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HomeMy WebLinkAbout02/02/1982 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE : January 29 , 1982 1 . Both parties that were assessed for the Dutch Elm removal late last year have paid the assessment in full . 2 . The City has won its tax case with Shakopee Housing Company which had been seeking to be reclassified so that its taxes would be based upon 5% rather than the current 20% of market value . Both of these reduce tax categories are available for certain federally assisted housing projects in cities under 10,000 in population. 3 . We have received the printed revisions to the City Code. Please bring your City Code books (put your name on it ) to the meeting Tuesday and we will up-date them for you by the next meeting. 4. The snowmobile ordinance will not be ready for the February 2 , 1982 meeting. The meeting has been held with the Snowmobile Club and in addition to working on the ordinance they will assist one of Tom' s men in doing some patrolling. 5 . I attended the January 26 , 1982 County Board Meeting when the Hennepin County Park Reserve Board was present to discuss their interest/concerns in Murphy ' s Landing. Two problems surfaced : ( 1 ) Scott County will have to somehow guarantee (with or without help from private foundations etc . ) the $50 ,000 annual operating match that Maurice Stans has made a condition of his offer. The Park Reserve will not get involved in the management of a pro- gram that will require dollars from Hennepin County tax payers . ( 2 ) The Minneapolis Park Board has gone on record as opposing the proposal and is currently lobbying the Hennepin County Board and other such elected and appointed bodies . This makes the timing of the proposal very awkward and it was the Hennepin County Park Reserve ' s recommendation to the Scott County Board to "go slow" . It appears that we should take a "wait and see" attitude while Scott County decides what to do. Contact me if you question this strategy . 6 . There is no resolution supporting the City of Ramsey' s fight against the State ' s Local government Aid Formula because , after contacting them and asking for a copy of their resolution, their administrator said they had not progressed that far . There are two communications on Tuesday ' s agenda , however, that relate to this same issue . 7 . The Cable Committee has recommended the attached schedule for the award of the cable franchise . No Council action is necessary at this time , although the Council will eventually need to set the public hearing. Councilmembers are still welcome to attend the tour of cable facilities in Worthington and St . Peter on February 5 , 1982 . Contact Jeanne Andre if you plan to go. Non-Agenda Informational Items Page Two January 29 , 1982 8 . Attached is a copy of Senator Bob Schmitz ' s news release regard- ing the women' s correctional facility. 9 . Attached is the .monthly calendar for February. 10 . Attached is a flyer on a Hazardous Waste Management meeting. Contact Judy if you want to attend. 11 . Attached are the Board of Adjustments and Appeals and Planning Commission agendas for February 4, 1982 . 12 . Attached is an informational memo from Bo Spurrier re : Bridge Replacement on TH 169 . 13 . Attached are the minutes of the January27 , 1982 Ad Hoc Cable Communications Committee . 14 . Attached are the minutes of the January 7 , 1982 Planning Commis- sion meeting. 15 . Attached are the minutes of the January 14, 1982 Shakopee Community Services Advisory Council meeting. 16 . Enclosed is your approved copy of the 1982 Capital Improvement Plan. 17 . Attached is the monthly report for the period ending December 31 , 1981 . JKA/jms 7 City of Shakopee Suggested Schedule for Cable Franchise Award February 5 , 1982 - Tour of Cable Facilities in Worthington and St. Peter March 8 , 1982 - Consultant Report Received *March 9 , 1982 - Consultant Report forwarded to Council and Committee - Committee Meeting March 29 , 1982 - Cable Company response to Consultant Report Due **March 30 , 1982 - Consultant Presentation to Council and Committee - 2 hours April 15 , 1982 - Final Consultant Report received and forwarded to Council *April 20 , 1982 - Final Consultant Presentation to Council and Committee - 1 hour - Committee Meeting *April 27 , 1982 - Public Hearing Cable Company Presentations Public Comment April 28 , 1982 - Committee Meeting May 4, 11th or 18th - City Council Award Franchise Regular Council Meeting Night **Off Council Meeting Night NEWS RELEASE January 26 , 1982 FROM: The Office of State Senator Robert Schmitz 235 Capitol Building, St. Paul, Minnesota, 55155 (612) 296-7157 State Senator Robert Schmitz today said he will continue his efforts to ensure that the Women ' s Correctional Facility is not moved from its Shakopee site. "I firmly believe that both the state and the community of Shakopee have a stake in keeping the Women ' s Correctional Facility on its current site, " Schmitz said. "Therefore, I will continue to work toward passage of proposals which would see a new, more secure facility constructed on the present state-owned site , rather than the transfer of the institution to another community. " Schmitz added that he has worked on the issue with Senator Gerry Sikorski , Chairman of the Senate Finance Subcommittee on Health, Welfare and Corrections , and Sikorski agrees with his position. "I see a number of advantages in retaining the Shakopee loca- tion, " Schmitz said. "And, in conveying those advantages to Senator Sikorski , I have gained his support. " Sikorski this week agreed, saying Schmitz "has made some very convincing arguments in favor of Shakopee ' s status as the site of the Minnesota Women' s Correctional Facility. " "Clearly, Shakopee has already made the adjustments in community relations necessary to support such a facility, " Schmitz said. "The community has been supportive and understanding, and moving the facility would undo considerable progress. " Schmitz added that transferring the facility (Rochester is one suggested site) would also disrupt the local economy, as well as the lives of current institution staff and administration. -more- 2 . "The approximately five dozen employment opportunities offered by the correctional facility have had a positive effect on our area economy , " Schmitz said . " In addition , to move the institution would cage considerable disruption in the lives of correctional facility staffers and their families , • who would be faced with the choice of embarking on new careers or transferring their families to a new community . " Schmitz added that the proposed Rochester site would also create problems for residents . "About two-thirds of the residents are from the Twin Cities area , " Schmitz said . "A statistic that makes a -great deal of sense when one considers that the bulk of the state population is concentrated in the metro area , " Schmitz said . "To transfer that resident population would move them further from their home communities and families , a situation analysts indicate would not only reduce the likelihood of family visits , but also hamper rehabilitation efforts . " "Overall , I feel a new facility on the Shakopee site represents the most logical and responsible approach to the problem at Shakopee , " Schmitz said . "Clearly , the present facility is outdated and must be reconstructed . Just as clearly , however , the logic behind its Shakopee location is not outdated . " - 30 - RJS/st $ 1 4 \-O Cr) O ,-1 N N P H H Q) cn 4 Lf-) cd O N cr O H ,-i ,-1 N 44 P O • b0•, E •r-I cn Cs. E-i E O cd E cn O •• ,-I c0 v) . P-1 U N- ,-1 ,H N N >4 • c0 E OT 7-1 co a N R� p •r O H • oCl,in G.) P-, o —1 o PO OUWO W r1 O •• O cd •• N- 1.-1 W r-I SHUN ,--I N >-i ''- •,-I (f) •• E m E E cn N. O • cn 0 • W Ua (I.) Qi C-.) ,.-1 Cl)I Cf) O ,- O O 0 N W •rl •• 0, 0 •• •r'l •• cn d U r 3 U n N U • >4 C/) • 4 •a) E• a.) EaE o � ,-I • • ,-+ moo EO a) Q 4 •rc'') Eo O rl •• 00 '-n o .. .,- •. N P- -.1r rIU %..0wc0 N A B rn N- c--I CO ,-I N N MINNESOTA LEGISLATURE SCIENCE & TECHNOLOGY RESEARCH OFFICE Registration Information for Seminar on HAZARDOUS WASTE MANAGEMENT OPTIONS IN MINNESOTA Monday, February 8, 1982 Radisson Plaza Ballroom Dinner: 5:15 p.m. in the NEW Radisson Plaza St. Paul Seminar: 6:15 - 10:15 p.m. Town Square Building, 411 Minnesota St. Preregistration is necessary in order to ensure adequate seating space for those attending. The seminar is designed to provide a forum for discussion between legislators and hazardous waste management experts, and priority will be given to legislators and legislative staff wishing to attend. Dinner is restricted to legislators, legislative staff, Resource Council members, and seminar speakers. LEGISLATORS AND LEGISLATIVE STAFF: Return the registration form (below) no later than THURSDAY, JANUARY 28, 1982. You may also register by phone by calling 296-8041. If you wish to attend the dinner preceding the seminar, please include a check for $10.00 with your registration. NON-LEGISLATIVE PEOPLE: Return the registration form (below) by THURSDAY, FEBRUARY 4, 1982. Please include a check for $8.00 (for seminar only) with your registration. Parking: Parking is free from 6:00 p.m. to 9:00 p.m. on Monday nights in the Town Square Ramp (6th and Minnesota) and in the Seventh Place Parking Lot (an open lot between Cedar and Wabasha) . Prior to 6:00 p.m. and after 9:00 p.m.. , parking costs are 50 cents per hour. MTC bus service is available between the bus stop in front of the State Office Building and the Town Square Building. REGISTRATION FORM NAME Please mark the appropriate box. AFFILIATION LEGISLATORS AND LEGISLATIVE STAFF: ADDRESS Will attend dinner (include $10.00 check) CITY STATE ZIP 0 Will attend seminar only (no fee) TELEPHONE NON-LEGISLATIVE PEOPLE: Make checks payable to SCIENCE & TECHNOLOGY n Will attend seminar (include $8.00 check) and MAIL TO: Minnesota Legislature Science & Technology Research Office Room 49, State Office Building St. Paul, Minnesota 55155 LSEE REGISTRATION FORM ON REVERSE SIDE 1 Agenda for Legislative Seminar on HAZARDOUS WASTE MANAGEMENT OPTIONS FOR MINNESOTA Monday, February 8, 1982 4:45 REGISTRATION 5:15 DINNER 6:00 DESSERT, WELCOME, AND AUDIENCE SEATING Rep. Tom Rees - Chairman, Joint Legislative Committee on Science and Technology Dr. William Shepherd - Chairman, Science and Technology Resource Council 6:16 MINNESOTA'S LEGISLATIVE AND ADMINISTRATIVE FRAMEWORK Sen. Gene Merriam - Chairman, Legislative Commission on Waste Management Robert Dunn - Chairman, Minnesota Waste Management Board 6:35 MINNESOTA'S HAZARDOUS WASTE PROFILE Steve Riner - Chemist, Minnesota Waste Management Board 6:55 SEMINAR OVERVIEW Daryle Thingvold - Member, Resource Council and Chairman, Seminar Planning Committee 7:00 PROCESS CHANGE/MODIFICATION Joan Berkowitz - Vice President, Chemical Systems Section, Arthur D. Little, Inc. 7:15 RECOVERY, REUSE, AND RECYCLING OPTIONS Harry Freeman - Project Engineer, Toxic Waste Assessment Project, California Office of Appropriate Technology 7:30 DISCUSSION 7:45 BREAK (refreshments) 8:00 TREATMENT AND DISPOSAL OPTIONS • Chemical Treatment, Incineration, and Storage Technology David Bauer - Vice President, Environmental Affairs, IT Corporation • Landfill Technology and Cost Issues Phil Buckingham - Principle, Hazardous Waste Management, Environmental Resources Management • Long-Term Landfill Care and Management Cost Issues Gaynor Dawson -- Associate Manager, Water and Land Resources Department, Battelle Northwest Laboratories 8:45 LEGISLATIVE POLICY OPTIONS • Overview of Various States Jonathan Steeler - Manager, Solid and Hazardous Waste Project, National Conference of State Legislatures • California Program Kent Stoddard - Project Director, Toxic Waste Assessment Project, California Office of Appropriate Technology • Industry Incentives Donald Fressie - Manager of Facilities and Energy, Ingersoll-Rand Company 9:15 DISCUSSION 10:15 ADJOURN // TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee , Minnesota February 4 , 1982 Chrmn. Schmitt presiding ADMINISTER THE OATH OF OFFICE TO NEW MEMBERS - 7 : 25 P .M. 1) Roll Call at 7 : 40 P.M. 2 ) Election of Officers for 1982 . 3 ) Approval of January 7 , 1982 meeting minutes . 4 ) 7 : 50 P.M. PUBLIC HEARING: Request for a Conditional Use Permit for the storage of bulk liquids in an I-2 Zone . Applicant : Lange Tank & Maintenance Company 682 39th Avenue Northeast Minneapolis , MN 55421 Property Owner/Location: Ashland Chemical 4401 Valley Industrial Blvd. So . Shakopee , MN 55379 Action : Conditional Use Permit Resolution No . 293 5 ) 8 : 00 P .M. PULBIC HEARING : Amendment to Shakopee City Code , Section 12 . 07 (Subdivision Regulation - Design Standards for Streets) , setting forth one-way street standards . Applicant : City of Shakopee Action: Recommendation to City Council 6) Discussion: Shakopee Sports Center Conditional Use Permit Resolution No . CC-143 (Renewal) , continue operation of an open sales lot in a B-1 Zone . Applicant : John Laudon Shakopee Sports Center 1038 East 1st Avenue Shakopee , MN 55379 Action: Review OR Set public hearing for March 4th for renewal (/ Tentative Agenda February 4, 1982 Shakopee Planning Commission Page -2- 7 ) Information Items : a) City Council ' s Commendation to Planning Commission. b) City Council ' s Agreement on Bulk Storage of Liquids . c ) d) 8 ) Other Busiiics.; 9 ) Adjourn Don Steger City Planner TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota February 4 , 1982 Chrmn. Schmitt presiding 1) Roll Call at 7 : 30 P.M. 2 ) Election of Officers for 1982 3 ) Approval of Minutes of December 10 , 1981. 4 ) 7 : 35 P .M. PUBLIC HEARING: Request for a three (3 ) foot side yard variance to construct an attached garage . Applicant : James E. Fox 1708 West 12th Avenue Shakopee, MN 55379 Action: Variance Resolution No. 294 5 ) Other Business . 6 ) Adjourn. Don Steger City Planner MEMO TO : John Anderson City Administrator FROM : H. R. Spurrier -- City Engineer RE : Bridge Replacement on Trunk Highway 169 DATE : January 20, 1982 Introduction: Minnesota Department of Transportation has condemned the bridge immediately south of the junction of Trunk Highway 212 and Trunk Highway 169 and will begin the work of replacing this bridge in the spring of 1982. Background : Partial plans for the proposed work are on file for inspection in the Engineering Department office. At present time, Mn/DOT proposes to let this project March 26, 1982. Users of Trunk Highway 169 could look forward to some delays once road construction begins. Should anyone have questions regarding this project, please contact the Engineering Department. HRS/jiw /3 AD HOC CABLE COMMUNICATIONS COMMITTEE Shakopee , Minnesota Special Session January 27 , 1982 Vice-Chairman Christensen called the meeting to order at 6 : 10 p.m. in the Council Chambers of City Hall , with Committee members present : Gorman and Kirchmeier. Chairman Foudray came late . Committee mem- bers Abeln and Davis were absent . Also present was Jeanne Andre , Administrative Assistant . It was noted that a quorum did not exist and no official action could take place . The minutes of January 6 , 1982 were discussed . Barry Kirchmeier noted that he chose to abstain from voting on the purchase of tapes until the Committee reached a consensus on its duties . The Committee determined that it would only discuss more urgent agenda items at this time and defer other items until the next meet- ing in order to attend the Chaska public hearing regarding the cable franchise . Chairman Foudray arrived at 6 : 32 p.m. Kirchmeier/Gorman moved to amend the minutes of January 6 , 1982 , page 2 , second paragraph, number 1 to read "Neither prospective cable company has planned the showing of X-rated movies" . (This sentence would be followed by the two sentences originally pre- sented in number 1 . ) Motion carried. Christensen/Kirchmeier moved to amend the minutes to show that the third motion presented on page 1 , paragraph 6 , did carry, and delay discussion of recinding the motion until the next meeting. Motion carried. Gorman/Kirchmeier moved to approve the suggested schedule for Cable Franchise Award with modifications suggested by Anita Benda. Motion carried. The Committee determined that it would meet again on Wednesday, February 10 , 1982 , at 7 : 00 p.m. Gorman/Kirchmeier moved to recommend the rental of a Winnebago from Brambillas to provide transportation for the February 5 , 1982 tour of cable facilities . Motion carried. Gorman/Kirchmeier moved to adjourn at 6 : 55 p.m. Motion carried. Eileen Christensen Vice-Chairman Jeanne Andre Recording Secretary PROCFFDINGS OF THE PLANNING COMMISSION Regular Session Shakopee, Minnesota January 7, 1982 Chrm. Schmitt called the meeting to order at 7:30 P.M. with Comm. Rockne, Koehnen, Vierling, Perusich, and Stoltzman present. Absent was Comm. Coller. Also present were Don Steger, City Planner and John K. Anderson, City Admr. Vierling/Stoltzman moved to approve the minutes of December 10, 1981 as kept. Motion carried with Chrm. Schmitt and Comm. Koehnen abstaining because of their absence at that meeting. PUBLIC HEARING - AMENDMENT TO CITY CODE (Subd. regulations on lot splits) Stoltzman/Rockne moved to open the public hearing which was continued from Dec. 10, 1981, regarding an amendment to City Code, Sec. 12.08, Small Subdivisions. Motion carried unanimously. The City Planner stated that the developers and builders who were heard last month were of the opinion that this additional process of the formal platting procedure was not needed for lot splits, and only a simple review of the Planning Commission would be necessary. Considerable discussion ensued. Dick Wiggin stated that it is the requirement of the hardshell that they are opposed to, as it is expensive and time consuming. More discussion followed. Chrm. Schmitt asked if there were any more comments from the audience, and there were none. Rockne/Vierling moved to close the public hearing. Motion carried unanimously. Perusich/Stoltzman moved to recommend to City Council the adoption of the following policies regarding the splitting of platted recorded lots: To amend Section 12.08, Small Subdivisions, as follows: Section 12.08. SMALL SUBDIVISIONS (LOT SPLITS) The following policies regarding the splitting of platted recorded lots are hereby established. When splitting a platted recorded lot into 2-5 lots, a simple administrative (staff*) review shall be required and an offi- cial survey shall be provided for the administrative review. The City Planner shall have the option of requiring the normal preliminary and final platting procedures due to complexity or special circumstances (such as the need for additional ease- ments, dedications, etc.). The Planning Commission shall be informed of all staff re- views of lot splits at the earliest regular meeting. 'Note: When subdividing unplatted property, the regular preliminary and final platting procedures shall be followed. *Staff shall be defined as the following departments: Plan- ning, Engineering, Administration, Utilities, Building Inspections, Police, Fire, Community Services and Public Works. Shakopee Planning Commission January 7, 1982 l Page 2 Motion carried unanimously. ANNUAL REPORT Koehnen/Perusich moved to approve and forward to City Council the Planning Commission/Board of Adjustments & Appeals 1981 Annual Report. Motion carried unanimously. INFORMATIONAL ITEMS The City Planner informed the Commissioners that City Council moved to grant an extension for 60 days to Dick Wiggin for the filing of the final plat of Minn. Valley 6th Add'n. The City Planner informed the Commissioners of the request by City Council that the Planning Commission discuss bulk liquid storage tanks in regards to the City's requirement for a Conditional Use Permit. The City Planner stated that Leroy Houser, Building Official, feels that when the City requires a conditional use permit for storage tanks, the City has a clear stipulation as to what the contents are. Also, a permit is easy to revoke for violations. Discussion followed. Perusich/Vierling moved to have the Planning Commission reaffirm its support for the present requirement of a conditional use permit for bulk liquid storage tanks. Motion carried unanimously. Brief discussion was held on advisability of reducing the minimum lot size for single family homes. The consensus was that when developers start to request that reduction, that would be the time to consider it. Perusich/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:03 P.M. Don Steger City Planner Diane S. Beuch Recording Secretary SHAKOPEE COMMUNITY SERVICES ADVISORY COUNCIL /5 MEETING MINUTES - JANUARY 14, 1982 The meeting was called to order by Chairperson Jurewicz at 6:00 PM in the Community Services Board Meeting Room. Members present : Mike Sortum, Cheryl Bannerman, David Hart, John Anderson, Anna Mae Walsh, Nell Capesius, Fred Jurewicz, James Stillman, and Earl Fleck. Members absent : Walter Johnson, Jim Cook, Roger Knudson. Others present : Director George Muenchow, Nancy Delin. Nancy Delin, Parenting Co-ordinator for Shakopee Community Services and three neighbor- ing communities reviewed that program as presented in Carver and Scott Counties. a. The program began four years ago with a grant which soon ran out. It now is funded through the Carver/Scott Cooperative Center and other means. b. Observations: Parents are a child's primary educator. Parents are looking for new options to teach their children. Most parents are somewhere between 100% permissiveness and 100% Authoritarians. A current problem requiring a high prioritization of ones time are situations with both parents working. c. "Parents Anonymous". . .Help parents that are not in control of their children. d. Receive referals from Human Services, Special Ed. People etc. e. Receipient of M.C.E.A. "outstanding Program" Award. f. Edits newsletter "For Parents Only". g. One of biggest problems is reaching people. James Stillman, member of the Shakopee School Board, shared current problems of the School District. . . .Not enough money: a. Board has met with staff many times to attempt to locate areas that can be cut. Very few disagreements. b. Board has previously been advised by a citizens committee, but has not had public hearings. Two hearings are now scheduled. c. School District has run a tight ship. Records support this. d. Short approximately $600,000.00 for 1982-1983. Potential of another $300,000.00 additional shortage. Have reduced the Districts Working Capitol Fund down to 3%. e. Concerns at 1st public hearing seemed to be z academic and 2 non academic. f. Booster Club Programs are ok if in harmony with Title IX. g. Another Referendum has been discussed, but must be handled carefully because a second failure would be disastrous. h. Statistics presented at public hearing were well done and impressive. -2- i. Community must pull together on this matter : John Anderson, Shakopee City Administrator, reviewed the City Of Shakopee's current financial status. a. It now appears that based upon current Minnesota State Legislative action that the city will further have to reduce its 1982 Budget 11%. Previously 8% was expected and planned. Therefore, Shakopee City at present is fairly stable financially. Because of disparity in the State Aid Formula Shakopee is very low on the scale and is not being impacted as badly as some other cities. There will be a joint dinner meeting for all members Tuesday evening, March 23, at the Carver—Scott Vocational Center from 6:00-9:00 p.m. The meal will be prepared and served by students in the Carver—Scott Vocational Foods Class. An educational feature will be included in addition to the socialibility to prevail. A chance to mingle with other Advisory Council Members from Chaska, Jordan, Waconia, and Norwood. Additional information will be forthcoming. The meeting was adjourned at 7:30 p.m. Respectfully submitted, George F. Muenchow /Y Y Y1 Y J Y:Y Y T. T A A,A P T P A W, - .Y W W N 1 N N N N N - -- - -' � -•' V Y Y I P N'I- O _ G 9-N A W l - U 0 0 N, • Y r N - O VD 9 CO U . , N I- O �0. 9 V 01 a Li N O.m O V C C A '.4 N w w w1 ' • I w w LA w w wi W w fAI CM(M w;,w CM OJ CA 1 CMI w L4 L41 L4 w wl w w wI( CM w.w to C4:CA w 0 • .0 .0 .D-CD D O!03 03 -4,-4 O)�'UI UI UI•UI CA UI N U N CT UI CA;N U1 Utr LA UI UI CJI .. ccn 4 I * .DT New w NP.r pw r r!0" A 4. 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V TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 2 , 1982 Mayor Reinke presiding 1 ] Roll Call at 7 : 30 P.M. 2 ] Approval of Minutes of January 12th and 19th, 1982 3 ] Communications : ' a ] John Fraser, Shakopee Baptist Church and Ray Kruger, First United Presbyterian Church re : showing of "R" and/or " X" rated material on Cable Television b] Lawrence Samstad , Lower Mn. River Watershed District re : Shiely' s Mn. Frac . Sand Company 4] Liaison Reports from Councilmembers 5 ] RECIGNITION BY CITY COUNCIL OF INTERESTED CITIZENS : 6] Old Business : a] Appointments to Various Boards and Commissions b] Background on Regional Railroad Authorities Act c ] Minnegasco Rate Increase d] Department Head Performance Evaluations e ] Sewer Billing ; (W.C. Harbeck) tabled 1/19/82 f] Valleyfair Ride Inspections : aa] Ord. No. 85 , Amending Sec . 6 . 24 of City Code bb] Ord. No. 86 , Adding Sec . 6 . 26 to City Code g] Lease with "Save O'Dowd Lakes Chain, Inc . " for use of of shoreline on O'Dowd Lake 7 ] Planning Commission Recommendations : a] Policies on Lot Splits - Ordinance No . 81 - Coming Monday 8] Resolutions and Ordinances : a] Res . No. 1977 , Changing the City Administrator and Elections Divisions of the General Fund in the 1982 Budget b] Res . No. 1976 , Appreciation to Richard Hullander c ] Res . No . 1978, Accepting Work on the Kmart Landscaping and irrigation Project d] Res . No. 1979 , Ordering Feasibility Report on Valley Industrial Blvd. So. from CR-83 to East line of Valley Park 2nd - 82-2 e ] Res . No . 1980, Accepting Feasibility Report on Valley Industrial Blvd. So . from CR-83 to East line of Valley Pk 2nd f] Ord . No . 84, Establishing A New Time for Council Meetings g] Res . No. 1975, Supporting Continued Location of the Mn. Correctional Facility in Shakopee 9] New Business : a ] 8 :00. P.M. PUBLIC HEARING - Adopting by reference the Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System b] Deferred Compensation Programs c ] Agreement with CertainTeed Corp. for Furnishing Electrical Power to the Sewage Meter Station (VIP Sewer Interceptor) d] Local Gov' t . Aid and Local Gov' t . Aid (LGA) Formula e ] Minn. Gov' t . Data Practices Act : aa] Res . No . 1974 - Appointing Responsible Authority bb] Direct Letter to Legislators f] Move that the bills in the total amount of $389, 396 . 11 be allowed and ordered paid 10] Consent Business : a] Ladder Truck Repairs b] Tour of Cable Facilities c ] Building Maintenance Contract d] Interfund Transfers 11 ] Other Business : a] Snow removal and citizens ' cars b] 12 ] Adjourn to February 9th, 1982 for worksession. John K. Anderson, City Administrator TENTATIVE AGENDA Housing and Redevelopment Authority in and for the City of Shakopee , Minnesota Regular Session February 2 , 1982 Chairman Leroux presiding 1 . Roll call at 7 : 00 p.m. 2 . Approve Minutes of January 5 , 1982 3 . Consideration of Proposed Amendments to By-Laws a . Discussion b. Table adoption of Resolution No. 80-2 until next meeting 4. Minnesota Government Data Practices Act a. Discussion b. Adopt Resolution 80-1 5 . Other Business 6 . Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ANNUAL MEETING SHAKOPEE, MINNESOTA JANUARY 5, 1982 Vice-Chrm. Leroux called the meeting to order at 7:00 P.M. with Comm. Colligan, Reinke and Lebens present. Also present was Jeanne Andre, HRA Director. Colligan/Lebens moved to approve the minutes of December 1, 1981 as kept. Motion carried unanimously. Reinke/Lebens moved to authorize Shakopee Public Utilities Commission (SPDC) to move the electrical transformer currently located between Lots 3 & 4, Block 3 to the northern easement of Lot 3, Block 3 within 5 feet from the lot line divid- ing Lots 2 & 3, Block 3 at a cost not to exceed $588; and authorize SPUC to re- build the wires on existing electrical poles to the north side and anchor some poles as needed at a cost not to exceed $300; and direct appropriate HRA officials to increase the northern easement for utility and drainage purposes on Lot 3, Block 3, by 5.5 feet. Roll Call: Ayes; Unanimous Noes; None Motion carried. The HRA Director initiated a discussion regarding the availability of additional 235 units. She asked for guidance as far as whether or not HRA should try to secure more units in light of the lack of lots and block money. Discussion followed regarding probable cost of the units, amount of down-payment necessary from quali- fied buyers, etc. The consensus was to authorize the Director to look into pro- bable costs, etc. , but not to spend too much time on it. The HRA Director made comments regarding the Natimal League of Cities' position on Block Grant regulations for the state administered program. Discussion followed. Colligan/Lebens moved to forward this matter to the City Council to have it study the regulations and act on the matter at its meeting on January 12, 1982. Motion carried unanimously. The HRA Director asked the Commissioners to discuss the guidelines she had set up for prioritizing applicants for the 235 Homeownership Program. Discussion followed. Comm. Colligan suggested the Director establish a deadline for applicants and use the priority system she devised for those applicants. Colligan/Lebens moved to take all applications received through today and have the HRA Director prioritize them as she has outlined in her memo, with the date of the application being the final thing to be considered if there is a conflict. Motion carried unanimously. Colligan/Lebens moved to give preference to any application from a non-contingent buyer. Motion carried unanimously. Lebens/Colligan moved to recess the HRA meeting until the new City Council positions have been filled, at which time the City Council will recess so that the HRA can administer the oath of office and elect officers. Motion carried unanimously. HRA meeting recessed at 7:37 P.M. Colligan/Lebens moved to re-convene the meeting of the HRA at 8:10 P.M. Motion carried unanimously. The City Attorney administered the Oath of Office collectively to Gloria Vierling, Dolores Lebens and Jerry Wampach. Shakopee HRA . January 5, 1982 Page 2 A new roll call was taken with Commissioners Lebens, Vierling, Leroux, Colligan and Wampach present. Colligan/Lebens moved to place in nomination Comm. Leroux for Chairman of HRA. There were no other nogiinati ons. Colligan/Vierling moved that nominations be closed and a unanimous ballot be cast for Comm. Leroux for Chairman of HRA. Motion carried unanimously. Lebens/Vierling moved to place in nomination Comm. Colligan as Vice-Chairman of HRA. Lebens/Vierling moved that nominations be closed an a unanimous ballot be cast for Comm. Colligan as Vice-Chairman of HRA. Motion carried unanimously. Leroux/Colligan moved to nominate Com,. Lebens for Secretary of the HRA. Colligan/Vierling moved that nominations be closed and a unanimous ballot be cast for Comm. Lebens for Secretary of HRA. Motion carried unanimously. Colligan/Lebens moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:15 P.M. Jeanne Andre HRA Executive Director Diane S. Beuch Recording Secretary 3 MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE: HRA By-Laws DATE: January 28 , 1982 Introduction I am recommending revisions to the By-Laws of the HRA for clarity and to bring the By-Laws in line with current practice. Attached is a copy of the By-Laws with suggested revisions . Background The By-Laws were originally adopted in 1968 . Some revisions have been adopted since that time . However even with existing revisions the By-Laws do not strictly conform to current practice , so addi- tional revisions are recommended. Some additional changes are recommended for clarity . My goal is to improve the By-Laws and then provide each Commissioner with a revised copy, which should especially help the new Commissioners . I will explain the rationale for each suggested revision at the meeting. However you should be aware of the notation system in advance of the discussion. 1 . Previsouly approved revisions to the By-Laws are placed in parenthesis with a left-margin notation as to the number and date of the resolution adopting the change . 2 . Items recommended for deletion are overlaid with dash marks . 3 . New items recommended for inclusion are underlined. (Note that old section headings while underlined, are also in capital letters and are not new additions . ) The revisions cannot be adopted at the February 2 , 1982 meeting because the Commissioners will not have the suggested revisions five days in advance of the meeting. Recommended Action Discuss the suggested revisions to the By-Laws , recommend modifica- tions and table for approval at the next HRA meeting. JA/jms BY-LAWS 3 OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE Adopted May 14, 1968 With Suggested 1982 Revisions PREAMBLE The Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota herein after referred to as the Authority was created pursuant to Minnesota Statutes 1965, Section 462.411 et seq. Pursuant to the Statute, the Council of the City of Shakopee caused to be published in the Shakopee Valley News on January 18, 1968 notice of a public hearing to be held on February 13, 1968 on a proposed resolution setting forth findings as required by the Statute above stated. On February 13, 1968 the Council of the City of Shakopee adopted a resolution of findings as required by the Statute which was published on February 29, 1968, in the Shakopee Valley News. Mayor Ray Siebenaler appointed five commissioners. These appointments were approved by the Council, approval of the appoint- ments of Vern Lang, Dennis Hron, Bernard Gerlach, Carlos Luis, and Donald Aschenbrenner as commissioners being made by the Council on March 12, 1968. The commissioners took their oath of office on May 14, 1968. The first meeting of the Authority was held on May 14, 1968. ARTICLE I - AUTHORITY Sect. A - NAME. The legal name of the Authority is "The Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota" and hereinafter referred to as the Authority. On documents of a non-legal nature, the common name used shall be "Shakopee Housing and Redevelopment Authority". (Sect. B - SEAL. The Authority shall have a corporate seal bearing its legal name and the year of incorporation. The Executive OMIT Director of the Authority shall have the custody of the seal Res. # 80-7 of the Authority and the right to affix it on behalf of the 8/5/80 Authority and said Executive Director is further authorized under his signature and by affixing the corporate seal of the Authority to certify to copies of any of the records of the Authority and any documents in its possession or under its control. ) Sect. C - OFFICE. The principal office of the Authority shall be determined by resolution of the Authority. , 3 By-Laws (continued) (2) ARTICLE II - ORGANIZATION Sect. A - Membership. The Authority shall consist of five Commissioners as established in Minnesota Statues, Section 462.425, Sub- division 5, who are residents of the City of Shakopee. Mem- bers shall be appointed by the Mayor and approved by the City Council by resolution. Sect. A - OFFICERS. The officers of the Authority shall be the Chairman, B Vice Chairman, and Secretary. They shall be elected by and from the Commissioners at the Annual Meeting of the Authority imme- diately after the roll call and approval of the minutes of the previous meeting or meetings, and shall take office immediately and each so elected shall hold office until the election and qualification of his successor. In case of vacancy occurring in a given office, it shall be filled by election for the unex- pired term at any regular or special meeting of the Authority, but notice of such proposed election shall be given as in the case of notice of special meetings of the Authority. Sub-Sect. 1 - CHAIRMAN. The Chairman shall preside at all meetings of the Authority. Sub-Sect. 2 - VICE CHAIRMAN. The Vice Chairman shall preside at any meeting of the Authority in the absence of the Chairman and may exercise the powers of the Chairman during the inability of the Chairman to act and during the absence of the Chairman from the City of Shakopee. In the absence or inability of the Chairman and Vice Chairman at any meeting, the Commissioners may elect from their members a Chairman pro tem who shall preside at such meeting. SECRETARY. The Secretary shall keep minutes of all meetings of the Authority. In the absence or inability of the Secretary to act, the Commis- sioners attending the meeting may elect a Secre- tary pro tem to act at and to certify the minutes of said meeting. In the absence of the Secretary from the City, or his inability to act, any other Commissioner may execute any and all documents on behalf of the Authority that would be executed by the Secretary were he present. The Secretary may delegate to the Executive Director such of his powers as he is not legally required to execute personally. Sect. B - MEETINGS. Parliamentary procedure at meetings of the Authority C shall be governed by the last edition of Robert's Rules of Order, revised. In the absence of a quorum, any meeting may be adjourned from time to time. In the event any regular or annual meeting shall fall upon a legal holiday, such meeting shall be held on 3 By-Laws (continued) (3) the same-day-ef-the-week-ere-week-iater,--previded;-hewever; that-if-sueh-day-be-a-iegai-heiiday;-then-sueh-meeting shall-be-held-en-the-safe-day-ef-the-week-twe-weeks-later, next business day. The meetings of the Authority shall be held at its principal office unless another place be fixed by the Chairman, in which case notice of the time and place of such meeting shall be given as in the case of notice of special meetings. All resolutions submitted to meetings shall be reduced to writing prior to or at the time of voting. No resolution need be read aloud, except that any commissioner present may ask that any resolution be read, whereupon it shall be read. 1st Adoption Sub-Sect. 1 - ANNUAL MEETING. The annual meeting of the #77-1 1/5/77 Authority shall be held on the (first Tuesday) Per Res. # in January at 7+3A 7:00 P.M. (Emeept-when-the 77_5 first-Tuesday-€alis-en-January-1st;-then-the 12/13/77 annual-weeting-shall-be-held-the-same-evening as-the-C.ity-geuneii's-first-meeting- n-January,) Estab. in Sub-Sect. 2 - REGULAR MEETINGS. The date of regular meetings Res. # 77-2 shall be established by resolution. 1/11/77 Sub-Sect. 3 - SPECIAL MEETINGS. Special meetings of the Authority may be called by the Chairman or in his absence or inability by the Vice Chairman or Secretary at any time, provided not less than 24 hours notice of the time, place, and purpose of said special meeting be given by the officer calling the meeting. Special meetings shall be called by the Chairman upon written request of two other members of the Authority. Notice may be given personally by telephone, telegram, writing, or in other manner of which a proper record is kept. Sub-Sect. 4 - QUORUM. A quorum shall consist of three (3) members. Sub-Sect. 5 - ACQUISITION VOTE. In the case of a vote con- cerning the acquisition of property, an affirma- tive vote of at least three (3) Commissioners shall be necessary. Sect. C - RXECATiVR-AiRRCTAR,--The-staff-shall-be-headed-by-an-Rmeeutive D Direeter-whe-shali-be-appeinted-by-the-Cemmsseners-and Per Res. whese-tenure-ef-effiee;-rate-ef-eempensatien;-and-ether # 77-3 terms-ef-empleyment-shall-be-determined-by-Fthe-City-Aeaneil 1/11/77 ef-the-Glty-ef-ShakepeO. Staff and Executive Director. The Staff shall be provided by the City of Shakopee and shall be headed by the person designated by the City Council of the City of Shakopee as the Executive Director. The tenure of office, rate of compensation and other terms of employment By-Laws (continued) (4) for staff members shall be determined by the City Council, in accordance with the budget approved by the Authority. (The Executive Director) shall have complete responsibility for administration of the affairs of the Authority pursuant to policies determined by the Commissioners. ARTICLE III - FINANCE AND CONTRACTS Sect. A - FISCAL YEAR. The calendar year shall be the fiscal year of the Authority for general administrative purposes; however, other fiscal years for specific purposes or undertakings of the Authority may be established as required or desirable. Sect. B - BUDGET. A budget shall be prepared by the Emeeative-PieeeteF City Administrator with assistance from the Executive Director and submitted to the Authority for approval. Sect. C - STAFF. The staff of the Authority shall be employed in accord- ance with policies to be determined by the Aethenity City of Shakopee. 14. The filling of staff positions shall be in accordance with the current operating budgets approved by the Authority. Apprevai-ef-the-Aatheeity-shall-be-ebtained befere-any-emeeative-staff-pesitiens-are-fiiied, -24 Sleeke-shall-be-signed-by-the-Emeeative-Deeetee-a€-the Aathepity-and-eeiinteesigned-by-the-ghairmaR-a€-the-Aatheeity er-t ►e-1iee-Chairman, Sect. D - CONTRACTS AND PROCUREMENT. Sub-Sect. 1 - All construction work, and work of demolition and clearing, contracts for services and for repairs, maintenance and replacements, and every purchase of equipment and supplies of materials and contracts therefor shall be in accordance with financial policies and procedures of the City of Shakopee. Sub-Sect. 2 - Except for the purchase of expendable office supplies, no contract shall be made by the Authority through any officer or employee, except in writing approved as to form by the attorney for the City of Shakopee either by endorsement thereon or by separate writing. Sub-Sect. 3 - EXECUTION OF CONTRACTS. Unless otherwise directed by the Authority or required by the United States or Federal agencies furnishing funds to the Authority, all contracts shall be executed on behalf of the Authority by the Chairman and Executive Director. Sub-Sect. 4 - PREVAILING WAGES. The Authority will pay pre- vailing wages as required by law and by contract with Federal agencies. 3 By-Laws (continued) (5) Sect. E - DISBURSEMENTS Sub-Sect. 1 - FEDERAL FUNDS. All funds received from the Govern- ment of the United States or any of its agencies shall be disbursed and accounted for in accordance with the regulations or requirements from time to time made by the Federal agencies furnishing said funds to the Authority. Sub-Sect. 2 - PEF9SlTST--Al1-ferries-Feee4ved-by-the-Aetheeity frem-any-seepee-whatseeven-shall-be-depesited in-appFeved-bank-aeeeants-ef-the-AetheFity-and shaii-be-disbeFsed-enly-by-eheek, Sub-Sect. 3 - CRECKST--Ail-eheeks-dFawn-en-bank-aeeents-ef-the AetheFity-shall-indieate-the-fend-and;-in-the-ease ef-a-pFe4eet;-the-prejeet-te-be-ehapge4,--Cheeks shall-be-signed-by-the-Emeeetive-Pineetela-and eeentensgned-by-the-ChaFinan-ef-the-AetheFity ev-the-Vee-Charman-r Sub-Sect. L - Accounting System. The accounting system for the Authority will be operated in the same manner and in combination with the accounting system for the City of Shakopee, with a separate fund established to account for the Authorities monies and invest- ments. Deposits and drawing of checks shall be handled in the same manner as authorized by the City Council for the accounts of the City of Shakopee. Sub-Sect. 5 - Audit. An annual audit shall be conducted by a firm designated by the City Council. Results of the audit will be reported to the City Council and placed on file with Authority records. ARTICLE IV - AMENDMENTS The By-Laws may be amended at any meeting of the Authority, provided that notice of such proposed amendment be mailed to each member of the Authority at least five four days prior to such meeting and provided a majority of the membership of the Authority vote in favor of the amendment. Notice of change in By-Laws shall also be given to the members of the City Council of the City of Shakopee. 3 RESOLUTION NO. 82-2 A Resolution Amending The By-Laws of the Housing and Redevelopment Authority in and for the City of Shakopee , Minnesota WHEREAS , the original By-Laws of the Shakopee Housing and Redevelopment Authority were adopted on May 14, 1968 and sub- sequently amended in Resolutions 77-1 , 77-3 , 77-5 and 80-7 ; and WHEREAS the Shakopee Housing and Redevelopment Authority seeks to incorporate all previous amendments and adopt additional amendments at this time . NOW, THEREFORE BE IT RESOLVED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA that the attached By-Laws as amended and dated are hereby approved and adopted by reference in their entirety as though repeated verbatim herein. Adopted in session of the Housing and Redevelop- ment Authority in and for the City of Shakopee , Minnesota , held this day of , 1982 . Chairman ATTEST : Executive Director HE/1- `f (DuncA I l� MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk and Jeanne Andre ,.. tRA Director RE: Minnesota Government Data Practices Act DATE: January 26 , 1982 Introduction In the last half of 1981 a number of workshops were conducted for municipal employees on the "Minnesota Government Data Practices Act" . Attending these workshops has made staff aware of the significant time and responsibility the act places on governmental units . Speci- fically, the City and HRA are to adopt a detailed procedure to collect data , classify the data and provide and limit access to the data. Total compliance is no small matter, although of course no financial means of meeting this responsibility was provided to cities . Background The original Data Privacy Act was adopted in 1974 and has been amended and expanded from four pages to 38 pages . It currently requires the City and HRA to : 1 . Designate a responsible authority who is responsible for the collection, use , and dissemination of data as provided therein; 2 . Establish a procedure to insure that requests for government data are received and complied with in an appropriate and prompt manner ; 3 . Prepare a public document describing each category of data re- lating to private or confidential information on individuals maintained; 4. Classify all data ; 5 . Inform persons providing information how such information will be classified and to whom it will be made available. Although the City and HRA have effectively avoided compliance with the law in the past , now that knowledge of the law has been provided, it is important that some efforts be made to comply. Factors influencing this recommendation include : 1 . Deadlines to enact certain provisions have been added in more recent legislation; 2 . More citizens have become aware of their rights under these laws ; 3 . More workshops have been held recently to make government officials aware of their responsibilities ; 4. More suits have been filed in recent years under these statutes ; John K. Anderson Page Two January 26 , 1982 5 . The liability of the City or HRA in any suit is greater for will- ful violation of the law than incorrect or inadequate interpreta- tion of the law. Ignoring the law is considered willful violation and could allow ,punative as well as actual damages . Considering staffing limitations , it is recommended that initial efforts be 1 ) to appoint a responsible authority who will seek to assure that all staff members are informed of the provisions of the law, and 2 ) to work to assure that all future data collection will comply. The task of bringing historical records into compliance can be tackled more grad- ually. Trever Walston of Krass , Mayer, Kanning and Walston Chartered has taken the responsibility to gain expertise in this area , and Don Gemberling of the State Department of Administration is also a good resource to assist the City and HRA to attempt compliance . It is recommended that the City Administrator (Deputy HRA Director) be appointed the responsible authority. He can then designate indi- viduals responsible to him to take charge of the provisions of the law in smaller units such as police , HRA, city hall , etc . It is also recommended that the area of personnel receive the initial emphasis . More personnel data has accumulated in the past few years and suits are more likely to develop regarding files that relate to individuals than to other general files . As governmental units have become better informed of their responsi- bilities under this legislation, requests for simplification have grown. Consequently the Minnesota League of Cities is sponsoring legislation in the 1982. session to make the existing law more work- able for cities . It is recommended that the responsible authority draft letters to the senator and representative representing the Shakopee area in support of legislation simplifying the requirements of the data practices act . Requested Action City Council 1 . Adopt Resolution No. 1974 appointing the City Administrator as the responsible authority to comply with the Minnesota Government Data Practices Act . 2 . Direct the responsible authority to send a letter to the local state legislators encouraging them to support the Minnesota League of Cities position simplifying the provisions of the Minnesota Government Data Practices Act . HRA Adopt Resolution No. 82-1 appointing the Deputy HRA Director as the responsible authority to comply with the Minnesota Government Data Practices Act . JSC;JA/jms RESOLUTION NO. 82-t A Resolution Appointing A Responsible Authority For The Shakopee Housing and Redevelopment Authority To Comply With The Minnesota Government Data Practices Act WHEREAS , Minnesota Statutes , Section 15 . 162 , Subdivision 6 , as amended , requires that the Shakopee Housing and Redevelopment Authority appoint one person as the Responsible Authority to administer the re- quirements for collection, storage , use and dissemination of data on individuals , within the Authority and , WHEREAS , the Shakopee Housing and Redevelopment Authority shares concern expressed by the legislature on the responsible use of all Authority data and wishes to satisfy this concern by immediately appointing an administratively qualified Responsible Authority as required under the statute . BE IT RESOLVED, the Housing and Redevelopment Authority in and for the City of Shakopee appoints the Deputy Director as the Respon- sible Authority for the purposes of meeting all requirements of Minnesota Statutes , Section 15 . 162 through 15 . 169 , as amended, and with rules as lawfully promulgated by the Commissioner of Adminis- tration as published in the State Register on August 31 , 1981 . BE IT FURTHER RESOLVED that the name of the current Deputy Director be placed on file with the Minnesota Department of Administration as the Responsible Authority for the Housing and Redevelopment Authority in and for the City of Shakopee regarding the Minnesota Government Data Practices Act . Adopted in session of the Housing and Redevelop- ment Authority in and for the City of Shakopee , Minnesota , held this day of _ — , 1982 . Chairman ATTEST : Executive Director To: Mayor Walter Harbeck 5t} From: John Fraser, Pastor, Shakopee Baptist L'hurch WE, THE UNDERSIGIED, GO ON RECORD AS URGING THE CITY COUNCIL OF SHAKOPEE TO BAN THE stimaJG OF R AND X RATED MATERIAL ON CABLE TELEVISION WITHIN THE CITY LLIITS OF SHAKOPEE AND TO -, 1 ,,--4, ", , FORHULATE A POLICY OR ORDINANCE TO THAT EFFECT, d 'c„.). , 1 ,411 I 6fitdeli I 71.1.4.)--- fr cumq." ujefti,-, a 1 471 -iv ,1 12' . • 6:-- 3 • ,,,,-, 114., 1 LA-1-J riki aye 007 v 4i.44-6 ,vige‘ apint 0-44-faik , . , 0,1 1, ,,, ,,..44 t -) ,--, - 4P ' GAa.. 3 /2,6 •i-,e,,,, - a re , ..JJ.., ‘.Ak e, .10, ,,, ,, ,,,,Gic t * e 13-,‘ 1 e_,Z..-1"...) GC,,e11.,., •,---"1- e Ci 24:22y ‘41Le10717-47'4w 4---N.m. f-- ----; 40_,..„..., cx.:44...„ , /6..... ,4!., ,5cx,1-10(.41 1-nytjj....N.„... Cis FJMT lfuJTEb MEi ?TEAi4N CHURCH 'r ► EAST SHAKOPEE AVE. & CO. RD. 17 PHONE: 445-3562 SHAKOPEE, MINN. 55379 sir y ,..;- xTt THE REV.RAY KRUGER,Pastor ,'�.• t ,, 919 SO.LEWIS r t K= SHAKOPEE,MINN.55379 Jr.-! 2. 73 CITY OF SIH, , January 14, 1982 The City Council City of Shakopee 129 E. 1st Ave. Shakopee, Mn. 55379 Dear Friends: As Shakopee prepares for the possibility of becoming a subscriber to Cable Television, we wish to join our concern and voice to those already expressed concerning the possible showing of "R" and/or "X" rated material on Cable Television within the city limits of Shakopee. We, the Session (board) of First Presbyterian Church of Shakopee, urge the City Council of Shakopee to formulate a policy or ordinance to the effect that would prohibite the showing of "R" and/or "X" rated material on Cable Television within the City limits of Shakopee. Thank you for taking time to pay attention to our sincere concern. For the Session of the First Presbyterian Church of Shakopee, Mn. Ray Kruger, Pastor and Moderator /ate :—;RK/gh L_- 6 b s- " Lower Minnesota River Watershed District y .p ,. :; :_ ?"~ WARRIOR OFFICE BUILDING ",_ rt r�, ' :- , BURNSVILLE, MINNESOTA 55378 EDJanuary 19, 1982AFJt Russell A.Sorenson President Jens Caspersen Lice President Department of Natural Resources �'% �? � Russell Heltne Treasurer Permit Division C}ri1 S. Ess Secretary Paul G. Fallquist Water Appropriation Division CiTy op aKOPEE Lawrence E. Samstad Engineer Third Floor'5pace Center , 1 t'1 Raymond A. Haik Atlurnel 444 LaFayette Road St . Paul, MN 55101 Attn: Ms. Hedia Rieke, Supervisor Re: Water appropriation from Shiely's Jordan Quarry and Water appropria- tion from a Natural Spring Collection Pond for use in a sand washing system at Shiely's MN. Frac. Sand Company. The Minnesota River Watershed District Managers have asked me to write you regarding the above projects. Although the two projects are outside of the Lower Minnesota River Watershed boundaries, the Managers have asked me to express their concern about the use and wastage of the above water appropriations in light of the fact that waters so wasted may well have beneficial uses for more than one individual or corporation. With water tables generally falling in the Metro area, it seems incon- gruous to waste the pumpage from the Jordan Quarry as well as other similar quarries . Combined with the wastage from Shiely's Raceway Park Quarry which is within the Watershed District, there is apparently enough water produced during the year to supply the needs of the City of Shakopee. The Managers ' concern is not with the quarring operation, but rather with the loss of large quantities of water which might well be put to a beneficial municipal use. The Managers are also concerned with the artificial lowering of water tables in the area. Is there some means by which beneficial uses for this wasted water can be explored? Could this water be recycled to another aquifer? The Managers would appreciate your comments on the disposition of these water appro- priations . Sinc7rely, Lawrence E. Samstad, P.E: Engineer LES/mm cc: Managers Ray Haik City of Shakopee Scott County 6a.} MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE : Appointments to Various Commissions and Boards DATE: January 27 , 1982 Background: On January 19th, 1982 , Council made nominations to fill vacancies on various boards and commissions . Council will want to vote and make appointments on February 2nd. For your convenience, attached is a copy of Res . No . 1562 , Setting the Procedural Policy on Appointments . Please note that there are two unexpired terms to be filled also . One on the Community Services Board and one on the Industrial Commercial Commission. After reviewing Resolution No. 1562 and consulting with the City Attorney, Mr. Coller, it appears that it will be necessary to conduct seven separate elections . Two separate elections for Planning Commission (Police Civil Service can be with one ) , two for Community Services and three for the Industrial Commercial Commission. Because there are a number of candidates for a couple of commissions , we must keep in mind : If the person receiving the most votes does not have a majority vote of the Councilmembers 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 vote between the top two candidates . (From Res . No . 1562 ) Action Requested : Conduct elections and appoint citizens to Boards and Commissions . jc Resolution No . 1562 Amended by Res . No. 1969 t 6' Setting A Policy on Appointments to City Boards and Commissions 1 . When an appointment is required, the City Administrator shall notify the City Council 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 appointment was tabled from a previous meeting. 3 . The City Council shall follow Roberts Rules of Order, Newly Revised, in making nominations for any appointment to be filled. Any Council- member 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 for an appointment , the City Administrator shall distribute paper upon which each Councilmember shall write his preference fa. 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 Councilmembers present . 6 . If the person receiving the most votes does not have a majority vote of the Councilmembers 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 vote between the top two candidates . 7 . After a candidate has received a majority vote on a paper ballot , the Mayor shall announce his or her name and the fact that he or she has a majority vote . At that time, a motion is in order to appoint that person to the position. This motion shall be voted on and if the person receives a majority, he or she is then appointed. 8 . Upon majority vote of the Councilmembers present , the Council may waive the procedural policy on appointments to permit nominations , voting and appointment all to occur at the same Council meeting. Res . No. 1562 ( 1-7 ) adopted February 5 , 1980 Res . No. 1969 (8 ) adopted January 19, 1982 O C) rd H rd 171 (1) < Xo 'TJO < CD 0 CD 0 Z c)' rt rt H C7 N G CD Cr) rhi 0� C) C) td 1: x 11 0 (D 1--1 rt w (D m 1-1 C) cr (D w C G C hi w j Hi C) CQ rt (D 0 0 C N R. rfri- CD (D CD CD 1t 0 H. rt H H+ H. W (D 1-4t7 C) 11 0 N rt 0 r CD cn G N td Hi 0 3 CD " rt CD v, .aQ c � w rt v rt G 3 `CD W HI (D LTJ (D H (1) O H. W H (D 1 --' Fri U) hi k_o rt ;d rt 0 G (D cn cn p, Cn cn do . C rt ci) '' (D do co Hi Ui' 1-1 c-r H• O 0 H• rt Cri OQ rt C) rt 1 G 0 H• 0 cr ay n Clq Gy rt 0 CII (o r tii rt n H Hi 0 H 0 0 n 0 0 'TJ (GD "r1 N < X N d Cr G O (1Ort to X" 11 H ed o w w GaGn O fD OZ G c y Hi Po 0 Q H• G rt w 0 W 0 d r<H '< 1-<N n �• ri rt (D B n td Hi CD Hirt 0 Cri N) 0 CIO Cr' rt 4 " (D 7d Y 1—' (D hi H. rt (D H H d HHi (D G H. CD ' rt hi rt Cr) Cr) '0 (D D' C) oo cn rt CD oo rt Oo ril N (D 0 W rt cn v 1-11 G :::r H 0 Z G CPQ CT1 C) 0 2' C) H r O H H (D co 0 C td rd C) C) C) Li cr G CT' rt h' cn O 0.o p' W W W rt G rt ,' N C) H V G Po ri rt G G N G 11 O ~id H' ri (D X L) (D rth X1-1 11 O HN (D r CII d F°•tC rt H r9-i (D CD cn W W G rt c< cn CTO 11 X K rt 0 - 0-" G Ho (D (D CD (D Hi H. rt CD O 3 rt 1 G G G cn HirtHi (D ZX Cl) Cn rt G D (D '01t CII • H• a oa ri oo ;ci H• G wn vncn n rt cm � " H C7 P' rt rt r m P' G rt rt G G MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Background on Regional Railroad Authorities Act DATE : January '26 , 1982 Introduction City Council , at its 1/19/82 meeting, received a public notice from Scott County regarding a public hearing to be held 2/9/82 at 11 : 00 am in the Commissioner' s Room of the Court House to review the advisability of Scott County' s using the above referenced act to enter into a seven county joint powers agreement . Council directed staff to research the proposed joint powers agreement and report back to Council . Findings There are several key elements to this proposal : 1 ] It is a joint powers agreement between the seven counties patterned after their 911 joint powers agreement , and not a Met Council action. 2 ] The purpose of the joint powers agreement is to enable one or more counties to react within 60 days to acquire railroad right-of-way that is scheduled for abandonment and to hold it for potential future transportation corridors . 3 ] Cost of acquisition would be limited to the counties participating; therefore , Scott Co . residents would not be paying for railroad right-of-way acquired by other counties unless Scott County chose to participate. 4] Several years ago , the Association of Metro Municipalities adopted, as a result of membership action, a general policy encouraging the legislature to pass enabling legislation that would permit existing units of government (ie . state , counties , or cities ) to acquire abandoned railroad r-o-w. The policy grew out of the desire of a number of metro cities to acquire and hold abandoned railroad r-o-w for potential light rail transit corridors rather than have it sold off to individual property owners only to have to be acquired 10-20 years in the future. Alternatives 1 ] Support Scott County ' s participation in the joint powers agreement. 2] Oppose Scott County' s participation in the joint powers agreement. 3 ] Remain neutral on the issue. Background on Regional Railroad Authorities Act January 26 , 1982 Page -2- Summary and Recommendation Attached are copies of four of serveral pages of material Scott County sent to us regarding the proposal . The Association of Metro Municipalities is not now following this Metropolitan Inter- County proposal because it feels that the ioint powers aereement hetweep existing units of government is the appropriate way to handle it . Staff recommends alternative No. 3 . Action Requested None JKA/jsc k Anoka •i Metropolitan & V L".1" Inter-bounty e_-C; ' , 454,A.ZUAk ,. seen o. or. Association 2305 Ford Parkway Suite 103 St. Paul, MN 55116 612-690-2252 December 17, 1981 TO: Commissioner Albert Kordiak, Chairman, Anoka County OFFICERS Commissioner Joe Neaton, Chairman, Carver County Commissioner Russell Streefland, Chairman, Dakota County President Commissioner Robert Orth Commissioner John Derus, Chairman, Hennepin County Ramsey County Commissioner Anthony Worm, Chairman, Scott County vice-President Commissioner A.B. Schaefer, Chairman, Washington County Commissioner Jerome Aretz Carver County FROM: Robert Orth, President, Metropolitan Inter-County Association .Secretary Commissioner Gerald Hollenkamp Dakota County RE: Adoption of a resolution supporting the formation of a Metropolitan Regional Rail Authority Treasurer Commissioner Wesley Scheel Washington County For several months the MICA has been involved in a study and review, through our Operations Committee and a staff task BOARD OF DIRECTORS force, of the feasibility of creating a Regional Rail Authority Commissioner Rlbert Kordiak for the seven county metropolitan area under the provisions of Anoka County Laws 1980, Chapter 616. Commissioner Mike O'Bannon Anoka County On December 9, 1981 the MICA Board of Directors unanimously Commissioner Joe Neaton approved the draft resolution and by-laws enclosed herein and Carver County urged each of the metropolitan county boards to adopt a resolution Commissioner Joseph Harris which would support the creation of the Minnesota Metropolitan Dakota County Regional Rail Authority and approve the content of the Joint Resol- Commissioner John Derus ution and By-Laws submitted herein. A copy of the MICA Boards Hennepin County resolution is enclosed. Commissioner Sam Sivanich HcnncpinCounty Attached to our MICA Board resolution is some factual inform- Commissioner Jeff Spartz ation about the Act and the Joint Resolution which I am sure will Hennepin County answer many of your questions. I would suggest that you confer with Commissioner Diane Ahrens your representatives to our MICA Board and, if you have further Ramsey County questions, to call Vic Miller at our office (690-2282) and he will Commissioner Warren Schaber see that your questions receive answers. Ramsey County Commissioner Douglas Harcrmann I would urge you to have your Board act on this matter promptly Scott County so that we can proceed expeditiously with the formation of the Commissioner William Koniarski Authority. The Joint Resolution and By-Laws have been reviewed by Scott County the office of each County Attorney and their suggestions have been Commissioner Joseph Fogarty incorporated into our final draft. Washington County Thanks for your assistance with this matter. EXECUTIVE DIRECTOR Victor E. Miller RJO/nj Enc. cc: Floyd O1 son Y, ^ ..' 7! ' _Art Lee -- — RESOLUTION APPROVING THE DRAFT AGREEMENT AND BY LAWS WHICH CREATE THE MINNESOTA METROPOLITAN REGIONAL RAIL AUTHORITY WHEREAS; the Laws of 1980 Chapter 616 provide that a Regional Rail Authority may be organized by resolution or joint resolution adopted by the governing body or bodies of one or more counties under the Regional Rail Authorities Act as a political subdivision and local government unit of Minnesota and; WHEREAS; railroad right-of ways are being abandoned in the Metropolitan area periodically with a limited time being provided in the law after abandonment to begin negotiations for purchase of the property and; WHEREAS; the Metropolitan Counties feel that a structure should be in place which could assure a timely response to abandonment announcements by the Railroads. This could avoid right-of way sales in which the property is purchased and subdivided, resulting in a loss to the public of land that should be retained intact for future transportation needs; NOW THEREFORE BE IT RESOLVED; that the Board of Directors of the Metropolitan Inter-County Association hereby approves the proposed draft agreement and By-Laws which create the Minnesota Regional Rail Authority and urge their adoption by the County Boards of each Metropolitan County, BE IT FURTHER RESOLVED; that the Executive Director of MICA be directed to sub- mit the resolution and By-Laws to the County Boards of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington for their consideration and action. • This resolution was adopted by the MICA Board:of Directors on December 9, 1981 . AFTER ADOPTION BY EACH OF THE SEVEN METROPOLITAN COUNTIES THE FOLLOWING WILL OCCUR; 1 . The Minnesota Metropolitan Regional Rail Authority will be created as a political subdivision and local government unit for the purpose of exercising authority under the Act. 2. Each county will be designated as a service area for the purpose of utilizing the powers of the Rail Authority. Thus, the Rail Authority can under the participation voting procedures, excercise the authority provided by law on behalf of all of the counties (service areas) or only those wishing to participate. The extent of participation will depend upon the vote of county representatives on the Rail Authority Board only after consultation with the affected counties. 3. Provision has been included for limitation of liability for tort claims, contracts and other obligations of the non-participating service area, without excluding them from the organizational framework. Thus, if after adoption of the resolution by each county, a service area does not wish to participate in a particular acquisition of abandoned right of way, the other service areas may use the organization to make the acquisition without imposing tax and liability and other legal liability on the non-participating service area. However, if at a later time a non-participating service area wishes to participate in a previous acquisition it may do so on terms that would be mutually agreeable. 4. All administrative, legal , engineering and other costs are the obligation of only those service areas for whom the Authority is acting. 5. Property acquired by the Authority is held for the benefit only of those service areas participating . In the event of dissolution or withdrawal of a county in the organization property is distributed to participants in proportion to their contribution. v v` SOME BRIEF BACKGROUND FACTS 1 . The Regional Railroad Authorities Act provides the counties with an opportunity to acquire, with state and federal aid if available, abandoned rail lines for the purpose of providing local rail service for transporting agricultural products, industrial products, or pass- angers if they determine it to be practicable and necessary for the publics welfare. ' 2. Abandonment of railroad rights of way is imminent and on an uncertain schedule. Counties have only 60 days after abandonment to begin negotiations and can request of the Interstate Commerce Commission an additional 120 days. If negotiations are not instituted, the rail- road is free to negotiate sales with adjoining property owners or others. In the past, rights of way have been abandoned and without an agency in place to make acquisition possible, has resulted in the property being disposed of in small parcels. 3. A need exists for coordinated planning for future uses of abandoned railroad rights of way. 4. The Act provides the Authority with the necessary tools to act quickly because it provides it with the power to receive grants, borrow money, and levy taxes without having to wait for additional enabling legislation. 5. An organizational document has been drafted which assures individual county autonomy relating to the exercise of the taxing power on property acquisition by the Railroad Authority. 6. The Agreement has been patterned after the 911 Joint Powers agreement and includes a recognition of the autonomy of the individual counties partici- pating. artici- pating. 7. It should be kept in mind that the charge by the MICA was to provide a framework for an organization whose purpose would be to enable the acquisi- tion of abandoned railroad rights of way under the Act. At the same time, the autonomy of each of the seven counties has been retained within the organizational framework. The MICA has determined that the draft resolution not only fills the need for such an organization, but preserves the in- dependence of judgement by each county in determining whether a county wishes to exercise authority under the Act. DRAFT BY-LAWS • OF THE MINNESOTA METROPOLITAN REGIONAL RAILROAD AUTHORITY ARTICLE I Name, Office and Seal 1 . Name. The name of the political subdivision and local government unit of Minnesota is The Minnesota Metropolitan Regional Railroad Authority. 2. Office. The principal office shall be located Offices may also be maintained at other places as the Board of Commissioners of the Authority may from time to time determine or as the purposes of the Authority require. 3. Seal . The seal shall be circular in form and shall bear on its outer edge: The Minnesota Metropolitan Regional Railroad Authority, and in the center "Seal of Incorporation, 1982." The Board of the Authority may change the form or designation on the seal at any time. ARTICLE II Board of Commissioners 1 . Number, eligibility and term of office. The business and the property of the Authority shall be managed and controlled by its Board of Commissioners consistent with the joint resolutions adopted by each County Board of Commissioners establishing the Minnesota Metropolitan Regional Railroad Authority. Membership and terms of office in the Authority shall be governed by Paragraph 3 of the organizing resolution adopted on 2. Vacancies. If any vacancy shall occur among the Commissioners by death, resignation or otherwise, the County Board of Commissioners representing the service area in which the vacancy occurs, shall fill the vacancy by appointing, from its members, a successor who shall hold office until the next annual appointment. 3. Place of meeting. Commissioners shall hold meetings, have an office and keep full and accurate records of all proceedings at the principal office or at any other place or places as the Board from time to time may determine. All meetings shall be open to the public. • 1- L/ 4. Regular meetings. Regular meetings of the Board shall be held 5. Special meetings. Special meetings may be held at any time upon the call of the Chair or any of Commissioners of the Authority. Notice shall be given at least seven days before the meeting to each commissioner unless waived. Reasonable notice shall be given to the public of such meetings unless an emergency exists. 6. Actions by the Authority. Official actions by the Authority shall be done in compliance with the organizing resolution. All votes taken and those deemed to be affirmative votes under Paragraph 6 O shall be recorded and maintained in the minutes of the Authority. 7. Compensation. Commissioners, unless otherwise appointed as an officer, shall receive no compensation for services, but shall be reimbursed for necessary expenses incurred in the performance of their duties. Expenses shall be reimbursed in the manner provided for the approval of claims in Minnesota Statutes, Section 471 .38, et.sea. ARTICLE III Officers 1 . Number, term. The Board, at its first annual meeting, shall appoint a Chair, Vice-Chair, Secretary and Treasurer from its members to serve during the term of one year. The offices of secretary and treasurer may be filled by the same person. The Board, by resolution, may appoint deputies or assistants for any office from among the members of the Board or otherwise. 2. Chair. The Chair shall preside at all regular and special meetings, except as provided in Paragraph 3 herein. All actions approved by the Board for which documents must be executed shall be executed by the Chair on behalf of the Board. The Chair shall exercise all power and perform all duties assigned by resolution of the Board. 3. Vice-Chair. Except as limited by these By-laws or the Board, the Vice Chair shall perform the duties and have the powers of the Chair during the absence or inability of the Chair and shall have such other powers and duties as are assigned by resolution of the Board. 4. Secretary. The Secretary shall perform all the duties and have all the powers commonly incident to the office and shall have such other powers and duties assigned by resolution of the Board. The Secretary shall be responsible for the books, documents and papers of the Board and shall have custody of the seal . The Secretary shall have responsibility for keeping full and accurate minutes of the meetings of the Board. 5. Treasurer. The Treasurer shall perform all the duties and have all the powers commonly incident to that office and shall have such other powers and perform such other duties as the Board may assign by resolution. The Treasurer shall , subject to the order of the Authority, have the care and custody of the money, funds, valuable papers and documents of the Authority and shall deposit all _funds of the Authority in the bank or depository as the Board shall designate. The Treasurer shall keep accurate books of account -2- 6;, of the Authority's transactions which shall be subject to annual audit by the state auditor. The Treasurer shall be required to give a surety bond in an amount determined by the Board. ARTICLE IV Miscellaneous 1 . Checks, notes . Payments shall be made by checks signed by the Treasurer or by any other officer of the Authority as the Board may, from time to time, direct by written resolution. Bills receivable, drafts and other evidences of indebtedness of the Authority shall be endorsed for the purpose of discount or collection by the Treasurer or any other officer as the Board may, from time to time, direct by written resolution. If any officer other than the Treasurer shall sign or endorse any check, bill receivable, draft or other evidence of indebtedness of the Authority, the Board shall first require a surety bond of such officer in an amount determined by the Board. 2. Fiscal year. The fiscal year of the Authority shall coincide with the calendar year. 3. Indemnification. Each of the commissioners, officers, employees or agents of the Authority shall be, and hereby is, indemnified and held harmless by the Authority to the extent and in the manner provided for in the organizing resolution from and against any and all liability, claims, losses, demands and expenses whatsoever arising out of or by reason of ary negligent acts or omissions committed within the scope of authority or employment of the Authority. All provisions of indemnity, liability limitations and defenses provided for in Minnesota Statutes, Chapter 466, shall apply to the Authority and its commissioners, officers, employees and agents. The Authority is authorized to procure insurance as allowed by Laws 1980, Chapter 616, in an amount determined by the Board. 4. Amendments. The by-laws may be altered, amended, repealed or new by-laws adopted by a majority of the entire Board at a regular or special meeting of the Board, but no amendment can alter the terms and conditions provided for in the organizing resolution. -3- JOINT RESOLUTION FOR THE MINNESOTA METROPOLITAN REGIONAL RAIL AUTHORITY The following resolution was offered by Commissioner and seconded by Commissioner WHEREAS, under the provisions of Laws 1980, Chapter 616 (Minn. Stat. Sections 398A.O1 to 358.08) the legislature of the state of Minnesota has provided a means whereby counties, with state and federal aids as may be available, are authorized - to organize, by joint resolution, for the purpose of preserving and improving local rail service for agriculture, industry, and passenger traffic when determined to be practical and necessary for the public welfare; and WHEREAS, the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington, all bodies politic and corporate under the laws of the state of Minnesota, have determined that a regional rail authority acting under Laws 1980, Chapter 616, is practicable and necessary for the acquisition of aban- doned railroad rights-of-way within the seven county metropolitan area and that the preservation of such railroad rights-of-way is in the best interests of the public welfare; and WHEREAS, the counties participating herein are desirous of establishing an organization for the purpose of advancing the objectives and powers of Laws 1980, Chapter 616, and at the same time, maintaining, to the extent feasible and practicable, the autonomy and authority of the participating counties herein; and WHEREAS, notice of public hearings upon the adoption of this organizational resolution has been published in the official county newspaper of each of the participating counties and has been mailed to the governing body of each muni- cipality within each of the participating counties, all at least 30 days before the hearings before the governing bodies of each of the counties , as required by Laws 1980, Chapter 616, Section 3; BE TT RESOLVED: 1 . That the Minnesota Metropolitan Regional Rail Authority is hereby established and organized under the Regional Railroad Authorities Act, laws 1980, Chapter 616, as a political subdivision and local govern- ment unit, to exercise thereunder part of the snvereian power of +hP state, in conformity with the provisions of this resolution for the -1- regulation of the business of the Authority. 2. That the participating counties adopting this organization- al resolution, are: Anoka County, Carver County, Dakota County, Hennepin County, Ramsey County, Scott County and Washington County: 3. That .the•Board of Commissioners of The Authority shall consist of the members of the Board of Directors and officers of the Metropolitan Inter-County Association. The term of each member of the Board of Commissioners shall coincide with such member's term to the Metropolitan Inter-County Association. The first Board of 'Commissioners of The Authority shall consist of 16 members, whose names and addresses are as follows: Name County Address Commissioner Albert Kordiak Anoka 3948 Central Ave. NE Columbia Heights, MN 55421 Commissioner Mike O'Bannon Anoka 5298 NE Fillmore Fridley, MN 55421 Commissioner Jerome Aretz Carver 8314 Victoria Drive Victoria, MN 55386 Commissioner Joe Neaton Carver Watertown, MN 55388 Commissioner Joe Harris Dakota 1282 W. 14th St. Hastings, MN 55033 Commissioner Gerald Hollenkamp Dakota 240 - 5th Ave. So. South St. Paul , MN 55075 Commissioner John Derus Hennepin A-2400 Government Center Minneapolis, MN 55487 Commissioner Sam Sivanich Hennepin A-2400 Government Center Minneapolis, MN 55487 Commissioner Jeff Spartz Hennepin A-2400 Government Center Minneapolis, MN 55487 Commissioner Diane Ahrens Ramsey 316 Courthouse St. Paul , MN 55102 Commissioner Robert Orth Ramsey 316 Courthouse St. Paul , MN 55102 Commissioner Warren Schaber Ramsey 316 Courthouse St. Paul , MN 55102 Commissioner Douglas Hafermann Scott P.O. Box 97 Prior Lake, MN 55372 Commissioner William Koniarski Scott Route #1 Belle Plaine, MN 56011 Commissioner Joe Fogarty Washington 8039 -115th St. So. Cottage Grove, MN 55016 Commissioner Wesley Scheel Washington 3540 Neal Are. So. Afton, MN 55001 4. That the registered office of The Authority shall be situated in the city of St. Paul . 5. That neither the state of Minnesota, nor any county or counties, or any other political subdivision is, or shall be, liable for uuiigcLions of the Authority. -2- 6. That The; Authority shall exercise such authority as provided in Chapter 398A, except as otherwise limited by the following additional provisions in the regulation of the business of1The Authority: A. Each county shall be designated as a regional railroad, service area with the territorial boundaries of the county and the service area coterminous. B. The service areas of the Minnesota Metropolitan Regional Rail Authority shall be identified as indicated herein and shall be entitled to membership representation as follows: County Service Area Commissioners Anoka 1 2 Carver 2 2 Dakota 3 2 Hennepin 4 3 Ramsey 5 3 Scott 6 2 Washington 7 2 C. The powers of The Minnesota Metropolitan Regional Rail Authority shall apply, and the responsibilities shall be borne equally within the territorial jurisdiction of such authority, as provided in Laws 1980, Chapter 616, upon a majority vote of all members of The Authority. If authority is exercised to acquire or dispose of real property by purchase, gift, devise, condemnation, conditional sale lease, lease purchase, or otherwise, to acquire or dispose of personal property whose value exceeds the sum of $ 25,000, to issue bonds or other obligations however designated, to accept, contract for, or receive and disburse federal , state, or other funds or property, public or private, made available by loan, grant, or lea3e, or to enter into any agreement authorized by Minn. Stat. §398A.04, subd. 9, such majority vote shall include at least one affirmative vote from each of the designated service areas. Before a service area can be included within the taxing district allowable under Laws 1980, Chapter 616, all Commissioners serving on The Authority from the service area where the levy is to be made shall cast affirmative votes to allow the levy. Nothing herein shall be construed as preventing less than all of the service areas from constituting a taxing district under Paragraph 6D herein. The exercise of any of the above powers under this provision shall be done only after consultation with each County Poard represented by a service area. D. in the event that less than all of the service a -eas within -3- the territorial jurisdiction of The Authority affirmatively vote to exercise the powers and bear the responsibilities equally within The Authority, any service area may vote separately or jointly with any other service area to authorize The Authority to exercise the powers and accept the responsibilities on its or their behalf under the provisions of Laws 1980, Chapter 616. Where a separate service areas or joint (and less than all) service areas elect The Authority to so act on its, or their behalf, an affirmative vote of all of the commis- sioners of the service area or areas so electing shall be required. Where this paragraph applies, administrative, legal , engineering and other costs incurred shall be borne only by those service areas for whom The Authority is acting. Where less than all service areas elect to have The Authority act on their behalf, all other service area votes shall be deemed to be affirmative votes for the purpose of complying with majority vote requirements under the provisions of Laws 1980, Chapter 616. E. In the event that Paragraph 6D shall become operative, the powers of The Authority shall only be exercised, or extend to, the authorizing service area or areas, as if a county separately or jointly had organized a regional rail authority. No liability shall extend to any service area not voting to participate in any action permitted under Laws 1980, Chapter 616. The service areas voting to participate in any action or resolution, shall defend, indemnify and hold the nonparticipating service areas, their commissioners, officers, agents, volunteers and employees harmless from any claims, suits, damages, judgments or expense (including, but not limited to attorney's fees) from any acts or omissions of any participating service area, its commissioners, officers, agents, volunteers and employees both in the performance or nonperformance of any such action or resolution. F. Property acquired on behalf of, and for the benefit of, the service area or areas electing to act under Paragraph 6D, shall be held, managed, controlled, sold, conveyed, leased or otherwise disposed of for the benefit of such service area or areas in accordance with the voting requirements therein. However, nothing in this organizing resolution shall prevent any other service area from later participating in the benefits of any property acqu 5 L un upun 1.4‘.11 t.cima OHU con- ditions as the acquiring service area or areas may determine. -4- G. Any or each party hereto may terminate this agreement upon thirty (30) days written notice delivered in person or by certified mail to the registered office of the Authority as specified in para- graph 4 of this Resolution, and upon discharge and satisfaction by payment or otherwise in accordance with their terms of all covenants, agreements, mortgage liens, and other security given for bods of the authority pursuant to Minn. Stat. §398A.03, subd. 4. Upon termination, any property or funds acquired by the Authority shall be distributed to the party in the proportion that each party contributed to the cost of such property or funds. MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Minnegasco Rate Increase DATE : January 26 , 1982 Introduction City Council , at its 1/19/82 meeting, directed City staff to check the city ' s franchise ordinance with Minnegasco to see if they had failed to meet the public hearing requirements when they implemented their last rate increase . Findings g Jack Collar checked on the City' s ordinance , Ordinance No. 222 , which is in our present City Code and the ordinance does call for a hearing. However, the whole rate making section of the City Code ( taken directly from Ord. No . 222 ) is out of date because it was taken over by the Minnesota Public Utilities Commission (PUC ) in 1975 . In addition, in talking to Bob Donley of Minnegasco, he explained that Minnegasco ' s last increase was October 17, 1980 and that the Dec . increase was a suppliers increase . We have a copy of the notice for that October 17 , 1980 Minnegasco increase indicating who we needed to contact at the PUC if we wanted to intervene in the PUC ' s hearing process . Copies of the notice were distributed to Council November 18, 1980. The supplier ' s increases are automatically allowed under Ord. No . 222 . Summary There is no action that the City can take with regard to the present increases in natural gas prices . Bob Donley did indicate that part of their 11-18-80 increase will be rolled back by PUC in the next few months , so residential customers will see a change. Action Requested Direct the City ' s Codifier to review our present gas franchise section of the City Code and bring it into compliance with the Mn. PUC. JKA/jsc MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Department Head Performance Evaluations DATE: January 26 , 1982 Introduction At the work session on January 12 , 1982 I reviewed with Council a draft of a proposed department head evaluation form. Council sug- gested that we use a rating system of 1-5 on each item without a total and that the first effort be a trial run reviewed by both Council and staff . Department Head Concerns This is the first effort by the City to systematically use employee evaluations , and the success or failure of the effort at the depart- ment head level will greatly influence our ability to implement a successful evaluation program City wide . A key to the process is the intended goal of the evaluations . The goal , as defined in the attached Performance Evaluation memorandum dated December 29 , 1981 is to communicate performance expectations or requirements and lay out a plan to meet those requirements where an employee is falling short . The evaluation is not tied to wages . At our Wednesday staff meeting, there was consensus on the goal and a desire to go ahead with the trail evaluation as suggested by Council and to use the proposed list . In addition, several concerns were expressed: 1 . Department holds felt that rather than a 1-5 rating system the following rating was more in line with the goal of the evalua- tion: "Meets or Exceeds Requirements" , "Making Progress" and "Needs Improvement" . Each of the latter two would be discussed and outlined on the summary sheet to fully cover the individual ' s shortcomings and plans for improvement . 2 . Department heads agree with the proposal to hand out the evalua- tions at the Councilmeeting and collect them at the end of the discussion with only two permanent copies retained, one by the employee and one in their personnel file which is confidential under the Data Privacy Act . Department heads did feel , however, that only the summary form with its explanation of the ratings would be of benefit to Council . 3 . Department heads questioned whether or not any evaluation dis- cussion by Council , even if conducted at a work session, would be taped and hence on the public record. This is a very difficult problem, because it violates a key management tenet which states that you do not criticize your employees in front of his peers or publically. I have checked with the League of Cities and personnel evaluations do qualify for executive sessions of Council . Don Ccmberling , Director of Data Privacy in the State Department of Administration, agrees with this interpretation and cited a 1972 Attorney General ' s opinion. He does caution however , that it could still be tested in court if someone chose to pursue it . Mayor and City Council Page Two January 26 , 1982 Recommended Responses to Concerns 1 . I understand that the function of the 1-5 rating system is to provide a scale , On the other hand, given the goal of the eval- uation, I believe the rating suggested is appropriate and both workable and meaningful . Department heads feel strongly about this and I recommend that we use their proposed : "Meets or Exceeds Requirements", "Making Progress" and "Needs Improvement" for the trail run and thereafter if it works . 2 . With regard to the distribution to Council and discussing of the summary sheet only, again I agree with the department heads request given the goal of the evaluation. If each Councilmember has a sample performance measurement form they will know that all items not dis- cussed on the summary sheet were rated "Meets or Exceeds Requirements" . With this information any Councilmember will be able to question why I , as City Administrator, rated the department head as I did. 3 . The open meeting law and the City of Shakopee ' s policy of taping Council meetings causes a problem I had not thoroughly thought out before . I just assumed the evaluations could be handled at a work session. I am open to suggestions since I can only come up with two alternatives . One is to distribute the summary sheets as informational items with the agenda on Friday, pick them up Tuesday night , and have Councilmembers call me individually about questions they may have . If there is a particular evaluation that any one Councilmember wishes to discuss with fellow Councilmembers at a meeting then it could be arranged. The second alternative is to adjourn to an executive session of Council for the purpose of reviewing the evaluation summaries which would be handed out at the session and collected at the end of the session. In this way the tape and material would be kept private as required under the data privacy act . Recommendation I recommend that the City: 1 . Run a trial department head evaluation in February using the attached forms , and that the summary forms be disbributed to Council at an executive session on Tuesday with Councilmembers acknowledging the requirements of the data privacy act by agree- ing to keep the evaluation summary to themselves . There is an underlying dilemma in this for Council ! Under the data privacy act information such as employee evaluations is private infor- mation. If it gets out to the public the City may be subject to a fine of up to $10 ,000. On the other hand, the City could receive a fine of $100 if it met improperly in a closed executive session . The City Attorney , Dan Foth of the League of Cities and Don Gemberling believe that executive sessions for personnel evaluation are appro- priate , but there is no case law specifically clarifying this use of the executive session. Mayor and City Council icY Page Three 6 January 26 , 1982 Action Requested Direct the City Administrator to complete a trial department head evaluation using the attached forms , and to present the summary of each evaluation to Council at an executive session of Council in February. JKA/jms 4 MEMORANDUM TO : All Department Heads FROM: John K. Anderson SUBJECT: Performance Evaluation DATE : December 29 , 1981 Introduction: In 1982 we will be conducting performance evaluation with each de- partment head. We expect the evaluation to be successful because it will provide an opportunity for each of us to ask questions and better understand each other and the City for which we work. Purpose : For most cities, the answers to the questions about management effi- ciency are not easily attained. The subject of just how well department heads are doing their jobs is a persistently gray area of investigation. Nothing seems clearly defined, nothing seems totally or consistently accurate or even fair. In fact, the only area in which there is wide- spread agreement concerns the need to improve management productivity. A supervisor may have gut feelings about how well a particular manager is doing, but backing up those feelings with hard facts is difficult - or, some say, impossible. Despite the difficulties involved in such an undertaking, the careful measurement of past and present managerial performance is essential for any City seriously concerned about its future . On-the-Job Observation: The first aid to understanding how well or poorly managers function is to observe the ways in which they relate to their work, their peers and to those support workers they direct. Nothing can replace obser- vation for setting the basis for further investigation, and part of that observation should be made by the City Administrator. Whether or not the City Administrator becomes involved in the actual process of measurement is not as important as his/her willingness to oversee the situation and direct it fairly and with humanness. In the words of Roy W. Walters, consultant and president of Roy Walters Associates, Mahwah, NJ , and an expert in the "people problems" side of business , "Managers are responsible for creating an environment that nurtures productivity. " The continuing involvement of top management in the productivity measurement process is therefore an essential part of an upbeat organizational environment. • ' Performance Evaluation Page -2- c December 29, 1981 If measurement is to be meaningful , and eventually show the way to improved productivity, the process must lead to a human awareness and understanding of the self and its relation to work. And the depart- ment head under consideration must be kept informed of the progress of the measurement process, if the outcome is to be more than an academic exercise.' One system of measuring management - performance appraisal - is often used in conjunction with the more "modern" system called Management By Objectives. MBO emphasizes present performance and future goals , and herein lies the central difference between the two. Many administrators believe that a combination of performance ap- praisal and MBO offers a truer representation of a person' s managerial effectiveness. One behaviorist , Harry Levinson, author of Executive Stress, lists the objectives of a blending of performance appraisal and MBO in the following manner: - to measure and judge a person' s performance; - to relate individual performance to organizational goals ; - to clarify both the job to be done and the expecta- tions of accomplishment ; - to foster increasing competence and the growth of the individual ; - to enhance feedback and communications between subordinate and superiors; - to serve as a basis for salary and promotion judgments; - to stimulate the subordinate ' s motivation; - to serve as a device for organizational control . Productivity improvement potential for managers as individuals lies in saving time, in redistributing workloads, in being more responsive and in speeding up communications. With managers as a class, the gains are in reducing organizational layers, extending spans of control and facilitating participative management. Use of Performance Data: Barriers to getting meaningful measurements of individual performance also exists in the collection of data itself. How will the data on a manager ' s performance be used? Where will it be filed? Who will have access to the file? Managers are understandably concerned about what happens to the information after the completion of the evaluation pro- cess. Along these lines, three principles will be followed by the City so openness can be encouraged: - Keep it simple. A three part rating system will be used: "Meets dr Exceeds Requirements" , "Making Progress" and "Needs Improvement" . . Performance Evaluation Page -3- December 29, 1981 - Keep it separate. Performance appraisals will not be combined directly with salary or promotion systems. The City is trying to understand productivity in order to chart a course for its improvement. For that reason, rewards and punishments will be handled at separate times. - Keep it contained. The evaluation will have two permanent copies, one in the personnel file which is confidential and one for the department head being evaluated. Informa- tional copies of the summary will be distributed to Council and then collected. Individual Productivity Should Relate To City' s Goals: One reason for measuring managerial productivity is to create a basis from which concrete recommendations can be made for the improvement of that productivity level . But whereas MBO and performance appraisal in combination give a picture of the past and present, as well as some hope of predicting future success , there are those who argue that present meas- urement systems fail to evaluate the executive ' s true function - working with other departments and divisions to achieve a high productivity level throughout the organization. A critical factor that is often overlooked in judging a department heads performance is the amount of interdependence within the organization. Harry Levinson, along with a number of other behaviorists, believes that "the more a person' s effectiveness depends on what other people do, the less that individual can be held responsible for the outcome of his efforts. " if City department heads are working independently without talking to one another, there could be problems ahead for that organization since managerial give-and-take is the name of the game . In other words, a department head should put the welfare of the City as a whole ahead of the welfare of his or her department. Thus in judging the performance of a decision maker and department head the City will look at the extent to which a group of department heads work together to benefit the City as a whole, rather than concerning them- selves solely with their own departments. How well the various depart- ment heads work together is more important to the City than any one individual ' s ability. Making Right Decisions Will Involve Taking Risks : How well does the department head handle the dangers of making those decisions every good leader has to make? There has never been an effective manager who totally avoided taking chances. Judgments of risk-taking will include evaluation of whether a depart- ment head is risking for the City or his/her own personal needs and is the person taking risks without a sense of goals. Forms : Attached you will find three forms we are asking you to review prior to your upcomilli►icerview. The first form is a personal evaluation Performance Evaluation Page -4- December 29, 1981 form which we ask you to use to objectively evaluate your strengths and weaknesses. The second form asks you to evaluate the City in a similar manner. The third form is the most important, since it asks you to identify specific goals, both personal and company, to strive for during the coming. year in order to realize the desired profession- al growth. We would like to emphasize that the purpose of these forms is not to make a comparative rating of all dept. heads , but rather to assist the department head in evaluating his/her effectiveness as a department head and the City in defining realistic goals, the attainment of which will result in both professional and City success. We, therefore , ask you to do the following prior to your interview. 1 . Carefully consider the performance evaluation form and complete an evaluation of yourself. Don' t be afraid to identify what you feel are your weakness- es as well as your strengths. The City Administrator will also prepare a similar form about you and during your interview you will be encouraged to discuss both evaluations. 2. Complete the City evaluation form in a similar manner. When you consider the factors on this form, you will notice that some may have as significant an effect on the development of your personal goals as do your personalstrengths and weaknesses. Therefore , please do not try to develop your personal goals until you have filled out both the City and personal evaluation forms. 3. After filling out the City and personal evaluation forms, try to identify personal goals for the coming year. These goals should be specific and attainable so that you can recognize progress in those areas in which you wish to improve. 4. You may find that some personal goals are not attain- able without help from the City Adm. and the City. _ If this is so, we encourage you to identify similar goals for us to consider during the coming year. Both personal and City goals should be discussed during the interview so that the entire process results in reasonable goals for both yourself and for the City. The City Administrator will assert his or her influ- ence toward implementation of "City" goals. 5 . Evaluations will be retained by both the department head and the City for reference during the year and at the next interview. We hope that both you and the City can experience growth from the process. This evaluation will be done at least annually, but we would encourage you to look over the factors shown on the forms much more often. If, at any time, you would like to talk to someone re- garding your professional growth and/or your ability to attain your personal goals; the City Administrator is most anxious to talk with you as time permits. PERFORMANCE MEASUREMENT Mark each item: + Meets or Exceeds Requirements - Making Progress 0 Needs Improvement Applicable Dept. Head's City Adm. 's Acceptance of Organizational Responsibilities Yes/No Score Score 1. Acknowledgement of the City's overall goals/ objectives 2. Ability to incorporate City goals into departmental goals 3. Ability to understand and follow instructions Compliance with City procedures 5. Adaptability to changes and new duties 6. Dependability - completion of tasks on time 7. Responsibility - acknowledgement of errors and acceptance of criticism 8. Initiative in defining organizational goals 9. Attitude toward job, other employees and City Interpersonal Skills 10. Relationships - works cooperatively with others 11. Group decision-making abilities 12. Effectiveness in dealing with public (listens, understands, is not abrasive or abrupt) 13. Effectiveness in written communications 14. Effectiveness in oral communications 15. Effective handling of meetings Leadership Skills 16. Decision-making ability (soundness of judgment) 17. Problem identification/solution abilities (MBO) 18. Short range planning/organization of work (MBO) 19. Long range planning (contribution to 5 year plans) 20. Span of control 21. Awareness of community conditions/recommends appropriate action 22. Willingness to take measured risks (ie try new equipment procedures, etc. ) 23. Special project planning and completion PERFORMANCE MEASUREMENT Page -2- Applicable Dept. Head's City Adm. 's Departmental Management Skills Yes/No Score Score 24. Ability to deliver effective City services 25. Ability to schedule work effectively 26. Ability to give clear directives to subordinates 27. Identification of departmental performance problems 28. Quality of departmental work atmosphere (morale) 29. Departmental budget preparation and management 30. Development of work procedures (SOP's) 31. Training of personnel/delegation 32. Effective work relationship with subordinates (turnover and grievances) Productivity (Efficiency and Effectiveness) 33. Ability to eliminate downtime for employees and equipment 34. Effective goal-oriented activities 35. Energy/enthusiasm levels (effort applied to the job) 36. Ability to function under stress 37. Effectiveness of personal work habits 38. Quality of work/services provided 39. Cost reduction and timesaving activites Knowledge of Field 40. Application of technical skills to job 41. Awareness of new systems, techniques, equipment 42. Utilization of past experience Other 43. 44. 45. SUMMARY Page 1 RECORD OF INTERVIEW (y The evaluation made on the reverse side should provide the basis for discussion during the interview. It is recommended that when necessary specific, objective and constructive suggestions for improvement be made. Remarks by interviewer: Date 1. Individual's strong•points that were discussed: 2. Areas requiring improvement that were discussed: 3. Suggestions for improvement discussed: Employee's reaction and response: Date 1. Areas requiring improvement: 2. Suggestions for corrections (include any follow-up plans) : 3. General comments, job satisfaction, etc. : SUMMARY Page 2 GOALS AND OBJECTIVES For Based upon my personal and the City Administrator's evaluations, I have set the following goals for the coming year: To help me achieve these goals, the City Administrator will endeavor to do the following: . Page 3 COMPOSIT OF DEPARTMENT HEADS SUMMARY OF CITY EVALUATION 6 FACILITIES AND EQUIPMENT Poor and Acceptable but Adequate Comfortable, Excellent uncomfortable marginal convenient, working conducive to work conditions COUNCIL STAFF RELATIONSHIP Poor and Acceptable but Adequate Comfortable, Excellent uncomfortable marginal convenient, working conducive to work conditions SALARY AND BENEFITS IN RELATION TO MARKET Generally poor Acceptable but Average Good to above Excellent salary marginal average and benefits SUPERVISION Poor to very Available, but Adequate Good supervision Excellent limited limited provided supervision OPPORTUNITY TO GROW PROFESSIONALLY Little or no Limited opportunity Adequate or Good Outstanding opportunity acceptable opportunity for professional growth OPPORTUNITY TO GROW TECHNICALLY Very little Some opportunity Adequate Good opportunity Outstanding opportunity opportunity opportunity IR OPPORTUNITY FOR ADVANCEMENT f G Poor Fair, but limited Acceptable- Good and probable Outstanding opportunities advancement are available opportunity JOB SECURITY Little or no Limited security Acceptable Good security Excellent security security security COMPANY CONCERN FOR EMPLOYEE DEVELOPMENT Little or no Interest in General interest Concerned with Great interest interest development of in growth of all employee growth in employee some employees individulas and development development and growth APPRECIATION OF EMPLOYEES Company shows Company shows Company shows Company shows Company shows little or no limited apprecia- adequate significant outstanding appreciation tion appreciation appreciation appreciation INFORMATION ABOUT CITY GOALS Little or no Some information Adequate infor- Better than average Excellent picture information provided mation generally information of company status provided provided provided and future pro- vided CITY ADMINISTRATOR STAFF RELATIONSHIP Poor and Acceptable but Adequate Comfortable, Excellent uncomfortable marginal convenient, working conducive to work conditions OTHER 4 US- 4 Jho\ 4 0 0 0 0 0 0 0 In 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ch 00. 0001nin000000 1 1 0 1 1 C)00000 0 0(C) o 1 0 4- in , 2' O 0 O oC-r-7 ti In In 1-0 01 0 11 In 1 I M'O 0 o" N W w r w w w w w w w w w w w w w (41 o r- o I o(Ni Cr, (v 11 c0 H CO MI* In ,--i H H ri N N 0 ON ri ri(O .. 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C 0 a) 40 0r. .0 (d •H U a) 'd O 21 A cd .0 0 a) •,-) a) O O 0 4-) H 0 •r+ •H co,o F'. 0 Fi .0 .0 N 0 0 O 0 0 O +) w •r-I +) Oe 0 (o +) O It O >,•H 'd (d •,-.1 (�-d�• cd a) +) •Hcd F, 3 .0 (d LU H (d +) N r. O H (d E 4 a) a) +) +) F-I 'd +-) 0 O E d to +) +) O ci cd O p. (d Fi E +) > .y.' (d O F, a) r-I cd •ri >, O -P O 'd In h H O co Fi 40 (d O O Fi 40 O +) F. 4i r-+ >, 0 +) 0 0 0 40 CO O 0 40 O 40 O F♦ .n p. O 'd O O F+ c) 0 0 0 F. H 0 O .0 d O 0 O O\ •ri O 0 Ear 0 _0 0 0 a) a) 0 a) .s~ O. (d 0 •,-i .>~ O. Io a) (d 4i .o Z +) 4, U H +) H W U •r+ O to E-1 4i P4 U 0, (d S0 E 1 O H0 3 W O (d a U •H (d MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director V S1/ RE: Sewer Billing DATE: January 13, 1982 • Introduction Council passed a sewer service rate increase at the same time the 1982 Budget was adopted. The increase was 50% and appeared on bills customers received on or about 1/1/82. These bills are based on winter quarter (1981) water usage. Background I have been contacted by 23 customers regarding the most recent bills. Most calls involved explaining how the bill was derived. About four callers indicated that they may want to pursue the issue with a letter to the Admini- strator or to Council. All but the very basic informational calls on sewer are referred by SPUC to me. One customer (Kathy Lindgren, 635 W. 4th) had contacted me last June regarding the size of her bill and has again called in. Her bill is currently $45.00 per month. It was related to me that there was a leaky toilet last winter quarter but that the leak was repaired. The leak last winter caused her bill to be what it is. The City's policy is not to adjust bills for leaks that have been repaired. This customer has stated that she refused to pay this and subsequent sewer bills unless adjustments are made. Her water use has been for the following quarters: 9/80= 75,000, 12/80= 89,000, 3/81= 112,000, 6/81= 50,000, 9/81= 22,000, 12/81= 19,000. The current sewer bill is based on the 112,000 gallons used last winter. I told the customer that I would forward this information to Council to see if they would adjust her bill . A review of water use for 1981 winter quarter (residential) showed the following consumption pattern and range of bills. May'81* June '81 Jan. '82 Gallons 41 of Accounts Flat Rate/mo. Bill Range/mo. Bill Range/mo. 0-5,000 g/qtr 204 $ 6.44 $2.00-$3.27(49%) $3.00-$4.90(-24%) 5,000-10,000 246 6.44 $3.27-$4.53(-30%) $4.90-$6.80(+6%) 10,000-15,000 533 6.44 $4.53-$5.80(-10%) $6.80-$8.70(+35%) 15,000-20,000 424 6.44 $5.80-$7.06(+10%) $8.70-$10.60(+65%) 20,000-25,000 308 6.44 $7.06-$8.33(+29%) $l0.60-$12.50(+94%) 25,000-30,000 193 6.44 $8.33-$9.60(+49%) $12.50-$14.40(+124% 30,000-35,000 103 6.44 $9.60-$10.87(+70%) $14.40-$16.30(+153% 35,000-40,000 42 6.44 $10.87-$12. 13(+88X) $16.30-$18.20(+183%, 40,000 + 56 6.44 $12. 13- $18.20- *Note: Residential Flat Rate(Not Senior Citizen Rate) **Note: Percentages are for top of range versus flat rate John K. Anderson Page Two / 9/ January 13, 1982 1� For Informational Purposes: The budget for 1982 shows on a cash basis, sewer service revenues of $728,000 and MWCC cash payments of $566,000. Total cash disbursements for the Sewer Fund are shown as $705,000. Alternatives i 1 For alternatives and recommendations regarding problems like Kathy Lindgren's see City Administrators memo re: James O'Neil sewer billing. For alternatives for the users, such as Walt Harbeck, that have experienced the higher rate increases because of our change from a flat rate billing system there are four alternatives. 1 . The homeowner can seek to curb his/her water consumption (conserve) which could include fixing leaks, etc. 2. The City could modify it's 2 quarter winter months to make sure no lawn sprinkling shows up in the winter quarter(s) bill (currently we use the 4th quarter, September 15 to December 15, and the 1st quarter, December 16 to March 15) . We could use one quarter, the Dec. 16 to March 15 period. 3. The City could shift its rate structure to put more emphasis on the flat $3 per month service charge portion of the rate. 4. The City could keep the present structure and make modification when it next adjusts the rates thus giving the new system a longer shake down period. Recommendation The staff recommendation for handling the Kathy Lindgren request is included in the James O'Neill Sewer Bill/Lawn Sprinkling memo. The staff recommends alternative No. 1 and No.4 for the present, that is no change in the rate structure. In addition the staff recommends that alternative No. 2 and No. 3 be seriously considered when the City makes its next rate adjustment. This recommendation is made for the following reasons: First we do need a shake down period during which people can adjust to the change from the flat rate system which carried no incentive to conserve; Second we have had two changes already in 1982 and a third would simply be more confusing to consumers; and Third the change to a consumption based rate inevitably would impact a certain number of high users and we understood that when making the shift. Action Requested Motion to continue to use the present sewer rate structure until another rate increase is needed and then consider shifting more of the cost to people who consume less water. GV/dkw;jms MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Proposed Ordinance Nos . 85 and 86 DATE: January 29 , ,1982 INTRODUCTION: The current ordinances governing various amusement attractions contain contradictions between themselves and do not fit into the appropriate Chapter in the City Code . BACKGROUND : After recent meetings between representatives of Valleyfair and members of the City Council , concerns of all were resolved and staff was directed to prepare an ordinance incorporating the issues addressed . The attached Ordinance No. 85 addresses transient entertainments and replaces language currently in the City Code . Ordinance No . 86 replaces Ordinance Nos . 20 and 55 both of which have not been updated in our current revision to the City Code because of their contradictions of one another. Ordinance No. 86 is addressing Non Transient Entertainments such as Valleyfair and ski lifts . The two ordinance were drafted by Mr. Krass , Ass ' t . City Attorney, at your direction. ALTERNATIVES : 1 ] Adopt Ord . No. 85 and/or Ord . No . 86 2 ] Table Ord. No . 85 and/or Ord. No . 86 for further drafting ACTION REQUESTED: 1 ] Adopt Ord. No . 85 , Amending the City Code by Repealing Section 6 . 24 Thereof and Enacting A New Section 6 . 24 Governing Fairs , Carnivals , Circuses , Shows and Similar Enterprises 2 ] Adopt Ord . No . 86 , Adding A New Section 6 . 26 to the City Code Providing for the Regulation, Licensing and 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 Non-Compliance Hereof jc ORDINANCE NO. 85 NEW SERIES AN ORDINANCE AMENDING THE CITY CODE BY REPEALING SECTION 6.24 THEREOF AND ENACTING A NEW SECTION 6.24 GOVERNING FAIRS, CARNIVALS, CIRCUSES, SHOWS AND SIMILAR ENTERPRISES. The City Council of the City of Shakopee does ordain as follows: SECTION I: REPEAL Section 6.24 of the City Code, as amended by Ordinances 20 and 55, is hereby repealed. SECTION II: A NEW SECTION 6.24 OF THE CITY CODE IS HEREBY ENACTED AS FOLLOWS: SUBD. 1 : Definitions A. Fair - A festival where there is entertainment and things are exhibited and sold. B . Carnival - Circus - A traveling commercial entertainment with sideshows, rides and games. C. Show - A presentation of entertainment, theatricals, concerts , displays and exhibitions. D. Amusement Devises - Any equipment or piece of equipment, appliance or combination thereof designed or intended to entertain or amuse the public at an event covered by this Section. E. Amusement Ride - Any mechanized device or combination of devices which carry passengers along the gound or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills or excitement at an event covered by this Section. F. Building Official - A principal building official of the City of Shakopee who is duly certified by the State of Minnesota. G. Booth - Any structure or enclosure located at an event covered by this Section from which amusement and/or services, souvenirs, food or other commerce items are offered to the public or displayed. H. Related Electrical Equipment - Any electrical apparatus or wiring combination thereof used at an event covered by this Section. I . Operator - A corporation, person, association of persons, or the agent of the same who either owns or controls or has the duty to control the operation of amusement device or ride, concession booth or related electrical equipment at all events covered by this Ordinance, including an agency of the State or any of its political subdivisions. J SUBD. 2: General License Required A. It is unlawful for any person to present or operate within the City of Shakopee an event covered by this Section without first having obtained a license therefor from the City and paying a fee therefor as set from time to time by the City Council by Resolution. B. Condition of License - No license shall be issued until the proper application has been completed, the fee or fees paid, and, where applicable, insurance provided. A copy of all insurance policies or certificates must be deposited with the City and must contain a provision that the City will be notified in writing at least ten (10) days in advance of any cancellation or change in such coverage. SUBD. 3: Electrical Permit Required A. No amusement device or ride, concession booth or any related electrical equipment shall be operated at any event covered hereby in the City without an electric permit having been issued in addition to the general license, permitting the operation of such device or equipment. B. Application - Prior to the operation of any device covered by this Subdivision, the person required to obtain a permit shall apply to the City for a permit on a form furnished by the City, which form shall contain such information as the City may require. SUBD. 4: Inspection Required For the purpose of determining if an amusement ride, device, concession booth or any related electrical equipment covered by this Section is in safe operating condition and will provide protection to the public using the same, said equipment and ride shall be inspected by the City before it is initially placed in operation. If, after inspection, an amusement device or ride, concession booth or related electrical equipment is found to comply with the rules adopted hereby, the City shall upon payment of the fee (plus an inspection fee) permit the operation of the device. Additions or alterations that would change the structure, mechanism, classification or capacity of said amusement ride, concession booth or related electrical equipment, shall not be permitted unless approved in writing by the City. SUBD. 5: Rules A. The City may adopt and issue rules for the safe installation, repair, maintenance, use, operation and inspection of amusement devices, amusement rides, concession booths and related electrical equipment at all enterprises covered hereby. Rules shall be adopted by Resolution and shall be based upon generally accepted engineering standards and shall be concerned with, but not necessarily limited to, engineering force stresses , safety devices and preventive maintenance. ' Whenever such standards from manufacturers are available in suitable form, they may be incorporated by reference. The rules shall provide for the reporting of accidents and injuries incurred from or as the result of the operation of amusement devices or rides, concession booth or related elctrical equipment. These rules may be modified or repealed at any time by Resolution. SUBD. 6: Cessation Order The Building Official may order in writing a temporary cessation or operation of any amusement device or ride, concession booth or related electrical equipment covered herein if it has been determined after inspection to be hazardous or unsafe. The operation of such amusement device, ride, concession booth or related electrical equipment shall not be resumed until the unsafe or hazardous conditions have been corrected to the satisfaction of the City and the cessation order lifted by written order. SUBD. 7 : Insurance A. General - No person, form or corporation shall be issued a license hereunder unless he first obtains an insurance policy in an amount not less than $300,000 for bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of not less than $500,000 for bodily injury or death of two or more persons in any one accident; and in an amount of not less than $5,000 for injury to or destruction of property of others in any one accident, insuring the operator against liability for injury or death suffered by a person attending the fair, carnival or amusement park. B. Products Liability Insurance - The applicant shall provide products liability insurance in the amounts provided in Subdivision 7(A) above if any food or drink is served upon the premises. C. All policies or insurance certificates required hereunder and hereby must be deposited with the City of Shakopee and each such policy or certificate shall contain a provision that the City will be notified in writing at least ten (10) days in advance of any cancellation or change in the coverage of the insured. i �. 6 SUBD. 8: Exemption The following amusement devices, rides or concession booth are exempt from the provisions of this Section: A. Permanent amusement parks, permanent theme parks, or ski lifts. B. Non-mechanized playgound equipment including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, 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. C. A concession booth, amusement device or ride which is owned and operated by a non-profit, religious, educational or charitable institution or association, if such booth, device or ride is located within a building subject to inspection by the State Fire Marshal or by any political subdivision of the State under its building, fire, electrical and related public safety ordinances. D. The City may exempt amusement devices from the provisions of this Section that have self-contained wiring installed by the manufacturer, that are operated manually by the use of hands or feet, that operate on less than 120 volts of electrical power, and that are fixtures within or a part of a structure subject to the building code of this State or any political subdivision of this State. E. The City may exempt playground equipment owned, maintained and operated by any political subdivision of the State. SUBD. 9: Waiver of Inspection The City may waive the requirement that an amusement device, ride or any part thereof, be inspected before being operated in the City, if any operator gives satisfactory proof to the City that the amusement device, ride, or any part thereof has passed an inspection conducted by a public or private agency whose inspection standards and requirements are at least equal to those requirements and standards established by the City under the provisions hereof, but the license fee shall be paid before the City may waive this requirement. SUBD. 10: Penalties A. Any person who operates an amusement device, ride, concession booth or related electrical equipment at any enterprise covered hereby without first having obtained a permit from the City, or who violates any provision hereof, is guilty of a misdemeanor. B. Each day that a person violates any of the provisions hereof shall constitute a separate offense hereunder. C. Any person who interferes with, impedes or obstructs in any manner the City or any authorized representative of the inspection department in the performance of his duties under this Section is guilty of a misdemeanor. Any person who bribes or attempts to bribe the inspector or his designee shall be guilty of a misdemeanor. SECTION III : WHEN IN FORCE This Ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed in session of the City Council of the City oc Shakpee held this day of , 1982. Eldon Reinke, Mayor ATTEST: John Anderson, City Administrator Prepared and approved as to form this 29th day of January, 1982 Phillip R. Krass Assistant City Attorney ORDINANCE NO. 86 NEW SERIES AN ORDINANCE ADDING A NEW SECTION 6.26 TO THE CITY CODE PROVIDING FOR THE REGULATION, LICENSING AND 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 NON-COMPLIANCE HEREOF The City Council of the City of Shakopee does ordain as follows: SECTION I : A NEW SECTION 6.26 OF THE CITY CODE IS HEREBY ENACTED AS FOLLOWS' SUBD. 1 : Definitions A. Amusement Attraction - Any building or structure around, over or through which people may move, walk, slide, or ride without the aid of any moving device integral to the building or structure, whose principal purpose is to provide amusement, pleasure, thrills or excitement. B. Amusement Ride - 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 - A tract, structure, area and equipment, including electrical equipment, used principally as a location for supporting amusement rides, amusement devices and concession booths. D. Building Official - A principal inspector responsible to the City of Shakopee. E. Concession Booth - 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. F. City - The City of Shakopee or its designee. G. Inspection Engineer - A Minnesota registered engineer retained by the operator for purposes of conducting such inspections and certifications as are required herein. H. Major Alteration - 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 transportation 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. I . Where local regulations are more restrictive than codes, the more restrictive shall apply. i J . Major Breakdown - A stoppage of operation from whatever cause resulting in damage, failure or breakage of a stress bearing part of a ride or device. K. Operator - A person, who owns or controls or has the duty to control the operation of a facility covered by this Section. L. Rated Capacity - 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 inspecting engineer after inspection and determination. M. Ride Operator - A person or persons causing a ride or amusement device to go and stop or perform its entertaining function. N. Ski Lift - 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. 2: Administrative Procedures All of the provisions of the City of Shakopee Admnistrative 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. 3: License Required No person shall operate a ski lift, ride, amusement device or concession booth at any facility covered by this Section 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. 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. Licenses shall be issued for the following categories of construction of all amusement rides or ski lifts covered by this Section and the licensing procedure herein shall be in addition to any permit fees, or state or local code requirements and local inspections required by law. 1 . New construction of amusement rides manufactured in the United States. The licensing for the construction of rides under this paragraph will be pursuant to an application for such license on a form provided by the City which will be accompanied by signed prints (each sheet) by a Minnesota registered engineer or architect for all aspects of said ride which are not fabricated or supplied by the manufactuer. The application for said license will include a certification by said inspecting engineer that the plans detailed for the ride in question have been drawn and/or reviewed by said engineer or architect and to the best of the belief and knowledge of said engineer or architect are in conformance with all existing applicable state and local codes governing said ride. The City may authorize the construction of said ride to be in stages as said applicable prints and certifications shall be submitted. Upon the completion of the construction of said ride and prior to the issuance of a license or a certificate of occupancy for said ride, an inspecting engineer shall provide written certification of code compliance for such rides stating that the construction and direction of said ride are in compliance with the print specifications as submitted to the City and in compliance with all applicable state and local codes and certifying to the structural , electrical and mechanical integrity of the ride in question. In the event a reciprocal agreement does not exist betweea the State of Minnesota and the state which the manufacturer's engineer is registered, the operator shall supply plans signed by the manufacturer's engineer and a certificate from the manufacturer's engineer stating that the ride has been installed according to design and in conformance to this paragraph prior to the issuance of a certificate of occupancy. 2. New construction of non-United States manufactured rides. The licensing for the construction of rides under this paragraph will be pursuant to an application for such license on a form provided by the City which will be accompanied by signed prints (each sheet) by a Minnesota registered engineer or architect for all aspects of said ride which are not fabricated or supplied by the manufactuer. The City may authorize the construction of said ride to be in stages as said applicable prints and certifications shall be submitted. Upon installation of the ride and prior to issuance an occupancy permit, the operator shall provide to the City a statement signed by a registered Minnesota engineer or architect and/or the ride manufacturer's engineer stating that the ride has been installed in accordance with the manufacturer's design and intent. The certification will specify the maximum loading capacity of the ride in terms of both people and weight. 3. Construction of used rides. The licensing for the construction of rides under this paragraph will be pursuant to an application for such license on a form provided by the City which will be accompanied by signed prints (each sheet) by a Minnesota registered engineer or architect for all aspects of said ride which are not fabricated or supplied by the manufactuer. Prior to the issuance of an occupancy permit, the operator shall provide to the City a certification by registered Minnesota engineer or architect that the ride has been installed in accordance with the manufacturer' s design and intent and in conformance with all State and local codes governing the same. The operator shall also provide a statement certifying that all primary component parts of the ride have been tested and passed said testing. The operator will further provide documentation as to the maximum loading capacity for said ride and if such documentation is unavailable, the operator shall perform necessary stress analysis in order to specify and define the maximum loading capacity of said ride in terms of people and weight. 4. Alterations and Reconstruction. A certificate of occupancy shall be required prior to the operation of any rides which have undergone major alteration or reconstruction after major breakdown, which certificate of occupancy shall not issue until the operator provides the City with a certification by a Minnesota registered engineer or architect that said alteration or reconstruction is in accordance with the manufacturer's design and intent and in accordance with all applicable State and local codes. 5. The requirements of this paragra '? B do not preempt the City' s right of entry or the obligations imposed under the electrical , plumbing, mechanical , building code or fire code requirements, or the obligations to pay all applicable permit fees. C. Fees. Application and license 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 r the City Council , but not less than $1 ,000,000 combined single limit insuring the operator, the City, the City's elected and appointed officials, employees and agents, against liability for any injury or death of any nature occurring on said premises. E. The operator shall agree in writing to indemnify and hold harmless the City, and the City's elected and appointed officials, employees and agents against all claims, causes of action, litigation or expenses of any kind relating in any manner to the operation of any facility covered under this Section. F. Expiration. All licenses issued under this Ordinance shall expire on December 31st of the year issued. G. No license shall be issued until a certificate of occupancy has keen issued for all facilities covered by this Section to be operated this license year. Prior to issuing a certificate of occupancy, the City Building Official will conduct an inspection of the buildings for safety, and complianLe with electrical , mechanical , plumbing, building and fire codes. H. Revocation - Suspension. Licenses may be revoked, suspended, or summarily suspended in accordance with Minnesota law for violation of this Section. SUBD. 4. Cessation Order The Building Official may order in writing a temporary cessation or operation of any amusement device or ride, concession booth or related electrical equipment covered herein if it has been determined after inspection to be hazardous or unsafe. The operation of such amusement device, ride, concession booth or related electrical equipment shall not be resumed until the unsafe or hazardous conditions have been corrected to the satisfaction of the City and the cessation order lifted by written order. SUBD. 5. Penalties A. Any operator or ride operator who operates an amusement ride, ski lift, or concession booth or related electrical equipment at any facility covered in this Section without first having obtained a license from the City, or who violates any provision hereof is guilty of a misdemeanor. B. Each day that a person violates any of the provisions hereof shall constitute a separate offense hereunder. C. Any person who interferes with, impedes or instructs in any manner the City or any authorized representative of the City in the performance of their duties under this Section is guilty of a misdemeanor. Any person who bribes or attempts to bribe the Building Official or his designee shall be guilty of a misdemeanor. SECTION II : WHEN IN FORCE This Ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed in session of the City Council of the City of Shakopee held this day of , 1982. Eldon Reinke, Mayor ATTEST: John Anderson, City Administrator Prepared and approved as to form this 29th day of January, 1982 Phillip R. Krass Assistant City Attorney MEMO TO: Mayor and City Council FROM: John K. Anderson City Administrator RE: Lease with Save O 'Dowd Lakes Chain, Inc . DATE: January 29 , 1982 Introduction: City Council , at its regular January 19 , 1982 meeting, directed Staff to draft a lease for the purpose of leasing City owned land at O'Dowd Lake to Save O'Dowd Lakes Chain, Inc . Lease The City Attorney has drafted the attached lease which has been executed by Mike Sulik, President of Save O'Dowd Lakes Chain, Inc . The City has also received a copy of the insurance and has that on file . Alternatives : 1 . Approve the lease ; 2 . Modify the lease ; 3 . Do not approve the lease. Recommendation: Staff recommends Alternative No. 1 with a statement in the motion that the Save O'Dowd Lakes Chain, Inc . , will lose the lease if the insurance is not kept in force and that the operation will not cost the City anything ( this does not include any possible SPUC contribution in installing the power pole & line ) . Action Requested: Authorize the appropriate City officials to execute a one-year lease between the City of Shakopee and Save O'Dowd Lakes Chain, Inc . , and that said lease shall be cancelled if the corporation does not keep their insurance in force and/or the City is required to pay part of the operating costs for the aerators . JKA/jiw No. 1535 —LEASE--General Form MILLER.OI.VIS GO.,MINry EgBoue 1ji5 �nbenture, Made this day of February (/v,, 1v�V J9./ 82 by and between The City of Shakopee, a municipal corporation located in Scott County, Minnesota 'powd Lakes Chain, Inc. , a Minnesota non-profit party of the first part, Lessor , and Save 0 corporation, party of the second part, Lessee , rA itneggetb, That the said party of the first part, in consideration of the rents and covenants, hereinafter mentioned, do hereby Demise, Lease and Let unto the said party of the second part, and the said party of the second part do hereby hire and take from the said party of the first part, the follow- ing described premises, situated in the County of Scott ,and State of Minnesota viz: So much of Lots M, N & Oinclusive, Registered Land Survey No. 45, Scott County, Minnesota, necessary to erect, maintain and service a pole or poles for the purpose of supplying electric energy to operate three aerators in O'Dowds Lake off the South shore of the above described property together with all necessary wires and guides to extend from a point on County Road 79 to a point on the shore of O'Dowds Lake across said lands for a distance of approximately 200 feet together with the right of ingress and egress for the purpose of serving said lands. its successo Oto babe anb to 5bo[b, The above rented premises unto the said Lessee , �a + x issigne, for and during the full term of 10 years from and after the 28th day of January , 19 82, S.ub.j.ec.t....however.,....to cancellation by either party giving the other six months notice in writing and the said Lessee agree to and with the said Lessor to pay as rent for the above mentioned prem- ises the sum of One Dollar and other good and valuable consideration DOLLARS for and during the full term of this Lease. and it is further agreed by and between the parties as follows: That should the said Lessee fail to make the above mentioned payments as herein specified, or to pay the rent aforesaid when due, or fail to fulfill any of the covenants herein contained, then and in that ease it shall be lawful for the said Lessor to re-enter and take possession of the above rented premises, and hold and enjoy the same without such re-entering working a forfeiture of the rents to be paid and the covenants to be performed by the said Lessee for the full term of this Lease. and the said Lessee also covenants...and agrees.... to and with the said Lessor not to assign this Lease, or underlet the above rented premises or any part thereof, without first obtaining the written consent of the said Lessor , and that it will, at the expiration of the time as herein recited, quietly yield and surrender the aforesaid premises to the said Lessor , heirs and assigns, in as good condition and repair as when took them, reasonable wear and tear and damage by the elements alone excepted. and the said Lessor do covenant that the said Lessee , on paying the rent and performing the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid. 3 n Zeotimonp :'I:=tiered, Both parties have hereunto set their hands and seals the day and year first above written. CITY OF SHAKOPEE, A MUNICIPAL CORPORATION By Mayor $.y City Clerk SAVE O'DOWD LAKES CHAIN, Incorporated By - -- authorized signature By authorized signature — ,fir,;; 0 e. e 3 F e.4 n \+J a • CI. sazidxa uoTssTmwoo AN eaosaunTl. 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Pu?olaLoj Pio palnaaxa o'jan puv ug pagJosap uosiad aq og un out gut of pacvaddv /ifvuos.cad *11no49 pins.coj puv v 'aau aaojaq ' Z13.61 'Q 'b' ' jo/Ivp 67217110 s8� lloog jo fl4unoU ulosauuTH JO jirl 70L-1 MEMO TO : John K. Anderson City Administrator FROM: Don Steger City Planner RE: Policies on Lot Splits DATE: January 11, 1982 After considerable discussion over the past few months , the Planning Commission adopted policies regarding lot splits . At a public hearing conducted during the December 10, 1981 and January 7 , 1982 Planning Commission meetings, the Planning Commission unanimously voted to adopt the lot split policies contained on the following page. The builders/developers in Shakopee participated in the discussion of this item and were in agreement with these policies . The following policies are intended to replace the existing Section 12 . 08 of the Subdivision Regulations . Action Requested : Adopt Ordinance No. 81, which amends Section 12. 08 of the Subdivision Regulations. DS/j iw Attachments AMEND SECTION 12 . 08 , SMALL SUBDIVISIONS, AS FOLLOWS: � a- SECTION 12 . 08 . SMALL SUBDIVISIONS (LOT SPLITS) The following policies regarding the splitting of platted recorded. lots are hereby established. When splitting a platted recorded lot into 2 - 5 lots , a simple administrative (staff*) review shall be required and an official survey shall be provided for the administra- tive review. The City Planner shall have the option of requiring the normal preliminary and final platting procedures due to complexity or special circumstances (such as the need for additional easements , dedications , etc . ) . The Planning Commission shall be informed of all staff reviews of lot splits at the earliest regular meeting. Note : When subdividing unplatted property, the regular preliminary and final platting procedures shall be followed. *Staff shall be defined as the following departments : Planning, Engineering, Administration, Utilities , Building Inspections, Police , Fire , Community Services and Public Works. 7 G� ORDINANCE NO. 81 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 12 OF THE CITY CODE BY REPEALING SECTION 12.08 ENTITLED "SMALL SUBDIVISIONS" AND BY ENACTING A NEW SECTION 12.08 ENTITLED " SMALL SUBDIVISIONS LOT SPLITS" AND ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1 AND SECTIONS 12. 17 and 12.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I: REPEAL Section 12.08 of Chapter 12 is hereby repealed in its entirety. SECTION II_ Shakopee City Code, Chapter 12 is hereby amended by adding the_ following_ new Section 12.08 entitled "Small Subdivisions - LotSklits" Subd 1: When splitting a platted recorded lot into two to five lots, the following requirements must be met: A. A simple administrative review shall be performed by the staff consisting of representatives from the following departments: Planning, Engineering, Administration, Utilities, Building Inspection, Police, Fire, Community Services and Public Works. B. An official survey shall be provided for the administrative review. C. The City Planner shall have the option ofrequiring the normal pre- liminary and final platting procedures due to complexity or special circumstances (such as the need for additional easements, dedications, etc.) . D. The Planning Commission shall be informed of all staff reviews of lot splits at their earliest regular meeting. Subd. 2: When subdividing unplatted property, the regular preliminary and final platting procedures shall be followed. SECTION III: Adopted by reference The general provisions and definitions applicable to the entire City Code, including Penally Provisions of Chapter 1 and Sections 12.17 and 12.99 are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION IV: When in Force This Ordinance shall be in full force and effect from and after itsadoption, signing, attestation and publication in the official newspaper of the City of Shakopee. 7,7: -, ,114,74tirr777,DMUNitatr" ---7111111011 7 cc, Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of —__ , 1982. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 1st day of February, 1982. 91.44#‘4.4rteaet443, City Attorney MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Proposed Change in the City Administrator and Elections Divisions of the General Fund in the 1982 Budget DATE: January 27 , 1982 Introduction As part of the implementation of the 1982 Budget , City staff has reviewed the existing budget program categories and made changes to better reflect existing program activity areas , eg. snow removal , patching etc . within the Division of Streets and Alleys . In going through this process it became clear that the budget division entitled City Administrator should no longer include the City Clerk' s functions . Problem With the clear division of the City Clerk' s and City Administrator ' s functions January 1 , 1981 , and with one year of experience in defin- ing responsibilities behind us , it is staff ' s recommendation that the functions become separate budget divisions with the following program categories . City Administrator City Clerk General Management General Management Council and Agendas Council and Agendas Budget Elections Licensing Officials Documents Personnel Records Not listed are specific projects which require the time of the Clerk or Administrator and are charged to special projects , cable TV, etc . Alternatives 1 . Continue with the current Division budgets . 2 . Change the Division budgets as discussed above . Recommendation Staff recommends Alternative No. 2 for the reason outlined above . Action Requested Approve Resolution No. 1977 , A Resolution Amending Resolution No. 1921 Adopting the 1982 Budget . JKA/jms RESOLUTION NO. 1977 A RESOLUTION APPROVING GENERAL FUND BUDGET DIVISION CHANGES WHEREAS , the annual budget of the City of Shakopee for the fiscal year beginning January 1 , 1982 was adopted by the City Council with Resolution No. 1921 , and WHEREAS , there is a need to reallocate the appropriations in the City Administrator and Elections Divisions of the General Fund to the City Administrator and a new City Clerk Division, and WHEREAS , the total appropriation for the two new divisions will not change from that of the two old divisions approved when the 1982 Budget was adopted with Resolution No. 1921 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the appropriate City officials are hereby authorized to make the changes in Division appropria- tions of the 1982 Budget , as outlined in the attached schedule , without increasing the total appropriations of the 1982 General Fund Budget . Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of , 1982 . Mayor or F' e City o" Shakopee ATTEST: City Clerk Approved as to form this day of , 1982 . City Attorney Attachment - Resolution No. 1977 PROPOSED GENERAL FUND BUDGET DIVISION CHANGES Admin. Elections Admin. Clerk Original Original Revised Revised Object Description Budget Budget Budget Budget* 4100 Salaries - Rill time 68, 120 1 , 300 42 ,340** 27 ,080*** 4112 Overtime - full time 200 100 100 4130 Salaries - part time 500 250 250 4140 PERA 3 , 760 70 2 ,330 1 , 500 4141 Pensions FICA 4, 545 85 2 ,820 1 ,810 4150 Health & Life Ins . 3 ,050 50 1 , 550 1 , 550 4151 Workmens Comp. Ins . 725 650 75 4210 Supplies 2 ,450 350 250 2 , 550 4222 Motor Fuels & Lubricants 800 800 4232 Equip. Maint . & Repair 620 200 420 4310 Professional Services 2 ,000 6 ,230 2 ,000 6 , 230 4320 Postage 2 , 200 2 ,200 4321 Telephone 1 ,200 400 800 4330 Travel & Subsistence 200 100 100 4350 Printing & Publishing 14,000 50 1 ,050 13 ,000 4360 Insurance 690 690 4380 Rents 100 100 4390 Conferences & Schools 900 450 450 4391 Dues & Subscriptions 900 500 400 4499 Miscellaneous 200 100 100 4511 Capital Equipment 6 , 500 1 ,000 6 , 500 1 ,000 Total Amount This Division 113 ,660 9 , 135 63 ,080 59 , 715 -, Includes original elections as separate program within Clerk division Includes City Administrator and 5070 of 1-1/2 secretary AAA Includes City Clerk and 50/ of 1-1/2 secretary i MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox , City Clerk RE : Resolution of Appreciation to Dick Hullander DATE: January 27 , 1982 Introduction At its regular meeting on January 19th, City Council directed the preparation of a resolution expressing appreciation to Mr. Hullander for his efforts on the Ad Hoc Downtown Committee . Action Requested Offer Resolution No. 1976 , A Resolution of Appreciation to Richard S . Hullander. , and moved it adoption. JSC/jms RESOLUTION NO. 1976 A RESOLUTION OF APPRECIATION TO RICHARD S . HULLANDER WHEREAS , the Shakopee City Council did create an Ad Hoc Down- town Committee , a sub-committee of the Industrial Commercial Com- mission in April of 1981 ; and WHEREAS , the Ad Hoc Downtown Committee was established to prepare a downtown economic development strategy and make a recommendation to the Industrial Commercial Commission and the City Council ; and WHEREAS , Richard S . Hullander was appointed to said Committee as one of its original members ; and WHEREAS , Richard S . Hullander has served unselfishly and has dedicated many hours to the efforts of the Ad Hoc Downtown Committee. NOW, THEREFORE , BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA does hereby extend to Richard S. Hullander the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in session of the City of Shakopee , Minnesota , held this day of 1982. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982 . City Attorney MEMO TO : John K . Anderson City Administrator r FROM : H . R. Spurrier City Engineer s _ RE : Kmart Distribution Center. ndscape Contract DATE : January 29, 1982 Introduction : Work has been completed by Hoffman McNamara for the above-referenced contract and final payment should be made. Background: I attach copies of letters from Kmart Corporation and M. A. Mortenson recommending final payment in accordance with the Redevelopment Agree- ment. Final payment is $6, 107.00. City staff concurs with the recommendation of M . A. Mortenson and Kmart Corporation and recommends final payment in the amount of $6, 107. 00 paid to Hoffman McNamara, 2601 Glendale Road, Hastings, MN 55033 for the Kmart Landscaping and Irrigation Contract. Action Requested: Adopt Resolution No. 1978, A Resolution Accepting Work On The Kmart Landscaping And Irrigation Project. HRS/jiw Attachments nowii:miesr° 1 M. A. MORTENSON COMPANY GENERAL CONTRACTORS • 700 MEADOW LANE NORTH MAILING ADDRESS PO BOX 710•MINNEAPOLIS,MINNESOTA 55440•TELEPHONE(612)377-2630 December 21, 1981 --1, 1 1.1 City of Shakopee " ' DEL-. �u 129 East First Avenue : , .. .• `'.1991 !— Shakopee, Shakopee, Minnesota 55379 Attention: Mr. Bo Spurrier 6y Re: Kmart Distribution Center Shakopee, Minnesota Landscape Contract Gentlemen: We are writing to inform you that Mr. Brown and myself reviewed the landscape plantings on December 11, 1981. We are satisfied that the landscape plantings are complete and as specified or agreed upon. This job is acceptable to M. A. Mortenson Company. We therefore recommend that all monies being withheld for re- tainage be released immediately. Please send all waivers of lien and guarantees when this contract is closed. If you have any comments or questions, please contact me. Very truly yours, 6Y1-t UJ , L o-n; Don Wilson Field Engineer DW/tb Enc. cc: Hoffman McNamara Kmart Corporation INNE wf�c,`1 K MART CORPORATION INTERNATIONAL HEADQUARTERS 3100 WEST BIG BEAVER RD. TROY, MICHIGAN 48084 December 15, 1981 . 91.-21©11 X 71711--r-I 4-11 M. A. Mortenson Company .�� ai 700 Meadow Lane North DEC 1? 1981 Minneapolis, Minnesota 55440 11pt ��NSvly Attention: Mr. Don Wilson �`1�• A. '��vf� 1 JV'v Re: #8299-K mart Distribution Center Shakopee, Minnesota 55379 901 County Road #83, P.O. Box 507 Dear Mr. Wilson: On December 11, 1981 the writer, along with yourself, reviewed the land- scape plantings to determine if this phase of the work on this project were complete and acceptable. We are satisfied that the landscape plant- ings are complete and as specified or agreed upon. The job is acceptable to K mart Corporation. Please secure all waivers of lien and guarantees when this contract is closed. Very truly yours, 1 H. C. Brown Project Representative Building Division Construction Department HCB/ks cc: W. J. T,Zottershaw cc: Eva Fara 12-29-81 RESOLUTION NO . 1978 A Resolution Accepting Work On The K mart Landscaping And Irrigation Contract (Project No. K 81-1) • WHEREAS, pursuant to a written contract signed with the City of Shakopee on June 2, 1981, Hoffman McNamara, 2601 Glendale Road, Hastings, MN 55033 has satisfactorily completed the Landscaping and Irrigation Contract for Lot 1, Block 1, Valley Park 3rd Addition in accordance with such contract, and WHEREAS, ninety (90) days has lapsed from the date the last work was performed on such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and the Mayor are hereby directed to issue proper order for the final payment of such contract in the amount of $6, 107. 00. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1982. Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1982. MEMO TO : John K . Anderson City Administrator FROM : H . R. Spurrier e,. City Engineer ,<s RE : Valley Industrial Boulevard ' outh DATE : January 29, 1982 Introduction : Pursuant to direction of City Council and pursuant to the Capital Improvement Program, the appropriate documents have been prepared to initiate construction of Valley Industrial Boulevard South from County Road 83 to the east line of Valley Park 2nd Addition. Background : Resolution ordering the preparation of a report and a resolution accepting a report and setting the date for a public hearing on the improvement and the feasibility report are attached for review and acceptance by City Council. This project is the project requested by several developers in the Industrial Park. It clears the way for holding a public hearing on the proposed improve- ment. Action Requested : Adopt Resolution No. 1979, A Resolution Ordering The Preparation Of A Report On The Improvement Of Valley Industrial Boulevard South from County Road 83 to the east line of Valley Park 2nd Addition. Adopt Resolution No. 1980, A Resolution Receiving A Report And Calling A Hearing On The Improvement Of Valley Industrial Boulevard South From County Road 83 To The East Line of Valley Park 2nd Addition. HRS/jiw Attachments ' Ulm RESOLUTION NO. 1979 A Resolution Ordering The Preparation Of A Report On An Improvement Valley Industrial Boulevard South From County Road 83 To The East Line of Valley Park 2nd Addition WHEREAS, it is proposed to improve Valley Industrial Boulevard South from County Road 83 to the East line of Valley Park 2nd Addition, by roadway and to assess the benefitted properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Henry R . Spurrier, City Engineer, for study and that he is instructed to report to Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of SLakopee, Minnesota, held this — day of , 1982. Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1982. RESOLUTION NO. 1980 A Resolution Receiving A Report And Calling A Hearing On Improvement Valley Industrial Boulevard South From County Road 83 To The East Line of Valley Park 2nd Addition WHEREAS, pursuant to Resolution No. 1979 of City Council adopted February 2, 1982 a report has been prepared by Henry R. Spurrier, City Engineer, with reference to the improvement of Valley Industrial Boulevard South from County Road 83 to the east line of Valley Park 2nd Addition by roadway, and this report was received by Council on February 2, 1982. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA : 1. The Council will consider the improvement of Valley industrial Boulevard South from County Road 83 to the East line of Valley Park 2nd Addition, by roadway, in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429, at an estimated total cost of the improvement of $229, 300. 00. 2. A public hearing shall be held on such proposed improvements on the 16th day of February, 1982 at 8:30 P.M. , or thereafter, in the Council Chambers of City Hall at 129 East 1st Avenue, Shakopee and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1982-2 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1982. CITY OF SHAKOPEE MINNESOTA FEASIBILITY REPORT VALLEY INDUSTRIAL BOULEVARD SOUTH COUNTY ROAD 83 TO EAST LINE OF VALLEY PARK 2ND ADDITION I hereby certt;fy that this plan, specification, or report was prepare• by me or under my direct supervision and that cm a ' u , Registered Professional i ,Engine r nder the lE w-ti the S te of Minnesota. Date 3 '.•istration No. 13689 January 1982 FEASIBILITY REPORT VALLEY INDUSTRIAL BOULEVARD SOUTH COUNTY ROAD 83 TO EAST LINE OF VALLEY PARK 2ND ADDITION TABLE OF CONTENTS Description Page No. Introduction 1 Backgound 1-2 Recommendations 2-3 Appendix I - Computations 4-8 Appendix II - Suburban Engineering Feasibility Report of May 11, 1979 9-15 FEASIBILITY REPORT VALLEY INDUSTRIAL BOULEVARD SOUTH COUNTY ROAD 83 TO EAST LINE OF VALLEY PARK 2ND ADDITION INTRODUCTION City Council has received numerous requests from property owners along Valley Industrial Boulevard South for the improvement of that roadway. City Council has ordered City staff to prepare appropriate documents to initiate and construct Valley Industrial Boulevard South between County Road 83 and the East line of Valley Park 2nd Addition. BACKGROUND The original Feasibility Report on this improvement was ordered and received by City Council and a hearing was held June 5, 1979. At that hearing, it became evident that roadway plans could not be finalized until the entire drainage plan was established. The drainage plan has now been established and pursuant to direction of City Council, the project is again submitted for construction, pursuant to Minnesota Statutes, Chapter 429. Subsequent to the preparation of the original Feasibility Report, important changes have been made as a result of acquiring additional knowledge about this improvement. The first significant alteration is in the scope of the proposed work. In examining the present condition of the subgrade, little credit could be given in-place materials. The present vertical alignment did not conform to City of Shakopee Design Criteria and Standard Specifications. The existing pavement surface was too close to the flow line of the roadside ditches which cause accelerated deterioration of the roadway structure. In order to eliminate these problems, the road was realigned and little of the present structural section was utilized in the proposed construction. As proposed in the original Feasibility Report dated May 11, 1979, the total estimated cost of the improvement was $136, 990. 00. The total project consisted of bituminous surfacing and storm sewer construction. The proposed project represents a 67. 4 percent increase in the project proposed May 11, 1979. -1- Approximately 36 percent of the difference of cost is accounted for in the difference between the structural section proposed in 1979 and the structural section proposed pursuant to City of Shakopee Design Criteria. The balance of the change falls into two categories; 16.8 percent of the change is the result of additional restoration cost and approximately 14.6 percent of the change is the result of reconstructing the entire section. The 14.6 percent of the increase amounts to $19,995. Improved drainage, sub- grade uniformity, and increased pavement life resulting from reconstruction will pay back the City in reduced maintenance costs in the future. In response to requests of developers, an urban section consisting of curb and gutter and underground storm sewer was considered. Construction of an urban section adds approximately $79, 970.00 to the total project cost. A tabulation of the affect of an urban section on the individual assessments can be found in the Appendix. This project presents the question of corner lots. There are four parcels affected by decisions made regarding corner lots. In assessing corner lots, there are two alternatives; one is that there be no assessment to the second side of the corner lots or that there be the customary 100 foot credit or some other credit established by Council. Corner lot assessments have previously been identified as a problem area in special improvement projects. Countless alternatives for the assessment of corners exist, therefore, only the existing policy and one alternative are represented herein. For more than a year, there has been little market activity and therefore, it is difficult to prepare appraisals of property that would be improved by this proposed project. Although the City has heard from several property owners served by the proposed project, there remain other property owners who have not expressed a similar desire. The existing road between County Road 83 and the east line of Valley Park 2nd Addition has a capacity for 5 ton loads. In the event the road is not improved, the City has the option of posting the road at 5 tons. Posting a road 5 tons in the Industrial Park would have an extremely negative affect on the development of the park and is not recommended. In the event there is overwhelming objection to the project, posting the road may well be the only alternative open to the City. RECOMMENDATIONS This project is technically judged not feasible because there is insufficient activity in the real estate market to determine whether the value of the properties benefitted by the project will increase in an amount equal to the assessment. A majority of the property owners may desire the project even though it lacks feasibility in a technical sense. -2- It is the recommendation of this report that City Council : 1 . Approve the rural section reconstructed as proposed in this report; 2. Bids be received on the proposed improvement; 3. An assessment hearing be held prior to awarding the contract for the proposed work; and 4. The contract be awarded only if there are no appeals or if potential losses as a result of any possible appeal are acceptable. -3- APPENDIX I ESTIMATES Rural Section Item No. Contract Item Quantity Unit Unit Price Total 1 Clear & Grub 17 In. /Dia. $ 40. 00 $ 680. 00 2 Base Prep & Test Rolling 27.4 R .S. 500. 00 13, 700. 00 3 Class V Aggregate (3138) , 560 Ton 4.00 30, 240. 00 4 3" Bit. Base Course (2331) 10, 190 Sq. Yd. 4. 45 45,345. 50 5 12" Bit. Binder Course (2331) 10, 190 Sq. Yd. 2. 30 23,437. 00 6 15" CMP 103 L.F. 15. 00 1, 545. 00 7 21" x 35" CMP 240 L.F. 27. 00 6,480. 00 8 27" x 42" CMP 340 L.F. 33.00 11,220. 00 9 15" CMP Apron 4 Ea. 66. 00 264. 00 10 21" x 35" Apron 12 Ea. 133. 00 1, 596. 00 11 27" x 42" CMP Apron 12 Ea. 192. 00 2, 304. 00 12 24" RCP CI. IV w/R-4 Joint 60 L.F. 30. 00 1,800. 00 13 1' Hyd. Adjustment 3 Ea. 100. 00 300. 00 14 24" RCP Apron 2 Ea. 161 . 00 322. 00 15 Rip Rap w/filter blanket 190 Ton 40.00 7,600. 00 16 Seed & Mulch 6, 000 Sq. Yd. 0.45 2, 700> 00 17 Sod 4, 000 Sq. Yd. 2. 10 8, 400. 00 18 Timber Retaining Wall 1,600 Sq. Yd. 7. 00 8, 120. 00 19 Reconstruct Ex. San. Sewer Manhole 6 Ea. 300. 00 1,800. 00 20 Relocate Ex. Hyd. & Gate Valve 5 Ea. 400. 00 2, 000. 00 Total $169,853. 50 16,985. 50 186,839.00 Technical Services 8. 2% 15, 305. 00 Inspection & Improvement Dist. Mgmt. 4. 3% 7,964. 00 Fiscal & Bond Costs 12.6% 19, 192. 00 TOTAL $229,300.00 -4- ESTIMATES Urban Section Additional Items - • Contract Item Quantity Unit Unit Price Total Curb & Gutter 5,486 L.F. $ 4.50 $24, 690.00 18" RCP 72 L.F. 25.00 1, 800.00 30" RCP 1,950 L.F. 30.00 58, 500.00 Std. Manhole 7 Ea. 900.00 6, 300.00 Std. Inlet 6 Ea. 1, 000.00 6, 000.00 Total Additional Items $97, 290.00 Omitted Items - Culverts $23,409.00 Riprap 7, 600.00 Timber Retaining Wall 8, 120.00 Total Omitted Items $39, 129.00 Additional Items $ 97,290 Less Omitted Items 39, 129 Subtotal $ 58, 161 10% Construction Cost 5, 816 Subtotal $ 63,977 25% Eng. Legal Fiscal 15, 993 Subtotal $ 79,970 Rural Section $229,300 TOTAL $309,270 -5- ASSESSMENT COMPUTATION Total Cost Rural Section $229, 300.00 Total Cost Urban Section $309,270.00 Front Footage - Alternate I No assessment to corner lots 3, 828.89 Front Feet Alternate II 100 foot credit to corner lots 4, 175. 73 Front Feet Alternate I Assessment Rate $229, 300.00 .88681/F.F, Rural Section 59 3, 828.89 Front Feet $ Urban Section $309, 270. 00 _ $80. 77276/F.F. • 3,828.89 Front Feet Alternate II Assessment Rate Rural Section $229, 300. 00 $54.91255/F.F. 4, 175. 73 Front Feet Urban Section $309, 270.00 = $74. 06370/F.F. 4, 175.73 Front Feet -6- - N co in co M - O N N N co M M co co in .• .,i N . • r r co to 1� O a) 4'• in N O) in to CO in N N to CO tr) f0 N �' O N CO N N CO CO CD CD M .-- C C M O .- N en in N co00 n CO CD CO Zi . . O a0+ N N N 01 in CD to CO N CO Cr) O r N CO M • N N N Cr) r r r H < U LL! . (i) , Z co r Ti) to r M r r Q 0 .- 0) r CO N N in if) iD in 4.' I • • . 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U c0 c0 cO c0 C 0 0_ v U C U % S. L S. •O O O - +-, +. +d N -C - i —C W .� _.C ntotou a) +. iN _ n a oo Nv " a) � • a Q aC cO O 0 O Q "0 fly O 4- a CO C — — — — VI O C co ++ 03 c + O O + NN Q 0 d O E OOO . + _ _ — O Z < > U < = U) F- U) > > > > ic Z -7- I .., AP POMMINIMMUIMMW N. 4 \ ' ` , 0 40 01'lit N • $C'LE: I"_ I P ' - - . 3 . Pi P. • UTE )1 MU t ,,--"' mot rt , =r-.nis t ii ra � ,,kie /: ,„ :fort 1 st4 LATERAL ASSESSMENT ARIA "' \'-- / 'Ill .. PROPOSED: 0 LATERAL STORM SEWER v ASSESSMENT AREA 9 ......,. 5/11/79 • IN PREPARED BY: t SUBURBAN ENGINEERING INC. _a COUNTY ROAD 13 . r A. ve b r Q ,w 'rs oo Q - le :46''' -.- es nA0N -----__ 4'dQf10,j I i ta b , _..a INDUSTRIAL CIRCLE SOUTR A.• ea de le al am ,S 4.1 vs 1 ..--- SOu ' c ' tqao or/ca ea np C i S. Ji ♦ .•:.i a ryw 1 CO 111 n_4 ' ;r.„ .y tr - z a w,4 era esw y co t .........."-...........<--.........' tri.4'',.. ' 0 etc 4 42 I6 , ......"....../.41 .--. li ,4 H 11 OW E f r.. .. 4' -'t:r r.(- OM ill o. • • PO• M Cl +, 1 b A '9 R i A '' 'p , ' ..'••y, i • _ m .... V w BF. , C vai Co, ... Ta ,....‘14^u aMr .e.,-,. k1 2 ( 7 m d° 1 co 2. #'1i' * 14 2 1 r 014 w asq , To: City. of Shakopee Re: Valley Industrial Boulevard South May 11, 1979 Page 3 of 3 r Y RECOMMENDATIONS The project is feasible and recommended for construction as described herein with the drainage facilities included. The project cost for street construction is estimated to be $45,400.00. and for lateral storm sewers , $91,590.00. A detailed estimate is contained Ileo w Lh, ASSESSMENTS The project Street costs ire proposed to he n'isc" ';(`(I in t.hp abutting property owners on the basis of the adjusted front foot method. The estimated assessment rate is $8.50/Front Ft. The lateral storm sewer costs are proposed to be 100% assessed against the benefited properties on the basis of an "area" method. The estimated assessment rate is $.O37/S.F. i PRELIMINARY ESTIMATE CITY OF SHAKOPEE 1979 IMPROVEMENTS R 1 PROJECT - Valley Industrial Boulevard South PROJECT DESCRIPTION - Bituminous Surfacing & Storm Sewer Construction PROJECT LENGTH - 2750 L.F. v v (o ���'�'' �'",{. - - ` , ! PROJECT PAVEMENT AREA - 5500 S.Y. STREET CONSTRUCTION ITEM QUANTITY UNIT COST COST Subgrade Correction LumpSum $1500 $ 1500.00 22" Bituminous Surface 1875 Ton $16.00/Ton $30000.00 3" Aggregate Shoulder 320 Ton $ 4.75/Ton $ 1520.00 OAii,'i .Of) 10% Cont. 3300.00 Total Est. Const. Cost $36320.00 25% Adm. Eng. & Misc. $ 9080.00 ' Total Est. Proj. Cost $45400.00 Assessable Footage 5340 L.F. Assessment Rate $8.50/Front Ft. Ea/Lam LATERAL 27" RCP 1500 L.F. $ 27.00/L.F. $40500.00 30" RCP 450 L.F. $ 30.00/L.F. $13500.00 STD Manhole 7 EA.. $900.00/EA. $ 6300.00 38 x '24 RCP Culvert 80 L.F. $ 40.00/L.F. $ 3200.00 Aprons 4 A. Seeding .6 $ 1600.00 .r, AC 4?000. AC / 9, 1000.00 Sodding 00 200 SY $ 1.50/SY $ AOO.O0 Road Restoration 60 SY $ 3.5C/SY $ 210.00 $66610.00 10% Cont. 6660.00 Total Est. Corst. Cost $73270.DO 25% Adm. Eng. & Misc. $18320.00 Assessable Area 57.4 AC Total Est. Proj. Cost $91590.00 Assessment Rate $.037/S.F C.) 0 1 ' / , J • .. `` r o •,:,:,.,, LI r /tv $r F «I H } J o - 1C u O p� I Z N r I g 3 a r < < W CL r 1 a V. R o r I . o „.• G L — L , r >. NE W rr @ 5 ; 1 N W r 7'>' ir N r O W r O O •1 /1r *r I .` ` N `" le Peel IN. I : W n I es__ O ISS y -J \ X- O • W N R r E r .,r :r IIiee II . I I I r • I .n I a iht I \ • 11110$ 1121113 111II11101Ni /11; • fr I u W N . e I o ' 11 17, /... / 1 ° cit Cron AIN 3 APPENDIX II Main Office 571.6066 F ` ` UBURRAN 6875 Highway No. 65 N. F. NoINtKeRlNai INC. _ Mhlnri,10)ti•:, Minim at 'OA -- __-- -_ South Ottlr r, 890.6510 Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 May 11, 1979 REPORT To: City of Shakopee, Minnesota From: Suburban Engineering, Inc. , William E. Price Subject: 1979 Improvements-Valley Industrial Boulevard South Pursuant to the City's request, we have examined the proposed Ir,iilrovement. of Valley Induct,rinl Boulevard South, ea..tor ly of Co. Rd. 83. The improvement includes bituminous surfacing over existing gravel and bituminous base together with construction of drainage facilities and shouldering and other miscellaneous work. STREET CONSTRUCTION The street surfacing work will complete the wearing course construction from Valley Park Drive to Co. Rd. 83. Paving the easterly portion, from Valley Park Drive to the west property line of Toro Company, was completed in 1975. The proposed project will include paving of the westerly 2750 feet to Co. R. 83. The proposed street construction work will include repair of existing base and roadway where necessary, minor shaping to provide for 36 feet of surfacing and 3 foot gravel shoulders as well as <.unstruction of a 21, inch bituminous wearing coarse. DRAINAGE Drainage of the present roadway is by roadside ditch to culverts in two locattuns. I rum the culverts, drainage waters flow northerly across to private property generally towa'i.d culverts under T. H. 101. Itfo rr ,tluuh Jh•k h:ny /•.' A. llnlhhnn, Ilry. Soni. Wm. k, Prine, R.M, /f,nit IJnry I/, l/nrrlr, llep,,Veru. !opt or.1 Mullnnrrr Il.•g !••fly II„ F' ,Mn.rn, fJry h'ny Won A' Alm V.11 llry. knit II Will/nm /Inger', flag Mora lir rine A. Irnlrrrun, Hag Eno To: City of Shakopee Re: Valley Industrial Boulevard South May 11, 1979 Page 2 of 3 In connection with proposed platting and development alone the south side of Valley Industrial Blve. So. , the developer is preparing overall plans for controlling and managing storm water runoff. Those • plans are currently being prepared and final plans for the proposed street project should consider the developer's drainage plans. On a preliminary review basis, the overall plans will be based on a system of detention ponds and interconnecting pipes and drainageway to control the rates of flow. It appears that all proposed facilities can be constructed on property owned by the developer. the property along the south side or Valley Industrial Blvd. )co. naturally slopes toward the Street. Under final development conditions , a substantial rate of runoff can be expected to drain onto the street. Siwce the road grades are more than minimum, it can not be expected to convey storm water in conventional roadside ditches. Therefore, it is proposed that the street surfacing project include the construction of a storm sewer lateral system along the south ditch line of Valley Industrial Blvd. So. . The system would discharge to the detention ponds proposed by the developer. A preliminary layout of the drainage plan is included herewith. f .i MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE : Establishing A New Time for Council Meetings DATE : January 26 , '1982 Background : At its regular meeting on January 19th, City Council directed staff to prepare an ordinance amending the City Code , setting the time for commencement of Council meetings . Action Requested : Offer Ordinance No . 84, 4th Series , Amending the City Code, and move its adoption. jc g ORDINANCE NO. 84, 4th SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE CITY CODE, CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY CHANGING THE TIME FOR CONDUCTING REGULAR COUNCIL MEETINGS : AND BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 2 . 99 WHICH, AMONG OTHER, THTNGS , CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 . Shakopee City Code , Section 2 . 02 is hereby amended to read : SFC . 2 . 02 . COUNCII. MEETINGS . Regular meetings of the Council shall be held in the Council Chambers on the first Tuesday of each month at 7 : 00 o ' clock P.M. Provided, however , that if any regular meeting shall fall on a legal holiday, the meeting shall be held on the next business day. Section 2 . Shakopee City Code , Chapter 1 entitled "General Pro- visions and Definitions 'Applicable to the Entire City Code Including Penalty for Violation" and Sec . 2 . 99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference , as though repeated verbatim herein. Section 3 . After adoption, signing and attestation, this Ordi- nance shall be published once in she official newspaper of the City and shall be in effect on and after March 1 , 1982 . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of February, 1982 . Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of February, 1982 City Attorney MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Shakopee Women' s Correctional Facility DATE: January 22 , 1982 Introduction On Tuesday, January 19 , 1982 , the Mayor and I attended a State Legislative Committee meeting and tour of the Shakopee Women ' s Correctional Facility. The purpose of the tour, along with a subsequent Committee tour of the vacant Rochester State Hospital , was for the Committee to get a first hand look at two of the best alternatives for solving the problem of inadequate correctional facilities , i .e . need for new facilities in Shakopee or a move to Rochester ' s existing facilities . Background In February of 1980 the City testified before the same Committee stating that we did not want the State to ignor the need to improve the facilities in Shakopee ; and, that we did not want them to move the facilties to a new community. Decision Questions 1 . Does the City need/want a large non-taxpaying State institution of this sort in the City. 2 . How does the community and surrounding neighborhood feel about the institution. 3 . Are the sixty plus jobs at the institution an important element of the community ' s work force. Recommendation Both the Mayor and I believe that the City' s position is the same today as it was in February of 1980, and that it would be appropriate to reaffirm that position by Resolution. Rochester, we have been told, gave the Committee the full red carpet treatment when they toured the hospital this week. Action Requested Approve Resolution No. 1975 , A Resolution Supporting The Continued Location of the Minnesota Correctional Facility in Shakopee, and forward it to the appropriate committee( s ) . JKA/jms RESOLUTION NO. 1975 A RESOLUTION SUPPORTING THE CONTINUED LOCATION OF THE MINNESOTA CORRECTIONAL FACILITY IN SHAKOPEE WHEREAS , since 1923 , when the present facility was constructed in Shakopee , the Shakopee community and the Minnesota Correctional Facility at Shakopee have co-existed as good neighbors with a minimum of problems , and WHEREAS , the property values in the immediate surrounding areas have not been affected and the attitude of most Shakopee residents has been positive for the facility, and WHEREAS, we are concerned that adequate measures are taken to minimize the risk of escape and thus the risk of injury to local residents through the appropriation of funds to either bring the existing facility up to the required standards in all areas or to replace the facility with one that will meet the needs of the State of Minnesota in an appropriate manner, and WHEREAS , the physical location of the facility near Hennepin and Ramsey Counties is important to the continuation of valuable family visitation opportunities for the women at the facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that 1 . The State appropriate the funds needed to address the needs of the facility or replace it . 2 . The City of Shakopee stands willing to work with the State in the planning process and in fact , requests that the City be kept informed and involved in the decision-making process . 3 . The City of Shakopee is inviting the State to remain in Shakopee as long as it provides a facility which is adequate to insure the welfare of the facility' s popula- tion and the citizens of Shakopee . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1982 . Mayor oT--the City of Shakopee ATTEST: City Clerk Approved as to form this QJ MEMO TO : John Anderson City Administrator FROM: Don Steger City Planner RE: Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System DATE: January 29, 1982 Background : Several weeks ago, the City Council set a public hearing for February 2 , 1982 to consider adopting, by reference, the Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System. The Metropolitan Waste Control Commission (MWCC) requested the City adopt these rules and regulations as part of their review and approval of Shakopee ' s Comprehensive Plan. The rules and regulations are slightly in conflict with the City ' s existing scavenger ordinance which regulates the disposal of septage within Shakopee. The attached memo, written by the City Engineer, addresses this matter. Requested Action: 1. Address the scavenger ordinance issues . 2. Adopt an ordinance which adopts , by reference, the Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System. DS/jiw Attachment 4/ 0_�' MEMO TO : John K . Anderson City Administrator FROM : H . R. Spurrier �• City Engineer RE : Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System DATE : January 29, 1982 Introduction: The City of Shakopee will, in all likelihood, adopt the above-referenced rules and regulations. These rules are in conflict with present City Code, as they pertain to scavengers. background: The proposed rules are in conflict with City Code because the City does not require permits from persons collecting and disposing of waste from septic tanks or other similar facilities in the City's disposal system. The City has two alternatives : 1. Permit the discharge or disposing of waste from septic tanks or other similar facilities in the City of Shakopee's disposal system and initiate a licensing or permit system. 2. City of Shakopee may prohibit the discharge or disposal of waste from septic tanks or other similar facilities into the City's disposal system. When the ordinance that pertains to scavengers was adopted, it was staff recommendation that the City not permit the disposal of waste from septic tanks or other similar facilities into the City's system for several reasons. Among the reasons, was that there was no appropriate dump station that could be properly monitored by City forces and the only appropriate area to discharge or dispose of the waste from septic tanks or other similar facilities was in the Industrial Park and there were no mains in the Industrial Park, on the City's system, that could be safely used by scavengers. The discharge of waste from septic tanks and other similar facilities was discouraged by staff because of the large volume of sediment, grit and deleterious material ordinarily contained in waste from septic tanks or other similar facilities. John K. Anderson January 29, 1982 Sewage & Waste Control Page Since the scavenger ordinance was enacted in 1979, there have been two loads of waste from septic tanks in the City of Shakopee. One reason for providing the dump facilities was because there was perceived a great demand for a dump station in the City of Shakopee. Two loads in three years, does not pay the cost of the original analysis. In order to establish a permit system, it is estimated City staff will spend approximately $700 in that cost and printing costs. The estimated revenues, based on past experience, is approximately $10 per year. If the fees for disposal of waste from septic tanks or other similar facilities were user based, the cost of disposing that waste would be so high, it is doubtful that the City facilities would be used. It is the recommendation of City staff that City Council direct staff to prepare an ordinance amending Ordinance No. 16, Fourth Series, such that it is prohibited to discharge or dispose of waste from septic tanks or other similar facilities into the City of Shakopee's collection system. Recommendation : Direct City staff to prepare an ordinance amending Ordinance No. 16, Fourth Series, prohibiting the discharge or disposal of waste from septic tanks or other similar facilities into the City of Shakopee's collection system. Table action on adopting sewage and waste control rules and regulations for the Metrcpolitan Disposal System. HRS/jiw Attachment ORDINANCE NO. Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE SHAKOPEE CITY CODE, CHAPTER 3, ENTTTLED " MUNICIPAL AND PUBLIC UTILITES - RULES AND REGULATIONS, FRANCHISES AND RATES"13Y ADDING THERETO A NEW SECTION, 3.11 ADOPTING BY REFERENCE SEWAGE AND WASTE CONTROL RULES AND REGULATIONS FOR THE METROPOLITAN DISPOSAL SYSTEM AS ADOPTED BY THE METROPOLITAN SEWER BOARD AND DATED DECEMBER 1, 1971 AND BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE, CHAPTER 1. THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Sewage and Waste Control Rules and Regulations for the Metropolitan Sewer_Board Adopted i Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System as adopted December 1, 1971, by the Metropolitan Sewer Board pursuant to statutory authority are hereby adopted by reference as though repeated verbatim herein. SECTION II_ Provisions of City Code Adopted The Shakopee City Code, Chapter 1, entitled "General Provisions and Definitions applicable to the entire City Code including penalty provisions" is hereby adopted insofar as the same do not conflict with therules and regulations adopted by the Metropolitan Sewer Board. SECTION III: When in Force This Ordinance shall be published once in the official newspaper of the City of Shakopee and it shall be in full force and effect on and after the date of such publication. Adopted by the City Council of the City of Shakopee, Minnesota, this day of -------__, 1982. ------- Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 18thay of Januar, 1982. j MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Administrative Assistant RE: Deferred Compensation Programs DATE: January 27 , 1982 Introduction The City of Shakopee currently participates in a deferred compensa- tion plan sponsored by IDS ( Investors Diversified Services ) . Interest in participating in an additional plan has recently been expressed at the staff level . Background Since (approximately) 1972 federal legislation has provided for govern- ment employers to administer deferred compensation programs for their employees . In 1974 the City of Shakopee adopted a plan administered by IDS which is still in effect . Participation in this program has fluctuated; at this time one City employee is participating. Relating to the current flurry of interest in IRAs ( Individual Retire- ment Accounts ) renewed interest in deferred compensation has recently been expressed by some City employees . Interest has focused on two plans operated by non-profit organizations which differ somewhat from the IDS program. These programs are offered by the ICMA ( International City Management Association) Retirement Corporation and the U. S . Conference of Mayors . To provide an overview of how deferred compensation programs vary, a copy of a survey conducted by Assistant Administrator Jim Sulerud for Scott County in November of 1980 is attached. ( In this survey PEBSCO is the U.S . Conference of Mayors Program. ) In addition to those surveyed, there are numerous other private programs and the Minnesota Retirement Association also sponsors a deferred compensation program. The purpose of this memo is to request City Council support for City participation in at least one and perhaps two deferred compensation programs in addition to the IDS program already available. Depending on the extent of City Council interest in this decision-making process , presentations by the alternative programs can be made at a Council meeting with Councilmembers active in the selection, or selection of programs can be left to a poll of interested staff members , with Council providing tentative approval to implement the preferred pro- grams . Alternately the Council could go on record against adopting additional programs , although State statutes suggest that employees have the right to participate in the plan of their choice . Requested Action Discussion by City Council of interest in providing additional deferred compensation programs for City employees and agreement as to whether further action on selection of programs should be taken at the City Council or staff level . JA/jms (2) o-r SCOTT COUNTY DEFERRED COMPENSATION QUESTIONNAIRE SUMMARY OF RESPONSES 1. How long have you provided deferred compensation programs to public employees? RESPONDENT RESPONSE Great-West Life "Great-West Life has been active in nearly all segments of public employee retirement planning since 1953 with 5% of the national market but refrained from Public Employee Deferred Compensation until 1978. Clarification of the technical operation of such plans through the Tax Reform Act of 1978 established deferred compensation for public employees on a permanent footing. Since then Great-West has been committed to become preeminent in the deferred compensation market." ICMA Retirement Corporation "The Retirement Corporation has offered a deferred compensa- tion ompensation plan since late 1972. We offered the first such plan and are pioneers in this type of program for public employers. • In 1972, Charlottesville, Virginia, was the first local government enrolled in RC. Presently, over 1,000 local governments participate in ICMA-RC. For a listing as of December 31, 1979, see pages 41 - 44 of the Annual Report." Investors Diversified Services "I.D.S. has been active in all areas of retirement planning and has provided products for that market ever since the various pieces of legislation that has made them available has been in existence. Specifically, we have been active in providing service in the deferred compensation area for county, city, and state employees from its beginning in 1971." PEBSCO "I have provided deferred compensation programs to public employees since 1974." • Transamerica Life "Transamerica Life is one of the first all pension insurance companies. We have been offering non-qualified deferred compensation plans for over five years. " 2. What costs can participants expect in terms of front end loads? Great-West Life "None. Participants' deposits are guaranteed 100%." ICMA Retirement Corporation "RC has two fees: an administrative fee and a management fee. All costs involved in administration of the Retirement Corporation are paid from these fees. The administrative fee is a one-time charge of 1.5 17. percent on all contributions when they are received. This fee was reduced from 3 percent in 1979. The Annual Management Fee is charged against the total fund, prorated monthly. On the Balanced, Bond, and f� Government Securities Funds, this fee is.l_percent. For , the Guaranteed Interest Fund, the fee is--0.Z percent however, this fee does not effect the guaranteed return." Y C� I Summary of Responses L. r Page 2 Table A ortunities) "Products - (Ran a of Investment O Investors Diversified Services (Fixed or Variable) A A. Combination annuity ( (Money B. I.D.S. Cash Management Fund (' erste Market)etds) - �� Yield Corp orate Bonds) ktifer C. I.D.S. Bond Fund (High Grade Corp Donds),�y�`�` D. I.D.S. Selective Fund (High - Stocks & o° Investors Mutual Fund (Balanced Fund F E. - Balanced Common Stock �� G. Investors VariesStock le Fund - Specialty Fund G. Investors Variable P H. I.D.S. New Dimensions Fund Growth I. I.D.S. Growth Fund I.D.S. Progressive Fund Funds J. ht Annuity (Lump Sun) High Yield LForesight Certificate L,. FaceesAmount ` •�"` Table B Costs- Withdrawal Management With ra a Front End Fees Broke Fees -------- - 4 of 1% _0- A. 5_3/4% of 10,000 +, _0- 4% of 40,000 .3 _ .5 of l% C. 3.5% �� -� 1 to 7% „ -0- E. -0- G. D_ F. 1 to 8% '' n " —0— F. H. r r 0 • H. n e '�— I.. 0- J. -0-- -0- ' -** R.. 2% -0- 0- L. * of variable account -0- of fixed accountof any amount withdrawn in first ** 2 - 7q, penalty five years (in excess of 10%)" can expect in terms of front end "The cost participants in fixed accounts." frtd loads are no loads to participants PEBSCO and an • premium payment chargewithdrawal/ "There is a $1.00 modal p charge. The early' are applicable to each policy as follows: annual $17.00 accounting First $7,500 Transamerica Life Excess of surrender chargesAmount With- During500 of Total of Total Amo Life of First Withdrawn$7During Drawn During Surrenderpolic Amount 1221i5.72221: Life of Polic�_� 8% 13% 7% 2 12% 6% 2 11% 5% 3 10% 5% 5 4 9% 5% 6 S% 5% 7% 5% 7 6% 5% 8 5% Ze5% 9 or later Zero ro 10 and age 5914 THESE CHARGES WILL BE WAIVED UPON ANNUITIZATION OR DEATH Applicable premium taxes, if any, will be deducted upon the effecting of an annuity. There are no other charges." 0 0 Summary of Responses Page 3 3. What costs can participants expect in terms of management fees? Great-West Life "$2.00/month plus 1/16th of 1% (.000625) of the • minimum retirement annuity value per month. Charges are guaranteed year to year, current charges have been. in effect since 1977." ICMA Retirement Corporation same as response to #2 Investors Diversified Services same as response to #2 PEBSCO "The cost participants can expect in terms of management fees are no management fees in fixed accounts." Transamerica Life "None" 4. What costs can participants expect in terms of withdrawal penalties? Great-West Life "If benefits are elected to be received in a lump sum, the guaranteed lump sum payment is: 94% of the Retirement Annuity Value if a person has participated for less than 5 years. 95% of the Retirement Annuity Value if a person has participated for at least 5 years. 56% of the Retirement Annuity Value if a perscn has participated for at least 10 years. Lump sum distributions will never be less than 100% of participant's contributions." ICMA Retirement Corporation "RC does not charge for early withdrawal, or for retirement benefit payments." Investors Diversified Services same as response to #2 PERSCO "The cost participants can expect in terms of withdrawal penalties are no cost or penalties if monies are pulled out over 36 months or more: 4% on lump sum distribution." Transamerica Life "Please refer to Question 2." 5. What can participants expect in terms of minimum monthly and maximum yearly investment? Great-West Life "Normal minimum contributions are $25/month with maximum monthly and yearly contributions not to exceed those defined by law; i.e. 25% of gross compensation (or an equivalent of 33-1/3% of net compensation) or $7,500 annually. The above formula may be waived by a limited "catch-up" provision effective within three years of retirement. Then she maximum will be $15,000." ICMA Retirement Corporation "RC does not require a minimum investment; however, the employer may elect to make some restriction. Maximum annual investments for all deferred compensation plans are governed by Section 457 of the Internal Revenue Code. Each participant may defer the lesser of 25 percent of total compensation or $7,500." Investors Diversified Services Minimums Monthly (see Table A, #2) A-D-E-F-G-H-I B = $125 C = $ 50 Maximum Annually(see Table A, #2) All - A-J = $7,500 K & L are one time transfer from other products K - Minimum 5,000 ; L - Minimum 1,000 (✓' / ,t Summary of Responses Page 4 "Participants can expect in terms of minimum monthly PEBSCO and maximum yearly investments are $10.00 per pay period/ minimum=not tc exceed 25% of gross income or $7,500 whichever is less." Transamerica Life "The contract has a minimum deposit requirement of $50.00 per month or $600.00 per year. The contract does not have a maximum deposit requirement, however, the partici- pant should not exceed the maximum contribution for Deferred Compensation Plans of 25% of salary up to $7,500." 6. With what frequency can investment options or amounts be changed? Great-West Life "Investment options cannot be changed. The Great-West contract is a fixed investment product. The amounts deposited can be changed or. a monthly basis, not to exceed the annual maximums as outlined above." a ICMA Retirement Corporation "RC does not restrict changes in either amounts deferred or in the choice of investment options. However, changes in investment options must be prospective; the Retirement Corporation's IRS ruling prohibits transfers to{ of past contributions among funding media." r,,, Investors Diversified Services "Investment options can be changed monthly." PEBSCO "Investments options or amounts can be changed twice a year." Transamerica Life "This questionnaire is based on Transamerica Life's xed dollar product, the Flexible Premium Annuity Contract. A fixed rate of interest is credited to individual participant accounts. Our current interest rate is 11% and is credited using the modified new money method. Transamerica Life is constantly examining the investments that are available to us in order to credit the highest possible interest. A participant may stop or start, increase or decrease deposits at any time without penalty." 7. What are the range of available investment options? Great-West Life "This is a fixed retirement annuity contract." ICMA Retirement Corporation RC has four investment options open to all participants. Taken together, these options allow an employee to participate in the four major investment categories eategories considered prudent for retirement planning. T are equities (stocks), corporate bonds, government reca securities, and guaranteed investment contracts. They are offered through the four funds described below. The Balanced Fund: This fund is oriented toward equities, however, due to the very high volatility of return in equity investment, the fund is balanced with corporate bonds and government securities. Its long-term objective is to provide a return, over two-to-three market cycles, in an average amount to exceed inflation by 4 percent. The Bond Fund: This fund is restricted to investments in corporate and government-backed debt securities (generally referred to as bonds). Over two market cycles this fund will return an average yearly rate of 1 percent above inflation. The Bond Fund is designed to provide a more stable annual rate of return than would be possible with Summary of Responses Page 5 equity investments; it is not likely that long-term • returns would equal those of the Balanced Fund. The Government Securities Fund: This fund was originally established for those local governments whose investments were limited in whole or part to securities underwritten by the federal government or its agencies. It was made available for all participants during 1979. The Govern- ment Securities Fund will provide an annual rate of return equal to the rate of inflation over a market cycle. Since it does not invest in higher earning corporate securities, its long-term return is not likely to equal that of the Bond Fund. The Guaranteed Interest Fund: Established in 1979, the Guaranteed Interest Fund offers a guaranteed rate of return for a specified period of time. The return is underwritten by guaranteed insurance contracts and similar types of securities. On June 1, 1980, the guaranteed rate was increased from 8.5% to 9.5% through 1981. As a general principal, guarantees cost money, and participants should not expect that performance, over the long-term, would exceed that of the Balanced and Bond Funds. Nevertheless, some employees feel more comfortable when they do not experience the market value adjustment inherent in the other funds." Investors Diversified Services same as response #2, Table A PEBSCO "The range of available investment options are 8 options- Differow Mutual Funds." Transamerica Life "Transamerica Life offers the Flexible Premium Annuity Contract only." 8. Might these change over the years? Great-West Life "No." ICMA Retirement Corporation "Because RC'believes the four investment options represent the major types of investments considered prudent for retirement planning, it is unlikely that any of the four will change significantly. RC's Board of Directors reviews these funds in depth on a regular basis to insure they maintain the highest available investment potential. However, the Board also continually seeks to respond to participant needs, and can make changes in the investment options based on this factor. For example, in 1979 the Board added the Guaranteed Interest Fund in order to provide RC participants with a low risk investment option not affected by market value adjust- ments." Investors Diversified Services "Investment options may change over the years if and when additional investment products are developed or become _ eligible for use in Deferred Compensation Plans." • PEBSCO "Yes, these may change over the years." Transamerica Life "Not applicable." 9. What is the performance of each option? Great-West Life "Great-West Life is corporately committed to the public employee deferred compensation market. Past performance shows the guaranteed interest rates as follows: Summary of Responses Page 6 Year Amounts Deferred Guaranteed are received Interest 1977 8.75 1978 8.80 1979 9.25 1980 13.00 It is safe to assume that Great-West Life will constantly monitor our fixed deferred compensation product, so we may continue to offer the highest net rate on investment." ICMA Retirement Corporation "RC's performance indices shows the growth of $100 from 1974 through 1979 as follows: 1975 1976 1976* 1977 1978 1979 Balanced Fund 4.23 14.31 9.73 -2.61 4.07 17.50 Bond Fund 4.42 9.39 5.07 3.56 2.98 6.37 Governments Sec. Fund 4.41 6.05 11.35 1.55 3.87 6.73 * 10-month period ending December 31, 1976, which -represents change in Fiscal Year from-February 28 to December 31." Investors Diversified Services "Performance --" PEBSCO "The performance of each option is N/A at present time." Transamerica Life "Not applicable." • 10. What settlement options are available? Great-West Life "Full range of standard settlement options are available with some of the highest annuity rates in the marketplace today." ICMA Retirement Corporation "Benefit payments and early withdrawals for all Section 457 Deferred Compensation Plans are governed by federal law and limited to retirement, disability, termination, and unforeseeable emergency. RC does-not charge a fee or assess a penalty for any type of disbursement; the total value of the account, including earnings, is paid to the participant. In addition, funds remaining in the account continue to accrue investment earnings. The following table describes the available payout options." Terminations: Participants may either withdraw the account balance in a lump sum or leave it with RC to be invested until retirement. Unforeseeable Participant may withdraw a Emergency: lump sum in an amount to cover the cost of the emergency. Retirement/ Participants may withdraw Disability: benefits in these cases according to any schedule they choose. Options include but are not limited to the following: one- time lump sum; specified amount on a regular basis until account is exhausted; over a specified number of years in monthly, quarterly, semi-annual, or annual payments, through the purchase by RC of a single premium annuity:' Summary of Responses Page 7 Investors Diversified Services "Settlement Options Annuities - 1. Monthly income 2. Quarterly, Semi-annual, or Annual 3. Periodic withdrawal (irregular) Funds - 1. Monthly withdrawal 2. Interest/Divident payment 3. Periodic withdrawals 4. Any combination of more than one of the above Certificate - 1. Interest only 2. Principal & interest 3. Any combination over a specified period of time" PEBSCO "Virtually any settlement options are available." Transamerica Life "The Flexible Premium Annuity Contract offers the following annuity options: Life Annuity Period Certain and Life Annuity Joint and Last Survivor Annuity Single Sum Payment Any annuity form or ether optional method of payment pro- vided by the Company which is not described above may be elected, subject to agreement by the Company and subject further to any applicable law or governmental rule or • regulation." 11. How will participant accounts be solicited and serviced? Great-West Life "As servicing agent, it will be my responsibility to oversee all aspects of Scott County's deferred compensa- - tion program with Great-West Life. My responsibilities will include coordination of an organized, effective • enrollment procedure following guidelines established by the State of Minnesota for its own plan. Also, I will act' on behalf of Scott County in obtaining any data required to maintain a high level of communication. I will be available to help individual participants obtain necessary information and to answer any questions concern- ing their individual accounts." ICMA Retirement Corporation "Initial communication of the RC plan to employees would involve an announcement of the plan's availability in the form of a memo from the appropriate official accompanied by a descriptive brochure. The memo, drafted by RC for the approval of the city, would announce a schedule of meetings in which a representative of RC • would meet with groups of employees to provide them with specific and personalized information. After enrollment, participants will receive free of charge RC Notes, a quarterly newsletter, which will keep participants up to date on their deferred compensation plan. In addition, all participants receive a copy of the corporate Annual Report. RC employees would be available to enroll participants in the initial stages. Re-enrollment can be handled similarly, however, RC offers a brief slide/tape presentation designed to orient employees to the RC plan. Additionally, RC's forms and materials are designed to permit 0 Summary of Responses • ,Page 8 easy enrollment or amendments at any time without first meeting with a representative. RC maintains a toll-free number to its home office for employee assistance." • Investors Diversified Services "A. At County's direction B. Department meetings C. At individual homes" PEBSCO "Participants accounts will be solicited and serviced by group meetings and individual personalized meetings." Transamerica Life "Employee meetings should be held to explain the Deferred Compensation Program and to distribute literature. Repre- sentatives will be available to answer questions from the group, to meet individually with employees and to enroll those who are interested. After the initial meeting, our representatives will be available on a year round basis for follow-up meetings, individual counseling, and whatever assistance is necessary." 12. What immediate or periodic account status reports are available to participants? Great-West Life "Participants will receive an annual statement which illustrates: 1. Total deferrals received in the calendar year 2. Interest credited 3. Expenses deducted 4. Withdrawals, if any 5. Retirement Annuity Value as of the statement date 6. Projections of prospective monthly income amounts at selected retirement age, based on the current declared rate" ; ICMA Retirement Corporation "RC automatically provides annual statements to participants within 30 days of the end of the year. The employer consolidated statement is provided similarly. The corporation's policyis to i'P provide any additional statements at any time upon receipt of a written request. An appro- priate reporting schedule to meet the needs of the City would be developed in consultation with the Program Coordinator." Investors Diversified Services "Participants will receive monthly, quarterly, and annual statements." "The immediate or periodic account status reports are available to participants are yearly written reports or toll-free number." Transamerica Life "Transamerica Life will provide each participant with a statement of his account twice each year, one for the period from January through June and one for the period from July through December. The statements will be mailed within 45 days after the end of the period." 13. What liability does the County assume? Great-West Life "The County assumes the responsibility of: 1. Drafting a Plan Document 2. Administering the Plan 3. Interpreting the provisions of the plan, and 4. Transmitting funds to Great-West Life for those individuals who wish to participate in the plan." . ? ! Summary of Responses Page 9 ICMA Retirement Corporation "Under the Mast Trust Agreement, the County would be help harmless due to any negligence by the Corporation." Investors Diversified Services "The County assumes only the liability (responsibility) of collecting, withholding and forwarding of the individual participant's payments to I.D.S." PEBSCO "The county assumes none of the liability--NACo assumes liabili- ty." Transamerica Life "The liability the County would assume in establishing a Deferred Compensation Plan for its employees should be dis- cussed with the County's counsel." 14. Who will review hardship withdrawal claims? Great-West Life "The County will establish.its own board, for purposes of Administration. One of the responsibilities of the board will be to review hardship claims, and apply them to the definition of Sec 457 of the IRS Code." ICMA Retirement Corporation "RC will review hardship requests for compliance with federal law, and, upon the employer's request, will refer the question to our General Counsel. However, the final decision rests with the County." Investors Diversified Services "The County appoints a Deferred Compensation Committee to review hardship cases." PEBSCO "NACO/PEBSLO combination will review hardship withdrawal claims."' Transamerica Life "The County should set up a committee to review hardship withdrawal claims." JMS:aem , 11/12/80 c MEMO TO : John K . Anderson City Administrator — ( FROM : H . R . Spurrier, r City Engineer - RE : VIP Interceptor Sewer DATE : January 29, 1982 Introduction: Attached, or on the table, will be an agreement between the City and CertainTeed Corporation for electrical service to the City of Shakopee meter station located on CertainTeed's property. Background : The City of Shakopee had three alternative methods for serving the proposed meter station with electrical service: 1. Extend electric service from 4th Avenue, approximately one-half mile; 2. Install solar or wind powered generators; 3. Extend wiring approximately 100 feet to a CertainTeed outlet. In analyzing the three alternatives, it was by far less expensive to connect to the CertainTeed electrical panel. The agreement has been drafted by the City Attorney, reviewed by Certain- Teed Corporation and has been returned to the City with minor revisions, which the City Attorney reviewed and approved. Therefore, it is the recommendation of City staff that the appropriate City officials be directed to execute the agreement with CertainTeed Corporation for furnishing electrical power to the City of Shakopee meter station. Action Requested : Direct the appropriate City official to execute the agreement with CertainTeed Corporation for furnishing electrical power to the sewage meter station. HRSIjiw Attachments AGREEMENT BETWEEN CERTAIN-TEED CORPORATION AND THE CITY OF SHAKOPEE WHEREAS, the City of Shakopee ( "the City" ) desires electric power to operate a sewage flow metering station located on the North side of Certain-teed Corporation ' s ( "C-T" ) parcel of land in the City and C-T has agreed to furnish power for said meter station under and pursuant to certain conditions. NOW, THEREFORE, This agreement made and entered into by and between C-T, party of the first part, and the City, a municipal corporation, party of the second part, as follows : 1. The party of the first part does hereby grant and convey to the party of the second part an easement to enter upon the lands of the party of the first part at the sewage flow metering station located on the North side of C-T' s property and grants unto the party of the second part the right and permission to enter the premises in the immediate vicinity of the metering station for the purposes of this agreement. 2 . The party of the first part further agrees to furnish and sell electric energy to the City ; the amount charged on the bills shall be no more than the amount charged by the Shakopee Public Utility Commission ( " SPUC" ) for residential customers . In the event that the amount charged by the SPUC for residential customers is changed so that said amount is less than the amount charged by the SPUC for industrial customers , the City agrees that the amount charged to the City may be increased to the amount charged by the SPUC for industrial customers . In the event the annual bill exceeds $200. 00, the City shall make semi-annual payments equal to one-half the previous year ' s bill with a final adjustment at year end , based on meter readings . The City agrees that the party of the second part may , at any time, require the City to commence monthly rather than semi-annual payments. I � 3. The party of the second part agrees to install at its own expense the necessary wiring and controls for the operating of said meter station and the City will be responsible for installing a meter which will measure the amount of electricity used by the City at the flowage metering station and agrees that all electrical work required for the connection must be approved in advance of use by the party of the first part and the party of the second part must do all work in such a manner to insure that there will be no interruption to any part of the first party ' s manufacturing process. 4 . It is mutually agreed by and between the parties to this agreement that either party may terminate this agreement upon giving the other party 90 days notice and upon termination, the party of the second part shall be responsible for removing any of the electrical facilities installed outside the City right-of- way, or easement, on the property of the party of the first part, and in consideration of the foregoing the party of the second part does hereby covenant to hold the party of the first part, its agents and employees harmless from any and all damages, claims, causes of action or liabililty that might arise from installation , maintenance and operation of said metering station . It is further agreed by and between the parties hereto that this written agreement constitutes the entire agreement between the parties hereto. IN TESTIMONY WHEREOF , the parties hereto have caused this agreement to be executed in duplicate as of this day of , 1982 . 61,rrlat4441 . y CERTAIN-TEED CORP¢RATION ,io r ' By: Senior Vice President b CITY OF SHAKOPEE By: Mayor By: City Administrator By: City Clerk .. 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CHESTER On this ) 1 `'• day of rLti, �" 1982 , before me , a notary public, personally ap' eared Myron P. Simmons, to me personally known , who, being by me duly sworn did say that he is the Senior Vice President of Certain-teed Corporation, and said Myron P . Simmons acknowledged the foregoing instrument to be the free act and deed of said corporation. E tENDA ROF3INSON,NotaryPublic )(. •.',trAvn Coro,Mootgome•ry,-Co. � xpires Nov. 7, 1;$03 Notaryy Public My Commission expires , ; j; , STATE OF MINNESOTA COUNTY OF SCOTT On this day of , 1982 , before me , a notary public within and for said County personally appeared , John Anderson and Judith Cox , to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor, City Administrator and City Clerk of the City of Shakopee, the corporation named in the fore- going instrument, and that said instrument was signed in behalf of said corporation by authority of its City Council of the City of Shakopee and said , John Anderson, and Judith Cox acknowledged said instrument to be the free act and deed of said corporation. Notary Public My Commission expires 9c1 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Local Government Aid & Local Government Aid (LGA) Formula DATE: January 29 , 1982 Introduction Councilmembers are already aware of the two major issues regarding LGA and LGA Formula addressed in the communications attached from Governor Quie and the Minnesota Assoc . of Small Cities . The two communications arrived at the same time and can be addressed simul- taneously. Problems First , the Governor ' s letter addresses the problem of an unreliable Local Government Aid Program because of shortfalls in State revenue forecasting. His proposal is very similar to the League of Cities Proposal (attached to the Governor' s proposal for comparison) . Second, the current LGA Formula is grossly unfair when some cities receive $123 per capita and other as little as $10 per capita, or a $113 variance . (These are the 1980 figures included in the State Auditor ' s report we have on file - Shakopee receives $28 per capita . ) The Minnesota Association of Small Cities has been unhappy with the current LGA formula from its inception and has now broken away from the League over the issue . They have proposed a LGA formula, using the same concepts currently used in the League endorsed formula, but with key shifts in emphasis such as ( 1 ) elimination of the grand- father clause ; ( 2 ) elimination of inequity due soley to differences in funding or accounting; ( 3 ) relief for fast growing cities ; (4) and paying 50% of LGA on a straight per capita basis and 50% on a true Adjusted Equalized Mill Rate (AEMR) . (The Association' s posi- tion paper is attached with a copy of the printout showing how their formula would affect Shakopee . ) Alternatives 1 . Maintain the status quo. 2 . Support the Governor ' s proposal . 3 . Support the Association' s proposal . 4. Support both proposals . 5 . Support both proposals with some qualifications . Recommendation Staff recommends #5 for two reasons : The Governor ' s program is too specific for Shakopee to support directly; however, we can support it to the "extent that it reflects the League ' s Policy on LGA legislation". The Association' s new LGA formula does not go far enough in reducing the gap between the top city' s $183 . 70 per capita and the bottom Mayor and City Council Page 2 January 29 , 1982 city ' s $41 . 70 per capita aid ( $142 variance ) for a revenue that is collected State wide and redistributed to cities in a fashion that , by its nature , makes cities winners and losers ( i . e . net exporter or importer of tax dollars ) . This gap between the high and low city can' be further closed by changing the formula to 75% straight per capita and 257 Adjusted Equalized Mill Rate which reflects the ability to pay and tax effort . Action Requested Direct the Mayor to contact Governor Quie ' s office and/or represen- tatives stating that Shakopee : ( 1 ) Supports the Governor' s proposal for LGA funding to the extent that it fulfills the Minnesota League of Cities policy on the subject and ( 2 ) Supports the Minnesota Association of Small Cities LGA formula changes , but changes the formulas weighing from 50% per capita and 50% AEMR to 75% per capita and 25% AEMR. JKA/jms k °F Tat` ° opt STATE OF MINNESOTA �tN NEy ()FFICE OF TUE GOVERNOR ALBERT H. QUIE GOVERNOR ST. PAUL 55155 January 22, 1982 Local Government Official : You, probably more than many Minnesotans , recognize the importance of the decision I was faced with last week as I examined the $838.5 million budget bill sent to me by the DFL-controlled Legislature. It was a bad bill for many reasons. Most objectionable to me, was the fact that it raised taxes too much and cut spending too little. I had recommended and fought hard for a budget solution which would have raised taxes by half as much and cut spending by twice as much. DFL legislative leaders had made clear their intention not to send me a responsible bill . I had vetoed their first attempt on Dec. 21 . Their next proposal died in a hectic last-minute effort on New Year's Eve. And this final conference committee bill came with the warning that they would try no more to reach an acceptable solution. Had I signed the bill I would have had to place my name on a bill that I found to be a poor compromise. Had I vetoed it, you, as local government officials, would have been hit hard. Because statutes limit my authority to cut certain appropriations, local governments would have lost all State aid for the rest of the biennium--a total of $271 million for the remaining 18 months. This would have occurred in the process of "unallotment" which I would have been forced to begin to meet the constitutional obligations to balance the budget. Certainly, you know how that would have affected Minnesota citizens living in your jurisdiction. Moreover, massive unallotments, would have left you and all local government officials in the State in a terribly precarious spot. You would be in limbo, not knowing how much State aid you would be receiving. You would not be able to make good responsible local budgetary decisions. Everything I want to do in government is aimed toward giving local officials and the people they represent, more discretion. My goal is not to put you in untenable positions . Therefore, as you are well aware by now, I allowed the budget bill to become law without my signature. With this immediate budget crisis behind us, I am now eager to begin work on the passage of my legislative initiatives outlined in my State of the State Address. One of the keystones to my proposals is the development of a more responsible relationship between local and State governments. AN EQUAL OPPORTUNITY EMPLOYER • -2- Specifically, I have recommended that all State aids dispensed to local governments and schools be paid out in a shared, prorated manner based on actual State revenues. That is, if State revenues are unexpectedly low, local and school aids will fall by that sane margin, up to 5 percent of the appropriation. On the other hand, if State revenues are unexpectedly, high local and school aids will increase by the same margin, again by up to 5 percent. Under my plan, a percentage of the sales tax will be dedicated to fund local government aids. I have included a summary prepared by the Minnesota Department of Revenue, outlining how the new financing method I am recommending will work. My proposals recognize that our current property tax system is too confusing. Therefore , I have recommended a major change in the homestead credit system which holds down homestead taxes by lowering the portion of market value which is taxable. Individual taxes would be no higher in this new system than in the current system. Nor would local government aid be lower. In addition, I am proposing that the State take a hard look at the laws, rules and regulations, constraining the operation of local units of government. I want to remove as many unnecessary mandates as possible. To get this process in motion, I 've recommended the creation of a permanent procedure for cataloging, analyzing and evaluating existing State mandates. Under this plan all proposed legislation affecting local governments would have to be analyzed to identify any potential costs to communities. The elimination of levy limits will be one of my major priorities as the State rebuilds our relationship with local governments. We must remove the shackles that bind your hands as local officials. My job climate initiatives should also be of interest to you. The changes in workers ' compensation and unemployment compensation will save local governments many dollars. I urge you to review my proposals. If you agree that these changes must be made to improve the local -state government relationship and would be willing to testify, please call Bill Bond at my office, 612-296-2287. Further, call your local legislators and urge passage of these bills. With your assistance I believe we will be able to make fundamental improvements in State and local governments, resulting in better, more responsive service to the people. Sci ncerely, 1 1 G � ALBERT H. QUIE GOVERNOR i q 6 PROPOSED CHANGE IN THE METHOD OF MAKING PAYMENTS OF AIDS AND CREDITS TO LOCAL GOVERNMENTS Under the current system, the state budgets and "guarantees" payment of aids and credits, Recent economic conditions demonstrate clearly, however, that the state cannot guarantee its revenue. Thus, the state and local partnership means that, while the state will continue to budget large amounts of money for local government, local government must recognize that payment of the budgeted amounts must be tied to state income. Therefore, a new payment procedure is proposed for schools and other local governments . Payments to local governments--cities , towns and counties--appropriated in fiscal year 1983 total about $510 million. However, actual payment of this amount would be based on the actual sales tax collections com- pared to the anticipated sales tax collections. For example, if sales tax revenues were 3% short of estimates, then 3% of the $510 million or $15.3 million would not be paid. On the other hand, if sales tax revenues exceeded estimates by 3%, then 3% or $15.3 million extra would be paid out. Shortfalls or gains under this proposal would be limited to 5% in the following way. A Local Government Fund is established. When the sales tax collections exceed estimates by more than 5%, money accumulates in the reserve fund. When sales tax collections fall short of estimates by more than 5%, money is used from the reserve fund to keep the payment loss at 5%. If reserve funds are insufficient to keep the reduction at 5%, the avail - able funds shall be prorated as necessary. The reserve, which would accumulate in the fund, would be limited to a maximum of MI, of the sum of the amounts appropriated to local governments . Payments subject to this payment provision are Local Government Aid, Homestead Credit Replacement Aid (including Wetlands Credit, Native Prairie Credit and Reduced Assessment Credit), Commercial/Industrial Replacement Aid and Attached Machinery Aid. A further change is proposed. The $510 million total appropriated for fiscal year 1983 is 48% of the sales tax net collections for fiscal year 1983. The proposal establishes future appropriations as the same percent of net sales tax collections as established for fiscal year 1983. The proposal for schools is tied in a similar way to the General Fund exclusive of the sales tax. I'll Ilil ot „1/4. un league of minnesota cities LOCAL GOVERNMENT AIDS (LGA) League Position Support legislation which would: 1. Require that the level of the total LGA appropriation be a specified share of state revenues (sales tax/general fund) , to be distributed monthly starting in 1983. (Comment: Under this system, LGA revenues would rise and fall with the state's economy, but cities would be able to plan accordingly and not be forced to absorb an unfair share of state financial problems or be caught in the political crossfire. ) 2. Require that 1982 LGA payments be paid when due, unless 60 days notice is given. Not more than 10% of any payment could be delayed more than 60 days, and a certificate would be issued so that all deferred aids would be paid no later than February 28, 1983. Background A. LGA is an important city revenue source. LGA comprises roughly 25% of total city revenues. Many cities depend on LGA for from 40% to 60% of their operating budgets. Small cities especially rely on LGA. B. LGA has become an unstable and decreasing city revenue source. The state originally promised to pay $270 million in LGA in 1981. This was cut back 8.3%, but cities had notice of the actual cuts before completing their 1981 budgets. The state then promised to pay $270 million in 1982. This has now been cut $30 million, or 11.04%. The cuts came well after preparation of 1982 budgets , but at least early enough in 1982 to allow more gradual budget cuts. The current appropriation to be paid in 1983 is $270 million - the same that was supposed to have been paid back in 1981. If the state's financial problems continue, the 1983 appropriation could well be cut back further. In fact, there is no guarantee that even all the 1982 LGA will be paid, even at the new reduced level . There is also no current requirement of minimum advance notice of cutbacks. (OVER) ,on hanover building, 480 cedar street, saint paul, minnesota 55101 [612] 22 -2861 �� %7�C2'��l/ WC's eJ/ 611 Iowa Avenue Slap 56479 JanCinrilto-f0tirtiNk, Dear City Official : tJ '. 81932 Subject: Local Government Aid distributions CITY OF sNA1< p ET Because of urgent reed, this letter is being sent to the Mayor and Clerk of most cities of our State. The letter to the Mayor includes a 3 page position paper on Local Government Aid. The letter to the Clerk includes the same 3 page position paper and two computer printouts, each 16 pages in length, together with a special cover sheet. It is respectfully recuested, because of the importance to your City, that the Mayor and Clerk, after reading the position paper, confer over the printout and determine the importance of proposed changes in LGA for your city. Ideally, you will iointly also review the information with your Council and pass a resolution of support. If it is possible, we would hope that you would send a resolution of support to the Governor within the next seven days after receipt of this letter, and hopefully sooner. Both Houses of the legislature have had committees studying LGA during the interim. The Governor, State Auditor and Commissioner of Revenue have also been closely involved with study of the current formula and possible changes in it. Your contact with the Governor at the earliest opportunity is of major importance. Also highly important will be additional contact with each of your legislators also at the earliest possible time. The Board of the MAOSC has adopted the formula which is detailed in the accompanying printout. It has decided, because of its importance to cities , large and small , that it should be sent out to most cities of the State despite heavy costs involved both with the computer work and the mailing. We invite all cities under 5,000 to consider membership in the MAOSC row. We also invite to an Associate Member status cities over 5,000 in population. Associate status does not carry with it_the opportunity to either vote or hold an officer post in the MAOSC. It does, however, provide the opportunity to be informed on what is being done on behalf of all of the cities of the State and to help defray some of the cost, which the work of a comparatively small number of cities is involved closely with, for benefits to your city. A membership application is attached. When you take action, it would be appreciated if you would send a copy of your letter and 'or resolution to us in Staples. Cordially, THE BOARD OF THE MAOSC Making big things happen for small ci i.es. MINNESOTA ASSOCIATION OF SMALL CITIES qa°" A position paper on Minnesota Local Government Aid Distributions BACKGROUND: Although the area of Local Government Aid (LGA) distributions is seemingly complex, it is comparatively simple and can easily be understood with a small amount of effort. When the Tax Reform and Relief Act of 1967 brought the sales tax to Minnesota, it provided payments to cities on a per capita basis to offset the phaseout of Personal Property taxes. The Sales Tax per capita aids were replaced in 1972 by LGA distri- butions. Three factors were multiplied together: (1) Population, (2) 3 year Average Mill Rate and ( 3) the Property Sales Ratio,, . which is the ratio of assessed valuations to actual property sales values . The last two of these multiplied together are known as the Adjusted Equalized Mill Rate , or "AEMR". The result of multi- plying these three factors together was multiplied times the per capita statewide distribution, which has moved upward from $27 in 1972 to $68 in 1981. Unfortunately, from the inception, unintended mathematical distortion entered the picture. Distributions started on a county by county basis, with the 7 county metro area treated as one large county. From the first distribution, the local government units have been guaranteed minimum amounts of LGA, a proper concept. Beginning in 1972, however, no local government unit received less than in the prior year. This change is referred to as "the Grandfather Clause". Coupled with inherent deficiencies in the mathematics of the county by county distribution system, more mathematical distortion was added. The 1979 legislature accepted changes lobbied by the League of. Minn. Cities as answering problems in the existing formula. In essence, the 1979 LGA distribution became the base for future years, and additions were made of $1 , $3, or $5 per capita in 1980 and $1 , $4 or $6 per capita for 1981. This only served to increase_ the range of inequity on top of an already distorted base. For cities under 2500 the shortfall amounts (the amounts less than the average statewide per capita increase) were placed in a second !spot", which was then distributed to cities over 2500. This established all cities under 2c00 as "second class" cities and compounded the inequity. A city of 2501 in population could receive substantially more than a city of 2499. DISCUSSION AND REVIEW Few in the State are thoroughly familiar with the LGA distributions . This includes many legislators. Unfortunately, the computers of the State were not employed in analysis and review. The first major exposition of what was happening came when the Minnesota League of Small Cities, now renamed the Minnesota Association of Small Cities secured assistance from a maior State computer firm as a public service. The printouts provided an ordered and careful display of. the results. Many city officials believe that the Dept. of Revenue should have been the source for guidance of the legislature. Instead, the League of Minnesota Cities hired the computer capability of Minneapolis, the largest recipient of LGA. Increasingly knowledgeable officials regarded this as akin to "the fox guarding the hen house". Printouts from the Minneapolis computer were withheld until the last minute and became official LMC policy with little review or analysis. When officials of the MAOSC strenuously objected to the results, which were already being ,lobbied to the legislature in 1979, fast LMC Board action partially corrected the results by adding a ceiling. Without the MAOSC input the high aid city could have climbed to $1341 , even though previously almost all agreed that the current high of $220 per capita was outrageous . The MAOSC, shortly after its official organization in 1979, became an affiliate of the LMC. Because of what it felt were irregular pro- cedures in a number of areas , the MAOSC withdrew its affiliation with the LMC in 1980. Although the MAOSC regretfully points up this fact, it encourages its member cities to individually belong to the LMC because of important services the LMC does so admirably provide. Because the dis-affiliation by the MAOSC was so irrevocably intertwined with actions by the LMC in the LGA area, the fact must be displayed in this position paper. Key and central points of importance are: 1. AEMR AS A MEASURE OF EQUITY AMONG CITIES An uninformed individual would expect that the formula approach adopted in 1972 would provide a result with major consistency. Such is not the case. The mathematical distortions present, primarily as a result of county by county calculation provided a major spread among cities with the same AEMR. with the spread being as much as $164 per capita. In 1979, it was demonstrated that the city receiving the high aid of $220 per capita would receive $89. 17 or $50.88 per capita if it were calculated in other counties. THE LGA DISTRIBUTIONS SHOULD BE TOTALLY RECONSTRUCTED ON A BASIS PROVIDING CONSISTENCY AND FAIRNESS. 2. THE GRANDFATHER CLAUSE The single most distortive factor of the current formula is the Grandfather clause. THE GRANDFATHER CLAUSE MUST BE ELIMINATED. 3. NON UNIFORMITY OF ACCOUNTING HAS PROVIDED MAJOR INEQUITIES. Lack of uniform accounting has existed and distributions based on that accounting can vary distributions to a major degree. A dramatic display of the significance was pointed up in the Jan• 7 , 1982 Minneapolis Tribune. Among facts attributed to the Minneapolis Budget Director in a report to the Council were the following two: -If Minneapolis were to charge for garbage collection, it would add $10.4 million to its city coffers. -if Minneapolis would increase paving assessments from 25% to 50%, it would save approximately $2 million. In cities throughout the State where residents pay fully for both their garbage collection and paving, it must necessarily be concluded that they, through the State Treasury, have provided additional major assistance to Minneapolis through the inclusion of $16.4 million in the Minneapolis LGA base. UNIFORM ACCOUNTING PRACTICES MUST BE USED. 4. MAJOR INEQUITIES HAVE RESULTED FOR FAST GROWTH CITIES. Because of the time lag factor present in the formula, fast growth cities have been strongly disadvantaged. BECAUSE, IN THE LAST ANALYSIS, THE STATE SERVES ITS CITIZENS , PROVISIONS MUST BE MADE TO ACCOMODATE NEEDS OF FAST GROWTH CITIES. 5. 1979 LEGISLATIVE EXPECTATIONS WERE NOT REALIZED. From a report by the Minnesota Department of Revenue: "Since the new formula was developed by the LMC, and since they lobbied for its passage, a review . . . is helpful . . ." . "The Grandfather provisions effectively result in up to 91% of the total LGA distribution being determined before application of the formula . . . ". "The implication is that the new LGA formula does not actually distribute LGA in accordance with the presumed measure of need. It does not accomplish what it promised to do. . .". "An inadequate relationship between ' fiscal capacity' and state aid under the old formula, whereby tax base-poor communities were shortchanged, is perpetuated under the new formula . . .". "The new LGA formula is not really sensitive to a city or town' s local revenue base and its adjusted assessed value. This is contrary to the apparent intent of the formula . . .". 6. SPECIAL RESTRUCTURING CONSIDERATIONS. Restructuring of LGA should reasonably consider massive long term allocations from the State Treasury in the last 2 legislative sessions : -$4. 5 million annual long term funding of the Minneapolis Employees Retirement Fund. -Funding of Fire and Police pensions of 31 cities at the rate of $6. 6 million for 30 years, of which the Minneapolis portion is $3. 3 million annually. CONCLUSION AND RECOMMENDATIONS FROM THE MAOSC: The LGA formula must be reconstructed on a basis, which provides a strong measure of consistency and fairness, and which frankly and openly addresses the needs of the preponderant majority of the State ' s cities. It has now become urgent to re-establish credibility. It is recommended that a new formula be instituted, which provides : -a flat amount per capita for the basic services each city provides , -recognition of need, through the Adjusted Equalized Mill . 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IA 00A nNP GOn P P UN 01 43 441A-•A...4 • n 4 J 4^nN O 0'.n-..-r`0-00000000.•.064000•-•0 •N-.UN03 N-••••04.-.0 0........0...r0N r^v-.....es,0 O. d u1 P N 0"-O N-.NA 60.N 3 A0]n 0.406 N 4.N n P.N A P N P AN NT n 4.A P NP 6 d NN-•4 'D .0 0 .. 0 N 0 S d 0.-u• Jlnln 07 3P r0Ju\N6NN coo d • 0-O P.NONr0 400000 4 04Nr O.40If 0 10"4"4 q., 0 RESOLUTION NO. 1974 A Resolution Appointing A Responsible Authority For The City of Shakopee To Comply With The Minnesota Government Data Practices Act WHEREAS , Minnesota Statutes , Section 15 . 162 , Subdivision 6 , as amended, requires that the City of Shakopee appoint one person as the Responsible Authority to administer the requirements for col- lection, storage , use and dissemination of data on individuals , within the City and , WHEREAS , the Shakopee City Council shares concern expressed by the legislature on the responsible use of all City data and wishes to satisfy this concern by immediately appointing an administratively qualified Responsible Authority as required under the statute . BE IT RESOLVED, the City Council of the City of Shakopee appoints the City Administrator as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes , Section 15 . 162 through 15 . 169 , as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register on August 31 , 1981 . BE IT FURTHER RESOLVED that the name of the current City Admin- istrator be placed on file with the Minnesota Department of Admin- istration as the Responsible Authority for the City of Shakopee regarding the Minnesota Government Data Practices Act . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1982 .. Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1982 . City Attorney Cl-P. 0 0 0000000 0 r• ii r-r rrW W W W W W W W W r. 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CD C b CT'1 r t rt rt rt rt rt - _i £ 0� rt rt 0 PI n 1--' ' I I I I I - rt I-I CM I CO t" W 0 H. I~..' '11 Cn Cn 'd (r) H H. Co 0 W 0 CD 0' c/o H H CHI Hi TO rt FW-' cn 0 f7 n 7c 0 C fD 'd OhO • C7 t-; C'' fr-' r rt < `C CfD G H H. H. G cn H. M 0 to fn co CD 0) N rrt 0 Cl)• Cil rr Cl) (-) Co o d c w = - . z "CI r r W n0 0 D tri Cf) m C) _ = n O rt rt rt W CD CO �' CO .> rt y ~ r wZ w 7 • -' 0n ri cl t-trD w CD m 11 - - I-, rt r t 0 = rt r) trl fD (n C" M I I .'z1 1 a t7 C G Cn H. > CD 0" C 0" n O CD H -:.: • rt-, En W Co CD N N O 0 CD N CD Cr) 7�' T' _ = 7C 't G Ni 0 O '0 CD '0 CD CD CD CD CD CD W W CO w Ln Co W .'-• J V W 1--, r V O V N r U) W C7 J N 0 In I n W V N ON lfr T. .t N O' O 0 V '0 r 0) 0 0 V N O) t_, • • • 0 O, 0 0 0 A 0 r 0 t' l.n 1/4.0O L r-- ON 10 1/40 1/400 `° x 0' .D co V V V V "--JON CAD\ ON • W NJ r 0 �D 00 lr •• 0 'Al SILIIIWIIIIIMIIIIIIIN1111110.111Mit xi sear.sup emr...._....r.wa..........,„ MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Ladder Truck Repairs DATE: January 29 , 1982 • Introduction In December it was necessary to do some major repairs on the Fire Department ' s ladder truck. Once the repairs were underway the garage , a firm in Minneapolis , called us to say that the underlying problem was an improperly sized transmission and we have since tried to get the firm selling us the trunk, LTI Service Corporation of Ephrata , PA. , to pay for the repairs (note attached letter from Jack Coller) . Problem The problem is complicated because LTI Service Corporation in turn hired a subcontractor to install the required pump and tank and the subcontractor is no longer in business . LTI Service Corp. has responded to the City Attorney' s letters ; however, staff is uncer- tain they will if fact pay the bill . Alternatives 1 . Continue to correspond with LTI Service Corporation in an effort to collect the bill . 2 . Authorize the City Attorney to take appropriate legal action if necessary. 3 . Drop it . Recommendation The Fire Chief , City Attorney and I recommend alternative No. 2 . Action Requested Authorize the City Attorney to take the necessary legal steps to reimburse the City for repairs to the Fire Department ' s ladder truck that are the responsibility of LTI Service Corporation in the amount of $7 ,550 . 63 . JKA/jms .Ju ics \.('-�.1"LER El co rrOk •EN kr ]"A% 6;2-445-1244 85 i9a. 2i ES •i A ♦v[ E M1A:}Z.► December 11, 1981 4 DEC 1. CFY OF Ladder Towers, Inc. 51 Industrial Circle Lancaster, Pennsylvania 17601 Attention: Mr. Gene Dikman Dear Mr. Dikman: It is unfortunate that you ignored my letter to you of Nevember 6, 1981 because your action does not inspire a great deal of confidence in your company and because the problem we have with you will not go away; in fact, it gets worse with the passage of time. The repair estimate quoted in my letter to you is no longer valid. As you can see by the enclosed repair and reconstruction bill for the necessary work to be made on the equipment you sold the City is now $7,550.63. The City is hereby making demand on Ladder Towers, Inc. , the vendor of said 'equipment, to immediately reimburse the City in the amount of the enclosed bill. If you want to enjoy the luxury of again ignoring my letter, I want you to be fully aware of the intentions of the City of Shakopee. If this matter is not satisfactorily settled within ten (10) days from the date of this letter, the City will institute suit against Ladder Towers, Inc. to recover said sum plus any and all other provable damages and its costs and disbursements. Very truly yours, Julius A. Coller, II City Attorney JAC/bpm Enc. 1 cc: John Anderson, City Adm. cc: Harold Ring, Shakopee Fire Chief /D 10 MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: Tour of Cable Facilities DATE: January 29 , 1982 Introduction The Ad Hoc Cable Communications Committee , with other interested parties , is planning to tour cable facilities in Worthington and St . Peter operated by cable operators proposing to serve Shakopee . The purpose of this memo is to review anticipated expenditures related to this tour and solicit City Council approval . Background The preliminary tour schedule has been previously circulated to the City Council . The tour is expected to take about 15 hours and will include two meals , a luncheon in Worthington with City officials and a dinner in St. Peter for the Committee. The estimated cost of meals is $168 . The Committee would like to rent a Winnebago as the means of transport . The estimated cost of rental ( from Bramillas ) , gas and mileage is $204. This is the preferred option because 1 ) only one driver will need to deal with winter driving conditions , 2 ) the whole Committee can fit into one vehicle and discuss issues along the way and 3 ) it will be more comfortable . Other options explored include renting a van (none available ) the Burger Chef bus (unreliable and requires a school bus driver license ) and using two private cars and reimbursing mileage ( this would cost approximately $122 at 19¢ per mile ) . Excluding cable expenditures for 1980 and 1981 and considering anti- cipated expenses for the cable attorney, consultant , and staff time , there is approximately $3300 available in the franchise fee for additional miscellaneous expenses , which would include these tour expenditures . One cable operator expressed an interest in paying the transporation costs up-front (not in the franchise fee ) . A Committee member has suggested the other cable operator will be willing to cover the cost of the dinner. However staff feels that the expense of the tour should be paid for by the City and charged in a consistent manner , either divided between the two companies and paid up-front , or charged to the selected operator in the initial franchise fee. The staff recommends the second of these options . Recommended Action Approve expenditures for a tour of cable facilities estimated at approximately $400 , including transport and meals , to be charged to the cable operator selected for the Shakopee Cable franchise in the initial franchise fee. JA/jms CITY ® F SHAKOPEE _fi . � 129 East First Avenue, Shakopee, Minnesota 55379 /DC s;/ NNW MEMO TO: Jahn K. Andersen/Ci ty Aram, FROM: LeRoy Houser/$1dg. Official SUBJECT: Building Maint . Contract DATE: January 19 , 1982 Introduction: As you requested, my memo and recommendation on City owned building maint. contract . Background : Each year we have accepted building equipment maint . proposals. In the past I have accepted hourly rate quotes. This year, with the budget problems I thought it may be a good idea to bid out the three yearly inspections for all the buildings on a lump sum basis. As you can see by the attached quotes, there is a 35 . 4% difference or $665 .00 between the two bidders. Both contractors were instructed to bid three (3) yearly maint. checks, ( spring, fall and winter) when bidding the job . These checks will be visual and operational checks. Oiling and cleaning of equipment is also included in these checks. Any parts required and labor to install the parts will be extra. Recommendation: Accept the proposal of Associated Mechanical for the 1982 operational year. Recommended Action: Authorize proper City officials to execute a maintenance rnntrpct with Associated Mechanical for City owned buildings at a cost of $1 , 270.00. LH: cu — rt'pn.a{ — --_ Page No. of page RIES HEATING 6, SHEET METAL / Quality Material - Fine Workmanship 220 So. Atwood St. Shakopee, Minn. 55379 PHONE 445-5725 PROPOSAL SUBMITTED TO PHONE I DATE City of Shakopee , 445-3650 XXx 1/14/82 STREET JOB NAME CITY, STATE AND ZIP CODE JOB LOCATION ARCHITECT DATE Of PLANS JOB PHONE We hereby submit specifications and estimates for: t Bid for the heating and air conditioning, and exhaust systems. for all city bigs. . Three inspections a year. $1935.00 LII - Or JTUp111fir hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: __dollars ($ ). Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike / / ' , manner according to standard practices.Any alteration or deviation from above specifica- Authorized tions involving extra costs will be executed only upon written orders,and will become an Signature �� / - extra charge over and above the estimate.All agreements contingent upon strikes.accidents / . or delays beyond our control.Owner to carry fire,tornado and other necessary Insurance. Note:This proposal may be `-� /'7 Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accept9d within < days. )rrtptaurr of f rnpn.a!—The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified.Payment will be made as outlined above. Signature Date of Acceptance: - ,milorigiw' . ... . — / SSOCIATED , 1 1 , MECHANICAL CONTRACTORS . INC . , } 100 NORTH MARKET ' SHAKOPEE, Mi4 55379 PHOPY 4. 510k) I .,, 1 January 5 , 1992 , City of Shakopee 129 L. 1st Ave. Shakopee, MN 55379 Re: Annual inspections of heating and cooling ecuipmenr" • Dear LeRoy: We are pleased to quote the inspections of all heating and cooling equipment in municipally owned buildings as follows : We agree to make three (3) in3pections -nnually -- one In *April, one in September, and one in January -7,,,eicl. will, include labor only to check operations of equece ,ent, ,, 13-ta-!:1,,ge . filters and grease or oiling of motors. Any p '..1.rte or, :!it.o..1,,i,,, used to repair equipment will be billed on e elre ,afta re e 4 or basis. In the event that major repairs are nec(-„fsE,ary .v 1. needed, you will be advised and en estimate wle _ let -;itei ' '11 The above shall be performed for the sui of r,,neThousanc: liwo Hundred Seventy and no/100 ($1,270. 00) payable es .t _I followe--$600 . 00 for April inspections , $335 , 00 each icr , 1 September and January inspections. Sincerely, e ti ASS CIATED MECHANICAL CON RACTORS, INC. ames E. Frady JEF/gep t= d MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Interfund Transfer DATE: January 22 , 1982 There was an error made on building permit surcharge remittances in 1979 . In order to put the Utility Trust Fund accounts in proper order as of December 31 , 1981 , the Council needs to approve of the transfer of $689 .47 from the General Fund to the Utility Trust Fund. This money was put in the General Fund in 1979 as a result of the above error . Action Requested Move to approve of the transfer of $689 .47 from the General Fund to the Utility Trust Fund. GV/jms } i* ki. CONSULTING ENGINEERS ENGINEERING PLANNERS and LAND SURVEYORS COMPANY INC. L x,:000 EAST 146th STREET, BURNSVILLE , MINNESOTA 55337 PH 432-3000' May 19, 1981 City Administrator City C� .ri_ia• ' �� nK6pc:t, 129 E. 1st Avenue Shakopee, Mn. 55379 INVO?CE NO. 081-005-113 - Weinandt Acres 1st Addition Field Check elevations to verify earth quantities. Technician: 2.0 hrs. ® $24.00/hr. $48.00 2-Man Field Crew: 6.0 hrs. ® 44.00/hr. 264.00 .$312.00 DUE THIS INVOICE: Ralph D. Wagner I� (/:/ i� i r TENTATIVE AGENDA ADJ .REG. SESSION SH_AKOPEE, MINNESOTA FEBRUARY 9 , 1982 -- WORK SESSION -- Mayor Reinke Presiding 1 ] Roll Call at 7 : 30 P .M. 2 ] Hiring of Appraiser for Appraising of Valleyfair Property 3 ] Goals and Objectives (bring copies with your comments ) 4] Rearranging of City Offices 5 ] Other Business : a ] b] c ] 6 ] Adjourn to Tuesday , February 16th at 7 : 30 P.M. John K. Anderson City Administrator E ` „c E„„„0, ; CITYO P H A P E �^ 129 East First Avenue, Shakopee, Minnesota 55379 tIl MEMO TO: John Anderson/City Administrator FROM: Larry Martin/Former City Assessor SUBJECT: Valley Fair Petition DATE: February 5 , 1982 Introduction: In discussing this appeal with Assistant City Attorney Rod Krass it seems most likely that we will be going to court on this matter. Background: With this in mind Rod and I have come to the opinion that to prepare an effective defense a full appraisal should be completed by a M.A. I . appraiser with the special expertise to complete such a project. I have contacted two firms, Howard E. Shenshon and Associates and Peter J . Patchen and Associates, both firms I believe have the professional background for this appraisal problem. The quotes that I have received are as follows: Shenshon* Patchen Report & Preliminary Meetings $5 , 600.00 $15 ,000 - $20,000* Court Appearance $600/day Pretrial Meetings $75 .00/hour (Howard) $50-$60/hour (other staff) *Howard Shenshon and other members of his firm have worked on amusement park problems previously. *Patchen stated that the cost would fall somewhere within this range; however, his office could not meet the time requirement. Recommended Action: Authorize the hiring of Howard Shenshon and Associates to appraise the taxable value of Valley Fair. LDM :cu cc : County Assossor