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HomeMy WebLinkAbout12/18/1984 MEMO TO: Mayor and City Council FROM: John K. Anderson , City Administrator RE: Non-Agenda Informational Items DATE : December 13 , 1984 1 . Tom Brownell has contacted the property owners in the Holmes Street and Fifth Avenue areas and determined that they are in favor of two hour parking . Thus, the signs will be installed as per Council directive . 2 . LeRoy has found up to four establishments open to the public that that have carpeting on their walls. Apparently this is in violation of the Fire Code and therefore LeRoy has notified them of the required changes . This apparently ranges from facilities like Richard ' s Pub to the K. C. Hall . You could well be hearing something about this so if you have questions please give LeRoy a call . 3 . Attached is a thank you letter from the Senior Citizens for the fruit basket donated to their Christmas Party on December 5th. 4 . Attached is the announcement for the January 29-30 , 1985 League Legislative Action Conference. Please contact Judy if you plan to attend . 5 . Attached is a summary of an award winning neighborhood park in Roseville . I picked this up at the banquet the night George Muenchow was honored by receiving the Distinguished Service Award for Community Service Directors for 1985 . 6 . Attached is the monthly newsletter from Ehlers and Associates . 7 . Attached is the Building Activity Report for the monthly ending November 30 , 1984 . 8 . Attached are the minutes of the November 29 , 1984 meeting of the Shakopee Coalition. 9 . Attached are the minutes of the November 5 , 1984 meeting of the Shakopee Public Utilities Commission . 10. Attached are the minutes of the October 25 and November 15 , 1984 meeting of the Energy and Transportation Committee . 11 . Attached is the agenda for the December 20 , 1984 Energy and Transportation Committee meeting . 12. Attached is a memo from Judy re: Lease with Shak-O-Valley Amateur Hockey , Inc . 13 . Attached is a letter from Bo to John Gockel regarding compli- cations on the Racetrack grading. This letter is the most recent in a series of 4 or 5 letters on the subject . Staff will keep you posted . 14 . Jeanne Andre attended the meeting with cities applying for the Mn FHA Single Family Mortgage Revenue Bond program to discuss pooling . The cities decided against pooling so our application remains unchanged . 15 . I have talked to the Housing Alliance about paying their $500 TIF fee so we can initiate the property appraisal . They had no problem with this , but said they hadn ' t planned to pay the $500 until after Council discussed it and set a schedule to resolve the storm sewer issue . Since Bo Spurrier won ' t have the report until the 1 / 8/ 85 meeting , this item will be held until then. JKA/jms "�.��- �h� o'�`' ��� � � ; '� �I � N � t �d1 J '4 O 1985 LMC Legislative Action Conference January 29-30, 1985 St. Paul Radisson Hotel Kellogg Boulevard Tuesday, January 29 11:00 a.m. Registration 12 noon Luncheon: Speaker(s) to be announced 1:45 p.m. LMC Policy Review/Adoption: Ask the Lobbyists 5:30-7:30 p.m. Reception for City Officials and State Legislators Wednesday, January 30 8:00 a.m. Continental Breakfast: Speaker(s) to be announced 9:30-11:00 a.m. Workshop 11:00-11:30 a.m. Briefing Session: LMC Legislative Priorities for 1985 11:30 a.m. on LMC Lobbying Day on the Hill Sponsored by the League of Minnesota Cities and the Association of Metropolitan Municipalities Of interest The LMC sound meter sources such as factories and loud PERA note parties. The Minnesota Pollution Con- loan program Since the resignation of former P g trol Agency provides free calibration of The League of Minnesota Cities will the meter and training in its use. PERA Executive Director Michael C. again lease sound meters to interested If noise is an issue in your commu- McLaren, things have been happening Minnesota cities for a one-year period nity, you should consider leasing a o fast at PERA that any summary we c in 1985. Sound meters measure the sound meter. The cost is $165 per could publish here would probably be noise levels of various noise sources, year. For information on the loan pro- sfar behind developments at the and are useful for local noise enforce- gram, contact Ellen Longfellow, Lea- stage you read it that it would be largely irrelevant. The purpose of this ment efforts. Cities primarily have gue of Minnesota Cities, 183 Universi- monitored motor vehicle noise but the ty Avenue East, St. Paul, Minnesota note is to assure those of you who may meters can also aid in controlling other 55101, Telephone: (612) 227-5600. ■ not be able to keep up with develop- ments through the media that the Lea- gue of Minnesota Cities is vitally con- ■■ E V E N S E N-DODGE, INC. funned about happenings;n this pension fund, that we continue to press for No F1 NANCIAL CONSULTANTS selection of a qualified executive direc- tor, and that we will give you a detailed report in the January issue. At this time, I want to commend and In over sixty years, Evensen Dodge has become thank those city officials and employees notionally recognized for full service consulting who took action to express their con- cerns about the PERA administrative activities which include financial planning, long problems to those state officials in a and short term debt structuring, refundings, cash position to make things happen. The flow analyses, feasibility and project analyses and suspension of John Allers from active other financial management services. administration of the PERA organiza- tion and his statement that he will not seek the position of permanent execu- tive director of that organization is a EXPERIENCE COUNTS—LET IT COUNT FOR YOU. major victory for all of us. —Stan Peskar, LMC General Coun- 3608 IDS Tower,Minneapolis,MN 55402 612-338-3535 800-328-8100 Minnesota sel. N 4 Minnesota Cities Minnesota 1111IC# itie• • December 1984 U A publication of the League of Minnesota Cities Volume 69, no. 13 Board of Directors, 1984-85 Contents President: Articles Mary Anderson, Mayor, Golden Valley 1985 Legislative Action Conference . . . . . . . . . . . . . . . .4 Keep January 29 and 30, 1985 open for the Vice President: Legislative Action Conference. Susan Ede], Councilmember, Winona Conference and housing reservations . . . . . . . . . . . . . . .5 Directors Of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Bill Bassett, City Manager, Mankato PERA update; LMC sound meter loan program Betty Bell, City Clerk, Coon Rapids Legislative Bulletin order form . . . . . . . . . . . . . . . . . . . .6 Analysis of city liquor store operations . . . . . . . . . . . . . .7 Robert Benke, Councilmember, Regional meetings review. . . . . . . . . . . . . . . . . . . . . . . 14 New Brighton Conference for Newly Elected Officials . . . . . . . . . . . . . 16 Patricia Bonniwell, Clerk-Administrator- Treasurer, Dassel Kelly Ferber, Mayor, Fergus Falls Chuck Hazama, Mayor, Rochester Departments Richard Johnson, Clerk-Treasurer, Training calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Brainerd Did you know . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Duane Knutson, Mayor, Fertile A review of the legal aspects of suspension and termination of employees James Miller, City Manager, Minnetonka Federal outlook. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Connie Morrison, Mayor, Burnsville Antitrust; cable legislation Kathy O'Brien, Councilmember, From the field . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Minneapolis Choosing a city clerk Elizabeth Witt, Councilmember, Test your knowledge. . . . . . . . . . . . . . . . . . . . . . . . . . .22 Mendota Heights Labor relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 Comparable worth: some misconceptions Ex officio members: Court decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Ron Backes, Councilmember, St. Louis Tort liability notices of claim; veterans' preference, Park, President, Association of nuisance actions for drainage problems Metropolitan Municipalities Municipal activities . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 George Latimer, Mayor, St. Paul, 1983-84 Municipal ads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 President, National League of Cities Immediate Past President: Robert Anderson, Mayor, International Falls Cover: Scenes from the regional meetings. Clockwise from upper left: LMC Executive Director: Barnum Mayor Robert Noland; city officials at the Paynesville meeting; New Donald Slater Ulm Mayor Carl Wyczawski; city officials at the Barium meeting. Photos by Jean Mehle. Editor: Jean Mehle Published monthly by the League of Minnesota Cities, 183 University Ave. East, St. Paul, MN 55101, telephone (612) 227-5600. Second class postage paid at Saint Paul, Assistant Editor MN. Publication number 351960. Subscriptions $15.00 per year. Single copy $1.50. Ralph Pribble Postmaster: Send change of address form 3579 to League of Minnesota Cities, 183 University Ave.East,Saint Paul,MN 55101. December 1984 3 1985 LMC Legislative Bulletin How will the 1985 Legislature affect cities? Keep up-to-date on action at the Capitol by subscribing to the LMC Legislative Bulletin. Each Week the Bulletin will provide: • Summaries of bill introductions of interest to cities • A week-by-week review of what happened to bills relating to city government • Action Alerts — requests for city officials to contact legislators on important issues * Analysis of legislation and how it will affect cities • Highlights of the week • Tips on where to get information on legislative matters The city manager, administrator, or clerk of each member city will receive a complimen- tary copy of the Bulletin each week; so will district coordinators and legislative contacts. •�►� — Other city officials can subscribe for$15 for the session, non-members for$30. +�- \ The first issue will come out the first l� \ week of the session which begins on January 8, 1985. 1 This will be an • important session _ t for cities . . . Stay informed - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1985 Bulletin order form Name Payment enclosed Title $15 (member) Address $30 (non-member) City/State/Zip Return to: Rose Minke, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101. 6 Minnesota Cities Plan now to attend evice e League of Minnesota Cities e� Association of Metropolitan Municipalities VO 9 �� 1985 Legislative Action Conference Tuesday and Wednesday, January 29-30, 1985 ve Radisson St. Paul Hotel City (Please print or type) Name Title Name Title Name Title Name Title Name _ Title Registration fee: $50.00 advance $55.00 on-site Check enclosed in the amount of$ Fee includes conference registration, Tuesday luncheon, Tuesday reception, and Wednesday continental breakfast. Mail to: Gayle Brodt, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101 '7ro Radisson Hotel St. Paul DON'T FORGET— MAKE CHECK OR MONEY ORDER PAYABLE TO RADISSON HOTEL ST.PAUL ORGANIZATION LEAGUE OF MINNESOTA CITIES DO NOT SEND CURRENCY. FUNCTION 1985 LEGISLATIVE CONFERENCE DATES JANUARY 29.– 30, 1985 ALL REQUESTS FOR THE ABOVE GROUP MUST BE RECEIVED BY January 14, 1985 Please reserve accommodations for Print or Type NAME COMPANY ADDRESS LAST FIRST CITY STATE ZIP CODE SHARING ROOM WITH NO.OF PERSONS SIGNATURE PHONE NUMBER CHECK IN TIME 3:00 PM MONTH I AY YEAR ARRIVAI_TIME MONTH I DAY I YEAR J CHECKOUTTIME 1:00 PM ARRIVAL DATE DEPARTURE DATE Accommodations will not be guaranteed without a check for the 1st night's deposit, or your major credit card number as requested below. Should you prefer not to guarantee your reservation, your room will be held only until 6:00 p m. of your arrival day. You will be charged for the 1st night if reservations are not cancelled 48 hours prior to arrival. CREDIT CARD# —__ u AMEX ❑ DINERS CLUB ❑ VISA ❑ MASTERCARD EXPIRATION DATE (PLEASE CHECK ONE) PLEASE CHECK PREFERRED ACCOMMODATIONS SPECIAL REDUCED RATES $50. SINGLE $58. DOUBLE OCCUPANCY Mail to: Reservation Office, Radisson St. Paul Hotel, 11 East Kellogg Blvd., St. Paul, MN 55101 IF RATE REQUESTED IS NOT AVAILABLE,NEAREST AVAILABLE RATE WILL BE ASSIGNED.THERE IS AN ADDITIONAL$ 8.00 CHARGE FOR THE THIRD OR FOURTH OCCUPANT IN EACH ROOM. RATES ARE SUBJECT TO APPLICABLE TAXES. NO CHARGE FOR CHILDREN UNDER 18 OCCUPYING THE SAME ROOM AS PARENTS. December 1984 5 THE ROSEVILLE CENTRAL PARK - A PARK FOR AND BY PEOPLE 5 The Roseville Central Park has become a developed reality due to the efforts of thousands of people- -both young and old. Marie Slawik has been the guiding light - the glue that has held the Central Park Foundation together for the past eighteen years of its existence . The purpose of the Central Park Foundation is the development of the Central Park. Its Board of Directors is made up of dedicated, conscien- tious people who have a common goal . They work closely with other civic organizations such as the Central Park Auxiliary, Jaycees and Lions Club as well as the City of Roseville , etc. to coordinate the park ' s development. The list of accomplishments to date is impressive . A great deal of effort by many individuals has been put forth. We thank all of those involved. Listed below is an impressive list of what has been accomplished in the park: - seven excellent softball fields - one lighted softball field - five football and soccer playfields - four large picnic shelters - four great play areas loaded with playground equipment - miles of hard surfaced .trails for hiking and biking - Nature Trail Boardwalk out into the swamp - speedskating track - clubhouse for skating and nature study - jogging and exercise trail for non-handicapped - senior citizen's ' walking course - wheelchair '.exercise course - play area designed to meet the needs of the handicapped - 100 plus picnic tables - swinging park benches - regular benches for sitting and relaxing - revitalized lake for fishing and wildlife - four tennis courts - four sand volleyball courts - one hard surfaced volleyball court - fourteen horseshoe courts - 2On0+ trees punted - two fire rings - one excellent regulation-size baseball field - six sets of bike racks - three bridges - Amphitheatre seating 1 , 000 people - nature observation platform - four Bocce Ball courts - woodchip walk trails - four giant parking lots with parking for 700 cars - grill for the handicapped - giant grills for picnics - twenty- five small grills - entrance lighting - four park signs - bathroom facility - two drinking fountains - S00 birdhouses - 7 aerators in Lake Bennett leaf-recycling center flower gardens - fishing lake stocked by DNR - Bandshell As you can see, many excellent projects have been completed in the park. Events held have included state softball tournaments, wheelchair mara- thons , thousands of picnics , great Fourth of July celebrations, various Bike-A-Thons , Run-A-Thons , fishing contests , etc . The Central Park is a park for all people. To those who have helped make it thus- -THANKS: You have been a part of a project with a purpose . . . that gives meaning to life. To those who use the park-- - - --ENJOY IT'. FRANK J. ROG, Director of Parks and Recreation MRPA State Fall Conference Holiday Inn- -Minneapolis, Mn. November 29, 1984 7 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT November , 1984 PERMITS ISSUED Yr. to Date Total Previous Year Ilumber Number Valuation Number Valuation. 6499 - 6536 MO . YTD . Single Fam. -Sewered 1 30 1 , 861 , 100 2 41 2 ,386 ,877 Single Fam. -Septic 2 12 1 , 337 ,941 2 12 986 ,960 Multiple Dwellings - 12 1 ,204,500 - 13 13151 ,000 (Mo.Units) (YTD Units) ( 32 ) ( 32 ) Dwelling Additions 5 56 385 ,998 2 65 717 ,630 Other 8 19 17 , 351 , 349 - 3 15645 ,850 Business District 2 10 157805875 4 13 131285000 Agricultural - - - - - - Industrial -Sewered - - 1 2 3165000 Industrial -Septic 1 1 195 ,000 - - - Accessory/Garages 1 46 378 ,438 3 44 250,850 Signs & Fences 8 46 465751 2 41 72 , 391 Fireplaces/Wood Stove 2 9 21 ,530 2 16 33 ,475 Grading/Foundation 1 11 2 , 647 ,000 1 13 151 ,006 Remodeling (Res. ) 3 39 1455292 1 24 1103721 Remodeling ( Inst. ) - 1 6 , 345 ,000 - 1 110 ,000 Remodeling (Other) 3 44 720,009 4 19 258 ,228 TOTAL TAXABLE 37 355 28 ,075 , 783 24 325 95208 , 988 TOTAL INSTITUTIONAL - 1 63345 ,000 - 1 100,000 GRAND TOTAL 37 356 343420 , 783 24 326 9 , 308 ,988 M0 . YTD . M0 . YTD . Variances 1 7 3 14 Conditional Use 4 19 2 14 Re-Zoning - 2 - - Moving - 1 - - Electric Permits 25 256 14 183 Plmbg. & Htg. Permits 15 264 25 209 Razing Permits Residential - 1 - - Commercial - - - - Total dwelling units in City after completion of all construction permitted to date . . . . . . . . . . . . . . . . . . . . . . . . .3 , 737 Cora Hullander Bldg. Dept. Secretary �i CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN NOVEMBER, 1984 6499 Ries Bldrs . 333 S . Lewis Alt . $ 1 ,500 6500 Rick Ohland 826 Holmes Addn. 1 . 379 6501 Morris Const . 1307 Maxine Cir . House 105 ,000 6502 EMG Sunway Solar 511 McDevitt Addn. 8 ,772 6503 Dellwo Const . 925 Apgar Addn. 1 ,100 6504 Void 6505 Gene Thaemert 223 Holmes Alt . 500 6506 Sterling Fence 1087 Jackson Fence 344 6507 Amcon 667 Co. Rd. 83 Alt. 15 ,000 6508 Valley Pools 1291 Maxine Cir. Pool 10 ,000 6509 Kraus-Anderson Racetrack 830 ,000 6510 Kraus-Anderson Racetrack 825 ,000 6511 Kraus-Anderson Racetrack 1 ,866 ,828 6512 Joe Watson 112 Holmes Sign 150 6513 Heat n Glo 2560 Muhlenhardt Fireplace 1 ,100 6514 Void 1 ,089 ,781 6515 Pat Meyer 860 Prairie Alt. 1 ,100 6516 Valley Fair One Valley Fair Addn. 350 ,000 6517 Dato Enterprises 257 Marschall Addn. 30 ,000 6518 Western Const . 612 E. 7th Garage 5 ,000 6519 Bill Morgan 230 Lewis Sign 200 6520 Clete Link 612 E. 1st Foundation 10 ,000 6521 Tievoli Pizza 230 Lewis Sign 200 6522 Stikbilt Const . 7960 Horizon Dr. House 110 ,000 6523 Valley Fair / On �a ` air' Addn. 23 ,400 6524 Valley Fair One Valley Fair Addn. 22 ,100 6525 Laurent Bldrs . 1263 Polk St House 55 , 100 6526 Stueve Const . 7632 Hwy 101 Addn. $ 195 ,000 6527 Gregg Voxland 917 Minnesota Alt . 900 6528 J. Andy Bohr 1282 Harrison Fireplace 300 6529 Procon, Inc . 1257 Marschall Sign 200 6530 Clete Link 612 E. 1st Sign 500 6531 Clete Link 1226 E. 4th Alt . 300 6532 Suburban Lighting 615 Marschall Sign 800 6533 Attracta Sign 1425 Co. Rd. 89 Sign 1 ,000 6534 Void 6535 Bernard Broos 403 E. 2nd Addn. 740 6536 Data Enterprises 257 Marschall Addn. 103000 6365d Kraus-Anderson Racetrack 75 ,000 6365e Kraus-Anderson Racetrack 160,000 $4, 718 , 513 SHAKOPEE COALITION MINUTES — MEETING NOVEMBER 29, 1984 The meeting was called to order by Chairman John Neely in the Citizens State Bank Community Room at 7:00 a.m. Present: John Neely ' Valley News Virgil Mears ISD #720 Gene Skalsky K of C George Muenchow Shakopee COmmunity Services Joan Salter Food Shelf Roman Schneider Senior Citizens Ruth Schneider Senior Citizens Barbara Colhapp Area Learning Center GED Jeff Manthe Rotary Barry Stock City of Shakopee John Anderson City of Shakopee Jim Streefland Lions Club Deloris Gorman Community Services Kathy Lewis Community Services Tom Reiner Ministerial Association Virgil Mears gave a report on behalf of Murphy's Landing. The City of Shakopee appropriated $15,000 for immediate assistance to counteract current bills. Scott County also has been asked to give help. There apparently are some legal questions needing clarification before this can be done. Joan Salter reported on the Food Shelf. The Thanksgiving Project went great with 72 families given major assistance for that occasion; 44 from Scott County, 28 from Carver County. The Shakopee Sr High School youth particularly were helpfull, also students from the Vo—Tech School plus others. For the upcoming Holiday Project 12 long tables are needed for holding food at the Minnesota Valley Mall for three days starting December 20. Four hundred area families are to be served with food and toys. If we know of anyone who potentially will not have a nice Christmas, call the Carver—Scott Economic Council with this information. Mary Sullivan reported that a new site for the Food Shelf was not found in Shakopee, so as of immediately it was being moved to a new location in Chaska (again on a temporary basis) . This was with regrets because Shakopee had done so much to make it as successful as it was. Regarding the S.C.E.C. Fund Raiser Shakopee has current— ly raised $2,000. Chaska has challenged Shakopee to be the first in achieving their quota. A flyer is being prepared to more completely explain the functions of S.C.E.C. Chairman Neely announced that Gary Laurent recently was elected as the new president of the Shakopee Chamber of Commerce. Barry Stock gave a report on the City' s newest project — "SCRAPS". Shakopee received a grant of $8, 169 to be used for developing a recycling program. This is a six month program and is a test for various methods that will be used including bins for some neighborhoods, bags for some others, and nothing for a third neighborhood. Will only deal with cans, glass, and paper. They might work cooperatively with P.C.I. on this project. Barry further reported that "Dial A Ride" was still progressing, but needs stimula— tion. The Van Pool and Flex Pool Programs are going good with 53 regular daily riderd. Nominations were received for offices in this organization. The names of Jim Streefland, Gene Skalsky, and Jackie Kes were presented. These names will be checked before the next meeting since two of the people were not present at the time of nominations. The offices of Secretary and Treasurer were left open. It was suggested that there should also be a Vice—Chairman. Elections will be held at the next meeting December 13 at 7:00 a.m. The meeting was adjourned at 8:00 a.m. George F. Muenchow, Acting Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on November 5, 1984 at 4:30 P.M. in the Utilities meeting room. t Commissioner Kirchmeier offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and Gorman. Also Manager Van Hout, Superintendent Leaveck, Liaison Wampach and Secretary Menden. Motion by Gorman, seconded by Cook that the minutes of the October 1, 1984 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 A T and T Information Systems 139.38 A T and T Information Systems 35.66 A T and T Information Systems 5,261.00 American Public Power Association 633.98 American Water Works Association 49.00 Auto Central 22.94 Axle Spindle Repair, Inc. 320.00 Bills Toggery 258.86 Boardman, Suhr, Curry and Field 60.50 Border States Electric Supply Co. 61.33 Burroughs Corporation 171.00 C and H Carpenter Lumber 5.35 Carlson Equipment Company 23.80 Carlson Ok Hardware 56.62 Champion Auto of Shakopee 85.87 Chanhassen Lawn and Sports 93.89 Chapin Publishing Co. 65.52 City of Shakopee 930.85 Graybar Electric Supply Co. 3,508.77 H & C Electric Supply 1,029.25 Hagen Systems, Inc. 214.04 Harmons Hardware Hank 49.99 S.M. Hentges and Son Excavating 600.00 Leef Bros. , Inc. 18.00 Locators and Supplies 58.42 3M 150.54 McGraw Edison Power Systems Group 4,548.00 Malkerson Motors 1,904.95 Ben Meadows Company, Inc. 240.51 Minnegasco 232.40 Minnegasco 21.58 Motor Parts Service 62.23 Mr. Donut 6.00 Northern States Power Co. 212,991.15 Northern States Power Co. 1,035.04 Northern States Power Co. 614.56 Northwestern Bell Telephone Co. 273.79 Pitney Bowes, Inc. 84.00 Reynolds Welding Supply Co. 99.44 Schoell and Madson, Inc. 6,682.89 Serco 748.40 Shakopee Floral 25.50 Shakopee Postmaster 2,500.00 Shakopee Public Utilities Comm. 194.40 Shakopee Services 36.00 Dean Smith Trenching, Inc. 1,035.00 Southwest Suburban Publishing, Inc. 49.23 Starks Cleaning Services 17.30 Suel Business Equipment 49.27 T and R Service 60.00 Truck Utilities and Mfg, Inc. 132.73 Lou Van Hout 47.55 Viking Industrial Center 21.60 Viking Steel Products Inc. 49.08 Water Products Co. 543.08 Wesco 659.82 Widmer Bros. , Inc. 59,641.47 X-Ergon, Inc. 64.80 State of Minnesota 100.00 Motion by Cook, seconded by Gorman that the bills be allowed and ordered paid. Motion carried. A revised wage and benefit request by the employees of the Shakopee Public Utilities Commission was presented to the Commission. A letter from Joe Schleper, Shakopee Senior High, on the Close-Up program was read and placed on file. Manager Van Hout presented a letter from the down-town Ad Hoc Committee regarding their time table and their priority list of improvements. The Engineering proposals for designing the underground will be obtained in the near future. The Manager was directed to send a letter to the Committee stating our time table. A letter from the Minnesota Municipal Utilities Association regarding the present situation on the Public Employees Retirement Association board of directors was acknowledged. Liaison Wampach gave his report on the current status of the progression of events happening with the Down Town Ad Hoc Committee and noted a water leak that had been repaired by the Shakopee Public Utilities Commission during the Fifth i Avenue Sewer job. The bill from Widmer Bros. for the installation of the watermain for the Correctional Institution was explained by Manager Van Hout. The project is now 79% complete. Final payment could be made next Spring upon completion of the project. The State of Minnesota will be billed upon completion of the project and after our final payment to Widmer Bros. The plans and specifications for the office remodeling was presented by Manager Van Hout. Motion by Kirchmeier, seconded by Cook to authorize the Manager to adver- tise foY bids. Motion carried. ' k L Manager Van Hout gave a report on the issues discussed at the Minnesota Municipal Utilities Association fall meeting. Manager Van Hout informed the Commission of the intervention of the River Electric Association on a rate matter proposed by Northern States Power Co. Manager Van Hout informed the Commission there was some changes in the platting of the Century Plaza Square 2nd Addition. There was only a minor change in the charge for the trunk water main associated with this property. The Commission authorized Manager Van Hout to obtain the easements needed for the Minnesota Correctional Facility street right-of-ways. The Commission directed Manager Van Hout to write a letter to Howe Chemical Company regarding installation of a water meter. The Commission was informed of a termination of service to the property located at the corner of 1st Ave. and Holmes Street. There were no new plats for October, 1984. Superintendent Leaveck reported three fire calls for a total of 3 man hours for October, 1984. There were no lost time accidents for October, 1984. Motion by Gorman, seconded by Cook that the meeting be adjourned. Motion carried. There will be a special meeting held on November 20, 1984 at 4:30 P.M. The next regular meeting will be held on December 31 1984 at 4:30 P.M. in the Utilities meeting room. Barbara Menden, Secretary //) aC^rte,•, �•TT V:CJD 1 - 1 .. (` . -;17�..1_)1tT -� v- !� - - ii.T l.'� l ._ Ji.Jl �_c� .....f±J mR:_.. J-° G T..Ti^�: !"r" •rm-n-,-,; V'� :.r LT�.It.�-•i�1 .J� '+T 0 7 C T.j.- � �"'.-,� T �?.,'.� .`n -. JJ .r lit J•�. ;.�..�:-J�J, a 117a\J,.�l.!'T1V�i���--' , 1 n4 .c for to -,he m e m, cor-� ittee me-.b-_:rs hwa the o ,r,ortunito ns-,-I the Jial-r`i-Ri=;.e vr__n. Cher.:. Dvn,.rell calle'- the Y:eeti« to or.-:or �.t 7:.l0 'u me 7: ers Sch;" ngler, S Lott '., �1_' .S , rC? =er'Ie'^ "resent . nlSO kpreser=t `Frere .b arrjr toc'_-, Tran it Voo�"din .tor .?1: Cncl. vol`] ' r-�? .�o arrived 1E __.. veCt �-ter. Sch,uin.gler/tier- er mov_ to �7�rro'-e the l.:inutes o_`' the "eptembvr 27, 1934, reetin,,. o on carr-; e unz-':nir ouslt-. The follo;.inp- van -000l ,policies ,-,,erediscu4sed: VEHICLE 11r. Stock- revie.{ed five ossible altern .tivec for c. b-:.ch-'a" vehicleto the tiCIZ -oo1 _ �r'O..'"1^.;.?i; nt�t1i1?' �tJ:.'.r� '�CS and �� ;?, n- 1� M y ti -." f _ n .�7 dV�.w w loci ted -;rith e-ch wl:,erne J ; .Te . Cost �.actors and insurance questions ,ere the :_ OSt recurrInrr co;?sirdera ti ons. Scn,;ai}�-ler/�fee�Ls moved to obtain 1- c,�-'a, , �-. :� .��= ., vehicle�e f rom Van cool services Ir�c. T r. Stoc c pointed cut 'th .t the Dial-A-moi de contract �,,Tould have to be amended in or der -for a back-:;-o vehicle UO be obtained. c »chain. ler `'iYeelks -ithdrer-,T the mo-uJ._on and noveCd t0 reco?_"ne 2 +o Cit Jr Council that the Dial-A.-Ride contract dated Se�- tember 1, 1984, be emended to_incluc'e the oll 0' 7 nr !a.- ya�e �- T- , as il!`:Jei dLiL' Ore :,0 :,'.e Contract Reauest ror 3-ct_-UT Vehicle The Contractor -hall be -responsible r'or one 15 nacsen=-er vehicle -:hich is to be used as `a back-ur to the Dial-A-Ride '�}nd van _pool fro Mrams. In the event a van rool breaks down in co=uter service , the driver .-iil c ll the Stzatrol-ee D=a1—A-aide 0i_-1ce nd recuvt base- tL vehicle . Ir s L'1 b .ct'-u, vehicle .,?,ill be d �tched to ,. -, ; is��. c' �. she strnlecz c o :mut e r The back-u-, vehicle shall ::also be Evailw'ble to van -.00l n7ou-_s --:-hen t ei r vehicle is out o� service --or a da.=� or .ore .:lir ' Yl T eberxG heir van 'fails to 'u rt i n 1''1� va_. ^_:e cost Vr. he back—l�Y VTe=a.icle L 11 be �a � - Ci-tir _ _ to V n wool ;JerVICeS !nc . -.er t� ct2't_'�_�t Vov'ji11 Rar-'Gher _..ove t-_1:-v e ..ch v.n -ool arc sal_ s U.se c�.r oOl2n? a3 -ti corlt _:n—mc-- l n ne ..vent 'i cl.e w u uy. vehicle is _<ot a�Twila ale. oticn c_:.rri ec?. ch , ­ler/Zi ex- _.ow (_ -Ih: .' o1,i C'c'nditlCn27, _ y enr T,rrn_, 1t sh--'_! ';in _ 2 ;'S 'On 1' -_- ---- v-.n "l,c rj 1 `P l Y iJ 0 '.e 'J r K n A he e l^r 1 On i t 7 T ro'-i.t dr_ 'e :e4de t h-,tCon•.,i t ons re too h-._z r do-j_s lac .:..1Y ..:� M h1 /s1ie sh,-'1 i bc re:- my ' or cont--..c-tin ll t'1e re 1wr ricers in the v: n r ool. T _' Oo1 _ri--e r+ :i1� : ti be rc� _ o11.� SJ1_:. Cori -Ct'_- c - nC' S, i.. rc�ai0 s-t_:.t=011 S :,'ell s. Cable t� 47111C'_l . 111 wT]1^OunCe �'ie . rou eC nceli .Ui on. 01_, CL: . r- •. eG. v.­,.-. ool r(,i.a;'-:j _ re c-:-. 2 1 l e - - t the C u2 0 nCleriBll� ,';e '.t iET� there sn: 11 b2 __0 re reduc-ions "0r +'_e r. U..d ei_ 001 7 r1.t e- v.rc -_lso �:r�ed to I to e� ^h otaor :o r2 cti �. e _1 co�_s ns .s. 1. 0tion carried -,-n-a nir,ous1". 1]l,.�•- -?I� , n -, -*Try _ T• ,� i . '. C. .L,r. _toc�>. note;- "-h;It on , ~� c:•t 22 , 1� 4 , the ner and ortat ion coli _ _ tee _a o- to vCn ool -colic-- =,hich .,d resses! the 'ZC_.irg ✓vi o o U–.;f–t o- n resi w'_nnt s en,—L bO1..1.-p. —n .....ad Tile. to a ^o11C-1_ -671ich La110;7=ed non-rewinents c-o necti-n- •; t i UrLC, V _._ „_�=ri u_l.. C�_t,. 1iT it,v t-o bo__rd Vam ool.S. He Cited i ivL _.l P,r11 i ;Ives to Outline the 7_•eo^ra-, .-, .cel o ger =.t�cn::1 re� a� he D_al-A-Ride .nd su ^e, t �_ e deci sior_ srallel the Sr n ool oli cie - ao_,ed e slier. :Di-_cussi^•n 2_''_�7" :__ ,_,-`j3ch-,-in-ler niovcd th-°.t Dial-A-Ride tri 1s must orici nate e.nd ter_ inate trithin t-he Shako-)ee cit- lin-its : th .t outside the city limits shall be defil nevit }is area outside the official _, that U G.s cit,v bound-cries cnd that �1eo-ole l=ivin- outsi.'le the Sha1_o'Jee Cit,' li::dits shall not be w110"'e.--dd to be -licked u-n "t their _1oT:'.e T Or ride on the Di al-1-i-Ri,,e -'•ro 7rai'_'1. These 11r,its are subject to revie--., as necessary. _.'ction carried unani ',ousl y. Hl).0��-M.L - 1i i Er. Stock has received sever.-1 co=eats -and com-,1t ints reT rdin. the ne;! nolic-y t 1:t there should be no 1_ -:re reduction C?ur7n- 7 holid -, ee:s or i onths. Discus&_i on as to i?hether riders sho ;11d4 be credite? °orho1i + -=s ?ollo-•:=ed. Zie-ler/lchwl nrler mioved to 1:eer the stz>.tus quo; duri n,7 holiday , eeks or months there sh=.11 be no -reduction or J"arec for van 1001 riders. oti or C .rried vnanimiousl'r. Er. Stocl: rave er-cn cot m-ii U vee 1�'-ember a Van _` oo1 C7 r boo',,-let containing each 3f the -1olici es nassed to dote. The Committee co=enc'ed T_r. Stoc': .dor a. ;iob well done . r cyob .r 25 1 J J4_ e 3 _ _,i, cL. _ _ o. �e: u- .. .tee on 'U-;-,.e .,he �n,.__. ,4 an _1:J-1c �!1 - `r, .. e J11�-,t L) _'..� item -�C��1 C� �e .-..�CJ.u. C, in ~»ester '�v U _1 �! U le C7-e b ee J1 :toe=_ e _-�1�.i_Ze ' _ o:. t%�e �i_.1.-�•-ricG vehicles -ill be a '�.r_;ed• He _-:1 �"'o _.�i 11:,.. th_. li _'.ree rides, .. .. .,'. .d be �I ven 4n election da- . rol:^v ti 0_^_�l i"i''terl-1 c '=ll i e 1'_1Cl'' }. =t-✓i 1 —z i t s c. r* - n ' _ i r . O C'l:,tr e s t_Zc tili r b 1 n. .__.1 be .�o �cc�_ �ro,aand X0;-,11, .:r r ri11 be �1 Leed ;�, b -.n_ s , .� doctor' s o__`icer. `"_le b:.nncr is also Chrm. Dusr::,ell noted the n ej'.t :eeti ;r gill be held on November 15 , 19 4. Z :epler/ >c'r� .i n-ler rove;? to -:djou n the .^eeti n , Pt 9 . 05 ..._• i, otiar_ c�rrried` lane.m ou It . BL:'r-ry Stoch jud-T «u ^'ies �,dr:in. Aide/"L-ransit Coord. Recordin-I Secretary PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 15, 1984 Due to the lack of a quorum, the Energy and Transportation Committee did not meet on November 15 , 1984 . The next regular session of the Energy and Transportation Committee is scheduled for December 20, 1984 at 7 : 30 p.m. in the Shakopee City Council Chambers . TENTATIVE AGENDA Energy and Transportation Committee Shakopee, Minnesota December 20, 1984 Chrm. Dunwell presiding: I. Roll Call at 7 : 30 P.M. 2 . Approval -of Minutes - October 25, 1984 and November 15, 1984 . 3 . Presentation: John Gostovich, Director Govenor' s Community Energy Program 4 . Action: Van Pool Policy Amendments A. Bad Weather Cancellations B. Holidays C. Back-Up Vehicle 5 . Action• Dial-A-Ride Fare Structure 6 . Action: Participation in Chaska, Chanhassen, Eden Prairie Transit Feasibility Study. 7. Informational Items A. Van Pool Services Fixed Cost Increase B. Defensive Driving Course C. Van Pool Monthly Report 8 . Other Business A. B. 9 . Adjournment Barry A. Stock Admin. Intern CITY OF SHAKOPEE /o( MEMO T0 : John K. Anderson , City Administrator FROM: Judith S . Cox, City Clerk RE : Lease with Shak-O-Valley Amateur Hockey, Inc . - Informational DATE : December 12 , 1984 To summarize our meeting with Mr. Krass on December 11th : The lease for city property with Shak-O-Valley Amateur Hockey, Inc . requires an insurance policy to be on file with the city. We only have an insurance binder and a policy is coming in 4-8 weeks . The Shak-O-Valley Amateur Hockey, Inc . is now a member of Valley Ice Arena , Inc . as well as the Chaska Community Hockey Association, Inc . The insurance is in the name of Valley Ice Arena , Inc . The lease expires September 16 , 1985 , but may be extended for additional five year periods by written mutual agreement . In light of the above , the Assistant City Attorney is going to get in touch with the president of Valley Ice Arena , Inc . and prepare a draft new lease which will include : 1 ) Proper name of entity operating facility. 2 ) Increase insurance requirements to coincide with recent legislative increases for cities . 3 ) Require the insurance policies to be effective in the Spring so that a policy will be delivered prior to facilities being opened to the public . 4) The lease will prohibit occupancy of the premises without an insurance policy on file with the City of Shakopee . The revised lease will be brought before the Council when it is in order . The revised lease will be brought before the Council when it is in order . C = T Y O F S H A K O P E E INCORPORATED 1870 +� ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Kinnesota 55379-1376 (612) 445-3650 December 3, 1984 John Gockel Minnesota Racet rack, Inc. 5248 Valley Industrial Blvd. S. Shakopee, MN 55379 Re: Racetrack Site Plan Dear John: I was disappointed to learn that there was a significant altera- tion to the drainage plan and to the overlot grading plan with- out any notice to the City. The lack of any notice was a shock because my department has cooperated and assisted the Racetrack in everyway possible from the preparation of the Environmental Assessment Worksheet to the inspection of on site improvements. Thursday morning, November 29, 1984, I learned that a dike was being constructed along the south boundary of the site. The dike construction was contrary to the original plan, con- trary to the original design criteria, contrary to the approved plans and contrary to the procedures we have used for altera- tions in the approved plans. I cannot believe that the elevation problem is new. I have questioned you and the architect for the past two months regard- ing this matter. Friday, November 30, I spoke to Jim Husnick, Hammel Green and Abrahamson, Inc, regarding this matter and I specifically asked for cross sections that would show the relative elevations of the existing pond and existing floor elevations of buildings located south of the proposed detention facility and affected by the dike constructed along the souther- ly boundary of the Racetrack parcel. With this informaton and detailed crosssections to be provided later, I hope to acertain whether any major work will be necessary this winter to protect adjacent properties from damage. These adjacent properties include a City well. From the beginning of the environmental review process, the City has promised that the proposed facilities would not in any way alter the drainage conditions that exist today. Now, according to Mr. Husnick those conditions are altered and so the promises and assurances made in the Environmental Assessment Worksheet, the Environmental Impact Statement, the Indirect John Gockel December 3, 1984 Page 8 Source Permit and the Drainage Report have not been kept. Based on our review of the calculations and reports made by the Racetrack' s Engineer and based on City, the inspections made by the facilities constructed in the south part of the site have been found to be significantly different than the approved Plans. Now that it is clear that those plans do not meet the criteria established by the City, the original approval of those plans is hereby revoked and shall be revoked until revi- sions are submitted and approved by the City Engineer. Any work related to site grading or the drainage system will not be approved until the site grading plan is modified in accor- dance with approved revisions. Should you have any questions regarding this matter, please contact me. Si rely, urrier City E gineer HRS:cah SITEDRN cc: John K. Anderson, City Adm. LeRoy Houser, Bldg. Ofc. 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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. ) 51 Approval of Minutes of December 4, 1984 6] Communications : a] Al Furrie re : dirt pile behind Pizza Hut b] Al Du Bois re : sewer problem (being handled according to City' s standard procedures through the insurance company) c] John Lane re : appointment to Planning Commission d] Minnegasco re : closing of Shakopee office e] Senior Citizens of Shakopee re: recent Christmas Party 71 Public Hearings: None 81 Boards and Commissions : Planning Commission: a] Preliminary Plat of Hauer' s 3rd Addition 91 Reports from Staff: a] Creation of the Position of Code Enforcement Officer b] Small Cities Development Grant - Alternatives for 1985 Application c] Fire Hall Remodeling d] Application for Off Sale Intoxicating Liquor License by Valley Liquor Inc . , John Bernstein, Pres . , Mn. Valley Mall - tbld 11/20 e] 8 :00 P.M. - 1985 Taxicab Licenses f] 8 :05 P.M. - 1985 Pool Table Licenses *g] Right-of-Way Easement from State of Minnesota *h] Lease With O 'Dowd Lakes Chain Association i] Approve Bills in Amount of $1 , 376 , 999 .31 j ] Renewal of LOGIN Database Subscription *k] Valleyfair Flood Plain Zoning Problems *11 Permit to Exceed Load Limits on Fourth Avenue *m] JEJ Drainage 'Improvement Change Order No. 3 n] 5th Avenue Sanitary Sewer Reconstruction Project - Change Order 3 o] Apportionment of On Sale Liquor Licenses p] Renewal of Minnegasco Gas Franchise q] 1985 Wages and Benefits for Non-Union Employees - Res. 2355 r] CR83 Improvements Project 84-9 - Change Order No. 1 , $6, 128. 10 increase memo coming s] Valley Park Drive/12th Ave. Public Improvement 84-5 , Change Order No. 3, $6, 535 . 95 increase - memo coming 101 Resolutions and Ordinances : a] Res. No. 2356 - Awarding Sale of $120, 000 GO Impr. Bond 1985-A b] Res. No. 2357 - Awarding Sale of $135 , 000 GO Sewer Revenue Bonds 1985-A - bid tabulations on table CI Res. No. 2358 - Approving Supplemental Indenture and Amended Loan Agreement for Racetrack Bonds, Series B $44, 000, 000 ,d"] Res. No. 2354 - 1985 Fee Resolution *e] Res. No. 2351 - Designating Additional Official Depositories *f] Res. No. 2349 - Apportionment of Assessments Against Century Plaza Square 2nd Addition *g] Res . No. 2353 - Designating Director and Alternate to Suburban Rate Authority 11] Other Business : a] b] 121 Adjourn. John K. Anderson, City Administrator - MERRY CHRISTMAS & HAPPY NEW YEAR - OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 4, 1984 Mayor Reinke called the meeting to order at 7:05 p.m. with Cncl. Wampach, Lebens, Leroux, Vierling and Colligan present. Also present were Judith S. Cox, City Clerk and Julius A. Coller, II, City Attorney. Lebens/Vierling moved to recess for an HRA meeting. Motion carried unani- mously. Colligan/Leroux moved to re-convene at 7:10 p.m. Motion carried unanimously. Liaison reports were given by Councilpersons. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda, and there was no response. Cncl. Lebens commented on the minutes of November 20, 1984, wherein a motion was made giving preliminary approval to the request by Housing Alliance for tax increment assistance in the form of a land write down. She stated that such preliminary approval cannot be given until after a public hearing is held, and therefore she requested the motion be rescinded. Discussion followed regarding the intent of the motion, which was to indicate Council willingness to consider tax increment financing and to continue negotiations on the feasibility of the project. Leroux/Vierling moved to reconsider the motion made on November 20, 1984 as follows "Vierling/Colligan moved to give preliminary approval to the Housing Alliance request for tax increment assistance in the form of a $125,000 land write down per 20 unit structure." Motion carried with Cncl. Wampach ab- staining. Vierling/Colligan moved to amend the motion to consider further negotiations with the Housing Alliance for tax increment financing. Motion carried with Cncl. Lebens opposed and Cncl. Wampach abstaining. Leroux/Colligan moved to approve the minutes of November 20, 1984 as kept. Motion carried with Mayor Reinke abstaining because of his absence at that meeting. The City Engineer asked for additional time to respond to the request by Valleyfair for City support_ in resolving issues related to flood plain regulations and their dike which prohibits the issuance of building permits. He further explained the problem they are having with changing regulations. Lebens/Leroux moved to receive and place on file the letter from Valleyfair, dated November 26, 1984 regarding their request for City support for dike permits, and to direct the City Engineer to respond at the December 18, 1984 meeting. Motion carried unanimously. Discussion followed regarding the possibility of Chamber of Commerce interest in the printing of city government booklet "Shakopee -- A Guide to Your Community", sponsored by the League of Women Voters of Shakopee. Ms. Rislund indicated that in the past the Chamber has not been interested as they feel they are more geared to business and commercial interests. Leroux/Vierling moved that the City participate in the reprinting of the booklet "Shakopee -- A Guide to Your Community", after researching Chamber of Commerce interest, up to 50% of the cost of the reprinting. Roll Call: Ayes; Unanimous Noes; None Motion carried. Barry Stock, Admin. Intern, gave an informational update on meetings being held with United officials, which are taking over the management of the cable company. He mentioned some of the concessions United has informally requested, and the Cable Commission's response to them. He stated he is favorably impressed with United's sincere intent to bring the cable system up to a satisfactory level of service. Shakopee City Council December 4, 1984 Page 2 Cncl. Leroux commented that he has a problem with the people of Shakopee paying for the company's poor management in the form of unsatisfactory service and concessions made, especially when the company had almost no marketing program. Cncl. Wampach stated this company was awarded the fran- chise because of claims it made and it is not fair for them to change the level of service now. Discussion continued. Mr. Vince Thomae of United, introduced John Suranyi who will be the new manager beginning January 2, 1984. He said it is United Cable Television's opinion that this cable system is not up to the performance level expected, which is why they are attempting to turn it around. They are looking for assistance from the City to make this system viable, and other alternatives can be discussed. Their intent is to turn the system around to satisfy customers and give good performance, and then a marketing effort will be undertaken. He added that Shakopee and Chaska have both been given the same information, but the systems are considered separately and independently. Vierling/Lebens moved to inform Zylstra-United that the City of Shakopee is not supportive of a reduction in the franchise fee or losing their cable access studio at this time. The City may be favorable to combining Shakopee's cable businsss office with Chaska's, if the company can devise a plan that is suitable to the City. Finally, the City may be willing to consider a rate increase prior to the scheduled date of relief if the company can specifi- cally state what the new rates will be and when they expect to make the new rates effective. The City would not be in favor of any rate increase until subscriber complaints are decreased dramatically. A formal request for a change in policy should be submitted to the City as an amendment to the Franchise Ordinance, with detailed supporting information, before the City agrees to act on the proposed changes. Motion carried unanimously. Colligan/Wampach offered Resolution No. 2346, A Resolution Providing for the Issuance and Sale of a Revenue Bond Pursuant to Chapter 474, Minnesota Statutes, to Provide Funds to be Loaned to Shakopee '84 Partnership Commer- cial Development Project, and moved its adoption. The City Clerk summarized the resolution. She added that all documents have been reviewed by the Ass't City Attorney and are in order. Roll Call: Ayes; Reinke, Wampach,Leroux, Colligan, Vierling Noes; Lebens Motion carried. Colligan/Wampach moved to open the public hearing regarding the Single Family Mortgage Revenue Bond Program. Motion carried unanimously. Mayor Reinke asked if there were any comments from the audience. Clete Link asked if it was necessary for the developers to commit themselves at this time for the program. Laura Chisholm, of Miller & Schroeder, explained that the program this year is different than last year, in that the money is not allocated based on the city's contribution. Therefore, there doesn't need to be a commitment by developers at this time. Leroux/Vierling moved to close the public hearing. Motion carried unanimously. Wampach/Lebens offered Resolution No. 2348, A Resolution Adopting the 1985 Single Family Revenue Bond Program for the City pursuant to Minnesota Statutes, Chapter 462 C, and moved its adoption. Motion carried unanimously. Leroux/Wampach moved to accept the apparent low bid of Case Power and Equip- ment of Shakopee for a front end loader for the total amount of $65,303, including the reversible polyurethane plow, and bolt-on cutting edge, and authorize Public Works Dept. to purchase a used V-plow for this machine with cost not to exceed $4,000.00 Roll Call: Ayes; Unanimous Noes; None Motion carried. Mayor Reinke questioned the Plowing Assistance Agreement with S. M. Hentges & Sons because he didn't think it was clear whether or not over-time would be paid for the services. Leroux/Vierling moved to table consideration of the Plowing Assistance Agree- ment to later in the meeting, and direct staff to contact the Public Works Director to clarify the agreement. Motion carried unanimously. Shakopee City Council December 4, 1984 Page 3 Vierling/Wampach moved to authorize the purchase of additional computer equipment. The items to be purchased under the Engineering Dept. 's Capital Equipment budget for the current year for a cost of $5,450.00, plus $178.00 from Revenue Sharing, for a total cost of $5,628.00, and for Finance for a cost of $3,063.00. Roll Call: Ayes; Colligan, Lebens, Vierling, Wampach, Reinke Noes; None Abstain: Leroux, because of potential conflict of interest Colligan/Vierling moved to appoint Dick Stoks and Terry Forbord to the Down- town Committee. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Lebens moved to remove from the table the appointment to Planning Commission. Motion carried unanimously. Councilpersons voted for the appointment to Planning Commission, with the votes tabulated by the City Clerk. First Ballot; Lane: Colligan, Lebens, Vierling Mensing: Leroux, Wampach Pomerenke: Reinke Realander: Weeks: Second Ballot; Lane: Lebens, Reinke, Colligan, Vierling Mensing: Leroux, Wampach Leroux/Colligan moved that the ballots be destroyed and a unanimous ballot be cast for John M. Lane for Planning Commissioner to fill the unexpired term vacated by Joe Perusich until January 31, 1987. Motion carried unanimously. Colligan/Vierling moved to authorize staff to execute a farm lease with Larry Theis for approximately 7.5 acres of City property east of Lion's Park for the sum of $1.00 for 1985 in recognition of errors on previous leases. Roll Call: Ayes; Unanimous Noes; None Motion carried. The Finance Director discussed the Sewer Fund cash balance and 1985 rate adjustment, and asked the questions of whether or not Council would like to bond for the 6th Avenue sewer project and what, if any, rate increase should be implemented for 1985. The City Engineer explained in more detail the 6th Avenue project. The ramifications of bonding and effect of 3% rather than 6% rate increase were discussed, as well as rate protection for seniors with a fixed income. The City Admr. arrived at 9:00 p.m. Leroux/Lebens moved to direct staff to take the appropriate steps to imple- ment the decision that bonding will be used to finance 6th Avenue sewer re- placement, that the master schedule for 1985 include a 6% increase in the sewer connection charge and flow charge and that a method for freezing the charges to senior citizens and/or other fixed income people be implemented, and the large flow charge be retained. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Leroux moved to renew the Workmen's Compensation Policy with the League of Minnesota Cities' Insurance Trust for a deposit premium of $43,677. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Colligan moved that the bills in the amount of $1,134,259.19 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. The Finance Director stated the 1984 Improvement Bond Sale Recommendations by Springsted is informational, and anyone with questions should contact him. The City Engineer gave some further background information regarding the hiring of consulting engineer services. Leroux/Vierling moved that a committee of two, Cncl. Colligan and Mayor Reinke, be formed for the purpose of selecting a consulting engineer. Motion carried unanimously. Shakopee City Council December 4, 1984 Page 4 Colligan/Lebens moved to direct the City Engineer to include a review of the west-side flow allocation in the West-Side Sanitary Sewer Study. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Attorney informed the Council that he is having trouble getting the description straight for the property the City is to purchase from Watson Construction. Discussion followed about how that tied in with the payment for the flow allocation and the previous money paid to Watson. Leroux/Lebens moved to reconsider the payment of the bills earlier this evening. Motion carried unanimously. Leroux/Wampach moved that the payment to Frederick Watson in the amount of $685,623.29 be withheld from the payment of the bills until such time as the title transfer is in order. Leroux/Wampach moved to amend the motion to include the payment to People's Savings and Loan and Frederick Watson in the amount of $172,400.00 and the payment to City of Shakopee in the amount of $32,976.71 also be withheld from the payment of the bills. Motion to amend carried unanimously. Roll Call on main motion as amended: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to authorize proper City officials to execute the agree- ment transfering Flow Allocationto the City of Shakopee from Watson Con- struction, in the amount of 98,211 gallons per day, upon the transfer of the land. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. said he is in receipt of the first organized union demands for 1985, from Public Works, but not from the Police Dept. , and he will be set- ting up a meeting shortly. He will proceed with a general meeting with the non-union employees and report back on December 18, 1984. Leroux/Lebens moved that because the first Tuesday of January is a holiday, the City Council meeting is changed to January 8, 1984, the second Tuesday. Motion carried unanimously. The City Clerk reported that the Public Works Director clarified that the hours paid to S.M. Hentges for snow plowing assistance are strictly straight time, no matter how many hours are plowed. Leroux/Lebens moved to remove from the table consideration of the Plowing Assistance Agreement. Motion carried unanimously. Leroux/Wampach moved to direct City officials to enter into an agreement with S.M. Hentges and Sons (Tri-S) for contractual assistance under emergency conditions, as directed by City officials, and that on the schedule of charges a statement be included to the effect that the City will pay only straight time charges, and no overtime. Roll Call: Ayes; Unanimous Noes: None Motion carried. The City Attorney stated he is in receipt of a check for $2500 which repre- sents a settlement on the Quality Waste Control suit, and read Resolution No. 2347 accepting this as the settlement. Leroux/Wampach offered Resolution No. 2347, A Resolution Settling a Suit with Quality Waste Control for Damages to Eaglewood Drive, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Leroux moved to adjourn to December 11, 1984 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 9:55 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary November 28, 1984 Z John K. Anderson City Administrator 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: We have received your letter dated November 21, 1984 concerning the dirt pile behind Pizza Hut. While Mr. Wolner stated he has been trying for three years to have it removed, he has never contacted us. We originally allowed the dirt to be piled there when Marschall Road was constructed. This was done with the understanding that it would remain until we needed it to fill the property on the west side of Marschall Road upon development. While the development of the west side of Marschall Road is very possible for 1985, it cannot be guaranteed nor is there a real need for fill elsewhere in the winter months. Considering this, we are asking to leave it until June 1, 1985 at which time we will remove it or level it in the existing area. Sincerely, A. L. Furrie ALF/bm cc: Mr. Gerald Wolner Albert Du So i s 1982 Davis Court Shakopee , Minn . 55579 28 November , 1984 City Council City of Shakopee ^-.-- 129 1st Ave . East f ` Shakopee , Minnesota 55379 Honorable Council Members I am writing you about a sewer problem that I have had since building my home at 1982 Davis Court in the summer of 1981 . From the day we moved in , we have experienced problems flushing the toilet in the lower level of our home . We changed out several different fixtures and accessories to it . In the Spring of 1982 (around Easter) the sewer backed up into the basement . I contacted Your street department , asked them to check if there was a problem out there , since I had a new system. They assured me there was nothing wrong. I had I . J. Sewer come in and he opened the system with a high power hose attachment . At this time it was felt that perhaps the frost going out had caused a bow in the sewer pipe . Again in the Spring of 1983, the sewer backed up in the lower level . This time on two occassions within a week . Both times I was able to unplug it . I again checked with the city to have them be certain the sewer was OK. I made arrangements to have Al Rybak come in to dig up the system and replace it in my Yard. Prior to him getting to me in October of this Year , the system again blocked up . In early November , Al Rybak carne in and replaced my entire system out to the street . This involved digging up the yard, and cutting across my black topped driveway. At this time the system was replaced with an all cast iron system to eliminate the chances of the system bowing, and there was four inches of insulation placed on top of the pipes to eliminate any frost problems. Within two weeks, the sewer backed up again . I called Al Rybak , I .J. Sewer , LeRoy Houser , and Jim Karkenan . I .J. Sewer unplugged the sewer , he and Al Rybak felt the problem was in the street , Mr . Karkenan said they checked the sewer , and it was OK. On Tuesday the 27th of November , 1984, Al Rybak dug up the portion of the sewer that layed between my new sewer and the main sewer , which was supplied by the city to me at time of hook up to the system in 1981 . Upon uncovering the line , we found that the last 10 foot section into the main was going uphill . and where the connection to the main was placed, they had put a "Y" joint but that the "Y" was in backwards so that my system flowed against the city sewer flow, and also the city flow was backing into my system. I have a drawing attached. The end result being, that for over three years, I have been fighting this problem at a great cost to myself , and come to find out it is a city problem. Attached to this letter is a list of items that I have done , and items yet to be corrected because of all this sewer work . Because this all was caused by the sewer system being installed wrong, I am requesting that the city assume responsibiility for these items. Sincerely, V/ ' � Al Du Bois cc :File l i ti ti FE r LI 0 <h r ;C) J f� L 1 0 7p r. V M DESCRIPT? ON OF ITEM COST A. Dig up & replace 70 feet of sewer line on property 1982 Davis Court and insulate line $1 ,650 .00 Rybak Sewer Service S. Dig up and replace sewer line in street $1 , 316. 00 Rybak Sewer Service C. Two service calls I . J . Sewer Service $71 .50 D. Repair blacktop driveway $300 .00 estimate E. Landscaping, replacing 5 bushes, and decorator rock this is replacement cost only, labor by owner $165.00 F. Two carpet cleanings in finished basement $79.00 G. Black Dirt for Lawn $75.00 TOTAL COMPENSATION $3.656.50 THIS DOES NOT INCLUDE: I . Two days lost work 2. Listing of items ruined from sewage backup 3. Interest that will accumulate on my billings if over 30 days old. c.� STATEMENT RYBAK Digging & Trenching Service .SEWER & WATER CONTRACTING 936 East 2nd Avenue • Phone 445-2391 Shakopee,Minnesota 55379 19112 7 20 t - . ' t JT t ' ✓ O .................%7-11 .....,.... rt........... 3 ........... ............ ...........- -- STATEMENT RYBAK Digging &- Trenching Service ,SEWER & WATER CONTRACTING 936 East 2nd Avenue • Phone 445-2391 Shakopee, Minnesota 55379 Date 19 .......................... .............. . ............ .ti ............. llllo� ............ 4 ............... ----------------- ............. .......... .......... .............................. ................................... ..................... .. ... ................ ................... ............ ............ .... ...---------- ..................................... .............. ...................... f? 74,ok p lC C;7/Y Ca�cnc �064 74, /yOu r- l/D74E 6� a`Z.O�O ivt! ��''i� r'►'1� �O Se r'✓E �O c! �i�^o cc 9Li 7L��° / �a ri v!i✓1 q GO v+�rrl;Ss i�1��Nd �� ��I^�O✓ I►�1 7LO TKE � esf o � r►� a�r` l�� ��e s �'h �� �s a�vi SOr y G cZ GI y• -/-v iia.? � / 5 con7�%h ue CXPOIP era�1 0&7 n dPa^Sor� �or ah � asS/Sto2✓14r-e- durirt� Th !S PrOCPSs. �Jo u %'' ere �� Minne�gasco . Y November 29, 1984 Nov 3 0 1994 The Honorable Eldon Reinke Mayor of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Dear Mayor Reinke: In advance of letters that we will be sending to our customers in the Shakopee area, we want to first share with you our decision to close the Minnegasco office in Shakopee on or about December 31, 1984. As you know, Minnegasco announced in May that it would not be imple- menting a general rate increase in Minnesota during 1984 - the second year in a row that we have been successful in stabilizing the price of natural gas to our customers. In addition, we announced in September that our customers will see no price increases at least through the heavy winter heating months of 1984-85. To help maintain those rates, we have implemented expense management measures throughout our service area without jeopardizing service to our customers. One of these measures will be the closing of our Shakopee office. Customer accounts are being transferred to our Minneapolis office. For their bill-paying convenience, customers will continue to receive self- addressed return envelopes with their monthly bills. Minnegasco's central dispatching system for emergency and service operations ensures that our Shakopee customers will continue to receive the same high level of service from Minnegasco. If you have any questions regarding the office closing, please don't hesitate to call me. Sincerely, Rog Henningsg / rd Superintendent South Suburban Operations /pa A Company of Diversified Energies, Inc. 201 South Seventh Street, Minneapolis, Minnesota 55402 Minnegasco rc 10 194 December 3, 1984 CITY OF Dear Minnegasco Customer: As you know, Minnegasco announced in May that it would not implement a general rate increase in Minnesota during 1984 - the second year in a row that we have been successful in stabilizing natural gas prices for our customers. In addition, we announced in September that our cus- tomers will see no price increases at least through the heavy winter heating months of 1984-85. Those decisions are the result of expense management measures which Minnegasco has implemented and is continuing to implement, throughout its service area. One of those measures will be the closing of the Minnegasco office in Shakopee on or about December 31 , 1984. Customer accounts currently being handled out of Shakopee will be transferred to our Minneapolis office at: 201 South Seventh Street, Minneapolis, MN 55402. For your bill-paying convenience, you may continue to use the self-addressed return envelope that comes with your monthly bill . Listed below are phone numbers to help you when you need assistance. Billing or Account Information 372-4727 Moving (change of address) 372-4720 Meter Reading Information 445-8290 Customer Meter Readings 340-0556 Past Due Bills (credit assistance) 372-4680 We value your patronage and appreciate your assistance as we make the above changes. Sincerely, �--� Rog 9Hennin s9 acrd' Su erintendent South Suburban Operations /pa A Company of Diversified Energies, Inc. r r 7 200 LEVEE ORIVE n 1'' ( ' , CERTIFICATE OF APPRECIATION TOSk44 Atli 3+e�F. tI ctIq / ; ' WHEREAS the above nominated firms and persons , having their-,love , respect and their dedication, to the Community of ,3! Shakopee, and + \ WHEREAS, they have-J- 6-ined _their. efforts to the care and, -su ort of the Senior Citizens L= � of their Community, and WHEREAS , the -hours of"planning and execution of 1 the skillful and resounding success of the 1984 Christmas Partyat all levels /")Hr 1 ; of effort and dedication have left a memorable joyfull impression upon us " a•::� all . ffk, NOW, THEREFORE, be it resolved and proclaimed on behalf of the Senior Citizens of Shakopee, that we do extend to the ZI nominated contributors to the 1984 ,E !a ! Christmas Party-, the deepest and most heartfelt thanks and through our + �\ r prayers may God bless each and every- k one. OR 4 -da of TI QG, 1984. >d9•as Proclaimed this 1a Y L2L NQ 4 rci44-6�_ Qt4-� Sig : attached 01 �. �.; moi..-vl 1 � EE. ��t •;. - .. +7.ai \�. Beattie, Helen Luchtel , Ida Bishop, Wiley Marschall , Hildi Bongard, Willard McDonald, Cecil Bongard, Gertrude McDonald, Dorothy Bjornberg, Inga McGowen, Josie Carpenter, Ann McGrail , Tille Case, Harold Melchior, Fran Case, Irene Menden, Alois Conrad, Anita Menden, Bertha Cote, Hazel Mohrbacher, Leona Czaia, Mary Meyer, Helen Doyle, Loretta Olson, Lucille Dueffert, Alice Pass, Florence Dueffert, Walter Plekkenpol , Viola Ecklund, Hazel Rehder, Edger Foslid, Gladys Rehder, Lola Fuller, Verna Rose, Lorna Geis, Alfred Roy, Ernest Geis, Clara Roy, Vi Griffith, Esther Rybak, Pauline Haas, Margaret Rydholm, Blanche Hanson, Elva Scannell , Francis Heicher, Madge Schmit, Louis Hein, Myrtle Schmit, Jane Heinzman, Ida Schroeder, Dorothy Hoover, Eldred Schultz, Donald Huth, Frances Schultz, Elizabeth Jasper, Dorothy Sebald, Helen Johnson, Esther Shand, Evelyn Kaufhold, Louise Smith, Freida Kocks, Marie Strehlow, Augusta Koenig, Theresa Theis, Doris Leisdon, Herman Thelemann, Vernon Leisdon, Myrtle Thelemann, Edna Lewis, Eileen Thomas, Al Thomas, Cecelia Trost, Irene Von Bank, Alfred Von Bank, Hilda Von Band, Catherine Wacker, Barbara Williams, Lucille Rarich, Mary Felix, Florence Noll , Marie Houser, Frank Jeurissen, Vi MEMO TO: John K. Anderson FROM: Judi Simac, city Planner RE: Preliminary Plat of Hauer ' s 3rd Addition DATE: December 12, 1984 Introduction: At the December 6 , 1984 meeting, the Shakopee Planning Commission approved a motion to recommend to the City Council that the revised Preliminary Plat of Hauer ' s 3rd Addition be approved with the recommended conditions and amendments to the conditions . Background: The Planning Commission had previously reviewed the plat at their October 4 , 1984 meeting and had continued the public hearing until the issues regarding 13th Avenue were resolved. (See attached memo dated November 29 , 1984 which contains a summary of the responses from the Assistant City Attorney) . Staff Recommendation: Staff recommends approval of the revised preliminary plat subject to the recommended conditions number 1 through 11 with the following additions : 2H. Curb cuts onto 13th Avenue shall not be permitted except to rpovide access to lots 2 and 3 , Block 5 . 12. (Revised) Outlot A and Outiot B shall be dedicated as Onyx Drive right-of-way. Action Requested: Motion to approve the Preliminary Plat of Hauer ' s 3rd Addition subject to the recommended conditions . Attachment JS :tw MEMO TO: Shakopee Planning Commission FROM: Judi Simac , City Planner RE : Preliminary Plat Hauer ' s 3rd Addn. DATE : November 29, 1984 Introduction: The public hearing for the preliminary plat of Hauer ' s 3rd Addition was continued to December 6 , 1984 in order for the City to obtain a legal opinion from the Asst City Attorney regarding several key issues related to the plat . ( See attached legal opinion ) . Please refer to case report dated September 28 , 1984 . Background: The following is a response to the issues raised by the Planning Commission and Staff. 1 . The Hauer property south of the proposed 13th Avenue is in the Green Acres classification. The City may levy special assessments against the property , ( in this case for the construction of the extra depth sewer which will be included in this plat , but primarily serve the property south of the plat in the future ) then collect the assessments at the conclusion of the deferral period. 2. In order for 13th Avenue to be constructed , the City will have to condemn a portion of St. Mark ' s Cemetary property. If the cemetary had been platted in accordance with Mn. Statute 307 . 01 , then the City could not condemn property for the road nor place an assessment against the property. However, records indicate that St . Mark ' s Cemetary has never been Platted and there are no graves in the acquisition area . The City Engineer has been working on a R-O-W agreement with the St . Mark ' s Board for over one year . Further , the cemetary board may choose to subdivide their property into residential lots in the future. F 3 . It has been determined that the City may require the dedication and construction of public facilities , such as roads , sewers , waterlines etc . when they are reasonably necessary for the property being platted . Therefore , the City intends to require that the residential portion of 13th Avenue be dedicated and constructed . Because 13th Avenue will be a collector street and should be constructed as such , the additonal land required shall be paid for by the City as well as the cost of the oversize construction. This is how the City recently handled 13th Avenue in the South Parkview 1st Addn . 4 . The City may acquire through R-O-W process the portion of the Stepanek property which lies in L26 B3 and then sell it back to the devleoper if Mr. Stepanek is in agreement with that arrangement . Or Mr . Stepanek may sell it to the developer at this time. L26 B3 should be designated undevelopable until an agreement is recorded which determines what action will be taken. Staff Recommendation: Staff recommends approval of the preliminary plat subject to the following conditions : 1 . Approval of a Title Opinion by the City Attorney. 2 . Execution of a Developer' s Agreement for the construction of the required improvements: A. A sidewalk to be constructed along the north side of 13th Avenue in accordance with the Design Criteria and Standard Specifications of the City of Shakopee . B. Street lighting to be installed in accordance with the requirements of the SPUC Utilities Manager. C. Water System to be installed in accordance with the requirements of the SPUC Utilities Manager. D. Sanitary sewer and storm water system to be installed in accordance with the requirements of the City Design Criteria and Standard Specifications. E. Streets and street signs shall be constructed in accordance with the requirements of the City Design Criteria and Standard Specifications. F. The Developer shall agree to the City Engineer' s method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. 0. In lieu of land dedication , a cash payment should be made to the park fund at the time building permits are issued. 3 . A portion of Limestone Drive shall be renamed to Berg Drive . 4 . The Developer must provide all street signs. 5 . The City Engineer must receive and approve final plans and specifications for all public facilities , including but not limited to, roads sanitary sewer system, storm sewer , drainage , grading , etc . 6 . The Developer shall submit to the County Engineer construction plans for access to CSAR 16 and obtain the necessary permits . 7 . The Developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. 8 . Construction plans approved and filed with the City Engineer prior to recording the plat. 9 . The Developer shall be responsible for the construction of 13th Avenue . Funding for the oversizing of 13th Avenue and condemnation of property for the R-O-W which is not controlled by the developer will be provided by the City of Shakopee. 10 . A separate recordable agreement shall be provided for the construction of the extra depth and oversize of the sewer line in Limestone Drive pursuant to the provisions of M. S .A. 429 with the cost of oversizing to be assumed by the City of Shakopee . 11. The Developer shall provide a recordable agreement between himself and property owner Steven Stepanek in which Mr . Stepanek agrees to sell the necessary portion of L26 B3 to the developer . L26 , B3 shall be deemed undevelopable until said portion is acquired by the developer. 12. The Developer shall deed a portion of L1 B5 to Robert Eager in order to provide the necessary access to the Eager property . 13 . The Developer shall submit a revised preliminary plat drawing which shows 1) correct street names , 2) sanitary sewer service to lots 2 and 3 , Block 5 , 3 ) the reconfig- uration of L1 B5 which shows a structure on the lot and proper access to the Eager property. Action Requested : Motion to recommend approval of the Preliminary Plat of Hauer' s 3rd Addition with conditons , to the City Council . JS : tw Law Offices of cl KRASS, MEYER & WALSTEN chartered Suite 300 Marschall Road Business Center 327 Soutn Marschall Road Phillip R. Kress Barry K. Meyer Pararepals P.O. Box 216 Trevor R. Wais ten barber.J.Hetlatrbm Shakopee, Minnesota 55379 Debra Elizabeth B. McLaughlin j,iene R.w&pner (612)445-5080 Rochelle M. Anderson Of Counsel MEMORANDUM Dennis L. Monroe TO: JUDI SIMAC, SHAKOPEE CITY PLANNER, AND SHAKOPEE PLANA7ING COMMISSION FROM: PHILLIP R. KRASS, ASSISTANT CITY ATTORNEY RE: PLATTING OF HAUER ADDITION DATE: NOVEMBER 28, 1984' In regard to your legal questions about the platting of this property, my office has made the following determinations: 1. May the City levy special assessments against "Green Acre" property, and later collect those assessments when said land characterized, even though this collection does is no longer so not occu_ redemption of bonds sold to finance the improvement? T prior to the Our examination of all the applicable legal resources indicates that th eventual collectability of these assessments is not at all related to the life of the bonds which provide financing for the improvement. Bonding and the levying of special assessments are entirely separate procedures. In fact, vha only significant connection between the bonding and assessment processes is the requirement of Minn. Stat. §475.61, which mandates the levying by resolution of a direct general ad valorem tax to the extent that, if collected in full, with the estimated collections of special assessments and other revenues, the tax will produce at least 3% in excess of the amount needed to pay the amounts that come due on the bonds. This requirement, however, does not in any way declare that the city will loose its right to collect the special assessments if the "Green Acre" deferral does not expire before the bonds are retired. The city may, therefore, levy special assessments against the Green Acre property, then collect those assessments at the conclusion of the deferral period, without any concern about the life of financing bonds. 2. May the City condemn portions of the cemetery, and levv assessments against that property? special Chapter 117 of the Minnesota Statutes provides cities with very wide powers of eminent domain, whereby the city may condemn any private land for a public purpose, unless a specific exemption applies to restrict the city's power to condemn certain property. This office's examination of the relevant legal sources indicates that there is no general statutory exemption that restricts a city's eminent domain power in regard to cemeteries. There is, however, a statutory exemption which is narrower in scope and which does have the effect of limiting the condemnation power. Ms. Judi Simac November 28, 1984 Page 2 Minn. Stat. §307.01 says, in the latter part of Subd. 1, that "no road or street shall be laid through the same (private cemetery) that the consent of the owners." While the annotations thereto indicate no case law analysis of this provision, this office reads that language to mean that a city cannot condemn cemetery property to build a road thereon. Additionally, Minn. Stat. §307.09 provides that private cemeteries are exempt from special assessments. The legistlature has decided that ­alllands, not exceeding 100 acres in extent, and in the case of cemeteries owned and managed by religious corporations or corporations solely owned and controlled by and in the interest of any religious denomination, 300 acres in extent, so laid out and dedicated as a private cemetery, shall be exempt from public taxes and assessments , so long as the same remains appropriated to the use of a cemetery." This means that assessments for local improvements, such as a sidewalk built in front of the property, may not be levied against a private cemetery. Oakland Cemetery Association vs. (1887)• Tne City of St. Paul, 36 Minn, 529 only requirement is that the cemetery be aeaicated as a private cemetery, pursuant to Minn. Stat. 307.01, 307.02, and such is the question of fact. Opinion of the Attorney General 408(c), March 3, 1958, see Diocese of St. Paul vs. City of St. Paul, 138 Minn. 67 (1917). Therefore, if the cemetery in question is properly dedicated, and the plat thereof has been filed with the County Recorder, there may be no assessment levied against it. May the Cemetery owners subdivide their property? property. A private cemetery, so created under Y�inn. Stat. §307.01, is platted In order for it to be subsequently redivided, therefore, so that a Portion thereof may be seperated off for residential lots or other purposes, the original plat must be vacated. According to Minn. Stat. owner of the cemetery may apply to District Court in the County0whe10 thethe cemetery is located to have the cemetery plat altered or vacated, either in vacated. whole or in part. This vacation process is to be done just as city plats are The owners of the cemetery could, then, conceivably seek to vacate a Portion of the cemetery plat, they assuming one is filed. It is conceivable that etc. could also then resubdivide this property, to create residential lots, The key question at this point is whether or not the cemetery in question was properly platted, pursuant to Minn. Stat. §307.01. If it was, we cannot levy special assessments against it nor can we build a road upon it. If it was not, however, this office finds no legal restrictions city's power to file special assessments or to build upon the cemetery property. such a road on the 4. May the City Require the Thirteenth Dedication and Construction of Avenue as � residential street within the plat? Ms. Judi Simac November 28, 1984 Page 3 / Please refer to my November 11, 1983 Memo relating generally to the authority of cities to require dedication and construction of public facilities at the time of platting. As I informed you then, cities may require the dedication and construction of public facilities reasonably necessary for the property being platted. It is my understanding that a significant portion of this plat cannot be built without the construction of Thirteenth Avenue. Consequently, it would be my opinion that it would be a reasonable requirement as part of the platting that the residential portion of Thirteenth Avenue be dedicated and constructed. If it is the city's intent that Thirteenth Avenue be a collector street and constructed as such, the additional land required must be paid for by the city, and the city must absorb the cost of that portion of the construction in excess of residential construction. Please feel free to contact me if you have any additional questions, or if I can otherwise be of any additional help on this project. 7c�,) MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Creation of the Position of Code Enforcement Officer DATE: December 12 , 1984 Introduction: As a result of many discussions held among the Building, Police and Community Development Departments , all of which are involved with the enforcement of City Codes ; and as per your direction, I have researched the possibility of creating a position of Code Enforcement Officer. Background: Currently each department is responsible for responding to complaints and violations of the codes which pertain to their area of administration. (Ex. zoning and subdivision, chapter 11 & 12 , building codes, chapter 4, public protection, chapter 8 , 9, & 10 ) . However, in the past year there has been an increase in the number of complaints and violations and an overlap among the departments as to what violation falls under what code. Further, because of the increase in violations and the increase of staff work loads , a void is being created which causes inadequate code enforcement. Mr. Coller has advised me that the City may have an employee, other than police officers , issue citations for code violations . He prefers that they are full time and designated with the title of "code enforcement officer" . This position would provide for consistent representation in court, and reduce the cost of having police officers attending hearings. The following employment programs are options for hiring a code enforcement officer: 1. Urban Corps - The Urban Corps primarily finds jobs or intern- ships for students . There are mostly disadvantages with this program because the participants are students looking for an opportunity to train in their chosen profession, are not ` looking for a long term commitment. They also attend class in the Twin Cities and do not have transportation to Shakopee. 2 . Meed Program - The Meed Program is limited to six months and is designed for the participants to find job experience in the private sector. The $4 . 00/hr salary is paid by the State of Minnesota and there is no direct cost to the City. However, it would probably turn out that as soon as someone was trained and knowledgable with the codes, the six months would have expired. Page two Code Enforcement Officer 3 . Senior Community Services Employment Program (SCSE) - This program is administered by the County and is totally subsidized by them. The restrictions include: a ) employee must be 55+ yrs . , b) can only work a max. of 25 hrs/wk. The City provides the supervision, but the payroll check comes from the County. The salary is $3 . 35/hr. , plus workmen ' s compensation and vacation and sick leave at the rate of . 04615 hours for each hour worked. (The City may add more to the hourly wage if they want ) . There is no specific time limitation and the City may advertise and hire the person whom they feel is most quali- fied and eligible. The extra incentive is most seniors will not want to earn over a certain amount, so as to not jeopardize losing social security and retirement benefits . Staff Recommendation: Staff recommends participation in the Senior Community Services Employment Program with the following criteria: a) The applicant can meet the SCSE requirements . b) The applicant is capable and qualified to understand and learn the codes . c) The applicant is willing to use his own vehicle and charge mileage if a City vehicle is unavailable. d) The Code Enforcement Officer will be an addition to the Police Department staff, for in fact he is enforcing all laws of the City. e) All departments will meet on a regular basis with the code enforcement officer to update information, etc. f) All contracts for the SCSE position will be administered by the Personnel Department. Action Requested: Motion to direct the Personnel Department to advertise for the Position of Code Enforcement Officer in accordance with the requirements of the SCSE program and direct appropriate city officials to enter into a work site agreement with Scott County for the Senior Community Services Employment Program. JS :tw C� To : John K . Anderson , City Administrator From: Jeanne Andre , Director of Community Development RE: Small Cities Development Grant Proposal Date : December 14, 1984 Introduction The staff have been developing ideas for activities that could be proposed under the Minnesota Small Cities Development Grant program administered by the Department of Energy and Economic Development . The grant application is due February 1 , 1985 , so it seems appropriate to get direction from the City Council as to whether a grant application should be submitted and which components it should include . Background The grant activities must address at least one of three federal criteria, which are : 1 ) Pricipally benefit low- and moderate-income persons , 2) eliminate slums and blight, and 3) alleviate urgent community development needs which threaten the health and welfare of local citizens . The thrust of the City in the past few years has been toward downtown redevelopment . While activities to improve the downtown are one possibility , the City must also make efforts to solicit citizen input on other possible activities . To that end , two public meetings have been scheduled for January 2 , 1985 , at 2 p .m. and 7 p .m. The City Council does not need to attend these meetings , but may wish to do so in order to hear public comments . Prior to hearing what ideas are presented at the public meeting , the City Council may wish to consider possible activities for downtown redevelopment . The Downtown Committee ` has discussed possible activities and staff have researched other possibilites , evaluating what ideas have the most strength in terms of competition with other cities in the state ranking system. It appears that the strongest application for downtown would be built around the concept of eliminating slums and blight . Activities that could be undertaken include acquisition , relocation , demolition and rehabilitation (through a rehab loan program) . Two other ideas which are being explored are providing an econmic development loan and staff for economic development activites such as recruiting new business or undertaking downtown promotions . I will outline Possible activities under each of these categories . 1 . Acquisition, Relocation , and Demolition The main focus of this activity would be acquisition of right-of-way for the proposed junction improvements . The downtown report identifies the south halves of blocks 2 and 5 , original Shakopee plat as necessary acquisitions . One other parcel which could be a likely target is the currently vacant Jacks by the Track (the old Abeln ' s Bar) . Although the Housing Alliance has not indicated a need for this parcel , its location between two open parcels makes it a likely candidate for acquisition, and I understand that Mrs . Abeln would like to sell the building . Relocation , demolition and administration would also need to be built into the budget for all acquired parcels . 2 . Rehabilitation Loan Program. The Downtown Committee has discussed this possiblity and has suggested a multiple approach to assisting commercialand residential rehabilitation loans . The first element includes no interest loans of up to $10, 000 to be provided for improvement of up to $30, 000, when matched 2 : 1 by private funds for either commercial or residential improvements . At current 14% interest rates , this would provide an effective rate of about 9% on $30, 000 improvement . Projects that exceed $30, 000 could receive additional funds through the existing commercial rehab loan program, or through a separate rental rehab loan program to be funded through the block grant . 3) Economic Development Loans This activity was on the original list , but potential projects for development such as redevelopment of Block 4 or expansion of some existing business have not been packaged . ' One possibility which is still being explored is a loan for a non-profit organization to purchase real property in the downtown . 4)Economic Development Staff The Downtown report recommended the formation of a downtown council which would take on the tasks of recruiting complementary business to the downtown and promoting the downtown as a unit as is done by shopping malls . Whether this would be an eligible activity and how it would effect the overall application is being explored by staff at this time . If the City applies for a multi—year comprehensive grant it can request up to $1 .4 million. At this time the Downtown Committee has recommended about $450, 000 for the loan program, which would leave $950, 000 for acquisition , relocation and demolition. If activities as outlined in 3 and 4 above are undertaken , the above amounts would need to be reduced to accomodate the additional expenditures in these areas. Requested Action: 1 . Comment on the suggested components for the grant proposal , specifically, whether the suggested components are desired and with the dollar value suggested . Also , since the $950, 000 suggested for acquisition , relocation and demolition is not enough to acquire all of the identified parcels , Council may wish to indicate those parcels which would be most important to include. 2 . Dirct staff to prepare an application for consideration at a public hearing to be scheduled on January 8 , 1985 , at 8 :00 p .m. MEMO TO: Cit Council uncal FROM: LeRoy Houser, Building Official RE: Fire Hall Remodel DATE: December 10 , 1984 Introduction: As instructed, I secured sealed quotes on the fire station for the proposed remodeling project . Background: The bids tabulated as follows : Ralph Thomas - block work only $ 940 . 00 LeRoy Menke - complete except elect . & heating $ 7 ,325 . 00 Elmer Prahm - complete except elect . & heating $ 5 ,858 . 00 Charles Ries - complete except elect . & heating $ 8 ,128 .00 Lucas Electric $ 1 ,975 . 00 Redfield Electric $ 2 , 995 . 00 Ries Heating $ 811 .48 Conclusion: Combining Ralph Thomas ' bid, Prahm' s bid, Lucas Electric and Ries Heating will generate the lowest bid price for a total of $9 , 584 .48 . Recommendation: Award the bids to the following contractors : Lucas Electric $ 1 ,975 . 00 E Elmer Prahm 5 ,858 . 00 Ries Heating 811 .48 Ralph Thomas 940 . 00 Total : $ 9 , 584.48 Action Requested: Authorize staff to enter into a contract with the above mentioned contractors for the sum of $9 , 584.48 to remodel the fire hall meeting rooms . LH: cah C4 MEMO TO : John K. Anderson, City Administrator FRO udith S . Cox, City Clerk RE : Application for Off Sale Intoxicating Liquor License By Valley Liquor Inc . DATE: December 4 , 1984 Introduction & Background Application has been made and is in order by Valley Liquor Inc . for an off sale intoxicating liquor license at Minnesota Valley Mall . The Chief of Police is recommending that approval be conditioned upon exclusive financing with Richfield Bank and Trust , Richfield, Minnesota . Alternatives a . Approve . b. Deny. Recommended Action 1 ) Remove application from the table ; 2 ) approve the application and grant an off sale intoxicating liquor license to Valley Liquor Inc . , Minnesota Valley Mall , upon surrender of the existing license of Dennis P. Breusehoff and Thomas J . Cox, a partnership , no later_ -=han Jan. 4. 1985 ,conditioned upon exclusive financing with Richfield Bank and Trust, Richfield, Minnesota . JSC/jms 1s <? 0 Ce, MEMO TO : John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk L RE : 1985 Taxicab License DATE : December 14, 1984 Introduction The City has received one application for renewal of a taxicab license . Background The application and license fee from the Shakopee Cab Company, Inc . are in order. I have spoken with the Chief of Police and he has no objections to the renewal of this license . ,YO7 iN oR�e;e, Recommended Action Approve the application and grant a taxicab license for 1985 to Shakopee Cab Company, Inc ., 1921 West 115th Avenue , Shakopee , for two vehicles , upon compliance with the City Code , and approve the -`s Lo $ . 95 per stop and $4. 10 per mile . C.1 MEMO TO : John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk(`- � RE : 1985 Pool Table Licenses DATEDecember 13 , 1984 Introduction The City has received two applications for renewal of pool table licenses . Background The applications and license fees from the following businesses for pool table licenses are in order. There are no delinquent taxes . I have spoken with the Chief of Police and he has no objections to the renewal of any of the licenses . All applications are for the same number of tables as last year. Shakopee Bowl - 1 R. Hanover Inc . - 4 Recommended Action Approve the application and grant a pool table license for 1985 to : Shakopee Bowl , 222 E. 1st Avenue R. Hanover Inc . dba Richard ' s in Shakopee , 911 E. lst Ave . T0: John Anderson FRMI: Lou Van Hout RE: R. 0. W. easement from State of Minnesota DATE: November 26, 1984 During the design of the watermain project along St. P-ark's Road, our engineers discovered that part of that roadway was actually across property owned by the State of Minnesota. Because of this problem, the City Engineer requested that the State be asked for a right-of-way easement for watermain only. The enclosed document grants that right-of-way easement as well as a temporary construction easement needed for watermain construction. It is my assumption that either you or the City Council would be the proper ones to accept the right-of-way easement on behalf of the City. If you would return the form to me after it is processed through City Hall I will send it to the State along with the check for $100.00 which we have already prepared. Mr. Coller, City Attorney, has reviewed the easement agreement . Recommended Action: Authorize the proper city officials to execute an easement agreement with the State of Minnesota for a temporary and permanent easement in the area of Blocks 89 and 90, Shakopee City. EASEMENTS In accordance with Minnesota Statutes 1982, Section 16.88 and in consideration of and for 100 and no/100 dollars ($100.00) in hand paid, the receipt whereof is hereby acknowledged, the State of Minnesota (hereinafter "STATE") hereby grants to the City of Shakopee, Minnesota (hereinafter "EASEMENTS HOLDER"), a temporary easement for watermain construction purposes and a permanent easement for public right of way Purposes under and across portions of land located in Scott County, Minnesota and legally described as follows: TEMPORARY EASEMENT The northerly 10.00 feet of Lots 7, 8, 9 and 10, Block 89, Lots 6, 7, 8, 9 and 10, Block 90, all in Shakopee City, according to the recorded plat thereof. Also the adjoining Cass and Webster Streets. This temporary easement shall expire no later than 90 days after this easement is executed by the Commissioner of Finance or his designee. PERMANENT EASEMENT Lots 3, 7 and 8, Block 89, Shakopee City, according to the recorded plat thereof. Which lies easterly of a line 49.50 feet westerly of, measured at a right angle to and parallel with the east line of the Northwest Quarter of the Northwest Quarter of Section 12, Township 115 North, Range 23 West of the 5th Principal Meridian. The temporary easement will cross the described land as shown in blue on the sketch attached hereto and made part hereof. The permanent easement is shown in yellow on the same sketch. The easements shall be granted subject to the following conditions: I. These easements shall be revocable by written notice by the Commissioner of Administration if at any time their continuance will conflict with a public use of land over, under or upon which they are granted; or upon request of the Commissioner of the Department of Corrections; or for any other reason. Such notice shall be effective ninety (90) days after the mailing thereof addressed to the record holder of these easements at its last known address by certified mail. Upon revocation the Commissioner of Administration may allow a reasonable time to vacate the premises affected. 2• State lands subject to these easements shall remain subject to sale or lease; such sale or lease shall not serve to revoke these easements. 3. The EASEMENTS HOLDER shall comply with all laws, regulations and municipal ordinances affecting said lands or the area in which it is situated and keep and maintain it in a neat and orderly condition and remove all refuse and debris may accumulate thereon. that 4. The EASEMENTS HOLDER shall take all reasonable precautions to prevent any damage to the land subject to these easements and shall fully reimburse the STATE for any damages resulting from its use of said land, and shall hold the STATE harmless from all claims for injury or damage to the person or property of others arising out of the EASEMENTS HOLDER'S use of said land. 5. The Commissioner of Administration may order such changes or modifi- cations respecting construction or maintenance of structures, use or other conditions of this easement as she deems necessary to protect the public health and safety. 6. These easements shall not be assignable by the EASEMENTS HOLDER except upon written consent of the Commissioner of Administration. 7. The EASEMENTS HOLDER shall coordinate its utilization of these ease- ments with the construction schedule of the general contractor, Adolfso Peterson, Inc., constructing the new women's correctional facility in Shakopee. n and p IN TESTIMONY WHEREOF, the STATE has caused these presents to in the name of the State of Minnesota by its Commissioner of Ad executed ministratioion, and the -2- l City of Shakopee, Minnesota manifests its acceptance of these terms by the signature of its authorized representatives. EASEMENTS HOLDER By . Mayor IN THE PRESENCE OF: By : Admr. By . Clerk Notary Date : FOR THE STATE OF MINNESOTA RECOMMENDED FOR APPROVAL DEPARTMENT OF ADMINISTRATION DEPARTMENT OF CORRECTIONS Director of Real Estate Management Commissioner Date: APPROVED SANDRA J. HALE Commissioner of Administration GORDON M. DONHOWE Commissioner of Finance Date: Drafted and approved as to form and execution this day of 1984 HUBERT H. HUMPHREY, III Attorney General By: Special Assistant Attorney General -3-. STATE OF MINNESOTA : . ss. COUNTY OF RAMSEY : On this day of , 1984, before me personally appeared SANDRA J. HALE, the Commissioner of the Department of Administration, State of Minnesota, to me known to be the person who executed the foregoing instrument on behalf of the State of Minnesota, and acknowledged that she executed the same as the free act and deed of said State of Minnesota pursuant to Minnesota Statutes 1982, Section 16.88. NOTARY PUBLIC -4- MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Lease With O'Dowd Lakes Chain Association DATE : December 11 , 1984 Introduction The O'Dowd Lakes Chain Association is asking that their lease be renewed. Background For the past three years the City has provided the Association with a lease for the purpose of providing easement for electrical power and operation of aerators . The attached lease is identical to the expiring lease , which was for a two year period. Alternatives a . Approve . b. Deny. C . Amend lease . Recommended Action Authorize the proper City officials to enter into a two year lease with O'Dowd Lakes Chain Association for the purpose of providing easement for electrical power and operation of aerators . JSC/jms LAKES _ C +Wt) t L DEC 7 1984 �E : FIS CITY 0 - Ak 7- O'DOWD LAKES CHAIN ASSOCIATION, INC. - Shakopee, Minnesota 55379 December 5, 1984 Mayor Eldon Reinke City of Shakopee 129 East First Avenue Shakopee, Minnesota, 55,379 Dear Mayor Reinke: �a O'D°wd Lakes Chain Association herein requests renewal of the lease granted .a- two years ago for thePurpose ., r. of providing easment for electrical power and _ ` tom operation of aerators by this association No changes will be made to ours operations this year. The amount of our insurance coverage is $500,000.00_ liability coverage according to the regulations of the Department., of Natural Resources. Based upon our activities beneficial to the community and our responsible and careful use of the city parkland on Lake O'Dowd, we feel our request to be reasonable and proper. Please bring_ this matter to the attention of the City Council, City tof 4 Shakopee at your earliest convenience. Si cerely, Glen Goemer President, O'Dowd Lakes Chain Association n..-s.r.,'•- 5 a.:,� i,r a.....a- :f -'tt =-r a a as wre�c'.r � 'y,' ,c*t r ,,,... - -Lea+, t+� '.. .: '' :l y,y �,ressm��+: ' V3 _ .,z3s_.' `�''T�'�^ t k`.. J, h p '�a .�,..--� i"k - -�_ r-,r-""`i",2'�"� ��,� '-�' :m`� .K xp� ,,A� .r���"� -¢ `�"- k •+�r•yFz"i' +(f� F Y k 4 ^A k `y � - - - i; '°{ `� `?1"h s tc} d MILLER•DAVIS­.,MINNEAPOLIS SF-Cameral Pom A ni!6 �nbrnturr, made this.............................J..6 :.:.... ................................day of... ............. 19... fv I oration 1F .. i� )�cot, Vandbetucen... zlQ.... ....Shakc2. C'p . ................,.... . .......... Q.Q ............................................................................................................................................................................................................. nnesota I........ ...A,5..*.Q Q-i-at,19-u..................................................... party of the first part, Lessor......, and........ ....Q.'-.DQHdLax.0....I.,. .....................................................................party Of the 194600nd part, Lessee......, 91itneattb, That the said party of the first Part, in consideration of the,rents and covenants, h,ereinafter mentioned, do...... hereby Demise, Lease and Let unto the said party of the second part, and th,6 said party of the second part do...... hereby hire and take from the said party of the first part, the, follow- inff described promises, situated in the County of.......Scow,. .................................................................................... and State of .......... Minnesota........................................................................ viz: .................. -'r— So much of Lots M, N and 0 inclusive, Registered Land Survey No. 45, Scott County, I Minnesota. necessary to erect, maintain and service a pole or Doles for the purpose ii, O'Dowd's La' of supf thc 9s -�c plying electric energy to operate tnree aeraTZ1 South shore of the above described property together with all necessary wires and guides to extend from a point on County Road 79 to a point on the shore of O'Dowd's Lake acress said lands for a distance of approximately 200 feet together with the right of ingress and egress for the purpose of serving said lands. Z 8 unto the said Lessee......o babe anb tooth, The above rented premise )gam 4gp4Xfor and during the full term of.......... Y.(�.ans.............................................................................from and after the however to cancella ................2atb.....................................da of.......January......... ........................................................... .....bion,.:bY­e.ithfT ..PAIty..g iving.. PPrtY.39...days.notice...in.. wr.i ay..Pe......... rce with lto•.,keep•.the•••insurance in .............................. �n...4DY...�:Xfnt .......... Jnd the said Lessee...... agree...... to and with the,said Lessor...... to pay as rent for the above mentioned prem- ices the sum of..... a d...o her...gqq�..Ala�...Y413qpj)�Je... ------------DOLLXRS ......... ... . . ......r.............................. the City named as a beneficiary or in the event the City is required to pay any part of the operating costs for the aerators. for and during the full term of this Lease. fall .Ind it is further agreed by and between the Parties as follows: That should the said Leasee...... to make the above, mentioned payments as herein specified, or to pay the, rent aforesaid when due, or fall to f ulfill any of the covenants herein contained, then and in that case it shall be lawful for the said Lessor...... to re-enter and take possession of the above rented premises, and hold and enjoy the same without such re-entering working a forfeiture, of the rents to be paid and the,covenants to be performed by the said Lessee...... for the full term of this Lease. with the said Lessor...... not to assign this .Ind the said Lessee...... also covenant.-s-and agrees.... to and Lease, or underlet the above rented premises or any part thereof, with-out fast obtaining the written consent of the said Lessor......, and that......... ....will, at the,expiration of the time, as herein recited, quietly yield and surrender the aforesaid premises to the said Lessor......I .....................heirs and assigns, in as good condition and repair as when..................took them, reasonable wear and tear and damage by the elements alone excepted. .Ind the said Lessor...... do ......covenant that the said Lessee......, on paying the rent and performing the covenants aforesaid, shall and, may peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid. in Szotimanp 01berrol, Both parties ham hereunto set their hands and seals the day and year first PA;,-' CORPORATION above written. 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W ,. V In 011 In O O O O O� p r W \D r W V O O O O V O O r Lo O w rn O O p CO In O H In O r OO O r O In O In O m O r r r r r r r r r r r r r r r r V V V V v v V V V V v v V V v r r r r r r r r r r r r r r r n 00 00 W V V V v V V V V V V O\ pl x N r 0 co \�o V all In W - N r O 110 00 ENGINEERING DEPART'h1ENT 129 E. 1st Avenue - Shakopee, !Minnesota 55379-1376 )612) 445-3650 MEMO TO: John K. Anderson, City Administrator System FROM: Steve Hurley, Computer SUBJECT: Renewal of LOGIN DatabaseSubscription DATE: December 14, 1984 INTRODUCTION: Control Data has to its municipal ) provided a free three y month trial subscription about to oriented data base. expire and Control Data That free trial is script ion for $4.50_ 00 has offered a full ' the regular price is $950. 00. year sub- BACKGROUND: LOGIN hasn' t been extensive) limited exposure Y used which I feel is due to the capabilities followin has had. A recent demonstration of its however g a staff meeting was poorly attended, ' the data base has potential when research is needed. It can be a great time saver since the searching is done matically. auto- ALTERNATIVES: uto- ALTERNATIVES: There was no response from department heads indicating to subscribe to LOGIN for the next twelve months. Two alta fives a desire Present themselves. rnat- One, do not subscribe to LOGIN. Two, subscribe to LOGIN at a one year cost of $450. RECOMMENDED ACTION : alternative number one. REQUESTED ACTION : )irect staff to notify LOGIN of termination of the three mon ria) period and of the City' s y s decision not to subscribe. th :H/PMP OLIN G = TY QF' SHAKC F>aa INCORPORATED 1870 ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, linnesota 55375-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Adm i n i st rat or FROM: H. R. Spurrier, City Engineer SUBJECT: Valley Fair Flood Plain Zoning Prob s DATE: December 11, 1984 \ INTRODUCTION: On December 4, 1984, City Council received a letter dated No- vember 26, 1984, from Richard L. Kinzel, Vice President and General Manager of Valley Fair. The letter summarized some of the difficulties Valley Fair has in starting key 1985 capital expenditure programs due to the fact that the Valley Fair Dike is 1 1/2 to 2 feet above the 100 year flood elevation and cur- rent standards required the dike to be 3 feet above the 100 year flood elevation. BACKGROUND: There are build and no-build alternatives that could be pur- sued. Given the number and the levels of bureaucracy that no-build alternatives face, it is difficult to be optimistic for these alternatives. No-build alternatives could include the following : 1. A special variance from the Flood Proofing Regulations, because of the seasonal occupancy and the ability of Valley Fair to limit use during periods of potential high water. 2. Pursue an interpretation that the entire park is a single structure avoiding a complete halt to new construc- tion. 3. Do nothing. Alternate 1 would give Valley Fair the needed flexibility but it is doubtful that the State Department of Natural Resources (DNR) would approve such a variance because other facilities in the State have problems that are similar to Valley Fair and such a variance would open the door to variance requests view undesirable by the DNR. The City and Valley Fair could pursue an interpretation that the entire park is a single structure thus avoiding a complete halt to new construction. This would have limited value because Flood Plain Zoning December 11, 1984 Page 2 the City could still not permit any new unprotected space to be used for human occupancy. The third alternative was to do nothing. This alternative is certainly not acceptable to Valley Fair. It is certainly not acceptable to the City because Valley Fair needs to grow in order to maintain its vitality. Alternate 2 above is the best no-build alternative because it could give the City and Valley Fair some maneuvering room while the City and Valley Fair considered some of the build alternatives. While I tried to keep an optimistic view of this matter while researching it, the bottom line turns up a build alternative. Build alternatives may require public and private partnership where the City of Shakopee could use a tax increment district or other public funding to help Valley Fair raise the existing dike or perhaps help Valley Fair expand the area protected by the dike. There are many alternatives to consider if the City looks at public and private partnership. Whatever avenue of approach is used it is very clear that Valley Fair should take the lead in determining the course taken. It is my recommendation that City Council support Valley Fair regardless of which alternative they take. That means that City Council would pledge the cooperation of City staff in applying for variance, or in the interpretation of Federal Floodproafing Regulations, or in making preliminary plans for a potential public and private partnership. As a first step City Council could pledge the cooperation of City staff and support either Alternate 1 or 2 above so that key 1985 capital expenditure programs at Vallley Fair could continue on schedule. ACTION REQUESTED: 1. A motion to direct City staff to cooperate with Valley Fair- to the extent possible, to obtain a variance or alternate inter- pretation of Federal Flood Proofing Regulations, so that Valley Fair could make key 1985 capital expenditure programs. 2. A motion to direct City staff help Valley Fair determine whether a public and private partnership is a desirable format to use to bring the dike into conformance with current Fecleral Flood Proofing Regulations. HRS/pmp FLOODZON 90 G TTY OF SHAF{01=>aa INCORPORATED 1870 +� ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, linnesota 55379-1376 (612) 445-3650 r MEMO TO: John K. Anderson, City Adm i n i st r FROM: H. R. Spurrier, City Engineer SUBJECT: Permit to Exceed Load Limits o ue DATE: December 11, 1984 \\ INTRODUCTION: Mr. Thomas J. Sacket, Project Manager for Kraus-Anderson Con- struction Company has requested permission to exceed the posted load limits on Fourth Avenue in order to deliver construction matei°ials for the grandstand. BACKGROUND: Fourth Avenue will be completely reconstructed, therefore, overloads will not be a problem for Fourth Avenue. We should make it clear that all overloads must approach from County Road 83 and we must make it very clear that our permission does not entitle them to exceed posted limits on County Road 83 and that only the County Highway Engineer could authorize them to exceed those limits. Kraus-Anderson has agreed to notify the City daily of the trucks that would exceed the posted limit. This corresponds to the same process we have used in Eaglewood and other subdivisions where the roadways do not meet or need not meet reasonable load limits. It is recommended that Kraus-Anderson Construction Company be authorized to exceed posted load limits on Fourth Avenue so long as the following conditions are met. 1. The City is notified daily of the number of trucks that exceed the posted limit and the approximate overload. 2. Kraus-Anderson submits evidence of corresponding ap- proval on County Road 83 for any load which exceeds the posted limits on County Road 83. 3. This permit will expire June 28, 1985, or when the reconstruction of Fourth Avenue begins, whichever is first. Fourth Avenue Load Limits December 11, 1984 Page 2 ACTION REQUESTED: A motion to authorize Kraus-Anderson exceed the Construction Company to posted load limits on Fourth Avenue between County Road 83 and the north entrance to the Racetrack, so long as conditions one ( 1 ) thru three (3) above are met. HRS/pmp LOADLIMT cc: Leroy Houser B Bad Larson I C S1984 KRAUS-ANDERSON CONSTRUCTION COMPANY CONTRACTORS & CONSTRUCTION MANAGERS December 5, 1984 1 City of Shakopee r 129 E. 4th Avenue Shakopee, MN 55379 �- Attn: Mr. Bo Spurrier . Re: Shakopee Racetrack Facility .� Shakopee, Minnesota Gentlemen: Kraus-Anderson Construction Company hereby requests a special road permit for 4th Avenue East from Scott County Highway 83 to the entrance on 4th Avenue East to the Racetrack Facility. li Kraus-Anderson Construction Company will need use of this - road for delivery of building materials in the Suring of I/ 1985 whichwill exceed the posted limits during the Spring e road Postings . We will advise you on a day to day basis of when trucking / o� will exceed the posted tonage, If I can be of further assistanceI -� on the above subject matter, please call my office. .EMOMW Sincerely, �rt KRAUS- NDE ONSTRUCTION COMPANY Th mas J. Sa kett Project M na er TJS/em ` IgA1 525 SOUTH EIGHTH STREET, MINNEAPOLIS, MINNESOTA 55404 PHONE: 612-332-7281 TEXAS OFFICE:12011 COF ROAD, DALLAS, TEXAS 75251 214-661-9791 ANEa��� C = T-1 OF SHAKOpEE INCORPORATED 1870 +� ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, linnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: JEJ Drainage of Former Chicago, Milwaukee, St. Paul, and Pacific Railroad Right-of-Way DATE: December 12, 1984 INTRODUCTION: Attached is Change Order No. 3 and Partial Estimate Voucher No. 3 (Semi-Final ) , for the above referenced project. BACKGROUND: The Contractor has completed the work as well as punch list repairs on this project. During the latter stages of construction we requested that potential erosion be controlled by placing 20 hay bales and regrading an area adjacent to a catch basin. The cost of this work has been incorporated into the attached Change Order No. 3 for the lump sum of $375. 00. The Contractor has reviewed the attached Semi-Final Estimate and agrees that the totals represent the final contract amounts. The final tofa1 contract amount, $41, 957. 36, is $3, 698. 77, or 8. 1 percent under the original contract amount. ACTION REQUESTED: A motion to authorize proper City officials to execute Change Order No. 3 for JEJ Drainage increasing the contract amount by $375. 00. A motion to authorize payment of Semi-Final Estimate No. 3 to S. M. Hentges and Sons, in the amount of $2, 710. 61. r l p oJre for Submittal H. R. Sp rrier, City Engineer FS/pmp JEJDRAIN SEMI - FINAL PARTIAL ESTIMATE VOUCHED; ntract No. 1984-3 Partial Estimate Voucher No. 3 Period Ending: December 12, 1984 Contractor S.M. Hentges & Sons Address 1523 West 3rd Avenue Shakopee, MN 55379 Project Description JEJ Drainage Original Contract Amount $ 45,656.13 Change Order No. 1 Thru No. 3 $ 975.00 Total Funds Encumbered $ 46,631.13 Value of Work Completed $ 41,957.36 Value of Work Remaining -0- Percent Retainage $ -0- Previous Payments $ 39,246.75 Deductions or Charges $ -0- Percent Complete Total $ 39,246.75 100% yment Due (Line 4 - Line 8) $ 2,710.61 CERTIFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work shown herein is a fair timate of the work completed to date. dTRACTOR: Y _'LE: TE: ;,ED - CITY OF SHAKOPEE i y tineer I Date ity Administrator Date CL ij a IN IN Irb Ni 1 Y ` j I vl IN kQ .. W �� p ! O Ul N O ap w p 0 1A , t -o Oj ? z A o ` p �f CHANGE ORDER Change Order No. : 3 Project Name: JEJ Drainage Date: December 12, 1984 Contract No. : 1984-3 Original Contract Amount $ 45,656. 13 Change Order(s) No. 1 thru No. 2 $ 600.00 Total Funds Encumbered Prior to Change Order $ 46,256. 13 Description of Work to be (Added/Deleted): Place 20 hay bales and regrade area around catch basin for erosion control. Lump Sum $375.00. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increased/decreased) by $ 375.00 The number of calendar days for completion shall be (increased/decreased) by -0- Original Contract Amount $ 45,656.13 Change Order(s) No. 1 thru 3 $ 975.00 Total Funds Encumbered $ 46,631.13 Completion Date: September 30, 1984 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specif' a,tions, ditions and prices specified herein. Contractor: �f By: Title: Date: AP ED AN RECOMMEN'DED: 5 Cit gineer Date I APPROVE : City of Shakopee By. Mayor Date Approved as to form this day of City Administrator Date 19 City Clerk Date City Attorney Fifth Avenue December 13, 1984 Page 2 CHANGE ORDER NO. 3 Because of the timing of this project, the sod repair work in the boulevard areas was not completed. Change Order No. 3 would extend the completion date to April 30, 1985 so this work can be accomplished. ACTION REQUESTED: A motion to approve an increase in the quantity of "MnDOT 2341 Bituminous Patching" by 163 ton, resulting in a cost increase of $4, 178. 00. A motion to authorize proper City Officials to execute Change Order No. 3 for the 5th Avenue Sanitary Sewer Reconstruction Project, extending the completion date to April 30, 1985. A motion to authorize payment of Partial Estimate No. 3 for the 5th Avenue Sanitary Sewer Reconstruction Project in the amount of $27, 908. 40 to S. M. Hent gips and Sons. R. Appr v for Submittal H. R. pu i er, City Engineer FS/pmp C = TY OF' SHAKOI=�aE INCORPORATED 1870 * ENGINEERING DEPARTMENT +� 129 E. 1st Aiienue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: Fifth Avenue Sanitary Sewer Reconstruction Project, Quantity Change, Partial Estimate No. 3, and Change Order No. 3 DATE: December 13, 1984 INTRODUCTION: In accordance with the Change Order Administrative Procedure, an increase in a contract item which exceeds the one ( 1 ) percent guideline requires Council approval. Partial Estimate No. 3 and Change Order No. 3 also requires Council action. BACKGROUND: QUANTITY CHANGE The contract item "MnDOT 8341 Bituminous Patching" will exceed the plan quantity by 163 ton which at $25. 63 per ton results in an overrun of $4, 178. 00, or three (3) percent of the total project cost. Three factors have contributed to the quantity overrun: 1. The existing Scott Street bituminous mat was thicker than the anticipated 2", and was replaced to match. 2. An O. S. H. A. official visited the site during construc- tion and insisted that the trench width be increased to meet their requirements. This increased the area which had to be re-paved. 3. To lessen traffic disruption, the utility work at 6th and Spencer which was to be done as part of SPUC' s "Women' s Correctiona1 Facility Wat erma i n Contract"', was accomplished simultaneously with this project. While the street restoration costs were added to this project, the prison will pay for all work in this area. T: 5th AVENUE SANITARY SEWER ESTIMATE NO.: 3 ENDING: November 30, 1984 CONTRACTOR: S.M. HENTGES d SONS SHEET NO.: 1 I I I Unit I Contract I Current Period I Total to Date I I Contract Item I Unit I Price I Quantity I Amount I Quantity I Amount I Quantity I Amount I IPART I - SANITARY SEWER I I I I I t I I I I I I I i I i I I I 14' Extra Heavy Cast Ilron SVS Pipe IL.F. 1 $19.34 1 200.00 1 $3,868.00 1 0.00 1 $0.00 1 24.00 1 $464.16 1 1 1 1 1 1 1 1 1 1 1 i6° Extra Heavy Cast I I I I I I 1 I I !Iron SVS Pipe I L.F. 1 $15.20 1 100.00 1 $1,20.00 1 0.00 I SE.00 I 0.00 I f0.00 I I I I I I I i i I I 14" Wye IEa. 1 $55.00 1 50.00 1 $2,750.00 1 0.00 1 $0.00 1 44.00 1 $2,420.00 1 1 1 1 1 1 1 1 1 1 1 16' Wye IEa. 1 $70.00 1 5.00 1 $350.00 1 0.00 1 $0.00 1 9.00 1 $630.00 I ! I I I I I 1 I I I (Connection to Exist. Sys. IEa. 1 $65.00 1 55.00 1 $3,575.00 1 0.00 1 $0,00 1 54.00 1 $3,510.00 1 I I I I I I I I I 18" PVC Sewer 0-8 IL.F. 1 $15.16 1 1550.00 1 $23,498.00 1 0.00 1 $0.00 1 878.00 1 $13,310.48 1 1 I I I I i I I I 'B° PVC Sewer 8-10 IL.F. 1 $17.16 1 780.00 1 $13,384.80 1 0.00 1 $0.00 1 1465.00 1 $25,139.40 1 I I I I I I I I I B" PVC Sewer 10-12 IL.F. 1 $19.66 1 760.00 1 $14,941.60 1 0.00 1 $0.00 1 754.00 1 $14,823.64 1 i I I I I I I I I 8" PVC Sewer 12-14 IL.F. 1 $25.00 1 10.00 1 $250.00 1 0.00 1 $0.00 1 0.00 1 $0.00 1 i I I I I 1 I I I 8° DIP Sewer IL.F. 1 $32.84 1 20.00 1 $656.80 1 0.00 1 $0.00 1 19.00 1 $623.96 I I 1 I I I I I I I !Std. 4' Manhole IEa. 1$1,250.00 1 9.00 1 $11,250.00 1 0.00 1 $0.00 1 9.00 1 $11,250.00 1 i I I I I I I I I I .Additional Manhole Depth IL.F. I $76.50 1 8.00 1 $612.00 1 0.00 I $0.00 1 7.90 1 $604.35 I I I I I I I I I I _ower Watermain IL.S. 1 $600.00 1 1.00 1 $600.00 1 0.00 1 $0.00 1 1.00 1 $600.00 1 i I i I I I I I 1 Bituminous Pavement Removal IS.Y. 1 $1.50 1 6000.00 1 $9,000.00 1 0.00 1 $0.00 1 6162.00 1 $9,243.00 1 I I I I I I I I I InDOT 2341 Bit. Patching ITon 1 $25.63 1 675.00 1 $17,300.25 1 838.00 1 $21,477.94 1 838.00 1 $21,477.94 1 I I I I I f I I -1-5 Base Material ITon 1 $6.00 1 2100.00 1 $12,600.00 1 0.00 1 $0.00 1 2076.00 1 $12,456.00 I I I I I I I I I I Bod IS.Y. 1 $2.50 1 $800.00 1 $2.000.00 1 0.00 1 $0.00 1 0.00 1 $0.00 1 I I I I I I I I I 1 I I Total 1 $118,156.45 1 Total 1 $21,477.94 1 Total I $116,552.93 1 :hanae Order Number 1 L.S. $315.66 L.S. $315.66 L.S. $315.66 hange Order Number 2 L S. $879.00 L.S. $879.00 L.S. $879.00 TOTAL $117,747.59 Contract *No. 84-6 Partial :stimate Voucher ;io. 3 _ November 30 , 1984 TO: Contractor S .M. Hentges & Sons Address 1523 West 3rd Avenue Shakopee, MN 55379 Project Description 5th Avenue Sanitary Sewer Reconstruction 1. Original Contract Amount :: 137 ,460 . 51 2. Change Order No. 1 `1'hru No. 3y 1 .194. 66 3. Total Funds Encumbered i �8,655 . 17 �;. Value of Work Completed S 138 ,234. 73 _ Value of work 5, 5 Percent Retainage v 6 ,911 . 7 3 remaining $ 1 ,000 . 00 6. Previous Payments $ 110 , 326 . 33 Percent Complete 7. Deductions or Charges $ -0- 99'/0 8. Total $ 110 , 326 . 33 Payment Due (Line Line 8) $ 27 , 908 .40_ C' 'RI 'IFICA'1E OF 1'A'irif,rJT (I, We) hereby agree that the quantity and vibes or w()r•l. f„_tein is a fair estimate of the work comulcted to date. CONTRACTOR: REVIEWED BY SHAKOPEE PUBLIC UTTI,TTI-S COMMISSION 1;Y ^'I'""E 1 IL liana�;er 12'PROVED - CITY 02" SHAK.OP:;1s' City Engineer Date City Adtr.�inistrator Date Gl PROJECT: 5TH AVENUE SANITARY SEWER ESTIMATE NO.: 3 PERIOD ENDING: November 30, 1984 CONTRACTOR: S.M. HENTGES L SONS SHEET NO.: 2 Item I - I I Unit I Contract- I Current nt Period I Total to Date ! No. I Contract Iter I Unit I Price I Quantity I Amount I Quantity I Amount ( Quantity I Amount __--I-u -�-_-- I I I ► I I I 1 I I PART II - WATERMAIN '-! -!-----i-----I-------i----I-------I----!____-- 1 I I I I I I I I I I 1 (Remove b Salvage 16" CIP IL.F. 1 $3.50 1 365.00 1 $1,277.50 1 0.00 1 $0.00 1 355.00 1 $1,242.50 1 I I t 1 I i I I I I 2 (Remove b Salvage Hydrant IEa. 1 $500.00 1 2.00 1 $1,000.00 1 0.00 1 $0.00 1 3.00 1 $1,500.00 1 1 I I I i I I I I I 3 160 DIP IL.F. 1 $22.00 1 20.00 1 $440.00 1 0.00 1 $0.00 ( 48.70 1 $1,071.40 1 I I I 1 I I I I 1 I 4 112" DIP IL.F. I $20.70 1 345.00 1 $7,141.50 1 0.00 1 $0.00 1 346.00 1 $7,162.20 1 5 (Cut in 6' GV wlsleeve tEa. 1 $600.00 1 1.00 f $600.00 1 0.00 1 $0.00 I 1.00 1 $600.00 1 I I I I I I I I I I 6 (Hydrant [Ea. 1$1,300.00 1 3.00 1 $3,900.00 1 0.00 1 $0.00 1 4.00 1 $5,200.00 1 1 1 1 1 1 1 1 1 1 7 16" GV IEa. 1 $375.00 1 3.00 1 $1,125.00 1 0.00 1 $0.00 1 4.00 1 $1,500.00 ! I I I I I I I I I I 8 IBituminous Pavement Removal IS.Y. 1 $2.00 I 100.00 1 $200.00 f 12.90 1 $25.80 1 64.60 1 $129.20 1 I I I I I I I I 1 9 IDIP Fittings ILbs. 1 $1.25 1 1250.00 1 $1,562.50 1 0.00 1 $0.00 1 678.00 1 $847.50 1 I I I I I I I I I I •10 IMnDOT 2341 Bit. Patching ITon 1 $25.63 1 12.00 1 $307.56 1 8.00 1 $205.04 1 8.00 1 $205.04 1 1 1 1 1 1 1 t 1 1 1 11 ICI-5 Base Material ITon 1 $6.00 1 250.00 1 $1,500.00 1 65.55 1 $393.30 1 171.55 1 $1,029.30 1 1 1 1 1 1 1 1 1 1 1 12 ISod IS.Y. 1 $2.50 f 100.00 1 $250.00 1 0.00 1 $0.00 ( 0.00 1 $0.00 1 I 1 I I I I I I I I I I i I I 1 I I I I I I I 1 I I t I I 1 I I 1 I 1 1 I I I I I 1 ( I I 1 ! i I I I i I I i I I I I I I I I f I I I I I i t I I I f I 1 I I I I I I I I t I I I I I I I I i I_ 1 I I l I Total 1 $19,304.06 1 Total I $624.14 1 Total i $20,487.14 1 TOTAL SANITARY SEWER $117,747.59 TOTAL WATERMAIN $20,487.14 GRAND TOTAL $138,234.73 CHANGE ORDER 5th Avenue Sanitary hange Order No. : 3 Project Name: Sewer Reconstruction )ate: December 13, 1984 Contract No. : 1984-6 )ri.ginal Contract Amount $ 137,460.51 ;hange Order(s) No. 1 thru No. 2 $ 1,194.66 total Funds Encumbered Prior to Change Order $ 138,655. 17 Description of Work to be (Added/Deleted): Extend the completion date from November 30, 1984 to April 30, 1985 'he above described work shall be incorporated in the Contract, referenced above, .ander the same conditions specified in the original Contract as amended unless -)therwise specified herein. Any work not so specified shall be performed in accordance ,rith the Standard Specifications adopted by the City of Shakopee, Minnesota. .'he amount of the Contract shall be (increased/decreased) by $ -0- 'he number of calendar days for completion shall be (increased/.) by 150 )riginal Contract Amount $ 137,460.51 :hange Order(s) No. 1 thru 3 $ 1,194.66 ^otal Funds Encumbered $ 138,655.17 :ompletion Date: April 30, 1985 "'he undersigned Contractor hereby agrees to perform she work specified in this Change Order in accordance -rith the specifications, conditions and prices specified herein. contractor: jy =itle: gat e: :'PROVED AND RECOMMENDED: ,ity Engineer - Late -PPROVED: City of Shakopee y: Mayor Da-�e Approved as to form this day of City Adminis.rator Date 19 City Clerk Date City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Apportionment of On-Sale Liquor Licenses DATE: December 14 , 1984 Introduction: This is in response to requests made by Councilmembers on December 11th during the discussion on what criteria to adopt in governing issuance of new liquor licenses . Background: 1) Stage Development - Staff recommends against allowing stage development when meeting any minimum investment requirement. If for some reason the staged development did not occur to bring the value into compliance, Council would be in an awkward position in resolving the delima. If the staged development became unfeasible, could a license renewal actually be denied? The City Attorney advised me that in a court situation, the licensee would probably be the winner. 2 ) Establishing a variance provision within the liquor and beer chapter - Staff recommends against such a provision. First of all, you would need to establish criteria under which you would grant a variance, which may infact negate any criteria you may set up. The City Attorney recommends amending the ordinance when a change may be desireable, rather than utilizing a variance procedure. 3 ) Square footage and minimum investment - Upon checking with a few chain hotels, it appears that a minimum 100 room hotel would be needed with restroom/lounge facilities to be economically feasible. Ramada Inn - 100 rooms minimum, with bar and lounge $40, 000 per room for a total cost of $4 , 000, 000 . 00 Bar and lounge average size = 4 , 000 sq. ft. at $80, 000/sq. ft. = $320, 000. 00 Holiday Inn - 100 rooms minimum, with restaurant and lounge and conference space $50 , 000 per room for a total cost of $5, 000, 000 . 00 Restaurant/lounge/banquet- space of $10, 000 sq. ft. at $50 . 00/sq. ft. _ $50, 000. 00 Sheraton Hotels Inns - 150 rooms minimum, with lounge and dining and swimming $5, 000, 000 minimum (est. ) exclusive of land $7, 500, 000 for 250 rooms Dining seats 120-130 4000-5000 sq. ft. at $50. 00 = $200, 000-$250, 000 Page two On-Sale Liquor Keep in mind that these are rough estimates . A minimum $2, 000 , 000 investment with at least 10% expended for a restaurant/lounge as discussed by Council, would not preclude an establishment as outlined above. Ordinances 155 and 156 simply add language to the City Code which would prohibit issuance of a beer or liquor license to an establishment not having city sewer and water, except a temporary beer license. Ordinance 154 repeals sections 5 . 32 subd 11 & 12 which read as follows : Subd. 11. Minimum Investment. Any initial on-sale liquor license issued for premises not previously licensed and subsequent to January 1, 1978 , whall not be granted unless the licensee has an investment therein of at least $200, 000. 00 in fixtures and structures, exclusive of land. The Council may provide for an independent ap- praisal, at the expense of the applicant, as an aid in determining such value . If this provision is not complied with within one ( 1) year from the date of issuance of the license, the same shall be grounds for refusal or revocation of the license. Provided, however, that if the license of a licensee shall be revoked, a subsequent license shall not be issued thereon without full compliance with this Subdivision. A. For the purposes of Subdivision 11 hereof any premises which previously held a club license shall be regarded as a premises previously licensed so as to exempt such premises from the provisions of Subdivision 11. Subd. 12 . Establishments Eligible. No on-sale liquor license shall be isued or renewed for any establishment which contains more than 4 , 000 square feet of space, unless : A. Said establishment qualifies as a restaurant as defined in this Chapter; B. Said establishment receives at least 50% of its gross receipts from the sale of food for consumption on the premises . C. For pruposes of this Subdivision "square feet of space" is defined as customer floor area. Ordiance 154 adds language which in essence is the same as replealed above summarized as follows : Class A License - no more than 6 - restaurant or exclusive liquor store under 4 , 000 sq. ft. Class B License - no less than 3 - restaurant over 4 , 000 sq. ft. with 50% of sales from food. Class C License - no less than 3 - hotel/motel restaurant/ lounge with a restaurant/lounge area of a minimum of sq. ft. and a minimum of guestrooms . Page three On-Sale Liquor No provision for exclusive liquor store over 4 , 000 sq. ft. If Council is desirous of issuing licenses to exclusive liquor stores, which numbers are to be changed? Class A = 6- - seven currently issued Class B = 3+ - two currently issued Class C = 3+ - none currently issued If Council desires to issue a license to a ballroom, should one ever apply, see letter dated, December 11, 1984 from Stan Deskon, General Councsl, League of Minnesota Cities. The City Attorney has received a copy of the letter which he does not feel is at all helpful and recommends that an Attorney General ' s opinion be requested. Recommended Action: 1) Adopt Ord. No. 155 and 156 2 ) Concur or revise minimum investment in Ord. No. 154 3 ) Determine minimum size of restuarant lounge in hotel/motel and minimum number of guest rooms . 4 ) Determine whether or not eliminate the 4 , 000 sq. ft. restriction on exclusive liquor stores . 5 ) Determine whether or not to get an Attorney General ' s opinion of whether or not a ballroom is an exclusive liquor store as defined in the state statutes. 6 ) Make any other amendments desirable in Ord. No. 154 . 7 ) Adopt Ord. No. 154 s iiia451 ,884 league of minnesota cities µ December 11, .1984 Judith Cox, Clerk 129 E. 1st. Ave. Shakopee, MN 55379 Dear Ms. Cox; This letter is in response to your inquiry of December 3, 1984, con- cerning the power of Minnesota Cities to issue intoxicating liquor licenses to ballrooms. You note that the cities ordinance now pro- hibits such issuance but that the council is considering a change. While the law is not entirely clear, it is reasonably certain that dancing is not prohibited in places where liquor is sold. MS 624. 46 was amended by laws 1977 chap. 132, by deleting language which prohibited direct access between dance halls and licensed liquor establishments. The obvious conclusion is that the legislature in- tended to eliminate the prohibition against dancing and liquor in the same establishment. However, the main question is not settled by the 1977 amendment. There is an additional special problem of statutory construction with reference to dancing in exclusive liquor stores. M.S. section 340.07m subd. 13 defines an exclusive liquor store as an "on-sale , or off-sale or combination on-sale and off-sale, establishment used exclusively for the sale of intoxicating liquor at retail and under the control of an individual owner or manager and as an incident thereof may also sell cigars, cigarettes, ice, all forms of tobacco, non-intoxicating malt beverages and soft drinks at retail , and may offer recorded or live entertainment, and make available coin- operated amusement devices. An exclusive liquor store includes an on-sale or combination on-sale and off-sale establishment operating a restaurant or selling food for consumption on the premises when authorized by the municipality issuing the license or owning or operating the exclusive liquor store, as the case may be." If an establishment is not a restaurant (defined in M.S.A. 340.07, subd. 14 as an establishment whose principal business is the serving of food) , then it is arguable that this section is intended not only to prohibit the sale of other commodities than those mentioned but the carrying on of any other activity than the ones specified. If this is true, an establishment arguably ceases to be an exclusive liquor store I 60 university avenue east, st. paul, minnesota 551 01 1612) 227-5600 1 � Judith Cox, Clerk Page 2 December 11, 1984 when its primary business is dancing on the premises and therefore be- comes ineligible for a license unless it qualifies under one of the other authorized categories. Regardless of the logic of this argument, when the legislature permitted live entertainment in exclusive stores by Laws 1978, chapter 701. They pretty clearly meant to permit some dancing. Further, the Liquor Control Division has since then treated any amount of dancing as permissible. There are a number of ballrooms around the state that now have liquor licenses, including the Prom in St. Paul . The State Agency interpretation of six years duration would probably be given weight in any court interpretation of the exclusive stores language. In summary, should the city decide to permit it, an intoxicating liquor license could very likely be issued to the ballroom. In accord with the policy of this office when a matter comes to us involving legal considerations, we are sending a copy of this letter to the attor ey f r your city for his information. Stanley Peskar General Counsel SP:jh cc: Julius Collar, II . ORDINANCE .4/ 154 Fourth Series. AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE CITY CODE CHAPTER 5 ENTITLED "LIQUOR, BEER AND WINE LICENSES AND REGULATIONS" BY ADOPTING ADDITIONAL RESTRICTIONS AND REGULATIONS FOR THE GRANTING OF ON-SALE LIQUOR LICENSES AND BY REPEALING SOME.? AND BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 5.9.9 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE., MINNESOTA ORDAINS: SECTION I: Repeal Subd. 11 of Sec. 5.32 and Subd. 12 of Sec. 5.32 are hereby repealed. SECTION II: Minimum Investment No initial on-sale liquor license issued for premises not previously licensed shall be granted unless the licensee has an investment therein for fixtures and structures, exclusiveof land as follows: Class A; $200,000..00 for a restaurant or exclusive liquor store as described in A--of Section 3 hereof. Class B; for a restau ant as escribe iY Bof ion 3 hereof. j��� Class. C; $2,000,000.00 for a hotel kmo- esraur.ant/lounge as described in C of Section .3 hereof with a minimum o� o- f the investment expended for the restaurant/ lounge area. The restaurant/lounge must contain a minimum of square feet of customer floor area and the licensed premises shall be a part :oft a mote /hotel building, with. a minimum of Zd_ guest rooms. (fZ- 7_75-� The Council may provide for an independent appraisal at the expense of the applicant as an aid in determining values. If this provision is not complied with within one year from the date of the issuance of the license, the same shall be grounds for refusal or revocation of the license; and, if such- license is revoked or refused, a subsequent license shall not be issued for the premises until after full compli- ance with the. requirements hereof. For the. purpose of this ordinance any premises which previously held a club CT license shall be regarded as a premises previously licensed so as tobe exempt from the provisions of Section 2. SECTION III: Class and Number of Licenses On-Sale intoxicating liquor licenses shall be classed and granted only as follows: Class A: Restaurants or exclusive liquor stores as defined in this Chapter and under 4,000 square feet customer floor area. Not more than six (6) of these licenses shall be issued and in effect for any license period. Class B: Restaurants as. defined in this chapter and which receive at least 50% of the gross receipts. from the sale of food for consumption on the premises and have over 4,000 square feet of customer floor area. No less than three (3) of these licenses shall be issued and in effect for any license period Class C: Hotel/motel restaurant/lounge as defined in this Chapter and which receive at least 50% of its gross receipts from the sale of food for consumption on the premises and which restaurant/lounge area contains a minimum of square feet of customer floor area. The hotel/motel operation must have a minimum number of guest rooms. Not less than three (3) of these licenses shall he available to be issued and in effect for any license period. SECTION IV: Penalties The Shakopee City Code Chapter 1 entitled "GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY PROVISIONS" and Sec. 5.99 entitled "VIOLATION A MISDEMEANOR" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION-V: When in Force and Effect After the adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall then be in full force and effect. Adopted in _ ___ session of the City C;,uncil of the City of Shakopee, Minnesota held this ---day of 198 Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to .form this 14th. day of December, 1984. City Attorney l � ORDINANCE NO. 155 Fourth Series An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 5 , Entitled "Liquor, Beer and Wine Licensing and Regulations" By Adopting Additional Restrictions and Regulations for the Granting of On-Sale Liquor Licenses and by Adopting by Reference Shakopee City Code Chapter 1 and Sec . 5 . 99, which among other things contain penalty provisions THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : SECTION I : Shakopee City Code amended by adding restrictions and to Sec . 5 . 32 The Shakopee City Code Sec . 5 . 32 is hereby amended by the addition of the following Subd. 9 : After the da y 198_ of �.. no license shall be issued for any On-Sale liquor establishment not having city water and sewer connections with suitable lavatory facilities . SECTION II : PENALTY Shakopee City Code Chapter 1 entitled "General Provisions and Definitions applicable to the entire City Code including penalty provisions" and Sec . 5 . 99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. 4 SECTION III : When in force and effect After the adoption, signing and attestation of this Ordinance it shall be published once in the official newspaper of the City of Shakopee and shall then be in full force and effect . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this d a y o f- c� MEMO TO: Mayor and City Council FIRM: Ochn K. Anderson, City Administrator RE: Renewal of Minnegasco Gas Franchise DATE: December 1 3 , 1984 Introduction The City has been operating under a 20 year franchise agreement with Minnegasco. Ordinance No. 222 was effective March 21, 1965 granting the franchise to Minnesota Valley Natural Gas Company. Franchise Ordinance No. 222 automatically expires January 26, 1985. Background During 1983 the Suburban Rate Authority (SRA) spent a good deal of time drafting a new standardized franchise ordinance for its member cities. The proposed franchise ordinance attached is identical to the SRA standard franchise ordinance. The benefits of a standard franchise ordinance are numerous. The most significant benefit is that Minnegasco will have consistant rules of the game when dealing with different communities, thus enhancing both the City's and Minnegasco's chances for compliance with the franchise agreement. Equally important is the fact that the standardized ordinances all expire at the same time. This gives the suburban communities significantly enhanced bargining power when dealing with Minnegasco at that renewal date. Clearly an experienced attorney representing well over 25 suburban cities can negotiate a better contract than an individual city with attorneys that do not specialize in franchise ordinances. The franchise ordinance presented has been reviewed by our City Attorney and by our City Engineer. The ordinance was drafted at a time when Shakopee's SRA board members were active and we did have input into the current standardized franchise ordinance. Alternatives 1. Approve Ordinance No. 157 establishing a new franchise with Minnegasco. Some of the advantages of a standardized franchise ordinance have been discussed above. The day to day administration of the relationship a city has with a franchisee is important and can be made simpler if the franchisee has to function in your community just as it has to function in other communities. Frankly, I am hard pressed to find any reasons that it might be detrimental for Shakopee to have the uniform franchise ordinance. 2. Amend the proposed standardized franchise ordinance after Council has reviewed and commented on the ordinance. 3. Reject the standardized franchise ordinance and renew Ordinance No. 222. If any Councilmembers would like to seriously consider this alternative they should contact me for a copy of Ordinance No. 222 so that they can compare the two ordinances. Many clauses in Ordinance No. 222 have become ineffective as the Public Service Commission (PSC) has pre-empted regulatory functions at the State level Recommen I recommend alternative No. 1 for the reasons listed above. I have discussed the standard SRA franchise with Jim Anderson of Minnegasco and he had no problem with the City of Shakopee using the standardized SRA gas franchise. Action Requested Approve Ordinance No. 157, An ordinance granting Minnegasco, Inc., a Minnesota corporation, its successors and assigns, a -napex-ciusive-irancnlse to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ground of the City of Shakopee, Minnesota for such purposes; and prescribing certain terms and conditions thereof, effective January 26, 1985 through June 30, 2003. JKA/jms SRA/4-83 ORDINANCE NO. 157 CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA. An ordinance granting Minnegasco, Inc., a Minnesota corporation, its successors and assigns, a nonexclusive franchise to con- struct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ground of the City of Shakopee, Minnesota for such purposes; and prescribing certain terms and conditions thereof. THE CITY COUNCIL OF SHAKOPEE ORDAINS: SECTION 1. DEFINITIONS. The following terms shall mean: 1.1. Company. Minnegasco, Inc., a Minnesota corporation, its successors and assigns. 1.2. Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1.3. Municipality, Municipal Council, Municipal Clerk. These terms mean respectively, the City of Shakopee, the Council of the City of Shakopee and the Clerk of the City of Shakopee. 1.4. Public Ground. All streets, alleys, public ways, utility easements and public grounds of the Municipality as to which it has the right to grant the use to the Company. SECTION 2. FRANCHISE GENERALLY. 2.1. Grant of Franchise. There is hereby granted to the Company, from the effective date hereof through June 30, 2003, the right to import, manufacture, transport, distribute and sell gas for public and private use in the Municipality, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the Public Ground of the Municipality, all facilities and equipment used in connection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives, subject to zoning ordinances, other appli- cable ordinances, permit procedures, customary practices, and the provisions of this franchise. 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and publication as required by law, and its acceptance by the Company in writing filed with the Municipal Clerk within 60 days after publication. 2.3• Nonexclusive Franchise. This is not an exclusive franchise. 2.4. Franchise Fee. The Company may be required to pay to the Municipality, in the manner and at a rate prescribed by a separate ordinance, a fee determined by collections from sales of Gas, but not to exceed 5% of the Company's gross revenues from the sale of Gas within the Municipality. Such ordinance may be adopted, amended, repealed or readopted at any time during the term of this franchise. The fee, if required, shall be effective 90 days after written notice of the ordinance to the Company. No such fee shall be effective as to sales made before January 1, 1984. The fee shall be separately stated on gas bills rendered to customers within the Municipality. 2.5. Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 2.6. Default. If the Company is in default in the perfor- mance of any material part of this franchise for more than 90 days after receiving written notice from the Municipality of such default, the Municipal Council may, by ordinance, terminate all rights granted hereunder to the Company. The notice of default shall be in writing and shall specify the provisions of this franchise under which the default is claimed and state the bases therefor. Such notice shall be served on the Company by per- sonally delivering it to an officer thereof at its principal place of business in Minnesota. If the Company is in default as to any part of this fran- chise, the Municipality may, after reasonable notice to the Company and the failure of the Company to cure the default within a reasonable time, take such action as may be reasonably neces- sary to abate the condition caused by the default, and the Com- pany agrees to reimburse the Municipality for all its reasonable costs and for its costs of collection, including attorney fees. Nothing in this section shall bar the Company from chal- lenging the Municipality's claim that a default has occurred. In the event of disagreement over the existence of a default, the burden of proving the default shall be on the Municipality. 04, SECTION 3. CONDITIONS OF USE. 3.1. Use of Public Ground. All utility facilities and equipment of the Company shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of Public Ground, and shall be subject to permit conditions of the Munici- pality. The permit conditions may provide for the right of inspection by the Municipality, and the Company agrees to make its facilities and equipment available for inspection at all reasonable times and places. 3.2. Permit Required. The Company shall not open or disturb the surface of any Public Ground for any purpose without first having obtained a permit from the Municipality, for which the Municipality may impose a reasonable fee to be paid by the Company. The permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The mains, services and other pro- perty placed pursuant to such permit shall be located as shall be designated by the Municipality. The Company may, however, open and disturb the surface of any Public Ground without a permit where an emergency exists re- quiring the immediate repair of its facilities. The Company in such event shall request a permit not later than the second working day thereafter. 3.3. Restoration. Upon completion of any work requiring the opening of any Public Ground, the Company shall restore the same, including paving and its foundations, to as good condition as formerly, and shall exercise reasonable care to maintain the same for two years thereafter in good condition. Said work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in good condition, the Municipality shall have the right to put it in good condition at the expense of the Company; and the Company shall, upon demand, pay to the Municipality the cost of such work done for or performed by the Municipality, including its administrative expense and overhead, together with ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the Municipality. 3.4. Relocation of Utility Facilities. The Company shall promptly, with due regard for seasonal working conditions, permanently relocate its facilities or equipment whenever the Municipality orders such relocation. If the relocation is a result of the proper exercise of the police power in grading, regrading, changing the location or shape of or otherwise 9� improving any Public Ground or constructing or reconstructing any sewer or water system therein, the relocation shall be at the expense of the Company. If the relocation is not a result of the proper exercise of the police power, the relocation shall be at the expense of the Municipality. If such relocation is done without an agreement first being made as to who shall pay the relocation cost, such relocation of the facilities by the Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If the Company claims that it should be reimbursed for such relocation costs, it shall notify the Municipality within thirty days after receipt of such order. The Municipality shall give the Company reasonable notice of plans requiring such relocation. Nothing contained in this subsection shall require the Company to remove and replace its mains or to cut and reconnect its service pipe running from the main to a customer's premises at its own expense where the removal and replacement or cutting and reconnecting is made for the purpose of a more expeditious operation for the construction or reconstruction of underground facilities; nor shall anything contained herein relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging the Company's facilities while performing any work in any Public Ground. 3.5. Relocation When Public Ground Vacated. The vacation of any Public Ground shall not operate to deprive the Company of the right to operate and maintain its facilities therein. Unless ordered under Section 3.14, the Company need not relocate until the reasonable cost of relocating and the loss and expense resulting from such relocation are first paid to the Company. When the vacation is for the benefit of the Municipality in the furtherance of a public purpose, the Company shall relocate at its own expense. 3.6. Street Improvements, Paving or Resurfacing. The Municipality shall give the Company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. The notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the time when the Municipality will start the work, and, if more than one street is involved, the order in which this work is to proceed. The notice shall be given to the Company a suffi- cient length of time, considering seasonable working conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its facilities the Company deems necessary. In cases where streets are at final width and grade, and the Municipality has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company's main is located under such street, the Company may be required to install gas service connections prior to such paving or resurfacing, whenever it is apparent that gas service will be required during the five years following the paving or resurfacing. SECTION 4. INDEMNIFICATION. The Company shall indemnify, keep and hold the Municipality, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, maintenance, repair, removal, or operation of the Company's property located in, on, over, under, or across the Public Ground of the Municipality, unless such injury or damage is the result of the negligence of the Municipality, its elected officials, employees, officers, or agents. The Municipality shall not be entitled to reimbursement for its costs incurred prior to notification to the Company of claims or actions and a reasonable opportunity for the Company to accept and undertake the defense. If a claim or action shall be brought against the Munici- pality under circumstances where indemnification applies, the Company, at its sole cost and expense, shall defend the Munici- pality if written notice of the claim or action is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. The Company shall have complete control of such claim or action, but it may not settle without the consent of the Municipality, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or .immunity otherwise available to the Municipality, and the Company in defending any action on behalf of the Municipality shall be entitled to assert every defense or immunity that the Municipality could assert in its own behalf. SECTION 5. ASSIGNMENT. The Company, upon notice to the Munici- pality, shall have the right and authority to assign all rights conferred upon it by this franchise to any person. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this franchise. SECTION 6. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the Municipality shall not affect the validity of this franchise. Any governmental unit succeeding the Munici- pality shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the Municipality provided in this franchise. 5 SECTION 7. SEVERABILITY. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected. SECTION 8. NOTICES. Any notice required by this franchise shall be sufficient if, in the case of notice to the Company, it is delivered to Minnegasco, Inc., attention Vice President, Minnesota Operations, 201 South Seventh Street, Minneapolis, Minnesota 55402, and, in the case of the Municipality, it is delivered to: City Q£ S�t�kr3ree 129 E. First Ave. Shakopee, MN 55379 Attn: City Administrator SECTION 9. PREVIOUS FRANCHISES SUPERCEDED. This franchise supercedes all previous franchises granted to the Company or its predecessors. Passed and approved ATTEST: Clerk of the City of Shakopee Minnesota [:1 Mayor of the City of Shakopee Minnesota MEMO TO: Mayor and City Council J FROM: John K. Anderson, City Administrator RE: 1985 Wages & Benefits for Non -Union Employees DATE: December 13, 1984 Introduction A non-union employee meeting was held on Monday, December 10th to discuss wage and benefit alternatives. By consensus, Marilyn and Barry were directed to do some checking with other area communities and the Stanton Surveys as to what appears to be feasible and realistic expectations for 1985. Background The information presented below represents the wage and benefit decisions the non-union employees discussed at their December 12th meeting as summarized by Marilyn and Barry for the group. WAGES In checking briefly with several neighboring communities, non-union staff increases range from 4-6%. the majority are at the same stage as the City of Shakopee at this point and are tentatively projecting 5% wage increases. One suburb did have 6% in its contingency fund, but this also has to cover any fringes. All these cities set non-union wages effective the first of the year even though the majority of unions have not settled. They then work towards a union settlement at the same percentage given to non-union employees. Figgy-backing (waiting to see what unions settle :Cor) does not appear to be commonly used. Based on our limited survey and contacts with other cities as increase of 5% or slightly more is reasonable and justifi- 21 _'as the most practical wage package. ALTERNATIVES 1. Agree to 5% wage increase as per John's proposal (note at the December 10th meeting I explained what other cities were doing and suggested it as the logical non-union wage adjustment). 2. Wait for Union settlements. *Note the employees chose #1. HOLIDAYS Shakopee non-union employees currently receive 10 paid holidays. A sampling of employee holidays follows: Apple Valley, Chanhassen and Burnsville have 11, Prior Lake and Eden Prairie have 9 regular and 3 floating holidays, and Savage and Chaska have 10 (Chaska is closing at 2:00 p.m. on Christmas Eve, the result of a special request to and granted by their City Council). According to the 1984 Stanton Survey, of fourteen cities with 7,000-13,000 population, 79% receive 11 or more holidays. Listed below are two holiday options. ALTERNATIVES 1. 1/2 day holiday for Christmas Eve Day 2. 1 additional floating holiday *Note the employee chose #2 and request the designated holiday to be chosen by a committee of City employees on a yearly basis. As an alternative they would prefer that it be a personal holiday. HEALTH & LIFE INSURANCE BENEFITS At the present time health and life insurance benefits cost the City approximately $186 per month for family coverage. There is a $195/mo. insurance cap in place at this time as a result of the major change in the deductible from $100-200 in 1984. Therefore if insurance costs increase in 1985 above the $195 level, an employee would have to pay the difference in the new rate and the $195/mo. benefit. It cannot be determined exactly how much health insurance costs will increase in 1985, but based on previous years it is likely there will be some type of increase. ALTERNATIVES 1. Request the City to pay for any insurance premium increases above the present $195/mo. cap. up to $205/mo. if the insurance carrier increases rates in April. 2. No increase in City's contribution to Health & Life Insurance. *Note, to protect employees from having to pay for any insurance costs in 1985, employees chose #1. Recommendation I recommend the 5� non-union wage increase because it will match that of other Metro area cities thus maintaining the present pay philosophy of using the Metro average. There is money budgeted for this in 1985 (3% in the division budgets and 2% in contin- gencies). The U.S. C.P.I. increase for the 12 months ending October is 3.6% and 4.6% for Minneapolis/St. Paul. Cy Smythe of Labor Relations Associates said the non-union wage adjustments for 185 are 5% for the Metro area. In addition, Cy said that the $10 increment on Health Insurance has been the norm. This item is also included in the 1985 budget. With regard to the additional holiday all I can say is that our non-union employees clearly know what other communities are doing. They also feel that this would be a key item in further equalizing benefits since Police and Public Works have 11 holidays. I suggest that it is time to make the change in whatever form Council would prefer to see it implemented. Action Reaues_ted 1. Approve Resolution No. 2355, A Resolution adopting the 1985 pay schedule for the officers and non-union employees of the City of Shakopee, Minnesota, based upon a 5% across the board increase effective January 1, 1985, and amend Resolution No. 1571 Section 9 "Group Life Insurance" setting the maximum monthly City contribution for employee Health, Life and Long Term Disability premiums at $195/mo. effective January 1, 1985 or at $205/mo. if the carrier increases the rate in April of 1985. 2. Direct staff to draft a resolution amending Section 15 Subd. 3 "Holidays" by adding an 11th paid holiday. JKA/jms A RESOLUTION ADOPTING THE 1985 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE, MINNESOTA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Administrator be and the same is hereby authorized to issue warrants upon the City Treasury, from and after January 1, 1985 or other date as specified and payable to the duly elected, appointed, or hereby designated and appointed non-union employees of the City of Shakopee, in accordance with the attached 1985 pay schedule dated January 1, 1985 heretofore adopted, or hereinafter adjusted. BE IT FURTHER RESOLVED, that all aforesaid disbursements shall be made subject to the prevailing conditions of employment and satisfactory performance of all the respective duties and responsibilities as specified in the State Law, City Code and Resolutions as adopted, or amended and supplemented from time to time by the Council. BE IT FURTHER RESOLVED, that the City contribution for health, life and long-term disability insurance and/or an indi- vidualized health care account as may be provided by Council, shall be no more than $195 per month effective January 1, 1985 or $2Z5 ncwo4th �.�. r--��� effective April 1, 1985 if the City nsurance cagier increases its� nthly premiums � -6 n_ W4.0 n cwt. rN.�x:l,�. - BE IT FURTHER RESOLVED, that all Resolutions in conflict with this Resolution are here3y repealed and terminated, effective January 1, 1985. Adopted in the City of Shakopee, ATTEST: City Clerk Minnesota, 1g session of the City Council of held this day of Mayor of the City of Shakopee Approved as to form this _ day of , 19 City Attorney 4�o( 1985 PAY SCHEDULE January 1, 1985 Mayor Councilpersons City Employees — Permanent/Full Time City Administrator Salary $ 4,200 3,600 Positions Authorized 1 5 (per agreement 4/17/814) 46,200 1 City Engineer Superintendent of Public Works Building Official Police Chief Finance Director Community Services Director (City share of Community Development Director C i't y G're r Engineer Tech II (Aid IV) Engineer Tech I (Aiv III) City Planner Senior Accounting Clerk Accounting Clerk Secretary Senior Clerk Typist See attached 1985 Department Head Pay Ranges 1 " 1 n 1 " 1 " 1 .3, V r 1 n 1 J &-e-- c --L. tt-L L e e 1 J —3 r 1 e7c-I 1 a C cl Cl Pay Ranges 1 it 2 if 1 See attached 1985 Clerical Pay Ranges 1 if 1 n 4 it 2 City Employees - Permanent/Part Time City Attorney Senior Custodian Custodian vire thief - Assistant Fire Chief (2nd) Fire Department Engineer F tr a 2nd Asst. 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P m o 0 •r-1 m Q) > IL, Cd .r•I U) >> P x E C m r 1 4D m i, Cd m 13 3 4D C 0 w Q) a) Q) +J cd ri Q) P I G t.. 40 'd S.. Q)S» > S4 _4 � +-) Cd I z H N A r -Ix P, d P, Q) E •r-1 I 0 O r, d H -1 0 +' +� f-, CO -P U) ri I U U w m Q) C) o8 0 -r-t O ,O + 3 •r ) 1 w PQ 0 _4\ •r1 Cd 0\ •r1 O u •ri •r1 4-1 U z m �-r +J 4H Q) m d I +� 4, • +J x u P, r -i u 0\ Q) •ri Cd x E >> Q) +) u C 4- •H 0 m >> •r-1 S, n +� •ri ri P F, E -N -P P. m d cd +J ri ^ J +J 0 •r-1 C m Q) 0 0 f4 Q) 0 •r 1 o •r1 ca o .r-1 o a) (1) +J +J •r1 r 'd Z �:s a •ra a) _C� o rl O r -i '-. c o x ,c: P, Pa O O P, Gr. P, 0 u Z A rd U) U) u O Cd N P ( , 4-1 u 0 •r1 0 P. O H H f=. +J +-) o r. r -I N D\ r -I r -I 0\ ri O\ O O r -I N M --t U\ ri H r -i N M M U\ U\ \O W �.• •� •� �.• •.� CITY OF SH�AKC, INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: Jahn K. Anderson, City Administrator FROM: H. R. Spurrier, City Engineer ' SUBJECT: County Road 83 Widening, Contract 84-9 DATE: December 18, 1984 INTRODUCTION: Attached is Change Order No. 1 and a recommendation from Barton- Aschman Associates, Inc. for the above referenced project. BACKGROUND: In order to conform with Scott County permit No. 680, a by-pass lane must be constructed along County Road 83. The Contractor, C. S. McCrossan, Inc. the work as9 has agreed to perform part of the above project, for the unit prices stated in the Change Order No. 1 attachment. ACTION REQUESTED: A motion to authorize proper City officials to execute Change Order No. 1 far County Road 83 Widening (Contract No. 84-9) increasing the contract amount by $6,128.10 to $168,841.85. FS/pmp CHORDI CHANGE ORDER Change Order No.: 1 Project Name: County Road 83 Widening Date: October 15, 1984 Contract No.: 84-9 Original Contract Amount $ 162,713.75 Cntr",. '}nru'Ivo. -- $ 0 Total Funds Encumbered Prior to Change Order $ 162,713.75 Description of Work to be (Added/Deleted): Construct By-pass lane in accordance with plan entitled "12th Avenue & County Road 83 Intersection Revisions" dated 9-11-84 and with Scott County Permit No. 680. Estimated quantities shall be in accordance with attached recommendation of Change Order No. 1 by Barton-Aschman Assoc., Inc. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increased/ig) by $ 6,128.10 The number of calendar days for completion shall be (increased/decreased) by 0 Original Contract Amount $__ 162.713.75 Change Order(s) No. 1 thru $ 6_,128.10 Total Funds Encumbered $ 168, 841.85 Completion Date: June 28, 1985 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: � 1 By: NOV 1984 Title:7 �7 -fid►01 � -- Date: L 1lC�PoQ,S 1lrC, APPROVED AND RECOMMENDED: rN City Engineer Date APPROVED: City of Shakopee By: Mayor Date Approved as to form this City Administrator Date City Clerk Date City Attorney day of 19 CHANGE ORDER 1 Date Oct. 16, 1984 Contractor C.S. McCrossan Inc. Job No. 84-9 Address Box 247, 7865 County Rd 18 N Maple Grove MN __55369 Job Location- City of Shakopee Authority is Hereby Granted for the Followino Field Chance: DESCRIPTION (Including exact location and nature of chance) Construct by-pass lane in accordance with the plans and Scott Co. Permit No. 680. Due to this change the Contract Time is increased by 0 (Working) (Calendar) days. ESTIMATED CHANGE IN COST Item No. IUnit Item Name I Unit I Quantity I Price Amount I More 2104.50'5 Remove Bituminous Pavementic.y S. V 678 �i s o &/"/-7 ooh 2105.507 Subgrade Excavation � h � ¢_� o �52_«� d �).ZuU4 Y!-tuminous Material for Mixture Ton 5 igS.vo X25.0 2331 .510 2341.504 Binder Course Mixture Bituminous Material for Mixture Ton 112 y.9v ; io8.8o 2341.508 Wearing Course Mixture - Ton Ton 7 112 ir3s.o�� -7. 5io 12 95.0 /1 0 s. � o 2357.502 2575.505 Bituminous Material for Tack Coat Gal. 51 r;s - -7&.so Sodding S. Y 203 So 304 -.so SUB -TOTALS ( S Total Estimated Cost to be -2 F,, ( O more than (,mP,.lo orginial estimate. ccepted by: Dresent ve of Contractor Issued by: Date esiqn `E gineer Title Approved by: Amount Less 5 %G1 /7 Date ate C== TY OF SHA_KQPEE INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administra FROM: H. R. Spurrier, City Engineer SUBJECT: Valley Park Drive and 12th Avenue Project No. 1984-5 DATE: December 18, 1984 INTRODUCTION: �S Attached is Partial Estimate Voucher No. 3 and Change Order No. 3 for the above referenced project. BACKGROUND: Partial Estimate Voucher No. 3 and Change Order No. 3 require Council approval. Attached also, is a letter from Barton-Aschman, Inc. which summarizes the cast status of the project. ACTION REQUESTED: A motion to authorize proper City officials to execute Change Order No. 3 for Valley Park Drive and 12th Avenue, Project No. 1984-5 increasing the Contract amount by $6,535.95, to $771,692.45. A motion to authorize payment of Partial Estimate Voucher No. 3 to Richard Knutson, Inc. in the amount of $115,440.01. FJS/pmp VPDEST3 Change Order No.: Date: 10-9-84 Original Contract Amount V � CHANGE ORDER Street Construction .... Valley Project Name: Park Drive ..... and 12th Avenue Contract No.: 1984-5 Change Order(s) No. 3 thru No. 3 Total Funds Encumbered Prior to Change Order $ 755,156.50 $ 6,535.95 $ 765,156.50 Description of Work to be (AddedJAXN}W: Exchange 18" RCP culvert outfall system in Lot 1, Block 4 of Valley Park lst Addition with a 21" RCP storm sewer system within the available public right-of-way as shown in the attached drawing, in accordance with the attached itemized cost schedule,. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increased/*DD209a@&) by $ 6,535.95 The number of calendar days for completion shall be (increased/decreased) by 0 Original Contract Amount $ 755,156.5 �hange Order(s) No. 1 thru 3 $ 16,535.95 No. 1 is recinded) Total Funds Encumbered $ 771,692.45 Completion Date: June 28, 1984 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. REVIEWED: Contractor: Richard Knutson Inc By: Title: ff.c�� Date:_ -- -/ - Q --/ RECOMMENDED: ice' Eftineer APPROVED: City of Shakopee By: Mayor City Administrator City Clerk Shakopee Public Utilities Commission Manager Date *RECbNV=DP�VAL: te -/ -— Design Engineer Date Date Approved as to form this Date Date Ci -y Attorney day of 19 .Civil Engineers Land Surveyors Planners Valley Engineering Co., Inc. (612) 447-2570 October 9, 1984 STORM SEWER REDESIGN Sta 42+47 Valley Park Drive DELETIONS ITEM UNITS Jacked 18" RCP CZ. 5 Under Rail L.F. 18" RCT C2. 5 L.F. 18" Conc. Apron Each Subtotal ADDITIONS ITEM UNITS Jacked 21" RCP CL. 4 in Steel Casing or Jacked 21" RCP 4000 D Load L.F. 21" RCP CL.4 (including insulation & traffic control) L.F. 21" Conc. Apron Each Standard Manhole Each Remove Pavement S.Y. Agg. Base Modified CL. 5 Ton 2" MnDOT 2331 Binder Ton Subtotal TOTAL ADDITIONS MINUS DELETIONS QUANTITY 40 21v 3 QUANTITY 40 248 1 1 20u 75 25 P.O. Box 478, Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 UNIT PRICE $ 129.00 $ 21.65 $ 650.00 UNIT PRIG $ 165.00 $ 35.10 $ 1,U35.00 $ 925.00 $ 1.00 $ 5.30 $ 21.u0 TOTALS $ 5,160.00 $ 4;741.35 $ 1,950.00 $ 11,851.35 TOTALS $ 6,60u .0o 8,704.80 $ 1,035.00 $ 925.00 200.00 397.50 $ 525.00 $ 18,.187.30 $ 6,535.95 PARTIAL T;STIVdtTE VOUcaI•at q Contract No. 1984-5 Partial Estimate Voucher No. —3 — , l --Hud E'ndin;: Nov. 30, 1984 TO: Contractor Richard Knutson, Inc. Address 201 Travelers Trail, Burnsville, MN' -55337 Project Description Valley Park Drive and 12th Avenue - Project 1984-5 1. Original Contract Amount ME2. Change Order No. 1 Thru No. 3. Total Funds Encumbered k. Value of Work Completed 5. 5 Percent Retwinuge 6. Previous Payments 7. Deductions or Charges 8. Total Payment Due (Line h - Line 8) $ $ 517,321.79 $ 755,156.50 16,890.70 $ 772,047.20 Value of work remaining $ 105,627.40 Percent Complete Cl:i;7'I }'I Cn'1'i: (►Ir PA'i NEMIT (I, We) hereby agree that, the quantil.y and valu,' "I' u.>r1: :ai,iiu h�:rr:in i:, a fair estirmnte of the work compi/cted to date. 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M I U C7 r- rt7 i I - a. a. -Q fo O M i r0 i Cl r i c CL 0 0 O O a oZ5 S.- --i U j O QJ S- d' U) c:3 a) O QJ r -0 C cn i +� +' r•• J C 4J c Oi r to O U O i 4--) :::J- 0 V) co Lo � r N OO O N u V i N O M In N U E O �t M O O �' U N r O Cn r� ci � �} qqU L V) N � C W r- 1 O o 0 0 0 Lo O O N OO Lt N r" W O M In M m Ll� O �t M N O Ln Cl) _ N r O Cn r� M �} C) r C r " r � O N r r C7 M N i LO LO C) LO r� M CC) N O O O O O CO O O O C• Lt In O O M N r� o m ma=—T, O co r r N O O o 0 O r O O L� LI; L� Ll� �D M Cl) _ N r C) r LI v v v> J J W W J O = i OU 73 M C N ct Y Z3 U GJ U E • U 4- O i 4J > QJ U .r. M U C7 r- rt7 i 4J -Q fo O M i r0 i Cl r i r— CL 0 0 O O a oZ5 S.- --i ct -C= O QJ S- d' U) c:3 a) O QJ r -0 C cn +� r•• J C 4J Oi r to O U O i rp > > > O N r3 O r r U O CL 4--) C i QJ .u ro U rII i-> (j r 4-) O (t O U 7N= N• N N I— O F /o Adm Memo To: John K. Anderson, City Administrator From: Gregg M. Voxland, Finance Director Re: Bond Sale Date: December 18, 1984 Introduction & Background Council has authorized proceeding with bond sales for 1983/4 improvements and the 1984 5th Ave. Sewer Project. Accordingly bids were opened at 2:00 P.M. December 18, 1984 at the offices of Springsted, Inc. There are actually two issues but were combined for bidding. The bids were: M H Novick $130,179.17 Mpls. 8.7295 Net Interest Interest Rate First Minneapolis 132 554.58 Mpls. 8'8888 Net Interest Interest Rate Allison—Williams 133,971.25 Mpls. 8.9838 Net Interest Interest Rate Piper,Jaffery & Hopwood 134,652.51 Mpls. 9.0295 Net Interest Interest Rate M H Novick is the low bidder. Action Re_quested Request Council offer Resolution No. 2356 and Resolution No. 2357 awarding the sale of bonds to M H Novick. GMV:mmr JAMES P. O'MEARA DIRECT DIAL NUMBER (612) 343-1288 O CO N N O R & HAN NAN ATTORNEYS AT LAW 3800 1 DS TOWER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402-2254 (612) 341-380C) TELEX 29-OS84 TELECOPIER 612 341-3800 (256) December 14, 1984 Mr. John Anderson City Administrator Ms. Judith Cox City Clerk City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 SUITE 800 1919 PENNSYLVANIA AVENUE, N. W. WASHINGTON, D. C. 20006-3483 (20 2) 887-1400 SUITE 4700 ONE UNITED BANK CENTER 1700 LINCOLN STREET DENVER, COLORADO 80203 (303) 830-1700 VELAZOUEZ, 21 MADRID 1, SPAIN 431-31-00 TELEX 23343 1 w 1 19$4 Re: $120,000 G.O. Improvement Bonds, Series 1985A, and $135,000 G.O. Sewer Revenue Bonds, Series 1985A, of the City of Shakopee Dear John and Judy: Please 18 Shakopee the sale of s requires each bidder security for the of minutes contains sue. is certificates of think for this purpose, nd file it separately, (which covers both you indicated that assessed you didn't Drem levy. However, State law, and parti- .Dringsted's recommenda- nber of years which :he interest rate), tax levies in the find enclosed an extract of minutes for the December City Council meeting authorizing the issuance and the abov(B-mentioned Springsted's Invitation for Proposal to bid on both bond issues, but since the issues is different, the enclosed extract two separate resolutions, one for each is Also enclosed are two County Audito filing the respective resolutions, and I you can simply pull out each resolution a backed by the City Clerk's certification resolutions). John, in our discussion yesterday, since the improvement projects were 100% think there would be a need for an ad vale given the 5 percent over levy required by cularly with reference to Exhibit II of S] tions, there is a very small levy in a nui will probably be necessary (depending on and I have accordingly provided for those resolution for the Improvement Bonds. f Mr. John Anderson Ms. Judith Cox December 14, 1984 Page 2 Please don't hesitate to contact me if you have any com- ments on the enclosed. Pme s very t uly,f�; - s P. O'Meara JOM/pf Enclosure cc: Nancy Langness Rod Krass Extract of Minutes of Meeting of the City Council of the City of Shakopee County of Scotty Pursuant to due call and notice thereof, a regular meet= ing of the City Council of the City of Shakopee, Minnesota, was duly held in the Shakopee City Hall on December 18, 1984, commencing at 7:30 o'clock p.m., C.T. The following members of the Council were present: and the following were absent: The Mayor announced that the meeting was convened in part for the consideration of the proposals which had been received for the purchase of the City's $135,000 General Obligation Sewer Revenue Bonds, Series 1985A, and $120,000 General Obligation Improvement Bonds, Series 1985A, as advertised for sale pursuant to the Invitation for Proposals, dated December 7, 1984 (the "Invitation for Proposals"), and prepared for the City by Springsted Incor- porated. Under the Invitation for Proposals, bidders were required to make a single proposal for both the Improvement Bonds and the Sewer Revenue Bonds. The proposals were as follows: thereof, shall bear interest as set forth below, all inter- est payable August 1, 1985, and semiannually thereafter on February 1 and August 1 in each year, and shall bear inter- est at the rates per annum and mature serially on February 1 in the years and amounts as follows, respectively: Year Amount Year Amount 1986 $10,000 1991 15,000 1987 10,000 1992 15,000 1988 10,000 1993 15,000 1989 10,000 1994 15,000 1990 15,000 1995 20,000 All Bonds maturing after February 1, 1991, are subject to redemption at the option of the City on said date and on any interest payment date thereafter in inverse order of maturi- ties at par plus accrued interest to date of redemption. If not all of the principal amount of Bonds of the same matur- ity are called for redemption, the Bond Registrar (herein- after defined) shall assign a separate number to each $5,000 multiple of each Bond of that maturity, shall select the redemption amount by lot therefrom, and shall authenticate and deliver to each Registered Holder of a Bond partially redeemed thereby a new Bond in the remaining principal amount not so redeemed. 3. Both principal of and interest on the Bonds shall be payable by , in the City of , which shall also act as registrar and transfer agent for the Bonds, or by its duly appointed and qualified successor thereto (such agent or successor herein referred to as the "Bond Registrar"), and the City shall pay the reasonable charges of the Bond Registrar for such services. 4. The Bonds shall be in substantially the following form: - 4 - No. R - UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE GENERAL OBLIGATION SEWER REVENUE BOND, SERIES 1985A RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP January 1, 1985 The City of Shakopee, Scott County, Minnesota (the "City"), hereby acknowledges itself to be indebted and, for or registered assigns (the "Registered Owner"), upon pre- sentation and surrender hereof, the principal sum of DOLLARS on the maturity date specified above, or on any earlier date on which this Bond may be and shall have been duly called for prior redemption, and to pay interest to the Registered Owner from the date hereof on such principal sum, until paid, at the per annum rate of interest specified above, all interest payable on February 1 and August 1 of each year, commencing August 1, 1985 (the "Interest Payment Dates"). Both principal of and interest on this Bond are payable by , in the City of , or by its duly appointed successor as paying and authenticating agent and registrar for the Bonds (the "Bond Lo_ a._,� c atn_ nr r>>rren�vl of the U -n- teri State_% of America which on the date of payment is legal tender for public and private debts. On each Interest Payment Date the Bond Registrar will pay the interest then due on this Bond by mailing to the Registered Owner's address a check or draft made payable to the Registered Owner, as such name and address of the Registered Owner appear on the registration books of the City maintained for the Bonds by the Bond Registrar (the "Bond Register") at the end of the 15th day of the month prior to such Interest Payment Date. (If provisions of the Bonds are to be printed on the reverse side thereof, the face of the Bonds shall contain the fore- going provisions, the last two paragraphs of the Bonds, the signatures of the City officials executing the Bonds, and the seal o'f the City / i f the save is to L!a printed or, the Z - 5 - ; lt�.iai ''hire 11 CnrL -ZX&11V-L-1 -1i1 L111re 'in:Mre 1ji L re designated transferees a new registered Bond or Bonds of the same aggregate amount, maturity, rate of interest, and other terms hereof. Only the Registered Owner shall be entitled to receive the principal of and interest on this Bond, and the City and the Bond Registrar may treat the Registered Owner as the absolute owner hereof for all other purposes whatsoever. IT IS HEREBY CERTIFIED AND RECITED that all acts, condi- tions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Bond have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebt- edness of the City to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of its Mayor and City Administrator; has caused this Bond to be executed manually by the Bond Registrar, as the City's duly appointed authen- ticating agent for the Bonds; has caused the official seal of the City to be omitted from this Bond as permitted by law; and has caused this Bond to be dated January 1, 1985. (OMIT SEAL) (facsimile signature) (facsimile signature) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds designated herein and issued pursuant to the resolution authorizing its issuance and delivery. Bond Registrar Date of Authentication: By Its Authorized Signature - 7 - ASSIGNMENT FOR VALUE RECEIVED, the undersigned, hereby sells, assigns, and transfers unto (Tax Identification or Social Security No. ) this Bond and all rights thereunder and hereby irrevocably constitutes and appoints , as attorney of the undersigned, to transfer this Bond on the Bond Register with full power of substitution. Date: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of this Bond in every particular, without alteration, enlargement, or any other change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm which is a member of a major stock exchange. The Bond Registrar will not transfer this Bond unless the following information on the transferee is provided (including such information on all joint owners if the Bond(s) are to be held by joint account): Name and Address: The following abbreviations, when used in the inscrip- tion on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in City UNIF GIFT MIN ACT TEN ENT - as tenants by the Custodian entireties (Cust) (Minor) under Uniform Gifts to Minors JT TEN - as joint tenants with right of survivorship Act of and not as tenants in (State) City Additional abbreviations may also be used though not in the above list. (End of Bond Form) 5. The City Clerk shall obtain a copy of the proposed approving legal opinion of bond counsel, O'Connor & Hannan, of Minneapolis, Minnesota, which shall be complete except as to dating thereof, shall cause such opinion to be filed in the offices of the City, and shall cause said opinion to he printed on each of the Bonds, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the following form: I hereby certify that the foregoing is a full, true, and correct copy of the legal opinion exe- cuted by the above-named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of delivery of the Bonds. (facsimile signature) City Clerk City of Shakopee, Minnesota 6. The Bonds shall be executed on behalf of the City by the facsimile signatures of the Mayor and the City Admin- istrator and shall be duly authenticated by the manual sig- nature of an authorized representative of the Bond Regis- trar, hereby designated by the City as its authenticating agent for the Bonds pursuant to Minnesota Statute, Section 475.55, Subdivision 1. The Bonds, when fully executed, shall be delivered by the City Finance Director to the Pur- chaser upon receipt of the purchase price, and the Purchaser shall not be obligated to see to the proper application thereof. 7. The City shall continue to operate its Sewer Fund, to which it shall credit all gross revenues of the City's sewer system (the "System") and from which it shall pay all normal and reasonable operating expenses of the System. The amounts in such Fund which are not needed for current oper- ating expenses and which are not pledged or appropriated to the payment of other bonds of the City shall be deemed net - 9 - revenues of the System ("Net Revenues"). There is hereby created on the books of the City a $135,000 General Obliga- tion Sewer Revenue Bonds, Series 1985& Fund (the "Debt Ser- vice Account") which shall be used exclusively for, and funds deposited therein from time to time are hereby pledged to, the payment of the principal of- and interest on the Bonds, when due. The City hereby pledges the Net Revenues of the System for the payment of the debt service on the Bonds, when due, and shall deposit the same into the Debt Service Account when, as, and to the extent so needed. 8. The City Council hereby covenants that so long as the Bonds remain outstanding and unpaid, the City will: (a) continue to maintain and officially operate the System as a public utility and to cause all revenues therefrom to be credited to and accounted for in the Sewer Fund and the Debt Service Account as hereinabove provided; (b) keep and maintain proper and adequate books of record and account on the System, which shall be open to inspection by any bond holder at any reasonable time; (c) cause all persons handling revenues of the System to be bonded in reasonable amounts; (d) keep the System insured at all times against loss by fire, tornado, and other risks cus- tomarily insured against; (e) cause all officers and employees of the City to punctually perform their respective duties relating to the operation and maintenance of the System, as may now or hereafter be re- quired by the lows of the State of Minnesota; (f) impose and collect charges of the nature authorized by Minnesota Statutes, Section 444.075, at the times and in the amounts re- quired to produce Net Revenues adequate to pay all principal of and interest on the Bonds, when due. 9. It is hereby determined that the estimated collec- tions of the Net Revenues will produce at least 5% in excess of the amount needed to meet, when due, the principal of and no_ tpx levv is needed at this time. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor of Scott County, Minnesota, and to obtain the certificate required by Minne- sota Statutes, Section 475.63. - 10 - syn., . rl!,h% -.n- i -'n"'L�t:a�illiy-priw�"L J nfL '-Uh t City are hereby pledged to the payment of the principal of and interest on the Bonds, and in the event of any currrent or anticipated deficiency of funds in the Debt Service Account of amounts needed to make- any such payment, when due, the City Council shall levy ad valorem taxes on all taxable property in the City in the amount of such defi- ciency. '12.. r"17, ,- 'Uff i LL' cTf 'U5i '- cit is t Cy -cr ct sits CcL ii y 'a u'' � iit3i i t!' u 'aim directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceed- ings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and to furnish such other certificates, affidavits, and transcripts as may be required to show facts within their knowledge or as shown by the books and records in their custody and under their control relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 12. The Mayor, the City Administrator, and the City Finance Director are hereby authorized to certify that they have examined the Invitation for Proposals prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the same is a complete and accurate representation of the facts and representations made therein as they relate to the City. 13. The City covenants and agrees with the holders from time to time of the Bonds that the City will not take or permit to be taken by any of its officers, employees, or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Reve- nue Code of 1954, as amended, and regulations issued there- under, as now existing or as hereafter amended or proposed and in effect at the time of such action. 14. When any Bond has been discharged as provided in this paragraph, all pledges, covenants, and other rights granted by this Resolution to the holder(s) of such Bond shall cease, and such Bond shall no longer be deemed to be outstanding under this Resolution. The City may discharge its obligations with respect to any Bond which is due on any date by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds by depositing with the Bond Registrar on or before the duly declared date of prepayment an amount equal to the principal and interest then due, provided that notice of such redemption has been duly given according to law. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by lair as an escrow acent_ fz-r- th�� T�1i1T_�i��P_ �_a h. which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and matur- ing on such dates as shall be required to pay all principal and interest on such Bonds as the same become due. 15. The City Council hereby finds and determines that the Bonds are being issued to finance improvements to the City's sewer system, which improvements have been duly authorized and undertaken pursuant to Minnesota Statutes, Chapter 444. The cost of such improvements and the related costs of the financing thereof are as follows: Construction $ 140,000 Engineering and Overhead 26,000 Bond Issuance Costs 5,625 Bond Discount 2,600 Miscellaneous 775 Total Required Financing $ 175,000 Less: Other Revenues $ 40,000 Net Required Financing $ 135,000 16. The City has not negotiated the sale, without public advertisement thereof, of its obligations within the last 90 days and is therefore authorized, pursuant to Minne- sota Statutes, Section 475.60, Subdivision 2(2) to negotiate the sale of its $255,000 General Obligation Bonds, con- sisting of the Bonds and the City's $120,000 General Obliga- tion Improvement Bonds, Series 1985A, pursuant to the Invitation for Proposals. Adopted in adj. reg. session of the City Council of the City of Shakopee, Minnesota, held this 18th day of December, 1984. ATTEST: Mayor oft e City of _5akopee City Clerk --------------- Approved as to form this day of 19-947— City Attorney -------------- C) � The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. - 13 - " ,I --b to G4- 0 Following adoption of the foregoing resolution respect- ing the City's $135,000 General Obligation Sewer Revenue Bonds, Series 1985A, Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 2356 RESOLUTION AWARDING THE SALE OF $120,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1985A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. BE IT RESOLVED By the City Council of the City of Shakopee, Minnesota, as follows: 1. The proposal of (the "Purchaser") to purchase the City's $120,000 General Obligation Improvement Bonds, Series 1985A (the "Bonds"), as described in the Invitation for Proposals thereof, is hereby found and determined to be the highest and best proposal received and shall be and is hereby accepted, such bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, the Bonds to bear interest, to mature in the years and amounts, and to be subject to such other terms and conditions as hereinafter provided. The sum of $ , being the amount bid in excess of $117,960, shall be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds and to return the checks of the unsuccessful bidders forthwith. 2. The City of Shakopee shall forthwith issue and sell its General Obligation Improvement Bonds, Series 1985A in the total principal amount of $120,000. The Bonds shall be dated January 1, 1985, shall be fully registered without coupons and shall be numbered R-1 et seg., shall be in the denomination of $5,000 each, or in integral multiples thereof, shall bear interest as set forth below, all inter- est payable August 1, 1985, and semiannually thereafter on February 1 and August 1 in each year, and shall bear inter- `W'r.�.'.. years and amounts as follows, respectively: YEAR AMOUNT RATE YEAR AMOUNT RATE Bank 1986 $10,000 % 1991 $15,000 % 1987 $10,000 1992 $15,000 1988 $10,000 1993 $15,000 1989 $15,000 1994 $15,000 1990 $15,000 All Bonds maturing after February 1, 1991, shall be subject to redemption at the option of the City on said date and on any interest payment date thereafter in inverse order of maturities at a price of par plus accrued interest to date of redemption. If not all of the principal amount of Bonds of the same maturity are called for prepayment, the Bond Registrar (hereinafter defined) shall assign a separate number to each $5,000 multiple of each Bond of that matu- rity, shall select the prepayment amount by lot therefrom, and shall authenticate and deliver to each Registered Holder of a Bond partially redeemed thereby a new Bond in the prin- cipal amount not so redeemed. 3. Both principal of and interest on the Bonds shall be payable by Bank 'in the City of 01Minnesota, which shall also act as registrar and transfer agent for the Bonds, or at the office of any duly appointed and qualified successor thereto (such agent or successor herein referred to as the "Bond Registrar"), and the City shall pay the reasonable charges of the Bond Registrar for such services. 4. The Bonds shall be in substantially the following form: No. R- $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1985A RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP January 1, 1985 The City of Shakopee, Scott County, Minnesota (the "City"), hereby acknowledges itself to be indebted and, for value received, promises to pay to - 2 - or registered assigns (the "Registered Owner"), upon pre- sentation and surrender hereof, the pri-ncipal sum of DOLLARS on the maturity date specified above, or on any earlier date on which this Bond may be and shall have been duly called for prior redemption, and to pay interest to the Registered Owner from the date hereof on such principal sum, until paid, at the rate of interest specified above, all interest payable on February 1 and August 1 of each year, commencing August 1, 1985 (the "Interest Payment Dates"). Both prin- cipal of and interest on this Bond are payable by in the City of Minnesota, or at the office of its duly appointed successor as paying, authenticating, and transfer agent and registrar for the Bonds (the "Bond Registrar"), in any coin or currency of the United States of America which on the date of payment is legal tender for public and pri- vate debts. On each Interest Payment Date the Bond Regis- trar will pay the interest then due on this Bond by mailing to the Registered Owner's address a check or draft made payable to the Registered Owner, as such name and address of the Registered Owner appear on the registration books of the City maintained for the Bonds by the Bond Registrar (the "Bond Register") at the end of the 15th day of the month preceding such Interest Payment Date. (If provisions of the Bonds are to be printed on the reverse side thereof, the face of the Bonds shall contain the fore- going provisions, the last two paragraphs of the Bonds, the the seal of the City (if the same is to be printed on the Bonds), and the following paragraph shall be inserted on the face of the Bonds immediately preceding the above-mentioned final two paragraphs: REFERENCE IS HEREBY MADE TO THE ADDITIONAL PROVISIONS OF THIS BOND WHICH ARE SET FORTH ON THE REVERSE SIDE HEREOF.) All Bonds of this issue maturing after February 1, 1991, are subject to redemption at the option of the City in in- verse order of maturities on said date and on any interest payment date thereafter at a price of par plus accrued in- terest to date of redemption. If the City elects to prepay a principal amount of Bonds which results in not all of the principal amount of Bonds of the same maturity being called for prepayment, the Bond Registrar shall assign a separate - 3 - number to each $5,000 multiple of each Bond of that matu- rity, shall select the appropriate prepayment amount by lot therefrom, and shall authenticate and deliver to each Regis- tered Holder of a Bond partially prepaid thereby a new Bond in the principal amount not so prepaid. Notice of any prior redemption of this Bond shall be given in the manner re- quired by law and shall be mailed to the Registered Owner no less than 15 days prior to the date of redemption. This Bond is one of an issue of fully registered Bonds without interest coupons in the total principal amount of $ 1 b , b'b , all of like date anis tCnol e icr_-ptc aS Lu Tuat"a'L it j , principal amount, interest rate, redemption privilege, and registration number, all issued by the City for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and is payable primarily from special assessments levied or to LUL- 1-L- V-1-et aj cili 3t 'ViiP-ti LL y }J.* this Bond constitutes a general obligation of the City, and, to prov•iae moneys Tor 'tne -prompt a-n-a `rtuii -lscrynrun vi iirc principal of and interest on all of the Bonds as the same become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the tax- able property in the City without limitation as to rate or amount. This Bond may be transferred or exchanged, but only upon the Bond Register and only by the Registered Owner or its attorney duly authorized in writing, upon surrender hereof together with a duly executed written instrument of transfer satisfactory to the Bond Registrar, whereupon the Bond Reg- istrar shall authenticate and deliver in the name of the designated transferees a new registered Bond or Bonds of the same aggregate amount, maturity, rate of interest, and other i-prm_s_ he-r-P.n-f__ OnL_ the_ Reaistered Owner shall be entitled to receive the principal of and interest on this Bond, and the City and the Bond Registrar may treat the Registered Owner as the absolute owner hereof for all other purposes whatsoever. IT IS HEREBY CERTIFIED AND RECITED that all acts, condi- tions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Bond have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of - 4 - its actual issuance and delivery, does not cause the indebt- edness of the City to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of its Mayor and City Administrator; has caused this Bond to'be executed manually by the Bond Registrar, as the City's duly appointed authen- ticating agent for the Bonds; has caused the official seal of the City to be omitted from this Bond as permitted by law; and has caused this Bond to be dated January 1, 1985. (OMIT SEAL) _ (facsimile signature) (facsimile signature) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds designated herein and issued pursuant to the resolution authorizing its issuance and delivery. Date of Authentication: Bond Registrar By Authorized Signature ASSIGNMENT FOR VALUE RECEIVED, the undersigned, hereby sells, assigns, and transfers unto (Tax Identification or Social Security No. ) this Bond and all rights thereunder and hereby irrevocably constitutes and appoints as attorney of the undersigned, to transfer this Bond on the Bond Register with full power of substitution. Date: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of this Bond in every particular, without alteration, enlargement, or any other change whatsoever. - C� - Signature Guaranteed: Signature(s) must be guaranteed by a- national bank or trust company or by a brokerage firm which is a member of a major stock exchange. The Bond Registrar will not transfer this Bond unless the following information on the transferee is provided (including such information on all joint owners if the Bond(s) are to be held by joint account): Name and Address: the inscrip- The following abbreviations, when used in ped as though tion on the face of this Bond, shall be constrc >licable laws they were written out in full according to apr or regulations: ACT - TEN COM - as tenants in common UNIF GIFT MIN ;todian TEN ENT - as tenants by the Cu: (Minor) entireties (Cust) Gifts to Minors under Uniform JT TEN - as joint tenants with right of survivorship Act of and not as tenants in (State) common ugh not in the Additional abbreviations may also be used tho above list. (End of Bond Form) f the proposed S. The City Clerk shall obtain a copy o nnor & Hannan, _ approving legal opinion of bond counsel, O'Co Mete except as of Minneapolis, Minnesota, which shall be comr- :o be filed in to dating thereof, shall cause such opinion opinion to be the offices of the City, and shall cause said certificate to printed on each of the Bonds, together with a City Clerk in be signed by the facsimile signature of the substantially the following form: s a full, I hereby certify that the foregoing i nion exe- true, and correct copy of the legal opi 6 - cuted by the above-named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of delivery of the Bonds. (facsimile signature) City Clerk City of Shakopee, Minnesota 6. The Bonds shall be executed on behalf of the City by the facsimile signatures of the Mayor and the City Admin- istrator and shall be duly authenticated by the manual sig- nature of a duly authorized representative of the Bond Registrar, hereby designated by the City as its authenti- cating agent for the Bonds pursuant to Minnesota Statutes, Section 475.55, Subdivision 1. The Bonds, when fully exe- cuted, shall be delivered by the City Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obligated to see to the proper appli- cation thereof. 7. There is hereby created* on the books and accounts of the City a separate construction fund (the "Construction Fund") which shall be used solely to defray the expenses incurred in making the improvements (the "Improvements") financed in whole or in part from the proceeds of the Bonds and to pay the principal of and interest on the Bonds which come due prior to completion and payment of all costs of the Improvements so financed. There shall be credited to the Construction Fund (a) the proceeds of the Bonds, except any portion thereof otherwise credited by this Resolution to the Debt Service Fund hereinafter created; (b) any other moneys appropriated by the City Council to the payment of costs of any of the Improvements; and (c) collections of special assessments levied for the improvements, except that such special assessments shall be used and are hereby pledged solely for the payment of the principal of and interest on the Bonds; and when the total cost of any of the Improve- ments has been paid, all subsequent collections of special assessments levied for that Improvement shall be credited to =nd.. inf-ro.. + hQ ripht Sp�v_ire_ Fund hereinafter created. Within the Construction Fund, a separate account for each of the Improvements shall be maintained to record the expendi- tures for that Improvement. When the total cost of all of the Improvements has been paid, the Construction Fund shall be closed, all special assessments then remaining in the Construction Fund shall be transferred to the Debt Service Fund, and any other funds then remaining in the Construction Fund shall be devoted to such purposes as are permitted or required by law. - 7 - 8. The Bonds shall be payable from the General obliga- tion Improvement Bonds, Series 1985A Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of the general taxes hereinafter levied, together with special assessments levied or to be levied for the Improvements hereby irrevocably pieagea`to the - - - financed by the Bonds, are ment of the Bonds, in accordance Debt Service Fund for pay my interest which accrues on the with this Resolution. A eof to the date of their actual Bonds from the date ther ed directly to the Debt Service delivery shall be credit principal of or interest on the Fund. If any payment of .en the funds in the Debt Service Bonds shall become due wh ,sments then held in the Construc- Fund and the special asses to pay the same, the City Finance tion Fund are insufficient :incipal or interest from the gen- Director shall pay such pi le fund of the City, and such fund eral fund or other availab for such advances out of proceeds or funds may be reimbursed the Improvements or from such ad of assessments levied for ted. valorem taxes, when collec ermined that for each of the Im- levy or has levied special assess- tount of at least 20% of the cost ity's share of the cost of the hereby levied a direct, annual, ax levy against all taxable prop - tax levy shall be in the years and Stated being year of levy for col - YEAR LEVY that the estimated collection of the payment of the Bonds and the levies will produce at least 5% in !d to meet, when due, the principal � the Bonds. The City Clerk is Eied copy of this Resolution with :t County, Minnesota, and to obtain by Minnesota Statutes, Section M:= 9. It is hereby det provements the City will ments in the principal an thereof. To pay the C Improvements, there is irrepealable ad valorem t. erties in the City, which amounts as follows (year : lection the following year YEAR LEVY It is hereby determined special assessments for foregoing ad valorem tax excess of the amount needE and interest payments or directed to file a certi. the County Auditor of Scot the certificate required 475.63. or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and matur- ing on such dates as shall be required to pay all principal and interest on such Bonds as the same become due. 16. The City Council hereby finds that the City has undertaken the following improvement projects pursuant to and in full conformity with Minnesota Statutes, Chapter 429, and that the costs of such improvements and the costs of the financing thereof through the issuance of the Bonds are as follows: City 1984. Project No. 82-6 Construction $ 88,425 Project No. 83-2 Construction 16,900 Project No. 84-2 Construction 12,750 Engineering and Overhead 36,900 Bond Issuance Costs 5,625 Bond Discount 2,040 Miscellaneous »n Total Required Financing $162,810 Less: Prepaid Assessments (Principal) $ 42,810 Net Required Financing $120,000 Adopted in adj. reg. session of the City Council of the of Shakopee, Minnesota, held this day of Mayor of the City o S akopee ATTEST: City Clerk Approved as to form this day of , 198-47 y Attorney STATE OF MINNESOTA ) COUNTY OF SCOTT ) ss. CITY OF SHAKOPEE ) I, the undersigned, being the duly qualified and acting Clerk of the City of Shakopee, Minnesota, do hereby certify that I have carefully compared the attached and foregoing copy of a resolution adopted at a regular meeting of the Shakopee City Council held on December 18, 1984, with the original thereof on file in my office, and I further certify that the same is a full, true, and complete copy thereof insofar as the same relates to the issuance and sale of the City's $135,000 General Obligation Sewer Revenue Bonds, Series 1985A, or, alternatively, to the issuance of the City's $120,000 General Obligation Improvement Bonds, Series 1985A, both issues dated January 1, 1985. WITNESS My hand as such City Clerk and the corporate seal of the City this day of , 1984. City Clerk City of Shakopee, Minnesota (SEAL) �=- Law Offices of 1(KRASS,1 E'tSR & WALSTEN Chartered 1314 Suite 300 Marschall Road Business Center 327 South Marschall Road P.O. Box 216 St�akopaCe, Wnnesota 55379 The Honorable Mayor and City Council City of Shakopee 129 East First Avenue Shakopee, MN 55379 %DG Phillip R. Krass Paralegals Barry K. Meyer Barbara J. Hedstrom Trevor R. Walsten Debra A. Karlson Ettzabeth 13. MCLaughttz3 sake R. asa,em r?mhPJJP M..4M&,xenn. 'ZmM%- 4%%Wqxs Of Counsel Wanda Breimhorst Dennis L. Monroe December 17, 1984 Re: Racetrack IDB's - $44,000,000 Series B Dear Mayor and Council Members: I have reviewed the voluminous documents relating to the issuance of the Series B $44,000,000 Bond Issue and find those documents to be in order and ready for the Council's consideration. I would recommend approval of those documents and of this issue. Thank you. Yours very truly, KRASS, MEYER & WALSTEN CHARTERED Phillip R. Krass P `.mJ M E M O R A N D U M TO: Mayor, Councilmembers and City Administrator of the City of Shakopee, Minnesota FROM: Wood Kidner, O'Connor & Hannan RE: Resolution Approving Supplemental Indenture and Amended Loan Agreement for $44,000,000 City of Shakopee, Minnesota Sports Facility Revenue Bonds (Shakopee Racetrack Project) Series 1984-B DATE: December 13, 1984 Councilmembers: Attached hereto please find a resolution approving the form of Supplemental Indenture and Amended Loan Agreement for the Series B Sports Facility Revenue Bonds previously approved by the Council to provide funds for the proposed expansion of the Canterbury Downs Racetrack. As you remember, both the $46,000,000 Series A Bonds and the $44,000,000 Series B Bonds were initiallv sold to Manufacturers Hanover Trust Company to comply with certain statutory deadlines under state law prior to finalization of all details for the public offering and prior to receipt of an investment grade rating on the bonds from Standard & Poor's Corporation and Moody's Investor Service. On November 2, 1984, the Council approved the form of Supple- mental Indentures and an Amended Loan Agreement with respect to the Series A Bonds to accomodate certain concerns raised after the initial sale to Manufacturers Hanover by Twin City Federal and Security Pacific, financial institutions issuing their letters of credit to secure the Series A Bonds on their public offering, and by Standard & Poor's and Moody's as a condition precedent to the rating. Sale of the Series A Bonds to the public, backed by the Twin City Federal and Security Pacific Letters of Credit and with the highest investment grade rating given by Standard & Poor's and Moody's was completed on November 15, 1984. At the present time, I have been informed that Minnesota Racetrack, Inc. has nearly finalized the deal with a New York financial institution with respect to the Series B issue to allow the Series B Bonds to also be sold to the public, with an investment grade rating and backed by a letter of credit prior to their initial Mandatory Repurchase by the Company in April, 1987. Under the proposed scenario, the financial institution will issue a letter of credit back on the Series B Bonds which will allow them to be rated and offered to the public and a portion of the Series B Bond proceeds will be escrowed prior to the time they are needed to finance expansion of the racetrack facility as partial security for the Company's Mayor, Councilmembers and City Administrator of the City of Shakopee Page two December 13, 1984 reimbursement obligation under the Letter of Credit. Pro- ceeds of the Series B Bonds will be allowed to be disbursed immediately and in an amount at least sufficient to replace the $3,000,000 originally proposed to be provided by a tax increment loan by the City and HRA to be used in the con- struction of the initial phase of the facility. It is presently expected that this deal will be finalized and the public offering of the Series B Bonds completed in mid to late January. In the meantime, it is necessary to amend the original Indenture of Trust and Loan Agreement for the Series B Bonds to accomodate rating agency concerns similar to those raised with respect to the Series A Bonds and to make certain mechanical adjustments to the repricing mechanism contained in the existing documents. It is important that this be accomplished prior to January 1, 1985, when certain new and unfavorable rules con- cerning arbitrage and certain other matters become operative, as, arguably, the proposed amendments could cause these rules to be applicable to the Series B Bonds if undertaken sub- sequent to January 1. Robyn Hansen of Briggs and Morgan has circulated black -lined copies of the revisicns to the documents and I have reviewed them and found these amendments do not substantively affect any of the rates or options of the City with respect to the bond financing. Ms. Hansen will circulate under separate cover prior to your meeting on Tuesday night final copies of the Supplemental Indenture and Amended Loan Agreement for the Series B Bonds together with execution pages therefor. Please do not hesitate to call me if you have any questions with respect to this matter. /kt r' 6 (-- Extract ,- Extract of Minutes of Meeting of the City Council of the City of Shakopee, Minnesota A regular meeting of the City Council of the City of Shakopee, Minnesota was duly held at the City Hall in said City on Tuesday, the 18th day of December, 1984, at 7:30 O'clock P.M. The following members were present: and the following were absent: Member and moved its adoption: introduced the following resolution RESOLUTION NO. RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF SPORTS FACILITY REVENUE BONDS TO FINANCE THE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF SPORTS FACILITY REVENUE BONDS TO FINANCE THE PROJECT BE IT RESOLVED by the Council of the City of Shakopee, Minnesota, as follows: 1. Or. October 15, 1964, the cfluncil adopted its zeso- lution No. 2332 authorizing the issuance by the City of its $44,000,000 Sports Facility Revenue Bonds (Shakopee Race- track Project), Series 1984-B (the "Series B Bonds"), and approving certain documents to be executed in connection with the issuance of those Bonds. 2. The Bonds were issued on October 15, 1984 and de- livered to Manufacturers Hanover Trust Company, as "Original Purchaser". 3. Subsequent to the delivery of the Bonds to the Original Purchaser, and in connection with the proposed offering of the Bonds to the public, certain revisions to the previously approved Indenture and Loan Agreement were deemed to be necessary and desirable. 4. In connection with these modifications, and with the finalization of the documentation necessary in connec- tion with the issuance of an irrevocable letter of credit to secure the Series B Bonds, forms of the following documents have been submitted to the Council for approval: (a) The Amended Loan Agreement. (b) The Supplemental Indenture. 5. It is hereby found, determined and declared that: a)' tne" tihaings made 'with respect to the Project in the preliminary resolution adopted by the Council on January 17, 1984 and in Resolution No. 2332 are hereby ratified, affirmed and approved; (b) the acquisition, construction and instal- lation of the Project, the issuance and sale of the Series B Bonds, the execution and delivery by the City of the Amended Loan Agreement and the Supple- mental Indenture, and the performance of all cove- nants and agreements of the City contained in the Amended Loan Agreement and Supplemental Indenture - 2 - I C' r1:_ and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Amended Loan Agreement, Supplemental In- denture and Series B Bonds valid and binding obli- gations of the City in accordance with their terms, are authorized by the Act; (c) it is desirable that the Series B Bonds be issued by the City upon the terms set forth in the Supplemental Indenture; (d) the basic payments under the Amended Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Supplemental Indenture when due. 6. Subject to the approval of the City Attorney or Assistant City Attorney, and the provisions of paragraph 7, the forms of the Amended Loan Agreement and Supplemental Indenture and exhibits thereto and all other documents described in paragraph 4 hereof are approved substantially in the form submitted except as otherwise provided in para- graph 7 hereof. The Amended Loan Agreement and Supplemental Indenture, in substantially the forms submitted, are di- rected to be executed in the name and on behalf of the City by the Mayor, City Administrator and the City Clerk. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Amended Loan Agreement and Supplemental Indenture. 7. The approval hereby given to the various documents referred to above includes approval of such additional de- tails therein as may be necessary and appropriate and such il: Ct'ti"Vi"ib -�. ii�iLf'Ji, �'�i'��.i"s�i�j 1. i`i'CiCLi'v�iit C;i1it 1l. :L viij thereto as may be necessary and appropriate and approved by the City Attorney or Assistant City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City officials are hereby au- thorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the Citv herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor, City Administrator or Clerk, any of the documents authorized by this resolution to be executed may be executed by the Acting - 3 - Mayor, Acting City Administrator or the Acting City Clerk, respectively. 8. The City is aware that upon issuance of a letter of credit to secure the Series B Bonds that the Series B Bonds will be remarketed pursuant to an official statement (the "Official Statement"). The City hereby consents to such re- marketing, provided that the City has not and will not pre- pare or make any independent investigation with respect to the information contained in the Official Statement and takes no responsibility for such information, provided, how- ever, that the City consents to the use in such Official Statement of a section captioned "The Issuer" in form and substance substantially identical to the section captioned "The Issuer" in the final Official Statement used to market the City's $20,000,000 Sports Facility Revenue Bonds (Shakopee Racetrack Project, Series 1984-AC1), and finds that such information does not contain any untrue statement of a material fact or fail to state any fact which is neces- sary to make the statements therein not materially mislead- ing. Passed: December 18, 1984. Attest: City Clerk Assistant City Attorney (SEAL) - 4 - Mayor STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE I, the undersigned, being the duly qualified and acting Clerk of the City Council of the City of Shakopee, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to the authorization of the issuance of the $44,000,000 Sports Facility Revenue Bonds (Shakopee Racetrack Project), Series 1984-B. WITNESS my hand and the seal of said City this 18th day of December, 1984. (SEAL) - 5 - City Clerk Aeiftu To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Garbage Collection Fees Date: December 14, 1984 Introduction & Background The City will be entering the second year of the two year garbage collection contract. The current fee paid to the hauler is $3.24/5.00 per month (Senior/regular pick-up). According to the terms of the contract this will increase to $3.40/5.25 per month for 1985. The City currently adds $.12 to each bill to cover billing and administrative costs. The State has imposed a refuse tax effective 1/1/85 of $1.00 per cubic yard. The contract provides that the contract will be re -opened if such a tax is imposed. Translating the tax down to a household bill results in an increase in each monthly bill of 42 cents. An amendment to the contract to reflect the charges of $3.82/5.67 per month is needed. Alternatives 1. Amend the contract as per above 2. Rebid contract 3. Pursue further negotiations with Waste Management. Recommendation Alternative no. 1 because the contractor is not effectively changing what he gets from the contract but only passing along the state tax. Action Reauested Move to authorize the appropriate City officials to execute an amendment to the waste collection contract with Waste Management, Inc. to reflect a collection fee of $3.82 for Seniors and $5.67 per month for regular pickup. GV:mmr /Od Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Sewer Service Rate Adjustment Date: December 14, 1984 Introduction & Background Council has directed preparing a 6% increase in sewer service rates but also holding down the cost for Senior Citizens. There are a couple of points to be noted here. First, MWCC has received Federal money for various projects which has helped hold down our cost. One of the conditions on that money was that MWCC and city sewer rates be equal and proportional. That is, the rate or the charge to the customer is to be proportional to the use of the system and to be applied equally or the same to all users (customers) . MWCC used to actively monitor city rates but has not done so for the past 2-3 years. Freezing Senior rates or creating a different rate would be contrary to this requirement. Second, the current rate structure and method of charging for sewer service does accomplish to some degree what Council is attempting to do. The common perception is that Seniors use the system less. Since part of the rate is based on water use, those who use less water (Seniors) get a smaller sewer bill. Council discussed this idea when the current method of billing was adopted. Third, the billing machine at SPUC does not have the capacity to accommodate a different rate for Seniors. Also, the category used by SPUC is not a true "Senior" category based on age but rather it is based on income. One method of reducing the impact on Seniors that Council has used before is to increase the flow charge more than the monthly charge to achieve the same increase in revenue. The chart that follows is based on the new rate being in place for 9 months. CHART: ALTERNATIVE RATE STRUCTURES AND RESULTANT REVENUES GENERATED The various columns are: F SENIOR ACCOUNTS 37 61 53 50 39 82 14 A. Current Rate ($36/yr. & $1.14/1000 g) B. 6% increase in both connection and flow charge ($2/yr, and .076/1000 g) C. 6% increase in total revenue on the flow charge only for an increase of 7% (.08/1000 g) D. 6% increase on flow charge only (.07/1000 g) E. 6% increase in revenue with a $3/yr. decrease on connection (8%) and an increase of .09/1000 g (8%) on flow to try to stabilize charges for small users. F. Approximate number of "Senior" accounts by usage. 60% of these accounts use less than the average residential use of 5000 gal./mo. A B C D E WASTE USE BY CURRENT 6% TOTAL 6% TOTAL 6% FLOW ONLY -8% CONNECT. SEWER FLOW RATE BOTH FLOW ONLY +8% ON FLOW * $3/M0. $3.17 $3.00 $3.00 $2.75 $1.14/1000 1.21 $1.22 $1.21 $1.23 1,000 g/mo. 4.14 4.38 4.22 4.21 3.98 2,000 5.28 5.59 5.44 5.42 5.21 3,000 6.42 6.80 6.66 6.63 6.44 4,000 7.56 8.01 7.88 7.84 7.67 5,000 ** 8.70 9.22 9.1 9.05 8.90 10,000 14.40 15.27 15.20 15.10 15.05 25,000 31.50 33.42 33.50 33.25 33.50 50,000 60.00 63.67 64.00 63.50 64.25 100,000 117.00 124.17 125.00 124.00 125.75 1,000,000 1,143.00 1,213.17 1,223.00 1,213.00 1,232.75 10,000,000 11.14.,(0 122,103.17 X203.00 12,103.OQ 123,002.75 TOTAL REVENUE $801,700.00 $837,700.00 $838,550.00 $832,700.00 $835,700.00 * $.O1 on flow = $6,760 for 1985 and $1 per year on connection charge = $2,500 ** Average Residential Usage The various columns are: F SENIOR ACCOUNTS 37 61 53 50 39 82 14 A. Current Rate ($36/yr. & $1.14/1000 g) B. 6% increase in both connection and flow charge ($2/yr, and .076/1000 g) C. 6% increase in total revenue on the flow charge only for an increase of 7% (.08/1000 g) D. 6% increase on flow charge only (.07/1000 g) E. 6% increase in revenue with a $3/yr. decrease on connection (8%) and an increase of .09/1000 g (8%) on flow to try to stabilize charges for small users. F. Approximate number of "Senior" accounts by usage. 60% of these accounts use less than the average residential use of 5000 gal./mo. Alternatives 1. Increase monthly and flow charge by six percent, continuing to have lower consumption result in lower bills for Seniors (Column B). 2. Increase flow charge by 8 cents and no change for monthly charge to provide a small increase for low consumption accounts (Column C). 3. Increase flow charge only by 6% ($.07) (Column D). 4. Decrease the connection charge by $3/yr. and increase the flow charge by .09/1000 g or 8% (Column E). Recommendation Alternative No. 2 because it comes closest to the goals of a 6% revenue increase and minimizing the impact on Seniors without causing any additional administrative workload by manual billing procedures. Action Requested Move that the Master Fee Schedule for 1985 show sewer service charges as $3.00 per month plus $1.22 per 1000 gallons of water use or sewer flow for annualized use/flow over one million gallons per year. GV:mmr IL�C/ A Waste Management Company \4V9 P Y SHAKOPEE RESIDENTIAL DISPOSAL - 1984 Month Yards Disposed @ Louisville January, 1984 963 February 771 March 796 April 1,433 May 1,488 June 1,127 July 959 August 880 September 1,027 October 1,400 November 1,020 December, 1983 917 Total Yards 12,781 Total yds. 12,781 x 1.00/yd = $12,781.00 Total Increase, $12,781 - No. of Homes 2,549 = $5.01/home/year - 12 months or 42�/home/month. MEMO TO: John K. Anderson, City Ad nistrator FROM: Judith S. Cox, City Clerk RE: Fee Resolution for 1985 DATE: December 14, 1984 Introduction: It is appropriate for Council to adopt a resolution setting fees for city licenses and permits for 1985, at this time. Background and Recommended Increases• 1) Page 1 - gambling fees will be dropped effective March 1st when the state gambling board takes over licensing for gambling, bingo and raffles. 2) Pages 1 and 2 - Staff recommends a 5% increase in liquor and beer fees. No increase was made last year. Rather than having a larger increase every five years or so, staff recommends a smaller increase each year. 3) Page 3 - Staff recommends adding a fee for handling returned checks of $15.00, which is consistent with what the private sector charges. 4) Page 9 - Staff recommends an increase in garbage rates - see memo from Finance Director. 5) Page 9 - Staff recommends an increase in sewer service charges - see memo from Finance Director. 6) Page 12 - Staff is recommending an increase in the equip- ment rental to equal the going rate. Increases range between zero and 20%. The resolution before you contains staff recommendations outlined above. If you don't concur with the staff recommendations, please amend the resolution before adopting it. Recommended Action: 1) Change resolution as drafted, if desired. 2) Offer Resolution Number 2354, A resolution setting fees for City licenses, permits, services and documents, and move its adoption. JC:tw Res. ,':o. 21010 Adopted 12/20/83 FEE SCHEDULE Shakopee, I;innesota January 1, 1564 Fees are listed by department and are to be updated annually. CITY CLERKP-lisc:. Business Licenses FEES linvies and Theaters (Authorized by City Clerk 6.42) 1. Annual fee for showing 16 nen: films $; 25.00 2. Annual fee for showing 35 mm films (or lar[,,er) 100.00 3. Annual fee for conducting; theatrical play(s) 25.00 Scavenger. (Dumping or discharge of waste) (Authorized by City Code 6.43) 1. From sources within the City of Shakopee 1.19/ (measured to nearest 100 gallons) 100 gallon 2. From sources outside the City of Shakopee 5.36/ (measured to nearest 100 gallons) 100 gallon No permit nor fee shall be required for pumping, and cleaning cesspools and/or septic tanks. (Authorized by Ordinance No. 9) 1. Annual fee for gambling devices including raffles 100.00 2. Annual fee for a separate raffle license 25.00 3. Annual fee for a bingo license (if' less than five Imes pe hIaP0� � year there i.s r 4,fe) i,1ay<, ,L 160.00 1�-Sa -les�E_r� �_U9��_?.�-_.�I� 1�i cens�T_�141�1: 4tcense, C1u—Ld-(z-e 1. e—an-L Tenk_ctra-r-y Beer Lig Il e (Authorized by City Code 5.06) 1. Annual fee for On Sale Leer, License 297.00 2. Annual fee for Off Sale Beer License 95.00 po``` 3. Temporary Beer License 12.00 p 4. Annual fee for Set Up Lic 2;Le 95.00 /W V0 5. Annual fee for On Sale [eine License 1/2 of On Sale Liquor or 52,000 whichever 6. Annual fee for is less On Sale Club License 238.00 aSo 'C 7. Annual fee for Sunday Liquor License 200.00 A# --k1 E. Annual fee for Off Sale Liquor License 150.00 4V`h� I Application and Investigation fee for 0 f Sale or On Sale Liquor License: a) If investigation witt:in NN = -. 3DC00 b) If investigation outside P;II 3.56.00 i p,�O,00 10. Annual fee for On Sale Liquor License: t ustomer U s d Floor -Area Under 1,000 "3,210.00 3-3 1,000 - 1,999 3,800.00 3950 2,000 - 2,99g 4,400.00 yba � 3,000 - 3,D99 4,99C.OG � pyo 4,000 - 41999 5,000 - 5,999 5,580.00 E$60 6,000 - 6,999 6,180.00 �6ygo 7,000 - 7,999 6,770.00 i10 8 8,000 - 8,999 7,370.00 173P 91000 - 91999 7,960.00 giver ti^v,ii%ii 8 S55Q.QQ 9, 150.00 9b D g Other Business Regulations and Licenses (City Code - Chapter 6 - all applicants require a "5.00 application fee) Peddlers (Authorized by City Code 6.21) 1. Meekly License Fee 25.00 2. Annual License Fee 150.00 3. Six Month License Fee 100.00 Taxicabs and Drivers (Authorized by City Code 6.22) 1. Annual fee per vehicle 25-00 �,Tobacco (Authorized by City Code 6.23) 1. Annual fee for Tobacco License 15.00 Shows, Non-Transien "Th� perks. An1US�p,en__P�r��t� (Authorized by City Code 6.24) 1. Annual license fee equaling the number of rides X "45.b0 45.00/ride 2. Show without rides 75.00 3. Non -Transient Theme Parkas As per agreement Bill i arils, Pool and 0__ ther _Ga (Authorized by City Code 6.31) 1. Annual license fee for the first table 100.00 2. Each additional table 50.00 t• assage Parlors, Saunas Steam Bate Ei�a_Bat}L RoorNs (Authorized by City Code 6.40) 1. Annual License Fee 2,000.00 2. Initial license requires one time investigation fee 500.00 —2— i et�r and Masseuse Re2istratiQ-nFee (Authorized by City Code 6.41) 1. Annual registration fee Rental of Ppt Thielen Rodeo Arena (Authorized by Resolution, No. 1910) Rental of arena for a period not to exceed sever, consecutive days: 100.00 a. Non-profit organizations within corporate limits of City of Shakopee 0.00 b. Other non-profit organizations 200.00 or C. Profit making organizations 15w of gross ticket sales whichever is greater 200.00 or 15% of gross ticket sales whichever is greater Request Vacation of_ Street . All-Qy_ or �a�eri�ell� Hereby set as follows: 1. Request for vacation of street, alley or easer.nent 25.00 BUILDING INSPECTOR/ELECTRICAL INSPECTOR Electrical Inspection (Authorized by City Code 4.05) 1. Payment of Fees: fees are due and payable to the City of Shakopee at or before commencement of the installation and shall be forwarded to the City of Shakopee. An additional 5.50 State Surcharge must accompany each hermit pl.5_ $ . 50 forms ,_ 2. Signs: shall be computed in accordance with State Schedule with a minimum fee of 8.00 3. Swimming pool 13.00 per inspection 4. Minimum fee for each separate inspection of an installation, replacement, alteration or repair limited to. one inspection QrIy� 5. Services, change of services, temporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. a. 0 to and including 200 ampere capacity b. For each additional 100 ampere or fraction thereof p -3- 8.00 10.00 4.00 Circuit, installation of, additions, alterations .., repairs of each circuit or sub -feeder shall be computed separately including circuits fed from sub -feeders and including the equipment served. Circuits of 250 volts or less. a. 0 to and including 30 ampere capacity ,.00 b. 31 to and including 100 ampere capacity 4.00 C. For each additional 100 ampere capacity or fraction thereof 1.00 The maximum fee on a single family dwelling; or farmstead which is limited to a 200 ampere capacity and limited to three (3) inspections shall be 40.00 with a minimum fee of $13.00 per inspection 201 to 400 A maximum fee limited to four (4) inspections 80.00 Additional inspections shall be at the minimum fee as per Sectin 6G. The maximum fee on an apartment building shall not exceed 18.00/dwelling unit for the first 20 units and per dwelling unit for the balance 14.00 A 2 unit dwelling (duplex) maximum fee per unit as per single family dwelling. For circuits over 250 volts double the fee for 250 volts or less. 6A. In addition to the above fees; a charge of $1 .00 will be made for each street lighting standard. B. A charge of $2.00 will be made for each traffic signal head. C. In addition to the above fees, all transformers and generators for light, heat and power shall be computed separately at $3.00 per unit plus 20 cents per KVA up to and including 100 KGA, 101 KVA and over at 10 cents per KVA. The maximum fee for any transformer or generator in this category is $25.00 D. In addition to the above fees, all transformers for signs and outline lighting shall be computed at $3.00 for the first 500 VA or fraction, thereof per unit, plus 30 cents for each additional 100 VA or fraction thereof. E. In addition to the above fees, (U����q�� the maximum fee fi lP.d by the initial LCL tar), remote controls, signal circuits and circuits of less than 50 volts shall be computed at $3.00 per each ten openings or devices or each system plus $1.00 for each additional ten or fraction thereof. F. For the review of plans and specifications of proposed installations, there shall be a minimum fee of $100.00 up to and including $30,000 to be paid by persons or firms requesting the review. -4- G. When reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not the subject of an appeal pending before the Board or any court, a reinspection fee of not to exceed the original unit fee, or $8.00 whichever is less, may be assessed in writing b% the Inspector. H. For inspection not covered herein, or for requested special inspections or services, the fees shall be $17.00 per man hour, including travel time plus 24 cents per mile traveled, plus the reasonable cost of equipment or material consumed. This section is also applicable to inspection of empty conduits and such other jobs as determined by the Inspector. 7. For inspections of transient projects including but not limited to Carnivals and Circuses, the inspection fee shall be computed as follows: a. Power supply units - according to section 6C. A like fee will be required on power supply units at each engagement during the season, except that a fee of 417.00 per hour will be charged for additional time spent by the Inspector if the power supply is not ready for inspection as required by law. b. Rides, Devices or Concessions - shall be inspected as their first appearance of the season and the inspection fee shall be $8.00 per unit. Plumbing Permits (Authorized b;y City Code 4.05) 1. Alterations and Repairs - I•4inimum Fee 12.00 + $.50 State Surcharge Tax 2. New Construction Residential - Minimum Fee 36.00 + $.50 State Surcharge Tax Commercial - Minimum Fee O.00 + $.50 State Surcharge Tax 3. Residential Plumbing Permit, Fees All fixtures listed below will be figured at 6.00/each Water Closet later Softener Lavatory (Basin) Bathtub Floor Drain Laundry Tub Sink Shower Stall Disposal Dishwasher Water Heater (Gas or Electric) Clothes brasher - Standpipe Permit fees for rough -ins for future bathrooms will be $5.00 per fixture. 4. Replacements Only Water Heater - Gas 12.00 Water Softeners - New or replacement in other than hones under construction (installer must be licensed by t'(e State Board of Health 12.00 -5- 5. Commercial Plumbin€ Permit Fees Water Closet, Lavatory (Basin), Urinal, Individual Shower Shower - Gang Type - Per Head 6.00 Drinking Fountain 4.80 Dental Unit 6.00 Sink - Service or Nop 12.00 Flat rim, bar, counter, laborator y 6.00 8.50 Pot or Skullery r-r'rst r--i"ve units or less 1� 18.000 Each additional unit Floor Drain - 2 inch 3.60 3 and 4 inch 6.00 Catch Basin 7.50 Sewage Ejector 9.00 Sumps and Receiving Tanks 12.00 Water Softeners 12.00 Water Heater - Gas - t;eplaceii�ei;c uni y 18.00 24.00 Building Permit Fees (Authorized by City Code 4.05) Building Val l] P '1.00 to 500.00 $10.00 501.00 to 2,000.00 2,001.00 to 25,000.00 25,001.00 to 50,000.00 50,001.00 to 100,000.00 100,001.00 and up $10.00 fcr the first 500.00 plus 1.50 for each additional 100.00 fraction thereof, including 2,000.00 $32.50 for the first 2,000.00 plus 6.00 for each additional 1,000.00 or fraction, thereof, to and including 25,000.00 170.50 for- the first 25,000.00 plus 4.50 for each additional 1,000.00 or fraction thereof', to and including 50,000.00 $283.00 for the first 50,000.00 plus 3.00 for each additional 1 , 000.00 or fraction thereof, to and including 100,000.00 '433.00 for the first 100,000.00 plus 2.50 for each additional 1,000.00 or fraction thereof Stade �ut^cba�sg�, (TinesCl'iees"iorwarded to the State Treasurer) Less than $1,000 '1,000,000 or less $1 .,000.,QQQ tJ, �nnn Jnr, ,�, '.50 .0005 x Valuation �o^u^u + .uuu'4 x VValue - '1,000,000) $2,000,000 to $3,000,000 $3,000,000 to $4,000,000 $4,000,000 to $5,000,000 Greater than 45,000,000 Moving Permit $ 900 + .0003 x (Value - $2,000,000) $1200 + .0002 x (Value - $3,000,000) $1400 + .0001 x (Value - $4)000,000) $1500 + .00005 x (Value - Y"1000,000) Fire Protection Equipment hereby set as follows: $35.00 Stand pipes and hose cabinets shall be computed at 1„ of the contract plus $.50 State Surcharge Tax. Sprinkler Systems shall be computed at $5.00 for the first 10 heads and $2.00 for each additional 10 heads or part thereof plus State Surcharge Tax. Well and Individual- Sewage Dis osal Permits hereby set as follows Residential: Well 5.50 Commercial: Well 5.50 Residential: Sewage Disposal 37,50 Comr;iercial: Sewage Disposal 37.50 Heating, Air Condi inning Refrig ran, an�1__VentilatiPerr;its hereby set as follows: Minimum Fee Single Family Residence Central Air Conditioning (at the time of construction) Refrigerant Systems Permit Fees 3 horsepower or less over 3 to 15 horsepower over 15 to 50 horsepower excess of 50 horsepower Alterations and repairs 9.00 +$.50 State Surcharge Tax 24.00 +$.50 State Surcharge Tax 6.00 +$.50 State Surcharge Tax 9.00 12.00 30.00 60.00 Xiinimum Fee Commercial fee shall be computed at 1.25; of the contract plus State Surcharge Tax. Permits shall cover only single installations. Multiple furnaces, boilers, etc:. shall be considered separate installations. Tank & Pir)in;7 Permi.s hereby set as follows: Underground fuel storage tanks and piping; permit fee to be 1.25 of contract plus State Surcharge Tax. -7- Permit to ti, h o l_y fees set asfog ow,1 s• , 9.00 Permit to work in public right-of-tijay 15.00 12.00 t;'hen work in public right-of-way requires the submittal of plans and specifications, revie',,' c)f the plans shall be charges in accordance with the hourly fees approved for the Engineering Dept. Water Heater--, - A w (Including p_ oc i Heaters) hereby set as follows: for inputs not exceeding 100,000 BTU 9.00 100,001 to 2DDYDnn Ull 12.00 200,001 to 300,000 BTU 14.50 300,001 to 500,000 BTU 15.00 500,001 to 700,000 BTU 36.00 700,001 to 1,000,000 BTU 48.00 Any fixture not listed above 6.00 Rain water Leaders - all stacks 10 stories or less 12.00 - all stacks over 10 stories 18.00 Area Roof Drains (each) 7.50 Lawn Sprinkler Systems - Residential 18.00 Lawn Sprinkler Systems - Commercial (This fee includes water connection from building piping to yard side of siphon breaker) 30.00 Commercial plumbing permits to be figured by the above fixture schedule but at the time the permit is to be issued, the permitee will certify the contract price and the fee will be based on the above method or 1.251/," of the contract price, whichever is greater. Gas Piping Fermi*a hereby set as follows: Minimum Fee 3.60 Residential - Each fixture or appliance +x•50 State Surccarge Tex 2.�0 Alterations and Repairs - Minimum Fee +x•50 State Surcharge Tax Where the gas piping is divided between two contractors such as the Heating Contractor installing the gas line to the furnace and the Plumbing Contractor doing the balance of the gas piping, each Contractor shall take out a permit. Comm rcja1 For installation of piping; up to and including two (2) inches in size, providing not over three (3) openings 11.00 and for each additional opening 3.00 - 8- atan a r 3 AC) Un1�s for VG'"i — ]S `� �1—Ch and Sn�ti - a .ional I.11WCC) (These fees forwarded to N,l=1CC) Fac�l i s (Mandated by TvDe of Fa-ili v Parameter SAC Units Arenas 110 seats 1 Automobile Service 2 service bays 1 Ballroom Facility without liquor service Facility with liquor 825 sq. ft. 1 service 590 sq. ft. 1 Banquet Room Food catered Food catering with dishwashing 2060 sq. ft. 1180 1 Food preparation and dishwashing sq. ft. 825 sq. ft. 1 Food preparation, dishwashing with 590 sq. ft. 1 1 liquor Barber Shop 4 chairs 1 Beauty Salon 4 stations 1 Boarding House 5 beds 1 Bowling Alleys 3 alleys 1 Car Wash (Self-Service) 1 stall 3 Car Wash (Service Station) 6 Car Wash (Requires specification on equipment flow rate and cycle time) Churches 275 seats 1 Cocktail Lounge 23 seats 1 Fast Service Restaurant 22 seats (minimal dishwashing) 1 Example: Pizza Parlor, McDonald's, etc. General Office Building 2400 sq. ft. floor space 1 Handball and Racquet Courts 1 court 2 Hospitals 1 bed 1 Laundromats (requires water volume for cycle time, 8 cycles per day) Motels and Hotels (assume 2 persons/ room) 2 rooms 1 -10- Nursing Home 3 beds 1 Restaurant (Drive-in) 9 parkin; spaces 1 Restaurant (18-24 hours service) 6 seats 1 Restaurant (12-18 hours service) 8 seats 1 Restaurant (12 hours service) 12 seats 1 Restaurant (with cocktail lounge) 10 seats 1 Retail Stores 3000 sq. ft. floor space 1 Rooming Houses 7 beds 1 Schools (Sunday) 55 students 1 Schools (Elementary) 18 students 1 Schools (Secondary) 14 students 1 Service Station (gas pumping only) 1 Service Station (with service center) 2 Service Station (with service center and car wash) 8 Swimming Pools 900 sq. ft. pool area 1 Tennis Courts 1 court 2 Theater 64 seats 1 Theater (drive-in) 55 parking space 1 Warehouses 14 employees 1 Speculative Warehouse 10,000 sq. ft. 1 (to be adjusted based on employees when user is established) The SAC unit for a facility not; included in the above list will be determined by the Metropolitan Waste Control Commission. A request for SAC unit determination should be made prior to the issuance of the Building Permit. Residential SAC Charge (Mandated by IIWCC) (These fees forwarded to ;WCC) Residential 425.00/unit Office Charges hereby set as follows: 1. Assessment searches 5.00 -11- 2. Copy fee General Public Other governmental/non-profit .20 P public service .07 3. City Code 25.00 4. Comprehensive Plan (see page 14) 25.00 5. City hlap (small) General Public Other L;cvernmental/non- rofit •75 P public service .15 City Hap (large) General Public Other governmental/non-profit public service 1.50 .30 ELL _IC_ Ac-=c-n-?Qrt_ �SzPI�� hereby set as follows: 1. One page 2.00 2. Two pages 3.00 Towing and Impou�rdin o__ f Vehj-QLQ-a hereby set as follows: Towing and impounding is done by a private contractor having appropriate impounding facilities. Fees are set by contractor. Dog Li c� ;Fsa lr�cour g F�e�:_ (Authorized by City Code 10.21 ) 1. Dog Licenses (good for the life of the dog) 5.00 2. First impoundment 10.00 3. Second impoundment 20.00 4. Third and successive impoundment within a 12 -month period 30.00 5. Amount charged per day when confined to the Pound 3.00 6. In the case of an unlicensed dog or a dog for whom proof of a current rabies vaccination cannot be shown, an additional penalty of 11;5.00 shall be paid. PUBLIC WORKS Eoui m n Rental hereby set as follows: Caterpiller Grader (private) 45.00/hour 5-0.06 (State snow removal) 3,50/hour LN,35 Front end loader (Fiat -Allis) private 50.00/hour�.UO �t (State snow removal 2-1/2 yd. w/blower) 40.15/hour -12- Front end loader (J private (State snow removal A 1/2 yd. w/o blower) Elgin street sweeper Littleford pull broom 2-1/2 ton dump truck (single) 2-1/2 ton dump truck w/plow 5 ton dump trunk (tandem) 6 yd "P�p" Tag - R - IOn5 Ila et- 10.00 3/4 ton pickups (w/plow add .�,�) 5 +0n taade, M ts'uck 'r10'a ?-tower tractor C�'rk -typ� V)eV-a K)0W ia-' �CU6h -re,ff 4.n) Asphalt roller (1-1/2 ton) Bobcat Type Loader Pull paver Steamer Gender) Huber maintainer Wood Chipper Post hole digger 6,,C+&( mDunfed) ,4C +rac•10r, Power auger NQ„d Held Sign replacement/installation ti'p �0 5f IesS 10.00 Sewer rodder T\Iy �c'Ss� a SlJ4i l�.r�s ri --� k1�C4'S5'e�� acid aO.UU �ea, Sewer jetW" clean° Barricades w/flashers Barricades w/o flashers Cones PLANNING - hereby set as follows: APnlication for Conditional U.5 -e, Permit Home Occupations All others Renewal (same as new) -13- 40.00/hour 50.&6% 38.50/hour y!�.35 45.00/hour 30.0' 15.00/hour 15.00 25.00/hour 30'00 35.00/hour �D.pO 3-5 /hour gO.00 15. vo/ hcVr^ 20.00/hour 9,500 35 cc, IA,,,, 30.00/hour 35.uc)/hc6,r 15.00/hour j5.00 30.00 15.00/hour 15.00 50.00/%our 50,00 25.00/hour A-500 30.00/hour 30.00 30. oo t 2^ . 00 ic.UU 10.00 60.00/sign 40.00/hour (or .50 per foot) 40.00/hour (or .25 per foot) 40.00/hour (or .50 per foot) 5.00/day U 3.00/day V .50/day 50.00 100.00 T Single Family Residential 50.00 All others 100.00 Appl i cat ' for P1 -,r �s Di Y,; L; „n� (incl. $45.00 for signing) Preliminary Plat 245.00 + $5/lot minimum 145.00 + $3/acre, whichever greater Final Plat Lot Split 50.00 Registered Land Survey 35.00 Lot Consolidation 50.00 50.00 Application for R nni (incl. $45.00 for signing) 1 Acre or less Over 1 Acre 195.00 195.00 + $10.00/acre Appli a inn fnr planning Unit DeV lnnmPnt Concept Plan Preliminary Plan 100.00 200.00 + Final Plan $15.00/acre 100.00 Apolioation for Fill & A9 Hing Perm;t 1 - 1000 yards 25.00 1000 - 20,000 yards 100.00 Over 20,000 yards (C.U.P. Fee) 100.00 (C.U.P. Fee) + all consultant fees 2500.00 cash deposit required Application for S'gnS Permit Permanent 20.00 + Temporary $.25/sq. ft. 5.00 Cony of Official Maps Zoning (22" x 3411) 2.00 (8-1/2" x 11") Special Printed Maps .25 Topography Maps .25/sq. ft. 50.00 + Flood Plain Maps 5.00/acre .00 (Free) -14- Devejopers Package Land Use Regulations (Zoning) 5.00 Subdivision Regulations 3.00 Sign Regulations 1.00 Comprehensive Plan 25.00 ENGINEERING - hereby set as follows: Department Fees (employees) City Engineer 43.00/hour Technician IV 28.50/hour Technician III 25.00/hour Technician II 16.00/hour Secretary 14.00/hour Salary multiplier 1.7600 used when an employee's rate is not specified above. Project Plans & Specifications Charged at 90% of the fees computed according to Curve B expressed as a percentage of construction costs for projects of average complexity from 1972 ASCE Manual No. 45. Permit Review 1. Commercial 30.00 2. Residential 15.00 3. Recheck at 1/2 the original fee Plana Plat and Report Review 1. Review 30.00 2. Plus hourly rate 3. Recheck at hourly rate OTHER - hereby set as follows: 1. Application fee for variance from or amendment to the cable franchise ordinance 25.00 PLUS Costs of consultants hired to assist the City in considering variance applications will be billed to applicant based on actual cost to the City. Notification will be sent to applicant that consultants will be utilized when that determina- tion has been made. RESOLUTION N0. 2354 A RESOLUTION SETTING FEES FOR CITY LICENSES, PERMITS, SERVICES AND DOCUMENTS BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the attached Fee Schedule, dated January 1, 1985, is hereby approved and adopted by reference in its entirety as though repeated verbatim herein. BE IT FURTHER RESOLVED, that the attached Fee Schedule shall become effective on January 1, 1985, unless indicated otherwise therein, and Resolution No. 2190 shall be repealed effective January 1, 1985. Adopted in session of the City Council of the City of Shakopee, Minnesota, eld this day of 1984. ' Mayor or the City or S a opee — ATTEST: City Clerk Approved as to form this day of -- 198+-_ y Attorney TABLE OF CONTENTS CITY CLERK Page Movies and Theaters .................... 1 Scavengers. ..•.. .............. Gambling Devices including�Raffies 1 ................... License for the sale and set-up of Liquor............ 1 1 Peddlers..... 7 7 ............................. ... Taxicabs and Drivers 2 .................... Tabacco. ��•:::::::::: 2 Shows, Non -Transient Theme Parks, Amusement 2 Parks, etc. 8 .•.•.............. Billiards, Pool andotherGameTables..... 2 ........... Massage Parlors, Saunas, Steam Baths, 2 Heat -Bathing Rooms.. ......... ............... 2 Masseur and Masseuse Registration Fee ................ 3 Rental of Pat Thielen Rodeo Arena .................... Request Vacation of Street, Alley or 3 Easement ... ... ................... Service Charge for Returned •Checks 3 ................... 3 BUILDING INSPECTOR/ELECTRICAL INSPECTOR Electrical Inspection ................................ 3-5 Plumbing Permits . .......................... •... Building Permit Fees 5-6 ................................. Fire Protection Equipment.......... 6-7 � .. ... Well and Individual Sewage Disposal Permits .......... 7 7 Heating, Air Conditioning, Refrigeration, and Ventilation Permits ........................ Tank and Piping Permit ........................ 7 8 ..., Permit to Work in Public Right -of -Way ................ 8 Water Heaters - New .................................. Gas Piping Permits 8 ................................... Commercial. ............ 8 Agricultural •and �Non-Agricultural . Storage 8_9 Form (Report) ...................................... 9 FINANCE Industrial Revenue Bond Fees ......................... 9 Garbage Rates ................................... 9 Sewer Service Charges ................................ 9 Standard Service Availability Charge (SAC) units for various commercial, public, and institutional facilities .................. 10-11 Residential SAC Charge ............................... 11 Office Charges ....................................... 11-12 Page POLICE Accident Report Copies........................ 12 Towing and Impounding of Vehicles............ 12 Dog Licenses, Impounding Fees, etc ................... 12 PUBLIC WORKS Equipment Rental ..................................... 12-13 PLANNING Application for Conditional Use Permit ............... 14 Application for Variances ............................ 14 Application for Plats, Divisions................... 14 Application for Rezoning . ... ... ................ 14 Application for Planned Unit Development ............. 14 Application for Fill and Mining Permit ............... 14 Application for Sign Permits ......................... 14 Copy of Official Maps ................................ 15 Developers Package Comprehensive Plan ................................... 15 ................................... 15 ENGINEERING Department Fees (employees) .......................... 15 Project Plans and Specifications .................... 15 Permit Review ........................................ 15 Plan, Plat and Report Review ......................... 15 OTHER Application Fee for Variance from or Amendment to the cable franchise ordinance ...................... 16 FEE SCHEDULE Shakopee, Minnesota January 1, 1985 Res. No. 23514 Adopted 12/18/814 Fees are listed by department and are to be updated annually. CITY CLERK/Mist. Business Licenses Movies and Theaters (Authorized by City Clerk 6.142) 1. Annual fee for showing 16 mm films 2. Annual fee for showing 35 mm films (or larger) 3. Annual fee for conducting theatrical play(s) Scavengers (Dumping or discharge of waste) (Authorized by City Code 6.143) 1. From sources within the City of Shakopee (measured to nearest 100 gallons) 2. From sources outside the City of Shakopee (measured to nearest 100 gallons) No permit nor fee shall be required for pumping and cleaning cesspools and/or septic tanks. Gambling Devices Including Raffles (Authorized by Ordinance No. 9) 1. Annual fee for gambling devices including raffles 2. Annual fee for a separate raffle license 3. Annual fee for a bingo license (if less than five times per year there is no fee) FEES $ 25.00 100.00 25.00 1 .19/ 100 gallon 5.36/ 100 gallon 100.00 2.00 100.00 No fee after March 1, 1985. Licensed through State gambling board. License for the Sale of'Beer, Liquor, Wine, Set-up License. Liouor License, Club License and Temporary Beer License (Authorized by City Code 5.06) 1. Annual fee for On Sale Beer License 2. Annual fee for Off Sale Beer License 3. Temporary Beer License 14. Annual fee for Set Up License 5. Annual fee for On Sale Wine License 6. Annual fee for On Sale Club License 7. Annual fee for Sunday Liquor License 8. Annual fee for Off Sale Liquor License 9. Application and Investigation fee for Off Sale or On Sale Liquor License: 312.00 100.00 13.00 100.00 1/2 of On Sale Liquor or $2,000 whichever is less 250.00 200.00 150.00 a) If investigation within MN 300.00 b) If investigation outside MN City exnPn-,PG yin +„ tin nnn 10. Annual fee for On Sale Liquor License: Customer Used Floor Area Under 1,000 $3,370.00 1,000 - 11999 3,990.00 2,000 - 21999 4,620.00 3,000 - 3,999 5,240.00 4,000 - 41999 5,860.00 5,000 - 5,999 6,490.00 6,000 - 61999 7,108.00 7,000 - 7,999 7,738.00 8,000 - 81999 8,358.00 91000 - 91999 8,978.00 Over 10,000 9,608.00 Other Business Regulations and Licenses (City Code - Chapter 6 - all applicants require a $5.00 application fee) Peddlers (Authorized by City Code 6.21) 1. Weekly License Fee 25.00 2. Annual License Fee 150.00 3. Six Month License Fee 100.00 Taxicab -s and Drivers (Authorized by City Code 6.22) 1. Annual fee 250.00 2. Annual taxicab driver's license fee 25.00 3. Annual fee for each vehicle 15.00 Tobacco (Authorized by City Code 6.23) 1. Annual fee for Tobacco License 15.00 Shows, Non -Transient Theme Parks, Amusement Parks, etc (Authorized by City Code 6.24) 1. Annual license fee equaling the number of rides X $45.00 45.00/ride 2. Show without rides 75.00 3. Non -Transient Theme Parks As per agreement Billiards, Pool and Other Game Tables (Authorized by City Code 6.31) 1. Annual license fee for the first table 100.00 2. Each additional table 50.00 Massage Parlors, Saunas, Steam Baths, Heat -Bathing Rooms (Authorized by City Code 6.40) 1. Annual License Fee 2,000.00 2. Initial license requires one time investigation fee 500.00 1) Masseur and Masseuse Registration Fee (Authorized by City Code 6.41) 1. Annual registration fee 100.00 Rental of Pat Thielen Rodeo Arena (Authorized by Resolution No. 1910) Rental of arena for a period not to exceed seven consecutive days: a. Non-profit organizations within corporate limits of City of Shakopee 0.00 b. Other non-profit organizations 200.00 or 15% of gross ticket sales whichever is greater C. Profit making organizations 200.00 or 15% of gross ticket sales whichever is greater Request Vacation of Street, Alley or Easement Hereby set as follows: 1. Request for vacation of street, alley or easement 25.00 Service Charge for Returned Checks Hereby set as follows: 1. Service charge for each check returned 15.00 BUILDING INSPECTOR/ELECTRICAL INSPECTOR Electrical Inspection (Authorized by City Code 4.05) 1. Payment of Fees: fees are due and payable to the City of Shakopee at or before commencement of the installation and shall be forwarded to the City of Shakopee. An additional $.50 State Surcharge must accompany each permit plus $.50 for inspection forms. 2. Signs: shall be computed in accordance with State Schedule with a minimum fee of 8.00 3. Swimming pool 13.00 per inspection 4. Minimum fee for each separate inspection of an installation, replacement, alteration or repair limited to one inspection only. 8.00 5. Services, change of services, temporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. a. 0 to and including 200 ampere capacity 10.00 b. For each additional 100 ampere or fraction thereof 4.00 -3- ircuit, installation of, additions, alterations or repairs of each circuit or sub -feeder shall be computed separately including circuits fed from sub -feeders and including the equipment served. Circuits of 250 volts or less. a. 0 to and including 30 ampere capacity 3.00 b. 31 to and including 100 ampere capacity 4.00 C. For each additional 100 ampere capacity or fraction thereof 1.00 The maximum fee on a single family dwelling or farmstead which is limited to a 200 ampere capacity and limited to three (3) inspections shall be 40.00 with a minimum fee of $13.00 per inspection 201 to 400 A maximum fee limited to four (4) inspections 80.00 Additional inspections shall be at the minimum fee as per Sectin 6G. The maximum fee on an apartment building shall not exceed 18.00/dwelling unit for the first 20 units and per dwelling unit for the balance 14.00 A 2 unit dwelling (duplex) maximum fee per unit as per single family dwelling. For circuits over 250 volts double the fee for 250 volts or less. 6A. In addition to the above fees; a charge of $1 .00 will be made for each street lighting standard. B. A charge of $2.00 will be made for each traffic signal head. C. In addition to the above fees, all transformers and generators for light, heat and power shall be computed separately at $3.00 per unit plus 20 cents per KVA up to and including 100 KGA, 101 KVA and over at 10 cents per KVA. The maximum fee for any transformer or generator in this category is $25.00 D. In addition to the above fees, all transformers for signs and outline lighting shall be computed at $3.00 for the first 500 VA or fraction thereof per unit, plus 30 cents for each additional 100 VA or fraction thereof. E. In addition to the above fees, (Unless included in the maximum fee filed by the initial installer) , remote controls, signal circuits and circuits of less than 50 volts shall be computed at $3.00 per each ten openings or devices or each system plus $1.00 for each additional ten or fraction thereof. F. For the review of plans and specifications of proposed installations, there shall be a minimum fee of $100.00 up to and including $30,000 to be paid by persons or firms requesting the review. -4- ''?'=en reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not the subject of an appeal pending before the Board or any court, a reinspection fee of not to exceed the original unit fee, or $8.00 whichever is less, may be assessed in writing by the Inspector. H. For inspection not covered herein, or for requested special inspections or services, the fees shall be $17.00 per man hour, including travel time plus 24 cents per mile traveled, plus the reasonable cost of equipment or material consumed. This section is also applicable to inspection of empty conduits and such other jobs as determined by the Inspector. 7. For inspections of transient projects including but not limited to Carnivals and Circuses, the inspection fee shall be computed as follows: a. Power supply units - according to section 6C. A like fee will be required on power supply units at each engagement during the season, except that a fee of $17.00 per hour will be charged for additional time spent by the Inspector if the power supply is not ready for inspection as required by law. b. Rides, Devices or Concessions - shall be inspected as their first appearance of the season and the inspection fee shall be $8.00 per unit. Plumbing Permits (Authorized by City Code 4.05) 1. Alterations and Repairs - Minimum Fee 2. 3. 4. New Construction Residential - Minimum Fee Commercial - Minimum Fee Residential Plumbing Permit Fees 12.00 + $.50 State Surcharge Tax 36.00 + $.50 State Surcharge Tax EJ.00 + $.50 State Surcharge Tax All fixtures listed below will be figured at 6.00/each Water Closet Water Softener Lavatory (Basin) Bathtub Floor Drain Laundry Tub Sink Shower Stall Disposal Dishwasher Water Heater (Gas or Electric) Clothes Washer - Standpipe Permit fees for rough -ins for future bathrooms will be $5.00 per fixture. Replacements Only Water Heater - Gas 12.00 Water Softeners - New or replacement in other than homes under construction (installer must be licensed by :?ie State Board of Health 12.00 - 5- --)mmercial Plumbin€ Permit Fees hater Closet, Lavatory (Basin), Urinal, Individual Shower 6.00 Shower - Gang Type - Per Head 4.80 Drinking Fountain 6.00 Dental Unit 12.00 Sink - Service or Mop 6.00 Flat rim, bar, counter, laboratory 8.50 Pot or Skullery 8.50 Clothes Washer - First five units or less 18.00 Each additional unit 3.60 Floor Drain - 2 inch 6.00 3 and 4 inch 7.50 Catch Basin 9.00 Sewage Ejector 12.00 Sumps and Receiving Tanks 12.00 Water Softeners 18.00 Water Heater - Gas - Replacement only 24.00 Building Permit Fees (Authorized by City Code 4.05) $1.00 to 500.00 501.00 to 2,000.00 2,001.00 to 25,000.00 25,.001.00 to 50, 000.00 50,001.00 to 100,000.00 100,001.00 and up Fees $10.00 $10.00 for the first 500.00 plus 1.50 for each additional 100.00 fraction thereof, including 2,000.00 $32.50 for the first 2,000.00 plus 6.00 for each additional 1,000.00 or fraction thereof, to and including 25,000.00 $170.50 for the first 25,000.00 plus 4.50 for each additional 1,000.00 or fraction thereof, to and including 50,000.00 $283.00 for the first 50,000.00 plus 3.00 for each additional 1,000.00 or fraction thereof, to and including 100,000.00 $433.00 for the first 100,000.00 plus 2.50 for each additional 1 ,000.00 or fraction thereof State Surcharge: (These fees forwarded to the State Treasurer) Less than $1,000 $1,000,000 or less $.50 .0005 x Valuation $1,000,000 to $2,000,000 $ 500 + .0004 x (Value - $1,000,000) 00,000 to $3,000,000 $3,000,000 to $4,000,000 $4,000,000 to $5,000,000 Greater than $5,000,000 Moving Permit 900 + .0003 x (Value - $2,000,000) 4,1200 + .0002 x (Value - $3,000,000) $1400 + .0001 x (Value - $4,000,000) $1500 + .00005 x (Value - $,000,000) Fire Protection Equipment hereby setas follows: $35.00 Stand pipes and hose cabinets shall be computed at 1"a of the contract plus $.50 State Surcharge Tax. Sprinkler Systems shall be computed at $5.00 for the first 10 heads and $2.00 for each additional 10 heads or part thereof plus State Surcharge Tax. Well and Individual Sewage Disposal Permits hereby set as follows: Residential: Well Commercial: Well Residential: Sewage Disposal Commercial: Sewage Disposal 5.50 5.50 37.50 37.50 Heating, --Air Conditioning, Refrigeration_, and Ventilation Permits hereby set as follows: Minimum Fee Single Family Residence Central Air Conditioning (at the time of construction) Refrigerant Systems Permit Fees 3 horsepower or less over 3 to 15 horsepower over 15 to 50 horsepower excess of 50 horsepower Alterations and repairs 9.00 +$.50 State Surcharge Tax 24.00 +$.50 State Surcharge Tax 6.00 +$.50 State Surcharge Tax 9.00 12.00 30.00 60.00 Minimum Fee Commercial fee shall be computed at 1.25; of the contract plus State Surcharge Tax. Permits shall cover only single installations. Multiple furnaces, boilers, etc. shall be considered separate installations. Tank & Piing Permits hereby set as follows: Underground fuel storage tanks and piping permit fee to be 1.25% of contract plus State Surcharge Tax. -7- P,- - I to 6-dork in Pub i n Right—nf lav fees set as follows: Permit to work in public right-of-way 15.00 6:hen work in public right-of-way requires the submittal of plans and specifications, review of the plans shall be charges in accordance with the hourly fees approved for the Engineering Dept. Water Heaters --New (Including Pool H&aLtr-aj hereby set as follows: for inputs not exceeding 100,000 BTU 9.00 100,001 to 200,000 BTU 12.00 200,001 to 300,000 BTU 14.50 300,001 to 500,000 BTU 15.00 500,001 to 700,000 BTU 36.00 700,001 to 1,000,000 BTU 48.00 Any fixture not listed above 6.00 Rain water Leaders - all stacks 10 stories or less 12.00 - all stacks over 10 stories 18.00 Area Roof Drains (each) 7.50 Lawn Sprinkler Systems - Residential 18.00 Lawn Sprinkler Systems - Commercial (This fee includes water connection from building piping to yard side of siphon breaker) 30.00 Commercial plumbing permits to be figured by the above fixture schedule but at the time the permit is to be issued, the permitee will certify the contract price and the fee will be based on the above method or 1.25% of the contract price, whichever is greater. Gas Piping Permits hereby set as follows: Minimum Fee 3.60 +$.50 State Surcharge Tax Residential - Each fixture or appliance 2.50 Alterations and Repairs - Minimum Fee +$.50 State Surcharge Tax [Where the gas piping is divided between two contractors such as the Heating Contractor installing the gas line to the furnace and the Plumbing Contractor doing the balance of the gas piping, each Contractor shall take out a permit. Commercial For installation of piping up to and including two (2) inches in size, providing not over three (3) openings 11.00 and for each additional opening 3.00 — 8— For installation of piping exceeding two (2) inches in size, providing not over three (3) openings and for each additional opening Enameling ovens, retorts and similar gas burning devices: Fees to be determined as for commercial water heaters. Steam Generators for process use (pressing, dry cleaning, etc.): Fees to be determined as per heating code. Agricultural and Non -Agricultural Storage Form (Report) Annual report processing FINANCE - hereby set as follows: Industrial Revenue Bond Fees 1. Application fee for Industrial Revenue Bonds 2. Legal expenses as billed 14.50 4.00 10.00 1/10th of 1% of application with a $1,000 minimum and a $6,000 maximum Garbage Rates (Authorized by City Code 3.02) 1. Urban Residence 2. Senior Citizen in urban residence 3. Commercial and non -urban rates not set by the City Sewer Service Charg*es (Authorized by City Code 3.02) (Effective on the 4/1/83 billing) 1. Quarterly service charge 2. For every 1,000 gallons or part thereof of metered flow or water usage 3. For annalized flow in excess of one million gallons a service charge per million gallons or part thereof of metered flow or water usage 4. Charge for unmetered residential water accounts or new accounts 5.67/month 3.82/month 9.00 1.22 49.00/mil.gal. 8.70/month Ypr�r� Service Availabi itv Charge (SAC) riou vu t [uerClal PUb11C and TnSt i tint i onal Facilities (Piandated by MIWCC) (These fees forwarded to V CC) Tyne of Facility Parameter SAC Units Arenas 110 seats 1 Automobile Service 2 service bays 1 Ballroom Facility without liquor service 825 sq. ft. 1 Facility with liquor service 590 sq. ft. 1 Banquet Room Food catered 2060 sq. ft. 1 Food catering with dishwashing 1180 sq. ft. 1 Food preparation and dishwashing 825 sq. ft. 1 Food preparation, dishwashing with 590 sq. ft. 1 liquor Barber Shop 4 chairs 1 Beauty Salon 4 stations 1 Boarding House 5 beds 1 Bowling Alleys 3 alleys 1 Car Wash (Self -Service) 1 stall 3 Car Wash (Service Station) 6 Car Wash (Requires specification on equipment flow rate and cycle time) Churches 275 seats 1 Cocktail Lounge 23 seats 1 Fast Service Restaurant 22 seats 1 (minimal dishwashing) Example: Pizza Parlor, McDonald's, etc. General Office Building 2400 sq. ft. floor space 1 Handball and Racquet Courts 1 court 2 Hospitals 1 bed 1 Laundromats (requires water volume for cycle time, 8 cycles per day) Motels and Hotels (assume 2 persons/ room) 2 rooms 1 -10- In Nursing Home 3 beds 1 Restaurant (Drive-in) 9 parking spaces 1 Restaurant (18-24 hours service) 6 seats 1 Restaurant (12-18 hours service) 8 seats 1 Restaurant (12 hours service) 12 seats 1 Restaurant (with cocktail lounge) 10 seats 1 Retail Stores 3000 sq. ft. floor space 1 Rooming Houses 7 beds 1 Schools (Sunday) 55 students 1 Schools (Elementary) 18 students 1 Schools (Secondary) 14 students 1 Service Station (gas pumping only) 1 Service Station (with service center) 2 Service Station (with service center and car wash) 8 Swimming Pools 900 sq. ft. pool area 1 Tennis Courts 1 court 2 Theater 64 seats 1 Theater (drive-in) 55 parking space 1 Warehouses 14 employees 1 Speculative Warehouse 10,000 sq. ft. 1 (to be adjusted based on employees when user is established) The SAC unit for a facility not included in the above list will be determined by the Metropolitan Waste Control Commission. A request for SAC unit determination should be made prior to the issuance of the Building Permit. Residential SAC Charge (Mandated by MWCC) (These fees forwarded to MWCC) Residential 425.00/unit Office Charges hereby set as follows: 1. Assessment searches 5.00 -11- 2. Copy fee General Public .20 Other governmental/non-profit public service .07 3. City Code 25.00 4. Comprehensive Plan (see page 14) 25.00 5. City Map (small) General Public .75 Other governmental/non-profit public service .15 City Map (large) General Public 1.50 Other governmental/non-profit public service .30 POLICE Accident Report Copies hereby set as follows: 1. One page 2.00 2. Two pages 3.00 Towing and Impounding of Vehicles hereby set as follows: Towing and impounding is done by a private contractor having appropriate impounding facilities. Fees are set by contractor. Dog Licenses, Impounding Fees, etc (Authorized by City Code 10.21) 1. Dog Licenses (good for the life of the dog) 5.00 2. First impoundment 10.00 3. Second impoundment 20.00 4. Third and successive impoundment within a 12 -month period 30.00 5. Amount charged -per day when confined to the Pound 3.00 6. In the case of an unlicensed dog or a dog for whom proof of a current rabies vaccination cannot be shown, an additional penalty of $5.00 shall be paid. PUBLIC WORKS Equipment Rental hereby set as follows: Caterpiller Grader (private) 50.00/hour (State snow removal) 42.35/hour Front end loader (Fiat -Allis) private 50.00/hour (State snow removal 2-1/2 yd. w/blower) 44.20/hour -12- Front end loader (Case) private 50.00/hour (State snow removal 2 1/2 yd. w/o blower) 42.35/hour Elgin street sweeper 50.00/hour Littleford pull broom 15.00/hour 2-1/2 ton dump truck (single) 30.00/hour 2-1/2 ton dump truck w/plow 40.00/hour 5 ton dump trunk (tandem) 40.00/hour 6 yd. "Pup" Tag -a -long trailer 15.00/hour 3/4 ton pickups (w/plow add 10.00) 25.00/hour 5 ton tandem truck 2 w/plow 55.00/hour Mower tractor (turf type) 30.00/hour Weed Mowing (rough terrian) 35.00/hour Asphalt roller (1-1/2 ton) 15.00/hour Bobcat Type Loader 30.00 Pull paver 15.00/hour Steamer (w/tender) 50.00/hour Huber maintainer 25.00/hour Wood Chipper 30.00/hour Post hole digger (tractor mounted) 30.00/hour (w/o tractor) 10.00/hour Power auger (Hand held) 10.00/hour Sign replacement/installation 60.00/sign (w/o post less $10.00) Sewer rodder 40.00/hour (or .50 per foot) Video sewers (w/cassette add $20.00/each) 40.00/hour (or .25 per foot) Sewer jet cleaning 40.00/hour (or .50 per foot) Barricades w/flashers 5.00/day Barricades w/o flashers 3.00/day Cones .50/day -13- PLANNING - hereby set as follows: Application for Conditional Use Permit Home Occupations 50.00 All others 100.00 Renewal (same as new) Application for Variances Single Family Residential 50.00 All others 100.00 Application for Plats Divisions (incl. $45.00 for signing) Preliminary Plat 245.00 + $5/lot minimum 145.00 + $3/acre, whichever greater Final Plat 50.00 Lot Split 35.00 Registered Land Survey 50.00 Lot Consolidation 50.00 Application for Rezoning (incl. $45.00 for signing) 1 Acre or less 195.00 Over 1 Acre 195.00 + $10.00/acre Application for Planning Unit Development Concept Plan 100.00 Preliminary Plan 200.00 + $15.00/acre Final Plan 100.00 Application for Fill & Mining Permit 1 - 1000 yards 25.00 1000 - 20,000 yards 100.00 (C.U.P. Fee) Over 20,000 yards 100.00 (C.U.P. Fee) + all consultant fees 2500.00 cash deposit required Application for Signs Permit Permanent 20.00 + $.25/sq. ft. Temporary 5.00 -14- Copy of Official Maps Zoning (22" x 3411) (8-1/2" x 1111) 2.00 Special Printed Maps .25 Topography Maps .25/sq. ft. 50.00 + Flood Plain Maps 5.00/acre .00 (Free) Developers Package Land Use Regulations (Zoning) Subdivision Regulations 5.00 Sign Regulations 3.00 1.00 ,Comprehensive Plan 25.00 ENGINEERING - hereby set as follows: Department Fees (emplovees) City Engineer 43.00/hour Technician IV 28.50/hour Technician III 25.00/hour Technician II 16.00/hour Secretary 14.00/hour Salary multiplier 1.7600 used when an employee's rate is not specified above. Project Plans & Specificatians Charged at 90p of the fees computed according to Curve B expressed as a percentage of construction costs for projects of average complexity from 1972 ASCE Manual No. 45. Permit Review 1. Commercial 30.00 2. Residential 15.00 3. Recheck at 1/2 the original fee Plan. Plat and Report Review 1. Review 30.00 2. Plus hourly rate 3. Recheck at hourly rate -15-- -�- - hereby set as follows: 1. Application fee for variance from or amendment to the cable franchise ordinance PLUS Costs of consultants hired to assist the City in considering variance applications will be billed to applicant based on actual cost to the City. Notification will be sent to applicant that consultants will be utilized when that determina- tion has been made. -16- 25.00 /DZ,,7 Memo To: John K. Anderson, City Administrator From: Gregg M. Voxland, Finance Director Re: Official Depositories Date: December 12, 1984 Introduction & Background Request Council pass Resolution No.2351 designating additional depositories. I have purchased Certificates of Deposits from them at interest rates of 11.3% to 12.45% with the longest term being four years. These institutions are covered by FSLIC insurance. If the resolution does not pass I would have to liquidate the C.D.'s on the secondary market. Alternatives 1. Pass Resolution No. 2351 2. Do not pass Resolution No. 2351 Recommendation Alternative No. 1 Action Requested Adopt Resolution No. 2 351 GMV:mmr RESOLUTION NO. 2351 A RESOLUTION DESIGNATING ADDITIONAL OFFICIAL DEPOSITORIES OF CITY FUNDS WHEREAS, M.S. 427.02 provides that the City Council depositories; anddesignate, WHEREAS, the State of Minnesota Statutes 118.005 and 475.66 provides that Cities may invest in time deposits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL.OF THE CITY OF SHAKOPEE, MINNESOTA, that the following institutions are designated as addi- tional depositories with the respective dollar amounts as limits and as secured by insurance and/or Collateral. Columbia Savings & Loan First Federal Savings & Loan 100,000.00 $100,000.00 American Federal Savings & Loan 100,000.00 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1984. Mayor of the City of. Shakopee ATTEST: City Clerk Approved .as to form this day of December, 1984. City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk (-J RE: Apportionment of Assessments Against Century Plaza Square 2nd Addition DATE: December 11, 1984 Introduction As a result the platting of Century Plaza Square Second Addition, the balance of the CR -17 special assessments should be apportioned against the new parcels. Background When Century Plaza Square 2nd Addition was platted, the developers agreement contained the apportionment of assessments remaining against the resultant parcels. Soon after the plat was recorded the special assessments against the Shakopee '84 Partnership property were paid so that the remaining special assessments are only against Outlot A within the subdivision. Mr. Link, owner of Outlot A, has been advised of the proposed appor- tionment, which is consistent with the apportionment outlined in the developers agreement. Alternatives a. Apportion assessments. b. Don't apportion assessments. Recommended Action Offer Resolution No. 2349, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Subdivision of Land into Century Plaza Square Second Addition, and move its adoption. JSC/jms A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE SUBDIVISION OF LAND INTO CENTURY PLAZA SQUARE SECOND ADDITION WHEREAS, on September 28, 1976 Resolution No. 968 adopted by the City Council levied assessments against properties benefitted by construction of the 1974-1 CR -17 improvements; and WHEREAS, two parcels of land, known as 27-906-5224-016-00 and 27-906-522.4-019-00, which benefitted by the said improvements, have been subdivided into the plat of Century Plaza Square Second Addition; and WHEREAS, the developer of Century Plaza Square Second Addition agreed to the apportionment of the 1985 payable remaining balance of assessments as outlined in the developers agreement for said plat dated October 16, 1984; and WHEREAS, subsequent to the filing of the plat of Century Plaza Square Second Addition with the Scott County Recorder, all assess- ments against parcel number 27-906-5224-016-00 were paid in full. WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against said tracts among the newly created parcels within the plat of Century Plaza Square Second Addition; and WHEREAS, the property owner involved has been notified of this proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the 1985 payable remaining balance of assessments to parcel 27-906-5224-016-00 :is $0 and to parcel 27-906-5224-019-00 is $368.24 for the 1974-1 CR -17 improvements and is hereby apportioned as follows: Assessment Legal Code Parcel No. Name/Address Description Amount 39(74-1A) 27-118-001-0 Shakopee '84 Partnership Lot 1 Block 1 0 Rt Box 163 Delano, MN 55328 Attn: Gary Janisch " 27-118-002-0 if Lot 2 Block 1 0 " 27-118-003-0 Cletus & Helen Link Outlot A $368.24 12831 Link Drive Shakopee, MN 553.79 " 27-119-004-0 11 Outlot B 0 " 27-118-005-0 City of Shakopee P/0 Outlot B 0 Lying in North " 27-118-006-0 City of Shakopee P/0 Outlot B 0 Lying in South 2. That all other parts of Resolution No. 968 shall continue in effect. MEMO T0: FROM RE' John K. Anderson, City Administrator 0.� Judith S. Cox, City Clerk Appointments to Suburban Rate Authority for 1985 DATE: December 13. 1984 Introduction It is necessary to designate the director and alternate director from our community to the Suburban Rate Authority for 1985. The attached resolution designates Mayor Reinke as the director and John Anderson as the alternate director for 1985. Action Requested Offer Resolution No. 2353, designating Director and Alternate to Suburban Rate Authority, and move its adoption. JSC/jms RE-SOLUTION–NO.-2353 A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATIVE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the CIty of Shakopee, Minnesota, as follows: Eldon A. Reinke is hereby designated to serve as a director of the Suburban Rate Authority, and John K. Anderson is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1985 and until their successors are appointed. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 18th day of December, 1984. Mayor of the City -of a ogee ATTEST: CTty–CTer Approved as to form this day of 1 gg— y Attorney CITY Op SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 TO: SHAKOPEE CITY COUNCIL FROM: JIM KARKANEN, PUBLIC WORKS SUPT, SUBJECT; AUTHORIZE LEAVE OF ABSENCE W/O PAY 1 WISH TO INFORM YOU OF MY INTENTION TO USE MY ACCUMULATED EARNED VACATION COMMENCING JAN. 7TH TO FEB, 8TH, 1984, A TOTAL OF 24 WORKING DAYS. THEN, IN ACCORDANCE WITH THE SHAKOPEE CITY PERSONNEL POLICY, (SECTION 13),I RESPECTFULLY REQUEST AN AUTHORIZED LEAVE OF ABSENCE, WITHOUT PAY, AS PUBLIC WORKS SUPT., FOR A THREE MONTH PERIOD COMMENCING FEB. 11TH TO MAY 12TH, 1984, IN ORDER TO PURSUE SOME BUSINESS INTERESTS. - JIM KARKANEN DATED; DEC. 18, 1984 909 MINNESOTA ST SHAKOPEE, MILAN. 55379 612-445-3549 T�r� �ICc77 ��� ��r��(7rL � (Cam MEMO TO: John K. Anderson, City Administ or FROM: H. R. Spurrier, City Engineer SUBJECT: 1984 Vacation Accrual DATE: December 18, 1984 INTRODUCTION: Under most circumstances all City employees are expected to use all of the vacation they accrue during the year. During the last half of 1983 and during 1984 I have not had an opportunity to use the vacation I have earned. As a result, for the second year I am faced with losing vacation. BACKGROUND: In 1983 I lost .E hours of acrued vacation and that was to small to argue about. In 1984 the stakes are considerably higher. I have 81.1 hours that I must use before the first of the year. There is no question that racetrack, prison, by-pass right-of-way acquisition and the other routine tasks that were undertaken this year made it impossible to take the vacation. Not only was it impossible to take the vacation I had acrued, but during that period of time I worked an additional 500 hours of overtime which I was not compensated for because I am a salaried employee. In November I spoke to you about a salary adjustment that would equitably compensate me for some of the overtime. I realize that any compensation for that overtime, no matter what it amounts to, has the potential affect of destroying the pay plan which is extremely important to the City. Rather than go away empty handed, I am requesting cash payment for 81.1 hours of vacation which I accrued during 1984 when I was unable to take vacation. gin. Since the principal reason for losing vacation is to encourage its use; and since I will accrue a more than adequate amount of vacation in 1985; and since the expressed purpose of vacation is to cleanse the mind I can assure you that a cash payment for vacation four days before Christmas would more than cleanse my mind and soul and recharge me for the year ahead. I understand thaturs.{ant t• � our _ltY' diSCL{.r51o. most pallajable ar;c' since Cite C•:t � � ,s, this alternative seems t�� be the o , �_.ncil has p, evio�_{sly waived personnel policy re- quirements as they relate to vacation, I believe this is a reasonable arrangement.. T am under budget this year and could cover "his amount Under personal services. AC710N REL! TESTED: A motion to waive the Provisions of Personnel Policy ter,;^ v ca i0ri leave with pay, = PEY 81. 1 hours of acrlled vaCa'i �r. ieaVe W4+h ^� c i ar:?lllln4 sha=Z be deducted f„ -total , P,aY as pa, � ,Henry R. Spurrier Uc, ed from + of a_ accrued 7 e ;ve + o f o ,ti - a 'r; _=+nsidera •I Or, of the ver ;, rt?e worked d�_{rinq 1554. �s 1 MEMO TO: John K. Anderson, City Administrator v FROM: Barry A. Stock, Admin. Intern RE: Opt Out Contract DATE: December 18, 1984 INTRODUCTION AND BACKGROUND The transit contract between MnDot and the City of Shakopee expires December 31, 1984. Rather than rewriting the entire contract, MnDot proposes that we amend our current contract. The only two changes to the contract would be in the amount of funding for our transit project and the expiration date. (See Attachment) ALTERNATIVES 1. Amend the Opt -Out contract as proposed by MnDot. 2. Do not amend the Opt -Out contract. STAFF RECOMMENDATION Staff recommends alternative number 1. ACTION REQUESTED Move to authorize the appropriate city officials to amend the transportation contract between MnDot and the City of Shakopee. STATE OF MINNESOTA Department of Transportation CONTRACT AI.ENTD=NT Amendment ul to Contract -P62212 between the Minnesota Department of Transportation (Mn/DOT) and the Citv of Shakopee WHEREAS, the City of Shakopee is currently operating a dial -a -ride and van pool commuter transit service which is funded under the Metropolitan Transit Demonstration Program, more commonly known as "Opt -Out", and WHEREAS, Mn/DOT and the City of Shakopee have negotiated and are in agreement to revise the aforementioned contract, NOW, THEREFORE, the terms and conditions of this contract are amended as follows: Section I.A. - Delete "&89,938.00" and insert therein, "$255,377.00". Section I.C.3. - Delete "$89,938.00", and insert therein "$255,377.00". Section IV.A. - Delete "December 31, 1984" and insert therein , "Decemoer 31, 1985". (1)