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HomeMy WebLinkAbout02/15/1983 r y41 • MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: February 10 , 1983 1 . Attached is a letter from Rod Krass to Jerome Jaspers listing the current status of City litigation. If you have any ques- tions please contact me. 2 . Attached is the County' s response to our billing of services for implementing the 911 emergency phone number. I believe we have made our point after talking to Joe Ries about his letter of February 1 , and think it would be detrimental to continue our efforts to press for payment of the bill . Joe suggested that this subject might also be discussed at the Mayor and Administrator ' s meetings with the County and town- ship boards . If I do not hear from any Councilmembers by Tuesday evening T will drop the request for payment and simply bring the item up at the Mayors and Administrators meeting. 3 . Attached is a copy of a letter from LeRoy Houser, as Building Official , to Mr. Clete Link regarding the code requirements that he has not yet met as part of the garage he constructed for Mr. Pudil , 937 East 4th Avenue , when we vacated Prairie Street . This information is provided because Mr. Houser has now issued a tab charge against Clete Link for his failure to comply with the City Code . 4. Attached is LeRoy Houser' s response to the Department of Health' s recommendations regarding the City' s water system. I have talked to Lou VanHout , who has a copy of LeRoy' s recommendations , and Lou has indicated that SPUC will take LeRoy ' s suggestions under advisement as they themselves address the Health Department ' s recommendations . 5 . Attached is a memo from LeRoy Houser regarding hazardous waste site selection. I asked LeRoy for this list of concerns so that I could forward them to Dean Colligan, who is our liaison with the Waste Management Board. Councilmembers having concerns about the items on the list should talk to Dean or contact me . When reading the list you should know that items 1 through 8 relate to a dump site and the Shakopee site located in the Industrial Park does not qualify for a dump site ; therefore , LeRoy' s second list of 9 items are the most pertinent . 6 . Attached is a copy of the Springsted Incorporated newsletter for the month of February , 1983. 7 . Attached is a copy of the CSAH 18 Newsletter regarding the public hearing to be held on Tuesday, March 22 , on the County Road 18 bridge. If you have the evening open I encourage you to attend this public hearing. . Non-Agenda Informational Items Page Two February 10 , 1983 8. Attached is a brochure announcing a program for elected officials and managers . Contact Judy if you are interested in registering for this program. 9 . Attached is the Building Activity Report for the month ending January 31 , 1983. 10. Attached are the minutes of the December 6th and January 10th meetings of the S . P.U.C. 11 . Attached is a letter from August B. Dellwo, Jr. The City Engineer addressed the last sentence in paragraph 3 on page 4. Bo will be intercepting the storm water to the south to avoid the kind of problem we have had with the West Side Storm Sewer. Also attached is a copy of my letter to Mr. Dellwo. 12 . We do not have the complete mill levy breakdown for 1983 but the chart below shows the impact of the three major taxing jurisdic- tions . Since tax bills may be sent out shortly I thought Council- members might like to be armed with this info. ' 82 ' 83 County 39 .046 36 . 736 City 19 . 145 18 . 770 School 52 . 380 62 . 390 110. 571 117 . 896 13 . Attached is a copy of a letter I sent to Paul Wermerskirchen, I .C .C. Chairman. 14. Attached are the Board of Adjustments and Appeals and Planning Commission minutes of February 3 , 1983 . 15. Attached is a copy of a memo from the V.F.W. inviting you to a Kick-Off Party on Sunday, February 13 , 1983 , at 2 : 00 p.m. 16 . Attached is the Revenue and Expenditure Report as of 1/31/83 . 17 . Attached is the agenda for the February 24, 1983 Energy and Transportation Committee meeting. Law Offices of / KRASS, MEYER, KANNING, & WALSTEN Chartered Phillip R. Kress Barry K. Meyer P.O. Box 218 Philip Shakopee, Minnesota 55379 T. Kea Trevor R.Walston n February 7, 1983 Mr. Jerome Jaspers Attorney at Law 206 Scott Street Shakopee, MN 55379 Re: City of Shakopee - Audit as of December 31, 1982 Dear Mr. Jaspers: At your request, we have examined our records relative to matters for which we represent the City of Shakopee and which may affect the City's financial condition. Such matters and our appraisal thereof are as follows: 1. The City is a named Defendant in litigation instituted by Vincent H. Bakken for the foreclosure of a Mechanic's Lien in the amount of $17,044.00 on Lot 29. Block 2, JEJ Second Addition. We have determined that the City was named as a party defendant only because of a Developers Agreement filed against this property. The City is not involved financially in this matter and will be uneffected by the outcome of this litigation which we have declined to defend. 2. The City has instituted litigation against William Chard and others for the collection of certain special assessments the City claims are due and owing immediately as a result of the City granting a building permit to property located in Eastview Addition. Irrespective of the outcome of the litigation, the City will not be financially impacted since the issue is whether or not the assessments must be prepaid as a result of the issuance of the building permit or whether the assessments will be paid in the normal fashion with each year's real estate taxes. 3. The City has had a claim made against it by Minnesota Body and Equipment Company as a result of the City's proposed location of a frontage road along Highway 101. The frontage road is a flip frontage road set to the rear of Minnesota Body and Equipment Company and that corporation claims such placement will deny their customers direct access from Minnesota State Highway 101. It is actually the Minnesota Department of Transportation which is requiring closure of this corporation's present immediate access to Highway 101, and we are attempting to determine whether or not the State will assume respon- sibility financially for any loss claimed by this corporation. Litigation has not commenced, and I have no opinion as to the outcome of such litigation should it be commenced. I Mr. Jerome Jaspers Page 2 February 7, 1983 4. The City of Shakopee has made demand upon Mr. Loren Habbegger and Mr. Harold Wetterlin for the amount of $10,441.25 relative to costs incurred by the City in connection with Halo First Addition in the City of Shakopee. Demand has also been made against Citizens State Bank of Shakopee on a letter of credit issued to support that development. The City has not yet been paid and may be required to institute legal action to collect said amounts. I would expect the City to prevail in such action. 5. The City has commenced litigation against Ladder Towers, Inc. , and others relative to certain negligence in the construction, maintenance and reno- vation of fire eluipment purchased by the City of Shakopee. The City's claim is $7,550.63, and if the City prevails, would receive up to that amount. 6. Air Products, Inc. , has appealed assessments levied against its property in the amount of $11,367.16. This matter is presently in litigation and should Air Products be successful, the public improvement project in question may have to absorb some or all of the amount assessed. The City's general fund should remain unaffected by this action. 7. Shakopee Sand and Gravel Company has appealed an assessment levied against its property in the total amount of $30,463.33. Should this appeal be successful, the public improvement project in question will have to absorb an amount up to the amount of the Appellant's assessment. The general fund of the City should remain unaffected by this action. 8. Axel Newman Heating and Plumbing Company has commenced legal action against the City of Shakopee contending that the City owes it an additional amount of at least $75,000.00 as a result of its contract with the City of Shakopee for the placement of certain sewer and water lines along County Road 16. Should said Plaintiff be successful, the City of Shakopee would have to pay out an amount unknown at this time and the City might be required to attempt to assess said amount against benefitted property owners. If unsuccessful in said assessment, the City's general fund may have to absorb these costs. 9. Carl G. Lindstrand and Richard A. Grayson have commenced an appeal of the assessment levied by the City against certain property they own located on County Road 16. If successful, this public improvement project would have to absorb some or all of Appellant's assessment reductions. The general fund of the City should remain unaffected by this action. Our office does not represent the City of Shakopee in any other actions, filed or pending. Please keep in mind that the City does have general liability insurance and that carrier may be involved in some litigation of which this office is unaware. Thank you very much. Yours very truly, KRASS, MEYER, KANNING & WALSTEN CHARTERED PRK:ph Phillip R. Krass cc Mr. John C. Anderson • OFFICE OF THE ADMINISTRATOR SCOTT COUNTY COURT HOUSE 110 111111111111 (". SHAKOPEE, MN. 55379-1382 (612)-445-7750, Ext.100 JOSEPH F. RIES Administrator February 1, 1983 BARBARA NESS Administrative Asst. Mr. John K. Anderson Shakopee City Administrator 129 East First Avenue Shakopee, MN 55379 Re: Statement for Services; 911 ETS Dear John: The attached statement of services (No. 0583) from the city in the sum of $4,334.50 and dated January 19, 1983, was forwarded to me by Jon Westlake with no explanation beyond that appearing on the statement except a brief reference to the county-wide address grid system project. I am returning Invoice No. 0583 unpaid with my request for clarification of the services for which the county is being billed. If indeed this statement relates to services contributed to the development of the Address Grid System, the county is in no position whatsoever to honor it. While in the process of developing the Address Grid System we did invite the participation of local units of government as well as other agencies, at no time was there a commitment on the part of the county to pay for services provided by other parties to this effort. This was clearly a joint effort to develop a county-wide address grid system for the mutual benefit of all local units of government within the county and to con- form to the requirements of law. I would appreciate an opportunity to discuss this with you in detail. Sincerely, Oor ," 7 Ji.e• F. Ries , Administrator Encl. (1) cc: (w/encl. ) Commissioner Mertz Jon Westlake, Planning Dir. Lt. Al DuBois RECEIVED File: Address Grid System JFR:bn FEB 21983 CITY OF SHAKOPEE. An Equal Opportunity Employer CITY OF SHAKOPEE ; N 2 0 1983 129 East First Avenue Shakopee, MN 55379 INVOICE 612/445-3650 To: Scott County Planning Department Scott County Courthouse No. O 5 8 3 428 South Holmes Shakopee, MN 5;179 Date January 19, 19 83 CITY OF SHAKOPEE ENGINEERING DEPARTMENT SERVICES FOR THE 911 EMERGENCY TELEPHONE SYSTEM COORDINATION: 1982 and January of 1983 Technician II 191.5 hours @ $19.00 $3,638.50 Secretary 58 hrs. @ $12.00 696.00 TOTAL AMOUNT DUE $4,334.50 "Payable upon receipt of invoice" Please return yellow copy with remittance. Please make checks payable to City of Shakopee. "1/m 280' /It; _ 0__i_ ‘7,1viv if aii.974- . ws__ CO-2-CLQ t�!'QN N ot---4(4 C /� cf f c-(/ Zao 17,,/ corp- w, 1/ _ B u - - /94/ WIC2, G e-pu-e.e/ '19.0 ?-}/— y /Pi / ii CITY OF SAKOPEE �,.:.. ; :. INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 September 13 , 1982 Mr . Clete Link Cletus Link Const . 223 Holmes Street Shakopee , MN 55379 Re : Fire Door - 937 E. 4th Dear Mr. Link, The condition of permit 5474 issued to you for the construction of the attached garage on 937 E . 4th Avenue was the project on comple- tion had to comply with all state and local building codes . To dal , vett have not ct)mpl 01 0(1 1110 pr() ject . You ;11.i• 10(1111 10(1 I ci provide a I hour rated door between the garage and dwelling unit . The owner of this property contacted the City on 9/10/82 to in- quire as to the status of the installation . Please consider this letter a formal non-code compliance warning and abate the condition within ten days ( 9/23/82 ) or we will have to issue a tab charge . Sincerely , LeRoy Houser Building Official l,H : cu cc : Clarence lr II 4' ,r r ( / I' roar s s V a ! I t' rl An Equal Opportunity Employer CITY OF SHAKOPEE 3 INCORPORATED 1870 $.047 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 r r } January 10, 1983 Mr. Clete Link 12831 Link Drive Jackson Township Shakopee , MN 55370 Dear Mr. Link, It is by this letter you are hereby ordered to complete the Clarence Pudil garage as per the terms of the conditional use issued to you by the Shakopee Planning Commission . The condition of the permit was for completion of the project as per building code requirements . To date , you have failed to pro- vide one hour separation between the dwelling and garage . As per Table 5B of the Uniform Building Code , you are required to close all openings in the separation wall with one hour construction and in- stall a door that will qualify. We expect this work to be completed no later than January 20, 1983 , or I will issue a tab charge . Your cooperation is requested . Sincerely, ) ll ` ` <C A ' LeRoy 1luuser Building Official LH : cau cc : Clarence Pudil, Central File ✓,.G/ , An Equal Opportunity Employer 3 FROM: Shakopee Police Dept. NO. TO: Scott County Court Shakopee, MN 55379 The undersigned, being duly sworn, upon his oath deposes and says: On 6/25/82 ; 9/13/82 ; 1 /10/83 _ at A.M. /P.M. NAME: Cletus Link ADDRESS: 12831 Link Drive Jackson Township DATE OF BIRTH: -- DRIVER' S LICENSE NO. _--------- AUTO LICENSE NO. did unlawfully commit the following offense: CHARGE: Failed to comply with Sec . 503-D( 4) of Shakopee City Code ( Fire wall occupancy separation LOCATION OF VIOLATION: 937 E. 4th Avenue , Shakopee , MN OFFICER' S SIGNATURE: COURT APPEARANCE: I promise to appear on the above date and time at the Scott County Court House , 428 South Holmes St. Shakopee , MN. DATED: -- -- MEMO %Is Anderson/ City TO: John K. Anderson/ City Administrator FROM: LeRoy Houser/Building Official RE : Utilities Buildings DATE: January 25 , 1983 I have reviewed the report from the Dept . of Health regarding the City wells and pump station buildings . I find them nebulus and without conviction. First , the inspection sheets are entitled recommendations . Nowhere is there an indicated order; it appears these are preferred items . However, in the spirit of cooperation lets analyze the list . 1 . Well #1 , according to my information, is in the flood plain and will require flood proofing. The transformer at well #1 is not a P.C. B. transformer according to SPUC. 2. The air release valve for well #2 is being repaired. 3. They say the flouride feed point should be relocated. They don ' t say it has to and utilities says it won' t make any difference in the function or safety aspect of it so they won' t relocate it . 4. A backflow preventer is being installed. 5. They state the door to the well house should swing out . Code does not require it . However, it will be changed. 6 . All chlorine cylinders and pressure lines will be segregated from the pump house . 7. An inspection window will be installed and switches for lights and fans will be located outside of the building. This is not required by code . 8. Utilities will implement a routine hydrant flushing program. It is now done based on need as they see it . 9. Utilities will purchase new respiratory equipment meeting the requirements of N. I .O.S .H. 10. A cross connection surveillance program is in effect and in- cludes everything in their list except items C and D. 11 . Two employees attend training sessions on a regular basis . I always have trouble with officials inspection reports when directions are prefaced with "you should" . It usually indicates there is no legal basis for enforcing these items . LE:cau 41144c.i, CITY Off" SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 VOW • i t April 1 , 1982 Mr. Pudil. 937 East 4th Shakopee , MN 55379 Dear Mr. Pudil , Listed below are the code requirements relating to attached garages that will have to be complied with before we can final out building permit number 5474 secured for your attached ,garage . 1 . Provide one hour firewall between garage and dwelling. 2 . Close up all openings in wall (windows ) . 3 . Provide solid core or metal clad service door between dwelling and garage . Failure to comply with minimum code standards is deemed a mis- demeanor and is subject to prosecution. Your cooperation is respectfully requested . Respectfully , ,L(Y 1i . LeRoy Houser Building Official LH : cu l itc llcr / o / Pr ,l r , I ,t I I An Equal Opportunity Employer *' INSPECTION REPORT *:: Tiii rei "-....!'''r.'*;, O A T E � �L�s�`"_ TIME f g''''' a } a S ,� * JOB LOCATION . _-_. `.- - -__ _- ite/L-€ � JOB DESCRIPTION CLL ' _-__ — f 0-11-� k g-kt a - - — ,' kxs "d �yc OWNER OF RECORD _ xn ) .af7aCe"r. — rS° s +, .-i'''', k �, CONTRACTOR 4.111b. 0. i L — ,+ of!. PERMIT NO. ( N i F I ) ON SITE INSPECTION (DESCRIBED AS FOLLOWS) r, , ' & ° z` iw. cul 'EF • - 4rl �y 4 *,,,,,-,, -,,,.:Ai'-.t;'„'-.*....q ',II 4 �1 � ,r ,, ktk',7ft,20, i1r...t....,„,„9... _1.„,ri,,...„.t. _ cL /1-41-4,_ lI ' i;flo 2) ON SITE INSPECTION REVEALED FOLLOWING CONDITION; :tx ` , + ; ' 1 ❑ FULL COMPLIANCE . tt 4*Isgf� +e; " a:, - SUBSTITUTION OR DEVIATION =�4-,Z` 'i �'{< �ti' ❑ C - NON-COMPLIANCE, BUILDER WILL COMPLY WITHOUT DELAY w!, + :, 1 ❑ 0 - NON-COMPLIANCE, BUILDER DOES NOT INTEND TO COMPLY " F> , 0 E - CONDITIONAL CERTIFICATE OF OCCUPANCY ISSUED BUT A COMPLETION OF CERTAIN IMPROVEMENTS WILL BE DELAYED BY CONDITION(S) BEYOND CONTROL OF CONTRACTOR f!. ---, 3) I T E M I Z E by,p _ -rio/ JQLca -,,�1 k�Owu-�_ � � z , k .- „ii)4,/,',,:,14',A144.,,i? fi� k � � b e K M 4,°' ��:. 4) REMARKS � ', ," X04 '• --- — — '' 411 :.;)‘-li%- ..' , . (:-.i' -e__C.‹) -el , r= ,. SIGNATURE OF CONTRACTOR OR REP k '` `r, .,...65-Q,; . Q • SIGNATURE OF BUILDING INSPECTOR • "Ty D 0 B Q 4 t V E iy p �Ny'�,Y F - - f, ag A '' 'TPF 5 F .1 , . ^. t ., .:t `N, ,' . ,,7t 1P � rt r � rA >s ' .4141. t° °'4 x' - " " ; pS, (1.'41 ak'4 " ,•.; � t* i ' , Y � 4r 141,1. ',...:-.%,...-'rr��,,_ 5 a•aE ,r ;y • m ,s " 1•,,;„t‘,,';',.:gI `.,' l • 7' ,� y . ade +ii+ 't 1 � t..aa oP ,' ,�<i � , , �s .. ? 4,; 4 a Gfi iY ".4 ''� ,' 61,+ k " b`+ ' r• ',,,vi a t �- ''' in " w e � , „ '*'il",11ii!'' t, , ,a'°I ,'i41 i ,dk 1 vi" ! �,,,' , �}} a`! 1 94; ° drS +r, ,i � Uf {-rt r+;taa ' ¢ tiP s w. a , ' � t� 1 4'� „ ,t ° ,4F",d1 , r air c t �e ' a� t. ,ej t e 1 .. ; tr '.14°,1-0:,:31„,,"-N: ti y ,3y� ¢ ',.' ,11'..F . # '" � 0. 1,2'044,44 � ro w, y1„,,,„ t,,r , e,...,:,,,, ,fix "" �" a, e ,t_x { ., � i 5 MEMO TO: John K. Anderson/City Administrator FROM: LeRoy Houser/Building Official RE: Hazardous Waste site selection and related concerns DATE: February 2 , 1,983 You- asked me to voice some concerns I have relating to using Shakopee as a dump or transfer site for hazardous waste or incinerator site. I will address the dump site concerns first . 1 . Traffic and routing to the site from the generators . 2 . Permability of the soil at the site and liner stabilization. I know of no material that could line the holding area that would not be subject to expansion and contraction, resulting in cracking the liner. If there is one with enough elasticity to counteract these forces , then it would be susceptible to burrowing animals . The net result would be a leaky liner. 3 . Part of concern no. 2 could be counteracted by solidifying the material before it is placed in the storage area . 4. Does our fire dept . have the training and equipment to handle a fire of the proportions that would possibly occur? My gut reaction is no they are not and do not . So the second part of the question is who will pay for additional equipment and specialized training? 5 . Where is the closest spill recovery unit and what is their response time in case of an accident in route to the site? 6. Has anyone given a thought as to what measurement of damages may occur to the adjacent properties both psychological and physical? I can see extreme market resistance of properties being within viewing distance of the disposal site or operating private wells within the area of the same water table . From the physical stand- point , leaking and leaching is eminent and can and does take place both vertically and horizontally. 7 . Evidently we are not going to have any regulatory authority as far as the actual operation of the facility goes , yet we will be ex- pected to provide emergency response services in the form of equip- ment and man power, all without the benefit of local police powers or taxing authority. How will we pay for it? Should we be made to pay for the cost of storing a disproportionate share of the waste actually used and generated by our tax payers? 8. Will they make any attempt to neutralize the materials before storing? They should. Regarding an incineration site , most of the concerns previously stated also apply. However, I feel considerably more comfortable with in- cineration then with on site storage. Under competent ownership and operation it is the only final solution to the hazardous waste disposal problem. The only areas of concern I would be concerned with are : 1 . Competent ownership and operation. 2 . Routing 3 . Inventory control 4. The actual physical components of the plant ; type construction (earth sheltered) , fire protection, location, topography, blow- out panels , etc . John K. Anderson Hazardous Waste site selection Page -2- 5. Spill recovery capabilities 6 . Local police powers 7 . Stack and temp. control ; (operation) 8. Location of the facility 9. Because of inversion in the valley, this would probably be the last choice for an incinerator. These are my concerns for what they are worth. LH:cau ,, rA THE S-I LETTER .. . M MN Municipality `w � Volume I, Issue 2 February, 1983 FEB 1 1933 Bond Registration CIT' OF s ° Due to the efforts of a number of people, including many of you, the lame duck 1982 Congress did pass legislation delaying the effective date of mandatory registration until July I, 1983. President Reagan signed the bill including the registration delay on January 12th. While nothing is certain when trying to predict future action by the Feds, it does seem unlikely that additional delays in registration will be considered. As a result it can only be hoped the industry will gear up to permit an efficient movement to registered bonds. For those of you who must issue bonds sometime in 1983 and wish to avoid registration you should remember that it is the settlement of an issue which must occur before July I, not the sale date, if the bonds are to be exempt from registration. Since a safe margin between sale and settlement is 30 days, a sale must be held before June 1st to reasonably assure settlement before July 1st. Market Conditions The original January I, 1983 threat of registration did accomplish one thing, it cleared a crowded market, since record numbers of issuers took advantage of lower rates and brought a record volume of bonds to market in November and December, many to avoid registration. The result is a relatively slow calendar of traditional definitive tax-exempts in February. The short-term volume is high however with a number of the State's larger school districts issuing 12 or 13 month tax anticipation certificates. A total volume in excess of $170 million of these certificates is tentatively scheduled for sale by mid- February. Rates for these obligations are ranging from just under 5.00% to 6.50%. Short-term rates generally are down as most of you have experienced with your own reinvestment programs. The bond equivalent yield on 91-day Treasury bills during the week of January 24th was 8.20% compared with 8.50% two months ago and 12.90% one year ago. Long-term rates are up slightly over the past several months. The Bond Buyer's Index on January 28th was 9.66% compared with 9.56% one month ago. It was just one year ago that the BBI hit its all-time record high of 13.44%. The combination of lower rates and a light calendar of pending sales makes this a good time to consider placement of any required mid to long-term financing. We would be pleased to discuss in more detail with you any questions about a specific program. Advance Refunding A number of you who issued bonds during the very high interest rate market of 1981-1982 have called about the feasibility of refunding those bonds with new bonds at today's lower rates. Normally under Minnesota law an issue cannot be refunded more than six months before maturity of the issue, or before the first call date, unless the new (refunding) issue meets one of two major requirements. First, the average life of the maturities of the refunding issue must be extended at least five years, or the dollar amount of the interest, including costs of issuance of the refunding bonds, must be at least 5% less than the remaining dollar interest cost of the refunded issue. SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS 800 Osborn Building • Saint Paul, Minnesota 55102 • (612) 222-4241 At the present time most potential refunding issues could pass these two tests. However, federal arbitrage regulations may pose a more formidable obstacle to large scale interest savings, due to yield restrictions on those investments made in the escrow account from proceeds of the refunding bonds. In general, those arbitrage regulations restrict the reinvestment yield to the true interest cost on the refunding bonds, thus making it difficult to save large interest amounts which might be assumed available when you refund 11.00% bonds with 9.00% new bonds. However, there are some techniques which can be used to increase investment yields, particularly if the issuer can finance some of the front end costs. Those costs will vary, and are recoverable, over time. If you would like to discuss the refunding potential of some of your 1981-1982 issues, S-I can perform a preliminary analysis of the refunding feasibility. There may be some other justification for refunding in addition to interest savings. In some cases cities may want to extend maturities on issues which were arbitrarily shortened because of market conditions during the past 24 months. In other cases, a refunding might eliminate onerous covenants. Tax Anticipation Certificates As indicated a number of the State's larger school districts are finding it necessary to issue these certificates. Cities also have this authority, although charter cities may have different authority than statutory cities, and in some cases may have no such authority. Statutory cities have the authority granted by MSA 412.261, which permits their sale at any time after the first day of the year, in an amount not to exceed the total of all uncollected taxes at the time of issuance. The certificates must be due and payable not later than April 1 of the year following issuance. Federal arbitrage regulations will further limit the total value of permitted certificates to the largest combination of a single month's projected deficiency plus the next month's projected expenditures. Since these certificates can currently be sold from 5.0% to 6.5%, there can be a reinvestment gain. As a result there may be merit in their issuance even though your projected monthly cash deficits can be managed by temporary transfer from surplus funds. Should you wish to discuss the issuance of certificates in more detail we have developed some computer models which aid in making the arbitrage calculations and determining gain or loss from the sale, based on input from you on your cash flow requirements. Year in Retrospect We think you will agree that 1982 was a year of uncertainty, and the precursor of great change in government finance. It was a year of extraordinary volatility in credit markets, and one in which a number of new debt financing techniques appeared or reappeared. These new techniques included zero coupon and deep discount bonds, and while those programming concepts have lost, at least temporarily, much of their initial attractive- ness, it is clear that continuing variations of older, well established marketing concepts will continue to be presented to issuers. It is also clear that resources for the payment of both operating and capital costs will be at a premium and difficult decisions will need to be made as to community priorities. It will be a time of frustration, which will make it even more difficult to attract and retain the highly qualified administration and policy making individuals we have tended to take for granted in Minnesota. The relationship between units of government will also change. We anticipate municipal units will see a return to greater local control of finance and service levels, at the price of great accountability. We think this change will be welcomed by most, though it may require some traumatic adjustments. Based on our knowledge of Minnesota municipal government we are confident you will make those adjustments. We pledge that during this period of change we will do our utmost to continue to attract and retain the quality of staff necessary to assist in making your job easier when called upon. CSAH 18 NEWSLETTER February, 1983 Fifth Edition The final technical reports for the CSAR 18 project, which were completed in This is the fifth edition of the CSAH 18 January 1982 and are referenced in the highway location study newsletter. The DEIS, are also available at all of the loca- study is for the preparation of the Environ- tions cited above. The technical reports mental Impact Statement (EIS). This address the impacts, both positive and CSAH 18 project begins on the northern negative, for each of the alternatives with end at the junction of County Road 18 and regard to particular topics including: land I-494 in Hennepin County to the southern use and planning; community services and end of the project where County Road 18 cohesion; economics; relocation and right- junctions with Trunk Highways 101 and/or of-way impacts; wildlife; aquatic ecology; 13 in Scott County. The purpose of the vegetation; hydrology; traffic and trans- newsletter is to keep readers abreast of portation; historical, archaeological and the study progress and schedule, and to architectural features; and noise and report the involvement of the Technical energy analysis. The findings from these Advisory Committee (TAC) and the technical reports formed the basis for Citizens Advisory Group (CAG) which have preparing the EIS. been established for the project. Copies for review of the DEIS and the There are presently over 190 people or technical reports are available in the city groups receiving this newsletter. If you halls of Bloomington, Eden Prairie, Savage know of anyone who would like to be and Shakopee, and the following libraries: placed on the mailing list for the news- Oxboro, 8801 Portland Avenue South, letter, they can call the County Road 18 Bloomington; Penn Lake, 8800 Penn Hotline at 332-0429. The hotline phone Avenue South, Bloomington; Eden Prairie number may be used for any comments or Library, 7420 Eden Prairie Road, Eden questions regarding the project or the Prairie; Prior Lake Public Library, 4730 study process. Dakota Street S.E., Prior Lake; Savage Public Library, 4809 West 123rd Street, The consulting firm of Barton-Aschman Savage; and Shakopee Public Library, 235 Associates, Inc. is responsible for publica- Lewis, Shakopee. tion of this newsletter. Their offices are located at 1610 South Sixth Street, March �bIi FIearin• Minneapolis, Minnesota 55454. nnepin and Scott counties will hold a DEIS Available SAH 18 Location Public Hearing on Tuesday, March 22, 1983, 7:30 PM, at the, The Draft Environmental Impact State- Hennepin Technical Center, South Campus, ment (DEIS), which considers and 9200 Flying Cloud Drive, Eden Prairie, documents the positive and negative Minnesota. Beginning at 6:00 PM that day, impacts of the alternatives being p:ople may review a draft Environmental considered for CSAH 18, is available for Imp. Statement (EIS) and related stud', . review. Copies of the document have been mailed to the concerned agencies, affected The hearing will provt.e an opportunity to cities and the area libraries. Copies of the discuss the location, design and construc- DEIS are also available for viewing at the tion of the proposed project. Interested Hennepin County Department of Transpor- governmental agencies, public interest tation, 320 Washington Avenue South, groups and citizens will have an oppor- Hopkins, Minnesota, and the Scott County tunity to present their views on the Highway Department, County Courthouse, proposed highway improvement. Exhibits Shakopee, Minnesota. and written statements relative to the EIS and received by Hennepin County, post- freeway configuration. The third build marked no later than March 31, 1983, will corridor, named the Normandale corridor, be considered in preparing the final EIS. is an extension south of Normandale Statements should be sent to: Mr. Boulevard in Bloomington, Minnesota, to H. O. Klossner, Hennepin County DOT, 320 Trunk Highway 13. This corridor provides Washington Avenue South, Hopkins, an arterial alternative and the other leg of Minnesota 55343. the dual crossing alternative. Persons interested in speaking at the public None of the alternatives would encroach hearing can pre-register by using the significantly on the Minnesota River flood- enclosed mailing card. plain (as defined in Executive Order 11988 - Floodplain Managment). All build alter- Project Background natives would, however, affect lands protected by Section 4(f) of the U.S. The highway project proposes construction Department of Transportation Act and by of CSAH 18 from I-494 in Hennepin County Executive Order 11990 - Protection of to Trunk Highways 13 and 101 in Scott Wetlands. County. The EIS considers a no-build alternative and six build alternatives. The TAC/CAG no-build alternative includes, as do all the alternatives, the removal of the existing The Technical Advisory Committee (TAC) Bloomington Ferry Bridge. Additionally, and the Citizens Advisory Group (CAG) all the alternatives have a common align- have not met since May 1982 pending ment from I-494 south to 108th Street publication of the Draft Environmental South (Old Shakopee Road) approximately Impact Statement. These groups will meet four miles. From this common point, the at their regular times (TAC on March 9 at alternatives diverge. There are three 1:30 PM, and the CAG on March 16 at 7:30 corridors which contain all of the six build PM) in advance of the public hearing alternatives. The west corridor proceeds scheduled for March 22, 1983. They will predominantly south from the common also meet after the public record is closed point to a junction with Trunk Highway at their regular time in April to discuss the 101. This corridor provides an arterial, comments received. freeway or one of the crossings of the dual crossing alternative. The central corridor proceeds southeast from the common point to the junction of Trunk Highways 13 and 101. This corridor provides an arterial and Barton-Aschman Associates, Inc. 1610 South Sixth Street 0011 ��N AA Minneapolis, MN 55454 P� � s dS�STAGfUII RATE z =P15' WN;/ M12tFTs26g�k FM : a John Anderson City Administrator 129 East First Ave. Shakopee, MN 55379 '�" J TY f' President: Sally A.Webb Department of Speech INTERNATIONAL LISTENING ASSOCIATION University of Wisconsin- Eau Claire 366 NORTH PRIOR AVENUE, ST. PAUL, MINNESOTA 55104 Eau Claire,WI 54701 612-644-1765 (715)836-5582 (715)836-3419 (715)835-6070 First Vice-President: Bob Miller TO -ELECTED OFFICIALS & MANAGERS Telstar Production,Inc. -LAW ENFORCEMENT OFFICERS 366 N.Prior Avenue St.Paul,MN 55104 (612)644-4726—o FROM Bob Miller , Mayor of Hopkins (612)935-0845—H SecondVice-President: NOTE This year the INTERNATIONAL LISTENING ASSOCIATION VirginiaDeChaine ANNUAL CONFERENCE is in St Paul . I ' ve convinced Lane Community College the Board of Directors to do something special 4000 East 30th Avenue Eugene,Oregon 97405 for elected officials and managers , and for law (503)747-4501 Ext.2480 enforcement officers in Minnesota Secretary: CarolynynCoakley WHAT -ONE DAY WORKSHOP FOR GOVERNMENT PEOPLE 8021 McKenstry Drive Laurel.Maryland 20707 WHERE -ST PAUL RADISSON ON KELLOGG BLVD (301)725-2365 Treasurer: COST -$30 . 00 INCLUDES LUNCH & REFRESHMENTS William M.Gering Dept. of Communication Arts WHEN -MARCH 2 , WEDNESDAY 8 : 00-4 : 00 Indinirsity 1700 Mishawaka Avenue South Bend,IN 46615 TITLE MORNING--Bob Miller , Telstar Inc (219)237-4396 (219)255-3296 -Learning How to Listen -Overcoming Distractions Executive Board Member: -Getting the Message as Sent Harvey Weiss -Maintaining Emotional Control Lend Me Your Ear,Inc. 2845 Medicine Ridge Road AFTERNOON--Al Katz , Univ WI -Superior ; Virginia Minneapolis,MN 55441 Katz , Univ MN-Duluth , Jackson Huntley , Univ (612)545-0729 MN-Duluth Executive Board Member: -Skill Development in Keeping Channels of John L.Meyer Communication Open Professor of Communication SUNY Plattsburgh,NY 12901 (518)564-2056—o Why not take advantage of this chance to get professionally (518)563-0149—H conducted LISTENING TRAINING? Come yourself. Send as many Past President: people as you can . Mail back the enclosed form or call for LymanK.(Manny) Steil more information - but don ' t delay as we need to send Communication workshop material before you arrive . Development,Inc. 25 Robb Farm Road St. Paul,MN.55110 Other sessions are offered if you plan to attend the whole (612)483-3597 conference , THURSDAY MORNING -- Warren Gore , University of Minnesota Annual Conference How Your Profession Influences Your Listening Skills March 2,3,4,&5, 1983 THURSDAY AFTERNOON -- William Arnold , University of Minneapolis-St.Paul,MN Arizona Facilitating Listening Programs for Business and Government FRIDAY MORNING -- Charles Gott , Management Consultant Washington DC Barriers to Orally Communicating an Idea From One Person To Another FRIDAY AFTERNOON -- Lyman K Steil , Management Consultant , University of Minnesota Teaching Listening Skills to Managers and Sales People JOIN US INST. PAUL for t FO URTH AN1VUAL CONFERENCE March 2, 3, 4 & 5, 1983 4 days of Listening workshops and sessions with nationally known teachers, trainers, and authors. • Send for Informàton International Listening Association 366 N Prior Av St Paul, MN 55104 612-644-1765 Conference Information Bob Miller and Program: ILA 366 N. Prior Avenue St. Paul, MN 55104 .1- President Sally A. Webb Secretary Carolyn Coakley University of Wisconsin, Eau Claire WI H. S. Teacher, Laurel, MD First Vice President Bob Miller Executive Board Member John Meyer Mayor of Hopkins MN Univ. College (SUNY), Plattsburgh, NY Second Vice President Virginia DeChaine Executive Board Member Harvey Weiss Lane Community College, Eugene OR Cooper High School, Robbinsdale MN Treasurer William M. Gering, Ph. D. Past President Lyman K. Stei 1 Indiana University, South Bend IN University of Minnesota, Minneapolis, MN INTERNATIONAL LISTENING ASSOCIATION 366 North Prior Avenue St. Paul, MN 55104 (612) 644-1765 1 II II 11 11 I = = = i It ICICLJ [ IOt "1I= 1 IL1 = 1 1flmm-m-Qf-11 IIJ01 IL_J = My Registration is enclosed. 0 One day $30.00 0 Entire conference $120.00 Includes one year membership My ILA interests are: ❑ Teaching & Training ❑ Clinical ❑ Other ❑ Research ❑ Consulting (Please complete both sides.) INTERNATIONAL LISTENING ASSOCIATION Promoting the Studynd Development of a EFFECTIVE USIENL\G Article II of the by-laws of the International Listening Association states the purpose of the Association shall be to promote the study and development of effective listening through. . . • the establishment of a network of professionals • exchange of information including teaching methods, training experiences, and materials • pursuring research as listening affects humanity in economics, education, race, culture, and international relations. At the STATE OF THE ART LISTENING SYMPOSIUM held at the University of Minnesota in 1979 representatives from education, government, business consultants, publishers, and counselors moved to form the International Listening Association. The ILA today is indeed international. Members come from more than 43 states and Belgium, Denmark, Canada, West Germany, the Netherlands, South Africa, etc. The ILA continues to grow in numbers and strength through the wide and varied background of each member. ILA is a growing cross-section of education, industry, business, government, consulting, counseling, and publishing. TO INCREASE YOU EFFECTIVENESS experts agree you must be a good listener. Studies show you listen more than any other communication effort. Yet day in and day out we don't do a very good job of getting the message. On average without listening training less than 25% of the message is retained. We need to LEARN HOW TO LISTEN. This year's Conference Workshop, Wednesday, March 2, is just for you and your particular skill needs. Whether you're new in government or been involved in your job for many years, you'll profit from this conference. ReSisterNov! Contribute your talents. Make the ILA the voice in Listening today. Fill in, detach, and mail this card today to: Bob Miller INTERNATIONAL LISTENING ASSOCIATION 366 North Prior Avenue St. Paul, MN 55104 (612) 644-1765 I ' r __- I i t .-. I I I I I � I I I �1. ,___.___ _. I I- I I-1 i r—I u r. r i 1 ET -r 0-r-- �`Tr-__-1� I t I L� L� 1 LJ LI LJ U Name Title or Position Mailing Address State Zip Phone: Office Home Best time to call My special interests include (Please complete both sides.) 7 CITY OF SIIAK0I'1 I B1J 1 LD1 NG ACTIVITY REPORT January, 1983 PERMITS ISSUED Yr. to Date Total Previous Year 5851-5863 Number Number Valuation Number Valuation ' MO . YTD . Single Fnm. -Sewered 1 1 40,000 _ _ - ,Single Fan.-Septic - - - 1 1 78 , 500 Multiple Dwellings - - - - - - (Mo.Units) (YTD Units) - - - - - - Dwelling Additions - - - - - - Other 2 2 23,000 - - - Business District _ _ _ _ _ _ Agricultural _ _ _ _ _ _ Industrial -Sewered _ _ - _ _ - Industrial -Septic - _ - - - - Accessory/Garages - - - - - - Signs & Fences 3 3 10,000 - - - F i r't'p I aee /W od Stove 3 3 11 , 525 3 3 4, 155 Grading/Foundation 1 1 60,000 1 1 1 ,165 Remodeling (Res. ) 1 1 950 1 1 1 ,000 Remodeling ( Inst . ) - - - - - - Reemodeling (Other) 2 2 13 ,055 5 5 633 , 950 TOTAL, TAXABLE 13 13 158 , 530 11 11 7t8 , 770 TOTAI, 1NSTI 'TUTI( NAL - - - - - GRANT) TOTAL, 13 13 158,530 11 11 718 , 770 MO. YTD. MO. YTD . Variances - - 1 1 Conditional Use - - 2 2 Re-Zoning - - - - Moving 1 1 - - Electric Permits 8 8 4 4 P1mbg. & Htg. Permits 7 7 3 3 Ra;;ing Permits Residential - - - - Commercial - - - - Total dwelling units in City after completion of all construction permitted to date 3, 578 Cora Underwood bldg. Dept . Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JANUARY, 1983 5851 Jefferson Carpentry 1335 E. 10th Ave . Alt . $ 6 ,000 5852 Emmett Wilson 448 W. 1st Ave . Sign 1 ,000 5853 Puckett Transport 8925 E. 13th Ave . Addn. 3 ,000 5854 Metro Fireplace 632 Adams St . Fireplace 4, 500 5855 Charles Mensing 10 S . encer ouse-move 40 , 000 5856 Nordquist Sign :522 Hwy 10]. Sign 4, 500 5857 John Vohnoutka 320 E. 1st Ave . Alt . 950 5858 Valley Fair Addn. 20 ,000 5859 Lawrence Geis 918 S . Holmes Fireplace 2 , 500 5860 Valley Fair Footings 60,000 5861 Nordquist Sign 8522 Hwy 101 Sign 4 , 500 5862 Melvin Lebens 205 S . Atwood Alt . 7 ,055 5863 Metro Fireplace 4703 C .R. 16 Fireplace 4 , 525 $ 158, 530 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on December 6, 1982 at 4:30 P.M. in the Utilities meeting room. Commissioner Bishop offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Bishop, Kirchmeier and newly appointed Commissioner Jim Cook. Also Liaison Wampach, Manager Van Hout, Superintendent Leaveck and Secretary Menden. Motion by Kirchmeier, seconded by Bishop that the minutes of the November 8, 1982 adjourned regular session be approved as kept. Motion carried. The Shakopee Public Utilities Commission employees were present to present their 1983 wage and Benefit requests. BILLS READ: City of Shakopee 20,032.00 American Public Power Association 395.00 Associated Mechanical Contractors, Inc. 5.40 Athmann Medical Supplies, Inc. 16.55 Auto Central Supply 124.02 B & B Transformer, Inc. 325.00 Battery Tire and Warehouse, Inc. 13.76 Bentz Construction, Inc. 225.00 Berens Super Fair 174.13 Bills Toggery 99.46 Boardman, Suhr, Curry and Field 2,775.55 Border States Electric Supply Co. 5.59 Burmeister Electric Co. 1,451.06 Burroughs Corporation 3,069.36 City of Shakopee 1,052.95 Clay's Printing Service 640.77 Ditch Witch of Minnesota, Inc. 96. 12 Feed Rite Controls, Inc. 815.36 Graybar Electric Co. , Inc. 3,324.32 H & C Electric Supply Co. 480.42 Hardware Hank 16.02 Hennens ICO 8.00 Industrial Sales and Service 199.96 Gene Juergens 125.00 Krass, Meyer and Kanning 798.00 League of Minn. Municipalities 5,545.00 Leef Bros. , Inc. 31.00 Motor Parts Service Co. 45.13 North Supply Co. 93.93 Northern States Power Co. 177,410.38 Northern States Power Co. 575.30 Northern States Power Co. 889.71 Northland Electric Supply Co. 12.74 Northwestern Bell Telephone Co. 340.19 Radio Shack 3.69 Schoell and Madson, Inc. 267.38 Scott County Sheriffs Office 344.36 Serco 56.00 Shakopee Hardware 114.73 Shakopee Public Utilities Commission 281.98 Shakopee Services 36.00 Dean Smith Trenching, Inc. 351.80 Software Consultants, Inc. 500.00 Southwest Suburban Publishing, Inc. 207.65 Stark Cleaning Services 34.60 Suel Business Equipment 25.11 Total Supply, Inc. 264.23 Uniforms Unlimited 276.75 Valley Industrial Propane 33.34 Louis Van Hout 357.50 Water Products Co. 631.79 Wesco 436.76 Motion by Kirchmeier, seconded by Bishop that the bills be allowed and ordered paid. Motion carried. Ken Adolf from Schoell and Madsen, was present in regard to the water connection charge study. Motion by Bishop, seconded by Kirchmeier that supplement #2 should be incorporatied as part of the study so that' the study would be the study with one supplement. A December 14 special meeting of the Shakopee Public Utilities Commission was set. Motion by Kirchmeier, seconded by Bishop that the REA would be approved to make comments on behalf of the SPUC to NSP regarding the wholesale contract. Motion by Cook, seconded by Kirchmeier that the SPUC attorney be requested to contact the Health- Department to determine jurisdiction regarding the Howe Chemical Water problems. Commissioner Kirchmeier reported on the I. C. C. visitation program. Liaison Wampach gave the liaison report. No new plats had been sent to SPUC for comments. Superintendent Leaveck reported on fire calls. There were no lost time accidents reported. The next regular Shakopee Public Utilities Commission meeting was set for January 10, 1983 at 4:30 P.M. in the Utilities meeting room. Motion by Kirchmeier, seconded by Bishop that the meeting be adjourned. Motion carried. Lo 's Van Hout, Manager P /G: MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on January 10, 1983 at 4:30 P.M. in the Utilities meeting room. Commissioner Bishop offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Bishop, Kirchmeier, and Cook. Also Liaison Wampach, Manager Van Hout, Superintendent Leaveck and Secretary Menden. BILLS READ: City of Shakopee 20,032.00 Auto Central Supply 32.63 Auto Con Industries, Inc. 112.00 B & B Transformer, Inc. 300.00 Bills Toggery 93.90 Burmeister Electric Corp. 274.87 Burroughs Corp. 217.80 City of Shakopee 1,878.81 Chicago and Northwestern Railroad 340.00 Dunnings Hardware 8.40 Dyna Systems 74.80 Environmental quality Board 425.56 Feed Rite Controls, Inc. 16.22 Graybar electric Co. , Inc. 13,368.20 H & C Electric Supply 30.00 Hardware Hank 8.25 Hennens ICO 17.90 LaHass Mfg and Sales, Inc. 1,007.46 Ed Leaveck 47.00 Leef Bros. , Inc. 32.00 Malkerson Motors, Inc. 319.17 Metro Sales Inc. 59.36 Motor Parts Service 47.38 Northern States Power Co. 66.50 Northern States Power Co. 839.42 Northern States Power Co. 287.65 Northern States Power Co. 213,535.81 Northland Electric Supply Co. 34.15 Northwestern Bell Telephone Co. 355.16 Shakopee Post Office 40.00 Reynolds Welding Supply Co. 10.95 S & W of Shakopee, Inc. 5.00 Serco 112.00 Shakopee Ford 5,980.94 Shakopee Ok Hardware 56.25 Shakopee Oil Co. 116.05 Shakopee Public Utilities 219.70 Shakopee Services 18.00 Sirek's Hydraulic Service, Inc. 109.80 Starks Cleaning Services 17.50 Southwest Suburban Publishing 110.47 Suburban Engineering, Inc. 18.76 Suel Business Equipment 190.59 Ralph Thomas Construction 855.00 Total Tool Supply, Inc. 17.93 Valley Industrial Propane 11.12 Lou Van Hout 99.99 Water Products Co. 2,493.34 Westinghouse Electric Supply Co. 158.91 Zeigler Tire Service 127.34 Motion by Kirchmeier seconded by Cook that the bills be allowed and ordered paid. Motion carried. A communication was reported from Northern States Power Company dated December 10, 1982 regarding an automatic switch which will be installed on the NSP transmission line to Shakopee in the near furture. Manager Van Hout reported a communication from Northern States Power Company on the Shakopee Sub station facilities charges. He recommended the Commission not take action in regard to the facilities charges at this time. A letter from the Minnesota Department of Health was discussed. The annual report by the Department of Health included a rating for the Shakopee water system of 96 out of a possible 98, a list of recommendations and a report of a check on certain items on the system. Motion by Cook, seconded by Kirchmeier to accept the report from the Minnesota Department of Health dated January 3, 1983. Motion carried. A consultants report on the cost of the NSP facilities and customers was presented by Manager Van Hout. Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities Commission reject NSP cost proposal and authorize our negotiating committee to list the reasons for our rejection in writing and also to present an alternate cost proposal. Motion carried. A request from the Common Council of the City of Shakopee to install a street light on the corner of County Road 17 and County Road 42 was acknowledged. Motion to install that light as requested by Cook, seconded by Kirchmeier. Motion carried. A 1982 preaudit report and the 1983 budget was presented by Manager Van Hout. A discussion followed. Motion by Cook, seconded by Kirchmeier to accept the preliminary budget for 1983 with the change to allow an additional $10,000.00 in capital expenditures in 1983 for the replacement of approximately 20% of the capacitators with P.C.B's. Motion carried. Motion by Kirchmeier, seconded by Cook to offer Resolution #248 A Resolution Accepting Work on the 81-1 KT Water Supply Well No. 6 Within the K-Mart Tax Increment Project. Ayes: Commissioners Bishop, Cook and Kirchmeier. Nayes: none. Resolution passed. Motion carried. Manager Van Hout presented the Connection charges -study with the December 1982 supplement. On January 12, 1983 the I. C. C. will be discussing the conneciton charge study and Manager Van Hout will return with their comments to the Commission. The Work rules were discussed. Liaison Wampach brought up for discussion the Phillips 76 Station on Hwy 101 who would like to be brought into the City of Shakopee for City water and sewer. Motion by Cook, seconded by Kirchmeier to offer the Shakopee Valley News as the official means of publication for 1983. Motion carried. Motion by Kirchmeier, seconded by Cook to continue the official investment depositories for 1983 as recommented by the City Treasurer and to have a resolution drafted listing those institutions. Superintendent Leaveck reported no loss time accidents for the month of December 1982. A special meeting of the Shakopee Public Utilities Commission will be on January 17, 1983 at 4:30 P.M. in the Utilities meeting room and another-Meeting on January 24, 1983. The next regular meeting was set for February 7, 1983. Superintendent Leaveck reported six fire calls for a total of 2 hours and 31 minutes. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried. CiZ311012 444— Louis Van Hout, Manager RECEIVED FEB 81983 // August B. De l lwo, Jr. , ant' ,HAKOPEE 634 West 2nd Ave . , Shakopee , MN. 55379 . February 5; ±983 . Mr. John Anderson, Administrator, City of Shakopee , 129 East 1st Ave . , Shakopee , MN. 55379 . Dear Mr. Anderson, As you may recall, the buildup of ice on 2nd Ave . as a result of W.E . Fraud was discussed at the March 2, 1982 meeting and an at- tempt to lay the blame on the drains of the Valley Mfg. Co . and finally the phoney pretense of a motion to study the matter. The above and Karkanen' s attempts to carry out Harbeck' s wish of the Memorial Day 1978 weekend "That I be flooded out of town" prompted me to keep a careful watch on the so-called "maintenance" performed on 2nd Ave and Pierce in 1982 . The fact that you brought up the matter of our having discussed the vacation of 2nd Ave . and Pierce at the 7/13/82 meeting prompts me to first discuss the "maintenance" performed in 1982. Second Ave . , Apgar to Pierce and Pierce , 2nd to 3rd received "main- tenance " on five occasions; 3/30, 5/6, 7/6, 8/30, and 10/13 . In no instance was grading necessary as I checked the streets daily, and since the grading was done immediately before or after a rain, the condition after grading was deteriorated . The sole purpose of the "maintenance" was to cover up evidence of of the malicious creation of a hazard to the property of myself and others by construction of the W .E . Frauds The first area of coverup is the East side of Pierce between 2nd and 3rd and the entire area of the intersection at 3rd and Pierce to remove ac- cumulated_.material .washed down .the hill past the Pierce-Shumway system, . the Fraud 3rd Ave . Main and the non-berm at the North side of the intersection of Pierce and 4th Ave . , which is nothing more than a hump in the road maintained to harass area residents . The other locations are immediately West of the 2nd and Apgar inter- section and immediately East of the 2nd and Shumway intersection which are eroded by water also bypassing the P-S system and the 3rd Ave . main--these being eroded since the installation of the Fraud at which time storm water problems for my property and the railroad were greatly magnified. Perhaps this is why the C& NW Ry' s assessment of over 33500 was abated but they are still suf- fering serious erosion of their property. As a result they had several accidents west of Rahr' s last summer, two of which occur- ed in early September and can be traced directly or indirectly to the Fraud . In the final "maintenance " of 1982 on October 13th, the grader made at least eight passes in that piece of bungling and to clarify what finally happened on 10/13 I have to return temporarily to the spr- ing of 1979 following the construction of the Fraud in 1978 . Page 2. 1/ John Anderson, February 5, 1983 . In the spring of ' 79 as a result of storm water constantly running into my driveway from Pierce , the fill was seriously undermined and further eroded by the rear wheels of parked vehicles getting stuck in the resultant muck. One day that spring, Judge Lindmeyer stop- ped by and had to park his car on Pierce St . and then hopskotch through the muck to get into my shop. He asked "What is going on here, that was never here before ! " I answered "That is one of my benefits of the W.E . Fraud" and he snapped back "Well , it wasn' t here before and I 'll testify to that! " As I expected, the wash material started to form a delta in the northerly part of the eroded area and I photographically recorded the growth of the delta and much other evidence pertaining to the malicious motives behind the construction of the Fraud contrary to good engineering practices . Price testified that he did not st- udy the P-S system before construction of the Fraud, the reasons for which center about Fraud and Malice . Karkanen on a couple of occasions has become aware of my photograp- hing waterspouts at catch basins and the "in-progress maintenance" to cover up the evidence . Now back to the "maintenance" of 10/13--I was photographing the affair and after about 5 passes by the grader I went into the shop to change lenses . About the time I was ready to go back out, the grader was traveling north on Pierce just south of my driveway and was attempting to cut in close and remove the delta but as I came out the door he aborted the pass and more or less leveled Pierce and the entrance of my drive . He made a couple of short passes at the corner of 2nd and Pierce and a short pass on 2nd, and then left. The grading of the wash material to the center of Pierce has raised the street level creating an additional hazard whcih was the intention of Price and Harrison (the city engineer) at the time of the construction of the Fraud which they had to abort because of the disastrous 3" rain of the ' 78 Memor- ial Day weekend after I went to work on their catch basins dur- ing that rain with a pry bar to lower the water buildup. Incidently, it was on Saturday of that weekend that Harbeck while at St. Francis Hospital in reply to a citizen who remarked that the predicted rains would be a good test of the Fraud replied "I hope the water flows through Mrs . Lebens ' basement and then down the hill and floods Augy Dellwo out of town! " Mr. Breimhorst who had problems this past summer is also a victim of the Fraud . Karkanen claimed to have no money to put fill in that alley--which would solve nothing-- but just prior to that he applied a section of asphalt between 3rd and 4th on Pierce thus adequately covering that to prevent erosion by storm waters pass- ing his non-berm or is it to make certain that I get maximum ben- efit from the storm waters flowing down hill, paranoia on my part-- attorneys are unanimous in their opinions based on the evidence-- that the desire of Harbeck and his pimps to violate my rights-- Page 3 . John Anderson, February 5, 1983 . is being carried out by Karkanen. It would have been well to heed Mrs . Lebens suggestion that he be dumped because he actually has tightened the noose about H and the P' s necks . Why haven' t the assessment-happy pimps assessed that asphalt coating on Pierce? The reason for this letter is that now--as a result of the rain of Xmas Eve and the snow of Xmas plus the melts and runoffs of 1/10/83 and again on 1/29-30/83 putting the final glass surface on my drive the buildup is at a level approximating a water level created by a 1 1/4" rainfall . On 3/2/82 I stated that a 1 1/2 inch rainfalll would cause storm waters from Pierce to enter my property. The short period rainfall of 1 1/4" rainfall on Xmas Eve brought the water to within 1/4" of entering my property beyond the driveway. All of this has been recorded by photographs that are now in the hands of Federal Officials and that it is my inten- tion to hold the Harbeck Leftovers on the council personally and individually responsible for any accidents that occur on their Fraud-created hazard due to their inaction last March and the ig- noring previous warnings they have been given. In view of their malicious prosecution of those attempting to expose the Fraud and their malicious lies, statements and actions--personal and indiv- idual accountability is mandatory--and should I have an accident attorneys are talking about pressing multi-million dollar damage claims . That is not my worry, justice is mysole concern. Any further light runoff will cause entrance of storm waters to my property with resultant serious damage causing. Harbeck and all of his pimps to be personally and individually held accountable . After the snowfall of Sunday 12/26, Pierce south of 3rd was plowed immediately, full width even to clearing the ditches while north of 3rd and 2nd Ave were not plowed until late the 27th which re- sulted in water migration beneath the snow creating solid ice-- clearly a malicious creation of a hazard which will force a replay of prosecution of the carpetbaggers under Civil Rights laws which were necessitated by the frauds of the Reconstruction Era follow- ing the Civil War. The corner of 2nd and Shumway is an ice lake because the runoff of the Valley Mfg. Co drains had no drain outlet and I have good re- ason to suspect that it was intended that way with the hope that the buildup would become sufficient to cause the water to run to the West into my property. Perhaps H and the P' s think that should I suffer serious damage that I will just collect my flood insur- ance and leave . They are seriously mistaken as Uncle Sam would be highly irritated at having to pay claims because of malicious frauds and of course I would have the absolute proof of the Fraud! Since our-man-of-the-year Reinke brought up the problem of Mr. Harold Schmidt of Adams St. at the 3/2/82 meeting, I will enlight- en you on that matter. fill-. S. appeared at the meeting of 3/18/80 in a rather irate and nasty mood with a problem identical to this area and action at that time consisted of a corrupt motion to mis- Page 4. ! John Anderson, February 5, 1983 . lead Mr. S. and to take a slap at others damaged by the Fraud . I suggested to one of Mr. S. ' s neighbors that Mr. S. buy flood insur- ance as I had and the neighbor said that Mr. S. had told him that he could not buy flood insurances Puzzled, I called my agent and he assured me that he would service Mr. S. , but before I so inform- ed Mr. S. , in speaking to another of his neighbors I happened to mention_ the. foregoing conversation and this person suggested rather strongly that it was a case of Mr. S. not being able to afford buying the insurance . When I ordered my policy in April of 1979 the cost was supposed to be 325. 00 per 325, 000of insurance and on receiving the policy the cost had risen to 340. 00/$25, 00O Subsequent increases were to 360. 00 per 325, 000 and in 1982 the rates were increased 155% to about $160. 00/325, 000. When my policy again somes due , I will notify Mr. Reinke and he had better come up with the cash--where he gets it is no concern of mine . Perhaps I should inform Mr. S. as to where to get his insurance premiums and also the other victims of the fraud . Since Mr. S. is also a victim of the irresponsible and malicious refusal of Harbeck and his pimps to run the trunk line out 6th Ave . instead of 3rd Ave . ,with it ' s resultant lower installation costs and high efficiency I should inform him of the testimony of Mr. Price under my questioning regarding the hazards to property north of 4th Ave . If you wish more information as to the why of this re- fusal, I will supply at your request . Please note that Price ' s testimony was on the area north of 4th only because that was the area under question but same hazards exist on 5th Ave . and on 7th Ave . and to areas north of 6th Ave easterly to Scott. These areas have been verified but I have the opinion that areas east of Scott will also suffer damage as a result of the Fraud, which would make installation of a lateral west from Fuller along 2nd Ave . corrupt and illegal. It will be interesting to see if Mr. Spurrier' s re- commendations will reflect good engineering practice or instead the desires to defraud the citizens by those who sign his pay check. The arbitrary, capricious and unreasonable refusal by H and the P' s to implement the Holmes St. Committee ' s recommendations on storm sewer assessments (which were within the guidlines of the Buettner, Ewert and Cramer decisions of ' 79 ) and instead apply their exces- sive and illegal assessments in an attempt to validate the W.E . Fraud in a project involving Federal Funds is extremely serious . Otlying storm sewer trunk assessments that ©b not presently drain into the Holmes trunk are premature and therefore illegal . ( Quality Homes vs . New Brighton. ) The reason for all of this is that city hall watchers were aware that when the economy started to slip in ' 79 that Harbeck feared his corrupt empire would fall about his ears and when the Holmes St. project came along the illegal assessments provided the means to allay disaster a bit longer. Do we as yet have an explanation of the $120, 000 shortage in the 67 parking lot bond fund? (Claimed 100, 000 shortage plus Mel ' s probable 21 , 000 surplus . ) 11 Page 5. John Anderson, February 5, 1983 . In the present instance , Karkanen had better remove the ice from my drive and Pierce in that vicinity with the utmost haste if he wishes to protect the signers of his check. This situation over which I have no control prompts me not to hold a faceless non- entity, the municipal corporation accountable as the taxpayer is the ultimate loser in that case�and H and the P' s face the alter- natives of promptly cleaning up their act or facing Federal Civil and Criminal prosecution There may be a third alternative in that if the yellow pimps pack their carpet-bags and get the hell out of town fast, thereby let- ting an' honorable and responsible council correct their dirty tricks , it may be that out-of-sight will be out-of-mind. To date 3152. 00 in assessments and interest plus $280 in flood insurance premiums has been stolen from me by H and the P' s . If any of those yellow pigs tried to steal even 50¢ from me on the street, I would spill their yellow guts on that street. Since it ' s environmentally unacceptable to spill the amount of yellow manure involved in this instance, the courts will have the thieving pimps and their keeper. Shortly after I was born one Shakopee mayor barely escaped tar and feathers only after the leather upholstry on his car was destroyed . If W.E. citizens were given all the facts in this fraud we probab- ly would have a necktie party par excellence for H and the P' s, -a certainty if they were served a bit of liquid courage . This would involve three Shakopee mayors . It ' s a sad time when depraved ego- maniacs seek their kicks by stealing from widows who do not have adequate food and citizenswho are spineless . I am certain that they hope that I will pass from the scene , but my younger bother and sister will take over my estate and they are anxious, able and certain to teach what they call "Shakopee ' s Mafia" a few lessons . Following is a U . S. Supreme Court decision concerning only the lack of benefit. Would you care to hear what they have to say about what is occuring in the present instance or is that necessary? in My e;,I^S .lt Cur ;d vs . Board of Commissioners, 239 U .S. 4.78, 485, 36 S.Ct. 204 , 206, 60 Ltd. Ed . 392, 396 the U. S. Supreme Court held that an assessment in such a case is a violation of due process saying: "It is to be remembered that a drainage district has the special purpose of the improvement of particular property, and when it is so formed to include property which is not and cannot be benefit- ted directly or indirectly, including it only that it may pay for the benefit to other property, there is an abuse of power and an act of confiscation. fie are not dealing with motives alone,but as well with the resultingaction; we are not dealing with disputable degrees of benefit, but with an exercise of power determined by consideration not of improvement of plaintiff' s property, but sol- ely of the improvement of the property of others, power, therefore , arbitrarily exerted, imposing a burden without a compensating ! - Page 6 . John Anderson, February 5, 1983 . advantage of any kind. " It would appear that the license of the corrupt to steal under Chapter 429 had been revoked in 1979 but H and the P' s has continued to lie , and take any other illegal action to avoid implementing the MN. Supreme Court decisions of 1979 . These decisions were the subject of an article in the June 1979 issue of Minnesota Cities magazine , copies of which I supplied to the Holmes St. Committee . Harbeck and one of his pimps even lied at the League convention in July 1980 about having attended a seminar on Special Assessments earlier in the week, when it was only discussed on Saturday when they were not presents I have spent considerable time and effort on this letter--not to warn H and the P' s---but to inform you as to what has gone on before and also in the hope that the new members of the council will be aware of the hazards of being seduced into going along with the "leftover pimps" It is all too easy to be ensnared by the corrupt when one is not well versed in the law. I will be happy to supply the new members of the council with any reasonable request for information that may help them to stay clean and honest. In our conversation concerning the vacation of Pierce and 2nd Ave . you brought up the question of whether I had ever considered sell- ing out. I was negotiating for an extremely desirable piece of pr- operty in 1976 when the W.E. Fraud was brought up from the sewer. However, when H and the P' s made the whole affair so dirty corrupt and rotten it was then that I decided to stay and see the matter through to the end. It may cost me another 20 or 30 grand to ac- quire that sort of property, if it can be found at this date but that' s o .k. as I never let a job unfinished . They've tried to de- stroy the reputation of myself and Mel, but when anyone tries that he had better have a gilt-edged reputation himself. It all goes back to the wise old lawyer' s rule--that if you sue someone for defamation, then you had better have a reputation that can be dam- aged! In a recent conversation with Mel he stated that our ultima- te satisfaction is in knowing that we have been right in every battle that we have had with the itinerant opportunists, Too bad he isn' t in the physical condition to partake of this one with me but I 'm certain that I can get in a few licks on his behalf, and he and I will both like that. I suggest that the council adopt the following Goals; Honesty, Sincerity, Strict Integrity and Truthfulness. These goals are extremely repugnant to depraved egomaniacs who have to get their kicks by abusing cowards, and the weak and helpless . Sooner or later they miscue . Sincerely, Au est B. Dellwo', Jr. R FCEIVFD J.. Th = 141983 August B. Dellwo , Jr. , 634 West 2nd Ave . , CITY CSF 3�AKUPE� Shakopee , MN. 55379 . February 13, 1983 . Mr. John Anderson, Administrator, City of Shakopee , 129 East 1st Ave . , Shakopee , MN. 55379 . Dear Mr. Anderson, Thank you for your letter of the 11th day of February which I rec- eived here the 12th, yesterday. First, I want to apologize for calling you last evening, but I 'm sure that you realize that I was satisfying a legal necessity. I just wanted you to know that I greatly appreciated my after hour time and I wanted you to know that I hope that I did not caus✓ too much interruption of yours . Incidently, I wan' t sure if you lived in town and called Mr. Hauser and since he knew the area in which you lived, helped me locate your number and I told him of the rea- son for the call . Your manner of distributing the letter is perfectly satisfactory with me as I see no reason to put the matter on the agenda. If the people responsible for the Fraud have any sense of decency or responsibility then it'sup to them to address the matter. It would only result in more of the same phoney or insulting motions as at the meeting of 3/2/82 and at the meeting of 3/18/80 at which Mr. Harold Schmidt appeared with his complaint. I will include a copy of the minutes of that meeting with the Motion as made and then amended stating that "Mr. Schmidt' s case was a "Special Case" and only his problem would be addressed . However, had they addres- sed only his problem, then this matter would have hit the fan at that time . Someone from public works, using a loader was on Pierce this morn- ing, but I was not aware of it until about noon when the water broke through pastmy drive and into the yard . I hastily used a couple of snow dikes to stop that because the flow was not so great that it would cause any more than a hell of a mess in my yard . After stopping the flow at the shop, I then noticed that some clearing of the catchbasin had taken place and some clearing along the edge of the street. However, the real cause of the prob- lem, the buildup of the ice and street in the area of my drive was not addressed. With a couple more snow dikes and a shovel used on the street I was able to just barely accomplish what would have been easy with the loader. If the temperature gets into the 40' s tomorrow and the sun comes out, then there will be no hold- ing it. Perhaps if someone split Karkanen' s thick skull with a a baseball bat, it would be possible to straighten him out. But he had better get through that thick skull that if disaster strikes Pge 2. Mr. John Anderson, February 13 , 1983 then his hide will be held accountable by me and the pimps will also be out to hang him. So , he ' s finally met his day of judge- ment. I made the comments about the women' s prison because I was dis- turbed by your comments being made as the result of the limited contact that you would have with the overall population in the short time that you have been in town. I guess it was my intense dislike of the feeling that someone was being "used" . At the time I made the comment, it was made as the result of a lot of facts stored in my mind but not necessarily of a conscious nature at the time . One of those facts was the uproar, .,' efore you came here, about the break-outs and the need for fencing the property and more security. Also the number of jobs has a phoney ring to it. About 30 years ago I declined to do any further work at that inst- itution for a number of reasons . At that time I doubt if they had 30 employees and the farm was still operating. How many they now have of the unproductive class I am not sure , but then as in most of those operations it' s all out of balance . As to the jobs, the question is as to how many of them are residents of the town. Also , I heard the same number of jobs figure used by Reinke at a meeting one night when the matter of the closing was in the forefront. He used the figure when he came to the rear of council chambers and made the comment to a member of the league of WV. And when he quotes a figure in a matter such as that, you can take it with a grain of salt. As a matter of fact, anything that he says is two-faced. Also understand I am not interested in being interview- ed on the matter as I have no need for publicity, --my accomplish- ments give me all the satisfaction that I desire, that is why I do what I do . But if you ever have any questions, don' t hesitate to ask because it will be confidential and as Roger Linehan remarked to me when I took a letter out there, "Augy you don' t mince any words, but you are honest" . Incidently, Neely refused to print that very let- ter because it would embarass and insult those involved. As far as I 'm concerned, the truth stands and the U . S. Supreme Court is in agreement with me on that. Thank you. Sincerely, 67/1/4/06 - - C '6 J Aug6st B. DellwOOL Jr. P. S. The reason I slipped up on the sixth page was that I had too many agencies and people to supply copies, and I guess I just had slip somewhere . August B. Dellwo , Jr. , 634West 2nd Ave . , Shakopee , MN. 55379 . February 10, 1983 . Mr. John Anderson, Administrator, City of Shakopee , 129 East 1st Ave . , Shakopee , MN. 55379 . Dear Mr. Anderson, I received your call this P.M. that you had misplaced the 6th page of my letter of February 5, 1983 , which was delivered to you on the 8th. Apparently I supplied you with one page too many of information. Attached i.e- --co,,,T o y QQ„y. 72/454X?&641,4.4; 60// ,X',✓`/4&. Incidently, I noticed that Valley Mfg. Co . was cleaning the ice out of the east pipe on the front of their building on the 2nd Ave . side about 4: 00 P.M. this afternoon. If the predicted rains and temperatures materialize this weekend it would appear that the time I have been preparing for this past four years will be at hand. I am looking forward to Federal Marsh- alls clearing the city of Shakopee of H and his P' s and assorted hangers-ons . I noticed yours , the League of Women Voters and Mr Wm. Wermerskir- chen' s appearance on the news on Channel 9 protesting the removal of the Women' s Correctional Institution. Why didn' t they interview some of the residents who lived near that institution? I have for 62 years and the sooner it leaves the better. And the League never has had the interests of the public generally at heart. As a matter of fact they are being watched very carefully--nationally as well as locally for any of their misrepresentations of the truth especially where the public' s rights are concerned . It ap- pears that none of the long-time residents of Shakopee are members of that organization. Those that I have known to be asked to join have mainly gone to a couple of meetings and never gone back. So , according to knowledgeable information, it is an organization , of carpet-baggers, or itinerant opportunists. If there is any other information that I can help you with, please call . Sincerely, Augu t B. Dellwo, Jr. CITY OF SHAKOPEE INCORPORATED AfAll • 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650tea February 11 , 1983 ` 4 Mr. August B. Dellwo, Jr. 634 West 2nd Avenue Shakopee , MN 55379 Re : Letter Regarding West End Storm Sewer Problems Dear Mr. Dellwo: Thank you for dropping off page six of your February 5 , 1983 letter on Friday , that enabled me to send the complete letter to City Councilmembers in their agenda packets . I have interpreted the second paragraph on page six of your letter to mean just what it says , that the purpose of the letter is to provide me and new Councilmembers with the history and background behind the west side storm sewer issue. Therefore , the letter will go to all Council- members as an informational item and will not appear on the formal agenda since informational items do not require specific action by Council . If you have any questions about the manner in which I am distributing this please contact me . Sincerely, John K. Anderson ( City Administrator JKA/jms P. S . Thank you for the comments about the women' s prison. You are the first citizen I have heard speak against it and I will keep that in mind the next time the subject comes up. 1 1 / / h cI I C it 1 1 C 1 I I" c) i1 T C c7 / i' 11 An Equal Opportunity Employer Lk; CITY OF SHAKOPEE INCORPORATED 1870 • J 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650{3i(0 X' Z- February 11 , 1983 Mr. Paul Wermerskirchen I .C.C. Chairman 236 Lewis Shakopee, MN 55379 Re : Follow-up on I .C.C. Tour Held at Bush Lake Tool Dear Paul : Wednesday night Idid not have enough time to review with the I .C.C. the results of the meeting LeRoy Houser and I had with Paul Miller of Bush Lake Tool on Monday, February 7th. The original concern of Bush Lake Tool was the excessive cost they incurred when constructing two small offices within their main building. Paul Miller, LeRoy and I reviewed the specifics behind the complaint and , although Paul still felt the cost to be exces- sive , I believe he did realize other factors were involved that were beyond the City' s control . In discussing the specifics we learned that Bush Lake Tool had hired a carpenter on a time and materials basis and that the carpenter had given them an initial estimate of about $4500 to $5000. It was the carpenter who stopped in to get the build- ing permit and was told that the structure would have to meet certain code requirements . The code requirements for two offices that would allow Bush Lake to store materials on the ceilings were : a load bearing ceiling of 125 lbs . per square foot , a railing, and a stairway. These code requirements were clearly listed in the State building code and LeRoy was able to point this out to Paul Miller at the meeting. These three items were not included in the carpenter' s original estimate ; however, LeRoy does not believe that the three items alone pushed the total project cost to $10 ,000 as was the perception of Paul Miller and others at Bush Lake Tool . Paul Miller also stated that the painters involved seemed to have taken an exceptionally long time , and perhaps that also contributed to a cost that exceeded their initial estimates . It is difficult for LeRoy or me to evaluate the impact of the meeting we had with Paul Miller. In one sense we probably appeared T 17 e If earlOf P r U o r L' s s V a t 1 C 1J An Equal Opportunity Employer Mr. Paul Wermerskirchen Page Two / , February 11 , 1983 to be genuinely concerned about what happened; however, Paul may have felt we simply were making excuses or passing the buck by blaming it on the State building code. Perhaps it would be use- ful for the I .C.C. member leading the tour to make a follow-up call in a week or two to determine how Paul actually felt about our meet- ing. We , as City staff , are eager to follow up on the concerns that come out of the I .C .C. tours . I believe that the concerns can be communicated to me as they were in this case , and we can provide the I .C.C. with a letter similar to this following-up on our find- ings . Please include this letter in your next I .C.C. agenda. Sinc rely John K. Anderson City Administrator JKA/jms cc : City Council /Y PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 3, 1983 Chrm. Schmitt called the meeting to order at 7:34 P.M. with Comm. Koehnen, Czaja, Perusich and Stoltzman present. Absent were Comm. Rockne and Coller. Also present were Don Steger, City Planner and Cncl. Vierling. The City Planner called for nominations for Chairman of Board of Adjustments and Appeals. Czaja/Stoltzman moved to nominate John Schmitt for Chairman. Koehnen/Stoltzman moved that nominations for Chairman be closed. John Schmitt received a unanimous vote for Chairman. Koehnen/Stoltzman moved to nominate Joseph Perusich for Vice-Chairman. Czaja/Stlotzman moved that nominations for Vice-Chairman be closed. Joseph Perusich received a unanimous vote for Vice-Chairman. Czaja/Koehnen moved to approve the minutes of January 6, 1983. Motion carried unanimously. Perusich/Stoltzman moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:37 P.M. Don Steger City Planner Diane S. Beuch Recording Secretary /V PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 3, 1983 Chrm. Schmitt called the meeting to order at 7:32 P.M. , with Comm. Koehnen, Czaja, Perusich and Stoltzman present. Comm. Rockne and Coller were absent. Also present were Don' Steger, City Planner; Julius A. Coller, II, City Attorney and Cncl. Vierling. The City Admr. arrived later. The City Attorney administered the Oath of Office to Joseph Perusich. Czaja/Perusich moved to recess to the Board of Adjustments and Appeals meeting. Motion carried unanimously. Meeting recessed at 7:34 P.M. Czaja/Perusich moved to re-convene the meeting at 7:37 P.M. Motion carried unanimously. ETF CTIONS Czaja/Stoltzman moved to nominate John Schmitt for Chairman of the Planning Commission. Koehnen/Perusich moved that nominations for Chairman be closed. John Schmitt received a unanimous vote for Chairman. Koehnen/Stoltzman moved to nominate Joseph Perusich for Vice-Chairman. Czaja/Schmitt moved that nominations for Vice-Chairman be closed. Joseph Perusich received a unanimous vote for Vice-Chairman. MINUTES Chrm. Schmitt stated Comm. Koehnen requested approval of the minutes be deferred until next month so she can check them further. Comm. Czaja stated that in the minutes of January 6, 1983 on page 4, second to the last paragraph, should have Comm. Czaja reporting on the ICC tour, not Comm. Stoltzman. The City Admr. arrived and took his seat at 7:40 P.M. 1982 ANNUAL REPORT Perusich/Koehnen moved to accept the 1982 Annual Report of the Shakopee Planning Commission and Shakopee Board of Adjustments and Appeals, and forward it to the City Council. Motion carried unanimously. DISCUSSION - DEVELOPMENT OF 1000 BLOCK ON EAST THIRD AVENUE Cletus Link stated he has taken an option on some property on Third Avenue between Naumkeag and the vacated Prairie Street. This consists of three lots and the vaca- ted alley of 22 feet. He said for the development he has in mind some variances would be needed. Discussion followed regarding just how much property was there and how much variance would be needed. Shakopee Planning Commission February 3, 1983 Page 2 Mr. Link stated his hardship is that there is no land available to expand to. The City Planner stated the property would have to be re-platted and variances would be requested for lot width, lot area and sideyard setback. Mr. Link stated that if he couldn't get the variances for three units on this property, he wouldn't pursue development because it wouldn't be financially possible. He added these units would be the same as the ones on Fourth and Naumkeag. He stated there is a structure on the property now, that is unsafe and a fire hazard, which would have to be demolished and removed before development would take place. Discussion followed. Mr. Link stated a number of the neighbors in the area have talked to him about the development he has done in the area, and they are encouraging him to develop this area. Chrm. Schmitt stated these proposed structures would be similar to what is in the area, and the lot size is similar to what is in the area, and he felt the City would benefit from the development of this property. Consensus was generally favorable to the proposed development. DISCUSSION - ROUND TABTJ ITEMS The City Planner stated he feels the Planning Commission should only be addressing items that are planning oriented. Other areas of concern by Commissioners could better be handled directly by the appropriate department heads. The City Admr. stated the intent is to get the policy-making bodies to spend time only on policy items, and not tie up the Commissioners discussing items that should be handled by City staff. INFORMATIONAL ITEMS Perusich/Stoltzman moved to accept staff's approval of the Conditional Use Permit Review for Ashland Chemical Company. Motion carried unanimously. Perusich/Stoltzman moved to approve the annual review of the Shakopee Sports Cen- ter's Conditional Use Permit. Motion carried unanimously. The City Planner stated the City Attorney has informed him that the only options the City has regarding the operation of Shannon's Place is to close it down or con- sider granting a variance from the six-month non-conforming use clause. He added this variance, if granted, must be to the property owner, not the business owner. If a variance from the six-month non-conforming use clause is granted, it must satisfy the six criteria for granting a variance. DISCUSSION - SITE NO. 31, SHAKOPEE SLUDGE FARM Chrm. Schmitt suggested setting some standards regarding storage of sludge, making it very strict to force sludge storage back to the facility producing the sludge. The City Admr. suggested a strict local ordinance relative to nuisance element regarding the smell. Chrm. Schmitt said the ordinance should be written to apply to anyone outside the treatment facility, so it would be deemed fair and equitable to all. Discussion was held about whether or not Blue Lake Treatment Plant would have to have substantial modifications to produce sludge acceptable for spreading. Comm. Czaja stated one of the problems is the rating of heavy metals in the sludge is not clearly addressed. Shakopee Planning Commission February 3, 1983 Page 3 Comm. Koehnen stated she was told by Svenn Borgersen, Waste Control Commission representative, that the City should get the Minnesota Pollution Control-Agency (MPCA) to put in writing exactly what agronomic rates are. She stated there has not been an acceptable definition of agronomic rates. The City Admr. stated he felt the best information the City now has is in the letter from Mr. George W. Lusher, Chief Administrator of the Metropolitan Waste Control Commission (MWCC),. dated July 16, 1982. He thought that letter might be pursued to tighten up a couplle of items, but it was the first concrete statements the City has received. Cncl. Colligan was present in the audience and stated incineration has now been found to be the most cost-efficient means of disposal of sludge, and all the incin- eration plants are receiving renovations. He said everything at Blue Lake now goes to Ceneca to be incinerated. He also said that because MWCC owned Site 31, they can do whatever they want there. He said they are just hanging onto the pro- perty because they can't decide what to do with it. Further discussion ensued regarding monitoring and detecting abuses and the setting of criteria for spreading and storing sludge, and possibilities for challenges in a Court of Law. The City Admr. stated an environmental impact study has to be made on the site, and that again will give the City something concrete to deal with. The City Admr. is going to attempt to get a clear definition of agronomic rates. DISCUSSION - MINN. MANUFACTURED HOUSING LAW The City Planner stated a change in the zoning ordinance could be made in, response to this new law if the City does not want mobile homes located throughout the City. He stated the easiest way to do this would be to require a minimum width of 24 foot per detached single family home, which would eliminate the single wide mobile home. Chrm. Schmitt added a standard foundation should also be required. The consensus was agreement with the two requirements. MISCELLANEOUS CONCERNS Comm. Czaja reported on the ICC Tour of Rahr Malting, and listed their concerns. Comm. Stoltzman questioned the City Admr. regarding some development programs that were being utilized by Savage, and asked if Shakopee could take advantage of simi- lar programs. The City Admr. responded that as far as he knew that type of program needed a very large developer, which Shakopee does not have. Comm. Perusich asked for a clarification as to why the Submarine Shop needed a Conditional Use Permit for a game room and Capone's did not. The City Planner answered the Sub-Machine Shop's fast food in a B-1 Zone required the Conditional Use Permit. Perusich/Koehnen moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:55 P.M. Don Steger City Planner Diane S. Beuch Recording Secretary ?elerans of Jore.iyn )ars 1 5 of the Yinlleof CS/ales 2no/ D1slricl Loyally Day Gommillee q,t G ,T 4 Chairman /l ua ihary Chairman Y. .^ _- Roger 0. Dedeker Betty Monnens April 30 - May 1. 1983 VFW Post 4046 Shakopee, Minnesota 55379 January 26, 1983 TO: City of Shakopee Officials, Other Officials, and Organization Leaders FROM: Second District Veterans of Foreign Wars Loyalty Day Committee RE: Loyalty Days - April 30 & May 1, 1983 Ladies and Gentlemen: Nineteen years ago, the Shakopee Veterans of Foreign Wars Post #4046 and Ladies Auxiliary hosted the Second District V.F.W. Loyalty Day Convention, which was held in conjunction with Loyalty Day on May 1. Due to the excellent cooperation of our City and Organizations, at that time, we had a most successful convention. The Shakopee V.F.W. Post #4046 and Ladies Auxiliary are honored to again have this Second District V.F.W. Loyalty Day Convention here, in the City of Shakopee, on April 30 and May 1, 1983. In order to prepare for this special occasion, we cordially invite you to attend a Kick-Off Party, at the Shakopee V.F.W. Post #4046 Clubrooms, on Sunday, February 13, 1983, at 2:00 P.M. It will be with the help of all, that plans made at this Kick-Off Party for Loyalty Days materialize. Your contributing efforts will make you proud to be a Loyal citizen of this great country of ours. Enclosed is a postcard for your convenience to advise us if you or your representative will be able to attend this party. Yours in Patriotism, ® , Roger Dedeker Betty t nnens Second District Loyalty Day Chrm. Second District Aux. Loyalty Day Chrm. -r ,...i ..4 .4%.1,..6,•,..6,4,..“.4 ,...4 • (A L1 (..( Cr1 U(A U :AIM(A IM .A,M • (A A :A W •A 'A(A 1.M (A A IM(M<A,.1 'A.A • -.44•4 41 .- La '.:1 •J1 0 U) .n(n.n n .n(n * (A 9 (A G(A :A (A G :4 L.u(A -A G i .-r 7.N r• V•r+r r .+r r r 1-r r • L C J) .1 •J ._ 3 ., • V• .0 '.1 IA La A N N N r n .) * 0 'A LA(9 •A(A u u G a • .'O r n Z 'p -.4.0 G N 7. X000 V O'UI * 040 N O. 0(4 N r r(D V 0%U) • r a0!D V 01 .11 A U Nr C. 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Il • • • • -•c) C -1 I• 1 r.1 w • Y -J i) :M • f..l N t J 40 -I C " A • • • • I• • N ) Iv i '14 1r TENTATIVE AGENDA* Energy and Transportation Committee Shakopee , Minnesota City Hall Council Chambers Special Session *February 24 , 1983 1 . Roll Call at 7 : 30 P.M. 2 . Accept Special Meeting Call 3 . Approval of Minutes of January 27 , 1983 4. Update on Opt-Out Provisions 5 . Transportation Survey a. Review of progress to date b. Analysis of results (discussion) 6 . Survey of Current Bus Riders (discussion) 7 . Types of alternative transit services to be provided under opt-out (discussion) 8 . Other Business 9 . Adjourn Jeanne Andre Administrative Assistant * NOTE THAT REGULAR MEETING SCHEDULED FOR FEBRUARY 17TH WILL BE CHANGED TO FEBRUARY 24TH DUE TO ANTICIPATED LACK OF QUORUM. STAFF MEMOS FOR THIS AGENDA WILL BE MAILED THE WEEK OF THE 17TH. 4 . • Published Notice April 28.1990/Shakopee Valley News/Section 2/Page 9 r OFFICIAL PROCEEDINGS OF the Final Plat of Macey's 2nd Shakopee Lumber 56.18 THE CITY COUNCIL Addition so no action was needed at Shakopee Valley Pub........ 50.43 Adj.Reg.Session this time on Resolution No. 1585, A SPDC 2,159.95 µ Shakopee,Minnesota Resolution Approving the Final St. Francis Hospital 40.00 March 18,1980 Plat of Macey's 2nd Addition. Standard Oil 8,067.20 Mayor Harbeck called the meet- Hollander/ Lebens offered Starks Cleaning 80.40 c.* ing to order at 7:35 p.m. with Cncl. Resolution No. 1586, A Resolution Steins, Inc. 14.00 Lebens, Hollander, Colligan, and Ordering Improvement and Pre- Don Streicher Guns 157.78 Reinke present. Absent: Cncl. paration of Plans for the 80-1 Teledyne Post 38.755 Leroux.Also present: City Admin., Sanitary Sewer Laterals in Hauer's Jin Tack 53. 8 Douglas S. Reeder; City Eng., H. Area,8-115-22. Motion carried with U. S. Postmaster 430.00 R.Spurrier; HRA Director,Jeanne Cncl. Reinke abstaining due to his Valley Equipment Co. 51.85 `, Andre; Finance Director, Gregg being personally affected by this Voxland 828 , Voxland and Assistant City project. Van GreggSickle-Allen 1,338.15 Attorney, Rod Kracs. Hollander/Colligan moved to Wahl & Wahl 724.80 Hollander/ Co;..gan movedto table action on Resolution No. 1586 Xerox Corp. 196.92 recess for the Shakopee Housing until a full council could be present. ZECO Co. 12.83 and Redevelopment Authority's Hollander/ Reinke moved to Barbarossa&Sons 607,352.50 meeting. Motion carried unani- accept the Mutual Aid Pact be- MN Valley Co-op 72.63 mously. tween Bloomington and Shakopee Lonestar Life 7 50 Hollander/ Lebens moved to and that the proper City officials be MN Benefit Assoc. 135.46 reconvene at 8:35 p.m. Motion designated to enter into that agree- Minnesota CLE 60.00 carried unanimously. ment and also that the Chief of University of MN 225.00 Mayor Harbeck reported on the Police be the designated.party for Kathy Kirkpatrick 353.47 report issued by the Action Alert this request. Motion carried unani- No.Hennepin Comm.College 65.00 regarding the interest rate bill. mously. MN Park Supervisors Assoc. 16.00 Cncl. Hollander suggested that Discussion was held on the re- MFOA 200.00 the County work with the State for quest by the developers of the Comm.of Revenue 6,510.94 the use of the Minnesota Correc- Sandlewood Subdivision for the 1st Natl-Shakopee 15,904.70 ' tional Institution facilities. He installation of a public roadway pERA 4,625.57 stated that this suggestion was due with the City to assess the costs to 1st Natl-Shakopee 480.0011 bill beingpassed by the developed lots. MN Book Store 260.00 to a / Lebens moved to. 657.00 Legislature to study the possibility ColliganSPUC of building a new $250,000 facility. agree with the staff recommenda- Metro Waste 51,297.92 He also stated that besides the tion that the public roadway not be Eunice Dedecker 24.36 Shakopee location, the location of built by the Cit} of Shakopee for the Marie Lebens 14.21 the Lm-O-Lakes area was being Sandlewood Subdivision because Rose Mertz 146.16 considered for the building of a new the plat does not include lots withGenevieve Stocker 30.45 facility. sewer and water. Motion carried Scott County HRA 280.50 I Cncl. Hollander reported re- unanimously. Von Klug&Assoc. 1,412.79 ceiving a call from Harold Schmidt Harbeck/ Colligan moved that Julius Coller 57.00 regarding the excessive water run- a resolution be drawn up.stating Wermerskirchen Abstract 59.20 off on his property. that the City does not enter into any Cindy Walz 343.10 -arold Schmidt was present Chapter 429 projects to construct Richard Setter 100.00 and stated that he had paid over roadways in platted areas which do Earl Johnson 100.00 $1,400, for the West Side Storm not have public utilities. Motion 1st Natl.-Shakopee 350,000.00 Sewer Project and the water is carried unanimously. U S. Postmaster 140.00 backing up to a degree to create a City Admin. reported on the Duluth Convention 160.00 potential flooding of his basement. land under condemnation near the 1st Natl.Shakopee 480.00 Reinke/ Harbeck moved to proposed Sandlewood Subidivision. pERA 4,626.89 direct the Engineering Depart- tie stated he had met with the new Gary L.Aslakson 300.00 ment and the Public Works Depart- owner of this piece of property and Bankers Life 4,488.74 ment to make sure that Mr. had come up with the solution Conner-Heppe, Inc. 650.00 Schmidt's basement does not get needed in order to obtain roadway Dean B. Colligan 26.00 flooded.Harbeck Discussion Hollander moved to easement.Hollander/ Colligan moved Champ onship Assoc.r. Awarof ds 5 00 56.00 E amend the motion to delete the that the City agree with the prop- Empirehouse Glass.Inc. 437.00 words "does not get flooded" to erty owner tha for the taking of a Hennepin Tech. Center 100.00 i read "Do everything possible to road the City will not reduce his lot James N. Karkanen 12.83 ' prevent the flooding of Mr. to less than 10 acres and that he Gary Kerkow 12.45 Schmidt's property.' Motion will not be assessed for the cost of Lambrecht Construction 425.89 carried unanimously. the installation of the road with the Local union No. 320 173.50 Upon question from the chair understanding that the property St. of MN Document Div. 15.00 shall the main motion now pass as owners work with the City to grant St.of MN Dept.of Labor 14.00 amended? Motion carried unani- the easements and right-of-ways NW Bell 7 90 mously. needed. Motion carried unani- Police Magazine 11.97 City Admin. questioned if the sly. Tuire Rinta 205.00 reason behind this motion was due ity Eng. stated that all but one Sundance Medical 35.00 to the assessments paid for the of the bids received and opened for Todd Publishing,Inc. 22.50 West Side Storm Sewer Project for the 4th and Minnesota revitalize- Janet Witkowski 11.02 this one individual in this one tion Project did not meet specifics- TOTAL 1,096,828.12 articular area and to help prevent tions. The City Attorney has stated Reinke/ Colligan ;moved to that one bid does not constitute a pgfor problem or if this was to be a competitive bid,therefore,the City nominate Russ NoIting appoint- - policy set up by Council. City Eng recommended a new bid Ment to the Shakopee Public Council concurred that this was aUtilities Commission. special individual case and not to opening date be set and recon- Hollander/ Lebens moved be City policy. sideration be given. nomination cease. Motion carried Cncl. Reinke reported on the Hollander Harbeck moved to unanimously. reject all the bids received for the CityAdmin. stated that accord- ing Utilities meeting held theon Minnesota Street Project and to March 12th where policies and rebid the project on March 31st ung to the Resolution which had Holmes Street project was p j been just recently adopted, the discussed along with the letter with consideration of the bids to be appointment could not be made which was sent out to all residents made on April 1 1980. Motion until the next meeting of the City notifying them of the public meet- carried unanimously. Council. t` ing to be held March 19th on the Bernie Lamppa of Ideal Enter- Hollander/ Lebens moved that Holmes Street Project. prises,stated he was the low bidder Dennis Anderson be appointed as Cad. Reinke also reportedpon and had never seen a documents- Police Sergeant.l ;u, _.�s_ s_,.,... _.,a=�ffinnk tsvina nn flan of this type but" would be Rn11 ea . Avec - .unanimous. TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 15 , 1983 Mayor Reinke presiding • 1] Roll Call at 7:00 P.M. 2] Liaison Reports from Councilmembers 3] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 4] Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *5] Approval of Minutes of February 1st and 8th, 1983. 6] Communications : a] Jack Robertson, Robertson & Associates , Inc . re: offering professional services b] Mn. Dep ' t . of Economic Security re : Governor' s job training council c] Al Kehr re : the closing of the Dep ' t. of Natural Resources ' metro regional office in St. Paul - Res. No. 2113 7] Public Hearings : None 8] Boards and Commissions : a] Downtown Ad Hoc Committee: aa] Res. No. 2112 , Expanding Membership *bb] Accepting resignation of Bill Berens *cc] Nomination to fill vacancy b] Planning Commission & Board of Adjustments and Appeals aa] 1982 Annual Report 9] Reports from Staff: _Ar-0/J1 , .1r- a] Lease with the Shak-O-Valley Amateur Hockey, Inc . Q+�' ' �`�f1 ,, b] Dram Shop Insurance Coverage for 3 . 2 Beer Licensees - tbld 2/1 c] Criteria on Reviewal of Applications for IR bonds ..f *d] Request for Transfer of Off Sale Liquor License of Weiss Co. 1-e] Feasibility Report on 5th Ave. Improvements from Spencer to Fillmore +f] Valleyfair Sewer Meter ,t. g] Halo 1st Addition Letter of Credit with Citizens State Bank -h] Approval of bills in amount of $388,361 .39 -f-i] City ' s Two Percent 429 Project Interest Surcharge —j ] Assessing Improvement Projects Prior to Awarding Contract 10] Resolutions and Ordinances: 4- a] Res. No. 2111 , Amending City' s Personnel Policy 4. *b] Res. No. 2109 , Appointing Certain City Officials and Employees to the Shakopee Deferred Compensation Plan for Tax Exempt Employees ' Committee ¢*c] Res. No. 2110, Supporting Valleyfair' s Request to Allow Informational and Directional Signing on State Trunk Hwys 11] Other Business: a] b] c] 12] Adjourn to February 22 , 1983, at 4:30 P.M. (continued discussion on City' s goals and objectives) John K. Anderson, City Administrator OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 1, 1983 Mayor Reinke called the meeting to order at 7:10 P.M. with Cncl. Wampach, Lebens, Vierling and Colligan present. Cncl. Leroux arrived later. Also present were Julius A. Coller, II, City Attorney; John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; Jeanne Andre, Admin. Ass't. and H. R. Spurrier, City Engineer. Lebens/Vierling moved to recess to conduct an HRA meeting. Motion carried unanimously. Colligan/Vierling moved to re-convene at 7:25 P.M. Motion carried unanimously. Liaison reports were presented by Councilmembers. Mayor Reinke asked if there was anyone present in the audience who wished to ad- dress the Council on any item not on the agenda, and there was no response. Colligan/Lebens moved to approve the minutes of January 18, 1983 as kept. Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried. Colligan/Lebens moved to approve the use of the police building for preparation of Senior Class party decorations. Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried. Colligan/Lebens moved to direct staff to write to the Governors Job Training Council advising them that the City of Shakopee favors the retention of the North Star Consortium as a Service Delivery Area for implementing the Job Training Partner- ship Act within Scott County and that the City of Shakopee would be willing to par- ticipate in planning or organizational activities. Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried. Colligan/Lebens moved to accept the 1983 legal fees of Krass, Meyer, Kanning & Walsten, Asst. City Attorney, as outlined in the memo to the City Admr. dated January 17, 1983. Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried. Colligan/Lebens moved to accept the resignation of Loren Wolfe from the Shakopee Energy and Transportation Committee, effective immediately, and moved not to ap- point a replacement to the Energy and Transportation Committee at this time. Roll Call: Ayes; Unanimous Noes; None Absent:Leroux Motion carried. Colligan/Lebens moved to request the MTC to discontinue the alternate route past the highrise on Levee Drive. Motion carried unanimously. Lebens/Vierling moved to authorize the Energy and Transportation Committee to con- duct the Transportation Survey as approved by the Committee at its January 27, 1983 meeting, and authorize the provision of refreshments for volunteers. Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried. The City Clerk gave some background on Liquor Liability (Dram Shop) Insurance Coverage for 3.2 beer licensees with sales under $10,000, and the City's liability. She stated if the City does not require liquor liability insurance for those busi- nesses with sales under $10,000 for 3.2 beer or wine, the problem is how to monitor the amount of those sales. The City Clerk stated she checked with one insurance agency who stated there is currently a small risk policy available for $500 per year. Hopefully, in the future there will be a policy available for less, such as $227, plus $100 for a membership fee. The City Clerk stated she notified all Shakopee 3.2 beer license holders that dis- cussion of this matter would be on the agenda tonight. The City Attorney further clarified the license holders' and the City's liability under this law. He stated he cannot see the basis for the exception to the insurance requirement based on amount of sales. He stated this law goes into effect March 1, 1983, after which all new applications would be subject to this law. But those currently holding liquor licenses would not have to comply until their renewal in July. He stated he felt the best way for the City would be the simple way of re- quiring liability insurance for all 3.2 beer license holders, but that would also be the most expensive way for the businesses. Shakopee City Council February 1, 1983 Page 2 Discussion followed regarding a concern for those small businesses for which this additional insurance would be a hardship, adequate protection for the City, and possibilities of monitoring sales of businesses. Lucy Rein, representing Jim & Lucy's, stated they have a set-up license, and asked if this would apply to them. The City Attorney stated this does not apply to her business because they are not a liquor dealer. She stated if they had to get this insurance, she didn't know if they could keep their license . She stated it would be easy to provide records of the 3.2 beer sales. JoAnne Pauluk of Tom Thumb, stated it only took her 5 minutes to obtain her records of 3.2 sales. She stated the amount of her sales, minus the liquor license cost and bonding and dram shop insurance would not allow her to afford to carry 3.2 beer. She stated she mainly carries 3.2 beer as a convenience for her shoppers, and she would lose a lot of customers if she did not have that available with the other groceries. Cncl. Leroux arrived and took his seat at this point, 7:55 P.M. The City Clerk stated the law is so new, and many insurance agencies are not sure how to handle it yet. Bud Berens stated all his statements are paid by check, so they would have a sep- arate accounting of the 3.2 beer invoices. He wanted clarification about the date it would go into effect. The City Attorney responded it would be when he renews. Mr. Berens said his insurance agent said there would be no increase in premium for him. He stated he does not have a high volume in 3.2 beer sales, and he carries it more as a convenience. Discussion followed regarding the real cost of additional insurance to those with a volume of 3.2 beer sales under $10,000. Colligan/Wampach moved to table discussion of the liquor liability insurance require- ment until the next Council meeting, with direction to staff to further check out insurance agencies for rate quotes and check with the League for their involvement. Motion carried with Cncl. Leroux abstaining because he was not present for the en- tire discussion. Bob McAllister, animal warden, stated he is currently receiving $25 per pick-up as a flat amount from the City, and he would like that raised to $35 per animal. He stated there would be a possibility of going back on a retainer contract, with an additional amount for board and pick-up. He stated if he comes into town in response to a call and fails to find the animal, he can't make out on $25. The City Admr. gave the rates and arrangements Mr. McAllister has with six other communities. He has a retainer with all other cities. Mr. McAllister stated the retainer covered cruising and Court costs. Mr. McAllister stated he does patrol in the City, besides answering specific calls. He stated the claim rate for animals is down, probably because of the economy. He stated he does not sell any animals to the University, but does sell to another kennel. The City Admr. stated Mr. McAllister is on call 24 hours a day, 7 days a week. Cncl. Leroux stated Shakopee 's ordinance specifically states the animal must be disposed of, and does not allow for transfer of animals to the University, except for rabies testing. He stated that Mr. McAllister't facilities are more than adequate. Mr. McAllister stated he was unaware of any disposal clause, but he did know he could sell the animals. He stated it would cost a minimum of $5 per animal to have it put to sleep. Colligan/Leroux moved to increase fees to the animal warden, to pay $35 per animal picked up for 1983. Motion carried with Cncl. Lebens opposed. The City Clerk gave the results of the earlier balloting for 1983 Committee and Commission appointments. Leroux/Colligan moved that a unanimous ballot be cast for John Roepke for a posi- tion on the Police Civil Service Commission. Motion carried unanimously. I Shakopee City Council . February 1, 1983 Page 3 Leroux/Colligan moved that a unanimous ballot be case for Lillian Abeln and William Anderson to three year terms on the Shakopee Communications Advisory Commission. Leroux/Vierling moved to appoint Lee Davis and Janet Williams to the two-year terms and Bill Harrison to the one-year term to the Shakopee Communications Advisory Commission. Motion carried unanimously. Colligan/Vierling moved to appoint David T. Rockne and Joseph S. Perusich to four year terms on the Planning Commission. Motion carried unanimously. Vierling/Leroux moved to appoint Jane DuBois and Al Furrie to 3 year terms on the Industrial/Commercial Commission. Motion carried unanimously. Lebens/Wampach moved to appoint Bob Ziegler to a two year term on the Community Services Board. Motion carried unanimously. Leroux/Lebens moved to reconsider approval of the minutes of January 4, 1983. Motion carried unanimously. Leroux/Lebens moved to amend the minutes of January 4, 1983, page 3, paragraph 11, by striking the word "not", so that the motion would read, "Mrs. Bernard Neimeyer, 1128 East 2nd, stated she is in favor, but it depends on financial details and adequate buffering from the new development for the neighbors. " Motion carried unanimously. Leroux/Vierling moved to approve the minutes of January 4, 1983 as amended. Motion carried unanimously. Colligan/Lebens moved to authorize proper City officials to prepare and execute a new park dedication agreement with the developers of Minnesota Valley 3rd Add'n extending payment to February 15, 1989, or at the time of the issuance of any building permit, whichever occurs first. Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried. Colligan/Lebens moved to authorize proper City officials to execute maintenance contract with Associated Mechanical for $1,335.00. Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried. Colligan/Lebens moved that bills in the amount of $350,579.10 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Discussion was held with the City Engineer regarding Fifth Avenue, from Spencer Street to Fillmore Street, with the City Engineer expanding upon a number of problems in the area. Leroux/Colligan moved that the City Engineer return the Feasibility Report to the Council so they may conclude the project is not feasible in a technical sense. Discussion followed regarding costs incurred. Roll CAll: Ayes; Unanimous Noes; None Motion carried. Discussion ensued regarding the City's 2% 429 Project Interest Surcharge. The City Admr. added some explanations regarding where the money goes, as far as which fund is involved. Leroux/Vierling moved to table discussion of this item pending recommendation from the ICC. Motion carried unanimously. Colligan/Lebens offered Resolution No. 2105, A Resolution Amending Resolution No. 1876, Adopting a Personnel Policy for the City of Shakopee, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Absent; Leroux Motion carried. Colli.n/Lebens offered Resolution No. 2108, A Resolution Authorizing the Sub- mission of a Community Development Block Grant for Fiscal Year 1983, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Absent; Leroux Motion carried. Colli .n/Lebens offered Resolution No. 2106, A Resolution Abating An Assessment Against A Certain Parcel for the Holmes Street Storm Sewer Improvement District No. 1980-3, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried. Shakopee City Council February 1, 1983 Page 4 Colligan/Lebens offered Resolution No. 2107, A Resolution Requesting that the Minnesota Department of Natural Resources Establish the Ordinary High Water Mark for Deans Lake, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Absent; Leroux Motion carried. The City Engineer informed Council regarding the soils report for the Memorial Park pedestrian bridge site, in conjunction with the use of FABCON materials. The City Engineer initiated discussion relative to using crushed concrete from FABCON to rebuild the Eaglewood road. Considerable discussion ensued. The City Engineer stated he would recommend some policy decisions be made in connection with road maintenance. He would recommend that a 20 year life be set for roads, during which time the City would have the main responsibility for maintenance. After the 20 year life of the road, if there were extraordinary maintenance that had to be done, it could be assessed. The general consensus was to look at some type of assessment policy, probably determined by the age of the road. Alternatives regarding who can be assessed should be researched, and also precedent-setting projects of this nature that had been done in prior years and those that might be upcoming in the next few years should be checked out. Vierling/Leroux moved to approve payment to John K. Anderson in the amount of 521.66 for travel/subsistence reimbursement. Roll Call: Ayes; Wampach, Lebens, Vierling, Leroux, Reinke Noes; Colligan Motion carried. The City Attorney stated he has received a very evasive answer from Capesius Agency regarding the City's insurance coverage of the hockey bubble. That agency also stated they are not insuring Shak-0 -Valley Hockey. The City Attorney stated notice had been sent out to the Hockey Assoc. relative to the insurance requirements, and the 30 days to correct the defect are up on February 17, 1983. They were notified to come before the Council on February 15 and explain if they cannot pro- vide that insurance as required. Leroux/Colligan moved that when Council adjourns, it adjourns to February 8, 1983 at 3:00 P.M. at Council Chambers. Motion carried unanimously. Vierling/Lebens moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:55 P.M. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ . REG . SESSION SHAKOPEE, MINNESOTA FEBRUARY 8 , 1983 Beginning at 3 :00 P.M. Department Heads met with members of the City Council for the purpose of discussing the City ' s 1983-1984 Goals and Objectives . Because of the lack of a quorum, the Council meeting was not convened. Discussion was held on the draft list beginning with item number 51 and continued through item number 87 . At 4:04 P.M. Mayor Reinke called the meeting to order with Cncl . Vierling, Wampach, and Leroux present. Cncl . Lebens was absent and Cncl . Colligan arrived late. Also present were City Administrator John Anderson and Department Heads : Jeanne Andre , Tom Brownell , Judy Cox, LeRoy Houser, Jim Karkanen, George Muenchow, Bo Spurrier, Don Steger and Gregg Voxland. Discussion continued on the goals and objectives for the City of Shakopee. Cncl . Colligan arrived at 5 :00 P.M. Leroux/Colligan moved to adjourn to Tuesday, February 15, 1983 at 7 : 00 P.M. Motion carried unanimously. Meeting adjourned at 6 : 15 P.M. Judith S . Cox Recording Secretary City Clerk • ROBERTSON & ASSOCIATES, INC. V j„ a1 2409 Russell Avenue South, Minneapolis, MN 55405 Minneapolis 612,'377-6109 St. Paul 612/696-6291 January ?8, 1983 Mayor Eldon Reinke e(51C>.? . City of Shakopee 3071 Hauer Trail Shakopee, MN 55379 ° ' if-' �t�.• _ v� Dear Mayor Reinke: As you are probably aware, the 1982 State Legislature passed a new law which gives new water management authorities and responsibilities to all communities within the Twin Cities Metropolitan Area. This law is commonly referred to as the Levi-Merriam bill or Chapter 509 of the session laws. A summary of this legislation is enclosed for your review. This letter and the attached proposal offer professional services to assist your community, and other communities affected by this legislation, respond to the requirements of the new water management legislation. We have assembled a team of principle participants who have extensive experience in natural resource and water management, as well as public administration. The resumes of each principle are included in the proposal. Our research shows that the City of Shakopee lies within 2 sub-watersheds, namely the Shakopee and Sand Creek sub-watersheds. The attached proposal identifies the other communities also within the identified sub-watersheds and the requirements for coordination and planning. It is our hope that we can be of service to your community and your existing staff and consultants in complying with the specific requirements and deadlines posed by the law. If our proposal is of interest to you, we would he happy to make a presentation to you or your Board or Council at no obligation. We will be contacting you in approximately two weeks to further discuss our proposal and any questions you may have at that time. If you have any questions before then, feel free to write or call 696-6291 or 377-6109. Sincerely, Jock Robertson Robertson and Associates, Inc. Enclosure Management Planning Information Systems Veterans of Joreign )ars 15 of Me Milted- (States 2nd 17islricl Loyally Day Commillee 0s aANG ,T Gq/A, Ciliairman Juxi/j'ary Cilairinan Roger 0. Dedeker Betty Monnens April 30 - May 1, 1983 VFW Post 4046 Shakopee, Minnesota 55379 January 26, 1983 TO: City of Shakopee Officials, Other Officials, and Organization Leaders FROM: Second District Veterans of Foreign Wars Loyalty Day Committee RE: Loyalty Days — April 30 & May 1, 1983 Ladies and Gentlemen: Nineteen years ago, the Shakopee Veterans of Foreign Wars Post #4046 and Ladies Auxiliary hosted the Second District V.F.W. Loyalty Day Convention, which was held in conjunction with Loyalty Day on May 1. Due to the excellent cooperation of our City and Organizations, at that time, we had a most successful convention. The Shakopee V.F.W. Post #4046 and Ladies Auxiliary are honored to again have this Second District V.F.W. Loyalty Day Convention here, in the City of Shakopee, on April 30 and May 1, 1983. In order to prepare for this special occasion, we cordially invite you to attend a Kick—Off Party, at the Shakopee V.F.W. Post #4046 Clubrooms, on Sunday, February 13, 1983, at 2:00 P.M. It will be with the help of all, that plans made at this Kick—Off Party for Loyalty Days materialize. Your contributing efforts will make you proud to be a Loyal citizen of this great country of ours. Enclosed is a postcard for your convenience to advise us if you or your representative will be able to attend this party. Yours in Patriotism, Age2 Roger Dedeker Betty / nnens Second District Loyalty Day Chrm. Second District Aux. Loyalty Day Chrm. NEWS RELEASE 613 Minnesota Department of Economic Security 390 North Robert Street, St. Paul, Minnesota 55101 612 296-2536 January 17, 1983 Public Information and Education Richard Williams, Director FOR IMMEDIATE RELEASE (612) 296-2536 Governor' s job training council seeks members The Governor' s Job Training Council is accepting applications for membership. The council , which oversees federal job training programs in Minnesota, comprises representatives of business and industry, labor, government, educational agencies and community, minority and handicapped organizations. Half of the council members will serve one-year terms . Half will serve four-year terms. Council members are reimbursed for expenses when attending monthly meetings . Applications are available from Mary Zierdt, Governor' s Job Training Office, 690 American Center Building, 150 East Kellogg Boulevard, St. Paul , MN 55101 (612) 296-6061 . Completed applications must be received by the Governor' s Job Training Office no later than 4:30 p.m. , February 8. - 30 - For further information : Mary Zierdt Governor's Job Training Office 690 American Center Building 150 East Kellogg Boulevard St. Paul , MN 55101 (612) 296-6061 DES-1475 (SN-03070) 6c. , ;, ,, ,,,, , - A'.--"‘ Al Kehr Consultants, Inc. �R :,:: ,� 988 W. County Road D � . , . Roseville, Minnesota 55112 February 3, 1983 To the Honorable Walter Harbeck, Mayor of the City of Shakopee; John K. Anderson, Manager; and Members of the Shakopee City Council The Minnesota Legislature has directed the Department of Natural Resources (DNR) to close its Metro Region Office, located on Warner Road in St. Paul, and transfer the functions of that office to an outstate DNR facility. I feel that this move would seriously affect the quality of service that DNR provides to local units of government and community residents. The DNR Metro Region Office is scheduled to close by the end of the month unless action is taken immediately. This issue is presently being considered by the Minnesota Legislature. Please consider the attached resolution regarding this matter at your next meeting. The enclosed newspaper articles provide background material on this issue. Please adopt the resolution and send a signed copy to me at the following address: t.C-Cet) Al Kehr 988 W. County Road D S�'fp�'�S -0 Roseville, Minnesota 55112 �� ��''``�� This resolution will be hand delivered to the Minnesota Legislature. f Thank you for your cooperation in this matter. L Sincerely yours, Cr(` IAJL-A Al Kehr MEMO TO : John Anderson City Administrator from: Don Steger City Planner RE : Downtown Committee DATE : February 10 , 1983 Attached is a letter from Dan Steil , Chairman of the Downtown Ad Hoc Committee , which requests that the City Council authorize expansion of the Committee up to 20 members . The Downtown Committee unanimously agreed to the expansion at their February 2 , 1983 meeting. Also attached are letters from Bill and Anthony Berens dealing with their membership on the Downtown Committee . Requested Action : 1 . Adopt Resolution No. 2112 , A Resolution Expanding The Membership On The Downtown Ad Hoc Committee And Amending Resolution No. 1822 . 2 . Accept the resignation of Bill Berens . 3 . Appoint Anthony "Bud" Berens to the Downtown Ad Hoc Committee . DS/ jvm Attachments 3 .. • s January 27 , 1983 Mr. John Anderson, City Administrator 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: As chairman of the Ad—Hoc Downtown Committee, I would like to request the City Council to consider expanding the number of voting members from nine to possibly 20. I am requesting that the Committee have the possibilities of expansion because as we move into different phases of redevelopment , I believe one of the strengths will lie in the individuals that are committed to the project and also the individuals that understand the redevelopment process. I believe that by expanding the number of members on the Committee, it will allow us to directly involve a greater number of people who will be directly affected by the downtown development project and also it will give more people in that affected area direct participation in the redevelopment project. Thank you very much. Sincerely yours , Daniel G. Steil Chairman, Ad—Hoc Downtown Committee DGS/mr To... Shakopee City Council Effective Immediatly, I wish to resign from the Shakopee Ad Hoc Downtown Committee. Thank You, Bill Berens 2/4/83 February 1 , 1983 Shakopee City Council John Anderson , City Administrator Don Steger , City Planner 129 East 1st Avenue Shakopee , MN 55379 TO WHOM IT MAY CONCERN : Please accept this letter as my interest in becoming an official voting member of the Downtown Ad Hoc Committee . Thank you very much for your consideration . Sincerely, Anthony ud) Berens 91!) jvm RESOLUTION NO. 2112 A Resolution Expanding The Membership On The Downtown Ad Hoc Committee And Amending Resolution No. 1822 WHEREAS , the Downtown Ad Hoc Committee was established and delegated the responsibility of preparing a downtown economic development strategy ; and WHEREAS , the Downtown Ad Hoc Committee has asked that their membership on the Committee be expanded to twenty (20) ; and WHEREAS , the expansion of the number of members on the Committee would permit the involvement of a greater number of people who will be directly affected by the Downtown Redevelopment Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that Resolution No. 1822 is hereby amended by expanding the maximum number of members who can be appointed to the Committee from eleven (11) to twenty (20) . Adopted in session of the City Council of the City of Shakopee , Minnesota , hell this day of , 1983 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1983 . (".i (-v At f nrnnv MEMO TO: John K. Anderson City Administrator FROM: Jane VanMaldeghem Planning SEcretary RE: 1982 Planning Commission/Board of Adjustment Annual Report DATE: February 4, 1983 At the Planning Commission meeting held February 3, 1983, the Planning Commission moved acceptance of the attached 1982 Annual Report and further recommended that it be forwarded to City Council . Since this is an information item for Council , for their records, there is no action that is being requested. JVM/jvm Attachment CIO} MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Lease with the Shak-O-Valley Amateur Hockey, Inc. , a Minnesota Non-profit Corporation DATE: February '10, 1983 The attached letter was mailed on January 19 , 1983 . On February 9th I spoke with Mr. Goihl and he stated that he has still not received the policy from the agent . He did emphasize , however, that there is insurance coverage. I also invited him to the February 15th Council meeting to address the Council , if he doesn' t receive the policy by then. I also asked him to provide a list of the officers of the corporation, who manages the operation and who reports to whom. JSC/jms Shak-O-Valley Amateur Hockey , Inc . =Building Fund Campaign P.O. Box 200 Shakopee, MN 55379 February 11 , 1983 Ms. Judy Cox City Offices 129 E. 1st Avenue Shakopee, Minnesota 55379 Dear Judy : Re: Shakopee Ice Arena 1 ) The attached binder is a legal contract for the Insurance that is being carried on the facility. In the past a Certificate of Insurance is the only documentation you required. The Certificate of Insurance and policy is forthcoming soon. It was held up until the claim was finalized. The mortgagee of the bubble has been totally satisfied. The premium payments are current . 2) Attached is a copy of the coverages. 3) Your advice to the City Council on not having an insurance policy is in error. Please advise the Council that a complete insurance coverage is in force. 4) As we discussed with the Council last spring we wanted to broaden the ownership base with neighboring; communities and they gave their approval . The facility is currently being operated on an equal basis with Chaska. The official starting date was January 1 , 1983. The official accounting and legal papers are being processed. (Accountant : Jim Streefland) Chaska became a 50,E partner by the following major financial contributions. 1 ) Chaska individuals guaranteed a $25,000 .00 three year note to the Ice Arena. 2) Obtain "matching funds" , currently at $15,500.00 that were contributed by Shakopee bussiness and interests. 3) Each Hockey Family in Chaska contributed $100.00 each. 5) Attached is the current Organizational Chart for the operation of the Ice Arena. The Arena Manager answers to the President . 6) As soon as accounting and legal have all necessary papers completed, we will bring these to the City to change the lease name and ownership. rL . Ms. Judy Cox Page February 11 , 1983 If any questions, feel free to contact any of the individuals on the organizational chart . Sincerely yours, er H. Goihl CC: Mayor Reinke LeRoy Worm � r ,TV C 30 P, �1I CITY OF SHAKOPEE `9 tNCORPORATEO 1870 I i +�` 7 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 January 19 , 1983 Mr. John Goihl 911 West 11th Avenue Shakopee , MN 55379 Re : Lease and Insurance for Shak-O-Valley Amateur Hockey , Inc . , A Minnesota Non-Profit Corporation Dear Mr. Goihl : Today 1 did receive an insurance binder for the Shak-O-Valley Amateur Hockey Association . The lease requires that a general public liability insurance policy in addition to fire be delivered to the City endorsed "premium paid" by the company not less than 10 days prior to the expiration of any current policies . Said policies shall state that the City shall be notified in writing by the insurer of any cancellation. Pursuant to Article XI of the lease you are in default of the lease by not providing the City with the proper insurance policies as outlined in Article V, and are hereby given written notice that if the default is not cured within 30 clays , the City may terminate the lease . At last night ' s City Council meeting I did advise the Council of your current status and a great deal of concern was expressed in the fact that we do not have an insurance policy . Please take whatever measures you can to comply with the provisions of the lease agreement . If insurance policies are not submitted to me by the February 15th Council meeting, please be prepared to attend the meeting. The lease is in the name of "Shak-O-Valley Amateur Hockey , Inc . , a Minnesota non-profit corporation . All insurances should be in this name . Would you please provide me with the names of officers of the corporation and also who is responsible for over- seeing the whole operation and who they report to. There is some confusion as to who is running the operation and this might clear it up. r // t, r / i / j r , o I An Equal Opportunity Employer Mr. John Goihl Page Two January 19 , 1983 If you have any questions , John , or if I can help in any way , please let me know. Sincerely, /1k;. Judith S . Cox City Clerk JSC/jms enclosure cc : City Attorney Mayor Reinke Mel Larson , President , Hockey Association Shakopee Hockey Rink , Lions Park, Shakopee q' Q, ;.L. 'TJ(_� L .q NIR, , l_ 44D� P /C UI CC All N -A ` c O cco Ui ''1 a p h �� �14% Y??t... •,1 G'1/4 cli (4 TS r D N v VI Joao W � a o 44 -4, (\ m o o y Zi gyp o III b r., . n, N r z st a+ p �—(4 — N(Ys o' 96 MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Dram Shop Insurance Coverage as Required by Chapter 528, Laws of 1982 DATE: February 9 , 1983 Introduction On February 1 , 1983 Council discussed the new law requiring dram shop insurance which excludes businesses with sales under $10,000 to have coverage and whether or not to require insurance coverage from those businesses whose sales are under $10,000. Council tabled this discussion and asked staff to obtain additional infor- mation from the League of Minnesota Cities and to get additional quotes on cost of insurance. Background Attached is a copy of what will appear in the next issue of the League magazine. Also attached is a brief survey on the cost of liquor liability insurance . Considerations Council will need to decide whether or not to require insurance from businesses with sales under $10,000. Even with affidavits and written commitments , the City could conceivably experience litigation and other costs if beer sales turn out to be inaccurately reported or estimated and there is no insurance. As the City Attorney has pointed out , requiring insurance from all businesses is the safest way for the City to go. The attached ordinance , prepared by the City Attorney will exempt businesses with sales under $10 ,000 from carrying insurance and invites Council to adopt by resolution criteria for monitoring sales . If Council desires that all businesses carry insurance , Section II can simply be deleted. If Council decides not to require the coverage from small businesses , staff would welcome some direction as to what assurances that sales are under $10,000 the City should require in the resolution. Some possibilities of monitoring sales : 1 . Audit by C.P.A. 2 . Letter from applicant ' s accountant 3 . Letter from applicant 4 . Written commitment from applicant to cease sales when sales do reach $9 ,950 containing a description of the means of keeping track of sales 5 . Actual receipts of purchases of beer from vendors Based upon the attached article , staff would recommend 2 and 4. Dram Shop Insurance Coverage as Required by Chapter 528 , Laws of 1982 Page Two February 9 , 1983 Recommended Action: 1 . Adopt Ordinance No. 114 as drafted - exempts small businesses from being required to carry dram shop ( liquor liability) insurance AND 2 . Direct staff to prepare a resolution requiring 3 . 2 businesses with sales under $10 ,000 to provide the City with a letter from their accountant that sales in the preceding year did not exceed the $10 ,000 figure and a written commitment that they will cease sales when their sales reach $9 ,950 and describe the means of keeping track of sales . OR 3 . Adopt. Ordinance No. 114, deleting Section II - requires all businesses to carry dram shop ( liquor liability) insurance . JSC/jms 74f- Survey of Estimated Cost for Liquor Liability Insurance (Dram Shop) Coverage for 3. 2 Beer Businesses With Sales Under $10,000 Per Year On Sale On Sale Off Sale Bar Restaurant Casualty Assurance of Shakopee 119 South Lewis $320 .00 $1035.00 $290 . 00 Mertz-Horiesh 140 South Holmes 260 . 00 666 . 00 600. 00 Capesius Agency 129 South Holmes (on market ) 500.00 500.00 500.00 (becoming available) 227 .00 + 227 .00 + 227 .00 + 100 .00 100.00 100.00 membership fee membership fee membership fee Valley View Inc . Bloomington 200 . 00 ( 550 . 00 - 650 .00 ) Transcontinental Brokers , Inc . Minneapolis 150.00 150.00 150.00 (available only to pizza & tavern owners and they must purchase all their insurances from them) E & S Midwest Eden Prairie ( 300.00 - 500 . 00 min. premium ) Must purchase all their insurances from them This article will be appearing in the next issue of the League of Minnesota Cities magazine. DID YOU KNOW Liquor - Licenses - Dram Shop There are some common questions cities are posing about the mandatory dram shop law. When must cities take action? The Liquor Control Division has interpreted its responsibility under the mandatory dram shop law to begin with the first license renewals after March 1 , 1983 . This position is based upon an Attor- ney General ' s letter opinion interpreting the following language from M. S . 340. 11 , Subdivision 21 as follows : "Every person licensed to sell at retail intoxicating liquor or non-intoxicating malt liquor at on-sale or off-sale shall after March 1 , 1983 , demonstrate proof of financial responsibility . . . " That language could just as plausibly be construed to mean that the mandatory dram shop program was to be fully effective on March 1 and that Minnesotans could rely on coverage after that date. From enactment of the law until the effective date licensees had eleven months to get coverage . Regardless of how the courts or legislature finally decide this issue, a city which permits liquor, wine and beer sales by licensees with no dram shop coverage after March 1 , 1983 risks at least the costs of providing legal defense to claims for harm resulting from illegal sales of alcohol . If the city has not enacted an ordinance requiring all beer and wine license applicants to provide certificates of dram shop coverage , what are the city' s responsibilities when faced with a license application? The city clerk will need to furnish the Liquor Control Division certificates of dram shop insurance coverage in cases when the applicant has the insurance. If the applicant claims sales under $10,000 per year, the clerk, on direction from the council should determine what kind of evidence as to sales volume will be accept- able to the city. For example , some cities are considering accept- ing without an insurance certificate a written commitment from the license applicant to cease sale of beer or wine at that point in Page Two 7 � the license year when retail sales of either reach $9950. Such a commitment should probably also contain a description of the means of keeping separate track of wine or beer sales or both. In addi- tion to the written commitment , the city will probably want to insist upon an affidavit or at least a letter from the applicant ' s accountant that sales in the preceding year did not exceed the $10 ,000 figure . Evidence like the written commitment and accountant ' s affidavit will be accepted by the Liquor Control. Division as sufficient to show that sales are under $10 ,000 per year. To help protect the city , the city clerk should probably pass the evidence of sales volune on to the Liquor Control Division, rather than the city itself making any certification of sales volume. However , even with affidavits and written commitments , the city could conceivably experience litigation and other costs if beer or wine sales turn out to be inaccurately reported or estimated . Hopefully most wine and beer license applicants will determine that it is only good business to carry the insurance . The prospect of extra accountants fees and the bother of written certificates might cause most applicants simply to furnish the insurance certificate . What is the cost of dram shop insurance? Costs of coverage will depend upon dollar volume , type of sales , past claims experience of the retailer and many other factors . How- ever , for beer sales (on- or off-sale) less than $10 ,000 per year , annual premiums are generally between $180-400 ; the premium for wine sellers with less than $10,000 sales is likely to be about $800 or less . With aggregate limits in the policy what happens when coverage limits are used up? Virtually all dram shop policies issued in Minnesota now contain annual aggregate limits of liability. In other words , if dram shop claims are made upon a beer or liquor retailer in amounts over the aggregate limits stated in the policy, persons with injuries from separate incidents may have no insurance coverage from which to draw. Some cities are considering enactment of ordinances which would require the licensee to buy additional coverage after any claim is Page Three made during the license year in order to retain the license. This would help protect future claimants . However, the law is unclear as to city responsibility in this area and this question together with several others may be addressed by legislative amendments being pro- posed at the 1983 session of the Minnesota Legislature. What should the city look for in evaluating whether a certifi- cate of insurance is adequate? The city should require that the certificate show two things : First , that the policy ' s limits of coverage are at least equal to the amounts required by M. S. 340. 11 , subd. 21 ; and second, that the policy includes a provision that the coverage may not be cancelled without 10 days written notice to the city, in compliance with M. S . 340. 12 (Note : A standard certificate of insurance form contains a provision stating that the company will "endeavor" to give the city notice but disclaiming liability for failure to do so; such a state- ment is not adequate) . Of course, the certificate should also show the names of the insurance company and the agency, the policy number, and the polciy expiration date. ORDINANCE # 114 , Fourth Series. An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter V Entitled "Liquor, Beer and Wine Licensing and Regulations." By Requiring Proof of Financial Responsibility and by Adding a New Provision to the Following Sections of the Shakopee City Code, namely: Section 5.02 Subd. 1, 5.32 Subd. 6 and 5.40 Subd 3; By Excepting Certain Establishments from the Terms Hereof; and by Adopting by Reference the City Code Chapter 1 and 5.99 Which Among Other Things. Contain Penalty Provisions THE CITY COUNCIL OF THE CITY' OF SHAKOPEE, MINNESOTA ORDAINS; SECTION I; Shakopee City Code Chapter V is hereby amended as follows: A. Section 5.02 Subd. 1, Section 5.32 Subd. 6 and Section 5.40 Subd 3 are hereby amended by adding the following to said sections: 1. Every such application to sell at retail intoxicating liquor, non-intoxi- cating malt liquor or wine at either on or off sale shall, after March 1, 1983, file in duplicate with the application proof of financial responsibility addressed to the Commissioner of Public Safety with regard to liability imposed by Chapter 528 of the Laws of 1982 as a prerequisite to the issuing or renewal of a license. 2. Proof of financial responsibility may be given by: a. A certificate that there is in effect an insurance policy or pool providing the following minimum coverages; i. As provided in Section 5.32 Subd. 6 of the City Code; and ii. $50,000 for loss of means of support of any one person in any one occurrence and subject to the limit for one person; $100,000 for the loss or means of support of two or more persons in any one occurrence; or b. A bond of a surety company with minimum coverage as provided herein- before; or c. A certificate of the State Treasurer that the licensee has deposited with. him $100,000 cash or securities which may legally be purchased by a savings bank or for trust funds having a market value of $100,000. SECTION II: Exceptions The provisions hereof do not apply to non-intoxicating malt liquor licenses as provided in the Shakopee City Code, with sales of less than $10,000 per year. All licensees desiring to claim this exemption must prove entitlement thereto insuch a manner as the City Council shall be resolution from time to time determine. SECTION III: Penalties Shakopee City Code Chapter I entitled "General Provisions and Definitions Appli- cable to the Entire City Code Including Penalty Provisions" and Section 5.99 entitled "Violations A Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. In addition, non-compliance with the terms hereof shall require a denial of the issuance of the license or a revocation. SECTION IV: When In Force and Effect After the adopting, signing and attestation of this ordinance, it shall be pub- lished once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of. , 1983. YMayoi of the City of Shakopee ATTEST: v�w_ _--City Clerk Prepared and approved as to form this 10th day of February, 1983 Julius A. Coller, II, City Attorney MEMO TO: John K. Anderson, City Administrator FROM : Judith S . Cox, City Clerk RE: Policy, Criteria and Procedures for the Review of Municipal Industrial and Commercial Development Bond Applications DATE: February 11 , 1983 Introduction I have been asked if the City of Shakopee would approve an applica- tion for IR bonds for the acquisition of an existing building. Background Upon checking with Mr. Krass , I learned that the state guidelines do permit the approval of IR bonds for new construction when new jobs are created, and for existing structures if it will maintain existing jobs . In examining the City' s attached IRB application criteria, page 2 , paragraph h states , "The applicant must not commence any part of the construction of the project until there has been preliminary approval by the Council of the application for financing. " When this policy was adopted was it with the understanding that Shakopee would approve IR bonds for new construction only, or was the clause simply intended to prevent an applicant from starting construction on a new building before preliminary approval? Alternatives a. Interpret the City' s criteria to mean when there is an applica- tion for new construction, no construction shall be prior to Council ' s preliminary approval thus allowing the use of IRB' s for existing buildings . b. Interpret the City ' s criteria to mean that bonds are available for new construction or expansion only. Recommendation Because State Law permits the use of IRB' s for existing buildings when jobs can be preserved and cities that we compete with can use IRB' s in this fashion, I recommend alternative a. Action Requested Direct staff to prepare an amendment to the City' s criteria clarify- ing our policy so that it is clear that the IRB' s can be used for exist- ing buildings when jobs can be preserved. JSC/jms .11 / 1/ /6 1uopL U °3/5/•80 . Amended li/18/80 Amended `c. CITY OF SHAKOPEE, MINNESOTA POLICY, CRITERIA AND PROCEDURES FOR THE REVIEW OF MUNICIPAL INDUSTRIAL AND COMMERCIAL DEVELOPMENT BOND APPLICATIONS I . GENERAL POLICIES. - SHAKOPEE The City of Shakopee has been granted the power to issue revenue bonds commonly called Industrial Development Bonds by the Minnesota Industrial Development Act , Ch . 474 , Minnesota Statutes ( the "Act") . 'inc' Shakopee City Council , being aware chat such financing may be advantageous co the City of Shakopee and may help achieve the overall development and employment goals of the City, has expressed its support for the use of such bonds - but has reserved [he right co approve or reject projects on a case basis taking into consideration the following factors : a . The industrial or commercial project shall be compatible with the ,overall development plans and objectives of the City and of the neighborhood in which the project shall lie . b. The project shall be of a nature that the City wishes to attract , or an existing business the City wishes to have expand within the City con- sidering potential for employment , incentive for further development , impact on City service needs and support for industrial or commercial operations currently located in the Cicy . t -2- c . The total aggregate amount of industrial development bonds and/or exempt mortgages outstanding at any one 50% Amended to time shall not exceed 25% of the total assessed 50% 1. 1/18/80. (taxable) valuation of the City . a d . Tax exempt mortgage financing will be allowed as an alternative co bond financing buc will be subject co the same policy, rules , and regulations . e . The application cannot be considered by the City Council until. the City Council finds that the project is in accordance with the existing comprehensive planning, zoning, platting and building regulations . f . The applicants proposed facility, or expansion of an existing one , shall provide a significant number of new jobs within the City . g. The applicant shall select qualified financial consultants and/or underwriters as well as legal counsel co prepare all necessary documents and materials . h . The applicant must not commence any part of the construction of the project until there has been preliminary approval by the Council of the appli- cation for financing. -3- , v. i . The Cicy is co be reimbursed and held harmless , for and from any costs related co the actual or proposed issuance of bonds or tax exempt mortgages Amended at the time of application . . I submitting 3/5/80 i appl i. ants will crow with the ty of ' akopee $1000 tc cove • the costs of staff an. 'consultant considerat " n of any proposed devel6pm t project . Unexpened fun' s shall be recur d co the . pplicant when the project s withdraw , denied or gr. +ted f ' nal approval . SEE ATTACHED FEE SCHEDULE. j . The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to adopting the final resolution authorizing issuance of industrial development bonds . II . CRITERIA FOR APPROVAL OF APPLICATIONS a . Commercial Development Issues : The following minimum criteria must be met before the City Council adopts the appropriate resolution approving any proposed project : Preliminary Resolution - 1 . The loan is to be secured by a real estate mortgage and there is a determination that the real estate value shall be equal to at least 90'7 of the total bond or note issued . 2 . The applicant has a firm commitment on interim financing from a reputable lender . Cicj F irl L-,„!R c� it � � +,_ (�..�`a+. . I '„, M kkk--- M.G.M. LIQUOR WAREHOUSE 10718 FRANCE AVE. SO. - BLOOMINGTON, MINNESOTA 55437 - PHONE 888-9421 Cm( m( �_ r. r O NT_s:. City of Shakopee February 8, 1983 129 E . 1st Ave . Shakopee, Mn. '55379 Dear Council Members: The Weiss Co. Inc . , (M. G, M. Liquor Warehouse) ; hereby notifies and requests permission to transfer and permanently relocate its off sale liquor license . The transfer to be made from 8576 E. Highway 101 Shakopee, Mn. to 8522 E. High- way 101 Shakopee, Mn. , on Thursday February 17, 1983. Thank You Cordially Yo rs, S.....e, . GI The Weiss Co. Inc. Brad Weiss- President STAFF RECOMMENDED ACTION: Approve the transfer of the Off Sale Intoxicating Liquor License of the Weiss Company, Inc . , from 8576 Trunk Highway 101 to 8522 East Highway 101 , effective February 17 , 1983 . 7S:D MEMORANDA TO : John K. Anderson City Administrator r FROM : H. R. Spurrier P i City Engineer SUBJECT: Fifth Avenue Spencer Street to Fillmore Street DATE : February 14, 1983 Introduction: A preliminary report was given to City Council February 1, 1983 regarding the feasibility of the above-referenced project. Background The report to City Council included the fact that no practical vertical align- ment could be constructed without causing drainage problems that required construction in Fillmore Street north of Fifth Avenue, or in Fifth Avenue east of Fillmore Street. It was the decision of City Council that the construction would preclude development options in the future for any undeveloped land crossed by this construction and that further work on the project should be terminated. Attached is Resolution No. 2114, a resolution amending Resolution No. 2037 and directing staff to cease work on the feasibility report for Fifth Avenue - Spencer Street to Fillmore Street. Action Requested: Adopt Resolution No. 2114, A Resolution Amending Resolution No. 2037 Terminating Work On The Feasibility Report For Fifth Avenue - Spencer Street To Fillmore Street. HRS/jvm Attachment RESOLUTION NO. 2114 A Resolution Amending Resolution No. 2037 Terminating Work On The Feasibility Report For Fifth Avenue - Spencer Street To Fillmore Street WHEREAS, the City Council of the City of Shakopee, Minnesota adopted Resolution No. 2037 , A Resolution Declaring The Adequacy Of A Petition And Ordering The Preparation Of A Report For Fifth Avenue From Spencer Street To Fillmore Street; and WHEREAS, City Council specifically limited the scope of the project to Fifth Avenue from Spencer Street to Fillmore Street; and WHEREAS, it is not feasible to construct Fifth Avenue between Spencer Street and Fillmore Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Work on the Feasibility Report for Fifth Avenue from Spencer Street to Fillmore Street shall cease. 2. That Henry R. Spurrier, City Engineer, shall not be required to report to City Council on the feasibility of constructing Fifth Avenue from Spencer Street to Fillmore Street. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1983. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of MEMORANDA (lc • TO . John K. Anderson City Administrator I FROM : H. R. Spurrier City Engineer r SUBJECT: Sanitary Sewer Billing for Valleyfair DATE : February 11, 1983 Introduction Pursuant to your request, I have analyzed material submitted to the City by Valleyfair, documenting sanitary sewer flow pumped from the facility. Background Attached is a summary table of actual flows from the lift station at Valleyfair, based on a running time meter and calibrations of the pumps made by Metropolitan Waste Control Commission and City personnel in 1981. Based on those running time meters, the cumulative over-charge from the last half of 1981 and all of 1982 amount to $18,897.61. Alternatives There are a number of alternatives the City can use to address this matter: 1. Adjust 1981 and 1982 billings by reducing unpaid September 1982 and December 1982 bills by $18,897.61. 2. Adjust 1982 billings by reducing the September 1982 and December 1982 billing by $13,357.42. 3. Adjust the unpaid September 1982 and December 1982 bills by the respective overpayment for a total adjustment of $13,732.56. 4. Make an adjustment in the calculation procedure of Valleyfair bills and make no adjustments. John K. Anderson February 11, 1983 / ' Valleyfair Sanitary Sewer Billings Page -2- Valleyfair is installing a meter to measure the flow discharged from their facility. The problems of 1981 and 1982 will not occur again, as a result of that installation and a revision to the calculation procedure for their sewer bill based on running time meter records. This problem is compounded because Valleyfair dealt with Metropolitan Waste Control Commission and the City of Shakopee prior to April 1981 when the lift station pumps were originally calibrated. It was Valleyfair's perception that the matter was resolved when Metropolitan Waste Control Commission calibrated the pumps. Metropolitan Waste Control Commission receives data from Valleyfair on the volume pumped from the facility. Since the Commission accepted the volumes reported by Valleyfair and used those volumes in establishing the annual charges to the City of Shakopee, it is understandable that Valleyfair expected to be charged based on those volumes. Attached is also a memoranda dated January 12, 1982 regarding policy on sewer bill adjustments. Based on that policy, the City would have to select Alternate No. 3 and adjust only the unpaid 1982 billing. It is recommended that Council select Alternate No. 1, because the matter was not addressed sooner, because the City has no clear procedure on who is responsible for calibrating sewage meters and verifying that the records are accurate. In checking with the Finance Director, the Sewer Fund has sufficient funds to make an adjustment in the Valleyfair bill without adverse affect on the system or the Sewer Fund. Action Requested Direct City staff to reduce the total sewer billing for September 1982 and December 1982 by $18,897.61 to $7,689.23. HRS/jvm Attachments / SUMMARY Revised Pump. #1 Pump #2 Actual Sewer Quarter Year Min. Gallon Min. Gallon Gallon Charge 3 1981 6785 4,094,748 7366 4,581,652 8,676,400 $ 7 ,021.20 4 1981 1115 672,902 1167 725,874 1,398,776 1,133.61 1 1982 374 225,709 391 243,202 468,911 566.54 2 1982 3929 2,371,152 6101 3,794,822 6,165,974 7 ,340.34 3 1982 7362 4,442,967 8077 5,023,894 9,466,861 11,265. 10 4 1982 953 575,136 1212 753,864 1,329,000 1,589. 18 Sewer Billing 2nd Half 1981 $13,695.00 Revised Sewer Charge 8,154.81 1981 Overcharge $ 5,540. 19 Sewer Charge 1982 $34,118.58 Revised Sewer Charge 20,761. 16 1982 Overcharge $13,357.42 Total Overcharge $18,897.61 - . • • 0/6 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 Voxl and , Jim O ' Neill and I met on January 11th to discuss the problem. The consensus was that there were two separate issues . l . Separating the hi 1 l ing 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 Vanllout and Mr . O' Neil ] agreed that a second water meter could he installed at the owner ' s expense . Mr . VanHout wi I l 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 hack 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 Page Two • • January 12 , 1982 • POLICY The City will not rebate sewer hills already paid for water not flowing in the sewer, hut will credit the dif- ference ( i .e . difference between the average winter usage and summer ,sprinkllog usage ) to the bill ( s ) not yet paid (-normally one h i 1 I i ng 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 hill . 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 inh) the sewer . The City cannot I hate wale' that h.1'; gone down the '.8 W8 1 ht's a11'.o Wl' are I)I l led h)1" 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 helated1y Find they have been paying sewer charges on water that has gone on their lawns . Staff recommends that the policy he applied to Mr. O' Neill ' s property as adopted after the first quarter hi 1 1 i ng. 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 bills ) 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/j i.w • • \-53. 9/ 414 APR. i • Valley Fair Flygt Station Calibration 1st Run: Wet Well - 7' Diameter # I Pump # II Pump Start Pump - 156" Start Pump - 152" Stop Pump - 191" Stop Pump - 191" Distance Pumped = 35" Distance Pumped = 39" Pumping Time: 1 min. 24 sec. Pumping Time: 1 min. 31 sec. = 600 GPM = 617 GPM 2nd Run: # 1 Pump # II Pump Start Pump - 150" Couldn't calibrate Stop Pump - 191" Distance Pumped = 41" Pumping Time: 1 min. 34 sec. = 628 GPM 3rd Run: # 1 Pump # II Pump Start Pump - 156" Start Pump - 156" Stop Pump - 191" Stop Pump - 191" Distance Pumped = 35" Distance Pumped = 35" Pumping Time: 1 min. 23 sec. Pumping Time: 1 min. 20 sec. = 607 GPM = 621 GPM Law Offices of KRASS, MEYER, KANNING, & WALSTEN — Chartered Phillip R. Krass Barry K. Meyer P.O. Box 216 Philip T. Kenning Shakopee, Minnesota 55379 Trevor R.Walston MEMORANDUM TO: The Honorable Mayor and City Council of the City of Shakopee FROM: Phillip R. Krass DATE: February 10, 1983 RE: Halo First Addition Letter of Credit Background As part of the Developers Agreement regarding Halo First Addition, Halo Investment Company, Inc. , was required to build a certain portion of Bluff Street between the west line of Marschall Avenue to the west line of Halo First Addition, about 215 feet. They apparently failed to do so, and consequently, as part of the contract for Chapter 429 Public Improvement Projects to Halo Second Addition, the City wrote a change order adding that stretch of the road. Since it could not be assessed, the bill was forwarded to the developers who declined to pay it. Citizens State Bank had in August of 1978, written a Letter of Credit for the improvements required for Halo First Addition, copy enclosed. In April of 1982, I wrote to Mr. Habegger, copy to Citizens State Bank, outlining the options in this situation. Having received no answer I advised John Anderson to make a draw on that Letter of Credit, and a copy of that letter is enclosed. As a result of our draw letter, a meeting was held with Mr. Brian Norris, President of the bank, and his brother, William Norris, an attorney from Le Center, Minnesota. Soon thereafter, the City received the bank's November 30th letter, copy enclosed. As a result thereof, John asked me to call Brian Norris and the results of my telephone conversation with Mr. Norris are included in my December 9th letter to John Anderson, copy enclosed. Hearing nothing further, I wrote Mr. Norris on Janauary 24th and received the February 7th letter from William Norris on February 10th. Options The City at this point has spent $10,441.25 to complete the work required under the Developers Agreement for Halo's First Addition, and we need to recoup that money. As I read William Norris's February 7th letter, he is inviting us to sue the bank as well as the developers and let the courts decide what to do. We can choose to sue all parties involved, or we can commence litigation against the bank only. I have no doubt the bank would then interplead the developers, and I suspect all we would do by leaving the developers out of this litigation is to waste time. Page 2 February 10, 1983 Recommendation It is my recommendation that you authorize litigation under the Developers Agreement and the Letter of Credit against both the developers and the bank for the amount of the City's expenditure, attorney's fees and costs. Yours very truly, KRASS, M YER, KANNING & WALSTEN CHARTS ED Phillip R. Krass PRK:ph File #1-1373-143 Enclosures R BANK CIT1ZENS S OF SHAKOPEE r v 480 MARSCHALL ROAD SHAKOPEE,MINNESOTA 55379 TEL.:612-445-8200 PRESIDENT DAVID T.DAHL f,;r, 5196?_ VICE PRES.-CASHIER DENNIS D.KOPECKY August 14th, 1978 Mr. Walter Harbeck Mayor of Shakopee City Council Shakopee, Minnesota RE: Letter of Credit. Dear Sir: The Citizens State Bank of Shakopee will advance up to X37,500.00 for improvements on Halo First Addition in Shakopee. The Halo Investment Inc . , owner of property, will be the debtor. The principals of the corporation are Harold Wetterlin and Loren Habbegger. Cashiers check to be written in favor of the City of Shakopee . Sin ely / • David T. MEMBER F.D.I.C. PIL LIVED cc' ' APR 1 zy9 CITY OF SH*KOPEE April 8, 1982 tir. Loren Habegger Rural Route 3 Box 65 Shakopee, Minnesota 55379 Re: Developers Agreement - Halo First Addition near Mr. Habegger: You will recall entering into an August 15, 1973, Developers Agreenent with the City of Shakopee, relative to the development of Halo First Adoition. As part of that Agreement, your company, Halo Investment, Inc. , was required to build a portion of Bluff Street between a line just west of itarshcall Street extended to the westerly line of Halo First Addition, approximately 215 feet at a copy of approximately $9,000. This was among several requirements imposed upon you by that Developers Agreement. As part of the development of Halo Second Addition, and at your specific request. the City made a specific change order to the contract involving certain construction in Halo Second Addition to include the construction of that portion of Bluff Street required by your Developers Agreement for the First Addition. This was done upon your representation that you could speak for the developers. There now seems to be some question as to whether or not ycu had that authority. At any rate, the City has made a determination that it chooses not to attempt to assess the cost of that portion of Bluff Street located within the First Addition but rather tends to rely on your obligation under the terms of the Developers Agreement to pay that amount. Consequently, 1 have been instructed to inform you that with respect to the costs of that portion of Bluff Street located within the First Addition, there are three options you have as to how that cost will be handled. They are: 1 . An agrees`; jF by all present owners within 4;U: Second Addition agreein +.to assess the .ost against prcperty in the SeciiM Addition. The qt ow'hers would have to waive all hearings and waive their rights to appeal said •% assessments. 2. Pay the cost of bluff Street in cash. 3. The cost of Bluff Street will be collected in accordance with the letter of credit provided on your behalf by the Citizens State Bank of Shakopee. You will have .ten days from the date of this letter to inform the undersigned which option you choose. Should we fail to hear from you we will assure that option 3 is the only viable option and we will be in contact with Citizens Bank to collect the amounts in question. Thank you. Yours very truly. KRASS, MEYER, KANNING & WALSTEN CHARTERED Phillip R. Krass Pi K:sr.► cc: John Anderson, City Administrator Citizens State Bank of Shakopee CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 Av ' ` Citizens State Bank of Shakopee 1100 Fourth Avenue East Shakopee, MN 55379 Pe: Halo First Addition Letter of Credit Gentlemen: Please be advised that the City of Shakopee now exercises its right to draw on your August 14th, 1978, Letter of Credit for improvements the City will be required to do in Halo First Addition in Shakopee. TKe total amount of the draw required at this time will be $10,441 .25. Kindly forward your cashiers check in that anaunt made out to the City of Shakopee. Thank you. Yours vie? trul , John K. Anders n City Administrator City of Shakopee ✓c C • �cr06,a.w 7' I7 e r t v / Pr n cl r e s s V a / / y An Equal Opportunity Employer N141,41 CITIZENS STBANIF . OF SHAKOPEE ]111(1 EAST 1�h AVENUE til IAK(WEE. MINNESOTA :r7,379 'I•E:I. . M2)445.8200 • November 30 , 1982 City of Shakopee Halo Investment , Inc. Harold Wettcrlin Loren Habbegger Gentlemen: The Citizens State Bank of Shakopee terminates the letter of credit dated August 14 , 1978 with Halo Investment, Inc. The principals of this corporation arc Harold Wctterlin and Loren Habbegger. Sincerely yours, CITIZENS STATE BANK OF SHAKOPEE 5t, Brian M. Norris President MEMBER F.D I.C. 7 , December 9, 1982 _sir. Jonn Anderson City Administrator 129 East First Avenue Shakopee, AN 55379 Re: halo Investment, Inc. , Letter of Credit L 1r Joan: I spoke yesterday with Brian Norris, President of Citizens State Bank of Shakopee, relative to the City's call on the Halo Letter of Credit. Hr. Norris explained to me that his November 30th letter to the City was simply notice that no further demands on that Letter of Credit would be honored. Mr. Norris acknowledged our present draw and indicated that the bank would and does accept responsibility for that draw. They are presently attempting to make arrangements with Mr. liabbegger and Mr. 4etterlin for the reimtxirsement to the bank of those amounts and requested some additional time to complete that transaction. I suggested 30 days and Hr. Morris informed me that if they had not made arrangements with Mr. Habbegger and Mr. Wetterli.n for payment within that time, they would commence a lawsuit against them and would be paying the City. Consequently, I will diary my file for the 9th of January and contact you at that time to determine if you have received payaent. Thank you. Yours very truly, K.RASS, MEYEtt, KA: INC S dALSTEN CHARTE RSD Phillip R. Kress • PiiK:ph January 24, 1983 Mr. Brian M. Norris Citizens State Bank of Shakopee 1100 East Fourth Avenue Shakopee, MN 55379 Re: halo Investment, Inc. -- Letter if Credit Dear Mr. Norris: When we spoke on or about December 8th, 1982, you informed me that the bank's intention was to pay the City its draw under this letter of credit within 30 days. We have received no further word from you and I am anxious to conclude this matter. We would appreciate it if you would forward to the City the draw claimed at your very earliest convenience. Thank you. Yours very truly, KRASS, MEYER, KANNINC & WI,LST.:'': CHARTERED Phillip R. Kress PRK:ph File #1--1373-143 cc Hr. John Anderson 77 YGCZ2lIi!!L e//G=?�?�Cd ATTORNEY AT LAW February 7th, 1983 26 SOUTH PARK AVENUE - LE CENTER. MINNESOTA 56057 612 367-6861 Mr . Phillip R. Krass ' City Attorney grass, Meyer, Kanning, & Walsten, Chartered P. 0. Box 216 Shal:opee, Minnesota 55379 R Halo First Addition Letter of Credit City of Shakopee, Minnesota Lear Mr. Krass: Your letter of January 24th, 1983 to Brian M. Norris has been sent to me. Please be advised I represent Citizens State Ban-; of ShaLopee in reuard to the question of its liability in the above matter. The developers say the city agreed that the improvements on which the draw is based were to be done as part of Halo Second P.ck ition. As I understand it, the bank's letter is limited to the i--provements to be done in the first addition. In light of the elapse of time, I believe the bank was not informed of the remaining commitment and, in fact, was involved in litigation, settled without consideration of the city ' s recent clam, with the developers of both additions. Therefore, I have advised Mr . Norris that should the city elect to proceed, all of the parties should be joined and the fact issue 1.etorm,:ned. I appreciate your consideration and that of the city, in meeting with rr. Morris and me concerning this unfortunate matter. Best Regards. Very truly yours, (104191,e , William Norris ¶ N:wn !. C. _ u u u Lj� W 1 1 i I I Cy • • • • I • LI 4 • • • • • ♦ 4 to a W n r . 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M M .--4 M .-1 10 10 .0 --1- O Ct .- .0 ' I r-• r- O O O O\ O O 0 .-4 >10 000000000000 O O .-1 N N .-1 C) .-i r- r- c•'1 O M 0 n r- r- r- N- N. n N. N. N r- r- 01 M .4 .--1 CO M N N N N N 0, M M c`1 M M r1 M M M M M M Cr) M '-Zr Zr. O, at 0, 01 0, 01 0, M )-1 -7 d' - � d .7' .1 � .1 d .t -Zr 1 7 1• -Zr -Zr -Zr '-Zr -Zr -Zr .0 • • • • • • • • . • • • • a)H .-1 .-I .-1 .-I .-1 .-1 .--1 .-1 .-i .-1 1.-1 .-i .-4 .-4 .-I 4-1 .--1 .-I .-1 .-I .-1 .-i .-1 ul L..130 000000000000 C) C) r-- N- C) CO CO CO 00 00 CO .-1 W •A n 'L 90/ 4 MEMO TO: Mayor and City Council FROM: John R. Anderson, City Administrator RE: The City ' s Two Percent 429 Project Interest Surcharge DATE: February 11 , 1983 Introduction As directed the attached January 21 , 1983 memo was discussed at the January 9 , 1983 I .C .C. meeting. The I . C.C. recommendations are attached and include two alternatives . Evaluation of Alternatives The Finance Director has , through the example below, tried to evaluate the 10% front end load alternative proposed by the I .C .C. : Assume assessing a parcel $100,000 Bonds at 9%, 10 yr. Interest start January 1 Current 107 Front Load P & I I @ 11% Interest P ( 9%+2%) I @ 9% P I @ 97 Earned 1984 10 ,000 11 ,000 9 ,000 11 ,900 10, 710 2 ,079 1985 10 ,000 9 ,900 8 , 100 11 ,900 9 ,639 1 ,827 1986 10 ,000 8 ,800 7 ,200 11 ,900 8 , 568 1 , 575 1987 10 ,000 7 , 700 6 , 300 11 ,900 7 ,497 1 , 323 1988 10 ,000 6 ,600 5 ,400 11 ,900 6 ,426 1 ,071 1989 10 ,000 5 , 500 4, 500 11 ,900 5 , 355 819 1990 10 ,000 4 ,400 3 ,600 11 ,900 4, 284 567 1991 10 ,000 3 , 300 2 , 700 11 ,900 3 ,213 315 1992 10 ,000 2 ,200 1 ,800 11 , 900 2 , 142 63 1993 10 ,000 1 , 100 900 11 ,900 1 ,071 300 ,000 60 ,500 ) 49 , 500 11 , 900 58 ,905 9 ,639 ---, ( 11 ,900) 1 ( 1 ,071 ) 1 160,500 107 , 100 57 ,834 ( 11 ,900) ( 2 ,142 ) 95 ,200 55 ,692 160 ,531 'Abate 1st year. Note : 1 . Very substantial administrative problems to implement front load concept ( segrogated cash accounts by assessment project and proportional to tax levy) . 2 . Prepaid assessment payers will not be around in year 9 or 10 to get the benefit of the 10% front end load when abated. 3 . Problem tracking for 8-10 years in future . The City ' s Two Percent 429 Project Interest Surcharge Page Two February 11 , 1983 Recommendation Staff will be reviewing the front end load alternative with Bob Pulsher before Tuesday night ' s meeting and will be able to make a final recommendation at that time. JRA/jms Unapproved Minutes Excerpt minutes of the February 9 , 1983 Industrial Commercial Commission John K. Anderson reported that he presented the earlier I .C.C. recommendation regarding the 2% surcharge levy to the City Council . The City Council tabled their action pending I .C.C. consideration at the I .C.C. February meeting. He stated that the City Bond Counsel recommended', with City staff concurrance , that the develop- ment and use of criteria may be too difficult to apply fairly with- out risking legalities . There is also concern about jeopardizing the margin for delinquent payments . Application of the 2% margin may build a future fund sufficent enough to waive the 5% levy. Inquires were made into the current and historic use of the 5% collected fund and any unused overage . John Anderson explained that the City usually places these surplus funds into other debt service funds or capital equipment purchases . John Manahan ques- tioned whether the current surplus might be utilized instead of levying a 1% or 2% surcharge . Motion made by John Manahan, seconded by Al Furrie to reduce the interest surcharge on special assessments from 2% to 1% because any funds accumulated from the surcharge and the 5% certified levy are usually transferred to other accounts which benefit the com- munity as a whole; therefore , the money which is accumulated should rightly be contributed primary by the community as a whole, not the individual developer. Motion carried unanimously. Al Furrie stated that in the K-mart example , there was a one year bond reserve for payment on a default or final payment . This was considered to be beneficial to the developer and also earned interest as a reserve. Discussion followed on the accountability factor of any surplus funds raised through surcharges . Other business . Discussion returned to the motion passed earlier at this meeting regarding the reduction to 1 percent of the 27 surcharge levy. Motion was offered by Al Furrie , seconded by Gary Eastlund to recommend to the City Council to consider, in lieu of the 2% sur- charge levy, to package each bond issue to include a reserve account equal to one year ' s principal and interest ; the reserve account will cover any default of one year' s payment or will finance the final year' s payment . Motion carried unanimously. Respectfully submitted, Glenda D. Spiotta Recording Secretary GDS/jms I MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: The City' s Two Percent 429 Project Interest Surcharge DATE: January 21 , 1983 Introduction • Last summer the Indw-trial Commercial Commission and City Council reviewed our current policy of adding a 27 interest rate surcharge to 429 project assessment resolutions . We currently assess home- owners at an interest rate 2% higher than the interest rate we pay on the bonds . The ICC recommended that the surcharge vary from 0-2% for all types of projects based upon an established criteria. Council discussed this recommendation and directed staff to draft a policy resolution establishing criteria for charging 1-2% for various types of projects . Implementation Problem The process of drafting the resolution has been a lengthly one , and staff has come full circle in its thinking on this issue . Neither staff nor Bob Pulscher , our financial advisor, could find a "good" set of criteria for triggering either the 1 or 2% surcharge. The only clear differential seemed to be between the risk the City faced on unpaid assessments from vacant undeveloped land vs . the risk we faced on developed land with tax paying businesses or homes already on it . The logic of this approach is attractive and hasn ' t been tested in court according to Bob Pulscher; however, both staff and Mr. Pulscher feel it would be inappropriate to have different interest rate surcharges for different projects all being financed by the same bonds which would have only one rate of interest . We can foresee a situation in which the City would be asked to explain why assessment resolutions passed on the same night would have different interest rates when the bonds sold for the two pro- jects were from one issue with one interest rate . The appearance of discrimination, regardless of the logic behind it , might cause more harm than the good generated by the 1% interest we saved for those property owners with the reduced interest rate . Clarification of Other Surcharges I probably contributed to the belief that something could be done to relieve the additional cost of the 2% assessment surcharge by not clearly outlining who was paying what charges in a construction project . The checklist below clears up who pays what and when, and is going into our Standard Operating Procedures ( S .O.P. ) . The City ' s Two Percent 429 project Interest Surcharge Page Two l January 21 , 1983 FINANCING CHECK! I S'! 429 PROJECTS Estimate Included Included In Provided In Bond Assessment Project Cost : By Sale Resolution I . Construction Contract Eng. Yes Yes 2 . Engineering Costs " n n 3 . Land & Easements n It „ 4 . Construction Contingency It It It 5 . Investment losses from City Funds Advanced Fin. Dir . " 6 . Capitalized Interest for Debt Service ryice I';i yIll&'I11 }; �� II tl 7 . Legal Expenses/City Attorney " It tt 8 . 1% Administrative Fee( 1 ) " ►r ►t 9 . Bond Costs : Fiscal. Agent ( 2 ) ►t tt Moody ' s " " /1 Bond Attorney It Printing, etc . ►t Assessment Resolution Costs : 10. Actual Project Cost ( 1-9 above ) Fin . Dir . Yes Yes 11 . City ' s 2% Surcharge It No Yes ( 3 ) State Required 5% Certified Levy: 12 . Advalorem Tax Levy based on Annual P&T of Debt Service Fiscal. No (4) No(4 ) Agent ( 1 )Based upon cost of. 1-4. ( 2 )The fiscal agent must know whether or not there is green acred property involved in any 429 Project . The Finance Director is responsible for getting him this information. ( 3)The 2% is not part of the project cost , but a surcharge added added to protect the City financially from: loss of interest from prepayment of assessments when there is a low reinvestment rate , deliquent assessment payments needed to pay bond install- ments , reduce the need for the annual 57 advalorem tax levy required by state law. (4)This 5% certified levy is not paid by the people or developer benefiting from the project . It is a general city-wide advalorem tax required by law to protect the bond holders for the same reasons as cited in #3 above. It can be annually cancelled if there is sufficient balance in the bonds debt service fund. Shakopee has not regularly cancelled this levy. • The City's Two Percent 429 Project Interest Surcharge Page Three January 21 , 1983 -4-' If the City is truly interested in making a project pay for itself then it should utilize to a maximum the 2% assessment interest rate surcharge , because it assists in generating a debt service fund balance in the first 3-4 years so the City can annually cancel the 5% advalorem tax in future years. Alternatives 1 . Again direct staff to draft a resolution establishing criteria for imposing either a 1 or 2% assessment interest rate surcharge . The purpose of this was to reduce the high interest rates that drive up improvement costs to residents and developers . 2 . Establish a flat assessment interest rate snrchage for all 429 projects of 17 ( or 1z%) . Bob Pulscher stated that all Springsted clients impose "some" assessment interest rate surd}-6Tge . The reason for a reduction would be the same as in alternative No. 1 . 3 . Keep the present 2% assessment interest rate surcharge because today , more than ever, the City needs to protect itself from delinquent assessments and defaulting developers . Recommendation Bob Pulscher and staff (City Clerk , Finance Director and City Admin- istrator) recommend alternative No. 3 . Action Requested Foward this memo and its recommendations to the ICC for their infor- mation indicating that Council has decided to retain the 2% assess- ment interest rate surcharge policy. JKA/ jms MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Amendment to Personnel Policies DATE: February 9 , 1983 INTRODUCTION Before employee evaluations are conducted for Department Heads , a number of personnel policies need to be amended so that there is clarity of intent . RECOMMENDED AMENDMENTS TO PERSONNEL POLICY 1 . Section 6 , Subd. 2 is clearly not the intent of the evaluations and should be amended to reflect the intent . 2 . Section 18 , may I suggest adding to the paragraph language which indicates that grievances carried as high as to the council will be heard in an [executive session of the Council , if requested by the employee] ? This would permit employees who have a grievance to take it to the Council without fear of the matter becoming public . 3 . Section 20, may I suggest adding to paragraph 4 of Subd. 2 language which indicates that an employee may appear before the Council [ in an executive session, if requested by the employee ] to respond to charges causing his dismissal . 4. Section 20 , Subd. 4. The City Code and the Personnel Policy are in conflict relative to an employee requesting a hearing before the Council . It is recommended that the personnel policy be rewritten to conform to the City Code. Summary 1 . If Council concurs that evaluations are not to be tied to salary adjustments . . . 2 . If Council concurs that personnel related items need not become public . . . 3 . If Council concurs that our City Code and personnel policy should be consistent . . . Resolution No. 2111 which clarifies these matters should be adopted. If Council believes otherwise , discussion and direction to staff would be in order. ACTION REQUESTED Offer Resolution No. 2111 , A Resolution Amending Resolution No. 1571 Adopting a Personnel Policy for the City of Shakopee , and move its adoption. JSC/jms 10 a-,- Section 6 . Compensation: Subd. 2 . Evaluation - Evaluations of eaeh-City-ei}tpl_eyee-at-least-annually-shall--be-used by-the-City-Administyater-in-Feeemmending-salaYies-and-wages-te-the Gity-Ceuneil- City employees shall be conducted annually for the purpose of communicating strengths and weaknesses to the employee , as they relate to the person fulfilling his duties and responsi- bilities . The evaluation may be used in considering promotions and for disciplinary action, but will not be used for salary consid- eration. Section 18 . Grievance Policy: It is the policy of the City insofar as possible to prevent the occurrence of grievances and to deal promptly with those which occur. When any employee grievance comes to the attention of a supervisory employee , the supervisor shall discuss all relevant circumstances with the employee, and his representative if he so desires , consider and examine the causes of the grievance , and attempt to resolve it to the extent that he has authority to do do. If the grievance is not dealt with satisfactorily at that level , the grievance may be carried up to the next higher adminis- trative level , including the City Council, in executive session, if he so requests . Section 20. Discipline : Subd. 2 . Disciplinary Action Steps - Paragraph 4. Dismissal . The Council may dismiss any employee after the employee is given a notice in writing at least five ( 5 ) days before the effective date of the dismissal . The notice shall contain the reasons for the dismissal , the employee ' s rights under these rules and the Veterans ' Preference Law if he is a veteran, and a statement indicating that the employee may respond to the charges both orally and in writing and that he may appear per- sonally before the City Council., in executive session, if he so requests . Section 20. Discipline : Subd. 4. Hearing - In any case of suspension, dismissal , or demotion, 0,1e-efpieyee ahel-l--be-grant-ed-a-heariltg-be€ere-the-Gouneil--ff-the-empayee attbmia-a-written-request-f er-shell-a-bearing-te-the-Eetineii witkit3-€ ve- §}-werki.ng-Jaya-e€-heti€ieatien-e€-tke-sedan-taken- The-hearing-&hal---be-keid-within-ten-{-ib}-Werki-tag-days-€rets-the dete-the-requeat- a-€iied-er-ett- he-tex -regular-erty-eounctl- meeting-if-neve-is-he4d-with}n-ten-4494-wef1dng-days,- any employee may request a hearing before the Council ( in executive session if he so requests ) by serving ten (10) days written demand on the Council for such hearing and also by serving such notice on the City Administrator. The Council shall hear such appeal within fourteen ( 14) days after the service of the notice and shall render its decision within seven ( 7 ) days atter the hearing is closed. VIII T ( b et— RESOLUTION NO. 2111 A RESOLUTION AMENDING RESOLUTION NO. 1571 ADOPTING A PERSONNEL POLLCY FOR THE CITY OF SHAKOPEE 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 conditions of employment ; and - WHEREAS , there are certain sections of Resolution No . 1571 which are in need of modification and/or amendment at this time . NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA that Resolution No . 1571 is hereby amended as follows : 1 . Section 6 oni Compensat } � � , Subd . 2 , Evaluation , shall be amended to read , "Evaluations of City employees shall be conducted annually for the purpose of communicating strengths and weaknesses to the employee , as they relate to the person fulfilling his duties and responsibilities . The evaluation may he used in considering promotions and for disciplinary action , but will not he used for salary consideration . 2 . Section 18 , Grievance Policy, add to end of paragraph, "in executive session , if he so requests" . 3 . Section 20 , Discipline , Subd . 2 Disciplinary Action Steps , paragraph 4 , add to end of paragraph, "in executive session, if he so requests" . 4 . Section 20 , Discipline , Subd . 4 Hearing, shall be amended to read , "In any case of suspension , dismissal , or demotion any employee may request a hearing before the Council ( in executive session if he so requests ) by serving ten ( 10) days written demand on the Council for such hearing and also by serving such notice on the City Administrator. The Council shall hear such appeal within fourteen ( 14) days after the service of the notice and shall render its deci- sion within seven ( 7 ) days after the hearing is closed. Adopted in session of the City Council of the City of Shakopee , -Minnesota , -held this clay of , 1983 . __. Mayor of the City of Shakopee ATTEST /0/)MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: IDS Deferred Compensation Plan DATE: February 9 , 1983 Introduction With the recent request by a City employee for withdrawal of moneys from a deferred compensation plan, it has come to our attention that members serving on the Shakopee Deferred Compensation Plan for Tax Exempt Employees ' Committee are no longer connected with the City of Shakopee . Background The purpose of the Committee is to administer the Plan including the consideration of a participants ' request for withdrawal from the Plan prior to retirement or termination of service with the City due to unforeseeable financial obligations beyond the participant ' s control . Recommendation It is recommended that the membership be updated. Old members con- sisted of Ted Odenwald, Chairman (member of Council ) , William Fahey (City Administrator) Julius Coller and LeRoy Houser. Pursuant to your recommendation, I have prepared the attached resolution which appoints those persons holding the positions named. Section IV Subd. 10 of the Shakopee Deferred Compensation Plan pro- vides that the committee shall consist of an officer of the Council who serves as Chairman, City Attorney or designated assistant , City Administrator and a member of the employee group. Action Requested Offer Resolution N. . 2109 , A Resolution Appointing Certain City Officials and Employees to the Shakopee Deferred Compensation Plan for Tax Exempt Employees ' Committee , and move its adoption. JSC/jms to RESOLUTION NO. 2109 A RESOLUTION APPOINTING CERTAIN CITY OFFICIALS AND EMPLOYEES TO THE SHAKOPEE DEFERRED COMPENSATION PLAN FOR TAX EXEMPT EMPLOYEES ' COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE that : 1 . Pursuant to the Shakopee Deferred Compensation Plan for Tax-Exempt Employees , duly authorized by a resolution of the City Council of the City of Shakopee adopted on March 12 , 1974, the 1 following City personnel holding the named positions be , and hereby are , appointed to serve on the Shakopee Deferred Compensation Com- mittee until such time as they are relieved of this assignment or said committee has been abolished , to-wit : Mayor , Chairman City Administrator City Attorney Senior Finance Clerk 2 . The duties and responsibilities of this Committee shall be those as are set forth in the Deferred Compensation Plan executed by the City. 1 . Resolution No . 751 i hereby rope;l1 ed in its entirety. Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1983 . Mayor of the City of Shakopee ATTEST: City Clerk— Approved as to form this day of , 19817 City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Valleyfair Inc. Signing on State Trunk Highways DATE: February 7 , 1983 Introduction Pursuant to your direction, I have prepared the attached resolution supporting Valleyfair ' s request to the Minnesota Department of Transportation to assist and allow informational and directional signing on state trunk highways . Action Requested Offer Resolution No. 2110, A Resolution Supporting Valleyfair' s Request to Allow Informational and Directional signing on State Trunk Highways , and move its adoption. JSC/jms /6 RESOLUTION NO. 2110 A RESOLUTION SUPPORTING VALLEYFAIR'S REQUEST TO ALLOW INFORMATIONAL AND DIRECTIONAL SIGNING ON STATE TRUNK HIGHWAYS WHEREAS , Valleyfair, Inc . , Family Amusement Park, is located in Shakopee , Minnesota; and WHEREAS , Valleyfair, Inc. , is the second largest seasonal attraction in the entire State of Minnesota; and WHEREAS , Valleyfair, Inc . is being bombarded with complaints from the public stating there are no highway signs directing people to the facilities ; and WHEREAS , Valleyfair, Inc . creates a substantial contribution to the local and state economy which supports and benefits local tourism which is one of Minnesota ' s largest industries ; and WHEREAS , Valleyfair, Inc . is currently making application to the Minnesota Department of Transportation to assist and allow informational and directional signing on state trunk highways . NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA hereby supports Valleyfair' s request to the Minnesota Department of Transportation to assist and allow informational and directional signing on state trunk highways . BE IT FURTHER RESOLVED that a copy of this resolution be sent to area legislators and the Shakopee Chamber of Commerce. Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 1983 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1983 . City Attorney N �' '"' c.rig'.F ` /IN.a `8 ..-,.c1.1 '" CI. , ..,.,.4.. g ,i, ( '':„; ' ----- -,-,r,--..-4 tLeyii', 1 FAMILY AMUSEMENT PARRA. INC. One Valleyfair Drive •Shakopee, MN 55379.612-445-7600 January 19, 1983 Mr. John Anderson, City Administrator City of Shakopee 129 E. First Avenue Shakopee, Minnesota 55379-1376 Dear Mr. Anderson: Valleyfair Family Amusement Park will begin its eighth season of operation in May 1983. Since Valleyfair's opening day in 1976, we have enjoyed over five million guests. In the last five years, Valleyfair's attendance has exceeded 800,000 quests each year which places us as the second largest seasonal attraction in the entire State of Minnesota. In spite of our tremendous effort since 1976 and spending hundreds of thousands of dollars in advertising and communications each year, positioning that Valleyfair is in Shakopee, Minnesota, 20 miles southwest of the Twin Cities on Highway 101 , we are being bombarded with complaints from the public stating there are no highway signs directing people to our facilities. These numerous complaints come not only from Valleyfair guests, but from surrounding merchants whose businesses are constantly being interrupted by people seeking directions. With an annual advertising budget of nearly one million dollars, of which over $300,000 is spent outside of a 100 mile radius, Valleyfair draws approximately 33% of its business or over 280,000 guests from the outstate markets. This expenditure, along with our facilities, creates a substantial contribution to the local and state economy which supports and benefits local tourism which is one of Minnesota 's largest industries. Valleyfair is currently making an application to the Minnesota Department of Transportation to assist and allow informational and directional signing on state trunk highways. We are also asking the Shakopee City Council to adopt a resolution of support, and to solicit aid from our area legislators and the Chamber of Commerce to help eliminate this problem. Mr. John Anderson City of Shakopee -2- January 19, 1983 Valleyfair is applying for a permit to the Mn/DOT along with a letter of explanation, and a map suggesting locations of directional signing. We have also indicated in our correspondence to the Department of Transpor- tation that the size, color, and copy for the signs would be left to their discretion, and have indicated that they would have Valleyfair's complete cooperation and financial support to help expedite a solution. Enclosed please find a map indicating locations for directional signing. We would be very pleased to discuss this situation in detail with you, and would certainly appreciate any assistance you can give us in this matter. We are looking forward to a favorable reply. Very truly yours , David L. Paradeau Vice President - Marketing DP/jc Enclosure (map) 3