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HomeMy WebLinkAbout05/21/1985 MEMO TO: Mayor and Council FROM: John K. Anderson RE: Non-Agenda Informational Items DATE: May 15, 1985 No. 1 The City has received and placed on file a draft ordinance regulating the surface use of lakes within Scott County drafted by the Scott County Board. The ordinance regulates boats, etc. on Scott County lakes. Chief Brownell had no problem with the ordinance so we do not plan to attend the Tuesday, May 29 , 1985 hearing at 3 p.m. on the ordinance. The meeting is in the Courthouse Board Room should a council member wish to attend. No. 2 Attached is a letter to Dick Kinzel regarding legislative changes Val.leyfair is seeking to resolve their dike problem. Dick Kinzel asked me if the City had any problems with the proposed legislation. After reviewing it with Bo we concurred that we have no problem with the proposed legislation. I contacted the League of Cities and our two representatives to let them know that the City supported the legislation. If council members have a concern about this they should contact me on Monday. No. 3 Attached is a memo from Judy Cox regarding some of the complexities that our current liquor license allocation system could possibly create for Council. No. 4 Attached is the quarterly newsletter from Springsted, Inc. No. 5 Attached is a Follow-up Notice from the Minnesota Transportation Regulation Board regarding the removal of the siding at Market Street serving Fairest Made Foods. No. 6 Attached are the minutes of the May 7 , 1985 meeting of the Shakopee Baseball Lighting and Stadium Committee. No. 7 Attached are the minutes of the April 10 , 1985 meeting of the Industrial Commercial Commission. No. 8 Attached are the minuted of the April 22 , 1985 meeting of the Shakopee Cable Communications Advisory Commission. No. 9 Attached is a memo from the League of Minnesota Cities re- garding additions to LMC Conference Program. No. 10 Attached is the Expenditure and Revenue Report as of 4-30-85. No. 11 Attached is a notice regarding an Open House for Logis. ALL �a Family Amusement PaRk One Valleyfair Drive, Shakopee, MN 55379 (612) 445-7600 May 10, 1985 State Senator Robert Schmitz Minnesota Senate State Capitol Building St. Paul , MN 55155 Dear Senator Schmitz, The attached letter and proposed legislation is in regards in attempting to resolve our dike problem, which you are aware of. Ms. Brantingham is an attorney for the Minnesota Association of Commerce and Industry. This legislation is House File 442 and will be introduced by Senator DeCramer in the Senate and Representative Jennings in the House. Any assistance you could give in helping resolve this problem would be appreciated. s Very truly yours, i Richard L. Ki nzel �f Vice President/General Manager RLK:dw attachment �� "� B R O E K E R & GRANT ATTORNEYS AT LAW 2850 METRO DRIVE-SUITE 800 MINNEAPOLIS (BLOOMINGTON) MINNESOTA 55420 JOHN M. BROEKER (612) 854-5263 WILL HARTFELDT DAVID A.GRANT OF COUNSEL STEVE M. MIHALCHICK BARBARA J. BLUMER SAMUEL D.ORSOVICH ROBERT J. RAU JAMES W. INGISON LEGAL ASSISTANT FRANCES LONG ROBINSON REIMBURSEMENT SPECIALIST DANIEL E.WARNER May 7, 1985 Mr. Richard Kinzel Valleyfair, Inc. One Valleyfair Drive Shakopee, Minnesota 55379 Dear Dick: Enclosed is a copy of legislation we have drafted today at Shirley Brantingham' s request. We have forwarded a copy to her by messenger, and she will try tomorrow to have it included in a proposed bill concerning drainage ditches as an author ' s amendment. Very truly yours, BROEKER & GRANT By. Fra c ng 66binson FLR: jp Enclosure § 104.03, Subd. 2a e In places where the flood plain has been delineated by ordinance in the manner required by sections 104.01 to 104.07 so as to include a seasonal amusement park lawfully existing upon the effective date of the passage or amendment of the ordinance; such amusement park shall be exempted from the requirements of this chapter and rules promulgated hereunder so long as there is no change in its use as an amusement park or in its boundaries existing as of such date. AK . M K. Anderson, City Administrator OM Judith S. Cox, City Clerl_-C'., wV✓ RE: On Sale Liquor Licenses - Informational DATE: May 13 , 1985 I would like to share with you and the Council my interpretation of the City' s apportionment of its 12 on-sale liquor licenses as it relates to recent inquiries I have received. We currently have issued and apportioned our licenses as follows: Apportioned Issued Class A - under 4 ,000 sq. ft 6 (no more than) 7 Class B - over 4 ,000 sq. ft. 3 (no less than) 2 Class C - hotel w/restaurant 3 (no less than) 0 over 4 ,000 sq. ft. w/50% of receipts from sale of food Until a license in the Class A expires , a license will be short in one of the other classes. Most likely it would be the last one applied for. Sandra Rosenberg, who addressed the Council on May 7th, is now exploring the feasibility of building a structure which would fit the requirement of a Class B license, structure over 4, 000 sq. ft. If she can put it together, I did advise her that there is one license remaining in the Class B. The current City Code does not require the sale of food. A second, recent, inquiry made regarding the availability of a liquor license came from a party looking to build a commercial planned unit development on a 10 acre tract on CR-83 north of the Racetrack. The development would consist of a hotel with a restaurant/coffee shop of approximately 4, 000 sq. ft. with an underground walkway to a separate structure consisting of a 10 ,000 sq. ft. restaurant and small adjoining shops. If both restaurants were run by the same corporation, they would only need one license. They would obviously qualify for either a Class B or Class C and would probably obtain the Class C license. Should the operation become divided sometime in the future, so that there were separate corporations operating the two restaurants, a second license would become necessary. If anyone has questions or would like more information, I 'd be happy to try and answer them. JSC/jms MN Municipality Volume II, Issue II 1 Spring, 1985 7/ THE S=1 LETTER /Z (Please distribute to City Council members and administrative officials of your choice.) Bond Market Conditions The market has improved noticeably for mid and long-term bonds since the end of 1984, with most of the improvement in interest rates coming during the past 45 days. We have shown below the levels of key market rates for early January, 1985 and for May 3, 1985. January 4, 1985 May 3, 1985 20-Year - Bond Buyer Index 9.87 9.37 30-Year - Bond Buyer Index 10.31 9.73 Prime Rate 10.75 10.50 Discount Rate 8.00 8.00 90-Day Treasury Bills 7.99 7.91 One-Year CD's 9.09 8.88 We look for some stability in rates, though the continuing unresolved federal deficit with resulting large federal borrowing remains a dark cloud on the horizon. Our general advice on market timing for your bond issue remains the same: "If you need the money, sell the bonds and don't play the market." S-I Expands Springsted Incorporated was hired recently as financial advisor to the City of South Bend, Indiana, to market the state's first tax increment revenue bond issue. Indiana brings to 13 the number of states, plus the District of Columbia, in which we represent local government or higher education issuers. Those states include: Indiana Colorado Virginia Iowa Minnesota West Virginia Kansas Montana Washington Louisiana South Dakota Wisconsin Wyoming Our primary base remains Minnesota and we have gone to extraordinary means to insure our continued ability to provide a high level of service to our current clients. During the past three months we have increased the sophistication of our computer systems, added a microfiche capability for bond file records, and have expanded our offices to the 9th floor of the Osborn Building. However, the most significant move to improve our performance has been the expansion of our staff. We have added four key persons to that staff during the past three months. Those staff additions include Ronald Sundberg, Consultant, formerly Manager of Energy Analysis and District Heating Projects, Minnesota Department of Energy and Economic Development; Sherrill Cloud, Vice President, formerly Vice President of the National Center for Higher Education Management Systems in Boulder, Colorado; David MacGillivray, Senior Finance Analyst, formerly Finance Director at Inver Grove Heights and White Bear Lake; and Katherine KardelI, Research Analyst, formerly with the City of Edina, Minnesota. SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS 800 Osborn Building e Saint Paul, Minnesota 55102 . (612) 222-4241 Durin the past 12 months we have been involved with Minnesota issues ranging in size from ?30,000 to $68,800,000. We pledge to continue to provide a high level of professional service to all prospective issuers in the State, and we continue to value our relationship with you. Reinvestment of Municipal Funds The recent financial collapse of EMS Government Securities, Incorporated and Bevill, Bresler and Shulman Asset Management Corporation has been well publicized, as has been the terrible adverse impact on several dozen unlucky local governmental units and their finance professionals. While it may take years to sort out the final results, it is clear that significant pain will be inflicted on the taxpayers of those affected governmental units which lost millions of dollars in investments which were secured by repurchase agreements, collateralized by an inadequate value of federal government securities. Minnesota Statutes Section 475.66, subdivision I, permit the investment of debt service funds in a number of securities including repurchase agreements. The statute provides that "repurchase agreements may be entered into with a bank qualified as depository of money held in the debt service fund, or with any national or state bank in the United States which is a member of the federal reserve system and its combined capital and surplus equals or exceeds $10 mil lion, or a reporting dealer to the Federal Reserve Bank of New York." Since there are no Minnesota based reporting dealers to the Federal Reserve Bank of New York, any repurchase agreements to be made locally must be entered into with a bank qualified under the statute. The underlying securities for the repurchase agreement with banks are U.S. Treasury or Agency securities. Our investigation indicates the treatment of the collateral varies from case to case. In most instances the investing municipality gets only a confirmation slip recording the transaction and describing the collateralized security. In those cases the bank does not set up a safekeeping account or actually deliver the security to the investor, and the investor in effect has made an unsecured loan. The bank segregates the securities on its books only. We advise you to seek advice from your legal counsel as to whether this process meets the requirement of Section 475.66, and further, whether it provides adequate safeguards for protecting the city's investments. Subdivision 2 of Minnesota Statutes 475.66 does contemplate investments being held in safekeeping with certain banks, provided the municipality's ownership of any securities in which the fund is invested is evidenced by written acknowledgements identifying the securities by the names of the issuers, maturity dates, interest rates, and serial numbers or other distinguishing features. Tax Increment Projects - Equity Participation Agreements A number of Minnesota cities have begun negotiating equity participation agreements with developers which require the city to be repaid all or a portion of its tax increment assistance upon certain conditions, such as sale of the property or when a cash flow turns positive. Now, a rule change proposed by the Internal Revenue Service would appear to place in jeopardy any bond issue used to fund the up front costs for the developer assistance. If the developer or owner of the property is required to repay all or a portion of the tax increment assistance, it is considered a loan, subjects the bonds to the consurner loan test and would make the bonds taxable. This would represent a serious problem with the original purchasers of tax-exempt bonds, which would translate to a serious problem for the issuer. Multi-family rental housing projects appear to be exempt from the restriction. if you are considering a tax increment project with an equity agreement, we recommend you discuss it in advance with us and bond counsel. BEFORE THE MINNESOTA TRANSPORTATION REGULATION BOARD Roger A. Laufenburger Chairman A"- Lorraine "Lorraine E. Mayasich Board Members '`` John E. Moran Board Member In the Matter of the Petition of ORDER NO. R-4031 Chicago & North Western Transportation Co . to Retire and Remove ICC Track No. FILE NO. D-5387 11 Located at Shakopee, MN. ORDER AFTER NOTICE OF PETITION AND OPPORTUNITY FOR HEARING It Appearing, that by petition filed with the Transportation Regulation Board March 15, 1985, the Chicago & North Western Transportation Company (Petitioner) requests authority to retire and remove ICC Track No. 11 located at Shakopee, MN. , as shown in yellow on study print dated October 19, 1984 , attached to the petition; and IT FURTHER APPEARING, that Petitioner states the subject track is no longer needed for rail transportation service and that the only shipper, patron or member of the public who might have an interest in the retention of the track or facility, or who has used the same to any substantial degree within the past several years is Fairest Made Foods , Inc . -134 So. Main St . , Shakopee, MN. 55379; and IT FURTHER APPEARING, that attached to the petition is a signed certificate by the Asst . Div. Manager-Engineering, stating that a defective frog of the mainline turnout was removed in 1984 and the track is no longer required . It was further noted that the City of Shakopee is considering the reopening of Market Street; and IT FURTHER APPEARING, that on March 29, 1985, the Transportation Regulation Board issued a Notice of Opportunity for Hearing to all known potential parties of interest pursuant to Minn. Stats . 219.741, and also published said notice in its weekly calendar of notices which stated that any person may file a written objection to the proposed action by means of a letter addressed to the Transportation Regulation Board not later than April 26, 1985; and IT FURTHER APPEARING, that the City of Shakopee has notified the Board that although the City has no objection to the present track removal petition, they intend to pursue a request through appropriate channels to relocate the present rail spur track intersection with the main line west of the Market Street right-of-way; and IT FURTHER APPEARING, that no persons filed any written objections to the petition . IT IS THEREFORE ORDERED: O R D E R That the petition of the Chicago & North Western Transportation Co. for authority to retire and remove ICC Track No. 11, located at Shakopee, MN. as shown in yellow on study print dated October 19, 1984 , attached to the petition, is hereby granted, effective on the service date of this order. IT IS FURTHER ORDERED that petitioner shall, within 180 days from the service date of this order: 1 . Remove the subject tracks . 2 . Remove crossbucks or signals from the crossing, if applicable . 3 . Restore the crossing surface to a condition satisfactory to the appropriate road authority, if applicable. BY ORDER OF THE BOARD Roger A. Laufenburger Chairman SERVICE DATE: May 8, 1985 ( S E A L ) RAL/JEP/ms SHAKOPEE BASEBALL LIGHTING & STADIUM COMMITTEE MEETING — MAY 7, 1985 The meeting was called to order at 6:20 p.m. in the Shakopee Community Services Meeting Room by Chairman Joe Schleper. Members present: Ray Siebenaler, Bert Notermann, Jim Stillman, John Goihl, Jim O'Neill, Joe Schleper, Jr, Bill Schleper, Joe Schleper, Sr, and George Muenchow Chairman Schleper read a report from Treasurer Bob Techam showing that $7,950.00 has been deposited from the current stadium fund raising campaign. Current total fund balance is $11,416.00 as deposited in the checking account. Chairman Schleper reported that John Engler had told him that the Jaycees would finance a scoreboard for the project. Committee members gave progress reports on ticket sales. Apparently no one is being turned down. Main problem is finding time to make contacts. Reports are encouraging. It was decided to suggest to Bill Klein and Tim Riffe that they delegate some of the business places to other committee members to help in making contacts under their direction. The June 16 target date is coming fast. These contacts will be made by telephone. Letters are being distributed to youth baseball families through the newly organized Shakopee Baseball/Softball Assn and Babe Ruth Baseball. The next meeting will be scheduled at the discretion of the chairman. Re pectful y submitted, eo� Muenchow, Secretary g Unapproved Page 1 MINUTES INDUSTRIAL COMMERCIAL COMMISSION SHAKOPEE, MINNESOTA APRIL 10 ,1985 MEMBERS PRESENT: Paul Wermerskirchen, Chairman Jane DuBois Jim O'Neil John Manahan Tim Keane Anthony Berens , Shakopee Development Corporation John Anderson, Chamber of Commerce Liaison MEMBER ABSENT: Al Furrie GUESTS PRESENT: Jeanne Andre, Community Development Director The Chairman requested roll call and convened the ICC meeting at 5 : 10 p.m. in the City Council Chambers. MINUTES On a motion by Jim O'Neill , seconded by Tim Keane, the Minutes of March 13, 1985 , were approved. REPORT FROM AD HOC COMMITTEE Jeanne Andre, Community Development Director, reported that there has been no ICC Liaison appointed but instead individual Ad Hoc Committee members will take turns attending the ICC meetings . The ICC recommendations on Zoning and Design Standards were taken under legal review. A MnDOT status report will be available at the May 8 , 1985 , ICC meeting regarding the project/program priority listing of the 169 By-Pass in downtown Shakopee. The City will continue to work with MnDCTto develop a cooperative agreement in the meantime, until a State funding decision is reached. It was a ccnc.ensus for ICC not to have an exhibit at the Shakopee Showcase this May. Tim Keane stated he attended the last Downtown Ad Hoc Committee Meeting and indicated his request to be appointed to that Committee. Unapproved Page 2 INDUSTRIAL-COMMERCIAL DAY UPDATE- Tim Keane provided a subcommittee report on the preparations for the 1985 Industrial Commercial Day activities . He brought the previous slide presentation and tape , and described plans for a video presentation. The next subcommittee meeting will be on April 24 , 1985 and will consider budgets and program schedules. GOALS AND OBJECTIVES- The Chairman prefaced the major topic for this meeting by citing the three previously identified ICC Goals and Objectives : 1. To attract industry and commerce 2. To create jobs 3 . To increase City' s tax base. He further identified the projects which the ICC has been involved with during the years (see listing on April 10 , 1985 Agenda) . The ICC devoted much discussion and efforts to the review and critique of appropriate goals and objectives for itself . Jake Manahan stressed the ICC has evolved from an informal advisory body into a more institutionalized economic development group with reliance upon City staff to provide information to the ICC, coordinate the flow of information and recommendations to the City Council and other advisory bodies , and to implement ICC recommendations . The City Administrator described three major topics which received ICC attention and led to improvements in City government: 7 . Commercial building permit time parameter 2. Platting procedure 3 . Star Cities program, and other procedures to facilitate economic development There was discussion of the role of the ICC as an originating, not reactive but active idea-creating Committee which could suggest new directions for the City. It was a concensus that the ICC has met its previous objectives, for example, the procedure for Industry Day. The City Administrator asked the ICC to consider three long term goals: 1. Should an economic development "salesperson" staff member be sought for Shakopee? 2. Should a Full-time Chamber of Commerce Executive Director be considered? 3 . Should the Shakopee Local Development Corporation assume a more agressive role with more resources and staffing? 7 Unapproved Page 3 Jim O'Neill described the duties of the "salesperson" staff in Maple Grove, and discussion followed of the application to Shakopee. There was general support to pursue evaluating the possibilities and advantages of having such a staff person in Shakopee. It was stated that the continuing professionalism in the City staff has helped Shakopee immeasurably, and this could be extended to economic development activities . It was suggested that a meeting be arranged for the purpose of providing an explanation of what is done in other communities who have on staff a resource person like the "salesperson" in Maple Grove. It was proposed to invite key Chamber persons , members of the Shakopee Local Development Corporation, ICC members , both local banks , and staff from other towns who have roles as Chamber Manager or Economic Development Director. There was a concensus that Shakopee needs a City staff person who could concentrate on the topic of economic development when the City could now take great advantage of current development opportunities. The format of the proposed meeting would be a "round table" brain- storming session. The Chairman will make phone inquiries , followed up by a letter of confirmation to all invitees. Staff will check on the availability of budget money to finance a luncheon buffet or hors d ' oevres. May 15th or May 14th were selected as tentatives dates. It was decided to not invite the members of City Council to the "round-table ' meeting, but to forward recommendations to the City Council which may result from the session. STAR CITIES PROGRAM The Chairman asked for the Committees reaction and/or support to completion efforts of the Star Cities Program. It was agreed that the greatest benefit to Shakopee is actually compieteing the process. Comments were made of the need to follow-up on leads developed at industrial-Commercial Day. The Chairman read the goals and objectives of the City Council frorn the Economics development Section, upon request of Jane DuBois to compare ICC goals and objectives to those of the City Council. Jim O'Neill offered to contact he economic development staff person in Maple Grove to invite him to attend the "round-table" session as a resource person. Tim Keane will provide the franchise list to the industrial- Commercial-Day subcommittee as soon as possible. Unapproved Page 4 ADJOURNMENT On a motion by Tim Keane , seconded by John Manahan, the ICC was adjourned at 7 : OO p.m. Respectfully submitted, Glenda D. Spiotta PROCEEDINGS OF THE SHAKOPEE CABLE COMMUNICATIONS ADVISORY COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 22, 1985 Chairman Anderson called the meeting to order at 7:34 p.m. with Commissioners Davis and Moonen present. Barry Stock, Administrative Intern, was also present. Commissioners Abeln and Harrison were absent. Davis/Moonen moved to approve the minutes of the March 25, 1985, meeting as kept. Motion carried unanimously. COUNCIL CHAMBERS SOUND SYSTEM Mr. Stock explained that since City Council meetings have been televised via cable, several complaints have been received in regard to poor picture and audio quality. In response to these complaints, the City Council has requested the Cable Commission prepare some alternatives and cost estimates for improving the sound system for the cable viewing audience. Staff contacted Mr. Bill Lepley, manager of the Public Access studio, and requested that he inspect the current sound system. Mr. Lepley discovered several major problems which include: 1 ) the microphones purchased in 1979 only pick up sounds from a distance of 12 to 18 inches, 2) the system is not wired properly, 3) the LED light on each microphone stand is interfering with the microphones ability to pick up sounds, 4) the wall speakers are placed in such a position that they are causing feedback on the system, and 5) the current sound mixer is getting old and should be replaced within the next three to five years. Mr. Stock suggested several alternatives which the Commissioners discussed with Mr. Lepley. The first alternative would involve the purchasing of seven new microphones, rewiring the existing system, and moving the existing speakers to a more suitable location in the Council Chambers. Mr. Lepiey estimated that the total cost for this alternative would be approximately $900. The second alternative would involve rewiring the existing microphones and system as well as moving the current speakers. The estimated total cost for this alternative would be approximately $350. Mr. Lepiey stressed that this alternative would not significantly improve the system but would be better than doing nothing at all. The third alternative would improve the system the most and last the longest. It would involve purchasing a new mixer, seven new microphones, rewiring of existing components, and moving the speakers. The estimated total cost for this alternative would be approximately $2,000.00. Staff noted that if new microphones are purchased, the City might be able to sell the old microphones for between $20 and $30 apiece. Mr. Stock also noted that the Access Corporation has been approached to assist in funding this project, but they stated they have no money to help improve the system at this time. Shakopee Cable Commission April 22, 1985 Page 2 Discussion of the mixers followed. Concensus was that if a new mixer was bought for approximately $300 to $400 in combination with alternative one, the system's quality would be greatly improved. The Commissioners and Staff also discussed installing a remote zoom camera at some future date to improve the system. Mr. Lepley suggested in the meantime that whenever an organization came seeking a donation from the City, that they be asked to run the camera for a specified period of time (e.g. If the boyscouts asked for a monetary donation, one person from their organization could be trained to run the camera for one month or two City Council meetings. ) . Everyone agreed with Mr. Lepley and thought he had an excellent idea. Moonen/Davis moved to recommend to City Council that the City purchase seven new microphones, rewire the existing system, and move the existing speakers to a more suitable location in the Council Chambers at a cost not to exceed $900. In addition, the Commission recommends purchasing a four channel Shure mixer to match the existing mixer at a cost not to exceed $300. Motion carried unanimously. The Commissioners noted that the new mixer is not absolutely necessary, but it would significantly enhance the system. Mr. Stock presented several informational items for the Commissioners to review. First, they reviewed the Shakopee Public Access Report for the month of March in which Mr. Lepley reported on the Sports Trivia show. Second, they reviewed the Cable Television Service Report for the month of March. Mr. Moonen reported on the MACTA (Minnesota Association of Cable Television Administrators) convention which he attended in St. Paul. He noted that he attended an excellent session on some of the problems cities are having in dealing with their franchised cable companies. He also gave Staff some of the information he received for their review. Chairman Anderson noted that the next scheduled meeting would -be Memorial Day so the meeting date was tentatively changed to May 20, 1985, at 7:30 p.m. unless Staff advises otherwise. Moonen/Davis moved to adjourn the meeting at 8 p.m. Motion carried unanimously. Barry Stock Judy Hughes Administrative Intern Recording Secretary i L[LX111 league of minnesota cities May 13, 1985 ADDITIONS TO LMC CONFERENCE PROGRAM JOINT POWERS AGREEMENTS TO BE FEATURED PROGRAM AT LMC CONFERENCE Conference delegates will have an opportunity to hear first-hand about cities' experience and uses of joint powers agreements at the 1985 LMC Annual Conference, on Wednesday, June 12. (Earlier mention of the program was inadvertently dropped from LMC magazine accounts of the conference agenda.) Instructors for the 2 hour program include Craig Rapp,City Administrator, Circle Pines; Michael Gallagher, Minnesota Special Assistant Attorney General; Floyd Olson, City Attorney, Bloomington and instructor at William Mitchell College of Law;and Lee Entner, Fire Chief, St. Anthony. The program will provide background on legal issues and basic principles as well as the process of adopting joint powers agreements. Various city experi- ences in the areas of public safety and purchasing will be featured as well as a discussion of the pros and cons of these arrangements. City officials planning to attend will come away with a better idea of what joint powers agreements can and cannot be used for as well as an understanding of the process to follow in developing them. Having the legal and management experts on hand to explain these matters will provide practical building blocks for cities to employ in developing their own cities' approach to the application of such methods for expanding services or increasing efficiency of local operations while gaining needed perspectives on the limitations and disadvantages of this approach to city operations. (OVER) 1 80 university avenue east, st. paul, minnesota 551 01 161 2) 227-5600 ADDITIONAL SESSION ON CITY LIABILITY HAS BEEN INCLUDED IN CONFERENCE PROGRAM! Look for LIABILITY - SURVIVAL TIPS FOR THE CTTY OFFICTALS - SESSION I on WEDNESDAY, JUNE 12, 10:30 a.m. - 12:30 p.m. , in addition to LIABILITY - SESSION IT, on Friday, June 14. Session I will cover Planning and Zoning as well as Risk Management; Session II will focus on Employment Law and Personnel Practices. THESE ARE THE QUESTTONS YOU'LL HEAR ANSWERED IN SESSION I Planning and Zoning Policy and Procedures * Recent decisions of the Minnesota Supreme Court and Court of Appeals -- How do these cases affect municipal land use planning? * What problems occur when the city's comprehensive plan and its zoning ordinance conflict? * What are the roles of the City Planning Commission, the Board of Zoning Appeals, and the City Council in land use planning decisions? * Public Hearings - How to comply with the Open Meeting Law and why it is important to create a complete record. * How to insulate zoning decisions from successful challenge. PRESENTER: Sarah Currie Mardell, Attorney at Law Risk Management * Dips, Depressions, Defects and Other Liability Pitfalls in City Streets and Sidewalks and how to avoid them. * Sewer Back-ups - Why the city is not automatically liable. * Simple loss prevention and loss control procedures and policies any city can implement. * How to handle your insurance company after a claim is filed. PRESENTER: Jack Hennen, Associate Attorney, Mardell Law Office, former LMC Insurance Trust Defense Counsel. AH:ss .r . r P r .P ► r r •/ A r r•r A r'.A r r:r r A r r r.r r r r r r:A r '► r A r r:i` r r 1r 'n r ,•G R .L L • ,v rt 1.11 Y • j� r W W W W W M r.W W W.v. W w N N N N N N'N N :• ..+.r.+r.r r ..r Y.C s� • aA • r • +r R ,�'•'�O:!O •O 00'V Co.NµW NC. P W W W N.�� Irt WMPAA rt N G • IO rt �O + • :�O-!Y-+ C C.0 C C IW C- IC P C N P'N C.N IVI C IR �+1` N-+ C C NIC n O 6n G AACHm►y1-C'Lr V••y V)CmO2INy .'� 2 'O vTNb V! 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O 'V 00d0v1N000 Z' ' � sO O C] N OOO N N' M W OOOOOM O bO n I- C)0) M W N W N IN V1 P N W 'V V A W V b • • • • • • • • i • • • '9 N f00 ao o• n -••1 N r _LOGIS � Cr_--_� •� ,,------(OLD LOCATIO\ -------j-------• I----i to —`MTLULL C fiMEtvo'BOtR.EVUm / RIt L To 94 0 C3 A LER � 11� J i j NORTl1 2700 LOGIS j I i OUA, TWAVA- dCda, ja4&jy, i4, corn 0 G Open House c76 44 at LO G I S cw.d;,a.P,Py. &ntm-L& Va4" 4,V, 4.ag Date: Wednesday and Thursday, May 29 and 30 Time: 7 PM to 5:30 PM Place: 2700 freeway Boulevard , Suite 300 Brooklyn Center (see map) Please RSVP by May 22, 1985 , to 566- 0050 TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE, MINNESOTA MAY 21 , 1985 Mayor Reinke presiding 1] Roll Call at 7 :00 P .M. 2] Liaison Reports from Councilmembers 3] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 41 Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *5] Approval of the Minutes of April 30th and May 7th, 1985 61 Communications: a] Association of Metro Municipalities re : 1985 Annual Meeting b] League of Minnesota Cities re : 1985 nominations for LMC Board of Directors c] James F. Miller re : support for election to Vice President of LMC d] Robert Bruce, Peoples Savings and Loan re : closing of Shakopee office e] David- Horton Ministries re : tent revival week of June 8 - June 15 71 Public Hearings: a] Continuation of public hearing on application for $2, 000,000 IR Bonds from Bemidji Super 8 Partnership (bring previous memos) b] Continuation of public hearing on the appeal to the Planning Commission Resolution which denies applicant a conditional use permit to convert the loft of an existing barn to living space at 1830 Marschall Road - Applicant , Janet & Kevin Winter 81 Boards and Commissions: Planning Commission: a] Final Plat of Della' s 1st Addition which lies East of the inter- section of 11th Avenue and Shakopee Avenue Applicant : Cecil P. Clay, 2135 Park Ridge Drive, Shakopee Action: Res. No. 2400 b] Final Plat of Century Plaza Square 3rd Addition which lies North of CR-16 and East of Marschall Road Applicant : J .O.N. Investments, 5300 Glendrae Circle, Edina -Action: Res. No. 2401 Industrial Commercial Commission: c] 1985 Industrial Commercial Commission Day - memo coming Monday TENTATIVE AGENDA Page -2- May .21, 1985 9] Reports from Staff: a] Presentation of 1984 Audit b] Sewer Billing Adjustment for Robert Vierling c] Sewer Refund ,,for Elk River Concrete *d] Interfund Transfer e] Community Brochures f] Trail License Agreement - Minnesota Valley Trail g] Work Overload in Community Development Department h] Downtown Parking Regulations i] Code Enforcement Position j ] Improvements to Swimming Pool Buildings k] Racetrack Transit - Informational 11 Tahpak Park Semi-Final Estimate #5 in amount of $3 , 654. 61 memos m] Authorize RFP on Appraisers for Parcel_ #7 - Shakopee Bypass n] Approve Change Order #2 for 84-8 Hwy 101 Intersections - corrin€ in amount of $3, 298 .00 - o] Approve Change , Order #5 for 84-4 Shenandoah Drive in amount - Mon. of $2, 920.00 and Partial Estimate ##4 in amount of $36, 586.30 *p] Industrial Development Bond Legislation q] Approval of bills in amount of $326, 174.03 r] Interpretation of Mn. Dram Shop Law update by City Attorney s] Extra Copies of the Real Estate Journal Focus on Shakopee t] Gambling and Bingo Regulations (bring 9n from May 7th agenda) u] 84-8 Hwy 101 Intersections Partial Estimate #3 , $92 , 718 . 90 - coming Mon. 101 Resolutions and Ordinances: - a] Res. No. 2399 , Accepting Bid on 1985-3 Curb , Gutter, Sidewalk and Driveway Apron Replacement Program - coming Monday *Y�] Res. No. 2397, Authorizing Dispatch and Use of City Equipment and Services by City Administrator in Emergency Situations 11] Other Business: a] The Chamber of Commerce would like to work jointly on a logo for tourism signs b] At the May 9th meeting the Planning Commission directed the City Planner to write "a letter" to the City that cites the City for non-conformance with screening requirements at the public works building and to direct the City to set an example by planting trees, etc. c] d] 12] Adjourn to Tuesday May 28th at 7 : 30 P .M. - Meeting will be held at the Shakopee Senior High Auditorium regarding the Storm Drainage Utility John K. Anderson, City Administrator OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA APRIL 30, 1985 Mayor Reinke called the meeting to order at 7:05 p.m. with Cncl. Lebens, Wampach, Vierling, Leroux and Colligan present. Also present were Julius A. Coller, City Attorney, Judith S. Cox, City Clerk and John K. Anderson, City Administrator, who arrived late. Colligan/Lebens moved to accept the special call of the Mayor. Motion carried unanimously. The Mayor explained that the purpose of the meeting was to discuss the liquor licenses where the liquor liability insurance has been cancelled. The City Clerk reported that the Gibraltar Casualty Insurance Co. has notified licensees throughout the state of Minnesota that their policies are being cancelled effective April 30th. The State law requires that an insurance policy be on file with the municipality at all times and if not it is grounds for immediate revocation of the liquor license. This presents a delima to the insurreds whereby their insurance has been cancelled and a new policy is not able to be delivered in a timely manner before the 10 day cancellation becomes effective. She explained that other municipalities do interpret the law to mean the filing of a certificate of insurance as opposed to the actual policy. She also explained that the City would be receiving a ten day notice on May 1st so the Gibraltar insurance was actually still in effect and that a decision by Council whether to accept a certificate of insurance as opposed to a policy would have to be made prior to May 10th. Discussion followed regarding the interpretation of the State law. Cncl. Colligan asked if the filing of the policy was a requirement of the City or State. The City Attorney responded that it is definately a requirement of the City Code and it is his interpretation that the State law also requires it. Cncl. Wampach asked if the company could be held to the original expiration date of June 30th. The City Attorney responded that they are only required to give a 10 day notice of cancellation. Lee Hennen, Capesius Agency, explained the problems insurance companies are having because of the dram shop law and that many are pulling out of the State. He also explained that the Insurance Commissioner has reviewed policies and that they may be cancelled prior to the expiration date. The City Attorney explained the State law and how there are inconsistances. Cncl. Leroux suggested that the City Code be amended because it might_ not always be feasible for a policy to be placed on file with the City. Leroux/Colligan moved that an ordinance be drafted by the City Attorney, changing the present City Code to require filing of evidence of financial responsibility. Discussion followed. Colligan/Leroux moved to amend the motion to require that a certificate of insurance be placed on file and that an insurance'policy be filed with the City within 45 days from the effective date of policy. Shakopee City Council April, 30, 1985 Page Two The City Administrator asked for a clarification that if an insurance certificate contained language that the policy was in compliance with the dram shop law, was it important to have the actual policy. Mr. Hennen responded that all liquor liability policies are going to read the same and that they actually address the statute in them. He explained that the policies are controlled and approved by the insurance commissioner's office, so that before a company can write liquor liability, the insurance commissioner's office looks at the policy and approves it. Discussion followed on type of evidence of financial responsibility desired. Colligan/Leroux moved to withdraw their amendment to the main motion. Roll Call on motion: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling directed the City Attorney to contact the Attorney General requesting an interpretation of MSA 340.12 and MSA 340.11. Motion carried unanimously. The City Attorney advised the Council that Richard's Pub has been found quilty of over crowding. Vierling/Wampach moved to adjourn at 8:06 p.m. Motion carried unanimously. Judith S. Cox City Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA MAY 7, 1985 Mayor Reinke called the meeting to order at 7:02 p.m. with Cncl. Lebens, Wampach and Vierling present. Cncl. Leroux arrived later, and Cncl. Colligan was absent. Also present were John K. Anderson, City Admr. ; H. R. Spurrier, City Engineer; Jeanne Andre, Community Develop. Dir; Judith S. Cox, City Clerk and Julius A. Coller, II, City Attorney. Liaison reports were given by Councilmembers. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item that is not on the agenda, and there was no response. Vierling/Lebens moved to approve the minutes of April 16, 1985 with the correction on page 4 that Cncl. Vierling voted in favor of Resolution No. 2392 . Motion carried unanimously. Lebens/Wampach moved to approve the minutes of April 22, 1985 as kept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling moved to place on file the letter from the Superintendent of Schools dated April 17, 1985 regarding the meeting on May 13, 1985. Motion carried unanimously. Wampach/Vierling moved to place on file the request from Canterbury Downs to rename CR83 to Canterbury Lane. Motion carried unanimously. Wampach/Vierling moved to approve and place on file the letter from the Scott County Sheriff dated April 15, 1985 regarding the 3rd Annual Fun and Fitness Run set for June 15, 1985. Motion carried unanimously. Lebens/Vierling moved to place on file the letter dated April 30, 1985 from the Chairman of the Metropolitan Waste Control Commission regarding meeting on May 14, 1985. Motion carried unanimously. Lebens/Wampach moved to authorize appropriate City officials to enter into a special municipal parking lot permit lease with Jack Brambilla for an additional 25 spaces @ $10.00 per space for a period beginning May 13, 1985 through December 31, 1985. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Wampach moved to approve Amendment No. l to the Dial-A-Ride contract as drafted. Roll Call: - Ayes; Unanimous Noes; None Motion carried. The City Attorney stated the City has not received any Notices of Cancel- lation of insurance from any companies at this time, and he is awaiting a decision from the Attorney General's Office regarding the interpretation of the Dram Shop Law as it regards insurance policies. Shakopee City Council May 7, 1985 Page 2 Vierling/Lebens moved to table further discussions regarding insurance relative to the Dram Shop Law. Motion carried unanimously. Cncl. Lebens objected to the requested funding for the ICC luncheon meeting primarily because the request was not in the budget. Vierling/Wampach moved to authorize the ICC to expend up to $120.00 for a planned luncheon meeting to discuss economic development opportunities. Roll Call: Ayes; Colligan, Vierling, Wampach, Reinke Noes; Lebens Motion carried. Discussion ensued regarding the amount of money requested for the City- wide clean up effort. Mayor Reinke said part of the money for the 10c. per ticket tax from the racetrack was to be used for beautification. The City Engineer remarked these types of efforts have been successful in other communities. Lebens/Vierling moved to authorize City staff to conduct a City clean-up campaign, tentatively scheduled for June 8th through June 15th, with printing and miscellaneous expenses estimated at $200.00; with approval to solicit quotes and enter into an agreement for the furnishing of trash container services for an amount estimated at $2,000.00 from General Fund Contingencies. Roll Call: Ayes; Unanimous Noes; None Motion carried. Mr. John Manahan, attorney representing Charles Pass, stated Mr. Pass is appealing the Board of Au'ustments and Appeals decision that he may not increase the bulk of the non-conforming residence at 126 Atwood Street by constructing a three season porch. Mr. Manahan further explained the dimensions and intentions for use of the enclosed porch, which would be partly mud room and partly sun porch, as a play place for their six children. Mr. Manahan said he would refer to this addition as an accessory use to the existing use of the residence. He said the home will be used regard- less of the construction of the porch, so it does not change the basic use or the purpose of the residence. The City Planner explained that the term bulk as it relates to non-conforming uses has been discussed relative to several applications. The legal opinion obtained identified bulk as increasing the exterior dimensions of the building or occupying a greater land area. She further explained the code requirements regarding patios and decks, which are not considered encroach- ments on the yard. She explained the BOAA decision regarding the addition to the garage, based on precedence. Cncl. Lebens stated she feels the fact that there is a lot and a half should be taken into consideration. The City Planner replied that there is no consideration given in the code for additions on larger lots, because the use of the house itself is non-conforming in that zone. Cncl. Wampach believes the safety and consideration of the six children should be taken into consideration, along with the.fact that the house has been in the family for a long time. Snaxopee City Councii May 7, 1985 Page 3 Mr. Manahan said this is not the same as adding a bedroom to the house, which could intensify the use. It will not even have central heating. Mr. Pass added there will not be a basement under it, only frost footings. Mayor Reinke asked if there were any comments from the audience and there was no reply. Lebens/Vierling moved to close the public hearing. Motion carried unanimously. Wampach/Lebens moved to allow Charles Pass to construct a three season porch to a non-conforming residential structure at 126 North Atwood Street. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Lebens moved to open the public hearing regarding the appeal by John Kenfield and Joseph Stocker of the decision of the Board of Adjust- ments that they may not operate a catering business and dining facility on property located at 537 Sommerville Street in a R-2 zone. Motion carried unanimously. The City Planner gave the background on the request and appeal. Mr. John Kenfield said he and his partner believe they need the in-house seating capacity to generate enough revenue for the catering business. They plan to offer some catering services that are not presently offered by anyone else in town. He said there are parking spaces for four cars on the lot, with two cars on the street, which would equal seating for 12 if there were two in each car. Cncl. Leroux arrived and was seated at 7:55 p.m. Cncl. Wampach remarked that 12 people wasn't any more than an average family would have for a Thanksgiving dinner. Mayor Einke asked if there were any comments from the audience and there was no reply. Mr. Kenfield explained their intentions for remodeling, including the installation of an institutional kitchen. He and his partner would live upstairs. Lebens/Wampach moved to close the hearing. Motion carried unanimously. Wampach/Vierling moved to allow appellants to operate a catering business with eat-in dining facilities at 537 Sommerville Street. Roll Call: Ayes; Wampach, Lebens, Vierling Noes; Reinke Abstain: Leroux Motion carried. Lebens/Wampach moved to open the public hearing regarding the appeal by Kevin and Janet Winter to the decision of the Planning Commission that denied them a conditional use permit to convert the loft of an existing barn to living space at 1830 Marschall Road. Motion carried unanimously. The City Planner explained the background of the request and the reasons for the Planning Commission denial, which is based on their interpretation that the residence which currently exists is a single family residence, Shakopee City Council May 7, 1985 Page 4 and not a farmstead. The Community Develop. Director pointed out the memo from Daniel and Grace Swanson opposing the proposed use, which was just presented tonight. Mr. Tracy Hicks, attorney representing the Winters, enumerated the many improvements the Winters have made to the property since they purchased it. He showed before and after pictures. He said the purpose of the loft conversion would be for their own living quarters. He stated they maintain this is a farmstead residence and therefore they are entitled to a second residence on the property. He stated he could find no legal interpretation of this law, but historically the property has been used as a farmstead. They are requesting that the Planning Commission decision be reversed and the recommendation of the City Planner be approved so an additional residence can be granted. Mr. Winter said the two residences would have shared water systems, but separate septic systems. They plan to live in the loft of the barn themselves, and use the existing house for rental property. They intend ` to bring the house up to code. Mayor Reinke asked if there were any comments from the audience. Mr. Elmer Marschall said his property almost adjoins the Winters, and the property of Ray Hennes does adjoin it. They are present to state they think the proposed use is feasible and they have no objections. He said the only problem is they need a new septic system for the barn, but the soil is good and there shouldn't be any problem there. He said the area around the property is owned by Beta Seed and will probably be agricul- tural for a long time. Cncl. Leroux asked about the determination of the property as a farmstead or a single family residence, and the City Attorney replied that he would have to research the question. Mr. Hicks replied that in his research, the only way a second residence would be allowed would be if it is determined to be a farmstead. He said he found no case law on it. Mayor Reinke explained that the intention of that provision in the Code was to allow for father-son farming operations, with the second residence being occupied by one of the partners of the farm. At the time the multiple farming operation is no longer in existence, the second homestead would have to be removed under the conditional use permit. Mr. Hicks pointed out that the ordinance does not restrict the second residence to father-son operations and says nothing about the removal of one residence. Leroux/Vierling moved to continue the public hearing until May 21, 1985 for an interpretation by the City Attorney regarding the status of the residence as farmstead or single family residence. Motion carried unanimously. Vierling/Wampach moved to open the public hearing regarding the application for $2,000,000 IR Bonds from Bemidji Super 8 Partnership. Motion carried unanimously. The City Clerk advised Councilmembers that Planning Commission has not yet considered the application for a conditional use permit and final plat for this project, which needs to be approved before the IR Bonds can be issued. Shakopee City Council May 7, 1985 Page 5 Discussion followed regarding various alternatives. Additional informa- tion was submitted by the applicant tonight, but they have not been re- viewed by staff to see if they meet the conditions required. Mr. Williamson, representing the applicant, said he belives the sub- mittals met all the required conditions. Mayor Reinke asked if there were any comments from the audience, and there were none. Leroux/Vierling moved to continue the public hearing until such time as the plat has been approved and all the conditions met. Mr. Williamson said the papers submitted were designed as a result of the earlier meeting with staff, and he believes they will meet all conditions. Discussion followed regarding the fastest procedure for dealing with the application. Mr. Williamson said he was told that if he doesn't use union labor on this project, it will be blocked all the way. He said it appears it is happen- ing already. He said it is getting so late already, he doesn't know if IRB is the way to go. Cncl. Leroux replied that there has never been any connection between labor requirements and IRB's. Their only consideration is drainage and site plans and approval by the Planning Commission. They never question the labor of a project. Motion carried unanimously. The City Clerk explained the allocation of liquor licenses in relation to a request for a liquor license in Class A. Cncl. Leroux was under the impression that a transfer of a liquor license in Class A should be moved up to the next higher class until the number of licenses issued in the Class A have been reduced to the number allocated. The City Attorney confirmed that a transfer of the liquor license in the Class A would not keep it in the same class. The first available license would go into the appropriate class. Sandra Rosenberg asked for another liquor license to be available in the Class A, and that she be allowed to apply for it. She said she and her partner would like to build a nightclub on some property that is zoned correctly, but they need a liquor license. They have in mind something that is not offered in town now, with entertainers and comedians, which would employ 50 people and bring business to town. Mayor Reinke explained the recent background of the vote by the people to add three more liquor licenses and the allocation system devised by City Council for all the licenses. Cncl. Leroux advised Ms. Rosenberg that there might be businesses with Class A licenses for sale in the near future and encouraged her to look into obtaining one of them. Wampach/Vierling moved for a five minute recess at 9:00 p.m. Motion carried unanimously. Wampach/Vierling moved to re-convene at 9:05 p.m. Motion carried unani- mously. Shakopee City Council May 7, 1985 Page 6 Wampach/Lebens moved to open the public hearing regarding the alleged violations of Richard's Pub. Motion carried unanimously. Police Chief Brownell read his memo dated May 6, 1985 enumerating types of complaints, dates and Police Dept. action relative to Richard's Pub. Tony Notermann, representing Richard Hanover of Richard's Pub, stated it is his understanding that this hearing is for the purpose of considering only two alleged violations of overcrowding, and he objects to considera- tion of any other matters. He also said the various convictions are in- correct as those matters were dismissed by the Court. The City Attorney said it was his recollection that those cases were not dismissed, as no one could find the files. It will be checked out further. Mr. Notermann added that Mr. Hanover has hired bouncers that do patrol the parking lots to try to keep some semblance of order. He has put up a sign about patrons leaving the lot and given the police permission to vacate the lot after hours. He has gone to a clicker system to keep track of the people coming in. He has put up fencing by the residential area and in- stalled parking lot lighting. He has a private contract with Red Owl for the use of that parking lot for overflow parking. He said many times Mr. Hanover has himself called the police to help remove unwanted customers and to protect others. He has eliminated bands and went to videos to try to eliminate the noise problem. After 1982 there were no noise complaints. He went into more detail regarding the other incidents listed in the Police memo. He said he is asking the City Council to stand as a buffer to pro- tect his client, as it seems the Police are documenting every little thing now. He doesn't have adequate information to respond to most of these incidents. He doesn't think this warrants a suspension of his license. He added that every time this has come before the Council, Mr. Hanover has done everything that has been asked of him. The City Attorney pointed out that the conviction for overcrowding was a trial by Court where Mr. Hanover was found guilty. He quoted from a de- cision of the Supreme Court in Sabbies vs. City of Minneapolis, wherein it states that inherent in the right to control the sale of liquor is the power to regulate the related activities. It is the City Council's duty to decide whether the licensee in the conduct of his business has been guilty of such unlawful conduct that its continuance is detrimental to the public good. Chief Brownell pointed out that there were 20 incidents at Richard's Pub in 1985, and the combined number of incidents for three other on-sale bars in town was 9. Mr. Notermann responded that he doesn't think the problems are so insur- mountable that they can't be worked out. Mr. Hanover said that operating a bar has some inherent problems, but he doesn't want the Council to think that any problems are the result of blatant negligence on his part. There are problems inherent in having re- sidential areas so close to his business, but he has tried to correct them. Snaxopee City Council May 7, 1985 Page 8 to develop a method of controlling his crowd on the inside and outside of the building. Motion to amend carried unanimously. Roll Call on Main Motion as amended: Ayes; Unanimous Noes; None Motion carried. Mr. Hanover was instructed to bring his liquor license to the City Clerk tomorrow morning. The City Planner explained the Planning Commission has recommended a re- vocation of the conditional use permit issued to Mr. and Mrs. Gordon Hall because of non-compliance with the conditions relative to storage of business materials and noise. Mike Quayle, attorney and friend of the Halls, went through the conditions listed on the conditional use permit. He said there are no non-family employees of the business at this time. He said they have also gotten rid of the one van about which there were complaints. There is also no storage of mobile homes and no work done on mobile homes at their property. He does have his tractor there for pulling mobile homes. The concrete blocks on the property are for his personal use, not business. Mr. Quayle thinks that the Hall property cannot be distinguished from other property in that subdivision, as there are many home businesses and storage of vehicles, etc. Mr. Hall does not bring the trailer home, and he cannot afford the cost of putting up an accessory building. He runs the business from his home, but he does not conduct the business at his home. He thinks all the complaints are from one neighbor to the south, who is using the City government to accomplish a personal vendetta against the Halls. Out of the 19 houses in the addition, 15 signed a petition stating they did not oppose the conditional use permit. The only incident of noise was one running of the truck in the early morning hours. He would suggest sending this back to the Planning Commission to enumerate more specifically what is meant by non-compliance with. the storage of business materials, so that condition can be met. The City Planner responded that two separate parties have complained, one more than the other. She has seen the blocks stored on the property, but she hasn't observed the noise violations. Gordon Hall said that at the hearing in, November he made it clear to the Planning Commission that he couldn't afford the building. He has no em- ployees now and he seldom comes home during the week. The service part of the business has been sold, and now they only transport mobile homes. Cncl. Leroux recalled that at the time of the conditional use permit hearing, the main concerns were relative to the service business, with employee parking, more than one truck and storage of business materials. He wouldn't see any problem with the parking of one tractor. Mr. Quayle replied that they are still conducting the business out of their home, although its only transporting so they just want to continue their permit. There are no business materials stored, but if the blocks are bugging someone, they can be removed. The City Admr. suggested taking the noise meter out to the property line and monitoring the noise level of the truck running. Shakopee City Council May 7, 1985 Page 7 Mr. Hanover said he would be more than happy to work to resolve these problems. He has spent a lot of money advertising on the radio and it has snowballed on him, which results in a lot of people standing outside waiting. He thinks this problem will be academic shortly as people find out they can't get in. On April 7 his capacity was changed from 400 to 275. He added that Bluff and Dakota are posted No Parking because he suggested it to get along with the neighbors. He thinks it would be foolish to bring in 20 more people and risk his entire business. He will do any- thing within reason to cooperate, but he doesn't think this calls for a suspension of his license. He said he runs a tight operation, and has never had an after hours violation. He said he calls the police himself to help sometimes, which is one reason why there are so many incidents there. He pointed out it is natural for him to have more calls, as he has so many more people at his business. Ms. Lydia Rolf told Mr. Hanover to keep his people off her property. She has to go out and deal with people trespassing on her property and urinat- ing near her house. Mr. Hanover responded that he can work with her on those problems. He said these are reasons to sit down and negotiate, not to put someone out of business. David Albright went over the list of incidents in more detail, speculating on causes and results and stating that it might be a case of over-zeal by the Police Dept. Chief Brownell replied that for some time he has been trying to get the people in that area to call the Police Dept. with their problems, instead of trying to handle these themselves. The people are now calling when the incidents are happening, rather than waiting to deal with them after the fact. Therefore, these types of calls are mainly responding to citizen's complaints. Mayor Reinke asked if there was anyone else in the audience who wished to comment. The City Attorney stated that each of these incidents are not so serious in themselves, but all are an indication of the manner in which the business is operated. But a very serious violation is overcrowding. This is the first conviction, but there have been problems with overcrowding before. He said it is incumbent upon the City Council to regulate related activities in the licensed premises and it is the City Council's duty to decide if such unlawful conduct is detrimental to the public good. Cncl. Vierling remarked that there seems to be a management problem of the marketing being too wide for the space available. Discussion followed regarding the reported incidents and the responsibility of the owner and possible remedies, especially outside patrolling to eliminate neighbors complaints. Leroux/Vierling moved to close the public hearing. Motion carried unanimously. Lebens/Viering moved to suspend the liquor license of Richard's Pub (R. Hanover, Inc. ) for a period of sixth days, effective 1:00 a.m. May 8, 1985. Discussion followed regarding the stringency of the suspension. Leroux/Vierling moved to amend the motion to suspend the liquor license for twenty days, with direction to the Police Chief to work with Mr. Hanover Shakopee City Council May 7, 1985 Page 9 Leroux/Wampach moved to monitor the noise level at the Hall property and direct the Halls to clean up any blocks and paraphernalia that may be considered part of the business, and bring a report back to City Council. Motion carried unanimously. Tim Keane, ICC member and Chairman of the 1985 Industrial/Commercial Day, went over the proposed budget for the IC Day. He feels this is very important this year, because there is a natural draw with the presence of Canterbury Downs. Discussion ensued regarding the amount of funding requested. Mr. Keane felt the most important element of the budget are those items that would have residual benefit such as the brochures, maps and promotional items. He is willing to solicit funds from other committees and businesses. Leroux/Wampach moved to authorize the increase in the ICC budget for Industrial/Commercial Day, 1985 in the amount of $1 for every $2 raised in the private sector, up to a maximum of $2,000 on the part of the City. Roll Call: Ayes; Reinke, Vierling, Wampach, Leroux Noes; Lebens Motion carried. Lebens/Vierling moved to authorize the Police Dept. to purchase a Toshiba Model BD 7816 machine at a cost of $4,490.00 from Wagers, Inc. per Hennepin County contract 3716B. Roll Call: Ayes; Lebens, Reinke, Leroux, Vierling Noes; None Absent; Wampach Lebens/Vierling moved that the bills in the amount of $592,124.79 be allowed and ordered paid. Roll Call: Ayes; Leroux, Vierling, Reinke, Lebens Noes; None Abstain; Wampach Vierling/Lebens moved to authorize the employment of Glenn Heyda as a full time park keeper effective May 8, 1985 at a starting salary of $8.64 per hour. Motion carried unanimously. Vierling/Leroux moved to authorize the Public Works Dept. to purchase two Ford Model 1710 tractors from Carlson Tractor and Equipment Co. , of Rose- mount, Minnesota, and trade in two Intl Harvestor Model 140 tractors as specified for a total net purchase price of $14,074.00. Roll Call: Ayes; Unanimous Noe-s; None Motion carried. LeRoy Houser, Building Inspector, stated he thinks the income projections from the proposed water slide are grossly understated, as experiences in other cities have been extremely positive. Leroux/Lebens moved to direct staff to enter into a contract with Technetic Industries for the purchase of the water slide as advertised for the sum of $37,262.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shaxopee amity Councii May 7, 1985 Page 10 Leroux/Wampach moved to authorize prepayment of $12,240.00 to Technetic Industries as required on their bid for one-third deposit with order. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Wampach moved to authorize staff to enter into a contract with Job Erection and Engineering, Inc. for the erection of the flume for the sum of $95,255.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Vierling moved to authorize staff to enter into a contract with Minnesota Valley Fencing Company for the sum of $7,140.00 for the erection of the fence as advertised. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Leroux moved to direct the Finance Director to prepare a resolu- tion with the other budget amendments to place the sum of $153,657.00 into the appropriate account to cover the cost of this project. Roll Call: Ayes; Unanimous Noes; None Motion carried. Mr. Muenchow remarked that he has never had so many positive comments about a project as he has received about this water slide. Lebens/Wampach moved to authorize proper City officials to enter into a agreement for participation in Urban Corps Program between the City of Minneapolis and the City of Shakopee for the period of July 1; 1985 and June 30, 1986. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Wampach moved to authorize summer flex-hours for City Hall of 7:30 a.m. to 4:30 p.m. effective May 28 through August 30, 1985. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Leroux moved to authorize proper City officials to execute Change Order No. 2 for CR83 Widening, Contract No. 1984-9, increasing the contract amount by $5,777.00 to $174,618.85. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to authorize proper City officials to execute an agreement with Orr-Schelen-Mayeron & Assoc. , Inc. to provide general civil engineering services to the City. Roll Call: Ayes; Vierling, Leroux, Wampach, Reinke Noes; Lebens Motion carried. Leroux/Vierling moved to authorize proper City officials to execute an ex- tension agreement to the General Civil Engineering Consultant Contract for rehabilitation of the streets in Eaglewood, in an amount not to exceed $6,800.00. (Orr-Schelen-Mayerson & Assoc. , Inc. ) Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Wampach offered Resolution No. 2395, A Resolution Indemnifying, Saving and Holding Harmless the State of Minnesota and all its Agents and Employees, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council May 7, 1985 Page 11 Vierling/Lebens offered Ordinance No. 168, Fourth Series, An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 5 Entitled "Liquor, Beer and Wine Licensing and Regulation" by Repealing Paragraph A of Subd. 1 of Section 5.09 and Adopting a new Paragraph A of Subd. 1 of Section 5.09 as Herein Setout and by Adopting By Reference Shakopee City Code Chapter 1 and Section .5.99 Which among other things contain penalty provisions, and moved its adoption. The City Admr. summarized the ordinance. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Wampach offered Resolution No. 2394, A Resolution Initiating the Vacation of the Public Alley in Block 8, According to the Plat of Koeper's Addition to the City of Shakopee, Scott County, Minnesota, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Wampach moved to approve the 1986 Budget Calendar as presented in the memo dated April 24, 1985 from the Finance Director. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Wampach moved to appoint the City Clerk as Acting Administrator May 15, 1985 through May 19, 1985. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling offered Resolution No. 2396, A Resolution Directing the Proper City Officials to Contact Shakopee State Senator and Representative to Introduce Legislation Clarifying the Definition of Real Property, and moved its adoption. Motion carried unanimously. The City Engineer advised that Mn/DOT has now changed its mind and decided that Canterbury Downs should be put on the directional signs instead of just "Racetrack" which it originally decided. It was thought that the traffic for Raceway Park could get confused with that of Canterbury Downs. Leroux/Vierling moved to direct proper City officials to execute Change Order No. 1 on TH101 Intersection Improvements, Contract No. 1984-8, a Change Order increasing the contract amount by $774.18. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Leroux moved to approve payment to Granview Lodge in the amount of $68.95 for subsistence for the City Engineer to attend the APWA conference. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling moved to adjourn to May 21, 1985 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 11:43 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary . w f BULLETIN , association of metropolitan municipalities MAY 131985 May 10 , 1985 1985 ;;"Y ()F 3HAll K0PEE AMM ANNUAL MEETING DATE : Thursday, May 30 , 1985 LOCATION : Sheraton Midway I-94 & Hamline Avenue St. Paul, Minnesota SOCIAL HOUR BUFFET DINNER BUSINESS MEETING 5 : 30 to 6 : 30 P .M. 6 : 30 to 7 : 30 P .M. 7 : 30 P .M. ( sponsored by Miller (assorted entrees and ( see Agenda & Schroeder Municipals, Inc . ) other delicacies) below ) DINNER COST : $ 16 . 00 BUSINESS MEETING AGENDA 1 , Call to order. 2. Presentation of certificates to retiring; Board Members. 3 . Regional Issues Status: Sandra Gardebring, Chair , Metropolitan Council ably supported by Peter Meintsma and Elliott Perovich , Chairs of the Metropolitan Waste Control Commission and Regional Transit Board respectively . 4 . Proposed By-Laws Amendment (enclosed ) . 5 . Presidents Report : Ron Backes 6 . Election of Officers and Directors : A . Report of the Nominating Committee : Jack Irving, Chair ( report enclosed) . B . Elections (President , Vice-President and Directors) . 7 . President Elect Comments. 8 . Other Business and Announcements. 0 . Adjourn. PLEASE NOTE : A . Please make your dinner reservations with Carol Williams in the AMM Office (227-5600 ) by no later than Friday, May 24 , 1985 . B. Each city should send at least one delegate to cast its votes. Cities are encouraged to send additional officials as well and spouses and guests are welcome ! THIS NOTICE AND AGENDA HAS BEEN MAILED INDIVIDUALLY TO MAYORS , CHIEF ADMINISTRATORS AND DESIGNATED DELEGATES . IT WOULD BE APPRECIATED IF THIS NOTICE COULD BE DISTRIBUTED TO ALL COUNCILMEMBERS AS WELL . 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 NOMINATING COMMITTEE REPORT TO: AMM Member City Officials FROM: csv ing, Nominating Committee Chairperson RE : OMMENDATIONS OF THE NOMINATING COMMITTEE Pursuant to AMM By-Laws , Article IX , Section 3 , a Nominating Committee was appointed on March 7 , 1985 and the Committee is recommending the below listed persons for your consideration at the May 30th . Annual Meeting. Additional candidates may be nominated by any voting delegate from the floor. FOR PRESIDENT : t James Scheibel , Council Member , St. Paul and present AMM Vice-President FOR VICE-PRESIDENT : Robert Thistle , Manager, Coon Rapids and present Board Director FOR BOARD DIRECTORS : TWO YEAR TERMS (Eight to be elected ) William Barnhart , Coordinators Office , Minneapolis ( Incumbent ) Gary Bastian, Council Member , Maplewood ( Incumbent ) John Elam, Manager, Mound Robert Benke , Council Member , New Brighton ( Incumbent ) Neil Peterson , Council Member , Bloomington ( Incumbent ) Eldon Reinke , Mayor, Shakopee , ( Incumbent ) Leslie Turner , Council Member , Edina Maureen Warren , Mayor' s Office , St. Paul ( Incumbent ) ONE YEAR TERMS (Two to be elected ) Edward Fitzpatrick , Council Member , Fridley Kevin Frazell , Administrator , Mendota Heights ( over ) BOARD MEMBERS WHOSE TERMS DO NOT EXPIRE UNTIL MAY, 1986 : Sharon Sayles Belton , Council Member , Minneapolis Walter Fehst , Manager , Robbinsdale James Lacina , Administrator, Woodbury James Miller , Manager, Minnetonka Patricia Hoyt Neils , Council Member, Plymouth Robert Sundland , Mayor , St . Anthony 1985 AMM NOMINTING COMMITTEE MEMBERS : Mr. Jack Irving , Chair Mayor Leland Knutson, City Manager - Crystal City of Rosemount 4141 Douglas Drive North 3310 - 144th. St . W. Crystal, MN . 55422 Rosemount , MN . 55068 537-8421 423-2590 Ms. Sharon Sayles Belton Mr. Tom Spies _ Councilmember - Minneapolis Council Member - Bloomington City Hall Room 307 10306 Park Ave. So. Minneapolis, MN . 55415 Bloomington, MN. 55431 345-2208 831 -4641 Mayor June Demos Ms. Gloria Vierling City of Roseville Council Member - Shakopee 2660 Civic Center Drive 1461 Co. Rd. 79 Roseville, MN . 55113 Shakopee , MN . 55379 484-3371 445-6440 Mayor John Walker Mr. Jerry Dulgar City of Newport City Manager - Anoka 1660 Woodbury Road 2015 - 1st . Ave. No. Newport , MN. 55055 Anoka , MN . 55303 459-5677 421 -6630 Mr. Walt Fehst City Manager - Robbinsdale 4221 Lake Road Robbinsdale , MN . 553422 537-4534 TO: Member City Officials FROM: AMM Board of Directors, RRnpkes, President RE : AMM By-Laws Amendment Consideration A proposed amendment to AMM By-Laws Article VII , Section 2 is being forwarded for your consideration and will be voted on by the delegates at the May 30 , 1985 Annual Meeting. For your information the AMM By-Laws can only be amended by the membership and a two/thirds vote is required for amendment adoption. SECTIO"J 2 . OFFICERS' TERMS . Officers shall be elected at the Annual Meeting of the Association. The President and Vice-President shall each be elected annually for one-year terms, and the Directors shall be elected for two-year overlapping terms. Eight Directors elected in even numbered years and eight Directors elected in odd numbered years. The same person may not be elected to the office of President for more than two successive terms. The same person shall not be elected to the Board of Directors for more than two consecutive two year terms, or serve more than five years if first appointed by the Board or elected at the Annual Meeting to fill a vacancy , unless elected to the presidency or vice-presidency , or unless such person is from a city of over 75 ,000 population. Except for cities of over 75 ,000 population, when a director or officer leaves the Board of Directors for any reason , primary consideration for replacement will be given to member cities who have not been represented on the Board during the past 12 months. :VOTE : The underlined wording is the proposed Amendment . BACKGROUND AND AMENDMENT EXPLANATION : As you will note , this section of the by-laws provides for the terms and length of service for AMM Officers and Board Directors. The two term or five year limitation was incorporated into the By-Laws several years ago to enhance the opportunity for more cities to have officials serve on the Board of Directors and has worked quite well in achieving that goal. Because of their large populations compared to other member cities, Minneapolis and St. Paul are each guaranteed two board members (AMM By-Laws , Article VIII , Section I ) and their representatives are presently limited by the two-term limitation imposed by Article VII , Section 2. The City of Minneapolis has requested that since it is guaranteed two members on the Board anyway that the two-term limitation not apply to cities that have guaranteed representation. Removing the terms limitation for their representatives would have no impact on the goal of rotating board membership through more cities. ( see attached letter from Lyall Schwarzkopf, Minneapolis Citi• Coordinator) . It is for that reason that the AMM Board of Directors is forwarding the proposed amendment for your consideration. (over) BY-LAWS COMMITTEE TO BE APPOINTED: I should also like to note that in discussing the Minneapolis request , questions were raised about the whole subject of guaranteed representation and whether guaranteed representation should be expanded to some kind of a county or geographical area basis. The Board felt that this issue was too complex to be dealt with before the Annual Meeting on May 30th. and decided that a By-Laws Committee will be formed to consider the whole question of guaranteed representation. The Committee when formed will be directed to bring its report and recommendations, if any , to the next AMM membership meeting which will be held in late fall or early winter. This timing will allow for the resolution of this issue prior to the Annual Meeting in May of 1986 . r% �$ O O 4� OFFICE OF CITY COORDINATOR 301M CITY HALL n MINNEAPOLIS,MINNESOTA 55415 (612)348-2032 � IILII:/U\/IIII�UrrJJI LYALL A.SCHWARZKOPF CITY COORDINATOR OPERATIONS ROBERT C.MOFFITT ........................._. 348-2426 FINANCE AND MANAGEMENT 348-6370 ADMINISTRATIVE SERVICES March 21 , 1985 JOYCE L WILDE ..................................... 348-2096 PUNNING DEPARTMENT OLIVER E.BYRUM ................................. 348-6315 Mr. Ronald Backes, President Association of Metropolitan Municipalities 183 University Avenue East St. Paul , MN 55101 Dear Ron: It has come to my attention that bylaw changes made by AMM two years ago could cause complications with Minneapolis' representation on the Board of Directors:,. Specifically at that time changes were made which allocated two Board seats to' Minneapolis and limited the terms of directors. It is my understanding that the purpose of limiting the terms was to involve more member cities on the Board over a period of time. The City of Minneapolis supports this concept. The complication is that William Barnhart will be unable to continue to serve on the Board under the current bylaws. This would be unfortunate in that Bill is the City's liaison for local and metropolitan government affairs. Furthermore, if he were able to continue on the Board it would not affect the intent of the bylaw limiting terms since Minneapolis has two seats on the Board. Within this context and if it could be accomplished without controversy, I would like to ask AMM to consider amending its bylaws so that the restriction on the terms of the Board of Directors would not apply to cities which are allocated a set number of seats on the Beard. Such an amendment would not affect the intent of involving more cities on the Board. I reiterate that this request is being made only if it can be accomplished without controversy. Thank you forift4ft consideration. j Sincerely, 13 I , 4 11` a 1 . Schwarzkopf -cil i nator L S:WB =Air", IL i 041 ""�"� EFAR LL11 1 MAY 1 "- 19a5 IIII IIIICITY league of minnesota cities May 10, 1985 TO: All Members (c/o Mayors, Managers, Clerks) SUBJECT: 1985 Nominations for LMC Board of Directors Each year at this time, members of the LMC Nominating Committee meet to consider candidates for election to the LMC Board of Directors. I would like to encourage you to participate in that selection process at the very outset by requesting your advice in suggesting candidates to be considered for nomination. The Nominating Committee will recommend four nominees to the Board this year. Those nominations will be announced at the 1985 LMC Annual. Meeting, scheduled during the LMC Annual Conference in June. The date of the LMC Annual Meeting is Thursday, June 13. The meeting will take place at the Radisson in St. Paul, MN. The Board positions that expire June, 1985 are four 3-year term memberships. The committee will also consider nominees to fill any Board vacancies that may occur. The committee will also recommend nominations for LMC Officers. Officers of the League of Minnesota Cities are elected annually by the membership at the LMC Annual Meeting. Mayor Mary Anderson of Golden Valley currently serves as LMC President; Susan Edel, Council Member of Winona is Vice President. Guidelines followed by the Nominating Committee are enclosed with this letter, along with a listing of current members of the LMC Board of Directors and Officers. The guidelines have been developed over the years as a result of the deliberations of previous Nominating Committees. President Anderson has completed her appointments to the nominating committee and they are listed below. The first meeting of the Nominating Committee will be late May. A second meeting will be held at the L14C Annual Conference. It FAu2!? J2P .12��JFTlfj!jjZfar -!-Z amTz-1 La aIric' rA-5tz a3 tarirr a5 �LS�3Zi3i'e-. 1� order to assist in that process, I suggest that you call a member of the nominating committee or me. If you are aware of an official of a LMC member city who you view as a strong candidate for nomination, please provide his/her name and a brief resume of qualifications. That information may be sent to the League Office, attention: Helen Schendel. This communication may be as formal as you prefer. The LMC Nominating Committee will conduct interviews with each candidate on June 12th, during the LMC Annual Conference. (OVER) 1 83 university avenue east, st. paul, minnesota 551 01 (0 1 21227-5600 Page 2 1985 Nominations LMC Board of Directors The nominating committee's goal is to assure that every qualified candidate is considered. Even if the city official you nominate is not aware of your suggestion, you may certainly put the individual's name forward for consideration. The Nominating Committee, as a regular part of procedure, will confirm with that person whether to present his/her name to the Annual Conference. On behalf of the 1985 LMC Nominating Committee, I want to thank you for your assistance and assure you that all suggestions will be seriously considered. Sincerely, Helen Schendel Associate Director Enclosure HS:ss NOMINATING COMMITTEE Millie MacLeod, Councilmember, Moorhead, Chair Kathy O'Brien, Councilmember, Minneapolis Mayor Marvin Anderson, Breckenridge Carol Schrod.en, City Administrator, St. Charles John Anderson, City Manager, Shakopee Rosemary Given-Amble, Councilmember, Bemidji Jim Brimeyer, City Manager, St. Louis Park Dean Massett, City Administrator, Red Wing IIII X111 [lull league of minnesota cities GUIDELINES 1. Geographic and Population Size Representation There has been a conscious effort to see that different parts of the state are represented on the Board, as well as the different sizes of cities that are among the League's constituency. 2. Twin Cities Area/Outstate Balance While there are no specific seats on the Board reserved for Twin Cities area or outstate members, it has been a consistent practice to maintain a rough balance of Board members from these areas. 3. Elected/Appointed Balance Traditionally both elected and appointed municipal officials have participated in all aspects of the League's activities, including membership in the Board of Directors. Although no specific number of seats on the Board are reserved for elected as distinct from appointed -o€ficials, it has been a consistent practice to have a majority of the Board composed of elected officials. Furthermore, there-has-been some effort to provide an opportunity for a variety of appointed officials (e.g. , clerks, city managers, attorneys, assessors, etc.) to serve on the Board. 4. Rotation of Membership In view of the fact that the League has more than 750 member cities any individual who serves a full term on the Board is not normally considered for another Board term. However, persons with Board experience are often considered as potential officers. (OVER) I B3 university avenue east, st, paul, minnesota 551 01 (31 23 227-5300 BOARD OF DIRECTORS AND OFFICERS OF THE LEAGUE 1984-85 Terms of Office President: Mary Anderson, Mayor, Golden Valley Elected by membership, June 1984 term expires, June 1985 Vice President: Susan Edel, Councilmember, Winona Elected by membership, June 1984 term expires, June 1985 Directors: Bill Bassett, City Manager, Mankato Elected by membership, June 1982 term expires, June 1985 Betty Bell, City Clerk, Coon Rapids Elected by membership, June 1982 term expires, June 1985 Richard Johnson, City Clerk, Brainerd Elected by membership, June 1982 term expires, June 1985 Chuck Hazama, Mayor, Rochester Elected by membership, June 1984 term expires, June 1985 (Note: Chuck has had two one year terms) Patricia Bonniwell, City Clerk-Treasurer-Admin. , Dassel Elected by membership, June 1983 term expires, June 1986 James Miller, City Manager, Minnetonka Elected by membership, June 1983 term expires, June 1986 Kathy O'Brien, Councilmember, Minneapolis Elected by membership, June 1983 term expires, June 1986 Elizabeth Witt, Councilmember, Mendota Heights Elected by membership, June 1983 term expires, June 1986 Kelly Ferber, Mayor, Fergus Falls Elected by membership, June 1984 term expires, June 1987 Bob Benke, Councilmember, New Brighton Elected by membership, June 1984 term expires, June 1987 Connie Morrison, Mayor, Burnsville Elected by membership, June 1984 term expires, June 1987 Duane Knutson, Mayor, Fertile Elected by membership, June 1984 term expires, June 1987 Ex Officio: Ron Backes, Councilmember, St. Louis Park President, Assn. of Metropolitan Municipalities June 1984, term expires, June 1985 LMC Past President: Robert Anderson, Mayor, International Falls Term expires, June 1985 HS:ss 6(L 0 MAY 131985 CITY OF ter'' May 9, 1985 Mr. John Anderson City Manager 129 East First Ave. City of Shakopee Shakopee, Minnesota 55379 Dear John: As you may perhaps know, I am a candidate for Vice President of the League of Minnesota Cities. Certainly this is a crucial time for the League. While, hopeful- ly, the issue of Local Government Aid, which has been so divisive over the last several years, will at least be. temporarily re- solved in this legislative session, there will undoubtedly be many other challenges for the League in the coming months. I continue to strongly believe that the League can and should exert a leadership role in addressing challenges like Local Government Aid. At the same time, the League must be sensitive to the diversity among its members, and continue its efforts to develop policies on crucial issues which integrate those diverse interests to the greatest possible extent. I would greatly appreciate your support. Letters of support may .be directed to the Chair of the Nominating Committee, in care of Helen Schendel, Associate Director, League of Minnesota Cities, 183 University Avenue East, St. Paul, Minnesota 55101. Thank you. Sincerely, James F. Miller City Manager ie city offices are located at 14600 minnetonka boulevard minnetonka, minnesota MIMI 933-2511 Gd EOPLES AVINGS W- AND LOAN May 14, 1985 City of Shakopee 129 E. 1st Ave. Shakopee, MN 55379 Dear Customer, We have been happy to provide the Shakopee community and surrounding area with financial services since 1977. We hope Peoples Savings and Loan has been able to help meet many of your financial needs. The past few years have seen several progressive changes in the financial industry. As the financial industry changes and grows, we also must change as we grow. We have studied the role Peoples Savings and Loan in Shakopee fills in Scott County and have concluded that for the majority of our ,customers we can provide equally efficient service from our Prior Lake Branch Office. We therefore will be closing the Shakopee office of Peoples Savings and Loan effective June 15, 1985. All accounts presently serviced at the Shakopee office will be transferred to our Prior Lake office located at 15830 Franklin Trail just off highway 13 . The phone number for the Prior Lake office is 447-4045. We are very appreciative of the opportunity to serve you and sincerely hope that we may continue to serve your financial needs in the future at our Prior Lake office. If you have any questions concerning the transfer of your account or accounts, please contact us. Sincerely yours, Robert--W. Bruce President RWB/JS/ld 327 Marschall Road * Shakopee, Minnesota 55379 * 612/445-1555 I,iay 14, 1985 Nis. Judy Simac , City Planner Shakopee City Department 129 East 1st Avenue Shakopee, Minnesota 55379 Dear Judy: This letter is regardingthe Tent Revival to be held June 8 through June 15 . We wil be using the vacant lot behind the VFW on Marschall Road. We will be setting the tent up on Sat. , June 8 and taking it down on Sat. , June 15 . I have arranged for two porta-pottys with Port-O-Let in Prior Lake. If necessary, we can arrange for more at a later date . It ' s hard to say exactly how many people will participate until the actual dates of the revitral. I have also arranged for the use of alighted sign. This is the portable type that is on wheels. It is 4 x 8 and is lighted within. we will be setting it up on Marschall Road in front of the Tent. If you have questions regarding the electricity, please call John Bjorkland at 445-4400 or 445-2912 . He is arranging for the details on this area. } e'Rhandle the directing of traffic if need be . Should the need arise for additional help that we could not handle, we will then contact the Police Department. (We don't anticipate that great of a crowd, however. ) We plan on putting wood chips on the floor of the tent. Do you have any suggestions on where to get these chips? Possibly the city is cutting down some trees and would like to dispose of the wood chips. I will also check out some other possibilities in the meantime . The size of the tent is 55 ' by 751 . David Horton Ministries is bringing the tent, chairs , music and whatever else a meeting of this type would require. This is my first time helping in this type of meeting, so I 'm not fully aware of all the details at this time. I do know that everything will be done in order. Thank you for your help and cooperation in assisting our efforts . For further information please call either John Bjcrkland (445- 4400 or 445-2912 ) or me (Bev Andren - 941 -0977) . y735 Palisades ( ,"rae P.O.Boa 1155 9 Broken Arrow,Ok 74013 SS,�yfi If there are any other details that we have overlooked, please inform us. I 'll anticipate hearing from you shortly. J2-ncerel:,r, � Com►d.v�, Beverly Andren for David Horton I"Jnistries r i CITY OF SHAKOPEE INCORPORATED 1870 " e � 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 f� e May 15 , 1985 Mr. John Bjorklund 2326 S. Pike Lake Road Shakopee, MN 55379 Re: Tent Revival June 8th thru June 15 , 1985 Dear Mr. Bjorklund: I am writing in follow-up to our telephone conversation this afternoon as well as the letter dated May 14 , 1985 from Beverly Andren for David Horton Ministries. It is my understanding that David Horton Ministries is plan- ning a Tent Revival to be held June 8 through June 15 on the vacant lot behind the VFW on Marschall Road. I understand that the events will take place between 2 : 00 p.m. and 4: 00 p.m. on Sunday and between 7: 30 p.m. and 9: 30 p.m. Monday through Friday, with possibly one morning event sometime during the week. I also understand that there will be seven or eight ushers plus two or three people directing parking. Although there is no license permit or fee required from David Horton Ministries the following requirements must be met: 1. Must be in compliance with the City' s noise ordinance. 2. Must file a copy of a certificate from the manufacturer that the tent is fire retardant. 3 . Provide one porta-potty per 100 people. 4. Plan for adequate parking at the rate of one parking space per four people. If you plan to limit attendance to 300 as opposed to the 588 the tent will hold, please submit a letter to that affect. 5 . Provide copies of written permission from property owners for use of their property. 6 . No ingress or egress from Marschall Road. 7. Tent setback shall be as follows: 50 ' - East (CR-17 ) 30 ' - 3rd Avenue 20 ' - West nd North do Cnr/a!(ln nn•1!in itv c,..^!� � Mr. John Bjorklund Page Two May 15 , 1985 Parking setback shall be as follows: 15 ' from CR-17 and 3rd Avenue 5 ' from West and North 8. Complete a building permit for the building inspector, for his records. 9 . Obtain a building permit for any signing which must be attached to the tent (wall) , portable signs are not per- mitted as the event is not considered a public function. 10. Check with the Engineering Department requirements for a temporary ramp on 3rd Avenue. John, would you also provide us with the names of other municipalities in which tent revivals have been held along with the name of the contact person at the municipalities , if available. If you should have any questions, please give me a call. Sincerely, Ju ' th S. Cox Ci Clerk JSC/jms cc: Beverly Andren Judi Simac, City Planner Lee Houser, Building Insp. Tom Brownell, Chief of Police John Anderson, City Administrator RESOLUTION 1',`2402 A Resolution Granting the Possession and Comsumption of Strong Beer and Wine as Herein Limited WHEREAS, The City of Shakopee has received a written request from the Chaska Senior High School under date of May 20, 1985 reserving the Lions Park in Shakopee for June 7, 1985 for their end-of-school-year picnic for members of the faculty and associates; and WHEREAS, They have requested permission for the possession and consumption by the above guests of strong beer and wine in the picnic and sheltered areas of the above park; and WHEREAS, The Council finds that such request is permissible under Section 10.57 of the Shakopee City Code; THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL in meeting assembled that permission is hereby granted to the Chaska Senior High School for the possession and consumption of strong beer and wine in the picnic and sheltered areas of Lions Park by on faculty members and associates /June 7, 1985 beginning at approximately 2 PM until the closing of the park on said date. Passed in session of the Shakopee City Council held this day of , 1985. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 21st day of May, 1985. City Attorn k, v CHASKA SENIOR HIGH SCHOOL INDEPENDENT SCHOOL DISTRICT NO. 112 1700 CHESTNUT CHASKA, MINNESOTA 55318 TELEPHONE (612) 448-2854 r CHARLES T. ACHTER "` ROBERT J. OSTLUND Principal a Associate Principal TO: WHOM IT MAY CONCERN FROM: CHARLES ACHTER, HIGH SCHOOL PRINCIALS RE: USE OF BEER & WINE ON PICNIC GROUNDS DATE: MAY 20, 1985 THE CHASKA HIGH SCHOOL HAS RESERVED THE LION'S PARK IN SHAKOPEE FOR JUNE 7, 1985, FOR THEIR END OF THE SCHOOL YEAR PICNIC. THERE WILL BE APPROXIMATELY 50 TO 60 PEOPLE IN ATTENDANCE. THEY WILL BE ARRIVING AROUND 2 P.M. AND STAYING UNTIL THE PARK CLOSES. WE WOULD LIKE TO RE- QUEST THE USE OF STRONG BEER AND WINE IN THE PICNIC AND SHELTERED AREAS ONLY. THANK YOU FOR YOUR CONSIDERATION. CA/nb 7a') MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for $1,800 ,000 IR Bonds from Bemidji Super 8 Partnership DATE: May 16 , 1985 Introduction The public hearing held on April 2nd and May 7th was continued until May 21st in order to afford staff an opportunity to review information which had not yet been submitted by the applicant. Background The original application from Bemidji Super 8 Partnership for $2 , 000 ,000 IR Bonds for a 100 unit hotel has been reduced to $1, 800 ,000. The Planning Commission has approved the conditional use permit to construct a hotel on the applicant ' s property. There are a number of conditions attached to the conditional use permit which conditions shall be met prior to issuance of a building permit. The final plat encompassing the applicant' s property has been approved by the Planning Commission and is before Council this evening for their approval. Although the building inspector has not seen the detailed build- ing plans, the applicant understands that they must be in com- pliance with local and state building regulations in order to obtain a building permit. Based on the aforementioned, staff has found that the project is now in accordance with the existing comprehensive planning, zoning, platting and building regulations, and the application is therefore in conformance with the current policy for review of commercail development bond applications. The City' s allocation for 1985 is $2 ,598 ,015 . Should Council approve the application, there remains $798 , 015 available for another application. To date, the City has received only one inquiry, no application, regarding the availability of IR bonds , and this amount would meet their needs. Alternatives 1. Direct staff to put the resolution giving preliminary approval on the next agenda - policy has been to delay adopting the preliminary resolution until the Council meeting following the public hearing. 2. Deny application. Application for $1 ,800 , 000 IR Bonds from Bemidji Super 8 Partnership Page Two May 16 1985 3 . Adopt resolution giving preliminary approval - may be justified because the public hearing has been on the Council agenda three times. Recommended Action 1. Continue public hearing. 2. Close public hearing. 3 . Adopt resolution giving preliminary approval. JSC/jms jj. �•.�I«_.'r_ 'moi �V O 'CO N N O R & HANNAH ATTORNEYS AT LAW _`.. >� Y PES` 3800 1 DS TOWER SUITE 800 80 SOUTH EIGHTH STREET 1919 PENNSYLVANIA AVENUE,N.W. WAs;1_INGTON;D.C. 20006-3483 MINNEAPOLIS, MINNESOTA 55402-2254 (202)867-1400 SUITE 4700 ONE UNITED SANIc CENTER (612) 341-3 8 00 1700 LINCOLN STREET TELEX 29-0584 DENVER,COLORADO 80203 TELECOPIER 612 341-3800 (256) (303)830-1700 May 16 , 1985 VELA20UE2,21 MADRID I,SPAIN DANIEL L. WILES 431-31-00 -TELEX 23543 (612) 343-1219 Ms. Judy Cox HAND DELIVERED City Clerk City of Shakopee 129 E. lst Avenue Shakopee, MN Re: Preliminary documents for proposed $1, 800 , 000 City of Shakopee Commercial Development Revenue Bonds (Super 8 Project) Dear Ms. Cox: I have enclosed copies of the following documents: 1. Application for Approval of Industrial Development Bond Project (5 copies) ; 2. Resolution Giving Preliminary Approval (10 copies) ; 3. Mayor' s Statement (5 copies) ; 4. Preliminary Opinion of O'Connor & Hannan (l copy) Please return an executed copy of each of documsnts no. 1, 2 and 3 to me for ultimate inclusion in the bond transcripts. The documents have been modified to reflect a reduced principal amount of the bond issue from $2, 000 ,000 to $1, 800 ,000. The reduction is due to two factors. First, net project costs decreased by $180, O00 . due to a decrease in number of room from 100 to 66 . The Borrower has decided to construct the Project in more than one phase as a result of a Laventhol& Horwath feasibility study which advised that due to question- able levels of business during the Canterbury Downs off season, 60 to 70 additional rooms is the present maximum for the Shakopee market. The Borrower intends to construct a second phase of approximately 40 rooms as a separate project in the future when feasible. Ms. Judy Cox 5/16/85 Page two The project cost reduction occurred in spite of the Borrower' s action to upgrade the project from the first proposal to the City by adding a spa and pool area, guest suites and meeting rooms. The second reason for the decrease in the bond issue is an increase in Borrower ' s equity by $20, 000. If you have any questions or comments, please call. Best regards. ver truly yours, Daniel L. Wiles DLW/skb encls. cc: Murray Williamson Otto Byhre Rod Krass STATE OF MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMT FINANCIAL MANAGEMENT DIVISION Application for Approval of Industrial Development Bond Project Pursuant to Chapter 474 (Please submit this form in duplicate - all supporting data in single copy only) Cate: 1985 The governing Cody of Shakopee, Minnesota , County of Scott Minnesota. hereby applies to the Minnesota Department of Energy and Economic Development (Departments for approval of a proposed Industrial Oeveiopment Bond issue as required by Minn. Stat. 474.01, sutad. 7a. An allocation of issuance authority under Minn.Laws 1984,ch. 582 3 1:3-20(to be codified as Minn.Stat-474.15 - 474.24) for this proposed issue has Z. has not been received from the Department. (If an allocation has been received, please show saurce: F-mitiernern ,�. Competitive Pool ; ) We have emered into preliminary discissions with: Rrm: Bemidji Super 8 Partnership Anpmey- Wood Kidner (Bond Counsel) Address: 6115. Lincoln Drive Address. 3800 IDS Tower 55436 Minneapolis MN 55402 Edina _ C=e: _ Clly. State:City: MN ' Name of Projec=t $1 , 800 , 000 City of Shakopee, Minnesota Commercial Development Revenue onas (:super 8 Motel rro3ecz This firm isengaced primariiy in (nature of business): Development and operation of motel facilities The proceeds from the sale of the Industrial Development Bonds will be used to (describe proiecs):Acquire , construct and install an approximately 66 unit motel , incluainc meeting rooms and exercise faculties Address of Proiect: Northeast corner of intersection of Countv Road 17 and County Road 16 , Shakopee , Minnesota Proceeds from the sale of the bonds of approximately $ 1, 800 , 000 , will be applied toward payment of cols now estimate^ as follows: Acquisition of land: 5 425- 000 �, , UUU New carstruction: Demolition and site pre¢araticn: 75 , 000 Acruisition of Eruipmer:- 75 , 000 Movable (limited to i 0% of proceeds) Other Installation Fees: Architer:ural, engineering, inspecbon, fiscal, 180 ,000 legal. adminisration, or printing: 80 , 000 Construction irnarest: Initial Bond Reserve: Contingencies: 25 , 000 e It is presently estimated that construction will begip on or about. June 1 1 c 8 5 and will be compieted on or about j anuary 1 , 19 00 . When completed, these will be aCcroxi- mateiy._new jobs created by the projec•:at an annual payroll of approximately $ 12 5 , 0 0 0 based upon currently prevaiiinc wages. (If applicable) There are 22 0 existing jobs provided by business. (If applicable) There will be__jobs created by construction of the project. Number of hours 3 0 0 0 , Aver- age wage level $ 25 . 00/nour The tentative term of the financing is 3 0 years, commencing June 1 1 q 8 5 The following exhibits are fumished with this application and are incorporated herein by reference: 1. An opinion of bond counsai that proposal constitutes a project under Minn. Stat. 474.02 and Minn. Laws 1984, chip. 582 � 12 (to be codified as Minn. Stat. 474.23). 2. A copy of the city council resolution giving preliminary approval for the issuance of its revenue bonds and stating that the project, except for a project under Minn. Stat. 474.02. subd. 1 f, would not be undertaken but for the availability of industrial Development Send financing. 3. A comprehensive szaternent by the municipality indicating how the project satisfies the public or purpose and policies of Minn. Stat. ch. 474. 4. A letter of intent to purchase the bond issue or a letter confirming the feasibiiity of the project from a financial standpoint. 5. A statement signed by the principal representative of the issuing authority to the effe;;. mat upon a tiering into the revenue agreement the information required by Minn. Stat. 474.01, SubC. 8 will be submitted to the Department (not applicable to pmies:t under Minn. Stat. 474.02, subs. 1 f). 6. A statement signed by the principal representative of the issuing aumonty mat the project Coes not inciude any property to be said or affixed to or consumed in the producxicn of proper:y for sale, and does not inGude any housing facility to be rented or uses as a permanent residence. 7. A statement signed by the principal representatives of the issuing authority stating that the proie= (1) does not inUude: an airplane; a private luxury box; a facility primarily used for gamaiing; or a store the principal business of whip's is the sale of alcoholic beverages for consumption ofi premises. and (2)tnat no more than 10 percent of the proceeds of revenue bonds will be used to finance movable eCuipment not Constituting a fixture. no more than 25 percent of revenue bonds will be used to finance the accuisition of land, and not more than 510.000,OCC in revenue bonds which are industriai development bonds subier:to the exemption described in section 1 C3(b)(61 of the Internal Revenue Code of 1954, zz amended December 31, 1 SeS. will be issued with respect to any one building which is used for commertiai, office or inausvial purposes, with- out regard to ownem. hip of condominium units within the building. S. A statement signed by a representative of the issuing authority that a public heannc was conducted pursu- amto Minn. Stat. 474.01, Subd. 7b. The statement shall include the date, time and place of the meeting and certify mat a draft cagy of this application with ail attachments was available for public inspection and that all interested parties were afforded an opportunity to express their views. S. Cepies of notic2(s) as published which indicate the daze(s) of,publication and the newspapers) in which the notices! were published. 10. Provide a pian for compliance of ernpicyment preference of economically disadvantages) or unemployed indi- viduals. (See Minn. Stat. 474.01, Sued. 1 1.1 _ We. the undersigned, are duly elected representatives of Shakopee , Minnesota Minnesota anc solicit your aocroval of this project at your earliest convenience so that we may carry it to a final conclusion. Signed by: (Principal Officers or Reoresentatives of Issuing Authority: type or print official's name on the line to the left of the signature line. Thank you.) Mayoncnair Signature Tule. City Administrator Signature This approval shall not be deemed to be an approval by the Depanment or the State of the feasibility of the project or the terms of the revenue agreement to be executed or the bonds to be issued therefor. Autnorizec Signature Minnesota Oevanment of Date of Approval Energy and Economic 0evelooment Please return to: Minnesota Dept. of Energy and Economic Development Business Financial Management 900 American Center Building 150 East Kellogg Blvd. Si. Paull, Minnesota 5B 101 RESOLUTION NO. - RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUS- TRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT FOR APPROVAL AND AUTHO- RIZING PREPARATION OF NECESSARY DOCUMENTS . HE IT RESOLVED by the City Council ( the "Council" ) of the City of Shakopee, Minnesota ( the "City" ) , as follows : 1 . It is hereby found, determined and declared as follows: 1 . 1 . The welfare of the State of Minnesota ( the "State" ) requires active promotion, attraction, encour- agement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment , and it is the policy of the State to facilitate and encourage action by local gov- ernment units to prevent the economic deterioration of such areas to the point where the process can be re- versed only by total redevelopment through the use of local , state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas . 1 . 2 . Technological change has caused a shift to a significant degree in the area of opportunity for edu- cated youth to processing, transporting , marketing, service and other industries , and unless existing and related industries are retained and new industries are developed to use the available resources of the City, a large part of the existing investment of the community and of the State as a whole in educational and public service facilities will be lost , and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and com- pensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population. 1 . 3 . The increase in the amount and cost of govern- mental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs . 1. 4 . Bemidji Super 8 Partnership, a Minnesota gen- eral partnership ( the "Company" ) , has advised the Coun- cil that it desires to undertake a project which con- sists of the acquisition, construction and installation of an approximately 66 unit Super 8 motel ( the "Proj- ect" ) , to be located on the northeast corner of the intersection of County Road 17 and County Road 16 in the City. 1 . 5 . The existence of the Project in the City will contribute to more intensive development and use of land, thereby increasing the tax base and employment opportunities in the City. 1 . 6 . The City has been advised by the Company and on that basis hereby finds that conventional, commercial financing to pay the capital cost of the Project is available at such costs of borrowing that the Project would not be economically feasible and would not be undertaken but for the availability of industrial devel- opment bond financing therefor . 1. 7 . This Council has been advised by Capital De- velopments, Inc. of the financial feasability of the Project, as so undertaken with the assistance of the City, or of its intention to purchase commercial or industrial revenue obligations of the City to finance the Project. 1. 8. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds, notes or other obligations to finance the cost, in whole or in part, of the acquisition, construction, reconstruction, improve- ment, betterment or extension of capital projects con- sisting of properties used and useful in connection with a revenue producing enterprise, including the Project, and the issuance of such obligations by the City would be a substantial inducement to the Company to construct its facility in the City. 1. 9 . The City has been advised by O' Connor & Hannan, Minneapolis, Minnesota, who shall act as bond counsel to the City with respect to the Project, that the Project constitutes a "project" within the meaning of Minnesota Statutes , Chapter 474 . 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its obligations ( the "Bonds" ) under the provisions of Minnesota Statutes, Chapter 474 , to finance the Project in an amount presently estimated not to exceed $1,800 , 000 . - 2 - 3 . The Project and the related financing thereof by the City are hereby given preliminary approval, and the issuance of the Bonds for such purpose and in such estimated amount is hereby approved, subject to approval of the Proj- ect by the Minnesota Department of Energy and Economic De- velopment ( the "Department" ) and to the mutual agreement of the Council , the Company and the initial purchasers of the Bonds as to the details and provision for payment of the Bonds . In all events , it is understood, however , that the Bonds shall not constitute a debt of the City or a charge, lien or encumbrance, legal or equitable, upon any property of the City except its interest in the Project, and each of the Bonds when, as and if issued shall recite in substance that it is payable solely from the revenues received from the Project and property pledged to the payment thereof . 4 . In accordance with Minnesota Statutes , Section 474 . 01 , Subdivision 7a, the Mayor is hereby authorized and directed to submit the proposal for the Project to the De- partment for approval . The Mayor and other officers , em- ployees and agents of the City are hereby authorized to provide the Department with any preliminary information needed for this purpose and are further authorized to initi- ate and assist in the preparation of such docun.ents as may be appropriate to the Project and the financing thereof . 5 . The adoption of this resolution by the Council does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Company. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the Bonds should the City determine that it is in the best interest of the City not to do so or should the parties to the transac- tion be unable to reach agreement on the terms thereof . Adopted by the Shakopee City Council on 1985 . 3 - Clerk ' s Certificate I , the undersigned, being the duly qualified and acting Clerk of the City of Shakopee, Minnesota , hereby certify that I have carefully compared the attached and foregoing resolution with the original thereof on file in my office and further certify that the same is a full , true and com- plete transcript therefrom, insofar as the same relates to the preliminary approval of a commercial or industrial de- velopment project and the financing thereof for Bemidji Super 8 Partnership, a Minnesota general partnership. I certify that Councilmember introduced said resolution, Councilmember moved its adoption, which motion was duly seconded by Councilmember , and upon roll call , the "Ayes, " "Abstains" and "Nays" were as follows : AYES ABSTAINS NAYS Whereupon the resolution was declared duly passed and adopted. I further certify that said resolution was duly adopted by the Shakopee City Council at a duly called and regularly held regular or special meeting thereof . WITNESS my hand officially as such Clerk and the cor- porate seal of the City this day of , 1985 . City Clerk Shakopee, Minnesota ( SEAL) 7b MEMO TO: John K. Anderson , City Administrator FROM: Judi Simac , City Planner RE : Appeal of Conditional Use Permit Resolution No. 401 by Janet and Kevin Winter DATE: May 16 , 1985 Introduction• Janet and Kevin Winter have appealed the Planning Commission Resolution which denies them a conditional use permit to convert the loft of an existing barn to living space at 1830 Marschall Road. At the May 7th meeting , the City Council approved a motion to continue the public hearing until the City Attorney could provide a legal opinion as to whether the subject property is a legal farmstead residence or if it is now considered a single family residence on 2 112 acres of land . Background • Please find attached the submitted legal opinion from the City . Attorney which in summary concludes that the subject house does not qualify as a farmstead or farm house. Therefore , the existing single family house is a permitted use and there is no provision in the City Code , regarding the Agricultural Preser- vation district, which allows an additional home or living unit to be created on the same parcel. According to the legal opinion, the staff interpretation that the house was a farmstead residence was in error . Action Requested : Motion to either approve or deny Conditional Use Permit Resolution of the City Council No . CC-401 , and move for its adoption. tW cJULIUS A. COLLEIR, H JULIUS P..COLLER ATTORNEY AT LAST 612-445-1244 1859-1940 - - - 211 WEST FIRST AVENUE SHAHOPEE, MINNESOTA t 55329 t May 15, 1985 - Memo to: Judy Simac, City Planner From: Julius A. Coller, II, City Attorney RE: Definition of Farmstead residence as used in the Shakopee City Code 11.24, page 301 Subject property of this inquiry is a single family home on 212 acres of land. It is my understanding that no part of the land is used as a farm. You ask whether the subject property is a legal farmstead residence or if it is now considered a single family home on 22 acres of land. The Shakopee Code does not define the word "farmstead". I am unable to find a Minnesota case defining the word "farmstead", and in searching the case law of other states I- could only find an Oklahoma case which held that a two story garage at a country home situated on about 20 acres of unplanted rough land with livestock limited to saddle horses '' the tract was not a farm and the garage was not a farm building or farm improvement. Mattison vs Dunlap 127 p2nd 140, 191 Oklahoma 168. A Nebraska case defines the word "farm" as being a tract or number of tracts of land devoted wholly or partially to agricultural purposes or pasturage of cattle. Goebel vs Holt 108 NW 2nd 406, 172 Nebraska 81. The remaining possible source of a definition of farmstead would/tRe dictionary and while I am unable to find a definition of farmstead I find the equivalent. A farm house is defined as a house on a farm especially the main dwelling house on a farm. It would seem,in view of the above,that the subject house does not qualify as a farmstead or farm house. Respectfully submitted, JAC/nh CITY OF SHAKOPEE .7 CONDITIONAL USE PERMIT RESOLUTION OF THE CITY COUNCIL NO. CC- 401 WHEREAS , Janet and Kevin Winter having duly filed an application for a Conditional Use Permit ate 3/1/85 under the provisions of the Shakopee Zoning Ordinance , Section 11. 04 , Subd. 6 as follows : to convert the loft of an existing barn to living space . in a Agriculture zoned area ; and WHEREAS , the property upon which the request is being made is described as : 1830 Marschall Road and WHEREAS , said proposed Conditional Use Permit request was Denied by the Shakopee Planning Commission of the City of Shakopee , Minnesota at their meeting held April 4 , 1985 and said Conditional Use Permit decision is herewith Bing appealed to the City Council ; and WHEREAS , the Shakopee City Council on May 7 , 1985 held a public hearing on the appeal from the decision ot the Planning Commission NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that upon hearing the advice and recommendations of the Shakopee Planning Commission and upon considering the suggestions made by the applicant and the suQQestions and objections raised by the affected property owners , within a radius of 350 feet thereof , in public hearings duly held by the Shakopee Planning Commission and the Shakopee City Council , that the aforementioned Conditional Use Permit be and is hereby pursuant to the following : BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code , Sec . 11 . 04 , Subd . 6C-12 , if an approved Conditional Use Permit is not utilized within one year from date herein approved or by 19 it shall become null and void . Adopted in session of the City Council of the City of Shakopee, Minnesota hel this day of 19 - MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac , City Planner RE : Final Plat Approval of Della ' s 1st Addition DATE: May 16 , 1985 Background : At their May 9 , 1985 meeting , the Planning Commission approved a motion to recommend to the City Council Final Plat approval of Della ' s First Addition subject to the staff recommended conditions contained in the May 3 , 1985 case report . ( Please refer to attached memo and resolution) . Action Requested : Offer Resolution No. 2400 , A Resolution approving the Final Plat of Della ' s First Additon, and move for its adoption. Attachments tw l ! MEMO TO: Shakopee Planning Commission FROM: Judi Simac , City Planner DATE : May 3 , 1985 APPLICANT: Cecil P. Clay LOCATION : NW 1/4 of Section 8 - E. 11th Ave . and Shakopee Ave . ZONING : R-2 Urban Residential LAND USE : Undeveloped APPLICABLE REGULATIONS: - Section 12 , Subdivision Regulations FINDINGS REQUIRED : Section 12 .05 , Section 12 .03 , Subd . 4 , Section 12 . 01 , Subd . 4 PROPOSAL : The applicant is requesting final plat approval of Della ' s 1st Addition Considerations : 1. The total area of the plat is 3 .67 acres. 2. The final plat has been prepared . in accordance with the conditions of the preliminary plat approval and the subdivision regulations. 3 . The City Engineer has received and approved final construction plans for public facilities. 4 . The final plat shows lot numbers with an a or b beside them ; a portion of. the plat is Abstract property and the other portion is Torrens . This is the reason why Outlot B has a portion designated as Outlot C. In the final plat approval both Outlot B and C must be deeded to the City for Park Dedication. 5 . The City Attorney has informed the developer that the Title Opinion can not be completed until certain further _information is .made available. A Title Opinion by the City Attorney is a requirement for final plat approval. Staff Recommendation: Staff recommends approval of the final plat of Della ' s First Addition, subject to the following conditions : i. Approval of a Title Opinion by the City Attorney 2 . A variance is hereby granted from the requirement to provide twenty feet of screening where Austin Circle abuts Lots 16 and 17 , Block 5 , JEJ Addition for the reason that the variance shall not be detrimental to the public safety , health or welfare or injurious to other property in the neighborhood . 3 . Execution of a Devel-opers Agreement for the construction of the required improvements: a. Street lighting to be installed in accordance with the requirements of the SPUC Utilities Manager. b. Water system to be installed in accordance with the requirements of the SPUC Utilities Manager. C. Sanitary Sewer and Storm Water System to be installed in accordance with the requirements of the City Design Criteria and Standard Specifications. d. Street and street signs shall be constructed in accordance with the requirements of the City Design Criteria and Standard Specifications. The developer shall provide all street signs , including a sign or signs which does not permit parking on either side of Austin Circle. e. 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. f. Outlots B and C shall be deeded to the City of Shakopee in fulfillment of the park dedication requirement . No further park dedication fee will. be required. g. No building permit shall be issued for Outlot A until it is replatted . h. Retaining walls shall be used where necessary , as determined by the City Engineer., to maintain the slope of the lot ( or lots ) in conformance with the slope requirements as defined by ordinance . �I . The developer shall provide a recordable agreement stating that not more than one lot shall be developed for a twin home. Action Reouested : Motion to recommend final plat approval of Della ' s First Addition-, to the City Council. tw RESOLU-ION N0.21400 A Resolution Approving The Final Plat of Della ' s First Addition WHEREAS , the Planning Commission of the City of Shakopee did approve the Final Plat of Della ' s First Addition on May 9 , 1985 and has recommended its adoption ; and WHEREAS , all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, a variance is hereby granted from the requirement to provide twenty feet of screening where Austin Circle abuts Lots 16 and 17 , Block 5 , JEJ Addition for the reason that the variance shall not be detrimental to the public safety , health or welfare or injurious to other property in the neighborhood . WHEREAS , the City Council has been fully advised in all things. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA, that the Final Plat of Della ' s First Addition, described as follows: That part of the East half of the Northwest Quarter (E1/2 of NW1/14) of Section 8 , Township 115 , Range 22 , Scott County, Minnesota, described as follows : Commencing at the northwest corner of said East half of the Northwest Quarter ; thence on an assumed bearing of South 00 degrees 214 minutes 141 seconds West along the west line of said East half of the Northwest cuarter a distance of 5514 . 64 feet to the point of beginning of the land to be described ; thence South 59 degrees 149 minutes 43 seconds East a distance of 266 . 88 feet; thence South 29 degrees 314 minutes 20 seconds West a distance of 369 .63 feet to the intersection with the northwesterly extension of the northerly line of HAUERS 1ST ADD ' N as monumented ; thence South 59 degrees 17 minutes 13 seconds East along said northwesterly Q extension a distance of 108 .21 feet to the northwest corner of said plat of HAUERS 1ST ADD ' N; thence South 00 degrees 16 minutes 45 seconds West along the west line of said plat a distance of 287 .67 feet; thence northwesterly along a nontangential curve concave to the southwest , having a radius of 3175 .36 feet , a central angle of 4 degrees 45 minutes 34 seconds a chord bearing of N 33 degrees 04 minutes 39 seconds West a chord length of 264 .00 feet to the west line of said East half of the Northwest Quarter ; thence North 00 degrees 24 minutes 41 seconds East along said west line a distance of 577 . 35 feet to the point of beginning. AND All that part of the abandoned right-of-way of the Chicago , Milwaukee , St. Paul and Pacific Railroad Company in the West half of the Northwest Quarter (W1 /2 of NW1/4) of Section 8 , Township 115 , Range 22, lying southwesterly of the centerline of the track as shown in Scott County Recorder' s Document No. 178637 westerly of the east line of said West half of the Northwest Quarter and southeasterly of the northeasterly extension of the southeasterly line of Lot 15 , Block 5 , JEJ Addition. AND All that part of the abandoned right-of-way of the Chicago , Milwaukee , St. Paul and Pacific Railroad Company in the East Half of the Northwest Quarter ( E1/2 of NW 1/4) of Section 8 , Township 115 , Range 22 , lying northerly of the southerly line of 11th Avenue extended easterly to the southwest corner of Lot 1, Block 1 , Hauers 1st Addition , said centerline of the track established by Scott County Recorder' s Document No. 178637 . AND That part of the West half of the Northwest Quarter (W1/2 of NW1/4) of Section 8 , Township 115 , Range 22 , Scott County, Minnesota , described as follows : Commencing at the Northeast corner -of said West half of the Northwest Quarter ; thence on an assumed bearing of South 0 degrees 24 minutes 41 seconds West , along the East line of said West half of the Northwest Quarter , a distance of 808 . 85 feet to the actual point of beginning of the land to be described ; thence . South 29 degrees 34 minutes 28 seconds West a distance of 118 . 93 feet ; thence North 59 degrees 49 minutes 43 seconds West a distance of 80 .00 feet ; thence South 49 degrees 29 minutes 45 seconds West a distance of 111.06 feet to the center line of the abandoned right-of-way of the Chicago , Milwaukee , St . Paul and Pacific Railroad as shown in Scott County Recorder' s -Document No.. 178637 ; thence Southeasterly along said center line to its intersection with the East line of said West half of the Northwest Quarter ; thence North 0 degrees 24 minutes 41 seconds East , along said East line of the West half of the Northwest Quarter , to the actual point of beginning. be , and the same hereby is approved and adopted with the requirements that: 1) Approval of a Title Opinion by the City Attorney. 2) Execution of a Developers Agreement for the construction of the required improvements: a . Street lighting to be installed in accordance with the requirements of the SPUC Utilities Manager. b. Water system to be installed in accordance with the requirements of the SPUC Utilities Manager. C. Sanitary Sewer and Storm Water System to be installed in accordance with the requirements of the City Design Criteria and Standard Specifications. d. -Street and street signs shall be constructed in accordance with the requirements of the City Design Criteria and Standard Specifications . The developer shall provide all street signs , including a sign or signs which does not permit parking on either side of Austin Circle. e. 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 . f. Outlots B and C shall be deeded to the City of Shakopee in fulfillment of the park dedication requirement . No further park dedication fee will be required . g. No building permit shall be issued for Outlot A until it is replatted. h. Retaining walls shall be used where necessary , as determined by the City Engineer, to maintain the slope of the lot ( or lots ) in conformance with the slope requirements as defined by ordinance. 3_) The d-eveloper shall provide a recordable agreement stating that not more than one lot shall be developed for a twin home. BE 1T FURTHER RESOLVED , that the Mayor and City Clerk be same are hereby authorized and directed to execute said approved Plat and Developer ' s Agreement. Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney i MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac , City Planner RE : Final Plat - Century Plaza Square 3rd Addition DATE : May 17, 1985 Background : At their May 16 , 1985 meeting , the Planning Commission approved a motion to recommend to the City Council final plat approval of Century Plaza Square 3rd Addition subject to the following conditions: 1) Approval of a Title Opinion by the City Attorney 2) The dedication of an additional ten feet on the east side of the centerline where the plat abuts CSAH 17 to provide for a total of 100 feet of right of way . 3) Execution of a recordable Developer' s Agreement which provides for the improvements listed below , and upon execution and recording thereof, the Developers Agreement dated October 16 , 1984 for Outlot B , Century Plaza Square 2nd Addition , shall be released by the City Clerk: a) Park Dedication to be made in cash at the time building permits are issued for lots 1-4 , Block 1. b) Sidewalk - a five foot sidewalk to be constructed along the west side of the plat where it abuts CSAH 17 . c) Auxilliary Turning Lanes - No building permit shall be issued to a-ny of the lots until a County Entrance Permit has been issued . Should anauxilliary turning lane be a requirement of the County Entrance Permit , it shall be the responsibility of the developer to construct the auxilliary turning lane prior to the issuance of a Certificate of Occupancy. d) Drainage and Grading - the developer shall perform overlot grading and construct storm sewer laterals for all developable lots. Please find attached the original staff report dated May 2 , 1985 and a copy of the proposed Resolution. Action Recuested * Offer Resolution No. 2401 , A Resolution Approving the final plat of Century Plaza Square 3rd Addition , and move for its adoption. RESOLUTION NO.2401 A Resolution Approving The Final Plat of Century Plaza Square 3rd Addition WHEREAS , the Planning Commission of the City of Shakopee did approve the Final Plat of Century Plaza Square 3rd Addition on May 16 , 1985 and has recommended its adoption; and WHEREAS , all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon ; and WHEREAS , the City Council has been fully advised in all things. NOW THERERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA , that the Final Plat of Century Plaza Square 3rd Addition, described as follows: Outlot B , Century Plaza Square .2nd Addition be , and the same hereby is approved and adopted with the requirements that: 1) Approval of a Title Opinion by the City Attorney 2) The dedication of an additional ten feet on the east side of the centerline where the plat abuts CSAH 17 to provide for a total of 100 feet of right of way . 3) Execution of .a recordable Developer' s Agreement which provides for the improvements listed below , and upon execution and recording thereof, the Developers Agreement dated October 16 , 1984 for Outlot B , Century Plaza Square 2nd Addition , shall be released by the City Clerk: a) Park Dedication to. be made in cash at the time building permits are issued for lots 1-14 , Block 1 . b) Sidewalk a five foot sidewalk to be constructed along the west side of the plat where it abuts CSAR 17 . c ) Auxilliary Turning Lanes - No building permit shall be issued to any of the lots until a County Entrance Permit has been issued . Should anauxilliary turning lane be a requirement of the County Entrance Permit , it shall be the responsibility of the developer to construct the auxilliary turning lane prior to the issuance of a Certificate of Occupancy. d) Drainage and Grading - the developer shall perform overlot grading and construct storm sewer laterals for all developable lots. BE IT FURTHER RESOLVED , that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developer ' s Agreement. Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of lc City Attorney MEMO TO: Shakopee Planning Commission FROM: Judi Simac , -City Planner DATE : May 2 , 1985 APPLICANT : J . O. N. Investments LOCATION : Outlot B , Century Plaza Square 2nd Addn ; East side of CSAH 17 , South of 41Zh Avenue , North of CH 16 . ZONING : B-2 Community Business LAND USE: Vacant (Proposed motel , restaurant , shopping mall) APPLICABLE REGULATIONS: Section 12 , Subdivision Regulations FINDINGS REQUIRED : Section 12 . 05 ; Section 12 . 01, Subd . 4 PROPOSAL : The applicant is requesting final plat approval of Century Plaza Square 3rd Addition ( the replatting of Outlot B, Century Plaza Square 2nd) . Considerations: 1 . The total area of the plat is approx . 7 acres. 2 . The adjacent land uses are R-4 to the North and East and B-2 to the South and West. 3 . The Final Plat approval of Century Plaza Square 2nd Addition required that no building permits would be issued to Outlot B until it was replatted . 4 . The preliminary approval of Outlot B indicates the subditiision of the parcel into six lots. The applicant has made some minor revisions to the location of the lot lines and proposes four lots , each meeting the required one acre minimum lot size. 5 . Sanitary Sewer , Storm Sewer and Water are available to the plat. 6 . When Century Plaza Square 2nd was recorded , two dedications of right-of-way were made to the City ; a sliver of property to the north and 17 feet on the southwest corner . Because the right-of-way dedications are now considered City property , the signature block on the final plat will have to be amended to provide for official City signatures .. The final approval of Century. Plaza Square 2nd required a dedication of ten feet of R-O-W .where Outlot. B abuts CSAR 17 to be made .at the time Outlot B is replatted. 7 . A five foot sidewalk is required - to be constructed along CSAH 17 . Construction plans for the sidewalk have not yet . been submitted for review by the City Engineer. 8 . The City Engineer indicates that a final drainage report has not been submitted for review. 9 . The need for and geometries of auxilliary turning lanes will be determined upon application for County Entrance Permits to CSAH 17 . 10 . There are no special assessments due on this plat. Staff Recommendation : Staff recommends approval of the final plat subject to the following conditions: 1. Approval of a Title Opinion by the City Attorney. 2 . Revision of the signature block on the final plat that provides for official city signatures. 3 . Receipt and approval of a final drainage report that includes the overlot grading and lateral storm sewer plan. 4 Receipt and approval of sidewalk construction .plans. 5 . Execution of a recordable Developer ' s Agreement which Provides for the improvements listed below, and upon execution and recording thereof, the Developers Agreement dated October 16 , 1984 for Outlot B , Century Plaza Square 2nd Addition , shall be released by the City Clerk: a) Park Dedication to be made in cash at the time building permits are issued for Lots -4 , Block I. b) Sidewalk - a five foot sidewalk to be constructed along the west side of the plat where it abuts CSAH 17 . c) Auxilliary Turning Lanes - No building permit shall be issued to any of the lots until a County Entrance Permit has been issued. Should an auxilliary turning lane be a require- ment of the County Entrance Permit , it shall be the responsibility of" the developer to construct the auxilliary turning lane prior to the issuance of a Certificate of Occupancy: d) Drainage and Grading the developer shall perform overlot grading and construct storm sewer laterals for all developable lots. 6 . The dedication of an additional ten feet on the east side of the centerline where the plat abuts CSAH 17 to provide 1*or a total of 100 feet of right-of-way. Action_ Recuested: Motion to recommend to the City Council approval of the final plat . of Century Plaza Square 3rd Addition , subject to the recommended conditions. tw U MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator DATE: May 20 , 1985 Item 8c regarding the 1985 Industrial Commercial Commission Day has been deleted from the agenda. L JEROME JASPERS & COMPANY Ce-filled-u6I'c -3ccounlanls 2116 SCOTT STREET - MEMBERS OF THE.AMERICAN INSTITUTE OF - - SHAKOPE:E.MINNESOTA 55379 CER71FIED PUBLK ACCOUN-1ANTS _ - TELEPHONE:16121445-2817 JEROME JASPERS.C.P.A. JAMES STREEFLAND.Jr.C.P.A. - - - - Members of City Council City of Shakopee Shakopee, Minnesota 55379 MANAGEMENT LETTER Dear Council Members : We have now completed the examination of your financial statements and at this time make the following recommendation. 1) Eliminate the deficit shown as Other Improvements (Fund 57) $21,034 .75 by transfer of the necessary funds . Other matters that came to our attention during the examination were not material in nature and were discussed with the Finance Director. We are pleased with the cooperation and the efforts by the Finance Department during the examination for 1984. We wish to thank you for the opportunity of serving you again this year and we look forward to an enjoyable and continuing association in service to vou. Jerome Jaspers & Company Shakopee, Minnesota May 16, 1985 TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Sewer Billing Adjustment DATE: MAy 14, 1985 Introduction Robert Vierling has requested an adjustment to his sewer billing effective with the May 1 bill. His request does not fall within the policy guidelines upon which staff could act. MR. Vierling stopped in City Hall last week and demanded a reduction in his sewer bill. His sewer bill last year was $11. 55 and is currently $35. 74. The large bill is due to water usaged of 158, 000 gallons in the first quarter of 1985. His water usage according to SPUC is: 1983 1984 1985 First Quarter 20, 000 42, 000 158, 000 Second Quarter 3, 000 3, 000 3, 000 (est. ) Third Quarter 7, 000 8, 000 -- Fourth Quarter 3, 000 31000 -- As best I can recall the conversation, he related that there was no leak and he had not used that much water ( 158, 000 gallons) . He made no mention of letting the water run in the winter to prevent freezing. I had called SPUC while MR. Vierling was here to verify the water reading and was told that the reading had been checked already. I called SPUC back after Mr. Vierling left and asked them to reread the meter. The reading was verified and also the meter showed that his consumption has dropped back down to the more usual lower usage. SPUC also related that his meter was repaired last winter due to the meter freezing and the frost plate on the bottom being damaged and leaking. Furthermore, they related that Mr. Vierling made no comment or complaint about the high water use or bill when he paid the bill for the first quarter. After hearing about the freezing meter and seeing the his consumption has gone up for the past three winters, I wrote Mr. Vierling the attached letter to verify the larger winter usage. Mr. Vierlings response is attached. Mr. Vierling has paid his May 1, 1985 utility bill the sewer charge and made no mention of the previous high water bill when he was in the SPUC office. Current billing policy allows staff, to make adjustments for leaks after they are repaired or for extraordinary usage and starting with any unpaid bills. Adjustments are based on prior winters consumption. Mr. Vierling maintains that there was no leak and that he did not use the water that meter registers. Attached are the closest applicable billing policies. This situation is somewhat unique to the policies. The usual circumstance for an adjustment is that someone will call that they have a high sewer bill and that they had a leak but they have had it fixed. Staff will then adjust any unpaid bills based on the previous winters consumption but no refund is issued. Al.Alternatives Make no adjustment. A2. Adjust bill to reflect "summer" usage -$5. 24. A3. Adjust bill based on winter 1982/3 usage -$7. 68. B1. Make no refund. B2. A2 and refund back to last years leaking meter -$110. 30. B3. A3 and refund back to last years leaking meter -$78. 22. B4. A2 and refund the April 1, 1985 billing difference -$30. 50. B5. A3 and refund the April 1, 1985 billing difference -$28. 06. Recommen tion Alternative number A3. Although this is not a reported leak incident, it seems to be most reasonable way to handle it because the water consumption has gone down again. This alternative coincides with the policy for adjustment for leaks and extraordinary usage by basing the adjustment on a prior winters usage. SPUC reports that the water usage is correct and Mr. Vierling is not contesting the water bill with SPUC therefore it is assumed that the water was used and went down the sewer and the City paid for the treatment of it. By denying a refund the City conforms to past practice and the policy for lawn watering and recoups some of the cost of the treatment for the period of large usage. Also, the City is consistent by holding to the theory evidenced in the policies that the consumer has some responsibility for reporting any disagreements with a bill. Action Regy Move to adjust the sanitary sewer billing for Robert Vierling from $35. 74 to $7. 68 effective with the approximately May 1, 1985 bill. CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 a° Mr. Bob Vierl. ing May 7, 1985 E21 East 4th Ave. Shakopee, MIS 55379 Dear Mr-•. V i er l i ng ; Shakopee Public Utilities Commission has control of the water system and billing in the city. They have re-read your water meter and confirmed that the water billing for the first quarter is correct. The sewer billing for April 84 to April 85 is based on the water you that are billed for in December 84 and March 85. There are four ways to have your sewer bill adjusted ( lowered) : 1. SPUC determines that the water meter is faulty or the meter reading is wrong. 2. You confirm to the City that there was a leak that caused the high water reading for the firs: ouarter and that the leak has been repaired. 3. Council breaks policy and orders an adjustment of your, sewer bill without the justification of either of the above reasons. However, they may consider leaving the water, running to prevent freezing a valid reason for adjustment. SPUC has said that the meter- is right, anis also:: that, the usage has dropped way down again. You have said there was no leak. Based on previous usage and that SPUC has said that the meter was repaired the previous winter due to freezing, there is the possibility of an adjustment for reason number three above. When you were in City Hall you did not say anything about having the water running in the winter to prevent freezing. Also, you left before I could finish explaining the billing orocedure and the options that can be pursued to have you bill adjusted. Please notify me as to whether the water was .Left running to prevent freezeing or not. Sincerely, Gregg Voxland Finance Director Th e He a r t oPro g r c ss V a e z, An Equal Opportunity Employer Mr. Hobert F. Vierling 221 E. 4th Avenue Shakopee , Mn. 55379 Greg Voxland City of Shakopee Shakopee , Mn. 55379 May 14, 1985 Mr. Voxland: First of all , you said I didn't stay long enough for you to explain your billing procedure . After 15 mts . of supercilious talk with you, I came to the conclusion that only direct action is going to amount to anything. Your stupid remark that two years ago when they fixed my meter I should have reported it to you- was an assinine assumption on your part. Aren' t your men supposed to report to you what repairs they make? As I've told you, I've been a licensed plumber for over 35 years in the State of Minnesota, so please don' t try and shade me on any matters concerning plumbing, leaks , etc . . Two years ago, when the meter was fixed, your City men told me that the meter had frozen. How could water keep flow- ing through that meter if the meter was frozen? I called. Minneapolis Utilities and they explained to me that many times the bottom plate in a meter will leak without being frozen, and this is due to the fault of the meter. Just what qualifications do your men have as far as knowing the inner workings of a meter are concerned? Minneapolis Utilities also said that I should not have paid for the fixing of the meter and that by no means should I have to pay for your mistake in the meter reading for one year at the cost of $11.55 per month. Now, you expect me to pay 4;35.74 per month for the next 12 months to make up for your mistake . I suggest that you call down to the Pole Palace and tell those brilliant people down there that I'm not going to pay the S & 4 until you make ad- justments and give me a credit for last year and the first part of this year. I'll be paying all my bill but the S & uJ tomorrow. Also, I am over 62, but I can' t make them understand down at the Pole Palace that I would like my discount that everyone else my age is getting. I don' t want any further delays , and will expect you to take care of this immediately ! Thank you Rober F. Vierling P .S . See second page . 2. As to this last December's billing of 158 ,000 gallons of usage, this is ridiculous . I had people taking care of my house for ten days . They left the water slightly running in case the heat should go off for some reason. If all the faucets were turned on full force throughout the house, there ' s still no way that 158,000 gallons could have been used! I do not know how you came to using this archaic method of billing, but I suggest in the future you become more reali- stic in taking care of these matters . duhen I explained to Ininneapolis that Shakopee bills the sewer and water on December's reading for the rest of the eleven months, the man I was talking to started laughing and it took him five minutes before he could stop and resume the conversation with me. )Uho ever heard of balloon payments on water? just what do I pay my tax money for you to do down at City Hall? incerely, r L/ lob r u 1 . Vierling Administrative Policy No . 10,S- Based 0SBased upon a motion made by the Shakopee City Council at its February 7 , 1984 meeting, Council has set the follow- ing policy as a guideline for sewer bill adjustments . The Fall-Winter quarters ( September to March) water usage used to establish a residential customer ' s yearly sewer bill , shall be replaced by the customer ' s average "winter period" water use from prior years when the current "winter period" usage is incorrect due to "uncontrollable leaks or extraordinary usage . " When there is no applicable prior period base , the average usage of 15 ,000 g per quarter shall be used. JSC/bn ADMINISTRATIVE POLICY NO. 65 Subject : Sewage Charges/Lawn Watering Date: January 19 , 1982 Source of Authority: City Administrator/Council Action 1/19/82 The City will not rebate sewer bills already paid for water not flowing in the sewer, but will credit the difference (i . e. dif- ference between the average winter usage and summer sprinkling usage) to the bill ( s ) not yet paid (normally one billing period) provided the problem is resolved (new meter, additional meter for sprinkling or repair made) . TO: John K. Anderson, E i t v Administrator PROM: Cr,eo g Vox i anc:. Finance D: rector RE: Sewer Refund for Elk River 5oncrete DATE: May 7, 1985 Introduction & Backnrcund The City has received the attached letter from Elk River Concrete Products. They are asking for a refund of sewer charges against their water meter which is: used only for product and does not enter the sewer system. The plant became oQerationwl in 1979. There is a second water meter which does Det charged sewer. City staff does not have any recollections concerning the situation but in light of the facts, it appears that we have been billing the large meter in error. Elk River brought the situation to our attention In 1985. I can trace billing on the large meter back. to 1982 but can not accurately separate it farther. Elk River feels some responsibility for not questioning the bills sooner and accordingly suggested a refund back to 1982 and they would absorb the previous years. The refund for the past 12 months -would be S1, 603. !4. It would be 13, 541. 52 if the refund went be back. to 198E. A second letter (attached) was received from Elk River subsequent to the development of the above information. They are now asking to go back another quarters billing which would mean an additional refund of $633. 58. The information in their letter appears to be correct. Also, Elk. River has related to file that the usual procedure in the other cities where they have plants is to have one water meter and bill sewer an a fraction of the water use. It was at the city` s request that: a second meter was installed. Alternatives i. Deny refund 2. Refund one year ($1, 603. 34) 3. Refund back. to 1982 (S,?,, 541.5;_) 4. Refund back to last quarter of 1981 ($4, 175. 10) 4. Refund an estimate back to 1979 Recommendation Alternative number 4. It appears to be a. shared fault that we billed the second meter and they did not question the bills and therefore a sharing of the refund is reasonable. There is not an established policy on how far back we will go to adjust bills and even at that it appeays that this situation could have developed because of the City' s error or mis-communication. Action Requested Move to authorize a refund of sewer service charges to Elk River Concrete in the amount of S4. 375. 10- ELK RIFER CONCRETE PRODUCTS 7575 GOLDEN VALLEY ROAD • MINNEAPOLIS, MINN. 55427 �+ TEL. (612) 546-8972 May 3, 1985 John Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: Sewer charges based on water usage Dear Mr. Anderson: Please refer to my April 11th letter. I have researched our files for previous years ' water usage. Below is a recap. Period Small Meter Large Meter 12/18/80 to 12/18/81 709,000 1,263,000 12/19/81 to 12/19/82 116,000 449,000 12/19/82 to 12/21/83 107,000 1,053,000 12/21/83 to 12/21/84 143,000 1,328,000 12/21/84 to 3/15/85 20,000 106,000 11095,000 4,199,000 The reason for the irregularities in the period 12/80 to 12/81 is that we were watering grass from the small meter. We later realized that we were being charged sewer rental . Therefore we switched the watering system to draw off of the big meter usage, not knowing that we were also paying sewer rental on this usage. The large usage meter was read only once in the period of 12/80 to 12/81. I don 't think that the reading was accurate Based on our tonnage produced if we combine the water usage for the years of 1981 and 1982, the gallons used to produce and steam -a ton of our product are in the ball park. We feel that we should have a sewer rental credit for the 4,199,000 gallons which was registered on the large usage meter. Please advise. Yours truly, ELK RIVER CONCRETE PRODUCTS �_�_ .,.. /I,ii. '�„z.��' /✓"�:�.��..l..0iris �Richard A. Klemenhagen RFTEx .RAK/aP ELK RIVER CONCRETE PRODUCTS DIVISiON C)F f1HE CREFEX COINWANIES, iNC, 7575 GOLDEN VALLEY ROAD * MINNEAPOLIS, MINN. 55427 TEL. (612) 546-8972 April 11, 1985 APR 12 1985 EE John Anderson City Administrator City of Shakopee 129 East First Ave. Shakopee, MN 55379 RE: Sewer charges based on water usage Dear Mr. Anderson: At the time the Shakopee plant was built, we had two water meters installed. The small usage meter is for the water that eventually runs in the sewer line. The big usage meter supplies water to our mixer and boiler for steaming the products. This water is not in any way connected to the sewer line. We should not be charged sewer usage on this line. I am detailing the charges which we incurred last year on both meters. Period Small Meter Large Meter Sewer Charge 5/18/84 to 6/19/84 38,000 470,000 (1.16) 588. 12 8/16/84 to 9/21/84 49,000 527,000 (1.16) 665.64 11/15/84 to 12/14/84 42,000 296,000 (1. 16) 394.32 2/14/85 to 3/15/85 20,000 106,000 (1.29) 162.72 149,000 1,399,000 1,810.80 11,548,000 gallons' We paid $1,810.80 on both meters. We should have only been charged $175.44 for the small meter. We therefore have overpaid $1,635.36. We are requesting this refund at this time. A later letter will be forth coming for other overpayments. We trust that you will give this your immediate attention and assist us in obtain- ing refunds. If you have any questions, please advise. Yours truly, ELK RIVER CONCRETE PRODUCTS Richard Klemenhagen 23A DISTRiBUMN LOCATiOINS JET, Sejj;CTS &SE,VERSUPPUES W-TALFANRICATNG PRECISION MACHINING TO: john K. Anderson , City Administrator- FROM: Gregg 'dox1and , Finance Director RE: interfund Transfer DATE: MAy 14, 1485 Introduction & Background The 1985 budget contains a transfer of 1 :8,855 from the General_ Fund to the Community Services Fund. Additionally, the Council has decided to increase that transfer to 141,855. The Community Services Fund is running out of cash to meet its bills because the School District usually does not make its payment until late in the year and the City has . not yet made its transfer. Request that Council approve of the transfer of $40,855 to the Community Services Fund to keep it solvent. Action Requested Move to approve of the Transfer of 140,S55 from the General Fund to the Community Services Fund for the City 's annual contri- bution. ontribution. /e, TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Community Brochures DATE : May 3 , 1985 Introduction• In the past , a number of brochures have been published by the City, or on behalf of the City. These brochures have varied in their scope and cost, and have been prepared by different groups with funding from a variety of sources. I have recently been attempting to coordinate the various interests in developing a unified approach to marketing and providing printed information on the City. Background: A summary of the brochures developed in the recent past is as follows : 1) Community and VoterInformation 32 page brochure prepared by the League of Women Voters and printed at City expense ( earlier versions had some funding outside of the- City Contribution) 2) Shakopee Today 32 page brochure prepared- on contract by the ICC with funding from the City and the Chamber of Commerce. 3) Shakopee: The Good Life Flyer prepared by the ICC with City funding. 4) Tourism flyer Prepared by Chamber of Commerce with support from its members , particularly those in tourist industry . The League ot- Women Voters booklet is now out of print and the City Council has agreed to provide $1000 to assist them in their efforts to republish an updated version. The Jaycees have also agreed to contribute .up to $250 for this project , but the total cost anticipated by the League is $2000 , so they are still short funds necessary to complete the project. The e- League has traditionally provided this booklet to the Welcome Wagon to present to new residents and has distributed it to schools, the library, and at its forums. The ICC has generally produced a brochureto distribute at its Industry and Commerce Day, which is scheduled -to occur in 1985 . The last brochure is now outdated and there are very few copies remaining . An expenditure to update and reprint this brochure is anticipated in the ICC budget. This brochure has also been distributed in response to developers inquiries. The Chamber of Commerce has recently produced a new tourism brochure , and plans to do so each year. This brochure is widely distributed to promote tourism. I have previously expressed an interest in developing a brief publication to market the downtown redevelopment project to potential developers , and the City Planner has expressed an interest in a publication on basic zoning provisions in the City . These brochures have not been budgeted . Given the broad interest in disseminating information to different audiences , I have developed a proposal. to publish a series of brochures which can be distributed individually or together in a folder. This idea has been discussed by the IGC , the League of Women Voters and local realtors and there has been consensus to continue working on this approach if the City Council is supportive. The general scheme is to develop the following materials , with a varying number printed based on the demand for this type of information : Description: I Copies 1) Folder with color photograph 5000 on cover, map inside 2) Voter ' s Guide 2500 3) Community Guide 4000 4) Downtown Redevelopment 1600 5) Industry and Commerce 1600 6) Planning 2000 It is estimated that the number printed would be a 2-3 year supply , but that various components could be reprinted separately as they become outdated or when no more copies are available. The plan is to print a larger volume of brochures , bringing the cost per copy down , and then encouraging broad participation in the production , distribution and funding . The League of Women Voters have agreed to do much of the information collection and writing as their contribution. A number of resi- dential realtors and one industrial, realtor ( Scottland) have agreed to purchase copies of the brochure for their own use , at cost . Therefore it is presumed that bringing in a larger number of uses will provide for broader dissemination of the information at a lower cost per copy. I presume a project of this size would require getting bids or at least a number of formal quotes. However Steve Clay has assisted me in developing a preliminary cost estimate for a project of this scope. The estimate is $11 ,043 , of which there are already first year commitments from realtors to repurchase brochures representing approximately $2425 . The ICC estimates that they would budget approximately $2065 for the brochures they need for Industry and Commerce Day. These two sources alone would use approximately 40%. of the brochures. Assuming additional realtors can be contacted , and that there will be continuing second and third year demand , the City would probably absorb less than 50% of the cost of this project. However , the City is the natural coordinator of this project, and has a vested interest in getting out good materials to those who are selling the Community. If the City Council is generally supportive of this approach, it would be appropriate to authorize an expenditure and extend a formal invitation to other participants. The cost estimates provided do not provide for any consultation on layout or editing, which may be helpful . Requested Action: 1) Authorize expenditure of up to $13 ,000 for development and publication of a series of brochures about the City of Shakopee. 2) Request the Shakopee League of Women Voters to contribute their time and skills in data collection and writing to this project and the funds they have solicited from the Shakopee Jaycees. 3) Request written commitments form realtors to purchase brochures from the City at cost. TO : John K. Anderson , City Administrator FROM: Jeanne Andre, Community Development Director RE: Trail License Agreement - Minnesota Valley Trail DATE : May 17 , 1985 Introduction : The City of Shakopee has been working with the Minnesota Division of Natural Resources (DNR) on the development of the Minnesota Valley trail through Shakopee. Bill Weir of the DNR has now provided a trail license agreement for the City to execute to allow for the construction of the trail in Shakopee. Background: Attached is a copy of the proposed agreement which has been approved as to form by the City Attorney, Julius Coller . Mr . Weir indicated that funds have been appropriated in the 1986 fiscal year ( which begins in July of 1985 ) to start on the project this summer. Therefore the City Council is requested to authorize the execution of the agreement to provide for the trail construction. Although there will probably not be enough funds to construct the trail all the way through Memorial Park this year , for administrative ease the license agreement includes all areas to be developed now or in future years. Alternatives : 1 . Do not adopt agreement and indicated to the DNR the City is no longer interested in this trail project . 2 . Authorize execution of trail license agreement as is. 3 . Authorize exection of trail license agreement with modifications as presented by Council . Recommended Action: Alternative Number 2 . Requested Action: Authorize appropriate City officials to executed a Trail Lease Agreement with the State of Minnesota Department of Natural Resources which provides for the development of the Minneasota Valley Trail in Shakopee . (&r,e,,n c'nit," 1 . (b) 7c make such improvener,:s and es are necessary, converiert , and incidental to the full erioYment ant use of the rights and privileges granted. (c ) To police and control the trail richt-of-way to insure that the public uses the same in an authorized manner. 4. The City shall net construct any buiidings, structures, or other improvements on the leased premises �y without the written concert of the Commissioner of Natural Resources exceppts G' rr�y tiho�r+� �ksFrKoh'or+ �w►provtrrs+n r WCA woM(st sfr•�Y 4w l:&1 i) di i as 1fie 0. .�.oIf 1 wo eA rwse 40 rr'v�'des e hla�e�"`the ri`�rht+ftoTent��";t��on the leased s premises for any lawful purpose provided there is no interference with State's use of the trail . E. The license agreement hereby -granted shall be perpetual , and may be terminated by either party only upon furnishing written notice to the other party at least S years written in advance of the desired terming—_icr date. . t is agreed that the State shall , upor the termination of this 'i ease, et its own cost and expense, as promptly as possible after the effective date cf such termination remove all property and material which iy has under this agreement erected, constructed or placed upon the subject premises. Should the State =ail to so remove the property within 60 days after the termination, then the City shall have the right to place the premises in neat., safe, and proper condition,. C. This agreement and all of the terms an provsions hereof shall esaend te, insure to the benefit and be binding upon the successors and assigns, cf the parties hereto. TRAIL LICENSE AGREEMENT THIS AGREEMENT, made this day of 19 by and between the City of Shakopee of Scott County, Minnesota, hereinafter called the "City" and the State of Minnesota, acting by and throuah the Commissioner of the Department of Natural Resources, hereinafter called the "State, WITNESSETH: HIHEREAS, the State is authorized under Minnesota Statutes Chapter 85.015 to acquire and develop the Minnesota Valley Trail , hereinafter called the "Trail "; and WHEREAS, the Commissioner of Natural Resources has, under Minnesota Statutes S 84.029, subdivision 2, the authority to enter into license agreements for the purposes of and upon the conditions set forth below; and WHEREAS, the State needs property to extend the Trail through the City; and WHEREAS, the City desires to assist in the routing of the Trail and owns or has under its control certain lands that can be used for that purpose; NOW THEREFORE, the City for and in consideration of the covenants and promises made herein, hereby grants to the State the right to cross the hereinafter described lands to develop, operate and maintain a section of the Trail in the City to wit: A strip of land 20' wide and generally parallel to the Minnesota River within the following described property. The specific trail alignment to be by mutual agreement between the City and State. A. From Shumway Street to Sommerville Street on the levee. B. Through Huber Park. C. Across the Bakken property as per easement with Bakken (see Exhibit "A") . C. Through Memorial Park. The purpose and intent of this license is to give the State the right to establish, operate and maintain an all -season., recreational trail for biking, hiking, cross-country skiing and snowmobiling. This agreement shall be subject to the following terms and conditions: 1. The City hereby grants to the State all grasses, shrubs, trees and natural growth now existing on said premises or that may be hereafter planted or grown thereon; and the right to remove and use earth and other materials within the subject parcel of land. 2. The City, for themselves, their heirs and assigns, do hereby release the State, its successors and assigns from all claims for any and all damaaes to the lands through and across which the land granted is located, by reason of the rights herein granted. 3. The State shall have the right: (a) To post such signs and posters along the subject premises deemed necessary and suitable to delineate the trail lands and locate the same for trail use; and -2- CA (b) To make such improvements and installations,u� ,.,ns a.s are necessary, convenient, and incidental to the full enjoyment and use of the rights and privileges granted. (c) To police and control the trail right-of-way to insure that the public uses the same in an authorized manner. 4. The City shall not construct any buildings, structures, or other improvements on the leased premises, or cut any trees or remove any vegetation from the trail , without the written consent of the Commissioner of Natural Resources. 5. The City shall have the right to enter upon the leased premises for any lawful purpose provided there is no interference with State's use of the trail . E. The license agreement hereby granted shall be perpetual , and may be terminated by either party only upon furnishing written notice to the other party at least 5 years written in advance of the desired _ termination date. 7. It is agreed that the State shall , upon the termination of this lease, at its own cost and expense, as promptly as possible after the effective date of such termination remove all property and material which it has under this agreement erected, constructed or placed upon the subject premises. Should the State fail to so remove the property within 60 days after the termination, then the City shall have the right to plac-e the premises in neat, safe, and proper condition. `,cel-ffs an prove sl ons hereof shall extend to, insure -to the benefit and be binding upon the successors and assigns, of the parties hereto. Vt5 InbEnturc. .,lade this.................. _........ .........day of ...... ................19.2r I' between ...........:.ShakO'.e CO�zlryside._.Recreation_Center...sSoCia.tes.j....a_N:izulAsOta... Per.t-Sp of the Count oScOtt..................................... ._....... And State o .......................... !`linnesota,................... ...... _........ a_ part ...... y... of the first part, and ............. City ... of..Shakopee.,...a..nnicipal... corporation................................ - ----------------------------•-....................... ecx=p xkax under the laws of.�Nic State of......minnesota........................ ..................... , party of the second part, ifilco.5c1lj, That the said part........... of the first part, in consid!-ra.tion of ihl-. st;.,n of I ...One -dollar -and ..other. ... good ... and...ualuable... consideration .... (.,r,1 G)-.-.------.-.----.-nOl.L✓lltS, .......... to ........ .. .. it ......................................in hand pawl by the said party of the second part, the receipt whereof is hereby ackrwwled.e(l, do...c.S.... hereky Grant, Lareain, Quitclaim, and-.Cont;c;; unto the said party of the second part, its successors antl assigns, Forever, all the tract...... or parcel...... of land lying and bei.n.1 in the County of.........................::Qtt......................................... a.n.(l Statc of .41innesota, described as follorc,, to -wit: Easements as hereinafter set forth over c-md across real property legally described in Exhibit "A" attached hereto and incorporated herein by re- ference. An _easement; over-and-across...the�North_..100 .-feet,,of .the above 'tesczibed - property Ids . purposes of"establishing a trail7i�_parf-of the Minnesota State Trail System; provided, however, that at such time as said trail is specifically located then said easertent shall be limited to the width of the trail as then described. 2. An easenent 30 feet in width over and across the above described property for purposes of access to the trail referred to in paragraph 1 above. Said access shall be limited to the same uses established for the trail from time to time by applicable governmental agencies. 3. A roadway easement 30 feet in width over and across the - above described property for purposes of public vehicular and pedestrian ingress and egress to and frau city owned property lying easterly of the above described property. 4. An easement 30 .feet in width over and across the above - described property for purposes of transporting farm. equipment to and frau certain tillable acreage a•vmed by the City zuid lying Northeasterly of the abovc described prof arty. All easements described above are granted subject to the folloairg con- ditions: a. The City shall pay all costs, expenses and fees incurred in connection with said easements including but not limited to.the following: 1) Locating the easements, including survey fees. 2) Constructing all improvements on said.easerents, and 3) Maintaining said improvements b. The City shall locate, -construct, and maintain said ease- ments and improvements thereto in such a manner so as toy interfere minumally with any private business enterprise hereafter conducted on the above described property. Lro 3LO)abe and to 31)01b N)c �bzmc, To.,ether reith, ielL the h orcclitammis and a7)ni67•t nanccs there- ujito kelonai?a.6 or in anywise, appertain.ing, to Ilia sriil party of the second part, its s)crcessors and assi""ns, Forcvcr. In Lcstimo�ip ��i�crrof, Tl,c swirl part y...... of fire •ii sG �i�ci �'ha S....:. kcrcti.it'1'u Sri ; :. its J�rr.u�l i.I►r dny (-incl i/ray fW.Vt rzl,nrr It.—HUcn. ; rt� ' f t: j ShakopeeiPC&nr tside Recreation (Center - - - Asso?'"_iA �?., Y�{•rr r•T-1 :- •.\i.:rl. rr♦4tiu ►t.f By: Wallace D. Bakken, a partner `lam [.:....................................... ....... ......... ./.�.,. j Paul Holtz, a partner ! .............. ........ ... ...................................................... - brarc of --fflftmtSra, Al, county of......:a'o'"1'._...... _. _..._._._. ........... _ 77,.e forl•.4oiN.t i,ISjr„wo-Pit. IFIff u11,'n�r11l1�%,�! befurvr my this .._.............. d1,J of............. _September ......... _......... . 19. 80. Shakopee Countryside Recreation Cente: Associates, a Minnesota partnership, l,.V waI a e.. Tx. Bakken. and.. Paul... Rol i,--z, pzrtner, (tl(:(•j. 'f`I ✓)'R �rRN TA/:1\C /`n rK!vuwrJiuGpiLN [) ................................... ..... TN15 INSTRUMENT WAS DRAFTED BY JOHfbl`S11 MAKAHAN John M. Manahan, Attorney at Law v"1•r, MTARY PUBLIC - 1.IINNESOTA J 1221 East Fourth Aven&"") r C ion ECO N iQ 1 ... NN/NNI Shakopee, M 55--)79—.'- Z 5379 jAddrtss) ' I i 1 i - i . C L O Cz4(•� ,i v, h E+�� U 1 ° 1 I� Z i C ID o _ _ D� I \ E?0?IDIT „A., That part of Government Lots 4 and 5, Section 6, Te:rnship 115, Range 22, Scott County, Minnesota, described as follooas: Comrtencin; at the irrt(•rsection of the northerl;' rir,ht.-r,f-►ray ling :,f r_:Cr;it Nigh►:ay No. 101 C-nd the southerly extension ! .' ;ire ►„ �,t 1 ine of :, irf ',v• rrr:a:r. I.ot .5; thence on an r:ssumed gearing of North 19 df-,(ji-ovs 17 ruinutc:. ",1 East along said northerly right-of-way line 270.79feet; thence .':;,, Li, lU dee re 36 minutes 13 seconds I,est 294.60 feet; tilenc,e Nlr)rth 79 degrees 2.3 ;.Anutes 47 seconds East 160.00 feet; thence• North 9 degree, 36 minutes 05 secol.ds .t -lest .to the intersection with a line drawn bortheaster 1, parallel With 4 -aid northerly right -of -tray of State Highway No. 101, from Ov! iiorthea%t corner of 1:1",i_0 FIPST ADDITION, acurding to the recorded platthereof; Mid inLersc•ctinn ;.Fina the point of beginning of the landto be dCSet'il•c•(i; Lhence North 79 dc•:;rr:es 17 minutes 51 seconds Fast, parallel with said nnrtherly right -;,f -►;;,y line to the intersection with a line described as follo►•:s; Corrunencing at a point which is 1610.00 fret easterly of the cast lime of Naunikeag Street, as measured along the center line of First StrEet in Shakopee projected northeasterly, and also 75.00 feet nort'hwr-sterly, as measured at right angles from said center line; thence northerly, Parallel with said Haumkeag Street a distance of 310.00 feet; thence _westerly and parallel with said First Street a distance of I0.f10 feet to the point of beginning of the line to be described; thence southerly "and -parallel with said Naumkeag Street ;: distance (if 3l:l;l}(,' fr•r•t ,,nd there tempi na t. i nq. •;::ence Nc.th 11 de';rets 03 .minutes 07 secor%d:; :•:est along the last t: -ire.'. lir. to ti:e point of boyinriing of said line;- thc!nc:c Nu_'th 79 de:;rees 17`minutc:: 51 seconds East parallel with said First Street to a line 73.00 feet westerly of a. parallel with the east line of said Government Lot 5; thence North 0 degrees, 1 minutes 51 seconds East, parallel with said east line 63.30 feet; thence North 71, degrees 57 minutes 51 seconds East 7G.05 feet to the east _line of said Governrent Lot 5; thence North 0 degrees 10 m.iriutes 51 seconds East alonrj said east: line to the waters edge of the'Minnesota River; thence -westerly :long said waters edge to the .intersection with a line described as fol lo:.•s: Coru:iencing at a point on the east line of previously menLjoned Street 869.00 feet northerly of the southwest corner of $lock 31, East Shlkopee, Aiinnesota, according to the recorded plat thereof; Lh(•i,ce North 79 degrees 17 minutes 51 seconds East, parallel with tii(, 1;rc*-vicru ly mentioned First Street 601.20 feet to the ►mint of heginninc; ( t;,L line to -be described; thence North. 11 degrees 03 minutes 07 secnn& I:tst, parallel with said itiaumkeag Street to the ::titers edge: of said linr<<,ota River and there terminating. Thence South 11 decrees 03 i6nutes 07 seconds East along the ?st.descrihod lin to the point of beginning of sair; line; thence South 51 degrees 41 r:inutes 07 seconds East to the intersection with a line 100.00 feet westerly of Arid paroll with the east line of said Government Lot 4; thence South 0dem-ecs- 04 r:!i nu.cs 06 seconds Ilest along said parallel line to the corthrrest come!' Of HTL 0 FIRST ADDITION, according to the recorded plat thcr(,of ; thence Sout', '62, dec:rces 20 nUtCS 48 Seconds La,t PIong the nortIlea stfrIy lint.? of sal(i' l;ia�l Flt:r,T f.r)P tc: O,c: iriLertvc:ion %..ith a line descrilrcc: .�. ft:liu::s. Cclnnencing at -the intersection of the northerly right-of-way line of State Highway 101 and the southerly extension of the west line of said Government Lot 5; thence North 79 degrees 17 minutes 51 seconds East, along said Northerly right-of-way line, 270.79 feet; thence North 10 degrees 36 minutes 13 seconds iffiest 294.60 feet; thence North 79 degrees 23 minutes 47 seconds East 160.00 feet; thence North 9 degrees 36 minutes 05 seconds West 300.00 feet; thence South 81 degrees 45 ninutes 03 seconds West 365.00 feet to the point of beginning of the line to be described; thence South 6 -degrees 35 minutes 19 seconds iffiest to the northeasterly line of said HALO FIRST.ADDITION and there terminating. t hence North 6 de ,.;revs 35 ini nutes 19 ,econd-, f .is z al ony the l a,,t I i r.c: r ,.,..,,..,,,..,, of-c,ir l inA thrnrr :::, th ill rirar(res ti , t:Slrnitr t t1, nrn Excepting therefran That part of Govermnient Lots 4 and 5, Section 6, Taanship 115, Range 22, Scott County, Minnesota, described as follo:as: ,, :.• .c „c i n: the intersection of the r,ci:: •:;•r j , ,: i y),wt,y is r ► - :ir;.-c;.f-i•r:y life „+ �,i t c l �i %r)ut u:rl ,; t,. .,:V, y crtc•,r..inn (if , � t•,r;t lint: of :.;it; Cuvern,nent Lot 5; tht:ncc• o,t bearing of i.,orth ?^ ..r.rt,rt.es 11 minutes 51 seconds last along, saio r,r�► tr,r►-1; right -of -xray ? 0 �_ 1 i nr: / J9 feet• Lftence 'tn 0 d i•. :rirtutes 1.,, .f�;r:%c.- ::c�i 294:60 feet. Lhr•rit,• Gr�►•Lh %9�dC•rtret, ;t h' 1 tUre( c•c(:nd East l60 -1,k r thence North r}r•c Xnutes 13 ,utc�5 41 :he intersection wi,L r a. line drawn northr�a',tc.-rly, parallel ti:ittt .05 '-f-conds t to ri(llrt-Of-►�i, n` ;,t;:Ce iiir;hr:ay No. 101, frn: f s''id r,orLher'ly to northeast cornL•r of iiAL0 FIRST ; )1'1' 10N, according to the; recorded plat thr�rcof, said interaction bein poinj of-hec:inninc (if Litt bind to he dvm ri;rr �: c c the (�ce;nd d: Lh, net' t,m'Lh ! ,,;inut( feet; thence north J�j r:r•,rrt's 17 cniml'' f ;r.:r,�llel to said r,o, r l ••econds East. t rerl� right-of-way line northerl-r. lensi n o of alit .i:scri:,r•d a�. follct::,.: y v:h i c h is 1610 17:1 fe^t tt�rly of tilt! '_a.t li,lc• Of Sirrlet. a; measured along the: cc:ntc�r line of first `•hakc�pee i)rc.;c•rtv.,j northeasterly, Street in arid ,rl�.o 7S.OA feeL nort),,vit_',Lc,,I., A', measured at riolt angles from said center line; thence norLher•ly, ,.,r,:llc1 rrith said ::durlie+ic - Street a dist.,nfe of 310.{)0 i►_t=t Lhcnce t(:rIy -and paraI1,:l -tri th said Fi rs ' t Strc:cit a distw�ce of 180.00 feet tu tt�e ;,Dint of !:ec;inninc; of tiic line to 1,_ di r'.,=} •'.'.to11L'1 .:r t)! .,ild I:,iU%°t}:C•i,(i SLreC't i1 Cil-. •''Crl))ed^ tllr.!►Ci �.Outr�•r'ly .,u re , of )0.00 Thence ;(.utl: 11 deme?S 0 minutes OJ senor.O% t alc,rrc the last d ,� e Lest and i_ . north rly extension to the interscctiun with 1 L�cribtd line saic? .;,,,•_,,t•rIy i -o` -►:a, ►t t a 1 int dr,...n }la, al lc l with rir;.. of State Highway „r;. 101 from said of:;,.:1;� to he ��•�.crii�c�.d; thence Soutt•� 9 Point of tc�c•inninc J dc•+rrt,c�s ] J minutes 51 seconds along •;,i,; ,��r,�l]el 1 iI-V tc: said }point of t)eginnino. Page 2 of 2 13 TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Work Overload in Community Development Dept. DATE: May 16, 1985 It has become clear that there is a work overload situation in the Community Development Department, especially in the Planning area. I want to inform the City Council of the current unanticipated overtime being expended, ways the department proposes to cope with this issue, and seek authorization for additional funds to handle the increased work load. In the Community Development Department it has been mutually agreed that the staff would avoid overtime pay when possible by taking compensatory time, holding the time, and saving that time to use when the work load levels off. However this has recently broken down because the Planner has the maximum comp time banked and the work load is not leveling off, but rather increasing. Since I perceive that this situation will continue at least through the summer, I wish to present this issue to the Council and work at solutions which will have the most positive impact on the department at the lowest cost possible. Numerous approaches have been discussed including: 1) delaying some projects until time is available this has been done already but time is less available and important projects such as the sanitary sewer amendment, downtown design standards and revisions to the animal sections of the. City code need to be addressed. Somehow current inquiries and cases going to the Planning Commission have a time element that takes presidence; 2) hiring planning consultants - this option is expensive, doesn't help with day to day work levels, and potentially takes some of the larger projects with ongoing impact out of the control of local staff; 3) hiring a six month intern - interns need supervision and the training that is invested in them is lost when they leave; 4) encouraging the Community Development Secretary to take on additional planning tasks including handling preliminary inquiries and initial screening of building permits for conformance with zoning provisions. This is the preferred alternative, because the training that occurs will have ongoing benefit, but has the problem that the secretary's time is completely filled with her current work load, allowing no time for these additional duties. Therefore I would propose that we solicit additional secretarial help with certain tasks that do not involve a significant level of training. Inquiries have been made to determine if any existing part-time clerical staff members in City Hall would consider working additional hours to take on some of the Community Development workload. There has been no positive response, so the next proposed alternative is to use a temporary service and hire additional secretarial help for an average of 10 hours per week. Valley Temporary, the new service in town, has indicated it could probably make such a placement at a net cost to the City of $6.06 per hour. However even if this alternative is pursued, I estimate that the City Planner will need to work an average of 5 hours per week overtime for the rest of the summer. Alternatives: 1) Do nothing, provide no further appropriations and deliver a lower level of planning services. This would be bad for moral and create a poor community image. 2) Authorize the City Planner to spend approximately 10 hours per week overtime for 18 weeks, which when combined with already expended overtime would cost approximately $3,100. This option would not be the most productive or satisfying to staff, and would deliver services at a somewhat higher cost. (Total cost: $3,100) 3) Hire additional part-time secretarial help through a temporary service for an average of 10 hours a week for 18 weeks and authorize the City Planner to expend up to 5 hours per week overtime for 18 weeks to get the department through its peak period. This option would provide $1,100 for part-time temporary personnel and authorize approximately $1,700 for permanant full-time overtime already expended or anticipated for an additional 18 weeks. This is the best approach but provides the minimum level of production needed. (Total cost: $2,800) 4) Hire additional part-time help through a temporary service for an average of 10 hours per week for the rest of the year and authorize the City Planner to expend up to 5 hours per week overtime for an 18 week period. This option would cost only $800 more than option number three, and would allow the department 'to get into better overall position related to its future work load. (Total cost: $3,600) Recommended Action: Alternative No. 4. 1) Authorize additions to the Community Development budget of $1,900 for professional services (for temporary part-time secretarial help) and $1,700 for permanent full-time overtime. 2) Direct staff to solicit professional services for the Community Development Department through a temporary service at a cost not to exceed $1,900. �h TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Downtown Parking Regulations DATE: May 17, 1985 At its May 24, 1983, meeting the City Council referred the attached memo to the Downtown Committee for comments and recommendations. The Downtown Committee did not meet in the summer of 1983 and subsequent changes in City staff led to the failure in directing Council's action to the Downtown Committee. The Downtown Committee did review this issue at its May 8, 1985, meeting and adopted the following motion: Stillman/Forbord moved to accept the recommendation to extend the 2 A.M. to 6 A.M. winter parking restriction in the Central Business District to a year round basis, with the exception of Sommerville north of Second Avenue. Motion carried. .Recommended Action: The City Council may wish to discuss this issue again, and if it concurs with the Downtown Committee, follow the original alternative number one, with modification of the exception: Refer Ordinance #107 to the City Attorney for modification to extend parking restrictions in the CBD on a year round basis with the exception of Sommerville north of Second Avenue. tw Memo To: John K. Anderson, City Administrator From: Jim Karkanen, Public Works Dept. Tom Brownell, Police Dept. Subject: Winter Calendar Parking Reviewal and Proposed Parking Regulations in CBD. Date: May 12, 1983 Background The Police Department and the Public Works Department would both like to express their appreciation to Administration and the Common Council for their support of the newly implemented Calendar Parking ordinance designed to regulate residential parking during the winter months.. The past winter was very difficult to fully assess the effects of the parking regulation because the majority of the snowfalls we received were not of the normal variety, but it did give us enough exposure to see some merit in this type of parking regulation. We realize that there was constituental pressure to the Council members for exceptions or repeal of the ordinance, and we would.like them to know that we do appreciate their continued support of the ordinance. The 2 a.m. to 6 a.m. parking ban in the Central Business District 'during the winter months has shown that a continuance of this ban could benefit our depart- ments for the following reasons: 1. The Police Dept. has found that "suspicious" vehicles are easier to identify in the CBD when no vehicles are permitted to park in this area between 2 and 6 a.m. 2. The downtown apartment residents get into the habit of using the city parking lots for overnight parking when it is mandatory all year. There seems to be a high turnover rate for these apartments, and it is easier to get them used to the idea of using the lots when it is posted all the time. 3. The Public Works Dept. has found that street maintenance and sweeper operations have to be conducted very early in the morning before traffic starts using these streets, and it is very helpful to have the curbs clear of parked vehicles during these operations. If the sweeper has to drive around parked vehicles, this involves some handwork to clean the curb, and when the vehicles leaves the area, it leaves an area that must be reswept later. The CBD area affected by this parking ban is identified as: 2nd Ave.. 1st Ave.. and Levee Drive between Sommervill St. and Fuller -St.. Fuller. Holmes. and Lewis between Levee Drive and 2nd Ave.. Sommerville St. between 1st and 2nd Ave. (No restriction is needed North of 1st Ave.. on Sommerville). It must be noted that the proposed parking restrictions may cause some problems at McGovern's Garage on Sommerville, and in front of the hotel on 2nd Ave. Page 2 Alternatives 1. Refer Ordinance X1107 to City Attorney for modification to extend parking restrictions in the CBD on a year round basis. a. Exception - Sommerville north of 1st Ave. 2. Allow Ord. X1107 to remain "as is" with parking ban in CBD from Nov. 15th to April 1st only. 3. Remove all parking restriction in CBD. Recommendation Alternative 1 and la. Refer Ord. X1107 to City Attorney for modification to ban parking in CBD area on a year round basis. This area is identified as: 2nd Ave., 1st Ave., and Levee Drive between Sommerville St. and Fuller St. Fuller, Holmes and Lewis, and Sommerville Streets between Levee Dr. and 2nd Ave. (Exempting Sommerville St. north of 1st Ave.) JK:mmr MEMO TO: Mayor, Councilmembers 9A FROM: Tom Brownell, Chief of Police RE: Code Enforcement Position DATE: May 14, 1985 Introduction: Staff has been attempting to fill the part-time position of Code Enforcement Officer funded by a program provided by Scott County. Background: We have not been able to find a person interested in the position whose income does not exceed the maximum standards for the program which is $6,500.00 for a single person and $8.013.00 for a person with dependents. As you will recall, the person must also be at least 55 years of age. Staff has developed a job description for the position and believes the program would be beneficial to the City, whereby we would have an ongoing program of compliance. Alternatives: 1. Hire a part-time Code Enforcement Officer. 2. Maintain the present enforcement with various departments conducting enforce when time is available. Recommendation: Hire a person on a part-time basis to enforce City Code viola- tions,as detailed in the job description,with the following terms as a pilot program for evaluation during 1985: 1. The person must be at least 55 years of age. 2. Must have a valid Minnesota Drivers License. 3. Be available to work twenty-five hours per week. 4. Seasonal position to terminate November 1. 5. Salary $5.00 per hour. 6. Workmen Compensation (cost approx. $75.00)- 7. City to provide vehicle. The cost of the program is $3,000. The Finance Director recommends a transfer of funds from contingency within the general fund. It is difficult to estimate fine monies generated by this position to justify funding. Council Action Requested: Authorize staff to hire a part-time Code Enforcement Officer for 1985, to be funded from the Contingency Fund at a cost not to exceed $3,000. TB:cah 9 - MEMO TO: Council FROM: LeRoy Houser, Building Official RE: Pool Improvement DATE: May 15, 1985 Introduction: George Muenchow would like to have the pool house painted so the pool buildings and new slide complement each other. The cost is estimated at $1,050 for paint and labor. I asked Jim Karkanen if they had the manpower to do the work and he said they were too busy. He also said the last time the pool house was painted was three years ago. Also, it was requested that an awning or shade screen be erected above the concession window on the south side of the building. The purpose is twofold, 1) to keep the sun out of the concession area and 2) keep the rainwater out of the area. It is estimated the maximum cost of this will be $500.00. Alternatives: 1. Do the work as stated above. 2. Don't do the requested work. Recommendation: Alternative number one.- do the requested work. Action Requested:. Authorize the painting of the pool buildings for the estimated cost of $1,050.00, and purchase an awning or shade screen for the concession window at an estimated cost of $500.00, and direct finance to make the money available from the General Fund Contingencies. LH:cah MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Intern RE: Racetrack Transit (Informational) DATE: May 15, 1985 On March 5, 1985 City staff attended a joint meeting with representatives from the following organizations and governmental bodies: Regional Transit Board, Metropolitan Transit Commission (MTC), Racetrack Commission, Minnesota Department of Transportation and Canterbury Downs. The purpose of the meeting was to discuss the issue of providing transportation to the racetrack. Because of Shakopee's opt -out status, the MTC cannot provide public transportation to our community. Regardless of our current status, it is very unlikely that the MTC would have provided transportation to our community had we not opted out. With our current transportation program we do have the capability to operate reverse van pools to any location in the metropolitan area. That is, van pools originating in communities other than Shakopee which bring passengers to Shakopee work sites, shopping centers and/or recreational areas. The program operates in the same way as our regular van pool program. It is this program that staff proposed to the individuals in attendance at the March 5th meeting for the provision of transit service for racetrack employees. Shakopee is not offering anything more than what it offers to every other employer in Shakopee. Attached is a letter which explains our reverse van pool program. This letter was given to every race track applicant. Representatives were very satisfied with Shakopee's proposal for making transportation available to race track employees. At the present time I have received 15 inquiries in regard to this program from potential race track employees. Five confirmed (hired) employees have stated that they are interested in joining a van pool. In the next month I_expect this number to increase significantly. If work hours and passenger locations are such that a van pool can not be formed I will try to coordinate carpools. At the March 5th -meeting, Canterbury Downs was advised to prepare a plan for providing transit to the track for their patrons. On May 14, 1985 representatives from the various organi- zations again met to -hear what progress had been made i -n regard to this issue. Canterbury Downs officials stated that they were pursuing non -subsidized fixed route charter service with private operators in the metropolitan area. They hope to accomodate 4% of their patrons through the program they are designing. At this time they have not selected the operators or the routes for their transit -program. tw AT'TENT 2 ON SHAKOPEE AREA TRANSIT POTENTIAL CANTERBURY DOWNS EMPLOYEES * * * Non -Shakopee Residents * * * The City of Shakopee is interested in starting several van pools to Canterbury Downs. If you are currently living outside the Shakopee City limits and are planning to drive to work alone or carpool,this program may be for you! The City of Shakopee will assist Canterbury Downs employees in forming van pools to your work site. The City will provide 12 and 15 passenger vans to Canterbury Downs employees who are interested in this program. Each van pool established will be driven by a volunteer driver. The volunteer driver is responsible for picking up the riders in his/her van pool group and collecting fares. In return for this service the driver rides free and receives 150 miles of free personal use of the van. Regular van pool riders pay by the week - $12.50 or by the month - $47.50. Back-up drivers receive a.25o discount of.the normal fare. Remember, a van pool can be created for any shift from any location - Minneapolis, Burnsville, Bloomington, Belle Plaine - you name it! If you are interested in this unique opportunity, please call Barry Stock at 445-3650. * * * Shakopee Residents * * * The City of Shakopee also has a transportation alternative for you! If you live within the Shakopee City Limits you can get a ride to work for as little as.52.00 a day on either a regular or occassional basis by calling Dial -A -Ride at 445-9040. INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - 5nakooee, Minnesota 55379-1c76 (612) 445-3650 MEMO TO: Jahn K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: Tahpah Rank Sewer and Water Service DATE: May 13, 1985 INTRODUCTION: Attached is Partial Estimate Voucher No. 5, the Semi -Final Estimate for this project. BACKGROUND: The Contractor has reviewed the attached semi-final estimate and aunees that the totals represent the final contract amounts. The final tofa1 contract amount, $52,342.51, is $380,00 under the total of the original contract amount, plus authorized change orders. The amount retained, $500.00, will be released as final payment when all "punch -list" work is accomplished. ACTION REQUESTED: A motion to authorize payment of Semi -Final Estimate No. 5 to T & S Excavating, Inc. inn'the amount of $33,654.61. r l , ApOnbved for Submittal 'H. R. SPU' rier. City Engineer^ FS/pmp ESTIMATE SEMI -FI NAL Contract No. 1984-3 Partial Estimate Voucher .':o. 5 Period EndinE, : December 31 , 1 984 TO: Contractor —T & S Excavating, Inc. Address 2044 Chambers Street, St. Paul, NIN 55109 Project Description Tahpah Park Sewer & Water Service I. Original Contract Amount 2. Change Order No. 1 3. Total Funds Encumbered 4. Value of Work Completed 5. Percent Retainage 6. Previous Payments 7. Deductions or Charges 8. Total Payment Due (Line 4 - Line 8) Thru No. 3 52, 342. 51 500. 00 48, 187. 90 4 -0- $ 48, 687. 90 48, 570. 50 4,152.01 w _ 52. 722. 51 Value of Work Remaining $ -0- Percent Complete $ 3,654.61 CERTIFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work shown herein is a fair estimate of the work completed to date. CONTRACTOR: BY: TITT r 1.W DATE: APPRO I� City X' CITY OF SH KOPEE iner /Date inistrator L to A T aM C 3 ° CL i� m N � � L o o I o ft to � C w � w rtiU Noy c � n m J Lo in ;3 ti O r0 N ,o e Nj I I t I t �� ► I I I i t I� I j l i c a 3 m '^ o iA z SIN SN .. lo � ,- � a 3 m '^ o iA z 0 !a ,v .. lo � ,- � CT -r QF- �H�KO1Paa ---... _ _._ _... _.__._.. _ - .. INCORPORATED 1870 * ENGINEEF.ING DEPAP.TMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Andersson, City Adm i n i st rat or FROM: Fulton Schleisman, Engineering Inspector- SUBJECT: nspectorSUBJECT: Acquisition of Trunk Highway 101 Bvpass Right-cf-Way DATE: May 17, 1985 INTRODUCTION: The lean application process for Parcel No. 7 requires Council act i on. BACKGROUND: On May 9, 1985 the Metropolitan Council approved Shakopee's preliminary application fon a right-of-way reservation loan (Pa --cel No. 713 14 acres of land south of Minnesota Valley 5th Addition). The next step is to select an appraiser for that parcel. Be- cause the estimated value of the property exceeds T,1001,0001-00, two appraisals from a list of Mn/DOT approved appraisers, is required. ACTION REQUESTED: A motion to direct staff to request proposals for the appraisal of Parcel No. 7 in the Trunk �, ii!�Lt)wav 101 Bypass Right -of -Way. p ovd for Submittal R. ;Sp irr i er, City Eng i neer FS/prop APPRAIS CITY_ C, F- AKCGF'�� INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - S,akopee. hinnesota 55374-1376 (612) 445-3650 MEMO TO: John K. Andersen, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: T. H. 101 I rnt ersect i ori Improvement, Project No. 1384-8 DATE: May 17, 1385 INTRODUCTION: Attached is Change Order No. for the above project. Background: This Change Order prov i des for a catch basin at T. H. 101 and Valley Park Drive as shown on the attached plan sheet. ACTION REQUESTED: A motion to authorize proper City officials to execute Change Order No. increasing the Contract amount by $3,2198.001) with no change in the completion date. ` Apps- �vedjc�r Submittal H. R.purr er, City Eng i neer RR/pmp CHOR##E Change Order No.: 2 Date: AAg;z 13, 1985 CHANGE ORDER Project Name Contract No. Original Contract Amount Change Order(s) No. -- thru No. 1 Total Funds Encumbered Prior to Change Order Description of Work to be (Added/rXk3k): T.H. 101 Intersection Improvements 1984-8 $ 358, 830. 16 '7711 10 $ 359, 604.34 Saw Cutting and removal of existing pavement shall be incidental to Plant - mixed Bituminous Patch (2341) . Installation of an enclosed storm drainage system at the south right turn island of the State Trunk Highway 101 and Valley Park Drive intersection, in accordance with the attached 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/(XXX X06 ) by $ 3,298.00 The number of calendar days for completion shall be (increased/decreased) by -0- Original Contract Amount Change Order(s) No. 1 thru 2 Total Funds Encumbered Completion Date: June 28, 1985 T 358, 830. 16 $ 4,072.18 $ 362, 902. 34 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. EEVIEWED: By: of Shakopee Mayor Date City Administrator City Clerk Date Dat e Shakopee Public Utilities Commission :c Manager Date Approved.as to form this City Attorney day of 19 I Ak__,1 TOTAL: $2673.00 625.00 $3298.00 S.T.H. 101 CONSTRUCTION Change Order No. Cost Scheouie ITEM NO. CONTRACT ITEM UNITS DUANTITY UNIT PRICE TOTALS 2341. Plant -Mixed L.S. 1 $625.00 $ 625.00 Bituminous patch 2505. 511 12" R. C. pipe Sewer L. F. 74 24.00 1776.00 2503. 573 Install 12" R. C. Ea. 1 160.00 160.00 Pipe Aprons 2506.507 Construct Catch Ea. 1 625.00 625.00 Basins (Design"H") 2511.501 Random Rip Rap C. Y. 1.7 50.00 85.00 (Class A) 2511.511 Granular Filter C. Y. 0.9 30.00 27.00 TOTAL: $2673.00 625.00 $3298.00 OI 0 z I RI I awm � C)o D azo LL 0 Li U Q I� I N C- C) M W w m I I I z a Er Li m _z3 I� cr cn Im m w UJ m c� a T Q + Q J N F- Li H--- W Q � Z p Ui 0� T z v/ m T I W Cl) m— I a Er Li m a� - N Im I w W CD CLO + Q J N F- Li LLJ tT LLJ co 0� T z v/ m T I W Cl) Cl- I W U I �O LJ W t— W= ouzo �aQ wM �m U Op CL I WY � C cr Li Li z a- Lr) a 0 J z U O0 C Q Q OV a U _ cr) LLJo-D�:= M U Y H oQoz zzcn Cf) LyLJ �cnWIZ a�LiQEr>- a Cf) C) wmL)QL) iU) N v N �- � c + - N Im I I IQ Li I F - JI 10 IO L) I W I Cl- I W uj Z I Ir O WClj� W t— W= ouzo �W�} wM �m (I) O c�W J C O Lo co O, x w I J m Q I W W z �9iz I wa Li I x - c� Lj�, I I I I w I \ — - II � II r N II �- 0 J z U O0 C Q Q OV a U _ cr) LLJo-D�:= M U Y H oQoz zzcn Cf) LyLJ �cnWIZ a�LiQEr>- a Cf) C) wmL)QL) iU) N I� J Im I I IQ Li I F - JI 10 IO JI I Cl- I W uj Z I Ir O WClj� W t— W= ouzo �W�} wM �m HOD O c�W J O Lo co wv=z > o I J m Q I z I T Y CD F .._...._�.�_�_K4,__F'.a_a _. INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Andersen, City Administrator FROM: Fulton Schleisman, Engineering Inspector - SUBJECT: Shenandoah Drive Street Construction, Change Order No. 5 and Partial Estimate Vouchen No. 4 DATE: May 17, 1985 INTRODUCTION: Two items which make up Change Order No. 51Y and Partial Estimate Voucher No. 41Y require Counci 1 approval. BACKGROUND: Change Order No. 5 Pant A: Work at the intersection of Fourth Avenue and Shenandoah Drive was to be included with the upcoming Fourth Avenue project. However, because of the need for a completed Shenandoah Drive thoroughfare for- the Racetrack opening, it became necessary to add this re -grading and paving work to the Shenandoah Drive project. The negotiated lump sum extra cost for mobilization, bitu- minous removal and disposal, warning devices and flagmen, and working in a confined, traveled area not anticipated on this project is: $2-, 2,00. 00. Part B: The bituminous section for this project consists of two (2) - 2" layers of bituminous. A coating Of emulsified asphalt, which is typically applied to the base lift of bituminous pavement prior to oven- laying, ver- 1aying, was not anticipated on this pro f ect because it was expected that the pavement courses would be placed consecutively this spring. Therefore, the emulsified asphalt ("Bituminous Tack. Cc -at") was not included as a centnact item. Shenandoah Street C-c-inst. May 17, 1985 Page .= because of favorable weather and accelerated c,_.nst rLect i ,=.r, Progress, the base b i t um i n-Dus OC-urse was 'Placed 1ast fail . The time lapse between courses, then dicta -ted that a "Tack Coat" be applied. The sub -contractor agreed to apply this material at the same cost as the unit bid price On the 12th Avenue Valley Park_ Dr-ive Project. Estimated 720 Gal. @ s i . 00/ va i . _ S 720.00 Total Part A $ 220. 00 Total Part B S 720. 00 TOTAL CHANCE ORDER NO. 5 $2, 52. ACTION REQUESTED: A motion to authorize proper City Officials to execute Change Order No. S for Shenandoah Drive Street Construction increasing the contract amount by $2, 920. 00 to $246, 852. 30. A motion to authorize payment of partial Estimate No. 4 for - Shenandoah carShenandoah Drive Street C_nstr^Luct i On in the amount of $3,6,586.30 to Buesing BrothersT ruc irig, Inc. AP13r- Yie for Submittal H. R. Spu r i er, City Eng i neer FS/pmp ESTCHO CHAINGE ORDER Change Order No.: 5 Date: May 16, 1985 Original Contract Amount Change Order(s) No. 1 thru No. 4 Project Name: Shenandoah Drive Street Construction Contract No.: 1984-4 Total Funds Encumbered Prior to Change Order Description of Work to be (Added/]-iK-*XX: $ 237, 972. 30 $ 6,000.00 $ 243, 972.30 A. Add work at the intersection of Shenandoah Drive and 4th Avenue. Lump Sum $2,200.00 B. Add item Bituminous :Material for Tack Coat Esggtinate 720 gallons @ $1.00/nal. _ $720.00 The above described work shall be incorporated in2t e0Co0ntract, 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)KX-Xs*) by $ 2,920.00 The number of calendar days for completion shall be (increased/decreased) by -0- Original Contract Amount $ 237,972.30 Change Order(s) No. 1 thru 5 $ 8,920.00 Total Funds Encumbered $ 246.892.30 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. Contrac'tc 7y' �z,/% _��>• Title. Date -/.L - S REC OMNIEIV'DED : it',;Li�EnaILneer APPROVED: `3City of Shakopee By. Date Mayor Date Approved as to form this day of it s— �9 ity dmi 'strator batel City Clerk Date City Attorney Wil• r. -l: Contract No. 1984-4 Partial Isl-J=te ,ouches 4 r�r_ou �ndin� Contractor Buesina Brothers Truckinq, Inc. Address 2285 Daniels Street Lonq Lake, MN 55356 Project Description Shenandoah Drive Street Construction 1. Original Contract Amount 2. Change Order No. 1 Thru No. 3. Total Funds Encumbered 4. Value of Work Completed 5. 5 Percent Retainage 6. Previous Payments 7. Deductions or Charges 8. Total Payment Due (Line 4 - Line 8) 5 $ 250.368.40 $ 12,518. 42 $ 201,263.68 $ -0- $ 213, 782.10 CERTIFICATE OF PAYMENT April 30, 1985 -2-37. 972. 30 $ 8, 920.00 rf a' 246, 892. 30 Value of Work Remaining $ 15, 000.00 Percent Complete 94% 36, 586. 30 (I, We) hereby agree that the quantity and value of work shotin herein is a fair estimate of the work completed to date. CONTRACTOR: BY: TITLE: JDATE pity r IMIN I'1' OF SHAKO= II i er J� e S 2� nisirater Late z, -. JE..,. SHENANDOP-1 D ivy-- =-lCu ENDINS: April 30, :985 CONTRACTOR: B:IESINe BRCS. N- TR'IV lNb, TN - ------------------------- :�ea ---------------------------- Unit Contract 7 Current -7 Perioc Total _______ to Date No, i Contract Item Unit 1 price Quantity 1 Amount 9uantity Amount I Duant•ty Amount _101.511 ----------------------------- !Clear and Grub Roadways ------ IL.S. I ---------- 187 ! -------------------------- ------------------------ t f .-------------------------- $7,500.00 I $7.�,50;.0: '104.501 !Remove Barbed Wire Fence 1L.F. $1.00 i 260.00 1 $260.00 ! 0.00 i $0.00 i 260.00 1 $260.00 _'105.501 iCommon Excavation IC.Y. 1 82.15 1 25700.00 1 $55,255.00 1 100.00 1 $215.00 1 27100.00 !. $58,265.00 '105.503 I (Rock Excavation I IC.Y. I I ! $15.00 1 i 100.00 1 I $1,500.00 1 I 0.00 1 i $0.00 1 839.00 I ! I $12,585.00 I 105.535 i !Salvage Topsoil I I IC.Y. i I i 1 $0.95 1 I I I 19000.00 1 I I $18,050.00 1 I I 0.00 1 I i $0.0e 1 I 17137.00 i 1 I 1 $16,280.15 I 1 211.501 (Aggregate Base, (Class 5 (100% Crushed) I ITon I 1 $5.45 1 ! I 5750.00 1 I $31,337.50 1 I 102.00 1 I $555.90 1 ! 7365.00 ! ! $40,139.25 1 221.501 I (Aggregate Shouldering, I i 1 I I I I I I I ! I I I I I I ! Klass 1 I ITon I 1 $6.00 i I I 1200.00 1 I $7,200.00 1 I 0.00 i I $0.00 1 I 0.00 1 I $0.00 1 I 331.504 I !Bituminous Material I I I I I I I I I I I I ! I I I ! ifor Mixture ITon 1 $190.00 1 87.00 1 $16,530.00 1 2.70 ! $513.00 1 99.90 I $18,981.00 1 _331.510 IBinder Course Mixture I ITon I 1 $10.90 ! I I 1932.00 1 I $21,058.80 1 I 60.00 ! $654.00 1 2220.00 1 $24,198.00 1 341.504 I IBituminous Material I I I I I I I I 1 1 ! I I Ifor Mixture ITon 1 $200.00 1 118.00 ( $23,600.00 1 112.00 1 $22,400.00 1 112.00 1 $22,400.00 ! 341.508 !Wearing Course iMixture (Modified) ! ITon I 1 $11.00 1 ► I 1932.00 1 I $21,2252.00 1 I 18334.00 1 I $20,174.00 i i 1834.00 1 ! $20,174.00 1 1 501.511 112" CM Pipe Culvert IL.F. 1 $15.00 1 67.00 1 $1,005.00 1 0.00 1 $0.00 1 67.00 1 $1,005.00 1 301.511 118" CM Pipe Culvert IL.F. 1 $17.00 1 157.00 ! $2,669.00 1 0.00 1 $0.00 1 195.00 1 $3,315.00 1 01.515 112" CM Pipe Aprons IEa. 1 $85.00 1 2.00 i $170.00 1 0.00 i $0.00 1 2.00 1 $170.00 i ;01.515 ------- lig" CM Pipe Aprons ! ------------------------------ i !Ea. I ----- I 1 $100.00 1 I 1 ---------- I I 4.00 ! ! -------- - I $400.00 1 ------------ i I 0.00 I -------- I -------------- i $0.00 1 i --------- I 6.00 i ------------- I $600.00 1 ' 1 Change Order No. Hauling- Boulders vHFNANvoa valV_ #3.50 712.00 #2,492.00 Change Order No. 2 - _ -IMS._ N- 4 =RTOD ENDING: April 30, 1985 L.S. #980.00 L.S. CONTRA-710�1: BJESINS BRCS. -----------------------------------------------------------------------------------------------------n------------------------ Item 120 Gate Valve I 1 unit ! Contract 7urrent Pe.ioc ---- Total to Date No.Contract Item. Unit 1 Price Quantity I Amount Quantity ! Amount Quantity ! Amount --------- _506.511 ------------------------------ (Reconstruct Marnoles ------ IL.F. 1 --------------------- #110.00 ! 13.60 I -------------- #1.496.00 ------------------------- 1 0.00 #0.00 ! ---------- 13.60 ---- ! #1,49S.& 2575.501 !Roadside Seeding I IAcres I I I #200.00 ! I 3.60 ! I #720.00 1 0.00 I I #0.00 ! ! 0.00 i #0.0 I I 575.502 I ]Seed Mixture No. 5 ! I ILbs. 1 I #33.00 1 I 180.00 1 #540.00 I I 1 0.00 1 I #0.00 1 0.00 ! I 1 #0.00 "75.505 {Sodding IS.Y. 1 #1.25 1 2222.00 1 #.,777.50 1 0.00 ! #0.00 ! 0.00 I #0.04. ! _575.511 I IMulch Material, Tyoe 1 I I I ITon ! I I ! #140.00 1 I I 7.20 1 1 I #1,008.00 1 i I 0.00 1 I ! #0.00 I I 0.00 I i #0.00 I I 575.519 1 IDisc Anchoring I I !Acres 1 I #100.00 1 I 3.60 1 1 #360.00 1 I 0.00 1 I #0.00 1 0.00 ! I $0.0e _575.531 ! !Commercial Fertilizer I I ! I I I ] ! (Analysis 10-20-30 I ITon ! I I #350.00 ! { 0.81 ! I #283.50 1 I 0.00 i ! #0.00 1 I 0.00 { #0.04 ] ! 504.603 ]Relocate 12" Watermain I IL.F. 1 I ! #23.00 1 I 1000.00 1 I #23,000.00 1 I 0.00 ! I #0.00 1 I 1000.00 1 #23,000.01: I I ------ ----------------------------- I ------ ! I I --------- I { ------- ]------------ TOTAL 1 ] #237,972.30 1 -------- I --- TOTAL 1 ------ ---- I --- #44,511.90 I ---- TOTAL I ---------- 1 #0,50,368.40? ! Change Order No. Hauling- Boulders C Y. #3.50 712.00 #2,492.00 Change Order No. 2 Ballroom Water Service L.S. #980.00 L.S. #980.00 Change Order No. 3 120 Gate Valve L.S. #850.00 L.S. #850.00 Change Order No. 4 Haul Limerock Offsite C.Y.# .00 839.00 #1,678.00 Change Order No. 5 Fourth Avenue Intersection L.S. #2,200.00 L.S. #2,200.00 Bituminous Tack Coat Gal. #1.00 720.00 #720.00 GRAND TOTAL #250,368.40 I MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clem I RE: Industrial Development Bondegislation DATE: May 16, 1985 The following excerpt from the May 10, 1985 Legislative Bulletin indicates that action on the part of Council is in order: ACTION ALERT INDUSTRIAL DEVELOPMENT BONDS The Senate bill to extend the existing IDB allocation system (S.F. 418, Pogemiller) is now a part of the Senate Omnibus Tax Bill which the Tax Conference Committee is considering. The Senate's IDB provisions essentially reflect League policy in favor of maintaining the dual allocation system for entitlement and competitive IDB issuers. As the Senate passed it, S.F. 418 would split IDB authority between the entitlement and competitive allocations on a 77.5/22.5 basis. The IDB bill in the House, H.F. 495 (Schreiber), is significantly different ` from the Senate provisions, in that it would require all issuers to apply for IDB authority from a single competitive pool. H.F. 495 would also give priority to industrial and pollution control projects and would restrict the use of IDBs for commercial projects. H.F. 495 awaits passage on the House floor. The League continues to anticipate that compromise language will result from negotiations of the Tax Conference Committee. PLEASE CONTACT YOUR SENATOR, REPRESENTATIVE, AND/OR TAR CONFERENCE COMMITTEE MEMBERS TO URGE THEIR SUPPORT FOR THE SENATE PROVISIONS ON INDUSTRIAL DEVELOPMENT BONDS. 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N (1)N. ul �+ , � FC E -i E-4 C4 A. �3 H i--1 E E Gr. r-1 >> CO scd. -r-I ul � H H O 14 O C cd Q cd \-D - 00 3>,,i >o O\ ON N cd +) E -i 0E-xwr-iHcO114Z) H U\ co r-1 H M fs, O H r -I N U\ \.O N 00 co �j MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator RE: Extra Copies of The Real Estate Journal Focus on Shakopee DATE: May 15, 1985 Introduction: Council members were polled on 5/14/85 regarding spending $500 for a special run of 2,000 copies (25¢ each) of the above men- tioned 20 page Shakopee issue. All council members except Delores Lebens agreed that staff could spend $500 of the $700 approved, but not spent., for ad layout work to purchase 2,000 extra copies. Council members were polled because I needed to give the Real Estate Journal the go ahead on 5/15/85. Background: We plan to -use 400-500 of the 2,000 copies for Industrial Commercial Day handouts.- The balance of the handouts will be for promoting development throughout Shakopee (eg. Downtown Redevelopment and Industrial Development). Action Requested: Pass motion for the Council record authorizing the purchase of 2,000 copies of the Real Estate Journals Special June Focus section on Shakopee at a cost of $500.00. JKA:cah MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk -;-- RE: Gambling and Bingo Regulations DATE: May 2, 1985 Introduction At its meeting of March 19, 1985, the Shakopee City Council adopted an ordinance proclaiming a 90 day moratorium on the granting of any gambling and bingo licenses and permits. In doing so, the Council said it wished to review the City's regulations pertaining charitable gambling activities. Background State legislation adopted in 1984 established a State -administered charitable gambling license system to go into effect March 1 , 1985. In 1985, the effective date of the State regulations was moved back to June 1, 1985. The regulations established specific reguirements for the conduct and reporting of gambling occasions. The State law also allows local governments to adopt more restrictive regulations, including the prohibition of any charitable gambling activities. The State law allows charitable gambling activities licensed by the State at liquor establishments as well as other establishments when an organization conducts lawful gambling on premises it owns or leases. Organizations eligible for a license are any fraternal, religious, veterans, or other nonprofit organization if it has been in existence for at least three years and has at least 15 active members. Alternatives Council may or may not wish to be more restrictive than State law with regard to the licensing of charitable gambling. 1. Repeal current code regulations on gambling and adhere to State regulations. Our code needs to be repealed or rewritten anyway so as not to be in conflict with State law. This would permit charitable gambling in any on -sale liquor establishment as well as other establishments by any organization which has been in existence in the State for at least three years and has at least 15 active members. 2. The organization must be in existence within the City for at least three years and have 30 active members. Would eliminate a state organization from obtaining a license. 3. Premises licensed must be regular meeting place of organiza- tion. Would not permit a raffle to take place by an eligible organization other than at their meeting place. This would then preclude raffles by the League of Women Voters at the radio station, unless the prizes were less than $750.00 in a year. Then a license is not required. 4. Prohibit liquor from being sold or consumed in a room where gambling is conducted. An organization holding a club liquor license as well as a gambling license would have to conduct gambling in a room separate from the room in which liquor is being sold. 5. Prohibit gambling activities on premises (or vacant rooms) of any liquor establishment. 6. Permit charitable gambling in any on -sale liquor establishment for up to a certain maximum number of occasions per year - requiring a 30 day notice ahead. 7. Limit the use of proceeds - require monitoring by City staff. 8. Limit amount of lease payments. 9. Limit gambling in liquor establishments only when the liquor licensee and the gambling licensee are the same - not likely to happen. 10. Limit gambling only where the liquor establishment is operating under a club liquor license. 11. Restrict activities to certain days or hours. 12. Enact limits on prizes to be awarded - more restrictive than State - would require City to monitor and should then require permits as in #13. 13. Require permits for bingo and gambling when exempt from State law. 14. Other. Recommendation The above alternatives are taken from the City of Maplewood regulations, alternatives identified by the City of Minnetonka, and an article in the April, 1985 issue of the Minnesota Cities. I met with Mr. Coller, the City Attorney, and after discussion we both recommend not adopting the state regulations into our Code verbatim, but instead adopting only a few regulations, desired by Council, which are more restrictive than those of the State. Alternatives 2 and 10 would limit gambling to organizations which have been in existence within the City of Shakopee for at least three years and have 30 active members. It would also permit gambling in liquor establishments only when the establishment holds a club liquor license. Both the City Attorney and City Clerk believe this may be the simplest way to restrict gambling activities to local organizations. Alternative 4 may or may not be desirable. Our most recent regulations did away with this requirement. Recommended Action Direct staff to prepare an ordinance adopting the State law regulating charitable gambling by reference as well as alternatives 2 and 10 which limit gambling to organizations which have been in existence within the City of Shakopee for at least three years and have 30 active members and permit gambling in liquor establishments only when the establishment holds a club liquor license. JSC/jms INCORPORATED 1870 ENGINEERING DEPARTMENT 129 E. 1st Avenue - 5haxopee, !Minnesota 5537? -1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator F ROM : Ray R tuts ka, Er g i neer i ng Coond i nat or SUBJECT: T.H. 101 Intersection Improvement Project 1984-8 DATE: May 17, 1985 INTRODUCTION: Attached is Partial Estimate N.D. 3 for the above pr-oject. BACKGROUND: Processing_ of this estimate was delayed and therefor -e, missed the regular bill cycle. ACTION REQUESTED: A motion to approve payment of Partial Estimate No. 3 i r, the amount of $71,937.65 to C. S. McCrossan Construct ion, Inc., P.O. Box 247, Osseo, MN, 553q, APOb^ v d for Submittal H. R. Spu r i er, City Eng i neer RR/pmp ESTN03 Contract No. 1984-8 Partial ':--- mate Voucher 3 TO: Contractor C.S. McCrossan Construction, Inc. Address P.O. Box 247 Osseo, MN 55369 Period LndinE: April 30, 1985 Project Description State Trunk Hic!hway 101 Improvements L. Original Contract Amount 2. Change Order No. 1 Thru No. --- 3. Total Funds Encumbered 4. Value of Work Completed $ 201,775.43 5• 5 Percent Retainage $ 10,088.77 6. Previous Payments $ 119,749.01 7. Deductions or, Charges $ -0- 8. Total $ 129.837.78 Payment Due (Line 4 - Line 8) 4 358, 830. 16 w 774. 18 S- 359, 604. 34 Value of Work Remaining $ 157, 829. 00 Percent Complete 560 71.937.65 CERTIFICATE OF PAYMENT (I, We) hereby agree that the auantity and value of work shown herein is a fair estimate of the work completed to date. CONTRACTOR: BY: � 1 ^ITLE: _�r2 1. DATE: APP CI5Y OF SHAKOPEE S I� C�t gire r Dat Ci, A r __ L trator Da t LL� d'i n• y h: Di'.iM �c:T_ 5-,�,.�i._ itt N Hu. _ SIS. '_'fit:; ----- :Ten, : Eontract :tern T ------------ ------- antrac------------------�lr�e _u r` - ---------------_-_- -e a ----_---------- ta. t0 Da -e ----------------------- '- r,.. Vr:ce a n ,,� Hmoant - u�_anTi' y Hr+.Jur{T _ :uan; rt` HrToun- ---------- 5 i'lear anc Gr,u. F,�, t_wa ------ ------- ---- 5 ---- 00. ----- --_�----- ------- -- --------------- -------------------------- r•.0' , .1 N. 50: ! Remove Wood Fence + i 00 80. d 4610. Be. kj.� , .104.50: (Remove ConcreTe Mee.an ,c . �- .. 50, 1 550. df I 41, 401. dt? I 450.00. ! 20:2. t:+ ! 48,. 0c+ N". _104.505 ;Remove Ri -iimunous avement !S. Y. $1 10 as ! 6,50.100 a�a 4r, JJJ.10l ! 491:. 00 45, 4em2.10 Eu•7[. 'x 'K. I 00 f'7. dk A04.509 1Remove Tyre "C° iia. 460.0.' i 9.10+2 ! 45410.00 � E.OE 4i^.. d_ ! c. di !Signs and Posts -=04.509 ;Remove Tyre "d° ! ! 1 151nns and Posts !i=a. i 455.00 2.100 , $110.01' 10.00 ! i 40.00 0.00 ! Q.00, 104.521 !Satvaoe Culvert Pioe L.F.i F1 .100 i 47.00 1 4705.00. ti.00 00 "dl $r•.1: -_104.523 ibaivarie Ivoe L Sons ;�a. 1 $55.00 ! 15.102 $825.100 0. 00 .109' :04.534 !Salvace !voe i,h,+ Sen '1 ! 3.04. $iE5. 0E i 0.00 ! $0.00, k'. 01. f! $0 013 105.501 ;Common Excavation C. Y. 1 ! i $5 1J. 5k. ' 500.100 ��i:, 750.010, d0, 0.100 i 00, ! 0, dt 40. dk 105.5107 !Su6crade Excavation !C. Y. I I 44.5@ i i ! 37100.00' i $16,E50.00 I 11£2.00 45,2'56.00 ! 18EB.01 $E, 4'10 -105.522 !Seleet Granular Borrow {i.. Y. i IC.Y. I $5 k . 5 �dk 2� '001.010 ! 4.:. 0td. �+ t' 0 00 I � . 0i - ! 15.4=:. N : - 48, 4=7.5 105. J2 3 i Carartion Borrow !1.1. !,.. Y. 40.50 9 7J. CO,$32.82.50 ! i 21210? 57, 451.50 1 ! 102� . 09 $-.7�. 05.535 ! Salvage Topsoil - ! C. Y. 1 $3. eel , 28100.01 45 40:'. 00. 500.0:, 1 500 2 ! �i, SNR.. d��: '2 n i �b0�+. 0 - 4 ; , 8�. 0 _11.501 !Aggregate Base ! 1 !Class 5 ;10k'x crushed? I ITon 46.85 ! 51001+.00 :: $34,25&,.00 i + RE. Oe 44,144.25 1 ! 2792.51: 1 $19,;28.62 _2..501 lAggreoate Shouldering Class 1 I !Tan ! ! 112.00 120.06' ! 1 440.104 ! 0.100 ! 4'.10 ! 0.ele. ! $.6,101 .31.504 (Bituminous Material ! ! ! ! I for Mixture I 1 Ton 1 4185.0;2 1 124.00 ! $22, 940.00 . 0.00. 40.00 2'10. E0 4,, 8+ ; .10'0 -..514 ;Base Course Mixture ° !Ton I $12.50 1 i °707.00 1 $33,837.50 i 10.010 I 52:.00 ! 457.40 ! $5,71 ! .50 _..22. IIrregular Width Ravine!S.Y. - J ! 7 $J. 1010 1 ,9_ J 5.1010 - i 51, 185.00 i ! 0.0e 40. d e.100 -1.504 !Bituminous Material (far Mixture !Ton I 418`.1010 I 82.00 I $15,170.100 i 0.102 $0.00. -_.508 (Wearing Course IMixture (modified) ------------------------------ 1Tor, ! I ------------------- 41.. ekA 1 ---------- 242.01 , $18,117.00 ' 10.0'Z i•. 103 $37,4-53.30 ----- tifN'r,. IStI�IF?', ?' : '.Ki-'RQYCn�r�-C _C ;"'r ; V _ _...F;pr:_ Z,' 1Gw� .+c. _ �l �QiY Rh.,'L':: .S, CCAOSS ,,� CT r .,. k. R A� yQi,I. -,1Qr: T r IN,1_ -T A- - SHEET , - -------- -err ----------------------------------------------------------------------------------------------------------------------------------- Unit. Contrac: current Derioc 7ala: tr-: Late JntrdC} it L'n;t ! Pr. Celant:t HIAOLn`.. Glia"till' . NAlopf{t 1 * t Gant i �. H. . ?_+Unt ------- -------------------------------------------------------------- :Bitumnous-%Ier,,ai --------------- --------------------------------------- ; is'er Tack .oat !Gal $c. 50 •. 21N.Ile' $500. 0C C.A0 VZ. OC . 14C.Oe $35x.00 ;,, oe 'Du v e r t 1 L. F. Q5. 010 52.00 1 $1.30e. Oe CA? V. 00 32.00 1 $81U. elm 250 1. 511 !'24` C� Pioe Culver; !L. F. 1 $30.00 ie. 0l $300.00 5ell. 0e $30:::.00 ! 1C.00 i $300.0, _50:.511 i 106" R:, P:ee Cu1vert !_.,. i $4C.AC :4.06. 1 $560).00 C.Oe ! .0i $' � _501.511 148" RC PIDE Culvert !L. F. $50.00 ! 14. OC $701..00 , e. 01: 1 $0.00 .x.00 $1.60C.02* .501.521 .23" Soan RC Rine -Arch Culvert L. F, I $70.04? ! te.00 $700).00 C.Ae 1 $0.00: 101.00 ! $70C.e .501.571 141x6' RC Box CulvertIL. F. ! $200.00 i 7.00 $1,400.00 ; 0. 02 1 $C. 00 ! 17.00 $=',60C.0' 504.602 lk,,ust Gate Valve i t15e..00 ! 00 ! $' JO. OC ..ALS. . VC .00 i .0C 1150.0' _531.501 [Concrete Curb and I I ! ;Sutter Desicr: B-'4 �� �.-. 1 511 . ,0 i 668.0 $:. b82.02 0.00 3 $ . 00 2 ^26.00 $'.5 t 99.01 554.531 IFurnisn and Install [Sior; Panels. Tvoe "A° !S. F. 1 :36.00) I 265.010 $9.540.00 Lee 1 $01.00 e.00 : $@.AC 2564.530 [Furnish and Install [Sign Panels, i voe "C" ! S.155. ?9 1 $2,726.33 ! :s. 0t ! MOO ! 10.010 i $17`. 0.0! v X64.530 !Furnish and Install ISier, Panels, Type "C" !S.F. , $20.01 1e5.00 ! $2.100.00 0.001 ! $0).00 0.00) $i..0; '554.531 !Furnish and Install iSign Panels. Tvoe "Overlays" !S. F. $16.00 •, 33.3E $320.00) ; 0.00: $3.0k' 0.00 $O.QC 564.541 IUelineat ors, Type 1iB Ica. ! $45.00 3.2' . $131.00 ! C:.Ok aC,Or 1 1.00 ! $45.0 12- 564.601 ! Pavement Marking ! L, S. . $5, U0. A 00 1 $5, 001.00 . 0. @+0 i $C:. 00 0.12 $600.00) _565.511 i ull-Traffic-Actua:ee ! ! !Traffic Control ionai ?S.S. ! !System "Fi" 1$87,5060.00 1.00 ! $87, 500.00 ! 0.55 $48,125.00 , 0.80 . $7e, 000. Oic. '565.511 !Full -Traffic -Actuated I ! ! ! ! ! !Traffic Control ! ! Syster,, "F"` ! S. S. f$121,500.02- ! . 00 ! $18, 0 ! 500. 0. 1 1 i 7 $2, 0.,5.00 , 1. `l. 83 a x i :14, 800. IN `575.501 !Roadside Beedinc !Acre i $24C.0E i3.93 1 $343.20 1 3.0);i 1 $0.001 ! Mo $0.0x 575.502 i Seed, Mixture #.1 1 -Js. i $2.15 1 196.46 1 $422.39 0.0'3 i $'v. 00 , 0.0? g. , 75.505 ! Saddinc 15. Y. ! $1.36 ! 4075.00. $5, 542.0f� ! 0,. 00) SC:. a . 0.0 Z!. �a ° v-� TRUN?, ., iHYir* '.k: 10,DRO'':_"�tk = �c'T"Si��.. - NO. _ _ .:u ch iNv: Peri: R. 148: -QRA;'CiR: --------------------------------------------------- er ------------------------------------�------- ----_`----------- GINrenn; Re I :---------------------- ota: :ateoncrac _. Contract ;ten, urrt Price D an+ity Ami -nun- Quare-a1tY amount 1 kant'ty Amours -------- ------------------- 511 i�licn Ma Tape '_ { ;Tor i 4.20 0t --------------- - - 19 20 00 - ------- ---------k 00 ,-------��e?- ---------gi 00 _'S75.514 !Disc Anc7orina iA^re2E.0r i 10.0; , 0.00 X0,03 0.0k +0.0E 1575.531 !Commercial Fertilizer Analysis 10-2H-30 I 1Ton 1 i t I $275.00 0.9E ! $264.00 1 1.00 ! I i 50.00 i i 0.00 i $10.00 i ! iota: iJJV.7rlb.lu 1Ilia 1 $75,723.65 1 Total 1 $201.775.43 I C cc, C= = T Y G F 1-i Ik 1-� Cl F; EE T INCORPORATED 1870 t ENGINEERING DEPARTMENT 129 E. 1st Avenue - 5hakot-e, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: 1985 Curb & Gutter, Sidewalk, and Driveway Apron Replacement Program, Project No. 1985-3- DATE: 985-3DATE: May 17, 1985 INTRODUCTION: Attached is Resolution No. 2399, a Resolution Accepting Did on 1985 Curb and Gutter, Sidewalk, and Driveway Apron Replace- ment Program, Project No. 1985-3. BACKGROUND: The action taken by Council to accept the low bid must be in resolution form to comply with the requirements of the Local I mprovement code (Minnesota Statutes, Chapter 4129). Siehndel Construction has performed acceptable work for the past two years under contract for the concrete replacement program. ACTION REQUESTED: Adopt Resolution No. 2399, A Resolution Accepting Bid on the 1985 Curb and Gutter Sidewalk and Driveway Apron Replacement Program, Project No. 19B5 -v. Ad.pr-t'Nied Submittal H. R. Spurr r, City Engineer FS/pmp MEM2399 RESOLUTION Nu. 2399 A Resolution Accepting Bid On 1985 Curb and Gutter Sidewalk and Driveway Apron Replacement P- gram 19E5 WHEREAS, pursuant to � an advert i semen? for nios r _ r the 1955 Curb and Gutter Slbewa lk. anc Driveway Apr=on Repiacement Pry pram, Public lmDrovement No. 1965-", bids were received. openet and tabulated according to law, anc the tol1owing bins were received complying with the advertisement: S 1 ehnde l Construction * r , 2a5. S0 Roger Kunsh i er s 16, 1 S5. 05 AND WHEREAS, it appears that Siehndel Construction, 510 Elmwood, LeSueur, Minnesota , 56058, is the lowest resp arts 1 d l e bidder-. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and Cite Clerk are hereby authorized and d-irected to enter into a contract with Sienndei Construction, 210 Elmwood, LeSueur, Minnesota, -56056, in the name of the City of Shakopee for the improvement of !985 Curb and Gutter Sidewalk: and Driveway Apron Replacement Program, according to the plans and specifications theref=ore approved by the City Council and on file in the =office of the ..i Clerk. _erk.. E. The City Clerk is hereby authorized and birected to return forthwith to all 'bidder's the deposits made with their Lids, except that the deposits of the successful bidder ant the next lowest nidder shall l be retained until a contract has been signed. Adopted in session of the City of the City of Shakopee, Minnesota, held this of 7 1s ATTEST: City Clerk. War Of the 'C17 V of Shakopee Aooroved as to i form thi=. day -�f • d=_ _ r� , MEMO TO: Mayor and City Council FROM: Tom Brownell, Chief of Police RE: Mutual Aid Agreement DATE: May 16, 1985 Introduction /0 e) The attached Mutual Aid Agreement would authorize the City Administrator or a designee to approve the use of City equip- ment and personnel in the event of a disaster in another community. Background City Departments (Police, Fire and Public Works) are presently committed to Mutual Aid Agreements with many communities as authorized by Council. The proposed agreement would allow the City Administrator to provide assistance when appropriate without having to obtain formal Council action in the event a request is made by a City where a Mutual.Aid Agreement does not exist. The City Attorney has reviewed the proposed agreement and has recommended a minor change in reference to the City Administrator and designee, whereby the designee(s) would be specifically named. Recommendation Pass Resolution No. 2397 authorizing dispatch and use of City equipment and services by the City Administrator in emergency situations. Council Action Requested Offer Resolution No. 2397, A Resolution Authorizing Dispatch and Use of City Equipment and Services by City Administrator in Emergency Situations, and move its adoption. TB/jms RESOLUTION NO. 2397 A RESOLUTION AUTHORIZING DISPATCH AND USE OF CITY EQUIPMENT AND SERVICES BY CITY ADMINISTRATOR IN EMERGENCY SITUATIONS WHEREAS, the City Council finds that instances have occurred in the past and can be anticipated in the future wherein there is a danger by fire, hazard, casualty or other similar occurrences taking place or occurring outside the territorial limits of the City of Shakopee; and by the suddenness thereof it would be impossible or impractical for the City Council to meet and authorize the dispatch and use of City equipment and personnel to combat such fire, hazard, casualty or other similar occur- rence; therefore, BE IT RESOLVED by the Shakopee City Council as follows: The Council finds it desirable and necessary to authorize the City Administrator or his designee to exercise discretion, considering at all times and in each case the internal needs of the City of Shakopee and its inhabitants, to dispatch City equipment and personnel as deemed necessary to combat such occurrence whether it takes place within or without the City limits. BE IT FURTHER RESOLVED that such dispatch and use as directed by the City Administrator or his designee shall be fully authorized as an act of the City of Shakopee and all provisions for compensa- tion of personnel, rental of equipment, liability insurance cover- age, workman's compensation insurance and all other safeguards and matters pertaining to the City, its equipment and personnel, shall apply in each case as if specifically authorized and directed by this City Council at such time, whether or not the governing body or authority of the place in which the fire, hazard, casualty or other similar occurrence exists, has previously requested and provided for assistance and the use of the City's equipment and personnel under a mutual protection agreement or other type protection agreement with the City of Shakopee. FURTHER, the City Administrator or his designee shall recall, order and terminate the use of such equipment and personnel when the need for their use no longer exists, or earlier, when at his discretion it appears in the best interest of the City of Shakopee. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985. Mayor of the City of Shakopee ATTEST: Approved as to form this day of 1985. City Clerk City Attorney JULIUS A. COLLEP, II JULIUS A. COLLER ATTORNEY AT LAW 1859-1940 612-445-1244 2 1 1 WEST FIRST AVENUE SIIAROPEE, MINNESOTA 553Z9 To: Judith Cox, City Clerk From: Julius A. Coller, II, City Attorney Date: TIay 6, 1985 RE: Updating Liquor, Beer and Wine Licensing and Regulation, Chapter 5 of Code Fact The Shakopee City Code, Chapter 5 Section 5.01 Subd 14 provides that a Club in order to qualify for a license must be in existence for more that 1 year together with other requirements. MSA 340.11 (11) provides that any bonafide Club to qualify has to be in existence for at least 3 years. Thus there is a discrepancy between the Code and State Law and the State Law takes precedence. Recommendation That the Council pass an ordinance striking the one year period from the above City Code and replace it with a 3 year term so that State Law and City Code is in conformity and I recommend that this be done before codifiers come out for their annual research check. �u� ORDINANCE NO. 169 Fourth Series An Ordinance of the City of Shakopee Amending Shakopee City Code, Chapter 5 Entitled "Liquor, Beer and Wine Licensing and Regulation" by Repealing Subd 14 of Section 5.01 and by enacting a new Subd 14 Section 5.01 and by Adopting by Reference Shakopee City Code Chapter 1 and Section 5.99 which Among other things contain penalty provisions THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Repeal Shakopee City Code Section 5.01 Subd 14 is hereby repealed. SECTION II; A new Section 5.01 Subd 14 is hereby enacted as follows• The term "club" means any corporation duly organized for at least three years under the laws of this State for Civic, fraternal, social, or business purposes or for intellectual improvement or for the promotion of sports, which shall have more than fifty members, and shall, for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a Board of Directors, Executive Committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit .for the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the members or other governing body. SECTION III: Penalty Shakopee City Code Chapter 1 entitled " General Provisions and Definitions applicable to the entire City Code including penalty provisions and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION IV; 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 day of , 1985. ATTEST: City Clerk Mayor of the City of Shakopee Prepared and approved as to form this 20th day of May, 1985. � - Z�� City Attorney of the City of Shakopee RESOLUTION NO. 2 403 A RESOLUTION IMPOSING A 20 -DAY SUSPENSION ON THE LIQUOR LICENSE OF R. HANOVER, INC., d/b/a RICHARD'S PDE WHEREAS, R. Hanover, Inc., d/b/a Richard's Fub, is the holder of a certain on -sale liquor license issued by the City of Shakopee; and WHEREAS, the City of Shakopee has had on several occasions complaints of overcrowding in said Richard's Pub; and WHEREAS, the Mayor and City Administrator of the City of Shakopee did meet with the owner of Richard's Pub on August 9, 1983, to discuss various problems at that establishment including, but not limited to, overcrowding of the facility; and WHEREAS, the City Administrator did send to the owner of Richard's Pub a letter dated October 17, 1984, indicating that the City Council had determined that should there be further violations of City Ordinances during the 12 month period beginning October 16, 1984, the Council would consider a suspension of said liquor license; and WHEREAS, violations of City Ordinance in the exceeding of posted capacity were alleged to have occurred on November 21, 1984 and February 14, 1985, and the November 21, 1984 violation resulted in a conviction in Scott County Court on April 30, 1985; and WHEREAS, the City Clerk of the City of Shakopee did on the 8th day of March, 1985, send to the owner of Richard's Fub a notice that a hearing to consider revocation or suspension of said liquor license due to the violation of City Ordinances relating to posted capacity as set forth above, said hearing to take place on April 2, 1985; and WHEREAS, due to inadequate notice to said owner a second such notice dated April 12, 1985 and establishing a public hearing to consider the revocation or suspension of said liquor license on May 7, 1985 was delivered personally to the owner's agent on the 12th day of April, 1985; and WHEREAS, the City Council did consider the aforementioned violations at the public hearing held on May 7, 1985 at which time the owner was present together with his attorney Anthony Notermann and was given adequate opportunity to respond to charges of exceeding posted capacity; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee as follows: 1. That the City Council hereby determines that violations of the posted capacity at Richard's Fub did occur on November 21, 1984 and February 14, 1985. 2. That said violations constitute and create a serious danger to the public health, safety and welfare. 3. Zhat despite continuing, and adequate warnings the license holder has failed to take adequate steps to see to it that posted capacity limits are not exceeded. Based on the foregoing findings of fact, the City Council of the City of Shakopee does hereby suspend the on—sale and Sunday liquor licenses of R. Hanover, l c. for Richard's fub, 911 East First Avenue, for a period of 20 days, effective immediately. Adopted by the City Council of the City of Shakopee this 21st day of May, 1985. Eldon Reinke, Mayor ATTESTED TO BY: Judith S. Cox, City Clerk Prepared by Krass, Meyer & Walsten Assistant City Attorneys ire MEMO TO: John K. Anderson, City Administra or FROM: H. R. Spurrier, City Engineer * ) RE: Racetrack Offsite Improvements DATE: May 21, 1985 Introduction Signing and striping was not included in the original contracts for offsite improvements because that work was usually performed by the City. The signing and striping required for the offsite improvements is far beyond the scope of work ordinarily undertaken by the City and therefore it is recommended that the work be undertaken by contract with the contractor furnishing the signs and striping for the Trunk Highway 101 improvements. The work would be a change order for the Trunk Highway 101 inter- section improvements but would be performed on Valley Park Drive and 12th Avenue and Shenandoah Drive. Ordinarily the recommended change order would be processed in customary fashion but because the sign contractor must immediately start these signs if they are to be completed in time for opening the change order must be authorized out of customary cycle. The signage and striping for Valley Park Drive and 12th Avenue is $9,403.94. The signage for Shenandoah Drive is $3,919-87 for a total $13,323.81 which would be the authorized increase for the Trunk Highway 101 intersection improvements. The City is still under budget on the offsite improvements by approximately $267,000.00 therefore it is recommended that the proper City officials be authorized to execute Change Order No. 3 on the Trunk Highway 101 intersection improvement contract for signing and striping for Valley Park Drive and 12th Avenue and Shenandoah Drive in an amount of $13,323.81. Action R , ]PStPd A motion to direct proper City officials to execute Change Order No. 3 for on the Trunk Highway 101 intersection improvement contract for signing and striping for Valley Park Drive and 12th Avenue and Shenandoah Drive at a cost of $13,323.81. HRS/jms ORDINANCE N0. / 7 O Fourth Series An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 7 Entitled "Streets. and Sidewalks Generally" by repealing paragraph B Subd 3 of Sec 7,07'and enacting a new Paragraph.B Subd 3 Sec 7.07 increasing Insurance Coverage as: herein setout and by Adopting by Reference Shakopee City Code Chapter 1 and Section 7.99 which among other things contain Penalty Provisions THE CITY COUNCIL.OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Repeal Paragraph B of Subd 3 Section 7.07 is hereby repealed. SECTION II: Shakopee City Code Section 7.07 Subd 3 is hereby amended by adding thereto the following pararaph B B. Insurance. Prior to the commencement of work described in the permit application, the applicant shall take out and maintain insurance at his own cost and expense The insurance shall remain in force from the commencement of work continually until final completion of the work under this permit. The insurance shall be public liability and property damage, insurance and personal injury, including accidental death, from claims for property damage which may arise from operation under this permit, whether such operation be by the applicant or by anyone directly, or indirectly employed by him and including claims arising by reason of any injury or damage sustained after the applicant has completed the work or left the site thereof. The public liability insurance shall be in an amount not less than $600,000.00 for injuries including accidental death to any one person and in the minimum amount of $600,000.00 for injuries including death for any one accident or occurrence'. The property damage insurance shall be in the minimum amount of $600,000.00. The permit shall not be issued until the insurance has been obtained. Certificates of Insurance shall be deposited with theCity Administrator and the Insurance shall include general liability coverage for comprehensive form, premises -operations, explosion and collapse hazard, underground hazard and products/completed operations hazard. Certificates shall be executed by the insurer or its agent and shall expressly stipulate that the policies are non -cancellable until after ten (.10) days.' notice in writing to the City and shall be filed with the City Administrator, Certificates of liability policies,must show that the City is one.of the parties insured by the applicant. All certificates. shall be submitted prior to issuance of the permit and shall be subject to the approval of the City Attorney. Public service corporations that are self insured are exempt from said insurance requirements providing that each year before January 30 the said corporations file with the City Administrator a letter stating that said corporation is currently self insured. SECTION III: Penalty Shakopee City Code Chapter 1 entitled "General Provisions and Definitions applicable to the Entire City Code including penalty provisions" and Section 7.99 entitled " Violations a misdemeanor or petty misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION IV: 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 in the City of Shakopee, Minnesota held this day of --- 1 1985. Mayor of the City of Shakopee ATTEST: City Clerk.` Prepared and approved as to form this 20th day of May, 1985, City Attorney