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HomeMy WebLinkAbout04/06/1982 46 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-agenda Informational Items DATE: April 2 , 1982 1 . Ashland Oil has elected not to use the IRB financing which the City preliminarily approved. 2 . The cleaning ladies have begun to do some bulk purchasing of cleaning supplies in an effort to get better prices . 3 . Bo took my new 'K' car to a seminar in Wisconsin and got 32 .45 miles per gallon with less than 1000 miles on the car. 4. The Renaissance Festival recently received a conditional use permit from the County to: ( 1 ) enlarge their site, ( 2 ) expand their offices into the home at the site and ( 3 ) add meeting facilities in a barn that will accomodate 500 people . They have not expanded the Fair' s 6 weekend schedule with these changes . 5 . Four property owners from Deerview Acres did not drop their assessment appeal , all the others have dropped it as per our agreement . Rod has sent out interrogatories so we will know shortly why they did not drop the assessment appeal . 6 . One of the subcontractors on the County Road 16 utility project , completed last fall, has filed a construction claim against the general contractor and named the City too. Jack Coller has advised me to make no further payments until the problem is resolved. 7 . Al Rybak and Walt Schmitt were served a police "tab charge" for a street cut without a permit . The Mayor, City Engineer and I met with Al Rybak and the issue has been resolved with Al paying double the permit fee. Rybak and Schmitt had felt the City was "heavy handed" and should have told them to get a permit before charging them. One reason that wasn' t done was because the circumstances under which the original plumbing permit was issued made it appear that they had blatantly disregarded the need for the street cut permit . 8 . Council had asked whether or not we could require street lighting in the Industrial Park when processing plats , etc. The City can require it under Section 12 .06 Subd. 6 and we will be watching for this on future plats . 9 . John Leroux had given us the name of a MWCC employee in charge of an experimental tree program. The trees , grown in sludge and composite , are available and Jim Karkanen is making arrange- ments to get some . 10. Attached is a follow-up memo from Tom Brownell regarding motor homes parking at First and Fuller. Non-agenda Informational Items Page Two April 2 , 1982 11 . Attached is another letter from United Cable Corporation regard- ing the Progress Valley proposal . Jeanne has forwarded it to the consultant and the Cable Committee. 12 . Attached is a response from Charles R. Weaver regarding our letter requesting that a scavenger dumping site be provided at Blue Lake . It appears that our timing was excellent . 13 . Attached is an League up-date on recent bills affecting cities . 14. Attached is a copy of a letter the Mayor received from Rep. Bill Frenzel . 15 . Attached is a memo from Tom Brownell regarding the department ' s current practice in handling curfew enforcement . If you have any question in your mind about the need to change this policy call me . 16 . Attached are the minutes of the March 4, 1982 Board of Adjustment and Appeals meeting. 17 . Attached are the minutes of the March 4 , 1982 Planning Commission meeting. 18. Attached are the minutes of the March 3 , 1982 Shakopee Police Commission meeting. 19 . Attached are the minutes of the March 8 , 1982 SPUC meeting. 20. Attached is the building activity report for March, 1982 . 21 . Attached is the monthly calendar for April , 1982. JKA. /jms >:«moi;, City of Shakopee -' P e POLICE DEPARTMENT Ar I)��1 1 476 South Gorman Street l yt E C tr- `SHAKOPEE, MINNESOTA 55379 l� �'`' Tel. 445-6666 Aq c{`?) ' 0Y, ...T P - t 55379 , l TO: Mayor, Council Members FROM: Tom Brownell SUBJECT: Motor Home Parking - 1st and Fuller DATE: March 18, 1982 INTRODUCTION On March 16, 1982 , Council directed staff to review the traffic hazard created by the parking of recreational vehicles diagonal- ly on Fuller Street. BACKGROUND The Chief of Police , City Engineer and City Planner reviewed the zoning regulations and City Code to determine if a violation existed under current regulations with negative results. The Chief of Police met with the managers of Total Transporta- tion and Auto Plaza. The managers related that two twenty-eight foot rental units were the problem vehicles. They indicated a problem with their lot behind Jim and Lucy' s, which due to the weather is very muddy, and the roof of their building, which can be used for parking, has a water problem. They intend to re- surface the roof as weather permits and will use the lot behind Jim and Lucy' s on a daily basis as soon as the frost leaves the ground. ALTERNATIVES 1. Request Council to consider revising the City Code to pro- hibit diagonal parking of motor homes. This action would be directed at one known problem area in the City and would not resolve the hazard in a timely manner. 2 . Stipulate in the Black Arrow parking lot agreement with Total Transportation Services authorization to park a maxi- mum of two twenty-eight foot motor homes parallel to the south curb line adjacent to the alley within the ten lease go S'E'CTE JO PZOEECt Motor Home Parking - 1st and Fuller Page -2- spaces authorized by Council until April 15, 1982 . STAFF ACTION Include alternative number two in lease agreement and execute agreement. COUNCIL ACTION REQUESTED None. Informational memorandum. united cable television corporation Vit. • • March 30 , 1982 i` 1 • OM 0c41* 3HAKOFE E Ms. Jeanne Andre Administrative Assistant City Hall 127 East First Avenue Shakopee, MN Dear Ms. Andre: In our response to the consultant ' s preliminary evaluation of cable applications, we failed to mention that Zylstra-United ' s competitor , Progress Valley Totalvision , has not disclosed its entire rate structure in Form L of the proposal. Specifically, no mention is made in Form L of the $2 monthly converter rental charge assessed by the applicant to Basic (Tier 2) subscribers, although such a charge is clearly indicated in Form I , page 3. The language used by the applicant is: Convertors are not necessary for 7 channel universal service. All other services will require an OAK model L-35 which we will sell for $60 each or can be rented for $2 per month. Because the cable system will use standard frequency modulation, subscribers will also have the freedom to purchase their choice of converter or cable ready TV on the open market. In Form G, page 2 , Progress Valley includes revenues from converter rentals in the "other" category. "Other" revenues per basic subscriber begin at $24 in year one and increase at a compounded annual rate of about 4%-5% in years four through fifteen. In short, we submit that Progress Valley ' s Basic Service cost is $9. 95 if converter rental charges are included, and not the $7. 95 indicated in Form L. We hope this information will be considered in the final evaluation. Respectfully, avid nand Corporate Development DL :vls cc Anita Benda Roger Zylstr a Denver Technological Center • 4700 South Syracuse Parkway • Denver, Colorado 80237 • (303) 779-5999 Metropolitan Council 4111t44 300 Metro Square Building �p,> l'AVR ? 19d2. Seventh Street and Robert Street f Saint Paul, Minnesota 55101 1�+ t�• w. Telephone(612) 291-6453 CITY OF SHAKOPEE w� Office of the Chairman Pg- yF March 16, 1982 John K. Anderson City Administrator City of Shakopee 129 E. First Av. Shakopee, MN 55379 RE: Dumping Facilities for Scavengers Dear Mr. Anderson: In response to Shakopee's desire to have a waste disposal site for septage provided by the Metropolitan Waste Control Commission (MWCC) , please be advised that this subject is under active consideration by the MWCC and its staff. MWCC consideration of septage disposal sites in the metropolitan disposal system responds to policy 48b of the Council 's "Water Resources Management Development Guide, Part 1: Sewage Treatment and Handling Policy Plan." That policy states, in part, "The commission should determine whether and at what point septage can be accommodated in the metropolitan wastewater disposal system. If it can be accommodated, the commission shall establish receiving points and procedures for such septage." The MWCC is in the process of responding to that policy, but they have not identified a specific site in the Shakopee area. The city has an opportunity to assist the Commission in identifying sites by responding to the March 9, 1982, questionnaire on this subject sent out by the MWCC. Since the accommodation of septage in the metropolitan area is largely an opera- tion issue, the Council 's role will be limited. However, please be assured that we are concerned about the need to provide for adequate, environmentally sound, cost-effective septage dispsoal . If you have any further concerns on this subject, please feel free to contact John Harrington of our staff at 291-6324. Sincerely, Ce:la Charles R. Weaver Chairman CRW:sa cc: Senator Bob Schmitz, Minnesota Senate Representative Tom Rees, Minnesota House of Representatives William Sando, Metropolitan Council District 16 Ray Odde, Metropolitan Waste Control Commission John Harrington, Metropolitan Council Staff action alert Ill , SII /3 league of minnesota cities , n. March 23, 1982 LJ WiR 2 51982 TO: Managers and Clerks g CITY°�� Offi �1AK®PEE FROM: Peggy Flicker, Legislative Counsel SUBJECT: Impact of tax bill and budget-balancing bill This memo will briefly highlight several important actions taken by the Governor and Legislature that might have an immediate effect on cities ' actions. A more detailed summary will appear in the next Legislative Bulletin which you should receive by mid-April . 1) Budget cuts The most recent budget-balancing bill cuts an additional $5.5 million in state pay- ments to cities due in 1982. The local government aid payments are not cut further. The cuts will be taken instead in the homestead credit reimbursement payments. The $5.5 million translates into a 6. 3% cut in each city' s 1982 reimbursement. However, each city should plan on a total shortfall of 8.2%, due to the proportional cutback caused by the additional school levies allowed in January. These figures are based on Dept. of Revenue estimates. The Department will send each city a letter next week explaining exactly how to calculate the amount to be cut. No additional levy authority for 1983 has been granted to make up for any of the cuts. 2) Municipal bond interest rates; negotiated sales a. The 12% interest ceiling has been removed and replaced with a floating ceiling. The rate will vary monthly according to the Bond Buyer' s Index of 20 Municipals. The maximum will be that rate plus one percent and rounded to the next highest percent. The monthly maximum will be published each month in the State Register by the Commissioner of Finance. The 12% ceiling applies to any obligations authorized by resolution before May 1. The new floating rate will apply to any obligations authorized by resolution after May 1. b. Effective March 23, the public sale requirement does not apply to obligations sold by an issuer in an amount not exceeding the total sum of $300,000 (formerly $200,000) in any three month period. 300 hanover building, 480 cedar street. c, inr naul, minnesota 55101 C6123222-2861 (OVER) 3) Tax increment financing Numerous changes were made to the tax increment financing law. The changes are effective :with respect to districts for which certification is requested after June 30, 1982. (One change relating to changes in the type of district applies to any district which is changed after March 23.) Some of the changes make the law somewhat more restrictive and some changes im- prove the law. For example, authority is given to issue temporary g.o. bonds, which should reduce interest rate costs. If your city is in the midst of develop- ing a TIF plan or project, have someone check these changes. You may have to modify your plans or adjust the timing of the project. If you want to receive a copy of the changes, call Peggy Flicker at the League. PF:ara ./f rif ,,, . ,,,,1 Ili,/ HOUSE OF REPRESENTATIVES MAR C 9 :-J2 WASHINGTON, D C 20515 _ i BILL FRENZEL `�HIRD DISTRICT March 24, 19JCl 'R• i� t„ri'•_ SH,V:, .(4r_ MINNESOTA ��`' .1„:7::•.;:. . The Honorable Eldon Reinke Mayor. Shakopee { 129 East First Avenue Shakopee, Minnesota 55379 i ,, ; Sd " Dear Mayor Reinke: 0.40011 I, °P-----lasOn March 12 a U.S. District Court approved a Redistricting Plan for Minnesota which put Shakopee into a new 3rd Congressional District. Under the current plan, I represent the existing 3rd District. 4 That Plan has been appealed to the Supreme Court. Those favoring the appeal, including myself, believe the District Court's duty was to balance tal the population in the existing districts, rather than to scramble the whole 01>3.; . state. I believe that people can be confused by being shuffled between 411:4�:. various jurisdictions, and therefore that some long-term stability of districts is desirable. • Nevertheless, it is possible that the District Court Plan may stand, and that I may represent the new 3rd District. I know you are now well represented op by Congressman Torn Hagedorn, and have no desire to impose on that relationship. ' #, However, should you find it convenient or helpful to provide counsel to me ..:_;..1a• on legislative matters, or to seek assistance or information, I will be pleased to hear from you. j Yours vetruly, 1 (14:24, (..;.Th,_ Bill Frenzel Member of Congress BF:mjn 0,I I 1 .lir,., y 44,094"4"''' INAN, City of Shakopee 15. _ s ti A� 0 P E E POLICE DEPARTMENT { �r1 p r \f y) er �o w '1,"� 476 South Gorman Street l'O\ • {) .(....,_ IC)}ice SHAKOPEE, MINNESOTA 55379 < l t. Tel. 445.6666 ? dP .0 L i C i 55379 _ s . s. ., -••• ��7 ' ;a TO: Mayor, Council Members FROM: Tom Brownell SUBJECT: Curfew Enforcement DATE: March 17, 1982 INTRODUCTION I have received notification of your council action dated March 16, 1982 , whereby the council expects consistent enforcement of the existing curfew code . BACKGROUND On September 18, 1979, I requested a revision of the curfew code which would enable the police department to effectively resolve an on-going problem in the Bluff Street area. Upon adopting the present curfew code, the council specifically stated they would expect the curfew law to be enforced with discretion and not as a basis for numerous arrests. I believe we have applied the curfew law with consistent dis- cretion as the following statistics will indicate. CURFEW VIOLATIONS 1979 (6) - 1980 (4) - 1981 (3) . go GJEWE ¶Jo . ZOtEct City of ShakopeeJ7(I� /, K o POLICE DEPARTMENT ;a• 17 .•q . 1 . �i � 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 TeL 445-6666 • ! 55379 September 18,. 1979 • Mr. Douglas Reeder City Administrator 129 East 1st Avenue Shakopee, Minnesota 55379 Dear Doug: I am writing in reference to a problem which I feel is very serious and should be brought before the Council for immediate consideration. Recodification of the City Ordinances resulted in the modification of the curfew ordinance, which excludes juveniles over the age of fifteen years . During the past two months, the Bluff Street area has developed into a major problem. Large numbers of juveniles are frequenting the area for the express purpose of consuming alcohol , drug abuse, and engaging in sexual activity. Numerous complaints from area residents has resulted in the ma- jority of the police function being directed to this specific area, drastically reducing patrol availability within the remainder of the City. The lack of an effective curfew ordinance prevents the Police from removing the juveniles from the area until an overt act is committed. The verbal abuse and threats directed at the Officers is particularly disturbing. While the Courts have ruled that Officers must be more tolerant than other persons , confirmed abuse during the course of several hours leads to over-reaction. While the police function is directed primarily toward enforcing the law, we also have an obligation to prevent juveniles from becoming involved in activities which will result in arrest and/or physical injury. I therefore request that the curfew ordinance (No. 164) prior to recodification he reinstated in it' s entirety. J O CS'L4VL JO YOtLet Mr. Douglas Reeder �5 September 18 , 1979 Page 2 also encourage members of the Council to evaluate the situation personally and extend an invitation to accompany an Officer on any Friday or Saturday night. • Sincerely, Thomas G. Brownell CHIEF OF POLICE TCB :dmh ,/t PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 4, 1982 Chrm. Schmitt called the meeting to order at 7:30 P.M. .with Comm. Koehnen, Coller and Rockne present. , Comm. Czaja arrived later. Comm. Stoltzman and Perusich were absent. Also present were Don Steger, City Planner; John K. Anderson, City Admr. and Cncl. Vierling. Koehnen/Coller moved to approve the minutes as kept. Motion carried with Comm. Coller abstaining because of his absence at that meeting. PUBLIC HEARING - Hvidsten Variance Request (PC 82-7V) Coller/Koehnen moved to open the public hearing on the 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. Motion carried unanimously. The City Planner explained the considerations and explained the addition could be reduced in size, and it is questionable whether the request meets the "hardship" criteria of the City Code. Therefore staff recommends a reduction in the setback request. Mr. Hvidsten stated he re-measured the distances involved and gave the new distances between the existing structure and the lot line and the closest neighbor's structure. Comm. Czaja arrived at this point, 7:40 P.M. Further discussion took place regarding the correct distances. Chrm. Schmitt asked if there was anyone else in the audience who wished to comment on this item, and there was no response. The City Planner asked the applicant if he could go smaller with the addition. Mr. Hvidsten explained that with these corrected measurements, the variance request would be less. After further figuring, the City Planner suggested granting a setback re- quest of 22 feet. Mr. Hvidsten stated his nearest neighbor had no objection to the location of his addi- tion. Coller/Koehnen moved to close the public hearing. Motion carried unanimously. Coller/Rockne offered Variance Resolution No. 297, granting a 5 foot variance from the sideyard setback variance, and moved its adoption. Coller/Rockne moved to amend Variance Resolution No. 297 granting a maximum of 22 foot variance from the sideyard setback variance. Motion to amend carried with Comm. Czaja abstaining. Variance Resolution No. 297 as amended carried with Comm. Czaja abstaining. The City Planner informed the applica n1 of the 7-day appeal period during which time the decision of the Board of Adjustments and Appeals can be appealed. Pending no appeal, the applicant may apply for a Building Permit after the 7-day appeal time frame. • Shakopee BORA March 4, 1982 Page 2 PUBLIC HEARING - Renden Development Variance Request (PC 82-4V) Coller/Rockne moved to open the public hearing on the variance request for 15' variance from the front yard setback requirement and a 5' variance from the rear- yard setback requirements to develop proposed Evergreen Plat. Motion carried unanimously. The City Planner explained the request for the variances and the considerations. He stated that staff is recommending approval of the variances. Discussion was held with Gary Laurent and Dean Walden of Renden Develop. Corp. re- garding dimensions of the townhouses and distances shown on the plat. Chrm. Schmitt asked if there was anyone in the audience who wished to comment on this item, and there was no response. Coller/Czaja moved to close the public hearing. Motion carried unanimously. Coller/Czaja offered Variance Resolution No. 295, which grants the following variances: 1. A 15 foot front yard variance off of 13th Ave. for buildings 3, 4, 5 and 6; 2. A 5 foot rear yard variance for buildings 4, 5 and 6; as referenced on the plat dated February 11, 1982, and mored its adoption. Motion carried unanimously. Coller/Czaja moved to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 8:10 P.M. Don Steger City Planner Diane S. Beuch Recording Secretary /7 PROCEEDINGS OF THE PLANNING COMMISSION Regular Session Shakopee, Minnesota March 4, 1982 Chrmn. Schmitt called the meeting to order at 8:10 P.M. with Comm. Rockne, Koehnen, Czaja and Coller present: Absent were Comm. Stoltzman and Perusich. Also present were Don Steger, City Planner; John Anderson, City Admn. , and Cncl. Vierling. Koehnen/Czaja moved to amend the minutes of February 5, 1982, Page 3, Paragraph 1, to read: "Comm. Koehnen stated that although she had not received any complaints and Mr. Laudon is doing a good job of following the conditions, 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 the applicant. Comm. Perusich stated if the people in the area have not complained in a year, they must be satisfied". Motion carried with Comm. Coller abstaining because of his absence at that meeting. Koehnen/Czaja moved to approve the minutes of February 4, 1982, as amended. Motion carried with Comm. Coller abstaining. Review - Fenske Conditional Use Permit: City Planner stated that pursuant to a condition of approval on Conditional Use Permit Resolution No. 284, adopted August 13, 1981 to allow for a dance studio as a home occupation for Sharon Fenske, 642 Adams, staff conducted a review and finds no problems or complaints. Coller/Czaja moved to accept staff review and establish a second review for March 1983. Motion carried unanimously. Public Hearing - Shehan Conditional Use Permit Renewal (PC 82-8 C/R): Coller/Rockne moved to open the public hearing on the request for renewal of existing Conditional Use Permit Resolution No. 270, to continue operation of a fast food/ game room facilities in a B-1 Zone. Motion carried unanimously. The City Planner stated there have been no complaints concerning the operation of the business in the last year. He also stated the Police Chief has received no complaints and indicated the business is being well-managed. Because of the lack of problems, the City Planner suggested the permit could become permanent. Chrmn. Schmitt asked if there was anyone present in the audience who wished to comment on this item. There was no response. Rockne/Coller moved to close the public hearing. Motion carried unanimously. Coller/Czaja moved that Conditional Use Permit Resolution No. 270, allowing a fast food/game room facilities in a .B-1 Zone be renewed and Condition No. 1 be amended to read "Annual review". Motion carried unanimously. Gary Shehan stated he has been strict about enforcing the condition, as set forth in the adoption of his Conditional Use Permit, regarding curfew hours. He further stated that after minors leave his place, in accordance with the curfew, they either wait outside or go to other businesses in the area. He added that the Police do not appear to enforce the curfew hours at the other places. He stated he feels it is discriminatory if he is the only business that is required to operate with curfew regulations. Discussion followed. Proceedings of the March 4, 1982 17 Shakopee Planning Commission Page -2- The consensus of the Planning Commission was that Condition No. 5 of Conditional Use Permit Resolution No. 270, adopted March 12, 1981 which states, "Game room hours of operation are limited to curfew regulations (5:00 A.M. to 10:30 P.M. )" and pursuant to Conditional Use Permit Resolution No. 270 amended September 10, 1981 which adds "except on Friday and Saturday where hours are thusly amended to 1:00 A.M. for the adult patronage", is to be interpreted as game room hours only having curfew restrictions and if minors are in the restaurant area only, that would not be a violation of the Conditional Use Permit. The City Admn. suggested the City Planner communicate this interpretation to the Police Department. Public Hearing - Strehlow Conditional Use Permit (Amendment) PC 82-10 C/A: Coller/Czaja moved to open the public hearing on the request to amend Conditional Use Permit Resolution No. 271, granting operation of a nursery school in an R-2 Zone, to provide for additional hours and days of operation. Motion carried unanimously. The City Planner stated that pursuant to a condition of Conditional Use Permit Resolution No. 271, annual review had been conducted by the staff and there are no problems or complaints. He then detailed the request by the applicant to amend this Conditional Use Permit by allowing for additional hours of operation. Discussion followed. Chrmn. Schmitt asked if there was anyone in the audience who wished to comment on the item. There was no response. Rockne/Czaja moved to close the public hearing. Motion carried unanimously. Rockne/Coller moved to amend Conditional Use Permit Resolution No. 271, allowing for the operation of a nursery school in an R-2 Zone, adopted April 9, 1981, by changing the hours of operation to read, "the hours of operation be limited to 9:00 A.M. to 12:00 Noon Monday, Wednesday and Friday and 9:00 A.M. to 2:45 P.M. Tuesday and Thursday". Motion carried unanimously. Public Hearing - Whipps Conditional Use Permit (PC 82-6C): Rockne/Coller moved to open the public hearing on the request for a Conditional Use Permit to occupy a mobile home as temporary living quarters while assisting in the family farming operation in an Agriculture Zone. Motion carried unanimously. The City Planner stated this mobile home has existed on this site for five years, since the approval of Conditional Use Permit Resolution No. CC-133, on March 22, 1977. He stated he has consulted with the City Atorney regarding the intent of the City Code regarding the five-year term for mobile homes and it is the attorney's opinion that our Zoning Order of the City Code allows only one five-year term. City Planner stated he does not agree with that intrepretation and believes the City can issue a new Conditional Use Permit to keep the mobile home there for another five-year term, if desired. He stated he thinks it is reasonable in this economic climate to issue this permit to allow the mobile home to continue to exist at this site. Comm. Coller stated that the thought process that went into this portion of the Ordinance was to discourage mobile homes and encourage permanent residency on a farm site. The City Planner'stated that given the economic circumstances, it is unrealistic to tell the applicant he can help with the family farm for five years only. Mr. Whipps stated his mobile home sits on four acres so he cannot build a home there. He also rents 250 acres in other locations. His farmsite is surrounded by land owned Proceedings of the March 4+, 1982 Shakopee Planning Commission Page -3- by the Metropolitan Waste Control Commission and there is no future for that particular base farm. Chrm. Schmitt stated he did not believe this body could issue a permit based on com- petent legal advice. The City Planner pointed out it is his interpretation that the Subd. regarding mobile homes does not state the permit could not be reapplied and considered. It was established that the applicant knew at the tine of the approval Qf the original permit that this five-year condition existed. The applicant stated he rents only tillable land, and could not set up residency on the other parcels he rents. Further discussion ensued regarding the sale of the sur- rounding farmland to Metropolitan Waste Control Commission. The City Planner stated the City Attorney did not feel this situation justified the hardship criteria for issuance of a permit. The City Planner stated that most communities and counties that have agricultural land tend to feel they- should do what is possible to accommodate people who are trying to make a living in farming. It is very common to have a mobile home on a farmstead and have a member of the family assist with the family farm. The ordinance does not say that the applicant cannot make out a new application for a Conditional Use Permit for the same purpose. Coller/Rockne moved to continue the public hearing to April 15, 1982 pending the availability of a formal legal opinion and alternatives relative to the ordinance. If the City Attorney does not believe such an application is valid the the Conditional Us Permit request should not come before the Commission, however, an amendment to the ordinance could be considered. Motion carried unanimously. It was further recommended by the Planning Commission that the City Planner research ideas for changing the ordinance to accommodate the agricultural environment. Comm. Coller suggested checking with other communities within the Metro area to see how they handle mobile homes on farmsteads. PUBLIC HEARING - Renden Development Preliminary Plat of Evergreen _CPC 82-5P) Coller/Koehnen moved to open the public hearing for preliminary plat approval of Evergreen, a development which would allow 24 townhouses. Motion carried unanimously. The City Planner stated this development proposes six buildings with clusters of four townhouses in each building. He explained the 11 conditions and stated staff recom- mended approval of the Preliminary Plat subject to those conditions. Comm. Koehnen questioned the City Planner regarding the buffering of residential areas from the proposed by-pass, to determine if the plat meets the requirements. The City Planner stated this plat meets the requirements of that section. The developers stated they know of the conditions and have no problems with them. Further discussion was held with the developers regarding this plat and the adjacent development. Comm. Czaja asked about the City's policy regarding signage on a dead-end street. The City Admr. stated reflective barriers on dead-end streets is among many signage items that need to be addressed around the City. Further discussion was held regard- ing sewer allotments, and the City Planner stated the City Engineer was very concerned about them and is monitoring them closely. Coller/Czaja moved to close the public hearing. Motion carried unanimously. Coller/Koehnen moved to recommend to City Council the approval of the preliminary plat of Evergreen Subdivision, subject to the following conditions: Proceedings of the March 4, 1982 I Shakopee Planning Commission Page -4- 1. Approval of the Title Opinion by the City Attorney. 2. Cash payments be made to the City, at the time of the issuance of building per- mits, in lieu of park dedication. 3. Execution of a Developer's Agreement for the construction of the required im- provements: m- provemenis: a. A sidewalk be installed along the north side of 13th Ave. ; b. Street lighting be installed in accordance with the requirements of SPUC; c, Water system. be installed in accordance with the requirements of SPUC; d. Sanitary and storm water sewer system be installed in accordance with the requirements of the City Engineer; e. Street improvements be made in accordance with the requirements of the City Engineer; 4. The sanitary sewer laterals be distinguished as to private or public prior to the final platting. If necessary, utility easements will have to be provided. 5. Final utility and street plans be submitted with the final plat in accordance with Engineering Dept. requirements. 6. Ten foot drainage and utility easements be provided around the perimeter of the entire final plat. 7. A planting (landscaping) plan be submitted with the final plat which provides buffers south and southwest of Blocks 4, 5 and 6 and east of Block 3. 8. The final plat be renamed "Evergreen 1st Addition". 9. A final water system plan and a written agreement between the developers of the plat and the Minn. Valley 6th Add'n, to provide looping of the watermains through both plats, be submitted with the final plat. 10. Sanitary sewer flow allocation agreement be executed between developer and ap- proved by the City Engineer prior to final plat approval. 11. Prior to final plat approval the developer must secure from the property owner(s) west of the Evergreen Subd. a drainage agreement recognizing that surface water run-off from this subdivision will enter the land to the west and that the property owner(s) agree to accept the additional surface water run-off. Motion carried unanimously. ALLEY VACATION REg1UEST The City Planner explained that the applicant is David Moonen, owner of the north portion of Lots 1 & 2, Bik. 30, OSP, who is asking the City to vacate part of the alley in Blk. 30. The City Planner showed on the overhead projector the location of the building and alley and explained that the applicant wishes to remodel his building and change the frontage of the building from Holmes Street to the north. He stated the building sits within inches of the alley r-o-w and he cannot properly correct a leaking roof problem without encroaching on the alley. The City Planner stated the main obstacles to vacating the alley are a lack of plans by the City for the proposed remodeling of the parking lot located in Block 30 which lies between 2nd & 3rd Avenues and Holmes & Lewis Streets and the retention of access to Lot 3, which is now through the alley. He stated the Downtown Ad Hoc Committee passed a resolution stating their support of this vacation request, and requested the City Council to vacate that portion of the alley and encouraged the City to reconstruct the parking lot, thereby providing access to the apartments in Lotas soon as possible. David Moonen stated that he only owns the north 51 feet of Lots 1 and 2. He stated the alley in front of the Huber Building is not vacated, so there is access to Lot 3 off Lewis Street through the parking lot. He plans to front the building to the north and dress it up to make it attactive to the downtown area. Anything he does depends on the City's plans for the parking lot reconstruction. Proceedings of the March 4, 1982 ( Shakopee Planning Commission Page -5- The City Engineer stated the City's plans for this parking lot are long range, and tentatively add only 8 feet to the existing drive to Lot 3. If this vacation is granted, it would add a substantial amount to the property owner of Lot 3 to main- tain. Further discussion followed regarding modifications of the existing parking lot and alternatives for access to Lot 3, including removing concrete berms. The City Admr. stated that one of the emphasis of the Downtown Committee is to move the focus of -downtown from First to Second Avenue, and maybe this is an opportunity to generate a "Town Square" effect with greenery, benches, etc. , and this should be kept in mind before committing the City to a plan for the parking lot. Cletus Link expanded on the plans for face-lifting Mr. Moonen's building, adding they want it to be a very attractive first impression for traffic entering town. Further discussion ensued. Coller/Koehnen moved to go on record indicating that the concept of the vacation of the alley in Block 30, OSP, north of Lots 1 and 2 is consistent with Shakopee's plan- ning desires, noting that the vacation requires City and developer to work out access to the apartments in Lot 3. Motion carried unanimously. INFORMATIONAL ITEMS The City Planner informed the Commission that the City Council adopted its recom- mendations regarding one-way street standards. He explained that Mayor Reinke had a concern about the 28 foot marginal access streets and requested the Planning Commission to evaluate this requirement. The City Planner has since spoken with Mayor Reinke and explained the misunderstanding, and therefore no action is necessary on this item. Chrm. Schmitt stated he would like to allocate some time to a short work session re- garding Planning Commission meeting procedures to clarify items and refresh memories about proper procedure. Comm. Coller stated his interest in going out into the industrial segment of the City and having plant tours to find out what the different industries are doing, their development and expansion plans, perception of the future, why they picked Shakopee and how they feel now about that selection. He suggested Rahr Malting would be a good place to start as it is one of the oldest in the City. Discussion followed, with consensus that the City Planner immediately start planning for plant tours to be held before a Planning Commission meeting. Rockne/Coller moved to hold the scheduled April 8th meeting on April 15th to avoid a Planning Commission on a Holy Day. Motion carried unanimously. Rockne/Coller moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:40 P.M. Don Steger City Planner Diane S. Beuch Recording Secretary MhiR3R 1582 MINUTES OF THE SHAKOPEE POLICE CITY of 3H OPE Minutes of the meeting of March 3, 1982 Meeting called to order by Chairperson Virgil Mears at 4:05 P.M. Members present: Commissioner Virgil Mears, Commissioner Dan Steil, Commissioner Stan Dircks and Police Chief Tom Brownell . Members absent: None 1 . Mr. Mears summarized the letter that was sent out to non—profit organizations in regards to the Shakopee Criminal Apprehension Fund which has recently been organized. Mr. Mears also stated that a follow—up letter will be sent to those organizations listed. At the present time the Apprehension Fund has approxi— mately $3,000.00 in initial pledges. 2. Police Chief Brownell has set up the accounts for the Shakopee Criminal Apprehension Fund and has established a separate post office box. Again, all various groups will be recontacted and the business will also be contacted. Mr. Mears and Mr. Brownell will mail the follow—up letter and will follow through on the responses. 3 . The initial meeting for the Board of Directors of the Shakopee Criminal Apprehension Fund will be held at 7:00 P.M. on April 6, 1982. That meeting will be held at the police building and will be the Crime Prevention organizational meeting. 4. There was an election of officers for the Shakopee Police Commission and Mr. Mears was nominated and approved as Chairman and Mr. Steil was nominated and approved as Secretary. Both will serve one year at those positions. 5. Motion to adjourn was made at 4:39 P.M. Daniel G. Steil March 29, 1982 / � MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Special Meeting) The Shakopee Public Utilities Commission convened in special session on March 8, 1982 at 6:00 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Bishop and Reinke, Liaison Jerry Wampach, Manager Van Hout, Superintendent Leaveck and Secretary Menden. Commissioner Nolting was out of town. BILLS READ: City of Shakopee 20,032.00 Anderson Electric 5. 76 Mary Athmann 185.64 Auto Central Supply 67.32 Battery Tire Warehouse, Inc. 36.85 Bills Toggery 50.99 Border States Electric Supply 5,430.00 Burmeister Electric Company 184.61 Chanhassen Lawn and Sports 925.50 Chicago and Northwestern Transportation Co. 1,225.00 City of Shakopee 1,415.33 Davies WaterEquipment Co. 146. 73 John Dellwo 72.05 Dunnings Hardware Inc. 28.21 Electrical World 10.00 Electrol Equipment, Inc. 12.11 Ray Friedges 65.39 Gopher State Truck Stop 27.95 Graybar Electric Supply Co. 391.27 H & C Electric Supply 371.20 Hennens ICO 6.00 Krass, Meyer and Kenning 581.13 Kremer Spring and Alignment 35.00 Lathrop Paint and Supply Co. 5.63 Leef Bros. , Inc. 15.40 M/A Associates, Inc. 268.75 Malkerson Motors, Inc. 794.07 Minnesota Electric Supply Co. 937.30 Northern States Power Co. 216,668.88 Northern States Power Co. 575.30 Northern States Power Co. 890.28 Nott Company 8.36 Eugene Pass 159.62 Pitney Bowes 79.75 Power 11.00 Power Quip Inc. 20.85 Kent Sanders 3.83 Schoell and Madson, Inc. 2,906.53 Schroeder Mfg Co. 1,006.29 Serco 52.00 Shakopee Oil Company 34.25 Shakopee OK Hardware 38.27 Shakopee Public Utilities Comm. ( Petty Cash ) 541.17 Shakopee Services 36.00 Shakopee Valley News 35.21 Software Consultants, Inc. 620.00 Starks Cleaning Service 17.30 Suels Business Equipment 10.88 Uniforms Unlimited 20.00 Richard Van Aernums 74.68 Transport Clearings 49.93 Water Products Company 919.85 Ziegler Tire Service 109.20 Motion by Reinke, seconded by Bishop that the bills be allowed and ordered paid. Motion carried. Manager Van Hout received the concensus of the Commission on sending Sherri Theisen and Sharon Moonen to a finance seminar at the Marriott Inn on April 16, 1982. Energy savings booklets have been purchased by the Commission for distribution to the Shakopee Public Utilities customers. The best way to distribute the booklets was discussed. The status of the acquistions from Minnesota Valley Electric Cooperative was reviewed by the Commission. John Wood arrived to present his objections to tree timming on his property. The Commissioners will try to visit the site to view the situation. The next regular meeting of the Shakopee Public Utilities Commission will be on March 15, 1982 at 4:30 P.M. in the Utilities meeting room. Motion by Reinke, seconded by Bishop that the meeting be adjourned. Motion carried. Lou Van Hout, Utilities Manager l CITY OF SHAKOPEE BUILDING ACTIVITY REPORT March, 1982 PERMITS ISSUED Yr. to Date Total Previous Year 5558-5570 Nurrjber ' Number Valuation Number Valuation MO. YTD. Single Fam.-Sewered 2 2 111 ,650 1 3 159 ,000 Single Fam.-Septic - 1 78 ,500 - 1 75 ,000 Multiple Dwellings 1 1 60 ,000 2 2 160,000 (Mo.Units) ( Y'TD Units) ( 2 ) ( 2 ) ( 4 ) ( 4 ) Dwelling Additions 1 2 21 , 945 2 2 34,000 Other 1 3 73 , 780 - - Business District - - - - 1 40 ,000 Agricultural - - - - - - Industrial -Sewered - - - - - - Industrial -Septic - - - - - 425 ,000 Accessory/Garages - - - 6 7 47 ,000 :: i fans & Fences 2 7 11 , 670 - - - Fireplaces/Wood Stove 1 4 4, 955 1 2 2 , 200 Grading/Foundation - 1 1 , 165 1 1 47 ,000 Remodeling (Res. ) 3 5 8 , 300 4 5 3 ,400 1 Remodeling ( Inst. ) 1 7 646 , 928 8 13 307 ,900 Remodeling (Other) TOTAL TAXABLE 13 34 1 ,018 ,893 25 37 1 , 300 , 500 TOTAL I NST I TUTTCNAL - - - - - - GRAND TOTAL 13 34 1 ,018 , 893 25 37 1 , 300, 500 MO . YTD. MO . YTD. Variances - 3 - - l•(illd i t.i 0151 I Use 1 5 1 2 Re-Zoning - - - - Moving - - - - Electric Permits 11 22 15 41 PIlmbg. & Htg. Permits 12 23 17 34 Hazing Permits Residential - - - - Commercial - - - - Total dwelling units in City after completion of all construction permitted to date 3 , 513 Cora Underwood Bldg. Dept . Secretary CITY OF SHAKOPEE x�0 BUILDING PERMITS ISSUED IN MARCH, 1982 5558 Howard Larson Rt . 1 , Box 1000M Remodel $ 2 , 500 5559 Goodwin Bldrs . •L6 M,�neso a Twin Home ( 1 unit ) 30,000 5560 Goodwin Bldrs . 426 Minn so'a J win Home ( 1 unit ) 30 ,000 .-5 3 � , 5561 Goodwin Bldrs . 4 6 Minneso a U House 50,650 crs 13 . c 5562 Steve Cramer 1044 Pierce'ac Wood Stove 800 5563 Leroy Signs 804 East 1st Ave . Sign 800 5564 Leroy Signs 129 Holmes Sign 1 ,402 5565 Philip Hvidsten 628 E. 3rd Ave . Addition 20,000 5566 John Vohnoutka 129 Holmes Alteration 12 , 500 5567 Virgil Aarness 427 Minnesota Remodel 1 , 500 5568 Werner Deutsch 223 W. 8th Alteration 300 5569 Valley Fair Addition 40,000 5570 Michael Menke 671 W. Menke Ave . House 61 ,000 c%17/ 3 Z4:4.A.L 4..i ,,,,,. ,.5 i_ $251 ,452 i . Y ,...._ Qi -- r,7 M 0 I---- ,--I r1 .—I N Q p4 Q w H a; 1-4 0 0 N Cr, C.7 ,•O M 0 .--I N cYl 1) O • 0'00^J b10,-1 E '-1 • •r L CL H 0 ci E .-1 cc ul rl O •• N C . .--I Pa U r--- N • N E cci I , > O M N " ^ co Ci) r----- a) oTh Wz E E O � •" > EE P 3 u H • H • H ua a -0 a) a) o cd a a H . •,- 0 0 < G 0 O r1 O P.., ,—I 0 U 0 3 a) O p 0 d n -t O •• 0 •• —I O 1J ci •• 00 cd •• --1 P-• -t -• Ln N ----(...) r--- (NUI----- 4 -1 -1 p •r1 E E E (1) U r1 • O • O • (.1 •," C1, U P-, U Q, Ei C O 0 ›,O d O -JO 4JO p4 O •• c) O •r1 •• n •," •• Z0n r; N UIQ NUn . , i • r, > • p a) E C1, E cn • a) 0 uJ-_) a aca a, —: r1 r1 0 E O aJ O vl ,O •," M N EO ? 0 1J •. .-; e-; O .• .,- •. N iP-+ � -.t U ..Owco 1 p W (.7 Hi v) ,t d cc L.,-, .-, [i] c--1 N TENTATIVE AGENDA REGULAR SESSION SHAKOPEE , MINNESOTA APRIL 6, 1982 Mayor Reinke presiding 1] Roll Call at 7 :00 P .M. 2] Recess to conduct an H.R.A. Meeting 3] Reconvene 4] Approve Minutes of March 16th and 23rd, 1982 5] Communications : a] League of Mn. Cities Action Alert re : Impact of tax bill and budget-balancing bill b] Mn. Manufactured Housing Association re : invitation to Mid-America Housing Exposition c ] The National Office On Disability re : the International Year of Disabled Persons, 1981 6] Liaison Reports from Councilmembers 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS : 8] Old Business : a] Request for Extension of Deadline for Recording Final Plat of Mn. Valley 6th Addition b] Joint Seven Man Committee/Shakopee and Jackson Twp Planning and Land Use Control c] Tennis Court Lighting d] Update : Memorial Park Millpond Water Quality Problem Background e] Proposed Amendments to 1982 General Fund Budget - Res. No. 1991 f] Request for Funding for Shakopee Senior Citizen Center Director (bring memo 11a from March 2nd agenda) g] Appointment to Shakopee Public Utilities Commission h] Parking in Municipal Parking Lots i] Developer' s Agreement (bring memo 11h from March 2nd agenda) j ] City' s Two Percent 429 Project Interest Surcharge (bring memo 11f from March 2nd agenda) 9] Planning Commission Recommendations : None 10] Resolutions and Ordinances: a] Ord. No. 91 , Amending the Dog and Cat Regulations and Licensing b] Res. No. 1994, Setting A Public Hearing for $1 , 500,000 Industrial Commercial Revenue Bond Application from the Cornelius Co. (Rubber Industries, Inc . ) c] Res. No. 1992 , Establishing Municipal State Aid Highways 11] New Business : a] 8 :30 P.M. PUBLIC HEARING - Request for vacation of the alley lying North of Lots 1 & 2 , Block 30, Original Shakopee b] National League of Cities Memorandum on Cable Legislation c] Fiscal Year 1983 Preliminary LCMR/LAWCON Grant Application d] Redevelopment of Block 57 , Original Shakopee Plat e] Levee Drive Improvements - Res. No. 1993, Receiving Report and Setting a Public Hearing f] Mark Hurd Aerial Proposal for Upper Valley Drainage g] Proposed Scott/St . Francis Ambulance Service Agreement for 1982-1985 TENTATIVE AGENDA April 6 , 1982 Page -2- h] Murphy' s Landing Sewer Charges i] Fire Hall Roof Bids j ] Request for Release of an Agreement Between City of Shakopee and CC&F Enterprises k] Mayors and Administrators Report on County Wide Concerns 1] Move that the bills in the total amount of $174, 298 .07 be allowed and ordered paid 12] Consent Business : None 13] Other Business : a] Week in April devoted to community beautification - discussion b] c] d] 14] Adjourn to Tuesday, April 20, 1982 at 7 :00 P.M. John K. Anderson City Administrator TENTATIVE AGENDA Housing and Redevelopment Authority in and for the City of Shakopee , Minnesota Regular Session April 6 , 1982 Chairman Leroux , presiding 1 . Roll Call at 7 : 00 p.m. 2 . Approval of Minutes of March 23 , 1982 3 . Conflict of Interest Disclosure by Commissioners 4. Fourth and Minnesota Neighborhood Revitalization Project - Program Update 5 . Other Business 6 . Adjourn Jeanne Andre Executive Director YHOCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADJ. REG. SESSION SHAKOPEE, MINNESOTA MARCH 23, 1982 Vice Chrm. Colligan called the meeting to order at 7:00 P.M. with Comm. Wampach and Vierling present. Absent were Comm. Lebens and Comm. Leroux. Also present were Jeanne Andre, HRA Director and John K. Anderson, City Admr. Vierling/Wampach moved to approve the minutes of March 16, 1982 as kept. Motion carried unanimously. The HRA Director briefly went over some of the 1982 budget revisions. Vierling/Wampach offered Resolution No. 82-3, A Resolution Amending the Tentative General Fund Budget for 1982, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:08 P.M. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary 3 MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE: Conflict of Interest Disclosure by Commissioners DATE: April 1 , A982 Introduction At its March 16 , 1982 , meeting the HRA determined that its Commis- sioners would follow the process of disclosures regarding real estate interests outlined in Resolution No. 76-1 . Background Resolution No. 76-1 calls for disclosure of real estate interests prior to taking oath as a Commissioner and updated each year at the annual meeting. Staff and current Commissioners were unaware of the provisions of this resolution at the time of the annual meeting. Therefore it was determined that the disclosure would be by April first in 1982 , and at the annual meeting in future years . Attached are copies of the disclosures submitted by the Commissioners . Recommended Action To accept the disclosure of real estate interests provided by each of the HRA Commissioners and place the disclosure statements on file with the Executive Director of the HRA. JA/jms I , Dean Colligan, have interest in the following real estate located within the corporate limits of the City of Shakopee: Parcel No. 27-037017-0 Lot 8 , Block 2 West View 3rd .Addition City of Shakopee Date : Signature : Dean Colligan I , Gloria Vierling, have interest in the following real estate located within the corporate limits of the City of Shakopee : Parcel No . 27-001262-1 East 4' of lot 3 and West 30' of lot 4, Block 33 Original Shakopee Plat One-half interest Parcel No . 27-907004-00 Section 7 , Township 115, Range 22 - 1 . 3 acres 1 . 3 acres lying within South one-half Southwest one-quarter lot size 190 ' x 300 ' Date : Signature : Gloria Vierling I , John Leroux, have interest in the following real estate located within the corporate limits of the City of Shakopee : Lot 4 , Block 4, Scenic Heights Third Addition, Fee Owner Lot 1 , Block 3 , Eastview First Addition, Contract Owner Date : - • Signature : I , Jerry Wampach, have interest in the following real estate located within the corporate limits of the City of Shakopee : Parcel No. 27-001256-0 Lots 4, 5 , 6 , Block 32 City of Shakopee Parcel No. . 27-001257-0 Lot 7 , Block 32 City of Shakopee Parecl No. 27-001259-0 West 22 ' of 9 and East 15 ' of 10 , Block 32 City of Shakopee Parcel No. 27-001560-0 North 60 ' of Lots 4 and 5 , Block 73 City of Shakopee CJE' Aa//4„e`d Date : /23,47/'c 3 /a fl/ Signature : / Jerry Wampach I , Dolores M. Lebens , have interest in the following real estate located within the corporate limits of the City of Shakopee : Parcel No. 27-001-0000-260-00 West 45 ' of Lot 10 , Block 32 City of Shakopee Parcel No. 27-001-0000-453-00 Lot 10 , Block 60 City of Shakopee Date : at.'" ) Signature : olores M. Lebens action aler 'iii league of minnesota cities March 23, 1982 it - MAR 2 51982 TO: Managers and Clerks FROM: Peggy Flicker, Legislative Counsel CITY OF SHAKOPEE SUBJECT: Impact of tax bill and budget-balancing bill This memo will briefly highlight several important actions taken by the Governor and Legislature that might have an immediate effect on cities ' actions. A more detailed summary will appear in the next Legislative Bulletin which you should receive by mid-April . 1) Budget cuts The most recent budget-balancing bill cuts an additional $5.5 million in state pay- ments to cities due in 1982. The local government aid payments are not cut further. The cuts will be taken instead in the homestead credit reimbursement payments. The $5.5 million translates into a 6.3% cut in each city' s 1982 reimbursement. However, each city should plan on a total shortfall of 8.2%, due to the proportional cutback caused by the additional school levies allowed in January. These figures are based on Dept. of Revenue estimates. The Department will send each city a letter next week explaining exactly how to calculate the amount to be cut. No additional levy authority for 1983 has been granted to make up for any of the cuts. 2) Municipal bond interest rates; negotiated sales a. The 12% interest ceiling has been removed and replaced with a floating ceiling. The rate will vary monthly according to the Bond Buyer' s Index of 20 Municipals. The maximum will be that rate plus one percent and rounded to the next highest percent. The monthly maximum will be published each month in the State Register by the Commissioner of Finance. The 12% ceiling applies to any obligations authorized by resolution before May 1. The new floating rate will apply to any obligations authorized by resolution after May 1. b. Effective March 23, the public sale requirement does not apply to obligations sold by an issuer in an amount not exceeding the total sum of $300,000 (formerly $200,000) in any three month period. 300 hanover building, 480 cedar street, saint naul, minnesota 55101 C6123222-2861 (OVER) 3) Tax increment financing Numerous changes were made to the tax increment financing law. The changes are effective :with respect to districts for which certification is requested after June 30, 1982. (One change relating to changes in the type of district applies to any district which is changed after March 23. ) Some of the changes make the law somewhat more restrictive and some changes im- prove the law. For example, authority is given to issue temporary g.o. bonds, which should reduce interest rate costs. If your city is in the midst of develop- ing a TIF plan or project, have someone check these changes. You may have to modify your plans or adjust the timing of the project. If you want to receive a copy of the changes, call Peggy Flicker at the League. PF:ara •h�F ACTURE . 'V If MINNESOTA :fib pyo; WA MANUFACTURED • HOUSING M — ASSOCIATION ;sFM Ms~= ": 222 EAST LITTLE CANADA ROAD, SUITE 222 / LITTLE CANADA, MINNESOTA 551`17 /(61`2)4&2 75 MAR 2 5 1982 President Jim Jaeger Senior Vice President Chuck Mossefin * * SPECIAL INVITATION * * Past President Don Bundy Secretary/Treasurer Paul Howard Dear Mayor : Divisional The Minnesota Manufactured Housing Association is Vice Presidents hosting a luncheon for local officials interested Reed Beckler in learning more about the role manufactured housing Retailers& Brokers can play in your communities . The luncheon is in Butch Berg conjunction with our Mid-America Housing Exposition Manufacturers and will be at 11 : 30 a .m. on Friday, April 23 , 1982 Jim Dalton at the Registry Hotel in Bloomington . Please come Out State Parks join us . Bruce Hay Twin City Parks With the passage of recent legislation aimed at Roger Larson eliminating discrimination against manufactured Suppliers& Service housing, many communities have been asking for more information on what we are all about . The purpose lo NSchrader of this luncheon is to explain the le islation and NationalalFederation p g how it may affect cities or counties . We will look Randy Sellhorn Finance& Insurance at the positive ways to incorporate manufactured housing in your overall housing plan . Lisa Drake , Consumer Affairs Advisor from Manufactured Housing Regional Institute will give an overview of the industry from Directors a national perspective and John Farmer, Executive Greg Aplin Vice President of Minnesota Manufactured Housing Twin City Association will speak to the local application of Dave Baker the legislation . South Central Dave Goldberg Following the presentation and lunch we will be glad Northeast to show you around the 55 homes on display in the Dean Lampe parking lot of Met Stadium. Northwest Dave Paquette Please call our office at (612 ) 482-8875 prior to Southeast April 19 , 1982 if you can attend or if someone Shannon Rickert else from your city wishes to attend. It promises Southwest to be an important event for all of us ! Gregg Van Slyke Central Sincere l .09 Staff John T. Farmer Executive Vice President ohn T. Farmer Deborah Witt Executive Vice President Office Manager JTF/djw +' The National Office on Dis I S hL4 / �fi�t V� � l 1575 Eye Street, N.W., Washington, D.C. 2.1 ry, ` r ` • (202) 638-6011 March 17, 982 tv'',"�� 2 c 1S&2 Dear Mayor/Chief Elected Official: (� Your leadership and support are needed. +As 'fo1M1REEarlier letters from Mayor Helen Boosalis, president of the U.S. Conference of Mayors, and myself, I am writing to urge that you continue the momentum of the DIRECTORS International Year of Disabled Persons (IYDP) 1981. More than 1,850 towns, cities and counties, 330 national organizations, 270 corporations, Richard M.DeVos,Chairman and all 55g overnors of states and territories participated in the IYDP President,AMWAY Corporation Community Partnership Program. Alan A.Reich,President But the problems of 35 million Americans with physical or mental disa- Philip E.Beekman bi li ties did not end with the IYDP. In these days of retrenchment in President,Seagram Company,Ltd. government services, these programs take on added importance. Responding Henry B.Betts,M.D. to a nationwide call to sustain the IYDP momentum, the National Office on Medical Director Disability has been formed to continue promoting the community-based, Rof Chiilitation Institute partnership initiatives through 1982 and beyond. While the membership of Chic ago of your local Community Partnership Committee may change, we look forward Mayor Helen Boosalis to a continuing, productive relationship with you and your community. msulrnt.U.S. Conference of Mayors The U.S. Congress and President Reagan have officially designated 1982 the Colby Chandler President,Eastman Kodak Company National Year of Disabled Persons (See enclosure) . Governors and local officials throughout the nation are issuing proclamations. (See enclosed (die Fraser sample.) The NYDP will helpreinforceyourprograms. President,Eraser/Associates Robert E.Kirby Your leadership in carrying out the following five steps as soon as possi- chairman ble will help greatly to ensure the success of your community's program: 1\est inghouse Electric Corporation Edward C.Merrill,Jr.,Ph.D. 1. Reconfirm or select your Liaison for 1982-1983 to the National Office President,Gallaudet College on Disability and return the enclosed form so that we may forward organizational and other information to him/her. ltzhak Perlman 2. Support your Liaison and your local group or Community Partnership Committee by holding a planning meeting with them as soon as possible. Harold Russell chairman, President's Committee on 3. If you have not done so already, issue a proclamation (Sample enclosed) employment of the Handicapped designating 1982 as the NYDP and send us a copy. 4. Urge other public officials and community leaders to continue their fudge Leonard Staisey support in 1982 and beyond. Honorable lames R.Thompson 5. Ensure public awareness in the media for your commitment and plans. (,r,vernor of Illinois (See suggested press release) . Honorable Dick Thornburgh I am sharing this letter with your current IYDP/Community Partnership Liai- Governor of Pennsylvania son and/or Chairperson as appropriate. We shall follow-up with him/her Reverend Harold Wilke immediately. If you have any questions, please call us. To ensure recog- Director,The Healing Community nition of your efforts and effective exchange of program ideas, please keep us posted on your activities. If you have already taken these steps, we David T.Williams thanks ou foraction. hairman,Community Y yourspeedy Advisory Committee Sincerely, Alan A. Reich President cc: Community Liaison Mayor Helen Boosalis Follow Through in '82: The National Year of Disabled Persons OVER. . . . March 15, 1982 _ TO: NATIONAL OFFICE ON DISABILITY I am pleased to inform you that: The Liaison between (town, or city, or county) and the National Office on Disability is : Name: Title: Address : Zip Code: Telephone Number: ( ) - area code AND The Community Partnership Committee Chairperson (IF ANY) is : Name: Title: Address: Zip Code : Telephone Number: ( ) - area code Please return this form as soon as possible to the NATIONAL OFFICE ON DISABILITY, 1575 Eye Street, NW, Washington, D.C. 20005. Signature of Chief Elected Official Title Date Signed (e.g. Mayor or Chairman of County Commissioners, etc.) Please note: 1. This letter and form are being sent to mayors and chief elected officials identified on the current lists of the U.S. Conference of Mayors, National League of Cities, and National Association of Counties. These lists may overlap. Some communities receiv- ing this letter will not have participated in the Community Partnership Program of the International Year of-Disabled Persons in 1981. 2. Many of t?,e 1,850 towns, cities and counties which participated in the 1981 Community Partnership Program still retain their Liaisons appointed for the IYDP. The mayor or chief elected official may wish to redesignate this individual as Liaison to the Na- tional Office on Disability, or he or she may wish to designate a new person. This is a local decision. 3. For the IYDP, Community Partnership Committees were formed (usually with the Liaison's help) . They selected a Chairperson. The National Office on Disability hopes to re- ceive soon the names of the Chairpersons, reconfirmed or new, as well as the names of the Liaisons, reconfirmed or new. Either or both will be satisfactory. 4. The selection of Liaison and/or Chairperson is for 1982 and for a:= long thereafter as the community may wish. 5. Mayors or other chief elected officials of towns, cities and counties which have not yet participated in the Community Partnership Program, are now urged to do so. The first step is to appoint a Liaison who then will receive organizational and instruc- tional materials immediately from the National Office on Disability to guide him/her in developing an effective Community Partnership Program. *** YOUR LIAISON WILL BEGIN RECEIVING NOD PROGRAM MATERIALS (IDEA BOOKS, "HOW-TO" PROGRAM MANUAL, NEWSLETTERS, ETC. ) AS SOON AS YOU RETURN THIS COMPLETED FORM. PLEASE ACT NOW! • S.J.Res.134 Binett-seventh congress of the united eStatez of ameriea AT THE SECOND SESSION Begun and held at the City of Washington on Monday the twenty-fifth day of January, one thousand nine hundred and eighty-two • 3oint Resolution To designate 1982 aa the"National Year of Disabled Persons". Whereas the designation by the United Nations of 1981 as the In- ternational Year of Disabled Persons has stimulated new prog- ress toward achieving the full participation in national and community life of the thirty-five million Americans who have disabilities; Whereas such progress has depended upon the initiative and re- sources of individuals and organizations in all sectors of American society who have worked in partnership with disabled persons; Whereas such partnership has contributed substantially toward im- proving the lives of disabled Americans; Whereas further additional action is required to increase public un- derstanding of the unfulfilled needs and potential contributions of disabled persons;and Whereas further progress should be made in the United States toward achieving the following long-term goals of and for dis- abled persons promoted during the International Year of Dis- abled Persons: (1) expanded educational opportunity; (2) im- proved access to housing, buildings, and transportation; (3) ex- panded employment opportunity; (4) expanded participation in recreational, social, and cultural activities; (5) expanded and strengthened rehabilitation programs and facilities; (6) purpose- ful application of biomedical research aimed at conquering major disabling conditions;(7)reduction in the incidence of disability by expanded accident and disease prevention; (8)expanded applica- tion of technology to minimize the effects of disability;and(9)ex- panded international exchange of information and experience to benefit all disabled persons;and Whereas the United Nations is building upon the International Year of Disabled Persons momentum and is considering long- term initiatives to improve the lives of the world's one-half bil- lion disabled persons:Now,therefore,be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That 1982 hereby is designated the "National Year of Disabled Persons", and the President of the United States is authorized and requested to issue a proclamation calling upon the elected officials and people of the United States to observe such year through activities in support of the long-term goals for disabled persons promoted during the Inter- national Year of Disabled Persons. Speaker of the House of Representatives. AtrrUerWL lik644,141terriget President of the Senate �' J APPROVED as FEB 2 6 1982 (o+r.) CtttCJ x LANSING _ . _._:._:e_.. • CtttCJ MICHIGAN TERRY J.MC KANE, MAYOR rottamation WHEREAS: The designation by the United Nations o6 1981 as the InteienationaC Years o6 Disabled Peons has etimueated new pnogneaa touand achieving the Gua pantici.pation in nationae and community ti.6e o6 the thihty-Give mi tion Amen Leans who have diaabititiea; and WHEREAS: Such pnogneea has drawn upon the initiative and nesouneea 06 individuats and organizations in ate sectors o6 American society who have worked in pantnenahip with disab.ted penaons; and WHEREAS: Such pan.tnenship has contn.ibuted substantia ey toward improving the Lion o6 disabled Amenicanr; and WHEREAS: Funthen action L nequined to inc Aeaee pubtic undenatanding 06 the un6u.26iteed needs and potential contr-ibutiona 06 di.eabted pensone; and WHEREAS: Fwtthen progress shou.Ld be made in the United States toward achieving the 6otPowi.ng tong-.tenor goats o6 and bon dusabted pennons promoted dun,ing the Intenna.tiona-t Years o6 D.<sabted Perrone: (1) expanded edueatLonai oppontuni.ty; (2) improved accede to housing, buildings, and tnanspontati.on; (3) expanded emptoyment opportunity; (4) expanded panti.ei.pation in necxea- tionat, social, and cuLtunal activities; (5) expanded and stAengthened nehabiti-tation pnognams and bac t ti.ea; (6) pun- po6e6ut application o6 biomedicat research aimed at conquering major disabling conditions; (7) reduction in the incidenee 06 disability by expanded accident and disease pneven.ti.on; (8) expanded application o6 technology to minimize the e66eet6 o6 disabitity; and (9) expanded international exchange o6 in6onmation and experience to bene6it ate disabled persons; and WHEREAS: The United Nations is building upon the International Years o6 Disabled Persons momentum and is considering .long-tenor initiatives to improve the live6 06 the won.ld's one-hath bi tion disabted persons. NOW, THEREFORE, I, TERRY J. MC KANE, MAYOR o6 the City o6 Lansing, by the power vested in me, do hereby proclaim 1982 as the NATIONAL YEAR OF DISABLED PERSONS in the City o6 Laming and call upon the citizens 06 this community to observe such yeah through aeti.vitiea in support o6 the tong-tenni goals 06 and bon diaabted persons promoted during .the Intennationat Years o6 DieabLed penaona. ,.... a.:�.., Given under my hand and the Seat o6 the City o6 Lansing this eighth day o6 • Februany in the yeah o6 Our load one thousand nine hundred and eighty-two. • • MAYOR (OVER) / C/ SAMPLE RELEASE ANNOUNCING APPOINTMENT OF LIAISON WITH NATIONAL OFFICE ON DISABILITY THIS PRESS RELEASE HAS BEEN PREPARED SO THAT YOU CAN FILL IN THE APPROPRIATE INFORMATION IN PLACE OF UNDERLINED WORDS. DO NOT UNDERLINE ON THE FINAL RELEASE. IF THE LIAISON IS A REAPPOINTMENT, TEXT SHOULD BE MODIFIED ACCORDINGLY. WHERE SAMPLE RELEASE READS NAME OF COMMUNITY, INSERT NAME OF CITY, COUNTY OR TOWN AS APPROPRIATE. FOR IMMEDIATE RELEASE Contact: NAME DATE PHONE NAME OF ELECTED OFFICIAL APPOINTS LIAISON WITH NATIONAL OFFICE ON DISABILITY NAME OF COMMUNITY, STATE, DATE--NAME OF ELECTED OFFICIAL has appointed NAME, AFFILIA- TION (if appropriate) to be official liaison for 1982-83 with the National Office on Disa- bility. This is NAME OF COMMUNITY'S first step in joining the National Office on Disabil- ity's nationwide Community Partnership Program during the 1982 National Year of Disabled Persons and beyond. LIAISON'S LAST NAME has scheduled an organizational meeting for DATE, TIME at PLACE. "I urge all persons willing to commit themselves to improving the job possibilities, public attitudes, educational, recreational, and cultural opportunities for COMMUNITY'S disabled citizens, to participate in this important effort," NAME OF ELECTED OFFICIAL said. "This is in the best interest of all our citizens. We need the active involvement of concerned citizens from all walks of life, including those who have disabilities and those who do not, " he (or she) said. "In these days of retrenchment in government ser- vices, our own efforts are more important than ever." LAST NAME OF ELECTED OFFICIAL pointed out that the U.S. Congress and President Ronald Reagan have officially designated 1982 the National Year of Disabled Persons in order to build on the accomplishments of local communities during last year's observance of the UN-proclaimed International Year of Disabled Persons. "Disabled and non-disabled people working as partners in more than 1,850 communities across the country, in cooperation with 330 national organizations, initiated or strengthened programs to improve the lives of disabled persons," explained LIAISON'S LAST NAME. "We are delighted to be a part of the National Office on Disability's Community Partnership Program. Having a 'National Year' will reinforce our long-term efforts. The NYDP is our opportunity!" "The first order of business at COMMUNITY'S organizational meeting will be to form a committee and select a chairperson," LIAISON'S LAST NAME stated. The committee then will begin the important task of assessing the unmet needs of COMMUNITY'S disabled citizens and setting goals and developing programs to address those needs. The National Office on Disability, located in Washington, D.C. is a non-profit organi- zation formed to promote the "full participation" of the 35 million Americans with physical or mental disabilities in our national and community life, and to carry on the momentum of the International Year of Disabled Persons. The National Office on Disability cooperates closely with private organizations as well as government agencies. Interested citizens who wish further information may contact LIAISON at PHONE. -0- OVER. . . . _ , . . -. ---k-i ' - eO4.AQoS:+v. � k J ?0.\!)?0.\!),-,e„rJ. ,. -\ft C- W �M o � . eoa Sei-`*o Mc jor in arVt S” st ti veNS ;vs .\Dcv.e cti 1 t 48 L The National Office On Disability " COMPOSITE II " 1575 I St .'` W Washington D C 20005 (202) 638-6011 Public Service Announcements available in :60, :30 lengths on 16mm film 60 SECONDS . ( altillipah.;,, ,fir o y. SAM: Hi, Louise. LOUISE: Hi, Sam. What'll it be today? SAM: I think I'll have the special. ANNCR (VO): In Louisville, Kentucky, blind people don't have to ask what's on the menu. They can read it themselves...in Braille. SAM: I think I'll have strawberry shortcake for dessert. But don't you tell my wife. ANNCR (VO): The Braille menus are there because a group of local people thought it would be a good idea. They got together and made it happen. k "k '1/4-.., or r1. -4 / i . w In fact, all across America, people are participating in similar community programs. (B.G. "Hello boys.") In Vernon Parish, Louisiana, volunteers are modifying disabled people's homes to make them more accessible. ' .,� ",r . fill' : .,,,, ,,,, . , ir„, w ,.r► 1 l THE . r And in Champaign, Illinois, disabled children are able to share a playground because a group of volunteers got involved. This is the National Year of Disabled Persons. Is this the year you get involved? Call the office of your Mayor or County Commissioner for more information. A Public Service of A This Station& \Uluiltt't'1 Advertising Agency: Needham, harper Steers Advertising, Inc. The Advertising Council COUICI cnds - 2160 / 2130 MEMO TO : John K. Anderson City Administrator FROM: Don Steger City Planner RE: Minnesota Valley 6th Addition DATE: April 1, 1982 Introduction: The deadline for recording the final plat of the Minnesota Valley 6th Addition, with the County Recorder' s Office , has expired. Background : The Subdivision received final plat approval from the City Council on May 19 , 1981. The 180 day recording period subsequently expired November 19, 1981. On January 5 , 1982 the City Council extended the recording period to March 8 , 1982 . This extended deadline has also expired and Mr. Dick Wiggin, the plat ' s developer, has failed to meet the deadline for recording the final plat with the County Recorder' s Office . Mr. Wiggin apparently intends to record the plat , as he began the recording process on March 15, 1982 . Alternatives : 1. Rescind final plat approval and require the Subdivision to be reviewed again by the Planning Commission and City Council . Advantages - a. Uphold the intended Subdivision Regulation requirement of quickly recording approved subdivision so as to prevent changing circumstances ; b . Additional income for City. Disadvantages - a. Requires time of developer, City staff, Planning Commission and City Council; b . Additional monetary cost to developer. 2 . Grant the developer another extension in which to record final plat . Mr. Wiggin stated he had requested a soil boring report (one of the conditions of final plat approval) from Braun Engineering in January, but had not received the report until March 11, 1982 and this was the reason for not meeting the extension deadline of March 8 , 1982 . John Anderson March 18, 1982 c� Minnesota Valley 6th Addition Page -2- Advantages - a . No extra time needs to be committed to the plat . Disadvantages - a. The 180 day recording period and extension were not met which is non-compliance of City Code and City Council action. Staff Recommendation: Staff recommends Alternative No. 2 for two reasons : 1. Mr. Wiggin gave a valid reason for failure to meet the extension deadline; 2. The Soil Borings Report was authorized January 7 , 1982 , report dated March 11, 1982 and on March 15 , 1982 Mr. Wiggin did come into City Hall with report . Staff, therefore , is recommending a new extension date of May 14 , 1982 ( 60 days from the date Mr. Wiggin once again started the recording process ) , which should allow ample time in which to meet the remaining conditions of final plat approval . Action Requested : Council move to grant another and final extension to May 14 , 1982 in which to record the final plat of Minnesota Valley 6th Addition. DS/j iw A �SkJ MEMO TO : John K. Anderson City Administrator FROM: Don Steger City Planner RE : Seven Member Committee DATE : April 1, 1982 Background : Earlier this year, the City Council asked the staff to contact the Jackson Township Board and Scott County Board and solicit their interest in an advisory Seven-Member Committee. Norbert Theis, from the Town Board, indicated to me in a phone conversation that the Town Board is not interested in an advisory committee, but prefers to maintain the Committee' s function as it was in the past . The Town Board perceived the Committee' s past function as a final authority, when actually the City Planning Commission and City Council acted on all new subdivisions and signed the hardshells. It appeas that the Seven-Member Committee never functioned as it was perceived to function because of a lack of organization. Mr. Theis also mentioned in our conversation that the 1975 Annexation Agreement between the Township and City would be terminated if the Seven-Member Committee does not exist . It is my opinion that the Annexation Agreement is not vital to the City ' s interests because any annexation of property could be initiated by the property owner. If annexation is initiated in this manner, and if rejected by the Township, the Minnesota Municipal Commission will rule on the annexation. Their rulings have generally been in favor of cities if the land is to be urbanized and if municipal utilities are available to the property. In my attempt to explain to Mr. Theis the City Council ' s desire to have the Seven-Member Committee function as an advisory committee, he reiterated the Town Boards rejection of an advisory committee and suggested that the Township Board meet with the City Council to discuss the matter. John K. Anderson April 1, 1982 Seven-Member Committee Page -2- Alternatives : 1. Set a date to meet with the Jackson Township Board to discuss the Seven-Member Committee. (Any date except April 13, 1982 seemed to be okay with Mr. Theis) . 2 . Decide not to pursue the continuation of the Seven-Member Committee. Requested Action: Choose one of the alternatives . DS/jiw #Iakuper Taiiiii unitU #rruice 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education April 1, 1982 Memo To: John Anderson, City Administrator From George Muenchow, Community Servcies Director SUBJECT: Tennis Court Lighting Introduction Four years ago the City of Shakopee and School District #720 entered into an agreement to construct two modern tennis courts with lighting at the Jr. High School property. This was encouraged by a 50% grant from the State of Minnesota. Following construction it was agreed informally that the facility would become school property. Since its beginning the facility has been virtually problem free (except for spiraling lighting costs) and has been a tremendous asset to the community for which it can be proud. Background The first year coins collected in the coin meter apparatus paid for the cost of lighting. In Year Two Demand Charges became a part of the picture and coin operation turned out to be a loser for the School District. They felt that they were not in the business to subsidize adult recreation, so the lights were not turned on in Year Three until someone could come up with a plan so that the School was not subsidizing this lighting. A plan did not materialize. Staff members and leadership of the Shakopee Tennis Association have been re— searching this matter this past winter. A new coin meter has been located that can be installed that will allow the acceptance of differing amounts of money which, in turn, is expected to generate more revenue to offset electrical costs. The Tennis Association leadership has said that their membership will subsidize any variance between what is collected and what is billed. Alternatives 1. Do nothing and, therefore, not use the lights this summer. 2. Expend an amount of approximately $6,000.00 to provide a wire to the tennis courts from the Jr. H.S. Building which would eliminate the special Demand Charge now invoked because it is a stand alone facility. 3. Authorize the purchase of a new Timing Device for the Tennis Court Lights together with the accompanying installation charge from the Shakopee Public Utility Commission. The device will cost approximately $145.00. The labor could be anywhere from $25.00—$125.00, depending upon how difficult it will be to fit this new timer in the present control cabinet. This project would be funded from the Capital Fund. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 Recommendation C/ Authorize the purchase and installation of a new Timing Device for the Shakopee Jr. H.S. Tennis Court Lights with the understanding that any shortage of revenue for the usage of these lights will be provided by a subsidy through the Shakopee Tennis Association with all of this being done in consultation with School District #720. Action Move for Staff to initiate the purchase and installation of a new Timing Device for the Shakopee Jr. H.S. Tennis Court Lights with funds to be used from the Capital Equipment Fund. It is understood that this action will take place in consultation with the proper officials of School District #720 and that further— more any revenue shortages in the operation of this facility will be susidized through the Shakopee Tennis Association. httkupee CIummunitu *mires Q c� 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education March 24, 1982 Memo To: John Anderson From George Muenchow SUBJECT: UPDATE: MEMORIAL PARK MILLPOND WATER QUALITY PROBLEM BACKGROUND On December 1, 1981 staff presented a recommendation to the Council for a Plan Of Action For 1982 re: how to diminish the discoloration of the water in the Memorial Park Millpond. This included: 1. Application of Copper Sulfate to the water. 2. Reduction of amount of feed given to ducks and geese. The Council directed that a contact be made with the Minnesota Department Of Natural Resources requesting that they assume the responsibility for the application of the chemicals. The attached letter received in response to this request indicates their negative reply. Staff, therefore, re—submits its original recommendation as attached and recommends that it be followed. • A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 STATE OF ( I �OO "Lr' DEPARTMENT OF NATURAL RESOURCES BOX , CENTENNIAL OFFICE BUILDING • ST. PAUL, MINNESOTA • 55155 DNR INFORMATION (612) 296-6157 FILE NO. March 22, 1982 City of Shakopee c/o George Muenchow 129 Levee Drive Shakopee, MN 55379 Dear Mr. Muenchow, This is to confirm our telephone conversation on March 19, 1982 regarding the control of aquatic vegetation and who is responsible for doing the work. Minnesota Statues Chapter 97.42 states that aquatic plants and organisms in public waters are property of the State of Minnesota. Minnesota Statues Chapter 98.48 subdivision 9(a) states that the Commissioner of Natural Resources may issue a special permit, with fee, to gather, harvest or destroy any aquatic plants or plant parts, other than wild rice, from public waters of the state. Commissioners Order 1938 establishes a fee schedule for permits and criteria which govern issuance of permits. The Department of Natural Resources does not have a program which actually does the controlling of aquatic vegetation. If a riparian property owner has aquatic vegetation which is interferring with some recreation use. The riparian property owner can obtain a permit for control of the aquatic vegetation. The cost of aquatic nuisance control operation must be borne by the benefited lakeshore property owners, however, Minnesota Statue 1961, Section 111.81 authorizes cities, villages, boroughs, and towns to levy taxes for this purpose. I hope this information answers your questions on controlling aquatic vegetation. If you have any further questions, please feel free to contact me. 6nce7yg�s, 4 1 s(David B. , etillo Aquatic Biologist Ecological Services Section DBZ: kas AN EQUAL OPPORTUNITY EMPLOYER ,,,Artto 'hokopee Tommunitu *tames cLA$ 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education MEMO TO: JOHN ANDERSON; CITY ADMINISTRATOR FROM GEORGE MUENCHOW, C.S. & PARK DIRECTOR RE MEMORIAL PARK MILLPOND WATER QUALITY PROBLEM DATE SEPTEMBER 16, 1981 INTRODUCTION Water quality (discoloration) of the Millpond has become a problem of late as noted by several citizens, City Council Members, and Staff. A solution has been requested. BACKGROUND Ever since ducks and geese have been attracted to the pond starting around 10 years ago there has been algae buildup. The birds are fed grain by the Shakopee House. Bird droppings act as a fertilizer to enhance the algae growth. Occasional flood— ing of the nearby Minnesota River also drops nutrients into the pond. Discolorat— ion results. Telephone conversations with representatives from Minnesota DNR and Polution Control Agency have indicated that they have firsthand knowledge of the problem at this site. Attached Exhibit #1 verifys this. From tests taken in August 1979 there is proof that the problem lies with the ducks and the occasional flooding. Attached Exhibit #2 explains what algae is and what it does. Telephone conversations with the cities of Edina, Rochester, and Alexandria indic— ate several approach's towards a solution: a. Rochester Do nothing with their famous Silver Lake which hosts tens of thousands of geese because Zumbro River flows through lake and flushes it out. Shakopee Millpond does not have this kind of a flowage. b. Alexandria Uses Diquat to kill off all aquatic growth in a small pond in a neighborhood park. Problem with this product is that it also will kill trees along shoreline that has roots touching the waters edge. c. Edina Use periodic sprinkling of Copper Sulfate in ponds with algae problems. This is a fairly universal temporary solution used elsewhere. The solution to this problem is the removeal of nutrients in the pond. Occasion— al flooding cannot be stopped. Depletion or removeal of the birds and their resultant droppings is the only solution: • ALTERNATIVES A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 1. Dredging This would be an extremely expensive process. Tests taken of the pond floor in 1960 showed four feet of mud at that time. The pond is approximately five acres in size. There is not only the tons of soil to be removed, but also how to deposit it on land to not be an environmental disaster. Without any removal of birds, the process would continue with the new droppings. 2. Application of Copper Sulfate periodically. (once a month in June, July, and August). Would require permet from DNR and would cost approximately $75.00/application. Would kill off algae, but not the weeds. If handled properly will not harm fish or wildlife. Cannot apply more than 3 times/ season. 3. Selective removal of birds 100% removal of geese and ducks would be questionable because most people enjoy having them present. Mr. Strupek of the Shakopee House is agreeable to listening to the idea of cutting back on the feed supply given daily on his property to the birds. Diminish- ing this daily feeding would in turn cut back on the number of geese and ducks that are attracted to the pond. Mr. David Zappatello, DNR Aquatic Biologist, has verified this procedure. 4. Do nothing Recognize that algae will exist when nutrients are present in water and not worry about it. RECOMMENDATION 1. Apply Copper Sulfate to the Millpond in the summer of 1982 after securing a permit from the Minnesota Department Of Natural Resources in accordance with procedures dictated by that agency. 2. Meet with Mr. Strupek of the Shakopee House, Inc. to request that the feeding of wild fowl on his premises be diminished to an extent agreeable to both parties. ACTION Move to direct Staff to: 1. Apply to the Minnesota Department Of Natural Resources for a permit to apply Copper Sulfate to the Shakopee Memorial Park Millpond waters during the summer of 1982 at a rate in compliance with the DNR rules and procedures. 2. Meet with Mr. Tony Strupek of the Shakopee House, Inc. to reach an agree- ment regarding the cutting back on feeding of wild fowl on the Shakopee House premises beginning immediately. 491> Minnesota Pollution Control Agency ‘001. Mr. George Muenchow Director of Parks and Recreation Shakopee Community Services 129 Levee Drive Shakopee, Minnesota 55379 Dear Mr. Muenchow: Thank you for your inquiry about the Mill Pond adjacent to Memorial Park in Shakopee. The nuisance, eutrophic conditions we discussed are caused by nutrients, main- ly phosphorus and nitrogen, entering the pond. This allows algae (microscopic aquatic plants) to flourish in the warm, shallow water. An investigation by Minnesota Pollution Control Agency staff was performed on August 30, 1979. At that time, it was noted that there were no point sources discharging nutrients to the pond. In the absence of discharges to the Mill Pond, the most likely sources of nutrients are waterfowl and the Minnesota River. A large concentration of waterfowl can add significant amounts of nutrients to a small water body. As we discussed, many ducks and geese frequent the Mill Pond. The Minnesota River also carries moderate to high concentrations of nutrients. At times of high water, the river inundates the Mill Pond and imparts its own water chemistry characteristics to the pond. As long as large numbers of waterfowl use the Mill Pond and the Minnesota River periodically flows into it, there is very little that can be done to improve the condition of this water body. Sincerely, c), L'a,,,,,),* A , 4.A.) ',04,441j_ Larry A. Livesay, Biologist Lake Studies Unit Monitoring and Analysis Section Division of Water Quality LAL:jln • Phone: 612/296-7746 1935 West County Road B2, Roseville, Minnesota 55113 Regional Offices - Duluth!Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: 1982 Budget Amendments DATE: April 1 , 1982 Introduction City Council , at its March 23 , 1982 meeting, reviewed the attached memo dated March 19 , 1982 outlining proposed amendments to the City' s 1982 Budget . The memo has been updated to reflect the decisions made at the March 23rd meeting. Additions LeRoy Houser has completed his spring inspection of all City buildings and has recommended numerous items that need improvement . Most of the items can be handled with dollars already budgeted in 1982 for build- ing maintenance, however three items (underlined on the expenditure side of the General Fund listing) require additional budget amendments . These items will cost an additional $6000 which can be offset by re- ducing the $31 ,500 budget for fire hall roof repair by $6000 . We have received bids for the roof repairs and the low bid is more than $6000 under the $31 ,500 . Shakopee Avenue Drainage Improvements It was agreed at the March 23rd meeting that the above mentioned $34,000 project could not be budgeted in the PIR Fund because there was no way to recoup the $34,000 through assessments . Staff was directed to make a recommendation to Council April 6 , 1982 indicating how the project could be financed. The Finance Director and I agreed that there are only three funds from which the City can secure the $34 ,000 and they are the General Fund, Capital Equipment Revolving Fund and the Revenue Sharing fund. Staff recommends against use of the General Fund for permanent improvements , and that either the Revenue Sharing Fund or the Capital Equipment Revolving Fund be used. Revenue Sharing dollars in excess of the maximum two year fund balance can now be spent on capital improvement projects and if this project is not selected then the City must, at the up-coming Revenue Sharing Hearing, earmark funds for a major piece of capital equipment . Capital Equipment Revolving Funds dollars have been used for library and parking lot land acquisition thus indicating that all of the funds are not simply reserved for equipment . Use of Revenue Sharing dollars would require additional staff work to meet Davis-Bacon requirement . The only other alternative is to drop the project . Recommendation Staff recommends approval of the budget amendments included in the revised March 19 , 1982 memo from the City Administrator, and that u Mayor and City Council April 1 , 1982 Page Two $34,000 in the Capital Equipment Revolving Fund be budgeted for the Shakopee Avenue Drainage Improvements . The improvements will rectify a long standing problem that both the City and residents have struggled with for years . Action Requested 1 . Approve Resolution No. 1991 amending the 1982 General Fund Budget , and direct staff to make the budget amendments as outlined in the City Administrator March 19, 1982 memo. 2 . Approve a budgeted expenditure of $34,000 from the Capital Equipment Revolving Fund for the Shakopee Avenue Drainage Improvements . JKA/jms i1 MEMO TO: Mayor and Council FROM: John K. Anderson/City Adm. RE: 1982 Budget Amendments DATE: March 19 , 1982 Introduction: The proposed amendments presented in this memo include three type of bud- get changes : changes reflecting cuts in state aid (Homestead Credit Revenue) , revised ' 82 revenue and expenditure estimates and a smaller number of changes that relate to council action taken since the 1982 budget was approved. The figures included in the memo are based upon trial balances for 1981 some of which have been finalized by the auditor, but which have all been listed as "trial balance" . In addition, as of this writing, the Legis- lature has not passed the proposed "budget package " , as expected, to solve the latest $260,000 ,000 deficit. The changes below include the cut , $15 ,000 in General Fund Homestead Credit Revenue , that the city would have to absorb if the "package" as proposed had passed Format : The format for each fund is the same and includes : the actual 12/31/80 fund balance, the budgeted 1981 revenue and expenditures , the revenue and expenditures trial balance for 1981 , the trial fund balance 12/31/81 , the budgeted 1982 revenues and expenditures , the proposed changes in 1982 revenue and expenditures ( these are the only numbers listed in line item detail ) , the revised 1982 revenue and expenditure budgets and the revised 12/31/82 fund balance . The purpose of this summary is to provide a minimum amount of data show- ing what happened in 1981 and how the proposed 1982 changes would change the estimated 12/31/82 fund balances . The bulk of the changes reflect things we know to have happened in 1981 or early 1982 and should be reflected in the 1982 budget . There are a handful of new items that I will touch upon when we discuss the material . As you will see, the General Fund' s trial balance shows that 1981 revenues exceed expenditures , thus increasing our unappropriated fund balance to $706 ,302 or 307 of the 1982 operating expenditures . It also appears that all but six divisions "lived within" the 1981 budgets . Summary: Please bring your 1982 budgets to the meeting. The changes are listed by fund and the funds are in the same order that they appear in the budget . I hope that we will have a final decision from the Legislature by Tuesday nights ' meeting so that we can make some meaningful decisions . If we don' t have the information, or if there are other items that are unresolved, we can delay any final decision to 4/6/82 . GENERAL FUND S ,s-- Actual 12/31/80 Fund Balance $659 ,561 Budgeted ' 81 Revenue: $2, 123,526 Budgeted '81 Expenditures : $2,125 ,026 Trial Bal . '81 Revenue: $2,088,957 Trial Bal . ' 81 Expenditures : $1 ,973 ,530 Trial Fund Balance 12/31/81 $774,988 Budgeted ' 82 Revenue $2 ,262 ,059 Budgeted ' 82 Expenditures $2,330, 745 Proposed ' 82 Changes : Proposed ' 82 Changes : Current Ad Valorem - 13,500 Increase Sen. Cit . 4/wk + 1 ,000 Cable Franchise + 8 ,000 Bldg. Insp. Tires + 200 Pool Table License + 1 ,000 Bldg. Insp. School + 120 Mechanical Permits + 13 ,000 Police Computer Terminal Homestead Credit - 9 ,600 rent + 1 ,200 DED Grant - 4,185 Police Copy Machine Local Gov' t Aid - 12 ,500 Maint . Agr. + 480 Attached Machinery Mayor & Council Misc. Aid - 3 ,000 (Baseball Assoc.Lighting) + 1 ,000 Co. Road & Bridge Aid - 5 ,000 Eng. Distance Measure + 700 Plat-Rezone-Cond. Use - 1 ,000 Mn. Good Roads Sub. + 70 Season Tickets-Pool + 1 ,000 CertainTeed Appraisal + 1 ,000 Pool Concession - 1 ,000 Valley Fair Appraisal + 6 ,000 Interest + 20,000 Mech. Insp. Hospital + 4,500 Rents - 2,000 Workmans Comp. - 12 ,000 Revenue Sharing ICC - 3 ,000 Transfer + 30,000 City Adm. & Chief of Cap. Equip. Revolving Police Car Allowance + 900 Transfer + 4,000 2 Cash Registers + 600 Miscellaneous + 3 ,000 Cable Personnel Services + 1 ,400 NET CHANGE + 28 ,215 Cable Prof. Services - 29,200 Cable Travel & Subsis- tance + 450 Bldg. Ins .p Files (RS) + 1 ,400 Eng. Drafting Table (RS ) + 1 , 700 Propane Tank (RS ) + 18,000 Recorder Mayor/Mgr. + 300 Reforestation + 3 ,000 Purchase Used City Hall Copier (RS ) + 7 ,000 City Adm. Car (RS ) + 1 ,000 Public Works Salt Shed (CER) + 4,000 Public Works Rear Blade + 1 ,000 Public Works Fertilizer Spreader + 800 Hosp. Ambulance + 2 ,050 Mayor' s Conference + 1 ,500 Pool Insulation & Ceiling + 1 , 700 Police Office Repair & Paint + 300 Public Works Roof Drain + 4,000 Fire Dept. Re-roofing - 6 ,000 Contingencies + 11 ,045 NET CHANGE + 28 ,215 Revised ' 82 Revenue: $2 ,290,274 Revised ' 82 Expenditures : $2,358 ,960 Estimated Fund Balance 12/31/82 $706 ,3021 'This unappropriated balance equals 30% of the 1982 revised expenditures -1- REVENUE SHARING FUND Actual 12/31/80 Balance $162 , 751 Budgeted ' 81 Revenue: $105,000 Budgeted ' 81 Expenditures : $ 63 ,250 Trial Bal . ' 81 Revenue: $166 ,080 Trial Bal . ' 81 Expenditures : $ 49 ,629 Trial Fund Balance 12/31/81 $279,202 Budgeted ' 82 Revenue $118,000 Budgeted ' 82 Expenditures $202,600 Proposed ' 82 Changes : Proposed ' 82 Changes : Interest Income @ 12% + 18,000 City Adm. Car + 1 ,000 NET CHANGE + 18,000 Public Works Rear Blade + 1,000 Public Works Fertilizer Spreader + 800 City Hall -100,000 City Hall Copier + 7 ,000 Bldg. Insp. Files + 1 ,400 Eng. Drafting Table + 1 , 700 Propane Tank + 18,000 Word Processor -0- NET CHANGE - 69 ,100 Revised ' 82 Revenue: $136 ,000 Revised ' 82 Expenditures : $133 ,500 Estimated Fund Balance 12/31/82 $281 , 702 PARK RESERVE FUND Actual 12/31/80 Fund Balance $52 ,862 Budgeted ' 81 Revenue : $ 16 ,500 Budgeted ' 81 Expenditures : $ 52,600 Trial Bal . ' 81 Revenue: $ 43,266 Trial Bal . ' 81 Expenditures : $ 7,921 Trial Fund Balance 12/31/81 $88,210 Budgeted ' 82 Revenue $ 26 ,500 Budgeted ' 82 Expenditures $ 20,400 Proposed ' 82 Changes : Proposed ' 82 Changes : Jaycee (Tahpah Park) + 15,000 JEJ Acquisition + 88,000 Interest Income @ 127 + 9,000 Tahpah Park Water & Sewer + 45 ,0001 LAWCON LCMR Grant + 42,500 NET CHANGE +133,000 NET CHANGE + 66 ,500 Revised ' 82 Revenue: $ 93 ,000 Revised ' 82 Expenditures : $153 ,400 Estimated Fund Balance 12/31/82 $27 ,810 'Jaycees would pay $15 ,000 per year for three years to pay for Tahpah Park water and sewer. -2- CAPITAL EQUIPMENT REVOLVING FUND Actual 12/31/80 Fund Balance $313 ,839 Budgeted ' 81 Revenue : $12 ,000 Budgeted ' 81 Expenditures : $20,000 Trial Bal . ' 81 Revenue : $47 ,212 Trial Bal . ' 81 Expenditures : $72 ,4311 Trial Fund Balance 12/31/81 $288 ,620 Budgeted ' 82 Revenus $31 ,000 Budgeted ' 82 Expenditures $26 ,000 Proposed Changes : None Proposed Changes : Public Works Salt Shed + 4,000 NET CHANGE + 4,000 Revised ' 82 Revenue $31,000 Revised ' 82 Expenditures : $30,000 Estimated Fund Balance 12/31/82 $289 ,620 1Parking lot purchase was not budgeted. 2SPUC contribution exceeding $240 ,384 is , by council policy, placed in the Capital Equipment Revolving Fund. There was a $18 ,658 excess in 1981 so we are budgeting roughly the same amount for 1982 . 4th AND MINNESOTA FUND Actual 12/31/80 Fund Balance -0- Budgeted ' 81 Revenue : $17 ,000 Budgeted ' 81 Expenditures $17 ,000 Trial Balance ' 81 Revenue $18,673 Trail Balance ' 81 Expfnditures $22 , 124 Trial Fund Balnce 12/31/81 ( $3 ,451 ) Budgeted ' 82 Revenues $ -0-2 Budgeted ' 82 Expenditures $ -0- Proposed Changes : Proposed Changes : Federal Grants 1 ,788 Housing & Redevelopment -0- Contributions (City) 1 ,663 NET CHANGE $ 3 ,451 NET CHANGE $ -0- Revised ' 82 Revenue $ 3 ,451 Revised ' 82 Expenditures $ -0- Estimated Fund Balance 12/31/82 $ -0- 1Natural lag in expenditure repayment through grant reimbursement. 2Assumed program completed 3Assumes program completed and grant closed out . SENIOR CENTER FUND Actual 12/31/80 Fund Balance $634 Budgeted ' 81 Revenue $ 1 ,638 Budgeted ' 81 Expenditures $ 2 ,281 Trial Balance ' 81 Revenue 2 , 773 Trial Balance ' 81 Expenditures 3 ,407 Trial Fund Balance 12/31/82 $ -0- 1 Project 0-1Project completed and grant close out . -3- COUNTY ROAD NO. 77 IMPROVEMENTS' 'Program dropped when Five Year Capital Improvement Program finalized in November ' 81 . COUNTY ROAD NO. 83 SIGNALS' 1 program without prior fund balance , no changes required 100 percent funded by State. SPECIAL ASSESSMENT FUND Actual 12/31/80 Balance $ ( 251 ,688 ) Budgeted ' 81 Revenue $2 ,077 , 112 Budgeted ' 81 Expenditures $ 2 ,099 ,201 Trial Balance N/A Trail Balance N/A Budgeted Fund Balance 12/31/81 ( $273 , 777 ) Trial Fund Balance 12/31/81 N/A Budgeted ' 82 Revenues $4,048 , 131 Budgeted ' 82 Expenditures $ 2 ,692 ,835 Proposed ' 82 changes : Proposed ' 82 changes : Upper Valley Drainage - 816 ,480 VIP Interceptor + 6 ,300 Polk Street - 79 ,000 Hauer Laterals + 6 ,000 1st Ave . Rt . Turn Lane + 235 ,000 Bluff Avenue + 6 ,000 2nd Ave . Water & Sewer + 470 ,000 Halo 2nd Addition + 9 ,000 101 Frontage Road + 26 ,000 CR #16 Utilities + 32 ,000 Alley Block 50 OSP + 3 ,800 Valley Ind. Blvd. So. + 5 ,000 Maras Road Improvement 0 Upper Valley Drainage - 816 ,480 Dean' s Lake Basin IVA + 900 ,000 Polk Street - 79 ,000 1st Ave . Rt . Turn Lane + 235 ,000 Net Change $+ 739 , 320 2nd Ave . Water & Sewer + 470,000 101 Frontage Road + 26 ,000 Alley Block 50 OSP + 3 ,800 Deans Lake Basin IVA + 910,000 Eastview + 9 ,600 Net Change $+ 823 ,220 Revised ' 82 Revenue : $4, 787 ,451 Revised ' 82 Expenditures $ 3 ,516 ,055 Estimated Fund Balance 12/31/82 $1 ,007 ,619 CITY HALL FUND' 'Program dropped when Five Year Capital Improvement Program finalized in November ' 81 . -4- DEBT SERVICE FUNDI 1No changes . However, the City has historically paid for assessments against City property with revenues from the Permanent Improvement Revolving (PIR) Fund, and those revenues were not reimburseable and should, therefore , not have been paid out of the PIR Fund. In 1982 , a totalof roughly $9 , 100 in assessments against City property will be abated and the monies that would have been produced by the assessment will be generated by special levies as needed to meet debt service requirements in the future . P. I .R. FUND Actual 12/31/80 Balance $313 ,828 Budgeted ' 81 Revenue $ 14,393 Budgeted ' 81 Expenditures $ 70 , 150 Trial Balance ' 81 Revenue 37 ,982 Trial Balance ' 81 Expenditures 37 ,027 Trial Fund Balance 12/31/81 $314, 783 Budgeted ' 82 Revenue $ 15 ,600 Budgeted ' 82 Expenditures $ 50,560 Proposed ' 82 Changes : Proposed ' 82 Changes : Levee Drive Assessments+16 ,560 Interest Income +15 ,000 Railroad Storm -34,000 Net Change $+31 ,560 Net Change $-34,000 Revised ' 82 Revenue $ 47 , 160 Revised ' 82 Expenditures $ 16 , 560 Estimated Fund Balance 12/31/82 $360 ,383 SEWER FUND Actual 12/31/80 Balance $331 ,4661 Budgeted ' 81 Revenue $676 ,600 Budgeted ' 81 Expenditures $654, 544 Trial Balance ' 81 Revenue 610 , 757 Trial Balance ' 81 Expenditures 619 , 128 Trial Fund Balance 12/31/81 $323 ,0951 Budgeted ' 82 Revenue $733 ,090 Budgeted ' 82 Expenditures $690,895 Proposed ' 82 changes : None Proposed ' 82 changes : None Estimated Fund Balance 12/31/82 $365 ,2901 1Because this is an Enterprise Fund, this balance is the Retained Earnings . -5- COMMUNITY SERVICES FUND No Changes Housing and Redevelopment Authority General Fund (HRA) Separate Budget Memo KMART FUND No Changes HIGHRISE FUND No change . However, the City share of the Levee Drive Improvements will come from the $177 ,411 budgeted as Expenditure or Transfer rather than the P. I .R. Fund as originally budgeted. -6- •i _ • RESOLUTION NO. 1991 A RESOLUTION AMENDING THE 1982 BUDGET WHEREAS , on ,October 6 , 1981 , the City Council did approve an annual budget for the City of Shakopee for the fiscal year beginning January 1 , 1982 ; and WHEREAS , after reviewing the 1981 year end revenue and expenditure figures and considering legislative changes affecting the City' s revenues , the City Council has determined that it is necessary to amend the 1982 annual budget . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That the 1982 annual budget , adopted in Resolution No. 1921 , is hereby amended to a total General Fund appropriations of $2,358,960. 2 . That the appropriate City Officials are hereby authorized to make the interfund transfers contained in the 1982 budget , as amended, at the appropriate times without further council authorization. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1982 . 41/1 yor o th ity o -opeS-- ATTEST: City Clerk Approved as to form this day of , 1982 . s ??j, Expiring term on the Shakopee Public Utilities Commission Councilmembers have already received resumes from four residents expressing a desire to serve on this Commission: y 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 . MEMO TO: John K. Anderson/City Administrator FROM: Judith S. Cox/City Clerk RE: Parking in off-street parking lots DA1'F: March 31, 1982 Introduction: On March 16th the City Council directed staff to study and recommend municipal parking lot permit guidelines for Council consideration. Background: Tom Brownell, Police Chief, Jeanne Andre, Adm. Assistant, and Judy Cox, City Clerk, met (having comments from Jim Karkanen, P. W. Supt. ) to discuss the current munic- ipal parking lot permit process. As a result of that discussion, the attached policy is recommended. It was also recommended that Council review the policy for possible changes each year at the same time that Council considers the parking lot permits for Brambilla and Total Transportation Services. Note: We have currently issued 12 permits for parking in municipal parking lots and have in the past issued as many as 22. So, for this year, staff is recommending that a total of 22 permits may be issued. There are 20 parking spaces (plus handicapped) at the High Rise and approximately 24 occupants have cars. It is recomnended that no permits need be issued for residents of the High Rise because the municipal lot does have 24 hour parking. Alternatives: 1. Policy as proposed. 2. Amend policy as proposed. 3. Do nothing and continue to allow staff to issue permits to applicants on an informal basis. Recommendation: Staff recommends policy as outlined with any additions Council may see fit to make. Action Requested: Approve Municipal Parking Lot Policy dated April 6, 1982. JSC:cu 5 POLICY FOR PARKING IN MUNICIPAL PARKING LOTS 4-6-82 Municipal parking lots are intended to provide parking for customers of local businesses. Local businessmen should be cognizant of the loss of parking, if they don't discourage their employees from parking in the municipal parking lots. Resolution No. 1249 was adopted by the City Council to afford off street parking for persons residing above commercial buildings at the time the municipal parking lots were constructed in 1967. The resolution provides for the issuance of a permit to permit parking in municipal parking lots for a period of time exceeding the limits contained in the City Code. The following guidelines shall prevail until amended by the Shakopee City Council. 1. Parking for periods of time longer than posted shall be limited to persons residing above commercial buildings erected rior to construction of the municipal parking lots. (Hotel has own o street parking lot) 2. Applicants will be expected to park in the rear of the parking lot, whenever possible. 3. To permit snow removal applicants shall move their vehicle within twenty-four (24) hours after a snow fall. 4. No storage of vehicles shall be permitted. Vehicles must be currently licensed, operational and used on a day-today basis. If it appears that an applicant has not driven his car for a period longer than four days, the permit may be suspended. 5. No permits shall be issued for parking lots posted for 24 hour parking, unless a special parking lot lease agreement is approved by the City Council. 6. The following number of parking lot permits will be issued on a first come basis. When a resident with a permit moves and so notifies the City, his permit may be reissued. When the City has issued the number of permits indicated for a given lot, the applicant may select another lot. Parking Lot East of Bill's Toggery - 12 Parking Lot West of Berens - 5 Parking Lot North of Huber Building - 5 (2) 24 hour parking lots abutting Levee Drive - No limit set at this time. 7. The City reserves the right to suspend the permit, if it is determined that the car owner is abusing the priviledge of having a permit, and the following procedure would be followed: a] Upon observation or complaint, a possible abuser would be spoken to about his abuse. b) If there is no change, a certified letter will be sent advising of the noted abuses and asked to respond positively or the permit would be suspended upon a date so stated. c] If there is no change, the permit is suspended and the provisions of the City Code shall be followed. d] It would be left to the discretion of the Chief of Police, or the City Administrator, if and when a new permit may be issued. MEMO TO: Mayor and CityCouncil Y FROM: John K. Anderson, City Administrator RE: Developer ' s Agreement DATE: March 31 , 1982 Introduction The City held a meeting March 25 , 1982 with developers to receive their comments of the proposed changes in the City' s developers agreement . One developer attended, Gary Eastlund . Dick Wiggin also submitted some comments at an earlier meeting. Comments Comments 1 and 2 are from Mr. Wiggin, 3 - 9 are from Gary Eastlund, and the balance are from City staff: 1 . Page 9 - permits City to keep the extra 50 until all lots have paid assessment . Questions if legal . Old agreement 50% kept only until 2/3 lots paid and then the 50% in fact took care of the balance and the agreement could then be released. 2 . Page 8 and 9 - City may wish to chose the payment method rather than leave it up to the developer: a. If its a desirable development where all lots should go fast , 10% up front would be best . b. If there are undesirable lots which may not sell for a long time , or maybe never, 150% method would afford City best protection. 3 . Page 3 paragraph B - add a performance bond option with the City named on any bonds provided by subcontractor rather than the general contractor. 4. Page 6 paragraph D - drop the "100%" petition, its confusing and may cause problems when an improvement benefits property adjacent to the development . 5 . a. Page 7 paragraph E( 1 ) - Use the 10% downpayment for the final assessment payments rather than holding it at 5% until all the assessments are paid and then returning it to the developer ( same as #1 above) . b. Page 7 paragraph E( 1 ) - Can the 57 interest paid by the City be changed? 6 . Page 7 - Will the City change its policy and allow the assessment to be passed on to the new owner rather than it being paid at 100% or 150% before the occupancy permit is issued. 7 . Page 8 - Why 150%, why not 125% or some other number? Mayor and City Council ' March 31 , 1982 Page Two 8. Page 13 - who should sign the agreement? Should it be the fee owner, all mortgage companies and the developer? 9. The developers agreement as written does not provide for indicat- ing which payment method is to be used. This needs to be added. 10. In figuring park dedication, it is based on optimum development permitted by the subdivision ordinance , however, the proposed agreement allows for adjustment at time of issuance of building permit . 11 . Will the City permit the 150% assessment payment on older developers agreements to be changed from collection at the building permit to collection at the occupancy permit? Amend old agreements . 12 . Should the City include the requirement that electrical and gas utilities be included as a Plan A requirement in the developers agreement . Summary and Recommendation I have checked with the cities of Edina and Bloomington about questions No. 1 , No. 5a, and No. 5b. Edina does not require the 107 downpayment or collect assessments on lots at a rate higher than 100%, therefore , they do not deal with interest on the downpayment. Edina only assesses for 3 years , however, rather than 10 or 15 years , Bloomington combines a 107 downpayment requirement with the collection of 125% of the assess- ment on each lot sold. The developers agreement states that the inter- est rate paid on the 10% and the accumulating 25% ( 125% - 100%) is at a fixed 72%. However, Mr. Shuck, who handles developers agreements , says they pay the same interest that the City paid on its last bond issue . Bloomington allows the downpayment and 25% that is accumulating to be used to pay for the final balance on the assessments . Staff recommends that the changes proposed in items No. 1 , 2 , 4, 5a, 8 , 9 , 10 and 11 above be incorporated in the proposed amendments to the developers agreement and that items No. 3 , 5b, 6 , 7 and 12 be discussed before a recommendation is made . Action Requested Direct staff to make the above recommended changes in the proposed developers agreement and present it at the next meeting for final action. JKA/jms /oeU MEMO TO: John K. Anderson/City Administrator FROM: Judith S . Cox/City Clerk RE : Ordinance Amending the Dog and Cat Regulations and Licensing DATE: April 2 , 1982 Introduction: On March 23 , 1982 , the Council directed staff to prepare an ordinance amending the current dog and cat regulations per the recommendations of staff at the meeting. The attached ordinance was prepared by Mr . Coller, the City Attorney, and simply incor- porates the recommendations made by staff. Recommendation: Unless the Council has some new concerns , it is recommended that the ordinance be adopted as prepared. Action Requested : Offer Ordinance No. 91 , An Ordinance of the City of Shakopee amending Shakopee City Code Chapter 10 Entitled "Public Protection, Crimes and Offenses" by repealing parts of Subdivisions 4, 5 , 7 and 12 of Section 10. 21 and by adopting new provision for Subdivision 3 of Section 10. 21 and by adopting a new Subdivision 61 and by adopting by reference Shakopee City Code Chapter 12 and Section 10. 99, and move its adoption. JSC :cu 6 / ORDINANCE NO. 91 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPFF CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY REPEALING PARTS OF SUBDIVISIONS 4, 5, 7 AND 12 OF SECTION 10.21 AND BY ADOPTING NEW PROVISION FOR SUBDIVISION 3 OF SECTION 10.21 AND BY ADOPTING A NEW SUBDIVISION 61/2 AND BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE CHAFFER 12 AND SECTION 10.99 TIS CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION 1 Shakopee City Code Chapter 10 Entitled "Public Protection, Crimes and Offenses" is hereby amended as follows: A. Repeal: 1. Subd 4 Sec 10.21 All of this Subd repealed after the word "City" in the second line. Place a period after "City". 2. Subd 5 Sec 10.21 Strike from the 4th sentence lines 8, 9 and 10 the following words: "The owner shows proof every two (2) years that the dog has been imounized against rabies within that period and providing that". 3. Subd 7 Sec 10.21 Strike the last six words, to-wit: "and the date of rabies vaccination." Place period after the previous word dog. 4. Subd 12 Sec 10.21 Strike all of this Subdivision after the word "has" at the end of line 3. B. Amendment: 1. Add the following to the end of Subd 3 Sec 10.21, to-wit: ''the owner of any dog picked up by the pound master whose license is not current, shall be subject to a fine as established by the Council by Resolution. This fine must be paid prior to releasing the dog." 2. Add to Subd 6 of Sec 10.21 the following new Subd 62, "Innoculation Against Rabies. Subd 62. All dogs shall be innoculated against rabies by a veterinarian duly licensed to practice veterinary medicine in the State of Minnesota. It is the duty of the owner of the animal to keep irnoculations current. The owner of any dog picked up by the Pound Master whose rabies innoculation is not current, shall be subject to a fine as established by the Council by resolution. The fine must be paid prior to the release of the dog." Upon payment of the fine and release of the dog, the owner shall have 15 days in which to have his dog innoculated. If the dog is picked up after this 15 day period and the owner cannot provide proof of innoculation against rabies, the owner shall be subject to another fine. 3. Add the following to Subd 12 of Sec 10.21 after the word "has' , to-wit: "been duly issued fcr an impounded animal, proof that the rabies innoculation is 16 6( current, and payment of impounding fees as established by the Council by resolution. In the case of an unlicensed dog the owner shall purchase a license from the Pound Master. SECTION II: Penalty Provisions adopted: Shakopee City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violations" and Sec 10.99 entitled "Violation a Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION III: When in Force: This Ordinance shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date of said publica- tion. Adopted by the City Council of the City of Shakopee, Minnesota in session of the City Council held this day of , 1982. Eldon A. Reinke Mayor of the City of Shakopee AIThST: Judith S. Cox City Clerk Prepared and approved as to form this day of , 1982. Julius A. Coller, II City Attorney X06 MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Application for IR Bonds from the Cornelius Co. (Rubber Industries , Inc . ) DATE: April 2 , J982 Introduction The City has received an application from the Cornelius Company for $1 , 500 ,000 Revenue Bonds to purchase equipment needed to continue the operation of the firm. Background Included is a copy of the application and exhibits . If Council accepts the application, a public hearing should be set by adopting the resolution attached. Alternatives 1 . Accept application and set public hearing. 2 . Accept application and do not set a public hearing for reasons determined by the Council . 3 . Accept application and table action. Action Requested Offer Resolution No. 1994, A Resolution Calling For Public Hearing Pursuant To Minnesota Statutes , Section 474.01 , Subd. 7b, and move its adoption. JSC/jms /C) MEMO TO : John K. Anderson City Administrator FROM : H . R. Spurrie(***-: City Engineer RE : Establishing Municipal Sta Aid Highways DATE : March 26, 1982 Introduction : City of Shakopee approved Resolution No. 1983, February 16, 1982 establishing two Municipal State Aid Highways (MSAH) . Background : State Law specifies that the designation is subject to approval of the Commissioners of Highways of the State of Minnesota. Resolution No. 1983 was forwarded to Minnesota Department of Transportation (Mn/DOT) for approval. The routes were not approved because the routes exceed the permitted mileage of 2.40 miles by 0. 05 miles, which is approximately 290 feet. Proposed Resolution No. 1992 revises the alignment of Segment 4 on the drawing and that revision reduces the total mileage 290 feet, so that the total mileage is 2.40 miles. According to the District State Aid Engineer, this reduction would assure the approval of the two segments. Recommendations: It is the recommendation of City staff that City Council adopt Resolution No. 1992, A Resolution Establishing Municipal State Aid Highways And Repealing Resolution No. 1983. Action Requested : Adopt Resolution No. 1992, A Resolution Establishing Municipal State Aid Highways And Repealing Resolution No. 1983. HRS/jiw Attachments: Original Map Revised Map Resolution No. 1992 4. -•-•\( Q.)\i/C) r, +4... / . 1 / co a) • ., CD .t,-. ,...-----•\ i . y.... 1 S•• . 1 f/ , / \ . : i .' 1 9 - 09 N. e I; ( ( . , , i , . . i c. . 0 .,_ , . . , 0,. , c.,,,, N., N / r'" - O. - • _ Tana 't V Cil) CN -J , NI v 0 0 CD ' ' f 1 0 0 CV (m iii CD CD I i Z e Ao..-7-10) I coN19107 I (") 1 (0 , c,,, 0 LI ir ..... If , i 7••N 0 I • r 9 0 0 sa ...-- 7^ •P"'" N 1,1" (,— CV-- ,0 „) 0 \ 0 : CO , . N„. g" 0 : co T-• , 0: 1 CV. 0 1 C\1 /'4 .4 0 • ) : ' 0 0 LO lo I ; . " CO / cncr) 0 0 c0 /:: . , , - 0 . I 1 (N • c• .- .1 0 - 0 i ...-- . . ...-- c0 - 1 1 0 ''' ' -----' i CO . 1 ,I 1 • CO 4 - •.... '•' 4 ..• , '1 0 I I 11 ,1 . I 1. 0 0 I 5 • , - co < • , v. . • .4. . _ .,- N . , i , ' ,I;r„ •- ..•'f t : . II ;! I ,.. .97 ' . .: ----• -:14 . ; ..... , 11 'i \ /: '" I, . j • , . . •,- . E / I, •, . J - \ ' ,1 •,,, mar am . .was mut mar law min was .mt mucimrasig 111111CJIMINE111111 .., A\ )0.1 10'0.51 '...-' \•,.( ) - •''''' After_ammiTIL-ioi°11111 ' I , .•••• II ., ..• __--.-.; • , 4 .... ,. ,..) ,. .,„ 0.,.__ ,....„. _, _... ,.....,(,,, ,, ,..., w c., ` _ O ).\\\ , Oro o �(p c T— O �6 \\ di O co / \\\ , I i - i 1 1 ' OT-1 9 iill. ,, CO N CO O O /1 1' / O O T"'"I( 1/1 0 �, a 2 / c° O (C)• cp \ i \ 9 . 0 7 ....6 CO0 e—O\\; I N41 111'd 0 0 ,e r Qr- I CO ' O w . O co H co c w ® (. 5• O r 0 • 00 fV (4 fI. O O 10 0• 0 i ILI IC r— , / h Cr )� CO i 0 0 ;1 OC° Cf) / . i \� G N 0 J\\ O i. 1111 • • i , . 1 Cr 1 i‘. ' 0 7. .7. • 0 i / ^SCO o . 0 ,_ Oon a ' r nt; no 1 0 Q _ N I i 1 ` i ` 5 ` / 11 1 11 I t I 111r° 'r' ♦ms's °r y_ ) ......rte. d 1 RESOLUTION NO . 1992 A Resolution Establishing Municipal State Aid Highways And Repealing Resolution No. 1983 WHEREAS, it appears to the City Council of the City of Shakopee, Minnesota that the streets hereinafter described should be designated Municipal State Aid Streets, under the provisions of Minnesota Laws of 1967, Chapter 162; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the roads described as follows, to-wit: 1 . Beginning at the intersection of Trunk Highway 169, and the North line of the Southwest quarter of Section 11, Town- ship 115 North, Range 23 West; thence Southeast to 13th Avenue as platted in Minnesota Valley 3rd Addition, on record in the office of the Recorder of Scott County, Minnesota, thence along the alignment of 13th Avenue East to County State Aid Highway No. 15 and there terminating. Said road to be numbered and known as Municipal State Aid Street No. 104. 2. Beginning at the intersection of MSAH 108 and the center of Section 5, Township 115 North, Range 22 West; thence South to a point 675 feet North of the South line of said Section 5; thence Southeasterly a distance of 1060 feet along a tangential curve concave to the east, having a radius of 675 feet and a central angle of 90 degrees to a point on the south line of said Section 5; thence East to the Southeast corner of said Section 5; thence South along the East line of Section 8, Township 115 North, Range 22 West to County State Aid Highway No. 16 and there terminating. Said road to be numbered and known as Municipal State Aid Street No. 106. be, and hereby are established, located and designated Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration and that upon his approval of the designation of said roads, or a portion thereof, the same be constructed, improved and main- tained as Municipal State Aid Streets of the City of Shakopee, to be numbered and known as Municipal State Aid Streets as noted above. BE IT FURTHER RESOLVED, that Resolution No. 1983 is hereby repealed in its entirety. Resolution No. 1992 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 • I1aU MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Vacation of Alley North of Lots 1 and 2 , in Block 30 O. S .P. DATE: April 2 , 1982 Introduction A letter was received by the City of Shakopee on February 11 , 1982 from David Moonen asking the City to vacate the alley lying North of Lots 1 and 2 of block 30 , O.S.P. Background Council set a public hearing for April 6th at 8 : 30 p.m. to consider the vacation of the alley lying North of Lots 1 and 2 , Block 30. The state law provides that no street or alley may be vacated unless vacation would be beneficial to the public interest . Should said part of the alley be vacated, there is a minimum of curb work needed to protect the general public from using the unvacated part of the alley at an estimated cost of Staff has approached Mr. Moonen regarding a more extensive improve- ment than what he is planning for his building which might generate tax increment money to also improve the municipal parking lot in- cluding green space ; however, this is only in the discussion stage . Council should conduct the public hearing, as advertised, but may wish to delay taking action: 1 . if the vacation would not be beneficial to the public interest . 2 . until it is determined where funds are coming from to pay for the minimum curb work needed as a result of any vacation . 3 . until it is known whether or not tax increment plans are going to be implemented. If and when a vacation takes place , Shakopee Public Utilities has requested that a utility easement be retained. Alternatives 1 . Deny the request for vacation. 2 . Table action on the vacation request until May 4th (allowing additional time to learn whether or not a tax increment plan maybe implemented and/or how the needed curb work might be funded) . 3 . Direct staff to prepare the appropriate resolution vacating the partial alley as requested. John K. Anderson Page Two April 2 , 1982 Recommended Action 1 . Conduct public hearing. 2 . Table action on the request for vacation of the alley lying North of Lots 1 and 2 in Block 30, 0. S.P. until May 4, 1982 . JSC/jms ENL) WHI & PINK COPIES INTACT. WHITE COPY WILL BE RETURNED W17 I! REPLY � t C'- c FROM: SHAKOPEE PUBLIC UTILITIES COMMISSION 1030 East Fourth Avenue SHAKOPEE, MN 55379 (612) 445-1988 Name: SUBJECT: ///61770 A,' 0/5 / Py j3Z-OC•,e 3(.) C)• P. DATE kiF F'p's , T," e4 y( P n.;'• A1-7-4 i /v 7-A//Ye O ,i r- 7--e _?e e° j- T/7<P .moi?F S F N;- A L L E 0 Si/t u C/,/t,' e CC c ✓f r S"A C E- >~i 1/e/'2 1 E'_ Q /l: ;—//L e_ t.,!// %/-( 47- c'/C/N e ,-- O//V y-•, A'c-cp v 4,A y 77/.4 7 :r/y e f=v 1,4///,e) :/V /3-e_ fc / r A 7-77/N - 4 5-(-) VIA() /v REPLY TO DATE BY RETURN PART 1 TO SENDER WITH REPLY BY I MCC 847-3 t '..wr. • -. ` .t.wXSy;i :� � I §v' 1.F.. � e��k • S t kG . �: ,443 ‘01,•,4;H .e; 6= �_Z a;r 4 ,F �;• gl 1*i t i #4,a; rs { 1141,4•144;01i1,' •t4 ''• 1:4;;;,- y ` � .. jjgv{M'4 ,ui c't.{ R#�"r t 44' 10.4:4,„$*it. iz 4. 'i}W'1 �f a/ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given to the affected property owners and the public that the City Council of the City of Shakopee , will hold a pubic hearing on Tuesday , April 6 , 1982 at 8 : 30 P.M. , or thereafter, in the Council Chambers of the City Hall at 129 East 1st Avenue , to consider the vacation of that part of the alley lying North of Lots 1 and 2, in Block 30 , Original Shakopee Plat ; lying between Second and Third Avenues and between Lewis and Holmes Streets ; to which the City of Shakopee has asserted a claim. All persons interested in the above vacation will be given an opportunity to be heard . Dated this 12th day of March 1982 . Judith S. Cox City Clerk CITY OF SHAKOPEE CERTIFICATION OF POSTING I, Judith S. Cox, City Clerk of the City of Shakopee , Minnesota, do hereby certify thatI d'd post a copy of the above notice of public hearing on Y /P /9`� on the bulletin board on the main floor of the Scott County Courthouse, on the bulletin board in the Shakopee City Hall and on the bulletin board in the lobby of the Shakopee Public Utilities . Dated this / day of rfic/A424, , 1982 . i SEAL MEMO TO: John K. Anderson, City Administrator /iL FROM: Jeanne Andre , Administrative Assistant RE: National League of Cities Memorandum on Cable Legislation DATE: April 2 , 1982 Introduction The attached National League of Cities (NLC) memorandum outlines federal legislation recently introduced regarding cable communi- cations . The NLC has requested cities to forward comments by April 9 , 1982 , to be considered in NLC response to this legisla- tion ( see lower half of page 5 ) . Senate subcommittee hearing on this legislation will be held April 27 - 30, 1982 . Background The legislation introduced has many positive provisions , such as the establishment of access standards at the federal level and allowing state and local government to continue rate regulation. Even negative aspects such as FCC (Federal Communication Commission) to continue to limit franchise fees are not unmanageable for muni- cipalities . However, unclear language which may preempt certain state and local regulations and/or existing franchise provisions should be dropped or revised to more effectively integrate federal , state and local regulation of cable communications . Recommended Action Direct staff to write to the National League of Cities and Senator Barry Goldwater requesting the lines of authority between federal , state and local regulations of cable communications to be more clearly drawn in the proposed legislation. JA/jms 44PAc& National 1301 Pennsylvania Avenue NW Officers; League Washington,D.C. President Ferd L Harrison Of 20004 Mayor.Scotland Neck.North Carolina Cities (202)626-3000 First Vice President Cable:NLCITIES Charles Royer Mayor,Seattle.Washington +' Second Vice President Yt George Latimer Mayor,Si.PaulMinnesota • 1 Immediate Past President 1.'+ L us William H Hudnut.III Mayor,Indianapolis.Indiana Executive Director ern'ern' 9,." � r �'jr1 Alan Beals ii �s,.' a 6' is♦ b �..� TO: (1) Mayors and Managers of Direct Member Cities (2) Executive Directors of State Municipal Leagues From: George Gross, Director, Federal Relations Subject: NLC Legislative Letter : 22 March 1982 In this Issue: Cable Legislation Senator Barry Goldwater, Chairman of the Senate Subcommittee on Communications, on March 4 introduced a comprehensive bill deal- ing with cable television. Entitled the "Cable Telecommunications Act of 1982" (S. 2172 ) , it would establish national policy on cable, increasing the role of the Federal Government in cable regulation and preempting state and local authority in certain areas; require the Federal _Government to establish access st4ns s ar;d _a veil- in9 on franchise.,•fees; and allow states_ 41114_10.aal.._,gouernments to regulate rtes charged to subscribers for basic cable ser- vice. Subcommittee hearings have been set for April 27 - 30. Following are the major provisions of S. 2172. Jurisdictional Framework S . 2172 would add a new title VI to the Communications Act of 1934 , treating cable as a unique medium rather than as a broad- cast-type service. Its findings state that "a national and uni- form policy for cable . . . to prevent the emergence of conflicting regulation" is needed, that the Federal Government has an interest in the development of cable telecommunications, and that "cable systems are engaged in interstate commerce. " Two purposes for the bill are specified: (1) to clarify jurisdictional responsi- bility by apportioning authority for the regulation of cable be- tween the Federal Goverment and the states ; and (2) to enable "cable systems to compete in the marketplace with the providers of telecommunications services to the public. " Under Section 603 (1) , the Federal Communications Commission (FCC) would have exclusive jurisdiction in a number of areas. States or local governments (or other federal _agenclexplici-t7. __prohi- bitec, trQmm establishing•,or makin,,g "r les._ r gD1,.1,.ciea_r arding matters dealt with in this [bill] . " Pest Presidents:Tom Bradley,Mayor,Los Angeles.CaI'fornia•Henry W.Maier,Mayor.Mrwaukee,Wisconsin•Tom Moody,Mayor,Columbus.Ohio•Jessie M.Rattley,Councilwoman Newport News Virginia•John P Rousakis,Mayor•Savannah Georgia•Directors:Richard Arrington,Jr.,Mayor.Birmingham,Alabama•Carol Bellamy,Council President,New York New York•Arne Boyum,Executive Director,North Dakota League of Cities•Richard S.Caliguiri,Mayor,Pittsburgh.Pennsylvania•Malcolm Clark,Council Member,Port Arthur,Texas•Joanne Collins,Council Member,Kansas City Missouri•Thomas H.Cooke,Jr.,Mayor.East Orange,New Jersey•David Cunningham,Council Member,Los Angeles.California•W.Elmer George,Executive Director, Georgia Municipal Association•Karen M.Graves,Commissioner,Salina,Kansas•Anne Gresham,Council Member.Grand Prairie,Texas•Paul E.Haney,Council Member.Rochester New York• Jonathan B.Howes,Mayor Pro Tern,Chapel Hd North Carolina•George M.Israel,Ill,Mayor,Macon.Georgia•Myra Jones,Vice Mayor.Little Rock Arkansas•Christopher G.Lockwood, Ex^^tithe Director.Maine Municipal Association•Bob Martinez,Mayor.Tampa,Florida•Robert H.Miller,Executive Director.South Dakota Municipal League•Jack Nelson,Mayor.Beaverton, Oregon•Mary Neuhauser,Council Member.Iowa City,Iowa•C.David Nuessen,Mayor.Quincy,Illinois•Hernan Padilla,Mayor,San Juan,Puerto Rico•Donald R.Peoples,Chef Executive, Butte,Montana•Martin L.Peterson,Executive Director.Association of Idaho Cities•Michael J.Quinn,Executive Director,Indiana Association of Cities and Towns•Vernon H.Ricks,Jr.,Mayor Pro Tem,Takoma Park,Maryland•Arthur E.Trujillo,Mayor,Santa Fe.New Mexico•George V.Voinovlch,Mayor.Cleveland.Ohio•Daniel K.Whitehurst,Mayor,Fresno.Calilornia•Don A. Zimmerman,Executive Director,Arkansas Municipal League vommmummommilli - 2 Under Section 603 (2) any "federal rule , regulation, order or standard" is null and void to the extent that the requirement is inconsistent with the provisions of the bill. All cable systems are subject to the provisions of the bill and "such orders , rules , or regulations as may be adopted pursuant thereto. " States and local governments a�re_,_s_pecifical „Allowed by Section 603 (3) to adopt or cont.unuein force laws or regulations" unless they are "inTI5 ns'istent with the exclusive _grants. of authority. under this;'Gill) -in {are "not forbidden to any governmental authority under this [bill) . " • Access Section 606 establishes federal access requirements and Section 607 outlines the extent to which the rates charged to programmers for the use of these channels may be regulated. Each systemwi.th 20or more cha,nr,�1s..Tmust set aside ,10 percent of its__channels..._.for use by public educational, and gov_ernmenta.l ch.anne.l. prngrammers, anAiIO percent for use by leased channel _pro.gramm,e , (i.e. , pro- grammers other tfian those selected by the cable operator) . Pro- grammers who are eligible to use these access channels are defined as program originators (origination means the "use of a cable channel . . . to create and distribute programs such as news, public affairs, entertainment, sports, educational, and religious. . " ) and a cable operator is allowed to put his own programming on the access channels (channel programmers include a "cable system operator to the extent that such operator . . . is engaged in pro- gram origination" ) . Because channel programmers are defined as program originators, those service providers who are not program originators (e.g. , security system operators and data transmitters) will not be eligible to use the federally required access chan- nels. Section 606 (b) establishes a trigger mechanism for sunsetting the federal 1e sed access requirements. THe T- C is authorized toy determine on a markCey-markeE iasis whether "there are rea- sonably available alternatives for persons desiring to provide programming service to the public in a particular geographic area or market. " In making this determination -- which will re- sult in a federal agency measuring local communications needs -- the FCC must consider the following factors: (1) the number and size of other providers; (2) the extent to which service is a- vailable from alternative sources; (3) the ability of other pro- viders to make service available at comparable rates, terms, and conditions; and (4) other indicators of competition. Section 606 (c) requires that these federally mandated access channels be made available "on a first-come, first-served non- discriminatory basis. " - 3 - Section 606 (d) allows for the combination of the access program- ming onto a smaller number of channels if demand for the use of the set-aside channels is not sufficient for their full time use. Rate Regulation • States and local governments are specifically,__authorized to re- gulate subscriber rales for-5asic_ cabley_.service (Section 607 (b) ) and rates charged to programmers for the use of the public, edu- cational, and governmental access channels (Section 607 (a) ) . Section 607 (c) explicitly prohibits federalstate and local ti governments from regulang t ierates'cFarge, or the use of- the feCerally manaa_t. Teased access. channels. The right of states and local governments to regulate the rates charged to subscribers for basic cable service is limited by Section 604 (1) , which defines basic cable service as "the re- 7. tr� ansmisai n of broadcast _,signa s an any other service as deter- mined by a cable operator. " This means that the franchising a"GtlibTity`mayrregulate the rates charged to subscribers for re- ceiving local and distant broadcasting signals. Franchise Fees Section 611 directs the FCC to "establish reasonable ceilings" on the franchise fees paid; to state-S-- and coca governments. e appropriateness ' and leverof' the Me ceirth-W i►►ay be challenged b etition. Section 611 sanctions the FCC' s current practice oo imposing a ceiling (that ceiling, first imposed in 1972 , is 3 percent of gross revenues, or up to 5 percent upon FCC grant of a waiver) . The FCC has under consideration a petition to strike down that ceiling, which is not based on any clear legislative authority. Ownership Federal state, , and local government s....arc_. specificall,X_denied the "_authority to prohibit or _� otherwiseregulate, the ow_ner- ship"of cable systems ' y �in y �.-. _ � e�s,c,�n. " (Section 605 '(a)T: This- broar p alfa€T n'of" government regulation of the ownership of cable systems will eliminate the FCC' s existing crossownership restrictions prohibiting networks, broadcasters, and telephone companies from owning cable systems, and prevent states and local governments from imposing similar restrictions. Despite the broad prohibition of government restrictions on ownership the bill includes several specific restrictions : (1) the right of s munici alities to own ca e stems is sobject to several con- --------- . �' itIons; (2) the right", hone., Cmp.,, ` "" °` 3.e sys- tems is limited; an-a (3) the FCC is authorized to .„KaatIlz. for- eign ownership. Conditions are specifically imposed on owner- ship o -cable systems by the following entities : - 4 - Foreign Companies. Section 605 (b) gives the FCC discretionary authority to establish regulations governing the right of foreign owned cable companies to participate in the American market, based on whether the foreign country in question provides reciprocal treatment for American firms. This provision is most likely to affect Canadian ownership, as Canadian law does not allow Amer- ican companies to own cable systems and therefore would not sa- tisfy the reciprocity requirement. The FCC' s authority is dis- cretionary in this area and it could choose not to limit foreign ownership. If, however, the FCC decides to limit foreign owner- ship, it would have the discretion to require foreign companies to divest their American cable holdings. Municipalities. Under Section 605 (c) , municipal governments are prohibited from controlling the programming on municipally owned systems (except for the programming on the federally re- quired public, educational, and governmental access channels) . As a result of this prohibition, the tv would have to establish an independent agency or board to make programming decisions, lease the system to a private_ cabl q_pR _,tororM operate the system as �acommon"carrier. The city' s ability to acquire a cable system" £firough b'uy back, forfeiture, or condemnation is specifically limited. Whenever the city acquires a cable sys- tem through conditions set in the franchise agreement (i.e. , by the enforcement of buy back, forfeiture, or condemnation clauses) , it is required to pay fair market value. Provisions of franchise agreements that allow for acquisitions at less than fair market value (e. g. , franchise agreements which permit buy back at book value or depreciated value) would be invalid. Fair market value is not defined so it is unclear whether the value of intangibles, such as good will and franchise rights, would be included in fair market value. Telephone Companies. Telephone companies -- such as the Bell sys- tem' s operating companies -- would not be allowed to provide cable service in their own operating areas unless their provision of cable service would promote diversity and competition (Section 605 (d) . The FCC would have to approve such operations. All telephone companies could provide cable service in areas out- side of their operating areas. Operating area -- although not defined by the bill -- apparently means the local exchange area (i.e. , the local telephone network) . The American Telephone and Telegraph Company (AT&T) , as restructured by the recent anti- trust settlement, would have an unrestricted right to provide cable service. This is because the settlement agreement requires - 5 - the divestiture of the operating companies that will have ex- clusive responsibility for local exchange service within the existing Bell network and precludes AT&T from providing that exchange service. Other Provisions S. 2172 includes a number of other provisions which are not of direct concern to cities. They include : (1) limitations on the civil and criminal liability of_ cable operators Tori `"program- ming of unaffiliated programmers (Section 608) ; (2) authorization for'-t1ie' FCC to adopt must-carry brequirements for the restrans- mitted of over-the-air roadcast signals (Section �O ) � ) elim- ina ire `OrThi"e"a'-PTication of fairness doctrine, equal time,and reasona e access requirements. to cable operators (Section 610) ; (4)t ons"for sti15s'criber privacy (Section 612) ; (5) author- ization for the FCC to estairrgh-technical standards and to impose record-keeping requirements (Sections 613 and 614) ; (6) direction to- e-FCC"' `o 1 nsure equal employment opportunity (Section 615) ; (7) territorial exclusive)ty"-"Tor'prOfe"ssional sports teams (Sec- tion 616) ; and (8) a prohibition piracy (Section 617) . * * * City officials should analyze the bill, a copy of which is en- closed, and provide NLC staff with your specific comments by April 9. Of overriding concern, is the extent to which S. 2172 may preempt state and local authority, nullify provisions of franchise agreements, and necessitate the renegotiation of franchise agreements. The preemptive scope of Section 603 (1) is not clear: it precludes states and local governments from establishing rules or policies in "matters dealt with in the [bill) " but does not specify what is left to states and local governments. The bill establishes particular federal require- ments in a number of areas--ownership, access, rate regulation and franchise fees -- and specifies permissible state and loca,_ regulation in certain areas (rate regulation) , but authorizes no specific state and local regulation in other areas (access) . Whether the Federal Government' s exclusive jurisdiction in these areas refers only to specifically authorized federal ac- tions or to any kind of regulatory action in those four broad areas is not clear. Should the bill preempt all state and local regulation of ownership, access , rate regulation, and franchise fee matters, unless specifically authorized by the bill, then state and local authority would be drastically reduced since these are the areas that have traditionally been of concern to states and local governments. P 0 - 6 - On the other hand, if states and local governments can establish requirements in these areas as long as the bill does not expli- citly prohibit the requirement in question, then the federal re- quirements simply operate to establish federal minimum access requirements , to authorize state and local regulation of rates for basic subscriber service and the use of the federally re- quired public, educational , and governmental access channels, to set maximum franchise fees, and to prohibit regulation of the rates charged for the federally required leased access channels. Please send your comments on the bill to Cynthia Pols at NLC' s Office of Federal Relations. — (for S.2172 "(2) Any cahla system s'.;i:1 i-, j By Mr. GOLDWATER self and KASTE ): hire Be it enacted by the Senate and House of the i.ru.: :. ;.:.s [1::e a:.: : c:-.rr- 2172. A bill to amend the Commu- Representatives of the United States of rules, or regulations as may be adopted pur- S. America in Congress assembled, That (a) suant thereto and any Federal rule, regula- nications Act of 1934; to the Commit- this Act may be cited as the "Cable Tele- tion, order, or standard applicable to cable tee on Commerce, Science, and Trans- communications Act of 1982". systems shall, to the extent inconsistent portation. (b) The Communications Act of 1934 is with the provisions of this title•be null and CABLE TIMECOMMI NTCATIONS ACT OF 1982 amended by inserting immediately after void. • Mr. GOLDWATER. Mr. President, title V the following new title: "(3) A State, instrumentality, agency, "TITLE VT—CABLE board, commission, or authority or any the bill I Introduce today, the Cable po- TELECOMMUNICATIONS ACT lltical subdivision thereof may adopt or con- Telecommunications Act of 1982, rep- tinue in force any law, rule, regulation. resents the culmination of a process "FINDINGS order, or standard affecting cable systems, that began In 1979 when I introduced "Sec. 601. The Congress hereby finds unless such law,rule,or regulation,or order legislation that contained similar pro- that— or standard is inconsistent with the exclu- visions. Extensive hearings were held (1) cable systems are engaged In inter- sive grants of authority under this title and state commerce through the origination, is not forbidden to any governmental au- on that bill but no action was taken in transmission, distribution, and dissemina• thority under this title. the 96th Congress, tion of broadband telecommunications serv- Last year, the Commerce Committee ices; "DEFINITIONS considered a number of communica- "(2) the expansion and development of "Sac. 604. For purposes of this title, the tions bills that were passed by the cable telecommunications is of primary con- term— Senate. Among those was S. 898, cern to the Federal Government; "(1)'basic service', 'basic cable service', or which contained several cable televi- "(3)it is necessary and appropriate forshe 'basic subscriber service'means the retrans- Sion provisions. However, no hearings Federal Government to establish and main- mission of broadcast signals and any other fain a national policy for cable telecommu- service as determined by a cable operator, had been held on those particular sec- nications to assure the evolution of cable as "(2) 'broadband telecommunications' tions in S. 898. Therefore, during the a medium In its own right;and means any receipt or transmission of elec- flaor debates on that bill, I objected to „(4) a national and uniform policy for tromagnetic signals over one or mere co• these cable Is needed to prevent the emergence of axial cables or other closed transmission provisions because of the corn- conflicting regulation and to allow the medium; n';t nents I h::d ma,. e that.there would growth and development of cable as a "(3) 'broadcasting' means telecommunica- be no Cable legislation without hear- medium which will be responsive to and tions by radio intended to be received by the ings.I also made it clear that I was not serve the needs and interests of the public. public, directly or by the intermediary of objecting to the substance of the cable -primps= relay stations; provisions in S. 898. My amendment to "Sac. 602. The purposes of this Act are "(4) 'cable channel' or 'channel' means delete those provisions was successful, to— that portion of the electromagnetic frequen- and they were stricken from the bill. "(1) create a jurisdictional framework cy spectrum used in a cable system for the Mr. President, this bill is the first which apportions the authority to regulate propagation of a radio, teletiision, or other time that a comprehensive bill has cable systems between the Federal Govern- electromagnetic signal; been introduced on cable television, ment and each of the several States of the "(5)'cable operator'or'cable system oper- been will be ampleUnited States;and at ' means any person or persons, or an p opportunity for "(2)allow cable systems to compete in the agent or employee thereof, that operates a public comment on its provisions, as I marketplace with other providers of tele- cable system, or that directly or indirectly have steadfastly promised in the past. communications services to the public. - owns a significant interest in any cable The subcommittee has tentatively "STATEMENT OF AUTHORITY system, or that otherwise controls or is re- scheduled 4 days Of hearings On this "Sac.603.The provisions of this title shall sponsible for, through any arrangement, bill next month: April 27, 28, 29, and apply as follows: the management and operation of such a 30, 1982. "(1) The Commission shall have jurisdic- cable system; Mr. President, I invite my colleagues tion and exercise authority with respect to "(6) 'cable service' means the retransmis- sion of any television or radio broadcast to join in cosponsoring this bill. Commission jurisdiction under this title is signal, or program origination, for distribu- Mr. President, I ask unanimous con- exclusive and no other Federal or Slate in- tion by cable or any other closed transmis- sent that this bill and a summary de- sion medium to multiple subscribers; scribing it be printed in its entirety in strumentality or agency or any political sub- "(7) 'cable subscriber' means any person the RECORD, following my remarks. division thereof shall make or establi:a who receives radio,television• or other elec- There being no objection, the mate- rules or palic'cs regarding the matters d_:_." tromagnetic signals distributed or dissemi- Tial was ordered to be printed in the grassier in this title. nated by a cable operator or a channel pro- RECORD,as follows: over a cable system; 7 _ "(8)'cable system'means a facility or corn- •'(17) 'United States' means the several "(d) Notwithstanding the provisions of bination of facilities under the ownership or States and territories.the District of Colum- subsection(a)of this section.no telecommu- control of any person or persons,which con- bia, and the possessions of the United nications carrier shall engage in the provi- sists of a primary control center used to re- States. sion of cable services in the same operating ceive and retransmit, or to originate broad- "oV.'NEF.sHIP OR CONTROL OP CABLE SYSTEMS area,unless the Commission, in any particu- band telecommunications services over one lar case, shall otherwise permit and then "Sec. 605. (a) Except in,the case of the or more coaxial cables, or other closed only upon a sufficient showing that such transmission media, from the primary con- antitrust laws of the United States and to provision by a carrier will provide signifi• trol center to a point of reception at the the extent otherwise provided in subsections cant additional media diversity and competi- premisesb), (c), and (d) of this section, no executive of a cable subscriber, but such ,cncc of the United States, including the tion.In any particular case,the Commission term does not include a facility or comcina- Commission. and no State or political subdi- purposes require conditions which foster the tion of facilities that serves only to retrans- vision or agency thereof, including a cable purposes and policy of this Act. mit the television signals of television "(e)(1) Notwithstanding the provision of authority, shall have the au- subsection stations located withal the franchisingsubsection (d) of this section, telecommuni- thority to prohibit, or otherwise regulate, market in which such facility is located, nor the ownership of cable systems by any cations carriers serving rural areas with low shall a common carrier subject to the provi- population density, as defined by the Cor- sions of title II of this Act be deemed to be a person. mission, may provide cable services in such "(b)(1) Notwithstanding the provisions of cable system solely by reason of receiving or areas. transporting broadband telecommunications subsection (a) of this section, for the par- "(2)The Commission shall prescribe regu- services in the ordinary ccurse of its busi- Pose of ensuring fair and equitable treat lations necessary to carry out the provisions ness as a common carrier, ment of United States cable enterprises of this section within the 180-day period fol- "(9) 'channel programer' means any seeking access to markets in a foreign coon- lowing the date of its enactment. person or persons that lease, rent. or are try, the Commission shall have authority t0 otherwise authorized to use the facilities of conduct inquiries and establish policies, DEDICATION OF CHANNEL CAPACITY rules,regulations.and requirements applica- "SEC. 606. (a) The Commission shall re- a cable system for the origination of pro- ):.- ,r• r; psrsons from that country quire cable systems having twenty or more grarning over a cable channel, and such :._c•-s to domestic mart.ets in the television broadcast channels (120 MHz or term shall include a cable system operator United States in connection with the con- more of bandwidth)for immediate or poten- to the extent that such operator, or person struction. ownership,and operation of cable tial use to dedicate or set aside— or persons under common ownership or con- enterprises with a view to assuring that "(1) 10 percent of such channels for use trol with such operator, is engaged in pro- such United States cable enterprises are by public, educational, and governmental gram origination permitted access to such foreign markets channel programers;and "(10) *closed transmission medium' or upon terms and conditions which are recap- (2) 10 percent of such channels for use 'closed transmission media' means media rocal with the terms and conditions under by leased channel pgation er. having the capacity to transmit simulta- which such foreign persons have access to "(b) (1) The obligation to of e access neously electromagnetic signals over a domestic markets in the United States. imposed under paragraph (2) of subsection common transmission path such as coaxial „(2) For purposes of this subsection, the (a) of this section (relating to leased char- cable, optical fiber, wire, waveguide, orterm'foreign persons'includes any individu• nets) shall cease upon determination by the of her such signal conductor or device; al who is not a citizen of the United States. Commission that there are reasonably avail- "(11)'origination'or'program origination' any subsidiary (although established under able alternatives for persons desiring to pro- means the use of a cable channel by a chan- the laws of the United States or any State vide programing service to the public in a nel programer to create and distribute pro- thereof) of a corporation or other business particular geographic area or market. grams such as news, public affairs, enter- entity which was established under the laws "(2) IN determining whether there are tainment, sports, educational, information- of a foreign country, any corporation or reasonably available alternatives in the rele- al, and religious, but such term does not in- other business entity established under the vant area or market, the Commission shall dude carriage of radio or television broad- laws of a foreign country, or any corpora- consider— c,st signals by a cable operator, tion or other busintss entity established "(A)the number and size of other provid- "(12) 'person' means an individual, part- under the laws of the United States or any ers of service; nership, association, joint stock company, State thereof, if 25 percent or more of the "(B) the extent to which service is availa- trust, corporation, or any governmental au- capital stock or equivalent ownership 1s ble from other providers; thority: owned or controlled by an individual who is "(C)the ability of such other providers to "(13) 'radio or television signal' means a not a citizen of the United States or by a make such service readily available at cora- signal or any radio or television broadcast corporation or other business entity estab- parable rates,terms,and conditions;and station, domestic or foreign, operating on a lished under the laws of a foreign country, "(D) other indicators of the extent of the channel regularly assigned to its common!- or any subsidiary of a corporation or other ty,which is receivable by the general publicCompetition. business entity established under the laws "(c) The channels referred to in para- without charge; of a foreign country. graphs (1) and (2) of subsection (a) of this "(14) 'telecommunications' means the "(3) The Commission shall adopt such transmission,between or among points spec- section shall be made available on a first- rules, regulations, policies, requirements, come,first-served,nondiscriminatory basis. user's choosing,without change in the form and procedures, and may impose such re- "(d) Until such time as there is demand or content of the information, by means of strictions as it determines to be necessary or for each channel full time for its designated electromagnetic transmission, with or with- appropriate to carry out the provisions of use, public, educational, governmental, and out benefit of any closed transmission this subsection. programing channel may be com- medium, including all instrumentalities, (C) Notwithstanding the provisions of bined on one or more channels. To the facilities, apparatus, and services (including subsection(a)of this section.a State or any extent time is available therefor. such dedi- the collection, storage, forwarding, switch- political subdivision or agency thereof may cated channels may be used for other serv- ing,and delivery of such information)essen- not own or acquire an ownership Interest in ices. h St any cable system,unless sucate,subdivl- tial to such transmission: sion, or agency acquires such ownership or "RATE REGULATION "(15) 'telecommunications carrier' or 'car- interest at not less than fair market value "SEC. 607. (a) Each State or political sub- rier' means any person, including any gov- and not by condition of franchise unless the division or agency thereof,or cable franchis- ernsnent or quasi-government entity, which franchise provides for purchase at fair lig authority,is authorized to establish,fix, offers any telecommunications service or market value.In any case in which any such or otherwise restrict the rates, on a nondis- facilities used by any person to provide tele- State,subdivision,or agency has or acquires criminatory basis, charged for the use or communications services, except that a any such ownership or interest in accord- sale of cable channel capacity or time on person engaged in broadcasting, or in pro- ance with this subsection,such State,subdi- such channels referred to in paragraph (1) viding any cable service,shall not.insofar as vision, or agency shall, in no case, own or of subsection(a)of section 606. such person is so engaged, be deemed a car- control, directly or indirectly, any of the "(b) Each State or political subdivision or ries; programing on such cable system except as agency thereof,or cable franchising author- "(16) 'telecommunications service' means the offering for hire of telecommunications provided in section 606(a)(1). is authorized establish, fix, or other- the e restrict the rates, on a nondiscrimina- facilities, or of telecommunications by tory basis,charged for basic services. means of such facilities;and rf — 8 — "(c) No executive agency of the United "(d) No cable operator, channel pro- "(2) Any person who violates the provi- States, including the Commission, and no gramer, or originator of broadband telecom- sions of subsection (a)shall be liable to any State or political subdivision or agency munications, shall disclose personally iden- person aggrieved by such violation, for dam- thereof, or cable franchising authority, tifiable information with respect to a cable ages as provided by subsection(c). shall have authority to establish,fix,or oth- subscriber, or personally identifiable infor- "(3) Any civil action under this section erwise restrict the rates charged channel mation with respect to the broadband serv- may be commenced in any United States programers by cable system operators for ices provided to or received by a particular district court of competent jurisdiction, the use of channels described in paragraph , cable subscriber by way of a cable system, without regard to the amount in controver- (2)of subsection(a)of section 606. except upon the prior written consent of sy,or in any other court of competent juris- "CRIMINAL AND am LIABILITY the subscriber,or pursuant to a lawful court diction. "SEC. 608. Nothing in this title shall be order authorizing such disclosure. "(c)(1)(A)Damages awarded under subsec- "(e)If a court shall authorize or order dis- tion (b)(2) shall be computed in accordance deemed to affect the criminal or civil liabili- closure, the cable subscriber shall be noti- with subparagraph(B)or subparagraph(C). ty of channel programers pursuant to the tied of such order by the cable operator, or "(B)The party aggrieved is entitled to re- law of libel, slander, obscenity, incitement, other person to whom such order may be di- cover the actual damages suffered by him as invasions of privacy, false or misleading ad- rected, within a reasonable time before the a result of the violation, any profits of the vertising, or other similar laws, except that disclosure is made. For the purposes of thiserson committing the violation that are at- the cable operator shall not incur such ha- paragraph,a reasonable period of time shall t ibutable to the violation and are not taken bility for any program carried on any not be less than fourteen calendar days. in account in computing the actual dam- public, educational, governmental, or leased "(f)Any cable subscriber whose privacy is ages. In establishing such profits, the party channel referred to in paragraphs (1) and violated in contravention of this subsection, aggrieved is required to present proof only (2) of subsection (a) of section 606, or for shall be entitled to recover civil damages as of the gross revenue of the person commit- any program originated by a channel pro- authorized and in the manner set forth in ting the violation, and such person is re- gramer having no ownership affiliation with section 2520 of title 18 of the United States quired to prove his deductible expenses and the cable system operator. Code. This remedy shall be in addition to the elements of profit attributable to fac- "CARRIAGE OF BROADCAST SIGNALS any other remedy available to such sub- tors other than the violation. "Sec. 609. The Commission may establish scriber. "(C) The party aggrieved may elect, at the terms and conditions respecting the car- "TECHNICAL STANDARDS any time before final judgment is rendered. riage of radio and television broadcast sig- "Sec. 613. The Commission shall ensure to recover, instead of actual damages and naffs by cable system operators. that cable system operators conform to profits under subparagraph(B),an award of "FAIRNESS DOCTRINE,EQUAL TIME,AND technical standards necessary to promote statutory damages for all violations involved REASONABLE ACCESS the compatibility and interoperability of in the action,in a sum of not less than$250, cable systems, the compatibility of the re- or more than$10,000,as the court considers "SEC. 610. No executive agency of the celvers and other terminal equipment con- Just. United States, including the Commission, nected to such systems by cable subscribers, "(2) In a case where the party aggrieved and no State or political subdivision or andto prevent harmful interference to sustains the burden of proving, and the agency thereof, or cable franchising author- radio and television communications. No court finds that the violation of subsection ity,shall require a cable operator to comply (a) was committed willfullyand for with the provisions of sections 312(a)(7)and person shall manufacture,import,sell,offer pur- 315 of this Act. for sale or lease, ship, or use devices which poses of commercial advantage or private ft- fall to comply with .such regulations pro- "FRANCHISE gain, the court in its discretion may "FRANCHISE FEES mulgated by the Commission. increase the award of damages, whether "Sec.611.(a)The Commission shall estab- actual or statutory under paragraph (1), by lish reasonable ceilings for the fees to be "RECORDS an amount of not more than $50,000. In a "Sec. 614. The Commission shall require case where the person committing a viola- paid to States, or any political subdivision viola- the maintenance of such records by cable tion sustains the burden of proving,and the therethereby operators of cable systems re- operators and the submission of such re- court finds, that such person was not aware (; franchises from such State or poirti• ports to the Commission as may be neces- and had no reason to believe that his acts cal subdivision thereof and, sary and relevant to the performance of its constituted a violation of subsection(a),the upon its own motion or upon petition. may duties and responsibilities as provided under court in its discretion may reduce the award upon the apprupria!er•_; of suet, ceilings this title or under any rule, regulation, or of damages to a sum of not less than $100. and make adjustments therein. order adopted pursuant thereto. "(d)(1) Any person who violates subset- "(b) The Commission shall prescribe pro- "EQUAL EMPLOYMENT OPPORTUNITY tion (a) willfully shall be fined not more cedures necessary to carry out the provi- "Svc. 615. The Commission shall ensure than$1,000 or imprisoned for not more than cions of this section within the 180-day and promote equal employment opportunity six months,or both. period following the date of its enactment. by cable system operators. "(2) Any person who violates subsection "PROTECTION OF SUBSCRIBER PRIVACY (a) willfully and for purposes of commercial "Sec. 612. (a) No person shall intercept or "SPORTS advantage or private financial gain shall be 616. (a) o cable system shall re- receive not more than $25,000 or imprisoned "Sac. N receive broadband telecommunicationsfor not more than one year,or both,for the unless specifically authorized to do so by a transmit into any area within 50 miles of cable system operator, channel programer, the home stadium of a cub which is a first such offense, and shall be fined not or originator of broadband telecommunica• member of a professional ;pons h ooue the more than $50,000 or imprison,-(1 for not tions or as may otherwise be specifically au- broadcast or any part thereof of r.ny game more than two years,or both, for any subse- thorized by law. involving that home club or a member club quent cftense. "(b)In order to safeguard the right to ri- of that league unless it obtains the consent g g P "(e)(1) No criminal Drrxerdi;;t :;hall he vacy and security of broadband telecommu- of that home club or its designee. n maintained under th nications, such broadband telecommunica- "(b) Nothing in this section shall prevent f '" ` a cable system from retransmitting the pro- tion s it is cthe c nc.•J r: . th;. tions shall be deemed to be a 'wire commu- three years after the cause of action arises. nication' within the meaning of section area ing of any broadcast station into an "(2) No civil action shall be maintained 1510(1)of title 18 of the United States Code. area which is located wholly within that sta- tion's 'local service area', as defined in sec- under the provisions of this section unless it "(c) In the event that there may be any tion 111(f)of title 17, United States Code.". is commenced not later than three years difference between the provisions of this after the claim accrues.", section and chapter 119 of title 18 of the SIGNAL PIRACY United States Code, or any regulations pro- Sec.2.Section 705 of the Communications REDESIGNATION mulgated thereunder, it is the intent of the Act of 1934 (as redesignated by section 3 of Sec. 3. The existing title VI of the Corn- Congress that such chapter 119 shall be this Act) is amended (1) by designating the munications Act of 1934 is redesignated as controlling. existing text thereof as subsection (a), and title VII, and sections 601 through 609 are (2) by adding at the end thereof the follow- redesignated as sections 701 through 709,re- ing; spectively. "(b)(1) Any court having Jurisdiction of a civil action under this section may grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsection(a). 11 � MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: Fiscal Year 1983 Preliminary LCMR/LAWCON Grant Application DATE: April 2 , 1982 Introduction Applications for grants under LCMR (Legislative Commission for Minnesota Resources ) and LAWCON (U. S . Land and Water Conservation Fund) are now being solicited by the Minnesota Department of Energy, Planning and Development . The City of Shakopee must deter- mine if an application for park funding should be submitted, and if so, the nature of the application. Background The City of Shakopee has applied for numerous LCMR/LAWCON grants in past years , successfully securing funds for acquisition of land for O' Dowd Lake Park and JEJ (or Eastside ) Park. Applications for the current funding cycle (FY 83 ) are due by April 30 , 1982 . No LAWCON funds are anticipated for fiscal year 1983 ; approximately $950 ,000 has been allocated by the State for the seven-county metro- politan area . According to a funding allocation prepared by the Metropolitan Council , $82 ,935 will be available to freestanding growth centers ( category in which Shakopee falls ) . Shakopee could therefore submit an application for a project costing up to $165 ,870 , of which one-half would be paid by grant funds and one-half would be the required local match. Two projects have been suggested as possibities for grant funding. The Council should determine if an application should be prepared and recommend a project for further staff research. If an applica- tion is to be prepared, further information on the proposal will be provided at the April 20 , 1982 , Council meeting. The two recommended projects are as follows . The attached Five- Year Capital Improvement Program-Parks , and development schema for JEJ Park are included for further information. 1 . JEJ (Eastside ) Park Development Approximately 11 acres of land for JEJ Park are to be acquired with 1982 LCMR/LAWCON grant funds in the summer of 1982 . Pro- posed development of this land included a parking lot , shelter ( to be moved from school property) sliding hill , walkway from Merrifield Court , ice rink and archery range. Development costs are anticipated to be approximately $40 ,000-$44 ,000. Funds for development could be solicited for fiscal year 1983 . The major drawback to selecting this project for 1983 is a recommendation by the City Engineer that the Upper Valley Drainageway be designed prior to constructing park facilities in this area. Design for this reach of the Upper Valley Drainageway has not been ordered by the City Council , and would take at least nine months to com- John K. Anderson Page Two April 2 , 1982 pile , therefore completion in time for the 1983 construction season ( for park development with grant funds ) is not likely. In addition 13th Avenue , which would provide automotive access to the park, is not part of any presently-adopted improvement schedule . 2 . Levee Drive Park No formal plans for this park exist at this time , but it was included on the Capital Improvement Program (CIP) adopted in 1981 . That project list called for clean-up and planting, site grading and development of bituminous trail and river out- look, with a budget of $15 ,000 . A more detailed site plan could be much more expensive, depending on the extent of development . A seven foot wide bituminous trail costs approximately $8. 35/ foot to construct (or $3173 per block) . Rough estimates of other possible improvements include : clear and grub and new landscap- ing - $4000, public restrooms connected to Community Services Building - $30,000, and look-out at old river-crossing - $50 ,000. Drawbacks to selection of this site include the need to coordi- nate with downtown planning, other riverside park development (Huber and Memorial Park) , trail development (at state , federal and adjacent municipality levels ) , and the extension of Levee Drive. Preliminary staff investigation suggests a project on Levee Drive should be included on a master development plan for all riverside recreational areas in Shakopee. Such a plan would integrate park, downtown and street development along the river, determine ownership of pertinent parcels and how proposed development should be phased. This plan could also be used to solicit funds from the Watershed District and DNR- trails division for these improvements . Requested Action Determine whether Shakopee will submit application for fiscal year 1983 LCMR/LAWCON funding and select project for staff to develop in application. Suggest parameters for local dollar match. JA/jms 1 i I c2\ \ — - - . - - - J � ut II � _ _ CjDp./i4 G HOO L• Pi�' SGT - — 2 . I yc.,y,►J4 F4 LL QQ �� ( .29 s" fii"'— _ -4d— —so I 11111 -_ .i... •'' _ - - so YES • rrgodn" sol g.e5 .ar=m -. -- 4 ' � / ♦ v - i 4, • i -----ti R.kN V ♦ I4t ../ ♦ C i+�+rA 0667? i Islam ,,, / • 0 / ➢fW�WnG 41)/1 / ' `.� 1 4. 1- • 10 1%" 1 ''. 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New directions not addressed in the Compre- hensive Plan include two projects : 1 . Development of City and State owned land on the north side of Levee Drive into a park. Improvements conceptualized include a trail to Huber Park and a scenic outlook on the river. This project complements downtown improvements under scrutiny by the City and local businessmen. 2 . Acquisition and development of the Upper Valley Trail would be completed in conjunction with the Upper Valley Drainageway and would link Hauer Addition with the Minne- sota Valley Mall . The trail would be designed to link the Junior and Senior High Schools , JEJ and Lions/Tahpah Parks and tie into the "Minnesota River Valley Trail" System envisioned by the State of Minnesota, Scott-Hennepin Park Advisory and the Metropolitan Council . Financial Projections Individual projects anticipated for the next five years are outlined on the attached "Projects 1981-85" list . The total pro- jected cost of the projects is $236 ,350 . Projected revenues for this period are $279, 125 as outlined below. The difference is $27 , 775 in excess revenue which is reserved as a contingency for unexpected expenses or revenue shortfalls . Total Projected Revenues Park Reserve Fund 1981-85 $150,000 Local Donations 1981-85 57 ,000 Revenue Sharing 1982-84 2 ,800 Government Grants Watershed, LAWCON, LCMR 1981-85 54,325 $264,125 • Adopted 12/1/81 l 1 MEf.O TO : John K . Anderson City Administrator FROM : H . R. Spurrier City Engineer RE : Redevelopment of Block 57 DATE : March 30, 1982 Introduction : At your request, the Engineering Department has analyzed additional alterna- tives to facilitate the redevelopment of Block 57, Original Shakopee Plat. Eackaround : Pursuant to your request, the redevelopment of block 57 was first analyzed December 8, 1980. lig that preliminary analysis, the redevelopment was judged not feasible unless a storm sewer serving Block 57 was constructed. The estimated cost of that off-site storm sewer was $104, 100. On April 28, 1981 City Council ordered a Feasibility Report for the Fuller Street Storm Sewer. The report estimated the cost of the storm sewer at $87, 700. and concluded that the project was not feasible because the cost exceeded the benefit. The report concluded by recommending that other funding alternatives be investigated. On October 16, 1981 still another alternative method was proposed for serving Block 57. This alternative served Block 57 through the Holmes Street Storm Sewer by way of a connection at 4th and Holmes Street. This lateral had an estimated cost of $38,780. This cost resulted in a unit cost approxi- mately 34 percent greater than the Fuller Street alternative and lacked flexibility in that it served only Block 57. On December 22, 1981 City Council approved and entered into an agreement with St. Francis Hospital, whereby the City agreed to make storm sewer facilities available by August 31, 1983. Scope This report has investigated the cost of additional alternatives available to the City for providing storm sewer facilities to serve Block 57, as well as other property adjacent to Block 57. John K . Anderson March 30, 1982 / Redevelopment of Block 57 Page -2- This report investigated the cost of two alternative-sized facilities; one designed to accommodate the storm, which has a 20 percent chance of occurring. It is a so-called 5-year design and the second, designed to accommodate the storm which has a 50 percent chance of occurring. It is a so-called 2-year design. • Discussion : The cost of the 5-year design has previously been documented in the Feasibility Report for the Fuller Street Storm Sewer Lateral. That cost is $87, 700. An alternative not discussed in that report, yet considered here, is construction of the lateral main and omitting the inlets until redevelopment of other property north of 4th Avenue occurs. This alternative would postpone the expenditure of approximately 31 percent of the total project cost. The second alternative is to provide facilities that would accommodate a more frequent occurrence; a 2-year design. That design would be at or near capacity during most thunderstorms and any significant precipitation would exceed the capacity of these facilities. The cost of the 2-year design serving Block 57 is $29, 980, a significant reduction. The reason this is so low is that it presumes the installation of all of the facilities required to accommodate the 2-year design storm. Since those facilities are not in place and not proposed, the additional run-off from Block 57 could be shown to be damaging to several downstream properties north of 4th Avenue. The storm sewer which would mitigate potential damage caused by developed run-off is the proposed storm sewer in 5th Avenue between Holmes Street and Apgar. Conclusion : A table below compares all of the alternatives considered thus far, including the Fuller Street Storm Sewer Laterals and the 4th Avenue Lateral. ALTERNATIVES A. Fuller Street Lateral Proposed August 14, 1981 -- 5-Year Design Pro Con 1. Reduces potential downstream 1. Project cost makes this alternative flooding problems; not feasible, 2. Design capacity appropriate for 2. Public does not perceive a drain- Commercial area; age problem exists; John K . Anderson March 30, 1982 Redevelopment of Block 57 Page -3- Pro (cont. ) Con (cont. ) 3. Design capacity conforms to all other new storm sewers in the City , 4. Fewer complaints of flooding are received because capacity is exceeded infrequently; 5. Permits Redevelopment of Btbck 57. B . Fourth Avenue Lateral Proposed October 16, 1981 -- 5-Year Design Pro Con 1 . Reduces potential downstream 1. Project cost is 21 percent higher flooding problems; than "Alternate A" above; 2. Design capacity appropriate for 2. Project is "Not Feasible"; Commercial area; 3. Public does not perceive a drain- 3. Design capacity conforms to all aae problem exists; other new storm sewer in the 4. Extension lacks flexibility. City; 4. Fewer complaints of flooding are received because capacity is exceeded infrequently; 5. Permits Redevelopment of Block 57. C. Fuller Street Lateral Without All Inlets -- 5 Year Design Pro Con 1. Reduces potential downstream 1. Project cost makes this alternative flooding problems; "Not Feasible"; 2. Design capacity appropriate for 2. Public does not perceive a drainage Commercial area; problem exists. 3. Design capacity conforms to all new storm sewers in the City; 4. Fewer complaints of flooding are received because capacity is exceeded infrequently; 5. Permits the Redevelopment of Block 57. D. Fuller Street Lateral -- 2-Year Design Pro Con 1. Project is probably feasible if the 1. Does not by itself reduce the City share is increased. potential downstream flooding problems; 2. Design capacity is not appropriate for Commercial area; John K . Anderson March 30, 1982 Redevelopment of Block 57 Page -4- Pro (cont. ) Con (cont.) 3. More complaints are received because of the public expectation; 4. Public does not perceive a drainage ' problem exists; 5. Block 57 should not be developed unless 5th Avenue Storm Sewer is installed. All of these alternatives have one general problem in that each of the alternatives in one degree or another, require participation by the City in the cost of the storm sewer. Summary : All of the alternatives are not feasible because the amount of the assessment is greater than the amount by which the value of the property to be assessed increases. Designing for a smaller storm had the effect of reducing project cost but left numerous problems unresolved and still lacks feasibility. Alternatives : 1 . Construct the Fuller Street Lateral with a 5--year design and assess up to 50 percent of the project cost but no less than 25 percent of the project cost. 2. Reconsider on-site detention of developed run-off from Block 57, eliminating the need for any laterals. 3. Do nothing. Recommendation : This report recommends Alternative No. 1, constructhg the Fuller Street Lateral with a 5-year design and assess up to 50 percent of the project cost, but no less than 25 percent of the project cost. HRS/jiw Attachments I h^r r;cort;f; t,1:i this pi-:n, f.,• :i%i:.ation,car mrort ;��I ; ,or un cr <<a., i COST ESTIMATES 5-YEAR DESIGN WITHOUT INLETS Item Description Quantity Unit Unit Price Total • 1 18'• RCP . ' 510 L.F. $ 28.00 $ 14, 280.00 2 24" RCP 380 L.F. 32.00 12, 160.00 3 42''' RCP 15 L.F. 75.00 1, 125.00 4 48" Dia. Manhole 1 Ea. 900.00 900.00 5 84h Dia. Manhole 1 Ea. 3, 000.00 3, 000.00 6 L.P. Catch Basin 5 Ea. 900.00 4, 500.00 7 Remove Curb and Gutter 570 L.F. 2.00 1, 140.00 8 B618 Curb and Gutter 570 L.F. 6.00 3, 420.00 9 Bituminous Patches ( 2341) 292 S.Y . 4.25 1, 241.00 10 Sod 2000 S.Y . 2. 00 4, 000. 00 Subtotal $ 45, 766.00 10% Construction Contingency 14, 577.00 • $ 50, 343.00 8% Technical Services 4, 027.00 Subtotal $ 54, 370.00 Subtotal City Share and _ $54,370 Improvement District Share 2 527. 185.00 ' CityShare Improvement District Share Subtotal $27, 185. 00 Subtotal $27, 185. 00 5% Inspection 1,360. 00 17% Improvement District Cost 4, 620. 00 Total $28, 545. 00 Total $31,805. 00 Assessment Computation Benefit Area 303, 750 . q. Ft. Assessment Rate _ $31,805. 00 = $0. 104708/Sq. Ft. 303, 750 Sq. Ft. Cost Summary City Share $28, 545. 00 iIthprcvement D'Istrict Share 31,305. 00 GRAND TOTAL $60,3 50. 00 2-YEAR DESIGN Item Description Quantity Unit Unit Price Total 1 24" RCP 40 L.F. $ 32. 00 $ 1, 280.00 2 27" RCP • 40 L.F. 36.00 1, 440.00 3 42" RCP 95 L.F. 61. 00 5, 795.00 4 84'' Dia. Manhole 1 L.S. 3, 000.00 3, 000.00 5 L.P. Catch basin 5 Ea. 900.00 4, 500.00 6 Remove Curb and Gutter 175 L.F. 2. 00 350.00 7 B618 Curb and Gutter 175 L.F. 6. 00 1, 050.00 8 Bituminous Patches (2341) 164 S.Y. 4.25 697.00 9 Cross Pans 4 Ea. 1, 000.00 4, 000.00 Subtotal $ 22, 122.00 10o Construction Contingency 2, 212.00 Subtotal $ 24, 334.00 11% Technical Services 2, 676.00 Subtotal $ 27, 010.00 9 Subtotal City Share and __ $27, 010 Improvement District Share 2 $13, 505. 00 City Share Improvement District Share Subtotal $13, 505. 00 Subtotal $13, 505. 00 5% Inspection 675. 00 17% Improvement District Cost 2, 295. 00 Total $14, 180. 00 Total $15,800. 00 Assessment Computation Benefit Area 303, 750 Sq. Ft. Assessment Rate = $15,800. 00 303, 750 Sq. Ft. $0. 052016/Sq. Ft. Cost Summary City Share $14, 180.00 Improvement District Share 15,800. 00 GRAND TOTAL $29, 980. 00 g1 ): (f) MLEi:; M LL I ° :::::::.::::.:.: j — 2Lij lelltgi —JLIJ i r-9 :::* 1 0 ..... A :::::<:::: a -. S{ s :: : .... .::.:::...:.:.::. N """ 4 t h 7 111 I MI I got S> i:s /I I , ''' 3rd i:7111] , [ '. ,, .. . _ , I te2 Jo. . . .. 6"........4..z.-......4. i NOii ' '':\4 ,, j ' :i = :---___t 2 n d XN-- , D O (1) i id 7 2-,1 I.,ic REDEVELOPMENT OF BLOCK 57 ASSESSABLE AREA 4 ' I MEMO TO : John Anderson City Administrator FROM : H. R. Spurrier City Engineer RE : Redevelopment of Block 57 Original Shakopee Plat DATE: December 8 , 1980 Pursuant to your request , I attach an estimate of the Redevelopment cost o1' Block 57, Original Shakopee Plat ; the block located between Scott County Courthouse and St . Francis Hospital . Land acquisition costs were estimated by Larry Martin and are detailed in the attached memo. Relocation administration and relocation costs are estimated based on current relocation costs . The values are $5,000. 00 and $15 ,000 . 00 , respectively for actual relocation costs for each of the five dwellings that must be acquired. Parking lot construction is based on 1981 construc- tion costs . The off-site storm sewer is required because paving Block 57, increases runoff and exceeds the capacity of downstream facilities. The storm sewer must be extended from 2nd and Fuller and from 4th and Fuller to 4th and Atwood; that cost is also contained in the attached estimate . The total land acquisition and relocation cost is an estimated $379,500 . 00. This amount does not reflect any cost for property now owned by St . Francis Hospital and Scott County. Parking lot construction will cost an estimated $178, 100 . 00. This amount includes building demolition, grading and paving. The off-site storm sewer necessitated by the amount of coverage made by Block 57 is a part of the Holmes Street laterals and is estimated to cost $104 ,700. 00. This amount does not include any Special Improvement District cost if the project were to be assessed. The project is not feasible without including every element contained in this estimate . The storm sewer is the only element of this estimate not previously discussed with the county or the hospital . HRS/,j iw attachments cc : St . Francis Hospital Scott County I /d III 410 REDEVELOPMENT OF BLOCK 57 ORIGINAL SHAKOPEE PLAT Land Acquisition and Relocation : From December 8, 1980, Larry Martin Memo: Parcel 'No. 427 $ 48 ,000 . 00 428 ',7 , 000. 00 429 < `' , 000 . 00 431 y1 ,000 . 00 432 1,7 , 1,09:p9 Subtotal $279, 500. 00 Relocation Administration $ 25 ,000. 00 Relocation _75�000. 00 Total $379, 500. 00 Parking Lot Construction Description Quantity Unit Cost Total Demolish & Remove House 8 La. $ 8 ,000. 00 $ 64 , 000 . 00 Granular Borrow 6 , 200 C . Y . 2. 25 13, 950. 00 Clearing & Grubbing 1 L .S . 10 ,000 . 00 10,000. 00 Grading 1 L. S. 15 ,000. 00 15,000. 00 Class V Base 2 , 820 Ton 4 . 00 11 280. 00 2341 Wear Coui e 1 , 200 'l'on, 23 . 00 27, ()00 . 00 Curb &'. Gutter 1 ,800 L. P. 4 . 50 • 8 , 100. 00 Subtotal $149, 930 . 00 10% Contingency 14, 990.00 Subtotal $164 , 920 . 00 8% Technical Services 13, 180. 00 TOTAL $178, 100 . 00 1 An -1 ,r)ifAPC ) by-mi n u A Y - L-T 4 1 7p> > 0to 410 III Off-Site Storm Sewer : Description Quantity Unit Price Total Remove Pavement 2 ,600 S .Y . $ 0 . 50 $ 1, 300 . 00 Class IV Base 680 Ton 4 . 50 3,060. 00 2341 Bituminous Patch 290 Ton 38 . 00 11, 020 . 00 42" R.C. , Pipe Sewer 380 L. P. 65 . 00 24 ,700 . 00 24" R.C . Pipe Sewer 760 L.P. 35 . 00 26 , 600. 00 18" R. C. Pipe :;ewer ;70 L. V. 28 . 00 7 , 560. 00 Manhole 14 k,r. 1, 100. 00 4 ,400 . 00 Catch Basin () Ea . 1 , 000 . 00 9, 000 . 00 Subtotal 87 ,640. 00 10% Contingency 8 ,760. 00 Subtotal $ 96, 400. 00 8% Technical Services 7 , 700. 00 TOTAL ]04 , J00. 00 Summary : Land Acquisition and Relocation $379,500. 00 Parking Lot Construction -1vu' 2r:217° Off-Site Storm Sewer 104 , 100. 00 '].'OTAL $.4,-+-7-Trytrin> (2 e6, 3e.o 11 MEMO TO: John Anderson City Administrator FROM: H. R. Spurrier City Engineer RE: Fuller Street Storm Sewer Lateral DATE: August 14, 1981 Introduction: The feasibility report for the Fuller Street Storm Sewer Laterals was ordered by Resolution No. 1829 on April 28, 1981. Background: The City Council of the City of Shakopee has determined that a parking lot be established on Block 57, Original Plat of the City of Shakopee. In order to construct a parking lot on Block 57, additional storm sewer laterals are required in order to accommodate run-off developed on-site. In 1980, a major trunk storm sewer was constructed in order to serve laterals which would drain Block 57 and other property in the vicinity of Block 57. Scope: This report has investigated the cost of extending storm sewer facilities to serve Block 57, as well as other property adjacent to Block 57 along Fuller Street between 2nd Avenue and 4th Avenue. Before the feasibility of the project can be established, certain elements of policy required by the City must be discussed and established so that feasibility may be determined. The storm sewer facilities proposed to serve Block 57 are designed to accommodate the storm which has a 20 percent chance of occurring. It is a so-called "5-year" storm. Discussion: In a memoranda dated December 8, 1980, a preliminary estimate of off- site storm sewer required for the development of Block 57 was prepared. After a detailed study of the storm sewer requirements for Block 57 and adjacent land, a more detailed estimate has been prepared. Fuller Street Storm Sewer August 14, 1981 Laterals - Feasibility Report Page -2- /1 a' The detailed study resulted in an estimated cost $22,800.00 less than the original estimate. The amount $86,200.00 still presents funding problems, in as much as the City is responsible for one-half of that cost, pursuant to present policy, or $40,650.00. The assessed cost is $47,050.00. The area benefitted by.this lateral is along Fuller Street between 5th Avenue and 2nd Avenue and' amounts to approximately 292,500 square feet. The resulting rate is approximately 16 cents per square foot. If Block 57 was assessed for its share of the assessed costs, the assessment would be $14,476.92. The unadjusted assessment rate was computed in order to determine the approximate assessment of Block 57. The rate exceeds the amount by which the appraised value of the property is judged to increase as a result of storm sewer facilities. Conclusions: The storm sewer lateral in Fuller Street is judged to be not feasible because the amount by which the value of the property increases as a result of storm sewer facilities is less than the estimated assessed cost to the property. The City must investigate other funding methods for the construction of the Fuller Street Storm Sewer, Holmes Street Laterals and other drainage projects. The City must investigate other alternatives for developing Block 57. Alternatives: 1. Judge the project not feasible and direct City staff to research potential alternatives for funding storm sewer projects which alternatives could be used for the Fuller Street Storm Sewer, Holmes Street Laterals, Upper Valley Drainage and other storm sewer projects proposed for and in the City of Shakopee. 2. Provide on-site detention for developed runoff in the basin negating any need for the Holmes Street Trunk Storm Sewer. 3. Do nothing. Recommendations: It is the recommendation of City staff that Council approve Alternate No. 1. HRS/jiw Attachment: Cost Estimate & Assessment Computations I h::reby certify that this pian,specification,or report `AT_; rmrroci by ma or ant's r my direct supervi;ion c.c.71 tiat am a duh R si:,tcred Professional Cnc ince nder the Qf ne S a#.9-.of Minnesota. �_ E -/ �--_ Date re 1i 41P istration No. 13689 r pfd APPENDIX Cost Estimate and Assessment Computations Storm Sewer Estimate Item Description Quantity Unit Unit Price Total. 1 18" RCP 730 L.F. $ 28.00 $ 20,440.00 2 24" RCP 380 L.F. 32.00 12,160.00 3 42" RCP 95 L.F. 61.00 5,795.00 4 Standard Manhole 1 Ea. 900.00 900.00 5 84" Diameter Manhole 1 L.S. 3,000.00 3,000.00 6 L.P. Catch Basin 12 Ea. 900.00 10,800.00 7 Remove Curb and Gutter 995 L.F. 2.00 1,990.00 8 Concrete Curb and Gutter 995 L.F. 6.0o 5,970.00 9 Bituminous Patches (2341) 800 S.Y. 4.25 3,400.00 10 Sod 2000 S.Y. 2.00 4,000.00 Subtotal $ 68,455.00 10 Percent Construction Contingency 6,845.00 Subtotal $ 75,300.00 8 Percent Technical Services 6,000.00 Improvement District Cost 6,400.00 TOTAL $ 87,700.00 City Share - One-half $87,700 - 6400- 2 - $40,650.00 Assessed Cost: Construction $37,650.00 8 Percent Technical Services 3,000.00 17 Percent Improvment District Cost 6,400.00 Total Assessed Cost $47,050.00 Total Assessment Cost $47,n5A_nl Unadjusted Assessment Rate = Basin Area 292,500 = $0.16085/Sq. Ft. Block 57: 90,000 ($0.16085) = $14,476.92 /cr co :: 1. :1 Lr 0 Lij i::::::::i3 . - :,*;:i:::.:1 k...) ::::'1.4:7:..,,. J P t —7:1 %...) :iiiiiiiii :i:i:i::::i:i1 LL. CI F. N 4th PI . „ , -10( ....., ........ a) . t----' o II S> .-2.2. 1i.. L. .,, 3rd M in , fr-f-- _ , .,,,,, , . . E • I � ; � � t�711 4... _ �_.-- _ 2nd H I.: P CO W Lki ' I I CI) 7. X `o [T], , N__J fi 0 v f—ill 9 u)cr I ill FULLER ST . LATERAL STORM SEXIER • 4111 CITY OF SHAKOPEE i, 00'tio _: = INCORPORATED 1870 by 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 fl%K11 October 16, 101 Mr. Fry Prenevost County Highway Engineer Scott County Courthouse 428 So. Holmes Shakopee, MN 55379 RE: Storm Sewer Facilities for Block 57 Dear Erv: Pursuant to our discussion, I have analyzed the capacity of the Holmes Street Storm Sewer in order to determine the feasibility of extending a lateral westerly from the Holmes Street Trunk on 4th Avenue to serve Block 57. According to my analysis, there is capacity for approximately 4.76 acres of land with impervious cover that could be served by the Holmes Street Trunk. The cost of construction is much less than the cost of constructing the Fuller Street Storm Sewer approximately $38,780 vs. $87,700 for the Fuller Street Storm Sewer, -but a larger area benefits by the Fulller Street Storm Sewer and, therefore, the unit costs are considerably lower. That fact is of interest to the City because the City would desire to make the most efficient use of its matching funds for storm sewer construction and, therefore, would prefer the Fuller Street alternative for that reason. For purposes of di:,cussion, it can be noted though, that the 4th Avenue Lateral is feasible in a technical sense, in that there is capacity in the Holmes Street Trunk. Should you have any other quest ions regard i_nlr this matter, do not hesitate to contact me. Ver/17q5 truly yours, H. Rer Cityr HRS/j iw cc: Greg Halling, israelson & Sons Thomas Prusak, St. Francis Hospital Enclosure: Estimate 11 11t // 4.7 r l /- l� r �1 r , s �/ (7 I l An Equal Opportunity Employer - ' • 0 I /1d. ESTIMATE Item No. Description Quantity Units Unit Price Total 1 21" RCP Lateral 340 L.F. $ 30.00 $10,200 2 18" RCP. 2atch Basin Leads 188 L.F. 28.00 5,264 3 48" Diameter Manhole 1 Ea. 900.00 900 4 84" Diameter Manhole 1 Ea. 3000.00 3,000 5 L.P. Catch Basin 5 Ea. 900.00 4,500 - 6 Remove Curb & Cutter 115 L.F. 2.00 230 7 Curb & Gutter 115 L.F. 10.00 1,150 8 Patching 1180 S.Y. 4.25 5,015 SUBTOTAL $30,259 10 Percent Construction Contingency 3,026 SUBTOTAL $33,285 8 Percent Technical Services 2,665 SUBTOTAL $35,950 Improvement District Costs 2,830 TOTAL $38,780 // MEMO TO : John K . Anderson City Administrator FROM : H. R. Spurrier City Engineer RE: Holmes Street Laterals for ock 46 and Block 58 DATE: April 2, 1982 Introduction : Pursuant to your request, I have analyzed the feasibility of extending storm sewer service to the above-referenced parcels. Those parcels are St. Mark's Church and School and St. Francis Hospital respectively. Background: During preparation of the Feasibility Report for the extension of storm sewer facilities to Block 57, it became apparent that storm sewer service to the above-referenced parcels was not feasible if the project was undertaken pursuant to Chapter 429. I have attached twoalignment alternatives for the Holmes Street Laterals north of 5th Avenue and west of Holmes Street. Alternate 1, is an alternate proposed to be concurrent with street reconstruction because the laterals are sited in those streets that have the poorest condition. Alternate 2, is the most efficient arrangement of laterals found. This alternate results in the lowest cost to the Central Business District and Multi-family area targeted for redevelopment by the Downtown Committee. None of the alternatives are feasible unless redevelopment becomes a practical alternative. Included in the area covered by Alternate 1 and Alternate 2, are the two above-referenced parcels. Storm sewer service extended to St. Francis Hospital would cost approximately $101,960.00, in accordance with the alignment shown in Alternate 2. In the event Atwood Street and 2nd Avenue would be reconstructed, the total cost could be reduced by 20 percent. At the present time, there are no plans to reconstruct either Atwood Street or 2nd Avenue. Since the extension of storm sewer to either of these properties lacks feasibility, it is recommended that no other action be taken regarding this project unless redevelopment occurs immediately north or east of these parcels. HRS/jiw Attachments --- .. • , ._. _ . .. ALTERN A A E 1 , ivtRs,, ., /.., „ ,ARK ,0,—, ____ i i _ ._._ . _..., ESOT A - mINN _- - _ RIVER _ ____ _ - - , ... ..,..A. MIIIIIIPme"r".1"-__ A.11111 - . = GEE iBLDG. 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JIUbuulill II;NIP 1�! le __ i I1PP Iii 1 ik4 o . 1! 11111 . 11 PI HP) Mit OST MI , I w .ii i.,.. .,4.) :: Tawra _ iiiil ....v. 0i,- ..-...,_,...timm 1 Iii F--- pi. uiia iFj ; .11111 M11 fammulil ST .. 11 11PSARK .° a 1Mb , le c •1 •: 11 g .Iii 15111 ; t., HooLr r; ���� 4t .V -. AVV 111111 b hill 11l! tr:71.' . 1.0..:-.7•.:.::4- . e r } v t 1� r 'a 01 r 1111 '.51 \ r �H _ .. . 5�h 1,, .. _ AVE'. _, I hll N 1111! CEN1RAL \11 liii! 1 to CHURCH* illi ; 11x11 - -; `_ 1 _ _ z� 6;6 SAVE` 1 i 1 J, te \ P11 11111 1 1 e : 1111 .\ 1�. 011 .a1 M11 f),.. 1. _ P� - , , J Lr : : ii,. : J ' jI0 I.,. - 1 : . . � 1. - 1tel 1 I___. . ,:i. 1r ST. -JOHN'S' = jr .c mi S v CHURCH _�A1 LUTH. v 3 . , . , sift. e al 4 game j !"! 0 V ar v - //e MEMO TO : John K . Anderson City Administrator FROM : H . R. Spurrier • City Engineer RE: Levee Drive - Scott Streeto Sommerville Street DATE: April 2, 1982 Introduction : Attached is Resolution No. 1993. Action Requested: Adopt Resolution No. 1993, A Resolution Receiving A Report And Calling A Hearing On Improvement Levee Drive - Scott Street to Atwood Street and Levee Drive - Lewis Street to Sommerville Street. HRS/jiw Attachment I1 RESOLUTION NO, 1993 A Resolution Receiving A Report And Calling A Hearing On Improvement Levee Drive - Scott Street to Atwood Street And Levee Drive - Lewis Street to Sommerville Street WHEREAS, pursuant to Resolution No. 1778, of the City Council adopted January 6, 1981, a report has been prepared by Henry R. Spurrier, City Engineer, with reference to the improvement of Levee Drive between Scott Street and Sommerville Street by roadway and storm sewer and this report was received by the Council on April 6, 1982. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of Levee Drive between Scott Street and Sommerville Street in accordance with the report and assessment of abutting and benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $97, 700. 00. 2. A public hearing shall be held on such proposed improvements on the 4th day of May 1982 at 8:30 P.M. , or thereafter in the Council Chambers of City Hall at 129 East 1st Avenue and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1982-3 Public Improvement 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 ATTEST : City Clerk Approved as to form this day of , 1982. City Attorney FEASIBILITY REPORT IMPROVEMENT OF LEVEE DRIVE From SCOTT STREET TO ATWOOD STREET And LEWIS STREET TO SOMMERVILLE STREET Prepared by : Ray G. Ruuska, Engineering Coordinator I hereby certify that this plan, specification, or report was prepared by ma or under my direct supervision and that I am duly Registered Professional Engi er under the\laws of the State of Minnesota. - Date 3 2 Registration No. 13689 March 1982 TABLE OF CONTENTS Description Page Feasibility Report Introduction 1 Background 1 Scope 1 Discussion 1-2 Alternatives 3-4 Summary and Conclusions 4 Recommendation 4 Appendix Cost Estimates 5-6 Assessment Computations 7 Drawings Proposed Construction Area 8 Levee Drive - Atwood to Scott Streets . . . . 9 Levee Drive - Sommerville to Lewis Streets . . 10 FEASIBILITY REPORT IMPROVEMENT OF LEVEE DRIVE SCOTT STREET TO ATWOOD STREET and LEWIS STREET TO SOMMERVILLE STREET INTRODUCTION The City Council of the City of Shakopee ordered the preparation of a Feasibility Report by Resolution No. 1778 on January 6, 1981. BACKGROUND The segments of Levee Drive included in this report are situated in the Original Shakopee Plat. Levee Drive, from Atwood Street to Lewis Street, was constructed in 1967. The segment between Lewis Street and Sommerville Street was deleted from that project. SCOPE This report has investigated the feasibility of constructing roadway and storm sewer improvements. These elements were analyzed and included herein. Costs of construction are in the Appendix. Roadway and storm sewer construction would conform to the City of Shakopee Design Criteria and Standard Specifications. No extension of facilities were proposed by the Shakopee Public Utility Commission in either segment covered by this report. DISCUSSION Total cost of construction of both segments is estimated at $97, 707.88. A breakdown of this cost is as follows: Atwood Street to Scott Street -- $62, 747. 13, and Lewis Street to Sommerville Street -- $34,960. 75. The reasons for the higher cost of the Atwood Street to Scott Street segment lie in right-of-way acquisition cost and in storm sewer improvement costs. Right-of-way for the Lewis Street to Sommerville Street segment was acquired in 1968. -1- The following table illustrates the effect of these costs: Levee Drive - Atwood Street to Scott Street Item Amount Assessment Rate A. Roadway Cost $27,492. 55 $35.34/F.F. B. Right-of-Way Acquisition 11,835. 00 15.21/F.F. C. Storm Sewer 23,419. 58 30. 10/F.F. Total $62, 747. 13 $80.65/F.F. Levee Drive - Lewis Street to Sommerville Street Item Amount Assessment Rate A. Roadway Cost $30, 765.46 $39. 54/F.F. B. Right-of-Way Acquisition 0. 00 0. 00/F.F. C. Storm Sewer 4, 195. 29 5.39/F.F. Total $34,960. 75 $44.93/F.F. For two years there has been little market activity, making it extremely difficult to appraise property. Nonetheless, a detailed appraisal will be required in order to establish the amount of the assessment. City Council has contemplated using Tax Increment Funds for elements of Levee Drive construction. Some type of assistance is necessary to make this project feasible. The precise amount of assistance will depend on the formal appraisal. -2- ALTERNATIVES A. Build West and East Segments - Pros Cons 1. Traffic on Levee Drive has access 1. Project cost exceeds the benefit; to semaphore controlled intersec- 2. Public does not perceive a need tions East and West for Levee Drive East at this 2. Larger project with more competi- time; tive bids; 3. Semaphore would be desirable 3. Improved access to Levee area; at Sommerville Street. 4. Maintenance of steep hill on Sommerville Street eliminated; 5. Eliminates some of the dumping in the Levee area; 6. Construction would upgrade and improve river front areas. B. Build West Segment - Pros Cons 1. Traffic on Levee Drive has access 1. Project cost exceeds the benefit; to semaphore controlled inter- 2. Smaller project with higher bids; sections East and West; 2. Improves access to westerly Levee area; 3. Some of dumping area in the West Levee area eliminated, 4. Construction would upgrade and improve a segment of river front. C. Building East Segment - Pros Cons 1. Improves access to Levee Drive 1. Project cost exceeds the benefit; area; 2. Public does not perceive a need 2. Maintenance of steep hill on for Levee Drive East at this Sommerville Street eliminated; time; 3. Construction would upgrade and 3. Semaphore would be desirable at improve a segment of river front. Sommerville Street; 4. Smaller project with higher bids. -3- I/ D. Do Nothing - Pros Cons 1 . City would incur no expense. 1. Traffic must use semaphore at Lewis Street or enter First Avenue at an uncontrolled inter- section. SUMMARY AND CONCLUSIONS Alternatives A, B & C are not feasible because the amount of the assess- ment is greater than the amount by which the value of the property to be assessed increases. Using other funding sources, such as Tax Increment Financing or Revenue Sharing to cover the cost that could not be assessed would make this project feasible. Considering the fact that there have been few real estate transactions, proving benefit will be a complex and necessary task that must be undertaken before proceeding with this project. Both segments East and West of Levee Drive are desirable. Both segments are feasible so long as another funding source is utilized to pay the part of the proposed assessment that could not be levied. RECOMMENDATION This report recommends the construction of Alternate A -- Levee Drive between Scott Street and Atwood Street and Levee Drive between Lewis Street and Sommerville Street; such construction is hereby judged feasible as proposed. -4- t/ sem APPENDIX COST ESTIMATES The following are estimated quantities and costs for building Levee Drive between Atwood Street and Scott Street and Lewis Street and Sommerville Street. - Atwood Street to Scott Street 1. Excavation 500 C.Y. @ $ 3.00 = $ 1, 500. 00 2. Class 5 Base 430 Tons @ 6. 50 = 2, 795. 00 3. 24" RCP 363 L.F. @ 27.00 = 9,801. 00 4. 24" RCP 45 Degree Bnds 3 Ea. @ 100. 00 = 300. 00 5. Std. M.H.'s (shallow) 2 Ea. @ 600.00 = 1,200. 00 6. Std. C.B.'s (LP) 3 Ea. @ 1000. 00 = 3, 000.00 7. Rock Excavation 130 C.Y . @ 20. 00 = 2,600.00 8. B-618 Curb & Gutter 960 L.F. @ 10. 00 = 9,600. 00 9. Wear 2341 171 Ton @ 25. 00 = 4, 275. 00 10. Sod 978 S.Y. @ 2.00 = 1,956.00 Total $37,027. 00 10% Construction Contingency 3, 703. 00 Subtotal $40, 730. 00 25% Technical Services 10, 180. 00 Right-of-Way Acquisition 11, 830.00 Total $62, 740. 00 -5- Lewis Street to Sommerville Street 1. Clearing & Grubbing 10 Ea. @ $ 75. 00 = $ 750. 00 2. Excavation 750 C.','. @ 3. 00 = 2, 250. 00 3. 18" RCP 40 L.F. @ 25. 00 = 1,000. 00 4. Std. Catch Basins. (LP) 2 Ea. @ 1000.00 = 2,000. 00 5. Class 5 Base 430 Ton @ 6. 50 = 2, 795. 00 6. B-618 Curb & Gutter 960 L.F. @ 10. 00 = 9,600.00 7. Wear 2341 171 Ton @ 25. 00 = 4,275.00 8. Sod 978 S.Y. @ 2. 00 = 1,956. 00 9. Adjust Manhole 2 Ea. @ 300. 00 = 600. 00 10. Adjust C.B. 2 Ea. @ 100. 00 = 200.00 Total $25,426. 00 10o Construction Contingency 2, 543. 00 Subtotal $27, 969. 00 25% Technical Services 6, 991. 00 Total $34, 960.00 Atwood Street to Scott Street $62,740. 00 Lewis Street to Sommerville Street 34,960. 00 GRAND TOTAL $97,700. 00 -6- //.v ASSESSMENT COMPUTATIONS Atwood Street to Scott Street Total estimated cost = $62,740. 00 Total Front Footage = 778 feet $62, 740. 00 $80. 65/Front Feet 778 F.F. City owned property accounts for approximately 500 feet of the total. This amounts to a City obligation of $40, 325. 00. There are two other property owners in the assessment area : Mrs. Art Pass - 120 feet or $ 9,678. 00 Northern States Lumber - 158 feet or $12, 742. 70 Lewis Street to Sommerville Street Total estimated cost = $34, 960.00 Total Front Footage = 778 feet $34,960. 00 = $44.94/Front Feet 778 F.F. City owned property accounts for approximately 500 feet of the total. This amounts to a City obligation of $22,470. 00. The other property owner in the assessment area is Loren Gross with 278 front feet or $12,493. 32. -7- /l J r t Xl - , J o SCI . ..a g ., � — : —' ,1 } Z N) r i j N) C • -1 -< j i'f%) -• "0 ATWOOD aR A - 1:14 rr 1 1 m N .yn Aw ,= tbe . --I A _ �_ J J - ri. o FUER 33 m Z , . e o, t n 1 v be -< CP o 0n J ' -Ixi 33 HOLMES STREET ) o m -< f--- -.�__— _- - o _ I z / , � m s , _-j L___ t__ t---... . L______.—_- J LEWIS STREET- 1 - —7 ! 0 !V .1 ( 1,: (0 �. `� .. Z Z I _ SOMMERVILLE STR MEMO TO : John K . Anderson City Administrator FROM : H. R. Spurrier City Engineer RE: Upper Valley Drainage Syst m DATE : April 2, 1982 Introduction : City Council has authorized and budgeted for the analysis of the Upper Valley Drainage System in order to determine the historic rate of run-off. A copy of a memoranda dated October 30, 1981 is attached. In that memoranda, aerial photography required for the analysis of the basin was included and specified to be approximately $8, 500. 00. I attach a copy of a proposal from Mark Hurd Aerial Surveys, Inc. for three specific tasks. Skipping Task No. 1, Task No. 2, topographic mapping of 1,920 acres at a cost of $5,810. 00, lump sum, and additional aerial photography for further mapping at a cost of $350.00 for a total cost of $6, 160.00 are tasks anticipated and included in the estimated $8, 500. 00 for aerial photography. Approximately $2, 340. 00 of mapping remains. Task 1 is the preparation of an aerial photography mosaic which would replace the mosaic now on display in Council chambers. Staff has no particular recommendation as to whether the aerial photography mosaic is desirable or is not. The mosaic would have the most recent additions to the City including the Kmart Distribution Center and other industrial additions and the recent subdivisions, including JEJ, Prairie View, Furrie's, Horizon Heights, Montecito Heights, Cretex, Minnesota Valley, Halo, Clifton, Hillside Estates, Century Plaza Square, Wiggins 1st, Ziegler Addition, Macey's 2nd Addition, Weinandt Acres, Link's 2nd, Case 1st, Howe 1st and other additions not mentioned. The aerial photography and mosaic can be produced at a savings because of the other aerial photography and mapping that is being done. Recommended Action : Move to direct appropriate City officials to accept Item 2 and 3 of the proposal dated March 29, 1982 for topographic mapping of 1,920 acres at a cost of $5,810. 00, lump sum and additional aerial photography for future mapping at a cost of $350. 00, lump sum. Direct City staff to accept or reject the proposal for the aerial photography and mosaic at a cost of $1, 750. 00, lump sum. HRS/jiw Attachments MEMO TO : John Anderson City Administrator FROM : H. R. Spurrier City Engineer RE : Upper Valley Drainage Syst DATE : October 30, 1981 Introduction : The City of Shakopee is interested in developing the VIP service area. In order to do so, it is necessary to reserve the proper amount of land for a drainage corridor through Section 5, 6, 7 and 8 in Township 115, Range 22, all within the Mill Pond Basin. Background : The City of Shakopee has previously received an opinion from City Attorney, Julius A. Coller, II , dated June 4, 1981 regarding the obligation of the City in sizing drainage facilities. City Council was given several alternatives; among those alternatives was a Joint Powers Agreement between the City of Shakopee and Jackson and Louisville Townships for the management of storm water in the Mill Pond Basin. The purpose of managing the storm water was to permit the City of Shakopee to construct whatever facilities were necessary for the historic runoff and in the event development in Jackson or Louisville Townships required larger facilities, Jackson and Louisville Townships would contribute funds for oversizing the facilities. Successful management of storm water in the Mill Pond Basin requires a detailed hydraulic and hydrologic analysis of the basin. The hydraulic and hydrologic analysis depend on accurate contour maps of the-study area. There are 8, 780 acres in the Mill Pond Basin to be studied. Approximately half of that area is in Jackson and Louisville Townships where there is little or no accurate mapping. Within the 4,640 acres in Jackson and Louisville Township, an estimated 800 acres will need detailed aerial photography. That photography will cost an estimated $8, 000. 00. There is a need for aerial photography for the City of Shakopee.tn the event design work is ordered and if Council anticipates ordering the design work, the photographs should be taken this fall. Getting the photography is a nominal cost compared to actually plotting the photography. The cost of aerial photography for the City of Shakopee would be approximately $500.00; design photography will be approximately $15,000. 00 and will not be included here. John Anderson October 30, 1981 /l Upper Valley Drainay rr System Page -2- A detailed engineering study could then be prepared. This study would present the basic data collected, the design criteria, the results of the hydraulic and hydrologic analysis which would specify the historic rate of runoff for three events. Two minor occurrence events; one which would have a 50 percent chance of occurrence; one which would have a 20 percent chance of occurrence and one which have a 1 percent chance of occurrence. This is the information which, would pertain to historic conditions that would be required for the Joint Powers Agreement. A detailed breakdown of the estimated manhours required to complete this project, together with the aerial photography required is listed in the table below : Time and Cost Estimate Task Personnel Hours Cost 1. Preliminary Mapping Engineer 10 $ 290 Technician III 10 200 Technician II 30 _ 510 50 $ 1, 000 2. Aerial Photography Mark Hurd $ 8, 500 3. Data Development Engineer 40 $ 1, 160 Technician HI 10 200 Technician I I 150 2, 550 200 $ 3, 910 4. Data Analysis Engineer 100 $ 2, 900 Technician H I 80 1,600 Technician I I 200 3,400 380 $ 7, 900 5. Report Engineer 60 $ 1,740 Secretary 30 330 90 $ 2, 070 TOTAL $23, 380 The work proposed above would be completed on or before March 31, 1982, provided it is possible to get the aerial photography between the time that the corn and other crops are taken out of the field and the first significant snowfall occurs. Recommendations It is the recommendation of City staff that City Council authorize the Engineering Department to perform the necessary analysis of the Upper Valley Drainage System. City staff would bring back an agreement form for any outside technical services John Anderson October 30, 1981 77 Upper Valley Drainage System Page -3- such as the preparation of aerial photography, in the event such work exceeded limits now established by City Council. Action Requested : Authorize City staff to perform a hydraulic and hydrologic analysis of the Upper Valley Drainage System in order to generate the necessary information required for the Louisville Township, Jackson Township Joint Powers Agreement. HRS/jiw .O. MARK HVRD �-_=' AERIAL SURVEYS INC `.% 345 PENNSYLVANIA AVENUE SOUTH •MINNEAPOLIS, MINNESOTA 55426 TELEX:290-474 MARKHURD GOVY •TELEPHONE: (612)545-2583 IN REPLY, REFER TO: E-538 March 29, 1982 City of Shakopee 129 East First Avenue Shakopee, MN 55379 Attention: Bo Spurrier Gentlemen: Reference is made to our recent communications. Accordingly, we are pleased to present our proposal for aerial photographic services of the City of Shakopee. Details of our proposal are described below. AREA It is assumed that the Shakopee area to be photographed and mosaiced is the same as for the previous job. This area is shown on the attached photo print. The area for aerial photography and topographic mapping is shown in red on the attached maps. We estimate that this area contains approximately 1,920 acres, The four areas for aerial photo- graphy to be used for future mapping are outlined in black on the attached map. AERIAL PHOTOGRAPHY We will obtain new aerial photography as soon after notice to proceed is received, as weather and ground conditions permit. This photography will be suitable for preparation of the topo maps, and mosaic described below. Delivery will consist of a set of contact prints. PHOTO MOSIAC Utilizing the photography described above, we will prepare an uncontrolled aerial photographic mosaic at an approximate scale of 1"=400' . The size of the mosaic will be 6' x 10' and will consist of photographic paper enlargements mounted on a cloth backing suitable for framing. The scale of the mosaic will be determined by ratioing from the best available map source. A limited amount of name data will be added for general orient- ation along with a brief title. MAPPING SPECIALISTS SINCE 1922 1) fJARK HURD AERIAL SURVEYS INC City of Shakopee - Marvh 29, 1982 - Page 2 GROUND CONTROL We will provide all ground control necessary for topographic mapping. The horizontal and vertical datums will be the same as for previous mapping in and around the area. TOPOGRAPHIC MAPPING We will provide maps at a scale of 1"=100' showing two-foot contours. In addition to contours, the maps will include spot elevations, roads, trails, buildings, railroads, major fences, drainage courses, shorelines, swamps, bridges, culverts, driveways, public sidewalks, utility poles and trees, to the extent that these features are visible on the photo- graphy. Feature names, benchmarks, grids and grid values will also be shown. We will update areas where previously mapped. Delivery will consist of a reproducible positive on stable base material made directly from our pencil plotted manuscript, with each sheet containing a quarter-section. MAP ACCURACY AND LIABILITY By accepting this proposal, you agree that the work described herein will meet your intended purpose: The use of this map for a purpose other than that which is originally contemplated may render the map unreliable. Except where the ground may be obscured, map accuracy will comply with National Map Accuracy Standards. Briefly, these state that 90% of all well defined features shall be correct within 1/30 inch and 90% of all elevations correct within 1/2 contour interval. If areas are obscured, contours will be dashed to indicate that they are approximate. The accuracy standards should be applied only to the basic scale and contour interval (1"=100' and two-foot C.I.) for which the maps were designed. MARKHURD's liability, in the production or use of these maps, for any inaccuracies that may be found in these maps shall be limited to the correction of such inaccuracies, and shall not exceed the contract value of the maps. No representations or warranties are made other than those stated herein. PERFORMANCE SCHEDULE We will obtain aerial photography in the spring of 1982 as soon as weather and ground conditions permit, and notice to proceed is received. The time required to deliver the materials will depend, to some extent, upon our work load when suitable aerial photography has been obtained, However, we estimate that the aerial photography can be furnished within approxi- mately 10 days after flying. The mosaic can be supplied within approxi- mately 30 days after flying has been completed. The mapping can be delivered within approximately 60 days after flying has been completed. if//ARK HURD AERIAL SURVEYS INC I City of Shakopee - March 29, 1982 - Page 3 PAYMENT Our charge for the services described above will be as follows: 1. Aerial Photography and Mosaic $1,750.00 lump sum 2. Topographic Mapping of 1,920 acres $5,810.00 lump sum 3. Additional Aerial Photography for Future Mapping $ 350.00 lump sum Payment of our invoice will be due within 30 days after delivery and invoicing. We appreciate the opportunity of presenting this proposal and look forward to being of service. Your signature on the enclosed acceptance copy of this proposal will serve as our contract and notice to proceed. If you have any questions, please do not hesitate to contact us. Very truly yours, icfat /;-574.01.41../ Brian D. Lieffers Marketing BDL/LRM/bb Enclosure Proposal accepted fo the City of Shakopee by: Signature Title Date Items accepted . . I I i( t , I ., : I r r •I!'f,� '. t,^ i_. t4. ;r. w I ' • a '+ t':. +y i,,,........_:� *7,7i jrr .Z4 w, t4. X1 > '4�t -.•.';-•,"1- 'NON qp L ,,17411,1;k14 ) 7 t _: W.' ' ' -"', -1 .• ••- -0.....„. .,,,,,,„... __,. .. . . iii 9 -4e-444> j ::t eft - '_Y•:a.... ,.dr r` . ice` 4� �. 11, le , 7,,,,,, . )r• v ,. .l ,1ij . "" . ► .1 �►w� ' "s i� � If>�� v� .alts ��" +�f AC i +_ r.1++_trhnit 'L. -'ci i • iv, c..g. -tai T 111 �•'' - '•I'friffil 1 I - iftli• ...-- to -'fir _ � �� ,� ! .��/ •',,.. � K. ..i's _ i . 1 O ff. sop ti �. % „ ,� i ..j, - '� 1 i "--4.....„ a moi- r.. - e • .� \, II! 1 . _ hI 2'' .• 144 tStv 3t e ,.• • p+a , 4 ?6,1111--.. if ,r1fr‘,.., Atg,.z *ty, " i,, f rTQ a - -F[ ' • . . . it 1( ,. , . / \ . . , ..., yam / ___, .......-- - . • _ _ .% .. .. _ ___ .„. -1-----------------------\------ . . ..... , �1 V ,, 1t �,.]_ I. ' / ,� -..`_'L�?�l IJ�� � �` �__II�. r to I-___._ P ' , JCS-I' [ ; J, , ,_„ . \, 1 a II i r I 1It T, , L�I�' _„ c, , * of --- ` s � --, i—,,,—.—.,—..1.----,, --,,,- _,, I `I -"'" )/// (` [,, T!i is �l . I. E�f Sr.:K_P`_c „Df->. -t° �Idl l � I �• _ 1._v�>I cR 3'�E�_ ��� I I 1 CST{ 44,< Ali) � 1 / /j��\T-%,1,L71•.l. y \ .��• ..".s...--- ur om 1! ...4� � ti� �/1 D Kiu�j I I \ I / I _ t 1 4 s-7- ---- - il . ./"./ ,T , I . . [ . . . . 1 ,__ 06 1`2 1111 • 1 j I 1 1 L _] C .._._ __. _. t _ as , .. 0.. C. if rt „,,,i, , _____ Mil Ilk. -,Ine ---w...fq-,---\., _____ ____ ____.. _ 1 1 _ -._1,‘ . -- 19 _--- I -- 20 err--- -. Edi 'iNRS-s S1»-' 4 TINDER '--- tl I s \ TRAMS _ __.___ ADD'RIipp./..„,,._„ if-4, / _ , J \ ; , I • . . . .!------- . r / r 1 / .JbwO-(OAp nE. r0'� /I's • i' L.11.1 1 .-77.. ' ' 1 --; f— i �! 1 I •1-� - _- II trini ' 11 I 7 - , ,....:.-•:-'' .,---\\ , ,• , . . . . „___:„... ......, , . ....., , I„Ill .. ,___, ,,,,‘,„. , I �� a b.c.l �l vv I i 1 //j_ 3:.)- St. Francis Hospital - 325 WEST FIFTH AVENUE•SHAKOPEE,MINNESOTA 55379•(612)445-2322 March 23, 1982 Mr. John Anderson City Administrator 129 East First Avenue Shakopee, MN 55379 Dear Mr. Anderson, Enclosed are the proposed Scott/Francis Ambulance Service Agreement for the years 1982 through 1985, a financial analysis of the St. Francis ALS Ambulance operation, monthly statistical information for runs in the City of Shakopee, and a copy of the spread sheet of information on ambulance services in the seven 'county metropolitan area. Please note that the only changes in the proposed Agreement from the one currently in force are: 1 . Under Item A.2. wording addressing the implementation phase of the St. Francis Hospital Advanced Life Support operation has been deleted. The second to the last sentence in this section is also amended to reflect current operating procedure. 2. Under Item A.5. it is suggested that the community statistics be provided on a quarterly basis rather than the current monthly basis. 3. Item A. 10. is an addition in total . 4. Section B is new in total . As I indicated to you on the phone, someone from St. Francis Hospital will be present at the Shakopee City Council meeting on April 6, 1982 at which time you indicated this proposal would be presented. We look forward to serving you with quality ambulance service for the next three years and desire to continue a positive relationship for years to come. Sincerely, Siste Agnes ir Ottyg Dorolyn Sohner Executive Director Director of Nursing Services SAO/DS/hme SPONSORED BY THE FRANCISCAN SISTERS OF ST. PAUL, MN /I I SCOTT/FRANCIS AMBULANCE SERVICE AGREEMENT WHEREAS, the Cities of Savage and Shakopee and the Townships of Sand Creek, Louisville and Jackson, Scott County, Minnesota (hereinafter referred to as Scott/Francis) are authorized under Minnesota Statutes, Section 471 .476 to provide ambulance service by contracting with any person, firm or other political sub- division upon such terms and conditions as may be agreed upon, and, WHEREAS, Minnesota Statutes, Section 471 .59, permits two or more governmental • units to jointly or cooperatively exercise any power common to the governmental units (such as providing ambulance service as above described) , and, WHEREAS, St. Francis Hospital has submitted a proposal dated March 5, 1982, for which ambulance service would be provided for three years beginning July 1 , 1982 and ending June 30, 1985, for a per capita per annum charge as shown in Section B. WHEREAS, The Scott/Francis communities desire to jointly assure that adequate ambulance service is available and recognize that a public subsidy is necessary for the purpose of receiving adequate ambulance service, NOW THEREFORE, in consideration of the mutual promises and agreements of the parties hereto, said parties hereby agree as follows: A. St. Francis Hospital (hereinafter referred to as St. Francis) agrees as follows: 1 . That it will operate an ambulance service in a professional and businesslike manner during the term of this Agreement including, but not limited to, it's other commitments herein contained. I 2. That it will , at all times, provide and have available within the jurisdic- tions of the participating communities two (2) properly equipped ambulances meeting all current state licensing requirements. One (1 ) of said ambulances (primary) shall be continuously staffed twenty-four hours per day with two (2) qualified paramedics. St. Francis will attempt to staff the other said ambu- lance (backup) , when needed, with qualified paramedics and/or EMT's. If staffing personnel is not available for backup ambulance, Scott County dispatch will be notified to call a BLS ambulance when necessary utilizing existing mutual aid agreements. This shall not be construed as an obligation of St. Francis to have, at all times, two (2) ambulances in said area if one or both leave said area for the purpose of transporting, to a medical facility a patient load that originated within said area. 3. That it will , notwithstanding any other provision of this Agreement, provide ambulance service in such a manner that the response time in the City of Shakopee and Jackson and Louisville Townships shall be a maximum of ten (10) minutes ninety percent (90%) of the time and to the City of Savage and Sand Creek Township shall be a maximum of fifteen (15) minutes ninety percent (90%) of the time. 4. That the rate schedule described in Section B shall remain in full force and effect for the term of this Agreement. 5. That it will furnish on a Quarterly basis, a report to Scott/Francis Communi- ties, itemizing, on a community by community basis, data related to all responses including, but not limited to, date, nature, point of origin, destination and response time. 6. That it will furnish annually to each Scott/Francis community, financial information, itemized in reasonable detail , on its ambulance operations. lJ Additionally, it agrees to permit, at reasonable times, the Chief Adminis- trative official of each Scott/Francis community or their designated representative, to review and/or audit its financial records. 7. That it will hold ,harmless each Scott/Francis community from any and all claims or legal action resulting from operation of the ambulance service. St. Francis shall file with Scott/Francis, upon execution of this Agreement, a certificate of insurance naming each Scott/Francis participant as an additional insured under St. Francis ' insurance policy in the following minimum amount: General Liability - $ 300,000 Single Limit and $ 100,000 " Property Damage, Auto Liability - $ 250,000/500,000 and $ 100,000 Property Damage. 8. That it will coordinate basic first responder education and provide on-going education for the Shakopee and Savage Police Departments, and the Scott County Sheriffs Department. This is not to be construed that St. Francis shall be responsible for the training and/or skill levels of these first responder units. 9. That its Ambulance Service, upon a patient request, will take the patient to the facility of his choice within a forty (40) mile radius, unless it is in the best interest of the patient to take him elsewhere as determined by the ambulance personnel or monitoring physician. 10. That it will call a meeting of representatives of the Scott/Francis Communities and St. Francis Hospital at such times that it feels changes in its Ambulance Program are necessary, such as additional staffing, additional services, purchase of additional major equipment, etc . If the outcome of said meeting indicates lack of support for the change by the Scott/Francis Communities, it is under- stood that St. Francis Hospital would bear the total expense of the proposed // � change should it be implemented. B. Scott/Francis Communities agrees as follows: 1 . To pay St. Francis, upon receipt of invoice, once every three (3) months during the term of this Agreement the following amounts from each Scott/ Francis entity for ambulance services described herein beginning 7/1/82 through 6/30/85. a. The amount shall be determined by using each jurisdictions current popu lations as established by the Metropolitan Council on April 1 , 1982, multiplied by $ 1 .67 per capita per annum for the year July 1 , 1982 through June 30, 1983. b. For the following year, July 1 , 1983 through June 30, 1984, the amount shall be determined by using each jurisdictions current populations as established by the Metropolitan Council on April 1 , 1983, multiplied by $ 1 .83 per capita per annum. c. For the following year, July 1 , 1984 through June 30, 1985, the amount shall be determined by using each jurisdiction's current population as established by the Metropolitan Council on April 1 , 1984, multiplied by a per capita per annum amount, as determined by the following procedure: 1 ) St. Francis Hospital shall prepare a projected operating statement for the ambulance service for the hospital fiscal year 10/1/84-9/30/85. Components of this statement are described below. 2) Gross Revenues shall be based on the projected activity level for said fiscal year and shall approximate 60% of the Gross Direct Expenses. 3) Gross Revenues shall be reduced by actual bad debts on ambulance service revenues and third party payor discounts to arrive at Net Revenues. 4) Gross Direct Expenses shall reflect expenses directly related to the operation of the ambulance service, such as salaries, employee benefits depreciation, supplies, repairs & maintenance etc. /1 A 5) Gross Direct Expenses shall be reduced by the salary costs for time worked in other areas of the hospital by the ambulance personnel to arrive at Net Direct Expenses. 6) Indirect Expenses for the ambulance service shall not be taken into account. 7) The Net Direct Expenses shall be subtracted from the Net Revenues to arrive at the Operating Profit or (Loss) of the ambulance service. 8) If there is an Operating Profit there shall be no per capita charge to the Scott/Francis Communities. If there is an Operating Loss, the Scott/Francis Communities and St. Francis Hospital shall share equally in covering this loss. 9) The per capita per annum amount shall be determined by dividing the Scott/Francis Communities share of the Loss by the total population of the Scott/Francis Communities as established by the Metropolitan Council on April 1 , 1984. C. Agreement Term: 1 . This Agreement shall become effective upon the approval and execution of the Agreement by St. Francis and all five (5) communities within Scott/Francis. 2. This Agreement shall be effective July 1 , 1982 and shall terminate June 30, 1985. D. Cancellation: Either Scott/Francis or St. Francis have the right to terminate this Agreement, with cause, by providing the other party with ninety (90) days written notice by Certified Mail . E. Equal Opportunity Employer: St. Francis recognizes that the Scott/Francis are equal opportunity employers and hereby agrees .to adhere to a policy of non-discrimination and Equal Employment Opportunity. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Approved this day of. 1982. St. Francis Hospital by and Sister Agnes Otting, Executive Director Sister Johanna Metzen, Secretary Date of Council Approved by Scott/Francis Communities as follows: Approval Shakopee by and on Mayor Administrator Savage by and on Mayor Administrator Sand Creek by and on Chairman Clerk Louisville by and on Chairman Clerk Jackson by and on Chairman Clerk a AoRtys/s0FALS /A4eut41,3clr - OPE 12417140^)-5— --- _FM FscAc .1&A-ks fivi/N6 9/3oIso '+F 9/aa/8/ -(4cri•�Rc) - . .. yE _ s--1_ ! -tea_ , — _ _ Fb Fly Fly FI ---- -- ---------- ------ -- - - -- -. . q 30-go 9-30$1 9-30 -Tr r 9'3o b'3 IL___ ____ - n �_-_„ (AcruAO ��crarQG) (/1,itcTLD ...CPA-iJe,cTI-D1 11T/+TI ST/cS 'i : . 2 1 4 ! „ ; I I , i . • o £ - PEoDccc/N6 44 . , . . 7 I ; 7/' .7, 4" I . ' 7147 3 _ E ENu NS I E 4 is li lif . 1 ,, ! ! : � ,,, , j 5 1 / 4i2 ( Pte- u,0 I3 - I ' JSP.`� ! ! /719- /93.•. 6 - 1I 1 l W8 • F'EUFNa y•, . C�QoSS vEN � ; . ,_ 9,7.$99 / sooc Iomoo. • 10 LESS: Accow. 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' o z N. c� vW 4 t m 1 ` ,3i R ti , • M (71 `' ly0-i �I j7 cs 4° 3 •• (-Nil v �/ rN �- �` Vts- 2.1%r: A _ ✓ O o " N -� N "i— co - n -D- M `9 to Y 1 N J - 7 Y "N �� e _ o — o ^ v r Q ' -,e3-' 3* _ . r M r9 •a' r w o a— o U yyy — CS> M1 ( o M No c��l\ lc`‘ C) W >1 .a �- W11rr >yF11I p 7 L. 4-1 01ro h L. u ei >, E C>• Q Z ui I .oG F..3 .3t .1 •/n w o 0 ...1 E,xU U µ3 ra Eti 4 N d u .. L a. 7 u ro_ u c n r. C. a. c ., W a 4.1 1.tic. Z -) n c Wd , Wt.t.., CL iH 2 0zo r < s • . n . E-. .x W V/ fil L4 :44 4J __. H ( g.. O) �, • • - .� (N 1 „, , Nv , _ ,..... .. . .. ,,:, v, v) 0.1 Ce 1.J 14 Ems. °o U1 III ` �J CEl C) III O n 3 uv 1 1 V) ti O I ' j 7 I n._ . 010 4. r O u 7 oSoG J 1 11111 ) iU (j) MEE Mu- \-- IN—5 I u j o u a 7 _ ..1S —. — cP ori I . 4i. T TTT1TJ U J a C MEMO TO: Mayor and City Council Il FROM: John K. Anderson, City Administrator l 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 Sharkey Appraisal Service F l /l'- Ed. Sharkey i�z .' ION OF I\Utllti\1111 1.4. 1°ft‘1,4 IIIsINC 314 East Main Street Office: 612.758.4457 New Prague, Minnesota Metro: 612.445.5499 RECEIVED 56071 Home: 612.492.2866 i�„ • MAR 1 1982 March 1 , 1982 CITY OF SHAKOPEE John Anderson City Administrator 129 East First Avenue Shakopee, MN 55379 • Dear John: I am writing in regard to the Shakopee City Council meeting which is being held March 2nd. Part of the agenda of this meeting is for a discussion of the future of the sewer charges at Murphy' s Landing. When we talked a week ago, I told you some representatives from Murphy' s Landing including myself would attend. I now find I have a conflict. The annual New Prague Rotary Farmer's Night is that same evening and I have to be there. I am planning on starting a woodworking course in our well equipt woodworking shop on the site . I would like to give a pitch at the Rotary meeting for volunteers to take part in this course and eventually help repair and restore the rooms full of damaged old furniture at the site. One of my main objectives as manager will be to get much more involve- ment in the site, especially from the people of the Shakopee area. The following ads will appear in the Shakopee paper: 1 ) Are you thinking of retiring or are retired? We will be starting a woodworking class at Murphy' s Landing soon. You can learn how to restore and repair old furniture or make some- thing for yourself! Call 445-6900. 2) WANTED: We need families to adopt an old house at Murphy' s Landing. We have several who need T.L.C. and someone to tell their story to visitors. Call 445-6900. 11 John Anderson • '`' ;; � % ' �'' ` Page " ' • March 1 , 1982 6- I contacted some of the other board members about attentftng _ } your meeting and this is the situation. John Lynch, Les Malkerson and Nancy Christensen are all on vacation . The only one who might be able to attend will be Ron Weiler. In regard to the proposed sewer charge it would certainly help if the city of Shakopee could give us a years moratorium. This year will be very critical in regard to our financial survival . We received a generous grant of $33,000 from Scott County which will be a great help but our budget requirements of course are much greater. I apologize for our boards absence at your meeting but this time of the year seems to be difficult to get people together. If you wish to schedule us again towards the end of March, most of our people are supposed to be back . Thank you for your consideration. Sincerely,. Ed Sharkey, Manager Murphy' s Landing ES / mm M ICURPEY'S LANDING a Minnesota Valley Restoration of 1840-1890 Box 275 Shakopee,Minnesota, 55379 o1/11"4:.- CITY OF SHAKOPEE o � f~� 129 East First Avenue, Shakopee, Minnesota 55379 / STI , G • MEMO TO: Mayor and City Council FROM: LeRoy Houser/Bldg. Official SUBJECT: Fire Hall Roof Bids DATE: March 30, 1982 Introduction As required by law, the bid process for the fire hall roof job has been completed. Background Listed below are the results of the bid letting from low to high: 1. Industrial Restoration Co. $15,845.00 Alternate - Carboline $24,310.00 2. Industrial Roof Maint. $24,450.00 Alternate - Carboline $31,625.00 3. Insul Spray Coatings $24,900.00 No Alternate 4. Feltmann Drywall $25,440.00 No Alternate All bids are with a seven year full warranty. All bids conform to specs. I am still of the opinion the carboline roof is far superior to the polymate roof system. The carboline roof as bid by Industrial Restoration is still lower then the other bidders bidding the polymate application as specified. The carboline bid is $7,690.00 lower then first projected. The carboline application has a ten year full warranty. Alternative 1. Use the polymate application on the fire station. 2. Rebid the roof repair project on the fire station. Recommendation I recommend the carboline application as bid on alternate by Industrial Restoration for the sum of $24,310.00. Recommended Action Direct staff to draft and enter into a contract with Industrial Restoration for the carboline roof system at the tire station at a cost of $24,310.00. LH:cu / 1Y— MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Request for Release of an Agreement Between City of Shakopee and CC&F Enterprises DATE: April ' 1 , 1982 Introduction The City has received a letter from John Manahan requesting the release of an agreement made in October of 1977 at the time of plat approval of Furrie 1st Addition. Background The Village Homes Association, Inc . has released the obligations contained in the agreement. CC&F Enterprises has submitted a letter placing in escrow the sum of $7 ,500 .00 to be held by the City until completion of the drainage project . The check received equals 125% of the City Engineer ' s estimate on the cost of the project . The letter authorizes the City to utilize the $7 ,500 to do the project , if CC&F Enterprises does not complete the project by August 1 , 1982 . The drainage project is scheduled to be done in conjunction with the construction of the Valley Health Properties Professional Building. Alternatives 1 . Release the agreement with CC&F Enterprises dated October 17 , 1977 . 2 . Deny request and do not release agreement until work is com- pleted and approved. Recommendation Staff recommends release of the agreement in light of receipt of a letter of intent to complete the project and the $7 ,500 .00 escrow amount . Recommended Action Authorize proper City officials to execute a termination agreement which releases the agreement between CC&F Enterprises and the City of Shakopee dated October 17 , 1977 . JSC/jms ) I '?/ 1221 EAST FOURTH AVENUE JOHN M. MANAHAN P.O. BOX 282 az Yam, SHAKOPEE, MINNESOTA 55379 TELEPHONE (612)445-7470 • RECEVF. March 2 , 1982 1082 MAR 3 - Mr. John Anderson CITY Or Siiks‘ 3 City Administrator 4 City of shakopee City Hall 129 E. 1st Avenue Shakopee, MN 55379 RE: Release of an Agreement Dear Mr . Anderson: Enclosed herein for your reference please find a copy of an agreement entered into between C C & F Enterprises and the City of Shakopee, October 17 , 1977 (although said Agreement was never actually executed by the City of Shakopee) . The reference is particularly made to Para- graphs 1 , 2 , 3 , 4 , and 5 . At this point in time , the developer has already placed on the property an earthen berm in accordance with Paragraph 1 . I have been ad- vised that the Shakopee Townhouse Association (see Paragraph 5) no longer desires that a fence be erected on the berm; however , they are agreeable continuing the maintenance of the East side of the berm. As you may know, the developer is now in the process of developing the subject property and, of course, it would be convenient if the property could be released from the requirements of the attached agreement. As I under- stand it, the only reason the City entered into this Agreement was because of concerns expressed by the Shakopee Townhouse Association in separating their resi- dential property from the commercially zoned subject property. Therefore, I am asking what type of documentation you would require in order for the City to release the property from this Agreement. I might add parenthetically that I believe the term of Paragraphs 6 , 7 and 8 have al- ready been satisfied by the developer ; however, you might l(t -2- check with your Engineering Department to make sure of that. It would be my suggestion that we obtain a release from the 'Shakopee Townhouse Association releasing both the City and the developer from any further obligations pursuant to this Agreement and authorizing the City to release the property from the terms of the Agreement insofar as it relates to at least Paragraphs 1 through 5 . Upon re- ceipt of such a release , then the City would be in a position to simply execute a simple release for the entire agreement (assuming that Paragraphs 6 through 8 have been satisfied) . In the event that such a release by the City would require action by the Council, I would also request that the matter be placed on the agenda for the meeting scheduled for March 16 , 1982 , and I will arrange to have the necessary documentation provided to you prior to that time. By the way the subject property has since been plated and is now known as "Furrie ' s First Addition" . Perhaps you could let me know your thoughts on this matter. Thank you for your cooperation. Yours very truly,, John M. Manahan Attorney at Law JMM:mlt File #1289-1 Enc. cc: Mr . Rod Krass Mr. Al Furrie eft• ACREEMEKI This Agreement is entered into by and between C C 6 F ENTERPRISES. a Partnership organized under the laws of the State of Minnesota, hereinafter referred to as Developer, and the CITY OF SHAKOPEE. a Municipal Corporation located within the County of Scott, State of Minnesota, hereinafter referred to as City. WHEREAS. it is the intent and desire of the Developer to develop certain property located in the City of Shakopee, the legal description of which is marked Appendix A, attached hereto and made a part hereof by reference; and WHEREAS, to facilitate such development the City has rezoned said property and accepted a preliminary and final plat of said property; and WHEREAS, it is the desire of both the Developer and the City to protect the property interests of properties located immediately contiguc.:: to and easterly of the Developers property; NOW THEREFORE, in consideration of said rezoning, said acceptance of the Developer's plat, and other and further assistance rendered by the City to the Developer. the Developer hereby agrees with the City as follows: 1. That the Developer will cause an earthen berm to be placed lalong the easterly line of said property. 2. That the Developer, or its succeFs .theirs or assigns will 4 a le.V cause to be built upon said earthen berm a fence six 6') feet in height of vertical design and good quality, which fence shall be uniform in design, construction and color, from one end of the berm to the other. 3. That said fence shall be constructed at the time of the develop- ment of any lot which extends to the eastern border of the Developer's property. The responsibility for the construction of said fence shall rest with whichever party owns a particular lot at the time of development. y 4. If the owner of any lot which extends to the eastern border of lAmG the Developer's property as described on Appendix A comments development cple i,'Q,r�_ without constructing or causing to be constructed a fence in accordance with IS, *4 0 °6 4a ATG - . . EXHIBIT!_,_ PgGOF omismo PAGES o_. -66 • s • A. fin' 4� F 4 this Agreement, the City is hereby authorizeo to construct such a fence and is hereby authorized access to the property described on Appendix A in order to do so. The cost of said fence. plus 154 administrative costs, shall become 4 lien against the property affected and the City is authorized to foreclose against the affected property to collect said lien and said administrative costs and further to collect any and all reasonable attorney's fees and costs necessitated by such foreclosure. 5. The Developer's obligations under Paragraphs 1, 2, 3 and 4 he.eof are contingent upon the Shakopee Townhouse Association, that association controlling the common grounds and the property adjacent to and easterly of this property, whereby the Townhouse Association will accept the responsibility for the maintenance of the earthen berm as set forth in Paragraph 1, until such time as the fence as set forth in Paragraph 2 is constructed. At that time, the association shall be responsible for the maintenance of the east side of feaca-and-o` the berm and property easterly of thy: fence. Should said associa- tion refuse or fail to enter into such an Agreement, the Developer will be released from the obligations as set forth in ?a,agraphs I, 2, 3, and 4 and shall be required only ;.o meet the minimum requirements of the hak pee Zoning,,"7" Ordinance as it 'es tc this property as of the date of this-Agreement.' 6. The Developer agrees to place along or near the northerly line of said property a storm sewer drainage pine as per the drainage plan which has been submitted to and approved by the City, and to place said pipe in the ground on or before J. ly 31, 1978. If the Ceveloper fails to do so, the City may install said pipe and the Developer hereby gives the City any and all easements necessary for the City to install said pipe. The cost of said installation, plus 154 administrative costs, shall become a lien against the property affected and the City is aut;-)rized to foreclose against the affected property and to collect said lien and administrative costs and further to collect any and all reasoe..ole attorneys fees and costs necessitated by said foreclosure. 7. The Developer will attempt tc obtain any necessary right-of-way easements for said pipe as it goes across the property, with the specific : understanding Jet', the Developer will pay any costs of obtaining said easement. ft %. • e -2- • J 4t, . EXHIBIT__,._ PAGF OFpAGES 11 ,'9tr, I% ,, ,,,_.r, T, !i ,. '' ' If the Developer is unable to negotiate said right-of-way easement at a cost agreeable to the Developer, the City agrees to proceed to secure said easement right by condemnation and the Developer will pay all costs of any nature incur- red by the City to secure said easement by condemnation, and all said costs will become a lien against the property affected and way be collected in accordance with the lien provisions of Paragraphs 4 and 6. 8. As an alternative to the placement of the storm sewer pipe going -' $ JlT4 tihpnywMl. in an easterly direction pursuant to Paragraphs 6 and 7. the Developer. at its c / • option. may elect to extend a storm sewer pipe in a westerly direction at or J' near the northerly line of said property to connect up with the storm sewer presently located in Courty Road 17. Provided, however, that the Developer must extend said drainage pipe in one of the two manners set forth above on or before July 31. 1978. or the City may elect to proceed under Paragraph 6 above. 9. This Agreement shall bind the heirs. successors and assigns of the • i Developer and all such heirs, successors and assigns shall be required to meet the term and conditions of this Agreement. Dated this alb' C-y of (p',747!..)1 ) , 1977. C C & F ENTERPRISES 44 494 ' '4 : tJ •y: 4t., '`Z,4 FX9 partner _"tea * i EXHIBIT. /1 _PAGE 3 OF. 4 PAGES . • ti ,, (4^I ..51, I I 4 : p=f . 4410 Shy C 14 APPENDIX A That part of the West 2/3 of the Southwest 1/4 of thr Northeast 1/4 of Section 6, Township 115, Range 22, lying southerly of the southerly right of way line of the Chicago, St. Paul , Minneapolis and Omaha , Railroad, and lying easterly of the following described line: Commencing at the Southwest corner of said Southwest 1/4 of tie Northeast 1/4; thence easterly along the south line of said Southwest 1 1,/4 of the Northeast 1/4, a distance of 622.00 feet to the point of beginning of the line to be described; thence north at a right angle, a distance of 50.00 feet; thence northerly along a tangent curve 1 concave to the west, having a radius 702.23 feet, a central angle ' of 25 degrees 31 minutes 30 seconds, a distance of 312.84 feet; thence northwesterly tangent to the last described curve, a distance of 235.65 feet; thence northerly along a tangent curve concave to the east, having a radius of 1077.38 feet, a central angle of 15 1 degrees 17 minutes 30 seconds, a distance of 287.54 feet; thence northerly tangent to the last described curve, a distance of 10.00 feet to Lhe southerly right of way line of the Chicago, St. Paul, Minneapolis, and Omaha Railroad, and said line there terminating. i Part of an agreement between C C & F Enterprises, a Partnership and' : '=- , .. the City of. Shakopee executed October 17, 1977. r { a � y f I..ar C .aka. i .... r y - ,t ' f 'i row do or ow tom- ^ ri, ,p ;? ..; ��� tf s �''�.. • • 4 i� ,. h� as TC. 4fJ, `Y�'1 EI., ....7.0,2. •it, `I� .. .jam f'�t;•• �r l � ".t „7,7.-- �A ,�' A .i t�♦ �7/ ,y��� �•/or L • 1�,•-. .. is Fa , " �r4; w. ._ •'+•'C 'S �1y,�'� l ;'e •^.�,.'. , .' �..P � / .• A••••., q.. ,+ , A..� .`,,,..,;•,..,..,,,_.• . I• '"L 1... y! i+.— ~1 y • •kihks- . �. h c s �i k� +, off, ,r,, y, A c t• i ^4r •w ,• 4 .r .e.r',J.'fri..-X,. ♦.�.' �. ♦. ..ti b T r, V./... c1•__ c. • TA PAGE.='—OF PAGES EXHIBIT____..� TERMINATION AGREEMENT Agreement dated this 30th day of March, 1982 between C C & F Enterprises , a Minnesota general partnership ("CC&F") , and the City of Shakopee, a municipal corporation, Scott County, Minnesota, ("City" ) . WHEREAS , the parties hereto are also parties to that certain Agreement dated October 15 , 1977, and filed for record October 19 , 1977 , as Document No. 158687 ; and WHEREAS , Shakopee Village Homes Association, Inc. , (a/k/a Shakopee Townhouse Association) has executed a "Release" , releasing both parties hereto from any further obligation relative said Agreement; and WHEREAS, C C & F has by letter agreement with the City agreed to satisfy its obligations relative to a certain drainage plan referred to in said Agreement; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the parties hereto agree as follows : I . That the parties hereto do hereby terminate that certain Agreement dated October 15 , 1977 , and filed for record on October 19 , 1977 , as Document No. 158687 , and neither party shall have any further liability thereunder . In witness whereof , the parties hereto have set their hands and the seal of the City on the day and year first above written. I (� RELEASE Shakopee Village Homes Association, Inc. , a Minnesota corporation, does hereby release the City of Shakopee and C . C. & F. Enterprises from any and all obligations under- taken by them pursuant to that certain Agreement dated October 15 , 1977 and filed for record on October 19 , 1977 , as Document No. 158687 Shakopee Village Homes Association,Inc. BY: Its Rresident ACKNOWLEDGEMENT STATE OF MINNESOTA SS COUNTY OF SCOTT The foregoing instrument was acknowledged before me this 29th day of March, 1982 , by Gary R. Kahnke, President of Shakopee Village Homes Association, Inc. a Minnesota corporation, on behalf of the corporation . / /4 JOHN M.MANAHAN THIS INSTRUMENT WAS DRAFTED BY �}'' ' Natant me Public-Minnesota wb8G1a ft My Comm.Exp.MM.10.1988 John M. Manahan , Attorney at Law 1221 East Fourth Avenue Shakopee, Minnesota 55379 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Mayors and Administrators Report on County Wide Concerns DATE: April . l , 1982 Introduction The Mayor and I have been meeting with the other mayors and admin- istrators in Scott County to prepare a list of "concerns" to be presented to the County Board. That report is attached. Purpose The purpose of the report to the Scott County Board from the cities of the County is to provide , in a unified manner, a list of concerns we all share. The cities listed on the second page of the report will all be acting on the report with the goal of presenting the report at the April 20, 1982 County Board Meeting. The concerns should be reviewed carefully and Councilmembers should indicate at the meeting if, for any reason, you cannot wholeheartedly support the concerns as presented. Alternatives 1 . Approve all of the report . 2 . Disapprove the report . 3 . Approve an amended report . Recommendation The Mayor and I recommend Council approval of the report . The cities involved have exhibited excellent cooperation in the preparation of the report , and the mayors and administrators all feel that this is perhaps the best time to present our concerns because of the atten- tion being focused on the cost of public services , taxes , etc. Action Requested Approve the "Report of Scott County Mayor ' s Committee on County Wide Concerns" dated March 31 , 1982 , and direct the Mayor to present the report to the Scott County Board. JKA/jms 11 � March 31 , 1982 Scott County Board Honorable Board Members Scott County Court House Shakopee, MN 55379 In January of 1982, the Mayors and Administrators of the Cities of Belle Plaine, Jordan, New Prague, Prior Lake, Savage and Shakopee met to discuss issues of mutual concerns. The meeting was called for a number of reasons, some of which were: - Concern over the inequity of the tax dollar distribution - Duplication of effort - The current financial condition - Concern over the total cost of local government in Scott County - Recognition of the fact that Scott County is in a transition from a rural to an urban county - Concern over the State Aid Formula to local Government At that meeting it was decided that these concerns should be pursued and that the County Board Chairman and Administrator should be invited to attend future meetings. At this time, the Committee members feel it is appropriate to inform the entire County Board of the Committee's preliminary findings and invite you along with the Township Board Chairmen to participate in future meetings. It is our hope that thru a cooperative effort we can address and resolve these concerns, thusly reducing the total cost of local government, and more equitably spread the cost of services received. Also, it is the recommendation of the Committee that the County Board, by resolution, petition the District Court to establish a "County Government Study Commission". This action is requested, in part, because of; the necessity for increased government efficiency, the changing role of County Government, the need for more accountability of the departmentswithin the County to the public, the recognition that Scott County is changing from a rural to an urban County. Your cooperation, and input into these concerns is appreciated. Sincerely, Eldon Reinke, Chairman Scott County Mayors/Administrator Committee jkm PRELIMINARY REPORT OF , • SCOTT COUNTY MAYORS COMMITTEE ON COUNTY WIDE CONCERNS To The Scott County Board of Commissioners Eldon Reinke, Chairman Michael McGuire, Staff Coordinator Mayor, City of Shakopee Manager, City of Prior Lake Frances Schuman Larry Thompson Mayor, City of Belle Plaine Administrator, City of Belle Plaine Gail Andersen Thomas Reber Mayor, City of Jordan Administrator, City of Jordan Paul Flick Jerome Bohnsack Mayor, City of New Prague Administrator, City of New Prague Walter A. Stock Hank Sinda Mayor, City of Prior Lake Administrator, City of Savage Rod Hopp John Anderson Mayor, City of Savage Administrator, City of Shakopee kciCk ,t1t J l a�k-'& r bar; �� e(lco K TABLE OF CONTENTS Page I . Concerns Reviewed by Committee a. Road and Bridge Levy 1 b. Assessed Valuations 2 c. County Road Right of Way Acquisition 3 d. County Library System Financing 4 e. Sheriffs Patrol 5 f. County Services -VS- Cost Allocation 5 £ _11- 4 6 Ate+S. 6 „ty C � -a,iv—r COP-C¢YJT 0 DQ. II . Scott County Organizational Structure 7 III . Appendixes Appendix A, Comparison of Assessed Values to Sales Appendix B, Chapter 375A - Optional Forms of County Government ( CONCERNS Road and Bridge Levy CONCERN Since 1968, (except 1976 and 1977) , Scott County has returned a percentage of the road and bridge levy to the Municipalities for the purpose of general maintenance of County roads. This money is used to defray the costs of snow removal , street sweeping, etc. A letter dated December 31 , 1981 from E.W. Prenevost, County Highway Engineer, indicated that this policy was being reviewed and that these payments may not be made in 1982 and thereafter. Thus, there are two problems; timing and the uncertainty of the allocation. CURRENT PRACTICE In December of each year the County Board determines the percentage of the road and bridge levy that will be distributed to the Municipalities. This money is budgeted by the Municipalities each year as a source of revenue to help defray road maintenance costs. ALTERNATIVES 1 . Continue with current policy. 2. Discontinue the appropriation. 3. Base appropriation on miles of County roads within City limits. 4. Continue with current appropriation policy, but determine the dollar amount by(10A,Orf 1st of each year for the year following, ie: determine the amoun for 1983 by July 1 , 1982. RECOMMENDATIONS 1 . That the 1982 appropriation, which has been included in each City's budget, be authorized by July 1 , 1982. 2. That alternative number 4 be adopted for all future years. -1- CONCERNS Assessed Valuations CONCERN Under the current assessment guidelines, the possibility exists for local units of government to be assessed at lower percentages of market values than surrounding units. Thus individual tax payers bear an inequitable burden to overlapping taxing jurisdictions. (See Appendix A) CURRENT PRACTICE All local units of government have the alternative of contracting assessor's service from the County, contracting the service from a private concern, or using in-house staff. The present system is geared towards appealing properties which are assessed too high, and is seldom used to appeal properties which are assessed too low. County assessment guidelines allow assessors to use a great deal of discretion for certain categories of property. ALTERNATIVES 1 . Continue with the status quo 2. Mandate that all Cities and Townships be assessed by the County. 3. Adopt a County wide assessment policy which produces uniformity in assessment practices. 4. Establish a system which effectively monitors assessed values throughout the County. RECOMMENTAT I ON It is the recommendation of the Scott County Cities that the Scott County Board pursue alternatives numbers 3 and 4 by appointing a Committee consisting of local officials, assessors, and County staff, to recommend guidelines that will produce uniformity in all jurisdictions. -2- lam CONCERNS County Road Right-Of-Way Acquisition CONCERN Scott County does not have a consistant policy with Cities and Townships relative to County Road Right-Of-Way Acquisition. CURRENT PRACTICE Currently Scott County pays for Right-Of-Way Acquisition within the Township boundaries, but Cities are required to pay for Right-Of-Way Acquisition for urban section County roads within municipal boundaries. ALTERNATIVES 1 . Continue current policies. 2. Scott County acquire all Right-of Way for County roads. 5. Asa„.v.` '0Ii GLA-J ,A;,x- 40 be, RECOMMENDATION It is the recommendation of the Scott County Cities that the Scott County Board adopt alternative number 2. -3- j (� CONCERNS County Library System Financing CONCERN Scott County residents share equally in the benefits, but not the costs of the County Library System. CURRENT PRACTICE Scott County provides books, shelving and librarians while Cities provide buildings, maintenance and utilities. ALTERNATIVES 1 . Continue current policies. 2. County provide Library System costs. RECOMMENDATION It is the recommendation of the Scott County Cities that the Scott County Board adopt alternative number 2. -4- /J CONCERNS Sheriffs Patrol CONCERN The tax payers from the Cities contribute towards the Sheriff' s Patrol Service costs, but do not receive benefit from them. CURRENT PRACTICE All the Sheriff's Patrol Services are provided to the Townships, while the Cities pay 71% of the cost, as well as providing their own patrol service. ALTERNATIVES 1 . Continue with status quo. 2. Levy for Sheriff's Patrol by area of service. 3. Townships contract for service. RECOMMENDATIONS It is the recommendation of the Scott County Cities that the Scott County Board adopt alternative number 2 or 3. -5- /l CONCERNS County Services -VS- Cost Allocation CONCERN Many of the services provided by Scott County are supported by a County wide Property Tax, yet a number of those services only benefit Townships and not Cities. CURRENT PRACTICES Scott County currently taxes all property in the County to provide the revenue to finance County services. Today 71% of the County's assessed valuations lies within the Cities of Scott County which also has two/thirds of the County's population. With the increasing urbanization of Scott County it is appropriate for the County Board to questions the validity of the relationship between the County's traditional revenue sources and the delivery of traditional County services. A brief review of the County's 1982 budget by Scott County Cities suggests that the following services costing approximately $450,000.00, deserve careful scrutiny: 1 . Planning and Zoning 2. Argiculture Extension Services 3. Soil and Water Conservation 4. Ag Inspector - Weed Inspector 5. Investigation (Sheriff) ALTERNATIVES 1 . Continue with the status quo. 2. Authorize the County Administrator to employ the participation of the County Officers responsible, to review the services in quesiton. RECOMMENDATION It is recommended that Scott County adopt alternative number 2. l/ K Scott County Organizational Structure • CONCERN Is the current organizational structure of Scott County the most efficient and cost effective for the delivery of County Services. CURRENT PRACTICE Control and accountability does not rest solely with the County Board because, the Treasurer, Auditor, Surveyor, Register of Deeds, Sheriff and County Attorney are elected and do not answer to a central authority. This may result in: a. An inexperienced individual heading a department. b. Lack of coordination and or cooperation. c. Officials that respond to their departments interests and priorities rather than priorities established by the County Board. The County Board has appointed an Administrator and has made efforts to re- organize certain areas within the government, but are severely limited because of the great degree of independence that the six elected "Department Heads" enjoy. ALTERNATIVES 1 . Continue with the present organization. 2. Adopt an optional form of County Government, pursuant to M.S.A. 375.A. (See Appendix B) 3. Seek special legislation that would provide for a form of government most suitable to Scott County. RECOMMENDATION It is recommended that the County Board by resolution, petition the District Court to establish a "County Government Study Commission" to consider the various options available, under M.S.A. 375.A -7- • APPENDIX A Comparison of Assessed Values to Sales 2 YEAR RESIDENTIAL STUDY 7-78 thru 6-80 JURISDICTION . AGGREGATE RATIO 1 . Blakeley 53 2 . Savage 85 3 . Louisville 87 4 . Belle Plaine 88 5 . Sand Creek 88 6. Helena 89 7 . New Prague 90 8 . Prior Lake 91 9 . Shakopee 93 10. New Market Twp. 94 • 11 . Cedar Lake 96 12 . Credit River 96 13 . Spring Lake 96 14 . Belle Plaine City 96 15 . Jackson Twp. 99 16. New Market City 100 17 . - St. Lawrence Twp. 101 18 . Jordan 101 19 . Elko 106 MEAN 92 .05 MEDIAN 94 MODE 96 NOTE: Prepared by Shakopee City Assessor vim • W N J -4 N ' CLE EW (V d 1- 0-4 W F- a C=1 n ' v1 0 00 (.7 H 4 N C$ N 040 K Q ul t(1 n OW 0 00 ►—x 0< O H Q F- <0 WO Wen N Z W W Z ZO a F.vi `t H 00 (- p. Ko OC 0C1 r. 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H H A CO O OP CO N 0 CO CO CU Cl) H by (D CO CP ••••1 0 -A "0 8 3 H 'O H C) 0 -PCbO •-.1 H H c-r J 0) N0 --.1 H I 0 CI) )1 CD H 7C 0 c-r U G cn (D I Cf) n ct 2 t" 2 0 0 t" 2 P C rt H CIC 2 0 t'1 H 0 I N. I-F) Cn 0 0 Cr 0 n • O CD '0 Ca 3 p) Ni CD 0 0 C H Cr H H 0 C) Ni41. oo 0 (,) Cp Ni co co Co 0 Ui 0 0 0 - (n •••1 O Cb 0 C) LU LU L x 1 U1 CJ1 Z U 0 N H 0 Member Cities and Towns A Blackduck Clearbrook E. Grand Forks Gaylord Hitterdal Blaine Clear Lake East Gull Lake Gem Lake Hoffman Ada Blomkest Clearwater Easton Geneva Hokah Adams Blooming Prairie Clements Echo Ghent Holdingford Adrian Bloomington Cleveland Eden Prairie Gibbon Holland Afton Blue Earth Climax Eden Valley Gilbert Hollandale Aitkin Bluffton Clinton Edgerton Glencoe Holloway Akeley Bock Clontarf Edina Glenwood Hopkins Albany Borup Cloquet Effie Glyndon Houston Alberta Bovey Coates Eitzen Golden Valley Howard Lake Albert Lea Bowlus Cokato Elba Gonvick Hoyt Lakes Albertville Boyd Cold Spring Elbow Lake Goodhue Hugo Alden Braham Coleraine Elgin Goodridge Humboldt Aldrich Brainerd Cologne Elizabeth Good Thunder Hutchinson Alexandria Branch Columbia Heights Elko Goodview Alpha Brandon Comfrey Elk River Graceville I Altura Breckenridge Conger Elkton Grand Marais Amboy Breezy Point Coon Rapids Ellendale Grand Meadow Independence Andover Brewster Cook Ellsworth Grand Rapids International Falls Annandale Bricelyn Corcoran Elmore Granite Falls Inver Grove Heights Anoka Brooklyn Center Cosmos Elrosa Grasston Iron Junction Appleton Brooklyn Park Cottage Grove Ely Greenbush Ironton Apple Valley Brook Park Cottonwood Elysian Greenfield Isanti Arden Hills Brooks Courtland Emily Green Isle Island View Argyle Brooten Crookston Emmons Greenwald Isle Arlington Browerville Cromwell Erhard Greenway Twp. Ivanhoe Ashby Brownsdale Crosby Evans Greenwood Askov Browns Valley Crosslake Evansville Grey Eagle J Atwater Brownton Crystal Eveleth Grove City Aurora Bruno Currie Excelsior Grygla Jackson Austin Buckman Cyrus Eyota Gully Janesville Avoca Buffalo Jasper Avon Buffalo Lake DF Jeffers Jenkins Buhl H BBurnsville Dalton Fairfax Jordan Burtrum Danube Fairmont Hackensack Babbitt Butterfield Danvers Falcon Heights Hallock R Backus Darfur Faribault Halsted Badger Darwin Farmington Hamburg Kandiyohi Bagley CDassel Farwell Ham Lake Karlstad BalatonDawson Felton Hammond Kasota Barnesville CaledoniaDayton Fergus Falls Hampton Kasson Barnum Callaway Deephaven Fertile Hancock Keewatin Barrett Calumet Deer Creek Fifty Lakes Hanley Falls Kelliher Battle Lake Cambridge Deer River Finlayson Hanover Kellogg Baudette Campbell Deerwood Fischer Henske Kennedy Baxter Canby DeGraff Flensburg Harwick Kensington Bayport Cannon Falls Delano Floodwood Harmony Kenyon Beaver Bay Canton Delavan Foley Harris Kerkhoven Beaver Creek Carlton Dellwood Forada Hartland Kettle River Becker Carver Dennison Forest Lake Hastings Kiester Belgrade Cass Lake Dent Foreston Hawley Kilkenny Bellechester Center City Detroit Lakes Fosston Hayfield Kimball Belle Plaine Centerville Dexter Fountain Hayward Kinney Bellingham Ceylon Dilworth Foxhome Hector Belview Champlin Dodge Center Franklin Heidelberg L Bemidji Chandler Donnelly (Renville Co.) Henderson Bena Chanhassen Doran Frazee Hendricks La Crescent Benson ChaskaDovray Freeborn Hendrum Lafayette Bertha Chatfield Dover Freeport Henning Lake Benton Bethel Chickamaw Beach Duluth Fridley Henriette Lake City Bigelow Chisago City Dundas Frost Herman Lake Crystal Big Falls Chisholm Dunnell Fulda Hermantown Lake Elmo Bigfork Chokio Heron Lake Lakefield Big Lake Circle Pines EG Hewitt Lakeland Bingham Lake Clara City Hibbing Lakeland Shores Birchwood Claremont Eagan Garfield Hill City Lake Lillian Bird Island Clarissa Eagle Bend Garrison Hills Lake Park Biscay Clarkfield Eagle Lake Garvin Hilltop Lake St. Croix Beach Biwabik Clarks Grove East Bethel Gary Hinckley Lake Shore 26 MINNESOTA CITIES Cable television conference slated Week in April 3d devoted to A national conference on the agreements. The conference is aimed C mmunity beautificatio municipal administration of cable at elected local officials, cable board television is scheduled for May 16-18 members, administrators, and clerks. The fiat joW. __,-first..-.---Keeep America in Madison, Wisconsin, by the All sessions will be held at the Beautiful Week will be observed University of Wisconsin-Extension Wisconsin Center on the university April 18 through April 24. The Communication Programs. campus. The conference begins Sun- weeklong event expands the KAB The conference will discuss the day with a 4 p.m. reception. Pre- Day activities carried out in basics of local regulation and utiliza- registration is recommended. The fee American communities for the past ( tion of cable television. Topics in- is $95. 11 years. Both observances are Spon elude rate regulation, performance For more information, contact sored by Keep America Beautiful, ( monitoring, construction oversight, Barry Orton, University of Inc., a nonprofit public service consumer complaints, networking Wisconsin-Extension, Communica- organization founded in 1953. with schools, emergency uses, tion Programs, 220 Lowell Hall, 610 The event gives civic groups, government channels, franchise fee Langdon Street, Madison, Wisconsin businesses, local officials, and other options, community programming, 53706, (608) 262-2394. citizens the opportunity to show their and updating ordinances and commitment to community improve- ment through specific programs and to receive positive recognition for Computer to match communities, new industries their cooperative efforts. KAB Day activities have included recycling, beautification, restoration of historic Minnesota's rural communities munity can then match its resources monuments, cleanups, educational now have available a computer- with the needs of industries wishing efforts, and many others. A special based program to help them find and to relocate. award competition will honor the recruit new industries. The industrial The service is funded by a grant best KAB Week projects. location service, housed at St. Cloud from the Minnesota Balance of State KAB is dedicated to promoting in- State University, compares the re- Private Industry Council, Inc., a dividual responsibility for en- quirements of industries which are group of business and community vironmental improvement. Its major relocating or expanding with the leaders who develop and finance program, the Clean Community resources of participating rural Min- programs which increase employ- System, is a behavioral approach to nesota communities. ment opportunities. waste handling being implemented To use this service, local officials To learn more about the service, in 241 cities and counties in 35 states. work with regional development contact your regional development KAB reports that litter reductions up planners to complete an inventory of commission or the Minnesota to 80 percent are being achieved and the community's transportation ser- Balance of State Private Industry sustained through the system. vices, labor force, energy sources, Council, (612) 296-5754 or (800) Further information on KAB Week and existing industries. The corn- 652-9747. and materials are available from KAB, 99 Park Avenue, New York, N.Y. 10016, (212) 682-4564. Viking WATERTOWER 4:10PrE SERVICES CO. Box 187, C-7 • Bemidji, MN 56601 PAINT & REPAIR CO., INC. (218)751.5828(24 Hours) A.W.W.A. Member Prompt Service on Emergency Winter Work Specialists in Pipeline Cleaning Cal; (515) 357-2101 — 357-2102 and Telespection Box 67, Clear Lake, Iowa 50428 Serving Consulting Engineers, Municipalities, Contractors and Industry ''The Tank With The Red Roof" March 1982 25