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HomeMy WebLinkAbout06/02/1981 TENTATIVE AGENDA SHAKOPEE, MINNESOTA REGULAR SESSION JUNE 2 , 1981 Mayor Harbeck presiding 1 ] Roll Call at, 7 : 3O P.M. 2 ] Approval of Minutes of May 5, 1981 3] Communications : a] Metropolitan Council re : City of Shakopee Comprehensive Plan Review • b] 4] Liaison Reports from Councilmembers \ 5 ] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6 ] Old Business : a] Consultant Contract for Cable Communications Franchise b] Prior Lake Spring Lake Joint Powers Agreement c ] Old Waste Water Treatment Plant (WWTP) d] Reverse Referendum to Increase the Levy Limit e] 1981-82 License Renewals (memo on table) aa] Cleve ' s Red Owl - On Sale 3 . 2 Beer License - Tbld 5/26 • bb] Je She Inc. /dba Mr. Jerry' s Pizza - On and Off Sale 3.2 Beer License - Tbld 5/26 f ] Codification of Ordinances Passed Since 1978 7] Planning Commission Recommendations : None 8] Routine Resolutions and Ordinances : a] Res . No. 1848, A Resolution Commending The Subdivision Ad Hoc Committee b] Res . No. 1847 , A Resolution of Appreciation to Stan Von Bokern c ] Res . No. 1849, A Resolution Establishing A Time Limit for Negotiation of Redevelopment and Assessment Agreements d] Res. No. 1846 , A Resolution Adopting A Procedure For Considering Watermain Feasibility Reports Awarding el Res . No. 1850, A Resolution Awarding A Contract For The Kmart Tax ,. Increment Landscaping and Irrigation Contract f] Res . No. 1851 , A Resolution Setting A Bid Opening Date For $940,000 G.O. Bonds - 1981 Series A (Resolution on table) 9 ] New Business: a] City Involvement in Locating Fences on Private Property - Discussion b] Hazardous Waste Siting Panel Trip for LeRoy Houser TENTATIVE AGENDA June 2 , 1981 Page -2- c] K-Mart Project Tax Increment Project - Pumphouse aa] Amend Contract to Extend Date for One Year bb] Authorize Design of Pumphouse d] K-Mart Tax Increment District - Fencing Contract aa] Approve Change Order No. 1 bb] Res . No. 1852 , A Resolution Approving The Work and Authorizing Final Payment e] Letter of Agreement for Planning Services f ] 1982 Budget Calendar g] Redistricting Shakopee Wards h] Application for a Cigarette License for Shakopee East Apartments j. i ] Fiscal Disparities j ] Review of Shakopee ' s Industrial Revenue Bond (IRB) Policy 10] Consent Business : (Any item a Councilperson wishes to discuss may be removed by requesting such action before a vote on the consent agenda item. ) a] Transfer of Assets Between Assessment Funds 11 ] Other Business : a] Attached is a memo from Philip Kanning discussing our current definition of obscenity, and a copy of the current definition from the City Code , Section 10.75. Jack Coller will have additional comments at the meeting Tuesday. (Ord. No. 61 tbld 5/26) b] John Leroux suggested we look into changing our publication requirements for hearings. c ] d ] e ] 12 ] Adjourn to Tuesday, June 9, 1981 at 7 : 30 P.M. : Public Hearing on Industrial Revenue Bonds - 7 : 30 P.M. Public Hearing on Hauer Laterals - 7 :40 P.M. Public Hearing on Bluff Avenue- 8:00 P.M. Public Hearing on Welter Conditional Use Permit - Appeal - 8: 30 P.M. John K. Anderson City Administrator MEMO TO: Mayor & 'Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Information Items DATE: 5-29-81 1. Walt had asked that the Liason Reports be moved back up to the front of the agenda so we have done so with this agenda. 2. Walt also asked if Council Members would like to receive their agendas in a brown accordian file with sectional dividers for Routine Resolution, Old Business, etc. Please let us know if you'd like this idea. 3. I have had a luncheon meeting with the City Administrator of Chaska, Savage, and Prior Lake regarding the joint use of equipment. I've also talked to Jim Karkanen about this and we may have a proposal or two later on this summer as a result of our meetings. 4. Kathy Murphy, part-time Engineering Inspector I has been laid off and will be replaced with a more experienced part-time Inspector II. The change, in part, reflects our change from 100% inspections. 5. Five Tax Petitions have been filed at the County to date, June 1st is the deadline. They are: 1) K-Mart which could well be settled at the County Board level as per Council's discussion 5-26-81, 2) Mel Lebens, 3) J. Wampach, 4) Cletus Link and 5) John Ries the latter four all dealing with Central Business District Land (ie not building) values. Copies have been forwarded to Rod Krass, none of these people came before the Board of Equalization. 6. Judyt wants to know if you wish us to continue separately mailing Planning Com. and Cable T.V. Committee agendas when they are not sent out with your Council agendas. Yes or No. 7. We have received a law suit: Jackson Township Board of Supervisors and Mary & Donald Beckrich vs. Scott County Board of Commissioners and the City of Shakopee regarding the Offical By-pass Map. Rod will keep us posted. 8. My six month probationary period ends May 31, 1981. I have enclosed for your review and use a Comprehensive Six Month Evaluation form. Please complete it by June 3rd and return it. I'll then compile the results and distribute them at the June 9th work session for discussion after the public hearing. Please feel free to take this opportunity to provide me with any guidance/ constructive criticism you perceive helpful. 9. Attached is the Fund Balance Summary for April 10. Attached is a copy of the formLou has forwarded to the 10 industries to obtain needed data for the proposed NSP acquisition. This will formalize our re- quest for the needed information. • Page 2 11. Attached is a copy of SPDC Res. #230. Lou did not feel it would be nec- essary for City Council to adopt it also. Let me know if you see a problem with this its SPUC Watermain Specs. 12. Attached is a letter resolving the problem regarding the house up on blocks in Bluff addition. A new party has purchased it and will complete the installation. 13. We have received two proposals for painting the City Hall and the Eagle Creek Town Hall. The project is less than $2,000 and budgeted. Work will begin in June. 14. Jean has been informed by John Bergstad that the hot water heater problem at the High rise has been solved by an adjustment to the controls. 15. Attached is an audit finding from HUD on our CDBG. The auditor has been paid and I have thanked Jean Andre for the excellent job she has done. 16. Attached is a response from the MTC regarding our request that they consider rerouting their bus. They have declined to do so. If you want to pursue this further bring it up Tuesday. 17. Attached is a letter regarding the status of REA condemnation. 18. Attached is a letter from Kawaski stating their plans to clean-up their property. 19. Attached is an up-date from Rod Krass on the status of current litigation. I'll get a Holms Street Appeal follow-up for next meeting. 20. Attached is 'a quarterly report from Jack Callar. 21. Attached is the proposed Work program for the Ad Hoc Downtown Committee. It iF the same one prepared by Glenda Spiotta to help the committee get started. 22. The County Highway Dept. has cleaned up the boxes on roadways around Eagle Creek Town Hall as per our request. 23. Attached is an up-date on the Scott County grid system. 24. Attached is a letter from Bob Schmidt regarding Tax Increment Financing. Where does Bob stand on this issue? 25. Attached is a letter from Rudie Boschwitz regarding Revenue Sharing. 26. Attached is a letter from Rod instructing us to hold up on the final pay- ment to Barbarossa. 27. Attached are the minutes of the 5-13-81 J.E.J. Neighborhood Park Committee meeting. Note the Committee plans to contact Council Members. 28. Attached are the minutes of the 5-20-81 police Civil Service Commission meeting. 29. Attached are the minutes of the 5-14-81 Board of Adjustment Meeting and the 5-14-81 Planning Commission Meeting. , Page 3 30. Enclosed for your personal file are final copies of the new Subdivision Regulations. 31. We have received two proposals for painting and roof repair of the Holms Park building. The project is less than $2000 and budgeted. Work will begin in June. S? CITY ADMINISTRATOR'S SIX MONTH EVALUATION Part 1 KNOWLEDGE, SKILL & UNDERSTANDING EVALUATION The purpose of this evaluation is to allow Councilmembers the oppor- tunity to constructively criticize the level of knowledge, skill and understanding that I have exhibited as City Administrator during the past six months. Please indicate with an 'x' in the appropriate column your perception of the knowledge, skill and understanding any Shakopee City Administrator should have and then what you perceive John Anderson to have in each case. Since I am new, use N/A if you don' t know yet. Shakopee 's City Admin. John Anderson Needs Should Doesn't Should Improve= Have Need Adequate Improve ment 1 . An understanding of the types of state and federal policies impact- ing upon the urban area 2. Skill in developing cooperative relationships with other juris- dictions 3. An understanding of the responsi- bilities and consequences of participation in interlocal relations 4. An understanding of the role of local government (in the inter- governmental system) 5. An understanding of the functional areas of government (i .e. delivery of basic services) 6 . An awareness of new trends and developments in the provision of local government services 7 . An understanding of financial management , including the identi- fication and generation of reve- nues and the impact of inter- governmental fiscal relations upon local governments 8. An understanding of the issues involved in the management of environmental and growth policies 9. An understanding of urban econo- mic development including both public and private sectors • Shakopee ' s City Admin. John Anderson Needs Should Doesn't Should Improve- Have Need Adequate Improve ment 10. An understanding and utilization of the techniques and process of community needs assessment 11 . An understanding of the political components of problem identifica- tion and solution 12. An understanding of the various political institutions and pro- cesses that are part of the local government environment 13. Skill in policy and program pri- ority determination and goal setting 14. An understanding of the techniques used in long range and strategic planning 15. Knowledge of the role of budgeting in the policy making process , (i .e. , budgetary implications and implementation as they relate to policy formulation) 16 . Skill in situational analysis, (i.e. , "sizing up" the community political milieu, organization and staff) 17. Skill in program implementation. . 18. An understanding of the conse- quences of alternative methods of program implementation (e.g. , direct delivery, contracting, tax incentives, etc. ) 19. Skill in establishing controls in order to monitor programs 20. An understanding of how to improve departmental operating methods 21 . An understanding of how to improve coordination between programs (identifying and analyzing dupli- cative efforts) 22. An understanding of the techniques of program evaluation and perfor- mance auditing Shakopee ' s City Admin. John Anderson Should Doesn't rs Should Imp Improve- Have Need Adequate Improve ment 23. An understanding of productivity measurement and performance improvement techniques 24. An understanding of how to develop mechanisms to insure feedback from department heads/employees 25. Skill in measuring the impact of programs on the areas of concern. 26. Skill in evaluating prior programs to aid in the development of new ones 27. The development of skills in establishing meaningful two-way communication with the public, actively involving citizens in the decision making process , and promoting greater mutual awareness of the problems of local govern- ment 28. An understanding of the role of citizen participation in the policy making process 29. Skill in utilizing communications techniques (cable T.V. , mass media, film, etc. ) to convey governmental issues on the local level and to the community 30. Skill in communicating with citizens and civic groups , through town meetings , neighbor- hood meetings, public hearings , complaint sessions 31 . An understanding of the responsi- bilities of professional managers in a democratic society 32. An understanding of the law and governmental policy in labor management relations 33. Skill development in handling of negotiations and contract admin- istration 34. Skill development in the handling of grievances, Shakopee ' s City Admin. John Anderson Needs Should Doesn't Should Improve- Have Need Adequate Improve ment 35. An understanding of the impact of negotiations and labor manage- ment legislation on the budgetary and policy making functions of local government 36 . An understanding of employee per- formance evaluation methodologies 37 . An understanding of the processes of recruitment, selection, promo- tion and dismissal of personnel . . 38. An understanding of wage, salary, and fringe benefit administration 39. Skills in more effective verbal , written, and visual communication 40. Skill in the development of effective presentation techniques 41 . An understanding of time manage- ment (planning and prioritizing use of time) 42. Ability to respond to conflict in the urban environment , cope with stress , deal with criticism both internally and externally, develop the capacity for self- criticism 43. An understanding of ways to identify data that is useful to improve the decision making process 44. Skill in visualizing ways in which data should be presented so that it can be used to improve the decision making process 45. Other 46. Other 47. Other i( Part II ROLE EVALUATION In addition to the evaluation you have just completed, I would also like you to evaluate my performance in the role of City Administrator. Each of you has expectations that are applied to evaluate the person occupying the City Administrator ' s position. In other words, you have a set of expectations about how John K. Anderson ought to behave in the role of City Administrator of the City of Shakopee. Please read the list once indicating with an (x) whether you agree or disagree with the levels of policy participation for a Shakopee City Administrator. Then, read the list a second time and indicate with an (x) whether you feel I have performed at the level you expect. Role Expectation Role Which you See John Role Evaluation For Shakopee C.A. Anderson Filling Agree Disagree Too Much OK Too Little Y 1 . Carry out policy ( ) ( ) ( ) ( ) ( ) 2 . Supply information to Council ( ) ( ) ( ) ( ) ( ) 3. Anticipate and research prob- lems ( ) ( ) ( ) ( ) ( ) 4. Propose policies or solutions ( ) ( ) ( ) ( ) ( ) 5. Be a policy leader ( ) ( ) ( ) ( ) ( ) 6. Be a policy innovator ( ) ( ) ( ) ( ) ( ) 7. Be a policy neutral on issues dividing the Community ( ) ( ) ( ) ( ) ( ) 8. Be a policy advocate - support City policies vocally ( ) ( ) ( ) ( ) ( ) 9. Be a political leader-work thru Community leaders to achieve policy goals ( ) ( ) ( ) ( ) 10. Be a political recruiter for Boards and Commissions ( ) ( ) ( ) ( ) ( ) 11. Be a political recruiter for Council positions ( ) ( ) ( ) ( ) ( ) 12 . Be a political neutral ( ) ( ) ( ) ( ) ( ) 13. Be a "Community Leader" ( ) ( ) ( ) ( ) ( ) 14. Be a budget consultant-i.e. consult with Council before drafting C.A. ' s budget ( ) . ( ) ( ) ( ) ( ) 15. Be a Council meeting facilitator i .e. help move meetings along ( ) ( ) ( ) ( ) ( ) 5, In an effort to summarize your responses above, please check (x) only one of the four policy orientations below in the column headed Shakopee City Admin. to indicate what you want and in the column headed J.K.A. for how you see me after six months . Shakopee City Admin. J.K.A. 1 . ( ) ( ) Political Leader: Acts as an advocate of policy and as a political leader, takes visible positions as an idea man, agent of change with an emphasis on programs. 2. ( ) ( ) Political Executive: More pragmatic and less of a political leader but is involved in political issues, innovator, leader, problem solver but lets Council lead on major policies . 3. ( ) ( ) Administrative Director: Reluctant to be a policy innovator and open leader, stress the constraints rather than the problems . 4. ( ) ( ) Administrative Technicians : The policy role is defined narrowly to a classic policy - administrative split . W0000OD0000V0mtnlntnlnkJ, t.nlnLn Lnrrrrrrrl- W Co W NNNNHHHF-• HO n tntn . 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Nv000 N H ;3 OOvco0LaAInH0ONInH' '0, Ov 'O r C O' OHHCDv \ n v v v v v v O 0h co H Co CM N CO (D rt H (D M. to The undersigned hereby agree to the exchange of individual customer billing data for their facilities located in the City of Shakopee, Minnesota, and do hereby authorize and grant permission to Northern States Power Company to release this data upon request to any of the undersigned or their designated agents, subject to the condition that all parties listed must sign before this authorization shall be considered valid. Rahr Malting Company By: Date Name .•••-•. • ., Title — Midland Glass Company, Inc. By: Name Date Title Owen-Illinios By: Name Date Title Certain-teed Corporation Name Date Title • City of Shakopee Public Utilities Commission By: Name Date Title '/ S 445. c ','e,v /c7 .e,2. Cole w c ,,, 5-4a/eV Ce,/es ;a : swc cvv.vci- G '„w4 Vo, ' • Pep, .?vy/v4 /l WATERMAIN AND SERVICE LINE SPECIFICATIONS SPUC adopted Res . No . 230 adopting watermain and service line specifications . Mr. VanHout recommended that Council did not also adopt them, because then when they are altered by SPUC Council would also have to approve alterations , and he would rather not have to go through those extra efforts . Instead, when the City does a project , they will approve the specifications individually. 5/19/81 / . I 1/ RESOLUTION # 230 A RESOLUTION TO ADOPT WATERMAIN AND SERVICE LINE SPECIFICATIONS WHEREAS, it is in the public interest that Watermain Design Criteria and Spec'ifications be standardized, and WHEREAS, the Shakopee Public Utilities Commission is charged with the control of, and power over, the City water system. THEREFORE BE IT RESOLVED by the Shakopee Public Utilities Commission, in meeting duly assembled on May 4, 1981 that Resolution #209 is hereby repealed, and THAT the watermain specifications titled: Shakopee Public Utilities Commission Watermain and Service Line Specifications (dated 1980) are hereby adopted as the specifications for the City of Shakopee and are incorporated herein by reference. Passed in regular session of the Shakopee Public Utilities Commission this 4th day of May, 1981 ,/372/(-9 President, ATTEST: �'cC `, ^wry„ II rr` SHAKOPEE CONSTRUCTION � P.O. ox 242 ��1 ;Y','-� ��' '�• JIM HAVER ,r ,_ ' ' O Shakopee, Minnesota 55379 PHONE: 445-1739 May 21 , 1981 City of Shakopee c/o LeRoy Houser 129 E 1st Ave Shakopee, Minnesota 55379 Dear Mr. Houser, It is by this letter, I agree to drop the law suit against the City of Shakopee and LeRoy Houser contingent to the city dropping their law suit against James J. Hauer and State Surety Company, the bonding Company holding the bond for James J. Hauer, and upon the city issuing a building permit to anyone for the completion of the project in question, i. e. Lots 1 & 2, Block 23 East Shakopee Plat. l Sincerely, :d•.•:;;.._ ,LAUDE J. SINr'_N i iV (�r / k� �� NOTARY PUBLIC-MINNESOTA 4*- gCOTT COUNTY James J. Hauer / My Commission Expires Aug.24.1965 Ackio ledged and accepted May 21, 1981 4._44.__2-e4.-z,--L__. 4..4 A lek ' AI 14k-------- LeRoy F. Houser Jahn K. Anders.n Building Official ity Administrator ,_,,6, ,,,,..„. ,,,..?„,,,,,.. 5L/t/ 398I'9l 3wnr axj r+oissiwwor:. Aw )4,k `11OSHNN,r9-Ot",�es,.-, +2JVLON A.NfIOO .LOOS ; X00 'S H.Ll Gnf tea•=: aM .vapr GENERAL EXCAVATION • COMMERCIAL • RESIDENTIAL /3 MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Painting of City Bu)ldings DATE: May 19, 1981 LeRoy Houser has secured two (2) quotations (attached) for the painting of the exterior of City Hall and Eagle Creek Hall. They are: Custom Woods $ 1,873.00 Universal Maintenance $ 2,102.50 $2,500 for painting was included in the building maintenance category of the Government Building's division budget. Recommendation: Recommend that Custom Woods be authorized to paint City Hall and Eagle Creek Hall for the amount of $1,873.00 as per quotation. GV/ljw attachment BECEPPD a "oma DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1 py *oO ��U*o MINNEAPOLIS-ST.PAUL AREA OFFICE MAY 1 5 19of `sem' 11111111 co 220-2ND STREET SOUTH ")4430w+�a MINNEAPOLIS,MINNESOTA 55401 ITX OF_ Kt?P. REGION V IN REPLY REFER TO: MRY 13 1981 5.6CS Mr. John Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: Subject: Audit Report Community Development Block Grant Program B-78-DS-27-0.005 Shakopee, Minnesota This is to inform you that we have reviewed the audit report for the period ending December 31, 1980. We have found that it complies with the guidelines as spelled out in the Department's (HUD) Audit Guide. We therefore recommend that you pay the auditor according to the terms of the contract. I congratulate you on the fact that there were no findings developed during the audit. The audit is now closed. Sincerely, 44/1° Thomas T. Feeney Area Manager cc: Jeanne Andre, Executive Director HRA �/;2 cc, P. e `e '• 1� /6 Metropolftan Transit Commission 0 801 American Center Building St. Paul, Minnesota 55101 612/221-0939 May 11, 1981RECEI FD Mr. John K. Anderson City Administrator MAY 1 3 1981 City of Shakopee 129 East First Avenue Shakopee, MN 55379 epITY OF SHAKOPEE Dear Mr. Anderson: Thank you for forwarding to the MTC an indication from the City of Shakopee that it would like the MTC to provide bus service to the new Shakopee Senior Citizen's Highrise via the existing Route #53S. The MTC's Service Planning & Scheduling Department has investigated your request. At this point in time, we are very reluctant to make any route modifications to the #53S to serve the Shakopee Senior Citizen's Highrise for two reasons. To begin with, Route #53S currently is running at capacity and indeed overloads are quite common. Any additional ridership would serve to further compound the overloading situation on this route. Under normal circumstances the MTC would certainly welcome the expanded ridership. However, given our current financial situation and our shortage of buses, there is no way the MTC could expand service on Route #53S to accommodate any further increases in ridership. Also, Route #53S does not run at times that would be convenient to senior citizens. The senior citizen reduced fare period on the MTC is from 9:00 a.m. to 3:30 p.m. and after 6:30 p.m. , Monday through Friday and all times on Saturdays and Sundays. As you may be aware, Route #53S only runs very early in the morning and late in the afternoon strictly during commuter periods. Thus, given our experience with similar situations throughout the metropolitan area, it is highly unlikely to expect any senior citizen ridership at all. As an alternative, the MTC would suggest that you get in contact with the Scott/Carver senior citizen bus service. You are within their service area and I am sure that they could be of some assistance to you. Thank you for your inquiry on behalf of the City of Shakopee and the residents of the senior citizen's highrise. Should you have any further questions, please feel free to contact our offices. Sincerely yours, ,__......5- 5r ;G. r---A9--rr--- Scott R. Dickson Assistant Director Service Planning & Scheduling cc: Fred Heywood RECEIVED � 7 Law Offices of MAY 2 2 1981 KRASS, MEYER & KANNING Chartered CITY OF SHAKOPEE Phillip R.Kress Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kanning Shakopee, Minnesota 55379 (612)445-5080 May 21, 1981 Mr. Harold LeVander, Jr. Attorney at Law 633 South Concord Street South St. Paul , MN 55075 Re: Shakopee Acquisition of Jordan Coop Property Dear Mr. LeVander: I have been instructed by the condemnation panel in the above- referenced matter to set our hearing for the acquisition on Monday, the 15th of June at 9:30 a.m. at the Shakopee Public Utilities Commission meeting room, 1030 East Fourth Avenue, Shakopee, Minnesota. We will look forward to seeing you there. Yours very truly, KRASS, MEYER & KANNING CHARTERED Phillip R. Krass PRK:ph File #1-1373-79 cc Mr. Edwin Sharkey Mr. Ray Siebenaler Mr. Ray Joachim Mr. Lou Van Hout / Mr. John Anderson ✓ Kawasaki Motors Corp., U.S.A. , MAY 181981 650 Valley Park Drive, Shakopee, Minnesota 55379 •(612) 445-60 ciTY OF SHAKOPEE May 15 , 1981 Mr. LeRoy Houser Building Inspector City of Shakopee 129 E. First Avenue Shakopee , Minnesota 55379 Dear Mr. Houser , Following your visit with me on May 13 , 1981 , I met with several managers here , reviewing our excess storage problem. In addition , I called the manager of tooling at our Lincoln, Nebraska Mfg. plant. Part of the storage at the east edge of our property are molds and tooling . He is flying here today to review these items for disposition. On May 20th I will receive a list of items from our managers as to which items can be sold to Kawasaki Dealers and those items which may be buried . As soon as I receive more details as to the water- shed projects path , I will be able to designate our area for a pit to destroy non-saleable parts . Therefore contemplate the conpletion of the project by June 30, 1981 . I hope this plan will meet with your a the City of Shakopee . We at Kawasaki hav ve always attempted al and others ptosbetini cooperative and an asset to our community and the Industrial Park ' Area and will remain in that stead . .,;ry,,, = Please advise me if our proposal is acceptable and upon completion of this project, I will invite you here for a review. Sincerely yours , Lee arkgraf Administration Supervisor /ls RECEIVED �q MAY 2 2 1981 Law Offices of KRASS, MEYER & KANNING CITY OF SHAKOPEE Phillip R.Kress Chartered Barry K.Meyer Shakopee Professional Building Philip T.Kenning 1221 Fourth Avenue East Shakopee,Minnesota 55379 (612)445-5080 MEMORANDUM TO: The Honorable Mayor and City Council of the City of Shakopee FROM: Phillip R. Krass DATE: May 21, 1981 SUBJECT: Litigation Update John has asked that I give you an update of the status of the various litigation we are handling for you. 1. With respect to the Wangerin suit, it is our posture to do as little as possible. It is fundamentally not our suit, but rather a disagreement between Wangerin, Barbarossa, and Mortenson. Unfortunately, we are dragged into it, and I will respond as necessary, but I don't intend to instigate any discovery or actions unless or until I think we are in a position to make a summary judgment motion to get the City dismissed. 2. The suit by Mr. Welter against the City and St. Francis Hospital over the issuance of a conditional use permit for the parking facility leased by St. Francis and St. Mark's Church has been dismissed. Both the City and the Hospital made a joint summary judgment motion which was heard by Judge Lindmeyer on May 18th and the Judge informed me on the 19th, he was signing the Order granting our motion for summary judgment. Unless Mr. Welter appeals to the Supreme Court, I expect this matter will be concluded. 3. There has been no action on the ice arena suit. You will recall Associated Mechanical Contractors has sued the non-profit corporation to whom the City leased the land, as well as the City. The claim against the City is that the construction of the ice arena was a public project and should have been bonded to protect materialmen and laborers. I consider this suit a serious matter, but unless directed otherwise, I am not going to do anything to stir it up and get it moving. I would prefer to give the non-profit corporation time to get their house in order and attempt to make some accommodation with Associated to try to pay off the amounts owed and handle the lawsuit in tht matter. 4. We have just had delivered to us the suit by Jackson Township against Scott County and the City of Shakopee over the "Shakopee By-Pass". I will have to coordinate the defense of this suit with the County of Scott, and explore whether or not the State of Minnesota should be involved. 5. Fiscal Disparities. The fiscal disparities pre-appeal conference was held Wednesday, the 20th of May, before Justice John Simmonette, Two Assistant Attorney Generals were present together with two attorneys from the Metropolitan Mayor and City Council Page 2 May 21, 1981 Council , Trevor Walsten and myself representing the City. There were extensive arguments over whether or not the City should be precluded from raising the prima facie constitutionality of the fiscal disparities law since it was decided originally in the Burnsville case. The State argued vociferouly that position, but ultimately, it was determined that the City would be able to proceed with arguments against the general constitutionality of the law as well as its unconstitutionality as it is applied specifically to Shakopee and Shakopee's taxpayers. We have been given 60 days to write our brief and for any other party supporting our position to apply for and submit an amicus curiae brief, thereafter the State and Metropolitan Council and any amicus proponents on their side have 45 days to submit a brief, and we have 15 days to submit a reply brief to that. The case has been scheduled as one of the rare cases for en banc oral argument before the entire nine-judge Supreme Court. We will now commence writing our Supreme Court Brief. Yours very u , KRASS, YER` KANNING CHARTERED ip R. rass PRK:ph File #1-1373-1 . - JULIUS A.GOLLER, II JULIUS A.COLLER ATTORNEY AT LAW 612-445-1244 1859-1940 2 1 1 WEST FIRST AVENUE SHAKOPEE, MINNESOTA 553Z9 May 18, 1981 Members of the Shakopee City Council Mr. John Anderson, City Administrator Mrs. Judith Cox, City Clerk Dear Associates: In the years past, until 5 or 6 years ago, it was my custom to outline for the Council's review and information a summary of my activities as City Attorney for the previous quarter. Since much of this work escapes the Council's notice, I feel the members are entitled to this information and with this summary I am reviving my former practice. This report covers work done through my office for the first 3 months of 1981. It does not include litigation, prosecution and other substantial work done by Mr. Krass's office nor has any attempt been made to account for numberous telephone calls and miscellaneous correspondence with this office. During the first three months of the year 72 court cases and 41 jury cases have been disposed of either by trial or plea bargain. Before these cases reach trial the arrest reports must be reviewed by me and a formal complaint dictated, signed and filed and then pre-trial held, all of which is quite time consuming. During the same period the following Emient Domain proceedings were instituted, hearings held and in most instances are well on the way to completion. These cases are: City v Dunker and Muhlenhardt City v Certainteed and others City v Hauer City v Hauer and Ueland City v Lindstrand, Grayson and others Registration of Title to the real estate on which the library is located, the North half of Block 29 , has been instituted and negotiations have been carried on for the purchase of the North half of Blpck 30 from the receiver of the Milwaukee Railroad and this is nearing comp tion. Suit has been instituted against James Hauer and his bonding company growing out of the building moved into Shakopee and now sitting on block, all in violation of the permit. It is now on the Calendar awaiting trial. - - I have also done collections for the2 fire department and the city; plats have been checked and abstracts examined in connection with the filing of these plats. Then, too there was the drafting of several ordinances and resolutions and several written opinions submitted to the council or staff. I have also worked extensively with Jeanne Andre in the HRA matters. The cooperation I have recieved from the City Council and the City staff has been excellent and it has made my work both productive and pleasant. Thank all of you. Very truly yours, Juli '_ A. Coller, II City Attorney JAC/nh 2 ! MEMO TO: John Anderson City Administrator FROM: Ad Hoc Downtown Committee RE : Work Program DATE: May 27, 1981 As required in the bylaws, the Ad Hoc Downtown Committee is submitting the attached work program for your information. The work program is necessarily general so as to provide maximum flexibility for the Committtee to undertake specific work topics . The minutes of the Ad Hoc Downtown Committee will continue to be provided to you in order to keep you informed of specific discussions and progress . DS/j iw Attachment n H O a OD�t rt Nn G H. H• rr rt �C rb 7c; ( H (D o v Cr (D K H. rt (D (D O rt O a r• (D H 1'tl rt rt C rt w cn w ‘C• r• (n rt Com. co 8 0 r. 0 G (!0 P-t r j rt 0-3 (D r• 0 w • d d O (D rn rn r• r• G � 0 'TJ H. (D w (D oD 0 0 H. '0 w � (D rt 0 cn 0 rt 10 0 ry rt rt 0 0 0 '0 'D H. 0 0 rt rt cn cn 0 H. (D (D O a 01- cn E rt 'T1 Y I-' w d O C71 H. 0 rt Dort C (n a) C N (D (D rt F ' 0 H. 0 r rt ti CD H. H. 0 (o U cn rt rt ri 0 rt (D (') rd (D Q. 0 G C(Q G Nf-' G d `C r� . . 0 r-, (D (D r• T] > G 0 H. (n • rt G b w (D cn 0 cn 1-t •• r-. HA 10 O G H. % ri H. w r oo H. Pa rt I—' r• pq C d o cn 0 o r• _ rn cn (1) 0 rj 0 Qo aa H. w rt 0 fa. G 0 C) cn B o (� o rt 'b H. O r• (!1 • cn f-' G Q oo (D N(D rt ( ti SCOTT COUNTY 2 PLANNING, INSPECTIONS & ENVIRONMENTAL HEALTH COURT HOUSE A102 • SHAKOPEE, MN. 55379 (612)445-7750, Ext. 350 MEMORANDUM: RECEIVED EIV D MAY 2719.81 TO: Township Officials, City Administrators and City Clerks CITY OF SHAKOPEE FROM: Jon Westlake, Planning Directoz DATE: May 22, 1981 SUBJECT: Scott County Grid Address System Public Hearing This is to inform you that the Scott County Board of Commissioners will hold a Public Hearing regarding the County Grid Address System. The hearing will be held at the Scott County Courthouse, 428 South Holmes St. , Shakopee, Minnesota at 8:00 p.m. on June 11, 1981 in Room 109 (Commissioners Room) . From the direction of the County Board, a Scott County Address Grid System Task Force was formed, which held their first meeting on October 16, 1980. The task force consisted of members from each Township, Municipality, Post Office, emergency service, county officials and Metropolitan Council staff. The committee established a County Address Grid System. The following are some of the reasons for establishing this system: - 911 Emergency number which will reduce the difficulty for emergency vehicles to locate properties. - Make the change now as opposed to the future when it will be more difficult. - Reduce loss of mail, incorrect deliveries, loss of time and mail not correctly addressed. - Eliminate confusion and contribute to the convenience of the residents of the County. - Provide a uniform street naming and numbering system. In reference to the 911 System, Section 403.01 of the State Statutes requires each County in the metropolitan area to establish an emergency telephone system. The 911 concept is not a new concept, especially for those in emergency services. England has been operating a similar system since 1937 and the first American systems were installed in the late 1960's. There are about 750 such systems in operation across the country, serving about 35% of the population. A 1977 survey showed that 60% of the Twin Cities area residents did not know the correct number to dial for assistance. This could be more of a problem if you are a visitor in the area. 911 is an attempt to alleviate confusion in an emergency situation. If you have any questions, please feel free to call the Planning Office. An Equal Opportunity Employer RECEIVED 4/ ROBERT J. SCHMITZ MAY 1 4 1981 Senator 36th District Route#1 CITY OF SHAKOPEE Jordan, Minnesota 55352 OSenate Office: 235 State Capitol St. Paul, Minnesota 55155 Phone: (612)296-7157 State of Minnesota May 12 , 1981 Mr. John K. Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear John : Thank you for informing me of the Shakopee City Council ' s opposition to S . F. 635 , the bill relating to tax increment financing . Many abuses have occurred in the use of tax increment financing . I am not convinced, however, that this bill will curtail any of these abuses . In effect, S . F . 635 would only serve to restrict smaller cities and projects in redevelopment efforts . S . F. 635 is currently on General Orders and will be debated on the Senate floor within a few days . Be assured, I will vote in opposition to this bill . Thank you again for contacting me. If you have further comments or questions , please give me a call . Sincerely , ROBERT J . SCHMITZ Chairman Senate Veterans ' Affairs Committee RJS/st COMMITTEES • Chairman, Veterans Affairs • Rules& Administration • Transportation • Taxes&Tax Laws • Elections& Reapportionment Avg RC1VED 'ICn•feb .cifofez senate WASHINGTON. D.C.-20510 MAY 26 1. 1)- May )-May 20, 1981 CiTY Mr . John K. Anderson City Administrator 129 E. 1st Avenue Shakopee, Minnesota 55379 Dear John: Thanks for getting in touch with me about funding for the General Revenue Sharing (GRS) program. I appreciate the opportunity you' ve given me to provide a personal response. During hearings on the budget resolution, the House Budget Committee assumed a $340 million reduction from the $4. 57 billion authorized last year for a three-year period. Their feeling was since other domestic programs were being reduced, the General Revenue Sharing program should also be cut ( ignoring, of course, the substantial reduction in the State share accomplished last year) . When the House Budget resolution was considered by the House of Representatives, an alternative was adopted which restored full funding for the General Revenue Sharing program ( i .e. the local portion was retained) . The Senate Budget Resolution contains full funding for GRS also. As you probably know, I strongly support the General Revenue Sharing program. I would like to see more programs that provide Federal funding to states and localities with no strings attached. Such programs relieve states of the costs of complying with government regulations, and they allow states the flexibility to respond to the unique needs of their own state. In addition, revenue sharing is one of the most efficient May 20, 1981 Page 2 government programs. I believe the block grant concept that President Reagan has recommended for many Federally-funded programs will save many taxpayer dollars also. Again, thanks for contactin. e. S rely, 11661 Rudy Boschwitz United States Senator RB/cb • Y f r RECEIVED 1 (0 Law Offices of MAY 261981 KRASS, MEYER & KANNING Chartered CITY OF SHAKOPEE Phillip R.Kress Shakopee Professional Building Barry K.Meyer 1221 Fourth Avenue East Philip T.Kenning Shakopee, Minnesota 55379 (612)445-5080 May 22, 1981 Mr. John Anderson City Administrator 129 East First Avenue Shakopee, MN 55379 Re: K-Mart Project--Final Payment to Barbarossa & Sons Dear John: I have reviewed Bo's May 18th letter and David Turney's May 14th letter relative to final payment to Barbarossa. Between them, Barbarossa and Mortenson have gotten us into an extensive lawsuit in which Wangerin is claiming damages against the City as well as against these other parties. Until that matter is settled and it's determined whether or not Barbarossa owes money to Wangerin, it is my recommendation that we make no further payments on that project. If the parties agree, we will place money in escrow or deposit it with the Clerk of Court if they would prefer that. There is no question that we owe that retainage, and the only issue is tq whom. Until that issue is legally determined, I believe we would make the requested payment to Barbarossa at our own risk, and recommend against it. Yours v?ry`t uly, Eii KR", CHARTERED //4/4 G Phfh ip R. Krass / PRK:ph File #1-1373- MEMO TO: John Anderson City Administrator 1 FROM: H. R. Spurrier \1 !� City Engineer RE: Kmart Tax Increment District DATE: May 18, 1981 Introduction: The City of Shakopee, Minnesota has administered the contract for the Housing and Redevelopment Authority for Rough Grading and Site Utility Contract for the Kmart Tax Increment District. Background: The above-referenced contract resulted in a law suit by one of the sub-contractors. The contracting administrator, M. A. Mortenson Company, the General Contractor for Kmart Corporation is recommending that the final retainage be paid to Barbarossa & Sons. I believe it would be appropriate for the Assistant City Attorney, Mr. Krass, to review any payment request and determine whether it is appropriate to make those payments in view of the fact that the matter is now being litigated. 4 The City of Shakopee's Engineering Department does not take exception with the request and recommends payment so long as the Assistant City Attorney will concur. It is further recommended though that the City be in receipt of a sworn construction statement and lien waivers prior to disbursement of the retainage. Recommendations City staff recommends that final payment be disbursed to Barbarossa & Sons upon receipt by the City of a sworn construction statement and lien waivers for the Kmart Distribution Center Rough Grading and Site Utility Contract. HRS/,j iw Attachment: M. A. Mortenson letter dated May 14, 1981 M. A. MORTENSON COMPANY GENERAL CONTRACTORS • 700 MEADOW LANE NORTH MAILING ADDRESS: PO.BOX 710•MINNEAPOLIS,MINNESOTA 55440•TELEPHONE(612)377-2630 • May 14, 1981 City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Attention: Mr. Bo Spurrier Re: Kmart Distribution Center Shakopee, Minnesota Rough Grading and Site Utility Contract Gentlemen: Work on the above referenced project is completed. It is the opinion of the M. A. Mortenson Company that any funds presently being withheld by the City for work performed on the above referenced contract should be released. Please contact me if you have any comments or questions on this. Very truly yours, le -( -70 A David G. Turney DGT/tb cc: Kmart Corporation Barbarossa & Sons P i �lp� 1 WO\• °L MINNE •TA • • N, SHAKO=',;; Pil0PO T?D 0 T GOP M1J T ' P�T1'Y 'N ,I"'iIF30IJTI(70D f Z4_,,2,2/ PARK SNEERING CO°i1TUTEE We met May 13, 1981 at 7 p.m. at the home of our President, Jim Cook at 1075 Millee Street. The followinm were present: George Muenchow, Director Community Services , Jim Cook, Jim Moriarty, Chuck Rieck, Dail..^ Peterson and Bob Langer. President J.)m Cook called 4-e_e meeting to order and requested the readinH of the minutes . Jim Cook reported that a donation of " received from trx , _ p - ,T •h250.00 was gratefully :3halho cue Rota ' Club. A chequing account will be opened May 14 for the deposit of the done : on. Jim Cook said that John Neel;, has offered to write an article in the Shakopee Valley News telling; the peop? c of our need for a warming house. Phillis Martinson called Jim Cook and reported that she could not vet a firm estimate on the cost of C;a,o in to a warming hose. Ji reported that foundation for a war-ling house would not beunecessary. George Muenchow reported that two staff people - one from the Metro Parks and Open Space Commie ion - and one from the Department of State Planning, plus George and Jim Cook looked over the site of the proposed park and these people will make applications that will go before the different bodies of govepnment couple of months whether funds ,:ill be available from thewcorvernment. Dallas Peterson reported that the cost of fencing and Vi and safetyshield will cost a >roximatel ;1,235.00. will bring p' Y �� That will bring the total cost for the hockey rink to anerr3x3_mately V4,400,00. The park staff would do the labour of nuttin<;" up the fence but the fall of the year. Also Aa 1'me would ybe keep thet weeds down within the hookay rink and ;"he coot, -- this would be 1100.00.weeds ;1100.00. Jim Moriarty reported on the cost of a heater for the warming house. He suuuested that two units would be necesne,ry and these are quite cost efficient. They are Kerosun Heaters - Omni 85 12,000 BTU - 10 to 14cals . at �'�259. 00 each - no problems regarding the safety ufactor.for 8 The to ltotalrscosthfor wouldere obe them would be 520,00. of The costs figured to this time are approximately: Hockey rink tifi4,400.00 Aglime for rink 100.00 Playground equipment 3,+24.00 Heaters X20.00 4.00 but this does not include lights or warm n.r1do nc or warming house or the cost of moving a warmin?ohouse ifeone ashould be donated. George Muonchow offered to talk to Margaret MacFarland to find out the cost of movin;y a structure, Jim Cook offered to talk to John Neely to see if the paper would advertise our need for n. warming house or materials to build one or maybe someone to move a war-tin,; house if one should be donated. George Muenchow su,:e,estec] We call a neighbourhood meeting and report to them what has been done to date in order to build support. It was surges ted we Ochedule this for June 9. Gwen will check with Jack Cole for use of the Junior 1 i h Lunch room. Jim Cook will ask John Neely to advertise this in tie coml. ,: events column of the Shakopee Volley News . Jim n'oriarty will. ask Bob Z`�ec�ler to design 'a flier to be distributed in the neirehbourheed to advertise the meeting. Gwen Ellin7eon Is to call_ John Anderson and ask for us to be put on the council a=ct gene' �, ai7or Juno It was sur Bested that no talk privately with our mayor and council members before Jeno 1- =, Palm s )e ,enson and Bob Langer will contact Daloris Lebens and Dean Colliean® Chuck .1t ock and Jim Moriarty will contact John Lcrouu end olden delnke and ,Jim - Cook and xvren Ellingson will contact Dick i-Tullander and i'ayor Harbock. The meeting was adjourned and the next meeting will be on May 27 in the music room H Room 111 of the Junior ddirh School at 7.p.m. It is requested that all members attend . Reenectfully submitted, Gwen Ellin:7son. Minutes of the meetingRECEVED MINUTESMay OF THE SHAKOPEE POLICE COMMISSION C'. J MAQFY 3H26�,I1981K4PEE of 20, 1981 Members present: Commissioner Stan Dircks, Commissioner Dan Steil, Commissioner Virgil Mears. Acting Chairman: Virgil Mears Open nominations for chairman of the committee, a. Stan Dircks nominated Virgil Mears, seconded by Dan Steil, motion approved. b. Stan Dircks nominated Dan Steil for secretary, motion seconded by Virgil Mears, motion approved. c. Tom Brownell, police chief, discussed the problems with the budget in the upcoming year, and stated that alternatives must be developed for the council. d. The second Wednesday of each month was established as the regular meeting date for the police commission. Meetings will be held at the Public Service Building at 4:00 P.M. e. The committee will review the civil service rules and study the duties of the police commissioner, the mayor and the city council, and each member will be receiving a copy of the statute for the police commission. f. Motion made to adjourn. Daniel G. Steil, Secretary May 21, 1981 PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA MAY 14, 1981 Chrm. Schmitt called the meeting to order at 8:00 p.m. with Comm. Stoltzman, Rockne, Koehnen and Vierling present. Comm. Perusich arrived later. Absent was Comm. Col- ler. Also present were Concl. Colligan and City Planner Don Steger. Koehnen/Vierling moved to approve the minutes of April 9, 1981 as kept. Motion carried with Rockne abstaining. RENEWAL - CUP Resolution No. CC-133 - Roger Whipps (PC 81-12 C-R): City Planner stated the applicant is Roger Whipps, Route 1, Box 333, Shakopee, who is requesting review and reapproval of a Conditional Use Permit allowing him to continue to reside in his mobile home located on his father's property while assisting with the family farming operation. He stated the original Conditional Use Permit had been issued March 22, 1977. Koehnen/Vierling moved the renewal of Conditional Use Permit Resolution No. CC-133, allowing a mobile home as temporary living quarters in an AG (Agriculture) Zone while assisting with family farming operation, subject to the following conditions: 1. The Conditional Use Permit will expire On March 22, 1982; (5 yrs. after original Conditional Use Permit issuance) ; 2. The mobile home shall not be used as a rental unit; 3. The mobile home shall have tie downs; 4. The mobile home shall not be more than six years old or it shall meet the current fire standards. Motion carried unanimously. RENEWAL - Wolf Conditional Use Permit (PC 81-11C-R) : The City Planner stated the applicant is Robert Wolf, Route 3, Box 453, Shakopee who is requesting a review of his original Conditional Use Permit adopted July 3, 1979, allowing a tool and die machine shop in a B-1 (Highway Business) Zone. Rockne/Koehnen moved the renewal of Conditional Use Permit Resolution No. CC-213, allowing a tool and die shop in a B-1 Zone and that said permit be established on a permanent basis as long as said property is used for the existing use and owned and operated by the same applicant. Motion carried unanimously. PUBLIC HEARING - Gerold CUP (PC 81-130 Vierling/Koehnen moved to open the public hearing on the CUP for mobile home as a temporary living quarter in an AG, Agricultural Zone. Motion carried unanimously. City Planner stated the applicant is John Gerold, Route 1, Box 59, Shakopee who is requesting a Conditional Use Permit to allow a mobile home on a farmstead while he is assisting with the family farming operation. Chrmn. Schmitt asked for comments from the audience. There were none. Rockne/Koehnen moved to close the public hearing. Motion carried unanimously. Rockne/Stoltzman offered Conditional Use Permit Resolution No. 273, to occupy and establish temporary residence in a mobile home adjacent to and on his father's property described as Si'. of NE4 and the NE4 of SE4 Excepting the railroad right- of-way in Section 21-115-22, while assisting in the family farming operation, and moved for its adoption, subject to the following conditions: . Shakopee Planning Commission -2- May 14, 1981 l 1. The CUP shall be reviewed on an annual basis. 2. The mobile home may be placed on the property for no more than 5 years. 3. The mobile home shall not be used as a rental unit and shall not be occupied by anyone other than the applicant and family. 4. The mobile home shall utilize tie-downs. Motion carried with Koehnen abstaining. PUBLIC HEARING - St. Francis Hospital CUP (PC 81-14C) Stoltzman/Vierling moved to open the public hearing on the request for CUP for a parking lot facility to be located east of Atwood St. between 4th & 5th Avenues. Motion carried unanimously. The City Planner explained that the applicant is requesting approval of a CUP in order to construct an off-street parking lot at the above location. Tom Prusak, Director of Operational Services for St. Francis, asked that the CUP be extended to the east half of Lot 9 and the west half of Lot 8, Block 57. Comm. Perusich arrived at this time, 8:20 p.m. The City Planner stated there would be no need for further notification with this extension. Discussion ensued on the limited access to the parking lot through just one end of the alley during construction of the hospital addition and the feasibility of adding accesses. Chrm. Schmitt asked for comments from the audience, and there were none. Koehnen/Stoltzman moved to close the public hearing. Motion carried unanimously. Mr. Prusak stated he would not object to putting in additional curb cuts, if required. Vierling/Stoltzman offered Conditional Use Permit Resolution No. 275, granting construction of a temporary parking lot in an R-2 Zone for St. Francis Hospital and moved for its adoption, conditioned upon including in the description theE'-z of Lot 9 and the W'-z of Lot 8, Block 57, plus the following conditions for the total lot: 1. The CUP be renewed in one year, if a permanent parking lot is not constructed prior to that time. 2. The parking stalls or rows be delineated through the use of bumper guards or posts with chains. 3. A dust control program be approved by the City Engineer. 4. A drainage plan be approved by the City Engineer. 5. One to two curb cuts at 4th Avenue and 5th Avenue, subject to approval by the City Engineer, and possible use of existing curb cuts. Motion carried unanimously. PUBLIC HEARING - Scott County Courthouse CUP (PC 81-15C) Perusich/Rockne moved to open the public hearing for a CUP for parking lot extension to be located between Fuller & Atwood Streets on the South side of 4th Avenue. Motion carried unanimously. The City Planner explained that the applicant is requesting approval of a CUP in order to expand an existing off-street parking lot at the intersection of 4th Avenue and Fuller Street. • • Shakopee Planning Commission -3- May 14, 1981 Joe Ries, County Admr. , stated the County would work with the hospital in developing the drainage plan as approved by the City,Engineer. • Chrm. Schmitt asked for comments from the audience, and there were none. Perusich/Koehnen moved to close the public hearing. Motion carried unanimously. Perusich/Koehnen offered Cond. Ube FiiResolution No. 276, granting the construction of a„ "temporary" parking lot as an extension of an existing parking lot in an R-2 Zone for Scott County, and moved for its adoption, subject to the following: 1. The CUP be renewed in one year if a permanent parking lot is not constructed prior to that time. 2. The parking stalls be striped and the westerly border of the lot be delineated with either bumper guards or posts with chains. 3. A drainage plan be approved by the City Engineer. 4. Screening provision be waived. Motion carried unanimously. Vierling/Koehnen moved to waive the screening provision for Resolution No. 275 for the St. Francis Hospital application. Motion carried unanimously. PUBLIC HEARING - Preliminary and Final Plat of Minnesota Valley 5th & 6th Additions - Dick Wiggin (PC 80-46P) Rockne/Vierling moved to open the public hearing for the preliminary and final plat of Minnesota Valley 5th & 6th Additions, residential subdivisions lying at 12th Ave. and Minnesota Valley Drive. Motion carried unanimously. The City Planner explained that the applicant is requesting both preliminary and final plat approval of Minn. Valley 5th & 6th Additions, both 8 lot subdivisions. Minnesota Valley 7th Addition is left as an outlot, pending the Mall area traffic study. Dick Wiggin, the applicant, indicated he has seen the recommendations of staff and has no problem with them. The City Planner reported that he met with the City Engineer and the study consul- tant on the Mall traffic study where several alternatives were looked at, and none of the alternatives would be in conflict with these plats. There was a brief discussion regarding the use of deed restrictions rather than homeowners association. The City Planner stated that from his research, other muni- cipalities favored using deed restrictions as being simpler and accomplished the same thing. Walt Muhlenhardt asked about using deed restrictions on other projects, and discussed this with Dick Wiggin. Chrm. Schmitt asked for comments from the audience and there were none. The City Planner asked for clarification about the 7 member committee, its legality and status and how it affects these plats. Dick Wiggin stated that he planned to have a meeting with the 7 Member Committee after he got approval of these plats. Cncl. Colligan stated it is a legal group, but it is strictly advisory. Perusich/Vierling moved to close the public hearing. Motion carried unanimously. Shakopee Planning Commission -4- May 14, 1981 ‘2, Perusich/Stoltzman moved to recommendto the City Council & the 7 Man Joint Committee approval of the Preli and Final Plat of Mn. Valley 5th & 6th Addns. , subjebt to: 1. From the point of northerly deflection, 12th Avenue Court be renamed to Taylor Street. The cul-de-sac be renamed to Taylor Court. 2. The future platting of Outlot A, Minnesota Valley 6th Addition, be subject to the adopted recommendations of the Mall Traffic Study currently being prepared for the City. 3. The signature blocks of both plats be changed to comply with the County Re- corder requirements. 4. A cash payment for park dedication be made. 5. The City Planner review the deed restrictions prior to the issuance of indivi- dual lot building permits. 6. Approval of Title Opinion by the City Attorney. 7. Execution of a Developer's Agreement for the construction of the required improvements. 8. All final plans and specifications be prepared in accordance with City Design Criteria and Standard Specifications and be received and approved by the City Engineer. 9. Construction drawings for the watermain, storm sewer, roadway and sidewalk be submitted to and approved by the City Engineer. 10. The water utilities be designed and approved by SPUC manager. 11. Street lighting be approved by SPUC manager. 12. Sidewalk be installed along the west side of Polk Street. Motion carried unanimously. Discussion - Rezoning of Bob Schilz property The City Planner highlighted his memo reviewing the zoning along the north side of Bluff Avenue, as per request by Bob Schilz, owner of Ornamental Iron Works. Mr. Schilz' property was zoned Commercial when he purchased it and after that time it was rezoned R-3 (Mid-Density Residential) as part of the City-wide rezoning process. Mr. Schilz claims he was not informed of the rezoning, although research indicates that all official notification requirements concerning the City-wide rezoning were implemented. Mr. Schilz stated the only reason he wants it rezoned to Commercial is for future sales. His business is grandfathered in now, so he is paying Commercial taxes, but not experiencing the benefits of Commercial zoning. He feels he has lost part of the value of his business. Mr. Schilz' options of requesting a rezoning or of selling to a similar type busi- ness were outlined. Mr. Schilz asked more specifically about the process of request- ing rezoning. He stated that two of his neighbors have expressed interest in having commercial property. Cncl. Colligan leaves at this point, 9:30 p.m. Discussion - Link's 4th Addition - Sketch Plan Review The City Planner explained that this was a sketch plan for three four-piexes, 2 bedrooms each, with garages. He pointed out that the garages cannot be closer to the street than the principal building, according to Zoning Ordinance. • Planning Commission -5- May JJ , 1981 at, 1 A discussion was initiated regarding the size of the lot and the problem of getting 40 foot setback at rear and 15 foot setback at the right side. This is a difficult piece of property because of the odd shaped parcel of land, plus two main roads. Several alternatives were mentioned for changing designs. Mr. Link said he would be glad to have his architect, Bill Peterson, get together with the City Planner to try to work something out. Mr. Link stated these would be privately owned condominiums. The land was platted in the late 60's, early 70's, so could it be checked out if there is any park dedica- tion due now. Also it should be checked out if the setback with the County is firm. Chrm. Schmitt suggested that maybe the re-plat could be considered a PUD. Discussion - Mike Mobley - request to expand non-conforming use The City Planner explained that Mike Mobley has been operating for 26 years in the rear of his home in a small building the Black Diamond Shoe Co, manufacturing horse- shoes. He would like to build a larger building on a adjacent lot to his home. The Planner said this is a legal non-conforming use, but it can't be expanded in a R-2 District. Mr. Mobley would like a maximum 30 x 50' building. A discussion was held on the limitations in size of accessory buildings, limited by 10 percent of lot and also that it cannot be bigger than principal building. Chrm. Schmitt suggested Mr. Mobley might be considered a home occupation, and asked the City Planner to get a ruling from the City Attorney as to whether or not this would qualify as a home occupation. There was a suggestion to get in touch with the Minnesota Valley Restoration Center, to see if they would be interested in donating a building for Mr. Mobley to work there, as it is educational and a dying art. Discussion - Change of Planning Commission meeting night The City Planner stated that the City Admr. asked for this discussion, but he is out of town now and suggested that if the Planning Commission wanted to table the matter until he is able to be at the meeting, that would be fine with him. There was a brief discussion about the alternatives. Stoltzman/Vierling moved to table this discussion item. Motion carried unanimously. Appointment of Planning Commission member to the Ad Hoc Downtown Committee Chrm. Schmitt advised the Comm. that this person would be an observer and liaison for the Planning Commission, an ex officio member. The meetings are the 3rd Thursday at 7:00 a.m. here at City Hall. Comm. Stoltzman volunteered to serve. Rockne/Vierling moved to recommend and approve Stoltzman as liaison member of the Ad Hoc Downtown Committee. Motion carried unanimously. Informational Items The City Planner explained his memo regarding the Eagle Pet Center Game Room; that it is incidental to the principal business and would not require a CUP. Planning Commission -6- May 14, 1981 049 The City Planner informed the Commission about a carpentry business on First Avenue, and the problems involved in determining whether or not it is an allowable business. It was approved with limitations on workshop of being used only 4 times a year. There is now a fee of $10 for CUP renewals to help cover another public hearing and sending out new notices. For reviewals, the applicant will just come in and it will be more of a quick reviewal without notifying other people. It needs to be made clear to the applicants and indicated on the reports to the Planning Commission whether it is a renewal or a reviewal. There will be an appeal to the City Council of the Sullivan/0'Sickey CUP application which was denied by the Planning Commission for a game room in the old Ben Franklin building. This appeal will be May 26, 1981 at a joint meeting of the Planning Com- mission and City Council. The City Council will be presented with the report that was made, the Planning Commission action and the extra conditions the Planning Commis- sion asked for consideration. The Mall Traffic Study consultant will present its findings at this May 26, 1981 joint meeting. The consultant looked at 6-8 alternatives and did a matrix type rating of each. Perusich mentioned the visual hazard with pallets of patio block at the Kmart retail store. The City Planner said the consultant for the traffic study is addressing the safety hazard surrounding the Mall. Rockne/Vierling moved that the City Planner be directed to write a letter on behalf of the Planning Commission commending the ICC, Scottland and Chamber of Commerce for the excellent presentation that was made on Industrial Day. Motion carried unanimously. Koehnen/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:05 p.m. John Schmitt Chairman Diane S. Beuth Recording Secretary PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPFF, MINNESOTA MAY 14, 1981 Chrm. Schmitt called the meeting to order at 7:30 p.m. with Comm. Stoltzman, Koehnen and Vierling present. Comm. Rockne arrived later. Absent were Comm. Coller and Perusich. Also present were Cncl. Colligan and City Planner Don Steger. Koehnen/Vierling moved to approve the minutes of November 13, 1980 as kept. Motion carried unanimously. Election of Officers The City Planner conducted the election of officers by opening the nominations for Chairman of the Board of Adjustments and Appeals. Stoltzman/Schmitt moved to nominate Comm. Koehnen for Chairman. Koehnen/Vierling moved to nominate Chrm. Schmitt for Chairman. Stoltzman/Vierling moved to cease nominations for Chairman. Motion carried unanimously. Discussion was held on the advisability of having the same officers for the Board of Adjustments and Appeals as serve on the Planning Commission. Verbal vote was in favor of Chrm. Schmitt. The City Planner then opened nominations for Vice-Chairman for Board of Adjustments and Appeals. Koehnen/Vierling moved that in the interests of continuity, the same Vice-Chrm. serve the Board of Adjustments and Appeals and the Planning Commission; to wit, Comm. Perusich. Motion carried unanimously. Schmitt/Vierling moved that nominations cease and a unanimous ballot be cast for Joe Perusich to serve as Vice Chairman of the Board of Adjustments and Appeals. Motion carried unanimously. Comm. Rockne arrived at 7:35 PM and took his place. Public Hearing - Welter Variance (PC 81-10V): Koehnen/Vierling moved to open the public hearing on the request for a 5 foot vari- ance from the side yard setback requirements to construct an attached single-car garage to existing home. Motion carried unanimously. The City Planner stated the applicant is Dennis Welter of 815 West 4th Avenue and explained that the variance was being requested because it was the only place to put a garage due to topography and lack of access to the rear of his property. Dennis Welter addressed the Board and stated he is only asking for what most property owners already have. He has looked at many homes in Shakopee that only have a 5 foot side yard setback. The City Planner stated that there is a provision to have a detached garage 5 feet from a side yard, but the variance is needed because it is an attached garage. ' Board of Adjustments & Appeals May 14, 1981 Page 2 / Rick Maki identified himself as Welter's neighbor to the west, and stated his ob- jections to granting the variance. He objected on the basis of general closeness, air circulation and fire safety to having a garage that close to his house. A discussion was initiated by Chrm. Schmitt with Mr. Maki about whether he has a garage, to which he answered "no"; and his intentions of constructing one in the future. The discussion centered on the lack of access to his lot from the rear, and the possibility that he will probably have to ask for a variance also. Mrs. Welter stated that they put into the bid for the garage firewalls on both sides of the garage and they will install a fire extinguisher in the garage. Mr. Maki stated he still feels it might be detrimental to his property, and would like to stay with the present code. Rockne/Koehnen moved to close the public hearing. Motion carried unanimously. Rockne/Vierlirag offered Variance Resolution No. 274, 5 foot sideyard variance from setback requirements, and moved for its adoption. Motion carried unanimously. Koehnen/Rockne moved to adjourn the Board of Adjustments and Appeals. Motion carried unanimously. Meeting adjourned at 7:55 p.m. John Schmitt Chairman Diane S. Beuch Recording Secretary r—� otitaoa REC EJ ' 04 MAY 131981 :$1' 0 May 12, 1981 �,; _ • CITY OF SHAKOPEE A� 4w� John K. Anderson, Administrator �� IN cIz1�5P City of Shakopee 300 Metro Square Building 1290 East First Avenue Saint Paul,Minnesota 55101 Shakopee, MN 55379 Telephone 612/291-6359 RE: City of Shakopee Comprehensive Plan Review Metropolitan Council Referral File No. 8375-2 Dear Mr. Anderson: At its meeting on April 23, 1981, the Metropolitan Council con- sidered the Shakopee Comprehensive Plan. This consideration was based on a report of the Physical Development Committee, Referral Report No. 81-45. A copy of this report, which was adopted as presented, is attached. The Council adopted Resolution No. 81-82 which provides for adop- tion of this report and the recommendations contained on pages 23 and 24 of the report. These recommendations are as follows: That the City of Shakopee be advised that: A. This report constitutes the Council' s official review required under the Metropolitan Land Planning Act; B. That no Plan modifications are required as authorized in Minnesota Statutes Sec. 473.175, Subd. 1. C. The Plan conforms to the Metropolitan System Plans as follows: 1. The Plan is in conformance with the Metropolitan System Plans for transportation and parks. 2. Conformity to the Metropolitan System Plan for airports would require Shakopee to reference the rules on "Obstructions to Airspace" MnDOT rule 14 MCAR 1.3015 subsections (c) and (d) in the plan implementation sections. 3. The Plan is not in conformity with the Water Quality Management Policy Plan regarding on-site sewer system management. The City should revise its Plan to provide clarification and additional material that would make the on-site system management program consistent with Procedure 10 of the Council's Policy Plan and should resolve inconsistencies within the information submitted on household growth and service area acreages. An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County o Carver County o Dakota County 0 Hennepin County o Ramsey County o Scott County 0 Washington County -10 O dpO 0. 1111 1St o� w� John K. Anderson, Administrator City of Shakopee �� INCItI-yP¢ May 12, 1981 Page Two 300 Metro Square Building Saint Paul,Minnesota 55101 Telephone 612/291-6359 D. The Plan discussion of forecasts is consistent with Development Framework Forecasts. E. The Plan appears to be in conformance with adjoining governmental units and affected school districts except for the 2. 5 acre lot size planned for the rural residential area. This is not in conformity with the plans of adjacent communities to preserve the agricultural area. Shakopee submitted copies of comments from adjacent governmental units, most of which are highlighted in Section Vi. B. 1. It is not clear whether these have been addressed by Shakopee. F. The Plan is consistent with other Metropolitan Development Guide chapters as follows: 1. The Plan is consistent with the Protection Open Space and Water Resources chapter of the Metropolitan Development Guide and Council policies for stormwater management, the Housing chapter, and the Solid Waste Management Plan. A summary of proposed standards for stormwater management is to be sent to the Council for review and comments prior to City adoption, in accordance with MS 473.206. 2. The Plan is consistent with the Metropolitan Development Framework in terms of general configuration, but to be in full conformity would require the City to modify the lot size of the Rural Residential area to approximate a one per 10 density for this area. The City is urged to review the delineation of the Rural Residential area to determine if certain parts of this area would be more appropriate in the agricultural area so that they would be eligible for the protection of the Metropolitan Agriculture Preserves Act. An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County o Carver County o Dakota County o Hennepin County o Ramsey County 0 Scott County o Washington County MEW_. ...3--b • , eOuto, 1 4io, ._ __ %gr_ 0A .a. John K. Anderson, Administrator City of Shakopee ,/, John May 12, 1981 Page Three 300 Metro Square Building Saint Paul,Minnesota 55101 Telephone 612/291-6359 The Plan is consistent with the Metropolitan Investment Framework, but it is requested that: a. The City be encouraged to maintain and update the capital improvement program as a current and valuable tool in its development. b. The City show the anticipated revenues from each funding source for each project. c. The City include a schedule (s) of the new debt that would result from the implementation of the CIP. d. The City add the following information to its CIP: i. Map(s) specifically locating the improvements. ii. An estimate of future operation and maintenance costs for each project. iii . Projects of other governmental jurisdictions. e. That the City notify the Council when amending its Capital Improvement Program. . • An Agenoy Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County o Carver County o Dakota County o Hennepin County o Ramsey County o Scott County 0 Washington County 30 olitaia O te jf 04 John K. Anderson, Administrator City of Shakopee rNciz1��P� May 12, 1981 Page Four 300 Metro Square Building Saint Paul,Minnesota 55101 Telephone 612/291-6359 The Land Planning Act requires that the City of Shakopee adopt its Comprehensive Plan within nine months of the completion of the Metropolitan Council's review of the Plan. The Council should be formally advised when such action has occurred. If there are substantial changes made in the Plan before adoption, please note these when you notify the Council of the Plan's adoption. Sincerely, METROPOLITAN COUNCIL ?gd440 sid44 -01,te Gladys Brooks, Acting Chairwoman GB:dk Attachment cc: Affected School Districts Adjacent Communities Carver, Hennepin and Scott Counties Ray Odde, Metropolitan Waste Control Commission Fred Tanzer, Regional Coordinator, Mn/DOT Mary Youle, CPD Representative, HUD Amy Stade, Mbdewakanton Indian Reservation James Schoettler, Metropolitan Council Staff • An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County o Carver County o Dakota County o Hennepin County o Ramsey County o Scott County o Washington County 3 0 METROPOLITAN COUNCIL Sutte 300 Metro Square Building , Saint Paul , Minnesota 55101 RESOLUTION NO . 81 - 82 RESOLUTION ADOPTING COUNCIL FINDINGS FOR REVIEW OF THE CITY OF SHAKOPEE COMPREHENSIVE PLAN WHEREAS, the Metropolitan Council is authorized , pursuant to Minnesota Statutes Section 473 . 145 , to prepare and adopt a comprehensive development guide for the Metropolitan Area and the Council has adopted such a development guide ; and WHEREAS , the Metropolitan Council is authorized , pursuant to Minnesota Statutes , Section 473 . 175 and 473 .851 through 473 . 866 , the Metropolitan Land Planning Act , to review the comprehensive plans of local govenmental units to determine their compatibility with each other, conformity with metropolitan system plans , and apparent consistency with the adopted chapters of the Metropolitan Development Guide ; and WHEREAS , the City of Shakopee has submitted its comprehensive plan to the Metropolitan Council for review pursuant to Minnesota Statutes , Section 473 . 175 ; and WHEREAS, the Metropolitan Council has studied and reviewed the Shakopee Comprehensive Plan and has determined whether the Plan is in conformity with the metropolitan system plans', compatible with local comprehensive plans and school capital improvement programs , and apparently consistent with other adopted chapters of the Metropolitan Development Guide . NOW, THEREFORE , BE IT RESOLVED : THAT the Metropolitan Council adopt the attached Shakopee Comprehensive Plan review report , Referral Report No. 81 -45 , and the recommendations found on the cover page and at pages 23 and 24 of the report as its review of the Shakopee Comprehensive Plan pursuant to Minnesota Statutes , Section 473. 175 . Adopted this 23rd day of April 1981 . METROPOLITAN COUNCIL / -Th a :Z.._ Charles R . Weaver, Eug�e a E . Francheef L Chairman E utive Secretary -- -••••:, •"-'-'- - ---,--:•-•,,::::','-'"--'','-',---q,- ;_•:;::i-,,i)--.-k-",:.-t-',.'. ..,,.,„,. 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ZiL' : . ; r :1,g Xr'1?' ; ; , M 4 ' , '%' -;- .-s .5' ' 't"I':': '1i ' , ;iit4;; ' '. •: '0: ,it 'Pt;') i ,,,--.'-•-,.,..,:.,..,.*:,,,..,,.,..,-,. ,.. . R v PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA MAY 5, 1981 Vice Chairman Leroux called the meeting to order at 7:00 p.m. with Comm. Lebens, Reinke and Colligan present. Comm. Hullander was absent. Also present was Jeanne Andre, HRA Executive Director. Lebens/Colligan moved to accept the special meeting call. Motion carried unanimously. Colligan/Lebens moved to approve the minutes of April 21, 1981 as kept. Motion carried unanimously. The HRA Director presented a map she had prepared at the request of Comm. Leroux showing completed homes, homes now under construction and those planned for construc- tion in 1981 in the Fourth and Minnesota Neighborhood Revitalization Project. Three lots and Oudot A will be left undeveloped after the 1981 construction season. Reinke/Lebens offered Resolution No. 81-1, A Resolution Authorizing HRA Officials to Enter Into Promissory Note and Second Real Estate Mortgage for Payment of Lot Value Upon Resale by Homebuyer for Lot 11, Block 2, Macey Second Addition, and moved its adoption. Motion carried unanimously. Colligan/Reinke offered Resolution 81-2, A Resolution Authorizing HRA Officials to Enter Into Promissory Note and Second Real Estate Mortgage for Payment of Lot Value Upon Resale by Homebuyer for Lot 6, Block 3, Macey Second Addition, and moved its adoption. Motion carried unanimously. Reinke/Colligan offered Resolution No. 81-3, A Resolution Authorizing HRA Officials to Enter Into Promissory Note and Second Real Estate Mortgage for Payment of Lot Value Upon Resale by Homebuyer for Lot 7, Block 3, Macey Second Addition, and moved its adoption. Motion carried unanimously. Lebens/Reinke offered Resolution No. 81-4, A Resolution Authorizing HRA Officials to Enter Into Promissory Note and Second Real Estate Mortgage for Payment of Lot Value Upon Resale by Homebuyer for Lot 8, Block 3, Macey Second Addition, and moved its adoption. Motion carried unanimously. Colligan/Reinke offered Resolution No. 81-5, A Resolution Authorizing HRA Officials to Enter Into Promissory Note and Second Real Estate Mortgage for Payment of Lot Value Upon Resale by Homebuyer for Lot 9, Block 3, Macey Second Addition, and moved its adoption. Motion carried unanimously. Reinke/Leroux offered Resolution No. 81-6, A Resolution Authorizing HRA Officials to Enter Into Promissory Note and Second Real Estate Mortgage for Payment of Lot Value Upon Resale by Homebuyer for Lot 10, Block 3, Macey Second Addition, and moved its adoption. Motion carried unanimously. The HRA Director informed the Commissioners that she had showed the proposed Contract for Deed to Sharon Goodwin for Lots in Macey Second Addition, and Ms. Goodwin ex- pressed her concern about the provision for the delay in the release of the letter of credit in connection with the sworn lien waivers. After discussion with the City Attorney, an amendment was suggested by the City Attorney to the Contract for Deed, and Commissioners received copies of this suggested amendment. Colligan/Reinke moved to accept the format of the Contract For Deed for Lots in Macey Second Addition, as amended, and to place the amended Contract for Deed on file as mmmr "1`,. ` 'fir r w, % ykt s ^i4 a i 3mr�," rMk �a a.;�F� egy.£ kms, '� i :j $41'0. 4 Shakopee HRA^ May 5, 1981 Page 2 Document No. 5 of the HRA Executive Director's Official Record of Decuments. Motion carried unanimously. Colligan/Reinke moved to authorize the appropriate HRA officials to execute Contracts for Deed for Lots 6 & 7, Lots 8 & 9, Block 3, Macey Second Addition with Goodwin Builders, Inc. for the construction of twin homes at a unit cost of $37,750.00. Motion carried unanimously. Colligan/Lebens moved to authorize proper HRA officials to execute Contracts for Deed for Lot 11, Block 2, Macey Second Addition with Pomije Custom Homes, Inc. for the construction of a single family home with garage pad and footings for $46,063.00, with the option of a finished two-car garage at an additional cost of $2,485.00. Motion carried unanimously. Reinke/Colligan moved to authorize appropriate HRA officials to execute Contracts for Deed for Lot 10, Block 3, Macey Second Addition with Pomije Custom Homes, Inc. for the construction of a single family home at a cost of $42,929.00, with the option of a two-car garage at an additional cost of $3,573.00. Motion carried unanimously. Colligan/Lebens moved to authorize payment of $20.00 to Louisville Landfill for dis- posal of the smokehouse remains. Roll Call: Ayes; Unanimous Noes; None Motion carried. Comm. Colligan informed the Commissioners about a letter he had received from the Scott County HRA Executive Director regarding the ownership of tables and chairs and the fact that he has been unable to determine ownership of same. Comm. Colligan suggested he would recommend to the City Council that the $450 received from the Rotary be used to purchase necessary tables. Comm. Leroux informed the Commissioners that there will be a six month review of the Senior Citizens Highrise on Thursday at 10:00 a.m. , when officials from MHFA, HUD, the management company and possibly the developer will be present. He invited anyone who has concerns to attend that meeting. The HRA Director reported that HUD is anxious for the Shakopee HRA to close out its block program, and wants it done by the end of May. However, the landscaping won't be done until the end of the summer. HUD wants the HRA to prepay funds with a con- tractor for this future work to be done. The Commissioners suggested an escrow arrange- ment or some other means of drawing the money without prepaying the contractor would be preferred, and asked the Director to investigate further to see if this would be allowed Colligan/Reinke moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:30 p.m. Jeanne Andre Executive Director, HRA Diane S. Beuch Recording Secretary • 3d MEMO TO: Members of Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: Status Report on Sale of Homes, Phase II Macey Second Addition DATE: May 28, 1981 Introduction Six homes are scheduled in the second phase of construction of Macey Second Addition, in 1981 . The following is an update of the current status of these units for construction. Background 1. Appraisals Goodwin units (4) and Pomije units (2) have all been appraised 2. Conditional Commitment for 235 Funding a. Informal commitment given by HUD Area Office for all six units. b. Request has gone to Washington for written commitment on all six units . 3. Current Status of Rules Change Rules change for 235 financing was legislated to go into effect in April of 1981 . Delay in drafting administrative guidelines has led local FHA officials to give oral but not written firm commitments to mortgage applicants submitted since the rules should have gone into effect . Closings on these cases cannot occur until the rules are drafted, which is now estimated by Washington officials to be sometime in July (although this is not guaranteed) . Local HUD officials indicated that builders are proceeding with construction based on the oral commitments , although there is a chance the sale of the homes will be delayed when they are completed. 4. Purchase Agreements a. Agreements have been executed on all four Goodwin units. Two agreements are contingent on the sale of a mobil home. There are five additional families on the waiting list for these homes . b. A family is lined up for a purchase agreement on one of the Pomije units , there is no one for the second unit . Status Report on Sale of Homes , Phase II Macey Second Addition G/ Page Two May 28 , 1981 5. Promotion of Remaining Pomije Unit - For family of five with $7200 for downpayment and closing costs a. An ad has been placed in the "Mint" to advertise this unit . b. News release has been sent to local paper and radio station. c. HRA can consider scaling down unit to two-bedroom single family and allocating to family of four expecting fifth member in August which now has purchase agreement on one of Goodwin units . Requested Action Authorize builders to proceed with construction after purchase agreements have been executed. JA/jms 31) MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: Disposition of Outlot B, Macey Second Addition DATE: May 27, 1981 Introduction Macey Second Addition has 22 lots and two outlots. Outlot B was platted to provide access to the garage of Mr. Larry Werner, 419 Minnesota Street (house faces Dakota) . The HRA now must decide on the disposition of Outlot B. Background As stated above, Outlot B was platted to provide access to Mr. Werner' s garage. However, the City will not necessarily deed the outlot to Mr. Werner, but can provide access to him with an ease- ment . In designing the plat , the City Engineer recommended that Outlot B should be deeded with Lot 1 , Block 1 , to provide a build- able lot by City Code. The City Planner and City Attorney concur with this recommendation, with the stipulation that Mr. Werner be provided an easement and the whole Outlot be available as a utility easement . (A main electrical pole is now located on this Outlot. ) Requested Action Direct the City Attorney to prepare the required easements for Mr. Werner and utilities , and authorize staff to transfer title of Outlot B to identified purchaser for Lot 1 , Block 1 , Macey Second Addition at the time said property is transferred. JA/jms AmmommilimilMM Z5C., MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: Change Order for Lot 1 , Block 1 , Macey Second Addition DATE: May 27 , 1981 Introduction The HRA has a contract for the construction of a single family home on Lot 1 , Block 1 , Macey Second Addition, with Quality Development, Inc. (does business as Joseph Miller Development) . A change order mutually agreeable to the builder and prospective buyer has been proposed. Background The original contract for the above-listed lot called for a detatched double garage pad. The prospective buyer, who is under purchase agreement and has bank approval requested the pad be attached to the house for the eventual construction of an attached two-car garage. The builder agreed to this change at a cost of $950, which covers the additional cost of required footings and a new curb cut . The buyer agreed to this cost change . In order to facilitate the construction schedule without calling a special meeting of the HRA, the work was initiated with the verbal approval of the Executive Director. To inform the HRA of this change and provide consistency in the contract docu- ments with the actual construction, the attached change order is submitted for HRA approval . Requested Action Approve Change Order No. 1 for Lot 1 , Block 1 , Macey Second Addition (407 Minnesota Street) authorizing garage pad to be attached to house with footings and a new curb cut at an additional cost of $950. JA/jms 401 CI1-7 TY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445-3650 10 CHANGE ORDER NO . 1 _ DATE June 2 , 1981 PROJECT NAME Lot 1 , Block 1 Macey Second Addi .Qn,._407 Minnesota St, DESCRIPTION OF WORK TO BE ADDED OR DELETED : Move garage pad to new location adjacent to home, provide required footings and provide new cut in street curbing ORIGINAL COST OF HOME $44,425,.15 ,___`_�` CHANGE ORDER NO . 1 ADD OR DEDUCT $950 (ADD) REVISED COST OF HOME $45 , 375. 75 The above described work shall be added to the Contract under the same conditions specified in the original Contract . I hereby agree to perform the work specified in this change order in accordance with the specifications , conditions and prices specified above . CONTRACTOR : BY : TITLE : APPROVED HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE BY: Chairman. Secretary The Heart of Progress Valley An Equal Opportunity Employer • 3d MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: Cost of Telephone Installation to Individual Homes Macey Second Addition DATE: May 27 , 1981 Introduction Two builders , Quality Development Inc. (Joseph Miller Construction) and Goodwin Builders , Inc. now constructing homes in Macey Second Addition have requested that costs of telephone installation be passed on to the eventual purchasers of homes to be built. Background Telephone installation in new construction homes has in the past been a "free" service of Northwestern Bell Telephone. Contractors could call and have an almost unlimited number of jacks installed at no cost prior to sheetrocking. With little or no prior announce- ment this policy was changed May 1 , 1981 . There is now an initial service call charge and an hourly fee for time spent in each unit. The actual fees can therefore be different for each unit and do not correspond directly with each "jack" or connection put in. The contractors of course did not build these costs into the home prices because they were not expected. Alternatives 1 . Require builder to absorb this cost . 2. Pass full cost on to buyers . 3. Split costs 50: 50 (or some other ratio) between builder and buyer. Requested Action Authorize staff to build verified telephone installation costs into home buyer' s purchase price . JA/jms MEMO TO: Members of the Shakopee Housing and Redevelopment Authority3e" FROM: Jeanne Andre, Executive Director RE: Release of Letter of Credit DATE: May 28, 1981 Introduction The HRA requires contractors selected to build homes in Macey Second Addition to have letters of credit on file with the HRA to guarantee that the work will be done . This is an informational memo to explain how the release of the letters of credit is to be handled under Phase I and Phase II contracts . Background A number of homes have already been built , and letters of credit released. In these previous cases the HRA Director released said letters of credit with direction from the Assistant City Attorney. The release occurred after closing on the property, at the request of the builder. In some instances the letter of credit expired after closing and did not need to be released. In new contracts recently executed for Phase II of construction, the terms of release of the letter of credit were clarified. Now such letters can be reduced to $10,000 at the time of closing, maintained for 92 days , and then released. It is my intent that letters of credit submitted under Phase I will be released as in previous cases. Those new contracts executed for Phase II will be administered under the new contract terms regarding letters of credit. JA/jms . - . . . 9c . --%x()4 1)u - wnop 1P13 ,'.. •., .: .- - :- ,-• t',w -- - -.., ' ''', i ' - l ), ,,1 % . 4!tin ',;1:..'"' 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I'h� ' n ri salt dui` progran( will provide new com �t� p Supp 4 'a ' '' missicners with basic information about public ho l,iri r h i t and MITI •'devt•lop ', °: r t ° orga �evl a �, ment activities; aalru7int them with their roll's and respunsihilities: provide the F'ull- : 1 Vit, opportunity for o Ien discussion and r '� ” 1 iucSlions cc,nr�crning the opportunities ' (Nan r liabilities,and challenges of being a con7missioncr. "S .fi r ‘...4k.,, s "; t s: r • Name 1tb A !LA r t i t ,.e,-.e., ,., itr •v v 'zt4,!'.."G µf r� ,n''° f .��4W $��1,'-.n''...'10', ,; M "'d rr a.'%.; fT ,':, , �'g'yI�L 1 4i s,t AJ{I'D('i :".,°;...11-' , t MEMO TO: John Anderson, City Administrator FROM: Jeanne Andre, Administrative Assistant RE: Consultant Contract for Cable Communications Franchise DATE: May 28, 1981 Attached is a copy of the proposed contract with Anita Benda for Consultant Services in the Cable Communications Franchise Process . The Ad Hoc Cable Communications Committee reviewed the contract submitted by Ms . Benda and made a few modifications . The attached contract has been changed to reflect the Committee ' s modifications , and is recommended to the City Council for approval . Requested Action Authorize appropriate City officials to enter contract with Anita Benda for consultant services in the realm of cable communications , not to exceed $2000 for tasks in preparing the Request for Proposals (RFP) and $6000 per cable company proposal evaluated . JA/jms PROPOSED• • CONTRACT FOR CABLE COMMUNICATIONS CONSULTING SERVICES This Agreement is entered into this day of 1981, by and between the City of Shakopee, hereinafter referred to as the CITY, and Anita Benda, 1402 Jefferson Avenue, St . Paul, Minnesota, 55105, hereinafter referred to as the CONSULTANT. Whereas The CITY is desirous of procuring a cable communications system to provide services to meet the needs of its residents, and Whereas, The CITY is desirous of using the services of the CONSULTANT to assist it in making policies , reviewing documents and evaluating proposals so as to secure the best possible cable communi- cations system for its residents: Therefore, the CONSULTANT' S and CITY' S duties, CONSULTANT' S compensation, timetable and other relationships are defined as follows. CONSULTANT'S DUTIES A . Franchising Tasks -- Request for Proposals (RFP) 1. The CONSULTANT will review the document developed by the Shakopee Ad Hoc Cable Communications Committee (Committee ) known as "Request for Proposals - Draft No. 2" and will submit in writing general comments and suggestions with regard to at least the following items or sections: filing and award fees, deadline for submitting applications, amendments to applications , applicant and public hearings, cable communications ordinance, channel capacity, underground cable, emergency alert, desired services, priorities for evaluating applicants, inflation rate to be assumed by applicants in preparing proposals, and rate regulation. 2. The CONSULTANT will present information and alternative actions for the purpose of leading to more specific requirements and desires for system services, design, construction and operation in at least the subjects of: initial service and line extension areas, con- struction timetable, two-way capability, letter of credit, perform- ance construction bonds, access facilities and support, subscriber service, institutional capacity, citizens advisory committees, regional interconnection, ownership, locally-generated automated services, use of franchise fee, and transfer of ownership. 3. The CONSULTANT will submit a list of suggested evaluation criteria to be used by the CITY in judging the proposals , and suggest how these criteria relate to the evaluation criteria and weights developed by the CITY. • -2- 6 4. The CONSULTANT will review demographic data (plat maps, population, number of households in single and multiple units, street miles, miles of electrical or other utility plant, and growth projections) developed by CITY for inclusion in the RFP. 5. The CONSULTANT will develop official application forms for all applicants to use in preparing proposals. 6. The CONSULTANT will review a final draft of the RFP containing requirements and desires for system services, design, construction and operation, evaluation criteria and priorities, application procedures, and official application forms, as prepared by CITY. 7. The CONSULTANT will participate in meetings and hearings regarding the RFP. The CONSULTANT will revise the document per CITY instructions following the meetings or hearings . 8. The CONSULTANT will review the draft ordinance prepared by the CITY or its agent to insure its compliance with the RFP. 9. The CONSULTANT will assist the CITY in responding to any inquiries from applicants regarding the RFP. B. Franchising Tasks -- Evaluation of Proposals 1. The CONSULTANT will conduct an evaluation of proposals sub- mitted to the CITY. 2. The CONSULTANT will prepare and present a plan to the CITY for seeking information on the applicants ' performance in other communities in which they provide cable service . 3. The CONSULTANT will present information to CITY and Committee regarding the important differences in proposals to assist in making their decision. The CONSULTANT will participate in meetings regarding the drafting of the final franchise ordinance . 4. The CONSULTANT will attend CITY and Committee meetings and hearings during which the proposals are being discussed. C . Procedural Duties 1. The CONSULTANT will consult with CITY staff to suggest CITY or Committee agenda items . 2. The CONSULTANT will provide two copies of discussion materials and documents to CITY. 3. The CONSULTANT will participate in meetings related to cable communications at the request of the CITY. 4. The CONSULTANT will supply information to the CITY' S legal counsel as requested. • -3- D. Supplemental Duties 1. Any additional work requested by the CITY that is not listed under one of the items will be classified as "Supplemental Duties" and 'will be included as part of this Contract at the request of the CITY and acknowledged by the CONSULTANT. CITY' S DUTIES A . Franchising Tasks 1. The CITY will follow the procedures for franchising a cable communications system outlined in the rules of the Minnesota Cable Communications Board. 2. The CITY will participate in policy discussions with CONSULTANT, and will receive and consider CONSULTANT' S suggestions with regard to the RFP. 3. The CITY will develop demographic data and maps as requested by CONSULTANT (plat maps , population, number of households in single and multiple units , street miles , miles of electrical or other utility plant , and growth projections) . 4. The CITY will issue standard forms which applicants must use in submitting proposals . S. The CITY will direct CONSULTANT to make necessary changes in the RFP as a result of meetings or hearings . 6 . The CITY will prepare a final draft of the RFP containing re- quirements and desires for system services , design, construction and operation, evaluation criteria and priorities , application procedures and official application forms , for CONSULTANT review. 7 . The CITY will distribute the RFP and will notify parties of the availability of the RFP. 8. The CITY will direct its counsel to consult with CONSULTANT in the development of the draft and final franchise ordinances , and to submit the draft ordinance to CONSULTANT for review. B. Procedural Duties 1 . The CITY will provide copies of all discussion materials and documents provided by CONSULTANT to its members. 2 . The CITY will designate one member of staff to work with and communicate with the CONSULTANT. 3. The CITY will furnish CONSULTANT with copies of cable communi- cations actions taken to date , ,such as reports from any citizens advisory committee , minutes of meetings , etc. • -4- � G✓ 4. The CITY will directly pay for advertisements or notices required in franchising process . 5 . The CITY will provide space and notice of meetings held in franchising process. The CITY may delegate some of these tasks to its Committee or staff. CONSULTANT'S COMPENSATION In consideration of the satisfactory performance of the CONSULTANT, the CITY agrees to reimburse the CONSULTANT on the following basis: 1. For actual time spent completing tasks outlined, except the applicant proposal evaluations, the CITY will pay CONSULTANT: a. 25 per hour, b. . 20 per mile travelled,.. c. 750 for the use of official application forms, and d. costs of typing services , postage and shipping, long distance telephone calls, printing, and other costs incurred in completing the tasks . 2. For costs incurred in performing franchising tasks related to the Request for Proposals, and all Procedural Tasks, the CONSULTANT' S billing for time and expenses will not exceed $2000. This figure includes attendance at a maximum of 2' meetings of the CITY or Committee . Should special circum- stances warrant, CITY may authorize CONSULTANT'S fees for time and expenses to exceed' $2000. 3. For costs incurred in evaluating applicants ' proposals . CITY will pay CONSULTANT for time and expenses incurred, with the total not to exceed $6,000 for each proposal. 4. CONSULTANT will bill CITY monthly through a statement listing time spent completing tasks and expenses. CITY will pay CONSULTANT within 45 days of receipt of statement. 5. For any supplementary duty performed by CONSULTANT as requested by the CITY, CITY will pay CONSULTANT: a. $25 per hour, b. $ . 20 per mile travelled, and c. costs of typing services, postage and shipping, long distance telephone calls, printing and other costs incurred in completing the tasks . TIMETABLE CONSULTANT will assist with arrangements for and participate in first meeting within 30 days of signing of this Contract . CONSULTANT will review RFP presented by CITY within 3 weeks of receipt . CONSULTANT will submit preliminary evaluation Yeport of applicants ' proposals within 12 weeks of closing date for applications . -5_ TERMINATION This Agreement will terminate following the award by the CITY of the franchise ordinance. It may be terminated by either party at any other time provided a fifteen day notice is given to the other party. In that case, CITY will pay CONSULTANT for time and expenses incurred to the date notice of termination is sent or received by CONSULTANT. SUBCONTRACTING -- CONSULTANT will subcontract ownership, financial, engineering, and technical review of applicant proposals to CTIC Associates, Inc. , Washington, D.C. CONSULTANT agrees not to subcontract other work elements without express approval of CITY. INDEPENDENT CONTRACTOR This Agreement is made with the CONSULTANT as an independent contractor and not as an employee of the CITY. HOLD HARMLESS It is mutually agreed that the CONSULTANT shall not be liable for delays resulting from causes beyond the reasonable control of CONSULTANT; that CONSULTANT has made no warranties , expressed or implied, which are not expressly set forth in this Contract; and that, unless due to CONSULTANT' S gross negligence or fraud, the CONSULTANT will not be liable for indirect or consequential damages, and CITY hereby expressly agrees to save, defend and to hold her harmless from the same except as herein so provided. NOTICES All notices, reports, correspondence, and payments are to be made to the parties as follows: THE CITY Attn: CONSULTANT Anita L. Benda Communications Projects 1403 Jefferson Avenue St . Paul, Minnesota 55105 CHANGE OF ADDRESS If any party should change its address or addresses as shown in' the above paragraph, it shall notify the other party of such change within 25 days of such change. I - -6- ENTIRE AGREEMENT This instrument constitutes the entire Agreement of the parties . It may not be changed orally, but only by written Agreement . IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF SHAKOPEE By Mayor City Administrator City Clerk CONSULTANT By Anita L. Benda Nr 4a, STATEMENT ON CONFLICT Of INTEREST CABLE FRANCHISE PROFESSIONAL SERVICES 1 . List here any previous reiationshiv with private cable operators including, but not limited to employment , contractual agreements , gratuities , on payments for any purpose : See a. %-c.tj IC .r- .0 - 11 1Q11 h A ). "re.a. ..4. 011ft.,. 2 . I certify that the above-listed activities accurately report all my previous relationships with private cable operators , that I anticipate no new relationships with cable operators during the term of my contract with the City of Shakopee , and that I foresee no past , current or potential conflict of interest which would interfere in my effectively completing the professional services contracted by the City of Shakopee . Signature 4rltiVe Be A Print or type name Date /— Subscribed and sworn to before me this ` 1981 . day of 1h1 % ' rifta'r Pu. ii SEAL: / CLIFTON A.GUSTAFSON / ti \ Notary Ran,se,County,Minn. Cwmm,ss on Expires iyni wu�� Aogust 5, 1983 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Prior Lake Spring Lake Joint Powers Agreement DATE: May 29, 1981 Introduction City Council , at its May 19, 1981 meeting, approved the format of the above mentioned agreement and directed staff to forward the proposed agreement to the Watershed District and the City of Prior Lake. Background The final agreement was typed and mailed Friday, May 22 , 1981 . The Prior Lake City Council discussed the agreement based upon the copy the Shakopee Council reviewed May 19, 1981 , and will act on the retyped final copy June 1 , 1981 . They will have a representative at the Shakopee City Council meeting June 2 , 1981 . The Watershed District will meet either Friday, May 29th or Monday June 1st to take final action on the agreement , and they too will have a representative at the June 2 , 1981 Council meeting. Summary After discussing the action taken by the City of Prior Lake and the Watershed District , City Council should be prepared to take final action on the proposed Joint Powers Agreement . If any Council member has a final question(s) he/she would like researched, please call me Monday so I can prepare the data and get it out to everyone Monday night . Action Requested Final action on the Joint Powers Agreement . JKA/jms May 2, 1981 Shakopee Staff Draft JOINT POWERS AGREEMENT AGREEMENT, made and entered into by rind between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation, ( "PRIOR LAKE" ) ; the CITY OF SHAKOPEE, Minnesota, a municipal corporation, ("SHAKOPEE") ; and the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, Prior Lake , Minnesota, a political subdivision of the State of Minnesota, ("WATERSHED DISTRICT" ) . WHEREAS, the Watershed District is presently engaged in the implementation of a project , identified as the "Lake Outlet Project, Number WD 76-4" , ( "Lake Outlet" ) , to construct an artificial outlet for Prior Lake for the purpose of draining water from Prior Lake and transporting such water to the Minnesota River; and WHEREAS, the plans and specifications for the Lake Outlet require the improvement of certain natural drainage courses and the construction of certain drainage channels within the municipal boundaries of Shakopee and more particularly described on Exhibit "A" , which is attached hereto and by reference made a part hereof; and WHEREAS, the temporary and permanent easements specified by the plans and specifications for the construction of the foregoing drainage improvements can only be obtained from the affected property owners with the cooperation and assistance of Shakopee; and WHEREAS, the drainage improvements and easement acquisitions contemplated by the Watershed District are of direct and immediate benefit to Shakopee because (a) the drainage channel improvements are in conformance with Shakopee ' s overall drainage plan in the area of the Lake Outlet ' s drainage route; (b) the easement to be acquired can also be used by Shakopee for public utility and right-of-way purposes, and; (c ) the channel improvements may reroute local runoff into Dean' s Lake and thereby supplement and increase the level of the lake; and WHEREAS, Prior Lake and Shakopee desire to assist the Watershed District acquire the easements necessary for the construction of the drainage channel improvements specified in the Lake Outlet plans and specifications, upon the conditions hereinafter set forth; and WHEREAS, the implementation of the Lake Outlet is of direct " and immediate benefit to Prior Lake because the improvements contemplated by the Lake Outlet are designed to reduce the impact of flooding on Prior Lake insofar as it affects the owners of property along the shore and within the established flood plain, and as it affects the capability of Prior Lake to provide essential municipal services during times of flooding; and WHEREAS, Prior Lake desires to be made a part to this Agreement to enable it to participate in decisions affecting the use and management of the Lake Outlet ; and WHEREAS, the parties hereto desire to enter into a joint powers agreement pursuant to Minnesota Statutes Section 471. 51, ( 1949, as amended) , upon the terms and conditions hereinafter specified; and WHEREAS, the Watershed District has authority under Minnesota Statutes Section 112. 43, Subd. 1(2) , ( 1955 , as amended) , to contract with other public corporations to effectuate the purposes of the Act ; and WHEREAS, Prior Lake and Shakopee have authority to engage in a joint powers agreement for utility and drainage purposes pursuant to Minnesota Statutes Section 412 . , ( 19 , as amended) . NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between tile parties hereto as follows : ARTICLE I STATEMENT OF PURPOSE Section 1. 01. General Purpose . The general purpose of this Agreement is to provide a format whereby the Watershed District can construct and operate an artificial outlet that can be used to drain flood waters from Prior Lake and transport them to the Minnesota River. The construction of the Lake Outlet requires the acquisition of easements in Prior Lake and Shakopee . Thereafter, the Watershed District must construct improvements to the drainage channel along the entire system. The portion of the drainage channel located in Shakopee is within an area which has been identified by Shakopee as -2- needing future capacity in excess of the levels projected by the Watershed District as being required for Bare and efficient operation of the Lake Outlet . It is the intention of the parties to this Agreement to establish a legally binding procedure for acquiring the necessary easements in Shakopee and to set forth conditions that must be fulfilled to construct and operate the necessary channel improvements . The Agreement shall specify the procedures and responsibilities for maintenance of the channel improvements and the conditions that must be fulfilled prior to actually re- leasing water from Prior Lake. The Agreement shall specify the responsibilities of the parties with respect to maintenance of the drainage channel and the additional uses that may be made of the easements by Shakopee . ARTICLE II ACQUISITION OF DRAINAGE CHANNEL EASEMENTS Section 2 . 01. Acquisition of Channel Easements . The Watershed District is authorized to negotiate for and acquire suitable ease- ments within the municipal boundaries of Shakopee for the construction of the Lake Outlet . In conducting the negotiations and/or condem- nation proceedings necessary for the acquistion of the required easements , the Watershed District shall comply in all respects with Shakopee Resolution No. 1643, entitled "A Resolution Adopting A Policy For The City Of Shakopee Concerning The Condemnation Of Easements And Land Needed For The Installation Of Public Improvements" . To the extent possible within the budgetary limitations established by the Watershed District for the Lake Outlet , the Watershed District shall also endeavor to acquire easements in dimensions required by Shakopee . The plans and specificatrons for the Lake Outlet shall specify the ultimate alignment and dimensions of the easements . Section 2. 02. Uses of and Title to Easements . The easements to be acquired by the Watershed District shall be for utility and drainage purposes over, under, and across the affected properties . The title to the easements shall be acquired in the joint names of the Watershed District and Shakopee . -3- 6 "'" Section 2 . 03 . Assistance by Shakopee . In the event that it becomes necessary in the opinion of the Watershed District to acquire the required easements by means of condemnation proceedings, Shakopee shall cooperate with and assist the Watershed District in pursuing condemnation. In that event , all legal proceedings shall be brought in the joint name of the Watershed District and Shakopee by the Shakopee City Attorney in accordance with Shakopee Resolution No . 1643. Section 2. 04 . Easement Acquisition Costs . All costs or expense necessary and incidental to the acquisition of the ease- ments shall be the responsibility of and borne by the Watershed District . The costs for which the Watershed District shall have direct and exclusive responsibility shall include without limitation all costs related to the acquisition of the easements , legal fees , court costs , appraisal fees , survey fees, abstracting fees, and recording fees . The Watershed District agrees to indemnify and hold Shakopee harmless from any and all liability of any nature arising from, and for all cost and expense relating to the acquisition of the easements . Section 2 . 05 . Payment of Easement Acquisition Costs . The Watershed District shall pay the easement acquisition costs on or before 30 days following receipt of the proceeds from the sale of the municipal bonds used to finance the Lake Outlet in the event that the contracts for the improvements are let and the work on the improvements proceeds . In the event that the Watershed District elects either not to let contracts for the improvements or elects not to let contracts for the improvements or elects not to commence work on the improvements, the easement acquisition cost shall be paid on or before 30 days after receipt of the reimbursement funds received from Scott County in accordance with Minnesota Statutes Section 112 . , Subd. ( ) , (1955 , as amended) . The District agrees to indemnify and hold Shakopee harmless from any costs or expenses related to easement acquisition. -4- ARTICLE III CONSTRUCTION OF LAKE OUTLET Section 3 . 01. Obligation of Watershed District . The construction of the Lake Outlet including without limitation the construction of all channel improvements appurtenant thereto shall be the sole and exclusive responsibility of the Watershed District . Prior to the commencement of construction, the Watershed District shall obtain all permits and approvals required by any governmental unit having jurisdiction over the Lake Outlet improvements including without limitation permits from Shakopee , the Lower Minnesota Watershed District , the Minnesota Water Resources Board, the Department of Natural Resources, the Environmental Quality Council and the Metropolitan Council. Section 3. 02. Plans and Specifications for the Lake Outlet Improvements . The Watershed District shall design the Lake Outlet improvements to conform with generally acceptable engineering specifications . The Watershed District shall furnish Shakopee with complete copies of the plans and specifications for the Lake Outlet improvements certified to by the Watershed District ' s engineer. The City of Shakopee shall approve all such plans and specifications as they relate to improvements to be placed within the corporate limits of the City of Shakopee . The Watershed District ' s determination on questions of design shall be conclusive as to the parties to this Agreement . Section 3. 03 . Payment of Lake Outlet Construction Costs . All costs or expenses incurred to construct the Lake Outlet improvements shall be the responsibility of and borne by the Watershed District . The costs to be paid by the Watershed District shall include with- out limitation all direct construction costs , engineering fees, legal fees, administration expense and permit application fees . The Watershed District shall indemnify and hold Shakopee harmless from any liability for any cost or expense incurred in constructing the Lake Outlet improvements. -5- Section 4 . O1. General .ARTICLE IV OPERATION OF LAKE OUTLET (a) Water shall not be released from Prior Lake by opening the main Lake Outlet gate at any time when such discharge would jeopardize the health, safety or property of the residents or property owners of Shakopee . (b) The determination of when and to what degree such jeopardy has ceased, or has been reduced to the extent that the discharge of water from Prior Lake may commence, shall be made jointly by the engineers of the Watershed District , Shakopee and Prior Lake in accordance with the following procedures : ( i) An inspection shall be made to determine the depth and velocity of the flow at various locations in the drainage channel. ( ii) The available capacity in the drainage channel shall be determined by using Manning' s equation for open-channel flow. All calculations shall be performed by the Watershed District ' s engineer and shall be confirmed by the engineers of Prior Lake and Shakopee . (iii) The "available capacity in the drainage channel" shall be defined as the calculated maximum rate of discharge at which the Lake Outlet can be allowed to operate without resultant damage to the drainage channel or to adjoining properties . (c ) After the available capacity in the drainage channel has been determined by the engineers of the Watershed District , Prior Lake and Shakopee , the main Lake Outlet gate may be opened subject to adjustment so as to release water at a rate that will not exceed the available capacity in the drainage channel. Section 4 . 02. Notice to Shakopee of Intent to Open Main Lake Outlet Gate . Prior to the opening of the main Lake Outlet gate and the release of water from Prior Lake , the Watershed District shall give Shakopeeno less than 24 hours ' advance notice in accord- ance with Section 12. 01. Section 4 . 03. Inspection of Drainage Channel . (a) Prior to the opening of the main Lake Outlet gate and the release of water from Prior Lake, the Watershed District shall inspect the drainage channel to insure the free flow of water for the anticipated rate and duration of the release period and to determine -6- the available capacity in the drainage channel in accordance with Section 4 . 01(b ) . Notice of any such inspection shall be given to the engineers of Prior Lake and Shakopee and either City may elect to have a representative present for any inspection. In the event that the inspection reveals that repair or maintenance is required to insure the free flow of water through the drainage channel, the party having responsibility for such repair and main- tenance in accordance with Article VI shall promptly perform such repairs or maintenance so as to prevent any undue delay in the release of water from Prior Lake . In the event that such repairs are not promptly undertaken by the responsible party, the Watershed District shall have the right to perform, or cause to be performed, the repairs to be made after 24 hours ' notice and to recover the costs pertinent thereto from the responsible party . Daily inspection of channel conditions shall be made by the District during lake outlet drainage rates exceeding 20 CFS. In such event , the responsible party shall reimburse the Watershed District upon due demand therefore for all sums paid , or for the fair value of any work performed, by the Watershed District in connection with such repair or maintenance . In addition thereto, the Watershed District shall perform daily inspections of the drainage channel conditions during times that water is being released from Prior Lake at rates exceeding 20 CFS. (b ) After the main lake outlet gate has been closed and the water in the drainage channel has receded , the Watershed District shall make an inspection of the drainage channel to determine whether it has been damaged by the flow of water from Prior Lake. Notice of any such inspection shall, be given to the engineers of Prior Lake and Shakopee and either City may elect to have a repre- sentative present for any inspection. In the event that the inspection reveals that repair or maintenance is required to insure the free flow of water through the drainage channel, the party having responsibility for such repair and maintenance in accordance with Article VI shall promptly perform such repairs or maintenance so as to prevent any undue delay in the release of water from Prior Lake. -7- (c) The inspection requirements set forth in Sections 4 . 03(a) and (b) constitute the minimum obligation of the parties; and any part to this Agreement shall have the full right to make such additional inspection of the drainage channel as it may deem necessary, with or without notice to any other party. (d) Written reports of all inspections shall be made by the inspecting party and shall be forwarded to each of the other parties . Section 4. 04 . Operation of Dean' s Lake Diversion Structure Gate . (a) The Watershed District shall have the exclusive authority for the operation of the Dean' s Lake diversion structure gate except as otherwise provided in this Section 4. 04 . (b) The normal position of the Dean' s Lake diversion structure gate (that is , the position of the gate during times that water is not being released from Prior Lake ) shall direct the flow of runoff through Dean' s Lake . Nevertheless, the Watershed District agrees to comply with reasonable requests by Shakopee to divert normal runoff through Dean 's Lake; provided, however, that such request shall be made to the Watershed District in writing and shall be accompanied by the Agreement of Shakopee to indemnify and hold the Watershed District harmless from any liability for loss, damage and cost , including without limitations reasonable attorney ' s fees , resulting from the diversion of runoff through Dean' s Lake pursuant to the request of Shakopee . (c ) During the periods that water being released from Prior Lake is flowing through the Dean ' s Lake diversion structure, the diversion structure gate shall be positioned so as to divert all runoff through Dean' s Lake . However,, in the event that the diversion of runoff into Dean' s Lake is causing or creates an eminent danger to private property, Shakopee shall have the authority to abate the flow of runoff into Dean' s Lake by repositioning the diversion structure gate to direct all or part of the runoff to the existing natural drainage route. Shakopee shall give the Watershed District prior notice of its intent to redirect the flow of runoff by adjust- ment of the diversion structure gate . -8- Section 4. 05 . Additional C Conditions onditions Imposed Upon the Watershed District . The Lake Outlet will be operated in accordance with the terms and conditions of the permit issued by the Minnesota Department of Natural Resources . A copy of the permit is attached hereto as Exhibit "B" , and by reference made a part hereof. ARTICLE V USES OF DRAINAGE CHANNEL Section 5. 01. Permitted Uses by Watershed District . The Watershed District shall use the drainage channel for the purpose of draining water from Prior Lake and for no other purposes . Section 5. 02 . Permitted Uses by Shakopee . Shakopee reserves the right to use the easements obtained by the Watershed District in connection with its overall drainage plans as they are from time to time developed by Shakopee . In the event runoff in Shakopee results in or causes the need for expansion of the design capacity for the drainage channel , Shakopee shall make or install all improve- ments necessary to increase the capacity of the drainage channel to handle the increased flow. Any such improvements shall be made at the sole cost or expense of Shakopee ; and Prior Lake and the Watershed District shall be indemnified and held harmless from any and all liability for such cost or expense and for such increased flow. Section 5. 03 . Additional Authorized Shakopee Uses . Shakopee may use the easements without termination of this Agreement , for the installation, operation and maintenance of public services and • utilities to include without limitation public streets, sanitary sewer, water, storm sewer, electrical and natural gas . In no event shall such uses interfere or otherwise restrict the drainage function of the channel . All cost or expense to install, operate and maintain such utilities and any damage to the channel resulting from such installation, operation and maintenance shall be borne by Shakopee and both Prior Lake and the Watershed District shall be indemnified and held harmless from any liability therefor. -9- ARTI MAINTENANCE OF CLE DRAVINAIGE CHANNEL Section 6. 01.ioObligation of Watershed District to Provide Initial Constructn Warranty for Drainage Channel Improvements . For a period of three (3) years following completion of the improve- ments made to the drainage channel as part of the initial construction of the Lake Outlet , the Watershed District shall have the sole and exclusive obligation to stabilize the channel bank and restore any damage to the drainage channel or adjoining property resulting from the initial construction work. In addition, any work performed by the Watershed District during the foregoing three (3) year period to repair, replace or correct defects that arise out of or in connection with the initial construction work shall be similarly guaranteed for an additional three (3) year period from and after the date of such repair, replacement or correction. Section 6 . 02 . Obligations of Watershed District to Contribute to the Routine Maintenance of Drainage Channel . (a) In addition to its obligations to provide construction warranties pursuant to Section 6 . 01, the Watershed District shall have a continuing obligation throughout the entire term of this Agreement to contribute to the cost incurred for the routine maintenance of the drainage channel . The amount of the Watershed District ' s contribution to the routine maintenance of the drainage channel shall be determined as follows : ( 1) Before the time that Shakopee alters or otherwise makes use of the drainage channel in connection with its overall drainage plan or in connection with the installation of public services and utilities , the Watershed District shall have sole and exclusive obligations to perform and pay the cost of all routine maintenance to the drainage channel. " (ii) After the time that Shakopeee modifies the drainage channel in connection with its overall drainage plan or in connection with the installation of public services and utilities , the Watershed District shall have the sole and exclusive obligation to perform and pay the cost of all routine maintenance to that portion of the drainage channel lying southerly of Dean' s Lake (including the Dean' s Lake diversion structure ) ; provided, however, that at such time as there exists a continuous flow of water between the main outlet structure on Prior Lake and State Highway No. 101, the Watershed District shall have the sole and exclusive obligation to perform and pay -10- the cost of routine maintenance for the entire drainage channel . In no event , however, shall the Watershed District have any responsibility for loss or damage to any public services or utilities installed or maintained in the drainage channel easement by Shakopee . (b ) In addition to the continuing obligations of the Watershed District to contribute to the routine maintenance of the drainage channel, the Watershed District shall have the obligation of inspecting the drainage channel before and after releasing water from Prior Lake and shall repair any impediment to such discharge before releasing water and restore any damage caused to the drainage channel by such discharge thereafter. The post-discharge inspection shall be made as soon as practical after the discharge has ended. Any emergency restoration work as evidenced by the inspection shall be made as soon as practical after the discharge has ended. Any emergency restoration work as evidenced by the inspection shall be completed within a time frame consistent with the severity of the damage caused and such other physical and weather conditions that may bear upon the work to be performed. In no event , however, shall the time frame for completing permanent repairs exceed one ( 1) year from the date that the discharge causing the damage was ended. Section 6 . 03 . Obligation of Shakopee to Contribute to the Routine Maintenance of Drainage Channel . (a) Before the time that Shakopee modifies the drainage channel in connection with its overall drainage plan or in connection with the installation of public services and utilities, Shakopee shall have no obligation to contribute to the cost of the routine maintenance of the drainage channel. (b ) After the time that Shakopee modifies the drainage channel in connection with its overall drainage plan, or in connection with the installation of public services and utilities, and except as otherwise provided in Section 6 . 02(a) (ii) Shakopee shall have the sole and exclusive obligation to perform and pay the cost of all routine maintenance to that portion of the drainage channel lying northerly of Dean' s Lake . -11- --:--- ' ' 'm 'n, , Imn .ImMlM.I.°l.l.I..l.MMl.MlM.M..MllI..I.1l opportunity to present , to the fullest extent possible , the essence of their position to a qualified arbitrator and yet at the same time receive a knowledgeable decision, form a person having sufficient technical experience and expertise, within the shortest possible time . Section 8. 02 . Procedure for Resolving Disputes . All disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with Minnesota Statutes Section 572. 08 (c ) , ( 1957, as amended) , the Minnesota Uniform Arbitration Act , and the following conditions : (a) The dispute shall be heard by a board consisting of three (3) arbitrators . The Watershed District and Prior Lake shall appoint one (1) member to the Board. Shakopee shall appoint one ( 1) member to the Board. The third Board member shall be appointed by the members previously appointed by the parties . (b) The election to arbitrate a dispute shall be made in writing, duly served upon all of the other parties in the manner provided herein for notices . (c) The hearing before the arbitrators shall be held within five (5) days after service of the election to arbitrate, unless otherwise agreed in writing by each of the parties . (d) The decision of the arbitrators shall be rendered not later than seven ( 7) days after service of the election to arbitrate, unless otherwise agreed in writing by each of the parties . Section 8. 03 . Enforcement of Award. The award of the arbitrators shall be enforceable by any district judge of the First Judicial District of the State of Minnesota. ARTICLE IX AMENDMENT Section 9. 01. Amendment . Any amendment to this Agreement shall be in writing and duly executed by each of the parties. Any amendment shall be effective from and after the date that it is recorded in the Office of the Scott County Recorder. -13- ARTICLE VII INDEMNIFICATION Section 7. 01. Indemnification of Shakopee and Prior Lake by the Watershed District . The Watershed District shall indemnify and hold Shakopee and Prior Lake harmless from any and all liability, cost or expense, including without limitation reasonable attorney ' s fees and court costs , arising out of or in connection with the construction, improvement , use and maintenance of the drainage channel by the Watershed District . Section 7 . 02 . Indemnification of the Watershed District and Prior Lake by Shakopee . Shakopee shall indemnify and hold the Watershed District and Prior Lake harmless from any and all liability , cost or expense , including without limitation reasonable attorney ' s fees and court costs , arising out of or in connection with Shakopee ' s improvement , use and maintenance of the drainage channel and the drainage channel easement . Section 7. 03. Insurance and Evidence Thereof. Each of the parties to this Agreement shall provide on the demand of the other, evidence that the risks covered by this Article are insured through an insurance company licensed to do business in the State of Minnesota by a policy or policies having minimum per occurrence limits of Three Hundred Thousand ($300,000 ) Dollars . ARTICLE VIII RESOLUTIONS OF DISPUTES Section 8. 01. Policy for Resolving Disputes . The parties to this Agreement acknowledge that if disputes do arise over the construction of this Agreement , or over the rights and obligations of the parties hereto , such disputes will, in all likelihood, affect substantial rights with respect to the health and safety of the persons and property of the citizens residing within their respective jurisdictions and will further arise under the time frames that do not allow for extended investigation of or negotiations regarding the relative merits of the respective position to the dispute . Therefore , the following procedure for resolving disputes has been implemented to give each party to this Agreement the -12- s ir ARTICLE X TERMINATION Section 10 . 01. Perpetual . The duration of this Agreement shall be perpetual , or until otherwise expressly rescinded or terminated by the parties . Any such agreement of rescission or termination shall be recorded in the Office of the Scott County Recorder. ARTICLE XI DISTRIBUTION OF PROPERTY Section 11. 01 . Distribution of Property Generally . In the event of the rescission or termination of this Agreement , all property or surplus monies acquired as a result of the joint exercise of powers provided for herein shall be returned to the contributing party in proportion to the contribution provided for by the respective party . Section 11. 02 . Title to Easements Upon Termination. Upon termination of this Agreement , the Watershed District shall convey to Shakopee, all of its right , title and interest in that portion of the drainage channel lying northerly of Scott County Road 16 and within the municipal limits of Shakopee . ARTICLE XII MISCELLANEOUS Section 12 . 01. Notices . Any notice required to be given or submitted under this Agreement shall be duly given if delivered personally or if mailed, by certified or registered mail, postage prepaid, addressed to the parties at their respective addresses specified below, or to such other address with respect to any party as such party shall notify the others in writing. If to Prior Lake : (Name) City Manager 4629 Dakota Street Southeast Prior Lake , Minnesota 55372 If to Shakopee : (Name ) City Administrator 129 East 1st Avenue Shakopee, Minnesota 55379 -14- If to the Watershed District (Name) Staff Administrator 4690 Colorado Street Prior Lake, Minnesota 55372 Section 12. 02 . Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the legal successors and assigns of the parties . Section 12 . 03 . Construction. This Agreement shall be construed in accordance with the law of the State of Minnesota. Section 12. 04 . Definitions . The terms defined in this Section 12 . 04 (except as may be otherwise expressly provided in this Agreement or when the context otherwise requires ) shall for all purposes of this Agreement have the following respective meanings : (a) (b ) (c ) (d) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of 1981. CITY OF PRIOR LAKE By : Its : And: Its CITY OF SHAKOPEE By: Its And : Its : _15_ f , imme PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT By : Its : And: Its : STATE OF MINNESOTA) ss COUNTY OF SCOTT ) On this day of , 1981, the foregoing Joint Powers Agreement was acknowledged before me by and , the and , respectively, of the City of Prior Lake, a municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA) ss COUNTY OF SCOTT ) On this day of , 1981, the foregoing Joint Powers Agreement was acknowledged before me by and , the and , respectively, of the City of Shakopee, a municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA) ss COUNTY OF SCOTT ) On this day of , 1981, the foregoing Joint Powers Agreement was acknowledged before me by and the and , respectively, of the Prior Lake-Spring Lake Watershed District , a political subdivision of the State of Minnesota, on behalf of said district . Notary Public -16- • MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Old Waste Water Treatment Plant (WWTP) DATE: May 27 , 1981 Introduction At its March 3, 1981 meeting, City Council voted to table the reacquisition of the WWTP primarily because Council did not want to be left with a maintenance responsibility should we not find a buyer. Background Wally Bakken has informed me that he will definitely purchase that portion of the old WWTP that the Metro Waste Control is willing to return to the City. To accomplish this and insure that the purchase goes through, the City Attorney has suggested that Mr. Bakken deposit with the City a check for the acquisition before the property is transferred to the City from Metro Waste Control : Mr. Bakken intends to use the property as part of his recreational center plans . Procedure 1 . The City must determine a value for the property. The City Assessor has reviewed the apprasail done by Frank J. Wicker for the earlier transfer (Stage 1) and finds that a new one is required for the property in question. Appraisal for the City required, paid for by Mr. Bakken. 2. Mr. Bakken must deposit a certified check with the City for the purchase price. Check required. 3. The City must formally request the Stage 2 land transfer of George Lasher, Chief Administrator, Metro Waste Control . Formal request required. 4. Upon receipt of the land from Metro Waste Control (letter attached) , the City must determine (find) that it no longer needs the property for public purposes. Resolution required. 5. The City can then turn the deed over to Mr. Bakken and deposit his check to finalize the transaction. Action Requested 1 . Approve the general concept of the transfer and sale of the old WWTP property to Mr. Bakken as outlined in steps 1-5 above. 2 . Pass a motion to employ Frank J. Wicker for a Stage 2 appraisal , said appraisal to be paid for by Mr. Bakken. JKA/jms s:'ETROPOLITAn ',Of1TROL I:0E?lfl`ilif1011 _ RECEIVED C 6 G MAY 71981 May 4, 1981 CITY OF SHAKOPEE City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attention: John Anderson, City Manager Re: 2nd Stage Reconveyance of Part of the Land Containing the Old Shakopee Treatment Plant Dear Mr. Anderson: In September of 1980 the MWCC reconveyed a 0.259 acre parcel of the old treatment plant property to the City of Shakopee in accordance with MWCC Resolution No. 79-13 (Business Item "F") as approved 1/16/79 (copy attached). " This first step reconveyance was done in order to accommodate an access road from Bluff Avenue to the Wallace Bakken property easterly of the old plant site. We still own a 2.077 acre parcel of which we must retain 0.41 acres for the site of the now existing sewerage pumping station (L.S. No. 16) . The peripheal parcel of 1.667 acres is no longer needed for the metro- politan disposal system and is intended as the Stage 2 reconveyance to the City of Shakopee. We will , however, retain an easement in the name of the MWCC for the 1.088 acre area which contains the flood wall that surrounds and protects the old digesters, the 0.41 acre area on the attached sketch, and our lift station No. 16 building. There has been some discussion relative to Mr. Bakken purchasing our excess 1.667 acre parcel directly from the MWCC. This is not feasible because of the many complications on this particular site. We would have to have the property appraised and then have the Metro Council and the MWCC approve the selling of the land by taking bids. Also the existence of the dike and the necessity to retain that easement makes the situation especially unique. My calculations for the land value credit or cash payment necessary to the MWCC pursuant to Business Item "F" and to Minnesota Laws of 1969 Chapter 449, Section 5, Subdivision 4 (our payment to the City in 1971) is as follows: (a) Stage 1 transfer in 1980 of 0.259 acres prorated against the total 2.336 acres was $526.19. (b) Stage 2 transfer (proposed for 1981) would be 1.667 acres prorated against the total 2.336 acres or $3386.72. 350 METRO/QUARE BLDG. 7TH&ROBERT/TREETI /AI(1T PAUL mn 55101 612,222.6423 Mr. John Anderson, City Manager City of Shakopee May 4, 1981 Page Two The next step necessary in order to initiate the Stage 2 land transfer is for the City of Shakopee to make a formal request to our Chief Administrator George Lusher asking for the reconveyance of the excess 1.667 acres and attaching the proper descriptions for both the 1.088 acre dike area and the 0.579 acre greenhouse and digester building area. If the City Council gives approval to proceed with the Stage 2 land transfer then I believe it would be desirable to have another meeting in your office with myself, our Attorney, Robert Lindall , Mr. Wallace Bakken, and your Engineering staff to iron out the details of the access road to the Bakken property and to our Lift Station No. 16. Very truly yours, Wayne E. Sweet Staff Engineer WES:hw Attachments cc: George W. Lusher, Chief Administrator Bernard J. Harrington, Director of Engineering Ken Bombach, Staff Engineer Dick Berg, Comptroller Robert Lindall , Attorney for MWCC 1 • • \i/ ...�� • o n •! • •O 1 M •/ \ • . •• 11 V_ , .. y N \• \ \ •1 :, m .. y 1- • • • �� 0 Z • .3: I .. . \. .. c •I. ._. r.-ss • ., t #`. \ . � ' :os•.i . C7 b'DH ` I- I `O ,n v - 77VHJ. b'IN - > w F- ' ti� e Z (1) I 1 1 2z. • --- ,..'' . \,. . • L1 , 3,t,0 /S/I 1'7 �,s yO �/. 3ry / •.lh--! . _ iMS 3N, .- • 1 I- 30D `I --- `i `.292.57 \� ; 1 .• . 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PiltR:•0r1, LAYfl SNa'vEY00 iil:::a:9'A R(GISlr.Allflh( . 12290 • • -i • SCALE 1 INCH a 50 FEET - l 1 HEARINGS ;RNA ARE HASID On AN 1 fel / t: t:3 )'/`' • t)a14 L : 'Z a DEtgIts IRl`a 0)14 10 0,7747E '' '• el f J w REGISTRATION NO. 1129° .. ,',L^).y_ 477 ^� . DEVOTES rOCan IRON i'utioI ' Ada,`�!. .,i,�c'.�� .�� t _ e t r zs e - l `• t.• d c • SLUFF .v .r• 4i twig'), )2 E 14°p0 vaOvoEt`.!>aIVFN.IY jASEI{Q (lei wtoE AV`- 1°E i 1, A R•<r1<tuni e•scr•'nl for driveway p• .r Tows o,•er snA ac ante l that Pact of Ccvcr"oant Let S. Section 0. Township 11S. �� --1 sang• 71, frost County. Minnesota described se Tollersa • 1 I % Cet..enc{ng •t the southwest teener •f ase falls.est CC. • of the Northeast Qu.ct•t of saidSection 0: 1 �- • 'Nattereon an •°earned bearing of teeth 0 7 •i t+tt IS seconds Vest along the wttat ly IIM of n 7). .11 1... s.ld Southwest Quarter •I' the Northeast Q"rl wt-•(- ��� dlta•nt• of 1770.14 feet to ahs northerly 1 In Q M• No. 1014 thOCCO worth.71 (Y.3450 y line of lttetl NIg y fit•.:••. 11 _' Ydegrees IS iinut es 7. attendsano test st•ncenef 1.0,44 ;.� ' � �. wttattly right-•f-t 7 \:...............,.....-"'"r-'. t•eti thence Ner the U degrees 31 .Inut•M !W 0°'•'ft • _:.' - ' Nest •ditt•ttt of 294.00 ft•ts •Mott roe 7S . war"'17 •er•nJ•west •�iesat.l et Na.. i�w . .i• I 4ttt • point of ►••i molt a . 7,•. w7w t:' I� ))")/ tete L• LN eoson.nt to be i• e•eer tMwcg Norah U e..gsae• .,...."1:. T Sl outages 71 seconds ds Cost a reet distance )7.16 ',stood* NOV`7 r, K H fest) aMtcg four" g 3) l0 I. •M'�r p N west • distance So of 14.45 toot: thence see ` f T R d. revs S) w.wuae• 71 eocowds west •dieaar.,e / ; \ ST Al�• of g 14.110 feet to the •,tettrctieawith e wwith 171•~ ' 0 J that bears Worth it d•9 of et Int l 117 I P N �� seconds Wort flaw s•.. YoSnttnfieM9es 11 teeena$ .- test[• South 0S degrt • I • tn. �- /''/� Lasa a distance of )0.0) feet to said pint • p of N91n«M1• • t 2 yM F r- 9�.:at .. .w ptwlPOf.�(ti�P..12./..4. t.-1V12 1lltiLY�►sEEty?(�� • •- y,res ova[ 7• • A p.rpstu•1 assonant for eta lease and rr g.cil~eer�• Town- .. 4y a.ent Let S. • and i •Iron that part et t Cera Ninneset•described at 1,, i1...7P.16..areTtr.� r. ship 11S. Range 71. Scott County. : •::1 in[f 72 T follwo i•, Co...ene1M •t the soathtest cornet W the Soutttttt Ouartet of of said Section fa thence an an saeete1f 1 Hering of worth 0 degree• 02 .111M •[ t sal• Ven along the 7 1 r(R PFION said loath...et Qu• f the of the No lice•of _ vaot�sED lEr•4�4(- ! a elsuntg of 1711.14 ata to the northerly%e rightof 1270 I'M et (sate ee.eannena Lot S. Section I. Te.nsw 1p 11S. tlehno9 he. 1•rI thence Worth 11 f it.tttt• 1 That Tart •t yl nnetntt. A eeA as follwtt Scott County, nae of awe IS whertrs 10 tscone• (ast line o di stents Range II. at tar sawtheesa we ttar ISr thirty r ightecInd•y 1 Cor-ewer,• rtes of the Northeast M• of 770.71 testi awe^ctwest ts ft• distance e• South-tat W" an attuned )( 370.7'• at •trowel• of said Section. •l fo thence en lot of beginning bearing of north • negates 01 «hoar• IS •( 274.40ntert to tee N Best stool rho tetter ly fine of of 774. r •eet^t to be dente b, inning seconds saidtb seconds Ort leve tt Quartet of the fretethta•t North 77 delft°, 71 ml seconds shed ort of 1116.04 etoStet* a distance of 71.07 feel) awe'^!t welt • r7w.arter • distant bt oI-u•y line o[ grttl 10 degrees )S •iwaet ISt •:con South 11 the northerly rig [ SS.7h feet; thence •o. III; ancnce »ortw 11 degree• d •r' di Vtn • Nls^v•Y As fast •long '+•e ' de9rtee 71 »)711 feet, •ached+ of 01 77l. seIcontint • d.J•J.1:er •7 die ( )1,t) tett: thence South northerly ril',atef'Vey lire II .genre'• :1 •rete.•• test 16 dist..••,• f0 deletes )4 e! of )90,77 feet: o Chet prat I a distract et 45.11 feet to the Intersection tea re • c t•'^•^1 with • Riese that bears North 04 oglees of of 17,..40.feet to the point of c.a•1 •ale Po ^A to k Javttt rd: is OT Y•ertw •i•.te• la seer es halt fs.^ I of tat s• 4.t• 17 s.�a-•7♦ oath • N Il.n:wg: twrwtr South N de)rees 7S.t^••tre 7t Ares 14 71 t• • ewer. S I) etco•.ea felt a datt•net of 11.21 fret 41st+act of 140.0• fa-l: al ^ e to etla point of Irtginw{ng. n+tat re : Own t..•h °°^ares 11 ^. -- dstt•ncr of SSJ`eQ/7a•erweJt•s.ett o 111 dist° s 7f a;LI.4) fa^t to the insettrttlow _ �_ . d�thr✓t et twat bears -:erg's IS Ary•ert _ - INC with a liar ,tar hest (r._ v.44 ��^t rwe•.r,t »e boa rr.cr JAMES R. HILI( 7S •i^ar rs sa • inr. S+.tt II [-Tae r• of vel^wl t': est rasa • J•+t...•<s of iaf sl fMfs 2/1 rl.,.rt 1I ` Ina of t.a.....wg. p1II»r,rf /En'�MwCrf/Snrveyi (ort to satdo l••' seas M.) •.-.« 0s.+ • ■ • ____ u; ^__X _ / '6S • 1A;: T' • . / - . 7 9 ".-- ..... / ./, •-• , • Z 3 ; 0 /cv � ▪ ,. • 1) r-- / ,� • 111 0 • I•1 •.'0. 4110 Oi 't. • — •,........77_______________:_.... ..i• , - ..ici„.:..-•:.. .. I- .:,..-...-.; - • .- • • �_. ... - rot -'.a`!, 1 :..:.._,!1 I+..++ „....••,..!...8 .. / / � — rr a ..t'� f,• .• • 1. , �A 1 �. 11 •/ •-. • J • • ` _1 .r' I. ` • • .` 1� . -1r r i..7..•.:. +.� / �� _`_ , — .••••;;i... .-k-.r ,� 'eG.r,• a, • +•- •; •1 •/ /' — r i.. I •. Y. 1` =4 .•yam /f r• •. .•• - 1 .,,,.... , • r. 1 ,;. i . • • .. • ' - / / ININER 4C-:7 MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Reverse Referendum to Increase the Levy Limit DATE: May 12, 1981 Introduction: The statutes provide for a referendum or a reverse referendum to increase the levy limit base. The City of Shakopee is eligible to use either unless the legislature acts to change the current criteria. Background: 1. A direct referendum may be used to increase the levy limit either by the per capita base or by a set dollar amount. The notice must state the purpose for the increase, and if a dollar amount is used , then maximum yearly amount. 2. A) A reverse referendum may be used for a base increase of 10%, or more than one increase with a cummulative maximum of 10%. Previous year levy must be 98% of limit (Shakopee 98.8%) and the process must be complete by October 1st. B) Process: The amount must be determined and then pass resolution setting hearing. Notice of hearing must be published for four weeks. Hearing is held and course of action determined. Resolution passed setting action and published. Waiting period of 30 days in effect following publication to wait for petition of 2,000 voters or 5% of votes cast in last general election (whichever is lesser) . If no petition, resolution is final. If petition received, must give notice and hold referendum election. The levy limit base for 1980/81 was $997,780. The census figure was lower than Met Council's population estimate so Shakopee will not have an increase in levy limit base due to population growth but will have an 8% increase. The final result of 1981 tax laws probably will not be known until after the time when the referendum process needs to be initiated. Alternatives: 1. No referendum - stay with 8% increase or whatever develops out of legislature. 2. Direct referendum - sometime this summer. 3. Reverse referendum - direct staff to prepare to initiate process. GV/ljw 6' Ct RESOLUTION NO. 1854 A RESOLUTION PROPOSING TO EXCEED TAX LEVY LIMITATIONS WHEREAS , projected revenues for the City of Shakopee are less than projected costs of needed and desired services , and WHEREAS, it appears that property tax levies above the statutory levy limitation are necessary to provide needed and desired services , and WHEREAS, Minnesota statutes provide that a City may exceed the levy limitation by the revenue referendum process . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE that the City proposes to exceed the levy limitation by an amount not to exceed 10% of the levy limitation or approximately $100,000. BE IT FURTHER RESOLVED THAT a public hearing will be held at 7 : 30 p.m. on July 14, 1981 at City Hall , 129 East First Avenue , Shakopee, to receive comments both oral or written on this proposal . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney en- Tabled 5/26 Abplication for Off Sale Intoxicating Liquor License by Dennis P. Bruesehoff and Thomas J. Cox, Minnesota Valley Mall now in order w MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: 3. 2 Beer Licenses Tabled May 26, 1981 DATE: June 2, 1981 The two beer licenses tabled on May 26th are now in order and the council may now consider the applications for approval . 1. Cleve ' s Red Owl , 828 East First Avenue - Off Sale License 2. Je She Inc. 823 East 1st Avenue, On and Off Sale Licenses jc 6_1:4 a • MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Codification of Ordinances Passed Since 1978 DATE: May 29 , 1981 Introduction In October of 1980, City Council tabled final action on the approval of several ordinances regarding the City ' s recodification pending review by the new City Administrator. Background Judy Cox and I have met with Roger Jensen, the codifier, to review the proposed ordinances that Council reviewed in October of 1980. Some changes have been made so you are receiving a complete new set of ordinances . Please note that there are two types of ordi- nances , those being proposed and requiring action, and those already passed by Council and included for informational purposes . It is important that you focus your attention on the proposed ordinances in reviewing this material since they will be the ones you will enact should you approve them. Format Attached to this memo is Doug Reeder ' s cover memo dated October 10, 1980. Following that, the ordinances , proposed and already enacted are grouped by the chapter of the City Code they will be found in. Again I have included Doug' s original memo explaining the change and only noted in pencil any additional comments or changes . There is an additional letter from the codifier attached to Doug' s cover memo on Chapter 5 explaining that t'wo new section #1 and #2 were added . Other Changes/Concerns 1 Chapter #4, Secti. #5 Subd . 1 --quires th. a regis -red land surveyor sign -arly all bui . ing permit . This r: .uirement i ' currently in e Code and ' s the only section be' g retained We are not ow enforcin, it , i .e. r:.uiring t . all buil. ' ng permits .e signed by . surveyor. his is a -ostly expe► e to a 't r ' "' build: and will s ely be a p . .lem if w- try to en .rce it . W On e other han. , it is def' ately a • ' .blem when .n inexperienced c- , b.ilder- does . job. It sh. ld be dis ussed Tues.ay night and the City Engin- - and Buildi • Inspector will be p -esent . All of the Chapter #6 changes proposed in October have been pulled and are not in this packet. The passage of Ordinance 55 this spring, the lengthy ordinance on regulating amusement rides , has effected the proposed October changes and Ordinance #20, passed in August of 1979 , and the codifiers want to review the whole section, Ordinance #20 and Ordinance #55. Thus no new ordinance is being proposed for Codification of Ordinances Passed Since 1978 Page Two /9- May 29 , 1981 Chapter #6 and only Ordinance #9 , 13 and 16 that we already enacted will be codified at this time. Summary With the large and unwieldy number of old and new ordinances to deal with, it was the decision of City staff and the codifier not to add ordinances passed since Council received this packet October 10, 1980. Therefore, Council will have a few more ordinances to review and possibly enact and then send to the codifier later this summer. After that, it is my recommendation that all ordinances be filed and sent to the codifier quarterly so that we do not (1) get so far behind and (2) can deal with required changes in more manageable doses . The problem with Ordinances #20 and #55 illustrate what can happen when a City gets behind in updating its code book. In addition, a new page will be added to each code book listing the date and ordinances of the most recent codification so that each code will have a cover page that clearly shows whether or not it is up to date. Action Requested 1 . Approve Ordinances # 62 , 63 , 64, 65 , 66 , 67 . 2 . Direct staff to forward the above ordinances to the codifier along with all ordinances passed to date for codification. JKA/jms ' A Q MEMO-TO: Mayor and CityCouncil Y i FROM : Douglas S . Reeder , City Administrator • RE : Amendments to Chapter 9 City Code DATE : October 10, 1980 Section 1 This section establishes language allowing the use of parking permits in city lots as we now do . Section 2 Converts parking requirements during weather emergency. Section 3 and 4 General language in all ordinances . DSR/jms attachment Ir-- ORDINANCE NO. 62 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE SHAKOPEE CITY CODE, CHAPTER 9 ENTITLED "PARKING REGULATIONS" , BY CHANGING PRO- VISIONS AS TO PARKING RULES IN MUNICIPAL PARKING LOTS AND DURING STREET MAINTENANCE OR AN EMERGENCY; AND, BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1 AND SECTION 9. 99 WHICH, AMONG OTHER THINGS , CON- TAIN PENALTY PROVISIONS THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 . Shakopee City Code , Section 9 .40, is hereby amended to read : Sec. 9.40. Parking Rules in Municipal Parking Lots and Ramps . In municipally-owned parking lots and ramps , the Council may limit the sizes and types of motor vehicles to be parked thereon, hours of parking , and prescribed method of parking, provided that such limitations and restrictions are sign-posted thereon. It is unlawful to park or leave standing any vehicle backed into a parking place, or to drive in a direction opposite the flow of traffic marked by "one-way" signs or arrows . It is also unlawful to park any vehicle in any municipally-owned park- ing lot or ramp contrary to the restrictions or limitations sign-posted therein without a permit in writing from the City. Section 2 . Shakopee City Code , Section 9. 50, Subdivision 4, Subparagraph B, is hereby amended to read : B. It is unlawful for any person, except principals servicing emergencies, to park or leave standing any vehicle on any street during a weather emergency, as herein defined , on any odd-numbered day of the month on that side of any street bearing even-numbered U. S. Post Office addresses , and on any even-numbered day of the month on that side of the street bear- ing odd-numbered U. S. Post Office addresses . Section 3. Shakopee City Code , Chapter 1 , entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty Provisions" and Sec. 9 . 99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference , as though repeated verbatim herein. Section 4. After adoption, signing and attestation, this Ordi- nance shall be published once in the official newspaper of the City and shall be in effect on and after the date following such publication. Adopted by the City Council of the City of Shakopee , Minnesota, held this day of , 1981 . • Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1981 . City Attorney .tel MEMO - TO: Mayor and City Council 4 FROM : Douglas S . Reeder , City Administrator RE : Amendments to Chapter 8 of City Code DATE: October 10, 1980 Section 1 This section updates the adoption of MSA chapters to conform with state law changes through 1980. Section 2 and 3 General language in all ordinances . DSR/jms attachment ORDINANCE NO. 63 6 /° Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE , MINNESOTA, AMENDING THE SHAKOPEE CITY CODE, CHAPTER 8 ENTITLED "TRAFFIC REGULATIONS" , BY CHANGING THE PROVISION RELATING TO ADOPTION OF CERTAIN MINNESOTA STATUTES BY REFER- ENCE; AND, BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE , CHAPTER 1 AND SECTION 8. 99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF SHAKOPEE , MINNESOTA, ORDAINS : Section 1 . Shakopee City Code , Section 8 .01 , is hereby amended to read: Section 8.01 . Minnesota Statutes , Chapters 168, 1969 and 171 Adopted by Reference . Except as otherwise provided in this Chapter, or in Chapters 7 and 9 of this Code , the regulatory and procedural provisions of Minnesota Statutes , Chapter 168 , Chapter 169 (commonly referred to as the Highway Traffic Regula- tion Act) , and Chapter 171 , as amended through Laws 1981 , are hereby incorporated herein and adopted by reference , including the penalty provisions thereof. Section 2 . Shakopee City Code , Chapter 1 , entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec . 8 . 99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference , as though repeated verbatim herein. Section 3. After adoption, signing and attestation, this Ordinance shall be published once in the official newspaper of the City and shall be in effect on and after the date following such publication. Adopted by the City Council of Shakopee , Minnesota, held this day of , 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney `aria MEMO TO : Mayor and City Council 6 • FROM : Douglas S . Reeder , City Administrator RE : Amendments to Chapter 5 of Cil:y Code DATE : October 10, 1980 • Section ,Y3 This section reuses the insurance requirements for temporary beer licenses for non-profit organizations to make them more workable . This language was contained in Ordinance 22 4th Series adopted by the Council . Section This section incorporates the language adopted by Ordinance 23 4th Series which sets up the restaurant requirement for any liquor licensed premises over 4 ,000 square feet . Section /5-- Refers ,5Refers to the hours and days of wine sales to State Statutes rather than the City Code . Section, Adds reference to State Statute . Section ?and ri Repeals adopted ordinances 22 and 23 which are attached and which were incorrectly worded to incorporate in the code . The language of both is contained in sections �2'3and /yof this ordinance . Section nand /00 General language in all ordinances . NOTE : Ordinance 6 is done correctly and will be included in the code when the new pages are prepared . DSR/jms attachment 6 MUNICIPAL ORDINANCE CODIFIERS, INC. SPECIALISTS IN CHARTER REVISION AND 7400 Lyndale Avenue South ORDINANCE CODIFICATION EXCLUSIVELY FOR MINNESOTA GOVERNMENTAL UNITS Minneapolis, Minnesota 55423 RECEIVED Area Code 612 869-2403 JAN 13 1981 CITY OF SHAKOPEE January 12, 1981 Mrs. Judy Cox City Clerk-Treasurer 129 East First Avenue Shakopee, MN 55379 Dear Judy: Enclosed is a substitute ordinance covering revisions to Chapter 5 of the City Code. We have discussed the additional amendments set forth in this ordinance with Jack Coller , and it was his recommendation that we draft a new o dinance to � � replace the one forwarded to you previously. Ac4ked �S �fioh s Would you make certain that this ordinance is substituted for the prior one , and collect any outstanding copies so that there will be no possibility of erroneously adopting that ordinance . Very truly yours, MUNICIPAL ORDINANCE CODIFIERS , INC. • Lorraine E. O'Reilly, Codifier LO/ag Encl. c: Julius A. Coller , II ORDINANCE NO. 64 , 4TH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE SHAKOPEE CITY CODE, CHAPTER 5 , ENTITLED "LIQUOR, BEER AND WINE LICENSING AND REGULATION" , BY CHANGING PROVISIONS AS TO CORPORATE APPLICANTS AND LICENSEES( TERMS OF TEMPORARY BEER LICENSES , AND WINE LICENSE RESTRIC- TIONS; BY ADDING PROVISIONS AS TO REQUIREMENT OF RESIDENT MANAGER AND ELIGIBLE ESTABLISHMENTS; BY REPEALING ORDINANCES NUMBERED 22 AND 23; AND, BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1, AND SEC- TION 5 . 99 WHICH, AMONG OTHER THINGS , CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1. Shakopee City Code, Section 5 . 02 , Subdivision 4 , Sub- paragraph G , is hereby amended to read: G. Corporate Applicants and Licensees. A corpor- ate applicant , at the time of application , shall furnish the City with a list of all persons that have an interest in such corpora- tion and the extent of such interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Administrator of any change in legal ownership or beneficial interest in such corporation or in such shares. The Council, or any officer of the City desig- nated by it , may at any reasonable time examine the stock trans- fer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation , but no such action shall be taken until after a hearing by the Council on thirty (30) days notice to the licensee . Section 2 . Shakopee City Code , Section 5 . 02 is hereby amended by adding a Subdivision to read: Subd . 9 . Resident Manager or Agent. Before a license is issued under this Chapter to an individual who is a non-resi- dent -of the City, to more than one individual whether or not they are residents of the City, or to a corporation , partnership, or association , the applicant or applicants shall appoint in writing a natural person who is a resident of the City as its manager or agent. Such resident manager or agent shall, by the terms of his written consent , (1) take full responsibility for the conduct of the licensed premises, and , (2) serve as agent for service of no- tices and other process relating to the license. Such manager or agent must be a person who, by reason of age , character , reputa- tion , and other attributes , could qualify individually as a li- censee. If such manager or agent ceases to be a resident of the City or ceases to act in such capacity for the licensee without appointment of a successor , the license issued pursuant to such appointment shall be subject to revocation or suspension . Section 3 . Shakopee City Code, Section 5 . 12 , Subdivision 2 , Sub- paragraph C , is hereby amended to read: -1- • C. All such temporary licenses shall be subject to any terms as shall be established by the Council at the time such license is granted , and any violation of such terms shall be grounds for refusing to issue such a temporary license to the violating club, charitable , religious or non-profit organization for a period of up to three ( 3) years. If the event to be li- censed is on public property , a liquor liability insurance policy, as provided for in Section 5 . 32 , Subdivision 6 , and to protect the City against any lawsuits commenced , shall be filed with the application. Provided , however , in all cases where the licensee or applicant for a license is a national or local non-profit club, civic , charitable , educational or religious organization , the in- surance requirement may be satisfied by filing with the City a proper certificate of insurance along with proof of non-profit status in lieu of insurance policy. Section 4 . Shakopee City Code , Section 5 . 32 , is amended by add- ing a Subdivision to read: Subd. 12 . Establishments Eligible. No on-sale liquor license shall be issued or renewed for any establishment which contains more than 4 ,000 square feet of space, unless: A. Said establishment qualifies as a restaurant as defined in this Chapter ; B . Said establishment receives at least 50% of its gross receipts from the sale of food for consumption on the premises. C. For purposes of this Subdivision , "square feet of space" is defined as customer used floor area. Section 5 . Shakopee City Code , Section 5 . 40 , Subdivision 4 , Sub- paragraph A , is hereby amended to read: A. It is unlawful to sell wine during hours , or on days , when the on-sale of liquor is not permitted by Minnesota Statutes. Section 6 . Shakopee City Code , Section 5 . 50 , Subdivision 3 , Sub- paragraph B , is hereby amended to read: B. All liquor license restrictions , liquor sale regulations and hours and days of liquor sales , as stated in this Chapter or permitted by Minnesota Statutes relating to the on- sale of liquor , shall be binding upon all club licensees. Section 7 . Ordinance No. 22 , 4th Series, is hereby repealed. Section 8 . Ordinance No. 23 , 4th Series , is hereby repealed . Section 9. Shakopee City Code , 'Chapter 1 , entitled "General Pro- visions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 5 . 99 , entitled "Violation a Misdemean- or" are hereby adopted in their entirety, by reference , as though re- peated verbatim herein . Section 10 . After adoption , signing and attestation , this Ordi- nance shall be published once in the official newspaper of the City and shall be in effect on and after the date following such publica- tion . -2- (O i Adopted by the City Council of Shakopee , Minnesota , this day of , 198 , by the following vote: Yes: No: Mayor ATTEST: City Clerk Prepared and approved as to form this day of 198 City Attorney (Published in the on 198 Proof of publication attached. ) -3- `I°. . ._ rjamgtr: :dpi � m ^��3'+°� ".>, �... ...�..�-�,. �x ' 'r`F _ `{'R•v w � , ORDINANCE NO. AN .ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SHAKOPEE CITY CODE, CIIAPT ENTITLED " LIQUOR, BEER AND WINE LICENSING AND RECI'LA'I`ION", BY CHANGING THE METHOD ADOPTION OF LICENSE FEES FOR THE SALT OF LlorOP , BEER, VINE AND THE CONSUMP'T'ION AND DISPLAY OF LIQUOR: BY CHANGING '('l1E METHOD c(F AiitN LION of APPLICATION AND INVESTIGA FEES: BY REPEALING LICENSE FEES PRESENTLY SI:"II((N I: NY ADDING A SPECIAL PROVISION T SECTION 5.1.3 (7) ; BY STRIKING rj.7i(iA1N RES'INICTIoNS FROM SECTION 5.01 (15) ; AND, BY ADOPTING BY REFERENCE SHAKOPEE'S CITY CODE, ( HAPTEN I AND SECTION 5.99 , Will CII, AMON OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF SHAKOPEE SECTION 1: Shako]ec Ci t:v C_ede Cha'rtc r 5, i h rc l,y ;t,;:.,'udcd Try ni; rt section to read: Sec. 5.06. Fixing license fees All license fees provided for in thichanter, hicioding, but not by way of limitation, license fees for on-sale and off -.,al, of hoer, temporary on-sale of bee, on-sale and off-sale of liquor, on-sale of liquor by club:; , on-sale of wine, and , comsumption and display of liquor, shall he fixed and determined by the Council, ad. by Resolution, and uniformly enforced. Such i ice nt;cc feces may, from time to time, ba amended by the Council by Resolution. A copy c,i the Re:;elnt:ion setting forth curren effective license fees shall be kept on I in tho of the City Administrator and open to inspection during regul;:t business hours . SECTION 2 : : Shakopee City Coder, Sec 5.02 Subd . 3, is perch tmended to read: Subd. 3_ AR lication and invc_,t ignt ic,n At the time of the initial ;tppl i ea! i con , .��� „I-,i,T i cant for either an off-sale or on-sale liquor license shall pay Co the ( i ! ; I a; otnt t of the application and inves r invest iH;1tIon 1Cc‘ gatioo fee, which4shall he non--rc land;ihl, , I ,, ., t ib of the City for processI the application and the inveatit;ntion titcrc•„I . :;u„'ir I , ' shalt be fixed and determine by the Council , and adopted by resolution , and ul, i l orm l y enforced. The application investigation fee may, from Lime to time, be .elealded by the Council. by Resolution. copy of the Resolution setting forth the ccrrrelit affective application and i.nvesti gat.ion fee shall be hetet on I'll,: in the ()fifty ,.t the City Administrator, and open t• inspection during regular business hoi,rs. SECTION 3. Shakupye C_i ty -code ,_- Se.c ._ 5....1 3 Subd . 7, i s hereby. _tmended .to read Subd 7. No beer licensee shall , during, t h, c l feet i ve period of such .license, � '.. ... . o ' eer'1' 'cen,3ee'eh"f1YI;'diiritig"'ttie effective perioa^or•seen—r-xcer.ec,, • T ,� I y� T R+r^ '- n- ,3 s ss: A:,N.,:,,6,1,,..: $0.0.1ri `0titN.fgc }V.' ita `0 gOt' ... ]1=a.-,Trm...,, 4 be the owner or holder of a Federal. retail 1 i quor cleller' s tax stamp for the sal of intoxicating liquor , and the ownership or holding thereof shall be grounds f revocation, unless Caere has also been issued d t o t;ur ll person a license to sell intuxicating liquor pursuant to the Laws of t 11 i State and the Ordinance of thi City at such place. SECTION 4: Shakopee Cite _Cade, Section 5.01 z_ Subd . 15 is hereby, amended t Subd. 15. The term "restaurant" means any estahlishment, other than a hote, under the control of a single proprietor or manager, having appropriate facilit: for the serving of meals, and where, in consideration of payment therefor, meal: are regularly served at tables to the general public, which employs an adequate to provide the usual and suitable service to its guests, and which shall have so facilities for seating not less than 30 guests at one time. SECTION 5 : Shakopee City Code, Sec. 5 . 11 , Suhd . 1 and Subd. 2 ; Sec. 5.12, Sec. 5. 31,' Subd. 1 thru _5 , inclusive; Sec. 5 .40, Subd 2 ; Sec. 5. 45, Subd. 2; ani Sec. 5. 50, Subd 2, are hereby n-ppealed. .SECTION 6: Shakopee City Code, Chapt !or _11 t nt i t led "General. Provisions ant finitions Applicable to Entire City Code , including i'Innalty for Violations" and Sec. 5.99 .entitled "Violation a Misdemeanor" are hereby adopted in their entiret by reference, as though repeated verbatim herein. SECTION 7 : Afteradoption, signing and attestation, this Ordinance shall b published once in the official newspaper of the City and shall be in effect on a after the date following such publication. Adopted in 451, _session of the City Council of the City of Shakopee, Mi held this `L day of May, 1978. f'1 Mayor of the City of Shakopee ATTEST: ;j •• I _dllPl Cit min' trator • Approved as to form this 15th day of May, • 8. 411, 1 1g, , Julius A. Coller, II City Attorney Published in the Valley news : May 24, 1978. LI . , L: ,?)} , .4: :, ill S�� r f 1 .` ,r ).fr 1 , , (( r.\,t*;,.' .. rTi {�-l - z.. ,,,,— •y^r� Pte"' 7.7 t'i gi. Cyt yP, }� tvIt �0� c.T::,,•. 1 \ X!Z �,c t� : �. i."--'='"•'' r��r sb�h: 3 i •••i-; 5+r7 ' i. iF^' d.14r ` 4'. ✓'�. �t�.!`;int f •3 t' �' yy�� .. •w ' S ,...r�� .ic '--;-''-;---4, r ! :.�4i jl �7�'� i Air ryfi , t.Wr . y 5., 1.1t j.r77 • )) 'RC' . / • Ni.J( ' ' Al;•!..:-!;,',4e..;„-,:1;..1 , 'T/ "y', ,., '_.-... l.t' 3 .n- . ...,� �`f"•..w. .,,A . ;..+ ig♦ �� IC l vi . 1�...,'N I..�e`irtri.rdf`d '..Cc�a'N.uih- ". lip �,�;- ,._." I, 1 _.�.r'�L..__L.! a-. .. - -. . . . ._ ____ _ .,_ L„/_;) __. 441,k jae • 0IDINANCE ,9 22 i Yourt n Series An Ordinance of the City of Shakopee, ,`trona,;1,ta Amending the Shakopee City Code Char V i ntttled "Liquor, Beer and Wine , Licensing ;,n(l i egul of i ons" By Amending Section 5, " Sub. 4; Section 5. 12 Sub. 2c; and Section 5. 32 Suh 6, By Adding to Each of Said Divisions an Exception Applicable to National or [,oral Non-Profit Clubs , Civic , Char Educational and Religious Organizations The City Council of the City of Shakopee, Minue!iot a dor y; ordain: SECTION I : New. Provisions Added to Chapter V There is added to Section 5.02, Sub. 4 ; Section 5. 12 Sub. 2c; and Section (5'_ 23 Sub. 6 the following provision: In all cases where the licensee or applicant for a license is a national or`loc non-profit club, civic, charitable, educational or religious organization, the insura requirement may be satisfied by filing with the City ;) proper certificate of insuranc along with. proof of non-profit status in lieu of on insurance policy. SECTION II: Effective Date After the adoption, signing and attestation , this ordinance shall be published in the official newspoper of the City :Ind !,hill I I�� in Ini 'n and effort from and after the date following such publication. , Adopted by the Shakopee City Council thi,-; _ day of June, 1979. 7 Z-.:-" ( . (? Z __ ^in yc ! the City of Shakopee ------ ATTEST: ,--...---;) 6 .c ,-/_ (> %).:,:,...„-Z-- /�� '' City (-Jerk Prepared and approved as to form this 5th dayCo'f`'June, 1979 I :1 City Attorney ( Published in the Shakopee Valley News : 6/13/79 77.77.1.77.77,777 -77,777, . yk ., J�r 1 •�"'T�__sroraco.� 1,x.5;.1 :.y•,- i ,tN)=.e.w _ - 1�. ORDINANCE NO. 2 3 AN ORDINANCE AMENDING CHAPTER 5 OF THE SHAKOPEE 6 yl." CITY CODE BY PROVIDING A NEW PARAGRAPH H TO SUB- DIVISION 4 OF SECTION 5.02, ENTITLED "ESTABLISH- MENTS ELIGIBLE". Be it ordained by the City Council of the City of Shakopee as follows : Section 1. The Shakopee City Code, Chapter 5, Section 5.02, is hereby amended t( provide the following new Paragraph H thereto: "H. Establishments Eligible. No on-sale liquor license shall be issued renewed for any establishment which contains more than 4 , 000squarefeet or, unless: 1. Said establishment qualifies as a restaurant as defined in this Chapter; and 2. Said establishment receives at least 50 receipts from the sale of food for percent of its gross consumption on the premises . For purposes of this Paragraph, "square feet of space" is defined as customer used floor area . " Section 2. This ordinance shall take effect upon its ;passage and publication. Adopted by the Shakopee City Council this 7th day of August , 1979. • By the City Council for the City of Shakopee Mayor kaalter Ilarbeck` ATTEST: Ree(-- ) -- / r PREPARED AND APPROVED AS TO FORM BY: Krass , Mahanan, Meyer & Kanning Assistant Shakopee City Attorneys 1221 Fourth Avenue East Shakopee, MN 55379 Published in the Shakopee' Valley News : 8/15/79 Shakopee, MN—"55379 — - '� ! •,r, I j j..le;`Sl1:1 .,ii,;,5,41^�4,�yh ti t1,;,i:l.ir t t ,• 1/C�tC.ft-: ••1 , .. .• n. 1,.. •-. T,y 9A �' , 0"! +� r ,, ,, ,t ,;y'y.. t " ,tY`a �,'.o,f 1j4��'.v a � .1..„ i',,..`”:ir �� ....11,-',.%.‘� •'r.:,• •}`1.,;,,� .f l • t . 1 n i vti!*y b r -o ti}�i,'�•k� t4.4g} .42,%. 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Z'; ,'rf.i.,4 rs{•i•{ f` sort t f 11 r 7%'''.; 4"!4:.'47:,1•21• a x.'47, j r , . •,,t w " , ' `.. l ,1�•.t yL::is Y""'�.ay� i.� �r�ii� A� r� i{�1!ya•�i 1 .,, d t t 1n+� ��y:.'11',15.4.1g �[��j,l,+ �� ' rte+ .,•:,....,'„.' ti�t b t ''-„, ;.(4,: i/ . t y .4, .i`41 y.j,f is.Frltt c 1e4 ;r/,•t�I P1'V: "' 75•Qr0 .f 41! �, •1 , i �, '-',:,!Y;,%'' '',,,,V4, `4 r•• s 4.. pi.Yc%2 ,. i1.1k . Y n„, t '�` 4i ., ',,�'Y f4. f !•t ja �� t � q� �'/ t , . (t �1J ' ttt `4,ti4 Yf l.F , 1�jY �{"t 1 -.M+ , a ' � 3 �...° ; ,f�l,±'p �4--- �'a+,°7�l J�y1ur y� ,441;;,.,'"� �n1 ' ' ,yS�/ti"c f 4 '�., xl ��'73 �i �y�ff.�.3 A �,,��i}r,�' fr`a¢.l wr Kr. r } �`sv,�, 'yr ,� 4 ';. ,,,V Y,�',t {','," • 43'•, P / 9,� '` •�' 1 iitt/if J :/N l[!rk'r..:404:4"J�i4 fg, ` '1 �yy�.)" 4,&? .i: r.. `..t, 5 d ti-- „,,,i+.4.31:1.4„,_,_ s 7 R z 4' s r LiC 'r. h �'�.....,.1-_,...,s.. ... .,)x: � 1 , G �, l.xff ' 1F•k*'S� r °<,i { �,.i�1 a� ;. �'}�� hY � y�L '7i �, l gi 1 ��,'!6 wn ' `,�� .rstir. ,� �Yti. `tti+v`� t J'E e't�} l� 1('r tYr�.. 'D' .:1„:„.,,,...s4.- 7.,�J't 'C,G•? 1� ,� rt Ie� ,c17,.z. K'f'1� ., ¢¢r • s w'a'r ` rR rtl y� rd , ° rF.s ! t t Y r tf ,c �, A, tr.,.. f�,+�..y �i° 'i4(i bt,� `�. (spy, .�•Sv�• <�y'•!t°p sf�f. 4, i..t.. .T •,, ' p` c/a rL 'i' •• w`:;y y tri .,-,..„.,...47._•.•v _ h r-. ll�a '4'z i rl�,t ;' ,',',” ':'," or.t3 ). �..., , . •' iw,. . #~' Iii ?} w '' ,�/,,li,,rf L' ft_ a .•J 4.4' • r Via.^t+;""t: i�r ,... u.,.,t.." 4 `'. . .44,1'#,A'rr s.•,_ ..`.,s r iyn' 1t':•:,, . C•7',"' ' '�t j V 1�' , ff"` J�s • ,. r: ae arra 'r` rt • . MEMO TO: Mayor and City Council 12/ FROM : Douglas S . Reeder , City Administrator RE : Amendments to Chapter 2 of City Code DATE : October 10, 1980 Section 1 This section deals with the sale of city surplus property . The following changes are made in this ordinance . The current code says that funds received from the sale of property will be put in the general fund . This revision says . that the funds will be placed in the appropriate fund . There- fore if we sell something that belongs to the sewer fund , the HRA, or whatever , the money does not have to go to the City General Fund . Section 2 This change includes the City Council for coverage under work- man ' s. compensation . The Council should be covered to protect them in the event of injury while performing their duties . Section 3 This section deletes a section in the code which details the method of disbursing city funds . This language was originally adopted by the City to consolidate several statutory provisions and eliminate some confusing and surplus language . Now that Shakopee is a statutory city the state law can be used directly and nothing need be in the code . The state law which pertains to this area is attached . This change will not result in any changes in our procedures . Section 4 This section eliminates the section of the City Code which established the Joint Recreation Board . This is appropriate because the City has now entered into a new Joint Powers Agreement with the School District to establish the Community Services Board . The one part of this section which the City may want to keep somewhere on a plaque or whatever is the dedication of the Recreation Board to Boots Hirscher of the Golden Gophers . Section 5 and 6 This is the general language you will find in all our ordinances . • DSR/jms attachment sI'1I'U1'<)It� (;1 CII; S 1 40b.• the anticipated tax levy foa E tj fund, an}' unpaid orders „nt inn lin;' :,; ,ii '�* s • L•• ` /•....0 1/11....-rh • the fund shall be redeemed from the proceeds of the certificate.. ticlptttiou certificates shall • be negotluhle and v 111 to the payee al hall he payable lu I , �� I ) anti shall hare, a dcPin(t• It order ,.f r • :• ,�;�. - c due date hilt may he ,ayalde i • =�" • that date. No I n' In•f„ i certificates + hr r ill be s• • ! sued to become rine and p;1ynL1,' Hier Ihnn the ]st day of April of the year following the your of Issu:tn,•'•, c',•;lifi, i shall be sold for not les Ctrs s than par and accrued•, at a rate not to :111 I nllrrrct and shall hear ! I exceed seven per(•ent per :Chile t I, n•I;t such curlier tlntrs as the council may delrrnlinc•,tl II;t1'111i1ca'rl'11fir;t111111'ill III' III upon its rite', the fund for It it h .h the proceeds toeeecls the total of the rcrtifieal • shall amount of the Certilicates so issued against the fund, anrltl,e total t .__•. .. amount embraced In tl , tax 1.1• • ��~�.�'.�"'""'•'� for that Hurd. sued oil such terms and cone They shall oila•rlcli,ii !, is. IItL, reeds of the taxes assessed on account yor the rood councilag atin:,ty ,\ichh11tr1t: • ,e. IIh,• pro- , thin certificates are Issued nn a ,sha i ill• d the full faith and crwilt (if the city shalllhe R"_'.r ".• "'...- . IrrevJcubly pledged for the redemption of the certificates In the older of l:. suance against the fund. • Amended Uy Laws 19117, e. tit cff. ,\tarot 5, 1971: Lala ,(il, $ fl eft. ny °5 1167, Laws 1'1 1. . . { s 1 173, c. 133, art. ", .§ 1. L'., 1967 Amendment. Increase,] Interest 1973 Amendment. i rate frUlll flv l0 91x percent. I.rr•..,, i 1971 Amendment. r 't• -'. i I. :,:,h,l. 1:1. ; 1. atltuting ~den Correction Lill sub- t'e'a I. r',.',,, • t.i . riot fur the '1(•Ir•tl-t ,.1 111• t, •• theNllown I Interest -six- percent as "1III'r t auhrrltutI n. rel „ allowable nterest rate. cri and h„ appropriate. of the term ",Itp" ,n 11,,; I ' . term "statutory city." _ .«_.....�.._�....+.` 412.271 Olsburaamon Subdlv sten I. Alothad. r any municipal liquor dispensary cclopernhalcb'r the city funds, shali llutrurtirle in,11rt h r art order (Irnta'n by the mayor and clerk lr u, -,_• ... .,_R Issued fur Itte payment of Judgments, 1 n the teen:-aver I's,,,11t cl.!r,r1 ' the council ur by statute, principal and\iritterrstes n 1rioh+i aril'as,Irenlll:lto! ';i!t'''r fixed charges, the exact amount of which has liven previnnsly ,litrr:rin,-1 i,y , f contract authorized by the council, and except ns othrrtclso Brut I,l'11 ill Iiia- dlrlsloats •j and 5, no order shall ho i.sned twill the claim to which it n•L,i'•. h:15 leen audited and allowed by the Council. Sued. 2. Claims 10.""'^.`^ -.......601,••a.---�- . payment. Except for wages Paid basis, where u L 1 Gl on :111 honrlc nr ,Inily i:y...1 , :,..,•: . .:• +;.,; ;,.: Claim for atone)' duo on goods or services flit kin it r•:ur I,1 itemized In the ordinary course of ht,::in(,s the person claiming- p,,\I.:'•nt o - huts agent, shall prepare the claim in written items soul sign a rh,lrn:ltiou that the Claim Is Just and con'ect. and that no ,: et part , hr3rr�rc Z.�'•'rY^ the council may In its discretion allure a claim prep.rti il }has tll'i, el. 1';li.:i h,;, such declaration by the claim: ti claimant, If tip: cleelarnnn is made !:;n ,'; ,'I,'1 I su ' 11tent Oil the order-check by which the cl::hu is 11:11,1 :1.. 1;;'ot l,t,,l I„•i ,. \, I,, n Ter 1e111'lc fur which wages are to Lr paid art all hourly or ch::!ly I,:t,i>. i:. 'i,u ,• by employees of the city, the clerk shall keep a payroll each etuployee and the 111111114' :ll trtl: III, a . . � ,.f r of !Mill's or clays lcorl.ed Iry Iti:n .III,i : "• keeper, furentau, or other offices or employee having knowlr,l;''• of ill • r,,,.H shall sign 0 1 n declaration that. the turfs rorltc'cl un the 11:1 r,r i the best-of his Information and licher; and schen ally claim fo`rrlt•o;.,., listr',1 �.:r r ': +., t ,:h i '+l;f +i., un a payroll Is t •�• ' Paid, the eulpl,lycr' shall sign a ler; on, part of the payroll, to the effect that he has received dtrtbe 0:1�.. 1;11.1 i ,11„n. the work for which wages have been paid. The declarations Iclatin' I„ el:ti;as `•”: F.: or payrolls shall lie in substantially the folloNving form: "1 d,•,-it,,,. ;uuL•r the pennitics of perjury (here Insert, if claimant: that this claim is J ,.t and correct and no part of It has been paid; If timekeeper, foreman, (ffirer r,r e11tpiuyee having knowledge of the fact;; that to the hest. of my formulation and belief the Items of this payroll are correct; if employee 1c L„ f,:1•: t.-.,; paid: that I have received the lenges staled oil tills payroll ,cp;,,,,ilr 1111 mime and have done the work for which the wages ti ere paid.) Date l'he effect of this declaration shun be the :;amu' ns If suh< ;;i1 n„i" r to under oath. rribed nn l ccnrrl , 57 L_............„..,................„....d.„.....„1, •1.. ',•II•i•fe ` +•F r lTrtiT' .:I. '•T•-'�r(^,w•' A••T. 'R+1"^^., ,.r. ,,��T�"t� ;..7lII .Tt'.`...•r-,..-.r. ,r.,�•,..,,•.,.•,_...�....__"-f'_ ' +.wwret!;e l ,,..t 4wvSt'hs... • ''''.;,,7.1. i.-,r7 ' 11. { :.i'f 1r'" � t A`f, r4:►',4� �,.•. Lt. iS „1.1.:...4.... Ac •. • .a�a .. • ; ! 7 r!,I y,*I• j`, •f'} . °r v.�t !N. ....,... ..! t .�.,14Yt P iak d.../j• �nr.'.X1, r� :u�'rh 'r .,_...4,,,!,,,,,,, ,x -• 6 • . ...... , : : ;' § 412.271 -^-r- �- - ST:1T[7T'n1:Y CITIES • ;;;;:'R' Subd. 3. Endorsement on ter urn,, rialtos. The clerk shill) endorse on each churn I 1 lob, nurilti(i by the ro,o„r II the tvrurl 'dINnllnwcd” If sash he the No, or, "'glowed In the sum of $ ., specispecifying in the hitter If npprot'( I In Rheic or in port, f that n% th shills Losse• the Items rejected. the treasurer in eon appropriatel �rll,ace rder shill' becomes It check on the cloy rhyu�.il the Irtches side, hhuvc rbc s s to till('il orrler•ehcek way have printed on lowing s 1 I for endorsement thereof by, Its lnlcnu'tlt. "'1'h,' undersi• the payee, the fol- , Ilt;tl the smile is rrecit'iu.(1 poyee, In endorsing this ordct claim, ng:tin.�l the city of nod that no1}part of fsutcl trchain st clhas rhrre( fore 1 been paid." when endorsed by the prlyee named In the order-cheek, Ruch ...`i I Statement shall opernte nod shrill he m e deeed nufficlent its the rt'gnlre(I deelrtrn• lien of the chum. Any artier presented to the treasurer and not paid for i want of funds shall be so marked ratio paid iii the -- - Y • "' r wl from Iho Ante of I orticr of Its I,rrSetltntlon such Intt'er rale as Is fixed l,y the ,rescntrtflp„ fit thq coir. Suhd_ crnructt prior to Its lssunuCef five percent or • •�. Immediate payment ,: rt a on contract 1. y t of dolens. When intymcnt of n claim based cannot be deferred anuli the nest. conned meeting without. loss •r,r- .h. .� In the through not e elf rr• of "" ;:; t• uuulh iun,y'dintr'IY If the: iltiro of discount c nivlie e Hobo Is tit Icost. I > Y or oLhtrtt'Isc, It nnY be t. n majority of all the ntenrhe,.s of (1 for pnynlcnL h furrnall the eunncil. The claim Shall i,e lnfed upon 1. y at the next council meeting in the sante manner ns if it had not been paid, and the earlier pity/tient shall not: nff,•ct the right Of the any taxpayer to challenge Subd. 5. r the validity Of the claim. cit)' or funds for the pt}'Sneutnln rnheofrttrnjoipru>,,�rstahlislo one or more carr �� it is impractical to l•. J J est "• 1 t in lay other I cepa i ( 110 the for sohlry or per•sr,tlttl expenses of ,ut officer or r'mll,lloyle,�st�tltt that no The conncll shall nppr,tttt n custodian of ,ne? such hood nod Chrrshall hu, re. hnii be paid (ram snc;t be re. spunl.lhlc for its .snfekeet,inl; rind rii loisserncnt nccordin .. ,.�T.•,.,r,.....,.-,• --•--• tile operation of re. �r?rr•n such fund :;trail bp st, ti to Lott. looney for j fund. \ chrltn itemizing all the various lrrllt'tnndstforstvhlchfer t'rlolsbursementx hove been made from the the disbursements general council noe'lhu after the Il.rhuosllol11 ucootfs have been sonde. 1'he council pie+elttcil to the council nt. the next act upon It as in the case of other claims tun! no order shall be Issued to th• I' custodian for the nntoutrtt :glowed. 1 811011 the order to The cu.wodirtro shall tine the proceeds oflaire in fullr to the fund; and if the council hills to approve the •^+ -�� -. y Sufficient reason, he Shull be 1 �. _ .---.- .. .r*'� the difference. Subd. G. PcrsonnllY responsible for i Independent boards, powers. tiuhdlvlslr'rl.y 4 and 5 shall apply , to any Inde;,onde:IL beard or commission of the city having authority to (11s- bnrsc fonds tvllhont npl>rur,ul of the , .r .:1 ,• �- r+,• � these subdivisions to the council shall council, In Such ease references In commission and the rnun,• r d to he to \ cote(' fund under Its jurisdiction.( the fund nary hr, secured from tnnyhe l'(urde(Iiard r Amended by• , hairs ,1 1n• r.i, c. _.t 1 , or!. 2, § 1, 1973 Amendment. Laws 137.i, c. 127, art, 2, i 1, sub('. 2, was n general nuthu• tiro subdlvivlon, r rizntl, for the ('was ci of the term h°t'. 21. 17u5. UD•AttY.Ccn., 1G9t}6, S ri ltlIo,I oast the substitution. �••bare 2. Delegation of nrrprnprinte, the term The onlyPower rn ,i•.,'.......�..,. r.; +' term -statutory of the ' "city" or the orders In person authorized to draw ponce of the clerk would be 1 _ the deputy clerk. Up.Ally.(;cn, 1696, _ April 12, 1967. Supplementary Index to Notes n trusteeas council could not designate t sign I Delegation of claims 7 orders for disbursement of fundstInthe "-."---"77'7'7-7.177.7:•17.r. *-.� .R, ,.` �,. � Joint powers agreements g nt,scnre of the clerk-treasurer. While a city council could ]o. ind accountant to perform ministerial duo. 1. Construction and application payment cc nectin with the receipt and r Employees of the public uillltlr•, fool. liquor :More, he money for oho allowance mission of a village operating' under the o! claims pureuantato audit and allowance prevent Viu'Il Code urn required to clovcii271 are provisions of f 2 e117n rho declaration prescribed by ;,oh.1, be delegable to suchemployee.icial urtt)Iona in of this section and the commission Gen, 215-pu fl conncll, and would not • secretary is required to keep a payroll The clerk elfa village), p.Aon. `"-�' — - L` 1specified within Ga, wilh the t sent of the council, could appoint a " 58 • hie ORDINANCE NO. 65 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE SHAKOPEE CITY CODE, CHAPTER 2 , ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" , BY CHANGING THE PROVISION RELATING TO RECEIPTS FROM SALES OF SURPLUS PROPERTY; BY ADDING A PROVISION AS TO WORKER' S COMPENSATION; BY REPEAL- ING THE PROVISION AS TO DISBURSEMENT OF FUNDS AND ALLOWANCE OF ACCOUNTS; AND, BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1 AND SECTION 2 . 99 WHICH, AMONG OTHER THINGS , CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF SHAKOPEE , MINNESOTA, ORDAINS : Section 1 . Shakopee City Code , Section 2 . 70, Subdivision 3 , Subparagraph E, is hereby amended to read : E. Receipts From Sales of Surplus Property. All receipts from sales of surplus property under this Section shall be placed in the appropriate Fund. Section 2 . Shakopee City Code , Chapter 2 , is amended by adding a Section to read: Sec. 2 . 21 . Worker ' s Compensation. All officers of the City elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of "employee" as defined in Minnesota Statutes relating to coverage for purposes of worker ' s compensation entitlement. Section 3 . Shakopee City Code, Chapter 2 , is amended by repeal- ing Section 2 .09 entitled "Disbursement of Funds and Allowance of Accounts" . Section 4. Shakopee City Code , Chapter 1 , entitled "General Pro- visions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2 . 99 entitled "Violation a Misde- meanor" are hereby adopted in their entirety, by reference , as though repeated verbatim herein. Section 5 . After adoption, signing and attestation, this Ordi- nance shall be published once in the official newspaper of the City and shall be in effect on and after the date following such publication. Adopted by the City Council of Shakopee , Minnesota, held this day of , 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 City Attorney 490 MEMO TO: Mayor and City Council FROM : Douglas S . Reeder , City Administrator RE: Amendments to Chapter 10 of City Code • DATE : October 10, 1980 Section 1 Revised to conform with state statute concerning the disposition of unclaimed animals . Section 2 Definition of animal changed to include reptiles . Section 3 Curfew provisions are changed to apply to persons under the age of 18 rather than 16 in conformance with state law. Section 4 and 5 General provisions in all ordinances . NOTE : Ordinances 4 , 8 , 10, 12 will be incorporated in the revised code pages . DSR/jms attachment • 6 le ORDINANCE NO. 66 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SHAKOPEE CITY CODE, CHAPTER 10, ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" , BY CHANGING THE PROVISION RELATING TO IMPOUNDMENT OF DOGS; BY- CHANGING THE PROVISION RELATING TO KEEPING OF ANIMALS AND FOWL; BY CHANGING THE PROVISION AS TO CURFEW; AND, BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1 AND SECTION 10. 99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS : Section 1 . Shakopee City Code , Section 10.21 , Subdivision 10, is hereby amended to read : Subd. 10. Impounding. Any dog found in the City without a tag or running at large shall be placed in the City Pound . Any dog or cat committing a nuisance as provided in Subdivision 8 shall be seized and may be impounded . All dogs and cats placed in the City Pound shall be held for redemption by the owner for a period of not less than five regular business days . A "regular business day" is one during which the Pound is open for business to the public for at least four hours between 8 :00 o ' clock A.M. and 7 :00 o ' clock P.M. Impoundment records shall be preserved for a minimum of six months and shall show: (a) the description of the animal by specie, breed, sex, approximate age , and other dis- tinguishing traits ; (b) the location at which the animal was siezed; (c) the date of seizure ; (d) the name and address of the person from whom any animal three months of age or over was re- ceived ; and , (e) the name and address of the person to whom any animal three months of age or over was transferred. Any dog or cat which is not claimed within five days after impounding may be sold , for not less than the amount provided in Subdivision 12 , to anyone desiring to purchase the dog or cat . If unclaimed , such dog or cat shall be humanely destroyed and the carcass disposed of, unless it is requested by a licensed educational or scientific in- stitution under authority of Minnesota Statutes , Section 35 . 71 . Provided , however, that if a tag is affixed to the dog, or a state- ment by the dog ' s owner after seizure specifies that the dog should not be used for research, such dog shall not be made avail- able to any such institution but may be destroyed after the expir- ation of the five-day period . Section 2 . Shakopee City Code , Section 10. 22 , Subdivisions 1 and 2 , are hereby amended to read: Subd . 1 . Definition. The term "animals" means cattle, horses , mules , sheep, goats , swine , ponies , ducks , geese , turkeys , chickens , guinea hens , reptiles , and all other animals and fea- thered fowl ; provided , that this definition shall extend to this Section only and shall not apply to dogs , cats , gerbils , hamsters and caged household birds . Subd. 2 . Keeping. It is unlawful for any person to keep any animal , not in transit , in any part of the City except farm animals kept in that portion of the City zoned for agricultural purposes . Section 3. Shakopee City Code , Section 10.28 , is hereby amended to read: Sec. 10. 28. Curfew. Subd. 1 . Curfew - Minors Under the Age of Eighteen. It is unlawful for any minor person under the age of eighteen years to be or loiter upon the streets or public places between the hours of 10: 30 o ' clock P.M. and 5 : 00 o ' clock A.M. • ORDINANCE No 66 Page Two Subd. 2 . Curfew - Parents and Guardians . It is unlawful for any parent , guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by his parent or guardian. Subd. 3. Curfew - Places of Amusement , Entertainment or Refreshment . It is unlawful for any person operating , or in charge of, any place of amusement , entertainment or refreshment , or other place of business , to allow or permit any minor person to be or loiter in such place in violation of this Section unless such minor is accompanied by his parent or guardian. This Sub- division shall not be construed to permit the presence , at any time, of any person under age in any place where his presence is otherwise prohibited by law. Subd. 4. Exceptions . Such curfew shall not apply to any students under the age of eighteen years who are lawfully attend- ing, going to or returning from school , church or community spon- sored athletic , musical or social activities or events , or place of employment. Section 4. Shakopee City Code , Chapter 1 , entitled "General Pro- visions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 10. 99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference , as though repeated verbatim herein. Section 5. After adoption, signing and attestation, this Ordi- nance shall be published once in the official newspaper of the City and shall be in effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 1981 . May of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney 6 je ORDINANCE NO._`_4 ;TIi sl.:;:i s An Ordinance of the City of Shakopee, Ni;;huuotaa, Amending the Shakopee City Code, Chapter 10, entitled 'Public Protection, Crimes and Offenses ' , by adding Thereto Section 10. 76 which Defines and Prohibits Vandalism, Provides for Restitution, and Provides for Notification of Parents or Guardians of -Unemanicipated Minors; and by Adoptin ; by l,H-,',,.na•,_. Sianopee City Code Chapter and Section 10.19 which Among Other Thi nes Contain Penalty Provisions. The City Council of Shakopee, fi„ne^ntro ordains : SECTION I: SHAKOPE_E CITY CODE, Ch/. iRE l,), is hereby amended by adding thereto Section 10. 76 as follows : SECTT.ON 10. 76: VANDALISM Subd._.1 I)e£intticn The tern 'vandalism' n; a:;;•:J inla t 1': section, moans and includes willful or malicious struct i,,aa injury, disfigurement or def.aceane of any public or private Dr-np. -ry, real or personal, without the consent of the o..nor or ;.r „:,: ,,,.v;+n:; I,n.fu1 custody of :said pro— perty. The term in, ]u:i. ,cit I ;10!_ l.i::)i.tcd to, ,:c ro-, of cuttin y tearing, breaking, markinh, p•:ainting or drawing when such actions are intended to or have the effect of causing damage to property. Subd_2: Vandalism Prohibited ted It is a misdemeanor a: vandalism as herein defined. Subd. 3: Restitution — In lieu of any other pen;, I.t •,• ic;r violLtin;; this section, any perso convicted thereof, or any parent or guardian of an unemanicipated minor convicted thereof, w',icI1 minor is residing with such parent or uardian, may be requlr,:'l to ;;u!;r.;!t full restitution to the vice or victim of such offense I,/ monetary payment Erre property repairs within the time pruycribed by the court . Subd.. 4: . Notification to Parents or Guardian In the case of an unemnnicipot ed minor accused of violating the provisions of this section orad residing with the parent or legal guardian at the time of such ;;!ration, the department of Police shall, within three days •:fr,:r ::uc'ra complaint is filed, :notify /' ' such parent or guardian in writing, either by certified or registered mail, return receipt re(lur,ted, or by personal service, that said mina . ' _ has been accused of vandalism and that said parent or legal guardian may be held financially responsible for any fines or restitution 're suiting from such conviction. SECTION II: Shakopee City Code, Chapter 1 , coti.tl.ed "General provision and definitions applicable to the entire City Cede, iucludinx penalty for the violation" and Section 10.99 entitled "Violation a petty misdemeanor" are hereby II' adopted in their entirety,hy reference, a:; though repeated verbatim herein. SECTION III_ After adoption, sin i .. ; ,;:::, at tcstat ioa, this Ordinance shall be published once in the off:[cial newspap(2r of the City and shall be in force and effect on and after the date Eollowf.ng Ruch publication. Adopted by the City Council of Shakopee, Minnesota this _ day of _____A116: , 197 P. Mayor of the City of Shakopee •7 ', . ATTEST: S \\ _` Freg.:red and approved as to fork: cb.isS_ day iii April , 19 lb. Cit AL'torney Published' in the Shakopee Valley News : May 17 , 1978 ' Aft ORDINANCE NO. 8 ' i.Llh SERIES 'AN ORDINANC.I; OF THE CITY OF SIHAKOPEE AMENDING S!t„KOt'I,;}; CITY COD1', CHAPTER 19 ENTITLED-''PUBLIC PROTECTION, CRIME AND OFFENSES' BY ADDING CERTAIN PROVISIONS TO DOG AND CAT REGULATIONS AND BY ADOPTING BY REFERENCE SHAK AND SECTION 10.99, WHICH, AMONG OTHER THINGS, CONTAINS PENALTYPEE CPROVIITY SION,DE, CHAPTER i THE CITY COUNCIL OF THE CITY OP SH K01'Ii i)OES ORDAIN: SECTION 1: Shako_peo Cqy Cod(L Chapter 10L--i`_ her:h.y_ nded li-addiry the wordo "algin , Animals" to tt,u -title. of Chaltc r i0 ,,f 1 1Q —�_ .. . .2c to -read_ Sec. 10.22 Animals and Fowls - Keepini;, houeing., treatment, restraint , con- finemrnt and trespass and bl.tin' animals. SECTION 2: Shakollee-( it:11_Cc>;te _(:ituner flrtiter amended by eddink Subd_72biri.nF_Animalsi_te, Sec 10.22 to read: - ----- "_ Subd. 7 Biting Animals A, Animal Bites Human Bring 1. :whenever any ani=a1 wltttill ( !7.o _ „ , .i• , -.. . l.tt:hiCr, of the City Gall hitt any hu::;an beim, Cl;.lie t' n11111 1:h.p oI: .. °,ur?: i;: h ;'o, a p ric,-! of lea (l()) days separate and apart from other a:Liatalo until it {s de.ter::ined whether the animal had or _Ids rabies. If the animal is found to be rabid it shall be destroyed. If it iu found not to be rabid it shall be returned to the .I t,;vi,if::l the e,t;ner. shall � .4ZUt pay for the cost of kecpi::6 said animal. Ii t :1�_ 0, “ . ';r,�' , .:nt: claim or retrieve his the aminal may he dis::osed of /is i rr,v <'. . .:1 [he :,ale. 2. Whenevez the City crit, ,i.'L''r::;r, the t'<•rncTl oT:nlnh, le•IC.r_3')ii:i; or harboring the animal that hub bitten the ihu:h a.l i.,.1 the City may permit the owner to it.:pai:nd ouch animal for o period of ten (10) days separate and apart from other animalv under the supervision of a licensed veterinarian until it is determined whethe the animal had or has rabies. If the cnimrl 1.� rabid , it c-thal.i be destroyed. In all cases the City shall make the determination of tile u:t.r . al. shall be i.:;,poun:ied, and shall base its deciuion upon the owner.s. ability to properly impound the en.,vaal, and the current rabies vaccination status of the animal. B. Animal Bites Animal Any animal known to have been bitten or exposed to rabies shall be impounded or destroyed, provided, however that such an:ir.;-:1 ray be immediately destroy.d, if with • 01114 • ie/ . reasonable effort it cannot first be taken up and impounded. If such an animal is impounded, it shall not be destroyed if the owner make!; provision for suitable quarantine for a period of not less than six months, or proof of emmunization is furniphed and booster injections are given by a licensed,Veterinarian at the expense'` of the owner. SECTION 8: Shakopee City Ccde further Amended by Ado_ tion of Certain Provisions' • by Reference. Shakopee City Code Chapter 1 entitled ''General Provisions and Definitions Applicable to the 'Entire City Code, including Penalty for Violation" and Sec 10.99 entitled "Violations a Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 4: Provisions for After Adoation After ..'adoption, signing and attestation, this Ordinance shall be published once in the official newspaper of the City and 31:.1.11 be in effect on and after the day following such publication. Zk. Adopted in !4,,' rl fn session of the Shakopee City Council held this • �J day of June, 1978. May or of the City of Shakopee ATTEST: , % _ City Administrator Prepared and approved as to form this 5th 411.y •of June, 1978. 1111 • Julius A. Col er, IIr City Attorney rub; Ci-,cd in L:•. �: :1: ...._ V::1 1 cy ;.1� '! �f c17St Oft ORDINANCE. r.I0, 10 FOURTH SERIES An Ordinance of the City of Shakopee Amending Shakopee City Code, Chapter 10 Entitled" " Public Protection, Crimes and Offenses" by Adding to Section 10.26 thereo an Additional Violation Provision to be Known as Section 10.26 (15) ' and Adopting by' Reference City7Co4ie Chapter 1 and Section 1(1.99 , which, among other things, contains Penalty Pr.ovlsies:c 5 CIOK 1: Si .:ope:. City Ccde Chapter ) lie: eh; amended by a , l n/ , new section to Section 10.26 to read ' (15) To enter or ,assist another to enter or atter:pt to enter any theater perfor. once or show, or athletic contest, or amusement park, or any other entertainment or arnusemant, or a public eAtharing to T'h't : en'cr ance charge_ i-i :':cele witho having paid such charge or fee or witheet ri1" ._ ;)rels per:,:issiun of the person in charge of the.event or his authorized re;>ren -ttati.ve. This provision shall not appl to law enforcement or other emergency personnel entering the premises in the perfor ,. of their duties. SECTION 2 Shakopee City c' ,:, i:. ;' s " 's %ende , adoption adopon of certain proviei by reference. Shakopee City Code Chapter 1 entitled 'General Provisions and Definitions Applic to the Entire City Code Including the Penalty Provisions' and Section 10.99, which, among other things, cc•ntain; penalty provi9ion; ars: hereby adopted in their entirety by reference a:r.thou1 h repeated verhatiu herein. SECTION 3: Prr,visions For After Ariol)tioe. After the adoption, signing, nnd nt.testat`e t, thts ordinance shall he published once in the official newspaper of the City of'' ,:s.il't,;,'.^- and shall be in force and effect on and after the day following such publication. Adopted in .21211 session of the Shakopee City Council held this 1 ( day of _ 1978. ' ;i n,o, of the City of Shak1opee '—� • ATTEST: City Adw±'nis try or, Pre and approved as to form this 1st d:_; of Aui,ust, 1978. Juliu. A. Coller, II, City Attorney Published in the _Shakopee Valley News : 97 . 41111a 6 ORDINANCE 1/12 . FOURTH SERIES An Ordinance of .the City of Shakopee Amending Shakopee City Code Chapter 10 Entitled "Public Protection, Crimes and Offenses" By Adding a New Section Thereto to be known as Section 10.59 and Adopting By Reference City Code Chapter 1 and Section 10.99 Which, Among Other Things, Contain Penalty Provisions SECTION 1: Shakopee City Code Chapter 10 is hereby amended by adding a new section thereto to read : SECTION '10.59: Jumpin& Rides No person shall ride in or jump into or upon any vihicle without the consent of the , driver and no person shall, when riding, allow any part of the body to project beyond the limits of any motor vehicle except when signaling as required, nor shall any person board or alight from nor hang on to any motor vehicle when such motor vehicle is in motion. If the driver of any vehicle shall permit anyone to do any of the things prohibited hereby, he shall also be guilty of a violation hereunder. This section shall not apply to any person whose employment makes it necesoary to rid= in or on. d vehicle otherwise than as herein provided, when engaged in the necessary duties of such employment; nor shall it apply to any person participating in a duly authorized parade, carnival or show. SECTION 2 : Certain Prorvisions of Shakopee Cly Code Adopted By Reference The Shakopee City Code Chapter 1 entitled "Gmeral Provisions and Definitions Applicable to the Entire City Code Including the Penalty Provisions" and Section 10.99 which, among other things, contains penalty provisions, ; are hereby adopted in their entirety by reference as though repeated verbatim herein. r SECTION Provisions For After Adoption After the adoption, signing and attestation, this ordinance shall be published once in the official newspaper of the City of Shakope,a and shall then be in full force acrd affect. Passed in U. session of the Shakopee City Council held this Cy /� - - O �/ �Y of (1)/ 1 i tc-/ , 1978. _______,:. -_ !4(''/C7- ! / Mayor of the City of Shakopee t ATTEST: . � s City Administrator Propared and approved as to form this .2 ' day of s Published: 9-4-78. ______ ._.�..�_._ City Attorney • __W • MEMO TO: Mayor and City Council FROM: Douglas S . Reeder , City Administrator RE : Amendments to Chapter 4 of City Code DATE: October 10, 1980 The amendments in this Chapter have been reviewed by Leroy Houser and Bo Spurrier and are changes which basically put in the code requirements we are already using . Section 1 This section adds sections of the State Building Code not pre- viously adopted by reference by which Leroy and Bo feel we should use . Section 2 This section eliminates most of section 4 .03 because it is covered in the SBC . Section 3 This section removes section 4 .04 because this is now covered by the SBC . Section 4 This section allows the Council to amend the various fees by resolution rather than by ordinance now required . Secti6n 5 Repeals all of section 4 .06 except subdivision 1 which sets forth the criteria for surveys . The rest of section 4 .06 is now covered by the SBC . Section 6 Repeals all of section 4 .07 except subdivision 4 which sets forth the criteria for a temporary certificate of occupancy . The rest of section 4 .07 is now covered by the SBC . Section 7 Repeal's all of section 4 .08 which is now covered by the SBC . Section 8 This is new language to govern the moving of buildings through Shakopee Section 9 Updates reference to Uniform Housing Code from the 1973 edition to the 1979 edition . Section 10 and 11 Standard language for all ordinances . DSR/jms attachment t ORDINANCE NO. 67 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE SHAKOPEE CITY CODE, CHAPTER 4, ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATIONS" , BY CHANGING THE PROVISION RELATING TO ADOPTION OF THE STATE BUILDING CODE; BY CHANGING THE PROVISION AS TO BUILDING PERMITS; BY REPEALING SECTION 4.04 ENTITLED "PLANS AND SPECIFICATIONS" ; BY CHANGING THE PROVISION AS TO BUILDING PERMIT FEES AND CHARGES, AND THE PROVISIONS AS TO INSPECTIONS , AND CERTIFICATE OF OCCUPANCY; BY REPEAL- ING SECTION 4.08 ENTITLED "POWERS AND DUTIES OF THE BUILDING OFFICIAL" ; BY ADDING A PROVISION AS TO MOVING BUILDINGS ; BY CHANGING PROVISIONS RELATING TO SIGNS; BY CHANGING THE PROVISION AS TO ADOPTION OF THE UNIFORM HOUSING CODE; AND, BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1 , AND SECTION 4. 99 WHICH, AMONG OTHER THINGS , CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF SHAKOPEE , MINNESOTA, ORDAINS : Section 1 . Shakopee City Code, Section 4.01 , is hereby amended to read :: Section 4.01 . Building Code Adopted . The Minnesota State Building Code (SBC) , Chapter 70 (Excavation and Grading) and Chapter 35 (Sound Control ) of the Uniform Building Code are hereby adopted by reference as though set forth verbatim herein. Three copies of said Code shall be marked CITY OF SHAKOPEE - OFFICIAL COPY and kept on file in the office of the City Adminis- trator and open to inspection and use by the public. Section 2 . Shakopee City Code , Section 4.03 , is hereby amended, in its entirety, to read : Sec. 4.03. Building Permits . It is unlawful for any per- son to erect , construct , enlarge , alter, repair, move , improve , remove , convert , or demolish any building or structure, or any part or portion thereof , including, but not limited to, the plumbing , electrical , ventilating , heating or air conditioning systems , water wells and on-site disposal systems therein, or remove or displace any soil , ground or earth preparatory to any action, or cause the same to be done , without first obtaining a separate building permit for each such building or structure from the Building Official . Section 3 . Shakopee City Code, Chapter 4, is amended by repeal- Section 4.04 entitled "Plans and Specifications". Section 4. Shakopee City Code , Section 4.05 , is hereby amended , in its entirety, to read : Sec . 4.05. Permit Fees . Fees for building permits and in- spections shall be adopted by resolution of the Council and may be amended from time to time in the same manner. Provided , that a schedule of such fees , together with the effective date or dates thereof, shall be kept on file in the office of the Build- ing Official , available for distribution upon request therefor , and uniformly enforced as the same become effective. If such fees are based upon a determination of value or size of the pro- ject , a determination thereof shall be made by the Building Offi- cial . Such fee schedule shall provide for a separate plumbing, heating, or electrical permit and inspection fee where the work to be done is so confined. Section 5 . Shakopee City Code , Section 4.06 , is hereby amended, in its entirety, to read: Sec. 4.06 . Inspections . All construction or work for which a permit is required shall be subject to inspection by the Build- ing Official and certain types of construction shall have continu- ous inspection by special inspectors . The following rules concern- ing `surveys shall be followed : Ordinance No. 67 Page Two Subd. 1 . No building permit shall be issued for any building unless a survey of the lot upon which the building is to be erected is submitted and is prepared and attested by a registered surveyor and provides the following information: A. Scale of drawing. B. Lot and block number. C. Dimensions of lot and north arrow. D. Dimensions of front , rear, and side yards . E. Location of all existing buildings on the lot . F. Location of proposed building or construction (may be drawn by the developer and riot certified by the surveyor) . G. Location of stakes at the lot corners . H. The side yard and setback dimensions of buildings located on adjacent lots . I . The location of all recorded easements , both public and private. J. Grade elevations at the following points : 1 . Each lot corner (both existing and proposed . 2 . Crown of street at each lot line extended. 3. Top of curb at each lot line extended. NOTE: If no curb exists , blue tops to be established . 4. Proposed lawn and driveway elevations at all sides of :building. 5. Elevations of the top of foundation and garage floor. NOTE: Such elevations may be based upon an assumed datum. K. The proposed disposal of drainage and surface waters indicating direction of surface water drainage by arrows . Subd . 2 . The location of the proposed building on the lot shall be required to be drawn and attested to by a registered engineer if unusual circumstances deem it appropriate to insure the location ofthe building on the lot. Subd. 3 . The survey required in Subdivision 1 above may be waived by the City Engineer if all of the following conditions are met: A. If the lot is not in a recorded subdivision. B. If the lot is in excess of 22 acres . C. If the building will be no less than 30 feet from any property line. D. If the lot has a minimum of 150 feet of frontage. (If a corner lot, the distance of the shortest side must be greater than 150 feet) . - E. If the property is not zoned for commercial or industrial uses . Subd. 4. If all of the conditions set forth in Subdivision 3 are met , the developer must provide a plot plan which includes as accurately as possible as much of the information, required in Subdivision 1 , as practicable. The plot plan does not have to be certified by a registered surveyor. Section 6 . Shakopee City Code , Section 4.07 , is hereby amended, in its entirety, to read: Sec. 4.07 . Certificate of Occupancy. A temporary Certifi- cate of Occupancy may be issued by the Building Official for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. For residen- tial structures , the following minimum conditions must be met : Subd. 1 . Dwelling to be fully enclosed , sided and weather- tight . Subd. 2 . Electrical work to be completed in area occupied with all switch and receptacle plates on and main service panel completed with cover on.. • Ordinance No. 67 Page Three • Subd. 3. Sanitary facilities to be completed to a point where there is a kitchen sink and full bathroom with water closet , lavatory and bathtub or shower in operating condition with hot water necessary for their operation. Subd. 4. Area to be occupied will be provided with necessary light and ventilation. Sleeping areas to have proper escape windows and an approved smoke detector. Subd. 5. Heating system to be completed if dwelling is occupied during cold weather. Subd. 6 . Final inspection to be called for within one (1 ) year. Subd. 7. If the final inspection is not called for within six (6) months of issuance of the temporary Certificate of Occupancy, an additional permit fee equal to 25% of the original fee shall be charged . Section 7 . Shakopee City Code , Chapter 4, is amended by repeal- ing Section 4.08, entitled "Powers and Duties of the Building Official". Section 8. Shakopee City Code , Chapter 4, is amended by adding a Section :to read: Sec. 4.08. Special Requirements for Moving Buildings. Subd. 1 . Scope . This Section, and any other applicable provision of the City Code , applies whether the building or other structure proposed to be moved starts from a point of origin within or without the City, and has as its destination a point within or without the City, or whether the movement is merely through the City with both a point of origin and destina- tion without the City. Provided , that this Section shall not apply if movement is not over a public street or other public property, and provided further, that this Section shall not apply to moving any building 14 feet in width, or less . Subd. 2 . Application. In addition to the other required information to be furnished in the application for a building permit , the applicant shall provide the approximate size and weight of the structure or building proposed to be moved , together with the places from and to which it is proposed to move the same , and proposed route to be followed , proposed dates and times of moving, and the name and address of the proposed mover. Subd. 3. Permit . The permit shall state date or dates of moving, hours , routing , movement and parking. Permits shall be issued only for moving buildings by building movers licensed by the State of Minnesota. Subd. 4. Fees and Charges for Moving Buildings . In addi- tion to all other fees and charges payable for permits to move buildings , the applicant shall pay to the City in advance and prior to issuance of a permit , all estimated labor and material costs to be incurred by the City, including, but not limited to, police , utility changes , and street repairs . Any costs not included in the original estimate shall be paid by the permit holder after the work has been completed . Subd . 5. Unlawful Act. A. It is unlawful for any permittee under this Section to fail to strictly comply with the terms of the permit . B. It is unlawful for any person to move a building without a permit required by the terms of this Section. Section 9. Shakopee City Code , Section 4.40, is hereby amended , in its entirety, to read: Sec . 4.40. Housing Code . The Uniform Housing Code , 1979 Edition, published by the International Conference of Building Officials , is hereby adopted by reference as though set forth_. • • Ordinance No. 67 Page Four X1 verbatim herein. Three copies of said Code shall be marked CITY OF SHAKOPEE - OFFICIAL COPY and kept on file in the office of the City Administrator and open to inspection and use by the public. Section 10. Shakopee City Code , Chapter 1 , entitled "General Provisions and Definitions Application to the Entire City Code Includ- ing Penalty for Violation" and Sec . 4. 99 , entitled "Violation a Mis- demeanor' are hereby adopted in their entirety, by reference , as though repeated verbatim herein. Section 11 . After adoption, signing and attestation, this Ordi- nance shall be published once in the official newspaper of the City and shall be in effect on and after the date following such publication. Adopted by the City Council of Shakopee , Minnesota, held this day of , 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney R/iet-- MEMO TO: John Anderson City Administrator FROM: Don Steger City Planner RE: Subdivision Ordinance DATE: May 27, 1981 The newly adopted Subdivision Ordinance has been printed. Attached, for Council information, is a copy of the recently adopted Subdivision Ordinance . Also attached is a resolution commending the members of the Subdivision Ad Hoc Committee . Action Requested : Council adopt Resolution No. 1848, A Resolution Commending The Subdivision Ad Hoc Committee . j iw Attachments RESOLUTION NO. 1848 A Resolution Commending The Subdivision Ad Hoc Committee WHEREAS, the Shakopee City Council did adopt by Resolution No . 1608 on May 6, 1980, the establishment of a Subdivision Ad Hoc Committee to be comprised of representatives from the Industrial Commercial Commission, local building contractors , residential developers, legal profession, Planning Commission and City Council to help in the rewriting of the current Subdivision Ordinance ; and WHEREAS, Gary Eastland, represented industries; Cletus Link and Dick Wiggin, represented builders and contractors; Phil Kanning, represented the legal profession; Wynne Ventling, at large; Gloria Vierling, representative of the Shakopee Planning Commission and Dean Colligan, member of the City Council did willingly and with interest accept their appointment to the Subdivision Ad Hoc Committee; and WHEREAS, the Ad Hoc Committee did meet on numerous occasions to research, study, consider and rewrite the Subdivision Ordinance in an attempt to provide a new Subdivision Ordinance which would be to the advantage of local development ; and WHEREAS, the Ad Hoc Committee has made a recommendation to the Planning Commission and City Council for adoption of a newly revised Subdivision Ordinance; and WHEREAS, the City Council of the City of Shakopee did consider these recommendations and then adopt the new Subdivision Ordinance on April 26, 1981. NOW, THEREFORE, LET IT BE RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, does hereby thank and commend the members of the Subdivision Ad Hoc Committee for their time, efforts and dedication in rewriting the newly adopted Subdivision Ordinance. Y . � Resolution No. 1848 Page Two Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981. City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution of Appreciation to Stan Von Bokern DATE: May 27 , 1981 Introduction Pursuant to your request , I have prepared the attached resolution of appreciation to Stan Von Bokern in thanks for his twelve years of service on the Shakopee Police Civil Service Commission. Recommended Action Offer Resolution No. 1847 , A Resolution of Appreciation To Stan Von Bokern, and move its adoption. JSC/jms RESOLUTION NO. 1847 A RESOLUTION OF APPRECIATION TO STAN VON BOKERN WHEREAS , Stan Von Bokern has served on the Shakopee Police Civil Service Commission from February of 1969 until May of 1981 ; and WHEREAS, Stan Von Bokern was elected to serve as Chairman of the Shakopee Police Civil Service Commission on a number of occasions during his tenure on the Commission; and WHEREAS, Stan Von Bokern has unselfishly contributed many hours of service to the City of Shakopee during his twelve years on the Shakopee Police Civil Service Commission. NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL OF SHAKOPEE, MINNESOTA, on behalf of the residents of Shakopee , the Shakopee City Council does hereby extend to Stan Von Bokern its appreciation of the City for his many years of civic interest and dedicated service to our community. Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1981 . Mayor of the City of Shakopee ATTEST:_ City Clerk Approved as to form this day of , 1981 . City Attorney d � • U v MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Parking in Block 57 , Original Shakopee Plat DATE: May 29, 1981 Introduction Pursuant to Council direction, Mr. Rod Krass has prepared the attached resolution establishing a time limit for negotiation of redevelopment and assessment agreements dealing with a parking lot to serve the Hospital and the County offices . Recommended Action Offer Resolution No . 1849, A Resolution Establishing A Time Limit for Negotiation of Redevelopment and Assessment Agreements , And move its adoption. jc RESOLUTION NO. 1849 d A RESOLUTION ESTABLISHING A TIME LIMIT FOR NEGOTIATION OF REDEVELOPMENT AND ASSESSMENT AGREEMENTS WHEREAS, the City Council of the City of Shakopee has determined that it is in the best interests of Shakopee citizens and residents that a parking lot be established on Block 57, Original Plat of the City of Shakopee; and WHEREAS, the City Council of the City of Shakopee desires to establish surface parking on said Block 57, while holding open the possibility of future development on said Block in the form of a tax increment finance project; and WHEREAS, the future option of a tax increment finance project will require the City of Shakopee and the Shakopee Housing and Redevelopment Authority to enter into certain contracts and agreements with both the County of Scott and St. Francis Hospital ; and WHEREAS, it is anticipated that the negotiation and entering into said contracts is an extensive process which will require approximately three months' time; and WHEREAS, it is the intent of the City Council of the City of Shakopee to proceed with the construction of surface parking on Block 57 as part of an agreement with County of Scott and St. Francis Hospital which will hold open the possibility of future development on Block 57, or if that is not possible, to proceed with the construction of said surface parking pursuant to Minnesota Statutes Chapter 459, and 429; NOW, THEREFORE, be it resolved by the City Council of the City of Shakopee as follows: 1. That the City staff is hereby authorized and directed to meet with and negotiate with the County of Scott and St. Francis Hospital for the purpose of entering into the necessary agreements which shall cause the construction of a surface parking lot on Block 57, whole holding open the option of future private development of said Block consistent with maintaining the same number of parking stalls available if the entire Block continued to be surface parking. If all required agreements are not negotiated and signed by St. Francis Hospital and the County of Scott on or before the 1st day of September, 1981, the City staff is authorized and directed to proceed with the acquisition of Block 57 and the construction thereon of surface parking under the authority granted in Minnesota Statutes Chapter 459 and 429. Adopted this day of June 1981 . C/ Walter C. Harbeck, Mayor ATTEST: City Clerk Prepared and approved as to form Phillip R. Krass Ass ' t. City Attorney s ' RIALvQ.J:e9 cl RESOLUTION NO. 1846 A RESOLUTION ADOPTING A PROCEDURE FOR CONSIDERING WATERMAIN FEASIBILITY REPORTS WHEREAS, the City of Shakopee has an established Utility Commission which is empowered to operate the water utility of the City of Shakopee ; and WHEREAS, City Council Resolution No . 1665 establishes procedures for water projects ordered by the City Council , under Chapter 429 of Minnesota Statutes or otherwise . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that in furtherance of the above referenced resolution, that the following procedure is hereby established in considering staff reports and making policy decisions relating to water projects , particular) Minneosta Statutes 429 assessment projects : 1 . Preparation of Engineering staff feasibility report listing alternatives and/or recommendations . 2 . Utility Commission reviews report and adopts the recommendations, other alternatives , or otherwise modifies the Engineering staff report. 3. Council reviews Engineering staff report with its alterna- tives and recommendations and also the Utility Commission recommendations . The Engineering staff report recommendations are not changed. 4. If Council questions any difference between the Engineering staff recommendations and those of the Utilities Commission, and if not satisfied with, or clear about the reasons or thinking behind the Utility Commission ' s recommendations or modifications, a joint meeting between the Council and the Utility Commission shall be held in order that an agreeable alternative might be selected. Adopted in session of the City Council of the City of Shakopee , Minnesota held this day of 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of June, 1981 . City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution No. 1846, Adopting a Procedure for Considering Watermain Feasibility Reports DATE: May 27 , 1981 Introduction Pursuant to your request, I have prepared the attached resolution adopting a procedure for considering Watermain Feasibility Reports of watermain M.S. 429 projects . Recommended Action Offer Resolution No. 1846 , A Resolution Adopting A Procedure For Considering Watermain Feasibility Reports , and move its adoption. JSC/jms, .. . . .. • 3 Q RESOLUTION SO UTION N0. 1846 A RESOLUTION ADOPTING A PROCEDURE FOR CONSIDERING WATERMAIN FEASIBILITY REPORTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following procedure is hereby established in considering staff reports and making policy decisions relating to water projects , particularly Mn. Statutes 429 assessment projects : 1 . Preparation of Engineering staff feasibility report listing alternatives and/or recommendations. 2 . SPUC reviews report and adopts the recommendations , other alternatives , or otherwise modifies the Engineering staff report . 3. Council reviews Engineering staff report with its alterna- tives and recommendations and also the SPUC recommendations . 4. If Council questions any difference between the Engineering staff recommendations and those of SPUC , and if not satisfied with, or clear about the reasons or thinking behind the SPUC recommendations or modifications , a joint meeting between the Council and SPUC shall be held in order that an agreeable alternative might be selected . Adopted in session of the City Council of the City of Shakopee , Minnesota held this day of 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney g•e • MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier CityEngineer gineer RE: Kmart Tax Increment - On Site Improvements Landscaping and Irrigation Contract DATE: May 29, 1981 Introduction: The City of Shakopee received and opened bids for the above-referenced project, pursuant to the Redevelopment Agreement with Kmart Corporation. Background: The City forwarded the proposals to M. A. Mortenson for review and recommendation and attached is that recommendation for award of the contract to Hoffman-MacNamara Company. Recommendation: Adopt Resolution No. 1850, A Resolution Awarding Bids For the Landscaping And Irrigation Contract to Hoffman-McNamara Company HRS/jiw Attachment IP 0 M. A. MORTENSON COMPANY GENERAL CONTRACTORS • 700 MEADOW LANE NORTH MAILING ADDRESS: PO.BOX 710•MINNEAPOLIS,MINNESOTA 55440•TELEPHONE(612)377-2630 May 27, 1981 City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Re: Kmart Distribution Center Shakopee, Minnesota Landscape Contract Gentlemen: We have reviewed the four (4) landscape proposals submitted to the City and find that all meet the requirements of the plans and specifications. Based on our investigation of the low bidders clarification, we recom- mend that the contract be awarded to Hoffman and McNamara Company, Inc. in the amount of $123,649.00. If you have any comments or questions, please contact me. Very truly yours, ii---.19 707,(\,, __2 David G. Turney 2.,,, I a DGT:lo g ��' 11 ? I 4cril,F Off, V & i s\ t' I INNE .'_ E RESOLUTION No. 1850 A Resolution Awarding Bids For Kmart Landscaping and Irrigation WHEREAS, pursuant to an advertisement for bids for Kmart Landscaping and Irrigation on Lot 1, Block 1, Valley Park 3rd Addition, bids were received opened and tabulated according to law, and the following bids were received complying with the advertisement: Hoffman-McNamara Company $123,649 Minnesota Valley Landscape, Inc. 128,990 Mickman Brothers 158,902 Natural Green, Inc. 174,890 AND WHEREAS, it appears that Hoffman-McNamara Company, 2601 Glendale Road, Hastings, Minnesota 55033 is the lowest responsible bidder; and WHEREAS, the General Contractor, M. A. Mortenson has recommended award pursuant to the Redevelopment Agreement. NOW, THEREFORE, LET IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Hoffman-McNamara in the name of the City of Shakopee for Kmart Lanscaping and Irrigation according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk, provided, however, that said contract shall not be entered into until Kmart and the general contractor have read, agreed to and ratified the attached contract. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981. City Attorney SH2 Councilmember • introduced the following resolution and moved its adoption : RESOLUTION NO. 1851 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $940 ,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1981, SERIES A BE IT RESOLVED by the Council of the City of Shakopee, Minnesota, as follows : 1. Bond Authorization. This Council has hereto- fore ordered the local improvements designated below to be constructed in or acquired by the City, and has contracted or will contract for the construction or acquisition of each said improvement, pursuant to Minnesota Statutes, Chapter 429. The designation and estimated total cost of such improvements is as follows: Project Designation Estimated Cost 3rd Avenue Watermain (80-5) $ 48, 178 • Weinandt 1st Addition (80-9) 67 ,506 Halo 2nd Addition (80-10) 118,600 County Road 16 Utilities (80-4) 475,205 Highway 101 Watermain (80-11) 219,296 It is hereby found and determined that it is necessary and expedient for the City to issue and sell its General Obligation Improvement Bonds of 1981, Series A, in the principal amount of $922,500 to finance the cost of said improvements, pursuant to Minnesota Statutes, Chapter 429; and to obtain the best bid for said bonds at public sale, to sell and issue an additional $17,500 principal amount of like bonds representing interest together with said bonds , pursuant to Minnesota Statutes, Section 475. 56 . 2 . Terms of Sale; Notice . Springsted Incorporated, bond consultant to the City, has presented to this Council a form of Official Terms of Offering and a form of Notice of Sale for publication, which are attached hereto and shall be placed on file in the office of the City Administrator. Each and all of the provisions of the Official Terms of Offering are hereby adopted as the terms and conditions of said bonds and of the sale thereof, and shall be made available to all prospective purchasers of the bonds . The City Administrator • is authorized and directed to cause the Notice of Sale to be published once in the official newspaper of the City, and once in the Commercial West, a financial periodical published in Minneapolis, at least ten days before the date of sale specified in the Notice of Sale. 3 . Sale Date . This Council shall meet on Tuesday, July 7, 1981, at 8:00 P.M. , to receive, open and consider sealed bids for the purchase of the bonds, and to take such action thereon as is deemed in the best interests of the City. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following members voted in favor thereof: and the following members voted against the same: whereupon said resolution was declared duly passed and adopted. mak 1 NOTICE OF SALE City of Shakopee Scott County, Minnesota $940,000 General Obligation Improvement Bonds of 1981, Series A These Bonds will be offered for sale on sealed bids on Tuesday, July 7, 1981 . Bids will be accepted by the undersigned until 8: 00 P.M. , Central Time, at the City Hall, when they will be opened and acted upon by the City Council. The Bonds will be dated August 1, 1981, will bear interest payable semiannually commencing August 1, 1982, and will mature on February 1 in the following years and amounts: Year Amount 1983-1990 05 ,000 1991-1992 $90,000 Bonds maturing on or after February 1, 1988 , will be subject to redemption prior to maturity on February 1, 1987 and any interest payment date thereafter at par plus accrued interest. Bidders must specify a price of not less than $922 ,500 plus accrued interest, and interest rates not exceeding 12% per annum. A legal opinion will be furnished by Messrs . Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis and St. Paul, Minnesota . The proceeds will be used to finance various local improvements within the City. Bidders should be aware that the Official Terms of Offering to be published in the Official Statement for the Offering may contain additional bidding terms and information relative to the Issue. In the event of a variance between statements in this Notice of Sale and said Official Terms of Offering, the provisions of the latter shall be those to be complied with. Dated: June 2 , 1981. BY ORDER OF THE CITY COUNCIL John K. Anderson City Administrator SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS • • RECOMMENDATIONS FOR CITY OF SHAKOPEE, MINNESOTA $940,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1981, SERIES A • • STUDY NO. 2146 28 May 1981 SPRINGSTED Incorporated • • V 4VA SPRINGSTED INCORPORATED „ PUBLIC FINANCE ADVISORS • 28 May 1981 Mayor Walter Harbeck Members, City Council Mr. John Anderson, City Administrator Mr. Greg Voxland, Finance Director City of Shakopee Shakopee, Minnesota RE: Recommendations for Issuance of $940,000 General Obligation Improvement Bonds of 1981, Series A In discussions with Mr. Anderson and Mr. Voxland, it has been determined necessary to fund a series of projects which are in various stages of completion. We have shown below the projects to be financed by this proposed bond issue, the total amounts of that financing and the composition of the suggested bond amount. Project 80-5 (3rd Ave. Water) Construction $ 33,360 Engineering 1 I ,260 Project 80-9 (Weinandt 1st. Add) Construction 51 ,930 Engineering 11 ,800 Project 80-10 (Halo 2nd Add) x• Construction 88,000 Engineering 23,200 Project 80-4 (Co. Rd. 16 Utilities) Construction (Estimated) 407,000 Engineering 56,200 • Project 80-11 (Hwy. 101 Watermain) Construction 171 ,000 Engineering 40,500 Subtotal Construction Costs $894,250 • Add: Administrative Charges 22,735 Issuance Costs 11 ,800 Allowance for Discount 17,500 Total Requirements $946,285 • Less: Investment Earnings (6,285) Net Issue Requirements $940,000 • 800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222-4241 • Recommendations - City of Shakopee, Minnesota 28 May 1981 Page 2 • Contracts have been awarded on all projects except Project 80-4, the County Road 16 Utility Project. It is our understanding that bids will be taken on that project on July 2, 1981 and that the project had been formally ordered for construction by the City Council. For the purposes of developing this bond issue we have used the City Engineer's construction estimate for the project. In the event actual bids should be less than the amount provided in this bond issue for the project, the excess moneys can be used to fund additional projects which are currently under consideration by the City and which may have to be included in a second bond issue to be sold later in 1981. We have attached a schedule of projected special assessment income from the five projects included in this bond issue. It is our understanding that Projects 80-5 and 80-9 were special assessed on October 21,1980, with first collection in 1982 over a 10-year period. The interest rate on those special assessments was established at 8.75% and we have assumed that the first year's payment in 1982 will include accrued interest from date of filing of October 21, 1980 through December 31, 1982. We have further assumed that Project 80-10 was assessed on May I, 1981 for collection between 1982 through 1991, also at a rate of 8.75% interest on the special assessments. We have further assumed that Projects 80-4 and 80-I1 will be assessed on August 18, 1981 again for a 10-year collection period beginning in 1982 and continuing through 1991. We have assumed these projects will carry an interest rate on unpaid assessments of 11.50%, which rate was established at 2% above the estimated rate to be received on the bonds. In the event that rate should be changed from 11.50%, it would affect the projection of assessment income as provided in the attached schedule. In developing the projected assessment income schedule we assumed all payments would be collected in their normal sequence and we made no allowance for any possible prepayments or delinquencies. We offer no opinion as to whether the assessments are or will be valid or will be collected in the years and amounts herein estimated. We assume you have examined these assessments in light of recent rulings of the Minnesota Supreme Court relative to matters of assessments and that you are aware of the fact that to the extent • payment of this issue cannot be met from special assessment income, additional levies beyond those shown upon the entire assessed valuation of the City will be required. We have also attached as Schedule A the recommended maturity schedule for this bond program. The bonds will be dated August 1, 1981 and will mature on • February I, 1983 through 1992. We have shown in Column 5 the estimated combined principal and interest requirements in each year, while Column 6 indicates the total of those annual payments plus the 5% overlevy which is required by State law. To the extent that you are able to develop and maintain a 5% surplus in any year over the next year's annual debt service requirements, the 5% overlevy may be discontinued. We have also shown in Column 7 the • annual assessment income as taken from the projections attached. Columns 8, 9 and 10 of the attached Schedule A relate to the possible need for • • • • • • • Recommendations - City of Shakopee, Minnesota 28 May 1981 Page 3 small tax levies by the City in support of this bond program. Column 8 indicates the annual surplus or deficit which will exist after reducing 105% of annual debt service requirements by the annual special assessment income. You will note that small levies are required each year from 1983 through 1990, and the total of those levies is estimated at $21,004. To the extent that you will be able to reduce the reliance on the 5% overlevy, all or a major part of this levy may be unnecessary. At the time of the sale we will compute the actual requirements of the levy based on the actual interest rates received, and that required levy, if any, will be submitted to the county auditor for annual collection. In the event the City wishes to change that levy in any year, the Council will be required to pass a resolution instructing the auditor as to the change desired. There are several reasons why this project is not fully supported by the projected special assessment income. One is that three of the projects totaling $234,296 were special assessed at 8.75%, or approximately 3/4% below the anticipated rate on the bonds. In addition, we have not provided in the special assessment projected totals any provision for issuance cost. If you wish to include issuance costs in these special assessments for those projects for which assessments have not been filed it would increase the total assessment principal by approximately $8,785. That amount of money, at an 11.50% interest rate over 10 years would equal nearly the amount of the projected total levy requirements. Also, as indicated hereinbefore, to the extent the 5% overlevy is not required in any year, the City conceivably could develop a total surplus from this issue. The first interest payment on this issue will be due on August I, 1982 in an estimated amount of $86,950. We did not make any provision in the bond issue for capitalized interest, since three of the five projects financed have already been assessed and the other two projects will be assessed within 18 days of the date of these bonds. Therefore the only resource the City will have to meet the $86,950 interest payment is the estimated $73,675 of interest income from the first-half 1982 assessment collections and an estimated $45,850 of the principal from the first-half 1982 special assessment collection. A second interest payment in an estimated amount of $43,475 will be due on February I, 1982 together with a $95,000 principal payment. The total of these payments representing an estimated $225,425 should be available from the estimated $239,051 of special assessment collections, assuming no delinquencies. That would provide a small annual surplus, therefore eliminating the need for a tax levy in 1982. We have provided for an early redemption feature on this bond issue. We have reserved the right for the City to elect on February I, 1987 and on any interest payment date thereafter to prepay bonds due on or after February I, 1988. This would permit you to refund $465,000 of the total bond issue or 49% of all bonds, as early as 1987 in the event interest rates should dramatically drop. • We are recommending the Council authorize us to seek a rating on your behalf from Moody's Investors Service of New York. We would anticipate that your current rating of "A" would be continued for this program. We will again make • • Recommendations - City of Shakopee, Minnesota 28 May 1981 Page 4 • an attempt to upgrade the rating to "A-1", but due to Moody's reluctance to increase that rating during the past two years, we are not optimistic about upgrading at the present time. Moody's will bill you directly the cost of the credit evaluation and we have made an allowance in the bond issue for that fee. Springsted Incorporated will provide Moody's all the information necessary for them to make that evaluation. We are further recommending that bids be opened on this issue at your regular meeting on Tuesday, July 7 at 8:00 P.M. A member of our firm will be in attendance at that meeting to assist you in the details of the sale. Respectfully submitted, 28 May 1981 SPRINGSTED Incorporated BY:f d / ► I '14„Attid., Robert D. 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A E o 0 0 Cal C) Ca Q o F Ua OD ul VD r co 010 el .X CO F.)Q COO OD aO CO CO N 0 CO CO 0101 CA H Q 4-4 F ..)W 01 01 01 01 0)0)Ch CA 0101 Z m Z -)>. .y.y.-1,4.4.-1.4.-1.4.y 000 v a E O.aa:> O H a 0 z a 1 .-1 N r' ' 'u,1Dr OD 010 E. FZ Da. H Q1 m OD DD CO aD OD OD co co 01 ..a 0.1 I 011 01 01 CA Ol 01 01 01 01Ca 0) U Ca.£-r 1"'1 N I .-1.y.y.y.-1.-1.-1.--I.-1.y [a I • • OFFICIAL TERMS OF OFFERING $940,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS OF 1981, SERIES A • Sealed bids for the Obligations shall be opened by the City Council on Tuesday, July 7, 1981, at 8:00 P.M., Central Time, at the City Council chambers. Consideration of the bids for award of the Obligations shall immediately follow the opening of bids. DETAILS OF THE OBLIGATIONS The Obligations shall be dated August I, 1981 and shall bear interest payable on August I and February I of each year, commencing August I, 1982. The Obligations shall be general obligations of the Issuer for which the Issuer shall pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the Issuer shall pledge special assessments levied against benefited properties. The Obligations shall be in the denomination of $5,000 in coupon form and non-registrable. The proceeds shall be used to construct various public improvements within the community. The Obligations shall mature February I, in the amounts and years as follows: 95,000 1983-1990 90,000 1991-1992 The Issuer may elect on February I, 1987, and on any interest payment date thereafter, to prepay Obligations due on or after February I, 1988. Redemption may be in whole or in part of the Obligations subject to prepayment. If redemption is in part, those Obligations remaining unpaid • which have the latest maturity date shall be prepaid first and if only part of the Obligations having a common maturity date are called for prepayment the specific Obligations to be prepaid shall be chosen by lot by the Paying Agent. All prepayments shall be at a price of par and accrued interest. TYPE OF BID A sealed bid for not less than $922,500 and accrued interest on the total principal amount of the Obligations shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to the time set for bid opening a certified or cashier's check in the amount of $9,400 payable to the order of the Issuer shall have been filed with the undersigned or SPRINGSTED Incorporated, the Issuer's Financial Advisor; no bid will be considered for which said check has not been filed. Said check of the Purchaser shall be retained by the Issuer as liquidated damages in the event the Purchaser fails to comply with the accepted bid. No bid shall be withdrawn after the time set for opening bids, unless the meeting of the Issuer scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Obligations having been made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of 1%. • No rate for a maturity shall exceed the rate specified for any subsequent maturity by more than 1.5%. No rate nor the net effective rate for the entire Issue of the Obligations shall exceed 12%. Obligations of the same maturity shall bear a single rate from the date of the Obligations to the date of maturity and additional coupons shall not be used. AWARD • The Obligations shall be awarded to the Bidder offering the lowest dollar interest cost to be • • determined by the deduction of the premium, if any, from, or the addition of the discount, if any, to, the total dollar interest on the Obligations from their date to their final scheduled maturity. The Issuer's computation of the total net dollar interest cost of each bid, in accordance with customary practice, shall be controlling. • The Issuer shall reserve the right to: (i) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Obligations, (ii) reject all bids without cause, and, (iii) reject any bid which the Issuer shall determine to have failed to comply with the terms herein. PAYING AGENT The Purchaser may name the Paying Agent but shall do so within two business days after the award of the Obligations. In the event of failure by the Purchaser to name the Paying Agent within said time the Issuer shall do so. The Issuer shall pay reasonable and customary charges for the services of the Paying Agent. An alternate Paying Agent may be named by the Purchaser in the same manner as the principal Paying Agent is named, provided that there shall be no additional cost to the Issuer. CUSIP NUMBERS - If the Obligations qualify for assignment of CUSIP numbers such numbers shall be printed on the Obligations, but neither the failure to print such numbers on any Obligation nor any error with respect thereto shall constitute cause for failure or refusal by the Purchaser to accept delivery of the Obligations. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. • SETTLEMENT Within 40 days following the date of their award the Obligations shall be delivered without cost to the Purchaser at a place mutually satisfactory to the Issuer and the Purchaser. Delivery shall be subject to receipt by the Purchaser of an approving legal opinion of Dorsey, Windhorst, Hannaford, Whitney & Halladay of Saint Paul and Minneapolis, Minnesota, which opinion shall be printed on the Obligations, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Obligations shall be made in federal, or equivalent, funds which shall be received at the offices of the Issuer or its designee not later than 1:00 P.M., Central Time of the day of settlement. Except as compliance with the terms of payment for the Obligations shall have been made impossible by action of the Issuer, or its agents, the Purchaser shall be liable to the Issuer for any loss suffered by the Issuer by reason of the Purchaser's non- compliance with said terms for payment. At settlement the Purchaser shall be furnished with a certificate signed by appropriate officers of the Issuer to the effect that the Official Statement prepared for the Obligations did not as of the date of the Official Statement, and does not as of the date of settlement, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the • statements therein, in light of the circumstances under which they were made, not misleading. OFFICIAL STATEMENT Upon request to the Issuer's Financial Advisor prior to the bid opening underwriters may obtain a copy of the Official Statement. The Purchaser shall be provided with IS copies. • Dated June 2, 1981 BY ORDER OF THE CITY COUNCIL /5/ John K. Anderson City Administrator • v i v s a ra n A UP Jr Jr/ •m3 # • j : 'CD-4 129 East First Avenue, Shakopee, Minnesota 55379 4M , I MEMO • TO: John Anderson, City Administrator FROM: LeRoy Houser, Building Official SUBJECT: FENCES DATE: May 26 , 19 81 BACKGROUND : Historically , fences , which are defined as structures, have been erected for the purpose of enclosing a piece of land or to divide two separate contiguous estates . The main reasons for erecting fences in residential areas in the City of Shakopee is to prevent intrusion frcrn without or straying from within, to denote boundary lines , to add archituctual appeal to a site , to screen sites from view from without or screen sites from within, to provide privacy or in many cases infer, "this is my property line, do not cross it . " Any one of the above reasons for erecting a fence in a residential area can and has caused considerable problems for city staff. As you know the City Council has omitted permit requirements for fence erection. Throughout the year, city staff is constantly called to referee boundary line disputes. Approximately forty hours per year is spent on trying to find property pins and prevent mayhem. if we do not respond when the residents ask for our assistance then they call the elected officials and complain we are not re- sponsive to their needs so what are we being paid for. ALTERNATIVE : 1 . Adopt a policy where we , under no circumstances get involved with boundary line or fence disputes - this will still pose a problem for elected officials as they will still get calls from residents. 2. Assist the property owner when he calls , in finding his survey stakes. If they are not there , require him to get a survey before erecting the fence . This would cost the city about $20 . 00 per call . If we do not succeed in locating them and the property owner has to secure a survey, it will probably cost him $175 . 00. This is what we presently do . John Anderson Page 2 May 26, 1981 3. Adopt a fence ordinance and permit requirement spelling out when required ( swimming pools) , type of materials, maximum height, location , setbacks, etc . Require applicant to establish boundary lines before securing permit. This would cost the resident survey costs or his time in searching for the pins. Survey cost, would be ropproxi.mate $175 .00 or time involved could amount to two or three hours on his part . I recommend a permit fee of $20.00. RECOMMENDATION: I recommend Alternate #3 . It would provide for compensation by the user for staff time and would il] iminate staff refereeing neighbor disputes. REQUESTED ACTION: Direct staff to draft a fence ordinance that incorporates a permit fee of $20.00 to be presented at the next regular Council meeting. LFH :plk PS qb MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Hazardous Waste Siting Panel Trip for LeRoy Houser DATE: May 21 , 1981 Introduction On Tuesday, May 19 , 1981 , a Mr. Fell from Genstor Conservation Systems , Inc. called me to ask if LeRoy Houser could serve on a Hazardous Waste Siting Panel to be presented at Michigan State University on June 3 and 4, 1981 by their department of Toxicology. Background LeRoy has made similar trips in the past when the group/company inviting him has paid for his expenses and lost salary. Mr. Fell has agreed to do the same if we approve his attendance. Mr. Fell is sending a letter confirming the above and will include a program agenda too. Action Requested Authorize LeRoy Houser' s attendance at a Hazardous Waste Siting Panel at Michigan State University for two days as a panel member, at no cost to the City. JKA/jms C7C.i MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: K-Mart Project Tax Increment Project - Pumphouse DATE: May 26 , 1981 Introduction We have received the attached letter from Ken Adolf, Schoell & Madson, Inc. , requesting (1) an extension on their Professional Services Agreement from July 1 , 1981 to July 2 , 1982 and (2) Authorization to proceed on plans and specifications for the pumphouse for Well No. 6. Background In reviewing the two requests with the City Engineer, he feels that the need for an extension on the contract was not caused by the project engineer and that both requests should be approved. The pumphouse proJect will probably take one full year. The original Service Agreement is available. Please call if you would like a copy. Action Requested 1 . Authorize the proper City official to amend the City' s Pro- fessional Services Agreement with Schoell & Madson, Inc. dated September 14, 1979 from July 1 , 1981 to July 2 , 1982 . 2. Authorize Schoell & Madson Inc. to proceed with the design of the pumphouse pursuant to the Professional Services Agreement dated September 14, 1979. JKA/jms 9 A3•: D �/ WILLIAM D. SCHOELL ! G CARLISLE MADSON MAY 1 5 1981 JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN E LARRY L. HANSON _ SCHOELL & MA MP . E JACK E. GILL THEODORE D. KEMNA ENGINEERS AND SURVEYORS JOHN W. EMOND KENNETH E.ADOLF MY WILLIAM R. ENGELHARDT R. SCOTT HARRI (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 GERALD L. BACKMAN May 14, 1981 City of Shakopee c/o Mr. John K. Anderson, Administrator 129 East First Avenue Shakopee, Minnesota 55379 Subject: K-Mart Tax Increment Projects Gentlemen: The Professional Services Agreement for our services for the subject project .states in Section 1-A. 4 that the services shall be completed by July 1, 1981. Portions of this project were postponed for reasons beyond our control. We now expect that the last project, Pumphouse for Well No. 6 , will be completed by July 1, 1982 , and are, therefore, requesting a time extension for the Agreement. Section 1-A. 3 states that we shall be authorized in writing by the City Administrator before proceeding on any work. We had not interpreted this to mean receiving authorization for each individual project. However, if this is the case, we now request authorization to proceed on plans and specifications for the pumphouse. Very truly yours, SCHOELL & MADSON, INC. KEAdolf:mkr ' ��5 aiot, cc: Shakopee Public Utilities Commission 9• /MEMO TO: John Anderson c, City Administrator Ai FROM: H. R. Spurrier City Engineer A RE: Kmart Tax Increment District - Fencing Contract DATE: May 19, 1981 Introduction: The City of Shakopee, Minnesota has administered the contract for the Housing and Redevelopment Authority for the Fencing Contract for the Kmart Tax Increment District. Background: M. A. Mortenson Company has approved and recommended Change Order No. 1, a change order which reduces the amount of the contract and establishes the total compensation for Crowley Fence Company, Inc. The contract administrator, M. A. Mortenson Company, has recommended payment of the retained funds, which amounts to $2,802.00. City staff recommends that prior to disbursement of the retainage, the City be in receipt of a sworn construction statement specifying those sub-contractors which had an interest in the contract and then lien waivers from all sub- contractors. Recommendation: City staff recommends that: 1) Council approve Change Order No. 1 for the Fencing Contract, Contract No. K1980-1 which provides for a revision to the class of fabric and deletes the L.P. storage fencing and reduces the amount of the contract $8,800.00. 2) That the City authorize final payment in the amount of $2,802.00 upon receipt of a sworn construction statement and lien waivers from the contractor HRS/jiw Attachment: Change Order No. 1 +� �� ' a(/� • '� • CHANGE ORDER / a Change Order No. : 1 Project Name: The Fencing Contract -..�. Date: ' February 17, 1981 Contract No. : K1980-1 Original Contract Amount $ 64 , 835. 00 Change Order(s) No. thru No. $ -0- Total Funds Encumbered Prior to Change Order $ _ 64 LOA I Val t' ' v - Description of Work to be (Added/Deleted): t\.Y 1. Revise fabric galvanizing from Class II to ClassMAR 4098t 2. Delete L.P. storage fencing. M. A. MORTENSON The above described work shall be incorporated in the Contract, r-eferenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be x we /decreased) by $ 8 ,800. 00 . The number of calendar days for completion shall be (increased/decreased) by N/C . Original Contract Amount $ 64 ,835 . 00 Change Order(s) No. 1 thru $ (8 ,800. 00) Total Funds Encumbered $ 56 ,035. 00 Completion Date: January 31, 1981 The undersigned Contractor hereby agrees to perform the ork specified in this Change .Order in accordance with the specifications, conditions . nd prices specified herein. tr 'i],/ Contractor: �,/t/ai 6- ' /74/(: C (.) f',��1 . By: L,. K • Title: �,r/,' . Date: ,2 (%l,r(, / f, ? / AP' OVED I REC uWu ►'PED: Iq0 Kmart Corpo a io ity l in-er \ Da+e By: f r Approv=. - City of Shakopee Title: pr ,3/9* Date Mayor Date M. A. Moiaiggp7py i City Administrator Date By: Title: Project Manager 2/ /81 City Clerk Date Dat/e Approved as to form this day of , 19 . City Attorney bb RESOLUTION NO. 1852 A RESOLUTION ACCEPTING WORK ON THE K-MART TAX INCREMENT PROJECT - FENCING WHEREAS, pursuant to a written contract signed with the City on August 12 , 1980, Crawley Fence Co . , Inc . , Minneapolis , Minnesota, has satisfactorily completed the fencing contract for Lot 1, Block 1, Valley Park Third Addition, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Cleik and Mayor are hereby directed to issue a proper order for the final payment on such contract , in the amount of $2 , 802 .00, taking the contractor ' s receipt in full , upon receipt of lien waivers from all sub-contractors . Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of June,1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of June , 1981. City Attorney MEMO TO: Mayor & City Council FROM: John K. Anderson, City Administrator RE: Letter of Agreement for Planning Services DATE: May 29, 1981 Introduction: In February City Council approved a three month agreement for planning services with Glenda Spiotta (agreement attached) . There were two projects assigned to Glenda: (1) the CBD project start-up, which has been successfully completed and (2) the Five Year Capital Improvement Program. It now appears that we will need 25-30 more hours to successfully complete the second project, the Five Year Capital Improvement Program. Background: Glenda has done a good job on both projects and it would be very helpful if her contract (letter of agreement) can be extended for one month (25-30 hours) to provide us with a final Five Year Capital Improve- ment Program. I believe the continuity that we would loose, if she left, would jeopardize timely completion of the project. Gregg and I have tied it into the 1982 budget calendar so City Council can review the projects in a timely fashion. The work remaining is covered in the attach- ed letter from Glenda. This project is also grant supported and we 'd like to finish it by June cr July. Action Requested: Approve a one month extension of the City' s February 13, 1981 Letter of Agreement for Planning Services with Glenda Spiotta. JKA/jsc • AgAli CITY OF SHAKOPEE io INCORPORATED 1870 t 129 E. First Ave. • Shakopee, Minnesota 55379 (612) 445-3650 4/V{i�OF P i ,,k February 13 , 1981 Ms . Glenda Spiotta 1164 Merrifield Court Shakopee , MN 55379 Re : Letter of Agreement for Planning Services Dear Ms . Spiotta : This letter will serve as a formal agreement between yourself and the City of Shakopee establishing certain planning services to be performed for the City and setting forth compensation for said services . The City would like to secure your services to work on two major projects : (1) A Five Year Capital Improvement Program (CIP) and , (2) A Redevelopment Strategy for the CBD. For the CIP the City requests that you establish an approved program, of work as step number one and that the program outline the steps required to arrive at a final report . For the Redevelopment Strategy the City requests that you establish a report outlining alternative strategies for CBD redevelopment in cooperation with the City HRA, Chamber of Commerce and CBD business community . It is anticipated that you will concentrate on the organizational aspects of this latter task. While working for the City you will function in a staff capacity and report to the City Administrator who will approve all work products . The City will provide you with work space and supplies . It is understood that you will work an estimated three (3) days per week, and be compensated at the rate of $10 per hour upon submission of monthly invoices re- flecting actual time worked . This agreement shall be for a three month period beginning February 16, 1981 . At the end of said period The Heart of Progress Valley An Equal Opportunity Employer . s . Glenda Spiotta 1) .-12 2 February 13 , 1981 Page Two the approved schedule of work for the CIP and the outline of redevelopment strategies shall be reviewed to determine the need , if any , for continuing the agreement . Sincerely , ,'- ti • -(-7 la t'`----- — John K. Anderson City Administrator JKA/jms cc : Project File Accepted by: 4e../_..,--,. ..) ..6") , ' ÷--(-4f--- -1 ,-1-G-«-e .�-/__ /i1 19e/ Date To: John Anderson, City Administrator From: Glenda D. Spiotta RE: Planning Services Contract February 16, 1981 to flay 15, 1981 Date: flay 29, 1981 As of this date I have completed the work tasks described in my contract for planning services and subsequent progress reports submitted to you. I will provide a summary statement with my invoice on June 2, 1981. At today 's Capital Improvements Program Committee meeting, several items were identified which need immediate attention in order to meet the City 's annual budget timeline. I propose the following outline of work tasks , completion dates and approximate time allocation; the continuity of my involvement may be significant to a timely completion of the Capital Improvement Program. I am quite willing to commit the extra time necessary to continue work on the City 's development of capital improvement programming. Work Task Completion Date Time Develop Project Rating Sheet Apply Project Rating Criteria to Each Project Prepare City-wide priority Project List June 4, 1981 Estimate 25-30 hairs Prepare Source of Revenue Work Sheet June 9, 1981 Develop Capital Improvements Program Prepare CIP Report June 12 , 1981 Completion of the above noted work tasks will take the CIP process to the Adoption stage. The CIP committee is scheduled to meet on June 12th to approve the Program and prepare for submission of the CIP and accompanying report to the Planning Commission and the City Council. I will be pleased to continue my work effort with the City through June 15, 1981. I feel I still have time to contribute and would personally like to see the Program firmed up in the next two weeks . MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1982 Budget Calendar DATE: May 22, 1981 June 16, 1981 - Preliminary Revenue Sharing hearing - Regular Council meeting date. June 19, 1981 - Department Heads receive Budget Worksheets. June 23, 1981 - Work session on goals & objectives - Council July 1, 1981 - Finance Director receives final 5 year Capital Equipment list from Department Heads. July 10, 1981 - Finance Director receives budget requests from Department Heads (3 alternative budgets @ 1981 spending level; -10%, +10%) . July 14, 1981 - Council receives City Administrator's recommended 5 year Capital Equipment list and 5 year Capital Improvement list. (Work Session) July 28, 1981 - Council discusses and approves 5 year Capital Equipment list and 5 year Capital Improvement list. (Work Session) Aug. 4, 1981 - Public Hearing - Proposed use of Revenue Sharing Funds-Regular Meeting. Aug. 11, 1981 - Council receives and discusses City Administrator's recommended 1982 Budget. (Work Session) Aug. 25, 1981 - Reserved for discussion of proposed 1982 Budget, if needed. (Work Session Sept. 8, 1981 - Last Date for Council to Levy Special Assessments. - Council holds special meeting to discuss budget as needed. Sept. 15, 1981 - Council has regular meeting - could discuss budget if schedule permits. Sept. 22, 1981 - Council approves 1982 Budget. Oct. 9,1981 - Deadline for Certifying 1982 Tax Levy to County. Note: Legal deadline of 10/9/81 to certify Levy to County. GV/ljw (?1 ,9 MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Redistricting Shakopee Wards DATE: May 21 , 1981 Introduction Staff was directed by Council , a couple of months ago , to check into the redistricting of the wards within Shakopee. Background According to the Minnesota Election Laws 1980, and Secretary of States office, we may not redistrict our wards prior to January 1 , 1982 . Wards - shall be as equal in population as practicable and each councilperson shall be a resident of the ward for which he is elected. Precincts - each statutory city shall constitute at least one election precinct and the Council may prescribe more than one precinct , the number of voters therein and the arrangement of the pre- cincts . Councilpersons are elected at large. Redefining Boundaries - a) Wards - Council may by ordinance redefine ward boundaries after any regular municipal election and shall , within six months after the official certification of each federal decennial or special census , the Council shall confirm existing boundaries or redefine boundaries to conform to those standards . b) Precincts - Council may rearrange the precinct boundaries from time to time, except that no changes in precinct boundaries may be made during the period beginning January 1 in any year ending in seven and ending January 1 in any year ending in two. Misconception Shakopee did at one time elect its aldermen by wards , but has not done so for sometime. When I became an employee of the City, the term ward was still being used although technically it was and is Redistricting Shakopee Wards Page Two May 21, 1981 incorrect. Shakopee does infact have precincts , not wards , which can be confusing with considering redefining boundaries . Conclusion I do recommend we take a look at our precincts and make some changes to balance the population within the precincts . Since we may not implement any changes at this time , I would suggest we delay our efforts until early 1982 . I would also recommend that we no longer use wards , but instead use precincts when referring to polling districts . JSC/jms References : Mn. Election Laws 1980 (204A. 06 & 205. 84) x17 MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for a cigarette license for Shakopee East Apartments DATE: May 29, 1981 Introduction: We have received an application for a cigarette license from the owner of the Shakopee East Apartments , Mr. Lindahl . He plans to put the cigarette machine in the laundry room of the apartments . Background: In checking with the City Attorney, neither the City Code nor the State law addresses to whom or where cigarette licenses may be issued. He did add, however, that the Council may deny an application for a license for a just reason. Attached is a letter from the Police Department recommending denial of a cigarette license to the applicant. In reviewing the list of licenses that have been issued to date, it appears that licenses have been issued only to establishments selling a product at retail or providing a service and in all cases there is personnel around much of the time . Alternatives : 1] Deny a license based upon Police Department recommendation. 2] Ahrove the application and grant a "cigarette license to the applicant. 3] Approve a license for balance of 1981 and direct staff to research and make a recommendation on criteria to be used in considering applications for next licensing year. 4] Deny a license and direct staff to research and make a recommenda- tion on criteria to be used in considering applications for next licensing year. Recommendation: Staff recommends alternative #4, deny a license for 1981 and direct staff to research and make a recommendation on criteria to be used in considering applications for the next licensing year. jc SHAKOPEF POLICE DEPARTMENT MISCELLANEOUS REPORT TITLE CIGARETTE MACHINE LICENSE VIOLATION (C,O. 6. 23 Sybd. 2) • COMPLAINANT Officer Russell R. Lawrence ADDRESS Shakopee Police Department - Shakopee, MN PHONE 445-6666 DAY, DATE, TIME OF REPORT Wednesday, 05-20-81 1145 hrs. Resume' : On Tuesday, 05-05-81, a report was received by this department (81-2125) which brought to my attention the fact that a 15 year old juvenile had been in the Shakopee East Apartment complex, 628 Gorman Street, and attempted to purchase a package of cigarettes from a vending machine at that location. After he left the building, he created a problem that the report then referred to. I noted this information on 05-20-81 and at 1145 hrS. on that date, I went to 628 Gorman Street and on the second floor in the laundry room I found the door to be open. I turned on the light inside this room and observed several candy vending machine and also a cigarette vending machine. In the room, I observed no cigarette license posted on the walls. I then checked 620 and 640 Gorman Street in the laundry rooms on all the floors and found no other machines in these buildings. I then went back to the manager' s apartment at 628 Gorman Street and contacted the manager. At this time, I advised him that he was in violation of a City Ordinance by not having a cigarette license. I then requested him to unplug the cigarette machine and turn it against the wall so that it would be inoperable , which he complied with. I also advised the manager to contact the owner' s of the building, who he said had put the machines in, identified as Mr. and Mrs. Lindahl, and advise them to obtain a license for the cigarette Officer Russell R. Lawrence Investigating Officer dmh Cigarette Machine License Violation Page -2- machine. I also advised that the license must be obtained before any more cigarettes can be sold. He then advised me that at this time the owner ' s were out of town and that he would contact them when they returned. On Sunday, 05-24-81, at 1140 hrs. , I re-checked the second floor laundry room at 628 Gorman Street. Again, I found the door to the room standing open and the cigarette machine was still turned against the wall. I then had occasion to talk with the manager's wife, Jean Rippentrop. She advised me that they had contacted the owner's and that a cigarette license would be obtained. Upon my initial observation of the machine, after advising the manager to turn the machine against the wall on Wednesday, 05-20-81, I had occasion to meet with Chief Brownell and I advised him of what I had found at the Shakopee East Apartment complex. I further advised that I strongly recommende• that a cigarette license not be issued to the owner 's of the apartment complex for reasons being that the machine is not monitored on a constant basis; it is out of sight unless you are in the laundry room; and is easily accessible to juveniles. We have previously requested businesses, who had cigarette machines in front foyers, to move them near the cashiers, or where an employee can observe the machine to check those people purchasing cigarettes. Chief Brownell concurred with my recommendation. On 05-27-81, I had occasion to talk with Judy Cox at City Hall. She ad- vised me that an application for a cigarette license had been made by the Shakopee East Apartment complex. She further related that during a conversa- tion with the applicant, she was told that the door is locked or closed and that they are monitoring any cigarette sales. On the several times that I checked the area, the door to the laundry room was always unlocked. In the report that brought this matter to my attention, the 15 year old had apparently attempted to purchase cigarettes, and the manager was in the area on this occasion. Judy Cox was advised by this Officer that a copy of this report would be made available to her and I recommended, along with Chief Brownell, that cigarette license not be issued unless the machine can be placed in the office of the Shakopee East Apartment complex and that the machine be monitored y the managers on the site. The managers should also be made aware of the laws, rules, and regulations on the sale of tobacco to minors. i^- 7lIIllI.IMMm.11l.I...l.m'..m..''.m.n..mm..m------T---, fi` � City of Shakopee` fj POLICE DEPARTMENT -4-0. _,...:, , ( ) ,, 12,,,, i i ; { 476 South Gorman Street '` . `-.___y, ` _ziii SHAKOPEE MINNESOTA 55379 Qff, y>.; Tel. 445-6666 `.,. ` `--.1 \ , O LAfZI. EL/ tlf , \;s1, 5 5379, fly' TO: Mayor, Council Members FROM: Tom Brownell SUBJECT: Cigarette License Application Shakopee East Apartments DATE: June 1, 1981 i strongly object to issuing a cigarette license to the Shakopee East Apartment Complex, as it will allow juveniles to purchase cigarettes which is a violation of City and State codes. go .S£4V£ JO Pwt at 1981 Tobacco Licenses g (Applications Received) 31-1 Roberts Drug 814 East First John Vander Aarde 31-2 Eastman Drug 214 South Holmes Keith Eastman 31-3 Abeln' s Bar 220 West Second Margaret Abeln 31-4 Dick' s Service Station 936 East First Gwen Raduenz 31-5 Clair ' s Bar 124 South Holmes Virginia Sheffer 31-6 Super America 1155 East First Dave Christenson 31-7 Cleve ' s Red Owl 828 East First Richard Cleveland 31-8 Berens Super Market 123 West Second Anthony Berens 31-9 Tom Thumb 409 East First JoAnne Pauluk 31-10 Rock Spring 1561 East First David Regger 31-11 V.F .W. Club 132 East First Cynthia Anderson 31-12 Hennen ' s Skelly Service 237 East First J . E. Hennen 31-13 Jim & Lucy ' s 201 West First James Rein 31-14 Riverside Liquors , Inc . 507 East First Peter Capesius 31-15 Holiday Stationstore 444 East First Jean Robertson 31-16 Raceway Park, Inc . RR 1 , Box 1074 Darwin Hentz 31-17 Drug King, Inc . DBA Snyder Drug Minn . Valley Mall Janet Snyder 31-18 Shakopee Bowl 222 East First Vernon Berg 31-19 R . Hanover Inc . DBA Richard ' s Pub 911 East First Richard Hanover 31-20 Koehnen ' s Service 804 East First Les Koehnen 31-21 American Legion Post #2 1266 East First W. Kopisca 31-22 Friendly Folks Club , Inc . 122 East First Walter Laddusaw 31-23 Happy Chef 1120 East First Thomas Frederick >1-24 1 & 44 Liquor Center 8576 Trunk Hwy 101 Marlys Klein ;i-25 Clark Super 100 435 East First Thomas Walsh 31-26 Wampach' s Inc. 126 West First Lola Mensing ;1-27 Kmart Minn . Valley Mall T . Veglahn 81-28 Merchants Hotel 221 East Second Carol Moore 31-29 Brooks Superette 615 Marschall Road Keith Carlson 31-30 Juba ' s Super Valu 1000 Minn . Valley Mall Richard Juba 31-31 Pullman Club 124 West First Daniel Colich 31-32 Warner True Value Hardware 1570 Highway 101 Carla Prestwood 31-33 Perkins Cake & Steak 1205 East First Allen Lenzmeier 31-34 Opera House Saloon 101 First Avenue 31-35 1st Avenue Cleaners 401 West First Gary Meier 11-36 Cy ' s Standard Service 312 West Firt Cy Sames >1-37 Shakopee Dairy Queen 835 West First Wallace Jenkins 31-38 Valley Liquors Minnesota Valley Mall Dennis Bruesehoff 11-39 Valleyfair One Valleyfair Drive Lee Vollmer 31-40 Southside Mobil 234 West First Larry Kaitala D y � l MEMO TO: Mayor & Council FROM: John K. Anderson, City Administrator RE: Fiscal Disparities DATE: 5-29-81 Introduction Attached is a Prehearing Conference Order regarding Shakopee's appeal of the Fiscal Disparities Act. In short, it means that our appeal will be heard orally before the full Court and that they will rehear the whole issue (ie we can present the issues that were before the court in the Burnsville case) . Background/Problem You will also notice in paragraph number 3 that amicus curiae briefs will be permitted. We had employed Bill Fahey of Ehlers Associates to assist in contacting other cities so that they could participate in the amicus curiae brief(s) and/or with financial support. Bill has failed to follow-up on this and is not returning my calls and participating cities have only 60 days to file supporting briefs. I believe we cannot afford to rely on Mr. Fahey so Friday, 5-29-81 I left a message with Mr. Fahey's Secretary, again I couldn't contact him, that I was recommending to City Council that we terminate his ser- vices with the City. Recommendation I recommend that we terminate our Service agreement with Bill Fahey of Ehlers and Associates. Action Requested 1) Motion directing the City Administrator to terminate the City's agree- ment with Bill Fahey for service during our Fiscal Disparities Appeal. 2) Direct City Administrator to contact interested cities. MAY r 198t. STATE OF MINNESOTA IN SUPREME COURT • Wayne C. McCutcheon, et al , Relators, vs . 81-368 PREHEARING CONFERENCE State of Minnesota, et al , ORDER Respondents, and State of Minnesota, by Warren Spannaus, its Attorney General , defendant intervenor, Respondent, Metropolitan Council , defendant intervenor, Respondent. The above entitled matter came on for a prehearing conference before the undersigned on May 20 , 1981 . Phillip R. Krass and Trevor Walten appeared for relators ; D. Douglas Blanke appeared for respondent State of Minnesota, by Warren Spannaus , its Attorney General; William P. Donohue appeared for respondent State of Minnesota; and Karen A. Schaffer and John T. Hoeft appeared for respondent Metropolitan Council . IT IS HEREBY ORDERED that this case shall be set for oral en banc consideration by the court. IT IS FURTHER ORDERED: (1) Relators shall file the record and transcript of the trial proceedings forthwith. (2) In accordance with the Rules of Civil Appellate Procedure , relators shall serve and file their brief and appendix within 60 days from the date of this order; respondents shall serve and file their _1_ - briefs within 45 days after receipt of relators ' brief; and relators may serve and file a reply brief within 15 days after receipt of respondents ' briefs . (3) Anyone wishing to file an amicus curiae brief shall apply for permission to do so, and such briefs , if any, shall be served and filed within the same time restraints as set for the party the brief supports . (4 ) All parties shall file 20 copies of their briefs with the Clerk of Supreme Court. Dated : May 20 , 1981 . BY THE COU . : John s S monett Pre -a g Conference Judge )(if° 72, :yr - June 1, 1981 MEMORANDUM TO: Mayors, Managers and Administrators FROM: City of Shakopee RE: Fiscal Disparities - Litigation and Funding At a preliminary meeting of city administrators on March 26, 1981, we reviewed the history and progress of "fiscal disparities. " Additionally, we renewed Shakopee's request for financial assistance in the legal contest and secondly, for consideration of filing briefs supporting Shakopee's appeal to the Supreme Court. Attached is the Supreme Court's decision to hear the City's appeal , which we believe is very positive. Costs of the Litigation The total expenses incurred to date for legal costs, special consultants and direct expenses related to the litigation are $A315// °{'i. Not included are salaries of City staff during the period that several cities were experiencing similar expenses. We estimate that an additional $ /kin in _� will be required to ish the Supreme Court appeal for a totd1 estimated cost of $ ,`31-157/ f During the Burnsville challenge of 71/75, approximately 12 cities contributed to the common cause, based on a lump sum payment. It would therefore seem that at least 12, and possibly 18, communities would gain from a victory. It is not our intent to have everybody else pay the bill for Shakopee, but only stere in the expense. We would suggest a contribution of $ each from supporting cities. Strategy Meeting On Thursday, June 12, 1981, following the Mayors ' Luncheon and Managers ' Luncheon during the League of Minnesota Cities Convention in St. Paul , The City has only 60 days from May 20, 1981 to provide briefs for the appeal , so it is imperative all interest parties duscuss the matter on June 12. Yours truly, William E. Fahey John K. Anderson Former City Administrator City Administrator J MEMO TO: Mayor, City Council and Industrial Commercial Commission FROM: John K. Anderson, City Administrator RE: Review of Shakopee ' s Industrial Revenue Bond (IRB) Policy DATE: May 27 , 1981 Introduction In May , City Council asked that staff prepare a review of the City ' s existing IRB policy for a Council worksession. A copy of the City' s policy is attached and staff has reviewed the policies of four other cities (Minneapolis , Minnetonka, Bloomington and Elk River) to provide additional material for Council consideration. This additionalmate- rial is handled in two sections , the first deals with policy q uesand the second deals with application forms . Policy Questions In reading the IRB policies of the four cities , several general im- pressions are quickly formed: 1 . The policies are very broad. 2 . The policies are very similar. 3. There are no specific requirements stated in ratio or percentage form relating to jobs or investment except Shakopee ' s total IRB et eithat0�theftax base real estatenvaluekshallsequalElk at leastRiver' s 90% requirement t of the bond or note issued. 4. t1innetonka' s policy is probably the most restrictive. Listed below are the Poorare avariation ofaShakopeepolicy: policies icity hofound in the Shakopee policy Minneapolis 1 . The applicant agrees that any information delivered to the City by or on behalf of the app are madelicant is not luponewrittenmay be disclosed to the public request with explanation) . Bloomington 1 . The project is in an area the City wishes to develop or redevelop. 2 . Substantial newemployment dxbaseeand, if its an employment ,existing business, insuresstability oftax 3. There is no burden on gallyyservices accomodatedeyond that which can be reasonably and economi lak . Review of -Shakopee ' s Industrial 1)--) Revenue Bond (IRB) Policy -2- May 27 , 1981 4. The applicant must have good financial standing , show substantial net worth, or equity in the project or both and have an accept- able earnings history. Elk River 1 . Furnish a written statement on needed city services : water, sewer, street , electrical , storm water drainage , etc. 2 . The building or facility is readily adaptable to a successor tenant . 3. Additional new jobs created within the City. 4. The applicant shall furnish: a. A certified annual audit for the last two fiscal years . b. Most recent quarterly financial figures . c. Most current rating report of Dunn & Bradstreet . d . A three year realistic financial forecast . e. Other information as requested. OR 10-K and quarterly form 10-Q Securities & Exchange Commission Report in lieu of a.-e . above . Minnetonka 1 . The business applicant should be of the nature the City would wish to attract , or if existing, the City would want to expand. 2 . Positive benefit to the community including: a. Additional employment opportunities . b. Incentive for further development . c. Impact on city services . d. Increase in city tax revenues . e. Support or objections which the project received from individuals and enterprises currently located in the city. 3. Minimum of $500,000 IRB unless it is an existing business . 4. The bonds total shall not exceed: a. Land costs . b. Construction costs (labor and materials) . c. Fixtures essential to the operation. Review of 'Shakopee ' s Industrial 1' Revenue Bond (IRB) Policy -3- May 27 , 1981 5. Under most circumstances the City will not approve bonds for: a. Interest expense . b. Architectural engineering and legal fees . c. Underwriting and brokerage fees. d. Sinking funds . e. Working capital . 5 KT f. Other " fir" costs relating to the project . 6 . The City will not normally approve IRB ' s offered to the general public. 7. All administration, legal , planning, fiscal , appraising and other direct or indirect expenses to the City will be paid directly or reimbursed by the applicant whether or not the project is approved by the City or the Commissioner of Securities or the bonds are ultimately issued. It is in the area of policy that City Council ' s decisions will ulti- mately determine what type of projects will be considered and under what conditions . Two policy questions discussed by City Council to date relate to: (1 ) establishing a ratio of jobs to dollars and (2) establishing some minimum equity requirement by the developer. These two questions along with the policy statements listed above should be reviewed carefully within the framework of City Council ' s over all goal(s) in use of IRB ' s as development incentives . I suggest each Councilmember independently mark those policy statements he/she wishes to add to Shakopee ' s current policy and that this in turn be discussed at a worksession. Application Form The Minnetonka application (attached) is by far the most extensive and there was no other information requested on the application forms used by the other cities , including Shakopee ' s , except : 1 . Bloomington "Have you ever been in bankruptcy?" 2 . Elk River "Method of payment of all public costs to be incurred in development of the property. " 3. Minneapolis a. "Name, address and telephone number of applicant ' s accounting firm. " b. "If the applicant is rated or listed by any published rating agency, such fact shall be noted with the rating . " Review of Shakopee ' s Industrial r3 Revenue Bond (IRB) Policy -4- May 27 , 1981 c. "A statement as to whether the Applicant has filed or recorded a request to issue or register securities under any state "blue sky law" during the preceding 12-month period . A state- ment as to whether the Applicant is required to file periodic reports or disclosure statements under the 1934 Act or any similar act in any State or any other similar law of the United States . " d. "Astatement concerning the Applicant ' s Affirmative Action Pro- gram and/or Equal Employment Opportunity practices. " e. "Astatement of any effect on the environment to be caused by the Project . " f . r'Thenames of proposed architect , engineer, and general contrac- tor for the Project ." g. "A comprehensive statement indicating how the project satisfies the public purpose and policies of the Minnesota Industrial Development Act . " Summary It is my understanding that City Council wishes to review our IRB "Policy". As noted earlier in this memo the focus should thus be on the policy questions/statements section because they will ulti- mately determine the type of project to be considered and under what circumstances . I suggest that a worksession be schedule to discuss this matter after the ICC has forwarded their comments to City Council . In closing, I would add that any statement or policy that provides for Council discretion should be carefully considered because Minnetonka is now finding that they have now made an exception to policy statement #5 which "appears" to be their most restrictive clause. Action Requested 1 . Forward to the ICC with Gregg Voxland ' s January 15, 1981 memo regarding IRB fee (attached) for review and recommendation with a 30 day deadline. 2 . Tentatively set a work session date to review the ICC ' s recommenda- tions . JKA/jms MEW t) MEM0 TO: John K. Anderson , City Administrator FROM: Gregg Voxland, Finance Director RE : Schedule of Fees DATE : January 15 , 1981 Introduction A resolution setting various fees for the City is in progress and the subject of the appropriateness of the IR Bond fee has arisen. Background Orginally the costs for IR Bonds were to be taken out of a $1 ,000 deposit . This was changed to a fee of $1 ,000 plus . 5% for over one million dollars of the issue . Most of the issues are under one million dollars . The applicable $1 ,000, fee was intended to cover the costs to the City . The costs to the City can vary widely from one issue to another, expecially the legal costs . The Assistant City Attorney has suggested that the City charge the $1 ,000 fee per schedule and in addition bill the issuer for the legal costs and for direct staff costs . Any miscellaneous costs such as legal notices , reproduction, etc . would be absorbed by the fee . This enables the City to share more in the benefit of the IR Bonds and some compensation for the potential risk of default . Mainly , this would protect the City from the wide variance in costs . For example , most issues involve legal costs to the City of $200- $300, whereas the Citizens Bank and St . Francis Hospital issues are up to approximately $700 and work is not completed. Alternatives 1 . Leave fee schedule as is with no billings . 2 . Increase and/or modify fee schedule . 3 . Leave fee schedule as is and bill legal costs . 4 . Leave fee schedule as is and bill legal and direct staff costs . Recommendation Alternative No .4 is recommended to protect the City from cost variances and share in the benefit of the IR Bond financing. GV/jms EXHIBIT B CITY OF MINNETONKA, MINNESOTA APPLICATION FOR INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING Please type or print I . Applicant (a) Business Name: (b) Business Address : (c) Telephone: (d) Business Form (corporation, partnership, sole proprietorship, etc. ) and date of formation: (e) State of Incorporation or ornanization: (f) Authorized Representative (provide mailing address and telephone number(s) ) : (g) Principal Officers , Directors , Major Stockholders or Principals (state name, address and relationship to Applicant) : (1 ) (2) (3) (4) (5) 1 I c.� (h) Describe nature of Applicant's business generally and within state of Minnesota , and locations of prin- cipal offices or facilities outside the state of Minnesota: (i ) Describe Applicant's business facilities currently located in City of Minnetonka, Twin City Metropolitan area, and state of Minnesota: (j) Number of individuals employed by Applicant and current annual payrolls in City of Minnetonka, Twin City Metropolitan tan area and state of Minnesota: ta: (k) Approximate annual revenues of Applicant as of last fiscal year: ( 1 ) Name, address and telephone number of Applicant's counsel and accountant: 2 i. Project (a) Location (state below or attach the legal description of Project site) : (b) Intended use of Project: (d) Description of Project ( If Project is a building or •addition to building, specify number of stories , square footage, related parking facilities, etc. If Project includes equipment, describe equipment. ) : (d) Present ownership of Project site. If Project site is not currently owned by Applicant, describe arrange- ments by which Applicant intends to acquire or use site: (e) Zoning: (1 ) What is zoning status of Project site? (2) Is zoning status sufficient for the intended use? (3) Will rezoning or zoning variance be sought in connection with Project? Describe. (4) Has the property been rezoned within the last year? If so, please state date of the City Council action and the resolution number. 3 (5) Is property properly platted for the intended use. (Give plat number of property. ) (6) Has site plan approval been obtained for this Project? If so, on what date by Planning Commission, By Council (f) Estimated Project related costs: (1) Land acquisition and site development: (2) Construction contracts: (3) Architectural and engineering fees: (4) Legal fees: (5) Bond discount, fees to underwriter and brokerage fees: (6) Interest during construction: (7) Initial bond revenue or sinking fund: (8) Contingencies: (9) Other (please specify) : Total (g) What portion of Project costs are to be financed by City revenue bonds? (City guidelines do not allow the total amount of Industrial Revenue Bonds for a project to exceed the sum of items F(1) and (2) . Specify nature, amount and source of financing for the remainder of the Project costs: • 4 (h) Will Project be owned by Applicant after completion? If not, state name of transferee and transfer arrange- ments: (i ) Will Project be occupied by Applicant? What portion? If others will lease all or a portion of Project, identify lessees, portion of Project which they will lease, proposed lease arrangements and status of lease commitments: • (j ) Estimated number of new jobs that will be created within next 3 years as a result of Project. Please break down the number of new jobs to be created by job category (by clerical , professional , managerial , production, etc. ) : (1) Applicant: (2) Tenants: (k) Anticipated increase in payrolls resulting from new jobs in paragraph (j ) above. Please specify payrolls by job categories: (1) Applicant: (2) Tenants: (1 ) Names and address of architect, engineer and general contractor for Project: feN (m) Current real estate taxes assessed on Project site , and estimated real estate taxes on Project site upon com- pletion of Project: (n) When will Applicant be prepared to commence construction of Project? How long thereafter will construction of the Project be completed? (o) Please state herein or in a letter to the Mayor and City Council those facts and circumstances which Applicant believes make its Project one which the City should actively encourage through the issuance of Industrial Development Revenue Bonds : • III. Bond Issuance (a) Amount of proposed bond issue: (b) Type of bonds (term, serial , other) : (c) Proposed date of issuance, term of bonds and interest rate: (d) Manner in which bonds will be sold: (1 ) Private placement (specify whether to insti- tutional investors , individuals or others and identify proposed purdhaser(s) ) . If a lender will 6 4 R not commit until City has passed its preliminary resolution approving the Project, submit a letter from proposed lender that it has an interest in the offering or a letter from an underwriter verifying the financial feasibility of Project and the marketability of the Bonds. (2) Public offering. (3) Other (specify) . (e) Proposed sinking fund or redemption procedure : (f) Please describe the security which will be used to secure the repayment of the bonds : '. (1 ) Loan Agreement and Mortgage relating to Project. (2) Assignment of leases . (3) Mortgage on other property. (4) Pledge of revenues from other sources . Specify. - (5) Personal guarantees . Name proposed guarantors . (6) Other. ( Specify. ) (g) Address of proposed trustee , if any: (h) Underwriter or financial advisor: (1 ) Name and address: (2) Contact person: ( 3) Telephone number: (i ) Has conventional financing been sought for Project? If so, specify financial institution, officer contacted and proposed interest rates. • (j ) Proposed Bond Counsel : (1) Name and Address: (2) Contact person: (3) Telephone number: ' IV . Miscellaneous (a) If Applicant is unable to obtain Industrial Revenue Bond Financing from the City of Minnetonka, what other municipalities is Applicant considering as possible 'locations for the Project? (b) List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "related person" within the meaning of Section 103(b)(6) of the Internal Revenue Code: (1) Within City: (2) Elsewhere: (c) Detail the status of any previous or current requests which Applicant, its principals or affiliates have made to the City or to other municipalities for Industrial Revenue Bond Financing: 8 J (d) If Applicant has been denied industrial development revenue financing in any other city as identified in (c) (either on preliminary application or final appro- val ) , specify the reason(s) for the denial and the name(s) of the appropriate city officials who have knowledge of the transaction : (e) Will any public official of the City, either directly or indirectly, benefit by the issuance of the City's industrial development revenue bonds for this Project within the meaning of Minnesota Statutes, Sections 412.311 or 471 .87? If so, specify. (f) The following items should be submitted to the City along with this Application: (1 ) Letter of Request to consider application. (2) Letter of Agreement with City in form of Exhibit A hereto. (3) Financial Statements of Applicant for the pre- vious 3 years and Applicant's latest interim financial statements . Audited financial state- ments should be submitted if such statements are available. (4) Financial statements of general partners if Applicant is a partnership. (5) Financial statements of persons who intend to guarantee all or a portion of the bonded indebtedness . (6) A Pro-forma statement regarding operation of Project and revenues which will be used to repay principal and interest on bonds . (7) An application fee in the amount of 51 ,000.00. (8) Proposed form of Notice of Public Hearing. (9) Proposed form of Preliminary Resolution. (10) Proposed form of Mayor's Statement. 9 ( J (11 ) Application to Commissioner of Securities , along with required Exhibits . (12) Please list individually any other documents which are being submitted to the City in connec- tion with this application. (g) If Applicant is unable to obtain Industrial Revenue Bond financing from the City of Minnetonka, will conventional financing be sought in order to construct the project in the City of Minnetonka? (h) If Applicant is successful in obtaining Industrial Revenue Bond financing for its' project will the lower financing costs be used to reduce rents for the project or will the differential inure to Applicant? Explain. Applicant understands and agrees that the information contained in this Application and the information contained in items F(3)(4)(5) above is intended for use by the City of Minnetonka , its officers , employees, and agents in connection with the City's consideration of possible Industrial Development Revenue Bond financing for Applicant' s Project; however, the City gives no assurances that this information may not be disclosed, in whole or in part, to persons other than City's officials, employees and agents . 10 ri) The Undersigned, (a)( the) of Applicant, hereby represents and warrants to the City that (he) (she) has carefully reviewed this Application, and that the statements and information contained herein and submitted herewith are accurate and complete to the best of the Under- signed's knowledge and belief. Dated: Applicant By • • Its • 11 EXHIBIT C The Mayor of the City of Minnetonka and Members of the City Council 14600 Minnetonka Boulevard Minnetonka, Minnesota 55343 Re: Application of for Industrial Development Revenue Bond Financing by the City of Minnetonka Uear Mayor Yager and Members of the City Council : This letter of agreement is given by , a under the laws of Minnesota ("Applicant") as required by the City of Minnetonka in connection with its consideration of our application for Industrial Development Revenue Bond financing for the project which we are proposing. Applicant hereby covenants, warrants and agrees as follows: 1. Applicant agrees to pay or reimburse the City for any and all costs and expenses which the City may incur in connection with ,its consideration of the project and the granting of industrial development revenue bond financing therefor, whether or not the project is preliminarily approved by the City, whether or not the project is approved by the Commissioner of Securities, whether or not industrial development revenue bond financing is finally approved by the City, whether or not the bonds are issued and sold, and whether or not the project is carried to completion. 2. Applicant agrees to indemnify and hold the City, its officers, employees and agents harmless against any and all losses, claims, damages, expenses or liabilities, including attorneys fees incurred in their defense, to which the City, its officers, employees and agents may become subject in connection the City's consideration, issuance or sale of the bonds for Applicant 's project and the carrying out of the transactions contemplated by this agreement and any resolutions adopted, or agreements execu- ted by the City in connection with the issuance of its bonds for this project. Additionally, Applicant hereby releases the City, its officers, agents and employees from any claims, causes of action, losses, damages, or liabilities which it may have against the City, its officers, agents, and employees or which it may incur in connection with the City's consideration of the application for industrial development revenue bond financing for Applicant's project; the failure of the City, in its discretion, to issue industrial development revenue bonds for Applicant 's project; the issuance and sale of the bonds; the construction of the project; or any other matter or thing of any type or nature whatsoever which may arise in connection with the foregoing. • 3. Applicant agrees to enter into a fee agreement with Special Counsel to the City, in the general form of Attachment A hereto, prior to the City Council 's consideration of a resolution prelim- inarily approving the issuance of industrial development revenue bond financing for Applicant 's project. Very truly yours, (Applicant) by its /a q MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Transfer of Assets between Assessment Funds DATE: May 26, 1981 The County Road 17 project involved more than one bond issue and has resulted in complicating the accounting process for funds involved. Request Council authorize the exchange of assessments receivable in the amount of $22,044.02 carried in the '74 Improvement Fund for $22,044.02 in cash from the '77 Street Improvement Fund. There is no effect on fund balance for either fund in this swap. GV/ljw Law Offices of i/CL KRASS, MEYER & KANNING Chartered Phillip R.Kress Shakopee Professional Building Barry K.Meyer 1221 Fourth Avenue East Philip T.Kenning Shakopee, Minnesota 55379 (612)445-5080 MEMORANDUM TO: John Anderson FROM: Philip T. Kanning DATE: May 5, 1981 SUBJECT: Shakopee Obscenity Ordinance Section 10.75 City Attorney, Jack Coller, and I have discussed the Shakopee Obscenity Ordinance in light of certain problems which have recently been brought to the council 's attention. There has been some additional case law in Minnesota since the time the Ordinance was adopted, i,e. City of Duluth vs. Sarette, 283 NW2d 533 (1979). This additional state case law, together with further interpretation and restriction of the original landmark obscenity case, i.e. Miller vs. California, 413 US 15 93 Supreme Court 2607, 37L.Ed. 2nd 419 (1966) would suggest that' an amendment to the Shakopee Code is necessary to reflect these changes. It would be my recommendation that the definitions be enlarged to state that: "Every person who knowingly: prepares, publishes, prints, exhibits, distributes, or offers to distribute, or has in his possession with intent to distribute or to exhibit or offer to distribute, any obscene material is guilty of a misdemeanor. " It would not be absolutely necessary to amend the term "material" although, this could also be done at this time in the manner set forth below. With respect to the terms "nudity" and "obscene", "obscenities", "sado-masocistic abuse", "sexual conduct" and "sexual excitement", these would seem to be specifically enough defined to satisfy the requirements of constitutional law. As you are, no doubt aware, this is an extremely difficult area to define. A further expansion of the term "obscene" could perhaps incorporate some of the constitutional standards. In such a context "obscene" would mean that, to the average person, applying contem- porary standards, the predominant appeal of the materials, taken as a whole, is to purient interests i.e. a shameful and morbid interest in nudity, sex or excretion, which goes substantially beyond limits of candor and description or representation of such matters. Some additional definitions might be as follows: 1. "Person" means any individual , partnership, firm, association, corporation or other legal entity. This is covered in Section 1.01, Subd, 4, however, it may be worthwhile to repeat it in this section, 2. "Distribute" means to transfer possession of, whether with or without consideration. Mr. John Anderson 0- ' Page 2 May 5, 1981 3. "Knowingly" means being aware of the character of the matter. In light of the Sarette Minnesota case, it may be that Subd. 3 needs some additional work. Briefly, the Sarette case provided total immunity to any such type of organization regardless of the purpose for which the material was being used. This exemption was overturned by the court as a denial of equal protection because it afforded disparate treatment to similar situated groups and individuals. I have not been able to find any federal cases which offer some additional guidelines, and it may be that our Subd. 3, which merely provides an affirmative defense, as opposed to total immunity from prosecution, would stand up. The basic guidelines which the tryer of fact must consider, the tryer of fact being a jury in cases of this nature, are as follows: 1. Whether "the average person, applying contemporary community standards" finds that the work, taken as a whole, appeals to the purient interest; 2. Whether the work depicts or describes in a patently offensive way, sexual conduct specifically defined by applicable law (city ordinance); and 3. Whether the work, taken as a whole, lacks serious literary, artistic, medical or scientific value. If the above is satisfactory, we shall put together a proposal amending the Ordinance for presentation at the next council meeting. Yours very truly, KMSS-� MEYER & KANNING CHARTERED Philip T. Kanning PTK:ph cc Mr. Julius Coller City Attorney a.- el • nipple and the areola only are covered. D. The term "obscene" means material which in whole or in part depicts or reveals nudity, sexual conduct, sex- ual excitement or sado-masochistic abuse , or which includes ob- scenities or explicit descriptions or narrative accounts of sex- ual conduct. E. The term "obscenities" means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals , female breasts , sexual con- duct or excretory functions or products , either that have no oth- er meaning or that in context are clearly used for their bodily, sexual or excretory meaning. F. The term "sado-masochistic abuse" means flag- ellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume , or the condi- tion of being fettered, bound or otherwise physically restrained on the part of one so clothed. G. The term "sexual conduct" means human mastur- bation, sexual intercourse , or any touching of the genitals , pu- bic areas or buttocks of the human male or female , or the breasts of the female , whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. H. The term "sexual excitement" means the condi- tion of human male or female genitals or the breasts of the fe- male when in a state of sexual stimulation, or the sensual exper- iences of humans engaging in or witnessing sexual conduct or nu- dity. Subd. 2. Unlawful Act. It is unlawful for any person to furnish another person obscene material. Subd. 3. Defense . In any prosecution under this Sec- tion it is an affirmative defense and for the defendant to prove, that the defendant was a bona fide school , museum or public li- brary, or was acting in the course of his employment as an em- ployee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization. Source : City Code Effective Date : 4-1-78 (Sections 10.76 through 10.79 , inclusive , reserved for fu- ture expansion. ) 411 4-1-76 -249- —► . /l/ s MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Shakopee Obscenity Ordinance DATE: May 15 , 1981 Introduction Pursuant to Council direction of May 5, 1981 , the City Attorney has prepared the attached ordinance amending our current obscenity ordinance. Recommended Action Offer Ordinance No. 61 , An Ordinance of the City of Shakopee Amending Section 10. 75, Subd. 2 , Of City Code By Adding Certain Provisions Thereto And By Adopting By Reference Shakopee City Code , Chapter 1 and Section 5. 99 , and move its adoption. JSC/jms TA-k /11-' ki/4,i,Ervf Jo' )l ORDINANCE NO. 61 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SECTION 10.75, Subd. 2, OF CITY CODE BY ADDING CERTAIN PROVISIONS THERETO AND BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE. CHAPTER 1 AND SECTION 5.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION 1 ADDING NEW PROVISIONS, Subd. 2, Section 10.75 as follows: C __,/2/ After the word to in the second line, Subd. 2 add "Willfully furnish, isplay sell or give" so tht Subd. 2 will now read: Unlawful Act. It is unlawful for any person to willfully furnish, display, sell or give another person obscene material. SECTION 2 Adopted by Reference The general provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1, Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION 3 When in Force and Effect After the adoption, signing and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on the day after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. 1yor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 11th da of May, 1981. Juliu- A. Collar, II City Attorney /.