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HomeMy WebLinkAbout01/06/1981 LTENTATIVE AGENDA REGULAR' SESSION SHAKOPEE, MINNESOTA JANUARY 6, 1981 Mayor Harbeck presiding 1 ] Roll Call at 7 : 30 P.M. 2 ] Approval of Minutes of December 16, 1980 3 ] Communications : a] Minnesota Building Movers Association re : placement of T.V. cables b] N. S . P. re : the proposed 1989 Metro unit c ] Craftmaster Homes , Inc . re : 4th Ave . watermain 4] Liaison Reports from Councilmembers : a] Cncl . Colligan from the Fire Dep ' t . ; Jt . Seven Man Committee and the Planning Commission b] Cncl .Hullander c ] Cncl .Lebens from the Community Services Board d ] Cncl .Leroux from the Shakopee School Board e] Cncl .Reinke from the Shakopee Public Utilities Commission f ] Mayor Harbeck from Scott County Board of Commissioners 5 ] RECOGNITION BY THE CITY COUNCIL OF ANYONE PRESENT IN THE AUDIENCE WHO DESIRES TO SPEAK ON ANY ITEM NOT ON THE AGENDA 6 ] Old Business : a] Lease for copier - Res . No . 1766 b] VIP Sewer Interceptor c ] 1980 Census Results d] Farm Leases aa] Res . 1756, lease w/Wm Hauer - tbld 12/16 bb] Res . 1757 , lease w/N. Theis - never offered e ] Purchase of Land for Parking Lot - (Block 30, OSP) f ] Sanitary Sewer in Main St . No . of 1st (Dorothy Egan sewer problem) 7 ] Planning Commission Recommendations : 8] Routine Resolutions and Ordinances : a] Res . No . 1758 , Appointing A City Clerk and A Deputy City Clerk b] Res . No . 1768 , Designating Official Depositories of City Funds c ] Res . No . 1771 , Accepting Resignation of George W. Johnson d] Res . No . 1770, Amending Res . No . 1521 Designating A Director and An Alternate Director To The Suburban Police Recruitment System e ] Res . No . 1777 , Restricting Use of the Basement in; the Pearson Florist Building f ] Res . No . 1769 , Setting Forth The Use of Park Fees g] Res . No . 1772 , Amending Res . No . 1600, Establishing The Ad Hoc Cable Communications Committee h] Res . No . 1767 , Setting Garbage Fees i ] Res . No. 1773, Final Approval of $490,000 I .R. Bonds for J & B Enterprises j] Res . No . 1774, Preliminary Approval of $9, 120,000 I .R. Bonds for St . Francis Hospital k] Res . No. 1775 , Preliminary Approval of $600,000 I .R. Bonds for S & W Realty 9] New Business : a] 8 : 15 P.M. PUBLIC HEARING - Proposed Assessment for Ed Siebenaler Property Res . No . 1779, Adopting Assessment for Ed Siebenaler Property b] 8 : 30 P .M. PUBLIC HEARING - Vacation of drainage and utility easement in Mn. Valley 3rd Addition Res . No. 1780, Vacating Drainage and Utility Easements c ] 8 : 35 P .M. - Consideration of applications for pool table licenses for 1981 TENTATIVE AGENDA January 6 , 1980 Page -2- d] 8 :45 P.M. - Consideration of application for On Sale and Sunday Intoxicating Liquor Licenses for Empire Vending & Music Co . , Inc . e ] House of Hoy Inc . - Approval of new stockholder , W. J. Wilinski f] Bingo and Gambling License Applications from American Legion g] Designation of Official Newspaper h] Authorize Payment for Tank for New Fire Truck i ] Model Main Street Program j ] Sale of Ambulance Leased to St . Francis Hospital k] Contract for Electrical Inspection Services 1 ] Personnel - Assessing Department m] Appointment to the Sewer Service Area Advisory Boards n] Acquisition O' Dowd Lake Islands From Federal Government o] East View Development p] Comprehensive Development Plan q] Appointments to Industrial and Commercial Development Commission Z r] Election of An Acting Mayor s ] Appointment to Planning Commission 10] Consent Business : 11 ] Other Business : a] Liaison Appointments - Mayor Harbeck would like to discuss b] Non-agenda and Informational Items - The Admr. would like to discuss c ] Improvement of Bluff Avenue - Dakota to W line of Halo 1st d] e ] 12 ] Adjourn to Tuesday, January 20th at 7 : 30 P.M. John K. Anderson City Administrator / TENTATIVE AGENDA SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY Annual Meeting January 6 , 1981 Chairman Hullander presiding 1 . Roll call at 7 :00 P .M . 2 . Approve minutes of November 5 , November 18 , November 24 , and December 2 , 1980. 3 . Elderly Highrise : status report . 4 . Fourth and Minnesota Neighborhood Revitalization Project a . Closings under the 235 Homeownership Program b . Selection of auditor c . Landscaping d . Release of contract 5 . Payment of bills 6 . Election of officers 7 . Other business 8 . Adjourn Jeanne Andre HRA Director SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 5, 1980 Chrm. Hullander called the meeting to order at 7:00 p.m. with Comm. Lebens, Reinke and Colligan present. Comm. LeRoux was absent. Also present were City Attorney Julius Coller; Finance Director Gregg Voxland; Mayor Harbeck; City Engineer H. R. Spurrier and HRA Director Jeanne Andre. Colligan/Reinke moved to approve the minutes of October 7, 1980 as kept. Motion carried unanimously. The HRA Director presented alternatives for disposing of the property of Outlot B, Macey Second Addition. It was recommended by the City Attorney that they let the matter stand without action until after February 5, 1981. The HRA voiced general agreement to deeding the land over to Mr. Werner. The HRA Director presented several options regarding the movement of utility poles in the plat oCMacey Second Addition. Discussion was held regarding the cost of $9,225.00 to move the line and that these funds would be cut from other areas of the budget. Therefore, it was recommended to postpone moving the poles and post- pone development of Lot 3, Block 3 (and possibly Lot 4, Block 3) at the current time until Outlot A is developed. A determination could then be made as to whether the poles should be moved to tenefit development of all of these parcels. The HRA Director presented a review of the program budget for 1973 CDBG. Comm. Reinke asked if the final audit must be separate from the general HRA audit, and was answered "yes." Chrm. Hullander asked if the sod and landscaping is only for the lots which are developed, and was answered by the HRA Director that she would like authorization to just do the lots that are developed now. Chrm. Hullander requested staff to make sure there is enough black dirt available so all the lots are pretty ready for landscaping. Lebens/Reinke moved to authorize staff to procure sod and landscaping for lots in Macey Second Addition to a maximum of $7,000.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Engineer presented the subject of the pedestrian crosswalk for the Senior Citizens Highrise. Chrm. Hullander recommended having the State Department of Transportation prepare plans and specifications for the pedestrian crossing. Comm. Colligan and Reinke expressed concern that we should look further into the purchase of property or condemnation proceedings for the approach to the crosswalk to assure where the crossing will be located, and only after that commission the plans and specifications for the crossing. Claude Sinnen was present in the audience and stated he couldn't understand why a crosswalk was wanted in the middle of the block. He stated there already was a problem crossing at Fuller and Holmes. He was concerned that Fuller would be blocked all the time, and also wanted information on whether or not parking would be allowed on First Avenue in that block. SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY - NOVEMBER 5, 1980 Page 2 Chrm. Hullander explained that the State would not allow a stop light and cross- ing at Fuller and it was a State requirement that there be no parking on First Avenue if the crosswalk was mid-block there. He then asked for further comments from the audience regarding the proposed Senior Citizen Highrise crosswalk. Several others in the audience expressed their dissatisfaction over the stipula- tion that there be no parking on First Avenue. Comm. Reinke asked if Lot 3 was purchased, if a parking lot could be made of the excess which wouldn't be needed for the approach for the crosswalk. Chrm. Hullan- der stated that no way could HRA provide parking. Comm. Reinke stated that they had a responsibility to those whose parking is eliminated. Mr. Sinnen stated that some of the homes there had no driveways. Ms. Sinnen expressed her dissatisfaction with the lack of noti- fication that the homeowners received regarding the regulations of the crosswalk. She also stated she wished to be informed if the HRA has any plans regarding her property, located next to the home they intend to buy. Pat O'Connor asked why they had to have a crosswalk in the middle of the block. Chrm. Hullander replied that the State would not allow them to put the crosswalk at the intersection of Fuller and First because there wasn't enough room between Fuller and the Holmes intersection. The City Engineer added that there was not 300 feet from the intersection of First and Holmes, and if the crosswalk was there they would have to close Fuller to two-way traffic, not allowing exits from Fuller to First. He stated he contacted three businesses which would be affected and they stated that would interfere with their business too adversly, and so that alternative was abandoned. Pat O'Connor stated that it was working a hardship on the employees and customers of the block to take away their parking. Someone in the audience asked why the crosswalk could not be at Atwood. Pat O'Connor requested a "Yield Right of Way to Pedestrians" sign. Dave Dennison spoke from the audience as a landowner. He stated it was a bad location for the highrise and that everyone should be notified of action, not just businesses. He expressed his concern that the center island for the crosswalk would cut off a lot of the highway and therefore the traffic, and especially the semis, would be passing so close to the homes that it would just shake the houses. Mayor Harbeck said his personal opinion is that the crosswalk in the center of the block is the most dangerous situation there can be. It would be better to make the residents of the highrise walk another half block than to cut off parking for the people of the block. He would recommend more study before making a deci- sion for the mid-block 'crossing. Chrm. Hullander stated the crossing at the intersection of Fuller and First Avenue is out. The study recommended the mid-block crossing as the next best alternative. He asked the City Engineer if the State would sanction the crossing at Atwood since it would not be coming directly from the Highrise. The City Engineer stated it was rejected originally. The State traffic engineer overlookedthe warrants at mid-block, but it was the only place they would. The next thing to do would be to formally request waiver of specific guidelines the State has to follow. Seldom is any variance made. SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY • NOVEMBER 5, 1980 Page 3 Mayor Harbeck stated that he personally would be more than happy to speak to Mr. Braun at the State Dept. of Transportation. Chrm. Hullander requested him to do so. Chrm. Hullander recommended they table the matter until Mayor Harbeck can speak to the people at the State concerning the Atwood Street crossing. Mr. Dennison stated he would appreciate being notified of any information received. He also asked about what happened to the idea of the overhead walkway, Chrm. Hullander responded that it would cost in excess of $200,000.00, so it was not financially feasible. He asked if the crosswalk was at the Atwood inter- section, would parking still be eliminated on First Avenue. He directed the City Engineer to research this and get back to them at the next meeting. Mrs. Halgren spoke up stating that a real estate agency would not even take her house for listing if there was no parking on First. Chrm. Hullander requested the HRA Director to get the names and addresses of those persons in the audience who were interested in being further informed of these proceedin gs. The HRA budget was presented by Gregg Voxland. He recommended that Jeanne Andre's entire salary be picked up by HRA for budget purposes. Time keeping would still be done by staff and the funds would be charged from the applicable budgets and departments. Lebens/Colligan offered Resolution No. 80-23, a Resolution Adopting a Tentative General Fund Budget for 1981 and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to authorize the payment of $4.90 to Miller Davis for legal forms, and the payment of $1448.00 to the Shakopee Public Utilities Commission for installation of underground electrical service in Macey Second Addition. Roll Call: Ayes; Unanimous Noes; None Motion carried. HRA Director stated she had received a call from Goodwin Builders questioning whether or not they should build the fourth unit for the Fourth and Minnesota project. Goodwin Builders have stated they do not want to build the unit and have it vacant for 6 months or until the project would be reinstated. They, however, would be willing to build the fourth unit and hold it for a one month time period after its completion. Reinke/Colligan moved to wait unit funding is once again available for additional units to be built for the Fourth and Minnesota Project. Motion carried unani- mously. Chrm. Hullander directed HRA Director to present to the HRA at the next meeting any bills that are pre-committed to Goodwin Builders. This might include the FHA appraisal costs. Colligan/Reinke moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:15 p.m. Jeanne Andre HRA Director Diane S. Beuch Jane Wostrel Recording Secretary Editing Secretary PROCEEDINGS OF THE SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY SACIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 18, 1980 Chrm. Hullander called the meeting to order at 7:05 p.m. with Comm. Reinke, Lebens and Colligan present. Comm. Leroux was absent. Also present were HRA Director Jeanne Andre; Assistant City Attorney, Rod Krass; .:ayor tiarbeck;City Engineer, H.R. Spurrier and Acting City Administrator Tom Brownell. Colligan/Reinke moved to accept the special meeting call. Motion carried unanimously. Colligan/Reinke moved to approve the minutes of the Adjourned Regular Session of October 14, 1980 as kept. Motion carried unanimously. Chrm. Hullander reported on a discussion he had had with Gary Goodwin on construc- tion of a fourth duplex on Lots 1 and 2, Block 3 of Macey Second Addition. He summarized that at the last meeting we stated we would go along with whatever the contract stated in terms of the time Goodwin would be required to hold the lot before the HRA would take it over. Gary Goodwin spoke up from the audience stating that he just didn't know if he should go ahead with the construction or not. Would any other financing be available for sale of the units if the 235 funds are still frozen. The HRA Director said she had asked HUD if the unit could be sold on the open mar- ket if we built it and 235 financing was not available, but she hasn't received an answer. They should make a determination by the end of December. Comm. Reinke asked if we are in a position with HRA funding to assume ownership of the unit until it is taken care of through 235? The Director answered it would take all our money, but we probably could do it. Comm. Reinke asked if we changed the time limit from 6 months to 90 days, would that be a practical solution? The HRA Director will check on the exact amount of funds, and report back. Gary Goodwin will check with his subcontractors if that would be satisfactory. The problems of grading and fill on the lots was discussed, with Gary Goodwin stat- ing that it was his understanding the city would provide fill and after repeated requests, he finally got some, but needs approximately 500-600 yards more, both fill and black dirt. The City Engineer stated that they shot the elevation of rear of lot and foundation, and based on the recommended elevation for garage slab, they are slightly higher than recommended. That, coupled with the position of the swale, and not much exca- vation on the site to generate fill, the site is requiring more fill than originally anticipated. SHAKOPEE HRA November 18, 1980 Page 2 Chrm. Hullander asked if we could set a time limit on the delivery of the fill. The City Engineer stated he wanted to give the original contractor an opportunity to earn matey for moving the dirt, but apparently the contractor doesn't want to move it, therefore we will take the money withheld for this work and have our own forces do it. The HRA Director stated the contractor was contacted about it and he said he would move the dirt last Friday or Saturday. Comm. Reinke stated the contractor called him and was concerned with the money being withheld when he thought he had completed the contract. Last year when his equip- ment was on the job he wanted to do it, but was told not to. Now it will cost him more money to do the same job. The City Engineer replied that he realized that, and that is why they now expect him to spread only a fraction of the amount of dirt. Chrm. Hullander stated the staff has been in touch with him weeks ago about the dirt moving and it seems he just doesn't want to do it. If the job isn't done by this Friday noon, our staff will do it in the afternoon. Lebens/Colligan moved to authorize the appropriate HRA officials to make, execute and deliver a deed to Lot 3, Block 2, Macey Second Addition to Joseph M. Miller Development, Inc. in accordance with a contract for deed between Joseph M. Mille' Development, Inc. and the Shakopee Housing and Redevelopment Authority for the purpose of conveying said property to authorized buyer identified by the HRA. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to authorize appropriate HRA officials to make, execute and deliver a deed to Lot 4, Block 2, Macey Second Addition to Joseph M. filler Develop- ment, Inc. in accordance with contract for deed between Joseph M. Miller Develop- ment, Inc. and the Shakopee Housing and Redevelopment Authority, for the purpose of conveying said property to authorized buyer identified by the HRA. Roll Call: Ayes; Unaninous Noes; None Motion carried. Mayor Harbeck reported on his meeting with Minnesota Department of Transportation regarding the crossing for the Senior Citizen's Highrise. He said Commissioner Braun could see no problem with having signalization at Atwood and First and the traffic engineer would get back to him. The traffic engineer did have some ques- tions about it, so Mayor Harbeck got in touch with the Fifth District Engineer, Mr. William Crawford, and he said he saw no problem with warrants. In response to questions from the audience, Mayor. Harbeck stated there would be no center island at that crossing and there would be no problem with parking on First. Mayor Harbeck said the sidewalk on Atwood and down Levee Drive would have to be a part of the project, and the Commissioners should decide where and how much side- walk is going in. SHAKOPEE HRA November 18, 1980 Page 3 A discussion was held regarding the parking spaces for the highrise residents and parking spaces in the municipal lot, and the possibility of issuing stickers. Mayor Harbeck suggested that each resident receive one sticker, and that they would not include trailers, etc. , and also that after 2-3 months the parking spaces should be checked to be sure they are being utilized. And also that the stickers would be good for 24 hours, but during the winter the vehicles would have to be moved for snow plowing. Colligan/Lebens moved to authorize payment of the following bills: $ 30.00 to VanKlug and Associates, for September professional services for relocation elderly highrise tax-increment district 135.00 to Tom Siebenaler Sodding and Excavating, for sod for 467 - 469 Minnesota Street 1.40 to Scott County Recorder, for copies of Macey Second Addition I Covenants 25.00 to Jeanne Andre, for attendance at a workshop on Housing and Community Development Colligan/Lebens moved to refund $475.00 to Joseph M. Miller Construction, Inc. for the cost of a $95,000 bond for constructions at 467 and 469 Minnesota Street, cost to be added on to the cost of the homes at closing. Motion carried unanimously. Colligan/Lebens moved to adjourn. Meeting adjourned at 8:00 p.m. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary 1 3 OFFICIAL PROCEEDINGS OF HOUSING AND REDEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA SPECIAL SESSION NOVEMBER 24 , 1980 Chrm . Hullander called the meeting to order at 5 : 30 P .M. with Commissioners Lebens , Colligan , and Reinke present . Comm. Leroux arrived late . Also present were Mayor Harbeck, HRA Director Jeanne Andre , Ass ' t . City Attorney Rod Krass , Acting Admr . Tom Brownell and Finance Director Gregg Voxland . Chrm. Hullander reported on letters received from U .S . Senator Dave Durenberger and U.S . Representative Tom Hagedorn in response to Shakopee ' s concern over the freeze on funds for the 235 Homeownership Program . Chrm . Hullander introduced Linda Henning from the local HUD office who explained her job and the current status of the freeze on funds for the 235 Homeownership Program. Comm . Leroux entered and took his seat at 5 : 33 P .M . Discussion ensued on the current dilemma in which the HRA is under contract with Mr . Goodwin of Goodwin Builders to build a two family dwelling , but the freeze on 235 funds makes it impossible for the two prospective owners to purchase the homes . Mr . Goodwin is asking the HRA to rewrite the contract so that the HRA would guarantee to purchase the homes within three months , if the homes are not sold under the low and moderate income requirements . Ms . Henning assured the Commission that if the freeze is not lifted , her office would allow the HRA to sell the homes on the open market , and that she would send a letter so stating to our HRA Director . Members of the Commission concurred to rewrite and enter into a new contract with Goodwin Builders which would allow the two homes to be sold on the open market , if the 235 program is not reinstated . Lebens/Leroux moved that staff be directed to draft a proposed con- tract for Goodwin Builders for the Commission ' s consideration at the next meeting for Lots 1 & 2 , Block 3 , Macey 2nd Addition . Motion carried unanimously . The HRA Director reported that the City Public Works Dept . had dumped 20 loads of dirt on the Goodwin site (Lots 5 through 10, Block 2 , Macey 2nd Addition) last Friday and that Mr . Goodwin is requesting more dirt . Discussion followed . Leroux/Reinke moved that the HRA hereby requests the City to move 30 single axle truck loads of dirt across the street . Motion carried unanimously . The HRA Director reported that the ceiling mounted hood bid for the congregate dining kitchen will not fit because there is insufficient room in which to hang the hood and explained that there would be an additional cost to change the order to a back-mounted hood . Official Proceedings of Housing and Redevelopment Authority Page -2- November 24, 1980 The HRA Director was directed to contact the successful bidder and instruct him to design a ceiling mounted hood that will fit and conform to his bid , with the assistance of the design engineers for the building , who have indicated that a ceiling mounted hood can be installed . Leroux/Colligan moved to adjourn at 6 :44 P .M . Jeanne Andre HRA Director Judith S . Cox Recording Secretary a PROCEEDINGS OF THE SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 2, 1980 Chrm. Hullander called the meeting to order at 7:00 p.m. Present were Comm. Colligan, Lebens, Reinke and Leroux. Also present were the MRA Director, Jeanne Andre; Finance Director Gregg Voxland; City Attorney Julius Coller; Acting City Administrator Tom Brownell and City Engineer H. R. Spurrier. Chrm. Hullander read the letter received from Minnesota Department of Transporta- tion regarding the pedestrian signal system for the senior citizen's highrise . He noted that the Highway Department will waive at this time the requirement that we have an easement for a walkway to the crossing. He was concerned with the require- ment of the parking restrictions for the proposed mid-block crossing, restricting parking for 1/2 block in front of and 20 feet past the crossing. The Commissioners were brought up to date on the communications which had occurred since the last meeting, at which time it appeared the crossing at Atwood would be approved. Apparently the MDOT staff would not go along with Mr. Braun's recommenda- tions about Atwood. This is absolutely the best we can get out of MDOT. A lengihly discussion ensued by Commissioners and audience about the rationale and alternatives of this decision. The HRA Director pointed out that there were 8 dif- ferent warrants to be met to have a signal, and we could not meet them at Atwood, basically because there is not enough vehicular traffic. The minimum is 80 vehicles per hour within an 8 hour period, and we have about 60. Claude Sinnen from the audience stated he just could not understand having a mid- block crossing, as the traffic was not going to stop for it. In his extensive tra- vels, he has not seen a mid-block crossing. Dr. warren Hallgren asked for clarification on the reason they would approve a mid- block crossing. The HRA Director answered that it didn't need any warrants as it controlled only pedestrians, not vehicles. Lucy Rein expressed her concern about the restriction on parking before the cross- walk, when there is no restriction on parking further down. MaryLou O'Connor wanted clarification on the other warrants. The City Engineer answered with a list of the warrants, none of which will be met at the intersection of Atwood and First Avenue. The mid-block crossing is permitted because the pedestrians have the right-of-way anyway, and they are not restricting traffic anymore than it would be without a signal. Claude Sinnen asked if it would be possible to go to the Legislature to get an exception. It was replied it would be possible. The Commissioners each stated their current position on the issue. Comm. Reinke said if the choice is to accept this offer from MDOT or do nothing, lets do nothing on this crossing and expedite the construction on Levee Drive. SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY DECEMBER 2, 1980 Page 2 Comm. Leroux stated he would not feel comfortable with a mid-block crossing, but still recognizes the need for a signal for the handicapped and those who need more time for crossing. Comm. Colligan said he couldn't see the mid-block crossing. He thought we should pursue public transportation to move people. He would rather delay this crossing and research it more. Comm. Lebens concurred. Chrm. Hullander suggested we contact Rees and Schmidt and have them go to the Legis- lature asking for a crossing at Atwood or Fuller and get crossing by Legislative action, and at the same time pursue public transportation and construction of Levee Drive. Hullander/Lebens moved to table any action on mid-block or any crossing on First Avenue with exception of encouraging our Legislators to pass a special bill for Shakopee. Motion carried unanimously. The HRA Director informed the Commissioners that the community room and kitchen were supposed to be finished by December 1, 1980, but are not. Therefore, it is unlikely there will be an open house before Christmas. ' Leroux/Colligan moved to authorize appropriate HRA officials to make, execute and deliver a deed to Lot 7, Block 2, Macey Second Addition, 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 con- veying said property to authorized buyer identified by HRA. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved to authorize appropriate HRA officials to make, execute and deliver a deed to Lot 8, Block 2, Macey Second Addition, 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 con- veying said property to authorized buyer identified by HRA. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Colligan moved to authorize appropriate HRA officials to make, execute and deliver a deed to Lot 9, Block 2, Macey Second Addition, 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 con- veying said property to authorized buyer identified by HRA. Roll Call: Ayes; Unanimous Noes; None motion carried. Colligan/Leroux moved to authorize appropriate HRA officials to make, execute and deliver a deed to Lot 10, Block 2, Macey Second Addition, 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. Roll Call: Ayes; Unanimous Noes; None Motion carried. SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY DECEMBER 2, 1980 Page 3 Leroux/Colligan moved to authorize appropriate HRA officials to grant an easement to Eldon and Muriel Barnard in Lot 7, Block 2, Macey Second Addition for the right to dig, install, maintain, repair, use, enlarge, modify and service installations installed therein, for the benefit of Lot 8, Block 2, Macey Second Addition. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to authorize appropriate HRA officials to grant an easement to Scott and Judith Gratz in Lot 10, Block 2, Macey Second Addition for the right to dig, install, maintain, repair, use, enlarge, modify and service installations installed therein for the benefit of Lot 9, Block 2, Macey Second Addition. Roll Call: Ayes; Unanimous Noes; None Motion carried. A letter from Senator Rudy Boschwitz regarding the HUD Section 235 funding was briefly commented and acknowledged. The HRA Director informed the Commissioners that Gary Goddwin does not want to proceed under the conditions outlined at the last meeting regarding the Section 235 construction, therefore the Ass't City Attorney suggested we cancel the contract. Colligan/Lebens moved to direct the legal staff to draw up a release of contract with Goodwin Builders, Inc. and Miller Construction. Motion carried unanimously. Leroux/Le,bens moved to authorize the payment of bills as presented, which are: $ 67.79 to Von Klug and Associates for relocation services for the elderly highrise tax-i.ncremenL district 426.00 to Suburban Engineering for mortgage loan surveys and certificates, Lots 3,4,5,6,7,8,9 & 10, Block 2, 1:acey Second Addition 291.09 to Richard Hullander for expenses re National NAHRO conference, July 1980 25.00 to Minnesota HAHRO for individual membership for Jeanne Andre Roll Call: Ayes; Lebens, Reinke, Leroux Noes; Colligan Abstain; Hullander Motion carried. Colligan/Lebens moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:50 p.m. Jeanne Andre Executive HRA Director Diane S. Beuch Recording Secretary MEMO TO : Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE : Payment of Bill to Barton-Aschman Associates , Inc . DATE : December 22 , 1980 Introduction The HRA hired Barton-Aschman Associates to conduct a study of the pedestrian crossing for the new elderly highrise in Shakopee . This work has now been billed to the HRA . Background The original quote from Barton-Aschman for their work on the pedestrian crossing was worded as follows : "Based upon our experience in studies of this type , we estimate that the above stated listing of work tasks can be completed for a cost of $1 ,000.00. We would not exceed that cost without receiving prior authorization from you . " The firm has successfully completed the project and has billed the HRA $1 ,443 . 78 . The explanation for this higher bill is that "additional expendi- tures were necessitated to complete the study within the one- week time allocated to complete the project . " Mr . Mullen (Vice President) explained that their computer system only provides labor data every two weeks . Since this job was completed in a one-week period , the job was over before the data informed them of the projected overrun . He did also indicate that they would abide by the contract terms for a $1000.00 fee if so authorized by the HRA. Their intent was to keep the HRA informed of the actual cost and accept the terms under which the HRA chooses to proceed . Alternatives The alternatives are payment of the original contracted amount of $1 ,000.00, the invoice amount of $1 ,443 . 78 , or some amount between these two figures . Recommendation and Suggested Action I recommend that the HRA authorize payment of the original contracted amount of $1 ,000 .00 to Barton-Aschman Associates for consultant services for a study of the pedestrian crossing for the new elderly highrise , funds to come from the tax- increment protect for the highrise . I make this recommendation because the original proposal indicated that Barton-Aschman could produce a report four days after authorization by the HRA . Therefore the terms requested by the HRA (provision of a report within five days) did not change the terms of the original proposal . Cost overruns can be assumed to come from an estimating error by Barton-Aschman rather than by any change in terms introduced by the HRA. JA/jms //(2/ MEMO TO : Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE : Closings Under the 235 Homeownership Program Fourth and Minnesota Neighborhood Revitalization Project DATE : December 31 , 1980 Goodwin Builders expects to be ready to close on the two units still under construction in Macey Second Addition at the end of January. The units are : Lot 5 , Block 2 , to be purchased by Jay and Penny Skare , if funds are released for 235 financing . Lot 6 , Block 2 , to be purchased by John and Cynthia Bollig. The units are not yet complete , but will be before staff arranges for the execution of the deeds . In addition it may be necessary for the HRA to grant an easement to provide the owners of one of the lots access to their individual water and sewer services . The following motions should be adopted by the HRA to prepare for the closings : 1 . Authorize appropriate HRA officials to make , execute and deliver deed to Lot 5 , Block 2 , Macey Second Addition , 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. 2 . Authorize appropriate HRA officials to make , execute and deliver deed to Lot 6 , Block 2 , Macey Second Addition , 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. 3 . Authorize appropriate HRA officials to grant an easement to Jay and Penny Skare in Lot 6 , Block 2 , Macey Second Addition for the right to dig, install , maintain, repair , use , enlarge , modify, and service installations installed therein , for the benefit of Lot 5 , Block 2 , Macey Second Addition . JA/jms 2/ Z5 MEMO TO : Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM : Jeanne Andre , Executive Director RE : Selection of Auditor for 1978 Community Development Block Grant DATE : December 22 , 1980 Introduction Staff have solicited proposals for the audit of the 1978 Community Development Block Grant (Fourth and Minnesota Neighborhood Revitali- zation Project) . Background The Department of Housing and Urban Development (HUD) requires an audit of all block grants after two years or at the close of the project , whichever comes first . Staff requested proposals from three auditors . Two of the auditors declined to present proposals , Jerome Jaspers & Company submitted a proposal to perform the work at a cost of $3 ,000 to $3 , 600 , "provided that all requirements have been adhered to and the necessary data will be available for the examination . " The City Finance Director has informed me that not many firms are willing or experienced in performing compliance audits as required by HUD . Based on his experience with quotes for City audit work, Jerome Jaspers is competitive and qualified to do the work. Alternatives The HRA can accept the audit proposal of Jerome Jaspers and Company or solicit further quotations . Recommendation and Suggested Action The HRA authorize the selection of Jerome Jaspers to perform the audit for the 1978 Community Development Block Grant , at a cost not to exceed $3 , 600 .00 without prior authorization . JA/jms MEMO TO : Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE : Landscaping for Fourth and Minnesota Neighborhood Revitalization Project DATE : December 19 , 1980 Introduction At its November 5 , 1980 meeting , the HRA authorized staff to provide up to $7 ,000.00 in landscaping for the Fourth and Minnesota Neighborhood Revitalization Project . Due to several problems which have since ensued , this issue must be discussed once more by the HRA. Background A condition of final subdivision approval by FHA for Macey Second Addition was the provision of one boulevard tree for each lot . As the HUD Community Development Block Grant Repre- sentative had already suggested landscaping as an eligible project cost , the HRA Executive Director assured FHA subdivisions that the trees would be provided . With HRA approval quotes were solicited for the provision of trees and shrubbery for the lots under construction the fall of 1980 . However land- scaping is only an eligible cost prior to transfer of the prop- erty into private hands . Final fill and grading for most of the lots came just as the ground froze , therefore the land- scaping planned for lots 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 and 10, Block 2 Macey Second Addition could not be installed prior to transfer to the buyers . Now the HRA must determine if landscaping for these lots should still be undertaken , and how the FHA subdivision for boulevard trees will be met . Quotes for landscaping were provided by Minnesota Valley Land- scaping and Al ' s Landscaping and Nursery . The quote of S1 , 749 . 35 by Al ' s Landscaping was accepted and Mr. Landowski was waiting for the final grading for installation of the trees and shrubbery . Since Mr . Landowski was unable to install the landscaping in the fall of 1980, he has asked to postpone the work, at the same price , until the spring of 1981 . I do not want to accept this proposal without a determination of how payment for this work will be made . Alternatives Alternatives to be considered include both the extent of land- scaping to be undertaken and the manner in which it will be paid . A. Extent of Landscaping 1 . Do no landscaping. 2 . Provide only boulevard trees ( S449 . 75 from Al ' s Landscaping) . 3 . Provide $1 , 749 . 35 in landscaping proposed by Al ' s Land- scaping) . B . Payment for Landscaping 1 . The HRA can pay for whatever landscaping is undertaken with monies from the General Fund . 2 . The HRA can try and find other eligible project costs budgeted from the general fund to submit for block grant reimbursement (eg . NAHRO conferences and membership) as an alternative to the landscaping costs . Recommendation The HRA authorize the full package of landscaping proposed by Al ' s Landscaping to be undertaken , with payment to be made from the HRA General Fund . To the extent possible , compensating eligible project costs budgeted to the General Fund will be charged to the project . JA/jms so 34t, > 7- Honorable Shakopee Council: 4831 Ridge Road DEC 2 4 1980 �- A. .. . Mtka,Mn,55343 Dec 9, 1980. CITY OF $HAKOFEE I am writing in behalf of the Minnesota Building Movers Association concerning the proposed T. V. Cable franchise that has been under consideration by the cities at the present time. Our industry is constantly being frustrated by the addition of signals, overhead crosswalks, bridges, overhead signing and freeways obstructing the few routes we have left to get about in the cities. For many years we have looked forward, with great anticipation, to the day w''ien all utility wires would be placed underground. These wires have been an eye sore from an esthetic point of view, as well as an enormous obstruction in the movement of large loads about in the cities. We understand the T.V. franchise people are now planning to put their wires overhead on poles already loaded with power and telephone cables, adding additional difficulty and expense to all truckers hauling large or bulky loads under these wires. A lot of construction is built in factories now and hauled in large sections by truck to sites. Houses and commercial buildings are being saved and relocated. That the people in the trucking industry feel is necessary is 2L4 feet of height clearance over the streets and highways to make this trucking practical. The power and telephone companies have gone through an enormous amount of planning and expense to go underground and we feel putting T.V. cables above ground is purely short term and profi' motivated for installers, but a step in the wrong direction for the city. Please do keep us informed as the matter progresses and thank you for any consideration you may be able to give us when considering this type of installation in your area. Yours very truly, ''net Ernst President MINNESOTA BUILDING MOVERS ASSOCIATION KRE/aaw 313 xsp NORTHERN STATES POWER COMPANY NORMAN DALE DIVISION 5309 WEST 70TH STREET EDINA, MINNESOTA 55435 December 17, 1980 Dear Landowner: You may remember receiving a letter from us in November 1979 in- forming you about our study of eight sites in the Metro area as possible locations for a proposed 200 Megawatt (MW) cogeneration power plant to begin service in 1989. At that time, we pledged to keep you informed about the study as your property is either within or near one of the possible sites. Our reason for sending this letter is to make sure that each of you is fully aware of some recent changes in our plans for this plant that were announced publicly in September. In September, NSP revised its 15 year forecast of energy needs and plans for new generating units. Because we are predicting reduced growth in electrical demand during this period, we have changed our schedule for the proposed 1989 Metro unit. Our latest estimate is that the 200-MW plant will not be needed until some- time in the 1990 ' s. We would like you to know that as a result, NSP has delayed fur- ther study of the possible sites. We anticipate resuming the study at a later date and will continue to explore the feasibility of district heating/cogeneration in the Twin Cities area . Because our long term energy future is uncertain, we cannot pro- vide you with a specific date for the proposed Metro unit. NSP is continuously reviewing electrical supply and demand data and will revise its 15-year forecast and plans for new plants each year. We will be sure to keep you informed of any further changes in plans for the Metro siting study. If you have questions or con- cerns feel free to call Stuart Fraser at 941-2992 and we will try to help you. Thank you for your cooperation and understanding. Sincerely, y�,, l John H. Mertz General Manager SEF:njk Business: 445-1011 vQ. eliaktifta41e4 c ®4lyt.Pil, .901C0 Ted Jasper 1117 Harrison Street Shakopee, Minnesota December 22, 1980 Mayor `falter Harbeck. Lit:{' '� Council Members. City of Shakopee. (^.`.,-•. , `' C. .. .:.s 'K : Shakopee, Minnesota 55379 Dear Mayor and Council Members; A numberof the owners of property in block one ilacey Plat are at odds with the city on the method and lack of fairness you used in leveing the assessments on the water main loop connecting Dakota and Minnesota streets. Considering the Minnesota St. boondogel where you are developing lots that will cost two to three times the present sale price of lots in the city of Shakopee, and as I understand give them to the buyers of the homes you are building on the lots, you take a rather tight fisted approache in sharein : the cost of the cross loop. There may be a diffrence of openion with Mr. Sperrier on what is a fair share of the loop cost but I was not I was not involved with him on the easement grant. I was specific in my talk with Jean Andrae that I would sign the easement only if the city s Minnesota St. project would pay half the cost of the loop and the loop only, any other connections the city planned to make were not part of the agreement. She stated that the city would share half the cost and on this basis I sided the easement. When the city built the public service building the engineering department asked my permission to drill test holes in block two of the :'Macey Plat, now block one Clifton Addition. I granted permission to do the drilling and after the tests were made it was determined there would be a consideral saving by installing the water service through my property. I was asked for and promptly granted an easement to install the water line. It seams now that with one of the largest buildings on the line chooses to take a free ride on this property also. ,'fir. Spurrier pointed out that the city paid there part by makeing other connections. That had no bearing on the loop. iie paid the total cost of bringing the line from fourth Ave. and extending it to the east side of Dakota st. The city did not share in this cost only the cost of extending it from the end of our line to the new building. Block two of Clifton should also have been included in this assessment district. This is the only water line in the close service area of the lot.`i'hen we installed the water and sewer service in the Macey Plat we laid a four inch line to the east side of Dakota St. just north of the hydrandt on the north east corner of lot 5 block one. This will provide the most econimical water service to this block. For some reason for which Mr. Sperrier can!t give a sound reason this lot was not included in the assessment area.The loop line was installed because by his determination the line in Dakota St. was inadeouate for fire protection, this provides a hydrandt on the west side of the lot as well as on the east side on the public works line. I am writing this letter primarily in behalf of the owners of the Macey Manor Condominiums. They are very upset not so much by the cost of the assessment amount but by what they consider the unfair and shabby manor the city used in handeling this project from start to finish. Sincerely cc. Harold Schroers Macey Tenor R. C. Christensen �r/? !/'�:!`''�,t�'�'f�'' `" �.yf-'lits,V --,..4.v'i' --(4, ..„. ,9'4_.r � rir.?t,.. c:\. iGf cc' 4Lil MEMO TO : John K. Anderson , City Administrator FROM : Gregg Voxland , Finance Director RE : Lease for Copier DATE : December 19 , 1980 Introduction The lease on our present copier expires February 15 , 1981 . This machine is a important part of the operation of City Hall . Background Various copiers were evaluated last year at this time . The Savin 600 was determined to be the most cost effective and the best suited to our needs . Council declined any type of a lease/purchase or purchase arrangement but opted instead for a one year lease . That lease will expire February 15 , 1981 . There is interest from several departments for a copier that will reduce . There is presently not a machine on the market that has all the features of our present machine and has reduction at a reasonable price . I expect to do a more comprehensive review of copiers next fall and expect there to be new products which will have all desired features at a more reasonable cost . The cost of copier rental is expected to be over $5 ,000 for 1981 . Therefore quotations are required . The Sharp 450 was considered but is physically too large . The Xerox 3400 has a significantly higher cost ($622 . 65 for 19 ,000 cy/mo) . The Savin cost for 19 ,000 cy/mo under a proposed plan would be $470 . 25/mo . The current rental plan , if renewed for next year , would be 304.00 plus $ .019 per copy over 9 ,000 cy/mo based on usage for the past year . The new Savin plan for higher volume will probably be the least expen- sive option for the City. The break-even point between the two Savin plans is 17 , 710 cy/mo . We usually have a couple of large months (in the 20' s) with months around 17 to 18 or 19 thousand copies . The 1981 budget does not contain a specific category for the cost of copier rental . The intent is to charge each department ' s printing and reproduction category for total copier costs based on usage . This will reflect truer costs of the operation of each department . Please see the attached memo regarding this . Alternatives 1 . Renew current lease for Savin 600. 2 . Lease Savin 600 at higher volume plan . 3 . Lease Xerox 3400. 4 . Opt for a copier with different features/capabilities than the present one and seek new quotes /bids . Recommendation Alternative number two is recommended because it best suits our needs at the lowest cost for what is currently on the market . See attached Resolution . GV/jms attachment MEMO TO : John K . Anderson , City Administrator FROM : Gregg Voxland , Finance Director RE : Auditrons for Copier DATE : December 9 , 1980 Introduction Administration has previously paid the total bill for copier rental with supplies allocated out to departments . With rising costs and usage , a more equitable method of charging all departments for copier costs is desired . Discussion Since our current copier was installed in February 1980 , usage has been more than double the rate of the previous copier . We have averaged over 19 ,000 cy/mo for the past 9 months . For the 1981 budget there is no separate object code for copier rental . The total copier cost will be allocated to the departments on a per copy basis . The three possible methods of allocating costs are by guesstimate , auditron , or having everyone fill in a log sheet each time the copier is used . The guesstimate is subject to gross errors . The log sheet is inconvenient , frequently forgotten and entails staff time in tabulating usage . Auditrons are quick , accurate and relatively -convenient . They do however cost money . Installation is $75 .00 and each unit is $35 .00. They are available for purchase only . Cost can be spread over the contract life of the copier . We would probably need 8 units for a total cost of $355 .00, spread over 12 months equals $29 . 58 per month , first year . The auditrons also may enforce more discipline and help reduce unnecessary copies . Alternatives 1 . Guesstimate Allocation 2 . Log sheet 3 . Auditrons Recommenlat Lon In view of the cost of the copier and the volume we are now running , I would recommend the auditrons . GV/jms _ . • Ota RESOLUTION NO . 1766 �Q • A Resolution Af hor i z i nt Leasing of Office Equipment WHEREAS , the Shakopee City Council adopted Resolution No . 1553 on January 15 , 1980, authorizing leasing of a copy machine ; and WHEREAS , it is desirable to continue io lease a copier . NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that. City staff is authorized to execute a rental agreement with Copy Duplicating Products , Inc . for the use of one Savin Model 600 copier . Price ?-o he $470 . 25 per month and $ .017 per copy for usage over. 19 ,000 copies per month . Term of agreement is to be one year . Adopted in session of the City Ccunci_l of the City of Shakopee , Minnesota , held this day of 1980 . Fiaycir o± !.:he (::i_F Shakopee ATTEST : City Clerk -- — --- Approved as to form this day of — , 1980 . City Attorney -- --------- MEMO TO : Mayor and City Council FROM : John K . Anderson , City Administrator RE : VIP Sewer Project DATE : December 22 , 1980 Introduction The day after the December 16 , 1980 City Council meeting, I was talking to the City Engineer about the VIP Sewer Project and he expressed some concerns about the action taken by the City Council the previous evening . Specifically , he felt that the scope of the area over which the assessments were to be spread (including deferred assessments) was broader than originally planned in the Engineer ' s report which would result in areas assessed that hadn ' t been notified of the formal 429 public hearing . As a result of this concern , I suggested we meet with the Mayor and the Acting Mayor to determine whether or not we had a problem . Background At a December 18 , 1980 meeting we traced the project ' s develop- ment leading up to the December 16 , 1980 public hearing . Accord- ing to the City Engineer , Resolution No . 1423 and tapes of the City Council ' s discussion ordering the project indicated that the area in Jackson Township served by the sewer should not be included in the assessment . The Mayor supported this by recall- ing that Jackson Township had sent a letter saying they wanted nothing to do with the VIP Sewer Project so the area was "lopped off . " At the December 16 , 1980 public hearing , Mr . Roberts , a represen- tative of Shakopee Sand & Gravel was present and he was told that his "assessments would be deferred since he couldn ' t be served ; " and the City Engineer was instructed to insure that the people on the eastern end of the VIP didn ' t pay for inter- ceptor oversizing that served areas to the south and west that would ultimately benefit from the project - an instruction the City Engineer took to mean that these areas were to be assessed . At the December 18 , 1980 meeting , after considerable discussion , the following course of action seemed the most practical in light of the potential problems discussed above : 1 . The portion of the area served by the project from 101 to County Road #17 would be assessed . The proposed construction stops at County Road #17 . 2 . The portion of the area served by the project between County Road #17 and County Road #79 would have a deferred assessment for oversizing (interceptor costs only) until sewer was ‘11 - available . Vavailable . Sewer will be available in 1985 when the MWCC increases our sewer allocation and sewer can be (not neces- sarily is) extended into this area . 3 . No other areas will receive a 429 type assessment . 4. The area west of County Road #79 (Jackson Township) and/or the area south of the proposed by-pass lying east of County Road #79 will be subject to an availability charge (tap-in fee) similar to a WCC SAC charge for their fair share of the cost of the proposed interceptor . The SAC charge would be based upon a flow computation rather than a "size of pipe computation" because the unique nature of the project requires oversized pipe to serve the eastern end of the project with or without the western portion . 5 . In this manner all areas ultimately benefited will pay for a share of the interceptor cost and the city can proceed with the project because it is not assessing areas not notified of the 429 hearing December 16 , 1980. This approach also provides needed flexibility because it would be difficult to define today which area(s) would be served in the future - Jackson Township or the area south of the proposed by-pass . 6 . Council may well have to pass a special levy to "front end" the resulting two levels of deferred assessments - namely the one between County Road #17 and #79 deferred until 1985 and the deferred assessments that will be collected in the form of SAC charges . It was the consensus of those at the meeting that the need for the levy would be checked each year and "special levies" made when needed to retire the bonds over their 10 year life . 7 . "Special levy" dollars levied to assist the PIR fund pay for the bonds would be "reimbursed" when the delayed assessment fees are collected and if the SAC fees are collected . (There is the slight possibility that the areas in question would not develop) . Summary The above implementation strategy will allow the project to go forward and still incorporates the intent of council ' s action December 16 , 1980 to "spread the assessments over everyone who benefits . " If any Council member sees a problem with this method of imple- menting the VIP Sewer Project please call me on Monday so that the City Engineer and I can do the necessary background work before Tuesday night ' s meeting . If everyone concurs with this implementation no further action is required at this time , however , it could well mean a "special levy" in the years ahead . JKA/jms RESOLUTION NO. 1423 A RESOLUTION ORDERING AN IMPROVEMENT AND THE PREPARATION OF PLANS - 79-4 VIP TRUNK SANITARY SEWER WHEREAS , a resolution of the City Council adopted the 2nd day of May , 1979 , fixed a date for a Council hearing on the proposed improvement of an area starting from a section of the existing Shakopee Interceptor lying between CR-83 and CR-17 , thence proceeding Southerly to CR-16 , thence Westerly to CR-17 , by the installation of a trunk sanitary sewer ; .and WHEREAS , ten days ' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 22nd day of May , 1979 , at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . Such improvement is hereby ordered as proposed in the Council resolution adopted. May 2 , 1979 . 2 . William Price of Suburban Engineering is hereby designated as the engineer for this improvement . He shall prepare plans and specifications for the making of such improve- ment . Adopted in .f)kertli session of the City Council of the City rtti of Shakopee , Minnesota , held this day of ,_ d , 1979 . Mayor. 02 the ity of S akopee ATTEST:, City,,OTer Approved s to form this 3 day of co, , 1979 . City ttory MEMO TO : Mayor and City Council FROM : John K. Anderson , City Administrator RE : November 21 , 1980 Mailgram Informing Shakopee of its Preliminary 1980 Census Results DATE: December 22 , 1980 Introduction City Council , at its December 2 , 1980 meeting received a copy of the above mentioned mailgram estimating Shakopee ' s 1980 census at 9 ,928 . The number was considerably less than the recent Metro Council estimate (10,900) the City had been using, and Council requested that staff prepare a report on possible courses of action for its January 6 , 1981 meeting . Background I have reviewed the City files regarding this subject and also discussed it with Doug Reeder . The following information is pro- vided as a review of the subject : 1 . Shakopee ' s 1960 census count was 5 ,201 . 2 . Shakopee ' s 1970 census count was 6 , 876 . 3 . Metro Council established a preliminary 1980 estimate for Shakopee in July of 1980 of 10, 900. 4 . The initial July 14, 1980 preliminary estimate from the Census Bureau was 10,011 . (This estimate was the so called "local review" estimate made before final tabulation of all census questionnaires had been checked) . 5 . City staff provided local review of the Census Bureau numbers because of the difference between theirs and the Metro Council numbers by reviewing building permits issued between 1970 and 1980. The count was 1 ,443 vs . the Census Bureau count of 1 ,489 indicating that the Bureau hadn ' t under counted dwelling units . The Bureau' s latest housing count , the one in the November 21 , 1980 mailgram, matches exactly the City ' s count . 6 . City staff also checkedthe following agencies in an effort to verify the Census Bureau count , but found they had no usable information : Library , County Assessor , Metro Council , Commerce Department and Scott County Planning and Zoning. 7 . The November 21 , 1980 revised preliminary estimate from the Census Bureau was 9 , 928 with 3 ,321 housing units . 8 . On January 1 , 1981 the official count will go to Washington for Congressional seat allocation and on April 1 , 1981 the ' States will receive similar numbers . These numbers will be based upon a physical computer reading of all questionnaires . Based upon the building permit count , the City did not "contest" the Bureau' s preliminary estimate of 10,011 in July according to Doug Reeder . The files do not contain any correspondence to the Census Bureau contesting the Bureau' s July 14th count for the "local review" . Alternatives I spoke with Mary Postman who is responsible for this region ' s count (office in Kansas City , Kansas) . He outlined three courses of action the City might take : 1 . If there is clear evidence that a block, apartment building or facility was missed , we can send the information to his office for verification . The problem is there is no way for us to get this information except possibly an ad in the paper or a random check of major apartment complexes . The Bureau will only respond to specific evidence of missed blocks , buildings , etc . and will not respond to random misses . 2 . The City can apply for a special census at a cost ranging from $ . 50 to $1 .00 per person or $5 ,000 to $10,000 for Shakopee . If we have such a census the results are binding and could go up as well as down . 3 . Take legal action in which case we could probably be part of several cases already filed . Summary & Recommendation Mr . Postman suggested that a good rule of thumb is to check student populations and/or to multiply the number of housing units counted (3 ,321) by what the Bureau now feels will be the national average of 2 . 70 (1970 average was 3 . 17) persons per household . In checking these figures I find : 1980 Student Census 4, 525 1970 Student Census 4,397 Net Gain 128 students 0-18 years Figures from Dr . Mayer ' s office 1980 Persons per household 2 . 70 X 3 ,321 = 8 ,966 which is less than the latest Census figure of 9 , 928 Based upon this information I do not feel it is worthwhile for the City to pursue the issue . The worst possible financial implication would be a $15 ,000 drop in 1982 revenue sharing . Local state aid will not be affected because of a "hold harmless" clause that does not permit aids to decrease with decreasing population . I recommend dropping the matter . JKA/jms • V MEMO TO : John K. Anderson , City Administrator FROM : Gregg M. Voxland , Finance Director RE : Farm Leases DATE : December 31 , 1980 Introduction On December. 12 , 1980 Council directed that staff obtain more information on farm land rental rates and share cropping . Background I have talked to David Hart , County Extension Agent . He esti- mated the land at Memorial Park should rent for $10 to $20 per acre with the owner customarily paying the taxes . There is approximately 55 acres tillable and Mr . Hauer has paid $968 .18 in taxes during 1980. This equals a total rental cost of approxi- mately $26 . 69 per acre for Mr . Hauer . Mr . Hart estimated the land at Lions Park should rent for $30 to $40 per acre and again the owner customarily paying the taxes . There is approximately 18 acres tillable and the propose lease for 1981 (as was 1980) is for $720 .00 with the City paying 30% of that amount in taxes under MS272 . 67 . Mr . Hart explained a 40/60 split as follows . The owner would get 40% of the crop . The owner also normally pays 40% of the cost of large machinery ($12-13 per acre) , 40% of fertilizer cost above starter fertilizer ( $15-20 per acre) and 40% of other chemicals ( $15-20 per acre) . The owner normally has to haul and market his share of the crop . This arrangement is not as common in the Metro area as it is out-state because of absentee land owners . The City would stand the chance of losing money under this arrangement . Alternatives 1 . Share cropping arrangement . 2 . Lease for same terms as last year . 3 . Negotiate for higher fixed fee . Recommendation Recommend #2 because it falls within or above the "going rate" as related by the County Extension agent and is much simpler than #1 . GMV/jms dgiOgINIMOMML MEMO TO : John K . Anderson , City Administrator t6L- FROM : Gregg Voxland , Finance Director RE : 1981 Farm Lease DATE : December 2 , 1980 The City has leased some of its land at Memorial Park for a number of years to William Hauer . Resolution No . 1756 authorizes a lease for 1981. under the same terms and con- ditions as 1980 . Also , Norbert Theis has farmed land at Lions Park for many years . Council authorized a lease for 1980 but Mr . Theis never signed and returned the lease . I have sent him a bill for the amount in the unexecuted lease . Resolution No . 1757 authorizes a lease for 1981. . Leases for 1981 will not he executed until payment is received for 1980 . GV/jms J RESOLUTION NO . 1756 A RESOLUTION AUTHORIZING LEASING OF CITY PROPERTY WHEREAS , the City of Shakopee owns certain properties , and ; WHEREAS , certain parcels are not currently utilized for City functions . NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA , that the Mayor and City Administrator are authorized Co enter into a one-year lease for 1981 with William Hauer for the sum of not less than $250 .00, and not more than $500 .00, prorated with crop loss due to flooding , plus ad valorem taxes for the following property : Government Lot 1 in Section 31 , Township 116 , Range 22 and Government Lot 1 in Section 32 , Township 116 , Range 22 . Adopted in _ session of the City Council of the City of Shakopee , Minnesota , held this _ _ day of 1980 . Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1980 . City Attorney . RESOLUTION NO . 1757 t �/ A RESOLUTION AUTHORIZING LEASING OF CITY PROPERTY WHEREAS , the City of Shakopee owns certain properties , and ; WHEREAS , certain parcels are not currently utilized for City functions . NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA , that the Mayor and City Administrator are authorized to enter into a one-year lease for 1981 with Norbert Theis for the sum of $720 .00, for the following property : 18 acres in the NW4 SW4 Section 12 Township 115 Range 23 Adopted in session of the City Council of the City of Shakopee , Minnesota held this day of , 1980 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1980 City Attorney MEMO TO : John K. Anderson , City Administrator FROM: Gregg Voxland , Finance Director RE : Purchase of Land for Parking Lot DATE : December 5 , 1980 Introduction Council is interested in purchasing railroad property to expand parking facilities in downtown . Discussion There are four possible funds to provide front monies to buy the subject property : General , Revenue Sharing , Capital Equipment and Permanent Improvement Revolving. Both the Revenue Sharing and the Capital Equipment Funds have monies available . However , it has been past practice and intent to restrict these monies to equipment acquisition . The General Fund has money currently but the purchase is not budgeted , the 1980 and 1981 budgets are extremely tight and probably for more years after that and I do not consider our General Fund - fund balance to be of a size to very comfortably absorb the purchase of the property . Lastly , the P . I .R. fund has monies and if Council intends to provide a permanent finance source such as assessments , this fund would be the appropriate fund to use . The acquistion and development could be set up as a project and combined with an assessment project with a tax levy for the park- ing lot portion . Alternatively , the acquisition and development could be permanently financed by a G .O . bond issue if voters supported it and it would be a very small issue . Alternatives 1 . Short Term Funding a . General Fund b . Revenue Sharing Fund c . Capital Equipment Revolving Fund d . P . I .R . Fund 2 . Long Term Funding a . General Fund ($500 ,000 available Fund Balance) b. Revenue Sharing Fund ( $183 ,000 available Fund Balance) c . Capital Equipment Revolving Fund ( $238 ,000 available Fund Balance) d . P . I .R. Fund ($265 ,000 available Funds) e . G .O . Bond Issue f . Special Assessment within P . I .R . Fund l g . Special Assessment with other projects for a CP G .O . Special Assessment Bond Issue ' h. Combine with other assessment projects and levy for this project within one bond issue Recommendation & Summary Use P . I .R . fund for short term financing of the purchase ($133 , 300 per Mr . Houser ' s appraisal) . The real issue is long term financing . Do we want to assess acquisition cost or not . The ' 67 parking lot project assessed improvements but I have not been able to determine if acquisition was also assessed . The ' 67 project assessed 50/ of the cost . We could acquire the land and do minimal improvements without assess- ing using P . I .R . fund . This could preserve our option for future alternative uses of the land depending on redevelopment or downtown development and possible changes in the railroad situation (grade or location) . The attached map shows the properties assessed for the ' 67 project (shaded) and the cross hatched area is the property considered for purchase . Questions to be answered if assessments are contemplated are : (1 ) what properties are to be benefitted ; and (2 ) by how much to support an assessment . The City Engineer has suggested that an appraisal might be in order to answer these questions . GV/jms . \ ti c a 4/? t . . .. . . .•........ .•••• • •• •..•. . .. .....,.. ) ./..................................... _ 1 ____- --- 1. , 1--- ,'"------' —134 0 . ', H. , . .. . _. p.... ... 1 ,. . ......... , ..„.. . . „ : ;,, .. 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',,•• "--.,•, "-T-; • " ' . 4 . ir - , ,.•,,, 4 - ', '' (Wtti,!7 • _, _. ,„, '41'1' ,1 t .-------- 0 1 I C• . ,,•••, 7 1 • 't ; ..) t ft 41 II ckb C:%(t , ...... t • .-. %.. a 1 1 i i 10 . 0\ C. ..................;::......I....I..... ......,...b.1...-.........:: •.,,, ,- ...., i 3 os -In —--- CI) 0 (---, . r II 1 1111 Or I e, 1 • • ' 9 ' -P VMEMO TO : John Anderson City Administrator FROM: H. R. Spurrier City Engineer RE : Sanitary Sewer in Main Street North of 1st Avenue DATE : December 30, 1980 Introduction: In Adjourned Regular Session December 16, 1980, City Council directed staff to analyze the cost of providing dependable sewer service to Dorothy Egan, 129 North Main Street . Background: The sanitary sewer was constructed prior to 1950, and is very shallow. The pipe has less than 2 . 0 feet of cover at its terminus . Consequently , this pipe has frozen on several occasions . One of the residents served by the pipe has complained about the performance of the pipe and requested compensation for extraordinary costs incurred in service line maintenance . Alternatives : There are four alternative solutions in correcting this problem: 1) Do Nothing - This alternative would be to leave matters as they are now and continue to steam the sewer once every two years . This cost is estimated to be $ 165 . 27 each time the line is steamed. The present worth of this alternative, assuming a 50 year life at 6 . 75 percent , is S1, 139. 10. 2 ) Maintain Existing Services - Dorothy Egan indicated that the cost of steaming the sewer was $250 . 00 per year at a maximum. If done by the City this would cost an estimated $ 165. 27 per year . The present worth of this alternative must also include the bi-annual steaming in Alternate No . 1 above , for main line steaming. The total present worth of this alternative is estimated to be $3, 508 . 99 . John Anderson -2- December 30, 1980 6 3) Insulate Sewer - There are approximately 75 linear feet of the Main Street sewer with less than 6 feet of cover. There are 3 service lines approximately 35 feet long for a total length of 105 feet of service line . Insulation costs will amount to approximately $6, 400. 00 . Insulation is no guarantee that the lines will not freeze but it has been successful in a number of instances . 4 ) Reconstruct Sanitary Sewer - The Bluff Avenue sanitary sewer was completed in 1978 . It is possible to reconstruct the Main Street sanitary sewer to the Bluff Avenue sanitary sewer. This would eliminate freeze potential and improve pipe gradient . Approx- imately 150 linear feet of 8 inch pipe and 120 linear feet of service line must be constructed. The recon- struction may jeopardize the existing cast iron water- main. Estimated cost $15 , 750 .00 . Summary : There are four clear alternatives . They range from "do nothing" to a "permanent fix" . There is a substantial difference in cost between alternatives . The most expensive alternative of reconstruction need not be considered now. It will always be an alternative, and other work may eliminate the need to reconstruct the sanitary sewer. Maintaining the existing sewer is not an acceptable alter- native because it creates a situation where City forces are performing work on private property . The "do nothing" alternative is not judged to be effective because the City will continue to face the problem and will be subject to potential damages caused by a frozen sewer. The most effective method of correcting the problem is to insulate all of the line with less than 6 feet of cover. This alternative has worked well in this region and is considered the most cost-effective. There is a certain amount of risk but this risk is considered to be reasonable since insulation has been successful . Recommendation: It is the recommendation of the Engineering Department that City staff be directed to prepare specifications for the insulation of sanitary sewer in Main Street north of 1st Avenue. HRS/j iw Attachment APPENDIX Cost Estimates Criteria : 1. 50 year life. 2 . Interest rate 6 . 75 percent . 3. All comparisons at present worth. Alternate 1 -- Do Nothing: 1. 26 biennial payments . 2 . Simple interest 6. 75 percent . 3 . Estimated cost : 3 hrs . pickup @ $8 . 00 $ 24 . 00 3 hrs . steamer @ $8 . 00 24 . 00 6 hrs . labor @ $10 . 00 60. 00 3 hrs. Foreman @ $12. 00 24 . 00 Overhead 17% 16. 32 Insurance 4 . 95 Total $165. 27 Present worth - $1, 139. 10 Alternate 2 -- Maintain Private Services : 1. 50 annual payments . 2 . Interest rate 6. 75 percent . 3 . Estimated cost is $250. 00; pursuant to letter from Dorothy Egan. Present worth - $3 ,562. 37 Alternate 3 -- Insulate Sanitary Sewer: Item Estimated Estimated Estimated No. Description Quantity Unit Price Total` 1 Excavate & Insulate 180 L.F. $ 15 . 00 $ 2,700 . 00 Pipe 2 Patch Street 105 L.F. 12. 80 1, 792 . 00 3 Insulate Manhole 1 Ea. 800. 00 800 . 00 Subtotal $ 5, 292 . 00 10% Contingency 528 . 00 Subtotal $ 5 ,820. 00 10% Technical Services 580 . 00 Total $ 6, 400 . 00 Appendix - Cost Estimates (continued) j Alternate 4 -- Reconstruct Sanitary Sewer: Item Estimated Estimated Estimated No. Description Quantity Unit Price Total 1 8" Sanitary Sewer 150 L.F. $ 15 . 00 $ 2,250 . 00 2 48" Diameter Manhole 1 Ea. 850. 00 850. 00 3 4" Service Wye 3 Ea. 75 . 00 225. 00 4 4" C . I. Service Pipe 120 L.F. 12 . 00 1,440. 00 5 Rock Excavation 200 Cu.Yd. 30. 00 6,000. 00 6 Patch Street 150 L.F. 15 . 00 2 ,250. 00 Subtotal $13, 015 . 00 10% Contingency 1,302 . 00 Subtotal $14 ,317 . 00 10% Technical Svcs . 1,433 . 00 Total $15, 750. 00 Law Offices of KRASS , MEYER & KANNING Chartered Phillip R. Krass Shakopee Professional Building Barry K. Meyer ' 1221 Fourth Avenue East Philip T. Kanning Shakopee, Minnesota 55379 (612)445-5080 MEMORANDUM TO: Mayor and City Council of Shakopee FROM: Phillip R. Krass DATE: December 10, 1980 SUBJECT: Duties of City Clerk Dear Mayor and Members of the Council : I have been requested to do some research on a particular statutory duty of a city clerk in relationship to council consideration of dividing the duties of city clerk and city administrator. More specifically, certain duties established in Minnesota Statutes 412. 151 which state: "(The clerk) shall keep . . . an account book in which he shall enter all money transactions of the city including the dates and amounts of all receipts and the person from whom the money was received and all orders drawn upon the treasurer with their payee and object. " The concern expressed to me was whether or not the statutory clerk was required to keep a set of books in addition to those kept by the treasurer. Right now, as we have an administrator-clerk in Shakopee, and since the treasurer answers to the administrator-clerk, it can be argued that this statutory duty is being fulfilled. If, however, we divide those functions and make someone other than the administrator clerk, then the treasurer is no longer working for the clerk and this statutory duty becomes a problem. I think there is , however, a very simple answer. I am recommending that you make the treasurer a deputy clerk so that legally the clerk will be fulfilling this statutory requirement by having a deputy clerk (our treasurer) handle the finances. In theory, this will place the treasurer under the clerk while functionally, I would expect the treasurer to be responsible to the administrator. I think it would be in order if you create a separate clerk's position and adopt a resolution appointing Judy city clerk, and have the same resolution appoint Greg as deputy city clerk and indicate that he has the responsibility for fulfilling the clerk's financial responsibilities under the above-enumerated statute. That will make it perfectly clear that you do not expect Judy to keep a set of books Mayor and City Council Cif Page 2 December 10, 1980 separate from Greg's. While this may seem cumbersome, I think it may well be the best method of handling this difficulty. Yours very truly, KRASS, MEYER & KANNING CHARTERED Phillip R. Krass PRK:ph cc Mr. John K. Anderson Ms. Judy Cox Action Required : Offer Resolution No . 1758 ,, A Resolution Appointing A City Clerk and a Deputy City Clerk, and move its adoption . RESOLUTION NO . 1758 A RESOLUTION APPOINTING A CITY CLERK AND A DEPUTY CITY CLERK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA, that Judith S . Cox be and hereby is appointed City Clerk of the City of Shakopee . BE IT FURTHER RESOLVED , that Gregg Voxland be and hereby is appointed Deputy City Clerk and shall have the responsibility for fulfilling the Clerk ' s financial responsibilities under Minnesota Statutes 412 . 151 . Adopted in Regular session of the City Council of the City of Shakopee , Minnesota held this 6th day of January , 1981 . Mayor of the City of Shakopee ATTEST : • City Clerk Approved as to form this day of — , 1981 . _ City Attorney 1 MEMO TO : John K. Anderson , City Administrator FROM : Gregg Voxland , Finance Director RE : Designation of Official Depositories DATE: December 18 , 1980 Resolution No . 1768 is a "housekeeping" type resolution . The statutes provide that the City Council designate depositories for City funds for the year . This resolution specifies the depositories and the respective dollar limits . GV/jms P.ESOI.iJTION NO . 1768 gT A RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES OF CITY FUNDS WHEREAS , M . S . 427 .02 provides that the City Council designate depositories ; and WHEREAS , the State of Minnesota Statutes 118 . 005 and 475 . 66 provide that cities may invest in time deposits . NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA, that the following institutions are desig- nated as depositories with the respective dollar amounts as limits and as secured by insurance and/or collateral . First National Bank of Shakopee $ 500,000 .00 Citizens State Bank of Shakopee 300,000 .00 First National Bank of St . Paul 1 ,000 ,000 .00 First National Bank of Minneapolis 1 ,000 ;000 .00 Northwestern National Bank 1 ,500,000 .00 Peoples Savings and Loan Association 300,000.00 Minnesota Federal Savings and Loan 100,000 .00 Midwest Federal. Savings and Loan Association 1 , 500,000 .00 Marquette National Bank 1 ,000 ,000 .00 Adopted in _ session of the City Council of the City of Shakopee , Minnesota , held this day of 1981 . Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1981 . City Attorney e �c MEMO TO : John K. Anderson, City Administrator FROM : Judith S . Cox , Deputy City Clerk RE : Resignation of George W. Johnson from the Assessing Department DATE : December 30, 1980 Introduction Mr. George W . Johnson has tendered his resignation from the City of Shakopee and the City Council did accept his resignation on December 16 , 1980 and directed the preparation of a resolution accepting his resignation with regrets . Background It has been the general policy of the City Council to accept resignations by motion . Under certain circumstances (ie : longevity , outstanding performance , etc . ) the Council has adopted resolutions commending employees and citizens who have served on advisory bodies or as Councilpersons . Pursuant to Council directive I have prepared the attached resolution accepting the resignation of George W . Johnson , with regrets . Action Offer Resolution No . 1771 , Accepting Resignation of George W . Johnson , and move its adoption . JSC/jms RESOLUTION NO . 1771 A RESOLUTION ACCEPTING RESIGNATION OF GEORGE W . JOHNSON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA , that the resignation of George W . Johnson from the Assessing Department , is hereby accepted , with regrets . Adopted in session of the City Council of the City of Shakopee held this day of 1981 . Mayor of the City of Shakopee ATTEST: City Clerk -- —` Approved as to form this day of 1981 . City Attorney g21 MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox , Deputy City Clerk RE : Appointments to Suburban Police Recruitment System DATE : December 30, 1980 Introduction On November 20, 1979 the City of Shakopee adopted Resolution No . 1521 authorizing participation in the Suburban Police Recruitment System and made appointments for City representation on the System . Background With the recent change of City Administrators it is appropriate to make a new appointment to the System. Per your direction I have prepared the attached resolution appoint- ing Tom Brownell as Director and yourself as the Alternate Director . Recommendation Offer Resolution No . 1770, A Resolution Amending Resolution No . 1521 Designating A Director And An Alternate Director To The Suburban Police Recruitment System , and move its adoption . JSC/jms • RESOLUTION NO . 1770 A RESOLUTION AMENDING RESOLUTION NO .. 1521 DESIGNATING A DIRECTOR AND AN ALTERNATE DIRECTOR TO THE SUBURBAN POLICE RECRUITMENT SYSTEM WHEREAS , the City of Shakopee has entered into a Joint and Cooperative Agreement which established a Suburban Police Recruit- ment System and which provided for City membership in said System ; and WHEREAS , there have been changes in City personnel and it is appropriate to make new appointments for City representation in the System. NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, that Resolution No . 1521 be and hereby is amended by designating Thomas G . Brownell and John K . Anderson as the City ' s Director and Alternate Director in the Suburban Police Recruitment System . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this — _ day of 1981 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form this day of , 1981 . City Attorney RJ2.) MEMO TO : Mayor and City Council FROM : John K. Anderson , City Administrator (by Judith S . Cox) RE : Pearson Florist DATE : January 2 , 1981 Introduction On December 16 , 1980 the Council considered a request from Mr . Gene Pearson of Pearson Florist to allow the use of the base- ment of his new building without requiring a special sprinkler system . Background After listening to Mr . Pearson ' s request and considering the recommendations of staff , the Council agreed to dispense with requiring the special sprinkler system, with the condition that the basement is not used by the general public . The Council directed preparation of a resolution so stating the Council ' s intent . The attached resolution is pursuant to Council direction . Recommended Action Offer Resolution No . 1777 , A Resolution Restricting Use Of The Basement In The Pearson Florist Building , and move its adoption . JKA/jms RESOLUTION NO , 1777 • A RESOLUTION RESTRICTING USE OF THE BASEMENT IN THE PEARSON FLORIST BUILDING WHEREAS , Mr . Gene Pearson , filed a letter requesting an appeal from the City Building Code as it relates to a sprinkler system required for his basement in conjunction with improvement to his business at 112 Sommerville ; and WHEREAS , Mr . Pearson appeared before the Board of Appeals pursuant to Section 204 of the Building Code December 16 , 1980; and WHEREAS , the Board has reviewed Mr . Pearson ' s request along with the written recommendations of the City Building Inspector , memo dated December. 4 , 1980, the City Fire Chief , memo dated December 12 , 1980 , and Mr . Arnie Olson , Plan Reviewer for the Building Codes Division of the State of Minnesota , letter and sketch plan dated October 28 , 1980. NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA : 1 . That Mr. Gene Pearson is not permitted to use the basement of his business at 112 Sommerville for retail or educa- tional purposes until such time that a "special sprinkler system" is installed as specified in Mr . Olson ' s letter of October. 28 , 1980. 2 . That Mr . Gene Pearson is permitted to use the basement of his business at 112 Sommerville for purposes other than those excepted above because he has installed two hour fire walls , two exits , a one hour door and because the sectional spaces in the basement do not exceed 1500 sq . feet . 3 . That Mr. Gene Pearson , his heirs or successors , are responsible for installing a special sprinkler system and for obtaining the proper occupancy permit from the City of Shakopee to change the use of said basement space to a use that involves the general public in any mannor . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1981 . Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of — 1981 . City Attorney . _ g MEMO TO: John K. Anderson , City Administrator FROM : Gregg Voxland , Finance Director RE : Resolution on Park Dedication Fees DATE : December 19 , 1980 Introduction Resolution No . 1769 (attached) is prepared pursuant to Council direction at the 12/16/80 meeting . Background This resolution allows more of the funds provided by the park dedication fee to be spent for park improvements as opposed to land acquisition than was allowed under Resolution No . 1365 which specified that 90% of the fees go to land acquisition . GV/jms ttjRESOLUTION NO .. 1769 A RESOLUTION SETTING FORTH THE USE OF PARK FEES WHEREAS , the Shakopee City Council adopted Ordinance No . 17 providing for the dedication of land for public use as parks , public sites and open spaces , at the time a tract of l.and ' i.s platted or subdivided ; and WHEREAS , said ordinance provides that in the absence of the dedication of land , a cash , in lieu thereof , may he paid to the City by the developer . NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA , that monies collected for park purposes , pursuant to Ordinance No . 17 , shall be appropriated as follows : Sixty-five percent (65%) of park dedication fees to be used for land acquisition . Thirty-five percent (35%) of park dedication fees to be used for capital improvements for. parks . BE IT FURTHER RESOLVED , that Resolution No . 1365 is hereby repealed in its entirety . Adopted in regular session of the City Council of the City of Shakopee , Minnesota , held this day of 1981 . Mayor of the City of Shakopee ATTEST: City Clerk ^� Approved as to form this _ day of , 1981 . City Attorney ((;7 MEMO TO : John K. Anderson , City Administrator FROM : Jeanne Andre , Administrative Assistant RE : Resolution No . 1772 , A Resolution Amending Resolution No . 1600 Establishing The Ad Hoc Cable Communications Committee DATE : December 30, 1980 Introduction An Ad Hoc Cable Communications Committee was established in 1980 to advise the City Council on the cable communications franchise process . The committee has completed the tasks outlined as its duties in Resolution No . 1600 and now needs further authorization to take on additional duties . Background On May 6 , 1980 the City Council adopted Resolution No . 1600, A Resolution Establishing The Ad Hoc Cable Communications Committee . This resolution authorized the committee to research the cable communications franchise process , access the needs of the community , and advise the City Council on the establishment of the cable ser- vice territory (CST) . The initial resolution did not authorize the committee to undertake the full franchise process in case it might be determined that the City should join with other nearby communities in franchising a cable operator. However the cable committee advised , and the City Council concurred, to propose a CST within the municipal boundaries of the City of Shakopee . Now, if the City Council wants to continue to be advised by the committee on the upcoming decisions regarding cable , a new resolution must be adopted . Alternatives The City Council can become more directly involved in the franchise process , or continue to rely heavily on the advice of the committee . By law the City Council must adopt the ordinance establishing a franchise . Recommendation The City Council adopt Resolution No . 1772 , A Resolution Amending Resolution No. 1600 Establishing The Ad Hoc Cable Communications Committee . This resolution assures the advisory status of the committee , but provides for the committee to do the significant groundwork for City Council decisions . JA/jms RESOLUTION NO. 1772 A RESOLUTION AMENDING RESOLD l ON NO . 1 600 ESTABLISHING THE AD I-IOC CABLE COMMUNICATIONS COMMITTEE WHEREAS , the City Council of the City of Shakopee has recom- mended the establishment of a cable service territory for the municipal boundaries of the City of Shakopee ; and WHEREAS , in Resolution No . 1600 the City Council established an Ad Hoc Cable Communications Committee to advise the Council on certain matters relating to franchising a cable communications system ; and WHEREAS , members of this Committee have served the City con- scientiously in issues considered by the Committee to this date , and WHEREAS , the duties of the Committee as outlined in Resolu- tion No . 1600 are to terminate upon completion of a community needs assessment and recommendation to the City Council regarding continuation with the franchise process ; and WHEREAS , the Committee is near completion of its assessment of communication ' s needs in the community ; and WHEREAS , the Committee recommended to .the City Council that the City proceed with the franchise process at the September. 23 , 1980 Council meeting ; and WHEREAS , the City Council concurs with the Committee recommen- dation to proceed with the franchise process and desires the Committee to continue its efforts . NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA, that the duties of the Committee as provided in Resolution 1600 are hereby amended to include the following additional activities : 1 . Draft a Request for Proposals (RFP) from cable operators for the operation of cable communications in Shakopee . 2 . Hear presentations from cable operators submitting pro- posals to operate cable communications in Shakopee . 3 . Recommend to the City Council the cable operator who can best serve the needs identified for cable communica- tions in Shakopee . 4 . Prepare for consideration by City Council an ordinance establishing a cable franchise in Shakopee . Resolution No . 1772 UPage Two • BE IT FURTHER RESOLVED , that the Committee shall continue to function until disolved by action of the City Council subsequent to the adoption of a cable franchise ordinance for Shakopee . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney MEMO TO : John K. Anderson , City Administrator FROM : Gregg Voxland , Finance Director RE : Garbage Contract DATE : December 17 , 1980 Introduction Council needs to address garbage collection service for the City for 1981 . Background A year ago , Council accepted the quotation of G & H Sanitation , Inc . for garbage collection service . A one year contract was signed that allowed for the extension for a second year at the City ' s option . The service has gone relatively smoothly this year and I perceive no reason not to exercise the option for the second year . Alternatives 1 . Authorize staff to notify G & H that the City is exercising its option to extend the contract . 2 . Cancel the contract and seek new quotations . The present contract would expire 1/16/81 . Recommendation Alternative number one is recommended . Attached is Resolution No . 1767 which adopts the new rates for garbage service . This reflects the costs contained in the second year of the G & H contract and continuing the past practice of adding 10¢ per bill to cover other expenses of operating the service . This represents a 20¢ or 9% increase for the senior citizen rate and a 27¢ or 77 increase for regular service . GV/jms attachment RESOLUTION NO . 1767 0 fk/ A RESOLUTION SETTING GARBAGE FEES WHEREAS , the City of Shakopee has previously entered into a contract for garbage and refuse collection ; and WHEREAS , said contract contains increased costs for the City . NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA , that garbage and refuse collection fees shall be $3 . 90 per month for urban residences and $2 . 55 per month for senior citizens in urban residences . BE IT FURTHER RESOLVED that Resolution No . 1543 is repealed in its entirety effective February 28 , 1981 . This resolution shall be in force and effect for bills sent out on , or about , March 1 , 1981 . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1981 . Mayor of the City of Shakopee ATTEST : City Clerk --!--- Approved as to form this __ day of - — , 1.981 City Attorney MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox , Deputy City Clerk RE : $600,000 I .R. Bonds for J & B Enterprises DATE : January 2 , 1981 Introduction On August 26 , 1980 the City Council gave preliminary approval to $600,000 I .R. Bonds for J & B Enterprises . Background The applicant is now requesting final approval of the I .R . Bonds . Mr . Krass , Assistant City Attorney has been provided copies of all the documents , has reviewed them and has informed me that they are in order . Recommended Action Offer Resolution No . 1773 , A Resolution Authorizing the Acquisi- tion And Construction Of A Project Under The Minnesota Municipal Industrial Development Act And The Sale and Issuance Of A Commer- cial Development Revenue Note To Finance The Project , And Authoriz- ing The Execution Of Various Documents , and move its adoption . JSC/jms f )/ RESOLUTION NO. 11.73_ RESOLUTION AUTHORIZING TUE ACQUISITION AND CONSTRUCTION OF A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND TUE SALE AND ISSUANCE OF A COMMER- CIAL DEVELOPMENT REVENUE NOTE TO FINANCE THE PROJECT , AND AUTHORIZING 'I'llN EXECUTION OF VARIOUS DOCUMENTS BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows : 1. It has been proposed that the City issue Its Commercial Development Revenue Note (J & 13 L-'nterpr_ises Project) (the "Note" ) , in the principal amount of $490 , 000 , to finance a portion of the cost of ac Iuir. i.ng and constructing a manufacturing, sales and service facility in the City (the "Project" ) , on behalf of J & B Enterprises , a Minnesota general partnership (the "Obligor" ) , and to be leased by the Obligor to Mastercraft Dump Bodies , Inc. The Council gave preliminary approval to the proposal by resolutions duly adopted February 19 , 1980 and August 26 , 1980 , and pursuant to those resolutions , the following documents relating to the Project have been submi I Led lt.o the Council and are now, or shall be placed, on file in the office of the City Clerk: (a) Loan Agreement (the "Loan Agreement" ) , proposed to be made and entered into between the City and the Obligor; (b) Assignment of Loan Agreement (the "Assignment" ) , proposed to be made from the City to First National Bank of Hopkins (the "Bank" ) ; (c) Mortgage and Security Agreement (the "Mortgage" ) , and Assignment of Rents and Leases ( the "Assignment of Rents") , proposed to be made from the Obligor and the Bank ; (d) Guaranty (the "Guaranty " ) , proposed to be made from certain individual partners of a general partner of the Obligor to the Bank; and (e) Form of Note. 2. It is hereby found , determined and declared that : (a) the Project to be financed constitutes a "project" authorized by Section 474 . 02 , subd . la, Minnesota Statutes; (b) the purpose of the Project , as defined in the Loan Agreement , is, and the effect thereof will be (i) to encourage the development of economically sound commerce in the City, (ii) to increase the Lax base of the City and overlapping jurisdictions , and (iii) to provide additional employment opportunities for residents of the City and surrounding areas; (c) the Project has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Municipal Industrial Development Act; (d) the Obligor is authorized , in accordance with the provisions of Section 474 . 03 (6) , Minnesota Statutes , and subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to he necessary , desirable and proper, to provide for the construction of the Project by such means as shall be available to the Obligor and in the manner determined by the Obligor, and with or without advertisement for bids as required for i he construction and acquisition of munii:ip,tl. 1.1c• i I i. i ies ; (e) it is desirable that the Note in the amount of $490, 000 be issued by the City to the Bank , and that the City ' s interest in the Loan Agreement and the payments receivable pursuant thereto be pledged to the Bank as security for the payment of principal and interest on the Note ; (f) the payments required by the Loan Agreement are fixed, and required to be revised from time to time as necessary , so as to produce income and revenue sufficient to provide for prompt payment of principal of and interest on the Note , and the Loan Agreement and Mortgage also provide that the Obligor is required to pay all expenses of the operation and maintenance of the Project including, but without limitation , adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof , and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement ; (g) under the provisions of Minnesota Statutes , Section 474 . 10 , and as provided in the Loan Agreement and Note , the Note is not to be payable from nor charged upon any funds other than the revenue pledged to the payment thereof ; the City _ I is not subject to any liability thereon; no holder of the Note shall ever have the right to compel any exercise of the taxing powers of the City to pay the Note or the interest thereon , nor to enforce payment thereof against any property of the City except the Project mortgaged by the Mortgage ; the Note shall not constitute a charge , lien or encumbrance , legal or e(lui.table , upon any property of the City except the Project; the Note shall recite that it is payable solely from the revenue pledged to the payment thereof; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation . 3. The general form of Loan Agreement , Assignment and Note referred to in paragraph 1 is approved. Each such document , with such variations , insertions and additions as the City Attorney may hereafter deem appropriate , is directed to be executed in the name and on behalf of the City by the Mayor , City Clerk , and City Administrator. The general m of the Mortgage, Assignment of Rents and Guarantyis also approved and the issuance of the Note is hereby conditioned upon execution and delivery of said documents by the Obligor and other parties thereto. 4 . In anticipation of the collection of revenues of the Project, the City shall proceed forthwith to issue the Note in the principal amount of $490 , 000 to the Bank , which is hereby authorized to disburse the proceeds to the parties entitled thereto in paymnnt or co i.mhur.sement for Project costs in accordance with the terms of the Loan Agreement. 5 . The Mayor , City Clerk , City Administrator and other officers of the City are authorized and directed to prepare and furnish to the purchaser of the Note and bond counsel certified copies of all proceedings and records of the City relating to the Note , and such other affidavits and certificates as may be required by bond counsel , and approved by the City Attorney, to show the facts relating to the legality and marketability of the Note. Approved : Mayor Attest: __ ---- City Clerk The foregoing resolution was duly seconded by Councilmember , and upon vote being - taken thereon , the following voted in favor : and the following voted against the same : whereupon the resolution was declared duly passed and adopted. MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox, Deputy City Clerk RE : $9 , 120,000 I .R . Bonds for St . Francis Hospital DATE : January 2 , 1981 Introduction On December 2nd and 16th the Council held a public hearing on an application of St . Francis Hospital for $9 , 120,000 Industrial Revenue Bonds . On December 16th staff was directed to prepare a resolution giving preliminary approval . Background The Assistant City Attorney has reviewed the documents relating to the bond sale and has informed me that they are in order . Action Required Offer Resolution No . 1774, A Resolution Relating To The Financing Of A Proposed Project For St . Francis Hospital ; Determining To Proceed With The Project And Its Financing ; Referring The Proposal To The Commissioner Of Securities For Approval ; And Authorizing Preparation Of Necessary Documents , and move its adoption . JSC/jms • RESOLUTION NO . 1774 RESOLUTION RELATING TO THE FINANCING OF A PROPOSED PROJECT FOR ST . FRANCIS HOSPITAL; DETERMINING TO PROCEED WITH THE PROJECT AND ITS FINANCING ; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Shakopee , Minnesota ( the Municipality ) , as follows : SECTION 1 Recitals and Findings 1 . 1 . This Council has received a proposal that the Municipality finance a portion or all of the cost of a proposed project ( the Project ) under Minnesota Statutes , Chapter 474 ( the Act ) , on behalf of St . Francis Hospital , a Minnesota nonprofit corporation ( the Hospital ) , consisting of the construction , furnishing and equipping of additions ( the Additions ) to its existing hospital facilities ( the Existing Facilities ) and the refinancing of certain outstanding indebtedness ( the Outstanding Debt ) incurred by the Hospital in the acquisition or betterment of the Existing Facilities . 1 . 2 . At a public hearing , duly noticed and held on Dec . 2 and Dec . 16 , 1980, in accordance with the Act , on the proposal to undertake and finance the Project , all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project . Based on such hearing and such other facts and circumstances as this Council deems relevant , this Council hereby finds , determines and declares as follows : ( a ) A substantial number of residents of the Municipality are admitted to or are otherwise benefitted by the Existing Facilites . ( b ) The Project would further the purposes stated in Section 474 .01 of the Act . (c ) A reduction in debt service charges to patients and third party payors of the Hospital will occur -2- as the result of the proposed refinancing of the Outstanding Debt , thus benefitting the residents of the Municipality. (d ) The construction , furnishing and equipping of the Additions would provide increased opportunities for employment for residents of the Municipality and surrounding area . (e ) This Council has been advised by representatives of the Hospital that conventional , commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the Project would not he economically feasible , but that with the aid of municipal borrowing , and its resulting lower borrowing cost , the Project is economically feasible . ( f ) This Council has also been advised by representatives of the Hospital that on the basis of their discussions with potential buyers of tax-exempt bonds , revenue bonds of the Municipality could be issued and sold • upon favorable rates and terms to finance the Project . (g ) The issuance by the Municipality of its revenue bonds under the Act to finance the Project would be a substantial inducement to the Hospital to undertake the Project . SECTION 2 Determination to Proceed with the Project and its Financing N 2 . 1 . On the basis of information given the Municipality to date , it appears that it would he desirable for the Municipality to issue its revenue bonds under the provisions of the Act to finance the Project in the estimated total amount of $9 , 1.20 , 000 . x 2 . 2 . It is hereby determined to proceed with the Project and its financing , and this Council hereby declares its present intent to have the Municipality issue its revenue bonds under the Act to finance the Project . All details of such revenue bond issue and the provisions for payment thereof shall be subject to final approval of the Municipality by further ordinance ( s ) or resolution (s ) of the City Council , and the issuance of such revenue bonds shall be subject to the approval of the Project by the Minnesota Commissioner of Securities and may be subject to - 3- such further conditions as the Municipality may specify . The revenue bonds , if issued , shall not constitute a charge , lien or encumbrance , legal or equitable , upon any property of the Municipality , and each bond , when , as and if issued , shall recite in substance that the bond , including interest thereon , is payable solely from the revenues received from the Project and property pledged to the payment thereof , and shall not constitute a debt of the Municipality. ' - 2 . 3 . The form of the Application to the Commissioner of Securities , with attachments , is hereby approved , and the Mayor , City Clerk, and City Administrator are authorized to execute said documents in behalf of the Municipality . 2 . 4 . In accordance with Section 474 . 10, Subdivision 7a of . the Act , the Mayor , City Clerk , and City Administrator are hereby authorized and directed to cause said Application to be submitted to the Commissioner of Securities for approval of the Project . The Mayor , City Clerk , City Administrator , City Attorney and other officers , employees and agents of the Municipality are hereby authorized and directed to provide the Commissioner with any preliminary information the Commissioner may need for this purpose , and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project . SECTION 3 General 3 . 1 . If the bonds are issued and sold , the Municipality will enter into a lease , sale or loan agreement or similar .agreement satisfying the requirements of the Act ( the Revenue Agreement ) with the Hospital . The lease rentals , installment sale payments , loan payments or other amounts payable by the Hospital to the Municipality under the Revenue Agreement shall he sufficient to pay the principal , interest and redemption premium, if any , on the bonds as and when the same shall become due and payable . 3 . 2 . The Hospital has agreed and it is hereby determined that any and all direct and indirect costs incurred by the Municipality in connection with this Project , whether or not the Project is carried to completion , and whether or not approved by the Commissioner of Securities , and whether or not the Municipality by ordinance or resolution authorizes the issuance of the bonds , will be paid by the Hospital upon request . -4- 3 . 3 . The Mayor and City Clerk-Administrator are directed , if the bonds are issued and sold , thereafter to comply with the provisions of Minnesota Statutes , Section 474 .01 , Subdivision 8 . Adopted this day of , 1980. Mayor Attest : City Clerk The motion for the adoption of the foregoing _ resolution was duly seconded by Member and upon vote being tik thereon , the following voted in favor thereof : and the following voted against the same : whereupon the resolution was deu] ared duly passed and adopted and was signed by the Mayo: whose signature was attested by the City Clerk-Administrator . -5- MEMO TO : John K. Anderson , City Administrator FROM: Judith S . Cox, Deputy City Clerk RE : $600,000 I .R. Bonds for S & W Realty DATE : January 2 , 1981 Introduction On December 2nd and 16th the Council held a public hearing on an application of S & W Realty (Shakopee Shops) for $600,000 Indus- trial Revenue Bonds . On December 16th staff was directed to prepare a resolution giving preliminary approval . Background For your information , S & W did not use the Dorsey Firm as their bonding consultant , although they were informed at the onset that the City did require that they do so . They used Briggs and Morgan , Professional Association. Mr. Krass has carefully examined all the documents relating to the bond sale and has informed me that they are in order. Since the City does not have a written requirement that the Dorsey Firm be used , and since we are so far along in the IR bond process , I would recommend that we do not now require the applicant to use the Dorsey Firm and go ahead and give preliminary approval of the Industrial Revenue Bond request . Action Required Offer Resolution No . 1775 , A Resolution Reciting A Proposal For A Commercial Facilities Development Project Giving Preliminary Approval To The Project Pursuant To The Minnesota Municipal Industrial Development Act Authorizing The Submission Of An Application For Approval Of Said Project To The Commissioner Of Securities Of The State Of Minnesota And Authorizing The Preparation Of Necessary Documents And Materials In Connection With Said Project , and move its adoption . JSC/jms g /L • RESOLUTION NO. 1775 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The purpose of Chapter 474 , Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act ( the "Act" ) as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economi- cally sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (h) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (c) The City Council of the City of Shakopee, Minnesota ( "the City" ) has received from S & W Realty ( the "Company" ) a proposal that the City undertake to finance a Project hereinafter described, through the issuance of revenue bonds in the form of a single debt instrument ( "the Note" ) pursuant to the Act; (d ) The City desires to facilitate the selec- tive development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population ; and the Project will assist the City in achieving those objectives. The Project will help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; (e) Company is currently engaged in the business of owning and managing a shopping center located in the City. The Project to be financed by the Note is the renovation and expansion of the existing shopping center and will result in the employment of up to 25 additional persons to work within the new facilities; ( f ) The City has been advised by representa- tives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting low bor- rowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on Nov . 5 , 1980, a public hearing on the Project was held on Dec . 2 and Dec . 16 , 1980 , after notice was published, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474 . 01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statutes) , consisting of the renovation and construction of facilities within the City pursuant to Company's specifications suitable for the operations described above and to a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, Sc) as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Note in the total principal amount of approximately $600, 000 to be issued pursuant to the Act to ,finance the renovation and construction of the Project; and said agreement may also provide for-the entire interest of Company therein to be mortgaged to the purchaser of the Note ; and the City hereby undertakes preliminarily to issue the Note in accordance with such terms and conditions; 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises en- gaged in any business within the meaning of Subdivision la of Section 474 . 02 of the Act; that the Project furthers the purposes stated in Section 474 . 01, Minnesota Statutes ; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and 'to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not he as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community; A 3 . The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Corn- missioner of Securities, and subject to final approval by this Council, Company, and the purchaser of the Note as to the ulti- mate details of the financing of the Project; 4 . In accordance with Subdivision 7a of Section 474 . 01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities, requesting her approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require; r 5. Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company; 6 . Briggs and Morgan, Professional Association, acting as • bond counsel, and Juran & Moody, Inc. , investment bankers, are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Note as to the maturities, interest rates and other terms and provisions of the Note and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7 . Nothing . in this resolution or in the documents pre- pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Note shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Note or the interest thereon, or to enforce payment thereof against any property of the City. The Note shall recite in substance that the Note including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof . The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of the approval by the Commissioner of Securities and the issuance of the Note to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Note as Company considers • necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the be financed from the proceeds of the Note as Company considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Note if and when delivered but otherwise without liability on the part of the City. K Adopted by the City Council of the City of. Shakopee, Minnesota, this day of , 1980. Mayor Attest: City Clerk _ STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE I, the undersigned, being the duly qualified and acting Clerk of the City of Shakopee, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving preliminary approval to a commercial facilities development project . WITNESS my hand and the seal of said City this ___ day of 1980 . City Clerk (SEAL) 7a. MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox, Deputy City Clerk RE : Public Hearing for Assessment Against Ed Siebenaler Property for Work Done on the 79-2 Fourth Avenue Project DATE : January 2 , 1981 Introduction By prior resolution , the Council set January 6 , 1981 at 8 : 15 p .m . the time for a public hearing to consider an assessment against the Ed Siebenaler property for the looping of the Fourth Avenue Watermain Project from Minnesota Street to Dakota Street and from the railroad track to 7th Avenue . Background Mr . Siebenaler entered into an easement agreement with the City of Shakopee where in exchange for an easement to the City he would agree to pay not more than $5 , 750 .00 as his assessment for the benefit of the watermain to his four acre parcel . The City has advertised the public hearing and the Siebenaler ' s have been mailed notice thereof , just as we do public improvement assessment notices . Council should hold a public hearing and adopt the assessment just as if this was a public improvement . The assessment is being spread over 10 years at the rate of 87 , as was the assessment against all properties involved in the 79-2 Fourth Avenue Watermain Improvement . Recommended Action After closing the public hearing , offer Resolution No . 1779 , Adopting Assessments for Ed Siebenaler Property , and move its adoption . JSC/jms 17 RESOLUTION NO . 1779 A RESOLUTION ADOPTING ASSESSMENTS FOR THE ED SIEBENALER PROPERTY WHEREAS , a contract has been let and ar► improvement has been made for a watermain between Minnesota Street and Dakota Street and South of Fourth Avenue (79-2) , and WHEREAS , it was determined that the watermain should be looped from Minnesota Street to Dakota Street and from the railroad tracks south to Seventh Avenue , and WHEREAS , Ed Siebenaler provided the City with an easement , in order that this looped watermain might be constructed upon property owned by him, and WHEREAS , said easement provides that Mr . Siebenaler would pay an amount not to exceed Five Thoudand Seven Hundred Fifty Dollars and No Cents ($5 , 750.00) for special benefit by the watermain to his property which is described in Exhibit "A" , hereto attached , and WHEREAS , pursuant to proper notice duly given , the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessment of the Ed Siebenaler property for a water- main between Minnesota Street and Dakota Street south of Fourth Avenue (79-2) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That such proposed assessment in the amount of $5 , 750.00 against parcel number 27-906-5230-043-00 for the property described in Exhibit "A" , attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the land named herein and said tract is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it . 2 . Such assessment shall be payable in equal annual install- ments extending over a period of ten (10) years , the first install- ment to be payable on or before the first Monday in January , 1982 , and shall bear interest at the rate of 8 .0 percent per annum Resolution No . 1779 from the date of the adoption of this assessment resolution . To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31 , 1981 , and to each subsequent installment when due shall be added the interest for one year on all unpaid installments . • 3 . The owner of any property so assessed may , at any time prior to certification of the assessment 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) days from the adoption of this resolution ; he 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 . 4 . The clerk shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on said parcel of land . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1981 . Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1981 . City Attorney l)) MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox , Deputy City Clerk RE: Vacation of Easements in Minnesota Valley 3rd Addition DATE: January 2 , 1981 Introduction On December 2 , 1980, the Council adopted a resolution setting a time and place for a public hearing on the vacation of drainage and utility easements in Lots 3 through 7 of Block 3 , Minnesota Valley 3rd Addition . Background Lots 3 through 7 , Block 3 of Minnesota Valley 3rd Addition have been replated into Minnesota Valley 4th Addition. The developer has provided the City with a drainage and utility easement covering the plat of Minnesota Valley 4th Addition. Both the Planning Commission and the City Council have approved the final plat of Minnesota Valley 4th Addition . Before the plat of Minnesota Valley 4th Addition can be filed, the easements in Minnesota Valley 3rd Addition , Blocks 3 through 7 , must be vacated . Recommended Action 1 . Open public hearing and hear members of the audience . 2 . Close public hearing . 3 . Adopt Resolution No . 1780, A Resolution Vacating Utility Easements Lying Within Lots 3 Through 7 , Block 3 , Minnesota Valley 3rd Addition . JSC/jms 528 0/ • S?9922&7../y 3 I \ 1 9 k'I ,''; I , 4/8,47°, __ Minnesota Valley 3rd Add ' n2_ • •• • , /3/5& , o /2o.oo t (4 cj --;' C•1 \s) 2 18 . : ,)tiN ',,,?, 'c0 •" \O i /1/49,'Zi ' %I — I /P.f/222)/e : T- /7/ 0 NMn. Valley 4th Add 'n. ______ , ,,,, ,z1.0 , t____ _ _ C) ' c;, 17 rk-, •), iN, 3 L 4/8g`,72, - - ---- , tti -. , I • .,)- , 1,,, LI ).. 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N, /20•0.6- _ THIRTEENTHi ci Li 487 - Y ' 8,00-1P r 1,99,j-O 0 \ „......,................_ . . . . . . • 28,;,,,,,,.. ... . . .1% . -., 'is • ()\I ! - -N, „c"` i •_,:i p :'-: , _ :. ._ /2007 /0002 5-592 8/1 2 '' '' 3 3 • l. ! - . 1 ,. . t ' a0 ta.;,..... - .• 653 66 $c96°s6-%a"ii/ - - - frAiiiimbiuk, -;-:, , ,41.7.'°'e'sweql,,,,- - ' • ,,v,:,,,,,-1"l' 4 t v ii',‘','t;''',:;'7,,?Pe":"IlVai'340;:, 0 ,qt,,..k,t4'4.44404 ,NaLitZlitAtti;,..,-...A.aekuon44114iaiiii4giati010401a' s'.1,- • � o RESOLUTION NO . 1780 A RESOLUTION VACATING UTILITY EASEMENTS LYING WITHIN LOTS 3 THROUGH 7 , BLOCK 3 , MINNESOTA VALLEY 3RD ADDITION - " on WHEREAS , the plat of Minnesota Valley 4th Addition , which has been approved by the City of Shakopee and presented to the County Recorder for recording, is a replat of Lots 3 through 7 of Block 3 , Minnesota Valley 3rd Addition , and WHEREAS , the City has received from the developers of Minnesota Valley 4th Addition, all necessary drainage and utility easements , and WHEREAS , it has been made to appear to the Shakopee City Council that the drainage and utility easements lying within Minnesota Valley 3rd Addition to the City of Shakopee hereinafter described will serve no public use or interest after the filing of the proposed plat of Minnesota Valley 4th Addition , and WHEREAS , the Council has set a date for a public hearing at which time to consider said vacation and due notice of the hearing has been given , as prescribed by law , and WHEREAS , all persons desiring to be heard on the matter were heard at the public hearing in the Council Chambers in the City of Shakopee , and WHEREAS , the Council has been fully advised in all things . NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA: 1 . That it finds and determines that the vacation , hereinafter described , is in the public interest and serves no further public need , 2 . That the drainage and utility easements lying within Lots 3 through 7 inclusive , Block 3 , Minnesota Valley 3rd Addition as platted and recorded in the office of the County Recorder , Scott County , Minnesota , are hereby vacated , 3 . That, after the adoption of this resolution , the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County . Resolution No . 1780 • Adopted in regular session of the City Council of the City of Shakopee , Minnesota , held this 6th day of January , 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney 9c MEMO TO: John K. Anderson , City Administrator FROM : Judith S . Cox, Deputy City Clerk RE : 1981 Pool Table Licenses DATE : January 2 , 1981 Introduction : Pool Table Licenses are renewed annually at the beginning of the year . Background : I sent applications for renewal of pool table licenses to the five establishments currently holding a pool table license : Shakopee Bowl , R . Hanover , Inc . , Shakopee House , Abeln ' s Bar and House of Hoy , Inc . To date I have received applications from Shakopee Bowl for two pool tables , Abeln ' s Bar for one table and the Shakopee House for one table . Should I receive additional applications prior to the January 6th meeting, I would hope that the Council would consider them also . Recommended Action : 1 . Approve the application and grant a pool talbe license for 1981 to Shakopee Bow1 ,222 East First Ave . , for two pool tables . 2 . Approve the application and grant a pool table license to Abeln ' s Bar , 220 West 2nd Ave . , for one pool table . 3 . Approve the application and grant a pool table license to The Shakopee House , 1583 East First Ave . , for one pool table . JSC :plk Ci(j MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox , Deputy City Clerk RE : Applications for On Sale and Sunday Liquor License for Empire Vending & Music Company , Inc . DATE : December 31 , 1980 Introduction The City has received applications from Empire Vending and Music Company, Inc . for an On Sale and a Sunday On Sale Liquor License , to be located in the Minnesota Valley Mall where Garcia ' s is now located . Background The Police Department has done a background check on the sale stockholder, Thomas Green , and recommends issuance of the licenses . I have received the appropriate fees , and the insurance policy is in order ; however, the bond is not in order at this time . It is hoped that the bond will be in order by the January 6 , 1981 meeting and if so, the Council could consider the applications . Recommendation 1 1 . If bond is in order : Approve the applications and grant an On Sale and a Sunday Liquor License to Empire Vending & Music Company , Inc . 1145 Minnesota Valley Mall , upon surrender of the liquor license now held by Garcia ' s Inn Inc . , no later than January 9 , 1981 at 4 :30 P .M. 2 . If bond is not in order : Table the applications for an On Sale and a Sunday Liquor License for Empire Vending & Music Company, Inc . JSC/jms ?42,) MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox, Deputy City Clerk RE : New Stockholder of House of Hoy Inc . DATE : January 2 , 1981 Introduction I have been informed by Mr . Walter Joseph Wilinski that he intends to purchase the stock of House of Hoy Inc . from Paul A . Scherber . Background Since this proposed change is internal (change of stockholders) rather than a sale between corporations or individuals , it is not a new license . Mr. Coller has explained that the Council can approve of the new stockholder , but there will be no approval of issuance of a license , since the corporation itself already holds a license . Mr . Wilenski has completed the Police Department General Informa- tion Application and the Police Department has completed a back- ground investigation and as a result of such has recommended approval . Recommendation Motion to approve Mr . Walter Joseph Wilinski as the new stock- holder of House of Hoy Inc . JSC/jms f ' ` `�` Citgo of Shakopeeg -9" " '- " /%` 5,A K o ` POLICE DEPARTMENT ENT `�.', / NES "1 lei .Aim �� � ,, 1i/, _ ; 476 South Gorman Street �` J `, qi SHAKOPEE, MINNESOTA 55379 ;';‘: - P ' •-.41Tel. 445.6666 O i I CE . j`� c 1. 11: 14. `'1 TO: Mayor, Council Members FROM: Thomas Brownell , Chief of Police DATE: January 2 , 1981 SUBJECT: On Sale-Sunday Liquor License Application A background investigation has been conducted relative to an On Sale-Sunday Liquor License application submitted by Walter Joseph Wilinski Jr . No information was developed which would indicate denial of a license to be appropriate. I recommend issuance of a license to the applicant. Sincerely, Thomas G. Brownell CHIEF OF POLICE TGB:dmh /O �E2VE ) �20/tct MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox , Deputy City Clerk RE : Bingo and Gambling License Applications from the American Legion DATE : December 30 , 1980 Background We have received applications from the American Legion for both a bingo and a gambling license for calendar year 1981 . I have checked with the Chief of Police and he has no problem with the renewal of the licenses . The Legion has conducted bingo games for a number of years in this community without any problems . The fees and appropriate documents required to be filed with the City have been filed and are in order . Recommendation Approve the applications and grant a gambling license and a bingo license for 1981 to the American Legion Post #2 , 1266 East First Avenue . JSC/jms MEMO TO : John K. Anderson, City Administrator FROM: Judith S . Cox, Deputy City Clerk RE : Official Newspaper DATE : December 31 , 1980 Introduction One of the actions which needs to be taken at the first Council meeting of the year is the designation of the official newspaper for the City of Shakopee . Recommended Action Move to designate the Shakopee Valley News as the official news- paper for the City of Shakopee for the year 1981 . JSC/jms CVL MEMO TO : John K. Anderson , City Administrator FROM : Gregg Voxland , Finance Director RE : Payment for Tank (New Fire Truck) DATE : December 22 , 1980 Introduction Council has previously accepted the quotation of Yarusso Manu- facturing for the building of a tank for the new Fire Department tank truck. The tank is complete and on the truck . The Fire Department is putting on the finishing touches before the truck is put into service . Recommendation Request council to authorize payment to Yarusso Manufacturing in the amount of $7 , 160.00 as per quotation . GV/jms 00 MEMO TO: John R. Anderson , City Administrator FROM : Jeanne Andre , Administrative Assistant RE : Model Main Street Program DATE : December 18 , 1980 Introduction A notice appeared in the December issue of the Housing and Community Development Briefs regarding a Model Main Street Program proposed by the Office of Local and Urban Affairs of the State Planning Agency (see notice attached) . I con- tacted John Morse of that office to see if Shakopee could reasonably be selected . Background Mr . Morse provided the following information regarding the type of city the agency hopes to select and the objectives they will try to achieve in the operation of the program . The city will probably have a population of 2500 to 25 ,000, have some type of organization with downtown revitalization as a priority area of interest and one person who can coor- dinate efforts . The City should be ready-to-go , but without very specific plans in mind . The type of assistance the State Planning Agency will pro- vide includes fact-finding and organization . This could include market information and an approach to planning and implementation - without actually carrying out the full planning process . They also have a little money to bring in consultants if special problems are encountered . Recommendation This sounds like an ideal program for Shakopee considering the current interest in downtown revitalization . As the application form is so brief , very little effort needs to be expended to notify the agency of the city ' s interest . The only committment needed by the city is to become part of a support network for downtown revitalization in other cities . Therefore I recommend that the Council authorize staff to submit an application to participate in the Pilot Main Street Program of the Office of Local and Urban Affairs , Minnesota State Planning Agency . JA/jms attachment , 71,4' Recommendations for Funding Source Downtown Development Representatives • HUD should expand information provided to planners, Awards Competition Open city managers, and other local officials on CDBG and housing guidelines, including specific recommendations The Downtown Research and Development Center on how and when these dollars can be used directly or recently announced its third annual downtown develop- indirectly to support human services; reconsider its ment awards competition, designed to honor private or mandate that comprehensive CDBG grants be awarded public sector developers whose innovative efforts have only to communities that can designate a neighborhood helped revitalize downtown areas of cities and towns. Of strategy area; and eliminate the provision that a crucial importance is how the project enhanced the community seeking funds to do"public service"projects be downtown economy, environment, and job base. denied funding from other sources before requesting Only completed projects (or those with a significant, CDBG funds. discrete phase completed) are eligible. Previous awards • The Minnesota State Department of,Education should have gone to developers in Mankato as well as Baltimore; Washington, Pennsylvania; Frederick, Maryland; give more emphasis to disseminating Community Education funds in the state with regard to human services, Middletown, Ohio; Eugene and Portland, Oregon; and and investigate the charges that some Community Philadelphia. Education programs pay excessive rent for school building Entry forms must he submitted to the Center,along with use, thereby siphoning off the CE dollars for regular a $75 fee, by January I, 1981. Detailed supporting education programs. materials that answer the question "In what ways did this For a free copy of the full report or more information project benefit its downtown?"are encouraged. For entry contact Jim Franczyk, Coordinator of Human Services forms or more information, contact Mary Dalessandro, Policy Research, State Planning Agency, 101 Capitol Coordinator, Downtown Research and Development Square Building, St. Paul, MN 55 101 (612/296-4849). Center, 27() Madison Avenue, New York, NY 10016 (212/889-5666). The answer to the question of whether downtowns will survive is an emphatic"Yes." The main issue is how to ensure that public and private leadership will form a partnership in individual communities to make sure that main streets do survive and thrive. —Irwin L. Davis Model Main Street Program Proposed The Office of Local and Urban Affairs is planning a model Main Street program for facilitating downtown revitalization in Minnesota's smaller cities. While the long-range goal of this program is to establish a support network of downtown resources for small cities, the immediate objective is to develop a limited pilot program. The pilot program would consist of a series of workshops,held for two selected cities and tailored to their particular needs and goals, to identify: • the types of people and organizations needed to initiate a downtown revitalization program • the elements needed for forging a solid public/private partnership • the steps necessary to prepare a downtown or "main street" plan • the methods and resources needed to implement the plan Two cities will be selected for the pilot Main Street program by the end of February, with the workshops scheduled to begin in the spring of 1981. Cities interested in participating should submit the short application form below by January 15, 1981. For more information,contact John Morse,Office of Local and Urban Affairs, State Planning Agency, 200 Capitol Square Building, St. Paul, MN 55101 (612/296-2532; Toll-free, 1-800-652-9747). e 1'1LOT MAiN STREET PROGRAM is interested in the Main Street Program. (Name of City) name of local organization with downtown revitalization as a priority area of interest. name and phone number of person(public or private sector)committed to downtown revitalization and available to work on the pilot program. Applicants must agree to participate in 3 or 4 workshops during the course of the program and must he willing to he part of a support network for revitalizing downtown areas in other communities. Return this application form by January 15, 198/ to:John Morse, Office of Local and Urban Affairs, State Planning Agency, 200 Capitol Square Building, St. Paul, MN 5510/. PA MAN-e.-a®-0.LMMMAN M'3 SAM man WML.Ai®®®MA®MM MAN VT7 B'.£7 EZN=°9. CCM ENO ORM NMmaw G•:9MAN=M®@Ca IMS MEMO TO : John K . Anderson , City Administrator FROM : Jeanne Andre , Executive Director RE : Sale of Ambulance Leased to St . Francis Hospital DATE : December 22 , 1980 Introduction The City purchased an ambulance in 1970 which has been leased to St . Francis Hospital for emergency services . The hospital now wants to terminate the lease agreement , thereby leaving the City with the question of how to best dispose of the ambu- lance . Background In 1970 the City of Shakopee purchased an ambulance for the sum of $8 ,890.00. Half of the funds for this purchase were provided by local business and service organizations . The other half of the funds were provided under a grant from the National Highway Safety Act , administered by the Minnesota State Department of Public Safety. Terms of the grant require that the vehicle be used as an ambulance and that proper main- tenance and insurance be provided for the vehicle . The City entered a lease agreement with St . Francis Hospital that indi- cated that the hospital would operate the ambulance and provide appropriate maintenance and insurance . The City still holds the registration of the vehicle . The hospital recently purchased a new ambulance . With this new ambulance and another ambulance purchased since 1970, the hospital no longer needs the City ambulance even for back-up . Therefore the hospital is terminating the lease agreement , which places the ambulance back in the control of the City . As the City has no interest in operating its own ambulance service , the most likely course of action is sale of the ambulance . The hospital has requested that the City donate proceeds of the sale of the ambulance to help defray the cost of the new ambu- lance , which cost $38 ,000. (See attached letter) . This seems like a reasonable request since funds originally contributed by local groups and businesses were intended to go toward the provision of ambulance services . However there are certain restrictions on the use of proceeds of the grant funds . Regula- tions regarding the sale of items purchased under a grant include the following provisions : 1) the City can collect 10% or $100.00 (whichever is more) for the administrative expenses involved in the sale of the vehicle ; 2) after administrative expenses are subtracted from the proceeds , 50% of the remainder would belong to the City with no restrictions (because the City was responsible for providing a 50% match, in this case provided by local business and service organizations . ) ; 3) the other 507 of the proceeds must be spent by the City for a traffic safety expenditure . _ As an example , if the ambulance is sold for $1 ,000, $100 would go toward administrative expenses incurred in the sale of the vehicle , $450 would go directly to the City with no restrictions , and $450 would be required to be dedicated to expenditures for traffic safety . A donation to St . Francis Hospital for purchase of a new ambulance would not satisfy this last requirement . Examples of expenditures likely to be approved include : police training, traffic safety meetings , EMT training, radar equipment . Alternatives The City Council can keep the ambulance or arrange for its sale . If the ambulance is sold , the proceeds can be kept in the capital equipment development fund or the portion that the City controls can be donated to the hospital . Recommendation The City Council authorize the staff to take steps necessary to arrange for the sale of the ambulance . The City Council authorize the City Administrator to contact St . Francis Hospital and inform the Executive Director that the ambu- lance will be sold and the City Council plans to donate funds to the hospital to help defray the cost of the new ambulance . The exact amount of the donation to be determined by the amount recap- tured from the sale of the ambulance under the grant regulations . JA/jms / . St.Francis Hospital 325 WEST FIFTH AVENUE/SHAKOPEE,MINNESOTA 55379/(612)445-2322 December 19, 1980 Mr. John K. Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr. Anderson: On June 23, 1970, the hospital entered into an agreement with the City of Shakopee to lease a 1970 Chevrolet ambulance. This agree- ment is still in effect. Recently the hospital purchased a new ambulance, capable of providing Advanced Life Support Service, to replace the 1970 ambulance. Therefore, please consider this letter as our thirty day notice to terminate the lease agreement. Upon termination of this agreement the vehicle will be returned to the City. We would like to ask the City to consider donating any proceeds from the sale of the 1970 vehicle, if it is sold, back to the hospital to help defray part of the cost of the new ambulance. The cost of the new ambulance was approximately $38,000. We understand that there were some federal funds used in the initial purchase of this 1970 ambulance which may complicate matters. If there are any questions, please contact myself or Mike Sortum. Sincerely, Sistet Agnes Ottig, Executive Director SAO: fpl cc: Eldon Berkland, Ambulance Supervisor SPONSORED BY THE FRANCISCAN SISTERS OF ST. PAUL, MN 1MIEMO TO : Mayor and City Council FROM : John K. Anderson, City Administrator RE : Contract for Electrical Inspection Services DATE : December 30, 1980 Introduction Roy N . Baker has been doing the City ' s electrical inspections for a number of years . For much of that time Roy operated under a contract with the State Board of Electricity , and he inspected for a number of cities . That contract is no longer in force and the City should replace it with its own contract . Proposed Contract The proposed contract was drafted using Mr . Baker ' s contract with the State as a guide and is very similar to that document . The contract has been reviewed by Mr. Baker and the City Building Inspector and both feel that it properly reflects the responsibil- ities Mr . Baker is to perform. The method of payment is the same one we have used in the past under the State contract . Alternatives 1 . Continue to operate without a contract . 2 . Approve the proposed contract which keeps the present working relationship but formalizes it . 3 . Modify the contract or draft a new one . Recommendation The City has had an excellent working relationship with Mr . Baker, therefore , I recommend alternative #2 , approval of the attaches? contract . JKA/jms attachment CONTRACT FOR ELECTRICAL INSPECTIONS 1:4C CITY OF SHAKOPEE Roy N . Baker , 1110 South Division Street , Northfield , Minnesota , 55057 is hereby appointed an electrical inspector for the City of Shakopee to serve at the pleasure of the City Council . The City of Shakopee acknowledges receipt of his electrical inspector ' s bond in the amount of $1 ,000 payable to the City of Shakopee in case of default . As such inspector , he hereby agrees to enforce the Minnesota Electrical Act , the Rules and Regulations of the State Board of Electricity thereunder and the appropriate ordinances of the City of Shakopee , as pertaining to the licensing of electricians and inspection of electrical installations . The rate of compensation for his services shall be 80% of the electrical inspection fees collected by the City of Shakopee . In addition to any other rules , regulations or directives promulgated or issued under authority of the City of Shakopee , he hereby agrees to comply with the following rules : 1 . Report to this office when called upon . 2 . Supply the City of Shakopee with a verification of automobile liability insurance on Form 1927 in the amounts of not less than $50 ,000 for any one person , $100 ,000 for any one accident for personal injury and $10,000 for property damage . 3 . Supply a monthly report of inspections completed . (Payment shall not exceed percentage of work completed) . 4. Deposit with the City of Shakopee any inspection fees received in the field . 5 . Delegate authority and responsibilities to no one except duly authorized representatives of this office upon request . 6 . Keep a Journeyman or Master electrician ' s license in force at all times . By this appointment , the City of Shakopee places trust and authority upon Roy N . Baker as art independent contractor qualified and certified as such to make electrical inspections in behalf of the City of Shakopee in the geographical area defined by the City ' s corporate limits . This certification shall be dated concurrent with said bond , which shall terminate on December 31 , 1981 , unless amended or withdrawn previous to that date by the City of Shakopee or its duly authorized agents . Approved by the Shakopee City Council this day of , 1981 . SIGN ONE COPY BELOW & RETURN CITY OF SHAKOPEE .v vg2 Insp- '.toy ' s Signature Mayor ///G',.5:6' S Present Address ` �r.5--7 City Administrator City Clerk E .e0I re.„ CITY OF SHAK V PE 129 East First Avenue, Shakopee, Minnesota 553799f—e /Ci7kI «`� MEMO TO: John K. Anderson, City Administrator FROM: Larry D . Martin, City Assessor SUBJECT: Personnel DATE: 12-22-80 Introduction : • The recent termination of the cities C . E . T.A. position has left the Assessing Department with a gap in it ' s workload distribution. As you know, the mainstream of George Johnson' s activity for the City of Shakopee was, ( 1 ) conducting field inspections, ( 2) routine clerical-type duties. Because it is unlikely that we will be able to fill this gap with someone of Georges caliber, re-analysis of the departments personnel make up is necessary. Background: The first step in this analysis is to lay out the duties that will have to be shifted or assumed by new personnel as tot_lown : 1 ) Field Inspection Duties A) Annual 25% (approximately 1 , 000 parcels @ 20 per day = 50 working days or approximately 21/2 months) B) New Construction ( roughly 300 permits per year @ 15 per day = 20 working days or approx . 1. month ) 2 ) Clerical-Type Duties A) The following duties are fairly routine and require regular attention 1 ) Records Upday i . e. property ownership , legal desc . 2) C .R .V. handling 3) Sales Ratio Calculations 4) Updating Permit Lists 5) Updating Ownership Maps 6) Updating Sales Maps Page 2 ?' „,1 3 ) Special Projects A) Farm Land Regrading ( completed for 1980 assessment ) B ) Preparding new ownership maps ( 4 , 000 parcels @ approx . 100 per day s 40 working days or approx. 2 months) C ) Preparding new sales maps( this project is presently roughed out and will probably require 1 to 2 weeks attention to transfer data from rough map to final product . ) D) Address Cross Reference File( this project is just entering the exploration stage. It ' s need stems from the probable introduction of computer technology to the Assessing Dept . in planning this project examples will probably be obtainable from communities in Hennepin Co. A data base may be obtainable from SPUC . ) E) Property Data File( This project is on a start and stop phase at this time . Both LeRoy & George have worked on it when time is available. To project a time frame requires a more definite plan of action. ) ALTERNATIVES : With the presentation of the foregoing data, we can draw the following alternatives . 1 ) Continue with present personnel and shift duties. Hire part time help for 25% annual inspection. BUDGET EFFECT : We are budgeted for part time help in 1981 in the amount of $3 , 000. 2 ) Continue with present personnel and shift duties. Hire part time help for -Clerical Duties . BUDGET EFFECT : $3 ,000 in 1981 budget . 3) Continue with present personnel and hire an appraiser trainee to assume terminated position duties. BUDGET EFFECT : requires money not available in City budget ; C .E . T .A. program • is a possibility. 4) Continue with present personnel , shift duties and hire clerical help . BUDGET EFFECT : Required money not available in City budget . C . E . T. A . Program iu a possibility Page 3 SUMMARY: Alternatives #1 & #2 are both viable possibilities. However, because they are both short term the effect on the workload distribution would be minimal . Service deterioration is probable. Alternative #3 is most desirable and would have the maximum effect on the workload distribution, however, City money is not available. Further, it is rather unlikely that we could establish a position of this caliber through the C .E . T.A. funding. Alternative #4 is the second most desirable . City money is not available , however, if C .E . T.A. funding is available I believe a clerical position could be filled especially if we highlite the educational support that C .E .T.A. provides. RECOMMENDATION: I believe the most practical solution is Alternative #4, seeking C .E.T.A. Funding. The person filling this position would assume the clerical duties described earlier along with working on the special projects planned. Direct supervision will be provided by Phyllis with indirect supervision from the City Assessor. Field inspection duties will be assumed by the City Assessor. Some of the positive effects of this alternative are as follows : 1 ) Desirable workload distribution which will aid in maintaining quality of service . 2) Part time money now budgeted will be kept in reserve for possible overload 3) The temporary nature of the C .E . T .A. position will allow us personnel flexibility during the planning stages of automation. The only negative effect produced by this alternative that comes to mind is the loss of time by the City Assessor in the areas of managing duties, special requests & projects ( i . e . Lindemann condemnation, Plekkenpol appeal , etc . ) Again one of the most important aspects of this alternative is the flexibility it will provide, as the time draws near when the City will decide if computer technology is necessary for our Assessing department, and if the City decides to pursue this this technology our demand for personnel will undoubtedly experience fluctuations. LDM: plk vu- a°'./t,_ , • November 21, 1980 �yy` ter, The Honorable J. Edward Quest r Mayor of Dccphaven 20225 Cottageaood Road Excelsior, MN 55331 DEe 2 4 Dear Sar: „ The Metropolitan Waste Control Commission is desirous of improving and expanding its communications with the over 100 local units of government it serves in the seven county metropolitan area. When the Metropolitan Sewer Act was enacted by the legislature over a decade ago, it provided for the establishment of Sewer Service Area Advisory Boards (SSAAB) for the purposes of reviewing, casting and advising the Oimission on its various activities. The Comrmission would like to re-activate these service area advisory hoards, therefore we would like to suggest that you and your council appoint a member of the council or an employee to serve on this Advisory Board. The responsibilities of the Advisory Board would be to review and Garment on such matters as the cost allocation system, operating budgets, capital improvement programs, air/water quality standards, future wastewater standards and related operating and capital costs, and other such matters that would require review and ozaanent. In aaaition, many of the problems and misunderstandings that occur frau time to time may be better handled in this process. We would appreciate it very much if your appointment can be made by January 10, 1981. If you have any questions, please call Mr. Anthony C. Cnerre at 222-8423. This suggested procedures is not intended to be a forrral organization with decision making or policy powers, for that would be contrary to the laws of the State which impose upon the Commission these responsibilities. Rather, this is an effort to gain the advice and knowledge of the communities pities and to share with the communities facts and expertise available to the Commission in as expeditious a way as possible. • Your cooperation on this matter will be greatly appreciated and should provide a greater opportunity to serve the people of this region in a rrore productive and efficient manner. Attached is a schedule identifying communities within each service area. Because of the variations in size, each SSAAR may well set up different procedures and meeting schedules; we would hope that there would at least be semi-annual meetings by each. Ve_y truly yours, 550 MET RO/OURRE BLDG. ! Salisbury Adams 7TH&ROBERT/TREET! CrmaLZTIaTl /FM PPUL Mn 551O1 612 222.8423 SA:pd cc. Commissioner representing service area ?/712/18/$0 Memp To John Anderson Subject : Acquisition Q'D y d Lake IslandB From Federal Government Introduction During the past two years I have corresponded with with Mr Jerome Heinz of the Federal BLM Office in Duluth regarding their transfer o:f ownership of five of the islands on O'Dowd Lake in Scott County, City Of Shakopee, to the City Of Shakopee. In addition last spring while the League Of Minnesota Cities was convening in Convention at Duluth Na- Doug Reeder visited with Mr Heinz regarding this subject. In no way are they able to properly supervise this land or many others around the country that they are responsible far. As a result they are sympathetic to the idea. This whole idea of transfer of ownership is being initiated by them. The islands are contiguous to the City's present park land. Its include the large four acre island on the sout C of the lake . It does include four very islands and the larger one at the end of the point. Backgroun For any transfer to take place the BLM needs to develop a plaza. Public drop-in type hearings have been scheduled including one in St Paul on January 8. If we wish to proceed in this transfer we should be represented. In light of last spring's reversal of direction by our City Council regarding park acqui- sition at O'Dowd Lake we need to determine if we should proceed in this process to acquire these islands. This would not involve any dollars. CA Alternatives 1 . Proceed with plan of acquisition working with BLM leadership at the Duluth regional office. 2. Drop the whole idea. D` Recommendation Proceed with plan of acquisition (or transfer of ownership ). The property is basically contiguous to present owned park land and therefore is compatible. No other governmental agency is in a position to properly supervise this land. Potential negative factors could be a problem, for the future park and therefore be a detraction. George F. Muenchow Attachments •t y =i ♦ •I' ; i t i y • �► r rytig f�n l }�-k X •711'4l f' ,{Kt r A 'i�••:!'i Sj .K i .Jt•+'•. o # r J Sr,� •, AA J ., • 1 ,41-$40 ••' Y 7)---a °! I t,s T," I R t { s n. J'S. 2 ,e{.r J1`: 1 i♦ •. C' Vp h I ,y,r 1.;.i .1 1 ,4. tri'44:-:'' s '' .;.'N ��1lt yr '} M. ., r Y . 1 • r ' a y • a y}d4.: i" � y\r{ "S 1 i "� {h7 1.{ �IIi � ) tk f [ _r dj + cam. ~ .j' s },. +.. r I , fy`5 ..1 Q { {, t.$ ; '!t' r y''''4f'.-J,..- 3'`]F M r }fid C�` Jrx�"J:' • +, +�t ',: ,{ i,,;tf i'r."ec'1 -s ;7u` t -0 . •:,7314-...,::,,,..,0,— • •t'� i I s ..sq, I,:�'r24' •. • .- r- ' , ". ,...4 p. 0,;Cy,F.)':•• 1 y �' �J� r, i � 'y!. �+ ,..a +1", Y,4,„. .,7` /l' 1}kWl i �,Jl.: tt �g,�{}; ,.ry,a 4�L , y ,,y, ,rr. �: tb� • • •• kn '-'i',-4 0,, v ; ,0*'$1 OF.j� IN REPLY REFER TO % -� ! .. , . 7 It/ 1605 (080) If you wish to comment or inspect the management plan, but are unable to attend a workshop, you may call or visit the Lake States Office in Duluth from 8:00 a. m. to 4:30 p. m. , Monday through Friday. If you have questions or would like more information, please contact Larry Johnson, , Environmental and Planning Coordinator (218) 727-6692, extension 378. Sincerely, . 4_ ..._.6,,,,,,,,,..„.(7,cez. Jerome M. ei.11z • Manager Attachments: • PUBLIC WORKSHOP SCHEDULE DATE TIME PLACE Monday, January 5th 1-5 p. m. Room S-108, Science Building, Rainy River Community College Highway 11 and Highway 71 International Falls, MN. Tuesday, January 6th 1-5 p. m. Room A -303, Administration Bldg. Fergus Falls Community College Fergus Falls, MN. Wednesday, January 7th 1-5 p. m. Room 317 Brainerd Community College College Drive at SW 4th Street Brainerd, Mn. Thursday, January 8th 1-5 p. m. Room 166 Earle Brown Cont. Ed. Center University of Minnesota 1890 Buford Avenue St. Paul, MN. Tuesday, January 13th 1-5 p.m. Bureau of Land Management Lake States Office 125 Federal Building Duluth, Minnesota 55802 ..........— ..„,!.........., • .______L__ ... ?'•tik ". -I ct T° r, f*cv fti I G, - y U 70 rri IP 111 rU jC3 "a .-. 10 1�i i,� � Fri .."1 T L- Q aro � � 0 1 O -Ti1 U �t� y /� i 7�C7 —1 �{ .. i M rT 1 I ^) ' (7 I i 1 ' (� ri c) Z r. Z -G 7C3 Gr )pCr {r1 -P'.. "� n In r%N Z . . tn IU' F c- r— In ,.• • r ' 0 .. 1. • cr;`V '/ ,--ii <I i =• P I y = 1- rF7N, " ' - 1o r,1 till` r 1 ; U i I . g. v 0 �` c • .� `p 'C ' O i • Y c .. n;,:i r r- (Th -� U C j VO , cp r- F ';;- ;5- ' Tni-. rl ! r-)". _L" r6 1::;-: -7ki 1 � ! , 1 b I G� } +, >.7 N O ,7b --1 Z J, i� H 1 0 ' I � i �7_ �,-i 0 ow c4' i. I ' r O N 1 f ...1• l 1 -r t. I 11 '11 :{ q Sr 7° "IA c ? M L� " rJ1 • 17 D I C) UI I it ./I - J kp ' , •C 1 e ' 7C7 MEMO TO : Mayor and City Council FROM: John K. Anderson, City Administrator RE : Eastview Development DATE : December 23 , 1980 Introduction On Thursday, December 18 , 1980, Walt Harbeck, Eldon Reinke , Doug Reeder, Bo Spurrier and I met with Bill Chard to clarify the issues involved in the Eastview development with the intention of solving as many of them as possible . Issues 1 . Bill Chard wanted to know how the final quantities compared with the estimates which would affect final assessments . Bo reported that the project has not been completed and that. final quantities were not yet available - miscellaneous work to be done includes alleys , storm sewer, final clean-up and seeding. Bill asked to be sent final quantity and cost figures . 2 . Eldon asked who would pay for the extra work done to redo the water and sewer lines . Bo said that the total cost to the developer will not change due to the extra work on the utilities and that the only changes in the developer ' s cost would be due to final quantities . 3 . The question was asked about how the present assessments were determined since the assessments were spread before final costs were in . The Mayor noted that the City went into the project with its eyes open knowing that it would have to set an assess- ment that wasn ' t based upon actuals , but engineer ' s estimates . He also noted that the philosophy at the time was to reassess the project if costs were way out of line , but that if there was a small difference the City would absorb it . 4 . Eldon asked about the status of the watermain leak. Bo stated that the leak was caused by a rock caught in a curb stop and that there was no real damage that might add to project cost . Bo also stated that the problem had been fixed and the line passed a second pressure test and was 100% complete . 5 . Several questions were raised about the actual assessment costs for the various lots . Bill Chard and Doug agreed that the Shakopee Avenue assessments had been set at $3074 .47 and that the other lots were to be assessed $6282 . 92 (includes the homestead on Shakopee Avenue that didn ' t receive new sewer and water service) . At this point staff brought up the fact that the 1976 storm sewer assessment and the 1974 street assessment hadn ' t been spread over the 48 lots and should be spread immediately . Bill stated that as per an agreement when he purchased the parcel , ' he paid the assessment on the larger parcel that had been green acred, and that he had just received the assessment bill for 1981 . Thus , any assessments spread over the 48 lots for the two assessments would be for payable 1982 assessments . Two problems resulting from this were discussed : Bill was paying assessments on a parcel that had been subdivided and no longer existed (it was now 48 lots) and that technically lots already sold on Shakopee Avenue owed an additional $883 . 59 per year and the balance of the lots owed an additional $212 .00. These lots presented the biggest problem and Doug suggested that perhaps the best way to handle them was for Bill to pay the balance of the assessments due on these lots . Bill stated that all of the lots he had sold were subject to a title search by Rod Krass ' s firm . 6 . Bill Chard questioned why we were charging him 8-3/4% for interest on the assessments when the Developer ' s Agreement called for 8%. It was explained that the 8% was a preprinted number in the agreement that should be left blank, because City policy requires a charge of 2% over the cost of the bonds . 7 . Bill questioned the interest charged him for interim financing when : (1) the bond sale proceeded the actual work and hence actual expenditure of the bond proceeds by several months , and (2) precisely when in the project financing did we start charging him interest . To clarify these issues Bill asked if he could receive a chronologicallisting of key project dates . 8 . Bill stated that he felt that "someone" was eligible for liquidated damages in the project at $100/day for some 90-100 days because of project delays . It was the consensus of those in attendance that it was up to the City to make any such claim and that if Bill was unsatisfied with the action taken he could take whatever steps he felt appropriate . 9 . John Anderson , concerned about comments made about one of the lots sold on Shakopee Avenue , stated that all lots sold would be treated equally and would pay all the assessments due . Summary & Recommendations Issues number 1 , 2 , 4 and 9 were clarified at the meeting and need no further action . Issue number 3 can only be clarified when final invoices are paid and copies of the total project cost are reviewed by Council . Council can then determine if a reassessment is neces- sary . The same figures can be sent to Bill as per his request (see issue #1) . Issue #5 regarding assessments due on lots already sold (ie . 74 and 76 assessments not spread when the parcel was subdivided) is a problem. Bill stated that he had a commitment to pay the assessments because of what he told the• purchasers , but there appeared no way , other than by prior agreement with Bill , to get the assessment paid in full . This will not be the case with the balance of the lots yet to be sold . Issue #6 regarding the 8-3/47 vs . 8% interest charged all assess- ment payments and issue #8 regarding liquidated damages can only be cleared up with a Council policy decision and/or an agreement between the City and Bill Chard . Issue #7 can be calculated and the numbers presented to Council for their consideration . Any decision Council makes on this issue , however, will have a long term effect on all projects for which bonds are sold in advance of construction (eg . VIP Sewer Project) . Bill Chard should receive copies of the data he has requested re- garding this issue . It is my recommendation that the City enter into an agreement with Mr . Chard to resolve issues #3 , 5 , 6 , 7 and 8 . In the agreement I would recommend that the City take the following positions on the issues : Issue #3 That a copy of the Engineer ' s final project costs be sent to Mr . Chard for his information , and that Council take formal action on whether or not it will reassess the project once the numbers are finalized . Issue #5 That Mr . Chard agree to pay in full the 1974 and 1976 assessment on lots not yet sold when the building permit is issued, and that the assessment for the 9 lots already sold be taken from the 150% (50% overage) on the balance of the lots as they are sold . Issue #6 That the City not revert to charging the 8/ assessment interest specified in the Developer ' s Agreement, because the pre- printed 8% actually refers to a payment method not selected by the City (ie . 5 equal annual installments) . To change the rate would require a reassessment hearing and a method for handling interest paid to date . It would also set a precedent, because Halo I and II and Weinandt are using the same financing method that Bill Chard is using and could request the same change . Issue #7 That the City make no adjustments in the assessments due to the timing of the bond sale and the payment of bills as requested by Mr . Chard. Issue #8 That the City make no liquidated damage claim against the contractor who installed the utilities as was suggested by Mr. Chard . The City Engineer does not feel it is in the City ' s best interest to file such a claim . Any such agreement should be drafted by the City Attorney and include a clause stating that Mr. Chard waives his right to contest any other items if a reassessment hearing is held for the purpose of reflecting final project costs . JKA/jms I (3 MEMO TO : John Anderson, City Administrator FROM: Tim Keane, City Planner r o RE : Comprehensive Plan Review )141'‘/. if DATE : January 2, 1980 Attached is : 1) The findings of fact and conclusion of the Metropolitan Council ' s staff .review of the Shakopee Comprehensive Plan (the full text of these comments were forwarded to you in November) ; 2 ) The City staff ' s comments in response to that review . The review of the Comprehensive Plan is to be completed according to the following schedule : Transmittal to Metro Council Physical Development Committee January 14 , 1981 Physical Development Committee Review January 22, 1981 Metropolitan Council Review February 10, 1981 The City Council and Planning Commission are requested to review the staff prepared response and offer comments or revisions . These responses , upon City Council and Planning Commission approval will be forwarded to the Metropolitan Council as the City ' s official response to their review . Shakopee ' s Comprehensive Plan has been prepared and is being reviewed pursuant to the Metropolitan Land Planning Act , Minnesota Statutes Section 473 . 175 and Section 473 . 851 to 473 . 872 . Generally , the Council ' s responsibility is to review and adopt findings and determinations with regard to the local plans : 1. Conformity with Metropolitan plans 2 . Compatibility with plans of adjacent local government units . 3 . Consistency with other adopted Metropolitan Development Guide chapters . The Metro Council may provide advisory comments with regard to other aspects such as adequacy , completeness , and its internal consistency . As part of the review, the Metropolitan Council : "may require a local governmental unit to modify a comprehensive plan or part thereof which may have a substantial departure from metropolitan system plans" . Page -2- January 2, 1981 9)12 Essentially, the Metro Council comments fall into three categories : 1) Those that are required by Minnesota Statutes to bring the City ' s Plan in conformance with the Metropolitan System Plans . If the City were not to comply with those modifi- cations required by statute to conform to the Metropolitan Systems, the impact on Shakopee could be significant . The Metropolitan Council controls the budgets of its four major operating agencies of metropolitan services for sewers, buses , airports and parks . All significant local sewer extension plans are controlled and must be approved by the Metropolitan Waste Control Commission. The 1976 Land Planning Act gave the Metro Council the authority to review local plans and if found consistent with the "Metropolitan Systems" to mandate a change in the local plan. Since the Metro Council has not exercised this authority to date , the implications of such action is unknown. The testing of the Land Planning Act ' s authority is a much discussed topic with conjecture on court proceedings a central theme . 2) Those changes that would be necessary to bring the Shakopee Plan in conformance with the Metropolitan Development Guide chapters . Failure to comply with these recommended changes would have less absolute impacts , but the results may be significant . The Metropolitan Council is designated the area ' s federal regional review agency . This designation of A-95 reviewer provides the Metropolitan Council comment authority on local units of government federal grant application. A negative comment by the Metro Council on a municipality ' s grant application may be very influen- tial in determining whether grants are received or not . Each case warrants its own merit , but park, CB influenced. and housing are by programs that may e nfluenced. 3) Those comments that are advisory on technical adequacy, completeness or internal consistency . I would not anticipate significant negative impacts for failure to comply with recommended changes of this sort . -3- s 17 Metropolitan Comments : RECOMMENDATION VII B: Modify plan so that the 1990 sewer flow does not exceed 3 . 12 M.G .D. The City has to play ball with the Metro Council on this item. The problem arose principally as a result of the City opening up enough sewered area in the 1990 plan that the hypothetical saturation development condition greatly exceeds the flow allocated in the System Statement . This hypothetical saturation development condition is based on an assumed saturation flow rate of 2000 gallons per acre per day (G .A.D . ) . Based on historical flow rates in the industrial area, City staff and the City ' s consulting engineer, believe that 1000 G.A.D. is a more realistic saturation figure. Current industrial land consumption is averaging approximately 800 G.AD. Alternatives : 1) Do Nothing. This alternative would leave the City ' s Comprehensive Plan in non-conformance with the Metropolitan Systems Plan. Discussion - The failure of the City to comply with the Metropolitan Systems Statement on this sewer element has been discussed in No. 1 above . The Waste Control Commission and the Pollution Control Agency could preclude any sewer extensions within the City of Shakopee by not approving them. 2 ) Reduce the 1990 service area in size so that the proposed flow for the City does not exceed 3. 12 M.G .D. Discussion - In order to do this , the City would have to reduce the 1990 service area by approximately 1500 acres . The Planning Commission and City Council in development of the Comprehensive Plan wanted to open up enough service area so as to not artifically restrict the available industrial land which would drive up the prices of the available land. This' alternative would be acceptable to the Metropolitan Council but not to the City of Shakopee. 3) Develop and adopt a flow management plan. Discussion - The staff of the Metropolitan Council has indicated to the City that it would be acceptable if the City could develop and implement a plan -4- whereby the service area identified in the 1990 plan would not develop to the maximum saturation so as to stay within the 3. 12 M. G .D . flow allocation. 1+1 "The implementation devices would have to have a force of law to be acceptable to the Metropolitan Council . The City staff would recommend that the City Council adopt an allocation policy that requires that proposed land uses not exceed approximately 1000 gallon/acre/day (G.A.D. ) sewer flows . This would have the effect of requiring "wet" industries to acquire and hold that land necessary to keep the average flows in the service area below that rate that allows the City to stay within the 3. 21 M. G .D. allocation. Land uses such as warehouses , non-water intense industries and offices would not be affected by such a policy. Staff would also recommend that the City go on record that Shakopee will petition for a change in the original systems allocation that restricts the City ' s total flow to 3 . 12 M. G.D. RECOMMENDATION VII C : The Plan is in conformance with the Metropolitan Systems Plan for transportation; provided that Page 66 is corrected to say that CSAH 18 is not a metro facility . That CSAH 18 is not included as a metropolitan facility in the Metropolitan System Plan is a fact and the City Comprehensive Plan would reflect this . Staff would recommend that the language on Page 66 be corrected as noted in the review. Staff would also recommend that the City go on record requesting that this facility should be included in the Metropolitan System Plan. RECOMMENDATION VII C-2 : Conformity with the Metropolitan System Plan to incorporate an airspace zone map in the Comprehensive Plan. City staff has a representative on the Joint Airport Zoning Board. The proposed airspace zoning has a negligible effect on Shakopee since the affected areas are almost exclusively in the flood plain. Staff would recommend that the City incorporate the airspace zone map only at thi.f'time that the map is approved by the Joint Airport Zoning Board and adopted by the affected municipalities . -5- RECOMMENDATION VII C-3 : a. Modify sewer policy plan (noted above) . b . Modify the Comprehensive Plan to make the land use and sewer elements consistent . This requires that Map 9 in the Comprehensive Plan and the Sewer Service Area map be consistent . The attached maps note the changes necessary to accomplish this . Map 9 from the Land Use Plan would add those areas shaded Al' This does not change the substance of the land use plan but brings it into conformance with the sewer plan. The sewer plan would be changed to take out old service area 16 (Shiely pit , Blue Lake Peaking Station) , old service area 17 (Blue Lake Treatment Plant , Wilke Regional Park) and add new service area 16 (east of Valley Fair - 55 acres ) . City staff and the Engineering consultant recommend that these changes be made . c . On-site system management program consistent with procedure 10 (attached) of the Water Quality Manage- ment Policy Plan. The Metro Council comments find that the 2 . 5 acre lot size in the rural residential area is of sufficient density to require the adoption of Procedure 10 policies in order to be consistent with the Water Quality Management Plan. The City in earlier action, has gone on record to the Council stating that "it does not anticipate additional record keeping of pumping and maintenance" and that it "plans to rely on Scott County for obtaining and maintaining work records" . Although this recommendation is not within the sphere of the metro systems elements that require conformance, the City Plan would be found not in conformance with the System Policy Plan if no revisions are made (note Number 2 above) . The City, at present , does not have the personnel • required to keep the records , inspect the systems and administer the on-site management techniques identified in Procedure 10 . City staff estimates that this would require very near a new full-time position. -6- / The Metro Council staff has indicated that the • City may find the 2 . 5 acre rural land use more acceptable if the City can demonstrate : 1) that the actual densities will be substantially less when wetlands , steep slopes , etc . , are excluded and; 2 ) what on-site system record keeping and licensing the City does plan to get involved in. City staff is preparing calculations of the net densities and exploring what on-site system management techniques the City may get involved in without creating additional expense or burden on staff. Staff will report on these findings at the City Coundil meeting. TK/j iw Attachments 'C7 -24- Y The City should allocate the anticipated revenues when more than one funding source is to be used. The improvements appear to be fully funded. The debt schedules are precise enough to show the city council and the citizens what the annual payment is , the amount that will be used from each revenue source (special assessments , general levies , sanitary sewer revenues) , and the amount outstanding for any year in the future. New debt should be included. The city may wish to add some other features to the CIP to enhance its service to the citizens: o An estimate of future operation and maintenance costs of each project so that the citizens may appreciate the full cost. o A map(s) showing ' specific improvements and specific sites within the CIP. o Insofar as possible, show projects of other governmental jurisdictions that may occur within the city on the same schedule. The most obvious ones would be highway improvements of the county and state, new school buildings and MWCC interceptor extensions. 6 . Solar Access The Plan does not contain a Solar Access Element as required in the Section 473 . 859 of the Metropolitan Land Planning Act, as amended. V. FINDINGS OF FACT AND CONCLUSIONS A. General Findings . 1. The Shakopee Comprehensive Plan has been submitted to the Council for review pursuant to Sec . 473 . 175 and Sec. 473 . 851 to 473 . 872 of Minnesota Statutes . 2. The City is located along the northern boundary of Scott County in Council District 16 . It is bordered by the Townships of Jackson, Louisville , and Spring Lake and by the Cities of Prior Lake, Savage, Eden Prairie and Chanhassen. 3 . The City has certified that its comprehensive plan has been circulated to adjacent governmental units at least six months prior to submittal to the Council . 4 . The Plan does not have a Solar Access Element. -25- B. Conformity with Metropolitan System Plans 1. Transportation The Shakopee Comprehensive Plan is in accord with the Metropolitan Tranportation Policy Plan, but there are several matters that require clarification. Specifically , that the configuration of the proposed interchange on the east end of the Shakopee bypass is likely to be altered; that the discrepancy in the text on the timing for construc- tion of the CSAH 18 crossing be corrected; that the location of the crossing shown on map 20 should be made more general; and that page 66 be corrected to say that CSAH 18 is not a metro facility .'`` 2. Sewers a. Shakopee ' s sewer element of the city ' s comprehensive sewer plan meets the content requirements of a sewer policy plan, but not a comprehensive sewer plan. b. Shakopee ' s sewer policy plan is not in conformance with the city ' s system statement or the Water Quality Management Policy Plan since it would permit flows of 6 . 17 mgd instead of 3 . 12 mgd. c. Shakopee ' s sewer policy plan cannot be found consistent with Procedure 10 concerning on-site system management due to insufficient information provided describing the on-site system management program proposed for the rural area to be developed at one unit per 2 . 5 acres . d. Shakopee ' s sewer policy plan does not appear to be consistent with the city ' s land use plan given the information presented in maps 9, 31 and table 20 . 3 . Parks The Shakopee plan is in accord with the Regional Recreation Open Space System Plan . In the review text a few minor corrections are suggested. 4 . Airports Although there are no airport facilities within Shakopee, the City is within the Flying Cloud Airport ' s aircraft traffic pattern and zoning Area. A joint airport Zoning Board, including Shakopee, has been established to update information on these matters . Until additional information is available , the plan must be considered inconsistent -26- with the Aviation chapter of the MDG due to the absence of the existing airspace zoning map and the absence of specific reference in the implementation section to state regulations on "Obstructions to Airspace. " C . Consistency with Other Guide Chapters 1. Metropolitan Development Framework The general configuration of the Shakopee Plan is consistent with the Metropolitan Development Framework . However , several inconsistencies were identified. a. Several parts of the Rural Residential area, especially farmsteads , which ordinarily would be designated agricultural, are not and, therefore, are not eligible for Metropolitan Ag . Preserve Act protection. A specific case is cited in a letter from the Scott County Soil and Water Conservation District. b. The 2 . 5 acre density in the Rural Residential Area is considered urban by the Development Framework and, therefore, inconsistent. One acre per 10 density as recommended by the Framework would protect the City from being forced to provide urban services prematurely . c. Tables and Maps which address future land needs appear to be inconsistent with one another , and inconsistent with Council land demand estimates. 2 . The Environmental Protection, Solid Waste and Housing elements are all in accord with the Metropolitan Council policy plans VII . RECOMMENDATIONS That the City of Shakopee be advised that: A. This report constitutes the Council ' s official review required under the Metropolitan Land Planning Act; 40 That one plan modification is required as authorized in Minnesota Statutes Sec. 43 . 175, Subd. 1; specifically , �:'. � s a� "= ` d`•�` `� ' a``:s'- o that the 1990 sewer flow does not exceed the figure of 3 . 12 M.G . D. cited in the Shakopee System Statement. -27- C. The Plan conforms to the Metropolitan System Plans as follows : 1. The Plan is in conformance with the Metropolitan System Plan for transportation; provided that page 66 is corrected to say that CSAR 18 is not a metro facility. 2. Conformity to the Metropolitan System Plan for airports would require Shakopee to incorporate the attached airspace zone map in the Comprehensive Plan until the Joint Airport Zoning Board has new and approved information to substitute; and to reference the state rules on "Obstructions to Airspace" MnDOT rule 14 MCAR 1. 3015 subsections (c) and (d) in the plan implementation sections . 3 . Conformity with the Water Quality Management Policy Plan would require Shakopee to: a. Modify its sewer policy plan to not exceed a 1990 flow of 3 .12 M. G.D. (See item VII. B. , above) . b. Modify its Comprehensive Plan to make the land use and sewer elements consistent. c. Provide clarification and additional material to make the on-site system management program consistent with Procedure 10 of the WQM Policy Plan. 4 . Conformity with the metropolitan system plan for recreation would require the City to: a. Correct the alignment of the Scott-Hennepin Regional Trail as described in the review text . b. Revise Tables 37 and 38 to correctly classify Shakopee Memorial Park as a community park and to include Wilkie Park Reserve in the analysis of future park needs . D. The Plan discussion of forecasts is consistent with Development Framework Forecasts . E. The Plan appears to be in conformance with adjoining governmental units and affected school districts except for the 2. 5 acre lot size planned for the rural resi- dential area. This is not in conformity with the plans of adjacent communities to preserve the agricultural area. Shakopee submitted copies of comments from ad- jacent governmental units, most of which are highlighted in Section VI . B. 1 . It is not clear whether these have been addressed by Shakopee. -28- Cr? F. The Plan is consistent with other Metropolitan • Development Guide chapters as follows : 1. The Plan is consistent with the Protection Open Space and Wa,te_,r Resources chapter of the Metropolitan Development Guide and Council policies for stormwater management, the Housing chapter , and the Solid Waste Management Plan. 2. The Plan is consistent with the Metropolitan Investment Framework . 3 . The Plan is consistent with the Metropolitan Development Framework in terms of general configuration; but to be in full conformity would require the City to modify the lot size of the Rural Residential area to approximate a one per 10 density for this area. 4. The City is urged to review the delineation of the Rural Residential area to determine if certain parts of this area would be more appropriate in the agricultural area so that they would be eligible for the protection of the Metropolitan Agricultural Preserve Act. 5. The City is requested to correct inconsistencies between Tables 18 , 19 , and 20 and Maps 9 and 31 in terms of location and extent of urban land needs through 1990 . 6. The Plan is consistent with the Metropolitan Investment Framework; but is it requested that: a. The City be encouraged to maintain and update the capital improvement program as a current and valuable tool in its development. b. The City show the anticipated revenues from each funding source for each project. c. The City include a schedule ( s) of the new debt that would result from the implementation of the CIP. d. The City add the following information to its CIP: i . Map ( s) specifically locating the improvements . ii . An estimate of future operation and maintenance costs for each project . iii . Projects of other governmental jurisdictions . -30- • e. That the City notify the Council when amending its Capital Improvement Program. G. That the City add a Solar Access Element as required by Minn. Stat. 473. 859. JS :sje S085PR 06 . 11. 80 Revised 10 . 01. 80 and 10 . 24 . 80 and 10 . 31. 80 7-E4.0 F DE( -fa/l5637 cr?%"14,4—E•b 18 , l 4 z a 1980 Table 17• Existing Vacant Urban Service Area Land Supply - 1978 Single-Family 70 acres Commercial 60 acres Industrial 300 acres Multi-Family 90 acres An added indication of the private market commitment reveals that much of the residential vacant land is platted in anticipation of near-future development, nearly 50 acres. Future Demand For Urban Services Shakopee's existing service area coupled with future growth forecasts calls for an ever expanding demand for servicable land. Table 18 lists the cumulative land needs by types of urban land uses. Table 18 (Revised 12/80) Future Urban Land Service Needs in Acres 1980 1985 1990 Total Urban Land Needs* 2,780 3,330 3,680 Residential 925 1 , 150 1 ,375 Commercial 285 385 485 Industrial 450 575 700 Total Rural Land Use 11 ,420 10,870 10,520 By offsetting existing supply against future demand, expansion needs are established. Clearly in a supply-demand framework, to the year 1990, most urgent is residential Hand, while commercial and especially industrial are less pressing. Table 19 (Revised 12/80) Future Service Area Land Acreage Expansion Needs Additional Needs 1980-85 1985-90 1978-90 Industrial +125 +125 +250 Commercial +100 +100 +200 Residential +225 +225 +450 TOTAL +450 +450 + 900 -38- Urban 'Service Staging Approach Months of performing engineering studies and evaluating alternative sewer extension systems took place to select the most appropriate system. The systems reviewed included the Jackson-Shakopee interceptor sewer, extensions off the Prior Lake interceptor sewer, and a continuation of the VIP interceptor line. The staging area was selected primarily on the most feasible urban service expansion alternative. All the other staging alternatives either would create future development areas spatially independent and separate from the existing urban service area or represented unwise sanitary sewer expansion design. Even though some of the other alternative staging schemes would be cost efficient regarding sanitary sewer expansion, other related urban services and utilities of water supply and transportation, etc. , would be prohibitive. '1, i , other alternative staging schemes that seem reasonable and are contiguous to built up areas were either lacking a sound sanitary sewer expansion approach or system costs were excessive. Therefore, the three major policy areas for Shakopee' s planning program as illustrated on Map 10 are: 1 ) the existing urban service area, 2) the 1980-1990 future urban service area expansion, and 3) the 1990 rural service area. The policy definitions of these areas follow: Urban Service Area - the built up area of Shakopee; the city area where the services of sewers, water supply, parks, schools, police and fire exist. Redevelopment is encouraged here along with maintenance of existing structures and utilities. A. Provide a full complement of urban services and utilities in a viable city sone for a full sc ,pe of .:lctivi e:ies to take place for citizens to worl: , shop, reside, and phy. B. Encourage the use of existing puLlic services . C. Encourage developments which will rein; , rce redevelopment forces. Future Urban Service Expansion Area - that area which is programmed to ,receive urban services in preparation of concentrated development in five year increments. The expansion will be staged outward from the existing urban service area consciously guiding growth into areas contiguous to the existing city area. a. Expand the urban service area in a sequential manner which is peripheral to the existing urban service area. b. Discourage leap-frog development patterns with urban services which increase utility costs in sewer, road and water system construction and also place greater burden on public services and private utilities. c. Control the overall desired development pattern of the City by guidinu the future location and provision of urban services in an orderly planned fashion. d. Use the design and facility planning exercise of sanitary sewers to dictate overall urban service area expansion. e. Extend urban services as a complement and not individually and haphazardly. f. Provide services in anticipation of development and not as a response to. g. Forecast the expansion of future urban service areas accoring to new household, -population, and land consumption forecasts. h. Rezone rural service areas to urban land uses in anticipation and prior to the expansion of the urban service area. As the plan map expresses, to expand first, 1980-85, is that area designated as 'A' and offers additional service in an elbow shaped area from Highway 101 to C.R. 17, north of the by-pass. While the first stage is in search of residential , single-family land south of C.R. 16, significant industrial , commercial and multi-family residential zoned acreage is also provided. Estimated for service expansion sometime around 1985, stage 'B' to the year 1990 services that land area predominantely above the by-pass corridor aside from 80 acres of the two southern quadrants of the by-pass/C.R. 17 intersection. Timing with the by-pass construction is planned for coordinat;on. Total acreage of each stage is in Table 20. -10- Table 20 (Revised 12/80) Future Service Area Expansion Acreage Phase 'A' 1980-1985 Phase 'B' 1985-1990 Single-Family Residential 240 150 Commercial 215 160 • Industrial 660 145 Multi-Family 120 -0- Total 1235 455 Rural Service Area - that area in Shakopee where urban services are not present or programmed for expansion at least to the year 1990. Future development in this area should be predicated on the provision of private services for sewage disposal , water supply, recreation, and limited public roads to maintain the rural atmosphere and to prevent premature expansion of the urban service area in unprogrammed manners. a. Maintain a rural service area by discouraging urban type development. b. Develop a land use regulation system which permits rural residential development and farming. c. Restrict urban dense residential developments from rural service areas until such time when logical city growth takes place. d. Protect rural resident investments in private service systems. e. Select a minimum lot size in rural residential areas which will preclude future demand for urban services and enforce the rural lifestyle way of living. f. Enhance and protect rural character and lifestyle. g. Permit only non-service demanding developments of industrial and commercial nature in non-sewered areas. -'11- ./Ltr' WATER QUALITY W/12/79 , \ - > '° : t= A V tp1.►-. Minnesota Statutes, Section 473.05, Sub- the term of new offerings by use of the "drop- division 5, if: off"-of retired issues. a. The interceptor eliminates the need for a 3. The right of redemption should be reserved to treatment works not existing on January 1, the fullest practical extent, and call premiums 1970, that could have been constructed should be discouraged. consistent with Minnesota Pollution Con- trol Agency and Metropolitan Development - 4. Subsequent issues should be correlated to the Guide standards in effect when the decision necessary capital programs to provide for a is made to construct the interceptor, or quarterly issuance and should he combined eliminates the need for a treatment works accordingly. existing on January 1, 1970, or improve- ments to it; and 5. Any Council agency fiscal demands may be combined in subsequent issues to provide for b. The decision to build the interceptor was flexibility within the programs. or is made to protect or improve a water resource of metropolitan significance. The term "water resource of metropolitan Metropolitan Council Procedure No. 10. significance" shall include any lake or any L •I Comprehensive Sewer Policy Plan portion of a major river used as a source of municipal water supply or designated by General Discussion the Metropolitan Council as a water area to be protected. The 1976 Metropolitan Land Planning Act, Section 473.859, Subdivision 3, Paragraph (h), requires 5. Once an interceptor has been determined to he local governments to prepare a public facility plan, of metropolitan benefit, the costs eligible for and in {particular a sewer policy plan. allocation under the metropolitan benefit provision shall be those current costs incurred The requirement of this act is similar to that of after December 31, 1971, the 1969 Metropolitan Sewer Act (Minnesota Statutes, Section 473.503), which requires local 6. When the Council makes a determination of governments to submit comprehensive sewer plans metropolitan benefit, the Commission shall describing sewerage service needs from the compute the amount of current costs allocat- Metropolitan Waste Control Commission. The able thereto in preparing its budget year. The 1974 Metropolitan Reorganization Act (Laws amount of current costs allocated to a service 1974, Chapter 422) requires the Council to adopt area in such year is the amount of current a Waste Management (sewerage) Policy Plan. The costs that would have been allocated to the Council's Development Guide Policy Plan on Water service area if the lowest cost disposal system Quality Management, adopted March 9, 1979, alternative had been retained, selected or serves as the Waste Management Policy Plan constructed consistent with Paragraph 1. required under this act. The following adopted procedure allows the Metropolitan Council Procedure No. 9. Council and the Commission to coordinate their Bond Issues review requirements for these two sewer plans. 1. Additional debt service of new offerings should The local sewer policy plan and amendments to be kept to the amount necessary to amortize this local plan are to he submitted to the Metro- the issue over 30 years or less, with even annual politan Council as part of the comprehensive combined payments of principal and interest. plan for review and comment. After the Council's review and recommendations, with or without 2. New debt service should be correlated with continents, the local government is to submit the outstanding debt to provide a uniform annual adopted comprehensive sewer policy plan portions debt service budget and to permit reduction of of the comprehensive plan to the Commission for 119 WATER QUALITY -- — — , W/12/79 • approval. After January 1, 1981, the Commission responsihle for notifying all parties and is not to recommend any change in service for a arranging all meetings. local government to the Minnesota Pollution Con- trol Agency unless the local government has a 3. Alter the Commission has completed its review Commission-approved comprehensive sewer policy plan. Such a plan should include the collection, of the local comprehensive sewer policy plan, treatment and disposal of all sanitary sewage, a memorandum will he forwarded to the including on-site sewage disposal system ordinances, Council within 60 days of the Chairman's plan administration system, and adequate operation and review order date on the local sewer plan and maintenance system. its relationship to the regional Water Quality Management Policy Plan. The local sewer policy plan is an important means of determining the impact of local systems upon 4. An appropriate committee of the Commission the regional system, as well as future system may review the local sewer policy plan and expansions or modifications. The Council adopts staff comments, and forward recommendations the following procedure for its participation in to the Council; or the Commission may elect to the sewer policy plan review process to ensure allow the Chief Administrator to formulate conformity of the local plan to regional develop- recommendations on the plan and forward these to the Council for consideration. These ment policy and metropolitan sewer system expansion. recommendations from the Commission are to be forwarded to the Council within 75 days of the Chairman's plan review order date. A. Handling Procedure 5. An appropriate committee of the Council will 1. The Council's referral administrator shall sub- review the local sewer policy plan, Commission mit a copy of a local comprehensive plan to comments and local government concerns, and the Metropolitan Waste Control Commission forwarda recommendation to the Council. The Council will review the committee's findings immediately upon the Chairman's issuance of and transmit its recommendations to the local an order to commence the plan review. The Commission staff is to review this plan and government and the Commission. submit a response, in writing, to the Council 6. Local governments are to make changes to the staff within 20 days of the Chairman's plan review order if the plan has a major conflict comprehensive sewer policy plan as necessary with the regional Water Quality Management in accordance with Council comments, recom- with Plan or if major information is not mendations and requirements, and submit the included in the plan. locally adopted plan to the Commission for approval. The Commission is to approve plans 2. During the review process of a comprehensive that are consistent with Council review of and plan, the Council staff shall arrange a joint recommendations on the local comprehensive meeting of the Council and Commission staff sewer policy plan. with the affected local government units, if 7. In those cases where review of the entire local necessary, to discuss the Council and Corn- mission staff comments on the local compre- sewer policy plan cannot be made because in- hensive sewer policy plan. formation regarding adjacent local governments or proposed regional facilities is either uncertain or unavailable, the Council shall reserve corn- Any subsequent communication initiated by ment on those features and make its recom- the Council or Commission staff with the mendations to the Commission only on those local government units shall include mutual plan elements that, in its judgment, are clearly notification between the Council and Corn- understood. The Commission should condition mission. To the extent practicable, the Council its approval of the local sewer policy plan shall coordinate all meetings initiated by the accordingly. Council or Commission staff with the local government units. The Council shall be 8. Subsequent to such review and approval by the 120 WATER QUALITY --- --__--- 41/12/79 Council and Commission, any local govern- Quality Management Policy Plan for overall ment proposing to alter or improve any existing direction on development. If a local unit of sewers or other disposal facilities in a manner government determines that the programmed not specifically approved by the Commission availability of metropolitan sewer service con- in its review of the local sewer policy plan shall flicts with local need, it may request the submit its proposal to the Commission for Council and Commission to consider amend- review as a local sewer policy plan amendment mens of the Policy Plan or Development before application to the Minnesota Pollution Program. Such requests will be considered Control Agency for a sewer construction pursuant to administrative and operational permit, procedures established by the Council. 9. All amendments to an approved local sewer 2. The local sewer policy plan submitted to the policy plan shall be reviewed by the Council Commission for review should be consistent and Commission in accordance with the above with the adopted comprehensive plan of the procedures. local government unit. 3. The local sewer policy plan should contain B. Content of Local Comprehensive Sewer Policy the following information at a level of detail Plan: General Discussion sufficient to describe existing and future sewer issues, and recommend solutions and appropri- The local comprehensive sewer policy plan (CSPP), ate facilities. as part of the comprehensive plan required under the Land Planning Act, is broader in scope Wan the previously required comprehensive sewer plans a. Community Physical Facilities (CSP) of local governments. The sewer system engineering and ultimate system design may change Surface water drainage districts, including: very little or not at all from the original CSP. The area or subarea boundaries; area of district CSPP identifies localized service area timing and and subdistricts in acres; drainage direction; includes a map showing where and when service points of collection; ponding areas; rivers; would be provided in a certain area. This service streams; floodplains; ponds; lakes; and area and timing for sewer construction is to be wetlands. consistent with the comprehensive plan of the local government. b. Existing and Proposed Sewerage Facilities In those areas where sanitary sewer is not planned, i. Location, size, capacity, and design adequate on-site sewage systems are to be con- flows for existing and proposed later- structed and maintained so premature installation als and trunk sewers, lift stations, of sanitary services across rural or open areas is forcemains and septic tank pumpage prevented and will not he a burden on the local and other waste disposal sites in the government. The development of ordinances and collection system. administrative programs to ensure the prevention of premature sanitary sewer installation is to he a ii. Any sewerage facilities being used part of this CSPP. To clarify the local govern- jointly with another local government meat's intention to implement this program, each unit, including area of service, the plan should contain adopted specific policies to number of connections and service flow carry out the plan. volume. iii. Location, type and capacity of all C. Content of Local Comprehensive Sewer Plan existing treatment facilities for public use whether municipally or privately 1. Local government units are expected to use the owned, including their appropriate 1980, 1990 and 2000 population and employ- National Pollution Discharge Elimina- ment data included in the regional Water tion System (NPDES) permit. 121 WATER QUALITY W/12/79 iv. Existing sewered population and esti- water, including domestic, commercial, mated increase in sewered population, industrial and institutional, as well as by year, for the next five years. identification of individual industrial dischargers whose average daily flow v. Existing and projected sewered con- exceeds 50,000 gallons or exceeds five nections and/or residential equivalent percent of the total local governmental for next five years. flow or contains toxic wastes. c. Community Development v. Sewer system design date for areas of sclvice outside the community bound- i. Description and location on map of ,.fries. existing sewerage problems, including on-site sewage disposal systems, mal- vi. Time schedule for construction by year function problems, needs associated for the first five-year period and by five- with continued operation of existing year periods for twenty years, including treatment facilities,whether municipally a local sewer construction program or privately owned, and sewer system adopted by the local governmental unit. capacity limitations. Connection to the metropolitan and/or local system is required within two years ii. Existing and proposed land use, includ- of service availability consistent with the ing, where practicable, proposed streets, Council policy plan and the Waste Con- highways, open space, etc., consistent trol Commission rules and regulations. with an adopted local comprehensive plan. vii. Timetable for upgrading all nonmuni- ciloll treatment plants that do not meet iii. Existing and projected ultimate zoning slate effluent and water quality stand and land use, including designated open ards as identified in the NPDES permit space, floodplain and similar restricted or for terminating plant operations. areas. e. On-Site Sewage Disposal Facilities iv. Any proposed changes in governmental boundaries affecting the community, The local comprehensive sewer policy plan including any areas designated for is to contain ordinances, administrative orderly annexation by the Minnesota procedures and enforcement procedures Municipal Commission. that will adequately meet the need of trouble-free on-site sewage disposal. (NOTE: Items ii, iii and iv may be in local comprehensive plans and need not The recommended plan content guidelines be duplicated in the local sewer policy for on-site system management for local plan.) government are: d. Design Considerations for New Sewerage 1. On site system plans and ordinances Facilities shall contain appropriate design, com- position, construction, location, siting i. Design time period and design and use requirements relating to all population. standard and/or alternative systems that may be installed. ii. Per capita design flows, average and maximum. 1.1 Alternative Systems. On-site system ordinances that permit the use of iii. Minimum design standards for the alternative systems shall contain control of inflow/infiltration into the specific standards applicable to such sewer system. permitted alternative systems. iv. Types, amounts and strengths of waste- 1.2 On-site system plans and ordinances 122 1 WATER QUALITY — — — — C. W/12/79 should generally prohibit the installa- and approved prior to covering the tion of standard on-site systems in: system. Final system approval should be given only where a system has been a. areas where problems are likely to installed consistent with the ordinance occur because of soil constraints requirements and any specific condi- or other geologic or hydrologic tions contained in the installation per- characteristics; init. b. low swampy areas or areas subject 3. Local units of government should to recurrent flooding; adopt on site system ordinances and controls that contain inspection and c. areas where the highest known maintenance requirements, where nec- groundwater table, bedrock or essary and consistent with Policy 44 impervious soil conditions are of the Council's Water Quality Man- within three feet of the bottom of agement Plan, and should help to a system. ensure that system owners receive appropriate education and technical 2. On-site system ordinances shall contain assistance with system operation and application and review procedures and maintenance. requirements for the issuance of on- site system permits.Such requirements 3.1 Inspection. On-site systems should he should provide for the receipt of a inspected on a regular basis, where permit to install an on-site system necessary and consistent with Policy prior to, or in conjunction with, the 44 of the Council's Water Quality issuance of a building permit. Applic;;r Management Plan. Inspection should tion and installation requirements check the sludge and scum accumula- should provide for the transmission of tion in a septic tank, or appropriate adequate system and site information equivalent, if any, in an alternative and a review procedure to ensure system. Inspection should occur no compliance with the ordinance. less than biennially. 2.1 Ordinances shall require that applica- 3.2 Maintenance. Where necessary and tions contain a description of the site's consistent with Policy 44 of the Coun- characteristics, including a soils and cil's Water Quality Management Plan subsurface evaluation based on bor- and Paragraph 3.1, local governments ings, percolation tests, and a descrip- • should require maintenance of a septic tion of the proposed system. tank when inspection reveals that sludge reaches a point 12 inches below 2.2 Subdivision (or other) ordinances the bottom of the outlet baffle and/or should provide for the approval of the scum reaches a point three inches plats only following a determination above the bottom of the outlet baffle. that the soils in the platted area gen- Maintenance requirements for alterna- erally are suitable for the installation tive systems should be established in of on-site systems consistent with the the ordinance or at the time of installa- on-site system ordinance requirements. tion permit approval. 2.3 Separate site testing should be per- 4. Recordkeeping. All local programs formed in connection with all on-site should provide for recordkeeping re- system applications. On-site system hating to the design and location of ordinances should contain installation, new and/or renovated on-site systems. inspection and acceptance procedures System owners or their agents should that require all new installations, mod- be required to submit a final descrip- ifications'or repairs to he inspected tion of the system as installed to the 123 1 ---------- WATER QUALITY ---- - _ _ ------ -- ---------------------- --- W/12/79 local government. The description 6.1 Consistent with Policy 44 of the should include such information as: Council's Water Quality Management site address, location and layout of Plan, programs and controls should system on the site, type and design of establish appropriate requirements system installed, type of building and measures applicable to installers, served and the results of the site pumpers and haulers that ensure satis- suitability analysis (percolation tests factory performance, liability coverage and/or soil borings). and compliance with local ordinances. 4.1 Where necessary and consistent with 6.2 Consistent with Policy 44 of the Policy 44 of the Council's Water Council's Water Quality Management Quality Management Plan, local Plan, work records should be obtained programs should provide for on-site on a regular basis by each local unit of system data collection and record- government from licensed pumpers, keeping covering the frequency of haulers and maintenance operators complaints, pumping and/or other regarding their activities in the local maintenance activities for each sys- jursidiction as a condition of licensing. tern. 7. Local on-site systems management and 5. Remedial Action. Programs should control programs shall be adequately ,_, include measures to identify the staffed and funded. Administrative itkoz location of systems creating nuisances powers, responsibilities and rights and/or endangering public health shall he specified in local ordinances. and/or endangering the safety of any domestic water supply, and/or pollut- 7.1 Administrative powers that should be ing or contaminating any water of specified in ordinances include those the state. relating to: performance of investi- gatory review, site inspection, permit 5.1 The local on-site system ordinance analysis, inspection, and the issuance should include provisions for correc- of orders relating to enforcement tion, replacing or terminating the use activities. of any system identified in Paragraph 5 above. 7.2 Communities shall ensure the appoint- ment of trained and qualified persons 5.2 Ordinances should require that exist- as administrators/inspectors, the ing systems comply with the adopted absence of any conflicting business or on-site system standards in situations interest within the jurisdiction, and where work other than maintenance should provide express standards relat- is being proposed for an existing ing to removal of administrative system. personnel. 6. Authorized Metropolitan Area coun- 7.3 Ordinances should provide opportunity ties and/or local units of government for cooperation or the selective dele- should collectively and cooperatively gation to administrators from other establish programs and standards for units of administrative responsibilities, licensing system installers, pumpers, particularly where funding/staffing is haulers, site evaluators and maintain- marginally adequate. ers operating within their jurisdiction. Licenses shall be issued only to those 8. Enforcement.Ordinances shall contain `p' who meet training and knowledge appropriate appro riate a '� ppeal, variance and en- requirements as evidenced by the forcement provisions. satisfactory completion of a certifica- tion program. 8.1 Ordinances should contain specifica- 124 ( IJ ---- –— / WATER QUALITY -- – ,.: W/12/79 tion as to violations, fines, penalties inspection and maintenance when the and other remedies associated there- same are not performed in compliance with. with ordinance requirements. 8.2 Ordinances should contain provisions 8.5 Ordinances should provide for the enabling the administrator or other recovery of costs relating to system official to issue orders to: suspend or maintenance from owners of on-site revoke permits or stop action where systems to which such problems are performance is occurring in violation attributable. of requirements; require the correc 8.6 Ordinances should contain procedures tion of new or existing systems where, for following inspection and review, a appeal of administrative actions. system is determined to be defective; 8.7 Ordinances should contain a variance require owners to cease and desist provision that allows dimensional from the use of an on-site system variances and the ability to impose operating in a manner creating hazard alternative or additional design, site to public health, safety or welfare. or location requirements with respect to variance applications. Provisions in 8.3 Ordinances should contain govern- theordinance that are nonvariable should authority to inspect existing be specified.systems following adequate notice. Ordinances should contain provisions 9. Areas of the community where on- requiring governmental inspection of site systems are permitted as temporary systems for which there is probably and permanent facilities should be cause to believe that a hazard to pub- delineated on a map using U.S. Soil lic health, safety or welfare exists. Conservation Service soil classes, in- cluding high groundwater table, steep 8.4 Ordinances should provide authority slopes and underlying rock close to for the local government to perform ground surface. ley 125 _— __ ` w / ` ' ; " �� .\ 1 -i i, - IF , ,,,,_ _ ,, ii-r4P,,,, N , i , . 9t....,-. o , ;,' 1 41 // -A NA''\ *Ark /' | | sa, , w.___ , 1,.. --z,t,, :-•c.,>, 1 ..„,i______I 1 -(-1:‘\,0 ' , I, . . iti, ._....„2,1140111411' . i . , (i,,,,) ,i,..x, ,,--c.2.,, uvolot, , ., NNij..... ii(N j ,,,i7c-:- / ' -r- ! — --- k It• / Allit vit. kiii- \ -0 99 \I' ', k - Ik(' Ll,,,,i I 1 (115 , 00.0 rs . I III - ' ///:./-SA litli, 44/1; I r\ , ,,,„----- , 1 CITY or SII1XOP _, ,,,/, -, -40 ,i___,....,„,,,, :, \ ') (, k.., , r 11 :. , ritir . , , vi . .: „A .0- A 1!* 1. 741 INr410,/lIP ' ,..t /'.4. , r,\/. . i i___47, i, :, . / ., , , ,,, ,, , _ , 3 . ,,, , v\.. .---.. , ,, __ . ____ ________,----,_ __ ___i _ ___„ _ , t • , r . v - .,. „--47, , , ,,,,,• ,/,• AV . / * f I '\,ri I, /_ _ U----- / LA 1 ti @-.), ___ _r__ ___.. _ .- , . . . , ,,, t ,, i , .._ i.rpi . ,,, ON CI v.16.• •16 6, ,. \ ,:.9 \ .4. 0 —1 / st‘ • _ _ t.. r .. --' ,r , I,C.::, I fii —L / r (1-? ,-- .: - - ----i illi /111 ..._.,__ . . 7 :?_''. ./ 44 1.//,'S7 ' ,.....Cg .// ,-: ;//' vi / . cs.,, I' ,„k. .r r . / ,j),. ,._, ti/ ,i,i • /j , N.... ( LI _ e 11._____...2, • . ,... i L '„ L) / „ , i CI, c...„,......f... 01:/, . / : I..t- '411W/ ./ ' MEMO TO: John K. Anderson, City Administrator (/J� 'FROM : Judith S . Cox, Deputy City Clerk RE : Appointments to Industrial and Commercial Development Commission DATE : December 30, 1980 Introduction On August 15 , 1978 the Council adopted Ordinance No . 11 which established an Industrial and Commercial Development Commission comprised of five members serving staggered five-year terms . {" Background On October 3 , 1978 the Council appointed six persons to the commission , plus Mr . Ray Connelly to serve as consultant , to serve staggered terms which will be determined at a later date . The terms have never been established and it would appear that two terms have now expired . Mayor Harbeck is suggesting that the Ordinance establishing the committee be amended to provide for six members serving three year terms . It would be appropriate to adopt the ordinance at this meeting and the City Attorney has advised me that it would then be in order for the Council to make nominations to fill the positions . Nominate two commissioners whose terms will expire January 31 , 1982 , two expiring January 31 , 1983 , and two expiring January 31 , 1984. Election can take place on January 20, 1981 . Alternatives 1 . Leave the ordinance as is and nominate only one individual to the Commission (with his term expiring January 31 , 1986) thus bringing the number of members down to five , each serving a staggered five year term. Nominate four commissioners whose terms will expire one on January 31 , 1982 , one on January 31 , 1983 , one on January 31 , 1984 and one on January 31 , 1985 . 2 . Amend the ordinance to provide for a six member commission serving staggered three year terms and nominate two commissioners whose terms will expire January 31 , 1982 , two expiring January 31 , 1983 , and two expiring January 31 , 1984 . Election can take place on January 20, 1981 . A three year term would provide for a shorter commitment on the part of the commissioners . Action 1 . ' Offer Ordinance No . 52 , Amending Ordinance No . 11 Establishing An Industrial and Commercial Development Commission . 2 . Nominate two commissioners whose terms will expire January 31 , 1982 , two expiring January 31 , 1983 , and two expiring January 31 , 1984. Election can take place on January , 20, 1981 . JSC/jms CITY OF SHAKOPEE I f INDUSTRIAL/COMMERCIAL COMMISSION Appointments made October 3 , 1978 . Roger Peterson h� Citizens State Bank 480 Marschall Road Shakopee , Minn. 55379 Jim Raduenz 135 West 3rd Avenue Shakopee , Minn. 55379 Don Woodward 7900 Xerxes Avenue South Minneapolis , Minn. 55431 Al Furrie 1221 East Fourth AvenueS',) Shakopee , Minn . 55379 Marjorie R. Henderson 905 So . Holmes Shakopee , Minn. 55379 Jim O' Neill 'f Glen:: Ellyn Park Shakopee , Minnesota. 55379 Gary Eastlund (advisor) Scottland Inc . Valley Industrial Drive Shakopee , Minn. 55379 Ray Connelly, Consultant 201 Travelers Trail Burnsville , Minn . ORDINANCE NO.52 Fourth Series An Ordinance of the City of Shakopee Amending the City Code, Chapter 2 Entitled "Administration and General Government" by Repealing Subd 2 of Section 2.55 and Adopting a New Subd 2 in Lieu Thereof and Adopting by Reference Shakopee City Code Chapter 1 and Section 11.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE ORDAINS: Subd. 1 Repeal Subd 2 of Section 2.55 of the City Code is hereby repealed. Subd. 2 Composition of Commission The Industrial and Commercial Development Commission shall consist of six members appointed by the Shakopee City Counciland shall have staggered term of three years each. Appointment shall be made by Resolution naming the Commissioners and setting the term of office. Vacancies occurring thereafter shall be filled for the unexpired term of the vacant office and shall be by Resolution adopted by majority vote of the Council. Subd.3 Adopted by Reference General provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Subd. 4 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 effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1981. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 3 day of December, 1980. Ju us A. Coller, II City Attorney , ,,..0 L ,.. .ynKk .,fel Hx.dx MEMO TO : John K. Anderson, City Administrator FROM : Judith S . Cox, Deputy City Clerk RE : Planning Commission Appointment DATE : January 2 , 1981 Introduction Pursuant to the City Code appointments to advisory boards shall be filled by appointment by the Council in January of each year . Background Mr. John Schmitt ' s five-year term on the Planning Commission expires January 31 , 1981 . It would be in order for nominations to be made at this meeting to fill the upcoming vacancy . For your information , I am attaching a copy of Resolution No . 1562 which set forth the policy on appointments . Mayor Harbeck is going to check with Mr . Schmitt to see if he is interested in being reappointed for another five-year term. Recommended Action 1 . Motion to open nominations for an appointment to the Planning Commission. 2 . Each Council person shall be polled for a nomination . Each nomination must be seconded . 3 . Motion to close nominations . JSC/jms . RESOLUTION NO . 1562• L� A RESOLUTION SETTING FORTH CITY COUNCIL PROCEDURAL POLICY ON APPOINTMENTS TO CITY BOARDS AND COMMISSIONS WHEREAS , in accordance with the City Code , the Shakopee City Council has the authority and obligation to appoint persons to the various City boards and commissions ; and WHEREAS , the City Council desires to establish a procedure for the appointment of persons to the various City boards and commissions . NOW, THEREFORE, BE IT RESOLVED, that the Shakopee City Council hereby establishes the following procedure to appoint persons to the various City boards and commissions : 1 . When an appointment is required , the City Administrator shall notify the City Counc l as early as possible before the appointment is put on the City Council. agenda . 2 . The City Council shall make an appointment to a City board or commission only if the appointment appears on the printed agenda of that meetingor if the appoint ment was tabled from a previous meeting. 3 . The City Council shall follow Roberts Rules of Order, . Newly Revised , in making nominations for any appoint- ment to be filled . Any Councilmember can nominate an individual and the nomination must be seconded by another member . Each Councilmember who nominates a person for an appointment should either pass out a resume of that person to the other Councilmermbers or be able to recite some background information about the nominee . A motion to close nominations can be made and seconded at any time after each Councilmember present has been polled for a nomination . Once nominations are closed , no further applications will be received and vote will be made at the next Council meeting . 4 . After nominations have been closed , if there is more than one person nominated for an appointment , the City Administrator shall distribute paper upon which each Councilmember shall write his preference for the appointment . 5 . The Mayor shall open the paper ballots and declare the person getting the most votes and whether or not he or she received a majority vote of the Council- members present . 2D516 . If the person receiving the most votes does not have a majority vote of the Councilrnembers present , then there shall be a second paper vote between • the top two candidates . If the vote is a tie between the top two candidaLes , there shall then be an additional- paper vote between the top two candidates . 7 . After a candidate has received a majority vote on a paper ballot , the Mayor shall announce his or her name and the fact that he or she has a majority vote . At that time , a motion is in order to appoint that person to the position . This motion shall be voted on and if the person receives a majority , he or she is then appointed . Adopted in regular session of the City Council of the City of. Shakopee , Minnesota , held this 5th day of February , 1980 . Mayor of' the City of Shakopee ATTEST: City C;.l.-erk Approved as to form this day of February , 1980. 41111 i1 City Attorney 1 ' MEMO TO : 'Mayor and City Council FROM: John K. Anderson, City Administrator RE : Non-agenda and Informational Items DATE : December 31 , 1980 Introduction At the present time Council members pick up their mail and miscellaneous non-agenda items at City Hall . In addition, you occasionally receive non-agenda material in your agenda packet and even less frequently you are called, usually reminder calls , by the City office . I would like to intro- duce the "Non-agenda and Informational Items"memo as a method of getting the bulk of this information to all of you at the same time on a regular basis . Proposal Background It has been my experience that a systematic method of getting informational items to all Council members on a regular basis (in your twice monthly agenda packets) can be beneficial to both Council members and City staff . I may go slightly over board in my efforts to get the same information to all Council members , be it regular agenda material or miscellaneous infor- mation, but it is a practice that has been appreciated by the Councils I have worked for. The "Non-agenda and Informational Items" memo would not include items that require Council action. It would include items such as : • Minutes of Board and/or Committee meetings that are of general interest to Council . • Copies of letters to the City that require no action but could be of interest to Council members . • Miscellaneous comings and goings at City Hall and elsewhere in the City operation. • Status reports on items that Council has requested, but are not due on the agenda and/or require postponement until the next meeting . • Administrative policy(s) or clarification that would not normally require Council action under the City Code , but that Council should be aware of . • Departmental monthly (or quarterly) reports . (Note this is an item I plan to require as a management tool but it can be of interest to Council . ) • Other items Council would like to see regularly to study, read or skim. Examples The following items present a small sampling of items that can be included in such a memo . 1 . Minutes of the December 10, 1980 Industrial. Commercial Commis- sion (attached) . 2 . Monthly report from the Building Inspector for the period ending November 30, 1980 (attached) . 3 . Informational report from Jeanne Andre on Transportation Alternatives in Shakopee (attached) . (Note that Jeanne anticipates having something for Council in the near future . ) 4. Memo clarifying City policy on gifts , luncheons , etc . (attached) . (Believe it or not , departments wanted some- thing in writing particularly with Christmas approaching . ) 5 . LeRoy Houser ' s mother has been seriously ill , is in the hospital , and LeRoy has been out of the office much of the week because of this . 6 . Because of LeRoy ' s absence ; and because of the reason for that absence , I have not yet discussed the vacation issue with him and Gregg. Hopefully, I can resolve this early in January. I ' ll provide Council with a memo on this when it is resolved . 7 . We have started a Suspense File (S .F. ) . Judy is responsible for it and you are welcome to use it for material you want to retrieve , check or review on a specified future date . Just mark the note/letter S .F. 2/16/81 with your name and she will get it to you. 8 . Memo with Jim Karkanen' s follow-up on Mrs . Leben' s concern about the storm sewer kids are playing in (attached) . (Note individual requests for information and follow-up can be handled the same way but only the Council member asking for it would get a copy. ) 9 . Memo from the City Planner on Actions and Recommendations made by the Planning Commission at meeting held December 18 , 1980 (attached) . Recommendation I would like to try providing Council with a "Non-agenda and In- formational Items" memo for three months . At the end of that period, I would recommend that Council evaluate it and make a decision to keep it , modify it or drop it . You can let me know at the end of Tuesday ' s Council meeting how you feel about this idea . JKA/jms MINUTES OF INDUSTRIAL/COMMERCIAL COMMISSION SHAKOPEE, MINNESOTA Dec. 10, 19804/1e7 Chairman Henderson called the meeting to order at 6:00 P.M. . Present were: Furrie, O'Neill , Raduenz, Henderson, and B. Wermerskirchen,Liaison. Absent: Eastlund, Woodward, Peterson. The minutes of the November 12, 1980, meeting were approved. Chairman Henderson introduced the new City Administrator, John Anderson, who was in attendance at the meeting. An amendment to the zoining ordinance allowing a conditional use permit was discussed. It was apparent to the ICC that the B-1 Area is almost used up, and therefore, a conditional use permit would he necessary. The ICC felt there should be certain limitations, however. A recommendation was made to defer an actual motion until the next meeting. Chairman Henderson explained that the City Council has established a new policy in making appointments to the ICC. The January meeting will be open to nominations. Appointments will be made in February and members will he rotated. Tour Reports : Furrie has checked with the Mgr. of the KC Hall . He will verify its availability soon. O'Neill reported for Eastlund on the helicopters for the Tour. The Bell Helicopter would carry two passengers plus the pilot at a fee of $160.-$175. per hour. The Jet Ranger which carries four passengers would cost $320. per hour. It was felt that two helicopters for two hours should be sufficient (ten trips per hour 0 4 or 5 minutes per trip) . O'Neill recommended the Bell Helicopter because he felt it was more of a thrill for the passengers and the glass body gives a good all around view. The motion was made to give Eastlund permission to contract for the Bell Helicopter. Also recommended was that preference should be given to Bruce Schiltz, in renting the helicopter, since he is a local person and would he familiar with the tour area. O'Neill requested that members bring pecific Tour Plans to the January meeting. Information on gift packets, tour maps , city maps, invitation, etc. should he presented at the meeting. Also, the Tour Route and Tour Directors should he decided upon. A special meeting was set for January 8, 1921 , at 6 P.M. . Larry Martin, City Assessor, will he present to explore the Industrial Tax methods and evaluations. The East end resolution will again he discussed. O'Neill/Furrie moved to adjour the meeting at 7 P.M. . M. Henderso.:, Chairman // 4 - 'CITY OF SIIAKOPEE .BU1 LDING ACTIVITY REPORT November, 1980 PERMITS ISSUED Nov. Yr. to Date Total .Previous Year 5225 - 5247 Number Number Valuation Number Valuation MO . YTD . Single Dwellings 2 26 1 , 576, 240 4 80 4, 434,032 Multiple Dwellings - 16 3 , 182 , 438 1 2 1 , 766,000 ( Mo .Uni:ts) (YTD Units) - ( 105) (4) ( 60) Dwelling Additions - 18 104,000 3 20 176, 550 Other FOUNDATION ONLY 1 2 28 ,000 - - - Business Dist . - - 9 3, 317 , 500 1 10 1 , 119 , 200 Agricultural 1 3 36,000 1 1 5 , 200 Industrial Dist . 2 25 23, 039 , 390 - 19 7 , 172 ,060 Accessory/Garages - 30 143, 418 1 64 247 , 395 Signs & Fences 6 23 47 , 633 - 22 19 , 169 Sidewalks & Drives - - - 1 1 500 Grading/Excavation . 1 5 31 , 100 2 13 1 , 550, 200 Remodeling (Res. ) 3 53 88 , 252 13 45 75 , 250 Remodeling ( Inst . ) 1 5 506 ,000 - 9 364, 758 Remodeling (Other) 6 44 700,320 1 17 3, 387 ,088 TOTAL TAXABLE 22 254 32 , 450, 791 28 294 19 , 952 , 644 TOTAL INSTITUTIONAL 1 5 506 , 000 - 9 365 , 758 GRAND TOTAL 23 259 32 , 800, 291 28 303 20, 318 , 402 MO. YTD . MO . YTD . Variances - 9 1 18 Conditional Use 1 15 3 24 Re-Zoning - 8 - 4 Moving - 2 1 6 Electric Permits 23 199 21 196 Plmbg. & Htg. Permit 21 172 15 211 Razing Permits : Residential - 1 - 1 Commercial - - - - Total dwelling units. in City after completion of all construction permitted to date 3 , 422 - Phyllis Knudsen Deputy City Assessor ) /7 `/' f0 CITY OF SHAKOPEEBUILDING PERMITS ISSUED IN NOVEMBER, 198O 1 5225 Certain-Teed Corp. Alter. $ 6 ,00C 5226 Lee Schumacher 8700 Hwy 101 Off/Whse . 1 ,O46, 8OC 5227 Superamerica E . 1st Ave . Repair 6,O0C I 5228 Robert Rawson 5215 Eagle Creek Fence IOC 5229 Sports Stop 101 S . Lewis Sign 10C 5230 Barbers Exceptionale 112 Holmes Sign/Remod. 10C 5231 Mn. Valley Mall Sign 3, 100 5232 Valley Liquors 1104 Mn. Valley Mall Alteration 30,000 5233 Northwest Asphalt 1451 Co . Rd. 89 Tanks 31 ,00' 5234 Conklin Remodel 5 ,000 5235 Betaseed Pole.Barn 13 ,00( 5236 Jerald Wilking 1716 Co.Rd. 89 House 1OO,O0C 5237 SCOTT COUNTY COURTHOUSE Remodel 349 , 500 5238 Jack Brambilla 115 N. Lewis Sign 100 5239 Gerald Ubel 2083 Bridge Crossing House 65 ,O0C 5240 E & Z Property 109 Lewis Remodel 3 ,000 5241 Laurent Bldrs. FOUND.ONLY 16 , 00( 5242 Steve Hentges 1503 W. 3rd GRADING ONLY 5OC 5243 Charles Goebel 702 Madison Remodel 2,00(. 5244 Scottland Sign 8,000 5245 Rubber Industries Remodel 1O,O0C 5246 Tom Curtis 1453 E . Shakopee Fireplace 1 , 950 5247 H.R. Bindewald 535 W. 3rd Wood Stove 201 $1 , 697 , 45C // t MEMO TO : John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE : Transportation Alternatives in Shakopee DATE : December 24 , 1980 Introduction Through the encouragement of the Mayor and with the cooperation of the Shakopee Area Chamber of Commerce I have been involved in looking at transportation alternatives for Shakopee . Background Mayor Harbeck initiated conversations with local industries and with Norbert Schmitt (local school bus operator) regarding the possibility of promoting local bus service , particularly to pro- vide transportation from the core of the City to the Industrial Park. Industries in the Industrial Park have provided basic data as to the number of employees and their city of origin. Mr. Schmitt has indicated willingness to purchase three new buses and operate a private local service . He has requested the City to help collect data he needs to establish routes and apply for necessary state permits . I have also involved the Minnesota Department of Transportation (MDOT) , which is now promoting van and car-pooling alternatives likely to appeal to industrial park employees residing in other cities besides Shakopee . MDOT has a standard presentation to solicit employer involvement in car and van pools . The bus and pooling alternatives are to be jointly presented to local employers at the January 26 , 1981 meeting of the Chamber of Commerce . Background on alternative modes of trans- portation will be provided to the employers and their coopera- tion solicited. With the help of the employers , employees can be surveyed to determine potential participation in a bus or pool . Summary and Recommendation The outcome of the January Chamber meeting, as well as the results of the survey will be subsequently reported to you and the City Council . It can then be determined what , if any, further role the City might take in promoting energy conservation through alternative modes of transportation. JA/jms )( //t/ MEMO TO : All Department Heads FROM: John K. Anderson , City Administrator RE : Policy on Gifts , Luncheons , etc . DATE : December 18, 1980 Introduction As per our discussion at the December 17 , 1980 staff meeting, the following policy has been established regarding gifts , luncheons , etc . Policies 1 . No individual gifts shall be received by City employees at the office or at home (including food , liquor , tickets , etc . ) . 2 . Small gifts for an office such as fruit baskets , candy , etc . may be accepted if placed where the public can also help themselves . This obviously excludes any liquor. 3 . Working luncheons (meals) are a problem. The consensus was that we should have a flexible policy, and that each individual should make his/her own decision . The criteria decided upon were : 1) what is the client ' s intent and 2) is it a working luncheon . 4. Any individual gifts delivered by an unknown gift giver should be given to the County Human Services Department which will in turn give them to needy families . Call Lois Weckman at 445-5712 or Human Services at 445-7750 to make arrangements to drop off the gift . Summary Please make an effort to communicate this policy to clients that you deal with. Once they become accustomed to the policy it will be less awkward to live with. Please be sure that all your employees are aware of this policy too . JKA/jms e Speed Letter. f �P To �. .`i \,V \ From `�' f • r Subject ad-4/tA (4)( ,i-r/ Al 'Ar. / 4/016 -No.9 610 FOLD MESSAGE / i---azoiu _ pavu A0-.2, , ,itA/, Ak '9 f .` Y "� / � /Lam '✓t1t�. �... / oi/� a - % � , — �� - £l Ovok— /a,4 l� ".11A 'it-. 7 Date 17 Signedlizi/ Date �7 A(41— . _. 4 REPLY � 4L� ,)(26 /v�L �pZ � . Ae 77 61e4-1 - .,47-- i k.-11,vJ)2 IJ 1 A.177/1-<.1 I Glc - S a i 1-L 64-re'A ‘14J; 6 r-S ¶)0, i .— ‘2/4 9 S./ i'4 j-, -5 --' /9,14 e-iti 7-- (Air g i re) V'' frode.0? .s- zn. /5 Alm 0 toff r2.4-----. _ 8is/ El& e rr,� ro 7 c -No.9 FOLD -No.10 FOLD tijd riirki y v�-.3 / O 7 cQS ,;-, al l f alt° Date Signed Krrki Wilson Jones Company o1978NE•PRINTED W U.S A.FORM 09-902 3-PART RECIPIENT—RETAIN WHITE COPY, RETURN PINK COPY O 1978 1 4/ ,MEMO TO: John K. Anderson City Administrator FROM: Tim Keane City Planner RE : Actions and Recommendations made by the Planning Commission at meeting held December 18, 1980 DATE: December 19, 1980 The following actions and/or recommendations were made by the Planning Commission at their meeting held December 18th: 1) Granted approval of Conditional Use Permit Resolution No. 268 , which allows for exterior storage and operation of an open sales lot in an I-2 zone . The applicant is Case Power & Equipment . This permit was necessary in order to develop the site for the sales and service of construction equipment . Site location - T. H. 101, West of Raceway Park. 2) Discussion on permitting sales in an I-2 zone will again be brought back to the Planning Commission at their meeting scheduled for January 8th. Input from the Industrial/ Commercial Commission has been requested, & will be given. 3 ) Height limitations was discussed and Planning Commission requested further study; to be brought back to Planning Commission at a later meeting. 4) Minnesota Valley 5th, 6th, 7th Additions was discussed and Planning Commission requested engineering studies on the traffic flow for this area. This case will come up again at the February meeting. 5) The renewal of the Conditional Use Permit for the Shakopee Sports Center was considered. The applicant was present and informed the Planning Commission that he was in the process of cleaning up the area. This was the renewal for an open sales lot to provide an area upon which boats could be displayed in an B-1 (Highway Business) zone . The Planning Commission gave the applicant until their meeting of January 8th to comply with all conditions of the Conditional Use Permit and at that meeting a decision will be reached on the renewal. John Anderson -2- December 19, 1980 6 ) The Planning Commission will be holding a special meeting /( 'CV on January 22nd for discussion on the newly proposed Subdivision Ordinance . 7) Comments on the Comprehensive Plan Amendments to the Metro Council will be made by the Planning Commission at their meeting of January 8th. 8 ) Discussion was held on the newly proposed Sign Ordinance; further research was requested and will be once again reviewed at any early 1981 Planning Commission meeting. Jiw AD HOC CABLE COMMUNICATIONS COMMITTEE '6PY�( Adjourned Special Session December 15 , 1980 Chairman Foudray called the meeting to order at 7 : 10 P .M. in the Council Chambers of City Hall , with committee members present : Abeln, Christensen , Davis , Gorman and Kirchmeier . Also present was Administrative Assistant Jeanne Andre . Davis/Abeln moved to approve the minutes of December 1 , 1980 as presented . Motion carried . Jeanne Andre reported on the hearing held at Minnesota Cable Communications Board (MCCB) on December 12 , 1980. There were no objections , and acceptance of the proposed cable service territory (CST) is anticipated at the January meeting. Eileen Christensen indicated that one of her neighbors voiced opposition to the CST as proposed and she recommended he file comments with MCCB . Barry Kirchmeier indicated comments he has received expressed interest in gaining a cable system for Shakopee as quickly as possible . Individual letters have been sent out to institutions identified at the previous meetings as important in the needs assessment process . Committee members will personally contact representatives of these institutions before the January meeting to eiplain . Chairman Foudray indicated he has already met with Sister Agnes at the hospital . She voiced an interest in getting more informa- tion about cable before defining cable needs for the hospital . The Chairman recognized Rocky Schlichter and Rick Anderson of Cable System Services from the audience . They described their background in the development of cable systems for communities . Discussion was held on procedures of franchising in Minnesota and cable services available to communities who have recently franchised . Jeanne Andre reported that approximately 31% of the social and civic organization surveys have been returned and 41% of the longer individual survey . Most of the short , post-card surveys have been sent to Public Utilities , and a count is not available at this time . Many of the responses from social and civic organizations were limited due to a lack of knowledge about cable services pertinent to their operations . A short discussion was held regarding possible ethical problems committee members (and other city officials) might encounter during the franchise process due to lobbying by cable operators . The committee agreed to review procedures used in other communities as a basis for possible procedures to be adopted in Shakopee . Davis/Gorman moved to adjourn at 8 : 33 P .M . Motion carried . R. Gene Foudray Chairman Jeanne Andre Recording Secretary r /4- / 7 ,-4 ' v o - J I-- lit, O _ n a o 3 J _ 1 1 „_____ a ,III 0141 Ye, T ) <1:1;-@ i i.c... 4) . . _ 11 cif! 4 ' : ; 3 0 =I �' Co ME Az It 23 - a M M EMI a 6 0, u6 5 0 r I 1 PI DA/OrA P ; 10t Mill no i,u I. 130 I O 1}T± A r"—�'_ t'_ Ti _ TIE. 1 �� PETITION AREA 2, 677 Acres Petition - Front Footage 980 Linear Feet BENEFIT AREA 5 . 688 Acres Benefit - Front Footage 2070 Linear Feet 47 . 06 Percent Petition 47 . 3 Percent Petition • MEMO TO : John Anderson City Administrator FROM: H. R. Spurrier City Engineer RE: Improvement of Bluff Avenue -- Dakota Street to the West Line of Halo 1st Addition DATE : January 2, 1980 Introduction: Property owners on Bluff Avenue between Dakota Street and the west line of Halo 1st Addition have petitioned for water and sewer service ; 47. 3% of the benefited property has petitioned. Background : On September 16, 1980, City Council passed Resolution No . 1689 directing the advertising of bids for improvement . of Halo 2nd Addition pursuant to conditions in a Developer' s Agreement . The improvements requested in the petition could replace the facilities required in the Developer' s Agreement for Halo 2nd Addition. Therefore , it is appropriate to consider the alternatives available at this juncture . Alternatives : There are two alternatives : One, to continue with the 429 project ordered and cause the construction of improvements in Halo 2nd Addition according to the drawing on file or to receive the petition to order feasibility report on the improvement of Bluff Avenue and order the postponement of bid opening for improve- ment of Halo 2nd Addition. The first alternative is the "do nothing" alternative. If no action is taken, bids will be received January 30th and approx- imately 900 linear feet of watermain will be installed in Halo 2nd Addition. This pipe will benefit approximately 4 . 16 acres . No area outside Halo 2nd Addition will benefit from the construction of this watermain. The watermain completes a loop required by Shakopee Public Utility Commission (SPUC) for Halo 1st Addition and one lot in Halo 2nd Addition. John Anderson -2- January 2, 1981 1(6/ The second alternative is to receive the petition and order the feasibility report for a watermain which also completes the loop required by SPUC . This alignment benefits approximately 2070 front feet and 8 . 694 acres . This alignment requires construction of approximately 1450 linear feet of watermain. Summary : In the event , alternative one is selected, the City will cause the construction of a watermain loop which has little lateral benefit and virtually no general benefit to the system as a whole . In the event the second alternative is selected, there exists a possibility that a watermain will be constructed which will be of general benefit to the system as a whole and particular benefit to an additional 4 . 526 acres and 2070 front feet . Recommendations : Staff finds that the second alternative is the most reasonable alternative since selection of alternate two does not rule out returning to alternate one by readvertising the project . Staff finds that alternative two makes more effective use of the 429 process in benefiting a much larger area with little increase in scope of the project . Therefore, pursuant to State Statute 429, it is recommended that Council pass Resolution No. 1781, A Resolution Accepting A Petition And Ordering The Feasibility Report For The Improvement Of Bluff Avenue Between Dakota Street And The West Line Of Halo 1st Addition; and that Council pass Resolution No. 1782 , A Resolution Postponing The Bid Opening For Halo 2nd Addition Improvement 1980-10. The Utility Manager was unavailable for comment at the time this report was prepared, therefore, a supplemental report will be presented on the table detailing the position of SPUC . HRS/j iw Attachment `j 69 PETITION FOR ASSESSABLE PUBLIC IMPROVEMENT CITY OF SIIAKOPEE Dace p E. C.r_=I'fle r,. We , the undersigned , owners of the following described real property , abutting on the proposed improvement and beneficed thereby , hereby petition the Common Council of the City of Shakopee , for the following public improvements ; \,ti'A'i rk -t- Itt (4 _ — I - I on 3Lo' FF St . /(Ave). , between tiAv %-\ KAEC-r Sc . and DA k` '4 Sc . /Ave . , and request chat the same be made during the year /'0 ( I PETITIONER LO'l' BLOCK 1,7 /./ . . _ Am). J,f - i c -;4:460.1 d.52,4,.;,,,,-„,de- ‘46-2 Zf.i...,.. / ..) 2 r-- 4.9s 7-5./IA A"erc?,.' le ..„),..‹, ,,,, „Ar - ,c„..?„,..., ,,, ,,,,,,,..„„4; 1 u ,2 3 .c-/ ) NAi;crtiE- �E; i ,ice ,� C r �� 5�� '' ' 'J1�.(��'' ,_ J7 ' 1,1 , i )//ii /c,'i'-r- j'C--,A )A,L ��{t. ' . . � _ L/ i �C f i,� � N,-C`�-.ji-J '',//-')/ ,/ ' ,- _ , i , . :. -- I , hereby , verify chat I circulated the above petition and chat the above signatures of the property omars and petitioners were affixed in my presence . Circulator Approved this day of , 19 . City Attorney RESOLUTION NO. 1782 A Resolution Postponing The Invitation For Bids For Halo 2nd Addition Improvement 1980-10 WHEREAS, the City Council has adopted Resolution No. 1689, A Resolution Approving Plans And Specifications And Ordering Advertising For Bids - Halo 2nd Addition Improvement 1980-10; and WHEREAS, Council has determined that it is appropriate to postpone the bid opening. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA : 1. The City Clerk shall prepared and cause to be - inserted in the official paper and in the Construction Bulletin a correction to the advertisement for bids which shall postpone the bid opening until further notice . Said advertisement shall be published once . Adopted in session of the City Council of the City of Shakopee, held this — day of 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1980 . City Attorney I -(1//) RESOLUTION NO . 1781 A Resolution Declaring The Adequacy Of Pet: And Ordering Preparation Of Report . Improvement Of Bluff Avenue - Dakota Street To The West Line Of Halo 1st Addition WHEREAS, the Council has received a petiton from property owners along Bluff Avenue between Dakota Street and the west line of Halo 1st Addition; and WHEREAS, the petition requests that the City Council improve said land by water and sewer mains; and WHEREAS, 47 . 3 percent of the property to benefit by said improvement has executed said petition . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA : 1. A certain petition requesting the improvement of Bluff Avenue by watermain and sanitary sewer is hereby declared to be signed by the required percentage of property owners affected thereby , the declaration is made in conformity to the Minnesota State Statutes Section 429. 035. 2 . This petition is hereby referred to Henry R. Spurrier, City Engineer, and he is instructed to report to the City Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible, as to whether the proposed improvement should be made as proposed or in connection with some other improvement , and the estimated cost of the proposed improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1980 • City Attorney //C/ MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox , Deputy City Clerk RE : Resolution No . 1783 , Directing The Institution of Legal Proceedings DATE : January 5 , 1981 Introduction At the last Council meeting the City Attorney reported that the City was given a warrantee deed for the property now occupied by the library expansion when in fact the seller did not have power to do so . Since the seller has not made the corrections asked by the City Attorney, Jack has prepared the attached resolution authorizing the institution of legal procedures in order that the City may acquire a clear title of record to Lot 3 , Block 29 Original Shakopee Plat . Recommended Action Move to offer Resolution No . 1783 , A Resolution Authorizing And Directing The Institution Of Legal Proceedings , and move its adoption . JSC/jms l RESOLUTION No. 1783 RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION OF LEGAL PROCEEDINGS WHEREAS, On June 1, 1978, David W. Fladhammer and wife Jane E. Fladhammer for good and valuable consideration, receipt and sufficiency of which was acknowledged made, sold and delivered to the City of Shakopee a Warranty Deed to Lot 3, Block 29, excepting the railroad right-of-way in the City of Shakopee, County of Scott and State of Minnesota, and WHEREAS, In truth and in fact, the said David W. Fladhammer and wife Jane E. Fladhammer were not then and have not since become the fee owners of said Lot 3, Block 29 in the City of Shakopee, contrary to their representations, but were and are merely Contract for Deed purchasers of said property and other property from the record .owners Doctor Joseph C. Huber and wife Lorraine G. Huber, and WHEREAS, Contrary to representations said property is not free and clear from encumbrances, but together with other property is covered by a mortgage of .record, and WHEREAS, by virtue of the action of the said David W. Fladhammer and Jane E. Fladhammer the City has been and still is wrongfully and unlawfully deprived of a good title of record to the property reputedly conveyed to it by said Warranty. Deed of June 1, 1978, and WHEREAS, on November 10, 1980, and again on December 10, 1980 demand was made on the said Fladhammers for delivery to it of a good title of record free and clear from all encumbrances, but the said Fladhammers have failed and neglected so to do. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL That the City Attorney forthwith in the name of the City institute a suit against the said David W. Fladhammer and wife Jane E. Fladhammer for specific performance of the terms of their agreement with the City and for delivery of clear title of record to Lot 3, Block 29 in the City of Shakopee less the railroad right-of-way, and for damages and the expenses and costs of this litigation. Passed in session of the Shakopee City Council held this day of , 1981. • Mayor of the City of Shakopee ATTEST: City Clerk (P"rapare4 and„�approved as to form this 31st day of December, 1930. 3 , Julius A. Coller, II, City Attorney %MEMO TO : John Anderson City Administrator FROM: H. R . Spurrier City Engineer RE: Levee Drive -- Scott Street to Sommerville Street DATE : December 31, 1980 Introduction: Resolution No. 1778 is a resolution ordering feasibility study for Levee Drive -- Scott Street to Sommerville Street . Background: In meeting of December 16, 1980 , the Council directed staff to prepare a resolution ordering feasibility report for Levee Drive between Scott and Atwood and Levee Drive between Lewis and Sommerville Streets . The attached resolution orders the preparation of the feasibility report . Alternatives : Order the feasibility report and : 1) Refer the report to William Price, Suburban Engineering, for study , or; 2) Refer the report to H. R. Spurrier, City Engineer, for study . Based on present workload, this project may not be under contract until late summer if prepared by City staff. Recommendation : Do not adopt Resolution No. 1778 , ordering the report of an improve- ment of Levee Drive until after the list of 1981 projects has been prioritized; then take action on Resolution No. 1778, January 20, 1981. HRS/j iw Attachment // • RESOLUTION NO. 1778 A Resolution Ordering The Preparation Of A Report On An Improvement (Levee Drive ) WHEREAS, it is proposed to improve Levee Drive between Atwood Street and Scott Street ; and Levee Drive between Lewis Street and Sommerville Street by roadway construction, and to assess the benefited property for all or a portion of the cost of the improve- ment , pursuant to Minnesota Statutes , Chapter 429 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA , that the proposed improvement be referred to for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement , and the estimated cost of the improvement as recommended . Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of , 1981 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1981. City Attorney