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HomeMy WebLinkAbout02/03/1981 f : t MEMO TO; Mayor and City Council FROM: John K. Anderson , City Administrator RE : Non-agenda Informational Items DATE : January 29 , 1981 1 . Attached is a copy of the Revenue Report for the period ending December 31 , 1980. 2 . Attached is a copy of the Fuel Disbursement for 1980. 3 . The Deputy Auditor for Scott County has informed Larry that the unofficial City wide assessed value is $66 ,240,251 . Please note the tentative mill levy for this year (92 mills) on the attached two year Residential Study of Aggregate Ratios . 4 . Attached is a copy of the District Court Summons regarding the January 1980 accident on Eagle Creek Town Hall premises . Jack Collar is handling this with our insurance company . 5 . Attached is an update on the Metropolitan 911 . 6 . Attached is a copy of the new Administrative Procedure (checklist) for Improvement Projects . 7 . Attached is a copy of the minutes of the January 22 , 1981 Shakopee Police Commission meeting. 8 . Attached is a copy of a letter from the Met Council notifying us of a rescheduling of their review of our Comp Plan revision to February 19 , 1981 . 9`. Attached is a copy of Rod Krass ' letter to Tom Hay regarding the K-mart Tax Increment Project . It provides an update showing where we are in the expenditure of the K-mart increment of $1 . 82 million. 10. I know several council members feel it would be better to resolve the LeRoy Houser vacation issue strictly at the administrative level . I wish it could be handled satis- factorily that way , however, after working on the issue for several weeks I feel that there is a number of issues involved that are of a policy nature . I have therefore put the item at the end of the formal agenda . Gregg, LeRoy and I have gone over it at length and although there is not total agree- ment (as noted in the agenda memo) we will not be uncomfortable discussing the matter. 11 . The attached letter of transmittal does not mean the I & I analysis will get .off the ground right away because the contract is tied to the grant application , to be made by the consultant , and availability of grant funds . Mayor and City Council January 29 , 1981 Page 2 12 . Gerhardt Schmidt , a local retired master plumber, will be hired on contract basis of $18 per inspection by LeRoy February 16 , 1981 . Mr. Schmidt will only be used as needed and will focus on heavy industrial . Part time inspection work is budgeted for 1981 . 13 . Attached is a copy of the Planning Commission Actions of January 22 , 1981 . 14. Walt feels that Council may be presented with a problem regarding the Ice Arena Tuesday night . I have attached a copy of the resolution and lease for your information should the subject come up . 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LA 0 W I • • • TJ ..a, a, a 1,4n -.a W • • N}J - ' } J ' iJV � aI�O l } •JN_ V \ 2 2 YEAR RESIDENTIAL STUDY 7-78 thru 6-80 JURISDICTION AGGREGATE RATIO 1 . Blakeley 53 2 . Savage 85 3 . Louisville 87 4. Belle Plaine 88 5 . Sand Creek 88 6. Helena 89 7 . New Prague 90 8. Prior Lake 91 9 . Shakopee 93 10. New Market Twp . 94 11 . Cedar Lake 96 12 . Credit River 96 13 . Spring Lake 96 14 . Belle Plaine City 96 15 . Jackson Twp . 99 16. New Market City 100 17 . St. Lawrence Twp . 101 18 . Jordan 101 19 . Elko 106 MEAN 92 .05 MEDIAN 94 MODE 96 1- Ai&; (10 8/4-eky 1-/i& Neli 9 ` 2 , jehfcc �ye� /7?d 41/Y f� 16";dl This -�` Pref ire it r t *- O rtie /. • CC.)) ay) J1))-"V STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT Butler Garrison and Barbara Garrison, husband and wife, Plaintiffs , vs . SUMMONS Scott-Carver Economic Council, a Minnesota non-profit corpor- ation, and the City of Shakopee, Defendants . THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS : YOU ARE HEREBY SUMMONED and required to serve upon the plaintiffs ' attorneys an Answer to the Complaint which is here- with served upon you within twenty (20) days after service of this Summons upon you, exclusive of the date of such service. If you fail to do so, judgment by default will be taken against you for the relief prayed for in the Complaint. RONALD J. WERNER Attorney forCPlaintiffs 15612 Highway 7, Suite 243 Minnetonka, Minnesota 55343 935-9002 • 61 / DALE W. SHELDON Attorney for Plaintiffs 15612 Highway 7, Suite 243 Minnetonka, Minnesota 55343 935-9002 JAN 15 1981 OP = -KopEE ct7t //,'/4 gA4 16, +et, 1� cQ STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT Butler Garrison and Barbara Garrison, husband and wife, Plaintiffs , vs . COMPLAINT Scott-Carver Economic Council, a Minnesota non-profit corporation, and The City of Shakopee, Defendants . Plaintiffs, for their separate and joint causes of action against the aforementioned defendants , state and allege : I . That on or about January 18, 1980 , plaintiff, Barbara Garrison, did slip and fall on the premises of the Eagle Creek Town Hall located at 1525 County Road 83 , in the City of Shakopee, County of Scott, State of Minnesota, and that said plaintiff, Barbara Garrison, did sustain serious and permanent injuries as a result of hazardous and icy conditions existing on the sidewalk and/or parking lot in front of the said Eagle Creek Town Hall and that said dangerous and hazardous conditions occurred due to the careless , negligent, unlawful failure of the said defendants or each of them. That due to the lack of reasonable maintenance and inspection of the parking lot and the sidewalk in front of the said Eagle Creek Town Hall the defendants , and each of them, negligently, carelessly and unlawfully allowed such an unreasonable hazard and danger to occur unreasonably exposing public invitees , employees, tenants , and guests invited to and having such access to the premises to be so hazardously exposed. II . That the said premises at Eagle Creek Town Hall located at 1525 County Road 83, in the City of Shakopee, State of Minnesota, appear to be under the joint ownership, supervision, control and -1- S ,c tfr ip 4 direction of both of the aforesaid defendants . That your plain- tiffs believe that there was a Cooperative Agreement for Utili- zation of Eagle Creek Town Hall entered into on or about July 24 , 1979, between the defendants and that either one or both of the said defendants are legally responsible for the care, inspection, maintenance, and operation of the sidewalk, the parking lot and all public access leading to and within the premises of the said Eagle Creek Town Hall . III . That said conduct by defendants , and each of them, was careless , negligent and unlawful in one or more of the following ways and in other ways : 1 . Failed and neglected to maintain a proper look- out, inspection and monitoring of the sidewalk and parking lot of the aforesaid premises . 2 . Failed and neglected to provide for a regular program of maintenance and sanding and snow and ice removal in accordance with the weather con- ditions as provided by statutes , ordinances and the common law. 3. Failed and neglected to evaluate the design and structure of the aforesaid sidewalk and parking area to minimize the hazards of icy and slippery conditions in inclimate weather. IV. That as a direct and proximate result of the said conduct of defendants, plaintiff, Barbara Garrison , has sustained perma- nent disabling injury and scarring from a broken ankle necessi- tating extensive surgery and implacement of metallic orthopedic devices , and other injuries ; has resultant loss of use and exten- sive epidermal scarring, has incurred medical expenses of approxi- mately Four Thousand and No/100 ($4 , 000 . 00) Dollars, will sustain future medical expenses , has suffered and will suffer lost wages and reduced earning potential in an undetermined amount, may -2- KTV require vocational rehabilitation to become employable to provide tom: for her own needs , has sustained emotional and psychological damages , has sustained pain and suffering, loss of consortium, and a substantially reduced ability to participate in activities of every day living caused by defendants , and each of them, all to plaintiff' s special and general damages . V. That as a direct and proximate result of defendants ' conduct, and each of them, plaintiff Butler Garrison, husband of plaintiff, has sustained medical expenses , liability for future medical expenses , emotional harm, pain and suffering , loss of consortium, has had to provide for his wife ' s emotional and physical care, and has incurred monetary expenses to support the said plaintiff, Barbara Garrison, all to his special and general damages . VI . That plaintiffs have complied with the requirements of M. S .A. 466 . 05 by timely commencement of this action after proper notice of claim upon defendants was made. WHEREFORE, plaintiff, Barbara Garrison, demands judgment against defendants , and each of them, for an amount in excess of Fifty Thousand and No/100 ($50 , 000 . 00) Dollars and plaintiff, Butler Garrison, demands judgment against defendants , and each of them, in the amount of Fifty Thousand and No/100 ($50 , 000 . 00) Dollars , and for their costs and disbursements herein. I RONALD J. WERNER Attorney for Plaintiffs 15612 Highway 7, Suite 243 Minnetonka , Minnesota 55343 935-9002 Lae, DALE W. SHELDO11 Attorney for Plaintiffs 15612 Highway 7, Suite 243 Minnetonka , Minnesota 55343 935-9002 -3- METROPOLITAN 911 NEWS Published by the Metropolitan 911 Telephone Board LeRoy H.Johnson,Chairman 4r'¢N'^ William Koniarski, Vice Chairman 4 s '.x 4h Wesley R.Scheel,Secretary-Treasurer MANN 1 4 1981 CONTRACT SIGNED: 911 IMPLEMENTATION BEGINS CITY.Y OF S AK PEE Seven years of careful planning reached fruition at 4:00 p.m. on December 16, 1980. Metropolitan 911 Telephone Board Chairman LeRoy Johnson (Anoka County) and Treasurer Wesley Scheel (Washington County) signed a contract with Northwestern Bell Telephone Company and the State of Minnesota for the delivery of the 911 emergency telephone service on or before December 15, 1982. Among the many people attending the signing ceremony at the State Capitol were Charles Weaver, chairman of the Metropolitan Council which has coordinated 911 planning in the Seven County Metropolitan Area; Ron Vegemast, the engineer who wrote the specifications for the Metropolitan 911 Telephone System; Senator Robert Schmitz and Representative Tad Jude, two of the co-authors of the 911 legislation; Department of Administration Commissioner James Hiniker, Jr., who signed the contract on behalf of the State of Minnesota; Assistant Commissioner Jim Pederson, Minnesota Department of Public Safety; members of the 911 Technical Operating Committee and the Metropolitan 911 Telephone Board; Gene Bier, vice president of Northwestern Bell; and other representatives of Northwestern Bell and the telephone industry. Minneapolis Police Chief Anthony Bouza, a strong supporter of 911, called the contract signing a "historic occasion." Contracts will be signed within the next few weeks with the five independent telephone companies for their share of the system and in January agreements will be signed with the Public Safety Answering Points for the equipment necessary to receive the 911 calls. Implementation planning continues, with meetings of the counties' planning committees scheduled in January (see article on meetings), continued involvement of the Metropolitan 911 Telephone Board, the Technical Operating Committee and staff. For details of the work scKedule, contact Roanne Ehrlich, local planning coordinator, (612) 291-6506. NHTSA GRANT APPROVED A grant funding 20 percent of the 911 installation costs has been approved. The funds are from a block grant to the Minnesota Department of Public Safety from the National Highway Traffic Safety Administration (NHTSA). The grant money will be given in 1982 to reimburse the cost of the 911 system up to a maximum of 5500,000. The counties have agreed to pay the cost for the balance of the network installation while the municipalities operating Public Safety Answering Points (PSAP) will pay for their own equipment. Exceptions to this are Dakota and Washington Counties, which are also paying the cost for installation of PSAP equipment. 911 DISPLAY A SUCCESS The 911 display in Town Square, St. Paul, and the Minnesota Federal Skyway, Minneapolis, in October was "successful" in informing the public about 911 and what it would mean to the Metropolitan Area, said Roanne Ehrlich, 911 local planning coordinator. The display, sponsored by Northwestern Bell and the Metropolitan 911 Telephone Board, included a brief description of the Enhanced 911 System, which will be installed in the Twin Cities Metropolitan Area in 1982. During the two weeks of the exhibit, Ehrlich and Dick Moon of Northwestern Bell answered r questions from the public. The most frequent question was why it takes so long to get the system. Most people were "amazed to learn of the complexities" of the selective routing and automatic location identification features, Ehrlich said. No one objected to the idea of a single universal emergency telephone number; in fact, the concept was not new to anyone. Many people had either heard about 911 or had visited cities where it is already in use. People working for Public Safety Answering Points expressed some disappointment that there was no actual equipment to see. Northwestern Bell is looking at the possibility of having 911.equipment on display at the Association of Police Communication Officials (APCO) convention in April. NEW TOC MEMBERS Two persons have been appointed to the 911 Technical Operating Committee (TOC) from Hennepin and Washington Counties. Replacing Dale Folstad from Hennepin County is Harry Hillegas from the county communications department. Mike Halpern of the Cottage Grove Police Department is Washington County's replacement for Fred Gibson. Both Hillegas and Halpern have been involved in the local 911 planning committees for some time. CHAIRMAN JOHNSON RETIRES Commissioner LeRoy Johnson, chairman of the Metropolitan 911 Telephone Board, decided not to seek re-election to the Anoka County Board this fall. Chairman Johnson has served the Metropolitan Area as well as Anoka County on various committees over the years. He chaired the Anoka County 911 Planning Committee, served on the state Commission on 911 Financing and has chaired the Metropolitan 911 Telephone Board since its inception. Chairman Johnson has promised to keep in touch from his winter home in Florida and to continue his involvement in the 911 implementation project when asked. LOCAL COMMITTEE MEETINGS SCHEDULED Data personnel from Northwestern Bell's Omaha headquarters will be in the Metropolitan Area during the week of January 12 to meet with local planning committees to discuss the format and needs for the address routing grid and automatic location identification. Meetings will be held in each of the seven counties, as follows: January 12 10 a.m. Scott County 7 p.m. Washington County January 1 3 p.m. Carver County January 14 10 a.m. Hennepin County January 15 1 p.m. Dakota County 7:30 p.m. Anoka County January 16 10 a.m. Ramsey County For additional information, including location, contact Roanne Ehrlich at 291-6506. ADDRESS ROUTING GRID UNDER WAY In order for 911 calls to be routed to the appropriate Public Safety Answering Point, it is necessary to develop a data base of street names and address ranges for each community in the Metropolitan Area 911 telephone system. All counties have begun this task; Dakota leads the way with only two municipalities remaining to be completed. Ramsey County is close to one-quarter completed and Washington and Anoka Counties are nearly done. Hennepin County's addresses are on computer and with some reprogramming should be available in January. Scott and Carver Counties have begun the task of addressing the rural area and townships; the municipalities are working on their lists. Unless problems develop, most of the address lists should be ready to go on computer by mid-February. Municipalities and counties need to make sure that, once lists are submitted for the address routing grid, they are updated whenever streets are added, vacated or changed. Without an accurate address list the emergency calls may be misdirected and delayed. 7 a LZ:T.t'4d," s_ L. . SF(AKOPEE POLICE COMMISSION Minutes of Meeting of January 22, 1981 1 . Members present: Commissioners Stan VonBokern; Stan Dircks and Virgil Mears. i 2. Approve minutes of the previous meeting. Dircks/VonBokern. 3. The commission received a request from Patrolman Gary Nosbusch for a six month leave-of-absence for the purpose of traveling and writing --the leave to be from Sept . 1, 1981 through February 28, 1982. Patrolman Nosbusch appeared and discussed his request. 4. Chief Brownell expressed disapproval of the request .indicating this would work a hardship on other officers in the areas of time off, extra duty, etc. Commissioner VonBokern indicated that the leave-of-absence provision was placed in the civil service rules primarily for officers who wished to go back to _ school . c/S. A general discussion of the request was held. Several alternatives were explored, some to be looked at in detail later. ‘../6. Motion to table this request until February 4 , 1981 . Mears/ Dircks. (Meeting at 7:00 p.m.) L"7. It was recommended that we approach the mayor on the matter of additional personnel . 8. Motion to adjourn. Dircks/VonBokern. VIRGIL S. MEARS • Secretary 1ovitao e 1$‘ _,_..".e.11ia kw Qom, 4.c' 5 1 'IN C1'0‘. 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-6359 January 23, 1981 Tim Keane, Planner City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: Shakopee Comprehensive Plan Metropolitan Council File No. 8375-2 Dear Mr. Keane: This is to confirm our telephone conversation today re- garding the need to reschedule the time for consideration of the Shakopee Plan before the Physical Development Committee (PDC) . Due to the late submittal of the City response, and especially due to the heavy load of other plan reviews at this time, it is necessary to revise the date of PDC review to February 19, 1981. The final Council review will be February 26 , 1981. I am glad that the City understands the importance of devoting sufficient time to the Shakopee review. We appreciate your cooperation. Since ely, 7 \A0\ Iffer% .1, ,, ___-/Z,,,,<._ w N. 2 L VO J es Schoettler Cnyr, `Principal Reviewer &X/Illi;_C ; rr 1.::'� (/ ,Y,h,;uPT, ` JS:dk cy 100 cc: James Daly, Metropolitan Council District No. 16 ,0 An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County 0 Carver County 0 Dakota County 0 Hennepin County 0 Ramsey County 0 Scott County 0 Washington County MEMORANDUM TO: Phillip R. Krass FROM: Thomas S. Hay RE: Redevelopment of Block 57 Original Shakopee Plat i DATE: January 23 , 1981 The purpose of this Memorandum is to outline a suggested plan for the redevelopment of Block 57 , Original Shakopee Plat and possibly some of the adjacent property , to provide for the short range and long range needs of the area for additional parking and office facilities . These needs are specified in John Anderson ' s Memorandum dated December 8 , 1980 . The outline of the suggested plan follows : 1 . The City should encourage the St . Francis Hospital and the County to continue their efforts to purchase all of the parcels in Block 57 owned by others , and to demolish or remove the buildings located thereon . The property acquired and cleared should be graded and used for parking . 2 . The HRA should proceed immediately with the preparation of a Redevelopment and Financing Plan (the Plan) for a Redevelopment Project (the Project) including Block 57 , the streets adjacent thereto, and possibly the south half of the block located across 4th Avenue to the North, providing for the redevelopment of the property in stages . When it is completed the HRA should transmit the Plan to the Planning Commission and to the City Council which would call a public hearing thereon pursuant to Minnesota Statutes , Section 462 . 51 . Prior to the hearing the Plan would have to be presented to the County Board and the School Board in accordance with Minnesota Statutes , Section 273 . 74 . The contents of the Plan would have to meet the requirements of Sections 462 . 521 and 273 . 74 . After the hearing the Council would adopt a resolution making the findings required by Section 462 . 521 and Chapter 273 and approving the Project and Plan. The designation of the property as a redevelopment project under Section 462 . 521 would require the City Council to make the following 'findings : (1) the land in the project area would not be made available for redevelopment without the financial aid to be sought; (2) the redevelopment plans for the redevelopment areas in the locality will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the redevelopment of such areas by private enterprise; and ( 3) the redevelopment plan conforms to a MEMORANDUM Page Two January 23 , 1981 general plan for the development of the locality as a whole . If it is determined that these findings cannot be made, the City Council should instead hold the hearing under and establish the area as an economic development district pursuant to Minnesota Statutes , Chapter 472A. For purposes of this Memorandum I have assumed that the project will qualify as a redevelopment project under Chapter 462 . 3 . After the Project and Plan are approved the HRA should request the County Auditor to certify to it the Original Assessed Value of all property in the Project area . The assessed value so certified will be the January 2 , 1980 value if the request for certification is made prior to finali- zation of the January 2 , 1982 valuation . Under Section 273 . 76 the County Auditor is directed , after adoption of the Plan and upon request by the HRA, to certify the Original Assessed Value and to certify in each year thereafter the amount by which the Original Assessed Value has increased or decreased as a result of a change in the tax-exempt status of the property. See discussion in paragraph 7 . 4 . The redevelopment portion of the Plan would prov 'i'de for the acquisition by purchase or condemnation of all property and property rights in the Project by the HRA. If a public street is to be used for redevelopment it should be vacated prior to acquisition and then acquired . The HRA would pay to the Hospital and the County for the parcels acquired from them, their full costs of acquisition and clearing . The Plan would also provide for the redevelopment of Block 57 . This redevelopment may consist of two phases , the first being the development as a City owned no-fee parking lot (hereinafter Phase I) and the second being development as office (medical , legal or other) facilities , a City owned, no-fee parking ramp, and related amenities (hereinafter Phase II) ; or may consist of a single phase comprising the second phase described above (hereinafter Phase IA) if a developer can be found for the office facilities before the Plan is adopted. 5 . The financing portion of the Plan would provide for the financing of Phases I and II of the redevelopment as follows : (a) The cost of Phase I is estimated in Bo Spur.rier ' s Memorandum dated December 8 , 1980 as follows : MEMORANDUM . • Page Three January 23, 1981 Land Acquisition and Relocation _ $374 , 500 Parking Lot Construction 178 , 100 Off-site Storm Sewer 104 , 100 $661 , 700 I question whether, in view of the probability that Phase II redevelopment may occur within the next year or two, the parking lot should be surfaced in a permanent way as part of Phase I . If a temporary "surface" is used this would probably reduce considerably the $178 , 100 of cost estimated for parking lot construction. However, to the cost shown above there must be added acquisition and development costs incurred by the Hospital and the County prior to December 8 , 1980 . For purposes of illustration, it is assumed that this cost is $100, 000, resulting in a total cost for Phase I of $771 , 700. This cost would be financed by the issuance of general obligation improvement bonds of the City . The bonds would be retired by the levy of special assessments on Hospital and County owned land payable over a period of 20 years . The assessments would be levied pursuant to a written agreement between each of these entities and the City, whereby the Hospital and the County would agree to the level of special benefit and the dollar amount of special assessments ; and would agree that the City could sell part of Block 57 and provide the parking spaces for which the Hospital and County are being assessed by constructing the parking ramp as part of Phase II . The City would agree to provide a specified number of parking stalls (maximum of 252 on Block 57) to be allocated between the Hospital and the County, and to levy the special assessments in proportion to this allocation (or pursuant to any other method agreed to by them) . If the Hospital or the County used part of Block 57 for its own facilities , in the future, that party ' s parking stall allocation might have to be reduced, but its assessment would not . The annual installments of the special assessments payable by the Hospital and the County are estimated to amount to less than $1 . 00 per day per parking stall , assuming 252 stalls and a total cost of $761 , 700 . In the assessment agreement the Hospital ' s and the County ' s charges for the capital cost of parking with respect to Block 57 would be fixed at an agreed level and could not be increased without their agreement. It is assumed that maintenance costs for Phase I would not be significant and would be paid by the City . • MEMORANDUM • Page four January 23 , 1981 (b) The cost of Phase II , which would be financed by the City, cannot be estimated at this time , but it is assumed that : (1) the HRA would sell a protion of the land in Block 57 to a private developer at a nominal price for construction of the office building; and (2) the City would construct new ramp type parking facilities on (or on and adjacent to) Block 57 to provide the agreed number of spaces for the Hospital and the County, and to provide the additional spaces needed to serve the office building . The cost of such parking facilities would be financed by the issuance of general obligation bonds of the City payable primarily from Tax Increments to be derived from the Project as a result of the construction of the office building, and from special assessment on the building if necessary . Neither the Hospital nor the County would be asked to pay additional money for the capital cost of such new parking facilities unless additional spaces were requested by either the Hospital or the County in order to serve future additions to their facilities . With respect to operational costs of the ramp the City might find it necessary to ask the Hospital , the County and the office building owners to share them. • 6 . The financing portion of the Plan would provide for the financing of Phase IA of the redevelopment as follows . A portion of the land in the Project acquired by the HRA would be sold to a developer for a nominal amount pursuant to a development agreement requiring the construction of the office building mentioned above . The City would issue its general obligation bonds to finance the acquisition of the land and the construction of the ramp type parking facilities on the land still owned by it. These bonds would be payable primarily from Tax Increments to be derived from the Project and, to the extent necessary , from special assessments to be levied on the Hospital , the County and the office building, based upon the number of stalls to be provided for each. Presumably , operational costs would be allocated in this same manner. 7 . The amount of the Annual Tax Increment to be derived from the Project area will , among other things , depend upon the date or dates upon which the acquisition, clearing and sale of a portion' of the property in the Project area for redevelopment takes place . The possible combinations of circumstances as to each parcel in Block 57 are many ; however , • MEMORANDUM • Page Five January 23 , 1981 in general it may be said that a larger Tax Increment will be obtained if the property is owned by the HRA on or before January 2 , 1982, the next valuation date , the portion of the property sold for redevelopment is sold after the January 2 , 1982 property valuations become final , and all structures are removed prior to sale . The period of years over which the Tax Increment will be available to the City depends upon whether the Project is classified as a "Redevelopment District" or as "Economic Develop- ment District" within the meaning of Minnesota Statutes , 273 . 73 . Section 273 . 73 defines the terms "Redevelopment District" and "Economic Development District" and a copy of it is attached . Under Section 273 . 75 the duration of a "Redevelopment District" is limited to 25 years from the receipt of the first Tax Increment, and the duration of an "Economic Development District" is limited to eight years from the receipt of the first Tax Increment or ten years from the approval of the tax increment financing plan, whichever is less . Thus it is very important to determine which type of tax increment financing district is involved here and to base the Plan and schedule the timing of some of the actions described above accordingly . • i j Y4 . )t,� Fr . 4 t �,--,c.p. 273.67 TAXES; LISTING, ASSESSMENT A • 4948 fz.r4�x,? s` c 273.67 PROCEDURE WHEN OWNER DOES NOT LIST OR x ,ya.�yZ'iej :; SWORN. IS NOT . `� zrrt�� . �: When any person whose duty it is to list shall refuse or neglect to list per- 7,,:_.,..:,,, ,,3_,.-4T.,;14:-r•-1,1-i,;:',2- er- u r s ,r sonal property when called on bythe assessor, or to take and subscribe the k ; .,� required oath in regard to the truth of his statement, or any part thereof, the r, 0!, ,` : }.` t assessor shall enter opposite the name of such person in an appropriate column, • -: � the words "refused to list," or "refused to swear," as the case may be; and _• ,-_-.,:::::--,,,` z; < ,'� F, ,..�` ' when any person whose duty it is to list is absent, or unable from sickness to ^' x'E rK ,sa'.! a,°� list, the assessor shall enter Opposite the name of such person, in an appropriate r r � ,..e. y 1 f column, the word "absent" or "sick." The assessor may administer oaths to all ,;-., {,� , , persons who by this chapter are required to swear, or whom he may require to f r� `t testify, and he may examine, upon oath, any person whom he may suppose to .'“*".> have knowledge of the amount or value of the personal property of any person . r refusing to list or to verify his list of personal property. fix. ; , � la History: RL s 845 (2032) �� �;` ''' ` 273.68 FAILURE TO O13'PAIN LAST. �x s- .,..,-,,,,,v.,-.'4,:r`.4)-.:-.',f,4,,. 4}t • i In case of failure to obtain a statement of personal property, the assessor f ' a�l`i�y`; ,r shall ascertain the amount and value of such property, and assess the same at g, F-'0..3'.141..-;.:::4:,.,' • such amount as he believes to be the market value thereof. When requested, he - 42f*`� T. ,,, shall sign and deliver to the person assessed a copy of the statement showing the valuation of the property so listed. "r History: RL s 846; 1975 c 339 s 8 (2033) 273.69 [ Repealed, Ex1971 c 31 art 31 s 1 ] 273.70 [ Repealed, Ex1971 c 31 art 31 s l ] 273.71 TAX INCREMENT FINANCING ACT; CITATION. h Sections 273.71 to 273.78 may be cited as the Minnesota tax increment " s zs financing act. ' History: 1979 c 322 s 1 ` `i." 273.72 STATEMENT OF PURPOSE. j The statutes governing the use of tax increment financing in Minnesota have evolved over a long period of time and exist in several different special and ' general laws. These laws arc sometimes inconsistent and provide varying proce- dures which render them difficult to administer. It is the intent of the legisla- ture, by enacting the Minnesota tax increment financing act, to ratify and con- { firm the findings, declarations and determinations made by the legislature in connection with chapters 362A, 458, 462, 472A and 474 and to establish a uni- K" form set of standards and procedures to he followed when using this method of financing. History: 1979 c 322 s 2 273.73 DEFINITIONS. Subdivision 1. Terms. For the purposes of sections 273.71 to 273.78 the terms defined in this section shall have the meanings given them. Suhd. 2. Authority. "Authority" means a rural development financing authority created pursuant to chapter• 362A, a housing and redevelopment a authority created pursuant to chapter 462; a port authority created pursuant to h *, - chapter 458; a redevelopment agency as defined by chapter 474; a municipality M which is administering a development district created pursuant to chapter 472A ` or any special law, a municipality which undertakes a project pursuant to chap- ter 474; or a municipality which exercises the powers of a port authority pursu- ant to any general or special law. • -e,4. , 4949 TAXES; LISTING, ASSESSMENT 273.73 Subd. 3. Bonds. "Bonds" means any bonds, including but not limited to '' .' ' refunding bonds, notes, interim certificates, debentures, or other obligations < �,<_ issued by an authority under section 273.77 or which were issued in aid of a project under any other law, except revenue bonds issued pursuant to chapter r 474, prior to August 1, 1979. ,:,,`,?;:-'.-1,1.• ` Subd. 4. Captured assessed value. "Captured assessed value" means any ,, !v' < y ,� 07, j. amount by which the current assessed value of a tax increment financing district Wit, ,"E exceeds the original assessed value, including the value of property normally tax- - r, able as personal property by reason of its location on or over property owned by ;;,;,5: <; a tax-exempt entity. { Subd. 5. Governingr body. "Governing body" means the duly elected coup �_ cil or board of a municipality, not withstanding any contrary definition thereof 1 contained in chapter 475. w Subd. 6. Municipality. "Municipality" means any city, however organized, ,-,--2-Y. and with respect to a project undertaken pursuant to chapter 474, "municipal- ity" has the meaning given in chapter 474, and with respect to a project under- ., ,-y,3 1a taken pursuant to chapter 362A, or a county or multi-county project undertaken k µ pursuant to sections 462.426 to 462.4291, "municipality" shall also include any county. •t�r zc Subd. 7. Original assessed value. "Original assessed value" means the 11F `' assessed value of all taxable real property within a tax increment financing dis- o t.5' trict as most recently certified by the commissioner of revenue as of the date of s`-� -- "```f� the request by an authority for certification by the county auditor together with f subsequent adjustments as set forth in section 273.76, subdivisions 1 and 4; pro vided, however, that in determining the original assessed value the assessed ='''' '�{ value of real property exempt from taxation at the time of the request shall be zero except for real property which is tax exempt by reason of public ownership 'X by the requesting authority and which has been publicly owned for less than one '' y ' } � year prior to the date of the request for certification, in which event the assessed value of the property shall be the assessed value as most recently determined by the commissioner of revenue. For purposes of this subdivision, "real property" .;,...,,,-.7.,,,,,- t)' shall include any property normally taxable as personal property by reason of its "' a _.,_ location on or over publicly-owned property. ' c' f . Subd. 8. Project. "Project" means a project as defined in section 362A.01; , ;mit1,', an industrial development district as defined in section 458.191, subdivision 1; a , ;_ int project as defined in section 462.421, subdivision 14; a development district as ?k1,,, defined in chapter 472A or any special law; or a project as defined in section ; f � ' 474.02, subdivisions 1, la or lb. �� iffy J� Subd. 9. fax increment financing district. "Tax increment financing dis- t � � trict" or "district" means a contiguous or noncontiguous geographic area within ''`} `r' -,- a project delineated in the tax increment financing plan, as provided by section `` y 273.74, subdivision 1, for the purpose of financing redevelopment, housing or ,�,�` y r • economic development in municipalities through the use of tax increment gener- '44,- x ated from the captured assessed value in the tax increment financingdistrict. 1' _ Y Subd. 10. Redevelopment district (a) "Redevelopment district" means a „,--42,v,, �`'' type of tax increment financing district consisting of a project, or portions of a '�x'y h r project, within which the authority finds by resolution that one of the following !. -h' �fi�.e conditions, reasonably distributed throughout the district, exists: v44 `'kr (1) The land is predominantly occupied by buildings, streets, utilities or :,r'�r+” ' ,, other improvements and inure than 50 percent of the buildings, not including .4sy ,�_ , , outbuildings, are structurally substandard to a degree requiring substantial reno t vation or clearance; or , „1& (2) The land is predominantly occupied by buildings, streets, utilities orx' ," other improvements and 20 percent of the buildings are structurally substandard " ;., o + a 1' 273.74 TAXES; LISTING, ASSESSMENT / 4950 gx 4> �, r r, , :+1 ' , '-,x:,.. and an additional 30 percent of the buildings are found to require substantial Y � : ),:r.1, - renovation or clearance in order to remove such existing conditions as: inade- '' iquate street layout, incompatible uses or,land use relationships, overcrowding of .:--..ft-1 ,•4 "L r r'.• S -1, '? quate P P r ` c? N ` .°° buildings on the land, excessive dwelling unit density, obsolete buildings not � > `4-•< 4.t' ` suitable for improvement or conversion, or other identified hazards to the i orf health, safety and general well being of the community; or ..-,",.,.:',T-r.41-t‘,"'4',,::;::,' • (3) The land is not predominantly occupied by buildings, streets, utilities or ' ` t ,3. 3, other improvements, but at least 80 percent of the total acreage of such land has { Mx -',� ,,, .. `` a fair market value upon inclusion in the redevelopment district which, when .'' w i ti : added to the estimated cost of preparing the land for use, including utilities, if ;:.--.7.--.“..„.,:!!-.,,-;•;:=.,-;:;:::,-•::-,:,-.*-rrany, exceeds its anticipated fair market value after completion of said prepara- t ri.. ' --,'4;•, tion; or { (4) The property consists of underutilized air rights existing over a public 0,,t4street, highway or right-of-way. 1} (b) For purposes of this subdivision, "structurally substandard" shall mean ' " containing defects in structural elements or a combination of deficiencies in ;r?"i...:-.:',;,:.-J. .,- essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, r which defects or deficiencies are of sufficient total significance to justify substan- tial renovation or clearance. "Predominantly occupied" shall mean at least 50 percent of the parcels comprising at least 50 percent of the acreage. `-:':,. Subd. 11. Housing district. "Housing district" means a type of tax incre- ment financing district which consists of a project, or a portion of a project, rti intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title I1 of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations pro- :' mulgated under any of'those acts. Subd. 12. Economic development district. "Economic development dis- trict" means a type of tax increment financing district which consists of anypro- ' ject, or portions of a project, not meeting the requirements found in the defini- tion of redevelopment district or housing district, but which the authority finds >.:r' to be in the public interest because: (a) It will discourage commerce, industry or manufacturing from moving r their operations to another state; or (b) It will result in increased employment in the municipality; or (c) It will result in preservation and enhancement of the tax base of the municipality. Subd. 13. Administrative expenses. "Administrative expenses" means all expenditures of an authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to or services provided for persons residing or businesses located in the district, or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 273.77. History: 1979 c 322 s 3; 1980 c 509 s 108; 1980 c 607 art 6 s 1-5 j 273.74 ESTABLISHING, MOI)IF1'ING TAX INCREMENT FINANCING PLAN, ANNUAL ACCOUNTS. Subdivision 1. Tax increment financing plan. A tax increment financing :.).i..7.'. plan shall contain a statement of objectives of an authority for the improvement i •3 13 ,/ EMO TO: John Anderson City Administrator FROM: Tim Keane City Planner RE : Planning Commission Actions of January 22, 1981 DATE : January 23, 1981 The Planning Commission met last night to discuss two issues : 1) The proposed Shakopee Public Utility Commission Trunk Watermain Policy was discussed with Lou VanHout , Utility Manager and Ken Adolph, Schoell & Madson. Shakopee Public Utility Resolution No. 222, A Resolution Establishing A Trunk Water Policy, Setting Fees and Repealing Resolution No. 217 , was endorsed by the Planning Commission. 2) The draft Subdivision Ordinance was discussed with Wynne Ventling, Clete Link and Gary Eastland, members of the Subdivision Review Ad Hoc Committee. Minor changes and suggestions were made by the members of the two bodies. These suggestions will be taken into consideration and brought out at the public hearing scheduled for February 26, 1981. j iw fi a. „ ::.. INCORPORATE O 1 8 7 O ,--;. .. °z+g.'mwA.A. t,t w,,,.:, -Y: sov . .:,,,.^ '"t11,Q. "�' AVM, 129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445-3650 '1,�� y ,1 .,;; . January 27 , 1981fi r, • Mr. David E. Olson Bonestroo, Rosene , Anderlik & Associates , Inc . 2335 West Trunk Highway 36 St . Paul , MN 55113 RE : Infiltration/Inflow Analysis - :Thakopee , Minnesota Dear Mr. Olson : Attached please find a copy oL the Professional Services Agreement for the above-referenced matter. The scope of this Agreement embodies the concerns of not only the MPCA and MWCC, but the concerns of the City of Shakopee as well. The elements contained in the Scope of Services are intended to be the minimum requirements of the City of Shakopee. If in your opinion, other items should be addressed in addition to these items , so note them so that; they may be included in the Scope. Section IV, Payment and Fee Schedule, consists of a payment for the Grant-In-Aid Application and then a Fixed Fee and Cost Ceiling. The Cost Ceiling must be computed and entered into the Agreement. That Cost Ceiling will be considered a "Not-to-Exceed" amount . The billing method will be unchanged except that the multiplier for overhead must be entered into the Agreement . Please note that it will be necessary to recompute the "Not-to-Exceed" amount , since that amount includes the indirect cost including meals , mileage , computer usage, technical equipment , printing, subcontract , etc . Such expenses may be billed , however, they will be included in the "Not-to-Exceed" amount . Should you have any questions regarding this Agreement, do not hesitate to call . Sizitcerely , A. . • , rrier City Eng .neer '/ SSS/jiw cc : John Anderson, City Administrator The He rl cif I) r () <7 r 17 <t 11 0 ti An Equal Opportunity Employer 1/23/81 Draft R,. RESOLUTION # 222 A RESOLUTION ESTABLISHING A TRUNK WATER POLICY, SETTING FEES, AND REPEALING RESOLUTION #217 Be it resolved by the Shakopee Public Utilities Commission as follows : WHEREAS, there are trunk charges incurred in the construction and operation of a municipal water system which are in addition to those costs of installing lateral service to abutting property; and WHEREAS , those costs have been, and are expected to be, borne by the Shakopee Public Utilities Commission, and the present water connection charges are deemed to be insufficient to fully fund these trunk expenses; and WHEREAS , an engineering study has been conducted to determine a fair and reasonable charge required to provide for water system trunk construction made necessary by system growth; and WHEREAS , the Shakopee Public Utilities Commission on the 8th day of September, 1980, adopted Resolution #217 which the Commission now finds to be • inconsistent with newly developed information and studies; NOW THEREFORE, be it resolved by the Shakopee Public Utilities Commission as follows: 1 . There is hereby created a trunk fund to accumulate funds collected by trunk water assessments or connection fees in lieu thereof, which funds shall be utilized to pay costs incurred by the construction of trunk water facilities. 2. That in all areas of the City of Shakopee in which water service is newly made available by the City of Shakopee, the Shakopee Public Utilities Commission, or private development, there shall be charged a trunk assessment in the amount of S 435.00 per acre; or in the alternative, if no such trunk assessment is levied, a connection fee in addition to all other connection fees which connection fee shall be equivalent to a trunk assessment, with said additional connection fee to be paid within thirty (30) days of the date said water service becomes available. 3. Areas which are construed to presently have municipal water service presently available are all properties immediately abutting an existing watermain and extending a distance of 150 feet in depth back from the watermain into this property, provided that the watermain extends the full distance across or along the edge of the property in question. Also construed to have water service presently available is all land which has previously paid a trunk water assessment and which has lateral r watermain extended to within 150 feet to the point of use of the water. Such lateral extensions shall be in accordance with existing City of Shakopee design criteria and specifications. 4. The land area against which said trunk water assessment shall be charged, shall be at a minimum, all the property abutting a proposed new water- main and extending a distance of up to one half the difference between the proposed watermain, and the next parallel anticipated watermain, unless a different con- figuration is determined by the Commission to be appropriate due to land terrain or other eelogical barrier. 5. The trunk costs paid from the trunk fund shall include but not be limited to the cost of oversizing material , and the costs of construction labor due to oversizing as determined by the Commission. In addition to such construction costs, there shall be paid from the trunk fund an allowance for engineering, fiscal , legal and inspection costs. Expenditures for oversizing, for purposes of this paragraph, must be authorized and approved by the Commission after the Commission is notified in writing of any planned installations of watermains within the City of Shakopee. The Commission in its exclusive discretion may then find it to be in the best interests of the water system that larger size mains than those proposed be installed and the Commission elects to require the larger size mains and pay the difference as provided in this paragraph. Standard size watermains , for purposes AND R3 of this paragraph, shall be a six inch watermain in R-1 and R-?residential areas; eight inch watermains for commercial or business zones , schools , shopping centers , and high density residential (R 3 end R-4) ; and twelve inch watermains for industrial areas. The Commission should not be obligated to pay any additional costs unless the plans of estimated costs shall have been presented to the Commission prior to construction of the watermain for review and approval , and actual cost data be furnished after the completion and acceptance of the watermain to the satisfaction of the Commission. 6. The trunk water assessment established in paragraph 2 shall be increased on the first day of January each year, commencing January 1, 1982, by an amount equal to the present trunk water charge multiplied by the percentage increase in the construction cost index for the previous 12 months as reported by the Engineering News Record. Be it further resolved by the Shakopee Public Utilities Commission that Resolution #217 shall be and hereby is in all respects repealed. Adopted in regular session of the Shakopee Public Utilities Commission this day of r-42131? At 1981. Wally Bishop, President ATTEST: Louis Van Hout, Utilities Commission Manager This is an exact copy of the resolution passed by the Shakopee Public Utilities Commission on $ February 2, 1981. The signed copy of the original will be sent to City Hall to be attached to the coresponding Council resolution shortly. v�A • RESOLUTION NO. A RESOLUTION ADOPTING A TRUNK WATER ASSESSMENT POLICY PURSUANT TO POLICIES ADOPTED BY THE SHAKOPEE PUBLIC UTILITIES COMMISSION WHEREAS, the Shakopee Public Utilities Commission did on the 2nd day of February, 1981, adopt its Resolution No. , setting forth its policy for trunk water assessments, a copy of which is attached hereto, made a part hereof and incorporated herein by reference; and WHEREAS, it is the intent and desire of the City of Shakopee to adopt the trunk water assessment policies of the Shakopee Public Utilities Commission for use in any and all assessments for trunk water lines as well as for connection fees for any trunk water lines not publicly financed through Chapter 429; NOW THEREFORE, be it resolved by the City Council of the City of Shakopee as follows: 1. That the trunk water assessment policies as set forth in the attached Resolution of the Shakopee Public Utilities Commission are hereby adopted, together with any and all changes, amendments or modifications thereto. 2. That all City of Shakopee trunk water assessments, or connection fees in lieu thereof, shall be made in accordance with the policies contained in said Resolution. Adopted this 3rd day of February, 1981 , in regular session of the Shakopee City Council . Mayor Walter C. Harbeck ATTEST: John K. Anderson, Administrator Prepared and approved by: KRASS, MEYER & KANNING CHARTERED Assistant Shakopee City Attorneys 1221 Fourth Avenue East Shakopee, MN 55379 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 3, 1981 Mayor Harbecklpresiding 11 Roll Call at 7 : 30 P.M 2 ] Approval of Minutes of January 20, 1981 3] Communications : a] Krass , Meyer & Kanning Chartered , Re: parking b] c ] 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 TC SPEAK ON ANY ITEM NOT ON THE AGENDA 6 ] Old Business : a] Dorothy Egan Sewer Claim b] Engineering Fee Schedule c ] 1981 Sewer Fund Budget (bring item 9d of 1/20 agenda packet) d] Discussion of 81/82 Capital Improvement Projects (bring Engr ' s Monthly Report of 1/16/81) 7 ] Planning Commission Recommendations : None 8] Routine Resolutions and Ordinances : a] Ord. No . 53 , Civil Defense b] Ord. No . 54, Establishing Licensee For for Non-Transcient Theme Parks - Res . to be considered at next meeting c] Ord. No. 55 , Regulating and Licensing Inspection & Insurance for Amusement Rides d] Res . No. 1790, Authorizing Payment of A Judgement (Link) e] Res . No. 1791 , Adopting SPUC Trunk Watermain Policy f ] Res . No. 1786 , Setting Public Hearing Date for Industrial Revenue Bond Application-Shakopee Professional Group-tbld 1/2( g] . Res . No . 1787 , Setting Public Hearing Date for Industrial Revenue Bond Application-Valley Health Properties-not offered 9] New Business : a] 8: 30 - LeRoy Menke re : Prairie View 3rd Improvements b] Planning Commission Appointment c] Proposed Ordinance on Chemical Storage - Discussion d] Prior Lake-Spring Lake Watershed District Outlet 76-4 e] Change Order No. 1 , Holmes St. Improvement (80-3) increase contract in amount of $67 ,021 . 00 f] Contracted Planning Services 10] Other Business : a] Liaison Appointments (bring memo handed out 1/27/81) b] Replacement of Industry Agreement Revenue c] Recommend adjourning to Feb. 10th at 7 : 30 P.M. for action needed re : VIP Sewer Interceptor & work session d] Vacation Policy 11 ] Adjourn to Tuesday, February 10th at 7 : 30 P .M. John K. Anderson, City Administrator ee o ft(e TENTATIVE AGENDA SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY Regular Session February 3 , 1981 Chairman Hullander presiding 1 . Roll call at 7 :00 P .M . 2 . Status Report on 235 Homeownership Program 3 . Approve Payment for Relocation Claim of Alois and Bertha Menden 4. Authorization of Payment of Bills : $20. 54 to Richard Hullander for luncheon meeting on downtown redevelopment . 5 . Other Business 6 . Adjourn • Jeanne Andre Executive Director MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE : Current Status of Federal 235 Homeownership Program Construction of Homes in the Fourth and Minnesota Project DATE: January 30 , 1981 Introduction After a freeze on disbursement of funds of more than three months , it appears the Federal government has now released funds for the 235 Homeownership Program. It is still unclear whether there are enough funds to finance construction planned for 1981 , but the 1980 construction should be able to proceed . Background On October 3 , 1980, the Federal government started a freeze on the disbursement of funds for firm commitments for the 235 Home- ownership Program. This had immediate impact on four units the Shakopee HRA planned for construction in 1980 for which firm commitments had not been issued . In addition funding for nine units scheduled for construction in 1981 were left in question . Numerous congressional representatives have been working to secure funding for homes to be built in the Fourth and Minnesota Neighborhood Revitalization Project . Recent letters from Tom Hagedorn and Rudy Boschwitz are attached for information . Contrary to the information available when these letters were written , HUD now has indicated that 10 million of the frozen funds have been released , and an additional 70 million was authorized by Congress in December of 1980. These figures indicate funding on a national level ; funding locally has not yet been announced. The local office is now accepting applica- tions for firm commitments on a priority basis . Although I have not received a copy of the priority list , it is my under- standing that the four cases currently pending for the Shakopee HRA are as follows : 1 . Jay and Penny Skare (487 Minnesota Street - Goodwin Builders recently completed building) are priority 1 . 2 . Catherine and Franco Magozzi (407 Minnesota Street - single unit to be constructed by Joseph Miller Development) are priority 3 . 3 . Elizabeth Meyer/Tom and Sue Johnson (406-408 Minnesota Street - double unit to be constructed by Goodwin Builders) are priority 6 . Shakopee HRA l January 30, 1981 d' Page 2 The local HUD office is sure funding will be available for priorities 1 and 3 and is optimistic that it will be available for priority 6 . Based on this information the Skare file has already been resubmitted and the other three files are in preparation for submission . Miller has agreed to build the Magozzi unit at the previous contract price . Meyer and Johnson have been informed of the cost increase authorized for Goodwin Builders . Although neither party has funds to cover the increase at this time , both wish to go ahead and believe they can secure the funds prior to closing . Recommendation Based on the recent events recounted above , I recommend the cancellation of contracts with Goodwin Builders , Inc . and Joseph Miller Development be further delayed in the expectation the project will probably be able to proceed . JA/jms TOM HAGEDORN 2ND DISTRICT.MINNESOTA DISTRICT OFFICE: P.O. Box 3148 COMMITTEES: MANKATO,MINNESOTA 56001 ortfire.� of t je ncteb 6tateg (507) 387-8226 AGRICULTURE Cr PUBLIC WORKS AND 211 SOUTH NE'.ATON STREET TRANSPORTATION ALBERT LEA. MINNESOTA 56007 joule of Repregentatibt1 WASHINGTON OFFICE. RONALD K.ENCE 440 CANNON HOUSE OFFICE BUILDING Ella4ington, M.C. 20515 ADMINISTRATIVE ASSISTANT WASHINGTON,D C. 20515 (202)225-2472 January 13, 1981 tx . H. 9 1981 Mr. Richard S. Hullander CITY OF ,t.;AKopEE Chairman Shakopee Housing and Redevelopment Authority 129 E. First Avenue Shakopee, M. nese a 55379 Dear • v . Enclosed is correspondence I have received from the Department of Housing and Urban Development responding to my inquiry on your behalf regarding the status of HUD's Section 235, Homeownership Subsidy Program. As stated in the enclosed letter, the considerable demand for Section 235 financing has depleted the contract authority available to HUD to enter into new contract commitments. It further relates that limited contract authority which remains must be withheld to offset the increasing cost of outstanding commitments issued through the Minneapolis and other HUD offices . As a result, the Department of Housing and Urban Development cannot lift the freeze on the issuance of new commitments . You should be interested to know, however, that Congress recently approved legislation which provides additional contract authority to the program. As soon as contract authority is made available by the Office of Management and Budget, HUD will allocate it to their field offices . I hope that this response answers the questions you have raised. However, if you find that it is in any way insufficient or if you have additional questions , please do not hesitate to contact me again. With kindest regards, I am Sincerely, Tom Hagedorn Member of Congress TH/kg Enc. 4 c' ill' 0 THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT "tIJ 1 WASHINGTON, D.C. 20410 4)Q 104° [IF r, 1 6 1900 Honorable Tom Hagedorn House of Representatives Washington, D. C. 20515 Dear Mr. Hagedorn: This is in response to your letter of November 14, 1980 concerning the status of the Department's Homeownership Subsidy Program, Section 235. During the 12-month period ending September 30, 1980, the Department issued firm commitments for more than 36,000 Section 235 mortgages, an increase of 138 percent over the previous 12-month period. The Minneapolis Area HUD Office issued 656 of these firm commitments. In addition to this firm commitment activity, the Department has committed a substantial amount of contract authority to builders to cover units presently in the development process. Builders in Minnesota currently hold reservations of contract authority for 968 units. • This considerable demand for Section 235 financing has depleted the contract authority available to the Department to enter into new contract commitments. The limited contract authority which remains must be withheld to offset the increasing cost of outstanding commitments issued through the Minneapolis and other HUD offices. For this reason we cannot, at this time, lift the freeze on the issuance of new contract commitments. As you know, Congress recently approved legislation which provides additional contract authority to the program. The bill is to be signed by the President shortly. As soon as contract authority is made available by the Office of Management and Budget, we will allocate it to our field offices. Please be assured that we are aware of the need felt not only by the homebuilders, but also by those families who require assistance to purchase a home. We have taken this action only because the limited amount of contract authority available made it necessary to do so. A similar response is being sent to all the co-signers of your letter. Sincerely, /s/ Moon L„,:ndrieu Moon Landrieu frin Cnif eb Zf atez - eraf e `` rr ,; WASHINGTON, D . 20510 _ 6 198/ January 22, 1981 EA, Mr. Richard S. Hullander, Chairman Jeanne Andre, Executive Director Shakopee Housing & Redevelopment Authority 129 East First Avenue Shakopee, Minnesota 55379 Dear Richard and Jeanne: Enclosed is the response I received from Moon Landrieu, Secretary of Housing and Urban Development (HUD) , regarding the status of the Department's Homeownership Subsidy Program, Section 235. We have also contacted Chuck Cornea at the Minneapolis Area HUD office. Section 235 legislation has been signed and hopefully will be available to the 1. al HU► offices by the end of the month. Again, thank you for contac ing our offic for assistance. If you have any additional ques ions concerni this issue contact the Minneapolis HUD of ice at 349-316:. 'N'ncerely, Rudy(ioschw tz United Stat s Senator RB/qb Enclosure 3 MEMO TO : Shakopee Housing and Redevelopment Authority (HRA) FROM : Jeanne Andre , Executive Director RE : Relocation Claim of Alois and Bertha Menden DATE : January 29 , 1981 Introduction The final relocation claim for Alois and Bertha Menden has been submitted for payment . The Mendens were relocated as part of the Elderly Highrise Redevelopment Tax-Increment Project No . 1 . Their relocation claim has been prepared by Von Klug and Associates , acting on behalf of the HRA . Background In December of 1979 the HRA purchased the Menden residence to be included in a redevelopment district in which land was assembled for sale to a private developer to construct a subsidized elderly apartment building . Prior to the sale the HRA approved a reloca- tion claim from the Mendens which included $1 , 826 . 36 for moving expenses . The Mendens hadarranged to move to an apartment in Shakopee for a temporary period while the new subsidized building was under construction . They expected to relocate to the new building after it was completed . The HRA agreed to reimburse the Mendens $2 , 288 .12 for increased housing costs and $28 . 25 for telephone installation associated with their temporary move . (This is an administration cost rather than relocation cost . ) In November, 1980, the Mendens were able to relocate to the new elderly highrise at 200 Levee Drive . The final relocation claim they have submitted is in the amount of $4 ,031 . 95 . This amount includes $31 . 95 for reinstallation of telephone service and $4,000.00 for a rental assistance payment . The rental assistance is established by determining the difference between the monthly cost of the replacement dwelling and the lessor of the monthly cost of the original dwelling or the claimants ' ability to pay (25% of their monthly income) . In this case the monthly need amounts to $89 .40. The rental assistance claim is allowed for up to 48 months , to a maximum of $4 ,000.00. In the case of the Mendens , assistance for the 48-month period would amount to $4 ,291 . 20. Therefore Von Klug and Associates , the HRA consultant for this claim , recommend payment of $4,000 .00 , or the maximum rental assistance payment . Recommended Action I concur with the recommendation of Von Klug and Associates that the HRA authorize payment of $4 ,031 . 95 to Alois and Bertha Menden as a final relocation claim for their displacement from their former residence at 215 West First. Avenue as part of the Elderly Highrise Redevelopment District , Project No . 1 . JA/jms MEMO TO : John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE : Resolution No. 1791 , Adopting A Trunk Water Assessment Policy DATE : February 3 , 1981 The resolution adopts any and all changes , amendments or modifica- tions made to the trunk water assessment policy set forth in SPUC Resolution No . 222 . In order that the City might be appraised of these changes , amend- ments or modifications , I recommend that the resolution be amended by adding to the first be it resolved, "which SPUC shall transmit to the City within ten days after adoption by SPUC" . So that the paragraph will read as follows : "1 . That the trunk water assessment policies as set forth in the attached Resolution of the Shakopee Public Utilities Commission are hereby adopted , together with any and all changes , amendments or modifications thereto , which SPUC shall transmit to the City within ten days after adoption by SPUC . " I have checked this out with Rod Krass and he concurs . JSC/jms Law Offices of KRASS, MEYER & KANNING Chartered Phillip R. Krass Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kanning Shakopee, Minnesota 55379 (612)445-5080 January 26, 1981 JAN2 7 1981 Mr. John Anderson City Administrator CITY OF SHAKOPEE City Hall 129 East First Avenue Shakopee, MN 55379 Re: Parking in Front of Shakopee Professional Building Dear John: We had another little accident in front of our office building on the 21st, this one involving my wife, Marilyn. As you come up from our parking lot to Fourth Street, it is very difficult to see until you get to the street. The problem we have been having is that trucks or cars park right in front of the building, and when you are exiting the parking lot, especially the more westerly exit, it is difficult to see the westbound Fourth Street traffic until you get into the street. I wonder if the City might consider making the areas adjacent to the exits no parking zones. If we could keep trucks and cars away from the area right next to the exits, it would certainly make exiting onto Fourth Street a lot safer. Why don't you let me know your thoughts on this. Yours very ,truly, KRASS, VAR pi` KANNING CHARTERED Phillip R. 'Tass PRK:ph aJ MEMO TO : Mayor and City Council FROM: John K. Anderson RE : Dorothy Egan Sewer Claim DATE : January 15 , 1981 Introduction City Council , at its regular January 6 , 1981 meeting, reviewed a claim from Dorothy Egan (agenda item #6f) regarding costs she incurred to clear her frozen sewer line . Council action was to instruct the City Administrator to pay all bills that could be verified and report any that could not . Problem There are two levels of verification : 1) Were the bills paid? and 2) were the bills incurred because of the City' s sewer main? I have verified that the bills were all paid by Mrs . Egan . I then asked Jim Karkanen to check his records (diary) to determine if any of Mrs . Egan ' s frozen sewer line problems occurred because the main was frozen. Jim' s memo is attached. Alternatives 1 . Pay all of the bills totalling $729 .24 based only upon the first level of verification. 2 . Pay the two bills mentioned in Jim' s memo totalling $382 .04, based upon the two levels of verification. Recommendation Jim Karkanen clearly feels that alternative #1 would create a 'new policy" that would possibly mean more claims from east Shakopee residents with sewer line problems . Therefore , I recommend that Council approve alternative #2 and authorize $382 .04 in reimbursements to Mrs . Egan . This will enable the City to continue with its existing policy regarding frozen sewer mains and sewer services as outlined in Jim' s memo . JKA/jms • �`,40ENXrpFfy CITY OF SHAKOPEE w 4�.-- a 129 East First Avenue, Shakopee, Minnesota 55379 u . te f MEMO TO: John Anderson - Administrai-or FROM: Jim Karkanen - Public Works SUBJECT: Dorothy Egan sewer prob]Pm DATE: Jan. 14, 1981 This memo is in response to several comments which were made at the Dec. 16th Council meeting regarding the Dorothy Egan sewer problem, and also to verify the dates of the sewer claims by Mrs. Egan with the diary entries made regarding the service calls to this area. Duane Melchior, (her neighbor to the north) has never, to my knowledge, had a freeze-up problem originating in his private service line to his house. Whenever he has had a problem, the icing has always been in the manhole in the street, which is the City ' s responsibility. Mr. Melchior ' s private service line enters the City main at the manhole, Mrs. Egan' s service line does not. His service line obviously has a good grade providing adequate drainage to the City main, and he also seems to use considerably more water, insuring a good flow to the main. Whenever Mrs. Egan has called, we have responded equally as quick to determine where the obstruction exists. When Mrs. Egan reports an icing situation to us, we insert an 8" root saw blade into the main to determine whether there is ice in the main. If there is not an indication of ice, we notify Mrs. Egan that the ice is in her private line and tell her that it is her responsibility if it is in her service line. If there is an indication of ice in the main, then the City crews are responsible to steam the main, and we also would thaw her service line,as well, at no charge. The only date submitted by Mrs . Egan, which showed any City negligence, was , for Sat. , Feb. 4, 1978 on a bill submitted by Rogers Sewer Service, in the amount of 250 . 00. .The diary shows that ice was found in the main at that inspection. -The diary also indicates that we were never called initially to check the main until after the plumber had determined that he couldn' t open her service line. The City crews then thawed the main and her service line at no charge to the owner. We were never informed of the plumber being called, nor -were was a claim presented to us for his service call. However, I do feel that the City is liable or the 250 . 00 charge by Rogers Sewer Service. • Also , on Jan. 13 , 1977 , we inspected the main and observed a slight indication of ice but not enough to warrant a steaming operation . On Feb. 8 , 1977 , we assisted Sand Mechanical to steam her sewer line and Mrs . Egan submitted a claim of 132 .04 for this bill , and there is the possibility that the City could be responsible for this claim because of the ice observation on Jan . 13th. All of the other claims by Mrs . Egan show, in the diary, that there definitely was no ice in the main at the time we inspected it and that the City had no responsibility to open a private sewer line . As indicated in our previous memo on this matter, there is no doubt in my mind that her service line will freeze again this winter season, especially because of the lack of snow cover, and indications are that the frost will penetrate quite deep this season. I 'm suggesting that we help keep her line open this season for the remainder of the winter, providing that she agrees to insulate her service line from the curb line to the main for next winter. Then , we can assume responsibility for the icing in the main. (It must be noted that insulation is not the complete answer to her problem but it would help . It also should be mentioned that she is the only house connected on the main who has problems from freezing, and this probably tells us something about the condition of her service . ) It also should be noted here that this sewer line is not the only main in East Shakopee that has icing problems because of shallow grade . It would also be very difficult to prevent ice buildup in all of these shallow service lines because we cannot enter private basements to conduct a preventive maintenance program. (This is the reason, I feel , that the municipalities cannot be held responsible for maintaining the service lines from the basement to the street . ) However, to reiterate , if the icing occurs in the main initially, the City should be held responsible for thawing these service lines . However, the homeowner has to be responsible for the ice in their own service lines . The sewer main in front of her house was televised and taped for inspection this morning. This inspection revealed a very slight frost buildup inside of the main but no ice was observed at this time . We will conduct a bi-monthly flushing and inspection program to try to anticipate the ice build up in the line for the remainder of this winter season. 4.5 ,.,-T CITY OF SHAKOPEE it 11�`:�'- ¢may 129 East First Avenue, Shakopee, Minnesota 55379 i CA/ -.;rte tt j (itk,lL0 ` • MEMO • TO: J.A. •_ FROM: Kark SUBJECT: D. Egan sewer bill DATE: Dec. 29/80 The following entries were made in the Public Works diaries on the following dates: h �zl..�g �v. 1974 - (Ries Plbg. 58 . 50) JAN. 29th "Rent steamer (1 hr. ) to Ries Plbg. The sewer main was checked and flushed. No ice in the main. " : 71976 - (Roto Rooter 55 .70) ''N entry-was was made regarding this service call from Roto Rooter. We apparently were not notified about this incident. `7 (S & W Plbg. 33 . 00) Sat. Feb. 21st "We checked the sewer main on North Main-No ice was observed in the main. The ice was present in the service line only. The main/was f��jlushed. .Steamer rental (2 hr. ) 1977 - (Sand Mechanical 133 . 04) Jane 13th "S/ e ice observed in main- not enough to warrant steaming operation. Feb. 8th steam service line for Sand Mechanical (no time recorded) / 1978 - (Roger Sewer Service 250 . 00) Sat. Feb 4th= Main was frozen. Egan service line was frozen also. We thawed both sewer lines ourselves,. No entry was made regarding Rogers Sewer Service. I do recall that someone had tried to open the Egan service line before we were called. I can only assume that this was Rogers Sewer Service. %1980 - (Rybak 216 . 00) This Work (insulating the service line to. the cub) was performed this fall. We have no record of how much material or • how much labor was billed. . Summary: I can only assume that these claims . for plumber calls from D. Egan ' appear to be legitimate. They do seem to coincide with some of the entries made in the diaries.' However, I again feel that the City - has no responsibilities in the private_ sewer lines. This_ service line line had been -installed with no thought to protect it from the frost. 4,„...,--0,,t,„...,. CITY OF SHA. FF i ,,,�_ 'v 129 East First Avenue, Shakopee, Minnesota 55379 j �� 2 lti a` � ; ;' • ‘,..„,„. . TO: John Anrlprson City Administrator FROM: Jim Karkanen, Pnh1i.c._W-orks Dept. SUBJECT: Dorothy Egan sower problem • DATE: December 11 , 1980 This memo is intended to provide you with a background of the sewer problem at the Dorothy Egan residence at 129 N . Main St. Doug Reeder and I met with Dorothy Egan on Tuesday, Oct. 14 , 1980 to discuss her sewer problem. During the course of this meeting, several solutions to the problem were suggested to her : 1. Install a private sewer line in the boulevard to the Bluff St . sewer line which was installed several years ago . However , this solution would be quite costly because of the rock in the area . 2. Insulate her private sewer line all the way to the sewer main in the street. We told her that the City would participate in the project by patching the bituminous surface after the insulating project had been completed . 3 . Re-lay her sewer line at an angle towards First Avenue to pick up grade so her service line would be at a deeper depth to minimize the freezing problem. Again, the depth of the rock near the surface of the street doesn ' t make this solution practical . 4 . Install a cleanout plug alongside of her house so the steaming crews can gain easy access to her service line. The service line along side of her house was installed at a depth of 8 - 10 inches . This has to be considered too shallow for a sewer line. 5. The service line from the house to the main in the street could possibly have dips or an irregular grade to the street which would slow the flow enough to freeze it. The service line could be re- layed, but there isn' t much grade to work with. It is important that the line drains completely after usage to minimize freezing . All of these possible solutions were suggested to Mrs . Egan at the Oct. 14th meeting . It was the general consensus that - insulating was the easiest and cheapest solution to the icing problem, but it was pointed out that this was not the ultimate solution because occasional icing could still occur. Re-laying the sewer line at a safe depth is '61 still the surest solution to the icing problem. .Following the meeting, Mrs . Egan elected to insulate her service line from her house to the curb line only. We feel that this will not remedy her icing problems because no insulation was installed from the curb line to the main sewer in the center of the street. This is the area where the icing seems to occur because the snow plow will always remove the snow which could act as an insulation. It was also pointed out to Mrs . Egan that her house was moved to this location about 1965 or 1966 by Mrs . Doris Dunlap. (The sewer main was installed in 1945 . ) Mrs . Dunlap also had freezing problems with the sewer line during her years of occupancy at this address . The Street Dept. had been called many times to help steam the service line for Mrs . Dunlap when she lived at this address . These service calls for steaming were recorded in our diary, and the dates of these calls were given to Mrs . Egan to prove that there has always been icing problems with this sewer . Mrs . Dunlap has indicated that we were wrong because she has never had problems with her sewer when she lived at that address . It would seem to me that Mrs . Egan was misinformed as to the condition of the sewer when she purchased this property, however, I feel that this is not a problem for the City, but only for the two parties involved in that transaction. Mrs . Egan ' s letter dated Dec . 2, 1980 apparently is intended to show that she has paid a lot of money for steaming her service line since she has obtained the property. It is my feeling that the City is not liable for the freeze up problem on her private sewer line unless the icing initially begins in the City main in the street. This is usually indicated to us by backing up in the dead end Manhole and backing up into Duane Melchior ' s home to the north of Mrs . Egan. Generally, the only icing in the area is in her service line and the other neighbors don ' t usually have much trouble. I also feel that the other neighbors use much more water and this seems to help keep the lines open when they are shallow. It should be mentioned that if we feel that the icing originated in the main, we will thaw her line without hesitation. (There is no charge for this service. ) The City insulates the deadend Manhole at the North end of Main Street each fall to minimize the possibility of freezing, and the sewer crews will periodically check and flush the manhole during the winter . Because of the fact that Mrs . Egan did not attempt to insulate her service line all the way to the main in the middle of the street, I see no reason not to believe that her sewer line won' t freeze again this winter season, also, I don ' t believe that the City should be subject to any claim or plumber charge for thawing her sewer again this season. ..The only way the City could possibly be liable, in my opinion, is if it is determined that the main had frozen initially, and created an icing problem on her service line. P .S . In checking with the City Engineer , the cost to insulate the balance of Mrs . Egan ' s sewer line ( that portion lying in the street) would be $300.00 . Also , the City would patch the street surface , as per agreement . John K . 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ON CJD 0 0 v, O 0 \1, 0 0 0 0 0 c* P J=• •-- O O O O O O O 0 O O O O o 0 0 0 0 0 0 0 0 0 0 O 0 0 0 P. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 MJG i t'z1 W ) Ui :U IJJ 0 W }'i'.i.c)r:j Ly {1 0..1 CD CO I\) N N Rr•rl1trr:;t.cci • K P (C- i'. C O p C- cn to P P 2 P. 'i II) 'ci 1--, 1-r 0 f) H• c-+ p :i :I '' ci- (1) :. o • r•-t • • rD P N O (0 ( F-'D 1., t,. c-I, o c 1 11 O ,ry P. P. H. '.f 0 m 0 !✓ (D Ori cc •(D (D N O cn d :t; 0 iJ c+ O ,t '1 C) '..1.1 P P.) N� 0 t-' Nt P. 0 cl,cr Pt P ., c 011 (D r/ I-I 0 P '1 H. N '", (I,, P n I , P 'ti (n N (6 `d Cr 0 O ct- CD P. C) ci 0 (D i 0., c t Pt 0 'i i), (.Y\ U) ct ..-5- :1•• Y;c, (D ::3 0. • (D Fe. lJ Vi • 'd i' 3 •7 i 'L1 7 U; 1 0 0 H 0 c' '-3 ) 7 C) I A) 1 Co t-, O Ut P' P N z) �" C 0 )--3 try ,.- to cr 0 U) - et. o' P. .� 1-3 P d (D C) O T ) ••-: Cl) U) J) (D 0 'i C] H Cl 0- (D y '-3 tri P 'ts 0 CI) I-I i P 'i I. ' CI 'i :.,:- I-I (D 0 1-3 P, P, (,- 1-4 (C N I d c+ U) ,� ch W + 0 CD H f--' F-' 1_' O\ 1--' VI (1)N - I CO O Q\ O O O O vi .=' .C- -J F-' 00 N I-J ) F-' —I N VI F (D ' Vi O O O O O O �p �n N .LAI v1 N N y ' W 0\ CO t W W VIO - --•I Co rt, n H • O 'O O O O O F" H 0\ 07 V� H • I-' I- r I-, I--' H O O O O O O \O F-' CO N 1 O 01 I--, CO I--' U) L' -) C � tom- •. 0 0 ',.n i-+ .-' r- .c0 0 CO 'U Q\ VI \O O ON O. 0 0 0 `I .s 0 ---.I \n U) r N H - `'y 01 N N 0.--- CO c+ CO VI 0 W 0 O ~• C0 O O CO O cN+ I O O VI O c+ v' ro \o co 0 'C 0 CD 0 0 0 0 �' . SUM/ liIE • Eng. Tech III Tech II E: I Clerk Total 1981 Pro 9 j eels 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 i TOTAL 1961 2039 6884 699 11,583 _.._.._�....,- ..w„....�. w..l.ltl..a. M .+�i�!i 5'H 7�In,,.U.. r. aad,i JL'Y:a ia 14]c�,�= . •:• .,zs .0 zaasssma�arb��ca:. :sa�ur:twss0,310i74 ,aav4aa�air =ae+zra.txcr� ,,,.rti, �1u1r2: _i �j{�3a�su:istl,13tc, LI TT r=iwlr-•—rui..Y {Eti➢"Z ,^_.. Tt-e*r ate• a •n'^...-._._ .. '__ ._ _.._.._ MEMO TO : John Anderson City Administrator FROM: Tim Keane City Planner RE : Petition for 5th Avenue Between Filmore Street and Main Street DATE : January 30 , 1981 Attached is the request from Gene Brown for the City to proceed with the street improvement so that he can plat single family lots at the above-referenced location (note attached map ) . In the event the City chooses not to proceed with the improvement of 5th Avenue between Filmore and Main, Mr. Brown will request a rezoning to construct a multi-unit residence . This petition is related to Agenda Item No . 6d concerning the same street . Recommendation : This street improvement is included in the 1982 Engineering Project . The developer wishes this improvement to be constructed as soon as possible . If this project were to be included in the 1981 Capital Improvement Program, it will have to displace a currently proposed 1981 project . TK/jiw Attachments . f ,...:11............2starowns...74..Cri,lea.ra......, , • 4 oi--- iii . . . . . . . , . ........,,,AT„.•„,... . ....„.„:,......;•::.'":',/•''! .., , • ......4,,,....„,. , . •, ..,..„.....7„.„.„.........„:„..„. - ,...,,,-. ,.,;,,,., : , - : •‘,. . ..,..,„ ,t,„ge.:,-' . . //II'i., . ,,„,, „3.;„...:4/4...,:,,,..,,.,,,,,, „.„. ....4.......„,,,,,t,...).:.:„.... . /„..- ..t ..„....... .. V,./..,.•.,4c.4.*g.-.,•.;:fil,"0-,,,,,• , ./., .0-61005 ',ill' * • 1/7:4.1''li '4109,1%,....,.... `!''•' ' ' ' •'...:';,;i0/47-''.'4"...... - 6 A .. . .. . . . ., i3 A . . . . ., . . , B3 R4 t. • „ i . • .. . ,... . .„. .„.......„,,, . . ..,,,,,.1.,,, •, _ ..• -' S A . ,,,--------'-' Iii,- i;40 • . R4 B2 . ... . . , . . . , .. , „..;, R2 ,. . f i. t .., . ; . : R 4 • --------....._ ,. , . 11 , ii. , a '..: . , . . , . . : . . , . , t JAN 26, 1981 January 23, 1981 .;CITY OF nHAKO EE Shakopee Common Council 129 E. 1st Avenue Shakopee, Minnesota 55379 RE: Outlot A, Wermerskirchen' s Second Addition Except the Westerly 107.22 feet. Dear Councilpersons, A few months ago I had requested that 5th Avenue between Filmore St. and Main St. be extended and include sewer, water, curb and bituminous road. As I was 3 feet short of the minimum amount of property owned, the petition was denied. I had discussed this problem many times over the years. I perfer having single family lots however, if the governing body will not go ahead I then request rezoning for a multiple dwelling. Your consideration will be appreciated. Sincerely, /' / J, Eugene A. Brown 927 S. Lewis Street Shakopee,Minn. 55379 S) a., ORDINANCE NO. 53 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SHAKOPEE CITY CODE, CHAPTER 2, SECTION 2. 11 BY REPEALING SAID SECTION AND SUBSTITUTING A NEW CIVIL DEFENSE ORDINANCE AND ADOPTING BY REFERENCE SHAKOPEE CITY CODE CHAPTER 1 and SECTION 5.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION 2. 11 EMERGENCY PROVISIONS FOR CIVIL DEFENSE Subd. 1 Policy and Purpose A. Because of the existing and increasing possibility of the occurence 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 older to insure that preparations of this city will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, healthand safety, and to preserve the lives and property of the people of this city, it is hereby found and declared to be necessary: 1. To establish a city civil defense organization; 2. To provide for the exercise of necessary powers during civil defense emergencies at the time of a natural or man-made disaster; 3. To provide for the formulation of necessary plans and training to meet the requirements of the city missions; 4. 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. B. 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 government, of thisstate, 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 man- power, resources, and facilities for dealing with any disaster that may occur. . I.5.3}:i:>, I a' Subd. 2 Definitions A. "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 disaster 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, evacuation 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 incidential to preparation for a carrying out of the foregoing functions. B. "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. C. "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. Subd. 3 Establishment of Civil Defense Agency A. There is hereby created within the City government a civil defense agency, which shallbe under the supervision and control of a Coordinator of civil defense, hereinafter called the Coordinator. The Coordinator shall be appointed by the Council for an indefinite term and may be removed at any time. The Coordin- ator may be compensated at a rateto 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, i subject to the direction and control of the Council. 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 - 2 - 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. Subd. 4 Powers and Duties of the Coordinator A. The Coordinator, with the consent of the Council of City Administrator, shall represent the city on any county, regional, or state organization for civil defense. B. 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. C. 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 activitiesof the City to the end that they shall be consistent and fully integrated with the civil defense plans of Scott County. D. In accordance with the state, county, and City civil defense plan, the Coordinator shall institute suchtraining 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. • E. The Coordinator shall utilize the personnel, services, equipment, supplies, and facilities of existing departments 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 - 3 - 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 responsible for the planning and programming of such civil defense activities as will involve the utilization of the facilities of this department or agency. F. The Coordinator shall, in cooperation with existing city departments and agencies affected, organize, recruit, and train Fallout Shelter Managers, Radio- logical 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 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 identification furnished by the City. G. 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 home- less persons. H. The Coordinator shall carry out all emergency orders, rules, and regulations issued by the Mayor, Governor, and Scott County through the Common Organization Contract, pertaining to civil defense. I. The Civil Defense Coordinator shall direct and coordinate the general operations of all local civil defense forces during a civil defense emergency in conformity withcontrolling 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. J. 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 represent- ation at the center by municipal departments and agencies, public utilities and other agneciesauthorized by Federal or State authority to carry on civil defense - 4 - a1'u'.fL d9i riPAW4 8t- h emergency. K. During the first 30 days of a civil defense emergency, if the Legis- lature 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, applicances, or any other property, subject to the owner's right to just compensation as provided by law. Subd. 5 General Provisions on Civil Defense Workers A. Civil Defense volunteers shall'be called into service only in case of a civil defense emergency or a natural disaster for which theregular municipal forces are inadequate or for necessary training and preparation for such emergencies. All volunteers shall serve without compensation. B. Eachcivil defense volunteer shall be provided with such suitable insignia or other identification as may be required by the Coordinator. Such identification shall be in a form and style approved by the Federal government. No volunteer shall exercise any authority over the person except an authorized volunteer shall use the identification of a volunteer or otherwise represent himself to be an authorized volunteer. C. No civil defense volunteer shall carry any firearm while on duty except on written order of the chief of the police department. D. 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. Subd. 6 Emergency Regulations and Succession A. 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. hi • B. 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, - 5 <: -- VLAZiaillatkae „.,.-e 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 I regulation, trial drills, or practice periods required for preliminary training; and all other matters whichare required to protect public safety, health, and welfare in civil defense emergencies. C. 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 Administrator'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 immediately or at such later time as may be specified in the proclamation. By like proclamation, the mayor may modify or rescind any such. regulation. D. The city council may rescind any such regulation 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 promulgated by themayor shall be suspended during the period of time and to the extent that such conflict exists. During the civil defense emergency, the city is, notwithstanding any statutory or charter provision to the contrary, empowered, throughits governing body acting within or without the corporate limits of the city, to enter into contracts and incur obligations necessary to combatsuch disaster by protecting the health and safety of persons and property, and providing 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 - 6 - .� 6. Ce• 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. E. 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 procedures, but all claims resulting therefrom shall be audited and approved by the council as in the case of other purchases and contracts. F. In the event of a nuclear attack upon the United States or a natural disaster or any other emergency affecting the vicinity of the city, the Mayor, the City Council and the City Administrator shallbe forthwith notified by anyone of the said persons and by any means available to gather at the emergency operations center. Those gathered shall proceed as follows: 1. By majority vote of those present,regardless of number, they shall elect a chairman and secretary to preside and keep the minutes respectively. 2. They shall review and record the specific facts relating to nuclear attack or natural disaster or other emergency and injuries to persons or damage to property already done-or the imminence thereof. 3. By a majority vote of those present,regardless of number, they shall fill all positions on the council, including the office of Mayor, of those personsupon whom notice could not be served or who are unable to be present. 4. Suchinterim succession shall serve until such time as the duly elected official is again available and returns to his position :or the state of emergency is past and a successor is designated and qualified as required by law which ever shall occur first. Subd. 7 Civil Defense Agency Procedure A. 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 7 - 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 financ- ial 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. Subd. 8 Fallout Shelter in Public Structures A. It is the policy of the City that fallout shalters be incorporated in all public buildings owned by the City to the fullest extent practicable in order to provide protection against radiation in the event of nuclear attack. B. The city council shall require that all contracts for the design or construction of such public buildings, including additions to or alterations of existing structures, incorporate fallout protection for at least the normal antici- pated daily population of the building. The fallout shelter protection provided for shall meet or exceed theminimum space and fallout protection criteria recom- mended by the Federal Emergency Management Agency, unless exempted' from such shelter requirement as provided in Subdivision 3. C. 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 additional cost in the construction of such structure in excess of 1% of' th.e estimated cost thereof without shelter so incorporated, or if it finds that other factors. make unnecessary or impracticable the incorporation of fallout shelter in such structures. Subd. 9 Conformity and Cooperation with Federal, State and County Authority A. 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 perform- ance 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 inoperative so far as there is any conflict therewith. ' - 8 - B. 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. Subd. 10 Civil Defense a 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 not 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. Subd. 11 Participation in Labor Dispute or Politics The civil defense agency shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute. Subd. 12 Repeal Section 2.11 "Interim Emergency Succession and Civil Defense" Chapter 2, of the Shakopee City Code is hereby repealed. Subd. 13 Adopted by Reference The general provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Subd. 14 When in Force and Effect After the adoption, signing and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on the day after the date following such publication. - 9 - 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 Administrator Prepared and approved as to form this 28th day of January, 1981. 4111 Juli s A. Coller, II City Attorney I?. II 4c;;;: aa L .. zf$1 ;,s. ,:.; ..wa. iil#±asa.us Il sAIII ORDINANCE NO. 54 FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SHAKOPEE CITY CODE, CHAPTER 6, ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" BY ADDING TO SECTION 6.24(3) A NEW PARAGRAPH (C) ESTABLISHING AN ANNUAL LICENSE FEE FOR NON-TRANSCIENT THEME PARKS AND ADOPTING BY REFERENCE SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 11. 99. THE CITY COUNCIL OF THE CITY OF SHAKOPEE ORDAINS: SECTION I . The Shakopee City Code, Chapter 6 is hereby amended by adding to Section 6.24(3) a new Paragraph (C) establishing an annual license fee. for non-transcient theme parks as follows: "C. There shall be and hereby is established an annual license fee for any non-transcient theme park in the City of Shakopee in an amount to be set by Resolution to be adopted by the City Council on or before April 1 of each year starting April 1, 1981, and to be paid on or before the following May 1. Said license fee shall be directly related to the increased costs anticipated by the City of Shakopee as a result of the operation of said theme park. " SECTION II. Adoption by Reference. General provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 11. 99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION III. When in Force and Effect. After the adoptiong, signing and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: City Administrator Prepared and approved as to form this day of , 1981 . Julius A. Coller, II City Attorney RESOLUTION NO. A RESOLUTION FIXING THE AMOUNT OF THE ANNUAL LICENSE FEE FOR NON-TRANSCIENT THEME PARKS IN THE CITY OF SHAKOPEE PURSUANT TO ORDINANCE NO. , FOURTH SERIES WHEREAS, the Shakopee City Council heretofore has passed Ordinance No. , Fourth Series, entitled "An Ordinance of the City of Shakopee, Minnesota, amending Shakopee City Code, Chapter 6 entitled 'Other business regulations and licensing' by adding to Section 6.24(3) a new paragraph (C) establishing an annual license fee for non-transcient theme parks and adopting by reference Shakopee City Code Chapter 1 and Section 11. 99" and WHEREAS, pursuant to said ordinance the Shakopee City Council after being fully advised in the matter and taking all things into consideration has set the fee hereinafter set forth as the annual license fee for any non-transcient theme park in the City of Shakopee for the year beginning April 1, 1981. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL in meeting assembled that the Council does hereby set and fix the annual license fee for any non-transcient theme park in the City of Shakopee for the year beginning April 1 , 1981, at $ ) per year. BE IT FURTHER RESOLVED that said annual license fee shall be paid in full on or before May 1 , 1981. Passed in session of the Shakopee City Council held this day of , 1981. Mayor of the City of Shakopee ATTEST: City Administrator Prepared and approved as to form this day of , 1981. Julius A. Cotler, II City Attorney EE i Sifter,,.fCITY O F S K P ¢; fir;. -•�• � : 129 East First Avenue, Shakopee, Minnesota 55379 -ti../ 7US MEMO TO: John K. Anderson, City Administrator FROM:_ LeRoy Houser, City Bldg. Inspector SUBJECT: Valley Fair License Fee DATE: January 27 , 1981 INTRODUCTION As I have indicated in the past , the fees collected from Valley Fair do not cover the c:o:IL:. or .services and time this Department provides to them when taking into consideration: 1 . Office Rent & Utilities 2 . Time in field 3. Apportioned secretarial time 4 . School costs 5. Legal time spent relating to Valley Fair' s litigation problems . 6. Equipment operating costs 7. Equipment reserve for replacement costs 8 . Printing costs 9 . Employer benefit package costs. CONCLUSION & RECOMMENDATION In order to cover costs, both direct and indirect , I propose the following license fee schedule for 1981 Building License & Inspection lee ' Cil 10.00 Anticipated Revenue 350.00 Major ride license & Inspection Fee @ 250.00 Anticipated Revenue 4500. 00 Total Anticipated Revenue $4 , 850.00 LH: plk City of Shakopee POLICE DEPARTMENT g . 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 TeL 445-6666 January 27 , 1981 Mr. Rod Krass Assistant City Attorney 1221 East 4th Avenue Shakopee , Minnesota 55379 Dear Rod: The following costs were incurred by the Shakopee Police Depart- ment for providing service to the Valleyfair Amusement Center . The cost of providing one patrol officer and vehicle is $28 . 07 per hour . The average length of man hours per call was 1. 5 and includes such variables as additional officers, processing and documentation, and custody of arrested persons awaiting a re- sponsible person . 1979 = 144 requests for service and arrests 144 x 1 . 5 x $28 . 07 = $6,063 . 12 1980 = 143 requests for service and arrests 143 x 1 . 5 x $28 . 07 = $6 , 021 . 01 Sincerely, yr �1., I - I �'?�r:!- J•Vit'//', Thomas G. Brownell CHIEF OF POLICE TGB:dmh 170 cSezve P of ct S)C., ORDINANCE NO. 55 New Series AN ORDINANCE ADDING NEW PROVISION TO SECTION 6.24 OF THE CITY CODE 0' AND REPEALING CERTAIN PROVISIONS THEREOF ALL REGULATING AND LICENSING, INSPECTION AND MINIMUM INSURANCE COVERAGE FOR CERTAIN SKI LIFTS, AMUSEMENT RIDES, AND AMUSEMENT ATTRACTIONS BEFORE THEIR OPERATION WITHIN THE CITY OF SHAKOPEE, SCOTT COUNTY,MINNESOTA AND PRESCRIBING PENALTIES FOR THE NON-COMPLIANCE HEREOF PREAMBLE WHEREAS, The Shakopee City Council has determined that the unsupervised operation of ski lifts, amusement rides and amusement attractions as defined herein, poses a substantial threat to the health and safety of the attending public, who may be harmed by improperly designed or maintained rides, or amusement attractions or supporting equipment, and that the threat of such harm may be substantially reduced by a system of licensing and inspection of such enterprises by public officers to insure the compliance with recognized standards c. of safety. 0 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: PART A: LICENSES AND INSPECTIONS Subd. 7, Definitions: As used in this Ordinance, unless the context otherwise requires: A. "Amusement Attraction's means any building or structure around, over or through which people may move or walk, without the • aid of any moving device integral to the building or structure, whose 0 principal purpose is to provide amusement, pleasure, thrills or excitement. B. "Amusement Ride" means any mechanized device or combination of devices which carries passengers along, round or over a fixed or restricted course for the purpose of giving its passengers amusement. C. "Amusement Park" means a tract, structures, area and equipment, including electrical equipment, used principally as , •,.LlaaaZidtiftgabaltiattALM4410.Atik s .. _._ ..,. .. .... _ _ .....>'_ ...._ _ . .._...__. - 7,r; - 2 - ir) • a location for supporting amusement rides, amusement devices and concession booths. D. "Annual Inspection" is the official inspection of a ride or device made by the Building Official or his authorized repre- sentative. E. "Building Official" means principle inspector responsible to the City of Shakopee. F. "Carnival" means an enterprise offering amusement or entertainment to the public in, upon, or by means of amusement devices or rides or concession booths. G. "Concession Booth" means a structure, or enclosure, located at a fair or carnival or amusement park from which amusement and/or services, souvenirs, food, or other commerce items are offered to the public. H. "City" means the City of Shakopee or its designee. I. "Factor of Safety" or "safety factor" means the ratio of the ultimate or breaking strength of a member or piece of k�. material to the actual working stress or to the maximum per- missable or safe load stress when in use. J. "Fair" means an enterprise principally devoted to the exhibition of products of agriculture or industry in connection with the operation of amusement rides or devices or concession booths. K. "Load design" or "design load" means the load established by the design engineer for normal operation plus acceptable factors of safety. L. "Major alteration" is a change in the type or capacity of an amusement ride or device or a change in the structure or mechanism that materially affects its function or operation. • This includes but is not limited to changing its mode of transpor- tation from non-wheeled to a truck or flat-bed mount, and changing its mode of assembly or other operational functions from manual to mechanical or hydraulic. 3 V V M. "Major breakdown" means a stoppage of operation from whatever cause resulting in damage, failure or breakage of a stress bearing part of a ride or device. N. "Operator" means a person, who owns or controls or has the duty to control the operation of an amusement park, carnival, or fair. "Operator" includes an agency of the state or any of its political subdivisions. 0. "Rated capacity" is a capacity established by the design engineer for the normal loading and operation or a ride or device, or in absence thereof, as established by the Building Official after inspection and determination. P. "Ride Operator" is a person or persons causing a ride or amusement device to go and stop or perform its entertaining function. Q. "Ski lift" means any mechanical device or combination of devices which carries passengers over a fixed course for the purpose of transporting the passengers to or from a place where some skiing may commence. Subd. 8, Administrative Procedures: All of the provisions of the City of Shakopee Administrative Procedures Ordinance relating to: definitions, license and permit provisions; duties of the Office; license application and processing; suspensions and revocations; separability; provisions cumulative; shall apply as if fully set forth herein. Subd. 9, License required: No person shall operate a ski lift, ride, amusement device or concession booth at a fair, amusement park, or carnival in this City which is not licensed. A. Application. On or before the first of January of each year, any person required to obtain a license by this Section shall apply to the City for a license on a form furnished by the City which form shall contain such information as the City may require. - 4 - The City may waive the requirement that an application for a license must be filed on or before the first of January of each year if the applicant gives satisfactory proof to the City that he could not reasonably comply with the date requirement and if the applicant promptly applied for a permit after the need for a permit is first determined. B. Issuance of License. If, after inspection, an amusement device, ride, concesssion booth, or ski lift and related electrical equipment is found to comply with the rules set forth in Part B of this Ordinance, the Building Official shall, upon payment of the license fee and the inspection fee, and after the applicant has filed with the City a certificate of insurance in conformity with Subdivision 7, issue a license for the operation of the amusement device or ride, concession booth, or ski lift. C. Fees. Application and I.,i_cense Fees shall be established by resolution of the City Council. D. Insurance. No operator shall be issued a license under this Section unless he first obtains an insurance policy in an amount to be established by the City Council, but not less than 51,000,000.00 combined single limit insuring the operator against liability for injury or death. E. Expiration. All licenses issued under this Ordinance shall expire on December 31 of the year issued. F. Revocation - Suspension. Licenses may be revoked, sus- - pended or summarily suspended in accordance with the provisions of Section 2.00 of this Ordinance. Subd. 10, Inspection: A. Annual Inspection Required. For the purpose of determin- ing if a ski lift, ride, amusement device, or concession booth, is in safe operating condition and complies with the rules set forth at Part B of this Ordinance, each ski lift, ride, amuse- ment device, or concession booth, and related electrical equipment, - J — shall be inspected by the Building Official and when required, the State Electrical Inspector before it is initially placed in operation in this City. B. Identification Symbol. After a ski lift, ride, booth, or device has Passed inspection, the Inspector shall issue an identification symbol which shall be affixed to a basic part of the ski lift, ride, device or booth in such a manner as to be readily accessible to the inspector. If a ski lift, ride, device or booth is sold, rebuilt or undergoes major alteration, it shall be reinspected, and upon passing inspection, a new identifi- cation symbol shall be issued. If a ride or device is sold or undergoes major alteration the symbol shall be obliterated. If an identification symbol is mutilated so that it is no longer legible, the operator shall notify the City and a replacement shall be issued. C. Scheduling of Inspections. Upon receipt of the applica- tion for a license, an inspector will be assigned to make the required annual inspection. When an emergency booking makes the first of January application impossible, the owner shall notify the City of the booking by telephone or other means of immediate communication and confirm this notice in writing. The City may schedule and arrange for inspection of the rides and devices and the issuance of a permit to operate as will best serve the needs of the public. D. Alterations - notice required. If, after inspection, additions or alterations are contemplated which change a structure, mechanism, classification or capacity, the operator shall notify the City of his intentions in writing and provide any plans or diagrams requested by the City. E. Waiver of Inspection. The City may waive the require- ment that a ski lift, amusement device, ride or concession booth or any part thereof be inspected before being operated in this City zatwastampaimal alsommanctS f aatioaitamostaftvittstaisrolamitatitiss,A. - 6 - if an operator produces satisfactory documented proof to the City that the amusement device, ride, ski lift or concession booth has passed an inspection conducted by a public or private agency within the six months immediately preceding the time of the applica- 1 tion, whose inspection standards and requirements are at least as rigorous as those established by this Ordinance. The annual license (to include the inspection fee) shall be paid before the City may waive this requirement. F. Inspector - Powers. The Building Official or his repre- sentative is authorized: 1. Entry: To enter without delay, and at any time any assembly area or other area where ski lifts, amusement rides, amusement devices and concession booths are stored, assembled, used, manufactured or modified. 2. Orders: To order, in writing, a temporary cessa- tion of operation of any ski lift, amusement device, ride or concession booth or related electrical equipment if it has been determined by inspection to be hazardous or unsafe. Operation of the ski lifts, amusement device or ride, con- cession booth or related electrical equipment shall not resume until the unsafe or hazardous condition is corrected to the satisfaction of the City. Subd. 11, Mechanical failure reports: The operator shall immediately report to the Building Official a major breakdown after occurrence of the incident by telephone or other media of immediate communication. The operator shall confirm this report in writing within forty-eight (48) hours. Upon being advised of such an incident, the Building Official or his authorized agent, after reviewing the circumstances, may order the ride or device to be withheld from operation, and in such cases the Building Official shall conduct an immediate investiga- tion. The ride ordevice shall be released for repair and operation only after the complete investigation by the Building Official. • - 7 - � � V Subd. 12, Safety Order: If an inspector finds a condition on the equipment which does not comply with the rules, he shall issue a safety order requiring that the condition be corrected within a time limit. This time limit will be established at the time of the inspec- tion by the Building Official. Although a time limit may be estab- lished for the completion of the work required under the safety order, this work should be done as quickly as possible. As soon as the work is finished the safety order shall be signed and mailed to the City. If the order is not returned within the established time limit or the Building Official is not informed of the reason why the time limit cannot be met, an inspector will be assigned to investigate the situation and take steps necessary to enforce compliance with the order. If a carnival amusement unit should leave the City before complying with the order and the certification of compliance is not mailed, a license to operate in a subsequent season shall not be issued until it is determined that all provisions of previous orders have been completed. Failure to comply with a safety order may result in revocation of the licenses issued pursuant to this Ordinance or prosecution for violation thereof. In a situation where an inspector discovers a condition which is a direct and immediate severe hazard to health or a direct and immediate danger to life, an inspector shall issue a safety order to stop the operation of an amusement ride, amuse- ment device or concession booth immediately. The operator shall eliminate the cause of hazard and obtain the approval of the Building Official prior to restarting the operation. Subd. 13, Daily inspections: Rides, amusement devices shall be inspected each day they are intended to be used. This inspection shall be made by the owner, his representative or the operator. Results of these daily inspections shall be recorded, and kept on file by the owner or operator, and made available upon request by the City. An owner or operator shall not knowingly use, or permit to be used, a ride or device which is not properly assembled or which is defective • - 8 - i or unsafe in any of its parts, controls or safety equipment. Subd. 14, Personal injuries and deaths: An operator shall report in writing to the City an accident resulting in injury to any person within forty-eight (48) hours after occurrence of the incident. The report of an accident shall be a duplicate copy of the report sub- mitted to insurance companies. The operator shall immediately report to the Building Official by telephone or by other means of communi- cation any accident in which a fatality occurs or a person suffers a • fracture, concussion, laceration or other traumatic injury requiring immediate surgical or medical care. The Inspector after consultation with the operator, may require that the scene of such an accident be secured and not disturbed to any greater extent than necessary for removal of the deceased or injured persons. If a ride is removed from is service by the Inspector, he may order an immediate investigation. The ride or device shall be released for repair and operation only after complete investigation. Subd. 15, Exemptions: The following amusement devices or rides or concession booths are exempt from the provisions of this Ordinance. A. Nonmechanized playground equipment including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climber, slides, trampolines, swinging gates and physical fitness devices except where an admission fee is charged for usage or an admission fee is charged to areas where such equipment is located. B. Kiddie rides and amusement devices such as, but not • limited to, model horse and model rocket rides, pinball machines and jukeboxes, that have individual self-contained wiring installed by the manufacturer, that operate on less than one hundred and twenty (120) volts, are designed to be coin activated, are located in or attached to permanent buildings subject to special inspections by the Building Official when conditions warrant it. .,,:.:.. . . ,Ar,,,.,,a s _,, ��.t2i444lorwaam,::.:.. _ 9 _ Subd. 16, Penalties: A. Any person who violates the terms of this Ordinance is guilty of a misdemeanor. B. Any person who interferes with, impedes, or obstructs in any manner the City or any authorized representative of the Building Official in the performance of his duties under this Section is guilty of a misdemeanor. Any person who bribes or attempts to bribe any Official or employee is guilty of a gross misdemeanor. p PART B: SAFETY RULES Subd. 17, Purpose and Scope: These rules establish minimum safety standards for the installation, repair, maintenance, use, operation and inspection of amusement parks, amusement rides, concesion booths and ski lifts. Subd. 18, Rides and Amusement Devices: A. Design Criteria. Structural materials and construction or rides and devices shall conform to recognized engineering practices, procedures, standards and specifications. The design, materials and construction features shall incorporate safety factors acceptable to the Building Official. B. Manufacturer' s analysis. Before a new amusement ride or amusement device is put into operation for the public' s use, or whenever any additions or alterations are made which change the structure, mechanism, classification or capacity of any ride or device, the operator shall file with the City a notice of his intention and shall furnish design data, safety factors, materials utilized, stress analysis and other pertinent data deemed necessary • by the Building Official. This information shall also be furnished t by an operator for existing rides and devices if required by the Building Official. Such stress analysis and other data pertinent - 10 - 't to the design, structure, factors of safety or performance characteristics shall be in accordance with accepted engineering practices, acceptable to the Building Official and written in English. Such data may be requested for, but not limited to, the following materials, parts or components of rides oratvices: Structural materials, including bars, cables, chains, ropes, rods, tubing, pipes, girders, braces, fittings, fasteners, trusses, pressure vessels, pressure piping, gears, clutches, '' speed reducers, welds, bearings, couplings, carriers, such as tubs, cars, chairs, gondolas or seating and carrying apparatus of any description; axles; hanger; pivots; safety bars, belts, harnesses, chains, gates, or other restraining, containing or retaining devices. Data shall be furnished at the request of the Building Official concerning forces generated by accelera- tion or deceleration, centrifugal action, inertia or other forces either constant, reversible or eccentric . C. Rating. Manufacturers shall identify the capacity of an amusement ride or amusement device in terms of number of passengers and operating speed. This information may be included on the City identification symbol. D. Seating and carrying devices. Tubs, cars, chairs, seats, gondolas and other carriers used on rides or devices shall be designed and constructed as strong as practical. Their interior and exterior parts with which passengers may come in contact shall be smooth, rounded, free from sharp, rough or splintered edges or corners, and with no protruding screws or projections which might cause injury. Parts upon or against which passengers might be thrown by action of the ride shall be adequately padded to prevent or minimize the possibility of injury. Propellors or other moving parts or decorations attached to tubs, cars, chairs, seats, gondolas and other carriers shall be securely fastened to such equipment and keyed or otherwise secured so that - 11 - they cannot come off during operation of the ride. Vanes, canopies or other attachments which become disengaged shall be secured with safety straps to prevent their flying away in case of breakage or dislocation. E. Speed limiting. An amusement ride or amusement device capable of exceeding its maximum safe operating speed shall be provided with a maximum speed-limiting device. Steam engines that require an overspeed throttle setting to initiate operation are exempted. F. Brakes and stops. On a ride or device where coasting renders the operation dangerous, either during the period while the ride or device is being loaded or unloaded or in case of power failure or other unforeseeable situation, a method of braking shall be provided. Where rollback may cause injury, e' anti-rollback devices shall be provided. G. Retaining safety devices. Tubs, cars, chairs, seats, gondolas or other carriers on a ride that depend upon a single • means of attachment or support shall be equipped with safety retainers to prevent a carrier, if it becomes disengaged from its support or attachment, from being catapulted from the ride and to prevent any action of the carrier which might throw the occupants from the carrier. This rule only applies to rides, a ride design or situations determined tote hazardous by the Building Official. H. Restraining and containing safety devices. Safety belts, harness chains, bars, or other mechanisms designed and utilized for physical support, retention or restraint to the passenger of a ride or device shall be designed, constructed and installed to withstand impact and forces of a minimum of eight hundred fifty pounds (850 lbs. ) per passenger. On a ride or a ride design where, after inspection by the Building Official, it is deemed necessary to install safety devices to prevent accidental or inadvertent dislodgement of a passenger from any :.:w, - 12 tub, car, chair, seat, gondola or other carrier, a containing device shall be installed to withstand the design loads. I. Chains. Chains with certified load carrying capacities may be utilized for safety devices or in stress bearing applica- tions. Twisted wire or stamped chain shall not be used. J. Lock-out. A means shall be provided for locking out or securing rides or equipment for maintenance, repair or inspections. This can be a padlock latch on the master switch. K. Signal systems. Signal systems shall be provided and utilized for controlling, starting and stopping of a ride or device when the operator of the ride or device does not have a clear view of the point where passengers are loaded or unb aged. Where the need for coded signals is required, the code of signals adopted for operation of the ride or device shall be printed and kept posted at both the operator' s and signal man' s stations. Persons who use the signals shall be instructed in their use and shall be trained to understand thoroughly their operation and meaning. Signal systems shall be tested on each day prior to operation of the ride or device. A ride or device requiring a signal system shall not be operated if the system is not per- forming correctly. L. Machinery and Machine Guarding. 1. General requirements. One or more methods of machine guarding shall be provided to protect the public from injury. An example of double guarding is public barriers and gear shielding. Guards shall be fixed to the machine where possi- ble and secured elsewhere if for any reason attachment to the machine is not possible. The guard or barrier shall be such that it does not offer an accident hazard in itself. Barriers shall be securely staked or sandbagged to prevent movement or tipover by the public falling, pressing, or stumbling against . them. The barriers shall be located to - 13 - keep the public at least six feet away from the ride. Ride entrances shall have a passenger waiting line retain- ing chain, bar, gate or device. All machinery designed for a fixed location shall be securely anchored to prevent walking or moving. All rides containing or having a mounting mountings that would catch, wind up or entangle long hair shall have attached adequate guards. 2. Mechanical power transmission. All power trans- mission devices and associated moving parts shall be shielded, enclosed or barricaded to protect the public in accordance with 29 C. F.R. , Chapter XVII, Part 1910 subpart 0-Machinery and Machine Guarding, Paragraph 1910.219--Mechanical Power Transmission Apparatus as published at 39 Federal Register 23728 (June 27, 1974) . M. Supports and Leveling. 1. Temporary ride. A ride shall be placed on solid footings, be secured to prevent shifting, tipping, swaying or erratic motion. No cement, brick or similar type blocks shall be permitted. The provision pertinent to erratic motion or sway does not apply to a ride designed to permit flotation characteristics or flexibility. Use of shim blocks shall be kept to a minimum. Depressions in the ground near the ride footings shall be filled and tamped and adequate means of drainage provided to prevent water from collecting and softening supporting areas in case of rain. The area surrounding the ride shall be clear and kept free from trash and tripping hazards. A daily inspection of the ride motion and footings shall be made. 2. Permanent ride. A ride permanently erected in an amusement park shall be set on properly designed and construc- ted foundations or footings and secured to these footings in a manner to prevent shifting, tipping, swaying or erractic - 14 - motion. Cement, brick, or similar type blocks shall not be permitted. The provision pertinent to erratic motion or sway does not apply to a ride designed to permit flotation characteristics or flexibility. Use of wood blocks shall be kept to a minimum. 3. Leveling and alignment. Corner posts, central columns, or support structures of a ride designed to operate on a perpendicular axis shall be plumb and secured so that the path of the sweeps or platforms shall be level and operate on a true horizontal plane at right angles to the axis of the pivot. A ride whose carriers are designed to operate on a horizontal axis shall be leveled so that the carriers will orbit in a true perpendicular plane. The base of a ride employing a combination of orbiting plans or a ride whose carriers operate normally in plane other than true horizontal or vertical shall be leveled and plumbed and secured so that they will not tip or shift and will be stable under the most adverse operating conditions, except for a ride designed to permit flotation character- istics or flexibility or designed to operate properly whether the base is plumb or not. 4. Ride Operators. A ride or device shall be operated by a compentent ride operator trained for the duty. The ride operator of a kiddie ride or device designed for the exclusive use of children shall be at least sixteen (16) V years of age. For all other major rides or devices an operator shall be at least eighteen (18) years of age. A ride operator shall have knowledge of the use and function of all normal operating controls, signal systems and safety devices applicable to the ride or device and of the proper use, function, capacity and speed of the particular ride or device which he is operating. A ride operator shall ' b have complete control of the ride or device at all times that it is being operated for the public ' s use. When the ride or device is shut down provision shall be made to prevent operation by the public. No person other than a trained ride operator shall be permitted to handle the controls of a ride or device during normal operation except where it is designed to be controlled by the passenger. 5. Overspeeding and overloading. A ride or device shall not be loaded beyond its rated capacity nor shall it be operated at an unsafe speed or at any speed other than that prescribed by the design engineer or manufacturer. When this information is not obtainable, the criteria for safe operating speeds and rated capacity will be established by the Chief Inspector. 6. Emergency passenger removal. The operator shall insure that there exists in the immediate vicinity a device or devices (for example; ladder, fire truck, or hydraulic chair lift) which are available for emergency removal of passengers from elevated amusement rides or amusement devices that will not operate. 7. Master Switch. Each electrically operated ride not designed to be controlled directly by the public shall be provided with a disconnect power switch placed within unobstructed reach of the ride operator. Subd. 19, Electrical Systems: A. Power Lines. Clearances except where electrical distri- bution and transmission lines have been de-energized and visibly grounded at point of work, operation or where insulating barriers, not a part of or attachment to the equipment, ride, structure or machinery, have been erected to prevent physical contact with the lines, equipment, or ride or machines shall be operated proximate to power lines only in accordance with the following: 16 1. For lines rated fifty kv or below, minimum clearance between the lines and any part of a lifting crane, ride structure or equipment shall be ten feet. 2. For lines rated over fifty kv, minimum clearance between the lines and the lifting crane, ride, structure or equipment shall be ten feet plus 0.4 inches for each kv over fifty. 3. During assembly or disassembly a person shall be ;' designated to observe clearance of the equipment and give timely warning for all maneuvers where it is difficult to maintain the desired clearance by visual means. D. National Electrical Code. Electrical conductors and electrical equipment installed and utilized on or around permanent and temporary amusement parks and amusement rides shall conform to National Electrical Code, NFPA Number 70-1975. The Rules of this Subdivision are supplemental to the National Code. If any conflict exists or appears to exist, the National Electrical Code shall have precedence. C. Installation. Portable electrical systems required by temporary amusement rides or devices and temporary structures shall be installed by a qualified electrician. D. Grounding. A carnival shall not operate until all grounding electrode conductors, equipment and safety grounding connections are secured, polarized and tested. The grounding conductors shall conform to the National Electrical Code, MFPA Number 70-1975, Article 250-Grounding, Paragraphs 250-94 Size gF of Alternating Current Grounding Electrode Conductor and 250-95 Size of Equipment Grounding Conductors. The path to ground from circuits, equipment and conductor enclosures shall be permanent and continuous and shall have ample carrying capacity to conduct currents liable to be imposed on it, and shall have impedence sufficiently low to limit the potential above ground - 17 - and to facilitate the operation of the overcurrent devices in the circuit. E. Service ground. Equipment or generators operating from a separate supply or supplies which are located closer than eight feet (8) and all service equipment within itself shall be bonded together. The service ground shall be established by connect- ing the grounding conductor to the service entrance neutral bar in the hot truck or generator and to an approved type service grounding conductor to the service entrance neutral bar in the hot truck or generator and to an approved type service grounding electrode such as ground rods. If 25 ohms or less is not ob- tained by a single grounding electrode such as a ground rod plate or pipe it shall be augmented by one additional grounding electrode of the type permitted by code. F. Circuit and equipment safety. From the service entrance neutral bar, the circuit grounded and equipment safety grounding conductors shall be continuous and separate throughout the entire system. The portable outlet and terminal boxes shall contain a service ground through grounded receptacles for both circuit and safety. The equipment safety grounding conductors shall be attached to each ride, device or concession booth such that im- pedance is sufficiently low to limit the potential above ground and to facilitate the operation of the overcurrent devices in the circuit. Separate steel tracks or steel framework, such as roller coaster tracks or big slides, shall have grounding the same as service equipment. G. Current limiting devices. Conductors shall be fused or protected to their current carrying capacities. No more than six disconnect switches are to be in the hot truck or generator unless a main switch is provided. All distribution lines from hot trucks or generators shall be either 100 amp or 200 amp capa- city. No fuses or current limiting devices shall be installed - 18 - 84 C/v in the neutral or grounding conductors. Motors and lighting circuits shall be fused separately. H. Concession booth wiring. Concession booth overhead wiring may be done with approved Type C brewery cord (not smaller than No. 12 with a built in tracer for identification of the 8 neutral wire) and weatherproof, pigtail lamp sockets, polarized, soldered and taped to the brewery cord with polarized male cord cap on the end that plugs into the current supply. Approved type pin sockets are acceptable when used on stranded conductors. Lengths up to forty feet (40) may be used without a messenger support wire provided the tie off on each end terminates in an insulating block or knob. S.O. cord sets may be used. Cord sets not to be installed lower than eight feet (8) except where they are not accessible to the public. Other concession booth wiring methods suitable for the condition of use. Portable wiring methods are covered specifically by Article 400 of the National Electrical Code, NFPA Number 70-1975; Section 305 shall also be utilized. If lamps and long sockets are lower than eight feet (8) they shall be guarded and grounded. I. Bus bars. Bus bars shall be located low or near the bottom of the cabinet. Separate bus bars shall be provided for grounding neutral and phase conductors. Color codes painted on inside and outside of box, but not on contact surfaces of bus bars, are to be: GROUND - Green or Green with 1st phase - Black Yellow Strip 2nd phase - Red 3rd phase - Blue NEUTRAL - White or Natural Gray On a four win delta-connected secondary, the phase conductor having the higher voltage to ground shall be orange. These color codes are to carry on through all connected wiring from service through portable power outlet and terminal boxes. Buses shall not be less than 200 ampere capacity. The load terminals in a - 19 - switch-board or panel board shall be located so that it will be unnecessary to reach across or beyond a live bus (hot bus) to make a local connection. J. Portable Power, Terminal Boxes, Supply Cords, and Cables. 1. Portable power outlet and terminal box. Boxes are to be rain tight and kept locked during the time when the general public is in the area. Wood boxes may be used if insulated on all sides with fire resistant material or painted with insulating varnish. The service power shall be connected to the box by receptacles mounted on the exterior walls which includes the safety grounding. The distribution within the box shall be accomplished by neutral terminal bar(s) and circuit breakers or fuses. The branch circuits which include the equipment safety grounding shall obtain their power through receptacles mounted on the exterior of the box. The exterior openings of the receptacles must be at least six inches above ground level and provided with a protective cover, draining eve or canvas, that will avoid the possibility of rain on the receptacle. If it is required to run conductors directly through an opening on the wall of the box for additional service or to obtain required ampacity, the opening(s) shall be color coded and shall be sized to prevent public accessibility to the interior of the box. The fuses or breakers, in the boxes, shall be secured permanently in place, and all connections to the bus bars within the boxes to be made with threaded screws and lugs of the proper size to fasten wiring in Place. 2. Supply cords and cables. Portable or permanent cord or cable assemblies supplying power to the current limiting disconnect of a ride, concession booth, or device shall contain within the assembly a conductor of equal size for equipment grounding. All conductors within the - 20 - assembly shall not be smaller than #12 awg (American Wire Gage) wire and cords or cable assemblies purchased for this purpose after May 1, 1975, shall not be smaller than #10 awg wire. Current-carrying conductors within the assembly shall be protected with current limiting devices rated at or below the current carrying capacity of the conductors. K. Power Sources. Electrical power sources shall be located in a manner permitting proper maintenance and shall be protected either by guards, fencing or enclosure to prevent exposure to hazard and to secure the equipment from the public. L. Motors. Motors, Motor circuits and controllers shall r 4, be manufactured constructed and used in accordance with Article 430, National Electric Code NFPA 70-1975. Any motor operating with greater than 50 volts shall have its franiegrounded with a conductor which is connected to the service equipment grounding circuit. M. Safety Stop Circuits. Electrical safety stop circuits shall be closed circuits so that in case of power failure or malfunction of any element the system will cause the ride or device to which the circuit pertains to fail safe. Circuits shall be all metallic and ungrounded unless otherwise approved by the State Electrical Inspector. After actuation of a safety stop, the cause shall be determined and the situation corrected before operation of the ride or device is resumed. Safety stop circuits shall not be bypassed during operation. Subd. 20, Temporary Structures, Walkways, Layout: A. Operations - Location. The general layout shall be established such that continuous traffic patterns will exist. Box canyons formed by rides, devices and concession booths shall be avoided. The egress of a ride, device or booth shall not be located immediately in front of hazardous equipment. The layouts - 21 - shall be such to prevent traffic patterns through the concession booth backyards, and shall minimize traffic over any water lines and electrical lines. The intermingling of water lines and electri- cal lines shall be avoided. Long guy wires or narrow braces utilized for ride, device or booth support shall be clearly marked with streamers or other devices to attract attention when located in traffic patterns. B. Public Protection. Temporary booths shall not be located under aerial amusement devices. Temporary booths utilized for cooking food shall be located such that at least ten feet (10) of clearance exists on two (2) sides for the use of fire equip- ment or other emergency vehicles, and shall not be located within ten (10) feet of amusement rides. A minimum clearance of six (6) feet shall exist between an exterior ride and walls, building and other structures. At least twelve feet (12) of clearance shall be maintained between rides. C. Flame Resistance. All tents occupied for assembly, or those located within that portion of the premises used by the public and tents in places of assembly in or about which any devices using fuel are operated, and all tarpaulins and decora- tive materials used in connection with any of these, shall meet the appropriate requirements for resistance to fire prescribed in the Standard of Flame-Resistant Textile and Films, NFPA Number 701-1969. Safety nets shall be exempt from the above requirements for resistance to fire. The owner shall have a certificate or a test report from an approved testing agency or engineer indicating fire resistance rating is equal to or better than the above standard. D. Concession Booth Requirements. 1. General. Concession booths shall be designed so that bracing rods and the tie down ropes are not projecting in front of booth where the public can trip, stumble or run - 22 - into the braces or ropes. All front openings and awnings shall be designed with safety latching or safety pin devices that prevent the wind or crowds from forcing rings over pins, braces off from supporting studs or any other type of supporting device off its temporary structural mount. The concession booths shall be constructed to meet the requirements of standard for Tents, Grandstands, Air-Support- ed Structures. Used for Places of Assembly, MFPA No. 102- 1972, Section 5, Tents, Paragraph 52, Structural Requirements. Arm rests and seating devices shall be designed with adequate strength, smooth and round edges. No sharp material that can cut, puncture or scrape shall be utilized. 2. Hazardous. Concession booths shall not utilize normal hunting or other highpowered rifles or ammunition in shooting galleries. Specific gallery shooting or pro- pelling devices that utilize shells and pellets shall use a non-spattering soft non-ric ocheting bullet or shot designed and made for shooting galleries. Ricocheting into the public shall be avoided by side-reflecting absorbent wings or panels. Ricocheting out the back of the concession shall be prevented by adequate absorbing walls and sand- bagging or other types of banking along the bottom, rear and side edges of booths. The framework reflecting semi-hazardous devices, such as handballs and handdarts shall be constructed to prevent ricocheting or direct passage through the booth to the public. E. Walking surfaces, access and egress. Safe and adequate means of access to and egress from amusement rides, devices, concession booths, permanent structures and temporary structures shall be provided. The design, number, location and identifica- tion of exits shall be in accordance with the Standard for Tents, Grandstands and Air-Supported Structures Used for Places of Assembly, NFPA No. 102-1974, Section 7, Ways of Egress, and • - 23 - • Chapter 33 of the U.B.C. All passageways are to be kept free from debris, obstructions, projections and other hazards. All surfaces shall be such as to prevent slipping and tripping, and floors shall be kept free of protruding nails, splinters, holes and loose boards. Where mechanical handling equipment is used, sufficient safe clearances shall be allowed for passageways. F . Stairways, landings, and ramps. Adequate stairways or ramps and the necessary landings and platforms shall be provided 4 where people enter or leave a device, ride or structure that is above or below grade or floor level at entrance to or exit from such amusement. The design and construction of stairways, ramps and railings shall conform to Chapter 33 of the 1979 Edition of the Uniform Building Code. Review stands and bleachers shall conform to Chapters 7 and 33 of the 1979 Edition of the Uniform Building Code. All stairs with more than one step shall have standard handrails or railings on both sides regardless of width, and when stairways are eighty-eight inches or greater in width, a railing shall be placed approximately in the center. The construction of the standard railings and handrails shall be in accordance with the Table #23-B, Sections 3305 A-Q, 4407 (B) 33-6 A-G, of the Uniform Building Code. All queue lines, fences, etc. shall be 36" high with intermediate rails not more than 9" apart. Subd. 21, Maintenance: A. General. All equipment relative to amusement rides, amusement devices and concession booths shall be given periodic maintenance service. This shall include properly lubricating and cleaning machinery, engines and motors. Worn mechanical parts, padding material and cushioning shall be replaced and kept in a safe condition, and machinery shall be periodically inspected for loose fasteners. Lockout devices shall be engaged prior to inspecting or servicing a piece of equipment. The - 24 - upholstery shall be examined, and no loose or flapping portions of upholstery or decoration shall be permitted. Equipment and structure for amusement rides, amusement devices and concession booths shall be kept free from protruding nails, loose nails, splintered wood, loose and wobbly seats and rough, loose or dangerous arm rests. B. Wire Rope. 1. Replacement. Wire rope shall be thoroughly examined at regular intervals. Wire rope found to be damaged shall be replaced with new rope of proper design and capacity. Any of the following conditions shall be cause for rope replacement: a. In running ropes, six randomly distributed broken wires in one rope lay, or three broken wires in one strand in one rope lay. A rope lay is the length along the rope in which one strand makes a complete revolution around the rope. b. In pendants or standing ropes, (ropes bearing the entire load and subjected to constant pressure and surge shocks) evidence of more than one broken wire in one rope lay. c. Abrasion, scrubbing or peening causing loss of more than 1/3 of the original diameter of the outside wires. d. Severe Corrosion. e. Severe kinking, severe crushing, or other damage resulting in distortion of the rope structure. f. Heat damage resulting from a torch or arc caused by contact with electrical wires. g. Reduction from normal diameter of more than 3/64 inch for diameters up to and including 3/4 inch; 1/16 inch for diameters 7/8 inch to 1-1/8 inches; 3/32 C/ inch for diasters 1-1/4 inches to 1-1/2 inches. Marked reduction in diameter indicates deterioration of the core resulting in lack of proper support for the load carrying strands. h. Bird caging or other distorting resulting in some members of the rope structure carrying more load than others. i. Noticeable rusting or development of broken wires in the vicinity of attachments. If this condition is localized in an operating rope, the section in question can be eliminated by making a new attachment. This may be done rather than replacing the entire rope. 2. Splicing. Wire ropes used to support, suspend, bear or control forces and weights involved in the movement and utilization of tubs, cards, chairs, seats, gondolas, other carriers, the sweeps and other supporting members of a ride or device shall not be lengthened or repaired by splicing. 3. Fittings. Couplings, sockets and fittings shall be of a design and type approved by the Chief inspector and installed in accordance with the instructions or specifi- cations of the designer, engineer or manufacturer. 4. Rollers, Drums and Sheaves. The mechanical devices that brake, control or come in contact with wire rope, such as rollers, drums and sheaves shall be examined on a periodic basis to insure cleanliness and safe condition. Mechanical devices with broken chips, undue roughness or uneven wear shall be replaced immediately. C. Wood components. Footings, splices, uprights, track timbers, ledgers, sills, laps, bracing, flooring and all other wood components of rides, devices and structures shall be inspected . for deterioration, cracks or fractures. Emphasis shall be given - 26 - to insuring tight nails, bolts, lag bolts and other fasteners. • A minimum of eighteen inches of soil, with respect to grade, shall be removed around piling or wood members embedded in dirt for support to check deterioration. When wood piling requires replacement, ground level concrete piers shall be used. Wood members found to be defective shall be replaced with material of equal or greater strength and capacity. Repairs and replacements to fixed roller coasters shall be made in accordance with the recommendations of the manufacturer. D. Electric motors. Electric motors exposed to water shall be given a dielectric test at least annually to insure a safe operation and the results are to be kept with the carnival or in the amusement park. E. Relief devices. Pressure relief valves or devices shall be exercised on a periodic basis to insure that they operate properly. This includes compressed air and gas devices. F. Articulations and bearings. The articulating pinions, frames, sweeps, eccentrics and other mechanical members shall be inspected for wear, out of round, cracks and other signs of deterioration, and shall be kept in good repair. Bearing sur- faces, ball joints and other single or multiple direction mechanical surfaces shall be kept well lubricated, clean, and inspected for out of round or out of spherical and shall be kept in good repair. Gear alignment and gear drives shall be kept in good repair. G. Electrical wiring. Motor wiring, general .service circuitry, decorative wiring, festoon wiring, and concession stand wiring shall be inspected for insulation wear, fraying or other signs of deterioration such as cracking. Secure tape repairs may be used; however, use of tape repairs shall be kept to a minimum. Wire clips on articulating devices shall be kept in good repair and wires at elbows and at the end of articulating devices shall be emphasized during inspections. H. Safety devices. Retaining, restraining and containing devices shall be inspected to insure they can continously fulfill their function. Worn and damaged areas shall be repaired immediately or shall be cause for immediate replacement. I. Hydraulic systems. Such systems are to be checked for adequate fluid level, leaks, damaged pipes and worn or deteriora- ted hoses. J. Welding, cutting and brazinE. No welding, cutting, or brazing shall be accomplished where the public can directly observe the process or be hit by sparks or flying materials generated by the process. Any welding, cutting, and brazing accomplished when the general public is in attendance, shall be accomplished behind temporarily erected solid barriers. The ends of these shall be overlapped to prevent any direct exposure. If the operation cannot be shielded, the operator shall provide a means of keeping the public away from the point of work for a distance of thirty-five feet for all soldering, brazing, cutting, and gas welding up to one half inch, fifty feet (50) for all gas welding over one half inch and one hundred and fifty feet (150) for all arc welding utilizing electrodes un to 3.16 inch diameter. All larger arc welding operations shall be accomplished behind solid shielding or prior to or after public attendance hours. All compressed gas, compressed gas cylinders, electrical equipment and other apparatus associated with welding, cutting C. and brazing shall be stored, handled and meet requirements in accordance with 29 C. F.R. , Chapter XIII, Part 1926 subpart J -- Welding and Cutting as published at 39 Federal Register 22828 (June 24, 1974) . • Subd. 22, Miscellaneous Requirements: A. Weather, Fire and Riot. During a lightning storm, high wind storm, a period of tornado warning, severe storm warning, - 28 - fire, or when violence, riot or civil disturbance occurs or threatens in or is a direct threat to an amusement park, fair- ground or carnival lot, passengers shall be unloaded or evacuated • from a ride or device and the ride or device shut down and secured immediately. Operation shall not resume until the situation has returned to a normal safe operating condition. B. Medical and first aid. The operator shall insure the availability of medical personnel. In the absence of an infirmary, clinic or hospital in the proximity to the carnival, amusement park, or fairgrounds which is available for the treatment of the injured public , a person or persons who have a valid certificate in first aid training from the U. S. Bureau of Mines or the American Red Cross shall be available to render first aid. First aid supplies recommended by a consulting physician shall be easily accessible when required. The first aid kit shall consist of materials recommended by the consulting physician in a weather proof container with individually sealed packages for each type of item. The contents of the first aid kit shall be checked by the operator at each location stand or at least weekly at amuse- ment parks to insure that expended items are replaced. The operator shall insure that he has telephone numbers for doctor, hospital and ambulance service, and that these numbers are conspi- cuously posted. C. Fire protection. 1. Fire extinguishers. The operator shall provide adequate or insure that adequate fire protection equipment is available within and surrounding the temporary structures that are part of his show. The agent or agency responsible for the permanent structures shall provide or insure adequate fire protection equipment exists or is available for the permanent structures. The selection, placement and maintenance of fire extinguishers shall be in accordance with Standard - 29 - for the Installation of Portable Fire Extinguishers, NFPA Number 10-1974. 2. Flammable waste. An operator shall provide identi- fied covered metal containers for flammable waste such as oily rags and other flammable materials which shall be kept in easily accessible locations. Such containers shall be located so that they will not obstruct means of ingress or egress or aisles. 3. Alarm. The operator shall insure that he has a telephone number for the local fire department and that this number is conspicuously posted. D. Hazardous materials. The. owner shall store and handle liquid petroleum gases and flammable liquids in accordance with NFPA Standards No. 30. Bulk storage (quantities above fifty gallons) shall not be permitted in any area accessible to the public. E. Illumination. Access and exits to and from amusement rides and devices and temporary or permanent structures shall be provided with illumination by natural or artificial means of no less than five-foot candles measured at grade level. No less than ten-foot candles of illumination shall be provided at all work levels for assembly and disassembly of amusement rides and devices and temporary structures. F. Internal combustion power sources. Fuel tanks for internal combustion power sources should be of adequate capacity to permit uninterrupted operation during normal operating hours. Where it is impossible to provide tanks of proper capacity for a complete day, the ride or device shall be shut down and unloaded or evacuated during the refueling procedure. The fuel supply shall not be replenished while the engines are running. An enclosed area in which an internal combustion engine is operated shall be ventilated. Exhaust fumes from the engine shall be . - 30 C/ discharged outside the area. Internal combustion power sources shall be located in a manner and shall be protected either by guards, fencing or enclosure to prevent public exposure to hazard and to secure the equipment from the public. G. Compressed gas and air equipment. Air and gas compressors, tanks, piping and equipment shall be constructed and maintained to insure safe operation at all times. The equipment shall have safety relief devices and be inspected in accordance with 29 C.F.R. , Chapter XVII, Part 1910 subpart M--Compressed Gas and Compressed Air Equipment as published 39 Federal Register 23687 (June 27, 1974) . Equipment shall be inspected at least once a year. A record of each inspection shall be kept by the owner where the equipment is used and shall be made available on request by the City. H. Housekeeping. An adequate number of containers for refuse shall be provided in and around all amusement rides. and devices, permanent structures and temporary structures. Excessive accumulations of trash and refuse shall be promptly removed. All parts of amusement rides and devices, temporary structures and permanent structures used by the public shall be maintained in a clean condition. All walkways between amusement rides and devices shall be kept free fromdebris, obstructions and other hazards. Subd. 23, Repeal: A. Subd. 1 of Sec. 6.24 of the Shakopee City Code is repealed. B. Words "Non-transient, theme parks or amusement parks" are stricken from Subd. 2 of Section 6.24 of the Shakopee City Charter. C. Paragraphs A, C, and D of Subsection 3 of Section 6.24 of the Shakopee City Code are hereby repealed. - 31 - Subd. 24, Adotted by Reference: General provisions and defini- tions applicable to the entire City Code, including the penalty pro- visions of Chapter 1 and Section 11.99 entitled "Violation, A Mis- demeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Subd. 2�� Separability: It is hereby declared tote the intention that the several provisions hereof are separable in accordance with the following: If any court of competent jurisdiction shall adjudge any provision hereof to be invalid, such judgment shall not affect any other provision hereof, not specifically included in said judgment. Subd. 26, When In Force and Effect: After the adoption, signing, and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1981. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this day of January, 1981. Julius A. Coller, II City Attorney P I RESOLUTION NO._ 17.9.0 _. f A Resolution transferring Funds Authorizing the Payment of a Judgment Against the City and Authorizing A Special Levy to Pay Judgment - WHEREAS, As a result Of a suit by Link Brothers, Inc. against the City of Shakopee, a Judgment has been entered in favor of Link Brothers, Inc. and against the City of Shakopee in the sum and amount of $131,347.91 plus interests of $15,027.62 and costs and disbursements of $409.67 for a total of $146,785.20; and WHEREAS, Interebt accrues on said total amount of $146,785.20 at the rate of $46.78 per day starting January 6, 1981 and continuing at that rate until paid; and WHEREAS, it is expedient, good business and proper to pay said judgment, and obtain a satisfaction therefor at the earliest possible time; and WUEREAS, There are not sufficient funds readily available in the general Fund of the City of Shakopee to pay said judgment but there are monies available in the PIR- Fund and said law suit grew out of a public improvement program properly financed in part by the PIR Fund thus making use of the fund in the PIR account available for the above purpose. THER1FORE,' BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL in meeting assembled: 1. That the. City forthwith pay said judgment, principal and interest out of the general fund of the City of Shakopee as soon as may be. 2. That the sum and amount of $ ',/#90 02 .b) be borrowed from the PIR Fund and transferred to the General Fund to enable the payment of said judgment therefrom. 3. That the City promptly take all necessary steps to impose a special levy to reimburse the' said PIR Fund for the payment of said judgment as aforesaid. 4. That the proper city officials be and they hereby are authorized and directed to do all things necessary, suitable and proper to Carry out the terms and, purpoSes of this Resolution. Passed in session of the Shakopee City Council held this day. of , 1981 ti ATTEST: Mayor of the City of Shakopee City Clerk _.--- -___-- ~-- Prepared and approved as to form this 29th day of January, 1981. ' Julius" Col4er, II City Attorney O. )� RESOLUTION NO. 1791 A RESOLUTION ADOPTING A TRUNK WATER ASSESSMENT POLICY PURSUANT TO POLICIES ADOPTED BY THE SHAKOPEE PUBLIC UTILITIES COMMISSION l WHEREAS, the Shakopee Public Utilities Commission did on the 2nd day of February, 1981, adopt its Resolution No.222 , setting forth its policy for trunk water assessments , a copy of which is attached hereto, made a part hereof and incorporated herein by reference; and WHEREAS, it is the intent and desire of the City of Shakopee to adopt the trunk water assessment policies of the Shakopee Public Utilities Commission for use in any and all assessments for trunk water lines as well as for connection fees for any trunk water lines not publicly financed through Chapter 429; NOW THEREFORE, be it resolved by the City Council of the City of Shakopee as follows: 1. That the trunk water assessment policies as set forth in the attached Resolution of the Shakopee Public Utilities Commission are hereby adopted, together with any and all changes , amendments or modifications thereto. 2. That all City of Shakopee trunk water assessments, or connection fees in lieu thereof, shall be made in accordance with the policies contained in said Resolution. Adopted this 3rd day of February, 1981 , in regular session of the Shakopee City Council . Mayor Walter C. Harbeck ATTEST: City Clerk Prepared and approved by: KRASS, MEYER & KANNING CHARTERED Assistant Shakopee City Attorneys 1221 Fourth Avenue East Shakopee, MN 55379 „....�_.. ..:...............�...,..,.:,»�._.,,;,:;.,� wr''a _ -..,.�«.,+ .'...yn..a+.• m•.,._ti-.....,rs.....,,. :-c,�sn *fi.....�ma,-•,...�•�c-ra+�. v�,mss, - .,q*.r_ f... P,0 CITY OF SHAKOPEE Uf it. j 129 East First Avenue, Shakopee, Minnesota 55379 J l'-' ,. MEMO TO: Mayor & City Council FROM: John K. Anderson, Cites Admr. SUBJECT: Res . No . 1791 DATE: 1/30/81 Resolution No. 1791 , Adopting SPUC Trunk Watermain Policy, is being drafted by Rod Krass , and will be provided to you on Monday. jc / 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 Deve•Iopment Act ; Calling For A Public Hearing Thereon , and move its adoption . JSC/jms 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 Deve.Iopment Act ; Calling for a Public Hearing Thereon , and move its adoption . JSC/jms MEMO TO : Mayor and City Council FROM : John K. Anderson , City Administrator RE : Cost For Installation of a Storm Drainage Pan in Prairie View 3rd Addition DATE : January 29 , 1981 Introduction On September 10, 1980 City Council reviewed the above issue and instructed that a pan be installed as requested by the City Engineer . Council also asked that the cost for the installation of the pan be brought back to Council when the project was com- plete . Background I have spoken with the City Engineer , Mr . LeRoy Menke , the developer, and Ron Swanson of Valley Engineering , the consulting engineer, on the project . All three will be present on February 3 , 1981 to explain , from their perspective , whether the pan was required when the plans for the street were approved by the City or whether it was an item that was requested by the City after the plans were approved . Summary I have requested that Ron Swanson bring the copy of the plans reviewed by the City to the meeting . Should there be no written information presented February 3 , 1981 to resolve the matter , Council should seek to resolve the matter of who should pay the $3 ,460 pan so the project can be closed out and the contractor paid . JKA/jms 71 MC NAMARA Imo' • / / if ili'll/'!l?iv ! iL�lll 1��1/ -/!ll'. ; w 14605 Johnny Cake Ridge Road Apple Valley, Minnesota 55124 ASP . C C: 7 r r .^. N VIVANT i ' Rr.` .G , , .s �RE = ' S ROAD September 30, 1980 Valley Engineering Co. , Inc. Hwy 13 North Hillside Office Building Prior Lake, MN 55372 Attention: Ron Swanson Re: Prairie View Development III Dear Ron: The following are extras that should be included on the next estimate for the above referenceiproject. Concrete Valley Gutter Lump Sum $2,550.00 Extra for regrading after valley gutter was installed Mobilization 250.00 Motor Grader 71 Hrs @ 45.00 337.50 Vibratory Roller 71 Hrs @ 43.00 322.50 $3,460 .00 Very truly yours, McNAMARA-VIVANT CONTRACTING CO. , INC. 11 :_aAnk • Michael H. Sand MHS/kh 42-) MEMO TO : John K. Anderson , City Administrator FROM : Judith S . Cox, Deputy City Clerk RE : Planning Commission Appointment DATE : January 2 , 1981 Introduction Pursuant to the City Code appointments to advisory boards shall be filled by appointment by the Council in January of each year . Background Mr. John Schmitt ' s five-year term on the Planning Commission expires January 31 , 1981 . It would be in order for nominations to be made at this meeting to fill the upcoming vacancy . For your information , I am attaching a copy of Resolution No . 1562 which set forth the policy on appointments . Mayor Harbeck is going to check with Mr . Schmitt to see if he is interested in being reappointed for another five-year term. Recommended Action 1 . Motion to open nominations for an appointment to the • Planning Commission . 2 . Each Council person shall be polled for a nomination . Each nomination must be seconded . 3 . Motion to close nominations . JSC/jms I a /P/ ,IL414t14 �< „Det/u- • RESOLUTION NO . 1562 A RESOLUTION SETTING FORTH CITY COUNCIL PROCEDURAL POLICY ON APPOINTMENTS TO CITY BOARDS AN]) COMMISSIONS WHEREAS , in accordance with the City Code , the Shakopee City Council has the authority and obligation to appoint persons to • the various City boards and commissions ; and WHEREAS , the City Council desires to establish a procedure for the appointment of persons to the various City boards and Commissions . NOW , THEREFORE, BE IT RESOLVED, that the Shakopee City Council hereby establishes the following procedure to appoint persons to the various City boards and commissions : 1 . When an appointment is required , the City Administrator shall notify the City Cc'unc; 1 as early as possible before the appointment is put on the City Council. agenda . 2 . The City Council shall make an appointment to a City board or commission only if the appointment appears on the printed agenda of that meeting or if the appoint ment was tabled from a previous meeting. 3 . The City Council shall follow Roberts Rules ' of Order , Newly Revised , in making nominations for any appoint- ment to be filled . Any Councilmember can nominate an individual and the nomination must be seconded by another member . Each Councilmember who nominates a person for an appointment should either pass out a resume of that person to the other Councilmembers or be able to recite some background information about the nominee . A motion to close nominations can be made and seconded at any time after each Councilmember present has been polled for a nomination. Once nominations are closed , no further applications will be received and vote will be made at the next Council meeting . 4 . After nominations have been closed , if there is more than one person nominated ( or an appointment , the City Administrator shall distribute paper upon which each Councilmember shall write his preference for the appointment. . 5 . The Mayor shall open the paper ballots and declare the person getting the most votes and whether or not he or she received a majority vote of the Council- members present . . i _ _,...., , '71 77Trn18.4.L..-11=== 6 . If the person receiving the most votes does not have a majority vote of the Councilrnembers present , then there shall be a second paper vote between • the top two candidates . If the vote is a tie between the top two candidates , there shall then be an additional paper voLe between the Lop two candidates . 7 . After a candidate has received a majority vote on a paper ballot , the Mayor shall announce his or her name and the fact that he or she has a majority vote . At that time , a motion is in order to appoint that person to the position . This motion shall be voted on and if the person receives a majority , he or she is then appointed . Adopted in regular session of the City Council of the City of Shakopee , Minnesota , held this 5th day of February , 1980. • rte/ , Mayor of the City of Shakopee • ATTEST: i 1, e- ._ - ,: _k :<<' 1, City p k Approved as to form this `~ day of February , 1980. Ci.C.y A Corney --- t __ __ _-- „„ 7(2— MEMO TO : John K. Anderson, City Administrator FROM: LeRoy Houser, Building Inspector RE : Ordinance - Chemical Storage DATE : January 27 , 1981 Introduction At your request, I have reviewed the Chemical Storage Ordinances and agree with your assessment that the Pipestone Ordinance would probably serve our purposes . The Ordinance from Pipestone is workable and provides us with the data needed by the City and the Fire Department . Recommendation I would like to recommend a few changes to the Pipestone Ordinance : Expand the agricultural chemicals to include all toxic , flammable and caustic chemicals and materials in liquid, inert or solid form. LFH/jms INFORMATION SERVICE Classification No. Acl \� "ceague of Minnesota Cities Municipality \ 480 Cedar Street _�. ;St. Paul, Minnesota 55101 Date -- —1 Subject CID 1'1' ORDINANCE NO.524 At ORDINANCE AMENDING THE MUNICIPAL CODE OF NORTH-ST. PAUL, BY ADDING A NEW CHAPTER 139. RESPONSIBILITY FOR CLEANUP OF HAZARDOUS, INFLAMMABLE OR TOXIC MATERIALS OR LIQUIDS. • THE CITY COUNCIL OF THE CITY OF NORTH ST. PAUL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the Municipal Code of North St.Paul be and is hereby amended by adopting a new Chapter 139. • Responsibiiity for Cleanup of Hazardous,Inflammable or Toxic Materials or Liquids whica shall read as follows: "139. RESPONSIBILITY FOR CLEANUP OF HAZARDOUS, INFLAMMABLE OR TOXIC MATERIALS OR LIQUIDS. 139 010.No person shall cause or allow any hazardous, inflammable or toxic material or liquid to be im- properly stored,spilled or dumped upon any premises owned or occupied by him. 139020,No person shall dump or spill any hazardous, • inflammable, or toxic material or liquid upon any private or public property. 139.030. Any person who causes or allows any hazardous,.inflammable or toxic material or liquid to be spilled.dumped or improperly stored on any public or private property shall be liable to the City of North St. Paul for any material or labor provided by the City,its Police Department,Fire Department or Public Works Department in cleaning it up,or removing it from the property. 1390.40. Any unpaid charges for the cleanup or removal of hazardous,inflammable or toxic materials or liquids shall be a lien against the property that shall be collected as a special assessment as provided by Minnesota Statutes Chapter 429." Section 2. This Ordinance shall be enforced and take effect from and after its adoption and publication as is required by law. Adopted this 2nd day of January,1979. John F.Whisler Mayor Voting:Ayes all. Attest and Recommended: Robert Gatti City Manager and City Clerk (Review: Jan. 10.19791' • .n., P.+.-= , .t.. .h.:i; .» ._ b..- r c •,:.v _ .�:-: � :.:..�.. v.,. ,_`A�.,.c ..."•.. ,�x�4.. ..._ � ... ..,.. .,.r�, ..,.. x�.,. ���3t.,... .�., ..,....5, :: ..._ ...�,.. ... ,_. , `r, Z-..% i INFORMATION SERVICE Classification No. 295 League of Minnesota Cities 480 Cedar Street Municipality Pipestone 300 Hanover Building St. Paul, MN 55101Date P,ay 6, 1976 Subject Agricultural Chemicals 10 ' ' ' - - ORDINANCE NO. 7.07 0-93— • ' AN ORDINANCE OF THE CITY OF PIPESTONE MINNESOTA Section 4: All containers containing pesticides shall be j RELATING TO THE STORAGE OF AGRICULTUR AL CHEM- stored a sufficient distance away from windows and other ICALS; PROVIDING FOR DEFINITION OF AGRICULTURALopenings and out of the sun so that they will not be subject ,_ CHEMICALS; PROVIDING FOR THE IDENTIFICATION OF i to heat and ignition. All combustible agricultural chemicals shall be stored a WAREHOUSE STORAGE AREAS; PROVIDING THAT INDIVID- UAL MATERIALS BE SEGREGATED ACCORDING TO HAZARD III sufficient distance away from steam Lines and heat so as not t • to be subject to heat and ignition, CHARACTERISTICS; PROVIDING THAT WAREHOUSE STOR- All hfghlytoxic pesticides shallbe stored in one common AGE AREAS SHALL BE LOCKED WHEN NOT IN USE; PRO - - VIDING THAT STORAGE AREAS OF AGRICULTURAL CHEM- area. ;' ICAL.S.;MUST BE REPORTED TO THE CITY POLICE AND Section 5: Any violation of this Ordinance shall be deemed FIRE,DEPARTMENT-IN WRITING WITH A LOCATION AND a misdemeanor and shall be punishable by imprisonment LAYOUT OF THE STORAGE AREA,TYPES OF MATERIALS in the City or County jail for a period of ninety days and a STORED AND HAZARDS INVOLVED AND THE PHONE NUM- fine in the amount of $300.00 or both. Each day any viola HERS OF PERSONS RESPONSIBLE FOR THE STORAGE; tion of this Ordinance continues after written notice of such violation by the Chief of Police for the City of Pipestone PROVIDING FOR PENALTIES IN EVENT OF VIOLATION, or the Fire Chief for the City of Pipestone, or their authorized% agent, shall-be deemed a separate and additional violation. WHEREAS, it is deemed by the Mayor and Council of the iI City of Pipestone, Minnesota, to be in the best interests of PASSED BY THE COUNCIL OF THE CITY OF PIPESTONE; ,_ l health, safety and welfare of the inhabitants of the City of MINNESOTA, THIS 6th DAY OF May, 1976, Pipestore, Minnesota, that an ordinance be passed regulating the storage of agricultural chemicals within the said City. APPROVED BY THE MAYOR OF THE CITY OF PIPESTONE, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR MINNESOTA THIS 6th DAY OF May,1976. z?U COUNCIL OF THE CITY OF PIPESTONE, MINNESOTA, OLLOWS: • APPROVED: Section 1: The term "agricultural chemicals" as used /s/Dean F. Gewecke in this Ordinance shall mean all fertilizers, pesticides and MAYOR any other chemicals or chemical compounds used in the agricultural or any agriculturally related industry and/or ATTEST: - business. is/Harold E. Lee Section 2: All storage areas for agricultural chemicals CITY CLERK 3iY 7 shall be locked when not in use. Section 3: The location of all storage areas for agricultur- al chemicals shall be reported in writing to the Pipestone i City Police Department and Fire Department, such writings to contain the location and layout of the storage area, types of materials stored, hazards involved arxi the names,telephone numbers and addresses of the persons responsible for the storage. - °, sG _ tom'.�( C�f� f .rte.°wsa..,4 w�-af �.>� . .a E �€ e'* F --� � H s _ ,. - � c4 „m-. INFORMATION SERVICE of Municipal Reference Bureau and League of Minnesota q C." Municipalities, 15 University Library Building, Minneapolis 14, Minn. Regular library loan material for the loan Classification No. -7271- ,- period of 30 days. When you have completed y Z-r • — your work or copied portions of interest, please return. * Subject ..7;<y/e „ „/4-.,= �"7:44,- - r'runicipality 1) wL--'J c _e_r . / Date g,_<:+ a /1/ /!65� .VILLAGE ORDINANCE NO.239 AN ORDINANCE ADOPTING THE STANDARD OF THE NA- TIONAL BOARD OF FIRE UNDER- WRITERS FOR THE STORAGE, HANDLING AND USE OF FLAM- MABLE LIQUIDS AS AMENDED, AND REPEALING CERTAIN', ORDINANCES INCONSISTANT 1 THEREWITH. - _.___. The Village Council of the:Village Section 5. Enforcement—Penalty: of Hibbing, St.Louis County, State It shall Warden the duty enforcef the prViovi : of Minnesota, do:ordain as follows: ' Fire ofthis r ance. the provis, ions of ordinance.All installa- Section 1. The Standard of the tions for the storing, handling and. National Board of Fire Under- use of flammable liquids hereafter writers for the Storage, Handling constructed, shall be inspected, and . and Use of Flammable Liquids if found not to be in accordance Adopted. with the said code, shall be cor- The Standard of the National rected. If after written notice to Board of Fire Underwriters for the the person installing work re. storage, handling and use of flam- persing correction thereof, such person neglects or refuses to con- mable liquids, effective May, 1960. may and any amendments adopted prior removeretsuch worn,the Village the to July 30, 1964. except the provi- cost thereofsuchwork and charge the sion of the Hibbing Code General gthe the pepersonrson install-1 Ordinance of the Village of Hib- works the same. Any ncovering ping. 1955 Section 7-2.19, shall con- without its-,being duly'•-ork tinue to be in full force and effect wheneor refuses ho correct work and shall supercede any inconsist- Warden,enshared ,b a of it y of a est provisions of the Standard of Fire ano and upon: cotvlcti a the National Board of Fire Under- misdemeanor, and punishedhby a fide writers; is hereby adopted. of ,i of shall ebe 10.00by a firs- of ,rot to exceed $100.00 or.-hy im- Section 2. -Copies of Standard'of prisonment for not to exceed ninety the National Board of Fire Under-( days. writers to be Flied. I Adopted and passed this 30tlyd - 1Three copies.of.the._above.code i of July, 1964. 1:- as :-as aforesaid shall be filed by theT. J. TAVEGGIA Village Clerk in his office for in- 1 -- Mayor spection and use of the public; one ( (Corporate Seal) • copy shall be filed in each fire Attest: hall, and one,copy in the office of A. J.McPHAIL the Village Engineer, and shall be t I.j g Village Clerk t marked by the Clerk with the Aug. 3, 1964 words "Village of Hibbing—Official ..."-_. Copy." Thisordinance shall be- come effective upon such filing and upon the publication hereof as re • - quired by law. Section 3. Relealing. All ordinances and parts of ordin- ances inconsistent with the provi- sions of this ordinance,except those enumerated in Section 1 of this or- dinance, are,hereby repealed. Section 4. Regulations. The final determination as to they regulation of keeping,storing.han- dling and using of flammable liquids within the terms of this ordinance, shall be vested in the Village Fire Warden of the Village of Hibbing. The Fire Warden shall have the right and authority toj regulate the handling, storage ands use of flammable liquids under the; provisions of this. ordinance..-Ir no event shall any permit be is sued or permission granted for th installation, building or construe-i tion of storage tanks or appliance for the use of flammable liquids without the written approval and consent of the Village Fire Wary den. . ( i INFORTfATION SERVICE OF Municipal Classification No. 295 Reference Bureau and League of Minnesota Municipalities, 3300 University Municipality T.TNn T.ATMS Avenue S. E. , University of Minnesota Minneapolis, Minnesota 55414 Date nrtnbir 11147n ; al - - Above Ground Tanks - No person shall Subject .e �. r ate t,a - .���,'.�5! ORDINANCE 140.55 >. construct-or-maintain any above ground ' ' VILLAGE OF LINO LAKES tanks except as hereinafter set forth. L1C�U•A COUNTY.OF ANOKA a.No tank may be constructed or main- 'STATE OF MINNESOTA tamed closer- to the line of adjoining 1 ' property or to any other tank than shown AN ORDINANCE'-•. REGULATING THE in the following table: b. When under a building,the top shall, Miscellah9ous a-. No,.person except STORAGE OF INFLAMMABLE LIQUIDS. - be at least two feet below the lowest floor.- by express direction of a municipal officer ICapacityof Tank Distance Distance The floor above the tank shall be of rein-,., i in an emergency shall place or allow tabe The Village Council of the Village-of I _ • to Line of to any forced concrete nine inches thick extending i placed" in any sewer, any inflammable Lino Lakes ordains: - - Adjoining other tank I twelve inches beyond the outline of the liquid. - Detnitions - The following terms, as `-`Property tank in all directions. b. •No person may smoke or.strike any ised in this ordinance, shall be defined 300 Gals.or less 5 H. 2 ft c- No tank may be installed or main- 'Match or cause,anyspark.within fifty is follows: 300-500. gals. 10 ft. 2 ft, I tamed in any street,alleyorpublic ground '.feet of any placer.where:inflammable; a."Inflammable liquids"include Class 500-3000 gals, 20 it: 2 ft.- or under any sidewalk exceptbyordinance_- ', liquids are being dispensed or used in I,ether,benzine, benzene, gasoline,nap- ,1000-10,000 gals. 1 30 ft, 3 ft. granting a franchise therefor. r',:.open containers, or-stored-or kept.for tha, benzine, benzene, collodion, hydro- Over 10,000 gals. 100 ft. 15 rt, sale; nor shall any stove or ope;. Raiuei ydd. Tanks shall be set on a firm founds carbon,and liquefied petroleum gas-Class b. No above ground tank shall be con- tion and enclosed-ip,concrete:or sur be permitted in any such room or place- ClII, acetone, alcohol,amyl acetate,gas; strutted or maintained closer to the rounded with suit-earth or sand,.well "c.-No person shall use,Class tor Class Class III; Kerosene, amyl alcohol, tura nearest rail of a railroad or street car tamped into place. """ , � ,�II`inflammable_liquids. in .starting.or pentine,distillate. - feeding any fire except in'heating devices• -track carrying passenger traffic or any a The storage permitted in under b. aA "garage'" is a building re d'sort state truck highway, county-road or vii- ' ground tanks shaft be as follows: .•- a designed.to._use. such liquids as-fuel.- wherein are housed for rent,care,demon- )age•street;-than shown,.in-the-following When the;top of the tank is lower than- I d.-•Fuel--supply-of inflammable.liquids' lon, storage or sale, for private or~ table - all floors,casements,'cellars,or pits of T,to to stationary internal combustion'engines. public use, oneor more vehiclescon-- • buildings,.and-all sewers,catch basins and.-.`shall be by pumpage from tanks,and not__ taming in the tank thereof any inflammable- Capacity of tank Minimum distance manholes - - by any system of gravity-flow. - liquid for fuel or poervicerer. si in gallons from track or high (1)within a-radius of 50 ft:Unlimited : e:-Whenever anyinflammableliquid shall ' c, A "service station' iS`a place.. way, " (2)within a:radius of 4011-50,000 gals,,- t have escapedfrom any tank, by leakage maintained for:-retailing inflammable :1 (3)within a radius of 30 ft-20,000 gals,l or overflow or.i.in'any other manner;• liquids. .-'Under I8,000 gallons 30 ft. _ _ • (4)within a radius of 25 ft-10,000 gals:'' it shall be the duty of theowner and of- d, A"retail storage station"is apiece, 18,000-60,000.gallons 60 ft. - (5) within a radius of 20 ft.-5,000 gals..s,the occupant and of the person in charge equipped to retail inflammable liquids 60,000-100,000 gallons 80 ft • -(6) within a radius of 10 H--1,500 gals- j" of the premises to notify the fire marshal in connection with any other,-line,of.; Over 100,000 gallons' 100 ft--- - When such tank is not lower than such!a and the chief of the fire department at merchandise or enterprise -•" - - basements of other structures,within a . once of such fact in order that precau- e- A "general storage station" is an c- No suck tank may be constructed or radius of ten feet thestorage is hereby A.tion may be taken to minimize the result-. lace where inflammable liquids' are maintained within four Hundred(400)feet limited to 500 gallons and the tank shall t the fire hazard.- - bored, and sold"in quantities of-no less of any depot, school, church,- place of be entirely encased-in six inches of con- .:3 Inspection-The Flee Marshal shall inspect t man thirty(30)gallons. • - g detention or other public building,orwithin. trete- -, = -all installations of tanks.and other equip- f. An "approved" device is one held by ' two hundred (200) feet of any place of Service.Stations. - All Service Stations ;meet designed to handle inflammable liquids to fire marshal to be reasonably sate human habitation, shall be installed conducted and maintained before the same are placed in operation it use. -- d- All tanks of more than 1,000 gallons in accordance with the following rules:.,and no person-shall-use any installation or- ,icenses Required --No person 'shall capacity shall have all openings which may a. All tanks used for storage of Milani--cover"or cause any such installation to be nsport, have, or keep more than-one contain inflammable vapor provided with mable liquids shall be underground tanks coveredfromviewbeforethesamehasbeen-. Ion of Class I inflammable liquids in any a 40 x 40-mesh, non-corrodible wire installed as provided in the_preceding., inspected.The-Fire Marshal shall also make ening, six gallons in any other building screen. A safety valve must be provided section.:- - • a monthly inspection of all premises which . ten gallons outside of any.'building; or and manhole covers must be kept closed re or handle more than five',gallons of by weight only. b., Delivery of inflammable liquids o€- are under permit to store,dispense,or use - Classes I and II from tank wagons or tank inflammable liquids,and require compliance i Class-II inflammable liquids in any e. All such tanks must be provided cars shall be made direct to the storage with the. terms of this-article by written elling, or ten gallons in any other build- - with danger signs painted.conspicuously tank through the filling pipe from the re- orders which shall state the time in each or twenty-five gallons outside of any on their sides-bearing the words."Inflam- ceptacle from which the liquid is Dein -. case within which suelt compliance must be tiding; or handle or store more than mable, Keep'-.Fire-and-Lights-Away" in drawn. No tank wagon may made such. -made. enty-five gallons of Class III inflammable .—fetters at least three inches high. delivery with its engine or motor running, Time-for Compliance-All installations uids inside of any building or fifty gal- - 1:-•All-such tanks shall be protected by c. Delivery of inflammable liquids from which do not conform to the requirements is outside any building;without first ob- an embankment or dike with a capacity - the storage tank shall be made through of this article shall be made to do so with- sing a license, at least one and one-half times the caps- pumps, which are mechanically perfect .in ninety (90)days after this ordinance be- -Exception-The installation and mainten- •city of the tank and,not over four feet high. • and so constructed as to prevent leaking comes effective. The Fire Marshal shall , ce of oil burning equipment shall be gov- Such embankment shall be constructed of or splashing- At the completion of each ,eport to the Council at the end of-such ned by the regulations specifically pro- ";earthwork or reinforced"concrete without delivery the discharge hose must be corn- ety (90)day period all persons who have led therefor elsewhere in this ordinance, 4,,openings through it.Earthworkdikes shall pleteiy emptied or hung up so that no led,to comply herewith and the location and shall not be affected by any section of be compactly built with a three toot crown liquids may run therefrom. Whentheser- • said non-complying.installations and the his ordinance, except that the licenseand a.slope of at least two to one on both vice station is closed,each pump shall be • cil will take such steps as seem neces- -equirement n the preceding section shall 'insides,that is--,thehorizontal legof the right so locked as to prevent the drawing of ry to secure compliance herewith- :pply so far as applicable by-its own terms,•.triangle outlining a cross section of the liquids therefrom. Sale-and Storage of Gasoline,General.- Issuance of Licenses-The application for ,-dike shall be at least twiceas long as the d. Buildings used as service stations '•o person shall sell, offer for sale, deal ;uch a.license shall be approved by the perpendicular leg thereof. All brush, shall be fireproof and shall be heated by in,keep,or handleany motor gasoline,ker- 'ire Marshal if, upon inspection, he shall .weeds, and combustible material must be steam or hot water- The heating plant osene,furnace oil,or lubricating oil as de- letermne that the granting of the license •kept cleared away from the embankment shall be in a fireproof room with no fined in the.1929 Session Laws of Mnne- sill not endanger public safety.from'lire and space around the tank. opening except an outside entrance. This sota, Chapter 425,-as amended or as same- ,r explosion. The application shall be a g: All such tanks shall be constructed paragraph shall not apply to buildings now "may be amended or replaced from time to -eferred to the Council.If theCouncil grants p,a firm foundation and if of metal shall being used as service stations,except that time, contrary to the-provisions of said he license the Clerk-Treasurer shall issue -'he:electrically grounded. Tanks set more no stoves will be permitted under any cir- t Chapter, , t license to the applicant for the purpose f'than-one foot above the-surface of the cumstances. ;,i Violations=Penalties--Any-person,firm Gated in the application,on payment of the ground must have a noncombustible foun- e. No service station may be located or corporation violating any of theprovi- 'ee. , dation and supports. • within four hundred feet(400)of any public ,sions of this ordinance shall be guilty of a The annual fees for licenses shall be per h. The premises upon which such tanks building. "misdemeanor,-and upon conviction thereof jshall be fined in an,amount not to exceed fee schedule time,as established byll resolution;'.are constructed must be surrounded t a f. No inflammable liquids may be s from time to by the Village Council;-substantial fence,adequate to keep out all in or dispensed from said buildings.in $300.00 or imprisoned-for not to exceed - the fee schedule shall be on file in the'intruders. open containers and no light or flame 90 days, or both- Each--day that any viola- office of the Village Clerk-Treasurer and i. All such tanks must be painted with shall be permitted within any such pre- tion is continued shall constitute a separate ' a copy available to anyone desiring ;asuitable rust-resisting paint. mises. offense and punishable as such. • same. All licenses shall expire at mid- j. All emptying and filling of such tanks g. No person at any servicestation shall ,?Effective Date-This ordinance shall take _ night on December 31,of the year of is-'shall be by pumpage and such emptying dispense any inflammable liquids to a .effect -upon its passage and publication-- silence. or filling shall be done only when there is • motor vehicle while the motor of said' according to law. Receptacles - No person shall.sell or -;a man In constant attendance on the pump. vehicle is running. ' Passed-by the Village C• ouncil this 13th rause to be sold, place or cause to be;The motor and pump must be located in a 1 h. The maximum amount of storage of tdayof October,1970.-. laced any gasoline or benzine in quare- separate building at least twenty-six(26) inflammable liquids permitted in any ser- !:_ ;/s/Ralph M.L'Allier ities of more than one pint in any recep-•feet from the tanks,warehouse and garage, vice station is 10,000 gallons- re-+-' Ralph M.L'Allier- acle (other than a tank of the sort auth- or entirely surrounded by fireproof wall, Garages. - The storage of inflammable _.:,. Mayor irized by this ordinance or a tank truck) k. All such tanks shall be of material liquids in and near garages for use therein axcept one of a bright red color, tagged of sufficient thickness to hold the contents or to be dispensed therefrom shall conform ATTEST: ad labelled in large plain letters with the safely, and shall have a factor of safety to the following rules, as well as those in /s/June L.Emerton tame of the, contents,.,or with the words at joints of at least 2.5. All riveted points preceding sections: - June L.Emerton Inflammable Liquid,".•nor sell or place shall have an efficiency of at least sixtya. All garages shall be equipped with Clerk-Treasurer to other liquid in any such receptacle- per cent(60%): No verticle tanks shall ex- sand traps and grease traps which shall.. y be cleaned often enough to keep any sand (Village Seal). General Storage - Except as otherwise teed thirty(30)feet in height- - .".-" provided in this ordinance,inflammable li- Undergrounds Tanks - All underground or inflammable liquid or grease- from quids shall be stored outside of buildingsfanks shall conform to the following regu- entering the sewers. (Published in the.Forest Lake Times No- in underground..or above ground tanks,ex lations: b. No garage shall ever be kept or: .vember 19,1970.) ret that the storage of such liquids abovi - a. The top shall be below any piping " allowed within fifty feet of any building - „ td is hereby prohibited within the fol to which they may be connected,and at or place used for a school,hotel,or public 'a,limits. _ least three feet below the surface of the building used as a place of assemblage or .. detention. _ SEP 261974 Continuing Education and Extension Xe-e UNIVERSITY OF MINNESOTA Fire-Service Information, Research, and Education Center `£ 3300 University Avenue S.E. Minneapolis, Minnesota 55414 Ir) r 1` t )3 c :$7 , a 1'5 September 24, 1974 0 14r i7tf Stanley Peskar, Counsel League of Minnesota Municipalities 300 Hanover Building 480 Cedar Street St. Paul, Minnesota 55101 Dear Stan: Last November you asked the F.I.R.E. Center for assistance in revising the League's memo #295.1, "Regulation of Storage of Inflammables." We are only now able to render that assistance as it took until August for a new Flammable and Combustible Liquids Code to be promulgated. The new code is based on N.F.P.A. code #30 (1973 ed.) of the same name and was promulgated pursuant to Minnesota Statutes, section 299 F.19, subd. 1. It limits the storage of liquids as gasoline to 25 gallons in dwellings and buildings containing not more than three dwelling units and accompanying attached or detached garages and to 10 gallons in assembly occupancies, buildings containing more than three dwelling units and hotels. (Sections 4430 and 4440) . In addition, the maximum allowable size of containers is regulated by section 4130. I am sending you a copy of Chapter IV of the new code, which is the applicable chapter. Minnesota Statutes, section 299F.19, subd. 3 permits municipalities to enact regulations and ordinances consistent with the code. Section 4420 of the code permits municipalities to "impose a quantity limitation or require greater protection where unusual hazard to life or property is involved." The State Fire Marshal recommends that no more than 5 gallons of a liquid be stored inside a building. You are aware of the power that charter and statutory cities have to enact ordinances and regulations for public safety and welfare. It is our view that urban towns also have this power under Minnesota Statutes, section 368.01 subd. 9 and subd. 19. Non-urban towns (towns without the powers of villages) may enact such regulation or ordinances pursuant to their authority under two sections. Under Minnesota Statutes, section 365.15 the electors of such towns have the authority to authorize the town board to provide for fire protection. If so authorized, the town has the implied power to enact such an ordinance under Minnesota Statutes, section 365.03, if such an ordinance is necessary to the exercise of the power to provide for fire protection. At this time I have no model ordinances; however, I hope to obtain a couple of them in the near future and will send you copies when I receive them. Your files, also, probably have ordinances that are appropriate. I trust that this will provide you with the information necessary to revise the memo. Also, I am wondering whether you have had time to look over the draft of the new memo #220d.2, "Mutual Aid Contracts." Sincerely, Donald C. Erickson Legal Research Assistant DCE:aaf Encl. P.S. I have just learned that most of the municipalities in the Metro area have adopted a model ordinance written by the American Insurance Association. If you do not have a copy in your research files, one can probably be obtained from Bruce Ryden, the Fire Marshal at Roseville or Bob Buresh, the Fire Marshal at Edina. /1/ - - ,- - 9.,. - ,- -.-// -,±7c3.6.- -a ''--- (— X0.--k-t-t-ve-crfi r ' ' , 0- - .0 1 // / i / . ''', — 55,,,„,, , Atir.„.., (z ...,„ a ,), „,,frin 9,,,,., , , , ,74 i , 4e,-- .„..,-, ,c, " . ,,,„, ,„...pc. R ,v 1.-Ad , , tot,t - �. j 4,1 ttedAttitttr 1 eve,:rit44ci _______ (€;y2,0t. - ski 753 - cam.-► _ ,F� /y /2 / / ,,> jL -� JK —-1\-0147 - 71 6424,0 k4‘NdPV2/ c/ j ,: / , - q5_ 152/ iae, ,r c fl I 70V4)1° 1 /ee r eof ,/ ,o-t, ,. �� ei,Lf� , y otI :- - - (5s 1 _ 5--- .// � Jr- (z.o® iL)( ,TA„):- at,i, ,,seei; /Lek A illtk- r ite:ti '-'6.7-14.4 - ,,,t,‘,,,, , (,______,t#:_f_t, __j-----) a!• fir; v P10aIth �, 7 -- , i p -414,0 f � '` as,i a AI 41 4, , elti`j I .2# V.''' ge,"".- ''. '' I '... ''''".. 61' 7 i V Ata, 1.7, v"-4.--TA-0 f-or 4.--# t ..9m, , , � W (� 1 V f y r Ia 1,1-0, 1, . i,,,,,;;,p. 4,,,,,,,,,, vr . -pi,ki,A,.,., e.,,,a,,,,,L, rj/y 4 i D (/‘,44.,) 3J---- 40(41.1, -2,, UA-±----,-- T)1A,\,, f/.t') C44.4 r Main Office ! x 571-6066 UBURBAN 6875 Highway No. 65 N. E. NOINEERINO Minneapolis, Minnesota 55432 INC. — South Office 890-6510 Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 Jan. 28 , 1981 Honorable Mayor and City Council City of Shakopee 129 1st Ave. East Shakopee , MN 55379 RE : Prior. Lake-Spring Lake Watershed District Outlet 76-4 The Watershed District has completed the final design for the above referenced project and is in the stage of ne- gotiation for easements along the outlet route . The outlet route through Shakopee was originally proposed to by-pass Dean Lake to avoid problems with a possible environmentally sensitive lake . However, in discussions with the Department of Natural Resources , Dean Lake is not considered to be a significant recreational body of water and should function as a resource for nutrient removal , rather than a protected body in so far as water quantities is concerns . Discussion with property owners along the outlet route indicate the desires location of the outlet is through Dean Lake rather than around it . Therefore , the final align- ment is proposed to be through Dean Lake. City Staff has been most cooperative in preliminary discuss- ions with property owners . However, the Watershed District is requesting formal action authorizing City Staff to proceed with obtaining easements in Shakopee for the outlet project , as proposed, and asks that you take such actions as are required to assist us in this endeavor. Respectfully, Bruce A. Paterson , P.E. BAP/lh Robert Minder, Reg. Eng. E.A. Rathbun, Reg. Suru. Wm. E. Price, Reg. Eng. Gary R. Harris, Reg. Suru. Peter J. Molinaro, Reg. Eng. 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. Waldol, Reg. Eng. - fir-` , c t-- �/ -- g� — ;tut Lake ---- -- - • t of ; \a I ]:--, 3 (7441) : . ( 1.: \�_ 3 ,,.E . f{ rTi,„:Jr . • N. LK • • p 10 • ' , ' 1 • �1 - l -I. • I W- Wit;-_ a. i. % -n� N p.-� 1 3 • (F; ' - i cr- a f1 Cit ae —� - O • x.J.q• - is �^ • ` • -- ... �`,� • L =`” , Year 1% Y ► ��17 N.„r r m `" 7,`` • � o I .C, (( . �, � , r 24• ,2 • s K, �l Y (‘-.'A 7 04\ wiaols-- 9_0 MEMO TO : John Anderson City Administrator FROM: H. R. Spurrier City Engineer RE : Reconstruction of Holmes Street DATE : January 13 , 1981 Introduction : Attached is Change Order No. 1 for the Holmes Street Reconstruction Project . Detailed herein are the specific reasons for altering the quantities and the scope of the above-referenced project . Background : Holmes Street Project was bid June 10 , 1980. The low bid was $935, 143. 70 from Barbarossa & Sons , inc . The work consisted of approximately 2850 linear feet of roadway reconstruction, 3040 linear feet of- trunk storm sewer, 1900 linear feet of sanitary sewer reconstruction and 2660 linear feet of watermain construction to serve the elderly highrise at 200 Levee Drive . The work was performed in one of the oldest parts of Shakopee and, consequently , there were a number of unknowns buried under the street . These unknowns were not discovered until construction commenced. The contract contains unit prices for each work activity anticipated. There were several work activities not anticipated and in order to pay for these work activities , it is necessary to approve acceptable unit prices . There were four typesof construction : watermain, sanitary sewer, storm sewer and roadway . 1) Watermain : There was more lowering; than originally anticipated . That lowering _Oiuded 258 additional linear feet of 6 inch pipe, 439 linear feet of 8 inch pipe and 128 linear feet of 12 inch pipe . John Anderson -2- January 13 , 1981 Additional work consisted of addditional fire hydrant replacements and service line replacement . The total increase in watermain cost amounted to $22,073 . 00 for a total $92 , 573 . 00 . 2 ) Sanitary Sewer: These costs increased as a result of discovering services . This amounted to $16 , 530 . 00 . A grade conflict on 2nd Avenue required relaying of the sanitary sewer added approximately $14 , 000 . 00 . The total increase in quantities for sanitary sewer was $32 ,217 . 00 bringing the total sanitary sewer cost to $ 142 , 082 . 00 . 3 ) Storm Sewer : The storm sewer had an under-run of $6332 . 00 , as a result of quantity under-runs . Railing must be added to the outlet facility and that will cost approximately $3, 000 . 00 partially balancing the under-run . The total storm sewer cost is estimated to be $474 , 656 . 00 . 4 ) Roadway : Roadway costs have also increased . They have increased due to the full-width paving of Fuller Street . There is a quantity incr'ease in driveway aprons and additional curb , gutter and walk not originally anticipated. The total increase in roadway cost should be approximately $36, 800 . 00 . There is remaining work but the quantities are well-established at this time . The estimated total roadway cost will be $313, 922 . 70. The revised total project cost will be $ 1, 023, 233 . 70. The Change Order amount will appear to be less , simply because some of the quantities need not be altered by Change Order. The Change Order amount is $67 ,021. 00 . Recommendations : Approve Change Order No . 1 for Holmes Street Reconstruction Project increasing the contract amount by $67 ,021. 00. HRS/j iw Attachment rJ2 SHAKOPEE PUBLIC UTILITY COMMISSION HOLMES STREET RECONSTRUCTION PROJECT WATERMAIN COST Holmes Street 4th Avenue to 5th Avenue Item No. Description Quantity Unit Price Total 1 8" D. I . P. 456 L.F. $ 13 . 00 $5, 928 . 00 2 8" G .V. 3 Ea. 400 . 00 1, 200. 00 3 Fittings 195 lbs . 1. 00 195 . 00 4 Lower Watermain 1 Ea. 2,000. 00 2,000. 00 TOTAL $9,323. 00 Holmes Street 5th Avenue to 10th Avenue Item No. Description Quantity Unit Price Total 1 6" D. I . P. 80 L.F. $ 12. 00 $ 960. 00 2 8" D. I . P. 319 L.F. 13 . 00 4 , 147 . 00 3 Hydrants 2 Ea. 800. 00 1,600 . 00 4 6" G .V. 2 Ea. 300. 00 600 . 00 5 8" G .V. 2 Ea. 400. 00 800 . 00 6 Lower Watermain 4 Ea. 2,000. 00 8 , 000 . 00 7 Fittings 420 lbs . 1. 00 420 . 00 8 3/4" Copper (Separate Trench) 297 L.F. 13 . 80 4 ,098 . 60 9 3/4" Corporation 8 Ea. 15. 00 120 . 00 TOTAL $20 ,745 . 60 1st Avenue & Atwood Street Watermain Connection Item No. Description Quantity Unit Price Total 1 6" D. I . P. 38 L.F. $ 12 . 00 $ 456. 00 2 8" D. I. P. 19 L.F. 13 . 00 247 . 00 3 6" G.V. 2 Ea. 300. 00 600. 00 4 Fittings 265 lbs . 1. 00 265 . 00 5 Lower Watermain 1 Ea. 2 ,000. 00 2 , 000 . 00 6 1 - 1/4" Copper 15 L.F. 15 . 00 225 . 00 7 1 - 1/4" Corporation 2 Ea. 40. 00 80. 00 TOTAL $3 ,873 . 00 Summary Holmes Street - 4th Avenue to 5th Avenue $ 9, 323 . 00 Holmes Street - 5th Avenue to 10th Avenue 20 ,745 . 60 1st Avenue & Atwood Street Watermain Connection 3 , 873 . 00 GRAND TOTAL $33, 941. 60 To: John Anderson From: Lou Van Hout Re: Change order #1 for Holmes Street Restoration Project Date: 2-2-81 John: As we discussed, I am signing the change order form since the work has been done and the contractor is waiting for payment and the changes do not cause any problems with the water system. The allocation of charges is still unsettled, and while this is exactly the kind of occurance that the change order is supposed to avoid, there isn't much we can do about it now in this case. When the SPUC costs are broken out from the costs to be paid by others I will present this to the Utilities Commission to have payment considered. . ' . _ ~ ef • CHANGE Change Order No. : 1 pro.1 �|'unc� KoImes Street Reconstruction 1-e` 80-3 Date: January :;')// ).66- 10P-01 � Original Coxtruct Amount. '' �/. `- | )| � . /U ----------'----- Change Order( ) No. d oro No. �_ Total Funds Encumbered l)r:`,r to '.|n*�- , | ` | /| � . /0 - - '---- -'--' Description of Work Co be (8ddcd/��(����)� The above described work shall be :x,"r7`.r.'. in H,. ':`.or`'cL , referenced above, under the same Conditions specified in the '', i/�|//a! a:: amended unit:'`�� otherwise specified herein . Any work not ro he performed {c accordance with the Standard Specifications :'|.`i't"i by /. :;nak',ye,. Bimu;oca. The amount of the Contract ;nu]l b, ( �7 '); 67 , 021 . 00 The number of calendar day r, /or ,,n �i'^i� ) � : by 10 Change -'-----'-- Original Contract Amount 9]5 , I43 . 70 ^ '------'--- Change Order(:)* No. l i}un ��. 6/ /0yl �3O Total Funds Encumbered $1, 002_, 164 . 70 Completion Date: No ChanDe ------- -�����_� The undersigned Contractor hereby | ` i. ni''.z the work specified in this Ch,og, .4`|,, in '"`. ',`i':r' with the specifications, conditions and prices specified herein. kKV |F.WEU U� � Contractor�// ��'i '/�'' �'' �'� ^- Y ' �~ ^ , -- ^hakopee Public Uti] itite� � By: A ' , .-/ � ^� / • - e� Tltl / ' v / -/ / ; � � M - ---- - -----'--- �«�v ~ .� ` / ://uC'��' late APyDUVi AND KECOME0DED: City Engineer |h�' APPROVED: City of Shakopee • By: Mayor �------ Date Approved uc to form thi; day of __ I9 City Administrator Date ------ - '---'------ ' '- --- -- --- City Clerk Date ----------- --------- ----- City Attorney AT i'ACHMKNT • • Ch;.:rr, e Only'. No. i SANITARY SEWER Item No. Contract Item Unit Unit Price Quantity Amount 2503.511 8" D.I.P. Pipe Sewer, 1,. !,'. 1.00 240 , 9,120.00 10 - 12 2503.511 8" D.I.P. Pipe Sewer, L.F. ;9.00 209 3,151.00 12 - 1I+ 2503.511 8" D.I.P. Pipe Sewer, L.F. 00.00 77 3,080.00 14 - 16 2503.51.1 8" PVC Pipe Sewer, 0 - 8 L. E. 8.00 190 1,520.00 2503.511 6" Extra Heavy C.J . Pipe L.E. 19.00 870 16,530.00 Sewer Sanitary Sewer Subtotal ;:38,401.00 STORM SEWER Item No. Contract item Unit Unit, Price Quantity Amount 2503.511 36R.C. Pipe Sewer L.E. ';,',I .00 h2 2 1112.00 2503.511 Install Pape Sewer L.F. 10.00 112 =1120.00 Sturm Sewer Subtotal 3,262.00 WATERMAIN Item No. Contract Item Unit Unit ('rice Quantity Amount 1 550h .601.G01 _l1; , Copper L. E. *b.00*b.0015 ,_2_,_x2r .00 504 .601 1" Copper, Common Trench L.F. 71 .00 204 2,204.00 500 .607. 1" Copper; Separate Trend: 1,.1.'. 14 .00 50 700.00 504 .601 3/4" Copper, Common Trench L.P . 10.80 63 (80.40 504 .60:1 3/4" Cuppt. i•, ;t,par•nt.t• I . V. I .HO 1157 6,)06.60 Trench 504.622 la" Corporation Ea. 40.00 2 80.00 504 .622 1" Corporation Ea. .I5.00 7 105.00 504 .622 1" Curb Stop & Box Ea. 65.00 5 325.00 Attachment (continued) -2- Change Order No. '1 4 9� • Item No. Contract Item Unit Unit Price Quantity Amount 504 .622 3/4" Corporation Na. *15.00 ].6 2140.0O 504.622 3/4" Curb Stop & Box Ea. 65 .00 5 325.00 504.650 Repair Flume L.S. 98)i .00 1 984.00 WaWf.rm:,.in ;.;ubtoLa.l $ 12,215.00 Sanitary S wer .',11bLoL:,.1 * 38,401..00 Storm Sewer ;Baht ot.:i.l 3,262.O0 Wt 1 .•r•main Subtotal 12,215.00 TOTAAi, $ 53,878.00 Pursuant to Article 8 of the General Specifications Estimate of Quantities , the quantity of "lower watermain has exceeded" reasonable limits and shall be increased to $2,000.00 for each and the number of unit,!; increased to 8 each. ROADWAY 1) The quantity of 231+1.508 Wearing Course shall be increased to 2,654 tons with no alteration in unit price. 2) The quantity of 2341.518 Bituminous Mix for Patching shall be decreased to 376 tons, with no alteration in unit price. 3) The quantity o1' 2331.514 Binder Course shall beincreased to 2348 tons with no alteration .in unit prig•,. f) MEMO TO : John K. Anderson City Administrator FROM: Tim Keane City Planner RE: Contracted Planning Services DATE : January 29 , 198 I Introduction : There are a couple of important planning projects that should. not be dropped from our programming until a new Planner is on staff. These include the Capital Improvement Program and the Central Business District . Discussion: ,• The Capital Improvement Program (C . I . P. ) .i.s to he prepared this calendar year under a $6,232 HUD 701 planning grant that was awarded to the City in October, 1980 . The grant requires a 50 percent match from the City that may be provided in staff time . The C . I . P. is a decision-making and management tool that coordinates physical improvements with a financial plan . I have recently been approached by a resident of the City of Shakopee who expressed an interest in doing planning work for the City either as a part time staff person or as a contract project consultant . Her credentials suggest that she may be most qualified to work in either capacity (note attached resume) . The City of Possaic , New Jersey (population 55 ,000) adopted a Capital Improvement Program she prepared in 1976 . I would suggest that you give serious consideration to Ms . Spiotta on a contract project basis to immediately commence preparation of the C. I . P. Ms . Spiotta may also be available to assist the City in its Central Business District development efforts . She may , additionally , be considered a candidate for the staff Planner position. John Anderson -2- January 29 , 1981 Alternatives : 1. Do Nothing. This alternative would cost no money , but could set back the City several months in the completion of a much-needed C . I . P. 2. Review Ms . Spiotta' s qualifications as a possible contract consultant for the preparation of a C . I . P . and other possible projects as time and need permit . From preliminary discussion with her and review of her credentials , and consideration of hor ihrrkop i ':; i drH y , it seem:; he may be well-suited to this task. 3 . Hire an outside private consultant . This alternative may accomplish the goal of continuing with the C . I . P. , but it would likely involve far greater expense . Recommendation: • I would recommend Alternative No : 2, that you give serious consideration to contracting with Ms . Spiotta for her planning services on a project basis . I would recommend consideration of payment between $8 . 00 and $10 . 00 per hour for these services . The Planning budget for 1981 does include $5000 for outside planning services . The 0 . 1 . P . grant award for $6232 is in addition to the 'adopted planning budget for 1981. I would recommend that any contracted planning services for the C . I . P. be paid for out of this account, for the C . I. P. planning grant . The 50 percent match would be credited with necessary City staff time . TK./j iw Attachment /P( Glenda D. Spiotta 1164 Merrifield Court Shakopee, MN 445-6654 EDUCATION: Mankato State College M.A. 1974 Geography, Regional Planning Mankato, MN Graduate Assistant Mankato State College B.S. 1972 Geography, Earth Science Mankato, MN Austin State Community College A.A. 1970 Liberal Arts Austin, MN EXPERIENCE: Regional Planner, Upper Minnesota Valley Regional Development Commission, Appleton, MN. November, 1977-March, 1980. Program Areas : Employment and Training, Economic Development, Transportation. Involved preparation of plans, technical assistance to communities, committee work and inter-agency coordination. Part-time employment began in January, 1979 in areas of Economic Development and later in administration of the Nutrition Project for the Area Agency on Aging. Program Manager, Morris County Housing and Redevelopment Authority, Morristown, N.J. November, 1976-August, 1977. Responsible for the initiation and implementation of 300 units of Section 8 Housing Assistance Payments Program for the county. Assisted the Executive Director in developing outreach and puiht.l..c sup ori for • the HRA. Senior Planner, Planning Division, Department of Community Development, Paterson, N.J. February, 1976-November•, 1976. Developed new Flood Plain Ordinance and Soils and Sediment Control Ordinances, research assistance to development of a.city economic/ historic district and also support assistance for community development proposals. Community Development Planner, Department of Community Development, Passaic, N.J. June, 1974-February, 1976. Prepared Outdoor Recreation Facilities Plan, Capital Improvement Plan and Street Improvement Plan. Implemented the Outdoor Recreation Facilities Plan by coordinating local , state and federal funding and management of the architect/construction efforts. Member, Ortonville Planning Advisory Committee, Ortonville, MN. January, 1978-July, 1980 Member, Mine Hill Planning Commission, Mine Hill , N.J. January, 1977-August, 1977 PROFESSIONAL AFFILIATIONS: American Planning Association Association of American Geographers REFERENCES: Thomas Jorgens, Director Julie Joplin, Regional Planner Northwest Regional Development Commission Upper Minnesota Regional Development Commissior Crookston, MN. Appleton, MN. 56208 ,,,ff :, ITY OF SHS PEE .?`�\c►'ti '` �yJ )i 129 East First Avenue, Shakopee, Minnesota 55379 .7 ti'\Y ; /DJ, 1 • -.:-.! t;I:. 7.',r,i.:' . .,....\:_•.,„:. .,, ,,..,„.., MEMO TO: Mayor & City Council FROM: John K. Anderson, City Admr. SUBJECT: Replacement of Industry Agreement Revenue DATE: 1/30/81 In response to the mayor ' s memo of January 15, 1981 regarding the replacement of revenue derived from the industry agreement , the Utility Commission will be sending a memo to you on Saturday. jc /DJ MEMO TO : Mayor and City Council FROM : John K. Anderson , City Administrator RE : Vacation Policy DATE: January 28 , 1981 Introduction In November of 1980 Council approved a request from LeRoy Houser and reinstated his third week of vacation . The request was in memo form; however , it was not a regular agenda item and not an "administrative appeal" as provided for in Section 2 .07 of the City Code . The request should have been on the agenda as an appeal because Mr . Houser was clearly asking for a change in a condition of re-employment (see re-employment letter attached) . On December 16 , 1980, as an agenda item, Council received and tabled action on the attached memo from Gregg Voxland regarding vacation policy and asked that I look for a resolution of the problem . Issues There are several issues involved in the resolution of this problem. 1 . Does the Council wish to receive requests from individual employees and make decisions that are exceptions to past action , in this case conditions of re-employment , and exceptions to existing written personnel policy , also in this case the requirement for "continuous employment" . Clearly Council has the prerogative to make such decisions . 2 . Should Council require that any and all individual personnel requests come through the proper channels as outlined in the City Code Section 2 .07 . Clearly Council must or it will undermine the City ' s organizational structure , the administrator, and invite similar requests in the future . I have already turned down an individual request since arriving here six weeks ago . In doing so , I told the individual that the process for appealing my decision was outlined in Section 2 .07 . 3 . When should personnel requests be handled? I strongly believe that personnel requests should be handled at two points : (1) upon employment , and (2) annually in the budget cycle . If this is not adhered to and cases are handled individually there is a definite increase in the potential for unequal treatment that only invites sub- sequent requests as individuals try to "rectify" what are perceived to be inequities . Mayor and City Council 6 January 28 , 1981 Page 2 4. What are the current conditions that relate to the action taken by Council? This is really an employee morale ques- tion. Currently there are employees "waiting in the wings" to see how this issue is resolved because it will affect them personally . And , more importantly , there are employees who know that Section 2 .07 of the City Code was not followed in this case . I do not believe any resolution of this particu- lar issue will be complete unless these two groups of employees get a clear signal from Council about how personnel matters will be handled in the future ! Recommended Resolutions of the Problems - As they relate to issues 1 - 4 above Issue #1 The third week of vacation granted to Mr . Houser should be allowed to stand . Issue #2 Council should go on record stating that Section 2 .07 will be the only channel (procedure) through which they will review and act upon individual personnel requests . Issue #3 Council should make the cdmmitment to deal with personnel requests from the administrator (ie through proper channels) upon employment or during the budget cycle , be it for one employee or a group of employees (union contract negotiation being the one exception) . Issue #4 Council should strongly consider dropping the word "continuous" from the vacation policy . I am recommending this after discussing the matter with both Gregg, who personally doesn ' t favor the recommendation, and LeRoy , who offered an alternative less advantageous to himself as a resolution to the problem. Why? a . I believe in nearly all similar cases Council would find that it "would like to" restore lost vacation benefits . b. After briefly surveying five other metro cities - Hopkins , Coon Rapids , Eagan, St . Louis Park and Edina, there is no definitive case for or against the use of the "continuous clause" . (Survey attached) c . I believe the Hopkins approach is practical and should be adopted in place of the current clause . d . I believe we need to apply the new clause , ie . the Hopkins clause , to Mr . Houser and the other employees "waiting in the wings" , namely the three mentioned in Gregg Voxland ' s memo of December 10, 1980. In so doing part-time employment should be pro-rated and CETA employment should not be treated differently for this benefit when it accrues all other finge benefits . It simply is not defensible to give a CETA employee all city benefits (including vacation) , yet qualify one such benefit by stating that CETA years of service do not count Mayor and City Council //bGL January 28, 1981 Page 3 for vacation accrual . Finally, any employee who received severance pay must buy back sick leave severance pay (much as one buyes back PERA) to have "continuous" service for benefit purposes . (In Mr . Houser ' s case he received $1 , 743 .28 in sick leave severance pay . ) Summary Council may be tempted to conclude that I have made far too big an issue(s) of this matter . However , I did not create any of the four issues above , they were here and I simply observed them. T honestly believe that all four need to be addressed to truly resolve the problem. The cost to the City is minimal - effecting vacation for 3 employees and the benefits in long term personnel administration are consider- able ! Recommended Action 1 . Direct preparation of a resolution amending the current personnel policy by dropping the word "continuous" from Section 8 Vacation Leave With Pay , and add that sick leave severance pay received shall be bought back in order to enjoy the continuous service , (a . The original starting date of Mr . Houser, less time off , would then be in com- pliance with the personnel policy , b. This change also affects Phil , Dee Dee and Pat) . 2 . Reaffirm that the Council will require that Section 2 .07 of the City Code will be utilized when an appeal is made . 3 . Move that personnel requests shall be considered by the Council only at the time of employment or during the budget cycle. 4. Move that CETA employees shall be treated the same as other employees in accruing vacation . JKA/jms attachment CITYOF SPS i m, INC0 P0RATLC0 1070 'tin 129 E. First Ave., Shakopee, Minnesota 55379 (612) 445-3650 ` f November 19 , 197`1 ;1•; Mr . Leroy Houser 2021 Marschall Road Shakopee , MN 55379 Dear Leroy : This letter is to inform you that on November 7 , 1979 , the Shakopee City Council appointed you to the position of Building Inspector for the City of Shakopee effective November 19 , 1979 , at an annual salary of $23 , 540. You will he in a probationary status for six months and will be eligible for a salary increase at the time you are granted permanent employee status . You will not be give credit for your prior service with the City of S copee for purposes of vacation or sick leave benefits . You can reinstate your retirement benefits if you have drawn your money out . Please work this out with Finance so that you will not lose any benefits you are entitled to for your prior service . I want to personally welcome you back to the City staff and look forward to working with you again . S i rlcefial , (\ VZ_e: ---, Douglas S . Reeder City Administrator DSR/ jiw • V,i I I , li • An Equal Opportunity Employer i • , Pf "-- MEMO TO : John K . Anderson , City Administrator .. FROM : Gregg Voxland , Finance Director RE : Vacation Policy DATE : December 10, 1980 Introduction Council took action last month regarding an individual ' s vacation . I would like clarification as to the exact intent of Council ' s action in this instance and how it impacts the personnel policy and other employees . Background The Council moved to reinstate LeRoy Houer ' s third week of vaca- tion at the November 4 , 1980 meeting . Clarification is desired as to what Council actually intended to do . Did they : A . Grant 3 weeks of vacation for 1980 , and for each year thereafter indefinate.ly . B . Grant vacation at the rate of three weeks per year effective November 5 , 1980 and thereafter . C . Intend to change his employment date back to his original employment date (allowing adjustments for the break in employment) and ignore the fact that he quit and was rehired . Number one and number two do not address future changes in vacation accrual in accordance with the Personnel Policy . The Personnel Policy states that all full time and part time employ- ees shall earn vacation leave in accordance with the following schedule : 0 - 5 years of continuous* employment 10 days 6 - 15 years of continuous* employment 15 days 16 + years of continuous* employment 20 days ( For part time employees this sha l I he' computed on the basis of time actually worked ) . LeRoy Houser actually quit , drawing his severance pay and was later rehired including serving a six month probationary period . He was also paid as a consultant for inspection work performed while he was not an employee . *NOTE - The Policy does specify continuous employment . Other employees that should be considered in the interest of equity include : Phyllis Knudson who worked from January-June 1975 , was laid off for 3 months and came back under C .E .T .A . in September 1975 . C .E .T.A . funded employees are to be treated as any other City employee under the terms of the grant . Her service date for vacation accrual has previously been considered to be September 1976 when C .E .T .A . funding terminated and she stayed on as a City funded employee , rather than 1975 when she commenced employ- ment with the City . Pat Mohrbacher commenced employment August 1977 under a C .E .T .A . program . Her situation is the same as Phyllis but has not com- pleted 5 years of service yet . Diane Heinz commenced employment June 1968 . She has been employed continuously although 2 years were part Lime rather than full time and part of that was C . E .T .A . funded . She did not begin earning her third week of vacation until October 1979 . Her adjusted 5 year point was January 1974 and she did not get the third week when it was adopted . Her situation will arise again at the 15 year point . Alternatives (re : LeRoy Houser) 1 . Clarify Mr . Houser ' s situation (A , B , or C above) and have him remain as an exception to the policy . 2 . Reconsider Council action of November 4 , 1980 and have Mr . Houser ' s vacation follow the schedule in the Personnel Policy . 3 . Change Personnel Policy to reflect net total years of service rather than continuous years of service . Alternatives (re : Former C .E .T .A . employees) 1 . Continue to not recognize C .E .T .A . funded years of service for purposes of determining service date for vacation benefits . 2 . Recognize the employment date (whether C . E .T .A . involved or not) for determining service date for vacation benefits . Recommendation Recommend alternative 112 for Mr . Houser because he did quit and was rehired , it is consistent with the adopted Personnel Policy and is more equitable to all employees . Recommend alternative #2 for former CETA funded employees because the Personnel Policy does not distinguish C .E .T .A . participants , C .E .T .A . grants specify that they be treated as a regular City employee and it is not fair to penalize the employee because they started under C .E .T .A . Ms . Knudson would receive the 3rd week a year sooner and Ms . Heinz would earn her 3rd week from February 1978 instead of October 1979 . GV/jms Vacation Policy Survey 1/27/81 Is additional vacation based on continuous employment or total years of service ( if there is a termination of employment and a return) . COON RAPIDS Policy does not say continuous . Manager would consider each case . Policy does not address . EAGAN Their policy needs work. The subject is not addressed. Assume credit would be given. ST. LOUIS PARK Employee would start over. Can ` t. think of any reason to make an exception. EDINA Manager would consider each case.. HOPKINS Manager must approve . Employees earn severence pay after five years and if they leave and collect it and ccme back they would start over . If gone less than one year would count earlier employment , unless a layoff is over one year and no severence pay was collected, would then count earlier employment . jsc e:(0EHa„ CITY OF SHAKOPEE 4�y'- .,---��-, 129 East First Avenue, Shakopee, Minnesota 55379 a w 0 ir �'�l 11 t MEMO TO: John Anderson, City Administrator FROM: LeRoy Houser, Building Inspector 1 SUBJECT: Eagle Creek Town Hall I DATE: February 2 , 1981 Introduction: As per our conversation regarding the most recent fire at Eagle Creek Town Hall of January 31 , 1981 , it appears damage is in the area of $15 ,000 to $18,000. The fire was set just for the fun of it as no attempt was made to gain entrance to the building. The only way to secure this building is to block up the windows with concrete blocks and install a motion and heat sensor tied into a security system. However, the roof is still combustible and could be set on fire. I am extremely concerned the insurance carrier will remove this building from our insured list or raise the premiums to a pro- hibitive dollar amount. RECOMMENDATION: I strongly recommend 1 . We block up the windows at an estimated cost of $1 , 000 which will not be covered by insurance. 2. Install the security system at an estimated cost of $1 ,000 plus $25 .00 per month. 3. Have the building completely repaired. 4. Remove the so-called solar system from the site and block up the supply hole in the wall as it jeopardizes the buildings security. 5 . Have the Scott Carver Economic Council pay the cost over and above our insured amount and assess them the security service monthly payment of $25 .00. LFH:plk MEMO TO : John K. Anderson , City Administrator FROM: Judith S . Cox, City Clerk RE : Empire Vending and Music Company Inc . DATE : February 3 , 1981 For Your Information Empire Vending and Music Co . Inc . (located in the Minnesota Valley Mall) surrendered their liquor licenses today. (It was indicated that there was a lease problem which could not be resolved . ) One-half of the Garcia Inn Inc . license fee was paid in June of 1980 and the second half was due January 1 , 1981 . The second one- half fee was paid by the new licensee in the amount of $2 ,350. The check for payment did not clear the bank. The matter will be sent to the City Attorney for process , should there be some proce- dure available to obtain the lost revenue . JSC/jms