Loading...
HomeMy WebLinkAbout02/01/1994 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 1, 1994 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7:00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk 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. ) *9) Approval of Minutes: January 4, 1994 10] Communications: a] Jim Terwedo, Scott County Attorney, regarding curfew issues - 10 minutes 11] Public Hearings: None 12] Recommendations from Boards and Commissions: Energy and Transportation Committee: *a] Vanpool Contract Extension 13] Reports from Staff: a] Murphy's Landing Lease - tabled Jan. 25th (offer on table) b] Save O'Dowd Lakes Chain Association Lease *c] Purchase of Frisbee Disc Golf Course Equipment *d] Preliminary Plat for Maple Trails Estates - Extend Approval *e] Vacation of Alley North of Pablos Restaurant - Tabled Jan. 18th, Res. No. 3941 *f] Temporary Liquor License - St. Mark's Church TENTATIVE AGENDA February 1, 1994 Page -2- 13] Reports from Staff continued: *g] Hiring of New City Planner h] Amending Personnel Policy on Sick Leave - Res. 3948 *i] Approve Bills in the Amount of $104 , 649 . 53 *j ] Mileage Reimbursement k] Chaska Sewer Interceptor Financing - material expected Tuesday and to be placed on the table 1] Release of Watermain Agreement - on table 14] Resolutions and Ordinances: *a] Res. No. 3947 - Changing the March 1st Council Meeting *b] Res. No. 3945 - Premises Permit for Disabled American Veterans *c] Ord. No. 370 - Amending the Lodging Tax Ordinance 15] Other Business: a] b] c] d] 16] Adjourn to Tuesday, February 15, 1994 at 7 : 00 P.M. Dennis R. Kraft City Administrator Upcoming Meetings: 2-02-94 7 : 00 p.m. Committee of the Whole - Zoning Ordinance 2-04-94 7 : 00 a.m. Committee of the Whole - Zoning Ordinance aogoa1TQ aATgnoaxS g4v.mx szuuaa u.zno Cpv • t (Q (P ssauTsng aatp0 • E sagnuTN T766T 't Ai fULf ;o TvAoaddy • Z 'N d 00: L 1a TTs0 TToH • T 7v661 'T Q 1 Baena a 5uTgaaA avingau VJ.OSSNNIW 'S3d0?lVHS 30 ALIO 3HI E03 (INV NI AiI2IOHaf Y ,LNSWdO'I8AHQ32I QNFI DNISf OH YQNSOV HAILY,LNSI MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: January 28, 1994 1 . Attached is correspondence from the Minnesota Department gf Health regarding Nitrate Detection for the Water Supply of Eagle Creek Thrift Shop. 2 . Attached is the February Business Update from City Hall . 3 . Attached are the January 4 , 1994 minutes of the Shakopee Coalition meeting. 4 . Attached are the January 13 , 1994 minutes of the Planning Commission. 5 . Attached is the monthly report from the Engineering Department . 6 . Attached is the monthly report from the Planning Department . 7 . Attached are the February 3 , 1994 agendas for the Planning Commission and Board of Adjustment and Appeals . 8 . Attached is the Police Newsletter for Council review. ' i- rdin SPUC' s 9 . Attached is correspondence to Tim g proposed acquisition of property. 10 . Attached is a memorandum from the City Attorney regarding a lawsuit recently handled through insurance. 11 . Attached is the February calendar of Upcoming Meetings . 12 . Attached is a memorandum from the City Planner regarding a list of completed projects by the Gustavus Adolphus College Intern. 13 . Attached is a memorandum from the City Attorney regarding Orderly Annexation Agreement with Jackson Township. 14 . Attached is correspondence from the County Administrator regarding appointment of managers to the Prior Lake/Spring Lake Watershed District Board. If you would like to submit any recommendations, please contact Toni . 15 . Attached is a memorandum from the League of Minnesota Cities regarding nominations for the 1994 C.C. Ludwig Award and League of Minnesota Cities Leadership Award. For further information on appointment rules contact Toni . I Minnesota Department of Health • Division of Environmental Hea :h • 925 Delaware Street Southeast P O. Box 59040 Minneapolis, MN 55459-0040 {612) 627-5100 January 18, 1994 Eagle Creek Thrift Shop c/o Ms. Judith Cox, City Clerk 129 East First Avenue Shakopee, Minnesota 55379 Dear Ms. Cox: Subject: Nitrate Detection for the Water Supply of Eagle Creek Thrift Shop, Shakopee, Scott County, Minnesota, PWSID 5700209 Enclosed is the result of the nitrate analysis conducted on water samples collected on December 10, 1993, from your public drinking water supply. The nitrate level was found to be greater than 50 percent of the maximum contaminant level (MCL). The MCL for nitrate is 10 milligrams per liter (mg/I). The Minnesota Safe Drinking Water Rules require nontransient-noncommunity public water supplies to monitor quarterly when nitrate levels in the drinking water are found to be greater than 50 percent of the MCL This quarterly monitoring will continue until it can be determined that the nitrate level remains reliably and consistently below the MCL. Information relevant to the nitrate detected in your water supply is summarized below: ENTRY POINT: Well No. 1, Kitchen Sink RESULTS CONTAMINANT: Nitrate Date Level (mg/1) INITIAL DETECTION DATE: December 10, 1993 December 10, 1993 8.2 MCL: 10 mg/1 All required samples will be collected by the Minnesota Department of Health. The results will be reported to you as soon as they become available. We will notify you if any action by your system is required. If you have any questions, please contact Jerry Smith at 612/627-5178. Sincerely, c f,t I' et Douglas J. Mandy, P.E., Supervisor Noncommunity Water Supply Program Section of Drinking Water Protection DJM:GGS:sjs Enclosures cc: Eileen Moran, Scott County Human Services Carol Kephart, Metro District Office Sanitarian An Equal Opportunity Employer MINNESOTA DEPARTMENT OF HEALTH SAMPLE: 9225964 � 1 CHEMICAL LABORATORY PAGE: REPORT OF ANALYTICAL RESULTS DATE RECEIVED: 12/10/93 FINAL REPORT — CLIENT COPY DATE GENERATED: 12/23/93 DATE REPORTED: DEC «� �� Y��� ���� � � |��� PR pWSN SITE_ID miE ClTY HW — 2U9 57OO2O9 EAGLE CREEK THRIFT SHOP COLLDATE COLL. C{ILLIl} CULl� CTORNAUE ORIG SAM P 1D—DE �� ------C-92 i000� 5603 Carol Kephart F�-�}L�N}� �� Q.� Fl�D_wM8. LDC _RES ��'�� O 4 93-482 SAMqLlNe?-_PD.IY|T WELL 1, KITCHEN SINK SAMpl`E__C{}MMENTS ANALYSIS/COMMENTS RESULT UNIT: DACTlCHEM 69 Nitrite + 82 mg/L Nitrate Nitrogen � 327 PA Total Coliform—DW (Colilert ) A /100 ml Absent BUSINESS UPDATE FROM CITY HAL!, Vol. 8 No. 2 Dear Chamber Member: February 1, 1994 Administration Community Development In accordance with Department of Employer Relations On January 18, 1994 the Shakopee City Council guidelines the City of Shakopee submitted their 1993 approved the Chaska Interceptor Agreement with the Pay Equity Implementation Report on January 21, Metropolitan Waste Control Commission. 1994. The report identifies the position classifications Construction of the interceptor is expected to within the City of Shakopee and the compensation commence in 1995. The interceptor will run adjacent structure in place as of December 31, 1993. Reports to the Southerly by-pass. The City is expected to submitted to DOER in previous years by the City have contribute $4.5 million to cover costs associated with successfully met the requirements of the Local constructing the interceptor. Construction of the Government Pay Equity Act. Staff believes that the interceptor is critical for future development within the 1993 Pay Equity Report once again will meet City of Shakopee South of the Southerly by-pass. compliance standards. Without the interceptor, the expansion of Shakopee's Urban Service Area south of the Southerly by-pass City Clerk would be adversely impacted. Final building activity numbers are in for calendar At their meeting on January 18th, City Council made year 1993. In 1993 204 dwelling units were constructed appointments to expiring terms on boards and in the City of Shakopee. Residential construction in commissions: Planning Commission-Jane DuBois and 1994 is expected to exceed 1993 levels. Terry Joos; Housing Board-Gene Juergens; Energy & Transportation - Pat Dauenhauer; Board of Review - In 1993 building construction valuation equated to Eldon Reinke, Richard Marks and Steve Clay; Cable $64,689,664.00. This compares to 1992 construction Commission-Larry Moonen;Community Development valuation of $29,328,483.00. Major construction Commission - Gary Morke, Jon Albinson and Charles and/or remodeling projects in 1993 included expansions Brandmire; Shakopee Public Utilities Commission - at Pearson and Sweeney Elementary Schools Gloria Vierling; Police Civil Service Commission-Stan ($6,700,000), Shakopee Womens Correctional Facility VonBokern; and Park & Recreation Advisory Board - ($7,978,000),Rahr Malting($15,000,000)and American Anne Seifert and Paulette Rislund. National Can Warehouse ($6,139,940). There are still three opening on the Energy and Park and Recreation Transportation Commission. This commission meets the 3rd Wednesday of the month at 7:00 P.M. at city hall. Anyone interested in serving on this commission At its January 18, 1994 meeting, the Council is invited to call city hall (445-3650) for an application. reappointed Paulette Risland and Ann Seifert for three year terms on the Park and Recreation Advisory City Council will be rescheduling their March 1st Board. The other members on the Advisory Board meeting date because the precinct caucuses will be held are: Robert Tomczik, Steve Johnson, Dolores Lebens, on this date beginning at 7:00. P.M. Locations of Paul TenEyck and John Tieben. caucuses are yet to be determined. Watch the newspaper or listen to the radio for locations. Planning Police At their January 6, 1994, regular meeting, the Detective Bob Forberg met with the Violence Shakopee Planning Commission continued the public Prevention Task Force on January 13th. The group hearing on the Preliminary and Final Development has three main focus groups, which include Education, Plans for the Eagle Creek Bluff Addition Planned Unit Parents, and Community. Each group is working Development to a special meeting on January 13, 1994. towards goals to improve resources for violence This PUD contains 32 single family residential lots. At prevention and increase awareness of those resources. that meeting, the Commission recommended the plans' Resources included community clinics and hospitals approval to the City Council subject to 19 conditions. offering education, talking with judges, prosecutors The Commission continued the public hearing and probation officers and getting members of the regarding the Preliminary Plat for Eagle Creek Bluff community more actively involved with each other. Addition to its regular meeting on February 3, 1994. The Planning Commission approved an application for Public Works/Engineering a Conditional Use Permit for a 65 unit Holiday Inn Express Motel, to be located south of Eagle Creek Plaza, north of the Super 8 Motel, and east of CR 17. The Engineering Department is currently working with The applicant,Murray Williamson and Associates, was Shakopee Public Utilities to design the plans for granted a conditional use permit subject to five reconstructing the downtown alleys and replacing the conditions. overhead electric lines with underground electric lines. This project will be bid this spring and all construction The Commission opened the public hearing to consider should be completed by July 1, 1994. an application for a Conditional Use Permit to locate a church within the R-3 Medium Density Residential Phase II of the Downtown Shakopee Project (1st Ave.) Zoning District on a site located south of Vierling Drive is also being designed. Construction of this project will adjacent to Emerald Lane. This public hearing was be in 1994, but it would not start until after July 1, 1994 continued until after the city approves the subdivision to allow MnDot to finish their work and the downtown for the site. alley project completed. If all the schedules work out, this could be the last and final year of construction in The Planning Commission also considered two the downtown area for quite some time. preliminary plats. The public hearing to consider the Preliminary Plat of Riverview Estates 2nd Addition, which contains 10 single family, rural residential lots, was continued to the February 3rd meeting. This proposed plat is located at the intersection of CR 18 and CR 16. The public hearing to consider the Preliminary Plat of Orleans Addition, which contains 25 single family, rural residential lots, is located east of CR 17 and south of Hillside Drive, was continued until after the wetlands review is completed for the site. The Planning Commission also met on January 13, ^moi 1994,to continue the Zoning Ordinance review process. The Commission reviewed the loading, conditional use provisions, and other sections of the Zoning Ordinance and recommended the approval of the draft ordinance and their recommended changes to the City Council. L OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Special Session Shakopee, Minnesota January 13, 1994 MEMBERS PRESENT: Joos, Madigan, Kelly, Mars, Spurrier, Christensen & Zak (Madigan, Zak and Christensen arrived late) MEMBERS ABSENT: None. STAFF PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Terrie Sandbeck, Assistant City Planner Lisa Anderson, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 6: 00 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. PRELIMINARY AND FINAL DEVELOPMENT PLANS: TO CONSIDER THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE EAGLE CREEK BLUFF ADDITION PLANNED UNIT DEVELOPMENT. - VANZEE HOMES, INC. Chrmn. Joos opened the public hearing to consider the preliminary and final development plans for the Eagle Creek Bluff Addition Planned Unit Development, located east of CR 18 and south of Boiling Springs Lane. The Assistant City Planner gave a brief summary regarding this matter. She stated that the applicant has submitted applications for approval of both the Preliminary Development Plan and the Final Development Plan for the proposed Planned Unit Development for Eagle Creek Bluff. The Assistant City Planner stated that developer is proposing 32 single family residential lots on 66. 67 acres. The draft 1990 Comprehensive Plan has designated this area for Rural Residential development. She also stated that in order to develop the site as proposed, the applicant will need to receive approval of the following variances from the Zoning Ordinance or the Subdivision Regulations: A. Section 11. 35, Shoreland Zoning District, Subd. 6, regarding a minimum lot width of 200 feet. The applicant is proposing to construct lots as small as 45 feet in width when measured at the front setback line. Minutes of the Page - 2 Shakopee Planning Commission January 13, 1994 B. Section 11. 35, Shoreland Zoning District, Subd. 7 .B. , to allow an impervious roadway surface less than fifty feet from the O.H.W. for the proposed Eagle Creek Bluff Drive. C. Section 11. 25, Rural Residential Zoning District, Subd. 5, regarding a minimum lot size of 2 . 5 acres. The applicant is proposing a minimum lot size of 1. 07 acres within the R-1 Zoning District. Comm. Madigan took a chair at 6: 03 p.m. Comm. Kelly asked what the speed limit was on Eagle Creek Bluff. The City Planner stated that the street will be designed for a 45 mile an hour speed limit, but the speed limit that will be placed on the street will be determined by the Police Department. Comm. Spurrier stated that he feels that it is not appropriate to connect Boiling Springs Lane due to the fact that it has a ninety degree angle in the middle of it, and that the geometrics of it are not appropriate for a through street. Chrmn. Joos stated that in regards to the Registered Land Survey that is located to the north of the proposed plat, the cul-de-sac was designed as a temporary cul-de-sac. In addition, he stated that a precedent would be set by the City in allowing a three thousand foot cul-de-sac. He added that he feels Boiling Springs Lane should be made a through street. Comm. Madigan asked what we anticipate this area to be in the future, something equal to 1. 7 acre sites, or is it viewed as rural residential? The City Planner responded that the Comprehensive Plan and the Land Use Plan views this land as rural residential until 2010, and it is not to be served with public water and sewer during that time frame. Comm. Madigan also questioned the amount of green space. The City Planner gave a brief summary of what open space is and displayed the site plan as submitted by the developer. He stated that staff does not recommend accepting the green space areas as part of the parkland dedication requirement in the way it is presently designed. He stated that the developer must meet the criteria for open space, as listed in the City Code for Planned Unit Developments. Motion: Comm. Mars/Madigan offered a motion to approve Minutes of the line- 3 Shakopee Planning Commission January 13, 1994 the cul-de-sac as outlined in the proposal (as cutting through to the existing Boiling Springs Lane) stating that a precedent could be set. In addition, continued public safety issues have always arisen around the length of cul-de-sacs. He also stated that this area is in transition and the neighborhood will be connected because Boiling Springs Lane will not be turned into a thorough fair with the new street alignment, as the other street will become the collector street. Comm. Spurrier stated that this motion claims that this is a safety issue. He stated that he strongly feels this is not a safety issue, but rather a cost issue. He stated that there has been no testimony to indicate that the connecting of these two streets would make this a safer facility. Comm. Zak took a chair at 6: 27 p.m. Chrmn. Joos pointed out that this is only a recommendation to the City Council, and not the final approval of the PUD. Comm. Zak asked to hear the motion again. The motion was read back by the Recording Secretary. Comm. Christensen took a chair at 6: 30 p.m. Vote: Motion failed on a vote of three to three, with Comm. Mars, Madigan, and Joos voting in favor of the motion, and Comm. Spurrier, Zak, and Kelly voting against the motion. Comm. Christensen abstained from the vote due to her absence during the discussion. Motion: Comm. Madigan/Zak offered a motion to recommend to the City Council the approval of the Preliminary Development Plan for the proposed Eagle Creek Bluff Planned Unit Development, subject to conditions. (These conditions are listed under the motion recommending approval of the Final Development Plan. ) Vote: Motion carried five to one, with Comm. Spurrier voting against the motion, and Comm. Christensen abstaining from the vote due to her absence during the discussion. Motion: Comm. Kelly/Zak offered a motion to recommend to the City Council the approval of the Final Development Plan for the Eagle Creek Bluff Planned Unit Development, subject to the following conditions: Wombs of the Page- 4 Shakopee Planning Commission January 13, 1994 1. The following variances are approved: A. A variance to Section 11. 25, Subd. 5, is approved to reduce the minimum lot size requirement from 2 . 5 acres to 1. 07 acres within the R-1 Zoning District. B. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot width from 200 feet to 150 feet for all lots, except Lots 7 and 8 are approved to reduce the minimum lot width to 40 feet when measured at the front setback line. C. A variance to Section 11. 35, Subd. 7 .B is approved to allow the impervious roadway surface of the proposed Eagle Creek Bluff Drive to be located less than fifty feet from the ordinary high water mark for Eagle Creek. 2 . The following design changes will be required: Streets A. All streets shall be dedicated with the final plat for the first phase. B. No direct access to the lots along Eagle Creek Bluff Avenue will be permitted, except for Lot 5, Block 2 . Land Use C. The number of single family residential lots is limited to a maximum of 31, unless one additional acre of land is purchased by the applicant and included in the plat. This one acre acquisition would allow 32 lots to be developed. D. The location of septic systems within the Shoreland district shall be at least 150' from the ordinary high water mark for Eagle Creek. E. The developer shall provide at least 20% of the PUD site for open space (13 . 38 acres of open space is required) . This land must be usable open space and cannot include land devoted to streets, alleys, parking, and private yards. Minutes of the Page- 5 Shakopee Planning Commission January 13, 1994 F. The applicant shall submit a revised Preliminary Development Plan labeling the open space areas as "open space" and not as "park" . G. The vegetation adjacent to Eagle Creek is to be preserved or enhanced in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark. A permanent survey monument pin and visible concrete marker (flush to grade) must be provided on each side of each lot of the 200 foot setback line from the ordinary high water mark. 3 . The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Platting and the construction improvements shall occur in accordance with the phasing plan approved with the PUD. C. Approval of the Planned Unit Development is contingent upon approval of a Permit to Work in Protected Waters by the Minnesota Department of Natural Resources for the crossing of Eagle Creek by Eagle Creek Bluff Avenue. The Department of Natural Resources (DNR) must also approve any work affecting the DNR regulated wetlands nos. 2 , 3 , and 4 . D. Approval of the Preliminary and Final Development Plans is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. E. The annual septic system inspection process, financial guarantees, and reporting system must be established and in operation prior to the release of the first building permit. F. The developer shall provide the city with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. G. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: Minutes of the Page - 6 Shakopee Planning Commission January 13, 1994 1. The Preliminary Grading and Drainage Plan; 2 . The Erosion Control Plan; 3 . The Stormwater Management Plan, including the stormwater calculations; and 4 . The Final Construction Plans for all public improvements. H. The homeowners association will be responsible for maintenance of the common facilities, including the open space, the common water system, and the shared driveway for Lots 7 and 8, Block 3 . The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. I. Following the construction of Boiling Springs Lane within the 1st Addition, and prior to the release of the Developer's Agreement and the Letter of Credit by the City, the private easement along the north side of Lots 3 , 4, and 11, of Block 1, and Outlot A (open space) must be vacated and the existing driveway connection to CR 17 removed. Vote: Motion carried five to one, with Comm. Spurrier voting against the motion and Comm. Christensen abstaining from the vote due to her absence during the discussion. Chrmn. Joos informed the audience that this proposal will be heard at the next City Council Meeting, which will be on January 18, 1994 , at 7 : 00 p.m. IV. PUBLIC HEARING CONTINUED: TO CONSIDER AMENDMENTS TO CHAPTER 11, LAND USE REGULATION OF THE SHAKOPEE CITY CODE. LOADING: Chrmn. Joos recognized anyone from the audience wishing to speak regarding any issues we have discussed in the past. Larry Griffith, 2200 Second Street South, Minneapolis, MN, appearing on behalf of Valley Fair, approached the podium. Also with Mr. Griffith were Mark Fryber, Director of Operations and Kent Felber, Director of Construction. Mr. Griffith stated that Valley Fair needs mutes of the Page - 7 Shakopee Planning Commission January 13, 1994 to be a permitted use for operation. He expressed his concern about Valley Fair being a Conditional Use. He felt it appropriate to recommend for the short term that Valley Fair be a permitted use as it is now in the Heavy Industrial (I-2) Zoning District. Mr. Griffith stated two other areas of concern: one being how all the Performance Standards relate to Valley Fair and stated that, "they basically don't" ; and second, the Flood Plain Overlay District. He suggested revising the Flood Plain District to include diking. This would go along with the elevation requirements that are permitted by the state statutes. He stated that by being a Conditional Use, they would have to come in every time there is major construction in the park. Mr. Griffith stated that for the short term, he would like Valley Fair to be a Permitted Use and recommends that Valley Fair remain as a Permitted Use in the I-2 Zoning District. On the long-term, he would like to have Valley Fair designated within an "Amusement Park" Zoning District. The City Attorney pointed out that most of the text in the "Loading" section remains the same, as it is with the "Driveways" and the "Parking" sections. Motion: Comm. Christensen/Zak offered a motion to recommend approval of the Loading Facilities Zoning language as presented by staff. Vote: Motion carried unanimously. CONDITIONAL USE PERMIT PROVISIONS The City Attorney asked for comments by the Commission regarding this section. Comm. Christensen asked for clarification on page 138 Subd. F, regarding churches and other places of worship. The City Attorney stated that these are nonconforming uses. No comments were made regarding pages 141-145. Comm. Christensen asked whether or not a sign had to be affixed to a home, or could one be placed anywhere on the property regarding Subd. S-2 on Page 146. The City Planner stated that within the Urban Residential Zoning District, the allowance of a two square foot sign is an existing provision, and that it requires that signs be affixed on the structure. Comm. Spurrier stated he would see problems arising if 1Ninutes of the Page - 8 Shakopee Planning Commission January 13, 1994 the structure is in a rural area and the home is set back and the sign could not be read from the road. He suggested making a distinction of the signs being attached to the structure if located on a collector street and in a residential zone, and on arterial streets the signs would be detached. Comm. Spurrier also pointed out that some signs are not used for identification, but are used for advertising. Comm. Zak stated that he would like to see this dealt with on a case by case basis instead of making these provisions. Motion: Comm. Spurrier/Christensen offered a motion to require that the on-site signage for Conditional Use Permits be fixed to the principal structure. Chrmn. Joos stated that signage location could be regulated with each conditional use permit, and reviewed on a case to case basis whether its attached to the structure or whether its freestanding. He added that the Commission can be as restrictive as need be for each situation. Vote: Motion failed on a vote of two to five, with Comm. Spurrier and Christensen voting in favor of the motion, and Comm. Zak, Mars, Madigan, Kelly and Joos voting against the motion. Motion: Comm. Mars/Zak offered a motion to strike Subd. S-2 on Page 146, and change it to state that, "Signage will be controlled at the Conditional Use Permit level" . Vote: Motion fails one to six with Comm. Mars in favor of the motion, and Comm. Kelly, Madigan, Joos, Spurrier, Christensen, and Zak voting against the motion. Motion: Comm. Zak/Madigan offered a motion regarding Subd. S-2 on Page 146 to indicate one sign not to exceed two square feet under the Conditional Use Permit or come before a review committee each time on a case by case basis. Chrmn. Joos stated he would like it to read as it is presented. Comm. Zak/Madigan withdrew the motion. Subd. S-2 on Page 146 was recommended to be approved as presented. Comm. Spurrier stated that on Page 148, Subd. X-1, he disagrees with having elementary schools located adjacent Minutes of the Page - 9 Shakopee Planning Commission January 13, 1994 to an arterial or collector street. He feels elementary schools should be located off collector streets and not on arterial streets because of the danger imposed by traffic. He feels this is inappropriate for grades K-6. Comm. Christensen feels there are other ways to ensure the safety of the children and doesn't see where this has been a problem in the past. There was a consensus by the Commission to leave Subd. X- 1, on Page 148, the same. Comm. Kelly suggested adding the word "typical" processionals to Subd. P-1 on Page 159 . Comm. Spurrier stated he would like a traffic analysis requirement to be added to bus stops, taxi stops, and bus terminals. The City Attorney suggested going back and adding stacking lanes to car washes. Bob Sweeney, 506 Holmes, Shakopee, MN, approached the podium. He stated that having a traffic analysis for a funeral procession is unrealistic and unenforceable. He suggested eliminating Subd. P-1 on Page 159 . There was a consensus by the Commission to accept Mr. Sweeney's suggestion. Comm. Spurrier recommended not restricting the hours of operation for Subd. R-1 on Page 160. He stated that there may be a need to allow a club to be open 24 hours. The City Attorney stated that the Commission directed that these uses be allowed in the office business district and stated that is when the conditions are addressed. There was a brief discussion by the Commission regarding Subd. Q-2 on Page 160, gas stations. It was discussed if whether or not a time frame should be placed on how long unlicensed and inoperable vehicles could remain on the premises. The Commission came to a consensus to keep it as it was presented. There was a brief discussion by the Commission regarding Subd. AA-3 on Page 163 , to change the start time of the restaurants from 8 : 00 a.m. to 6: 00 a.m. The Commission came to a consensus to keep it as it was presented and leave it up to the market force to decide when the restaurants need to open. Motion: Comm. Spurrier/Zak offered a motion that relocated structures refer only to existing structures in Minutes of the Page -10 Shakopee Planning Commission January 13, 1994 this section. Comm. Mars stated we need to be careful if there is a development of some standard and someone wanted to bring in a pre-fabricated home where it has to meet the market value. Bob Sweeney stated that this was in the business section of homes that it not be a permitted use. The motion and second was withdrawn. Motion: Comm. Christensen/Spurrier offered a motion not to delete Subd. HH, Item 3 , on Page 165, and add the words, "when it can be demonstrated through a traffic analysis of what is to be expected" . Vote: Motion carried unanimously. There was a request by a member of the audience to address the chemical waste section. Bob Sweeney approached the podium. He stated that he is unaware of any industrial process currently in use in the United States that does not involve chemicals that you cannot drink. He recommended to the Commission that a simple definition be addressed regarding hazardous chemicals such as: "if you can't drink it, it is hazardous" . He also recommended that the Commission should require and EAW prior to the approval of a conditional use. Then the Commission could address the whole issue of what specific hazardous chemicals there are, the hazard it posses, and whether or not it should be allowed. There was a brief discussion by the Commission regarding hazardous chemicals. Comm. Zak recommended finding out what other communities have done and concentrate on that rather than try to deal with a universe of chemicals. Kristen Dirks, 1241 South Harrison, Shakopee, approached the podium. She stated that the Zoning Ordinance Committee (ZORC) recommendation language stated that things were permitted if they exceeded Federal guidelines. She recommended to the Commission to go with that type of discussion. Comm. Christensen stated that we can't regulate this by volume or type. Comm. Madigan stated that if we are putting this Heavy Industrial (I-2) use next to a residential area you need to look at if the building is Minutes of the Page-11 Shakopee Planning Commission January 13, 1994 built with safety standards because of these chemicals. Comm. Zak feels that there is no way to totally enforce, but instead to spotlight and then fall back on the Federal or State guidelines. Jon Albinson, 5240 Valley Industrial Boulevard, Shakopee, approached the podium. He stated that on Page 56, Permitted Uses, Item D, he had difficulty in understanding this because they don't all fit right. Chrmn. Joos stated that it may be more appropriate for the Light Industrial (I-i) and Heavy Industrial (I-2) zones to be more based upon the size of the lot and the size of the building. He added that if we have these safeguards in place, maybe we shouldn't be regulating what the hazardous chemicals are. He suggested that maybe the building size would be a good way of going with it. Comm. Zak suggested that this issue be sent back to staff because they now have a better idea of where the Commission is going. There was a consensus from the Commission to send this issue back to staff to draw up a new plan. The Planning Commission continued on to Page 169 . Motion: Comm. Spurrier/Christensen offered a motion to strike the restriction of hours of business on Subd. F-1, Page 169 . Vote: Motion carried unanimously. Jon Albinson approached the podium. He pointed out on Page 170, Item H-1, it is difficult to understand. The City Attorney suggested deleting that paragraph. There was a consensus from the Commission to delete this paragraph. Bob Sweeney approached the podium. He suggested that Item I, on Page 170, be covered under hazardous chemicals and not be separated out as a specific type. There was a consensus from the Commission to delete Item I. Bob Sweeney suggested taking out the word minimizes on Page 177 , Item 4, and use a more defined word. There was a consensus from the Commission to accept Mr. Sweeney's recommendation. Comm. Spurrier suggested eliminating the amount of top Minutes of the Page-12 Shakopee Planning Commission January 13, 1994 soil of 6 inches on Page 178, Subd. U-3 . He stated that the amount of top soil may need to vary. The City Attorney suggested deleting paragraph 3 at the top of Page 180. Jon Albinson pointed out to the Commission that suggestions that he made at earlier meetings that were not included in this rough draft of the proposed changes. The Commission went through them and Staff stated that they were inadvertently omitted from this draft. The City Attorney went through this draft page by page and pointed out the changes that were made by the Commission and any clean-up work that Staff made. There was a consensus by the Commission to change the weight of the "Vehicle, Personal" from 11, 000 pounds gross weight, to 15, 000 pounds. (Page 15) Bob Sweeney brought the Commission's attention to Page 31, Subd. 6-C. He stated that the City Council is in the process of discussing low income housing. He stated that if a garage needs to be purchased, that adds to the price of the house, and suggested that not be a provision. Chrmn. Joos clarified that this does not require a garage. Motion: Comm. Spurrier/Christensen offered a motion stating that the deliniaters at either end of the parking lots be curbed with the standard curb. Vote: Motion carried unanimously. Comm. Joos recommended that the word "vibration" be added to Page 126, Item E. There was a consensus from the Commission to accept this recommendation. Motion: Comm. Mars/Spurrier offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Mars/Zak offered a motion to send this draft with its recommendations for improvements to the City Council. Vote: Motion carried unanimously. Chrmn. Joos thanked Comm. Spurrier for all his time and dedication while serving on the Planning Commission. Minutes of the Page -13 Shakopee Planning Commission January 13, 1994 OTHER BUSINESS The next Planning Commission Meeting will be held on February 3 , 1994, at 7 : 30 p.m. A special session was scheduled to be held on February 17, 1994 , at 7 : 30 p.m. V. ADJOURNMENT The meeting adjourned at 11: 02 p.m. CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR JANUARY, 1994 Respectfully Submitted CC David E. Hutton, P.E. Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Minibypass 5/93 7/1/94 90% Mn/DOT Project 2. Valley Park 11th 7/93 7/1/94 90% Wear Course Asphalt Remaining 3. Upper Valley Drainage 9/93 7/29/94 70% See Narrative Section 4. 1993 Street Reconstruction 8/93 6/15/94 40% See Narrative Section 5. VIP Interceptor 10/93 Done 95% Testing Pipe Yet 6. Rahr Forcemain 10/93 Done 100% See Narrative Section Category II- Projects in Design 1. Rahr Service Line 7/93 Done 100% Will Bid in 1994. No Rahr Agreement Yet 2. Public Works Parking Lot 1/94 3/94 0% 3. Downtown Alleys 6/93 3/94 40% Waiting on SPUC's Electrical Consultant 4. Parking Lot(Old Gene Brown) 1/94 3/94 0% Will Design with Alleys 5. Downtown Streetscape II 1/94 4/94 0% Waiting on Survey Work 6. Alley- Block 48 1/94 4/94 0% Waiting on Survey Work 7. Marschall Rd./10th Ave. Sidewalk 1/94 3/94 0% Waiting on Survey Work 8. Tahpah Parking Lot 10/93 2/94 90% Category III- Projects Under Study 1. St. Francis Sewer/Water 7/93 3/94 30% Waiting on Watermain Input from SPUC 2. P. &V. Addition(Jackson Township) 11/93 1/26/94 100% Town Board meeting held 1/26/94 3. 11th Ave. Storm Laterals 11/93 1/94 100% Going to Council 2/1/94 4. C.S.A.H. 18 Connection 11/93 4/94 0% 6. Vierling Drive, 12/93 3/94 60% C.R. 15 to Polk Street 7. Traffic Analysis to Mall 9/93 8/94 0% Category IV - Private Subdivision Construction 1. Beckrich Estates 1992 6/94 95% New Entrance off C.R. 78 Not Completed 2. Meadows 8th 5/93 6/94 85% Finish in 1994 3. Milwaukee Manor 6/93 9/94 90% Wear Course in 1994 4. Maple Trails 6/93 9/94 25% Finish in 1994 5. Dominion Hills 6/93 9/94 25% Finish in 1994 6. Stonebrooke 2nd Unknown Unknown 0% 7. Parkview 1st 7/93 8/94 85% Wear Course in 1994 8. Meadows 9th 10/93 9/94 80% Utilities Completed 9. Westridge Bay 2nd 10/93 9/94 25% Finish in 1994 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Special Projects 1. Huber Park Grading Permit 5/93 3/94 N/A Withdrew Application See Narrative Section 2. Maras Street 1990 ??? 90% City Attorney Working on Last 2 Easements 3. In-House Engineering Concept 4/94 7/94 0% Will Prepare with 1995 Budget 4. Prior Lake Outlet Channel 2/93 8/94 0% 5. Comprehensive Sanitary Sewer Plan 1992 4/94 95% Waiting on Final Chaska Interceptor Negotiations 6. Comprehensive Stormwater 2/93 4/94 90% Draft Plan Completed Management Plan Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category 1 - Projects Under Construction 3 . Upper Valley Drainage Project - Phase II and Shakopee Bypass Drainage Facilities The mainline drainageway has been rough graded and is about 60% completed. Storm sewer Segments 1, 3 , 4 and 6 are about 90% completed. Segments 2 and 5 are not part of this contract, but under Mn/DOT contract . No change in status from the last report . 4 . Street Reconstruction Projects (Spencer Street, 8th Avenue, 4th Avenue, Naumkeag Street, Fillmore Street and Atwood Street) The temporary asphalt has been installed on Spencer Street and Fillmore Street . The sidewalks on Spencer Street will not get completed this year due to the weather. All further work has been suspended on this project until next year. 5 . V.I.P. Interceptor Extension All pipe installation is completed. All pipe is currently undergoing leak detection testing and all but 2 segments have been approved. 6 . Rahr Forcemain All pipe installation is completed. All pipe has undergone leak detection testing and the majority of the pipe has failed. It appears to be defective materials . The pipe supplier is proposing to seal all pipe at no cost to the City or Contractor and retest the pipe . Category No. 2 - Projects in Design 1. Rahr Malting Inverted Siphon (Service Line) All design work been completed. The final agreement with 3 Rahr Malting have still not been executed. Staff has requested prices from the VIP contractor to add this as a change order. Based on these prices, staff is recommending that this project be bid out in 1994 . 3 . Downtown Alley Reconstruction and Undergrounding Electric Lines The design of this project will need to be coordinated with Shakopee Public Utilities . All field survey work has been completed and design has started. The pavement reconstruction portion will be designed in-house, while the electrical design will be done by Shakopee Public Utilities Commission' s consultant . Construction of this project has been postponed until 1994 . Category 3 - Projects Under Study 1. St. Francis Hospital Sewer and Water The sewer portion has been completed and staff is still waiting on the watermain information from Shakopee Public Utilities . Category 5 - Special Projects 1. Huber Park Fill Based on the review comments received for this permit, staff has withdrew the City' s application for a conditional use permit until such time as a final end use development plan for Huber Park can be prepared. Effectively, this means that no more contractors will be allowed to use this area for fill . 2 . Maras Street Easements All easements for the street have been obtained and recorded except two properties. The City Attorney is continuing to work towards obtaining the remaining easements . (No change in status) 4 3 . Total In-House Engineering Concept During the 1994 budget process, the City Council directed staff to prepare a proposal on what it would take to be a completely self-sufficient Engineering Department (i .e . no consultants, staff equipment and furnishings needed) . Staff has not prepared this study yet . This report will be prepared in 1994, for the 1995 budget discussion. 4 . Improvements to the Prior Lake Outlet Channel The Watershed District has not submitted any proposed improvements to this channel . They have directed their consultant to prepare a study on this . Staff has not received any proposals from the Watershed District . 5 . Comprehensive Sanitary Sewer Plan (Consultant) The draft report is done. The final report is being postponed until the final decision involving the Chaska Interceptor cost sharing agreement . 6 . Comprehensive City-Wide Stormwater Management Plan (Consultant) The draft report has been submitted to staff for review. 5 MONTHLY PROGRESS REPORT CITY OF SHAKOPEE PLANNING DEPARTMENT JANUARY 31, 1994 Part I. Project Start Complete Status Comments Administration 1. Hire Planner II 11/01/93 2/01/94 90% Candidate recommended 2. J-Term Intern 1/03/94 1/28/94 100% Internship completed (150 hours) Long Range 1. Chaska Int. Agreement 6/01/93 1/25/94 100% Complete financial terms 2. Chaska Int. Conditions 7/01/93 2/01/95 20% Rural Density, MUSA Comp Plan policies research 3. Land Use Plan 3/01/93 6/01/94 50% Research 4. East Shak. Trans Plan 1/01/93 9/01/94 25% Research 5. Zoning Ord. Update 6/01/93 2/15/94 90% Committee of the Whole reviewing draft Current Planning 1. Building Permits 1/01/94 1/28/94 Ongoing 11 Residential permits 8 Commercial permits 0 Industrial permits 2. Planning Reports 1/01/94 1/31/94 Ongoing 1 Variances 0 Appeals of CA 2 CUP 3 Plats 2 PUD 0 Rezoning 1 Vacations 0 Minor Subdivisions 1 Official Map Reviews 1 Registered Land Surveys 3. Enforcement 1/01/94 1/31/94 Ongoing 0 Complaints 5 Code Violations (Zoning) 3 Resolved Violations 1 Ianaaement Information Systems (MIS) 1. Special Assessment Software 4/01/93 12/30/93 100% Complete 2. LAN Schematics/Doc. 8/01/93 12/30/93 100% Complete 3. PC Maintenance Tracking 8/15/93 12/30/93 100% Complete 4. Install New Tape Backup 12/01/93 2/01/94 75% Being configured 5. GIS Stage One 10/01/93 10/01/94 5% Features list done 6. PC Hardware Upgrade 11/09/93 1/15/94 90% Installation in progress 7. Install File Server 11/09/93 2/01/94 50% Waiting for tape drive configure (WP5IIDOCSIAMY1PROGRESS.IA.N) IrWWW94 TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN February 3 , 1994 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the January 6 (Zoning Update) , January 6 and 13 , 1994 Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . Approval of Consent Agenda - (All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 6 . 7 : 30 P.M. PUBLIC HEARING CONTINUED: To consider the preliminary plat of Eagle Creek Bluff Addition, located east of CR 18 and south of Boiling Springs Lane. Applicant: VanZee Homes, Inc. 7 . 7 : 35 P.M. PUBLIC HEARING CONTINUED: To consider the preliminary plat of Riverview Estates 2nd Addition, located at the northeast corner of the intersection of County Rd. 18 and County Rd. 16. Applicant : Scott County Farms 8 . 7 : 40 P.M. PUBLIC HEARING: To consider the preliminary and final plat of Calvary Addition, located south of Vierling Dr. and adjacent to Emerald Lane. Applicant: Calvary United Methodist Church 9 . 7 : 45 P.M. PUBLIC HEARING: To consider the Preliminary Development Plan for the Prairie Bend Planned Unit Development, lying south of East 4th Ave. and south and west of the K. C. Hall . Applicant: Sienna Corp. 10. 7 : 50 P.M. PUBLIC HEARING: To consider the preliminary and final plat for South Parkview 2nd Addition, located directly north of 13th Avenue and east of CR 15 . Applicant: Cletus Link 11. 7: 55 P.M. PUBLIC HEARING: To consider the preliminary and final Development Plans for the Planned Unit Development of a Public Mini-Storage facility, located west of Hwy. 169 and south of W. 3rd Ave. Applicant: Tony Sadat 12 . 8 : 00 P.M. PUBLIC HEARING: To consider the rezoning of 21. 85 acres, located east of CR 79, south of Mint Circle and north of the proposed bypass, from Ag to R-2 . Applicant: Vierling Partnership 13 . 8 : 05 P.M. PUBLIC HEARING: To consider the preliminary plat for Homestead Ridge Addition, located east of CR 79 , south of Mint Circle and north of the proposed bypass. Applicant: Vierling Partnership 14 . 8 : 10 P.M. PUBLIC HEARING CONTINUED: To consider an application for a conditional use permit to allow fill to be placed in a Floodway areas in Huber Park. Applicant: City of Shakopee Action: Resolution No. 663 15 . Other Business *A. 1993 Annual Report of the Board of Adjustment and Appeals and Planning Commission B. 1994 Planning Commission Work Program C. Complete Submittal Policy D. Commission Meeting Objectives and Procedures E. Memo from City Attorney on the Zoning Ordinance Update 16 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN February 3, 1994 Chairperson William Mars Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of January 6, 1994 , Meeting Minutes 4 . Recognition by Board of Adjustment and Appeals of Interested Citizens. 5. Other Business a. b. 6 . Adjourn Lindberg S. Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. cI SHAKOPEE January 24, 1993 Mr. Timothy J. Keane Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Dear Mr. Keane : Today I received your January 20th letter regarding SPUC' s proposed acquisition of property. Since we discussed this matter pleasantly last week, I was quite surprised at the tone of your letter. As I told you on the phone, SPUC had indeed entered into a purchase agreement (which you already knew) , I do not know when the closing will occur, and SPUC had decided to go ahead with an EAW. Your letter suggests that these matters are secrets, but that could not be further from the truth. SPUC has discussed this at numerous open meetings, and entered into the purchase agreement in an open meeting. Although you did not ask, let me explain why SPUC used a straw party to negotiate the purchase agreement . Due to the hostility of the Marschalls and other neighbors, and the need to acquire a site economically and in close proximity to the high power lines, SPUC was concerned that the seller might face pressure to back out or raise his price if SPUC was known to be the purchaser. Before signing the purchase agreement, however, they did disclose to the seller that SPUC was the ultimate purchaser. To put it another way, the seller knew who was buying the property when he signed the purchase agreement . When we spoke late last week, I also explained that this property had been on the market for some time, and SPUC felt they could place it back on the market if it turned out best to do so. Your letter contains the rather surprising statement that "It is axiomatic that the acquisition of a site . . . prior to completion of the environmental review will prejudice the objectivity of consideration of the full range of alternatives" . If it were indeed axiomatic, the Rules would prohibit any acquisition. They do not . Rather, assuming the Rules apply, they only prohibit action which "will prejudice the ultimate decision on the project" . Buying a piece of readily marketable real estate, with the full intention of placing the real estate back on the market if it is unusable, does not prejudice the ultimate decision. The purchase is a responsible, prudent act, COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 - 612-445-3650 • FAX 612-445-6718 Page 2 January 24, 1994 Mr. Timothy J. Keane Larkin, Hoffman, Daly & Lindgren, Ltd. acquiring a site from a willing seller at market rate, rather than condemning a site from an unwilling party. As I mentioned above, SPUC has discussed this matter in many open meetings . The meetings are on the first Monday of each month, at 4 :30 p.m. If you want to have "full participation . . . to assure the development and operation of this new facility . . . serves the best interests of all members of the Shakopee community" , as your letter suggests, you or your clients should attend some of these meetings . I hope this letter clears up some confusion which seems to exist regarding this project . If you have any questions, please give me a call . Sincerely, Karen Marty City Attorney KEM:bjm [26MEMO] cc : Chair and Members of SPUC Mayor and Members of the City Council Lou Van Hout Bob Cupit, EQB #ID MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : January 25, 1994 RE : Informational Item Regarding a Lawsuit Attached is a copy of Judge Atkin' s Order in a case recently handled through insurance. In this case, Mr. Fennewald had fallen on the ice at the hockey arena during open skating, and fractured his leg. He sued, alleging that the ice was not properly maintained; records at the time indicate that although there had been some cracks in the ice, he actually fell because the teeth of his skate got caught in the ice. The attorney sought to get the City and the Hockey Association out of the lawsuit based on the recreational property immunity. This worked for the City, and is a nice review of how the law protects the City in allowing recreational activities . The Hockey Association was not released from the lawsuit, but whether they ultimately have to pay anything remains to be determined. This is for your information. Signed i • / Karen Mar ' y torney KEM:bjm C/ [2 6MEMO] Attachment cc : Dennis Kraft Barry Stock Dave Hutton Mark McQuillan // 7 � '7 TATE OF I_NNESOTA IN SISI ICCOURT COUNTY OF S%3TT JAN 2 0 19S^- COURT HOUSE 212 SHAKOPEE, NO 55379 612 496-6200 (OR) 612 445-7750 EXT. 200 NQIiEE IN_IE+E_WIELQEI CASE NUMBER 93-07702 • TO: MUSCOPLAT, JOEL h: PLAINTIFF - FE NEWALD, STEVE 400`. WEST 65TH ST VS. SUITE 200 iP: i _ MN 55435 DEFENDANT - CITY OF SHAKOPEE BE ADVISED THAT (A/AN) ORDER ON S NHARY JUDO/ENT SIGNED BY THE HONORABLE N. EUGENE. ATKINS AND DATED JANUARY 1E, 1994, ( WAS FILED IN THE OFFICE OF THE COURT ADNINISTRAT3R ON JANUARY 19, 1994: AND A COPY OF SAID ORDER IS APPENDED HERETO. GREGORY N. ESS vs t1'• COURT ADMINISTRATOR • ~"' • , I CERTIFY THAT A COPY OF THIS NOTICE WAS SENT TO THE ABOVE ADDRESS Elf FIRST CLASS U.S. MAIL ON 1994/01-19. 2k3 DEPUTY CLERK ED 'e) JAN 18 1994 STATE OF MINNESOTA SCOTT COUNTY COURTS DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT Fi. No. 93-07702 Steve Fennewald and Kelly Fennewald, Plaintiffs, -vs- ORDER City of Shakopee, a Minnesota municipal corporation, and Valley Ice Arena, Inc. , a Minnesota corporation, Defendants. The above-entitled matter came on before the undersigned on January 13, 1994, at the Scott County Courthouse, Shakopee, Minnesota. Lisa Elliot, Esq. , appeared on behalf of the plaintiffs and Joel M. Muscoplat, Esq. , appeared on behalf of the defendants. Upon all the files, records, arguments of counsel and the Court being duly advised in the premises, the Court hereby makes the following: ORDER 1. That the Defendants' Motion for Summary Judgment is hereby granted as to the Defendant City of Shakopee. 2. That the Defendants' Motion for Summary Judgment is hereby denied as to the Defendant Valley Ice Arena, Inc. 3 . That the attached Memo is incorporated by reference herein. Dated: January 18, 1994. BY THE COURT 1// Af[ `fes �' Euge,,.6 Atkins Judge of District Court MEMO Defendants based their Motion on the principle of primary assumption of the risk, certain recreational use statutes, lack of evidence of causation, and lack of proper notice. Each issue will be addressed in turn. Primary Assumption of the Risk The principle of primary assumption of the risk bars claims from injuries caused by well known, incidental risks which are inherent in an activity. Moe v. Steenberg, 147 N.W.2d 587 (Minn. 1966) . Just what those risks are is ordinarily a question for the jury. Id. at 588 . In addition, " . . .one who skates does not assume every risk arising from the negligent acts or omissions of others. " Id. at 589 . Falling due to lack of coordination or from bumping into others may be an inherent risk of skating, but falling due to negligent maintenance of the ice surface is not. Plaintiff indicates that his skate suddenly stopped, causing his fall. This sufficiently raises a genuine issue of material fact regarding the negligence of Valley Ice Arena, Inc. , in maintaining the ice surface. Minnesota Statutes 466 .03 Subd. 6(e) Minnesota Statutes 466.03 Subd. 6(e) provides an exception to liability for municipalities for claims based upon property owned by the municipality and used for recreational services when the claimant was a user of the recreational services. The Court finds that recreational services includes operation of an ice arena. As the city owned the property and the claim arose out of the use of the recreational services, the statute applies and bars Plaintiffs' claims against the City of Shakopee. Minnesota Statutes 87.025 Minnesota Statues 87.025 limits the liability of private land owners who open their land for public recreational use. This statute applies only to privately owned land. Hovet v. City of 37_ �f Bagley, lie�N.W. 2d 813 (Minn. 1982) ; Minn. Stat. 87.021 Subd. 2. The purpose of the statute is to protect private property owners who open their land to public use, not to protect private corporations using public land. As the ice arena was on public land, the statute does not apply, and Valley Ice Arena, Inc. , is subject to liability. Causation The Defendants allege that Plaintiffs have failed to sufficiently show that, as Plaintiffs allege, a crack existed in the ice, causing Plaintiff Steve Fennewald to fall. In this case the precise cause of the Plaintiff's fall is presently unknown. Given the nature of the injury, the circumstances of the fall and the fact that discovery has not yet been completed, the Court finds that a genuine issue of material fact currently exists as to causation. Notice As the City of Shakopee has been granted Summary Judgment in this matter, the issue of the sufficiency of the notice provided. by Plaintiffs is moot. EA ,l February 1994 Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 7:00pm City 7:00pm 7:30pm Planning 7:00am Council Committee of Commission Committee of the Whole the Whole Meeting 6 7 8 9 10 11 12 4:30pm Public Utilities 13 14 15 16 1? 18 19 7:00pm City 5:00pm CDC Council 20 21 22 23 24 25 26 City Hall Closed - Presidents' Day 2? 28 7:00pm Park & 4:00pm - Recreation 6:00pm COW 7:00 pm Precinct Caucuses J January March SMTWTFS SMTWTFS 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 31 30 31 TO: Shakopee City Council FROM: Lindberg S. Ekola, City Planner DATE: January 28, 1994 RE: Gustavus Adolphus College Intern, List of Completed Projects Attached NON-AGENDA INFORMATION ITEM: This memo concerns the completed internship of Debbie L. Boelter, Gustavus Adolphus College junior geography major. Debbie interned in Shakopee's planning department for the month of January. Several students from Gustavus Adolphus College and Mankato State University have interned with the City of Shakopee over the past four years. These students receive college credit while gaining work experience. For many majors, including geography students from Gustavus, an internship is required for graduation. Approximately 1000 hours have been worked by the students in the non-paying/college credit internship program. As part of Debbie's internship, she completed several projects ranging from mapping to updating various department databases. These databases will help with the use of G.I. S. in the future. A list of these and other projects is attached. Her main project consisted of researching park and ride lots, writing a draft report of the research and mapping potential park and ride lot sites in Shakopee. Debbie L. Boelter Completed Intern Projects Planning Department City of Shakopee, Minnesota January 3-28, 1994 1. PROJECT: Organize Library DESCRIPTION: Involved sorting and filing planning magazines and newsletters in the planning office to become familiar with the various materials available for research and daily use. 2. PROJECT: Inventory of Area City Ordinances DESCRIPTION: Organized, filed and took inventory of area city ordinances, including the Zoning Ordinance, Subdivision Regulations and Capital Improvement Programs (CIP) in the library. 3. PROJECT: Update Conditional Use Permit Database DESCRIPTION: Involved locating and researching specific conditional use permit information on file and compiling the information in the form of a database which will be used in future G.I.S. applications. Also printed out the information and organized a binder to contain the database. 4. PROJECT: Update Database of Variances DESCRIPTION: Involved researching variance files to find the information needed to update the variance database for the use in G.I.S. applications. Included printing the database and compiling it in an organized binder format. 5. PROJECT: Subdivision Plats DESCRIPTION: Helped to update the subdivision plat database by printing various information and organizing it into a binder. 6. PROJECT: Park Dedication Requirements DESCRIPTION: Organized the park dedication requirements of the major subdivision plats in a binder format and obtained printouts of the updated information. Included adding several plat listings such as plats with park dedication recorded on file, plats with no park dedication required, plats with a developer's agreement and various other listings. This project involved research using files, printouts and maps. 7. PROJECT: Park Dedication Mapping DESCRIPTION: Studied maps of plats showing areas of park dedication land, and using these to construct both an urban and a rural plat map of areas with actual park dedication land. Involved map skills and research of subdivision plat files. 1 8. PROJECT: Park and Ride Lots DESCRIPTION: Researched transportation systems and park and ride lots to obtain information on possible locations and designs for park and ride lots in Shakopee. Prepared a written report on the subject as well as maps to show the potential sites in the city. This project may be submitted to the City Council at a future date. 9. PROJECT: Reclassification of Conditional Use Permits DESCRIPTION: Reclassified conditional use permits according to the revised Zoning Ordinance. Involved research of CUPs and computer skills. SELF-EDUCATION: Read or reviewed several articles and other readings throughout the month to become familiar with the planning process and the materials available for research purposes. A list of these follows: 1. Planning Commission Agenda materials for the January 6 meeting. 2. Metropolitan Development Guide: -Metropolitan Development and Investment Framework Summary, 1990 -Transportation Development Guide Summary, 1989 -Health Development Guide Summary, 1988 -Housing Development Guide Summary, 1988 -Solid Waste Management Development Guide/Policy Plan Summary, 1992 -Recreation Open Space Development Guide Summary, 1988 -Aviation Development Guide Summary, 1991 3. 1993 Interim Surface Transportation Program (STP) Funding Grant, Met Council Trans Advisory Board File 4. 1993 Federal STP Fund, Met Council Trans Advisory Board File, involving the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) 5. Minnesota Valley Transit's Site Selection Guidelines for Park and Pool Facilities, and Park and Ride Facilities for Buses and Light Rail Transit 6. Reviewed Shakopee Comprehensive Plan, 1990 7. Reviewed plan for Canterbury Downs Racetrack 8. Read article on G.I.S. in the Government Technology magazine 9. Functional Classification System Criteria for Roadways 10. Reviewed and studied binder on Transit Information. Included reading articles in the "RTB 2 Messenger" on traffic impact studies and articles from "Transportation Planning: American Planning Association" 11. Transportation Development Guide/Policy Plan, 1989, Chapters 1,2,4 12. Scott County Transportation, 1992, Volumes V,VI 13. Forecast Comparisons: Population, Household, Employment 1980-2020, City of Shakopee 14. Minnesota Valley Transit's Park and Ride, Park and Pool Cost Participation Policy Draft 15. Reviewed Shakopee City Code 16. Reviewed Park Dedication Requirements in the Application Packet, Land Division Administration of the City of Shakopee 17. Reviewed City of Shakopee Assessment Policy and Procedures for Public Improvements 18. Metropolitan Development and Investment Framework, 1988: Water Resources Management; Part 1 -- Wastewater Treatment and Handling Policy Plan: Policies for the Rural Service Area, Part 2 -- Planning and Investment Procedures: The Council and Metropolitan Systems. 3 MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE : January 26, 1994 RE: Orderly Annexation Agreement with Jackson Township Here are the orderly annexation resolution and agreement . As you can see, I simply copied the resolution into an agreement format in order to create the agreement . Issues that were not completely agreed upon at the last meeting, which have been revised in the resolution are as follows : 1 . Legal description of property in paragraph 1 was revised. P & V Addition was added in; the "triangle" was taken out . 2 . Utilities to be provided in paragraph 3 are listed for the first time. Apparently no other improvements are being provided. 3 . Property taxes in paragraph 4 (a) was revised. 4 . paragraph 5, which was added by the Township' s attorney, was left in. 5 . The proposed zoning of the property was changed in paragraph 6 to be urban residential, which is presently R-2 . If you have any questions or comments, please let me know. Signed /' Karen Marty, di=y Attorney C: KEM:bjm [26ANX] A JOINT RESOLUTION FOR ORDERLY ANNEXATION BY THE CITY OF SHAKOPEE AND THE TOWNSHIP OF JACKSON WHEREAS, the City of Shakopee and the Township of Jackson desire to accommodate growth in the most orderly fashion; and WHEREAS, a joint orderly annexation agreement between the parties hereto is beneficial to both parties from the standpoint of orderly planning and orderly transition of government within the area proposed to be annexed, and provides the guidelines under which such annexation shall take place . NOW THEREFORE, be it resolved by the City of Shakopee and the Township of Jackson that the property herein is proposed to be annexed by the City of Shakopee and shall be annexed subject to the following terms and conditions: 1 . The property which is covered by this orderly annexation agreement is legally described as follows : All land north of the centerline of the Shakopee by-pass and south of Tenth Avenue, the exact description being subject to survey and to be provided by the City of Shakopee, if necessary. 2 . This property is adjacent to the City of Shakopee. 3 . Shakopee Public Utilities shall construct and provide the following municipal water and electricity to this property by November 30, 1999 . Within three years after annexation, the City of Shakopee shall provide public sanitary sewer to this property. 4 . The parties agree to the following div s ntsof thetax revenues from and s_ecial assessments for local property: (a) Property taxes : Taxes based on the 1994 tax capacity shall be paid to the Township of Jackson each year, ending on December 31, 1999 . The amount of any current :axes which exceed the 1994 tax capacity shall be paid to the City of Shakopee . (b) The property shall not be assessed for utility and street improvemer.os until said improvements have been determined by the City to benefit the property as required by :.:innesota Statutes Chapter 429 . After such determination, the property may be assessed according to present City policy. 5 . As a condition precedent to annexation, authority from the appropriate metropolitan Governmental agencies to chane and adjust the "MUSA line" boundary to include the property designated or f annexation: shall be obtained. The 30-day period for approval this Joint Resolution for Annexation by the Minnesota Municipal Board under Yinn. Stat . Sec. 414 . 0325, Subd. 1, shall be withheld until such authority has been obtained. The 30-day period for approval also shall be delayed until a survey description is provided to the Minnesota Municipal Board if they deem it advisable or necessary. 6 . The property shall be zoned according to Cityo the normal zoning The designation procedure in the City. in arrivingat the pee Comprehensive Plan shall guide the City appropriate zoning of the property. It is presently the intent of the City to zone this property for urban residential development, R-2 , following all due process including a public hearing as required by law. The City Council shall act upon the recommendation of the City Planning Commission within 60 days after receiving the order of the Municipal Board for annexation of the property. 7 . The City of Shakopee and the Township of Jackson agree that no alteration of the stated boundaries of the property is appropriate . Furthermore, the parties agree that no consideration by the Municipal Board is necessary, except as hereinabove provided. Upon receipt of this resolution, passed and adopted by each party, the Municipal Board may review and comment, but shall, within thirty (30) days, order the annexation in accordance with the terms of this joint resolution. Approved by the City of Shakopee this day of 1994 . City Clerk Mayor Approved by the Township of Jackson this day of , 1994 . Town Board Chair To•::n Board Clerk [26ANX] -2- ORDERLY ANNEXATION AGREEMENT This Agreement, made and entered into this day of , 1994 , by and between the City of Shakopee, Minnesota, with offices at 129 S. Holmes St . , Shakopee, MN 55379, and the Township of Jackson, Minnesota, with offices at WHEREAS, the City of Shakopee and the Township of Jackson desire to accommodate growth in the most orderly fashion; and WHEREAS, a joint orderly annexation agreement between the parties hereto is beneficial to both parties from the standpoint of orderly planning and orderly transition of government within the area proposed to be annexed, and provides the guidelines under which such annexation shall take place . NOW THEREFORE, it is agreed by and between the City of Shakopee and the Township of Jackson that the property herein is proposed to be annexed by the City of Shakopee and shall be annexed subject to the following terms and conditions : 1 . The property which is covered by this orderly annexation agreement is legally described as follows : All land north of the centerline of the Shakopee by-pass and south of Tenth Avenue, the exact description being subject to survey and to be provided by the City of Shakopee, if necessary. 2 . This property is adjacent to the City of Shakopee . 3 . Shakopee Public Utilities shall construct and provide the following municipal water and electricity to this property by November 30, 1999 . Within three years after annexation, the City of Shakopee shall provide public sanitary sewer to this property. 4 . The parties agree to the following division of tax revenues from and special assessments for local improvements tc the property: (a) Property taxes : Taxes based on the 1994 tax capacity shall be paid to the Township of Jackson each year, ending on December 31 , 1999 . The amount of any current taxes_Shakopee . (b) to the 1994 tax capacity shall be paidthe City of P e (b) The property shall not be assessed for utility and street improvements until said improvements have eendetermined srota by the City to benefit the property as required by M Chapter 429 . After such determination, the property may be assessed according to present City policy. 5 . As a condition precedent to annexation_, authority from. the appropriate metropolitan governmental agencies to change and adjust the "MUSA line" boundary to include the property designated for annexation shall be obtained. The 30-day period for approval of this Joint Resolution for Annexation by the Minnesota Municipal Board under Minn. Stat . Sec . 414 . 0325, Subd. 1, shall be withheld until such authority has been obtained. The 30-day period for approval also shall be delayed until a survey description is provided to the Minnesota Municipal Board if they deem it advisable or necessary. 6 . The property shall be zoned according to the normal zoning designation procedure in the City. The City of Shakopee Comprehensive Plan shall Guide the City in arriving at the appropriate zoning of the property. It is presently the intent of the City to zone this property for urban residential development, R-2 , following all due process including a public hearing as required by law. The City Council shall act upon the recommendation of the City Planning Commission within 60 days after receiving the order of the Municipal Board for annexation of the property. 7 . The City of Shakopee and the Township of Jackson agree that no alteration of the stated boundaries of the property is appropriate . Furthermore, the parties agree that no consideration by the Municipal Board is necessary, except as hereinabove provided. Upon receipt of this resolution, passed and adopted by each party, the Municipal Board may review and comment, but shall, within thirty (30) days, order the annexation in accordance with the terms of this joint resolution. Executed the date and Year first above written. Township of Jackson, Minnesota City of Shakopee, Minnesota By By Town Board Chair r:ayor By By Town Board Clerk City Administrator By City Clerk [26ANX] -2- fly SCOTT COUNTY OFFICE OF THE ADMINISTRATOR COURTHOUSE 110 ?1 428 S. HOLM ES ST. .-:.1;•?;' SHAKOPEE, MN 55379-1382 (612)496-8100 FAX #(612)496-8180 CLIFFORD G.McCANN County Administrator January 24, 1994 Mr. Dennis Kraft City Administrator, Shakopee Shakopee City Hall 129 South Holmes Shakopee, MN 55379 Dear Mr. Kraft: RE: Appointment of Managers to the Prior Lake/Spring Lake Watershed District Board Pursuant to Minnesota Statute 112.42 and the Scott County policy on Citizen Appointments to Scott County Advisory Boards and Committees (Resolution No. 89030 adopted April 11, 1989), the Board of Commissioners of Scott County is requesting your nominations for the appointment of two managers to the Prior Lake/Spring Lake Watershed District Board of Managers. The terms of Gerald Meysembourg and Betty Erickson Kotek will expire on March 3, 1994. Both incumbents have expressed an interest in serving another term. In accordance with Minnesota Statute 112.42, no person shall be appointed who is not a voting resident of the watershed district, and none shall be a public officer of the County, State or Federal government, except that a soil and water conservation district supervisor may be appointed as a manager. Gary L. Cunningham Barbara Ness Jan Murphy Deputy Administrator Executive Assistant Administrative Assistant An Equal Opportunity/Affirmative Action Employer Mr. Dennis Kraft Page 2 The Board of Commissioners requests that you submit your recommendations for this appointment as soon as possible and no later than February 17, 1994. Please contact your County Commissioner or submit your recommendations to this office. Thank you for your attention to this matter. Very truly yours, (`Fi(7a4' Cli jy.rd G. McCann CoK' y Administrator / jfh c: County Commissioners Bill Dilks, Prior Lake/Spring Lake Watershed District File: Prior Lake/Spring Lake Watershed District LI I T 3490 Lexington Avenue North St. Paul,MN 55126 League of Minnesota Cities (612)490-5600 January 18, 1994 TO: Mayors, Managers/Administrators, Clerks Councilmembers (% City Clerk) FROM: Chuck Winkelman, President, League of Minnesota Cities Mayor, St. Cloud SUBJ: Nominations for the 1994 C. C. LUDWIG AWARD and LEAGUE OF MINNESOTA CITIES LEADERSHIP AWARD For over 25 years the C. C. Ludwig Award has been presented to outstanding city officials annually. Established in 1962 , the award honors the late C. C. Ludwig, League Executive Secretary from 1935-1958 . Because each year many excellent nominations for both elected and appointed city officials are received, the C. C. Ludwig Award Committee recommended to the Board of Directors that separate awards be established. In 1993 , the League of Minnesota Cities Leadership Award was established to recognize the accomplishments of appointed city officials, and the C. C. Ludwig Award was designated for elected city officials. The awards recognize outstanding leadership and the pursuit of excellence in municipal government, along with unselfish concern for public welfare. Nominations are now open and you are encouraged to nominate any city official meeting the criteria outlined in the attached rules. Deadline to submit nominations is April 15, 1994 . A panel of judges, consisting of distinguished Minnesotans, will review all nominations. In order to provide the necessary insight for the judges, it is important to provide supporting documents as described in the attached nomination forms. We encourage you to send all supporting documents in a three-ring notebook. The enclosed rules and instructions for the awards will provide you with the necessary information to prepare the nomination forms. (OVER) Awards Page2 The awards will be presented at the League's 1994 annual conference in St. Paul to officials of a member city, who in the opinion of the judges has the most outstanding record of public service among those nominated. The judges may present two awards in each category when the nominees meet the standards of excellence befitting the award. When two awards are presented, one award must go to an official from a city of less than 10, 000 population. For further information, please contact Darlyne Lang at the League office (612) 490-5600. D:CCLLTR OFFICIAL PROCEEDINGS OF THE HOUSING & REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 4 , 1994 Chrmn. Beard called the meeting to order at 7 : 08 PM with Comm. Lynch, Laurent, Dirks and Sweeney present . Also present : Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director, and Judith S . Cox, City Clerk. Laurent/Lynch moved to approve the December 7, 1993 meeting minutes . Motion carried unanimously. Chrmn. Beard opened the floor for the submission of nominations for the election of chair, vice-chair and secretary. Laurent/Sweeney moved to nominate Joan Lynch as Chair of the HRA. Sweeney/Laurent moved the Hgp,nominations ion carni d and unanimously. to nominate Joan Lynch for Chair of Laurent/Beard moved to nominate Bob Sweeney as Vice-Chair of the HRA. Laurer, /Beard moved nominations be closed and to nominate Bob Sweeney for Vice-Chair of the HRA. Motion carried unanimously. Laurent/Beard moved to nominate ks as Secretary of the HRA. Sweeney/Beard moved nominations be closed and to irate Kris Dirks as Secretary of the HRA. Motion carried unanimously. Mr. Stock commented on the letter of credit from Jacobs Realty, Inc. He stated that the reference to the developers agreement has been deleted from the memorandum of understanding and the letter of credit is now in order according to the bond counsel . Ms . Marty explained the letter of credit that was originally received and stated that she did not feel comfortable with the letter and asked the bond counsel to review it . Beard/Laurent moved to authorize the appropriate HRA officials to execute the memorandum of understanding by and between Jacobs Realty, Inc . and the Shakopee Housing and Redevelopment Authority for the City of Shakopee dated January 4, 1994 . Motion carried unanimously. Dan Lindsey, Vice President of Jacobs Realty Inc . , stated that he could answer any questions by the Commission. He informed the Commission that the letter of credit would be written on the First National Bank of Minneapolis and in the same terms as the existing letter of credit, with a declining balance . Motion carried unanimously. Laurent/Sweeney moved to adjourn the HRA meeting at 7 : 16 PM. Motion carried unanimously. Dennis R. Kraft Executive Director Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAROPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 4, 1994 Mayor Laurent called the meeting to order at 7:04 PM with Cncl. Lynch, Beard, Dirks and Sweeney present. Also present: Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director, and Judith S. Cox, City Clerk. Beard/Sweeney moved to endorse Council Meeting Objectives and Procedures as outlined (CC DOC #206) . Motion carried unanimously. Lynch/Beard offered Resolution 3930, Appointments to Housing & Redevelopment Authority. Motion carried unanimously. Councilmembers added to the agenda 17a) Pawn Shop Regulations and 17b) AMM Commission discussions. Sweeney/Dirks moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed the City Council meeting at 7:08 PM for an H.R.A. meeting. Mayor Laurent reconvened the City Council meeting at 7: 16 PM. Sweeney/Lynch moved to endorse the Mayor's recommendations for Councilor appointments to Boards and Commissions for 1994, as outlined ins his memo dated 12-29-93 (CC DOC #207) . Motion carried unanimously. Shakopee Public Utilities Commission Liaison - Bob Sweeney Murphy's Landing Liaison - Joan Lynch Independent School District #720 Liaison - Kris Dirks Scott County Board of Commissioners Liaison - Bob Sweeney Shakopee Clubs and the Shakopee Coalition - Kris Dirks Shakopee Convention and Visitors Bureau - Mike Beard Association of Metropolitan Municipalities - Joan Lynch Alternate to AMM - Kris Dirks Suburban Rate Authority - Mike Beard Suburban Rate Authority Alternate - Bob Sweeney Vice Mayor, City of Shakopee - Mike Beard Sweeney/Lynch offered Resolution No. 3934, A Resolution Designating Director and Alternate Director to the Suburban Rate Authority, and moved its adoption. Motion carried unanimously. Liaison reports were given by the Councilmembers. Mayor Laurent had nothing to report for the Mayor's report. Mayor Laurent asked if anyone present in the audience wished to speak on any item not on the agenda. Official Proceedings of the January 4, 1994 Shakopee City Council Page -2- Bo Spurrier, Planning Commission, commented that he would not be re-applying for a seat on the Planning Commission in 1994. He stated that he was not pleased with how things were being handled with the Planning Commission and the City Council. He distributed to Council a list of items describing how services are delivered to the community. Mr. Foslid, Scott County Board Commissioner, commented on the reorganization meeting of the County Board. He stated that the third floor of the courthouse is being remodeled for Human Services. Councilmembers added to the consent business: 14a) Sienna Corporation request for rezoning and deletion of mandatory PUD for Lenzmeier Property and 15b) Canterbury Downs Letter of Credit. Councilmembers deleted from the consent business: 16a) Resolution No. 3931 - Apportionment of Special Assessments for Milwaukee Manor First Addition. Beard/Lynch moved the approval of the consent business as modified. Motion carried unanimously. Sweeney/Lynch moved approval of Minutes of December 7, 1993 . Motion carried unanimously. Sweeney/Lynch moved to receive and file the letter from Bill Koniarski, Chair, Scott County Transportation Coalition regarding Minnesota highway system in crisis. Motion carried unanimously. Mr. Hutton gave a brief presentation on the sidewalk improvements along Marschall Road from 4th to 10th and along 10th Avenue from Tyler to the Mall. He stated this is a non-assessed project. The Planning Commission had developed a Comprehensive sidewalk and trail plan for the city and adopted it in 1992 . The criteria used to select the streets for sidewalks were main collector roads, school park areas, school pedestrian routes and commercial areas. Mr. Hutton stated that the sidewalk on 10th would run to the mall parking lot, where there is already a path worn, however easements maybe required for this project. He commented that the Church property was concerned about a sign they have that may interfere with the sidewalk. Mr. Hutton stated the city would work with the Church in the design of the sidewalk to not interfere with the sign. Jim Engel, Lutheran Church, stated they were concerned about the cost, but since this is not going to be assessed had no problems with the project. John Nelson stated that he did not think the sidewalk should be put on the thoroughfare since pedestrians are going to get hurt with the way the road is sloped and the corner. He commented on the Official Proceedings of the January 4 , 1994 Shakopee City Council Page -3- snow removal issue. He also stated that he has some trees that would interfere with the sidewalk and wondered what could be done to save his trees. Mr. Hutton explained that snow removal on CR 17 is a problem since the sidewalks are so close to the curb and the property owners are required to maintain the sidewalks according to City policy. He stated that he had not had a chance to review the police reports on this corner to determine the safety issue, but would look into that. No action was taken on this matter. The work was ordered at a previous meeting. This was only an informational hearing for affected residents. Beard/Lynch moved to accept the request to withdraw the application for rezoning to R-2 and deletion of the mandatory PUD from Sienna Corporation. (Motion carried under consent business. ) Beard/Lynch moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1994 . (Motion carried under consent business. ) Beard/Lynch moved to remove the Canterbury Downs Letter of Credit from the table. Motion carried unanimously. Beard/Lynch moved to authorize the appropriate City officials to execute the memorandum of understanding by and between Jacobs Realty, Inc. and the City of Shakopee dated Janaury 4 , 1994 . (Motion carried under consent business. ) Beard/Sweeney moved to direct staff to have Shakopee Public Utilities Commission install a street light on the west side of Marschall Road at Vierling Drive for a cost not to exceed $692 . 16 utilizing the Capital Improvement Fund because this intersection is located in a major commercial area and is intersected by a collector and an arterial street. Motion carried unanimously. Beard/Lynch moved to adopt the Infiltration and Inflow Study dated December 6, 1993 as prepared by Short-Elliott-Hendrickson, Inc. as the City of Shakopee's official policy regarding Infiltration and Inflow. (Motion carried under consent business. ) Beard/Lynch moved to make nominations to Boards and Commissions as follows: to Planning Commission and Board of Adjustment and Appeals, Jane Dubois, Terry Joos, Pat Dauenhauer, and Gary Morke; to Park and Recreation Advisory Board, Anne Seifert and Paulette Rislund, to Board of Review, Eldon Reinke, Steve Clay and Richard Marks; to Building Code Board of Adjustments and Appeals/Housing Advisory & Appeals Board, Gene Juergens; to Shakopee Public Utilities Commission, Gloria Vierling and Terry Joos; to Police Official Proceedings of the January 4, 1994 Shakopee City Council Page -4- Civil Service Commission, Stan Von Bokern and Gary Morke; to Community Development Commission, Jon Albinson, Gary Morke, and Charles Brandmire, to the Cable Communications Advisory Commission & Shakopee Community Access corporation Board of Directors, Larry Moonen. (Motion carried under consent business. ) Beard/Lynch moved to transfer from the Capital Equipment Fund to the General Fund $290, 317.89 for the purchase of equipment in 1993. (Motion carried under consent business. ) Beard/Lynch moved to authorize the purchase of a full size police squad from Superior Ford in the amount of $14,708 .00 plus delivery in accordance with the State contract. (Motion carried under consent business. ) Beard/Lynch moved to authorize the purchase of a compact pickup from Polar Chevrolet in the amount of $9, 124, 00 under the Hennepin County Cooperative contract. (Motion carried under consent business. ) Beard/Lynch moved to authorize the purchase of a suburban from Polar Chevrolet in the amount of $23, 116. 00 in accordance with the Hennepin County Cooperative contract. (Motion carried under consent business. ) Beard/Lynch moved to authorize the purchase and installation of a computer bridge in the estimated amount of $9, 500. (Motion carried under consent business. ) Beard/Lynch moved to approve bills in the amount of $261,737. 33 . (Motion carried under consent business. ) Beard/Lynch moved to waive the 30 day review period of the Shakopee Senior Graduation Party, Inc's application for authorization for exemption from lawful gambling license and approve said application. (Motion carried under consent business. ) Judith Cox explained that each year the City is required to submit to the County any special assessments that have been assessed or the apportionment of existing special assessments because new subdivisions have been platted. She stated the reason for that is when there's a plat the lots in the new plat get new parcel numbers and the old parcels that used to exist those parcel numbers become non-existent. Ms. Cox stated that the special assessments have been adopted and the legal procedures have been completed. Mayor Laurent stated that the apportionment for lots in Milwaukee Manor would be divided among the properties owned by Mr. Menke. Mr. Menke, Milwaukee Manor Developer, was concerned since the original assessment was going to litigation that he would have to Official Proceedings of the January 4, 1994 Shakopee City Council Page -5- start over again because of the Council's decision on the apportionment. Ms. Marty stated that the original appeal deals with the total amount of the assessment and therefore anything that is done on this agenda item would not effect the amounts of the original lawsuit. Sweeney/Lynch offered Resolution No. 3931, A Resolution Apportioning Assessments Among New Parcels Created as a Result of Platting of Milwaukee Manor First Addition, and moved its adoption. Motion carried unanimously. Beard/Lynch offered Resolution No. 3932, A Resolution Apportioning Assessments Among New Parcels Created as a Result of Platting of The Meadows 9th Addition, and moved its adoption. Motion carried unanimously. Beard/Lynch offered Resolution No. 3935, A Resolution Authorizing Execution of Proxy in Favor of Certain Amendments to the Declaration of Trust of the Minnesota Municipal Money Market Fund, and moved its adoption. (Motion carried under consent business. ) Beard/Lynch offered Resolution No. 3936, A Resolution Requesting Use of a Scott County Building for Police Training, and moved its adoption. (Motion carried under consent business. ) Cncl. Beard commented on the pawn shops in Shakopee. He stated that there are ordinances to regulate pawn shops and wondered if the City could go a step further by having the police/legal officials have a mechanism for insuring that items of larger value, that are easily stolen, are registered or possibly a photo of the person and the product. Cncl. Sweeney stated that Bloomington has such an ordinance and it requires that the transaction be photographed at the time it is taking place. Mayor Laurent suggested Ms. Marty review the ordinances from Bloomington and other cities. Cncl. Sweeney commented on what he would be proposing to the AMM as liaison the following propositions: 1. Concentrated low-income housing probably contributes to the problems that are associated with low-income housing. He stated that the Commission should inventory the housing and determine how much low-income available housing is actually existent in various local government units. 2 . The Committee should address the inventory of the housing stock and also identify what is meant by the term "low-income housing" . One possibility would be to have developers set aside a portion of their project for low income housing. Official Proceedings of the January 4, 1994 Shakopee City Council Page -6- Jon Albinson commented that he supported spreading low-income housing but was concerned that a housing development project proposing to construct $300,000 homes might have a difficult time providing lots for low-income housing. Cncl. Sweeney stated that possibly a program like the park dedication program where land or dollars are dedicated would be a possible solution to the concern raised by Mr. Albinson. Mayor Laurent recessed the City Council meeting at 9:00 PM for an Executive Session to discuss matters covered under the attorney- client privilege. Mayor Laurent reconvened the City Council meeting at 9:08 PM. No action was taken during the Executive Session. Mayor Laurent adjourned the meeting to January 11th, 1994 at 7: 00 PM. The me ting adjourned at 9:08 PM. J ith S. Co i y Clerk Debra Zabel Recording Secretary • THE OFFICE OF THE .:� : SCOTT COUNTY ATTORNEY COURTHOUSE 206 428 S. HOLMES ST. SHAKOPEE, MN 55379-1380 (612)-496-8240 FAX# (612)-496-8275 JAMES A.TERWEDO County Attorney CURFEW I. Purpose This curfew for minors within Scott County is being implemented for four primary reasons: a. To protect the public from illegal acts of minors • committed after the curfew hour; b. To protect minors from improper influences that prevail after the curfew hour; c. To protect minors from criminal activity that occurs after the curfew hour; and d. To help parents and legal guardians control their minor children. Criminal Division Civil Division Juvenile Division Victim/Witness Thomas J.Harbinson, Brian A.Nasi Peggy A.Flaig Assistance First Assistant Christopher E. Moms Mary M.Pieper Jim W. Petersen Susan K.McNellis Neil G.Nelson Conrad J.Skoniecmy aures . , . III An Equal Opportunity/Affirmative Action Employer -' II. Definitions. a. Primary care or custody: refers to the person who is responsible for providing food, clothing, shelter and other basic necessities to the minor. The person providing primary care or custody to the minor cannot be another minor. b. School Activity: an event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event. c. Supervised voluntary association: scouts, 4-H, community leagues, fraternal and social clubs or other community events. Examples of such events include, but shall not be limited to, the following: dances, community celebrations and carnivals. d. Emergency errand: a task that if not completed promptly threatens the health, safety or comfort of the minor or a member of the minor's household. This includes but is not limited to seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or man-made calamity. e. Places of entertainment, amusement or refreshment: these places include but are not limited to movie theaters, pinball arcades, shopping malls, amusement parks, restaurants and bowling alleys. III. Curfew--Persons under sixteen years of age. It shall be unlawful for any person under the age of sixteen (16) years to be on or present in any public street, avenue, alley, park or other public grounds or building, place of amusement, entertainment or refreshment, vacant lot or any other unsupervised place within Scott County between the hours of 10: 00 PM Sunday through Thursday (other than evenings preceding legal holidays) and 6 : 00 AM of the following day, and between the hours of 11: 00 PM Friday, Saturday and the day preceding a legal holiday and 6: 00 AM of the following day unless: a. the minor is accompanied by his or her parent, guardian, or other adult person having the primary care and custody of the minor or one exercising temporary supervision over the minor; b. the minor is returning home by direct route from and within thirty (30) minutes after the conclusion of a school activity, an activity of a religious or supervised voluntary association; c. the minor is in a place or returning home from such place connected with and required by some legitimate business, trade, profession or occupation in which said minor is permitted by law to be engaged; d. the minor is in a motor vehicle with parental consent for normal travel with intercity travel to, through or from any city within Scott County being excepted in all cases from the curfew; or e. the minor is on an emergency errand. IV. Curfew--Persons over sixteen and under eighteen years of age. It shall be unlawful for any person under the age of eighteen (18) years and over the age of sixteen (16) years to be on any public street, avenue, alley, park or other public grounds or building, place of amusement, entertainment or refreshment, vacant lot or any other unsupervised place within Scott County between the hours of 10:30 PM Sunday through Thursday (other than evenings preceding legal holidays) and 6: 00 AM of the following day and between the hours of 12 : 00 Midnight Friday, Saturday and - the day preceding a legal holiday and 6: 00 AM of the following day unless: a. the minor is accompanied by his or her parent, guardian or other adult person having the primary care and custody of the minor or one exercising temporary supervision over the minor; b. the minor is returning home by direct route from and within thirty (30) minutes after the conclusion of a school activity, an activity of a religious or supervised voluntary association; c. the minor is in a place or returning home from such place connected with and required by some legitimate business, trade, profession or occupation in which said minor is permitted by law to be engaged; d. The minor is in a motor vehicle with parental consent for normal travel with intercity travel to, through or from any city within Scott County being excepted in all cases from the curfew; or e. The minor is on an emergency errand. V. Curfew--Responsibilities of parents. It shall be unlawful for any parent, guardian or other person having the legal custody and control of a minor under the age of eighteen (18) years to knowingly or negligently permit such minor to violate the provisions of sections I through V. VI. Effect on control by adult responsible for minor. Sections I through VI are not to be construed to give a minor the right to stay out until the curfew hours designated herein if otherwise directed by a parent, guardian or other adult person having the primary care and custody of the minor; nor should it be construed to diminish or impair the control of the adult person having primary care of custody of the minor. VII.Curfew--Responsibility of operator of place of entertainment. It shall be unlawful for any person operating or in charge of amusement, entertainment or refreshment, or any other place of business to permit any minor under the age of eighteen (18) years to loiter, loaf or idle in such place during the hours prohibited by sections I through V. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business shall find persons under the age of eighteen (18) years loitering, loafing or idling in such place of business, he shall immediately order such person to leave, and if such person refuses to leave the place of business, the operator shall immediately notify the police department and inform them of the violation. This section shall not be construed as permitting the presence at any time of any person under the age of eighteen years in any place where his presence is now prohibited by an existing law or ordinance. VIII. Penalties 1. First Offense: A minor found to be in violation of this ordinance shall be guilty of a petty misdemeanor and shall be sentenced to the payment of a fine of $25. 00. 2 . Second Offense within one year: A minor found to be in violation of this ordinance on two separate occasions within the period of one year shall be guilty of a petty misdemeanor and shall be sentenced to the payment of a fine of $50. 00 or to 10 hours of Community Service or any combination thereof. 3 . Subsequent violations within one year: A minor found to be in violation of this ordinance on more than two separate occasions within the period of one year shall be guilty of a petty misdemeanor and shall be sentenced to the payment of a fine of $100. 00 or to 20 hours of Community Service or any combination thereof. IX. Penalties: Adults Any parent, guardian, or other adult person having the primary care and custody of a minor or one exercising temporary supervision of a minor who has knowingly or negligently permitted such minor to violate this ordinance on at least one prior occasion shall be guilty of a misdemeanor. NOTICE OF CURFEW ORDINANCE VIOLATION ICR# CHILD'S FULL NAME: DOB: ADDRESS` PHONE: COUNTY OF RESIDENCE: CHILD LIVES WITH: FATHER'S NAME: DOB: FATHER'S ADDRESS: PHONE: MOTHER'S NAME: DOB: MOTHER'S ADDRESS: PHONE: DATE?LMELOCATION OF OFFENSE: ARRESTING AGENCY: It shall be unlawful for any person under the age of sixteen(16)years to be on or present in any public street,avenue,alley,park or other public grounds or building,place of amusement,entertainment or refreshment,vacant lot or any other unsupervised plane within Scott County between the hours of 10:00 PM Sunday through Thursday(other than evenings preceding legal holidays)and 6:00 AM of the following day,and between the hours of 11:00 PM Friday,Saturday and the days preceding a legal holiday and 6.•00 AM of the following day unless one of the exceptions stated below is met. It shall be unlawful for any person Lader the age of eighteen(18)years and over the age of sixteen(16)years to be on any public street,avenue,alley,park or other public grounds or building,place of amusement,entre Jnt or refreshment,vacant lot or any other unsupervised place within Scott County between the hours of 10:30 PM Sunday through Thursday(cher than evenings preceding legal holidays)and 6:00 AM of the following day and between the hours of 12:00 Midnight Friday,Saturday and the days preceding a legal holiday and 6-00 AM of the following day unless ore of the exceptions stated below is met. It shall be unlawful for any parent,guardian or other person having the legal custody and control of a minor under the age of eighteen(18)years to knowingly or rwgligcntly permit such minor to violate the provisions of this ordinance. EXCEPTIONS: A minor is not in violation of the curfew ordinance if: A)The minor is accompanied by his or her parent,guardian or other adult person having the primary care and custody of the minor or one exercising temporary supervision over the minor, B)The minor is returning home by direct rotate from and within thirty(30)minutes after the conclusion of a school activity,an activity of a religion or supervised voluntary association; C)The minor is in a place or returning home from such place corrected with and required by some legitimate business,trade,profession or occupation in which said minor is permitted by law to be engaged; D)The minor is in a motor vehicle with parental consent for normal travel:intercity travel to,through or from any city within Scott County is excepted in all cases from the curfew;or E)The minor is on an energ.,,wy errand. PENALTIES: First Offense: A minor fond to be in violation of this ordinance shall be guilty of a petty misdemeanor and shall be sentenced pay a fire of 525.00. Second Offense within ore sear:A minor found to be in violation of this ordinance on two separate occasions within the period of one year shall be guilty of a petty misdemeanor and shall be sentenced to pay a fine of 550.00 or connplete 10 hours of Community Service or any combination thereof. Subsequent Offenses:A minor found to be in violation of this ordinance on more than two separate occasions within the period of ore year shall be guilty a petty misdemeanor and shall be sentenced to pay a fine of 5100.00 or complete 20 hours of Community Service or any combination thereof. Adult Offenders: Arty parent,guardian, or other adult person having the primary care and custody of a minor or one exercising temporary supervision of a minor who has knowingly or negligently permitted such minor to violate this ordinance on at least one prior occasion shall be guilty of a misdemeanor. SUMMARY OF OFFENSE: ARRESTING OFFICER: BADGE NUMBER: Distribution: WHITE: Crary Attorney's Office YELLOW: Parent/Guardian PINK: Police Officer '-i k n ^ ?G CD _? CSD CD (D C7 v °�.. aa•r� �iR'n ,j r;t O tan A ? , = C CD O. O CD 'C CD 0 t -g .4qt*% / c C O •� C O ..s aA-' " ° (1) R.w8CD �, ,Fr�3 �. . < to = O0O a r .. ,. " - (D (D 0 O O O a. vOi co �."< -0 C �Z s . ,."" a 3 .c' to a) o 'a DC s • s r stn 3 � 3 o � � (D � � mom ` y ti_ -n CD (nO A (D CD r. O 0.r�! (AD C O� a ✓sz i s: i ,g•1 Q G `< n cD O o (D . A d y: .. ., •m•*- ,y*�'< 7• •.D Sy l �. R ¢7 CD cii " A C c ~ �F n j civ t 4 CA on �6 k ..s A a) a. ^ A C i n i r g cD m a = 0 Fiala: COQ O O C br. O O p) ., OnO N O C � O 3'� z` K'7rE �� y '.4 . -. _ _ a _ t0/� ►Z O 7' O CD O OQ CD C. (')c :N.,:,---,.. ....,10::P:7.. tz5..<7.,;:;f.::.- - ..- : • 0 o w cn • CD CD A CD UQ �' ..j C O O 0 i s ■■ \. 0 CD ",,, �. O Al = �' �` f 11. co- Y+ r. 0 `Z 0 O' CJ = 0Lr.. y ill IUWiI cn . .. CD v CD CCD to cD cn T mai • o c c � o O 2 c a� s cn o CDo o cDu, D • E : rill o -�cn CD fz/:::.:,* .V.,-. 7,..., -..,......i.. ..:, . 0 c, Cr CA 23 . a. O'- C e 0 6 5-a) W L moo; .+ O O �N ,w c� mg. ,. cp 6 � (D = --I = ., ��� VI a � � c• 0 O � � CDC Asa s 00.3 c y 0206"1"1)00 z' ( (CD •<-... ..,..es..,,,,,.k. m p cn d 7 << :--' tai o ? .:._. :: c 3 1'1'I= • a Cl) CD a O a Q� •t x`c 2 y z wF 3 a `G �, y . O CD - O CD 0 =y '0 O / g �f '. A'_a - vii cro 0 0-cit; (D to to r! r� to r� r� �. � � / �1 � ... �� x-- Cl. ? 0 ,F.',. a) U) = x♦� s. m = \ , • c,D `< A5 toA) 2) ' , si. r • � a• V0.% C O a<< CD a y 3 o 5CD a � >4a) 0 31 • ao i� < � _ — � � '� OQ v . » C' 7 a) O•-t `.< CCD (CD (�D d ▪ w wiv cOD cOD y CD X •v 8 0 O v ) 0 i I(-D n ;; 5 0 m5si cpo 0 O A) ... 0' � t/� UF a � � a ... A O CD to to cn p_a) • 0 O 0 rc to G — CD - a3 �' � +y� `.,,,F a c `: te. c �. r--3 a) O a •5'? eA ` t• ` fD tet A CPO • co \ + cOCAA aCD C '-r : "t CD a w JONSENr 12- 4, MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE : Vanpool Contract Extension DATE : January 24 , 1994 INTRODUCTION: The current contract with the Vanpool Services, Inc . for the provision of Vanpool services in Shakopee expires on April 16, 1994 . The Energy & Transportation Committee is recommending to City Council that the appropriate City officials be authorized to extend the contract for one additional year consistent with the terms set forth in the existing agreement . BACKGROUND: In March of 1992 upon solicitation of proposals, the Shakopee City Council authorized the appropriate City officials to enter into a two year agreement with Vanpool Services, Inc . Vanpool Services, Inc . provides administration and vehicles to accommodate the City' s Vanpool Program. The contract approved in 1992 included language providing for a third year renewable option. The Energy & Transportation Committee is recommending that the appropriate City officials be authorized to extend the contract with Vanpool Services, Inc. for one additional year consistent with the provisions set forth in the agreement providing for a third year renewable option. Vanpool Services, Inc . has been the City' s Vanpool provider since 1985 . Staff has been satisfied with the level of service provided by Vanpool Services, Inc . over the years and believes that exercising the third year renewable option at this time would be in the best interest of the City. ALTERNATIVES: 1 . Authorize the appropriate City officials to exercise the third year option agreement with Vanpool Services, Inc . for the provision of Vanpool services in Shakopee . 2 . Do not extend the agreement with Vanpool Services, Inc. for an additional year as provided for in the agreement . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Authorize the appropriate City officials to exercise the third year option agreement with Vanpool Services, Inc . for the provision of Vanpool services in Shakopee . BAS/tiv S Thomas J. Reiter & Associates Get 199 Attorneys at Law 'j �► The Saint Paul Building 0 SAN 6 west Fifth Street, Seventh Floor ` Saint Paul, Minnesota 55102-1420 tTelephone (612) 297-6400 Fax (612) 224-8328 Thomas J.Reiter Jay L.Johnson January 31, 1994 Rebecca F.Schiller The Honorable Gary Laurent Mayor of Shakopee City Hall 129 Holmes Street South Shakopee, MN 55379 RE: Murphy's Landing Site Letter of Intention to Purchase Dear Mayor Laurent: My client, Middle American Investors, Inc. , a Minnesota Corporation, hereby offers to purchase from the City of Shakopee, Minnesota, the property commonly known as Murphy' s Landing, with a proposed legal description in Attachment A hereto, under the following basic terms and conditions: The selling price shall be $325, 000. 00 with earnest money to be paid in the amount of $32 , 500. 00 upon execution of a formal and detailed purchase contract, a draft of which is attached hereto as Attachment B. The balance of the purchase price will be deposited within three (3) business days after execution of the formal purchase contract and held in accordance with an escrow agreement among Seller, Buyer and ATI Title Company. Included in the sale will be all improvements upon the land. The sale is contingent upon 1) the parties negotiating acceptable restrictive covenants regarding the use of the site as a historical museum and interpretive center; 2) the City acquiring the interests of any other entity which may have an interest in the property and conveying the interest to purchasers for the stated purchase price; and 3) acceptable resolution of the approximately 25 Section 8 housing assistance tenancy contracts at the site. The Honorable Gary Laurent January 31, 1994 Page Two Statement of Proposed Use Major entertainment developments in and around the Shakopee area provide an opportunity for the Murphy's Landing site to expand its unique characteristics to compliment and diversify existing activities. Its close proximity to the Twin Cities and the present draw to the area's existing activities guarantee considerable exposure to potential users of the site. The proposed use will be a living museum and interpretive center similar to it present form but on an expanded basis. The focus will continue to be the Minnesota River Valley formative development period commencing with the period for the century immediately prior to opening of the area to pioneer settlement in the 1840 's and life thereafter to the turn of the century. Of utmost importance is historical integrity to ensure an authentic reflection of the experience of this time period. Proposed plans will be guided by paid historian consultants in an effort to portray accurate references to the period architecture, themes and activities. Activities under consideration include: - expanded living museum with seasonal shuttle service from existing, nearby entertainment sites; - day-long field trips guided by trained interpreters for grade and high school students to explore and research this fascinating period of Minnesota history; - development of a regional, cultural learning center for college level internship and adult education; - a period restaurant serving authentically prepared meals; - limited, overnight period lodging; - to explore through consultation with period Indian experts, the relevance of the Indian burial mounds on the site to ascertain the historical relationship they bear to the past activities of the site and to ensure preservation of the mounds to protect whatever religious/spiritual significance they have to Indian people. - Week-end festivals featuring one or more of the diverse ethnic groups which played critical roles in the period' s development; - expanded general store selling authentically reproduced clothing, tools, artifacts and jewelry made on site. The Honorable Gary Laurent January 31, 1994 Page Three It is anticipated that a substantial marketing effort will result in a significant level of use so that gate receipts, user fees, restaurant and merchandising sales will generate sufficient cash flow to operate the project at a break even point after a one- year start up period. The proposed purchase agreement assumes that the City of Shakopee chooses not to extend the current Agreement for the Operation and Management of Murphy' s Landing with the MVRP. In the event the Agreement is extended the purchasers would agree to negotiate the sale and take "subject to" the Agreement for a reasonable time period. The terms of this letter of intent shall be in force and effect until withdraw in writing or until a formal contract is drawn and signed by all parties. Sincerely, ogir Thomas J. Reiter Attorney At Law TJR:cl cc: Middle American Investors, Inc. Enclosure TR029 ATTACHMENT A PROPOSED LEGAL DESCRIPTION The following part of the City property, which City property is described as follow, to wit: Government Lots 1 and 2, Section 32, Township 116 North, Range 22 West; that part of Government Lots 1 and 2, the Northwest Quarter of the Northeast Quarter, and the Northwest Quarter of the Northwest Quarter of Section 5, Township 115 North, Range 22 West lying North of the North line of State Trunk Highway #101, being Route #187, which said property to be conveyed by this deed is more particularly described as followings, lying East of the following line: Beginning at a point on the centerline of the West bound lane of Trunk Highway #101, distant 1671. 07 feet (as measured along the centerline of said lane) East of the West line of Section 5, Township 115, Range 22 ; thence North at right angles a distance of 202 feet; thence deflecting to the West at an angle of 87`48 ' a distance of 67 .75 feet; thence deflecting to the North at an angle of 23`10 ' a distance of 251.4 feet; thence deflecting to the North at an angle of 23 '38 ' a distance of 403 . 1 feet; thence North a distance of 130 feet more or less to a point 30 feet North of the North bank of the Mill Creek; thence Easterly and parallel to said North bank to the Minnesota River and there terminating; and The Northeast Quarter of the Northeast Quarter of the Northeast Quarter, Section 5, Township 115 North, Range 22 West, lying North of the North line of State Trunk Highway #101; and The South Half of the Southeast Quarter of Northwest Quarter of Northeast Quarter of Northwest Quarter of Section 5, Township 115 North, Range 22 West lying North of the North line of State Trunk Highway #101; and Government Lot 3 in Section 4 , Township 115, Range 22 , North of Highway 101, all in Scott County, Minnesota. commonly known as Murphy's Landing ATTACHMENT B PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made and entered into as of this day of , 1994, by and between The City of Shakopee, a municipal corporation, ("Seller") and Middle American Investors, Inc. , a Minnesota Corporation ("Purchaser") . RECITALS: Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the following described property ("the property") located in Scott County, Minnesota: Proposed Legal Description The following part of the City property, which City property is described as follow, to wit: Government Lots 1 and 2, Section 32, Township 116 North, Range 22 West; that part of Government Lots 1 and 2, the Northwest Quarter of the Northeast Quarter, and the Northwest Quarter of the Northwest Quarter of Section 5, Township 115 North, Range 22 West lying North of the North line of State Trunk Highway #101, being Route #187, which said property to be conveyed by this deed is more particularly described as followings, lying East of the following line: Beginning at a point on the centerline of the West bound lane of Trunk Highway #101, distant 1671. 07 feet (as measured along the centerline of said lane) East of the West line of Section 5, Township 115, Range 22 ; thence North at right angles a distance of 202 feet; thence deflecting to the West at an angle of 87`48 ' a distance of 67 .75 feet; thence deflecting to the North at an angle of 23 `.10 ' a distance of 251.4 feet; thence deflecting to the North at an angle of 23 '38 ' a distance of 403 . 1 feet; thence North a distance of 130 feet more or less to a point 30 feet North of the North bank of the Mill Creek; thence Easterly and parallel to said North bank to the Minnesota River and there terminating; and The Northeast Quarter of the Northeast Quarter of the Northeast Quarter, Section 5, Township 115 North, Range 22 West, lying North of the North line of State Trunk Highway #101; and The South Half of the Southeast Quarter of Northwest Quarter of Northeast Quarter of Northwest Quarter of Section 5, Township 115 North, Range 22 West lying North of the North line of State Trunk Highway #101; and Government Lot 3 in Section 4, Township 115, Range 22, North of Highway 101, all in Scott County, Minnesota. commonly known as Murphy's Landing Said property being approximately 87 acres, together with all rights, privileges, easements, appurtenances and improvements belonging thereto; subject to permitted encumbrances as stated in Exhibit A, hereto. It is agreed that the obligations of the parties hereto are expressly contingent upon the parties agreeing to, prior to the date of closing, acceptable restrictive convenants regarding the use of the property as a historical museum and interpretive center. In the event the parties cannot reach an agreement on the restrictive convenants then the agreement shall be disclaimed null and void and the Earnest Money and/or Deposit paid herein returned to purchaser, without liability to either party. AGREEMENT: In consideration of the mutual covenants and agreements herein contained and other valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. 0 Premises To Be Purchased. Subject to the terms and conditions of this Agreement, Seller shall convey the Property to Purchaser. 2 . 0 Purchase Price. The purchase price ("Purchase Price") of the Property shall be the sum of THREE HUNDRED TWENTY FIVE THOUSAND and NO/100 Dollars ($325, 000. 00) payable by Purchaser as follows: 2 . 1 THIRTY TWO THOUSAND FIVE HUNDRED and NO/100 Dollars ($32 , 500. 00) as earnest money (the "Earnest Money") to be deposited immediately after execution of this Agreement with ATI Title Company ("Title") and held in accordance with an escrow agreement (in a form and according to terms as shown in Exhibit B, hereto) among Seller, Buyer and Title and shall be paid to Sellers on the closing date pursuant to the terms of this Agreement. 2 . 2 TWO HUNDRED NINETY, TWO THOUSAND FIVE HUNDRED and NO/100 Dollars ($292 , 500. 00) in cash or by certified funds on the Date of Closing (as hereafter defined) . The purchase price shall be deposited within three (3) business days after execution of this Agreement with ATI Title Company ("Title") and held in accordance with an escrow agreement among Seller, Buyer and Title, and shall 2 be paid to Sellers on the closing date pursuant to the terms of this Agreement. 3.0 Title To Be Delivered. Seller agrees to convey to Purchaser marketable fee simple title to the Property subject only to the permitted encumbrances ("Permitted Encumbrances") set forth - on attached Exhibit A. 4.0 Evidence of Title. Within a reasonable time after the execution of this Agreement by both parties or such other time period as may be specified in this Article, Seller shall: 4. 1 Cause to be issued and delivered to Purchaser an ALTA Form B-1987 commitment, or its equivalent, for an Owner's title insurance policy (the "Commitment") issued by Title pursuant to which Title agrees to issue to the Purchaser upon the recording of the documents of conveyance referred to herein an ALTA- Form B-1987 Owner's title insurance policy, or its equivalent, in the full amount of the Purchase Price. The Commitment shall include proper searches covering bankruptcies, state and federal judgments and liens, UCC filings and levied and pending special assessments. 4 .2 Cause to be delivered to Purchaser, at Seller's sole cost and expense, a current survey of the Property prepared by a duly licensed land surveyor in Minnesota (the "Survey") . The Survey shall be certified to date to Purchaser, to Title and to any lender designated by Purchaser (so long as such designation is communicated to Seller prior to the issuance of the Survey) and shall show the following: (i) The exact legal description and boundaries of the Property; (ii) The location of any improvements, encroachments or obstructions of any kind on the Property and in the adjoining rights of way; (iii) The number of square feet contained in the Property (measured to the right of way line of public roads upon which the Property abuts) ; (iv) The location of utility lines and easements of any kind of record or appearing on the Property (identified by recording information, if applicable) ; (v) Assumed bearings used by the Surveyor; (vi) A certification as to whether the Property is 3 located within a flood hazard area. Purchaser shall have thirty (30) days after receipt of the Commitment and Survey to deliver to Seller written objections to title, and Seller shall have the greater of (i) the number of days remaining until the Date of Closing or (ii) one hundred twenty (120) days from receipt of such notice to have such objections removed or satisfied. If Seller shall fail to have such objections removed within said time, Purchaser may, at its sole election: (a) terminate this Agreement without any liability on its part in which event the Earnest Money and/or Deposit paid hereunder shall be promptly refunded upon delivery to Title of a quit claimf deed ed releasing any claim of Purchaser to the Property; (b) objections are liens that may be removed by the payment of sums of money, take title to the Property pursuant to the terms of this Agreement and, provided the amount thereof does not exceed Twenty- five Thousand Dollars ($25, 000) , discharge any such liens and deduct the same from the cash due and payable on the Date of Closing; or (c) take title to the Property subject to such objections. 5.0 Control of Property. Subject to the provisions of Article 18 of this Agreement, until the Date of Closing, Seller shall have the full responsibility and the entire liability for any and all damages or injuries of any kind whatsoever to the Property, to any and all persons, whether employees or otherwise, and to any other property from and connected to the Property, except liability arising directly from the negligence of Purchaser, its agents, contractors or employees. If, prior to the Date of Closing, all or a portion of the property shall be the subject of an action in eminent domain or a proposed taking by a governmental authority, whether temporary or permanent, Purchaser, at its sole election, shall have the right to terminate this Agreement without liability on its part, by so notifying Seller and all sums heretofore paid by Purchaser shall then be promptly refunded to Purchaser upon delivery to Title of a quit claim deed releasing any claim of Purchaser to the Property. 6. 0 Representations of Seller. As an essential part of this Agreement and in order to induce Purchaser to enter into this Agreement and purchase the Property, Seller represents and warrants to Purchaser: 6. 1 That the Documents to be delivered to Purchaser pursuant to Article 8 hereof ("Review of Documents") will be true and correct copies, in full force and effect, without default or right ,of set-off by any party except as otherwise disclosed to and accepted by Purchaser in writing. 6. 2 Seller does not have knowledge of any condemnation, environmental, zoning or other land-use regulation 4 proceedings, either instituted or planned to be instituted, which would affect the use and operation of the Property or the value of the Property other than the parties agreement herein as to restrictive covenants for the use of the property herein nor has Seller received notice of any special assessment proceedings affecting the Property. 6.3 On the Date of Closing there will be no outstanding leases, rights of or occupancy by tenants, or outstanding contracts made by Seller for any improvements to the Property for which payment has not been fully made; and Seller shall cause to be discharged all mechanic's or materialmen's liens arising from any labor or materials furnished to the Property prior to the Date of Closing. 6.4 Seller will not, without the prior written consent of Purchaser: (a) Construct or enter into any agreement or commitment to construct any improvement to the Property; or (b) Enter into or consent to any lease, easement, covenant or other obligation affecting the Property. 6. 5 Seller shall deliver to Purchaser a written notice of the commencement of any legal action by any governmental authority or third party affecting the Property and will make no concessions or settlements with respect to any such action without Purchaser' s prior written consent. 6. 6 No agents or other personnel employed in connection with the operation of the property has the right to continue such employment after closing. 6.7 Environmental Laws. To the best knowledge of Seller after due inquiry, no toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea, formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in any state, local or federal law, regulation, rule policy or order relating to the protection, of the environment) (collectively, "Hazardous Substances") have been generated, treated, stored, transferred from, released or disposed of, or otherwise placed, deposited in or located on the Property, nor has any activity been undertaken on the Property that would cause or contribute to the Property 5 becoming a treatment, storage or disposal facility for Hazardous Substances within the meaning of any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment. To the best knowledge of Seller after due inquiry, there has been no discharge, release or threatened release of - Hazardous Substances from the Property. To the best knowledge of Seller after due inquiry, there are no Hazardous Substances or conditions in or on the Property that may support a claim or cause of action under any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment. The Property is not now, and to the best knowledge of Seller never has been, listed on any list of sites contaminated with Hazardous Substances, nor used as landfill, dump, disposal or storage site for Hazardous Substances. 6.8 To the best knowledge of Seller, the buildings, structure and improvements included within the property are structurally sound, in good repair and all mechanical, electrical, heating, air conditioning, drainage, sewer, water and plumbing systems are in proper working order, and seller agrees to maintain, keep and preserve the property in the same condition as of the date hereof. 6.9 To the best of Seller's knowledge, no above ground or underground tanks are located on, under or about the Property, or have been located on, under or about the Property and have been subsequently removed or filled. To the extent storage tanks exist on or under the Real Property, such storage tanks have been duly registered with all appropriate regulatory and governmental bodies, and otherwise are in compliance with applicable federal, state, and local statutes, regulations, ordinances and other regulatory requirements. The Seller shall provide an affidavit with respect to the existence, or lack thereof, of any storage tanks, as required by Minn. Stat. 166. 48. The representations and warranties set forth in this section shall be continuing and shall be true and correct as of the Date of Closing with the same force and effect as if made at that time. All such representations and warranties shall survive closing and shall not be merged in the delivery and execution of the deed or other instruments of conveyance called for in this Agreement. 8 . 0 Review of Document*. Within a reasonable time following the date hereof, Seller shall deliver to Purchaser and Purchaser shall thereafter promptly acknowledge receipt of the following documents: 8 . 1 Copies of any agreements known to Seller which affect the 6 Property and which will extend beyond the Date of Closing (the "Contracts") . 8 . 2 All originals and copies, if any, of as-built blue prints, plans and specifications regarding any improvements upon the land. 8. 3 Copies of any notices received by Seller or its agents of any violations of applicable laws pertaining to the property which have not been corrected. Seller shall provide all of the above listed documents (the "Documents") to the Purchaser not later than thirty (30) days after execution of this Agreement. Purchaser shall have twenty (20) days after receipt of each Document to review the same. In the event Purchaser shall determine, in its reasonable judgment, that any of the Documents disclose conditions that are materially unsatisfactory, it may terminate this Agreement by delivering to Seller, at the address set out in Article 19 hereof, not later than twenty (20) days after receipt of the Document to which Purchaser objects, written notice of its election to terminate this Agreement. In such event, this Agreement shall become null and void and Purchaser shall be entitled to the prompt return of its Earnest Money and/or Deposit upon delivery to Title of a quit claim deed releasing any claim of Purchaser to the Property and neither party shall have further obligations hereunder. In the event Purchaser does not so elect to terminate this Agreement, then Purchaser shall close this transaction in accordance with the terms of this Agreement. 9 . 0 Investigation and Testing. Buyer and Buyer's agents shall be provided with access to the Property without charge and at all reasonable times for the purpose of Buyer' s investigation and testing the same. Seller shall make available to Buyer and Buyer' s Agents without charge all plans and specifications, records, permits and correspondence in Seller' s possession relating to Hazardous Substances affecting the Property. Buyer shall pay all costs and expenses of such investigation and testing, and shall hold Seller and the Property harmless from all costs and liabilities relating to the Buyer' s activities. Buyer shall have determined, on or before the Closing Date, that it is satisfied with the results of all tests and investigations performed by it or on its behalf. 10. 0 Conditions To Closing. The closing of the transaction contemplated by this Agreement and the -obligation of the Seller to sell the Property and of Purchaser to purchase the Property shall be subject to the following conditions: 10. 1 Seller and Purchaser shall have complied with the terms and conditions of this Agreement. 7 10.2 Title to the Property shall have been acquired by Seller and shall be free and clear of all encumbrances except the Permitted Encumbrances. 10.3 The Property shall not have been adversely affected in any material way as a result of condemnation, release of hazardous substances, or other casualty or act of God, or act of a public enemy, whether of not covered by insurance. 10.4 No suit, zoning change, governmental investigation or other proceeding challenging the transaction contemplated in this Agreement, or which might adversely affect the right of Purchaser to own or use the Property after the Date of Closing, shall have been threatened or instituted. With respect to the above-described conditions in favor of Purchaser or Seller, the party benefitted by a condition, shall give notice of its desire to terminate this Agreement for failure to fulfill any of said conditions on or before the Date of Closing or such earlier date as may be specified above. If this Agreement shall be so terminated, the Earnest Money and/or Deposit shall be promptly returned to Purchaser upon delivery to Title of a quit claim deed releasing any claims of Purchaser in the Property and neither party shall have further rights or obligations hereunder. In the event no notice of termination is given within the specific time period with respect to any such section hereof, such condition shall be deemed to be waived and Purchaser and Seller shall proceed to closing in accordance with the other terms and conditions hereof. 11. 0 Closing and Possession. The closing hereof shall take place on April 15, 1994 , (the "Date of Closing") or on such earlier date as Seller and Purchaser may mutually agree in writing. The closing shall take place at the offices of ATI Title Company, 2550 University Avenue, St. Paul, Minnesota, or such other places as the Seller and Purchaser may mutually determine. Possession of the Property shall be delivered on the Date of Closing. 11. 1 The following matters and items shall be apportioned and adjudicated between Seller and Buyer as of 11: 59 on the day preceding the closing date. A. All utilities. 12 . 0 Seller' s Obligatiop At Closing. On the Date of Closing, Seller shall: 12 . 1 Execute, acknowledge and deliver to Purchaser a warranty deed to the Property conveying to Purchaser marketable fee simple title to the Property subject only to the 8 Permitted Encumbrances and agreed upon restrictive covenants. 12.2 Deliver to Purchaser an affidavit of the Seller in recordable form identifying Seller as the owner of the Property free and clear of all encumbrances except the - Permitted Encumbrances, and stating that all work, labor, services and materials furnished to or in connection with the Property have been fully paid for so that no mechanic's, materialmen's, or similar lien may be filed against the Property. 12 .3 Deliver to Purchaser an opinion of Sellers' Counsel, dated as of the date of closing, that Seller has the requisite power and authority to enter into and perform this Agreement and these Seller's closing documents signed by it; that such documents have been duly authorized by all necessary action on the part of Seller and have been duly executed and delivered; that such documents are valid and binding obligations of Seller, enforceable in accordance with and to the extent of their terms. 12 .4 Deliver to Buyer all Certificates of Occupancy issued by the appropriate governmental body authorizing the use of the improvements on the real estate for the purposes now used. 12 . 5 Deliver to Buyer a non-foreign affidavit (FIRPT) properly executed, containing the information required by IRS Code §1445 (b) (2) and its regulations. 12 . 6 Deliver to Buyer the owner' s duplicate Certificate of Title regarding any torrens portions of the real estate and the abstracts of title to the remainder of the property. 12 .7 Execute a designation agreement designating the reporting person for purposes of completing IRS form 1099 and, if applicable, IRS form 8594 . 12 .8 If the property contains or contained a storage tank, an affidavit with respect thereto, as required by Minn. Stat. §116.48. 12 . 9 Execute a Certificate with respect to "wells" on the property in a form, required by Minnesota Law. 12 . 10 Deliver to Purchaser such other documents as may be required by this Agreement. 13 . 0 Purchaser' s Obligations At Closing. At closing, and 9 subject to the terms, conditions, and provisions hereof and the performance by Seller of its obligations as set forth above the Purchaser shall: 13 . 1 Deliver to Seller any portion of the Purchase Price then due and payable by Purchaser's certified check. 13 .2 Execute and/or deliver to Seller such other documents as may be required by this Agreement. 14 . 0 Closing Costs. The following costs and expenses shall be paid as follows in connection with the closing: 14. 1 Seller shall pay: (a) The cost of preparation of the warranty deed and other documents of conveyance. (b) State Deed-Tax upon delivery to Purchaser of the warranty deed. (c) Seller's attorneys' fees. (d) The cost of recording any document necessary to make title marketable. (e) One-half of the closing fee charged by Title. (f) The cost of the survey. (g) The costs associated with the issuance of the Commitment called for in Section 4. 1. (h) Such other costs allocated to Seller under this Agreement. 14 .2 Purchaser shall pay the following costs in connection with the closing: (a) Any filing fee to record the warranty deed. (b) Purchaser' s attorneys ' fees. (c) One-half of the closing fee charged by Title. (d) The premium for any owner' s or lender' s title insurance obtained by Purchaser. (e) Any other costs allocated to Purchaser under this Agreement. 15. 0 Taxes and Special Assessments. Seller shall pay or cause 10 to be paid the real estate taxes relating to the Property which are due and payable in the years prior to the year in which closing takes place and its pro rata share of the real estate taxes due and payable in the year of the closing based on the ratio that the number of days from January 1, 1994 to the Date of Closing bears to three hundred sixty-five (365) days. The balance of the real - estate taxes due and payable in the year of closing and thereafter shall be paid by Purchaser. Seller shall cause all special assessments levied or pending to be paid on or before the Date of Closing. 16. 0 Brokerage. Seller represents and warrants to Purchaser, and Purchaser warrants and represents to seller, that it has not engaged the services of any broker in connection with the sale and purchase contemplated by this Agreement. Each party hereby agrees to indemnify and hold the other harmless of any claim made by a broker or sales agent or similar party for a commission due or alleged to be due on this transaction on the basis of an agreement with said broker made by the indemnifying party. 17. 0 Default. 17. 1 In the event that Seller should fail to consummate the transaction contemplated by this Agreement for any reason except for Purchaser's default or the failure to satisfy any conditions to Seller's obligations hereunder, Purchaser may (a) enforce the specific performance of this Agreement, which action must be commenced within ninety (90) days of the date Seller's failure to consummate the transactions 'contemplated herein or (b) cancel and terminate this Agreement and be relieved of its obligations hereunder (in which event Purchaser shall be entitled to the return of its Earnest Money and/or Deposit upon delivery to Title of a quit claim deed releasing any claim of Purchaser to the Property) . No delay or omission in the exercise of any right or remedy accruing to Purchaser upon any breach by Seller under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by Purchaser of any condition or the breach of any other term, covenant or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. 17 .2 In the event that Purchaser shall fail to consummate the transaction contemplated herein for any reason, except the default by Seller or the failure to satisfy any of the conditions to Purchaser' s obligations set forth herein, Seller shall be entitled to: (a) cancel and terminate this Agreement in the manner provided by 11 • < applicable law and be relieved of its obligations hereunder; (b) enforce the specific performance of this Agreement, which action must be commenced within ninety (90) days of the date of failure of Purchaser to consummate the transactions contemplated hereunder; or (c) seek damages in excess of the Earnest Money - heretofore paid by Purchaser. No delay or omission in the exercise of any right or remedy accruing to Seller upon any breach by Purchaser under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. 18.0 Access to Property and Inspection. Any time and from time to time prior to the Date of Closing, Purchaser and any person or persons selected by Purchaser shall• be permitted access to the Property for the purpose of conducting such studies and investigations of the Property as Purchaser deems appropriate, which studies and investigations shall be conducted at Purchaser's sole expense. Purchaser shall promptly pay the charges for any such studies and investigations commissioned by Purchaser and shall defend, indemnify and hold Seller and the Property harmless from any loss or damage incurred by or any claims against Seller or the Property made in connection therewith. 19. 0 Damage. If, prior to the Closing Date, all or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Seller's notice) , this Agreement shall terminate, in which event neither party will have any further obligations under this Agreement and the Earnest Money and/or Deposit, together with any accrued interest shall be refunded to Buyer. If Buyer fails to elect to terminate despite such damage, or if the Property is damaged but not substantially, Seller shall promptly commence to repair such damage or destruction and return the property to its condition prior to such damage. If such damage shall be completely repaired prior to the Closing Date then- there shall be no reduction in the Purchase Price. If such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceeding to repair, then Seller shall complete the repair after the Closing Date; provided, however, Buyer shall have the right to delay the Closing Date until repair is completed. If Seller shall fail to diligently proceed to repair such damage then Buyer shall have the right to require Closing to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced in an amount equal to the reasonable value of the property damaged. For purposes of this Section, the words "substantially damaged" mean damage that would cost $25, 000. 00 or more to repair. 20. 0 Miscellaneous. The following general provisions govern this Agreement: 12 20. 1 Time is of the Essence. The Date of Closing is of the absolute essence. 20.2 Governing Law. This Agreement is made and executed under and in all respects is to be governed and construed under - the law of the State of Minnesota. 20. 3 Notices. Any notice required to be given to Seller or Purchaser pursuant to this Agreement shall be in writing and shall be deemed duly given: (i) on the date of personal delivery; (ii) one day following dispatch by Federal Express, Express Mail or equivalent; or (iii) two (2) days following mailing certified or registered mail, postage prepaid, return receipt requested, to the respective addresses of the parties set out below: Seller: Mayor Gary Laurent City Hall 129 Holmes Street South Shakopee, MN 55379 With Copy to: Karen Marty City Attorney City Hall 129 Holmes Street South Shakopee, MN 55379 Purchaser: Middle American Investors, Inc. c/o Thomas J. Reiter The Saint Paul Building 6 West Fifth Street, 7th Floor St. Paul, MN 55102-1420 13 With Copy to: Thomas J. Reiter The Saint Paul Building 6 West Fifth Street, 7th Floor St. Paul, MN 55102-1420 Any party, by notice given as aforesaid, may change the address to which subsequent notices are to be sent to such party. • 20.4 Purchaser's Waiver Rights. Purchaser may, at its option, waive any right conferred upon Purchaser by this Agreement. Except as otherwise provided herein, such waiver may be made only by giving Seller written notice specifically describing the right waived. 20.5 Amendment. This Agreement shall be amended only by a written instrument signed by Seller and Purchaser. 20.6 Construction. The captions and headings of the various sections of this Agreement are for convenience only and are not to be construed as defining or as limiting in any way the scope or intent of the provisions hereof. Wherever the context requires or permits, the singular shall include the plural, the plural shall include the singular, and the masculine; feminine and neuter shall be freely interchangeable. 20.7 Assignability_. Either party may assign its rights under this Agreement before or after the Closing. Any assignment will not relieve such assigning party of its obligations under this Agreement. 20.8 Entire Agreement. This Agreement sets forth the entire understanding of the parties and may be amended, modified or terminated only by an instrument signed by the parties. 20.9 Counterparts. For the convenience of the parties, any number of counterparts hereof may be executed and each such executed counterpart shall be deemed an original but all such counterparts together shall constitute one in the same Agreement. 14 The parties have executed this Agreement as of the day and year set forth above. THE CITY OF SHAKOPEE, a municipal corporation SELLERS: By: Gary Laurent Its: Mayor Middle American Investors, Inc. , a Minnesota Corporation PURCHASER: By: Its: 15 • EXHIBIT A Permitted Encumbrances 1. Unknown at this time. 16 • EXHIBIT B ESCROW AGREEMENT AND RECEIPT ATI Title Company ("Escrow Agent")., acknowledges receipt of $ (the "Deposit") to be held by it pursuant to - the Purchase Agreement to which this Escrow Agreement and Receipt is attached. Escrow Agent agrees to hold the deposit in accordance with the terms of the Purchase Agreement and disburse the same strictly in accordance with such terms. Escrow Agent shall place the Deposit in an interest bearing account. Escrow Agent shall have no responsibility for any decision concerning performance or effectiveness of the Purchase Agreement or to resolve any disputes concerning the Purchase Agreement. Escrow Agent shall be responsible only to act in accordance with the joint and mutual direction of both Seller and Buyer, or in lieu thereof, the direction of a court of competent jurisdiction. Seller and Buyer undertake to hold Escrow Agent harmless from all claims for damages arising out of or relating to this Escrow Receipt, and do hereby agree to indemnify Escrow Agent for all costs and expenses in connection with this escrow, including court costs and attorney fees, except for Escrow Agent's failure to account for the funds held hereunder, or acting in conflict with the terms hereof. Dated: ESCROW AGENT: ATI Title Company By: SELLER: The City of Shakopee By: Gary Laurent Its: Mayor BUYER: Middle American Investors, Inc. • By: Its: 17 / � � MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Save O'Dowd Lakes Chain Association Lease DATE: January 28 , 1994 INTRODUCTION: The current lease with the Save O'Dowd Lakes Chain Association to operate the aerators at O'Dowd Lake requires their carrying insurance in the amount specified for municipal liability and naming the City as an additional insured. The most recent certificate of insurance on file expired 1/25/94 . Some follow-up action by City Council is in order. BACKGROUND: The City has an on going lease with the Save O'Dowd Lakes Chain Association for the operation of the aerators on O'Dowd Lake. The required electrical power is located on City park property. For quite a number of years, the Association has operated two aerators on O'Dowd Lake. They have asked the City to carry the aerators under the city policy a number of times because of the cost of the insurance premium. The City's insurance agent has advised that the aerators can not be covered under the City's policy unless they are owned by the City. City Council has not desired to acquire the aerators and future replacement and maintenance needs. In mid-December, Mr. Bill Dellwo advised me that he would like to ask the City Council to consider insuring the aerators under the City insurance policy. I advised him to write a letter to the City Council making the request. I have spoken to him a number of times since. I wrote to him on January 14th advising that the insurance is expiring and asking that I be provided with a new certificate of insurance (letter attached) . Subsequent to the January 14th letter, Mr. Dellwo advised me that the Association would be meeting to discuss the matter. As of this writing, I have not heard from Mr. Dellwo. The lease agreement between the Save O'Dowd Lakes Chain Association requires that insurance be carried and that the City be named as an additional insured. There is currently no evidence on file with the City that there is insurance coverage. The Association is currently not in conformance with the conditions of the lease. Save O'Dowd Lakes Chain Association Lease January 28 , 1994 Page -2- Because we were experiencing such nice weather and because the water is much higher than in past years, Mr. Dellwo explained that they were considering not installing the aerators this year. In that case he thought that there would be no need to carry insurance. The lease does not provide for not carrying insurance if the aerators are not installed. When Mr. Dellwo mentioned that they may not install the aerators this year, I asked the City Attorney if the lease could be amended so that City Council could waive the insurance requirements, if desired. She has advised that the lease could be so amended. ALTERNATIVES: 1] Terminate lease for not carrying insurance 2] Amend lease to allow for waiving of insurance requirements if the aerators are not to be installed. 3] City take over operation of aerators and insurance under City insurance policy 4] Do nothing - ignoring the lease insurance requirement RECOMMENDATION: City Council should discuss the alternatives and determine which is in the best interest of the citizens of the City of Shakopee. If alternative #2 is selected, some date should be set by when the Association shall request the waiver because they will not be installing the aerators. Absent this information, staff will not know if the aerators are being installed and if there should be insurance in place. RECOMMENDED ACTION: Direct the city attorney to draft an amendment to the lease between the City and Save O'Dowd Lakes Chain Association to allow for the waiver of their carrying insurance if aerators are not to be used in a particular year, and that the City be notified of their intent by a certain date. LICENSE This license, made and entered into this N b day of 60q ,.��nnc., , 1991, by and between the City of Shakopee, a mh�icipal (orporation of the State of Minnesota, hereinafter referred o as the City, and the Save O'Dowd Lakes Chain As ociation, a Minnesota Association, hereinafter referred to as 1\' ' Licensee. WHEREAS, for several years the City has given the Licensee ermission to keep aerators on City property; and WHEREAS, the parties desire to continue their agreement. -�� NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Land. The City hereby grants to the Licensee the non- exclusive right to use certain land for the purpose of erecting, maintaining, and servicing a pole or poles for the purpose of supplying electric energy to operate three aerators in O'Dowd' s Lake. The land is described as follows: Lots M, N,. and 0 inclusive, Registered Land Survey No. 45, Scott County, Minnesota. This land is off the South shore of the above-described lake. 2 . Ingress and Egress. The City further grants the right of ingress and egress to erect, maintain, and service all necessary wires and guides to extend from a point on County Road 79 to a point on the shore of O'Dowd's Lake across the above-described land for a distance of approximately 200 feet. 3 . Aerators. The Licensee agrees to operate and maintain three aerators in O'Dowd' s Lake at its own expense. 4 . Insurance. The Licensee shall carry insurance in the amount specified for municipal liability under Minn. Stat. Sec. 466. 04 Subd. 1. The insurance policy shall provide that the City is an additional named insured. A certificate of insurance shall be filed with the City Clerk annually showing this coverage. The insurance policy shall contain a cancellation clause stating that thirty days ' written notice shall be provided to the City Clerk prior to cancellation. 5. Termination. This license may be terminated by either party, with or without cause, at any time upon thirty (30) days ' _ prior written notice. Upon termination, the Lessee shall remove all Lessee' s property and restore the land to as good a condition as it was in prior to the initiation of this License or any predecessor agreement relating to supplying electric energy to operate three aerators in O ' Dowd's Lake. 6 . Notices . Any notices under this license shall be sent to the parties at the following addresses: The City: City Clerk Licensee: Save O'Dowd's Lake Assn. City Hall 2v, 5,„6}{ y}_ 129 E. 1st Ave. , Mk) 5531/ Shakopee, MN 55379 • City of Shakopee, MN Licensee BYr � 'ai. �_.r BY U� � - miTT- (authorized signature) By ,u City Adminis ator By a t,t.0'.U)k, (/4C (jtyCler THIS INSTRUMENT DRAFTED BY: City of Shakopee 129 E. 1st Ave. Shakopee, MN 55379 [ODOWDLS] CERTIFICATE OF INSURANCE ISSUE DA TE(OMC-D9'?Y) AMMO. J 7 J __.. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Casualty Assurance Group DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P.O. Box 38 FOLLIES BELOW. -- --- Chaska, MN 55318 COMPANIES AFFORDING COVERAGE COMPANY A LETTER el Northfield Insurance Company through Erickson-Larsen COMPANY B INSURED LETTER 0'Dowd Lakes Chain Association COMPANY C 736 Tyrol Lane LETTER • Shakopee, MN 55379 COMPANY D LETTER COMPANY C LETTER '- COVERAGES • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS • CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DO/YY) DATE(MM:DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 600,000 I A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. S excluded CLAIMS MADE X OCCUR. CPP 81631 01-25-93 01-25-94 PERSONAL&ADV.INJURY S 600,000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S 600,^000^0 FIRE DAMAGE(Any one lire) S 50,00000 MED.EXPENSE(Any one person) $ 5 000 AUTOMOBILE LIABILITY COMBINED SINGLE S LIMIT ANY AUTO _ . ALL OWNED AUTOSBODILY INJURY $• (Per person) SCHEDULED AUTOS -- HIRED AUTOS ' BODILY INJURY ; $ (Per accident) NON-OWNED AUTOS I I (P— - -- GARAGE LIABILITY PROPERTY DAMAGE i S EXCESS LIABILITY • i ; EACH OCCURRENCE— __ S-_ ____ . _ i • I iAGGREGATE S UMBRELLA FORM • I OTHER THAN UMBRELLA FORM I i j STATUTORY LIMITS WORKER'S COMPENSATION • EACH ACCIDENT S .. .. . . .. • AND ; DISEASE—POLICY LIMIT i S EMPLOYERS'LIABILITY ` DISEASE—EACH EMPLOYEE S OTHER j • - DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 2��;�;t,:P.: rail .-, alii CANCELLATION: �t_L;? zRS �. �y 's�_ ..' :ifa.��_., r 2,'-: .: CERTIFIC�iTE�,iiOLOER� ?,�,�;,x;;;.�,�.��;�.f�.uzr::.:s.:- :: ------- -�-- Certholder and Additional Insured: 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 41 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XXfriNfaMOGE City of Shakopee F. MAIL. 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 129 East 1st Ave. h LEFT. *Ai-)1•11a•c•r.>t�0n•0.�e I.t�Al.:4:4i.)0 4),0-44:4$41:41...4:4c (,.,. ii*. Shakopee, MN 55379 j •A?•teee!+••��;Q4'.t•4'44 t10t 4ict•4:. 4:•a)•l:i•t•G':y I,•(►���� Attention: Judy Cox AUTHORI REPRESENTATIVE --._-.� •�. : ----rte ,. , - `" ' ,F« ®ACORN CORPORATION1990 ACORN 29S(7 90)/1? .,M:. x 47.7 ss. 4•?.... G �. 3f ,)a r/9 f 'k.. . r;'' s __ f4 SHAKOPEE January 14, 1994 Mr. Bill Dellwo 14020 Townline Avenue Shakopee, MN 55379 Dear Bill: I am following up on recent telephone conversations that we have had regarding the public liability insurance required in the lease between the City of Shakopee and the Save O'Dowd Lake Chain Association for the aerators. The current lease requires that the Association carry the insurance and name the City as an additional insured. The current insurance expires on January 25, 1994 . Please provide me with a new certificate of insurance prior to the expiration of the current policy. If the Association desires to deviate from the requirements of the lease, the Association should discuss the matter with the city council. The last city council meeting prior to expiration of the current coverage is Tuesday, January 18th. Please give me a call, Bill, if you wish to discuss this matter further. Sincerely, 1 it S. Cox C''ty tC erk CC: Dennis R. Kraft, City Administrator COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 353.,79-1351 • 611445-5650 • FAX 612-445-6718 IC) b O'Dowd Lakes Chain Association,Inc. 14601 Lakeview Circle Shakopee,MN 55379 February 1, 1994 The immediate issue is insurance coverage for our organization and through our coverage, for any liability to which the city may be exposed. This year we will not run the aerators that prevent winterkill, or suffocation, of the fish. We don't have the money to pay the $1,300 electricity bill. We don't have the $1,400 to cover in- surance for the year's operations. Until a few years ago these costs were low enough to cover with the proceeds from our fishing contest and donations from other civic organizations in our community. The cost of insurance has risen over 1000% in the last 12 years. It has virtually put us out of business. Our annual fund raising event, the ice fishing contest, does not produce enough money to pay these two increasing expenses. Although we are taking steps to increase our revenue in future years, they will not be enough to raise the approximately$2,700 necessary to sustain us. There is no need for insurance this year because we are not operating the aerators. However, we would like to discuss options that could continue aeration in the future. Option 1: We ask the City for help by following the lead of Louisville Township. Louisville's policy cov- ers our aerator operation under its umbrella insurance coverage. The Minnesota Department of Natural Resources requires this insurance in lieu of a$500,000 bond for aerator operation. A like arrangement with the City of Shakopee would free us of the insurance premium that threatens our survival. After speaking with the Township (Bill Dellwo) and an insurance agent, we think that the city's cost may not increase as the result, particularly considering our record of: 1. Safety, 2. No claims over a period of 12 years, and 3. Compliance with all rules, regulations and ordinances. Option 2: We would like the city to apply for the permit to operate the aerators. The DNR requires that a $500,000 a bond be posted or a liability insurance policy in that amount by the party applying for the permit to operate the aerators. If the party applying for the permit is a municipal orga- nization, the insurance is unnecessary,because such an organization cannot be held liable ac- cording to state law. At the same time, our organization would like to offer our services as a contractor to the city to install and operate the aerators. Why help us? What has this association done for the City of Shakopee? O'Dowd Lakes Chain Association has taken a pro-active stance in protecting and enhancing one of the stellar natural features in the City of Shakopee, Lake O'Dowd, as well as Thole Lake in Louisville Township. These lakes provide a significant asset for the community and for res- idential developers in the area. Lake O'Dowd forms an integral part of the Stonebrooke Golf Course. It's a favorite recreation spot in both summer and winter for outdoor activities. For those of you with longer memories, consider the stench of rotting fish from past years' winterkills. Think of the former threat of "swimmer's itch" and other bacteriological infesta- tions that seem to have subsided since the aerators began operating in January of 1981. This hasn't cost the city anything to date. And it isn't a fluke. The long term dedication of a few dedicated individuals keeps it going. We haven't asked much from the City in the past. We're not likely to ask much in the future. But we do need help now. Please consider our request for assistance with our insurance problem. Respectfully submitted, Mike Sulik President,O'Dowd Lakes Chain Association COF\ISENT Memo to: Dennis Kraft, City Administrator From: Mark McQuillan, Recreation Supervisor Re : Purchase of Frisbee Disc Golf Course Equipment Date : January 26, 1994 INTRODUCTION At the September 21, 1993 City Council Meeting, Council directed staff to execute the necessary steps and documents to facilitate the installation of a Frisbee Disc Golf Course in Lions Park with funding to be allocated from the Park Reserve Fund. The project was initiated at the request of the Shakopee Lions Club. See attached memo from the September 21, 1993 meeting. BACKGROUND A few weeks ago, staff met with the representative of the Shakopee Lions Club to find out where disc golf equipment can be purchase . After checking with the cities of Inver Grove Heights, Minnetonka, and Bloomington (each has a frisbee disc golf course) , they knew of only one company that makes and sells equipment for frisbee disc golf courses . That company is Disc Golf Association in Watsonville, California. COST Disc golf kit and shipping: $5, 151 RECOMMENDATION Staff recommends purchasing the frisbee disc golf equipment from the Disc Golf Association. ACTION REQUESTED Move to direct the appropriate City officials to execute the purchase of frisbee disc golf equipment from the Disc Golf Association utilizing $5, 151 from the Park Reserve Fund. CONSENT /o� Memo to: Dennis Kraft, City Administrator From: Mark McQuillan, Program Supervisor - Parks & Recreation Re: Frisbee Disc Golf Course - Lions Park Date: Sept. 16, 1993 Introduction The Shakopee Lions Club would like to install a 12 Hole Frisbee Disc Golf Course in Lions Park. This project is identified in the Parks 5 Year Capital Improvement Program as a 1995 park project. The Lions Club would like to do the project this year. Background For the past six months, a committee of Lions Club members have been investigating Frisbee Disc Golf Courses in the Twin Cities area. There are about eight such courses which all are located in public parks. After thoroughly researching these facilities, the committee is convinced that Lions Park would be an ideal location for Frisbee Disc Golf course and they would like to install it this year. The addition of a Frisbee Golf Course will not adversely impact the other facilities within the park. The Minnesota Disc Golf Course Association has agreed to assist the Lions Club volunteers in the design and construction of the Frisbee Disc Golf Course. The Lions Club is requesting that the City utilize the Park Reserve Fund to fund this project. They would also like City staff to dig the holes for the frisbee baskets. The estimated cost to complete the project is approximately $8000. Funding In 1988, the Lions Club contributed $5000 to the City to hold in a Trust Fund that later could be used for park improvements. In 1990, they contributed another $3000 and in 1992, $3500 more for a total of $11, 500. The Shakopee Lions Club Board would like this project to be funded with monies already given to the City. The Park Reserve Fund has adequate funds to do this project. On August 23 , the Parks and Recreation Advisory Board recommended to the City Council to accept the donation of a Frisbee Disc Golf Course from the Shakopee Lions Club and to proceed with this project in 1993 . Funding this project now will not affect projects already approved for this year. Alternatives 1. Move to authorize the appropriate City officials to execute the necessary steps and documents to facilitate the installation of a Frisbee Disc Golf Course in Lions Park with funding to be allocated from the Park Reserve Fund. 2 . Move to do this project in 1994 . 3 . Move to do this project in 1995. 4 . Move to table this project for additional information. Park & Recreation Advisory Board Recommendation Alternative #1 Action Requested 1. Move to authorize the appropriate City officials to execute the necessary steps and documents to facilitate the installation of a Frisbee Disc Golf Course in Lions Park with funding to be allocated from the Park Reserve Fund. 11,:x : ~- a •,- ... A -0 it•••S._: - —'2, --- v- 'st • - - . r.... ...•• • _ . . _ ....• g... ..4. „ ;•,, v_.. ,...., T.+. `•"t 1 1 v - � fl 1r Jlii '" 04 O ri t2 22 iirt • �w tlA g 414 _ , _IN F, A A e•� �y4 cin r.1.7444rillib^ p S W47' t t q! ^ f f x y C 1 R ip.: Eve-- L *' f- `�•/:�:a-���-�r - — - rtcY • .•) -!--5,. r? �• 1 I i s "p': ^+ +` ‘• / �` s ■ r. 5..,_';e7?'", G,1 ;� .� 4 .4,�r 7. C}i` i'�T • `.,j tea. v - `-. ' r_ '? ice' 4.4';',... y s --611.15"-:*-yN' �,�. .•,,-•-, , i+- •-.1♦ r's2a"*y X � _ ..:.._ ' om.° * ` ` ,r••• ,p 4 , , _ 4 i n1/2.----,/_— , ''' -- ...' ••=•--; • • Z.)*-. '"„ ' S ,elltt)... ,e*., •• t !'44 `4is -' 2 '7.= - W£.: "` 'e".4 ~ -�q Wiy. a . -.;:,,,_;;;;;:.-.1".-, ••4,22.4•>4r '.. 2t'� `EASI .~!' 4V' ,.09. • `! .1: "---t-, � N `vT1144tiF•}]V ��c�_- .� � _•�J S r• tit _.. 0. .,a•�* ie-.1.---e, - ,-..tp,.... , V.) ./R--.V.. _-:•-ir,:::ii-fo - _ ,-.e.- oi4,;,: -, • - 4....---• . 1 CZ lag At-` . rs3: r« ` . a J..--..i,.., -yid' '.; �+-�" - - • '� -' 500pit M41%144111".."1\17Tia . T legend when he brought 52 friends to play m the World's V The Foy') Biggest Disc Golf Weekend in 1992. . . . Disc golf combines a favorite modern pastime— It's easy to see why thousands of new players take disc throwing—with one of the world's great games up disc golf every year. It's a fun, healthful family —golf. Players count how many"strokes"(throws) game, and an 18-hole round generally takes less than it takes to get from the tee to the hole, which may two hours to play. Schools are teaching disc golf be a tree, post, or official Disc Pole Hole.TM now, too; some have even set up their own courses. Players commonly use special golf discs designed for drives, approach shots, and putts (drivers can It's time for you to try disc golf . . . fly over 200 yards!), but any disc may be used. it may be the sport of your future! Most golf discs cost$7-$8, making disc golf a very affordable game. Disc golf is affordable for parks departments, too. A deluxe 18-hole course costs less to install than a ,, _ . basketball or tennis court, and the disc golf course _.• '"---„,, will hold up to 72 people at once. Since disc golf /!+,--,-. -- vA 4,—*courses usually run through and around trees (and _ ai ' 'I 1 • up and down hills) they work best in areas that can't r f a ; lc.;ter.-. be used for baseball, soccer, or playgrounds. Disc _K 4..4;611194 .4.;ip _ } ,:''� . golf courses don't destroy trees, and they don't ' ., „ ,•, `r" . 'Nt 1. . require any special maintenance. b`► "` �° ` . ,-s• A Swiss class in a "throw for all" • .' �' '' 1 /1. \1. \4 s 1 . \ til' = t > Craig Gangloff shows the putting form of a top professional. 'er -.4.-47,-.0V.4. c o:yp 'snqurnloj l • �''. ' i . y J_ y ti . art •, V-Ze ` .r ti . uadp snquenlop r • 'ZlO1�bZpOSSy .r% ' 1 { w r. r !< d 1 t10� ps1Q jbuOlSSa�O.[�j • 1. tf ., 1 R, •,,' r ` aH-p fiq pauoi.�auvs fiuvut - ti M . " i :r '.cnaIi Bova sivaaa aamladtuoa p Pik if q 'e dolma OOZ .caao a.w a.catj� ': �-_toy - ;i li 0.1 V al 0 . ,.. isisil at IP I • ,,,,t, ,:-. : -... • 04 unf sill. <J )i ti. y,.�, Q �r + y ,,,,,,i \, � ry� J h a VF704 ii :375 fr *MOP -. -y �7 4 qty„ , ,, + ST^ t` „ ,.....„ .,0,4, . ......... .,.. 'tsP aM E .lr. .Ami• \2• '{ri t W ,. .....4„11 ;. ':' ',.'=")04'.- -,.4,r ail ' •ypF`� `yF. �� di. a ;. /y >> �KY` ;� ,r . ` t 'pl.corn alp puno.cn sas.cnoa �uautiuc,cad .;= _•Viji �, . ,T 1 s�,'Ng , T OOS daao adll a.cata *sx,ctid fiiunoa i .4r:r v..T� Iimi;O',',�r 141 M. -..% i 45.: fir,' `4` e, ke•: Vc < r st ,><�.,� r: 4 v - f 0 . �- pub 'ajais '�ii1a ut�jo8 asap fibjd oi ,,� ,' ' � yyi•1!.' , ', ..,; 1Oi\!SENT L MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Request for Extension of the 12 Month Time Period for Approval of the Preliminary Plat for Maple Trails Estates DATE: January 18 , 1994 INTRODUCTION: The City has received a request from Mr. Gary Laurent, President of Laurent Builders, Inc. , to extend the 12 month period from the date of City Council approval of a Preliminary Plat. The applicant is requesting an extension of an additional twelve (12) months in which to file the final plat for the 2nd Addition until such time as adjoining property develops which would provide another street access. The City Code states that the Council may extend the time period of preliminary approval upon written application by the developer. (See Exhibit A. ) BACKGROUND: On July 21st, the City Council approved the Preliminary Plat for Maple Trails Estates, and on September 15, 1992 , they approved the Final Plat for Maple Trails Estates 1st Addition. City Code Section 12 . 03 , Subd. 3 .G states the following: "Approval of the Preliminary Plat by the Council shall give the applicant the following rights for a 12 month period from the date of approval: 1. The general terms and conditions under which the approval was granted will not be changed by the City; and 2 . That the applicant may submit on or before such expiration date the whole or any part of the approved plat for final approval; and 3 . The Council may extend the time period of preliminary approval, upon written application by the developer and for good cause shown. Each such extension shall not exceed a 12 month period. " The City Code does not list criteria for determining whether the time period for approval of Preliminary Plats should or should not be extended. In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the Preliminary Plat itself. In addition, City Staff is not aware of any changes that have occurred in the area of the proposed plat that would necessitate a new review and approval of a new Preliminary Plat for Maple Trails Estates by the City at this time. ALTERNATIVES: 1. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional twelve (12) months. 2 . Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by a shorter period of time: A. Until July 21, 1994 , 24 months from the date of City Council approval of the Preliminary Plat for Maple Trails Estates; or B. Until September 15, 1992 , 24 months from the date of City Council approval of the Final Plat for Maple Trails Estates 1st Addition. 3 . Offer and pass a motion denying the request to extend the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates, and require the developer to resubmit the Preliminary Plat for approval by the City. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Offer a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional twelve (12) months, and move its approval. {TLMEXTPP.MAP) A61 The Laurent Building LA U R E N T Corporate Office 128 South Fuller Street, Shakopee, MN 55379B u I L D E R S,AI N c. (612)445-6745 January 13, 1994 Mr. Lindberg Ekola City of Shakopee 129 Holmes Street Shakopee, MN 55379 Dear Mr. Ekola, On behalf of Harley Hohenstein, we would respectfully request that the Preliminary Plat for Maple Trails Estates be extended for a twelve (12) month period of time as is provided for by City ordinance. As you are aware, the owner is unable to file a final plat on this property until such time as adjoining property develops which would provide another street access. We understand that the property to the North has begun the platting process. We expect that plat to provide a street access compatible with the Maple Trails Estates preliminary plat. This would then allow final platting to occur. Thank you for assistance in this matter. Sincerely, •Gary L. :-- ent President c: Harley gl/jm CC.Ck Hca BUILDERS • DEVELOPERS l3s2) CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Vacation of the Portion of the Alley Located North of Lots 3 , 4 , and 5, Block 30, Original Shakopee Plat DATE: January 28 , 1994 INTRODUCTION: At the January 18 , 1994 meeting, the City Council tabled their decision on the proposed vacation of the alley north of Lots 3 , 4 and 5 of Block 30, Original Shakopee Plat to the February 1 meeting. DISCUSSION: Planning and Legal staff are still working with Mr. Dave Moonen on developing a legal description for the public access easement across the City parking lot. Staff would recommend tabling the decision on the vacation to the February 15 meeting in order to allow additional time to complete the necessary legal description. ACTION REQUESTED: Move to table the decision on the proposed vacation of the alley lying north of Lots 3 , 4 and 5, Block 30, Original Shakopee Plat to the February 15 City Council meeting. 1ONSE1T MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary Liquor Licenses DATE: January 27, 1994 INTRODUCTION AND BACKGROUND: The Church of St. Mark has made application for temporary liquor licenses for February 12th and for July 30th and 31st, 1994 . Their applications are in order. RECOMMENDED ACTION: Move to approve the applications and grant temporary liquor licenses to the Church of St. Mark, 350 South Atwood for February 12th and July 30-31, 1994 . CONSENT MEMO TO: Honorable Mayor and Members of the City Council FROM: Dennis R. Kraft, City Administrator RE: Senior Planner Position DATE: January 28, 1994 INTRODUCTION: City Council authorization is needed to fill the position of Senior Planner. BACKGROUND: At the November 3 , 1993 meeting, the City Council moved to direct the City Administrator to initiate the hiring process for a new planning staff member at a salary range of $32, 649 to $43 , 532 . The City Council also directed the City Administrator to make the necessary budget amendments in order to provide the funding necessary for this position. The 1994 Budget has been amended to provide for the necessary funding for this new planning position. The Scott County Personnel Office was utilized in the advertising and initial screening process . The Scott County Personnel Office received a total of seventeen applications for this position. After screening and ranking the applications, a total of eleven applications were submitted to the City staff for consideration. The top six applicants were interviewed. An interview panel consisting of Lindberg Ekola, City Planner; Barry Stock, Assistant City Administrator; Lou VanHout, SPUC Utilities Manager; and Kermit Crouch, Chaska Planning Director interviewed the six candidates on January 20, 1994 . The panel recommended two candidates to the City Administrator for additional evaluation. Additional interviews for the top two candidates were held by the City Administrator, the City Planner and the Community Development Chairperson. In addition, reference and educational checks were made for both of these two candidates . I am recommending the appointment of Mr. Paul Bilotta to the position of Senior Planner effective February 15, 1994 at Step II of the 1993 Pay Plan or $34, 826 subject to the normal pre-hire testing procedures . ALTERNATIVES: 1 . Hire as recommended. 2 . Do not fill the position. 3 . Expand the interview process . RECOMMENDATION: I recommend alternative #1 . Because this position is not listed on the 1993 Pay Plan, and because the 1994 Pay Plan for non-union employees has not yet been adopted, the Pay Plan must be amended. This position would be at 82 points in the 1993 Pay Plan. ACTION REQUESTED: 1 . Move to appoint Mr. Paul Bilotta to the position of Senior Planner at Step II of the 1993 Pay Plan. 2 . Offer Resolution No. 3949, A Resolution Amending Resolution No. 3736 which adopts the 1993 Pay Plan to add the position of Senior Planner at 82 points. RESOLUTION NO. 3949 A RESOLUTION AMENDING RESOLUTION NO. 3736, ADOPTING THE 1993 PAY SCHEDULE FOR THE OFFICERS AND NON UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on January 19, 1993, the Shakopee City Council adopted Resolution No. 3736 approving the 1993 Pay Schedule for the Officers and Non Union Employees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1993 Pay Schedule for the Officers and Non Union Employees of the City of Shakopee at this time . NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the Sr. Planner position classification is hereby added to the Pay Schedule for the Officers and Non Union Employees of the City of Shakopee at the following pay steps : Step I Step II Step III Step IV Step V Step VI $32 , 649 $34, 826 $37, 002 $39, 179 $41, 355 $43 , 532 Adopted in session of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Personnel Policy - Sick Leave DATE: January 28, 1994 INTRODUCTION: Attached is Resolution No. 3948,which amends the City of Shakopee Personnel Policy regarding sick leave. BACKGROUND: Staff has received a request from a Public Works employee regarding the current sick time policy. Howie Heller's wife suffered a life threatening illness in November and since that time, she has been hospitalized. She has recently been discharged from the hospital but is still undergoing physical therapy and requires 24 hour care while at home. The current Personnel Policy allows an employee to take a maximum of 3 days sick leave for dependents who are ill. Mr. Heller is requesting that the City Council review the current sick policy as it applies to dependents and possibly revise it. Recent changes in Federal and State laws have resulted in considerable flexibility for an employee using sick time for dependent children, but the Federal and State laws do not address sick leave for spouses. The union contract is also silent on the sick leave issue, so the Personnel Policy would apply to this request. The City Attorney is currently preparing a complete revised Personnel Policy, but due to the current situation, this employee is requesting that this one policy be addressed ahead of the rest of the Personnel Policy. This employee was granted a one time extension of the sick leave policy by the City Council in December, 1993 to use 80 hours of sick time for his spouses illness. Since that time, the employee has been using vacation time for this purpose. The City Attorney has drafted the attached proposed new sick leave policy as it pertains to spouses for City Council consideration. Basically, the draft policy allows for an employee to use up to 160 hours of sick time for a spouse upon approval by the City Administrator along with an opportunity to request a second 160 hours, within a maximum 2 month period. This policy could only be used during extraordinary circumstances or life threatening illnesses as determined by the City Administrator. The draft policy has been reviewed by all department heads and the consensus was that this is a reasonable policy to adopt. Attached is Resolution No. 3948 which amends the Personnel Policy accordingly. ALTERNATIVES: 1. Adopt Resolution No. 3948 amending the Personnel Policy, as drafted. 2. Adopt Resolution No. 3948, but revise the draft policy. 3. Deny Resolution No. 3948 and leave the sick policy at 3 days for a spouse. 4. Table the issue. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3948, A Resolution of the City of Shakopee, Minnesota, Amending Resolution No. 1571, Adopting Personnel Policies for the City of Shakopee, by Adding a Provision Relating to Using Sick Leave for Spouses and move its adoption. DEH/pmp MEM3948 RESOLUTION NO. 3948 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 1571, ADOPTING PERSONNEL POLICIES FOR THE CITY OF SHAKOPEE, BY ADDING A PROVISION RELATING TO USING SICK LEAVE FOR SPOUSES . WHEREAS, on March 5, 1980, the City Council of the City of Shakopee adopted Personnel Policies for the City of Shakopee; and WHEREAS, changing circumstances have resulted in numerous amendments to those policies, and another is recommended. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That Resolution No. 1571, adopted by the City Council on March 5, 1980 , adopting Personnel Policies for the City of Shakopee, is hereby amended by adding the provision attached hereto as Exhibit A. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee Attest : City Clerk �� . Approved as to form: Aft � I0�j City Attorney __ [2 6MEMO2] EXHIBIT A SECTION 10 . SICK LEAVE: Subdivision 2 . Purpose . Upon an employee' s request, sick leave may be granted to employees who accumulated pay sick time when the employee is unable to perform work duties due to illness, disability, the necessity for medical, dental, or chiropractic care, pregnancy disability, or exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties . Sick leave may also be granted for a maximum of three days for death or serious illness of an employee' s immediate family. These three days may also be used for the care of dependents who are ill . In the event an employee' s spouse suffers a life- threatening illness, as determined by the City Administrator after receipt of a letter from a physician, and the spouse needs continuous care, the City Administrator may grant the employee authorization to use up to 160 hours of sick leave during a 30- day period. One extension of up to 160 more hours during an additional 30-day period may be granted by the City Administrator upon proof that the life-threatening illness continues, the spouse still needs continuous care, and that additional leave to care for the spouse (either sick, vacation, or unpaid leave) will not be needed after this time . [2 6MEMO2] . . /31 CONSENT Attached is a print out showing the division budget status as of 12/31/93 for 1993 and 1/27/94 for 1994 based on data entered as of 1/27/94 date. 12/31/93 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,140 5,394 56,206 81 12 CITY ADMINISTRATOR 198,110 28,666 195,501 99 13 CITY CLERK 114,510 13,034 112,427 98 15 FINANCE 273,520 31,904 252,008 92 16 LEGAL COUNSEL 158,120 14,931 145,450 92 17 PLANNING 376,940 33,950 308,604 82 18 GENERAL GOVERNMENT BUILDINGS 119,426 30,456 129,543 108 31 POLICE 1,432,630 169,576 1,377,790 96 32 FIRE 255,820 22,559 241,751 95 33 INSPECTION-BLDG-PLMBG-HTG 165,804 21,002 151,397 91 41 ENGINEERING 342,720 38,476 286,074 83 42 STREET MAINTENANCE 688,710 72,832 572,751 83 44 SHOP 149,420 16,019 127,633 85 46 PARK MAINTENANCE 318,770 27,944 293,831 92 48 REFUSE COLLECTION 521,389 81,802 503,349 97 61 POOL 150,300 3,495 144,068 96 64 RECREATION 214,011 26,767 196,093 92 91 UNALLOCATED 1,142,645 628,726 1,132,822 99 TOTAL GENERAL FUND 6,691,985 1,267,533 6,227,298 93 17 PLANNING 360,860 45,963 325,137 90 TOTAL TRANSIT 360,860 45,963 325,137 90 12 CITY ADMINISTRATOR 64,870 8,539 52,559 81 TOTAL HRA 64,870 8,539 52,559 81 00 N/A 339,400 290,318 290,318 86 TOTAL CAPITAL EQUIP REVOLVING FUND 339,400 290,318 290,318 86 01/28/94 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,140 2,814 2,814 4 12 CITY ADMINISTRATOR 185,140 11,960 11,960 6 13 CITY CLERK 116,490 4,501 4,501 4 15 FINANCE 278,020 14,330 14,330 5 16 LEGAL COUNSEL 151,000 7,552 7,552 5 17 PLANNING 405,840 11,436 11,436 3 18 GENERAL GOVERNMENT BUILDINGS 114,460 3,153 3,153 3 31 POLICE 1,332,050 76,350 76,350 6 32 FIRE 865,310 2,538 2,538 0 33 INSPECTION-BLDG-PLMBG-HTG 161,750 7,706 7,706 5 41 ENGINEERING 346,590 16,608 16,608 5 42 STREET MAINTENANCE 582,720 20,155 20,155 3 44 SHOP 103,120 5,949 5,949 6 46 PARK MAINTENANCE 289,940 7,428 7,428 3 48 REFUSE COLLECTION 513,550 0 0 0 61 POOL 150,300 2,012 2,012 1 64 RECREATION 200,010 10,412 10,412 5 91 UNALLOCATED 177,000 114,566 114,566 65 TOTAL GENERAL FUND 6,042,430 319,470 319,470 5 17 PLANNING 360,860 7,018 7,018 2 TOTAL TRANSIT 360,860 7,018 7,018 2 12 CITY ADMINISTRATOR 64,870 1,942 1,942 3 TOTAL HRA 64,870 1,942 1,942 3 ,-a 1x x 1x x x x x x o4 x x c4 x a4 x d H H H H H H H H H H H H H H H r-1 X z 0� 00 I.. •N z 0 w W U in COco .0 .O 0 N CO COa, 0 H r-1 N M M 0 N N N CV N N .--I .--1 CV N N N N N N Z 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 H 0 0 O 0 0 0 0 O 0 0 0 O 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 * .-I M Cl 0 0 CO 0 0 0 0 N M .-i* N .o Co N CO a. CT M a. ra .-4 .--I N r-- r- r- N H r-I r-1 .--1 M M .7' 0 .0 .O Cr) .--1 .--1 .-i .-4 . 1 .Z N N N .7 .7 .7 N M - .7 N N N N N A I 1 1 1 I I I r r 0 N N N M H ra ,-1 .O - .0 N N N N N U r-1 r4 '-I .--r N CO 0 t` .--1 t` r-I .-.4 .-a . I . I U a. CT a. N .O .7' 0 0 M 9--1 01 CT CT CT a• 4 0 O 0 O O 0 a• M O. 0 0 O 0 0 0 2 0 H H n. H 0 rn W 0 W z WW A A o o fr. z O ,, H u � 0 xx a a OO AA H = U .a H 2 X W W co co H < W x 0 H H x x O Oa0 Z g)4 Z 0 c4 05 c4 c4 < p X N A in 0 0 coca 0 ›.., 44 Gz. U 0 Z W W C Z W H H 0 0 00 H H E'' 0 0U H d a Cl) a s 0 0 H W w N H O C4 0 gml A A 2 Z 0 O' o z - 0 04 W H x x Z C4 C4 Co H a. U a 0 0 o 44 U a, r4 V } co H .7 - 7 .7 0 0 0 O 0 o .-4 a. 0O r-1 a` 0 N N N N O '-4 r-1 0 0 Z 00 r-I .--I 00 00 00 M %00 N .--ICT CO co '.o 'O a• .o in a co co OO � .-1 0 O in in O - in .-I to .O M M M M to 0) - M M .--4 .-4 CO• 0 h r co co00 cn .'7 X N N Cl M N N 7 .7 M M r-I r-- co Co 0 CO .O .O H .-4 .O in N ._1 `i M < N N M M N N N N CA VY N - .O .O N CO co CO in to U) d (-1 .._1 .--I u'1 in .rl V} VY V} VY VY V> V> V} N VY V> - VY - - - C/} V? - - - V> V> V> V> .n r >,+ xit-1 .--1 4-1 O r-1 N LT. U co- V} co. co- VS V> Vl W X a 0 W H Co W a, a• a, a, a, rn a, N N N r` r- r-- N H H .--I 1--1 .--1 .-i .'-1 r-1 .--1 N N N N N N N N U 6 \ \ \ \ \ \\ \\ \ \ \\ V .-I W A .--I .-4 .--1 .-4 .--1 .--1 . f..!--if..! H .-i •--� p; 0 0 0 O 0 O O O O O 0 O O 0 O x 0 - - .7 .7 .7 .7 - - .7 — - U W CT CA a. CT CT CT a, CT a. CT CT a` a• a• a• W Co CT CT rn CT CT CT Os ON CT rn CT CT rn � � Co 0 r-1 r•-1 .--1 4-1 r-1 r•1 r-1 .--1 .-Ir-1 r-1 H U 0 r-- co o. O H N c•: �- r .p H 2 Co a, rn rn a� a` c') N H CO CO CO N ^ ^ ^ .. --.0- 0 t U 0 r- r` r• r- r' C' r Cr 0 O 2 0 a, 0, a• a, c, as C') C') raj M - M M 0 0 0 0 0 0 0 0 0 0 AO Co 0 CD 0 0 0 0 0 .a Ix Ix c4 cG x a a a a a a a a aaa a N <4 H H H H H H H H H H H H H H H H H z 00 a • z 0 a w U 'O H .-1 N M �7 to to N M �7 .7 - - N to in in M 0 M M M M M M .--i .--1 .--1 . 1 H .-1 0 .--1 r..1 I-4 Ol 'J .i -I i .i 1 to trl Le-) LeLn Lei I ul trl to N Z 0 O O 0 0 0 0 0 0 0 0 0 - 0 0 O .-1 H 0 0 0 O 0 0 O 0 0 0 0 0 Lo 0 0 0 p4 O 0 0 0 O 0 0 0 0 0 0 0 .--I 0 0 0 Q 4t M .--1 CO CO 0 O O 0 0 0 0 0 0 0 O 0 0 CO CO 1` N O` CT 4-I .-1 .--i .--I .--I .-I .-1 .--1 .-1 .-1 El .-4 .-1 .--1 .--1 M M N N M M M M M M M M N Z N N N N - �7 .7 .7 ,7 �7 - .7 ,7 - - - I 1 I I i 1 1 1 1 1 1 1 t I 1 0 N N N N .-i .--1 .-4 .--1 N .--1 M %O N vO - 0 N 0 r1 .--1 .-1 .--1 .--1 N 47 .7 N O .-1 a .-1 O to in N 0 O. as CT O` M .--1 47 kO M S.O '.O in ,sO CO CO CO .-1 <' O 0 0 O 0 0 O 0 as sO '-O '.O %D 0 0 0 0 U W W W W W W W W Z 0000 U 0 0 U < fn H H H H H H H H V) Z W I-I Ri G: 1:4 c4 c4 1:+ c4 Cti H 0 H a w w w w w www a HZ as V) v) V/ En co Cn cn N a H ccn < < < < < < < < Ci) U H 0 0 0 0 0 0 0 0 0 0 V) Z Z H H H H H H H H Z W W H V) V) cn V) V) V) V) V) H A a LCH� W W W W W W W til H i-iX W 0 0 0 0 0 0 0 0 ILI Cr a c4 Pdc4a a' cwww a w 0 a a a a a a a a 0 H z 2 Z m 0 0 0 0 0 0 .,73 NNN. H 0 0 > 7 N. W C < W W W' W W[2-1 W H H H ZZZZ Cil CA VI 0 .] 0 0 CID O H C4 .a Z Z 0 0 W H H H H 0 0 0 Le-) 0 0 H H Z Z H Z X X .^-. X N z U C < H H Ia-1 0 3 3 3 3 ..1 ..1 .a co W 0 W W H H O Ri 0 .,25 0 0 0 0 0 0 > C U ,-1 •] a 1 >+ >+ 7+ z U U U H U U H H a' X W W W W H CO CO V) Cn 7 W H E Z > 7 X .a.] tea' c4 a a 0 Ll 0 0 as U Cl) V) 0 0 < W 0 0 0 0 0 Z z Z 0 O, c:. Cl) ^J 'J 0 0 'J' U 0 a 0 0 ,i H H H .a .-1 CO -.. -� - . CV H in to `- - N N N N 0 0 0. .--i .--1 .--1 .--1 0 0 0 0 0 0' rn 0 0 0 0 0 U .0 .O 0 0 f` t` N1-.. 0 1 0 0 .D %O1--. N 0 in to 0 0 .--1 H 0 0 0 0 Cl N 0 M M I� N to to N N to to 0 Cn O. �7 4- 0 - s7 .-i 0 N N 0 0 to in .--1 '7 Z N N N N 'O %O '.O '.O 'O '.O M N N N N 0 Os 0 0 0 10 'O to N M O N N N N N 0 0 N N H .--1 M .-1 .--1 N N to N 0 0 0 0 C? .-i .-i M Crt ...I N N - - Ch CI> N C/? N V? V? C/Y N CO- CI> V? S-1 X H H in to Cr) N .--1 N .--I .-1 LL. 0 .-i H Ch GY C? (I> CO- Cl)- C? V> W v} N x oG 0 W H Cl) W N N N N N 1� .-1 .-1 .--1 .-1 H H .--1 .--1 .-1 .-1 .-1 H H N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 C \ - - - \\ - \ \- - \ - - - \ W 0 H H 4-1 .--1 .--1 N N N N N N N N N N N C4 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 X \ \ \ \ . \ \ - ---I• - . \ \ \\ \ \ U W O' O, Cn C, OA CT ON O, 0' O` O` a' C' O` O` O' Os W x OT 0, CI\ O+ O' Cf` Cn O, CT O+ CT CT Cf, Cf` O, CT O` 5 0 •--1 .--i .--1 H .-1 .--1 .-1 .--1 .--1 H .-4 .--1 .--1 .I .--1 .--1 H 0 0 .-a Z N CO O` 0 .--1 N M �7 in 'O H N N N M M as O' O' ON a' UX - - CO CO CO CO CO Z 0 0 O O 0 0 - - �7 - - X W - - ` - ` �7 ` ,7 ,7 0 X o 0 0 0 0 0 0 0 0 0 U U • 14 a a a a a a a a a a a a a a a a a a a <4 HHHHH H H H H H H H H H H H H H H Cn z 00 0 02 a •E z 0 a O O 0 w ' 0 7 N • 1 N C H M r') C7 C7 C`7 %D N N n N N r- O s-0 CO Cx) N N N 0 ' CT O` CT OT r-I .--1 .-1 r-1 r4 .--1 .-1 7 CO H 0 .7 N N N N N to to In VI Cn 1n ul CT 7 I.n r-1 vl LA L!1 Z 1-1 .4 .-I 1--1 .--1 0 0 0 0 0 0 0 N Cn 0 O0 0 0 O H . . p�., p� O O O O O O O a Q ¢ 0 0 0 0 0 0 0CT P40 0 0 00 % 0 0 0 0 0 0 0 0 0 0 0 0 N 0 r-1 0 0 0 0 Cn .--1 to .--1 ra r-1 CO CO CO CO CO CO - .-1 N .--1 .--I 1-4 VI Cn7 C7 7 7 N m cncnch r1 c r-1 N r-4 Ch N N z 7 7 .7 .7 7 7 .7 7 7 7 7 7 7 77 7 1 1 1 1 1 1 I 1 1 1 1 1 1 1 I 1 ,.I'11 1 0 N r-1 Ch N Ch r-1 .--1 CO N r-1 .-i .--1 r-1 e--1 .--1 .--1 H CO .--1 U ul Cfl t!1 to ul 7 CO N CO N .--1 N 1--1 r-1 .-4 1-1 N N .-1 U .-4 N r-1 H .-1 7 1-1 'D .-1 01 C 7 7 m .--I Cil 7 '.D M d 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O O O o O W W 0 0 Cl)Z cn H H Z H Cs1 H Qi 00 Cl) a W W W W W W .a W H H H H a 000000 a U a H co P4 Z E-1 P3 CO HHHHHH H A ,-a Cl) z cH4 A A Cl) wwwwww w N z 0 \ \ 0 cn (.1) Ci) CI) Cn cn 0 00 0 00ff Cl) 0 Cn Z Cn Cn Z '>+ 7+ 7+ ✓+ >4 7+ 0 H Cl) H Z coi A H ,4 H �1 ►-1 (i H H H H R H ►a (-4 E-1 H Z H Z z W H H H H H H W W Ri 0 W H 0 c4 w 14 w w a H H H H H H z ' D C4 aaGac4x 0 A A A A A A A 0 w w P-1 0 CO =., N s.D .7 c4a c=3 ND C:1 Z Ri CT Cl) A c4 Z 0 C4 4.4 0 W 0 0 VI 0 Z A A G'" Z U N A Z 000000Cn Cn Cn F W CO0 W Z < < < < < < 0 d C Z Cn LT-1 00 O co D Cn Cn co co co Ci) Cr) W W W w W WF1 a W 0i-1 Cl) .4 HHHHH W ZZZZZZ Z Cn 7 00000 L:7 A 0 Os .- 0) 0H H H H H H H Z 0 H ) - - .-1 X Z Z X Z X X Z a Ce U) 1-1 yx N• H O 10 N 7 M .n O O N to /--I Ch N 7 1` ... 7 O O �D �D O O .7 .7 CO CO O O z in .--I 7 N CO .t 0 0 CO 0 0 ON v1 0 Cn 0 0 0 0 VO '.D 0 0 CO CO O' Q` 0 0 G D . CO 0 0 0 .-4 N M O` vl LA .--I O N CO '.D Ch N N N 7 .7 N N 0 0 Fr1 Ln '.D '.D N N '-j .-i '.O N CO In ..7 .--I r-1 - CO as in M r• CO o O N N CO CO in in as as '.D 'D .--I 1--1 N N .--1 N CO N N C/} 0 H 0 0 0 (.0-4C/} N C? N N C? C/} N C/> CV CV Cn Cn C? C/} C/} Cn .4-IN V? t? - V} .. .-1 .-1 N N W• 0 V} CR CA (!). N CA N c*] x a' U Li) F, .-1 r- i 1-1 r-I co W r 1 H .--1 H .--1 r-1 r-1 r-1 r-1 .--I H .--1 .--1 i 0 O o O H H 0 0 0 0 00 0 0 0 0 0 0 0 o O 0 < \\\\\ \ \\\\\\ \ \ \ \ \ \ \ W A N N N N N N N N N N CV N N N N N N N N C4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \\\\\ \ \\\\\\ \ \ \ \ \ \ 7 7 7 7 •7 C..L U 7 7 7 7 7 7 7 7 7 7 7 7 7 OA ON ON 0' CT C.1 W ON ON ON as CT CT ON O� Q` ON CT O+ CA �O. O. ON � ON Q` ON O` = 041 = . rnrn ON rnrnrnrnrn . ON ONas .-4 r-1 H x U --I .--I .--I .--t .--I .--1H H .--I r-1 r-C .--I .--1 .-i .-a 0 1 Cl v .n H Z ^ CO ON 0 00 0 0 0 0 0 0 CT CO ON ON CA CT ON C' 0 0 co - - - 7 7 ` . - �' Z U .7 •t • .7 - d v O O O 0 0 S O 0 O 0 0 0 0 U F.1 a s a s a a a a a a a a a a a a Cl. s AH H H H H H H H H H HHHHHH H H z c 00 CO a •g z 0 a w 0 H M M 7 7 Lll %D IN CO O's 0 0 0 0 0 0 0 0 0 N N CV N CV N 7 N N N M M M M M M M M > in u-) In 1n Ln in C41 i/1 in CV N N N N CV ill ill Z 0 0 0 0 0 0 0 O 0 0 7 7 7 7 7 7 0 0 H 0 0 0 0 0 0 COM) 00 0 00 eN-I -4-1 .--I .C.1 CNJ N-1 i-I .Ni 0 0 0 0 O O 0 0 O O # 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cis Cr, M M Co r-1 7 r-1 7 '-i e-1 .--1 .-4 •-i r-i r-4 r-I .-I H M M M M M M N M z 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 .7 7 ,1- = I I I I I I I 1 1 I IIIIII I I O .-i .-i v1 .-i .--i r-I r-I .--I .-i .-1 .--I Co .-♦ a` r-I CV VD .--1 U .--i N CV N Co 7 7 CO Hi N N N .--I N CO CO 1/1 .-i o M M ri .--1 7 7 7 .-d M r-I '.D VD '.D 7 ri .-I .--1 7 < 0 0 O 0 O 0 0 O 0 0 0 0 0 0 O O O 0 1:4H r4 U 41 U w 0 w w �l -.. U U H < H e„" Cl) M V) N V) V) V) H H Z > Z w w w w w w w > y Z 0 0 z Z C4 W C4 W H HHHHHH 0 00 W W w W H W F a a .] a .-1 .-7 •-1 ww H XX HH U V) Z U) Z a aaaaaa V) N H vU VD V) H H H a a a a a as 04 N V) H H a ,.a C4 4.1 41 0 2 0 A A U) 0 F Z H 0 0 0 0 0 0 0 0Z 0Z Z H Z z ZZZZZZ H H 0 0.i w a s [rl N 2 N W H HHHHHH U V) H H H F F F F W W 2 2 Q Q H 0 X 0 H C4 0 0 0 0 a: CL' F I:4 0' 1:4 0' a a a a a a a 04 c4 U U H H = a W a w 0 0 0 0 0 0 0 a s a H U < w w H z 0 W 2 Z Z 2 H H H 0 H H Z Z 0w V) n 0 0 a Z H Cl) >4 >40 w wXa 0 H < N N x r w a a a a a oA CV A U) V) < Q < w 0 0 � Z H 000000 H H CO 'Jw 2 2 CO CO 0 A w 2 C�7 U a4 a4 Q A 41 H W L-: W W w L z z r.... Lz. U U H Edi CO V] Z Ci) 04 < < < < < < Z 2 rn H F F E, < Cl) `4 A ,a ON VI V) C/1 Cf) 3 3 < < < Z < < < << < < c<o .-i Co :it X N H 11 u1 0 0 0 0 0 0 0 0 0 O . .-i .-i4 0 0 O O O• a� i as CO0 — 0 0 0 0 0 co 1` I` 7 C O O O 0 7 7 u . • 11 7 7 O O as OMo M co cr1 M N•• CU 0 0 0 0 :l1 411 0 Cr, a` M M H r--1 0 0 0 0 '.D '.D r i V a' CV VD CV '.D ,--I .-i CV '-) Z ON Co n .-i .-1 M M M VD '.D M M co CO V1 V1 rll 11 la) 7 O ON 0 a+ ON 0 0 0 < .--i M tll C/} C/} Cr} M M r-I r-♦ Cl} Cl} Cl} C/} C/} CO- N Cr} r-i C/} .-i CO- 7 CO- Co M M '.O w 0 (LI x CL' 0 W H V) w .-i .-i .-, .-i .-i .--1 .-I .-1 .-i H r-d .--- .-1 .-i .-i .--i .-i .-I H H O O 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 < \ \ \ \ \ \ \ \ \ \ \\\ \\\ \\ w A CV CV CV CV CV CV CV CV CV CV CV CV CV N CV CV CV CV C4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . \ \\ \ \ \ \ \ \ \\ \\\\ \\ a4 U 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 .7 U W a' a' C` CA as ON ON Cr, ON as ON C, ON ON ON C' as ON W x ON a. ON ON Cr, a. as as rn as rn a rn CM rn rn 0, a' U0 .-i .-4 .--1 Hi HI H H .-i .-. .--1 H HI .-i ..-1 1 .-1 O .) Z n Co a. 0 7 II) %D r- Co a' H 0 0 0 .-i HI .--1 r-♦ -.1 .-i Hi 0 E4 OS OS OS Os Os O` CT C\ as O` Z 0 7 7 7 7 7 7 7 7 7 7 O Cr.) 7 7 7 7 7 7 7 0 0 0 0 0 0 00 0 0 0 U 0 0 0 0 g a a a a s a s a a a a a a a+ Q,' H H H H I--1 H H H H H H H H H to z 00 0 td O. z 0 a W M M M .7 d as 0 01 CO 0 N M M M M M M N in .7 CO N M ON 0 in in in to in in 01 in in 0 0 N .-1 Z to 0 0 0 0 0 0 N 0 N 0 N - CO H ON 0 0 0 0 0 0 VI In M in M 0 N No 0 0 O O 0 OS N -4 st 4 0 CO to 0 0 .--i .--1 0 0 0 0 0 0 M -4 N r1 < < N N .-1 to .--1 .--1 .-1 .--I M H N N N N M M N in N N N N d z < M < . -• - - - .--1 < - - < - A I I I I I I I I I I I I I I 0 u--1 H N N .-i rl .-d .-1 ra .--1 rr r1 N ri U < to N .-1 < r1 N .-1 0 --1 �7 N t` N 0 .7 CO .7 M .7 M M -7 0 M '.D M rl rl Q 0 0 0 0 O O 0 0 01 0 0 0 0 0 U 0 C/) Co Co Cl) Cl) Z Z Z H H H H H w w a a a a E, H H H H 13.1 0 0.1 111 LI a HH `g g CO C CO N N N U H H t/) H H W W 0 U 0 0 0 0 t/) Z U a Z Z Z Z Z Z Z Z Z W W d 6 W W 0 0 H A H H H H H Z Z x x H H H H H H A H g W H H W W a g g g gcn H O o a s w w w w w W w w A 0• a w w a a a a a a co W H H 0 a o 0 0 o A H U) 0 co 2 E-4 U U H rl 0 H H W 0 H Z 0 U H N H 0 0 () tU/) C4 00 Z W 0 a4 H w N 0 r--1 x CO 0 0 W H w 0 a g CO W A 1 0 H H O4 cdo Z tao) W Z 0 > co H ,23 •.Ls 11 <4 W H x Z Z w w Q w MI H to c. cr., Q Q C W W H C4 0 W W. 0 IT U) U) CO 0 U0 U A A U 0 .-a y V V r n CO ^ •r ^ y N H '.D sr) 0 0 0 0 NON .-1 ON O's CO CO CO '.O '.D N N r1 gd < .-1 to to Z M M O O N N '.O O+ 'O '.D N s 0 0 to to OS O+ O` Ot N N N n O 0 td 0 0 0 to u'1 '.D w ON - - N '.D CT '.D '.D as as .7 .7 M M N n in to N N h Z 1 .--1 N N 0 0 VD M 0 '.D M Ot M M 0 0 N N N N 01 Ot N h O' Q` N N V} C/} M M C/} d} r1 N t? th in in to � C N Cr} C/} t? C? CJ} th t/} •.1 d N � Cl)- H rl (s.. 0 NV} W x O4 U W H t/) W H .-I H .-I r1 H H r1 rl rI H •44 '""I H H O 0 O o 0 0 0 0 0 0 0 0 0 O OCI \ \0. N N N N N N N N C\ \ \ \ N N N C:4 C] 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \ \ \ \\ \\ \ \ \ \ \ \ • 0 s - -3- v -4- -4- .4- s - v v .7 + as as as as as as Qt at as as as as W Z as a+ O' 01 Os OS at OS 01 OS OS OS Cs OS = 0 .--I .-4 H .-1 .--I .--I .-I .--I H .-1 .--I H .--1 ""I 0 0 ra Z 0 •-1 N M ` to 10 t\ CO ON 0 '-'I H N N N N N N N N N N c•-^ In 0 pL D' C' a. C' rn as as rn ch as c rn Z U �! �- �7 ` d 7 .7 v -: d xd0 0 0 0 0 0 0 0 0 0 0 0 0 U 0 a a s a a a a aaa a a a <' H H H H H H H H H H H H H H H Z II)) cd a 5 z 0 a w o0 o O H u1 t!1 00 'O N- co as as ON O .-i 0 M 07 00 M Ch 'J t11 u1 M t!1 tCl Lc) C- M In in IIl in it) to Z O 0 .-1 0 0 u1 .7 N O O O 0 0 O N H 0 0 0 0 0 M O' 0 0 0 0 0 In O' OH 0 0 0 0 0 0 O' 0 O O O 0 0 .-i 4t O O O O O O O O O O O O O O O ul N .7 M .-1 .7 H H .--1 .-1 .--i .-i M C' '--t H M M N M N N N N N M M M M cl N Z - N N d -- .7 .7 � - .7 O I I I I I I I I I I t I I t i 0 .-1 .--I .-1 .--1 .-1 N 0 0 .-I .--i N N .--I .--I .-1 U .7 .7 .7 .-1 M .--i s7 Nt N M ul n N .--I O 'D 'O .7 .-1 M M CO CO .-1 N .--i .-I .-1 .7 M - O O O O O O O' O' O 0 O O O O 0 U 0 W W W CY. Z .4 W Cl) < t•-1 ,-] Cl) H H H W Z H Z Z H W CO Co W D > > U .-a W 0 CO El W t-] H 1-1 W W W Z 0 .-a H H H .-a Z N coa -. H Pa P, . 0.. as co N H 0 a CA 0 1:14 H O g Cl) N W W V) < d Cl) \ C/) U \ H p C.7 H U U Z Z Z Co W 0 0 0 0 O 0 0 W Z W W \ H W x H N V) CO \ W H [a H < ca-. .--1 E" off. U U E" W W W W W El P-4 CO a s 14 a 0 0 14 aaa a� o 14 a s W El 0 W U U 0 aaa H 0 0 0 0 N N 0 I\ n Z 0 H 0 H H H U H 0, Cr U Cd Z O H H .-a Cl) CL H Cl) El o 0 a W H W . N 0 ..a ..7 C:a Z H < 0 c4 O 41 0 0 0 0- U CO 0 H 0 0 Cr: E-4 - VI 4 4 H 14 14 14 . toW Ci. X 0 C4 Cr) H H H H Cl) 0 Z Z Z g 0 Z wAy. W 0 0 0 0 Q co a O' H H H x .-1 P-4H a p-40 O-a .0-1 rO-1 Z .-1 co . -4 r V y • V V y N H 'D .-i n NO 'D CO 00 0 0 0 0 0 0 0 0 0 O 0 0 0 0 O O 0 O N Z 'D co - a' O' Co co 'D 'D 0 0 to to O O O O O O O O O O O O to Z O • . cJ 0 O O H .--i .--i n h. in in O 0 M C) 0 O in in .-1 en O .7 N N in in M _) Z .7 M I\ H .-1 .-1 .4 .7 - .4 .-I CO 00 in Ul V} (f} M C' O N .-1 .-4 IN N N N .7 'D N N N VY in in VY V> N N - .7 NO CO ON .7 V} C/} V? V> V} '•i N VY V> VY V} V> Cl)- V> V} V> C/1 - VY - - L U Cl Cl Cl W V} VY V? X W 0 H Cr) W .--1 -1 H -1 .-1 H ..1 r1 H H H .-1 H H .-1 H H O O O O O O O O O O O O O O O 0 <4 - \ \ - - \ \ \ \ \ -\ \ - \ W 0 N N CV N CV N N N N N N N N N N Cd 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 X \ \ \ \ \ \ \ \ - . - \ \ \ X U .7 .7 v d N Nt .7 .7 -.7 .4 -.7 -4 U W O' O' O' O' C' C' O' O' O' O' O' C` ON as O' 4.1 x (:' O' O' C' O' C' O' O' as O' O' C' O' O' O' 4,7 U .-I r--1 .--i .-1 .--1 .-1 .-i .--1 .-1 .-I .-1 .-i .-1 .-1 .-1 U 0 .) Z N M d ul '0 n co as 0 .� N H M M M cl C'1 M M M .7 . .7 U x c' as C' as as as as as as C' as ZO W ` . .7 .7 - v - v .7 .7 d .7 .7 -4 .7 .7 O A 0 0 0 0 0 0 0 0 0 0 0 0 0 e-a a a a a a a a s a a a a a < H H H H H H H H H H H H H n E C GO) N A.; N z 0 a E4 o O, H N Cn - v1 0 1. 1N %0 Is. Os 0 .7 .7 O .7 .7 C7 4' .7 4' co in -4- > 7> In .n N in v1 N In In In CV 0 In 0 Z O 0 N O 0 co 0 0 0 In co 0 co H O 0 0 0 O .-4 0 0 O 0 .7 0 CO 0 0 .--I 0 0 CV 0 0 0 0 N 0 .7 4k cn 0 0 M 0 0 0 0 O 0 0 M 0 Cl CT .--1 M .7 .7 O' CT .--1 .7 .--i cn .7 H .7 C7 CV .T N 'O M cn cn CV CV .7 N Z .7 7 CV .7 .7 .-d .7 .7 4' .7 .7 .7 4' A . I . I . . I I I I I I I 0 .-1 H 0 .-1 v1 0 e-1 .-1 0 .-1 .-1 .-1 .-1 0 e--1 .7 .7 4' CV c') N e--1 N .7 H M .7 O cn VJ CO '.O V, N .--1 .7 .7 .* '.O f-- .t d O 0 rn 0 0 CT 0 0 rn 0 0 0 0 0 0 0C H w HH0 > �a CO z a s > z w z z C4 0 Q W 0 0 a4 W H W 0 w 0 r H 0 0 w H .a H H co x < Z x x co Z a Z a ,-.1 co a H co co r.7 H H zc4 w z wwzz " z 0 0 0 0 H H 0 0 0 H 0 H C/) H Z Z Z Z Z H Z Z Z W V) W x W W W W V) W H W A V) C4 0 Z cY. 1:4 cn Z H Z LL [z. V) H H W (z.. L*. H Cn H 0 Z 0 W Z Z 0 A W W x 0 ) o 0' 0 0 C4 0• a 0' a 0 0 A W W CJ 0 a W 0 A W co 0 c4 0 A 0 0 >-• co co Z Z Cn H rl cn Z 0 0 CO a.. Z h Z W co co ' c!) P 0 0 0 u; W H ) Z z 0 .-) Cil H `•)• Z 0 CO H H H cn 00 cxa Z co W 0 H 0 i • H Z H U O O > H V) V) Cr... H H 2 0 H Cr 0 0 w A Z w w c/) U) a a A 2 ¢ 0 0 .-.1 w A H .7 . Z a H Z A A A A U Z x CT z 2 0 H P 6 6 Q W W E 0 on 2 Z Z 0 Z o a s a Pcn cn .a CO X X % x it X N H n 00 O o OO 00 h N in In 000 OO .-1 .-1 .n .n 00 00 Z in O 0 0 0 to .n O 0 co co cn cn 0 0 0 O 0 CV CV C7 M .n to O 0 CA . . . . . . . . . . . . . . . . . • . . . . . co 0 M O 0 0 0 as Os cn ch CO CO 1n In as as CO O 0 N CV 0 0 cn c') .7 .: ') Z N '.O '.O CO CO 0 0 as as .--1 .--1 CV CV as CT ON 0 0 .7 - 0 0 N in CO CO V> cn cn V> N .7 . ch cn C) cn to to co- co. .--1 N N .-I .--1 .-I .--1 V> CO- V> CO. ..a V> C> V> V1 V> V> N V> - - V> - - V> V> N V> }.. x N CV .-1 .--i 1'z. 0 CO. C.O. V> CO W x a4 0 w H co W .--1 .--1 .--1 e-4 .--1 .--1 .--I .--1 41 .-i .--1 r; H H H 0 0 0 O 0 0 O O O O O 0 O 0 d \ \ - \ \ \ \\ 14 A CV CV CV CV CV CV CV CV CV CV CV CV CV Cr 0 0 0 0 0 O 0 0 0 0 0 0 0 - - -_ -� 0 .7 .- .7 .7 - .7 4' .7 .7 .7 .7 .7 C) Ix) as CT Os as a as CT CT as as CT CT as Ix) x as as a CT CT Os as O. as as a CT as X 0 .-I .--1 .-1 .-a .--1 .--1 H e-I ri .-I .--i H .-1 0 0 .-) Z cn 4' In 'O N CO as 0 e--1 N C) 4' In H ` .7 ` .7 - .7 - In In .n .n to .n 0 x as as as C'i CT CT a. O. O' a, O' O. as 2 0 . - .7 .7 .7 .7 .7 - - - ... - A [zl .7 .7 .7 - .7 d - .7 .7 .7 .7 .7 0 x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,-I a, P. P.. P. P. P. a a. a. P. P. P. P. P. P. < H H H H H H H H H H H H H H H CO A z Z.0) 0 O.. •N z 0 a W co U O H 0 �D r-1 N C7 .7 in til vl in in 0 1/40 O N to CO ill IC) in Ul to Ltl If1 111 N Cfl .7 N to .--1 0T Vl to In U1 vl u1 In in 0 Z N rn kD 0 c0 0 0 0 0 O O O O O N H 0 Cr, 0 0 0 0\ 0 0 0 00000 M ,-1 .-. VD 0 a` N 0 0 0 00000 C' # 0 0 0 M 0 0 N r` 0 00000 O .-I ,--1 C7 C7 H v N N N .--1 .--I M H M .--1 H N C`7 N .7 N N N .7 Ch N N N N N C`1 z N - - - N - M - - - .t - .7 A I I i i i i i I I I I I i 0 0 r-♦ r-. .--1 0 H N 0 H .-4 H .-4 r-i .-1 r-i U .7 'D .-i N .7 .7 r'-1 N N N .7 .•a N N r•1 U CO .--i M r-♦ CO .7 M CO .7 .7 .7 C`'. ‘.D .7 .7 < rn 0 0 0 Cr, 0 0 0 0 00000 0 W 0 U W Z ¢ a < EMI ZW .-a w a s a w HH .4 W H < Z H P. a. H a. H !A H P. Z a. H 0 H P. P. Z a. Z H W < .co 4H t/) /) H N H < Z CD c.,) Hff 0 Z E-4 ZZOZO HH W °co Z W w < W H H Z H Z (/) A U H U PH H H WW . Gd x < AA P. i-1 H 0 H H • W 0 0 H W 0 A H A co0 c4 A A 0' 0 0 0 P. a. A 0. A w U P. CO 0 0 W Z r P. OOCOC P. P. co H H H H H W W z H W A OH N A W Z C/) Z W (/) MCI) N c/) X 0 H A C4 0 r] H < H .a .-a .l .a rl ,-1 Pa D C/) W 0 r] < Z co < < < < < < u1 0 < H \ H < U Z NA A coco Z Z H < g ZZZZZ co W - H W al [_' .. mc4 a a WP'.. WP'. < O > H 0 W x W L•: X x 0 N H 0 0 P. o. < El P. 00000 Cd H H H 0 0 W 00000 W Z H > Y Y Y W Cl'. HHHHH .7 x 0 CG < < < a• 0 co HHHHH H o. (.3 U W x x A P4 ZZZZZ Z CT co v: co co C/) Cf v: H A A A A A A A H CO r y r r V r V V ^ V N H O O O O cr1 c9 O O O O r-1 .--1 O O O O O O M .7 CO 0 VD .-4 O O Z O O a, a, 'O .D O O O O r` N co CO O O O O .7 CO N 7 in in O O Cb• 0 0 0 0, a, .-4 .-I 0 0 0 0 a, as 'O ,D a CT 0' CT M in CO 0 .-i 0s 0 0 '7 Z in in ,--i .-4 .7 .7 CO CO Vl In N N .-i .-4 N N N N .-4 N in in Cl N to in < -7 .7 C/Y N HH.--1 CA Ch ..7 .7 N N co-CO- N C/1 Ch N N C? C/? H N C/a CA H C? C/} C/} C/} C? V? VY Vl (.0- $-.1i [r. U W x c4 0 W H _ V) W r. -4 .--1 r-♦ H .--i .--i r-1 .-4 r-1 .-4 ra r-. .-i H H 0 O 0 0 0 0 0 O 0 O O O O O 0 0 < \ \ \ \ \ \ \ \ \ \\\\\ \ W A N N N N N N N N N N N N N N N C4 O O O O O 0 O O O O O O O O O \ \ \ \ \ \ \ \ \ \\\\\ \ • 0 .7 v d .7 -. - .7 .7 .7 .7 .7 .7 .7 .7 0 W CT rn 0a a, CT a C` a as 0, a, CT CT CT CT W x a, 0a 0' a, a, rn c CT CT CT 0' 0' CT CT a" x0 -4 .--t .-. ,--4 .-. .-, .-. r-1 .--4 r-i r4 .-4 r-. .--i U 0 ..a Z '0 N CO CT 0 •--1 N C7 '4 v1 'O H in .n in in 'D VD 'D \O \.0 '.0 '.0 0 x a. 0' CT 0s as 0+ 0. CT a. CT as Z 0 .7 - .7 .7 1 .7 .7 . v .7 A W .7 , d .7 .7 .7 .7 v . .7 •.1- 0 7O x 0 0 0 0 0 0 0 0 0 0 0 U U ,..i CL w a w a CL4 a s Q,' H H H H H H H H a. 0 z 00 g 0 co a •E z 0 a w U H .O N N CO O. 0 ,-1 - 0 Cn to WI in in .a .c Z 0 0 0 0 0 0 0 0 H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 it-) O O O. a. O. O. CO M .-1 .t z -• 4- 0 I I I I I I I I 0 .-I N .-1 .-1 M .-1 .--1 .-d U N N Ct H .t .D .t .t 0 .--1 .t Ch .t .-1 .-1 .t .t .4 0 0 0 0 0 0 0 0 H H H H HH Z a a w a s 00 z 0 0 00 0 w P. aH H x x x x U \ 0.. Z H \ \\ \ c4 0 C/) C4 W W W W W H Ui) U0 Z z Zco`Z Z Z A c4 41 WCC. C4 C4 H 04 H X W Lt..41 W rx. .gil H-] C]U/ H Z Z Z Z H CO W 0 0 O O 0 AH co0P.0 W PA 0 x w 0 Cts 0 0 0 Z z x z Cs!. U U U r` 0 Z H H 0 c4 Cr. 0 0 Z x W W •• Z H H F Z aH H H CO > Cl) V)) V)) H 0 A 0' d Car c4 c4 A H Q. W W tx) 41> > 0 H H as .t H H H I CO CO x x a. 0 0 0 0 D 3 N N .-1 N H 0 O O O O 0 O O 0 .1 .1 N .D CO C't Z 0 0 0 0 0 0 0 0 0 .--1 .-1 N O. .0 u-1 CO• 0 0 0 co M r1 O 0 O O N N 00 CT CO a• •"7 Z .n .rt - M CO .t - N 1. .D .O 7 .-1 .O .t <4 N C/? .-I N C7 CO CO .1- - N co- Ct M .0 .0 ..0 N V} co. V> C/> - - VT N CO. 34 x .o .o .1" Cs. U co- C/> 0 W .-1 x Ce)- cd >CL' 0 W H co Ii) .-1 .-1 .--1 .-1 .-a .--1 .--1 .--1 0 d \ \\ \ \ \ \\ W A N N N N N N N N 04 0 0 0 0 0 0 0 0 • U .\7 .t .1 .7 .7 .t 0 W a. a. Cr, a. O. ON a. a\ W x ON as ah as as a% a. CT S U .--1 .-1 .-4 .--1 .--1 .-1 .--1 .-1 U 0 .-a Z N 00 CT 0 .-1 N H .a .0 .0 N. N N 0 x a` CT a, a. a• CT Z U .1 . .7 -t .1- 0 7O W v .7 d .7 v 0 x o 0 0 0 O 0 U 0 • r-1 00 c rn c"1 o O o o 0' O O O .-1 0 on ul .7 0 O' 0 0 '--1 ul tn 0 0 0 tn Cy • N 0 vD 0 O N til .7 0 O cn Cr, CO N N CO0 0 .D CA O - N - - O N .7 co vl N 0 0 NT N CA 0 '-D _ N _ u1 '.D Vl M .--1 .--I r-1 N .7 N .7 N N N C? N N N dY CO- tn- 0 N O� CA O' CO N G A L H H L*. w A z Z ti a Z W 0 •.•1 A 'J Lti Cr.] W W �+ z 0 H w w z Lu p W E' c 0 0 N H 014 cx.1 0 04 c4 04 i E' H 0 W O.. Z X 0 Cl) < U H H H E+ 0 W z -+ t•1 cn .7 H aG x W0, 0,< < rn 43N < 0 (/) cn c 5 H .--1 .--1 [l. U r1 •-C Cl) W U .-I .7 .7 N 0 .-i �D N 0 0 0 0 .--1 .--1 N N N M cn .-1 C•1 .7 ch to - - N N CO U H 4t xt It it It It 4k it U Z A A AP A 0 0 0 0 0 A z z z z z z z z z z z 0 a a a U [_. Lz. L= R. W LZ L> Lx.. [1. L*. L*. l5 5.-- Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Mileage Reimbursement Date: January 28 , 1994 Introduction The city currently reimburses employees for the use of their personal car for city business at the rate of $. 28 per mile. Background The IRS has issued revised regulations on the use of vehicles and revised the mileage allowance to $. 29 per mile. Staff recommends that the City set the reimbursement rate for business use of personal cars at the rate allowed by IRS. Several things are accomplished by keeping the rate within IRS guidelines. 1. ) The city does not have to compute and withhold FICA on any overage. 2 . ) The city saves the staff work involved in sorting through the vouchers for employee travel and subsistence reimbursement. 3 . ) The employee is saved the trouble of having to file the extra forms with their income tax return documenting business use of their car and avoids any question of the necessity of keeping a log of business miles for their personal car. Alternatives 1. ) Keep mileage reimbursement at $. 28/mile. 2 . ) Set mileage reimbursement at $. 29/mile. 3 . ) Set mileage reimbursement at rate allowed by IRS. Recommendation Alternative No. 3 . Action Requested Move to set the mileage reimbursement rate for the use of personal vehicles for city business at the rate allowed by the IRS guidelines. GV:mmr / 3k. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Chaska Interceptor Funding DATE: January 31, 1994 Introduction Council requested further information on options for funding the City share of the Chaska Interceptor. Background At the Council meeting of 1/25/94, there were four basic options reviewed by Council for funding the Chaska Interceptor. Council asked several questions about using TIF funds for the project. Further information follows; 1. The TIF Plan would most likely need to be amended for this project as well as for a community center. The TIF Plan should probably have a general review and any necessary updating in any case to ensure compliance with current requirements. It appears that it would just be a necessary process for the HRA/Council to go through to hold hearing and amend the plan in order to comply with requirements. 2. If Council wanted to use TIF temporarily and issue either revenue or capital appreciation bonds later to repay the TIF, such intent would have to be stated before hand and the bonds issued within three years from the date of payout. 3. If Council wanted to loan TIF for the pipe and have another fund (sewer) repay the TIF funds, this would be a TIF loan and when the monies are paid back they become TIF monies subject to use and time frame restrictions of excess TIF. If the funds are repaid late in district #1's time frame (close to 2002, they would most likely be excess TIF to be returned to the county for redistribution. 4. If Council simply wants to use TIF to pay for the pipe with out making it a loan, and would later decide to take money out of the sewer fund for other purposes, this would not be considered TIF monies. 5. If the TIF plan allows or is amended to allow for it, the Council could issue additional bonds to be repaid from the existing revenue stream from district #1 through 2000. 6. The final payment for bonds supported by district #1 is 2/1/03 and that final date for the district is determined by bonds issued prior to 1990. Tax increment received in 2001 and 2002 can only be used for existing debt service. 7. One reason not to use TIF for internal financing is that the loss of interest earnings on the money would be greater than the estimated interest expense of bonds under current conditions. Current average of interest yield on the city investment holdings is 6.3% versus estimated bond rates of 5.9%. One reason to use TIF to pay for the project without considering it a loan is that there would be no date set for "repayment." Another is to use or definitely commit TIF trust funds so that there is no question about there being excess TIF on hand. 8. According to statutes, TIF money that is on hand and is not needed to pay costs in the TIF plan or to gay debt service, is excess TIF which is to be; A) used to prepay bonds, B) discharge the TIF pledge for debt, C) put into an escrow account for bonds, or D) returned to the county for distribution to taxing jurisdictions. Council will note from the attached TIF projections that there is about 7 million dollars available. Between the current most likely uses of TIF for a community center - $3,500,000, downtown streetscape - $500,000, Chaska Interceptor - S4,000,000 and redevelopment north of First Ave., Council will have to choose where to use the money. Attached is also the memo dated 1/13/94 on debt financing for the Chaska Interceptor. Alternatives 1. PFA loan. 2. MWCC financing. 3. Current coupon bonds with principal starting at 10 years. 4. Capital Appreciation Bonds with no payment until 10 years. 5. TIF loan. 6. Using TIF to pay for the interceptor. Recommendation Alternative number five is specifically not recommended. It appeared from the last Council discussion that there is interest in keeping the cost off the tax levy and off the current sewer rate. Therefore, either alternative 6 or 4 or a combination of those two best achieves that result. Action Discuss and give staff direction. • U O CO N N N. N. M M O sO •--• > O P N .t M .t M •-- M O en V O ti N .t •O P J CO M •- U1 ▪ U n C CO N. CO J N .t O ere N N N n J O J P in J to to 7- — M .: M N N V1 O A N. M C` 7 m N C. t- t- N. N. r.- co N. N. 1,- C_) `U Vl O .t O •O Ni •O to P N. CO O P CO 00 CO N N in - U N. N O O •O .t Ni J N. N to Cu .-•7 C 0 PN 'O •O N- V1 en O P sO in 43 Os N C Ni Ni v v v .t J Ni Ni Q c3 v v v CO V1 M CO N CO N h N P V1 1� t. N O O •-- I- •O 1.- N .t U N- N 0 CO •O to •O N h «1 Ni U •O ` P CO Ni O V1 CO N Os •O U > P O P N CV W1 O P P P O• O L - .t N N N N. N. •O Ni M .4 to *- '- P rn CO CO CO CO CO 00 Os en CV N. ere Os U N P P P P P P U1 CO E. ss- ..- ‘-• e- NI Os 0 ✓ •-• U 0 en •O •O •O •O •O .O P P N O t-- C t` M M N ~ .- P .t O Ni CO CO CO CO CO CO J O, 0- LA- O V1 N to to en Vt Ni L P 0 O 0 O O O Ni u CO • n P V1 V1 V1 U1 V1 to O >. U. ta. 0 0 0 0 0 0 0 S 0 — M N N N N N N V1 CC A H o 0 J v N V U. P P P P P P P Ni U n NN. N. N. N. V1 0 ▪ 1- O O O O O O O to C u L •O J J J J J .t J CO U to u Ni Ni Ni Ni Ni Ni Ni Ni U N O .-, > O U 0 0- L N N N N N N N 4 • •-• fl 3 0 O O 0 0 0 O C d U L C O CO CO CO CO CO CO •O 0 "O LA_ u C u•t y U` to to to to in 0 u L • q O o q 77 v U N U 0 J 0 O C3 >. C) - 0 .t U 0 0 •2 C • U O ✓ L N N L •A U v Ni CO CJ 0 > Nia•- O C3 O N N S cc C C- 0.5 0,5 O R 0 O 0 0 0 0 0 0 U •- Y 0 0 0 0 0 0 0 O 13 >• • U N 0 0 0 0 0 0 to N U • r, u u L is 0 0 0 0 0 0 N. O t O 0 N Ni •O V1 111 LA N V1 V1 •O -0 +•' U .4 Ni O L U) O V Y C P a- L C) O N 3 CC C) •-• N 0 4- 0 u O O to U C U- >. -0 C V1 N to V1 en to P 0 U) L P P P P P P P `O • a.+ 0 .0 C7 N N N N N N Cs) N 1- U � C! 0 C✓ E0 0 0 0 0 0 0 — • U u Y 0 C) N. Q O• 7 C7 0 Y N U CJ U n a L V) -. t V1 •O rs-Os CO P O (Si y y y P POs P P Co 0 0 0 0 U LL w u Q O P P P P P Cs 0 N N 0 0 1••- J- O C u U U L •. L O >• Ni J V1 •O N. CO P 0 N C7 L g > P P P P P P P O 0 0 +• 7 u P P P P P P P 0 0 0 0 U U Y -, N N N Z TO: Karen Marty, City Attorney FROM: Gregg Voxland, Finance Director RE: Chaska Interceptor DATE: January 13, 1994 Attached is a print out showing repayment schedules for four options: A. "A" is the schedule that Council has seen previously. It is based on a Public Facilities Act loan and the city repaying the cost over 20 years with principal repayment each year. The estimated interest rate is from December so that factor may change to some degree. B. "B" is the schedule that Council has seen previously. It is based on MWCC issuing bonds and the city repaying the cost over 20 years with principal at five year intervals. The estimated interest rate is from December so that factor may change to some degree. The cost of buying time in 5 year intervals is about $500,000 compared to option A. C. "C" is an estimated schedule prepared by Springsted. It is based on the city issuing bonds and repaying the cost over 20 years with principal starting after ten years but paying interest starting at year one. The cost of buying time for the first ten years is about $1,500,000 compared to option A. D. "D" is an estimated schedule prepared by Springsted. It is based on the city issuing bonds (zero's) and repaying the cost over 20 years with principal and interest starting after ten years. These are called capital appreciation bonds. The cost of buying time for the first ten years is about $3,700,000 compared to option A. Due to the current low rates, it is unlikely that Council would want to call these bonds (options C or D) for early payment. The way these options are structured, the city would not be required to set aside funds annually in a sinking fund. "A" is a lower interest and therefore lower total cost. But, there is a higher annual payment due in the first four years. "B" has a higher interest rate but it would not be a factor if we can accumulate funds and have offsetting interest income at a comparable rate. If early payments are to be funded out of sewer revenues, "A" equates to a 25% rate increase while "B" equates to a 16% increase. Council does have the option to use some other sources of funds such as the CIF to assist with payments. Prepaying to save on interest costs probably would not gain the city anything due to the offset of the interest cost versus loss of interest earnings. Twenty year PFA rate - PFA lean Shakopee ( A/) Repayment of principal in 4 equal installments / l Interest rate 4.19% Interest rate 5.08%. �� / YEAR PRINCIPAL INTEREST TOTAL BALANCE YEAR PRINCIPAL INTEREST TOTAL BALANCE 4,000,000 4,000,000 1 131,700 167,600 299,300 3,868,300 1 203,200 203,200 4,000,000 2 137,218 162,082 299,300 3,731,082 2 203,200 203,200 4,000,000 3 142,968 156,332 299,300 3,588,114 3 203,200 203,200 4,000,000 4 148,958 150,342 299,300 3,439,156 4 203,200 203,200 4,000,000 5 155,199 144,101 299,300 3,283,957 5 .1,000,000 203,200 1,203,200 3,000,000 6 161,702 137,598 299,300 3,122,255 6 152,400 152,400 3,000,000 7 168,478 130,822 299,300 2,953,777 7 152,400 152,400 3,000,000 8 175,537 123,763 299,300 2,778,240 8 152,400 152,400 3,000,000 9 182,892 116,408 299,300 2,595,348 9 152,400 152,400 3,000,000 10 190,555 108,745 299,300 2,404,794 10 1,000,000 152,400 1,152,400 2,000,000 11 198,539 100,761 299,300 2,206,254 11 101,600 101,600 2,000,000 12 206,858 92,442 299,300 1,999,397 12 101,600 101,600 2,000,000 13 215,525 83,775 299,300 1,783,871 13 101,600 101,600 2,000,000 14 224,556 74,744 299,300 1,559,315 14 101,600 101,600 2,000,000 15 233,965 65,335 299,300 1,325,351 15 1,000,000 101,600 1,101,600 1,000,000 16 243,768 55,532 299,300 1,081,583 16 50,800 50,800 1,000,000 17 253,982 45,318 299,300 827,601 17 50,800 50,800 1,000,000 18 264,624 34,676 299,300 562,978 18 50,800 50,800 1,000,000 19 275,711 23,589 299,300 287,267 19 50,800 50,800 1,000,000 20 287,267 12,036 299,300 (0) 20 1,000,000 50,800 1,050,800 0 4,000,000 1,986,003 5,986,000 4,000,000 2,540,000 6,540,000 City current coupon bonds Capital appreciation bonds Interest rate 5.46% (1,...) Interest rate 5.87% (.'--- --) b. YEAR PRINCIPAL INTEREST TOTAL COUPON YEAR PRINCIPAL INTEREST TOTAL COUPON 1 325,997 325,997 1 0 0 2 217,331 217,331 2 0 0 3 217,331 217,331 3 0 0 4 217,331 217,331 4 0 0 5 217,331 217,331 5 0 0 6 217,331 217,331 6 0 0 7 217,331 217,331 7 0 0 8 217,331 217,331 8 0 0 9 217,331 217,331 9 0 0 10 285,000 217,331 502,331 4.90% 10 508,094 371,906 880,000 5.30% 11 300,000 203,366 503,366 5.05% 11 476,828 403,172 880,000 5.40% 12 310,000 188,216 498,216 5.15% 12 446,618 433,382 880,000 5.50% 13 330,000 172,251 502,251 5.25% 13 417,507 462,493 880,000 5.60% 14 345,000 154,926 499,926 5.30% 14 391,754 493,246 885,000 5.70% 15 365,000 136,641 501,641 5.35X 15 364,806 520,194 885,000 5.80% 16 385,000 117,113 502,113 5.40% 16 339,052 545,948 885,000 5.90% 17 405,000 96,323 501,323 5.45% 17 314,511 570,489 885,000 6.00% 18 425,000 74,250 499,250 5.50% 18 296,457 588,543 885,000 6.00% 19 450,000 50,875 500,875 5.50% 19 279,439 605,561 885,000 6.00% 20 475,000 26,125 501,125 5.50% 20 264,882 625,118 890,000 6.00% 4,075,000 3,502,062 7,577,062 4,099,948 5,620,052 9,720,000 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: January 28, 1994 RE: Water Main Looping Agreement BACKGROUND: In 1979 the City and Valley Industrial Park, Ltd. entered into an agreement requiring that the industrial park install a water main across its property at an undetermined time in the future . This was amended in 1991 to apply to less land, but the basic requirement remained. In 1993 the water main finally was completed and looped as required by Shakopee Public Utilities. This is the only requirement of the previous agreement, so that agreement no longer is needed. Shakopee Public Utilities already has released the property from the water main looping agreement . ALTERNATIVES : 1 . Authorize the appropriate City officials to execute the appropriate documents to release the property from the 1979 agreement, which was recorded as Document No. 21212 and amended in Document No. 55532 . 2 . Do not authorize such a release . 3 . Table for additional information from staff . REQUESTED ACTION: Move to authorize the appropriate City officials to execute the appropriate documents to release the property from the documents recorded as Documents No. 21212 and 55532 . [2 8MEMO] 1/6k) CONSENT RESOLUTION NO. 3947 A RESOLUTION CHANGING THE MARCH 1, 1994 COUNCIL MEETING DATE WHEREAS, the Shakopee City Code has set the first Tuesday of each month as the regular meeting date for the City Council; and WHEREAS, the Shakopee City Code allows the City Council to change the meeting date by adopting a resolution at least one week prior to the regularly scheduled meeting; and WHEREAS, the precinct caucuses are scheduled for March 1, 1994, a regular scheduled City Council meeting date, and WHEREAS, State law prohibits the City Council from meeting after 6 : 00 p.m. on the day that precinct caucuses are held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the March 1, 1994 regularly scheduled City Council meeting shall be changed to March 8, 1994 at 7 : 00 p.m. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 1st day of February, 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney /L/ c , TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Second Council Meeting In March DATE: February 1, 1994 Introduction/Background It appears that Council will change the first meeting in March from the 1st to the 8th. Due to the timing of the bill cycle in relation to the calendar dates, Finance requests that Council consider moving the second meeting from the 15th to the 22nd. The City Clerk has advised that a resolution to change the date of the second meeting is not necessary. Alternatives 1. Second meeting on the 15th. 2. Second meeting on the 22nd. Recommendation If there are no other conflicts or complications, the recommendation is alternative number 2. Action Requested Move to set the second regular council meeting for March 22, 1994. 0EN �j lye MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Premises Permit for Disabled American Veterans DATE: January 26, 1994 INTRODUCTION & BACKGROUND: The Disabled American Veterans desire to renew their premises permit to sell pull tabs at Dangerfield' s Restaurant . Since receiving their permit this past summer, they have not made any profits to utilize within the City' s trade area. They are aware of the City ordinance requirements . RECOMMENDED ACTION: Offer Resolution No. 3945, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the Disabled American Veterans, and move its adoption. RESOLUTION NO. 3945 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PREMISES PERMIT FOR THE DISABLED AMERICAN VETERANS WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, the Disabled American Veterans are seeking renewal of their Premises Permit at Dangerfield' s Restaurant, 1583 East 1st Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permit for the Disabled American Veterans at 1583 East 1st Avenue, Shakopee, Minnesota, be approved. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 1st day of February, 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney CONSENT /4/c_. EXPLANATION TO ORDINANCE 370 ORIGINATING DEPARTMENT: Law Department PURPOSE: To exempt bed and breakfast inns from the lodging tax. REMARKS : Councillor Dirks requested this ordinance . Presently the City Code requires all lodging establishments, including bed and breakfast inns, to pay a lodging tax. The lodging tax is used to pay for advertising through the tourism bureau, yet the advertising by the tourism bureau does not apply to bed and breakfast inns. The advertising is directed to large groups, such as bus tours. The cost to make the changes in the advertising necessary to cover bed and breakfast inns would far exceed the taxes received. In addition, the small amount received by the City for its administration is insufficient to cover the expense . The draft ordinance will exclude bed and breakfast inns from the requirement of collecting and paying the lodging tax. ACTION REQUESTED: Offer Ordinance No. 370 , an ordinance amending City Code Chapter 6, Other Business Regulation and Licensing, Sec. 6 .44 , Lodging Tax, by repealing Subd. 1, Local Lodging Tax Adopted, and adopting one new subdivision in lieu thereof, and move its adoption. Submitted by: • City Attor ey [28ORD] ORDINANCE NO. 370 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 6 , OTHER BUSINESS REGULATION AND LICENSING, SEC. 6 .44, LODGING TAX, BY REPEALING SUED. 1, LOCAL LODGING TAX ADOPTED, AND ADOPTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. WHEREAS, the City of Shakopee presently collects a lodging tax from all hotels, motels, and bed and breakfast inns; and WHEREAS, the lodging tax is used for the purpose of marketing and promoting the city or town as a tourist or convention center; and WHEREAS, the marketing is designed to attract Large groups of travellers, and not individual travellers; and WHEREAS, the marketing does not benefit the bed and breakfast inns; and WHEREAS, the small funds received from the bed and breakfast inns will not cover the cost of changing the marketing to cover them, nor do they cover the cost of collecting and processing the funds . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 6, Other Business Regulation and Licensing, Sec . 6 .44, Lodging Tax, is hereby amended by repealing Subd. 1, Local Lodging Tax Adopted, and adopting one new subdivision in lieu thereof, which shall read as follows: "Subd. 1. Local Lodging Tax Adopted. The Council hereby imposes a lodging tax of 3% on the gross receipts obtained from the furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court or resort, except where such facilities are leased or rented for a continuous period of 30 days or more. Bed and breakfast inns are not subject to this tax. " Note : The underlined language is inserted. Section 2 - General Provisions . City Code Chapter 1, _ General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 6 . 99, Violation a Misdemeanor or Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley Newt on the day of , 1994 . [28ORD] -2-