - Request to handle , store and exterior storage of • fertilizer in I-2 Zone . Howe Chemical . Review approved. • • 1981 Planning Commission Annual Report Page -3- DATE ACTION October 8th Conditional Use Permit Resolution No. 288 - Request for a beauty salon as a home occupation in R-1 Zone . Patricia Boyer. Approved w/conditions of record. Public hearing held. October 8th Conditional Use Permit Resolution No. 289 - Request to board horses in an R-1 Zone in excess of Shakopee City Code requirements of 2 horses per 22 acres on property located at 8535 Eagle Creek Blvd Ted Reitveld. Approved w/conditions of record. Public hearing held. October 8th Conditional Use Permit Resolution No . 290 - Request for expansion and updating of chemical manufacturing and distributing facilities in a I-2 Zone, and the installation of underground storage tanks . Conklin Co. Approved. Public hearing held. October 8th Conditional Use Permit Resolution No. 277 - Request for operation of mineral extraction and land rehabilitation in AG Zone . Howard Rosenwinkel for Scott County Lumber Co. Bert Notermann and nominees . Denied. Public hearing held. Appealed to Council. Council held public hearing 10/8/81. Denied request . December 10th Conditional Use Permit Resolution No. 292 - Request to allow for installation of three under- ground liquid storage tanks in B-1 Zone . J. I. Case Co. Approved. Public hearing held. * * * * * * PLATS February 12th Final plat of Howe 1st Addition. 20-acre tract located So . of T.H. 101 and No. of Chicago, Milwaukee , St . Paul Railroad. Howe Chemical . Approved. Council adopted by Resolution No. 1794 , 2/17/81. (Prel . approved 1/13/80 ; and by C . C. 11/18/80 ) . February 12th Final Plat of Superior Supply 1st Addition. 20- acre parcel W. of T.H. 101, E. of CR 89 & So . of CNW Rail line . Superior Supply Corp. Approved. Council adopted by Resolution No . 1795 , 2/17/81. (Prel . approved 11/13/80; by C. C. 11/18/80 ) . 1981 Planning Commission Annual Report Page -4- DATE ACTION February 26th Request for final plat application extension for Sandlewood 1st Addition. 65 acre plat lying So. of Horizon Heights & E. of Titus Addn. Dave McGuire. Recommended extension to December 31 , 1981 , due to delay w/City acquiring street easement. Council concurred and approved extension to December 31 , 1981 on March 17 , 1981 . April 9th Preliminary and Final Plat of Link' s 3rd Addition, lying No. of 4th Ave. between Prairie & Naumkeag & So. of 3rd Ave. Clete Link. Recommended approval . Public hearing held. Council adopted by Resolution No. 1823 on 4/21 /81 . April 9th Preliminary and Final Plat of Case 1st Addition lying So. of T.H. 101 , No. of Chicago, St . Paul Milwaukee & Omaha Railroad, W. of Raceway Park & E. of Valley Ind. Drive. J. I . Case Co. Recommended approval . Public hearing held. Council adopted by Resolution No. 1824 on 4/21/81 . April 9th Request for final plat extension on A & G 1st Addition, a 7 . 5 acre plat lying E of CR 89, No. of Patch 1st Addn. & W of Maras Addn. in I-1 Zone . James Allen. Recommended extension to 7/17/71. Council concurred on 4/21/81. Mzv 14th Preliminary & Final Plat of Minnesota Valley 5th and 6th Additions , lying at 12th Ave. & Minnesota Valley Drive. Dick Wiggin. Recommended approval . Public hearingheld. Council adopted by Resolution No. 1838 on 19/81 . June 11th Final Plat of A & G 1st Addition, a 7 . 5 acre parcel lying E. of CR 89 , No. of Patch 1st Addn. & W. of Maras Addn. James Allen. Recommended approval . Council adopted by Resolution No. 1865 on 6/16/81 . (Public hearing held on Prel . Plat 7/12/79 ) . August 13th Preliminary and Final Plat of Nor-Dean 1st Addition ( lot split ) . Existing structure located at 1522/ 1528 E. 10th. Dean Morlock & Norm Erickson. Recommended approval . Public hearing held. Council adopted by Resolution No. 1895 on 8/18/81 . August 13th Preliminary & Final Plat of Nor-Dean 2nd Addition. ( lot split ) . Existing structures located at 1064/ 1076 Sibley. Dean Morlock/Norm Erickson. Recommended approval . Public hearingheld. Council adopted by Resolution No. 1896 on 18/81 . 1981 Planning Commission Annual Report Page -5- DATE ACTION September 10th Amending resolution approving final plat of Superior Supply 1st Addition, to include City drainage and utility easement in NSP 35 ' easement . Council adopted by Resolution No. 1912 on 10/6/81. October 8th Preliminary Plat of Hauer' s 3rd Addition (to be known henceforth as HAUER'S 2ND ADDITION, lying E. of Austin St . , W. of Hauer' s 1st Addn. & So. of 11th Ave . Recommended approval. Public hearing held. Council concurred on 10/20/81. December 10th Request for final plat application extension for Sandlewood 1st Addition. Denied. Council concurred 12/15/81. * * * * * * * REZONINGS July 9th Rezoning a 2 . 63 acre parcel from I-2 to B-1, lying in eastern Shakopee , So. of T.H. 101. Family Dining dba I & 44 Liquors . Don Woodward. Recommended approval upon the rezoning of additional parcels surrounding requested parcels to be rezoned. Public hearing held. Council concurred 7/21/81. August 13th Rezoning of the following parcels from I-2 to B-1 : - Cretex Industrial Park 1st Addn. - Lots 1-3, Blk. 1 & Lot 1, Blk. 3; - Howe 1st Addn. - Lot 1, Blk. 1, - Case 1st Addn. - Lot 1, Blk. 1; - Tobco, Inc . , - a 5. 17 acre parcel in 2-115-22; - a 6 .2 acre parcel in 3-115-22 . Fee Owner: Darwin Hentz (CD Rosemarie Gearman) ; - Landey ' s Camping Center - a 5 . 8 acre parcel in 3-115-22 . City of Shakopee . Recommended approval . Public hearing held. Council adopted by Ord. No . 74 on 9/1 /81, which included request for Family Dining of 7/9/81. 1981 Planning Commission Annual Report Page -6- * * * * * * * * SPECIAL RECOMMENDATIONS TO CITY COUNCIL DATE ACTION February 12th Amend City Code Section 11. 33 to permit certain sales as a conditional use in an I-2 zone where there are no sales or displays in the front yard and sales are accessory to a permitted principal use within a structure not to exceed 15 percent of the total floor area. Recommended amending. Public hearing held. Council adopted by Ord . No . 59 on 4/21/81. February 26th Adoption of new Subdivision Ordinance, City Code Chapter 12 , Subdivision Regulations . Recommended adoption. Public hearing held. Council adopted by Ord . No. 58 on 4/21/81. April 9th Adoption of a new Sign Ordinance, Section 4 . 30 . Recommended adoption. Public hearing held. Council adopted by Ord. No. 68 on 6/16/81. April 9th Amend City Code Section 11. 24 , Subd. 3, to allow structures in excess of height limitations as a conditional use in all zones . Recommended amendment . Public hearing held. Council adopted by Ord. No . 60 on 4/21/81. July 9th Amending City Code Section 11. 05, Subd. 9 , Item D, to require a bond for the moving of structures. Recommended amendment . Public hearing held. Council adopted by Ord. No . 72 on 8/18/81. July 23rd Amendments to the adoption of the Comprehensive Development Plan to conform with Metro Council requirements . Recommended approval as revised . Public hearing held. Council adopted revisions on 8/4/81. July 23rd Adoption of 5-Year Capital Improvement Program. Recommended to Council w/Planning Commission additions . Public hearing held 7/9/81. Council adopted 12/1/81. September 10th Signing of proposed rezonings and proposed subdivisions by a 2 ' x 2 ' sign. Recommended approval. Council concurred 10/20/81, effective 1/1/82 . November 12th Review on 5-Year Capital Improvement Program - Parks . Recommended to Council with addition of bike trail from 10th Ave . or Shakopee Senior High School on easterly side of CR 79 to park' facility at O'Dowd Lake . 1981 Planning Commission Annual Report Page -7- DATE ACTION December 10th Review of the "Amendment and Modification to Amended Redevelopment Plan for Elderly Highrise Redevelopment Project No. 1" , for conformance with comprehensive plans for City. Approved. * * * * * * * MOTIONS FOR RECORD January 8th Planning Commission wishes to maintain 22 acre lot sizes in R-1 zones and adopt Metro Council provisions Procedure No. 10 , adopting fee to be borne by beneficiary and agricultural homesteads be excluded. January 8th Reaffirmed City Council position that relief line should be a metro facility . January 22nd Planning Commission endorsement of SPUC Res . No. 222 , A Resolution Establishing A Trunk Water Policy Setting Fees and Repealing Res . No. 217 . February 26th Staff to prepare plans on extension of 13th Ave . to provide for a southerly entrance to the Shopping Center. March 12th Recommended employing a traffic consultant for Minnesota Valley Mall Area Traffic Study. Council authorized study 3/17/81. July 9th Directing staff to draft guidelines indicating when accessory buildings should be reviewed by City staff and when staff should be delegated responsi- bility to make decision as to determination of necessity of Conditional Use Permit . July 23rd Moved that Alternative No . 3 of BRW' s (Traffic Consultants ) Minnesota Valley Mall Traffic Study be given approval. July 23rd Moved to endorse staff guidelines on accessory buildings . August 13th Moved to change Planning Commission and Board of Adjustment and Appeals meeting nights from 2nd Thurs. of month to 1st Thurs. after 1st Tues . of month; for special meetings change from 3rd Thurs . of month to 3rd Thurs . after 3rd Tues . 1981 Planning Commission Annual Report Page _8_ 2 ci Respectfully submitted, John Schmitt , Chairman Joseph Perusich, Vice Chairman Fred Coller Beverly Koehnen Dave Rockne Lee Stoltzman Gloria Vierling <RC., MEMO TO: Mayor and City Council FROM: John K. Anderson City Administrator RE: Trunk Highway,101 Proposed Service Drive DATE: January 14, 1982 Introduction City Council, at its December 15, 1981 public hearing, heard from a Cretex Representative stating that they were in favor of the proposed road alignment, and a representative of School Bus Sales stating their concern about loss of business, due to the proposed alignment. Council directed staff to meet with W. M. Crawford, District Engineer, to see if there was any way that School Bus Sales' driveway onto Trunk Highway 101 could be conditionally retained after the new road was constructed. Meeting City staff met with Mr. Crawford after he had personally viewed the site. While he said he could understand the request, there was no way that it could be retained even if special conditions were established. Mr. Crawford's attached letter dated January 7, 1982 is provided as written confirmation of Mn/DOT's position. Purpose of the Project The proposed Service Road was considered by Mn/DOT, after receiving a request from the City of Shakopee, because it did constitute a priority safety improve- ment. Thus, the project apparently had merit when first considered by the City, and still has merit to Mn/DOT when all the safety improvements are included. Without accomplishing all of the safety goals, the project looses its priority with Mn/DOT and Mn/DOT will move the funding to the next project on their priority list. Looking at the broader view, Mn/DOT's participation represents more than improved access and safety for those vehicles using the service drive, it represents improved safety for all vehicles using Trunk Highway 101. Our discussions have been more narrowly focused on the access to the service road while Mn/DOT is looking at the safety of the TH 101 travelers. Decision Questions for the City The funding provided by Mn/DOT makes this project feasible. Without the funding , the project probably could not be built. If the City passes up the funding at this time, will we be looking for alternatives in the future to build 1 Mayor and City Council January 14, 1982 T.H. 101 Service Drive Page -2- 81 6- that portion of the road that serves Cretex or any other business proposed to be served? Will the project, with a cost to the adjacent properties of $3:68/F.F. be a long term benefit to the City? What effect does the proposed assessments, payable late this Fall or over 10 years, have in the present economic climate? What level of commitment has already been made to the present road alignment (eg. service to buildable lots, utility right-of-way, etc. )? Is the proposed project a real detriment to any of the existing properties or a hardship? Summary Staff believes that the answers to the above questions, on balance, argue for approval of the project. Action Requested Offer Resolution No. 1970, A Resolution Approving Project And Ordering The Preparation Of Plans and Specifications Trunk Highway 101 Frontage Road County Road 89 To The West Line Of Cretex Industrial Park 1st Addition Public Improvement Program No. 82-1. JKA/jiw Attachment ,s, RECEIVED,/ „lo . . Minnesota It Department Of Transportation JAN 1 1 1982 District 5 OF TRP��� No. Golden Drive Valley, Minnesota 55422 CIS OF SNAKOPEE (612) 7>7:i-+)1 January 7 , 1982 Mr . John K. Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 RE: C.S . 7005 (T.H. 101 ) Proposed Service Drive in Shakopee Dear Mr . Anderson: As we discussed in our meeting at Shakopee yesterday afternoon and in response to your December 18th letter, the Department of Transportation would not be able to participate in the cost of the frontage road construction as you have outlined. Our policy in participating in frontage road construction is aimed at safety improvement for the trunk highway system. Leaving an entrance inplace for school bus sales is in con- flict with our policy. With state funds in such short supply, I cannot in good conscience recommend our participating in this project when there are so many more pressing needs for our safety improvement dollar . As I indicated to you yesterday, I would be willing to explain our situation to the City Council if they feel that is necessary. Sincerely / �.;j 71 , 4t W. i4. Craw ord, District Engineer A Equal Opportunity Employer ^may U RESOLUTION NO. 1970 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications for Improvement Of Trunk Highway 101 Frontage Road County Road 89 To The West Line Of Cretex Industrial Park 1st Addition Improvement No. 82-1 WHEREAS, a resolution of City Council adopted November 4, 1981 fixed a date for a Council hearing on the proposed improvement of Trunk Highway 101 Frontage Road, County Road 89 to the West line of Cretex Industrial Park 1st Addition, by roadway; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on December 15, 1981, at 8:30 P.M. , at which all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA : 1. Such improvement is hereby ordered as proposed in the report received by Resolution No. 1932, adopted by City Council November 4, 1981. 2. Henry R. Spurrier, City Engineer for the City of Shakopee, Minnesota is hereby designated as the engineer for the improvement. He shall prepare Plans and Specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, held this day of 1982. Mayor of the City of Shakopee ATTEST : City Clerk 210 MEMO TO : John K. Anderson/City Administr tor FROM: Judith S . Cox/City Clerk ( _ RE : Amending Res. Setting Forth olicy on Appointments to Boards and Commissions DATE: January. 15, 1982 Introduction: In response to a question of the Council , the current resolution setting forth the policy on appointments to boards and commissions does not address waiving the two week waiting period between nominations and appointment . Should the Council desire to amend the resolution to so provide , an appropriate resoultion is attached for consideration. Alternative : 1 ] Status quo - wait two weeks between nominations and appointment. 2] Amend resolution giving flexibility to Council permitting waiving the two week waiting period. Action Requested: If Council so chooses , offer Res. No. 1969 and move its adoption. JSC : cu RESOLUTION NO . 1969 A RESOLUTION AMENDING RES . NO . 1562 SETTING FORTH CITY COUNCIL PROCEDURAL POLICY ON APPOINTMENTS TO CITY BOARDS ANI) COMMISSIONS Be It Resolved that Resolution No. 1562 is hereby amended by adding the following: "Upon majority vote of the Councilmembers present, the Council may waive the procedural policy on appointments to permit nominations, voting and appointment all to occur at the same Council meeting. " Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of , 1982 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982. City Attorney • RESOLUTION NO. 1562 A RESOLUTION SETTING FORTH CITY COUNCIL PROCEDURAL POLICY ON APPOINTMENTS TO CITY BOARDS AND COMMISSIONS WHEREAS , in accordance with the City Code , the Shakopee City Council has the authority and obligation to appoint persons to the various City boards and commissions ; and WHEREAS , t he City Council desires to establish a procedure for the appointment of persons to the various City boards and commissions . NOW, THEREFORE, BE IT RESOLVED, that the Shakopee City Council hereby establishes the following procedure to appoint persons to the various City boards and commissions : 1 . When an appointment is required, the City Administrator shall notify the City Council as early as possible before the appointment is put on the City Council agenda. 2 . The City Council shall make an appointment to a City board or commission only if the appointment appears on the printed agenda of that meetir_g or if the appoint ment was tabled from a previous meeting. 3 . The City Council shall follow Roberts Rules of Order, Newly Revised, in making nominations for any appoint- ment to be filled. Any Councilmember can nominate an individual and the nomination must be seconded by another member. Each Councilmember who nominates a person for an appointment should either pass out a resume of that person to the other Councilmembers or be able to recite some background information about the nominee . A motion to close nominations can be made and seconded at any time after each Councilmember present has been polled for a nomination. Once nominations are closed, no further applications will be received and vote will be made at the next Council meeting. 4. After nominations have been closed , if there is more than one person nominated for an appointment , the City Administrator shall distribute paper upon which each Councilmember shall write his preference for . the appointment . 5 . The Mayor shall open the paper ballots and declare the person getting the most votes and whether or not he or she received a majority vote of the Council- members present . 6 . 11 1I1c person receiving the most votes does riot �V have a majority vote of the Councilmembers present , then there shall be a second paper vote between the top two candidates . If the vote is a tie between the top two candidates , there shall • then be an additional paper vote between the top two candidates . 7 . After a candidate has received a majority vote on a paper ballot , the Mayor shall announce his or her name and the fact that he or she has a majority vote . At that time , a motion is in order to appoint that person to the position . This motion shall be voted on and if the person receives a majority, he or she is then appointed. Adopted in regular session of the City Council of the City of Shakopee , Minnesota , held this 5th day of February, 1980. ie Mayor of the City of Shakopee ATTEST: i City Clerk . F �„ Approved as to form this day of February , 1980. 40, City A � - torney --- ---------------- MEMO TO : John K . Anderson City Administrator , FROM : H . R. Spurrier City Engineer -- RE : Conklin Company Service L ne DATE : January 8, 1982 Introduction : Conklin Company is expanding their existing facilities. In doing so, require a service line connection to Metropolitan Waste Control Commission facilities. Background : City staff contacted Donald S. Bluhm, Staff Engineer with Metropolitan Waste Control Commission, concerning the requirements outlined in the attached letter from Bernard J . Harrington, Director of Engineering, also with Waste Control Commission. According to Mr. Bluhm, Metropolitan Waste Control Commission requests that resolutions approving the permit and authorizing its transmission and stating that the proposed connection conforms to the City's Comprehensive Plan, the Waste Control Commission makes this request in order to insure the orderly expansion, not only of Metropolitan Waste Control Commission facilities, but City facilities as well. The primary concern is that connections are not permitted in areas that may be assessed for lateral services sometime in the future. Recommended Action : Adopt Resolution No. 1966, A Resolution Approving The Permit For Connection To Metropolitan Waste Control Commission Facilities By Conklin Company. HRS/jiw Attachment Mei 41/ DEC 291931 ' G CITY OF SHAKW EE December 24, 1981 Mr. John K. Anderson City Administrator City of Shakopee 129 E. 1st Avenue Shakopee, MN 55379 Dear Mr. Anderson: These permits were submitted to the Commission for approval . Before the Commission can act on this request for a connection to our inter- ceptor, it is necessary that the City execute the permits and resubmit them to my attention. Along with the permit application, it is necessary that the City submit a City Council Resolution: 1) Approving the permit and authorizing its transmission; and 2) Stating that the subject sewer connection conforms to the City's Comprehensive Sewer Plan based on their review. If you have any questions in this regard, please call . Sincerely, - )� . Bernard J. Harrington Director of Engineering' cc: E. A. Couser, Horwitz, Inc. BJH:DSB:CLL 350 METRO/QUARE BLDG. TH&ROBERTITREET/ /AIM PAUL mm 55101 612 222.8423 RESOLUTION NO. 1966 Q A Resolution Approving The Permit For Connection To Metropolitan Waste Control Commission Facilities By Conklin Company WHEREAS, ' the Metropolitan Waste Control Commission has required that the City of Shakopee approve the Permit for Connection To or Use of Commission • Facilities by Conklin Company, and WHEREAS, the City of Shakopee is further required to certifiy that such use conforms to the City's Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SHAKOPEE, MINNESOTA THAT : 1 . Proper City Official is authorized to approve the Permit for Connection To or Use of Commission Facilities for Conklin Company. 2. The connection proposed by Conklin Company conforms to the City of Shakopee's Comprehensive Sewer Plan, based on the review by City of Shakopee staff. 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 , 1982. City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , HRA Executive Director DATE: January 11 , 1982 The attached resolution was drafted to avoid the necessarity of appointment by the Mayor and approval of the Council of HRA Commissioners every two years . As the Council has already expressed its interest in having Councilmembers serve concur- rently as HRA Commissioners , the attached is a housekeeping resolution which will initiate this process automatically. Recommended Action Adoption of Resolution No. 1965, A Resolution Approving the Appointment of Commissioners for the Housing and Redevelopment Authority in and for the City of Shakopee. JA/jms RESOLUTION NO. 1965 A Resolution Approving the Appointment of Commissioners for the Housing and Redevelopment Authority in and for the City of Shakopee • • WHEREAS , the City Council of the City of Shakopee on January 11 , 1977 , adopted Resolution No. 1014 which accepted the resignation of previous Commissioners of the Shakopee Housing and Redevelopment Authority and 'appointed in their place the current members of the City Council , and WHEREAS , the terms of the new Commissioners so appointed were set to run concurrently with their Council terms , and WHEREAS , it was and is the intent of the City Council for all future members of the City Council to automatically serve as Commis- sioners of the Housing and Redevelopment Authority concurrently with their Council terms . NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That the appointment by the Mayor of the City of Shakopee , Minnesota of the following persons to serve as Commissioners of the Shakopee Housing and Redevelopment Authority until the date set opposite their names and until their successors are qualified is hereby approved : John Leroux 12/31/83 Dean Colligan 12/31/83 Jerome K. Wampach 12/31/83 Dolores Lebens 12/31/85 Gloria Vierling 12/31/85 2 . That the Commissioners will serve until new Councilmembers have taken an oath as members of the City Council and qualified as Commissioners by taking the Commissioner ' s oath. 3 . That in the future , all Commissioners will be considered automatically appointed by the Mayor and approved by the Council to serve on the Housing and Redevelopment Authority upon taking an oath as members of the City Council and as Commissioner, and shall continue as Commissioners until such time as their term expires or their resignation to the City Council is accepted and becomes effective and their successor qualifies . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1982 . • Mayor of the City of Shakopee ATTEST: City Clerk • 2.C-J MEMO TO: Mayor and City Council FROM: John K. Anderson City Administrator RE: Amendment to City of Shakopee Peronnel Policy DATE: January 12 , 1982 Introduction I have had the attached resolution drafted, which amends the personnel policy for the City of Shakopee . Purpose There are two paragraphs that are proposed for changes . The first paragraph includes two changes : 1 . Non-union employees would be paid time and one-half ( 11/2) , rather than straight time to work holidays . It is rare that a non-union employee would be scheduled to work on a holiday, but this change makes non-union employees holiday pay consistent with union employees . 2 . The second change states that permanent part-time employees would receive pro-rated holiday pay rather than pay only if they work the holiday. The new policy would eliminate having to pay for more than 8 .0 hours on holidays for some of our permanent part-time employees ( i .e . our custodians are sometimes scheduled to work 10 - 12 hour days ; if a holiday happens to fall on one of those days , we have to pay for that number of hours under the present policy) . Also, under the present policy, since most holidays fall on Mondays and/or Fridays , it is not equitable for an employee who is only scheduled to work Tuesday - Thursday and, therefore, would never receive holiday pay. The new policy would also be consistent with policy regarding other benefits , such as vacation and sick leave, which are earned on a pro-rated basis by permanent part-time people . The second two paragraphs do not change any benefit , but clarify two points : 1 . Non-union employees must choose to take comp. time or over- time pay. They cannot convert accumulated comp. time into pay. 2 . Overtime pay is based upon a regularly scheduled work day, which may or may not be 8 hours , and a regular 40 hour week. This permits a 10 hour, 4-day week for inspectors , etc. , during the summer without having to pay overtime for time over 8 hours in a given day. Mayor and City Council January 12 , 1982 Amendment - Personnel Policy Page -2- g Qi Alternatives 1 . Make the changes for consistency, flexibility and clarity of administration. 2 . Do not make 'the changes and keep the present policy. 3 . Modify the proposed changes . Summary Staff recommends Alternative No. 1 . There is no material change in cost to the City and there will be improved consistency in City personnel benefits , personnel procedures and flexibility in scheduling. Recommended Action Offer Resolution No. 1967 , A Resolution Amending The City Of Shakopee Personnel Policy Adopted by Resolution No. 1571 On Holidays And Overtime , and move its adoption. JKA/jiw Attachment RESOLUTION NO. 1967 A RESOLUTION AMENDING THE CITY OF SHAKOPEE PERSONNEL POLICY ADOPTED BY RESOLUTION 1571 ON HOLIDAYS AND OVERTIME WHEREAS , Resolution No. 1571 was adopted by the City to provide reasonable and clear expectation of the conditions of employment for its employees ; and WHEREAS , it is necessary to amend certain sections of Resolution No. 1571 from time to time to maintain reasonable and clear condi- tions of employment . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA, that Section 15 , Subd . 2 "Holidays" of the City of Shakopee Personnel Policy (Resolution No. 1571 ) is hereby amended to read as follows : The City shall be closed for business on each such holiday, but employees may be required to work on paid holidays when the nature of their duties or those conditions require . An employee (non-department head) required to work on a holiday shall receive a rate of pay at one and one-half times for the number of hours actually worked plus either his regular holiday pay or another day off within thirty ( 30 ) days thereafter as the department head determines . Permanent part-time employees are entitled to paid holidays with pay being pro-rated . BE IT FURTHER RESOLVED that Section 6 , Subd. 4 "Overtime" of the City of Shakopee Personnel Policy (Resolution No. 1571 ) is hereby amended to read as follows : Comp time shall be earned at a rate of one and one-half times base. The employee has the choice of recording overtime hours worked on a given day as being paid at the rate of one and one-half times base or of banking comp time at a rate of one and one-half times base . Employees to whom the State Fair Labor Standards Act applies shall he compensated for overtime rates at one and one-half the regular rate of pay for hours worked in excess of the regularly scheduled hours per day and forty (40) hour week. Adopted in session of the City Council of the City of Shakopee , Minnesota , held this -_« day of 1982 . Mayor of the City of Shakopee ATTEST: • City Clerk MEMO TO : John K. Anderson City Administrator FROM: Judith S. Cox City Cleik EE : Releases from Developers Agreements and Park Dedication Agreements DATE : January 15, 1982 Introduction: When a request is made by a developer to release a Developers Agreement , if all conditions of the agreement have been met , a release is prepared and executed by the Mayor, City Administrator, and City Clerk. Background : It is not only a lot of extra work, but also an inconvenience to acquire all three signatures , especially if a request is made and a release is needed the same day or the following day . Upon discussing this matter with the City Attorney, I learned that it is not necessary for all three parties to sign the release , even though all three parties do sign the original Developers Agreement and Park Dedication Agreement . It is only necessary for the City Clerk to sign the release , however, other signatures may be required by the Council. Since this matter has never been addressed, I would ask that the Council give it some consideration at this time . It would be less work and time for the City Clerk if it were not necessary to obtain signatures from the City Administrator and Mayor. It would be less inconvenient to the Mayor to have to make time to come in to sign a release , and it would provide faster service to the developer. The responsibility of staff to make sure all conditions of the agreements have been met would remain unchanged. Alternatives : 1. Status quo, continue to have the Mayor, City Administrator and City Clerk sign all releases from Developers Agreements and Park Dedication Agreements . 2 . Authorize the City Clerk to release Developers Agreements and Park Dedication Agreements . lo' John K. Anderson January 15, 1982 �"�, r Releases - Developers Agreement & Park Dedication Agreements Recommended Action: Offer Resolution No. 1971, A Resolution Authorizing The City Clerk To Release Developers Agreements and Park Dedication Agreements , and move for its adoption. JSC/jiw Attachment •. RESOLUTION NO. 1971 A Resolution Authorizing The City Clerk To Release Developers Agreements And Park Dedication Agreements WHEREAS, when a parcel of property is submitted to the City Council for approval of a proposed subdivision, a Developers Agree- ment may be required, which Developers Agreement requires , among other things , the construction of public improvements and payment of Park Dedication; and WHEREAS, the Developers Agreement may provide that either the developer or the City make the improvements and establish the conditions thereof, and WHEREAS, upon completion of the public improvements, as provided in the Developers Agreement and payment of the Park Dedication, the City desires to release the Developers Agreement . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City Clerk is hereby authorized and directed to release the Developers Agreement and/or Park Dedication Agreement from any lot upon which all conditions of the Developers Agreement and/or Park Dedication Agreement have been met and upon payment in full of all debts owing, as a result of said agreements . Adopted in session of the City Council of the City of Shakopee , held this day of 3 1982 . Mayor of the City of Shakopee ATTEST: City Clerk AnnnupA a c to fnrrn thi c r1-1zr MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: $650 ,000 I . R. Bonds for Equities Unlimited DATE: January 15 , 1982 Introduction Equities Unlimited is now ready for final approval of the IR Bonds for the new 1 & 44 Off Sale site . Appropriate documents have been forwarded to Mr. Krass and his recommendation will be provided Tuesday. Point of Information At the time Council considered preliminary approval , staff recommended, among other things , that a 20 foot drainage and utility easement around the perimeter of the lot be submitted to the City prior to issuance of a building permit . A building permit was issued without an easement in hand and a condition was placed on the building permit "Dedication of 20 feet utility easement must be made prior to issue of C .O. " I do now have an executed easement ; however, I do not know whether or not it is properly executed, and will not know prior to Council considering final approval of the I .R. Bond application. I trust that the condition placed on the building permit will insure that the easement requirement will be resolved and will therefore not hold up final approval of the I .R. Bonds . Action Recommended Offer Resolution No. 1972 , A Resolution Providing for the Issuance and Sale of Industrial Development Revenue Bond Pursuant to Chapter 474, Minnesota Statutes , to provide Funds to be Loaned to Equities Unlimited for Industrial Development Project , and move its adoption. JSC/jms A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BOND PURSUANT TO CHAPTER 474, MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED TO EQUITIES UNLIMITED FOR INDUSTRIAL DEVELOPMENT PROJECT BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota (the "City" ) , as follows: 1. Authority. The City is, by the Constitution and Laws of the State of Minnesota, including Chapter 474, Minnesota Statutes, as amended (the "Act" ) , authorized to issue and sell its revenue bonds for the purpose of financing the cost of acquisition and construction of authorized projects and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act and to pledge revenues of the project and otherwise secure such bonds. 2 . Authorization of Bond. The City Council hereby de- termines that it is desirable and expedient to authorize, and the City Council does hereby authorize, the issuance of a $650, 000 City of Shakopee Commercial Development Revenue Note (Equities Unlimited Project) (the "Bond" ) , in the form attached hereto ?_s Exhibit A, pursuant to the Act to provide funds to be loaned to Equities Unlimited, a Minnesota general partnership (the "Company" ) , to acquire land in the City and to construct thereon a building to be owned by the Company and leased to Family Dining, Inc. , a Minnesota corporation, d.b.a. 1 & 44 Liquor Center (the "Lessee" ) and other commercial tenants and to be used as a commer- cial retail facility and to acquire and install therein equipment (the "Project" ) . 3 . Documents Presented. Forms of the following docu- ments relating to the Bond and the Project have been submitted to and examined by the City Council and are now on file in the office of the City Clerk: (a) Loan Agreement (the "Loan Agreement" ) , dated as of January 1, 1982, by and between the City and the Company whereby, among other things, the City agrees to make a loan to the Company of the proceeds of the sale of the Bond and the Company covenants to complete the Project and to pay amounts sufficient to provide for the prompt payment of the principal of and interest on the Bond; and (b) Construction Loan Agreement (the "Construction Loan Agreement" ) among the City, the Company and Golden Vally State Bank (the "Bank" ) , whereby, subject to the terms and conditions therein set forth, the Bank agrees to purchase the bond from the City and to advance the proceeds thereof to the Company; and (c) Combination Mortgage and Security Agreement and Fixture Financing Statement (the "Mortgage" ) dated as of January 1, 1982 , by and between the Company and the Bank, whereby the Company mortgages to the Bank the Project Site and the other Project Facilities, all as further described in the Mortgage, as security for the Bond (this document not to be executed by the City) ; and (d) Assignment of Rents and Leases (the "Assign- ment" ) dated as of January 1, 1982, from the Company to the Bank, whereby the Company assigns to the Bank its interests in all leases and rents derived from the Project Facilities (this document not to be executed by the City) ; and (e) Guaranty Agreement (the "Guaranty" ) dated as of January 1, 1982, from each of the general partners of the Company (the "Guarantors" ) to the Bank, whereby the Guarantors unconditionally guarantee payment of the principal of, premium, if any, and interest on the Bond (this document not to be executed by the City) ; and (f) Assignment and Pledge Agreement (the "Pledge Agreement" ) , substantially in the form attached hereto as Exhibit B, dated as of January 1, 1982, whereby the City assigns to the Bank all of its interest in the Loan Agreement and Loan Repayments of the Company payable thereunder (except its rights under Sections 4.02, 6.01, 7.04 and 7.05) , for the purpose of securing the Bond. 4. Findings. It is hereby found, determined and declared that: (a) The Project, as described in paragraph 2 hereof and in the Loan Agreement, constitutes a project authorized by and described in Section 474.02, Subd. la, of the Act. (b) The purpose of the Project is and the effect thereof will be to promote the public welfare by: preventing the emergence of blighted and marginal lands and areas of chronic unemployment; preventing economic -2- deterioration; the development of sound industry and commerce to use the available resources of the com- munity, in order to retain the benefit of the com- munity' s existing investment in educational and public service facilities; and halting the movement of talented, educated personnel to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; and providing a more adequate tax base to finance the costs of governmental services. (c) The Project has been approved by a prelim- inary resolution of the City Council duly adopted November 10, 1981, and by the Commissioner of Securities and Real Estate of the State of Minnesota. (d) The issuance and sale of the Bond, the execu- tion and delivery of the Loan Agreement, the Pledge Agreement and the Construction Loan Agreement and the performance of all covenants and agreements of the City contained in the Bond, the Loan Agreement, the Pledge Agreement and the Construction Loan Agreement and of all other acts and things required to make the Bond, the Loan Agreement, the Pledge Agreement and the Construction Loan Aareement valid and binding obligations of the City in accordance with their terms, are authorized by the Act. (e) There is no litigation pending or, to the best of its knowledge threatened, against the City relating to the Project or to the Bond or Loan Agree- ment, or auectioning the organization of the City or its power or authorityo issue the Bond or execute and deliver the Loan Agreement, the Pledge Agreement and the Construction Loan Agreement. (f) The execution, delivery and performance of the City' s obligations under the Bond, the Loan Agree- ment, the Pledge Agreement and the Construction Loan Agreement have been fully authorized by all requisite action, including adoption of this resolution, and do not and will not violate any order or judgment of any court or other agency of government in any litigation to which the City is a party or by which it is bound, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. -3- (g) The Loan Agreement provides for payments by the Company to the Bank as Holder of the Bond for the account of the City of such amounts as will be suf- ficient to pay the principal of and interest on the Bond when due. No reserve funds are deemed necessary for this purpose. The Loan Agreement obligates the Company to provide for the operation and maintenance of the Project Facilities, including adequate insurance, taxes and special assessments . (h) Under the provisions of Section 474. 10 of the Act, and the Bond shall recite that, the Bond is not to be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof, nor is the City subject to any liability thereon; no Holder of the Bond shall ever have the right to compel the exercise of the taxing power of the City to pay the Bond or the interest or any late charges or premium thereon; and the Bond does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. (i ) No member of the City Council (i) has a direct or indirect interest in the Project, the Loan Agreement, the Construction Loan Agreement, the Pledge Agreement or the Bond, (ii) owns any capital stock of or other interest in the Project, the Company, the Lessee or the Bank, (iii) is an officer or director of either the Company, the Lessee, or the Bank, (iv) will be involved in supervising the completion of the Project on behalf of the Company, or (v) will receive any commission, bonus or other remuneration for or in respect of the Project, the Loan Agreement, the Construction Loan Agreement or the Bond. (j ) The Municipality is a duly organized and existing municipal corporation under the laws of the State of Minnesota and has power to issue the Bond under the Act. 5. Approval and Execution of Documents . The forms of Loan Agreement, Pledge Agreement, Construction Loan Agreement, Mortgage, Assignment and Guaranty referred to in paragraph 3 are approved. The Loan Agreement, Pledge Agreement and Construction Loan Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Clerk, or shall be executed by other appropriate officers of the City authorized to execute documents on behalf of such officers, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. The Mortgage, the Guaranty and the Assignment may contain such revisions as may be approved by the Bank and the Company. -4- 6 . Approval of Terms and Sale of Bond. The City shall proceed forthwith to issue the Bond, in the authorized principal amount of $650,000, substantially in the form, maturing, bearing interest, payable in the installments and otherwise containing the provisions set forth in the form of Bond attached hereto as Exhibit 1, which terms and provi- sions are hereby approved and incorporated in this Bond Resolution and made a part hereof. A single Bond, substantially in the form of Exhibit 1 to this Bond Resolution, shall be issued and delivered to the Bank in the principal amount of $650, 000 and as authorized by the Act, the principal of and interest on the Bond shall be payable at the office of the Bank in Shakopee, Minnesota. The proposal of the Bank to purchase the Bond at a purchase price equal to 100% of the principal amount thereof, pursuant to the provisions of the Construction Loan Agreement, is hereby found and determined to be reasonable and is hereby accepted. Pursuant to the Construction Loan Agreement, the Bank has agreed to pay the purchase price in Advances direct- ly to the Company, to provide funds to be loaned by the City to the Company, to pay the costs of the Project. 7 . Ec.:Ll-i n and Delivery of Bond. The Bond may be in typewritten or printed form and shall be executed by the manual signatures of the Mayor and the City Clerk, and the official seal of the City shall be affixed thereto. When so prepared and executed, the Bond shall be delivered to the Bank upon payment of the purchase price, and upon receipt of the signed legal opinion of Faegre & Benson, of Minneapolis, Minnesota, bond counsel, pursuant to the Loan Agreement. The Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be con- clusive evidence of the validity and regularity of the issuance thereof. 8 . Registration Records. The City Clerk, as bond registrar, shall keep a bond register in which the City shall provide for the registration of the Bond and for transfers of the Bond. The principal of and interest on the Bond shall be paid to the Bank for the account of the Holder entitled thereto in Federal or other immediately available funds . The City Clerk is authorized and directed to deliver a certified copy of this Bond Resolution to the County Auditor of Scott County, together with such other information as the County Auditor may require, and obtain the certificate of the County Auditor as to entry of the Bond on his bond register as required by the Act and Section 475 .63 , Minnesota Statutes. 9 . Mutilated, Lost, Stolen or Destroyed Bond. If the Bond is mutilated, lost, stolen or destroyed, the City may execute and deliver to the Holder a new Bond of like -5- amount, date, number and tenor as that mutilated, lost, stolen or destroyed; provided that, in the case of mutilation, the mutilated Bond shall first be surrendered to the City, and in the case of a lost, stolen or destroyed Bond, there shall be first furnished to the City and the Company evidence of such loss, theft or destruction satisfactory to the City and the Company, together with indemnity satisfactory to them. The City and the Company may charge the Holder with their reasonable fees and expenses in replacing any muti- lated, lost, stolen or destroyed Bond. 10 . Transfer of Bond; Person Treated as Holder. The Bond shall be transferable by the Holder on the bond register of the City, upon presentation of the Bond for notation of such transfer thereon at the office of the City Clerk, as bond registrar, accompanied by a written instrument of -:r _._ _ _ �. .� cuted by the Holder or its attorney duly authorized in writing. The Bond shall continue to be subject to succes- sive transfers, at the option of the Holder of the Bond. No service charge shall be made for any such transfer, but the City Clerk may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection therewith. The person in whose name the Bond shall be issued or, if transferred, shall be registered from time to time shall be deemed and regarded as the absolute Holder thereof for all purposes, and payment of or on account of the principal of and interest on the Bond shall be made only to or upon the order of the Holder thereof, or its attorney duly authorized in writing, and neither the City, the City Clerk, the Company, nor the Bank shall be affected by any notice to the contrary. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. The Bond shall be initially registered in the name of the Bank. 11. Amendments, Changes and Modifications to Loan Agreement, Pledge Agreement and Bond Resolution. Except pursuant to Section 9.03 of the Loan Agreement, the City shall not enter into or make any change, modification, alteration or termination of the Loan Agreement, Pledge Agreement, Construction Loan Agreement or this Bond Resolution. 12 . Pledge to Holder. Pursuant to the Pledge Agreement, the City shall pledge and assign to the Bank and its permitted successor Holders of the Bond all interest of the City (other than certain rights to indemnity and repayment of advances and expenses) in the revenues of the Project and the Project Facilities, including all Loan Repayments to be made by the Company under the Loan Agreement and moneys derived from enforcement of the Mortgage. All collections of moneys by the City in any proceeding for enforcement of -6- the obligations of the Company under the Loan Agreement shall be received, held and applied by the City for the benefit of the Holder of the Bond. 13 . Covenants with Holders; Enforceability. All provisions of the Bond and of this Bond Resolution and all representations and undertakings by the City in the Loan Agreement are hereby declared to be covenants between the City and the Bank and its permitted successor Holders of the Bond and shall be enforceable by the Bank or any Holder in a proceeding brought for that purpose, provided that no such covenant, representation or undertaking shall ever give rise to any general liability of the City, its employees, officers or agents or constitute a charge against its general credit or taxing powers. 14. Authorized Representative. The City Clerk is hereby designated as the Authorized Municipal representative for all purposes of the Loan Agreement with full authority to do on behalf of the City all those things required or authorized by the Loan Agreement to be done by action or certificate of the Authorized Municipal Representative. 15. Definitions and Interpretation. Terms not otherwise defined in this Bond Resolution but defined in the Loan Agreement shall have the same meanings in this Bond Resolution and shall be interpreted herein as provided therein. Notices may be given as provided in Section 9.01 of the Loan Agreement. In case any provision of this Bond Resolution is for any reason illegal or invalid or inoperable, such illegality or invalidity or inoperability shall not affect the remaining provisions of this Bond Resolution, which shall be construed or enforced as if such illegal or invalid or inoperable provision were not contained herein. 16 . Certifications. The Mayor, City Clerk, and other officers of the City are authorized and directed to prepare and furnish to Faegre & Benson, bond counsel, to the Company, to the Bank and to counsel for the Company and the Bank, certified copies of all proceedings and records of the City relating to the Project and the Bond, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers ' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. -7- Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1982 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form this day of , 1982 . City Attorney -8- 1xhibit A UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE Commercial Development Revenue Note (Equities Unlimited Project) R-1 $650 , 000 FOR VALUE RECEIVED, The CITY OF SHAKOPEE, MINNESOTA, a municipal corporation of the State of Minnesota (the "City") , for value received, hereby promises to pay to the order of GOLDEN VALLEY STATE BANK, or assigns (the "Holder") , at its principal office in Golden Valley, 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 SIX HUNDRED FIFTY THOUSAND DOLLARS ($650, 000) , or so much thereof as has been advanced from time to time pursuant to the provisions of the Construction Loan Agreement described below, with interest on the unpaid principal balance hereof, at the rates hereinafter provided, 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. Interest on the unpaid principal balance hereof shall accrue at the rate of thirteen percent (13%) per annum from the date hereof until the Amortization Date (hereinafter defined) and for 59 months thereafter. Commencing on the first day of the 60th month following the Amortization Date, and on the first day of each month thereafter until this Note is paid in full, the interest rate on this Note shall be adjusted so that the interest rate shall be equal to 110% of the rate determined by calculating the average municipal general obligation bond yield for the preceding 52 weeks utilizing the column headed "20 G.O. Bonds, " as reported in The Daily Bond Buyer under the heading "Bond Buyer Indexes, Average Municipal Bond Yields - Compiled Weekly" (the "Adjusted Rate") but in no event may the Adjusted Rate be greater than fifteen percent (15%) nor less than eleven and one-half percent (11-1/2%) per annum. In the event that the Bond Buyer Index shall cease to exist, the Holder shall choose a comparable index reasonably acceptable to the City to recompute the Adjusted Rate . If the City fails to consent to the rate chosen by the Holder within 15 days after receipt of written notice thereof, the Holder shall have the right, at its option, to call the unpaid principal balance and accrued interest on this Note for payment on 30 days prior written notice to the City. This Note is payable in installments due as follows : (a) From and after the date hereof until the first day of the month next following the Completion Date (the "Amortization Date") (the term "Completion Date" shall have the meaning given it in the Construction Loan Agreement dated the date hereof [the "Construction Loan Agreement"] by and among Golden Valley State Bank, a Minnesota banking corporation [the "Lender"] , Equities Unlimited, a Minnesota general partnership [the "Company"] and the City) , the City shall pay interest only on the principal that shall from time to time be advanced hereunder . Interest shall accrue from and after the date of each and every advance so made by the Holder and shall be payable on the date of each and every advance so made by the Holder, with a final payment of accrued interest to be made on the Completion Date; and (b) Commencing on the Amortization Date, and on the first day of each month thereafter, the principal balance of this Note, together with interest thereon shall be due and payable in 180 consecutive monthly installments . Each of the first 60 monthly installments shall be in the amount of Dollars ($ ) . Commencing with the 61st monthly installment, the amount of each monthly installment will be increased to reflect any increase in the rate of interest payable hereunder. All principal and accrued interest shall be payable on the 180th month following the Amortization Date. All payments shall be applied first to interest and then to principal. All interest hereon shall be computed on the basis of actual days elapsed in a three hundred sixty (360) day year . In the event the City shall fail to make when due any interest payments or principal and interest payments required under this Note, the interest payment or principal and interest payment so in default shall continue as an obligation of the City until the interest payment or principal and interest payment in default shall have been fully paid with interest thereon at the interest rate borne on the Note. Notwithstanding the foregoing, in the event that the interest on this Note becomes subject to federal income taxation pursuant to a Determination of Taxability as defined in the Loan Agreement dated the date hereof (the "Loan Agreement") between the City and the Company, the interest rate on this Note shall be increased to nineteen and one-half percent (19-1/2%) per annum from the Date of Taxability, as defined in the Loan Agreement to the Amortization Date, and thereafter the Adjusted Rate shall be equal to a rate of interest which is one percent (1%) -2- per annum in excess of the rate of interest from time to time publicly announced by First National Bank of Minneapolis as its prime rate; provided, however, that after a Determination of Taxability, the Adjusted Rate will not be less than nineteen and one-half percent (19-1/2%) per annum nor more than twenty-five percent (25%) per annum. In the event of any change in said prime rate, the rate of interest payable hereunder will be adjusted, if necessary, effective on the date the corresponding change in said prime rate becomes effective. In the event of a Determination of Taxability, the amount of each monthly installment will be increased to reflect any increase in the rate of interest payable hereunder, and the City shall immediately pay to the Holder of this Note and to any prior Holder, but solely from the revenues derived from the Loan Agreement, the aggregate difference between (a) the amounts actually paid between the Date of Taxability and the date of such payment and (b) the amounts that would have been paid to the Holder and any prior Holder during such period at such increased interest rate. If a Determination of Taxability is contested, monthly installment payments under this Note shall continue to be payable at the increased interest rate, but if the contest is successful, the Holder will return to the Company all interest received by it in excess of the interest that would have been paid had no Determination of Taxability been made, provided the Company is not then in default under the Loan Agreement, Mortgage, as hereinafter defined, or Assignment, as hereinafter defined, and the monthly payments will be returned to their original amount. The principal of this Note may be prepaid in part at any time and from time to time on any monthly installment payment date upon payment of a price equal to the principal being so prepaid and accrued interest to the date of prepayment; provided that no more than Fifty Thousand Dollars ($50, 000) shall be prepaid in any calendar year. Any prepayment shall not suspend or reduce required installment payments and shall be applied, after deduction of accrued interest, to reduce the principal portion of the installments due under this Note in inverse order of their maturity. This Note constitutes an issue in the total authorized face amount of up to $650 , 000 . This Note is issued by the City pursuant to the authority granted by Minnesota Statutes, Chapter 474 , as amended (the "Act") , for the purpose of providing funds for a Project, as defined in Minnesota Statutes , Section 474 . 02, Subdivision la, consisting of acquisition of certain improvements thereon (the "Project" ) , and paying necessary expenses incidental thereto, such funds to be loaned by the City to the Company pursuant to a Resolution adopted by the City Council -3- on , 1982 (the "Resolution") , the Loan Agreement and the Construction 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, dated the date hereof (the "Pledge Agreement") , between the City and the Lender, a Combination Mortgage and Security Agreement and Fixture Financing Statement dated the date hereof (the "Mortgage") , given by the Company in favor of the Lender and an Assignment of Rents dated the date hereof (the "Assignment") , given by the Company in favor of the Lender. In addition, the partners of the Company have jointly and severally guaranteed the full and prompt payment of all of the principal of, interest on, and premium, if any, to become due under the Note pursuant to a Guaranty dated the date hereof (the "Guaranty") , given by the partners of the Company to the Lender. As provided in the Resolution, the City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration or transfer of ownership of this Note. This Note is transferable upon the books of the City at the office of the City Clerk by the Holder hereof in person or by its attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk duly executed by the Holder or its duly authroized attorney. Upon such transfer the City Clerk will note the date of registration and the name and address of the new Holder uTr the books of the City and in the registration blank appearing below. Alternatively, the City will at the request and expense of the Holder issue new notes in an aggregate principal amount equla to the unpaid principal balance of this Note, and of like tenor except as to number, principal amount and the amount of the monthly installments payable thereunder, and registered in the name of the registered Holder or such transferee as may be designated by the Holder. The City may deem and treat the person in whose name this Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary . All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Loan Agreement, -4- the Construction Loan Agreement, the Mortgage, the Assignment, the Guaranty and the Pledge Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. If the City should fail to make any monthly installment of interest or principal and interest when due, or if an Event of Default occurs under the Loan Agreement, the Construction Loan Agreement, the Mortgage or the Assignment, then the Holder may at its right and option, by written notice to the City and the Company, delcare immediately due and payable the principal balance of this Note and interest accrued thereon to the date of declaration of such default, together with any attorneys ' fees incurred by the Holder in collecting or enforcing payment of interest or principal of this Note, whether suit be brought or not, and all other sums due hereunder or under the Loan Agreement, the Construction Loan Agreement, the Mortgage, the Assignment or the Guaranty, and payment thereof may be enforced and recovered in whole or in part at any time by one or more of the remedies provided in this Note, the Loan Agreement, the Construction Loan Agreement, the Mortgage, the Assignment or the Guaranty. This Note shall not be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No Holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest or any late charges or premium thereon, nor to enforce payment thereof against any property of the City except the revenues under the Loan Agreement pledged to the payment thereof and the Project should the City ever acquire title to it. This Ana not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the revenues under the Loan Agreement pledged to the payment thereof and the Project should the City ever acquire title to it. This Note, including interest and any premiums on late charges thereon, is payable solely from the revenues under the Loan Agreement pledged to the payment thereon and the property described in the Mortgage and the Assignment pledged to the payment thereof . This Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. However, nothing contained in this paragraph shall impair the rights of the Holder of this Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474 . 11 . The remedies of the Holder, as provided herein, and in the Loan Agreement, the Construction Loan Agreement, the Mortgage, the Assignment and the Guaranty shall be cumulative and concurrent and may be pursued singly, successively or together, and at the sole discretion of the Holder, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. -5- The Holder shall not be deemed, by any act or omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. IT IS HEREBY CERTIFIED AND RECITED That all conditions , acts and things required to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law, and that the Commissioner of Securities and Real Estate of the State of Minnesota has approved the Project as tending to further the purposes and policies of the Act. IN WITNESS WHEREOF, The City has caused this Note to be duly executed by its duly authorized officers and its corporate seal affixed all as of the day of 1982 . CITY OF SHAKOPEE By Mayor (SEAL) Attest City Clerk -6- PROVISIONS AS TO REGISTRATION The ownership of the unpaid principal balance of this Note and the interest accruing thereon is registered on the books of the City in the name of the registered holder last noted below. Date of Name and Address of Signature of Registration Registered Holder City Clerk Golden Valley State Bank 8200 Golden Valley Road Golden Valley, Minnesota 55427 -7- Exhibit B ASSIGNMENT AND PLEDGE AGREEMENT This ASSIGNMENT AND PLEDGE AGREEMENT is made as of the 1st day of January, 1982, between the CITY OF SHAKOPEE, Minne- sota, a municipal corporation in the County of Hennepin and State of Minnesota (herein called the "City" ) and GOLDEN VALLEY STATE BANK, a banking association organized under the laws of Minnesota and having its principal office and place of business in Golden Valley, Minnesota (herein called the "Bondholder" ) . Recitals The City has executed and delivered to the Bondholder its single fully registered Commercial Development Revenue Note (Equities Unlimited Project) in the principal amount of $650, 000, dated the date of delivery, issued pursuant to a resolution adopted by the City Council of the City on January 19, 1982 (the "Bond Resolution" ) . The proceeds of the Bond have been loaned to Equities Unlimited, a Minnesota general partnership (the "Borrower" ) , pursuant to a Loan Agreement dated as of January 1, 1982, between the City and the Borrower. The Bond is payable from and secured by the Loan Repay- ments to be made by the Borrower under the Loan Agreement and the Bondholder, as a condition to the purchase of the Bond, has required the execution of this Assignment. ACCORDINGLY, as authorized by the Bond Resolution and in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, the City does hereby grant, transfer and assign to the Bondholder and its registered assigns of the Bond, all of the right, title and interest of the City in the Loan Agreement and the Loan Repayments of the Borrower payable thereunder (except for the rights of the City under Sections 4.02 (b) , 6 .01, 7.04 and 7 . 05 thereof relating to expenses, indemnity and advances of the City) , and does hereby pledge and grant a security interest in all of its rights in and to the Loan Agreement and all revenues and income arising there- under, all for the purpose of securing the Bond. IN WITNESS WHEREOF, the City has executed this Assign- ment and Pledge Agreement as of the date first above written. CITY OF SHAKOPEE By Mayor (Seal ) And by City Clerk 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 January 18, 1982 Mr. John Anderson Shakopee City Administrator 129 East First Avenue Shakopee, MN 55379 Re: Equities Unlimited IRB's Dear John: I have received and reviewed the following documents dated February 13th, 1982, in the above-referenced bond project. They include the City Council 's proposed Resolution and attachments thereto, the Guarantee with the Golden Valley State Bank, the Assignment of Rents and Leases, the Mortgage and Security and Fixture Agreements, the Construction Loan Agreement, and the Commercial Development Revenue Note between the City and the partnership. I find these documents to be in order for consideration by the City Council and upon Council approval would recommend their execution by proper City officials. Yours very truly, KRASS, MEYER, KANNING & WALSTEN CHARTERED Phillip R. Krass PRK:ph cc Honorable Mayor and City Council Members Ms, Judy Cox, City Clerk i ( v V MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Vacation of Easement in Macey 2nd Addition DATE: January 13 , 1982 Introduction Although a public hearing has already been held on the request for vacation of an easement in Macey 2nd Addition by the HRA, it is necessary to hold it again because proper publication was not given. Background As you will recall , the vacation of the easement has been requested to allow for the construction of zero-lot line twin homes on Lots 3 and 4, Block 3 , Macey Second Addition. The HRA has selected this option for two reasons , 1 ) there is more demand for the two and three bedroom twin homes and 2 ) the large utility easement on the north side of Lot 3 , Block 3 , precludes most single family designs which might be constructed on this lot . The Shakopee Public Utilities ( SPUC) has been contacted regarding their interest in the easement proposed to be vacated, and has no problem with the vacation and their related concerns have already been addressed. Alternatives 1 . Vacate easement . 2 . Do not vacate easement . Recommended Action Offer Resolution No. 1968 , A Resolution Vacating Utility Easements As Described Herein Lying Within Macey 2nd Addition, and move its adoption. JSC/ jms 1' V' 92 96 - L• -- �!', r hl 1 1 ?. 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' N (J JQ '1F i 350 MC M *i Z ao 8 V q NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given to the affected property owners and the public that. the City Council of the City of Shakopee will hold a public hearing on Tuesday, January 19 , 1982 , at 8 : 30 P.M. , or thereafter in the Council Chambers of the City Hall at 129 East First Avenue , to consider the vacation of the drainage and utility easements along Lots 3 and 4 of Block 3 , Macey 2nd Addition , described 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; and 10 feet on the northerly boundary of Lot 4 , Block 3 except the most easterly 10 feet and the most westerly 10 feet thereof to which the City of Shakopee has asserted a claim. All persons interested in the above vacation will be given an opportunity to be heard. Dated this 24th day of December, 1981 . Judith S . Cox City Clerk City of Shakopee CERTIFICATION OF POSTING I , Judith S . Cox, City Clerk of of the City of Shakopee , Minnesota, do hereby certify that I did cause to be posted a copy of the above notice of public hearing on January 4, 1982 , on the bulletin board on the main floor of the Scott County Court House , on the bulletin board in the Shakopee City Hall and on the bulletin board in the lobby of the Shakopee Public Utilities Building. Dated this 4th day of January, 1982 . SEAL • _(/ Oft-At —4 Lik t i (2 IX* 4011!ts, Affidavit of Publication State of Minnesota SS. County of Scott John F. Neel y ,being duly sworn,on oath says he is and during all the times herein Published Notice blisher and printer of the newspaper known as The Shakopee Valley News and has full knowledge of as follows: (1)Said newspaper is printed in the English language in newspaper format and in col- NOTICE OF PUBLIC HEARING equivalent in printed space to at least 900 square inches. (2)Said newspaper is a weekly and is TO WHOM IT MAY CONCERN: :.e each week.(3)Said newspaper has 50%of its news columns devoted to news of local interest to the Notice is hereby given to the af- urports to serve and does not wholly duplicate any other publication and is not made up entirely of fected property owners and the public and advertisements.(4)Said newspaper is circulated in and near the municipality which it purports that the City Council of the City of p0 copies regularly delivered to paying subscribers,has an average of at least 75%of its total circula- Shakopee will hold a public hearing on no more than three •months in arrears and has entry as second-class matter in its local post-office.(5) Tuesday, January 19 1982, at 8:30 ,to serve the(Cit of Shakopee pec in the County of Scott and it has Its known office of Issue In the City p.m., or thereafter in the Council linty,established and open during Its regular business hours for the gathering of news,sale of adver- Chambers of the CityHall at 129 East der the vacation subscriptions and maintained by the managing officer of said newspaper,personsin its employ and First Avenue,to consi n and control during all such regular business hours and at which said newspaper is printed.(6)Said of the drainage and utility easements along Lots 3 and 4 of Block 3 Macey 'y of each issue immediately with the State Historical Society.(7)Said newspaper has complied with 2nd Addition, described as follows: ditions for at least two years preceding the day or dates of publication mentioned below.(8)Said 10 feet on the southerly boundary of kith the Secretary of State of Minnesota prior to January 1,1966 and each January 1 thereafter an af- Lot 3,, block 3, except the most escribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to easterly 10 feet and the most wester- is stating that the newspaper is a legal newspaper. ly 10 feet thereof; and 10 feet on the northerly boundary of Lot 4,Block 3 Notice of Public Hearing except the most easterly 10 feet and es on oath that the printed the most westerly 10 feet thereof to which the City of Shakopee has asserted a Claim, hereto attached as a part hereof was cut from the columns of said All persons interested in the above vacation will be given an opportunity to be heard. printed and published therein in the English language,once each week,for one successive Dated this 24th day of December, 1981. JUDITH S. COX lednesdrty 7_n City Clerk as first so published on the day of City of Shakopee 81 (Pub.•in Shakopee Valley News Dec. . 30,1981) (953) 19 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to 2,both inclusive,and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice,to wit: a bcdefghi jklmnopq rstuvwxyz abcdefghi jklrnnopgrstuvwxyz December 81 Subscribed and sworn to before me this - day of 19 )(-,i- t.o.' a K �� 0k. (Notarial Seal) Notary Public, County,Minnesota .re,"..4.0#44~4144,114.?4,-"AMI as'^ -: IL:._,3 A. KRAMER NO ARY PUBLIC--MINNESOTA 1' My Commission Expires 19 . SCOTT COUNTY ;ti;.`,` My Commission Expires May 7,Me ,,o-, "'- i • RESOLUTION NO. 1968 T A Resolution Vacating Utility Easements As Described Herein Lying Within Macey 2nd Addition WHEREAS , the Housing and Redevelopment Authority in and for the City of Shakopee , as developer of Macey 2nd Addition, has requested the vacation of certain drainage and utility easements in this plat , to facilitate construction of a zero-lot line , twin homes on Lots 3 and 4, Block 3 , and WHEREAS , it has been made to appear to the Shakopee City Council that the drainage and utility easements along Lots 3 and 4 of Block 3 , Macey 2nd Addition, described 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 ; and 10 feet on the northerly boundary of Lot 4, Block 3 except the most easterly 10 feet and the most westerly 10 feet thereof will serve no public use or interest , and WHEREAS , the Council has set a date for a public hearing at which time to consider said vacation and due notice of the hearing has been given, as prescribed by law, and WHEREAS , all persons desiring to be heard on the matter were heard at the public hearing in the Council Chambers in the City of Shakopee , and WHEREAS , the Council has been fully advised in all things . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That it finds and determines that the vacation, above described , is in the public interest and serves no further public need , 2 . That the drainage and utility easements described above are hereby vacated. 3 . That , after the adoption of this resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. BE IT FURTHER RESOLVED that Resolution No. 1949 is hereby repealed in its entirety. Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1982 . Mayor of the City of Shakopee ATTEST: (7k) MEMO TO: John K . Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: Ad Hoc Energy and Transportation Committee DATE: December 22 , 1981 Introduction The City Council formed an Ad Hoc Energy and Transportation Committee in May of 1980 , but the Committee has never been appointed due to lack cf citizen interest . City Council should determine if the existence of this Committee should be promoted at this time. Background In Resolution No. 1615 ( copy attached) the Energy and Transportation Committee was established. The resolution outlines in a general way the tasks and structure of the Committee . As established the Commit- tee existed for a one year time period only, so the Committee is now defunct . The Mayor promoted the Committee through a newspaper article . Unfortunately, only one person responded to the call for members to volunteer their efforts . Therefore the committee became defunct before its membership was established. The person who expressed interest last year (and is still willing to serve ) is John Hynes . He is a Shakopee resident who works for the Minnesota Environmental Quality Board , which considers questions of power plant siting. He is particularly interested in district heat- ing and waste recovery systems . His background and interest make him well suited to serve on this Committee. The question now is whether to once again establish the Committee and solicit members , and how the solicitation should be undertaken. It appears that a straight newspaper solicitation is not enough. Perhaps a coordinated effort involving newspaper solicitation, contacting; applicants for other City commissions , personal contact by Council- members of likely candidates and contacting the League of Women Voters would be successful . Alternatives 1 . Reestablish Committee and once again solicit members . 2 . Drop the proposal to have ar, Energy and Transportation Committee . Recommended Action Direct staff to amend Resolution No. 1615 tc call for the continua- tion cf the Ad Hoc Energy and Transportation Committee for an additional one-year period and initate the process of soliciting rremhers . JA/jms MLMO TO: John K. Anderson City Administrator FROM: Jeanne Andre Administrative Assistant RE: Senior Center DATE: January 14, 1982 Introduction Leroy Houser, who now represents the City of Shakopee on the Senior Task Force (problem-solving group at Highrise), has received an informal request that the City consider paying a portion of the salary of the current Senior Center Director, employed by Scott County to work at the Shakopee Senior Centers. Background The request received by Mr. Houser is related to proposed cutbacks in the Scott County budget. The current Director works two days each week, one at the 1st National Bank Building and one at the highrise. The proposed budget would cut her position to half of the previous level. (It is unclear when this cutback is scheduled to occur). The estimated cost to the City is quoted by Mr. Houser as $25.00 per day or $100.00 per month. This would appear to total $1,300.00 on an annual basis. Mr. Houser recommends the City grant this request as the program is worthwhile and the Director does an excellent job. He also cites a precedence whereby, the City of Savage picks up $2,300.00 annual cost to fund a Senior Center Director at this time. While I agree with Mr. Houser that the current Director does an excellent job and the service provided is worthwhile to Shakopee Seniors, I feel more information is needed to decide whether to take on this new service at the City level. This is a policy issue which goes beyond the $1,300.00 requested now and into the question of whether the City wants to provide this type of service, and if the County network is the best means to provide it. If the City Council wants to consider this request for funding from the General Fund, I think it should be considered in February (after the State has acted on its budget problems), when the Council considers budget revisions in 1982. A formal inquiry should be made now to the Scott County Administrator to obtain the following information: 1. A formal request for funds which indicate the amount of funding requested, the period of employment covered and procedure recommended for transfer of funds. w John K. Anderson January 14, 1982 Senior Center Page -2- 2. Background information on the proposed cutback, including when it is to be instituted and how it would affect the services provided by the Senior • Center Director to Shakopee Seniors. Specifically, if the Director is to work one rather than two days per week, how would her time be divided between the two centers in Shakopee. 3. Assurance that the County indeed plans to cut back all Senior Centers and not just solicit funds from municipalities to sponsor some centers and use the savings to allow other centers to retain the previous level of service. 4+. The City may also wish to negotiate with the County to request that County dollars provided for senior centers be pegged to population, tax-base of the municipality or a similar guidepost which would relate the tax dollars provided by Shakopee citizens to the level of service the County provides. Such a formula might justify a higher level of service for Shakopee relative to other communities in the County. 5. What (if any) control would the City maintain over its contribution? It is best to negotiate accountability and control at the start of a cost-sharing arrangement. Based on my experience with the cooperative agreement between the City and the Scott County HRA, it is more difficult to secure greater accountability after-the-fact. The City may also decide that the service could be better provided through the Scott-Carver Economic Council, the Highrise management or Community Services. Alternatives 1. Turn down the request to fund a portion of the Senior Center Director's salary, and ask Mr. Houser to convey this decision to the Senior Center Director. 2. Seek further information on the proposed cutback and request for funding from the County Administrator, to consider with other budgetary decisions in February. 3. Agree to fund one-half of the Shakopee Center Director's salary, up to a maximum of $1,300.00 per year, and direct the City Administrator to make appropriate arrangements for this cooperative agreement. Recommended Action I recommend that the City Council move to seek further information on the proposed Scott County cutback of service for the Shakopee Senior Center from the County Administrator, to be considered by the Council with other budgetary decisions in February. JA/jiw 3 A E ) JAN 61982 CITY OF SHAKQPEk• TO: John Anderson FROM: Lou VanHout RE: Well #6 Inspection & Staking Costs DATE: 1-5-82 Introduction: Request for approval of additional costs for inspection and staking of Well #6. Background: The construction of Well #6 is a part of the K-Mart Tax Increment Project. The Utilities Commission is administering this job and payments of construction costs are authorized by City Council acting on behalf of the HRA. On June 16, 1981, City Council authorized Schoel and Madsen Inc. to perform inspection and staking services on this project at the estimated amount of $3,270.92. In the attached letter of 12-28-81 from Schoell and Madsen Inc. , they are requesting approval of additional costs. The reasons for these additional costs are contained in that letter. Recommendation: The Utilities Commission considered the letter and voted to foreward it to City Council with recommendation for approval of additional costs in the amount of $2,433.99 for inspection and staking by Schoell and Madsen Inc. to bring the total amount authorized to $5,704.91. WILLIAM j). SCHOELL CARLISLE MADSON JACK T VOSLEP, JAMES R ORR HAROLD E DAHLIN LARRY L. HANSON SCHOELL & MADSON, INC. JACK E GILL THEODORE D KEMNA -NV ENGINEERS, SURVEYORS, PLANNERS JOHN W EMOND AND SOIL TESTING KENNETH E ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55243 GERALD L. BACKMAN R. MARK KOEGLER December 28 , 1981 Shakopee Public Utilities Commission c/o Mr. Lou Van Hout, Utilities Manager 1030 East Fourth Avenue Shakopee, Minnesota 55379 Subject: Water Supply Well No. 6 Contract No. 81-1 KT Gentlemen: In our May 27 , 1981 , letter (copy attached) we presented our estimated costs for inspection and staking on the subject project of $2 , 667 . 92 and $603. 00 , respectively, for a total of $3 , 270. 92 . The costs incurred to date consist of $4 , 031. 46 for inspection and $1, 447. 25 for staking, for a total of $5, 666. 21. The increase in the staking costs resulted from two changes in the project. The first, the addition of the blasting for the watermains and drainlines in Change Order No. 1 required staking. The second, the deletion of the temporary discharge piping required additional surveying to check if the water could be accommodated by over-land flow and to stake the required ditching. The additional inspection costs resulted primarily from the amount of time spent on the project during the test pumping of the well. This was a critical phase of the well construction and the time spent was necessary to document the Contractor ' s time and keep abreast of the well development. As the well development took more time than originally anticipated, the inspection time also increased. A considerable amount of time was also spent in communicating and coordinating the test pumping with the people farming the adjacent property. 0 SCHOELL MADSON.INC. Shakopee Public Utilities Commission c/o Mr. Lou Van Hout, Utilities Manager Page Two December 28 , 1981 We anticipate an additional 10 hours of inspection at a cost of $226 . 20 will be required to complete the project. The total anticipated cost for the entire project would therefore be $5, 704. 91, as compared with the, $3 , 270. 92 originally estimated. We are requesting approval for these additional costs. An invoice will be sent later for the costs which are approved. We will be available to further discuss this matter if you have any questions. Very truly yours , SCHOELL & MADSON, INC. KEAdolf:mkr agez enclosure WILLIAM SCHOELL CARLISLE MAOSON JACK I vOSLER lk JAMES R ORR HAROLD E DAHLIN LARRY L HANSON SCHOELL & MADSON. INC. JACK E GILL THEODORE O KEMNA ENGINEERS ANO SURVEYORS JOHN W EMOND KENNETH E ADOLF WILLIAM P ENGELHARDT R SCOTT HARRI (6121 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 GERALDL BACKMAN May 27, 1981 /rPfek'�, cL) if -S. Shakopee Public Utilities Commission Pe`_... c/o Mr. Lou Van Hout, Utilities Manager 1030 East Fourth Avenue Shakopee, Minnesota 55379 Subject: Inspection for Water Supply Well No. 6 and R bi) 'kon'o,(v �. NQS f5" Gentlemen: As requested, enclosed is our proposal schedule for inspection of Well No. 6. "<, a;0. pr sed tfts, th apprdgr• ate itefns ) inspected :off` t reh ?i to n 5X.,11K1 1v . , Our estimated costs for these services are as follows: Well No. 6 Inspector 88 hours @ $22. 34 $1,965. 92 Senior Inspector 18 hours @ $39 . 00 702 . 00 Total Estimated Cost $2 ,667. 92 W�1 . No\5 Ins /J ctor 44 ours @ $2 34 98 = . 'Senior Ins¢etor v 9 rs @ 9 .'Q0 35 40 0 ‘1' i of Esti ed Cost $1 - . 96- In • 96In addition, we estimate that nine hours of surveying time would be required to stake the location of Well No. 6 and cross section the settling basin before and after construction to determine the volume p —san one removed. The estimated cost at $67. 00 per hour "s $603. 00. Te s°dncls v one ume ' CSuri5 ha oZ� � ete ed i tea !i`m`ated st b SCHOELL & MADSON, INC. ," Shakopee Public Utilities Commission c/o Mr. Lou Van Hout, Utilities Manager Page Two May 27 , 1981 We would be happy to discuss the proposed schedules if you have any questions. Very truly yours, SCHOELL & MADSONN,,p INC. KEAdolf:mkr -e-s G-/G/1 enclosure INSPECTION SCHEDULE 1 Water Supply Well No. 6 1. Insure compliance• with project Specifications and AWWA Well Specification .A100. 2. Insure Contractor' s compliance with permits - blasting, water- shed district, etc. 3. Liaison between Engineer, Contractor and Client. 4 . Insure casing conforms to Specifications for diameter, wall thickness , grade, lengths and record weld locations. 5. Insure correct location of tailings pit and disposal. 6. Field check formation, materials and formation depths. 7. Confirm drillers records and samples. 8. Prepare progress reports for payment and well construction records. 9. Record and witness development time (hourly rates) ; blasting, bailing, air surging, etc. 10. Insure proper grouting; method and material. 11. Compute casing alignment and witness tests. 12. Witness and record test pumping for gpm, yield, static level, drawdown and recovery rates. 13. Insure proper erosion control. 14. Take and deliver samples to lab. 15. Verify pump , motor, bowls, column and shaft with shop drawings and insure proper installation. 16. Test and insure compliance with Health Department criteria for disinfection and bacteria test. 17. Expedite proper clean-up and restoration. MEMO TO : John Anderson City Administrator (- FROM : H. R. Spurrier City Engineer RE : Prior Lake/Spring Lake Wa ershed District DATE : January 4, 1982 Introduction : When the final draft of the Joint Powers Agreement with the above-referenced watershed district was made, a typographical error was made in Section 4.05 (b), that section pertain to the position of the gate which diverted waters into Deans Lake from the Prior Lake overflow. Background: After this matter was called to my attention and after checking with legal counsel, it was recommended that a formal amendment be made to the Joint Powers Agreement addressing this particular correction. A correction has been drafted by Bryce D. Huemoeller and is attached hereto. This amendment makes no change in the Joint Powers Agreement but corrects the drafting error. Action Requested : A motion directing proper City officials to execute the original and three copies of an amendment to the Joint Powers Agreement between Prior Lake/Spring Lake Watershed District, City of Shakopee and the City of Prior Lake. HRS/jiw Attachment 7 I � BRYCE D. HUEMOELLER e 4`I``re ATTORNEY AT LAW CST 0 �j�0 P.O. BOX 87 • ' i 18870 FRANKLIN TR.S.E. • J / PRIOR LAKE, MINNESOTA 55372 1612)447-2131 ` PAUL H.THOMSEN • ASSOCIATE December 29, 1981 Mr. Bo Spurrier, City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: Prior Lake-Spring Lake Watershed District - Lake Outlet Project, #WD 76-4 (Joint Powers Agreement) Dear Mr. Spurrier: At the request of Bruce Paterson, the district ' s engineer, I am enclosing for your review and the execution by the Mayor and City Administrator the original and three copies of an Amendment to the Joint Powers Agreement correcting the drafting error contained in Section 4. 04 (b) . Please contact me if it will be necessary for me to appear before the council to explain the necessity for the amendment. Otherwise, if you could have the Mayor and City Administrator execute the original and all copies of the Amendment and return them to me, I will have them executed by the City of Prior Lake and return an executed duplicate to you for your records. Please call me if you have any questions or if there is any additional drafting necessary. Sincerely yours, Bryce D. Huemoeller BDH:j d Enclosures • AMENDMENT OF JOINT POWERS AGREEMENT AGREEMENT, made and entered into by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation, ( "PRIOR LAKE" ) ; the CITY OF SHAKOPEE, Minnesota, a municipal corporation, ( "SHAKOPEE" ) ; and the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, Prior Lake , Minnesota, a political subdivision of the State of Minnesota, ( "WATERSHED DISTRICT" ) . WHEREAS , the parties hereto are all of the parties to a Joint Powers Agreement , dated on the 2nd day of June , 1981 , filed for record in the Office of the Scott County Recorder on the day of , 19 , as document number , relating to the Watershed District ' s implementation of a project , identified as the "Lake Outlet Project , Number WD 76-4" , to construct an artificial outlet for Prior Lake for the purpose of draining water from Prior Lake and transporting such water to the Minnesota River; and WHEREAS , Section 4 .04(b) of the Joint Powers Agreement contains a "scrivener ' s error" that occurred during the typing of the final draft of the Joint Powers Agreement and which consists of the omission of a word which materially changes the meaning of Section 4. 04( b) in a manner contrary to the intention of the parties ; and WHEREAS , the parties hereto desire by this Agreement to amend the Joint Powers Agreement to correct the foregoing drafting error. NOW, THEREFORE , in consideration of the mutual covenants hereinafter contained, the parties hereto agree that Section 4.04( b) of the aforementioned Joint Powers Agreement shall be, and hereby is, effective on the date hereof, amended to read as follows : " (b) The normal position of the Dean' s Lake diversion structure gate ( that is, the position of the gate during times that water is not being released from Prior Lake) shall not direct the flow of runoff through Dean' s Lake. Neverthe- less , the Watershed District agrees to comply with reasonable requests by Shakopee to divert normal runoff through Dean' s Lake ; provided, however, that such request shall be made to the Watershed District in writing and shall be accompanied by the Agreement of Shakopee to indemnify and hold the Watershed District harmless from any liability for loss, damage and cost , including without limitations reasonable attorney' s fees, resulting from the diversion of runoff through Dean' s Lake pursuant to the request of Shakopee . " It is further agreed that all other terms and conditions of the aforementioned Joint Powers Agreement shall remain the same unless otherwise amended or modified by written instrument signed by all of the parties hereto . IN WITNESS WHEREOF, the parties hereto have executed this Amendment of Joint Powers Agreement on the day of 19 CITY OF PRIOR LAKE BY ITS AND ITS CITY OF SHAKOPEE BY ITS AND ITS PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT f: BY , j (',. . AND 1'. /TS STATE OF MINNESOTA) ) ss . COUNTY OF SCOTT On this day of , 19 , the foregoing Amendment of Joint Powers Agreement was acknowledged—Uefore me by and , the and , respectively, of the City of Prior Lake, a municipal corporation, on behalf of said corporation. Notary Public -2- 7 STATE OF MINNESOTA) ) ss . COUNTY OF SCOTT ) On this day of , 19 , the foregoing Amendment of Joint Powers Agreement was acknowledged—before me by and , the and , respectively, of the City of Shakopee, a municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA) ) ss . COUNTY OF SCOTT ) On this -i day of b_'Se.F , 19E. `co , the foregoing Amendment of Joint Powers Agr eme t s ac nowledged-Tefore, me by pi y(1.-_ci ,;�-L=. and z2 , 1,r�� , they if and Vi,..<>c{,1Q,,,ic , respectively , of the Prior La e-Spring Lake Watershed District , a political subdivision of the State of Minnesota, on behalf of said district . r . , •` JULIE ANN DEUTSCH (, r AVV\ ` -�''�1-€ NOTARY MAX.MMNrEspTA Nota y P ud i s SCOTT COUNTY My Commission Expires May 2.1/!A - THIS AMENDMENT WAS DRAFTED BY: Bryce D. Huemoeller Attorney at Law 16670 Franklin Trail SE P.O. Box 67 Prior Lake , MN 55372 ( 612 ) 447-2131 -3- VLY +1 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of , Minnesota, as follows: is hereby designated as a director of the Suburban Rate Authority, and is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1982 and until their successors are appointed. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ) I , the undersigned, being the duly qualified and acting Clerk of the City of hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the City Council of at its meeting on , 198 , as the same is recorded in the minutes of the meeting of such council for said date , on file and of record in my office . Dated this day of , 198_ City Clerk (SEAL) City of CA MEMO TO : John K. Anderson/City Administrator // FROM: Judith S . Cox/City Clerk RE: Establishing a New Time for Council DATE : January 15 , 1982 Introduction: In response to your question, the City Code does set the time for Council meetings at 7 :30 p.m. A new ordinance could; however, be adopted changing the time . Background: Should Council desire to start Council meetings at 7 :00 p .m. , I am wondering if they wish also to start HRA meetings at 6 :30 p.m. Sometime ago, Council procedure was to start HRA meetings at 7 : 30 p .m. and then commence Council meetings thereafter. Because interested citizens would come to a Council meeting at 7 :30 and the meetings often wouldn ' t start until 8 :00, Council decided to conduct HRA meetings a half hour prior to Council , so the public was not misled on just when the Council meetings did convene. Alternatives : 1] HRA at 7 :00, Council at 7 : 30. 2] HRA at 6:30, Council at 7 :00. 3] Council convene at 7 :00, recess immediately (agenda would alert public ) to hold HRA meeting and reconvene when HRA business is completed. Recommendation: Alternative No. 3 appears to be a compromise . It will permit Council to start considering business at 7 :00 whenever there is no HRA meeting and also will not require Council to meet as the HRA at 6: 30 when meetings are scheduled . Recommended Action: If Council so chooses direct staff to prepare an ordinance amending the meeting time for commencement of Council meetings to 7 :00 p .m. JSC :cu , MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Erosion Control in Horizon Heights Park Areas DATE: January 15, 1982 Introduction The Soil and Water Conservation Districts have a grant program which pays up to 75% of project costs called "Cost-Share Assistance". The City of Shakopee has several erosion problems that might qualify for the program that are of concern to the City Engineer and so I contacted our district office to explore the pos- sibilities. Background I called the District to discuss the City's erosion problem in Horizon Heights, believed by the City Engineer to be most critical, to determine if it would be an eligible project. After discussing the matter, we decided that there was some potential, but that the site would have to be inspected in the Spring when the snow is gone. In the interim, the District suggested that we complete preliminary application froms so that we will have our project placed on their 1982 project list. The forms attached are: (1) District Cooperator Agreement and (2) Minnesota Soil and Water Conservation Board Cost-Share Assistance Contract. Alternatives 1. Wait until spring until the City knows more about the potential project before submitting even the preliminary application forms. 2. Submit the forms now with a report to Council in the Spring on the scope and cost of the project. 3. Drop the idea altogether. 1 Summary We do not have an estimate of the scope of the Horizon Heights project or its potential cost, that will have to wait until Spring. The program, however, is informal as grant programs go and staff recommends that we get on their 1982 list now (alternative No. 1) . The City can easily back away from the program this Spring after the site is inspected by the City Engineer and the District's Engineer. Baring other appropriate places to obtain the City's 25% of the project cost, the City could use its Park Reserve Fund for a small project. Action Requested Authorize the appropriate City staff to execute the Minnesota Soil and Water Conservation Board's Cost-Share Assistance Contract for the Horizon Heights Erosion Project and the District's Cooperator Agreement. JKA/jms � r NA-03081-01 f ,�.J (Form 17 Revised) July, 1978 DISTRICT COOPERATOR AGREEMENT City of Shakopee S229 hakopee, Mnst e 55379 (Address) • January 12 , 1982 (Date) Scott Soil and Water TO: Supervisors of the 107 Water Street , Jordan, Mn 55352 Conservation District, (Address) We are interested in developing and conserving our soil, water, vegetative and related resources. In order to properly plan, apply and maintain the needed resource conservation and development practices, we request your assistance on the following land: in (acres) (Description or Location) We understand that this assistance is contingent upon staff assistance available by the district and in conformance with its policies and priorities. This agreement will stay in effect until we or the district cancel it in writing. Signed by:__— — • (Title) Signed by: (Title) Date: -- (Home Telephone) (Business Telephone) APPROVED BY: (Supervisor) Date: - • (Form furnished by the Soil and Water Conservation Board) NA-03088-02 (SWCB-3) MINNESOTA SOIL AND WATER CONSERVATION BOARD Rev. 8/79 COST-SHARE ASSISTANCE CONTRACT Contract Number 14 (81-82) F Individual or Group Contract Priority Contract Number Signed with ASCS No — TO: Supervisors of Scott _ Soil and Water Conservation District (Mr. John Anderson) FROM: * City of Shakopee , 129 E . 1st Ave . ,_ Shakopee, Mn 55379 (Land o,` �pier) (Address) Acres in cooperators agreement" _ Section:_ —Township District/group cooperator agreement signed (Date) I (we), the undersigned, do hereby request cost-share assistance to help defray the cost of installing the CS practices as listed below. It is understood that: 1. CS Practices Installed with Cost-Share Assistance Shall Be Properly Maintained. If the proj- ect is removed, or modified, during their minimum effective life (lQjears) without consent of the Soil and Water Conservation District, the land occupier shall be liable for monetary damages, not to exceed the amount of financial assistance he received from the district. If title to this land is transferred to another party before expiration of the aforementioned effective life, it shall be the responsibility of the land occupier who signed this contract to advise the new owner that this contract is in force. 2. Practices must be planned and installed in accordance with technical standards and specifications of SCS/SWCD_ 3. SCS/SWCD technician must make prior determination that the practices are needed on the site where they are to be installed, and that they are properly planned and installed. 4. Items of cost for which reimbursement is claimed on form SWCB-6 are to be supported by vouchers for payments and are to be verified by the district board as practical and reasonable. 5. An increase in the practice units and/or cost must be approved by the district as a condition to increases in cost-share payments. 6. This contract, when approved by the Soil and Water Conservation District, will remain in effect unless cancelled by mutual agreement, except that if installations of practices covered by this contract have not been started by _(date), this contract will be automatically terminated on that date. 7. Practices will be installed by __.________.__ (date) unless this contract is amended by mutual con- sent to reschedule the work and funding. The CS Practice for which cost-share assistance is requested is as follows: Practice Type requested Amount requested Cost estimate (1) Storm Water Control System Signed: — (2) --._i (Date) (Land occupier) J (Address) Signed: — — (Date) (Owner) (Address) Technician's Certification — Need and Estimate of Cost I have viewed the site where the above listed practices are to be installed and find that they are needed and that the estimated quantities and costs are practical and reasonable. Practice Type Needed Amount needed Cost estimate (Other comments may be included on attached sheets.) (3) (Date) (Technician) (4) SWCD action on cost-sharing not to exceed $ on the basis of %. (5) Approved by: --- (Chairman, Soil and Water Conservation District) (Date) (6) From SWCB-6: $_ — Authorized for payment (7) Approved by:_ — (Chairman,Soil and Water Conservation District) (Date) If a group contract, this must be filed and signed by group spokesperson as designated in the group agreement. "*If a group application, acres in group cooperators agreement. SCOTT SOIL AND WATER CONSERVATION DISTRICT 107 Water Street lordmr, Mlnneu>tn i�'iil telephone(612 49, Y63, January 13 , 1982 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS Mr . John Anderson City of Shakopee 129 East 1st . Ave . Shakopee , Minnesota 55379 Dear Mr. Anderson : Enclosed is an application for state cost-share assistance and a District Cooperator Agreement . In order to qualify for state cost- share funds , the landowner must be a cooperator . This agreement merely states that you are requesting assistance on your property and we are authorized to give you the needed information, if avail- able . vail- able . Please fill out the two foLms and return to us as soon 'as possible . We would appreciate knowing approximately when the city would wish to start construction, as we will need to fill in the dates on lines 6 & 7 . Thank you. Sincerely , ] / A A7 J-itti_t/t _ M. Duffy District Clerk Encls . • ,,. JAN 1. 3 1932 CITY OF S AKO?cc AN EQUAL OPPORTUNITY EMPLOYER MEMO TO: Mayor and City Council 91\0 ( FROM: John K. Anderson, City Administrator RE: Copier Lease DATE: January 15, 1982 Introduction The City has leased a Savin 600 Model copier with collator for two years. That lease ends February 15, 1982. As we have done with other leased equipment, staff has investigated the possibility of a purchase so that we could change a monthly General Fund lease expense into a one time capital equipment expense from Revenue Sharing. Our current lease is $493.58 per month plus supplies. Proposals Key features in the proposals were speed, reduction capabilities (we currently spend $28/month plus staff time for County reductions), automatic front to back copying, 20 bin collator, autotrons for billing departments and type of paper (plain or coated) . See attached chart. Decision Questions 1. Will the City's copying needs change much in the next 2 years? Probably not. 2. Will there be a significant change in equipment available in the next 2 years? Probably not, there is only the Xerox 5600 at $32,755 or $930.75/month with new features over the last several years. 3. How much benefit will the City recognize from more speed, front to back copying capability and reduction? Some benefit. 4. Should the City be making a long term or short term decision? This is the toughest decision, after discussing it, staff feels it should be short term. Alternatives Based upon the answers to questions 1-4 above the alternatives are: 1. Continue to rent the Savin 600 at $444.22/month with copy costs of $.01 per copy, but with a 2 year rental agreement. Supply costs will run $.01 per copy. 2. Negotiate a purchase of the Savin 600 estimated to be $6995 with supply costs of $.O1 per copy and a 2 yr. maintenance agreement of .012 per copy or $240/mo. at 20,000 copies. The break even point for the City is 27 months when com- pared to current rental costs. The machine will also have a 2 yr. replacement guarantee. 3. Continue to rent the Savin 600 at $468.90/month on an annual basis. Recommendation Staff recommends Alternative No. 2 with a two year Maintenance Agreement which is less than an annual agreement. Savin representative, Jerry Dulgar, has also indicated that they have a new jell process that can be put in our machine for $300-1000 to allow plain paper copying. This process will be available by summer. This will also cut $250/month from the General Fund or $3000 for 1982. 1 ti oc+ c' -' ...--N�\�\r. CD 0 t CD co 3 U) tom] C] (D O O N O O fD p l 3C V r CD c+ `n W R) H .Q O P P O P C HO 'd m H• 'd Hd H.b co Hd c+P .'d c+ 0 3 H' co CX H. �• H. H. CD 3 H.'d 'd 0 `C O H. cC O 0 H• H Hi 3 c+ H. CD o 0 U) U) N Eil X H H 'O (D P c+ (D H c+ H c+ c+ • o H. 3 3 IP HO P) 'd Hi P P) CD ti O 3 Cn (D Cn H. (D H. 'i cn 'i 3 CD ) P (D c+ Oq H 3 c+ H• C C 0 0 'i X H. CD 0 - () i CD H.'d o CD Hi Oq c+ > O CX c+—. CD N H. H. 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SUBJECT: Vacation Benefits DATE: Jan. 18 , 1982 INTRODUCTION This memo is in response to the Administrator ' s recommendation to terminate vacation benefits mentioned in Doug Reeder 's memo dated Jan. 12, 1977 . BACKGROUND The conversion of excess sick leave days to vacation days was available to all City employees in the early '70 ' s. However, most City employees were not eligible for this benefit because of their lack of longevity. This benefit was negotiatei_.away...evgntually by union negotiations and was replaced by other added benefits resulting from those negotiations. The only two employees who were eligible for these benefits and were not involved in the Union negotiations were former Chief R. G. "Pat" Thielen and myself. That is why Mr . Reeder elected to negotiate with us and reach a compromise to reduce the 6 eligible SL/Vacation days down to 3 days of SL/Vacation. This compromise was agreed upon by Chief Thielen and myself, however, Chief Thielen has since retired, leaving myself as the only City employee affected by this agreement initiated by Mr. Reeder. The agreement, as proposed by Mr. Reeder, was put in writing and placed in my personnel file to insure me that this agreement wouldn't be terminated,at a later date, by someone who didn't agree with the compromise. I 've always considered this agreement as an exception to Res. 1008 , referred to by Mr. Anderson, because of its ' uniqueness, because it' s not common procedure to cite exceptions in the wage resolutions. The agreement with Mr . Reeder was negotiated a full year after Res . 1008, giving thought that it was indeed . intended to "water down" a unique vacation benefit earned by two long term employees-who were,. at• the time, willing to accept a reduction in benefits to be more in line with the remainder of the City employees. It is somewhat disheartening to find that his successor, through his interpretation of Res. 1008, would like to terminate an agreement, which was negotiated in good faith, by his predecessor. I 'm not asking the Council for restituition of the original 6 day vacation formula of converting sick leave to vacation leave, only to honor the agreement as negotiated by both parties as a compromise. I 'm also requesting Council to direct staff to suggest a vacation plan for long term employees with excess of 20 years of servide to the City, possibly from 20 to 25 years, and 26 to .30 years of longevity. ACTION REQUESTED 1. Adjust my vacation leave by adding the 3 days per year, as negotiated, from 1978 through 1981. They weren' t used because these vacation days were never entered into the computor because the computor operator was never aware of these benefits, nor aware of the. 'agreement. I wasn' t aware that they hadn' t been awarded to me because I have never used all of my vacation time during my tenure with the City. This shouldn 't, however, be used as a reason to take the benefit away from me. 2. Request Council to direct staff to honor the compromise as proposed by Mr. Reeder in his memo dated Jan. 12, 1977 . 3 . Request Council to direct staff to review and propose a vacation plan for long term employees, not affected by Union negotiations, from 20 to 25 years, and from 25 to 30 years of longevity. After consulting neighboring communities on this matter, I 've learned that hardly any of these communities have many benefits for employees over 20 years of longevity. MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Public Works Director' s Vacation Benefit DATE: December 31 , 1981 Introduction The attached memo dated January 12 , 1977 established Jim Karkanen' s sick leave conversion program when the program, established by Resolution No. 1008 (attached), was eliminated in 1978 . Problems We have several problems with the January 12 , 1977 memo from Doug Reeder : 1 . The 3 days of extra vacation were not picked up on our records because they have to be entered manually which means we have to go back to 1978 and credit Jim with the additional 3 days per year. 2 . The old conversion program called for a possible conversion of up to 6 days and that was reduced to 3 days in Mr. Reeder ' s January 12 , 1977 memo. Jim received a copy of the January 12th memo when it was typed. 3 . It appears that Resolution No. 1008 had a lid or maximum number of vacation days ( 20) that could not be exceeded even if an employee had additional sick leave conversion days . 4. The conversion formula was specifically set at 2 days of unused sick leave ( after 100 day accumulation) for 1 day of vacation. Should this policy be maintained or should we authorize a flat 3 day conversion as implied in Mr. Reeder ' s January 12 , 1977 memo? Recommended Response to Problems 1 . I recommend that the City credit Jim Karkanen with the additional 3 days vacation per year from July 1978 to December 31 , 1981 as specified in the memo. 2 . Jim Karkanen has allowed the reduction from a 6 to a 3 day con- version since the decision was made . I recommend the City not reopen this issue 4 years later and Jim has not asked to have it reopened. 3 . Mr. Reeder told me that he was unaware of the maximum 20 day vacation lid and it had never been involked; however, the City had only two employees with enough longevity to fall into this category. I recommend that the maximum 20 day vacation lid be used as originally intended in Resolution No. 1008 and that it be reinstituted January 1 , 1982 thus eliminating Jim Karkanen' s additional 3 day conversion of sick leave since he now earns the maximum 20 days vacation per year. This will eliminate the last employee under this old program. RK Public Works Director' s Vacation Benefit Page Two December 31 , 1981 4. Problem #4 will be resolved if the recommendation in #3 above is implemented. Alternatives 1 . There is probably no way to individualize old personal issues to everyones satisfaction. What the recommendation above does is gives Jim Karkanen the 3 days of converted sick leave from 1978 to 1982 as outlined in the memo from Doug Reeder. It then stops the effect of that memo January 1 , 1982 by employing a clause in the original sick leave conversion program. 2 . A second alternative to this approach would be to give Jim the full 6 day conversion factor ( computed on the two to one conver- sion basis for unused sick leave) thus ignoring Doug Reeder ' s January 12 , 1977 memo and keeping Jim completely under the policies as set forth in Resolution No. 1008 including the 20 day maximum as of July 1 , 1978 which is the first year Jim began earning 20 days of vacation and thus reached the maximum under this alternative . Jim would receive no additional vacation days because he was at the 20 day vacation maximum July 1 , 1978 . 3 . A third alternative would be to continue with Doug Reeder ' s January 12 , 1977 memo since neither Jim or Doug, when drafting it , envisioned that it would be terminated. Recommendation I recommend alternative #1 as outlined in the "Recommended Responses to Problems" . It would be difficult to go back and reconstruct the conversion data needed for alternative #2 , and alternative #2 ignores Doug Reeder ' s memo of January 12 , 1977 altogether, while alternative #3 gives away something ( 3 days ) that wasn' t intended as I understand Resolution No. 1008 ' s 20 day maximum. Action Requested 1 . Direct staff to adjust Jim Karkanen' s vacation leave by adding 3 days per year from 1978 through 1981 , and then to terminate all use of the sick leave conversion program. 2 . Direct staff to survey the vacation schedules in the metro area to see if other cities have regular vacation programs that allow employees to earn more than 20 days after 20 to 25 years . JKA/jms MEMO. TO: Jim Karkanen FROM: Douglas S. Reeder RE: Employee Benefits DATE: January 12 , 1977 In regard to recent changes in the administrative code of Shakopee , you are hereby advised that your benefits will be as follows . VACATION You will receive 15 days vacation per year and be allowed to convert accrued sick leave for an additional six days vacation per year. This will allow you a maximum of 21 days vacation per year assuming that your sick leave accrual stays above the required minimum. Effective July 1 , 1978 you will have 15 years of service with the city and you will then be eligible for 20 days vacation per year and the maximum conversion sick leave of an additional three days per year giving you a total maximum possible of 23 vacation days per year. This would remain in effect as long as you work for the city unless the vacation benefits are changed. At that time your individual benefits will be reviewed. ALL OTHER BENEFITS Same benefits as the other unorganized city employees . DSR/jsc RESOLUTION NO. 1008 K_ A RESOLUTION AMENDING THE ADMINISTRATIVE CODE OF THE ` CITY OF SHAKOPEE TO MAKE CERTAIN CHANGES IN EMPLOYEE ��� BENEFITS d WHEREAS , the City Administrator has recommended that certain changes be made in the Administrative Code of the City of Shakopee , and WHEREAS , these changes will be beneficial to the City of Shakopee and the City Employees , and WHEREAS , the City Council has reviewed these proposed changes and finds that they are in accordance with the goals and objectives of the Employment Policy of the City of Shakopee Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following changes shall be made in the City of Shakopee Administrative tode : 1 )Section 101 .34 shall be amended to read as follows : 101 . 34 SICK LEAVE . All Group II and Group IV employees shall accuttnulate sick leave at the rate of one day per month. Sick leave may accrue at the rate of 12 days per year to a maximum of 100 days . After the accumulation of 90 days of sick leave , one-half day per month will be credited to vacation and the other one-half day to sick leave. AFter 100 days accumulation, one-half day per month may be added to vacation time . eln IN ACCORDANCE WITH THIS POLICY, AN EMPLOYEE MAY ACCRUE VACATION t TIME ANNUALLY IN ADDITION TO THE ANNUAL ACCRUAL SCHEDULE SET �� p/�`� FORTH IN SECTION 101 .33 OF THE CITY OF SHAKOPEE ADMINISTRATIVE rio CODE EXCEPT THAT AN EMPLOYEE SHALL NOT ACCRUE ANNUALLY VACATION TIME IN EXCESS OF THE HIGHEST ANNUAL ACCRUAL RATE AS SET FORTH IN SECTION 101 .33 OF THE CITY OF SHAKOPEE ADMINISTRATIVE CODE. 2) Section 101 .33 shall be amended to read as follows: 101 . 33 VACATIONS . Vacation leave shall be earned by Group II and Group IV employees only at the rate of two-and-one-half days for every three months of continuous employment for the first ten year' s service ; at the rate of three and three-quarters days for every three months of continuous employment to and including fifteen year' s service ; and five days for every three months of continuous employment thereafter. A MAXIMUM OF ONE HALF OF THE ANNUAL VACATION ALLOTMENT AS ESTABLISHED IN THE ABOVE SCHEDULE MAY BE CARRIED BEYOND DECEMBER 31ST OF ANY YEAR. ALL ACCRUED VACATION IN EXCESS OF THIS MAXIMUM SHALL BE STRICKEN FROM THE ACCRUED RECORDS AND BE LOST. An employee who is separated for any reason shall be paid for any accumulated vacation leave , provided however, that should an employee resign without giving two weeks written notice , and except for reasons of ill-health, he .shall forfeit his right to accumulated vacation. ir-- 10000* 3) Section 101 .44 shall be amended to read as follows: x>:_ 101 .44 INSURANCE COVERAGES. HOSPITALIZATION, MAJOR MEDICAL AND LIFE INSURANCE COVERAGES SHALL BE PROVIDED TO ALL GROUP II EMPLOYEES , AND ALL GROUP IV EMPLOYEES AFTER 30 DAYS OF CONTINUOUS SERVICE, WITH THE CITY PAYING A MINIMUM OF $65 TOWARD THE .TOTAL COST OF THESE COVERAGES FOR THE INDIVIDUAL EMPLOYEES AND THEIR DEPENDENT COVERAGE PREMIUMS. Adopted in adjourned regular session of the City Council of the City of Shakopee , Minnesota, held this 21st day of December, 1976. Mayor of the City of Shakopee ATTEST: ci clE Approved as to form this al day of December, 1976. (1)7124eLA" tiAj City Att nd`r ey �. 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N 0 0 0 0 0 O �. i .. 0 N W 0 O O O 0 O O H Co In N `•C) — 0, LD W W V O O N r- CT', .L� O O - W O O CZ � w r� ro Cn() n n w 0 H O rt rt 0 O O rt ° W h' Cl) 1''1 Cn cn Cn 1-' h' ct Hi (n cr 0' En H H n 20 C O C F- r• o = = o0 `-'• a 0 0 0 00 M M n b a CD �) Cn croP 0A (C) cn i 6 6 '•d F-• �C7 r- r x x p rXX- X gy1 rt C rt ' w Ert M 2 • • Go '(D D N o O :.4 rf 0 rt r• WN M M H O I- 1- '1 C mi I I n rt cr CT Cn 7,1 Cl) r' _ a'G r• cr w c w (D n o 0 (i)rD x M n 'Z7• C b rt a C) rC ro ru a = = r• (o r) 0 m rn U) U o rt o ' o • CT CO In N V . n co cr, V CO W r-• r-• r'' N f\.i JC r-• ---.1 0 V 0 CO v co H. V .--- O _r- O O 0 - _ O 0 4- 0 t� W 0 O 0 0 O 4- .D 1/40 1/40 1/40 .D .D CO (9 n W W W N N N N N 'A 7C N) r- 0 .D CO v' -N 0 co o I . I .. 'r'•7"» Nrlige •,('777, fi7: %,44111111111111111111 -7'.. &4�"a3 $ '�•::. 0 17.,....c.' /I o MEMO TO: Mayor and City Council FROM: John K. Anderson City Administrator RE: Car Allowances DATE: January 14 , 1982 Introduction The 1982 Budget was prepared without any provisions for car allowances for the City Administrator or Chief of Police , because the City is purchasing City vehicles for 1982 . Problem There is going to be a one-month gap before the new vehicles arrive and there is no budget authorization for Finance to pay one months car allowance. Alternatives 1 . Authorize payment of a pro-rated car allowance until the delivery of the new vehicles . 2 . Do not pay a car allowance for the approximately one month between the termination of the car allowances and the delivery of the new City vehicles . mm n Reco e d The Chief of Police and I , of course , recommend Alternative No. 1 . The payment should be charged to the division' s budgets for 1982 , with the adjustments made when the budget is reviewed in late February. Action Requested Authorize the payment of pro-rated car allowances to the Chief of. Police and City Administrator from January 1 , 1982 to the date of the delivery of the new vehicles at $200 per month. JKA/jiw /D-1 MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Interfund transfers - Capital Purchases DATE: January 13, 1982 Request Council approve the following interfund transfer. This transfer is within the total budgeted amount although the item was not specifically listed in the Revenue Sharing Fund budget for 1981. It is in the Park Department budget for 1981. Park Department - Plow LaHass $1,000.00 Action: Move to approve transfer of $1,000.00 from the Revenue Sharing Fund to the General Fund. GV/ljw vim MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Cigarette Licenses DATE: January 12 , 1982 Introduction In May, 1981 , City Council considered an application for a cigarette license for an apartment complex. Council denied the application and directed staff to research and make recommendations on criteria to be used in considering applications for the next licensing year. Background In checking with the City Attorney, neither the City Code nor the State Law addresses to whom or where cigarette licenses may be issued. He did add, however, that the Council may deny an applica- tion for a license for a just reason. In checking with six other communities , it appears that they too have no guidelines or policies regarding the issuance of cigarette licenses . Over the past ten years , I am not aware of any applications for a license where there was any reservations , with the exception of the application received last spring. Alternatives 1 . Status quo ; staff will continue to issue cigarette licenses to applicants who sell a product at retail or provide a service and where there is personnel around much of the time . 2 . Amend the City Code limiting to whom a license can be issued, i . e . a. A tobacco license shall not be issued to a person whose premises are being utilized as residential . b. The purchasing of cigarettes shall be in full view of personnel operating the premises where a license is being considered . Recommendations As long as Council has the prerogative to deny issuance of a license for a just reason, I have no problem with the status quo. Although the City Code does not specifically state the Council shall approve each application for a cigarette license , as provided for liquor , beer ; pool tables , etc . , the City Attorney advised me that it would be in order for the Council to authorize the City Clerk to issue cigarette licenses for 1982 . Recommended Action Authorize the City Clerk to issue cigarette licenses for 1982 . (No need to list . ) 1982 Tobacco Licenses /6 (Applications Received) 82-1 Shakopee Bowl 222 E. 1st Marlene Berg 82-2 R. Hanover , Inc . 911 E. 1st Richard Hanover 82-3 Torn Thumb 409 E. 1st JoAnne Pauluk 82-4 Rock Spring Supper Club 1561 E. 1st David Rigger 82-5 Cleve ' s Red Owl . 828 E. 1st Richard Cleveland 82-6 Juba ' s Super Valu 1100 Minnesota Valley Richard Juba Mall 82-7 Clair ' s Bar 1.24 So. Holmes Virginia Sheffer 82-8 Roberts Drug 814 E. 1st John Vander Aarde 82-9 Riverside Liquors 507 E. 1st Peter Capesius 82-- 10 Boron ' s Super Market 123 W. 2nd Mr. Berens 82-11 Dick ' s Service Station 936 E. 1st Gwen Raduenz 82-12 H&H Sports DBA Sport Stop 101 So. Lewis Terry Hennen 82- 13 Koehnens Standard 804 E. 1st Lester Koehnen 82-14 Abelns Bar 220 W. 2nd Margaret Abeln 82-15 Eastman Drug 214 So. Holmes Keith Eastman 82-16 Drug King DBA Snyder ' s Drug1128 Minnesota Valley Janet Snyder Mall 82-17 Jim & Lucy ' s Inc . 201 W. 1st Jim Rein 82-18 American Legion Post #2 1266 E. 1st W. Kopisca 82-19 Holiday Stationstores 444 E. 1st Jean Robertson 82-20 VFW Club 132 E. 1st Cynthia Anderson 82-21 Hennen ' s ICO 807 E. 1st J. E. Hennen 82-22 Valleyfair 1 Valleyfair Dr. T,eK .aS,tuermer Coca-Cola 82 23 Warner True Value 1570 Hwy 101 Teri, .Stuermer Coca-Cola 82-24 Southside Mechanical 234 W. 1st 82-25 Happy Chef 1120 E. 1st Thomas Frederick 82-26 Perkins Cake & Steak 1205 E. 1st Bob Zia 82-27 Raceway Park Rt 1 , Box 1074 Duane Hentz 82-28 Brooks Superette #28 615 Marschall Road Keith Carlson 82-29 1 & 44 Liquor 8576 Hwy 101 Marlys Klein 82-30 Wampach ' s Inc . 126 West 1st Lola Mensing 82-31 K-Mart Minnesota Valley Mall T. Veglahn 82-32 Friendly Folks Club 122 E. 1st Arnold Theis 82-33 K-Mart Distribution Center 901 County Road 83 Mary- Hallgren Twin- City--Vending 82-34 North Star Auto Auction RR 1 Mary--Hallgren Twin City- Vending (D U . 82.-35 Dairy Queen 835 W. 1st Wallace Jenkins 82-36 Superamerica 1155 E. 1st Steve Daniel 82-37 Cy ' s Standard Service 312 W. 1st Cy Sames 82-38 Pullman Club 124 W. 1st Daniel Colich 82-39 Merchants Hotel 221 E. 2nd Carol Moore Valley Liquors 1st Avenue Cleaners ' Opera House Stagecoach CD a► MEMO TO: Mayor and City Council FROM: John K. Anderson City Administrator RE: 1982 Salary/Richard Cheever DATE: January 14, 1982 Introduction During the process of writing up the formal. 1982 payroll auth- orization, Linda Willemssen noticed a discrepancy with regard to the 1982 hourly rate for Richard Cheever. Problem Mr. Cheever ' s 1981 hourly rate was $8. 87 . According to Appendix A (dated December 11 , 1981 ) of the Public Works Union Contract , his hourly rate would be $8 . 75 . This represents a pay cut of $ . 12 per hour. Mr. Cheever ' s service date is March 26 , 1979 . Based on the 1982 salary schedule , Mr. Cheever would be eligible for the 36 month rate of $9 . 72 per hour ( $8 . 87 + . 85 = $9 . 72 ) , on March 26 , 1982 , which would be the same 85 cent increase his co-workers received. Alternatives 1 . Keep the current pay scale . 2 . Adjust Mr. Cheever ' s pay for four months until he fits the new pay scale . Summary and Recommendation It was not management ' s intent to cut Mr. Cheever' s pay for four months from January 1 , 1982 to March 26 , 1982 . This four month cut was missed by management and the Union when the new wage scale was adopted for 1982 ; staff recommends Alternative No. 2 . Action Requested Adopt a motion authorizing an hourly wage rate of $9 . 72 per hour for Richard Cheever from January 1 , 1982 to March 26 , 1982 at which time he will be paid an hourly rate in accordance with Appendix A (dated December 11 , 1981 ) , of Local No. 320 ' s Contract with the City of Shakopee . JKA/jiw / 1ay consulting engineers diversified inc. Main Office: P.O. Box J,Osseo,Minnesota 55369(612)425-2181 South Office: 8500 210th St. W., Lakeville,Minnesota 55044 (612)469-3881 January 4, 1982 Mayor Eldon Reinke 3071 Hauer Trail Shakopee, MN 55379 Dear Mayor Reinke: I would like to take this opportunity to introduce you to Consulting Engineers Diversified, Inc. We are a consulting engineering firm that specializes in providing municipal engineering services throughout the Twin Cities area and the state of Minnesota, to communities such as yours. As you begin the "New Year", you and your fellow city council members will be reviewing city contracts for professional services. As you go through that process this January, we would appreciate the opportunity to be considered as your engineering consultant. We feel we have much to offer in the way of experience and expertise in the areas of municipal improvement projects and their financing. Enclosed is a copy of our company mini-brochure. We would be happy to provide a formal presentation on CED's background and capabilities at your January meeting or at any other convenient time. Respectfully submitted, CONSULTING ENGINEERS DIVERSIFIED, INC . cuzz Michael A. Schoenecker Director of Business Development MAS/dn Enc. P .S . I trust you and your family had a most happy holiday season and wish you the best in the new year. civil • municipal • planning•environmental • land surveying•geotechnics•waste treatment