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03/02/1982
MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: February 26 , 1982 1 . I have been appointed to the League ' s 1982-83 Budget Committee . The Committee meets 3 or 4 times beginning in March. If you have any League Budget questions/suggestions let me know. 2 . I have completed all of the department head evaluations and I believe that they went resonably well . I will not be keeping my copy of the evaluation since this first effort was a trial run. The next one will be scheduled for May or June and that will be official . I am attaching the tabulated results of the department heads ' evaluations of the City organization. This can be discussed at the end of Tuesday' s meeting. 3 . Attached are the fund balance summaries for January 1982 . 4. Attached is a schedule for the County State Aid Highway (CASH) #18 Location Study as it relates to the bridge over the Minnesota River. 5 . Attached is an application from Elmer Marschall for the SPUC position. 6 . Attached are the minutes covering the use of City staff by the Downtown Committee . If this is not sufficiently clear another motion can be made. 7 . Attached are two letter from Senator Bob Schmitz regarding S.F. 1451 relating to surface water management and support for the Women' s Correction Facility in Shakopee . 8 . Attached is a copy of a letter I recently sent to the Metropolitan Waste Control Commission (MWCC) re : the Shakopee Sludge Farm. 9 . Attached is the agenda for the March 4, 1982 Board of Adjustments and Appeals meeting. 10 . Attached is the agenda for the March 4, 1982 Planning Commission meeting. 11 . Attached are theminutes of the February 4, 1982 Planning Commis- sion and Board of Adjustments and Appeals meeting. 12 . Attached is the monthly calander for March. 13 . Bill Radio, City Administrator of Chaska, confirmed this week that the Chaska City Council did unanimously award the cable franchise to Zylstra-United Cable Television. Non-Agenda Informational Items Page Two February 26 , 1982 14. Senator Schmitz ' s office called today and said Senate File 786 re : Volunteer Fire Fighters Pensions and Senate File 1677 (companion House File 1738 ) re : manufactured homes have both been amended to the League of Minnesota Cities satisfaction. 15 . Dean Colligan will be out of town Tuesday so please notify me if you cannot attend the meeting. 16 . Attached is the building activity report for February, 1982 . 17 . The $759 .00 recorded as revenue in the December 31 , 1982 financial report was received under our state contract for First Avenue snow removal . 18 . Please reserve March 23rd for a budget revision worksession ( if needed) and March 30th for the cable franchise consultant presen- tation to the Council and the Cable Committee . 19 . The City Engineer has met with property owners in the so called Maras Addition regarding the construction and dedication of the road. The property owners wanted interim assistance from the City to "get by" this winter and wanted to initiate a Chapter 429 improvement to get base down by November, 1982 . The City Engineer explained that the 1982 CIP is established and explained the past City practice regarding work on substandard streets . Councilmembers may receive calls from the property owners regard- ing some assistance from the City. T Page 3 • • COMPOSIT OF DEPARTMENT HEADS SUMMARY OF CITY EVALUATION (2 FACILITIES AND EQUIPMENT Poor and Acceptable but Adequate - Comfortable, Excellent uncomfortable marginal 0 convenient, working conducive to work conditions COUNCIL STAFF RELATIONSHIP Poor and Acceptable tiut Adequate Comfortable, Excellent uncomfortable marginal ® ® convenient, working conducive to work conditions O SALARY AND BENEFITS IN RELATION TO MARKET OD Generally poor Acceptable but Average® Good to above Excellent salary Omarginal ® $ • 7771440.04(average ® and benefits@ SUPERVISION Poor to very Available but Adequate Good supervision Excellent limited limited �j �' ® provided supervision OPPORTUNITY TO GROW PROFESSIONAL �i ZZ Little or no Limited oppor pity Adequate or Good Outstandir-r) opportunity acceptabl 0 opportunity for fr 4~4) an) 4 ,4 `� professional growth OPPORTUNITY TO GROW TECHNICALLY Very little Some opportun ty Adequate Good opportunity Outstanding opportunity() orJ . opportunity opportunity i N EM OPPORTUNITY FOR ADVAENT Poor Fair, but limited Acceptable- Good and probable Outstanding aO opportunities advancement are available opportunity . JOB SECURITY f Little or no Limited sec ity Acceptable Good security Excellent securitysecurity( security c0une. L .494 T 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 employee individulas and development development and .4iaa G employees__ ® ®growth APPRECIATION OF EMPLOYEES'��� > ��� Company shows Company shows Company shows Company shows Company shows little or no limited a recia- adequate significant outstanding appreciation 0 tion �{ t' ppreciati appreciation appreciaon INFORMATION ABOUT CITY GOALS �''� Little or no Some information Adequate infor- Better than average Excellent picture information providedmation 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 t work conditions O OTHER v�G�Gr7z4 �yno2Q,�-� ‘�?��e Gam/ The first Department Head evaluation process to be conducted in February, 1982 , will be a trail run. Minnesota Statutes 15 . 165 requires that you be informed of the following, when information is requested about you: 1 . The purpose and ,intended use of this information: The first evaluation will be used for the purpose of communicating strengths and weaknesses to the Department Head , as they relate to the person fulfilling his duties and responsibilities , and will not be used for disciplinary or salary purposes . 2 . Can I refuse or am I legally required to supply the informa- tion: You are not required by law to supply the information; however, it is a requirement of the City Council as your employer. Because this first Department Head evaluation process is a trail run, employee may chose not to supply the information being requested . 3 . What consequences may arise from the supplying or refusing to supply this information: None , for this first evaluation process . 4. Who, other than yourself, has access to this information: a. City Administrator b. Responsible Authority (today that is the Administrator) or c . His designee ( today that is the City Clerk) d. City Council collectively at an executive meeting I have read and understand the above . Dated this day of , 19 Signature of Department Head b WN e',. ...1 •01 r� u U Co T O O r. Lr( O\ ,I O1 Lin O\ 4--1 Co v1 O\ 0 -.7 CO O N M r. 10 01 O\ N- \ 1 �p M C �7 I ;2) Lr1 �1 �7 r- rn 7 .-I TO 'O .-1 u1 cc:,,' O 1� 01 M I 7 r Co 04 ,O +� rro1 \ „ O 00 O M Av 0 rl �t '1.:)' M N D\ �p r-1 ao N M O O Q\ O\ p ^ u 1 ^ N I I I oI I I U) N N ,7 co co 01 1-1 O\ N vl r-1 r-1 r-1 -.7 v1 O Co 10 .-1 n n I I. O\ O O O 1 O O O-1 c>7 N ^ a, ch O\ on \p \D N c''1 v1 O qp VD vl r-1 r. Co ,t ul M O\ N I I 1 I 1 N 01 r-1 M r-1 r-1 " r-1 ,-1 r-1 O\ n v ON.h.) U) CU N la 0 - JJ 4.4 N M O O L r\ N Ch p O N- I. 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L ro *. -a c 7 > d L Z y La+. n o WG v c ° *kia ?? W 4, u. c a c 7 y c O O a) y ... y c c > ° v c a ro " c v c u ro d a N co F U F- ._ ro a� O a! to W •y a .> ro w 7 y y Lt. to i :) N L O a1 'O ,H c +. C O y < O oo a U D ro U N p c v E- c N. E U V p ro h ro O F a °J. °'. .Q c °1 y 3 C ° a °' "ro o Is °_' �, 3 y 3 p ,0' O W co co c o c vf v " s' col u E n.0. «. co a� = v - ro o c 00 = c4aa.) O 7 00 aJ 4.) 'L O 7 L Tu. 7 O [L L 7 0., a4.1a4.) •L L o. IL C < G] i L a E- U v> d c4 a a, J a. a. v) v> in .o a. v) W o a, a. d W D., ILI u: V U <7 F O -: N <•, -4 hi) N: 00 an O -4 N M s h ? r -. N K1 u1 .0 t� 00 CT N N N N N N * 1 5 A 'C E '+' ED • F- f- 13 2 2 1982 • CITY OF SHAKOPEE l:ibu Co. Rd. 77 Shakopee , mann. Feu. 1U , 1982 To the Common Council City of Shakopee uear Council members, I understand there will be a vacancy on the Utility Commission. I have always had a deep interest in local government and am interested in filling that position. I was born and raised in this community and have owned and operated my own businesses here for the past thirty-five years. During that time I have served as a supervisor of Eagle Creek Township for eighteen years, and as a member of the Shakopee Planning Commis- sion for eight years. I feel qualified for the position and I thank you for any consideration you may give me. Yours truly, Elmer Marschall 4 ,;4:,:,,1-,,`,,,,;i I s C . _.____Rr_........._.._ t4 * Corz1 bs1 ori"a Joel t _4t'-' 1'74-' 14'' ' Zone. Motion carried ur ;a a,l ao '. e *a ,> .,: i he City Planner gave a brief backgroundtea'; report on the application aro; dalcialon o the Planning Commission. He stated that the applicant is Roy Simmons, and that he •resently has 4 dogs. The situation came to the attention of the City because of tle complaint of a neighbor about excessive barking. The Planning Commission denie. the permit because it felt the adjoining neighbor would not have the full enjoymo t of his property because of the excessive barking if the permit was al- lowed, a d also because of the setting of a precedent in the R-1 Zone. Mr. Simmon. , the applicant , was in the audience and a conside : .le amount of discussion [ ) lowed. 3 Reinke/Leroux m ved to close the public hearing. Mot ' en carried unanimously. 1 1. Hullander/Leroux m.ved to adopt Conditional Use emit Resolution No. CC-286 with the following condi '' ons: 1. The dogs remain ,nced in the back yard. 20 The applicant have o more than 4 dog , 3. This Conditional Use Permit be revi ed in 6 months. Discussion was held regards g under = at circumstances the Conditional Use Permit would be revoked. Cncl. Leroux suggested the Cit tighten up the ordinance regarding kennels. The City Planner stated that in . s tuff report to the Planning Commission he suggeste the City consider adding . separa• ion clause regarding kennels, such as it would have to be 500 feet from adjoining -ighbors. This would give a distance factor on which to base the de.'inition of a ennel. Cncl, Colligan aske% the applicant about he possibility of moving his kennel away from the complai : ng neighbor. Mr. Simmon stated he could do that by putting it / ry on the west sic of the house, but it would a ke a wh_ilc: as he woul t have to move a lot of rock., e Hulland Leroux moved to amend the motion to add .n additional condition requiring 1 '='t�' hat the applicant move the. kennel to the west side of his house within 30 days. V otion carried unanimously. ot, �� Lou VanHout asked about this action as settin r 6A , f a prc cede n . He asked the Council to make a stateme tit on the r<cord that this permit is allow.. partially because the !, dogs are not out in the day and that there are no neighbors too close. He thought this would ensure that fewer kennels would be allowed in the future. Motion carried unanimous) . Dan a ta id made a pry_ setuation to the Council on behalf of the Ad Hoc Downtown Cor- 6 mittee, which is a subcommittee of the Industrial/Commercial Commission. This comm.i 1.teee has be n meeting sine: April 1981 to redesign the downtown area. He 1'ro:;.•need •thy ova,ra i I d.nlgn conceptfor tin: (sown town area, which they have defined -s everything between Apgar and Filmore :streets and from the river to 6th Avenue. Mr. catrrii stated Uwe a itt , °' lito; '{ accomplished in time, but tli+y v45r4. 4,r1 t,, ^Ah.,., ;; // do not lose their momentum, eml. also to 12,:.c.. tt, 'F'-'1";:14-', - :- : The immediate goals are: 1. Installing a turn lane on the north side of 1st Ave. ani Holufts, which would incorporate removing the Opera House building. 2. Eliminate parking between Holmes and Lewis on the north side. 3. Extend Levee Drive eastward. 4. Re-locate power lines on 2nd Ave. , The Mayor asked what the committee has done to investigate funding for the project. W1..\ He also stated the prime goal should be getting rid of all the traffic downtown. \° CY l� Discussion followed. Mr. Steil stated the committee has explored economic strategies for development of the downtown area. The City Planner, an ex-officio member of the committee, addresst \ �� this subject . He stated the committee estimated it would take $15,000 to $40,000 jus to get the initial steps taken, and they realize this would be too much to ask from 1� the community. These things will not occur in a short time, but it is appropriate � to set some direction for the future. Cncl. Hullander spoke as a member of the committee, and stated they felt it would give additional private investment drive to see some things have been done. The committee felt it could not afford to wait any longer, as the downtonwarea is losing businesses monthly. They feel it is important to give the business community and private development firms confidence that the community is willing to do somethi without coming to the taxpayers. The Mayor asked if there was anyone else on the Downtown Committee or in the audienc who wished to comment on the concept plan. Bill Wermerskirchen stated that in the past it was generally felt that nothing should be done to help the traffic pattern on 1st Avenue because it might jeopardize the by-pass, but the committee feels it cannot afford to wait any longer. Reinke/Leroux moved to concur with the Ad Hoc Downtown Committee overall design concept of the downtown area, and direct the committee to proceed with the initial 4 steps for redevelopment as outlined. Cncl. Leroux suggested the "no parking" on the north side of 1st Avenue be continued from Holmes to Fuller. The City Planner stated the elimination of parking on the north side of 1st Avenue was meant to be done as an integral part of the construc- tion of turn lanes, and they have done some checking with the State Hwy. Dept. , and it will take some time. Cncl. Hullander stated that far the immediate future this is' going to take some staff time and the committee is asking for Council approval of staff time on this project. The City Admr. stated that the wording of the motion signifies approval. The Mayor asked that any Councilperson who sees ay' nproblems with this plan relate the concerns to the Downtown Committee. Motion carried unanimously. H llander/Lebens moved to approve the Assessment Agreement between the City o f Shakopee and County of Scott for the years 1982-1986, and authorize proper City officials to execute same. Motion carried. Roll Call: Ayes; Unanimous Noes; None Joe Ries, County Admr. , stated that on the advice of the County Attorney, the County Board was directed to issue a letter of intent regarding the development of the parking lot at Block 57, in lieu of the Agreement drawn up by the City. He read a letter from the Chairman of the County Board to the Mayor stating the County's intent to acquire the remaining 3 properties in the southeast portion of Block 57 to construct a parking lot by December 31, 1982; that the County has jointly with the hospital engaged the firm of Israelson & Son to do the work and intend to have the parking lot completed by August of 1983 if there are no delays beyond the control of the County. Mr. Ries gave the letter of intent to the record. ing secretary, and is attached hereto as a part of these minutes. Mr. Ries pledged his personal effort in moving the construction of this parking lot along as smoothly and quickly as possible, ,stating that he is to be in charge and is fully cognizant and agreeable to the City's position. RECEMD ROBERT J. SCHMITZ FEB 4 1982 Senator 36th District Route#1 Jordan, Minnesota 55352 Office: CITY OF SHAKOPEE Senate 235 State Capitol St. Paul, Minnesota 55155 Phone: (612)296-7157 State of Minnesota February 22 , 1982 Mr . John K. Anderson City Administrator City of Shakopee 129 E . First Avenue Shakopee , Minnesota 55379 Dear John : Thank you for your letter in which you indicate opposition to S . F. 1451 , the bill relating to surface water management. I tend to oppose it, as well , and it is good to know of your position . Action is picking up here in the Legislature on hearings of a wide variety of proposals . You can help me if you write or call my office whenever you have a comment on any legislation that is of interest to you . Just give the message to either Sherry or Al if I ' m not at my desk. I ' ll be certain to have it soon at any rate . Sincerely , ROBERT J . SCHMITZ Chairman Senate Veterans ' Affairs Committee RJS/st COMMITTEES • Chairman, Veterans Affairs • Rules& Administration • Transportation • Taxes&Tax Laws • Elections& Reapportionment 7 Fir' D ROBERT J. SCHMITZ Senator 36th District Route#1 FEb 1 7 1982 Jordan, Minnesota 55352 Office: Senate Saute Capitol St. CITY OF SHAKOPEE St. Paul, Minnesota 55155 Phone: (612)296-7157 State of Minnesota February 16 , 1982 Mr. John K. Anderson City Administrator City of Shakopee 129 E . First Avenue Shakopee , Minnesota 55379 Dear John : Thank you for sending me a copy of your Resolution No . 1975 in which the City Council has taken a supportive position on the continued location of the Minnesota Correctional Facility in Shakopee . I have often indicated in the past to the appropriate people here , in both the Legislature and the Department of Corrections , that I feel a new correctional facility should be built on the land that the state owns in Shakopee . Most recently , considerable dialogue came from the House Committee on Appropriations , Health , Welfare and Corrections Division , which indicated support for a proposal to move the facility into the recently vacation state hospital building in Rochester. I began to actively oppose that suggested move and in visiting with Senator Sikorski , who is Chairman of the Senate Finance Subcommittee on Health , Welfare and Corrections , we agreed that it would not be a proper move and I received a firm commitment from Senator Sikorski that the facility would , indeed , not be moved to Rochester. Enclosed please find a copy of the news release I issued immediately following the support I received from Senator Sikorski on this issue . Since - ly , IP Af ' OBERT J . SCHMITZ Chairman Senate Veterans ' Affairs Committee RJS/st Enclosure COMMITTEES • Chairman, Veterans Affairs • Rules& Administration • Transportation • Taxes &Tax Laws • Elections& Reapportionment T U, CITY OF SHAKOPEE t , .o , INCORPORATED 1870 foat 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-36501 February 26 , 1982 ' i Mr. Salisbury Adams , Chairman Metropolitan Waste Control Commission 350 Metro Square Building St . Paul , MN 55101 Re : Dedicated Site for Blue Lake Sludge Dear Mr. Adams : The minutes of the MWCC ' s January 19 , 1982 meeting indicate that the Commission received a letter from Mr. Breimhurst of the MPCA regarding the above mentioned sludge disposal site . Mr. Breimhurst ' s letter, according to MWCC minutes , stated that , "given the current successful land spreading program utilizing private farmland, a dedicated site would not be required" . According to the minutes , the Commission directed MWCC staff to discuss the subject with the Metropolitan Council relating to their siting of a sludge disposal facility. With the letter from Mr . Breimhurst in mind, I called MWCC staff to determine what they planned to "discuss" with Met Council staff regarding the latter' s sludge disposal facility siting process . I was referred to Mr. Sweet of your staff who referred me to Jack Frost of the Met Council staff. Mr. Frost ' s reply was clear and to the point , "Met Council is willing to drop the site if that is the desire of MWCC" . The City of Shakopee would like to again place the disposition of this matter on your next agenda so that the MWCC can make the needed decision. Furthermore , with Mr. Breimhurst ' s letter indi- cating the success of the land spreading program on private farm- land and the resultant elimination of the need for a dedicated site , we believe that there are no further arguments for delaying a formal MWCC decision to sell the property and remove it from the Met Council sludge disposal facility siting list . I would like to conclude by saying that the City of Shakopee has not changed its position on this matter nor has it "forgotten about it" . We have , in fact , asked Rep. Tom Rees to further consider House File 64 which was introduced on January 15 , 1981 . We have taken this action simply because the MWCC is moving so slowly on Il /i r 1 0 / I' Y r ' V it / icy An Equal Opportunity Employer / / Mr. Salisbury Adams Page Two February 26 , 1982 this matter that it appears to us like a deliberate stalling effort on the part of MWCC and its staff. Please contact me in advance of the next meeting so that we can have the appropriate representative at your meeting. Sincerely , Ek l�ut"`Ii) tkijiet---- (:::: John K. Anderson City Administrator JKA/jms cc : Svenn Borgersen, MWCC Rep. Tom Rees Senator Robert Schmitz TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session . Shakopee, Minnesota March 4 , 1982 Chrmn. Schmitt presiding 1) Roll Call at 7 : 30 P.M. 2 ) Approval of Minutes from February 4 , 1982. "3) ' 7 : 30 P.M. PUBLIC HEARING : Request for a 5 ' variance from the sideyard setback requirements to increase the size of a bedroom and add a family room in a R-2 Zone. Applicant : Philip Hvidsten, 628 E. 3rd Action: Approve/Deny/Amend Variance Resolution No. 297 4 ) 7 : 40 P.M. PUBLIC HEARING : Request for a 15 ' variance from the front yard setback requirements & a 5 ' variance from the rear yard setback requirements in order to develop proposed Evergreen Plat . Applicant : Gary Laurent , Renden Development , 230 So. Lewis Action : Approve/Deny Variance Resolution No. 295 5) Other Business 6) Adjournment • Don Steger City Planner 10 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, Minnesota March 4 , 1982 Chrmn. Schmitt presiding 1) Roll Call at 7 : 45 P.M. 2 ) Approval of Minutes from February 4 , 1982. 3) 7 : 45 P .M. PUBLIC HEARING: Request for renewal of existing Conditional Use Permit to continue operation of a Class II Restaurant in a B-i Zone (PC 82-8 C/R) . Applicant : Gary Shehan, Sub-Machine Shop, 1350 E. 1st Action : Renew/Deny Renewal of Conditional Use Permit Resolution No. 270 4 ) 7 : 50 P .M. PUBLIC HEARING: Request to amend conditions of existing Conditional Use Permit ; said amendment to provide for additional hours and days of operation for a nursery school in an R-2 Zone (PC 82-10 C/A) . Applicant : Maureen Strehlow, 3059 Hauer Trail Action : Amend/Deny Amendment to Conditional Use Permit Resolution No. 271 5 ) 7 : 55 P.M. PUBLIC HEARING: Request for a Conditional Use Permit to occupy a mobile home as temporary living quarters while assisting in the family farming operation in an AG Zone (PC 82-6C) . Applicant : Roger Whipps , Route 1, Box 333 Action: Approve/Deny Conditional Use Permit Resolution No. 296 6 ) 8 : 00 P.M. PUBLIC HEARING: Preliminary Plat of Evergreen; a proposed subdivision lying W. of Polk St . , So. of Mn. Valley Mall Shopping Center & along the westward extension of 13th Avenue . (PC 82-5P) . Applicant : Gary Laurent , Renden Development , 230 Lewis Action : Recommendation to Council 7) Request to vacate alley in Lot 1 & 2 , Blk. 30, O.S.P. (lying between Lewis & Holmes St . and 2nd & 3rd Ave. ) . Applicant : David Moonen, 236 Lewis Action: Recommendation to, City Council / 0 8 ) Information Items : a) Review of Sharon Fenske Conditional Use Permit to operate a dance studio in her home at 642 Adams ; b) Annual Review of Conditional Use Permits; c ) d) • 9) Other Business 10 ) Adjournment Don Steger City Planner // PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPM:ia;, MINNESOTA FEBRUARY 4, 1982 The City Attorney administered the Oath of Office to Comm. Beverly Koehnen and Comm. Dave Czaja simultaneously as Commissioners of the Planning Commission and Board of Adjustments and Appeals of the City of Shakopee. Chrm. Schmitt called the meeting to order at 7:55 P.M. with Comm. Rockne, Koehnen, Czaja, Stoltzman and Perusich present. Absent was Comm. Coller. Also present were Don Steger, City Planner; John K. Anderson, City Admr. and Cncl. Vierling. FLECTIONS The City Planner was appointed as election official and asked for nominations for Chairman for the Planning Commission. Koehnen/Perusich nominated John Schmitt as Chairman of the Planning Commission. Rockne/Stoltzman moved that nominations for Chairman cease. A unanimous ballot was cast for John Schmitt for Chairman of Planning Commission. Stoltzman/Schmitt nominated Joseph Perusich for Vice-Chairman of Planning Commission. Rockne/Koehnen moved that nominations cease for Vice-Chairman. A unanimous ballot was cast for Joseph Perusich for Vice-Chairman of Planning Com- mission. Koehnen/Rockne moved to approve the minutes of January 7, 1982 as kept. Motion carried with Comm. Czaja abstaining. PUBLIC HEARING - Lange Tank (Ashland Chemical) CUP (PC 82-1C) Stoltzman/Perusich moved to open the public hearing on the request for a conditional use permit for the storage of bulk liquids in an I-2 Zone. Motion carried unani- mously. The City Planner stated the applicant is Lange Tank and Maintenance Inc. for Ashland Chemical Co. , which is requesting a conditional use permit to install five above- ground vertical steel tanks for the bulk storage of liquids at the Ashland Chemical Co. plant at 4401 Valley Industrial Blvd. South. He stated staff recommends ap- proval of the conditional use permit. Discussion followed with the applicant stating the new tanks will be incorporated into the already diked area. Discussion centered on fire and explosion precaution and precautions against water pollution. The City Admr. stated the City does have a policy of requiring a statement of what is being stored in each tank, and someone in the Fire Dept. would inspect the facilities annually. More discussion followed. Chrm. Schmitt asked if the applicant had any comments, and a representative stated the Ashland Chemical plant has been in operation for approximately 12 years, and it was originally built to accomodate additional tanks, with the underground fittings already in. Chrm. Schmitt asked if there was anyone else _i_n the audience who wished to comment, and there was no response. Shakopee Planning Commission February 4, 1982 Page 2 Perusich/Rockne moved to close the public hearing. Motion carried unanimously. Perusich/Stoltzman offered Conditional Use Permit Resolution No. 293 to allow the installation of five above-ground liquid storage tanks at the Ashland Chemical Co. site, with the requirement that the company's emergency procedure plan be filed at City Hall and be reviewed by the Fire Dept. annually. Motion carried unanimously. The City Planner informed the applicant there is a 7 day appeal period, and after which time the applicant may apply for a building permit. PUBLIC HEARING - Amendment to City Code (Design Standards for Streets) Stoltzman/Czaja moved to open the public hearing on the amendment to the Shakopee City Code Section 12.07, of the Subd. Regulations entitled Design Standards, Subd. 1B. Motion carried unanimously. The City Planner stated it was noticed that design standards for one-way streets not included in the Subdivision Regulations. He explained there are three sets of standards; for local, collector and arterial streets. Discussion followed centering on width of streets. The City Planner stated these standards would set up minimum widths and rights-of-way, but the City could require additional width if needed in any particular area. Chrm. Schmitt asked if there were any comments from the audience. A developer in the audience stated the City needs an ordinance setting up standards for one-way streets so they can work with it in their proposal. Koehnen/Stoltzman moved to close the public hearing. Motion carried unanimously. Perusich/Stoltzman moved to recommend to the City Council the amending of the Shakopee City Code, Sec. 12.07, Design Standards , Subd. 1 B-1, Specific Streets, by adding one-way street classification as follows: Pavement Width Right-of-way Local 24 feet 45 feet Collector 24 feet 55 feet Arterial 24 feet 60 feet Motion carried with Comm. Rockne opposed. DISCUSSION - Shakopee Sports Center CUP renewal The City Planner stated it is time for the annual renewal of the conditional use permit for the Shakopee Sports Center. He stated the applicant, John Laudon, is requesting that a review, rather than renewal, be undertaken for the conditional use permit because of the high abstract fees he would have to pay to supply the tnames of adjoining property owners for a public hearing, which is a requirement in e renewal prose s. The City Planner stated there have been no complaints against this property in the past year, and therefore recommends a simple review of the operation. Chrm. Schmitt stated he has been watching the property and must complement the applicant that the lot has vastly improved, and suggested a review, rather than renewal. The City Planner stated the applicant did act in good faith according to Planning Commission's requirements in initiating proceedings for a renewal with public hear- ing, but when he realized the costs involved at that point he asked if it was Shakopee Planning Commission February 4, 1982 Page 3 possible to have the Planning Commission go through a review instead. Comm. Koehnen stated she would like to see one more renewal to give the people in the area notice that the permit will be final. She stated she believed if the people in the area did not get a chance for one more public hearing, it would cause more problems in the future' for Lhr' applicant. Comm. 1'orucich stated IP the peflpH ;in the area have not complained in a year, they must be satisfied. Chrm. Schmitt asked if the applicant had any comments to make, and Mr. Laudon stated there are quite a number of people in the area that he would have to notify for a public hearing. He stated that last year the Planning Commission set up criteria that he feels he has met. If he is subject to renewal if will cost so much money for an abstract company, and he just can't afford it. He stated he has no problem with the conditions being looked at on an annual basis as he has no problem main- taining the property as it has been for the last year, but he would request that it be made final and he not have to be subject to the costs of a public hearing. Perusich/Stoltzman moved to amend Conditional Use Permit Resolution No. CC-143, granting an open sales lot in a B-1 Zone for Shakopee Sports Center, to include as a condition "annual review" and delete the condition "annual renewal". Comm. Koehnen and Chrm. Schmitt explained the background regarding this property to Comm. Czaja. The City Planner asked for clarification as to whether or not the reviewal should come back to the Planning Commission or just staff. Consensus was that it can be a staff reviewal unless there are any problems, at which time the Planning Commission may request the applicant to attend a meeting. More discussion followed. Perusjch/Stoltzman moved to discussion cease. Motion carried unanimously. Perusich/Stoltzman moved to amend the motion to reconfirm the conditions as set forth in Conditional Use Permit Resolution No. CC-143, as follows: 1. The continued maintenance and upkeep of the entire site. 2. Unloading be restricted to the alley and hoist area only. 3. The lot be used for the display of boats as per their sketch plan; not for the extended storage of boats, trailers or cars owned by other persons. 4. All boats be stored at least 10 feet back from the front property line and 10 feet back from the side yard. 5. Loading and unloading be restricted to the hours between 7:00 A.M. and 8:00 P.M. Motion to amend carried with Comm. Koehnen opposed. Main motion as amended carried with Comm. Koehnen opposed. Rockne/Perusich moved that the review on Conditional Use Permit Resolution No. CC-143, has shown satisfactory performance by the Shakopee Sports Center and that subsequent review be set for the first meeting in February 1983. Motion carried with Comm. Czaja abstaining. DISCUSSION - Review vs. Renewal: City Planner stated that maybe a clarification is needed between review and renewal. Discussion followed. Shakopee Planning Commission February 4, 1982 Page 4 Perusich/Czaja moved to set the following definitions: RENEWAL: Formal public hearing conducted by Planning Commission. REVIEW Staff reviews as to conditions of original permit and reports to Planning Commission. Planning Commission may require the applicant's appearance if circumstances warrant it. Discussion followed regarding catagorizing all the conditional use permits by ori- ginal intent to fit the definitions of review or renewal. The City Planner requested Planning Commission to keep in mind the amount of paperwork created for staff when determining which conditional use permits they want renewed. Motion carried unanimously. INFORMATIONAL ITEMS The City Planner informed the Commissioners that when City Council reviewed the annual report, they commended Planning Commission on the fantastic job done over the last year, and stated that because of this work, it has eliminated a lot of work for the Councilpersons. The City Planner stated the City Council agreed with the Planning Commission's comments regarding keeping the conditional use permit requirement for bulk liquid storage tanks, and thought the reasons were valid. Comm. Stoltzman inquired about the new tank installed near the rear of the Super America station. The City Planner would check it. He also asked staff to check if a berm was needed around the bulk tank on the Dressen Oil property. Perusich/Czaja moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:55 P.M. Don Steger City Planner Diane S. Beuch Recording Secretary PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 4, 1982 Chrm. Schmitt called the meeting to order at 7:36 P.M. with Comm. Perusich, Stoltzman, Koehnen, Rockne and Czaja present. Absent was Comm. Coller. Also present were Don Steger, City Planner; John K. Anderson, City Admr. and Cncle Vierling. The City Planner was appointed as election official, and he asked for nominations for Chairman of Board of Adjustments and Appeals. Rockne/Koehnen nominated John Schmitt for Chairman of Board of Adjustments and Appeals. Stoltzman/Koehnen moved that nominations for Chairman be closed. Motion carried unanimously. A unanimous vote was cast for John Schmitt for Chairman. Koehnen/Stoltzman nominated Joseph Perusich for Vice-Chairman of Board of Adjust- ments and Appeals. Stoltzman/Czaja moved that nominations be closed for Vice-Chairman. A unanimous vote was cast for Joseph Perusich for Vice-Chairman. Comm. Perusich stated he didn't think he seconded the motions indicated in the minutes of the December 10, 1981 meeting, as he chaired the meeting. It was de- termined the seconds must have been made by Comm. Stoltzman. Perusich/Stoltzman moved to approve the minutes of December 10, 1981 as corrected with Comm. Stoltzman seconding the two motions. Motion carried with Comm. Koehnen abstaining because of her absence at that meeting. PUBLIC HEARING - Fox Variance (PC 82-3V) Perusich/Rockne moved to open the public hearing on the variance request to allow construction of an attached garage. Motion carried unanimously. The City Planner explained that the applicant is James E. Fox, who is requesting approval of a three foot side yard variance to allow the construction of an attached garage at 1708 W. 12th Avenue. The City Planner stated he received a call from the applicant's neighbor to the east, who would be the closest to the proposed garage. This neighbor stated he had no objection to the construction of the garage as long as it didn't interfere with a possible solution to the neighbor's drainage problem. The City Planner stated that it did not. Chrm. Schmitt asked if there were any comments from the audience regarding this public hearing, and there were none. Perusich/Stoltzman moved to close the public hearing. Motion carried unanimously. Koehnen/Stoltzman offered Variance Resolution No. 294, granting a three foot side yard variance to construct an attached garage, and moved its adoption. Motion carried unanimously. Shakopee BOAA February 4, 1982 Page 2 The City Planner explained to the applicant that there is a seven day waiting period during which time this decision can be appealed, and after that time a building permit may be requested. Perusich,Koehnen moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:53 P.M. Don Steger City Planner Diane S. Beuch Recording Secretary 1 IV - v 1 i 4 L".1 8 d K N N 00 h7 C7 I-, - -X rb N .. r. •• 0Ln 00 •• rtGH • r r 8 '17) t 'L3 '17; rt C7 • Cr) • r• a '0 CD (D a • r-r • n • cn ►,; • C • A W N - vn H' �In x Vd o rt w O ' rho m G W •• r• o, •• r• N ••CD Po Cr' rt C P.., Orr Ort 1 o G (0c crn (D y H N (D H. rt 't7 C) 'LS n rt rt r• p m o o • O CO • W W m CD cn G G U Orr G m (2" r G • G , • r• Itp n n 0 r• r u • W VC7 N F UDHCDb F Po •• C) - o o w ocr • odor y O H O o r• ;q . ( C C) 0 '• ". CD x • B C 9 H 00 N a N I. I--' V n "d In W H .. p 1---'-P-. 1 O 9 G F-3 H• G z7 cn r• 9 1• -"CM U) • o U t.ti 1 N O"., .O N In , H 1- U P> K . J N N H 'I . O W 01 Cl) 1 . ./‘ CITY OF SHAKOPEE BUILDING ACTIVITY REPORT February, 1982 PERMITS ISSUED Yr. to Date Total Previous Year Number ' Number Valuation Number Valuation 5548-5557 ' • MO . YTD. Single Fam.-Sewered - - - 1. 2 108,000 > ingle Fam. -Septic - 1 78, 500 1 1 75,000 hlul Liple t)wcl I inf;.; - - _ - - - (Mo.Units) (YTD Units) - - - - - - Dwelling Additions 1 1 1 , 945 - - - Other 2 2 33 , 780 - - - Business District - - 1 1 40, 000 Agricultural - - - - - Iti(Iu:,i,r' ial -Sewer•ed - - - - - Industrial -Septic - - 1 1 425 , 000 Accessory/Garages - - - 1 1 6,000 Signs & Fences 5 5 9,468 - 1 100 Fireplaces/Wood Stove - 3 4, 155 - 1 600 Grading/Foundation - 1 1 , 165 - - - Remodeling (Res. ) 1 2 4,000 1 1 1 , 200 Remodeling ( Inst . ) - - - 1 1 - Remodeling (Other) 1 6 634, 428 2 5 2.10, 900 TOTAL TAXABLE 10 21 767 , 441 8 14 866, 800 TOTAI, 1NSTI'I'UTICNAL - - - 1 1 - GRAND TOTAL 10 21 767 , 441 9 15 866, 800 MO . YTD. MO . YTD. V. i ;iOct . 2 3 - - conditional Use 2 4 - 1 Ge-Zoning - - - - Moving - - - - Electric Permits 7 11 9 26 Clmbg. & Htg. Permits 8 11 11 17 Ha:' ing Permits Residential _ _ - - Commercial - - i Total dwelling units in City after completion of all construction permitted Lo date 3,509 Cora Underwood P I dg Dept. Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN FEBRUARY, 1982 5548 Wilbur Schroers . 1050 S. Market Porch $ 1 , 945 5549 Don Nelson 101 E. 1st Ave. Sign 250 5550 Scottland, Inc . 5101 Valley Ind. Blvd. Sign 2 , 406 5551 Scottland, Inc . 4901 Valley Ind . Blvd. Sign 2 , 406 5552 Scottland, Inc . 5244 Valley Ind. Blvd . Sign 2 , 406 5553 Associated Properties 600 County Road 83 Alt . 478 5554 Ashland Oil 4401 Valley Ind. Blvd. Stg. Tanks 32 , 480 5555 John Schwartz 2024 Eagle Creek Blvd. Add. -Other 1 ,300 5556 Attracta Sign 1350 E. 1st Ave. Sign 2 ,000 5557 John Neely 1043 S. Main Repair 3, 000 $48, 671 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 2 , 1982 Mayor Reinke presiding 1 ] Roll Call at 7 :00 P.M. 2] Recess to conduct ari H.R.A. Meeting 3] Reconvene 4] Approval of Minutes of February 16 , 1982 5] Communications : a] Petition re : parking restrictions on Fuller St . North of First Avenue and in the parking lot to the East b] League of Mn. Cities re : PERA Early Retirement - Employer Back-off c ] Phillip Krass re : K-mart Tax Increment property valuation d ] Phillip Krass re : Fiscal Disparities Law e ] Lloyd Schnelle , Ramsey City Admr . re : Repealing of the Fiscal Disparities Act 6 ] Liaison Reports from Councilmembers 7 ] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS : 8] Old Business : a ] Joint Powers Agreement - Seven Member Committee b] Deferred Compensation - (Res . No . 1986 , establishing an additional plan) 9 ] Planning Commission Recommendations : None 10 ] Resolutions and Ordinances : a ] Ord . No. 90 - Establishing Right-of-Way Widths for One Way Streets b] Res . No. 1982 , Establishing The Energy and Transportation Committee 11 ] New Business : a ] Request for Funding for the Shakopee Senior Citizen Center Director - Discussion b] Murphy ' s Landing Sewer Charges c ] Valley Cues , Inc . - roof drains d ] Move that the bills in the total amount of $45 , 522 .44 be allowed and ordered paid e ] Nominations to fill expiring term on the Shakopee Public Utilities Commission f ] Shakopee ' s Two Percent 429 Improvement Project Interest Surcharge g] Park Dedications Now Due h] Developers Agreement 12 ] Consent Business : a ] Building Equipment Maintenance Contract b] Purchase of a 1982 22 ton dump truck c ] Replacement of Traffic Radar Unit 13 ] Other Business : a] Engineering Monthly Report b]c �p 14] Adjourn to Tuesday , March 16th at 7 : 00 P .M. John K. Anderson, City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE • Shakopee , Minnesota Special Session March 2 , 1982 Chairman Leroux presiding 1 . Roll call at y:00 p .m. 2 . Approval of Minutes of February 2 , 1982 3 . Adopt Resolution No. 82-2 Amending the By-Laws 4 . Discussion of Conflict of Interest Disclosure by Commissioners S . Fourth and Minnesota Neighborhood Revitalization Project a. Report of current financial position b. Phase III buyer selection 6 . Transfer of Funds for Hi-Rise Staff Costs 7 . Other Business 8 . Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA YEBRUARY 2, 1982 Chrm. Leroux called the meeting to order at 7:00 P.M. with Comm. Vierling, Lebens and Colligan present. Comm. Wampach arrived later. Also present was Jeanne Andre, HRA Executive Director. Lebens/Colligan moved to approve the minutes of January 5, 1982 as kept. Motion carried unanimously. The Executive Director discussed the suggested revisions to the proposed By-Laws of the HRA. Leroux/Colligan moved to rescind all of that portion underlined in the proposed By- Laws under ARTICLE III, Sect. B, except the last two words "for approval", and to re-insert the term "Executive Director" and eliminate the next line that says "City Administrator with assistance from the Executive Director". Discussion followed re- garding how the HRA budget should be prepared and presented, with consensus being that the Executive Director should prepare the budget and present it directly to the HRA. Comm. Wampach arrived at this point, 7:20 P.M. Motion carried unanimously. Colligan/Vierling moved to direct staff to make a final draft of the By-Laws with the revisions agreed upon for presentation to HRA at its next meeting. Motion carried unanimously. Colligan/Vierling offered Resolution No. 82-1, A Resolution Appointing a Responsible Authority For the Shakopee Housing and Redevelopment Authority To Comply With The Minnesota Government Data Practices Act, and moved its adoption. Motion carried unanimously. Colligan/Lebens moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:37 P.M. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE: Resolution 82-2 , Amending the By-laws DATE: February 25 , 1982 Introduction At its January 5 , 1982 meeting, the Shakopee HRA considered certain revisions to the organization by-laws . Adoption of the revisions was delayed until the next meeting of the HRA to conform with the existing Article IV-Amendments . Background Attached is the retyped version of the amendments incorporating revisions prepared prior to the January meeting and those revisions suggested at the meeting. If the members find these revisions in order, the attached resolution will formally adopt the by-laws as revised. Recommended Action Adopt Resolution 82-2 , A Resolution Amending the By-Laws of the Housing and Redevelopment Authority in and for the City of Shakopee , Minnesota . JA/jms BY-LAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE MARCH 2, 1982 • Originally Adopted May 14, 1968, Amended in Resolutions 77-1, January 5, 1977; 77-3, January 11, 1977; 77-5 December 13, 1977; 80-7, August 5, 1980; 82-2, March 2, 1982. 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 Stat- utes 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 appointments 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 Redevelop- ment Authority in and for the City of Shakopee, Minnesota" and herein- after 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. OMIT, Resolution 80-7, August 5, 1980. Sect. C - OFFICE. The principal office of the Authority shall be determined by resolution of the Authority. ARTICLE II - ORGANIZATION Sect. A - MEMBERSHIP. The Authority shall consist of five Commissioners as established in Minnesota Statutes, Section 462.425, Subdivision 5, who are residents of the City of Shakopee. Members shall be appointed by the Mayor and approved by the City Council by resolution. Sect. B - OFFICERS. The officers of the Authority shall be the Chairman, Vice Chairman, and Secretary. They shall be elected by and from the Com- missioners at the Annual Meeting of the Authority immediately after By-Laws (continued) (2) 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 unexpired 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 Chair- man 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 pre- side 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 Commissioners attending the meeting may elect a Secretary 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 Secre- tary may delegate to the Executive Director such of his powers as he is not legally required to execute person- ally. Sect. C - MEETINGS. Parliamentary procedure at meetings of the Authority 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 the next businees 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. Sub-Sect. 1 - ANNUAL MEETING. The annual meeting of the Authority shall be held on the first Tuesday in January at 7:00 P.M. Sub-Sect. 2 - REGULAR MEETINGS. The date of regular meetings shall. be established by resolution. By-Laws (continued) 3 (3) 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 concerning the acquisition of property, an affirmative vote of at least three (3) Commissioners shall be necessary. Sect. D - 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 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 Author- ity 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 Author- ity for general administrative purposes; however, other fiscal years for specific purposes or undertakings of the Authority may be estab- lished as required or desirable. Sect. B - BUDGET. A budget shall be prepared by the Executive Director and submitted to the Authority for approval. Sect. C - STAFF. The staff of the Authority shall be employed in accordance with policies to be determined by the City of Shakopee. The filling of staff positions shall be in accordance with the current operating budgets approved by the Authority. Sect. D - CONTRACTS AND PROCUREMENT. Sub-Sect. 1 - All construction work, and work of demolition and clear- ing, 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 By-Laws (continued) (4) 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 prevailing wages as required by law and by contract with Federal agencies. Sect. E - DISBURSEMENTS. Sub-Sect. 1 - FEDERAL FUNDS. All funds received from the Government 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 - DEPOSITS. OMIT, Resolution 82-2, Sub-Sect. 3 - CHECKS. OMIT, Resolution 82-2, Sect. F - ACCOUNTING SYSTEM AND AUDIT. Sub-Sect. 1 - ACCOUNTING SYSTEM. The accounting system for the Author- ity will be operated in the same manner and in combina- tion with the accounting system for the City of Shakopee, with a separate fund established to account for the Authorities monies and investments. Deposits and draw- ing 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. 2 - 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 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. 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 - MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE: Conflict of Interest Disclosure by Commissioners DATE: February 25, 1982 Introduction The attached resolution requires certain disclosures of real estate interests of HRA Commissioners . The HRA should discuss the pro- visions of the resolution and provide for. compliance . Background Research undertaken to provide background for the proposed amend- ments to the by-laws uncovered other resolutions with ongoing repercussions . Resolution No. 76-1 , A Resolution Requiring Certain Disclosures as Herein Provided, is one such resolution. It requires each commissioner to provide a written disclosure of real estate interests in the City of Shakopee . Copies of such disclosures are on file for commissioners serving in 1976 . However no such dis- closures are on file for any Commissioner currently seated. There- fore the Commissioners should discuss this issue and recommend either rescindment of the resolution or compliance by all Commis- sioners . Alternatives 1 . Rescind Resolution 76-1 and cancel all of its provisions . 2 . Amend Resolution 76-1 to revise its provisions . 3 . Request compliance with Resolution No. 76-1 by all HRA Commissioners . Recommended Action Move that each Commissioner of the Shakopee Housing and Redevelop- ment Authority (HRA) be requested to make a written declaration under oath of his or her ownership or any interest in real estate in the City of Shakopee and the nature and extent thereof, to be placed on file with the Executive Director on or before April 1 , 1982 , to be disclosed at the April meeting of the HRA. Updates to this declaration to be filed each year by December 31 , for dis- closure at the annual meeting. JA/jms r RESOLUTION NO. 76-1 A RESOLUTION REQUIRING CERTAIN DISCLOSURES AS HEREIN PROVIDED WHEREAS ,. Under the present-day circumstances, many questions are raised concerning possible conflicts of interest on the part of public officials and members of official and quasi-official boa •ds with public functions or quasi-public functions or whose actions affect or could possibly affect members of the general public directly or indirectly; and WHEREAS, The Shakopee Housing Redevelopment Authority C_e:,ms it of paraeount importance to ward off and forestall the raisin- in the future of any question or even hint of conflict of interest between the members and the aims of the Authority. NOW, THEREFORE , BE IT RESOLVED BY THE SHAKOPEE HOUSING & REDEVELOPMENT AUTHORITY functioning in Shakopee, that each member of the Authority at the time of appointment and before assuming office shall make a written declaration under oath of his or her ownership or any interest in real estate in the City of Shakopee and the nature and extent thereof, be it fee ownership, less than fee ownership, a security interest or a leasehold for a period of longer t h,ar. three veare . ee I'T FURTHER aESOI.VE D, That each member of the Authority, at lac! Aeeual MeeLin,;; Gf the Authority, starting with the 30th day of . pril , 1976, shall make a disclosure of the nature and extent of his or her interest: or any real estate in the City of Shakopee , be t fee t�nc z i" t !er:q than e-* ownership, a eccurit:Y interest or a lee ,- 01.A .c.id for a period of longer than three y€ars HE IT FURTHER RESOLVED, That such disclosures shall. he writing and filed with the Executive Director and the Secretaryof the Conmiesion. Ador.:ted in ro -ular meeting of the Shakopee Housing & Redevelop- w rent Authority this / 0 day of jvvct , l` , 1976. eer lr Chairman r the Shakopee HRA eT;EsT : Executive Director -A, . ,) � . i Secretary of the Shakopee HRA J c MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE: Report of Current Financial Position Fourth and Minnesota Neighborhood Revitalization Project DATE: February 25 , 1982 Introduction As previously reported, the Fourth and Minnesota Revitalization Project is nearly completed, and the grant will be closed out when all available grant funds are depleted. Updated information is herein provided. Background The majority of grant funds were expended at the completion of the public improvements . A smaller amount of money has been expended in the past year, largely on staff and minor projects related to the completion of the 235 homes . When last reported to you it was anticipated that remaining funds would be expended for staff salaries related to this project and possibly the construction of a walkway from Minnesota Street to Outlot A. Recently during the City audit it has come to light that previous reports used to determine salaries paid out under the grant did not include benefits , which are allowed under grant guidelines . The benefits paid out in 1980 and 1981 total approximately $2700 which is significantly less than the approximately $1700 remaining in grant allocation. Therefore no grant dollars are available and any future expenditures for the Fourth and Minnesota Project must be reimbursed from the HRA general fund. Requested Action Given this series of events I wish direction on whether to proceed with a detailed report on the construction of a walkway to be funded from the HRA general fund, or whether to drop this project . JA/jms MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE: Phase III Buyer Selection and Approval DATE: February 26 , 1982 Introduction In phase three of the 235 homeownership program three additional units are to be constructed. This report is an update on the status of buyer selection and approval with additional direction from the HRA Commissioners solicited. Background Buyers were selected for the three remaining units , two small families and one large . None of the three selected families have been approved, and one has been denied credit . Another family has been selected and will apply to the back shortly. Although approval is anticipated shortly for two of the families , I am concerned about meeting the March 31 , 1982 , deadline for firm commitments in order to assure 235 mortgage funding. I therefore recommend a deviation from previous procedure as follows : 1 . Submit another buyer for a credit check with the bank. 2 . Execute purchase agreement with this buyer if one of the others is denied credit . 3 . Follow the Commissioner' s directive of January 5 , 1982 , to give preference to any application from a non-contingent buyer. Requested Action Move to approve HRA Director' s recommendation to submit an additional buyer for a credit check as a back up to three selected buyers in order to meet the March 31 , 1982 deadline for firm commitments if one of the previously selected buyers is rejected. JA/jms MEMO TO: Jeanne Andre, HRA Director FROM: Gregg Voxland, Finance Director RE: Transfer of 'Funds for Hi-Rise staff costs DATE: February 17, 1982 Request that the HRA approve of the transfer of funds in the amount of $2,613.68 from the Hi-Rise Tax Increment Project to the HRA Fund for staff costs incurred on the project for 1980 and 1981. GV/ljw a) 0 (-) .1 fir) "'k &-11" V"6 C: %) 4;71k. 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Peterson) , HF 1625 (Reding) has passed out of committee and is on the floor in both houses. The bill allows retirement with an unreduced pension when a member has any number of years of service which when added to his or her age equals 90. Thus a person with 35 years of service could retire at age 55 with no benefit reduction for early retirement. The bill also reduces the penalty for early retirement for persons not qualifying for the "rule of 90. " Persons 58 years of age with at least 20 years of service may pres- ently retire at 58 with a pension reduced by the full actuarial cost of the early retirement which amounts to 6% per year. The bill would reduce that penalty to 3% per year. Arguments have been made by PERA that the bill will encourage early retirement of basic plan members benefiting the fund by reducing the number of members whose member- ship results in a net asset loss to the fund. Of course the early retirement benefit would also be available to coordinated members who presently represent a net gain to fund assets for each such member. Questions have been raised by legislators as to whether it makes sense to promote early retirement when national trends and demographics may indicate a longer working career is needed to support a population which is living longer. But this benefit in- crease has momentum, Employer Back-off The cost of the early retirement provisions of the bill are estimated by the PERA actuary to be ,487% of salary. The League has suggested to the Senate and House com- mittees a roughly equivalent reduction in the employer extra contribution, Neither committee was receptive. But if cities make known to their legislators their need to save these funds for local programs we might be able to amend the bills on the floor., The employer reduction should probably be rounded to .5% of salary since the early retirement benefit will be granted to all PERA members while the back-off of (over) 300 hanover building, 480 cedar street, saint paul, minnesota 55101 C6123222-2861 the employer extra contribution would only be on the coordinated plan. Such a contri- bution reduction would result in a saving to local units of $4.5 million. The PERA actuary calculates that there is about .812% of salary excess coming into the fund at present. Thus if both the benefit and a .5% back-off were granted the funding would be slightly less than .1% in deficit. However if the predicted savings on the basic plan are true, that .1% deficit might well turn out to be a .1% surplus. Because actuarial science is not very precise, .1% of salary is a negligible number. Thus PERA should still be fully funded by the 2009 target date. Act Now If cities are to seize this opportunity to benefit equally with their emp oyees, as the state did earlier this year when it reduced both employer and employee contributions to the Minnesota State Retirement system, cities must make this case now directly to their legislators. Legislators should be reminded that in January 1982 they granted state employees the benefit of a .27% of salary reduction in employee contributions and the state as employer received a .4% of salary reduction. The same principle of sharing the benefits from increasing pensions funding levels between government employees and the taxpayers dictates that employer extra contribution should be reduced propor- tionately to any benefit increases. If .5% of your coordinated payroll would ease your budget situation, call your legislators. Law Offices of KRASS, MEYER & KANNING RECEIVED ------------- Chartered C 'IQV Shakopee Professional Building t. 1` Phillip R. Kress 1221 Fourth Avenue East Barry K. Meyer Shakopee, Minnesota 55379 Philip T. Kenning (612)445-5080 C%1Y t• ;: a,` V'? Trevor R. Walston ( • • ' ' February 24, 1982 Mr. Don Martin Scott County Assessor Scott County Courthouse Shakopee, MN 55379 Dear Don: I assume you are acquainted with the case of Federal Reserve Bank of Minneapolis versus State of Minnesota which was decided by the Supreme Court last December 17. In that case the Court determined that for a special purpose property where market value cannot readily be determined by the existance of a financial market, methods such as reproduction cost must be used. You may be aware that the negotiations with the City of Shakopee, Kmart Corporation contended that its regional distribution center was a special purpose property and convinced us to lower their valuation as a result. In retrospect, I am afraid we have been had. Since you are the one who is going to be doing the valuation of that property from now on I wanted to make cer- tain you were acquainted with that case and offer my unsolicited opinion that in Jight of it we have undervalued Kmart. From the standpoint of all parties concerned you might well want to look into the Kmart valuation closely since it is in a tax increment financing district and the quicker we get those bonds paid off, the quicker it will be on the tax rolls. Give me a call if you think I can provide you any additional information. Thank you. Yours very truly, KRASS, MEYER, KANNING & WALSTEN CHARTERED Phillip R. Krass PRK:smb Enc File#1 -1373-120a cc Mr. John Anderson Sc Law Offices of KRASS, MEYER & KANNING Chartered Phillip R. Kress Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kenning Shakopee, Minnesota 55379 Trevor R. Wa!sten (612)445-5080 February 23, 1982 Mr. John Anderson City Administrator 129 East 1st Ave. Shakopee, MN 55379 Dear John: Enclosed please find the opinion I received today from the Supreme Court affirming Judge Gustafson 's tax court opinion upholding the Fiscal Disparities Law. This is a most disappointing result and I find it almost incomprehen- sible that the Court did not even write an opinion on a case this important with the legal effort done by all parties. I mentioned to you that during the course of our oral arguments, several of the Justices asked whether or not the City of Shakopee was making any efforts in the legislature to straighten out some of the problems we were bringing before the Court. As you recall , we had requested of both Senator Schmitz and Representative Reese that no action be taken on the Fiscal Disparities Law until the Supreme Court had made its decision. Now it would appear that we should give both of them the green light to attempt to rectify some of the problems that we have raised. I am sorry I am not able to give you better news. Yours very truly, KRASS, MEYER, KANNING & WALSTEN CHARTERED / Phillip R. Krass PRK:smb Enclosure File RECEIVED FFB2 -41982 CITY 4irL K©PEE i STATE OF MINNESOTA IN SUPREME COURT Wayne C. McCutcheon, et al , Krass, Meyer & Kanning Phillip R.Krass & Trevor F Relators, Waisten, 1221 4th Ave.E. vs. 81-368 ShakopCe, MN 55379 State of Minnesota, et al , Warrrn Spannaus , Atty . C;enl and Respondents , William P. Donohue & U. Doug State of Minnesota, by Warren St. Paul Blanke, Spec, Assts, Spannaus, its Attorney General , 515 Transportation Bldg. 55155 defendant intervenor, Respondent, Metropolitan Council , defendant Karen A. Schaffer, Asst. intervenor, Staff Couns01 Respondent. 300 Metro Square Bldg. St. Paul , MN 55101 Amicus Curiae Levan er, Gi len ,Miller & Magnuson; Paul Magnuson & Daniel J. Beeson 402 Drovers Bank Bldg. So. St. Paul , MN 55075 on behalf of the Cities of Inver Grove Hts. ,Bloomingtoi Burnsville ,Chaska,ragan,Edei SUPREME COUR1 Prairie,llopkins, Lakeville ,• Rosemount & Savage. FILED i+ Allen I. Sacks 1200 Natl.City Bank Bldg. .._ !- EB c1 c' Mpls. , MN 55402 Greer E, Lockhart JOHN McCARTHY 1520 Pillsbury Ctr. ct:ar• Mpls. , MN 55402 Earl F. Colborn , Jr. 4744 IDS Ctr. Mpls. , MN 55402 • David Graven 470 Pillsbury Ctr. Mpls, , MN 55402 Attorneys for Citi xens Leayut eP' Heard, considered and decided by the court en banc. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the judgment of the Tax Court, the Honorable Earl B. Gustafson, entered on March 3, 1981 , be, and the same is, hereby affirmed pursuant to Rule 136. 01 (2) , Rules of Civil Appellate Procedure. BY THF COURT: Jf -7 Associate Justice Flf-,:teir.-:;14.-467, 0 v -- �� C Ity O FEB 2143562 v f Ramsey � OP r Co 15153 NOWTHEN BOULEVARD N.W., RAMSEY, MINNESOTA 55;41 (1,'F2►KL;�'hl � • . POWN SN�� • February 22, 1982 TO: Shakopee City Administrator John K. Anderson FROM: Ramsey City Administrator Lloyd G. Schnelle ' ' ` SUBJ: Repealing of the Fiscal Disparities Act ENCL: (1) Letter from Representative Walter Hanson, District 62B, Ramsey County Enclosure (1) contains a letter from Representative Hanson which I think you may find rather interesting, as it seems this is the first time he has heard someone complain about the Fiscal Disparities Act. He sits on the Local and Urban Affairs Committee. Incidentally, we are finding that this is true in many of the cases where we have been in contact with legislators who serve on the committees that have to act on any repealing of the Fiscal Disparities Act. /po ` f Walter R. Hanson ' `' �nesota District 62B cRamsey County e of Committees: O. _•��, '7/ 4 ePresentatives Environment and Natural Resourcesrte, Local and Urban Affairs Zit/ Harry A.Sieben,Jr.,Speaker Taxes Chairman,Tax Laws Division Transportation NCSL Natural Resources and • ��, �' A `"°c�• the Environment FEB 1982 iJ ,fi '\1.t . ._1.1 .1 February 19, 1982 The Honorable Thomas G. Gamec Mayor, City of Ramsey 15153 Nowthen Boulevard N.W. Ramsey, Minnesota 55303 Dear Mayor Gamec: I appreciated receiving your letter of February 12 and the copy of the resolution from the City Council. I have been in the Legislature for almost ten years and to be quite frank, this is the first such resolution forwarded to me regard- ing the Fiscal Disparities Act. Also, I don't know what the intent of the Local and Urban Affairs Chairman is regarding this issue. However, you raise some good points that I will keep in mind if the Committee does take the matter up for discussion. Thank you for sharing your concerns with me. Since ely, if 44111 WALTER R. HANSON State Representative WRH/ya • Reply to: ❑ 299B State Office Building,St. Paul,Minnesota 55155 Office:(612)296-4232 rn 0 1136 Hague Avenue,St.Paul,Minnesota 55104 Home:(612)225-5418 CJ CQ_ /Furs A.GoLLER, ET JULIUS A COLLER ATTORNEY Al'' 1.A\\ 612-445-1244 1859-1940 2 11 WEST FIRST AVENUE SHAKOI'1:7:, ' 1ixxY1':\ 55320 Memo to: Don Steger, City Planner From: Julius A. Coller, II, City Attorney RE: Joint Powers Agreement - 7 member committee Date: February 15, 1982 As we discussed when you were in the office the other afternoon, I am writing this memo. My assignment was to redraft a Joint Powers Agreement between Scott County, the City of Shakopee and the Township of Jackson for planning and land use control with particular attention to protect the interests of the City of Shakopee. The original agreement waa advisory. This agreement is not advisory. It puts all the control into the hands of the Joint Committee for control and for that reason I feel that it is impossible to redraft the agreement. I do not feel that it is wise or proper for the City Council, an elective body, to delegate away its powers to an appointive body made up of residents of not only Shakopee but also Scott County at large and Jackson Township. I feel this would be an unwise delegation of power and would stimy,if not make impossible,the development and normal growth of the City of Shakopee along its Southwestern boundary. If it is felt the present agreement is not suitable, then I think there are only two options for the City of Shakopee. They are: 1. Eliminate Joint Powers Agreement and concept for the joint control of land use, or 2. Completely remodel the proposed agreement drawn by County Attorney Morris and revert to the concept of an advisory committee rather than the one proposed and submitted for the City's signature, but, before doing this I think probably the County and Jackson should be consulted because they may not be interested in going along any further as an advisory group. If I can throw any further light on this matter please contact me and in the meantime I am returning the material that you previously submitted to me in this connection. Pr 0 '4+-1Q-4 Ylk! Y.A1.00414 1 • A JOINT POWERS AGREEMENT BETWEEN SCOTT COUNTY AND THE CITY OF SIIAKOPEE AND TOWNSHIP OF JACKSON FOR PLANNING AND LAND USE CONTROL WHEREAS, the parties to this agreement have common or similar powers to plan and control land uses; and WHEREAS, guiding orderly development in the below described area involves interdependent interests of the citizens of the three governmental parties requiring joint planning and cooperation; and WHEREAS, Minnesota Statutes 414.033 provides for the establishment of a board to exercise planning and land use control authority within any area designated as an orderly annexation area by joint resolution and the governmental parties hereto desire to set forth the terms of the agreement by means of this resolution, NOW, THEREFORE, BE IT RESOLVED by the County of Scott and the City of Shakopee and Township of Jackson as follows: 1. That the purpose of agreement is to provide, in consideration of the mutual agreements herein contained, for joint planning and land use control in the following described area: That portion of Jackson Township North of the more Northerly Bluff area in Jackson Township the exact description for which shall be determined by the engineers for the City of Shakopee and Township of Jackson. Moreover all areas of Jackson Township which are annexed to the City of Shakopee pursuant to the orderly annexation joint resolution of the same date as this joint resolution, shall be included in said area. Moreover, those two areas which are being annexed to the City of Shakopee by ordinance, commonly known as "the Shopping Center" and "the McDevitt Farm" shall be included in this area. Moreover that portion of Tahpah Park presently located in the City of Shakopee which may affect Jackson Township by virtue of drainage questions, the exact description for which shall be determined by the engineers for the City of Shakopee and Township of Jackson, shall be included in this area. It is understood and agreed that the legal descriptions for the above described property shall be determined by the engineers for the City of Shakopee and the Township of Jackson and inserted into this agreement as an addendum thereto. 2. In the above described area the below seven man committee shall have all of the powers contained in Minn. Stat . Sections 462.351 to 462.364. It is agreed that the decisions of this committee will be final, subject to District Court appeal. -1- r or /Jy • 3. That the seven man committee shall be composed of one representative appointed by the County Board, three representatives appointed by the Town Board and three representatives appointed by the City Council. The members shall serve at the pleasure of the governing body which they represent. They may be replaced at anytime by their governing bodies for good cause shown. 4. That the seven man committee shall follow the procedure contained in Minnesota Statutes 462.351 to 462.364 in adopting or amending official controls and shall also have the duties of the board of adjustment outlined herein. i. That the City of Shakopee shall be responsible for administering and enforcing committee decisions for all areas within the joint use control area which are served by sewer or water by the City of Shakopee, and the committee shall select an administrator who is granted responsibility for administering and enforcing committee, decisions for the remaining joint planning area, though this will not preclude actions for the enforcement by the parties in the event that the administrator fails to do so. 6. That the seven committee members shall consult with the retpective governing bodies on all major decisions. The governing bodies retain the right to instruct their committee representatives to vote for or against particular proposals . 7. That the existing zoning in the above described area shall continue in effect until properly modified by the committee pursuant to notice and hearing. 8. The committee shall determine and designate all financial arrangements necessary to accomplish the planning, zoning or enforcement as contemplated by this joint powers agreement, and each governmental unit shall be responsible for reimbursing expenses of the members representing that governmental unit, and to pay any such member such stipend as is agreed upon by the cononittee. 9. That this agreement shall remain in full force and effect that the purposes stated herein for a period commencing on the date of it's final execution, until ninety (90) days after letting of the bids for the construction within Jackson Township, of the so-called "Jackson Interceptor" sewer system, unless terminated by mutual consent of all the parties, or superseded by a subsequent agreement of all the parties. -2- Adopted by the City Council of Shakopee, this day of June, 1980. Mayor ATTEST: , City Clerk Adopted by the County Board of Commissioners of Scott County this day of June, 1980. Chairman, County Board of Commissioners ATTEST: Auditor Adopted by the Town Board of Supervisors of Jackson Township this day of June, 1980. Chairman, Town Board of Supervisors ATTEST: Town Clerk -3- MEMO TO: John K. Anderson, City Administrator ..7) FROM: Jeanne Andre, Administrative Assistant RE: Deferred Compensation DATE: February 23 , 1982 Introduction The City Council previously expressed an interest in providing an additional deferred compensation program to employees , dependant on interest expressed by employees and the potential cost to the City in providing an additional program. Background Three new deferred compensation programs were considered for City participation. The Administrator, in cooperation with the Admin- istrative Assistant , selected the program which seemed optimum, which is the U. S . Conference of Mayors Deferred Compensation Pro- gram. Rationale behind this selection included: 1 ) service provided, 2 ) investment options and rates , 3 ) low service fees , 4) desire to serve full range of City employees , and 5 ) protection for City in case of liability. The benefit of providing a second option for employees besides the IDS ( Investors Diversifed Services ) is that the City will avoid a monopolistic situation. With competition between two programs , each representative will be encouraged to provide optimal service and add new programs to their participants . Information on the cost of adding a second program will be pro- vided in a second memo from the finance division. A meeting was held for City employees to hear about the IDS and U. S . Conference of Mayors program for deferred compensation. Thir- teen City employees expressed an interest in meeting individually with the representative of the U. S . Conference of Mayors deferred compensation program. However the representative cannot proceed with these meetings until the City adopts a resolution to partici- pate in the program. The City Council can also participate in deferred compensation with their City earnings . Alternatives 1 . Cancel City participation in the IDS deferred compensation plan and do not offer the benefit of such a plan to City employees . (There are currently three employees in this plan. ) 2 . Adopt no additional deferred compensation plan and leave IDS in a monopoly position. 3 . Adopt Resolution No. 1986 allowing City employees to participate in the U. S . Conference of Mayors Deferred Compensation Program as an alternative to the IDS plan. 4. Undertake full study of deferred compensation programs and select one program which will optimally serve City employees and offer that plan a monopoly position. John K. Anderson Page Two February 23 , 1982 5 . Agree to City participation in any deferred compensation program selected by one or two City employees as optimal for their needs . Recommended Action Adopt Resolution No. 1986 , A Resolution Establishing the U.S . Con- ference of Mayors Deferred Compensation Plan for the City of Shakopee . JA/jms g � MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Additional Payroll Deduction Programs DATE: February 25, 1982 You have requested that Finance provide an estimate of the additional cost incurred by a second deferred compensation program. Finance proviously sent a memo to you requesting that no additional payroll deduction programs be endorsed by the City be they insurance, savings, IRA's or deferred compensation. The reasons for this are to hold the line on incrementalism in the workload for finance and keep payroll as simple as possible. Deferred compensation is the immediate issue but requests for additional savings programs have been denied in the past. It is very difficult to try to pin a dollar figure on what it costs the City to process 12 or 26 additional checks per year particu- larly when payroll is involved. These would probably end up being hand- written checks and would cost the Finance department $20 to $40 a year for the accounts payable function (remitting the money to the company) . The cost involved with the payroll function is much more uncertain. It can take the payroll clerk anywhere from $20 to $600 to handle and reconcile a deduction program. If everything goes smoothly with no changes or problems during the year the cost could be in the range of less than $50. The potential is always there for things to go the other way with changes and problems such as with the deduction program offered for insurance with Minnesota Benefit Association. This program has cost Finance over $500 in the past year to administer. Mentioned above were previous requests for additional savings programs. The unwritten policy stance taken by the City Administrator and Finance in the past was that an additional plan would have to have a minimum of 10 participants before it would be considered. In the event Council decides to offer other deduction programs, Finance requests that a minimum number of participants be established (i.e. 8 or 10) and a second request is that billings from the company involved be required to be on a payroll basis as opposed to a monthly basis. A bill every payroll greatly simplifies the workflow and reconciling process. To reiterate in summary, costs for having a deduction program can vary from $40 to $600 from program to program, year to year, and Finance requests that no additional deduction programs be undertaken. GV/ljw $ -g- RESOLUTION NO. 1986 A RESOLUTION ESTABLISHING THE U. S . CONFERENCE OF MAYORS DEFERRED COMPENSATION PLAN FOR THE CITY OF SHAKOPEE WHEREAS , the City of Shakopee has a Deferred Compensation Plan adopted by Resolution No. 739 and amended by Resolution No. 839 providing certain substantial tax benefits for employees and elected officials participating in said Deferred Compensation Plan; and WHEREAS , such benefits will act as incentives to City employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their City retirement and Social Security ( if applicable ) , at no cost to the City; and WHEREAS , employees currently can participate in said plan with investment services provided by Investors Diversified Services ; and WHEREAS , the City has considered the establishment of an addi- tional Deferred Compensation Plan to be made available to all eligible City employees and elected officials , pursuant to the newly passed Federal legislation permitting such Plans ; and WHEREAS , the U. S . Conference of Mayors has established a master prototype deferred compensation program for cities and political subdivisions permitting its member cities and their employees to enjoy the advantages of this program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAKOPEE DOES HEREBY RESOLVE AS FOLLOWS : 1 . The City Council hereby adopts the U.S . Conference of Mayors Deferred Compensation Program and its attendant investment options as a City of Shakopee Deferred Compensation Plan, for the voluntary participation of all eligible City employees and elected officials ; and 2 . The City Clerk is authorized to execute for the City, individual participation agreements with each said employee request- ing same , and to act as the "Administrator" of the plan representing the City; and 3 . The City Clerk, City Administrator and Mayor are hereby authorized to execute such agreements and contracts as are necessary to implement the Program and it is implicitly understood that other than the incidental expenses of collecting and disbursing the employ- ees ' deferrals and other minor administrative matters , that there is to be no cost or contribution by the City to the Program. Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 1982 . Mayor of the City of Shakopee ATTT T /OC MEMO TO : John Anderson City Administrator FROM: Don Steger City Planner RE: Ordinance No. 90 (One-way Streets ) DATE: February 26 , 1982 Introduction: At the last City Council meeting, the City Attorney was requested to prepare an ordinance which incorporated one-way street standards into the City ' s Subdivision Regulations . This ordinance is attached for adoption. Action Requested : Move to adopt Ordinance No. 90 . DS/jiw Attachment / D ORDINANCE NO. 90 (Fourth Series ) AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING CITY CODE CHAPTER 12 , ENTITLED "SUBDIVISION REGULATIONS (PLATTING) " BY REPEALING (a) OF 1 OF B OF SUBD 1 OF SECTION 12. 07 'ENTITLED "WIDTH (OF STREETS) " AND IN LIEU THEREOF ADOPTING A NEW (a) WIDTHS OF STREETS AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 12 . 99 CONTAINING AMONG OTHER THINGS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I : Repeal (a) of 1 of B of Subd. 1 of 12 . 07 entitled "Widths (of streets )" is hereby repealed. SECTION II : Adoption of a new (a) Widths of Streets of 1 of B of Subd . 1 of 12 . 07 A new (a) of 1 of B of Subd. 1 of 12. 07 should be inserted as follows : (a) Width of Streets (i) Two-Way Streets All two-way right-of-way widths and pavement widths (face to face of curb) shall conform to the following minimum dimensions : Classification Right-of-Way Roadway Rural Local Streets 60 feet 28 feet Arterials 100 feet 68 feet Collector Streets 80 feet 44 feet Local Streets 60 feet 36 feet Marginal Access Streets 50 feet 28 feet (Restricted Parking) (ii) One-way Streets All one-way right-of-way widths and pavement widths (face to face of curb) shall conform to the following minimum dimensions : Classification Right-of-Way Roadway Local 45 feet 24 feet Collector Streets 55 feet 24 feet Arterial Streets 60 feet 24 feet SECTION III: Adopted by Reference General Provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 12. 99 are hereby adopted in their entirety by reference as though repeated verbatim herein. Ordinance No . 90 Fourth Series SECTION IV: When in Force After the adoption, signing and attestation of this ordinance , it shall be published once in the official newpaper of the City of Shakopee, it shall be in full force and effect on and after the date following such publications . 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 day of , 1982. City Attorney A.719 MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE : Energy and Transportation Committee DATE: February 16 , 1982 Introduction At its January 19 , 1982 , meeting the City Council requested the resurrection of the Energy and Transportation Committee, which can be accomplished by adopting the attached Resolution No. 1982 . Background Resolution No. 1982 is very similar to Resolution No. 1615 previously adopted to establish an energy and transportation committee except in the following areas : 1 . No. 1615 provided for the committee to cease after one year, whereas No. 1982 allows it to continue as long as desired by the Council . 2 . As an ongoing committee , No. 1982 establishes terms for the members and provides more detail on the Committee procedures , including the adoption of a one year program of action to be approved by the City Council . I concur with your recommendation to recruit the initial membership of this Committee by focusing on the transportation aspect - to study the possible withdrawal from the MTC service area. Recommended Action Adopt Resolution No. 1982 Establishing the Energy and Transporta- tion Committee and direct staff to advertise for this position with a focus on busing alternatives as the initial thrust of the Committee . JA/jms RESOLUTION NO. 1982 A RESOLUTION ESTABLISHING THE ENERGY AND TRANSPORTATION COMMITTEE WHEREAS , the City Council of the City of Shakopee is the official governing body of the City of Shakopee and seeks to develop policies for the public good ; and WHEREAS , the City Council is concerned about the current national energy situation and recognizes the need for public and private energy conservation; and WHEREAS , the City Council would take to become more actively involved in establishing policies that promote improved energy effi- ciency , energy conservation and transportation systems ; and WHEREAS , an Energy and Transportation Committee can provide use- ful advice to the City Council in establishing such policies . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that : 1 . An Energy and Transportation Committee is hereby estab- lished, composed of seven to ten members , to be appointed by the City Council and to include representatives of the following interests in the City: a ) Industry b) Labor and Construction c ) School and Recreation d ) Agriculture e ) Community Organization( s ) f ) Mayor or Councilmember 2 . Terms of the Committee shall be three years in duration, to be calculated from February, 1983 . Terms of the initial appointments shall be evenly divided between 1 , 2 and 3 years as to provide orderly transition for new appointees in the future . 3 . The Committee shall continue to exist as long as the Council desires special input on the areas of energy and transporation. Upon resignation of a member, a new member shall be selected and appointed by the City Council , maintaining to the extent possible the above listed inter- ests in the membership of the Committee. 4 . Members of the Committee shall serve without compensation and shall not personally benefit from any projects of the Committee . They shall , at the first meeting in February or upon the seating of new appointees select a Chairman, Vice Chairman, and a Secretary from their own number with duties in addition to Committee membership implied by these titles . The Committee will also adopt at this time a program of action for the upcoming year to be submitted to the City Council for approval . A majority shall constitute a quorum for the transaction of business . Where not otherwise stated, business of the Committee shall be governed by Roberts Rules of Order , Revised. 5 . The Committee shall have the following charges : a ) Explore specific and general energy and transportation needs in the community. b) Explore ways to save energy and/or improve efficiency in providing for the energy and transportation needs of the community. Resolution No . 1982 Page Two c ) Monitor programs providing improved transportation systems and more efficient energy utilization at the local , regional , state and federal level and evalu- ate the potential application of such programs to the local community needs . d ) Recommend to the City Council programs , procedures or promotional activities that can be undertaken by the City to decrease energy usage or improve trans- portation systems in the community. e ) Promote public awareness of the need for energy conservation and educate the public regarding poten- tial means of conserving energy. 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 SCOTT COUNTY // HUMAN SERVICES 699 COUNTY ROAD 83 SHAKOPEE, MN. 55379 (612) 445-7750 PEG R. SUBBY - Assistant Administrator Human Services February 19 , 1982 Jean Andre, Administrative Assistant City of Shakopee 129 East First Avenue Shakopee , MN 55379 Dear Ms . Andre : Enclosed with this letter is a memo providing background to our agency ' s request for funding for the Shakopee Senior Citizen Center Director . I hope that my memo answer the questions you outlined in your January 14 memo to John Anderson . If you have any further questions , please feel free to contact me at 445-7750. I also would be happy to meet with you or to attend any city council meetings at which the matter is considered . Thank you for your assistance . Sincerely , ,Lit, `Mike Peterson Human Services Manager MP :pb An Equal Opportunity Employer MEMO TO : Leroy Hauser , Building Inspector Jean Andre , Administrative Assistant City of Shakopee FROM: Mike Peterson , Human Services Manager SUBJECT : Shakopee Senior Citizen Center DATE : February 19 , 1982 This letter is being written in response to Jean Andre ' s memo dated January 14 , 1982 . Scott County Human Services is re- questing that the City of Shakopee consider providing funding for the Shakopee Senior Citizen Center Director to work up to an additional four hours per week. The cost for this would be approximately $984 per year . GENERAL BACKGROUND The Scott County Senior Citizen program was originally organ- ized by Scott-Carver Economic Council in 1968 . The initial funding for the program was provided under Title III of the Older Americans Act with contributions provided by Scott and Carver Counties . The Federal funds expired after three years. at which time Scott and Carver Counties assumed financial responsibilities . The program administration was later trans- ferred from Scott-Carver Economic Council to Scott County Human Services . At present the program operates at three levels : (1) Senior Citizen Centers are provided two days per week in each of the communities in the county (2) County-wide activities are organized by the County Senior Citizen Program Supervisor (examples : Senior Showcase , Outstanding Senior Citizen) (3) Direct services to senior citizens are provided by the Senior Citizen Program Supervisor and other Human Services staff (examples : adult protection , counseling, guardianship) . This request for funding relates only to the Senior Citizen Centers operating in Shakopee . The Senior Citizen Centers are actually operated through coop- erative arrangements between Scott County and the local commun- ities . The center locations , hours and programs vary with each community . The center facilities are donated or paid for direct- ly by the members of the senior citizen organizations . Scott County employs a director to organize and lead the program for each center two days per week. The actual hours each director is authorized to work are based on a) Number of members the center has b) Number of active participants the center has c) Level of activity in the center and d) Available financial resources . Currently the directors are authorized to work up to the following number of hours : Belle Plaine 50 � r Elko-New Market 45 Jordan 60 New Prague 60 Prior Lake 60 Savage 45 Shakopee 60 The directors in Savage and Prior Lake have been employed an additional 4-8 hours per week by the city . The director in Jordan is also employed by the Senior Nutrition program as the nutrition site coordinator . In all three situations the director is paid directly for the additional time by the cities or the nutrition program . The available county funding for senior citizen center directors is essentially unchanged from 1981 to 1982 . As federal and state funds have decreased the county has expanded its finan- cial participation to the point where the directors are paid entirely from county funds . The budget for 1982 did increase to cover cost of living increases but there was no available money for expansion of the directors hours . BACKGROUND ON SHAKOPEE CENTERS The senior citizen centers in Shakopee actually started before Scott-Carver Economic Council organized the county-wide program . A group of seniors organized a senior citizen club that met regularly . This club expanded to become the Shakopee Senior Citizen Center when a paid director was provided by the county program. The center was open three times a week at the First National Bank Building with leadership provided by the center director . The center was reduced to twice a week meetings in 1978 due to budget cutbacks . When the Senior Citizen Apartments were opened at Levy Drive in the spring of 1981 , it was planned that the senior citizen center would move to the meeting rooms at the apartments . This plan was opposed by individuals meeting at First National Bank. Therefore , it was decided to maintain two centers in Shakopee with the director going to the Bank Building Center on Mondays and the Levy Drive Center on Wednes- days . At present , the Shakopee centers have about 190 members , 128 at the Bank Building and 62 at Levy Drive . LaVina Busacker is the center director . Ms . Busacker ' s responsibilities include setting up rooms for center activities , opening and closing the center , arranging for center programs and coordinating special center activities . The managing of two centers within the time alloted for managing one center has proven to be difficult for Ms . Busacker . She has found that the arranging and coordination time is nearly doubled with two centers . The current budget limitations prohibit the agency from expanding the directors hours beyond those currently budgeted . OPTIONS / f Q' The following options have been considered in order to make the directors job more manageable. 1 ) Eliminate one Senior Citizen Center in Shakopee and combine the two currently existing centers . It appears that there would be a great deal of resistance to this from the center participants . 2) Limit the level of activity in each center to the point that the job can be handled in 60 hours per month . This would involve a reduction in special programs , trips , activities , etc . • 3) Seek non-county funding to support the position an additional 4 hours per week At this point option three is being pursued . Therefore this request for participation from the City of Shakopee is being made . SUMMARY It is being requested that the City of Shakopee consider paying the Senior Citizen Center Director for up to four hours per week . This would be in addition to the 15 hours per week now being funded by Scott County . The City of Shakopee salary would be paid directly to the Senior Citizen Director , in order to reduce administrative costs . The Senior Citizen Center Director is currently paid $4 . 35 per hour . Cost of living increases for 1982 are now being nego- tiated between the union and this county . Also Ms . Busacker will be eligible for a step increase in 1982 . Therefore, we are budgeting the position at $4 . 73 per hour . I am not cer- tain of the City of Shakopee ' s policies concerning benefits for part-time employees . Therefore I cannot provide an exact cost figure . The following are estimated costs : • Total hours at 4 hrs/week 208 Estimated salary per hour $4 . 73 Total salary costs $983 .84 Scott County would continue to reimburse the director for ex- penses related to the position and would provide benefits as authorized by Scott County personnel policies . Thank you for your consideration of this request . I would be happy to meet with you or the council to answer any questions about the Senior Citizen Program or the Shakopee Centers . Also feel free to phone me at 445-7750 ext . 436 if you have any questions . MEMO TO: Mayor and City Council 1 l / / FROM: John K. Anderson, City Administrator RE: Murphy ' s Landing Sewer Charges DATE : February 5 , 1982 Introduction Since its inception, Murphy ' s Landing has benefited by having City sewer, but has not been receiving sewer bills . Situation Today there are approximately 9 sewer hook-ups at Murphy ' s Landing and with no municipal water, they would either have to be charged the average flat rate or have a "running time meter" or an "event counter" installed depending upon which is appropriate . The question is do we want to continue to provide the service without charging for it or should we begin charging them? If the City decides not to charge them as a method of assisting Murphy ' s Landing financially, then it should be determined if the financial assistance is best provided through free sewer hook-ups or some clearer and more direct decision to provide such assistance . Alternatives 1 . Keep the status quo. 2 . Require that a flat rate charge or appropriate meter be installed ( the meters would be an additional expense to Murphy ' s Landing) . 3 . Alternative No. 2 with Council action to provide financial assistance directly with an appropriation from the General Fund. 4. Notify Murphy ' s Landing that Council is going to continue alter- native No. 1 to a specified time when alternative No. 2 or 3 would be implemented. This would give their Board time to pre- pare for the change . Recommendation Alternative No. 2 with it being implemented July 1 , 1982 . Action Requested Direct staff to contact Murphy ' s Landing informing them that beginning July 1 , 1982 they will be charged for sanitary sewer usage . JKA/jms C - ;N=v1rP CITY OF SHAKOPEE ` � J� 129 East First Avenue, Shakopee, Minnesota 55379 / C r \1 ''iCN` air MEMO TO: John Anderson, Administrator FROM: Jim Karkanen, Public Works Dept. SUBJECT: Valley Cues, Inc. roof drains DATE: February 25, 1982 INTRODUCTION: As per your request, this memo addresses the annual icing problem accuring on West 2nd Ave. between Shumway and Pierce Streets. PROBLEM: Every year, generally in February, West 2nd Ave. becomes heavily encrusted with ice between Shumway and Pierce Streets. This ice formation is caused by water runoff from the roof drains of Valley Cues, Inc. , which is directed onto the street which can not provide adequate runoff because of its relatively flat grade. With the normal freeze/thaw weather cycles this time of the year, the ice formation grows to such a depth on the street R/W until the Street Department is forced to close the street or remove the ice formation. At times, ice removal is very difficult because of the extreme hardness of the ice formation, then chemicals are applied to help soften the ice. Barricades are often erected to direct traffic around the problem area, or to protect the vehicles from becoming stuck in the laterals channels which develop through the ice formation from subsequent runoff. At times, the street must be closed to all traffic until the ice formation can be cleared from the R/W. A catchbasin is located at the SouthWest radius of 2nd and Shumway which directs local storm water across the C. N. W. Railway tracks to the north. Another catchbasin is located at 2nd and Pierce which can direct local storm water into the West Side storm system. This storm outlet could possibly be used as an outlet for a roof drain piping from Valley Cues, however, this area has its ' rock formation near the surface of the street, making any trenching very difficult and expensive. This summer, the Street Dept. could possibly haul in gravel material onto this block and create an exaggerated crown of the road to help prevent the runoff from flowing across the road, and force the runoff to remain on their side of the street. A ditch is not feasible because of the grade problems involved. I believe that these roof drains could also be creating some water problem for the property to the west of their building, because this property is the lowest in the block. 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(D (0 C0 (0 CO C0 C0 (0 CO (C) C0 (,Jl U1 U1 U1 Ul U1 Ul U1 CD 01 01 U1 Ul n A A A A A CO W CO CO co co co W ,p co N H O (D CD -1 a U1 A CO N Z O i ,'4 14:i- ,J.L..z..• ' .—!t _ , ...-.'. littl Vtiitt x_eLra :limt..a .>.. ..., o o C. • • r d O Iv co ; N CO . 1 0 Iv CD r-3 - (0 a • 0 N n e (D 3 F-' 1-' C > • r .P H f- r '17 CO F- P TJ 0 0 n cs C • • • F A o o n H O 0 H A C) I 01 -s O1 Q: W 0) F' (D -] Ql o cn 0 • rn O 0) H CO O CO a n 0 F3 x (D AU CD m 'I (I) F-� (n F-' F✓• m U) r:n • C) (D 0 R CT Uzi • C) z c CD UI 1 CD U) 01 F-' - -P -Nl 0 cn o 0 w o CO • CO Q0 � � x (.0 QC • Q1 01 Z C /I ) Expiring term on the Shakopee Public Utilities Commission Councilmembers have already received resumes from four residents expressing a desire to serve on this Commission: Elmer Marschall , 1356 CR 77 Virgil S . Mears , 1813 East Shakopee Avenue Barry Kirchmeier, 918 Minnesota Street Calvin L. Brown, 956 South Holmes If anyone desires an additional copy of any of the resumes , please call for one . //f MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: The City ' s Two Percent 429 Project Interest Surcharge DATE: February 24, 1982 Introduction Some time ago City Council directed staff to review the above assess- ment policy to determine if it was still appropriate with today ' s economic climate . Council asked for the report before it would be applied to 1982 projects . Background The present two percent interest surcharge ( i . e. we assess home- owners at a rate 2% higher than we pay for the bonds ) was established in our present Assessment Policy which was adopted by resolution. In checking with Bob Pulscher, our financial adviser from Springsted, he explained that the 2% surcharge served three purposes : 1 . To protect the City from lost interest when an assessment is prepaid. It is possible that the City could receive a prepaid assessment and not be able to reinvest the prepayment at a rate of interest that would be comparable to that if the assessment had been paid over 10 years . 2 . To meet State law the City must levy for 5% over the annual amount assessed to cover potential collection problems . The 27 the City charges helps cover the 5% requirement by keeping the debt service fund sound enough to meet the 5% requirement without a City-wide general levy. 3 . To help cover delinquencies , non-payments etc . , which compound the State ' s 57 requirements when they occur. It is Bob Pulscher ' s opinion that the 2% rule is even more appro- priate today in protecting the City ' s financial position. Bob did indicate , however , that a City Council could consider other policy questions along with strictly financial ones in deciding on an overall policy. Survey Staff also conducted a brief telephone survey to determine what other metro cities are doing in this area. The results are listed below: City --- Assessment Interest Minnetonka 1-12/ above bond rate St . Louis Park 1-2% above bond rate Eagan 2% above bond rate Coon Rapids 1% above bond rate Mayor and City Council / / Page Two February 24 , 1982 City Assessment Interest Brooklyn Park Approx. 27 above bond rate Brooklyn Center 12-2% above bond rate Eden Prairie 12% above bond rate Maple Grove 17 above bond rate New Hope Flat rate approx. 2% above bond rate Apple Valley No increase in interest Chanhassen No increase in interest Chaska No increase in interest Edina No increase in interest Richfield No increase in interest Hopkins 7% flat rate Prior Lake 1% above bond rate plus 5% of construction to cover admin. and engineering Burnsville 2% of project cost is added before its assessed Savage 5/ of project cost is added before its assessed Robbinsdale Flat 87 interest with 10% of construction costs added for engineering, etc . Policy Issues It is clear that cities have different policies and practices regard- ing the assessment interest they charge . Shakopee can probably pick whatever policy it wants depending on how much assistance Council wants to provide a developer or how painless Council would like to make homeowners ' assessments . If Council choose to establish a policy that reflects more than the City ' s financial position, eg. assistance to developer and homeowner, then it would be useful to review what other assistance could be provided the developer or homeowner and whether or not the City has had financial problems with its debt service funds . Taking the second question first , the City has had only one debt service fund with problems , it has several funds that could go either way and the majority of the funds have very healthy balances . The first question about developer and homeowner assistance can probably be divided as follows : Developer Homeowner 1 . We assess 100% of everything 1 . In the case of reconstruction (note different for trunk projects (as with Holmes Street ) sewer, water and storm sewer we do not assess 100%. assessment ) . 2 . Storm sewer for developed land 2 . We allow the developer to go is assessed only 50% for both $429 which helps him finance the trunk and lateral . whole project over 10 years . 3 . Storm sewer for undeveloped 3 . We are amending the developers land is assessed: trunk 50% and agreement to provide some relief lateral 100%. for the 150% rule . Mayor and City Council Page Two February 24, 1982 Developer 4. We bill for engineering cost directly. 5 . We charge a flat 1% of construc- tion cost for administrative charges . Recommendation It is staff ' s recommendation to change the policy to 1%-2% over the bond sale rate charging developers 2% and homeowners 1% based upon the list above. Action Requested Direct staff to prepare the necessary resolution amending the City' s assessment policy and providing for the City' s charging assessment interest at 1-2% above the bond sale interest the City pays for the project . JKA/jms / t MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Park Dedications Now Due DATE: February 22, .1982 Introduction At the time a parcel of property is platted, the City Code requires dedication of land for park development or a cash contribution in lieu thereof. Council has been permitting developers (with cash contribution) to defer the park dedication fee until issuance of a building permit or some date indicated in the park dedication section of the developers agreement. Background In an attempt to help the developer get started with developing his property, Council desired to defer the park dedication fees. However, it was not the desire to permit the deferment to continue indefinitely; hence, a date is included in the developers agreement when the entire unpaid amount becomes due and payable. The amount of deferment varies from one to three years, with the exception of Weinandt Acres where ten years was given. The park dedication fee is now due, or past due, fora number of developments. A bill should be sent for the amount due and if not paid, the developers agree- ment authorizes the City to foreclose the lien and entitles the City to any legal costs and reasonable attorney's fees connected with a foreclosure. Developments Whose Park Dedication Is Now Due Date Of Date Park No. of Lots Total Amount Development Developers Agreement Dedication Due Unpaid Now Due East View 1st 1/31/79 1/1/82 39 $9,750 Furrie's 2nd 9/18/79 1/1/81 8 8,300 Valley Park 6th 9/28/79 1/1/81 1 715 Wiggins 1st 1/14/80 1/1/81 1 600 Halo 2nd 9/80 1/1/82 3 8,826 Considerations Although the park dedication fees for the above developments are now due, does the City wish to require their payment at this time. a. sales of property are down b. mortgages are costly c. new construction is down Requiring payment at this time may cause hardships on a number of developers. T John K. Anderson Page Two February 22, 1982 Alternatives 1. Send out statements and consider requests to defer payment if an when they are received. (This would be inconsistent, but could help those who ask for relief. ) 2. Send out statements and foreclose on those who do not pay. (If the City intends to follow through, maybe more efforts would be made to secure the funds needed; however, there is the possibility that someone could be thrown into bankruptcy. 3. When sending out statements, offer developers an alternative to payment. Developers could enter into another agreement with the City amending the park dedication section of the developers agreement to revise the date of complete payment. (This would give the developer some relief at this time, however, the City would not be receiving the funds as soon as they could have; maybe the developer would be in less of a position to make payment in the future, and the City would be opening the door for future requests for deferring payment. Upon entering into an agreement as stated above, one problem comes to mind. Some lots may have been sold and the developer could not include these lots in a new agreement. There are two ways to handle this: 1) require payment on lots that have been S(3ld, or 2) ask developer to provide names and legal descriptions of sales and these parties could be offered the opportunity of signing an agreement. (If the lots were sold with the understanding that the developer would pay the park fee, we have no choice but to require payment now. ) Recommendation Staff is bringing this matter to Council for discussion and consideration. No recommendation is being made. Council should consider: 1. When does the City want/need the funds? Today, next year, three years, when property is built upon (10/30 years hence) . 2. Is the amount of payment due significant enough to consider alternatives to payment now? If not lets bill and collect or go to court. 3. Does the City wish to be flexible given the current economic conditions. 4. Does the Council wish to discuss at this time, or wait until a problem or request arises. 1 Action Requested Direct staff to pursue one of the alternatives. If number three is selected, 1) how many years extension is desired? 2) do you wish developer to pay for lots he has sold to date = no extension for theses 3) should interest be charged, as has been done with Mr. Laurent's extension made last year? JSC/jms MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Developers Agreement DATE: February 25 , 1982 Introduction City Council , at its February 16 , 1982 meeting, asked that staff review the City' s present developers agreement to see if the 150% assessment alternative could be modified to provide some relief to developers . Staff had already undertaken such a review and had also been addressing several other problems with the present agreement . Background The attached redraft of the City' s standard developers agreement addresses several problems including but not limited to the following: 1 . Correction of the confusion over the set interest rate of 8% in the old agreement . 2 . Correction of the confusion over payment methods one and two. 3 . Changes in the collection of assessment from the issuance of the building permit to the issuance of the occupancy permit (condi- tional or permanent ) to assist developers in building spec homes . 4. Addition of a waiver of assessment appeals clause. 5 . Addition of language that clarifies the role of the developer, his design engineer and the City Engineer. 6 . Addition of language that clarifies what the billing will be for engineering services . 7 . Addition of language that clearly states that Plan B Improvements are in fact MSA 429 improvements and the City has the ability to expend up to 125/ of the estimated project costs . Summary & Recommendation The redrafted developers agreement was the work of the City Clerk, City Engineer and City Administrator, and has been reviewed by the Finance Director and Assistant City Attorney. Several of the newer elements of the agreement are taken from the City of Bloomington' s and City of Edina ' s developers agreements . Council should review the agreement and decide if they would like any additional changes . If there are no major changes , then staff recommends that it have an informal meeting with developers to get their comments before final Council action. Action Requested 1 . Discussion of any changes Council would like to see in the draft agreement . 2 . Direct staff to meet with developers to review the draft and then bring a final draft to Council for formal action. ,TKA/ ims Revue 3/29/77 DRAFT 2/25/82 • Rev.: 4/6/77 Rev . 4/11/77 CITY OF SHAKOPEE Rev. 4/18/77 Rev. 6/1/79 SCOTT COUNTY, MINNESOTA Rev. 9/10/80 DEVELOPER' S AGREEMENT COUNTY FILE NO. DATE: THIS AGREEMENT, Made and entered into this day of , 19 , by and between the City of Shakopee , a municipal corporation organized under the laws of the State of Minnesota , hereinafter called "City" and hereafter called "Developer" . WITNESSETH: WHEREAS , the Developer has made application to the City Council for approval of a plat of land within the corporate limits of the City described as follows : hereafter called the "Subdivision" ; and WHEREAS , the City Council , by resolution adopted has granted conditional approval to the Subdivision on the condi- tion that the Developer enter into this Agreement to provide for the installation of street , water , sewer and other improvements as described herein. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows : I . Definitions The following improvements as used in this agreement shall have the meanings stated: (A) "Street Improvements" - subgrade preparation, perma- nent surfacing, right-of-way grading or berm con- struction, traffic signing, sidewalks , and all appurtenant facilities (as shown on the approved plans ) . ( B) "Sanitary Sewer Improvements" - sanitary sewers , lift stations and all other appurtenant sanitary sewer facilities . (C ) "Storm Sewer Improvements" - storm sewers , inlets and all other appurtenant storm facilities . (D) "Watermain Improvements" - watermains , valves and all other appurtenant watermain facilities . -2- 04- ( E) 4 ( E) "Street Light Improvements" - street lighting includ- ing poles , crossarms , underground wiring transformers , pedestals and any other necessary appurtenances . II . Ownership Warranty of Developer The Developer hereby warrants and represents to the City as inducement to the City ' s entering into this Agreement , that Developer ' s interest in the Subdivision is : Fee Owner Contract for Deed Purchaser Other ( specify) If developer is a Contract for Deed Purchaser, indicate Fee Owner. III . Designation of Improvements Improvements to be installed at Developer' s expense by the Developer as provided herein are hereinafter referred to as "Plan A Improvements". Improvements which the Developer has petitioned the City to install and finance on a cash and assessment basis are hereinafter referred to as "Plan B Improvements" . IV. Plan A Improvements The Developer will construct and install at Developer' s expense the following improvements under Plan A according to the following terms and conditions and the General and Special Conditions attached hereto and made part of this Contract . Description of Improvement Location of Improvement A] B] C ] D] E] F1 V. Plan A Improvements (A) Construction Plan and Approval Thereof The Developer will engage , at Developer ' s expense , a duly registered professional civil engineer authorized to practice within the State of Minnesota to prepare detailed plans , specifications , and a cost estimate for com- plete installation of all Plan A Improvement , in accordance with City Design Criteria and Standard Specifications and submit same to City Engineer ( and Shakopee Public Utilities Manager, when re- quired ) for written approval prior to commencement of construction . i 4)-- -3- ( B ) Developer The Developer shall submit to the City either cash, or upon written approval of the Shakopee City Attorney a certified letter of credit made pay- able to the City of Shakopee upon which the City may draw, in the amount of 125% of the total project ( as approved by the Shakopee City Engineer) including the costs of City inspection and administration, said cash or certified letter of credit to be submitted when this agreement is executed . The City is hereby authorized to draw against the said cash or certified letter of credit as provided in Paragraphs V (F) and Viii ( D) . (C ) Completion of Street Light Improvements For purposes of releasing this developers agreement and issuing a certificate of occupancy ( conditional or permanent ) , the City shall consider the Street Light Improvements approved upon the developer entering into an agreement with Shakopee Public Utilities and paying any moneys required by the Utilities at that time. ( D) Building Permits The City may issue building permits When required improvements are substantially complete , as determined by the City Engineer; however , no per- manent certificate of occupancy shall be issued until all of the required improvements are completed and approved by the City Engineer , or until this agreement is replaced with a letter of understanding and a letter of credit in the amount of 125% of the City Engineer ' s estimate of the cost of work remaining to be constructed as provided in VIII (D) , which replacement shall be approved by the City Council . ( E) Park Fund No building permit shall be issued for any lot within the proposed subdivision until any and all payments to the Shakopee Park Fund in lieu of land dedication as provided in Paragraph IX have been made . (F) Administrative and Technical Costs The Developer agrees to pay the City the actual administrative and inspection cost of the project . An estimate of such costs will be prepared prior to starting this proposed construction, after acceptance of the project by the City , and in accordance with paragraph V ( B) above . The City shall bill the developer on a monthly basis for these costs and all such bills shall be due and payable within 30 days of their mailing, and if not paid for within such time by the Developer, the City is authorized to draw against the cash or certified letter of credit submitted in accordance with paragraph V (B ) . Services to be performed by the City shall include , but not be limited to the following : 1 ) The City will review and approve plans and speci- fications perpared by Developer ' s engineer. • -4- If 2 ) The City will provide adequate inspection of all Plan A Improvements . 3 ) The City will prepare "As-Built" plans of Plan A Improvements . (G ) Construction of Plan A Improvements 1') Construction The construction, installation, materials and equipment for street improvements , sanitary sewer improvements and storm sewer improvements shall conform to the approved plans and the City of Shakopee ' s Standard Specifications and for watermain and street light improvements shall conform to the Shakopee Public Utilities Standard Specifi- cations . 2 ) Easements The Developer shall make available to the City, at no cost to the City, all perma- nent or temporary easements necessary for the installation of said Plan A Improvements . 3 ) Insurance The Developer will cause each person with whom the Developer contracts for the con- struction of any Plan A Improvement to furnish to the City the Contractor ' s Insurance Certifi- cates as specified in Article 35 of the General Specifications of the Design Criteria and Standard Specifications for Construction of Roadways , Sanitary Sewer and Storm Sewer. No construction shall commence until the City Clerk receives said insurance certificates and said certificates are approved by the City Attorney. 4 ) Faithful Performance of Construction Contracts and Bond The Developer will fully and faith pully comply with all terms of any and all contracts entered into by the Developer for the installation and construction of all Plan A improvements and hereby guarantees the workman- ship and materials for a period of one ( 1 ) year following the City ' s final acceptance of the Plan A Improvements , said guarantee to be in writing and in addition to the Maintenance Bond required by Paragraph 8G. -5- %( VI . Plan B Improvements The Developer has petitioned the City for the Installation of Plan B. Improvements as listed. Description of Improvement Location of Improvement A] B] C ] D] E] F] VII . Plan B Improvements Plan B Improvements shall beinsti - tuted , construc'_ed�and financed pursuant to M.S .A. 429 Improvement Projects as follows : (A) Construction Plan and Approval Thereof The City will engage a duly registere. professional civil engineer authorized to practice within the State of Minnesota to prepare detailed plans , specifications , and a cost estimate for complete installation of all Plan B Improvements , in accordance with City Design Criteria anc Standard Specifications and submit same to the Shakopee Public Utilities Manager, when required . (B) Initiation Prior to execution of this Agreement , the Developer shall submit to the City Council a Petition as provided for by M. S .A. 429.031 sub- division 3 , requesting that Plan B Improvements be made and assessed against the benefitted properties , and that he agrees to the provisions of VII (E) 1 ) herein. (C ) Construction Upon the City Council adopting a reso- lution determining the sufficiency of each petition, said Plan B Improvements ahil be administered and constructed, in all respects , as other City improve- ments made pursuant to the provisions of M. S.A. Chapter 429 and other applicable statutes . That is : 1 ) The City shall have sole responsibility for admin- istration of the project , 2 ) the City will not be responsible for meeting any completion dates scheduled by the Developer and shall not be responsible for any damages as a result of delays in the project , 3 ) the project administered by the City shall allow for any increase in project cost as permitted by M. S .A. 429 ( i . e . 125% of estimated costs ) , 4) the Developer and his engineer acknowledge that any changes or any additional work required shall be approved by the City . -6- ( D) MSA. 429 Special Assessment Procedures The Developer will be required to execute a 100% Petition for the installation of all Plan B Improvements . If the City Council orders the installation of the petitioned for Plan B Improvements with the cost to be assessed against the benefited properties , the Developer agrees to pay such assessments on the fol- lowing terms and conditions : 1') Waiver of Objections To and Right of Appeal from Assessment The Developer agrees to, and hereby does , waive and release (a ) any and all objections of every kind to any assessment levied by the City pur- suant to this Agreement , including, without limitation, objections to procedures and hearings before the City Council in connection with the Improvements and assessment therefor, objections resulting from failure to fully comply with any applicable statute , and objections to the amount of any assessment thereafter levied against the Subdivision or any other benefited property of Developer due to the Improvements stated herein, and ( b) the right to appeal , pursuant to applicable Minnesota Statutes , from any assessment levied pursuant to this Agreement . It is understood by the developer that the City is doing this Chapter 429 Public Improvement at the developer' s request and for the developer ' s convenience, and the City would not be installing the improvements in ques- tion without this waiver. 2 Construction After approval of preliminary plans and estimates by the City Engineer , an improvement hearing will be called by the City Council for the purpose of ordering these Plan B Improvements . After approval of final plans and specifications by the City Engineer, bids will be taken by the City and con- tracts awarded for the installation of the improve- ments under the City ' s complete supervision. 3 ) Levy of Special Assessments and Required Prepayments The entire cost of the installation of Plan B Improvements , including any reasonable engineer- ing, legal and administrative costs incurred by the City, shall be paid by the Developer to the City as special assessments levied against the benefited land. Reference herein to special assessments shall be deemed to include , and shall include , all interest due thereon in accordance with M. S . A. 429. 4) Acceleration Upon Default In the event Developer fails to pay any install- ment of any special assessment levied -7- ;/ w pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights and remedies hereunder, by written notice given to Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this Agreement due and payable in 'full , with interest . The City, at its option, may demand immediate payment thereof and immediately commence legal action against Developer to collect the entire unpaid balance of the special assess- ments then estimated or levied pursuant hereto , with interest , including reasonable attorneys ' fees , and Developer shall be personally liable for such special assessments , and, if more than one , such liability shall be joint and several . ( E) Developer M. S.A. 429 Payment Methods Assessed or to be Assessed by the City The cost of Plan S Improve- ments shall be paid by the Developer in accordance with one of the two methods as set forth hereunder , the Developer having the option thereof. 1 ) Developer Payment Method One ( 1 ) : Ten ( 10) Percent Cash Deposit The Developer shall pay to the City in cash a deposit in the sum and amount of 10% of the City Engineer ' s estimated total assessment for all such Plan B Improvements , said amount to be paid upon execution of this agreement . The cash so paid by the Developer to the City will bear interest in the amount of 5% per annum until all assessments so levied together with any penalties and interest have been paid in full , at which time the deposit and any accrued interest shall be returned to the Developer. if the Developer fails to pay any assessments , interest or penalty as the same comes due , the City may draw on said deposit for any such amounts not paid. Those assessments as levied shall be paid by the Developer to the City as special assessments levied against the benefited land. On or before an occupancy permit (conditional or permanent ) will be granted for any of said lots , pieces or parcels , the Developer hereby agrees to pay to the City the remaining principal balance , plus any unpaid interest and penalties , of all assess- • -8- ments assessed or to be assessed under this agree- ment against said lot , piece or parcel , the amount to be determined as of the date said occupancy permit (conditional or permanent ) is granted. If the assessments governed by this paragraph have not been assessed , the developer agrees to pay the estimated assessment to be levied against the 'benefited land. The developer shall be liable to the City for any deficiency which shall become due and payable at the time assessments are levied and the City shall pay to the developer any overplus arising from payment based on an estimate plus interest in the amount of 5% per annum from date of payment to date of reimburse- ment . It is further agreed and understood that the payments required by obtaining an occupancy permit (conditional or permanent ) shall in no way limit or be used to offset the Developer ' s obligation to pay assessments as they come due for those lots for which obligation shall continue until such time as all assessments authorized herein have been paid in full . Upon the payment of the assessment on any lot , piece or parcel , the City shall issue a release in recordable form so as to remove the recording of this agreement as against that particular lot , piece or parcel on which such payment has been made , provided all other conditions of this agree- ment have been met . 2 ) Develo er Pa ment Method Two ( 2 ) : No Cash Deposit Wiwi Accelcrate —Assessment Payments The cost shall be paid by the Developer to the City as special assessments levied against the benefited land. On or before a certificate of occupancy ( conditional or permanent ) will be granted for any of said lots , the Developer hereby agrees to pay to the City a sum of money equal to 150% of the remaining principal balance , plus any unpaid interest and penalties , of all assessments governed by the agreement against said lot said amount to be determined as of the date the occupancy permit is granted . If the assessments governed by this paragraph have not been assessed , the developer agrees to pay 150% of the estimated assessment to be levied against the benefited land. The developer shall be liable to the City for any deficiency in the 150% which shall become due and payable at the time assessments are levied and the City shall pay to the developer any overplus arising from payment based on an estimate plus interest in the amount of 5% per annum from date of payment to date of reimbursement . -9- //-4 The amount so paid in excess of the remaining principal balance ( the 50% overage) plus any unpaid interest and penalties against the lot on which the occupancy permit is granted shall be retained by the City as a deposit for payment of assessmeents against the remaining lots or parcels , and the amount so deposited shall bear , • interest at the rate of 5% per annum until all assessments levied against the benefited property shall have been paid in full and at such time said deposits plus all accrued interest shall be re- turned to the developer. lf , however, the developer fails to pay any of the assessments , interest , or penalty as the same comes due , the City may draw on said deposit for any such amounts not paid. It is further agreed and under- stood that the payments required thereunder to obtain an occupancy permit hereunder shall in no way limit or be used to offset the Developer ' s obligation to pay the assessments as they cone due for those lots which have not been transferred or for which occupancy permits have not been obtained , which obligation shall continue until such time as all assessments authorized herein have been paid in full . Upon the payment of the assessment on any lot , the City shall issue a release in recordable form so as to remove the recording of this agreement as against the parti- cular lot , piece or parcel which such payment has been made , provided all conditions of this agree- ment have been met . (F) Easements The Developer shall make available to the City, at no cost to the City, all permanent or temporary easements necessary for the installation of said Plan B Improvements . (G ) Building Permits The City may issue building per- mits when required improvements are substantially complete , as determined by the City Engineer. VIII . General (A ) Violation of Provisions of Agreement In the event the Tveloper violates any of the covenants and agreements herein contained and to be performed by the developer, the City has the option to commence an action for specific performance requiring the developer to hive up to the covenants and agreements and the developer agrees that the City shall be entitled to its administrative costs , legal costs , and reasonable attorney ' s fees in connection with said action . -10-• ( B) Binding Effect The terms and provisions hereof shall be binding upon the inure to the benefit of the repre- sentatives , successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the subdivision and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement shall be placed on record so as to give notice to subsequent purchasers and encumberances of all or any part of the subdivision and all recording fees shall be paid by the Developer. Upon the filing of a release from the City, all agreements contained herein shall there- after be inapplicable to any property covered by said release . ( C) Notices Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States Mail to the ad- dresses hereinafter set forth by certified or registered mail . Such notices , demand or payment shall be deemed timely given or made when delivered personally or when deposited in the United States Mail in accordance with the above . Addresses of the parties hereto are as follows : If to the City - City Administrator City Hall 129 East First Avenue Shakopee , MN 55379 If to the Developer - ( D) Release of Developers Agreement Upon completion or partial completion of Plan A Improvements , the City may release all or a portion of the cash or letter of credit deposited under Paragraph V (B) , retaining 125% of the City Engineer ' s estimate of the cost , including City inspection and administration, to com- plete the improvements , provided however, that the Developer submit a Maintenance bond guaranteeing said improvements for a period of one year after final. acceptance by the City. Should the Developer fail or refuse to submit a Maintenance Bond as provided herein, the City may retain some or all of the cash or letter of credit as security for the one year written guarantee as provided in Paragraph V (G) (4) . Should the certified letter of credit be for such a period of time so as to preclude its use under this paragraph, the City is authorized to draw against such letter of credit at any time to complete said improvements or to make such repairs or additions as would be provided under the one year written guarantee when, in the judgment of the City, the City determines that the Developer is not going to complete such im- provements or make such repairs . -11- ( E) Incorporation by Reference All City of Shakopee Design Criteria , Standard Specifications , including bonding provisions , the approved plans , addenda, change orders , special provisions , proposals , specifications and con- tract for the Improvements furnished and let pursuant to this Agreement shall he and hereby are made part of this Agreement by reference as fully as if set out herein in full . ( F) Changes from Plan A Improve2nts to Plan B Improvemenis and from Plan B Im.rovements to Plan A Improvements is agree. an. un.erstoo. that the Developer, at its option , is authorized to enter into this Agreement providing for some Plan A Improvements and some Plan B Improvements . At such time as the Developer may choose after the execution of this Agreement , the Developer may , in writing, request that some or all of the improvements originally designated as Plan A Improve- ment be changed to Plan B Improvements . The City in its sole and absolute discretion may enter into a ' Plan A to Plan B Change Agreement ' which shall be recorded. It is specifically agreed and understood, however , that no changes made in accordance with this paragraph willin any way reduce , lessen , obviate or cancel in any way, manner or form the provisions or requirements of this Agreement respecting improvements under Plan A made prior to such change . In the event the Developer wishes to change some or all of Plan B Improvements to Plan A Improvements , then it shall apply in writing to the City for such changes and the City in its sole and absolute discretion may enter into a 'Plan B to Plan A Change Agreement ' which shall be recorded. IX . Payments to the Park Fund in Lieu of Land Dedication In accordance with the authority provided by the Shakopee City Code , Section 12 .061 , the Developer and the City hereby acknowledge that there is due and payable to the City under the terms of said Section by the Developer , the sum and amount of $ which amount was payable at the time of final approval of the Subdivision, and payment of which the Developer has requested defer- ment until the issuance of building permits for the lots in said Subdivision. Therefore , the City agrees to accept payment of said amount on a per lot basis at the time of the issuance of the building permit therefore , as follows : Lots $ for each lot . Lots $ for each lot . Lots $ for each lot . (A) The Developer hereby agrees that the amounts set forth above shall constitute a lien against said lots , which lien must be released in writing by the City prior to the issuance of any building permit on said lot. -12- (B) 12-(B) The Developer agrees that under no circumstances will the amounts set forth above be paid any later than the 1st day of , 19 when the entire unpaid amount shall be due and payable immediately. (C ) The Developer hereby authorizes the City to fore- close the lien herein created should the Developer , its heirs , assigns or successors in interest fail to make payments required hereunder , and does agree that in addition to any amounts foreclosed, the City shall be entitled to its administrative costs , legal costs , and reasonable attorneys fees in con- nection with said foreclosure . ( D) The Developer hereby understands and agrees that should the ultimate density used for such a lot be greater than the density originally presumed to determine the amount to be paid, said amount will be recomputed based on the actual density, and said amount will be paid at the time of build- ing permit issuance . -13- IN WITNESS WHEREOF, The City and Developer have caused this Agreement to be duly executed on the day and year first above written. In Presence Of : CITY OF SHAKOPEE - -- - --_ By Mayor By City Administrator - - -- - By �ity�IerTc In Presence Of : DEVELOPER By Its and -- - - - By -- — -- Its In Pr2senr_e Of : FEE OWNER, if other than Developer By Its and By Tts STATE OF MINNESOTA) -14- l ss COUNTY OF SCOTT On this day of , 19 , before me a Notary Public , within and for said County personally appeared , and to me personally known, being each by me duly sworn , .did say that they are respectively the the and the of the City of Shakopee, the municipal corporation named in the fore- going instrument ; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and , and acknowledged said instrument to be the free act and deed of said municipal corporation. (CORPORATE ACKNOWLEDGEMENT) STATE OF MINNESOTA) ss COUNTY OF SCOTT On this day of , 19 , before me a Notary Public within and for said County, personally appeared and to me personally known, who, being each by me duly sworn, did say that they were respectively the and the of of the corporation named in the foregoing instrument , and thatCH seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. (CORPORATE ACKNOWLEDGEMENT) STATE OF MINNESOTA ) ss COUNTY OF SCOTT On this day of , 19 , before me a Notary Public within and for said County , personally appeared and to me personally known, who, being each by me duly sworn, did day that they were respectively the and the of of the corporation named in the foregoing instrument , and that t�� seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the—fee act and deed of said corporation . At CI 'TY OF HA - OPEE 129 East First Avenue, Shakopee, Minnesota 55379 ' '6t} MEMO John Anderson/City Adm. TO: IROM:_._ LeRoy Houser/$ldg. Official SUBJECT: Bldg. Equip . Maint . Contract DATE: February 18, 1982 Introduction As per Council ' s request, I have contacted the four local companies qualified to service City building equipment. Background Each year we have accepted building equipment maintenance proposals on an hourly rate basis. As stated in two previous memos, I thought it might be to our advantage to bid this out on a flat rate . This has been done. It appears we will save money on the flat rate program. I contacted Associated Mechanical , Reis Heating, Steins Inc . , and Ken Zitzow. Mr. Zitzow was the only one that did not reply. All bidders were furnished with our maintenance requirements and in- structions. Attached are their respective bids. As you will note, Associated Mechanical is low bidder by Seventy Four Dollars. Recommendation Accept the proposal of $1 , 270.00 from Associated Mechanical for the 1982 operational year. Recommended Action Authorize proper City Officials to execute maintenance contract with Associated Mechanical for $1 , 270.00. LH: cu Attachments . ,. t , 8,:e*,,,,,,..k,.... ...ii It i,+ .. .. . 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Atwood St. Shakopee, Minn. 55379 PHONE I415-5725 PROPOSAL SUBMt to TO PHONE DATE City of Shakopee ' 445-3650 XXX 1/14/82 II STREET JOS NAME Cif! STATE AND ZIP CODE JOS LOCATION AHf IIITl CT DAT! 01 PLANS — �— JOB PHONE We hereby submit specifications and estimates for'. { Bid for the heating and air conditioning, and exhaust systems. for all 6i t-y bags. . Three inspections a year. $1935.00 { We Irupoor hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars($ ). 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 tire, tornado and other necessary insurance. Note:This proposal be r'// Ij Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us it not accept.• within '= —...----._days. 1' Arrq►tatur of 4ro4to,SMl -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 j. Date of Acceptance: tirop osal Page No. of Pages /I. . cti STEINS, INC. Plumbing - Heating - Air Conditioning 1420 West 3rd Ave. Shakopee, Minnesota 55379 1 Phone 445-4444 PROPOSAL SUBMITTED TO PHONE DATE City of Shakopee February 11, 1982 STREET ' JOB NAME• 129 East First Avenue CITY, STATE AND ZIP CODE JOB LOCATION Shakoeee Minn. 55379 •A.11.f. DATE OF PLANS JOB PHONE Attn: LeRoy Houser V4 hereby submit specifications and estimates for: i We propose to provide air conditioning and heating __ Service inspections, during normal working haure,________ -_ __ three (3) times in 1982, at the following build— ings: Pool Building - Library Building City Hall Police and Public Works Building Eagle Creek Town Hall Park and Recreation Building Fire Station $ _1,3hh.00 _ Parts and labor for parts replacements will _ __ _ _ ___ __ be extra. _._.�. I i EF FrPpoor hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars($ )• it Payment to be made as follows: 1TAll material is guaranteed to be as specified. Ali work to be completed in a workman** • 7 manner according to standard practices. Any alteration or deviation from above specifics- Authorized ..----c /' tions involving extra costs will be executed only upon written orders,and will become an Signature ..a....11 d C 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 r Our workers are fully covered by workmen's Compensation Insurance, withdrawn by us if not accepted within �� days. > ___ — — --- _... ., .Arre rV nof llrnppiin1—The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature -- 1 to do the work as specified.Payment will be made as outlined above. Date of Acceptance: Signature -- roar lie COPYMOHT tees - sew■wetAlb euwause ee*VICe,MC..TOMwa5MO,MAN.014W MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1982 Heavy Truck Purchase DATE: February 23, 1982 Introduction: Specifications for the purchase of a 27,50041GVW truck for Public Works have previously been reviewed by the Capital Equipment Committee of City Council. Background: The Purchasing Cooperative is awarding the bid for this type of vehicle to Brookdale Ford. Their low bid for the truck equipped as Shakopee wants it is $27,597.00 with a Galion body. Mr. Karkanen prefers a Mastercraft body which was an optional bid from Brookdale Ford at a price of $25,714.00(Master- craft is a Shakopee firm) and has the features of "through the box" corner posts for reinforced braces, extra floor ribs and rounded corners in the floor of box. There is $35,000 budgeted in 1982 for this truck and related equipment. Alternatives: 1. Buy from Brookdale Ford with Galion body for $25,597. 2. Buy from Brookdale Ford with Mastercraft body for $25,714. 3. Rebid on our own. 4. Do not buy a truck at this time. Recommendation: Alternative #2 Action: Move to purchase a 22T dump truck from Brookdale Ford with a Mastercraft body in the amount of $25,714. �x `4`"'%),� City of Shakopee " 1, ...,s,,.�" s.tresPf f POLICE DEPARTMENT R ::�� N 0 Vq•))� It AVI,it i lq :/ 4Q 476 South Gorman Street ;%•— �° "rip SHAKOPEE, MINNESOTA 55379 r .�* �\Y/�,:' _.,2 Tel 445-6666 t k vt, .,-, O iG \':55379_1/ ;�}' TO: Mayor , Council Members FROM: Tom Brownell SUBJECT: Radar Replacement DATE: February 18 , 1982 BACKGROUND The requested traffic radar unit is a replacement item for an existing radar unit purchased in 1977. which due to age is frequently in need of repair and does not meet Federal Stan- dards. PURCHASING AUTHORITY State law requires that quotations be obtained for items costing between $5, 000 and $10 , 000 . The City Code requires that council address quotes for items between $2, 000 and $10 , 000 . The council has the authority to approve the purchase of items which are unique from the standpoint of only one vendor, or must be com- patible with existing equipment. JUSTIFICATION Item requested for purchase : one Kustom HR-12 Traffic Radar Unit. 1. The unit is only available from Kustom Signals, Inc. No other vendors. 2 . Specifications most closely meet proposed Federal Standards and if required, the vendor will modify during the life of the unit at no cost. 3 . Only unit which can be repaired in the Metro area. Will not require costly shipping to factory and lengthy down time. go GEZAE gO .:�,2OteCf Radar Replacement Page -2- 4. Unit has narrow K-band and can be hand-held or mounted, which greatly reduces operator error. 5 . Item is the same unit purchased during February of 1981, so it is compatible with existing equipment and does not require additional operator training. BUDGETARY INFORMATION 1. $2,700 was approved in the 1982 Capital Improvement Fund for the replacement of one traffic radar unit. 2. The vendor will allow a trade-in credit of $400 for the exist- ing unit. 3. $450 .06 is available from the sale of the ambulance , purchased through the City using Federal funding. The use of these funds has been approved under the Federal Guidelines by the Minnesota Department of Public Safety, Office of Traffic Safety. COST OF PURCHASE Unit price $2, 595.00 Trade-in of existing unit - 400 . 00 $2, 195.00 Proceeds from sale of ambulance 450 .06 Capital Improvement Fund + 1, 744. 94 $2, 195.00 ACTION REQUESTED Approve the purchase of one Kustom KR-12 Traffic Radar Unit from Kustom Signals , Inc . at a cost of $2 , 595 . 00 from the Capital Improvement Fund less $400 . 00 trade in allowance , and authorize use of the $450 . 06 proceeds from the sale of the ambulance to apply toward purchase . MEMO TO : John Anderson City Administrator FROM : H . R. Spurrier : -7 City Engineer RE : Improvement of Railroad Crb ing DATE : February 26, 1982 Introduction : The City of Shakopee has been advised by Minnesota Department of Transportation (Mn/DOT) that matching safety funds are available for rail- road crossing improvements to Apgar Street or Scott Street. Background : The proposed work would consist of the installation of warning signals and reconstructing the railroad crossings. The estimated cost of the improvement varies according to which alternative is selected. For either alternative, the State would fund 90 percent of the railroad crossing improvement cost, leaving 10 percent to be financed by the City. The City match could be funded by State Aid. Other elements of the project could require and even greater amount of participation by the City. This funding is not without conditions. The State will not fund the project unless Scott or Apgar is closed. In other words, if the work is performed on Apgar, Scott Street must be closed. If the work is performed on Scott Street, then Apgar must be closed. Alternatives : There are three alternatives : 1 . Improve the grade crossing at Scott Street; 2. Improve the grade crossing at Apgar Street; 3. Do nothing. At Scott Street the work would consist of improving three grade crossings for the three tracks and installing warning signals. Reconstructing the grade crossings would cost an estimated $100, 000. Installation of the warning signals would cost an estimated $100,000, for a total cost of $200,000. The City's share would be 10 percent, or $20, 000. This amount could be paid out of the State Aid construction account, provided State Aid designation was transferred from Apgar Street to Scott Street. 1 f John Anderson February 26, 1982 Improvement of Railroad Crossing Page -2- Advantages: 1. The semaphore is located at 1st Avenue and Scott Street, making that intersection a safer intersection from which to enter 1st Avenue. 2. The Fire Station is located at 2nd Avenue and Scott Street. A location next to a collector street is an advantage to a Fire Station. 3. The hospital emergency entrance is located on Scott Street. 4. Only three tracks must be crossed by traffic, making the crossing safer for both vehicles and trains. 5. Improvement of the graie is needed for improved ride. Disadvantages: 1. The City is required to close one grade crossing. This is considered a disadvantage by anyone who believes the City should have as many grade crossings as possible. 2. Representatives of Crown Auto believe that closing Apgar would damage their business, but if Apgar Street were vacated in conjunction with the closure of the grade crossing, such vacation could benefit the property. 3. Representatives of Shakopee Lumber Company believe that such closure of Apgar Street would absolutely damage the Lumber Company's business. At Apgar, the work would consist of reconstructing five grade crossings, installing warning signals and moving the semaphore from Scott Street to Apgar Street on 1st Avenue. Improving the grade crossings would cost an estimated $130, 000, installing the signals would remain at $100, 000 and the cost of moving the sema- phore to Apgar Street would cost approximately $50, 000, for a total cost of $280, 000. The City's share would be $73, 000; $23, 000 for the 10 percent match and $50, 000 for moving the semaphore to Apgar, which would not be eligible for participation by Mn/DOT . Advantages: 1. The semaphore on 1st Avenue would be aligned with County Road 77. 2. Improvement of the crossing is needed for safety. 3. Improvement of the crossing is needed for ride. Disadvantages: 1. The City must close one grade crossing. This is considered a disadvantage by anyone who believes the City should have as many grade crossings as possible. John Anderson February 26, 1982 / Improvement of Railroad Crossing Page -3- 2. One business would be isolated in the event the railroad crossing at Scott Street was closed and the other business perceive such closure to be extremely damaging. 3. Access to the hospital emergency entrance would become more difficult. 4. Access to the Fire Station would be more difficult. 5. The City would have two additional grade crossings on Apgar. 6. Verticle alignment of Apgar Street between 2nd Avenue and 1st Avenue is less desirable on Apgar than on Scott Street. 7. Verticle alignment south of 2nd Avenue is less desirable on Apgar than on Scott Street. The final alternative is to do nothing. There are no specific construction costs in doing nothing. There are the unspecified costs of accidents that occur because of the existing grade crossings. Advantages: 1 . No alteration will be made to the access of businesses on 1st Avenue or on Scott Street. 2. The City has no expense in the construction. Disadvantages : 1 . Injury accidents will continue to occur on Scott and Apgar Streets because the grade crossings have not been improved. 2. Cars will continue to be damaged by the inadequate grade crossings. Conclusions: There is no unique advantage to closing Scott Street. There are numerous disadvantages to closing Scott Street, therefore, the alternative of closing Scott Street should be rejected. The choice should be between doing nothing and closing Apgar Street. The decision is a choice between public safety and the possible loss of commerce by two businesses. There have been four accidents since 1973, two have been injury accidents and two have resulted in property damage. No accidents have occurred at Scott Street. It is my opinion that building for safety is more important than the potential loss of commerce by the businesses at 1st and Apgar. Offsetting potential loss is the fact that the City could vacate Apgar except for any necessary utility easements since Apgar would be of no value if the railroad crossing was closed. John Anderson February 26, 1982 '- Improvement of Railroad Crossing Page -4- Action Requested : Direct City staff to prepare a resolution agreeing to close the railroad grade crossings at Apgar, agreeing to pay 10 percent of the construction cost, then direct staff to prepare resolutions revokinc7 Municipal State Aid Street Designation for Apgar and a resolution establishing Municipal State Aid Street Designation for Scott Street. HRS/jiw 3-1-82 Mr . John Anderson Administrator • City of Shakopee 129 E. 1st . Shakopee , MN. 55379 Dear Mr. Anderson and Council Members : Recently I wrote the city expressing an interest in serving on the Shakopee Public Utilities Commission. I am aware that decisions of this nature are difficult to make and therefore perhaps more information about my background would serve to help you in your considerations . My family and I have lived in Shakopee for the past eighteen years . During this time my involvement in the Community has included the following: A. Member Eagle Creek Planning Commission for four years . B . Worked as the main contact in Eagle Creek for consolidation with City of Shakopee . C . Member of Shakopee City Planning Commission . Chairman for several years . D. Member and first Chairperson of Downtown Beautification Committee - a fore runner of the current C. B .D. Committee . E . Member of Shakopee Charter Commission. F. Member of Shakopee Chamber of Commerce for fifteen years . Board of Directors for twelve of those fifteen years . Past Vice President and Past President . Currently on Board of Directors , serving as Vice Chairman - President Elect for next year. G. Received the Jaycee Distinguished Service Award, 1974. H. Member of Shakopee Rotary for fourteen years . Served on Board of Directors , eight years . Past Treasurer , Past Secretary, Past Vice President , currently President . I . Served on St . John' s Church Council for fifteen years . Several years as Vice Chairman and several years as Chairman. J . Currently serve on Police Commission . Served as Secretary and am currently Chairman. K. Member of the 18-169 Committee at it inception and support that work yet . EDUCATION : Hold a B. S . degree in Education, Master degree and a Specialist ' s degree in Administration. WORK EXPERIENCE : Four years United States Navy 1950-54. Twenty five years in education - twenty three of them in Administration. My purpose in presenting this material is to point out that I have always had a strong coimnittment to the Shakopee Community - its growth and betterment . I continue to have strong feelings about this Community and wish to serve in all areas as a learning experience and as a service . Thank you for your consideration.cS ' cerely, 4/414/L44,1 Vir it S . Mears M/d 1 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 witn 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 . C:' "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 cause 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 Jf 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 it- in • Picture is clearer . _ . for area cable TV By META GAERTNIER ny would have to lay more cable The Minneapolis Star to reach subscribers. A joint ven- - While Burnsville and Eagan are ture with the two wouldn't hold contemplating a hand-in-hand down costs, city officials were `� / . i� entry into the age of cable televi- told. 7 G� � cion, three other southern co - ! No matter which proposals munities are making preparations Shakopee council members sp- as well. prove, residents would pay a , Shakopee and Prior lake have minimum charge of $7.95 per decided to go after cable service month for basic service. That in- on their own; Savage is hoping it eludes the cost of serving 80 to can be included in a Burnsville- 90 percent of Shakopee's house- Eagan agreement. holds; if cable is laid to outlying -Here's the status of cable tele- homes, the charge would be from vision in the three communities: 55 cents to$4 more. ' • The Shakopee City Council The proposal by Zylstra-United began preparing to bring cable Cable Television Company, a television to its 10,000 residents partnership of firms in South Da- in July 1980, by appointing a six- kota and Colorado, is offering 37 person advisory commission. The channels (including local broad- preliminary work has been done cast stations, some out-of-state and a consultant is reviewing broadcast stations, some sports, bids from two companies. news, religious, educational and Hearings on the two proposals public access channels) for that are expected sometime in April, basic cost. (To service all of with the City Council making a Shakopee, it proposes,a fee of decision in May. Then the Minne- $8.50.) Its proposal includes a to- sota Cable Communication Board tal of 58 residential channels and has to certify the city's franchise, a guarantee that service in Shak- which it is likely to do in July or opee would be completed six August. If all goes well, city offi- months after the city's franchise cials say, Shakopee could have a receives state certification. complete cable system by sum- The other proposal, by Prog- mer of next year. ress Valley Totalvision, a part- Like Burnsville and Eagan, nership between two Minnesota Shakopee originally considered companies, offers 36 channels at teaming up with adjacent corn- the basic service cost (it would munities. The city approached cost $11.95 per month) to service Prior Lake and Savage in the fall all of Shakopee). The company of 1980 about combining into a proposes a total of 62 residential larger cable service territory that channels, with cable installation would be more attractive to cable to be finished within a year after companies and hold down sub- state certification of the fran- scriber costs. But Savage and Pri- , chase. or Lake at that time hadn't done • Prior Lake officials also are much cable preparation, and predicting cable television ser- Shakopee council and commis- vice in their community some- sion members feared the two cit- time in 1983. The city's seven- les would hold them back. member cable advisory commit- Meanwhile, talks with several tee has completed an interest sur- cable companies indicated that vey and spoken to several cable Shakopee was an attractive mar- companies to determine the feasi- ket in itself (a questionnaire sent bility of bringing cable service to to 3,000-plus Shakopee house- Prior Lake's 7,500 residents. holds indicated that two-thirds of Seventy percent of the resi- those who responded would sub- dents who responded to the sur- scribe to cable service.) And be- vey indicated they'd either sign cause housing and population in TV Prior Lake and Savage are less dense than in Shakopee,a eompa- Continued wisest page . . . (TV, from Page 4) be beneficial for us all." Savage officials have met with up for cable service, or might not Eagan and Burnsville representa- but felt that having it available tives twice in the past several would benefit the community; months, but no arrangement has cable companies, meanwhile, been made. While Sinda admits have indicated interest in bidding that Savage isn't large enough to on Prior Lake. make much difference in service Using data from the survey, and'cost pro sals if it were to. •the committee is preparing a join an-Eag ut'rlsville service needs assessment report that is territory, says Savage's one of the steps required by the growth potential makes it an at state before a franchise'can be tractive addition." granted. Then what is called a Cable companies look at both "request for-proposal" must be existing population and its densi- prepared, outlining the type of ty and growth potential in decid- service Prior Lake wants. That ing whether to bid on an area. then becomes the basis for any Sinda notes that the Savage City bids. City officials say the earli- Council approved plans for 700 est a franchise could be awarded housing units in 1981 (to be built >' would be this summer, with most when interest rates drop) and of the cable installed next year. that Savage's population is ex- • City Administrator Hank pected to reach 10,000 in 1990. Sinda says Savage's 4,000 resi- The proposed joint powers dents probably won't be able to agreement between Burnsville get cable, unless the city can ride and Savage provides for the addi- on the coattails of Burnsville and tion of other cities, and Burns- Eagan to the east. "We're too ville Cable Commission Chairman small a town to go out and get a Paul Wood said that 'including company to bid on us," Sinda. Savage hasn't been ruled out.But said Monday. "The cost would be Wood said the matter would prohibitive and we wouldn't be have to be studied carefully, to offered as good a service. We're make sure Burnsville and Eagan hoping i Burnsville and Eagan] subscribers wouldn't be subsidiz- will get together and take a look ing cable installation and service at us. Having more cities-would in Savage. 1- _ _ /01"---- FROM: CITY OF SH TO: 129 East First Ave., ShakopeeAKOPEE, MN Zip 55379 Ph1e (612) 445-3650 Nam e• SUBJECT: 441(.4/: v 44r fig,-L._/ DATE ---/‘1" ;k21: 0 g/ ) _ a %'it,% i i)jit, 41,-/Z64.21 _ 00/1.,- Y-4/Z_ -2....-d-0-- '2. 01.,,,k„ , ---- 'it 0 /ilki - 0'i/ 1 S/A ,�' –/ V4<-40-)( /'y ? ? 666_6 :6666 6666. __J. .. , "b-- . '_V,,.�.... Pfl-, difi2,e/c_ia .t � �. V tatni--- ek--6- 1--\ ,- ., i , REPLY TO DATE / BY /` ''. i'a/1,/t e, vi.e e',a-4/'e,l ''e gelly 5-r,d7 //4,707 .01-1.. -4_06„.7. a,(4 /7.. _ , , ,c)..47,4 ,0% G /e,-- - G iat-l0�L�d ,(44- /7b- Vic,, !U'.4 o efrLGs '71 A/44y_, „.,4e-rs-- yo-e 40--k).1 , ...„- .4//5-s--,,-7 ,04./,.. zi"7-4, .77/,,,,‘„ pi ......4.0.e.„7 6666 // ,�./ r 4y - 7,,y'' 7 — � f ,.fie � e 2 4-1.e.e-iv40-# eiv,x,cip,,v.e.,,,..., ,,, 4-- .� /...../ies / (40,zd__, 4L•11 ..."3.74+ /11,:ee;te-16( t .:(,-,i, f.,,A., 7roo‘i ° _redrA,1 ' --' /1,-1'7•40‹..__4' �� /(4 /4011 otile4€/01447 RETURN PART TO SENDER WI i h REPLY BY - Zea z..-' ir J - — _ ' / ce � �1� '� ' ,- , ® ' CL -v 847-3 , / /�` / 1- .0, , ., /2.-).1, ; . 4 %Ave- ./.0744.7 // ' , p , �V/ / irld'e#Le— / .-v{/ �L9 %fril-e% V • a _-- .a - - , 13c4 X. FI2ROfir+-4-, .. VM, 9 _ _,... , _V-\ . '.iii a _ .♦ ` �- _ • , a V m t , . _ _ i \ X _ • 5 l �. - , - , I- . "`` . , `� ti .-t - x .. `'4N .a� _ .1 . l \.-. . -`, \1�:�\'`\\ ?� 'V" :may�'� '' ,..♦. `�'�"�'^•- �"�` ^- �.�.s,�,f .. _ .. •'-7 �-',�.- . .-..% �! - --..-‘=".5..,„. \\- %i'e. \`. �.. 5 ` ` b 1A ?t, j -, 0 C .PtZt� January 1 , 1982 TO WHOM IT MAY CONCERN WE THE UNDERSIGNED FREEHOLDERS IN THE 800 BLOCK, BETWEEN LEWIS AND SOMMERVILLE STREETS, CITY OF SHAKOPEE, MN . , DO < ire HEREBY GRANT SAID CITY AN EASEMENT ON THE ALLEY IN THE NORTH HALF 0:;' THE BLCCK FOR ANY AND ALL PURPOSES OF MAINTENANCE. SIGNED : ) .}. g' °�/ ______.____ .. _,1 G , jter' r