Loading...
HomeMy WebLinkAbout09/07/1982 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-agenda Informational Items DATE: September 2 , 1982 1 . D. D. Heinz has submitted her resignation, its on the agenda, effective October 1 , 1982 . D. D. had reviewed the "proposed" pay plan with Tom Brownell and I which reclassified her posi- tion from Administrative Assistant to Secretary , and made a decision to move on. Tom believes this was only part of a decision she had been considering for some time and that it will be a good move for her. 2 . Paster Charles Dunning from a Minneapolis church called to express support for our defending our obscenity ordinance . 3 . The Shakopee Professional Group sold bonds rather than mortgage revenue notes . They originally planned on selling mortgage notes according to their application, hence a condition of final approval was that they sell mortgage notes and submit an :architect ' s certificate of estimated value which shall be equal to 90% of the total value of he notes issued. According to the City' s legal counsel it doesn' t really matter whether the sale is for notes or bonds . 4. In January of 1981 the City was given notice that Mr. William Chard claimed damages from the City because work under the contract with Richard Knutson, Inc. was not completed within the 60 days . On August 31st the City was properly served a sun ons regarding the damages claimed as a result of the delay in completion of the work and also asking that the interest being charged be reduced from 8-3/4% to 8% as provided in the developers agreement and Mr. Chard be reimbursed for all interest payments exceeding 8% per annum. 5 . The Lower Minnesota River Watershed District has reviewed Shakopee ' s request for a grant for that portion of the Minnesota River Valley Trail would tie into our downtown plans . They liked what they saw but said their 1983 and 1984 grant monies were earmarked for Bloomington projects . They did suggest we apply again in ' 83 ( for ' 84 ) in case there are funding changes so we will follow-up with a ' 84 application. 6 . Jim Karkanen has completed the repairs to the shoulder in Weinandt Acres and that completes the list of items Harry Weinandt asked us to follow-up on. 7 . Budget follow-up materials : a. Attached is a memo from Gregg explaining what debt service surplus can be used for. b. Attached is the expanded pay plan showing each individual ' s longevity. Non-agenda Informational Items Page Two September 2 , 1982 c . I have received the League of Cities ' State-wide Salary Survey for cities over 2500 in population and will bring it to our next meeting. d . . We have had problems with the local survey of salaries because businesses don' t want to give us the data . We are trying another angle . 8 . Attached is a National League of Cities Legislative Letter on Tax Legislation, please note the changes in Industrial Revenue Bonds . 9 . Attached is a copy of the agenda for the Metro Waste Control Commission workshop. Both the Suburban Rate Authority and Association of Metropolitan Municipalities are sponsors of the workshop. I urge everyone that can to attend. 10. Attached are three responses from our National Representatives on issues Council has taken positions on. 11 . Attached is a letter from the DNR denying our request to use copper sulfate to kill algae in the mill pond. Both George and I met with DNR representatives Wednesday in an effort to gee them to reverse their decision which, from the letter , appears to be based upon faulty information. 12 . Attached is a Northwestern Bell Telephone rate increase notice . 13 . Attached are the minutes of the July 21 , 1982 Suburban Rate Authority ( SRA) meeting. Note the items checked. 14. Attached are the minutes of the August 5 , 1982 Board of Adjust- ments and Appeals meeting. 15 . Attached are the minutes of the August 5 , 1982 Planning Commis- sion meeting. 16 . Attached is the monthly calendar for September. 17 . Attached is the August Building Activity Report . 7c(_, MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Use of Surplus Debt Service Funds DATE: September 1 , 1982 Pursuant to Council discussion of August 24, 1982 and your note of August 31st , Ihave contacted our financial consultant and our bond attorney regarding the use of "surplus" debt service monies . The applicable statues are MSA 429 . 091 and 475 . 61 . The former references to the latter which is excepted as follows : . . . any surplus remaining in the debt service fund when the obligations and interest thereon are paid may be appropriated to any other general purpose by the municipality. " All of the above is in the context of having a separate sinking fund for each issue, which Shakopee does . Therefore, Council could utilize special levies for debt service ( i . e. 1967 improvement fund) to make up deficiencies and for funds with surplus monies , transfer that surplus to the General Fund rather than another debt service or the P. I .R. Fund. This could provide for an occasional bump for the General Fund. GV/jms ' 'd 'd 'd 'd I• I I I H H P-' H O 0 H. 0 £ £ an £ v, .-. � — — H H H tIl H 'rJ C CI) Q v, .4- w N H O\ v, -- 0 \0 -I >t v, w H 0 c+ — ._. ... • . ap • . 0' cr p ••••• vF' H c+ m• 0 0 (\ H CD 'd P H C t'i (D hI 3 x N) Ni C" 0 n 0 0 'd a' OD 'i H m 0 O d (D H. CD CD I) ID H. • (D cC H \n CD (D O m 'd CD c+ 'i 'i (D P 'i 'i as m (D CD (D I P) c< H. 'i H. m -' c+ O R° U) c 'Pi \..n H P (D I") UD GD cC d c+ P x c+ 0 II P P 'd (D H. 0 'i a4 I d (D CD I?. x H 'i 'i m A 'i 'd m O 'd P H H H. tII CD 0 I.I H. Cl) H. C • 0 H H• 'i P P. (D H. 0) .0 'd 'd 00 P c+ (D O c+ A" CD O t' c+ Ni C d O (D (D 0 d R° I-''C '-h CD (D m 'd H. H. 'I + (D CD H. 'i 'i H. CD CD I-4)'+) 'd H. m A H) w ~U ) '•d a d w (D H) H. H P 0, CD I H 0 (D H. H. 'i 0 'i )) c+ H. m 'n 0 'd O m O d CD C 'i m Cl) •D £ Cl) H. cC d 'i (D ON (D a an m I c+ p) 0 'i • C 'i 11 H (D P) 1-+) A' 0 A Cl) H. P+ r)) P+ P P cn (D H a4 P 0 0 H -, a 0 O aD 0 C) Cl) 'i 'i c+ a H. II 'i A. II CD H- O H. 'i 'd 'd H. a "' r. H. H. CD N Om0 X H a a H_ ]. 'rx CD H () c+ H. H. 'd m RI H � 0 O P O p ED -69- m c+ (D £ N H. 'i (D H I-I (D .-' H. CD U) c+ 0 I-'• ¢ v ' ( 0 (D O Cl) 0' 0 c.< E/ Oz. d '.< 0 v HI c+ 0 O c+ CD 0 c+ RNid ^ 0' P () 0 0 r" 0 c+ -w.- cC CD P" N HHHO H H H H R H I-' H H H H I-' H I—' Cl) x CD H. C t=1r 0 Cl) 0 N ON 'mob 'T7 'd c+ tri H m W 1-4) d H H 0 'd c0 H 0 c+ •-•-•-3 • • P - a IV hi .d• 'i `C 'i c+ H - C H. C) -J a O C HI 0 H- U) vi X <. `C :�' d n d c+ {i+ ci Jl ' O H. 0.. (D - H H H H H H H H H H H H H H I-' H H W Z r_ (D c+ I cm+ cn -( w w \.n w w w R) N N NCV RD N 0 0 0 'i 0 £ (D d' O W Co OD U �' v1 vi 01 01 vl vi \n (s al O\ c+ '+, 0' 'i (D 'i '1 'd -I al G\ N.) (..k) 0 0 J -4 � -1 -1w w -4 -4 --4 C' 0 CD c+ 0 NH It• 0 0 H.P H. En U) 0' CD a c+ c+ H. H 0 H. H. COa' 'i o � < -� 0 {A- H O (D £ R H.a, .71H H H H H H H H H H H H H H H R H O 1-3 R 'I H) a, v1 (T -P" -P" "w wwwwww H H H K a' H. P 0 CD ODEA) w 0) N (.0w 4 - - 4wwwww (D 0 c+ ON UHi H) n O\O\ 0\ ^ N00H HH HH H IO - 4COCDD P H) CD c+ 'i H P ' • d CD 0 'd 0) O H 'd (D• s I•'• c+ \C) (D m I 0H. I O\ a cn H H H H H H H H H H R H H H H H H H O CD CD (D 'd -4 n `i 0\O\ COVI O\0\� 01 vi \n vi N N 1\) £ ag X P H £ WHH \0 \0000 OOOOOOCDCCDOD 0 0 P < `0 H- 0\O\ OD\O CO OD.P-- -P" -P-- -P" 4 .P -P-- H H H 0� A 'i W CD 0 '.' - vH PD 3 m cC 'I cD H. m m c+ 'o N 0 H. £ 0 COC�� -4 0)0) 0 H. Cl) I I I I I I N (D 'd c+ (D - . w H vl -F" .... , X P c+ .'Y .......... 0 v.... 'd `-< A' H. O\ (D (D (D H CH.D P 0 C A' H H H H N H H H H H H H H H H H H H `d A d Cl) 'i (D \O -1 -J H i l -4 O\ O\ON ON ON ON ON - 4 - II C) • H. H• OD\O 0 -J CO OD--4 -4 -4 -4 1 1 -J CO N Co H wvi `I C\ \0 1 1--4 0\ O\O\O\ ON H Hwww '0i 0 N H. 0 c .�.-. O d En• 0 CD 0 H H H H H CD `< I I I I I P P v, 'i c+ CD 0 .. H 0 --.1 m 0 c+ �� — J P II 0 c cc+ '-< at) C.)-" 'd Fc cy i H. tia 1 .-. .. 4- .:- A a w w a N N 'd CD Co 1 vi w N £ H ON vri 0 >C Oo :>G ON 0 0 c O- m COn IO-1) Oy ti Cl) CD x n CD a r CD Cr) ''d it CD 0 0 H. c+ H r• P £ CD r• P (D O c+ r4 O•QP P • X CD O c+ r• H F-' Z 0 r• (D c+ ''i c+ c+ P. C) (D P c+ r• H H. 0 • (111 '-i 1R° Cn a () c+ n 0 m 0 C Ot CD 0 0 c+ 'i H) c+ tri 0 ar• _ m c+ P o c+ CD 0 H. cC P (~D 0 � c+ Oa O it N CG r• (D R c+ 'OY . a 11 R a P CD 0 1 c+ - \ H c+ m CD H• N m (D m i-3 c (D R. aa 11 (D x a `° a• X v Co• °a Co c+ P' n P c+ c+ a Co (D m '1 oa H•0 P. H �+ a Cl) H. H) a 0 0 11 0) P. 0 Cl) P. .� n c+ n 'd £ cm+ r (1) P P. H. (D (D 0 c+ m (D m c+ E H) c+ r• cP. 0 '-1 • 0+ 0 r + N Z CD H c+ C ... C) (D I-, c+ ''i H + a• H. a c+ — 0 O a)E CD m CD P. a -., 1-1:1R. P N 11O CD m • OONFH 1-' N O FHH1-, I-SOI--HHIJNNHHHH � a, (D HF • a 0 `+ H) r F. O 0 11 Z 0 Cl) c+ • CD r• ▪ e• + r•cC1 0 c< P) c+ (D 1 N H1-' HI-' F-' HI-, 1-, F-' H1-' 1-' F-' I-' P 3 a m OD-a ODS \O Co 0 COa)0oco1 v,v, v, .n v, v, v3 v, .n '1 0 `d (D P N VI N N —1 w - 1 ON ON ON ON 1-' vn v1 v1 '.n v1 v1 v1\si vi c+ H) H c+ CO 4"N H H vn \0 Co vi \ I viw OD co OD ODOoODCDa) OD O•• O 1P 1 O H0 0 '0 Cl) W .-N < P c+ 1 (Da" (DD 1 aP. m O n ID +.. H N 1-, N h' H F-' 1-' 1-, F-' 1-' H 1-' H 1-, 1-, ~ o P IN c+ 3 Co OD co co 0 OD N \O \O OD ON ON ON O\O\0\0\O\ON K Z CD P. (D 1 0 -1 1 4 v0 H OD OD Co CDN ON ON ON ON ON O\ON ON ON CD 0 Cl) • 0 p ODN 'nv1 O 4 O\.o .0x '-01 N N IV N N N N N N P H) 01 P p i O ~PP ON 'b Cf) F-' H '0 P P 1 N• P v0 O 11 FJN N N NNNN 1-' HNHHI-' F-' 1•-' H '30 P) \0VC) \0VD H 0 4• N N N N0 ODODOD000DODOD0)OD E BA CO Co OD --.10 \Owwwwvi O\O\0\0\0\0\0\0\0\ 0 CDH)P CO w \n vi 0 ON LA) 1 1 1 -1 ON"SD'-0'O'-0\.0'-0'-0'-0 \-0 0 P) y (1D 0 co 0 1 0 H. 'i 0 I O• H. H (D m P. c+ P. ' 0 I-• It 1-' 1-' 1-, 1-+ HH N N NNNNNNNNNNNNN '0 O ''i 0000 w H -1 -P--- -- -r-- -- 1\) 000000000 II P (D \0 0'-0\0 0 H -1 CD ODOoODOD111 -111 -1 -1 -J y 3 N Cow 0 OD O 0\ O\O\O\ '-1 -1 --I -3 -1-1 -1 - 1 -3 'moi PD H) (D — -..-..-.-s .•.i-..-.i•.—- —i-..-. CD O H 1\) 1\) 1N) 1‘) 101V1\) 1\) N1\) NNN CD 1 N. H ON -F- 4 w N N N F-' H I-' 1- ' O Cl) \p\0 1 w N 0 0 OD OD OD OD VO '< c+ vi 'Ui ' iw 000wwNNNNOD (D P I I I I I 1 1 1 1 1 1 1 1 1 W ON F-' I-, H N 1-' 1-, 1-' N Co Co 1 ---.1 'n 'i c+ 10 H ..p---- a\w 0 0—.�....-.� co 0 �.......-.., v v.-... .C. C Crq '0 '0 'O 0" cc Cl I I I H H H. 0 0 cm N ---, f3 CD 4' -F' U) a C-i U) O `O 'd2 •'0 0 H o • P) Ca) O l Cl) 0 CD m H• cc+ m CD H. U) CD c< U) U) c+ x C) 0 0 C) Cl) CD C) CD CD Cl) P H• P) • U 'O P g 0 cH• CD 0 HoC+ '1 (CD 0 H N Ho coC R° 0 c+ Ii 'O 'I P CD c+ 'i c+ C) y 'i H• H 'i Cl) P 0 'O 0 H. < O 0 0 Ci) of c Cl H cCf H< (n• ~' CD 0 O (D CD Cl) N• CD O (OD Cl 0 P Cl 0 CD ''i H. c+ I 'i CD CD H• c+ < Cl) P 'O c+ 'O Cl CD O N• 'i CY B P • 0 £ ,< (D 'i C) Fi 0 0 c+ B P C) H CD Cl) 'i H. C U U Cl) lD O CD CD cf f a Qa Cl PHo xH. ' Cl) 0 P 0 £ 'i U £ cf CIIE H 0 �' Cl U H 0 H CD L. O P c+ Cl) HO H. 0 Ho H) 0 N N H H m Cl) r H' (-) el- 0 +(D p H. 0 '0 H. 0 H O Cl) t (D p - CD m (.1) vi c+ o •O •O •O C O ; '-i O CD• C/) N N N N 'U) • Cf M • CD N N N N H N'3 Ft '-0 H. CD '0 O c+ CD p Cl 'i H H CX) Cl co co W o K p Q wLo u.) ^ P O � m• p H VD o1-3 O CCT v, 'O o ClCO H) H. I I Cr) N ,----q) ‹)(D '0 (D N H•' H H 0 £ o (D H. N 000 N 0 '1 U O 0\0\0\ H 0 K ) N• " CD N ~ O n I N lii m 'O 00 N H. Q)) I • P N oa a • 0 - 1-3`•Po H o I-, IJ H I-' H '0 PiH `D " (CD (D H m 0N 'O (D c OP) H I C1-1 + co Cl v m 0'- H' H C H. c+ Q4 b 1--,'d 1-''d N 'd O''d E c1 E O £ a1 ,. rn rn o' rn v, 'J w w N H H H w N H w N H 0 H \O H1-' \O NH . �. ._. . Hi Y m H 'C ^ Ds>'d Hi) B P) c+ O c+ H cn `- O (D B m 11 O CD c+ O' C 0" O" 'i m m 0 P) H. O 'S O (D (D (D (D CD D. Ds. 0 'd 0 'i 'd CD 0 0 'd (D H. c+ m 'i O £ C c+ P) '3 H. U) Cl H. H H. H. 0 J H. H• O n m (D (D U1 N• N• H. H -.) (+ ) c+ U) 9 c+ P) '-'S O H H. cc N 0' O c+ B B c+ C O O' F-b \n H £ C `C H. H'0 `C 00 n CD n H • P) • c+ 0 0 O' cD O CDH. o O m cH. (DD c+ 0 H) `' c+ U) CRI CSD a y o B P) Cl • 0 H. H) 0 m H 0 0 n O 0 u) 0' "1 C m 'i Coo m (Xi D> (D 011 0 O Ot ,1 a o' O H CD £ N O H' (D O O P (D H' c+ m 'i 'd t7 O' cn H. 0 (D (D (D O 'S H. 'i c+ O zia 0 0 O m x' t7 W H. H. 'd 0 0 '1 P., n n < (-+ O tC O cc H. (f) O H' B• � H. He rn0 ~) ¢) £ W O PCD H) ' CD CD -- + O PH n 0 7 PN U) W c+ 0" c+ (D U) n c+ 'S d . -e9-m m CD I m tC O o O c+ '1 D P 0 d O' aW c £ oNaa P 0 c+ R° 0 0 0 UB O H N F 'i t a) c+ 9 c+ 0 '1 H d 0 O O m H.'d W D B c+ P a xi H. (D b i H. H 'i W 'i D OCO N• n ii0 — CD o '1 D c+ 'i tC n W a O C (D 0 n N . O H. CO P c+ O' c+ c+ O H. P) cO w d B '1 H. P H a O H. m .� c+ ;n 'd (D P O 0' O O P H' cf-O' Pm •••-> 'S O O Ot) H O O O O b 0 'i O c< O c+O D £ g a Ma O F1 co m ti Wd (D G PCD o P O' 0' c+ 'd 'i 1-1) Cr c+ O 0 Cl ''S H. (D ' (D O 'i P) O cC H 0 c+ P O (n m PP) 'd 0 0 ''i P '1 n O 0 O `-- c+ a P) B o''d 04 c+ c+ x' m 'd O B (D m cC P O O (D P £ H. O H. (D c+ 0 >4 m m I-' 0 0 O a' 'i O n 'd H. W (D H • O (~D H. c0+ P m N 'O 0 a F cF a � F- m .- Cl) N O' B ~ • 0" 0 a c+ (D c+ �� 'd Oti H. O F-' • H. (D m (D (D O (D 'i 0 p (D (D a c< M B £ P P H) n U) cD H' (D H' HP) O H. n c+ • O H) n O c+ P) C c+ c+ (D H. H 0 H H H IJ H H H H O H x 0' c+ PPc+ O' '^S (D O O' H. Pc+ c o H D dCD mO C. O O Xl PH H. c+ c+ P W c O O H. O' W 0'a O m 'd m P., c+ a H• O O ''i ''h N O c+ H• O m H U. c• O 0 O (D c+ a P c+'d O O (D IJ c+ H m (D ''b (D 'i o O1-3 m 'i (D O O £ 'i O 'i c+ F-'• H a H G c+ mo O m 'i H. m P) (D B c+ m c+ P 0 'd H H O c+ 'i 0 D C c+ F-' D O c+ O Ot) q). H. O W c+ (D H. a n O' O ' w I-, N N 1 2: c+ O0o 0 Co--, Co--, H\ rO Pm O '-h 0 O W O. \O Or• ,l` a C P 0 c+ (D H. P H 0 H \1 'b 0 vi vi 0a, rn n < L=1 n C P O P) n 'i w P • O O www 0 O cD P O O 0ro m F o r 'i O H H 0 c 'i c+ Di ZH (On P) 'd Cl, c+ P O .•. B 'd (D H c+ P) 'i H H. H.011 0 'i O' a H• O (D O m H) O' O w Z H H N N N N N w N , N c-+D• c+ m O- m (D 0' a (D c-.. O C c+ H (D a 0 "— OD O) v-t - q:, O VD ' 9 - ro ( H c_.. 'd Cl)UO) N 'i O cc+ >C 0' '-O O 0 N co -J \O w O' H CO H co O C O O' n O P c+ H. n (D N C 0 E C 0O 0OOHO c+ (D a ` BP) ✓ nOD D 0 COop 0 m it (D 0 0 H. O 'd O n 'S `. £ 'd O a 'd O a`• c+ cf C H. H. 'i 'i (D H c1- O H. n (D c+ H U) '-e)c+ O x m P) m m O (D H. 'h 'i H. O m nBO m '1 m 0 'i H) rH 0 H (I) m O H• O D d a' CD 0 0 w N co y. ( cH. 'i 0 °C m c+0 0 0 w -.4 wN 9x c+ aII c �O O O N w (D H • D c+ H c+ Oa • --I o d 0 O O' CDc Ft+ O D 0 OO PCT) acn cm 0 HP N W C N(1) o m ' c+ N 1-3 O H. 'd v �.. P D 1-1 et m F-'• 'i (D O' N• (D O' H) O 1-, O .-. 'i H. c+- H. H. O CD O'd w Z H N N N N w w -P"w N m 0 011 H. 0 £ H 0 cC c)'L3 o \O H \O Cc) \O w w w -4 Ft O O PO' H. N d O O H P 0 0 0 c+ n w c+ d 0 -J a\ \O N w vi vOD 0 I-W c+ Cl H. ' 0 cC O 0 c+ 0H ) OW0 F 0 0 0 a H. c+ W 0' r• O 7> P) r• O m c+ O' U) 'i (D m(D P c+ m O d O' 0 c+ cC c+ m O P O H. CD 0' c+ c0+ er`< (D N c+ n H. o o P -P- w N N w w w l,.) N w w N O' cD O' 0 O P O" F-' m B - ) w H 1--' N N w -4 \O Co "O H. 0 I O N c+ O ) W P) I- a' vi `i 0 V) N H w - H 0 vi. w 'b CD U) 'i c+ c+ 0Co N 0 O. OOO > B G -- O Q4 H O P0 ON 0 ' 0 0 ~ • 0 N < i NO H. O O U) C O D H Fi O ' 'Y H- 0" (D (D 0 O m d £ ( N O OH. D> H. 0' 0nC0 a \II ry '0 '0 1-, cn Qc+ 0 ci CO O (D ccn+ 0 0 CDH Fi O (D 'd O m a ni N t< N O F-' Co0^ m O m • 'i O U Ft d O ' OIHm ClNP 0 d P m H3-'d O F-' c+ Cl 0" O O H• w 0 m 'S P) £ n a H. m H) O H• P) (D a 'i H. H. H. CD H. H. O O H £ CD c+ c+ c+ O .-i N S P) cG UU)i 'pi 'd 0" �04 t 0• a H.• O P • Cl I+ m 0 RECEWED National 1301 Pennsylvania Avenue NW Officers: AUG 3 1982 F ,6?Pe" U u I Acilp League Washington,D.C. President 20004 Ferd L.Harrison Mayor,Scotland NizenTlyCoirCities (202)626-3000SHAKOPEE irst Vice Presiden Cable:NLCITIES Charles Royer Mayor,Seattle,Washington Second Vice President LEGISLATIVE LETTER George LatimerMayor,St.Paul,Minnesota Immediate Past President August 27, 1982 William H.Hudnut,Ill Mayor,Indianapolis,Indiana Executive Director Alan Beals To: (1) Mayors and Managers of Direct Member Cities ( 2) Executive Directors of State Municipal Leagues (3) Steering Committee Members From: -George Gross, Director , Federal Relatione.t.d.°. In this issue : Tax Legislation On August 19 the House and Senate passed the Tax Equity and Fiscal Responsibility Act of 1982, which will raise $98. 3 billion in additional revenue over a three-year period (FY' s 1983-1985) . The August 23 edition of Nation' s Cities Weekly reviewed the various provisions of the Act of interest to city officials, but below is a more detailed explanation of the amendments affecting industrial revenue bonds and mortgage revenue bonds. The other provision in the new• law that will have a direct impact on the municipal bond market is the so-called minimum corporate tax. After December 31, 1982, corporations will have to reduce by 15 percent the interest they deduct from their taxes on borrowings that are used to buy or carry tax-exempt bonds. Corporations most affected by this provision are banks, which currently hold 45 percent of all tax-exempt bonds. Both Treasury and the Municipal Finance Officers Association have estimated that this provision will drive up interest rates to issuers by reducing bank demand--for--bonds. Treasury has estimated the increase to be . 50 to . 75 percentage points (50-75 basis points) ; the MFOA estimate is 1.00 percentage point (100 basis points) . An earlier proposal calling for a minimum tax on individuals that would have directly taxed interest earned from tax-exempt bonds was amended on the Senate floor to delete any application of the tax to bond interest. The Act reflects this amendment. Past Presidents:Tom Bradley,Mayor,Los Angeles,California•Henry W.Maier,Mayor,Milwaukee,Wisconsin•Tom Moody,Mayor,Columbus,Ohio•Jessie M.Rattley,Councilwoman,Newport News,Virginia•John P.Rousakis,Mayor,Savannah,Georgia•Directors:Richard Arrington,Jr.,Mayor,Birmingham,Alabama•Carol Bellamy,Council President,New York.New York•Arne Boyum,Executive Director,North Dakota League of Cities•Richard S.Caliguiri,Mayor,Pittsburgh,Pennsylvania•Malcolm Clark,Council Member,Port Arthur,Texas•Joanne Collins,Council Member,Kansas City,Missouri•Thomas H.Cooke,Jr.,Mayor,East Orange,New Jersey•David Cunningham,Council Member,Los Angeles,California•W.Elmer George,Executive Director, Georgia Municipal Association•Karen M.Graves,Commissioner,Salina,Kansas•Anne Gresham,Council Member,Grand Prairie,Texas•Paul E.Haney,Council Member.Rochester,New York Jonathan B.Howes,Mayor Pro Tem,Chapel Hill,North Carolina•George M.Israel,Ill,Mayor,Macon,Georgia•Myra Jones,Vice Mayor,Little Rock,Arkansas•Christopher G.Lockwood, Executive Director,Maine Municipal Association•Bob Martinez,Mayor,Tampa,Florida•Robert H.Miller,Executive Director,South Dakota Municipal League•Jack Nelson,Mayor,Beaverton, Oregon•Mary Neuhauser,Council Member,Iowa City,Iowa•C.David Nuessen,Mayor,Quincy,Illinois•Hernan Padilla,Mayor,San Juan,Puerto Rico•Donald R.Peoples,Chief Executive, Butte,Montana Martin L.Peterson,Executive Director,Association of Idaho Cities•Michael J.Quinn,Executive Director,Indiana Association of Cities and Towns•Vernon H.Ricks,Jr.,Mayor Pro Tem,Takoma Park,Maryland•Arthur E.Trujillo,Mayor,Santa Fe,New Mexico•George V.Voinovich,Mayor,Cleveland.Ohio•Daniel K.Whitehurst,Mayor,Fresno,California•Don A. Zimmerman,Executive Director,Arkansas Municipal League. SUMMARY OF PROVISIONS IN TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982 AFFECTING TAX-EXEMPT BONDS Industrial Revenue Bonds 1. A public hearing and approval by an elected official or legislative body or voter referendum are required by both the issuing jurisdiction and the jurisdiction where the facilities are located. 2. Facilities financed with bonds must be depreciated on a straight-line basis using accelerated depre- ciation (ACRS) lives. Full ACRS deductions would still be permitted for low-income rental housing, municipal sewage or solid waste facilities , pollution control facilities for plants placed in service prior to July 1, 1982, and facilities for which UDAG grant has been awarded. 3. Information regarding the amount of the lendable proceeds, the interest rate, term of the issue, and principle users must be reported to the IRS for bonds issued during the preceding calendar quarter. (This requrement also applies to student loan bonds and bonds for tax-exempt organizations under Sec. 501 (c) (3) of IRC. ) 4. The average term for maturity of bonds would be limited to a period no greater than 120 percent of the average economic life of the assets financed by the bonds. 5. Small issue IRB' s (under $10 million) are not permitted where 25 percent or more of the bond proceeds are used to finance retail food and beverage services (except grocery stores) , auto- mobile sales or service, and the provision of recreation or entertainment. No portion of the proceeds may be used to finance any private or commercial golf course, country club, massage parlor, tennis club, skating facility, racquet sports facility, hot tub facility, suntan facility, or race track. - 2 TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982 6 . Small issue composite bonds are explicitly permitted as long as all facilities in an issue are located in the same state and no user (in- cluding franchises) finances more than one facility in the same issue. 7. Certain research and development expenditures are excluded from the calculation of the capital expenditure limits for small issue IRBs. 8. Bonds can additionally be used for the following purposes: (a) gas distribution facilities in service areas consisting of no more than a city and a contiguous county; (b) local district heating and cooling facilities; (c) acquisition of existing pollution control facilities by a regional pollution control authority which it will operate; (d) advance refunding bonds for certain bonds of the Port Authority of St. Paul; and (e) ferries used in providing mass trans- portation services. 9. $1 million or smaller "clean limit" bonds cannot be issued as part of any other tax-exempt obli- gations. 10. Small issues IRB' s cannot be issued after December 31, 1986. 11. In general, the above provisions apply to bonds issued after December 31, 1982. Item #2 applies to property placed in service after December 31, 1982 to the extent it is- financed--by bonds issued after June 30 , 1982. Items #6 , 8 ,9 , and 10 are effective after the date of enactment of the Act. Certain exceptions are made for refunding bonds. 12. After December 31, 1982, all tax-exempt obligations must be issued in registered form except those not offered for public sale or less than 1 year in maturity. - 3 - TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982 IRB ' s for Multi-Family Rental Housing 1. "Individuals of low and moderate income" is defined as 80 percent of the area median income. 2. The period over which 20 percent of the housing units (15 percent in targeted area) must be made available for individuals of low or moderate in- come is the longer of (a) 10 years after one-half the project is first occupied, (b) one-half the longest maturity of the bonds, or (c) the date on which any subsidy contract expires. (The current requirement is 20 years. ) 3. These amendments apply for obligations issued after the date of enactment of the Act. Mortgage Revenue Bonds 1. 90 percent (instead of 100 percent) of the lendable proceeds must go to first-time homebuyers. 2. Proceeds can be used to purchase homes up to 110 percent (instead of 90 percent) of the average area purchased price. The limit is 120 percent in targeted areas (instead of 110 percent) . 3. The effective rate of interest on mortgages financed with bonds cannot exceed the yields on the issue by more than 1-1/8 (1. 125) percentage points (instead of 1 percentage point) . 4. Reserves do not have to be sold at a loss in order to meet the reserve liquidation requirement. 5. Cooperative housing can generally be treated as single-family housing for purposes of bond financing. (Other clarifications are made for cooperative housing) . 6. These amendments apply generally to obligations issued after the date of enactment of the Act except item #2 which is effective for obligations issued after April 24 , 1979 to the extent proceeds have not been committed prior to enactment. - 4 - SPOTLIGHT ON THE METROPOLITAN WASTE CONTROL COMMISSION 8:30 a.m. - 4:30 p.m. , September 24, 1982 Hopkins House, 1501 Highway 7, Hopkins Sponsored by: The Suburban Rate Authority The Association of Metropolitan Municipalities The Council of Metro Area Leagues of Women Voters The Metropolitan Waste Control Commission The Metropolitan Council The Citizens League The St. Paul Area Chamber of Commerce The Greater Minneapolis Chamber of Commerce The Metropolitan Inter-County Association The organization of a conference on the MWCC began with a Resolution of the Board of Directors of the Suburban Rate Authority to assemble such a conference for the purpose of creating a forum for a discussion of MWCC operations, spending and future sewer rates. The SRA also resolved to seek the assistance of others whose perspectives would ensure that the conference will become known as an example of metropolitan cooperation. The additional sponsors have participated extensively in the planning and execution of the conference. PROGRAM: 8:30 a.m. Late registration at the door. 9:00 a.m. Morning Session opening remarks. Clayton L. LeFevere, Attorney, LeFevere, Lefler, Kennedy, O'Brien & Drawz, Morning Session moderator 9:05 a.m. Orientation to the Metropolitan Waste Control Commission; its history, organization and the regulatory framework within which it must operate. Salsbury Adams, Chairman of the MWCC 9:30 a.m. MWCC costs, funding and the basis for sewer charges. Richard L. Berg, MWCC Controller 10:00 a.m. Oversight of the MWCC; present relationships. Representative Gordon Voss, Chairman, House Local and Urban Affairs Committee 10: 15 a.m. Morning break 10:30 a.m. Panel discussion: Is there a need for additional oversight? Is there a need for a dispute-resolution mechanism? Representative Connie Levi, District 55A Roger Martin, Director of Environmental Engineering, Sperry Univac Charles Weaver, Chairman, Metropolitan Council James Willis, City Manager, City of Plymouth 11:30 a.m. Question and Answer Session. Morning speakers and panelists Noon: Lunch (provided) . 1:00 p.m. Afternoon Session opening remarks. Mary Anderson, President, Association of Metropolitan Municipalities, Afternoon Session moderator 1:05 p.m. Requirements of the state and federal governments. Louis J. Breimhurst, Executive Director, MPCA Robert Foxen, Consultant and formerly with the EPA 1:45 p.m. Issues before the MWCC, capital construction, alternatives and anticipated sewer rates. George Lusher, Chief Administrator, MWCC 2:15 p.m. Afternoon break. 2:30 p.m. Panel discussion: Reactions to previous presentations. Graydon Boeck, Consulting Engineer Harold B. Field, Jr. , attorney, Leonard, Street & Deinhard, former chairman, MPCA Barbara Lukerman, consultant, former chairman, MWCC Brad Robinson, Robinson Rubber Products Co. Paul Scheunemann, Mayor, City of Burnsville 3:20 p.m. Question and Answer Session. Afternoon speakers and panelists 4:00 p.m. Closing remarks. Curtis Johnson, Executive Director, Citizens League REGISTRATION AND INFORMATION The $15 registration fee includes lunch. Registration without lunch is $10. Refunds will be made if cancellation is received not later than September 17. Registrations will be taken at the door, if space is available, but advance registration is strongly suggested. Questions concerning registration should be directed to Phyllis Letendre, 739-1781, 2148 Lamplight Drive, Woodbury, Minnesota 55125. Questions concerning the conference should be directed to Clayton LeFevere or Glenn Purdue, 333-0543. ADVANCE REGISTRATION SHOULD BE MAILED NOT LATER THAN SEPTEMBER 15. MWCC Conference Send to: Phyllis Letendre Registration $15 (without lunch $10) 2148 Lamplight Dr. Checks payable to "MWCC Conference" Woodbury, MN 55125 Please register the following individuals: Name Address Organization Fee Name and phone number of contact: Total enclosed $ A,; 'TON! HAGEDORN DISTRICT OFFICES: 2ND DISTRICT,MINNESOTA P.O.Box 3148 MANKATO,MINNESOTA 56001 COMMITTEES: (507)387-8226 AGRICULTURE Congre�l of the niteb tate 211 SOUTH NEWTON STREET PUBLIC WORKS AND ALBERT LEA, MINNESOTA 56007 TRANSPORTATION (507)377-1676 30ou/e of RepreOentatibe1 RONALD K.ENCE WASHINGTON OFFICE: yy-" }Y �y �� ((�1� /� '] ADMINISTRATIVE ASSISTANT 2344 RAYBURN HOUSE OFFICE BUILDING iJ(Ji a51jin ton,ri.6V. 205 L5 WASHINGTON,D.C. 20515 J !� (202)225-2.472 August 23, 1982 RECE;5..VED AUG 2 61982 Mr. John K. Anderson CITY OF SHAKOPEE City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr. Anderson: Thank you very much for your letter informing me of the City Council ' s vote of opposition to H.R. 4929. I appreciate your taking the time to share the Council ' s views with me. H. R. 4929 was ordered reported out of the House Committee on Education and Labor on May 11, 1982, after several days of hearings, subcommittee mark-up amd full committee mark-up. I can certainly understand your concern over excessive federal intervention in areas of state and local control , and I support the President's efforts to reduce federal bureaucracy and regulation and to return decision-making powers to the States. The purpose of this legislation is not to usurp proper state authority over public pension plans, but rather to protect the interests of the participants and beneficiaries as well as the federal taxpayers in regard to these retirement programs. Be assured that I will give this legislation my very careful attention, keeping your concerns in mind, should it come before the full House for con- sideration. Again, thank you for writing. With kind regards , I am Sincer y, 1 War-ci TOM HAGEDORN Member of Congress TH/lb BILL FRENZEL DISTRICT OFFICES: THIRD DISTRICT,MINNESOTA MAYBETH CHRISTENSEN 180 FEDERAL BUILDING WASHINGTON OFFICE: MDINEAFOus 55401 1026 LONGWORTH BUILDING Congrems of thetfliteb &tato 612448-5100 202-225-2871 �} �y �y (� IRIS SAUNDERSON joou�e of 3epregeutatite� 3601T"�CENTER BOULEVARD416 ST.Louis PARK 55416 612-925-4540 'NatibilifitOns ri.C. 20515 7711 1 'rt August 30, 1982 SEP 1 1982 CITY OF SHAKOPEE Mr. John K. Anderson City Administrator City of Shakopee 129 E. First Avenue Shakopee, MN 55379 Dear Mr. Anderson: Thank you for contacting my office regarding the changes in the tax laws governing the use of tax exempt industrial development bonds (IDB). H. R. 4961 contains several changes in the use of tax exempt bonds. Fortunately, unlike most of the proposals that were under discussion, the provisions in the bill do not place undue restrictions on the use of this important financing resource. In general the bill requires public hearings and elected official approval for all IDB issues. IDB financed property will still be able to take advantage of most of the benefits of the ACRS depreciation program, although tax exempt financed property will have to be depreciated over the straight line method. Restrictions are placed on the use of tax exempts for certain private purpose uses. In addition, provisions have been included to allow the use of so-called "umbrella" bonds, to allow tax exempt financing for district heating projects, and to allow the Saint Paul Port Authority to revise its tax exempt bond program. Student loan bonds and bonds issued by tax exempt organizations were left unaffected. Also included was a provision which ensures that projects that were grandfathered under the 1980 Mortgage Revenue Bond Act will be exempt from the ACRS changes in this bill. Overall, I think the changes in the use of IDBs was fair and reasonable. Considering the alternatives under discussion, this may be the best proposal available. I voted for H. R. 4961 , as I felt it was necessary in order to reduce the federal deficit. If you have any questions on any of the bill's provisions, please let me know. Yours very truly, ""ga) Bill Frenzel Member of Congress BF:dr THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS '21Cnifeb .cifafes Zenafe WASHINGTON. O.C. 20510 August 19, 1982 RECEPEEI ... Mr . John K. Anderson City Administrator AUG 2 3 1982 City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 CITY OF SHAKOPEE Dear John: Thank you for contacting me about anti-trust legislation, the Boulder decision . I appreciate your interest in this matter . In view of your inquiry, I am sending you the enclosed information. I hope you find it useful . Again, thanks for writing. Please feel free to contact me again. // Sinc,eiel , Rudy Boschwitz united States Senator RB/mc Enclosure DNR-8 J/ ��nn STATE TATE OF �r U�JU�J �SO LIQ DEPARTMENT OF NATURAL RESOURCES August 5, 1982 PHONE: _ (612) 296-2959 File No. RECEIVED AUG 1 61982 City of Shakopee 129 East 1st Avenue CITY OF SH AKOPEE Shakopee, MN 55379 Dear Sir: We have completed review of your application for a permit to chemically control filamentous and plankton algae in Shakopee Millpond in Scott County. Shakopee Millpond is considered flowing water. Paragraph 6 of Section 3(a) of Commissioner's Order No. 1938 which regulates the destruction and control of aquatic vegetation in public waters, states that permits shall not be issued except in very rare instances for chemical control of aquatic vegetation in rivers or other flowing waters. Paragraph 2 of Section 3(a) of Commissioner's Order No. 1938 also states that permits will not be issued in most instances where vegetation does not interfere with swimming, boating, or other aquatic recreational activity. Esthetic objections alone are not considered acceptable reasons for control of vegetation. Shakopee Millpond is also managed as a trout stream. Our netting data shows that this pond will support trout. Because of the sensitivity of trout to chemicals we are reluctant to allow the use of any chemical which could jeopardize this resource. In view of these observations, your request for an Aquatic Nuisance Control Permit is respectfully denied. If you have any questions concerning this matter, feel free to contact me. Sincerely,y Mark A. Ebbers, Aquatic Nuisance Control Specialist Metro Region Headquarters, Section of Fisheries 1200 Warner Road Saint Paul, Minnesota 55106 MAE/lb AN EQUAL OPPORTUNITY EMPLOYER 55 ice)? BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION E EV Lillian Warren-Lazenberry Chairperson Leo G. Adams Commissioner 7 1982 Roger L. Hanson Commissioner Terry Hoffman Commissioner CITlr ®� �AKt�PEE Juanita R. Satterlee Commissioner In the Matter of the Petition of the Northwestern Bell Telephone Docket No. P-421/GR-82-2u3 Company for Authority to Change Its Schedule of Rates and Charges for Telephone Service in Minnesota RATE INCREASE NOTICE TO: Each Minnesota County and Municipality Affected by the Captioned Petition Notice is hereby given that on April 20, 1982, Northwestern Bell Telephone Company filed a Notice of Change in Rates and Petition with the Minnesota Public Utilities Commission to increase rates for certain intrastate communications services offered by the Company to its Minnesota customers. According to the Petition, the proposed rates would be effective July 20, 1982, and would increase annual revenues of the Company by approximately $89.9 million. This amount was subsequently reduced by the Company to $89.4 million. The Company also advised the Commission that if the proposed rates were suspended by the Commission, the Company would place a portion of the increase, $59.6 million, into effect on July 20, 1982, pursuant to Minnesota Statute 1 237.075. The Commission, by its Order dated June 3, 1982, has suspended the proposed rates and has authorized the Company to place a portion of the increase, $59.6 million, into effect on July 20, 1982. These rates are subject to refund in a manner prescribed by the Commission with interest if the Commission determines that the amounts are in excess of rates which should have been charged during the period of suspension. About 89% of the increased revenue is generated from Local Exchange Services, including the main residence and business lines, trunks and Exchange Access Ser- vices. Examples of the present rates and the increased rates for some of the services are shown below. Outstate Metro I Metro II Metro III Metro IV Residence One-Party Present $ 8.68 $ 9.44 $10.00 $11 .44 $14.20 Increase Effective 7-20-82 10.76 11 .71 12.40 14. 19 17.61 Total sought 11 .81 12.84 13.60 15.56 19.32 Business One-Party Present $22.77 $31 .69 $33.42 $37.90 $46.43 Increase Effective 7-20-82 28.26 39.33 41 .47 47.03 57.62 Total Sought 30.99 43.13 45.48 51 .58 63. 19 The remaining 11% of the increased revenue is from service charges and certain miscellaneous services. The services affected are all being increased approximately 24% effective July 20, 1982, under bond and would be increased 36% if the full amount requested is finally authorized by the Commission. Among the services not being increased under bond are Series PBX, DIMENSION®, HORIZON®, Key Systems , COM KEY®, CENTREX, Directory Assistance Charging, Telpak, Long Distance, WATS, and Standard , Princess® and Trimline® Telephones. You should note that specific rate increases for specific customer classes and services may be greater or lesser than that proposed by the Company, depend- ing upon the final action taken by the Public Utilities Commission on the Company's request. Any person interested in participating in either the evidentiary or public hearings regarding the Company' s rate request is encouraged to contact Hearing Examiner Myron S. Greenberg, 3rd Floor Summit Bank Building, 310 South 4th Avenue, Minneapolis , Minnesota , 55415. A copy of Northwestern Bell ' s Notice of Change in Rates and Petition and supporting documentation has been filed with the Department of Public Service and is open to inspection during normal office hours. A copy is also available for public inspection at the Company's office located at 200 South Fifth Street, Minneapolis , Minnesota. Attached hereto and hereby made a part of this Rate Increase Notice is a copy of the Notice and Order for Hearing of the Commission dated June 3, 1982. This notice is being mailed by Northwestern Bell to all counties and muni- cipalities in Minnesota affected by this rate increase, pursuant to Minnesota Statutes § 237.075(1 ) and the Commission' s Order Accepting Filing and Suspending Rates dated June 3, 1982. , BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Lillian Warren-Lazenberry Chairman I Leo G. Adams Cc missioner s Roger L. Hanson Commissioner { Terry Hoffman Commissioner Juanita R. Satterlee Commissioner In the Matter of the Petition of Northwestern Bell Telephone Company Docket No. P-421/GR-82-203 for Authority to Change its Schedules '11 of Rates and Charges for Telephone NOTICE AND ORDER FOR HEARING 1 Service in Minnesota. II FINDINGS AND CONCLUSIONS I I. JURISDICTION The Minnesota Public Utilities Commission (the Commission) finds that a hearing is necessary in the above-entitled matter to determine the reasonableness i ; of certain telephone rate increases proposed by the Northwestern Bell Telephone Company (Bell or the Company). The Commission is authorized to conduct such a 1 t: hearing by M. S. § 237.075. II. PROPOSED RATES L The rates proposed by Bell would generate an additional S39.4 million of I ''. annual gross revenues. . l r A copy of the Company's requested rates is on file in the offices of the `- • Department of Public Service and is open to public inspection durino normal office hours. Copies are also available for public inspection at the Company's ° I business offices. i The Commission has suspended the rate schedule filed by the Company pending i 1 ,i { whe he;ring ordered herein. Hewever, the Ccreany has notified the Commission that y it will exercise its statutory right tc place S59.5 million of increased rates into effect on July 20, 1382. Such rates are subject to refund If the Canrrissien ultimately orders a lesser increase. fis ' • III. PROCEDURAL OUTLINE IThe hearing on the petition will be conducted by a Hearing Examiner appointed .i by the Chief Hearing Examiner of the State of Minnesota and will be held in corn- ; pliance with the applicable laws relating to the Public Utilities Commission, the jj 1 q Administrative Procedure Act (M. S. 5515.3411-15.0E2), the Rules of the Office of ii Administrative Hearings (9 MCAR §§ 2.201-2.222) and the rules of Practice of the { 1 Public Utilities Commission (Minn. Ree_. PSC 500-521), to the extent that they have i 1i ' not been superseded by the ,'Rules of the Office of Administrative Hearings. ! 1 i Y i l t These rules may be purchased from the CocumentsSection of the Department of Administration, 117 University Avenue, St. Paul, Minnesota 55155, 512/247-3000. The rules provide generally for the procedural rights of the parties 't including: rights to advance notice of witnesses and evidence, right to a pre- hearing conference, rights to present evidence and cross examine witnesses, and rights to purchase a record or transcript. Parties are entitled to issuance of 1VI subpoenas to compel witnesses to attend and produce documents and other evidence. i • Any person intending to intervene as a formal party to these hearings 'I must submit a Petition for Leave to Intervene to the Hearing Examiner and serve 1 ti the petition on all existing parties. The petition must state how the Petitioner's legal rights, duties or privileges may be determined or affected by the Commission's decision in the matter and shall set forth the grounds and purposes for which 1 intervention is sought and shall indicate the Petitioner's statutory right to 4 ; ' L intervene, if one exists. All parties have the right to be represented by legal i f counsel, by a person of their choice or by themselves if not otherwise prohibited 3 • 1 as the unauthorized practice of law. _ f j 1A Notice of Appearance must be filed with the Hearing Examiner within 11 . '1 20 days of the date of service of this Order if any party intends to appear at the hearing. The Notice of Appearance is not required if the hearing date is • less than 20 days from the issuance of this Order. Potential intervenors shall attend the prehearing conference scheduled II below with the information which will facilitate the scheduling of hearings per i a' j ' witting all of the parties to present their evidentiary views in a manner and 1111 !+ within a time frame which would be as fair and expeditious as possible. Matters 1 ; which may be discussed include: the reascnabie tiro period required to prepare 1 direct testimony for filing on all of the issues; the tine period for preparation of direct testimony by intervenors' recocr2nded areas for hearings to receive public input regarding the petition; time required for parties to prepare for ; depositions and other discovery; and other matters that will facilitate full 1 • and fair hearings on the petition. If persons have good reason for requesting a delay of any hearing, the 1 `i request must be node in writing to the ;-fearing Examiner at least five days prior ,`` { to the hearing. A copy of the request must be served on the Commission and all parties. } . 1 f` 333✓ e . 3y I • Failure to appear at the hearing may result in the issues set out herein i being deemed proven. A possible result is that the rates proposed by Bell may I be accepted by the Commission. Following the contested hearing, the Commission may approve all of any part of the proposed rate increase but may not approve an overall increase greater • than that proposed by the Company. However, the Commission may adjust rates for classes of customers to levels greater than those proposed by the Company and make Iiother rate adjustments based upon the testimony of otherparties. If no person Y 1 ' contests the proposed rate increase at the hearing, the rates may be approved as i i proposed. , Any question concerning informal disposition of this matter or discovery 1 of information should be addressed to Kenneth A. Nickolai, Special Assistant Attorney General, 780 American Center 3uilding, St. Paul, Minnesota 55101, i • 612/296-6030. ' , All other questions concerning this hearing should be addressed to the . * ! Hearing Examiner assigned: i Myron S. Greenberg ! Administrative Hearings Office i ` 3rd Floor Summit Bank Building II i 310 South 4th Avenue Minneapolis, Minnesota 55415 I 612/341-7607 ' ORDER I 1. A contested case hearing concerning this matter shall be held, com- mencing with a prehearing conference at Room 8-44, Federal Building, U. S. ! 1 ; Courthouse, 110 South 4th Street, Minneapolis, Minnesota 55401, beginning at 1I y I 9:30 a.m., July 1, 1982. 1 ! 2. Bell shall facilitate in every reasonable way the investigation of 0 t the Department of Public Service. All parties shall furnish adequate responses within 10 days to all reasonable information requests from other parties. t'-•- 3. The Company shall keep records of sales and billings under the present 1 ! and proposed rates such that any potential refund can be determined by computing Iwhat each customer's bill mould have been during the refund period had the finally ordered rates been in effect and subtracting such amount from the amount i _ I actually paid by each customer during that period. Ii 1 4. This Order shall to seared on Sell who shall mail copies of the same H ' j to all municipalities in its service area, all parties who filed petitions to 1 1 intervene (timely or untimely) in Its two most recent rate proceedings before ithe Commission (Docket No. P-421/GR-80-911 and P-421/GR-79-388) and to such ; other persons as the Department of Public Service nay request. M • - • I- 1 ' 5. Public hearings shall be held at locations within Bell's service area. 1 6. In addition to the individual notification as ordered by the Commission on June 3, 1982, the Company shall also publish notices of the ;rehearing con- ference, evidentiary hearings and public hearings in the form of newspaper display ads, at least 10 days prior to the dates of their commencement, in newspapers of general circulation in towns within the Company's service territory. The heading on the display ad, RATE INCREASE NOTICE, must be minimum 30 point bold face type. 7. This Order shall be effective immediately. BY ORDER OF THE COMMISSION i • � Rand. ' Youn? Executive -cretary i SERVICE DATE:SUN 3 1982 ( ( SEAL ) RDY:CKS:jyp ' e • Ic 1 3 I I 1 , MINUTES OF QUARTERLY MEETING OF SUBURBAN RATE AUTHORITY July 21, 1982 Pursuant to due call and notice thereof a quarterly meeting of the Suburban Rate Authority was held at the Ambassador Motor Hotel, in the City of St. Louis Park, Minnesota, on Wednesday, July 21, 1982 , commencing at 6 : 30 p.m. 1. Call to Order: The meeting was called to order by the Vice-Chairman, Frederick Moore. The board took note of the fact that SRA Chairman, Orvil Johnson, had recently been a recipient of the C. C. Ludwig Award for distinguished service and members expressed pleasure and appreciation for Mr. Johnson' s achievement in rendering such outstanding public service. 2 . Roll Call : Upon roll call attendance was found to be as follows : Brooklyn Park Graydon R. Boeck Columbia Heights Gayle Norberg Edina J. N. Dalen Russell C. Hedlund Excelsior Charles Thompson Greenwood Wm. Schoell Hopkins John J. Strojan Lakeland Daniel Eichten Lauderdale Raymond Shogren Minnetonka Robert DeGhetto Mound Karol Charon New Brighton Jim Fornell Osseo Catherine Goth Plymouth Frederick Moore Richfield Don Hassenstab Victoria Raymond Hoag Also in attendance were SRA attorneys Clayton LeFevere and Glenn Purdue. 3 . Approval of Minutes : The Vice-Chairman called attention to the fact that the draft minutes of the meeting of April 21, 1982 , contained a reference to a legislative meeting as being scheduled for May 7 , 1982 . He indicated that this date should have been May 5 and suggested that the draft minutes be revised accordingly. It was then moved by Mr. Norberg, seconded by Mr. Shogren, that the draft minutes , as so revised, be approved. Carried unanimously. 4 . Treasurer's Report: J. N. Dalen, Secretary/Treasurer, presented a financial report for the six months ended June 30 , 1982 , showing that the SRA had a cash balance on that date of $7 , 534.66 and investments costing $86 , 733 . 06 with a face value of $91,000. It was moved by Mr. Norberg, seconded by Mr. Schoell , that this report be approved. Carried unanimously. 5 . Report on MWCC Conference: Clayton LeFevere reported on the efforts of the SRA to arrange a conference in the fall of 1982 on the subject of the present functioning of the Metropolitan Waste Control Commission and the issues • facing the MWCC in the metropolitan area with reference to that agency. He indicated that the conference date has been set for September 24 , 1982, at the Hopkins House in Hopkins. Detailed information about the conference and about conference registration will be forthcoming later. He indicated that a number of organizations have agreed to participate as co-sponsors of the conference. These include the Association of Metropolitan Municipalities, the Citizens League , the Greater Minneapolis Area Chamber of Commerce, the Greater St. Paul Area Chamber of Commerce, the Association of Metropolitan Counties, the Metropolitan Waste Control Commission, the Metropolitan Council and the metropolitan Leagues of Women Voters. All of these organizations have participated very actively in the planning of the conference and are cooperating fully with the SRA in the effort. He reported on the subjects which the steering committee has identified as its preferred subjects for the conference and gave a listing of the presenters and participants whom the committee hopes to secure. A number have already agreed to participate but some of the persons that the committee expects to invite have not yet been contacted. Members of the board expressed satisfaction on the progress of this effort and indicated that they felt that it would be desirable to notify the suburban Chambers of Commerce about the conference. 6 . NSP Electric Rate Filing Status Report: Glenn Purdue presented a status report on the most recent NSP electric rate proceeding for the Minnesota Public Utilities Commission. A copy of his report is attached to these minutes . 7 . Northwestern Bell Telephone Company Rate Filing- Status Report: Mr. Purdue presented a status report on the Northwestern Bell Telephone Company rate filing. He indicated that the Suburban Rate Authority has filed an application to -2- intervene in that proceeding. He distributed a written report relating to the proceeding, a copy of which is attached to the minutes of this meeting. Upon the conclusion of his report there was discussion about li the extent to which the SRA should participate in this proceeding. At the conclusion of such discussion, it was moved by Mr. Norberg, seconded by Mr. Hoag, that the SRA, if permitted to intervene, undertake to persuade the Commission to discontinue the tier system of rates (which is based on the location of wire centers rather than density) which was instituted by the Commission in connection with the 1979 Northwestern Bell rate filing; that in so doing, the SRA attorneys be authorized to engage expert testimony at a cost not to exceed $15 ,000 to assist in this effort; that they also be authorized to present testimony in opposition to the tier system from one or more elected officials from SRA communities , and the testimony being consistent with the resolution passed by the board at its meeting on October 21, 1981; that the expense of such intervention be funded from general funds of the SRA with the possibility of assessing benefited communities at a later date and after further action by the board; and that further direction to SRA's attorneys, if needed, be given by the executive committee. Carried unanimously. Mr. Norberg indicated his willingness to be a policy witness on this question. There was further discussion about whether the SRA should concern itself with other issues in connection with this rate filing such as optional measured service and extended area service . It was decided that if there appears to be a reason for participation by the SRA on any such issues or other issues , the matter should be brought back to the SRA board at a general or special meeting. 8 . Minneapolis Gas Company Rate Filing Status Report: Mr . Purdue then presented a written status report on the Min- neapolis Gas Company 's most recent rate filing . A copy of that report is attached to these minutes . He reported that the SRA has intervened in this gas rate filing in order to protect the interests of the SRA. It was moved by Mr. Hassenstab, seconded by Mr. Norberg, that such intervention be ratified and approved. Carried unanimously. Mr. LeFevere reported that he had been in contact with Mr. George Hess , SRA's utility rate consultant, and that Mr. Hess has agreed to review the Minnesota Gas Company rate filing to determine whether there are particular issues which he would recommend that the SRA actively pursue in this proceeding. He indicated that this was a procedure -3- that had been followed in a number of other rate filings and that the SRA attorneys would work with Mr. Hess on this rate filing in the same way in the absence of objection from members of the board. There was a consensus that this should be done. 9. Determination Not To Assess SRA Members for Calendar Year 1983 : The joint powers contract of the SRA permits the board of directors to establish a budget and to assess SRA members for financial support. Mr. LeFevere indicated that when the Suburban Rate Authority was originally organized the Minneapolis Gas Company (now Minnesota Gas Company) had uniform franchises in its suburban service territory. These franchises provided for regulation of the company by the Suburban Rate Authority. The franchises required the company to pay the SRA a specified sum of money to cover the SBA' s regulatory expense. It was not necessary for the SRA to use all of the funds paid to it by the gas company. The SRA therefore accumulated a balance of funds in excess of $100, 000 as a "war chest" in the event that a major rate proceeding be necessary. When the state legislature transferred the power of gas and electric rate regulation to the state public utilities commission, the Suburban Rate Authority began using its funds to participate in proceedings before the PUC. The present funds of the Suburban Rate Authority, therefore, have originated, almost entirely, from funds accumulated under the gas franchise. These funds were, in turn, collected as gas expenses , by the company, from their consumers in the suburban communities which then belonged to the SRA. In short, the only communities which have made a significant contribution towards the funds which the SRA has, are those communities which were served by the suburban division of the Minneapolis Gas Company, and who were members of the SRA at that time. (There is one exception to the foregoing. On one occasion, approximately six years ago, the SRA assessed all of its members a small amount for annual operating expenses. ) Mr. LeFevere indicated that it was his opinion that the SRA has sufficient funds to conduct its operations, including anticipated rate litigation, at least through 1983 . He therefore recommended that there be no assessment of the members . It was moved by Mr. Dalen, seconded by Mr. Norberg, that this recommendation be adopted, that no assessment of SRA members be made for the year 1983 and that SRA members be notified of this fact by separate letter. Carried unanimously. -4- // PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota August 5, 1982 Chrmn. Schmitt called the meeting to order at 7 : 30 P.M. , with Comm. Perusich, Czaja, Koehnen, Coller and Rockne present . Comm. Stoltzman was absent . Also present were Jeanne Andre, Acting City Planner; John K. Anderson, City Admr. , and Cncl . Vierling. Koehnen/Czaja moved to approve the minutes of July 8, 1982 and July 15 , 1982 as kept . Motion carried with Comm. Perusich and Coller abstaining because of their absence at the meeting. Public Hearing - Cragg Signs Variance Request (PC 82-30V) : Perusich/Coller moved to open the public hearing regarding the request for a 6 . 5 foot variance from front yard setback requirements and a 24 . 5 foot variance from the sideyard setback requirements , on a corner lot , to install a business sign. Motion carried unanimously . Acting City Planner explained that the owner of the property is Don Maxwell, 300 L. 1st Avenue, and that the sign was proposed to be positioned similarly to an existing sign which was to be removed. However, the location of the proposed sign does not meet the provisions of the Sign Ordinance adopted in 1981, which now requires a sign to be placed 30 feet from a corner to enable better vehicular site range. She stated that if the bottom of the sign was installed a minimum of 8 feet above sidewalk level, as is being suggested by the applicant , this would aid in the visibility factor. She stated staff is recommending approval because the area of the sign is well within sign provision requirements and there had been a previous sign at this location. She gave further descriptions of the sign size and location relative to the building. Discussion followed regarding placement of the sign, visibility and site lines from the corner. Chrmn. Schmitt asked if there was anyone present in the audience who wished to comment on this matter. There was no response. Comm. Czaja questioned if the sign couldn' t be placed at another location on the property . He asked for a reason for the sign to be placed at the proposed location. Applicant answered that his proposed sign was just replacing the sign previously existing. Acting City Planner stated that it was her opinion that if the sign were moved to another location on the property, the applicant would perhaps not obtain the full visibility desired of the sign due to various obstructions. Proceedings of the August 5, 1982 Board of Adjustment and Appeals Page -2- Coller/Perusich moved to close the public hearing. Motion carried unanimously. Coller/Czaja offered Variance Resolution No. 312, which provides for a maximum variance of 6. 5 feet from the front yard setback and a maximum variance of 24 . 5 feet from the sideyard setback requirements to install a business sign for a dental facility on Lot 10, Block 25, Original Shakopee Plat and moved for its adoption subject to the following condition: 1. The bottom of the sign be placed a minimum of 8 feet off the sidewalk. Motion carried unanimously. Coller/Czaja moved to adjourn. Motion carried unanimously . Meeting adjourned at 7: 42 P .M. Jeanne Andre Acting City Planner Diane S. Beuch Recording Secretary jvm PROCFFDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 5, 1982 Chrm. Schmitt called the meeting to order at 7:43 P.M. with Comm. Koehnen, Czaja, Perusich, Coller and Rockne present. Comm. Stoltzman arrived later. Also present were Jeanne Andre, Acting City Planner; John K. Anderson, City Admr. and Cncl. Vierling. Czaja/Koehnen moved to approve the minutes of July 8, 1982 and July 15, 1982 as kept. Motion carried with Comm. Coller and Perusich abstaining because of their absence at the meetings. PUBLIC HEARING - JOHNSON CONDITIONAL USE PERMIT (PC 82-27C) Coller/Koehnen moved to open the public hearing regarding a conditional use permit to keep up to four horses on a 5.5 acre parcel with existing single family home in an R-1, Rural Residential Zone. Motion carried unanimously. 1 Uiut City Planner stated the applicants are Brenda and Michael Johnson and the Conditional Use Permit is being requested for 1970 Hilldale Drive; Lot 3, Block 1, Zoschke' s Addition. She went over the considerations, stating staff recommends approval with conditions. Considerable discussion ensued regarding how much of the property might be affected by flooding and if there was still sufficient room to keep horses. Chrm. Schmitt asked if there was anyone present in the audience who wished to speak on this item. Denny Downs, 2056 Hilldale Drive, stated he lives right next door and said that even with high flooding there would still be plenty of room for the building and horses. He asked about the location of the fence, which was explained by the Johnsons. Coller/Perusich moved to close the public hearing. Motion carried unanimously. Coller/Perusich offered Conditional Use Permit Resolution No. 314, to allow raising up to four horses on a 5.4 acre parcel in an R-1 Zone, and moved its adoption subject to the following conditions: 1. Horses be confined to a fenced-in area. 2. Manure be handled so that it is not a nuisance to neighbors. 3. No horses be boarded. 4. The Planning Commission reserves the right to further review this Conditional Use Permit if warranted by any additional information. 5. The Conditional Use Permit is terminated if the property should change ownership. Motion carried unanimously. Chrm. Schmitt informed the applicants that the permit would not be issued until after the seven day appeal period. PUBLIC HEARING - HANSON CONDITIONAL US, PERMIT (PC 82-31C) Czaja/Koehnen moved to open the public hearing regarding the request for a Condi- tional Use Permit to expand a current operation to include breeding and boarding of up to 80 horses, and a riding academy on an approximate 80 acre parcel zoned R-1 and I-1. Motioncarried unanimously. Shakopee Planning Commission -2- August 5, 1982 Acting City Planner stated the current operation is located at 1+10 County Road 89 and consists of approximately 800 acres of leased and owned property. She outlined the considerations and stated staff recommends approval subject to conditions. She stated that approximately 17 acres is zoned R-1 (Rural Residential) and the other 63 acres is zoned I-1 (Light Industrial) ; I-1 Zones do not make provisions for horses, but added that the Hanson's Ranch has existed in the I-1 Zone for 10-15 years. In R-1 Zones provisions are made for horses of two per 2.5 acres and using this method of computation and allowing him the use of the additional I-1 Zone, the applicant would only be allowed 61 horses. Discussion followed regarding the location of the corral and exercise areas relative to the requirement of keeping them 300 feet from the boundary of the property. Acting City Planner stated that it might be less of a problem if the applicant were to request to have his I-1 property rezoned to R-1 in order to make the use more compatible with that zone. Discussion held. Chrmn. Schmitt stated that the two different zones could be dealt with if it were taken into consideration that the property owner does have contiguous pieces of property zoned I-1 and R-1 and that the Conditional Use Permit would cover the required parcels of property which is being governed by development of rural/agricultural type use in nature as in R-1 Zone. This, he added, could be controlled in that manner without a rezoning. He also stated that as long as a Conditional Use Permit is issued to a parcel of property which is suffficient in size to cover the number of horses to be raised and the stable activity would take place on the R-1 Zone, this would then tie together the entire parcels of land. Discussion followed regarding the placement of the septic system and wells. Con- sensus was this would be taken care of in the building permit process. Chrm. Schmitt asked if there was anyone present in the audience who wished to com- ment on this issue, and there was no response. Mr. Hanson questioned the screening requirement around the parking lot. It was clarified by the Acting City Planner. Rockne/Perusich moved to close the public hearing. Motion carried unanimously. Perusich/Coller offered Conditional Use Permit Resolution No. 313, to allow a riding academy and up to 64 horses in a Rural Residential 0-1) Zone and Light Industrial (I-i) Zone on an 80 acre parcel and moved its adoption subject to the following conditions: 1. Submission of lighting and landscape/screening plan for parking area and appro- priate documentation of Minnesota Pollution Control Feed Lot Permit require- ments prior to issuance of Building Permit. 2. Maximum occupancy of four horses at any one time per 45' x 135' corral within 300 feet of a neighboring property. 3. Provision of a minimum of 37 parking spaces for a 64 horse density. 4. Provision of a separate storage area for horse trailers to be screened from the right-of-way and the adjoining properties by landscaping or an opaque fence. 5. No parking on County Road 16. 6. Maximum of five employees at the site. 7. Hours of operation to be limited to 6:00 A .M. to 10:00 P.M. seven days a week. 8. Planning Commission reserves the right to further review this Conditional Use Permit if warranted by additional information. Shakopee Planning Commission -3- August 5, 1982 9. Change in conditions of operation would require an amendment to the Conditional Use Permit. 10. Agreement on the part of adjoining property owners relative to placement of corrals. Motion carried unaimously. Chrmn. Schmitt informed the applicant the permit could be issued after the seven day appeal period. Public Hearing - Fenske Conditional Use Permit Amendment (PC 82-32C) Coller/Koehnen moved to open the public hearing regarding a request to amend an existing Conditional Use Permit to operate a dance studio as a home occupation. Motion carried unanimously. Acting City Planner stated the applicant is Sharon Fenske, 64+2 Adams, who is requesting to expand her operations one additional day and increase the weekly enrollment from 50 to 125. She stated staff recommends approval of the extra day of operations and a weekly enrollment of up to 96, subject to conditions. Chrmn. Schmitt asked if there were any comments from the applicant. Ms. Fenske stated she would be glad to comply with the requirements of the Building Inspector and agreed with the recommendation. Chrm. Schmitt asked if there was anyone in the audience who wished to comment on this item, and there was no response. Coller/Rockne moved to close the public hearing. Motion carried unanimously. Coller/Czaja moved to approve an amendment to the conditions of an existing Con- ditional Use Permit Resolution No. 284, a dance studio as a home occupation in an R-2 Zone, and allow for an additional day of operation, Monday through Friday, and an overall increase of students to a maximum of 96, which maintains the maximum of 8 students/session, subject to the following conditions: 1. Staff review in March 1983. 2. Any changes in operation of the dance studio as proposed shall require an amendment to existing Conditional Use Permit Res. No. 284. 3. Dance studio to be in the basement of her home with maximum occupancy of 11 persons in the studio. 4. Operation be restricted to the months of September through May. 5. Applicant be the only employee. 6. No exterior signage. 7. Classes be staggered 2 hour apart. 8. Install solid core or metal clad door in opening to furnace room. 9. Install egress window as per Chapter 33 of the Uniform Building Code. 10. Install hardwired products of combustion detection at stair landing. Motion carried unanimously. FINAL PLAT - EAGLE CREEK JUNCTION FIRST ADD'N (PC 82-21P) General discussion was held regarding considerations of the Final Plat of Eagle Creek Junction, located in the Southeast quadrant of County Road 17/16. Rockne/Koehnen moved to remove consideration of the Final Plat of Eagle Creek Junction First Add'n from the table. Motion carried unanimously. Shakopee Planning Commission -4- August 5, 1982 Chrm. Schmitt asked if there were any comments from the audience, and there were none. Perusich/Czaja moved to recommend to the City Council approval of the Final Plat of Eagle Creek Junction, 1st Add'n, subject to the following conditions: 1. Name of the plat be designated as Eagle Creek Junction First Addition. 2. Approval of a Title Opinion by the City Attorney. 3. Park dedication to be made in cash at the time of building permit issuance. 4. Execution of a recordable agreement agreeing to accept future assessment for pedestrian walkway and extension of water service for improved fire protection or looping and waiving all rights to a hearing on the improvements and assess- ments, such agreement to run with the land and be binding on all heirs and assigns of the applicant. 5. Execution of a recordable agreement providing for the joining of building proposed for Lot 2, Block 1, preliminary plat of Eagle Creek Junction (portion of Outlot A in First Add'n) to the building on Lot 1, Block 1 Eagle Creek First A dd'n, or increasing the setback of the Lot 2 building by 20 feet or one-half the height of the Lot 1 building, whichever is less. 6. Execution of an easement over the westerly portion of Outlot A , to allow access to provide maintenance for the structure to be built on Lot 1, Block 1. This easement would terminate upon construction of a building adjoining the build- ing on Lot 1, Block 1. 7. Execution of a Developer's Agreement for the construction of the required im- provements: a. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. Motion carried unanimously. DISCUSSION - ZONING BOUNDARIES FOR PARROTT PROPERTY The Acting City Planner explained that Don and Lorraine Parrott have requested the boundaries of the re-zoning of their property be rechecked. She stated that staff has researched the zoning of their property, which is split-zoned R-4 and I-1, and there is no indication that an error was made in the zoning. Therefore, recommendation is that any change desired in zoning should be accomplished through an application for re-zoning by the applicants. Considerable discussion was held between the Commissioners and applicants, as to intentions at the time, possible reasons for the split zoning and what occurred at the public hearings regarding the zoning. Consensus was that the City could initiate the re-zoning process at a time when it is convenient and could be worked in with other public hearings, etc. Otherwise, if the Parrotts were in more of a hurry to have it re-zoned, they could apply for the re-zoning themselves and pay the fees for the process. Coller/Czaja moved to recommend staff investigate alternatives in zoning with the Parrotts and work out an amenable solution to their request. Motion carried unanimously. DISCUSSION - MOBILE/MANUFACTURED HOMES Discussion ensued regarding interpretation of the mobile/manufactured homes legis- lation and what additional requirements or ordinances might be necessary. Shakopee Planning Commission -5- August 5, 1982 Coller/Perusich moved to go on record endorsing requirements for mobile/ manufactured homes as follows: 1) Meet uniform Building Code; 2) Affix home to foundation and be taxed as a standard home; and 3) Present requirement of 5-year term for mobile homes on farmsteads be upheld. Motion carried unanimously. Discussion - Square Footage Indicated on Plats: Coller/Czaja moved to set a public hearing for September 9, 1982 to amend Shakopee City Code, Section 12.04, Subd. 2C, Item No. 6 and Section 12.05, Subd. 1C, Item No. 5, requiring lot area to be indicated for each lot being proposed in a subdivision and same to be made a part of preliminary and final plat submission requirements. Motion carried unanimously. Discussion - Amendment to Elderly Highrise Redevelopment Project No. 1: Acting City Planner gave some background as to why an amendment will be needed to the Elderly Highrise Redevelopment Project No. 1, but added that due to a recent technicality, the Shakopee Housing and Redevelopment Authority could not legally refer this amendment to the Planning Commission at this time. Coller/Czaja moved to table consideration of an amendment to the Elderly Highrise Redevelopment Project No. 1. Motion carried unanimously. Discussion - Armstrong Conditional Use Permit Review: Acting City Planner stated that pursuant to a condition of Conditional Use Permit Resolution No. 282, adopted August 13, 1981 which was granted for a kinlien profession as a home occupation, a staff review has been conducted. She stated that when she contacted the applicant, Marcia Armstrong/Neely, regarding this review, the applicant stated the home occupation had been discontinued in April 1982. She added the applicant has stated she would like to keep the Conditional Use Permit in effect for the future if no additional fees were involved. The Acting City Planner stated that in researching this request, she found the language was not specific and now is recommending a more specific language regarding time contraints which would apply the 6 month limit, as indicated for a lawful, non-conforming use (Section 11.03, Subd. 2F) . Discussion followed. Coller/Rockne moved to direct staff to set a public hearing for consideration of code amendment to Section 11.04, Subd. 6C to indicate time constraints on the initial and continued use of a Conditional Use Permit, to be done as a housekeeping item when convenient and least costly. Motion carried unanimously. DISCUSSION - REQUIREMENTS OF LOTS OF RECORD EXISTING BEFORE APRIL 1, 1978 The Acting City Planner informed the Commissioners of the legal opinion regarding requirements of lots of record on or before April 1, 1978. Comm. Stoltzman arrived at this point, 9:45 P.M. Discussion was held regarding whether or not these lots would be grandfathered in after the change in lot size requirements. Discussion was held regarding setbacks and if the lots would be buildable under the current requirements, and whether this would be in effect grant automatic variances. Shakopee Planning Commission -6- August 5, 1982 Coller/Perusich moved to set a public hearing to amend Shakopee City Code Section 11.03, Subd, 3 "Lot Provisions". Motion carried unanimously. INFORMATIONAL ITEMS Discussion was held regarding building on parcels not abutting a dedicated public right-of-way. The Acting City Planner stated Mr. Carl Bohn will be applying for a variance to build on his lot which is in this circumstance. Discussion was held as to what requirements would be necessary to grant a variance. Consensus was that as long as the applicant had dedicated roadway easement to his property, a variance could be granted. The City would have no obligation to develop that easement into a road unless it was requested by a property owner willing to be assessed for it. Chrm. Schmitt requested that the issue of hardship be specifically addressed when a variance request is made, or a conditional use permit is requested, as that is an important criteria that must be met. Perusich/Colley moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:16 P.M. Jeanne Andre, Acting City Planner Diane S. Beuch Recording Secretary C,7 Li 1- F N F-` r' Cr, N ill CO '-rj cr, n 0 (D O9 td _ 9 'U 9 n Y d N • N ----.I O U.) (. * r• O r 1--,. Ort Y 0 rt Ort 9 F] 0c< O 0 C O n 'LJ o •L7 r• 'TJ n [• • p • r • p U) N O N r-` n K HC rd '"d ----Iocl > n rt G O •• 000cf) or• Q' r' w9 £ CI I-' F-. r• 09 X • v' r• r• 0 r• rt O t= H • rt n (o W rt O n 2U2 CI CD •• • (0 Ci) 01 - o UN N F-' - 0 ,.0 N) Ln 9 •• •'p Oo _ -< F-' • (U D O Cb N ---Io "d .. p r' w 9 W y- O g 0 7 r• . , • m CA • O ✓' L,-) N F- j O W 1) N F a 4 �- nj -iJ Li Y N r- .� • 0 - w - I r3 0 \ .0 -. ••• /7 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT AUGUST, 1982 I PERMITS ISSUED Yr. to Date 'Total Previous Year Number Number Vrlluation Number Valuation 5707-5731 .MO. YTD. Single Fain. -Sewered - 9 498,170 3 23 1,327,000 Single Farn. -Septic - 3 209,500 2 7 562,000 Multiple Dwellings 1 8 652,640 1 11 1,264,000 (Mo.LJnl ts) (YTD Units) (2) (22) (4) (32) Dwelling Additions 7 47 306,445 1 20 125,125 Other - 4 74,280 - - - liusiness District 1 3 819,000 - 3 240,000 Agricultural - - - - 1 132,000 Industrial -Sewered - - - 1 3 2,343,000 Industrial -Septic - - - - 3 792,000 Accessory/Garages 2 26 140,700 1 27 150,750 Signs & Fences 7 34 43,716.50 3 10 15,718 1' i i l� I a� /Woo i tc�vc 1 6 8,705 2 5 92,000 Grading/Foundation - 2 11,165 - 2 59,000 Remodeling (Res. ) 3 21 86,440 6 24 89,630 Remodeling ( Inst . ) - - - - 2 5,300 Remodeling (Other) - 13 701,848 3 29 1,286,500 TOTAL TAXABLE 23 190 3,552,609.50 23 168 8,396,000 TOTAL INST1TUTTCNAL - - - 0 2 5,300 GRANT) '1'OTAI, 23 190 3,552,609. 50 23 170 8,401,300 MO . YTD. MO . 'CIT . Variances 4 15 1 4 Conditional Use 1 14 3 13 Its'—:;Oni raj; — — — 1 Moving 1 2 - 3 Electric Permits 20 116 13 112 Plmbg. & Htg. Permits 18 118 22 135 Razing Permits Residential - - - - Commercial - - - - Total dwelling units in City after completion of all construction permitted to date 3,542 Cora Underwood Bldg. Dept . Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN AUGUST, 1982 5360 Building Permit Renewal - Initial permit expired 5707 Cancelled 5708 Richard Nelson Jr. 321 E. 4th Ave. Addition $ 1,500 5709 Harry Notermann 978 S. Main Deck 800 5710 Robert Larsen 338 E. 4th Ave. Fence 500 5711 Gary Midge 537 E. 1st Ave. Temp. Sign 5712 Charles Kreuser 959 Apgar Fireplace 2,100 5713 William Cragg 300 First Ave. Sign 2,000 5714 Gerald Theis 300 Jackson Park Addition 18,720 571.5 Donald Weber 1177 Harrison Alteration 4,000 5716 Bruce Novak 538 E. 1st Ave. Addition 29,000 5717 Wallace Bakken 1251 E. 1st Ave. Sign 200 5718 Pat Goldberg 2780 C.R. 42 Alteration 40 5719 Florian Dressen 337 Fillmore St. Deck 400 5720 Don Parrott 2047 Eagle Crk. Blvd. Fence 500 5721 James Pierce 1029 Prairie St. Repair 14,000 5722 Clete Link 1009 E. 4th ye. , , duplex (1 unit) 44,200 -. .d/ /./41 %54-el 5723 Clete Link l ''// 10 E. h Ave -1 duplex (1 unit) 44,200 5724 Mary Rudolph 637 Holmes St. 'garage - move 1,050 5725 Robert Davis 3063 Hauer Trail Addition 18,000 5726 Dorothy Egan 129 N. Main St. Garage 3,200 5727 Bernard Carlson 810 E. First Ave. Sign 120 5728 Gary Laurent 118 S. Fuller Sign 800 5729 Michael Menke 953 S. Clay Addition 12,500 5730 Mike Borgstrom 504 W. 2nd Ave. Addition 150 5731 Erhardt Dallmann 1970 F. 11th Ave. Fence 300 $ 198,-780- , TENTATIVE AGENDA. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 7, 1982 Mayor Reinke presiding 1 ] Roll Call at 7 :00 P.M. 2] Approval of Minutes. of August 17th and 24th, 1982 3] Communications : a] Dennis Moriarty re : Farmer-Bugher Mgmt. Co. Parking Lot Easement b] John T. Lynch re : Restricting use of access road on West end of Restoration site c] George Muenchow re : Community Services Proposed 1983 Budget d] Robert Vierling re : Alley improvements in Block 50 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS : 6] Old Business: a] Illegal Rental Unit - 436 East 5th Avenue - tbld 8/17 (bring 11c ) 7] Planning Commission Recommendations: None 8] Resolutions and Ordinances: a] Ord. No. 103, Amending City Code to permit an establishment to possess a set up license and a pool table license b] Ord. No. 104, Amending the City Code to conform to State law regarding gambling c] Ord. No. 101 , Amending the City Code regarding park regulations d] Ord. No. 100, Cable Communications Franchise Ordinance e] Or4d. No. 102, Establishing A Commercial Building Rehabilitation Loan Program 9] Recess for A Meeting of the Housing & Redevelopment Authority 10] Reconvene 11] New Business: a] 8:00 P .M. Public Hearing - On General Revenue Sharing Funds b] 1967 Off Street Parking Deferred Special Assessments c] Mileage Claim - Fire Department d] Hiring Consultant for Downtown Plan e] Authorize Purchases for the Public Works Department f] Authorize payment to Adrian Herbst g] Authorize payment to Wallace Bakken h] Authorize payment to Campbell Appraisal Co. Inc. i] Authorize payment to Suburban Engineering Co. j ] Authorize payment of the bills in amount of $51 , 986. 27 k] Res. No. 2044 Declaring Assessments and Setting Public Hearing on 81-2 Bluff Avenue Improvements 1] Report on Mr. Pumper' s Sanitary Sewer Service Problem m] Request for Proposals for Free Right ( 1st & Holmes Right Turn Ln. ) n] Alley Problem between Holmes & Fuller and North of Tenth Ave . 12] Consent Business: a] Accepting turnback of a Part of Trunk Hwy 5 Renumbered 169 b] Accepting Resignation of Police Administrative Assistant c] Authorize Hiring of SeniorAccountingClerk 13] Other Buspiness: a]toProposedD1983 oBudge�mittee b] Selection of Auditors c] 14] Adjourn to Tuesday, September 14, 1982 at 8 :00 P.M. John K. Anderson, City Administrator To The City Council: The First Presbyterian Church of the City of Shakopee , Minn . , will be in the process of completing our Church by adding the Bell Tower . This was in our orginal plans when we built in 1966 , but we had to place it on hold until we could reduce our debt . We now have a low bid of $43, 000 . 00 and we are asking that the City wave the building permit fees on this project so that we can start as soon as possible . First Presbyterian Church "..."1612"424g By : Russell No tin OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ .REG.SESSION SHAKOPEE , MINNESOTA AUGUST 17, 1982 Mayor Reinke called the meeting to order at 7 :04 P.M. with Cncl .Leroux, Vierling, Lebens , Wampach, and Colligan present . Also present were John K. Anderson, City Admr. , Julius A. Coller, City Attorney and HRA Director Jeanne Andre . Leroux/Wampach moved to recess for the H.R.A. meeting. Motion carried unanimously. Wampach/Vierling moved to reconvene at 7 :34 P.M. Motion carried unanimously. Wampach/Leroux moved to approve the minutes of July 20th, August 3rd, and August 10th, 1982 . Motion carried unanimously. Colligan/Leroux moved to direct that a letter be sent to our legislators expressing our support to H.R. 6296, the Housing and Urban-Rural Recovery Act of 1982 and our opposition to any amendment prohibiting the use of the new multifamily rental housing production program in communities with rent control ordinances or transfering the $1 .3 billion provided for the new multifamily housing production program to the CDBG program. Motion carried unanimously. Liaison reports were presented by Councilpersons. Leroux/Wampach moved to authorize the purchase of a hose washer for the Fire Department from Weber & Troseth Co. for $4,300 and directed the Finance Director, City Administrator and Police Chief to find a method for funding the unbudgeted $1 , 800. Roll Call : Ayes; Unanimous Noes; None Motion carried. Mayor Reinke recognized Wally Stock, Mayor of Prior Lake and candidate for state representative. Mr. Stock expressed his concerns about issues he felt were of mutual concern. Mr. August Dellwo addressed the Council with comments on the west side storm sewer improvement. Leroux/Colligan moved to authorize staff to obtain storm sewer assessment waivers of hearings from Mr. Wiggin and Watson Construction accepting the cost of 54 feet of storm sewer estimated to cost $1860 said costs to be spread over properties they own in the drainage basin. Cncl .Leroux asked if both parties understand that there will be additional assessments when Mn.Valley 6th and 7th Additions are developed. The City Engineer answered that they did. Cncl .Leroux asked if the $1860 cost was a 100% assessment. The City Admr. answered that it was a 50% assessment which is pursuant to the City' s current trunk assessment policy. Discussion followed. Leroux/Colligan moved to amend the motion by changing the cost amount to $3720 and tnaadd another sentence that this storm sewer extension is to be classified as the original portion of the west side storm sewer, which at this time , we understand to be a lateral . [Point of clarification: storm sewer laterals are assessed 100%, storm sewer trunks are assessed 50%] Bill Sinn stated that the discussion on this extension at the last council meeting emphasized pipe because no body wanted to make a committment whether it was a lateralor main trunk line. The City Admr. stated that this proposed pipe extension within the Mn. Valley 5th Add' n. is being assessed against property lying South and West of the 5th Add'n. , not against any properties lying within the Mn. Valley 5th Add ' n. (Therefore Mr. Sinn' s property within the 5th Add 'n. would not be assessed. ) Motion carried unanimously on amendment to main motion. Motion carried unanimously on main motion as amended. Proceedings of City Council August 17, 1982 Page 2 Leroux/Vierling offered Resolution No. 2034, A Resolution Approving The Final Plat of Eagle Creek Junction 1st Addition, and moved its adoption. City Admr. summarized resolution. Motion carried unanimously. Colligan/Wampach offered Resolution No. 2043, A Resolution Authorizing The Sale and Issuance of Commercial Development Revenue Bonds Under The Minnesota Municipal Industrial Development Act To Finance A Project Thereunder, Secured by Payments to be Received Pursuant to A Mortgage Loan Agreement and A Pledge and Assignment of the City' s Interest in The Mortgage Loan Agreement and Payments Thereunder to A Trustee, And Authorizing The Execution of Documents, and moved its adoption. Roll Call : Ayes; Cncl .Leroux, Vierling, Wampach, Colligan & Mayor Reinke Noes; Cncl .Lebens Motion carried Lebens/Leroux offered Resolution No. 2042 , A Resolution Appointing Judges of Election, and Establishing Compensation, and moved its adoption. Roll Call : Ayes; Unanimous Noes; None Motion carried Colligan/Vierling offered Resolution No. 2039, A Resolution Accepting A Modification by Enlargement of the Redevelopment Project and Modification of the Amended Redevelopment Plan, and moved its adoption. (Highrise) The HRA Director stated that the public hearing is being set for Sept. 21st at 8 :00 P .M. Motion carried unanimously. The Councilmembers, sitting as the Housing & Redevelopment Authority, did discuss earlier this evening the proposed downtown redevelopment project commercial redevelopment loan procedures and application guidelines. Leroux/Vierling moved to direct staff to obtain further comments from the Downtown Committee on the proposed commercial redevelopment loan procedures and application guidelines and bring forward to the Council an appropriate ordinance , pursuant to the guidelines set down in the HRA meeting this date. Motion carried unanimously. Mayor Reinke explained that the public hearing on expanding the boundaries of the Highrise Tax Increment Project will not be held this evening. (It will be held on Sept. 21st at 8:00 P .M. ) Wampach/Leroux moved to deny the request for variance application for ceiling height requirement for the rental unit located at 436 East 5th Avenue. Motion carried with Cncl .Colligan opposed. Leroux/Colligan moved to reconsider the motion to deny the variance request. Motion carried with Cncl .Wampach opposed. Leroux/Vierling moved to table the variance request until the City Building Inspector and the property owner can be present. Motion carried unanimously. Wampach/Lebens moved to direct the City Attorney to prepare an ordinance amending the City Code by deleting Subd. 3f and 3g of Section 6.31 thus permitting an establishment to possess a set up license and a pool table license. Motion carried unanimously. Leroux/Vierling moved to direct the City Attorney to prepare an ordinance amending the City Code by permitting gambling pursuant to state law. Motion carried with Cncl .Lebens opposed. Colligan/Wampach moved that the bills in the total amount of $262 ,036 . 28 be ailuwed and ordered paid. Roll Call : Ayes ; Unanimous Noes ; None Moctpn carried. Leroux/Wampach moved to approve Change Order No. 2 for Valley Industrial Blvd. So. , Contract No. 82-2 in the amount of $1 , 514. 13 . Roll Call : Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved the consent business: 1] approve application and grant an On Sale Sunday Intoxicating Liquor License to VFW Post 4046, 132 East 1st Avenue , 2] approve payment to Jeanne Andre in the amount of $31 . 69 for travel/subsistence reimbursement, 3] authorize the transfer of $2 ,000 of the budgeted carpet money to overhead door installation for the police station. Roll Call : Ayes; Unanimous Noes; None Motion carried. Proceedings of City Council August 17, 1982 Page 3 Leroux/Vierling moved that staff be directed to erect stop signs on the northwest and southeast corners of the intersection at East 4th Avenue and Spencer Street . Motion carried unanimously. Colligan/Leroux moved to appoint the City Clerk as acting administrator from August 19th to August 23rd while the city administrator is on vacation. Motion carried unanimously. The City Attorney informed the Council that the Shakopee Job Service has declined to execute a lease for use of the offices above City Hall , therefore, he informed them that they would be allowed to remain at the City ' s will , which was what Council agreed to at an earlier meeting. Leroux/Colligan moved that we add to our meeting proceedures the fact that we will , after this election year, not allow political addresses by any candidates running for office . Motion carried unanimously. Colligan/Wampach moved to adjourn to Tuesday, August 24th at 7 :00 P .M. Motion carried unanimously. Meeting adjourned at 9 :03 P.M. Judith S. Cox City Clerk & Recording Sec ' y. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA AUGUST 24, 1982 Acting Mayor Lebens called the meeting to order at 7 : 05 P.M. with Cncl . Vierling, Wampach, and Colligan present . Mayor Reinke and Cncl . Leroux arrived late . Also present were John K. Anderson, City Admr. ; H. R. Spurrier, City Engr. ; Gregg Voxland, Finance Director, and Judith S . Cox, City Clerk.. Colligan/Wampach moved to authorize the advertisement for bids for the construction of Levee Drive from Atwood Street to Scott Street , bid opening September 13 , 1982 at 10 : 30 A.M. Motion carried unanimously. The City Engr. explained the proposed bituminous overlay program for 1982 , which includes some streets west of Adams and three areas along 10th Avenue in the vicinity of Market , Atwood and Jackson. He explained that the bituminous overlay adds additional structure to the street and that prices for bituminous overlay are good this year compared to seal coating. Colligan/Vierling moved to approve the 1982 Pavement Preservation Program as proposed. Motion carried unanimously. Vierling/Wampach moved to authorize the advertisement for bids for the 1982 Pavement Preservation Program, bid opening September 13 , 1982 at 10: 00 A.M. Motion carried unanimously. Discussion ensued on the 1983 proposed budget . The City Admr. explained the proposed revenue increases budgeted. Cncl . Leroux arrived at 7 : 58 P.M. and took his seat . The City Admr. explained the options recommended by departments for budget cuts . The City Admr. explained the proposed pay plan for City employees . Dis- cussion followed. Mayor Reinke arrived at 9 : 04 P.M. and took his seat . Discussion continued on the proposed pay plan. The City Admr. explained the Five-Year Capital Equipment list and Five- Year Capital Improvement Budget included in the proposed budget . He also explained the taxing trends . Consensus was that discussion on the budget would continue on September 7th and Sertember 14th. The City Admr. advised the Council on current labor negotiations for the City of Shakopee . Discussion ensued on the current City Hall column in the Shakopee Valley News . Vierling/Leroux moved that Council and department heads continue writing for the City Hall Column in the Shakopee Valley News with the exception that if anyone feels uncomfortable doing it that they just opt out and that there just won' t be an article in that week. Motion carried with Cncl . Wampach and Colligan opposed. Leroux/Colligan moved to adjourn at 10 : 32 P.M. Motion carried unanimously. Judith S. Cox City Clerk & Recording Sec ' y. JASPERS, MORIARTY AND WALBURG, P.A. ATTORNEYS AT LAW August 6 , 1982 206 SCOTT STREET JEROME JASPERS SHAKOPEE, MN 55379 TEL.612/445-2817 DENNIS PATRICK MORIARTY y",A4 4 '},r P Fii 119 WEST MAIN STEPHEN W. WALBURG bn+ BELLE PLAINE, MN 56011 X132 TEL.612/873-2988 LEE VICKERMAN • n�C1 r Mr. John Anderson t+ O Shakopee City Administer Os( O 129 East First Avenue Shakopee, Minnesota 55379 RE: FARMER-BUGHER MANAGEMENT CO. PARKING LOT EASEMENT Our file #3435 Dear Mr. Anderson; During the past week we have had an opportunity to confer with the Shakopee City Attorney and the Shakopee City Engineer regarding the above captioned matter. We have discussed the various legal alter- natives available to my client, Farmer-Bugher Management Co. to resolve their problem with Mr . Cletus Link. This letter is to request a n opportunity to meet with the Shakopee City Council for a brief period during their regular meeting. Our purpose is to review with the City Council the status of this matter and the direction we have received from our client to seek and equitable resolution of this problem. We understand that we will be afforded this opportunity at the regular meeting of September 7 , 1982 . Thank you for your cooperation. Very truly yours , JASPERS , MORIARTY AND WALBURG, P .A. Dennis Patrick M riarty Attorney at law DPM:mg PLEASE ADDRESS ALL CORRESPONDENCE TO OUR SHAKOPEE OFFICE Et ,,,,,,,t. -,.„ ,t,-,...4,„, , . _ _. , . 3,6 m RPHY9S T AN D Cher Fr, ' 1982 CM' O+a".tt:A.;,:'_`RT£r a Minnesota Valley Restoration of 1840 - 1890 2187 #12, Hwy. 101, Shakopee, Minnesota 55379 August 31st, 1982 • Shakopee City Council 129 East First Street Shakopee, Minnesota 55379 RE: Restricting use of access road on west end of site . Dear Council Members : The Project is being increasingly subjected to trespass and vandalism by persons entering the fisherman' s road between our west gate and the Veterans' Memorial Park. 91 They drive either to Pond' s Grist Mill or down to the spillway on into the woods . They then proceed on foot along the river front to the north end of the Mall . ,; From here they gain accessto the Church and Atwater House `' or go further east to the Trumble House and other -=-� � structures where they drink, smoke, vandalize and some- times steal artifacts . We request permission, therefore, to close this road with a cable gate from 8:30 PM to 8:30 AM. We would keep the gate open from 8:30 AM to 8:30 PM to permit access for fisherman and hikers . We have discussed our problem with Mr. William Hauer. He advises that he also is experiencing difficulty with trespassers who drive down this road to where the city' s farmland begins . Hauer heartily endorses our proposal. He asks that you approve closing this road with the understanding that we will give him a key to the gate which we have agreed to do. We request your speedy approval of our request to close the access road. ailic-rely you , Wh‘ 4.A.,'(. 1/0.--d, Joh. T. Lynch/ General Manager cc: W. Hauer JTL:f City of Shakopee A K O P F POLICE DEPARTMENT SH`SSE SO, f 09 r : ���'�` A 476 South Gorman Street ``it1� SHAKOPEE, MINNESOTA 55379 `\ `' P ,� 111/77T Tel. 445 6666 ‘` •� L I G Jit 55379 TO: Mayor, Council Members FROM: Tom Brownell SUBJECT: Restoration Access Road DATE: September 2, 1982 INTRODUCTION The Restoration Board of Directors are concerned about vandalism and drinking parties on the Restoration Property which is the result of persons gaining access to the property using an open roadway. BACKGROUND The Quitclaim Deed executed by the Council February 3, 1969 stipulated the roadway remain open to the public with the intent to allow sportsmen to have access to the river. Use of the road- way for the purpose of fishing has decreased, and the police department has a problem partroling the area due to rough terrain which causes damage to vehicles. RECOMMENDATION Erect a cable gate and restrict use of the roadway between the hours of 9: 00 p.m. and 7:00 a.m. Provide Restoration onsite manager with a key for the purpose of opening and closing the gate on a daily basis during access hours. Recommendation has been reviewed with the City Attorney, Restoration Officials and the person leasing the land for farming purposes. COUNCIL ACTION REQUESTED Direct staff to erect a cable gate on existing posts on the road- way located between Highway 101 and 30 feet north of the Mill Creek; provide Restoration onsite manager with a key and notify the Restoration Board of their responsibility to allow access on a daily basis between the hours of 7: 00 a.m. and 9: 00 p.m. cSe¢ve 9aotect 'ttatkopee CIntruutttiitu 47cruires s 129 Levee Dove Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education August 26, 1982 Mr. John Anderson, Administrator City Of Shakopee 129 E. 1st Ave. Shakopee, Mn. 55379 Dear Mr. Anderson: The Shakopee Community Services Board at its August 16, 1982 Regular Meeting went on record to support the preliminary information previously presented to the Shakopee City Council regarding a Shakopee Community Services Proposed Budget for 1983. The Board would like to adopt a Budget of $ 130,4 00.00 and is requesting the Shakopee City Council to support this budget with a grant of $33,500.00. The Shakopee School Board is being asked for a similar consideration. You, of course, are knowledgeable about the attached supportive figures previously presented. I would like to emphasize the following for the Board: 1. The allotment request is the same as has been received these past two years despite the addition of new programs and increased costs. 2. One additional major fund raising activity is planned. 3. There will be a slight increase in youth Administrative Fees. 4. The summer Mini Playground Program will be shortened from seven weeks to six weeks. Your forwarding of this information to the City Council will be greatly appreciated: Sincerely, ,^w �4rrl Georg4,47e.:Muenchow, Dix'. Shakopee Community Services GFM:kml Encl. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 44 Sr Sr U) U) Sr O 0) S, d +) 4-) m N U I 03 C-I •r. 0 I 0 +) U U S. >> S. C 0 0 I 0 +) 0 U •,-4 E m a) cd 0 cn - 0 0 S. 0 u) >> d +) •rl m E .') S. +) 0 C`'1 in S. .0 a) 4) a) u) > 0 0 I O 4 U .H •rl 0) >, 4-4 4. 'd 1 +) •,-4s, 0 U) S~ 0 0 +) m > 44 -0 u) 0. 0 0 4-1 0 0 Q 0 a., u) 0, 0 S, a) a) S. C 0 0 0 L. 0 0 0 U) (1) S, S. U +) r-1 U a) 0 •.-I O.U +) 4. U) a. •H U) 0. H a) O ••-c U) .0 0 O. 0 0 0 S. 4-1 a. .-� O A S. 41 CO N 0 0 +) Cl) d •`)r-I S, cd cd O 0 Q 0 U) CO S. O +.) 04 0 0 •ra cd Ti w CO o a) • a) a. ..0 .rl W -) •1-) T) O ,C •r♦ 0 >, Q) 0 C: •,1 a) +) 41 > u ,-i u) U) U 0 0 +) o C . +) i, •,1 cd c 11.n Cl) C E i 0 C .) •,4 4. .c. cn L cd a) +) U co lc .c-) •r. .0 C Q) I a) O id .-i a) a) O O 'V S. 0. E d O E .-i I O a) +-, 1`- S-, .0 $, 0 40 .0 0 0 •r. 3 .0 .0 b '0 E C •r. ci +) U 0. 40 > 041 - 4f) cd .0 d 0) m +) O 0 +) .0 S-. E C ci a) Hi 0 cd •r' O u) 'd C. a) in Q. C 0 .0 Cd U •-4 •r1 •rl • . -. TJ Hi -1 S. S. 4) E l; .,-i C '0 TS S. X S. in +) 3 u) d a) cd +) d d (14 +) C 40 S, cd 4) •ri S. C 0 Z (1) 4-4 +-) .,-c 0 TS C .. 0. 0 E .• 0 S, E • + C O CO .0 cd d .0 u) a) U a) C 'd O m Of •H 0 C_) 0 (1) 1 4-4 S. •,-4 4. 0 a) U 0 E cd S, S. d Q. d 0) 04 X 4-. • S. 0 4-) +- 4. p.. +) +) .0 d al in 0 d .0 Ci C • O 40 u) ') 4-4 V a) a) in 0 cd C C 0 E= 0) E C=. U +-) 1 0) U .� S. a) 4) o23 0 +) -r. 1 E 0) >, 404-) 1 •H 0 cd U) 1 U X S-1 cd , +) d C d S. F-. 0 04 .-4 S. 40 co cd in S. •r1 • d >, C I z. 0 0 a) 40 0) .0 0 .0 a) - 0 U) +) ', 0 0 4D R. +) U) •• 40 a., u) a) ...-• 04.0 H U) •- U Ti a) 0 S. U 0 >•, .0 C 4,) H S. 0. 4 a) >, 0 ,H S. in cd O 4) a) C 0 a) d U d u r-1 C •r1 0 i • S. 0 +) r-1 V 1 d 0 0) 0 to C I 4) 0 U i) 4 S. ,..). d + d •-+) S. - •.-i ' 0 •ei .0 S. 1 Sd +) • , O U 0) a, ,.a 0 4 0 0 > S. d Hi +) m d m .0 0 S. 1 . N 40 0 •,-c O • +) X +) u) C O .0 0 0 0 E 0 S +, 'd .0 E 1 1 0 •. 0 •• O a. 0 U O +) .,-4 0 d a) 'd .. ) A T) -J-) U (H +-) .C: cd E .a) C O r+ >, 40 d 0 +) U) V O.+) 0 3 S. C 0 0 d 0 C +) 0 H U) d H 0 3 0 .-1 .0 \ S 0 E . cd H .H4 E O n C •r1 .-. E •rl 0 +) m cd 0 (I) S. a. Fr. d (. +) S. ..4 0, 3 4. u) 4. 0 -a 4. 0 cd +) .--1 - cd •-4 0 0 P, a) >, 4) d u u •r. a) .!C a) o Hm O s a) E •• cd u) E, 4. 1 0 0 E u I I C m m0 C C U 0 0.. +) Cl) '_ m d .,.i* 0. (1) S. 0 0) 4-. a.•.-c o23 •-1 >. 0 Cl) a) 0) .0 m Cr m .H .0 '0 •r. .0 4) +) (11. +) 0 0 m 10 0 X m +) S. 0 01 U) S. 00 C m WO .4-4S-4 I a) +) cd C. 0 0 m +) •.+ m C W d 40 0 40 u 0 40 0 0 Cf) d m T) 0 ')0 + r ) . , 0) 0. >,•r+ m d 0 r-1 0 0 C cn C cd C •- 0 I 01 0 r-+ S. C 41) m TS >, S, •r. C E m S. in H 40 cd .0 r-1 0 •rl 0 d •P •.-1 S. TS c.3 H Cd d Cd C 'Cd .0 0 d u a, - 3 0 0 d. S. a. 0 0 +) 0 I S. S, •,1 'd m 0 C d +) .0 .0 •.+ C m O 0 >, m •rl 00) 4-4 +), 0) 0 > C Sr +) a) C H H 4-) C- 0 m 0 .R C.) 0 +) 0 U) TS •r. C4---i a)- 0 +) Q 0, S 0 . En 0 Hi d 1'd •, Cr. d m C •+ •-4 C 0 +) a) o a. S. S, d 4-i cd a) +, ). Q CY C • 4, 0 0 0) asS 1 . 0 . .0 +) 4 c: 0 a) 0 +) O H d 0 a) ,4: 0) 4-4 S. d U) 0 1)7 d 1), +-) n, 4. 51. 40 [-+ Fc d n, 0 in 0 H .0 X. U d Q in U 0. ) m I-C V o a) •.1 (1) LI) S. ,C_ 0 •• C u E-, a) • 0 0 X o 0. S, - u) N 0 0 H O o O O o O -i H 0 0 • O U N Cr) M Cr) m �) C 00 (T u� Q 4 E 0 S. rW-) ... -? -1 .-/ - - -1 -f - -1' 4-1- Y O cd 0 id •H S. E 0. o O • 0 0 >, 40 -) S-, U 4 C • •'- a 0 U E d 0 0 --N ..-4$4-4 II ^+ d .0 E S. •'- 4-, •• 04-1 >, r1 1 '0 +) Hi d 4D C in 0 0 0 S. H S. S, a .-S S, 0 d 0 3 •H 1 (1) 0 •• 0 O O (Cl 'C) cH d 40 S, 0) •rt a) +) d 'd 0 0 •r. m U) .0 •,1 0 •r. O O C14 H +) 0 Cl) 0 U a) 0 C .0 a) U u 'd S. C > 4. S. 0 m O T) S. O N m >, E d d of -H cd 0 +V) O m 0 0 d 0 C r-1 •,-, +) 0 •rl S. >, m S. Q) S. 0 E d O m H •r. H +) 0 S. E r+ a. 0 0) 0. 0 0 in 0 0 '0 .0 +) U d cH a. .-1 m C 0 0 - m •rl V •r. 40 u +) +) >) C - C > •4-4 a) E Hi C ^) >, > S. in d •ri O 4-+ d •r. V 4D 0 S. O d ••+ V 0 0 C .r1 C 04 0 +) H 4.0 +) • +) 0 m +) a) - 0 0 0 '0 4. 0 0 4•4 •r. 0 0 0 C m f-, O C a) •• S. r 0 S. +) N C 0. ,0 0 1 u C 1 •r+ 0 0 '0 a ,--I IC) •,1 Q) ;{ d U 0 0 in t E I .0 ^ u) 0 d X U) 0 0 .0 t (O •r. E-1 0 .0 4-) •H 0 •H 0 om +) 4) U) 0. 0 40 a) ,0 4) ) S 0 . S. S. 0 +) .-1 (1) 4-, 0 V •.-) O r--i 4-4 +) .0 >, S. .0 +) d +) 1 d ( 44) 440) 4 >, ri U C O d d - C 1 +) d 4-) I-4 +) 0) m (1) '0 0 0 H C d +) 0 .,-C S. U Cd .,4 SI 400') 0 a) 0 >-) 0 ,--- .• C 0 H 0 d S. in •41 S. U •,•+ U a)) 0 COCCI 0 E S. .X E •H C U •rc 0. 41 S5. 0 0 E 0 +) H V 'd 0 •4-1 •r. t-- C •H 0 0 •H 0) m •ri . m Em •.-. - +) c:3Q) S. C C E 0 .0 r-1 •+ +) 0 0 •-) E >, S. S. 0 d 0 I u) m C cd d H .0 cd *4-4E 0 +) 0 0 .-1 in 3 H S. 0 0 0 0 +) 4-1 40 S. E m C d 0 3 O 0 •r4 'U Ti H •N +) +) TS 40 3 0 0 Q C-4 •H d 0 +) +) 1-] 0 U .0 3 0 d 41 r-1-,IN m S. 0) d 0 0 F: () 41 • 0. a) S. d 0 S-. 0 S. 0 0 .-i S, n1...IN 0. 0) •H 'd •,1 4-1 (1) (1) a. Cl) d H d ,k3 C H O m in U 0 4-. 0 0. 0.H •N 0 • +) E_. 4. 0 0- 0 a.•r+ H •r4 CO O d 0 m C 0 in 0 d d U H •ra 0 0 0 41 - d in d a. a..0: 40 V 0 I S, .0 I S. a.'d X U) H I ,•-H .0 U >, 4 m S. • H O X 0 O 0 4-41 C 4,1 0 0 C m U) 4r1 0 0 •• U U C) 0 +) S. .. T) 0 d +) m in N in +) 023 0 d E 4-4 in m c8 04.) m H m m m E C +) C d CID d C HI a. • a .H a) 0 0 -' E 0) 0 +) 0 0 a. Cl) 0 4--1 d (1) (I) LZ, d C .0 d ,--i >,Hi •,-. .4"1 > 0) •rm S + d . S. +) S. 1 O •r. .0 >, 0 E: U I •.-1 40 40 11 (1) CO d +) 0 S. S. Sr r+ S. S. +) 40 0 in m 0 •rl 4. +) 0 E 0 •r1 r1 U S. 4-4 'U 40 0 •H 0 0 d 0 0. d +-) 44 >, •.• 0 b Q co 0 ri H ,sC > a, C m 0 4-4 ,-1 d O N S. H .0 m H a. 0 Hi u) d d E S. O d fx. C C d a. S. S .-1 , a. 0 O 'd H 4-) d •rS 1 . G' tom1- 0 •• U 0) d 0 0 S d C . .-1 .C". •,-I0 W 0 0 0 E O r-1 0) C +) H .,1 •rt 0 +) 0 d E-. 4-4 ,0 U) Q co co a. co •rl 0 a, m U +) r-i 0. n. .0 :I: 0 3 d co co m a. d 4-1 X; m CA 40 Ti • C • it •• 0 H .4 in E 0 0 O O H O H a) 0 N O 4-1 EA 0 0 Crl .4 .4 Cry Cr -H H N Crl 0 0 H 'I 1--1 HI Hi Hi HI N N N 1--1 P] in .0 -4- - -. -1- ? 0. -. -1' -4 U CO a) c. 0 0. U) 'O O O 0 OHO ul O'O M C) OO 0 OO N. N 0 0 n c'1 U) ul r- n ' .O O' CO .-1 • CO O O (41. 0 .-a 0 1-1 ul c•-1rt O N M 0'1 } '--4 ,-1 •--i C., V? i? <I> • O r` O O O r- N ul O N- M +-1 O O O 0 N r- O -r N ) L 0-1 O O ill M 10 CO CO c'1 .--4 CO 0C ^ ^ ^ CT 'b c'1 Cm .-+ •-1 c''1 CO n CO •--- CO J •-+ G c'*) .7 M .1 al — .--i M CO ,--i .--1 U> N', <A- g ,---. E O .-, .--1 ul '.O O C 0 '--1 0 •--1 CO M .-i 0N000N 000 CON. u1O •-, r� CO •-r cG Ill -.Zr 00 O �' 1-/1 r- N. N N CO v .--i CO O ^ i.; CT J-1 M .-1 N .--- c"1 N O O —I N -.7 N '-4 U cn -Zr r1 '-4 Q\ N '--1 . M 00 d --+ ..-1 b U> U> U> G PO "U G 0 GT-, O '--1 --+ ul u1 O N -Zr Cm m CT '--1 ,-4 U1 01 O O c''1 O N CO -Zr M CO Ch c111 U) O G 1!1 r- N CT .-+ N. N CO CO rs '7 41 CO G ^ ^ '.O U ON t-, 0 ,7 '-4 - N '.O M O •-4 -Zr 0.--1 •1-1 '-1 U M -Zr M .--1 CO N ^+ c+1 I sa (A (I)- C) 4-1 •r1 G • G 0 0 0 M CO .--1 U) N w 0 G') Cl) G c''1 • U F U) (1 R'+ Sa C) 1-i N r-i '23 U) .0 0 . 11 'T L) > NE a) 0) 0 •� Tb U U G• Ci] G G v Vv) .-%i N al • 0 O > C) 4-1 a 0 0• w 4-) 0 CG 4 ,-I U) W tea) C C, m U) .n ,4 W .-1 Oro v ,-a .-4 0 G .4 C) C) -H .-4 v-+ ro u G 4--1ro m .. G) ,. CO a m ,. •.H o 4-) G O G >� C) 4J U G o 'O m Cl.•4-1 0 CO CP G U cG +-1 G U) cG H G Cl. P.H U) C) O .0 G O •,-1 I-+ 0 a) G (C) C) 'O > h1 U 1-+ U Z H P.P+ U U C CV a w w w • • ...12 n.--.. ... moa 0'` 20 M O N O Q S U I .-1 n O 1 Z P n O = O O O t n 0 0 U 1 O O O 0 0 0 0 0 0 0 0 0•n 0 0 N O o 0 0 0 0 0 000 U)O N P O O r- n n 0 0 to O O O 0 O 0 N P U)U)N arcr U) •l)G o a S U N T P U) U) W .0 U)n .". d P O P .O m c` )M N P ♦ d m m.0.1 P 4 4 LL .-f W a) .0 n 4 M n L 4 .-1 0N 4 n O .4.1 O O a O ,CI.4 ., ..4 N nn N .i.•1 4 H N N)H' 1.1 n C' n U)e)Cf N o n en 1,O a'0 0 0 n n N n O N O o O o a 0 o ma O r OU) POOP[, O c In UI00 OU) O In U)P U)InN 000toNOO IT W O N ¢.P )) 0).0 U)n ..I a) P O 0. .0 a C' U)M N 4 f 4 Q) C0 0.d P f Or M O W q)Z M 4 n M 0 4 r 0N .4 n O .4.• O O I_ m .0... a MI N 141 .0 U M .4.. W 7 0] J a a NI- 0 f. MOP- • M N6- 07 0• W U 6 .+ 4 I- W W W S N N m 2 06 nN.-4O•00' M O../P PU)U) .O.O U7 N P OG 07 N N44 M 10 4 N n 0) m U) n n N m 4 4 M N N O m P N O .4 N O 0 o .-M '.04 PO4 )N..n C4P f N.0 M.1 N .+.I.4 00 C a'a' I 7 I 1 04.4N-4.4N n M 4 .0 NN .0 r0 nto to f- O ,.y W 1 0 CA 0 a 0] 0 N O O O O O N O O O O O 0 0 0 0 CJ O O t)O O U) O CU 0 0 0 N.P NM N U7 O O O O P O tl 0 O n O N 0 U)u7 O UTP O N N U 0 0 U)I!'1 1 C0a .44MCONO.OfaNnO,N NOf U)U) 0).OM 00P1WWN...nnn 1 O` a 00"00110N/.. ....../ P4 .r LJ -4.-1.1 -.4® m 2 .. n .0.4 Cr, .4 .4.4 o ,-.1...• ►r • 41) • .1 .1 • 2 > = ..J M ►+ O 4 .)Mm4N 0000n .Innenn U)4 Nt)P Nr OON.-I n.-1* Z r O 4 .-1O CV0..e M1 WI 0.10 U) C)O.r .+ .0 P to0 .0U) .0 NP U)U) .0n 0+ C c O mH 0'M If)NP P n.-1 m0• NN .04 .00n N .04 N NN.4..4N mm 0 2 0•U O0' n4N 0 4.4 N 0•N M O ..1.4.1 .1 NN O .44 .0 M 0• H ....1.1 2 fti .4.4 0 Y- M Q I- N w 4 o cc J W L) 4 0O0P).-14 aN.4n4 .0 .1' .1.0.01.. WOn.0nn N40nn tY 2 W 00 .04 m40` 4tnn0P .OtnC000 .ONPMn 4.00Mn U O O o t- !-r x 0' 4[` 4 0 4 0` O P N.0 .0 U) 4 4 4 N N n u n..0 P P W 1. MU O 4 N n N n .0 4 4 O P 44 N N .d O O W I. M ...gat U7 N W N .W N N i M W ., .4 ., LIw • M .3 on (.7 W w 4. a v) IY U 0 LI Ir 1- 2 Li 4 •D •-• O M a a Q > L w I 2 v) G.) W 0 o¢ m amp., 2= O0U WW .- o z O 00w T a > WN = ....-. a0: 072 O W W M .-. e20 J W .00 1- ... up-=, x W... O W W .. .L. M J • m W (n -1 Nam wee U O a a 2 2 •J 4- (nN ....0 M W • O 22 O U C7 J P. 4 W a 4 ad 2 04 Ll N 0 pe 0 V)V) Q. J a 4 V) N 0 Y ...ICC U tL - Z 1.. M J 07 LL U 0 M 4 1- M 1=. a M. r > 4 1.✓-.V O V) Cr .• J R J V)V)W O 00.-W 1- 1. 1 ►- = 4 a WO. LL.JU V) J S 2 0. 2 Woe W m W W O•-'N M. . Q N W M i 11 O W •-'0. 0 W WW U022 WM., Z W 5 CL ,./) 0 V).4 V) W V)O C^ 4 0 .. 2 ne C7 U W 204- 4 1 4 0 W O V1 0: W U U WW 2 2 a _W W Z Z N N W c, W C^ J ...1020m6.- 1- U O w v) 01W 00 = J...a ►- o .4 J 4 40 22 w cY W 00 .d F- 2 J J W O a J W 4 a W 4 0 ..V) IJ J W J I- J S 2 J 0 0 0: >- 0 4 4 4 V) J Y 4 a 0 J .-+4 1a. 1-- W> Z 0 J•- W N 4 U 4 r 4 U O 4 O O .- J J O 2 d O C N .-.O.- O V1 J 4 f' V)...2 2 W 1- V) W I- O W .-S 2 H ti 2 4 4 W W W 0 0 0 0 0 0 0 a 0 W O O Z t- tJ 0 0 0 M O 4 0 W W O Q 0 2 • U .- N V) a s S 7 •- N L 0 W►-a s .-1- a .-•0 0 U 0 M- Z .- U 1- Z O 1.- 1.. 0 U J JO N -) W o U 0 .-1 O.1 • O N G` N • 0 0 M O O C' O POM • 0` • .4 • 0 0 • 4 4 7 W 9 C n Q 4 N U) • .. N n n • .I N N n U) .0 P m 0' M • 0. • ..I . 4 0 . 4. 1- a' m .. .d..4.1.4.4 • N N N N • n n n n n n n n n n • 4 • U) • C' 0` 4 0 0 .+ .. ... V 444447044444. 44. 444444, 4444444 . 4441-4- M } . . C� O x 44 CD O C4 w CD O C4 a CD O Pa rn (7 M v1 O ul � O O n O O ,l 0 0 0 0 ,l 0 vl ,'1 t� v1 u'1 n 0 0 0 vl vl H N 00 n t.n v1 co 4D on M CO ' 4 O OA VD 00 O Vl M N ,7 ^ Go 00 VD F 4 N. O Z op ,.O M �7 M M O ,7 •-4 N '""1 M M OO d CO -4 0 .-4 N .-i P4 3 1-4 Pa co co- co- ZO 000 v100v100000000000v100v100000 0 to QD ul .-a O CO M O ,.O N. N O 00 N N. O .-a r- vl CN O` M VD ‘.D N M vl C0 H ,,D M N. O.' N. N. .-1 O1 N .-4 .� .-1 M .4 vO •-+ d' M rl .-4 .--- 0 E-+ qq M M O N U1 VDN W O N C) d H N x a A co- EA W '000000000000000000000000000 000000000000000000000000000 0 Z 0N O MONN0N - -r000 -7 -70N - C CoNNN . C0 0 CO Mt, u100 . '1 7v1N00 , M COMvDMN N .-i .-+ •-1 •-+ 00n ^ N M C7 O W A n CO .I .-i .-r 0 .--I -7 ..4 O N I WOfx .7 G1,' 6 N �7 'i `D C.) a An- BN O N QA vl 0 M u'1 u1 M v1 0 111 0 M 0 00 C -IM M N 0 0 000 00 M I W ,t 00 N 0, O\ 0M N ,..0 ,7 0 r CO .7 on N -4 ,--4 N N CO OM O, M M N 0 0 . q M vl —4 CO o 6 0 I-'i P+ v' P-I �" IM 000 • ,1 0 0 ,1 Ill N lfl O v1 O N O n n O1 N N .4 0 0 0 n n P CO O M . N. v'1 I. N N -.4 N O N 0 •-4 'PIM co CO -.1 -.4 O\ vl v1 al MCoco0 00 oN H O N cr, .•a co .--i M N O N ,7 N r, .-a .-4 .-a N. �7 - .-4 .--4 tin o N Z OCD on z00.14) C) r, ,t .4 .-- M 4:, M N H P: C7 co Z 44 000 v100 ,100000000000v100 ,100000 0 v1 O vl n 0 0 n 0 0 v1 0 0 0 0 v1 0 ,l v1 n u1 vl , 0 0 0 v1 if1 0 N CO N- t!1 LIl CO CO 1.11 M CO .--4 O O.' VD 00 O on M N - ,7 •-4 CO 00 4) n - HH 00 CO 01 �7 M M O -7 .••4 N .4 M I. .-4 .--i 0 to 0 %.0 -1 0 — N .-i H H ..4 N D H A • LID • W Q0 W • cn C) P: W - a H H W W HE- HHW «D 04 W cn En W 41 a a0 0 •Z a H C) Wz • cn W wo C) - D W H W H 44 Cute44 ,1 C) ,-.1 6 r7 En H H Z vii •27 W W W O' r-7 g 0 co c/4 II 1 Z W Z Z O W W H W 6 un C) 0 P; E+ H cn Up cn ,Zs cn O CO D H H Z •A3 C7 C) W Z uo .1 I H P: W W H C) OWup HW En 44 Hd1-4 aa Z un O C) HH x PS • Z cocoC7r-7H •aw ¢ 44PH H v) P: H HC) W .7 ZP4 W 6P. W HPHu W O H d O H Zun H A <4 ' 4woQO4wo � ¢ "g6 ¢ WwaAo'.-aow04C4ZHaaw n up P+ P+ x3 <4 vi Z W CO a 44 H H w H D 04 CJ A d C) 6 z c4 H HA H C A c.-1 OW OOOr+ O -4OONN000 •-a000000 •-4 Or-' 000 HH 'K CO '"7 O M -r -r vl un H N Cl M .-1 N N M v1 VD N. co cn 01 H .--4 H 00 4c cA .-4 CO .-I .-1 .-1 .-- .-i ..-1 9C N N N N Cl M M M M M M M M M 9C LP1 9C CM O, 9c,f VT,T 9C r+ ..-r 0 �Y ,TVT ,f ....1. ,f 9C V7 .7 -7 ,7 .7 -t ,T ,f '1. ,t ,1 ,T 9c 9c 9< August 23, 1982 LEGAL NOTIFICATION 3 ci Robert F. Vierling 221 E. 4th Ave . Shakopee, Minnesota Shakopee City Council 55379 City of Shakopee Re: Alley improvements 129 E. 1st Ave . in Block #50 Shakopee, Minnesota 1 55379 Shakopee City Council: I am asking for answers to my questions in the letter of May 17 , 1982 and this present letter of August 23, 1982. I was informed by Council-men Jerome Wampach that the City of Shakopee is going to straighten out the alleyways in Shakopee . According to Judith Cox, city clerk, the alleyways are a legal sixteen (16) feet in Shakopee . This is also true on the city plate. With true accord- ance to the city ordinances this should mean that the full sixteen ( 16) feet be free and clear of all obstructions such as poles, gar- bage cans, buildings etc . or any object that would obstruct the full alleyway. Sommerville, on the East side of block #50 is already too low. In fact it is so low that curb and gutter can not be put there. Now is the City still going to lower Sommerville end? I also want to know the name of the certified surveyor that is going to survey the alleyway. I would also like to know why the council people do not set a good exm ample and have their alleyways tarred? Why stAkt in the middle of Shakopee? Also why do not some council people have a alleyway by their own property? I want to also make sure that both the entrances in the alleyway in block #50 are the full legal sixteen(16) feet. How do I stop Charles Cavanaugh from throwing his empty whiskey bottles on my property, which he has done, all these years since he has lived here . How do I stop Jim McNearney from digging up my boulevard and killing a tree and digging up my tar gutter? How do I stop Jim McNearney from plowing up my boulevard in the winter and then piling up the snow on my sidewalk, to over six (6) foot high? How do I keep the Cavanaugh and McNearney Mortuary from blocking my driveway? I am asking that the City of Shakopee give me a answer to my questions in writing, as I have submitted them to the City 'of Shakopee in writing. I need this for my own records and also for my attorney. (2 . ) - This will eliminate any questions or denials as to what has been said. Phone calls can be denied too easily and this will prevent that sit- uation from arising in the further. This is to put the City of Shakopee on notice that Charles Cavanaugh's old brick barn, that was condemned over fifty (50) years ago , is part- ly on my property and that I will not be libel for any injuries or responsible for any other accidents caused by the decrepit conition of that old brick barn. Charles Cavanaugh was informed by my father, Nickolas G . Vierling and myself that the old brick barn was part of our property, and so was Jim Mcnearney when4purchased the property from Charles Cavanaugh. I would also like to know when the alleyway light will be properly placed in the center of the alleyway where it is supposed to be so that the whole alleyway will benefit by it? Or is the City of Shakopee in these matters going to make variances for just certain people and in plain English say: " The hell with the rest of us , as has been done in the past" ! Thank you. Sincerely, Robert F. Vierling 1 ;32 CITY OF SHAs(O 'xEE geL,) MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Amending City Code Regulating Issuance of Pool Table Licenses DATE: September 2 , 1982 Introduction Pursuant to Council direction on August 17th, Mr. Coller has prepared the attached ordinance amending the City Code which will permit an establishment to possess a set up license and a pool table license . Action Requested Offer Ordinance No. 103 , An Ordinance of the City of Shakopee , Minnesota, amending City Code Chapter 6 entitled "Other Business Regulations and Licensing" by Repealing Subd 3F and 3G of Section 6 . 31 entitled "Billiards , Pool and other Game Tables" , and move its adoption. JSC/jms ORDINANCE NO. 103 Fourth Series An Ordinance of the City of Shakopee, Minnesota, amending City Code Chapter 6 entitled "Other Business Regulations and Licensing" by Repealing Subd 3F and 3G of Section 6.31 entitled "Billiards, Pool and other Game Tables". THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTIONI: REPEAL Subd 3 F and Subd 3G of Section 6. 31 entitled "Billiards, Pool and other Game Tables" are hereby repealed. SECTION II: When in force After the adoption, signing and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1982. ATTEST: City Clerk Prepared and approved as to form this 30th day of August, 1982. z2z14:4:71est Jul-ius jA. Coller, II r { City Attorney (fib MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Amending City Code on Liquor and Beer License Regulations DATE: September 2 , 1982 Introduction Pursuant to Council direction on August 17th, Mr. Coller has prepared the attached ordinance amending the City Code to be consistent with State law regarding gambling and gambling devices being permitted on premises holding a beer or liquor license . Action Requested Offer Ordinance No. 104 , An Ordinance of the City of Shakopee , Minnesota , amending Chapter 5 Entitled "Liquor , Beer and Wine Licensing and Regulation" by Repealing Subsection 6 of Section 5 . 13 entitled "Beer License Restrictions and Regulations" and by repealing Subsection 9 of Section 5 . 32 entitled "Liquor Licensing Restrictions and Regulations" , and move its adoption. JSC/jms ORDINANCE NO. 104 Fourth Series An Ordinance of the •City of Shakopee, Minnesota, amending Chapter 5 Entitled "Liquor, Beer and Wine Linensing and Regulation" by Repealing Subsection 6 of Section 5.13 entitled "Beer License Restrictions and Regulations" and by repealing Subsection 9 of Section 5.32 entitled "Liquor Licensing Restrictions and Regulations". THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I. REPEAL Subd. 6 of Section 5.13 entitled "Beer License Restrictions and Regulations" is hereby repealed. SECTION II: REPEAL Subsection 9 of Section 5.32 entitled "Liquor License Restrictions and Regulations" is hereby repealed. SECTION III: WHEN IN FORCE After the adoption, signing and attestation of this Ordinance, it siall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of __. , 1982. Mayor of the City of Shakopee �~ ATTEST: City Clerk Prepared and approved as to form this 30th day of August, 1982. i 4� Julius : Coller, II City Attorney _,_._.-- -' cy -J ILIUS A.(;OLLER, If JULIUS A.COLLER ATTORNEY AT T.A\\ 612-445-1244 18'59-1040 2 1 1 WEST F IRS T AVENUE SI].AKOPEE, MINNESOTA scsazo August 20, 1982 • TO: JUDY COX, CITY CLERK FROM: JULIUS A. COLLER, II, CITY ATTORNEY RE: ORDINANCE 73 and SHAKOPEE CITY CODE Section 10.71 In view of your memo to the City Administrator dated July 26, 1982, it would seem that the simplest way to accomplish what the council wants, namely, to repeal Section 10.71 but keep Subdivision 2 thereof and integrate it with Ordinance 73 previously passed would be simply to repeal all of Section 10.71 of the Code except the title and Section 2 and then this will be integrated with Ordinance 73 at the next codification. In view of the length of the new ordinance, a summary would not be appropriate. Julius A. Coller, II, City Attorney Action Requested : Offer Ordinance No. 101 , An Ordinance of the City of Shakopee, Minnesota Amending Shakopee City Code by Repealing Part of Section 10. 71 Thereof, and move its adoption. ORDINANCE # 1 1 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING SHAKOPEE CITY CODE BY REPEALING PART OF SECTION 10.71 THEREOF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I: REPEAL Section 10. 71 of the City Code, except the title, to-wit: "RULES AND REGULATIONS GOVERNING PUBLIC PARKS" and except Subdivision 2 thereof, is hereby repealed. SECTION I I: WHEN IN FORCE This ordinance shall be in force and effect from and after the date of its passage and publication. Adopted by the City Council of Shakopee, Minnesota in session held this day of , 1982. ~- Mayor of the City of Shakopee-------- ATTEST: hakopee ..a--ATTEST: City Clerk Prepared and approved as to form this 20th day of August, 1932 City Attorney ... dr MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: Cable Ordinance No. 100 DATE: September 3 , 1982 Introduction On August 10 , 1982 , the City Council adopted Ordinance No. 100 , which awarded the cable franchise . The City Attorney and City Clerk have since recognized certain minor changes necessary to conform to the law and incorporate this ordinance into the City Code . Background Copies of pages which have been changed are attached. A brief summary of each of the changes follows . 1 . Page 6 - the title and inital paragraph have been changed to coincide with the general format which allows ordinances to be incorporated into the City Code. 2 . Page 109 thru 112 , Section 15 - the signatories of the franchise have been revised, language has been added to allow for a summary of the ordinance to be published rather than the full ordinance , a new Section 15 .02 , Effective Date , has been added and Section 15 .04 , J. has been completed. 3 . The prepared summary has been included as part of the ordinance as required by law. Requested Action 1 . Move to reconsider Ordinance No. 100. 2 . Move to amend Ordinance with recommended changes to pages 6 and 109-112 as contained in the memo dated September 3 , 1982 , by Administrative Assistant Jeanne Andre . 3 . Move to adopt Ordinance No. 100 as amended. JA/jms ORDINANCE NO. 100 FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE CITY CODE BY ADDING THERETO CHAPTER 15 ENTITLED "CABLE COMMUNICATIONS FRANCHISE ORDINANCE" THEREBY GRANTING A FRANCHISE TO ZYLSTRA-UNITED CABLE TELEVISION COMPANY, TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF SHAKOPEE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. SECTION 1 . STATEMENT OF INTENT AND PURPOSE, AUTHORITY, FRANCHISE APPLICATIONS . 1 .01 Statement of Intent and Purpose. City intends, by the adoption of this Franchise, to bring about the develop- ment of a System, and the continued operation of it. Such a development can contribute significantly to the com- munication needs and desires of many citizens of Shakopee. Further, City may achieve better utilization and improvement of public services with the development and operation of a System. Studies engaged in by the Shakopee Ad Hoc Cable Communications Committee created by the city council of City have led the way for organizing this means of procuring and securing a System deemed best suited to the cable service territory comprising the City of Shakopee. This has resulted in the preparation and adoption of this Franchise. -6- SECTION 15 . EFFECTIVE DATE; PUBLICATION; ACCEPTANCE; GUARANTEE; EXHIBITS 15 .01 Publication; Posting. This Franchise shall be signed by the Mayor and attested by the City Administrator and City Clerk. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of this ordinance in its entirety is available for inspection by any person during regular office hours at the office of the City Clerk and the Shakopee Library. Publication of the official sum- mary shall clearly inform the public of the intent and effect of this ordinance. The City Clerk shall see that a copy of this ordinance is filed in her office and in the public library of the City of Shakopee, which the Council hereby designates as locations at which a copy is available for inspection by any person during the regular office hours . 15.02 Effective Date. This Franchise shall take effect upon issuance of a Certificate of Confirmation of this Franchise by the Board. This Franchise may incorporate by reference, without publication in full , a statute of Minnesota or a rule of the Board or the FCC and the offering of Grantee. 15 .03 Publication of Notices. All public notices required to be published by City, including this Franchise, shall be published in the official newspaper- of the City. -109- Grantee shall pay the costs for publication of this Franchise and amendments to it, as such publication is required by law. 15. 04 Acceptance; Time of Acceptance; Guarantee; Incorporation of Offering; Exhibits. A. Grantee shall have 30 days from the effective date of this Franchise to accept this Franchise in form and substance acceptable to City, unless the time for acceptance is extended by City. Such acceptance by Grantee shall be deemed the grant of this Franchise for all purposes . B. Upon acceptance of this Franchise, Grantee shall be bound by all the terms and conditions contained herein. Grantee shall provide all services and offerings specifically set forth in the Offering to pro- vide cable communication service within City and, by its acceptance of this Franchise, Grantee specifically agrees that the Offering of Grantee, including all pro- mises, offers, representations and inducements contained therein, is specifically incorporated by reference and made part of this Franchise. The failure to refer to the Offering in any specific provisions of this Franchise shall not be a limitation on the obligation of Grantee to fully comply with the Offering. Grantee further acknowledges that all promises, Offers, repre- -110- sentations and inducements contained in the Offering of Grantee were freely and voluntarily made to City by Grantee. C. The Offering shall be permanently kept and filed in the Office of the City Clerk and the originals or reproductions thereof shall be available for inspec- tion by the public during normal business hours . Also, the Grantee may summarize the Offering in a manner acceptable to City or reproduce the entire Offering, and shall have either at the following locations in the following quantities : 1 ) Office of the City Clerk - 1 copy; 2 ) Public library - 1 copy each; 3 ) Office of the City Attorney - 1 copy; 4 ) Local office of Grantee - 1 copy; 5 ) Office of any School District in City - 1 copy. D. In the event of conflicts or discrepancies between any part of the Offering and the provisions of this Franchise or between any part of the summary made by Grantee and the Offering, those provisions which pro- vide the greatest benefit to City, in the opinion of City, shall prevail . E. Grantee shall have continuing responsibility for this Franchise. Grantee is a wholly owned part- nership entity of two parent corporations . Accordingly, performance of this Franchise shall be sOcured by -111- guarantees of the parent corporations in form and substance acceptable to City, which shall be delivered at time of, and as part of, acceptance of this Franchise. F. With its acceptance, Grantee also shall deliver to City an opinion from its legal counsel , acceptable to City, stating that this Franchise has been duly accepted by Grantee, that the guarantees have been duly executed and delivered, that this Franchise and the guarantees are enforceable against Grantee and the guarantors in accordance with their respective terms, and which opinion shall otherwise be in form and substance acceptable to City. G. With its acceptance, Grantee also shall deliver to City true and correct copies of documents creating Grantee and evidencing the power and authority referred to in the opinion of Grantee' s counsel, cer- tified as of a then current date by public office holders to the extent possible and otherwise by an officer of Grantee. H. Each exhibit is a part of this Franchise and each is specifically incorporated herein by reference. The exhibits are as follows : I . Upon acceptance by Grantee, all fees and charges for acceptance of this Franchise 'and all costs -112- and expenses incurred by City shall be paid in full . City shall provide to Grantee an itemized statement of its expenses . Any costs not identified by City before date of acceptance shall he paid promptly to City when an itemization of such costs and expenses is provided to Grantee. J. Acceptance shall be construed to be an accep- tance of and consent to all the terms, conditions and limitations contained in the ordinance granting the Franchise as well as the provisions of the Code of Ordinances of the City of Shakopee . Uurthermore such acceptance shall, for all purposes contained in said Franchising Ordinance, be considered an agreement between the City and the Grantee and, in the event of the legal inability of the City to exercise franchising or regu- latory authority, this document shall survive and be considered a contract between the parties and be enforce- able according to its terms. Passed and adopted by the City Council of the City of Shakopee, Minnesota, in Session held this day of 19 ATTEST: By By City Clerk Mayor of the City of Shakopee -113- OFFICIAL TITLE AND SUMMARY ORDINANCE NO. 100 FOURTH SERIES I. TITLE AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE CITY CODE BY ADDING THERETO CHAPTER 15 ENTITLED "CABLE COMMUNICATIONS FRANCHISE ORDINANCE" THEREBY GRANTING A FRANCHISE TO ZYLSTRA- UNITED CABLE TELEVISION COMPANY, TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF SHAKOPEE: SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. II. SUMMARY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS That the following summary shall clearly inform the public of the intent and effect of the ordinance and shall be published in the official newspaper of the city. In order to bring about the development of a cable television system that will contribute to the communication needs and desires of the citizens of Shakopee, the city council created the Shakopee Ad Hoc Cable Communications Committee, which conducted studies that contributed to the preparation and adoption of the franchise ordinance. The cable company is required to reimburse city for costs incurred in awarding a franchise. Before a cable company was selected, the company's technical ability, financial condition and legal qualifications were considered in a full public hearing affording reasonable notice and a reasonable opportunity to be heard. The cable system selected as a result of the selection process has the following characteristics is described as follows: Fifteen year non-exclusive cable franchise provides two networks Subscriber Network 58 channel capacity 53 initially activated 47 initially program 4 reverse channels capable of two-way services and future data services. Institutional Network to schools, libraries, churches, social centers, and other public buildings capable of interconnecting with subscriber network capable of handling 35 downstream and 24 upstream channels simultaneously. Service to any requesting subscriber in the cable service area within 90 days of the request. Periodic performance tests and system maintenance tests will be conducted to ensure that all performance standards are being met and all FCC and state cable board requirements are being met. $98,555 has been budgeted for a fully-equipped access studio that will be available for use by cable subscribers on a first-come first-serve basis. Three tiers of service will be available: the Universal Tier, Tier I, and Tier II. The following channels and programs will be provided on the Universal Tier: Cable Channel Designated Programming/Services 2 KTCA - Channel 2 - PBS - St. Paul 3 Community Television Channel (Public Access) /Community Bulletin Board 4 WCCO - Channel 4 - CBS - Minneapolis 5 KSTP - Channel 5 - ABC - St. Paul 6 Regional Interconnection/ Regional Bulletin Board/Job Shop 7 Leased Access 8 KTCI - Channel 17 - PBS - St. Paul 9 KMSP - Channel 9 - IND - Minneapolis 10 Educational Access Channel/School Bulletin Board 11 WTCN - Channel 11 - NBC - Minneapolis 12 Government Access Channel/ Municipal Bulletin Board (Designated Emergency Channel) 13 Color Weather Radar Tier I will include all of the channels and programs provided on the Universal Tier, plus the following channels and programs: Cable Channel Designated Programming/Services 14 FAA Restricted Frequency 15 Home Box Office (Premium) 16 Cinemax (Premium) 18 Reserved for PBS Cable+ (Premium) 23 AP NewsCable/AP Minnesota Newswire 24 C-SPAN 25 USA Network/Calliope 26 Appalachian Community Service Network/American 27 The Health Channel+ 28 Modern Satellite Network/Daytime+ -2- 29 WGN - Chicago 30 Music Television 31 CBS Cable 32 WOR - New York 33 Dow Jones Cable News 34 Christian Broadcasting Network 35 The Interfaith Channel/Religious Access 36 The Nashville Network+ 37 Cable News Network 2+ 38 The Weather Channel+ 39 Cinemerica+ 40 Home Theatre Network (Premium) 41 Reserved for future programming 42 Reserved for future programming 43 Pay-Per-View: Sports and Entertainment Specials (an optional service for Tier I subscribers) Tier II will include all of the channels and programs provided on the Universal Tier and Tier I, plus the following: Cable Channel Designated Programming/Services 17 The Movie Channel (Premium) 19 Bravo (Premium) 20 Showtime (Premium) 21 The Entertainment Channel (Premium) 22 Home Theatre Network+ (Premium) 44 Entertainment and Sports Programming Network 45 Cable News Network 46 FAA Restricted Frequency 47 WTBS - Atlanta 48 Nickelodeon/ARTS 49 Satellite Programming Network 50 The Shoppers' Channel+ 51 UTV+ 52 Reuters News-View 53 Reserved for future programming 54 Reserved for future expansion 55 Reserved for future expansion 56 Reserved for future expansion 57 Reserved for future expansion 58 Reserved for future expansion 59 Reserved for future expansion + Subject to service availability -3- Grantee with approval by Grantor shall have the right to revise the channel allocations to accomodate new programming services, or in the event of additional FAA frequency restrictions. City authorities shall be advised of any planned revisions. Initial rates and charges will be as follows: PROGRAMS AND SERVICE INSTALLATION MONTHLY Home Theater Network $10.00 $4.95 Home Box Office $10.00 $8.95 Showtime $10.00 $8.95 Cinemax $10.00 $8.95 The Movie Channel $10.00 $8.95 The Entertainment Channel $10.00 $8.95 Bravo $10.00 $8.95 Home Theater Network-Plus $10.00 $9.95 Public Subscriber Network $10.00 $5.95 Pay Per View — undetermined varies per event Parental lock-out devices will be provided by Grantee free of charge. Studio and Equipment Usage Rates 1. Non-commercial users non-cable productions: Studio $50/hour Editing $25/hour Cable productions: Studio No Charge Editing No Charge 2. Commerical users non-cable productions: Studio $125/hour Editing $ 45/hour Cable productions: Studio $50/hour Editing $20/hour Institutional Network Rates 1. Non-Commerical Users: No Charge for video, audio, and data uses, Standard installation for No Charge. -4- Non-Standard installation charges based on the cable company's actual cost. Data and audio terminal interface equipment provided and installed without charge. 2. Commercial Users: Uniform installation, service and equipment rates will be negotiated for the institutional network. Outlets provided at the company's actual cost. Data, audio, and visual terminal and interface equipment leased at a rate to recover depreciation and installed at cost. 3. Government Buildings A basic Tier I service and a converter will be provided to each upon request by city at no charge. Advertising Rates No charge for Public Service Announcements. 1. National Rate Card: Per thousand homes* 52 spots (60 seconds)/year: $10.00 104 spots (60 seconds)/year: $ 9.00 156 spots (60 seconds)/year: $ 8.50 2. Local Rate Card: Per thousand homes* 52 spots (60 seconds)/year: $ 9.00 104 spots (60 seconds)/year: $ 8.00 156 spots (60 seconds)/year: $ 7.00 Program and Service shares (e.g., ESPN) based on rating points computed from latest Arbitron or commissioned survey of cable homes. Fixed position spots are 15 percent extra per contract. Leased Channel Rates 1. Leased Video and Audio Rates Commercial users:* -5- 1 hour, single time use $100.00 1 hour, minimum 25 times $ 75.00 1 hour, 52 times $ 50.00 1-3 hours, single time use $ 75.00/hour 1-3 hours, more than one time $ 50.00/hour More than 3 hours/day $ 35.00/hour Dedicated annual use $5,000 to $10,000/year** Non-Commercial users: Rate is 50 percent of that for commercial users. 2. Leased FM Audio Rates FM audio will be leased for $25.00 per hour. SCA frequency use for leased FM: $100/week. *If use of channel is for revenue generation purposes Grantee shall negotiate additional profit sharing agreements. **Annual leased channel rate may be subsequently adjusted + - 20 percent based on day parts used, number of hours contracted, and advertising revenues generated. Home Security System Rates Installation Monthly Panic button (with cable only) Free $ 1.95 Basic security to include: Two smoke detectors, two magnetic door switches, panic button, control panel with battery standby, Tocom IIIC Without basic cable service: $495.00 $ 9.95 With basic cable service: $450.00 $ 9.95 Full security to include: All basic service components and options: interior traps window and door switches, siren, panic buttons, etc. Without basic cable service: Depends on $19.95 size and configuration With basic cable service: Depends on $19.95 size and configuration -6- A non-profit community access corporation may be formed to manage the use of public access and other community channels of the system. To defray the costs of system regulation, in consideration of permission to use the public ways, and to fund the community access corporation if one is formed, the cable company will pay a franchise fee of five percent of gross annual system revenues. The sum of $10,000 will be put on deposit by the cable company as security for faithful compliance with all requirements of the franchise ordinance. Additionally, the sum of $100,000 will be on deposit to ensure that construction is completed on schedule. The company will hold the city harmless for any damages or penalties resulting from the operation of the franchise, and will furnish insurance for both the company and city officials to provide comprehensive coverage in the event of damages resulting from system operation. The city has reserved the right to revoke the franchise in the event that the cable company substantially violates the terms of the ordinance. The city has also reserved the right to purchase the system in the event that the company decides to consider selling it. Regional interconnection will be encouraged when that becomes possible. The institutional network initially will be capable of interconnection with any cable system in the City of Chaska. Construction of the system will be completed within six months of the date of state cableboard confirmation. All public building and zoning codes will be strictly complied with. For the purposes of operating a cable system, the city has authorized Zylstra-United to make use of the public ways to install cable equipment. Zylstra-United will submit annual reports disclosing financial information, a copy of the company rules and a written report of the performance test. A toll-free telephone line will be available 24-hours a day, seven days a week to receive subscriber complaints and maintenance requests. Also an office will be maintained by the company and will be open during all regular business hours. A repair force of technicians will be available to respond to service requests within 24 hours of receipt of a request or complaint. Subscriber contracts will be for a period of up to twelve months, unless after twelve months the subscriber may terminate the contract at any time with no penalty. At the time the contract is entered into, each subscriber will be provided with instructions on filing complaints and making service requests. There will he no charge for disconnection of an installation or outlet. Rates and charges will remain constant for two years after construction is completed in the initial service area. After that time, rate changes will only be made with the review and approval of the city council. -7- To protect the privacy rights of individuals, the ordinance prohibits monitoring of cable transmissions or distribution of names and addresses of subscribers without subscriber permission. At the expiration of the term of the franchise, the city has reserved the right to elect to review or extend the franchise, invite additional franchise applications, terminate the franchise, or purchase'the system. The company may apply for renewal 12 to 18 months before the franchise expires. The Shakopee City Administrator will be responsible for administration of the franchise. Minor variations from strict compliance with the requirements of the ordinance will be reviewed pursuant to a variance procedure included in the ordinance. Variances will only be approved after review by the city administrator and with the approval of the city council III. NOTICE This title and summary have been published to clearly inform the public of the intent and effect of the City of Shakopee Cable Communications Ordinance. A copy of the ordinance in its entirety is available for inspection by any person during regular office hours at the office of the City Clerk and at the Shakopee Library. -8- C4-1y Cot. e H / ' MEMO TO: City Council and HRA Commissioners FROM: Jeanne Andre , HRA Executive Director RE : Commercial Rehabilitation Loan and Interest Reduction Programs DATE : September 3 , . 1982 Introduction: A Commercial Rehabilitation Loan Program was included in the financial plan for the Downtown Tax Increment Project No . 1 . An allocation of $50 ,000 for interest write-downs was provided, contingent on the City adopting criteria for such a program. Background : As envisioned, the program will be operated by the Housing and Redevelop- ment Authority (HRA) based on broad criteria adopted by the City Council . Ordinance No . 102 was drafted by O' Connor and Hannan to incorporate the statutory requirements for a rehabilitation loan program. This ordin- ance establishes the HRA as the responsible authority and empowers it to provide additional criteria and procedures for the administration of the program. The HRA can then fine tune the loan process and criteria over time without the adoption of an ordinance for each change . It is recommended that the City Council adopt the ordinance and recess for the HRA meeting in order that the HRA can adopt the specific criteria which it reviewed at its August 17 , 1982 meeting. These criteria and procedures were also reviewed by three local financial institutions who suggested minor revisions and the Downtown Committee which approved the materials as presented. The Downtown Committee is considering recommed- ing architectural review of each building improvement proposed for interest write-downs , and a comprehensive list of downtown buildings or blocks considered more suitable for demolition than rehabilitation (which would not be provided interest write-downs under the criteria) . The Committee is not ready to make its formal recommendation on these issues at this time , and has not proposed where the architectural review would fall in the procedures . The formal changes recommended by the HRA and financial institutions have been incorporated into the revised documents and are listed below for review by the Council and HRA. Changes to Loan Procedure : 1 ) Page 2 , Step 4.B. - Applicant ' s submission of financial statements will be included in Step 4.B. rather than Step S .A. as previously indicated. Changes to Description and Guidelines : 1 ) Page 1 , A - An introductory statement explaining why the program has been adopted is now included. City Council & HRA Commissioners Page -2- 2 ) Page 2 , C .4. - The amount of the interest write-down has been established as variable up to 4%, with no interest write-down to an amount of less than 10%. The write- down will be discontinued if the loan goes into default . 3 ) Page 4, D. 3 .-D. 5 . - It is clarified that the maximum loan amount , loan ratio and loan term as listed are set by statute and each lender will individually establish reasonable limits warranted for each loan. 4) Page 4, D.4. - A loan minimum of $25 ,000 has been set , taking into account what is reasonable given certain fixed costs of granting the loan. 5 ) Page 4, D. 7 .a. - Labor costs can be included if the applicant is a construction contractor. 6 ) Page 5 , D. 10 . - A statement has been included in the description stating that the City assumes no liability for the loan. (O' Connor and Hannan has recommended that this language also be included in loan documents prepared by the lending institutions . ) Once the Ordinance and criteria are adopted, the program will be immediately implemented. According to initial estimates by O'Connor and Hannan (assuming the maximum four percent write-down for each loan) the City will be able to write-down up to $120,000 in loans in 1982, and around $200,000 in 1983-84. Funds for further loans could become avail- able if the existing tax increment district captures a larger increment than originally estimated or if new districts are created. In previous computer runs undertaken to establish the district , no increment from Beren' s building was included in the financing plan due to the short time frame . (The increment went into the reserves to pay off the bonds more quickly . ) A new computer run is now underway to determine how much additional money for rehab loans might be available from this increment . Four potential applicants have already been identified - the Moonen building, Berens , Wampachs and the Pelham Hotel . These four will be directly informed when the criteria are adopted and other downtown businessmen will be indirectly informed through a newspaper story. It is anticipated that applicants will be served on a first-come-first- serve basis . Once current funds are gone , applicants will need to go forward without write-downs or wait until further funds become available. John Anderson has expressed an interest in serving those businesses in the current tax increment district first if there are not enough funds to initially serve all applicants , and expects those buildings in the district to be ready to proceed most quickly. Requested Action: City Council: Adopt Ordinance No . 102 , An Ordinance of the City of Shakopee , Minnesota , Amending Shakopee City Code Chapter 2 entitled "Administration and General Government" by Adding Thereto Section 2 . 71 Establishing and Providing for the Administration of a Commercial Build- City Council & HRA Commissioners Page -3- ing Rehabilitation Loan Program to Rehabilitate and Preserve Small and Medium Sized Commercial Buildings in the City of Shakopee Pursuant to the. Laws of Minnesota 1982 , Chapter 590 and Adopting by Reference Shakopee City Code Chapter 1 and Section 2 . 99 . HRA: Adopt Resolution n-9 , A Resolution Determining to Operate a Commercial Building Rehabilitation Loan Program and an Interest Reduction Program in Downtown Shakopee . JA: cu • ORDINANCE NO. 102 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 2 entitled "Administration and General Government"by Adding Thereto Section 2. 71 Establishing and Providing for the Administration of a Commercial Building Rehabilitation Loan Program to Rehabilitate and Preserve Small and Medium Sized Commercial Buildings in the City of Shakopee Pursuant to the Laws of Minnesota 1982, Chapter 590 and Adopting by Reference Shakopee City Code Chapter 1 and Section 2.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Authority. Pursuant to Laws, 1982, Chapter 590 , Sections 1-4 , the City of Shakopee has been authorized to establish a commercial building loan program to rehabili- tate and preserve small and medium sized commercial build- ings located within its boundaries, and to provide for the administration thereof by the Housing and Redevelopment Authority in and for the City of Shakopee. Pursuant to Laws of Minnesota, 1982, Chapter 590 , Sections 5-10 , the Housing and Redevelopment Authority in and for the City of Shakopee has been authorized to develop and administer an interest reduction program to pay in periodic payments or in a lump sum payment any or all of the interest on loans made pursu- ant to Laws, 1982, Chapter 590, Sections 1-4 for the reha- bilitation or preservation of small and medium sized commer- cial buildings. Section 2. Findings. The City Council of the City of Shakopee finds that many commercial buildings in the City are physically deteriorating, underused, economically inef- ficient or functionally obsolete, and in need of rehabilita- tion to meet applicable building coder; that the e is a need for a ccmprc`, nsive prograrl for the reha.:ii . qui, ou of such buildings to prevent economic and physical blight and dete- rioration, to increase the municipal tax base, and to assist in the implementation of the comprehensive plan for the City of Shakopee; that some owners of small and medium sized commercial buildings are unable to uf{o. d Leh bilitdtion loans on terms available in the private mortgage market or to obtain rehabilitation loans on any terms because the private mortgage market is severely restricted; and that the health, safety and general welfare and the preservation of the qualify of life of the residents of the City of Shakopee are dependent on the preservation and rehabilitation of • small and medium sized commercial buildings in the City of Shakopee. Section 3. Housing and Redevelopment Authority To Act On Behalf of City. The City Council of the City of Shakopee hereby authorizes the Housing and Redevelopment Authority in and for the City of Shakopee to exercise any and all of the powers conferred on the City by Laws 1982, Chapter 590, Sections 1-4 to operate and administer a municipal commer- cial rehabilitation loan program within the City of Shakopee. Section 4. Administration. The Housing and Redevelop- ment Authority in and for the City of Shakopee is hereby granted the power and authority to adopt from time to time - 2 - various program regulations and guidelines for the commer- ,__ _L Luilding rehabilitation loan program authorized' by this ordinance, which regulations shall include a definition of "small and medium sized commercial buildings" , loan eligi- bilily and loan priority criteria, loan amount limitations and any other provisions and regulations which may from time 'L0 Lime be necessary or desireable. Section 5. Commercial Building Rehabilitation Loan Program: There is hereby pursuant to Laws 1982 , Chapter 590 , as amended, established and provided a program for the mak- ing of loans for the rehabilitation and preservation of small and medium sized commercial buildings located within the City of Shakopee, which program shall be administered by the Housing and Redevelopment Authority in and for the City of Shakopee in accordance with the following regulations, conditions and provisions, and such other regulations and guidelines as shall be formulated and adopted by the Housing and Redevelopment Authority in and for the City of Shakopee: a. Loans may be provided and made for the rehabilitation and preservation of small and medium sized commercial buildings, and all such loans shall be secured either by mortgages on the prop- erty with respect to which the loans are made or by other security acceptable to the City Council of the City- of Shakopee. Except as hereinafter pro- vided, such loans may be made on such terms and - 3 - conditions as may be authorized pursuant to the regulation: and guidelines which shall be _.�?optcd by the Housing and Redevelopment Authority . b. Loans made under the program shall be eligible for interest rate reduction payments by the Housing and Redevelopment Authority, a: autho- rized by Laws l9Z2, Chapter 590, Sections 5-10, in the amounts, and upon the terms and conditions as may be authorized by the program regulations and guidelines which shall be formulated and adopted by the Housing and Redevelopment Authority. c. In approving applications for loans pur- slant to this Ordinance and the program, at least the following factors and conditions shall be con- sidered: 1. The availability and affordability of private mortgage credit; 2. The availability and affordability of other governmental programs; 3. Whether the building is required, pursuant to any court order , statute or ordin- ance, to be repaired, improved or rehabil- itated; and 4. Whether the proposed improvements will. result in conformance with building and zoning codes and improvement of the aesthetic quality of existing commercial areas. - 4 - Section 6 . Limits* inn ^:r,e Joan program shall be operated within the fellong 1. Only buiiings loc:.tcc.: within the City of Shakopee Downtown Develop;r._nt District shall be eligible for loans under the procram. 2 . The terms and conditions of all loans made under the program shall be fixed so that the sum of all repayments of principal and interest on them, not then delinquent, and all fees and charges collected, together with other sums to be con- tributed by the City, shall, over the duration of the program, be estimated to be equal to or greater than the sum of all estimated costs of the program, as determined by the program administrator and approved by the City Council of the City of Shakopee, including administrative costs, mortgage foreclosure costs, and principal and interest pay- ments on bonds issued to finance the program to the extent not paid from bond proceeds; 3. No loan shall be made for a period exceeding 20 years; 4. No loan shall exceed 80 percent of the estimated market value of the property to be rehabilitated upon com- pletion of the rehabilitation, less the principal balance of any prior mortgage existing on the property ,at the time the loan is made; - 5 - 5. No loan shall be made in excess- of $200,OOO. for the rehabilitation of any particular small or medium sized commercial building; and 6. No grants bf any money shall be allowed or made as a part of the loan program authorized by this Ordinance. Section 7. Summary Approved. The Council hereby determines that the text of the summary of this Ordinance marked Official Summary or Ordinance No. and a copy of which is- attached hereto, clearly informs the public of the intent and effect of the Ordinance. The Council further determines that the publication of the title in such summary will clearly inform the public of the intent and effect of the Ordinance. Section 8. Posting and Filing. The City Clerk shall see that a copy of this Ordinance is filed in our office and in the public library, which the Council hereby designates as a location at which a copy is available for inspect- ion by any person during the regular office hours. Section 9. Publication. The Clerk shall publish the title of this Ordinance and the official Summary in the official newspaper which is notice that a printed copy of this Ordinance is. available for inspection by any person during regular office hours at the office of the City- Clerk and the City library. Section 10. Penalty. Chapter 1 and Section 2,99 are hereby adopted by reference as fully as if set out in detail herein. Section 1i. Elective Date '['his Ordinance takes effect upon its passage and publication of its title and the official summary. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of _ , 19'82. ATTEST; Mayor of the City of Shakopee City Clerk Prepared approved as to form this 1st day of September, 1982. Julius A. Coller, II, City Attorney ORDINANCE NO. 102 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code, Chapter 2 entitled "Administration and General Government" by Adding Thereto Section 2.71 Establishing and Providing for the Administration of a Commercial Building Rehabilitation Loan Program 'to Rehabilitate and Preserve Small and Medium Sized Commercial Buildings in the City of Shakopee Pursuant to the Laws of Minnesota 1982, Chapter 590 and Adopting by Reference Shakopee City Code, Chapter 1 and Section 2.99. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: The following is the official summary of Ordinance NO. , Fourth Series, approved by the City Council of the City of Shakopee, on the day of , 1982. SUMMARY The City Council of the City of Shakopee finds that many commercial buildings are physically deteriorating, underused, inefficient or obsolete and in need of rehabilitation and that some of the building owners are unableunder the present economic conditions to finance such undertaking which is vital to the public health, safety and general welfare of the citizens. To assist in such rehabil- itation the City Council of Shakopee pursuant to Laws of 1982, Chapter 590, Sections 1 -10 authorized the Housing and Redevelopment Authority of Shakopee to net in behalf of the City and empowered it to adopt various programs and guide lines and administer the programs in accordance with the following provisions and guide lines. a. Loans may be provided and made for the rehabilitation of small and medium sized commercial buildings secured by mortgages on the property or by other security acceptable to the City Council. Such loans maybe made on such terms and conditions as are authorized pursuant to the regulations and guidelines to be adopted by the Housing and Redevelopment Authority. b. Loans made under this program shall be eligible for interest rate reduction payments by the Housing and Redevelopment Authority, as authorized by the Laws of 1982, Chapter 590, Sections 5-10. c. In approving applications for loans pursuant to this Ordinance and the program, at least the following factors and conditions shall be considered. 1. The availability and affordability of private mortgage credit. 2. The availability and affordability of other governmental programs. • -Y+ u .n. ..... 3. Whether the building is required, pursuant to any court order, statute or ordinance, to be repaired, improved or rehabilitated. 4. Whether the proposed improvements will result in conformance with the building and zoning codes and improvement of the aesthetic quality of existing commercial areas. d. Limitations 1. Only buildings located within the City of Shakopee Downtown Development District shall be eligible. 2. The terms and conditions of all loans shall be fixed so that the sum of all repayments of principal and interest on them, not then delinquent, all fees and charges collected, together with other sums to be contributed by the City shall over the duration of the program, be estimated to be equal to or greater than the sum of all estimated costs of the program as determined by the program administrator and approved by the City Council, including administrative costs, mortgage foreclosure costs- and principal and interest payments on the bonds issued to finance the program to the extent not paid from the bond proceeds. 3, No loan shall be made for a period exceeding 20 years. 4. No loan shall exceed 80 percent of the estimated market value less the principal balance of any prior mortgage existing. 5. No loan shall be made in excess of $200,000 for the rehabilitation of any particular small or medium sized commercial building. 6. No grants of any money shall be allowed or made as a part of the loan program authorized by this Ordinance. The above summarized ordinance was adopted by the Shakopee City Council on the. day of 1982, and the foregoing Summary was approved on said date by a 4/5ths vote of the Council as per required. Mayor of the City of Shakopee ATTEST; City Clerk This Summary was prepared and approved as to form on thisday of , 1982. Julius A. Coller, II, City Attorney 4 RESOLUTION NO. 82-9 A RESOLUTION DETERMINING TO OPERATE A COMMERCIAL BUILDING REHABILITATION LOAN PROGRAM AND AN INTEREST REDUCTION PROGRAM IN DOWNTOWN SHAKOPEE Whereas , the City of Shakopee has adopted Ordinance No. 102, establishing a Commercial Building Rehabilitation Loan Program pur- suant to Minnesota Laws 1982 , Chapter 590, Sections 1-4; and Whereas , the City of Shakopee designated the Housing and Re- development Authority in and for the City of Shakopee to operate and administer this program on behalf of the City ; and Whereas , pursuant to Laws of Minnesota, 1982, Chapter 590, Sections 5-10 , the Housing and Redevelopment Authority can develop and administer an Interest Reduction Program to pay any or all inter- est on loans made pursuant to Laws , 1982 , Chapter 590, Sections 1-4; and Whereas , funds have been allocated in the Tax Increment Financing Plan for Downtown Tax Increment Financing District No. lA for a Commercial Rehabilitation Loan Program; and Whereas , the Authority judges the Loan and Interest Reduction Programs to be in the interest of the City to aid in the improvement and economic revitalization of its downtown business district ; Now therefore , be it resolved that the Housing and Redevelopment Authority in and for the City of Shakopee : 1 . Hereby establishes that it will operate a Commercial Rehabilitation Loan Program and an Interest Rate Reduction Program; and 2 . Hereby adopts in its entirety the "City of Shakopee Commercial Rehabilitation Loan Procedures" (Second Draft A - September 1 , 1982 ) , and the "Program Description and Guidelines for City of Shakopee Commercial Rehabilitation Loan Interest Rate Reduc- tion Program" (Third Draft C - September 2 , 1982 ) , as attached hereto and made a part hereof ; and 3 . Hereby initiates these Programs and announces the availability of these programs to downtown business- men. Adopted in Special Session of the Housing and Redevelopment. Authority in and for the City of Shakopee held this day of , 1982 . Chairman ATTEST: Executive Director Approved as to form this day of ,1982 City Attorney City of Shakopee/Procecure for Rehabilitation Loans SECOND DRAFT A-O' CONNOR & IiRNNAN Si'ptes;iber 1 , l°82 _ CITY OF SHAKOPEE COMMERCIAL REHABILITATION LOAN PROCEDURES STEP ONE Potential loan applicant contacts City. Applicant is directed to contact: Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota Attn: Jeanne Andre City Hall 129 East First Avenue Shakopee , Minnesota 55379 The HRA should forward a copy of the Program Guidelines to the potential applicant, together with a list of participa- ting lenders ( "Lenders") and the appropriate contact persons at each Lender . Lenders shall have primary responsibility for the processing of applications for loans under the Pro- gram. STEP TWO The potential Applicant contacts a Lender. At the in- itial meeting with the Applicant, the Lender should take the following actions: A. Have the applicant complete a Loan Application for the Program. B. Review the Program restrictions with the Applicant to determine eligibility of the building and the proposed improvements under the Program. C. Determine if Applicant can provide a mortgage on the property to be rehabilitated to secure the loan. All mortgages must be executed by the fee owner of the prop- erty. If the Applicant is not the fee owner , written agree- ment of the fee owner to execute the mortgage should be obtained prior to any other action on the loan application. D. Review estimated costs Applicant will incur to obtain the loan: Bond Counsel Fee (O'Connor & Hannan) City of Shakopee Administrative Fee Lender ' s Loan Fee Title Insurance Cost (Morgag`_e ' Recording Fees (Mortgage , Bond Documents) Charge for Lender ' s Credit Report Appraisal Fees These costs will be eligible for inclusion in the loan. E. Advise Applicant that if the Housing and Redevelop- ment Authority (HRA) should give preliminary approval to the Loan Application, an inspection by the City and/or" the Lender , a City Code Compliance Report, and an M.A. I . ap- praisal will be necessary. STEP THREE If, after completion of Step 1, the Applicant desires to proceed with the Loan Application, the Lender should take the following additional steps: A. Have the Applicant complete the Lender ' s loan application. B. Have the Applicant prepare a detailed list of pro- posed improvements and estimated costs for each; plans should also be provided if they have been drawn. C. Applicant' s Loan Application, together with the list of improvements and estimated costs, and plans, if any, should be forwarded to the HRA for approval, Attention: Jeanne Andre. D. Caution applicant not to begin construction of the proposed improvements prior to final approval of the loan by the HRA. Improvements commenced prior to final loan ap- proval by the HRA shall not be eligible to be financed with loan proceeds. . STEP FOUR A. The HRA reviews the Loan Application and supporting documents and gives its preliminary approval to the loan. B. The Applicant prepares and submits personal and business financial statements to the Lender , and approves Lender ' s submission of these statements to the City. C. The Lender performs a credit report on the Appli- cant and gives its preliminary approval to the loan. - 2 STEP FIVE A. The Lender instructs the Applicant to obtain : ! i) an M.A. I . appraisal of the property to he rehabilitated ; ( ii) an inspection and City Code Compliance Report from the City; and (iii) firm bids on all improvements to be financed from the loan. ' B. The Lender gives its final approval to the loan. C. The Lender forwards the appraisal, the Code Compli- ance Report, the firm bids, the financial statements, and notification of its final approval to the BRA, Attention: Jeanne Andre. D. The HRA gives its final approval to the loan. If the loan is to be financed through the issuance of an indus- trial development bond (IDB) or tax exempt mortgage, final approval should not be given until the issuing authority (either the HRA or the City) has approved a resolution giving preliminary approval to the issuance of the IDB or tax-exempt mortgage. STEP SIX A. Lender notifies Applicant that rehabilitation work may now begin. B. Lender obtains abstract to property from Applicant and applies for title insurance binder . C. If the loan is to be financed by the issuance of an IDB 9r tax-exempt mortgage, the HRA notifies bond counsel, O'Connor & Hannan, 3800 IDS Tower , 80 South Eighth Street, Minneapolis, Minnesota, 55402, Attn: Arlin Waelti , to initi- ate preparation of the necessary bond documents, and places bond counsel in contact with the relevant employees of Lender and with Applicant or Applicant' s counsel. STEP SEVEN A. Lender , Applicant, and Bond Counsel determine closing date. B. All bond documents are circulated by bond counsel for approval and execution by the parties. C. After closing date is set, mortgage is filed prior to closing. •A certificate of filing of the mortgage must be obtained for closing. - 3 - STEP EIGHT The Closing A. All bond counsel fees and the City' s administrative fee shall be payable at this time. B. Lender will receive assignment of the mortgage and the promissory note and assignment of the promissory note from the HRA or City, as applicable. C. City will appoint the Lender Trustee for the City for the benefit of any holder (s) of any industrial develop- ment bonds or tax exempt mortgage. D. Bank should obtain a certificate of hazard insur- ance from the Applicant. STEP NINE A. Net proceeds of the loan will be deposited in an escrow account at the Lender , with the Lender acting as Trustee. Lender will disburse from this account pursuant to a Loan Disbursement and Escrow Agreement executed by and between the Lender , the Applicant, and the HRA. B. Upon completion of improvements financed by the loan, Lender will forward sworn construction statement and lien waivers to title insurance company and obtain final title policy. C. Any funds remaining in the escrow account after completion of all improvements to be financed from the loan will 'be applied to the loan balance, first to interest and then to principal. - 4 - City of Shakopee/Comm. Rehab. Guidelines THIRD DRAFT-C-O'CONNOR & HANNAN September 2 , 1982 PROGRAM DESCRIPTION AND GUIDELINES FOR CITY OF SHAKOPEE COMMERCIAL REHABILITATION LOAN INTEREST RATE REDUCTION PROGRAM A. INTRODUCTION The City of Shakopee Commercial Rehabilitation Loan Interest Rate Reduction Program is a municipal program ad- ministered by the Housing and Redevelopment Authority in and for the City of Shakopee, designed to provide incentives for major rehabilitation of existing commercial space in down- town Shakopee. The Program operates by making available commercial loans to rehabilitate and preserve existing com- mercial buildings at an interest cost to borrowers signifi- cantly below that available through conventional fi- nancing. Loans under the Program will be made through par- ticipating local lending institutions. The City and the Housing and Redevelopment Authority will reduce the interest rate 'charged borrowers in two ways. First, the City will fund loans under the Program through issuance of tax exempt obligations of the City; the significantly lower interest rates borne by such tax exempt obligations are passed on to the borrower. Second, the Housing and Redevelopment Authority will provide a further interest rate reduction below the tax exempt rate by paying directly to the lending institution a portion of the interest expense on the loan; the Housing and Redevelopment Authority will pay up to 4% of the fhterest rate on the loan, provided, however , that in no event will the Authority reduce the effective interest rate charged to the borrower below the rate of 10%. Eligibility for loans under the program shall be determined by the Hous- ing and Redevelopment Authority pursuant to the following guidelines and restrictions. However , the credit worthiness of individual participants in the Program shall be subject to the approval of the participating lending institutions. B. ELIGIBLE PARTICIPANTS 1. Any individual , partnership, corporation or other business entity shall be eligible to make application for loans under the Program. The applicant need not be the owner' of the premises to be rehabilitated; provided, how- ever , that the owner of the building shall be required to approve the loan and the rehabilitation work, and to execute any mortgage on the building relating thereto. C. ELIGIBLE PROJECTS 1 . Loans will be awarded under the Program for the rehabilitation of small and medium-sized commercial build- ings. A commercial building shall be any building the pri- mary ground floor function of which is a retail, service, or office use. 2. Buildings qualifying as small or medium-sized com- mercial buildings eligible for loans under the Program shall have a total floor area not exceeding 20 ,000 square feet. 3 . To be eligible, the building to be rehabilitated: a. Must be located within the City of Shakopee Downtown Development District; b. Must be in conformance with the City' s zoning code; c. Must comply, after rehabilitation, with the City' s Comprehensive Plan and with any approved development plan for the Downtown Development District; • d. Must not have been identified for public acquisition; e. Must be insured for its full replacement value. 4. All loans under the Program will be eligible for an inter'st rate reduction below prevailing market interest rates for tax-exempt obligations. Eligible loans shall receive an additional interest rate reduction of four per- cent (4%) below prevailing market rates for tax exempt obli- gations, provided, however , that no loan under the Program shall be eligible for or shall receive any reduction in the interest rate on such loan below ten percent (10%) . There- fore, the interest rate on any loan under the Program shall be the greater of : (i) the market rate for such loan, as determined by the lender , less four percent (4%) ; or (ii) ten percent (10%) . Loans under the Program shall remain eligible for interest rate reduction payments only so long as the borrower shall not be in default under the terms of the loan, and upon any default by the borrower , the borrower shall become solely and exclusively responsible for all interest then unpaid or afterwards accruing on such loan at the full interest rate upon such loan. - 2 5 . Improvements and expenditures financed under the Program shall be limited as follows : a . Rehabilitation loans shall not include expenditures for the acquisition, instal- lation or repair of furnishings, person- alty, or trade fixtures. b. In the case of mixed-use structures, eligible improvements shall include only those relating to the commercial portion of the building , the commercial operation of the building, or mechanical or struc- tural repairs relating to the building as a whole (including repairs to the build- ing ' s facade, roof , plumbing , electrical systems, structural elements, heating and cooling systems, fire safety systems and insulation) . All work done must meet City Code. c. Rehabilitation loans shall be used for the rehabilitation of existing buildings, and shall not be used for the construc- • tion of new facilities. However , con- struction of reasonable additions to existing buildings which, together with other rehabilitation improvements, will enhance commercial use of the building shall constitute qualifying rehabilita- tion expenses. d. Refinancing of existing debt shall not be allowed under the Program. e. If the rehabilitation work is to be per- formed by the owner , the applicant, or the owner ' s or applicant' s employees, expenditures for labor costs shall be eligible only if the main occupation of the owner or applicant (as the case may be) is construction or renovation. D. LOAN REQUIREMENTS AND RESTRICTIONS 1. Applicants must have the financial means to repay the loan, as determined by the lending institution. 2. The applicant shall provide a mortgage on the building as security for the loan. - 3 - 3. 'i'hP maximum amount which any applicant shall be eligible toJ L-ocrow for the rehabilitation of any particular ::. ..1.1u7;,-sized building shall be the lesser of : ( i ) 2u') , ; L;O ; or (ii ) 80 percent of the estimated r;;arket value of the building after completion of , its rehabilita- tion,_ less the principal balance of any prior mortgage ex- isting on the building as of the time application for the loan - is made. These amounts are the statutory maximums allowable under the Program; the amount of individual loans made under the Program shall be subject to the approval of the lender based on economic and financial considerations. 4 . No loan shall be made under the Program for any amount less than $25 , 000. 5. The maximum term of any rehabilitation loan under the Program shall be 20 years. This is the maximum term allowable by statute; the actual term of any loan under the Program shall be subject to approval of the lender based on economic and financial considerations. 6 . The City shall charge an administrative fee in the amount of one-half of one percent (1/2%) of the principal amount of the loan, or $500 , whichever is lesser , with re- spect to each rehabilitation loan made pursuant to the Pro- gram. This fee shall be paid by each loan recipient to the City prior to or at the loan closing. 7. All costs, expenses, and fees associated with the Project shall be paid by the applicant. Such costs are eligible for inclusion in the loan, and include: a. Cost of materials and labor (provided that expenditures for labor performed by the owner or the applicant or the owner ' s or applicant' s employees shall be eligi- ble only if the major occupation of the owner or applicant, as the case may be, . is construction or renovation) . b. Architect' s fees. c. Attorney' s fees. d. Bank charges such as, but not limited to, the following: (i) appraisal fees; (ii) credit reports; (iii) inspections; (iv) abstracting and filing fees; (v) mortgage registration taxes; - 4 - (vi ) title insurance premiums; (vii ) service charges. e . r- :,it administrative fee. 8 . Rehabilitation loans shall not be approved unless the building is being brought into full compliance with the provisions of the City Code. The City and/or the Lender will 'perform a thorough inspection of the premises to be rehabilitated prior to the approval of any rehabilitation loan under the Program. 9 . After rehabilitation, and prior to retirement of the loan, the rehabilitation property must remain insured for its full replacement value. 10. The City and the Housing and Redevelopment Authority will undertake only to underwrite the interest expense on rehabilitation loans under the Program to the borrower , and not to guarantee repayment of the rehabilita- tion loans. Neither the City nor the Housing and Redevelop- ment Authority shall have any responsibility or liability whatsoever for repayment of any principal, premium, interest or fees relating to any loan under the Program upon or after default by any borrower ; upon and subsequent to default upon any loan made under the Program, satisfaction of the loan, including all unpaid interest thereon, shall be the sole responsibility of the borrower (s) . E. SELECTION GUIDELINES 1. In approving applications for rehabilitation loans under the Program, the City shall consider the following factors: (a) The availability and affordability of private mortgage credit; (b) The availability and affordability of other governmental programs; (c) Whether the building is required, pursu- ant to any court order , statute or ordin- ance, to be repaired, improved or reha- bilitated; and (d) Whether the proposed improvements will result in conformance with building and zoning codes and improvement of the aes- thetic quality of commercial areas. - 5 2 . The City shall give priority to the following ap- plications for rehabil LaLioii loLr.s : a. An appi icz.Lion to finance repairs or rehabilitation which are required pursu- ant to court order , statute or ordinance; b. An application by an applicant who has been unable to obtain financing through other means ; c. An application to finance the, rehabilita- tion of a building which is essential to maintaining the commercial nature of an area. • • - 6 - TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE Shakopee , Minnesota Special Session September 7 , 1982 Chairman Leroux presiding 1 . Roll call at 7 : 30 p.m. or thereafter. 2 . Accept Special Meeting call . 3 . Approval of Minutes of August 17 , 1982 . 4. Commercial Rehabilitation Loan and Interest Reduction Programs . a . Discussion b. Adopt Resolution 82-9 5 . Other business 6 . Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADJ .REG.SESSION SHAKOPEE , MINNESOTA AUGUST 17 , 1982 Chrm.Leroux called the meeting to order at 7 :04 P.M. with Comm. Vierling, Lebens, Wampach and Colligan present. Also present were Jeanne Andre, HRA Director; John K. Anderson, City Admr. Julius A. Coller, City Attorney; and Judith S. Cox, City Clerk. Colligan/Wampach moved to approve the minutes of August 3, 1982. Motion carried with Cncl .Lebens abstaining because she was absent from the meeting. The HRA Director explained that the final two units in Macey Second Add'n. should be ready for closing by the end of August. Vierling/Lebens moved to authorize appropriate HRA officials to make, execute and deliver a deed to Lot 3, Block 3, Macey 2nd Add'n. subject to inspection and approval by staff of improvements constructed therein, to Goodwin Builders, Inc . This action to be in accordance with contract for deed between Goodwin Builders, Inc. and the Shakopee Housing and Redevelopment Authority, for the purpose of conveying said property to authorized buyer identified by HRA. Ayes; Unanimous Noes; None Motion carried. Col ligan/Wampach moved to authorize appropriate HRA officials to make, execute and deliver a deed to Lot 4, Block 3, Macey 2nd Add'n. , subject to inspection and approval by staff of improvements constructed therein, to Goodwin Builders, Inc. This action to be in accordance with contract for deed between Goodwin Builders, Inc . and the Shakopee Housing and Redevelopment Authority, for the purpose of conveying said property to authorized buyer identified by HRA. Ayes; Unanimous Noes; None Motion carried. The HRA Director explained that the resolution now before the Authority is to adopt an amendment to the Elderly Highrise Redevelopment Project area to include Lots 8, 9 , and 10, Block 7 . She explained that this property would become part of the project area but not the district . The resolution forwards the amendment to the Planning Commission for review and to the City Council to conduct a public hearing. Colligan/Vierling offered Resolution No. 82-5 , A Resolution Determining To Undertake A Modified Redevelopment Project , and moved its adoption. Motion carried with Cncl .Lebens opposed. The HRA Director explained that the Council will be discussing and adopting Downtown Redevelopment Project Commercial Redevelopment Project Commercial Redevelopment Loan Procedures and Application Guidelines and because the HRA will be administering the program, she thought that the HRA members may wish to discuss the procedures and guidelines. She also mentioned that the procedures and guidelines have not yet been discussed with any lending institutions and that the Ad Hoc Downtown Committee will be meeting next week to discuss them. Discussion followed and staff was directed to research the concerns expressed by the commissioners: 1] under- write interest to a maximum of 4%, but the interest shall not be reduced to less than 10%, 2] language be included which explains that the City is merely underwriting the interest and at no time will they be involved in satisfying the loan should the mortgagee default, 3] language be included which provides that if the mortgagee defaults they will become responsible for all the interest on the loan and the City ' s underwriting shall terminate, HRA MINUTES OF AUGUST 17 , 1982 Page -2- 4] consider permitting the rehabilitation work performed by an applicant or his employees to be eligible labor expenditures included in the loan if the applicant is a contractor. The HRA Director explained that the Council will need to consider an ordinance adopting the redevelopment loan procedures and application guidelines which will be prepared by staff and will include recommendations from both the HRA and the Downtown Committee. Colligan/Lebens offered Resolution No. 82-6, Authorizing HRA Officials to Enter Into Promisory Note and Second Real Estate Mortgage for Payment of Lot Value Upon Resale by Homebuyer for Lot 3, Block 3, Macey Second Addition, and moved its adoption. Motion carried unanimously. Colligan/Vierling offered Resolution No. 82-7, Authorizing HRA Officials to Enter Into Promisory Note and Second Real Estate Mortgage for Payment of Lot Value Upon Resale by Homebuyer for Lot 4, Block 3, Macey Second Addition, and moved its adoption. Motion carried unanimously. Lebens/Wampach offered Resolution No. 82-8, Authorizing HRA Officials to Enter Into Promisory Note and Second Real Estate Mortgage for Payment of Lot Value Upon Resale by Homebuyer for Lot 5, Block 3, Macey Second Addition, and moved its adoption. Motion carried unanimously. Lebens/Vierling moved to adjourn at 7:34 P.M. Motion carried unanimously. Jeanne Andre H.R.A. Director Judith S. Cox Recording Secretary I/a) Budget Hearing On General Revenue Sharing The City of Shakopee will hold a public hearing at 8 :00 P.M. on September 7 , 1982 , in the Council Chambers of City Hall , 129 East First Avenue , Shakopee , Minnesota , for the purpose of hearing written and oral comment from the public concerning the proposed annual budget for fiscal year 1983 and the use of revenue sharing funds as contained in that proposed budget , summarized below. General Revenue sharing (GRS ) is a program of general fiscal sup- port from the federal government to state and local governments with only limited Federal requirements about how the money should be spent . Decisions on the use of these funds are made at the local level , by the government and people closest to local pro- blems . The revenue sharing regulations require a hearing on the proposed use of these funds in relation to the overall budget before the budget is adopted each year. All interested citizens , groups , senior citizens and organizations representing the interests of senior citizens are encouraged to attend and to submit comments . SUMMARY OF PROPOSED 198/ BUDGET City of Shakopee General Fund Revenues Source Amount Property taxes $ 807 ,420 Licenses & Permits 98 ,800 Intergovernmental 693 ,993 Service Charges/User Fees 390 ,900 Fines and Penalties 22 ,000 Federal Revenue Sharing 165 , 500 Other Revenue 284, 799 Total $2 ,463 ,412 Expenditures Activity GRS Funds Other Funds Total ( if any) General Government $ 8 , 300 $ 410,995 $ 419 ,295 Public Safety 54,000 753 ,910 807 ,910 Public Works 87 ,200 762 ,415 849 ,615 Recreation 16 ,000 237 ,965 253 ,965 Miscellaneous 132 ,627 132 ,627 Total $165 ,500 $2 ,297 ,912 $2 ,463 ,412 A copy of this information, the entire proposed budget and additional background materials are available for public inspection from 8 : 00 to 4 : 30 weekdays at Shakopee City Hall , 129 East First Avenue . Dated this 20th day of August , 1982 . John K. Anderson City Administrator City of Shakopee ilb MEMO TO: John K. Anderson, City Administrator FROM: Gregg M. Voxland, Finance Director RE: Parking Lot Assessments DATE: September 2 , 1982 Introduction The City Council levied assessments for parking lots in 1967 . Some of the assessments were supposedly deferred for 15 years which is January 1 , 1983 . It is time to decide how to handle the deferred assessments . Background See attachments : 1 . City Attorney letter dated August 16 , 1982 2 . Resolution No. 205 3 . Resolution No. 215 4. Resolution No. 222 The special assessments still deferred and outstanding as of September 2 , 1982 are : Lot Orig. Total Parcel Block Assessment 45% Interest ( 1 ) 45% + Int . 27-001-042-0 1 ,4 $ 452 .00 $ 203 .40 $ 124.07 $ 766 .41 27-00168-0 1 ,6 1 ,272 . 00 572 .40 349 . 16 921 . 56 27-001-069-0 2 ,6 1 , 568.00 705 . 60 430 .41 1 ,136 .01 27-001-134-0 1-3 ,21 1 ,272 .00 572 .40 349 . 16 921 . 56 27-001-141-0 7 ,21 1 ,999 .00 899. 55 548 . 73 1 ,448 . 28 27-001-142-0 8 ,21 1 ,499 .00 674. 55 411 .48 1 ,086 .03 27-001-157-0 10 ,22 1 ,092 .00 491 .40 299 . 75 791 . 15 27-001-238-0 1&2 ,30 2 , 157 .00 970. 65 592 . 10 1 , 562 . 75 27-001-239-0 2 ,30 455 .00 204. 75 124. 90 329 . 65 27-001-240-0 3 ,30 1 , 375.00 618 . 75 377 .44 996 . 19 27-001-249-0 7 , 30 1 ,397 .00 628 . 65 383 .48 1 ,012 . 13 27-001-251-0 9 ,31 1 ,092 .00 491 .40 299 . 75 791 . 15 27-001-252-0 10 ,31 1 ,162 .00 522 . 90 318. 97 841 . 87 27-001-259-0 10 , 32 829.00 373 .05 227 . 56 600. 61 $17 ,621 .00 $7 ,929 .45 $4 ,836 . 96 $12 , 766 .41 ( 1 ) Interest at 4% from September 26 , 1967 (Resolution No. 205 Adoption) to January 1 , 1983 not compounded and computed on the 45% base . ( [P x .45 ] x .04) x 15 . 25 = i Interest on the deferred assessments has not been placed on the tax rolls each year as referenced in Resolution No. 205 . The assess- ments are now due and payable January 1 , 1983 or on the 1983 tax statements . Parking Lot Assessments Page Two September 2 , 1982 Alternatives (as shown in City Attorney' s letter) 1 . Extend deferment on such conditions determined by Council . 2 . Begin collecting the assessments with taxes at a specified interest rate and over a specified length of time. 3 . Collect the assessment and interest in one shot with the 1983 taxes. Recommendation Staff recommends that Council make the reduced (45%) assessment plus accumulated interest be payable with the taxes over 10 years plus interest on the total at 8% from January 1 , 1983 . Note : Council may want to defer action on this until September 21 , 1982 and provide affected property owner notice of the situation and proposed action. Action Requested 1 . ( if desired) Move to direct staff to mail notices to affected property owners of the status of the deferred assessments and proposed action. 2 . Move to table this item until September 21 , 1982 . ( see No. 1 ) 3 . Move that the 1967 deferred special assessments for the 1967 Parking Lot Improvements plus interest as listed in the Finance Director' s memo dated September 2 , 1982 be certified to the County Auditor for collection with the taxes over ten years with interest at 8% commencing January 1 , 1983. Direct staff to prepare appropriate resolution. GMV/jms Jrn us A. COLLER, LI ATTORNEY AT LAW 211 %VEST 1'1Rwr AVICNUE S13AKOPICh:, MINNESOTA 55370 August 16, 1982 To: Judy Cox, City Clerk Shakopee City Hall Shakopee, Minnesota 55379 Dear Judy: You inquired sometime back how to proceed with the 1967 off street deferred ,-,Sassessments which are to become due and payable in January 1, 1983. The off street parking improvements .;hod a two fold purpose. One was to alleviate a congested parking in the central business district and the other was to clean up the area along the north half of Blocks 4 and 5. The Council was aware that the improvements would immediately benefit some of the area while other portions of the area would have only future —� benefits and also that business places would be in a better position to J pay for the assessments than residential areas. Accordingly, the assess- went area was divided into two districts. District A was to receive immediate benefits and the assessments were to be paid payable over a 15 L. year period beginning in 1969; District B included the areas of future benefit and those assessments were to become due and payable whenever the property described in Section B :is_. converted to commercial use,and if not, V7 previously converted before January 1, 1983, 43% of the amount of said assessment shall become due and payable on January 1, 1983. interest at / 4% on the basis of 45% setforth in Sub Section B was to be paid semi- U' 1 annually with other taxes levied during the moratorium period. Some of the assessments in District B have been paid and some have not. The question asked is how to proceed at this time with the deferred assessments because as a result of Resolution 205, Resolution 215 which provided for a reassess- ment of some of the property in District A and Resolution 222 reconfirming the reassessments the picture appears somewhat confusing. However, the original intention of the Council is stillintact in my view inspite of the apparent confusion. Resolution 205 was the enabling resolution and it is still in full force and effect as far as the assessments in District B are concerned. Resolution 215 and Resolution 222 repealed only the portions of 205 in conflict and that dealt with assessments in District A only. The assessments in District B were not changed. In view of the foregoing, the Council has the following options: Option 1: Extend the deferred payments granted byResolution 205 for District B on such conditions as the Council may determine. - 2 - August 16, 1982 To: Judy Cox Option 2: Determine aver what period of time the assessments deferred in District B of Resol_ution205 are to be paid and .ek what interest rate the deferred payment shall bear after January 1, 1983. Option 3: Proceed with collecting the amount of the assessments so deferred with the 1983 taxes plus the interest accumulated thereon. This option however I do not feel is viable and it is one th " would violence to the intention of the Council whenResolution 205 was a sed, namely, to relieve the residental property of a present payment. It should be remembered that Resolution 205 provided �Tistrict B assess- ments shall bear interest at 4% on the basis of 3% t b ub Section B and shall be payable semi-annually with other taxes levied on ,11 property. This orius e3� fid. I am advised interest should have been collected Burint rat p i that it was not so collected so that th tal unt of the interest that would be due on January 1, 1983, shou . .e adde o the deferred assessment. Since the hearing has already been he . on t ssessments, all that must be done if the Council adopts Option 2 or 'Nkg'NJo add the uncollected interest to the assessments due as of Januar 1, 1'8 and certify the total amount due to the County in line with Op one 3. ould Option 1 be adopted a new Resolution would have to b$ nacted se ing out the terms and conditions of the defetrment. ( 1 t Rpectfully submitted, ;/ JL ius A. Colier, II 1 City Attorney /- ,-)2\ JAC/nh • • , RESOLUTICI1J222 Resolution Closing Hearing on Propose; Special Assessments for the Acquisition, Con- struction and Improvement' of Off-Street Parkin; Facilities and Approving Assessment Roll thereon HEREAS, Pursuant to lawful notice given, the Common Council of the City of Shakopee met on the date previously set in said notice and adjourned said hearing from time to time until September 26, 1967, and at said hearings heard and passed upon all objections to the proposed assessments for the acquisition, construction and improvement of off-street parking facilities, and has amended such proposed assessment as it deemed just and equitable. NO'.;, THEREFORE, 'RE IT RESOL TED Li THE COI,LON COUi CIL Or' THE CITY OF SHAKOPEE 1. That the hearings on the proposed assessment for the acquisition, construction and improvement of off-street facilities be, and they hereby are, closed. 2. That such proposed assessments as amended by the Common Council as it deemed just and equitable,a copy of which is hereto attached and made a part hereof, is hereby accepted and shall, together with en 'ineering, le al, publication and collection costs, constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement to the extent and in the amount of the assessment levied against it together with the proportionate cost of engineering, legal, publication and collection costs. 3. That such assessment shall be payable in equal installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1969, and shall bear interest at the rate of five percent ( 5,!)) per annum from the date or the completion and acceptance of the work. To the first installment shall be added interest on the entire assessment from said date of completion and adoption until December 31, 1967. To each subsequent installment when due shall be added interest for one year on all unpaid installments. '-W. That it is hereby determined and declared that the benefited property described in Section 3 of the attached schedule is benefited to a lesser extent than the property described in Section A of said schedule and is assessed as shown in Section E of said schedule to be payable as immediately hereinafter provided, to-wit: A. The amount of said assessment shall be due and payable whenever said property described in said Section B of said schedule is converted to commercial use on a pro rata rated square-foot basis of commercial building and/or commercial use during the period .from the passage of this Resolution up to January 1, 1983 or B. If not previously converted as provided in the foregoing subsection before January 1, 1983, forty-five percent (145 ) of the amount of said assessment as shown in Section B of said schedule shall become due and payable on January 1, 1983. C. Interest on the unpaid balance figured on the basis of the 45* set forth in Subsection B hereof, shall be payable semi-annually with other taxes levied on such property at the rate of four percent OM per annum from and after the completion and acceptance of said work as hereinbefore provided. 5. That the owner of any property assessed hereby may, at any time prior to certification of the assessments to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty ( 30)vdays after the completion and acceptance of the project; and such owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax List, and he may pay the remaining principal balance of the assessment to the City Treasurer. 6. That the City Recorder shall file the assessment roll pertaining to this assessment in his office and shall certify annually to the County Auditor on or before October 10 of each year the total amount of the installment and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. for 7. That/the purpose of providing notice of said deferred assessments, as herein- before established, the City Recorder is authorized and instructed to prepare a notice thereof under the seal of the City of Shakopee as to such parcels covered by said deferred assessment and cause the same to be recorded or filed, as the case may be, in the office of the Register of Deeds or Registrar of Titles of Scott County, :'linnesota, and when such deferred assessment is paid in full, to file or record a . • release thereof as to each such parcel. �'_/. Passed in dtla1„.,,,,,,j's sion of the Common Council of the City of Shakopee held this . $, day /of .74Citt , 1967. President of the-Common Council ATEST: u c7 ( -tt,(.:, / ).) City Recorder Approved this . h d4' of .t_- , 1967. /_,; Mayor of th/City of Shakopee Prepared and approved this 26th of S-. ember, 106^. 1 _ , / f I City AtF orne , ,...� v - A 1 1 4 0 RESOLUTION NO. RESOLUTION PROVIDING FOR RE-ASSESSMENT FOR PARKING FACILITIES WHEREAS, by Resolution No. 150, duly adopted on Decelither 13, 1966, the Common Council ordered a certain public improvement consisting of the acquisition of certain lots and pracols of land and the making of such improvements thereon as would fit them for public use and public parking, all in accordance with the provisions of Minnesota Statutes, Section 459. 14, and WHEREAS, said land, consisting of 12 parcels, has been acquired and contracts let for the improvement thereof at a total estimated cost of $24:e2t900, and esiga.--4e.ese s2 VJEREAS, the Common Colleen has heretofore deter- mined that in order to provide necessary funds for the payment of the cost of said improvement, the city shall issue and sell $200, 000 Automobile Parking Facilities Bonds of 1967, and the council is authorized to sell bonds pledging the faith and credit of the city for the payment without prior approval of the voters if special assessments have been or will be levied in an amount not less than 50 per cent of the amount of such boads, and WHERTSAS, pursuant to motion duly adopted by the Common Council on July 11, 1967, a hearing on assessments was set for September 12th, 1967, and WHEaELS, notice of such hearing was given by publi- cation and posting and the Common Council met on September 12th to hear and consider such assessment and said hearing having been continued and adjourned until September 26, 1967, the Common Council adopted Resolution No. 205 which closed hearing on proposed special assessments and approved an assessment roil, and WHEREAS, the Common Council has determined, on the advice of the municipal attorney, that the assessment or proposed assessment, or any part thereof, is or may be invalid, and that it is necessary to make a re-assessment as authorized by Min- nesota Statutes, Section 429.071, Subd. 2, in order that the property specially benefited by said improvement shall bear its fair share of the cost thereof and that bonds may be issued in anticipation of collection of special assessments, NOW, UEREFORE, BE IT RESOLVED 13y the Common Council of the City of Shakopee as follows: 1 . The off-street parking improvement as set out and described in Resolution No. 113, adopted by the Common Council on June 14, 1966, shall be hereafter called 1967 Parking Facilities Improvement. 2. It is hereby determined that part of the property benefited by 1967 Parking Facilities Improvement is benefited to a lesser extent than other property and sep- arate benefit districts are hereby established, as follows: District A shall be those lots in Blocks 3, 4, 5, 6, 21, 22, 23, 24, 29, 30, 31 and 32 as listed on the "Proposed Off-Street Parking Assessments Schedule E" dated October 24T-44166... -• . • 4 t 0 1 . . • 4 f . District B shall be those lots in Blocks 4, 6, .21, 22, 24, 29, 30, 31 and 32 as listed on the "Proposed Deferred Assess- ments for Future Benefits from Municipal Off-Street Parking Facilities" dated J411,L-2.:11.-1962. 3. The common council further determines that in accord ance with the provisions of Minnesota Statutes, Sec- tion 459. 14, Subd. 7, that the property in District B shall . bear less special assessments and that said assessments shall be deferred until a later date or until such time as the prop- erty is used for commercial purposes. 4. The special assessment for 1967 Parking Facilities Improvement, as adopted by Resolution No. 205, adopted by the Common Council on September 26, 1967, is hereby annulled and set aside. 5.: The re-assessment roll for 1967 Parking Facilities Improvement, prepared by Melvin Lebens, City Recorder, and filed in his office on October ii/ , 1967, is hereby adopted as the proposed assessment for 1967 Parking Facilities Improve- ment. 6. The Common Council shall meet at the Council Room in the City Hall on ,,, 2 , the ,., .- day of November, 1967, at ,('-: ,' o'clock P. M. to hear and consider all objections, and if iso determined, to adopt the proposed re-assessment and the recorder shall publish notice thereof in the official newspaper at least once not less than two weeks prior to such meeting of the council, and shall mail such notice to all property holders. Passed in regular session of the Common Council of the City of Shakopee held this 31st day of October, 1967. ---. /1.01 ,,r4:4 :e* 47 Presiaent of Fhtinnimon Councla Attest : ,Q ic (ii.. r ic e 0, City Recorder i 0* ,4 c't i r •c.... e,,,, r ---- , , .......""°"*.* 9 -2- RESOLUTION NO. 1. .- . RESOLUTION CONFIRMING REASSESSMENT FOR 1967 PARKING FACILITIES IMPROVEMENT BE IT RESOLVED By the Common Council of the City of Shakopee, Minnesota, as follows : 1 . The city recorder has heretofore, with the assistance of the engineer, selected by this council for such purpose, calculated the proper amounts to be specially assessed against every assessable lot, piece or parcel of land in the city, which was approved by Resolution No. 205 adopted Septem- ber 26, 1967 . 2 . The common council has determined that because of errors in the original proceedings, the proposed assessment is or may be invalid but that the property described therein is benefited by said improvement and in order that the property owners shall be required to pay the cost of said im- provement in proportion to benefits received, it is necessary to correct said errors and defects by adopting said assessment as a reassessment pursuant to Section 429 .071, Subd. 2, Min- nesota Statutes. 3 . Notice has been duly published and mailed to each property owner, as required by law, that the common council would meet in special session at this time and place to pass on a proposed reassessment . 4 . A proposed schedule of assessment for off-street parking benefits has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed reassess- ment , or to any item thereof, and objections have been filed. 5. The common council finds that each of the lots, pieces or parcels of land enumerated in said proposed reassessment was and is specially benefited by the construction of 1967 Parking Facilities Improvement in the amount of said proposed reassessment set opposite the description of each such lot, piece or parcel of land and that said amount so set out is hereby levied against each of the respective lots, pieces or parcels of land therein described. 6 . Such proposed reassessment is adopted and confirmed and the sums fixed and named in said proposed reas- sessment are adopted and confirmed as the proper special as- sessment for 1967 Parking Facilities Improvement, for each of said lots, pieces or parcels of land respectively. 7. Said reassessment so adopted and confirmed shall be certified to by the city recorder and filed in his office and shall thereupon be and constitute the special as- sessment for 1967 Parking Facilities Improvement . 8. The amounts assessed against each lot , piece or par- cel of land as set forth in Schedule A shall bear interest from the date hereof until the same have been paid at the rate of Afibo.per cent per annum. 9. The reassessment under Schedule A shall be payable in 15 equal annual installments payable on the -1- • • . _ • • 1st day of January• in each year, beginning in the year 1969 and continuing until all of said installments shall have been paid, each installment to be collected with taxes collectible during said year by the county auditor. 10. The city recorder is hereby directed to make up and file in the office of the county auditor of Scott County a certified statement of the amount of all of such un- paid installments and the amount which will be due thereon on the 1st day of January in each year. Passed in regular session of the Common Council of the City of Shakopee held this 28th day of November, 1967 . fr� it Presfden� 'o�/, a Common Council i Attest : r. N /j /, t It it' , 1.� /q-17 City Recorder Approved: 'ti 7 / vk. r' Mayor of the City of Shakopee -2- . 2-- / lam MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Mileage Claim - Fire Department DATE: August 30 , 1982 Introduction In your informational items for the August 17 , 1982 meeting you received a copy of the attached memo. I noted on the informa- tional items that we would handle it administratively; however , Butch Ring has brought up an additional point . Background Butch contacted Jerry Wampach and told him that Doug Reeder had agreed to pay mileage instead of purchasing the Fire Department a car. So , the question is , were Gregg and I changing the pre- vious administrator ' s transportation reimbursement policy? I called Mr. Reeder and he remembered establishing the policy to pay for Fire Department mileage. However, when I explained the particular claim in question he differentiated between Fire Depart- ment activities for which the City would pay mileage and Fire Relief Association activities stating that he felt that it was inappro- priate to charge activities supporting one fund to another fund. Gregg and I couldn' t agree more. The problem is fairly straight forward. If Street Department employees work on the sanitary sewer system or go to a school on sewelrs , its charged to the Sewer Fund not the Street ' s General Fund Division. In the Fire Department ' s case , they control the Relief Association Fund, and any costs picked up by the Fire Department ' s General Fund leaves that much more money in their Relief Association Fund. They have a vested interest in keeping cost down in the Relief Association Fund and that is why they have made the request to have it paid out of the Fire Department General Fund. Alternatives 1 . Approve the claim for payment of $11 . 20 to Marvin Athmann for payment from the Fire Department General Fund. 2 . Disapprove the claim and recommend that it be paid for out of the Relief Association. Recommendation Staff recommends alternative #2 . Action Requested Move to disallow the mileage claim of $11 . 20 for Marvin Athmann for Relief Assocation activities and restating that the City will pay for mileage for regular Fire Department activities . JKA/jms �/4/. MEMO TO: John K. Anderson, City Administra r ! i FROM: Gregg Voxland , Finance Director RE: Mileage Claim - Fire Department L.7 DATE : August 13 , 1982 Introduction The Fire Chief has submitted a claim for mileage on behalf of Marvin Athmann in the amount of $11 . 20. Background The trip was made by Mr . Athmann to attend a Fire Relief Associa- tion meeting. It appears to staff that this claim is more appropriately an expense of the Relief Association and not the City . A review of vouchers for 1981 showed that the City did not pay for a similar trip. It appears that the City did pay for a similar trip in 1980 , but staff did not "catch it" to question the claim. Alternatives 1 . Approve the claim for payment of $11 . 20 to Marvin Athmann. 2 . Disapprove the claim. Recommendation Alternative #2 is recommended . Action Requested Move to disallow the mileage claim of $11 . 20 for Marvin Athmann . / ) /MEMO TO: John K. Anderson City Administrator FROM: Don Steger City Planner RE: Hiring Consultant for Downtown Plan DATE : September 2, 1982 Introduction: On September 1, 1982 the Ad Hoc Downtown Committee voted to recommend to the City Council that they commence the process of hiring a downtown planning consultant. The consultant would be responsible for formulating a downtown plan and providing coordination for implementation. The Downtown Tax Increment Project has earmarked approximately $30,000 for the consultant ' s cost . The consultant would work directly with the Ad Hoc Downtown Committee and City staff throughout the planning and implementation stages. If the consultant hiring process is approved by the City Council, the City staff will solicit proposals from consultants and conduct the initial screening. The remaining 3 to 4 consultants would then be expected to make a presentation to the Downtown Committee who will make a hiring recommendation to the City Council. Alternatives : 1. Motion to hire a downtown consultant 2. Motion not to hire a downtown consultant Recommendation : The Ad Hoc Downtown Committee recommends that the City Council authorize the staff to commence the process of hiring a downtown consultant. Action Requested: Move to authorize staff to commence the process of hiring a downtown consultant . ;a�: f �. C.; / -1- x yr 0Xiti1S. �1YEE %�=�k' �`� 129 East First Avenue, Shakopee, Minnesota 55379 i' , A . : 11-0 } .r, . J� MEMO TO: _______Common Council FROM: Public Works Department suli.iECT: _ 1982_Capital_ Egitip. _ ud Bg_et DATE__-_—Aubust 2b , 1982_,__ INTRODUCTION : l'h.is memo will request permission to purchase Public -- - Works equipment as requested and budgeted in the 1 982 Capital Equipment budget . The accessory equipment listed below will be for our new 27 , 500 GVW truck which we expect to be delivered by next week. The accessory equipment for the truck will be installed in our shop , and should he mounted sometime next month. The equipment requested will make this truck comparable to the other trucks in our fleet . We had budgeted $ 35 ,000 for this vehicle and re- 1 lated equipment , with $ 25, 714 being used for the truck as specified , and $ 8 , 432 . 25 for the related snow equip- ment as presented in this memo. A total of $ 34 , 146. 25 will be paid for the complete truck and accessories . The other equipment requested will be two ( 2 ) replacement mower decks for the Park Dept . , a flail mower which will be used by the Street and Park Depart- ments jointly , and a 4" high output trash pump to be used , generally , in emergency situations . These quotations will be reviewed by the Equipment Purchase Committee prior to presentation to Council . SANDERS Background: The majority of our fleet use a spinner type sander which covers a wider area to be sanded-it is also • offset to the left side of the truck which allows us to "throw" sand into the opposite lane of traffic without having to drive in that lane. Our tandem truck has been equipped with a roller type sander which we found is more efficient in specific application, such as, parking lots, alleys , rural roads, & lanes of traffic which need a saturated application where needed . We feel that one more truck should he equipped with the Roller type sander for better diversification. of equipment in our fleet. QUOTATIONS : ( Budget - $9 , 286 . 00 for truck accessories ) Hayden-Murphy Co. Mpls- "Swenson" Model UR-310 (roller) $ 1401. 25 "Swenson" Model UAZ-lll (spinner) $ 1895. 25 Ruffridge-Johnson Co. Mpls- "Central" Model S-33 ORL (spinner) 1650 . 00 Itasca Equipment Co. Savage- "Hi-Way" Model TG-ll0 (sp.inner) $1883 . 00 "Hi-Way" Model TG-505 (roller) $1780 . 00 Recommendation: We recommend purchase of the "Swenson" Model UR-310 (roller) sander for $1401 . 25 from: Hayden-Murphy Equip. Co. Mpl.s . , Mi nnesota PLOWS Background We have obtained and submitted prices on the standard steel plows which we have used for many years . However, a new ployethylene plow has now been introduced and proven• to be quite valuable as a snow-fighting tool . This plow is constructed of 3/8" polyethylene , has a • standard steel frame , ribs , & moldboard , but features a 30% savings in fuel consumption because the plastic surface creates virtually no resistance to the snow as it pushes it to the side . The 3/8" polyethylene is purported to be very hardy to extreme cold without breaking and is heavy enough ( 1 ,800 lbs . ) to prevent the cutting edge from riding over normal snow ridges during :i plow operation . The City of Wayzata has already purchased this type of plow and re- ports that this plow is doing a good job for them. The price of this plow is approximately $370.00 higher than the standard steel model , but the fuel savings will make up the difference in a few seasons . We would like to purchase this innovative plow and analyze its merits over the next winter season, noting in particular, the ease of pushing snow because of its frictionless features . r PLOWS - CONT QUOTATIONS : FRONT PLOW BALDE lift ( power reversible w/husting hitch) ( Budget - $9 , 286 . 00 for truck accessories Hayden-Murphy Co . Mpls . "Henke Model 41-R11 $4305 . 40 "Henke Model 41-R11P $4775 . 40 ( Poly ) Falls Machine Co. • Little Falls , MN "Fall5' Model PR 11 -43 $4350 . 00 Itasca Equip. Co. Savage "Wausau" Model 45-11 -HR $4440 . 00 MacQueen Equip. Co. St . Paul "Frink" Model 3611 ATSFWR $5334 . 00 "Frink" Model 3810 PISA-WR$476 5 . 00 ( Polyethylene ) RECOMMENDATION: We recommend purchasing the "Frink" Model 3810 poly- ethylene plow with a 29" Husting Hitch from MacQueen Equip. Co. for $4 ,765 .00. Background The U.B. Blade is mounted underneath the truckbody at 35 degree angle between the axles. It is hydraulically operated from the cab and is spring, loaded to absorb any hard shocks or obstructions such as manhole covers or frozen rocks . This type of blade has proven to be in- valuable in our daily operations by: 1. enabling us to use less sand/salt by cleaning a pathway in front of sander application. 2 . cut compacted snow & soft ice and cleanup during snow operations . 3 . Provide a blade for "one Man" application of gravel & crushed rock in alley and rural remote gravel operations . 4 . Provide "on the job" availability of a blade to level gravel & bituminous materials. Every truck in our fleet has been equipped with the underbody blade. This purchase will complete our objective to install a U.B . Blade on all of our trucks . 'NOTATIONS : UNDERBODY BLADE ( Budget - $9 , 286 .00 for truck accessories ) T. McMullen Co. S t. Paul- "Root" F-5 Snoblade- $2356 . 00 Itasca Equipment Co. Savage- "Wausau" U .B . Blade- $3700 . 00 Hayden-Murphy Co. Mpls- " Inland Model SB 10 $ 2495 . 00 RZCOMMI:NDATI ON: !a^' ra rcco:1:ncn.l ing nurc':as i nvr or the , 00t F'-5 unaerhod y snow:)lade for t'..a amount of `7,235:,. 00 from T. 1cMullen 'Co. of St. Paul Replacement of Woods Mower decks BACKGROUND: Recently, we solicited quotations for two ( 2) Woods L 306 mower decks to replace the Woods mower decks installed on our 2 Model 140 International-Ilarvestor rotary mower tractors. This will be the third replacement of these rotary decks and should remain in service until the tractors are scheduled for replacement in 1984 . These rotary mowers decks are mounted underneath the tractors, and are considered the "workhorse" for the majority of our mowing duties. The quotations received, are only for the mowing deck, spindles and blades which are mounted on a 72" frame. When we initially budgeted for these decks, some years ago, we thought that we would have to replace them entirely. QUOTATIONS_ (Budget - $2500) Lano Implement Co. (Shakopee) 2- Model 306 All (kit #9702) decks @540 . 00 $1080 . 00 . Carlson Tractor and Equip. Co. (Rosemount) 2- Model 306 AH (kit #9702) decks @545 . 00 $1090 . 00 Long Lake Ford Tractor Co. . (Long Lake) 2- Model 306 All (kit #9702) decks @555 . 00 $1110 . 00 Kromer Equip. Co. (Mound) 2- Model 306 All (kit #9702) decks @791 . 66 $1583 . 32 RECOMMENDATION: We recommend purchasing the two ( 2) Woods Model L306 All mower replacement decks from Lano Implement Co. for $ 1080 . 00 FLAIL MO 7R I3AcKCIROUND: We have been considering, for some time, using a flail type mower in certain applications where the mowing surface is littered, rocky, or very uneven. The flail mower would be mounted on a 3 point hitch on the rear of our John Deere 300 sickle mower, where it could be also utilized with the roadside weed mowing with the sickle mower . The unit will offset 20" to the right of the machine so a strip won' t he left between the sickle and flail mower . By using this method, with both mowers, a time saving "one pass" mowing method could he used on most applications . The flail mower usually is capable of doing a better cutting job than a sickle mower, because hammer knives revolve around a rotating drum grid will get lower to the cutting surface. A flail mower can also be used in the Memorial park arca with has numerous rock outcropping, where this area has always been notoriously hard on our rotary mower .blades. We have been fortunate, the past two years, to have found a private contractor willing to do the contract mowing for home- owners in conjunction with the weed notices issued to property owners. This type of mowing is generally shunned by most equipment owners because of the rocks, posts, and rubble generally found or dumped on these vacant lots. We feel that we have to he in a position to mow these lots ourselves if the private contractor breaks down or decides not to continue working with our weed control program. After viewing several flail type mowers, we elected to ask for quotations on two models which are very similar in specifications The list pr ice for the MOTT and !')PD mowers requested , are nearly identical, however, the Ford Company is currently offering a generous discount to governmental agencies which we felt we couldn' t ignore. This explains the price variations . on the quotations submitted . QUOTATIONS: (budget - $3000) Carlson Tractor and Equipment Co. (Rosemount) • Ford Model 917 88" flail mower $ 1752 . 00 Mott Model 88-0 88" flail mower. 2062.00 Long Lake Ford Equipment Co. (Long Lake) Ford Model 917 88" flail Mower $ 1890 . 00 Mott Model 88-0 88" flail mower 2146 . 00 Bryan Equipment Co. (Brainerd) Mott Model 88-0 88" flail mower $ 2411 . 92 RECOMMENDATION :- We ECOMMENDATION :-cue recommend purchasing the Ford Model 917 88" offset flail mower from Carlson Tractor and Equipment Co. for $ 1, 752 . 00 9 .. TRA5H PUMP - - ti B11C.4GROUND: We have encountered many situations, through the years, where we have found a demand for a high volume• pump to meet the immediate need to remove water. On most of these occasions, the demand is of an emergency nature where we haven' t got the time to make arrangements to rent a pump of this size. Such an emergency, comes to mind, when we had a flow stoppage on the interceptor line and we had to run to Minneapolis to rent 4" pumps to control the backup and lower the manholes in order to enter them to remove the problem object. We hve a 3" pump in our inventory, but this pump is not nearly large enough to handle , some emergency situations . Capacity wise, there is a great difference between a 3" anti 4" pump. A 3" pump is rated at 4800 gallons per hour, while the capacity of a 4" pump is rated at 37 , 800 gph. It would also be our ultimate goal to equip this pump with enough vinyl discharge hose to enable us to have the ability to bypass a whole block of sanitary sewer in the event of a complete stoppage. This need has presented itself several times in the past, and we feel that we should he able to handle this type of emergency when the situation occurs. This pump will be of great value for general dewatering , construction site water control, transfer of waste materials, high output ditch drainage, and general emergency uses. QUOT11T10'IS : Heavy Duty 4" Trash Pump (Budget - $2200) Hayden-Murphy Equip. Co. "linneapolis • Uomelite H .D. model 160TP4 with cast iron 16 h. p. Briggs-Stratton engine equipped with wheel kit. $ 1, 555. 00 20 ft. suction ( intake) hose 174 . 00 50 I t . PVC vinyl discharge hose 115. 00 Power Quip. Equip. Co. Burnsville MI-T-M 4" with 14 h. p. Wisconsin engine $ 1959 . 00 • 20 ft. suction (spiral wire) 249 . 00 50 ft. discharge (vinyl coated) @ 149 . 00 'iCOMMENDAT I ON : We recommend purchasing the i,omelite "iode1 160TP4 pump from Hayden, "Iurphy Equip. Co. for $ 1 , 555 .00. 20 ft. suction hose 174 .00 4 - 50 ft. vinyl discharge hoses @ 115 . 00 each. for a total-$2.189 . 0 ( 460 . 00) This is a summary of the recommended purchases contained in the Public Works Department memo of August 26 , 1982: Action Requested Authorize the following purchases : 1 . one "Swenson" Model UR-310 (roller) sander for $1 ,401 . 25 from Hayden-Murphy Equipment Company , Minneapolis , MN 2 . one "Frink" Model 3810 polyethylene plate with a 29" Husting Hitch from MacQueen Equipment Company for $4,765 .00. 3 . one Root F-5 underbody snowblade for $2 ,356 .00 from T. McMullen Company , St . Paul . 4. two Woods Model L306AH mower replacement decks from Lano Implement Company for $1 ,080.00. 5 . one Ford Model 917 88" offset flail mower from Carlson Tractor and Equipment Company for $1 , 752 .00. 6 . and from the Hayden-Murphy Equipment Company, one Homelite Model 160TP4 pump for $1 , 555 .00, 20 feet suction hose for $174.00 , four 50 foot vinyl discharge hoses at $115 .00 each for a total of $2 , 189 .00. // MEMO TO: John K. Anderson FROM: Jeanne Andre , Administrative Assistant RE : Payment to Adrian Herbst DATE : September 3 , 1982 Introduction : The City is preparing to finalize the Cable Franchise award and receive reimbursement for expenses incurred in this process . A further decision by the City Council is necessary to prepare the final listing of ex- penditures . Background : According to the "Request for Proposals for a Cable Communications System" the City is to be reimbursed by an initial franchise fee of up to $20,000. The City has expended funds of at least $20,000 at this time . The expenses include the $5,000 initially contracted for attorney services by Adrian Herbst , plus an additional amount subsequently authorized by the City Council . Mr. Herbst has incurred additional ex- penses as outlined in his attached letter and July billing ( the August billing is still to come ) . He recommends that language in the prelimin- ary and adopted ordinance will allow these costs to be passed on to the cable company, even though the $20,000 maximum has been exceeded . The cable company has informally agreed to accept an additional $2000-$3000 charge . If authorized by the City Council , I will include Mr. Herbst ' s additional charges on the expenditure list to be paid by Zylstra-United. If this reimbursement is received by the City from the cable company, the City will then pay the additional bills presented by Mr. Herbst . If the cable company refuses to pay any or all of the additional fee , the issue of payment to Mr. Herbst can be reconsidered by the City Council to determine if any payment will be made from the general fund . Requested Action: Authorize staff to present bills presented by cable attorney Adrian Herbst beyond his previously authorized expenditures to be charged against the initial franchise fee to be paid by Zylstra-United Cable Television Company ( ZU), and if reimbursement for these fees is paid to the City by ZU, authorize payment to Mr. Herbst of his July and August billings . JA: cu Attachment HERBST & TRUE, LTD. ATTORNEYS AT LAW 2030 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH TELEPHONE ADRIAN E.HERBST (612) 835-2434 DANIEL D. TRUE BLOOMINGTON, MINNESOTA 55431 GARY R..L Tz JOHN F. GIBBS LEGAL ASSISTANT � August 6 , 1982 r' it:.1,,t {: �-''a"�' }� L. nsfl c1 r�'. a i .3 Jeanne Andre c/o Shakopee City Hall C;1"( Gy 129 East First Avenue Shakopee, Minnesota 55379 RE: Our File Number 81-1026G Dear Jeanne: Please find enclosed our billing for the month of July. This billing includes additional time not billed to you in June. I have been somewhat uncertain as to exactly how to account for additional time incurred by our firm relative to the work on the Shakopee ordinance. While I recognize that I have a contract with Shakopee which specifies a specific amount, substantial additional time was incurred by us due to a lot of requested changes and increased activity not an- ticipated. As you know, Zylstra Company had two different law firms review the ordinance, both of which made comments about dif- ferent provisions that they wanted us to reconsider and re- write. A tremendous amount of time was devoted to those requests in order to provide the Committee with an accurate analysis from a legal standpoint relative to all of those different issues. As a consequence of the work that we devoted to this, a substantial portion of the requests for change of Zylstra were withdrawn by them. In addition, more time was devoted from a negotiation standpoint because of the requests of Zylstra and the Committee. Therefore, we were not working on the documents from the stand- point of providing a final draft ordinance by merely rolling into the preliminary a proposal of the cable company. A lot of negotiation has been involved. In order to deal with this, I did include a section in the preliminary ordinance and it is also included in the final ordinance to protect Shakopee. The provision is found under Section 15. 03 (I) which provides as follows: HERBST & TRUE, LTD. Jeanne Andre Page Two August 6 , 1982 "Upon acceptance by Grantee, all fees and charges for acceptance of this franchise and all costs and expenses incurred by City shall be paid in full. City shall provide to Grantee an itemized statement of its expenses. Any costs not identified by City before date of acceptance shall be paid promptly to City when an itemization of such costs and expenses is provided to Grantee. " The fees and expenses that you have been billed for by us are certainly a proper matter to be paid for by Zylstra. This provision was used by me in the Northwest area and all of the costs and expenses were promptly paid for by the cable company that accepted the franchise and, in my experience in many other franchising areas, this also is the case. It is not possible because of the complexity and nature of the process to always have a complete idea at the beginning of the process as to what all costs and expenses might be. I trust that Shakopee will honor our billing despite the fact that it is in excess of the amount originally quoted to you. I want to assure you also that the time involved has been accurately accounted for by us and that the time was needed in order to turn out a good produce for the city. Very truly yours, A-Yit Adrian E. Herbst AEH ndr Enclosure HERBST 8C THTJE, LTD. ATTORNEYS AT LAW 2030 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 TELEPHONE (612) 835-2434 To Shakopee Ad Hoc Cable Committee File Number 81-1026G c/o Jeanne Andre Shakopee City hall 129 East First Avenue Shakopee, Minnesota 55379 July 31 , 1982 7/6/82 Preparation for meeting on 7/8/82; review of Shakopee obsce- nity ordinance; preparation of opinion including cable obsce- nity provisions in franchise ordinance or obscenity ordinance; legal research re obscenity. 7/7/82 Telephone conference with Anita Benda. 7/8/82 Preparation for meeting on 7/8/82 ; attendance at Committee meeting; legal research re obscenity; intra-office conference with associate; drafting of memorandum re obscenity ordi- nance. 7/14/82 Conference with Anita Benda; review of 5. 2172 and compromise bill . 7/15/82 Work on ordinance renegotiation. 7/16/82 Work on ordinance renegotiation and drafting of revisions . 7/19/82 Work on ordinance renegotiation and legal questions re several issues . 7/20/82 Work on ordinance renegotiation; telephone conference with Roger Zylstra; drafting of provisions to resolve questions of Zylstra. 7/23/82 Telephone conference with Jeanne Andre re additional ordi- nance modifications; corrections on work requested by Jeanne Andre. 7/26/82 Work on ordinance revisions . 7/27/82 Telephone conference with Roger Zylstra. 7/30/82 Correspondence to Jeanne Andre re Goldwater bill . HERBST & THUE, LTD. ATTORNEYS AT LAW 2030 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH TELEPHONE BLOOMINGTON. MINNESOTA 55431 (612) 835-2434 To ATTORNEY' S FEES : $ 2, 519 . 50 PLUS COSTS AND DISBURSEMENTS : Photocopying 27 .00 Printer 38 .00 Emery Air Freight 21 .00 Long distance calls 9.00 $ 95 .00 TOTAL ATTORNEY' S FEES PLUS COSTS: $ 2, 614. 50 PAYMENTS ON ACCOUNT: $ PAYMENT FROM TRUST ACCOUNT: $ PREVIOUS BALANCE: $ 3, 169 . 38 TOTAL BALANCE DUE: $ 5, 783 .88 7 MEMO TO : John K. Anderson City Administrator ' FROM : H. R. Spurrier /J City Engineer RE : Halo 2nd Addition Improvement DATE : September 3, 1982 Introduction : ivir. Idallace Bakken has requested payment for sidewalk constructed as a part of the Halo 2nd Addition improvements. Background : At the [li a '_ thy; City was contracting for the improvermL,nt of Salo 2nd Addition, ivir. Bakken was constructing a motel in the subdivision. In order to complete his building, ivir. Bakken had to construct the sidewalk. Mr. Bakken has requested that the City reimburse him for the cost he expended in constructing the improvement, which was installed in accordance with the plans later bid by the City. The City has already assessed property owners for that work. Alternatives: The City has two alternatives: 1 . Pay Mr. Bakken the contract price the City paid for sidewalk Mr. Bakken installed. 2. Pay nothing and reject Mr. Bakken's request. Recommendation : It is the recommendation of City staff that Mr. Bakken be paid the contract price paid for sidewalk. That price is less than Mr. Bakken's actual cost but ivir. Bakken agrees to accept that amount. Action Requested: Authorize payment of $2,486. 25 for the construction of sidewalk, which is a part of Halo 2nd Addition improvements, charging to Fund 58-514-41. HRS/jvni //4 kiEiviO TO : John K . Anderson City Administrator •FROwi : h . R. Spurrier / � City Engineer — --- RE : Out of Cycle Bill Payments DATE : September 3, 1982 Introduction : Attached are bills from Campbell Appraisal Company, Inc. and Suburban Engineering Company, Inc. Background: The Campbell Appraisal Co. , Inc. bill was inadvertently overlooked because it was not mailed separately to the City but was included in a copy of the appraisal. Staff was advised to this consequent to August billing cycle and recommends payment of the bill out of cycle. The second payment is to Suburban Engineering, Inc. for Valley Industrial Boulevard South. This payment did not make August cycle because of a question regarding the work performed by the consultant. That matter has been resolved and staff recommends payment. Action Requested : 1. Authorize payment of $750. 00 to Campbell Appraisal Company, Inc. , 8609 Lyndale Avenue South, Bloomington, MN 55420 for appraisal of benefit on Bluff Avenue. Funds should be dispersed from Fund 59-4310-530-41. 2. Authorize payment of $3,840. 00 to Suburban Engineering, Inc. , 1101 Cliff Road, Burnsville, MN 55337 for Valley Industrial Boulevard South to be dispersed from Fund 59-4310-530-41 . HF2S/jvm INVUiLL UBUR�AN Main Office 571-6066 . qi NGINEERING 6875 Highway No. 65 N. E. INC.-_______ Minneapolis, Minnesota 55432 5.10 , Civil, Municipal & Environmental Engineering South Office 890 6510 1101 Cliff Road Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 I • PLEASE REMIT TO MAIN OFFICE _J DATE July 23 1982 RECEIVED City of Shakopee 4rfrt 129 1st Ave. East ' .vim 3 1982 Shakopee, MN 55379 INVOICE NO. 20423 Cust. No. 1980 CITY OF KOPEE Job No. S81121 L .J NET 30 days — legal interezt will be charged monthly thereafter. Minimum charge 50e. QUANTITY DESCRIPTIO N — _ AMOUNT Re: Valley Industrial Blvd. So. Project No. 82-2 For Extra Services: Construction Staking; thru July 17, 1982. Prin. Surveyor 4 hrs. @ $48.00 = $ 216.00 Survey Tech 2 6 hrs. @ $24.00 = $ 144.00 3 man crew 18 hrs. @ $69.00 = $1 ,276.50 2 man crew 402 hrs. @ $55.00 = $2,227.50 TOTAL DUE $3,040.00 "9-' 4..5//-- 53O- / to L Invoice #3949 CAMPBELL APPRAISAL CO., INC. REAL ESTATE APPRAISAL MORTGAGE LOANS & BROKERAGE 8609 LYNDALE AVENUE SOUTH BLOOMINGTON, MINNESOTA 55420 PHONE: 612/888-1221 June 30, 1982 • Mr. Bo Spurrier City Engineer Shakopee City Hall 129 East First Avenue Shakopee, Minnesota 55379 Re: Lot 1, Block 17 & vacated land between Lot 1,Blockl7 • & Lot 6, Block A,East SHakopee, Scott County,Mn TERMS — NET. PAST DUE ACCOUNTS SUBJECT TO 1%SERVICE CHARGE. PROFESSIONAL SERVICES Study of the above-referenced property $750. 00 B 9 THANK YOU! / .17 ' 4.• -.. r ,i0 co/ P,T,ER/E0 —I ;P, .... , . `-174 ---A -. 0 INTEREST AT THE RATE OF 1%PER MONTH WILL BE "-','`)., _,-."'s\ e S'ir--- CHARGED ON ALL ACCOUNTS UNPAID AFTER 30 DAYS (.. ANNUAL INTEREST RATE 12% r 1 i 07 k 1 (,, i 1 w.., .""' 4= 4 4s$4.44;4•444114,114r4444,* trkt,0y.,4+414 i,i„,,ii,p pt..04,4,04101 ii, I.,4a+itifli.Okko.tAi.tittf' –14104.00414410 ; ' •... - , :, • I .iMkt.:11.;.,. , 1*. •'•'•'• • ' . ii ,tt 4.,,t twial.4017,4r, • • :9-iitt,, .,- , ..! ,-• --, ' '• "I a ' # I ••• -i i.• • i ,, , • • •VIttlit ' 'iodfiii."- •714:;.:14,:;irrt ;g,„7: 41a:•.i t:.0, .•• Iii;iii•l ' ;; • ' ,rt : ' • '. . ei,,r,4iir,*.• •:-.;:,:-- :is •::: .i . ....-.-- . ...., „' .,- 9,.r--- .-;..i.;;:...:, ,,-..,.,,„-.14 ••: 4 I', 0 *Aw..1 :t' y, c,f, ..0 lit.: ,-1.1.,rit t,f-rs„....,1, .„ ' l'•: - -. .-,:„:10 il!!. 117' , 1,1C-1:141.4,!la,001.-0440. •','!,,• sn'" ,41,"-:-.; • ,:- .., Iff '!1AW $.0;;‘Vc;,*;14q •',! . 'IL,I..::,, ' 4 • • -s •:, , .'„ , , , O in cfl N CO rn 0 H N CO d" Ln in N in 0) 0 H N !T•' e-{ c--i ,-1 H e--I N N N N N N N N N N CO CO Cr) N N N N N N N N N C` N C` N N N N N C` t) U (1) a) a) a) a) cn O1 6) cn a) O) 0) 0) 0) 0) 0) 0) 0) • co CO O d• 0 0 d- in 0 0 rn 0 d •co H in d• d- (-0 H O co O �t ao N O O CO O CO d- N Ln H H Ln t O N 0 0-) in H 0 0 H In in CO d' 0 CO 0) '4. 0 N co H cod• co d• in 0 co N N co `O in CO co co a) co N CO NN d' in -I N N N Cp In In N CO • 4-1 (4--1 • a) 0 0 a) Cl) H 'b a) Cl) a) ll C • 0 CD •a) > 5-4 Cl) a) S� m S� ca a a a a• w ro a) Q rd = 0 C SO-I cid Cl) al m E E Hm (I) a) b0 > _ _ _ (d al > .0 a) .0 C U a) (Cl S, a) a) U .0 a) m U) Ll: U) H H • E 'Cl •H CC S U) (I) LL' (d i I 1 a) • 4� a) 4 ri rl C Q O = _ = H u 0 H u O u (4-i O 3 S 0 0 cd cd c� CO U Pa a • N Cl) Z • Q) Z H ,C = E U U P U) U C P Cl) (TS = = _ • u (d (I) 0 U) W (O co ..-i (Cl C • a) E 0 = = = (S O U) O H U H a H W In H n h < U > H U U) a. a a) Cl) O a) _ E E • • a (4 -H •r1 U) a▪ a Ei E-I • U) a >C = _ _ o7S co b0 E E 4-+ •H .r{ (Cl 0 O H u C U) _ _ _ Ei rl U U H S 0 .Q U P P (U U Cn .0 -1 •r-I •H Q al Q �` n. C r1 cd c� E-I H U H H U) 4-1▪ 4-1 I I U) cI5 _ _ _ Z X H H H H H W a) Cl) a) U)a) Cl) Ss-• U) Lt. w Cr) r-, a CO CO a) a) (n Cl) ri I •r1 •r-I v--I b0 H U a a U 1..1 I_) 1-) u 0 I) P P S.4 0 RS a) x •,-i •rf S-i •r1 •'-i •ri Cd CIS O � > = = _ CD •H _ _ _ .H .H = •H .H 0 aai CD � a) aE) CD al (ti U 0 C a) O C3 a) a) a) cz rz a a rz ( U) U) U) a El Q (z W W (4Pa rz x Es (ID co O d• 0 0 d- in 0 0 H rn d- in 0 H N N0) LO H O Li) d- d• in H0 in 0 d• CO N 0 0 ao rn 0 a) 0 O) Ln N H d N Ln Ln H H Ln d• 0 N 0 o) in H 0 0b co NLn d t H W H N 0 co o) 0 in H O d• co d Ln 0 H N o) H co co co in cO co O) OJ N CO N N dt in r-I H N CO CO C) in N c0 In N in • V0 0 0 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 O O 0 0 0 U H H H H H H v-I v-I v-I H H r-I v-I H H H r--I H r--I H H .-I .-I H H d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 H H H r-1 H H H H H H -1 H H H H <-I ,-I H ,-1 v-I ,H H v.--I ,-I H N V H H H H v-I H H N--1H H H v-I H r-i H H H R H v-I v-I H CO ap in CO CO CO CO 0 0 0 0 0000 0 0000 0 00 00 CO a) bD clip_, H H H H H H Ln H co cn N N• c) CO N� O O O O H H r-I H H H H C) a) a) 0) rn o) <-1 cO co H• H H H N H O• O• O• O• co co• d• 0) 0) o) • C\j p H H H H H H H r-I H H H H H r-I Cr O O O O N N H H H H CO O H H H H H H Ln H co cr) N N o) cc) N O O O O H H H H H H a) 0 o) a) a) o) a) a) H co co H H H H N H O O O O CO CoCr o) a) 0) H • • • • 0 H H CO C` N 0 0 0 0 0000 H N O H O NN N 0 H N L) E"L N N CO N N N 0 in 0) N CO CO CO cO a) N d' d" d' Cr) CO CO N N N U) (I a) CP a) a) O) CS) H H CO CO CO CO CO Co CO in in Ln Ln N N N 0) 0) a) rz3 d- d• d- Cl" d- d• c- d' d' d• d" d• d• d' d• co c'•) CO co d• d' d- d• d' d- H H H H H H H H H H H H N H =, H v-I H 1H --i -i r- H-I r-I ‘ CO � CO CO �� O 0 0 O O O O O \ � � � J \ \ J � y> > \ \ ) I \ \ J 0 Z CO d' in (D N OD 0) 0 H N CO CO CO (r) CO 0') CO CO d' 7 `z Ln NN N N N N N N N N U 07 Q) 0) 0) a) 0) 0) a) 0) N N l) ,..; O 0 0 0 0 LI) CO CO N 0 0) 0 0 O ct O O in (O N • . N N O O 0 0) LO O N N 0 CO 0 N CO V CO C\ LI) 0) H 0) 0 N (O CO O O H H H H N H N Ln <-1 ^ 0) 0 U) • C0. (I) N C 0 H C O • a) U O = H allE 0 U) U) U Q) E 4 1 ,H OG (.c 0 (11 C O Q C C t H u W 0 C I• U) 0 H 4-4 �' a) 4-1v 30 =1 = H Li 0 Cli U) 0U 4-1 > (ii CO 0 a) C H H = - - - U) d0 CT. H Z •,� ' 3 'd CO > al U C a Li 'ti c.) U) U) W •H C H Z Z = 3 = _ _ = 0 •H H `� a U U) 4 Z . C H b C CT._. • • (n • U) • ( C) cil m a a UO E 0 U) U) H U H • E 4a e 0 U) CD U U = �, 0 �Q U rl 0 0 S r i al C., H Q) W a) Z Cl.) W 0 GG U) 4-♦ fZ C U) a) C • Q) 4-1 a) W U) ,a) a) C i a) C � a) H (� O •r-I U) U) U •H 0 N H I C U ,C = = _ = O u CO C3 O 1J 0 CD • • !D .H = O. 1D •H S-I )) Cti H •r1 •r-I H (H CH .,--1 .-i Q) .H H ¢ > E E a 0 0 E .,-i ,.y 0 E •r-1 u E E pp a Z a Z a a z H Z U LCO 71-UN N a � � N H 0 in 0 0 0 0 0 0 In CO 010 000LnN 0 H (OCCO) CbON 0 0 H [� 00 0 d" 0 0 Ln LO N 0 0 H H .--1 H 00 LI) CO O N H 0) O H 0 0 00 H 0) ^ ^ ^ r, O 0) (0 0 N N 0 N d" H H H d" N N in C7 (0 N Ln c0 in dr O N 0) H CO d" 0) 0 0) H 0) d' (0 H H H CO in H N d' CO H N CO CO H CO Ln N N, Ln 0 -1 H H H N ff-? fR Ln c-1 0) H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 H H H H H H H H H H H H H H H H H H H H H H H ,-1 , 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H H H H H H H H H H H H H H H H H H H H H H H --1 `CJ U) 'C C (Y) H H H H H H H H H H H H H H H H H H H H H H H ,__1 C C �"i I U c0 c0 c0 0 0 0 a0 00 00000 W 0000000 0 CO I,, C HN b.0 • H H >, (ti H co G H H H H Ln Ln H N Ln in N CO H H H co CO ,H N N H N N <...1 .0 0 0 E..., 0) 0) CO H H 0) d' (h ('O d' 00 c0 co 6) H H c0 (h O dr('0 ( CD S� m C >, N H H H .-i H H H N H H H H H H H H N H H H H N <0 H H a) cti CO 0 H H H H Ln Ln H N In In N CO H H H CO 00 H N N H N N ,-{ (Tf U a 0) U 0) 0) 0) CO H H 0) d' CO CO d' C7 C7 (0 a) H H (O C7 d' CO (O d' 0) O I 1 H N cO 0) 0 0 (0 00 HHHHH (0 0000000 N N H 0c L.) HCO N N 0) H H N N N N N CV N N N N N N N N N N N N U) ~ 6) Cr) Q) d CO CO 0) 0 CO (') 0 (� COO 0 () 0-) C7 () CO (O N W1. Cr Cr Cr Cr Cr Cr Cr Cr Cr Cr d- Cr Cr Cr Cr Cr d' d- 'Kr Cr d' d d- d A H H H H H H H H H H H H H H H H H H H H H r.H MEMO TO: John K. Anderson, City Administrator FROM: Steve Hurley RE: Bluff Avenue Assessments DATE: September 3 , 1982 Introduction In accordance with City special assessment procedure, Resolution No. 2044 declaring the cost to be assessed has been prepared for Bluff Avenue Improvement Project #81-2 . Background The Certificate of Completion for the Bluff Avenue Improvement Project was signed June 25 , 1982 . Final figures were then available for calculation of assessments to benefitted property owners . Although Shakopee Public Utilities Commission meets Wednesday, September 8 , 1982 to review assessment figures they have been reviewed by S .P.U. C. ' s manger, Lou VanHout who anticipates no problem with their approval by the Commission. Recommendation Staff recommends the adoption of a resolution which declares the cost to be assessed and sets the date for the assessment hearing at October 5 , 1982 at 8 : 00 p.m. In the event S . P.U.C. does not approve the assessment figures , the assessment hearing notice will not be sent to the local newspaper. Action Requested Adopt Resolution No. 2044 , A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessment Project No. 81-2 , Bluff Avenue Improvements . (Resolution No. 2044 will be provided Tuesday) SH/jms RESOLUTION NO. 2044 1/ k A RESOLUTION DECLARING THE COST TO BE ASSESSED AND ORDERING THE PREPARATION OF PROPOSED ASSESSMENT OF BLUFF AVENUE FROM DAKOTA STREET TO THE WEST LINE OF HALO 1ST ADDITION ( 81-2 ) WHEREAS , a contract has been let for the improvement of Bluff Avenue from Dakota Street to the West line of Halo 1st Addition by Sanitary Sewer and Watermain and the contract price for such improvements is $65 ,285 . 80 and the expenses incurred or to be incurred in the making of such improvements amounts to $38 ,103 . 75 , so that the total cost of the improve- ments will be $103 ,389. 50 and of this cost Shakopee Public Utilities Commission will pay $1 , 143 . 88 from its fund established for future trunk watermain improvements and the City will pay $0.00 as its share of the total cost . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The cost of such improvement to be specially assessed is hereby declared to be $102 ,245 . 67 . 2 . The City Clerk, with the assistance of the City Engineer shallforthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot , piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3 . That the City Clerk shall , upon the completion of such proposed assessment , notify the City Council thereof. BE IT FURTHER RESOLVED: 1 . That a hearing shall be held on the 5th day of October, 1982 , in the Council Chambers of City Hall at 8 :00 P.M. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and pro- posed assessments will be given an opportunity to be heard with reference to such assessment . 2 . That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he shallstate in the notice the total cost of the improvements . He shall also cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee , held this day of 1982 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982 . City Attorney /, L MEiviO TO : John K . Anderson City Administrator FROM : H . R. Spurrier ),� City Engineer C_.. RE : Thomas Pumper Sanitary wer Service DATE : September 3, 1982 Introduction : Mr. Thomas Pumper, 129 Prairie Street, has had a history of freezing problems with his sanitary sewer service and has asked the City to correct the problem. Background : For a number of years, the City has had frost problems with the sanitary sewer in Prairie Street south of 1st Avenue. The City sanitary sewer has frozen shut and it has been necessary to steam the line several times each year. The problem is very similar to the problem the City had on Main Street, where the City insulated a sanitary sewer to reduce problems. Mat work has proven to be effective. In the case of Main Street, there was a property owner that had a sanitary sewer service subject to freezing because it was not insulated in the roadway. The property owner paid the cost of insulating the sanitary sewer service. On Prairie Street, the property owner has asked the City to pay the cost of insulating the private service line. Insulating the private service line would be against present City policy. However, the City could include the work in the main insulation and then assess the cost of insulating the service provided the property owner waived the hearings and appeal of the assessment. Detailed below is the estimated cost of insulating the City main and the cost of insulating a 4 inch sanitary sewer service: John K . Anderson September 3, 1982 T. Pumper Sanitary Sewer Service Page -2- Sanitary Sewer Main Item Estimated Estimated Estimated No. Description Quantity Unit Price Total 1 Reconstruct and Insulate 8" Sanitary Sewer 60 L. F. $ 35. 00 $2, 100.00 2 48" Diameter Manhole 1 Ea. 900. 00 900. 00 3 Patch First Avenue 1 L.S. 2,800. 00 2, 800. 00 Subtotal $5,800. 00 10 Percent Contingency 580. 00 TOTAL $6, 380.00 Sanitary Sewer Service Item Estimated Estimated Estimated No. Description Quantity Unit Price Total 1 Insulate 4" Sanitary Sewer Service 30 L. F. $15. 00 $ 450.00 2 Street Restoration 30 L.F. 5. 00 150. 00 Subtotal $ 600. 00 10 Percent Contingency 60.00 TOTAL $ 660. 00 The estimate of sanitary sewer main insulation is presented for informational purposes. That work has previously been authorized by City Council. In answer to Mr. Pumper's request, it is the recommendation of City staff that Mr. Pumper be advised the City does not participate in the cost of work on private sanitary sewer services. City Council could offer to include the sanitary sewer service insulation in the sanitary sewer main insulation work and assess that cost so long as Mr. Pumper would waive his rights to public hearing and appeal of the assessment. Action Requested : Authorize City staff to include sanitary sewer service insulation on Prairie Street in the City project so long as the property owners will waive their rights to public hearing and appeal of the special assessments. HRS/jvm 1 _ MEMO TO: John K. Anderson City Administrator ,-- FROM: H. R. Spurrier 40 City Engineer RE: Free Right Turn for Northbou d Trunk Highway 101 at 1st and Holmes DATE: September 7, 1982 Introduction: Attached is a request for proposal prepared for the above-captioned project. Background: City staff pursued the historic review of the building located at 1st and Holmes and found that it was necessary to prepare two reports; one a project development report and two, a location and design study report, pursuant to Mn/Dot State Aid Memoranda No. 77-20. The preparation of these two reports would be expedited by having a consultant more experienced in their preparation perform the work. Therefore, it is recommended that City staff contact several firms, much in the manner of the Infiltration/Inflow Analysis procedure and request proposals for the work. The content of the proposals is specified in the attached request. This request will be sent to several consultants specializing in highway work. The proposals will be returned to City Council for action at a later date. Action Requested: Direct City staff to distribute the request for proposals which are to be returned for Council action by October 5, 1982. IIRS/jvm Attachment REQUEST FOR PROPOSALS Introduction : The City of Shakopee is undertaking a project to improve and renovate downtown Shakopee. • Part of the improvement includes improved traffic flow and changing the focus of visitors. Problem : The City desires the installation of a free right turn for North bound Trunk Highway 101, at the junction of Trunk Highway 101 and Trunk Highway 169 in Shakopee. The City of Shakopee must condemn and remove the building located on the Northeast corner of the junction. The Minnesota Department of Transportation (Mn/DOT) will design and construct the free right turn. The building that must be removed is in the National Register of Historic Places. The City must fund this project with Federal Aid Urban (FAU) Funds. Duties of the Consultant: Prepare a Project Development Report (PDR) pursuant to Mn/DOT State Aid Memorandum No. 80-17-A-5 and the Location and Design Study Report (LDSR) , pursuant to Mn/DOT State Aid Memorandum No. 77-20 for the construction of a free right turn lane for North bound Trunk Highway 101 at the junction of Trunk Highway 169 in Shakopee. This construction will require the acquisition and demolition and disposal of a building included in the National Register of Historic Places, utilizing Federal Aid Urban Funds allocated to the City of Shakopee. Upon approval of the PDR/LDSR, prepare the necessary plans and specifications for site work and building demolition in accordance with Federal guidelines. The proposed project is a unique use of FAU Funds. The consultant must be familiar with FAU Projects, projects which involve buildings in the National Register of Historic Places and reports that must be prepared for the Minnesota Department of Transportation. Proposal Content: The proposal should contain the following materials or information : 1. The experience the firm has with Federal Aid Urban Projects, Minnesota Department of Transportation Projects and projects that impact buildings in the National Register of Historic Places. Request for Proposals Page Two 2. An estimate of the number of manhours to prepare the Project Development Report and the Location and Design Study Report and the plans and specifications for the demolition. 3. The qualifications of personnel that would perform the work. HRS/jiw / / / MEMO TO : John K. Anderson City Administrator 7 FROM : H. R . Spurrier c- City Engineer RE : Alley Maintenance between Holmes and Fuller Streets North of 10th Avenue DATE: September 3, 1982 Introduction : Mr. Bernard Baumann, 358 South Holmes Street, contacted City staff regarding the condition of the alley behind his residence. Background : Mr. Baumann has requested that the City regrade the alley so that the roadway is centered within alley right-of-way. Such regrading would require the trimming and removal of some obstructions that now exist along the alley right-of-way. Such work is ordinarily beyond the scope of routine maintenance since such work would be tantamount to reconstruction. Mr. Baumann advised staff that he would appear before Council to discuss this matter. HRS/jvm MEMO TO : John K. Anderson City Administrator �- FROM : H. R. Spurrier City Engineer RE : Turnback of Part of Trunk'Highway No. 5 Renumbered 169 to City of Shakopee DATE : September 3, 1982 Introduction : Attached is a letter addressed to the City Clerk and a Quit Claim Deed for part of Trunk Highway No. 5, Renumbered 169 to the City of Shakopee. Background : This highway right-of-way is actually Harrison Street between 2nd Avenue and 6th Avenue. The Quit Claim Deed transfers control of the right-of-way from the State of Minnesota to the City of Shakopee. The City has no choice but to accept the right-of-way. The reason there is such a difference between the time the conveyance was authorized and the submission of this Quit Claim Deed is not known, but City staff will research that matter and present it to Council on the table September 7th. It is the recommendation of City staff that Council authorize the City Clerk to properly record the attached Quit Claim Deed pursuant to the instructions on Release No. 63. Action Requested Authorize City Clerk to properly record the attached Quit Claim Deed pursuant to the instructions on Release No. 63 . HRS/jvm attachment "okri..NRA IF t Doi tio �1inn(•s��t<� AUG 3 1 1982 c 1 )('1 )i1x1111('111 01 TIilIP-J )Orlil1iO11 1rilnsi)Orlilli( )1 1�(1il( ii1i . CITY OF SHAKOPEE <ti 5Q° Si. 11-lul, Alinnc'sOtil 55155 rOF TPP August 27, 1982 PlIfm X12-2 -f967 Ms . Judith S. Cox City Clerk City Hall - 129 E. 1st Ave. Shakopee , MN 55379 In reply refer to: 360 S .P. 7009 (169=5) Turnback of a Part of Trunk Highway No. 5 Renumbered 169 to the City of Shakopee Release No . 63 Dear Ms . Cox : Pursuant to Minnesota Statutes 161 . 16 and 161 . 24 , the State of Minnesota has conveyed by a Quit Claim Deed , executed by Richard P. Braun, Commissioner of Transportation, a portion of the above referenced Highway No . 169 to the City of Shakopee; as shown as the shaded area on the attached right of way map and legally described in said deed . This conveyance was authorized for release June 25, 1958. It is vitally necessary to maintain and help perpetuate a proper and valid chain of title on behalf of the State as well as all adjoining land owners . We , therefore , request that you record this deed as soon as possible. Please have the enclosed TURNBACK RECORDING DATA form completed and return it to this office. If you require additional information, call Mr . Neal Bartelt, Office of Right of Way, or write this office. Sincerely, / A. J. Hansen, P. E. Office of Right of Way AJH:ssd Enc . RW00006404E An Equal Opportunity Employer 1 'CL) MEMO TO: John K. Anderson City Administrator FROM: H. R. Spurrie. City Engineer 11, RE: Turn Back Trunk Highway 5 Renumbered 169 DATE: September 7, 1982 Introduction: Pursuant to the memoranda dated September 3, 1982 I have contacted Mn/DOT regarding the above-captioned matter. Background: The Quit Claim Deed forwarded to the City Clerk as a part of Release No. 63 made June 25, 1958 completes a process of title transfer that takes approxi- mately 16 to 25 years, once the transfer has been approved. Recording the Quit Claim Deed is simply a formality that represents the last step of the process. HRS/jvm SII I 2j) MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Authorizing Hiring of Police Administrative Assistant DATE: September 2 , 1982 The present Police Administrative Assistant has submitted a resigna- tion effective October 1 , 1982 . ( See attached) Request Council authorize the filling of the position. The position is a full time , permanent budgeted position. It is the desire of the Police Chief and the City Administrator to change the title of this position from Police Administrative Assistant to Secretary. Action Requested Move to accept the resignation of Diane M. Heinz and to authorize filling of the Police Secretary, clerical level V. JSC/jms attachment August 26 , 1982 • Thomas G. Brownell Chief of Police Shakopee, Minnesota Dear Tom: I have an opportunity to acquire a second court reporter for transcript typing and have decided to accept . Therefore , I am submitting my resignation to be effective October 1 , 1982 . Respectfully, >)1 Diane M. Heinz c1982 CITY Cyt- S1. AKOPEE MEMO TO: John K. Anderson, City Administrator FROM: Gregg M. Voxland, Finance Director RE: Senior Accounting Clerk Position DATE: September 2, 1982 • Introduction Council has previously authorized the filling of the vacant, authorized and budgeted Senior Accounting Clerk position. Background Staff has followed the hiring procedure outlined in the Personnel Policy. There were no applications received from current employees. There were thirty-six applications received from non-employees. These were screened on the basis of education/training and experience. Seven applicants were interviewed. Staff is recommending that Council appoint Marilyn Remer (resume attached) to the position of Senior Accounting Clerk at a starting wage of $5.87 per hour (six months service credit) effective September 9, 1982. Alternatives 1. Appoint Ms. Remer as recommended. 2. Modify recommendation. 3. Give staff directions to proceed in some other manner. Action Requested Move to hire Marilyn Remer with six months service credit at a starting rate of $5.87 per hour effective September 9, 1982. GMV/jms -QGtYI'7e i'11 5 — �!P�!1 ca71-i D 1C1°1 ae2►m G�'' 5 �Gt r1 e Q 5 ra+ as c. .a+t /2 -- MEMO TO: City Council FROM: Don Steger/City Planner RE: Appointment to Ad Hoc Downtown Committee DATE : September. 3 , 1982 Background : A year ago, Kay Benson who represented St . Francis on the Ad Hoc Downtown Committee , resigned from the Committee. Dan Steil , Chairman of the Committee , has now found a replacement ( see attached letter) . He is requesting the City Council to appoint Mike Sortum to the Ad Hoc Downtown Committee . Requested Action : Move to appoint Mike Sortum to the Ad Hoc Downtown Committee . DS : cu Attachment PHONE 612-445-6300 "/ FIR NATIONAL BANK OF' SHAKOPEE SHAKOPEE, MINNESOTA 55379L MEMBER FEDERAL DEPOSIT CORPORATION September 2, 1982 5�,�. 3 1 j'L Mr. Don Steger City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 Dear Mr. Steger: Through contact with St. Francis Hospital , Mr. Mike Sortum the Director of Fiscal Services at St . Francis Hospotal has been proposed for member— ship on the Ad—Hoc downtown developement committee. Please have the City Council act on the appointment of Mr. Sortum to the committee at their meeting on September 7, 1982. Thank you very much. I Sincerely, 1 7/'---A-x•—•-PV Daniel G. Steil Chairman — Ad—Hoc Downtown Committee DGS/mr i /3 ,L MEMO TO: John K. Anderson, City Administrator FROM: Gregg M. Voxland , Finance Director RE: Selection of Auditors DATE: September 2 , 1982 Introduction It is time for Council to select an auditor for fiscal year 1982 . Background The City of Shakopee has had the firm of Jaspers & Company as auditors for about twenty years . The firm has had the same individual on the audit for about seven years . Last year staff recommended Council consider changing auditors . Staff again feels that Council should consider changing auditors in order to insure independence and to gain the benefits of an auditor who has worked for other cities and has different experiences and also a fresh view point on Shakopee ' s operation. Most audit firms that have sufficient staff rotate the individuals on the job and many cities have a policy of changing auditors every 3-5 years to provide the rotation. Staff believes that it is good accounting practices to provide rotation of auditors on the job. Alternatives 1 . Request proposal from Jaspers . 2 . Request proposal from Jaspers and other qualified accounting firms . Recommendation Staff recommends alternative No. 2 . This recommendation is not intended to reflect negatively on Jaspers & Company. Action Requested Move to direct staff to solicit proposals for the 1982 audit from several audit firms including Jaspers & Company. GMV/jms To The City Council : The First Presbyterian Church of the City of Shakopee , Minn . , will be in the process of completing our Church by adding the Bell Tower . This was in our orginal plans when we built in 1966 , but we had to place it on hold until we could reduce our debt . We now have a low bid of $43,000 .00 and we are asking that the City wave the building permit fees on this project so that we can start as soon as possible . First Presbyterian Church By : Russell No in