HomeMy WebLinkAbout07/19/1983 `
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational Items
DATE: July 14 , 1983
1 . Council had asked what the status of the delinquency was on
John Nelson' s sewer bill . The Finance Department checked with
SPUC and Mr. Nelson is paying his current bill . He is contest-
ing one former bill for both sewer and water and Lou Van Hout
will be going through the necessary process to have the delin-
quency put on taxes . See item 11b on the agenda.
2 . Council asked us to again review the emergency warning siren
situation after the July 3 , 1983 storm. Chief Brownell
informed me that the lightning struck the Public Works siren,
and that no other siren was activated by the dispatchers .
The required repairs will be made to the siren at the Public
Works
building.
3 . Council asked about the proceeds from homes sold in the 4th
and Minnesota project . I checked with Jeanne and she said
that none of the homes had been sold. Jane ' s home is now
rented out but she still owns it . One family had their house
for sale for one month, but found they could not qualify
financially for a larger house and `_herefore will not sell
until they can qualify. Therefore , the City has ;Received
no money. If we do, it would be CDBG program income which would
be spent : ( 1 ) on any ongoing CDBG activities instead of
draw down on current grant allocations or ( 2) if there is
no current CDBG activity it can be spent on any eligible
CDBG activity.
4. Council had inquired about the assessing of costs for cancelled
capital improvement projects . Council was interested in
whether or not the City could assess the Engineering costs .
Gregg' s memo , which is attached, indicates that we cannot .
5 . The City Council inquired about the mobile X-ray unit at
St . Francis Hospital . Don Steger' s attached memo explains
why there were problems and what the hospital has done to
rectify them.
6 . Attached is a thank you letter from Adrian Herbst , thanking
the City for supporting him in his election as the Vice-
President of the League of Cities .
7 . Attached is a notice regarding a special seminar on Levy
Limits and Local Government Aid to be held on August 4 ,
1983 from 1 : 00 p.m. to 3 : 30 p.m. at the Earle Brown Center
at the University of Minnesota. The agenda in attached.
8 . Attached is a memo from Mary Smith, Manager of Zylstra-United,
regarding the status of the repairs to the cable system after
the electrical storm over the 4th of July weekend.
Non-Agenda Informational Items
Page Two
July 14, 1983
9 . Attached is a memo from George Muenchow regarding postponement
of the cooper sulfate treatment to the Millpond.
10 . Attached is a memo from Don Steger regarding his investigation
of a possible site for a mobile home park. Don feels that
since there were initial inquiries it is better to keep this
at an informational item level until he hears again from potential
developers .
11 . Attached is a memo from George Muenchow regarding a complaint
at the swimming pool . Please read in case you get called.
12 . Attached is a copy of the Ehlers and Associates news etter
regarding recent bond sales .
13 . Attached is the Building Activity Report for the mon h ending
June 30, 1983 .
14. Attached are the minutes of the June 27 , 1983 Cable communica-
tions Advisory Commission meeting.
15 . Attached are the minutes of the June 2 , 1983 SPUC me:ting.
16 . Attached is a memo from LeRoy Houser regarding the h.uling
of debris from a house on 3rd Avenue.
17 . Attached is the financial report for the year ended lecember 31 ,
1982 for SPUC.
18 . I spoke with Dolores Lebens Friday and our meeting w th Mr.
Jaspers regarding the ' 67 improvement fund is on hole for the moment .
19 . Attached is a memo from Bo Spurrier formally appealing the
recent Planning Commission ruling for a fence varianle at
1756 Montecito Drive . This is an awkward appeal bec.,use
Council will have to chose between a Planning Commis .ion
ruling and the City Engineer' s recommendation.
The reason you are getting the appeal is because Bo as not
at the Planning Commission meeting for what we belie ed to
be a routine item which had the appropriate recommen,ation
from Bo including the City Planner ' s memo to the Planing
Commission. The applicant , Steve W'ermerskirchen, an ived at
the hearing with a letter from the Assistant Chief o Police ,
Torn was out of town, and offered it as a second tech ical
opinion. Finally, the applicant also had a letter f om the
County Engineer saying his only concern was that the fence
be off County R-0-W. The question is , did the Count,. Engineer
address traffic site lines in his letter.
You are receiving all this information well in advan e of the
appeal hearing because I 'm sure you will hear from t e applicant .
20 . Attached is Program Costs by Department of of July 8 , 1983
21 . Attached is the Revenue and Expenditure Report of afVJune 30 , 1983 .
at* -e..� Ct/ 9 , i: 711 era tt�
kie7nefi 7i ♦ ii
Memo To: John K. Anderson, City Administrator
From: Gregg Voxland, Finance Director
Re: Assessing Costs of Cancelled Projects (Informational)
Date: July 7, 1983
Your memo from Council action of 5/17/83 directed setting up a
policy for assessing preliminary engineering costs when a project
is not built.
MSA106 (drainage ditches) provides for petitioners paying all costs
if the project is not built. MSA112 (watershed districts) also has
similar language as MSA106. However, after checking with the City
Engineer and City Attorney, it is apparent that MSA429 makes no
provision for petitioners paying the costs of unbuilt projects.
GV:mmr
•
§ 106.021 DRAINAGE AND WATERS
Note 13
system in tort. Op.Atty.Gen., 844-C- Whether a certificate of the engi-
2, Sept. 10, 1952. neer of the completion of work by a
contractor on a public Glitch required
14. Review to be given by Laws 1905, e. 230, § 17,
Since enactment of Laws 199:i, e. should be approved by the board of
415, the right of appeal existed;, un_ county commissioners was a gncstion
der §§ 32 and 81 thereof, and certio- addressed to tlieir discretion, the ex-
rare was no longer the remedy to re- "'else Of which °mild not he coil-
view an order of court refusing to trolled by mandamus. State v.
lay out a public ditch. In re Lc Clarke, 1910, 112 Minn. 510, 128 N.W.
Sueur and Rue (*fluidics Judicial 1008.
° Ditch No. 3, 1930, 180 Minn. 1:12, 230
N.W. 481.
106.03 Repealed by Laws 1947,c.143,§ 67
Historical Note
Derivation:
S1.1927, ??0810 :t. See, now §§ 1111;.1131, 1014141, IINi.-
Laws 1025,c.415, 051.
106.031 Petition
Subdivision 1. Form. Before any public drainage system or
other improvement authorized by sections 106.011 to 106.661 is
established, a pet it ion t herein'. shall be filed with the county an-
ditor, if for a drainage system entirely within one county, or
pursuant to section 106.015, subdivision 1, if for a drainage sys-
tem within two or more counties. Such petition shall be signed
by not less than a majority of the resident owners of the land
described in the petition or by the owners of at least 60 percent
of the area of such land, exclusive of the holder of easements for
electric or telephone transmission and distribution lines. The
lands described in the petition shall be those over which the pro-
posed ditch passes or upon which the improvement is located,
and the petition shall set forth the description of such lands and
shall set forth the necessity for the ditch or improvement, and
that the same will be of public benefit and utility and will pro-
mote the public health, with the description of the starting
point, the general course, and terminus or location of the same.
The petition shall state that the petitioners will pay all costs and
expenses which may be incurred in case the proceedings are dis-
missed or for any reason nb contract for the construction there-
of is let. Such petition may be signed by the authorized repre-
sentative of any municipal corporation or by the commissioner
of transportation, or the authorized agent of any public institu-
tion or any corporation which may be affected by or assessed for
the proposed construction; but in such case, the signature of
360
• "'i., § 106.081
4
DRAINAGENotes of Decisions
Wm. 6, private projects large farm equip-
ment
Law Review Commentaries Culvertprivapermitting
Preserving vM.137. wetlands. 1980, 6pass over extensions permitting
gcountY ditch would
b e p otof the iesponsibility of individual pri-
vateMitchell L.Rev. 137. velandownpairers
landowners rather than to be treated
Gen re602g
or improvement of the 9itch. Op
and 602j,Nov. 19,
106.031. Petition petition, new joint county
action on the original petition, with jury
Commentaries 6 Wm. ditch authority,properly
Law Review Comm202, Fara-
preserving Minnesota wetlands. 1980, over the subject matter,could act on the original
petition. Matter of Joint Ditch No. 0 2d 353.
Mitchell L.Rev. 137• drainage
bault and Martin Counties, 1977,257 N.
Petition for improvement of existing
istin isd isumage
Notes of of pions system,pursuant to Subd.2 of§ e
8. Form and sufficiency on proceeding to the signature requirements generally
applicable Subd.
'yimprovement projects,pursuant
Where declared
because
to pre,
112.48, rather than higher percentages106.031,
was1,
ditch avoid never act acquired jurisdiction over §watershed rdher than the projects Gen-,
aty authorityhnever ypetition was not scribed1 of § 112.48.under § 10.
a judicialtethereby reb,thean improvementhern r in 106.501, or Subd•
affected and where petition was proper all respects and no one alleged any prejudice by No. 2063, November 21, 1980.
106.041. Petitioners' bond to the
r a petition and before any action is taken thereon,one or morainage re of the
Upon the filing of 1petition,e
judicial
drainage system, to the counties named in theope i iO then
petitioners shall make and file a bond payable, in case of a county
to be app
t and in case of a $
county, with good and sufficient sureties,the sum of not less than $10,000, all costs and expenses which may
are dismissed or for any reason no contractsis enteredma
beof incurred with whom the same l' re dismissed
to pay
be in case the proceedings rovement petitioned for.
into for the construction of the improvement
e{ March 23, 1982•
Amended by Laws 1982, c. 512,
survey and report
106.081. Preliminary The engineer shall promptly proceed and examine
Subdivision 1. Survey
and report• preliminary survey of the
pro rand improvement as will enable him to
d
all matters set forth in the petition and order e dimprovement reference to the requirements
terermi liwhy e be sametis by sar and feasible
' ofte section whether the same is 6. The engineer shall asublso
exam in and
15, for information norm t on
9 ofconcerning
hr,criteriasubsion affects any
Y in theerniet the ainset forththin theecpon proposed
drainage7, stem substantially affecsthey
,pro sed system
is found practical,
t in determination of other than that described in the petition
ngengineer water. Ifs opo plan m
it so report, giving such detail and information as is necessary to inform the
s
3 ctor boardra pertaining to the feasibility of the proposed tde plan,ageithert . Hes
all matters to a different plan recommended by be
o
court or °etittion or accoring laterals, or otherwise,
shall show in the petition
whether by extension, adding ls, or and sthat mayIthe
shall ryall changes, of the proposed improvement practicablefeasible. I the
m- to make ditch
planproposed improvement,the engineer extension
er shall a necessarynecessary
plic construction of a or the natures and capacity hofpthe outlet and any
or examine and report
be thereof.
[See main volume for text of subds. 2 to 4
Amended by Laws 1982,c. 424,§ 20. 61
MEMO TO: John K. Anderson
City Administrator
FROM: Don Steger
City Planner
RE: Mobile X-ray Unit at St. Francis Hospital
DATE: July 7 , 1983
You indicated that the City Council requested some information
on the hospital' s use of the mobile x-ray unit. I received the
following information from Tom Prusak:
Days of Operation: Monday, Wednesday, Friday
Patients Scheduled: 8 : 00 A.M. - 1 : 00 A.M. Monday & Friday
8 : 00 A.M. - 5 : 00 P.M. Wednesday
Mr. Prusak further indicated that the operators of the unit were
instructed not to plug in the unit prior to 7 : 00 A.M. He further
stated that the hospital invested $10, 000 for a "shore" station
which provides an electrical connection to the unit, and this
station, method of connection, etc. , was reviewed and approved
by the City Engineer in order to avoid future problems .
Several weeks ago, a new x-ray unit was being tested at the
hospital, which resulted in a 5-day continuous running period. The
noise generated during the evening hours precipitated complaints
from neighboring residents . This evening noise only occurred
during the one week test period.
DS/jvm
ADRIAN E. HERBST i 77
r'.-t
2030 NORTHWESTERN FINANCIAL CENTER
7900 XERXES AVENUE SOUTH q. 13;11
BLOOMINGTON, MINNESOTA 55431
CITY OF St bI:
July 5 , 1983
John K. Anderson
City Administrator
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
Dear John:
Just a note to let you know how much I appreciated
your writing a letter of support on my behalf to the
League of Minnesota Cities Nominating Committee this
past month.
I am very pleased with being elected the Vice
President of the League. i believe it is a great honor
and also a challenge that I hope to meet.
Your support and help in getting me elected to
this position is greatly appreciated. I hope that I
can live up to the honor of the position in every re-
spect and any hopes that you may have had in getting
me elected to this office.
Thank you again for your help.
Best perso regards,
Adrian E. Herbst
AEH:ndr
association of BULLETIN
metropolitan
municipalities
SPECIAL SEMINAR
LEVY LIMITS AND LOCAL GOVERNMENT AID
PLACE: Earle Brown Center
1890 Buford Avenue
University of Minnesota
St. Paul Campus
Room 135 AC (Air Conditioned)
TIME: 1:00 P.M. to approximately 3:30 P.M.
Parking is available as indicated on the
reverse side of this 'sheet.
Coffee and soft drinks provided.
COST: Fee to defray room, material, and beverage expense:
AMM Member: $5.00
AGENDA
1. Current Aids Formula with 1983 changes.
2. Aids/Levy Limit interaction.
3. How to calculate Levy Limits.
4. Adjustments to Levy Limit base.
5. Special Levies.
6. Homestead Credit modification.
7. Property tax and assessed value calculation changes.
The afternoon will be extremely informal, with opportunity for much
discussion. It is requested that advance reservations be made no later
than August 1, 1983 by returning the attached reservation form or calling
Carol (227-5600) . Limited registrations will be accepted at the seminar.
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
N
11
HIGHWAY 36
5-
�� County Road B
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II Larpenteur Avenue
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79"'J'fll^.r'®`S":fobr.
Commonwealth Avenue Entrance sT
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Stb
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,\-- """�' 4 DIRECTIONS: From I-94 go Li; „a
o� north on Snelling to Commonwealth
Avenue and the entrance to the state Z
�
Qfairgrounds. Go through the fair- Ill
grounds on Commonwealth to Randall >
and turn right on Randall and go - ,a
approximately two blocks north to the C� Pi
T ,,..,,
_„„.,..,
_.„..,,,..., .„,,,
Utiive Center. From 1-35,take Highway 36
'''.....••••,...........„.,,,,,,,.. y�V exit and turn south on Cleveland to
f 1 venue Commonwealth. Go left on Common —I▪ '-
�'��,' 7 wealth to Randall and turn left on LU g
El'\:4] E
e�a''� � � �� Randall and go two blocks north to
0 the Center.
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association of
metropolitan
municipalities
TO: AMM Member Municipal Officials
FROM: Roger Peterson, Director
Legislative Affairs
As an aid to city officials, the AMM is again sponsoring an afternoon
seminar on levy limits and local government aids, how they interact
and how to best utilize them. Included in the Agenda will be a short
discussion on assessed value calculation changes for property taxes and
some of the major property tax law changes.
Proper understanding and use of levy limitation provisions are vitally
important for all cities and city officials. The laws are complex and
often misunderstood. The seminar is designed to provide that understanding
and knowledge in a comprehendible manner so that officials will have as
much flexibility as possible for local budget preparation.
This seminar will be somewhat similar to those held in 1981 and prior years
except that the history of aids and levy limits will only be included as
part of the handout material. It should serve as a good refresher for
current budget activities. Newly elected and appointed officials, those
unable to be at the previous session, and past participants, are urged to
attend.
NOTE: THE EARLE BROWN CENTER IS AIR CONDITIONED.
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
AMM LEVY LIMIT SEMINAR
NAME(S) POSITION(S)
•
CITY:
MAIL TO:
ASSOCIATION OF METROPOLITAN MUNICIPALITIES
183 UNIVERSITY AVE, EAST
ST. PAUL, MINNESOTA 55101
Zylstra--United Cable Television Co.
Chaska Shakopee Northfield
123 West Third Street
P.O. Box 146
Chaska, MN 55318
(612) 448-3831
•
TO: Shakopee Cable Advisory Board
FROM: Mary A. Smith, Manager
DATE: July 11 , 1983 j� i i 170
RE: Cable Service Updateter.. "F rse
K'�`
This is to inform you that on Tuesday, July 5, I met with John
Anderson, City Administrator. and Jeanne Andre, Administrative
Assistant, to notify them of problems we were having at the Shako-
pee headend.
It has been verified by the Jerrold engineer, John Kunkel, that
transient light (lightening) on the power system burned out some
electrical components in the headend. The components have been
replaced and a SDA has replaced the BSDA at the headend to prevent
this from happening again. John tells me that out of the 30
Jerrold Systems using the BSDA, only one has ever had this happen
before. That system is in Albuquerque, New Mexico. Albuquerque
and Shakopee now have SDAs. The SDAs are not on the market yet;
however, Jerrold is having a spare made up this week to keep on
hand. At this point, we do not have a price on the cost.
Today I contacted the phone company to order a D1 conditioned phone
line from the computer to the Shakopee headend , although the specs
call for a Cl which we now have. Installation is scheduled for
Friday.
Installations have slowed down considerably, as you can see by the
attached report. We are again scheduling installations this week,
however.
On Friday, we attempted to phone every subscriber on line who was
having reception problems rather than send a letter out. A statement
of interruption of service should probably go out with the August
billing in two weeks.
The Channel 3 character generator for the Community Calendar is
scheduled to be changed out this week for a very elaborate video
format. The other public access channels will be properly designated
as soon as the equipment arrives .
Memo to Shakopee Cable Advisory Board
Page 2 -
Limited improvements were made to the road into the headend this
weekend. Bids are now being accepted on the fence and road.
Attached also find the MCCB application for confirmation which you
requested for City Hall files.
In summary, let me say that all available engineering information
and help has been sought to solve the reception problems in
Shakopee.
T MONTH 1, SYSTEM ! ,
SUBSCRIBER COUNT DAILY / WEEKLY REPORT
TOTAL 1(5 if/(% -i -7f ', WEEKLY GRAND
TO DATE MON TUES WED TH�RS FRI TOTAL TOTAL
UNIVERSAL - Ch. 2-13 __ 4„0_-,
TIER I - Ch. 2-43
Econovision I-1 •rt t r- I-1
Econo/ 1 or more prem. ) '
N
TIER II - Ch. 2-58 () i ti1
Basic rr - ill
/ 1 or more prem. 1 ` 0 1�, F 3 r"
PACKAGES (CIIASKA ONLY) '
MINIVISIUN - 2 prem. j t
MAXIV1SION - 3 prem. 1 1'
TOTALVISION - 7 prem. J + i`
i
PREMIUM
HBO r,
r
TMC
u. ie
MAX -- }} L,0
SHO ,,
DISNEY
BRA 1
HTN
l ! i i
SPECTRUM
VI
ADDS (DAILY INSTALLS) ��??// I
CONNECTS 11111101111 .
DISCONNECTS (DAILY) .l „'„i
TOTAL 1111110111M _) 'a
2nd TV SETS al./ IMMO ('. -t1
z 7
41,j I :.ECC kty:.
JUL 1 1 19$3
CM
OF SH►KOPEE
Zylstra—United Cable Television Co.
Chaska Shakopee Northfield
123 West Third Street
P.O. Box 146
Chaska, MN 55318
(612) 448-3831
July 18 , 1983
Ms . Jeanne Andre
Administrative Assistant
City of Shakopee rj ; CISH
129 East First Avenue '
Shakopee , Minnesota 55379
Ciz
Dear Jeanne :
I hope the Monthly report answered the questions that you raised in
your letter of July 12 , 1983 , namely studio and office updates .
I will be present at the regularly scheduled Cable Commission meeting
on July 25 , 1983 and will give you the update requested . I have reser-
ved the fourth Monday of each month for Cable Commission meetings un-
less I hear otherwise from you . I will also attend any special meet-
ings upon request . If I cannot be present and the agenda contains
items related to the studio and public access , Bill Lepley will attend .
The last statement is directed at special meeting attendance .
I would be most happy to have Bill give you a tour of the studio/
office site before the next meeting or at 7 : 30PM. The tour should not
take longer than an half hour . Either 7 : 00 or 7 : 30PM would be just
fine .
Hopefully I will have the response to the questionnaire in your office
by 4 : 30 PM,Wednesday , July 20 .
Please give me a call if you have any questions .
Sincerely ,
Mary A. Smith , Manager
n r 41
MONTH ...._1 ‘ SYSTEM I \ Ai'
SUBSCRIBER COUNT DAILY / WEEKLY REPORT
TOTAL t1-11 N. !;.. '''• ;': / '- i 1 WEEKLY GRAND
TO DATE MON TUES WED THURS FRI TOTAL TOTAL
UNIVERSAL - Ch. 2-13
r7��� t
TIER I - Ch. 2-43
Econovision I- 1 1-1
Econo/ 1 or more prem. 1G ( , 1 • 1 1 I Ot I
TIER II - Ch. 2-58
Basic
Basic I or more prem. f
PACKAGES (CIHASKA ONLY)
MINIVISION - 2 prem.
MAXIVISION - 3 prem.
TOTALVISION - 7 prem.
r
PREMIUM
HBO
TMC
MAX •
SHO
DISNEY
- i) ,~11) (I
BRA
if I f
HTN
1 (� I 6 ") l',',�'
SPECTRUM
i(f
ADDS (DAILY INSTALLS)
.7c ')-1 3 3 l% j ` +") `ci
CONNECTS
(3-I; -lci 3F,,a_ 35 in ),.l,,,
DISCONNECTS (DAILY) 2 (� U )
Li..
TOTAL „, t/
2nd TV SETS I al
O'r uir3 - tm,
NDtubr7/5/eo
: ;
• Zylstra—United Cable Television Co.
Chaska Shakopee Northfield
123 West Third Street
P.O. Box 146
Chaska, MN 55318
MONTHLY REPORT 1141A E 14," 44$-3831
June 1983 r .s l .-:
TO: CABLE COMMUNICATIONS ADVISORY COMMITTEE JUL 1 5 1983
FM: Mary A. Smith, Manager
DT: July 14, 1983
CITY OF SHAKOPEE
Subscriber Information and New Installations - See Attachment A, Weekly Report with
To-date totals
Public Access Studio - The studio is under construction and is expected to be oper-
ational in mid August. See Attachment B, Public Access Report. The Public Access
Brochure and Community Calendar letter will be mailed out to communities groups
on August 1. A video tape production promoting public access should also be com-
pleted by the time Channel 3 begins programming in its new studio in August.
Shakopee Office - The office is located at 137 E. First Avenue and is scheduled to
open August 1.
Subscriber Complaints - During the month of June no complaints are documented other
than the general service calls which are routine work orders rather than complaints.
A Construction Complaint was registered by the City's EngineeringDepartment; an
eighteen inch whole was left open without a barricade around it by Z-U's subcontractor.
The matter was remedied by sending someone out immediately to make sure the problem
was corrected.
Equipment - Compuvid electronics that had been ordered in August finally arrive for
Dow Jones and UPI Channel services. Personnel from compuvid is scheduled to install
the equipment on July 12. (July 12 came and so did two compuvid men to install the
equipment and could not do so because it was programmed incorrectly.) There is a
rush order to have the situation corrected as soon as possible.
Some reserve channels that had been in for repair arrived and are ready to be
used in case other channels go down.
Construction - The core area underground ties are underway. The cable has been push-
ed through in some areas. Lines have. to be tested for signal strength and balanced.
Underground areas in the core zone should begin to open up the week of August 18 for
installations.
Conduit is being plowed in on County Road 16 east of the headend sight as
specified on the maps.
Maps - No changes have been made to date. As built maps will be provided to the city !,
when the system is complete.
Zylstra—United Cable Television Co.
Chaska Shakopee Northfield
123 West Third Street
P.O. Box 146
Chaska, MN 55318
(612) 448-3831
PUBLIC ACCESS REPORT
JULY 14, 1983
Hello again! Just a note to let you know how the
Shakopee access studio is coming along. We do have a definite
studio site now. It is located at 137 First Ave , right
next to city hall. It' s a great location with plenty
of parking in the rear and an easilly accessable rear
door. The interior is a complete mess right now as we
are in the process of tearing down old walls and putting
up new ones. My equipment supplier phoned today to
inform us we have a truckload of studio gear in.
I have already been doing some production in
Shakopee for the access studio. The Scott County Reserve
Unit called and asked us to video tape their 3 kilo
and 10 kilo marathon run. We were up early Saturday morning
to get ready for this one! I had mounted a porta-pac
camera in the rear of a pick up truck so we could follow
all of the action. The Scott County Sherrifs office
called to to inform me that they are interested in
doing programming on channel 3.
As to the latest update , I have completed the
Mailing list and composed a brochure on public access
to be mailed soon. I am anticipating the studio to
become operational the first couple of weeks in August.
Well I'm on my way to the printers now, so untill
next time
. Since ely,
Studio Manager
MON'I'll 1 , I SYSTEM , ,
SUBSCRIBER COUNT DAILY / WEEKLY REPORT
TOTAL r('`� 7k . j I/'/,_4_,
WEEKLY GRAND
TO DATE MON TUES WED TH�RS FRI TOTAL TOTAL
UNIVERSAL - Ch. 2-13 c, ` F
TIER I - Ch. 2-43
I o
Econovision `-1 , r -- 1-1
Econo/ 1 or more prem. % 0, ( / - 3 lot
TIER II - Ch. 2-58 C�B35iC 1kil ��
4 1
Basic / 1 or more prem. ��1 . e I,,a
�. --' 3 ",,) t2
PACKAGES (CHASKA ONLY) k"".
U i 1
MINIVISION - 2 prem. „-,..__ ,
MAXIVISION - 3 prem. U
TOTALVISION - 7 prem. J { �
PREMIUM
HBO (
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TMC l,�
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DISNEY
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ADDS (DAILY INSTALLS)
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TOTAL 3 ...)
2nd TV SETS 01/ ( . MN
k' •2)1/
ttkopee mond tuuitU erUirto
129 Levee Drive
Shakopee, Minnesota 55379
Phone 445-2742
Community Education • Parks • Recreation • Adult Education
July 11, 1983
MEMO TO: John Anderson, City Administrator
FROM George F. Muenchow
SUBJECT: Memorial Park Millpond Treatment Program
As you know, this was to be the summer for treatment of the Shakopee Memorial
Park Millpond with a copper sulfate solution for the purpose of diminishing
the algae growth that normally takes place in summer in that body of water.
Unfortunately or perhaps fortunately, depending on how you look at it, the
treatment has not been able to happen this year. During four different time
periods, the pond has overflowed due to run—off from the Minnesota River
during high water periods including the most recent instance of right now.
It now is too late in the year for application of chemicals but we will plan
for introduction of the same next summer.
c.c. Jim Karkanen
A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954
/)
MEMO
TO: John K. Anderson
City Administrator
FROM: Don Steger
City Planner
RE: Site for Mobile Home Park
DATE: July 12, 1983
Introduction
The 1983 Goals & Objectives 4 . 19E requested the staff to
investigate a suitable location for a new mobile home park.
Background
For the past year and a half, I ' ve been discussing with realtors
the possibility of placing any new mobile home parks along East
4th Avenue (east of the KC Hall and adjoining cemetery). The
concensus is that this general location would be ideal for such
a facility for several reasons :
1 . The mobile home park would provide an excellent buffer between
high density residential land to the west and industrial
development to the east.
2 . The mobile home park would be compatible with existing and
planned future land uses in the area.
3 . The area is very aesthetic for such a facility and it ' s well
screened by existing vegetation.
4 . Utilities are either currently available or in close proximity
to the general area.
5 . Access to the area is excellent.
There has been interest in this area on the part of local realtors
and mobile home park developers . In fact, a proposal for a mobile
home park ih this area almost became a reality a year ago, however,
some private property negotiations were not finalized due to
economics . Additional interest in this area of Shakopee will un-
doubtedly continue in the future.
Although a rezoning of a larger tract to the B-1 Zone would be
necessary to accommodate a mobile home park, I would not anticipate
a problem with such rezoning request. The I-1 and R-4 zoning
currently exists in the area. Informal conversations with several
Planning Commissioners seem supportive, if a specific mobile home
proposal is made.
John K. Anderson July 12, 1983
Mobile Home Park Site Page -2-
The City Code contains a section which provides strong controls,
regulations and design criteria for new mobile home parks . I 'm
confident that a new mobile home park could be an asset to the
community.
DS/jvm
tiltoper TurninultitU #critires
129 Levee Drive
Shakopee, Minnesota 55379
Phone 445-2742
Community Education • Parks • Recreation • Adult Education
George F. Muenchow, Dir.
7/14/$3
John Anderson
F.Y.I.: Swimming Pool
The extreme heat is apparently bringing out the best of some
people.
Two irate mothers can't understand why we won't allow waiting
mothers and their kids to go on the beach area and also into
the water at the 5:30 - 6:15 Swim Lesson time period while
they are waiting around for their other child to finish swim
lessons. This has not been ever even suggested by anyone
previously, but as I said I guess that the hot weather has
changed conditions. Current rules are that those waiting stay
in the enclosed concession stand fenced area. Frankly we would
prefer that they would leave entirely during that time.
The specific complaints :
1 . Why aren't the umbrellas up on the concession stand tables?
I didn't know why and I said I would find out. Current mgrs
say they haven't used them in two years which was a surprise
to me and they now are up.
2. Why can't the people waiting for their kids during the 5 :30
swim lessons go sit on the beach or at the edge of the water
or under the sun shelter at the west side of the pool?
This is distracting to a certain extent to the students.
Secondly when you allow the public an inch, they take a mile.
Example as told by the Asst Mgr. :
Monday. . .Crowd spilled over from the concession area
and sat on benches in front of cement area of
bathhouse. Managers ignored this and thought
maybe it would be ok.
Tuesday. . . ..The crowd brought along folding chairs and
sat on the beach area in front of the concession
stand, besides sitting on the benches in front
of the bathhouse. Because of an overcrowded
session managers are teaching a class also at this
time so are not available to watch over the on-
lookers. Halfway through the class period the
manager noticed people in the water etc. She told
everyone to stay out of the water.
A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954
w f
it
Wednesday. . . .The parttime asst mgr, who worked that evening,
was previously told to tell everyone that evening
to stay back off the beach etc.
These two ladies that called feel that we being inconsiderate during
this warm weather by enforcing this policy. The manager feels that
most of the parents waiting understand and don't feel this way.
We are really oberbooked at this time period this session which
has provided some difficulty for the staff as they have had to re—
arrange classes each of the first three evenings to get students
together of equal ability. As a result the class period was extended
that many minutes these first three evenings to provide the expected
lesson time.
The manager will review the whole situation with the waiting crowd
again this evening.
George F. Muenchow
EHLERS AND ASSOCIATES, INC.
FINANCIAL SPECIALISTS
FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS. MINNESOTA 55402 339-8291 (AREA CODE 612)
File:Financial Specialists:Ehlers and Associate Inc.
Please distribute to governing body members.
July 1, 1983
Newsletter
Fixed income securities suffered significant price drops (increases in interest rates) in May. The
general increase is attributable to the huge federal deficit, the concomitant, monetized, federal
borrowing, and the inflationary fears generated. But the extraordinary increase in tax-exempt yields
is due to a proposed Federal rule that after July 1 tax-exempt bonds must be registered or become
taxable and this induced a great influx of bond issues. Funny (not so funny) how a couple of bureau-
• crats, proposing a rule, can have such devastating effects. The Bond Buyer Index of 20-bond, 20-year
yields rose from 8.78% in early May to 9.78% on June 3.
Registration will not be as burdensome as many believe, given the state of the art in computers and
communications. The large, fancy-bordered, semi-annual interest coupon bonds have their own problems
of multiple processings, errors, storage and delivery. Initial costs may be higher but, in the long
run, eliminating the manual processing of tens of billions of dollars of bonds will reduce costs.
Local governments can be their own registrars but there is apprehension that the list of owners will
become public information which might seriously impair their market. Initially, issuer registration
is probably not wise.
Back on deficits and inflation: The Williamsburg meeting re-emphasized that the dollar is the world
currency and that deficits inflate, not only our currency, but other currencies and raise interest
rates which, worldwide, is the most serious damper on economic recovery. But President Reagan re-
sists early reduction of deficits--for a good reason: Unless Congress can agree on substantial
spending cuts, the only way the deficit can be reduced is to raise income taxes which would further
increase our production costs. We can't hold our own in the United States let alone in world mar-
kets. What if we raise costs further by increasing the income tax on production? A Catch 22--or is
it?
The income tax is a huge tax on the means of production, not only on capital (until recently taxable
interest rates were almost 100% higher than tax-exempt rates), but on labor and management, and this
tax, added at each step of production, increases the cost of our products and services. Further in-
creasing costs are the overwhelming legal, accounting, managerial and clerical expenses required to
administer, enforce and to comply with an incredibly complex income tax. Burdened by huge production
taxes, our goods and services simply cannot compete.
Is it clear that the form of our taxes materially affects our competitive position? Would it be much
smarter to impose the tax at the end of production--at the retail level? We would then tax consump-
tion of foreign as well as domestic products to pay for our governmental programs. Regressive?
Well , what's so progressive about inflation and unemployment? What's progressive about our income
tax increasing the cost of our products while the domestic consumers of foreign products are exempt?
We must look at the form of our tax structure if we are to eliminate the deficits and be competitive.
The various conventions and conferences give us an opportunity to see more people than we could see
in months of travel and to share in your ideas and concerns. It was particularly rewarding to assist
in the hosting of the International Municipal Clerks and Finance Officers Convention held in Minneap-
olis.
Welcome Carolyn Drude who has had fourteen years' experience with Ehlers and Associates in the public
finance field and who rejoins us after three and one-half years in county administration as Executive
Secretary to the Isanti County, Minnesota, Board of Commissioners. With her long and varied experi-
ence in finance and government administration, she brings a wealth of knowledge to Ehlers and Assoc-
iates.
With warmest regards to you all, we are
Very truly yours,
EHLERS A AS CI I. .
rt L. Ehle4�
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13
CITY OF SHAKOPEE
HPIl,1) 1Nr; ACTIVITY RI';POR'1, JUNE, 1983
PERMITS ISSUED Yr. to Date Total Previous Year
5976 - 6012 Number ' Number Valuation Number Valuation
' .MO. YTD. -
Single Fam. -Sewered 6 28 1 ,646 , 377 1 6 334,020
Single I'am. -Septic 2 6 429 ,460 2 3 209,500
Multiple Dwellings - 6 565 , 300 2 6 528,240
(Mo.Units) (YTD Units) - ( 16 ) (4) ( 18)
Ilwel 1 ink! Additions 10 31 525 , 752 11 32 214,213
Other - 2 23,000 - 3 73 , 780
Business District 2 3 30, 500 - - -
Agricultural
- - - - _ -
industrial -Sewered - - - - - -
Industrial -Septic
Accessory/Garages 8 13 125 ,913 6 21 122,350
Signs & Fences 5 24 28 , 177 6 24 31 ,646
Fireplaces/Wood Love - 6 18 ,025 - 4 4,955
C rrd i rrlr/I uundat;ion - 8 90.884 1 2 11 ,165
Remodeling (Res. ) 2 14, 178 4 16 50,400
(Remodeling ( Inst . ) - 1 100,000 - -
Remodeling (Other) - 8 32 ,640 1 12 699,048
TOTAL TAXABLE 35 159 3 , 530,206 36 141 2 , 279 , 317
'0) i'AI, I NST I TUTTCNAL - 1 100,000 - - -
(IItANI) TOTAL35 160 3 ,630 , 206 36 141 2 , 279 , 317
MO . YTD . MO. YTD .
Variances 2 9 4 10
Conditional Use 1 5 2 11
Re-',;oni ng - - - -
Moving - - -
Electric Permits 22 83 16 75
Plmbg. & Htg. Permits 21 98 27 81
Razing Permits
Residential - - - -
Commercial - - - -
Total dwelling units .in City after completion of all construction permitted
to date 3 ,627
Cora Underwood
Bldg. Dept. Secretary
/ 3
CITY OF SHAKOPEE
BUILDING PERMITS ISSUED IN JUNE, 1983
5976 Lesters 1788 Marschall Rd. Stg. Bldg. $ 12 , 515
5977 E.L. Prahm 627 E. 1st Alt . 1 , 000
5978 Robert Nelson 1107 East 1st Ave . Sign 500
5979 R.A. Ungerman 810 Scott St . Repair 1 ,000
5980 E. L. Prahm 1074 Legion St . ,, House 73 , 000
cr7 'de '� -
5981
Petroleum Equip. 406 West 1 t Addn. 16 , 700
5982 Valley Fair Addn. 8 ,000
5983 John Thilgen 418 Pierce Addn. 1 ,000
5984 Allen Olsen 870 Prairie St . Addn. 640
5985 John Hennen 421 E. 3rd Addn. 2 , 300
5986 Dan From 1005 Naumkeag House 55 , 000
_
5987 Hart Custom Homes 1154 Austi St . / House 70, 110
c,-, ,,e,
5988 Dan Loerzel `� 413 W. h Garage 5 000
s
5989 Menard Agri-Bldg. 2401 Marschall Rd. Stg. Bldg. 12 , 000
5990 H.R. Tenneson 302 Shawnee Trail Addn. S77
5991 Bruce Hedin �f 1006 Minnesota House 55 ,017
5992 / 8145 `� '� `D
Mark Lundby H_ ' zon D House 90,000
5993 Ralph Thomas 1127 Jack Stg. Bldg. 750
5994 Cancelled
5995 Kenneth Breimhorst 629 Spencer Garage 6 ,048
5996 Laurent Builders 426 W. 13th . House 65 , 500
5997 Lawrence Signs 1127 MN "Valley�Mall ' Sign 900
5998 Const . "70" 1107 E. 1st Alt .
1 ,800
5999 Larry Zdenek 604 Spencer Fence 100
6000 David Lindsay 1065 Swift Fence 825
6001 Leroy Menke 1033 S . Main Addn. 6 , 500
/-3
6002 Cancelled
6003 Dennis Weckman 2013 Hilldale Dr. Addn. 1 , 500
6004 David Lindsay 1065 Swift Addn. 9 , 000
6005 Raymond Pink 1028 Jackson Addn. 2 ,000
6006 Valley Signs 435 E. 1st Ave. Sign 3 ,000
6007 Steven Muhlenhardt 7556 Eagle Creek B. Stg. Bldg. 8, 900
6008 Ray Hennes 326 S . Apgar Garage 6 , 500
6009 John Lallak 529 E. 3rd Ave. Garage 7 , 500
6010 Lambrecht Const . 22/0.75 Earl/ewood Lfa/ne //,House 65 ,000
6011 W. Lindemann 7979 Martindale Dr. Addn. 5,000
6012 Narva Corp. 1100 Merritt Court House 58 ,000
,-1`/.5-/5-Z ,fr4-/ ._.f./r_c7
$653, 182
�� . L7
PROCEEDINGS OF THE SHAKOPI;N; CABLE COMMUNICATIONS
ADVISORY COMMISSION
REGULAR SESSION JUNE 27, 1983
Chrm. Anderson called the meeting to order at 7:40 P.M. with members Harrison,
Abeln and Davis present. Member Williams was absent. Also present was Jeanne
Andre, Admin. Ass't. Mary Smith, Regional Director for Zylstra-United (ZU),
arrived a little later.
Members reviewed the draft of the FCC Waiver Petition. Chrm. Anderson asked
what figure would be used for the number of miles of cable in the system. The
Admin. Ass't. said it would be the number of miles when the system is completed,
which is approximately 55 miles. She added the projected budget figures are
based on ZU reaching its anticipated penetration figures. Discussion followed.
Harrison/Abeln moved to approve the final draft of the FCC Waiver Petition, and
moved to forward a copy to ZU and City Council with a recommendation of approval
and submission to FCC. Motion carried unanimously.
Mary Smith arrived at 7:50 P.M.
Ms. Smith said she could answer many of the questions in the May 25, 1983 letter
relative to the Cable Franchise Ordinance verbally, but she did still intend to
prepare a written answer. She said she hoped to be able to reply by the deadline,
but would like to request an extension in case she couldn't get the reply to the
City by then. She said some of the services they deliver depend on the under-
ground, which isn't complete, so it is hard to evaluate when the system is totally
installed.
Harrison/Abeln moved to grant an extension of 15 days for ZU to answer the letter
of May 25, 1983 relative to the Cable Franchise Ordinance. Motion carried
unanimously.
Ms. Smith addressed the question of providing Channels 29 and 41. She said pro-
viding these channels does cost ZU money, because they do not have the specific
equipment necessary at the headend; which cost is approximately $4,000. She said
so far they have had only 1 or 2 inquires about those channels. She said they do
plan to budget for them, and would like to pick them up in the future. She said
the station also has an obligation to petition the company to have it carry the
channel. She explained about the 35 mile ruling, and said under that Channel 29
is a must-carry and Channel 41 is a may-carry. She said if they pick up Channel
29, it would have to be offered on the universal service, because it is an on-air
channel, and that requires some juggling of channel space.
Ms. Smith gave an update on the negotiations relative to the Color Weather Radar
service. She said that now there is some question about whether or not Kavouris
can sell the Tritan service to cable companies. She outlined some of the other
costs involved. She said she is waiting for WCCO to provide her with a L st of
just what she needs to deliver its service. She said they hope to make a decision
by the end of the week, regarding the Color Weather Radar Service.
Shakopee Cable Communications
June 27, 1983
Page 2
Comm. Harrison initiated discussion regarding channel substitutions and devia-
tions in service. He asked where the AP News channel is. Ms. Smith said that
Minnesota AP was proposed, but they changed to UPI because they felt the Minne-
sota news was better on it. She said it should be on Channel 23. She said if
it was not on, it was because the computerware was not here yet.
Comm. Harrison a„kcd what is ZU's philosophy for replacement when a satellite service
fails and a channel is not available. Ms. Smith responded they try to replace it with
a comparable service. She said they usually receive a 30 day notice that it is
going off the air, and they will notify subscribers.
Comm. Harrison asked about Great Northern Cable. Ms. Smith said she wasn't sure
where it came from, but she would check on it. She said it is the community's
system, and they should let the company know what they would like on the system.
She said now that the system is in operation, you will be notified in advance of
any changes in channels. She said there should be 37 working channels.
Comm. Harrison said he receives everything that is in the ordinance or is noted
in the first monthly report, except for Channel 23.
Chrm. Anderson asked about the random flashing of several letters on Channel 3,
10, 13 and l4. Ms. Smith said she was not aware of it, and she was sure it did
not start out that way. She thought it should flash "Reserved for Institutional
Network" and on Channel 13 "Community Calendar". She would check on it.
Ms. Smith reported on progress with the studio. She said they have all the walls
out, and are waiting for an electrical bid. She said the plans are complete, ex-
cept for the actual office plan. She said ZU's President, Jim Abbott, just ar-
rived and wants to review the studio work.
Discussion ensued regarding Commissioners' questions on the Cable Franchise Ordi-
nance, commencing at Section 7, page 42 of the ordinance. The following questions
and topics were discussed.
7.01, page 42: Chrm. Anderson asked about the rate structure. Comm. Davis res-
ponded that this means the differential between the core area and line extension
areas would remain the same in the future.
7.03, p. 43: Ms. Smith said the mapping has not changed. She explained there is
a possibility that the proposed aerial placement of the cable may be changed to
underground at one location on CR16, and would possibly run on the south instead
of north side of the road. She said a decision has not been made yet, and the City
would be notified prior to a change.
The Admin. Ass't. asked if the penetration figures projected for one year are to
be measured by the date of acceptance of the franchise or activation of the system,
or some other date. Ms. Smith said she thought ideally it would be one year from
the signing of the ordinance. She said installations are really going slow because
they are having difficulty finding people at home for the installations. She said
she would like to get some direct marketing people in to help with the selling and
scheduling of installations. She asked if it was necessary to get a permit for this.
The Admin. Asst. didn't think it was necessary, but advised her to check with the
City Clerk. Ms. Smith said she hoped to start July 7, and this should help speed
up the installations.
allario.k el; Lauf e uoinniunlcations
June 27, 1983
Page 3
Comm. Harrison asked if ZU had ever considered giving some sort of sampler pack-
age for a certain price to allow subscribers to check out the other channels.
Ms. Smith said there are various marketing techniques they may use. She said
they may have a special premium night for all cable subscribers
7.09, p. 46: Chrm. Anderson asked if the City notifies ZU if it makes any changes
in the utilities from aerial to underground. The Admin. Ass't. said she thought
there was good cooperation between the City and all utili.;,ie•s in City easements or
right-of-way.
Ms. Smith asked if there was some way that ZU could be notified when someone files
a building permit, so they could put in their cable during construction. The
Admin. Ass't. said she would check with the Building Dept. , but she would think
it might work better if ZU would prepare some sort of informational sheet that
might be handed out at the time of building permit.
8.02, p. 50: Ms. Smith said the request for copies of all communications submitted
to the Board, FCC, etc. is pretty standard. The Admin. Ass't said these could be
attached to the monthly reports when necessary. The Admin. Ass't asked for a copy
of ZU's request to the State Cable Board for confirmation. Ms. Smith will provide
it.
8.03, P. 51: Chrm. Anderson asked when the annual report is due. The Admin. Ass't
said the annual fees are due by January 31, so that is when the annual report is
made. Ms. Smith said she didn't feel there would be any problem in paying the mini-
mum $2500 franchise fee.
The Admin. Ass't asked for a copy of the work order and converter contract that is
left with a subscriber.
8.06, p. 52: Discussion followed regarding ZU's complaint system. Ms. Smith ex-
plained the different procedures that are followed in handling all complaints,
whether resolved over the phone or requiring a house call. Ms. Smith said she
would provide a copy of their written complaint form.
Paragraph D, p. 53: Comm. Abein asked about the 72 hours without all-channel service.
Ms. Smith said most ordinances stipulate 48 hours.
8.08, p. 54: Ms. Smith said ZU doesn't use an on-going service contract, because
they don't want to bind people into a contract. Subscribers can just bring in their
converters and cancel the service. Therefore, this section doesn't apply. She
said with an addressable system, a lot of these requirements are obsolete. The
ordinance was written without knowing it would be an addressable system.
8.09, p. 56: Ms. Smith said there is no charge for disconnection, and there is no
charge for a drop in service. However, for a lateral change, there is a charge.
She further explained the charges for changes in services.
Ms. Smith said they have a regular form letter they use for delinquent accounts.
It is company policy to wait 90 days instead of 60 days to disconnect. She will
provide a copy of this form letter.
8.10, p. 58: Comm. Harrison asked if the new law (U.S. Senate File 66) supercedes
the ordinance in terms of rates. Ms. Smith said that is so speculative, they are
not even considering it.
Chaska Cable Communications
June 27, 1983
Page 4
•
8.10, D, p. 59: Ms. Smith said they do run into services requests and claims
for damages. So far they have been able to resolve them to everyone 's satisfac-
tion.
8.12, p. 64: Chrm. Anderson asked the purpose of these periodic reviews. Comm.
Davis said they might be requested if the company was having an excessive number
of complaints.
9.02, p. 71: Chrm. Anderson asked about the security fund. The Admin. Ass't
said there is a $10,000 security fund on deposit.
9.06, p. 77: The Admin. Ass't said ZU has submitted proof of their performance bond
to the City.
9.08, p. 79: The Admin. Ass't said ZU ;ubmiti,od a certificate of insurance and a
copy of their insurance policy.
13.04, p. 91: Ms. Smith said they have two very simple agreements, Cable Access
Agreement and Pre-Wire Agreement for whenever they go on property that is not a
private home. She will provide the City with a copy of each.
14•03, p„ 9u: Mc. ;_;m1Lli udd uvery agreement, they enter into mentions the 15 year
team of the franchise.
14.08, p. 102: Ms. Smith said the City has been notified of every contractor that
works for them.
Chrm. Anderson said this is all the further in the ordinance he reviewed, so there
may be more questions at a later time from the last part of the ordinance.
Comm. Harrison asked about a lock-out devise. Ms. Smith said a lock-out devise
is available and is furnished at no additional cost. She said it can lock-out
up to i,hrce pay channels.
Ms. Smith said the equipment for FM just came in, so that should be available soon.
Harrison/Abeln moved that when we adjourn, we adjourn to July 11, 1983 at 7:30 P.M.
to consider the Access Corp. By-Laws. Motion carried unanimously.
Consensus was that the May monthly report was satisfactory.
Chrm. Anderson reported on the luncheon sponsored by Minnesota Association of Cable
Television Administrators (MACTA), whose purpose is to establish an information
sharing system about cable television, and also the formation of a formal front to
influence legislation. Chrm. Anderson suggested at least one member of the Com-
mission be a member. He will pass around his information so everyone can read it
and discuss it at the next meeting.
Chrm. Anderson said next Tuesday, July 5, 1983, at 8:00 P.M. Bill Frenzel is going
to be in Prior Lake and he intends to go talk to him about S.F. 66, the telecommunica-
tions bill.
Abeln/Harrison moved to adjourn at 10:25 P.M. Moti m carried unanimously.
Jeanne Andre
Admin. Ass't,
Diane S. Beuch
Recording Secretary
/
MINUTES OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
(Regular Meeting)
The Shakopee Public Utilities Commission convened in regular session on
June 2, 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 and Kirchmeier. Also Superintendent
Leaveck, Manager Van Hout and Secretary Menden. Commissioner Cook and Liaison
Wampach were absent.
Motion by Kirchmeier, seconded by Bishop to approve the minutes of the May 2,
1983 regular meeting. Motion carried.
BILLS READ:
Minnesota Municipal Utilities 720.00
City of Shakopee 20,032.00
Associated Asphalt, Inc. 54.00
Auto Central Supply 58.49
Bentz Construction Inc. 359.80
Burroughs Corporation 299.25
Burmeister Electric Company 3,652.03
C. H. Carpenter Lumber 58.40
Capesius Agency, Inc. 215.32
Chanhassen Lawn and Sports 45.17
City of Shakopee 31,518.00
City of Shakopee 1,011.37
Dicks Service Station 9.00
Direct Safety Company 50.57
Dunnings Hardware Inc. 30.32
Feed Rite Controls, Inc. 720.61
Graybar Electric Co. 7,882.63
H. & C. Electric Co. 576.05
Hach Chemical Co. 71.86
Henningson, Durham & Richardson 253.47
H. M. Cragg Company 75.50
Harmons Hardware Hank 19.26
Jerome Jaspers Co. 7,134.71
Leef Bros. , Inc. 23.90
Lundgren Excavating 305.00
Metro Salea Incorporated 104.94
Motor Parts Service 14.43
Northern States Power Co. 701.60
Northern States Power Co.
Pitney Bowes 219.00
Reynolds Welding Supply Co. 2.75
Receivables Management Inc. 14.56
Serco 56.00
Shakopee Hardware 86.01
Shakopee Public Utilities Commission 68.12
/)
Shakopee Services 18.00
Shakopee Valley News 49.76
Tom Siebenaler Sodding 9.45
Starks Cleaning Services 17.30
Spuhl Anderson Machine 62.74
Suel Business Equipment 95.35
Total Tool Supply 192.90
Louis Van Hout 61.00
Wesco 3,177.49
Water Products Co. 3,489.22
City of Chaska 1,302.00
Pheoll Manufacturing 38.19
Motion by Kirchmeier, seconded by Bishop that the bills be allowed and ordered
paid. Motion carried.
Manager Van Hout informed the Commission that there are openings to
serve on the MMUA Board if the Commissioners are interested.
Motion by Bishop, seconded by Kirchmeier to offer Resolution #260
A Resolution to amend Resolution #257 Adopting Personnel Policies for Employees
of the Shakopee Public Utilities Commission. Ayes: Commissioners Bishop and
Kirchmeier. Nayes: none. Resolution passed. Motion carried.
Manager Van Hout reported on the legislative action that was taken on the
service area legislation.
The River Electric Association of which Shakopee is a member, is establishing
a joint powers agreement which they would like all their members to be a part
of. A discussion followed on the Joint powers agreement.
Manager Van Hout informed the Commission that he will forward our contract with
Northern States Power Co. on to our attorneys for perusal and their recommendations.
The water service for the Halo Addition was discussed. A letter will be sent
out to the developers and owners stating what service is available.
Commissioner Kirchmeier asked Manager Van Hout to check on the status of the
street light for the Marystown Road.
The status of the negotiations with Northern States Power Co. were updated by
Manager Van Hout.
An easement for the 4 plexes being built on Co. Rd. 17 and 10th Avenue was
discussed. Manager Van Hout informed the Commission some remodeling of the system
in that area will be done at this time along with the underground system for Links
4 plexes which will lessen the easement requirements on some adjacent property.
The proposal to St. Francis Hospital and to Scott County due to the request to
move our lines from Block 57 was discussed.
Manager Van Hout requested vacation time from June 23 to July 5, 1983.
There were no new plats for May, 1983.
Superintendent Leaveck reported 6 fire calls for a total of 4 hours and 15 minutes
for May, 1983 .
t7
There were no lost time accidents for May, 1983.
There will be a special meeting on June 30, 1983 at 4:00 P.M. in the Utilities
meeting room.
The next regular meeting will be held on July 13, 1983 at 4:30 P.M. in the
Utilities meeting room.
Motion by Bishop, seconded by Kirchmeier that the meeting be adjourned. Motion
carried.
('t tP,(1)1`"1N:, ,--,-:„..„)
Barbara Menden, Commission Secretary
John K. Anderson/City Administrator FROM: CITY OF SHAKOPEE
10: 129 East First Ave., Shakopee, MN
Zip 55379 Phone (612) 445-3650 /(1-2
Name: LeRoy Houser
SUBJECT: Hauling of debris from house on 3rd Avenue DATE July 13 , 1983
I gave Tom Siebenaler a stop work order on 7/12/83 and told him to contact the
City Engineer for a earth moving permit on 7/13/83 . Larry Link came in and
applied for the permit . Bo told him to separate the inorganic and organic
materials and haul the inorganic to the site to use for fill only. He also
informed him there will be a double penalty fee for hauling without a permit .
Evidently someone at Council level told Mr. Marschall we would make them re-
move everything that was hauled in. I don' t have the authority to order this
and it is not provided for in the City Code .
REPLY TO DATE BY
RETURN PART 1 TO SENDER WITH REPLY BY
�! RMCC 847-3
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/9
MEMORANDUM
TO John K. Anderson
City Administrator
FROM H. R. Spurrier � frAll,
City Engineer
SUBJECT: Height Variance for Fenc- at 1756 Montecito Drive
DATE July 13 , 1983
Introduction
Planning Commission received a request for the above-referenced
variance in their meeting July 7 , 1983 .
Background
When I reviewed this proposed action with the City Planner, we
drove out to Monticito Heights and I drove through the intersection
from Montecito Drive and through the intersection from County
Road 16 . The fence, as proposed and as approved, obstructs vision
so that vehicles approaching the intersection in County Road 16 , at
55 m.p.h. have insufficient sight stopping distance. Sight stopping
distance is the linear measure from the point at which an automobile
would perceive a hazard and then react to that hazard and stop the
automobile. For 55 m.p.h. , the sign limit, sight stopping distance
is 550 feet. Several years ago, County Road 16 was speed zoned and
the average speed was found to be more than 60 m.p.h. sight stopping
distance for 60 m.p.h. is 650 feet.
With poor conditions, an automobile traveling less than 8 m.p.h.
could drive past the proposed fence and out to the center of
County Road 16 in less than 5 seconds. During the same 5 seconds,
a car on County Road 16 would travel approximately 200 feet before
it could even begin to stop, then it would skid another 275 feet
and still be going 30 m.p.h. when it met the first car at Montecito
Drive.
That 30 feet does not sound like much, but on County Road 16 , it
would give the second car 22 more seconds to stop, or 22 more
seconds to avoid the first car.
I am particularly concerned about corner obstructions. There seem
to be a growing number of these obstructions cropping up around
town in violation of City Code.
John K. Anderson July 13 , 1983 1q
Height Variance Page -2-
It is my belief that the City is unnecessarily creating dangerous
intersections in this community and will pay for it sometime in
the future.
I understand that I previously stated I would leave the matter in
your hands . However, after analyzing this in detail, I believe
I have no other choice but to appeal the action of the Planning
Commission.
Therefore, I hereby appeal the height variance granted for 1756
Montecito Drive and recommend the fence be set back 30 feet from
the property line or reduced in height to code requirements .
HRS/jvm
W.
City of Shakopee
KoP f POLICE DEPARTMENT
,.' (`,,+` ��1'.,,7Y 476 South Gorman Street
I ' 1. f! SHAKOPEE, MINNESOTA 55379
'fiV,----L-•
- �. �a) )�
�' '-
TeL 445-6666
r
\ 5537
TO: TO WHOM IT MAY CONCERN
FROM: DEPUTY CHIEF, JOHN J. DUBOIS
SUBJECT: PRIVACY FENCE
DATE: JULY 5, 1983
On July 5, 1983 at 10 : 30 a .m. , I inspected the intersection of
Monticeto Hts . and Co. Rd. 16 at the request of Steve Wermerskirschen,
1756 Monticeto Dr, Shakopee, reference the proposed fence causing
obstruction of view for traffic east of Monticeto Hts. on Co.Rd. 16 .
It is my opinion that the fence, 6 foot back of Highway right of way,
will cause no visual obstruction.
I/-;;,/,/ ,/'-----;.-1,
John J DuBois r
•
o .wave go Jn-wrotect
tin SCOTT COUNTY
HIGHWAY DEPARTMENT
{ e" z•
COURT HOUSE A106
SHAKOPEE, MN. 55379-1396 (612)-445-7750, Ext.346
'mss I !•:
Highway Engineer:
E.W. PRENEVOST
• June 23 , 1983
Mr . Steve Wermerskirchen
1756 Montecito Drive
Shakopee, Minnesota 55379
Re : Fence Setback
CSAH 16
Dear Sir :
You have inquired about the erection of a fence paralleling
County State Aid Highway (CSAH) 16 in Montecito Heights ,
Second Addition in the City of Shakopee.
The plat for Montecito Heights indicates that a 50 foot
right of way has been dedicated North of the centerline of
CSAH 16 . It will therefore be necessary for you to erect
the fence beyond this 50 foot right of. way .
The County does not have jurisdiction beyond the right of
way within the corporate limits . Because of the T intersection,
stop sign condition and reduced visibility at other side
roads in the immediate area , I do not object to the fence
being placed at a point beyond the 50 ' right of way.
Yours truly,
E. W. Prenevost
County Highway Engineer
EWP/sal
An Equal Opportunity Lnrj•loNer
410
DATE: July 7 , 1983
ITEM: Conditional Use Permit
APPLICANT: Steve Wermerskirchen
LOCATION: Corner of County Road 16 & Montecito Drive
1756 Montecito Drive
Lot 1 , .Block 1 , Montecito Heights 2nd Addition
ZONING: R-1 (Rural Residential)
LAND USE: Single Family Residential
APPLICABLE REGULATIONS : Section 11 . 04 , Subd . 6 ; Section 11 . 05 ,
Subd . 4 ; Section 4 . 03 , Subd . lA
FINDINGS REQUIRED: Section 11 . 04 , Subd . 6A
PUBLIC HEARING HELD
CASE HEARD BY PLANNING COMMISSION
APPEAL TO CITY COUNCIL
Proposal
The applicant is requesting a Conditional Use Permit in order to
construct a privacy fence , 72 feet in height, within the front
yard setback .
Considerations
1 . The City Code requires a Conditional Use Permit for fences
over 3 feet in height when located within the front yard
setback . The applicant ' s lot is a triple frontage lot and ,
therefore , has three front yards in regards to setback require-
ments . Even though the fence is proposed in the rear yard ,
the front yard requirements pertain due to frontage on County
Road 16 and Montecito Drive .
2 . The privacy fence is proposed to be 72 feet in height in order
to effectively screen the windows of the house from County
Road 16 . Because the lot slopes upward from the county road
to the house , a fence of this height is needed for privacy.
3 . The framing for the fence has already been constructed . This
initial construction occured without a Building Permit, which
was observed by City staff . When reviewed , it was determined
that the fence frame is located 62 feet within the County
Road 16 right-of-way. This situation will not be permitted by
the County Highway Engineer (see letter attached) and the framing
will have to be removed from the right-of-way.
4 . The City Engineer is concerned with the visibility at the
intersection of County Road 16 and Montecito Drive . In
reviewing this case , the City Engineer indicated that he
cannot approve the fence installation because it creates a
dangerous intersection . It is his opinion that this fence should
ail
Planning Commission July 7 , 1983 )1
Wermerskirchen Cond . Use Permit Page -2-
not be placed within the 30 foot front yard setback in order to
maintain a visible intersection. The City Engineer is particu-
larly concerned with cars making a "rolling" stop into County
Road 16 and the inability for a westbound car to stop in time
to avoid an accident.
The County Highway Engineer does not have concern over inter-
section visibility at this point and is comfortable with the
fence as long as it ' s outside the county road right-of-way.
5 . If the proposed fence is approved by the Planning Commission ,
County Road 16 will be entirely visible from a car stopped at
the intersection of County Road 16 and Montecito Drive (a stop
sign on Montecito Drive currently exists) . However, a car
approaching the stop sign on Montecito Drive will be within
approximately 30 feet of the stop sign before a westbound
car on County Road 16 will view it . The reaction time appears
insufficient in order to avoid an accident if a complete stop
is not made by the car entering the county road .
6 . Drivers in general and motorcycle riders in particular , have
learned to drive defensively in order to avoid accidents .
When a car approaches a highway from the side , the average driver
on the highway tends to carefully view the approaching vehicle
to ensure that he does not enter the highway immediately in
front . When the approaching car is hidden from view until
very close to the intersection , the highway driver may, in
fact , react in a manner which is dangerous to himself , others
following or others in the on-coming lane . Shielding the
approaching car from the view of the highway driver is a major
concern of the staff .
7 . This case is particularly difficult to assess . The staff feels
that it is imperative for the Planning Commission to visit the
site in order to make an informed decision. The City Engineer
and City Planner would be very willing to accompany a Planning
Commissioner , if desired . Please contact one of these staff
members if interested . If viewing the site alone, please
remember that the existing fence frame is currently 61 feet
inside the County Road 16 right-of-way. The Planning Commission
needs to determine whether moving the fence 61/2 feet toward
the house is sufficient .
Staff Recommendation
This case involves differing opinion as to the safety of the inter-
section if the 72 foot fence is approved . With respect to the City
Engineer ' s opinion, the City Planner ' s recommendation is denial of
the Conditional Use Permit as proposed . However, approval of the
Permit is recommended if the fence is setback 30 feet from the south
property line .
Planning Commission July 7 , 1983
Wermerskirchen Cond . Use Permit Page -3-
Action Requested
Offer Conditional Use Permit Resolution No. 343 , a request to exceed
the height requirement for a fence in a front yard setback by
approximately 4 feet 6 inches and move for its denial based on the
creation of a dangerous intersection and a potential public safety
hazard (11 . 04 , Subd . 6A) .
DS/jvm
Attachments : County Engineer ' s Letter
Site Plan
City Engineer ' s Staff Review
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SCOTT COUNTY
p . DEPARTMENT OF COURT SERVICES
COURT HOUSE 207
SHAKOPEE, MN 55379 (612)445-7750, Ext.260
STEVEN T.JOHNSON
Director
MEMORANDUM
July 15, 1983
To: John Anderson, Shakopee City Administrator
rom: Steven T. Johnson, Director of Court Services
Re: Women's Correctional Facility and Women's Workhouse
John,
There appears to be a great amount of confusion regarding this topic
because there is discussion regarding two separate facilities being built,
as well as there having been, at one time, discussion of a joint facility.
I will attempt to summarize the situation as it stands currently.
There definitely will be a new Women's Correctional Facility in Shakopee.
The facility will be built on the twenty acre plot of land between the
current institution and the Sweeney School. The past Legislature passed
bonding authorization for this facility and the Department of Corrections
has done extensive planning for the facility. A very strong possibility
exists that a private firm may build the facility with some type of
lease-back option to the State, thus eliminating the need for further
bonding obligations upon the State. An RFP has been made and resolution
of the best method for the construction of this facility will be made
within the next few months.
There is also serious consideration for the seven metropolitan area
counties to build a women's workhouse for women involved in lesser violations
of law. The facility would likely be built in Ramsey or Hennepin County,
as they are the major users of such a facility. I would submit that the
most likely method by which Scott County would be involved in this facility
would be to contract for space on a per diem basis, in that our numbers of
women qualifying for such a facility are so small that any capital out-
lay would be inappropriate.
I hope that this will clarify the issue of the two facilities currently being
planned. If you would have any further questions, feel free to contact me.
STJ/wm
An Equal Opportunity Employer
, 14
TENTATIVE AGENDA
ADJ .REG.SESSION SHAKOPEE, MINNESOTA JULY 19, 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 July 5th and 12th, 1983
6] Communications:
7] Public Hearings: None
8] Boards & Commissions :
*a] FCC Waiver Petition
9] Reports from Staff:
a] 8:30 P.M. - Application for Pool Table License by Gerald Smith
dba/Extrah' s, 101 East First Avenue
b] JEJ Drainage of Former Railroad Right-of-Way
c] Holmes Street Reconstruction - Sod Replacement
*d] 16th Ave/90th Street Roadway Improvement 82-6 - Partial Payment
*e] Levee Drive Extension 82-3 - Partial Payment
f] Auditor Selection Specifications
g] Inspection of 3rd Floor Addition to Court House
h] Revising Developers Agreement Pertaining to Park Dedication
i] Official Minutes of Council Proceedings
j ] Capital Improvement Program - bring July 12th handout
k] Six Year Park Program 1983-1988
1] City Lodging Tax
m] Authorize payment of the bills in amount of $362, 769.52
*n] Bids for Street Sweeper
10] Pesolutions and Ordinances:
a] Ord. No. 120, Amending Chapter 1 of the City Code
b] Ord. No. 121 , Amending Chapter 2 of the City Code
c] Ord. No. 122, Amending Chapter 3 of the City Code
d] Ord. No. 123, Amending Chapter 4 of the City Code
e] Ord. No. 124, Amending Chapter 5 of the City Code
f] Ord. No. 125, Amending Chapter 6 of the City Code
g] Ord. No. 126, Amending Chapter 8 of the City Code
h] Ord. No. 127, Amending Chapter 9 of the City Code
i] Ord. No. 128 , Amending Chapter 10 of the City Code
11] Other Business:
a] Appointment of Acting Admr. from July 30th thru August 8, 1983
b] Letter from S .P.U.C. re Unpaid Water and Sewer Bill
cd]] Pr�, oposa s f �`AApp'p�raissi`n�g T.H. 101 Frontage Road R-O-W (on table)
1-1 12] Adjourn v . "
John K. Anderson
City Administrator
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPE , MINNESDTA JULY 5, 1983
Mayor Reinke called the meeting to order at 7:00 P.M. with Cncl. Leroux, Vierling,
Wampach and Lebens present. Cncl. Colligan was absent. Also present were John
K. Anderson, City Admr. ; Judith S. Cox, City Clerk; and the City Attorney, Julius
A. Coller, II, who arrived later.
Mayor Reinke asked if there was anyone present who wished to address the Council
on any item not on the agenda, and there was no response.
Leroux/Wampach moved to approve the minutes of June 21, 1983 as kept.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
The City Attorney arrived and took his seat at 7:15 P.M.
Rod Krass, Asset City Attorney, explained the costs to a City in having a Tax In-
crement District. He said the City can elect to have the fiscal disparities paid
by the Tax Increment District or the City as a whole. He said the City's first
Tax Increment District was the Kmart project, which was completed before the amend-
ment requiring fiscal disparities contributions. The second Tax Increment District
was the Senior Citizens Highrise, which is residential and is not subject to the
contribution. The third Tax Increment District is the Downtown Redevelopment Pro-
ject. For that project it was decided the district was so small and the amount of
contribution spread out over the City would hardly be noticable, so it was decided
the fiscal disparity contribution would be paid by the City. He said the financial
consultant for the downtown recommended the contribution not be made from the small
district, because that would take away what you are trying to accomplish in the dis-
trict.
is-
trict.
The City Admr. said the actual tax dollars in contribution would be about $421 per
year over 20 years. It was estimated this would amount to about 50 cents per
residential taxpayer per year for the fiscal disparity contribution for the Tax
Increment District downtown. Further discussion followed. The Asset. City Attorney
pointed out the plan could be amended if the Council wanted the contribution to be
made from the district.
Leroux/Wampach moved to keep the Downtown Redevelopment Tax Increment District as
previously established, until anything detrimental may appear.
Discussion centered on not establishing a policy for making fiscal disparity contri-
butions, but to look at each Tax Increment District on its own merits when deciding
where the contribution should be made.
Motion carried with Cncl. Lebens opposed.
The Asst City Attorney informed Council regarding negotiations on the Lindstrand/
Grayson assessment appeal, and said the City Engineer would be providing some further
information on it later.
Councilmembers informed the City Admr. about their membership on various committees
of the League of Minnesota Cities and Association of Metropolitan Municipalities
and if they wished to continue that membership.
Lebens/Wampach moved to accept the resignation of Anthony Berens from the Ad Hoc
Downtown Committee, with regrets. Motion carried, unanimously.
Leroux/Wampach moved to acknowledge receipt of the letter dated June 17, 1983 from
the Savage City Admr. relative to their position on the CR18 bridge crossing, and
to place it on file. Motion carried unanimously.
The City Admr. reported on his attendance at a meeting hosted by Prior Lake and the
Prior Lake/Spring Lake Watershed District looking for alternatives for dealing with
the high water on Prior Lake. He said Prior Lake has mentioned several alternatives
for dealing with the water, but have not costed out any of them in an attempt to
make a decision.
The City Engineer arrived and took his seat, 7:45 P.M.
Further discussion ensued regarding alternatives and consequences of an increase
in the outflow from Prior Lake.
' Shakopee City Council
July .5, 1983
Page 2
The City Admin. said his policy would be to have a representative at meetings
to discuss alternatives, but to make it clear that any official action or res-
ponse would have to come from Council.
Wampach/Lebens moved to receive the correspondence dated July 1, 1983 from Prior
Lake/Spring Lake Watershed District advising the City that they are increasing
the outflow from Prior Lake to 27 c.f.s. , and to place it on file. Motion
carried unanimously.
Leroux/Vierling moved to direct the City Admr. to send a letter to MTC Chairman,
Peter Stumpf, requesting MTC action to reduce property taxes to Shakopee residents
according to the level of MTC service in Shakopee, which is $40,000 per year, as
authorized by the Minnesota legislature. Motion carried unanimously.
Leroux/Vierling offered Ordinance No. 119, Fourth Series, An Ordinance of the City
of Shakopee, Minnesota, Amending Shakopee City Code, Chapter 11, entitled "Land
Use Regulations (Zoning)" By Repealing Subsection 108 of Section 11.02 and by
Enacting a New Subsection 108, Section 11.02 and by Adopting By Reference Shakopee
City Code, Chapter 1, Section 4.99 and Section 11.99 Which Among Other Things Con-
tain Penalty Provisions, and moved its adoption. The City Admr. summarized the
ordinance.
Cncl. Leroux asked what type of business this would affect. The City Clerk said
this action was initiated because there was a request from the Sub-Machine Shop
for a set-up license. At that time it was realized the Code was silent regarding
set-up licenses. The City Attorney suggested this type of amendment could be made.
The City Clerk said since that time the Sub-Machine Shop has decided not to ask
for a set-up license.
Discussion followed regarding whether the Council wanted to allow set-up licenses
for Class II restaurants. Cncl. Leroux was concerned about the lack of control
over the alcohol in this type of restaurant, and the potential for abuse by minors.
The City Planner stated this request would be under a Conditional Use Permit, so
in that way the City would have control over issuing and revoking a permit. Con-
sensus was the Council was not in favor of having set-up licenses in the Class II
restaurant.
Roll Call: Ayes; None Noes; Unanimous Motion failed.
Leroux/Lebens moved to approve the application and grant an On Sale 3.2 Beer license
to CP Merger Corp. , One Valleyfair Drive, beginning July 28, 1983, or thereafter
upon surrender of the license from Valleyfair Inc. Motion carried unanimously.
Wampach/Vierling moved to approve the application and grant an On Sale 3.2 Beer
License to Cedar Fair Limited Partnership, One Valleyfair Drive, upon the surren-
der of the license from CP Merger Corp. Motion carried unanimously.
Vierling/Lebens moved to approve the application and grant a Wine License to Cedar
Fair Limited Partnership, One Valleyfair Drive, upon the surrender of the license
from Valleyfair Inc. Motion carried unanimously.
Mayor Reinke mentioned the number of false 911 emergency calls that are being placed
from Valleyfair. A representative from Valleyfair said they are aware of these calls
and are monitoring the phones as much as possible in trying to eliminate the calls.
He said they have established a policy whereby the emergency dispatcher calls Valley-
fair's security people and they check it out in-house and respond.
•
Leroux/Wampach moved to authorize application for the Minnesota Energy Conservation
Service Grant, to have the City Admr. appoint a contact person to supervise the pro-
motion and preparations, and to pursue alternatives two or four and five, six and
seven as listed in the memo dated June 28, 1983 from the City's intern, by September
30, 1983. Motion carried unanimously.
The City Planner said surrounding communi ties have no set-back requirements for
fences, and both he and the Building Official would be in favor of that. He said
the City's current 6" setback requirement just does not work.
Leroux/Lebens moved to have staff prepare an ordinance to amend the present City
ordinance to eliminate the fence setback requirements, and also to direct staff
to make the suggestion of a two foot setback as a desired maintenance area when
inquiries are made regarding fences. The City Planner said this would not affect
the provision that a three foot setback is required from an alley. Motion carried
unanimously.
Shakopee City Council
July 5, 1983
Page 3
Leroux/Wampach moved to request the City Attorney to prepare an ordinance which
amends Section 11.05, Subd. 4, by adding the exact language of Section 4.03,
Subd. 1A1.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Wampach moved to extend the filing (recording) period for Hauer's 2nd
Addition to September 21, 1983.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Vierling moved to authorize staff to take the appropriate steps to reflect
the unassessed project costs of $15,777 for the Market Street storm sewer in Fund
58 "Other Improvements" instead of the PIR Fund. Motion carried with Cncl. Lebens
and Wampach opposed.
Discussion ensued regarding deferred charges for watermain and service road in
Hauer's Addition area.
Lebens/Leroux moved to bill the charges to those connected to the waterline and
those not yet connected to the waterline. Further discussion took place regard-
ing whether these property owners were already assessed for a trunk line.
Lebens/Leroux moved to table this discussion to allow staff more time to investi-
gate the history of these charges. Consensus was to put out a mailing to the
people involved if this is to be considered an additional assessment. Motion
carried unanimously.
Leroux/Vierling moved that bills in the amount of $47,478.46 be allowed and
ordered paid.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Lebens/Leroux moved to have the City rotate auditors and to direct staff to solicit
proposals for the 1983 audit.
Discussion followed, about making a decision to hire a different auditor, or just
to go for the lowest bid with the possibility of retaining the same auditor used
in the past. Cncl. Lebens said she is unhappy with the present auditor because of
his refusal to correct certain records. The City Admr. said it is accepted muni-
cipal practice to change auditors every 3-5 years to obtain a fresh view on the
City's operation, and does not reflect on the quality of the auditor. Motion failed
with Cncl. Vierling, Wampach and Mayor Reinke opposed.
Further discussion ensued. Mayor Reinke said he doesn't like eliminating a person
or firm from bidding.
Vierling/Wampach moved to request proposals from qualified accounting firms for
the 1983 audit. Direction to staff was to bring back the specifications for the
bid before it is sent out, and also to invite Jaspers & Co. to respond to their
lack of willingness to correct or further investigate certain records. Motion
carried with Cncl. Leroux and Lebens opposed.
Wampach/Vierling moved to approve the Change Order No. 3 reducing the bitumin con-
tent and the unit price for Wearing Course for Levee Drive Extension, Contract No.
1982-3.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Wampach moved to direct staff to request Logis to make a programming change
in order to print fund names on the check lists at a cost not to exceed $300.00.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Cncl. Leroux asked for some type of consent label or stamp to be affixed to the
consent memos on the agenda.
Vierling/Lebens offered Resolution No. 21144, A Resolution Authorizing the Use of
A Collection Agency, and moved its adoption.
Discussion followed. Cncl. Leroux said he felt it would be very poor public re-
lations to employ a collection agency. The City Admr. suggested jast using it for
persons who do not live in Shakopee or the two adjoining townships.
Motion failed with Cncl. Lebens alone in favor of it.
The City Engineer showed a map of the proposed alignment of the Hwy. 101 frontage
road, which was presented along with an informational memo regarding costs incurred.
Shakopee City Council
July 5, 1983
Page 4
Leroux/Wampach offered Resolution No. 2145, A Resolution Authorizing the Execution
and Delivery of A First Amendment to the Loan Agreement in Connection with $1,000,000
IR Bonds for Valley Park, Inc. , and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Wampach moved to authorize staff to prepare a $4,770.00 Cashier's Check to
be drawn and made payable to Trustee, Chicago, Milwaukee, St. Paul and Pacific
Railroad Company, and deliver it to the City Attorney for acquisition of property
from the Milwaukee Railroad Company for railroad right-of-way in Lots 3 and 4, Block
52, Shakopee City ($350 deposit already paid), with funds to come from the general
fund contingency.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Vierling/Wampach moved to authorize staff to advertise for the sale of Lots 3 and 4,
Block 52, Shakopee City. Motion carried unanimously.
Cncl. Leroux asked the City Admr. to check on where the money is going for the sale
of property at 4th and Minnesota.
The City Admr. discussed with Councilmembers their evaluation of his performance
in the last year.
Cncl. Lebens asked the City Admr. to check on the continual parking of the CAT
scanner unit at St. Francis Medical Center, the early starting of its noisy gene-
rator, and the installation of a black tank on top of the hospital garage.
Mayor Reinke asked the City Admr. to check with ZU about getting a drive-way put'in
at their headend site to eliminate the heavy mud tracked on CR16.
Cncl. Leroux asked the City Admr. to check with the Civil Defense Director about
the soundings of the siren during the storm on Sunday, as not all of the sirens
were sounding.
Vierling/Lebens moved to adjourn to July 12, 1983 at 7:00 P.M. Motion carried
unanimously. Meeting adjourned at 10:28 P.M.
Judith S. Cox
City Clerk
Diane S. Beuch
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 12, 1983
Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Wampach, Lebens,
Leroux, Vierling, and Colligan present. Also present were John K. Anderson, City
Admr, ; H. R. Spurrier, City Engineer and Gregg Voxland, Finance Director, who
arrived later.
Gail Kincannon, Shakopee's MTC representative, was present to update City Council
on the MTC appointment process and the MTC's efforts to implement the new tax
feathering proposal to match tax burden with services received. Ms. Kincannon
indicated that the MTC staff would be meeting July 13, 1983 to begin their delib-
eration on this subject. Ms. Kincannon also mentioned the July 21, 1983 hearing
to be held by MTC. The Mayor asked if there were any questions of Ms. Kincannon
from other Councilmembers present, there were none.
Colligan/Leroux moved to send a letter of appreciation to the Met Council, in care
of Ray Joachim, Shakopee's Met Council representative, indicating that Shakopee
had been pleased with the job Ms. Kincannon has done over the past several years.
It was noted that Mr. Isaacs, Chairman of the Metropolitan Council, should also
receive a copy of the letter. Motion carried unanimously.
Colligan/Wampach moved to approve the minutes of June 29, 1983 as kept. Motion
carried unanimously.
Cncl. Lebens then initiated a discussion regarding the minutes and the number of
people reviewing them prior to final typing for official Council approval. After
considerable discussion the following motion was made.
Leroux/Wampach moved to make the minutes an item of discussion at a regular Council
meeting in the near future so that the recording secretary and City Clerk could be
present. Motion carried unanimously.
Wampach/Vierling moved to approve the application and grant on On Sale non-intoxi-
cating malt liquor license for 1983-84 to Valley Racquetball and Handball Inc. ,
600 County Road 83. Motion carried unanimously.
The City Admr. opened up the discussion on the next agenda item regarding Huber
Park Trail Improvements and the LAWCON/LCMH grant application.
Colligan/Leroux moved to make the LAWCON/LCMH grant application without the proposed
undergrounding of SPUC lines along Levee Drive if SPUC decided that it could not
participate in the undergrounding of these lines. Motion carried unanimously.
Lebens/Leroux offered Resolution No. 2146, A Resolution Abating Assessments Against
A Certain Parcel For The County Hoad 16 Utility Improvement No. 1980-4, and moved
its adoption.
Boll Call: Ayes; Unanimous Noes: None Motion carried.
Discussion was then opened by the City Engr. on permits to work in the public
right-of-way and the current street cut maintenance problems the City was encounter-
ing. The City Engr. responded to a number of questions indicating that he could
implement a program to have the City Street Department do repairs on defective
street cuts in the public right-of-way after a 24 hour notice to the contractor
or permit holder beginning July 13, 1983. Council was concerned that the new
procedure would begin for the current street cuts as well as future street cuts
so that the cuts on Third Avenue and Tenth Avenue would be handled immediately.
Lebens/Vierling moved to authorize the Engineering Department inspectors to con-
tact the Street Department to repair defective work in public right-of-way after
24 hour notice by contacting the permit holder at the telephone number specified
on the permit, that this procedure apply to existing permit holders as well as
future permit holders and to charge for City repair work at 1.76 X the actual
cost including overtime charges should a City crew be called out on the weekend.
Staff was directed to bring this back in resolution form at the next City Council
meeting. Motion carried unanimously.
The Mayor asked about the dumping of debris from the burned out structure on Third
Avenue on land near County Road 77 in the City of Shakopee. The City Engr. said
that the Building Inspector had become aware of the problem that afternoon, had
found that no dumping permit had been secured and had issued a order to stop dumping
because the debris or fill material was considered contaminated.
Shakopee City Council
July 12, 1983
Page 2
The City Admr. opened up the discussion of the Prior Lake-Spring Lake Watershed
District Outlet.
Leroux/Colligan moved to direct staff to write a letter to the Prior Lake-Spring
Lake Watershed District stating that the City has reviewed Bruce Patterson's
channel improvement plan to make emergency improvements to the downstream channel
of the Prior Lake-Spring Lake Watershed Outlet to prevent errosion, and that the
City has no role in approving or disapproving the implementation of these emergency
improvements. The City will rely on the District complying with Articles 6 and 7
of the Joint Powers Agreement dated June 2, 1981. Motion carried unanimously.
Discussion began on the 5 Year Capital Equipment List. Cncl. Lebens opened up the
discussion by asking other Councilmembers and staff if they would be willing to
try a program budgeting approach to the 1984 budget vs. a line item by line item
budgeting approach. The Mayor then asked how divisional fund balances would be
handled under such a proposal. There followed a lengthly discussion about the
approach and how it might be implemented for 1984.
The consensus of Council was to have staff prepare a two part budget for 1984. One
part would be similar to the budget prepared for 1983 and the second part would be
a summary budget listing the four major expenditure areas for each division and
outlining the policy questions that Council needed to focus on. During the budget
process, Council would then use the latter budget for its discussions and the
detail budget would be available for individual Councilmembers if they desire to
examine it. The City Admr. indicated that he would contact the City of Visalia,
California to obtain any guidelines or procedures that they used because they had
a similar budgeting process.
There was also Council consensus on vehicle purchases for 1984 so that the Finance
Director could include them in the Hennepin County group purchasing list in a
timely fashion. It was agreed that the City would purchase four new Police
vehicles, trade down the used unmarked Police vehicle as was done in 1983, try
to purchase a used pick-up to replace the Building Inspector's current car and
that the purchasing committee would discuss a 2.5 ton truck with the Public
Works Superintendent and the new fire pumper with the Fire Chief prior to final
budget decisions.
The City Admr. then opened up the discussion on the pay plan alternatives for 1984.
Discussion focused both on how the plans worked and how they might be implemented.
In addition, Council questioned what the appropriate staffing level might be for
some of the departments such as the Engineering Department during the 1984 budget
year.
Leroux/Vierling moved that the Council implement Exhibit A, establishing the pay
plan and pay grades for the Engineering Technicians beginning January 1, 1984.
Roll Call: Ayes; Vierling, Leroux
Noes; Wampach, Lebens, Colligan, Reinke
Motion failed.
Colligan/Vierling moved that Exhibit A establishing a pay plan and pay grades for
Engineering Technicians be implemented in 1-1/2 years with 50% of the pay improve-
ments effective January 1, 1984 and the balance effective September 1, 1984.
Roll Call: Ayes; Vierling, Leroux, Colligan
Noes; Wampach, Lebens, Reinke
Motion failed.
Cncl. Colligan asked the Councilmembers voting no why they voted as they did. Mayor
Reinke and Cncl. Lebens explained that they were not prepared to vote tonight and
preferred to wait until they saw the complete proposed 1984 budget document.
The pay plan discussion then focused on the proposed plan for department heads/staff.
Leruox/Lebens moved to direct staff to obtain a legal opinion from the Attorney
General's office on the method that Shakopee had choosen to create the position of
City Clerk and Deputy City Clerk as outlined in the resolutions establishing those
two positions. Motion carried unanimously.
After further discussion of the pay plan, the City Admr.reminded Councilmembers
of the July 13, 1983 SPUC meeting on the sharing of a micro computer and informed
Council that the City had been contacted by Control Data Corporation which was
preparing to submit a bid for the private construction of a women's correctional
facility in Shakopee.
Colligan/Leroux moved to adjourn to 7:00 p.m. July 19, 1983. Motion carried unanimously.
Meeting adjourned at 11:06 p.m.
Judith S. Cox, City Clerk John K. Anderson, Recording Secretary
Consent sg a
MEMO TO: John K. Anderson, City Administrator
FROM: Jeanne Andre , Administrative Assistant
RE: FCC Waiver Petition
DATE: July 15 , 1983
Introduction
The City Council has previously approved the concept of submitting
a waiver petition to the FCC (Federal Communications Commission)
to request permission to collect a five percent cable franchise
fee instead of the authorized three percent . Attached is a copy
of the prepared petition for Council review and approval .
Background
In the adopted cable Ordinance No. 100, the City indicates it will
charge the cable operator a five percent ( 5%) franchise fee which
is necessary to cover the cost of administering the cable franchise .
Since the FCC has established a ceiling of three percent ( 3%) for
franchise fees , a waiver requesting permission to charge the
higher fee must be filed and approved to implement the City' s
cable ordinance.
Many other cities have hired attorneys who specialize in cable
to prepare this waiver at a cost of $1000 to $1500. In order to
reduce cableexpenses , staff acquired copies of petitions filed
by other cities and prepared the attached petition which has been
approved by the Cable Communications Advisory Commission and
reviewed by Zylstra-United (ZU) . Mary Smith has indicated that
ZU has no problems with the petition as prepared, and Mr. Abbott
will prepare the letter of support from the cable operator which
is required by the FCC. Mr. Caller is reviewing the petition
for accuracy and correct FCC procedure .
Recommended Action
City Council should authorize City Administrator, John Anderson,
to execute and submit the attached waiver petition, dated July 19,
1983 , to the Federal Communications Commission requesting that
the City be allowed to increase its franchise fee from three to
five percent , and place it as document number 44 in the City
Clerk' s Official Record of Documents .
JA/jms
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In Re the Petition of )
Shakopee, Minnesota )
) File No.
)
For Special Relief Under §76.7 of the )
Commission's Rules and Regulations to assess )
a cable television franchise fee of 5%. )
The City of Shakopee, Minnesota (herein after petitioner), an incorporated
municipality under the laws of the State of Minnesota and a cable television
franchising authority, hereby petitions the Commission for special relief under
47 C.F.R. §76.7 (1980) . Petitioner seeks a waiver of the Commission's three
percent (3%) franchise fee limitation, and seeks permission pursuant to §76.31
of the Commission's Rules and Regulations to assess a five percent (5%)
franchise fee on Zylstra-United Cable Television Company (herein after
franchisee), as provided for in the Shakopee Cable Communications Ordinance.
Petitioner also requests that the Commission reduce the comment period for
response to this petition to ten days, pursuant to its authority under 47 C.F.R.
§76.7 (d) (1980) . There is good cause for such expedited consideration in that
the franchisee supports this petition; petitioner is aware of no opposition to
this petition; and since initial operation of the system began on April 26,
1983 . Grant of the waiver will allow the City to begin collecting the five
percent (5%) fee.
I. BACKGROUND
The City of Shakopee, Minnesota, is an incorporated municipality with a
population of approximately 10,500. It is on the fringe of the Minneapolis/St.
Paul Metropolitan Area, most of which is served by a cable franchise or is in
the process of securing cable services.
A. Selection of Franchisee
The petitioner has followed the procedure established by the Minnesota Cable
Communications Board to award a cable franchise. Starting in 1980 the
petitioner established a cable service territory, conducted a community needs
assessment, prepared a request for proposals, selected a cable operator and
system, adopted a cable franchise ordinance and now oversees the developed
system, all with input from the community and technical and legal consultation.
The cable service area for the Shakopee system consists of the municipal
boundaries of the City of Shakopee. Two proposals for service were received ,
one from Progress Valley Totalvision and the second from Zylstra-United Cable
Television Company. With the assistance of professional cable consultants,
specialized legal counsel, and an Ad Hoc Cable Communications Committee, the
cable franchise ordinance was adopted September 7, 1982 and received a
certificate of confirmation on September 10, 1982. The system is now
operational.
t =�
B. Shakopee Cable System
The system to be operated in Shakopee consists of approximately 55
miles of cable with a separate 440 MHZ institutional network which can
interconnect with the subscriber network. The subscriber network has a channel
capacity of 58 channels with 47 initially programmed. The institutional network
can handle up to 35 downstream and 24 upstream channels simultaneously. An
emergency override capacity will provide audio override on all channels and
video messages on the government access channel.
The system will be marketed with three levels of service and nine pay
channels. The universal channel (Tier I) includes six local broadcast stations,
five access channels (one leased), and a color weather radar. Tier II has 17
additional channels, plus the option of nine pay channels and one pay-per view
channel. Tier III includes eight additional channels. Rates are $5.50 for Tier
I and $8.50 for Tier II in the core district zone. Pay services range from
$4.95 to $9.95. FM service is also available. Universal service has an
installation fee but no monthly fee. Leased access and a home security system
will be available when there is sufficient market demand. Rates are slightly
higher in three secondary district zones where subscriber density is lower.
Under terms of the franchise ordinance rates will not be increased for the first
two years of the franchise.
C. Franchisee Pro Forma Projections
Detailed financial projections were submitted by the franchisee as part of
the service proposal. Those projections are enclosed as Exhibit I. The
franchisee anticipates penetration rates of 64.2% for the universal, tier II and
tier III, and sixty percent (60%) for cumulative pay services by year 5.
Revenues and expenses were calculated with an anticipated franchise fee of five
percent (5%) of gross revenues and provide for an eighteen percent (18%) return
on investment to the franchisee, as calculated by the petitioner's technical.
consultant. Given penetration rates reasonable for a metropolitan area and a
reasonable rate of return for the franchisee, the increased franchise fee is not
detrimental to the system or franchisee.
D. Petitioner Administration of Franchise
The Petitioner plans to take an activitist role in the regulation of its
cable franchise and promotion of community access facilities. The following
presents a detailed description of the proposed activities and a projected
budget for these activities in year five when the system has reached its
anticipated penetration rates.
1. Municipal Access and Regulation
The petitioner has established a Cable Communications Advisory
Commission to perform the significant functions involved with
regulation, including: monitoring system construction and
implementation, service delivery, response to subscriber complaints,
institutional interconnection, regional interconnect , rules
established for public access, promotion of access facilities,
assuring subscriber privacy, monitoring state-of-the-art develop-
ments, approving rate changes and oversight of franchise renewal
including review of the franchisee financial condition and
-2-
(3
collection of franchise fees. To adequately perform these functions
it is proposed to hire a part-time franchise administrator, with
secretarial support, to facilitate the Commission's policy
development and enforcement role. The administrator would also be
directed to work with line departments in the city to produce
programming highlighting municipal services. This programming would
be cablecast' on the municipal access channel. The administrator
would also coordinate research and development of improvements in
municipal services which can be instituted with cable technology,
including issues such as data transmission, meter-reading, computer-
aided dispatch, traffic control and energy load management.
2. Public Access
The Shakopee system is strongly oriented towards public access
with a public access channel as required by state law included in
the franchise ordinance. In addition the system will provide
governmental, educational, leased and regional access channels. No
local origination programming is to be provided by the franchisee,
but studio and portable equipment for local access are provided
along with an access coordinator. Public access operations in other
service areas have demonstrated the need for a strong local
commitment to access in the form of volunteers and financial
resources if access is to be successful. The petitioner has
therefore provided in the franchise ordinance for the formation of a
non-profit community access corporation which would coordinate local
volunteer efforts to produce access programming. It is anticipated
that a portion of the franchise fees would be dedicated to providing
grants to this access corporation and other community organizations
producing access programs.
3. Franchise Fees and Projected Cable Budget at Year 5
A budget based on projected franchise fees at the five percent
(5%) rate in year five of the franchise follows, with expenditures
divided between municipal access and regulation and public access.
The franchisee projected that franchise fees at five percent (5%) of
gross revenues would be approximately $49,000 at year five. The
table below provides an outline of likely expenses in 1987 if the
three percent (3%) franchise fee ceiling is waived as requested by
the petitioner. The listed expenses are minimal considering likely
cost increases by 1987 . No provision is made for office equipment
or overhead expenses and certain categories such as legal services
would be inadequate in the case of litigation. It is therefore
likely that even with the two percent (2%) increase in franchise
fees that the City will be contributing from the general fund for
expenses related to cable. The proposed expenditures provide
$29,000 or fifty-nine percent (59%) of the revenues for regulation
and muncipal access functions and $20,000 or forty-one percent (41%)
for public access.
Table 1 ,.
Year 5 Projected Cable Budget - $49,000
Regulation and Muncipal Access Functions $29,000
Administrative Staff (75% time) $20,000
Legal and Technical Services 2,500
Secretarial Services (12% time) 2,500
Supplies, Publications, etc. 4,000
Public Access $20,000
Grant to Non-Profit Access Corp. 15,000
Grants to Community Organization 5,000
II. SUMMARY OF ARGUMENT
A. Commission Standard
Pursuant to 47 C.F.R. §76.31 (1980) , the Commission's standard is as
follows:
"Franchise fees shall be no more than three percent (3%) of the franchisee's
gross revenues per year from all cable services in the community (including
all forms of consideration, such as initial lump sum payments) . If the
franchise fee is in the range of three to five percent (3%) to (5%) of such
revenues, the fee shall be approved by the Commission, if reasonable upon
showings: (a) by the franchisee, that it will not interfere with the
effectuation of federal regulatory goals in the field of cable television,
and (b) by the franchising authority, that it is appropriate in light of the
planned local regulatory program. . . ." §76.31.
The Commission has futher stated that it will ". . .allow the use of that
portion of a fee exceeding the three percent (3%) limit to fund public access
systems in circumstances which are reasonably justified. . . ." Report and Order,
66 F.C.C. 2d 380 (1977) .
B. Non-Interference with Federal Regulatory Goals
The franchisee has agreed to pay a franchise fee of five percent (5%) of
gross annual receipts. Assessment of this fee will not endanger the viability
of the cable system. The pro forma projections anticipated a five percent (5%)
franchise fee when calculating the number of subscribers, system revenues, and
the rate of return during the life of the franchise. During franchising
process, the franchisee indicated it would support a five percent (5%) franchise
fee.
The Petitioner understands that the franchisee will submit comments which
illustrate that the terms and conditions contained in the Code, including the
five percent (5%) fee contained in §11 .112(1) , were the subjects of a free and
open process; that the franchisee supports the development and promotion of the
access program; and that the five percent (5%) franchise fee is reasonable and
-4-
will not impair, to any degree, the financial viability of the cable 5
communications system.
The Petitioner understands that the Commission has long expressed a concern
that a burdensome franchise fee results in higher subscriber rates and a
concomitant decrease in demand for cable service. See e.g. , Report and Order,
36 F.C.G. 2d 143, 209 (1972) . The projections of the franchisee, forecast a
mature average penetration rate of sixty-five percent (65%) of all homes passed
by cable in year. three (3) . This projection, in fact, was done in contemplation
of a five percent (5%) franchise fee. These projections negate any concern that
a five percent (5%) franchise fee will result in a decrease in demand for cable
service.
Another long time concern expressed by the Commission is that franchise fees
could become so burdensome as to undermine the financial stability of the
operating company. See e.g. , Cable Television Service Rules, 59 F.C.C. 2d 370
(1976); Clarification of Cable Television Rep rt and Order, 40 F.C.C. 2d 175,
201 (1976) ; Cable Television Report and Order, 36 F.C.C. 2d 143, 185 (1972) .
The previously discussed financial projections which are attached as Exhibit I
demonstrate that this will not be a concern with this system. The anticipated
rate of return for the franchisee is eighteen percent (18%) over the life of the
franchise.
C. Appropriate in Light of the Planned Local Regulatory Program
As set forth above, the second criteria for waiving the three percent (3%)
franchise fee limitation is that the requested fee be ". . .appropriate in light
of the planned local regulatory program". The Petitioner will dedicate
approximately fifty-nine percent (59%) of the franchise fee revenue to defray
the cost of local regulation and municipal access as outlined above.
The Petitioner will dedicate approximately forty-one percent (41%) of the
franchise fee revenue for the support and promotion of community access, as set
forth above.
III. CONCLUSION
In light of these showings, the Petitioner respectfully requests that the
Commission grant this Petiton for a waiver of the three percent (3%) franchise
fee limitation and approve the five percent (5%) franchise fee. The granting of
the requested waiver will serve the public interest by enabling the Petitioner
to play an active role in the establishment and maintenance of an innovative and
adaptable cable communications system in the common area and to assist
franchisee in achieving and complying with federal regulatory goals. Grant of a
waiver in this case would also be consistent with the precedent established by
the Commission. See e.g. , General Television of Minnesotan Inc. , 47 F.C.C. 2d
60 (1974) ; Theta Cable of California, 47 F.C.C. 2d 123 (1974) ; Continental
Cablevision of Miami Valley, Inc. , 61 F.C.C. 2d 225 (1976) ; and Comcast Cable of__
Paducah, Inc. , 59 F.C.C. 2d 1076 (1976) .
Respectfully submitted,
City of Shakopee
Shakopee, Minnesota
July 19, 1983 By
John K. Anderson, Administrator
-5-
(t-/
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: Application for Pool Table License by
Gerald Smith, 101 East 1st Avenue
DATE: July 14, . 1983
Introduction
The City has received an application from Gerald Smith for a pool
table license for three pool tables at Exhrah' s , 101 East First
Avenue . The application is in order. The previous owner also
had a pool table license for three pool tables .
Action Recommended
Approve the application and grant a pool table license to
Gerald Smith dba/Extrah' s , 101 East First Avenue .
JSC/jms
MEMORANDUM7b
TO : John K. Anderson
City Administrator
FROM : H. R. Spurrier , {i' ,,f r
City Engineer Nom= 4'..-------- _
SUBJECT: JEJ Drainage of Former Chcago, Milwaukee, St. Paul & Pacific
Railroad Right-of-Way
DATE : July 14, 1983
Introduction
Specifications have been prepared for the construction of the above-referenced
project. The hold-up had been preparation of easement description for the
underground piping proposed as a part of this project.
Background
Specifications are ready for the construction of the proposed improvement,
including necessary grading.
If City staff waited until all easements were executed, it would consume
approximately 22 weeks. That 22 weeks can be saved if Council would authorize
advertising for bids and delay any award until all necessary easement and
releases had been acquired.
It is, therefore, my recommendation that City staff be authorized to advertise
for bids for the construction of improvements along the former Chicago,
Milwaukee, St. Paul & Pacific Railroad right-of-way north of JEJ Addition.
Action Requested
Authorize invitation for bid for JEJ Drainage of former Chicago, Milwaukee,
St. Paul & Pacific Railroad right-of-way on August 1, 1983.
HRS/jvm
ii!
Ck../
MEMORANDUM
TO : John K. Anderson/City Administr for
FROM: H.R. Spurrier/City Engineer
SUBJECT: Holmes Street Reconstruction
Improvement No . 1980-3
DATE : July 15 , 1983
Introduction:
City of Shakopee has received numerous complaints about the restor-
ation work that was performed on the Holmes Street project .
Background:
The complaints come from all residents that have no boulevard sod.
Some property owners said the sod died because the soil under the
sod was not raked. Some property owners said the sod died because
of cold weather. Ordinarily that in itself will not destroy freshly
laid sod . Generally, fresh sod dies because it lacks sufficient
moisture . Most of the property owners that complain cannot recall
how much water they applied to the sod after it was placed. It
was a staff observation that most property owners did not apply
sufficient water to the freshly laid sod.
A good example is the sod that was placed in the ditch south of
Longview Estates . There is sod on the easterly side of the ditch
that was sprinkled every day for two weeks . The sod on the west
end was sprinkled every day for one week and then the contractor
went on vacation for three days and did not water it . The sod on
the west end is dramatically different than the sod on the east end;
just as there is the same difference between sod that was placed
along Holmes Street .
There are 9 lots that might replace sod. The cost of replacing the
sod would be approximately $4. 50 per front foot . There is approxi-
mately 740 front feet to be replaced ( 10 percent of the project )
for a total cost of $3 , 330.00. The City could offer to pay all , or
a portion of resodding these properties , or the City could do nothing.
Since the condition of the boulevard is the result of a City project ,
there is rationale for some City participation. However, I would
recommend that the City pay no more than one-half the cost of resodding
those properties and further that the City do it under a single con-
tract taking the names of those property owners that desire re-
sodding, provided the property owners are willing to pay the cost of
resodding the parcels .
c.✓
John K. Anderson July 15,1983
Holmes Street Project Page -2-
Therefore , it is the recommendation of staff the City offer to pay
one-half the cost of resodding boulevard areas along Holmes Street ,
provided the property owner pay one-half of the cost , which cost
could be specially assessed to the parcels in the event the property
owner was willing to waive their right to appeal .
Action Requested :
A motion to authorize City staff to contact property owners along
Holmes Street to determine whether the property owners desire to have
the City replace the boulevard sod, provided the cost of replacement
was shared equally by the property owner and the City.
HRS : cau
MEMORANDUM
TO: John K. Anderson
City Administrator
FROM: Ray Ruuska '
Engineering Coordinator
RE: 16th Avenue & 90th Street Roadway Improvement
contract No. 1982-6
DATE: July 12, 1983
Introduction
Attached is Partial Estimate Voucher No. 1 , for the above-
referenced project. Peat excavation and related quantities ;
stripping sand overburdens and granular borrow are increased.
This decreased the quantity for Subgrade Preparation.
Background
According to new policy, the Contractor has reviewed this estimate.
Recommendation
Pay Estimate Voucher No. 1 , as indicated.
Action Requested
Motion to authorize the payment of Partial Estimate Voucher No. 1,
to Lundgren Excavating, 5609 35th Avenue South, Minneapolis ,
MN 55407 in the amount of $42 , 562. 56 for the 16th Avenue and 90th
Street Roadway Improvement Project No. 1982-6 .
RR/jvm
Attachment
cc: H. R. Spurrier, City Engineer
PARTIAL ESTI MATE VOUCHER
cp
Contract No. 82-6 Partial Estimate Voucher No. 1 _ Period Ending: June 30 , 1983
TO: Contractor Lundgren Excavating _
Address 5609 350 AVenue South, Minneapolis , MN 55407
Project Description 16th Avenue & 90th Street Roadway Improvements
1. Original Contract Amount $ 80,510.85
2. Change Order No. -- Thru No. -- $
3. Total Funds Encumbered $ 80, 510 . 85
4. Value of Work Completed $ 44_,B02 . 70
Value of Work Remaining
5. 5 Percent Retainage $ 2 , 240. 14
-- - — $ 35 , 708 . 15
6. Previous Payments $ 0 . 00
Percent Corr t lete
7. Deductions or Charges $ 0 . 00
56 percent
8. Total $ 2, 240 . 14
Payment Due (Line 4 - Line 8) $ 42 , 562 . 56
CERTIFICATE OF PAYMENT
(I, We) hereby agree that the quantity and value of work shown herein is a fair
estimate of the w,or completed to date.
CONTRACTOR:
BY:
TITLE:
DATE:
if ' ITY OF SHAKOPEE
111;! l - -
City En, 'neer to
City Administrator Date
Pinanee Director Date
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MEMORANDUM
TO: John K. Anderson
City Administrator
FROM: Ray Ruuska
Engineering Coordinator
RE: Levee Drive Extension - Project No. 1982-3
DATE: July 12 , 1983
Introduction
Attached is Partial Estimate Voucher No. 3 , for the above-
referenced project .
Background
According to new policy, the Contractor has reviewed this estimate.
Recommendation
Pay Estimate Voucher No. 3 , as indicated.
Action Requested
Motion to authorize the payment of Partial Estimate Voucher No. 3
to F. F. Jedlicki , Inc. , 14203 West 52nd Street, Eden Prairie,
MN 55344 , in the amount of $7 , 803 . 37 for the Levee Drive Extension
Project No. 1982-3 .
RR/jvm
Attachment
cc: H. R. Spurrier, City engineer
PARTIAL ESTIMATE VOUCHER
Contract No. 1982-3Partial Estimate Voucher No. 3 Period Ending: June 30, 1983
TO: Contractor F. F. Jedlicki, Inc.
Address 14203 West 52nd Street, Eden Prairie, MN 55344
Project Description Levee Drive Extension
1. Original Contract Amount $ 59, 923 . 00
2. Change Order No. 1 Thru No. 2 $ 9 , 523 . 00
3. Total. Funds Encumbered $ 69 , 446 . 00
4. Value of Work Completed $ 64 , 492 . 58
Value of Work Remaining
5. 5 Percent Retainage $ 3 , 224 . 63
$ 1 , 000. 00
6. Previous Payments $ 52 , 880 . 90
Percent Complete
7. Deductions or Charges $ 583 . 68
99%
8. Total $ 56, 689 . 21
Payment Due (Line 4 - Line 8) $ 7 , 803 . 37
CER'1'IFICATE OF PAYMENT
(I, We) hereby agree that the quantity and value of work shown herein is a fair
estimate of the fork completed to date. .
CONTRACTOR: r, V -�/ !e-•
BY:
TITLE: /Z)2<3
DATE: 7.- tJ -�
AP Rik "D - CITY SOF SHAKOPEE
City Eny' 'eer Ia e
City Administrator Date
Finance Director Date
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Memo To: John K. Anderson, City Administrator.
From: Gregg Voxland, Finance Director
Re: Auditor Selection Specifications
Date: July 6, 1983
Introduction & Background
Attached are the specifications used last year for solicitating audit pro-
posals. It is a much abbreviated version of material gathered at a national
MFOA conference and another city' s proposal. Please note that the focus in
selecting an Auditor should not be the traditional "low bid", but rather
the best qualified firm. It is somewhat analogus to choosing your personal
doctor or lawyer. One difference that staff feels is very important, however,
is that while a person normally keeps the same doctor for years, rotation
of auditors is very beneficial for independence and having a fresh view
point on our operation.
Alternatives
1 . Use specifications as is.
2. Modify specifications.
Recommendation
Unless Council indicates desired changes in the specifications, alternative
number one is recommended.
Requested Action
Move to use specifications for auditing services as proposed.
GV:mmr
Attachment "A"
7/-
The City of Shakopee is accepting proposals for the auditing of the
Comprehensive Annual Financial Report for fiscal year 1983 . The audit
is a financial and compliance audit covering the City and the HRA.
Included in the 1983 report will be data on the Shakopee Public
Utilities Commission which is a separate body and it is anticipated
it will use Jerome Jaspers & Co . for its audit .
The audit shall encompass the following points :
1 ) Funds to be audited - see CAFR (enclosed) , HRA has four
funds .
2 ) The annual audit sha I 1 he performed in compliance with
generally accepted auditing standards and all prevailing
federal , state and local laws or regulations .
3) The annual financial report will be prepared by City
staff with the assistance of the auditors and in con-
junction with the audit . The auditor will assure that
the report is prepared in conformance with generally
accepted accounting principles and meets necessary re-
quirements for State of Minnesota reporting and MFOA
Certificate of Conformance .
4) It is anticipated that the CAFR will be completed by
5/15/84 and that the auditor will have his work done
and the audit opinion and the management letter will
be ready by 5/15/84 .
5 ) The audit will cover the combined and the individual
fund statements .
6 ) The proposal shall include the following information:
A) Description of the firm.
B) The firms current and past experience in the per-
formance of independent audits of Minnesota cities
(please include references ) .
C) Who are the individuals to be assigned to the audit
and what are their qualifications ( including manager
and partner) .
D) What is the individual involvement in professional
associations .
E) What is the firms expertise in the areas of Federal
and State Grants , Revenue Sharing, etc .
F) Please comment on the firms availability on a day
to day basis for consultation and on-going auditing.
G) Please comment on firms policy/procedure for assigning
staff to a client .
Attachment "A" Con
.
7 ) Te
he proposal shall include the sco e of ��
the maximum fee therefore . Changes in the scope tand/or
fee shall be mutually agreed upon by the auditor and
the City. Please indicate an estimated range for the
fee for audit of FY 1983 .
Further information may be obtained by contacting Mr. Gregg Voxland,
Finance Director.
Please submit your proposal by ( / / ) .
F'd 1 41401144v
MEMO TO: City Council
9
FROM: John K. Anderson/City Administrator
RE: Inspection of 3rd floor addition
Scott County Court House
DATE : July 12 , 198.3
Attached is a letter from the County Administrator' s Office requesting
the City consent to the County utilizing their own inspector to
inspect the Court House Addition. It is the County' s intent to bill
the City for their inspector' s services .
Our inspection department has been involved in the plan review and
will issue the building permit , collect the plan review, building,
plumbing and heating fees and will be on board for the final inspec-
tion. It is intended to reduce the County' s project cost and to
utilize their inspector to the maximum degree . All inspection pay
requests will be accompanied by inspection tags signed by the con-
tractor confirming these inspections have been supplied. This request
was precipitated in part , with informal discussions Mr. Ries and our
building inspector had regarding possible waiver of the total fee .
At that time , our inspector indicated he felt City Council would not
waive total fees as it would not be in keeping with past and current
practices and would not remunerate us for services provided for plan
check, travel to State Offices , pre-bid conference and pre-construction
conferences .
Our inspector is in agreement with the County' s request .
Alternatives :
1 . Refuse their request .
2 . Refund the entire fee .
3 . Charge them a service fee for our inspectors time and
refund the balance of the permit fees to them.
Recommendation:
Grant the request of the County Administrator.
Action Requested :
Allow the County through its Building Official to conduct all routine
inspections throughtout the above noted construction project , with
the exceptions of the electrical and final inspections , and bill the
City for these services accordingly.
JKA: cau
Attachment
v4
OFFICE OF THE ADMINISTRATOR 1'
SCOTT COUNTY COURT HOUSE 110
r SHAKOPEE, MN. 55379-1382 (612)-445-7750, Ext.100 � ttppit
0g3
JOSEPH F. RIES C� 1`'
Administrator July 1, 1983L2407,4"---
BARBARA
etpBARBARA NESS
Administrative Asst. CC
Mr. John K. Anderson
Shakopee City Administrator
129 East First Avenue
Shakopee, MN 55379
Re: Court House Addition Project
Dear John:
Please be advised that at the June 28, 1983 Session of the County
Board, I was authorized on behalf of the County to request of the City
of Shakopee, its consent to allow the county through its Building Offi-
cial to conduct all routine inspections throughout the above noted
construction project, with the exceptions of the electrical and final
inspections, and to bill the city for these services accordingly.
Would you kindly coordinate this request with your Building
Official, convey it to the City Council and advise me accordingly.
I will appreciate your support in this matter.
Sincerely,
Joseph F. Ries
Administrator
cc: Chairman Koniarski
Project Team Officials
File: Prop. Mgt. ; C.H. Addition
JFR:bn
An Equal Opportunity Employer
MEMO TO: John K. Anderson, City Administrator ?4AL1
FROM: Judith S . Cox , City Clerk
RE: Revising Developers Agreement Pertaining to Park
Dedication
DATE: July 7 , 1983
Introduction
On June 29th Council asked staff to look into revising the developers
agreement to require the park dedication fee to be paid before the
property can be sold.
Background
I believe the object is to protect future property owners from sur-
prise costs . Requiring payment prior to transfer does not protect
future property owners . That same clause was once in the developers
agreement requiring payment of assessments prior to transfer of any
lot , and is being ignored in some cases , including Eastview and
Halo 2nd. Because the City has no control over the transfer of
property, we have no way of enforcing this requirement in the
developers agreement . This is why the new developers agreement
does not contain this requirement . For this reason, both Mr.
Coller , City Attorney, and I do not recommend making this revision
to the developers agreement .
Alternatives
Current developers agreement form requires payment of park dedica-
tion at the time of issuance of building permit , or no later than
ten years from the date of the agreement .
a) Make no change.
b) Require developer to pay park dedication fee before transfer
of parcel - no enforcement mechanism.
c ) Require payment of park fees at time of issuance of certifi-
cate of occupancy ( this is in our current developers agreement
for payment of special assessments ) - if this is done , may we
do it with existing agreements which do not have this provi-
sion, for simplicity of administration.
d ) Eliminate the balloon payment at the end of ten years . (At
the end of ten years , all unpaid fees are due or an extension
would have to be granted and an amendment prepared; just as
we ' re trying to do now with Eastview, Halo 2nd and Wiggins . )
If this is done , there is an inequity which needs to be
addressed with Minnesota Valley 3rd and 5th which is paying
interest , because of an extension, and Eastview and Halo 2nd
will also be charged interest from the date their three year
balloon payment became due. Over the years we 've changed from
three years to ten years . Do we want to allow more time if a
lot is not built on for 11-50 years?
Revising Developers Agreement Pertaining to Park Dedication
July 7 , 1983
Page Two
Recommendation
The original intent of the developers agreement was to insure con-
struction of public improvements , payment therefore , and allow
payment of park dedication fees over a two or three year period,
rather than at the time of platting, to give the developer an
opportunity to sell some lots and get some revenue . Over the
years , as we 've worked with the developers agreement , we 've
discovered some imperfections and changes have been made .
At this time , i do not see any real need for a change to the developers
agreement , unless Council sees merit in alternative d.
Action Recommended
Move that no changes be made in the developers agreement at this
time .
JSC/jms
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: Official Minutes of Council Proceedings
DATE: July 14 , 1983
Introduction
This is in follow up to Council concern, expressed at the July 12th
worksession, regarding the printed minutes .
Background
Since April , 1971 , when Morrie Anderson became City Recorder/Admin-
istrator and Joy Kephart became the first recording secretary non
staff person, minutes have been reviewed by the City Administrator
and more recently by the Clerk also. Rather than retype the minutes
completely after changes have been made , changes are made on the
original typed copy. One reason for this is because there are so
few, staff felt it wasn' t worth the time and money to completely
retype them. Unfortunately the two typewriters were and are
different ; hence , the corrections are noticeable .
Alternatives
As you can see by reviewing the three most recent sets of minutes ,
there are only a few, but meaningful changes .
If the concern is that someone might read the printed minutes , and
question whether or not there has been some tampering, one of the
following possibilities might put that question or fear to rest :
1 . Retype minutes .
2 . Delay distributing minutes , until after Council approval and
then state at bottom of minutes when Council approved them
and have them signed by the City Clerk.
3 . Make no corrections to the minutes submitted by the recording
secretary.
4. Send corrected minutes back to the recording secretary to make
corrections . They may not be ready for the following Council
meeting.
5 . Continue as we have for past twelve years .
The recording secretary does an excellent job and we are very lucky
to have her as our recording secretary. Because she is not a
staff person, she should not be expected to completely understand
all City functions ; hence, a few changes are made to her minutes
usually for completeness or cIification. Since the minutes are
the only permanent records of Council actions , as staff memos
are not kept permanently, I believe it is desirable to make them
Official Minutes of Council Proceedings
Page Two
July 14, 1983
as complete , clear and meaningful as possible . I hope Council
desires staff to make the necessary changes .
When Council approves the minutes , if there are changes you feel
should be made , I certainly encourage you to make changes also.
Recommendation
1st choice - Status quo.
2nd choice - Retype minutes if staff has time and if not have recording
secretary make corrections .
JSC/jms
Memo To: John K. Anderson, City Administrator
From: Gregg Voxland, Finance Director
Re: Capital Improvement Program
Date: July 12, 1983
Attached is the 1983-1988 C.I.P. Planning Commission has reviewed
and offered several suggestions which have been incorporated in
this draft.
Council should review this and according to the budget calendar it is
scheduled for discussion on 7/19/83.
GVGV:mmr
(Draft - May 25 , 1983 )
CITY OF SHAKOPEE 9
SIX YEAR CAPITAL IMPROVEMENT PROGRAM- / lcPARKS
1983-88
Narrative
Park acquisition and development in the City of Shakopee for the
period of 1983-88 will follow the broad outline of the Comprehen-
sive Plan formally adopted by the Shakopee City Council August 4 ,
1981 . The overall direction for parks in this period is one of
further development and improvement of existing parks and limited
expansion of parkland. Two additional projects not addressed in
the Comprehensive Plan , but included in the capital improvement
plan adopted in 1981 , are :
1 . Development of City and State controlled land on the north
side of Levee Drive into a park. Improvements conceptualized
include a trail to Huber Park and a scenic outlook on the
river, and public restrooms attached to the Community Services
Building. This project complements downtown improvements pro-
posed by the City and local businessmen.
2 . Acquisition and development of the Upper Valley Trail would
be completed in conjunction with the Upper Valley Drainageway
and would link Hauer Addition with the Minnesota Valley Mall .
The trail would be designed to link the Junior and Senior
High Schools , Eastside and Lions/Tahpah Parks and tie into
the "Minnesota River Valley Trail" System envisioned by the
State of Minnesota , Scott-Hennepin Park Advisory and the
Metropolitan Council .
The program adopted in 1981 has been revised to include more exten-
sive development in Memorial and Huber Park and along Huber Park
Trail (previously called Levee Drive Park) . The period of 1986-87
has also presumed additional development for O'Dowd Lake Park and
the Upper Valley Trail .
Financial Projections
Individual projects anticipated for the next six years are out-
lined on the attached "Projects 1983-88" list . The total projected
cost of the projects is $542 , 590, not including the cost of under-
grounding the electrical lines in Huber Park Trail . Projected
resources for this period are $695 , 180 as outlined below. The
difference is $152 , 590 in excess revenue which is reserved as a
contingency for unexpected expenses or revenue shortfalls , or
could be contributed towards the undergrounding of the electrical
lines in the Huber Park Trail .
Total Projected Resources
Park Reserve Fund , year-end 1983 $134 ,485
Park Dedication 1983-88 240 ,000
Interest Earnings 1983-88 21 ,000
Local Donations 1983-88 100 , 500
Government Grants 167 , 575
(Watershed , LAWCON, LCMR 1983-88 )
Easement for Upper Valley Drainageway 31 ,620
Total $695 , 180
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MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: City Lodging Tax
DATE: July 14, 1983
Introduction
The 1983 Legislature passed a new law that enables cities to impose
a lodging tax of up to 3% on the gross receipts from the furnishing
of lodging at a hotel , motel , rooming house , tourist court , or
other use of space by a transient . Council should consider whether
or not they feel it is appropriate to pursue this new tax at the
present time .
Background Discussion
This piece of legislative was fought over during the 1983 legisla-
tive session by a number of special interests . There were the
cities that already had lodging taxes , cities who wanted to
enact lodging taxes , the League of Minnesota Cities and of course
the lodging or hotel/motel industry. The result of these legisla-
tive battles was a compromise proposal which has rendered the
State-wide lodging tax option useless for any city that wished
to levy the tax to generate revenue to supplement general fund
revenues . 95% of the gross proceeds from any such tax imposed
by a city must be used to fund a local convention or tourist
bureau for the purpose of marketing and promoting the city as
a tourist or convention center. Of course , this did not apply
to cities that already had a lodging tax in place .
Alternatives
1 . Take no action to create a city wide lodging tax. This would
maintain the status quo and there would be no local reper-
cussions to such a tax, but it would generate no new revenue.
2 . Pass an ordinance initiating a tax from 1 to 3 percent. The
only substantial businesses in town that would be affected
by the tax would be the Americ-Inn, the Merchants Hotel and
possibly some rooming houses . I checked quickly with the
Americ-Inn and their 1982 gross revenues were $243 ,572 X
1% = $2 ,435 , or X 3% $7 , 305 . 95% of this amount would have
to go for tourist promotion. I do not believe that we
could equal this amount even if we combined the revenues
from all other sources ; therefore, I doubt we could generate
more than $15 ,000 , 95% of which would go for tourist promo-
tion.
3 . Review the options again in 1984.
Recommendations
I receommend alternative No. 1 . The City does not have an active
convention or tourism bureau that could do any marketing or
promoting of the City. Therefore , it is doubtful that the proceeds
City Lodging Tax
Page Two 'I
July 14 , 1983
of the tax could be used effectively and the City would have
alienated the local lodging industry for no gain to the City as
a whole . I have attached a copy of the pertinent portions of
the law for your review.
I am providing this review of the legislation so that Council-
members will be aware that it is available , and will have some
feeling for what it might mean for Shakopee . If any of you are
interested in pursuing this we should discuss it again after
inviting 'she businesses affected to a meeting. I have taken
this approach at this time so that we would not have the repre-
sentatives from the lodging industry in Shakopee all worked up
if Council had no interest in the implementation of the tax.
Action Requested
Take no action.
JKA/jms
`"2.3/83 [ REVISOR ] JC JC CCRHF1259
_ _ -v Section 1 . [ 477A. 013 ] [ CITY LODGING TAX. ]
I'lri
T'"4 * 2 Subdivision 1 . [AUTHORIZATION. ] Notwithstanding section
3 477A. 016 or any other law, a statutory or home rule charter city
4 may by ordinance impose a tax of up to three percent on the
5 gross receipts from the furnishing for consideration of Lodging
6 at a hotel, motel , rooming house, tourist court, or other use of
7 space by a transient other than the renting or leasing of it
8. for a continuous period of 30 days or more .
9 Subd. 2 . [ EXISTING TAXES . ] No statutory or home rule
10 charter city may impose a tax under this section upon transient'
11 lodging that, when combined with any tax authorized by special
12 law or enacted prior to 1972 , exceeds a rate of three percent .
13 Subd. 3 . [DISPOSITION OF PROCEEDS . ] Ninety-five percent of
14 the gross proceeds from any tax imposed under subdivision 1
15 shall be used by the statutory or home rule charter city to fund
16 a local convention or tourism bureau for the purpose -of
)(
17 marketing and promoting the city as a tourist or convention
18 center. This subdivision shall not apply to any statutory or
19 home rule charter city that has a lodging tax authorized by
20 special law or enacted prior to 1972 at the time of enactment of
21 this section. /�
22 Sec . 2 . (COLLECTION. ] ✓
23 The statutory or home rule charter c ;11 agrs' with ' the
24 commissioner of revenue that a tax imposed pursuant 'to section 1
25 shall be collected by the corn is*&pn+ . , . with the ,t42110
i
26 a4.impo a :Minnesota Statutasa, chapter--291A, and subject to the
27 same interest, penalties and other rules and that its proceeds,
28 less the• cost of collection, shall be remitted to the city.
29 Sec . 3 . ( EFFECTIVE DATE . ]
30 This article is effective July 1, 1983 .
31 ARTICLE 14
32 • GRAVEL TAX
33 Section 1 . Minnesota Statutes 1982 , section 298 . 75, is
34 amended to read: •
35 Subdivision 1 . [ DEFINITIONS . ] Except as may otherwise be
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MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Bids for Street Sweeper
DATE: July 15 , 1983
Introduction
The City has budgeted $65 ,000 for the purchase of a street sweeper
to replace our 1969 Elgin Sweeper , which will be traded in at the
time of the purchase. The purchasing committee has received a
copy of the specs and is forwarding its comments to Jim Karkanen.
Background
The City has included a description of the need for replacing the
1969 Pelican in the 1983 budget under the capital equipment list ,
page 199. Jim Kan'c-J.en has had the type of sweeper outlined in
the specs demonstr3 'd) a•_, _both Councilmember Vierling and I have
watched the demonstration. The demonstrated vehicle was an Elgin
Pelican which has u3-Ie ab:_li y to dump its sweeping load much like
a front-end loader , th_u.s eliminating double handling of street
sweepings . Jim felt that the Elgin' s price, maneuverability and
loading capabilities out-weighed the benefits of a four wheel
sweeper.
Alternatives
1 . Authorize the bids for a new three wheel loader type street
sweeper for the Public Works Department.
2 . Modify the bid specifications for the Street Sweeper.
3 . Do not authorize bids for a new three wheel loader type
street sweeper for Public Works .
Recommendation
City staff recommends alternative No. 1 for the reasons listed
above under background.
Action Requested
Authorize the appropriate City staff to receive bids at the office
of the City Administrator under 11 : 00 a.m. CDST on Monday, August
8 , 1983 at. 129 East First Avenue, Shakopee , Minnesota for a new
three wheel loader type sweeper for the Public Works Department .
ADVERTISEMENT FOR BIDS
SIIAKOPEE, MINN.
BIDS CLOSE AUGUST 8, 1983
NOTICE IS HEREBY GIVEN: The City of Shakopee, Minnesota will receive bids at
the office of the City Administrator until 11:00 A.M. CDST on Monday, August 8,
1983 at which time they will be publicly opened in the Council Chambers of City
Hall, 129 East 1st Ave. , Shakopee, Minnesota, by the City Administrator, will then
be tabulated and will be considered by the Council for:
1 (One) new 3 wheel, loader type, Street Sweeper for the Public Works Dept.
according to the specifications on file in the office of the City Administrator,
129 East 1st Ave. , Shakopee, Minnesota 55379.
Each bid must be accompanied by cash, certified check, or bidder's bond acceptable
to the City in an amount equal to at least five per cent (5 percent) of the
total amount of the bid, payable without condition to the City of Shakopee. In
case the successful bidder fails to enter into a contract or to provide a
performance bond as required by law within the specified number of days after
the award of the contract, such check or bond shall be forfeited to the City as
liquidated damages.
The City Council reserves the right to hold all bids for a period of 30 calender
days after the date set for opening bids, as they deem to be in the best interest
of the City.
The City of Shakopee reserves the right to reject any and all bids and to waive
any informalities or irregularities herein as they deem to be in the best interest
of the City.
BY ORDER OF THE COMMON COUNCIL:
John K. Anderson, Administrator
ir
I. GENERAL
A. INTENT
It is the intent of the specifications to describe a three wheel type
mechanical street sweeper with a 3 cubic yard self elevating hopper capable
of dumping into a truck box. These specifications are intended to describe
an Elgin Pelican or "approved equal." This unit shall be the manufacturer's
latest model and design, and shall be equipped with positive displacement
type hydrostatic drive and gasoline engine.
To gain consideration as an "approved equal," the prospective bidder must
make available to the City for its' use, the same model of the piece of
equipment it intends to bid as an "approved equal." This equipment shall
be furnished at least 5 working days prior to the opening date of bids. A
piece of equipment must be available for use by the City during that period
so the City can evaluate its performance. In addition, the prospective
bidder shall furnish a list of cities in the State of Minnesota, preferably
the 7 County metropolitan area, who are currently operating the model of
machine intended to be considered as an "approved equal." Following review
of the machine and the information furnished, the City will notify the
prospective supplier of an "approved equal" machine whether or not it will
be accepted for bidding and whether or not it meets the specifications.
This notification shall be given at least 2 days prior to the opening of bids.
All units bid shall be current production model machines furnished as
specified and ready to operate. All parts not specifically mentioned within
these specifications which are required for a complete unit and necessary
for safe operation shall be furnished. It shall be equipped with the equip—
ment and accessories which are included as standard in the advertised and
published literature for the unit.
The complete unit as furnished shall meet all current Federal Highway Safety
standards and all current OSHA requirements. Catalog information showing
the make, model and complete specifications of the unit the bidder proposes
to furnish shall accompany the bid.
The successful bidder, if required by the Council, may be required to show
percentage of profit margin of his proposal to assure the City that in case
of a "single bidder" response to the proposal form, the successful low bid
profit margin is not excessive.
B. WARRANTY
The successful bidder shall guarantee the unit and appurtenances for a
period of 1 year from the date of delivery. Any manufacturer's warranties
which exceed the 1 year period shall also apply. The supplier shall
guarantee the machine against defective materials and/or workmanship. Any
material found defective within the guarantee period shall be replaced at
the manufacturer's expense including labor. The hydrostatic-transmission
shall be warranted for 24 months.
C. SERVICE
The bidder shall state in his proposal the location of the nearest stock
of repair parts or servicemen who may be called if required.
D. DELIVERY
The successful bidder shall deliver the complete unit ready for operation
to the Public Works Department, 500 Gorman Street, Shakopee, MN 55379.
Bidder shall state delivery date or delivery under this contract must be
made within ninety (90) days following contract award.
E. TRADE-IN
The city is offering as a trade-in a 1971 Elgin Whitewing, Model 475, 3
wheel sweeper - City Unit No. 104. This unit may be viewed at Shakopee
Public Works, 500 Gorman Street. A set of the service records are also
available and will be turned over with the machine when the vendor takes
possession.
The successful bidder shall have possession of the unit to be traded at
the time of delivery of the new unit.
F. PAYMENT
Payment will be made within 30 days following the acceptance of the
equipment received.
G. NON-DISCRIMINATION
The contractor shall be in compliance with all applicable Federal and State
statutes and the City of Shakopee's adopted Affirmative Action Program
regarding non-discrimination and equal employment opportunity. Failure
to comply with such statutes and/or Affirmative Action Program may lead
to the non-award of the contract or once a contract has been let, the
cancellation of such contract.
H. TAX EXEMPTION
The City of Shakopee is an instrumentality of the State of Minnesota and
is therefore not subject to the State Sales Tax or Federal Excise Tax.
Appropriate certificates shall be furnished if required.
I. IN SERVICE TRAINING
A trained factory representative shall provide the City with training and
instruction in the operation of and maintenance of the unit at no cost to
the City.
J. MANUALS
The successful bidder shall furnish the City with:
Operators Manual
Lube Chart
Parts Manual
Service and Repair Manual
II. 3 WHEEL MECHANICAL STREET SWEEPER
A. ENGINE
•
The sweeper shall be powered by a 8 cylinder gasoline 345 C.I.D. minimum
Engine. It shall be equipped with the following:
Replaceable cartridge full-flow engine oil filter
2 Stage dry type air cleaner with replaceable elements and indicator gauge
Direct electric starting system
Fuel gauge
Coolant temperature gauge
Engine oil pressure gauge
Tachometer
Speedometer
Hour meter
Governor
35 gallon fuel tank
Anti—freeze protection 50/50 mixture
Engine mounted on rubber mountings
Hand throttle lever for constant speed setting
Power assist engine compartment access door panels
° All gauges and indicators located for easy vision from operators normal position
B. TRANSMISSION
The sweeper shall be equipped with hydrostatic transmission capable of moving
the unit in a forward or reverse direction without clutching or shifting.
It shall be operated with a single foot pedal. The machine, through this
hydrostatic transmission, shall be capable of changing from forward or
reverse direction independent of vehicle speed or broom speed. The trans—
mission shall be warranted for 24 months.
C. BRAKES
It shall be equipped with a full power hydraulic brake operated with foot
pedal and a hand operated parking brake. It shall also be equipped with
a micro—lock.
D. CAB
The cab shall be a fully enclosed, pressurized cab, sealed to keep out dust
and insulated for all weather operation.
•
It shall be equipped with a factory installed sound suppression system to
meet or exceed current OSHA noise level regulations.
It shall be equipped with the following:
Sliding rear window
Fresh air heater/pressurizer with 6 adjustable air vents
Hot air window defroster
Winshield multiple speed fan — mounted on dashboard
Dual multiple speed electric winshield washers and wipers
See—thru doors with vertical side down bubble windows
Deluxe foam custom torsion spring seat with seat belt/Bostrum type
Tinted glass windshield
•
Cab dome light
Inside rear view mirror
Sun visor — right side only
Dual west coast type rear view mirrors with convex inserts (left and right)
Fully lighted central instrument panel
2 3/4 fire extinguisher
Broom mileage indicator
Lighted broom position indicators
Federal approved backup alarm
E. ELECTRICAL SYSTEM
It shall be equipped with a 12 volt system with a heavy duty 80 amp hours
battery and a 72 amp alternator minimum.
It shall be equipped with appropriate lighting for public street and highway
travel including but not limited to back—up lights, tail lights, directional
lights, head lights, dash and cab lights and hazard lights and a full set of
6 reflectors.
It shall also be equipped with an adjustable spot light for the gutter broom
and a Whelen 1200 Strobe type beacon with blue lens mounted on top of the
cab with an approved guard mounting bracket.
F. BROOMS
GUTTER — The gutter broom shall be a right hand broom, vertical digger type,
having a 36" diameter broom with disposable segments. The gutter broom
shall be hydraulically adjustable for pressure and wear. The broom RPM
shall be independent of the travel speed of the sweeper or its direction.
MAIN — The main broom shall be a 10" diameter I.D. — 36" diameter O.D. core
type wafer broom. It shall be hydraulically raised and lowered and shall
operate at speeds independent of the speed and direction of the sweeper. It
shall be fully mounted with alternate wire and poly wafer sections for sweeping
operations.
`r
G. HOPPER AND CONVEYOR
The machine shall be designed to carry sweepings and debris from the pick—up
broom and deposit them into the hopper by use of a conveyor belt. It must
have the capability of loading the dirt hopper to 100% of its rated capacity.
The conveyor shall be reversible without stopping or reversing the brooms
and shall be hydraulically driven with a relief valve to protect against
overloading.
The hopper shall have a minimum rated capacity of 3 cubic yards with a
dumping height of 9' 6".
Install a check valve between the water tank and fill hose.
H. BRAKES
The sweeper shall be equipped with a full power hydraulic brake operated with
foot pedal and a hand operated parking brake. Also equipped with a micro—lock.
I. STEERING
The steering shall be fully hydrostatic heavy duty power steering and having
a 15 foot turning radius. The dual rear steering guide wheels shall be
equipped with a spring suspension system. A manual override in case of
engine failure shall also be provided.
J. TIRES
Tires shall be "Michelin" steel belted, front 10:00 X 20G, and rear size
7:50 X 16H.
K. CHASSIS AND BUMPERS
The sweeper chassis and bumpers shall have the following characteristics
and appurtenances:
Unitized type
Fabricated and welded heavy steel plate
Two hooks front and rear
Fill hose storage in right front fender
Jack pads for front drive wheels
Heavy duty front vertical bumpers with rubber pads
Service tools of sufficient size and quantity shall be provided for normal
daily servicing
L. WATER SYSTEM
The sweeper shall have a water tank with a minimum of 230 gallon capacity.
The system shall have a water level indicator and on-off variable flow
control operated from inside the cab. It shall be equipped with dust
control spray nozzles to the gutter broom and the main pick-up broom.
The water tanks shall be Corogard coated with access doors.
A filler hose, minimum 15 feet in length, shall be furnished with National
standard fire hydrant threads, to facilitate resupplying the water system.
M. COLOR
The entire unit shall be painted "indian Turquoise." The paint color
numbers can be obtained at the Public Works office. (445-2211) All visible
exposed exterior surfaces including axles, frame, running gear, and fuel
tank (except trim, chrome, glass and rubber) shall be shot blasted, prime
coated, and sprayed with an air dry enamel.
° PROPOSAL FOR
ONE (1) 3-WHEEL STREET SWEEPER FOR -r--J
CITY OF SHAKOPEE, MINNESOTA
BIDS CLOSE AT 11:00 A.M. , AUGUST 8th, 1983
To the Honorable Mayor and
Members of the Common Council
City of Shakopee, Minnesota
Gentlemen:
We propose to furnish, in accordance with your Notice to Bidders and
Specifications, one new (1) 3-wheel Street Sweeper. as specified.
Manufacturer and Model
•
Total Price for one (1) new 3-wheel street sweeper $
Less trade-in for 1971 Elgin Whitewing Model 4475 $
Net Price complete, F.O.B. , Shakopee, Minnesota $
Delivery date: On or before
Complete description and literature on equipment furnished is enclosed.
Accompanying our bid is a certified check, or Bidder's Bond in the amount of
. $ which is five percent (5%) of bid.
Dated FIRM
Subscribed and sworn before me this ADDRESS
day of 1983.
By
Notary Public
My Commission expires TITLE
,
10
MEMO TO : John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: Revisions to the City Code Recommended as a Result of
Annual Revision Conference with Codifiers
DATE: July 11 , '1983
Introduction
Staff (John, Jack, Judy) met with the codifiers for the annual
revision conference and as a result of this meeting a number of
changes to the City Code are recommended and submitted to the
Council for consideration. After the ordinances are adopted
and published , the codifiers will prepare the substitute pages
incorporating the revisions contained in the ordinances and will
forward them to the City for reproduction by a local printer and
finally distribution to everyone who owns a City Code book.
( Clerk to carefully examine substitute pages with ordinances to
insure accuracy , prior to reproduction and distribution. )
Background
1 . Ordinance No. 120, Amending Chapter 1 . Definitions
a . Because the Code uses the term public property, the
codifiers recommend we define , public property and
private property.
2 . Ordinance No. 121 , Amends Chapter 2 . Administration
a . Section I Adds Minnesota Statutes number which defines
a classic or pioneer car - which is exempt from the
definition of "abandoned motor vehicles" .
b. Section II Adds contents to the Code which permits the
disposal of the contents of an abandoned motor vehicle .
c . Section III Adds to Code deferment of special assessments
provisions . Although we do have a resolution already
establishing procedures for senior citizens hardship
special assessment deferral , the codifiers recommended
we adopt them by ordinance . The ordinance before you
contains the language from our resolution, plus two
paragraphs which provide for. 1 ) the City be told when
an applicant ' s status changes and 2 ) that when eligibility
for deferment is terminated that the entire amount of
deferred assessments be paid within 60 days .
To avoid confusion, the resolution will be rescinded at a
later date , if Council concurs to adopt these provisions
by ordinance .
•
Revisions to the City Code Recommended as a Result of /®
Annual Revision Conference with Codifiers
Page Two
July 11 , 1983
3 . Ordinance No. 122, Amends Chapter 3 . Utilities
remove from
>rdinance a. Section I Establishes a provision for the special assess-
.rid wait for ment of delinquent utility bills and charges against
esponse from premises served. Sent to SPUC to review.
,PUC .
b. Section II The gas and electric franchises are being removed
from Section 3 . 30 and 3 .40 and are being moved to Chapter 25
where they are simply listed by number and effective date,
as was done with the cable franchise .
4. Ordinance No. 123, Amends Chapter 4. Building
a. Section I Amended to include the various codes requested
by the building inspector.
b. The Uniform Fire Code and Fire Prevention Code are adopted
in Chapter 10.
c . Section III Fire zones no longer exist , so this section has
been repealed.
d. Section II The latest Edition of the Housing Code is adopted.
5 . Ordinance No. 124, Amends Chapter 5 . Liquor
a. Section I Separates one paragraph "Refusal , Revocation, and
Termination" into two paragraphs "Refusal and Termination"
and "Revocation or Suspension" . The latter paragraph expands
on the hearing process , and adds restrictions other than
obeying liquor laws , such as permitting illegal acts ,
failure to report such acts , or failing to cooperate with
the police in investigating such acts .
b. Section II Subd. 7 Expands the current section on closing
regulations by stating that thirty minutes after the legal
selling time : 1 ) there shall be no consumption, 2 ) no
containers on bar or tables , 3 ) no customers in establish-
ment .
c . Section II Subd. 8 Expands current section on delinquent
taxes and charges to include other financial claims of
the City ( ie electric bills ) and to include payment of
taxes if property is 50% owned by a spouse , blood rela-
tives and spouses of blood relatives .
d. Section Adds the requirement of public liability
insurance for temporary beer licenses on public property.
e . Section IV Minor word change on beer sales to obviously
intoxicated person rather than persons in an intoxicated
condition.
Revisions to the City Code Recommended as a Result of
Annual Revision Conference with Codifiers
Page Three
July 11 , 1983
f. Section V Reduces the amount of the bond required for on/
off sale liquor from $5 ,000 to $3 ,000 . (The maximum for
off sale is set by state statute at $3 ,000 and staff
recommends ,that both on and off be for the same amount . )
g. Section VI ( 5 . 07 ) Requires cancellation clause on certifi-
cates of insurance and policies to be 30 day rather than 10 and
requires the term of the insurance to cover the term of
the license .
h. Section VI ( 5 . 08) Adds a new section which provides for
acceptable proof of age which is a valid drivers license
or Minnesota I .D. card.
i . Section VI ( 5 . 09 ) Puts the insurance requirements of the
dram shop law in one section at the beginning of the
chapter, rather than in three separate sections throughout
the chapter.
j . Section VI ( 5 . 35 ) Adds a new section ( consistent with new
state law) which permits Council to authorize an on sale
licensee to sell liquor at a convention, banquet , conference ,
meeting, or social affair conducted on the premises of a
sports or convention facility owned by the City, not any
amateur athletic event .
k. Section VI ( 5 .46 ) Adds a new section ( consistent with new
state law) which permits Council to issue a one day set up
license to a non-profit organization for a social activity
sponsored by it .
6 . Ordinance No. 125, Amending Chapter 6 . Business Licensing
a. Section I Subd. 5 Amends cancellation clause on certifi-
cates of insurance for taxicab license from 10 days to
30 days .
b. Section II Subd. 2 Adopts state law thru laws of 1982 relat-
ing to definitions in gambling and bingo regulations .
c . Section II Subd. 3 Changes the number of active members in
an organization eligible to apply for a bingo or gambling
license from 30 to 15 .
d. Section II Subd . 7F Raises the values in gambling prizes .
e . Section II Subd . 8A Increases the compensation to non-active
members of an organization, assisting members conducting a
bingo occasion from $12 . 00 to $20 .00 per occasion.
f. Section III Deletes requiring annual report pursuant to
MS 1974, Section 309 . 53 , but is exempt by state statute.
(Our code continued to require what state law had made an
exception to; this makes us consistent with state law. )
Revisions to the City Coce Recommended as a Result of
Annual Revision Conference with Codifiers
Page Four
July 11 , 1983
g. Section IV Addition pertaining to whole license chapter
requires the filing of a certificate of insurance , whenever
insurance is required, with a thirty day cancellation
clause.
7 . Ordinance No. 126 , Amending Chapter 8 . Traffic
This ordinance amends the exhibition driving section to exempt
driving on a racetrack.
8 . Ordinance No. 127, Amending Chapter 9 . Parking
a . Section I Adds to Code by prohibiting parking in a sign-
posted fire lane.
b. Section II Adds a statement to this section simply stating
that it is unlawful to park in violation of this section.
The section as written says thou shalt not , but does not
say it is unlawful , so it would be difficult to issue
tickets in violation of something that isn' t unlawful .
9 . Ordinance No. 128, Amending Chapter 10. Public Protection
a. Section I Adds to the existing code regulations on dogs
and cats language which permits unclaimed dogs and cats
to be turned over to a licensed educational or scientific
institution under authority of MS 35 . 71 unless a tag is
affixed to the animal stating that the animal should not
be used for. research. See Mr. Jensen' s memo attached.
b. Section II Adopts the uniform fire code and national fire
prevention code .
c . Section III Eliminates a City board of health.
JSC/jms
. l V
MUNICIPAL ORDINANCE CODIFIERS, INC.
SPECIALISTS IN CHARTER REVISION AND 7400 Lyndale Avenue South
ORDINANCE CODIFICATION EXCLUSIVELY Minneapolis, Minnesota 55423
FOR MINNESOTA GOVERNMENTAL UNITS
Area Code 612
869-2403
July 11 , 1983
Mrs. Judy Cox ka �r �
City Clerk 1,, c r,.. I,;,
ii t..a
129 East First Avenue
Shakopee, MN 55379
J U S 1 ,)E83
Dear Judy:
t.S I o' O ' ad..LAKCi r-L E
Re: City Code, Section 10 . 21, Subdivision 10
We have suggested to you that this Section be amended to comply
with Minnesota Statutes, Section 35 .71 , and we have drafted a
revision ordinance which you now have. In a telephone conver-
sation with Lori last week you questioned the need for this
amendment. This is our response to your inquiry.
In Subdivision 3 of the Statute , the term "establishment" is
defined so as to include your City. Further pertinent portions
of that Subdivision are as follows:
At the end of this 5-day period all animals which remain
unredeemed by their owners or any other person entitled
to do so shall be made available to any institution
licensed hereunder which has submitted a prior request
for the numbers which the institution requests. However ,
if a tag affixed to the animal , or a statement by the
animal ' s owner after seizure, specifies that an animal
shall not be used for research, the animal shall not be
made available to any institution but may, in the dis-
cretion of the establishment , be destroyed after the
expiration of the 5-day period . (emphasis supplied)
Within the perimeters of the tag affixed to the animal or the
statement by the owner after seizure, it appears that turning
the animals over to an institution is mandatory. The only
discretion that the City can exercise in the event that a tag
is affixed or a statement is made by the owner indicating that
it shall not be used for research, is to continue to hold the
animal .
We should add one cautionary note. Further on in that same
Subdivision we read :
/0
Mrs. Judy Cox -2- July 11 , 1983
Any establishment which fails or refuses to comply
with these provisions shall become immediately
ineligible for any further public funds from any
county or municipality.
You should, of course, have the City Attorney review the
Statute and advise you . While we can identify with the
approach of not furnishing animals for experimentation , it is
our duty to call your attention to the provisions of this
Statute .
Very truly yours,
MUNICIPAL ORDINANCE CODIFIERS , INC.
Rodger /E. Jensen, Counsel
REJ/ag
c : Julius A. Coller II ,
City Attorney
/U
ORDINANCE NO. 120 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
SHAKOPEE CITY CODE, CHAPTER 1, ENTITLED "GENERAL PROVISIONS AND
DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY
FOR VIOLATION" BY ADDING DEFINITIONS RELATING TO PUBLIC AND PRIVATE
PROPERTY; AND MAKING THIS ORDINANCE APPLICABLE TO EVERY CHAPTER,
SECTION OR OTHER PROVISION OF THE SHAKOPEE CITY CODE.
THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS :
SECTION I. Shakopee City Code, Section 1.02 , is hereby
amended by adding Subdivisions to read:
Subd. 21. The terms "public property" and "public
place" mean any place, property or premises dedicated to pub-
lic use, owned by the City, occupied by the City as a lessee,
or occupied by the City as a street by reason of an easement,
including, but not limited to, streets, parks or parking lots
so occupied.
Subd. 22. The term "private property" means all
property not included within the definition of public property
or public place.
SECTION II . This Ordinance shall be applicable to every
chapter , section or other provision of the Shakopee City Code.
SECTION III. After the adoption, signing and attestation of
this Ordinance, it shall be published once in the official news-
paper 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 of19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form this
day of , 19
City Attorney
Published in the Shakopee Valley News this day of
, 19
,
6
ORDINANCE NO. 121 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
SHAKOPEE CITY CODE , CHAPTER 2 , ENTITLED "ADMINISTRATION AND
GENERAL GOVERNMENT" BY CHANGING PROVISIONS RELATING TO
ABANDONED MOTOR VEHICLES ; BY ADDING A PROVISION RELATING
TO DEFERRED PAYMENT OF SPECIAL ASSESSMENTS; AND, BY ADOPTING BY
REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 2 . 99 WHICH,
AMONG OTHER THINGS , CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF SHAKOPEE , MINNESOTA, ORDAINS :
SECTION I . Shakopee City Code , Section 2 . 70 , entitled "Dis-
posal of Abandoned Motor Vehicles , Unclaimed Property and Excess
Property" is hereby amended by changing Subdivision 1 , Subpara-
graph A, Item 1 , to read :
1 . The term "abandoned motor vehicles"
means a motor vehicle as defined in Minnesota Statutes ,
Chapter 169 , that has remained for a period of more than
forty-eight hours on public property illegally or lacking
vital component parts , or has remained for a period of more
than forty-eight hours on private property without the con-
sent of the person in control of such property, or in an
(PoSSib%) inoperable condition such that it has no substantial potential
further use consistent with its function unless it is kept
in an enclosed garage or storage building. It shall also
mean a motor vehicle voluntarily surrendered by its owner
to and accepted by the City or the Police Department and any
motor vehicle coming into possession of the City or its
Police Department by seizure , confiscation or other means'
and such vehicle has remained unclaimed after notice to the
last registered owner thereof hereinbefore provided shall
be deemed to have been abandoned. A classic car or pioneer
car, as defined in Minnesota Statutes , Chapter 168 , shall
ado)ed not be considered an abandoned motor vehicle within the
meaning of this Section. Vehicles on the premises of junk
yards or automobile graveyards , which are licensed and main-
tained in accordance with the City Code , shall not be con-
sidered abandoned motor vehicles within the meaning of this
Section.
SECTION• II . Shakopee City Code , Section 2 . 70 , entitled
"Disposal of Abandoned Motor Vehicles , Unclaimed Property and
Excess Property" , is hereby amended by changing Subdivision 1 ,
Subparagraph D, Item 1 , to read :
1 . When an abandoned motor vehicle does
not fall within the provisions of Subparagraph C of this
Subdivision, the City shall give notice of the taking within
ten days . The notice shall set forth the date and place of
the taking, the year, make , model and serial number of the
abandoned motor vehicle , if such information can be reason-
ably obtained , and the place where the vehicle is being
held, shall inform the owner and any lien holders of their
right to reclaim the vehicle under. Subparagraph F of this
Subdivision , and shall state that failure of the owner or
lien holder to exercise their right to reclaim the vehicle
and contents shall be deemed a waiver by them of all rights ,
title and interest in the vehicle and a consent to the sale
a dc/er/ of the vehicle and contents at a public auction pursuant to
Subparagraph F of this Subdivision.
SECTION III . Shakopee City Code , Chapter 2, Js hereby amended
by adding a Section to read :
SEC. 2 . 82 . DEFERMENT OF SPECIAL ASSESSMENTS.
Subd. l The Council may defer the payment ofiany
special assessment on homestead property owned by a person
•
( O
who is 65 years of age or older, or who is retired by virtue
of permanent and total disability, and the City Clerk is hereby
authorized to record the deferment of special assessments
where the following conditions are met ; but nothing herein
contained shall be construed to prohibit the determination of
such a hardship on the basis of exceptional and unusual
circumstances not covered by these standards and guidelines
where the determination is made by the City Council in a
nondiscriminatory manner that a deferment should be granted
when such deferment does not give the applicant an unreason-
able preference or advantage over other applicants :
A. Any applicant must be 65 years of age , or
older , or retired by virtue of permanent and total disability,
and must own a legal or equitable interest in the property
applied for which must be the homestead of the applicant ;
B. The applicant and any other owner of said
property who resides therein with the applicant shall not
have an annual gross income in excess of the Section 8,
low income limits in effect at the time of the application.
(As established by the Department of Housing and Urban
Development . ) Income specified in the application should
be the income of the year preceeding the year in which the
application is made , or the average income of the three
years prior to the year in which the application is made.
C . the applicant and any other owner of said
property who resides therein with the applicant shall not
have gross assets ( excluding the homestead property) in
excess of $36 ,000.
D. The Assessor' s Market Value of the appli-
cants homestead parcel shall not exceed $60,000.
E. The limitations on an applicant ' s assets ,
and property market value may be adjusted on an annual basis
upon recommendation of the City Administrator and motion of
the City Council of the City of Shakopee.
F. Unless otherwise provided under the resolu-
tion adopting said assessments , all such deferred assessments
shall bear interest at the rate of 8 percent per annum
C. This procedure shall not apply to any assess-
ment of $100 . 00 or less .
Subd. 2 . The deferment shall be granted for as long
a period or time as the hardship exists and the conditions as
eIc%/ec/ aforementioned have been met. . However, it shall be the duty
of the applicant to notify the City Clerk of any change in
his status that would affect eligibility for deferment.
Subd. 3 . The entire amount of deferred special
assessments shall be due within sixty days after loss of
eligibility by the applicant . If the special assessment is
not paid within sixty days , the City Clerk shall add thereto
interest at 8% per annum from date assessments were adopted
through December 31 of the following year and the total
ac/%a amount of principal and interest shall be certified to the
County Auditor for collection with taxes the following year.
Should the applicant plead and prove, to the satisfaction of
the Council , that full repayment of the deferred special
assessment would cause the applicant particular undue finan-
cial hardship, the Council may order that the applicant pay
within sixty days a sum equal to the number of installments
of deferred special assessments outstanding and unpaid to date
( including principal and interest ) with the balance thereafter
paid according to the terms and conditions of the original
special assessment .
Subd . 4 . The option to defer the payment of special
assessments shall terminate and all amounts accumulated plus
applicable interest shall become due upon the occurrence of
any one of the following:
/C
A. The death of the owner when there is no
spouse who is eligible for deferment .
B. The sale , transfer or subdivision of all
or any part of the property.
C. Loss of homestead status on the property.
' D. Determination by the Council for any reason
that there would be no hardship to require immediate or partial
payment .
SECTION IV . Shakopee City Code Chapter I entitled "General
Provisions and Definitions Applicable to the Entire City Code
Including Penalty for Violation" and Section 2 . 99 entitled "Viola-
tion a Misdemeanor" are hereby adopted in their entirety, by refer-
ence , as though repeated verbatim herein.
SECTION V. After the adoption, signing and attestation of
this Ordinance , it shall be published once in the official news-
paper of the City of Shakopee and shall he 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 . - —
Mayor of AT e City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of — — , -179-83 .
City Attorney
1
.
j /6
RESOLUTION NO . 1713
A RESOLUTION SETTING PROCEDURES AND GUIDELINES FOR
SENIOR CITIZENS HARDSHIP SPECIAL ASSESSMENT DEFERRAL
WHEREAS , the Minnesota Legislature ha , set forth in Chapter
195 of Laws 1976 authorization for any city to defer payment of an
assessment for any homestead property owned by a person 65 years of
age or over for whom it would be a hardship to make said payment ;
and
WHEREAS , the City of Shakopee has determined it is in the
best interests of its citizens to exercise the authority granted
in said °Chapter 195 (now Minnesota Statute 435 . 193 and 435 .194) ;
NOW THEREFORE, the City Council of the City of Shakopee does
set forth the following standards and guidelines for determining
the existance of a hardship , but nothing herein contained shall
be construed to prohibit the determination of such a hardship on
the basis of exceptional and unusual circumstances not covered
by these standards and guidelines where the determination is made
by the City Council in a nondiscriminatory manner that a deferment
should be granted when such deferment does not give the applicant
an unreasonable preference or advantage over other applicants ;
1 . Any applicant must be 65 years of age and must own a
legal or equitable interest in the property applied for
which must be the homestead of the applicant ;
2 . The applicant and any other owner of said property
who resides therein with the applicant shall not have
an annual gross income in excess of the Section 8 ,
low income limits in effect at the time of the applica-
tion . (As established by the Department of. Housing and
Urban Development . ) Income specified in the application
should be the income of the year preceeding the year in
which the application is made , or the average income of
the three years prior to the year in which the applica-
tion is made .
3 . The applicant and any other owner of said property
who resides therein with the applicant shall not have
gross assets (excluding the homestead property) in excess
of $36 ,500.
4 . The Assessor ' s Market Value of the applicants home-
stead parcel shall not exceed $60,000.
5 . The limitations on an applicant ' s income , assets , and
property market value may be adjusted on an annual basis
upon recommendation of the City Administrator and motion
of the City Council of the City of Shakopee .
6 . Unless otherwise provided under the resolution adopting
said assessments , all such deferred assessments shall bear
interest at the rate of 8 percent per annum;
7 . Termination of the right to this deferred payment shall
be _as provided by Minnesota Statute 435 . 195 and such defer-
ment shall terminate as provided therein , to wit ;
a . Upon the death of the owner , provided that spouse
is not otherwise eligible for the benefits here-
under ;
b. Upon the sale , transfer , or subdivision of the
property or any part thereof ;
c . Upon the property losing its homestead status ; or
d . Upon the City of Shakopee ' s determination that
the hardship has ended so that immediate or
$ partial payment is required .
i
8 . This procedure shall not apply to any assessment of
$100.00 or less .
BE IT FURTHER RESOLVED , that this resolution supersedes
Resolution No . 974 .
Adopted in C114lb
session of the City Council of the
City of Shakopee , held this P day of best 4 e _ 1980.
l V----' ' ite1044
''
Mayor /of the City'of Shakopee
ATTEST:
_5-- -ee-e,e-v ,
City Cle�,}e-
Approved as to form this '7
day of ( �, , 1980.
4,L
City Attor ey _.-.__.___ j
i
/ (1)
ORDINANCE NO. 121, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
SHAKOPEE CITY CODE, CHAPTER 2 , ENTITLED "ADMINISTRATION AND
GENERAL GOVERNMENT" BY CHANGING PROVISIONS RELATING TO
ABANDONED MOTOR VEHICLES ; BY ADDING A PROVISION RELATING
TO DEFERRED PAYMENT OF SPECIAL ASSESSMENTS ; AND, BY ADOPTING BY
REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 2 . 99 WHICH,
AMONG OTHER THINGS , CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS :
SECTION I . Shakopee City Code , Section 2 . 70 , entitled "Dis-
posal of Abandoned Motor Vehicles , Unclaimed Property and Excess
Property" is hereby amended by changing Subdivision 1 , Subpara-
graph A, Item 1 , to read:
1 . The term "abandoned motor vehicles"
means a motor vehicle as defined in Minnesota Statutes ,
Chapter 169 , that has remained for a period of more than
forty-eight hours on public property illegally or lacking
vital component parts , or has remained for a period of more
than forty-eight hours on private property without the con-
sent of the person in control of such property, or in an
inoperable condition such that it has no substantial potential
further use consistent with its function unless it is kept
in an enclosed garage or storage building. It shall also
mean a motor vehicle voluntarily surrendered by its owner
to and accepted by the City or the Police Department and any
motor vehicle coming into possession of the City or its
Police Department by seizure , confiscation or other means
and such vehicle has remained unclaimed after notice to the
last registered owner thereof hereinbefore provided shall
be deemed to have been abandoned. A classic car or pioneer
car , as defined in Minnesota Statutes , Chapter 168 , shall
not be considered an abandoned motor vehicle within the
meaning of this Section. Vehicles on the premises of junk
yards or automobile graveyards , which are licensed and main-
tained in accordance with the City Code , shall not be con-
sidered abandoned motor vehicles within the meaning of this
Section.
SECTION II . Shakopee City Code , Section 2. 70 , entitled
"Disposal of Abandoned Motor Vehicles , Unclaimed Property and
Excess Property" , is hereby amended by changing Subdivision 1 ,
Subparagraph D, item 1 , to read:
1 . When an abandoned motor vehicle does
not fall within the provisions of Subparagraph C of this
Subdivision, the City shall give notice of the taking within
ten days . The notice shall set forth the date and place of
the taking, the year, make , model and serial number of the
abandoned motor vehicle , if such information can be reason-
ably obtained, and the place where the vehicle is being
held, shall inform the owner and any lien holders of their
right to reclaim the vehicle under Subparagraph F of this
Subdivision, and shall state that failure of the owner or
lien holder to exercise their right to reclaim the vehicle
and contents shall be deemed a waiver by them of all rights ,
title and interest in the vehicle and a consent to the sale
of the vehicle and contents at a public auction pursuant to
Subparagraph F of this Subdivision.
SECTION III . Shakopee City Code , Chapter 2 , is hereby amended
by adding a Section to read :
SEC. 2 . 82 . DEFERMENT OF SPECIAL ASSESSMENTS.
Subd. 1 The Council may defer the payment of any
special assessment on homestead property owned by a person
/b
who is 65 years of age or older, or who is retired by virtue
of permanent and total disability, and the City Clerk is hereby
authorized to record the deferment of special assessments
where the following conditions are met ; but nothing herein
contained shall be construed to prohibit the determination of
such a hardship on the basis of exceptional and unusual
circumstances not covered by these standards and guidelines
where the determination is made by the City Council in a
nondiscriminatory manner that a deferment should be granted
when such deferment does not give the applicant an unreason-
able preference or advantage over other applicants :
A. Any applicant must be 65 years of age , or
older , or retired by virtue of permanent and total disability,
and must own a legal or equitable interest in the property
applied for which must be the homestead of the applicant ;
B. The applicant and any other owner of said
property who resides therein with the applicant shall not
have an annual gross income in excess of the Section 8 ,
low income limits in effect at the time of the application.
(As established by the Department of Housing and Urban
Development . ) Income specified in the application should
be the income of the year preceeding the year in which the
application is made, or the average income of the three
years prior to the year in which the application is made .
C. The applicant and any other owner of said
property who resides therein with the applicant shall not
have gross assets (excluding the homestead property) in
excess of $36 ,000 .
D. The Assessor ' s Market Value of the appli-
cants homestead parcel shall not exceed $60 ,000.
E. The limitations on an applicant ' s assets ,
and property market value may be adjusted on an annual basis
upon recommendation of the City Administrator and motion of
the City Council of the City of Shakopee .
F. Unless otherwise provided under the resolu-
tion adopting said assessments , all such deferred assessments
shall bear interest at the rate of 8 percent per annum
G. This procedure shall not apply to any assess-
ment of $100. 00 or less .
Subd. 2 . The deferment shall be granted for as long
a period of time as the hardship exists and the conditions as
aforementioned have been met . However, it shall be the duty
of the applicant to notify the City Clerk of any change in
his status that would affect eligibility for deferment .
Subd. 3 . The entire amount of deferred special
assessments shall be due within sixty days after loss of
eligibility by the applicant . If the special assessment is
not paid within sixty days , the City Clerk shall add thereto
interest at 8/ per annum from date assessments were adopted
through December 31 of the following year and the total
amount of principal and interest shall be certified to the
County Auditor for collection with taxes the following year.
Should the applicant plead and prove, to the satisfaction of
the Council , that full repayment of the deferred special
assessment would cause the applicant particular undue finan-
cial hardship, the Council may order that the applicant pay
within sixty days a sum equal to the number of installments
of deferred special assessments outstanding and unpaid to date
( including principal and interest ) with the balance thereafter
paid according to the terms and conditions of the original
special assessment .
Subd. 4. The option to defer the payment of special
assessments shall terminate and all amounts accumulated plus
applicable interest shall become due upon the occurrence of
any one of the following :
A. The death of the owner when there is no
spouse who is eligible for deferment .
B. The sale , transfer or subdivision of all
or any part of the property.
C. Loss of homestead status on the property.
D. Determination by the Council for any reason
that there would be no hardship to require immediate or partial
payment .
SECTION IV. Shakopee City Code Chapter 1 entitled "General
Provisions and Definitions Applicable to the Entire City Code
Including Penalty for Violation" and Section 2 . 99 entitled "Viola-
tion a Misdemeanor" are hereby adopted in their entirety, by refer-
ence , as though repeated verbatim herein.
SECTION V. After the adoption, signing and attestation of
this Ordinance , it shall be published once in the official news-
paper 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 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of , 19E3 .
City Attorney
ORDINANCE NO. 122 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
SHAKOPEE CITY CODE, CHAPTER 3 , ENTITLED "MUNICIPAL AND PUBLIC
UTILITIES - RULES AND REGULATIONS, FRANCHISES AND RATES" BY ADDING
A PROVISION RELATING TO DELINQUENT MUNICIPAL UTILITY RATES AND
CHARGES; BY REMOVING THE ELECTRIC AND GAS FRANCHISES FROM SECTIONS
3.30 AND 3.40 AND LISTING SAME IN CHAPTER 25; AND, BY ADOPTING BY
REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS .
THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I. Shakopee City Code, Chapter 3, is hereby amended
by adding a Section to read:
SEC. 3.04. MUNICIPAL UTILITY SERVICES AND CHARGES A
LIEN.
Subd. 1. Payment for municipal utility service and
charges, whether adopted by the City Council or the City Pub-
lic Utilities Commission, shall be the primary responsibility
of the owner of the premises served and shall be billed to him
unless otherwise authorized in writing by the tenant and owner
and consented to by the City of Shakopee, Minnesota. The City
may collect the same in a civil action or, in the alternative
and at the option of the City, as otherwise provided in this
Section.
Subd. 2. Each such charge is hereby made a lien
upon the premises served. All such charges which are on
September 30th of each year more than forty-five days past
due, shall be certified by the City Clerk of the City of
Shakopee, Minnesota to the County Auditor between the 1st and
10th day of October of each year , and the City Clerk in so
certifying such charges to the County Auditor shall specify
the amount thereof, the description of the premises served,
and the name of the owner thereof. The amount so certified
shall be extended by the Auditor on the tax rolls against such
premises in the same manner as other taxes, and collected by
the County Treasurer, and paid to the City along with other
taxes.
SECTION II. Shakopee City Code, Chapter 3, is hereby amended
by removing Section 3.30 entitled "Electric Franchise" and Section
3.40 entitled "Gas Franchise" and listing the same in Chapter 25
of the Shakopee City Code.
SECTION III. Shakopee City Code Chapter 1 entitled "General
Provisions and Definitions Applicable to the Entire City Code
Including Penalty for Violation" and Section 3.99 entitled "Viola-
tion a Misdemeanor" are hereby adopted in their entirety, by refer-
ence, as though repeated verbatim herein.
SECTION IV. After the adoption, signing and attestation of
this Ordinance, it shall be published once in the official news-
paper 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
19
Mayor of the City of Shakopee
-1-
/ v
ATTEST:
City Clerk
Prepared and approved as to form this
day of , 19
City Attorney
Published in the Shakopee Valley News this____ day of
, 19 .
-2-
/ 0
ORDINANCE NO. 123 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
SHAKOPEE CITY CODE, CHAPTER 4, ENTITLED "CONSTRUCTION LICENSING,
PERMITS AND REGULATIONS" BY CHANGING PROVISIONS RELATING TO THE
STATE BUILDING CODE AND THE HOUSING CODE; BY REPEALING THE PROVI-
SION RELATING TO FIRE ZONES; AND, BY ADOPTING BY REFERENCE,
SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF SHAKOPEE , MINNESOTA, ORDAINS:
SECTION I. Shakopee City Code, Section 4.01, is hereby
amended to read:
SECTION 4.01. BUILDING CODE ADOPTED. The Minnesota
State Building Code (SBC) including Appendices C and E; Flood
Proofing Regulations Sections 201.2-208.2; the 1982 Edition of
the Minnesota Plumbing Code and Appendices C and D; the 1978
Edition of the National Electric Code; the 1976 Uniform Code
for Abatement of Dangerous Buildings; and Chapters 1, 7, 38,
55 and 70 of the 1982 Uniform Building Code are hereby adopted
by reference as though set forth verbatim herein. One copy of
said Codes shall be marked CITY OF SHAKOPEE - OFFICIAL COPY and
kept on file in the office of the City Administrator and open
to inspection and use by the public.
SECTION II. Shakopee City Code, Section 4.40 , is hereby
amended to read:
SEC. 4.40. HOUSING CODE. The Uniform Housing Code, 1982
Edition, published by the International Conference of Building
Officials, is hereby adopted by reference as though set forth
verbatim herein. One copy of said Code shall be marked CITY
OF SHAKOPEE - OFFICIAL COPY and kept on file in the office of
the City Administrator and open to inspection and use by the
public.
SECTION III. Shakopee City Code, Section 4.02, entitled "Fire
Zones Established" is hereby repealed.
SECTION IV. Shakopee City Code Chapter 1 entitled "General
Provisions and Definitions Applicable to the Entire City Code
Including Penalty for Violation" and Section 4.99 entitled "Viola-
tion a Misdemeanor" are hereby adopted in their entirety, by refer-
ence, as though repeated verbatim herein.
SECTION IV. After the adoption, signing and attestation of
this Ordinance, it shall be published once in the official news-
paper 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
19
Mayor of the City of Shakopee
ATTEST:
City Clerk
-1-
/0
Prepared and approved as to form this
day of , 19
City Attorney
Published in the Shakopee Valley News this _____ day of
, 19
-2-
J.
t
ORDINANCE NO. 124 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
SHAKOPEE CITY CODE, CHAPTER 5 , ENTITLED "LIQUOR, BEER AND WINE
LICENSING AND REGULATION" BY CHANGING PROVISIONS RELATING TO ACTION
ON LICENSES, CLOSING REGULATIONS, DELINQUENT TAXES, TEMPORARY BEER
LICENSEE INSURANCE REQUIREMENTS, BEER SALES TO INTOXICATED PERSONS,
AND LIQUOR LICENSEE BOND REQUIREMENTS; BY ADDING PROVISIONS RELAT-
ING TO FINANCIAL RESPONSIBILITY OF LICENSEES, PROOF OF AGE, INSUR-
ANCE REQUIREMENTS, AND LICENSES RELATING TO CONSUMPTION AND DISPLAY
AND TEMPORARY LIQUOR LICENSES; BY REPEALING ORDINANCE NO. 114 ,
FOURTH SERIES, AND, BY ADOPTING BY REFERENCE, SHAKOPEE CITY CODE
CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS .
THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I. Shakopee City Code, Section 5.02, entitled "Appli-
cations and Licenses - Procedure and Administration" is hereby
amended by relettering Subparagraphs F and G of Subdivision 4 as
Subparagraphs G and H; and, by amending Subparagraphs E and F to
read:
E. Refusal and Termination. The Council may,
in its sole discretion and for any reasonable cause, refuse to
grant any application. No license shall be granted to a
person of questionable moral character or business reputation.
Licenses shall terminate only by expiration or revocation.
F. Revocation or Suspension. The Council may,
in its sole discretion and for any reasonable cause, revoke,
or suspend for a period not to exceed sixty (60) days, any
license granted under the provisions of this Chapter. The
Council shall revoke the license upon conviction of any
licensee or agent or employee of a licensee for violating any
law relating to the sale or possession of beer, wine or liquor
upon premises of the licensee, or if such revocation is manda-
tory by Statute. If it shall be made to appear at the hearing
thereon that such violation was not willful, the Council may
order suspension; provided that revocation shall be ordered
upon the third such violation or offense. No suspension or
revocation shall take effect until the licensee has been
afforded an opportunity for a hearing before the Council, a
committee of the Council, or a hearing examiner, as may be
determined by the Council in action calling the hearing. Such
hearing shall be called by the Council upon written notice to
the licensee served in person or by certified mail not less
than fifteen nor more than thirty days prior to the hearing
date, stating the time, place and purpose thereof. As addi-
tional restrictions or regulations on licensees under this
Chapter, and in addition to grounds for revocation or suspen-
sion stated in the City Code or Statute, the following shall
also be grounds for such action: (1) that the licensee
suffered or permitted illegal acts upon licensed premises
unrelated to the sale of beer , wine or liquor; (2) that the
licensee had knowledge of such illegal acts upon licensed
premises, but failed to report the same to police; (3) that
the licensee failed or refused to cooperate fully with police
in investigating such alleged illegal acts upon licensed
premises; or, (4) that the activities of the licensee created
a serious danger to public health, safety, or welfare.
SECTION II. Subdivisions 7 and 8 of Shakopee City Code, Sec-
tion 5.02 entitled "Applications and Licenses - Procedure and
Administration" are hereby amended to read:
Subd. 7. Unlawful Acts .
A. Consumption. It is unlawful for any person
to consume, or any licensee to permit consumption of, beer,
-1-
jv
wine or liquor on licensed premises more than thirty (30)
minutes after the hour when a sale thereof can legally be
made.
B. Removal of Containers. It is unlawful for
any on-sale licensee to permit any glass, bottle or other
container, containing beer, wine or liquor in any quantity, to
remain upon any table, bar , stool or other place where
customers are served, more than thirty (30) minutes after the
hour when a sale thereof can legally be made.
C. Closing. It is unlawful for any person,
other than an on-sale licensee's bona fide employee actually
engaged in the performance of his duties, to be on premises
licensed under this Chapter more than thirty (30) minutes
after the legal time for making licensed sales. Provided,
however, that this Subdivision shall not apply to licensees,
employees of licensees and patrons on licensed premises for
the sole purpose of preparing, serving or consuming food or
beverages other than beer, wine or liquor.
Subd. 8. Delinquent Taxes and Charges. No license
under this Chapter shall be granted for operation on any
premises upon which taxes, assessments, or installments
thereof, or other financial claims of the City are owed by the
applicant and are delinquent and unpaid. For the purpose of
this Section, "applicant" includes persons and related persons
(spouses, blood relatives and spouses of blood relatives) , (1)
owning at least a 50% beneficial interest in the proposed
license or in the entity making the application, and (2) at
least an undivided one-half interest in the premises proposed
to be licensed, or at least a 50% beneficial interest in the
entity owning such premises.
SECTION III. Subparagraph C, Subdivision 2 of Shakopee City
Code, Section 5.12, entitled "Temporary Beer License Permitted -
Terms and Fees" is hereby amended to read:
C. All such temporary licenses shall be sub-
ject to any terms as shall be established by the Council at
the time such license is granted, and any violation of such
terms shall be grounds for refusing to issue such a temporary
license to the violating club, charitable, religious or non-
profit organization for a period of up to three (3) years. If
the license is for sales on public property, a public lia-
bility insurance policy with limits of at least the sum of
$100,000.00 for injury to any one person and $300,000.00 for
injury to more than one person, shall be a condition to issu-
ance of the license. Provided, however, in all cases where
the licensee or applicant for a license is a national or reli-
gious organization, the insurance requirement may be satisfied
by filing with the City a proper certificate of such
insurance along with proof of non-profit status in lieu of
insurance policy.
SECTION IV. Shakopee City Code, Section 5.16 , is hereby
amended to read:
SEC. 5.16. BEER SALES TO OBVIOUSLY INTOXICATED PERSONS.
It is unlawful to sell beer to a person who is obviously
intoxicated , or to an habitual drunkard.
SECTION V. Subdivision 6 of Shakopee City Code, Section 5.32
entitled "Liquor License Restrictions and Regulations" is hereby
amended to read:
Subd. 6. Application. Every person desiring a
license shall file with the City Clerk a written and verified
application in the form prescribed by the proper agency of the
State of Minnesota and with such information as may be
required thereon. Every application shall be accompanied by a
-2-
76
surety bond in the amount of $3,000.00 for an off-sale or an
on-sale license. All applications, bonds and insurance
policies required by this Chapter shall be submitted to the
City at least twenty (20) days prior to the regular Council
meeting in May of each year for an off-sale license, and at
least twenty (20) days prior to the regular meeting in June of
each year for an on-sale license. Each such application shall
also be accompanied by a receipt showing the payment of at
least the first one-half of the current real estate taxes.
SECTION VI. Shakopee City Code Chapter 5 is hereby amended by
adding Sections to read:
SEC. 5. 07 . INSURANCE REQUIREMENTS. Whenever an
insurance policy or certificate is required by this Chapter,
the applicant shall file with the City Clerk a policy or
certificate of insurance showing (1) that the limits are at
least as high as required, (2) that coverage is effective for
at least the license term approved, and (3) that such
insurance will not be cancelled or terminated without thirty
days' written notice served upon the City Clerk. Cancellation
or termination of such coverage shall be grounds for license
revocation.
SEC. 5.08. PROOF OF AGE. For the purposes of consuming,
purchasing or possessing beer, wine or liquor, age may only be
established by a valid driver's license or a current Minnesota
identification card issued pursuant to Minnesota Statutes,
Section 171.07. In the case of a foreign national, a valid
passport may be used as an alternative to the foregoing
methods of identification.
SEC. 5 . 09 . FINANCIAL RESPONSIBILITY OF LICENSEES.
Subd. 1. Proof. No beer , wine or liquor license
shall be issued or renewed unless and until the applicant has
provided proof of financial responsibility imposed by Minne-
sota Statutes, Section 340.95, by filing:
A. A policy, in the case of an application for
a liquor or wine license, and a certificate of insurance in
the case of an application for a beer license, that there is
in effect an insurance policy or pool providing minimum
coverages of (1) $100,000.00 because of bodily injury to any
one person in any one occurrence, and $300,000.00 because of
bodily injury to two or more persons in any one occurrence,
and in the amount of $10 ,000.00 because of injury to or
destruction of property of others in any one occurrence, and
(2) $100,000.00 for loss of means of support of any one person
in any one occurrence, and, subject to the limit for one
person, $300 ,000.00 for loss of means of support of two or
more persons in any one occurrence; or,
B. A bond of a surety company with minimum
coverages as provided in Subparagraph A of this Subdivision;
or ,
C. A certificate of the State Treasurer that
the licensee has deposited with him $100,000.00 in cash or
securities which may legally be purchased by savings banks or
for trust funds having a market value of $100,000.00.
Subd. 2. Exception. This Section does not apply to
beer licensees with annual sales of beer of less than
$10 ,000.00. Provided that such exception shall not apply
where sales are made on public property. All licensees desir-
ing to claim this exemption must prove entitlement thereto in
such a manner as the City Council shall by resolution from
time to time determine .
-3-
/ 6
SEC. 5.35. SPORTS OR CONVENTION FACILITIES LICENSE. The
Council may authorize any holder of an on-sale liquor license
issued by the City or by an adjacent municipality to sell
liquor at any convention, banquet, conference, meeting or
social affair conducted on the premises of a sports or conven-
tion facility owned by the City, or instrumentality thereof
having independent policy-making and appropriating authority
and located within the City. The licensee must be engaged to
sell liquor at such an event by the person or organization
permitted to use the premises, and may sell liquor only to
persons attending the event. The licensee shall not sell
liquor to any person attending or participating in any amateur
athletic event. Such sales may be limited to designated areas
of the facility. All such sales shall be subject to all laws
relating thereto.
SEC. 5.46 . CONSUMPTION AND DISPLAY - ONE DAY LICENSE.
Subd. 1. License Required. Any non-profit organi-
zation desiring to serve liquids for the purpose of mixing
with liquor and permitting the consumption and display of
liquor in conjunction with a social activity sponsored by it,
shall first obtain a license therefor from the City. It is
unlawful for any such organization to fail to obtain such
license.
Subd. 2. Term. The term of such license shall be
one day only.
Subd. 3. Limitation on Number. No more than ten
licenses shall be issued in any calendar year.
Subd. 4. License Fee. The fee for such one-day
license is $25.00, in accordance with Minnesota Statutes.
Subd. 5 . Approval. In addition to Council
approval, such license must be approved by the Commissioner of
Public Safety.
SECTION VII. Ordinance No. 114, Fourth Series, entitled "An
Ordinance of the City of Shakopee Amending Shakopee City Code
Chapter V Entitled "Liquor , Beer and Wine Licensing and Regula-
tions" 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" is hereby repealed.
SECTION VIII. Shakopee City Code Chapter 1 entitled "General
Provisions and Definitions Applicable to the Entire City Code
Including Penalty for Violation" and Section 5.99 entitled "Viola-
tion a Misdemeanor" are hereby adopted in their entirety, by refer-
ence, as though repeated verbatim herein.
SECTION IX. After the adoption, signing and attestation of
this Ordinance, it shall be published once in the official news-
paper 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
19
Mayor of the City of Shakopee
-4-
ATTEST:
•
City Clerk
Prepared and approved as to form this
day of 19
City Attorney
Published in the Shakopee Valley News this day of
, 19
-5-
( °
ORDINANCE NO. 125 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
SHAKOPEE CITY CODE, CHAPTER 6 , ENTITLED "OTHER BUSINESS REGULATION
AND LICENSING" BY CHANGING PROVISIONS RELATING TO TAXICAB LICENSE
REQUIREMENTS , GAMBLING AND BINGO; BY ADDING A PROVISION RELATING TO
INSURANCE REQUIREMENTS; AND, BY ADOPTING BY REFERENCE , SHAKOPEE CITY
CODE CHAPTER 1 AND SECTION 6 .99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS .
THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS :
SECTION I . Subdivision 5 of Shakopee City Code, Section 6 . 22,
entitled "Taxicabs and Drivers" is hereby amended to read:
Subd . 5 . Liability Insurance Required. No license
to operate a taxicab shall be issued by the City until a certi-
ficate of insurance has been filed with the City Clerk estab-
lishing that there is in full force and effect a liability
insurance policy issued by an insurance company authorized to
do business in the State of Minnesota for each vehicle
authorized to be operated by the applicant in the amount of
$50 ,000 . 00 for bodily injury to any one person, and the amount
of $100 ,000 . 00 for injuries to more than one person which are
sustained in the same accident and $50,000 . 00 for property
damage resulting from any one accident.
SECTION II . Shakopee City Code, Section 6. 32, entitled
"Gambling Device and Bingo Licenses" is hereby amended by changing
Subdivision 2 , Subdivision 3, Subparagraph F of Subdivision 7 , and
Subparagraph A of Subdivision 8 , to read :
Subd . 2 . Provisions of State Law Adopted. The pro-
visions of Minnesota Statutes, Chapter 349, as amended through
Laws of 1982 , relating to the definition of terms, licensing
and restrictions of gambling and bingo are adopted and made a
part hereof as if set out in full .
Subd. 3 . Persons Eligible for License . Licenses
shall be issued only to a corporation , fund, foundation, trust
or association organized for exclusively scientific, literary,
religious, charitable, education or artistic purposes, or club
organized and operated exclusively for pleasure or recreation.
Such organization must have been in existence for at least five
years and shall have at least fifteen active members.
Subd . 7 . Conduct of Gambling.
F. Prizes. Total prizes from the operation of
paddlewheels, tipboards and pull-tabs (or ticket jars) awarded
in any single day in which they are operated shall not exceed
$1 , 000. 00 . Total prizes resulting from any single spin of a
paddlewheel, or any single seal of a tipboard, each tipboard
limited to a single seal , or from a single pull-tab (or ticket
jar) shall not exceed $150 . 00 . Total prizes awarded in any
calendar year by any licensee from the operation of paddle-
wheels,
addle-wheels, tipboards, and pull-tabs (or ticket jars) and the
conduct of raffles shall not exceed $35,000 .00 . Merchandise
prizes shall be valued at fair market retail value .
Subd. 8 . Conduct of Bingo.
A. No compensation shall be paid to any person
in connection with a bingo occasion except an active member of
the organization or its auxiliary, or the spouse or surviving
spouse of an active member , conducting the bingo occasion nor
shall any person not an active member of the organization or
its auxiliary or the spouse or surviving spouse of an active
member participate in the conduct of a bingo occasion, except
by resolution of a majority of the membership, recorded in the
-1-
f o
official minutes of the organization. Non-management assis-
tants who are not active members of the organization , or its
auxiliary, or the spouse or surviving spouse of an active
member , may be hired to assist members in conducting a bingo
occasion. Compensation shall not exceed $20 .00 for a bingo
occasion.
SECTION III . Item 3, Subparagraph E, Subdivision 9, of
Shakopee City Code, Section 6 . 32, entitled "Gambling Device and
Bingo Licenses" is hereby repealed .
SECTION IV. Shakopee City Code, Chapter 6 , is hereby amended
by adding a Section to read:
SEC. 6 .10 . INSURANCE REQUIREMENTS. Whenever insurance
is required by a Section of this Chapter , after approval by the
Council, but before the license shall issue, the applicant
shall file with the City Clerk a policy or certificate of
public liability insurance showing (1) that the limits are at
least as high as required , (2) that coverage is effective for
at least the license term approved , and (3) that such insurance
will not be cancelled or terminated without thirty days written
notice served upon the City Clerk . Cancellation or termination
of such coverage shall be grounds for license revocation.
SECTION V. Shakopee City Code Chapter 1 entitled "General Pro-
visions and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 6 .99 entitled "Violation a Petty
Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein .
SECTION VI . After the adoption , signing and attestation of
this Ordinance , it shall be published once in the official newspaper
of the City of Shakopee and shall be in full force and effect on and
after the date following such publication.
Adopted in session of the City Council of the City
of Shakopee , Minnesota, held this day of
19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form this
day of , 19
City Attorney
Published in the Shakopee Valley News this day of
, 19
-2-
ORDINANCE NO. 126 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
SHAKOPEE CITY CODE., CHAPTER 8, ENTITLED "TRAFFIC REGULATIONS" BY
CHANGING A PROVISION RELATING TO EXHIBITION DRIVING; AND, BY
ADOPTING BY REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION
8.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS :
SECTION I. Subdivision 2 of Section 8.03 entitled "Exhibition
Driving" is hereby amended to read:
Subd. 2. Unlawful Act. It is unlawful for any
person to do any exhibition driving on any street, parking
lot, or other public or private property, except when an emer-
gency creates necessity for such operation to prevent injury
to persons or damage to property; provided, that this Section
shall not apply to driving on a racetrack. For purposes of
this Section, a "racetrack" means any track or premises
whereon motorized vehicles, horses, dogs, or other animals or
fowl legally compete in a race or timed contest for an
audience, the members of which have directly or indirectly
paid a consideration for admission.
SECTION II. Shakopee City Code Chapter 1 entitled "General
Provisions and Definitions Applicable to the Entire City Code
Including Penalty for Violation" and Section 8.99 entitled "Viola-
tion a Misdemeanor or Petty Misdemeanor" are hereby adopted in
their entirety, by reference, as though repeated verbatim herein.
SECTION III. After the adoption, signing and attestation of
this Ordinance, it shall be published once in the official news-
paper 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
19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form this
day of , 19
City Attorney
Published in the Shakopee Valley News thisday of
_--
, 19
ORDINANCE NO._127__ , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
SHAKOPEE CITY CODE, CHAPTER 9, ENTITLED "PARKING REGULATIONS" BY
CHANGING PROVISIONS RELATING TO GENERAL PARKING PROHIBITIONS; BY
ADDING A PROVISION RELATING TO PARKING DURING STREET MAINTENANCE
AND OTHER RESTRICTIONS; AND, BY ADOPTING BY REFERENCE, SHAKOPEE
CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS .
THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS :
SECTION I. Shakopee City Code, Section 9.02, is hereby
amended to read :
SEC. 9.02. GENERAL PARKING PROHIBITIONS. It is unlawful
for any person to stop, stand or park a vehicle except when
necessary to avoid conflict with other traffic or in
compliance with the specific directions of a police officer or
traffic control device in any of the following places: (1) on
a sidewalk; (2) in front of a public or private driveway; (3)
within an intersection; (4) within ten feet of a fire hydrant;
(5) on a crosswalk; (6) within twenty feet of a crosswalk at
f)b6e13 anv intersection; (7) , in a sign--posted fire lane; (8) within
thirty feet upon the approach to any flashing beacon, stop
sign or traffic control signal located at the side of a
roadway; (9) within fifty feet of the nearest rail of a
railroad crossing except in a parking lot; (10) within twenty
feet of the driveway entrance to any fire station and on the
side of a street opposite the entrance to any fire station
within seventy-five feet of said entrance when properly sign-
posted; (11) alongside or opposite any street excavation or
obstruction when such stopping, standing or parking would
obstruct traffic; (12) on the roadway side of any vehicle
stopped or parked at the edge or curb of a street; (13) upon
any bridge or other elevated structure upon a street; (14) at
any place where official signs prohibit or restrict stopping,
parking or both; (15) in any alley, except for loading or
unloading and then only so long as reasonably necessary for
such loading and unloading to or from adjacent premises; or,
(16) on any boulevard which has been curbed.
SECTION II. Shakopee City Code, Section 9.50, entitled "Park-
ing During Street Maintenance and Parking Between November 15 and
April 1" is hereby amended by adding Subdivision 6 to read :
Subd. 6. It is unlawful to park in violation of
this Section.
SECTION III. Shakopee City Code Chapter 1 entitled "General
Provisions and Definitions Applicable to the Entire City Code
Including Penalty for. Violation" and Section 9.99 entitled "Viola-
tion a Misdemeanor or Petty Misdemeanor" are hereby adopted in
their entirety, by reference , as though repeated verbatim herein.
SECTION IV. After the adoption, signing and attestation of
this Ordinance, it shall be published once in the official news-
paper 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
19 ------
Mayor of the City of Shakopee
-.1-
Ltas,
:_ team<, �,..., ..... . �__
ATTEST:
City Clerk
Prepared and approved as to form this
day of , 19
City Attorney
Published in the Shakopee Valley News this day of
, 19
-2-
l b
ORDINANCE NO. 128 , FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE
SHAKOPEE CITY CODE, CHAPTER 10, ENTITLED "PUBLIC PROTECTION, CRIMES
AND OFFENSES" BY CHANGING PROVISIONS RELATING TO DISPOSAL OF
UNCLAIMED DOGS AND ADOPTION OF FIRE CODE; BY REPEALING PROVISION
RELATING TO BOARD OF HEALTH; AND, BY ADOPTING BY REFERENCE,
SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF SHAKOPEE , MINNESOTA, ORDAINS :
SECTION I. Subdivision 10 of Shakopee City Code, Section
10.21, entitled "Dog and Cat Regulation and Licensing" is hereby
amended to read:
Subd. 10. Impounding. Any dog found in the City
without a tag or running at large shall be placed in the City
Pound. Any dog or cat committing a nuisance as provided in
Subdivision 8 shall be seized and may be impounded. All dogs
and cats placed in the City Pound shall be held for redemption
by the owner for a period of not less than five regular busi-
ness days. A "regular business day" is one during which the
Pound is open for business to the public for at least four
hours between 8 : 00 o'clock A.M. and 7 : 00 o' clock P.M.
Impoundment records shall be preserved for a minimum of six
months and shall show: (1) the description of the animal by
specie, breed, sex, approximate age, and other distinguishing
traits; (2) the location at which the animal was seized; (3)
the date of seizure; (4) the name and address of the person
from whom any animal three months of age or over was received;
and, (5) the name and address of the person to whom any animal
three months of age or over was transferred. Any dog or cat
which is not claimed within five days after impounding may be
sold, for not less than the amount provided in Subdivision 12,
to anyone desiring to purchase the dog or cat. If unclaimed,
such dog or cat shall be humanely destroyed and the carcass
disposed of, unless it is requested by a licensed educational
or scientific institution under authority of Minnesota
Statutes, Section 35.71. Provided, however , that if a tag
affixed to the animal, or a statement by the animal's owner
after seizure specifies that the animal should not be used for
research, such animal shall not be made available to any such
institution but may be destroyed after the expiration of the
five-day period.
SECTION II. Shakopee City Code, Section 10.35 , is hereby
amended to read:
SEC. 10.35. ADOPTION OF THE MINNESOTA UNIFORM FIRE CODE
AND THE NATIONAL FIRE PREVENTION CODE. The 1979 Edition of
the Minnesota Uniform Fire Code and the 1982 Edition of the
National Fire Prevention Code are hereby adopted as though set
forth verbatim herein. One copy of each of said Codes shall
be marked CITY OF SHAKOPEE - OFFICIAL COPY and kept on file in
the office of the City Administrator and open to inspection
and use by the public.
SECTION III. Shakopee City Code, Section 10.01, entitled
"Board of Health" is hereby repealed.
SECTION IV. Shakopee City Code Chapter 1 entitled "General
Provisions and Definitions Applicable to the Entire City Code
Including Penalty for Violation" and Section 10.99 entitled "Viola-
tion a Petty Misdemeanor" are hereby adopted in their entirety, by
reference, as though repeated verbatim herein.
-1-
. . t L)
SECTION VI. After the adoption, signing and attestation of
this Ordinance, it shall be published once in the official news-
paper 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
19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form this
day of , 19
City Attorney
Published in the Shakopee Valley News this day of
, 19
-2-
C FROM:
TO: fr.
SHKOC,
PUBLIC UTILITIESTIES COMMISSION
1030 East Fourth Avenue
SHAKOPEE, MN 55379 (612) 445-1988
Name:
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CITY OF SHAKOPEE
PUBLIC UTILITIES COMMISSION `a
1030 EAST FOURTH AVENUE jj
SHAKOPEE, MINNESOTA 55379
� 'ri�t� V•"a7
445.1988 ' t
•
July 13, 1983
Shakopee City Council
Re: unpaid water and sewer bill.
Mr. John Nelson is the owner of an apartment building in the North
West corner of Co. Rd. 17 at Shakopee Ave. That building has a
single water meter billed to the owner. In Janaury 1983, Mr. Nelson
questioned his water and sewer bill for the previous 3 month period.
A meeting between SPUC staff and Mr. Nelson did not resolve the
problem, nor did a subsequent meeting between the Utilities Commission
and Mr. Nelson resolve it.
We have been informed by Mr. Nelson that he does not intend to pay
a portion of his water and sewer bill in the amount of $330.02.
The Shakopee Public Utility Commission has several alternatives
available:
A. Turn off the water supply. (But this would inconvenience the
buildings tennants who would be caught in the middle)
B. Have our attorney take the matter to court (Costly.)
C. Request that the City Council put the unpaid water and sewer
charges on the property taxes.
In view of the special circumstances in this case, and the fact that
most of the unpaid bill is for sewer charges, the Utilities Commission
requests the City Council to put the unpaid bill on the property taxes
for collection.
Shakopee Public Utilities Conmuission
ah--e&C--e
Wallace Bishop, Preside
WB:bn
The Heart of Progress Valley
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THE AMERICAN APPRAISAL COMPANY
Patchin Appraisals Division
2300 Dain Tower, 527 Marquette Avenue Minneapolis, MN 55402 612:835-6531
July 19 , 1983441
American Appraisal's 87th year RE E VL0
Ci
Mr. H. E. Spurrier
rte, E'er"�114cEAAiG
City Engineer �.
City of Shakopee 0/
129 East First Avenue c f Li
Shakopee, Minnesota 55379
Dear Mr. Spurrier:
We are pleased to submit this proposal for appraisal services
involving the acquisition of land needed for the construction of
a frontage road along Highway 101 east of Valley Fair about one
mile on the south side.
The partial taking involves about 2. 5 acres of unimproved land in
Lot 1, Block 1, Cretex Industrial Park, First Addition, and it is
understood that NSP has an easement on the property. The premise
of value is Fair Market Value , defined as . . .
the highest price estimated in terms of money which a
property will bring if exposed for sale in the open
market allowing a reasonable time to find a purchaser
who buys with knowledge of all the uses to which it
is adapted and for which it is capable of being used.
The purpose of the appraisal is to estimate the value of the parcel
taken and the damage, if any, to the remainder due to the partial
taking. The before and after method of valuation is used.
The fee for this report is $1,150 and includes expenses.
In addition to the above report, you have requested a report for
each of six properties on the proposed frontage road which would
value the benefits accruing to them from the construction of the
frontage road. It is thought the frontage road would add value to
the lots on the frontage road. Our study would measure the value ,
if any, to the following property owners:
Ziegler Tractor School Bus Sales
Peterson Seed PCI
Auto Auction Howe Chemical
The fee for these reports is $6 , 700 including expenses.
THE AMERICAN APPRAISAL COMPANY r( C�
Mr. H. E. Spurrier Page 2 July 19 , 1983
As an alternative to individual reports, we suggest an independent
general study of the frontage road to determine if there are benefits
to the property owners fronting on it, what they are, and general
overall value. That report would be in letter format and the fee
would be $1, 150 including expenses.
All fees are billed during progress of the engagement with final
payment due on receipt of reports.
We appreciate this opportunity to serve you and look forward to your
decision and reply. If you have any questions , please call me.
Sincerely yours,
James C. Ferguson
District Manager
JCF:ef
FRANK J. WICKER, S.R.P.A.
4769 Dakota Street
Prior Lake, Minnesota 55372
447-6040
July 19 , 1983
Mr. Bo Spurrier
City Engineer
City of Shakopee
129 East 1st Ave .
Shakopee, Minnesota 55379
Dear Mr. Spurrier :
You have requested an estimate of the cost to perform a market
value appraisal for three parcels of land in the City of
Shakopee.
The function of the appraisal is to establish the loss in value
to the owner in an Eminent Domain proceeding .
The fee for my services is $50 . 00 per hour, plus actual costs of
soil tests , surveys , etc. if they are required. I estimate the
time involved will not exceed 60 hours , for a total cost of
approximately $3, 000 . 00.
The report will be delivered within three weeks of my notifi-
cation of the assignment.
It is understood that a benefit analysis may be required in the
future, but that would not be considered as part of this assign-
ment.
If there are any questions , please let me know.
Res ectfulbmi
e:F ank J . icke ' tt
encl . Qualifications
j
P CI I A Vid�ys/3 Sv -41- tc C+/(-C
6 -(—L,.) ct, 9 241' lc"( Co s. kt.
CeeSRPA
dir
Real Estate Appraiser a' Investment CI sultans
QUALIFICATIONS OF FRANK J . WICKER, S . R. P .A. , C .R.A.
Graduate of Boise Jr. College , Boise , Idaho - - 1957
Graduate REALTORS Institute , Minneapolis , Minnesota - 1970
Feasibility Analysis Seminar , St . Paul , Mn. - 1972
SREA Introduction to Appraising Real Property, Macalester College -1972
SREA Narrative Report Seminar, Augsburg College - 1973
SREA Principles of Income Property Appraising , Minneapolis - 1974
SREA Condominium Appraising , Minneapolis , Mn. - 1975
The Valuation of Leases t, Leasehold Interests , Denver , Co. - 1976
Designated Certified Real Estate Brokerage Manager, Chicago - 1975
Designated Certified Commercial Investment Member, Chicago - 1977
Designated Certified Property Manager , Chicago - 1977
Designated Certified Review Appraiser , St . Paul , Mn. - 1980
Designated Senior Real Property Appraiser, Chicago - 1982
ASSOCIATION MEMBERSHIPS
Society of Real Estate Appraisers - S. R. 1> . A. -Director , Mpls . Chapter , 1983
National Association of Review Appraisers
Greater Minneapolis Area Board of REALTORS, Director 1979-80-81; Treasurer
Minnesota Association of REALTORS 1983
National Association of REALTORS
Institute of Real Estate Management - C.P.M.
REALTORS National Marketing Institute - C. C. I .M. and C. R. B.
Minnesota Property Exchangors , President - 1979
Upper Midwest CCIM Chapter , President - 1981-82
APPRAISING EXPER[ENCE
Expert Valuation Witness - District Court, Scott County
Veteran ' s Administration Approved Appraiser
Appraisal of Residential , Commercial , Industrial Agricultural
Appraisals for Scott County , Cities of Shakopee, Savage , New Prague ,
Prior Lake
Property Management - Residential , Office , Commercial Industrial
PARTIAL LIST OF CLIENTS
St . Paul Fire Marine Insurance First National Bank of Wayzata
Peoples Savings Ei Loan Association Financial Plans , Inc . , Edina
Prior Lake State Bank Pacific National Bank, Seattle
City of Shakopee Cooperative Power Assn. , Mpls .
State Bank of New Prague Scott County Redevelopment
Wayzata Bank Trust Authority
1st National Bank of Prior Lake
BUSINESS EXPERIENCE
Actively engaged in the Real Estate business since 1967 .
Founder and President of a successful multi-office Real Estate
corporation with residential , commercial , investment, appraisal ,
property management and construction divisions .
Currently, President of Frank J . Wicker Associates , engaged in
investment Real Estate brokerage , appraisals of all types of
Real Estate , Property Management and Real Estate Investment
Counseling .
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MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: Liquor Liability Policy of Gerald Smith
DATE: May 19 , 1983
Introduction
I have received a new liquor liability insurance policy for
Gerald Smith, 101 East First Avenue. The policy has been
reviewed by the City Attorney and is in order. This is a
surplus lines policy.
Recommended Action
Accept the liquor liability insurance policy of Columbia Casualty
Company for Gerald F. Smith, 101 East First Avenue and authorize
staff to return the Guaranty National Insurance Company policy.
JSC/jms
//6
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: Liquor Liability Policy of R. Hanover Inc .
DATE: May 19 , 1983
Introduction
I have received a new liquor liability insurance policy for
R. Hanover Inc. , 911 East First Avenue . The policy has been
reviewed by the City Attorney and is in order.
Recommended Action
Accept the liquor liability insurance policy of the Home Insurance
Company for R. Hanover Inc . , 911 East First Avenue and authorize
staff to return the American Druggists ' Insurance Company policy.
JSC/jms