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HomeMy WebLinkAbout01/20/1981 h 1 MEMO TO Mayor and City Council FROM Jdtin K. Anderson, City Administrator RE : Non-Agenda Informational Items DATE : January 15 , 1981 1 . The Planning Commission did not receive the Trunk Water Main data in time to make a studied recommendation to SPUC and the City Council . Therefore , Lou and I recommend moving the joint meeting to 5 p .m. on January 27 , 1981 . 2 . The Dorothy Egan sewer bill , item 6f on the January 6 , 1981 agenda , is finished, but she cannot make the January 20, 1981 meeting so I have held the item over until February 3 , 1981 . 3 . We have received information from the League regarding the reporting of stored hazardous material . I would like to review it with LeRoy, who has been at a conference this week, so it should be on the agenda at your February 3 , 1981 meeting. 4. Because LeRoy was gone , I still haven ' t talked to him and Gregg regarding the vacation issue . I haven ' t forgotten it and will have it for your February 3 , 1981 meeting. 5 . The Mayor , Rod Krass and I met with John Hay regarding the hospital parking lot and John is drafting something for us to review as a possible contract . 6 . Rod Krass , LeRoy and I will be meeting with Kmart representa- tives on January 21 , 1981 to resolve our concern with regard to the valuation, the increment , etc . 7 . Attached is a memo , for your information, from Walt to SPUC regarding the replacement of our Industry Agreement Revenue . If you want to know more about the status of this item please call Walt . 8 . Jeanne , Bo and I met last week with Mr. Jasper regarding his letter of December 22 , 1980 expressing concerns about the assessments for the Dakota and Minnesota Street water main loop . Several items were clarified, but only time will tell if Mr . Jasper will be satisfied with our explanation of what had been said by whom and why. I ' ll keep you posted . 9 . Attached is a list of Met Council Board and Commission openings . If you are interested let us know and also let Representative Tom Rees know. 10. Attached is a League notice regarding their annual session for "Newly Elected Officials" . If you're interested in attending, contact Judy and she will make the reservations . Mayor and City Council January 15 , 1981 Page 2 11 . Attached are the building permits issued for December and a report on the years activity. 12 . Walt and Eldon asked for a clarification on the payroll cycle and how it affects Council . Gregg' s memo is attached, if you have any additional questions please call Gregg. 13 . Tim checked with the railroad regarding the storage of metal and ties along 2nd Avenue as per Mrs . Leben' s request . The material is there because of the rail abandonment and should be removed by a private contractor within 30-120 days . We will keep checking this monthly to insure they follow-up . 14. Attached for your information is a copy of the Resolution adopted by Scott County regarding the By-Pass Corridor. 15 . As per Council ' s request , I have attached a copy of our IRB Policy, a copy of the Commercial Development Issue Application Form and the Industrial Revenue Bond Application Form. After reviewing the material , let me know if and when you'd like to see it discussed by Council . 16 . Attached for your information are the minutes of the 12-18-80 Planning Commission Meeting. 17 . Council asked staff to work on the codification material for January. We haven ' t been able to. We will shoot for February. 18 . Attached is a memo regarding the latest Police Labor Negotiation offer. The Police Union meets 1-19-81 so I ' ll be able to tell you Tuesday if we 've gotten a tentative agreement . JKA: jms MEMO TO: SPUC and City Council FROM : Walt Harbeck, Mayor RE: Replacement for Industry Agreement Revenue DATE : January 15 , 1981 Introduction I an interested in the status of SPUC ' s efforts to collect background data for the basis of an electrical franchise fee or "surtax" . The City is concerned about replacing lost revenues as soon as possible and I 'd like to know when SPUC will have something for the City Council to review. Process/Procedures It was my understanding that SPUC was well along in collect- ing this data that was to be used to make a proposal to City Council . If this is correct , I would also like to clarify what you feel the next step should be . What should the role of SPUC , City Council and/or the Mayor ' s office be so that the matter can be worked on at the right level at the right time and as expeditiously as possible . Summary I feel this replacement of the Industry Agreement revenues is the number one priority of 1981 . The City and SPUC must develop an alternative as soon as possible . Please let me know what you see as the next step(s) and as a realistic time table so I can relay this information to City Council . WCH/jms Summary of Vacancies Cr A enc No. of Vacancies For further information call : (area code 612 unless indicated) Arts Board 4 Board of Abstractors 2 341-7170 Board of Accountancy 296-7937 Board on Aging 1 296-7937 Board of Animal Health 6 296-2770 2 296-2942 Board of Architecture, Engineering, Land Surveying and Landscape Archietecture 4 296-2388 Board of Assessors 2 Board of Barber Examiners 1 296-2364 Board of Boxing 296-2364 Board of Chiropractic Examiners 2 296-2501 3 296-3456 Board for Community Colleges 31 296- Board of Cosmetology 8456 Board of Dentistry 296-5313 296-53 Board of Education 2 296-23583 Board of Electricity 3 7111 Board of Examiners for Nursing Home 1 297-2111 Administrators 2 296-5406 Board of Examiners in Watchmaking 2 Board of Medical Examiners 2 296-296-55534 3 296-55 Board of Nursing 493 Board of Optometry 44 Board of Peace Officers Standards & Training 2 296-5544 296-2620 1 Board of Pharmacy296-5411 2 296-5513 Board of Podiatry3 Board of Private Detective and Protective Agent Services 1 296-2662 Board of Psychology .2 296-5419 Board of Residential Utility Consumers 2 296-4026 Board of Teaching 4 296-2415 Board of Veterinary Medicine 1 296-5388 Cable Communications Board 2 296-2545 Capitol Area Architectural and Planning Board 1 296-7138 Consumer Advisory Council on Vocational Rehabilitation 5 296-1822 Controlled Substances' Advisory Council 3 296-5411 Council on Quality Education 2 296-5072 Crime Control Planning Board 3 296-3133 Crime Victims Reparations Board 1 296-7080 Designer Selection Board 1 296-4656 Environmental Education Board 1 296-2368 Ethical Practices Board 1 296-5148 Gillette Hospital Board 2 291-2848 Higher Education Coordinating Board 3 296-3974 Higher Education Facilities Authority 3 296-4690 Housing Finance Agency 2 296-5738 Humane Society Board of Directors 1 296-3613 Levy Limitations Review Board 1 296-2246 Meat Advisory Council 1 296-2627 Merit System Council 1 296-3996 Metropolitan Council 8 291-6461 Metropolitan Parks and Open Space Commission 3 291-6461 Metropolitan Sports Facilities Commission 3 332-0386 Metropolitan Transit Commission 4 291-6461 Metropolitan Waste Control Commission 4 291-6461 Mississippi River Parkway Commission 2 224-9903 Pollution Control Agency 2 296-7373 Public Employment Relations Board 1 296-8947 Public Utilities Commission 1 296-8994 Rehabilitation Review_Panel 2 296-3391 Soil and Water Conservation Board 3 296-3767 State Information Systems Advisory Council 1 296-6852 State Retirement System 2 296-2761 State University Board 7 296-3717 Tax Court 1 296-2806 Water Resources Board 1 296-2840 Zoological Board 4 432-9010 ff r _i JJ Minnesota PoLition Con i r of Aaency . t27 ,-.. Mr. David W. Hanson - President JAN 1 5 13- 1 FABCON, Incorporated 6111 West Highway 13 . Savage, Minnesota 55378 . Dear Mr. Hanson: This is in response to your proposal of December 24 , 1980 , • - wherein permission was requested to land apply a concrete dust slurry generated by your company in order to evaluate its effectiveness as an agricultural liming material . A review of the chemical analysis of the concrete slurry revealed a pH value of 12 . 3 and a solids content of 32 percent. Pursuant to Minnesota Rule 6 MCAR § 4. 9001 , an aqueous material with a pH value of 12 or greater is considered a corrosive material , • and thus must be managed as a hazardous waste in accordance with - Minnesota Rule 6 MCAR § 4 . 9002 . - Minnesota Pollution Control Agency (MPCA) staff are currently reviewing the analyses and corrosive properties of substances similar to your concrete dust slurry . Also , MPCA staff are now considering proposing a rule revision in order to increase the maximum pH value for an aqueous material to 12 . 5 . This • change would serve to make our State rules consistent with Federal regulations . Therefore, at this time MPCA cannot approve your proposal without a complete evaluation of the concrete dust slurry pursuant to Minnesota Hazardous Waste Rules . If you have any questions regarding the hazardous waste rules or the above mentioned proposed rule change , please contact Larry P. Christensen at 297-2714 . If you have any questions regarding landspreading • in general, please contact Margaret A. Bahr at 296-7391 . Sinc) () cerely, v...._..u.v. \ ., , Ho man �" 0�� Terry Executive Director TIl: lmjphone: (612) 296-7391 1935 West County Road 82, Roseville, Minnesota 55113 cc: See Regional Offices - Dufuth;Brainetd?Detroit Lakes/Marshall/Rochester Attached List Equal Opportunity Employe: Mr. David W. Hanson • Page Two JAN 15 i 1 cc: W. K. Johnson , Metropolitan Waste Control Commission R. C. Polta, Metropolitan Waste Control Commission Al Frechette , Scott County v, alter Harbeck , City of Shakopee CONFERENCE FOR NEWLY ELECTED OFFICIALS Saturday, January 31 , 1981 L'hotel de France, Bloomington . e • r /_ f ti. lall' 1111 4/. 0 0/0 Al IH\ m•m•I, I ff,, aI1rihi ; Pie1I, -- l -N1.12' I 76 ______ SEMINARS FOR ALL ELECTED OFFICIALS "Making Sense Out of Dollars" and " Let's Do It MY Way: The Uses and Abuses of Power" Friday, January 30, 1981 L'hotel de France, Bloomington Making Sense Out of Dollars: Economic Analysis for Local Government Friday, January 30, 1981 12:30 — 4:30 p.m. Sponsored by the Government Training Service Elected officials are often required to make difficult economic decisions affecting their cities. At such times,they both want and need sound information on which to base those decisions. On one hand,they know the problems which con- front their local economies; on the other hand,they are not sure what steps to take to solve them. This workshop will provide an overview of various methods of economic analysis which can be applied to local prob- lems such as: • Whether to improve Main or Elm Street • Whether to provide trash service or contract it out • How to determine the level of efficiency of current fire services • When to substitute user charges for taxes; how to establish pricing • How to calculate the costs and revenues of rezoning a tract of land for industrial use Local officials will discover the policy questions involved, how to find the answer, plus results and limitations you can expect. You will also learn what techniques can be utilized by current staff without resorting to outside consultants or lengthy and expensive calculations. Three topic areas (chosen on the basis of participant interest) will be covered in depth,allowing participants to work through actual examples. NOTE: Both newly elected and experienced city officials will find this workshop of interest. You may also find it valuable to team with an administrative staff member. FEE The registration fee of $40 includes tuition, refreshment break and copies of The Making Sense Out of Dollars; Eco- nomic Analysis for Local Government Handbook and Executive Summary published by the National League of Cities (a $9.00 value). FACULTY Arthur Schreiber, Assistant Dean of Administration and Professor of Economics, College of Business, Georgia State University. Author of Making Sense Out of Dollars; instructor of 15 workshops for the National League of Cities. Let's Do It MY Way:. The Uses and Abuses of Power Friday, January 30, 1981 7:00 to 9: 15 p.m. Sponsored by Women in City Government Presented by the Government Training Service Most city council members have ideas of what they would like to accomplish during their term of office. But not every- one is skilled in working within the council environment to obtain desired results in a positive and effective manner. This session is designed for those who would like to: - broaden their repertoire of influence styles and skills - improve their ability to change the way they influence to match the specific situation - mobilize the commitment and energy of others - make a positive difference in their city Participants will learn what power is and how it can be used,plus assess their own styles of influencing others and iden- tify an effective strategy to use in their particular council situation. Why not invite a colleague or two for an evening of presentations,small group discussion and sociability. ALL elected officials and administrative staff are welcome! FEE The registration fee for this program is $10.00 payable with registration. Light refreshments will be served following the program. FACULTY John Abbott,Principal,Abbott Development Services. Certified facilitator for copyrighted Positive Power and Influence Program. Has been director of training and organization development services,a change consultant to over 70 organiza- tions,and holds an MBA degree. Conference For Newly Elected Officials January 31 , 1981 8: 15 a.m. to 4: 00 p.m. Sponsored by the League of Minnesota Cities Presented by the Government Training Service in cooperation with the Department of Conferences, University of Minnesota Now that the elections are over, it's time to take your seat on the Council and meet the growing challenge of governing your city. Recognizing the tough job and serious responsibilities confronting you,the Government Training Service is offering a one-day Conference for Newly Elected Officials to ease the transition. WHO SHOULD ATTEND? The Conference will speak primarily to newly elected Mayors and Council Members; however,any incumbent elected official or appointed employee will find it to be a valuable "refresher" course. In response to numerous requests, we have initiated a special "spouse"registration. FEE The conference fee af-$354ncludes tuition, materials,-luncheon and breaks. The "spouse" conference fee of $20 in- cludes all the above except materials. PROGRAM 8:00 a.m. Registration 8:15 Welcome and Introduction to the Day Vaughn Thorfinnson 8:30 Some Survival Tactics for the Newly Elected Official Meg Bye 9:00 Councils —What They Can and Cannot Do (a look at their forms, functions, authorities and limitations) David Kennedy The Open Meeting Law/the Data Privacy Act To Be Announced Personal Liability, Conflict of Interest and You George Hoff 12:00 noon Luncheon League of Minnesota Cities Resources for Cities June Demos 1:15 p.m. Governing Your City —Getting a Good Start (practical tips in three critical areas) Smaller Cities Personnel and Labor Relations Daniel Foth Budgeting and Finance William Jokela Planning and Zoning Gunnar Isberg Larger Cities Personnel and Labor Relations Michael Hulett Budgeting and Finance Ken Yager Planning and Zoning Earl Laufenburger 2:45 Refreshment Break 3:00 No City Is An Island Donald Slater (how to relate to federal,state and other local Wayne Burggraaff governments to benefit your city —locating and Jerry Chasteen maximizing resources,dealing with constraints and mandates, lobbying) 4:00 Adjourn FACULTY Wayne Burggraaff,Commissioner Daniel Foth, Labor Relations Consultant David Kennedy,Attorney Minnesota Department of Finance League of Minnesota Cities LeFevere, Loeffler,O'Brien and Drawz Maureen Bye,Council Member George Hoff,Attorney at Law Earl Laufenburger,Mayor City of Duluth Collins, Hoff and Allen P.A. City of Winona Jerry Chasteen, Executive Director Michael Hulett,Personnel Director Donald Slater, Executive Director Southwest Regional Development City of Moorhead League of Minnesota Cities Commission Gunnar Isberg,President Vaughn Thorfinnson,Mayor June Demos,Mayor Gunnar Isberg&Associates City of Red Lake Falls City of Roseville William Jokela,Clerk-Treasurer Ken Yager,Mayor and former Mayor City of Minnetonka City of Sandstone Location and About The Government . Accommodations Training Service 61§ The location for all three programs is L'hotel de France The Government Training Service is a public, joint (5601 West 78th Street, Bloomington, MN 55435, powers organization providing training and consulting 612/835-1900). A block of sleeping rooms has been services to public officials, employees and employers reserved for Friday, January 29. Those requiring in the State of Minnesota. Its members include the accommodations are asked to contact the hotel League of Minnesota Cities, the Association of Min- directly by January 16. To obtain the substantial nesota Counties, the Association of Minnesota Town- block reduction, mention the Conference for Newly ships, the University of Minnesota, the State Planning Elected Officials. Agency and the State Department of Employee Relations. Registration Register in advance by mailing the attached form. Cancellation Multiple registrations can be made by duplicating the form. Registrations should be received by Friday, Fees will be fully refunded if the registration is can- January 23. celled in writing by January 27. Alternates will be accepted at any time. For Information Carol Schoeneck Government Training Service 636 Minnesota Building Fourth and Cedar Streets St. Paul, MN 55101 The co-sponsors are committed to the policy that (612/222-7409 or Toll Free 800/652-9719) all persons have equal access to their programs, facilities, and employment without regard to race, — or — creed, sex, color, national origin or handicap. Joe Kroll Department of Conferences University of Minnesota 315 Pillsbury Drive SE Minneapolis, MN 55455 (612/373-3685) Conference for Newly Elected Officials/ J K 39 - 59 Seminars for All Elected Officials L'hotel de France NAME (LAST) (FIRST) (MIDDLE) CITY ADDRESS (STREET) (CITY) (STATE) (ZIP) PHONE POSITION Please register me for: C. ( ) Saturday Conference: A. ( ) Friday Seminar: "Conference for Newly Elected Officials/Regular" ($35) "Making Sense Out of Dollars" D. ( ) Saturday Conference: "Conference for Newly Elected Officials/Spouse" ($20) B. ( ) Friday Evening Program: "Let's Do It MY Way" Spouse Name: ❑ Registration fee in the amount of$ enclosed. ❑ My fee(s) will be paid by my city. Enclosed is a letter of (Makecheckpayable to the University of Minnesota.) authorization to bill and/or a purchase order number. Wit Mail to: Registrar, Department of Conferences, University of Minnesota, P.O. Box 14084, Minneapolis, MN 55455 CITY OF SHAKOPEE 1 ' BUILDING PERMITS ISSUED IN DECEMBER 1980 5248 Robert T. Wohlers •811 Prairie House $ 50,000 i.�i' d3 Zirrk. 7 v'I c:_, 5249 John Engler 1148 Tyler St. Fireplace 1 ,000 5250 Jack Brambilla 115 N. Lewis Paint Rm. 550' 5251 Puckett Trucking, Inc . Maras Addn. Addition 45 ,000 5252 Valley Fair Footings Only 10,000 5253 Valley Fair Addition 45 , 900 5254 Valley Fair Addition 60,000 5255 Valley Fair Addition 6, 000 5256 Laurent Bldrs. 1268 , 70, 72 , 74 Polk Townhouse 164,000 L I-'/ IJ,;t MO vAlk£y '�'� 5257 Conklin Road - Access 4 , 384 5258 James A. Link 1091 E. Shakopee House 60,000 5259 Laurent Bldrs. Footings Only 16 ,000 5260 Amcon 4571 Valley Ind.Blvd Office/Mfg. 550,000 5261 Fairest Made Foods 134 S. Main Alteration 1 , 500 5262 Viking Steel Prod. Hwy 101 Addition 22 ,000 5263 Kathleen George 829 Lewis Fire Repair 6,000 5264 John T. Anderson 20:110 Hilldale Dr. House 48 ,000 1.4 ii i Zrsc 'x 1 5265 Howe Chemical 7632 Hwy 101 Grading 22 ,000 5266 Howe Chemical 7632 Hwy 101 Foundation 60,000 5267 Eugene Pearson 112 Sommerville Sign 200 5268 Laurent Bldrs. 1260, 2 , 64 66 Polk �.,ko wnhouse 164,000 L ,-/ 0; fu VqLLEy 5269 Jim Graves 1251 E. 1st Ave . (Motel ) Sign 3 , 300 5270 Robert Rawson 5215 Eagle Creek Blvd. Porch 900 $1 , 340, 734 n 11 • 'CITY OF SHAKOPEE .BU] LDING ACTIVITY REPORTDecember 31 , 1980 PERMITS ISSUED Dec . Yr. to Date Total ,Previous Year 5248 - 5270 Number Number Valuation Number Valuation • MO . YTD. Single Dwellings 3 29 1 , 734, 240 - 80 4, 434,032 Multiple Dwellings 2 18 3, 510,438 1 3 1 , 883, 500 (Mo.Units) (YTD Units) (8) ( 113) (-) ( 64) Dwelling Additions 1 19 104, 900 2 22 197, 150 Other FOUNDATION ONLY 2 4 54,000 - - - Business Dist . - 2 11 3 , 423 , 400 - 10 1 , 119 , 200 Agricultural - 3 36,000 - 1 5, 200 Industrial Dist . 3 28 23, 656, 390 3 22 7, 254, 560 Accessory/Garages - 30 143, 418 1 65 254, 195 Signs & Fences 2 25 51 , 133 2 24 19 , 569 Sidewalks & Drives - - - - 1 500 Grading/Excavation 2 7 113 , 100 - 13 1 , 550, 200 Remodeling (Res. ) 2 55 95, 252 3 48 89,050 Remodeling (Inst . ) - 5 506,000 2 11 405 , 758 Remodeling (Other) 4 48 712, 754 6 23 3 , 516, 538 TOTAL TAXABLE 23 277 33, 635 ,025 18 312 20, 323 , 694 TOTAL INSTITUTIONAL - 5 506,000 2 11 405 , 758 GRAND TOTAL 23 282 34, 141 , 025 20 323 20, 729 , 452 MO. YTD. MO . YTD . Variances - q 1 19 Conditional Use - 15 2 26 Re-Zoning - 8 _. 4 Moving - 2 1 7 Electric Permits 16 215 26 222 Plmbg. & Htg. Permit 15 187 10 221 Razing Permits : Residential - 1 - 1 Commercial - - - - Total dwelling units in City after completion of all construction permitted to date 3 , 433 Phyllis Knudsen Deputy City Assessor MEMO TO : John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE : Payroll Cycle DATE : January 8, 1981 In response to your questions concerning Council payroll , the system works as follows . The first check received by an employee in this calendar year is wages for the prior year and at the prior year ' s rate . However, the employee received the check in the current year so it is his first pay for 1981 under IRS rules . Example - Council members received 26 checks in calendar 1980 1980 pay $3 ,000 26 = $115 .38 X 25 checks received = $2 ,884.50 First check received in ' 80 for ' 79 92 . 30 Wages received in 1980 $2 ,976 .80 Likewise the first check received in ' 81 is for 1980. GV/jms BOARD OF COUNT? COMMISSIONERS' i/3/e1 cam= BG ` scary COUNTY, MINNESOTA 1 P� Xe' } December 30, 1980Resoiuiion No vl 80?13 Date Motion by Commissioner gr"?' Seconded by Commissioner 3oe?emar. Page 1. of 3 RESOLUTION NO. 80113 ; ADOPTING CONDITIONALLY, JAN 1 2 1981 THE OFFICIAL MAP FOR THE SHAKOPEE BY-PASS. CITY OF SHAKOPEE WHEREAS, the Corridor Location Study for Trunk Highways 169, 212 and 41 prepared by the firm- of Howard, Needles, Tammen and Bergendoff, Consulting Engineers, on behalf of the Minnesota Department of Highways and completed in February, 1970, offered three corridor system design options for the study area; and • WHEREAS, those representatives of communities within Scott County directly affected by the study, as well as the county itself, offering testimony at the public hearing on the corridor options conducted on June 3, 1969, favored a. composite system identified as Unique System D; and WHEREAS, the Unique System D plan provides for a trunk highway corridor by-passing the City of Shakopee to the south and passing through the Township of Jackson and the Cities of Shakopee and Savage; and WHEREAS, in recognition of the need to study and define the Shakopee by- pass corridor described in the study, the Scott County Board of Commissioners created the Shakopee By-Pass Task Force of Scott County by Resolution No. 74017 adopted January 15, 1974, with that charge and appointed representatives there- to from the County, the Cities of Shakopee, Prior Lake, and Savage, the Town- ship of Jackson, the citizenry at large, the Minnesota Highway Department and the Metropolitan. Council; and WHEREAS, following the organization of the Task Force, said body assumed the tasks of establishing a. centerline for the by-pass corridor, and preparing an Official Map for adoption by those jurisdictions required to do so, and in the manner prescribed by MSA 394.32, Subdivision 3; and `REAS, upon the recommendations of the Shakopee By-?ass Task Force, the Scott County Board of Commissioners authorized the conduct of a Location Study Report, an Environmental Impact Statement, and a Preliminary Design Plan for a trunk highway by-pass around the City of Shakopee by Resolution No. 75119 adopted on July 29, 1975; and ;REAS an agreement with the firm of Howard, Needles, Tammen and Bergen- doff to conduct these studies was authorized on January 20, 1975 , by Resolution No. 75223, again upon the recommendations of the task force; and .- . BOARD OF COUNTY COMMISSIONERS " w SCOTYCOUNTY, MINNESOTA December 30, 1980 Resolution Na 80113 Date Hron i Boegeman • Motion by Commissioner , 1' Seconded by Commissioner . Page 2 of 3 WHEREAS, pending the adoption of these studies, a series of public meet- ings and hearings were conducted which offered input from all citizens, pro- perty holders and public officials having an interest in this project; and .WHEREAS, throughout the course of the task force's activities, the com- prehensive plans. for those jurisdictions affected by the by-pass corridor were consulted on a regular basis; and WHEREAS, in the present state of the comprehensive plans for those juris- dictions, the Shakopee By-Pass Corridor is addressed; and ;REAS, on August 2.9, 1979, the County Attorney rendered an opinion wherein it was set out in effect that an official map will not be binding until either the municipality adopts the official controls (official map) or the County adopts official controls (official map) to apply within the incorporated area at the request of the municipality; and WFIREAS, at a meeting of the Shakopee By-Pass Task Force held on December 19, 1979, the Official Map for this project, is its completed form, was re- viewed and recommended for adoption by the several governmental jurisdictions affected; and WHEREAS, on January 2, 1980, the Shakopee City Council went on record re- questing the County of Scott to adopt an official map for the Shakopee By-Pass on behalf of the City of Shakopee, by the adoption of Resolution No. 1542;. and WHEREAS, in response to concerns raised by the Jackson Township Board, the Scott County Board of Commissioners adopted Resolution No. 80037 on May a, 1980, in which it committed to land uses for lots in Jackson Township subject to displacement by the proposed Shakopee By-Pass; and WHEREAS, by action taken on September 18, 1980, the Jackson Township Board went on record declining to sign the Official Map. for the Shakopee By- • pass for reasons set out therein; and W1EREAS, the County Attorney's opinion of August 29, 1978, as it inter- prets Chanter 394 of Minnesota Statutes has been questioned by the task force; and WHEREAS, upon notice duly published, a public hearing on the adoption of the Official Map (Official Controls) was held on December 23, 1980- HOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA December 30, 198080113 Date Resolution No HronBoegeman Motion by Commissioner Seconded by Commissioner Page 3 or 3 NOW THEREFORE 3E IT RESOLVED by the Board of Commissionersin and for the County of Scott, Minnesota, that pursuant to MSA 394, the Official Map (Official Controls) for the Shakopee By-Pass as was conveyed to Scott letter from William A. Crawford, ?.Z. , District V Engineer, Count•, under Z..,.tel m ' Minnesota Department of Transportation, dated September 7, 1979, be and hereby is adopted subject to legal findings in the review of the County Attorney' s Opinion cited above. BE IT FURTHER RESOLVED, that should the aforementioned action be ruled invalid, and that ruling upheld by the Office of the Attorney General or a court of competent jurisdiction, the Metropolitan Council and the Minnesota Department of Transportation, in their respective roles in this project, are requested and urged herewith, to include the Shakopee By-Pass as a high pri- ority project within the Transportation Policy Plan for construction at the earliest possible date. BE IT FURTHER RESOLVED, that pursuant to the commitment of the immediate past Chairman of the Metropolitan Council to resolve the. issue of sewer inter- ceptor needs for the City of Shakopee and the Township of Jackson, the Scott County Board of Commissioners assures those same local units of government herewith, that it will pursue through every available means, a commitment from the Metropolitan Council that the planning for the construction of the Shakopee By-Pass and the necessary sewer interceptors will take place simultaneously. BE IT FINALLY RESOLVED, that the County Administrator is directed to furnish copies of this resolution to all government jurisdictions and agencies affected by the above action adopting the Official Map (Official Controls) for the Shakopee By-Pass forthwith. YES NO Koniarski Kcniarsici X Worm `Norm Hron X Hron +aiermann Hafermann _oecarran , goegeman State of Minnesota ), ss. Gaunt,of Sean I,„Oeecin F. vies.Ct:!v atm:+nmem eual+tieq and annq Ceunry administrator for the County of.Scan.State of Minnesota.ea nereey certify that Reso±uC1OP. M,cn':nsengine+minutes ofthearecrea+ngsaftne2oaraotC:untyCommtsmaners gave=reared the tcregcu'q cony et a -� 9 QO now en t,±e.n my cities.and nave cuna.me"tame to ce a C ?Air!n9SCt8. 3t err<_ass;cn ^e+a :rt .^e•i - .:aY,;f - =cea aunty. c. - r•;earse cerrectcec,mentor. `�_J'-" December. 1980. �aY CT .V,tne33 Tr nand enc crtic:af seal at Sn akcCee.�dinneSCt3.:?' Ji / .:.:unry^cm+r i'ra+or 1/5/78 Adopted f CITY OF SHAKOPEE, MINNESOTA POLICY , CRITERIA AND PROCEDURES FOR THE REVIEW OF MUNICIPAL INDUSTRIAL AND COMMERCIAL DEVELOPMENT BOND APPLICATIONS I . GENERAL POLICIES - SHAKOPEE The Cicy of Shakopee has been granted the power to issue revenue bonds commonly called Industrial Development Bonds by the Minnesota Industrial Development Act , Ch . 474, Minnesota Statutes (the "Act") . Tne Shakopee City Council , being aware chat such financing may be advantageous co the City of Shakopee and may help achieve the overall development and employment goals of the Cicy, has expressed its support for the use of such bonds- but has reserved the right co approve or reject projects on a case basis caking into consideration the following factors : a . The industrial or commercial project shall be compatible with the .overall development plans and objectives of the Cicy and of the neighborhood in which the project shall lie . b . The project shall be of a nature chat the City wishes to attract , or an existing business the City wishes to have expand within the City con- sidering potential for employment , incentive for further development, impact on City service needs and support for industrial or commercial operations currently located in the City . -2- (,) c . The total aggregate amount of industrial development bonds and/or exempt mortgages outstanding at any one So% time shall not exceed-§oto of the total assessed ( taxable) valuation of the City . 3 d . Tax exempt mortgage financing will be allowed as an alternative to bond financing but will be subject to the same policy, rules , and regulations . e . The application cannot be considered by the Cicy Council until the City Council finds that the project is in accordance with the existing comprehensive planning, zoning, platting and building regulations . f . The applicants proposed facility, or expansion of an existing one , shall provide a significant number of new jobs within the City . g . The applicant shall select qualified financial consultants and/or underwriters as well as legal counsel to prepare all necessary documents and materials . h . The applicant must not commence any pare of the construction of the project until there has been preliminary approval by the Council of the appli cation for financing . -3- i . The City is co be reimbursed and held harmless , for and from any costs related to the actual or proposed issuance of bonds or tax exempt mortgages ac the time of application . ' 1 submitting : appli ants will - crow with the ' ty of S akopee $1000 c• cove the costs of staff an. 'consultant considerac " .•n of any proposed developme c project . Unexpen.ed funds shall be recur ed to the applicant when the project " s withdraw , denied or gra ted f" nal approval . SEE ATTACHED FEE SCHEDULE . j . The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to adopting the final resolution authorizing issuance of industrial development bonds . II . CRITERIA FOR APPROVAL OF APPLICATIONS a . Commercial Development Issues : The following minimum criteria must be met before the . City Council adopts the appropriate resolution approving any proposed project : Preliminary Resolution - 1 . The loan is CO be secured by a real estate mortgage and there is a determination that the real estate value shall be equal to at least 90'/0 of the total bond or note issued . 2 . The applicant has a firm commitment on interim financing from a reputable lender . -4- 3 . The type of financing is to be a mortgage revenue note which will be sold only co institutional , not individual investors . A . The proposed underwriter is known co the City , or has satisfied the City as to the history and reliability of the firm. 5 . Satisfactory arrangements have been made with the City for the reimbursement of all local public costs for the project , including the cost of any public improvements required for the property.. Final Resolution - 1 . The City Attorney has reviewed and approved all documentation affecting the security of the issue , as prepared by Bond Counsel for final execution. 2 . A list is provided of all purchasers of mortgage revenue notes . 3 . The project has been completed in general compliance with the plans submitted at the time of the request for the preliminary resolution. 4 . Final arrangements have been made to the City' s satisfaction that all public costs have been or will be paid . b . Industrial. Revenue Bonds : -5- lJ The following minimum criteria must be met before the City Council adopts the appropriate resolutions approving any proposed projects . Preliminary Resolution - 1 . The financial_ instruments are to be secured by a mortgage and no senior unsecured debt would be approved unless the City Council accepts a Standard and Poorsor Moody ' s rating as evidence of fiscal ability to repay the costs incurred . 2 . The debt service schedule shall be fixed to coincide with the useful life of any equipment or furnish- ings which are not considered an integral part of the building . 3 . A certificate is furnished which indicates that the building and the furnishings value shall be equal co at least 90% of the total amount of the issue . 4 . Net earnings statements for the last three years must show chat net earnings exceed the total anticipated annual cost of debt service on the issue by two times . 5 . The proposed underwriter is known to the City and has satisfied the City as to the reliability of the firm. -6- 6 . Satisfactory arrangements have been made for the payment of all public cost of the development . 7 . If interim financing is to be required that a firm commitment be presented from a reputable lender , or an indication from the corporation chat it has funds available to complete the building itself on an interim basis . Final Resolution - 1 . The project is completed in general compliance with original plans . 2 . The City Attorney has reviewed and approved all legal documentation including mortgage and trust indentures . 3 . Final arrangements have been made to pay all public cost . 4 . The certification that no major financial change has occurred which adversely affects the • corporation ' s ability to pay the debt service or threatens the continued profitable operation of the corporation since the date of the last financial statement presented at the time of the initial resolution request . III . ADMINISTRATION PROCEDURES 1 . Fully completed application and supporting documentation payment must be submitted three ( 3) weeks before City Council consideration . -7- /,7 2 . City staff and consultants will review the application and prepare a report to the City Council . 3 . City Council may deny the project or request preparation of the appropriate resolution for preliminary approval at the next Council meeting . 4 . Approval of the final resolution will be considered by the City Council after the required criteria for firm approval have been met . S CITY OF SHAKOPEE APPLICATION FOR COMMERCIAL DEVELOPMENT ISSUES Date Applicant Name : Address : Phone : Location of Proposed Project (address and legal description) : Please answer fully all of the following questions . You may attach requested documentations : 1 . What is the specific proposed use of the facility? What is the project ' s estimated minimum and maximum size and/or capacity? f 3 . How many new people will be employed in Shakopee as a direct result of this proposed project? 4 . What is the proposed date for start of construction? Completion of construction? 5 . What is the estimated range of costs for the facility : a. Building construction. b . Furnishings . c . Property development . d . Land acquisition . e . Professional fees . Application for Commercial Development Issues Page/,2 1) Architectural engineering 2) Legal 3) Fiscal f . Other (detail) . 6 . What is the applicant ' s legal interest in the land? 7 . A list of all members of any corporation , partnership or other organizations which will have a legal and fiscal interest in the ownership and management of project and that identification of that interest , and listing of credit and professional references for all interested parties (if applicable) . 8 . Resume of any person, partnership, or corporation which will own or manage any portion of the facility. 9 . If any of the project is to be leased to other parties , an identification of those parties and a showing of commitment for that interest . 10. If interim financing is required, a showing of a binding commitment for that financing from a reputable lender . 11 . Statement as to the fiscal financing method to be used such as bonds , mortgage revenue notes , or unsecured debt . 12 . Statement as to whether the financing instruments will be sold to individuals , insurance companies , savings institutions or other . 13 . If considered appropriate by the City, a financing feasibility report may be required which will detail those physical service and financial factors which will indicate possible success or failure of the proposed facility . 14 . Method of payment of all public cost to be incurred in develop- ment of the property . Application for Commercial Development issues Page 3 15 . Name of the underwriter or investment banker who will be selected to place the final financing. A list of at least five other issues which have been completed by the underwriter or banker shall be provided . 16 . Name of the proposed trustee to be designated . (Signed) (Date) • 1 `5 CITY OF SHAKOPEE APPLICATION FOR INDUSTRIAL REVENUE BONDS Date : Applicant Name : Address : Phone : Location of Proposed Project (address and legal description) : Please answer fully all of the following questions . Requested documents may be attached: 1 . Specific proposed use of the facility . 2 . A list of all of their facilities owned or operated by the applicant . 3 . How many new people will be employed in Shakopee as a direct result of this proposed project? 4 . What is the proposed date for start of construction? Completion of construction? 5 . The estimated cost of the facility classified by: a) Building construction. b) Furnishings or non-fixed equipment . c) Land acquisition . d) Property development . e) Professional fees . 1) Architectural engineering . • • Application for Industrial Revenue Bonds Page 2 2) Legal 3) Fiscal f) Other (detail) . 6 . Applicant ' s legal interest in the land . 7 . Audited financial statements of the corporation for the immediate past three years . 8 . A description of the corporation, including a resume of owners if privately held, or a resume of major officers and the board of directors of publicly held corporations . 9 . If interim construction financing is required, a commitment for such financing from a reputable lender . 10 . A statement as to the final financing vehicle as to whether the instrument should be bonds , mortgage revenue notes , or unsecured debt . 11 . Method of payment to the City of all public cost . 12 . The resume of the underwriters including a listing of five other comparable offerings which have been placed with chat under- writer . 13 . A listing of all other corporate debt by amount, date of obligation, annual required payments , obligee , and type of security. (Signed) (Date) INDUSTRIAL REVENUE BONDS FEE Approved March 5 , 1980 Mortgage or Bond City Fee $1 .00 to $1 ,000,000 $1 ,000.00 $1 ,000 ,000 and over $1 ,000.00 plus 0 . 5% of amount over $1 ,000,000 PROCEEDINGS OF THE PLANNING COMMISSION Special Session Shakopee, Minnesota December 18, 1980 Chrmn. Schmitt called the meeting to order at 7:30 PM. MEMBERS PRESENT: Chrmn. Schmitt, Comm. Perusich, Coller, Koehnen & Vierling. MEMBERS ABSENT: Comm. Stoltzman ARRIVING LATE: Comm. Rockne STAFF PRESENT: City Admin. , John Anderson; City Planner, Tim Keane & Cncl. Colligan Coller/Vierling moved to accept the special meeting call. Motion carried unanimously. Coller/Koehnen moved to approve the minutes of November 13, 1970 as kept. Motion carried unanimously. Public Hearing - Conditional Use Permit - J. I. Case (PC 80-50C) Coller/Vierling moved to open the public hearing on the request for a Conditional Use Permit for open sales and exterior storage in an I-2 Zone. Motion carried unanimously. City Planner explained the applicant is Brant Construction (Case Power & Equipment) and the Conditional Use Permit is for the operation of an open sales lot and an on- site exterior storage to develop the site for the sales and service of construction equipment. He voiced the concern of city staff regarding screening of exterior storage and dust control in the demonstration area. The City Engineer has requested that the structural capacity of the sanitary sewer be verified. Chrm. Schmitt asked for comments from the applicant. Jerry Maas, representing Brent Construction, stated that he just this evening found out about the additional requirements, so couldn't adequately respond, but he didn't think there was anything that couldn't be taken care of. Don Woodward received the report instead of him. Jim Shrank, with the J. I. Case Co. , said he is familiar with the Ziegler property, and their site would be somewhat similar. Essentially, all equipment is for sale so it would be in rows and arranged attractively. Customer used equipment for re- pair would normally be kept to the rear. The demonstration of equipment would be to the very rear and there would be a minimum of movement. Chrm. Schmitt asked the applicant to quantify and identify the exterior storage area. A discussion was held regarding the base material and dust control. Jerry Maas stated the drainage plans would be engineered locally, after preliminary approval. Comm. Coller said he was concerned with the total use of the surrounding property; to wit, how much is decreased for parking for Raceway Park. He was informed that Mr. Woodward was told by Darwin Hintz that he owns property on the east side and will park cars there if necessary. He will still have 5 acres left on the west side, plus whatever he has on the east side. City Planner said the size of the exterior storage screened area would be determined by use. It should be clearly understood that equipment which is for sale can be displayed and everything else should be screened. • • Shakopee Planning Commission December 18, 1980 t, Page 2 Comm. Rockne explained the screening requirements are to protect the adjacent property owners. Chrm. Schmitt said therefore there would be no need to screen to the south, and the storage building and loading ramp may be sufficient screening to the east. Mr. Shrank asked if cyclone fencing with slatting was sufficient, and was answered "Yes" by the City Planner. Perusich/Coller moved to close the public hearing. Motion carried unanimously. Perusich/Vierling offered Conditional Use Permit Res. No. 268, for open lot sales and exterior storage, and moved for its adoption, subject to the following conditions: 1) City Engineer' s approval of the drainage plan. 2) Submission of a dust control plan subject to approval of the City Engineer. 3) Verification of the structural capacity of the sanitary sewer for parking and loading. 4) Specific designation of the exterior storage area screened in accordance with the ordinance. Motion carried with Comm. Rockne abstaining. Coller/Vierling moved to direct the City Planner to look at the potential parking problem associated with Raceway Park, and report back at the next meeting. Motion carried unanimously. Public Hearing (continued) - Amendment to Shakopee City Code to permit certain sales as a conditional use in an I-2 zone Coller/Vierling moved to take off the table the public hearing on the amendment to the Shakopee City Code. Motion carried unanimously. Coller/Vierling moved to continue the public hearing to January 8, 1981 to receive comments from the Industrial Commercial Commission. Motion carried unanimously. Comm. Coller requested the City Admr. notify the media that the Planning Commission will again be addressing the topic. Renewal - Conditional Use Permit - Shakopee Sports Center City Planner stated that a Conditional Use Permit had been issued on June 28, 1977, which was subject to various conditions, including annual review. He presented a slide presentation showing how some of the conditions of the permit had been viola- ted. Chir:. Schmitt stated that anything stored on the site other than boats for sale was a violation of the Conditional Use Permit. The applicant should be notified that he is not in compliance with the ordinance, and by continuing to do so he is jeopar- dizing any extension of the permit. Shakopee Planning Commission December 18, 1980 Page 3 John Laudon spoke as a representative of the Shakopee Sports Center. I-Ie stated he just recently assumed many of the responsibilities at the store and he appre- ciates the things which have been pointed out by the Commission. He is in total agreement that there has been misuse of the permit - - the debris, tires and general appearance definitely needed cleaning up. The west end of the lot was apparently a good place for people to display their items for sale. The Sports Center had nothing to do with the sale of these items, other than allowing them to be there. Most of the cars appear there after hours and on weekends. Maybe they need to put up a sign stating that there is no park- ing allowed. A brief discussion was held on not permitting parking on Prairie. Mr. Laudon stated the tires are utilized somewhat, but they don't need the number they had there, so he has had them all removed and will bring back only the amount that is needed for under boats. Mr. Laudon stated the lot in the future will be strictly for display of boats and trailers that they sell. There will be no long term storage. They have a number of boats that come in for repair and maintenance, and sometimes the space in back is not adequate for the completed work and is therefore sometimes put in the front lot until the owner picks it up. This is not winter storage. A discussion was held regarding the space problem for customer boats. Comm. Koehnen asked who exactly the owners and operators are. Mr. Laudon said himself, John Bjorklund, John Dobson and Gary Aslakson. John Bjorklund has gone into the wildlife gallery and John Laudon has taken over his responsibilities. Comm. Vierling asked if the Gallery changed the parking requirements. Chrm. Schmitt said it was just an expansion of the business, still retail and sales. Chrm. Schmitt asked the City Planner to research why when one of the conditions of the boat storage was that they be parked at least 10 feet back from the front and 10 feet from the side, yet apparently the permit for the chain link fence allowed it to go up to the sidewalk. Maybe if they moved the chain link fence back 10 feet that would be a definite barrier and a way to be sure the boats were 10 feet back. Comm. Koehnen asked if the City Planner had received complaints of persons loading boats later than allowed. City Planner said he hadn't, but someone on the council had. John Laudon stated they have a storage facility 3 miles out of town and most of tha loading and semi parking has been transferred there. Mr. Laudon said he would be willing to provide measurements, etc. regarding the concern of the excessive signage. He said most of the issues involved here could be worked out without any legal action. The City Planner stated it is quite evident that there has been a substantial effort in cleaning up the area, but there still appears to be storage within the lot which is non-conforming. Except for the set-back, it is largely in compliance with the original conditions. Shakopee Planning Commission December 18, 1980 Page 4 Chim. Schmitt suggested we continue the matter to allow staff to research the questions and problems and work with Shakopee Sports Center on solving them. The City Planner suggested we place the responsibility on Shakopee Sports Center to come up with a plan that works and give staff a chance to respond. Comm. Koehnen suggested staff check with the Police Department to see if there are any complaints. Comm. Perusich stated that if the applicant wants to have storage in the lot, he could make application for storage. John Laudon said the needs for the lot have changed over the years, but he is sure they can conform with the conditions set forth by the Planning Commission. Chim. Schmitt suggested the applicant incorporate parking needs into the plan, and then the commission can review the clean-up process. Coller/Rockne moved to continue the review of this Conditional Use Permit until January 8, 1981. Motion carried unanimously. Review .Preliminary Plat of Minnesota Valley 5th, 6th & 7th Additions City Planner stated this is a tabled item, not a public hearing. The developer has come back with a new proposal. Dick Wiggin, the applicant for the preliminary plat, presented his new plan. He pointed out that it contains no specific park, but a lot of green area which will create a buffer. A state highway engineer informed Mr. Wiggin that a berm is 3 decibals better than any fence for noise control, but he couldn' t give him any elevation figures, etc. , as the highway was so far in the future. City Council wants Polk Street developed as soon as possible. This has to be worked out with Watson Construction Co. Mr. Wiggin would like to add another street to cut down on the length of the cul-de-sac. A discussion followed regarding truck and general traffic going to the shopping center and moving around the development. Comm. Perusich asked if Polk Street will have the capacity for truck use. City Planner said that right now it is de- signed for residential use, but the County will build a collector street there when it is upgraded. Dick Wiggin stated that Watson dedicated 60 feet for Polk Street over a gas line easement, which the Engineer and staff doesn't like, and therefore the city wants more land from Watson. City Planner said there will be a new entrance to the shopping center off Polk Street. This new entrance proposed by Wiggin does seem to be a viable option, but it hasn't been looked at close enough to see if it would work with traffic circula- tion. Cncl. Colligan arrives at this point, 9:15 p.m. Comm. Perusich said the traffic circulation around the shopping center should be looked at before the engineering is all done for the plat. Chrm. Schmitt directed the City Admr. and City Planner to report back at the Janu- ary 8, 1981 meeting as to when the Engineering Department can start on the project and their tentative completion time for working on the traffic circulation around the shopping center. The Planning Commission generally likes the new plan. Chrm. Schmitt also directed City Planner to make sure the City has an easement to link the trail to Tompah. Shakopee Planning Commission December 18, 1980 Page 5 Discussion on Subdivision Regulations from Shakopee City Code City Planner stated the ad hoc committee wants to run a mock plat through these subdivision regulations sometime early in January. Chrm. Schmitt said he thought it was a great idea to take a plat through the sub- division regulations and he would like to know the results of that before further discussion. Comm. Coller asked if staff could lay out the current ordinance with this as to where the differences are, is it possible to get a cross-reference? City Planner replied it would be worth the effort. Coller/Perusich moved the Chrm. , with staff's assistance, draft a letter commending the ad hoc committee for drafting this subdivision pack. Motion carried unanimously. Coller/Vierling moved for a special meeting on January 22, 1981 to consider only thesa subdivision regulations. Notion carried unanimously. Discussion - amending Shakopee City Code to permit structures in excess of zoning height limitations as a conditional use in all zones. City Planner explained he is concerned about structures such as wind generators. He has researched and found that no other municipalities that have dealt with the matter. He would like to come up with performance standards, considering set-back, minimum lottage, noise, etc. It doesn't seem practical in urban areas, but large lot in- dustrial and agricultural are definite possibilities. It was suggested he might get some companies in private enterprise to work with the city. It was suggested he check with Plymouth and Aberdeen to see how they have coped with wind generators. We could also include antennaes, solar collectors, etc. Discussion - Metropolitan Councul' s Comments onthe Shakopee Comprehensive Develop- ment Plan At the next Planning Commission meeting the City Planner will come back with alternate strategies to be approved to ultimately be taken back to Metro Council. Discussion - Other Business: It was decided to try for three months as the City Planner suggested; to wit, setting public hearings for 7: 35 PM or thereafter, trying to keep the easier, faster ones at the beginning and the more time-consuming ones at the end of the meeting. City Planner stated that he did not have time to get research done on the sign ordinance. Coller/Koehnen moved that we express our concern as members of the Planning Commission to the City Council that the action taken to change the code rather than apply for variance leaves the City in a vunerable position for future sign problems. Motion carried unanimously. • Shakopee Planning Commission December 18, 1980 Page 6 Coller/Vierling moved the Commission send a letter of appreciation to Jane to thank her for her contribution as recording secretary for the Planning Commission, as no one else has taken the interest she has in following up on items. Motion carried unanimously. City Planner informed the Commission that the City Council did concur with the Planning Commission action in granting approval of a Conditional Use Permit to St. Francis Hospital to allow the development of a parking lot on Lots 3, 4 and 5 of Block 45 (4th and Scott), and denied permanent closing of Atwood Street. Comm. Perusich asked if there was any way the city could add something to the forms to be sure pertinent information goes to all parties concerned in applica- tions for permits, etc. The case reports have been coming out on a real short notice and this doesn't allow the people to respond at the meetings. Chrm. Schmitt suggested that we add an extra section to the application forms which would allow the applicant to list additional names of interested parties who want to receive the information. Cncl. Colligan said he was at a Waste Management Siting meeting earlier, that was why he was late here. He and Building Official Houser put on a presentation re- garding PCI and its violations. He received a packet of information which he will give to the City Planner for distribution to the Commissioners. Input ard feedback are requested to be taken back to the Council. Comm. Rockne asked about the research on the Auto Salvage, has it expanded? City Planner said their report was inconclusive, but now they have a point of reference for perimeters for the future. Comm. Koehnen asked that the Velodrome be checked to see if it is storing trailers. Perusich/Coller moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:35 p.m. John Schmitt Chairman Diane S. Beuch Recording Secretary rf ) CITY OF SHAKOPEE411A0V!itt INCORPORATED 1870 ~ 129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445-3650 KO rs 1";y,' ) January 16 , 1981 The Honorable City Council City of Shakopee Shakopee , Minnesota 55379 Mayor Walter C. Harbeck has notified me , Judith S . Cox, City Clerk of Shakopee , that a Special Meeting of the City Council will be held at 7 : 30 P .M. , on Tuesday, January 20, 1981 , in the Council Chambers of the City Hall for the purpose of conducting a regular meeting pursuant to the attached agenda. Please note that the 5 : 00 P.M. meeting, scheduled with the Utilities Commission, has been postponed. If you are unable to attend at this time , please let me know . Sincerely, i1 aklk , . Ju ' th S. Cox City Clerk jc Encl . ISI Th c' /l ) / )" Valle 1/ An Equal Opportunity Employer IF WI league of minnesota cities January 13, 1981 TO: Mayors and Councilmembers (c/o City Manager/Clerk - Please bring to the attention of your Mayor and Council ) FROM: Darlyne M. Lang, Office Manager RE: National League of Cities Congressional-City Conference The National League of Cities 1981 Congressional-City Conference is scheduled for Saturday, February 28 - Tuesday, March 3, in Washington , D.C. The deadline for advance registration is February 13. (Additional advance registration forms are available at the LMC office. ) Cancellation deadline is February 20. (A $25 refund charge will be made, and notice of cancellation must be postmarked by that date. ) The conference is to be held at the Washington Hilton. You are urged to make your hotel and flight reservations as soon as possible. Rooms are assigned on a first-come, first-served basis. During the conference, LMC will sponsor a caucus for Minnesota delegates as well as a working session and reception with the Minnesota Congressional Delegation. A specific schedule will be sent in advance of the conference. In previous years conference delegates have scheduled their arrival and departure on various dates, with the majority departing here on Saturday or Sunday and re- turning on Tuesday or Wednesday. To accommodate these dates the League has made arrangements for a block of space on the two alternate flights listed below. It is important to note that delegates must leave and return on the specific group flight reserved in order to get the group fare. If not, the passenger would be charged the full round-trip fare in effect at that time and possibly jeopardize the fare of others in the group. The group fare at the present time is $212.50 for 10 or more vs. $288 for regular coach fare. There is a 10% cancellation fee if cancelled within 7 days of departure. If you wish to take advantage of one of the flights you should send your reservation request, along with a check in the amount of $212.50 to: Ms. Shirley Kienholz Greyhound Travel Club 9601 Garfield Avenue South Bloomington, MN 55420 Telephone: 612-881-7115 OVER 300 hanover building, 480 cedar street, saint paul, minnesota 55101 C6123222-2861 -2- Flight #1 Western Airlines Flight #508. Saturday, February 28. Depart Twin Cities - 1:55 p.m. Arrive D.C. - 4:59 p.m. Non-stop/snack. Western Airlines Flight #505. Tuesday, March 3. Depart D.C. - 5:50 p.m. Arrive Twin Cities - 7:20 p.m. Non-stop/dinner. Flight #2* Republic Airlines Flight #670. Sunday, March 1. Depart Twin Cities - 8:45 a.m. Arrive D.C. - 11:51 a.m. Non-stop/breakfast. Republic Airlines Flight #679. Tuesday, March 3. Depart D.C. - 8:45 p.m. Arrive Twin Cities - 10: 15 p.m. Non-stop/snack. *Note . . . Fare increase to $230 anticipated within two weeks. Those reserving and submitting payment prior to increase will be accepted at $212.50. If the group flights do not meet with your time schedule, Ms. Kienholz can make arrangements for some Super Saver flights if you contact her directly. The Super Saver fare is presently $216. Group flight reservations must be made by February 4th. Super Saver flight reservations can be made up to 7 days prior to departure, subject to availability. ALL RATES SUBJECT TO CHANGE AT AIRLINE'S DISCRETION. DML:rmm TENTATIVE AGENDA SPECIAL SESSION SHAKOPEE, MINNESOTA JANUARY 20, 1981 Mayor Harbeck presiding 1 ] Roll Call at 7 : 30 P.M. 2 ] Approval of Minutes of November 5th & 18th, 1980, and Jan. 6 , 1981 . 3 ] Communications : a] B . J. Glaser re : RR Crossing on CR-83 b] 4] Liaison Reports from Councilmembers : a] Cncl . Colligan from the Fire Dept . ; Jt . Seven Man Committee and the Planning Commission b] Cncl .Hullander from the H.R.A. 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 ] Appointments to industrial Commercial Development Comm. b] Bluff Ave . vs Halo 2nd Watermain Improvements aa] Res . 1781 , Ordering A Report bb] Res . 1782, Postponing Bid Opening c] Engineering Dep ' t . Fees 't4A.416.0-a 7 ] Planning Commission Recommendations : a] Discussion of public facilities improvements required in Sections 7 & 8 prior to development b] Discussion of proposed Metro. Council Plan Amendment Guidelines 8] Routine Resolutions and Ordinances : a] Res . No . 1776 , Accepting Work On 1980 Pavement Preservation and Rehabilitation Program b] Res . No . 1784, 'Changing Bid Opening For VIP Sanitary Sewer Interceptor 81-1 c] Res . No . 1786 , Setting Public Hearing Date for Industrial Revenue Bond Application - Shakopee Professional. Group d] Res . No . 1787 , Setting Public Hearing Date for Industrial Revenue Bond Application - Valley Health Properties 9] New Business : a] Fred & Maetta Jurewicz, Chaircouple, 1981 Senior Class Graduation Party Committee b] Senior Citizen High Rise c] Authorize payment of the bills d] 1981 Sewer Fund Budget e ] Authorize Hiring of Police Clerk ; TENTATIVE AGENDA January 20, 1981 Page --2- f] Testing of Fabcon Lime Sludge on Scottland Site g] Suggested Resolution Opposing the Reallocation of Fire State Aid to Any Purpose Other Than Presently Mandated h] Proposed Contract for Engineering Services i ] = Review of Recommended Civil Defense Ord. & Direct Preparation of A Final Draft j ] Authorizing Temporary Position of Engineer Trainee for Shakopee Fire Department k] 1977 SAC Charges Audit 1 ] Sewage Sludge Disposal Sites 10] Consent Business : a] Abatement of Assessment b] Interfund Transfers 11 ] Other Business : a] Status of Police Labor Negotiations b] c] d] 12 ] Adjourn to Tuesday, January 27th at 5 : 00 P .M. John K. Anderson City Administrator I I 3 a.) MEMO TO :'`---Mayor and City Council FROM: John K. Anderson, City Administrator RE : Request for Route 83 Railroad Crossing Guard and Signal Lights at Route 83 and 101 DATE : January 16 , 1981 Introduction The Mayor received the attached requests for the above improvements from B . J . Glaser , Owens-Illinois . Background It is City practice when requests such as this are made to investi- gate the need by: 1) doing traffic counts and 2) checking police accident records . In this case we are talking about a county road and trunk highway, therefore we would contact the County and MN/DOT to do 1 and 2 above . Recommendation It is my recommendation that Council instruct staff to forward the request to the County and MN/DOT and request their immediate atten- tion. JKA/jms B. J. Glaser L.. DEC 1 9 1980 01 CITY OF SHAKOPEE 12/15/80 Walt, I would also like to direct a letter to the correct person in the State concerning a light at the intersection of Route 83 and 101. This has become a dangerous intersection with all the traffic and, compounded by the hazard at the crossing. It has become very difficult to safely cross 101 at peak hours. If you would provide some direction to me, I would like to write another letter. Thank you ccs\\( B . J. Glas jh • • 1 F , • OWENS-ILLINOIS• Forest Products A • Division 1 Minneapolis Plant B J Glaser Genera!Manager December 15, 1980 • Mr. N. H. Clark Chicago & Northwestern Transportation Co. 275 E. 4th Street St. Paul, MN 55101 Dear Mr. Clark, I'm sure you are aware of the increased traffic that is occurring at the corssing on Route 83 in front of our plant. I understand from Mayor Walt Harbeck that a crossing light will be installed once the K-Mark plant is completed. It is my opinion that this should be accomplished immediately as the traffic at this crossing is already very heavy due to the construction, equipment involved in the building of K-Mart and the other new industry in this area. I'm certain you know about the collision at the crossing last week. It was very fortunate that no one was injured. I feel there is considerable risk at the corssing and do not want to endanger our employees lives any longer. I request your attention to this urgent need as soon as possible. s ectfuliy, \. , ‘,C4`ls( B. . Glaser jh Copy to: Mayor Walter Harbeck City of Shakopee Post Office Box 9 Shakopee. Minnesota 55379 (612)445-4201 e_ ‘, et. MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox, City Clerk RE : Appointments to Industrial Commercial Development Commission DATE : January 15 , 1981 Introduction On January 6 , 1981 the Council unanimously made the following nominations to the Industrial Commercial Development Commission : Jim Raduenz and Don Woodward for the term expiring 1/31 /82 ; Roger Peterson and Al_ Furrie for the term expiring 1 /31/83 ; and Marjorie Henderson and Jim O ' Neill for the term expiring 1/31 /84 . Action Needed Move to make the following appointments to the Industrial Commer- cial Development Commission : Jim Raduenz and Don Woodward for the term expiring 1/31/82 ; Roger Peterson and Al Furrie for the term expiring 1/31/83 ; and Marjorie Henderson and Jim O 'Neill for the term expiring 1/31/84 , effective upon publication of Ordinance No . 52 (which expanded Commission to consist of 6 members and will be published on January 21 , 1981 ) . JSC/jms MEMO TO : Mayor and City Council FROM : John K . Anderson , City Administrator RE : Bluff Avenue Petition for Water Main and the Halo 2nd Addition Water Main Loop DATE : January 16 , 1981 Background City Council , at its January 6 , 1981 meeting , forwarded the attached resolutions to SPUC for their concurrance with the intent that SPUC act upon them at their January 19 , 1981 meeting thus enabling Council to act on them on January 20 . I will provide Council with the action taken by SPUC Tuesday at the meeting . Please review the City Engineer ' s staff memo presented with the resolutions January 6 , 1981 as agenda item 11c . Recommendation Staff recommends that Council approve Resolutions # 1781 and # 1782 assuming SPUC concurs in that action . JKA/jms // e_, / 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 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 e• PETITION FOR ASSESSABLE PUBL. 1C OVLML• NT; IMPR l CITY OF SHAKOPEE Dace /) ( (.=i_7-1 .. We , the undersigned , owners of che following described real property , abutting on che proposed improvemenc and beneficed thereby, hereby pec.icion che Common Council of che Cicy of Shakopee , for che following public improvements ; A"iEi t 16- on on 3L rr Sc . /(Ave). , between /\iAJ7'1KAc CT Sc . and DA K Sc . /Ave . , and request that che same be made during che year /. /Y7 d PETITIONER /. LOT BLOCK .sah , '<le/ 11.6 t / , 3 ti l S fAAbJ ti • �/ `c , ! • �1, Z . ,/ M//Z 1(;. 41. /7 5 L1/441-- -- I , hereby , verify chat I circulated the above petition and chat the above signatures of the property oiners and petitioners were affixed in my presence . ,fr'Nz 211Q1t-WV&I Circulator Approved chis day of , 19 City Attorney RESOLUTION NO . 1781 A Resolution Declaring The Adequacy Of Petition And Ordering Preparation or Report Improvement Of Bluff Avenue - Dakota Street To The West Line Of Halo lst Addition WHEREAS, the Council has received a. petIton from property owners along Bluff Avenue between Dakota. ;.itreet and the west .Linc 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 RESOLUTION NO . 1782 A Resolution:Rescinding 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 MEMO TO : John Anderson City Administrator FROM: ' H. R. Spurrier City Engineer RE : Engineering Department Fees DATE : January 12, 1981 Introduction : At the request of City Council, the Engineering Department has undertaken a study of engineering fees in the Metropolitan area. The purpose of this study is to determine whether the City should charge for engineering services and if the City charges for those services, how should those services be billed. Background: The Engineering Department prepared a survey , a copy of which is attached together with the cover letter, and this survey was sent to 30 communities in the Metropolitan area; 24 of those communities responded . A tabulation of that survey is included in the Appendix . In addition to the survey , a telephone canvas was made of each of the 30 communities . This canvas collected specif.c detail regarding the billing of services . Data: As a starting point , the survey of engineering services was tabulated, a copy of this is in the Appendix . An average response was then drafted; communities which had no more than 2, responses different than the average community were placed in one group and the remainder placed in a second group . The City of Shakopee was most similar to the average city in activities performed . Cities in the second group were further divided by those cities which had an Engineering Department and those cities which did not have an Engineering Department . Cities without an Engineering Department were not considered in the study as most of their charges were direct pass-through charges of consultant services . John Anderson -2- January 12 , 1981 In the remaining communities in the second group , four were completely developed and urbanized communities and not similar in characteristic to the City of Shakopee nor similar to any of the other communities in the survey . The 2 communities left in the second group after those exceptions were Bloomington and Prior Lake . Although, development in Bloomington could in some ways be compared to the other communities in the survey group, Bloomington was not considered with that group due to the size of the community and the size of Bloomington' s Engineering Department . Prior Lake was included with the average group, noting that there were four exceptions to the services performed . The group analized was a group of 16 communities . The majority of the communities in this group had a population greater than 20 ,000 . The maximum population was 45, 000. The payment method of this group of 16 communities was compiled. The compilation indicated that permit , and plan and plat review were ordinarily handled on a fixed-fee basis . Studies and reports, preparation of Plans and Specifications, surveying and staking, project inspection and preparation of assess- ments and assessment rolls was ordinarily handled by a percentage of the construction cost or by hourly rates . Maintaining record drawings was handled either by an hourly rate or there was no charge at all . Then, administering state aid, providing maps for staff and Council were ordinarily provided without charge. Engineering fee was computed for 10 communities for 4 different projects to compare the relative amount charged for the design fee . The results were contained in Table I (attached) . Tie other payment method, that of an hourly rate, cannot be detailed in this manner since only the actual manhours applied to the project are billed . However, for comparison, the hourly rates that' would be charged in several Metropolitan communities are listed in Table II, Hourly Rates, which is also attached. Alternatives : The study suggested that a combination of computation methods was appropriate for engineering services . It indicated that there are 4 alternative computation methods; a fixed fee, percentage , hourly rate or no charge at all . Those computation methods exist for each of the services listed in the survey . The amount of the charge is dependent on the cities philosophy in funding the Engineering Deparment . An earlier study by the Engineering Department indicates that only 11. 5 percent of the Engineering Department activities are not project related . That means that 88 . 5 percent of the Engineering Department costs could be paid by projects . John Anderson -3- January 12 , 1981 ' Conclusions : It is the conclusion of the Engineering Department that in view of the survey, that it would be appropriate to alter the present computation method of charges for engineering services to the City and to the public; one that the City charge a fixed-fee for permit review, plan review and plat review, that a percentage of construction cost be charged for the preparation of plans and specifications and for preparation of assessments and assessment rolls . Also that an hourly rate be charged for studies and reports , survey and staking and project inspect ion , that no charge be made for maintaining record drawings, administering hnunicipal state aid reporting, maintaining record construction drawings and providing maps for staff and Council. In view of proposed construction activity in 1981 and 1982, it is clear that construction activity utilizes at least 85 percent of the Engineering Department . Therefore, the rates or fees charged for engineering services ought to pay 85 percent of Engineering Department costs . Recommendations : Motion by City Council directing the Engineering Department to 'prepare fees , percentages and hourly rates designed to recover 85 percent of the Engineering Department ' s operating costs and incorporate those in a resolution fixing fees and rates . 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Q S-, -1 0 a c) Cd CD w 4) H a) H CU S-, cd .. g a) 0 Q 0 a) H C 0 H -4-) a) •r1 •H 0 Cd 0 0 Q, •r1 'd •H 't H 0 cd 0 14 X P-+ W GA H i:q 0 W . , i TABLE II Hourly Billing Rates City Engineer Tech III Tech II Clerk Richfield S19 . 77 $ 13 . 33 $11. 69 s 7 . 55 Plymouth 34 . 00 20. 00 15 . 00 12 . 00 Inver Grove Heights 16 . 63 11. 21 9 . 83 6 . 35 Chanhassen 46 . 20 21. 06 17 . 55 -- Apple Valley 34 . 50 20 . 00 15 . 00 12 . 00 Savage - 26 . 03 21. 02 16 . 92 -- Shakopee ' s Consultant 46 . 00 28 . 00 24 . 00 16 . 00 Proposed for City 29. 00 20 . 00 17 . 00 11. 00 MEMO TO : John Anderson City Administrator FROM: H. R. Spurrier City Engineer RE : Engineering Department Monthly Report DATE: January 16, 1981 Introduction : Attached , for your information, is the first Engineering Department Monthly Report . Background : The Engineering Department has compiled a list of current and proposed projects to be undertaken by the City . Along with the list , is a preliminary priority, together with the year requested by Council . For each item there is a labor distribution and estimated project cost . Note that with 80 hours of vacation, 80 hours of holiday and an estimated 40 hours of sick leave, the number of available manhours for each employee is 1,880 hours . Assuming that the 1,880 hours is 100 percent billable or productive without any interruptions (i . e. travel , or other loss of time) , the Engineering Department should, expect to : 1) Increase staff. 2) Increase overtime . 3) Reduce workload Due to the uncertain nature of the 1981 construction season, as a result of potential strikes , it is not yet appropriate to select an alternative. In order to make a more effective decision regarding the recommended alternative for accommodating current and future projects , it is necessary to prioritize those projects that are now on the list . Eighty-seven ( 87) percent of those projects have an "A" priority, 12 percent of the projects have a "B" priority and only 1 percent have a "C" priority . John Anderson -2- January 16 , 1981 Recommendations : C� Engineering Department needs the input of City Council on the priority of the projects on the present list . It is, therefore, the recommendation of Engineering Department that this report be distributed to Council and that Council note what their priority is for each of the items in the 1981 construction season and further indicate whether it is appropriate to pursue any or all of the projects noted for 1982 . Action Requested : Distribute Engineering Department Monthly Report to City Council and City Council return Monthly Report to Engineering Department with the priority noted for each of the items in 1981 and 1982 . HRS/j iw Attachments Y t7 H HY 1 H * * H ` C W N H O \O coOo - 0\ V 1----1---- W N (L/. 1 H 0 c-F /' O • N Oti c+ n �� td > 0 a Id a a , Pr ori Ly. 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CD :-1 W td r,. W :D W y (-) td ' Priori ty Council f' • a) CX co co N N N N FiC uC;;tCd U P. K & 'd P CD H- 'd O Ox cn cn r7 (D Cl CD d c). P. P K Cl) CD K e H P (D ) rt- IFS• (D Co P. d P P) P. U Cl a; < . P, CD CD C) CD H P. Cl)Ci H. ,1 O o z1 N• N P. �i H (OD (D o r rD cn Ud `• ro OK (7 X P (-1- U t7 0 PK P t-' cF K CD Cl (n P Cl P P. P. C•) P, cF P. cf. c+ 0 Cl (D OU CD 'i -.-1 O P '1 K a arl P P. m m CD H P 'd cn U) m 'd PP C) m cF Cl Cl) H. C) c+ 0 CD P Cl '1 Cl P. cF P 0 P. rn co c- H Cl m w U t.I 'Ti t r1 0 0 H 0 U ) H 1-3 O U P, IN t-' K p, c1 c+ H. 7i (n o c+ o cn C) Cl- d O UI t--3 Ub H P d CD Cl 0 :, O K CD P e_4 )' P. C' cC 'd H l'1 Cl) Cl) Cl) CD (n K C) H P c+ (D y UC) '1 0 C--' ct K I_I (D (D 1-3 Cl Cl `- F-1 H CD t1 d c+ C) c- 0\ - O\ W t O co H H H H C\ C-' vi N -4 [') V't 1- vi H 1=' N Ul -H CO VO H H Cl N 0 O\ 0 0 0 0 - -4 H 04 H H-1 H H H -4 -) N U7 H (D N .r=' 1- •C fi' 0 OD W 1-4 (-) \n 0 0 0 0 0 0 '0 N V U) O\ I N N ~ N H H W Co dl CD W CT OD W l,.) (A) Ul o -4 O\ 0' W (D H 0 0 0 O 0 0 - " O\ CO 'U) n H ... H • H H - H H O H t H Ut OD -H V) - ) -) 0 H 0 0 0 0 0 0 'O H03 N Co • VO W H U 0 a\ H N H w -4 \0 - Ul H 1= .H .C-• o c CS .H kJ)o ) p '.O 0 c� 0 0 0 0n 0 -1 \ W H t=H N H cn O\ N N J=' (O O c+ CO U7 0 W0 O ~ Co O O Co O p � 0 0 \n 0 co c+ '.O 0 0 '-O 0 o 0 C) 0 0 ) _ � f ' I ?! -; SUMMARIES - Eng. Tech III Tech II & I Clerk Total 1981 Projects 1785 1632 6821 488 9,763 Departmental Responsibilities 316 260 480 210 1,266 TOTAL 2101 1892 7301 698 11,029 • 1982 Projects 1645 1779 6404 489 9,785 Departmental Responsibilities 316 260 480 210 1,266 TOTAL 1961 2039 6884 699 11,583 s r { ,..........►...�ue:u,N:as,w.,.t.�w u.�.tYk,Srk.l�aat,:... ., - , ., ._... ..+,.,{8�1li8Na.+e�SaA W,,,na.,,;`NtilCt.�;.. .su3� Lowilimarisirrisisais 4r�t} snow it � o,: es s: sntota E s:a ; ilia a t it ,a ' i 1b as.tlttu uta a : iiuiiid lli - °t^^ 11«i m a�iin I . . -7,A MEMO TO : John K. Anderson , City Administrator FROM : Tim Keane , City Planner RE : Public Facilities in Southeast Urbaniying Area DATE : January 16 , 1981 Introduction The proposed VIP sewer will open up a sewer service area of approximately 1000 acres . Prior to the development of parts of sections 7 and 8 , the City must proceed with plans of other public facilities to serve this area . These facilities include transportation (13th Avenue collector) , parks (JEJ community park and Upper Valley trail) , and drainage (Upper Valley drainage way) . Discussion Jim Johnson has indicated to City staff and the Planning Commission that he is anxious to proceed with a 34 acre residential development east of the Junior High School and south of the JEJ Addition . The City must proceed with the planning of the following facilities prior to developing this area : 1 . Transportation - the comprehensive plan identifies a major east-west collector street , approximately parallel south of tenth Avenue equally spaced between the by-pass (P . 68 and Map 21 Comp Plan) . The Thirteenth Avenue collector is an important element in a balanced transportation system. The development of this facility should be studied from C .R . 79 east to C .R . 16 . 2 . Parks - the Comprehensive Plan has identified two major park facilities that will serve the park needs of the south- east urbaniying area . The proposed JEJ Park is a joint recreational complex with the Junior High School . This park will be traversed with an east-west walkway/bikeway trail that aligns itself parallel to the east-west drainage way (P. 117 Comp Plan) . Both of these facilities are in the conceptual stage of development and require substantial planning for acquisition and site design . The JEJ Community Park Advisory Committee consisting of neighborhood residents and representatives of the school community was formed earlier in 1980 and is scheduled to meet Wednesday February 25 . The trail should be planned in conjunction with the drainage corridor . 3 . Drainage - the Comp Plan included a preliminary drainage study of the City that identified principal basins and John K. Anderson January 16 , 1981 Page 2 drainage ways affecting the City . This plan identified a major drainage way through VIP service areas 8-12 . This drainage way cannot be designed until the larger questions of what areas will be assessed for such a facility are decided . Determining the land uses in and around the drainage way cannot be done until the boundaries of the drainage way are established. Alternatives 1 . Do nothing . This makes little sense since the City is presently making a substantial investment in this area at the present time . 2 . Conduct feasibility studies for each of the corridor improve- ments separately , i . e . roads , drainage , utilities , trailway . 3 . Conduct a major corridor study from C .R . 16 to 79 to take an integrated approach to the development of the public improvements . Recommendation Direct staff to prepare a scoping report evaluating the alterna- tive approaches to studying public facilities improvements in the VIP service area between C .R. 79 and 16 . TK/jms U.S. H i tiw ..._.-- ,...4-;-,.i4.1.24.„.",13.;_______:_ , _____----____:...,, - .._-,•-_____..L...,...,....,._,,a-40.,.. atotec :„,,,,t,.*: e----,:i .,!, 1 '0 . .. _ Is El x 1111iiii '',,' '.....414414444: •4-114-4444R-A+144-14-144-M441-4 i'''.74-''''-raptil4 .4. ,::.,.. ?'' in arzmw la li — 121 k — S' • — / Central Business 0 _ kg -,ffil, \ District ••••• ...... ...... ..._ - t4 = U ( ,,, -,..,, " .::wn:„:„•,:. = a ,- ,... CI .. 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' " • r �� • / L` -. 1 i • ./ '4 I I T /" ittN tttiKtt• z a1 �~ j" 'vn ?drl✓1l rrtt ;t'r.• 0"_ ,y,_1 • ``�gii,„,4A•.,, CI T .�.� F SHAKOPEE •s� \ It, '.(4. \" " { 7 129 East First Avenue, Shakopee, Minnesota 55379 i AI Jl we' MEMO John K. Anderson, City Administrator TO: FROM: Tim Keane, City Planner SUBJECT: Plan Amendment Guidelines DA IE: January 16 , 1981 INTRODUCTION: The Metropolitan Council has been working over the past eight months on developing local plan amendment guidelines . DISCUSSION : During the past eight months , the Council has been working on guidelines it would use to review amendments to comprehensive plans that cities , towns and counties have prepared in response to the Metropolitan Land Planning Act . The law presently provides that "any amendment to a plan or program subsequent to the Council ' s review (of the original plan or program) shall be submitted to and acted upon by the Council in the same manner as the original plan or program. " If plan amendments were to follow the same procedure as the original plan, it would mean that each plan amendment would have to be submitted to adjacent and affected jurisdictions at least six months prior to submission to the Council , and then sub- mitted to the Council . The Council would have 120 days to review the amendment and issue a written statement of its findings prior to local adoption of the amendment. The Council ' s review findings would include the following: 1 . Comments on the apparent consistency of plan amendments with adopted chapters of the Metropolitan Development Guide. 2. Comments on the compatibility of plan amendments with the plans of adjacent and affected jurisdictions . 3. Determination of conformity with metropolitan systems plans (airports, transportation, sewers, parks and open space) . • The Council may require a local governmental unit to modify a plan amendment which may have a substantial impact on or contain a sub- stantial departure from the above metropolitan systems plans. John K. Anderson Page 2 January 16 , 1981 Since the original guidelines were proposed , Met Council staff has held several meetings with area developers in addition to two public hearings. The creation of the ad hoc committee to review the guidelines was a significant step toward improving relations of the Council and local governments . IL allowed for an important exchange of ideas and positions taken by all parties concerned. An amendment procedure , to be acceptatle to municipalities and to the Met Council , must address several concerns, including: 1 . Protection for metropolitan systems. 2. Timeliness in amendment processing. 3. Preservation of autonomy for local decision making. 4. Current local plan status for use by the Metropolitan Council in A-95 reviews. 5 . Confidence for developers that a plan change is not likely to be challenged in court . RECOMMENDATION: Staff recommends that the following concerns be communicated to the Physical Development Committee of the Met Council at its Jan . 22nd public hearing: --that the guidelines require submission of only those plan amendments likely to have system impact . This would include changes to local transportation, sewer and park plans. --Section III . 1 of the guidelines require submission of certain comprehensiLe plan amendments following approval by our Planning Commission. The concern here is that substantial effort may be expended by a developer' and the City prior to Metro Council consideration. This problem should be addressed in future drafts of the guidelines to perhaps permit review by the Met Council coterminous with the City . TJK:plk METROPOLITAN COUNCIL GUIDELINES FOR REVIEWING LOCAL COMPREHENSIVE PLAN AMENDMENTS I . PURPOSE, OBJECTIVES AND SCOPE The Metropolitan Land Planning Act requires that amendments to comprehensive plans of local governmental units be prepared , sub- mitted to the Metropolitan Council for review and adopted in the same manner as the original plans. Minn. Stat. 473 .864 , subd. 2 (1978) . The purpose of these guidelines is to establish a procedure for Council review of proposed amendments. Council authority to prepare and adopt these guidelines appears at Minn. Stat. 473 . 854 (1978) . The guidelines contain criteria that the Council will use in determining which proposed amendments are subject to a 90-day review for impact on the four metropolitan systems. Within 10 days of receiving a proposed amendment, the Council will make an initial determination and notify the sponsoring local government as _to the level of review the Council finds necessary. Proposed amendments without a potential for metropolitan systems impact and without effects on other adopted Metropolitan Development Guide chapters will be completely reviewed within this 10-day period. Proposed amendments affecting a regional plan but without potential system impact will be subject to a 60-day review and comment period for consistency with other chapters of the Metropolitan Development Guide. The sponsoring local government may adopt and put these amendments into effect before the Council completes its review. Under the guidelines, the most extensive Council review will be limited to proposed amendments to local comprehensive plans that potentially affect one or more of the metropolitan systems , sewers, parks, airports and transportation. It is only these amendments that the Council may require a local govern- mental unit to modify, if the proposed amendment has a substan- tial impact on or contains a substantial departure from metropol- itan systems plans. Minn. Stat. 473 .175 , subd. 1 (1978) . Council review of such amendments will take place within 90 days of receipt of the proposed amendment, and local units may not adopt or place such amendments into effect until the Council has completed its review. II . DEFINITIONS Airport Influence Area - means a circle whose center is the airport reference point and whose radius is one mile in the case of a minor airport, two miles in the case of an intermediate airport, and four miles in the case of a major airport, as those airports are identified in the Metropolitan Council' s Airports System Plan/Development Guide. 1 • Capital Improvement Program - has the same meaning as set forth at Minn. Stat. 473 . 852 , subd. 4 (1978) . Chairman - the Chairman of the Metropolitan Council. Comprehensive Plan - a comprehensive plan of a local governmental unit prepared, submitted and adopted pursuant to Minn. Stat. 473 . 851-473 . 852 and 473 .175 (1978) . Council - the Metropolitan Council. Local Governmental Unit - all cities, counties and towns lying in whole or in part within the Metropolitan Area, but does not include school districts. Housekeeping Amendment - proposed amendments to comprehensive plans that consist of editorial changes to correct typographical errors or to clarify the meaning of and relationship between plan components or proposed amendments to elements of the comprehensive plan not required by the Land Planning Act. Metropolitan Systems Plans - has the same meaning as set forth at Minn. Stat. 473 . 852, subd. 8 (1978) . Private Sewer Facilities - has the same meaning as set forth at Minn. Stat. 473 .852, subd. 10 (1978) . III . PROCEDURES 1 . Submission. All proposed amendments to local comprehensive plans , except housekeeping amendments and ' amendments to capital improvement programs, must be submitted simultaneously to the Metropolitan Council and to affected governmental units and school districts following approval by the planning commission but: a) prior to final approval by the governing body of the local governmental unit; or b) subsequent to conditional approval by the governing body of the governmental unit, contingent on an initial Council determination of no system impact pursuant to No. 3 below or on completion of Council review pursuant to No. 4 below. 2 . . Method of Submission. All proposed amendments to comprehensive plans must be accompanied by an "Information Submission, " attached hereto as Exhibit A and either mailed to the Council via "certified mail" or hand-delivered to the Chairman' s Office. 2 7fi 3 . Council Review: Intial Determination. Within 10 working days of receipt by the Council of a proposed comprehensive plan amendment and a complete information submission, the Chairman shall make an initial determination and notify the governmental unit whether the proposed amendment has a potential impact on any of the metropolitan systems plans. Failure of the Chairman to mail notification via "certified mail" of his initial determination within 10 working days of receipt of the proposed amendment shall be deemed to constitute a finding of no potential impact upon any of the metropolitan systems plans. 4 . Council Review for System Impact. If the Chairman initially determines that a proposed local plan amendment has potential impact on any of the metropolitan system plans, the Chairman shall mail a notice to the local governmental unit within 10 working days of receipt of the proposed amendment that the amendment has potential impact and may not be put into effect until Council review is completed. The Council shall have 90 days from receipt of the proposed amendment in which to complete its review, pursuant to Minn. Stat. 473 .175 , Subd. 1 . Failure of the Council to act within 90 days of receipt of the proposed comprehensive plan amendment shall be deemed to constitute - a finding of no substantial impact on or no substantial departure from metropolitan systems plans . 5 . Council Review and Comment. If the Chairman initially determines that a proposed comprehensive plan amendment has no potential impact upon any of the metropolitan systems plans, the Chairman' s notice to the local governmental unit shall state whether the Council intends to review and comment on the proposed amendment and shall also state that , the amendment may be placed into effect at any time . The Council shall have 60 days from receipt of the proposed amendment to review and comment upon the apparent consistency of the proposed amendment with other adopted chapters of the Metropolitan Development Guide pursuant to Minn. Stat. 473 .175 , Subd. 1 . The review comments shall be transmitted to the local governmental unit regardless of whether that unit has finally approved the proposed amendment. The Council may waive its review and comment authority in the initial determination at No. 3 above. 6 . Criteria for Determining Potential Systems Impact. The Council shall utilize the following criteria in making its initial determination pursuant to No. 3 above. • a. Whether the proposed amendment may result in a change in the timing , staging , capacity, or service area of the approved local facilities in the sewer policy plan or comprehensive sewer plan (CSP) for which the Metro- politan Waste Control Commission may require a CSP amendment; 3 R b. Whether the proposed amendment may result in an effluent flow from the service area in which the pro- posed change (s) is (are) located that exceeds the 1990 or five-year staging forecasts originally projected in the local sewer policy plan; c. Whether the proposed amendment may result in a change to the local sewer policy plan concerning local or private central sewer facilities for which a National Pollution Discharge Elimination Systems or State Disposal System permit or permit modification may be required; d. Whether the proposed amendment may result in less restrictive standards and conditions to be adopted for the installation or operation of private sewer facil- ities than those described in the original plan; e. Whether the proposed amendment may have an impact on usage of existing regional parks and open space facilities; f. Whether the proposed amendment may have an impact on natural resources relating to a regional park or trail facility. Impact on natural resources includes the impact on the level, flow, or quality of water resources (lakes, streams, wetlands) and impact on wildlife populations or habitat (migration routes , breeding sites, plant communities) ; g. Whether the proposed amendment may have an impact on the future acquisition of land in an area proposed to be a facility or part of a facility of the regional recreation open space system. h. Whether the proposed amendment may affect the function of a metropolitan airport because of its location within an airport influence area or an airport search area; i . Whether the proposed amendment may result in any change in the timing, staging , volume , capacity, design, location or functional classification of local transportation facilities that have interchanges with the metropolitan highway system from those shown in the approved comprehensive plan; . j . Whether the proposed amendment may necessitate a change in the timing, design or location of existing or proposed interchanges with the metropolitan highway system from those shown in the approved comprehensive plan; k. Whether the proposed amendment may result in a change in transit service or facilities from those in the approved comprehensive plan; 4 7 1. ',4hether the proposed amendment will result in an increase in densities permitted by the approved • comprehensive plan for the rural service area. 7 . ' The Council will receive written comments on any proposed comprehensive plan amendment during the period from the date of receipt of the proposed amendment until completion of Council review, pursuant to Nos . 3 , 4 or 5 above, whichever occurs first. 8 . These guidelines do not apply to proposed amendments to capital improvement programs. 5 EXHIBIT A METROPOLITAN COUNCIL 300 Metro Square Building , Saint Paul, Minnesota 55101 INFORMATION SUBMISSION COMPREHENSIVE PLAN AMENDMENTS This worksheet must be filled out and submitted to the Metropolitan Council with a copy of each proposed comprehensive plan amendment. The purpose of this worksheet is to summarize the proposed change so that the Metropolitan Council will have enough information about contemplated plan amendments to determine whether it has an interest in reviewing the amendment in more detail. Please be as specific as possible; attach additional explanatory materials if necessary. I . GENERAL INFORMATION A. Sponsoring governmental unit Name of local contact person Address Telephone B. Attach a copy of the proposed amendment, including a map showing the location of the proposed change, the current plan map, and the proposed plan map; indicate which section (s) of the original plan are now being amended. C. What is the official local status of the proposed amendment? ' Adopted by planning commission on Approved by governing body subject to Metropolitan Council review on D. Summarize the reasons for the proposed amendment. E. Provide a list of all local units and all jurisdictions affected by the change (school districts , watershed dis- tricts, etc. ) that have been sent copies of this worksheet and plan amendment and the dates copies were sent to them. • 6 • 4 II. LAND USE A. Describe the following, as appropriate: o Size of area in acres o Proposed type (s) of land use o Number of residential dwelling units o Proposed density o Proposed square footage of commercial, industrial, or public buildings B. Population, Household and Employment Forecasts Would you expect the proposed amendment to result in changes to the population, household or employment forecasts for 1990 , or for the five-year stages contained in the original plan, for those land parcels affected by the change? No/Not applicable . Yes/Not sure. If yes, show below the expected changes: Forecast Based on Forecast Based on Previous Plan Plan Amendment Year Pop. Hsg. Empl. Pop. Hsg. Empl. 1990 Interim Stages 19 19 C. Changes to Timing and Staging of Urban Service Area Will the proposed amendment result in changes to the boundaries of the urban service area or to the timing and staging of development or of the urban service area? No/Not applicable. Yes. Be sure Section I contains a map of these changes, measurements of the land area involved, and designation of new timing and staging. 7 D. Housing Will this change have an effect on the community' s ability or intent to achieve the long-term goals for low- and moderate-cost and modest-cost housing opportunities contained in the original plan? No/Not applicable. Yes. Describe effect III . IMPLEMENTATION PROGRAM A. Official Controls Will the proposed amendment require a change to zoning, subdivision, or on-site sewer ordinances? No. Yes. Please describe. B. Capital Improvement Program Will the proposed amendment require a change to the CIP? No. Yes. Please describe. IV. SUMMARY OF FINDINGS AND CONCLUSIONS (Optional) You may add comments stating your conclusions about the effects of the proposed amendment on metropolitan plans . This would be particularly appropriate in those instances where a metropolitan system plan is affected, but you feel that the change is minor or inconsequential. You may also use this statement to provide the Council with factors or considera- tions not covered elsewhere in the worksheet or that directly address the criteria the Council will use to make its initial determination. EP5641 8 iEMO TO : John Anderson City Administrator FROM: H. R. Spurrier City Engineer RE : 1980 Pavement Preservation and Rehabilitation DATE : December 31, 1980 Attached please find a Certificate of Completion for the 1980 Pavement Preservation and Rehabilitation. The contractor, Blacktop Service Company, has agreed to the final quantities herein. The total contract in place of $51, 088. 22 reflects the increased scope of work authorized by Council at the time the contract was awarded . Recommendation: Adopt Resolution No . 1776 , A Resolution Accepting Work And Ordering Final Payment . HRS/j iw Attachment " . CITY OF A IP E E NCORPDRATED 1870 ..,::r... "�� : :�"" 3E :+o G:'. UrW S 72:TC 8"` _ Y_ b� a 104 129 E. First Ave., Shakopee, Minnesota 55379 (612) 445-3650 21° Y1 CERTIFICATE OF COMPLETION r,' t CONTRACT NO. DATE December 29 , 1980 DESCRIPTION: 1980 Pavement i'rc:ervation and Rehabilitation CONTRACTOR Blacktop Service Company ADDRESS 1200 W . Highway 13, Burn:;v_i_11e , MR 55337 The work on the Contract specified above has been completed and accepted by the City . ORIGINAL CONTRACT AMOUNT 30 , 000 . 00+ AMOUNT OF CHANGE ORDER NO. THRU NO. $ -0- TOTAL CONTRACT COMPLETE IN PLACE $ 51, 088 . 22 LESS PREVIOUS PAYMENTS $ 48 5 'i . 81 FINAL PAYMENT $ 2_, 554 . 41 APPROVED: 411-k � itR, Date The // co r of J f 0 g r c ti : �� t7 I I C !, An Equal Opportunity Employer RESOLUTION NO . 1776 A Resolution Accepting Work On 1980 Pavement Preservation & Rehabilitation Public Improvement Program WHEREAS, puruant to a written cont.rhet ., igned with the City on July 22, 1980, Blacktop Service Company , Burnsville , Minnesota, has satisfactorily completed the 1980 Pavement Preservation and Rehabilitation for selected City streets , in accordance with such contract . NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY 0 ' SHAKOPEE, MINNESOTA, that the work completed under said contract is hereby accepted and approved ; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract , in the amount of $2, 55)1 . 111, taking the contractor' s receipt in full , upon receipt of lien waivers from all subcontractors . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1981. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1981 . City Attorney ti Q` 0 Q/ PROJECT Cq 80 -4AT K1-0 - -sF _\ji\1\6!-t k 111t (Lt 1 I6 (DATE /1-2z/8/ _ /o-r# 77, 9co z7,468 . b$ • -‘ `7, , qo C 'Zk son/ - MPR NR1L.) 5f t1,0141 /3, /9.0 55 (A , on rl / 77 , 9 (, (/0pt- - (0.4 - 7714) zi 0o 83. , "2.0 ITS l0 7 f1) i -0Atr i2 , 1S0 (019 ?tot51 -117gt 27,0 1,40 l.1z oo 117 G0 454 . 1E Hit/S k- 7, 7,9 (7 ‘`Z.:). g CST, OS 7 :40 S"/, ZZ, - crt-ota- cos t Y\t'k 3.B `10 CosT c as:E $11) 1A c e--)(«b�� �s� ►�tkZE A Q2�c� may a , 8 ND ivA Silk ll_ 01-k I? ESt►1-A10-Et rty '%y I ,o`'}o_ L, MEMO TO : John Anderson City Administrator FROM: H. R. Spurrier City Engineer RE : VIP Interceptor Sanitary Sewer DATE : January 16 , 1981 Attached is a copy of a letter from Julius A. Coller, II, City Attorney , regarding the above-referenced project . Please note that according to Mr. Colley, the City will be unable to acquire the necessary right-of-way before February 25 , 1981. Additionally , the City will not know the range of acquisition costs until after February 4th. It would not be possible to include the final acquisition cost amount in the estimated assessment for the project , therefore , an addendum was issued by the City Engineer, postponing the bid opening to February 6, 1981 and postponing the date upon which Council will consider the bids to March 3, 1981. The revised schedule permits sufficient time to include acquisition costs in the assessment and postpones the award until after the City is able to take possession of the easement . Should there be additional delay in the condemnation proceeding, the bid opening will have to be postponed once again. RECOMMENDATION Council to adopt Resolution No . 1784 , A Resolution Changing The Bid Opening For The VIP Sanitary Sewer Interceptor 81-1. HRS/j iw Attachments gil ?-7 Jii:r.rUs :\. ( :(d.i.r:x, i ► 1T"1't.>11\I:l' :\'t' LAW6,12-445-1244 JULIUS A.COLLER 1859-1940 X11.\,fOI'/:1:, �H 1\\I:`<(YI.\ :,'i:SZt) January 8, 1981 ti,, - ' ;et;' • Mr. Henry Spurrier, City Engineer Shakopee City Hall Shakopee, Minnesota 55379 Dear Bo: 1 In re: Eminent Domain Proceedings City v Certain Teed et al At the adjourned meeting of the Commissioners held January 8, 1981 Mr. Hauer appeared, stated his attorney was unable to be present and that they would get an appraiser to give them an appraisal and requested a continuance. The Commission set the continued hearing for 9 :45 AM on February 4 , 1981 in the Court House. In the event the appraisal is submitted at that time and testimony taken, it would be possible that the Commission might file its award figures within two weeks thereafter. Thereafter, the Petitioner has the right to title and possession upon the payment of the award, if an appeal is waived. If the appeal is not waived ,and the Petitioner deposits in court an amount equal to 3/4ths of the award the Petitioner would be entitled to possession. If you need any further information, please contact me, but it would appear that the earliest possible date for possession would be on or after February 25, but this is just an estimate. Very truly yours, Jtiius A. Coller, II ti- Shakopee City Attorney i JAC/ppm / RESOLUTION NO. 1784 A Resolution Changing; The Md Opening For The VIP Sanitary Sewer Interceptor 81-1 WHEREAS , City Council of the City of Shakopee , Minnesota , has adopted Resolution No . 1765 on December 16 , 1980; and WHEREAS, right-of-way for the construction for the VIP Interceptor Sewer has not been acquired ; and WHEREAS, right-of-way will be acquired on or before March 3, 1981 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA : that Resolution No . 1765 is hereby amended by changing the bid opening date to February 6 , 1981 and that Resolution No. 1765 be further amended by changing the date on which Council will consider the bids to March 3 , 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 , 11 City Attorney .... • MEMO TO : John Anderson City Administrator FROM: H. R. Spurrier / 4 q City Engineer - or- RE: i-RE: VIP Interceptor DATE : January 20, 1981 Introduction : In a meeting January 6 , 1981 , City Council requested that staff report on the status of the VIP easements . A report on the condemnation was previously attached to Council packet . This memo is to report on a matter which has come to light since that report was prepared . Background : Council passed Resolution No. 1634 , June 10 , 1980, ordering the condemnation of easements for the VIP Interceptor . Included in that action were all of the easements the City presumed necessary for construction of that interceptor sewer. All other right-of-way required was covered by existing right- of-way , easements or licenses ; so thought City staff. However , the City does not have all of the licenses . There were originally two required; one from the Chicago , Northwestern Transportation Company and one from the Chicago, Milwaukee , St . Paul and Pacific Railroad Company . We have the Chicago, Northwestern Transportation Company license as Mr. Coller will report on , but we do not have the Milwaukee license . Since June 10, 1980 , the Milwaukee Road has abandoned its right-of-way and sold it to Farmington-Shakopee Association, Inc . The Farmington-Shakopee Association, Inc . in turn sold that right- of-way to Mr. Eugene Hauer, Mr. James Hauer, etal . When the Engineering Department learned that Mr. Hauer owned the right-of-way , a check was made for the Milwaukee license . That license had not been executed by the Railroad Company . John Anderson January 20 , 1981 The next step taken was to determine whether the license application should have been approved prior to transfer of the property to the Farmington-Shakopee Association , Inc . The railroad company was not obliged to approve that license and did not approve that license before transfer of the right-of-way . Next , after determining that it would be necessary to acquire the easement from Mr. 1-Hauer, the City Engineer contacted Mr. Hauer and advised Mr. Hauer that the City could pay Mr . Hauer no more than the unit value of the adjacent parcel which is described in VIP Easement No . i4 Mr. Hauer indicated that in addition to that value , he expected the City to make other concessions . Mr. Hauer was advised that the City could not strike any special deals for this right-of- way . . Mr. Hauer was advised that pursuant to my conversation with the City Attorney , we would be able to condemn the right-of-way and have that prior to completion of the project and that if he desired to place any conditions on the easement , the City would have no alternative but to proceed with condemnation . Alternative : There are three alternatives : 1) The entire project may be delayed until comdemnation proceedings are complete . 2) City Council may approve concessions required by Mr . Hauer and proceed with the present bid opening. 3 ) Authorize condemnation and note in the contract for the VIP that there will be a six month delay before the contractor will have access to that part of the job and continue with the February 6th bid opening. - A delay of the entire project will have the affect of increasing the bid cost and would be the least effective of the alternatives . Making the concessions to Mr. Hauer, would run against the very reason condemnation proceedings were initiated in the first place . Finally , if condemnation is authorized by Council , there would be no delay in the progress of this work except that the last 100 feet of the project would not be constructed until after the middle of July . It is doubtful that the entire project would be ready before the middle of July , therefore , this would not result in any extra- ordinary delay in the project . John Anderson -3- January 20 , 1981 Recommendations: It is recommended that Council pass Resolution No. 1788 which would authorize condemnation of VIP Easement No. 13. 5 and VIP 13 . 5T and proceed with the project according to the present . schedule. Recommended Action : Adopt Resolution No . 1788 , A Resolution Ordering The Condemnation Of VIP 13 . 5 And 13 . 5T. HRS/j iw Attachment 1 i RESOLUTION NO. 1788 A Resolution Authorizing Condemnation Proceedings For The VA' i nter•cepLor Sanitary Sewer WHEREAS, it is necessary to provide sanitary sewer service in the area adjacent to the property described in Exhibit A and numbered VIP 13 . 5 and 13 . 57, hereto attached and it is also necessary for the construction of said sanitary sewer to provide sanitary sewer services to the existing and future expanding installations in said areas ; and WHEREAS , the City Council of the City of Shakopee has determined that it would be to the best interests of the general public as well as the area involved to construct said sanitary sewer and for that purpose to secure the necessary easements therefor; and WHEREAS, the City has been unable through negotiations to acquire the necessary permanent and temporary easements to construct the said sanitary sewer. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that : 1. The obtaining of the permanent and temporary easements as aforesaid is for a public purpose and within the powers of the City of Shakopee and that condemnation proceedings is both appropriate, expedient and necessary . 2 . That the proper City officials forthwith institute eminent domain proceedings by the City of Shakopee for the purpose of acquiring permanent and temporary easements as set forth in Exhibit A and numbered 13 . 5 and 13 . 5T over the properties as set forth in Exhibit A , which is hereto attached and made a part hereof . 3. The said condemnation proceedings are authorized by Minnesota Statutes Annotated Chapter # 117 and the said proceedings should be instituted and concluded at the earliest possible time and the proper City officials are hereby authorized , instructed and directed to do all things necessary and proper to carry out the terms and intentions of this resolution. Resolution No. Pa 1788 e -2- 7 g Adopted in session of the Shakopee City Council of the City of Shakopee , Minnesota, held this day of , 7981 . Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 19R17- , 981-- --------------- - - ----- City Attorney Jan. 19, 1981 VIP - 13.5 & VIP 13.57 PROPOSED EASEMENT DESCRIPTION A PERPETUAL EASEMENT FOR DRAINAGE AND UTILITY PURPOSES OVER, UNDER AND ACROSS THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP H5, RANGE 22, SCOTT COUNTY, MINNESOTA, LYING NORTH- EAST OF THE SOUTHWEST LINE OF THE FORMER RAILROAD RIGHT OF WAY OF THE CHICAGO, MILWAUKEE, ST . PAUL AND PACIFIC RAILROAD AND EXCEPTING THEREFROM THAT PART LYING NORTHEAST OF THE NORTHEAST LINE OF SAID FORMER RAILROAD RIGHT OF WAY. THE SIDELINES OF SAID EASEMENT BEING 15.00 FEET NORTHWEST OF AND 10.00 FEET SOUTHEAST OF, AS MEASURED PER- PENDICULAR TO, AND PARALLEL WITH LINE A DESCRIBED AS FOLLOWS: LINE A: B'GG I NN I NG AT A POINT ON THE WEST LINE OF SAID EAST HALF 15.00 FEET NORTH OF THE SOUTHEAST CORNER OF JEJ 2ND ADDITION ACCORDING TO THE PLAT ON FILE AT THE OFFICE OF THE COUNTY RECORDER, SCOTT COUNTY, MINNESOTA; THENCE EAST PAR- ALLEL WITH THE SOUTH LINE OF SAID JEJ 2ND ADDITION 130.62 FEET TO ITS INTERSECTION WITH A LINE PERPENDICULAR TO THE CENTERLINE OF SAID FORMER RAILROAD RIGHT OF WAY FROM A POINT 185.00 FEET SOUTHEAST OF THE INTERSECTION OF THE NORTHEAST LINE OF SAID FORMER RAILROAD RIGHT OF WAY WITH THE SOUTHWEST LINE OF BLOCK 2, HAUER'S 1ST ADDITION ACCORD- ING TO THE PLAT ON FILE AT THE OFFICE OF THE COUNTY RECORDER, SCOTT COUNTY, MINNESOTA, AS MEASURED ALONG SAID NORTHEAST LINE ; THENCE ALONG SAID PERPENDICULAR LINE, 207.22 FEET TO THE NORTHEAST LINE OF SAID FORMER RAILROAD RIGHT OF WAY AND THERE TERMINATING. TOGETHER WITH A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER, UNDER AND ACROSS THAT PART OF SAID EAST HALF LYING NORTHEAST OF THE SOUTHWEST LINE OF SAID FORMER RAILROAD RIGHT OF WAY AND EXCEPTING THEREFROM THAT PART LYING NORTHEAST OF THE NORTHEAST LINE OF SAID FORMER RAILROAD RIGHT OF WAY. THE NORTHWEST SIDELINE OF AND THE SOUTHEAST SIDELINE OF SAID TEMPORARY EASEMENT BEING, RESPECTIVELY, A LINE 30.00 FEET NORTHWEST OF AND A LINE 30.00 FEET SOUTHEAST OF, AS MEASURED PERPENDICULAR TO, AND PARALLEL WITH SAID LINE A. EXCEPTING THEREFROM THAT PART TAKEN FOR SAID PERPETUAL EASEMENT AS DESCRIBED ABOVE. SAID TEMPORARY EASEMENT SHALL EXPIRE ON THE SIDELINES OF SAID EASEMENTS SHALL BE SHORTENED OR LENGTHENED TO INTERSECT THE SOUTHWEST AND THE NORTHEAST LINES OF SAID FORMER RAIL- ROAD RIGHT OF WAY. 1....+m...+.u.'J•titla.Ya i n.:z,,ti...." .. '.:.. ..:....>:..L..-_ .0 i.,.. 'i. ..., ...i c .... i ...:i:k. • • MEMO TO : John K . Anderson , City Administrator FROM : Judith S . Cox, City Clerk RE : Application by the Shakopee Professional Group for $1 ,000,000 Industrial Revenue Bonds DATE : January 16 , 1981 Introduction I have received an application from the Shakopee Professional Group for $1 ,000 ,000 I .R . Bonds . Background The first step in processing an application would be adopting the resolution setting a date for the public hearing . Recommended Action Offer Resolution No . 1786 , A Resolution Relating To A Project Under The Municipal Industrial Development Act ; Calling For A Public Hearing Thereon , and move its adoption . JSC/jms DOUGHERTY, DAWKINS, STRAND & EKSTROM C'/INCORPORATED January 15, 1981 Honorable Walt Harbeck & City Council. Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 Re: Tax-Exempt Mortgage Financing Shakopee Professional Group Professional Office Building Mayor Harbeck and Members of the City Council: At the request of The Shakopee Professional Group, a partnership, we have conducted an informal study as to the economic feasibility of the proposal that the City of Shakopee issue a revenue note under the provisions of the Minnesota Municipal Industrial Development Act to provide funds to finance the acquisition of land and the construction of a Professional Office Building to be owned by The Shakopee Professional Group (the "Owners") . Based upon preliminary discussions with the Owners, we have concluded that the project is feasible and that the revenue obligations of the City can be successfully issued and sold. We intend to act as Agent for the City and the Owners in arranging for the private placement of the obligations with institutional lenders, subject to approval of the project by the City of Shakopee and the Minnesota Department of Commerce, Securities Division and subject to final agreement by and among the City, the Owners and the lender as to the terms and conditions of the issuance and sale. All documentation for the financing will be prepared by Dorsey, Windhorst, Hannaford, Whitney & Halladay, subject to approval by the City and the Owners, in accordance with Minnesota laws. We understand a copy of this letter will be forwarded by the City to the Commissioner of Securities of the State of Minnesota to serve as the letter of intent required by the commissioner. Very truly yours, DOUGHERTY, DAWKINS, STRAND & EKSTROM, Incorporated �/ INVESTMENT BANKERS 414 IDS CENTER E] MINNEAPOLIS. MINNESOTA 55402 D 612/341-6000 st) CITY OF SHAKOPEE APPLICATION FOR COMMERCIAL DEVELOPMENT I SSUES Dace 1-14-81 • Applicant Name : Shakopee Professional Group CA partnership) _ Address : 1221 East Fourth Ave. , Shakopee, Minn. 55379 Phone : /1)15-5020 Location of Proposed Project (address and legal description) : Lots 4 & 5 Furrie Addition Please answer fully all of the following questions . You may attach requested documentations : 1. . What is the specific proposed use of the facility? Professional Office Building What is the project ' s estimated minimum and maximum size and/or capacity? Approximately 20,000 sq. ft. 3 . How many new people will be employed in Shakopee as a direct result of this proposed project ? Approximately 8 4 . What is the proposed date for start of construction? Completion of construction? April 1, 1981 - October 1, 1981 5 . What is the estimated range of costs for the facility : $1,500,000.00 a . Building construction . b . Furnishings . c . Property development . d . Land acquisition . e . Professional fees . A13p1icaIion For Commercial Development Issues Page 2 1 ) Architectural engineering V 2 ) Legal • 3) Fiscal f . Ocher. (detail ) . 6 . What is the applicant ' s legal interest in the land? Purchase Agreement • 7 . A list of all members of any corporation , partnership or ocher organizations which will have a legal and fiscal interest in the ownership and management of project and chat identification of chat interest , and listing of credit and professional references for all interested parties ( if applicable) . Donald Schesso, Bernard Baumann, A.L. Furrie, Phillip R. Krass, John Manahan 8 . Resume of any person , partnership , or corporation which will own or manage any portion of the facility . • N/A 9 . If any of the project is to be leased to other parties , an identification of those parties and a showing of commitment for chat interest . • 1U . If interim financing is required , a showing of a binding commitment for that financing from a reputable lender . 11 . Statement as to the fiscal financing method co be used such as bonds , mortgage revenue notes , or unsecured debt . 12 . Statement as co whether the financing instruments will be sold to individuals , insurance companies , savings institutions or other . 13 . If considered appropriate by the City , a financing feasibility report may be required which will detail those physical service and financial factors which will indicate possible success or failure of the proposed facility . 14 . Method of payment of all public cost to be incurred in develop- ment of the property . N/A, Application for Commercial Development issu.. > Page i • 15 . Name of the underwriter or investment banker who will be selected co place the final financing . A list of ac least five 'other issues which have been completed by the underwriter or banker shall be provided . Dougherty Dawkins Strand & Ekstrom, Inc. 16 . Name of the proposed trustee to be designated . To be determined (S: gned) (Dace) • • 1 • • • gC� RESOLUTION NO . 1786 RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota (hereinafter, the Municipality) , as follows: Section 1 . Recitals. 1 .01 . Shakopee Professional Group a Minnesota general partnership (hereinafter, the Borrower) , has advised this Council of its desire to acquire land in the Municipality and to construct and equip thereon a facility to be leased by the Borrower for use as a professional office building. 1 .02 . The Municipality is authorized by Minnesota Statutes, Chapter 474 ( the Act) , to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue-producing enterprise. The Borrower has requested that the Municipality issue its revenue bonds in an amount not exceeding $1 ,000 ,000 to finance a portion or all of the cost of the Project. Section 2 . Public Hearing. 2 .01 . Section 474 .01 , Subdivision 7b of the Act requires that prior to submission of an application to the Minnesota Commissioner of Securities requesting approval of the Project as required by Section 474 .01, Subdivision 7 of the Act, this Council shall conduct a public hearing on the proposal to undertake and finance the Project. Pursuant to that provision, a public hearing on the proposal to undertake and finance the Project is called and shall be held on , 1981 , at o' clock P .M. , in the Council Chambers in the City Hall, City of Shakopee, Minnesota. 2 .02 . The City Clerk shall cause notice of the public hearing to be published in the official newspaper of the Municipality and in the Minneapolis Tribune or Star, a newspaper of general circulation in the Municipality, at least once not less than fifteen (15 ) nor more than thirty (30) days prior to the date fixed for the hearing, such notice to be in substantially the following form: C� NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE NOTE OR BONDS UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, MINNESOTA STATUTES, CHAPTER 474 , AS AMENDED CITY OF SHAKOPEE, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Shakopee, Minnesota, will meet on , 1981 , at o ' clock P .M. , at the City Hall, 129 East First Avenue, in Shakopee, Minnesota, for the purpose of conducting a public hearing on a proposal that the City issue its revenue note or bonds, in one or more series ( the Obligations) , under the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 , as amended, in order to finance the cost of a project. The proposed project will consist of the acquisition of land in the City and the construction and equipment thereon of a facility to be used as a professional office building by Shakopee Professional Group. The estimated total amount of the proposed bond issue is $1 , 000 , 000 . The Obligations shall be limited obligations of the City, and the Obligations and interest thereon shall be payable solely from the revenue pledged to the payment thereof, except that such Obligations may be secured by a mortgage and other encumbrance on the project. No holder of any such Obligations shall ever have the right to compel any exercise of the taxing power of the City to pay the Obligations or the interest thereon, nor to enforce payment against any property of the City except the project. A draft copy of the proposed application to the Minnesota Commissioner of Securities for approval of the Project, together with all attachments and exhibits thereto, is available for public inspection at the office of the City Clerk between the hours of 9 :00 A.M. and 4 :00 P .M. All persons interested may appear and be heard at the time and place set forth above. Dated: , 1981 . BY ORDER OF THE CITY COUNCIL By Judy Cox, City Clerk Q` G 2 .03 . A draft copy of the proposed application to the Minnesota Commissioner of Securities, together with all attachments and exhibits thereto, are hereby ordered place on file with the City Clerk, and shall be available for public inspection, following the publication of the notice of public hearing, between the hours of 9 :00 A.M. and 4 :00 P .M. on Monday through Friday. Adopted this day of , 1981 . Mayor Attest: City Administrator And: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted and was signed by the Mayor whose signature was attested by the City Administrator and City Clerk. MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox, City Clerk RE : Application by the Valley Health Properties for $850,000 Industrial Revenue Bonds DATE : January 16 , 1981 Introduction I have received an application from the Valley Health Properties for $850,000 I .R . Bonds . Background The first step in processing an application would be adopting the resolution setting a date for the public hearing . Recommended Action Offer Resolution No . 1787 , A Resolution Relating To A Project Under the Municipal Industrial Development Act ; Calling for a Public Hearing Thereon , and move its adoption . JSC/jms II DOUGHERTY, DAWKINS, STRAND & EKSTROM e A' INCORPORATED January 15, 1981 Honorable Walt Harbeck & City Council Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 Re: Valley Health Properties Medical Office Building Mayor Harbeck and Members of the City Council: At the request of Valley Health Properties, a partnership, we have conducted an informal study as to the economic feasibility of the proposal that the City of Shakopee issue a revenue note under the provisions of the Minnesota Municipal Industrial Development Act to provide funds to finance the acquisition of land and the con- struction of a medical office building to be owned by Valley Health Properties (the 'Owners") . Based upon preliminary discussions with the Owners, we have concluded that the project is feasible and that the revenue obligations of the City can be successfully issued and sold. We intend to act as Agent for the City and the Owners in arranging for the private placement of the obligations with institutional lenders, subject to approval of the project by the City of Shakopee and the Minnesota Department of Commerce, Securities Division and subject to final agreement by and among the City, the Owners ,and the lender as to the terms and conditions of the issuance and sale. All documentation for the financing will be prepared by Dorsey, Windhorst, Hannaford, Whitney- & Halladay, subject to approval by the City and the Owners, in accordance with Minnesota laws. We understand a copy of this letter will be forwarded by the City to the Commissioner of Securities of the State of Minnesota to serve as the letter of intent required by the commissioner. Very truly yours, DOUGHERTY, DAWKINS, STRAND & EKSTROM, Incorporated QA.,•. INVESTMENT BANKERS 414 IDS CENTER [1 MINNEAPOLIS, MINNESOTA 55402 LI 612/341-6000 CITY OF SHAKOPEE APPLICATION FOR COMMERCIAL DEVELOPMENT ISSUES Date 1-14-81 Applicant Name : Valley Health Porperties (A partnership) 222 South Lewis Shakopee, Minnesota 55379 Address : P + Phone : Location of Proposed Project (address and legal description) : Lot 3 Furrie Addition Please answer fully all of the following questions . You may attach requested documentations : 1 . What is the specific proposed use of the facility? Medical office building 2 . What is the project ' s estimated minimum and maximum size and/or capacity? 44,000 - 15,000 Sq. Ft. 3 . How many new people will be employed in Shakopee as a direct result of this proposed project ? Approximately 15 4 . What is the proposed date for start of construction? Completion of construction? April 1, 1981 - October 1, 1981 5 . What is the estimated range of costs for the facility : $1,200,000.00 a . Building construction . b . Furnishings . c . Property development . d . Land acquisition . e . Professional fees . - Application for Commercial Development Issues !',it;�_. I ) Architectural engineering U 2 ) Legal • 3 ) Fiscal f . Other (detail ) . 6 . What is the applicant ' s legal interest in the land? Purchase Agreement • 7 . A list of all members of any corporation , partnership or ocher organizations which will have a legal and fiscal interest in the ownership and management of project and chat identification of chat interest , and listing of credit and professional references for .all interested parties ( if applicable) . Western Enterprises, Dr. Abe Kern, Dr. S. Scott Standa, Dr. EvanS. Ellison, Dr. Steven Barron, Donald Conroy, Dr. William E Schedit, Lowell M. Campbell 8 . Resume of any person , partnership , or corporation which will own or manage any portion of the facility . • 9 . If any of the project is to be leased to other parties , an identification of chose parties and a showing of commitment for chat interest . 10. If interim financing is required , a showing of a binding commitment for that financing from a reputable lender . 11 . Statement as co the fiscal financing method co be used such as bonds , mortgage revenue notes , or unsecured debt . 12 , Statement as to whether the financing instruments will be sold to individuals , insurance companies , savings institutions or other . 13 . If considered appropriate by the City , a financing feasibility report may be required which will detail those physical service and financial factors which will indicate possible success or failure of the proposed facility . 14 . Method of payment of all public cost to be incurred in develop- ment of the property . N/A Appli.cacion for Commercial Development i ssucs Page! YK 15 . Name of the underwriter or investment banker who will be selected co place. che final financing . A lit of ac lease five ocher issues which have been completed by the underwriter or banker shall be provided . Dougherty, Dawkins Strand & Ekstrom, Inc. 16 . Name pf the proposed trustee co be designated . To be determined (Signed) /f/,f (Dace ) RESOLUTION NO. 1787 RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota (hereinafter, the Municipality) , as follows: Section 1 . Recitals . 1 .01 . Valley Health Properties a Minnesota general partnership (hereinafter, the Borrower) , has advised this Council of its desire to acquire land in the Municipality and to construct and equip thereon a facility to be leased by the Borrower for use as a medical office building. 1 .02 . The Municipality is authorized by Minnesota Statutes , Chapter 474 ( the Act) , to issue its revenue note or bonds (Obligations ) to finance capital projects consisting of properties used and useful in connection with a revenue-producing enterprise. The Borrower has requested that the Municipality issue its revenue Obligations in an amount not exceeding $850 ,000 to finance a portion or all of the cost of the Project. Section 2 . Public Hearing. 2 .01 . Section 474 .01 , Subdivision 7b of the Act requires that prior to submission of an application to the Minnesota Commissioner of Securities requesting approval of the Project as required by Section 474 .01, Subdivision 7 of the Act, this Council shall conduct a public hearing on the proposal to undertake and finance the Project. Pursuant to that provision, a public hearing on the proposal to undertake and finance the Project is called and shall be held on , 1981 , at _ o' clock P.M. , at the City Hall, 129 East First Avenue, Shakopee, Minnesota. 2 .02 . The City Clerk shall cause notice of the public hearing to be published in the official newspaper of the Municipality and in the Minneapolis Tribune or Star, a newspaper of general circulation in the Municipality, at least once not less than fifteen (15 ) nor more than thirty (30 ) days prior to the date fixed for the hearing, such notice to be in substantially the following form: • NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE NOTE OR BONDS UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, MINNESOTA STATUTES , CHAPTER 474 , AS AMENDED CITY OF SHAKOPEE, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Shakopee, Minnesota, will meet on , 1981 , at o' clock P .M. , at the City Hall, 129 East First Avenue, in Shakopee, Minnesota, for the purpose of conducting a public hearing on a proposal that. the City issue its revenue note or bonds, in one or more series ( the Obligations) , under the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 , as amended, in order to finance the cost of a project. The proposed project will consist of the acquisition of land in the City and the construction and ecuipment thereon of a facility to be used as a medical office building by Valley Health Properties, a Minnesota general partnership. The estimated total amount of the proposed issue is $850 , 000 . The Obligations shall be limited obligations of the City, and the Obligations and interest thereon shall be payable solely from the revenue pledged to the payment thereof, except that such Obligations may be secured by a mortgage and other encumbrance on the project. No holder of any such Obligations shall ever have the right to compel any exercise of the taxing power of the City to pay the Obligations or the interest thereon, nor to enforce payment against any property of the City except the project. A draft copy of the proposed application to the Minnesota Commissioner of Securities for approval of the Project, together with all attachments and exhibits thereto, is available for public inspection at the office of the City Clerk between the hours of 9 :00 A.M. and 4 :00 P .M. All persons interested may appear and be heard at the time and place set forth above. Dated: , 1981 . BY ORDER OF THE CITY COUNCIL By Judy Cox, City Clerk k 2 .03 . A draft copy of the proposed application to the Minnesota Commissioner of Securities, together with all attachments and exhibits thereto, are hereby ordered place on file with the City Clerk, and shall be available for public inspection, following the publication of the notice of public hearing, between the hours of 9 :00 A.M. and 4 :00 P .M. on Monday through Friday. Adopted this day of , 1981 . Mayor Attest: City Administrator And: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and .the following voted against the same: whereupon the resolution was declared duly passed and adopted and was signed by the Mayor whose signature was attested by the City Administrator and City Clerk. MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox, City Clerk RE : 1981 High School Graduation Party DATE : January 15 , 1981 Introduction I have received a request from Mr . & Mrs . Fred Jurewicz to speak to the Council on the plans for the 1981 Graduation Party . They would also like permission to use the area above the Police Department offices for the preparation of decorations and storage . Background Mr . & Mrs . Jurewicz have been in touch with the Police Chief and he has agreed to let them use this area . This is the same area they used last year . The boxing sessions are held there two nights a week, and Tom has told both groups that they will have to work around one another . Recommendation Move to allow the 1981 Graduation Party Committee to use the upstairs area of the Police Department in preparation of the party . JSC/jms January 15 , 1981 1981 Senior Class Graduation Party Committee SHAKOPEE CITY COUNCIL Shakopee , MN Dear Council Members, We, the 1981 Senior Graduation Party Committee, are again asking your support and cooperation of our efforts to pro- vide our Seniors with a fun-filled evening that they will long remember. The tradition has started and we are eager to perpetuate it. The past two years have been very successful largely due to the support our community has shown for this parent sponsored project. de will again be using the Police building for preparing our decorations. I have included a schedule of projected progress and a list of our committee cha_irpeople. Respec i ulll - 4 rpt Pred an Vae tta Jurewicz Genbral Chairdouple l SCHEDUL All meetings will be held at the Junior High Cafeteria at 7: 30p.m. unless otherwise noted. January 14 February 8 - 963 Ramsey March 1 - 963 Ramsey March. 25 April 8 April 22 May 13 Nay 27 'Workers meeting. Please invite all people who will be working at the party. June 5 - Graduation night June 27 - Committee and workers turn for a party. Location and time to be determined. Cif a...,- 1981 /1981 SENIOR CLASS PARTY COMMITI1} E Senior Chaircouple Junior Chair' 11., Io'red 1''Iaetta Jurewicz • 4.45-'7289 Decorations Publicity Carol Schmidt Kathy Bongard 445-3732 445-2746 Sally Herzog 445-3222 finance Food Gary Turen 445-6u30 Carol Goebele 445-4374 Tony Colleen Dressen Communications 445-3467 Audrey Pistulka 445-2465 Reservations Eva Cryer Secretary - Historian 445-2224 bank isileen Coyer iiary Ann Hron 445-1760 445-4570 Security Games & Entertainment John Lynn Loewing 445-4511 Donna & Warren Hallgren 445-2531 Prizes Gery & Jim Stillman 445-3523 Bonnie Mintz q45-4167 Jane DuBois 445-1662 SCHEDULE OF PROJECTED PROGRESS tel/ SUNDAY, February 8, 1981 Decorations - Theme chosen and work in progress. Entertainment & Games - Firm budget - majority of ideas presented. Prizes - Progress Report, Grand Prize and souvenir selection. Food - Menu firm, preliminary plans started. Publicity - Publicity push in progress, donators recognized. Firm plans for senior slide presentation. Security - Semi-complete plans foie security and safe t : . Reservations - Sign-up dates in mind. Finance - 1u% of revenue raised - most businesses, industry and clubs contacted. Firm plan for handling finance and pay- • ments. Fundraiser. Communications - Calling committee established, report on fundraiser. SSUNDAY, larch 1 , 1981 Planning stage complete Decorations - Final design plans complete. Work started. Entertainment & Games - Semi-final plans complete and arrangements made for majority of games. Prizes - Majority of contacts made. Souvenir ordered. Food - Menu complete . Most contacts for donated food made. Publicity - have dates set for Parents Night and student presentation. Posters up in Sr. High prior to sign-up. Security - Final details. Reservations - Sign-up dates set. Finance - Report on response from all industry and service organizations. 2C/A of revenue raised. WEDNESDAY, tlarch 25, 1981 Communications - Final report on fundraiser. Decorations - Work in progress. Plan of individual room decorations Complete. • 2ntertainment & games - Final plans complete. Rental contacts made. Prizes - All contacts complete, preliminary collection of prizes started. S Gets March 25, 1981 cont. Food - Contacts for all donated foods made . Budget for food to be bought. Publicity - on going publicity in progress. Donators publicly recognized. Security - Final details. Workers Ready. Reservations - Pre-reservations complete. Stop, look back, review and revise any and all plans. Check into invitations. Finance - 50% of revenue raised. WEDNESDAY, April 8, 1981 ALL PLANNING DETAILS 90% COMPLETE! WORK IN PROGRESS ID ALL AREAS. ALL COMMITTEES SHOULD HAVE WORKERS LINED UP. Finance - 75% of revenue raised. Reservations - Invitations ordered. WEDNESDAY, April, 22, 1981 Finance - 98% of revenue raised. Security - All ready, Ins. applied for. THE E/ClTEMENT MOUNTS GANG ! "G" DAY IS DRAWING NEAR. WEDNESDAY, May 13, 1981 ALL WORK' DONE! Full committee reports. Reservations - Invitations ready to be mailed. THE FINISH LINE IS IN SIGHT ! ! WEDNESDAY, May 27, 1981 All plans for set-up complete. Workers meeting. Model Costumes. THIS IS IT FOLKS, ALL SIGNALS GO! ! June 3-4-5 - Set-up. June 5, 1981 - Graduations for Seniors, Gradification for us. June 6 , 1981 - Clean-up These plans are subject to revisions and up-dating, MEMO TO : John K. Anderson , City Administrator FROM : Jeanne Andre , Administrative Assistant RE : Senior Muntipurpose Center - Final Arrangements DATE : January 15 , 1981 Introduction The Senior Multipurpose Center in the new elderly highrise is nearing completion . A few minor arrangements are necessary to prepare for the opening of the congregate dining program. Background 1 . Equiping the facility : There is approximately $12 .00 remain- ing in grant money and $168 .00 remaining of the money contributed by the Jaycee Women for equiping the site . The Lion ' s have also agreed to contribute approximately $200 to the Center . I have discussed with the cook and cleaning personnel the purchases necessary to operate the site , and prepared a plan for purchasing items . 2 . Parking: Approximately one year ago City officials negotiated a lease for the use of a portion of the new elderly highrise as a Senior Multipurpose Center . At the time the lease was negotiated a discussion of the parking needs for the building residents and Center participants was held . The City expressed an interest in having some spaces in the building parking lot reserved for Center participants , and the building owners indi- cated more residents might need parking than provided in the building lot (21 spaces) . An informal agreement was reached which provided for a trade-off of building spaces for Center participants in exchange for an unlimited number of 24 hour parking permits for building residents in the City Parking lot at Fuller Street and Levee Drive . However this agreement was not fine-tuned or documented . I have worked with the building managers to develop a written plan which can be imple- mented now that the building has opened . Alternatives 1 . Equiping the facility : There is always a possibility of pur- chasing or not purchasing equipment for a new facility and getting along on whatever is available . I am proposing an alternative which is fairly austere to get the facility going. It would include : a . Purchases from grant and donated money of : a towel dis- penser , 2 clocks , and a bulletin board , with remaining funds to purchase the optimum combination of tables and chairs and a plaque recognizing those who have contributed for the equiping of the Center . �. John K. Anderson January 15 , 1981 Page 2 b. Purchases from City funds of routine items necessary for the maintenance of the site such as garbage containers , mops , and cleaning supplies . 2 . Parking : The use of the building parking lot by Center partici- pants and the use of the municipal parking lot by building residents do not need to be linked together , but such linkage makes sense . Also , any agreement could be for an indefinite period or a defined long or short term . An indefinite period would take away flexibility from the City in considering future alternative uses of the municipal parking lot (for instance in a downtown renewal project) . A period of five years coinciding with the lease of the Center by the City seems rational . Recommendations 1 . Equipment the facility : City Council authorize staff to pur- chase from the general fund those items necessary for the routine operation of the new Shakopee Senior Multipurpose Center, with grant and donated funds to be used to purchase the following items : towel dispenser , 2 clocks , a bulletin board , tables , chairs and a plaque recognizing those who have contributed to equiping the Center . 2 . Parking : The City Council authorize staff to prepare an agreement for parking spaces which would provide five parking spaces for participants of the Shakopee Senior Multipurpose Center in the lot at 200 Levee Drive , and allow parking in excess of the 24 hour posted limit by up to 10 residents of 200 Levee Drive in the Red Arrow Municipal Parking Lot bordering on Fuller Street and Levee Drive . This agreement to be for a five year period concurrent with the lease of the Senior Multipurpose Center . 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P. f-• 9d I ( z (l CD ;O CD ~ 0 r-• 0 r-- H-C CD CD r^ rS 'o r-• is .s F-' C) i- A r-• -• VD CD F r-• t•-• 1--• C7 0 O %.O r -Ps A L • • •r] I-- .Ps r-- r r-$ H (1-• 0 ri CI 0 0 0 0 vO h r-• — r-• 00 C) 0 0 0 0 rC z r-• r-• r-- r-• Cr1 > b4 -ER 1:27 O O O O 9> C CO W 1 H H I • CJS F-' W 0 Cr CO o - uJ n O OD 0 CO N bg W r- K' - r C'1 v r-• I--- O (0 N co Ni r-• 1--, v O A Z H • Os. 0 k0 0 Cn N 0 In 0 CO CO XI C 0 d H rn (D rn (D C) m P. U) x n Cu (r (D (r' CO (/) CO G• b o' PO trl n v C) n 1--, n P. H. f-'• 7:1 v (D 'v r. rt U) rt cr) Cl) co (n Z rr 0 9 W c) n O rt r+ • a • C 7J CO CI °, w 0 z I-. H. C7 o (D trirt x H w 'd (D rt ri N (D 0 (A M G 9 ri •c7 t 11 rG w (rc H. ri U) kfl Ci W '-' V v r-• r- � CO - ~i . Os 0 %.0 0 N 0 lit 0 CO01 C) -) Cr, Cr, 0", a -Ps -N -Ps -N V G, V1 .L 0 MEMO TO : John K. Anderson , City Administrator FROM : Gregg Voxland , Finance Director RE : 1981 Sewer Fund Budget DATE : January 6 , 1981 Introduction Council has not yet adopted the 1981 Sewer Fund Budget . There have been delays in preparing the budget so that it is presented for consideration at this time . Staff will endeavor to prepare the 1982 Sewer Fund Budget with the other budget this summer . Background The Sewer Fund Budget is a different type budget than the other budgets that Council has adopted . This is an enterprise fund and is operated as a business . As such , this budget addresses operating expenses versus expenditures and net operating income versus just change in fund balance . The Sewer Fund has long term assets and liabilities and therefore one cannot look at fund balance (retained earning) and changes therein in the same manner as the General and Special Revenue Funds . This is a flexible budget that represents an operating plan in order to provide the service . Deviation from the plan may be needed or uncontrollable in order to provide the service . On the other hand , the General Fund Budget , for example , is a legal appropriation of xx dollars that is not to be exceeded . The revenue shown contains $54 ,000 for the grant in support of the Infiltration and Inflow Study Mr. Spurrier is proposing . The balance of revenue is the current sewer service rate pro- jected for 1981 . Staff and SPUC are working to upgrade their billing machine to be able to charge all customers for sewer service on the basis of water consumption during the winter quarter . Presently we bill all residential accounts the same flat amount . It is planned to have this feature in operation for the June 1 , 1981 utility bills . Revenue as shown is less than anticipated operating expenses . Staff will bring to Council a rate analysis to address that difference in conjunction with the change in billing methods this spring . There are a few changes in operating expenses anticipated for 1981 . Personal services are increased somewhat to reflect higher salaries and Engineering and Finance staff charging time spent or sewer fund business to the fund . Utility system maintenance has been decreased because this is somewhat of a contingency category and it is felt that it is no longer neces- sary to provide that same level in the budget . If there are more expenses incurred it would flow through as an operating loss for the year and a reduction in retained earnings . The engineering services category is up substantially to reflect the John K. Anderson G , January 6 , 1981 Page Two I&I study. Other professional services (billing) are increased to reflect increased costs and one time costs associated with the change in billing methods . Current use charges are increased to reflect the amount MWCC is billing the City for treatment of waste . Operating income shows how the sewer fund plans to do financially in the daily operation of its business . As currently shown , the fund would be losing money. It is desirable at the end of a year to have a positive operating income to show readers of the financial report that the fund has been managed in a fiscally prudent manner and to provide funding for replacement and acquisition of capital equipment/facilities . On the bottom portion on the attached sheet there is a section that converts the operating budget into an estimated cash flow statement for the year . It should be noted that there is no capital equipment proposed for 1981 . There is an attached sheet showing a proposed 5 year equipment list for the Sewer Fund . These items will be incorporated into the budget in the appro- priate year and subject to Council action at that time . Recommendation Recommend that Council review this budget and direct Staff to prepare an adoption resolution for the following meeting incor- porating changes , if any, that stem from the discussion . Sewer service rates will be addressed this spring. GV/jms attachment 1 /6/81 SEWER FUND 5 Year Capital Equipment 1981 - 1982 $16 ,000 Eductor 1982 $12 ,000 4 Wheel Drive Unit (replacement) 1983 - 1984 ' $ 5 ,000 Bucket Machine (2) (used) 1985 L CITY OF SHAKOPEE , MINNESOTA Y ar Sewer Fund Budget 1 1979 1980 YTD 1981 Actual Adopted 11/80 Proposed Revenue Service Charges $458 ,539 $537 ,040 $379 , 530 $572 , 650 I&I Grant 54,000 458 ,539 537 ,040 379 , 530 626 , 650 Expenses 4100 FT Salaries 15 ,194 19 ,000 5 , 898 22 ,000 4112 FT Overtime 612 700 290 750 4130 TP Salaries 651 700 192 700 4140 PERA 1 ,024 1 , 100 376 1 ,290 4141 FICA 750 850 308 1 ,560 4150 Health & Life Ins . 815 650 248 1 ,200 4151 Workmens Comp. 1 ,325 1 ,500 1 ,400 1 , 800 4220 General Supplies 2 ,091 3 , 500 191 2 , 500 4230 Equip . Maint . 759 2 ,000 1 ,384 2 ,000 4232 Vehicle Maint . -- 300 -- 300 4234 Utility System Maint . -- 30,000 1 , 850 10,000 4310 Legal Services -- -- -- -- 4312 Engineering Services -- 2 , 500 -- 60,000 4315 Other Prof . Services 7 ,113 7 ,000 620 9 , 500 4350 Legal Notices -- -- 23 -- 4351 Printing -- -- -- -- 4360 Gen . Liability 168 200 227 300 4361 Property Taxes -- -- -- -- 4362 Vehicle Insurance 565 600 513 650 4382 Machinery Rental -- 1 ,000 -- 1 ,000 4393 Awards & Indemnities -- 1 , 500 --- 1 ,000 4990 Miscellaneous -- 100 -- -- 4411 Current Use Charges 381 ,151 433 , 734 397 , 590 506 , 747 Depreciation 12 ,210 18,000 16 ,500 26 , 640 Total Operating Expense 424 ,428 524, 934 427 , 610 648 ,237 Operating Income $ 34,111 $ 12 , 106 $ 21 , 587 Conversion to Cash Flow Operating Income Previous $ 34 , 111 $ 12 , 106 $(21 , 587) Depreciation 12 , 210 18 ,000 26 , 640 2 yrs . Prior Flow Refund 12 ,432 43 , 734 22 ,292 Current Value Credit 9 ,064 9 ,064 9 ,064 Debt Service Credit 18 , 785 18 ,237 17 , 682 Debt Service - 61 (18 , 900) ( 23 , 600) (22 , 800) Debt Service - 80 Work -- -- (20,000) Debt Service - 81 Work -- -- (15 ,000) Eagle Creek Deferrment ( 6 , 750) ( 6 , 750) ( 6 , 750) Capital Equipment (37 , 509) -- -- Investment Interest 6 , 170 7 ,000 7 ,000 Current Yr. Flow Receivable (22 , 292) -- -- Oversizing Costs/Reconstruction -- 27 , 500 -- 8 ,482 50, 291 ( 3 ,459) Cash December 31 $104,381 $154, 672 $151 , 213 r. ,« • ''lp;:. Ci of Shakopee -Q-i , r . K O p SLICE DEPARTMENT ��� 0) N A �/ti/-,'• ; 476 South Gorman Street ' {),,—_i--, SHAKOPEE, MINNESOTA 55379 P . -- . a Tel. 445-6666 ,6 � t ,a 0L G � 4.. 10 \'i 55379 i ,t TO: John K . Anderson FROM: Thomas G. Brownell DATE : January 13 , 1981 SUBJECT: Police Clerk Position I have completed the interviewing process for filling the existing vacant position of Police Clerk. I recommend hiring Therese Lenning effective January 21, 1981, salary range 3 ; step 1; $800 . 00 per month. Sincerely, 3/ /7 . .k': Thomas G. Brownell CHIEF OF POLICE TGB:dmh IQcen A�J I,`cct7�i`d✓1 /1C('GSG �.�hn i'n aineel Se grcif-6l as ri✓afc dQ Q . �s red p y' �' go CSEYVE JO J ZOEEcL MEMO TO : Mayor and City Council FROM : John K. Anderson , City Administrator RE : Fabcon Inc . and MWCC Request for a Permit to Test Fabcon Lime Sludge on 20 Acres of the Scottland Site DATE : January 15 , 1981 Introduction City Council , at its January 6 , 1981 meeting , requested that staff investigate the above mentioned permit request , to determine the nature of the material to be spread on the Scottland site . Findings I contacted Al Frechette at Scott County and State Representative Tom Rees regarding the permit because they also received a copy of the permit request . Al Frechette had reviewed the Fabcon Lime Sludge Analysis and said that none of the material met state con- centrationsfor hazardous wastes . Al stated that the Fabcon Lime Sludge materialswere very similar to the materials in limestone . Tom Rees reinforced Al ' s comments , and indicated that he had suggested to MWCC that they use Fabcon ' s lime waste rather than buying an expensive agricultural liming agent . Tom is optimistic about the potential use of the Fabcon lime sludge because he feels it will eliminate a long standing disposal problem for Fabcon . Tom Rees also has an article in the January 14, 1981 edition of the Shakopee Valley News that discusses the subject very thoroughly . Alternatives 1 . Do nothing . 2 . Object to the requested permit . 3 . Carefully watch the experiment . Recommendation I recommend No . 3 , that we allow the testing of Fabcon lime sludge on 20 acres of the Scottland Site if approved by the PCA and request a copy of the test results when they are compiled . JKA/jms MEMO TO : Mayor and City Council FROM : John K. Anderson , City Administrator RE : Suggested Resolution Opposing the Reallocation of Fire State Aid to Any Purpose Other Than Presently Mandated DATE : January 16 , 1981 Introduction Attached is a proposed resolution that the Fire Chief would like City Council to consider . Background The League of Minnesota Cities has , as a part of its 1981 Legisla- tive Policy , proposed that the mandated use of Fire State Aid be changed to add flexibility . Currently cities receive "2% money" and all of it must go for insuring the actuarial soundness of each City ' s Fire Relief Association . Some cities apparently do not need all of the 2% money to meet the mandated actuarial amount for a given year ; and the excess then remains in the fund until needed or until the Relief Association changes it ' s benefit schedule . It is League Legislative Policy that when this occurs that particular city should have the flexibility to use the money elsewhere . This policy , according to the League , would in no way jeopardize the actuarial soundness of Relief Associations . Alternatives 1 . Continue with the status quo without making a statment pro or con (eg . passing the suggested resolution) . 2 . Continue with the status quo and pass the suggested resolution . 3 . Endorse the League ' s Legislative Policy . Recommendation The League ' s proposal will have little or no effect upon the City because our Relief Association requires $17 , 785 in General Fund support in addition to the 2% money ( state aid) to maintain actuarial soundness . For this reason I would recommend alterna- tive #1 for Shakopee , however , if there is a strong feeling that a statement should be made one way or another alternative #2 or #3 could be selected . JKA/jms RESOLUTION NO . 1785 A RESOLUTION OPPOSING THE REALLOCATION OF FIRE STATE AID TO ANY PURPOSE OTHER THAN PRESENTLY MANDATED WHEREAS , the City of Shakopee recognizes the importance of maintaining a financially sound retirement and disability benefit program for its volunteer firefighters through the firefighters ' relief association , and WHEREAS , the City recognizes that the sole purpose of the fire state aid made available under. Minnesota Statutes 69 . 011. through 69 .051 is to provide a port ion of the funds necessary to support the various firefighters relief associations which exist within the State of Minnesota ; and WHEREAS , allocation of a portion or all of the fire state aid to purposes other than now mandated may jeopardize the associations ' financial ability to maintain and improve pension and other benefit levels which are deemed necessary or desirous by the City to attract and retain qualified volunteer firefighters . NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA , that it is opposed to any legislation which would alter or eliminate the exclusive allocation of the fire state aid now provided for in Minnesota Statutes Chapter 69 .011 through 69 .051 ; and BE IT FURTHER RESOLVED , that a copy of this resolution be presented to the offiers of the Minnesota League of Cities and to each of the persons who represent the citizens of Shakopee in the Minnesota State Legislature . 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 C21 !_c_ To: Shakopee City Council From: The Shakopee Fire Department Re: Resolution No. 1785 The volunteer members of the Shakopee Fire Department unanimously support Resolution Number 1785, a Resolution opposing the reallocation of Fire State Aid to any purpose other than presently mandated. Enclosed is signatures of department members indicating their support. Two members were at a fire training school at the time of our meeting Monday night, January 19th, so were unavailable to sign the sheet but they too support the resolution. Members of the Shakopee Fire Department firmly believe any reallocation would jeopardize our pension fund and retirement benefits. We ask for your support on this matter and the support of your volunteer fire departments retirement program. We are all dedicated people and feel our retirement benefits are important after 20 years of volunteer service in fire fighting and preventnon. At our departments regular meeting Monday the Shakopee Volunteer Firemen unanimously supported a motion asking for possitive council action on Resolution Number 1785. Thank you. Members of the Shakopee Volunteer Fire Department. (attachment) - .- ,-;--- ,,,,..„(c, xi -.( 52-1) /7j; it____, 0)21_,,t;,, 1 i de - �� j �i -7-,:- R A '.. 7. ef ,,o. ._,,A.,,,,,,,- - - _ e - '- it- // r zzc,J' :i /�ti-trytejt/yr-a. wti 146,-- -- 14 454/ ` r % 4 • ii (/ P-)„,:fg2 ,f-e-- ...,c.:6e---7-z-e___. -:,--z.' ,24____ ' ',7-74eAizil: "7 ,,1 -A7,. . - .>cl(/‘.:./tcA-clek l'ie- 1:1"774,' .... ‘€)t..,. , / 61:-/--v -A rs` ,-,,, :y7 /2/'- • MEMO TO : Mayor and City Council FROM : John K . Anderson , City Administrator RE : Proposed Contract for Engineering Services DATE :- January 15 , 1981 Introduction The City has annually contracted with a private firm for Professional Engineering Services . The attached contract and fee schedule is proposed for 1981 . Background Suburban Engineering has served the City of Shakopee for a number of years and did so again in 1980 . The City Engineer, Bill Price , and I recently reviewed Suburban Engineering ' s proposed contract and fee schedule as well as Suburban ' s service to the City of Shakopee during 1980. Suburban ' s service to the City has been satisfactory and the proposed fee schedule for Shakopee is slightly less than the, firms standard fees for hourly work. (Regular fee schedule attached) . Recommendation It is the recommendation of both the City Engineer and myself that the Council approve the proposed contract and hourly fee schedule of Suburban Engineering for 1981 and authorize appropriate City officials to execute same . JKA/jms `r_CI Main Office 571-6066 UBURBAN 6875 Highway No. 65 N. E. . NQIIEERIN® ___ Minneapolis, Minnesota 55.32 ' INC. [1:11._,10 South Office 890.6!10 { Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 i FEE SCHEDULE FOR ENGINEERING & SURVEYING SERVICES Effective January 1 , 1981 to Shakopee, Minnesota General Statement Due to the variation in complexity of engineering and surveying projects, it is often impossible to determine in advance the exact time and effort that any project will require. Where fixed fees or percentage of con- struction cost fee are not agreed to in advance, all work will be done on an hourly basis in accordance with this schedule. Hourly Rates 1. Principal Engineer. $47.00/hr. 2. Senior Engineer $44.00/hr. 3. Project Engineer $33.00/hr. 4. Project Engineer (EIT) $28.00/hr. 5. Surveyor - $42.00/hr. 6. Planner $33.00/hr. 7. Designer $31 .00/hr. 8. Engineering Aide II $29.00/hr. 9. Engineering Aide I - -- $25.00/hr. 10. Draftsman/computer $29.00/hr. , 11 . Draftsman II $22.00/hr. 12. Draftsman I $20.00/hr. 13. Draftsman Apprentice $14.00/hr. 14. Drafting Room Helper $11 .00/hr. 15. Project Field Coordinator $28.00/hr. 16. Project Field Representative $24.00/hr. 17. 3 Man Survey Crew $65.00/hr. 18. 2 Man Survey Crew $52.00/hr. 19. Clerical and Stenographic N/C 20. Electronic Distance Measuring System N/C The above hourly rates include all normal expenses such as in-house printing, field staking supplies, and vehicle operating cost in the metropolitan area . In special cases with unusual expenses or for travel away from this area, there will be an additional charge for out of pocket expense. Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Sum. Peter J. Molinaro, Reg. Log. Wm. E. Jensen, Reg. Eng. William J. Brezinsky, Reg. Eng. H. William Rogers, Reg. Suru. Bruce A Paterson, Reg Eng. Daniel P. Johnson, Reg. Eng. Kim W. Waldo!, Reg. Eng. c. Main Office 571.6066 �` . UNURBAN 6875 Highway No. 65 N. E./.9,, 4;4:4_,. q IeIQINEERIU® IMinneapolls, Minnesota 55432 INC. - South Office 89C 6510 a Civil, Municipal & Environmental Engineering 1101 Cliff Road•ax Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 Li i FEE SCHEDULE FOR ENGINEERING & SURVEYING SERVICES Effective January 1 , 1981 General Statement Due to the variation in complexity of engineering and surveying projects, it is often impossible to determine in advance the exact time and effort that any project will require. Where fixed fees or percentage of con- struction cost fee are not agreed to in advance, all work will be done on an hourly basis in accordance with this schedule. Hourly Rates 1 . Principal Engineer $49.00/hour 2. Principal Surveyor $46.00/hour 3': Senior Engineer $44.00/hour 4:. Project Engineer 28.00-$39.00/hour 5. Surveyor $42.00/hour 6. Planner $33.00/hour 7. Designer $31 .00/hour 8. Engineering Aide II $29.00/hour 9. Engineering Aide I $25.00/hour 10. Draftsman/computer $29.00/hour 11 . Draftsman II $22.00/hour 12` Draftsman I $20.00/hour 13. Draftsman Apprentice - - - - - - - $14.00/hour 14. Drafting Room Helper $11 .00/hour 15. Project Field Coordini.itor 528.00/hour 16. Project Field Representative - - - - - $24.00/hour 17. 3 Man Survey Crew $65.00/hour 18. 2 Man Survey Crew $52.00/hour 19. Clerical and Stenographic $16.00/hour 20. Electronic Distance Measuring System - - - $15.00/hour The above hourly rates include all normal expenses such as in-house printing, field staking supplies, and vehicle operating co!it in the metropolitan area. In special cases with unusual expenses or for travel away from this area, there will be an additional charge for out of pocket expense. • Robert Minder, Req Eng E.A. Rathbun, Reg Surv. Wm. E. Price, Reg. Eng. Gory R. Harris, Reg. Sure. Peter .1 Muhnnro, Reg. I nq Rif', I Jensen U.. 1,r Wilton, J BrerusAy, Rog Eng H William Rogers, Reg. Sora. Bruce A Paterson. Req 1.,,_ Daniel 1 .lo,.1.,on, Reg. :In, Kim W. Waldo!, Reg. Eng. • AGREEMENT FOR PROFESSIONAL ENGINEERING AND LAND SURVEYING SERVICES • THIS AGREEMENT, dated January 5, 1981, between the City of Shakopee, Minnesota, a municipal corporation, hereinafter called the OWNER and Suburban Engineering, Inc. , hereinafter called the CONSULTANT, pro- vides for the terms and conditions under which the OWNER intends to retain the CONSULTANT to provide Professional Engineering and Surveying Services required to complete preliminary project design, feasibility report, final design, construction drawings and specifications, and other required contract documents, contract administration, construction staking and resident representation. THIS AGREEMENT also provides for professional services of a general consulting nature to assist the OWNER with specific matters or matters of a general engineering or surveying nature. The OWNER °and the CONSULTANT agree as set forth below: A. SCOPE OF PROJECTS AUTHORIZED Authorization to proceed shall be conveyed to the CONSULTANT by a authorized representative of the OWNER in written form which describes the scope of the work to be performed and any special conditions of this agreement. B. SCOPE OF SERVICES The scope of services to be provided for each project is as described in "A Guide for Engagement of Engineering Services" adopted by the Minnesota Society of Professional Engineers and the Consulting Engineers Council of Minnesota (hereafter referred to as the 1972 Guide) or as modified herein. A summary of these Basic Services is as follows : 1. f3��ic Services - Preliminary Study Teasibility Study and Preliminary Design shall include the normal pThnning, engineering and land surveying services as follows : a. Collect and review applicable existing data and reports per- taining to the project which may have a bearing on establish- ing routes, service areas and ultimate design criteria. (1) r b. Completion of preliminary engineering design of utility and/or street alternates including supervision of pre- liminary soi 1 testing as required, field checking cri ti cal features of routes by level circuits required for preliminary design to establish project feasibility , and to develop i preliminary construction cost estimates. c. Submit project feasibility report to OWNER including, but not limited, to, engineer's certification , discussion of feasibility study findings , and proposed project descriptions , preliminary cost estimate summaries and proposed method of assessment. 2. Basic Services - Final Design Final design, construction drawings and contract documents shall include the normal planning, engineering, land surveying services as follows : • a. Refine alternates selected by the OWNER to extent necessary to develop final plans and specifications . h. Perform field surveys required for final design. c. Supervise soil borings required for final design. d. Prepare construction drawings . e. Submit plans and speci fi cai tons to the OWNER and appl i cable governmental agencies for approval . Prepare proposal forms , advertisemetrs for bids and data for construction contract. g. Furnish additional copies of plans, specifications and contract documents to prospective bidders. h. Assist in securing bids and conducting the bid openings . i , Tabulate bids and recommend action to be taken on the bids . 3. Basic Services - Construction Phase Construction phase services shall include the normal cunni neeri na and land surveying services as follows : a. General supervision of project during constructino to assure conformance with the intent of the plans and specifications . Such general supervision shall be limited to periodic visits to the construction _. i to by the Project tiananer. (2) G b. Assist with interpretation of plans and speci fi cations . c. Review shop drawings and related data of the Contractor and manufacturers . d. Coordinate the work of testing 1 aboratori es . . Consult with and advise the OWNER during construction. 4f. Prepare a final report to the OWNER when construction is substantially complete g. Prepare and process the Contractor' s periodic and final pay- ment requests . 4. Addi ti onal Services The following services c,re not covered in Paragraphs 31 through B3 above, and if any of these services are authorized by the OWNER, they shall be paid for by the OWNER as hereinafter provided. a. Revisions of plans and specifications after approval by the OWNER and/or local , state or federal authori ties . b. Construction staking. -t. Construction observation including daily inspection of Con tractor' s operations. d. As-bui 1t surveys . e. Prepare as-built drawings following completion of construction. f. Land surveys ,, establishment of boundaries and monuments and preparation of land and easement descriptions, both temporary and permanent. g. Preparation of final assessment data from information furnished by the OWNER. h. Assistance to the OWNER in negotiation with individuals , corporations , municipalities , or any other local , state of federal authorities for acquisition of property easements or right-of-way or agreements requi red for the initiation , pro- secution and construction of the Project. i . Special nretings attended or trips made at :he OWN1-P'; request at locations other than the OWNER' S nr CONSULTANT'S o rice or tho Project si te. i. Meetings , conferences or special studies not in cr.nlunction With specific project, made at the OWN[R'S request. ( 3) T • C. FEES FOR PROFESSIONAL_ SERVICES The OWNER shall compensate the CONSULTANT for completion of professsional services described in Paragraph B above as follows : 1 . The fee for the CONSULTANT'S BASIC SERVICES, as described in Paraaraohs Bl* B2 and B3 of this Agreement shall be based on a percentage of the actual construction cost or, in the absence of actual cost figures , on a percentage of estimated construction cost.The percentage determination shall be based on Curve B appearing on Figure 2, page 15 of the 1972 Gui de , and as attached hereto, unless otherwise provi ded. The construction cost used to determine the compensation rate on pro- jects which are constructed shall be the final amount paid to the Con- tractor upon completion of the project. The construction cost used to determine the compensation rate on projects which are not wholly constructed shall be the estimated construction cost of the project. Preliminary studies will be compensated for on an hourly basis with tree t to be allowed toward the basic fee up to a maximum of 15°', of the basic - :e. In the case of sanitary sewer, water main and storm sewer projects , the dollar amounts determined by the use of Curve B shall be reduced by an amount agreeable to both OWNER and CONSULTANT to reflect a credit for previous comprehensive studies which wi 11 be made available for the CONSULTANT'S use as described i n Paragraph D of this Agreement. Progress payments for BASIC SERVICES on individual Projects shall be bas 'd upon an interim compensation rate of 6.00% and shall be made as follows unless otherwise provided: a. BASIC SERVICES - PRELIMINARY STUDY : 15% of Basic Fee , payable upon completion and acceptance of the written feasibility report by the OWNER. N. BASIC SERVICES - FINAL DESIGN: 70% of Basic Fee payable in nrnthly increments based on the progress towards completion of final plans and speci fi cations. c.`BASIC SERVICES - CONSTRUCTION PHASE : 15% of Basic ft , payable in monthly increments in the same proportion as periodic. payments to the construction contractor. Final payment due after fi n.,l inspection and approval of the Project. ( 1\ 2. Payment for the CONSULTANT' S ADDITIONAL SERVICES as described in Paragraph B4 of this Agreement and for all work in progress shall be according to the attached hourly fee schedule for the actual time spent on the project, including travel time for all personnel . "The maximum compensation for all necessary construction staking ~and inspection for each project shall be 6.0% of the final con- struction cost for that project. Restakinq caused by vandalism or Con- tractor's neglect shall be subject to the 6.0% limitation. 3. The OWNER shall compensate the CONSULTANT for all reimbursable expenses , actual expenditures for the CONSULTANT'S additional servi ces , other than the hourly fees , di rectly connected wi th the Project, including cost of soil borings , testing or special consutlants as di rected by the OWNER and special outside services for such as commercial printing used in reproducing of records , drawings and specifications or field work. 4. The OWNER shall compensate the CONSULTANT for making major revisions • `in drawings , speci fi cations or other documents directed by the OWNER 'when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the CONSULTANT. The 6% limit of Paragraph C2 of this Agreement shall not apply for these authorized additional services D: OWNER'S RESPONSIBILITY , " The OWNER shall make available or a; low access to all existing data related to the work and all other data or information which may develop that could possible have a bearing on the decisions or recommendations made under this Agreement. The OWNER shall specifically provide : 1. Copies of the calculation and supporting data from any reports covering the trunk sanitary sewer system, waterworks improvements and storm sewer system as submi tted to the OWNER. 2. Prnposed or approved subdivision , P .U. D. , plats and oth;•:' oertin:•nt date which may have a bearing on planning and engineering decisions . 3. Tnrrographi c mappi nq and boundary surveys. 4. Ci ty records showing nag s and legal descriptions of property survev', an, and other information related to the desi go and construction of t.112 Pro ir (c) T 5. Authority for representatives of the CONSULTANT to enter lands for surveys and other information related to the design and construction of the Project. 6. The OWNER will pay for all soi 1 testing requi red throughout the design and construction of the Project. 7. The OWNER will pay for laboratory tests of materials and workmanship. 8. The OWNER will provide legal assistance for easement descriptions where necessary. E. TERM, TERMINATION, SUCCESSORS AND ASSIGJS 1. Term of the contract shall be concurrent with the work authorized between January 5, 1981 and December 31 , 1982. 2. Termination may be accomplished by either party at any time by written notice and shall be effective upon payment in full for all services per- formed to the date of receipt of such noti ce, provided, however, that the CONSULTANT may not terminate his services during critical stages of individual projects as determined by the OWNER. 3. The OWNER and the CONSULTANT each binds itself, its partners , successors , assigns and legal representatives to the other party of this Agreement and to the partners , successors , assisgns , and legal representatives of such other party with respect to all convenants of this Agreement. 4. Neither the OWNER nor the CONSULTANT shall assign , sublet or transfer his interest to this Agreement without the written consent of the other. F. CONSULTANT' S RECORDS , DOCUMENTS, AND INSURANCE 1 . The CONSULTANT shall maintain time records for hourly fees , design calculations and research notes in legible form and will be made available to the OWNER, if required. 2. The CONSULTANT reserves the right to secure and maintain statutory copyright in all ,ublished books , published or unpublished drawings of a scientific or techni cal character, and ot! r works related to Project in which copyright may be claimed. The OWNFR shall have fell rights to reproduce works under this Agreement eith,lr in ‘.110e or in part as related to this Project. One copy of each drp..ii ng sh.:11 be provided in reproducible form for use by the OlwNER, but the ori uinal drawings wi 11 remain. the property of the CONSIJI TANT. (5) 'Jv 3. The CONSULTANT shall carry insurance to protect him from claims under Wni.kowi's Compensation Acts ; from claims for damages because of bodi ly injury including death to Isis employees and the pub I iL, and Hum LIainr. for property damage. G. EXTENT OF AGREEMENT AND APPLICABLE LAW 1. This Agreement and all letters of authorization described in Paragraph A represent the entire and integrated Agreement between the OWNER and the CONSULTANT and supersedes all prior negotiations , representations or agreements ,whether wri tten or oral with respect to the Projects to be authorized. This Agreement may be amended only by wri tten instrument signed by both OWNER and CONSULTANT. • 2. This Agreem.nt shall be governed by the Laws of the State of Minnesota. IN WITNESS WHEREOF, the OWNER and the CONSULTANT have made and executed this Agreement: FOR THE .CITY OF SHAKOPEE By Mayo Wi tness a By Administ •ator Dated FOR SUBURBAN ENGINEERING,INC. Ti tle Dated ( 7) f^'._"), `°'. • 9'*---(-�...'-- -) /`' �` i ``.,, City of Shakopee /.:- P E ,,, POLICE DEPARTMENT -4-- ,,s, ',',/,,l.,-17-773-(7)-\ l �j c-4.1��ay s �''7 ✓ i_�'Y� 476 South Gorman Street t� �, .� ,y,_*. ill , V---',.)k SHAKOPEE, MINNESOTA 55379' G�r \telCAN. P % Tel. 445 6666 1 )9' y' 5 5 3 7 9 til f4 z I TO: Mayor and Council Members FROM: Thomas Brownell DATE : January 5 , 198]. SUBJECT: Civil Defense Ordinance I have received notification that Shakopee City Code 2 . 11 (Civil Defense) does not meet the State or Federal standards necessary to function during a natural or man-made disaster . Due to our annual concern relative to storm damage and the high volume of rail and commercial vehicular traffic in our immediate area, it is vitally important for City Government to have the legal authority to function during a disaster. I have obtained a model ordinance prepared by the League of Mu- nicipalities which fulfills the State and Federal requirements. The ordinance establishes the legal emergency authority of City Governnient, which enables us to obtain monetary and material aid from other governmental agencies, provides for limited emer- gency funding procedures, and reduces the impact of civil lia- bility. I recommend the adoption of the suggested model ordinance . Sincerely, Thomas G. Brownell CHIEF OF POLICE TGE:dmh rlo cS:ezc'e 7o P•totecl Law Offices of KRASS, MEYER 13c KANNING Chartered Phillip R. Krass Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kenning Shakopee, Minnesota 55379 (612)445-5080 January 9, 1981 Mr. Thomas Brownell Chief Shakopee Police Department 476 Gorman Street Shakopee, MN 55379 Dear Mr. Brownell : I have reviewed the Civil Defense Ordinance form you brought over which I understand was prepared by the League of Cities. I find it to be in order and would have no difficulty approving it as to form with one minor change. I believe in Section 12 we should simply indicate whoever violates the ordinance shall be guilty of a misdemeanor, and shall be punished in accordance with the Shakopee City Code upon con- viction rather than setting out a fine which may have to be changed later. I hope this is of some assistance to you. Yours very truly, KRASS, MEYER & KANNING CHARTERED Phillip R, Krass PRK:ph Appendix 13 CIVIL DEFENSE ORDINANCE SHAKOPEE, MINNESOTA An Ordinance Providing for Civil Defense and for Protection and Promotion of Public Safety, Health, and Welfare in the City of Shakopee , during Civil Defense Emergencies . THE CITY COUNCIL OF THE CITY OF SHAKOPEE ORDAINS : Section I Policy and Purpose Subdivision 1 . Because of the existing and increasing possibility of the occurrence of disasters of unprecendented size and destructiveness resulting from enemy attack, sabotage , or other hostile action, or from fire, flood, earthquake or other natural; or man-made causes , and in order to insure that prepara- tionsof this city will be adequate to deal with such disasters , and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this city, it is hereby found and declared to be necessary : a) To establish a city civil defense organization; b) To provide for the exercise of necessary powers during civil defense emergencies and the time of a natural or man-made disaster; c) To provide for the formulation of necessary plans and training to meet the requirements of the city missions; d) To provide for the rendering of mutual aid between this city and other political subdivisions of this state and of other states with respect to the carrying out civil defense functions . Subdivision 2 . It is further declared to be the purpose of this Ordinance and the policy of the City, that all civil defense functions of this City be coordinated to the maximum extent practicable with the comparable functions of the federal govern- ment , of this state , county, and of private agencies of every type , to the end that the most effective preparations and use may be made of the nation' s manpower, resources , and facilities for dealing with any disaster that may occur . Appendix 13 Page 1 Section 2 Definitions Subdivision 1 . "Civil Defense" means the preparation for and carrying out of all emergency functions , other than functions for which military forces are primarily responsible , to prevent , minimize and repair injury and damage resulting from disasters caused by acts of nature, enemy attack, sabotage or other hostile action, or from fire , flood, earthquake or other natural or man- made causes . These functions include, without limitation, fire- fighting services , police services , medical and health services , rescue , engineering, air raid warning services , communications , radiological , chemical and other special weapons defense , evacua- tion of persons from stricken areas , emergency welfare services , emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services , and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for an carrying out of the foregoing functions . Subdivision 2 . "Civil Defense Emergency" means an emergency declared by the Governor under the provisions of M. S . 12 . 31 as amended, or an emergency declared by the Mayor and/or City Council under Section 6 of this Ordinance . Subdivision 3 . "Civil Defense Forces" means any personnel employed by the City and any other volunteer or paid member of the City defense organization engaged in carrying on civil defense functions in accordance with the provisions of this Ordinance of any rule or other thereunder. Section 3 r Establishment of Civil Defense Agency Subdivision 1 . There is hereby created within the City government a civil defense agency, which shall be under the super- vision and control of a Coordinator of civil defense , hereinafter called the Coordinator. The Coordinator shall be appointed by the Mayor for an indefinite term and may be removed at any time . The Coordinator may be compensated at a rate to be determined by the city council and he shall be paid his necessary expenses . The Coordinator shall have direct responsibility for the organization, administration, and operation of the civil defense agency, subject to the direction and control of the Mayor . The civil defense agency shall be organized into such divisions and bureaus , consistent with state, county and local civil defense plans , as the Coordinator deems necessary to provide for the efficient performance of local civil defense functions during a civil defense emergency . The civil defense agency shall perform civil defense functions outside the city as may be required pursuant to the provisions of the Minnesota Civil Defense Act of 1951 as amended, the Scott County Common Organization Contract , or this Ordinance . Appendix 13 Page 2 • Section 4 Powers and Duties of the Coordinator Subdivision 1 . The Coordinator, with the consent of the Mayor or City Administrator, shall represent the city on any county, regional , or state organization for civil defense . Subdivision 2 . The Coordinator shall make such studies and surveys of the manpower, industries resources , and facilities of the -city including Fallout Shelters as he deems necessary to determine their adequacy for civil defense, and to plan for their most efficient use in time of a civil defense emergency. Subdivision 3 . The Coordinator shall prepare a comprehensive general plan for the civil defense of the City which will include a Community Shelter Plan utilizing the established Fallout Shelters and shall present such plan to the city council for its approval . When the city council has approved the plan by resolution, it shall be the duty of all municipal agencies and all civil defense forces of the City, to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time . The Coordinator shall coordinate the civil defense activities of the City to the end that they shall be consistent and fully integrated with the civil defense plans of Scott County. Subdivision 4 . In accordance with the state, county, and City civil defense plan, the Coordinator shall institute such training programs and public information programs and shall take all other preparatory steps , including the partial or full mobili- zation of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the City civil defense plan in time of a civil defense emergency. He may, from time to time, conduct such practice air-raid alerts or other civil defense exercises as he may deem necessary. Subdivision S . The Coordinator shall utilize the personnel , services , equipment, supplies, and facilities of existing depart- ments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall , to the maximum extent practicable , cooperate with and extend such services and facilities to the local civil defense agency and to the Governor or Scott County authorities upon request . The head of each department and agency, in cooperation with and under the direction of the Coordinator, shall be respon- sible for the planning and programming of such civil defense activities as will involve the utilization of the facilities of this department or agency. _. Subdivision 6 . The Coordinator shall , in cooperation with existing city departments and agencies affected, organize, recruit , and train Fallout Shelter Managers , Radiological Monitors , police reserves, rescue personnel , auxiliary firemen, emergency medical personnel , and any other personnel that may be required on a volunteer basis to carry out the civil defense plans of the City, Scott County, or the State . To the extent that such emergency Appendix 13 Page 3 personnel are recruited to augment a regular city department or agency for civil defense emergencies , they shall be assigned to such department or agency for purposes of administration and command . ,.The Coordinator may dismiss any civil defense volunteer at any time and require him to surrender any equipment and identi- fication furnished by the City. Subdivision 7 . Consistent with the civil defense plan, the Coordinator shall provide and equip emergency hospitals , casualty stations , ambulances, canteens , evacuation centers , and other facilities , or conveyances for the care of the injured or homeless persons. Subdivision 8 . The Coordinator shall carry out all orders , rules , and regulations issued by the Mayor, Governor, and Scott County through the Common Organization Contract , pertaining to civil defense . Subdivision 9 . The Civil Defense Coordinator shall direct and coordinate the general operations of all local civil defense forces during a civil defense emergency in conformity with controlling regulations and instructions of State and County civil defense authorities . The heads of departments and agencies shall be governed by his orders in respect thereto. Subdivision 10. Consistent with the civil defense plan, the Coordinator shall use the Scott County Emergency Operating Center and, if required by the local civil defense plan, auxiliary centers to be used during a civil defense emergency as headquarters for direction and control of civil defense forces . He shall arrange for representation at the center by municipal departments and agencies , public utilities and other agencies authorized by Federal or State authority to carry on civil defense activities during a civil defense emergency. Subdivision 11 . During the first 30 days of a civil defense emergency, if the Legislature is in session or the governor has coupled his declaration of the emergency with a call for a special session of the Legislature , the Coordinator may, when necessary to save life or property, require any person, except members of the Federal or State military forces and officers of the state or any other political subdivision, to perform services for civil defense purposes as he directs; and he may commandeer, for the time being, any motor vehicle , tools , appliances , or any other property, subject to the owner ' s right to just compensation as provided by law. Section 5 General Provisions on Civil Defense Workers Subdivision 1 . Civil Defense volunteers shall be called into service only in case of a civil defense emergency or a natural disaster for which the regular municipal forces are inadequate or for necessary training and preparation for such emergencies . All volunteers shall serve without compensation. Appendix 13 page 4 • T/L'' Subdivision 2 . Each civil defense volunteer shall be provided with such suitable insignia or other identification as may be re- quired by the Coordinator. Such identification shall be in a form and style approved by the Federal government . No volunteer shall exercise any authority oyez the person except an authorized volun- teer shall use the identification of a volunteer or otherwise represent himself to be :an authorized volunteer. Subdivision 3 . No civil defense volunteer shall carry any firearm while on duty except on written order of the chief of the police department . Subdivision 4 . Personnel procedures of the city applicable to regular employees shall not apply to volunteer civil defense workers , but shall apply to paid employees of the civil defense agency. Section 6 Emergency Regulations Subdivision 1 . When used in this section, the term "civil defense emergency" includes , in addition to the meaning given in State law, disasters caused by fire, flood, windstorm, or other natural and man-made causes . Subdivision 2 . Whenever necessary to meet a civil defense emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the governor or the city council , the mayor may by proclamation promulgate regulations , consistent with applicable Federal or State law or regulations , respecting: protection against nuclear missiles ; the sounding of attack warning; the conduct of persons and the use of property during emergencies ; the repair, - maintenance , and safeguarding of essential public services ; emergency health, fire , and safety regulation, trial drills , or practice periods required for pre- liminary training; and all other matters which are required to protect public safety, health, and welfare in civil defense emergencies . Subdivision 3. Every proclamation of emergency regulations shall be in writing and signed by the mayor; shall be dated ; shall refer to the particular civil defense emergency to which it pertains , if so limited; and shall be filed in the office of city administrator, where a copy shall be kept posted and available for public inspection during business hours . Notice of the existence of such regulation and its availability for inspection at the Admin- istrator' s office shall be conspicuously posted at the front of the city hall or other headquarters of the city and at such other places in the affected area as the mayor shall designate in the proclamation. Thereupon the regulation shall take effect immediate- ly or at such later time as may be specified in the proclamation. By like proclamation, the mayor may modify or rescind any such regulation. Appendix 13 page 5 Subdivision 4. The city council may rescind any such regula- tion by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of 30 days after its effective date or at the end of the civil defense emergency to which it relates , whichever occurs first . Any ordinance , rule, or regulation inconsistent with an emergency regulation promulga- ted by the mayor shall be suspended during the period of time and to the . extent that such conflict exists . During the civil defense emergency, the city is , notwith- standing any statutory or charter provision to the contrary, empowered, through its governing body acting within or without the corporate limits of the city, to enter into contracts and incur obligations necessary to combat such disaster by protect- ing the health and safety of persons and property , and pro- viding emergency assistance to the victims of such disaster . The city may exercise such powers in the light of exigencies of the disaster without compliance with time-consuming procedures and formalities prescribed by law pertaining to the performance, of public work, entering into contracts , incurring of obligations , employment of temporary workers , rental of equipment , purchase of supplies and materials, limitations upon tax levies ; and the appropriation and expenditure of public funds including, but not limited to, publication of ordinances and resolutions , publication of calls for bids , provisions of civil service laws and rules , provisions relating to low bids , and requirements for budgets . Subdivision S . During a civil defense emergency, the mayor is authorized to contract on behalf of the City for services or for the purchase of merchandise or materials where the amount of the contract or purchase does not exceed $10,000. The Mayor may take such action without prior approval of the council and without compliance with regular purchasing and bidding pro- cedures , but all claims resulting therefrom shall be audited and approved by the council as in the case of other purchases and contracts . Section 7 Civil. Defense Agency Procedure Subdivision 1 . There is hereby established in the city treasury a special account to be known as the civil defense account . Into this account shall be placed the proceeds of taxes levied for civil defense , money transferred from other funds , gifts, and other revenues of the civil defense agency. From it shall be made expenditures for the operation and maintenance of the civil defense agency and other expenditures for civil defense . Regular accounting, disbursement , purchasing, budgeting and other financial procedures of the city shall apply to the civil defense fund in so far as practicable; but budgeting requirements and other financial procedures shall not apply to expenditures from the fund in any case when their application will prevent compliance with terms and conditions of a Federal or State grant of money or property for civil defense purposes . Appendix 13 Page 6 C Section 8 Fallout Shelter in Public Structures Subdivision 1 . It is the policy of the City that fallout shelters be incorporated in all public buildings owned by the City to the fullest extent practicable in order to provide pro- tection against radiation in the event of nuclear attack. Subdivision 2 . The city council shall require that all contracts for the design or construction of such public build- ings , including additions to or alterations of existing struc- tures , incorporate fallout protection for at least the normal anticipated daily population of the building. The fallout shelter protection provided for shall meet or exceed the minimum space and fallout protection criteria recommended by the Federal Emergency Management Agency, unless exempted from such shelter requirement as provided in Subdivision 3 . Subdivision 3 . The city council may exempt buildings or structures from the requirements of this section where it finds that such incorporation of fallout shelter will create an addi- tional cost in the construction of such structure in excess of 1% of the estimated cost thereof without shelter so incorporated, or if it finds that other factors make unnecessary or impracti- cable the incorporation of fallout shelter in such structures . Section 9 Conformity and Cooperation with Federal , State and County Authority Subdivision 1 . Every officer and agency of the city shall cooperate with Federal , State and County authorities and with authorized agencies engaged in civil defense and emergency measures to the fullest possible extent consistent with the per- formance of their other duties . The provisions of this Ordinance and of all regulations made thereunder , shall be subject to all applicable and controlling provisions of Federal and State laws and of regulations and orders issued thereunder and shall be deemed to be suspended and imoperative so far as there is any conflict therewith. Subdivision 2 . The Mayor, with the approval of the city council , may appoint any qualified person holding a position in any agency created under Federal or State authority for civil defense purposes as a special policeman of the City, with such police powers and duties within the City, incident to the functions of his position, not exceeding those of a regular policeman shall be subject to the supervision and control of the Chief of Police and such other police officers of the city as the chief may designate . Appendix 13 Page 7 . . Section 10 Civil Defense IA Governmental Function All functions hereunder and all other activities relating to civil defense are hereby declared to be governmental functions . The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this resolution or under the workmen ' s compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress . Section 11 Participation in Labor Dispute or Politics The civil defense agency shall not participatein any form of political activity, nor shall it be employed directly or in- directly for political purposes , nor shall it be employed in a labor dispute . Section 12 Penalty Any person who violates any provision of this Ordinance or of any regulation adopted thereunder, relating to acts , omissions , or conduct other than official acts of city officers or employees , is guilty of a misdemeanor, and upon conviction may be punished by a fine of not more than $500. Section 13 Effective Date This Ordinance shall take effect upon its passage and publica- tion. Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of , 1981 . Mayor ATTEST: City Administrator • Approved as to form this day of , 1981 . City Attorney 8 Annendi x 13 PAPR CITY 0 ,A 41 _go.l� 7 129 East First Avenue, Shakopee, Minnesota 55379 IJ <ic,24itx3l►►a _ MEMO John K. Anderson, City Administrator TO: FROM: Harot J . Ring, Piro chief SUBJECT: Assistant Engineer Trainee DATE: January 14, 1981 INTRODUCTION The Shakopee Fire Department requests the addition of a new position of Assistant Engineer Trainee to work with the Chief Engineer and his First Assistant on a one year training program. The purpose is to train a young fireman in the maintenance of our equipment toward the objective of becoming Chief Engineer. BACKGROUND Our present Engineer has indicated a desire to retire but has agreed to stay on as Engineer for another year to train a replacement. The work load at the fire station has increased considerably with the addition of new equipment and the natural aging of the emer- gency vehicles. Expertise in this work is vital to the peak function of our equipment in times of fire emergency. Because of the mechanical sophistication of fire apparatus today, more trained personnel are necessary. RECOMMENDATION Create a temporary one year position of Engineer Trainee with a $500.00 remuneration to come from the hose budget fund. The position will then become permanent the second year with salary from the budgeted payroll . We will also continue the position of Assistant Engineer during the training period , and continue to function with an Engineer and First Assistant after the years apprenticeship is completed. [:::---- lirwt.::•;• • John K. Anderson Page 2 January 14, 1981 1 ALTERNATIVES 1 ) Create a temporary position of Assistant Engineer Trainee at a salary of $500.00 for one year, after which the department will continue to have a Chief Engineer and Assistant. 2) Hire a full time Engineer at a fixed annual salary to continually keep the emergency equipment operational . CONCLUSION We cannot afford to do nothing because the job is a , vital function of our department, and an adequate training period of .a new Engineer is necessary. Also , the number of hcurs necessary to learn the job demands some type of financial guarantee to the trainee. FUJI:plk • (-71kcr MEMO TO : John K. Anderson , City Administrator FROM : Gregg Voxland , Finance Director RE : 1977 SAC Charges Audit DATE : January 12 , 1981 Introduction MWCC is requesting payment for SAC charges that the City failed to collect on building permits for 1973-1977 . Background The City failed to collect or collected the wrong amount for SAC charges for various building permits during 1973-1977 . MWCC determined this during an audit in 1977 . They wrote a letter to the City detailing their findings and expected the City to follow up on it . MWCC has checked into this situation in the fall of each year , being under the impression that the City has been taking some action , which in fact we have not taken . They have again asked for a response to the 1977 audit . We have responded to and are resolving the 1980 audit but have taken no action on the 1977 audit . MWCC is claiming $26 ,433 in principal . They originally claimed $39 ,798 but the Historical Society paid the portion relating to them this past summer . They also maintain they can collect interest and penalties on the $26 ,433 still owed . Staff is still trying to research old records and may be able to get the principal amount reduced to $24 ,057 . From what I was able to determine when research was done on this issue last year, MWCC is due the money and the City was in error . MWCC may be persuaded to forgive interest and penalties if the City takes some action to resolve the issue . Interest and penal- ties add up to approximately $7 ,400.00. I believe MWCC ' s position has been upheld in court . Alternatives 1 . Decline to pay and let MWCC levy against the whole City for the amount due . 2 . Try to collect from the properties involved and the City pay the balance or not pay the balance . 3 . Pay the claim from General Fund . 4. Pay the claim from the Sewer Fund . Recommendation Recommend number four because it perhaps is not the fairest way but it is the most practical and probably the least costly alternative from the standpoint of good business practices and public relations . GV/jms METROPOL1TFfI Will TE "• .0 TROLII " �.. ommiff ion DEC ' December 12, 1980 or'r'r OFS°`!j:KC)f' E _ , - Mr. Gregg M. Voxland, Finance Director -. City of Shakopee 129 E. 1st St. Shakopee, Minnesota 55379 Dear Mr. Voxland: In response to your letter of December 4, 1980 several item still require clarification. The Metropolitan Waste Control Commission SAC Manual specifies "The SAC unit for a facility not included in the above list will be determined by the Metropolitan Waste Control Comm- ission. A request for SAC unit determination must be made prior to the issuance of the building permits. "The following permits need addition- al information. BP4221-Remodel to beauty shop. We need the number of square feet to determine the credit and the number of hair cutting stations to deter- ; mine the charge. BP4353-Remodel to dentist office. Dental offices are charged by fix- ture units. 17 fixture units equal 1 SAC unit. Credit would be given for the square feet previously charged. BP5039 added second story 26' x 42' . 1 ,092 sq. ft. would be charged 1 unit, the minimum charge. BP5121-office-whse. 76' x 60' . 4,560 sq. ft. would be charged 1 unit, the minimum charge. In our letter of November 21st we attached a copy of our letter dated October 25, 1979 which has not been answered. We would appreciate the clarification of the above listed permits and your answer to our letter of October 25, 1979. Sincerely, I Richard L. Berg, Comptroller • cc: Mary Jensen, MWCC Don Bluhm MWCC Phyllis Knudsen, Shakopee 350 MC TRO IOUARE BLDG. 7TH&ROBERT/TREET/ !AIM PAUL mn 55101 612 222.8423 f11ETROPOLJTRI11 UJRf1E 'CQ(1TROL (.Ommi/f1Ofl f - . -„\\\ . October 27, 1977 \ _%_1 \! \ • i Ms. K. Kirkpatrick Deputy Treasurer City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Ms. Kirkpatrick: . This is in reference to our recently completed audit of monthly reserve capacity reports (SAC) for the period, January 1973 through July 1977. Enclosed is a list of building permits for which no SAC remit- tances have been made. The amount due, as indicated on the list, • is $26,700.00, less the 1% administrative charge, or $26,433.00. In addition, our Engineering Department has informed this office that an additional 36 SAC units are due the Commission in that it was discovered that the Minnesota Valley Restoration Project was hooked up to our interceptor and no monies were forwarded by the City of Shakopee. The amount due is as follows: 36 units @ $375 $13,500.00 Less 1% Administrative 135.00 • $13,365.00 Thus, the total amount due the Commission is as follows: Amount due as a result of SAC audit S26,433.00 Amount due for Minnesota Restoration Proj .13,365.00 Total Amount Due $39,798.00 Your prompt report of the above and remittance will be appreciated. If you have any questions, please contact this office. Sincerely yours, 1 Richard L. erg Comptroller RLB:jm 350 mETRO10URRE BLDG. Enclosure 7TH 6ROBERT/TREET1 cc: Rod Graber, MNCC /AM PRUL m(155101 612 222.8423 C., ermit 11. Address Type Units X Unit Charge = Total Charge ' ;anuIry 1973 '971 1174. So. Jefferson S 1 275.00 275.00 l /< 972 1049 Monroe S 1 275.00 275.00 973 . 1088 " S 1 275.00 275.00 974 1150 Jefferson St. . S 1 275.00 275.00 975 1117 II " S 1 275.00 275.00 976 1149 II II S 1 275.00 275.00 977 1142 It It S 1. 275.00 275.00 979 - 1126 II II S 1 275.00 275.00 980 1134 ' S 1 275.00 275.00 981 1141+ S 1 275.00 275.00 982 1118 S 1 275.00 275.00 arch 1973 995 Co. Rd. 17 S 1 275 .00 275.00 996 Lot 10, Blk 2, Deerview Acres S 1 275 .00 275.00 001 1053 Sibley St. S 1 275.00 275.00 :)ril 1973 023 2034 Eaglewood Circle S 1 275.00 275.00 024 R.R. S 1 275 .00 275.00 030 Co. Rd. 89, R.R.# 1 C 1 275.00 275.00 3y 1973 064 Lot 2, Blk 1, Hauer's,lst Add'n.S 1 275.00 275.00 ine 1973 175 Lot 8, Blk 2, Deerview Acres S 1 275.00 275.00 182 Lot 10, Blk 2, " uS 1 275.00 275.00 igust 1973 132 R.R. S 1 275.00 275.00 .139 R.R. S 1 275.00 275.00 aptember 1973 146 1257 Marshall Rd. C 4 275 .00 1,100.00 abruary 1974 229 R.R.2 Co. Rd. 16 S 1 300.00 300.00 pril 1974 274 P.O. Box 344 S 1 300.00 300.00 ay 1974 280 R.R.I/ 1 C 1 300.00 300.00 295 Lot 1, Blk 2, Hauer's 1st Add'n. S 1 300.00 300.00 310 191 Mulberry Circle S 1 300.00 300.00 314 R.R.II 1 S 1 300.00 300.00 315 Lot 4, Park Ridge Dr. S 1 300.00 300.00 ane 1974 326 Lot 5 , Deans Lake 5 1 300.00 300.00 my 1974 338 R.R. S 1 300.00 300.00 emit 1/ Address Type Units X Unit Charge = Total Charge ugust 1974 . 362 R.R. S 1 300.00 300.00 91k_ 373 . R.R. S 1 300.00 300.00 376 R.R.I6 1, Box 1000E. Shakopee S 1 300.00 300.00 eptember 1974 393 R.R. S 1 300.00 300.00 399 ° 406 W. 7th S 1 300.00 300.00 ctober 1974 a 434 Lot 15, Blk 1,Riverview Estates S 1 300.00 300.00 Jvember 1974 447 Lot 14, Blk 1, Riverview " S 1 300.00 300.00 arch 1975 504 Lot 2, Blk 1, Zoschkes Addn. S 1 325.00 325.00 505 Sec.13,Twnp. 115,Range 22 S 1 325.00 325.00 ay 1975 548 Co. Rd. 16 S 1 325.00 325.00 561 Sec.31,Twp.115,R22 S 1 325.00 325.00 une 1975 579 Lots 4 & 5, Sec.15 ,Twp.115,R22 S 1 325.00 325.00 581 R.R.1, Hwy 101 C 2 325.00 750.00 586 R.R.',Tract 25,Maras Addn. S 1 325.00 325.00 589 Sec.13,Twp.115,R22 S 1 325.00 325.00 my 1975 590 R.R.1,Deans Lake S 1 325.00 325.00 I 594 R.R.1,Box 10002,Maras Addn. 1 Tract 6 S 1 325.00 325.00 595 Municipal Services Bldg. C 4 325.00 1,300.00 606 Lot ..1, Blk 2, Eaglewood S 1 325.00 325.00 ugust 1975 622 Address not given S 1 325.00 325.00 eptember 1975 ;641 Sec.14,Twp 115,R.22 S 1 325.00 325.0 643 Covt.Lot 4,Sec.15,Twp. 115,R22 S 1 325.00 325.00 ;659 R.R.1 S 1 325.00 325.00 :ctober 1975 :673 Co.Rd 16 S 1 325.00 325.00 ;677 R.R.IL1 1 1 325.00 325.00 :678 R.R.1 S 1 325.00 325.00 :693 Lot 5,Blk 2,Eaglewood 2nd Addn. S 1 325.00 325.00 t ;ovember 1975 719 Earl Dressen Addn. S 1 325.00 325.00 ;720 " " II S 1 325 .00 325.00 ;725 R.R.#1 C 1 325.00 325.00 ;711 Sec.13,Twp,115,R22 S 1 325.00 325.00 Page -3- erTrit Address _ __ Type Units X Unit Charge = Total Charge fic ecember 1975 736 Tract 3,S.E.4 Sec. 13,Twp. 115 R.22 S 1 325.00 325.00 743 E. 4th Ave. C 1 325.00 325.00 annary 1976 752 Outlot A Montiseto Hgts. S 1 350.00 350.00 ?ril 1976 777 Lot 11, Blk 1, Riverview S 1 350.00 350.00 779 Lot B,Bik 1, Riverview Est. S 1 350.00 350.00 303 Lot 5, Blk 1, " " S 1 350.00 350.00 ane 1976 344 Lot 7, Blk 2, Eaglewood,2nd Addn. S 1 350.00 350.00 347 Maras Tract 15 S 1 350.00 350.00 ' 355 Lot 9, Blk 3 Deerview Acres S 1 350.00 350,00 igust 1976 389 Lot 1, Blk 2, Eaglewood 3rd S 1 350.00 350.00 Ttember 1976 )05 R.R. S 1 350.00 350.00 )26 R.R. S 1 350.00 350.00 )27 130 Norton Drive S 1 350.00 350.00 tnuary 1977 ' )10 R.R.IE1,Box 1078 M 1 300.00 300.00 )ril 1977 )69 1161 Minn. Valley Mall C 1 375.00 375.00• '`: • '.J7( .68 Lions Park C 1 375.00 375.00 , .,,f / TOTAL �� '��°�� $26,700.00 9Z MEMO TO : Mayor and City Council FROM : John K. Anderson RE : Sewage Sludge Disposal Sites DATE : January 16 , 1981 Introduction On January 27 , 1981 the Met Council is holding a public hearing at 7 : 30 p .m. at the Shakopee High School regarding the criteria it proposes to use in selecting a sewage sludge disposal site . The attached material includes two letters from Al Frechette , County Environmental Health Specialist , critiquing Met Council ' s proposed criteria and the MPCA ' s proposed "Rules Governing Sewage Sludge Disposal" . It is quite probable that the final form that these two documents take will largely determine the fate of the 600 acre Scottland Site now owned by the MWCC ! Council should take some position on January 20, 1981 so that it can be officially presented at the January 27 , 1981 hearing. Alternatives 1 . John Leroux is folliwing this closely and has the Met Council ' s and MPCA ' s original proposals . What Council has attached , Al Frechette ' s critiques , could well be the official Shakopee position at the public hearing on the 27th. Please read the material carefully with the intent of formulating a position to be taken on the 27th . Al feels that if his comments were included in the criteria the Scottland Site would not qualify ! 2 . I fully realize the material is technical , the originals are even more so, therefore a second question for Council to consider is , "How deeply do we want/need to get into this?" For example , we could try to have a second "expert" or "knowledgeable" opinion to present along with Al ' s critiques thus reinforcing his statement . If this should be Council ' s preference , then we need to find that "expert" person immediately and get him/her started . If this is your pref- erence please come to Tuesday ' s meeting with some names and/or call me Monday so I can begin checking to see if they are available . We do not have this type of expertise on staff ; therefore , it is essential that we find someone to pursue this or we can only go to the hearing on the 27th to endorse Al Frechette ' s critique (comments) . Tim Keane has a friend with the State Department of Health who is review- ing the material now but we are uncertain just whathe can do for us . 3 . Do nothing but send a representative to the hearing to gain more information and decide then what course of action should be taken . Mayor and City Council d January 16 , 1981 Page 2 Recommendation It is my_ recommendation that we go with alternative #2 if we can find the proper person . This may well mean the expenditure of some staff time and money . If we do not go this route we should at the very least endorse Al Frechette ' s critique (comments) so Shakopee ' s official position can be taken to the hearing on the 27th . JKA/jms v RP • - ® G. tab• M AN L^ 'u tom.^ r** F 1$4 'on • 0 C!rY OF SH{ ire , .. "`"IN C11."‘". { 300 Metro Square.Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-6359 December 29 , 1980 TO : Local Officials and Residents of the Twin Cities Metropolitan Area Enclosed for your information and review is a copy of a preliminary report that contains the criteria the Metropolitan Council proposes to use to select six candidate sites in the Twin Cities Area for the disposal of sewage sludge and sewage ash , grit and screenings . The report also contains estimates of the amount of sewage sludge that will be generated by sewage treatment plants in the • Region in the years ahead . A description of how this estimate was developed is included . The 19.80 State Waste Management Act requires the Council to select at least two sites in the Region for the land disposal of treatment plant waste--one for sludge and one for sewage ash , grit and screenings ( such as sticks or stones ) . The law requires the Council to select six candidate sites that are generally suitable for land disposal by July 1 , 1981 . After tie six candidate sites are chosen , detailed environmental impact statements will be prepared for each location . Then , based on environmental impact assessments , public comments , particularly those of affected communities , and Minnesota Pollution Control Agency permit conditions , the Council will select at least two final sites by October 1982 . The enclosed preliminary report , Choosing Sewa&e Sludge_Disposai Sites : Criteria and Volume , has been prepared to communicate the Council staff ' s current thinking and to stimulate public discussion of the question . The Council will hold three information meetings in late January to hear public reaction to the criteria and sludge tonnage estimates . The schedule of meetings is as follows : - January 27 , 7 : 30 p . m . , Shakopee High School auditorium , 10th and Lewis . - January 28 , 7 : 30 p . m . , Rosemount Middle School , 3135 143rd St . , Rosemount . - January 29 , 7 : 30 p . m . , Coon Rapids City Hall , RR An Agency Createdlt.3 bo 1t�e ii4 R :�ir�1iK Yrcli-DAtWy�lbpment of the Twin Cities Metropolitan Area Comprising: Anoka County a Carver County 0 Dakota County 0 Hennepin County o Ramsey County 0 Scott County 0 Washington County ikz ,i iR 7�(a Ti (l' ze l - M: r t? The, preliminary report has been reviewed by the Council ' s Solid < ' and Hazardous Waste Management Advisory Committee , and by regional and state ginvolved in planning . 8 agenciessewerage Their suggestions have been incorporated into the preliminary report . Following the public meetings ; the Council will adopt a final criteria and volume report prior to selection of the six potential sites . Citizens and local officials will be provided the oppokrtunity on a continuing basis to comment on proposed sludge sites during both preliminary and final site selection processes . The report is the second in a series of site selection reports the Council is making available to the public . The first report , Choosing Sewage Sludge Dis2osal Sites : Why? Where? , contains background information about the need of find disposal sites for sludge and other sewage treatment wastes . Copies of the first report or additional copies of the enclosed criteria and volume report are available at no cost by calling the Council at 291 ,6 +64 . Sincerely , Charles Weaver Chairman Fnc :one CW/ poc r AMA iCOUNTY COURT HOUSE - SHAKOPEE, MN. 55379 (612) 445-7750 �' . Ex3.at>>; 354 .� January 5, 1981 JAN 9 19 81 Mr. Rodney E. Massey, P.E. Chief, Ground Water Section CITY OF SHAKOPEE Division of Water Quality Minnesota Pollution Control Agency 1935 W. County Road B-2 Roseville, Minnesota 55113 Dear Mr. Massey; In accordance with the instructions accompanying the publication of the Minnesota Pollution Control Agency's Proposed Temporary Rules Governing Sewage Sludge Disposal 6.iCAR §4.8050 in the December 8, 1980 State Register, I wish to submit the following comments. I will identify the particular issue of concern, explain my reasons and present my recommendations. Section B. Definitions: Process to further reduce Pathogens (PFRP)-Composting: The definition for composting is more detailed than necessary and incorporates some assumptions about various composting methods which may be inaccurate. For example "Using the static aerated pile composting method, the sewage sludge is maintained at operating conditions of 55° C or greater for three days." In practice, the static aerated pile method does not achieve a uniform temperature throughout. The outside layer of the pile will most likely be only slightly above ambient temperatures, and therefore pathogens will not be significantly reduced in this layer. I recommend that the definition for composting read: Any method of aerobic decomposition in which every portion of the decomposing material reaches a temperature of 55u C or greater for at least 3 days. Section B. Definitions - Sewage sludge disposal facility - a. "Dedicated sewage sludge disposal facility". Any property which is owned by a political subdivision and used for the disposal of sludge should be considered a dedicated site, irregardless of whether or not crops are grown. Political subdivisions do not purchase property to grow crops, and therefore one must assume that such sites are dedicated to sludge disposal , even though the rate or frequency of sludge disposal permits cultivation of crops. Therefore, this definition should read: "Dedicated sewage sludge disposal facility ALLEN J. FRECHETTE _ Environmental Health Specialist Office of Planning & Zoning Scott County Is An Equal Opportunity Employer Page 2 1/2- Mr. Rodney E. Massey January 5, 1981 is any facility that is devoted to and managed for the primary function of sewage sludge storage, composting, or landspreading," or leased, rented or owned by any political subdivision and used for sludge disposal, irregardless of crop production. Section B. Definitions - Water Table. This definition innappropriately excludes perched water tables. Perched water tables may be just as important a source of potable water on a local basis as a regional aquifer. Since the movement of water and the volume of water in perched aquifers often does not provide the same level of safety by dilution as do regional aquifers, they should be at least as much a concern as are regional aquifers. By eliminating perched water table conditions, this definition, when used within these proposed rules, would allow these potential valuable sources of potable water to go unprotected. I recommend omitting the following words from this definition. ". . .with the exception of a perched water table condition which will not be considered as a water table". Section C. 2. b. This statement, would in effect, remove the • • applicability of these rules from non-dedicated facilities. It is obvious that paragraphs F C G were intended to apply to non-dedicated sewage sludge disposal facilities as well as dedicated. The improper disposal of sewage sludge can result in serious problems irregardless of whether or not the site is dedicated or non-dedicated. My recommen- dation is to delete the word dedicated, so it will read: "All persons who own or operate sewage sludge disposal facilities. " Section C. 3. "Permits and letters of approval", is extremely confusing and appears to create a loophole whereby the Metropolitan Waste Control Commission does not have to comply in the same manner as other political subdivisions. The purpose of this section is to identify who should apply for a State Disposal System Permit and who should request a letter of approval and the process for doing so. With this in mind, I recommend rewriting Section 3 as follows: 3. Permits and letters of approval . a. Anyone owning or operating a dedicated* sewage sludge disposal facility shall obtain a State Disposal System Permit. (1 ) Class A Sewage Treatment Systems other than systems under the control of the Metropolitan Waste Control Commission. • (a) If a political subdivision owns the sewage sludge disposal facility, the political subdivision shall be the applicant and permittee. (b) If a person other than a political subdivision owns the dedicated sewage sludge disposal facility, the owner, the operator and the political sub- *This includes all political subdivisions owning, renting or leasing any sewage sludge disposal facility, see my second comment under definitions. Page 3 ft Mr. Rodney E. Massey January 5, 1981 division shall be co-applicants and co-permittees. (2) Metropolitan Waste Control Commission Sewage Treat- ment Systems. { (a) If the Metropolitan Waste Control Commission owns the sewage sludge disposal facility, the Metropolitan Waste Control Commission and the Metropolitan Council shall be co-applicants and co-permittees. (b) If a person other than the Metropolitan Waste Control Commission owns the dedicated sewage sludge disposal facility, the owner, the operator, • and the Metropolitan Waste Control Commission shall be co-applicants. b. A person who owns or operates a non-dedicated sewage sludge disposal facility shall obtain a Letter of Approval pursuant to this rule, for each sludge application. c. Applicants required to obtain a State Disposal System Permit under C 3 a must submit applications within 60 days of the effective date of this rule if the facility was in use prior to these rules, to obtain a permit for continued use. Section D 5 c. The required information for applications for compo sing or continuous storage sewage sludge disposal facilities should :include ground water monitoring. The concern for the locations of and distances to nursing homes and hospitals within % mile is understandable, but not completely justifiable. Not all high risk individuals are institutionalized. My recommendation is to identify all places of habitation, business or recreational areas and potable water supply wells within % mile. The wells within % mile should be monitored for nitrates and heavy metals. Section F 6 a, and b. Seperation distances between the soil urface and water table and/or bedrock should be increased to protect ground water from the soluble contaminants in the sludge. This is especially a concern for dedicated sites. The distances suggested are equal to those seperation distances recommended for on-site sewage treatment systems. ' The problem with this analogy is that septic tank effluent is not in anyway comparable to municipal sludge. Furthermore the existance of a water table at 3 feet and the existance of fractured bedrock at 3 feet are in no equal concerns. A water table can exist in extremely tight soils and a water table 3 feet below the surface in a deep clay type soil is significantly safer for a sludge Page 4 Mr. Rodney E. Massey /IL January 5, 1981 disposal facility than a fractured bedrock aquifer located 3 feet below any type of soil. The ability of contamination to travel unattenuated in the bedrock is the primary reason for this difference. Therefore I recommend Section F 6 a and b to be rewritten as follows: a. For non dedicated sludge disposal facilities, at least 6 feet of fine textured soils, 12 feet of medium textured soils and 25 feet of coarse textured soils shall exist between the soil surface and the water table except that the distance between the soil surface and the surface of a fractured bedrock quifer shall be 50 feet*, unless it can be determined that there is no potential for contamination of an aquifer as in ground water discharge zones or where an impervious layer exists within the soil profile. b. For dedicated sludge disposal facilities, at least 50 feet of fine or medium textured soils shall exisf—between tEe soil surface and the water table or• a fractured bedrock aquifer, unless it can be determined that there is no • potential for contamination of an aquifer, as in ground water discharge zones, or an impervious layer exists in the soil profile. Section F 6 d. The distance from a dedicated sludge disposal facility to a place of habitation or business should be farther than for non dedicated facilities. My recommendation is to insert (1000 feet for a dedicated facility) after the words . . . "500 feet . . ."and before the words ". . .from any place". Section F 7 d. Sewage sludge which is stockpiled should be underlain by an impervious material . Absorbent materials should not be used as it is impossible to anticipate how much liquid will have to be absorbed. The two materials recommended, wood chips and straw are not very absorbent anyway. My recommendation is to strike the words ". . .or absorbent. . ." and ". . .straw or woodchips. . ." and insert the word "or" between limestone and plastic. Section F 7e. The recommended minimum distance of 6 feet between the soil surface and a water table where sewage sludge is stockpiled may not be sufficient protection in every situation. My recommendation is to rephrase this section as follows: The minimum distance between the soil surface and the water table should be determined using the same considerations as in (my reommended) F 6 b. • Section G 1 b. This section establishes the distance a sewage sludge composting facility should be located from any hospital or nursing home. Again, this presupposes that only individuals who are institutionalized are susceptible to potential harm from such a facility. *Distance based on MND 220 (h) (1) . Page 5 Mr. Rodney E. Massey January 5, 1981 This is a dangerous and unprecedented assumption. My recommendation is to expand this concern to include any place of habitation, business or recreational area. Section I . Variance. The phrase "In any cases where upon application of the responsible person or persons, the agency finds that. . , disposal of sewage sludge is necessary for the public health, safety or welfare, . . . the agency in its discretion may permit a variance therefrom. . . : This phrase could be used in every application to request a variance. The purpose of these rules is to ensure that public health is protected. How then can the public health be protected by relaxing these rules? I can understand what was intended to be stated here, and I would recommend that the underlined phrase be restated thusly: . . . the proposed disposal method or site is the best of all available alternatives in relation to the public health, safety or welfare. . . In summary, you can see that all of my recommendations are intended to increase the level of precaution from those proposed. It appears from the proposed safeguards that the agency considers municipal sewage sludge no more of a threat to ground water than septic tank effluent from private on-site sewage systems, at least as far as ground water is concerned. It is also evident that hydrogeology is not very well understood by the agency. For example, the term water table is used in places where the term aquifer should be used. The exclusion of perched water tables incorrectly assumes that they never serve as aquifers. Placing the same level of precaution on water tables and fractured bedrock is further evidence of the lack of understanding of hydrogeology. The similarity of concerns is drastically different. My recommendations make the distinction between water tables and aquifers, between aquifers in unconsolidated materials and fractured bedrock. Unlike the proposed rules, I assume that ground water concerns for disposal of municipal sewage sludge are significantly different from those for on-site sewage system septic tank effluent. The differences between these two substances justifies my recommendations. The 50 foot seperation distance from ground surface to top of a fractured bedrock aquifer that I have recommended, is based on Minnesota Department of Health 's rules which are intended to ensure that wells drawing water from fractured bedrock aquifers are adequately protected. My personal experiences with contaminated wells in such a fractured bedrcok aquifer indicates that this is not an overly protective safe seperation distance. I would be glad to discuss any of these issues with you further. I 'm sorry that I couldn't provide you with my comments within the 20 day review period for the temporary rules. T therefore request that Page 6 Mr. Rodney E. Massey January 5, 1981 these comments be entered into the public record for consideration before. final adoption of these rules. I will be glad to present my comments at the public hearing. Please place me on the mailing list for hearing notification. Sincerely, l 1." ,b th„, Allen Frechette AF:cs cc: Tom Rees, Rep. Scott County John Malinka, Director, Science C Technology Project Matt Walton, MGS, Director Edwin Ross, MDH, Director, Ground Water Division Jack Frost, Metropolitan County, Env. Planning John Anderson, Shakopee Administrator JAAJE it COUNTY COURT HOUSE - SHAKOPEE, MN. 55379 (612) 445-7750 EXT.i7t 354 January 5, 1981 Mr. Charles Weaver Chairman Metrdpolitan Council Suite 300 Metropolitan Square Building 7th and Robert Streets St. Paul, MN 55440 Dear Mr. Weaver; The following comments relate to Metropolitan Council 's Staff Preliminary Report, December 1980, Choosing Sewage Sludge Disposal Sites: Criteria and Volume Report Number 2. Most of my comments relate to the site screening criteria, environmental factors, and are primarily intended to increase the level of precaution being recommended. I will explain the • reasons for my concerns and make positive recommendations. I have submi,tted similar comments to the Minnesota Pollution Control Agency in response to their Proposed Sewage Sludge Disposal Rules. I 've provided Mr. Frost on your staff, copies of these comments as well. Page 5 & 6, Step 1 Initial Screening (For landfill disposal sites) : The column headings "Desirable" and "Less Desirable" are ambiguous. One could assume that these differences could be overlooked on various criteria. This might be appropriate for policy oriented criteria, but not for criteria intended to protect the public health. I recommend the use of the terms "acceptable" and "not acceptable" for headings. Page 5 C Geology "Bedrock acquifer formations covered by at least 10 meters of unconsolidated material" and "Fractured limestone or dolomites with overburden at least 10 meters of low permeable materials (less than 10-4 cm/sec) ." The distance of 10 meters is unprecendented. This level of precaution is less than I feel is adequate to protect major portions of Scott County from contamination of a very large bedrock aquifer. The Minnesota Department of Health, in MHD 220 (h) (1) recommends a separation of 50 feet over fractured bedrock aquifers before they can be considered a safe source of potable water. To be consistent with this pre-existing state law and to provide a sufficient level of protection to these valuable aquifers, I recommend substituting the distance of 50 feet for 100 meters. ALLEN J. FRECHETTE Environmental Health Specialist Office of Planning & Zoning Scott County Is An Equal Opportunity Employer . Page 2 Mr. Charles Weaver January 5, 1981 Page 6 D. Groundwater "Directions of ground water towards areas of extensive current or future usage." This is obviously a trans- cription error. I would recommend the following rephrasing: Direction of ground water flow away from areas of current or future usage. Page 9, 4. "Landspreading of Sludge at Agronomic Rates". 1./his ,report, and these criteria, are intended to be used to identify sites for sludge disposal and for purchase by the Metropolitan Waste Control Commission. The only reason these sites are being identified 1 is to dispose of excess sewage sludge, and not provide an additional I source of income to the MWCC, ie. farming. Once purchased, these sites should be capable of being utilized for 20 years to dispose of sludge. The continuous use of such a site for the purpose of disposing sludge and not necessarily for improving the soils for crop production is entirely different from private farmland which may accept sludge infrequently, and only to the extent that it is beneficial to the soil and crops grown. It is because of this immense difference, due not only to the intended use of the land but also to the frequency and total volume of sludge which can be expected to be spread on MWCC owned sites, that I feel making a distinction between dedicated sites and agronomic sites is inappropriate. There is no way that all of the possible contaminants in municipal sludge can be tested for and then used to identify spreading rates which are safe.._ Therefore, any site used for the disposal of sludge, should be carefully selected. A site which will be purchased by the MWCC must be even more carefully selected. I see no justifiable reason for two sets of criteria. I think the criteria proposed (modified by my recommendations) on pages 5-8 should be used for all sites to be purchased by the MWCC. I see no justification for lessening the level of precaution for sludge spread at agronomic rates on MWCC owned land. The criteria on pages 10-12, (besides being inappropriately diffO,rent from those on pages 5-8 from an environmental standpoint) are so loosely worded, that any site would be acceptable. For example, the column headings, Preferable and Suitable are even more ambiguous than Desirable and Less Desirable. In most instances, the exact oppositely worded criteria from the preferable column is suitable. This is ridiculous! Why have criteria at all ! My recommendation is to omit pages 9-12 and utilize the one set of criteria listed on pages 5-8 for all siting efforts. On page 4 of the report, Council staff stated that landspreading of sludge at dedicated sites (landfilling) was not as preferable as spreading at agronomic rates. I thoroughly agree with this statement. Unfortunately, the approach the Metropolitan Council and the Waste Control Commission is proposing is overly simplified and inappropriate. The best use of sewage sludge appears at present to be landspreading at rates to improve soils and crop production. The best approach is for the Metropolitan Council and MWCC to sell this idea to farmers, foresters, commercial nursuries etc, not to buy land and compete with them. The only way sludge is going to appear attractive to farmers Page 3 Mr. 'Charles Weaver 1 January 6, 1981 and others, is if the hazardous wastes are removed, and the MWCC transports it, spreads it and assists with site approval applications and follow—up monitoring. Unfortunately, neither the MWCC nor the Metropolitan Council appear to be committed to a program to even remdve the estimated 10-12 million gallons of hazardous wastes going into the metropolitan area sewers annually. Until this is done, it is going to be very difficult to convince anyone that the benefits of landspreading sludge on farmland outweigh the risks. Sincerely, - v.. .& Allen Frechette AF:cs cc: Tom Rees, Rep. Scott County John M-alinka, Director, Science C Technology Project Matt Walton, MGS, Director • • Edwin Ross, MDH, Driector, Ground Water Division Jack Frost, Metropolitan County, Env. Planning 'John Anderson, Shakopee Administrator • +' • MEMO TO: John K . Anderson , City Administrator FROM : Gregg Voxland , Finance Director RE : Abatement of Assessment DATE : January 14 , 1981 The 1980 tax statement prepared by the County for parcel # 27-069-0000-006-00 (Horizon Heights ) had the assessment for code 44 duplicated . According to state law , the County cannot correct this error without first having the approval of the City Council . Request Council to pass a motion to approve the abatement of code 44 assessments against parcel # 27-069-0000-006-00 in the total amount of $431 .42 for the payable 1980 tax statement . The minutes can then serve as documentation for the County . GV/jms • MEMO TO: John K. Anderson , City Administrator FROM: Gregg Voxland , Finance Director RE : Interfund Transfers DATE : January 8 , 1981 Request Council approve the following interfund transfers as provided for in the 1980 budgets . 1 . From Revenue Sharing Fund to General Fund Fire Department Yarusso Mfg. (tank) $7 ,160.00 2 . From Capital Equipment Revolving Fund to General Fund Fire Department Weber & Troseth (smoke extractor) $ 248 . 50 Weber & Troseth (rope) 340.00 Motorola (pager) 240.00 Weber & Troseth (basket stretcher) 166 .00 S 994. 50 GV/jms 11Q, MEMO TO : Mayor and City Council FROM : John K. Anderson , City Administrator RE : Status of Police Labor Negotiation DATE : January 16 , 1981 Introduction At the January 6 , 1981 City Council meeting , I reviewed the status of the City ' s Police Labor Negotiations to obtain some general direction (parameters) from City Council . We have had a negotiat- ing session since that meeting and the police should be voting on a proposed package January 19 , 1981 totaling , with benefits , approx- imately 9 . 9% for 1981 and 9 .4% for 1982 . I will convey the results of that vote to Council at Tuesday ' s meeting . Proposal Now On The Table Present 1981 1982 1 . Salary Top Patrol $1782/mo . 9% = $1942/mo . 97 = S2117/mo . 2 . Longevity Year 6 - 20 Year 6 - 35 Year 6 - 45 11 - 40 11 - 55 11 - 65 16 - 60 16 - 75 16 - 85 20 - 60 20 - 95 20 -105 3 . Detective $75 $85 $85 4 . Severence Pay After Probation After 5 years After 5 years 5 . Health & Life $103 equaling 83% 83% of 83% of of premium premium premium 6 . Uniform $278 lump sum $306 . 36* Depends on with CPI CPI* 7 . Holidays 11 with 6 paid at 11 with any 11 with any paid 2-1 /2 time if paid 2-1 /2 at 2-1/2 time if worked time if worked worked Includes detectives that were 1 /2 lump sum and 1 /2 voucher in 1980 . Comparative Contract Information The City of Shakopee has settled with all groups except the Police for 1981 . The Public Works Exmployees received a 9% salary increase with a $10 increase ($85/mo . to $95/mo . ) in their health and life insurance package for 1981 (2nd year of a 2 year agreement) ; and , non-union employees received a 9% minimum increase with numerous Mayor and City Council January 16 , 1981 Page 2 increases of 10, 11 and 12% and some even in the 14 to 15% range . (Some of these reflected job status changes) . The proposed police package for 1981 for wages and benefits of 9 . 9% (9 .4% for 1982) appears consistant with these prior settlements (adjustments to the non-union $75/mo . health and life insurance employer contribution have not been made) . The 9 . 9% for ' 81 and 9 .4% for ' 82 compare with MAMA ' s current proposal for wages (they haven ' t settled) of 10% for ' 81 and 9% for ' 82 . Bloomington , Hopkins , Minnetonka and Plymouth have settled for 1981 with a 10% wage package and Hastings and Lake- ville with a 9% wage package . Thus our package appears to be consistant with the police settlements now coming in from other metro area communities . Recommendation If the union agrees with the package offered I recommend Council instruct City staff to draft the 1981-82 contract for its February 3 , 1981 meeting. If the union does not agree , I recommend that the City initiate mediation and that we take a hard line . At this point this is still just an "offer" , and should be kept confident . If the police vote to accept it on January 19 , 1981 it could become a tentative agreement if Council accepts it on January 20, 1981 . After Council action , we can discuss it as a "tentative agreement" with the press if they want the informa- tion . JKA/jms